life brings a Writ of errour and reverseth the judgement and an estranger enters and he in the remainder brings a formedon 60. yeares after the death of tenant for life the action well lyeth by the branch of this Statute which speaketh of 50. yeares Because the action is not accrued untill after the reversall and a Writ of error is not an action nor a release of actions is not a plea in this and he in the remainder shall have error by equity of the Statute by him in the reversion A man grants a seigniory in grosse to one in tayle the remainder over in fee by Fine the Tenant attornes and after aliens in Mortmaine the Tenant in tayle enters and makes a feoffement of the Land and dies without issue no Scire facias is accrued to him in the remainder of the Land nor of the Rent Because the Land was not given and the seisin was determined by the entryof the Tenant in tayle and the Statute of Mortmaine saith that Capitalis Dominus intrabit retinebit in feodo and therefore is a perquisite to him and the Booke of 44. E. 3. is no rule that a Scire facias shall lie of the tenancy in lieu of the services A man leaseth for life the remainder over in tayle the Tenant for life leaseth to Tenant in tayle for the life of Tenant in tayle who dyeth without issue the Tenant for life enters a sormedon in remainder is not accrued to him in the reversion Because the lease of the Mannor is not a surrender nor forfeiture tit. dowre Fitz. Park fo. 20.7 H. 6.4 A man leaseth for life the remainder in tayle the remainder in fee the Tenant for life grants his estate to him in the remainder in tayle and to I. N. he in the remainder in tayle dies without issue action of formedon is not accrued to him in the remainder in fee Because the tenant for life and I. N. are living and it is no surrender for the advantage of the survivor I. N. Gascoignes case 7. H. 6. The sixth Lecture Seisins and Trials What proofes upon such issues limited by the Statute shall be sufficient and contrariwise and what trials upon that shall be good e contra and who shall be bound by them and who shall take advantage and where the party may refuse the triall e contra And what maâ—ters shall lie in triall notwithstandstanding this Statute as before this Statute e contra DOwre they are at issue that the husband was never seised of such an estate of which she was dowable c. the wife proves seisin 61. yeares before the teste of the Writ this a good proofe of the seisin to recover notwithstanding this Statute Because that this is of the seisin of the husband and not of the party her ancestors or predecessors In an assise of Common they are at issue ne unque seise so that he might be disseised the plaintife said that I. N. was seised and grants to him in fee and because he had not Cattle of his owne hee puts in Cattle of others with the assent of the grantor this is a good proofe of the seisin to have an Assise 22. E. 3. p. 84. Dowre of rent they are at issue ne unque seise the plaintife prooves that the rent was granted by the husband in fee upon a proviso that if he die his heire within age that the rent shall cease during the nonage the father dyeth the son within age and takes the demandant to wife and dies before 21. yeares of age this is no good proofe of feisin Because the rent had not essens during this time and it is not like the case of 24. E. 3. where she was endowed with a cesset executio because there the husband was seised indeed and it is not like a Dowry of a seigniory in suspence as where the Lord marryeth his Tenant which is a woman he dies she shall be endowed of the seigniory but here the rent ceaseth by matter in fayt and not by matter in Law Dowre The parties are at issue upon ne unque seise c. the demaundant proves a lease for life made by an estr the remainder to her husband in tayle the tenant for life leaseth to the husband for life of the husband the husband dies the tenant for life enters and she brought dowre this is no proofe of the seisin Because it is no surrender nor forfeiture and the tenant for life which leaseth shall have the reversion in this case In dowre they are at issue upon the seisin the tenant shewes that the husband was his villeine and purchased wherefore he entred upon the husband the Plaintife sayes that this purchase and entry was during coverture and the husband dyed c. this is a good proofe of seisin to have dowre Because the title of the Lord is not untill his entry and therefore the wife had the elder title A woman hath issue a son and consents to the ravishor the mother leaseth to the son for terme of life by deed poll the son hath issue dies the mother enters the issue brings a Mortdan and theyare at issue upon the seisin the issue gives all the matter in evidence for seisin in fee upon the lawfull entry of his father this is no good proofe of seisin Because that he which hath but a title of entry and not a right of entry cannot be remitted In an Assise they are at issue upon Ne unque seise c. the Pl ' gives in evidence that I.N. holds the Land of him and was attainted of felony and that the King should have annum diem vast and grants it over the defendant enters upon the grauntee within the yeare and the Pl ' brings an Assise within the yeare this is a good proofe of the seisin Because he can have no other seisin during that yeare Assise they are at issue upon Ne unque seise the plaintife gives in evidence that the Land is demisable c. and that I. N. his testator was seised and demised to him being his executor to sell c. and dyeth the plaintife enters and the defendant ousts him and he brings an Assise this is a good proofe of seisin per judicium Because he had the fruit against anestranger untill the heire may espy a forfeiture and makes actuall entry Tenant by the courtesie of a rent charge granted to his wife in fee to bee paid at Michaelmas his wife dies before the feast he makes an Avowry the Tenant traverseth the seisin which is found for him the Tenant by the courtesie dyeth the heire of him and his wife distrain and makes an Avowry upon the same grant he shall not be bound by the same triall Because the judgement is only to recover damages and he claimes as heire of his mother and not as heire to the father and avoweth by the grant for the seisin is not materiall And because that he in the
2. s. and sute of Court the Lord brings a Cessavit against both and hath execution and distraines in the other moity and makes an avowry for sute upon a seisin within 50. yeares according to this Statute this avowry is not good Because by this recovery and execution the entire sute is gone because he cannot be contributory to himselfe contrary of a rent because that shall be apportioned note the difference Lord and Tenant by fealty and foure shillings rent the Lord releases the rent to the tenant and to the heires of his body the tenant dies without issue the Lord distraines his next heire and makes an avowry upon this limitation for rent due after the death of the Tenant the avowry well lyeth Because a release for one houre to tenant in fee-simple as to the title of the Land is good for ever and yet contrary of a rent Fitz Voucher 120.13 E. 3.92 because that was his estate in the rent and so is it there adiudged Lords measne and tenant every one holds of each other by iiii d the Lord releaseth to the Tenant all his right in the Land and after the measne distraines and avowes for iiii d upon the tenant upon this limitation the avowry doth not lie Because by the release the moity is extinct Lord and Tenant by fealty and iiii d rent the rent is behinde the Lord disseiseth the Tenant of the same Land and continueth possession by a yeare and after the tenant recovers by an Assise the Lord distraines and makes an avowry for arrerages due before the disseisin upon this limitation this is a good avowry 8. E. 3.37 Because all is received by the recovery and nothing shall be recompted but that which is before the unity A man hath issue a son and a daughter by one Venter and a son by another and is seised of two acres of Land and grants x. s. rent charge in