preserved and you shall live in quiet and hold your Goods Lands and Lives in peace and quietnesse and you shall be accounted after this life among the Saints of God and shall have life eternall and over that observe you that I may by the Law charge another Jury immediately to inquire of your concealments and perjuries and that you shall finde by putting great Fines and Amerciaments upon you and imprisoning your bodies And to conclude first now if you remember your duties to God as I have said that will move you to keep your Oathes and the love that you owe to the Common-wealth with consideration of your selves wives sonnes and posterity and the fear of God and regard of honesty and all these well considered then you will present justly and truly the things which I shall give to you in Charge and I make an end and the Articles of your Charge follow Then followeth the Charge in Court Baron The Charge in Court Baron FIrst you ought to inquire of all persons which owe Suit to this Court and who make default and present their names and you ought to note that all such persons which hold any Land of the Lord by Suit of Court in what place they dwell and of what age he is that should make Suit to the Court or otherwise he ought to be amerced and Amerciament is by custome for by the Common-Law they shall be distrained and that is called Suit-service and that is by reason of the Tenure and if any such person which oweth Suit to the Lord be in Ward to the King neverthelesse he may be amerced for not making Suit to the Court of the Lord but the Lord cannot destraine for this Amerciament during his Wardship yet after Livery the Lord may destraine for the whole Amerciament And if there be two Coparceners Coparceners Joynt-Tenants for which one Suit ought to be made the eldest sister ought to make the Suit onely and the other shall be contributary Fitzh 159. B. And so it is of Joyn-Tenants the Suit may be made by agreement by one and the other shall be contributary by Marleb chap. 9. but if one holds twenty acres by Suit of Court and alien that to twenty severall persons by the Statute of Quia emptores terrarum every one shall make Suit severally 2. Rastal Suit 1. Also if any Tenant be dead after the last Court or before and his death not presented you ought to inquire what Lands he holds of this Mannour and if they were held by Knights service Ward Releif Soccage or by Copy and what advantage the Lord shall have by his death Scilicet Wardship Marriage Releif Escheate or other Profits and who is his next Heire and of what age and in whose custody he is 3. Also if any Tenant which holds by Knights Service alien his Land by collusion to defeat the Lord of his Ward and other Profits it is inquirable 4. Also if any Tenant which holds by Knights service be disseised and dieth disseised his Heire within age the Lord shall have him in Ward and if any Tenant which holdeth by Knight-Service die his Heire male within age of 21. years the Lord shall have the Land in Ward till the age of 21 years and also his Marriage unlesse he be married Littleton fol. 19. 5. If the Father which holds in Knights Service marry his daughter within age to a husband of full age and dies the Lord shall not have the Wardship of the Land and if she were of full age the Lord shall not have the Wardship of the Land but if she were within age and marry to a husband within age the Lord shall have the Land in Ward till the age of 14. years Natura brevium fol. 98. But if such Tenant die his heire female being of the age of 14. years or more and not married she shall not be in Ward nor her Land but if she were within age of 14. years and not married she shall be in Ward of Body and Land till the age of 16. years and if she were married in the life of her father within the age of 14. years her land shall be in Ward till the age of 14. years and no more Littleton fol. 19. 6. And you ought to note that there is Knights Service of a common person that is where one holds of his Lord by Homage Fealty and Escuage that is to say when it is assessed to more more and when to lesse lesse Littleton fol. 19. and where one holdeth by keeping a Castle or by blowing a Horn that is Knights service 7. And Soccage Tenure is where one holds by Homage and Fealty or by Fealty and Rent or by Homage Fealty Rent and by Suit of Court for all manner of Services or in Burgage and if such Tenant die his issue within age of 14. years then the next freind of the heire to whom the inheritance cannot descend shall have the Ward of the Land and of the Heir till 14. years and then give an account to the Heir of the profits taken but this Gardian shall have his reasonable allowance for his costs and expences Littleton fol. 22. See Natura Brevium fol. 97. 8. Releife by Soccage is as much as the cheif Rent is by the yeare which he payes to his Lord and this is due forthwith after the death of his Tenant in Soccage so that the Heire be past his age of 14. yeares Littleton fol. 24. 9. And if Land be held by Knight Service and his Tenant dies his Heire of full age the Releif is due to the Lord and if he hold by an intire Fee of a Knight the Releife is one hundred shillings and if he hold by the halfe of a Fee fifty shillings and so according to the rate Littleton fol. 21. and all these profits are inquirable 10. Also if any Rent Custome Rent not paid or Service be withdrawne which ought of right to be made by whom it is with-drawne and what Custome and Service it is and in what Bailiffs time it was with-drawne and where the land is that the Lord may distrain for the Arrearages and what Rent that is and how many years it hath been with-drawn 11. Lands concealed Also if any Land of the Lord be withdrawne or used by any without license of the Lord by whom it is and how much Land hath been so used and of what value by the yeare that is is inquirable 12. Also if any Villaine of the Lord be and what Goods Villaine Chattels and Lands he hath what estate he hath in them that the Lord may seise them and what other things he hath And if any Villaine withdraw his Goods out of the Lordship without license of the Lord or if a free man marry a Villain woman without the license of the Lord it is inquirable Note If a Villaine purchase Lands and doe not alien them before the Lord enter into them the Lord shall have them
