right to present is called patron Age prier AGe prier is wheÌ„ an accion is brought against an infant of lands that hee hath by discent there he shal shewe the matter to the court shall pray that the action shal abide til his ful age of one and twenty yeres and so by awarde of the court the suit shal surcesse But in a writte of Dower in Assise also in such actions where the infaÌ„t coÌ„meth in of his own wroÌ„g he shal not haue his age Also note well y â— there be many diuersities of ages for y â— Lord shal haue ayde of his tenant in socage for to marye hys doughter when y â— doughter of the lord is of thage of vii yeres and also aide for to make his sonne heire knight when hée is of the age of seuen yeres Also a womaÌ„ which is maryed at the age of ix yeres yf her husband die seysed shal haue dower not before nine yeres Also xiiij yeres is y â— age of a womaÌ„ y â— she shal not be in ward if she were of such age at y â— time of the death of her auÌ„cester but if she were w tin y â— age of xiiii yeares and in ward of y e lord theÌ„ she shal be in ward til y â— age of 16. yers also xxj yeres is the age of y â— heire male to â—ée in warde and after y â— out of warde also it is y â— age of male and female to sue to be sued of lands which they haue or clayme by discent to make al maner of contractes bargaines and not before But if such an infaunt w t the age of xxj yeres geue his goods the donee take them hee may haue an action of trespas but otherwise it is if hee delyuer them him selfe Agreement A GréemeÌ„t is after this sorte defined or expouÌ„ded in master PlowdeÌ„s ComeÌ„taries AggreamentuÌ„ is a worde compounded of two wordes namely of Aggregatio and Mentium that is to say agremeÌ„t of minds so that agréement is a consente of myndes in some thinge done or to bee done and by drawinge together of the ij words Aggregatio meÌ„tiuÌ„ by the hasty short pronouncing of theÌ„ they be made one woorde to wit AggreameÌ„t ' which is no other thing then a ioining putting cuppling knitting together of ij or moe mindes in any thinge done or to bée don Sée after in Testament And this agréement is in iij. maners The j. is an agrement executed al ready at y â— beginning The second is an agreement after an act done by an other and is an agreement executed also The third is an agremeÌ„t executorie or to be don in time yet to come The first which is an agreement executed already at y â— beginning is such wher of mencion is made in y â— stat of 25. E. 3. cap. 3. of clothes in y â— iiij statute which saith that y â— goods things bought by forestallers beinge therof attainted shalbée forfait to the Queene if the huyer haue therfore made gree with the seller in which case this woorde Gree which is otherwise called agrement shal be vnderstood agremeÌ„t executed y â— is paiment for y â— things The secoÌ„dmaner of agrement is where one doth a thing or act and an other agrees or assentes thereto afterward as if one doe a disseisin to my vse and after I agree to it nowe I shal be a disseisour from the beginning such agréement is an agréemeÌ„t after an act don The iij. agremeÌ„t is wheÌ„ both parties at one tyme are agreed that such a thing shal be done in time to come and this agréement is executory in as much as the thing shal be done after and yet there their â—â—indes agreed at one tyms but because the perfourmance shal be afterwarde and so the thinge vppon which the agreemeÌ„t was made remaynes to be done y â— agréemeÌ„t shal be said executory And y â— the statute of 26. H. 8. cap. 3. doth prooue where it saith that euery vicar person such like c. before their actual possession or medling w t the profits of their benifice shal satisfie content c. or agree to pay to the vse of the Quéene the first fruits c. and if any such person vicar c. enter in actual possessioÌ„ c. this agrement is to be vnderstoode executory as y â— coÌ„mon vse prooues for it is vsed y â— he w t one or ij w t him doe make two or thrée obligations for it to bée payed at certeine dayes after And this agréement executorye is denided in ij pointes One is an agréement executory which is certein at the beginninge as is sayed laste béefore of the first fruits The other is where y â— certentye doth not appeare at the first and y â— parties are agréed y â— the thinge shal be performed or payed vppon the certenty knowen As if one sell to an other al hys wheat in such a tasse in his barne â—nthreshed it is agréed betwene theÌ„ y â— he shal pay for euery bushel xij d. when it is threshed cleaned measured Aide AIde is when tenaunt for terme of life tenaÌ„t in dower tenant by curtesie or tenant in tayle after possibilitie of issue extinct is impleded then for that y â— they haue noe estate but for terme of lyfe they shal pray in aid of him in the reuersion proces shalbée made by writ against him to coÌ„e and plede with the tenaÌ„t in the defence of the land if he wil but it behoueth that they agree in plee for if they vary the plée of the tenaÌ„t shal be taken and then the aide prayer is voide but if hee come not at the second writte then the tenant shal aunswere sole Also tenaunt for terme of yeares tenaunt at wil tenaunt by Elegit and tenaunt by statute merchaunt shall haue aide of him in the reuersion theseruant and baylie of their mayster when they haue done any thing lawfully in the right of their maister shal haue aide Ayde of the Kynge is in lyke case as it is sayed béefore of a common personne and also in manye other cases where the king may haue losse although that the tenaunt be tenaunt in fee simple hée shal haue aide as if a rent bée demaunded against the kynges tenant which holdeth in chiefe he shall haue aide and so hée shall not haue of a common person Also where a Citie or borough hath a fee ferme of the kinge any thinge bée demaunded agaynst them which béelongeth to the fée ferme they shal haue ayde for the losse of the king Also a man shall haue ayde of the kynge in the stéede of voucher Also the kynges Bailife the collector and purueyour shall haue ayde of the kinge as well as the officers of other persons Alien ALien is he whose father him selfe were both borne out of the Quéenes legeance and if such an
father brother cosin or other man that he wolde appoint should take it if it were a house of Monkes and if hée were founder of a house of Nuns or women theÌ„ the same for his mother Sister Cosin or other woman that hée would direct thither And alwaies this was prouided for that hée that had Corody in a house of Monkes might not seÌ„d a woman to take it Nor where Corody was due in a Nunry there it was not lawful to appoint a man to receiue y â— same for in both cases such presentation was to bée reiected And this Corody was due as well to a coÌ„mon person y â— was foundor as where the kinge him selfe was foundor But where the house was holden in frankalmoign there the tenure itselfe was a discharge of Corody against al menne Except it were afterward charged voluntaryly as when the kinge woulde send his writ to the Abbey for a Corody for such a one whoÌ„ they admitt there the house should be charged for euer whether the kynge were foundor or not Crowner CRowner is an auncient officer of trust and of great aucthoritie ordayned to be a principal conseruator or kéeper of the peace to beare recorde of the pleas of the Crowne and of his owne sight and of diuers other things many in number c. But at this day either y e aucthoritie of the Coroner is not so great as in fore tyme it was whereby the office is not had in like estimation Or els the Shirife and those y â— haue aucthoritie to choose the Coroner are not so careful as they should be in their election therefore it is nowe almost come agayne into that plight that it was in king Edward the firsts daies when this statute followinge was made Forasmuch as meane menne and vndiscréete nowe of late are commonly chosen to the office of Coroner where it is requisite that wyse men lawfull and able should occupie such offices It is prouided that through all Shires sufficient mâ—n shoulde bee chosen to bée coroners out of the most wyse and discréetest knightes c. And although the letter of this statute be not precisely obserued yet at the least the entend should be followed as nigh as might bée that for the default of knights GeÌ„tlemen furnished with such qualities as the statute setteth downe of whych sort there bee many might be chosen with this addicioÌ„ that they be vertuous good knowne Christians Corporation COrporation is a permanent thing y â— may haue succession And is an assembly and ioining together of many into one fellowshipp brother hoode and minde whereof one is hedde chéefe the rest are the body this hedde body knitte together make the corporation And of corporatyons some are called spiritual and some temporal and of those that are spiritual some are corporations of dead persons in lawe and some otherwise and some are by aucthoritie of the kynge onely and some haue byn of a mixt aucthoritie and of those that are temporal some are by aucthoritie of the kynge also and some by the common lawe of the Realme Corporation spiritual and of deade persons in lawe is where the corporation consisteth of an Abbot and Couent and these had beginninge of the kinge and the man of Roome when he had to doe here Corporation spiritual and of able persons in lawe is where the corporation consisteth of a Deane and chapter and his corporation had béeginninge of the Kynge onely Corporation Temporal by the king is where there is a maier and coÌ„minalty Corporation Temporal by aucthoritie of the coÌ„mon law is the asseÌ„ble in parliament which coÌ„sisteth of the Quéene the hedde of the corporation and of the Lordes spiritual and temporal and the comons of y e realme y â— body of y â— corporation Bodies politike BOdies politike are Bishops Abbots Priors Deans persoÌ„ of a church and such like which haue succession Corruption of Blodde COrruption of blodde is when the father is attaynted of felonye or treason then his blode is sayed to be corrupt by meanes wherof his children cannot bée heires to him nor to any other auÌ„cestour And if hee were a noble man or gentlemanne before hee and al his chyldren thereby are made vnnoble vngentle hauinge regarde to the nobilitie or gentrye that they clayme by their father which cannot bée made hole againe without aucthority of parliament Couenant COuenaunt is an agréement had béewéene two personnes where euery of them is bounden to the other to parfourme certeyne couenauntes for hys parte Couerture COuerture is when a man a woman ar maried together Nowe the tyme of the contynuaunce of this mariage betwene them is called couerture and the wife is called a woman couert Couin COuin is a secret assent determined in the hartes of ij or more to the preiudice of any other As if tenaunt for terme of life wil secretly coÌ„spire with an other that y â— other shal recouer against the tenaunt for lyfe the lande whiche hée holdeth c. in preiudice of him in the reuersion Counterplea COunterplee is where one bringeth an actyon and the tenaunt in his aunswere and plee voucheth or calleth for any manne to warraunt his title or praieth in aide of an other which hath better estate then hée as of hym that is in the reuersion or if one that is a straunger to the action come and pray to bee resceyued to saue his estate if the demaundaunt reply thereto and shew cause that he ought not to vouche such one or that hée ought not of such one to haue ayde or that such one ought not to bée resceyued this plée is called a counterplée Cinque portes CInque portes be certein hauen townes fiue in number to which haue bene longe since graunted manye libertyes that other porte Townes haue not and that first in the time of king Edward called y â— coÌ„fessor who was before y â— coÌ„quest hath beÌ„ encreased since chiefly in y e dates of y e ij Edwards the first second since y â— conquest as appereth in the booke of Domesday other olde monuments which in this worke beinge to longe to cite I meane bro. N. to omit set you here downe y â— copy of an auncient record in freÌ„ch which y e worship full our louing and very good father master Iohn Tvvine of Caunterbury gaue me out of his booke called W. Biholt sometime a monck of y â— abbey of Saynt Augustines wherein you shal learne which were auÌ„cieÌ„tly accoÌ„pted y â— v. ports their memberz what seruices they ow where their court ought to be kept before whom and of what matters they may hold plee w t such like worthy to be knowen thereby you shal perceiue also y â— y e olde rude verse doth falsely name y e v. ports in reckninge them vp after this sort Douer Sandwicus Rye RuÌ„ney Frigmareuentus Douer Sandwich Rie Rumney Wichelsey which is meÌ„thy FrigmareueÌ„tus c. which recorde