fee out of one to the son the son dies without issue and after the father dyes the daughters enter and make partition and the acre charged is allotted to the youngest the eldest daughter distraines his sister and makes an avowry upon this limitation for 5. s. this is goods Because nothing is extinct but the moity of the rent for nothing is descended of the Land to the eldest daughter but the moity of the land but the entire rent is descended to him 34. E. 3. Quintons Case A man makes one Steward of his Mannor and gives x. li. fee to him with distresse officio suo exequendo with manger and boyer for terme of life and the Steward leaseth the fee and the manger and boyer to the Lord of the Mannor for foure yeares rendring to him 12 li per annum with clause of distressein the Mannor by deed indented the Steward doth not keep the Courts and afterwards distraines for the 12 li and makes an avowry upon this limitation the avowry doth not lie Because it is extinct by the nonfeasance of the services c. 20. E. 4.12 because when the Rent comes by reason of the Land there a lease to the Lord is a suspension but contrary where it commeth ratione personae per Curiam Tenant in taile aliens in fee with warranty and leaveth assets and dieth the issue is barred in a formedon the donor destraines and avowes upon the heire in taile of the seisin within 50. yeares the avowry is good upon the Statute Because this is nothing to the doner The fifth Lecture Of Formedons Whereas the Statute is that Formedons in reversion shall be brought within 50. yeares after title and cause of action accrued It is to be seen to whom action shall be said sufficiently accrued to take advantage of the Statute and from what time the 50. yeares shall be accounted è contra A Man lets Land to one for life the remainder to his own wife in tayle and dyeth the Tenant for life dies and I. N. enters Action is not accrued to the wife to have a formedon in remainder within the 50. yeares Because a gift immediat to his ownewife is not good but contrary of a feoffement to an use or a demise but if he in the remainder be not capable at the time of the livery hee shall never bee as in the case of Rikhill A man lets for life the remainder of I. N. in fee I. N. enters in religion the lessee for life dies the brother of I.N. enters and commits felony and is attainted the Lord enters for an Escheate I.N. is deraigned before 30. H. 8. no action of formedon in the remainder is accrued to him Because it was executed before in his heire and the forfeiture for felony is executed also and religious persons shall not be capable by the Statute of 31. H. 8. A man leaseth for life the remainder to Deane and Chapter and to the heires of the Deane the Tenant for life dies I. N. enters the Deane and Chapter which then were die and others are chosen action is accrued to the heire of the Deane by a formedon in the remainder but not of all Because he had but a moity only A man leaseth for life the remainder in taile the tenant for life alieneth in fee no formedon in remainder is accrued to him in the remainder Because tenant for life is yet living and during his life a formedon lyeth not Lord measne and tenant the measne graunts his menasltie for terme of life the remainder over in taile the remainder over in fee the tenant attornes the terr tenant brings a Writ of measne against the measne for terme of life and forejudges him the measne for life dyeth a formedon is not accrued to him in the remainder Because the tenant of the Lord paramount by the forejudger and all the remainders is but the same seigniory because that albeit forejudger doth not lie against tenant for terme of life nor against tenant in tayle nor a feme covert yet the judgement is not void but error and the action doth not lie untill judgement reversed and in remainder by equity of the Statute which speakes of reversions 9. R. 2. cap. 3. A man gives Land for terme of life the remainder in fee the tenant for life is disseised the Lord brings a Writ of Right the Lord disclaimes against the disseisor and recovers upon the disclaimer the tenant for terme of life dyeth the Lord enters action is accrued to him in the remainder by a formedon in remainder Because that he in the remainder is not bound A man gives in tayle to I. N. who leaseth for life and enters and dies without issue 60. yeares before Ascension 1546. the tenant for life dyes 26. yeares after he in the reversion may have a formed on in reverter post I. N. habit religionis assumpsit Because the Register warrants or formedon in discender and reverter but quaere of a remainder and the action doth not fall untill after the death of tenant for life and
the Stat. of 31. doth not make them capable which are expelled out of a house dissolved A woman sells her land to two by Indenture to have to one for terme of life and to another in tayle the remainder in fee and delivers the deed and after takes a husband and after he and the wife within the 6. moneths cause that to bee enrolled and acknowledge it to be the deed of the wife the tenant for life dies the husband holds possession a formedon in remainder is not accrued to him in the remainder By reason of the husbands interest A man seised of a rent grants that to another to him and his heires or to the heires of his body the remainder in fee provided that if the grantee die his heires females within age that the rent shall cease during their nonage the grauntee hath issue two daughters one within age and the other of full age and dyeth without issue male I. N. haps the rent action is accrued by a formedon in remainder to him in the reversion in fee Because one is of full age and therefore the rent shall not cease A man disseised of two Acres by the Bishop of L. and after releases to the Bishop and his successors the Bishop gives in tayle and dyeth the tenant in tayle dies without issue a formedon in reverteraccrues to the successor of the Bishop and not to his heire Because where he was a disseisor of the fee at the first to him and his heires the release enures to an entry and feoffement Land in Gavelkinde is given to one in tayle who take a wife and dies without issue the wife holds all in dowre by custome and dyeth xx yeares after the death of the husband I. N. enters he in the reversion brings a formedon in reverter 60. yeares after the death of the husband and after this Statute the action is well brought by this branch of the Statute Because the action is not accrued untill after the death of the wife and so is it taken within 40. yeares after her death A man of non sane memory made a feoffement in fee and after is made Bishop of R. the feoffeâ— enfeoffes the Bishop to him and his successors which gives in tayle the tenant in tayle dies without issue the Bishop dies a formedon in reverter is accrued to the heire of the Bishop and not to his successor Because by the refeoffement the Bishop was remitted for his entry was congeable A man gives in tayle the remainder in fee the Lord brings a restraint against the tenant in tayle and he appeares and leaseth and dies without issue a formedon in remainder shall not accrue to him in the remainder within the 50. yeares Because the Land is lost by iudgement by Statute Law of W. 2.21 A man leaseth for life the remainder in tayle to another the remainder in fee to the first Tenant by a Fine the Tenant for life dies and he in the remainder in tayle dies without issue I. N enters action is accrued by Scire facias within the 50. yeares to the heire of the tenant for life notwithstanding the seisin of his Father Because the fee was not executed 38. E. 3.21 A man leaseth for life upon condition that if the leasee hath issue in his life that the Land shall remaine over to W. N. it fee the leasor recovers against their leasee by a Writ of Waste and hath execution the leasee hath issue and dyethno action of formedon is accrued to W. N. Because the fee remaines in the leasor untill the tenant hath issue and then the recovery defeates the first Livery A man gives to husband and wife in speciall taile by Fine the