she may and after the Son is born he cannot enter upon the Daughter and be Heire and Tenant to the Lord Plowd Com. f. 56. 5. Ed. 4. f. 6. By Tearmes of the Law thirty and Wilby if a man Tenant seised of Land in Fee dies seised his Wife privily being with Child with a Son and another man marryes her and after the Son is born he shall be adiudged the Son of the second Husband and not of the first Husband and shall be Tenant to the Lord of the Land of the second Husband and Berrey Justice said that the Infant might choose which he would for his Father 21 Ed. 3. f. 39. Otherwise it is if she had been great with Childe If a Woman be with Child by her Husband Tenant or by another it shall not be tryed but if she be with Child at the time of the death of her Husband or not shall be in Issue for by 1 H. 6. f. 3. If the Wife of J.S. go away with an Adulterer and hath Issue if J.S. her Husband be within the foure Seas the Issue is Heire of J.S. for by whom the Woman is with Child it cannot be tried and for that it shall be intended by J.S. 41 Ed. 3. f. 11. and 7. H. 4. f. 9. the same If a man marry a Wife which is great with Child by another man and within three daies after Marriage she is delivered and the Husband dies the Issue is lawfull and Heire and Tenant to the Lord and no Bastard 18. E. 4. f. 30. a. 24 H. 8. Br. Title Bastardy 44. it was said if a man marry his Cozen within the degrees of Marryage and have Issue and are divorced in their lives and by that the Marriage is avoided and the Issue is Bastard contrary if one dye before the Divorce 21 H. 7. f. 41. If a Deacon takes a Wife and hath Issue this Issue is no Bastard otherwise it is of a Marriage between a Fryer and a Nunn if they have Issue 11 H. 4. fol. 76. Sayd by our Law if one marry his Cozen their Issue is no Bastard till they are divorced but shall take by Discent 42 Ed. 3. fol. 11. If a man marry a Wife and living that VVife marry another and hath Issue by the second this Issue is a Bastard notwithstanding that the first VVife after dies and shall not take by Discent For that that in the same second Article of Charge it is inquired if any Tenant of the Lord be dead who is Heire and Tenant to the Lord let us now see where the halfe blood is impediment and where not TEnant gives Land to the Father for life remainder to Rich. his Son in taile The remainder to the right Heire of the Father the Father dies Rich. enters and dies without Issue of his Body his Brother of the halfe blood shal have the Land and not the Uncle of Rich. and shall be Tenant and the halfe blood is no impediment 39 E. 3. tit 5. A man Tenant had Issue by two severall Bellyes and dies the eldest Son enters and endowes his Mother the Heire dies without Issue the Tenant in Dower dies the youngest Son of the halfe blood shall inherit it and shall be Tenant 7 H. 5. f. 2. 58. Assises 6. accordingly Father seised of an Advowson in grosse hath a Son and Daughter by one Belly and a Son by another and dies and the eldest dies before presentment the youngest Son shall be Heir and the half blood is no impediment 3 H. 7. f. 5. Fitzh f. 36. O. If the Father Tenant hath a Son and a Daughter by one Belly and a Son by another and lets to one for life and dies and the Reversion is discended to his eldest Son which dies before the Tenant for life this is no possession that the Daughter shall have the Land but the Son of the halfe blood shall be Tenant to the Lord but if reversion of tearm of yeares were in the eldest Son which dies before the Tearm ended the Daughter shall have the Land and shall be Tenant to the Lord and not the Son for halfe blood is impediment 5 Ed. 4. f. 9. But in the case next before where there is a Rent reserved upon the Estate for life by the Father and the eldest hath the reversion and Rent and dies the Daughter there shall inherit and the halfe blood is an impediment to the Son to be Heire and Tenent yet if the Father dies and the eldest Son dies before payment of Rent there it is otherwise 35 Book of Ass 2. If a man Tenant hath Issue two Daughters by severall Bellies and dies and they enter and make division betwixt them if one dye without Heire generall or speciall her part shall escheate to the Lord and not discend to the Sister of the halfe blood but if that Sister hath an Uncle it ought to discend to him and if he enter and dies without Issue it shall discend to the Sister of the halfe blood see Littleton fol. 3. Natura brevium fol. 10. If a man Tenant hath three Daughters by on Belly and a Daughter by another and dies and the foure Daughters enter and two of them by the first Belly dye now the third of the whole blood shall have three parts and shall be Tenant of that to the Lord 10 Ed. 3. Tit. 13. and 10 Ass 27. accordingly Note that the possession of a Brother to make the Sister inheritor and not the Son of the halfe blood is only of fee and not of fee taile 32 Ed. 3. Tit. 8.37 Book of Ass 15. accordingly If the Donee in taile have a Son and a Daughter by one Belly and a Son by another and dies and the Son of the first Belly enter and dies seised without Issue the Son of the second Belly shall be Heire and Tenant to the Donor and not 〈◊〉 the Daughter Natura brevium fol. 147. If a man hath a Son and a Daughter by one Belly and a Daughter by another and Lands are given to the Father for life the remainder to the Son in taile the remainder to the right Heires of the Father the Father dies and the Son enters and dies without Issue the two Daughters shall be Heires and Tenants to the Lord for the Son was not actually seised of the Fee 5 Ed. 1. Tit 14.32 Ed. 3. Tit. 9.24 Ed. 3. fol. 24. and 37. Book of Ass 4. accordingly The possession of the Brother of Lands held by Knights service there the possession of the Guardian if the Son dyes in Ward is possession of the heire to make the Sister inherite and to be Tenant to the Lord and not the Son of the halfe blood 8 Ed. 3. tit 12. and 8 Booke of Ass 6. accordingly Lands discends to two Coparceners which are by severall bellies and one dye before entry into the Land the other shall have Mortdancester as heire of her Father of the whole Land for that that the other was never seised 34
she be of the age of 14 years there she shall be in ward but to the age of 14 yeares and then may sue Livery for the two years to make 16 years are not given but to tender marriage and for that she shall be out of ward at 14 years The husband seised in fee of Lands held in Knights service enfeoffs diverse at this day to the use of himselfe and his Wife and the heires of their two bodies begotten and for default of such Issue to the use of the right heires of the Husband and the Husband and the VVife have Issue within age and the Husband dyes though the VVife live and hath the Land the Issue shall be in VVard of the body as it is sayd The same Law where a man seised in Fee of Lands held by Knights service makes a gift in taile to J. S. the remainder to his right heires and dyes his Issue within age he shall be in ward of the body though Tenant in taile have the Land If a Reversion of an Estate for life or for yeares be in my Father and that discends to me I shall be in ward but otherwise it is of a Remainder but if a Remainder of an Estate for life be in my Father and that discends to me and after Tenant for life dyes I shall be in ward 11 H. 7. fol. 19. 33 H. 6. fol. 6. 