addition of the penal Statutes as an Appendix in the close of the Book and proceed to the Court-Baron Now because the Court-Baron is always an adjacent Neighbor if not a Companion with the Court-Leet I shall successively give you the form and watters of charge to be enquired and punished there The Court-Baron holds Plea of all personal actions and trespasses made within the Mannor where the Tenants are and ought to have Justice at home and not to be at the charge of a Sute at Westminster for every petty action where sometimes the damage is not three pence 20 l. is spent in deciding the Controversie This Court ought to be kept every three weeks and to that intent the Lord receives Rents and Services of his Tenants to do them Justice and some hold their Lands onely by this service of doing Sute of Court and these Suiters are the Judges of the Court though I believe few Lordâ— know a reason why they receive their Quit-Rents and few Tenants wherefore they pay it by which means the due keeping of these Courts is in many nay most places neglected to the great injury of the people But a remedy they may have against the Lord for the non-usage or abuse thereof which shall here following be declared but to proceed First enter the Stile of the Court which is after this manner Holshâ—t ss The Court-Baron of J. W. held there on Friday the 24 of March in the yeer of our Lord 1656. When the Stile of the Court is entred call the Suiters and Tenants entring their appearances and defaults then make Proclamation That if any one will be essoyned or enter any plaint they may come in and be heard After the Essoyns and Plaints and Pleas be entred then impanel the Jury and swear them The Oath is after the same manner as the Leet onâ—y leaving our these words The Council for the Protector c. Then after silence made proceed to give in charge these Articles ensuing First the Jury is to enquire of the Suiters which owe any Sute to this Court whether they do attend the Court or no and present the Defaulters Secondly Enquire whether any Tenant be dead since the last Court or before whose death is not yet presented and present the same and what Lands and Tenements he held of his Mannor at the time of his death and by what service and who is next Heir to the said Inheritance If it be socage-Socage-Tenure the Lord shall have his Fealty one yeers Rent for a relief over and above his yeerly Rent I do not mean the Rent to the value or profits of the Land though many Lords of Copy-holders have much mistaken themselves of late in this case or else the Tenants do too much mistake themselves to the Tenants undoing when the fine hath been stretcht by the cloak bag-strings of the Lords conscience and for his relief the Lord may distrain immediately after the death of his Tenant You shall enquire whether any Freeholder hath aliened or sold away his Freehold or any parcel thereof and present it for he which bought the Land before he enter ought to give notice thereof to the Lord and if he bought but a parcel the Rent ought to be apportioned accordingly between both parties according to the value of the Lands sold Fourthly Enquire whether any one man hath two several parcels of Land holden by several Titles dieth seized of the same the Lord shall have two Herriots by his death You shall also enquire whether any Copy holder dieth seized of any Lands so holden and present it Also whether any Copy-holder hath made any Lease of his Copy-hold or otherwise aliened or sold the same without surrender and present it for its a forfeiture of his Copy-hold Enquire also whether any Copy-holder hath made any surrender of his Copy-hold or any part thereof since the last Court-day or before and present it and into whose hands it was made and to whose use for at every death or other alienation the Lord is to have a Fyne were it not for this few Lords would keep any Court at all though they ought to do it to do justice to their Tenants and the party into whose hands the surrender is made ought at the next Court to present the same and to certifie the surrender into Court to the use of the alien according to the trust reposed in him on pain of forfeiture of his Copy-hold and the party that receiveth the surrender is not invested in any right in the estate by the surrender unless he be admitted Tenant in Court Enquire also if any Tenant of this Manor have given any of their Lands into Mortmayn and present it if any man give or sell any Lands to any house of Religion or to any other which be corporate by the Kings Grant or if any one make any Feofment upon trust to the use of any Religious house or to the use of any Fraternity or Corporation this is Mortmain You shall also enquire whether any Tenant for term of life or yeers or any Copy-holder of this Lordship hath made any waste or suffered any waste to be done upon their Lands and Ienements and present it Waste is when any Tenant for term of life or yeers or any Copy-holder pulleth down any house or cutteth down timber-trees or suffereth any of his Copy-hold-Tenements to decay or fall or if any of the Tenants plowup any medow ground or if they suffer any wall or pale which was covered to be uncovered by reason whereof the same wall or pale doth fall or if any Tenant dig coals chalk sand or make any Myne in his Ground it is commitment of waste But if a Tenant fell Timber to repair Houses in decay upon his Copy-hold and therewith doth repair them or therewith build a new house or any new building this is not waste But if he cut down and fell any such Timber this is waste Also Copy holders may cut down Wood to burn upon their Tenements or to make Reparations without waste Enquite also whether any Tenant died seized of any Lands holden of this Mannor having no Heir at the time of his death his Lands shall escheat to the Lord. None shall inherit Lands in Fee-simple unless he be Heir of the whole blood and understand that a Bastard can never be Heir unto any man neither can he ever have Heir but his children of his own body lawfully begotten therefore if any Bastard die without issue or any other Tenant die seized without Heirs present it Also if any Tenant seized of any Lands or Tenements was ejected therefrom by one that had no rightful Title thereunto and after dies without Heir the Lord shall have his escheat as well if the Tenant had died seized ergo enquire thereof and present it Enquire also if any Tenant of this Mannor hath been attained for any Treason Felony or Murder for which he had judgment although he were afterward delivered or were burned in
the hand the Lord hath his Lands by escheat or if any one hath abjured the Land or be outlawed for any Treason Felony or Murder present it for the Lord shall have his Land by escheat You are also to enquire if there be any rents customs or Services withdrawn from the Lordship which are due and of right ought to be done thereunto and what Rights Customes and Services they are by whom withdrawn and where the Land lies out of which they be due and who holds the same and present it Enquire also whether any Waif or Stray was or is within this Lordship and whether the Lord be answered of the same and if not present by whom they are detained and if any Herriot be conveyed away or concealed present it and by whom And here it will not be any digression to tell you what a Waif and Stray is A Waif is if a Thing being pursued or otherwise to ease himself of his burden doth leave and forsake his goods which he hath stollen or any part of them such Goods are called Waifs and the chief Lord shall have the Goods so waived unless the Owner of them do make fresh suit after the Thief and attach him for stealing the said Goods in such cass he shall have his Goods again though they be waived but then he must sue an appeal or else procure the Thief to be convicted at his Sute 21 H. cap. 12. An Estray is if any Beast be found in the Lordship and no man know the Owner thereof they shall be seized to the use of the King unless the Lord have them by Grant or Prescription if the Owner do not claim the same within a year and a day after the Lord hath caused Proclamation to be made in the next Markets and in the Church according to the Statute Also enquire whether any person hath made any Rescous against the Lord or his Officers within the Mannor and present it That if the Lord come to distrain for his Rent and the Tenant resist him that he cannot distrain this is a rescue or if Beasts distrained run into the house of the Owner and the Distrainer prays them to be delivered to him and the possessors will not deliver them it is a Rescue You are likewise to enquire of and present all pound-breaches whether any person hath broken the Lord's Pound that is to have taken away any distress put