wife dyes without issue the husband leaseth his estate to him in the reversion upon a condition and for the condition broken he re-enters and dyeth a stranger enters action is accrued to him in the reversion within the 50. yeares by Scire facias Because the execution of the estate is defeated by the entry by the condition and he in the reversion may well have an action 38. E. 3.19 A man leaseth for life the remainder in tayle to I. N. the tenant for life is disseised an ancestor collaterall of the Tenant in tayle releaseth with warranty and dyes without issue the tenant for life re-enters upon the disseisor and dyeth the disseisor re-enters a formedon in the remainder is not accrued to him in the remainder Because the entry of tenant for lifeshall not remaine the remainder which was bound by the discent of the collaterall warranty before the entry c. 44. E. 3. Lord and Tenant the Tenant dies without heire I. N. enters and leaseth to the Lord for terme of another mans life the reversion over in tayle cesty que vy dyeth a formedon in remainder is accrued to him in the remainder Because the Lord cannot be remitted because he had no right of entry but a title and he had disclosed his intent to the contrary A man levyeth a Fine of a Mannor for terme of life the remainder over in fee and after a tenant of the Mannor dyeth without heire the conusor enters in the Land and hath the Mannor the tenant for life dyeth he in the remainder shall have a Scire facias of the Mannor within the 50. yeares and recover the Land escheated against him which enters c. And here it shall be by the name of a Mannor because now this is parcell of the Mannor because it is come instead of the services yet if he enter in this parcell only it seemeth that a Scire facias will not lie of that A man demiseth Land to I. N. for life upon condition to be Chaplaine and to pray for the soule of the demisor the remainder to another in tayle the demisor dyeth I. N. taketh the profits by 6. yeares and is no priest the heire of the devisor enters I. N. dyeth a formedon in reversion is accrued to him in the remainder within the 50. yeares Because the entry by the condition which depends only upon one estate doth not defeat the remainder which was not tyed to the condition but contrary where there was no remainder Note the diversity A man leaseth to I. N. and E. his wife for life the remainder over in fee I. N. dyeth and it is enacted by Parliament that all estates made to the said I. N. shall be void and the wife 12. yeares after Act of Parliament dyeth he in the remainder 60. yeares after the Act may have a formedon in remainder by this branch of the Statute Because the estate of the wife nor the remainder are not void by the limit action not accruing untill after the death of the wife and it is brought within 48. yeares c. 5. H. 7.30 A man leaseth for life the remainder over in fee the tenant for life leeseth by erroneous judgement and dyeth and he in the reversion twelve yeares after the death of tenant for
makes a lease for life and the disseisee releases all his right to the tenantfor life the tenant for life dyeth the husband dyeth having issue c. the heire enters the wife enters upon him and continueth possession by 60. yeares the heire of the husband may claime the Land or enter and retaine Because by the discontinuance the reversion was to the husband alone and therefore the release to tenant for life enureth to the estate of the Land and of him in the reversion Tit. Release Litt. 119. A man hath issue bastard reigne and mulier puisne and dyeth the bastard entreth and indoweth the wife of the father and dyeth and the tenant in dowre dyeth the issue of the bastard enters and continueth possession by 60. yeares the mulier cannot claime nor enter nor retaine Because that although the bastard doth not die seised as of a reversion yet the mulier cannot enter as heire of his auncestor after 60. years because that is a claime in Law A man seised hath issue two daughters the one a bastard reigne and the other a mulier puisne and dyeth the daughters enter and are impleaded and vouch an estranger who enters into the warranty and leeseth the demandant recovers and they over in value the mulier ousts the bastard and continueth possession 60. yeares the bastard may enter and retaine Because the Vouchee is a conclusion A villaine takes a wife and purchaseth Land to him and his wife in see the Lord enters the bastard dyeth the Lord continueth seisin 60. yeares passe after the death of the husband the wife may enter and retaine the Land Because there are no moities betweene husband and wife of a purchase during covertures A feme seised in fee sels the Land after the Statute by Deed indented and after is ravished and consents to the ravishor his son enters and after the Deed is inrolled within sixe moneths the vendee enters and is seised by 60. yeares the son may make claime or enter or retaine Because it was perfectly vested as where a daughter takes a perquisite or remainder and after a sonne is borne A man marrieth with his Neife and Land is given them in fee the husband dyeth without issue the heire enters the wife ousts him by a continuant by 60. yeares the heire may enter and retaine Because the marriage is not an enfranchisement and then by the death of the husband this is a purchase by the villaine because by Natura Brevium shee shall not have Dowre A man seised in right of his wife aliens in see upon a condition the husband dyeth the condition is broken the heire of the husband enters and continueth 60. yeares the wife may enter and retaine Because the entry of the heire purgeth the discontinuance 4. H. 6. A man hath issue two daughters the one a bastard and the other a mulier and holds of the King and dyeth seised the daughters enter and sue livery andafter the mulier ousts the bastard and continueth by 60. yeares the bastard may enter and retaine the avowry and if she be ousted she may have a Writ of Right Because the Livery is an Estoppell and a discent between privities shall not take away an entry and the bastard is privy by Estoppell A man is disseised of a messuage and dyeth the heire suffers 60. yeares to passe and after commeth to the doore to set his foot to enter the disseisor stands in the doore with a Sword by which the other dares not enter and afterwards in the same manner the disseisor dyeth seised and his heire enters this claime shall not serve the heire of the disseisee A feme covert is disseised the disseisor dyeth seised his heire enters the husband and wife dyeth the 60. yeares passe the heire of the wife cannot enter nor retaine Because this is a claime upon the seisin of the auncestor A man sels his Land by Indenture and after disclaimes in an avowry by which the Lord recovers by a Writ of Right sur disclaimer and enters and afterwards the vendor inrolls the Deed within the 6. moneths the vendee enters the sixe moneths passe the Lord may enter and retaine and if he be ousted he may have a Writ of Right and in all these Cases they claime of their proper seisin and not of the seisin of their auncestor or predecessor Two parceners bring a sur cui in vita the one is nonsuited summoned and severed the other recovers the moity and both enter and afterwards he which recovered ousteth the other and continueth by 60. yeares yet the other may enter with her sister and retaine and if she be ousted she may have a Writ of Right 19. H. 6. f. 4. A feme grants a reversion by deed in fee and takes the grantee to husband and after the tenant Attornes the husband dyeth his heire enters the wife ousteth him and continueth seisin by 60. yeares the heire of the husband may enter and retaine and if he be ousted he may have a Writ of Right Because the Attornment is good contrary if the graunt were to havebeen persons because then that will not passe by the Attornment for to prejudice the husband A feme sole makes a feoffement upon a condition that the feoffee shall re-enfeoffe him when he shall be required by him and takes a husband and makes request the feoffee refuseth by