if after the fathers death he enter before his younger brother born of the same father and mother within Espousals and continue the possession all his life without interruption VI. If the next be women in equal distance as daughters Sisters Aunts c. they shall inherit alike and are but as one heir VII Where the generall Entry of one is of the rest if they list VIII The inheritance that descendeth shal be charged with the deed of the Ancestor binding himself and his heirs IX The Dying seized of the inheritance and Freehold together whereby the land descends unto his heir taketh away the Entry of every one that may have an Action X. But claim upon the land within a year before the death or if they dare not upon the land for fear of some bodily hurt then as neer the land as they dare saveth their entry XI A Fee-simple is a Fee-simple conditionall or absolute XII Conditionall is a fee simple to one and the heirs of his body XIII This estate before issue cannot be alienated after issue had becometh an absolvte fee simple XIV But so as if the issue fail before the alienation the donor shall have it XV. Hither belong hereditaments given in Frank-marriage with ones kinswoman XVI Absolute is a fee-simple to one and his heirs whatsoever XVII This estate descending to Females if one of them have lands of the same Ancestor by Frank-marriage she shall have no more unlesse she be content that the value thereof be allowed to the other XVIII To this place are to be referred Lands given to a Corporation which go in perpetuall succession XIX Here two speciall estates for life Dower and Tenancie by the courtesie of England do arise after ones death that hath an InheritaÌ„ce joyned with the freehold XX. Howbeit these estates must be of a fee-simple or such an estate taile as may go to the issue had between the Donees XXI Dower is an estate whereby the woman hath the thirds in severalty XXII She must be nine years of age at the time of her husbands death otherwise she shal not be endowed XXIII Detaining of deeds concerning Inheritance descended to the heir is a barr of her Dower XXIV If the husband at the Church door ad ostium ecclesiae or being heir apparant by his fathers or mothers consent ex assâ—nsu patris or matris presently upon affiance endow her of any certainty as of the whole moity or lesse part c. this will barr her of her thirds if she agree to it XXV Tenancie by the curtesie of England is an estate whereby of an actuall possession the husband that hath issue by her born alive shall have the whole CHAP. VI. Tenement Advowson I HEreditaments are tenements or bare hereditaments II. A Tenement is a possession holden the Fee-simple whereof when he that hath it dieth without heir cometh to the Lord III. Of this sort are Lands and Advowsons IV. Land is a Tenement in Mannuall occupation V. Under the name of Land are comprehended not only Gardens Meadowes Pastures Woods Rivers c but also Messuages Mils Yards Tofts Castles the like VI. Churches and Church-Yards belong to the Incumbent VII Prescription here hath no force VIII All Land is holden of the King immediatly or by means himselfe not having any higher upon earth of whom to hold IX Escheats of all Cities appertain to the King X All Mines of Gold and Silver or wherein the gold or silver is of the greater value are the Kings XI Amongst Coperceners the eldest upon partition shall have the cheif house XII Seisin delivered of land alwaies passeth a freehold XIII Otherwise a Freehold of land cannot passe save by release and confirmation where they are by way of enlarging an estate XIV They may also somtimes passe by Exchanges Endowments or Surrenders XV. An estate made within view of land is a good Liverie of seisin if the other enter in the Feoffors life time XVI An Advowson is an interest of presenting to a Church CHAP. 7. Distres Seigniories Fealty Rent-service Homage Suit of Court Tenures Releife and Rent charge I. RAre Hereditaments are those which are not holden and concern the Land or the person II. Those that concern the Land are extinguished or gone for ever when he that hath them hath high and continuing an estate as he hath the hereditaments III. Otherwise they are but suspended or gone for a time IV. These are leviable by distresse or such as cannot be distrâ—ined for V. Distresse is a taking of Chattels found upon the same Land for satisfaction of Arrearages VI. The King may distrain in any other land of the same mans for his Service or Rent charge VII The distresse being put in some place where the owner may lawfully come by them as if they be things that have life to give them meat c. he that distraineth shall not be charged what hurt soever they receive VIII Bare hereditaments that may be distrained for are a Seigniorie or rent charge IX Seigniories are services whereby Lands are holden X. Services are common to all certain estates or proper to inheritances XI Common as Fealty and Rent service whereof Fealty is incident to every such estate XII And therefore the Seigniory or Tenancy being altered it must be done anew XIII All other both common and proper grow by Reservation XIV Fealty is an Oath to be faithfull to the Lord for the Tenements XV. Rent service is a Rent to be paid to the Lord at certain set times XVI And to this place we may refer all services that lie in Fesance XVII Of which kind two amongst the rest are specially to be considered viz. Frank-Almoign and Divine Service XVIII Frank-Almoigne is when a man of the Church holdeth freely in Alms for which he is bound to say Prayers XIX But because the Prayers are not limited in certain he neither shal do Fealty nor is subject to distres XX. The lord must warrant such a