therein if the Lord do distrain for Rent or service behinde he may impound the distress either in a common Pound or in his owâ— Ground if he will or in his Neighbors Ground by the License of his Neighbor and any place in which the Lord doth impound is the Lord's Pound but if any other person do impound any Cattle in his own Pound or his Neighbors he ought to give notice thereof to the other party that is to the Owner of them that he may give them meat if he will and then if the Beast die for want of food he that was distrained shall be at the loss and he that did distrain may distrain again for the same Rent or Duty Enquire also if any Inhabitant have overcharged the Common or High-ways or common Fields by putting therein more Cattel then they ought to keep or before the days agreed upon and present it foâ— the Lord may distrain the Surplussage Damage Feisant There may also be made certain Orders by the Inhabitants one among another which none may break under such penalties as they agree upon between themselves Also you shall enquire whether any persons have digged any Holes or Pits in the High-wayes or whether any use commonly to break Hedges or suffer any Hoggs to go unringed or unyoked to the annoyance of their Neighbors and present the same Enquire likewise whether any person hath stopped any Water-course Way Ditch Path or Stile or turned any of them out of their way and present it have a care in this case you presentno man malitiously a foot or two to step about its not so great damage to any as to cause a suite more then the value of the land as some have done and after repented too late Also whether any Tenant hath made any incroachment upon any of the Lord's Land Meadow Pasture Wood Heath or other vacant Ground without the Lord's leave or hath set his Hedge or Pale beyond his due bounds present the same Also enquire whether any person hath plowed up or removed any Meerbanks Banks or removed any Bounds or Limits between one piece of Land and another and present it Also you shall enquire whether any person doth detain or keep away or detain any of the Lords Court-Rollsor Evidences and present the same Also if any person have Hunted Hawked Fished or Fowled in the Lorâ—'s Warren and present it Also you shâ—ll enquire if any persons have taken any Eggs of the Lord's Swans out of their Nests and present their names Enquire also if any trespass be done in any of the Lord's Liberties either in his Corn Grass Meadows Pasture Woods Waters Ponds or Hedges or take or destroy any Aiery of Haws and present the same Enquire also if any Land be inclosed that ought to lye open without the license of the Lord and other Freeholders and present the same that the Tenants of the Mannor may not lose their Common thereof Enquire also whether any Tenant for life or term of yeers hath let any greater or longer estate in his Lands or Tenements then he hath therein it is a forseâ—ture of their Estates Enquire lastly if all the Defaults and Plaints presented at the last Court be sufficiently and duly amended and whether all the Orders and Rules made heretofore concerning this Mannor be observed and kept and present it and if you know any thing more fitting to be or that ought to be presented for the Lords profit or your own common good diligently enquire thereof as you are in conâ—cience bound according to the Oaths you have taken and are obliged to both by God and man studying as much as in you lits the general good and welfare onâ— of another and to that end of all matters given you in charge and here to be enquired of make a true presentment distinctly and plainly without malice in speaking more then is true or favor in concealing any one that is culpable against the truth The form and manner of proceeding in personal Actions both in the Court-Leet Court-Baron also the hundred Courts which is also a Court held generally every three weeks to hold plea in personal Actions where the debt or damages exceed not 40 s. by the Sheriff in many places or by his Steward if the King be Lord thereof or if it be a particular Lord by his Steward for the whole Hundred I say the Process of these Courts is Summons Attachment and Distress to be directed by Precept from the Steward of the Court to the Bayliff of the same where it lies in the choice of
can and do justly claim or pretend to have any Common of Feede in the said commonable Grounds waste and vacant Grounds and what be their several names 14. Item What Inclosures and Incroachments have been made at any time heretofore and now being in upon or out of the said Commons commonable Grounds waste and vacant Grounds by whom where and when were they made and what quantity and by what warrant or right they did or do hold the same 15. Item What plantings or Trees is now and have been hertofore set or growing upon any of the Commons belonging to the said Mannors or either of them by whom they have been so set or planted and what be their names that challenge the same as helonging to their Houses or Tenements and what be the names of such Houses or Tenements and how far off are the said Plantings or Trees planted or growing from the said Houses or Tenements and what number of Plantings or trees do they severally challenge to belong to their said Houses or Tenements and by what right and who haâ—h lopred felled sold or converted to their own use any such Plantings or Trees and for how much do they or any of them hold the same 16. Item What demâ—asne Lands are belonging to the said Mannors and either of them and where do they severally lie and how are they abuttalled and what be their several quantities and qualities and their yearly value and what be the names of them that have them in Farm exchange or Occupation and for what Rent and term or for what cause do they severally hold the same 17. Item What Liberties Freedoms Frankchises and other preheminences and royalties do belong or appertain to the said Mannors what are the same and what profit may be yearly or otherwise made or raised by the Lord thereby 18. Lastly to enquire and certifie who shal neglect or refuse to bring in and shew forth their Deeds or their Evidences of all their Free-hold Lands and Tenements within the said Manor together with all their Copies or Court Rolls of all such Lands as they severally hold by Copy of Court-Roll of the Mannors aforesaid for the better setting forth and distinguishing of the said Lands accordingly whereby the Survey of the said Mannors may be made the more perfect The manner of making the Terrar or Field-Book may be thus A general Survey and Field book taken at H. in the County of S. holden for the Mannors of G. and H. by R. T Steward and Survayor of the same the 10 day of M 1656. wherein all the Messuages Lands and Tenements in the said Mannors are set forth butted and bounded The Tenure how all such Lands are holden and who be the right Owners thereof Then begin at what part of the Town you please so go through setting down every parcel of Land Messuage or Tenement distinctly abutting and bounding it and at last set down the Tenure and Title of the Owner or Inheritor according to his evidence for the same as thus if you begin at the Mannor house then begin your Survey Book A. B. Esq Lord of the Mannor of H. c. holdeth one Messuage or Mannor house being the scite of the Manner aforesaid in his Demeasne as of Fee together with Barns Stables Dove house Orchards Garden c. abutting and bounding the same exactly Then proceed to the next land as you go whether East or West if East then thus A. S. holdeth next and more East twenty Acres of Arable Land abutting c. as it lies c. by Copy of Court Roll ut patet per Cop. suam de Rotulis Curiae If it be Free hold of Inheritance then say A. S. holdeth of the same Mannor one Free-Tenement c. abutting it exactly and putting down his Title and Tenure according to his Evidence If the Lords of Mannors and Tenants in their several Parishes and Townships would but joyn together with a little charge they might have Books of Survey made of their several Mannors wherein each mans Propriety might be recorded and known and this being done but once in an age or by every succeeding Lord his Tenants and himself might live in amity and tranquillity and many chargeable and vexatious Law-Suits to the undoing of thousands avoided and people might quietly follow their Vocations at home and not the promotion oâ— others by the ruine of themselves But probably the Obstructors of Peace will give me small thanks for this Oh Mounfeur Self-ends and Avidus when wilt thou depart from us R. T. Pacis dulcis Amator Acording to promise I shall proceed to declare the manner of proceeding in some inferiour Courts of Record of this Commonwealth but declaring them fitter Obâ—ects of Reformation