and took Hares Coneys and Pheasants and not his and good for he hath no property 22. H. 6. fol. 65. Doctor Student fol. 9. None hath property of Birds Fowle wilde Beasts of Forrest and Warren yet the eggs of Hawks Herons and such like are to them which owe the Land Fitzh 67. No man shall be taken and imprisoned for Vert or Veneson if he be not found with the manner or indicted Nat. bre fol. 41. the same See Britton fol. 84. 18. Ed. 4. fol. 14. Where a man licenses me to hunt and kill a Buck in his Park my servant cannot come in by my commandment for the license shall be strict to him to whom it is given 2. Ed. 4. fol. 5. Trespasse one cannot justifie by license of a Keeper to kill a Deer 16. Ed. 4. fol. 7. Trespasse by force of armes he broke his Dove-house and took his Pigeons in the same and good but not abroad when they are out and have no mark and are in the fields 38. Ed. 3. fol. 12. Trespasse for entering into his Warren and took his Pheasants it was held that if the Defendant fly a Pheasant in his own land out of the Warren and his Hawke fly and kill in anothers Warren his entry into the Warren is a wrong Treheron in his reading shewed that Forrest ought to be by Commission and Proclamation and that a common person cannot have a Forrest that is to say cannot make a Forrest nor use Forrest-Lawes as it is said And to a Forrest there are divers Officers and to this is incident a Court of Swannimote but a common person may have a Chase or Park by Grant or Prescription and Forrest-Lawes shall not be to a Chase nor Court of Swannimote the Statute of 13. R. 2 is not inquirable in a Leet but before Justices of Peace that is to say that it is that no Artificer nor Lay man which hath not Lands to the value of forty shillings per annum and no Clark which is not advanced to ten pound per annum shall not keep a Harrier or other Dog to Chase nor shall use Ferrets Hayes Nets Harepipes nor Cords nor other Engines to take or to distroy wilde beasts upon pain of imprisonment for a year yet it is inquirable in a Court Baron if any hunt or hawke within a Park Chase Warren or Demesne Lands of the Lord of the Mannour without his license and for that something of that shall be said 12. H. 8. fol. 3. Trespasse lieth for taking a Hound or Deere out of the possession of the Plaintiffe and hath possession and not property 12. H. 8. fol. 10. One hath but possession of a Deer and if they go out catch that catch may and if any Hawke kill a Pheasant in your Land it seems that I shall have the Pheasant and yet it seems that one cannot hunt nor hawke in anothers Land 10. H. 7. fol. 30. Account lieth against a Keeper for the Deer for he hath possession as a Bailiffe one may grant liberty to one to take every year a Deer or to the Keeper the shoulders of them killed 13. H. 7. fol. 10. Where a Deer is given to one he may bring in his servants to take it for otherwise peradventure he cannot serve his Warrant 13. H. 7. fol. 13. It is said If one hath license to chase he cannot kill 18. Ed. 4. fol. 14 15. H. 7. fol. 16. Fine for hunting shall be greater then the trespasse 21. H. 7. fol. 30. It is lawfull for one to kill a Hart out of the Forrest though he be proclaimed 12. H. 8. fol. 4. saith That one may distrain a Brache doing damage which enters into my Close to chase 2 Ed. 3. tit distresse 20. 48. Ed. 3. fol. 8. He that hath land adjoyning to a Chase may hunt Deer out of his ground with a little Dog but not with Begles and by some if the Dog follow them into the Chase and the owner drives them back yet if they kill the beast trespasse doth not lye Seek 18 H. 6. f. 22. Held that if a man goe in the way adjoyning to a Park and his Dogs break his Leash and kill a Deere in the Parke against his will and he call them back he shall not be punished but it seems that if he doe not what he can to hinder them it shall be a trespasse Fitzh 19. If one incite or procure his Dog to bite a man he shall have his trespasse upon that Assise IN so much that an Assise is brough of a Copy-holder some thing is to be noted to you touching Assises And first I intend That if a Copi-holder of Inheritance dyeth seised of a Copi-hold and his heire enter as he may though there be no Court kept and he not admitted and be outed by a stranger of that dissâ—isic he shall have a Plaint in nature of an Assise Seek for it is 13 Eliz. by the Justices If Tenant by Copy of Court Roll dye seised and his heire enter and take the profits he is no trespasser though the Lord hath not admitted him Tenant and though no Court were held there in seven yeares and further there said that it was adjudged in the Chancery That if Tenant by Copy of Court Roll hath issue two Daughters by diverse Women and they enter and take the profits and one dyes before any Court held now her Cozen collaterall ought to Inherite as heire to her and not the other Sister as heire to the Father which proves that this was a seisin according to their Custome The same Law is if a Copl-holder be admitted and after is thrust out by another or if another be admitted to it and by this he that was first admitted is thrust out by him which was secondly admitted the first Admittee shall have a Plaint in nature of an Assise of that disseisin Plowden Com. fol. 528. Parson before Induction cannot grant an anuity for he hath no possession so it seems if a Copi-holder dye seised his issue shall not have an Assise before admittance Fitz. 177. a. Where Tenant for life in Fee simple or Fee taile is disseised of his Lands and Tenements or outed of that against his will this is disseisin and he shal have an Assise of novel disseisin Nat. brevium fol. 107. Fitz. 195. c. Where my Father or my Mother my Brother or my Sister or my Unkle or my Aunt or Nephew or Neece dye seised of any Lands or Tenements or of Rents of an Estate of Fee simple now if a stranger take possession of this Land or Rent after their death I which am their heire shall have an Assise of Mortdancester Nat. brevium fol. 118. So for a Copi-hold in Fee If my Father Mother Brother or Sister Unkle Aunt Nephew or Neece dye seised of that and a stranger enters I shall have a plaint and make protestation to Sue in nature of a Mortdancester and upon disseisin as above in nature of an Assise of novel Disseisin
and it seemeth I have not seisin to maintaine an action of my owne seisin in the Lords Court unlesse I be Tenant to the Lord and that is where I am admitted for by the admittance of the Lord it shall be said The Lord hath granted seisin and he is admitted Tenant And by this he is Tenant to have an Assise and not before yet before he may take the profits though there be no Court to he admitted for it was no folly in him but may have his action at the Common Law upon the possession of his Ancestour which was admitted though I were not admitted And so where my Father dyeth seised of a Copi-hold in Fee and I am admitted and after another makes claime to it and is also afterwards admitted and enters he cannot have a Plaint in nature of an Assise of novell disseisin against me for 26 H. 8. fol. 3. If one he admitted instituted and inducted to a Benefice and after another be presented and outs him he shall have an Assise or a Trespasse but he presented cannot And so if there be Grandfather Father and Son and the Grandfather was admitted and dyes and the Father enters and dyes before admittance the Son in this case shall have a Plaint in the nature of a Writ of Ayell and not an Assise of Mortdancester And by the Statute of 32 H. 8. chap. 2. it is Enacted that no person shall sue have or maintaine any action for any Lands or Tenements upon his owne possession above thirty yeares next before that began If the Lord of a Mannour grant by Copy the Tenements of a Copi-holder without lawfull cause in Fee or for life and the Grantee enter hee which hath right may have an Assise against the Grantee if he were first admitted As the King by his Letters Patents grants to another my Land and the Patentee enter by force of this Grant I shall have an Assise If a Copi-hold discend the heire shall have a trespasse at the Common Law before admittance as above Seisin of Assise What Seisin is sufficient to have Assise and what not THe Warden of an Hospitall shall have an Assise of Rent where his Predecessor was seised and not he himselfe for the seisin of the Predecessor is the seisin of the House 15 Ed. 3. Tit. 39. accordingly of an Abbot and Prior Fitz. fol. 179. c. and 8. As 16.3 As 5. according also of a Chauntry Priest 34. As 5. Assise is not maintainable against him which hath but a free hold in Law for of that seisin an Assise doth not lye and yet of that seisin a Wife shall be endowed Litt. fol. 152. If a man which hath a title to enter set his foot upon the Land and is outed that is a sufficient Seisin to have an Assise 22 Ed. 3. Br. Seisin 52. If one put in his Beasts to use my common by my commandement this is a sufficient Seisin for me to have an Assise 45 Ed. 3. fol. 25.22 Assise 84. Reversion is granted to J. S. and the Tenant for life attorne and dies and J. S. enter by the Windowes for that he cannot enter by the doore and when one half of his Body was in he was pulled out and yet that is a sufficient Seisin to have an Assise 8 booke of Assises fol. 25. Seisin of Fealty is not sufficient Seisin to have an Assise of Rent but it is sufficient Seisin to make Avowrie for all that is as well for the Rent as for the Fealty 44 Ed. 3. fol. 11. by Thorpe 3. Ed. 3. Tit. 40 3. Ed. 3. Journey to Norfolk 20. H. 3. Tit. 433. 49. Ed. 3.15 and 45. Ed. 3 28. A Lease is made for life reserving foure Markes Rent and the Lessor is seised of twenty shillings of that and taketh distresse for the remainant and Rescous is made and though but twenty shillings be received yet that is a sufficient Seisin to have Assise of all 8 Ed. 3 fol. 12. Tit. 141.8 Ass 4.5 E. 4.2.12 E. 4.7 If the Lord of a Rent service grant the service to another and the Tenant attorn by a penny and after the grantee distrains and the Tenant makes Refocus here was no Seisin to have Assise of Rent but if the gift of a penny had been in name of Seisin and attornment otherwise it is 5 Ed. 4. fol. 2. Littleton fol. 127. b. Lord and Tenant are the Lord grants the Rent of his Tenant by a Deed to another saving to him the services and the Tenant attorns to that this is Rent seck and if the Rent be denied at the next day of payment he hath no remedy but if the Tenant when he attornes or after will give a penny or a half penny in name of Seisin of the rent then if after the next day of payment the Rent be to him denyed he shall have an Assise and that is a sufficient Seisin to have an Assise for all the Rent Littleton fol 42. Seisin of parcell of Rent is sufficient to have Assise of all the Rent 8 book of Assises 4. Seisin of Fealty is not sufficient Seisin to have an Assise of Rent but Seisin of Escuage is Seisin of Homage 21 E. 3. fol. 52. Nat. Brevium fol. 109.5 Ed. 2 Avowrie 209. Using of common by Tenants at will is sufficient Seisin for him in Reversion to have Assise of common If he or his Tenant at will be disturbed 22 Assise according Fitzh fol. 180. By Brudnell of a thing transitory a man shall be in possession without seisure as my Tenant dies his Heire within age I shall have a Ravishment of ward without a Seiser but I shall not have an ejectment of ward of Land which is locall nor Assise of Land without first having possession indeed 14 H. 8. fol. 27. If one recover and be put in by a Clod in the half by the Sheriff and he against whom the recovery was will not go out yet that is a sufficient Seisin to have an Assise 2 Ed. 2. Tit. execution 119. If a man holds of the King in cheife and holds other Land of another Lord and dies his Heire within age which intrudes at his full age and paies his Rent to the Lord this is a good Seisin to have an Assise notwithstanding that he hath not sued Livery for the Signiory was not suspended by the possession of the King but only the distresse for after Livery the Lord may distraine for his Arrerages 34 H. 8. Tit. 48.47 Ed. 3. fol. 12. and 13. H. 7. fol. 15. Pleas of Assise by Bailiff Also it is expedient for you to know what Pleas the Bailiff in Assise shall plead and what the Disseiser and what the Tenant after the Bailiffe hath pleaded BAiliff may plead a Plea which is triable by Assise and none other 6 H. 7. fol. 15. Pleas of a Bailiff ought to be such which are triable by the Assise and for that he cannot pray aid of the King 8. H. 7. fol. 12. and 1. booke of
8. chap. 3. After Verdict he cannot abridge IT is said that after Verdict the Plaintiff cannot abridge his Plaint 28 As 38. Dower demanded may abridge after view Edw. 3. fol. 3. Assise they were adjourned upon Title ASsise they were adjourned upon Title and for that that they cannot agree at the day of the Adjournment after the argument Plaintiff abridge and might 10 H. 6. fol. 22. After the Jury in Assise were together in the house before their Verdict came the Plaintiff and abridged and was suffered 33 H. 7. Tit. 6. B. Attornement WHen any Mannour descends to the Lord upon every descent to the Lord it belongeth to the Steward at the first Court to make all the Tenants to make Fealty and also upon every purchase of Mannour to enter the Fealty of every Tenant which holds of that and also to enter their Attornement and Seisin of Services to the end that the Lord may by this means distrain for his Services and the Tenants may hereafter be better known to him and by 28 H. 8. Tit. 40. Attornement may be made by Tenants to the Lord in his Court to the Steward or Purchasor and not to his Servant in absence of the Lord. For that something shall be said of Fealty and where there ought to be Attornement and where not IT is said that the Tenant that hath made Homage to the Father shall not make Homage to the Son for that he hath once made Homage to his Lord but yet he shall make Fealty to the Son though he have made it to the Father but if the Mannour be recovered against the Father which hath taken Homage now he shall make Homage again Littleton fol. 29. If a Mannour be exchanged yet there ought to be Attornement otherwise the Lord cannot distrain for the Arrearages Perkins fol. 47 56 58. If one alien his Mannour by Deed indented of Bargain and Sale and inrolls that according to the Statute that is good without Attornement and the Lord may distrain for his Services and the same Law is of a Reversion so granted Rastall Inrolment 2. but of a Grant by Fine it is otherwise 27 H. 8. chap. 16. 30 H. 8. Tit. Attornement If the King grant Reversion of Lands or grant a Mannour to one and his Heirs or otherwise by his Letters Patents the Patentee may distrain or avow without Attornement and he need no Attornement 34 H. 6. fol. 7. Fitzh fol. 60. J. 6 Ed. 3. Tit. 13. Natura brevium fol. 171. accordingly 12 Ed. 4. fol. 3. Where a Mannour or Reversion is devised by Will in writing that is good and shall passe without Attornement 19 H. 6. fol. 24. Littleton fol. 132. accordingly of Devise where Lands were devisable by Custome 34 H. 6. fol. 7. The Lord may avow upon the Tenant by the Curtesie and in dower and upon him which recovered against his Tenant without Attornement for they are in by Law and need to have no Attornement 36 H. 6. fol. 35. If one have a Mannour delivered in Execution by vertue of a statute Merchant or an Elegit he may avow without Attornement 20 H. 6. fol. 7. Where a Mannour Escheats or the Lord have that as a Perquisite by his Villain he may avow without Attornement Littleton fol. 132. 34 H. 6. fol. 7. accordingly and Fitzh fol. 60. J. If a man have a Common of Pasture to a certain number or a Common of Estovers certain and grants them over these shall passe without Attornement for that they are not to be taken by the hands of Tenants but by the mouths of Beasts and where no attendance nor payment is to be made by the Tenant there the things may passe without Attornement 31 H. 8. Tit. Attornement Where a man lets for forty years and after lets the same Land to another to have the Land from the end of the first Terme for twenty years there need no Attornement and contrary when he grants a Reversion to have the same Reversion at the end of the first Terme for twenty years then next ensuing there ought to be Attornement by Horewood 37 H. 8. Tit. 41. and 1 Ed. 6. Tit. 4. A man lets a House for Life and after grants the Reversion of the said House to have from the Feast of Saint Michael next after the Death of the Tenant for Life for 21 years then next following this is goâ—â— without Attornement for this passeth by to have the House as a Lease and not as a Reversion and also the Tenant for Life is not attendant to him 3 Mary Tit. 69. One lets for twenty years and this Lessee lets that for ten years rendring Rent and after this Lessee for twenty years grants the Reversion of the Terme Rent to a stranger it behoveth that the Lessee for ten years attorne otherwise it is if no Rent be reserved 2 Ed. 6. Tit. 45. If a man lets for ten years and the same Lessee lets that to another for four years the Lessor makes a Feofment to a stranger by sufferance of the second Lessee this is a good Feofment without Attornement of the first Lessee 28 H. S. Tit. Feofments 68. B. Two joint-tenants and one release to the other it is good without Attornement 28 H. 6. Then let us see what is good Attornement and what not WHere a Reversion is granted and the Tenant attorn by a Penny it is good for it an Agreement 8 Book of Assise 25. A man grants four divers Rents and the Tenant attornes by a Penny this is good for them all that is to say for them all to distrain but not for them all to have an Assise for it is not Seisin 22 Book of assise 66. Attornement ought to be made by the Tenant in the life of the Grantor for Attornement after is not good 16 Book of Assises 25. A Lease is made for Life and after the Reversion is granted to one and the Tenant for life surrender to him this is a good attornement 23 As 18. A man seised of two acres or of two Mannours le ts one for years and after makes a Feofment of both and makes Livery of that in Possession yet the other shall passe without attornement 7 Ed. 4. fol. 20. Where a Feofment and Livery is made of a Mannour that one hath in execution by a Statute this Livery is as an attornement if the Tenant by Statute enter again 46 Ed. 3. fol. 30.7 H. 4. Statham 46. the same If a man lets a Mannour for years and after outs the Termor and enfeoffes another and makes Livery and the Termor re-enter it is good without other attornement 5 H. 5. fol. 12. the same 9 H. 6. fol 16. the same Littl. fol. 130. If a Feofment be made and Livery also and do not out the Termor nor he attorne it is not good 5 Book of Ass 1.17 Ass 3.2 Book of Ass 1. the same and 21 H. 7. fol. 7. If my tenant for life lets his Estate to another upon
forfeit Littleton f. 15. If a man lets a Mannor for years in which there are copy holders and after a copy-holder dies surrender and admittance by the Lord the termor in Court of that Mannour is as well as if he had the fee simple 4 Mar. tit Copy Br. 1.7 Copy-holders shall not have false Iudgement for then they shal be restored to the freehold or shal not lofe the free-hold but ought to sue by Bill that is to say by Plaint in Court 7 Ed. 4. f. 19. the same Littleton f. 16. They shall not be impleaded by the Kings Writ but by Plaint in the Lords Court in nature of what tâ—â— VVrit will Nat. Brevium fol. 16. Coppy-holders have an Estate of Inheritance according to the custome of the Mannors yet they have no Free-hold by the course of the Common Law Littleton fol. 16. Tenant by Copy shall make scalty to his Lord and Tenant at will by the Common Law Lit. fol. 17. It is said though Coppy-holders have Inheritance according to the custome yet they have but an Estate at the will of the Lord according to the course of the Common Law and cannot have Frespasse against their Lord yet they may bar their Lord in trespass brought by the Lord against his Coppy-holder as it appears lit f. 15. and 16. Tenant by the Verge in ancient Demesne LAnds hold by the Verge are not pleadable by the Kings Writ but by Bill for that that the Free-hold is in the Lord but there is a diversity between plow-holders of frank tenure and Plow-holders of base tenure which are dwelling in ancient Demesne for Plow-holders of Free-hold are pleadeable by a Writ of Right close but Plow-holders of base tenure are those which hold by Verge at the Will of the Lord and the Free-hold is in the Lord and are not pleadable by a Writ of Right close 14 H. 4. fol. 1. and 34 Fitzh fol. 14. C. Tenant by coppy which holds by the Verge in ancient Demesne commits Felony and was attaint the King hath yeare day and waste for that that the Free-hold was in the Tenant in ancient Demesne and yet they have no other evidence then copies of Court Roll otherwise it is of meere Coppy-holders which are out of ancient Demesne for the Free-hold is in the Lord I have seen in the County of North Coppy-holders of frank tenure out of ancient Demesne and have used a Writ of right close and have no other Evidences but by coppies according to the custome of the Mannor but their Coppies are not at the will of the Lord 3 Ed. 3. Tit. Br. 22. Stamford fol. 50. Fitzh 11. Coppy-holder of a base tenure shall not have a Writ of Right close but ought to sue by Bill in the Lords Court Nat. Bre 11. Right close lieth alwaies between ploughholder and no plow-holders may implead another plow-holder of Lands within ancient Demesne unless by this VVrit and shall make his protestation to sue in nature of what Writ he will Britton fol 16â— Calls Tenants in ancient Demosne Plow-holders and saith that Plow-holders are such which gain our Land Fitzh 14. D. Those Tenants in ancient Demesne which hold by the Verge by Coppy at the will of the Lord shall not have Monstraverunt against their Lord. Where a Coppy-holder enters and dies before be was admitted Tenant IT was held in the case of one Horewood that where a Coppy-holder hath a Daughter by one Belly and a Son and a Daughter by another and dies and after the Son enters and dies before admittance that the Daughter of the second Belly shal have the Land for it is a possession of the Brother and so it was adjudged in the case of one Stegnes These Cases following I heard agreed for Law IF Tenant by Coppy surrender generally into the hands of the Lord and it do not appeare who shall have the Land nor to what use the surrender is then the Lord shall be seised to his own use If Tenants by Coppy let for yeares by license of the Lord and after release to the Lessee by these words in the Court remise and release it is void for that it ought to be surrendred into the hands of the Lord and then the Lord ought to grant the Reversion to the Lessee for by Littleton fol. 15. It cannot passe without surrender and yet a Release is used of Coppy-hold in the Court in presence of the Steward If the Lord grant parcell of his Demesne Lands to hold by Coppy to one and his Heires this Coppy is not good but at the will of the Lessor for one cannot make Coppy-hold at this day but that shall be by prescription which hath been demised and demisable by Coppy time out of minde c. But if a Coppy-hold escheate to the Lord or he enter in that by forfeiture and at this day grant that over to J.S. by Coppy this is good Coppy and yet in 13 H. 4. fol. 7. If Lands in ancient Demesne are escheated and the King seiseth them and grants them over to J. S. they are frank fee and not ancient Demesne 6 H. 4. fol. 2. But if a Coppy-hold shall be escheated to the Lord and twenty yeares after that he grants them over by Copy againe they are Copy-hold as they were before for that that this Land hath been demised and demisable time out of minde c. If two be Joyntenants by Copy and one of them makes waste in all the Land that shall not be forfeiture but for his part and also if a stranger cuts Trees and makes waste without assent of the Coppy-holder it is no forfeiture If the Lord of a Mannor to which there are Coppy-holders grant by Copy the tenements of one tenant Coppy-holder without just cause to another Tenant in Fee or for life and the Grantee enter by vertue of that grant this Tenant which hath right and which was admitted before may have a plaint in nature of an Assise of novel disseisin against the Grantee If the Husband surrender into the hands of the Lord to the use of his Wife and doth not say A. his Wife it is a good surrender for she is certainly known by that name the same Law is if one surrender into the hands of the Lord to the use of J. his Son and hath two Sons named J. it is to the use of that J. which it is ment to If Tenant by Copy surrender his Lands by custome of the Mannour to two good men out of the Court to the use of a stranger and that made for Money paid he which surrendred cannot countermand his surrender before the two good men have presented it at the next Court for it is much like acknowledging of a Fine before a Justice of Record but where the surrender is to two to the use of his Wife or Son and not to a stranger for Money paid by one lying in extreamity in perill of death and after he revives he may well countermand his
Surrender before it be presented in Court or after if it be not by that admitted afterwards and that is often used and stands with reason and so is the Law as it seems to me If Tenant by Copy of Court-roll be attaint of Felony or Treason the Lord of the Mannour may enter for Tenant by Copy is but Tenant at will according to the Common Law though he hath Inheritance by the custome If a Copy-holder surrender into the hands of the Lord to the use of another and his Heires if the Lord will not admit him Tenant then the Land shall remaine in him which made the surrender and yet he to whose use it was made may sue by a petition or by a Subpena to be admitted If one which hath no right and was not admitted surrender to the use of another and he to whose use the surrender is made enters into the Land and is admitted yet he which hath right may re-enter and out him notwithstanding the Grant of the Lord. But it seems if a Coppy-hold descends to J.S. and he before that he is admitted Tenant surrender that to the use of J. D. and the Lord by his Steward in Court grant Seisin and admits him Tenant it is said to be a good surrender and J. D. shall injoy the Land against J. S. and his Heires Seeke for in the case against Roo the Issue was if he were admitted according to the custome of the Mannor or not Quere and yet this is no disproofe of this opinion but if a Coppy-holder surrender to the use of J. S. J. S. cannot surrender before he be admitted The Lord of the Mannour where the custome is that the Tenants hold by Copy is Chancellour within the same Court Chancellor and may redresse matters there in conscience where a Bill is exhibited to him Suitors so that the Coppy-holders are no Judges in the Court. If an under Steward hold a Court-Baron without authority of the Lord or high Steward Steward and the Lord agree and do not contradict the Steward and there be surrenders made and admittances of Copy-holders in the Court this is good but if he take a surrender and admit one out of the Court without authority of the Lord or high Steward it is not good notwithstanding a lawfull Steward as it seems may take a surrender out of the Court and admittance made out of the Court is good if it be entred in the Court-Roll that he is admitted and hath paid his Fine and hath done fealty And if one holds but one Court by appointment of the Lord where another hath a Patent to be Steward and is absent surrender taken and entred in this Court is good and also is admittance 2 Ed. 6. Tit. 26. Note that the high Stewards are for most part men of honor Steward and great men by patent and their under Stewards are men learned and are appointed by them and without Patent and the use is that they which are under Stewards to such men take Surrenders out of the Court and they are well taken by such under Stewards and the parties are admitted in the Courts held by them that is in open Court and also no doubt when such under Stewards take surrender out of the Court and that is presented by the Homage as the usage is in the Court and the party admit accordingly this is good for without authority these are not for if J. S. make a command to the Bailiff to warne the Court to be held such a day and it is warned and J.S. keeps the Court and is not contradicted by the Lord surrender taken by this J. S. out of the Court and presented and entred in this Court is good though that J.S. have no Patent of his Office for it is not without authority for if he cannot keep Court without a Patent then to every Court it behoveth the Steward should shew his Patent which is not used and was never in Issue whether the Steward had a Patent or not nor if J. S. be Steward or not and specially if he keep the Court warned by his command by diverse daies before the Court kept or if the Lord agree that he shall keep the Court and it is inconvenient that for defect in the Steward which takes surrender out of the Court and enters it in the Court by the allowance of the Homage but that it should be good otherwise one may say thirty or forty years after that the Steward had no Patent of his Office which is inconvenient and ought not to be Where the Steward of the Bishop of London of his Mannor of Hornesey hath a Patent of his Office with confirmation of the Dean and Chapter by the name of Aldred Fitziames where his name was Etheldred surrenders taken by him out of the Court and at the next Court are entred it is found by the Homage that such surrender was made c. and at the same Court the Tenant is admitted accordingly and though that his Patent in time of the Succesfor after in Assise against him be defeated by mis-naming or by other cause yet the Surrenders taken by Aldred Fitzjames during all the time of twenty yeares before his Patent was defeated are good and perfect for that that the surrender was it is found by the Homage and also for that he was the known Steward and also for that he is Judge 33 H. 8. Br. Charge 58. Confirm 30. The same Law seems in the same case if the entry were it is witnessed by the Steward or at this Court it is inrolled so that is to say that J.S. came before the Steward the Court being absent and surrendred c. and in full Court the admittance is accordingly this is a good surrender though it be not entred it is found by the Homage c. for the entry of admittance is The Lord by A. Fitziames Steward gave him Seisin thereof and it is that the Lord by his Steward admitted him and for that it is good insomuch that to that is the assent and grant of him which surrendred and also of the Lord. The same Law if the high Steward to J.S. which hath no Patent in writting of his Office takes a Surrender out of the Court and at the next Court enters that at the next Court it is inrolled so that J. S. came before the Steward the Court being absent and surrendred c. And he to whose use the surrender was made be admitted in full Court this is a good surrender The same Law is like if J. D. be Steward to a corporation without a Patent of his Office and takes surrender as above out of the Court and at the next Court enters it at this Court inrolled so that J.D. such a day came before J. D. Steward and surrendred c. And he to whose use the surrender is made is admitted in full Court this is a good surrender for that that the Steward doth in a