Tenant against himselfe and his heirs and save him harmlesse of all manner of all services against the Lords above XXI Divine service is a spirituall kinde of service limited in certain XXII These are the services whereby every certain estate may be holden XXIII There follow those proper to Inheritances the Grantee whereof shall hold of the Grantor by such services as he holdeth over if other services be not reserved XXIV Or the Grantor may appoint him â—o hold of the next Lord. XXV A Mesn must acquit the Tenant of all manner of services against the Lords Paramont XXVI But Donors in Frankmarriage cannot hold but by Fealty and that of the Donor untill the Fourth degree be past who must also acquit them of all manner of services XXVII One that holdeth of the King as of his person alienating the Free hold without licence forfeiteth the Land XXVIII Services proper to Estates of Inheritance are Homage and Suit or Court XXIX Homage is an Oath of fidelity acknowledging himselfe to
every Accomptant or him that receiveth money for the Queen or her successors to be imployed to the use of the Queen c. shall be extended in the nature of a Statute staple for the payment of the arrerages Or the Queen c. if he do not satisfy within six moneths after the arrerages found may sell his land and the party may have the surplussage to be delivered to him by him that received the money upon the sale without further warrant This sale to be of any land whereof it is found by Inquisition that the Accomptant taketh the profits with Inquisition if it be true after traverse of the office and that found for him he shall have his land againe without any petition livery or Ouster le main Here if any such buy land with the Queens treasure and pay not the arrerages as before the Queen shall seize and retain the land according to the rate that the party had it This Act extendeth not to such officers as have used to disburse money immediatly after their accounts past as the treasurers of War Garisons Navies c. unlesse the Queen c. command present pay Neither doth it extend to Accomptants whose whole Receit exceedeth not 300 l. not to Sheriffes Escheators or Bailiffes of Liberties The Queen c being satisfied by sale of land the sureties shall be discharged for so much and if any remain yet unpaid the sureties shall pay the residue ratably according to their abilites Stat. 2 7. El. 3. the Queen c. may make sale of the accomptants lands c. as wel after his death as in his life time and as well where the accompt was made and the debt known within eight years after his death as in his life time Provided that after the Accomptants death and before the lands be sold a fcire facias shall be awarded to garnish the heir to shew cause why the lands c. should not be sold c. whereupon if the heir upon such Garnishment or two nihils returned do not prove unto the Court that the executors or administrators of the accomptant have sufficient then ten moneths after such two nihils or garnishment returned the lands c. shall be sold and disposed according to the Stat. of 13. El. 4 Nevertheless the heirs sale bona fide and upon good consideration before the scire facias awarded shall be good to him that is not consenting to defraud the Queen c. This Act shall extend to all Officers of Receipts and Accompts to the Queen and to none other The heirs lands c. shall not be sold during his minority but at any time within eight years after his ful age they shall be liable as aforesaid If the Accomptant or debtor had a Quietus est in his life time that shall discharge the heir of debt Stat. 7. Ja. 15 No debt shall be assigned to the King c. by any debtor or accomptant other then such debts as did before grow due originally to the Kings debtor or Accomptant bona fide All Grants and Assignments of debts to the King c. contrary to the true intent of this Act shall be void Rule 15. Marlbr 23. 52. H. 3 Attachment given in an Action of Accompt against Bayliffs that withdraw themselves and have no lands or tenements to be distrained by Westm 2. 11. 13. E. 1. He to whom the accompt is to be made may assign Auditors to take it who may immediately commit to the next Gaole the Accomptant being found in arrerages till he fully satisfie wherupon the Accomptant finding himself grieved may bring the matter by a scire facias before the Barons of the Exchequer CHAP. 32. Rule 22. WEstm 1-20 3. E. 1. Trespassers in parts and Ponds attainted at the suit of the party besides making large amends according to the trespass and fine at the Kings pleasure shall have three years imprisonment and finde good surety not to commit the like trespasse And if he cannot finde surety he shall abjure the Realm Being a fugitive and having no lands or tenements whereby to be justified he shall be proclaimed from county to county and if he appear not outlawed Stat. 5. R. 2. 7. None shall enter into lands or tenements by force in pain of Imprisonment and ransome at the the Kings pleasure Stat. 15 R. 2. 2. When forcible entry is made into lands or Church-livings one or more Justices of peace taking sufficient power and going to the place so kept by force may commit the offender to the next Gaole there to remain convict by the Justices record till he hath made fine and ransome to the King and herein the Sheriff and all others shall be assistant in paine of Imprisonment and great fines making Stat. 8. H. 6. 9. The Statute of 15 R. 2. 