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 Iâ—fant makes a Lease for life the Lessee grants his estate over with Warrants the Infant at his full age bringeth 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 devâ—seth his reversion this is a good device A man granâ—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 man holdeth Land in Soccage of a common Lord and he conveys this by fraud to defraud 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 life 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 Execu 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 husband and 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 marrieh another wife and after marrieth her with whom he was contracted he and this wife exchange land which he had in the right of his wife the husband dieth she agreeth to the exchange this is not a joyntuâ—e A windmil is leasâ—d 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 wise and to thesr 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 fraâ—k-marriage for c. I. S. and the deviser die the husband enters and dies the wife enters 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 forsaketh 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 felleth 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 given to Baron and feme in tail before marrige for c. the remainder in fee a Tenancy escheateth the husband leaseth the Seignory to A. who recovereth in a Cessavit and dies his heir enters 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
THE POWER PRACTICE OF Court-Leets With the Manner of Keeping A Court of SURVEY for Mannors Lands and Tenements ALSO Certain Dubious Cases in LAW Opened and Interpreted Published for the Common good of all Both Landlords Tenants and others By Ph. Ag. of Grays Inne Esq LONDON Printed for Samuel Speed at the Rainbow in Fleetstreet 1666. These following Law-books with Variety of others are to be sold by Samuel Speed at the Rainbow in Fleet-street ACtions upon the Case for Deeds viz. Contracts Assumpsits Deceits Nusances Trover and Conversion Delivery of Goods and for other Male-feasance and Mis-feasance by W. Sheppard Esq in Folio Declarations and Pleadings contained in the eleven parts of the Reports of Sir Edward Cooke sometimes Lord chief Justice of England in Folio The Antiquity Authority Uses and Jurisdiction of the Ancient Courts of Leet or view of Frankepledge with an explication of the Oath of Allegiance and the Kings Royal Office of protection annexed by Robert Powel of New-Inne Gent. in Quarto An Abridgement in English of the Cases reported by Sir Francis More Serjeant at Law by W. Hughes of Grayes Inne Esq in Octavo A learned Treatise of Wards and Liveries by the Right Honourable and Learned Sir James Ley in Octavo The ancient and present manner of holding Parliaments in England with their Priviledges by H. Elsynge Esq sometimes Clerk to the Honourable House of Commons in Octavo The Book of Oaths and the several forms thereof both Ancient and Modern in Twelves The Compleat Lawyer Or a Treatise concerning Tenures and Estates in Lands of Inheritance for Life by Sir Will. Noy of Lincolns Inne Attorney-General to King Charles the First in Octavo The Tenants Law a Treatise very useful for Tenants and Farmers of all kinds and all other persons whatsoever by R. T. Gent. in Twelves 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 too 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 whâ—ch 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 usâ—less 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 H. 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 H. 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 fbr Essoins and profers of Suit and Plea which if any be enter them in the Court-Roll and afterwards proceed to impannel and swear the Jury for the Inquest Swear first the Fore-man by himself and then the rest by two or three at a time The Oath is usually the same in substance and not differing much in form from the Oath of the Fore-man to a grand Inquest in Assizes and Sessions and might be omitted but lest the young Tyroes might want it I will in insect the method thereof thus The form of the Oath to the Fore-man of an Inquest at a Court-Leet You shall diligently enquire and true-presentment make of all such matters as shall be given you in charge the councill for the Lord Protector Commonwealth King or other Title of the supream Magistrate as the Law commands your fellows and your own you shall well and truly keep you shall not conceal any thing for favour fear promise or affection nor present any thing for lucre hatred or malice but in all things you shall present the truth the whole truth and nothing but the truth according to your evidence So help you God and by the contents of this Book The Oath of the rest may follow in this manner All such Oath as A. B. your Fore-man hath taken on his part you and every of you shall well and truly take keep and perform So help you God This being done and Proclamation made