then Practice hey were indeed originally instituted for the more speedy administration of Justice between party and party in their Corporations but are now by the corruption of time become Instruments of vexation and injury and because they are seated in the Metropolis I shall first begin with the Sheriffs Court of London There is holden at the Guild hall for the City of London two Court-days for one Compter holden before one of the Sheriffs and two Court-days for the other Compter before the other Sheriff in every week holding Plea in all personal Actions ad infinitum Their Practice in both Courts differs neither in manner nor form nor substance but the beginning of their proceeding I mean the levying of their Plaints is the most unjust and illegal both in the eye of the Law and of all rational people of any Court in the World For indeed the blame of all Courts is that they do not issue out Summons and take sufficient Pledges to prosecute upon the Return of the Summons as the Law originally intends before the awarding of any Capias for arresting the Body of the Defendant but return an Original of course as they call it sometimes and sometimes not at all putting John Doe and Richard Roe for pledges to prosecute whereas indeed there ought to be a due Summons first returned and Pledges that is sufficient Sureties That if the Plantiff do not prosecute or be overthrown in his Action the Defendant shall be satisfied his costs and damages for his unjust trouble charge and vexation But the Practice of these Sheriffs Courts is so far from this that they make out no Process nor Precept at all for to warrant their Arrest But they have a Book in their Office at the Compter-gates wherein they enter the Actions that is the Plantiffs and Defendants Names and the Debt or Damage and that is all And this is most often done after the party is arrested and in Prison for if two of their Varlets meet a man in the street minding to make a prey of him for which they continually lurk they immediatly seize on him if they know but any person he hath any dealing with be the Case right or wrong they presently drag him to the Compter or
Pacis Consultum A DIRECTORY To the Publick Peace Briefly describing The Antiquity Extent Practice and Jurisdiction Of several Countrey-Corporation-Courts Especially The Court Leet An Exact and Perfect Method to keep a Court of Survey for the setting forth and bounding of the Mannors Lands and Tenements with the Articles to be therein given in charge a work most useful of which Subject never was any thing printed before An Abstract of the Penal Statutes useful for all men to know Also some difficult Questions in Law proposed unto and resolved By Judge Jenkings Printed at London by J. C. for H. Fletcher at the three gilt-cups neer the west-end of Pauls 1657. To the READER Reader IF any actions of men may be though praise worthy certainly it must be their endeavours for the publicke good and above all the preservation of the common Peace and propriety of meum and tuum one amongst another for which end and aim only the Law was ordained and to that very intent and purpose was this ensuing Treatise composed not thereby to gain applause but that others may by it reap profit For if the Country-Courts were duely kept as they ought to be both Court-Leet and Court-Baron in every Mannor the common people need not so complain for the want of due Administration of Justice as they do nor be forced to seek so far and trouble the Superior Courts with so many petty Actions wherein the damage can never countervail the charge And for the Court of Survey as there is nothing more necessary so would it appear in the end there can be nothing more profitable if the Lords and Tenants would agree together in their several Mannors and cause Surveys and Terrars to be made of every one's Estate with the Title and this keep as a Record amongst themselves thousands of tedious Suits touching Titles of Land to the undoing of many Families might be avoided and the right Heir and Owner peaceably enjoy his own if this course were taken but once in an age I the rather put down the Abstract of Penal Statutes because of the daily breach of them to direct those that will how to punish the Offenders and the voluminous bulk of the Statutes themselves come not to the view of every one Gratefully therefore take this small Branch every one that wishes well to the Peace of English Sion for the Head and Members whereof remains a daily Orator 27 April 1657. Ph. Ag. Courteous Reader These books following are printed for and sold by Henry Fletcher at the three Gilt-Cups in St. Pauls Church-yard neer the West-End A Dispensatory with the whole Body of Physick wherein is discovered the Natures Properties and Vertues of Vegetables Minerals and Animals by the learned Renodaeus chief Physitian to the King of France Englished and revised by Richard Tomlinson of London Apothecary in Fol. A Martyrology containing a Collection of all the Persecution that hath befallen the Church of England since the first Plantation of the Gospel to the end of Queeh Maries Reign with the Lives of many Eminent Persons by Samuel Clearck Fol. An Explication of the 110 Psalm wherein the several heads of Christian Religion therein contained are largely explained and applied by Edward Reynolds D. D 4 0. A plain and easie Caleulation of the Name Mark and Number of the 〈◊〉 of the Beast by Nathanieâ— Steâ—eâ—â— â—â—â—nister in Leistershire a learned 〈◊〉 in 4 0. Paractiâ—â— his Chymical Transâ—â—â—â—ation of Metals and Minerals with the Experiments of Raymund Lully containing the right Composition of both Elixirs in 8 0. Enchiridion of the Art of Physicks by John Sadler D. in Physick 8 0. Time well improved or Meditations on Heavens glory Earths vanity and Hells horror with Prayers for most â—â—castent and other verses used by the Bell man of London 12 0. England's Balm or Pâ—â—pâ—fals by way of Grievance and Remedy to the Lord Protector and Parliament for a Regulation of the Law by William Sheppard Sergeant at Law in 8 0. Playes The old Law by Middleton in 40. Acteon and Diana acted many times lately at the Red-Bull in 4 0. both new The Antiquity Extent and Power OF Court-Leets And the form of keeping them IF Antiquity may offer it self in plea for Authority then good cause hath this Court to challenge equality if not preheminence above any in the Commonwealth of England for it was established long before the Conquest and in those days held Plea of all matters in difference either for meum and tuum the two greatest Adversaries in the world or pro placitis Coronae which intends generally the keeping of common peace and welfare in a Nation which is the crown and dignity thereof and the breach thereof is aptly called Crimen lesae Majestatis And so duely and impartially in those days were the Liberties and Laws of this Court observed that it is yet and ever wil be recorded amongst our Legenda aurea that in those days a child might travel safely in the Road with a bag of gold without danger and then the Ways were more dangerous in regard of woods being more full of Woods but I think not so well stored with Thieves as now so that we have destroyed the one and yet in too much plenty reserved the other But to avoid digressions and prolixity toe we shall proceed to the formality of proceeding in a Court-Leet as now it is and by the way observe that all manner of Crimes from the highest Treason to the lowest Trespas are here enquirable though not punishable of which in order you shall have a perfect description A Court-Leet is at most kept but twice a year in some places but once and in some lazie Lordships not at al but left as a thing obsolete and useless The manner thereof is first about fourteen days before the Court is to be kept for the Bayliff to give notice thereof by vertue of a Precept to be by the Steward of the Court pro tempore existente to him directed which usually runs after this form The Summons for a Court-Leet Hâ—ss A. B. Gent. Steward of the Mannor or Hundred or Leet aforesaid To the Bayliff thereof greeting I command you that you summon and warn all the tenants of the said Mannor as well residents as not residents and all customary tenants of the Mannor aforesaid that they be before me at H. aforesaid on Thursday the 26 day of March next coming to do their Suit unto the View of Frankpledge and all things thereunto belonging c. Dated c. Then the Steward ought to enter on the Court-Roll the Style of the Court which is usually after this manner The Entry of a Court-Leet together with a Court-Baron Hâ—ss The view of Frank-pledge with the Court-Baron of C. L. Esq Lord of the same there held the 20 day of March c. By A. B. Steward there Then make three Proclamations when you call the Court and then a Proclamation for Essoiâ—s and profers of Suit and Pâ—ea