Court of copy-hold he doth it as Judge and is allowed Judge by the Lord. The same Law is if the Steward which is out-Lawed in a personall action or excommunicated take a surrender out of the Court and at the next Court enter it it is witnessed by the Steward and such a surrender is made and admits him to whose use the surrender was made in full Court though it was not found by the Homage yet this surrender is good If a Judge or a Justice be out of his Wits yet the Fines Judgments and other records which were before him shall be good but contrary the gift of an Office or such like by him for that is a matter indeed and the others are matters of Record for a matter in deed may be avoyded by being out of his Wits contrary of matter of Record 1 Ma. Tit. whilest he was not in his Wits 7. The same Law is if the under Steward takes a surrender out of the Court and at the next Court makes his entry of it at this Court it is witnessed that J. D. surrendred and in full Court he to whose use the surrender is made is admitted this is a good surrender though it be not also it is found by the Homage for when he holds Court he is a Judge between the Lord and the copy-holders and yet 2 Ed. 6. Br. Court-Baron 22. and copy-hold the 26. is if the under Steward holds a Court-Baron and in full Court grants copy-hold without the authority of the Lord or high steward this is good contrary Law where it is done out of the Court for it seems if the under Steward grants copy-holds it is intended that if he admits any out of the Court without authority it is not good for it is the Lord granted by his Steward and not that the Steward granted for he cannot grant And also the high Steward may admit out of the Court by speciall usage and custome within the Mannor used for one which holds by copy of Court roll ought to have his Estate entred in the Court held and his admittance to be entred in the Court and for that if the under Steward or the high Steward which hath no Patent as above take surrender out of the Court and present that in Court and the Tenant be in the Court admitted it is good for it is the Lord by his Steward hath admitted and the admittance makes him a copy-holder and the Entry of that in Court makes him Tenant by copy of Court roll for copy-holder is he which holdeth by copy of Court roll so where one admitted in Court and the Lord allowes a Steward is good If a copy-holder of an Estate in fee according to the custome of the Mannour by license of his Lord let for twenty yeares rendring forty shillings yearly he may have an action of Debt in the common place for this Rent or as it seems he may distraine and avow and yet the avowrie is in the nature of an action reall and it seems no doubt if the Rent be reserved by Deed Indent but that he may distraine and avow and yet if he to whose use before the Statute of 27 H. 8. lets by Indenture for yeares rendring Rent he to whose use shall have Debt for that Rent but he cannot avow and if the Lessee in this case make waste he to whose use shall not have an action of wast 26 H. 8. f. 8. The same Law is where a copy-holder by the custome of the Mannour is not punishable for waste by license of the Lord makes a Lease for thirty yeares and the Lessee makes waste the copy-holder shall not have a Writ of waste but shall sue in the Lords Court to punish this waste by plaint in nature of an action upon the case If a coppy-holder of an Estate taile by license of his Lord let for twenty yeares rendring the ancient Rent and dies the Issue in taile may enter and defeat the Lessee but if the Tenant in taile of coppy-hold let for forty years by the Lords license and after the Lease makes a forfeiture of his coppy-hold and the Lord seises it and grants that over again by copy to the Tenant in taile and his Heires or to J. S. and his Heires it seems there the Issue of the Lessor nor J. S. nor the Lord cannot enter and defeat this lease The same Law is if a coppy-holder of an Estate taile lets for forty yeares by the Lords license and dies and his Issue surrenders to J. S. and his Heires this Issue nor J. S. cannot enter and defeat this Lease To this Court came T. R. and did demand license of the Lord to demise all and singular his customary Lands and Tenements scituate lying and being within his Lordship to what person or persons the said T. R. pleased to the tearm and for the tearm of 21. yeares next following the date of this Court to which T. R. the Lord gave license in form aforesaid for the Fine often shillings paid in the Court at the view of the Lord of this Mannor And it is used that the Steward in ful Court licenses a copy-holder to lease a copy-hold for 20. or 40. years more or lesse at their pleasure in the absence of the Lord and this seems good for he is Judge in the Court and when he makes it and enters it in the Court roll the Lord cannot enter for forfeiture because of this lease for when the Steward hath entred it that at this Court T. R. craved license of the Lord to let c. to whom the Lord gave license c. the Lord is estopped to say the contrary but that he gave license the same Law is where a coppy-holder is admitted in Court and is entred in the roll to whom the Lord by such a one his Steward granted him Seisin the Lord cannot afterwards gainsay this admittance and this is to be collected of the case aforesaid in 2 Ed. Brok. Court-Baron 22. If a man lets a Mannor for yeares in which are copy-holders and after a copy-holder dies the Termor of the Mannour grants the Land by copy for three lives this is good the same Law is if a Copy-holder of Inheritance surrender in the Court of the Termor of a Mannour to the use of one and his Heires it is good so that the Lord for the time being may take surrender in his Court but in the first case such a Termor of a Mannor cannot let a Copy-hold reserving lesse Rent then the ancient Rent but ought to reserve the ancient Rent or more 4. M. 1. But it seems if a Disseisor of a Mannour be and the Disseisor seises a Copy-hold by forfeiture or Escheate and grants that over by Copy to a stranger and the Disseisee enter in the Mannor this surrender shall not binde the Disseisee and yet if a Copy-holder of Inheritance furrender in the Court of the Disseisor to the use of J. S. and his Heires this is a good
and bargained his copy-hold to J. S. and his heires J. S. was admitted to have to him and his heires according to the custome this is not good for that it wants this word Surrendred Tenant in taile by copy the remainder over to I. S. in Fee surrender his Lands into the hands of two Tenants to the use of I.N. and his heirs and dyes before that be presented and after that was presented and I. N. admitted this is not good but contrary Law if Tenant in Fee had made that surrender and dyed as above Seek By the custome of a Mannor some Lands are copy-hold for three lives and some to them and their heires and the Lord grants by copy that which was for three lives after those three lives ended to one and his heires this is not good but the custome of the Mannor is good though there be severall copy-holders of severall customes The Lord of a Mannor within which are copy-holders and the Lord grants over the Demesnes to I. S. in Fee so that he hath no Court yet it is said that the copy-holders may surrender as before they did And that the Lord by his Grant cannot destroy their surrender and Copies The Lord may avow for Rent of his Copy-holder before admittance where it descends to a copy-holder but he shall not be sworn of the Homage before admittance If the custome of copy-hold be that the Lord may grant for three lives if all dye and then when the land is come into the hands of the Lord he is bound in a Statute and after he grants that over according to the custome this Land shall not be extended upon the Statute And if a copy-holder be bound in a Statute his copy-hold land shall not be extended and if the Lord be bound in a Statute the land of the copy-holder shall not be extended If an Infant be a Lord and admits a copy-holder to him and to his Heires this is good and he cannot avoid that by his Infancy for he is but an instrument to convey that according to the custome and departs with no Estate If a copy-holder will exchange this is not good unlesse there be a surrender and admittance If a Villaine purchase copy-hold and the Lord of the Villaine enter he shall not have possession of the copy-hold till he be admitted Copy-hold shall not be forfeit by attainder of Heresie for â—he blood is not corrupted for the Statute of 5 H. 5. is not to be intended of copy-hold Lands for it is said by the Statute that he shall forfeit his Lands Tenements and Hereditaments and that the Lord of whom the Lands are held shall have the Lands after the King hath yeare day and waste and this is intended of free-hold and not of Copy-hold but if a Copy-holder be attaint of Treason or Felony as it is aforesaid there the Lord shall have the Land for that that the blood is corrupt and so there is none to inherit but by attainder in Heresie is no corruption of blood If a copy-hold be furrendred to my use simply and the Lord admit me upon condition this condition is void for the Lord gives nothing but is an instrument to convey that according to the surrender so if it be surrendred to me for life and the Lord admits me to have to me and my Heires it is not good If a copy-holder of a Mannour takes a Lease for yeares of this Mannour seek if his copy-hold be extinct But if a copy-holder makes a Lease of his copy-hold to his Lord this was held no extinguishment of his copy but a suspension But if the Lord by Indenture make a lease for yeares of copy-hold land to his copy-holder of that the copy-hold is there held to be extinct so if the Lord make a feoffment to his copy-holder of all his Mannour upon condition and after enter for the condition the copy-hold is extinct and if a copy-holder take a lease for years of the Mannour with a remainder over by Indenture this extincts the Copy-hold If a Disseisor be of a Mannor whereof there are copy-holders for three lives and he grant copies for three lives and after the Disseisee re-enter this shall avoid the grant of the copies by the Disseisor But if the Lord of that Mannor make a feoffment in fee upon condition and the Feoffee grants copies for three lives and after the Feoffor enter for the condition broken he cannot avoid the copies If Tenant in taile or in fee of a Mannour will grant Lands by copy which were no copy-hold Lands before and that hath contiuned by divers admittances after as copy-hold and was never interrupted at any time by the Issue in taile but hath been allowed for him so that that hath continued by sixty or eighty yeares this is very good and shall not be ever after avoided but if it may be shewed to have been an Interruptation then it is otherwise 15 Eliz. If a copy-holder surrender to the use of his Wife for life the remainder to him and his Heires and after the Husband surrender to J. D. and his Heires and dies the Wife may enter by Dyer and Mounson Justices and shall hold for life but the Heires of the Husband are bound otherwise it is if the remainder were to the right Heires of the Husband for they are purchasors of this remainder and may enter after the death of the Wife A Copy-holder hath a Son and a Daughter by one Belly and a Son by another Belly and surrenders to the use of his Wife for yeares and conveyes after her death the remainder to his Son of the first venter his Heires and Assignes and dies the Tenant for years is admitted the remainder in form aforesaid the Son of the first Belly dies without Issue before admittance and during the Tearme and Dyer saith that the possession of the Wife of the Termor or of the Guardion is a sufficient possession to make a Brothers possession 16 Eliz. Mounson saith Copy-holders are within all statutes which speake of Tenants for if a copy-holder had not been excepetd in the Stat of dissolution of Monastries the King had had them which Geffrey and Bendlowes granted The Husband by surrender discontinues the copy-hold which he hath in right of his Wife the Wife is put to her Cui in vita and she is not aided by the Statute of 32 H. 8. 24 Eliz. A copy-holder surrenders to the use of his last will and deviseth that his Executors shall sell the Land to J. S. and makes two Executors and dies and one Executor takes a Wife and surrenders to the use of J. S. the Devisee and was said that by the admittance of J. S. that he was copy-holder though that the surrender be made by both the Executors Taile of Copy-hold EState taile may be of a copy-hold and Formedon in descender may lye of that that is to say may sue plaint and make protestation in nature of a Formedon in discender at the
yet the Land shall be ancient Demesne as it was before By Knivet Fine levied in ancient Demesne is nothing worth for it is no Conrt of Record but common recoveries are used there to cut off an intaile 50 Ass 9. No Land may be pleaded there by right close and not else where How Land in ancient demesne is made frank Fee for a time and how for ever DUring the time that Lands in ancient Demesne is in the hands of the King it is Frank Fee but if the King grant that over to hold of the Mannor againe it is ancient Demesne againe 21 Book of Ass 13. If Recovery or Fine be in Common Bench of Land in ancient Demesne the Land is Frank fee till it be defeated by the Lord by Writ of Deceit and when that is defeat it is void to bind the parties 8 Ed. 4. fol. 6. See 3 H. 4. fol. 6. accordingly If the Tenant in ancient Demesne enfeoffe his Lord of the Mannour being common person and not King the Lordship is Frank see for ever 9 H. 6. fol. 24. B. 3 H. 4. fol. 16. the same Where the King gives Land of ancient Demesne to hold in Franke Almaigne that is Franke fee 6 H. 4. fol. 2. Where a Fine is in common Bench of Land in ancient Demesne is Frank fee so that after if a Recovery of that be in ancient Demesne it is void and before not a Judge 7 H. 4. fol. 3. B. 7 H. 4. fol. 29. the same If the King was once seised of Land in ancient Demesne and lett that for life it is Frank fee for the time 11 H. 4 fol. 84. Where Land in ancient Demesne is forfeit to the King by attainder and the King grants that over to another and his heires now they are Frank fee for ever 13 H. 4. fol. 7. Where a Fine is levyed of Land in ancient Demesne in the Common Bench the Lord may defeat that by a Writ of Deceipt and yet if he to whom the Fine was c. hath a Release with confirmation of the party made after the Fine his Estate is good notwithstanding that the Fine be defeated Fitzh 98. a. The Lessor by his confirmation to his Tenant may make the Land in ancient Demesne Frank fee but if he confirme to hold by meaner services it is no Frank fee 30 Ed. 3. fol. 16. Where Land in ancient Demesne Escheats to the Lord for that that the Tenant dyes without heire generall or speciall are Frank fee for ever for he holds them now of the Lord Paramount 18 Ed. 3. fol. 19. If the Tenant in ancient Demesne answer the action in Precipe in the Common Bench yet it is no Frank fee before Judgement given 2 Ed. 4. fol. 26. The Lord by his confirmation may alter the tenure but not the estate of the Land where he confirmes to hold at the Common Law 49 Ed. 3. fol. 7. Fine at the common Law recovery or where he is in by the Kings Charter or by feoffment of the Lord these prove the Land frank Fee and not ancient Demesne Fitzh fol. 13. C. If the King be seised of Land in ancient Demesne this is Frank fee but if the King demise it to another the Land is ancient Demesne again 17 Ed. 3. fol. 52. A man recovers in ancient Demesne Lands which were at the common Law against a man by Verdict of a Jury and he against whom the recovery was brought an Assise upon that and awarded that he should recover Seisin 30 Ed. 1. Tit. Assise 379. Note the tenure and tryall of ancient demesne and who shall plead ancient demesne LAnds which are ancient Demesne are Soccage Fitzh fol. 11. Tenants in ancient Demesne are those which hold of the Mannors which were in the hands of Saint Edward the Confessor at the time that the Book of Doomsday was made but the Lands written in that Book to be in other mens hands are not ancient Demesne Fitz. 16. E. All the Lands which were in the seisin of Saint Edward the Confessor when the Book of Doomsday was made are called ancient Demesne and the Lands in other hands c. Frank fee Natura brevium fol. 14. If the Land be ancient Demesne or not shall be tryed by the Book of Doomsday 49 Ed. 3. fol. 22. In Monstraverunt Assise The Tenant pleads that the Land was ancient Demesne and it was tryed by Assise in the Book of Notting and also North. 8 Ed. 2. Statham fol. 20. Triall of ancient Demesne is by the book of Doomsday and by that it was certified that London was not ancient Demesne 7 H. 6. fol. 34. In Assise of Mortdancester ancient Demesne was tried by the Country 8 Book Ass 35. 9 Book Ass 9. the same In Assise the tenant saith that it was parcell of the Mannor of B. which is ancient Demesne and the other saith that it is not parcell and upon this at issue and that was tryed by Assise 12 Book of Assises 18.22 Book of Assises 45. the same Assise none shall plead ancient Demesne but he which is Tenant and not the Disseiâ—or 21 Book of Ass 2.41 Ed. 3 tit 22. the same If Land be in the book of Doomsday written under the Title Land of the Bishop and not Land of the King yet though it be in the book of Doomsday it is no ancient Demesne 40 Ed. 3. fol. 45. Form of Pleadings that the Land is ancient Demesne and how he shall sue for ancient Demesne and for Copy-hold in ancient Demesne BY Prisot he which pleads ancient Demesne shall say that the Land is held of the Mannor of D. which is ancient Demesne and pleadable by a petty VVrit of Right close from time out of minde and demand judgment if the Court will acknowledge 36 H. 6. fol. 18. 3. H. 6. fol. 48. But see by Thirne and granted that frank Fee may be held of a Mannor of ancient Demesne 11 H. 4. fol. 85. Precipe the Tenant saith that the Land was parcell of the Mannour of D. which is ancient Demesne and pleadable by petty VVrit of right close time out of minde and demand judgment if the Court will acknowledge and it is no Plea for the Demandant to say to that that it is frank fee for that that it doth not gainsay but that the Mannor is ancient Demesne and that this is parcell but he ought to plead specially how it is become frank fee 41 Ed. 3. f. 22.12 Book of Ass 16.22 Book of Ass 45. Right close lieth alwaies between Plow-holders and no Plow-holder may implead another Plow-holder of Lands in ancient Demesne unlesse by this VVrit and shall make in this his protestation to sue in nature of what VVrit he will as his case is Nat. Brevium fol. 11. They call Tenants in ancient Demesne Sokemaines Britton fol. 105. Copy-holder of base Tenure shall not have a Right close but ought to sue by Bill in the Lords Court but copy-holder in ancient Demesne of free-tenure
the Husband may alien all or part without the Wife and then shee cannot claime Dower Custome in some Mannor is Heire among Copy-holders that the youngest Son shall inherite as in Borrough English and if he have no Sonne his younger Brother as at Edmonton Custome of some Mannor is Heire that all the Sons and all the Brothers shall inherite together as in Gavel-kind at Islington Custome of some Mannor is Heire That if the Tenant dyes seised of five Acres or lesse then the youngest Son ought to inherite but if it be above then all the Sons as in Gavell-kinde ought to inherite Custome of some Mannor is Clivenor If a Copy-holder surrender his Land to the use of a stranger that before the stranger be admitted Proclamation shall be made in the Court thereof and if the next of the blood will come in or Clivenor Land mark those next adjoyning to the bargaine from the East of the Son and will pay so much for the Land surrendred as hee which made the bargaine ought together with all his costs which had the Land so surrendred and then the Bargainee shall make Oath in Court what he payd and that shall be payd him forthwith in Court and then the next of blood or Clivenor which pay that shall be admitted and shall have the Land Custome in some Mannor is Where surrender is of Copy-hold made to him and his that is an Estate of Inheritance in Fee by the custome though it be not to him and his heires And in some Mannor it is to him and his in Villainage and yet it is a good Estate of Inheritance by the custome Custome of some Mannor is That surrender may be made into the hands of the Bailiffe in the presence of two Tenants witnessing that and in some Mannor in the hands of two Tenants to the use of him to whom c. And in some Mannor in the hands of one Tenant to the use of him which should have it and all these are good customes and allowed Custome of some Mannor is Dower that the Wife shall have no Dower nor the Husband shall not be tenant by the curtesie And the custome in some Mannor that she shall have the third part of the Rent and not any Land for her Dower as at Bush Custome in some Mannor is Surrender that surrender may be made into the hands of a tenant in the presence of other persons to the uses c. and is good Tenant at will by the common Law Waste may cut Trees to repaire his Houses and also may take House-boot Hedge-boot and Plough-boot and all this Tenant by Copy may doe And by the custome in diverse Mannors copy-holder may cut his Trees and Wood and sell it at his pleasure and also to suffer the Houses to decay and yet it is not forfeiture as it is at Islington Custome of some Mannor is Lease that copy-holder may let that by Indenture for three yeares without license of the Lord and in some for nine yeares and in some Mannor for more and in some Mannor hee may let from three yeares to three yeares to the terme of one and twenty yeares and is no forfeiture Custome of some Mannor is Harriot that where the copy-holder is Inheritable that the heire shall choose the best Beast and the Bailiffe of the Lord shall seise two of the next best Beasts and for a Cottage two shillings in Silver for Harriot shall be payd and no Beast Custome of some Mannor is Fine to pay six shillings eight pence for a Harriot and no Beast Custome of some Mannor is Ward that a copy-holder pay but one penny for a Fine though there be a hundred Acres or more and in some Mannor six shillings eight pence for every dwelling House and also for every Acre six shillings eight pence and for every Cottage six shillings eight pence and also six shillings eight pence for every Hampsell that is an ancient House or Cottage decayed six shillings eight pence And in every Mannor the Fine is uncertaine but yet the Lord there shall not take more for his Fine then hath heretofore been taken for a Fine and if he doe otherwise the remedy for the copy-holder is in the Chancery against his Lord. Custome of some Mannor is that if copy-holder dyes his heire within age the custome in most Mannors is that the custody shall be committed by the Lord to the next of blood to whom the Land cannot descend And in some Mannors the Bailiffe of the Lord shall have the custody and render the heire an account at fourteene years of the profits and by the custome in some Mannor at fourteene yeares the heire may choose to him a Guardian Custome in some Mannor is Workmen to have certaine dayes of labour in harvest for a day or two dayes and in some Mannor he shall pay foure pence for every day labour of that Custome of some Mannor is Releife that he shall pay for Releife upon a discent but halfe that which is due by common Law as if he hold by six pence he shall pay but three pence for Releife but yet he ought to pay that releife by the custome Also if he come in by Purchase he ought to pay in the like manner halfe his Rent as afore is sayd that is to say three pence where his Rent was six pence Custome of some Mannor is to pay but one penny for releife and not more nor lesse though his Rent be ten shillings Custome in some Mannor is Dower that if a man marry a Mayd and dye seised of copy-hold this Wife shall have all the Land during her life for her Dower but if hee marry a Widdow and dye seised shee shall have no Dower Custome of some Mannor is that if one were no copy-holder of that Mannor before and purchase Lands at first the Fine is arbitrable and granted at the will of the Lord but he nor his heires after shall pay no Fine but shall be admitted free without paying Fine for all the Lands which he after purchaseth within the Mannor If a man let to three for life to have successively yet this is a Joynt Estate and successively is void but by custome of copy-hold successive holds place and one shall have it after the other 30 H. 8. tit Leases 54. And note that you doe not say as many use to say that there is such a custome when they see the Law to be contrary to their intent as diverse Stewards doe when for favour that they beare to one party will ayde him by customes when there is no such custome to helpe him And I have heard a Steward say By the custome of a Mannor a Wife is dowable and by the custome that shall be assigned by the Homagers without plaint in nature of Dower against the Tenant of the Land and without answer of the Tenant and without any processe made against him contrary
Guardian hold over the Heir at full age shall have a Mortdancester Fitzh fol 196. E. F. Mordancester doth not lye upon Lands devisable by Will and it is reason for it is true that the Ancester was seised the day that he dyed and that he dyed seised and the Tenant is Heir in apparence Fitzh fol 196. I. 4 Ed 2. Fitzh Mordancester 39. It is a good bar to plead devise of the same Ancester and so it seems where there is a devise now by the Statute of Wills Abridg Book of Assises fol 120. 32 H. 8. Chap. 2. One Coparcener shall not have a Mortdancester against another where their Ancester dyed seised and one enters in all and holds out his companion but nuper obiit and if the Ancester dye seised of an estate tail and one enter and deforce the other he shall have a Formedon and not a Mortdaneester Fitzh fol 196. L. Mortmain For that that by the 9th Article it is inquirable of Mortmain to the intent that none shall give in Mortmain but that the Lord may make his claim within the time limited in the Statute Let us therefore see what is an alienation in Mortmain and what not IF Villain of an Abbot or of a Corporation purchase and the Abbot or the Corporation enters this is in Mortmain and the Lord may enter within the yeer 41 Ed 3. fol 16. Fitzh 224. B. Contrary of Land which discends to a Villain 41 Ed 3.21 and 48 Ed. 3.27 If a Feoffment be made to the use of an Abbot or a Corporation this is Mortmain and within the Statute that the Lord may enter 8 H. 4. fol 16. Br 11. If an Abbot Mayor and Commonalty Dean and Chapter or other Corporation alien to another Corporation or Abbot without license this is Mortmain Fitzh 212. D. The same Law if one exchange with an Abbot or Corporation this is Mortmain and the Lord may enter Fitzh fol 223. E. Lord Dean and Chapter or other Corporation are Tenants and the Lord releases to Dean and Chapter or to the Corporation his Rent without license this is Mortmain But if he be licensed of the King and of the cheif Lord and Ad quod damnum be sued or in the license of the King this clause be that is to say without any Writ of ad quod damnum then the Mortmain is not to be inquired in no case where such license is used for that is dispensation that the King nor the Lord cannot enter for Mortmain But if the Lord with license in this case aforesaid be Tenant in tail or for life and dyes I think it is there inquirable Fitzh fol 222. D. and 223. I. But if the King grants to a Corporation liberty to purchase Lands and Tenements to the clear yearly value of 40 li. provided that it be not held in cheif as divers Grants are If such a Corporation purchase Lands and Tenements held of the King as of his Mannours of East Greenwich Depford otherwise West Greenwich Sayes Court Lewsham fee or held of the Queen as of her other Mannors there it is not inquirable of Mortmain but it is to be enquired in the Leet if they have purchased any Lands held in chief or over such a value in the Grant And also it is to be inquired in Court Baron for the Lord. If any Corporation have purchased any Lands or Tenements held of the Lords Mannor notwithwanding the Grant and license of the King aforesaid for this shall not be to dispence against the Lord for Mortmain Where anuity is granted to a Parson or a Vicar of a Church or to a Prior or an Abbot by any tenant It is no Mortmain to be inquired for in anuity if they recover collusion shall not be inquired for that doth but charge the Parson of the grantor and not the freehold 10 Ed. 4. fol. 6.34 H. 6. fol 37.3 Ed. 4.14 33. H. 6.27.20 H. 6.7 and 17. Ed. 3.5 But if any Tenant of the Lord grant by deed out of his Land any rent charge with clause of distresse to any corporation that is Mortmain and inquirable The same Law is If any tenant will that a Corporation shall have to them and their successors a rent charge issuing out of his Land and will not that his Parson be charged in any manner by Writ of an uity but hath in the end of his Deed provided alwaies that this present writing nor any thing in that specified shall in no wife extend to charge my person by Writ or Action of anuitie but onely to charge my Lands and Tenements of the yearly Rent aforesaid This is Mortmain and inquirable The same Law is if any Tenant of the Lord grant by Deed that if the Dean and Chapter Mayor and Commonalty and their successors be not yearly paid at the feast of Christmas 20 s. that then it shall be lawfull for them to distrain for the same in the manner of D. this is Mortmain and inquirable Littl fol. 30. proves this a good Grant See Fitzh 224 G. But where personall things are given to a Corporation as Horse Cow Ox Sheep hoggs or other goods there in this case Mortmain is not to be inquired for these so given are not within the statute 10. H. 7. fol. 3. If a Bishop or an Abbot appropriate to themselves an Advowson held of a Lord of which they are seised in Fee without License that is Mortmain and inquirable Eitzh fol 223. H. and 5 H 7. fol 37. saith that an Advowson lyeth in tenure 40 Ed 3. fol 44. accordingly If a Fishing held of the Lord be granted by the Tenant to a Bishop and his Successors or to a Dean and Chapter and their Successors this is Mortmain and inquirable 40 Ed. 3. fol 44. proves that it lyes in tenure The Statute of Religious fol 79. is That no Religious or other whatsoever shall presume to buy or sell any Lands or Tenements either under colour of gift or tearm or by reason of any Title whatsoever or by any means whatsoever art or wit presume to appropriate them to him under the penalty of forfeiting the same by which the Lands or Tenements may come into Mortmain by any means And the Statute gives liberty to the next Lord if he come within the yeer to enter and if he be negligent and do not enter then the next Lord within half a yeer and if not then the King after the yeer and half may enter And it is inquirable in the Court Baron for the benefit of the Lord that he may enter within the yeer and if the Lord be negligent and do not take his time limited by the Stature then the King may enter and that is inquirable in Leet for the King 25 H. 8. tit 37. Lord and Tenant the Tenant lets for life to I. S. the remainder to an Abbot and his Successors the Lord need not make claim till the Tenant for life be dead for if he will waive the Remainder it is