for every one to keep silence and give attention the Steward is to proceed to give the Charge which is to consist of these particulars The Charge of a Court-Leet consists of two parts one is things there to be enquired of but not punishable there and the other such offences as are three presentable and punishable by Fine Amerciament c. Know then that to avoid needless circumstances we shall briefly tell you that a very proper comparison may be made between the disposure of a Commonwealth and a natural Body as between the Macrocosmus and the Microcosmus The Commonwealth is a Politick Body consisting of a head and members the one subservient to the other in his proper office as the members of the natural body are which maintains a mutual harmony and a flourishing condition in the whole But as the natural body is subject to infirmâ—ties so also is
rent purchaseth the Land out of which c. in tail and giveth into Baron and feme for their lives for c. fifty yeers expire Tenant in tail and the husband die the wife enters the issue 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 diseised 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 Writ of waste the wife pleadeth Nul waste 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 feofment 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 th y 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 wife they levy a fine J S. dies a praeâ—iâ—e 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 accords 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 Joynture B. brings a writ of entry which is returned they marry B. recovers and enters this is a joynture after marriage I. S. leaseth to two for yeers rendring rent and grants the reversion to husband and wife for their lives for a joynture one attorneth before marriage and the other after marriage this is a good joynture before marriage I. S. enfeoffeth I. D. to the use of himself until he marry and after that he marrieth then to the use of her that shall be his wife for her for a joynture this is a joynture after marriage I. S. grants land to a feme for ten years and if he after marry her then she shall have it for her life for a joynture they marry this is a joynture before marriage I. S. in consideration of a marriage to be had betwixt him and A. S. covenanteth that he shall be seised to the use of him and the said A. for their lives they intermarry the deed is inrolled this is a joynture before marriage After affiance between I. S. and A. S. they conclude that a fyne shall be leavied of the Mannor of D for her joynture the concord is acknowledged before the chief Justice they marry and after a writ of Covenant is brought and a fyne leavied this is a joynture after marriage I. S. and A. marry before yeers of consent land is given to them for their lives at the yeers of consent they agree this is a joynture after marriage I. S. makes a deed of feoffment to A. with a letter of Attorney which feofment A. doth express to be to the use of himself and her who shal be his wife for their lives for a joynture they marry the Attorney maketh livery this is a joynture after marriage I S. diseiseth one to the use of A. and B. whom he intends shall marry for a joynture A. and B. enter and after the diseise releaseâ—h to the wife for her joynture this is a joynture after marriage Land is given to A B. and her who shall be his wife for a joynture they marry the wife enters this is a joynture in the moyety which she shall have by survivor and before marriage A. deviseth that his Executor shall give the
If any persons to the number of twelve or above shall make any unlawfull assembly to break any Banks Inclosures Parks Barns Houses and such like and Proclamations be made by the Sheriff or Justice of Peace that they depart and yet if they remain together an hour after such Proclamation is made every such attempt is Felony Also every Copy-holder being a Yeoman Husbandman or Labourer of the age of 18 years and under â—o not sick not having a reasonable excuse and being required by the Justice Sheriff c. to apprehend such riotous persons as aforesaid and refuse shall forefeit his estate during life and his Lord may enter Also the Farmer being a Yeoman and refusing forfeits to his Landlord and he may enter Also it is Felony if any person without compulsion bring send or diliver any Money Ammunition or Victuals to any person assembled in such manner Also the Justice of Peace or other Officer may raise a power to suppress them And if any Officer kill any such Riotous or rebellious persons he shall go free And if any person know of any such pretended rebellion do not openly declare the same within twenty hours next after such knowledge he shall be imprisoned three months without Bayl or Mainprize and also he that hindereth Proclamation that it cannot be made commits Felony If any shall trace in the Snow kill or destroy any Hare or Leveret with dogs or otherwise he shall forfeit 6 s. 8 d. 13 H. 8. cap. 11. If any Jury sworn and charged to enquire concerning these offences do wilfully conceal the same then the Steward hath authority to impannel and charge another Jury to enquire of such concealment And if such concealment be found and presented by the said Jury then every one of the first Jury shal forfeit for every concealment of every offence 20 s. one moyety thereof to the Lord of the Leet the other moyety to any one that wil sue for the same by Action of debt Bill Plaint Suit or Information wherein no wager of Law Essoyn or Protection is to be allowed Provided the Suit be commenced within six months otherwise the offender to be discharged thereof 33 H. 6. 