If one be pursued by another the person in his flight throw his purse or any other goods into a bush or other place and the other comes and takes it this is Felony as wel as if he took it from his body becaus he parts with his goods for fear of his life Burning of a house or barn adjoyning to a house is also Felony and here to be enquired of Burglaries are also here enquirable that is if any person do break any house Church wall or gate in the night-time feloniously though he carry nothing out of the house yet this is Felony because every mans house is his Castle wherein he ought to repose himself for his safety and out of which he is not bound to flee If any one shall discharge a Pistol or any Gun in at a window this is Burglary Also robbing of Churches or Chappels and taking any of the ornaments or other goods out of the same this is Felony Taking of Doves out of a Dove-house in the night-time feloniously is Felony and here to be enquired of Also taking of young Pigeons of Goss-hawks in their nâ—sts or taking of fish feloniously out of ponds or trunks is felony but if out of a River it is but Trspass Felonious taking of tame Dear Swans marked is also Felony Also if any one receive a Felon knowing of the Felony he hath done or if any rescue any one that is taken for Felony it is Felony and here to be enquited of Accessaries are also here to be enquired of which are of two sorts both in Felony and Murder that is an Accessary before and an Accessary after the fact An Accessary before is if any one shall procure command abet or consent to another to do a Felony hough he be not presen when he doth it yet he is accessary before the fact Accessary after the fact is when one consenteth to it afterwards either by receiving of the Felon or his goods knowing them to be stollen Escapes are also here to be enquired of which are of two sorts voluntary and negligent Escape voluntary is where one taketh another for Felony and afterwards permits him to go at large whether he will this is Felony A negligent Escape is when one is arrested for Felony and afterwards escapas through the negligence though against the will of his Goaler or Keeper and if he be not freshly pursued and taken before they lose the sight of him the Goaler shall therefore suffer a Fine Petty Larceny is also here to be enquired of which is the felonious taking of any thing under the value of 20 d as Hens Geese Piggs or pilfering things of small value out of wincows these things are here to be enquired of For these offences The house of Correction were mere proper for the offendor then the Goal and punishment used so likewise more satisfactorily might all Felonies be expiated by the Felons labour till restoration be made then by death For tex talion is it the most just law in the world bloud requires blood and nothing else it is more precious then to be spilt as to often it is But while it is as it is you are to enquire what Goods or Chattels Lands and Tenements any Felon hath at the time of the Felony committed for the persons so offending forfeit their goods to the Lord of the Leer and their lands are to escheat to the Lord of whom it is holden And thus mach concerning such matters and offences as are to be enquired of and presented a a Court-Leet and to be certified to the Justices of Assize In the next place follows such things as are here to be presented and punished This being a Court of Record here may be brought Informations upon all penal Statutes or an action of Debt at the election of the Plaintiff or Informer Offences of this nature in this Nation do at this time too much abound parly by the Ignorance of such as would prosecure them but know not the Law nor the encouragement and chiefly by the countenance of those that should take cognizance of them and punish them but they are more apt to incline to take the Delinquents part then the Prosecutors Know therefore that amongst these Caterpilers of the Commonwealth the Gamester is the principal Verb by which wicked practice how many Families and persons are utterly ruined And yet none so much favoured and defended these But to prevent this destructive evill the Law hath provided that if any man shall keep either in his house yard or backside any playing or sufferany to play at Tables Cards or Dice Coits Clash Loggets or Nine-pins Shove-groat otherwise called Slide-thrist or shall keep any Bowling-green or alley and shall suffer any person to play therat or at any other unlawfull game either now invented or to be invented every such person and persons shal forfeit 40 s a day for every day wherein he kept such gameing as aforesaid And all persons that shall play at any such games forfeit every one the sum of 6 s. 8 d. for every day that they shall play at any such games as aforesaid one moyty of all such Forfeitures shall go to the use of the Lord Protector the other moyety to any person that will sue for the same non constat what he is worth per annum as some pretend in any Court or Cours of Record either by action of Debt Bill of Indictment Plaint Suit or Information wherein no wager of Law Essoyn or other protection is to be allowed the Defendant Therefore in this Court an Information action of debt or Plant lies against gaming-houses and players therat if any such there be within the Jurisdiction of the Leet as there are few places free from them And the Jury is also to inquire of these offences present them In the next place and indeed be ought to be a the upper end of the board for he 's the ringleader of all wickednes comes Mr. Ale-house keeper or Mr. Victualer as he calls himself This is one that is seldom guilty of one fault alone yet he 's so elevated with the vapours of his Ale that he 'll bid defiance to the law and them that prosecute it and many times the Constable or him that is sworn to present his Abuses dares not because out of the flushes of his easie gains he lends him money But the Jury at every Leet and other Inquest is sworn to enquire and present if any one sell Beer or Ale without license It will not serve their turns to pretend they are free Cooks or free Inholders for the statute excuses none The punishment for an unlicensed Alehouse-keeper is at the discretion of the Judge or Justice either by the thee Statute of 5 Ed. 6. wherein the penalty is 20 s. to the use of the poor deducting a third part to the Informer if it be by information of the parish where the offence is committed or in default of paiment thereof the Ale
to be enquired of and presented that they may give an account by what means they live And under this Article being well and duly examined to the purpose you will finde many Thieves and Gamesters from which number my host himself is seldom to be excluded Also if any go in any messuage for Thieves knowing them to be Thieves they are to be enquired of If any person have watered any Hemp or Flax in any river running water stream or brook or common Pond where cattel use to drink they are to be enquired of they forfeit for every such offence 20 s. the one moyty to the party grieved or any man that will sue for the same in the Court-Leet by Action of debt Bill Plaint or Information But note that if such an offence be presented by the Jury in a Court-Leet the penalty cannot be levied but the offender is there to be amerced and the Amerciament estreated and so levied but it may be punished in the Leet upon the Action or Information of any person against the offender If any persons have or use any false counterfeit or unsealed Weights Scales or Measures or if any use double or two sorts of Weights or Measures that is one to sell by and another greater Weight to buy by which is a deceit to the people this is to be enquired ofâ—â—n The Assize of Bread is also to be enquired of and it wants diligent enquiry whether Bakers do make their bread of a due size according to the Statute and the rate and price of corn and present the defaulters Also if Butchers Fishmongers or any other Victuallers sell any corrupt or offer to put to sale any corrupt or unwholesome flesh or fish it is to be enquired of Also that all persons that sell Victuals sell the same at reasonable prices according to the price of the Market adjoyning and they that sell otherwise and are thereof convicted shall pay double what they receive to the party that is damnified this is therefore to be enquired of Euquity is also to be made of Hostiers that they sell not Hay or Oats but at reasonable prices and that they do not take for the bushel of Oats but an half-penyover the common price in the Market and that they take nothing for the Litter An Inne-keeper may bake his bread for horses in his house in any