came with him to the Assise staid with him pray'd the Sheriff to make an indifferent pannell which is the same maintenance and it is a good Plea 11 H. 6. f. 39. Generall Attorney which sues and is not skilled in the Law may well meddle but he cannot proffer Money to a Jury but may pray them to appeare 34 H. 6. fol. 27. By Choke Maintenance he cannot justifie for that that he was an Attorney retained with him and that by commandement of his Master he retained Councell and gave to them forty pence of his Masters Money and good Inquire if an Attorney cannot retaine Councell without the commandement of his Clyent and if he may not disburse of his proper Moneys for the time But Attorney cannot give of his proper Money nor of his Masters money to Jurors 36 H. 6. fol. 29.11 H. 6. fol. 13. the same Maintenance the Defendant saith that he was an Attorney in the action Judgment if action and good But he cannot give any thing to the Jury but as an Attorney and give Evidence to the Jury for his Clyent he may 13 H. 4. f. 19. If a man maintaine a quarrell by his Attorney action of maintenance lies against the Master 22 H. 6. f. 24. And by Newton If a man of great power in the Countrey will say in the presence of the people that he will spend twenty pound for one party or will give twenty pound to labour for the party though he give nothing is maintenance see before 9 H. 7. fol. 18. Maintenance against a Servant of one by Fortescue if he meance Jurors to out them of their Tenures if they do not paâ—e with his Master this is special Maintenance in the Servant 19 H. 6. f. 30. A man skilled in Law may do his endeavour for his Client and it is no maintenance if the Plaintiff cannot alleadge other special matter forbidden by the Law 8 H. 4. f. 6. B. Embraceor is he which comes to the Barr with the party and speaks in the matter or is there to overlook the Jury or to put them in feare but men skilled in Law may speak in the Cause for their Money but they cannot labour the Jury and if they take money to do that they are Embraceors Fitzh f. 71. A. Tenures and Services It is expedient to know the Services and Tenures which your Tenants shall do and first of the Tenure in cheif and other Tenures of the King and then of other Lords FIrst Tenure in cheif is called where one holds of the King meerly as of his Crown which is a Signiory ingrosse for that it is held of him which is alwayes King and not of the King as of his Mannour of D. c. Fuzh. 3. D. If any Land be held of the King as of the Honour Castle or Mannour such Lands are not held of the King in cheif and this is proved by the Writ of Right which shall be directed in such a Case to the Bailiffs of the Honour Castle or Mannour Also the Statute of Magna Charta chap. 31. is if any hold of any Escheat as of his Honour of Wallingford Nottingham Bullo gne Lancaâ—â—er and of other Escheats which are in Our hand and are of Baronies and dies his Heir shall not give other releif nor make to us other Service then the Barons should make if that Barony were in the hands of the Baron and we in the same manner will hold it as the Baron held it 1 Ed. 6. chap. 4. also is that where a King hath or after shall have any Dukedomes Baronies Castles Mannours Land Tenements Fees or Signiories by Attainder Conviction Outlary or by Dissolution of Monasteries which Lands held of them by Knights Service Socage or otherwise shall not be construed to hold in chief nor as Tenure in cheif See in Br. Tit. Tenures 100. Littleton fol. 31. Tenure of the King in Burgage is where an ancient Town is of which the King is Lord and those which have Tenements within the Borough hold of the King their Tenements that every Tenant by his Tenure ought to pay to the King a certain Rent by the year and such Tenure is but Tenure in Socage Fitzh 6. D. Lands and Tenements within Cities and Townes are held of the King in Burgage Tenure and it behoveth that a Writ of Right Patent of them shall be directed to Mayors Sheriffs and Bailiffs as Bailiffs and Officers of the King as if Lands were held of the King as of any Honour Castle or Mannour by which it appears Tenure in Burgage is Socage Tenure and not Socage in cheif Fitzh fol. 1. J. the same Stamford 13. If one hold of the King in Burgage the King shall not have first Seisin but otherwise it is where he holds of the King by Knights Service in cheif or by Socage in cheif for the Statute of the Kings Prerogative chap. 3. is the King shall have the first Seisin after the Death of them which of him held in cheif of all Lands and Tenements of which they were seised in their Demesn as of Fee whatsoever age their Heirs were of and that is taken as well of Socage in cheif as otherwise in cheif 7 H. 6. fol. 3. The King shall have first Seisin where his Tenant dies seised in his Demesne as of Reversion 47 Ed. 3. fol. 21. If the King purchase Lands which is held of others by this all the Services are extinguished and if he infcoff others to hold of him he shall hold of his Crown in cheif by Finchden and also when an Honour is seised into the Kings hands and a Mannour is held of that Honour which escheats unto him as of common Escheat if he alien to hold of him he shall hold as he held before of the Honour and by the same Services but if he come in as by Forfeiture by Warr or Escheat which is because of his own person and he seise and infeoff others they shall hold in cheif if the King do not expresse other Tenure 33 H. 6 fol 7. By Prisot if the King seise Land by Forfeiture of Treason and grant that over to hold of the cheif Lord by the Service due c. that in this case he shall hold of the cheif Lord as it hath been adjudged 44 Ed. 3. f. 45. The King gives Lands to one to hold to him and his Heirs by the Services due c. and by all the Justices that is Tenure by Knights Service 11 H. 4. fol. 71. It was recorded in the Exchequer that such a one holdeth so much Land of our Lord the King by Serjeanty to finde one Man for the Warr wheresoever within the four Seas and by Hank it is great Serieanty to be made by the Body of a Man 13 H. 7. fol. 16. If one hold of the Dutchy of Cornwall it is in cheif for it was ancient Lands of the Crown Fitzh 165. A. To hold Land to pay certain Rent to the Keeper of the Castle of
Steward that W. N. lying very sick 10 day of A. the year of the Reign of the aforesaid Lady the Queen 19. surrendred into the hands of the Lord by the hands of the said steward the Court being absent in the presence of R. C. R. P. and C. H. one tenement called Miles in which lately dwelt W. G. with all his lands and tenements within the prebend of J to the use and behoof of M. his wife for tearm of her life and aster the desease of the said M. the remainder to W. T. son of the foresaid W. the father and E daughter of the said W the father and sister of the aforesaid W. their sons and heirs upon this condition notwithstanding following that if it happen any of the aforesaid W. the son and E the daughter to dye without heirs of their body issuing that then he or she which did survive shall have enjoy the tenement aforesaid to them and their heirs for ever And upon this came into this Court the aforesaid M. did desire to be admitted into the Tenement aforesaid with the appurtenances to whom the Lord by J. K. his steward granted thereof seism by the rod to have to him in form aforesaid at the will of the Lord according to the custome of the Mannor and gave to the Lord for his fine for his entrance there had as it appears c. and made his fealty and is admitted thereof Tenant Item The death of a Coheir at this Court it was found by the Homagers that one W. W. one of the sons and Coheirs of R. W. dead which surely W.W. held of the Lord to him his heirs according to the custom of this Mannor the half of two messuages or tenements and one garden with the appurtenances in J and long before this Court dyed thereof seised within the age of 10 years and in the keeping of one R. M. according to the custome of the Mannor and that S. W is brother and sole heir of the aforesaid W. W. and of full age who being here present in the Court desired to be admitted Tenant to all the lands and tenements customary of which the said W W dyed thereof seised that is to the half of two messuages or tenements a Toft and garden with the appurtenances within the Mannor to which the Lord by his steward J. K. granted to him seisin thereof to have and to hold to him and his heirs of the Lord by the rod at the will of the Lord according to the custome of the Mannor aforesaid by the rent custome and services there first due and accustomed and gives to the Lord for his fine for his entrance as it appearsin the head and made to his Lord fealty and is admitted tenant thereof Also to this Court came J T Surrender in Court and surrendred into the hands of the Lord 10 acres of land either more or lesse with the appurtenances called S. 4 acres of pasture either more or lesse called B. and 4 acres of meddow be it more or lesse called K. customary to the use and behoof of R. B. Gentleman his heirs and assigns for ever by the rod at the will of the Lord according to the custome of the Mannor aforesaid to which R.B. the Lord by his Steward granted to him thereof seisin to have to him and his heirs of the Lord by the rent of 10 s. yearly and other services then first due and he gives the Lord for a Fine for having this entry therein 4 l. and made to the Lord fealty and is hereof admitted Tenant Also the Homagers say upon their Oath that on R S Death which held of the Lord as a Parcener by the custome of the Mannor nine Acres of customary Land with a grange together with T S his brother to him and to his Heirs dyed since the last Court so seised and that one J S his son and next heir of the said R. to the half aforesaid of the Land and Grange aforesaid and is of the Age of 8 years And upon this as wel the custody of the aforesaid F as the Land and grange aforesaid were committed to one S I as his next freind c. And found surety to the Court E N to restore to the aforesaid J. of the profits thereof when he should come to the age of 14 years Also they say upon their Oath that R W Encreâ— ment encroached upon the wast of the Lord at C in length 20 rods and in bredth one rod therefore he in mercy c. And it is ordained that he shall lay out the same before the feast of St. John Baptist next under the pain of forfeiting to the Lord for every Rod c. Also they say upon their Oath that G B Reâ—â—ous Bayliffe of the Lord such a day and year c. within the Lordship distrained H S for the Lords rent then by that foresaid H behind and not paid and that the aforesaid H then and there made Rescous upon the said G B therfore he in the mercy c. Pleas in Court Baron R. H. complaineth against C E and A his wife Formedon in Remainder of a Plea of Land that is to say of one house two Cottages 20 Acres of Meddow and 20 Acres of Pastor with the appurtenances in J within the Jurisdiction of this Court and made protestation to prosecute the Suit in forme and nature 〈◊〉 a Writ of the Queens of the forme of a gift in remainder at the common-Law and found sureties to prosecute that Suit in forme and nature aforesaid that is J.H. and R M and desires forthwith processe to be made for him according to the custome of the Mannor aforesaid against the aforesaid C and A his wife c. Therefore according to the custome of this Mannor used time out of minde It is commanded to the under Baâ—liffe of thiâ— Mannor aforesaid and the Officer of the foresaid Court that he should summon by good summoners the aforesaid C A that they should be before the suitors of the Court aforesaid the next Court of the Mannor aforesaid the Tuesday such a day held at the Mannor aforesaid to answer to the aforesaid R H of the aforesaid Plea c. The same day is given to the aforesaid R here c. To which truly next Court came aswell the aforesaid R H as the aforesaid C and A by J R their Attorney And the aforesaid Officer of the Court aforesaid returned here in the Court that that he by vertue of the command aforesaid to him directed had sunimoned the aforesaid C and A by good summoners that is by J D and R R to be here at this Court to answer the aforesaid R H of the aforesaid Plea of the aforesaid one house â— Cottages 20 Acres of Land 20 Acre of Meddow and 20 Acres of Pasture with the appurtenances as it was commanded him c. And upon this the said R H demandeth against
which abjured and for which he is hanged and for that it is said if one rise against the King and is slain that he shall not forfeit his Lands untill he be afterwards attaint by Parliament as in use 7 H. 4. fol. 33. the same 7 H. 4. fol. 48. See Stamford fol. 49. The King shall have yeare day and Waste and Chattells forfeited Fitzh 144. It seemeth that the King shall have yeare day and waste where one is convict of Felony and that is the next yeares profits for if one taketh the profits that yeare and day the Lord shall have a Writt to the Sheriff to deliver him possession and he which hath taken the profits shall answer to the King for that Fitzh 144. N. The King shall have the escheat of Tenements in Cities and Borroughs which are held of him in fee farme Fitzh 6. b. The King as it appeares by the Register shall have a Writ of escheate returned into the Kings Bench for the King may sue in what Court he will 31. Ed. 1. tit discent 17. f. If the Son and Heire of A. be Outlawed in the time of his Father of Felony and after he purchase his Charter of pardon in the life time of his Father and after the Father dies he shall not have the Lands descended from his Father but the Lord of whom they are held by escheate 9 H. 5. fol. 9. the same 1. Ed. 1. tit discent 15. the blood is corrupt which cannot take by discent 26. Of the booke of Assises 2. If the Son be attainted of Felony in the Life time of his Father and hanged his Sister shall have the Land by descent from the Father and it shall not escheate 46. Ed. 3. tit discent 6. If the Father have a Son and a Daughter and the Son be attaint of Felony in the life time of his Father and dieth there the Daughter shall have the Land and if he survive the father then the Lord by escheate 8 Ed. 1. tit Assise 421.49 book of Ass 4. 3. booke Assise Where the Tenant grants a rent-charge out of his Land and after that escheates the Lord shall hold this charged but otherwise it is where a Tenant which holds of the King chargeth and dieth without Heire 4 Ed. 4. fol. 2. If that be found by Office yet it cannot be Natura brevium 103. In a Writ of Escheat it is no Plea that he died not seised but it is a good Plea that he did not dy his Tenant Fithz 144. C If the Tenant be disseised and after dieth without Heire it seemeth the Lord shall have a Writ of Esch eate for that that his Tenant died in his Homage 2 H. 4. fol. ninth the same Fitzh 144. If a man be beheaded for Felony or dy after Judgment before he be put in execution by the Officer yet the Writ shall say for which he was hanged Na Bre fol. 104. the same 11 H. 4. fol. 16. One may have escheate and ward before he be seised of the services Littleton 106. if a Signiory be granted by fine See 2 and 3 Ed. 6. chap. 8. Where one hath a Rent c. The King is intitled to the Land by attainder and that is not found in the Office yet he himself shall have his Rent by the Statute And it is to see now where a forfeiture shall be of Goods onely and not of Lands and where not ONe indicted that he killeth one in defending himself by Fairefax he shall be arraigned and shall loose his Goods 21 Ed. 3. fol. 18. and shall not forfeit his Lands 4. H. 7. fol. 2. fol. 18. Where one killeth one in defending himselfe or by mischance he shall forfeit his Goods and not his Lands Stamford fol. 45. If one kill another by misfortune he shall forfeit his Coods and it behoveth that he have his pardon of grace Stamford fol. 185. the same 26 H. 6. fol. 6. the same and he shall not forfeit his Lands 2. H. 4. fol. 20. One arraigned pleads not guilty and it was found that the dead struck the other to the ground and for haste fell upon the blade of him that lay upon the ground he lying upon the ground shall not forfeit his Goods but if it were found that he kils him in defending himself it is otherwise 44 Ed. 3. fol. 44. 49. Ed. 3. fol. 5. Where a man is indebted to a man attainted by specialty the King shall have it contrarily if it be without specialty for the Debtor may wage his Law against him which is attainted contrary against the King but in the Exchequer it was held that debt to be forfeit to the King 16. Ed. 4. fol. 4. A man cannot wage his Law against the King 50. Ed. 3. fol. 1. Stamford 183. See forfeiture upon he made his flight and fol. 184. upon an Exigent awarded and fol. 185. upon a Clerk convict and fol. 187. of Lands and of a thing in action and so further of Forfeiture Clerke convict shall forfeit all his Goods but not his Lands but the Clerke attaint shall forfeit his Lands 40 Ed. 3. fol. 42. Fitzh fol. 66. yeare 20 Ed. 4. fol. 5. Clerke convict shall forfeit his Goods notwithstanding that after he makes his purgation which now is not made by the Statute of 18. Eliz. chap. 7. And then he shall forfeit the Issues of his Lands till he hath made his purgation 8. Ed. 2. Forfeiture 34. and Stamford fol. 185. A Clerk convict is not out of the Law as an Alien is for his Heire shall inherit his Lands after his death 3. H. 7. fol. 12 and 21. H. 7. fol. 31. A Woman out of her wits killeth her Husband she shall forfeit nothing Stamford fol. 45. Where a man distracted kill one he shall forfeit nothing 3. Ed. 3. forfeiture 25. Executors Outlawed shall not forfeit the Goods which they have as Executors nor by attainder of Felony 32 H. 6. fol. 34. By award of Exigent in Felony though he be acquitted afterwards his Goods are forfeited 44 Ed. 3 fol. 17 and Stamford fol. 184. D 22 booke of Assises 81. By award of Exigent Goods and Profits of his Lands are forfeited if the Exigent be not erroniously awarded Stamford fol. 47. If one be indicted upon the view of the body before the Coroner of death all his goods are forfeited though that he be acquit afterwards Stamford fol. 45. See 5. H. 4. 13. H. 4. fol. 15. If a man be convict of Heresie and be delivered to the Lay power his Goods are forfeited though that he be not put in execution but his Lands he shall not forfeit unlesse he be put to death Doctor and Student fol. 14. One killeth himself he shall forfeit his Goods and not his Lands 3 Ed. 3. Tit. Coron 201. 8. Ed. 2. Tit. Corone 420. The Goods of them which hang themselves are confiscate 8. Ed. 4. fol. 4. One put to his penance shall not forfeit his Lands but Goods 14. Ed. 4. fol. 7. For
persons which were common breakers of hedges and other bribers which live in others houses idly or live suspect The Oath of the Reeve or Bayliffe YOu shall sweare That you shall well and truly serve our Lady the Queen and the Lord of this Mannour in the Office of Reeve or Bayliffe of the Mannour for this year to come and you shall well and duly collect all such Rents Revenues and other annuall Profits as shall be chargeable and issuing out of the same Mannour to you And of that you shall make and give a lawfull account at the end of the same year and in every other thing belonging to your Office well and truly to discharge in your Office during this year to come So help you God c. The Oath of the Greve or Hayward or Beadell YOu shall swear That you shall well and truly serve the Queen our Soveraign Lady and the Lord of the Mannour in the Office of Greve Beadell or Hayward of this Mannour for this year to come and you shall duly and truly execute all such Attachments and other Processes as shall be directed to you from the Lord or Steward of this Court and you shall present all Pound-breaches which shall be made within your Office and also all Cattells Strayes and Waifs and in every other thing well and truly hold you in the same Office So help you God c. Oath of a Desiner YOu shall swear That you I.S. from this day forward shall be faithfull and loyall to our Soveraign Lady the Queen c. and to her Heirs and shall keep unto her faith and loyalty of life and of member and of earthly honour and that you shall not conceal any ill or damage intended towards them nor hear any ill of them which you shall not defend them in to your uttermost power So help you God Britton fol. 74. gives that Oath of Affirors YOu shall swear That you will well and truly tax assess and affier all the Amerciaments presented in this Court and in doing of that you shall not spare any for love feare nor affection nor raise nor inhaunce any more greivous then shall be reasonable according to their deserts made and not more nor less nor for envy nor for love assess or affier but upon every one severally according to the quantity of their offences made and not otherwise So help you God c. Oath of the Fealty YOu shall swear That you shall be faithfull and loyall and loyally and faithfully shall carry your selfe to the Lord of this Mannour for the Lands and Tenements which you claim to hold of him and you shall well and duly pay to the Lord of this Mannour and his Heirs from time to time all such Rents Duties Customes and Services that you ought to pay and make for the same Lands at the times appointed So help you God c. Oaths of the Aletaster YOu shall swear That you shall well and truly serve our Soveraign the Queen and the Lord of this Court in the Office of Aletaster or assise within this Lordship for this year to come and you shall well and duly see from time to time that the sale of bread brought to be sold be duly weighed and that it contain such weight according to the prizes of grain as by the Statute is provided that is to say according to the prizes of Corn in the next Markets Also you shall have diligent regard during the time of your Office to all the Brewers and Tiplers within your Office that they and every of them make good and wholesome Ale and Beer for mans body and that they do not sell any before it hath been tasted by you and then to be sold according to the prizes limited and rated by the Justices of Peace and all defaults committed and done by the Bakers Brewers and Tiplers or by any of them you shall present at the Court here by which punishment may be ministred unto them for their offences and in every other thing you shall well and truly behave your selves in your Office for this year So help you God c. The Oath of the Constable YOu shall swear That you will well and truly serve the Queen and the Lord of this Lawday and you shall indeavour that the Peace of our Soveraign the Queen well and truly according to your power be kepr and you shall arrest all which you see making Riots Debates or Frayes or breaking the Peace and you shall well and truly indeavour your selves according to your knowledge that the Statute of Winton for Watch Hue and Cry and the Statutes made for the punishment of sturdy Beggers Vagabonds Rogues and other idle persons coming within your Office that the Offenders be punished and you shall indeavour your selves upon complaint to you to apprehend Barretors and riotous persons making Frayes and also apprehend Felons and if any of them make resistance with force and multitude of Offenders you shall make out-cry and pursue them till they are taken and you shall look to such persons as use unlawfull Games and you shall have regard to the maintenance of Artillery and you shall well and duly execute all Processe and Warrants sent unto you from the Justices of the Peace of the County and you shall make good and faithfull presentment of all bloodsheds out-cries affrayes and rescues made within your Office and you shall well and duly according to your power and knowledge do that which belongs to your Office of a Constable to do for this year to come So help you God Constables And for that that the Constable is here chosen and sworn that is inquirable here if he do his Office and for that let us see what authority a Constable hath and what he ought to do AT the Common Law before the making of the Statutes by which Justices of the Peace were ordained to keep the Peace The cheif Justice of England was appointed by the King and he hath authority and he was ordained to determine matters touching the Crown and for conservation of the Peace throughout the Realme and he for that is the cheife Justice of the Peace Also by the Common Law before there was any Justice of Peace Constables of every Town were keepers of the Peace within their Townes If any be threatned upon complaint to the Constable he may inforce the party to put in a Suerty and if he do not commit him to prison till he hath found a Suerty 4 Ed. 3. Barr. 102. If any be strucken and in perill of death the Constable ought to arrest the Offendor and to keep him in Prison till it be known if he will live or dy or till he have found Suerties to appeare before the Justices at the Goale-delivery If Felons or Murderers be in a Town and the Constable hath notice of that it is his Office and duty to raise People to take them 1 R. 3. chap. 3. And if any Felon be taken it is the Office of the
Also they present Felony in burning a house That one Tho. de I. predict Yeoman such a day c. at I. within the Jurisdiction of this Court by force and armes c. willingly and feloniously of pretended malice by him did burn the house of one J.S. against the Peace of the Queen therefore the Bayliffe is commanded to seise all his Lands and Tenements Goods and Chattels that he may answer for them to the Lord of this Mannour Also they present That W.P. of I. aforesaid Labourer such a day Felon c. at I. within the Jurisdiction of this Court by force of armes c. and against the Peace the Close of one c. at I. aforesaid broke and entered into and one silk coat called Sattin of a black colour of the Goods and Chattells aforesaid c. then and there found feloniously took and carried away Therefore it is commanded the bayliffe c. Also they present Accessary That W.S. of I. aforesaid Yeoman within the Jurisdiction of this Court did counsell provoked procured incouraged and abetted one L.M. c. one Cow of black colour price c. of the Chattell of one c. then and there found feloniously to steal take and drive away and the said L. by vertue of the counsell provocacation procurement incouragement and abetment the aforesaid c. the said black Cow such a day c. year c. feloniously stole took and drove away c. They also present That A. B. of I. aforesaid Yeoman such a day Rape c. at I. within the Jurisdiction of this Court the Close and House of one c. broke and entered and upon one Katherine c. the daughter c. being in the peace of God and of the Queen made an assault and there against her will did ravish her and did carnally know her against the peace c. Also they present Felon breaketh a house That P.D. of I. aforesaid Yeoman such a day c. at I. within the Jurisdiction of this Court about the houre of nine in the night of the same day the house and mansion of one c. as Felon of the Queens broke and entred with an intent to make spoile there c. and six gold Angells of the Goods and Chattells of the aforesaid c. then and there in a certain chest being feloniously took and carried away against the peace c. The same present E.F. of I. aforesaid Labourer Robbery such a day c. at I. within the Jurisdiction of this Court by force of armes and against the peace c. upon one T.D. at c. within the Jurisdiction of this Court in the Queens high way there being in the peace of God and the Queen did make an assault and the same T. D. then and there robbed and sixteen groats of silver and one Angell of gold of the Goods and Chattells of the aforesaid T.D. in a certain Clokebag of his then and there being from the person of the said T. feloniously took and carried away against her Peace Crown and Dignity c. They present That the aforesaid T.D. appearing robbed Hue and Cry made a great noise and exclamation and the aforesaid E.F. as a Felon of the said Queens the said day and yeare from the place where he was so robbed did freshly follow to the aforesaid Towne of D. c. and that no Inhabitants there upon the Hue and Cry aforesaid did follow and so the aforesaid Felon escaped to the contempt of our said Lady the Queen and against the form of the Statute so enacted and provided therefore the said Towne of c. in the mercy c. Also they present That E. L. of I. aforesaid Yeoman Made flight such a day and yeare aforesaid at I. within the Jurisdiction of this Court a certain Gelding of colour white price c. of the Goods and Chattells of one c. in the common field there being feloniously stole away tooke and carried away and that the said E.L. for the foresaid Felony did convey himselfe away and fled therefore command was given to the Bailiff to seise two kine of the Goods and Chattells of the said E.L. as Escheats and forfeitures to the Lord and that he should keep them safe to the use of the Lord c. or so to the use of the Queen Also present That when one B.R. of I. aforesaid Escapeâ— Yeoman was taken and arrested for suspition of Felony and set in the Stocks one I.F. of I aforesaid Labourer such a day and yeare c. at I. aforesaid the foresaid Stocks with force of armes and feloniously did break and the foresaid B.R. then and there did suffer to go at large against the Peace therefore it is commanded as before c. Also they present that T. J. of J. aforesaid Felony Yeoman such a day c. at J. within the Jurisdiction of this Court a Calf of the price c. Of the Goods and Chattells of one J. B. There and then found feloniously took and carryed away and that W. Q. The Bailiff of the aforesaid Mannor such a day and year c. at J. aforesaid the aforesaid T. L. for suspition of the aforesaid Felony arrested and that W. F. of J. aforesaid Laborer by force of Armes c. at J. aforesaid the said day and yeare upon the aforesaid W. Q. In the Peace of God and of the Queen being did make an Assault and the aforesaid T. J. being in the custody of the said W. Then and there feloniously took carryed away and rescued and suffered to go free against the Peace c. Therefore it was commanded as above c. Also present that A. B. of J. aforesaid Yeoman Felony of Pigeons such a day and year c. aforesaid c. at J. within the Jurisdiction of this Court about the houre of one in the night of the same day a certain Pigeon-House of such a ones c. did break and enter and forty Pigeons price c. of the Goods and Chattells of the foresaid c. from the house of the same c. feloniously took and carryed away against the Peace c. and therefore c. Also present that J.W. of J. aforesaid Gent such a day c. at J. within the Jurisdiction of this Court a certaine tame Deere carrying a bell about his neck price c. Of the Goods and Chattells of one c. Then and there found feloniously took away against the peace c. Therefore it is commanded c. Also they present that one J. L. of J. aforesaid Yeoman Felony of a Trunk broken such a day and year c. at J. aforesaid within the Jurisdiction of this Court about the houre of one in the night of the same day a certain Trunck of one c. Broke and entred and ten Fishes called Pikes price c. Of the Goods and Chattells of the aforesaid c.