2. shall be duely put in execution both against forcible entry and forcible detainer though the entry was peaceable When complaint of any such entry or detainer shall be made to any such Justice or Justices of peace he or they by precept shall command the Sheriffe to summon a sufficient Jury and having by them made inquiry of the force committed shall cause the tenements to be reseised and that as well in the absence as presence of the party offending And here the alienation of tenements so entred into or detained by force for maintenance shall be adjudged void Howbeit this Act shall endamage none where peaceable possession hath been enjoyed three years Stat. 31. El. 11. There shall be no restitution upon an Indictment of forcible entry or detainer where the defendant hath been three years next before in quiet possession and his estate therein ended Stat. 21. Ja. 15. Vpon force or detainer as aforesaid a Justice or Justices of peace have power to give restitution of possession as well unto tenants for years by Elegit Statute-Merchant or staple copiholders or Guardians by Knight service as unto such as claim freehold or Inheritance Merton 6 20. H. 3. A Lay-man ravishing or marrying a Ward within 14 years of age shall be imprisoned besides losse of the value of the marriage Westm 2. 35. 13. E. 1. A strict Law against one that taketh away a Ward CHAP. 33. Rule 2. MAgna Cart. 34. 9. H. 3. A woman shall have no appeal but only of the death of her husband Glocester 9. 6. E. 1. An appeal of the death of a man must be brought within the year Stat. 3. H. 7. 1. One acquitted upon an indictment of Murder or man-slaughter or as accessory shall not go at large without good bayl untill the year and day be past within which time an appeall may be brought if no Clergy be had before and all advantages therein saved as if the acquittall had not been CHAP. 34. Rule 17. 18. WEst 2. 7. A guardian may have writ of admeasurement of dower howbeit the heir at full age shal not be barred by that suit if the guardian did follow it faintly In
do it by the form of his deed or he or his ancestors have used to do it before the Kings first voyage in Brittain being about 39 years and an halfe before the making of this Statute The eldest Coparcener shall only do suit of Court and the other parceners shall be contributary All one Jointenant or tenant in Common shall do the 〈◊〉 and the rest shall contribute Rule 38. Westm 35. Reasonable aid shall be 20 l. for a whole Knights fee and as much for 20. l. land iâ— soccage and so more or lesse according to that rate It shall be levied at 15 years age of the son and â— years of the daughter and if the Father levy it and dye before the marriage of the daughter the father executors shall be charged therewith and if they have not assets the heir shall be therewith charged Stat. 25 E. 3. Stat. 5. 11. Reasonable aid to make the Kings eldest son a Knight and to marry his eldeâ— daughter shall be levied of all lands holden of the King without Mean according to the rate in the former Statute Rule 43. Marlbr 17. 52. H. 3. Guardian in soccage shall make no waste sale or destruction of the heirs inheritance but safely keep the same to the use of the heir and when he comes to age shall answer the issues thereof by a lawful accompt saving his reasonabl costs neither shall such Guardian sell the marriage of such heir but to his advantage Rule 48. Magn. Cart 3 9. H. 3. The Lord shall take homage of the heir before he have the Wardship and such heir after he hath been in Ward shall at his full age of 21 yeares have his inheritance without relief or fine and if the heir within age be made a Knight yet his land shall remain in ward untill his full age aforesaid Marlebr 6. 52. H. 3. If one enfeoffe his heir within age to cause the Lord to lose his Wardship and die yet the Lord shall have the Wardship So when a fraudulent feoffment is made by a tenant upon condition to revert after certain yeares to him and his heirs if the feoffees pay not a certain sum to the value or more then the value of the lands In such case the Lord shall have a writ de Cuctodia reddenda And if being able to aver this matter he recover yet the feoffees shall have the land again when the heir comes to age Howbeit the Lord not being able to aver it shall render the feoffees their costs and damages Stat. 32. H. 1. Two Jointenants or more holding of the King and he that hath the fee dyeth the King shal presently have the ward-ship and marriag of the body of his heir if he be within age Saving to every woman her dower of two parts of those lands divided from the third part as in that Statute is directed and saving to the King during the wards minority the reversion of such Jointenants and tenants in dower Rule 50. Merton 6. 20. H 3. If any heir 14 yeares old or above marrie himself without licence of his Lord to defraud him of the marriage and the Lord of him a convenient marraige without disparagement thâ— Lord shall retain the land beyond the term of his fuâ—â— age untill he may receive the double value of the maâ—riage If a Lord marrie the heir within 14 yeares of age whereby he is disparaged he shall lose the Wardship and the profits of the lands shal by the Wards friends be converted to the Wards use Merton 7. 20. H. 3. If an heir will not marry at the request of the Lord he shall pay to the lord as much as his marraige is worth for of right the marraige of an heir within age pertaineth to the Lord. West 1. 22. 3. E. 1. The Lord may hold the land oâ— heirs female two yeares after their age of 14 within which two years if he marrie them not they shall gâ— quit without giving any thing for the wardship or marriage and If they will not except a convenient marriage tendred by the Lord he shall hold the land til their age of 21 yeares and over until he have taken the value of the marriage Stat 4. 