sue any accyon in the Quéens court if he remaine excommunicate xl daies wil not be iustified by his Ordinarie then the Bishoppe shall sende hys letter patent to the Chauncellour and thereupon it shal be commaunded to the sheriffe to take the body of hym y â— is accursed by a writte called de Excommunicato capiendo til hée hath made agréement wyth the Church for the contempt and wronge and when hée is iustified and hath made gréement then the bishop shal send his letters to y â— Quéene certifiyng the same and then it shal be commaunded to the shirife to deuer him by a writ called Excommunicato deliberando Exchange EXchaunge is where a man is seysed of certaine land and an other manne is seysed of other lande if they by a déede indented or without déede if the Landes be in one selfe countie exchaunge the landes so that euery of them shal haue others landes to hym so exchaunged in fée fée tayle or for terme of lyfe that is called an exchaunge and it is good wythout lyuere and seysin And in exchaunge it behoueth that the estates to them limitted by thexchange be equal for if one haue an estate in fée in hys land and the other hath estate in the other land but for terme of lyfe or in tayle then such eschaunge is void but if y e estates bée equal and the landes bee not of equal value yet the exchange is good Also an exchange of rent for Landes is good soe an exchaunge beetwene rent and common is good and that ought to bée by déede And it béehoueth alway that these woordes exchaunge bée in the deede or els nothing passeth by the déede except that hée haue liuery and seisin Execution EXecutioÌ„ is where iugement is geuen in any actyon that the playntife shal recouer the land the debt or dammages as the case is and wheÌ„ y t writ is awarded to pute him in possession that is called a writte of Executyon and when he hath the possession of the lande or is payed of the debt or dammages or hath the bodie of the defendant awarded to prison then hée hath executyon and if the plée be in the countie or court barron or hundred and they deferre the iudgement in fauoure of the partie or for other cause then the demaundaunt shal haue a writ of Executione iuditij But in a writ of Debt a man shal not haue recouerye of any lande but of that whiche the defendaunt hath the day of the iugement yelded And of chattelles a manne shall haue executyon onelye of the chattelles which hée hath the day of executyon sued Executour EXecutour is when a man maketh his testament and last will and therein nameth the personne that shall execute his testament then hée that is so named is hys executour and such an executour shall haue an actyon agaynst euerye debtour of hys testatour and if the executors haue assets euery one to whoÌ„ the testator was in debt shall haue an action against the executor if hée haue an obligatioÌ„ or specialtie but in euery case where y â— testator might wage his lawe no actioÌ„ lieth against the executour Extinguishment EXtynguishement is where a Lorde of a manor or any other hath a rent goynge out of lande and hee purchaseth the same lande soe that hée hath such estate in the lande as hée hath in the rent then the rent is extinct for that that a manne may not haue rent goinge out of hys owne lande And when any rent shalbée extinct it behoueth that the lande and the rent bée in one hande and also that the estate that hee hath bée not defesible and that hée haue as good estate in the lande as in the rent for yf hée haue estate in the lande but for terme of lyfe or yeares and hath a fée simple in the rent then the rent is not extinct but is in suspence for that tyme and then after the terme the rent is reuiued Also if there bée Lorde mesne and tenaunt and the Lorde purchaseth the tenauncy then the menaltie is extinct but that mesne shall haue the surplusage of the rent if there bée any as a rent secke Also if a manne haue a hye waye appendant and after purchase the lande wherein the hye way is then the waye is extinct and soe it is of a common appendaunt Extortion EXtortion is a wronge don by an officer as a Maier Bailife Sherife Eschetor or other offycer by colour of hys office in takinge excessiue reward or fée for executyon of hys sayde office or otherwyse and is no other thynge in déede then playne robbery or rather more odius then robbery for robbery is apparant and alwaies hath wyth it the countenance of vice but extortion being as great a vice as robbery is carrieth w t it a countenance of vertue by meanes whereof it is the more hard to be tryed or dyscerned and therefore the more odious and yet some there bee that will not sticke to stretch their office credit and conscieÌ„ce to purchase mony as well by extortion as otherwise according to y â— saying of y e poet Uirgil What can be told or what is that that huÌ„ger swéete of gold doth not constraine men mortal to attempt Failing of record FAilynge of recorde is when an action of trespas or such like is brought against one and the defendaunt sayeth that the plaintife before this brought an accyon for the same trespas in an other court recouered damage c. And demauÌ„deth iudgmeÌ„t of the court if he shall agayne haue this actioÌ„ c. And y â— plaintife sayth there is â—oâ— such record WhereupoÌ„ y â— defendant hath a day giueÌ„ him to bring in the record at which day hee fayleth or bryngeth in such a one as is nor barre to this action theÌ„ he is said to faile of hys record and therupon the plaintife shal haue iudgment to recouer c. Deede DEode is a proofe and testimonie of the agréement of the partye whose déede it is to the thing contayned in the déede as a déed of feoffement is a proofe of the liuery of seysin for y e land passeth by the liuery of seysin but when y â— déede and the liuery are ioyned together that is a proofe of the liuery and that the feoffour is content that the feoffée shal haue the land And note that al déedes are either indeÌ„ted wherof there bée two thrée or more as the case requireth of which y e feoffour grauntor or lessour hath one the feofrée graÌ„tee or lessee an other and peraduenture some other body also another c. or els they are poll deedes or single and but one which the feoffée grauntée or lessée hath c. And euery deede consisteth of thrée pryncipal points and if those thrée be not ioyned together it is noe perfect déed to bynd the parties namely writinge sealing and deliuery The first point is writing wherby is shelved y â— parties names to the déed
very troublesome and therefore nowe for the most part that way is altered and they vse to leuy the same by the yarde or Acre or other measure of lande By meanes whereof it is nowe lesse troublesome and more certen then before it was And euery Towne and coūtrey doe knowe what summe is to be payed amonge them and howe the same shal be raysed Wée read that Moyses was the first that did number the people for he nūbred the Israelits and therefore the first taxe subsidy tribute or fiftéene was inuented by him amonge the Hebrues as Polidore Uirgil doth thinke Regrator REgrator is hée that hath corne vittailes or other thinges sufficient for his owne necessary néede occupation or spendinge and doth neuerthelesse engrosse and buy vppe into hys handes more Corne vittailes or other such thinges to the entent to sell the same againe at a highe rand déerer price in faires marketes or such like places Reioynder REioynder is when the defendant maketh aunswere to the Replication of the plaintyfe And euery Reioynder ought to haue these ii properties specially that is to say it ought to bee a sufficient aunswere to the Replication also to followe and enforce the matter of the barre Reliefe REliefe is sometimes a certen some of money that the heire shall pay to the Lord of whō those landes are holden which after the discease of his auncestour are to him dyscended as next heire sometymes it is the payment of an other thinge and not money And therefore reliefe is not certen and a like for all tenures but euery sundry tenure hath for the most part hys speciall reliefe certayne in it selfe Neyther is it to bée payed alwayes at a certen age but varyeth therein also acording to the tenure As if the tenaunt had landes holden by knyghtes seruics except great Sergeantie and die his heire being of full age and helde his lands by the seruice of a whole knightes fée the Lord of whome that lands are soe holden shal haue of the heire 100. s. in the name of relyefe And if he helde by lesse then a knightes fée hee shal pay lesse and if more then more hauinge respect alwaies to the rate for euery knightes fée an hundred shillinges And if hée helde by graunde serieantie which is alwayes of the Quéene and is also knightes seruice then the relyefe shalbée the value of the lande by the yeare besides al charges issuinge out of the same Reliefe that the lorde shal haue for lands holdē in Socage is soe much more as the rent that the tenaunt holdeth his lande in Socage by as if hee holde by a penye rent and die the lorde shal haue that peny rent and a peny ouer for reliefe of what age soeuer the tenaunt be at the death of his auncestour And note that insome cases the lord shal haue his reliefe immediatly after the death of his tenaunt if it soe be that the tyme of the yeare wil suffre the same to be gotten as money corne flesh fish spices or any such like and for default of payement the lorde maye therefore of cōmon right presently distraine But in some cases the Lorde must stay for his reliefe a certen time when necessitie soe constraineth As if the tenāt helde by a rose a chery a strawbery or such like die in winter he shal not haue reliefe til roses cheries and strawberies are naturally fresh and ripe which is about midsomer then he shal haue one for rent an other for reliefe There is an other kind of reliefe that is payd after the death change or alienation of fréeholders that hold in auncient demesne and otherwise is paied as a knowledge of the tenure betwene y e lord and the tenant The same is not certein how much But doth vary according to y e custome of the mannour or tenure and is to be presented by the homage or sutours at the next court day of the same maner And note that alwaies when the reliefe is due it must bee payed at one whole payment and not by partes although that the rent bée to be payed at seueral festes Remainder REmaynder of lande is the lande that shal remaine after the particuler estate determined As if one graunt lanoe for terme of yeres or for lyfe the remaynder to I. S. that is to saye that when the lease for yeares is determined or lessée for life is dead that then y ◠land shal remaine shal be or abide with to or in I. S. Replication REplication is when y ◠defendaunt in any action maketh an aūswere and the plaintife maketh an aunswere to that that is called the replicatiō of the plaintife Reprises ▪ REprises are deductions payments and dueties that goe yearely and are payed out of a manour As rent charge rent secke pentions corodies annuities such like Resceipt REsceit is when an action is brought agaynst the tenaunt for terme of life or tenaunt for terme of yeres and he in the reuersion commeth in and praieth to be receiued to defende the land and to plede wyth the demaundaunt And when hée commeth it behoueth that hée bée alway redy to plede with the demaundant Reseruation REseruation is taken diuers waies hath diuers natures as some times by way of exception to kéepe that which a mā had before in him as if a lease bee made for yeares of ground reseruing y e great trées growing vpon the same nowe y e lessée may not meddle w t thē nor w t any thing y t commeth by reason of thē so longe as it abideth in or vpon the trées as mast of Oke Chestnut Aples or such like but if they fall from the trées to the ground then they are in right the lessées for y ◠ground is set to him and al theruppon not reserued c. Sometimes a reseruation doth get and bringe forth an other thynge which was not before As if a m◠lease his lāds reseruing yerely for y e sāe xx li. c. and diuers other such reseruatiōs thereby And note y e in auncient time their reseruations were as wel or for the more part in victualles whether flesh fish corne bread drink or what els as in mony vntill at the last and that chiefely in the raigne of kinge Henry the first by agrement y ◠reseruation of victuals was changed into ready money as it hath hither so since continued Retraxit REtraxit is the preterperfectēce of Retraho compound of Re and Traho which make Retraho to pull backe and is when the party plaintife or demaundant commeth in proper person into the court where his plea is and sayth that hée wil not procéede any farder in the same c. Now this shal be a barre to the accion for euer Reeue REeue is an officer but more knowen in auncient tyme then at thys day for almost euery manour had then a Réeue and yet styll in many coppy hold manners where the old custome any thing preuayleth