8 Edw. 3. tit 23. and 33 Edw. 3. tit 8. By Choke If Infant be Tenant for life and the Reversion discends to him he shall not be in VVard 9 Ed. 4. fol. 19. Where an Estate is to an Husband and his VVife and to the heires of the body of the Husband the remainder to the right heires of the Husband the Husband hath Issue within age and dyes the VVife is Tenant to the Lord and for that the Issue shall not be in ward And if Lands be let to one for life the remainder to the right heires of J. S. the same J.S. dyes and Tenant for life dyes T. S. being right heire of J. S. and within age shall not be in ward for he is a purchasor 15 Ed. 4. fol. 10. Tenant for life the remainder to another in taile he in remainder dyes his Issue within age the Issue shall be in VVard if Tenant for life be dead 33 H. 6. fol. 6. Tenant for life the remainder in Fee dyes his heir shal not be in VVard for Tenant for life is Tenant Lord and Tenant the Tenant is disseised and dyes his Issue within age he shall be in VVard Fitzh fol. 142. B. C. D. Stamf. fol. 8. the same 3 H. 4. fol. 16. the same Littleton fol. 87. the same Lord and Tenant the Tenant hath a Daughter within age being his heire and he marries that Daughter to a Husband of full age and dyes the Lord shall not have VVard of the body but if he marry his Daughter to a Husband within age shee shall be in VVard Natura brevium fol. 98. Tenant for life the remainder in taile to the Husband and his VVife the remainder to the right Heires of the Husband the Husband and the Wife dye his heire within age living the Tenant for life the heire shall not be in ward Fitzh 143. A. A man makes a Feoffment before the Statute of Uses to the use of himselfe for life the remainder to W.S. in taile the remainder to the right Heires of the Feoffor the Feoffor dyes and W.S. dies without Issue the right heire of the Feoffor being within age shall be in ward for he is in by discent for the Fee was not out of the Feoffor But where one makes a Feoffment in Fee upon condition to re-enfeoffe him and the Feoffee gives to the Feoffor for life the remainder to another in taile the remainder to the right heires of the Feoffor and the Feoffor dyes and he in remainder in taile also dyes without Issue the heire of the Feoffor within age he shall not be in ward 32 H. 8. tit Ward 93. Estate is made to one for life the remainder to the Husband and Wife in taile the remainder to the right heires of the Tenant for life the Husband and the Wife have Issue a Son which hath Issue two Daughters and after the Son and the Wife dyes and after the Son dyes and after the Tenant for life dyes the two Daughters within age shall be in Ward 28 Ed. 3. tit 48. Marlebridge chap. 6. Gives the Lord remedy where his Tenant aliens by Collusion to defraud the Lord. Marlebridge chap. 16. Gives Mortdancester for the heire in Ward against the Lord unlesse he may have his Land at full age Prerog chap. 6. If a Woman before the death of her Ancestors which holds of the King in cheife before the yeares of marriage be marryed then the King shall have the Custody of her body till the age that shee may consent and then let her choose c. If an Infant be marryed before the yeares of marriage in the life of her Father and the Father dyes and the Wife dyes before the dayes of marriage of an Infant yet the Infant shall be in VVard and shall be marryed againe by the Lord Stamf. fol. 27. 5 Mar. tit Ward 124. it is held That marriage is as nothing for shee may marry another without Divorce within the yeares of marriage A gift is made to one in taile the remainder to the right heires of J. S. which was dead T. S. hath that as right heire but if he be within age he shall not be in VVard for he is in as purchasor 12 Ed. 4. fol. 2. 7 H. 4. fol. 5. 11 H. 4. fol. 72. 15 Ed. 4. fol. 13. the same A VVoman of the age of fifteen yeares at the time of the death of her Ancestor shall not be in VVard for the Lord shall not have VVard there till sixteen 35 H. 6. fol. 48. 28 H. 8. tit 86. If the King hath a woman in VVard and shee marry before fourteen shee shall be in VVard but to fourteen for the two yeares are given to tender marriage and shee is marryed See Westminst 1. chap. 22. Merton chap. 6. Gives ravishment of VVard and double value And Merton chap. 7. gives the value of the marriage West 2. chap. 12. Magna Charta chap. 6. The heires shall be marryed without disparagement Merton chap. 7. Of Lords which marry those that they have in their custody to Villaines or others as Burgers where they are disparaged If such an heire were within fourteen yeares and of such yeares that shee cannot consent to the marriage then if the Parents complaine of that Lord the Lord shall loose the custody till the age of the heire c. But if shee were of fourteen yeares and more and agreed to such marriage no punishment follows Littleton 21. See what are disparagements and what not Now let us see where your Lord shall loose the ward for that that he holds part in cheife and what
which abjured and for which he is hanged and for that it is said if one rise against the King and is slain that he shall not forfeit his Lands untill he be afterwards attaint by Parliament as in use 7 H. 4. fol. 33. the same 7 H. 4. fol. 48. See Stamford fol. 49. The King shall have yeare day and Waste and Chattells forfeited Fitzh 144. It seemeth that the King shall have yeare day and waste where one is convict of Felony and that is the next yeares profits for if one taketh the profits that yeare and day the Lord shall have a Writt to the Sheriff to deliver him possession and he which hath taken the profits shall answer to the King for that Fitzh 144. N. The King shall have the escheat of Tenements in Cities and Borroughs which are held of him in fee farme Fitzh 6. b. The King as it appeares by the Register shall have a Writ of escheate returned into the Kings Bench for the King may sue in what Court he will 31. Ed. 1. tit discent 17. f. If the Son and Heire of A. be Outlawed in the time of his Father of Felony and after he purchase his Charter of pardon in the life time of his Father and after the Father dies he shall not have the Lands descended from his Father but the Lord of whom they are held by escheate 9 H. 5. fol. 9. the same 1. Ed. 1. tit discent 15. the blood is corrupt which cannot take by discent 26. Of the booke of Assises 2. If the Son be attainted of Felony in the Life time of his Father and hanged his Sister shall have the Land by descent from the Father and it shall not escheate 46. Ed. 3. tit discent 6. If the Father have a Son and a Daughter and the Son be attaint of Felony in the life time of his Father and dieth there the Daughter shall have the Land and if he survive the father then the Lord by escheate 8 Ed. 1. tit Assise 421.49 book of Ass 4. 