present that Tho. J. and Wil. J. Scavengers default are Scavengers of the streets and ought to be here at the view of the frank pledge and made default therefore either of them in the mercy six pence Also present upon their Oath that the twentieth day of May Estrayes in the yeare of the Reigne of our Lady Queen Elizabeth now the twenty first came into this Lordship one Horse colour gray as a stray and remained in custody ten daies after Proclamation Also present that there is a Colt colour bay of the age of foure yeares or more which came into this Lordship as a stray the ninth day of September the year of the Reign of our soveraigne Lady the Queen the twentieth price twenty foure shillings and stayed in the custody of the Bailiff by the space of a yeare and a day after three Proclamations at three severall daies made according to the form of the Statute therefore the property of that Colt is in the Lord. Also present that W. M. twelve pence and R. B. twelve pence are common Bakers of mans Bread Bakers and at diverse times have baked unwholsome Bread c. Have broke the Assise therefore each of them is in the mercy as it appeares upon their heads Also present that Richard W. and J. D. are common Brewers of Drink Brewers and brewed diverse times unwholsome Drink and broke the Assise therefore each of them in the mercy as it appreares upon their Heads Also present that E. W. and W. X. by their Wives are common sellers of Drink Alehouse keepers and by unlawfull Measures sell their Drink and break the Assise therefore each of them in the mercy as it appeareth upon their Heads First It is ordained that R. B. shall make and scowre his Ditch at the foot of the great hill Paine set containing by estimation twenty perches before the feast of Saint John Baptist next comming upon the paine of every perch thereof eight pence Also it is ordained that T. M. shall reforme and lay Punishment out a certain parcel of Land lately by him incroached between Wash lane and Perham Rye common before the Feast of All Saints next coming under the paine of every Perch not reformed and laid out twenty pence Also it is ordained that none shall suffer his Beasts that is to say Pain Oxen or Kine to go and passe upon the common of this Lordship nor in the Lanes to the said Mannor belonging upon pain of forfeiting to the Lord for every one of them for every time two pence Also it is ordained that W. J. shall remove his Dunghill lying by the Queens high way against his House Pain before the feast of Easter next upon the paine of forfeiture ten shillings Also it is ordained that J. F. Pain shall make and maintaine a Bridge in his Close called great Colemans in the way leading from Islington to Hogsden upon the pain of forfeiting to the Lord ten shillings Also it is ordained that every one yoke o◠ring his Hogs before the Feast of S. Michael the Archangell next and the same keep so yoked and ringed till the Feast of S. John the Baptist then next following upon the paine of forfeiting to the Lord for every Hogge for every week three shillings six pence The end of the Court Leet The manner of keeping a Court Baron The Court of R.F.C. there held the Tuesday that is to say Prebend the 14. day of May the yeare of the Reigne of Queen of Isling Elizabeth by the Grace of God of England France ton and Ireland Defender of the Faith c. 26. held by I.K. the Steward IS I.D. R.R.R. Essoyned of Common Essoyne or Essoyned for the Suit of Court by R.R. John Doo  Robert Dodge Richard Roo  Thomas Lodge The Homage John Den Sworn Adam Clarke Richard Fenn  David Parke Walter Helen  Henry Roo Robert Allen.  William Croo. First after the stile of the Court is entered you shall make once O Yes and then call the Suitors and after that another O Yes shall be made and then the Steward shall say If any will be Essoyned or enter any Plaint come you in and you shall be heard And after your Essoyne entred and your Plaint determined then impannell your Jury and swear them And after the Enquest is impannelled and sworn make another O Yes and then you shall say You good men which be impannelled come neare and you and all other keep silence during your Charge An exhortation to the Jury YOu good men which are sworne before that I enter to give to you the Charge I intend to shew to you by what Authority you are assembled and for what purpose First you ought to consider that there are three causes of your meeting 1. One cause is for that you be resident and dwelling within the Precinct of the Leet here to be held and for that you ought to appeare 2. The second cause is for that some of you hold Land of the Lord of this Mannour some as Free-holders some as Copy-holders and by reason of some of your Tenures you ought to make Suit to the Court Baron of your Lord from three weeks to three weeks if this Court be so warned 3. The third is you may here learn the Lawes to know what thing to follow and what to avoid by which that which is good may be the better followed and ill things the better be avoided being presented by you and punished and for that that every one may live and injoy that which he hath with quietnesse and the Common-wealth may flourish and vertue abound and then for that you may better inquire and present I have ministred to you a corporall Oath which I counsell you to consider and the parts of that which are three that is to say Truth Judgement and Justice Truth that you shall present nothing but truly and that you shall not omit any thing of the truth not presented With Judgement that you shall present all things with good advisement and that you shall not be negligent to inquire out the truth in all matters to be presented With Justice that you shall not for favour nor for corruption of reward nor for feare nor for displeasure nor for private hurt or profit which may come to your selves nor for malice that you present any thing And these three principall things you ought well to regard in your Oath And at the last note that you run not into wilfull perjury which if you do you condemne your souls and provoke the anger of God and get punishment to your selves and your posterities in this world and you get to you the torments of the Devill and hell after this life for ever But if you keep well your Oath you obtaine by that great profit and commodity for by that wrong shall be redressed peace and tranquility shall be maintained and right and publike good
preserved and you shall live in quiet and hold your Goods Lands and Lives in peace and quietnesse and you shall be accounted after this life among the Saints of God and shall have life eternall and over that observe you that I may by the Law charge another Jury immediately to inquire of your concealments and perjuries and that you shall finde by putting great Fines and Amerciaments upon you and imprisoning your bodies And to conclude first now if you remember your duties to God as I have said that will move you to keep your Oathes and the love that you owe to the Common-wealth with consideration of your selves wives sonnes and posterity and the fear of God and regard of honesty and all these well considered then you will present justly and truly the things which I shall give to you in Charge and I make an end and the Articles of your Charge follow Then followeth the Charge in Court Baron The Charge in Court Baron FIrst you ought to inquire of all persons which owe Suit to this Court and who make default and present their names and you ought to note that all such persons which hold any Land of the Lord by Suit of Court in what place they dwell and of what age he is that should make Suit to the Court or otherwise he ought to be amerced and Amerciament is by custome for by the Common-Law they shall be distrained and that is called Suit-service and that is by reason of the Tenure and if any such person which oweth Suit to the Lord be in Ward to the King neverthelesse he may be amerced for not making Suit to the Court of the Lord but the Lord cannot destraine for this Amerciament during his Wardship yet after Livery the Lord may destraine for the whole Amerciament And if there be two Coparceners Coparceners Joynt-Tenants for which one Suit ought to be made the eldest sister ought to make the Suit onely and the other shall be contributary Fitzh 159. B. And so it is of Joyn-Tenants the Suit may be made by agreement by one and the other shall be contributary by Marleb chap. 9. but if one holds twenty acres by Suit of Court and alien that to twenty severall persons by the Statute of Quia emptores terrarum every one shall make Suit severally 2. Rastal Suit 1. Also if any Tenant be dead after the last Court or before and his death not presented you ought to inquire what Lands he holds of this Mannour and if they were held by Knights service Ward Releif Soccage or by Copy and what advantage the Lord shall have by his death Scilicet Wardship Marriage Releif Escheate or other Profits and who is his next Heire and of what age and in whose custody he is 3. Also if any Tenant which holds by Knights Service alien his Land by collusion to defeat the Lord of his Ward and other Profits it is inquirable 4. Also if any Tenant which holds by Knights service be disseised and dieth disseised his Heire within age the Lord shall have him in Ward and if any Tenant which holdeth by Knight-Service die his Heire male within age of 21. years the Lord shall have the Land in Ward till the age of 21 years and also his Marriage unlesse he be married Littleton fol. 19. 5. If the Father which holds in Knights Service marry his daughter within age to a husband of full age and dies the Lord shall not have the Wardship of the Land and if she were of full age the Lord shall not have the Wardship of the Land but if she were within age and marry to a husband within age the Lord shall have the Land in Ward till the age of 14. years Natura brevium fol. 98. But if such Tenant die his heire female being of the age of 14. years or more and not married she shall not be in Ward nor her Land but if she were within age of 14. years and not married she shall be in Ward of Body and Land till the age of 16. years and if she were married in the life of her father within the age of 14. years her land shall be in Ward till the age of 14. years and no more Littleton fol. 19. 6. And you ought to note that there is Knights Service of a common person that is where one holds of his Lord by Homage Fealty and Escuage that is to say when it is assessed to more more and when to lesse lesse Littleton fol. 19. and where one holdeth by keeping a Castle or by blowing a Horn that is Knights service 7. And Soccage Tenure is where one holds by Homage and Fealty or by Fealty and Rent or by Homage Fealty Rent and by Suit of Court for all manner of Services or in Burgage and if such Tenant die his issue within age of 14. years then the next freind of the heire to whom the inheritance cannot descend shall have the Ward of the Land and of the Heir till 14. years and then give an account to the Heir of the profits taken but this Gardian shall have his reasonable allowance for his costs and expences Littleton fol. 22. See Natura Brevium fol. 97. 8. Releife by Soccage is as much as the cheif Rent is by the yeare which he payes to his Lord and this is due forthwith after the death of his Tenant in Soccage so that the Heire be past his age of 14. yeares Littleton fol. 24. 9. And if Land be held by Knight Service and his Tenant dies his Heire of full age the Releif is due to the Lord and if he hold by an intire Fee of a Knight the Releife is one hundred shillings and if he hold by the halfe of a Fee fifty shillings and so according to the rate Littleton fol. 21. and all these profits are inquirable 10. Also if any Rent Custome Rent not paid or Service be withdrawne which ought of right to be made by whom it is with-drawne and what Custome and Service it is and in what Bailiffs time it was with-drawne and where the land is that the Lord may distrain for the Arrearages and what Rent that is and how many years it hath been with-drawn 11. Lands concealed Also if any Land of the Lord be withdrawne or used by any without license of the Lord by whom it is and how much Land hath been so used and of what value by the yeare that is is inquirable 12. Also if any Villaine of the Lord be and what Goods Villaine Chattels and Lands he hath what estate he hath in them that the Lord may seise them and what other things he hath And if any Villaine withdraw his Goods out of the Lordship without license of the Lord or if a free man marry a Villain woman without the license of the Lord it is inquirable Note If a Villaine purchase Lands and doe not alien them before the Lord enter into them the Lord shall have them
Otherwise it is if the Villaine alien them before the entry of the Lord the same Law is of Goods Litt. fol. 33. â—but the Lord cannot seise the Goods which a Villain hath as Executor Litt. fol. 35. If a Villain be made a Chaplaine Secular the Lord may seise him as his Villaine and his Goods but otherwise it is if he enters in Religion Or if a Free man espouse a Villaine Woman without the license of the Lord or by that this is inquirable If a Villain dwell in ancient Demesne of the King which is in the Kings hands and hath dwelt there by a yeare and a day the Lord cannot seise him nor shall have a Writ of Nativo habendo so long as he dwelleth there But if the Lord claime him within the yeare that hee cometh into ancient Demesne and so makes his claime within every yeare and 〈◊〉 day then the Villain shall not take advantage by his being there and if the Villaine dwell in another Mannor of ancient Demesne which is in possession of another then the King the Lord may seise him Fitzh fol. 79. a. and from thence-going that the Lord may make his claime if he goe in ancient Demesne is inquirable Also if any of the Tenants of the Lord be dead without Heire generall or speciall Escheat then the Lord shall have his Lands by Escheat or if any Tenant seised in Fee be attaint of Felony by Outlawry Verdict or otherwise the King shall have yeare day and waste and after the Lord by Escheat and is inquirable Or if a Bastard purchase Land and dye without issue of his body the Lord shall have his Land by Escheat And note That none shall have Lands of Fee-simple as heire to any man unlesse he be heire of the whole blood Littleton fol. 2. And if the Tenant be disseised and dyes without heire the Lord shall have the Escheat 14. Common Also if any which hath no Common without number charge the Common with more Beasts then he ought to doc according to the quantity of his Land or if he which hath Common appendant not Common appurtenant put into the Common Beasts which are not commonable as Hogs Goats and Geese or if any digg in the Common unlesse it be for Gravell for the high waies and fill it againe or maketh other trespasse in the Common or use the Common in any other manner without the license of the Lord but to take his Common with the mouth of his Beasts or if any digg Turffs or make other trespasse upon the waste or build any house or make inclosure of any part of it it is inquirable 15. Also if any Tenant within this Mannour Rechasing which hath two Farmes one of them within this Mannour the other within another Mannor and at the time when the Feilds and Meadows within this Mannour are layd open he brings his Beasts within this Mannor which he hath kept upon the Farme of another Mannor and by this surchargeth the Tenants within this Mannor this chasing and rechasing is inquirable 16. Mortmaine Also if any Tenant of this Mannor hath aliened any of his Lands in Mortmaine that is to a Religious house or to a Bishop Parson Vicar and to their Successors or to any other Corporation where that shall go in succession that is to say To them and their Successors without the license of the King and the Lord of the Mannor it is inquirable That the Lord may make his claime within a yeare according to the Statute Note That by the Statute of Religiosis the Lord may enter within one yeare after the alienation and if the cheife Lord immediate be negligent and doe not enter upon this Fee within a yeare then it is lawfull to the next Lord of that Fee within the halfe yeare following to enter and at the last the King And if any make a Feoffment to one to the use of a House of Religion or to the use of a Company or Brother-hood this is Mortmaine The same Law is where one exchanges with a Corporation that is Mortmaine also if any religious person hold of any man by Rent-service and the Lord releases to him this is Mortmaine 17. Who is Tenant Also if any Tenant by Charter alien his Land and hath not given notice of that to the Lord and the Alienee hath not made fealty to the Lord nor Suit of Court that the Lord may have knowledge who is his Tenant it is presentable for that he may know upon whom to make his avowry and of whom to have his Services and Escheats 18. Waste Also if any Termor for years or for life of any parcell of the Demesnes of the Mannor hath made waste in any House Lands Woods or Gardens you shall present that or if any holds two Tenements and hath wasted one as if he remove Trees from one to the other that is waste 19. Trespasse Also if any Trespasse be made in any Demesnes of the Lord that is to say In the Corn Grasse Meadowes Pastures Wood Hedges Waters or if any Fish within his Rivers or Waters or if any Hauk or Hunt within the Demesnes of the Lord without his license or within his Warren these are presentable 20. Trespasse Also if any take any Hony or swarms of Bees within the Demesnes of the Lord or take any Haukes or Aeiry of Haukes these are inquirable 21. Also if any Bailiff or Officer make any arrest for Rent Rescous Custome or Service due to the Lord and Rescous to him is made you ought to present the name of him which made the Rescous and where and when it was 22. Pound breach Also if any distresse be put in the pound of the Lord and be taken out without authority of Law this is a Pound-breach and is inquirable 23. Removeing meer-stones Also if any remove or take away any meerstones or stakes between this Lordship and another or between Tenant and Tenant you ought to present that 24. Encroch Also if any hath incroached any of the Lands of the Lord scilicet Land Meadow Pasture Wood Furse Moore or any other vacant Land without the Lords license by burning his Hedges Pale or otherwise that is inquirable Note that all the void Land and Waste within the Mannor is to the Lord of the Mannor 25. Also if any within this Mannor Husbandry suffer any House of Husbandry with which was occupied twenty Acres of Land to decay and to take from it any Land the Lord of whom this is held Rast Husb. 1. and 6. shal have the halfe of the profits of this to his owne proper use till that be maintained again for Husbandry 4 H. 7. chap. 19. and 5 Eliz. chap. 2. and that for the benefit of the Lord is inquirable 26. Also if any Tenant hath inclosed any Land Common and keeps that in severalty which was wont to lye open without the license of the Lord and
returned attached and doth not come it is forfeit to the Lord 28 H. 6. fol. 9. If the Sherif attach a Cow the property is not out of the defendant till he make default upon return of that and if the Sherif leave the Cow attached with the defendant yet if he make default it is forfeit to the King and the Sheriff may take it with him at the first if he will 9 H. 7. fol. 6. By Brian a plaint cannot be affirmed in a Court Baron but the Court sitting and so attachment shall be awarded the Court sitting notwithstanding it is used otherwise 21. Ed. 4. fol. 79. By Babington that attachment shall be by a meer chattel which shall be forfeited by default of the party but it shall not be by a chattel real as a lease for years or a ward nor for apparrel 7 H. 6. fol. 10. That attachment shall be of chattels which a man may forfeit by outlawry 26 H. 6. T it assise 14. By Moyle That no goods shall be attached but the proper goods of the party and not the goods which the party hath in pawn or that he hath borrowed 35 H. 6. fol. 25. The precept of attachment is made as it followeth c. IK Steward to the Bailiff of the same health Prebend of Islington Attachment because I.S. complaineth against I. D. in a Plea of debt of 30 s. or in a Plea of Trespasse if the Plaintiff sue a trespasse c. or in a Plea of detaining c. and find pledges to prosecute c. Therefore I command you that you shall attach the aforesaid I. D. by all his goods and chattels to answer the aforesaid I. S. in the Plea aforesaid at the next Court there to be held and have there this precept and how c. Dated the 23. of April the year of the Raign of Queen Eliz c. 22. By me I. K. Steward Note that in a Court Baron a man shall be attatched by goods and there shall issue no Capias there Where the entry is The great Court of J.S. there held this is but a Court Baron And where the entry is To the great Court with Leet it is presented this is uncertain and not good for the entries shall be several as it follows afterwards 10 Ed. 4. fol. 17. By-Laws I entend that By-Laws and Paints which is the 21 Article of Charge may be made in Court Baron as well as in Leet IT is said that a town may make by-Laws 11 H. 7. fol. 14. and 44 Ed. 3. fol. 19. and that where by-Laws are for the Common-wealth are good and it is general that by-Laws may be and it is not material in what Court so I intend for these causes were made in Court Baron By-Laws for inheritance shall not bind but those which were parties to it and not any other which was no party 15 Eliz. One by-Law may order the Inheritance of a man but cannot dis-inherite any by Manwood 15 Eliz. By-Law may be made in Leet and may be in a town by Harper and shall bind every one if it be for the Common-wealth and otherwise not but onely he which agrees and not an estranger 11 H. 7. f. 14. One avows taking of distresse and prescribes that c. there was a custome had that all the tenants or the greater part of the tenants of this Mannor and other the residents and Inhabitants within that Mannor or the greater part thereof to the Court Baron of that Mannor held at the said Mannor were used and acustomed to make Laws called by-Laws which proves that by-Laws may be made in Court Baron as in Court Leet 2 Eliz. Dier saith That a Steward by assent of the tenants in his Court could not by the Law apportion himself and the residue of the tenants of their Common for sheep if they have that by the grant of the Lord himself But if they have that by prescription otherwise it is And they may agree that he which surcharges shall pay to the Lord so much but then it behooveth the Lord to shew authority by prescription that his tenants have made such by-Laws of the Commons and other things of Land of time whereof c. and ought also to prescribe that he had used to distrain for that but if such amerciament had been paid without distresse of their accord this is good evidence to the prescrption of distraining Copy-holders Now let us see of Copy-hold which is the 22 Article of the Charge and first what interest a Copy-holder hath by the Law and what by the custome TRespasse by Tenant by Copy it doth not lie against his Lord for his Copy-hold Besides Danby and Bryan 21 Ed. 4. But he shall have a Subpena against his Lord and not a trespasse 7 Ed. 4. fol. 19. And at ths day it is held that a trespasse lies Tenant for life by Copy shall say in his pleading that he is seised in his demesne as of a freehold according to the custome of the Mannour and if he hath fee that he is seised in his demesne as of fee according to the custome of the Mannor and justifie not that they have no freehold at the common Law but by the custome so that Copy-holder hath fee and freehold by the custome and not by the common Law as it seems by this book 21 Ed. 4. fo 96. Trespasse against the tenant by Copy hath aid of his Lord 15 H. 7. fol. 10. and 21 H. 6. the same Copy-holder may have trespasse against one of trees cut though that the Freehold be in the Lord. So by this it seems that he may have trespasse against every one for trespasse made upon the Land but against the Lord 2 H. 4. fol. 13. The Dean of Pauls hath a Lordship of Ploughers and all the tenants are tenants at will and the freehold is in the Lord and there iâ— appears that a Copy-holder may have a trespasse at the Common Law against one which makes a trespasse upon his land but he cannot sue action at the Common Law for the land nor remove that suit out of the Court of the Lord 1 H. 5. fol. 11. The Lord shall have the wood of the Copy-hold and sell it unlesse the Copy-holder have that by custome as in many Mannors he hath 2 H. 4. fol. 13. and 43 Ed. 3. f. 32. Tenant by Copy at will which is called tenant of base tenure if he be outed shall not have a Right close but sue by Bill in the Court of the Lord and in times past a Copy-holder was called a tenant in villenage or of base tenure Fitzh f. 12. B. Tenant by Copy or by verge at will of base tenure shall never have a Monstraverunt But the Copy-holder in ancient demesne of freehold shall have it Fitzh 14. D. If my copy-holder enfeoff one I may enter for forfeiture 11 H. 4. f. 81. Tenant by copy cannot alien his land by a deed for if he do it is