in liberum maritagium bée al vtterly voyd so that y â— tenure shalbée intended after the tenure in the common taile And note wel that the gift in franke mariage hath a condition annexed to it notwithstanding that it be not openly declared in the déede of the gift as it appereth by the statut of westinÌ„ second ca. primo de Donis coÌ„dicionalibus And note wel that a manne shall not géeue landes nor tenementes in frankemariage but where the womanne is priuie of bloud to the donour â— else the mâ—â—â—e nor the womaÌ„ shal haue no other estate by the feoffement but for term of life Frank almoigne To holde in franke almoigne is to hold landes or tenements for to serue Godde and holye Church to endow without doynge any other manner of seruice And note well that in thys case the donor is mosne and oughtto acquite him fréely against the chiefe Lorde and also they that holde in frankealmoigne shall doe no fealtie but they that hold in franke mariage shall do fealtie Elegit To hold by Elegit is where a manne hath recouered debt or dammage by a writ against another or by confessyon or in other manner hée shal haue within the yere against hym a writte Judicial called Elegit to haue execution of the halfe of al his laÌ„ds and cattels except oxen and bestes of the plowe tyll the debt or dammages hée vtterly leuied or payed to him duringe the terme hée is tenant by Elegit And note wel if hee bée put out within y e terme he shall haue assyse of nouell disseysin and after a redisseisin if néede be and thys is géeuen by the statut of Westminster 2. ca. 18. and also by the equity of the same statute he that hath his estate if hée bée put out shall haue assise and a redisseisin if néede be and also if hée make his executours and dye and his executours enter and after be put out they shall haue by the equity of the same statute such action as hée hym selfe before said but if he be put out after make hys executours and dye his executours may enter and if they be stopped of their entre they shall haue a writte of trespas vpon their matter and case And note well if hée do wast in al the lande or parcell the other shall haue against him immediatly a writte Judicyall out of the first recorde called a venire facias ad computanduÌ„ by which it shalbée inquired if hée haue leuied all the money or parcel and if he haue not leuied theÌ„ money then it shal be in quired to how much the wast amounteth and if the wast amount but to parcel then asmuch of y e mony as y e wast amouÌ„teth shalbée abridged of y â— foresaid money which was to be leuied But if he haue done more wast then the foresaid summe of money which was to be leuied amounteth the other shall bée discharged by and by of all the said money and shal recouer the land and for the superfluity of y â— wa st made aboue that that amounteth to the sayde summe hée shal recouer his daÌ„mages single and the same lawe is of hys executours also of him that hath his estate And note that if hée alien in fée or for terme of life or in tayle all or parcell of the laÌ„d which he holdeth by Elegit if y â— alienation bée made w tin the terme or after hée which hath right shalhaue against hi one assise of nouel disâ—cisine And they both must be put in the auâ—se the alienor and the alienée and notwythstandinge that the alienour die preseÌ„tly yet he which hath right shal haue an assise against the alienée alone as if the alienour had bene a playne tenant for terme of yeres and that is by the equitie of the statut of W. 2. cap. 25. for that that he hath not but a chattel in effect and the same law is of his executours and of him which hath hys estate as is aforesaid And note wel that in an Elegit if the shirife retorne y â— he had nothinge y â— day of there conusance made but y â— he purchased lands after the tyme then the partye plaintife shal haue a newe writto haue execution thereof the same lawe is of a statute merchaunt And note wel that after a fiery facias a maÌ„ may haue the Elegit but not contrary wise for soe much y â— the Elegit is of more higher nature then thefieri facias And note wel that if a man recouer by a writte of debt and sueth a fieri facias and the shirife retourne that the party hath nothig where of hee maye make grée with the party then the plaintife shal haue a capi as sicut alias and a pluries and if the shirife retourne at the capias mitto vobis corpus and hée haue nothinge whereof hée may make grée to y â— party he shalbée sent to the prison of the Fléet there shal abide tyll hée haue made agrement w t the party if y â— shirife retourne non est inuentus then there shall goe forth an exigent against hym And note wel y â— in a writ of debt brought against a personne of holy church which hath nothinge of lay fée y â— shirife retourneth y â— he hath nought by which he may be summo ned then shall the plaintife sue a writ to the Bishop that hée make hys clerke to come and the bishop shal make hym â—o come by sequestration of y â— church And note wel y â— if a man bringe a writ of debt recouer make his executors dieth they shal haue executioÌ„ not w tstanding y â— it be within y â— yere by a fieri facias Statut merchant 6 To holde by Statute merchaunt is where a man knowlegeth to pay certayne money to another at a certaine day before the maior bailife or other wardeÌ„ of any town y t hath power to make execution of the same statute if y e obligée pay not y â— debt at y e day nothing of his goods lands or tenementes may be found within the warde of the maior or warden béefore saied but in other places without theÌ„ y e reconisée shal sue the reconisaunce obligatioÌ„ w t a certification to the chauncery vnder the kinges seale he shal haue out of the chauÌ„ cery a capias to y e shirife of y e couÌ„ty where he is to take him to put hym in prison if hée bée not a clarke til hée bée not a clarke til hée haue made gréement of y e debt And one quarter of the yere after that that hée shalbée taken hée shall haue his laÌ„d deliuered to himselfe to make gree to y e party of the debt he may selit while he is in prison and his sale shal be good law ful And if he do not grée w tin a quarter of a yere or if it be retourned that he be not
I. S. by his wil all hys lands and tenementes here not onely all those landes y â— he hath in poss doe passe but also those that he hath the reuersion of by vertue of these wordes tenements â–ª 〈…〉 â—e deuiâ—ed to a man to haue to him for euermore or to haue to hiÌ„ his assignes in these ii cases y e deuisée shal haue a fée sâ—ple But if it be geuen by feoffement in such maner hée hath but an estate for terme of life Also if a man deuyse his land to an other to giue sel or doe therwith at his pleasure or wyll this is fée simple A deuise made to one to his heires males doth make an estate taile but if such words be put in a déede of feoffement it shalbée taken in fée simple because it doth it doth not appere of what bodye the heires males shal be begotten If lands be gyuen by déede to I. S. and to the heires males of his body c. whoe hath issue a daughter whoe hath issue a sonne and dieth there the land shall returne to the donour and the sonne of the daughter shall not haue it because hée cannot conuey himself by heires males for his mother is a let thereto But otherwise it is of such a deuise for there y e son of y e daughter shall haue it rather theÌ„ y â— wil shal be voyd If one deuise to an infant in his mothers belly it is a good deuise otherwyse it is by feoffement graunt or gift for in those cases there ought to be one of hability to take presently or otherwise it is voide A deuise made in fee simple without expresse wordes of heires is good in fee simple But if a deuise be to I. N. hée shall haue the land but for terme of life for those words wil cary noe gerater estate If one wil y â— his sonne I. shal haue his land after the death of his wife here the wife of the deuisour shal haue the lande first for terme of her life Soe likewise if a man deuise his goodes to his wife and that after the decease of his wife his sonne and heire shal haue the house where y â— goods are there the sonne shal not haue the house during the life of the wife for it doth appere y â— his inteÌ„t was that his wife should haue the house also for terme of her lyfe notwithstandiÌ„g it were not deuised to her by expresse words If a deuise be to I. N. and to y â— heires females of his body begotten after the deuisée hath issue a sonne and a daughter and dieth here y e daughter shal haue the land not the sonne yet he is the most worthy persoÌ„ and heire to his father but because the wyll of the dead is that the daughter should haue itlawe and conscience wil so also And herein the very hethens were precyse as appereth by these verses of Octauius Augustus whych Donatus reporteth he made after that Uirgil at hys death gaue commaundement that hys bookes shoulde bée burnt béecause they were vnperfite and yet some perswaded that they shoulde bée saued as in deede they very happely were to whom hée auÌ„swered thus But faith of lawes must nedes be kept and what last wil doth say what it doth coÌ„mauÌ„d be done y â— néedes we must obey Discent DIscent is in ij sorts eyther linial or collateral Linial discent is wheÌ„ the discent is conueied in y â— same line of the whole bloode as Grandfather father sonne sonns soÌ„ne so downwarde Collateral discent is out in an other braunch from aboue of y â— who le bloode as the graund fathers bro. fathers brother soe downewarde Disclaimer DIsclaimer is where the Lorde dystraineth his tenaunt and hée sueth a repleuin the lord auoweth the takinge by reason that he holdeth of him if the tenaunt say that hée dysclaimeth to holde of him this is called a dysclaimer and if y â— lorde thereuppon bringe a writ of right sur dysclaimer it be founde against the tenant he shal lose the land Tithes TIthes are in thrée sortes deuyded to wit Preiudicial tithes Parsonal tythes and Mixt tithes Predial tithes are tithes that bée payed of thinges that come of the grouÌ„d onely as Corne Haye fruits of Trées such like Parsonal tythes are tithes that bee payed of such profits as come by the labour and industrie of a mans person as by buyinge sellinge gaines of marchandise and of handicraftes men laborers and such as woorke for hyer as Carpenters Masons and such like Myxt tythes are the tithes of Calues Lambs Pigges and such lyke that encrease partlye of the grounde that they be fedde vppon and partlie Disseisin vppon disseisin DIsseisin vppon disseysin is when the disseisor is disseised by an other Disseisor and disseisee DIsseysoure â–ª is hée which putteth anye manne out of his lande without order of y â— lawe disseisee is hée that is so put out Distresse DIstresse is the thinge which is taken dystrayned vpon any lande for rent beehinde or other duty or for hurt don although that the propertie of the thinge béelongeth to a straunger but if they be beasts that belong to a stranger it behoueth that they bée leuant and couchant vppon the same ground y â— is to say that the beasts haue ben vpon y â— ground by certaine space y â— they haue themselfe well rested there or els they bée not distrainable And if one distraine for rent or other thynge without cause lawfull then the party gréeued shall haue a repleuin vppon suertie found to pursue his accion and shal haue y â— distresse to hym deliuered againe But there bée diuers thinges which bée not distrainable y â— is to say an other mans gowne in the house of a tayler or cloth in the house of a fuller sheremaÌ„ or weyuer for that that they be commen artificers and that the coÌ„mon presuÌ„ption is that such thinges belong not to the artificer but to other persons which put them there to be wrought Also vitaile is not distrainable nor corne in sheues but if they be in a carte for that that a distresse ought to bée alway of such thynges wherof the sherife may make Repleuin and deliuer againe in as good case as it was at the time of the taking A manne may dystrayne for homage fealtie and escuage other seruyces for fynes and amercements which bée assessed in a léete but not in a court baron and also for dammage fesaunt that is to say when hée findeth the beastes or goods of an other doing hurt or cumbringe hys grouÌ„d But a man may not distraine for any reÌ„t or thing due for any laÌ„d but vpon the same lande y t is charged therewith but in case where I coÌ„e to distraine the other séeing my purpose chaseth the beastes or bereth the thing out to the intent y â— I shal not take it for a distresse vpon the ground theÌ„ I