3. booke Assise Where the Tenant grants a rent-charge out of his Land and after that escheates the Lord shall hold this charged but otherwise it is where a Tenant which holds of the King chargeth and dieth without Heire 4 Ed. 4. fol. 2. If that be found by Office yet it cannot be Natura brevium 103. In a Writ of Escheat it is no Plea that he died not seised but it is a good Plea that he did not dy his Tenant Fithz 144. C If the Tenant be disseised and after dieth without Heire it seemeth the Lord shall have a Writ of Esch eate for that that his Tenant died in his Homage 2 H. 4. fol. ninth the same Fitzh 144. If a man be beheaded for Felony or dy after Judgment before he be put in execution by the Officer yet the Writ shall say for which he was hanged Na Bre fol. 104. the same 11 H. 4. fol. 16. One may have escheate and ward before he be seised of the services Littleton 106. if a Signiory be granted by fine See 2 and 3 Ed. 6. chap. 8. Where one hath a Rent c. The King is intitled to the Land by attainder and that is not found in the Office yet he himself shall have his Rent by the Statute And it is to see now where a forfeiture shall be of Goods onely and not of Lands and where not ONe indicted that he killeth one in defending himself by Fairefax he shall be arraigned and shall loose his Goods 21 Ed. 3. fol. 18. and shall not forfeit his Lands 4. H. 7. fol. 2. fol. 18. Where one killeth one in defending himselfe or by mischance he shall forfeit his Goods and not his Lands Stamford fol. 45. If one kill another by misfortune he shall forfeit his Coods and it behoveth that he have his pardon of grace Stamford fol. 185. the same 26 H. 6. fol. 6. the same and he shall not forfeit his Lands 2. H. 4. fol. 20. One arraigned pleads not guilty and it was found that the dead struck the other to the ground and for haste fell upon the blade of him that lay upon the ground he lying upon the ground shall not forfeit his Goods but if it were found that he kils him in defending himself it is otherwise 44 Ed. 3. fol. 44. 49. Ed. 3. fol. 5. Where a man is indebted to a man attainted by specialty the King shall have it contrarily if it be without specialty for the Debtor may wage his Law against him which is attainted contrary against the King but in the Exchequer it was held that debt to be forfeit to the King 16. Ed. 4. fol. 4. A man cannot wage his Law against the King 50. Ed. 3. fol. 1. Stamford 183. See forfeiture upon he made his flight and fol. 184. upon an Exigent awarded and fol. 185. upon a Clerk convict and fol. 187. of Lands and of a thing in action and so further of Forfeiture Clerke convict shall forfeit all his Goods but not his Lands but the Clerke attaint shall forfeit his Lands 40 Ed. 3. fol. 42. Fitzh fol. 66. yeare 20 Ed. 4. fol. 5. Clerke convict shall forfeit his Goods notwithstanding that after he makes his purgation which now is not made by the Statute of 18. Eliz. chap. 7. And then he shall forfeit the Issues of his Lands till he hath made his purgation 8. Ed. 2. Forfeiture 34. and Stamford fol. 185. A Clerk convict is not out of the Law as an Alien is for his Heire shall inherit his Lands after his death 3. H. 7. fol. 12 and 21. H. 7. fol. 31. A Woman out of her wits killeth her Husband she shall forfeit nothing Stamford fol. 45. Where a man distracted kill one he shall forfeit nothing 3. Ed. 3. forfeiture 25. Executors Outlawed shall not forfeit the Goods which they have as Executors nor by attainder of Felony 32 H. 6. fol. 34. By award of Exigent in Felony though he be acquitted afterwards his Goods are forfeited 44 Ed. 3 fol. 17 and Stamford fol. 184. D 22 booke of Assises 81. By award of Exigent Goods and Profits of his Lands are forfeited if the Exigent be not erroniously awarded Stamford fol. 47. If one be indicted upon the view of the body before the Coroner of death all his goods are forfeited though that he be acquit afterwards Stamford fol. 45. See 5. H. 4. 13. H. 4. fol. 15. If a man be convict of Heresie and be delivered to the Lay power his Goods are forfeited though that he be not put in execution but his Lands he shall not forfeit unlesse he be put to death Doctor and Student fol. 14. One killeth himself he shall forfeit his Goods and not his Lands 3 Ed. 3. Tit. Coron 201. 8. Ed. 2. Tit. Corone 420. The Goods of them which hang themselves are confiscate 8. Ed. 4. fol. 4. One put to his penance shall not forfeit his Lands but Goods 14. Ed. 4. fol. 7. For
nothing there but the passage and 8 H. 7. fol. 5. by Keble the Soile and Free-hold in the way is to those which have Land adjoyning 2. Ed. 4. fol. 9. Where there is a common way throughout a Feild the Free-hold of the Soile is to the Tenant of the Land adioyning and not to the King for he hath but passage for his People Incidents A Man cannot dispence with a Suite to a Leet unlesse by speciall words 8. Ed. 2. tit 28 2. H. 7. fol. 4. Partition is made of foure Mannors which descend to foure coparceners that every one shall have a Mannor except the Advowson and by that the Advowson is ingrosse and severed and if all dy but one it shall be appendant again 8 H. 7. fol. 1. By grant of a hundred Leet passeth as Incident for a Hundred cannot be without a Leet for a Leet is parcell of it and to a Mannor a Court Baron is Incident and to homage fealty and to a Faire a Court of Pipouders and it seemeth these cannot be severed Perk. fol. 22. Common appendant cannot be severed nor Estovers to be burned in a House but a Villian regardent may be severed and an Advowson appendant and made in grosse for an Incident inseperable cannot be severed by grant as in the case next before but Incidents seperable may be 40 Ed. 3. fol. 22. Beasonable aid to make his Son Knight or to marry his Daughter and releife for soccage after the death of his Tenant cannot be released by generall words therefore release of all actions and demands besides fealty and Rent by the Lord to the Tenant shall not extinct these Incidents the contrary is said if it be by speciall words 19. H. 8. tit Incidents 34. Court-Baron is so incident to a Mannor and Court of Pipowders to a Faire that they cannot be severed by grant for if they grant the Mannor or Fair they cannot reserve such Courts 7. Ed. 4. fol. 11. Lord and Tenant the Lord releaseth to the Tenant the distresse this is void for the distresse is Incident the same of release of Fealty to him which holds by Homage for Fealty is Incident to Homage and is inseperable 26. booke of Assises 66 Lord and Tenant by Fealty Escuage and Rent and the Lord grants the Rent this is Rent seek and severed for Fealty remaines with the Homage as Incident to it the same Law where a Rent is Incident to a Reversion and yet these may be severed by speciall grant 29. booke of Assises 20. the same Littl. fol. 40. Where the Tenant holds by Homage Fealty and Rent if the Lord grant the Rent saving to him the Homage this Rent is Rent Seck and severed the same Law if he grant the Homage saving the Rent and where he holds by Rent and Fealty and grants the Rent saving the Fealty or left for life rendring Rent and grants the Rent saving the Reverson the Rent is Seck Rescous and pound breach is another branch of the Charge HE which destraines Beasts may put them in a close House if he will give them meate for the putting into the open pound is that the owner may give them meate 33. H. 8. tit distresse 66. If a man destraine without cause the owner may make Rescous but if he put them into the pound he cannot breake it for they are in custody of the Law see 40. Ed. 3. fol. 33. and Fitzh fol. 102. E. It seemes if a Lord destrain where Rent is not behinde the Tenant shall not make Rescous 4 Ed. 6. tit distress 74. If a man destraine wrongfully the owner may make Rescous 5. Ed. 4. fol. 7. by Danby 39. Ed. 3. tit 20. If Beasts put into the pound dye it is at the losse of the owner though he have tendred sufficient mends for he might have a Replevin Doctor and Student fol. 8.113 I may impound a dead thing where I please but if that corrupt by my default I shall answer for it 9. Ed. 4. fol. 2. Fitzh 102. L If the Lord do destraine where is no Rent nor service behinde the Tenant cannot make Rescous 9. Ed. 3. fol. 35. If a man destraine wrongfully the owner of the Beasts may make Rescous but by 4. Ed. 6. it was agreed if he destraine and impound them the owner cannot take them out for they are in custody of the Law 5. Ed. 4. fol. by Danby the same 2. H. 4. fol. 18. If a man destraine my Beasts which escape into his Land out of the great waste I may rescue them but if I keep them or put them there or by Hankford if I have notice that they use to go there this is no escape and there I ought not to make Rescous see 7. H. 7. tit 1. 