thorowfare-Town which is no City where any common Bakers dwell Provided that he make the same according to the prices of grain otherwise it is presentable and punishable in Leet If any Millers take excessive Toll they are to be enquired of A Miller ought to take but the twentieth or the four and twentieth grain according to the custom or the strength of the water Also if any Miller change the corn or grain he hath ground it is here enquirable and punishable If any Artificers use any deceit in their work to the deceiving of the people it is here to be enquired of and their names pâ—esented Also if any Constable Ale-taster Bayliffs or any other Officers within his jurisdiction of this Court have not well and truly done their Officers or neglected the same it is to be enquired of and presented Whether the Constables and Tythingmen have done their endeavors to see the peace kept and duly to keep watch and ward as the Law requires it is to be be enquired of here and presented The Jury is also to enquire of Treasure-trove that is if any Money or Plate or other treasure be found that was hid in the ground and no man knows the owner that is who hid the same this is the King 's unless the Lord have it by a special Grant or Prescription Enquiry is also to be made of Estrays that is if any Horse Piggs Hoggs or other â—attel or Swans have come into this Lordship and have been there a year and a day and not claimed then the same is the Lord 's by Prescription but the same ought first to be impounded in a lawful Pound and proclaimed in three Markets next adjoyning and if one claim them then they shall be seized and ought to be put into some several land which is open and publike and not into any covert or wood where the owner cannot finde them for if they be in covert the property is not changed though they be there a year and a day Waifs are also to be enquired after that is to say Whether any Thief upon Hue and Cry pursuit or otherwise doth waif his goods that is throw away or forsake his goods or any part thereof in his flight such goods are called Waifs and the Lord of the Leet is seized thereof therefore it ought to be enquired of and presented here at this Court. Also if any Officer seize upon any Thieves goods though there be no pursuit in this case the Lord of the Leet shall have these goods If any 〈◊〉 for Felony or Murder that is if any be indicted for Felony or Murder though he be acquitted yet if it be found that he fled for the fact he forfeits his goods and chattels to the King or to the Lord by Charter and this is enquirable If any horse or mare that is scabbed mangie or hath any infectious disease be put into any Common or waft grounds the owner thereof shall forfeit to the Lord of the Leet 10 s. this therefore is to be enquired of If any person be outlawed in Debt Trespass or other personal Action his goods are forfeited and the King shall have them unless they be granted unto the Lord by Châ—rter this is also here enquirable The Jury are also to enquire whether the common Fyne is duly gathered by the Bayliff or Headborough and paid according to the custom of the Court and common They are also to enquire whether there be within the Leet a Pilloty and â—umbrel and Stocks to punish offenders according to Law In every town where there is a Leet there ought to be Stocks and in default thereof the Town shall forfeit 5 l. If any Baker Butcher Brewer Alehouse-keeper or the like dot ake excessive gain for their Victuals or do promise covenant or conspire together not to sell Victuals but at a certain price this is to be here enquired of and presented Likewise enquiry is to be made if any Artificers Workmenâ— or Labourers have promised covenanted or conspired together that they will not make or do their works but at a certain price and not to finish what another hath begun or that will do but certain work in a day they are to be presented and punished according to the Statnte of 24 H. 8 cap. 12. Also enquiry is to be made if any Tanner have put to sale any Hide of Ox Bulâ—or Cow that is gashed or out he shall forfeit for every Hide so sold 12. d. Also no Curryer ought to curry any Leather in a Shooâ—makers house nor to curry any Leather that is evil tanned Enquiry is to be made in all Leets in
the Plaintiff either to summon the Defendant or attach his Goods which he must put in Bayl unto to appear at the next Court to answer the Defendant which is usual in trespass but in debt onely a Summons without bayl a laudable way of granting out Process in all Courts of Judicature coming neerest the purity of the original and ancient practice of the Laws of this Nation And if the Original in the Court of common Pleas were only used and the Capiat taken away or rather indeed a Sub-poena only in all Couâ—ts an Attachment to follow in case of Contempt how much vexatious charge trouble would the people of the Nation be freed from and their Estates and persons saved from the devouring clutches of those ravenous Wolves the Catch-poles and Sergeants to which honest men are often enforced subjects when perhaps nay most often less charge would end the difference then these men expose both parties unto and for which both Plaintiff and Defendant sit down losers But because it is our earnest desire to pursue peace as much as is possible with all men we shall here lay down a method of keeping a Court of Survey which if all Lords and Tenants would as if they will with a little charge they may joyn together and perfectly observe the Right and Propriety of every man might be known and registred amongst them and thereby many tedious consuming troublesome Title-Sutes at Law avoided for by this means every one might know his own and he that will not therewith be content deserves nothing The manner form and method of keeping a Court of Survey for the surveying setting forth Butting describing and bounding of any Mannor or Town with the several Tenures belonging to the same With the form of making a Terrar or Field-book and the Articles to be given in charge to the Jury in a Court of Survey Articles to be enquired of and given in charge in a Court of Survey holden for the Mannor of A. in the Parish of H. in the County of N the 8 day of May 1656. IN primis Who have or are suspected to have or keep back any of the Lord's Evdences Court-Rolls Rentals Books of Survey Teâ—rars or Writings what 's soever concerning the said Mannor and who have been Stewards of the said Mannor within the time of your remembrance Note if there be a Survey holden for two Mannors or more at one time then say instead of Mannor Mannors And the said Mannors or either of them 2. Item That you inform what Limits and Bounds belong to the said Mannors and what Lords are bounding or bordering therupon or whether they do châ—lenge intrude or encroach upon the Lands of the Lords of the said Mannors 3. Item That you set forth the Freehold Lands and â—enements within the said Mannors from the Copy-hold customary and demeasne Lands of the said Mannors and either of them or any other Mannor and who are the Free-hold Tenants or Occupiers therof and what are their names and what Freeâ—hold Rent do they severally pay to the Lord of the said Mannors for the same 4. Item What alienations transmutations or alterations have been made of any Free-hold Lands within or belonging to the said Mannors or either of them and what is due to the Lord upon any such alienation transmutation or alteration 5. Item What Houses or Tenements of Freehold are now standing or have been decayed within the said Mannors by whom and when were they so decayed what Laws do or heretofore did belong to every such House or Tenement and what Lands have been sold from the said Houses or Tenements and to whom 6. Item What Tenements or Cottages are lately built within the said Manors that are holden at will or sufferance or by Copy of Court-Roll of the said Mannors or either of them or any other Mannors and who be the owners or occupiers thereof and what Rents and Services do they yield and pay for the same and what Laws do belong to every such Tenement and Cottage and how long since have any such Tenements or Cortages been built and what Commonage do they challenge for the same and by what right and what is the name of such Common or Commons they challenge Commonage in 7. Item How many Copy-hold or Customary Tenants are within or belonging to the said Mannors and either of them and what be their several names and what Messuages Landâ— Tenements or Hered itaments hath every such Copy-holder or Customary Tenant what are their several quantities and yearly values where do they lie and how they are abuttalled and by what Rents and Services doth every such Copy-holder hold the same 8. Item Whether any of the Copy-holders