vntyll at the last and that chiefely in the time of Kinge Henry the first by agréement the reseruation of victuals was turned into redy mony so hitherto hath coÌ„tinued amonge most men Fee farme FEe farme is when a tenaunt holdeth of his lorde in fee simple payinge to him the value of halfe or of the third or of the fowerth part or of other part of the lande by the yere And he that holdeth by fée ferme ought to doe noe other thinge then is conteyned in the feoffement but onely fealtie for that belongeth to al kinde of tenures Feoffement FEoffement is where a maÌ„ geueth lands to an other in fee simple and deliuereth seiuÌ„n and possession orthe land that is a feffement Feoffor et feffee FEoffor is hée that infeffeth or maketh a feoffement to an other of landes or tenements in fée simple And feoffee is he who is infeffed or to whoÌ„ y â— feffement is so made Fireboote FIreboote is necessarye woode to burne which by the common lawe lessâ—e for yeares or for lyfe may take in hys grounde although it be not expressed in his leaseâ— and although it be a leas by woorde onely without writinge But yâ— sake more then is néedefull he shalbée punished in wast Fledwite FLedwite that is to be quite from amercements when an outlawed fugitiue coÌ„meth to the kinges peace of hys owne will or beinge licenced Flemeswite FLemeswit that is y â— you may haue the cattel or amercementes of your man or fugitiue Fletwie Fletwit or Flitwit that is to bée quit froÌ„ contention and conuiets and that you may haue plea therof in your court the amercements for Flit in english is Tensone in french Forstal FOrstal that is to bée quite of amercemeÌ„ts cattelles arrested w tin your lande the amercements therof coÌ„ming Forstaller FOrstaller is hée that buieth Corne Cattel or other marchaundize whatsoeuer is salable by the way as it commeth to markets faires or such like places to bée sold to the intent that he may sel the same againe at a more high and déere price in preiudice hurt of the common welth people c. The paine for such as are conuict thereof c. is the first time amercemeÌ„t and losse of y e thing so bought the secoÌ„d time iudgment of the pillory The third tyme imprysonment and RauÌ„some The fowerth time abiuratioÌ„ of the towne c. Franches Royall FRanches Royall is wher y e Quéene graÌ„ts to one and to his heires that they shal be quit of Tolle or such like Free mariage FRée mariage is when a man seised of landes in fee simple giueth it to an other man to hys wife whoe is daughter Sister or otherwyse of kinne to y e donor in frée mariage by vertue of which words they haue an estate in special tayle and shal hold the land of the bonor quit of al maner of seruices vntill the fowerth degree bée past accomptynge themselues in the first degree except fealtie which they shal doe because it is incident to all tenures sauinge frée almes And such gift may bée made as wel after mariage solemnized as before And a man may gyue landes to his sonne in frée mariage as well as to hys daughter by the opinion of master Fitzh in hys writ of Champertie H. But it appeareth otherwise in master Litt ' and in M. Brooke ti FraÌ„kmariage P. 10. And so it was holden cléere in Graies Inne in leÌ„t An â–ª 1576. 18. El. by y e right worshipful master Rhodes then Reader there Freeholde FRéehold is an estate y t a man hath in landes or tenements or profit to bée taken in fée simple taile for terme of hys owne life or for terme of an others life And vnder that there is no frée hold for hée that hath estate for yeares or holdeth at wil hath no frée hold but they are called Chattels And of fréeholds there are ii sorts that is to say fréeholde in deede fréehold in lawe Fréehold in déede is wheÌ„ a man hath entred into lands or tenemeÌ„tes and is seysed therof really actually in déede as if the father seysed of lands or tenementes in fée simple dieth and his sonne entreth into the same as heire to his father then he hath a fréehold in déed by his entry Fréehold in lawe is wheÌ„ lands or tenemeÌ„ts are disceÌ„ded to a maÌ„ he may enter into them when he will but hath not yet made his entry in deede as in the case aforesayd if the father being seysed of lands in fée simple die seysed they disceÌ„d to his sonne but y e sonne hath not yet entred into them in déede nowe before his entrie he hath a frehold in law Freshsuit FReshsuit is wheÌ„ a maÌ„ is robbed the party so robbed followeth the felon immediatly taketh him with the manner or otherwise and then bringeth an appeale against him and doth coÌ„uince him of the felony by verdict whych thing being inquired of for the Quéene and found the party robbed shall haue restitution of his goodes agame Also it may be sayd y â— the party made freshsute although he take not the theese presently but that it be halfe a yeare or a yeare after the robbery don before he bee taken ifso bée that the partie robbed do what lyeth in him by diligent inquire search to take him yea although hée bée taken by some other body yet this shalbée sayde good freshsuit And so freshsuit is wheÌ„ the lord coÌ„meth to dystreine for rent or seruice the owner of y â— beastes doth make rescous and driueth them into other ground that is not holden of the Lord and the lord followeth presently and taketh them thys called fresh suit and so in other like cases Gager of deliuerance GAger of deliueraunce is where one sueth a repleuin of goods taken but hée hath not deliuery of the goodes and the other auoweth and the plaintife sheweth y â— the def is yet seysed c. and prayeth that the def shal gage the deliueraunce then he shal put in suerty or pledges for the deliuerance a writ shal go foorth to the sherife for to redeliuer the goods c. but if a man claime propertie hée shal not gage the deliuerance Also if he say that the beasts bée dead in the pound hée shall not gage c. Also a man shal neuer gage the deliueraunce before that they be at issue or demurrer in the lawe Warde WArde is when an infant whose auncester helde by knights seruice is in the warde or keepinge of the Lorde of whom those lands were holden And if the tenaunt holde of dyurrs Lordes diuers landes the lorde of whome the land is holden by prioritie that is to saye by the more elder tenure shall haue the wardshippe of the infant but if one tenure bée as olde as the other then hée that first happeth to haue y â— warde of the bodie shall kéepe it but in that case euery lord shal
it should come in y ◠sence as wée there take it For accordinge to the proper significatiō mulier is a defiled woman like as it is vsed by vlpianus in a certen place after this sort if I thought that I had bought a virgin when it was a defiled woman the bargayne was not good Hereby you may sée y t multer is a woman that hath had y e company of a man But to leaue the right signification Mulier is taken in our law for one that is lawfully begotten and borne and is alwayes vsed in comparison with a bastarde onely to shewe a difference betwene thē as thus for example A man hath a sonne by a woman before mariage that issue is called a bastard and vnlawful And after they entermary and haue an other sonne this second sonne is called mulier that is to say lawfull and shalbée heire to hys father but that other cannot bée heire to any manne because it is not knowen nor certen in the iudgement of the lawe who was hys father and for that cause is sayd to bée no mannes sonne or y e sonne of the people and so wythout father according to this old verse To whom the people father is to him is father none and all To whom the people father is wel fatherlesse wée may him cal And alwaies you shal find this addition to thē bastard eldest mulier yongest when they bée compared together Murder MUrder is a wilful killinge of a man vppon malice forethought and seemeth to comeof the Saxon woord Mordren which so signifieth And Mordridus is the murderer euen vntil this day amonge them in Sexonie from whence wée haue most of our words as hath byn often said Negatiua preignans NEgatiua preignans is when an action or information or such like is brought against one and the defendant pleadeth in barre of the actyon or otherwyse a negatiue plea whych is not soe specyall an answere to the actyon but that it includeth also an affirmatiue As for example if hée in reuersion enter vppon tenant for life supposinge that hée hath aliened in fee which is a forfaiture of hys estate and the tenaunt for life saith that hée hath not aliened in fée this is a negatyue wherein is included an affirmatiue for although it bée true that he haue not aliened in fée yet it may bée that hée hath made an estate in tayle whych is also a forfayture and then the entry of hym in the reuersion is lawefull c. Also in a Quare impedit the Quéene makes tytle to present to a Prebende for that the Temporaltyes of the Bishoprick were in her hāds by the death of W. late Bishop c. The defendant saith that it was not voyd being the temporalties in the Quéens handes by the death of W. this is a negatiue preignans for it may bée in the Quéenes hāds otherwyse then by the death of W. and it suffiseth the Quéene if it bée in her handes by any meanes c. Soe it is where an Information was brought in the Cheker against John Stile for that he bought wooll beetwéene shering time and the Assumptyon such a yeare of John N. The defendaunt sayth that hée dyd not buy any of John N. as it is alledged c. this is called a negatiue preignans for if he bought it of any other yet hée is culpable for the buyinge Niefe NIefe is a womā that is bonde or a vyllen woman but if shée mary a frée manne shee is thereby made frée for euer although y t her husbande die and she suruiue hym because that shée and her husband are but one person in lawe and shée ought to bée of the same nature and condytion in law to al intents that her husband is But her husband is frée to all intentes without any condityon in lawe or otherwise and so by consequens the wife ought to bée and is frée according to y ◠nature of her frée husband then if she were once frée and clerely discharged of bōdage to al entents she cānot be niefe after w tout especial act done by her as diuorce or cōfessiō in court of Record and that is in fauour of liberty therefore a frée woman shal not be bounde by taking of a villē to her husband But their issue shal bée villens as their father was which is contrary to the Ciuile lawe for there it is said y ◠birth followeth the belly Bōdage or villenage had beginninge amonge y ◠Hebrewes his original proceding of Canaan y ◠sōne of Cham who because that hée had mocked his father Noe to scorne lying desolutly whē he was drunke was punished in his sonne Chanaan w t penalty of bondage Nihil dicit NIhil dicit is when an action is brought against a man the defēdant appéeres the plaintife declares the defendant wil not aunswere or pleades to the action doth not maintaine hys plea but makes defaut nowe vpon this defaut he shal be condemned because he saith nothing Nomination NOmination is where one may in right of his maner or otherwise nominate and appoint a worthy clarke or man to a personage vicarage or such like spiritual promotion Nonabilitie NOnabylitye is where an action is broughte against one and the defendaunt saieth that the playntife is not able to sue any action and demaundeth iudgement if hée shal bee aunswered There are vj. causes of nonability in the pleintife as if he bée an outlawe or an alien borne but that dysabilitye is in actiōs reales and mixt onely and not in actyons personalles except hee be an alien enemye or condempned in premunire or professed in religion that is to saye the Roomish religion or accursed or a villen and sueth hys Lorde but this last is noe ple for an other y ◠is not lord to the villen Bare or naked Contract BAre Contract or naked promise is where a manne bargaineth or selleth his lāds or goods or promiseth to geue to one money or a horse or to builde a house or doe such a thinge at such a daye and there is no recompence appoynted to him for the doinge therof As if one saye to an other I sel or geue to you al my landes or goodes and there is nothing appoynted assigned or agréed vppon what the other shal giue or pay for it so y t there is not one thinge for an other this is a naked contract and voyde in lawe for not perfourmaunce thereof noe action lyeth for of a naked cōtract commeth noe action Oredelfe O Redelfe is where one claimes to haue y ◠ore that is founde in his soile or ground Outfanthefe OUtfangthiefe that is y ◠theues orfelōs of your lād or fée out of your lād or fée taken w t felony or a stealing shal be brought backe to your court and there iudged Owelte OWelte is when there is Lorde mesne tenant and y e tenaunt holdeth of the mesne by the same seruices that the meane