furrender and shall not be avoided by the Disseisees nor otherwise by him which surrender nor by his Heire In pleading of a copy is that the Lord by such a one his Steward did demise and not that the Lord did demise and also that a Woman be alone and privately examined by the Steward and it behoveth in pleading to say by such a Steward and name the name of the Steward and for that it is good order to expresse in the copy and the Court-roll that to this Court came J. S. and Alice his Wife she alone and privately being examined by J. K. the Steward there and to set the name of the Steward to every copy and also to every Court-roll for pleading in divers cases 〈◊〉 the Lord by J. K. his Steward granted him Seisin by a Rod c. 8 H. 5. fol. 4. and 10 Ed. 4. f. 6. Limitation THE Statute of 32 H. 8. chap. 2. extends to copy-holds for the Statute is that none shall make prescription Title nor claim c. above forty yeares c. and that doth a copy-holder and for that is within the Statute 6 Ed 6. Brook Limitation 2. 38 H. 8. chap. 1. Copy-holder which is Tenant in common is not compellable by this Statute to make partition for the Statute gives remedy for one Tenant in common against another by a Writ of making partition and it seems that a Copy-holder is not within the Statute of 27 H. 8. chap. 10. of Joynture of Women for that Statute bars Women which have Joyntures before Marriage to have Dower that is of Lands given in Dower by the Law and not by custome Where a copy-holder by the custome may surrender his Land out of the Court into the hands of the Lord by the hands of two copy-holders or one to the use of J.S. and a copy-holder so makes surrender to two and one dies or both dye before the next Court and yet Homage findes it this is good surrender and J. S. shall be admitted Tenant by copy of Lands of the nature of Gavell-kinde hath Issue two Sons his eldest Son hath Issue a Son and dies seised this Land shall descend to the youngest Son and to his Nephew the same Law is if the Son have Issue a Daughter and dies seised this Daughter and the youngest Son shall have this Land by discent and yet the Statute of Prerog Regis chap. 16. is that Women shall not share with Men. Tenant by copy surrenders to the use of one for life the remainder to the use of one most neere in blood and hath Issue two Sons the eldest hath Issue and dies the Tenant for life dies the youngest Brother shal have the Land and not the Issue of the eldest Brother for the youngest Brother is more neere of blood to his Father then is the â—on of his eldest Son by wich 30 Ass 47. but the youngest Son is not next Heire Where the copy-hold is of the nature of Borrough English and this copy-holder having three Sons surrenders this to the use of his youngest Son in taile the remainder to the use of the Heires of the Body of the Father ingendred and for default of such Issue to the use of the right Heirs of the Father and the youngest Son dies without Issue of his Body it is said that the eldest Brother shall have this as Purchasor Two Joyntenants of one copy-hold are and one surrenders his part to his companion for life this is a severance of the Joynture Lit f. 56. Where the custome of a Mannour is that the youngest Son shall inherit by discent the copy-hold and A. being a Villaine purchase copy-hold there and the Lord seises them and grants them out of his hands by copy the yâ—â—ngest Son of the Grantee shall have this by discent If the tenant by copy of Court-roll hath paid to his Lord more Rent then he ought and the Lord of that Surplusage of Rent was seised by the hands of his tenant yet the tenant shall avoid that in Avowry for he is but tenant at will by the course of the common Law otherwise it is of very tenant of charter land Where a copy-holder in Fee surrenders into the hands of the Lord to the use of J. S. without more all is in the hands of the Lord and the Steward admits J. S. to have and to hold to him and his heirs yet J. S. hath an Estate in Fee and yet the admittance is but allowance of J. S. to be tenant of such Estate which is surrendred but the use is in most courts to enter that it was surrendred to the use of J. S. without more and the Steward enters that the Lord hath granted to him Seisin to have to him and his heirs and taken good but it is better when one surrenders into the hands of the Lord to say and enter to the use and behoof of J. S. for life or to the use and behoof of J. S. and his heirs so that by to the use and behoof the Estate is limited that J. S. shall have it and that makes the admittance accordingly to be good without doubt and yet the other is good for by the surrender all the interest is in the Lord. If the Homagers gives false Verdict in the court of copy-hold the party shall not be bound but he shall traverse that but if such a Verdict be found for the Lord though the Verdict be false yet the party cannot traverse that there but is put to his Petition touching his land or to sue in the Chancery for if the Verdict finde false that waste was made in the Tenements of the Grand-father the Son of the Father shall loose after his land for that it is a forfeiture which runs with the land but seek for it is made by the person of the Father and the Son hath no remedy if the Verdict be true but if the Verdict be false then his remedy is by Petition and by no other remedy in this Court If Tenant by copy makes a Lease for years by license of the Lord and after in the same Court the Tenant will release to his Lessee by such words to remise and release such release seems void for that that it ought to be a Surrender into the hands of the Lord c. as he hath surrendred and released c. Use may be of Copy-holds as well as of Free-hold but the Statute of 27 H. 8. for uniting the possession to the use doth not extend to such tenures Nor he to whose use cannot forfeit the Land by cutting Trees if it were not by the consent and commandement of the Copy-holder If the Lord let severall Copies for one intire Rent and service and the Tenant makes waste in any parcell of them and that be presented in his Court he shall seise all the Copy as it was intirely let A Rent of a Copy-holder may be apportioned as well as another Rent Tenant by copy of Court-Roll in the Court sold
common Law and good by all the Justices for though a Formedon in discender were not given but by Starute yet this Writ now lieth at the common Law and it shall be intended that that hath been the custome time out of minde c. See Littleton fol. 14. Plaint in nature of Formedon in discender and also Littleton saith that copy-holder is where within the Mannour the Tenants within the same Mannour have used time out of minde to have Lands or Tenements to them and to their Heires in Fee simple or see Taile and though that the Statute of Westminster 2 chap. 1. is That the will of the giver in writing should be observed so that copy-hold is not within the Statute yet in these Mannors within which time out of minde they have been used to have Estates in taile in this Mannor and not in others are Estates taile of copy-holds 15. H. 8. tit 24. And now it is common usage to cut of the Taile of copy-holdes within such Mannors where there is an Estate taile of copy-hold by common recovery in the nature of a Writ of entry in the Post which after followes and also by recovery in nature of a Writ of Right and joyne the Mise as followes afterwards and another way is to cut of the intaile and that is by presentment that the copy-holder hath made a Lease by Indenture for divers years or other forfeiture and then the Lord to seise for that and to surrender to the Purchasor and these two waies are allowed for good It is said that five grounds of Law in England is and hath been in diverse particuler customes the which customes though they are against the generall customes of Law yet they are in effect and are taken for Law and so I intend that this custome of copy-hold Estate for that that it hath continuance by prescription is good by the Law that the copy-holder hath an Estate by custome and Law also and that of that may be an Estate taile where that hath been used by prescription Doctor and Student fol. 20. Copy-holders COpy-hold Lands were before the Conquest and it was called Folk-Land in the time of the Saxons and the Charter-lands are called Bock-land And also Bracton Book 4. allows of Copy-hold land and sayes That doing their Services and customes Their Lords cannot put them out And so Copy-hold Estates have in time of every King since the Conquest by all the Justices been allowed so that for the antiquity and their continuall alowance from time to time the Estates of Copy-holds are affirmed in Law yet Fitzh fol. 12. b. saith That Copy-holders in ancient times were called Tenants in Villainage or base tenure But this doth not make them Villaines for Littleton fol. 39. saith That some Free men hold their Tenements according to the custome of certaine Mannors by Villaine Services and yet they are not Villaines and though at the beginning of Copy-holds they had but a base Estate and at the will of their Lords yet when they have continued their Estates by Copy of time out of minde then doing their customes and services as Copy-holders ought to doe they ought to enjoy their copy-holds whether the Lord will or no and it appears by divers Statutes that copy-holds have been in reputation for by the Statute of 1 R. 3. chap. 4. 19 H. 7. chap. 13. Copy-holder which might expend by the year 26 s. 8. d. shall be accounted of the same sufficiency to be impannelled of a Jury as he which might expend 20. s. per annum of Free-hold land and by 2 Ed. 6. chap. 8. the interest of Copy-holders are preserved notwithstanding they are not found by Office after the death of the Kings Tenant and by 13 Eliz. chap. 7. Lands of a Bankrupt as well copy-hold as free-hold shall be sold so it appears copy-hold Estates shall be regarded and those Demesnes which are in the hands of the Copy-holders are such Demesnes as the services which they do make a Mannor though the Lord have no other Demesnes in his own hands nor in his Farmors Bailiff or Servants for it is Demesnes having regard to the Lord for that that upon every Surrender the Lord hath medling and grants it over in his Court. And if you will admit that an Estate Tail by usage of time out of minde may be of Copy-hold within a Mannour where it hath been used by prescription and Plaints of Formedon have there been brought why will ye doubt but that it may be well cut off by common recovery in Plaint in nature of a Writ of Entry in the Post or at least in nature of a Writ of Right and Mise ioyned upon meer Right and after Default made by the Tenant and Judgement final given though that these Recoveries have not been used there by prescription for they are at the common Law and Plaints in nature of these Writs are to be sued there of copy-hold It is said that a Fine levied in ancient Demesne is of no worth for it is no Court of Record but it is said that common Recoveries may be sued there to cut off the Intail and good for that that the land shall be pleaded there by a Writ of Right close and not otherwise and copy-holder shall be impleaded in Court Baron of the Mannour by Plaint and not elsewhere And for that the Recoveries aforesaid to cut off the Intail of a copy-holder may be there though they were not there used before if there be Estates Tail there and if usage makes the Estate Tail and also usage makes the copy-holder to have an Estate of Inheritance by custome and is good 50. Book of Assises 9.47 Ed. 3.38 And though Littleton fol. 16. If Lord out his copy-holder he hath no other remedy but to sue to his Lord by Petition for he saith the Lord cannot break the custome which is reasonable but if such Lord will break the Custome it is no Reason to suffer such a Lord to be his own Judge and to compell a copy-holder to sue to him by Petition But for that that divers Lords are of an ill conscience that before were as I have heard for that divers grave Judges now hold that a tenant copy-holder may have Trespass against his Lord according to the opinion of Brian and Danby And this at this day seems reason for though at the beginning copy-holders had but Estate at the will of the Lord yet by the continuance of this Estate of time out of minde they have such Inheritance by the custome of the Mannour that the Lord doing his Services cannot out them and the prescription goes to the Land and not to the Lord nor to the occupation for that is copy-hold land which hath been let and demisable time out of minde c. If the Tenant by copy deny to do his Services the Lord may enter for forfeiture if it be presented by the Homage but if the Tenant by chance makes a Default at the Lords Court and
Tenant saith he hath improved leaving sufficient for the Plaintiffe If a man grant Land and Common the Grantor cannot improve against his Deed 12 H. 3. fol. 25. That hee cannot improve against a Deed 3 Ed. 2. tit 21. If the Tenant have Common for all manner of Beasts the Lord cannot improve notwithstanding I have heard the opinion of the Learned to the contrary 34. Assise 11. It was held that no man might improve in Feilds sowed where they have Common when the Corne is reaped and carryed and in time of Wreck for the Statute is in Wasts and not in Feilds And also it is held there that Cottager shall have Common but not a Cottager newly erected for he cannot prescribe 5 Book of Assise 2. Jurney to Lecester The Tenant shall not have Common to Land newly improved but to ancient Land hide and gaine 10 Ed. 2. tit 22. 5 Book of Ass 2. the same The Statute is as much as belongs to Tenements that seemes to extend as well to Common appurtenant as appendant But Master Stamford sayd in Grayes-Inne That improvement is onely against him that hath Common appendant and not against him which hath Common appurtenant without number Now let us see what is appendant and what appurtenant Common appurtenant is for all manner of Beasts and appendant is but to have common for Beasts commonable Natura brevium fol. 70. That appurtenant is with all manner of Beasts by prescription 9 Ed. 4. fol. 3. by Fairfax By Prisot Common appendant is to have common for Horses Beasts Kyne and Sheep which are commonable and which are most fit for the Ploughman and not for Geese Goats and Hogs 37 H. 6. fol. 34. If one hath a common of Estovers by Grant he cannot build another new House to have Estovers to that Fitzh fol. 180. h. Admeasurement lyes between Commoners which have common appendant to their Free-hold if one of them surcharge the common by putting in more Beasts then they ought to common Fitzh fol. 125. B. D. He which hath Common appurtenant to a certaine number or common by specialty to a certaine number shall be admeasured But he which hath common appurtenant without number or in grosse without number shall not be admeasured 26 H. 8. fol. 4. Common appendant cannot be aliened and severed but common appurtenant may 5 H. 7. fol. 7. B. and 9 Ed. 4. fol. 39. A. He which hath Common appendant cannot use that common with other Beasts but those which are rising and lying upon his Land 15 Ed 4. fol. 32. Termor cannot put any Beasts into the Common but those which hee hath to manure his Land or for his houshold and not for to sell 14 H. 6. fol. 6. A man grants Land and a Turbary this doth not make the Turbary appendant unlesse it were appendant from time out of minde 8 Book of Ass 9. Common is to be taken by the mouth of Beasts 31 H. 8. tit 151. Commoner hath no interest in the Land but to take that with the mouth of his Beasts and cannot have trespasse why he broke his Close against one which makes trespasse in the common but may distraine them doing damage 12 H. 8. fol. 2. There are foure manner of Commons that is to say Common appendant Common appurtenant Common in grosse and Common because of Neighbourhood Natura brevium fol. 69. Common appendant is to Land arable onely 26 H. 8. fol. 4. by Hales It seemes it may be appendant to a Mannor Land or Tenements Fitzh 139. L. It may be appendant by reason of a House Natura brevium fol. 70. Where one hath Common because of Neighbourhood in the Land of J. S. he cannot put in his Beasts in the waste of J.S. but in his owne Land which may goe if they will into the waste of J. S. 13. H. 7. fol. 13. c. Assise of Novell Disseisin lyeth of Common of pasture Turbary and Fishing where he hath that for life or in taile or in Fee and is disturbed that he cannot take his common and the Writ shall be hee disseised him of a common of pasture in D. and not disseised him of his Free-hold in D. as where it is of Land for there it is alwayes hee disseised him of his Free-hold Fitzherbart fol. 179. L. Common appendant a man cannot use with Beasts of a stranger unlesse hee keepe them to dung his Land but hee cannot take in other Beasts for Money which doe not manure his Land See 6 H. 7. fol. 14. Fitzherbart 180 B. If a man claime Common for Beasts without number there he may put in other Beasts of a strangers for Money in that Common otherwise it is in Chase or Forrest where the Lord hath Deer Fitzh 189. B. He that hath Common ought to use that with his owne Beasts or with Beasts which dung his Land or with Beasts allowed for their Milk and cannot take in any 22 Book of Ass 82. He which hath Common by specialty cannot take in Beasts but he that hath Common for Kine for their Milk or for Beasts to manure his Land for Sheep allowed to dung his Land for he hath right in them for the time 45 Ed. 3. fol. 26. A way appendant to a House shall not be made ingrosse but Common appurtenant and Advowson may 5 H. 7. fol. 7. Where the King grants Common to an Abbot and his Successors without number out of a Mannor and after he grants the Mannor to another and after the Abbey is dissolved it seems for that that it is Common without number the King shall not have it but if it were Common certaine the King shall have it 27 H. 8. fol. 20. Common appendant shall be used with his proper Beasts and not with others Beasts and the Defendant was admitted to prescribe for Common appendant 6. Hen. 7. fol. 14. He which hath Common appendant cannot use that but with his owne proper Beast or Beasts which dung his Land but he which hath Common for twenty Beasts by Grant or with Beasts without number he may use that Common with others Beasts 11 H. 6. fol. 22. Fitzh 180. B. the same A man need not prescribe in Common appendant but it sufficeth to say that he is seised of three Acres in D. and that he hath Common appendant c. 4 H. 6. fol. 13. He which justifies for Common appendant need not prescribe in that also 22 H. 6. fol. 10. Common appendant cannot be but by continuance of time out of memory c. 5 Book of Ass 2. Courts In what place a Court-Baron shall be held COurt-Baron by Brian shall be held in a place certain but I have heard that it may be kept in any place within the Mannor that the Tenants have notice to make their suit and it is good 8 H. 7. f. 4. A. and so it is 24 Ed. 3. that it need not be in a place certain and by Glanvile fol 19. It ought to be held in a place within the Mannor and
shall have that Fitzh fol. 11. The King shall have yeare day and wast of Lands in ancient Demesne if it be so that the Tenant have sold them against his Lords will and yet not the Lands past by surrender Stam. fol. 50. Note this is where the copy-holders in ancient Demesne have used time out of minde to sue for them by petty Writ of Right close and so is 14 H. 4. fol. 1. by Hank and 14. H. 4 fol. 34. and see 3 Ed. 3. Br. tit copy-hold 22. And in these surrenders of Lands in ancient Demesne of frank tenure it is not used to say to hold at the will of the Lord in these copies but to hold according to the custome of the Mannor by the Services before due and is not said there at the Will of the Lord. Ancient Demesne is Socage Tenure for they are called Sokemaines Fitzh 14. C. By what Writ Execution shall be in ancient Demesne and by what not and shall be free of Toll c. EXecution of Writs in ancient Demesne cannot be for that Execution is given by Westm 2. chap. 18. and that the Statute is if they be ejected of those Tenements they have to recover by a VVrit of new Disseisin 22 Book of Ass 45. Upon a Statute Merchant execution was awarded of Lands in ancient Demesne Br. Tit. 37. Debt against Heire if he hath Lands in ancient Demesne they shall be charged as Assets 7 H. 4. fol. 15. Those Tenants of ancient Demesne are quit of Toll and passages for Goods sold and bought in Faires and Markets and to be quit of Taxe and Tallage of Parliament unlesse they be taxed by the Parliament and to be quit of expences of Knights of Parliament and shall not be put upon Juries and Inquests out of ancient Demesne for Lands of ancient Demesne Eitzh 14. Court of Pipowders Let us see the nature and authority of Court of Pipowders COurt of Pipowders is a Court of Record and the Steward is Judge for that that there are no Suitors there and for that error lieth there upon erronious judgment given and not a VVrit of false judgment 6 Ed. 4. fol. 3.7 Ed. 4. fol. 23. That errour lieth there It was held that a Court of Pipowders may be by custome in a City without Faire or Market and therefore where it was assigned for error upon a Record given in a Court of Pipowders according to the custome of the City held c. And though it be not in full Market or Faire it was adiudged no errour 13 Ed. 4. f. 8. Trespasse of Goods taken the Defendant iustifies as Bailif of the Town of Rippon by vertue of a command of execution of a iudgment given against the Plaintif in Debt in Court of the said Faire at Rippon and for that that the Plaintif did not make agreement for the Debt recovered against him within ten daies after iudgment given he makes price of the Goods by Merchants of the Town of Rippon and for that makes agreement with the party and this Justification was good 20 Book of Assise 90. It was enacted that no Steward shall hold Plea in this Court unlesse the Plaintif or his Attorney makes Oath that the fact or contract was made within the Faire and if it were the contrary he should forfeit 100 s. 17 Ed. 4. chap. 2. tit Faires the fourth In Court of Pipowders the Plaintif or his Attorney shall be examined by Oath if the matter rose within the Faire and the Defendant also may pleade that this arose in a forrain place 1 R. 3. chap. 6. Debt in the common Bench against Mawd and counts that he had recovered ten Markes against the said Mawd in Court of Pipowders at Everwick and the Plaintif by Certiorare removes the Tenor of the Record in the Chancery and from thence by Mittimus into the common Bench to have execution and attachment was made upon the Originall at the ninth houre and he appears and pleaded and a Venire facias went out returnable at the third houre after the ninth and so in Court of Pipowders the processe is from houre to houre 7 H. 6. fol. 19. The book of Entries fol. 167. See there the form of the Count and Precipe of summoning in this Court and the Processe of Capias and proceeding in Debt in this Court and Debt against a Jaylor for escape in Title Debt The book of Entries fol. 18. See Scire facias to have execution upon iudgment given in a Court of Pipowders in an action of account brought there and removed into the common Bench to have execution of that iudgment And it seems breifly that nothing shall be sued here unlesse the contract or deed were made within the Precinct of the Faire or Market as it appeares above and for that Informations of penall Statutes ought not to be sued in this Court of things and Offences made out of Faires and Markets as insufficient tanned Leather carryed to be sold in Faires against the Statutes also this Court is ordained only for hasty redresse of things there during the Faire Court of Marshalsey FIRST In the booke called the Diversity of Courts fol. 110. It is said that the Court called the Marshelsey is an ancient Court of Record and made to have good government and order within the Kings House for preservation of the King and his Servants and to this Court are certaine bounds limited by 13 R. 2. chap. 3. that in all places where the King in his own person shall come and make stay there within the Verge limited to his Graces Court that it shall not passe the space of twelve Miles to be accounted from his Lodging Fitzh 141. B. And in diversity of Courts it is said that this Court hath power to inquire of Treason Murder and Felony and to take appeales of them and also of Maymes if they be made within the Verge and between persons of the Kings House And said there also that if one of the House of the King sue another which is not of the House he shall plead to the Jurisdiction of the Court and if they will not this exception allow he shall have a VVrit of Errour and that shall be reversed in the Kings Bench Fitzh 242. A. Seek in trespasse And the Judges in this Court are the Steward and Marshall of the Kings House for in these is the order of the Kings House Note that by the Statute Articuli super chartas c. 3. that the Steward and the Marshall shall hold no Plea of Freehold nor of Debt Covenant nor of any bargain made between any of the Kings People but only of trespas made within the Kings House or other trespasse made within the Verge and of Contracts and Covenants which one of the Kings House made with another in the same House and not otherwhere And they shall plead no Plea of trespasse except the parties were arrested by them before the King departed the Verge where the trespasse was committed and