16. Stewards in Leets have power to enquire concerning the erecting of Cottages and maintaining of Inmates and to punish by Distress all offences comitted against the Statute touching Inmates and Cottages 31 Eliz cap. 7. Stewards in Leets have also power to enquire hear and determine all offences touching the making of Malt. 2 Ed. 6.16 Ed. 2.35 Eliz. 7 Stewards in Court-Leets shall enquire of hear and determine al offences committed within their Liberties against the Statute for the preservation of Phesants and Partridges 2â— Eliz. 6.23 Eliz 10. Neverthelesse with a salvo jure to all Corporations and Bodies Politick of all their rights and priviledges to enquire and punish any of the said offences 1 Eliz. 17. 35 Eliz. 7. Articles to be given in charge to Constables and Headboroughs at Leets and Sessions both of Cities Towns and Country Corporations most necessary for the preservation of Peace to which our present scope intends only and this Direction well followed will perfectly conduce thereunto if such a preservative for the health of men can be attained unto under Heaven Therefore I say These ensuing Articles ought specially to be enquired of returned and presented by all Constables Headboroughs Tythingmen Decimers and all sworn officers who are enjoyned by Oath to preserve the Peace in their own persons and in all others as much as in them lies then to discharge their own duties let them diligently observe and prosecute what follows viz. Inprimis They are to enquire and return al such persons as shal continue tipling or drinking in any Innes or Alehouses at any time above the space of an hour and more especially upon the Sabbath-days and such persons as they shall find drunk and also such In-keepers and Alehouse-keepers as shall entertain them 2. They are also to return the Names Sirnames Additions of Names and Qualities of all Popish Recusants as wel hous-keepers as Lodgers dwelling or residing in any of their Parishes Precincts or Liberties 3. The Names of such persons as shall profanely swear or curse with the number of their Oaths or Cursings immediately after the commi ting of such offence 4 Item Such as use victualling or selling Beer or ale without License 5. Such persons as suffer any unlawful Games in their houses backsides or Gardens and also the Names of any that shall play at any of the said Games This is a gaâ—grene and spreading leprosie in this Commonwealth a Vice abhorent to Christianity yet the mores the pitty most favoured by them that should seek to suppress it I mean in plain English the Professors of the Law insomuch that an honest cause shal never have any countenance or defence like one of these and no persons are so much vilified nay a Felon shall have more favor then a lawful Prosecutor I mean an Informer against these Caterpillers Sed tu domine usque quo But nolens volâ—ns yet I hope to see the contrary Mr. Alehouse-keeper will be the best man yet I hope to see the tide run the contrary way if men could but once learn wit enough to know That charity begins at home The Alehouse-keeper knows it very well he 'll be sure to look how the reckoning goes and wise men will keep reckoning at home and not let him keep it for them knowing that two pence a day is above fiâ—ty shillings per annum and out of two pence the Tap-merchant gets a penny Then judge what he gets by all the Flyes he catches in his Web. Certainly did people once consider this the Ale wife would have few Companions better then her self yet now she thinks the best scarce good enough for her though the Causers of it have little thanks for thâ—ir pains when she hath gotten their money it 's seldom but they have a scoff or jeer into the bargain because they should not complain of an unkind Hostess And the worst mischief of all is That men very often insnare themselves to their utter undoing by the Alehouse-keepers and his Cempurgators Evesdropping of their discourse And certainly none but fools will go to game for what is already their own nor no Christian endeavour to come by or enjoy by playing for what is anothers And because the Fort and Fountain of Gamesters is the Alehouse I made this Dâ—gression soberly to advise three sorts of men The one is in general all honest people to wish them if they be not worse then Infidels to avoid the Alehouse for under that notion I conclude the gaming house too knowing them to be inseparable companions And therefore I say again It were well if it were ordained That every Alehouskeeper should have at his door the sign of the Begger for from that spring the Alehousekeeper original comes when he first enters into his order and before he leaves