within the said Mannors have exchanged bargained or sold any of their Copy-hold Lands or Tenements to any Free-holder and what are such Lands and Tenements so bargained exchanged and sold yearly worth and where do they lie 9. Item Whether any Copy-hold or Cnstomary Tenant of the said Mannors or either of them hath let or set for any time or term of years his Copy-hold or Customary Lands or Tenemenâ—s or any part thereof without the Lords license and whether any enjoy any Copy-hold or Customary Lands not having a Copy or Grant thereof immediately from the Lord of the said Mannors and what be their names and the yearly value thereof 10. Item What Lands Tenements Rents Services or Hereditaments within or belonging to the said Mannors are withholden concealed or substracted from the Lord of â—he said Mannors by whom and when c. 11. Item What Heath-Grounds Sheep courses or Sheep-walks are within or belonging to the said Mannors how are they scituated set forth or bounded and how many Acres do every such Heath Sheep course or Sheep-walk contain by measure or estimation and how many Sheep will the same yearly maintain and keep and what other Priviledges or Customary Feede do belong to the said Sheeps-course or Sheeps-walk and where do the same lie and at what time or times in the year is the said Priviledge and Feede to be taken and what is the yearly value of the said Sheep-walk or Sheeps-course 12. Item Whether any can or do justly claim or hold any Land that lies within the said Heath-Grounds Sheep-course or Sheeps walks and by what right do they hold or claim the same and how much Land have every such Land-holder and whether have they not other Lands of the Lord of the said Mannors in Leiu or exchange thereof and where do the said exchanged Lands severally lie and how are they abuttalled and bounded and what be the several Names of the Occupiers of such Lands and their several quantities 1. Item What Commons commonable Grounds waste and vacant Grounds are within and belonging to the same Mannors and what be their several names how are they scituated metred let forth or bounded and how many Acres doe every such Common commonable Grounds waste and vacant Grounds contain by estimation and who
their petty Goals at next door and then run and enter against him what Actions they please in the Name of any Man And at the next Court-day the Defendant perhaps after two or three days imprisonment may obtain a Non-Sute and shall have adjudged him 7 s. 2 d. for his Charges which is not the tythe thereof and that he may look for if he can tell of who or any man whatsoever that hath any envy in his breast which there are few that want may come and enter an Action against any man he 's minded to do a mischief unto and keep him in Prison at 8 d. per week charges to the Knave as long as he lives And their way of taking of Pledges of prosecuting is thus To demand of the Plantiff or he that enters the Plaint where he lives if he say in Fleet-street then then they enter Pledges to prosecute John Fleet Richard Street if in Common-Garden then Pledges c. John Common Richard Garden according to the place the party names though no such man be And it is a great oppression to Country-people who are thus snapt up by irregular Proceedings This is not to expedite Justice but to disgrace the Law and wrong the Commonalty By this means I have known many utterly undone and some have lain in Prison five weeks upon this account and never knew heard of nor could never find out his Adversaries And then after this he hath non-suited their Actions entred over and over again they take a President from a worse then this that I must take so much leave as plainly to speak of that is the Court of Upper-Bench from whence issues a Writ called a Latitat or in the County of Middlesex A Bill of Middlesex and uppon the supposition of one of these returned though never any such thing be they reward a Latitat into all Counties to take the Defendant without naming the cause onely Trespass be it what it will be upon which if he cannot put in bayl he shall lie in Prison three Terms which somtimes with the Vacations to booâ— is above three quarters of a yeer and then if the Plantiff declare not he may obtain his Liberty by a Supersedeas if he hath money to purchase it but not a farthing costs or any remedy against the party that injured him by this wicked practice many a poor Soule miserably endes his dayes in Newgate And if a man be arrested by a Latitat or Bill of Middlesex and the Pâ—aintiff never declare after he hath put in Bayl he shall not have any costs but only a Nonfuite or a Discontinuance as they call â—t unless the Defendant appear in person and that is hardly worth his while This I make bold here to mention because it is a Gâ—ievance cries loud for Redress and so doth the City-Court too for can it seem reasonable that any man should be arrested and imprisoned he knows not why nor wherefore and most times irregularly the Serjeants having the advantage to do it without Warrant or any Precept or Process to be shown oftentimes nay most commonly imprison the Defendant without any Action entred against him This Practice was abhorred by the Heathens and then is it not a shame it should be tolerated by Christians But after the Arrest the Defendant appearing by Attorney the Plantiffs Attorney declares if cause be and then they fairly proceed to Trial according to the substance of the Proceeding of the Upper-Bench though different in form and to the Defendant if he be a Free-man in case of debt is allowed four Defaults by which time he may make his peace if he be wise And by the way give me leave to tell you that I have read and I am sure 't is reasonable That it is not lawful for a Citizen or one living in a Corporation to arrest any stâ—anger that inhabits in another Country into one of these Courts but by Process from above for these Courts had their Authority granted them originally from the King for their ease and the more easie dispatch of Justice between one another in their several Franchises for as the Forraigner hath no benefit by their Franchise so ought he not to be impleaded in their Courts Besides a great disadvantagedies upon the stranger being far from home and distant from Friends is too often enforced to purchase his Liberty by an unjust Composition There is also a Court holden before the Major and Alderman in the Guild-hall of the said City unto which the Sheriffs Court is subject by removal and both of them to a Habeas Corpur out of the Upper Bench or Common Pleas if the Action be not under five pounds and if it be then the Defendant may cause another Action to be entred against him at the Sute of any person he will name which is above 5 l and remove both together There is also another Court of Equity held between one Freeman and another in the said City wherein they regularly proceed by Summons in all Debts not exceeding 40 s. and pity it is that the Authority of that Court extends no higher Thus by the head you may guess at the whole Body I mean the Proceedings of all Corporations for setting the first Arrest or Process aside when they come to declare they do generally in their Declarations imitate the Bills and Declarations of the Upper Bench. I would be larger but I proceed to other things here more aimed at only by the way let me desire the Stewards and Judges of all such Courts to be careful in amending what Erâ—ors they finde have through the rust of Antiquity crept in among them endeavoring as much as they can the ease of the Subject and equal Right to all Certain Questions and Cases in LAW Resolved 1. JOHN Doe surrendred to his Wife certain Copy-hold Land of Inheritance to her and to the Heirs of their two Bodides to be begotten and for default of such issue to the right heirs of the said John Doe but in the said surrender doth not express that he gives it to her for her Joynture althugh it was his intent she should have ne other Dowwhether is this a Joynture or not 2. The said John Doe died without Will his Wife administred and there was certain Timber felled for the repair of a Copy-hold belonging to the Heir which the Praisers refuse to put into the Inventory for the reason aforesaid This Widdow marries again and her Husband takes away the Timber so felled from off the Lands belonaing to the said Heir whether is this Felony or not 3. Her said Husband is the Lord of the Mannor and doth detain and keep certain Writings from the Heir of the said Deceased refusing to keep any Court where the Heir should be admitted Tenant to certain Copy-hold Land lying within his Manor but doth destrain for Quit-Rent upon the Land belonging to the Heir refusing to deliver the Heir his Writings or shew any Title he hath to the Quit-Rent 4.