commandement of the husband the husband dyes and after the feoffee dyeth seised and his heire enters and continueth possession by 60. yeares the wife may enter and retaine and if shee be ousted she may have a Writ of Right Because her entry was changeable by the refusall by reason of the first condition notwithstanding the discent where it is upon condition 35. E. 3.11 and the request is good Tenant in tayle discontinueth and hath issue a daughter and dyeth the 60. yeares passe c. the daughter takes a husband the feoffee makes an estate to the husband and wife for the life of I. N. the husband dyeth I. N. dyeth the discontinued enters upon the wife she may enter and retaine Because she is remitted quaere because she cannot have an action by reason of the time past and then out of the case of remitter yet it seemeth that the issue in tayle which is outlawed and hath a release may be remitted A man is disseised and releaseth all his right to the disseisor upon condition that the disseisor shall enfeoffe him of other Land within a moneth the time expires no feoffement made the 60. yeares passe the disseisee may re-enter retain and if he be ousted he may have a Writ of Right by reason of the condition Tenant in tayle discontinueth the 60. yeares passe the issue in tayle disseâ—seth the discontinued and the discontinued hath issue within age and dyeth the heire in tayle dyeth seised his heire enters during the infancy of the heire of the discontinued the heire of the discontinued cannot enter nor retaine by reason
of the remitter A man is disseised and dyeth his heire within age the disseisor dyeth seised his heire enters during the nonage of the heire and continuethseisin by .60 yeares the heire of the disseisee cannot enter nor claime nor have action Because he claimed upon a seisin of his auncestor which is defended by the Statute A man is defaced of certaine Lands and recovers the Land in a praecipe quod reddat the tenant dies seised his heire enters the 60. yeares passe yet the defac't may enter and retaine and if he be ousted he may have a Writ of Right Note that Deane and Chapter and the like by the name of their corporation may make a claim by an 100. years past For the reasons rendred in the first Lecture A man seised in the right of his wife is disseised or makes a discontin and liveth 61 years he and his wife die the heire of the wife shall not have action claime nor enter Because none is aided but those which were covert at the time of the Statute c. and the heire doth not claime upon the seisin of his auncestor beyond 60. yeares and an entry is a claime If tenant for life or an Ideot or a man imprisoned or beyond Sea are disseised and suffer the 60. yeares to passe and dyeth their heire nor those in the reversion shall not make claime nor enter nor have action Because if their entries are taken away they shall be barred in perpetuum for the reason aforesaid If an Infant be seised at 14. yeares and hath issue and dyeth before 21. yeares and every issue one after the other untill 60. yeares are past their heire shall never have action nor claime By reason of this Statute because an Infant or the like are not excepted but only those which were Infants tempore Statuti An Infant sells his Land by deed indented and inrolls the deed within sixe moneths he being within age the vendee enters the Infant ousts him and continueth by 60. yeares the vendee may re-enter and retraverse and if hee be ousted may have a Writ of Right Because the Infant is estopped by the inrollment to say that he was within age tempore c A man hath issue two sons and dyeth seised the first enters and dyeth seised the 60. yeares passe the eldest cannot make his claime nor enter nor retain because that notwithstanding there be a privity in blood c. yet he must claime of the seisin of his auncestor and an entry is a claime in Law which is ousted by the Statute A man seised in fee hath issue a son and a daughter by one Venter and a son by another Venter and gives his Land to his eldest son in tayle and dyeth and after the eldest son dyeth without issue the daughter of the entire blood shall enter the yongest ousteth him and continueth seisin by 61. yeares the daughter cannot make claime nor enter and retain because the fee doth not vest in the eldest son by discent by reason of the entayle and therefore it was in abeyance and yet it is in him for to give and forfeit as a reversion c. The fourth Lecture Of Avowries Where a man shall make an Avowry of a longer time then is limited by this Statute and where not and what shall be good Avowries upon this limitation and what not A Man holds by grand Serjeanty of the King distraines and alleageth seisin within 50. yeares and avowes for ayde to marry his daughter the Avowry is not good 10. H. 6. by all the Justices Because none shall pay such ayde but tenants in Soccage or Chivalrie and not tenant by grand Serjeanty nec alii Replevin against two of a horse taken who come and one of them avoweth for a rent charge and the other for a rent service out of the same Land and both alleage seisin within 50. yeares this is a good avowry upon this limitation 31. E. 3. in Fitz. 241. Because it is not like to coparceners betwixt whom is privity A man avowes the taking of two Clothes for toll due 52. yeares past by custome to destraine the goods of the buyer within the village for toll c. this is a good avowry notwithstanding this Statute Because it is not for rent suit nor service 20. E. 3. Avowry because the custome of his Mannor is that if any one breake the pound that he and his ancestors de tempore c. have used to distraine for x. s. this is good notwithstanding this Statute Because the prescription is good betwixtTenants of the Mannor and it is not for rent suit nor service Lords measne and Tenant the measne is in arrerages to the Lord the Lord distraines the Tenant the Tenant forejudges the measne the Lord accepts the rent and services by the hands of the Tenant and after avowes upon the Land for the arrerages of the measne and alleageth seisin within 50. yeares this is no good avowry for the arrerages Because this is the act of the Tenant and cannot doe otherwise but take him for his Tenant 7. E. 3. Avowry for xx s. for bloodshed presented upon the plaintife in his Leet 51. yeares past according to the custome c. this is a good avowry notwithstanding this Statute which speakes of 50. yeares Because it is not for rent suit nor service and the custome is good Grandfather Father and Son the Grandfather holds of the Lord by Harriot Reliefe and xii d rent the Grandfather dies the Father enters and enfeoffs the Son and dies the Lord accepts the rent of the Son and within 50 yearesdistraines and avowes upon the son for the Harriot and reliefe of his Grandfather due within the 50. yeares and alleages seisin within 50. yeares this avowry will not serve upon this limitation Because by the acceptance of the rent and service of the son he hath lost the Harriot and reliefe and all the arrerages 4. E. 3. A man seised of a Mannor in right of his wife leaseth the Mannor for xx yeares rendring x. livre. by the yeare at Michaelmas the wife dies without issue before Michaelmas after Michaelmas past the lessor may distraine and make an avowry by this Statute Because that untill the wise enters the tenant shall render the rent to the husband Avowry because the custome of the Mannor is to have x. li. for a fine of every villaine there which marrieth his daughter without licence and that such a villaine married there within 50. yeares without lilence c. and therefore avoweth this is not good Because he may take the goods of his villain by the common Law A man distraines his Tenant for homage due 50. yeares past the Tenant dyes his Executor sueth a Replevin after 50. yeares the defendant justifies for homage which was due 50. yeares past and that the tenant is dead this is a good justification notwithstanding the Statute Because the Statute speakes only of an avowry and cognisance and not of justification A