lawe because that in the eye and consideration of the lawe hée is demed to be in possession for asmuch as hée is tenant to euery mans action that will sue concerning y e same lands or tenementes Preamble PReamble taketh hys name of the preposition Pre before and the verbe Ambulo to goe see ioyned together they make a compound verbe of the first coniugatyon Preambulo to go before and hâ—â—â—of the first part or beeginning of an act is called y â— preamble of the act which preamble is a key to open the minds of the makers of the act and y e mischiefes that they in tende to remedy by the same as for example the statute made at West â–ª minster the first the 37. chapter which giueth an attaint the preamble of which is thus For as much as certain people of y e realme dout very little to giue false verdictes or othes which they ought not to do wherby many people are disherited and lose their right it is prouided c. Prescription PRescription is when one hath had or vsed any thinge sith the time whereof no minde is to to the contrary Presentment PResentment is when a manne which hath ryght to géeue a benefice spiritual nameth the personne to whome hée will geue it and maketh a writing to the Bishop for him that is a presentation or presentmeÌ„t Pretensedright or Title PRetensed right or title is where one is in possession of landes or tenements and an other who is out of possession claimeth it or sueth for it Nowe the pretensed right or title is said in him who soe doth sue or clayme And if he afterward come to y e possessioÌ„ of the same laÌ„ds or tenements his right or title is extinâ—t or suspendedin the lande Priuie or priuite and Pris uies PRiuie or priuite is where a lease is made to hold at wil for yeres for life or a feoffement in fée and in diuers other cases nowe béecause of this that hath passed betwéene these partyes they are called priuies in respect of straungers betwéene whom noe such dealinges or conueyances hath ben Also if there be Lorde and tenaunt and the tenaunt holdeth of y e lorde by certein seruice there is a priuitie betwene theÌ„ because of the tenure and if the tenaunt be disseysed by a straunger there is no priuitie béetwéene the dissâ—â—our and y â— lord but the priuitie styll remaineth béetwéene the Lord and the tenant thâ—t is disseysed and the Lord shall auowe vpon him for that he is his tenant in right and in the iudgment of the lawe Priuies are in diuers sortes as namely priuies in estate priuies in déede priuies in lawe priuies in right and priuies in bloode Priuies in estate is where a lease is made of the manner of dale to A. for lyfe the remâ—ynder to B. in see there both A. and B. are priuies in estate for their estates were both made at one time And soe is it in the first case heare where a lease is made at wil for life or yeres or a feoffement in fée y â— lessées or feoffées are called priuies in estate so are their heires c. Priuyes in déede is where a lease is made for lyfe and afterwarde by an other déede the reuersion is graunted to a straunger in fée thys grauntee of the reuersion is called pryuie in déede béecause that hée hathe the reuersyon by deede Priuie in lawâ—is where there is Lorde and tenaunt the tenaunt lesseth the tenauncye for lyfe and dyeth without heire and the reuersion escheates to the lord hée is said priuie in lawe béecause that hée hath his estate onely by she lawe that is to saye by escheat Priuie in ryght is where one possessed of a terme for yeres graunts his estate to an other vppon coÌ„dition maketh his executours and dieth nowe these executors are priuies in right for if the condityon bee broken and they enter into the lande they shall haue it in the right of their testatour and to his vse priuie of blade is the heire of y â— feoffour or donor c. Alsoe if a fine be leuied the heires of him y t leuied the fine are called priuies Priuiledges PRiuiledges are lyberties and Fraunchises graunted to an offyce place Towne or manner by the Quéenes great Charter letters patentes or act of parliament As Tolle sake Socke Infangtheefe vtfangethéefe turne tolle oredelfe and diuers such like for which looke in their proper titles and places Next frende NExt frend and warden in Socage is all one and is where a maÌ„ seysed of landes holden in Socage dieth hys issue within age of 14. yeares then the next frind or next of kinne to whom the lands cannot come or discende shall haue the keepinge of the heire and of the land to the only vse of the heire vntil he come to the age of 14. yeares and then at that yeares hée may enter and put him out and bringe hym to accompt but in that accompt hée shalbée allowed for all reasonable costes and expences beestowed either vppon the heire or his land And the next frind or next of kynne to whom the inheritaunce cannot discend is thus to be vnderstoode if the landes discend to the heire from his father or any of the kyn of his fathers side theÌ„ the mother or other of the mothers side are called the next of kynne to whom the inheritaÌ„ce cannot dyscende for beefore that it shal so dyscende it shall rather escheat to the Lorde of whom it is holden and so it is to be vnderstoode where the landes come to the heire from hys mother or any of y e kyn of his mothers side TheÌ„ the father or other of the fathers side are called the next of kin to whom the inheritaunce cannot discende but shal rather escheat to the Lorde of whom it is holden Protestation Protestation is a sauinge to the partie that so pleadeth by protestation to bée concluded by any matter alledged or obiected agaiÌ„st him vpoÌ„ which he caÌ„not ioin issu And is no other thing but an exclusion of the conclusion for hée that taketh the protestation excludes the other party to conclude hym And thys protestatyon ought to stand with the sequele of the plea and not to bée repugnant or otherwise contrary Purchase PUrchase is the possess that a manne hath in landes or tenements by his owne act meanes or agréement and not by title of â—iscent from any of his auncestours Quarentine QUarentine is where a man dieth seysed of a maner place and other lands whereof his wyfe ought to bée endowed then the woman shall hold the manner place xl dayes within which time her dower shalbée assigned But if shée marie w tin the 40. daies shée shall loose her quarentine Fifteene FIftéene is a payment graunted in parliameÌ„t to the Quéene by the Temporaltie namely the 15. part of their goods And was vsed in auncient tyme to bée leuied vppon their Cattayle goynge in their groundes which thynge was
definitiō of villenage is villein of bloude and of tenure And it is he of whome the Lord taketh redemptyon to mary his daughter to make him frée it is hée whom the lord may put out of his lāds and tenements at his wil alsoe of al his goods and cattel And note wel y t a sokmā is no pure villeine nor a villeine oweth not ward mariage nor reliefe nor to do any other seruices real And note wel that the tenure in vyllenage shall make noe frée man villeine if it be not continued sith tyme oute of mynde nor vyllayn land shal make no frée manne villeine nor frée lande shall make noe villeine frée except that the tenāt haue contynued frée sith the tyme of noe minde but a villeine shal make frée land villein by seysin or claime of y e lord And note wel that if a villain purchase certaine land take a wife alien and dieth before the claime or seysin of y e lord y e wife shalbée endowed And note wel y t in case that the lord bring a Precipe quod reddat against the alien the which voncheth to warraunt the issue of the villaine which is villeine to the Lorde hée shal haue the voucher by protestation y e Lorde may say that notwithstandinge that hee plede with his villeine yet his villeine shall not bée enfraunchised And note well that a bastarde shall neuer bee iudged bylleyne but by knowledge in court of recorde And note well that if det be due by a Lord to a free man and he maketh two men his executours the which bée villeynes to the sayed Lorde and dyeth the villeines shall haue an actyon of dette agaynst their Lorde notwythstandinge that he plede with them And if he make protestation they shall not bée for so much enfraunchised for that that they be to recouer the dette aforesaid to the vse of an other person that is to say to the vse of their testatour and not to their owne vse And if the tenāt in dower haue a villeine which purchaseth certaine land in fee and after the tenaunt in dower entreth shée shal haue the land to her to her heires for euer more the same lawe is of tenaunt for terme of yeres of a villein And note wel that the Lorde may roble his villain bete and chastice at his wil saue onely that he may not maime him for then he shal haue appell of mayme agaynste him ¶ And note well that a villaine may haue iij. actions against his lorde y t is to say appel of death of his aunce stour appel of rape don to his wife appel of maime And note well if two parceners bring a writ of Nyefe one of thē be nonsute the nonsuite of hym shalbée iudged y t consuit of them both soe that if the non-suite be after apparance they shalbée put oute from that actiō for euer for the lawe is such in fauour of liberty And note well if two haue a vylleine in comen one of them make to him a manumission he shal not be made frée against both And note wel that in a writ de Natiuo habendo it behoueth that the lorde shewe howe hee cōmeth priuy of the bloode of the villeine of whome hée is Lorde c. And if hée nor none of hys auncestours were not seysed of none of hys blood he shall not wynne by his action if y ◠villein haue not knowledged in court of record him selfe to bée his villein And note wel that in a writ of Niefe may not be put more niefes then ij this was first brought in in y ◠hatred of bondage But in a writ de Libertate probanda may bée put as manye nyefes as the plaintife will ¶ And note well that if the vylleyne of a Lorde bée in auncien demesne of y e king or other towne priuileged within a yere and a day the lorde may seise him and if he dwel in the same towne or other place fraunchised by a yere and a daye without seisin of the Lord he hath noe power to seyse him after if hée goe not in estraie out of the foresaid fraunches Taile ¶ To hold in the taile is where a man holdeth certaine lāds or tenements to him and to his heires of hys body béegotten And note wel that if y ◠land be géeuen to a man and to his heires males and hée hath issue male hee hath fée simple and that was adiudged in y e parliament of our Lord the kynge But where landes or tenementes bée géeuen to a man and to his heirs males of his body begotten then hée hath fée tayle and the issue female shal not bée enheritable as it appereth the xiiii yere of Edward the third in assise Taile apres possibilitie ¶ To hold in the taile after possibilitie of issue extinct is where lād is geuē to a mā to his wife to the heires of their ii bodyes ingendred and one of them ouerlyueth the other wythout issue betwéene them béegotten hée shall holde the lande for terme of hys owne life as tenaunt in the taile after possibilitie of issue extinct And not withstanding that he do wast he shal neuer be impeched of that wast And note that if hée alien hée in the reuersion shal not haue a writte of entre in consimili casu But hée may enter and hys entre is lawfull per Robertum Thorpe chiefe Justice Frankmariage ¶ To holde in frankemariage is to holde in the seconde tayle lymit in the statute of Westminster seconde cap. 1. And the feoffour shal acquite y ◠feoffée of al maner of seruices vnto y e 5. degrée be past and y e feffour shal do all the seruice and suites duringe y e sayde terme And after the heires of the feoffée shall doe it for that that the priuitie of bloud is past And if hée bée distrained for seruyce hée shal haue a writ of Mesne agaīst him supposing that he held the lands of him but he shal not haue the foreiudgement if it be not in aduauntage of his issues And note well that after the fowerth degrée be past he shall bee attendaunt of as much seruice to the donour as the donour is attendant to the Lord paramount And if hée do felony for which he is attaint the king shal haue his lands for terme of his life naturall And after hys death hys issue shal inheryte as by force of the tayle And in this case none shall haue hys lands by way of eschete no more then in any other taile And in case that the tenant die without heire of hys body begotten the lande shall reuert to the donour as it shoulde in the common tayle And if a manne let his land to another in franke mariage yeldynge to hym a certayne rent by yeare hée shall hold this land in the common tayle and not in frankemariage for by the rent reserued these woordes