5. P.M. 8. None shall take or convey or care to be taken or conveyed away any maid or woman child unmarried being within the age of 16 yeares or of the custodie and against the will of the father or mother of such childe or of the person to whom the father of such child by his last will or other act in his life time hath appointed the governance of such chilâ— except such taking shall be without fraud by or foâ— the Master or Mistris of such childe or her Guardiaâ— in Soccage or Chivalrie in pain of two years imprisoâ—ment with out Bail or else to pay such fine as shall be assessed by the Council in the Star-chamber None shall take away or deflower any such childe oâ— against the will of her father if he be living or of heâ— mother having the custody of her if the Father bâ— dead contract matrimony with any such Child except by the title of Wardship in pain of five years imprisonment or to pay a fine to be assessed by the sayd Councill The Fines are to be divided betwixt their Majesties and the prosecutor The said Council and Justices of Assize have power to hear and determine these offences If any such child above the age of 12. and under the age of 14 consent to any such contract of matrimony the next of the kin to whom her inheritance should come shall enjoy it during her life but after her decease it shall revert to the right inheritor other then to him that did so contract matrimony This act shall not prejudice any custome in London or any other Citty or town concerning Orphans CHAP. Rule 6. MErton 4 20. H. 3. Lords of wastes or commonable woods or pastures may approve against their Tenants part thereof so as they leave sufficient Common besides together with free ingresse and regresse to enjoy the same West 2 46 13 E. 1. Such a Lord may approve in like sort against his neighbours which have common appurtenance and for a Windmil Sheepcote Dairy enlarging of a Court or Courtilage none shall be grieved by Assize of novel disseisin If a ditch or hedge made for that purpose be thrown down and the parties offending be not discovered by the Townes adjacent they shall make it up again and render damages Stat. 3. E. 6. 3. Upon Iudgment for the Plaintiff in an Assize upon any branch of the said Statutes of Merton and Westm 2. the Court shall award treble damages This Statute shall not extend to houses built before the making thereof not having above three acres laid to them nor to a Garden Orchard or Pond not exceeding two acres Stat. 43. El. 11. All contract made betwixt Lords and Commoners of wasts c. subject to surrounding shall be good save where the Queen
be the Lords man In the doing whereof the Tenant must be ungirt uncovered kneel upon both knees and hold both his hands together between the Lords hands sitting before him XXX This is to be done to the Lord himselfe and but once during the Tenants life XXXI The Kings Chamberlain shall take homage for him XXIJ. When an Inheritance descendeth to Coperceners the eldest only shall do Homage XXXIIJ But if they hold of the King all of them must do it XXXIV When one and his Ancestors whose heire he is have held by homage of a Lord and his Ancestors whose heir the Lord is time out of mind and the Lord hath received homage that bindeth him to warrant and acquit the Tenant XXXV Suit of Court is a service by comming to the Lords Court And here Land in the Lords hands whereof severall men hold by Suit of Court is termed a Mannor but the Land considered apart from the service is termed Demesnes XXXIV The particular kinds of services whereby Lands of inheritance are distinguished are Soccage and Knight-service XXXVII Both draw unto them certain commodities to the Lord partly in the Tenants life and partly after his death XXXVII That in his life is reasonable Aide or Portion towards the making of the Lords eldest Son a Knight and towards the marrying of his eldest daughter XXXIX The other after his death are wardship and reliefe XL. Wardship is the custody of the body and land of the heir within age which shall be til fourteen of a woman XLI Relief is a Portion to be paid by the heir to the Lord. XLII Soccage is tenure to be done out of Ward XLIII Where the next of the kinne to whom the Inheritance cannot descend shall have the heirs wardship till fourteen to the heirs own use XLIV Here for releif the Lord shall have presently so much as one years rent amounts unto XLV Tenure by Soccage in Cheif giveth the King primer seisin or the value of that Land by a year if the heir be of the age of fourteen year at his ancestors death XLVI Knight service is a service touching Warre to be done by the body of a man XLVII To all Knight service Homage is incident XLVIII Here the Wardship is the Lords to his own use and that till 2â— of an heir malâ— XLIX The wife shall be barred of her Dower so long as she detained the heir from him L. Wardship of the body giveth the wards marriage to the Lord. LJ If one hold sundry Lands of diverse Lords the wardship of body goeth to the Lord of that Land which the tenant held first and this is termed Tenure by priority LIJ The King shall have the Wardship of the body though the tenure of him be by Posteriority LIIJ The eldest child being heir apparant to his father shall not be in ward for his body during his Fathers life LIV. Tenure by Knight service in cheif giveth to the King the Wardship of all other Lands also LV. It giveth him likewise Primer seisin or the value of them all by half a year if the heir were in Ward by a whole year if he were not which Pâ—imer seisin must be paid and relief also LVI Relief for Land holden by Knight-service amounteth to an C.s. for a whole Knights fee to a C. Marks for a Baronie and to a C. Pounds for an Earledome LVII If The heir be within age at the