Book of Assises 10. Escheats Where it shall Escheat and not discend and where not And for that in the same second Article is also inquirable what advantage the Lord may have by the death of his Tenant that is to say Ward or Escheat Now let us see what is impediment by attainder and otherwise that the Issue of the Lands in Fee cannot be heire by discent not that his Father and Mother were marryed and where the Lord shall have that by Escheat and where not IF an Infant of the Age of seven or eight yeares marry a Wife and his Wife have Issue within one yeare or two after marriage this Issue shall not be his heire and if he have no other heire generall or speciall the Land shall Escheat 38 Book of Assises 24. If the Father being an Alien hath a Son and after the Father is made Denizen and after hath another Son and after purchase Lands and dyes the youngest Son is heire and if he dye without Issue the Lord shall have the Land by Escheat and not the eldest Son for he is an Alien Doctor and Student fol. 12. The eldest Son is attaint of Felony in the life time of his Father and is hanged the Father dyes the youngest Son shall inherite and it shall not Escheat But if the eldest Son be attaint in the life time of his Father and survive the Father the Land shall Escheat 20 Booke of Assises 2.46 Ed. 3. tit Discent 6.49 Ed. 3. fol. 11. 31 Ed. 1. tit 17. accordingly If the Son be attaint of Felony or Treason and after is pardoned and after that his Father dyes seised of land the Lord shall have that by Escheat rather then the Son 13 H. 4. fol. 8.1 E. 3. lit 15. accordingly See before that Doctor and Student fol. 25. Where the Husband is attaint of Felony and purchase his pardon and after dyes his Wife shall not be endowed of Land which he had before the attainder but it ought to Escheat but of those which he purchases after shee shall have Dower and shall not Escheat Littleton fol. 11. If the Husband seised of Land commit Felony and after alien and after is attaint the Wife shall have Dower against the Feoffee but otherwise it is if it were Escheated Nat. bre fol. 7. If the Son be outlawed of Felony in the life time of his Father and hath a pardon and after the Father dyes seised of Land the Son shall not have these Lands but the Lord by Escheat though he hath diverse Sons 31 E. 1. tit 17.11 H. 4. fol. 11. 22 H. 6. fol. 38. The Father outlawed of Felony purchaseth a pardon and after purchaseth Lands the Son hee had before the Felony may inherite them and the Lord shall not have them by Escheat 9 H. 5. fol. 9. If one dye Tenant to the Lord without heire generall or speciall as if the Tenant be disseised and dyes without heire generall or speciall the Lord shall have the Escheat of this Land though he did not dye seised for that that he dyed Tenant 2 H. 4. fol. 9. 7 H. 4. fol. 18. accordingly 32 H. 6. fol. 31.36 H. 6. fol. 1.6 H. 4. fol. 5. the same And Nat. bre fol. 103. the same Where an Alien purchases the King may seise 11 H. 4. fol. 25. 14 H. 4. fol. 20. accordingly And if a Denizen purchase and dye without Issue born within the obedience of the Queen this Land shall Escheat to the Lord. If an English Tenant marry an Alien she is forthwith upon the marriage of the Kings allegiance and their Issue shall inherite and it shall not Escheat Abridgement of the Book of Assises fol. 39. Where there is Lord and Tenant and the Tenant grants Rent charge and dyes without heire generall or speciall the Lord shall have the Land by Escheat Rastall Escheat 15. but hee shall hold it charged 3 Book of Ass 1. The same Law is of the Kings Tenant which grants Rent and dyes c. and his heire in Ward by the Statute 2 3 E. 6. chap. 8. Lord and Tenant the Tenant is disseised and the disseisor dyes seised and the disseisee dyes without heire the Lord shall not have that as by Escheat for I intend hee dyes not in his Homage 32 H. 6. fol. 31. B. Lord and Tenant the Tenant lets for life and dyes without heire though he dyed not seised the Lord shall have Escheat 2 H. 4. fol. 9. If one be attaint of high Treason the King shall have Escheat of whomsoever he hold notwithstanding if it be of petty Treason the Lord shall have the Escheate 22 Book of Ass 49. If the Tenant be beheaded for Felony the Lord shall have Escheat and shall say for which he was hanged Natura brevium fol. 100. 8 E. 3. in the Register f. 165. accordingly If my Tenant within age alien to one in Fee and within age dye without heire the Lord may enter by Escheat 16 E. 3. tit Statham fol. 84.3 E. 3. Journey to North See 6 H. 4. fol. 3. North that he cannot enter but he may have Escheat It seemes that the Lord cannot enter by Escheat where his Tenants entry is taken away as if the Husband discontinue the Lands of his Wife and the VVife dyes without heire the Lord cannot enter by Escheat 32 H. 6 fol. 27. by Littleton If a man goe over the Sea without license and there takes a Wife and there by her hath Issue if the Issue survive his Father the Land of the Father shall Escheat 22 H. 6. fol. 38. by Newton 1 R. 3. fol. 3. by Hussey He which is borne beyond the Sea and his Father and Mother were English that their Issue shall inherite by the common Law but by the Statute aforesaid it is cleer The same Law is where an Alien borne purchase lands of the King before he be made Denizen or if hee be a Denizen and purchase Lands and dyes without heire borne under the obedience of the King there the King shall have that Land as Perquisite in manner as Escheat Where the Tenant hath an Estate in fee and dyes without heire generall or speciall his Land shall Escheat to his Lord Fitzh 143. T. 32 H. 6. fol. 31. The Lord cannot enter but where his Tenant might enter and for that if the Husband and the Wife discontinue and the Wife dyes without heire the Lord cannot enter by Escheate And if the Tenant be disseised and the Disseiser dyeth seised and his heire enter and after the Disseisee dyes without heire the Lord cannot enter 37 H. 6. fol. 1. It seemes by Fortescue that the Lord shall have Escheat or Ward though his Tenant did not dye seised 2 H. 4. fol. 9. The Lord shall have a Writ of Escheat though his tenant dyed not seised for if he dye his tenant that sufficeth If my tenant lets for life and dyes without heire he doth not dye seised and yet the Lord shall have the
hee shall loose by that THe Lord the King shall have the Custody of all the Lands of those which of him hold in cheife by Knights service of which the sayd Tenants were seised in their Demesne as of Fee the day that they dyed of whomsoever they held by the like services c. Prerogative chap. 1. If any hold of Us by Fee farme or by Socage or Burgage and of another holds Land by Knights service We shall not have the custody of the Heire nor of the Land which is of anothers Fee by the reason of Fee farme or Socage or Burgage Magna Charta chap. 27. 11 H. 7. fol. 18. If one hold of the King in cheife and dyes his heire within age and hath Lands discended from another Ancestor the King shall not have the Lands in VVard which discended from another Ancestor And it seemes if a Remainder be in my Father and that discends to me I shall be in VVard of the body living the Tenant for life otherwise it is of a Reversion for Reversion is a Tenement and held but if a Reversion discend and the Tenant for life living I shall not be in VVard but if hee dye first otherwise it is And if my Father dye seised of a Remainder and the Tenant for life after dye seised during the time that I am within age I shall be in VVard 32 H. 8. tit Ward 97. Where a man holds certaine Land of the King in Socage in cheife the King shall not have Livery of more then of the Land in Socage The same Law where he holds in Knights service of the King Rastall Ward 13. and not in cheife the King shall not have more in Ward but onely that which is held of him immediately If one hold of the King in cheife the King shall have all his Land in Ward as well held of him as of others But otherwise it is if he hold of the King only by Knights Service Stam. fol. 6. Though that the Tenant of the King be in possession of Lands held of others the King shall have them in ward by his Prerogative Stamford fol. 7. Where the Tenant of the King doth not hold of the King in cheife the King shall not have the ward of Lands held of other Lords Stamford fol. 10. Grand-Father Father and Son Infant the Grand-Father is seised of a Mannor held of J.S. and the Father of another Mannor held of the King in cheife the Father dies the King shall have the ward of that Mannor and after the Grand-Father dyes the King shall not have the Ward of his Mannor the Statute of Prerog is That the King shall have the custody of all the Lands c. of which the Tenants themselves were seised of in fee the day that they dyed and for that that the Father was not seised of that the King shall not have it in ward 15 Ed. 4. f. 10. If any hold of the King in fee Farm Socage or Burgage and holds also of another in Knights Service the King shall not have the Lands held of another in Ward by reason of those Magna Charta chap. 17. Where a man holds certain Lands of the King Rastall Ward 3. in Socage in cheif of these he shall not have Livery of more then the Land in Socage 32 H. 8. Tit. 97. Also where one holds of the King by Knights Service and not in cheife the King shal not have more in ward but that only which is held of him immediately during the time that the Lands are seised in the Kings hands in Ward otherwise Lords shall loose their Rents that is to say that they cannot distraine during that time Stam. f. 9. Where one holds part of his Land of the King in cheife and part of another Lord and dies his heire within age and the King seises the Ward of all it seems that the Rent of another Lord and Service is but suspended for the time that it is in the hands of the King 26 H. 8. fol. 9. The Signiorie of another Lord in the case next before is suspended but from the distresse during the possession of the King 13 H. 7. f. 15. If a man holds part of the King and part of another Lord and dies his Heire within age which intrudes at his full age and paies the Rent to the other Lord this is a good Seisin and shall binde him after he hath sued his Livery for the Signiorie was not suspended by the possession of the King but only the distresse for after Livery the other Lord may distrain for the Arrearages due before see now 34 H. 8. Tit. Seisin 48.2 Ed. 6. chap. 8. That the Lords shall have their Rents during the minority at the hands of the Kings Officers 26 H. 8. Tit. ward 85. If the Kings Tenant alien in fee without license and dies his Heire within age the King shall not have ward for that that there is nothing discended to him for the alienation is good saving the trespasse to the King which is but Fine by Seisor 1 H. 7. f. 5. If the Heire intrude upon the possession of the King and levy a Fine this is void by the Statute of Prerog chap. 13. Which is where one intrudes there ariseth unto him no Free-hold but if the Heire levy Fine without intrusion that shall binde him and his Heires Time of H. 8. Tit. alienation 22. Tenant of the King in cheife cannot alien for tearm of life without license for he alters the Free-hold Magna charta chap. 4. If a Guardian by the Kings Grant makes destruction or waste he shall loose his Guardianship c. Magna charta chap. 5. The Guardian shall keep up the Houses Parkes Warrens Stanks Mills c. West 1. chap. 11. Where a Tenant lets for yeares and dies the Lord by Knights Service in time past might have outed a Farmor during the Nonage but it is not so at this day IF the Tenant let for yeares and dies his Heire within age the Guardian shall out the Farmor yet he shall have Covenant against the Heire at his full age for this Tearm which the Guardian hath during his Nonage 34 Ed. 1. Title 120 Guardian may out the Farmor and yet at full age the Lessee shall have his Tearm again Britton fol. 163 It is held that a Guardian may out the Farmor for yeares but not the Farmor for life 5 H. 7. f. 37. Fitzh f. 142. C. the same 33 H. 6. f. 47. the same and 14 H. 7. fol. 24. Guardian cannot out Tenant by Elegit but he may out the Farmor Statham 1 Ed. 3. Tit. 13. 1 Ed. 3. fol. 103 by Sharde A Guardian may out the Farmor and so may out him which hath execution by a Statute Merchant inquire of Tenant by Elegit 33 H. 6. fol. 47. and 36 Ed. 3. Tit. That Guardian may out Tenant by Statute Merchant Guardian in Knights Service cannot out the Termor 36 H. 8 Lease 58. 35 H. 8. Tit.
85. the same It is granted by all the justices that the King shall not out the Farmor of his Tenant by reason that the heire of his Tenant is in ward nor he which hath execution upon the Statute nor Rent charge granted by his Tenant nor grant of next Advowson Time of H. 8. Tit. Ward 44. Now if the Tearm be not found in the Office for the King yet the Farmor shall injoy his Tearm 2 Ed. 6. chap. 8. Where there is Lord and Tenant Rastall Escheat 15. and the Tenant grants a Rent charge and dies his Issue within age the Lord being Guardian shall hold this Land charged 3 Book of Ass 1. Seisin Seisin of the Guardians vests Free-hold in the Heire and Chattell in the Guardian and Seisin of the Lord of parcell sufficeth to have ward but not to avow for all and see what Seisin is materiall WHere by Office one is found in ward to the King that settles the profits in the King and the Freehold in the Heire 1 H. 7. fol. 6. and 42 Ed. 3. f. 4. Seisin of the Ward is Seisin of the Son within age so that if he dye without other Seisin the Daughter of the halfe blood shall not have this Land 8 Book of Assises 6. Possession of the Guardian is possession of the Heir for if the Guardian be outed the Heire shall have Assise without other Seisin 2 Ed. 4. f. 5. Though the Free-hold be in him which is in ward yet if he being in Ward cut the Trees of his Land in Ward the Lord may have trespasse against him 5 H. 4. fol. 2. If the Tenant holds by Homage Fealty and Rent and the Lord hath been seised of the Rent but not of the Homage within memory yet this sufficeth to have the ward 6 Ed. 6. Tit. Ward 122. If the Tenant hold by Rent and Knights Service and the Lord and his Ancestors have been alwaies seised of the Rent but not of the Homage Escuage not of the ward yet if the ward fall The Lord shall have the Ward of the Heire by Seisin of the Rent for the Seifin is not traversable notwithstanding otherwise it seems to make avowrie 7 Ed. 6. tit 69. 13 H. 4. Seisin of Homage without Escuage is sufficient to have releife for avowrie 22 Ed. 3. Tit. 90. Tenure B. By the Seisin of Escuage the Lord may distraine and make Avowrie for Homage 27 H. 8. fol. 25. Avowrie for Fealty and Rent and Issue upon the Tenure Seisin of the Rent is not good evidence nor Seisin of Suit of Court for it is another thing that the Avowrie is made for 44 Ed. 3. f. 11. Seisin of Fealty is not iufficient Seisin to have Assise of Rent but sufficient Seisin to make Avowrie for all 45 Ed. 3. fol. 23. the same Seisin of Escuage nor releife shall not be traversed and for that where one avows for Homage Fealty Releife and Escuage it is no Plea that he was not seised of Escuage nor of releife for paradventure Escuage is not assessed by Parliament within memory 13 H. 4. f. 6. Where one holds by Fealty and Rent If the Lord were seised of the Rent it is sufficient to avow for all see 29 Ed. 3. fol. 31. and 27. H. 8. f. 24. But the Issue was upon the Tenure Where one holds by Fealty and Rent Seisin of Fealty is sufficient to avow for all 45 Ed. 3. f. 28. 44 Ed. 3. f. 10. See 27 H. 8. f. 24. Seifin of parcell of Rent is sufficient to have Assise of all 8 Book of Ass 4. But if one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Nat. Bre. fol. 109. If one hold by Fealty and Rent Seisin of Fealty is not sufficient to have an Assise of Rent Abridg. Book of Ass fol. 16. Seisin of Rent by the Predecessor of a Parson c. Of a corporation if it be gainfaid to the Successor it is sufficient to have an Assise of this Seisin Fitzh fol. 179. C.F. Seisin of Fealty is not sufficient to have Assise of Rent 20 H. 3. Tit. Avowrie 433. Where one holds by Fealty and ten shillings Seisin of parcell of the Rent sufficeth to have Assise for all Inquire time of Ed. 1. Tit. Avowrie 229. One may avow for releif without alleadging any Seisin of it 20 Ed. 3. Title One may have Escheat and Ward before that he be seised of the Services 11 H. 4. f. 16. Where one avows for that that the Plaintiff hath common in his Land and hath used to pay to him ten shillings and hath used to distraine for that it is not good without alleadging Seisin of that Rent 26 H. 8. fol. 6. Homage and Fealty And for that that the third Article of the charge is to inquire of Services withdrawn and for that that some Tenants make Homage and Fealty and some Fealty only you ought to see the form in Master Littleton fol. 18. and 19. Of making of one and of another and what shall be one and what the other and that none shall make Homage nor take Homage but such a one which hath an Estate in Fee simple or in Fee taile in his own right or in right of another and if a Woman having Lands in Fee or in taile takes a Husband and have Issue The Husband in the Life of his Wife shall make Homage but before Issue it shall be made in both their names and if the Wife dye the Husband shall not make Homage HOmage shall not be made to Tenant in Dower for it shall be made to none if he hath not Inheritance 22 Ed. 3. f. 19. 7 H 4. fol. 21. He which holds by Knights Service shall make Homage Litt. fol. 22. He that holds by Socage may hold by Homage and shall make Homage One cannot avow upon a Husband and a Wife as of right of the Wife for Homage unlesse that the Husband hath Issue by the Wife but if he avow upon them it need not be alleadged but it shall be intended that they have Issue see 44 Ed. 3. fol. 41. and 43 Ed. 3. fol. 13. Corporation cannot make Homage for corporation cannot appeare but by Attorney 33 H. 8. Title Fealty 15. Bishop or Abbot may take Homage contrary of Parson of a Church Time of Ed. 1. Tit. Fealty 12. In a Perque servitia an Infant was constrained to attorn and to make Fealty notwithstanding his nonage 20 Ed 3. Tit. 19. Tenant for yeares shall make Fealty to his Lessor Lit. fol. 29. D. 9 H. 6. fol. 43. and 5 H. 7. fol. 11. accordingly where a Rent is reserved By all the Justices that Tenant for yeares shall not make Fealty for it is as I beleeve to be intended not to the Lord but to the Lessor 10 H. 6. f. 13. It seems that a Lessor may avow upon a Lessee for years as within his Fee by the Mannor and for that shall make Fealty to his Lessor and may avow for
where the Lord prescribes to have the best he may seise for that that it is certaine 6 Ed. 3. Tit. but inquire Who shall pay Hariot and who not and when it shall be paid and what remedy upon putting it away ISsue in avowry if he die his Tenant for the Lord shall have Hariot though that the Tenant do not dye scised for it is sufficient if he dyed his Tenant though that he did not dye seised 44 Ed. 3. fol. 13. Br 1. and 7 H. 4. fol. 17. The Husband and Wife and their Son purchase lands joyntly hariotable and the Husband dies the Lord shall not have a Hariot till after the death of the last of them 24 Ed. 3. fol. 50. Br. 4. and Fitzh 3. 25 Ed. 3.7 and 19. R. 2. tit Hariot 5. Where a man dies seised of two Houses hariotable the Tenant shall pay two Hariots and note there the prescription that a Parson shall have the best Mortuary and the Lord the second best and if the Lord shall have the second best was the Issue taken 7 H. 6. fol. 26. Br. 3. Beasts which are remaining within the Fee of the Lord if they be removed out of the Lordship the Lord may take them for Hariot where he is to have Hariot after the death of every Tenant 27 Book of Ass 24. If my Tenant which holds of me by a Hariot aliens parcell of his land to another every one of them shall pay Hariot for that that it is intire 34 Ed. 3. Fitzh 3. After the death of a Prior Hariot shall not be paid for that he hath no property in the Beasts 32 Ed. 2. Fitzh 7. If a Husband Wife and their Son are seised for their lives the remainder to their said Son in taile after the death of the Husband the Lord shall not have a Hariot for he was not sole seised 24 Ed. 3. Tit. 3.19 R. 2. Tit. 5. The same for it is said there that if one do not dye sole Tenant there shall be no hariot paid Recordare longum If the Lord purchase the Tenancy held by hariot service then the hariot is extinct by the unity of possession for that that it is service annexed to the Land but I intend that it is otherwise of hariot custome where the Lord grants over the land 14 H. 4. f. 8. and 8 H. 7.11 Note that hariot is due immediately after the death of the Tenant Trespasse the Defendant as Lord may justifie taking of hariot within his Fee or if the taking were out it is good and the conveying it out is to no purpose but that the Lord may seise hariot out of his Lordship for it is not in case of the Statute where the Lord distraines within his fee for his services 19 R. 2. Fitzh 5. The Lord may seise Hariot which is the best Beast that his Tenant hath which held of him by hariot though they be in some place out of his Mannor for that that it is certaine 6 Ed. 3. Fitzh 4. If one which holds by hariot service to pay the best Beast dies and hath a Cow at the time of his death which is the best though that the Executors sell that the Lord may seise that in the hands of him to whom shee is sold if the Sale be not in an open Market and not there if without fraud 16 Ed. 3. Fitzh 2. By the custome of some Mannor and of most Mannors the Lord shall have only one hariot upon the dying seised of his copy-holder and discent and not upon every surrender But by the custome of some Mannor hariot is due upon every surrender for life in taile or in Fee as well as upon discent and that in nature of a hariot custome at the Common Law and by the custome of divers Mannors the Lord hath no hariot of some of his Tenants within the Mannor and of some he hath The Lord may seise for hariot custome the hariot and is to seise that of the Goods of the dead and for hariot service to distraine upon the land If a Copy-holder of Inheritance of lands hariotable lying in extreamity upon his bed surrender into the hands of two Tenants to the use of his eldest Son in Fee and dies before that surrender be presented in the Court the Lord shall have hariot but if this surrender had been presented in Court and the eldest Son had been aâ—â—â—ted accordingly and after the Father had dyed there the Lord shall have no hariot unlesse it be hariot custome due to him onely by custome upon every alteration and exchange of Tenant for life and in Fee The same Law is if the Father copy-holder of Land hariotable surrencer in the Lords Court to the use of himself for life of the Son of his Daughter for life and after to the use of the Son of his Daughter and to the Heires of the Son and they are admitted accordingly and after the Father dies the Lord shal not have hariot unlesse it be hariot by custome due upon every Estate for life in tail and fee upon every surrender which is due by the custome but in this case if the hariot were due by the death of his Tenants and discends to the heire only then the Lord shall not have the hariot If the Father being a Copy-holder of Inheritance or by the custome the Lord is to have Hariot upon every discent only and he lying in extreames surrenders into the hands of the Steward to the use of his eldest Son and his heirs and dies and after that surrender is presented in Court and he is admitted accordingly it seems that the Lord there shall have a hariot But if the Father being Copy-holder of Inheritance or by the custome the Lord having Hariot upon every discent only surrender in full Court to the use of his eldest Son and his heirs and the eldest Son is admitted accordingly and after the Father dies there the Lord shall have no Hariot So it seems if in this case the Father surrender to the use of himselfe for life the remainder to the use of his eldest Son and his heires and they both are admitted accordingly and after the Father dies there the Lord shall not have hariot 34 Ed. 3. Statham If my Tenant which holds of me by a hariot alien parcell of that land to another every of them is charged to me of a hariot for that it is intire and though the Tenant purchase the land again yet if I be seised of a hariot by another man I shall have of him for every portion a hariot and that by the opinion of Wilby and Sharde 4 Ed. 3. Statham Tit. Avowrie one avowes for hariot Plaintiff demands Judgement for that he doth not allead â—â—eisin of the hariot and it seemes of hariot custome he need not to alleadge Seisin but otherwise it is of hariot service 6 Ed. 3. Statham Tit. avowrie if one avow for hariot custome he shall recite the custome in his Avowrie 24 Ed. 3. Statham