béefore a temporall Judge c. and the prisoner praieth his clergye that is to saye to haue hys booke which is as much as if hée desired to bée dismyssed from the Temporall Judge and to bee deliuered to the Ordinarie to purge hym selfe of the same offence This priuyledge at the firste was not soe generall in respect of the parties that should take benefite thereby as it afterwarde beecame to bée for at the beginninge beinge a popishe inuentyon the patrons thereof were very partial and wolde not that any should reape commodity thereby but their popish priestes only and such as were wythin orders as aforesayed and this arose amonge them partlye through their great pride dysdayninge to bee vnder the obedience of their natural kinges and temporall correctyon and partelye of polycie for shame lest the leude maners of their spiritualty should come to the open view examination of y e layetie as they distinguish them noe meruaile at al for w tin a fewe of the first yeres of king Henry y e secoÌ„ds raigne the clergie of the Realme had committed aboue one hundred seueral murders vppon hys subiectes as the Kinge was certenly informed besides many robberies and other outrages for remedy whereof order was taken by y e king his nobilitie and w t much a doe the Clergie consented therto y t if any clerke from thence forth committed felony or treason he should first be degraded and afterwarde deliuered to the lay power there to receiue as to his offence belonged c. at y â— last in fauor of life a thing to bee shewed indifferently towards al mankinde and for the loue of lerninge it was graunted to al men that could reade though they were neither priestes nor w tin orders And since in parliament made vpon good considerations it hath ben restreined and taken away in dyuers cases as in wilful murder Burglary and such others Clerke attaint Clerke conuict CLerkes are in ii sorts that is to say Clerkes attaint Clerkes conuict Clerke attaint is he which prayeth his clergy after iudgement gyuen vpon him of the felony and hath his clergy allowed such a Clerke may not make his purgatioÌ„ Clerke conuict is hée which prayeth his clergy before iudgment gyuen vppon him of the felony and hath hys clergy to him graunted such a clerke may make his purgation Colour COlour is a fayned matter which the defendant or tenant vseth in his barre when an accion of trespas or an assise is brought against him in which he gyueth the demandant or plaintife a shewe at the first sight that he hath good cause of accion where in troth it is no iust cause but onely a colour and face of a cause And it is vsed to the intent that the determynatyon of the accion should bée by the Judges and not by an ignorant Jury of xii men And therefore a colour ought to bée a matter in law or doubtfull to the common people as for example A. bringes an assise of land against B. and B. saith that hee hym selfe did let the same land to one C. for terme of life and afterwarde did graunt the reuersion to A. the demaundaunt and after C. the tenaunt for terme of lyfe died after whose decease A. the demaundaunt claiming the reuersion by force of that graunt whereto C. the tenaunt for life did neuer atturne entred vpoÌ„ whom B. entred against whom A. for y â— entre bringes this assise c. this is a good colour because the comoÌ„ people thinke that the land will passe by the grauÌ„t without atturnement where in déede it wil not passe c. Also in an accion of trespas colour must bée geuen and of them are an infinite number one for example In an accion of trespas for takinge away of the playntifes beastes the defendaunt saith that before y e pleintife had any thing in theÌ„ hée himselfe was possessed of theÌ„ as of his proper goodes and deliuered them to A. B. to redeliuer them to him againe when c. and A. B. gaue them vnto the plaintife the plaintife supposing the propertie to be in A. B. at y â— time of the gift tooke them and the defendant tooke them from the plaintife whereupon the plaintife bringeth y e accion this is a good colour and a good plea. Colour of office COlour of office is alwaies takeÌ„ in y e worst part signifieth an act euel done by the countenance of an office and it beareth a dissemblinge face of the right office where as the office is but auaile to the falsehod the thinge is grounded vpoÌ„ vice and the office is as a shadowe to it But reason of the office vertue of the office are taken alwayes in the best part and where the office is the iust cause of the thynge and the thynge is pursuing to the office Collusion COllusioÌ„ is where an accion is brought agaynst another by hys owne agreement if the plaintife recouer then such recouery is called by collusion and in some cases the collusion shall bée enquired of as in a Quare impedit an assise such like But in auowry nor in a writ of entrie or any accyon personall the collusion shall not bée inquyred Common law COmmon lawe is for the most part taken 3. waies first for the lawes of this Realme simple without any other lawe as customary lawe Ciuil lawe Spirituall lawe or whatsoeuurr els lawe ioyned vnto it as when it is disputed in our laws of England what ought of right to bée determyned by the comon lawe and what by the spirituall lawe or Admirales Court or such like Secondly it is taken for the kinges courtes as the kynges bench or common place onely to shewe a difference béetwéene them and y â— base courtes as Customary courts courtes barons county courtes pipouders and such like as when a plea of land is remoued out of auncient demesne because the laÌ„d is frank fée pleadable at the coÌ„mon lawe y t is to say in y â— kings court and not in auncien demesne or in any other base court Thirdly and most vsually by the comon law is vnderstoode such laws as were generally taken and holden for lawe before any statute was made to alter the same as for example Tenant for life nor for yeares were not to be punished for doinge wast at the common lawe tyll the statute of Glocester ca. 5. was made which doth giue an action of wast against them But tenant by the curteâ—y and tenaunt in dower were punishable of wast at the common law that is to say by the vsual and comon receiued laws of y â— Realme before the sayd statute of Glocester was made Comon COmmon is the right y t a maÌ„ hath to put his beastes to pasture or to vse to occupy the grouÌ„d that is not his owne And note y â— there be diuers comons that is to say comoÌ„ in grosse common appendaunt comon appurtenant comoÌ„ because of neighbourhod Common
thereto Defendant DEfendant is he that is sued in an actyon personal he is called tenant in an action real Demaines DEmaines or demesnes is the lords chiefe maner place which hée his auncestours haue from time out of mind kepte in their owne hands and haue occupied same together wyth al buldinges and houses whatsoeuer also y e meadowes pastures woods errable lande and such like béelonginge thereunto Demaundant DEmaundaunt is hée that suethe or complayneth in an actyon reall for title of lande and hée is called playntife in an assise in an action personall as in an action of dette trespas disceit detinue and such other Halfe blodde HAlfe blodde is when a man marieth a wife and hath issue by her a sonne and shée dyeth and then hée taketh an other womanne and hath by her also a sonne Nowe these two sonnes are after a sorte Brothers or as they are termed halfe Brothers or Brothers of the halfe blodde that is to say brothers by the Fathers syde béecause they had both one father and are both of his bloud and not brothers at all by the mothers syde nor of blodde ne kinne that waye and therefore the one of them cannot bée heire to other for he that wyll clayme as heire to one by dyscent must be of y e whole blode to him from whome hée claimeth Demurrer DEmurrer is when anie action is brought and the defendaunt pleadeth a plée to which the pleintife saith that he wil not aunswere for that y ◠it is not a sufficient ple in the lawe and the defendaunt saith to the cōtrary that it is a sufficyent plee this doubt of the lawe is called a demurrer Denizen DEnizen is where an alien becommeth the Quéenes subiect and obteyneth her letters patentes to enioye al priuiledges as an englishmā But yet not with standinge he shall paye customes and diuers other things as aliens doe c. Deodande DEodande is when any man by misfortune is slaine by an hors or by a cart or by anie other thinge that moueth thē this thing that is cause of his death and which at the tyme of the mysfortune mooued shalbée forfayte to the Queene and that is called deodande and that perteineth to y ◠Quéenes Almener for to dispose in almes in dedes of charitie Departure from a plee or matter DEparture frō his plea or matter is where a manne pledeth a plee in barre the plaintife replieth thereto and he after in his reioinder pleadeth or sheweth an other matter contrary to his first plée y t is called a de parter frō his barre c. Departure in dispite of the court DEparture in dispite of the court is when the tenant or defendant appereth to the actyon brought against him hath a day ouer in y t sāe terme or is called after without day in the same terme and doth not appere but makes defant this is a departure in dispite of the court therefore he shal be condempned Deputie DEputie is he y e occupieth in an other mans right whether it bee office or any other thig els and his forf ▪ or misdemener shal cause the officer or him whose deputie he is to lose his office or thinge But a man can not make his deputie in al cases except the grant so bée as if it bée w t these or such like woordes to exercise or vse by himself or his sufficient deputie or if y e words go furder by himselfe or his deputy or the deputy of hys deputy then hée may make a deputy and his deputy also may make a deputy els not Deuastauerunt DEuastauerunt bona testatoris is when Executours wil deliuer the legacies that their testator hath gyuen or make restytutyon for wronges don by him or pay his debts due vppon contractes or other dets vpon specialtyes whose dayes of payments are not yet come c. And kepe not sufficiēt in their hands to discharge those debts vppon specialties that they are compellable presently by the law to satisfie Then they shal bee constrayned to pay of their owne goods those duetyes which at the first by the law they were compelled to pay accordinge to the value of that that they deliuered or payed wythout compulsion For such paymentes of debts or deliuery of legacies as is aforesayde béefore debtes payed vpon specialtyes whose dayes of payment are already come are accompted in the lawe a wastynge of the goodes of the testator as much as if they had gyuen them away wythout cause or sold them and conuerted them to their owne vse Deuise DEuyse is where a man in his testamēt géeueth or béequeaueth his goodes or hys landes to an other after his decease And where such deuise is made of goodes if the executours will not deliuer the goodes to the deuisée the deuisée hath no remedy by the common lawe but it behoueth him to haue a cytation against y ◠executors of the testator to appere before the Ordinary to shewe why hée perfourmeth not the wil of the testatour for the deuisee may not take the legacy and serue himself but it must be deliuered to him by the executours And here to the end to shewe you Brother Nicholas howe much the lawes of thys Realme and the wise dyscréete Judges of y e same who are the interpreters of the lawe doe fauour willes and testaments and so deuises in yelding to them such a reasonable construction as they thinke myght best agrée with the mindes of the dead consideringe that willes testaments are for the most part and by cōmō intendment made whē the testator is nowe very sicke weake past al hope of recouery for it is a receiued opinion in y e countrey amonge most y t if a man should chaūce to be so wise as to make his wil in his good helth when he is stronge of good memory hath tyme and leysure and might aske counsel if any doubt were of the lerned that then hée should not liue longe after and therfore they deferre it to such tyme when as it were more conueniēt to apply them selues to the disposition of their soules then of their landes or goodes except it were that by the fresh memory and recitall of them at that tyme it myght bée a cause to put them in mind of some of their goodes or landes falsely gotten andso moue them to restitutyon c. And at that tyme the penning of such willes are commonly committed to the minister of the parish or to some other more ignoraunt then hée if y ◠may be whoe knoweth not what woordes are necessarie to make an estate in fée simple fée taile for terme of life or such like besides many other mischiefes I will therefore set you here downe some of those cases that are most common in ignoraunt mens mouthes and doe cary by the wise interpretatiōs of y e Judges as is aforesaid a larger and more fauorable sense in wills thē in déedes first therfore if one deuise to