Whether the aforenamed Surrender being accepted and taken doth not barr the woman to have any Dowry either in Fee or Copy-hold Lands after her deceased Husband although the Custom Book of that place where the Copy hold lieth renders the Widdow of the Deceased the third part of tho Lands that her Husband died seized of 5. What sorts of Wood is accounted Timber by the Law and whether the Woman by vertue of the aforenamed Surrender can cut and sell any manner of Woods growing upon the said surrendred Lands to make a waste and spoil or whether the Land restrains her but to cut for necessary uses 6. Whether the Widow of the Deceased in her Widdowhood letting a Leese Parole for five yeares of her surrendred Land contrary to the Custome ought not to make good the said Lease Parole to the Tenant because he shall be much damnified if he enjoy not the same 7. If a man taken with an Execution for Debt by the Sheriffs Bayliffs and the said Bayliffs suffer him to make an escape and the Creditor reneweth not the Execution in two or three yeares after whether may he afterward bring his Action against the Sheriff or the Debtor 8. We desire to know what penalty is to be laid upon the Lord of the Manner which ought to keep a Court-Leet once a year and doth not and to whom the penalty belongeth 9. How Lords of Mannors do hold their Lordships and Mannors and whether they pay any Rent therefore or no 10. If Lord of a Mannor commit Felony who is to have the forfeiture of his Royalty The Resolution of the foregoing Questions To the first A Joynture of a Copy-hold doth not bar Dower for that at the common Law it it did not and by the Statute of Uses the Joynture must be of Lands at the common Law and whereof Uses might be raised which holds in neither in Copy-holds 2. It is not Felony but the Lord of the Mannor may have an Action of Trespass again the said Husband or the Heir may have an Action upon the case against him 3. The Heir may sue him at common Law for detaining of his Writings and touching the distress for Quit-Rents let the Tenant bring a Replevin and the Lord upon his Avowry must shew his Title 4. The Statute of Joyntures doth not extend to Copy-holds for the Reasons given to the first Question and therefore that Statute is no bar 5. Elm Oak and Ash are accounted Timber in Law and Beech in Countries barren of Wood the Law restrains any Copy-holder to fell Wood or Trees but for necessary uses unless the custom warrant it otherwise 6. The Lease Parole for five years not warranted by the Custom is a forfeiture of the Widdows estate if the Lord take advantage thereof if the Lord so do the Lessee hath no remedy 7. Against the Debtor he can have no Action of Debt for his Action was determined by he Execution but within two or three years he may bring an Action of Debt against the Sheriff 8. A Quo Warranto lieth for non-user or abuser of a Franchise The penalty is the Seizer of the Leer 9. All Lordships and Mannors were holden before these times meditate or immeditate from the King by accustomed or reserved services 10. If he hold of the King the King if of a measne Lord that Lord. Cases resolved touching Wills What persons are by the Law to make a Will or Testament and who not A Person our-lawed for Felony cannot make a Will but if a man be outlawed only in Personal Actions he may make a Testament of his Lands but not of his Goods The same Law is of a man attained of a Praemunire but not of a man excommunicated An Infant making a Will of his Land within age and dieth after he cometh at full age not revoking this Will it is not a good Will A woman seized of Land and marrieth and afterwards maketh a Will of it this is not good A Lunatick being of sound memory maketh his Will and becometh Lunatick and afterwards comes to his understanding and dies this is not a good Will A man speechless or one born deaf and dumb may make a Will by signes A man being of a sound memory makes his Will and afterwards becomes mad and so dies this is not a good Will A man who hath a Wife not divorced taketh another Wife who is an Inheritrix she cannot make a Will What is a good Will and what not and what shall be a Revocation and what not A Will without naming any Executor is good for Lands but not for Goods A Will wanting date is good if made after the 20 day of July 1540. A Will without sealing or subscribing if it be made in writing in the life time of the Testator although it be never proved before the Ordinary A Will Nuncupative is not good for Land Two men severally seized of Land make a joynt Testament of their Lands this is good A man is making his Will and hath devised parcel of his Land and before the finishing thereof he dieth the Wil is good for so much as is devised If a man appoint by his Will that his Land shall be fold to pay his debts and sheweth not by whom the Will is good and shal be performed by the Executors or administrators If a man makes a Will of land that is not his own and after purchase the same land and die this is not a good Will Also if a man makes a Will of his land and after alien this land and afterwards repurchaseth it again this not a good Will A Woman makes a Will of her Land and after takes a husband who hath issue the husband and the Wife both die this is not a good Will A man makes a Will and afterwards makes a new Will and after in his bed dying saith that his first Will shall be his last Will this is good A man makes his Will in writing and after giveth divers Legacies to several persons then after by word revoketh all but one this is a good Revocation of all but that one If any man gives land by Will to one person in Fee and afterwards giveth the same land to another person by another Wil but for term of life this is a Revocation of the first Will. What things are deviseable or may be devised If any man be seized of lands deviseable and thereupon buildeth the house or building may be devised So likewise may a Rent charge created de novo A man seized in right of his wife and granteth parcel of his land to one and after deviseth the residue to another this is good If a Farmer of land not deviseable erect and fix a Furnace in the midst of the house in the land he may devise this Furnace A Tenant in Fee-simple or Fee-tail may devise the Corn although the land be not deviseable but trees he cannot A man seized of a Mill may devise the runner-stone but not the
and the other acre to the other his heirs they are joynt-tenants Three Coparceners are agreed to make a partition so that the one hath a several part alloted to her in severalty and that the others shall hold in Coparcerany and for equality of partition a rent is granted and alotted out of the several part to the others in Fee they are coparcerners of the Rent A man makes a lease for life and hath issue two daughters and dieth the Lessee make waste the one of the daughters hath issue and dyeth the issue and the other bring a Writ of waste and recover and enter they are Coparceners as well of the Free-hold as of the Fee Land is given to two to have to them that is to say to the one of them in tayl and to the other in Fee he who hath a Fee deviseth the whole and dieth this not good for any part What devises of reversions or remainders of Rent be good and what not A man lets a lease for term of life and after diseised his Lessee and makes a Lease for term of life to another for term of life of the first Lessee the remainder over in Fee the first Lessee enters yet he in the remainder may devise his remainder A man makes a lease for yeares upon condition that the lessor disturb not the Lessee within the term of the Lease that the Lessee shal have Fee maketh Livery accordingly the Lessor disturbeth the Lessee for Rent where none is in arear and after he deviseth his reversion this is not good A man makes a Lease of two acres of Land reserving rent and hath issue two daughters and dieth the daughters make partition of the reversion so that the reversion with the appurtenances of one acre is allotted to one and the other to the other they severally devise the rent this is not good Land is given to two habend to the one for life and after his decease to the other in Fee he who hath the Fee deviseth his reversion this is good The husband endows his wife at the Curch-door and after is attainted of Felony and dieth the wife enters the Lord of whom the Land is holden deviseth the reversion this is not good A lease is made for life the remainder in Fee to the Wife of the deviser she surviveth and deviseth this remainder this is good An Infant makes a Lease for life the Lessee grants his estate over with Warrants the Infant at his full age briâ—geth a dum fuit infra aetatem against the Grantee who avoucheth his Grantor who entreth into the warranty upon whose possession the demandant releaseth in fee al his right and is barred in the action by this release and after deviseth his reversion this is a good device A man gran's his reversion in Fee and befor attornment he grants the same reversion to the Grantee for term of life onely and the Tenant attorneth generally the Grantee deviseth this reversion this is a good device A husband makes a Lease for life to the daughter and heir apparent of his wife being covert rendring rent the wife mother dieth the husband deviseth the rent this is void A man makes a lease for life reserving rent to him and his heirs the Leassor deviseth his rent this is good but if he reserve the Rent to him and to his Assigns it is not good What gift or estate or conveyance shall be said to