himselfe and partakers and let them contribute the same Law is of Joynt-Tenants Marlb chap. 9. Fitzh 162. C. Where two Coparceners make partition and one aliens her part to one and the other heâ— part to another the Lord may distraine which he pleaseth but if one make the suit that shall discharge the other 24 Ed. 3. Tit. Br. 4. By Tremaile it is said that suit reall is due by reason of the Body that is for that that the Body is resident within the precinct and not by reason of Free-hold and this is due at the Courts Royall as at the Courts of the King or Queen as at Leets and VVapontakes which are the Courts of the King or Queen and suit service is by reason of Free-hold that is by reason of their Tenure that is for that they hold of their Lord by suit to his Court 45 Ed. 3. f. 23. If a man have lands within the Precinct of divers Leets and be resident within only one he oweth Suit but to that and if he be distrained to come to another Leet he shall have a speciall Writ that he shall not distraine him and that is by Marlebridge chap. 10. Fitzh f. 160. B. If there be three or foure Coparceners and the eldest makes the Suit shee shall have a Contributione facienda Rastall County 2. against the others to be Contributaries the same Law is where one Joynt-Tenant makes the Suit for all by agreement Fitzh f. 162. C. and 1 H. 4. f. 3. A. If there be two Coparceners for which one Suit ought to be made and the eldest Sister will not make the Suit then the Lord may distraine the other Coparcener as well as the eldest and then she shall have a Writ against the eldest Sister to compell her to make the Suit Fitzh f 159. E. Fitzh 159. C. If lands discend to many Coparceners of which one Suit ought to be made if the Land be held of the King then all the Coparceners ought to make the Suit as well after partition as before during the time that one is in the Kings Ward The Signiory is suspended of another Lord which cannot distraine And so during the time cannot distraine for Suit to the Lords Court 13 H. 7. f. 15. Fitzh f. 158. C. Fitzh 158. Where the Tenant holds his Land to make Suit to the County-Court or to the Hundred or other Court-baron wapontake or Leet and he that ought to make the Suit is in ward to the King or to his Committee his Guardian shall have a Writ De exoneratione Secte if he be distrained Fitzh 157. a. And if he do the King or the Committee shall have a Writ of Exoneratione secte to surcease Fatzh 157. A. and 2 Ed. 6. chap. 8. Doth not alter in the common Law in this point for suit to the Court 4 Ed. 4. f. 23. and see 20 Book Ass 17. that the Signiory is suspended for the time Where one in ward of the King and oweth suit to another Lord which distraines him the King or his Committee may have a VVrit of Exoneratione secte during the time that he is in ward Fitzh 158. a. If the King hath Lands by Forfeiture or by Escheat and lets them for life or at will and the Lord of whom they are held will distraine for suit to his Court the Lessee shall have a speciall VVrit to surcease Fitzh f. 159. A. If Lands held of the King discends to many Coparceners then all the Coparceners ought to make the Suit as well after partition as before Fitzh f. 159. C. If Tenant of the King alien parcell of the Land held of him yet the King or his Officers may distraine one of the Tenants for all the Rent for though West 3. chap. 3. be that the Feoffee shall hold for that part that the Statute shall not binde the King but another person cannot distraine but for the rate Fitzh f. 335. a. But I say if one holds two Acres by suit of Court and aliens one Acre the Feostor and Feoffee shall make both suites 43 Ed. 3. f. 4. b. If two are severally infeoffed by one Tenant which holds of one Mannor of the King every of them shall make suit 45 Ed. 3. Tit. Barr 211. Suit by two is not severable for if the Lord purchase parcell the whole suit is extinct by Mowbray 40 Ed. 3. fol. 40. fee Littleton fol. 49. for suit cannot be apportioned for that that there cannot be contribution for the Lord cannot c. VVhere one holds forty Acres by Fealty and Rent and the Lord purchase twenty Acres of that the Rentin Assise shall be apportioned 4 Book of Ass 5.3 Book of Ass 18. Littleton f. 49. Time of Ed. 1. Tit. Avowrie 226. VVhere ten Acres are held by Fealty and Rent and these ten Acres come into severall hands the Lord may distraine every one but for his portion by West 3. chap. 3. for that is there shall depart from the cheife Lord that part of the service to be taken by the hands of the Feoffee according to the quantity of the Land Rent service shall be according to the value of the land purchased and not according to the quantity 18 E. 2. tit Rastall Attorney 4. Avowrie 218. Lord and Tenant and is seised of two Courts that is one in D. and another in S. and the Tenant holds of the Mannor of D. by suite to this Court and by agreement of the Lord the Tenant makes his suit to the Mannor of S. aster that the Tenant cannot have against the form of the Feoffment and disagree but the Lord may disagree and distraine him to come to his Court of D. againe when he pleaseth though it be that he hath come to S. by the agreement by forty yeares or more Nat. Bre. 106. 3 Ed. 3. Tit. Action upon the case 24. Partition is between two Coparceners of a Mannor that is that one shall have the Demesnes and the other the Services Suit of Court is suspended but if one dies without Issue the suit is revived 12 H. 4. f. 25. If land be held by suit and parcell of that comes to the Lord the intire suit is extinct and determined for the Lord cannot make contribution of suit to his own Court nor take that 34 Ass 15. Rastall Attorney 1. Every Free-man freely may make an Attorney to follow his suits for him to his Lords Court Merton chap. 10. and Fitzh f. 156. E. Contra formam Feoffamenti lies Where a man infeoffs another before the Statute of Qua emptores terrarum to hold of him by Homage Fealty and Rent by Deed and after he will distraine for suit or other services to be made by him and none shall have this Writ but the Feoffee or his heires Fitzh 162. E. Nat. Bre. f. 106. If the Lord confirm the Estate of his Tenant to hold by certaine service the Tenant shall have a contra formam Feoffamenti upon this confirmation 10 H. 3. tit avowrie
he hath brought action against his Villaine for he cannot otherwise come to the Land 24 Edw. 3. fol. 187. If in an action a Villain imparle with his Lord or hath a day by Prece partium he is infranchised 9 H. 6. f. the last and 22 Ed. 4. f. 36. the same If the Lord suffer his Villaine to be made a Knight it is an infranchisement Britton f. 79. If the Lord infcoffs his Villaine it is an infranchisement for ever 12 H. 3. tit 42. If the Plaintiff in a Writ of Neife be non-suited he shall not have again in his life time any other Nativo habendo but the Villaine by that is infranchised during her life time 6 Ed. 2. tit Villainage 26. See 19 Edw. 2. Tit. 31. If the Lord make to his Villaine an obligation or grant to him an anuity or let to him by Deed for yeares or make to him a Feoffment and Livery and seisin he is infranchised otherwise it â—s if he makes to him a Lease at will or a Feoffment and no Livery Littleton fol. 45. By Wilby if the Lord infeoffs his Villaine without Deed he is not infranchised 24 Ed. 3. tit 32. Villaine to two Coparceners he marries one of them yet he is not infranchised against the other coparcener Fitzh f. 197. N. If a Copy-hold escheat or come to the Lord by forfeiture and the Lord grants that over by Copy to J. S. his Villaine and to his heires to hold at the will of the Lord according to the custome of the Mannor by the services due and used to be paid this is an infranchisement but if a Copy-holder surrender into the hands of the Lord to the use of J.S. the Lords Villaine and to his heires and the Lord by his Steward grant to him Seisin by the rod accordingly this is no infranchisement How the Lord may take advantage of things which he hath by his Villaine by act of his Villaine MAnnor to which a Villaine is regardant is let to one for life and the Villaine purchase in fee the Tenant for life enters he shall have lands to him and to his heires for ever Perk. f. 20. If a Villaine be granted to one for Life and the Villaine purchase in fee the Lessee enters he shall have Fee but if the Lord be Lessee for life and the Tenancy escheat he shall not have that but for life Doctor and Student fol. 90. If Lessee for yeares of a Mannor to which a Villaine is regardant dies and the Villaine purchase Lands and the Executor of the Lessee enter he shall have the Land in fee but it shall be to the use of the Testator Doctor and Student f. 90 Where a Parson hath a Villaine which purchases lands and the Parson enters he shall not have that to the use of himself but in the right of his Church 32 H. 8. tit Villainage 46. Where a Villaine is infeoffed with warranty the Lord may rebut by that if it were discended in possession of the Villaine but not vouch to have in value 18 Ed. 3. f. 29. 22 Book of Ass 37. If a Villaine and his Wife purchase joyntly in Fee and the Lord enters in the half as he may he shall have it but if he do not enter but the Husband dies the wife shall have all by the Survivor and the Lord hath lost his advantage to have the moity A bridg of ass fol. 37.40 assis 7. If a Villain be bound in a statute and before the day incurred his Lord enters the Lord shall have such advantage that execution shall not be sued against him 18. Ed. 3. Tit. Execution Statham If my villain purchase Land and I seise it and the villain dies yet the wife of the villain shall be endowed by Herl 13. Ed. 3.74 Statham 19. Ed. 2. Waste And in so much that you ought to inquire if any Farmer which hath part of the Demesnes of your Lordship hath made wast or any Copy-holder unlesse by the Custom of the Mannor he may make wast if any of them have made wast or not First let us see what is wast in Land and to be punished and what not IT is not wast to suffer the arable Land to lie fresh so that it is full of thorns Fitz. fol. 59. N. 2. H. 6. fol. 11. To suffer a Meadow to be drowned which is rushie or little worth or arable land to be drowned that nothing remains but tough Clay this is wast 20. H. 6. fol. 1. 15. H. 3. Tit. 131. Wast was brought for making meadow arable by Plowd 2. and it seems it lies If a Farmer plough meadow it is wast Fitzh fol. 59. N. and 15. H. 3. tit 131. the same 12. H. 8. If a Farmer do not repair banks of his Land in Lease by which the Land is drowned or if he dig for Copper or Stone or Coals it is wast Fitzh fol. 59. N. 20. H. 6. fol. 1. Wast lies against a Farmer for fish in a Poole 6. R. 2. Statham If there be a Myne in the Land if the Farmer dig the Land and take it it is wast 9. Ed. 4. fol. 35. B. Raising up a Furnace fixed is wast 42. Ed. 3. fol. 6. What is wast in houses to be punished and what not IF a house be uncovered by suddain tempest it is not wast but if the Lessee suffer that to be uncovered that the timber rot it is wast and if the house fall by suddain tempest it is no wast 12. H. 4. fol. 4.33 H. 6. Tit. 155. B. By Danby and Choke If strangers enemies of the King destroy a house or that it be blowen down by suddain tempest wast lies not contrary where it was by enemies traitors subjects 12. H 8. fol. 1. See the time of Ed. 1. tit 123. where it was burnt by I. S. his Neighbour by mischance It seems that not covering of a house is no wast till the great beam of that is rotten 10 H. 7. fol. 2. B. It seems wast may be assigned in breaking a stone-wall and also in a mud-wall for that it is fixt to the free-hold But the Lessee may plead that the lessor licensed him to break it down and this is a good barre And adjudged that if a house be not covered at the time of the Lease made the Lesse is not bound to cover that and also if a house were curious at the time of the Lease made that is a good barr to plead in wast 10 H. 7. fol. 2. B. 40 assis 22. the same and 10 H. 7. fol. 5. the same where a house falls by tempest though the lessee Covenant to repair it he may plead in barr in a writ of wast that it fell by tempest though he cannot plead it in a writ of Covenant 40. Ed. 3. fol. 6. If a Farmer build a house where there was none before the Lease and suffers that to decay it is wast 11 Ed. 2. Statham 12 H. 4. fol. 6. the same 42 Ed. 3. fol. 21. the
such a Ship The Defendant at London assumed for ten pounds that if the Ship and Goods did not come safe to London and are there landed that then he would satisfie a hundred pounds to the Plaintiff and that afterwards the Ship was robbed upon Trade on the Sea and for not satisfaction he brought his Action the Plaintiff doth not shew where he was possessed and yet good and the truth was that the Bargain was beyond Sea and not in London But where the place is not local it is not material and though he were robbed upon the main Sea the Action lies in London upon the Assumpsit See after fol. 1. 19 H. 6. f. 49. Action upon the Case that the Defendant at London took upon him to cure his Horse and that carelesly he gave him a Medicine that the Horse died the Defendant saith that at Oxford in the County of Oxford he took to cure his Horse which saith without that that he undertook at London and held a good Plea 3 H. 4. f. 4. Deceit in Land of that that the Defendant there did undertake that the Lord should cause him to have certain Copy-hold of the Mannour of D. in the County of Middlesex and he assured that to others and saith that he might be sued where the Assumpsit was or where the Land is Inquire 11 H. 4. fol. 4. Trespasse by Executors in Middlesex of Money taken in the life of the Testator the Defendant saith that the Testator was indebted unto him and delivered that to him in London in the name of Payment c. and it is no Answer to the Trespasse in Middlesex but he should say without that that you took it in Middlesex as the Plaintiff suppose and is good 7 H. 6. f. 37. 22 Ed. 4. f. 38. the same 4 H. 6. fol. 12. Trespasse of a Close broken in D. Defendant justifies in S. for Common appendant and ought to traverse without that that he is culpable in D. 22 H. 6. fol. 40. 9 H. 6. f. 62. Trespasse of digging a Turbary in D. in the County of Middlesex he cannot justifie in the County of Essex without that that he is guilty in the County of Middlesex for he may plead not guilty if it be in another County but in Trespasse local in D. the Defendant may justifie in S. in the same County without that that he is guilty in D. but in Trespasse transitory in D. Defendant cannot justifie in S. in the same County without that that he is culpable in D. yet in Trespasse of Battery or Trespasse of Goods taken in D. in the County of Middlesex and Defendant justifies in S. in the County of Essex without that that he is culpable in D. in the County of Middlesex 5 H. 4. f. 2. 10 H. 7. f. 27. 11 H. 6. f. 20. 5 H. 4. f. 3. Trespasse of Sheep taken at D. in the County of Hartford the Defendant justifies the taking in Smithfield in London doing Damage he ought to say without that that he took them at D. in the County of Hartford 6 R. 2. chap. 2. That Writs of Debt and Account and all such whatsoever hereafter shall be taken in their Counties and it is ordained that if hereafter it be declared the Contract thereof to be made in another County that then incontinently that Writ shall be quasht 9 Ed. 4. fol. 48. By Needham a man cannot plead in Abatement of a Writ and say the Contract was made in another County for the Statute is not intended but where it appears by the Writ that the Contract was made in another County but before this time they have used to make Examination where the Contract was made and upon that abate the Writ if it were in another County but this not used now See 3 H. 6. Tit. 30. Examination fol. 36. 18 Ed. 4. fol. 1. Nusance that a Mill was erected in D. in the County of Kent the Defendant saith that he and all his Ancestors have been seised of a Mill in the County of Essex and the Mill fell by Tempest and he built it without that that he is guilty of any Annoyance in D. in the County of Kent and doth not traverse all the County and yet good by the whole Court for that that the thing is local and annexed to Free-hold and contrary of beating or Goods carried away which may be continued and is transitory 21 H. 6. f. 11. 2 M. Tit. 283. Traverse by without that of Trespasse of Battery or Goods carried out it is transitory and is not local as of Trees cut and Grasse mowed and therefore in Trespasse transitory the place shall not make Issue and is not traversable no more then in Trespasse upon the Case upon an Assumption and these may be continued contrary of Trespasse local See after Title Vill. 34 M. Tit. 268. Traverse by without that Action for making false Cloth in Bartholomew Fair London against the Statute Defendant saith that he made them well and truly in D. in the County of E. without that that he made them in Bartholomew Fair London as c. and it is good 22 Ed. 4. f. 38. the same verbatim Bargains and Contracts For that your Actions of Debt are in Court Barons of Bargains and Contracts it is convenient to speak something of Bargains and Contracts and where the Cause or Duty is traversable and where otherwise adiudged what is a good Plea and what Pleas he shall not have for that he may wage his Law DEbt of that that he let one Chamber and Board for his Wife and Son for every Week six shillings it is a good Plea to say that he did not let the Chamber for he destroys the Contract in part and it is intire 9 Ed. 4. fol. 1. 21 Ed. 4. f. 26. If the Plaintiff sell two Horses for forty shillings and counts in Debt that the Defendant bought a Horse for forty shillings the Defendant may say that he owes him nothing in manner and form or vary from the Contract and the Jury upon pain of Attaint ought to finde for the Defendant the same Law is if he sell one Horse and counts that he bought two Horses for forty shillings or if he sell a Horfe for forty shillings and count that he bought an Oxe for forty shillings upon pleading that he oweth him nothing in manner and forme this is material to aid the Defendant 3 H. 6. fol. 51. Debt and counts for Tallow bought for forty shillings the Defendant saith that he bought the Tallow for three shillings and four pence which he is ready to pay and to the remnant wages his Law and had it 14 H. 8. fol. 17. If I sell Goods for so much as J. S. shall say it is no Bargain forthwith and yet if he sell them to another before J.S. saith what he shall pay Action upon the Case it seems lies 14 H. 8. fol. 20. If Lessee for years grant his Interest to one upon Condition that he
Dover is a Tenure in cheif See Littleton 23. See 5 Ed. 4. f. 127. 19 R. 2. Tit. 185. Guard F. Keeper of a Castle in England is Knights Service for it countervailes Escuage and is of the same nature 8 H. 7. fol. 12. If I hold of the King and he grants the same Service to me yet I shall hold of the King for all is held of the King mediately or immediately Magna Charta chap. 20. See there for keeping of a Castle 38 H. 8. Tit. 60. B. Livery where the Heir was in Ward to the King and come to full age there he shall sue Livery out of the Kings hands and the first Seisin is where the Heir is of full age at time of the Death of his Ancestor and where his Tenant holds in Socage in cheif and dies 10 H. 7. f. 23. If one hold of the King to inclose a Park he may by his Grant after reserve for that six Marks and the King is not bound by the Statute of Westminster the third It is held 21 Ed. 3. fol. 41. The King gives the honour of Barkhamsted to the Prince and his Heirs Kings of England and so it seems that Lands held of that Honour seems to be held in cheif yet Magna Charta is that Honour is not properly in cheif 26 H. 8. fol. 10. By Fitzh Lands in the County Palatine of Lancaster held of the Dutchy the King there hath kingly Rights and there Livery shall be sued 17 H. 8. fol. 31. Tenant of the King in cheif makes a Gift in Tail without licence the King may choose the Donee or Donor for his Tenant And if Tenant of the King before the Statute of We m. 3. make a Feoffment the King may choose the Feoffee or Feoffor for his Tenant 4 H. 6. f. 19. 33 H. 8 Tit. 94. B. in the Exchequer 3 Ed. 3. Rot. 2. It was found that a man held of the King in cheif as of his Honour of Raleigh and it was taken no Tenure in cheif but a Tenure of an Honour otherwise it is if the Honour be annexed to the Crown for then the Honour is in cheif And in the year 11 H. 7. The Honour of Raleigh was annexed to the Crown and so it is in cheif But where the King gives Lands to be held of him by Fealty and two pence for all Services that is Socage in cheif for it is of the Kings person and contrary if it were to be held of the Mannour of B. 24 Ed. 3. Tit. 19. He which holds of the King by Service to finde a Man to serve in the War by forty Dayes at his own Charge this is great Serjeanty Tit. 69. Br. That a Tenure to finde one Horse and such like is but small Serjeanty for it is not corporal Service 44 Ed. 3. f. 45. The King gives the Fee-farm of a Town that is such a Rent to be held for term of life and after confirmes to him and to his Heirs to be held by the Services due and this is held Knights Service of the King for the most high and better shall be taken for the King and by Fitzh 263. B. it appears that Rent may be held of the King by Knights Service in cheif as well as Land c. 10 H. 6. f. 12. Rent lies in Tenure of the King 14 H. 6. f. 12. If the King grant Land to me in Fee to be held as freely as the King is in his Crown yet I shall hold of the King and if I alien without licence I shall make Fine for this is vested in the King by his Prerogative and shall not pass out of his Person by general words by Paston in the end of the Case 45 Ed. 3. fol. 6. By Finchden if my Tenant infeoff the King and takes back of the King to hold of the King yet he is my Tenant in right and shall hold of the King also But inquire of the Tenure of me for the Tenure was once extinct by the Kings Possession 29 H. 8. Tit. 61. B. If the King purchase a Mannour which J. S. holds the Tenant shall hold as he held before and he shall not render Livery nor first Seisin and he shall not hold in cheif and it is said if the King grant the Mannour to W. N. in Fee except the Services of J.S. Now J.S. holds of the King as of the Person of the King and yet he doth not hold in cheif but as he held before for the act of the King shall not prejudice the Tenant 31 H. 8. Tit. 70. B. Lord and Tenant the Tenant is attaint of Treason by Act of Parliament and so forfeits all his Lands and after is pardoned and restored by another Act of Parliament to have to him and his Heirs as if no such Attainder or former Act had been now he shall hold of a common person as before and yet once the Tenure was extinct 3 H. 3. Tit. 94. B. Where the King gives Lands to be held of him by Fealty and twelve pence for all Services this is Socage in cheif for it is of the Kings person 23 H. 3. Tit. 148. Guard F. If a man holds of the King to go with him in the Army against Scotland in the Vanguard and in his Return in the Rereward and so if he hold to give to the King Hornegild which is said Cornage it is great Serjeanty 38 H. 8. Tit. Livery 60. The Heir of him which holds of the King in cheif in Socage shall not pay first Seisin to the King for all his Lands but onely for those Lands held in Socage in cheif contrary of him which holds in Knights Service in cheif and where he holds in Socage in cheif the other Lord shall have Ouster le main with Issues 2 Ed. 4. fol. 6. Land is given in Tail to be held of the cheif Lords these words to be held c. are void and he shall hold of the Giver Where there is Lord and Tenant if the Tenant be disseised and the Disseisor dieth seised and his Heir is in by Discent the Lord ought to advow upon him but if there be Lord and Tenant and the Tenant infcoffs another which doth not give notice to the Lord now the Lord during the life of the Feoffor may take him for his Tenant or the Feoffee at his pleasure 4 H. 6. f. 19. 3. Book of Assise 8. Lands is given in Tail without saying of whom to hold the Donee shall hold of the Giver and if a man before the Statute of Quia Emptores give in Fee without saying of whom to hold the Feoffee shall hold of the Feoffor Littleton f. 5. 16 Ed. 3. Statham fol. 23. If Lands be given in Tail to be held of the Lord this to be held is void and the Lord ought to avow upon the Feoffor 5 H. 7. fol. 35. Mesnalty lies in Tenure by a Mesne contrary of an Advowson appendant 1 H. 4. f. 1. the same 33 H. 6. f. 34.