man is the Kings Baily makes cognisance for xx s. rent against the plaintife and declares of seisin in the King by the hands of the plaintife 60. yeares past this is a good cognisance Because the King is not bound by the Statute Avowry for x. s. Amerciaments in a Leet for breaking of the assise of bread and beare 50. yeares past this is good Because it is not for rent custome nor service A man graunts a rent charge of x. li. payable yearely at Michaelmas and if it be behinde fourteen dayes then to distraine aswell for the Rent as for xx s. nomine penae in this case if it be behindeby 14. dayes 50. yeares past the grantee may distrein and avow for the penalty but not for the rent Because out of the case of the Statute In a Replevin the Defendant said that W. leased the Mannor of D. to I. N. for terme of life and he as baily to the said I. N. distreines for rent due 51. yeares past and this day the said I. S. dyed and the Tenant that now is had sued a Replevin this is a good justification after this limitation notwithstanding this Statute Because this is a justification c. and the Statute 32. is that the Executor may make an avowry or have debt but the avowry of the party is determined by his death Tenant in tayle aliens in fee an ancestor collaterall of the donor releaseth with warranty and dyes without issue the donor distraines and avowes for the rent upon issue in tayle and not upon the feoffee for the arrerages due within 50. yeares and after the feoffement this avowry is not good upon this limitation Because that notwithstanding that hee shall not be driven to avow upon the feoffee and the feoffee connot plead the matter and the warranty doth not extend to service yet the service is incident to the reversion which is determined by the collaterall warranty descended and by the grant or release of the reversion the rent passeth and it appeareth 31. ass tit. Reservation 11. that the services cannot be taken from the reversion by grant because they are incident and the rent passeth not but as a rent seck of which no avowry lyeth and therefore a determination of the reversion is a determination of the rent Lord and Tenant by Harriot the lessor distraines and avowes upon the heire for Harriot of the Grand father and for Harriot of the Father of the plaintife upon a seisin 50. yeares this is a good avowry upon this Statute Because all is upon one survey Lords measne and tenant and every one holds of the other in chivalry the tenant goeth with the King into Scotlandby the common summons of the King and the measne doth not goe the Lord distraines and avowes upon the measne for escuage by a seisin within 50. yeares c. this is not a good avowry upon this Statute notwithstanding it bee within 50. yeares Because the avowry of the tenant shall serve the measne because that if the tenant doe the service that sufficeth Lord and Tenant the Tenant disclaimes in avowry the Lord dyeth the son distraines and alleageth seisin in the Father within 50. yeares and avowes for rent due to him within 50. yeares this is a good avowry upon this limitation Because the son cannot have a Writ of Right upon disclaimer upon a disclaimer made in the life of the father An avowry for that I. S. holds three acres of him by fealty and a Hawke which was arer. by x. yeares and that afterwards he enfeoffed the plaintife of one acre which was in arer. by two yeares and he comes and distraines theCattle for all the arrerages for x. yeares and avowes for two Hawkes for two yeares due that is to say x. cattle for one rent and two for another and alleageth seisin within 50. yeares c. this is a good avowry upon this limitation 22. E. 4. Because that every acre is charged with the entire arrerages which was due before this feoffement and every one shall hold by one Hawke after the feoffement and so now hee shall have two Hawkes and he may charge the feoffee with the arrerages of all Avowry for ayde to make the son a Knight the Land is of the value of x. li. by the yeare which is holden in Soccage and the son of 15. yeares of age c. and alleageth seisin within 50. yeares the plaintife pleads a release made by the Lord to him by 9. yeares past of all sutes services and demands besides fealty and x. s. rent this is no good avowry notwithstanding this matter Because that that which is incident cannot bee released by generall words 40. E. 3.14 A man distraines for ayde to marry his daughter 51. yeares past the Tenant cannot sue a replevin untill after the one and fifty yeares the Lord upon the matter makes an avowry for ayde due 51. yeares past which is out of this limitation yet this is a good avowry notwithstanding this Statute Because the ayde is incident to the tenure and is not rent sute nor service A village is assessed to x. li. for the fees of the Knights from the beginning of the Parliament 51. yeares past and cannot agree of his taxe betwixt them by which the Sheriffe distraines the village and makes an avowry for this summe due 51. yeares past this is good Because it is not rent sute nor service Fitz. Avowry 13. E. 4. The Guardian endowes the feme the time of the second husband reserving 3. s. rent by the yeare for equality and makes an avowry for the rent against the feme after the death of the second husband and alleageth seisin within 50. yeares the avowry is not good upon this limitation 17. E. 3. Because the woman was covert tempore c. and it is not like a rent reserved upon partition c. Replevin the defendant avowes for that that he leased his Land after this Statute to the plaintife at in c. for the yearely rent of xx s. per annum at to and in and for the rent due at in c. and within 50. yeares after he distraines and avowes this avowry is not good by this Statute c. Because when the terme is ended he cannot distraine I. N. holds of W. S. two acres of Land by 2. shillings and 3. other acres by 3. shillings the Lord distraines two Cattle in one Land and two in another and avows for 5. shillings by seisin within 50. yeares this is not good Because he shall make two avowries Lord and Tenant of three acres of Land holden by 3.d rent the Tenant leaseth one acre to the Lord for 12. yeares the Lord distraines in the other two acres and makes an avowry for two pence upon this limitation this avowry is not good Because a suspension for part is a suspension for all but by the extinguishment of part the rest shall be apportioned Nota differentiam Lord and two joyntenants by fealty
reversion may fanxesie the recovery in another point which was not tryed as to say that another had title to the seigniory and not the avowant and so the seisin void In a Mortdauncestor the Tenant traverseth the seisin the Jury finde that the grandfather dyed seised and that afterwards the father of the demandant dies before that any stranger enters and afterdies and the Tenant abates this is good proofe of seisin but yet it shall not serve but this triall shall binde the demandant c. Because the Stat. speakes of an actuall seisin and this is a seisin in Law Lord measne and tenant the Tenant traverseth the seisin in an avowry against the measne which is tryed for him and afterward forejudgeth the measne there the Lord may distraine and make avowry and shall not be bound by the said triall Because he avoweth for his seigniory and he is not heire to the measne A woman seignioresse measne and tenant the measne is bound to acquittall she takes a husband the tenant releaseth to the woman and his heires acquit the husband and wife have issue the wife dies the tenant brings a Writ of measne against the husband contrary to his acquittall by prescript in the wife and her auncestors the husband traverseth the seisin which is found against him and hee dies the heire shall not bee bound by this tryall in another Writ of measne Because he hath a release to plead and hath the menalty as heire to his mother and not as heire of his father and may falsifie ut supra And this action is not to recover Land Tenements nor Hereditaments but goeth by way of discharge Tenant for life the reversion to another in fee is impleaded by a praecipe c. and traverseth the seisin which