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 the 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 Leet 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 out-lawed for Felony cannot make a Will but if a man be out-lawed 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 sold 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 seâ—zed 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 under-stone If a man have an annuity to him and his heirs he cannot devise this annuity but if it be an annuity for term of years he may If a husband die having before devised Corn upon his wives land it is good whether it were sown before the Marriage or after What words shall make Fee-simple lands and what not Land given to a man to hold to him and his heirs with Warranty of the land to him and his heirs this is a good Feesimple Land devised to a man by Will by these words To do with it at his pleasure this is a good Fee simple Lands given to a man to hold to him in Fee-simple and livery made to him and his heirs according to the form and effect of the deed it maketh Feesimple Land given to one for term of life and livery and seisin made to him and his heirs according to the form and effect of the Deed this is not Fee-simple A man seized in Fee-simple grants totum statum suum his whole estate Ha bend ' to the grantee and his heirs and maketh livery according to the Deed this is Fee-simple A man leavyeth a Fine sur Connuzance de droit come ceo c. The Conusee that is he to whom the Fine is granted hath Fee-simple Two Coparceners in Fee simple make partition and for equality of partition a Rent is assigned out of one part to the other without any other words the Assigne hath the Fee-simple in the Rent Land is given by Deed the Habendum sibi haeredibus suis vel de corpore suo to him and his heirs or heirs of his body this is not Fee-simple But if the Habendum were sibi haeredibus suis vel suis assignatis to him and his heirs or assignes A man makes a Lease of two acres of Land for life the remainder of one of them without shewing which to a single woman in Fee she taketh a husband and after the Lessee is impleaded in a Praecipe quod reddat of one of the acres and prayeth ayde of the husband and wife as of them in reminder they joyn in aid gratis and cannot bar the demandant whereby he recovereth The husband dies the Lessee dies the Wife hath
the fee-simple in the other acre Tenant in tayl enfeoffeth his brother Recovery is had against him by erroneous Judgment the Tenant in tail hath issue and dieth the issue within age the brother dieth without issue the issue in tail being his heir within age reserveth the Judgment by error and enters he hath fee simple A Lease is made to the husband and wife by Deed pro termino vitae suae Habendum eis pro termino vitae to have to them for term of life of the wife she dieth the husband continues in possession he hath fee-simple A Lease is made to a woman for term of years upon condition that if she have issue within the term that she shal have fee the Lessor and Lessee inter-marry and have issue within the term and the husband dieth the term expireth and the wife continueth in seized of the fee simple Husband and wife Joynt-tenants in tail make a Lease for life the husband dies the fee-simple descends to his son out-living the wife Who have a sole estate in fee-simple that they may devise it and who not A man seized of Land in Fee hath issue a daughter beyond the Seas and after he hath another daughter within the Realm and dies the daughters enter together the younger daughter hath a sole estaâ—e in fee-simple A man is dissolved by two and he releases all his right to one of them in tail he is so seized in Fee simple One Joynt-tenant releaseth to his companion upon coâ—dition the Releasee dieth his heir enters the condition is broken and the Releasor enters clayming the moyty the heir shall not be said to be sole seized Two Coparceners in Fee are impleaded the one of them disclaimeth the other is not sole seâ—zed The Law is otherwise between Joynttenanâ—s A man seizd in fee hath issue two daughters bastards and one daughâ—er legitimate the Bastards enter the daughter legitimate releaseth to one of them she is not sole seized Land is given to a man to have to him together with A. the daughter of the donor in frank marriage after they are divorced causa praecontractus at the suâ—te of the husband the donor dies the daughter is his heir she is sole seized A woman inheritrix hath issue a daughter her husband dies she takes a second husband and hath issue another daughter the husband and wife exchange the Land of the wife for other Land in Fee and after of the wife and husband die the daughters enter inâ—o the Land taken in exchange the younger shall be said to be sole