fower sonnes and dieth and after the lessée for lyfe dyeth nowe the eldest sonne onely of I. Stile shall haue thys land for hée is right heire and that is a good name of purchase 37. H. 8. in master Brooke ti Done et Remaynder 42. But if the landes had byn gyuen to John Stile for lyfe the remaynder to hys next heire male thys had byn an estate taile in John Stile him selfe and then the lande should haue discended to al his sonnes in so much as in that case y e wordes next heire male be not a name of purchase Howbeit it was greatly doubted 3. 4. Phil. et Mariae as Justice Dalison reporteth if a remainder bée deuised by testament to the next heire male whether in that case the eldest brother onely shal haue it in so much as in the vnderstandinge of the lawe whych is a iudge ouer al customes he is the next heire male and therefore inquire of it As touching vouchers it appeareth 11. E. 3. that al the heires in Gauelkynd shal be vouched for the warraunty of their Auncester and not the eldest onely But the opinion of Master Littleton li. 3. cap. 13. and of the Iustices 22. E. 4. is clere y t the eldeâ—â— sonne onely shal be rebutted or barred by the warranty of the auncestour to be short the eldest sonne onely shal enter for the breache of a condition But the rest of the brethren shalbée ioyned with hym in suinge a writte of Attaynt to refourme a false verdict or Errour to reuerse an erronious iugement And they al shal be charged for the debt of their auncestour if so be y t they al haue assets in their handes But if the eldest onely haue assets remayninge and the residue haue aliened their partes then he onlye shal be charged after the mind of the booke 11. E. 3. c. And thus much for this part shal suffice Nowe a woorde or ij of other thinges confusely yet apertaininge to this matter notwythdinge not soe necessarie for your purpose to bée knowen as those aforesayde It appereth in a written report at large of 16. Edwardi 2. which is also partlye abridged by master Fitzherbert titulo Prescription that it was tryed by verdicte that noe manne ought to haue common in Landes of Gauelkinde howbeit the contrarye is well knowen at this day that in many places y e same booke saith y t the vsage of Gauelkinde is that a man may lawfullye inchase or driue out into the high waye to their aduenture the beastes of any other personne that hée shall fynde doynge dammage in his lande and y t he is not compellable to impounde them which thing is practised at this day The parlyament 15. Henrici sexti cap 3. mindinge to amplifye the priuiledges of Gauelkynde graunted to the tenauntes of that lande exemption in Attaints in such sort as the inhabitaunts of auncyent demeane and of the fiue portes before had But within thrée yeares after vppon complaynt of some of the Countrey which enfourmed the Parlyament house that there was not in the whole Shire thirtye or fortye personnes that holde to the value of xx pounde lande out of Gauelkinde who in default of others and by reason of that exemption were continuallye molested by returnes in Attaintes that act was vtterly repealed The statute 14. H. 8. cap. 6. gyueth libertye to euery manne hauing highwaie through hys lande in the welde that is worne déepe and incommodious for passage to lay out another waye in ome such other place of hys lande as shalbée thought méete by the vyewe of two Justyces of the peace and twelue other men of wysdome and discretion The general law made 35. H. 8. 17. for the preseruation of Copeises woodes thorough out the Realme maketh plaine exception of all woodes within this wealde vnlesse it be of such as bée common c. And here an ende of thys matter sauinge that I wil make master Litteltons annswere to such as happelye wil demaunde what reason thys custome of gauelkinde discent hath thus to deuyde lande a monge al the males coÌ„trary to the manner of the whole Realme béesides The yonger sonns sayth he be as good gen telmen as the elder and they beinge a like déere to their common auncestour from whom they claime haue so much the more néede of their freÌ„ds helpe as thorowe their minority they be lesse able then the elder Brother to helpe theÌ„selues c. Gelde GElde that is to bee quite of seruile customes which were woÌ„t to be geeuen and are yet giuen as hornegelde and such like Grithbrech GRithbrech that is the kinges peace broken because Grith in English is pax in latin Hangwite HAngwite that is to be quite of a théefe or relon haÌ„ged without iugement or escaped out of your custody Hariot HAriot is in ii sortes the one hariot Custome the other haryot seruice Hariot seruice some fay is alwaies expressed in a mans graunt or déede that hée holdeth by such seruyce to pay hariot at the time of his death and thys hariot is payable after y e death of the tenaunt in fée simsimple Hariot Custome is where hariotes haue byn payed tyme out of mynde by custome And thys may bée after the death of tenant for lyfe c. But to speake therof generally Hariot is the best beast whether it be horse Oxe or Cowe that the tenaunt had at the tyme of his death And may bée either seysed or a distresse taken for it whether it be hariot seruyce or hariot custome to the Lordes vse of whom the tenaunt held by hys Bailife or other officer béelonginge to hys manour But of right the Lord nor hys officer should not take hariot before it bée presented at the next court holden that the tenant is dead and that such a beast is due to the Lord for his hariot Haybote or Hedgebote HAybote or hedgebote is necessarie stuffe to make and mend hedges which lessée for yeares or for lyfe of common right may take vpon the ground to him leased although it bée not expressed in his lease and although it bée a lease by woordes without wrytinge Haybote also may bée takeÌ„ for necessary stuffe to make Rakes forkes and such like instrumeÌ„ts wherewith men vse in sommer to tedde make hay and so a lessée for yeares tooke it it was allowed him by hys lessor the rather as I suppose for that such instruments are commonly made of slender vnder wood which by the common lawe lessee for yeres may cut and take as is aforesaid Hidage HIdage that is to bée quit if the king shal taxe al the land by hides Note that a hyde of land is a whole ploweland And this kynde of taxinge by hides was much vsed in old tyme as well for prouision of armour as paymentes of money that chefely in kinge Etheldredes daies a kinge in thys Countrey before y e conquest who in the yeare of Christ 1006. when as the Danes landed
at Sandwich in Kēt taxed al his lād by hides thus That euery 310. hydes of land should find one ship fornished euery 8. hides should find one Jacke one sallet for y e defence of y e Realme Hotchpot HOtchpot is a medlynge or mixinge together and a partition of lands giuen in frankmariage wyth other lands in fée simple dyscēded as for example a man seysed of 30. acres of land in fee simple hath issue ii daughters gyueth w t one of his daughters to a man y t marieth her x. acres of the same land in frankemariage and dieth seysed of the other 20. acres Nowe if she that is thus maried wil haue any part of the 20. acres whereof her father dyed seysed Shée must put her lands gyuen in frankmariage in hotchpot that is to say shée must refuse that gyft in frankemariage and suffer the land to bée commixt and mingled together w t the other land whereof her father dyed seysed so that an equall deuision may bee made of the whole betweene her and her Sister and thus for her 10. acres shée shall haue xv els her Sister wyll haue the xx acres of whych their father died seysed Home Sokene HOme soken or hane soken y ◠is to be quit of amercements for entringe into houses vyolently without licēce contrary to the peace of the kinge And that you hold plea of such trespas done in your court and in your land Homicide or māslaughter HOmicide or manslaughter is the killing of a man feloniously without malice fore thought It is also defined thus Homicide is the killing of a man by a man and if such kyllinge be don by a dogge oxe or other thinge it is not properly called homicide for it is called homicide of a man to kil as y ◠killing of a man Hornegeld HOrnegeld y ◠is to be quit of a certeine custome exacted by tallage thorowe all the lande as of whatsoeuer horne beast Housebote HOusebote is necessary timber y ◠lessée for yeres or for life of common right may take vppon y ◠groūd to repaire y ◠houses vpon y ◠sāe groūd to him leased although it bée not expressed in y e lease and although it be a lease by wordes w tout déed But if hée take more then is néedefull hée may bée punished by an action of wast Hundred HUndredes were deuised by Alfred y ◠kinge after that hée had deuided the whole Realme into certeine partes or Sections whych of the Saxon word Scynan signifyinge to cut he termed Shires or as wée yet speake Shares and portions These Shires hée also brake into smaller partes wherof some were called Lathes of y ◠woord Ielapian which is to assemble together others Tithinges so named because there were in each of them to the number of ten persons whereof each one was suertie and pledge for others good abearinge others hundreds because they contayned iurisdiction ouer an hundred men or pledges dwellinge paraduenture in ii or iii. or more parishes Boroughes or townes lyinge and adioyninge neuerthelesse somewhat nere together in which he appointed adminystration of Justice to bée exercysed seuerally amonge them of y e same hundred and not that one should runne out disorderly into an others hundred lath or tithing wherein he dwelled not These hundreds cōtinue to this day in force although not altogether to y ◠sāe purpose wherūto at the first they were appointed yet styll very néedful both in tyme of peace for good order of gouermēt diuers ways also in warre for certeinty of leuying of mē as els for the more ready collections of payments graunted in parliament to the kynges and Quéenes of thys Realme Hundred HUndredum that is to bée quit of money or customes to bee done to the gouernours hundredors Ideot IDeot is he that is a foole naturally from hys birth and knoweth not howe to accompt or number twenty pence nor cannot name hys father or mother nor of what age hymselfe is or such like easie and common matters soe that it appereth he hath noe maner of vnderstādinge of reason nor gouernement of him selfe what is for his profit or disprofit c. But if hée haue soe much knowlege that he can reade or lerne to reade by instruction and informatyon of others or can measure an elle of cloth or name the daies in the wéeke or begette a childe sonne or daughter or such lyke whereby it may appere that he hath some light of reason then such a one is noe Ideot naturallye Vnlawful assembly VNlawfull assemblye is where people assemble them selues together to do some vnlawful thing against the peace although that they execute not their purpose in déede Imparlance IMparlaunce is when an action of dette trespasse or such lyke is brought against a man and after that the pleintife hath counted or declared the defendaunt prayeth the Court that hée may haue tyme to put in hys aunswere at an other daye in the same terme or in the next terme followinge this stay of aunswere is called imparlaunce Imprisonment IMprysonment is noe other thynge but the restraynt of a mannes libertye whether it bée in the open féelde or in the Stockes or Cage in the streates or in a mans own house as wel as in the common gaole And in all these places the partye soe restrayned is sayed to be a prisoner soe longe as hée hath not hys lybertye fréely to goe at al times whether he wil without baile mainprise or other aucthoritye Infangethefe INfangethefe that is that théeues taken with in youre demesne or fée conuicted of thefts shal be iudged in your court Information INformation for the Queene is that which for a common parson is called a declaration and is not alwaies done directly by the Quéene or her atturney but rather by some other man who sueth or infourmeth as wel for y e Queene as for him selfe vppon y e breach of some penall lawe or stat wherin a penalty is giuen to y e party that wil sue for y e same but no action of det to recouer it then it must be had by information Ioynture IOynture is an estate and assuraunce made to a woman in consideration of mariage for terme of her life or otherwise whether it bée before or after y e mariage And if it bée after the mariage then shée may at her libertie after the death of her husbande refuse to take or haue the landes soe assured for her Joynture and demaund her dower at the cōmon lawe But if it be made before mariage then shée may not refuse such ioiniure nor haue dower accordinge to the common lawe vnlesse that when she bringeth her writte of dower the defendaunt pleadeth such a plea that will not barre her of her dower then shee shal bee endowed As if he say in barre that her husbande was not seised of such estate wher of she myght bee endowed or any such plea and doth not shewe that she