is found against him upon a faint title by covin and the demaundant recovers the Tenant for life surrenders he in the reversion shall be bound by this triall viz. during the life of the Tenant which surrenders and not afterwards notwithstanding the Statute of 32. of Recoveries by covin as where Tenant for life grants a rent and surrenders c. And Nota that he in the reversion may falsifie in a title in another point which was not tryed but he which may have an attaint cannot falsifie in the same point which was tryed and he in the reversion may have an attaint and error by the Statute of R. 2. and this recovery is as a purchase A Segniory is given to two and to the Aires of one he which hath the fee dies hee which survives distraines and makes an avowry the tenant traverseth the seisin which is found for him the Defendant dies and the heire of the other distraines and makes an avowry upon the same seisin he shall not be bound by the first triall Because the first judgement is not to be barred of the seigniory but onely to recover dammages and also hee is not heire to him which was party to the trial but to another which had the fee yet he had a reversion at the time c. And he in the reversion and those which may have error or attaint are bound by the common Law and shall not falsifie the point which was tried by verdict contrary in other points and contrary of them which cannot have error nor attaint note the difference by many books and by the Statute of 9. R. 2. c. 3. A feme Covert brought a Writ of Aile after Ascens c. the tenant traverseth the seisin which is found for him and after the husband and wife die and the heire brings a Writ of cosenage he shall be bound by this tryall Because albeit the barre be at liberty yet it is contrary of the wife An Infant brings a precipe by Attourny as a man of full age the tenant said that he is an infant judgement if he shall be by Attourney and yet the Court admits him by Attourney the tenant traverseth the seisin which is found for him the demandant and his heires shall bee bound by this triall for ever Because this is not errour and an infant is not excepted in the Statute Lord and tenant the tenant is disseised the Lord brings a Writ of Customes and services against the desseisor who traverseth the seisin which is found against the Lord the desseisee reenters the Lord distraines him makes an avowry upon the first seisin the disseise shall have advantage to barre him by the first tryal Because he made plede per que estate and bind the Lord because the judgement was given against the Lord and so he barred A man seized in right of his wife makea feoffment in fee the husband dies the feoffee is impleaded and traverseth the seisin which is found for him the wife brings a cui in vita and recovers the demandant in the first precipe brings another precipe against the woman she shall have advantage of the first triall Because the demaundant was once barred and so his right extinguished A man makes a feoffment in fee upon condition the feoffee is impleaded after Ascention c. and traverseth the seisin which is found for him the feoffor enters after the condition broken the demaundant brings a new Writ against him the feoffor shall have advantage of the first tryall for the reason aforesaid Avowry by the Lord upon the tenant for x. s. rent and alleageth seisin within 50. yeares the plantife alleageth a confirmation by the deed of the father of the Lord 60. yeares past tenend. by iiii d for all rents and services besides fealty this is a good barre notwitstanding this Statute Because the Statute saith onely that a man shall not have a writ nor makea prescription title nor claime beyond that limitation but it doth not speak of bars in defence of possession and therfore it seemeth that the eldest barre shall be tryed by the intention of that Statute because the words of the preamble are that the eldest seisin shall not be disturbed Avowry for Rent upon this limitation the Plaintiffe pleads a Release of all actions made 51. yeares past by the Avowant to the Plaintiffe this is a good Plea and shall be tried notwithstanding this Statute Tit. bar in Fitz. 8. H. 6.10 27 E. 3. ibid. that it is a good barre Lord and tenant of 3. Acres of Land by fealty and two shillings the Lord distraines in the Acre and avoweth for xii d the Plaintiffe saith that 60. yeares past he leased the other Acre to the Lord for 60. yeares which are yet induring judgement if hee shall avow for any thing in the other Acre during the terme this is a good Plea and shall bee tryed notwithstanding that it be out of the limitation Because a suspention of part is a suspention of all contrarie of an extinguishmentof part because there may be an apportionment in that case A Mortdancester of a seisin within 50. yeares the tenant said that the demaundant himselfe leased for terme of
ancient limitation Because he had not cause of action at the time of the Statute and his father was not priviledged as an infant and the like at the time c. Deane and Chapter have cause of action upon the ancient limitation at the time of the Statute the Deane within age at the time c. The Deane and Chapter after Ascension 1546. shall not have an action within the sixe yeares upon the ancient limitation Because Infancy shall not serve in his capacity An Infant which had cause of action upon the Auncient limitation takes a lease for three yeares which continueth tempore statuti he within age and after Ascention 1546. he comes to full age the terme expires hee shall not have an action upon t he Auncient limitation within the six yeares Because he had not cause of action at the time of the statute for it was not suspended A woman is disseised of a Rent charge 40. yeeres before the Statute by the Tenant of the land the tenant makes a lease of the land to the woman for yeares she takes a husband the Statute is made and after the terme expires and the husband dyes after Ascention 1546. she shall not have an action upon the Auncient limitation within the six yeares Because it was suspended at the time of the Statute and therefore no cause of action at the time c. Baron and feme have cause of action to xx acres of land in the wives right upon the Auncient limitation the husbandis imprisoned at the time of the Statute the husband and wife shall not have an action within the six yeares upon the ancient limitation Because the wife by whom the action accrueth was not imprisoned at the time and she by the coverture is not ayded by the Statute during the life of her husband For the Statute speakes of six yeares after discoverture and the husband and wife are not one person as to this purpose because she shall not joyne in an action for the imprisonment of her husband Lord and Tenant by homage fealty and Rent the Tenant leaseth the land to one for terme of life the remainder to I. N. in fee the Lord is desseised of the Rent by Tenant for life 31. yeares before the Statute he in the remainder dyeth without heir eand the Lord is beyond seas at the time of the Statute he shall not have an action of the Rent after Ascention 1546. within the six yeares upon the Auncient limitation Because the seigniory was extinct by the excheat of the remainder temporestatuti and the seigniorie was in him for a disseisin of the Rent is not a disseisin of the service and so no cause of action tempore statuti Lord and Tenant the tenant defeceth the Lord of his rents and services 32. yeares before the Statute and after enfeoffeth the Lord and I.N. of the Land and maketh livery to I.N. and the Lord is imprisoned tempore statuti who commeth at large after Ascension 1546. hee shall have an action upon the ancient limitation within the fixe yeares Because the Livery was not made to the Lord and the user of the action is a disclaimer Two parceners which are within age at the time of the Statute have cause of action auncestral upon the ancient limitation one comes at full age within a moneth after Ascension 1546. and the other comes at full age 8. yeares after c. they may bring their action upon the ancient