2. H. 4. fol. 24. In Rescous nothing behinde and also that he was never seised and are good Pleas Quere 5. Ed. 4. fol. 7. Seising is not Traversable in Rescous by opinion there 6. Ed. 4. fol. 12. The same 8 H. 4. fol. 1. 21. H. 4. fol 40. By the Court where the Lord comes to destraine and sees the Beasts and the Tenant perceiving that chaseth the distresse out of his Fee the Lord shall not have a Writ of Rescous for he hath no possession of the Beasts but he may follow them and destraine them but if they were chased out of his Fee before the Lord see them there he cannot destraine them 44. Ed. 3. f. 20. the same Fitzh N. B. 102. G. 33. H. 6. fol. 58 A man attacheth a Horse in a corporate Town and there he is rescued and chased into another County upon fresh Suite the Officer may take him againe 6. Ed. 4. fol. 12. By Yelverton in Rescous nothing behinde is no Plea for if the Lord destraine where no service is behinde the Tenant is at no mischeife for the Tenant may have a Replevin and in this Writ recover his damages Fitzh 101. Rescous lieth where a man destraines for Rent or for services or damage doing and those would impound and another Rescues them and if a Collector or under Collector distreine for a fifteenth or a Bailiff or a Sheriff or other Officer distraine for the King and Rescous is made they shall have a Rescous and not the King but if a Bailiff of a Liberty distraine for the King and Rescous is made the Lord of the Liberty shall have Rescous and if the Bailiff or Officer of a common person distraine Rescous is made he which causeth the distresse to be made shall have Rescous 39. H. 6. fol. 42. Redisseisin to Coroners and one alone maketh a precept Rescous upon that is Justificable Assaults and Fraies For that that Assaults and Fraies are inquirable let us see which are punishable in a Leet and what not AS Saults are not inquirable and punishable by presentment in Leet but blood-shed is 8. Ed. 4. fol. 5. By Fairefax Leet hath no power to inquire but of those which make common annoyance at the common Law as of
forfeit Littleton f. 15. If a man lets a Mannor for years in which there are copy holders and after a copy-holder dies surrender and admittance by the Lord the termor in Court of that Mannour is as well as if he had the fee simple 4 Mar. tit Copy Br. 1.7 Copy-holders shall not have false Iudgement for then they shal be restored to the freehold or shal not lofe the free-hold but ought to sue by Bill that is to say by Plaint in Court 7 Ed. 4. f. 19. the same Littleton f. 16. They shall not be impleaded by the Kings Writ but by Plaint in the Lords Court in nature of what tâ—â— VVrit will Nat. Brevium fol. 16. Coppy-holders have an Estate of Inheritance according to the custome of the Mannors yet they have no Free-hold by the course of the Common Law Littleton fol. 16. Tenant by Copy shall make scalty to his Lord and Tenant at will by the Common Law Lit. fol. 17. It is said though Coppy-holders have Inheritance according to the custome yet they have but an Estate at the will of the Lord according to the course of the Common Law and cannot have Frespasse against their Lord yet they may bar their Lord in trespass brought by the Lord against his Coppy-holder as it appears lit f. 15. and 16. Tenant by the Verge in ancient Demesne LAnds hold by the Verge are not pleadable by the Kings Writ but by Bill for that that the Free-hold is in the Lord but there is a diversity between plow-holders of frank tenure and Plow-holders of base tenure which are dwelling in ancient Demesne for Plow-holders of Free-hold are pleadeable by a Writ of Right close but Plow-holders of base tenure are those which hold by Verge at the Will of the Lord and the Free-hold is in the Lord and are not pleadable by a Writ of Right close 14 H. 4. fol. 1. and 34 Fitzh fol. 14. C. Tenant by coppy which holds by the Verge in ancient Demesne commits Felony and was attaint the King hath yeare day and waste for that that the Free-hold was in the Tenant in ancient Demesne and yet they have no other evidence then copies of Court Roll otherwise it is of meere Coppy-holders which are out of ancient Demesne for the Free-hold is in the Lord I have seen in the County of North Coppy-holders of frank tenure out of ancient Demesne and have used a Writ of right close and have no other Evidences but by coppies according to the custome of the Mannor but their Coppies are not at the will of the Lord 3 Ed. 3. Tit. Br. 22. Stamford fol. 50. Fitzh 11. Coppy-holder of a base tenure shall not have a Writ of Right close but ought to sue by Bill in the Lords Court Nat. Bre 11. Right close lieth alwaies between ploughholder and no plow-holders may implead another plow-holder of Lands within ancient Demesne unless by this VVrit and shall make his protestation to sue in nature of what Writ he will Britton fol 16â— Calls Tenants in ancient Demosne Plow-holders and saith that Plow-holders are such which gain our Land Fitzh 14. D. Those Tenants in ancient Demesne which hold by the Verge by Coppy at the will of the Lord shall not have Monstraverunt against their Lord. Where a Coppy-holder enters and dies before be was admitted Tenant IT was held in the case of one Horewood that where a Coppy-holder hath a Daughter by one Belly and a Son and a Daughter by another and dies and after the Son enters and dies before admittance that the Daughter of the second Belly shal have the Land for it is a possession of the Brother and so it was adjudged in the case of one Stegnes These Cases following I heard agreed for Law IF Tenant by Coppy surrender generally into the hands of the Lord and it do not appeare who shall have the Land nor to what use the surrender is then the Lord shall be seised to his own use If Tenants by Coppy let for yeares by license of the Lord and after release to the Lessee by these words in the Court remise and release it is void for that it ought to be surrendred into the hands of the Lord and then the Lord ought to grant the Reversion to the Lessee for by Littleton fol. 15. It cannot passe without surrender and yet a Release