be made by covin or fraud and what not A mâ—n holdeth Land in Soccage of a common Lord and he conveys this by fraud to defrand the Lord of his relief or herriot the Lord shall not take advantage of this covin The Tenant makes an estate in Fee upon condition and takes back an estate to him for lise the remainder to his eldest son in tail and for default of such issue the remainder to the heirs of the Body of the father begotten the remainder over in Fee to the Lord of whom the Land is holden yet this is covin at the pleasure of the Lord. A man bona fide enfeoffeth two of his servants to their own use for good service done and to be done and they by covin convey divers faandulent estates to their masters which remains over c. and the master knowing of their intent rejoyneth at it yet this shall not be fraud The Tenant intending fraud enfeoffeth divers persons and putteth the Lord in trust as Attorney to make Livery and Seizin and so he doth yet the Lord shall avoid this covin The Tenant maketh a Lease for years to the Lord and after by a Fine conveyeth fraudulent Estates c. and after the Lord within the term maketh his Executor and dieth and the Execuâ—or entreth into the term and after the lessor dieth his Heir within age and the term continueth the Heir of the Lord shall not avoid this covin What shall be said a purchase of Lands by the husband for the Joynture of the wife and what not Land is given to three men and a feme sole one of them marries with the feme she being excommunicated one of the others releaseth to the husbandand wife and to the Heirs of the husband the husband dies the wife assents This is a good Purchase and yet the wife is not a Tenant for life I. S. being contracted marriâ—h another wife and after marrieth her with whom he was contracted he and his wife exchange land which he had in the right of his wife the husband dieth she agreeth to the exchange this is not a joynture A windmil is leased to a woman for years who taketh a husband he granteth the term upon condition and for the condition broken enters the lessor releaseth them haeredibus suis omnibus masculis and if they die without such an Heir that this shall remain to the Heirs of the husband this is good c. 27. H. 8. cap. 10. A Reversion upon an estate for years is devised to the husband and wife in free marriage by the father of the husband the remainder to J. S. in fee Tenant for yeers surrendeth to the husband who dieth the wife enters this a good estate to the wife c. An upper chamber is granted without deed to A. for life the remainder for life the remainder to A in Fee A. grants his estate to him in remainder and his wife and to theâ—r Heirs and if they die without Heirs males of their bodies begotten that then this shall revert the husband dies the wife enters This is an estate to the wife c. Land is devised to J. S. for life the remainder to a husband in frank-marriage for c. I. S. and the deviser die the husband enters and dies the wife euters this is not an estate made c. Five acres of Land adjoyning to the Sea are devised to husband and wife haeredibus suis masculis for c. five other acres adjoyning thereunto the Sea for saketh into which the husband and
wife enter this is not any estate made in the five acres newly gained J. S. by indenture bargains and sells a Dove house to husband and wife and to their heirs so long as they have issue of their bodies whereas he hath no Dove-house J. S. builded one the husband enters and Dies the wife enters this is no tail in Joynture c. The father giveth Land to the son and his wife liberis suis with warranty to the son and his Wife and to the heirs of their bodies for ten years they are impleaded within the ten years and lose and have in value the years expire the husband dies the wife enters this is not an estate in tail for joynture but for life Land is given to A and B and to the heirs of B. B. leaseth this to a feme sole for life the lessor grants to the said feme and J. D. common for ten year out of the said Land during their lives for the Joynture of lessee and after marrieth her A. and D. die this is an estate conveyed for life as an hereditament To grant an annuity of 10 l. joyntly and severally to J. S. in Fee who granteth it to husband and wife to the husband for the life of J. D. to the wife until one of the sons of J. S. accomplish the age of twenty one yeers the husband dieth the wife accepteth this annuity this is an estate made for the wife for a joynture c. A Lease for life is made to the husband the remainder to his wife and J. D. successive for their lives the husband â—elleth trees and dies the wife enters the Vendee cuts the lessor recovers in a Writ of wast and hath execution this is an eviction by lawful action and yet the wife shall not have a Writ of Dower A Lordship by fealty and rent is giveâ— to Baron and fem in tall before marrige for c. the remainder in see a Tenancy escheateth the husband leaseth the Sâ—ignory to A. who recovereth in a Cessavit and dies his heir entert the husband dies this is an eviction by lawful action and the wife shall recover but an estate for life to the value of the Tenancy Tenant in tail of a rent purchaseth the Land out of which c. in tall and giveth into Baron and feme for their lives for c. fifty yeers expire Tenant in tail and the husband die the wife enters theissue bringeth a Formedon of the rent recovereth and is put in execution this is an eviction and the wife shall have it to the value of the rent Land is granted to a feme covert for life for c. he in reversion grants it by Fyne the Conusee brings a scire facias the husband claims Fee and it is found against him whereby judgement is given the husband dies the wife enters the recoverer enters this is not an eviction Tenant after possibility of issue extinct the remainder for life is discised and released to the diseisor who dies his heir gives the Land to husband and wife in tail Tenant for life bringeth a consimili casu and recovers the wife enters this is not an eviction An Infant gives a Park to a feme covert for life without impeachment of waste the remainders of them to two men and the heirs of their bodies the game is destroyed the husband dies the wife enters they bring a Wrie of waste the wife pleadeth Nul waâ—e c. whereby they recover this is a lawful eviction but she shall not have a Writ of error Land of the value of 20 l. per annum is granted to a feme for life rendring 10 l. per annum she marrieth he who hath right recovereth the Land by covin of the husband and hath Execution the husband being Tenant in Tail dies having Land to the value of 10 l. per annum the wife shall have it discharged of the rent lesse for life reversing rent the lessor diseiseth him and makes a feosment the feoffee dies his heir giveth the land to the lessor and his wife in tail for her joynture Tenant for life brings a writ of entry in the post and recovereth and hath execution the husband dies the wife shal have dower and shall recover for life the rent not recovered in value Grandfather father and son the father diseiseth the grandfather and taketh a wife the father surrendreth certain Copy-hold land to the use of himself and his wife and the heirs of the husband the father dies the son enters the grandfather dies the wife shall have this joynture or dowr but not of this land Land is given to husband and wife in tail with warranty they lose and recover in value against him who hath nothing the husband and J. S. being joynt-Tenants agree by deed that after five yeers ended they shall hold in severalty the husband dies within the five yeers the wife hath dower assigned she shall have both Lord and Tenant the Tenant is attainted of Felony and commiteth Treason for which he is attainted the Lord enters and gives the land to the Tenant and his wife for yeers upon condition that if the Lord do not pay 20 l. to the husband and wife at a certain day that they shall have it in tail for the wives joynture and the husband dies before the day the money is not paid this is a joynture and the wife shall not have dower A. enfeoffeth J. R. and B. makes livery to J. S. who taketh a wife land is given to them in special tail for the joynture of the wise they levy a fine J. S. dies a praecipe is brought against B. he disclaims the heir of J. S. enters the wife shall not have joynture nor dower of the land but of other land she shall have dower A rent-charge issuing out of Lands in several Counties and in the hands of several persons is granted to husband for life the remainder to his wife for her life for her joynture the husband dies the Tenant attorns to the wife she shall not have this joynture not dower Land is given to J. S. for life the lessor diseiseth him and giveth the land before Coverture to the wife for life for a joynture a stranger confirmeth her estate with warranty I. S. bringeth a Praecipe and recovereth the wife hath in value the husband and he in reversion make a feofment before the Statute the husband dies this is not an eviction by discontinuance of the joynture and yet she shall recover dower What is a ioynture assured before marriage and what a joynture after marriage A Lordship by fealty and Rent before marriage is granted to Baron and feme for a joynture they marry a Tenancy escheateth the husband enters and dies this is a joynture in the Tenancy assured before marriage J. S. contracts with A. and before marriage concludes with B. that he will recover the Mannor of D. and that this shall be to them in tail for a