limitation within 6. years after the full age of the yongest notwithstanding that it be x. yeares after the full age of the eldest Because that they are but one heire and the age of the one shall stay the parcell for the other A daughter within age at the time of the Statute had cause of an Aff. of Mortdancester upon the ancient limitation as heire of her father and after Ascension 1546. a son is born and after he dyeth without issue the daughter shall not have in action upon the ancient limitation within the 6. yeares Because her action was once extinguished by the birth of the son A Parson of a Church had cause of an Assise tempore statuti of a disseisin 32. yeares before c. and is imprisoned at the time of the Statute and is deposed and another put in and afterwards the new Parson is deposed and the first is inducted Parson againe he shall not have an Assise upon the ancient limitation within the sixe yeares Because that albeit that an Assise may revive as in case where a discent is had and after the Land discends to the disseisor c. and outlawry and the like c. yet that is upon the ancient title which remaines in the plaintife but in this case the title was gone by the deprivation and he is now Parson by the new presentation and so a new title and his first charge lease and graunt are determined Alienee purchaseth land and is disseised 33. yeares before the Statute and is beyond the sea at the time of the Statute and after the King makes him denizen and he commeth backe he shall not have an Assise upon the ancient limitation within the sixe yeares by this proviso of the Statute Because he had not cause of an Assise at the time c. for that he was an Alien and an Alien borne is not to enjoy an action as a subject A man takes his Neife to wife I. N. enfeoffeth the husband and wife in fee the husband dieth the wife enters and is ousted by the heire of her husband who is desseised by I.S. 3. yeares before the Statute and the woman and the heire of the husband are beyond sea at the time of the Statute the heire shall have an action upon the ancient limitation within the sixe yeares and not the wife Because it is no enfranchisement by Nat. brev. for the wife shall not have dowre in that case and therefore the heire may enter in the land purchased by his villaine and so the action to him The eighth Lecture What causes are sufficient causes of action vested in in such persons at the time of the Statute to have an action upon the Auncient limitation within the sixe yeares and to take advantage of the sixe yeares and which not IF the King gives land of the suppression of 27. H. 8. to I. S. in fee which was holden by the Abbey of D. of I. S. by fealty and xx s Rent I. N. distraines for the Rent I.S. makes a rescous 32. years passe the Statute commeth I.N. beyond Sea he had cause of action for the Rent by this branch of the Statute to have advantage of the sixe yeares Because the act reserves Rents and services to strangers but otherwise it is where the King is entituled by double matter of record as for forfeits for treason and office found orby office found for not doing of their duty for in those cases if the act of Parliament give that to the King saving titles of estrangers as
if no such act had been made that would not serve because if no such act had been the seisin of the King by matter of Record extinguisheth all seigniories but the words of the act of the 1. suppression are saving to all estrangers their titles as if the Abbe had been living not a diver si tat A man is attainted of Treason by Act of Parliament and after the heire is restored in as high a manner as if no such attainder had been the Lord distraines for his Rent and rescous is made 32. yeares past the statute comes the Lord is imprisoned he had good cause of action for the Rent to have advantage of the 6. yeares Because all is revived as in the case of a condition c. A man holds of his sonne by 3. s. and dieth the sonne enters by which the seigniory is extinct and endoweth his mother of the third part of the land the Statute commeth the sonne beyondSea he hath cause of action of the third part of the Rent within the 6. yeares upon the ancient limitation if he be debtor 34. E. 3.15 that the wife is in by the husband and the seigniory was determined by the act of the Law and not by the act of the Lord as a purchase therefore she shall be attendant for the third part of the Rent What causes of action shall serve those which were infants and covert and the like tempore statuti what not A man gives land in tayle reserving Rent dieth his wife is endowed of the Rent the tenant in taile dieth without issue the heire of the dower enters and defeceth the wife of the Rent 52. years before the Statute and she is beyond sea at the time of the Statute she hath not cause of action upon the ancient limitation to use it within the sixe yeeres c. 10. E. 3. A woman seised of certain land takes a husband and after the husband enters in religion the wife aliens in fee after the husband is dereigned before the stat of desolutions enters is ousted by thealience 52. yeares before this Statute of limitations and is imprisoned at the time of the Statute he had good cause of action to use within sixe yeares upon the Auncient limitation 33. E. 3. Tit. entre A man seised in fee takes a wife the Lord of the land grants the seigniory to the wife and her husband in fee and the husband dies she accepts homage of the Tenant 52. yeares before the Statute and is beyond Sea at the time of the Statute she had not cause to have a writ of dowre upon the Land within the sixe yeares upon the Anncient limitation Because she had accepted the seigniory she shall not have both 11. E. 3. Land is given by Fine to one for life the remainder to one which was baptized by the name of John in fee and after hee in the remainder is confirmed by the name of William the Tenant for life dyeth an estranger enters 52. yeeres before the Statute hee in the remainder is imprisoned at the time of the statute this is not sufficient cause of action to have a Scire facias within the sixe yeares upon the auncient limitation 12. R. 2. contrary upon a purchase executed A mardeaseth for life and Tenant for life leaseth for anothers life upon condition enters for the condition broken he in the reversion enters 32. yeares before this statute the Tenant for life imprisoned tempore statuti he had not cause of action to enjoy the auncient limitation within the six yeares Because a forfeiture shall not revive A man who was beyond Sea at the time of the statute and had cause of action c. comes to dowre and incontinent the King sends him backe to warre in France who continueth there seven yeares in a fortresse and commeth back he shall not have his action within the six yeares nor otherwise A man seised in right of his wife aliens Mortmaine the Lord enters the husband dyeth 52. yeares before this statute the wife is beyond sea tempore statuti c. the wife had good cause of action to recover the Land within the six yeares of his returne upon the auncient limitation The Lord disseiseth his Tenant and makes a feoffment in fee upon condition and re-enters for the condition broken the Tenant enters upon him and rescoussetha distresse 30. yeares before this Statute the Lord is imprisoned at the time of the Statute he had not cause of action nor to avow for the Rent nor seigniory upon the antient limitation within the sixe yeares of his enlargement Because the Rent and seigniory were extinct before and cannot be revived by the condition An Alience hath issue a sonne and is made denizen and purchazeth Land and hath issue another sonne and dieth the youngest sonne entreth the eldest doth oust him 32. yeares before this Statute the youngest is imprisoned at the time of the Statute he hath good cause of action to use it within sixe yeares upon the ancient limitation Because he was not inheritable before his father was Denizen as the son of a villaine borne after the enfranchisment is free but contrary of him which was borne before c. Grandfather and son the