is used of Coppy-hold in the Court in presence of the Steward If the Lord grant parcell of his Demesne Lands to hold by Coppy to one and his Heires this Coppy is not good but at the will of the Lessor for one cannot make Coppy-hold at this day but that shall be by prescription which hath been demised and demisable by Coppy time out of minde c. But if a Coppy-hold escheate to the Lord or he enter in that by forfeiture and at this day grant that over to J.S. by Coppy this is good Coppy and yet in 13 H. 4. fol. 7. If Lands in ancient Demesne are escheated and the King seiseth them and grants them over to J. S. they are frank fee and not ancient Demesne 6 H. 4. fol. 2. But if a Coppy-hold shall be escheated to the Lord and twenty yeares after that he grants them over by Copy againe they are Copy-hold as they were before for that that this Land hath been demised and demisable time out of minde c. If two be Joyntenants by Copy and one of them makes waste in all the Land that shall not be forfeiture but for his part and also if a stranger cuts Trees and makes waste without assent of the Coppy-holder it is no forfeiture If the Lord of a Mannor to which there are Coppy-holders grant by Copy the tenements of one tenant Coppy-holder without just cause to another Tenant in Fee or for life and the Grantee enter by vertue of that grant this Tenant which hath right and which was admitted before may have a plaint in nature of an Assise of novel disseisin against the Grantee If the Husband surrender into the hands of the Lord to the use of his Wife and doth not say A. his Wife it is a good surrender for she is certainly known by that name the same Law is if one surrender into the hands of the Lord to the use of J. his Son and hath two Sons named J. it is to the use of that J. which it is ment to If Tenant by Copy surrender his Lands by custome of the Mannour to two good men out of the Court to the use of a stranger and that made for Money paid he which surrendred cannot countermand his surrender before the two good men have presented it at the next Court for it is much like acknowledging of a Fine before a Justice of Record but where the surrender is to two to the use of his Wife or Son and not to a stranger for Money paid by one lying in extreamity in perill of death and after he revives he may well countermand his
23 H. 8. chap. 15. If any be troubled by attachment or arrested by Latitat or in London or in a Court which hath liberty to hold Plea and no Count be put in within three daies after the Baile put in otherwise appeares unlesse the Court of discretion gives longer day the Defendant shall recover costs and dammages the same Law is if a Suite be discontinued after Count or that the Plaintiff be non-suited then the Defendant forthwith by discretion of the Court shall recover costs and the Statute gives Debt for the costs 8 Eliz. Chap. 2. But one arrested by Bill of Middlesex shall not recover costs though the Plaintiff do not count to be nonsuited If a matter passe against an Informer by Verdict or Judgment the party shall have costs and shall have execution by a Capias to satisfie fieri facias or Elegit but these two last Statutes do not extend to a Court-Baron 18 Eliz. C. 5. 22 H. 8. B. Tit. Costs 25. in quare impedit the Plaintiff shall not recover costs for that the dammages are great 35 H. 8. Tit. 258. 2 Ma. Tit. Costs 23. Debt by Lessor if he be non-suted or bar'd the Defendant shall recover costs by the Statute for it is upon a contract for Rent 2 H. 7. f. 13. Account the Plaintiff shall not recover costs but where the Defendant is adjudged to account and pleads Barr c. It is otherwise 9 H. 6. fol. 66. He shall not recover costs for that the dammages are tremble by the Statute 14 H. 6. fol. 13. forcible entry the same In London by act of common Councell in trespasse by force of Armes and in all other Actions personalls if the Plaintiff be non-suited or a Verdict against him and Judgment upon it or Judgement upon demur against him the Defendant shall recover his costs by discretion of the Court but if the Plaintiff sue as Executor or Administrator which is not upon his own act the Defendant there shall not recover costs and yet trespasse by force of Armes is not within the Statute 23 H. 8. chap. 14. to have costs Damages IT seems if one take my Beasts and after they return to me again I shall have trespasse for taking but upon the evidence I shall not recover the value though the value be in the Writ 11 H. 4. fol. 23. 1 H. 6. fol. 8. 19 H. 6. fol. 34. In what plaints Damages shall be recovered in Court-Barons and in what cases in Court-Barons and other Courts and in what not In plaint in nature of Assise of novell disseisin Grandfather and Great Grandfather Entry by disseisin Dower Nuper obiit Mortdancester Cozenage Replegiare Covenant Debt Action upon the Case Deceit and trespasse Damages and costs shall be recovered by the Plaintiffe Eight Marks were given in plaint of Land in Court-Baron Plowdens Commentaries f. 394. B. If any avow for Rent or doing damage custome or service if the Plaintiffe be non-suited or otherwise barred then the Avowant shall recover damages and costs as the Plaintiffe ought See 19 H. 8. fol. 8. 12 H. 8. chap. 19. Rast tit Avowry 1. Discent THen for that that the second Article is to inquire who is Tenant and what advantage the Lord shall have by the death of his Tenant It behoveth to know who is in by discent to be your Tenant that you may know of whom to have releife and who to be in Ward and who not and who shall be sayd in by discent and where by purchase and where hee shall not be in by discent Gift to one in taile remainder to the right heires of J. S. which was dead T. S. hath that as right heire and is in by purchase and shall not pay releife nor be in ward 40 Ed. 3.9 32 Ed. 3. Fitzh Discent 8. Lord and Tenant the Tenant aliens in Mortmain and the Alience is disseised and the Disseisor dyeth seised his Heire is in by discent yet the Lord may enter within the yeare for he hath only a Title to enter and cannot have an action but contrary of him that hath right of entry and may have action 1 Ed. 6. Tit. Mortmaine 6. Bro. Lease for life the remainder to the right Heires of J.S. the Tenant for life dies living J.S. the remainder is void and J.S. nor his Heires shall not be said in by discent to pay releife nor otherwise shall have the Land as purchasor 9 H. 6. f. 24. Perkins f. 12. the same Lease for life the remainder to the right Heires of J.S. and J.S. dies Tenant for life hath aid of T.S. Son and Heire of J.S. and though he were within age he shall not have his age and shall not pay releife nor be in ward if they hold by Knight service and be within age for that he is in as a Purchasor 11 H. 4. f. 74. Lease for life the remainder to another in taile which dies his Issue within age and after the Tenant for life dies the Issue is in by discent and if he be within age and hold by Knight service he shall be in ward to the Donor 33 H. 6. f. 5. And for that that in the said second Article of Charge