seized A feme sole makes a Feoffment upon condition to be performed on the part of the Feoffee at a certain day before the day they intermary the day incurreâ—h the money not paid the husband is sole seized A Feoffment is made to two and to their proper use and livery seisin is made to one of them accordingly he is not sole seized otherwise if no use had been expressed A Feoffment is made by deed to two with a Letter of Attorney to one of them to deliver seizen and he makes livery to the other accordingly he is not sole seized in Fee-simple Two joynt-Tenants one within age are diseised by the Father of the Infant and the Father dies seized the Infant enters and the other occupieth in Common with him the Infant is sole seized Two joynt-Tenants in Fee the one bargains and sells by Indenture all his part and before the Inrolement the other dies and the Indenture is inrolled within the six months the other moyety shall descend What persons are Coparceners or Tenants in common in Fee-simple and who may devise their parts and who not A man hath two daughters and makes a lease to them for term of their lives the father dies the daughters are seized in Fee in Coparcenary Land is given to a husband and wife and to a third person and to the heirs of the husband and the third person releaseth to the husband and wife and to the heirs of the wife the husband and wife are not joynt-Tenants nor Tenants in common of the Fee-simple but the husband himself is sole seized in Fee A man hath issue two daughters and the elder of them holdeth certain land of the father by 4 d. rent the father dieth the younger sister shal be presently seized with out any partition of 2 d. Two joyn-Tenants by deed make such partition that is that the one of them shall have the one moyety to him and his heirs and the other shall have the other moyety to him and his heirs without any meets or bounds they are not Tenants in common A man makes a Feofment of two acres of Land habendum the one acre to one of them and his heirs 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 reveâ—sion this is not good
by word only and upon their refusal imprison and fyne them If a forceable entry and detainer with force be made upon the possession of a Justice of peace he himself upon the view of it cannot remove the force But if upon a force committed they also assault the Justice himself then he may commit them to prison If one part of a house be in one County and another part in another County and when the Justices come to remove the force before they can arrest them they go into another part of the house which is in another County there they cannot remove the force by this Statute If a man enter the house of another by force and expels the owner thereof to one part or end of the said house and detain the house with force the Justices may remove this force and commit the offendor to prison If the Justices be present upon other business where a forceable entry is made when they are informed thereof before any detainder they cannot arrest them and commit them to prison by this Statute If the Justices come to remove a force and upon an arrest made the offendors escape into another County the Justices cannot arreast them nor commit them to prison by this Statute although it be upon fresh suite If the Justices come to remove a force and the offendors before any arrest make an escape for that time but in the morning they are brought back again before the same Justices to the same place by vertue of their Precept yet they cannot commit them by vertue of this Statute If the Justice come to remove a force and before that they can arrest the offenders they escape from thence upon that the Justices may well record this detainer with force by this Statute If the Sheriff is made Justice of peace and after in the same yeer that he is Sheriff he cometh to the place where the force was he cannot make a Record of this by the Statute If the Justices upon their coming to remove the force make a Record thereof and commit the offendors to prison and although it appeareth by the same Record That it was not a force upon the matter yet no remedy for the party so convicted If the Justices make a Record That they did see where indeed there is no such matter yet the parties cannot traverse it If the Justices come to remove a force and a Rescue is made to the Officers and others there present to remove them they may Record that as well as the force But if the Justices upon view of a force record a Murder Maim or Man slaughter this is no Record by this Statute If the Justices upon a force committed and complaint thereof made make enquiry thereof without going to the place it self where the force was this is also a good enquiry by this Statute But if the Justices upon view of the force make a Record thereof and their Record containeth that the force was made with twenty persons and the inquiry found it but ten persons this enquiry is not good by this Statute If several enquiries be made by several Justices upon a forceable