Tenants death no relief shall be paid to the Lords that are to have the Wardship LVIII Grand Serjancie viz. Tenure of the Kings person to do to him a more speciall service whatsoever by the person of a man is a speciall Knight service in chief where thâ— King in stead of relief shall have the value of the Land by a year LIX Rent charge is a Rent with Liberty to distrain CHAP. 8. Rent seck Common I. BAre Hereditaments concerning land for which no distresse can be taken are a Rent Seck and Common II A Rent Seck is a Rent without liberty to distrain III. When a rent is granted for equaliy of Partition amongst Coperceners this rent may be distrained for though no such liberty be granted IV. The grant of a Seigniorie Rent charge and Rent Secke as also of a Remainder or Reversion of any of these or of the land it selfe is nothing worth without Attornment viz. agreement of the tenant that presently must be charged V. In the grant of a reversion depending upon a Freehold the Attornment of the Freeholder is sufficient though he be not the Tenant that presently must be charged VI. Common is a profit to be taken in anothers Land CHAP. 9. Villenage Annuity Corodie Office I. BAre hereditaments that concern the person are meerly of the person himself or by reason of the person II. of the first sort are Villeins III. A Villein is such a servant as himself and whatsoever he possesseth is the Lords if he claim it IV. The Lord cannot sease his villein in the the Kings presence V. The children of a Villein are also Villeins VI. Villenage beginneth by confessing a mans self to be one in a Court of Record VII A Villein is manumitted or set free when the Lord enableth him to possesse any thing against himself VIII Those by reason of the person are Annuities and Corodies or Offices IX Annuitie is a yearly rent to be had of the person of the Grantor X. Corodie is a Portion for ones sustenance XI Office is a duty of attendance upon a charge CHAP. 10. Franchises I. BEsides the Hereditaments already handled there be certain other derived from the Kings Prerogative which are termed Franchises II. A Franchise is a Royall priviledge in the hand of a subject III. It may be forfeited by misusing of it IV. The kinds of Franchises are divers and almost infinite V. Of such sort are Warrens Markets Faires Toll of every buyer for things he buyeth there not being for his own expences and whatsoever liberties or commodities else that created at first by the Kings speciall grant or of their own nature belonging to him are given to common persons to have any manner of estate in CHAP. 11. Chattels Reall and Personall Testament Bailment Contracts Actions Arbitrement I. SUch then is the nature of an hereditament in his sundry sorts and kinds II. Chattels are possessions wherein there cannot be severall estates III. All ones Chattels whether in possession or that any is indebted to him in may be given away or devised by his Testament IV. Testament is the appointment of some person to administer them for him after his death who therefore is called an Executor V. the Executors must prove the Will to be a true one in the spirituall Court and be sworn to see it performed VI. If many Executors be made and one refuse yet he may administer at his pleasure VII But an Executor once administring can never refuse after VIII Executors must answer all certain duties of the Testator IX But so as duties
or Darrein presentment at his pleasure Rule 15. Westm 2. 9. The Mesne not coming in to acquit the tenant loseth the service and the tenant shal have like remedy against the lord for exaction as the Mesne might have had And there see the processe and proceeding to be used against the Mesne Rule 21. Stat. de finibus 18. E. 1. Stat. 4. After the writ original is delivered in the presence of the parties before the Justices the Pleader shall say Sir Justice Conge d'accorder then the Justice shall say what saith Sir R And when the Kings fine is agreed for and the peace cried the Pleader shall declare the substance of the fine the parties ought to be of full age of sâ—â— memorie and out of prison A feme-covert must be examined before four Justices and without her consent the fine cannot be leived Stat. de finibus levatis It shall be no good exception that before and at the time of the fine leived the demandant or his ancestors were seised of the land contained in the fine or of some part thereof Fines shall be openly read at two certain dayes in the week by the discretion of the Justices and in the meane time all pleas shall cease Sta. 5. H. 4. 13 Every writ of Covenant All other whereupon Fines are levyed the dedimus potestatem and all knowledges of the same before they be drawn out of the Common Bench by the Chirographer shall be inrolled in a Roll to be of Record for ever out of which execution shall be had if the Notes and Fines be imbeziled Stat. 23 El. 3. Every writ of Covenant or other writ whereupon any fine is levyed the Return thereof the Concord Note and Foot of the Fine the Proclamations and the Queens silver also every writ of Entry in the post and other writ whereupon any common recovery is suffered writs of Summons ad Warrantizandum and the returne of all these writs and every warrant of Attorney may at any mans request be inrolled which Inrollment shall be of as great force to all purposes in law as the things themselves if they were extant No Fine Proclamation or common Recovery shall be reversed by writ of Errour by reason of false Latine Razure Interlining mis-entring of the warrant of Attorney or of any Proclamation or by reason of any other defect of form in words and not in matter of substance Rule 22. Stat. 34. E. 3. 