you ought to inquire if any Tenant be dead who is his next Heire Let us now see where a Woman is with child at the time of the death of her Husband Tenant and by whom she shall be Judged with child and who shall be said in after the death of the Husband as Heire and shall be Tenant to the Lord and who not IF the Husband Tenant dye seised and his Wife with Child and a Brother of the Husband enter as Heire as he may and after Issue is born this Issue is Heire to the Husband and Tenant to the Lord and not the Brother though he were Tenant and Heire before the Issue was borne 41 Ed. 3. fol. 11. A man Tenant hath a Daughter his Wife with child with a Son and makes a Feoffment upon condition and dies and the Daughter enters for the condition c. and after the Son is born this Son shall not be Heire nor Tenant of this Land the same Law is where there is a Lease for life the remainder to the right Heires of J.S. Tenant for life dies the Daughter enters and after the Son is born he shall not be Heire and Tenant of that Land 9 H. 7. f. 25. Plow f 56. Daughter enters after the Death of her Father Tenant and takes profits and after the Son with which the Wife was with child is borne he may enter and have that as Heire and shall be in by discent and Tenant but hath no remedy for the profits taken by the Daughter before he was born 9 H. 6 fol. 26. If a Woman Tenant seised in Fee hath a Daughter and being with Child with a Son the Husband dies and after the Wife is ravished and consents to the Ravishor and the Daughter enters by the Statute as next of blood as
where the Lord prescribes to have the best he may seise for that that it is certaine 6 Ed. 3. Tit. but inquire Who shall pay Hariot and who not and when it shall be paid and what remedy upon putting it away ISsue in avowry if he die his Tenant for the Lord shall have Hariot though that the Tenant do not dye scised for it is sufficient if he dyed his Tenant though that he did not dye seised 44 Ed. 3. fol. 13. Br 1. and 7 H. 4. fol. 17. The Husband and Wife and their Son purchase lands joyntly hariotable and the Husband dies the Lord shall not have a Hariot till after the death of the last of them 24 Ed. 3. fol. 50. Br. 4. and Fitzh 3. 25 Ed. 3.7 and 19. R. 2. tit Hariot 5. Where a man dies seised of two Houses hariotable the Tenant shall pay two Hariots and note there the prescription that a Parson shall have the best Mortuary and the Lord the second best and if the Lord shall have the second best was the Issue taken 7 H. 6. fol. 26. Br. 3. Beasts which are remaining within the Fee of the Lord if they be removed out of the Lordship the Lord may take them for Hariot where he is to have Hariot after the death of every Tenant 27 Book of Ass 24. If my Tenant which holds of me by a Hariot aliens parcell of his land to another every one of them shall pay Hariot for that that it is intire 34 Ed. 3. Fitzh 3. After the death of a Prior Hariot shall not be paid for that he hath no property in the Beasts 32 Ed. 2. Fitzh 7. If a Husband Wife and their Son are seised for their lives the remainder to their said Son in taile after the death of the Husband the Lord shall not have a Hariot for he was not sole seised 24 Ed. 3. Tit. 3.19 R. 2. Tit. 5. The same for it is said there that if one do not dye sole Tenant there shall be no hariot paid Recordare longum If the Lord purchase the Tenancy held by hariot service then the hariot is extinct by the unity of possession for that that it is service annexed to the Land but I intend that it is otherwise of hariot custome where the Lord grants over the land 14 H. 4. f. 8. and 8 H. 7.11 Note that hariot is due immediately after the death of the Tenant Trespasse the Defendant as Lord may justifie taking of hariot within his Fee or if the taking were out it is good and the conveying it out is to no purpose but that the Lord may seise hariot out of his Lordship for it is not in case of the Statute where the Lord distraines within his fee for his services 19 R. 2. Fitzh 5. The Lord may seise Hariot which is the best Beast that his Tenant hath which held of him by hariot though they be in some place out of his Mannor for that that it is certaine 6 Ed. 3. Fitzh 4. If one which holds by hariot service to pay the best Beast dies and hath a Cow at the time of his death which is the best though that the Executors sell that the Lord may seise that in the hands of him to whom shee is sold if the Sale be not in an open Market and not there if without fraud 16 Ed. 3. Fitzh 2. By the custome of some Mannor and of most Mannors the Lord shall have only one hariot upon the dying seised of his copy-holder and discent and not upon every surrender But by the custome of some Mannor hariot is due upon every surrender for life in taile or in Fee as well as upon discent and that in nature of a hariot custome at the Common Law and by the custome of divers Mannors the Lord hath no hariot of some of his Tenants within the Mannor and of some he hath The Lord may seise for hariot custome the hariot and is to seise that of the Goods of the dead and for hariot service to distraine upon the land If a Copy-holder of Inheritance of lands hariotable lying in extreamity upon his bed surrender into the hands of two Tenants to the use of his eldest Son in Fee and dies before that surrender be presented in the Court the Lord shall have hariot but if this surrender had been presented in Court and the eldest Son had been aâ—â—â—ted accordingly and after the Father had dyed there the Lord shall have no hariot unlesse it be hariot custome due to him onely by custome upon every alteration and exchange of Tenant for life and in Fee The same Law is if the Father copy-holder of Land hariotable surrencer in the Lords Court to the use of himself for life of the Son of his Daughter for life and after to the use of the Son of his Daughter and to the Heires of the Son and they are admitted accordingly and after the Father dies the Lord shal not have hariot unlesse it be hariot by custome due upon every Estate for life in tail and fee upon every surrender which is due by the custome but in this case if the hariot were due by the death of his Tenants and discends to the heire only then the Lord shall not have the hariot If the Father being a Copy-holder of Inheritance or by the custome the Lord is to have Hariot upon every discent only and he lying in extreames surrenders into the hands of the Steward to the use of his eldest Son and his heirs and dies and after that surrender is presented in Court and he is admitted accordingly it seems that the Lord there shall have a hariot But if the Father being Copy-holder of Inheritance or by the custome the Lord having Hariot upon every discent only surrender in full Court to the use of his eldest Son and his heirs and the eldest Son is admitted accordingly and after the Father dies there the Lord shall have no Hariot So it seems if in this case the Father surrender to the use of himselfe for life the remainder to the use of his eldest Son and his heires and they both are admitted accordingly and after the Father dies there the Lord shall not have hariot 34 Ed. 3. Statham If my Tenant which holds of me by a hariot alien parcell of that land to another every of them is charged to me of a hariot for that it is intire and though the Tenant purchase the land again yet if I be seised of a hariot by another man I shall have of him for every portion a hariot and that by the opinion of Wilby and Sharde 4 Ed. 3. Statham Tit. Avowrie one avowes for hariot Plaintiff demands Judgement for that he doth not allead â—â—eisin of the hariot and it seemes of hariot custome he need not to alleadge Seisin but otherwise it is of hariot service 6 Ed. 3. Statham Tit. avowrie if one avow for hariot custome he shall recite the custome in his Avowrie 24 Ed. 3. Statham