entry every one of them is a good enquiry If the Justices in their inquiry of force present an Inquest by persons not sworn to do it the inquiry maketh mention that they were sworn yet this is a good enquiry But if the enquiry be made under the number of twelve this is not a good enquiry If any of the jurors before whom any such Inquest is taken he attained of a false Oath or in decies tantum or are Ambo-dexters this is not a good enquiry But if there be twelve persons in the jury over and above the persons attainted the inquest is good If it be found by inquest that A. B. was seized until J. D. diseised him with force by this inquiry A. B. shall have restitution If it be found that the father made a lease for years and died the years expired and before any entry made by the son a force is committed the son shall not have restitution by this Statute A man seized of Land hath issue a daughter and dieth his wife great with child of a son the daughter is ousted by force and after the Son is born and all this matter is found by inquest yet the Son shall not have restitution but the daughter shall have it If it be found by several Inquests that a man is ousted with force by several persons at sundry times of one and the same thing each Inquest is good and he may have restitution upon which of them he will but when he hath restitution upon the one then he shall not have restitution upon the other If it be found by several inquiries that is to say by one inquest That J. S. is ousted by force and by another Inquest That J. D is ousted with force and all of one and the same Land there each of them may have restitution by these enquiries If it be found that two joynt-Tenants were ousted by force the one may have restitution upon this enquiry without his companion If it be found that A. B. was seised for the Term of D. and he is ousted with force by E. and that D. is now dead yet A. B. shall have restitution by this enquiry If it be found that the Father was seized until ousted with force and died before any restitution or entry the son shall not have any restitution Likewise if a man be possessed of a lease for years and is ousted thereof with force and dieth before restitution his Executors shall not have restitution by this enquiry A lessee for life the remainder over in fee the lessee is ousted with force and all this matter found by inquisition of the force but he in the remainder shall not have restitution by this enquiry The husband and wife before issue had are ousted with force and then have issue the wife dieth the husband by inquiry shall have restitution If a Lesse for life be ousted with force and the lessor entereth for condition broken and this is found by Inquest yet the lessee shal have restitution by this enquiry The Justices of Peace before inquiry be taken may put the party in possession again without any Writ but noe other Justices can do it without Writ The Justices of the same County the record being before them may award exemption by Writ although they be not the same Justices before whom the inquest was taken but not without the same Record If the Justices who took the inquest be dead before restitution be made yet the Justices having the record may award execution of the same the Judges of the Upper-Bench having the Record removed before them may award Execution by this Statute by Writ but not otherwife If a Tenant of Land payes any rent to a stranger by compulsion of distress taken with force this is a disseisin with force But if a man be disseissed of any
the same punishment as murderers convicted do or at least should do He that will forswear himself as too many now a days make no bones of it oftentimes doth and upon any spleen malice or revenge will take away the estate and life of any one Did not T. S. at Oke-ingham swear against F. W. at Abingdon that he had stollen six cocks of Hay from him worth six shillings and brough his Son and another to do the same when there was not a Hay-cock in the Ground but the said F. W. was deputed lawfully to gather Tythes which the other very wel knew and did take but two or three little Grass cocks valued at three pence which was his right yet the other endeavoured to hang him for it if his Perjury had not appeared too manifestly as well as it hath done since as I shall shortly in another intended Subject fully demonstrate and anatomize the practice in the Court of Oke-ingham besides But I 'll forbear them now because the scope of this is something else to which I 'll proceed Forestallers Regradors and Ingrossers If any Person shall buy or contract for any Merchandize Victuals or any other thing whatsoever in the way by Land or Water before it be brought unto any City Fair or Market where it ought to be sold or shall cause the same to be so brought or shall disswade the people from bringing any such commodity to any such place or being brought shall perswade them to inhance the price thereof shall be adjudged a forestaller Stat. 5. Ed. 6. 