16. The plea of non claim of Fines shall be no barr hereafter Stat. 4. H. 7. 24. Every fine after the ingrossing shall be proclaimed in the Court the same Term and the three next four severall dayes in every Term all pleas ceasing the whilest The Proclamations being so made The fine shall conclude all privies strangers except women Covert persons within 21 years of age in prison out of the Realm or of non-sane memory being no parties to the Fine so as they or their heirs take their action or lawfull entry within five yeares after those imperfections removed saving to all persons and their heirs other then parties the right claim and interest which they have at the time of the fine so as they pursue it by action or lawfull entry within five years next after the Proclamations And saving to all other persons such right title claim and interest as first shall grow remain or come to them after the Proclamations by force of any matter before the fine so as they take their right according to the Law within five years next after it so growes c. And those that be Covert-baron c. at the time when it groweth that they or their heirs take their action or lawfull enuy within five years after those imperfections removed saving also to all not parties or privies the exception that none of the parties or any to their use had any thing in the lands at the time of the fine Stat. 1. M. Parl. 1. 7. All Fines whereupon Proclamations be not or shall not be duly made by reason of the adjournment of any term by writ shall be as good as if any term had been holden from the beginning to the end and proclamations therein made according to the Statute Stat. 32. El. 2. Proclamations of Fines shall be only four times viz. once in the term wherein the Fine is ingrosed and once in every of the three termes next after CAAP. 30. Rule 2. MAg Cart. 12 9. H. 3. Assises of Mortdancester and novel-disseisin shall not be taken but in their proper County by the Justices of Assize and if they cannot be determined there they shall be determined by the same Justice in their Journey Also difficult matters shall be referred to the Justices of the bench to be there determined westm 1. 24 3. E. 1. An Assize given against an Escheator Sherif or other Bailiffe of the King that seiseth any lands by colour of his office without special-warrant and double damages to be recovered by the â—estâ—e partie greieved Westm 2. 25. 13. E. 1. An Assize of novel disseisin shall lie for estovers of wood profit to be taken in woods a Corody delivery of Corn and other victuals and necessaries to be received yearly in a certain place toll tronage passage Pontage Pawnage and the like to be taken in places certain the keeping of Parks Woods Forests Chases Warrens Gates and other Bayliwicks and Offices in fee And in all these cases the writ shall be de libero tenemento All an Assise is given for common of turbarie fishing and such like Commons appendant to a freehold or without a freehold by special deed at least for term of life If any holding for years or in ward alien in fee remedie shall be had by an Assize and both the feoffors and feoffees shal be had for disseisors so that during the life of any of them the said writ shall hold place but if they die the remedie shall be by writ of entry the giving of this writ in new cases shal not diminish the force thereof in those wherein it had force before and remedie also shall be had thereby in case where on feedeth in the sevrall of another In this suit if the defendant fail to make good the exception which he pleads he shall be adjudged a disseisor without taking the Assize and shall give to the Plaintiffe double damages both inquired and to be inquired and besides shall suffer a years Imprisonment If such an exception shall be alledged by a Bailiffe the taking of the Assize shall not thereby delayed nor yet the judgement upon the restitution of the land and damages Howbeit if the Master of such Bailiffe afterwards offer to prove to the Court by matter of Record that there was just exception whereby the Plaintif might have been barred he shall have a venire facias to produce such record And then if the Justices see cause the plaintif shall be warned to appeare at a certain day and the defendant shall then have again his
seisin and damages and the plaintif shall be punished by Imprisonment at the discretion of the Iustices In like manner also shall the Iustices proceed in case the defendants proof is by deeds and releases for if the plaintif purchased the Assize contrary to his own deed he shall be punisht as aforesaid Stat. 7. R. 1. 10. An Assize of novel disseisin for 〈◊〉 issuing out of Lands in divers Counties shall be takeâ— in confinio comitatus as is used for Common of Pasâ—â—â— in one County appendant to tenements in another Stat. 1. H 4. 8. A speciall Assize is maintainable by the disseisee for such lands as are granted by the King patent without title first found by inquest for thâ— King without suit to be made to the King in that behalfe And if the pattentee pray in Aide of the King a procedendo shall also be granted without suit Here 〈◊〉 the Assize passe for the disseises he shall recover 〈◊〉 damages against the patentee Stat. H. 4. 8. If any make forcible entry into land by way of maintenance the Chancellor of England shall grant a special Assize without suing to the King and if the disseisor shall be attainted thereof he shaâ— suffer one whole yeares imprisonment and restorâ— double damages to the party grieved Stat. 21. H. 8. 3. The plaintif in Assize may abridgâ— his plaint of any part whereunto a bar is pleaded without prejudice to the residue Merton 3. 