himselfe and partakers and let them contribute the same Law is of Joynt-Tenants Marlb chap. 9. Fitzh 162. C. Where two Coparceners make partition and one aliens her part to one and the other heâ— part to another the Lord may distraine which he pleaseth but if one make the suit that shall discharge the other 24 Ed. 3. Tit. Br. 4. By Tremaile it is said that suit reall is due by reason of the Body that is for that that the Body is resident within the precinct and not by reason of Free-hold and this is due at the Courts Royall as at the Courts of the King or Queen as at Leets and VVapontakes which are the Courts of the King or Queen and suit service is by reason of Free-hold that is by reason of their Tenure that is for that they hold of their Lord by suit to his Court 45 Ed. 3. f. 23. If a man have lands within the Precinct of divers Leets and be resident within only one he oweth Suit but to that and if he be distrained to come to another Leet he shall have a speciall Writ that he shall not distraine him and that is by Marlebridge chap. 10. Fitzh f. 160. B. If there be three or foure Coparceners and the eldest makes the Suit shee shall have a Contributione facienda Rastall County 2. against the others to be Contributaries the same Law is where one Joynt-Tenant makes the Suit for all by agreement Fitzh f. 162. C. and 1 H. 4. f. 3. A. If there be two Coparceners for which one Suit ought to be made and the eldest Sister will not make the Suit then the Lord may distraine the other Coparcener as well as the eldest and then she shall have a Writ against the eldest Sister to compell her to make the Suit Fitzh f 159. E. Fitzh 159. C. If lands discend to many Coparceners of which one Suit ought to be made if the Land be held of the King then all the Coparceners ought to make the Suit as well after partition as before during the time that one is in the Kings Ward The Signiory is suspended of another Lord which cannot distraine And so during the time cannot distraine for Suit to the Lords Court 13 H. 7. f. 15. Fitzh f. 158. C. Fitzh 158. Where the Tenant holds his Land to make Suit to the County-Court or to the Hundred or other Court-baron wapontake or Leet and he that ought to make the Suit is in ward to the King or to his Committee his Guardian shall have a Writ De exoneratione Secte if he be distrained Fitzh 157. a. And if he do the King or the Committee shall have a Writ of Exoneratione secte to surcease Fatzh 157. A. and 2 Ed. 6. chap. 8. Doth not alter in the common Law in this point for suit to the Court 4 Ed. 4. f. 23. and see 20 Book Ass 17. that the Signiory is suspended for the time Where one in ward of the King and oweth suit to another Lord which distraines him the King or his Committee may have a VVrit of Exoneratione secte during the time that he is in ward Fitzh 158. a. If the King hath Lands by Forfeiture or by Escheat and lets them for life or at will and the Lord of whom they are held will distraine for suit to his Court the Lessee shall have a speciall VVrit to surcease Fitzh f. 159. A. If Lands held of the King discends to many Coparceners then all the Coparceners ought to make the Suit as well after partition as before Fitzh f. 159. C. If Tenant of the King alien parcell of the Land held of him yet the King or his Officers may distraine one of the Tenants for all the Rent for though West 3. chap. 3. be that the Feoffee shall hold for that part that the Statute shall not binde the King but another person cannot distraine but for the rate Fitzh f. 335. a. But I say if one holds two Acres by suit of Court and aliens one Acre the Feostor and Feoffee shall make both suites 43 Ed. 3. f. 4. b. If two are severally infeoffed by one Tenant which holds of one Mannor of the King every of them shall make suit 45 Ed. 3. Tit. Barr 211. Suit by two is not severable for if the Lord purchase parcell the whole suit is extinct by Mowbray 40 Ed. 3. fol. 40. fee Littleton fol. 49. for suit cannot be apportioned for that that there cannot be contribution for the Lord cannot c. VVhere one holds forty Acres by Fealty and Rent and the Lord purchase twenty Acres of that the Rentin Assise shall be apportioned 4 Book of Ass 5.3 Book of Ass 18. Littleton f. 49. Time of Ed. 1. Tit. Avowrie 226. VVhere ten Acres are held by Fealty and Rent and these ten Acres come into severall hands the Lord may distraine every one but for his portion by West 3. chap. 3. for that is there shall depart from the cheife Lord that part of the service to be taken by the hands of the Feoffee according to the quantity of the Land Rent service shall be according to the value of the land purchased and not according to the quantity 18 E. 2. tit Rastall Attorney 4. Avowrie 218. Lord and Tenant and is seised of two Courts that is one in D. and another in S. and the Tenant holds of the Mannor of D. by suite to this Court and by agreement of the Lord the Tenant makes his suit to the Mannor of S. aster that the Tenant cannot have against the form of the Feoffment and disagree but the Lord may disagree and distraine him to come to his Court of D. againe when he pleaseth though it be that he hath come to S. by the agreement by forty yeares or more Nat. Bre. 106. 3 Ed. 3. Tit. Action upon the case 24. Partition is between two Coparceners of a Mannor that is that one shall have the Demesnes and the other the Services Suit of Court is suspended but if one dies without Issue the suit is revived 12 H. 4. f. 25. If land be held by suit and parcell of that comes to the Lord the intire suit is extinct and determined for the Lord cannot make contribution of suit to his own Court nor take that 34 Ass 15. Rastall Attorney 1. Every Free-man freely may make an Attorney to follow his suits for him to his Lords Court Merton chap. 10. and Fitzh f. 156. E. Contra formam Feoffamenti lies Where a man infeoffs another before the Statute of Qua emptores terrarum to hold of him by Homage Fealty and Rent by Deed and after he will distraine for suit or other services to be made by him and none shall have this Writ but the Feoffee or his heires Fitzh 162. E. Nat. Bre. f. 106. If the Lord confirm the Estate of his Tenant to hold by certaine service the Tenant shall have a contra formam Feoffamenti upon this confirmation 10 H. 3. tit avowrie