14. A Regrador is he that buys any Grain Wine Fish Butter Cheese Candles Tallow Sheep Lambs Calves Swine Pigs Geese Capons Hens Chickens Pidgeons Conies or other dead Victual whatsoever brought to a Fair or Market to be sold there and to sel the same again in the same Fair or Market or in some other Fair or Market within four miles An Ingrosser is he that gets into his hands by buying contract or promise other then by device or Grant any Corn growing in the Fields or other Grain Butter Cheese Fish or o her dead Victuals whatsoever with intent to sell it again The Offendor in any of these Cases shall forfeit for the first offence the value of the goods so bought and two months imprisonment without Bayl for the second offence the double value and six months imprisonment without Bayl and for the third shall forfeit all his goods be set on the Pillory and be imprisoned at the Kings pleasure He that buyeth Grain in any Market for change of Seed shall bring as much hither the same day and sell it according to the present price of Grain on pain to forfeit double the value of the Grain so bought He that buyes any Cattel and sells the same alive within five weeks shall forfeit the double value therof during which time he ought to keep them upon Pasture either had by grant or prescription These Offences shal be divided between the King and the prosecutor Wine without License No person whatsoever not lawfully authorized by License shall sell or utter any Wine by retail to be spent in his or their mansion-house or in any other place in their tenure by any colour craft or engine on pain of 10 l. to be divided between the King and the Prosecutor which suit shall be comenced within a year after the offence committed Stat 7. E. 6. 5 Understand no colour craft nor engine shall evade the penalty of this Statute it is not the pretence of the keeping a free Vintner as they call it nor taking their Wine of a Vintner or other such pretences may serve their turn Of importing Silk or Ribbands c. None shall bring or cause to be brought into England any Silk wrought by it self or other stuff out of England in Riband Laces Girdles Corses Cawls Tissues or points on pain to forfeit the same or the value thereof to be divided between the King and any one that shall seize or sue for the same Stat. 19. H. 7. 21. A general complaint is now made by most nay all Tradesmen that work in Silk of the great damage to the English Manufacture in Silk by reason of the Ribands and wrought Silk brough into this Nation by the French and Dutch and those Forrain Nations to the great hindrance and decay of our English Trade for prevention of which I have the rather quoted this Statute to discover a remedy for my grieved Country-men in this behalf by which they may wright themselves if they look after it Wood. There are such wastes and devastations of Wood and Timber and the growth thereof in this Nation as predicates a sad event and inevitable calamity ensuing if it be not timely prevented though I am half afraid it is too late already but hope better and do hereby invite all lovers of their countries good effectually to put in practice all such Laws and Statutes as are ordained for the preservation of Wood and Timber as here they follow Statute 35 H. 8 17. There shall be left unfelled in every acre of Copice or Under wood which shall be felled at twenty four yeers growths or under twelve Standils of Oak or if there be not so many Oaks the number shall be made up of Elm Ash Asp or Beech which Standils shall not be felled until they bear ten inches square within thre foot of the ground on pain that the owner of the Wood shall forfeit for every Standil nor so left 3 s. 4 d and for every Standil left and afterwards cut down before he come to that bigness as aforesaid 3 s. 4 d. the forfeitures to be divided between the King and the Prosecutor None shall convert into tillage or pasture any Underwood or Copice containing two acres or above and being two furlongs distant from the house of the Owner thereof or from the house whereunto such wood doth belong on pain to forfeit 40 s for every acre so converted it were well if this were carefully looked after But the owner of any such Copice or Under wood may fell Standils for his own use for building or repairing c. notwithstanding this Act. The Lord of the Soyl shal not fell or cut down any Wood or Copice wherein others have Common except it be to his own use before he and the Commoners shall agree in the setting out a fourth part thereof to be imployed to the use of the Lord and in case they cannot agree thereupon two Justices of Peace appointed by the Sessions shall have power to call before them twelve of the Commoners and Inhabitants and with the consent of the Lord and them shall set out a fourth part thereof to be inclosed by the Lord within one month after and then to be felled at his pleasure being subject to the same Laws and penalties upon breach thereof as other Copices before mentioned are and if any Beast be suffered to come into such fourth part within seven yeers after it