Grandfather dies seised I. H. abates the son disseiseth him the father dies 33. yeares before this Statute I. H. hath not cause of action to use it within 6. yeares upon the ancient limitation Because the discent of the right of the Father to the sonne doth remit him A man leaseth land for life the tenant for life is disseised an ancester collaterall of the tenant for life releaseth with warrantty and dieth without issue 32. yeares past the Statute is made the tenant for life beyond the sea he had not cause of action to enjoy the sixe yeares by this branch of the Statute 15. H. 7. Tenant in tayle discontinueth and retaketh in fee and grants a Rent charge and makes a feoffment upon condition the grantee is defeced of the Rent the tenant in taile had issue and dieth the heire enters for the condition broken the grantee is imprisoned c. hee had good cause of action for the Rent by this branch c. Because the heire is not remitted for that that he entred at full age contrary of such an entry for a condition within age 8. H. 7. Grandfather Father and Son the grandfather is seised of certaine land with common appurtenance and is disseised of the Common brings an asseise and is non-suited enfeoffeth the father of the land with the appurt dieth the father dieth52 yeares before this statute the sonne within age at the time of the Statute no cause of action is to the sonne to have an action within the six yeares 4. E. 3. A man made a feoffment in fee to a woman upon condition that if he marry her that it shall be lawful to him to enter and he marrieth him and
thedemandant dieth within 6. yeeres this is a good determination so that the heire shall have an Action of that within other 6 yeeres Because he shall not have a Cessavit of a Cesser in his fathers time A Woman which was covert at the time of the Statute brings a Precipe in banco upon the antient limitation after Ascention c. and within sixe yeers of land in the County Palatine of Durham the tenant pleads a barre the demandant demurres and is barred by iudgement and dieth within the 6. yeeres this is no determination to oust the heir of an action within other 6. yeeres Because this is a void iudgement and coram non iudice contrary in the Cinque Ports and auntient dem The husband discontinueth the right of his wife and dies the Feoffee ceaseth the lord records by a Cessav the wife beyond sea at the time of the Statute the wife dies within the 6. yeeres this iudgement is no determination against the heir but that he may have another action within another 6. yeeres Because his title is before the Cesser for albeit the Recovery in the Cessavit against the husband and wife shall binde yet otherwise it is when the wife is not party A Precipe by a man which was beyond sea at the time of the Statute brought within the 6. yeers the Bailiffes of D. demand conusance and ousted of it by reason of failee of right and they demand cognisance againe and traverse the failer of right and the Demandant also and the Tenant joyneth in issue to the Bailifes and the issue is found against the Bailiffes by which judgement is given the demand dieth this judgement is a determination to the heir so that hee need not have another action within other 6. yeeres Because the tenant had lost the land and the heir may enter if he will The tenth Lecture Of Determinations in fait What matters and what things shall be said good Determinations of Titles and Rights of Infants Fem. Coverts and the like at the time of the statute so that if they die within the 6. yeers their heires shall not have advantage of another sixe yeeres IN had cause of Action upon the antient limitation against a villain and is beyond sea tempore statuti and returneth An auncester collateral of I. N. releaseth to the villain with warranty the Lord of the villain enters the auncester collaterall dies without issue J. N. dieth within the 6. yeeres this is no Determinationto hinder the heire I. N. to have an action within another 6. yeeres Because the warranty is not descended upon the possession of him to whom it was made 22. Ass He which was an Infant tempore statuti and had cause of action to a Rent-charge upon the antient limitation out of Ten acres of land enters into one acre at full age and enfeoffeth an estrainger and dieth within the 6. yeeres the Tenant reenters the interest of the heir is gone to have an action within the other 6. yeeres Because a discharge of one acre by a tertious entrie is a discharge of all as by a purchase of one acre because there cannot be an apportionment and notwithstanding that he would enter as heir yet if the disseisee would would not re-enter upon him the rent shall not revive A man which was an infant tempore statuti had cause of action upon the antient limitation for common out of twenty acres of land the tenant of the soyle enfeoffeth the infant of the land unde c upon condition the infant enfeoffeth astranger and dieth within the 6. yeeres the feoffer enters for the condition broken the title of the heir is not determined Because of the infancy at the time of the feoffment and the regresse of the feoffer revives all He which was an Infant at the time of the Statute had cause of action upon the antient limitation to a Rent charge the tenant of the soile deviseth the land to the infant for to sell according to the custome c. the infant comes of full age and sells and dieth within the 6. yeeres the title of the Rent is not determined but that his heir shall have remedy within another 6. yeeres Because the land out of which the Rent was issuing passed by the will of the devisor and not by the infant which sold Lord and tenant of 4. acres by foure pence Rent the Lord is disseised of the Rent by the tenant 33. yeeres before the Statute he being imprisoned at the time of the Statute and afterwards releaseth to the tenant all his right in one of the acres and had issue and diethwithin 6. yeeres the interest of the heir in the rent is not determined to have an action within the other 6. yeeres Because it is but for part as a purchase of one acre c. Lord and tenant the tenant is disseised 60. yeeres past and is beyond sea at the time of the Statute and returnes and is utlawed of felony by erroneous processe and dieth within the 6. yeeres the Lord enters the heir reverseth the utlary by error this action nor title to the land is not determined to have remedie within 6. other yeeres Because the reversing of the utlary ab initio reverseth the title of the land A man which was imprisoned at the the of the Statute had cause of a formedon upon the antient limitation upon an alienation with warranty and dieth within the 6. yeeres and had assetts descended which assetts was impaired by drowning in the time of the ancestor the title of the heir is not determined to have an action within the other 6. yeeres Because it is not asserts the day of the writ purchased 4 E. 3. contr. by Thiop A man which had title of action upon the antient limitation hath issue two sons and dieth the eldest in religion before the Statute of 31. H. 8. the youngest brings an action for the land and leeseth by false verdict the eldest is derained and he and the youngest are imprisoned at the time of the Statute and the youngest dieth within the 6. yeeres the title of the eldest is determined to have an action or an entry within other 6. yeers Because the youngest was barred as heir and none may have an attaint but the heir of the youngest and the verdict bindes the title A man makes a feoffment in fee upon condition the feoffee is disseised and imprisoned tempore statuti the feoffer had issue a daughter and dieth his wife privement enseint the daughter enters for the condition broken the feoffee dieth within the 6. yeeres and a son is borne of the wife of the feoffer the heir of the feoffee nor the son shall not have remedy within the other 6. yeeres Because this is as a purchase to the daughter tempore statuti A man seised of two acres of land intwo villages in one County is disseised by another that is to say of one acre at one time and of another acre at another