hâ—th a â—â—mture made c. and therefore demaunde iudgement of that action or iugement if she shal bee also endowed or any such lyke plea c. and this was the oppinion of y â— right worshipful master Brograue at his reading in Graies June in SoÌ„mer Anno 1576. 18. Eliz. vppon a braunch of the stat made An. 27. H. 8. c. 10. coÌ„cerning iointures dowers And by him of those things whereof a woman may bée endowed she may haue ioynture as of mines vesturam terrâ— woodes Townes Iles meadowes and such like Also of an aduowson of a reuersion depending vpoÌ„ an estate for life of a windmil a high chamber a rectorie and such other and they are called tenemeÌ„ts Also of a villen for hée is an heredytament of all these profet may come to the woman But of those thinges whereof noe profet will coÌ„e but rather a charge a ioynture cannot be made Theft THeft is a deceiptfull taking away of an other mans goods but not from his parson with a minde to steale them a gaynst hys will whose goods they were And theft is in two sorts y e one so called simplie the other pety or little theft The first is where the thynge stollen exceedeth the value of xij d. and y â— is felony The other which is called littel or pâ—tiet theft is where the thing stollen doth not excede y e value of xij d. and that is no felony Lastage LAstage that is to bée quite of a certeine custome exacted in faires any markets for caryinge of thinges where a man will Lessor and lessee LEssor is he that lesseth landes or tenementes to an other for terme of life yeres or at wil and hee to whome the lease is made is called lessee Leuant couchant LEuant Couchant is sayde when the beastes or Cattell of a straunger are come into an other mans ground there haue remayned a certen good space of time so longe that they haue wel fedde also rested them selues Wager of lawe WAger of lawe is when an accion is brought against one w tout especialty she wed or other matter of recorde as an accion of debt vpoÌ„ contract or detinue then the defendaÌ„t may wage his lawe that is to say swere vppon a booke and certaine persons wyth him that hée oweth nothing to the playntife in manner and fourme as hée hath declared But in an action of debt vppon a lease for terme of yeres or vpon the arrerages of accompt before auditors assigned a maÌ„ shal not wage his lawe And wheÌ„ one shal wage his lawe hée shal bring with him vi viii or xii of his neighbours as the court shall assigne hym to swere with him And if at that day assigne he faile of his law then hée shal be condemned Liuery of seysin LIuery of seysin is a ceremony vsed in conueyance of landes or tenemeÌ„ts where an estate in fée simple fée taile or a fréehold shal passe and it is a testimonial of the willing departing from all that which he who makes the liuerie hath in the thinge whereof liuerie is made And the receyuinge of the liuery is a wyllyng acceptance by the other partie of all that whereof the other hath dismissed him selfe And was inuented as an open and notorious thing by meanes wherof the common people might haue knowledge of the passinge or alteration of estates from manne to manne that thereby they might bée the better able to trie in whoÌ„ the right and possession of landes and tenements were if they should be impanelled in Juries or otherwyse haue to doe concernyng the same The common maner of deliuery of seysin is after this sort done If it bée in the open feelde where is no building or house then one that can read taketh the writinge in his hand if the estate shal pas by déed and declareth to the staÌ„ders by the cause of their méetyng there together c. and then openly readeth the deed in English and after that it is sealed the partie who is to depart from the ground taketh the déede in his handes together with a clodde of the earth a twigge or bowe if any there be and all this hée delyuereth to the other partie in the name of possession or seysin according to the forme effect of the déed which before them was there reade But if there bée a dwellynge house or buildinge vpon the land then thys is done there at the doore of the same none béeyng left at that tyme wythin the house and y â— partie deliuereth all the aforesaid together wyth the rynge of the doore in the name of seysin or possession hée that receiueth the libertie entreth in first alone and shutteth to the doore and presently openeth it agayne and letteth them in c. If it be of a house whereto is noe land or ground the liuerye is made and poss taken by the deliuerie of y â— ringe of the doore déed onely And where it is without déed either of landes or tenementes there the partie declareth by word of mouth béefore wytnesse the estate that hée meaneth to depart with and then deliuereth seysin or possession in maner as is before sayâ—e and so the land or tenement doth passe as well where there is no déede as by déede and that by force of the lyuerie of seysin It was agreed in Grayes Inne by the right warshipful master Snagge at his readyng there in SoÌ„mer an 1574 that if a feoffour deliuer the viewe of the land in name of seysin that it is good because that hée hath a possessyon in him selfe But otherwyse yt is of an atturney for hee must goe to the lande and take possession him selfe béefore that he can gyue possession to an other accordinge to the words of hys letter c. And where liuerie of seysin is by viewe if the feoffée doe not enter after c. nothynge passeth for hée ought to enter in déede Lotherwite LOtherwite that is y â— you may take ameÌ„des of him which doth defile your bondwoman without your licence Mahim or maim MAhim is where any meÌ„ber is hurt or takeÌ„ away whereby y e party so hurt is made vnperfect to fight As if a bone bée taken out of the hedde or a bone bée broken in any other part of the body or a foote or hand or finger or ioynt of a foote or any member bée cut or by some wound the sinewes bée made to shrinke or other member or the fingers made crooked or if an eye bée put out or the foretéeth broken or any other thinge hurt in a mannes body by meanes whereof hee is made the lesse able to defend him selfe But the cuttinge off of an eare or nose or breaking of the hinder téeth or such like is no may â–ª him because it is rather a deformity of y e body theÌ„ diminishing of strength And if the Justyces stand in doubt whether the hurt be a maihim or not they vse and wil of their
curtesy of Englande is there where a man taketh a wife inheritrix and they haue issu a soÌ„ne or daughter and the wife dieth whether y e issue be deade or a liue y e husbande shal hold this laÌ„d for terme of his life by the curtesie of England and by y e law And in this case the fée and the right remaineth in the person of hym of whome he holdeth And for that this tenant may not alien in fée nor for terme of anothers lyfe and if he doe it is lawful to him in the reuersion to enter Fee simple ¶ To holde in fee simple is to holde to any man or woman to him and to his heires and to his assignes for euermore Franke tenure ¶ To hold in frée hold is to holde for terme of his own life or for term of an other mannes life And in this case the fée the right remaineth in y â— person of him of whom he holdeth And for that this tenaÌ„t may not alieÌ„ iÌ„ fée nor for term of life And if he doe it is well lawful to him in whom the fée and the right abydeth to enter Dower ¶ To hold in dower is where a man inherit taketh a wife and dieth y e heire shal enter and endowe the wife of y e third part of al that that was to her husbande in hys life in fée simple or fée taile and shée shall holde these landes for terme of her life as her frée holde Terme dans ¶ To holde for terme of yeres is not but chattel iÌ„ effect for no action is mayntenable against y â— termour for the recouering of the fréehold for no fréehold is in hym A lease for terme of yeres is a chattel real and the other chattel personall al goodes which are remouable are chattelles personals Mortgage ¶ To holde in morgage is to hold for a certayne terme vpon condition y â— if the lessour pay so much money at such a day that he may enter and if not that the other shall haue a fée simple or fée tayle or frée holde And in euery case where landes or tenements be géeuen to a manfor a certaine terme vpon condition of the part of the lessor for to make y â— lessee to haue more loÌ„g time or terme if the other do not as the condition is the landes and tenementes vntyll the day that the condytion should bee done bée holden in morgage as in a deade gage ¶ And note well that if land be let to a man in morgage in fée simple or in fée tayle vpon condition that if the first lessour as is before sayd pay so much money at such a day that hée may enter if not that the lessée haue the saÌ„e estate in the lands that the lessour did him graunt at y â— â—eginnynge And if before the day assygned the lessée be disseysed he shal haue assise of nouel disseisin And in case that if the lessée take a wife die lessed before the day assigned the womaÌ„ shall bée endowed And note wel that if y e lessour after the death of the lessée pay not the mony at y â— day assigned then y â— woman shal hold her dower and the issue her heritage And in case the lessour at y e day assigned pay the money to the heire of the lessée then he may put out the woman and the heire also of all the lande first let And if a man géeue landes to an other in the tail yelding to him a certaine rent by the yeare one entre for defaut of paimeÌ„t y â— donée taketh a wife and dieth seysed the woman shal bee indowed And in case that after the rent be behind the donour may enter put out the woman and the heire also And note well that if landes bée let to a man in morgage in fée vppon condition the lessée doth alien the lessour shalbée charged to pay the money to the alienée not to the seffée as it is said Burgage ¶ To holde in burgage is to holde as if the burgeis holde of the king or of another Lord lands or tenementes yeldinge to him a certain rent by y â— yere or els there where another man then burgeis holdeth of any Lord landes or tenementes in burgage yeldinge to him a certayne rent by yeare Socage ¶ To hold in socage is to hold of any lord lands or tenements yelding to him a certaine rent by y e yeare for all maner seruices And note wel that to hold by socage is not to hold by knightes seruice nor there longeth ward mariage nor reliefe But they shal double once their rent after the death of their auncestours according to that y t they be wont to pay to their Lorde And they shall not bée ouer measure greued as it appereth in the treatyse of wards and reliefes And note well y t socage may bée sayde in thrée manners that is to say Socage in free tenure Socage in auncient tenure Socage in base tenure Socage in frée tenure is to holde fréely by certaine rent for all maner of seruices as is before sayd and of that the next kms body shall haue the ward to whom the heritage may not discend til the age of xiiii yeares that is to say if the heritage come by the part of the father they of the parte of y e mother shal haue the ward coÌ„trary wise ¶ And note wel that if the gardeine in socage do make wast he shall not bée peched of wast but hée shall yelde accompt to the heire when hée shall come to his full age of xxi yeares and looke the Statute of Marlebridge cap. xvij for thys matter Socage in auncieÌ„t tenure is that where the people in auncieÌ„t demesne helde whych vse no other wrytte to haue then the writte of ryght close which shal be determined according to the custome of the mannour and the Monstrauerunt for to discharge theÌ„ wheÌ„ their Lorde distrayneth them for to do other seruice that they ought not to do And thys writ of Monstrauerunt ought to be brought against the lord those tenants hold al by one certain seruice these bée frée tenantes of auncient demesne Socage in base tenure is where a man holdeth in auncient demesne that may not haue the monstrauerunt and for that it is called y â— base tenure ¶ To holde in fée ferme is to holde in fee simple yeldinge to the lorde the value or at the least the fourth part by yere and hée oughte to doe noe other thinge but as it is coÌ„teined in the feffemeÌ„t and hee that holdeth in fée ferme ought to doe fealty and not reliefe Franke fee. ¶ To holde in franke fée is to holde in fée simple landes pledable at the coÌ„mon lawe Base fee. ¶ To holde in fée base is to holde at the wil of the Lorde Villenage ¶ To holde in pure vyllenage is to doe al that y e Lorde wyll him commaunde ¶ The