20. H. 3. A man disseised recovering his seisin by Assize of novel disseisin or confession of the party and having the same delivered him by the Sherif if he be again disseised of the same tenements by the same disseisor he shall have a writ of redisseisin to command the Sherif taking with him the Keeper of the pleas of the Crown and other Knights in proper person to go to the land c. and by the first Iurors or other lawfull men to make inquiry Howbeit this must not be without speciall commandment of the King The redisseisor shall be imprisoned Marlbr 8 52. H. 3 And not delivered without special command of the King and payment of a Fine Westm 2. 8. 13. E. 1. Writs of redisseisin must be inrolled in the Chancery and transcripts thereof shall be sent into the Exchequer Westm 2. 26. A writ of Redisseisin shall lie for them-that have recovered by default reddition or otherwise without recognition of assizes or Iuries The redisseisor shall answer double damages and not be reprevisable by common writ Rule 8. Westm 2. 24. 13. E. 1. Giveth an assize of nusance against him to whom the tenement is alienated after the nusance is made Stat. 6. R. 2. 3. The Plaintif if he will may have a writ of nusance in the nature of an Assise determinable before the Iustices or before the Iustices of Assize Rule 9. Magn. Cart. 12. Vide suprae Rule 2. Marlb 16. 52. H. 3. If the Lord will not render unto the heir the land when he comes to age without plea the heir shall recover his land by an Assize of Mortdancestor together with all his damages West 2. 4. 13 E. 1. If a woman haveing no right recover Dower against a Guardian the heir at full age shall have a Mortdancester aginst her Glocester 3. The heir shall have an Assize of Mortdancester if the tenant by eouttesie alien and leasâ— no Assets Glocester 6. All the heirs whereof one is Son oâ— Daughter Brother or Sister Nephew or Niece and the other in a further degree shall joyne in a Mortdancester Rule 10. Mag. Cart. 13. An Assize of Darrein presentment shall be alwayes taken before the Iustice of the Common place Rule 1â— Westm 2 24 13. E. 1. A writ of Juris utrâ—â— shall be granted to try whether free almes belong to one Church or another in case where they are transferred from one Church to another Rule 13. Stat. 31. H. 8 1. Iointenants and tenants in Common of an estate of Inheritance in their owne right or in the right of their wives in any Mannors Land c. may be compelled to make partition by writ de partitione facienda as Coparceners are compellable to do and afterwards shall have aid to deraigne the Warranty paramount and to recover pro rata as Coparceners after partition should Stat 32. H 8. 32. Iointenants and tenants in common that hold for life or years amongst themselves 〈◊〉 with others that have Inheritance or freehold in any Mannors lands c shall also be compelled to make partition by the said writ to be pursued upon their case Howbeit such partition shall not be prejudicial to any but the parties to such partition their executors and assignes CHAP. 31. Rule 3. STat. 9. E. 3. Stat. 1. 3. In a writ of debt brought against divers executors they shall have but one Essoine before appearance and another after appearance he or they that do first appeare in the Court at the grand distresse shall answer to the Plaintiffe and the plaintif if it passe for him shall have judgment and execution of the goods of the Testator against all named in the writ as well as if they had all pleaded Rule 7. Mag. Cart. 8. 9. H. 3. The pledges shall be free so long as the principal debtor is sufficient And they answering the debt shall have the lands and rents of the principall untill they be satisfied but note that this is meant of the Kings debtor Stat. 1 R. 2. 12. No Warden of the Fleet shall suffer any prisoner in execution to go out of prison by Mainprize Bail or Baston without making gree with the party unlesse by writ or other commandement of the King upon pain to lose his Office and the Creditor to have a writ of debt against him Stat. 23 H. 6. 10. Every Obligation taken by a Sheriff or his Ministers by colour of their office of any peâ—son in their Ward by course of Law shall be by the name of their office and upon condition that the prisoner appeared at the day and place mentioned in his Writ Bill or Warrant an Obligation in any other forme taken is void Stat. 32. H. 8 37. The Executors and Administrators of him that hath any rent or fee-farm in fee-simple fee-tail or for life shall have an Action of debt for the arrerages in the Testators life time against the tenants that should then have paid it or may distreine and make avowrie upon their matter in the lands so long as they remaine in the possession of the said tenant or of any claiming onely from him A husband seised of any such estate in any rent or fee-farm in his wives right shall after her death himself also his executors or administrators have the same remedy for arrerages due in her life So likewise of him his executors or administrators that hath a rent or fee-farme during anothers life and Cesty qui viâ— dye the same being unpaid Rule 9. Stat. 13. El. 4. The lands profits and hereditaments of
a man no Essoin shall li◠for the Appeallor Westm 1. 41. In Assize and Juries utrum after the tenant hath appeared he shall be no more essoyned so it is also for demandants in an Assize by Westm ◠28. westm 1. 42. Perceners or Jointenants in a Praecipe against them shall have but one Essoin so likewise for a man and his wife by the Stat. of Glocester 10. Stat. 9. E. 3. Stat. 1. 3. In a writ of debt against executors they shall have but one Essoin before and another after appearance Westm 2. 27. No Essoin is allowed after day given by prece partium Marlbr 13. After a man hath put himselfe upon an Inquest he shall have but one Essoin wessm 2. 17. After one hath put himselfe upon an Inquest an Essoin shall be allowed him at the next day but never after Marlbr 19. None shall need to swear to warrant 〈◊〉 Essoin Westm 1. 43. The Demandant may aver against an Essoyn of being beyond Sea Westm 2. 17. He may aver that the tenant is not sick nor in such plight but that he come before the Justices c. Stat. 5. E. 3. 7. Essoyn of the Kings service or protection shall not be allowed in Writs of Attaint Stat. of Essoyns 12. E. 3. 2. See many particular Cases where Essoyns lie not Rule 16. Stats de Anno Bissextili 21. H. 3. The day increasing in the Leap-year and that going before shall be accounted for one day Dies communes in Banco 51. H. 3. Dayes given in Writs shall have 9 returns Dies communes in Banco and 32. H 8. 21. Common dayes shall be given in reall actions 9 returns In Writs of Dower 5 returns Malbr 12. In Dower unde nihil habet 4 or 6 dayes shall be given in the year In Assizes of Darrein presentment or Quare impedit from 15 dayes to 15 dayes or from 3 weeks to 3 weeks as the place shall be neer or far Stat. 5. E. 3. 6. 7. In an Attaint 5 dayes at least Rule 17. Stat. 1. E. 6. 7. By death of the King no Action Suit Bill or plaint shall be discontinued or put without day but shall proceed as if the King had lived Rule 39. Stat. 14. E. 3. 14. The manner of search in suit by petition Rule 43. 27. El. 7. A Iuror shall not be returned without a true addition of the place where he dwels and some other addition wherby he may be known Stat. 35. H. 8. 6. What issues shall be returned upon Jurors Stat 2 3. E. 6 32. If the principall Jury appear not fully at the nisi-prius those that make default shal forfeit their issue though the Jury be made up de Circumstantibus CHAP 43. Rule 20. STat de consultatione 24. E. 1. A Consultation shal be awarded by the Chancellor or cheif Justice upon sight of the Libel at the Instance of the Plaintiffe Stat. 50. E. 3. 4. Upon a consultation the Ecclesiastical Judge may proceed notwithstanding any other prohibition so the matter of the Libel be not enlarged or changed Rule 23. Westm 1. 15. Persons outlawed and such as have abjured the Realm Provers and such as be taken with the manner Ptison breakers Theevers openly defamed and known Appellees by proven during the life of such provers house burners Counterfeiters of the Kings Seal and coin Excommunicate persons manifest offenders and Traitors are not bailable c. other Statutes that concern Bail are 3. H. 7. 3. 1. 2 P. M. 13. and 3 P. M. 10. CHAP. 44. Rule 3. West 2. 5. When the parson of any Church is disturbed to demand his Tithes in the next Parish by an Indicavit the Patron shall have a Wtit to demand the Advowson See Stat. pro Clero 18. E. 3. 7. 47. Rule 6. Stat. 25. E. 3.18 The Lord may seise the body of a Villain notwithstanding that a writ de libertate probanda be hanging Rule 10 Stat. 5 E. 3. 7. No protection shall be allowed in Writs of Attaint Rule 12. See Stat. 13. R. 26. The Statute of Protection 1. R. 2. 8. Rule 14. A Creditor shall have an Action and Judgement against the Kings Debtor notwithstanding such a Protection but not execution unlesse he take upon him to pay the King and then he shall have judgement and execution of both debts as well of that due to the King as to himselfe Rule 16. West 2. 17. He may aver that he is not sick c. vide supra Cap 42. Ru. 10. CHAP 45. Rule 7 STat. 14. El 8. Every fraudulent recovery against Tenant for life wherupon the Tenant for life is vouched shall be void against the Reversioner or him in remainder unlesse it be by his own consent appearing of Record Stat. 21. H. 8. 15. Termers for years or such as are in by Execution of Statute staple Statute Marchant or Elegit may falsifie recoveries for their own term only as Tenants of the Freehold might have done at the Common Law Rule 13. 25. H. 8. 3 revived by 5. 6 E. 6 10. One arraigned upon an Indictment of petty Treason wilfull burning of houses murther robbery or other felony according to the meaning of the same Statute if he stand mute of malice or forward minde or challenge peremptorily above 20 or will not directly answer shal lose his Clergy in such manner as he should if upon the arraignment he had been found guilty Stat. pro Clero 25. E. 3. 4. None convict of petty Treason shall have it Stat. 8. El. 6. Not in Rape Ravishment or Burglary nor in the carnal abusing of a woman within ten years of age Stat. 25. H. 8 6. 5. El. 17. Nor in buggery Stat. 5. E. 6 9. Not for robbing a dwelling house booth or tent c. Stat. 4. 5. P. M. 4. Nor for accessaries before the fact in petty treason murther or robbery in an house or in or neer the high way or for the wilful burning of dwelling house or a barn with Grain Stat. 25. H. 8. 3. 5. E. 6. 10 He that doth a Robbery or Burglary in one County and is taken with the goods so robbed or stoln in another County shal lose his Clergy there as he should do where the Robbery or Burglary was committed Stat. 4. H. 7. 13. 1. E. 6. 11. It is grantable but once to one person unlesse he be within orders Stat. 4. H. 7. 13. He that askeh his Clergy the second time shall at a certain day bring his Letters of order or a Certificate Stat. 4. H 7. 18. He that hath his Clergy shall be marked in the hand viz. with a M if he were convict of Murder with a T if he were convict of other felony Stat. 1. E. 6. 12. A Lord of the Parliament in all Cases where Clergie lieth at the Common Law or is restrained by Statute shall upon his prayer be adjudged as a Clerk convict though he cannot read Stat. 1. El. 4. 18. El 7. After purgation he