of parcell the Lord may distraine in this parcell so aliened and also in this part which remaines in the possession of the Tenant 11 H. 7. fol. 12. Feosment before the Statute or a gift in taile to make a thing to himself or to another for common wealth is good as to make a Beacon or a Bridge but to ride with a stranger is not good Fitzh 1. L. To hold of us by free service to finde for us together with his partners Five ships for our passage at our command for all Services it seems to be Socage tenure Fitzherb 83. C. E. A Writ de Scutgio habendo lyeth when one holds by Knights Service and the King goes in avoyage into the VVarr in his proper person or his Leife-Tenant against the Scots and none shall pay Escuage but those which hold to go into the VVarr and not he that holds by Cornage nor by keeping a Castle Littleton 18. and Littleton the 19. One may distrain for Escuage or have a VVrit De scutagio habendo Fitzh 135. a. If one hold twenty Acres by twenty shillings of the King and aliens a parcell yet the King or his Officer may distraine one of the Tenants for all and is not bound by the Statute to distraine for that parcell but otherwise it is of a common person for if he distraine one for all he shall have a Writ to be discharged for a ratable proportion But in case the king or his Tenant aliens part the Alienee makes Fine to the king for this Alienation It seemes reasonable if he be distrained for all the Rent he shall have a Writ to be disburdened for a rateable proportion against the kings Officer which distrains Westm 3. That the Feoffee of part shall hold for that particular part according to the quantity of the Land so sold c. Where by 27 H. 8. chap. 27. It was Enacted That the king shall have to him and his heires all Monasteries of Monks Channons and Nunns which had not Lands Tenements Rents c above the value of two hundred pounds And also all Monasteries which have been granted to the king within a yeare next before this Statute by the Abbots or Priors under their Seale or which have been otherwise suppressed or dissolved yet in this Act is a saving to the Lords Rents profits services and commodities as they before have had them So that of these Monasteries the Rents and Services of the Lords are not gone by this Act where such Abbies hold Land of any Lord but are saved to them But By 31 H. 8. chap. 13. The King is vested deemed and adjudged in actuall and reall Seisin and possession as well of the Monasteries dissolved by 27 H. 8. as of all others and in this statute is a saving to every person all their Right Title Claim Interest Possession Rents Charge Annuities Leases Offices Commons Synods c. and other Profits in the Premises or any part of that as if this Act had not been made Rents services Rents seck and all other service and suits onely except so by this statute the Rents and services of the Lords are gone 1 Ed. 6. chap. 14. which gives Chanteries c. to the King in this is a Proviso that every one which before that Act lawfully without Covin or fraud hath any manner of Rent or any yearly profit to be taken of Chantries Colledges free Chappell 's and other the Premises in like manner and form as they ought to have if the Chantries c. had been in being so that the Lords of those shall not loose their Rents 2 and 3 Ed. 6. Chap. 8. It is enacted that where by office found the King is intituled to Lands or Tenements in which others have Copihold Rent common Office Fee or other Profit to take for life or for years not found in the same that they shall enjoy the same Interest by Copy Rent common Office Fee or other Profits to be taken as if the same had been found by Office and provides that if one be found within age or of lesse age then he is that at his full age or after he may have Aetate probanda or sue Livery or Ouâ—ter le main as his Case lies and provides that where it is falsely found by Office that any Attaint of Treason or Felony is seised of any Lands or Tenements whereof another hath just Title or Interest of an Estate of Freehold that he shall have Traverse or Monstrans of Right to the same without being put to his Petition And provides where it is found of what man or of whom the Tenements are held the Jury is altogether ignorant it shall not be taken for a Tenure in Cheif but there shall be a better Inquiry awarded 37. H. 8. Chap. 20. It is enacted that where by 35 H. 8. chap. 14. Houses not being Princely houses of the King having Lands not above forty shillings that is were granted by the King and Tenure by Fealty to the King and not in Chief is Socage and that extends to all Letters Patents made within five years after the Statute Littleton fol. 23. If a man hold his Land by paying certain Rent to his Lord for keeping a Castle such Tenure is Tenure in Socage but where the Tenant ought by himself or by other make the keeping of a Castle such Tenure is Tenure by Knights Service so by Littleton Escuage to go of a voyage Royall c. and to keep a Castle or the doore thereof c. and to hold by Cornage that is to hold to make Service by the body of a man these are Knights Service and to hold to pay Rent is Socage for payment by him is Socage View Where one shall have View of Land in a Writ or Plaint in nature of a Writ of Land and where not THe View is not to be granted but where it is necessary and if any Writ abate by a dilatory exception after the View as by non-tenure ill naming the Town or such like he shall not have the View in the second Writ which issueth also in a Writ of Dower where her Husband hath aliened to the Tenant or his Ancestors although the Husband died not seised the Tenant shall not have the View and also in a dum suit infra aetatem not of a right mind and such like the View shall not be granted West 2. Chap. 48. 1 H. 5. fol. 11. upon the Resummons of Dower the Tenant demanded the View the Demandant saith her Husband died seised by which Judgement and prayed that he be outed and he was outed by a Ward 5 H. 5. f. 4.9 H. 5. fol. 4. f. 9. 9. Ed. 4. fol. 6. Dower the Tenant demands the View and held where the Husband aliens the View is outed by the Statute 2 H. 4. fol. 2. Dower the Tenant hath the View notwithstanding that he disseised the Husband See 7 Ed. 4. fol. 19. 11 H. 4. fol. 38. Dower the Husband did not die seised
the said Queen now the fourth by force and armes the Close of the said J. R. at D. broke and his Grasse to the value c. there late growing walking with his Feet there trod down and consumed and other Injuries c. to the great losse c. and against the Peace c. whereof he saith he is made worse and damnified to the value c. And the said T. in his proper person came and defended the force and Injury when c. and saith that he in nothing is guilty of the Trespasse aforesaid as the aforesaid J. above complaines against him and of this puts himself upon the Countrey the aforesaid Plaintiff likewise c. Entry of the great Cape A. VVhich was the VVise of C. J. by A B. her Attorney offered her self to this Court against T. J. of a Plea of the third part of a House and twenty Acres of Land with the Appurtenances in J. which the same A. in this Court claimes as her Dowry of the Gift of the aforesaid I. C. in times past her Husband for that the Tenements aforesaid are within this Lordship and the VVomen which after the Death of their Husbands of Tenements in J. aforesaid being dowable according to the Custome of the said Mannour time out of minde used of the third part thereof ought to be endowed c. and they came not and summoned c. therefore by the Judgement the third part of the aforesaid with the Appurtenances should be taken into the Lords hands c. and day c. they should be summoned that they be here at the next Court c. Precept of the great Cape J.K. Steward to the Bailiff thereof health take into the Lords hands by the view of good and lawfull men of this Mannour the third part of one House and twenty Acres of Land with the Appurtenances in I. which A. I. this Court c. doth claim against T. I. late of I. as the Dower of the said A. of the Gift of the aforesaid C. I. in time past her Husband by a VVrit of Dower whereof she hath nothing by the default of 〈◊〉 said T. and the same taking certifie me of and summon by good Summoners the aforesaid T. that he be here at the next Court there to answer and to shew why he was not here at the last Court as he was summoned and have here the names of those by whom c. you made the Summons witnesse c Entry of a small Cape T.Q. Esquire and I. his VVife by their Attorney offered themselves the fourth day against A. B. of I. and A. his VVife of a plea of the third part of eight Messuages and eighty Virges of Land with the Appurtenances in I. which the aforesaid T. and I. in this Court claim as the Dower of the said I. of the Gift of G. S. in time past her Husband against them and they did not come and had from thence day untill this day that is to say the tenth day c. after other they appeared here in Court therefore by the Judgement the third part with the Appurtenances should be taken into the hands of the Lord and they summoned c. that they be here in the day c. to hear their Judgement c. Precipe of Summons upon a right Patent c. J.K. Steward to the Bailiff of the Mannour aforesaid health c. I. S. complaines against I. D. in a plea of Land and makes Protestation to follow the Suit in the nature of a VVrit of our Lord the Kings of a right Patent and therefore I command you that according to the Custome of this Mannour you shall summon by good Summonitors the aforesaid I. D. to be here at the next Court here to be held such a day to answer in the Plea aforesaid and have there this Precept and how c. dated c. Precept upon Assise of Mortdancester J.K. Steward to the Bailiff of the Mannour aforesaid health because I. S. complaines as above therefore I command you that yâ—â— summon by good Summons 12. free and lawfull men Tenants of the foresaid Mannour that they before me the aforesaid Steward at the next Court there to be held that is to say the Tuesday 19. day of September next coming at the hour of eight before noon of the same day ready by their Oath to know if T. S. Father of the said J.S. was seised in his Demesne as of Fee of two Houses and with the Appurtenances in D. within the Jurisdiction of this Court the Day that he died and if he died within forty years now last past and if the said J.S. be his next Heir and in the mean time let them view the said two Houses and make their names to be entered and summon by good Summoners the aforesaid J. and D. which now hold the aforesaid Houses and Lands that then they be there to hear that Return and have here the Summons and this Precept Dated c. under my Seal c. To make to have Possession J.K. Steward to the Bailiff thereof health know that A. B. in the Court held such a Day by the consideration of the said Court recovered his Seisin against B. of eight Acres of Land with the Appurtenances in J. by Default of the aforesaid B. and therefore I command you that to the said A.B. you shall give a full Seisin of the Tenements aforesaid with the Appurtenances without delay and have there this Precept and how c. Dated c. the Day c. Small Cape J.K. Steward to the Bailiff thereof health we command you that you take into the hands of the Lord by the view of good and lawfull men of this Mannour one House with the Appurtenances which A.B. in this Court claimes as his right against B. R. by Complaint of a Formedon in Remainder for Default of the said B. and make known the Day of the taking to me at the next Court and summon the said B. R. that he be before c. such a Day there to answer and to shew why he was not in this Court before c. such a Day last past as he was summoned and have there this Precept and how c. Dated c. The Returne of Writs newly corrected With divers other good Returns and many Cases of the Common Law to that added very necessary and profitable as well to young Students of the Law as to Sheriffs Coroners and others which are to make Returns of Writs for the better understanding of the Law in the said Returns Proces in the Court Hundred Court Baron c. Pleg de prosequendo J.D.R.F. THe within named H. E. is attached by Sureties N. F. R. D. J.D. Knight Sheriff The within named J. H. hath nothing in my Bailiwick by which he may be attached Note that every Pone is but a Summons By vertue of this VVrit to me directed Pone upon a Repleg I have put before the Justices of the
his life in safety And for that that the Law is so necessary Now let us see when and how these Courts Leets and Court Barons began Fineux The beginning of these Courts Leets ordained 12. H. 7. fol. 18. saith That at the beginning all the administration of Justice was in the Crowne and where the King was there was the Law administred Then afterward for the multiplicity of the people was the Court Leet for punishment of offences and annoyances to the Common-wealth within the Precinct of that and the Articles and paines are ordained to that end and it is called The view of franke pledge for that the King there may be certified by the view of the Steward how many people are within every Leet and also to have account and view by the Steward of their good government and manners in every Leet And also the Leet was ordained to have every person of the age of twelve years which had remained there by a yeare and a day to be sworne to be faithfull and loyall to the King and also for that that the people there might be kept in peace and obedience these Courts Leets were ordained And Court-Barons were ordained to determine Injuries Court-barons ordained Trespasses Debts and other actions as afterwards it appeareth where the debt or the dammages are under forty shillings And also for that that the Lords of the Mannors and Court-Barons have given their Tenants their Lands and Tenements before the Statute of Westm the third to hold of them for that also Homagers of Court ought to inquire in this Court that their Lords shall not loose their Services Customes nor duties And also it was ordained to make their Suites there and so to shew them obedient to their Lords and that nothing be made within the Mannor to be an annoyance or hurtfull to the Inheritances of the Lords of the Mannors which should not there be inquired of and presented for the Lords of the Mannors as afterward by the Articles more plainely appeares And so now you see here breifly that the Realm cannot be governed without a King and that the King for that cause is appointed of God and that the King governe by the Law Roy Ley. and cannot governe his people without Law and also you have heard how ancient and how necessary these two Courts are for governance of the People And now for that these Courts are held within Mannors and that a Court-Baron is incident to a Mannor It is fit to know how Mannors did begin and within what Mannors Court-Barons are held and in what not Parkins fol. 127. saith That the beginning of Mannors was when the King gave a thousand Acres of Land or a greater or lesser parcel to one and his heires to hold of him and his heirs and before the St. of Quia emptores terrarum because buyers of Land one seised of Lands did infeoffe one of ten Acres another of twelve Acres and the third of twenty Acres every one of them to make service unto him and so by continuance of time out of minde c. he had a Mannor Also in the 33. yeare of H. 8. Comprize c. 31. Plow fol. 169. a. A man cannot make a Mannor at this day for notwithstanding that a gift in taile be made to diverse to hold of the giver by Services and Suit of Court though by that there be a tenure yet it cannot make a Court for that cannot be but by Prescription And if a Mannor be and all the Freeholders but one Escheate Mannors cannot be without Court Baron or if the Lord purchase them it is no Mannor and there cannot be a Court-Baron without Sutors and not with one Suitor onely 35. H. 8. Tenures 102. 23. H. 8. Court-Baron 22. Suit 17. Fitzherbert 3. C. If one hold of another as of a Signiory Ingrosse which is not a Mannor he hath no Court Baron Fitzherbert 8. b. Where a man giveth all his Land in Taile there is a Signiorie Ingrosse and he shall have no Court but if he were seised of a Mannor and give parcell of the Demesnes in taile it is otherwise 22. H. 6. Title 2. Services is parcell of a Mannor but not the Land of the Mannor unlesse it be Copihold for if a man hath a Mannor in the County of Westmerland and one holdeth Land of that Mannor which Land is in the County of DARBY hee shall demand that Mannor in the Counties of WESTMERLAND and DARBY 18. of the Booke of Assises 3. If a man seised of a Mannor doe alien foure Acres in fee this is separated and no part of the Mannor but if the Husband seised of a Mannor in right of his Wife alien foure Acres for life and afterwards grant the Reversion of that in fee to P. and afterwards P. purchase the whole Mannor to which the Husband and Wife levie a Fine Sur connusance de Droit upon acknowledgment of Right as that which he had of their gift The Fine extendeth to the foure Acres which were severed for they were parcell in reversion as of the Mannor And in the 36. H. 8.4 Two Coparceners make partition of a Mannor so that each of these have a parcell in Demesnes and a parcell in Services Now each of these hath a Mannor and each of these have two Suitors but otherwise it is if one have but one Suitor he cannot hold a Court-Baron But 12. H. 4.25 Partition is made of a Mannor that one Coparcener shall have the Demesnes and the other the Services the Suit to the Court is suspended and during that there shall be no Court-Baron held And 8. H. 3.4 and 34. H. 6.53 It is held that a Court-Baron is belonging to a Mannor of common right so that within every Mannor shall be a Court-Baron unlesse there be no Suitors there or that by partition the Suit is suspended as it is before said But note that diverse are called Mannors within which are not any that hold of these Mannors but only Copiholders at the will of the Lord according to the Custome of the Mannor and there are no Freeholders which hold by Charter and yet these Lordships are called Mannors and in these are Court-Barons 19. H. 8.17 Court-Baron is belonging to a Mannor And now though the honourable Judges of both Benches and the Honourable Lord cheife Baron and the other Judges there of Record at this day are altogether given to administer Justice to all without respect of any Persons R. 2. Maint 2. according to the Statute of the 1. of Edw. 3. Chap. 14. which is that right be made as well to poore as rich and that none send Letters in disturbance of the Common Law so that praise be to God their whole inclination to the administration of Justice may be a sufficient example to all Stewards to administer Justice and not to have regard to Letters Yet in some Court-Barons I have seen such subverting of Justice by Stewards some by
Charter followeth ALlowance in the Common Bench is not good and allowance shall be within memory 9. H. 7. fol. 16.1 H. 7. fol. 23. In the time of H. 8. Tit. Grants 364. If the King grant Reversion and mis-recite the date of the Lease but recites well the Estate the thing and the name of the Lessee it is a good Grant 8. H. 7. fol. 4. Where the King upon information of the party grants a Mannour and recites that he had it by Forfeiture and hath it not by Forfeiture it is a void Grant for the King is deceived so it is said where the King grants a Reversion where there is no Reversion he is deceived and void 26. H. 8. fol. 1. The King recites for the good service he hath done in the Wars he grants where he was never in the War it is a good Grant for the recitall is a matter in deed not material 9. H. 7. fol. 27. Where the King grants upon a Petition for his service such a Mannour of such a value where it is of a greater he is deceived and it is void 9. H. 7. fol. 2. If the King makes one a Denizon and reciteth where he was born in France where in truth he was born in Spain this Grant and making him Denizon is a good Grant and the recitall is not materiall 9. H. 7. fol. 2. Diversity where the King of his meer motion grants and recites that what he hath granted by his Patent he ratifies and confirms the King is estopped to say the contrary but that he granted and ratified that but if it were as I am informed he is not estopped and the King is deceived 37. H. 8. Tit. Patents 10. It is said for Law that false consideration in Letters Patents shall not avoid them as where the King for ten pounds to him paid giveth such Land and the ten pounds consideration is not paid the Patent is not void Contrary of a Patent made upon false surmise as that the Land came to the King upon the attainder of J.S. and it is false the Patent is void 6. H. 7. fol. 13. If an Office be granted by the King to one for life and after the King grants that to another and do not recite the first grant the King is deceived and the second Grant is void The King grants to you the Chattels of Felons and Fugitives for whatsoever Offences you shall not have the Goods of one that stands dumb for these are Forfeits for Contempt and this Grant shall be taken strictly because it rusheth upon the Kings Prerogative 8. H. 4. fol. 2. The King grants to one the Chattels of Felons and Fugitives and of whatsoever Offenders the Granter shall have the Goods of him attaint for petty Treason and not for high Treason by these general words for what Offences soever 22. Book of Assises 40. If one kill the Kings Ambassadour this is high Treason and for that he shall not have his Goods but Goods of one attaint for petty Treason by the Grant of Goods and Chattels of Felons and Fugitives and for whatsoever Offences he shall have for that is Felony 22. Book of Assise 49. Where there is a Grant to you by a common person all his Goods A Lease for years nor a Ward pass not for Goods are Moveables alive and dead and not Chattels 4. Ed. 6. Brook Grants 51. And for that the King grants all the Goods of Felons you shall not have a Lease for years of one attaint for it is a Chattell real Brook Done 438. Plowden fol. 424. Where one grants all his Lands and Tenements to one there a Lease for years may passe where the King grants all the Goods and Chattels of Felons of his men that is but his own Tenants unlesse it be an ancient Grant and the Grant put in use of other Tenants also 40. Book of Assises 41. If one grant all his Goods as well living as dead a Rent charge which the Grantor hath for years passeth by this Grant 39. H. 6. fol. 37. Where Chattels are granted to one by this he hath as well Chattels moveables as not moveables for a Lease for years is within this word Chattels as it appears by Bracton Stamford fol. 44. Prerogative Where Chattels are granted to one he shall have the Corn of a Felon growing upon the Land of a Felon at the time of the Forfeiture and right of Actions to the Goods as where Goods by wrong are taken from a Felon and where one is indebted to a Felon by Obligation or is accountable to a Felon for any Receits Stamford 45. Prerogative The King may have Debt due by Obligation to a Felon and not which is due by Contract 16. Ed. 4. fol. 4. Chattels IF a Disseisor sow the Land and sever that before the Disseisee re-enter the Disseisee cannot take the Corn for they are Chattels and come by his industry but otherwise it is of Trees cut by the Disseisor and made in Fagots or Grasse made in Hay which come by the Soil 5. H. 7. fol. 16. and 2. H. 7. fol. 2. the same 39. Ed. 3. Tit. The Writ is of Goods and Chattels and the Count of Corn and ten pounds in money and for that that money is not Goods and Chattels he abridged that 7. Ed. 6. Tit. Grants 55. A man grants all his Lands and Tenements in D. a Lease for years doth not passe that is where he hath Lands in fee in D. and also a Lease there 37. H. 8. Done 41. It is said for Law that if a man give all his Lands and Tenements in D. by this a Lease for years doth not passe for Lands and Tenements shall be intended Free-hold at the least 10. Ed. 4. fol. 1. If an Executor give all his Goods and Chattels the Goods of the Teslator do not passe and clear the Giver shall not forfeit them 28 H. 8. fol. 4. by Elliot If a man give all his Goods and Chattels Hawks nor Hounds do not passe 18 Ed. 4. fol. 14. For that they are of a wilde Nature 9 H. 7. Tit. Grants Brook 87. If a man hath Lands in Lease and is seised of other in fee and make a Feofment of them both and Livery onely in the Land in fee the Land for years doth not passe 8 Ed. 4. fol. 4. by Pigot Where a man gives to me a Deed of Feofment then I have not the Land that is but a Chattell in me 39 Ed. 3. Tit. Charters 6. A man granteth the next Advouson to J.S. and his Heirs it is but a Chattell for it is but for one turn the same Law for a Lease to him and his Heirs for twenty years 136. the same Book of Assises 22. 21 H. 7. fol. 26. A man seised in fee maketh a Furnace of Lead in the middest of his House which was fixed to the Walls and died the Heir shall have that and not the Executors for it is fixed to the Free-hold and not a Chattell the same
not to make claime till the Tenant for Life be dead for if he in Remainder will wave this is no Mortmaine for if the Tenant will make a Feoffment in Fee to the use of A. for life and after to the use of a Religious man and his Successors that is not Mortmaine till the Tenant for life in use dieth and he in Remainder takes the profits 29 H. 8. Mortmain 37. Lord and Tenant Where one gives in Mortmaine he ought to have license of the King to do it and of the cheife Lord otherwise they may enter for Mortmain and before the license there ought to issue out a Writ of Ad quod damnum to the King but is used to omit that and to have the license without any Writ of Ad quod damnum Fitzh 221 K. Where an Abbot holds of J S. by five shillings and J. S. releaseth to the Abbot this shall go by extinguishment and for that it is no Mortmain 22 Ed. 3. fol. 22. 47 Ed. 3. fol. 10. If alienation in Mortmain be and the Alienee is disseised and the Disseisor dieth seised his Heir is in by discent yet the Lord may enter within the year for he hath but a Title of entry and cannot have an action but contrary of him which hath a Right of Entry and may have and Action 39 Ed. 3. fol. 38. Lord and Tenant the Signiory is granted to A. in Taile the Remainder to B. in Taile the Tenant Alien in Mortmaine the first Tenant in Taile cannot enter within the yeare and after the second Tenant in Taile dye without Issue and B. in Remainder enter within halfe a yeare and held that he could not for the Tenant in Taile and he in Remainder have but one Signiory and are but one Lord and both shall have but one yeare by the Statute Fitzh 223 E. If a man will exchange Land with an Abbot or other body corporate that is Mortmaine and he ought to have a License Fitzh 222 If an Abbot give Lands to another Abbot or a Corporation it is Mortmaine and ought to have a License and Ad quod damnum shall be sued and see the Ad quod damnum 221. R. 48 Ed. 3. fol. 29. Abbot purchase Lands with warranty by License and is impleaded and vouch c. and Judgment is given against the Abbot and he recovers over in value it is not Mortmaine for the Lands recovered in value and he ought not to have license of the Lands recovered in value for the first license serves in that see 45 Ed. 3. fol. 18. Where an Abbot recovers in value 9 H. 6. fol. 9. If an Abbot have Rent out of my Land and I grant to him that he may distraine for the same Rent in other Land this is no Mortmain for he hath nothing but ancient Rent and for that it is no Mortmain 3 Ed. 4. fol. 14. By Laicon the Statute of Religious holds place of common and Rent charge which is no Land nor Tenement and yet the words of the Statute are Lands and Tenements 25 H. 8. tit 37. Lord and Tenant the Tenant lets for life to J.S. the Remainder to an Abbot and his Successors The Lord need not to make claime till the Tenant for life be dead for if he wave the Remainder it is no Mortmain and held that the Appropriation of an Advowson without licence is Mortmain Fitzh 211. The King may give licence to his Tenant to alien in Mortmain for he may dispence with the Statute but a common person cannot but the King and the Mesne Lords may give licence to a Tenant to alien in Mortmain for the Statute was made for the advantage of the Lords and they may dispense with it Treasure Trove TReasure hid in the ground and found belongeth to the King and if it be found in the Sea it is to the finder Britton fol. 26. He to whom the property is shall have Treasure found because it belongeth not to the King unless when no man knoweth who hid the Treasure Statham Tit. Coron and 22 H. 6. Coron 446. Punishment of taking Treasure found is not of life and member but shall be by Imprisonment and Fine Statham Tit Coron and 22 Ed. 3. Coron 265. Treasure found belongeth to the Lord the King and not to the Lord of the Liberty unless by special words in the Deed of the Liberty contained or by prescription Statham Tit Coron and 8 Ed. 2. Coron 436. Treasure found is a certain old hiding Money or other Mettall of which there appeareth no memory so that now it hath no Owner therefore all such Treasure is no mans proper Goods and by the old Law it was the finders but now by the Law of the People it is made the Kings Stamford fol. 39. Fstrey WHere the Lord hath by a year and a day a Beast and it be cried in the Church and in the Market the property is changed 39 Ed. 3. fol. 3. A man cannot intitle him to an Estrey till the year and the day be past for he to whom the property is may take him within the year but Statham seemed he could not take it without agreeing for his meat 31 Ed. 3. Estrey 4. Detinue Issue if sufficient was tendered for his meat before claim or not 44 Ed. 3. fol. 14. Young Swans may be taken for a Stray and Proclamation made in Fairs and Markets 7 H. 6. fol. 29. If the Owner do not come within a year and a day and be proclaimed in Markets and Parish Churches then the property remains to the Lord Britton fol. 26. One justifies to have a stray in his Mannour according to the custome used in the Kingdom of England he proclaimed them in two Markets scil in D. S. on the Market days Brook Estrey 10. If one have a stray by three quarters of a year and after that strays and another happens it within his Mannour the second shall not have it for he hath no property untill the year and day and Proclamation 33 H. 8. Estrey 11. If a man have a Weif or a Stray by prescription and another taketh that out of his Mannour he shall have Trespass though he did not seise them before Fitzh fol. 91. B. One cannot take the Kings Beasts for a stray though they were within the Mannour by two years 39 Edw. 3. fol. 4. If one hath taken a stray and doth not proclaim it the Owner may take it again though he comes to claim it after a year and a day Britton fol. 26. Book of Entries One which justifies for a stray shall make prescription that is to say That according to the custome in the Kingdome of England used he proclaimed them in two Market Towns scil in D. R. and so it seemeth that an Estrey shall be proclaimed in two the next Market Towns upon Market days and yet it seemeth that Strays shall be proclaimed once in the Church and twice in the Markets Waife Where Goods waived are seised by an Officer
tenant praies the Assise upon the title and upon that the Assise is awarded the Assise cannot finde other title for the Plaintiff but he may finde matter which may stand with the same title to inforce it but if the title be traversed he cannot finde another title but only the point put in the Assise 28 book of Assises 17. An Act of Parliament Fine or Recovery are of such a force that if one be bound by them the Plaintif cannot make title to this Land unlesse by reason of a title to him grown of later times As if one recovers against me or my Ancestor and hath execution and after Lenten and dye seised my Heire shall not make him title by his discent against the Recovery without shewing he hath title after the recovery the same Law of a Fine see 10 H. 7. fol. 5.32 H. 6.5 and 33 book of Assises fol. 19. Pleas in Barr and in Abatement IT seems a feoffment of the Plaintif is no Plea in Barr for that amounts to no wrong nor Desseisin 2 H. 4. fol. 20. the same 15 Ed. 4. fol. 11. 18 Ed. 4. fol. 11. A Lease for yeares or for life the reversion to the Plaintif or a feoffment of the Plaintif with warranty and rely upon the warranty is a good Barâ— Abridgment of Ass fol. 31. The tenant may plead that partition was made between the Plaintif and J. S. whose Estate he hath and it is a good Barr. 30 H. 6. fol. 1. Assise the tenant saith that the Lands put in view and in plaint are in another Town and if it be found no tenant of the Free-hold named in the VVrit c. By the Court he shall not have the second Plea for none may say that the Land is in another town but the tenant and so hath accepted the tenancy by his Plea 30 H. 6. fol. 7. Assise the tenant saith that T. B. was seised and disseised by W. W. to whom T. B. made release and against his own Deed disseised W.W. and infeoffed five persons which infeoffed the Plaintif upon which W. W. re-entred whose Estate the tenant seised hath it is good see Pleas in Barr Tit. Abridg. Ass fol. 30. Abridgement Assise fol. 41. If the Plaintiffe choose one to be his tenant of all where he is not the Writ shall abate Abridgement of Assise fol. 42. A man cannot plead in Assise that there is another hanging to which he hath appeared unless that he take the tenancy upon him and for that it is no Plea for the Disseisor Bridgement Ass 44. Death of one of the tenants shall not abate the Assise but for the portion if he be a Disseâ—sor and tenant of another parcell 27 Ass 45.40 Ass 15. Abridgement Ass fol. 43. Assise of tenements in D. and S. the tenant sayes that all is in S. if that be so the Writ shall abate for he cannot abridge a whole Towne but see now by the Statute of 21 H. 8. chap. 3. where he may abridge Abridgement of Ass fol. 45. Assise of Lands in D. is no Plea if there be two Dales for that the Plaintiff shall recover by the view of the Jury 29 Ass 59. Abridgement of Ass 106. Assise tenant pleads in Barr and after the Jury hath the view he leaves his Barr and pleads to the Assise Plaint in Assise PLaint of profits of an Office though it hath no form it shall not abate as first it ought to suppose disseisin and after shall make title and though it were not so it shall not abate 12 H. 6. fol. 22. Plaint of a Croft is good but Precipe of a Croft is not good Abridgment of Assise fol 130. b. and 8 Hen. 6. fol. 3. Time of Ed. 6. Brook tit False Latine and forme 66. Wood was put before Pasture in a Plaint of Assise and exception thereof taken yet good though it were contrary to the Register by the Commentaries fol. 169. Plaint of a Croft and was amended 14 Ass 13. and 25 Ed. 3. tit 25. the same Brook demand 17.34 Plaint of a peice of Land containing in length twenty feet and in breadth ten and is good 14 Ass 13. and 9 H. 4. fol. 3. the same Plaint by the Governour of an Hospitall it shall be of a House and not of an Hospitall 8 Ass 29 and Assise 137. Plaint of two parts of Salt Coot is good ninth Book Ass 12. Plaint of a Garment or thirty shillings though it be uncertaine for that it is according to the Deed it is good 11 Book of Ass 8. Plaint in Assise of a Garden lyeth but not a Precipe 22 Ed. 3. tit 22. 5 Ed. 2. Brook demand 39. and Fitzh breife 797. Plaint was of a Mill and doth not say a water-Mill nor VVinde-Mill yet good 21 Assise 23. Plaint of a Garment and the specialty is of a Garment with furr and the plaint good for the Garment conteines all 22 Ass 10. Where the Plaintiff may abridge in Assise and in what other Actions he may abridge and how IN a VVrit of ward the VVrit is of the custody of the Land and Heire and is not certain and for that he may abridge as he may in assise and VVrit of Dower 39 Ed. 3. Tit. Breif 10. and 32. In trespasse the VVrit is of Goods and Chattells and hee counts of Corne and ten pounds and for that that Money is not Goods and Chattells he abridged it see 8. Tit. abridgment 11. which saith that he ought to expresse the Money in the VVrit and for that he did not he abridged 39 Ed. 3. Tit. Breife 11. In all cases where the VVrit is of a Free-hold and uncertain he may abridge by June as in assise of Dower and a VVrit of ward 14 H. 6. fol. 4. In ward for that the Demand is not certain but of the custody of the Land and Heire therefore the Plaintif counts of the Mannour of D. and twenty acres and the Defendant saith that the twenty acres are parcell of the Mannor the Plaintif may abridge the twenty acres 39 E. 3 f. 10. Brooks abridgment 10. Assise of Land in great Dunmowe and little D. you cannot abridge all in one Town 8. H. 6. fol. 56. Assise and in Dower he may abridge but he cannot abridge a whole Town 14 H. 6. fol. 4. Assise where a plaint is of a Mannor he cannot abridge for that it is entire 19 H. 6. fol. 13.33 H. 6. Tit. abridgment 2. Assise plaint of Rent and Land after that the Tenant hath pleaded in Barr the Plaintif shall abridge in right of the Land 14 Ass 9. Plaint abridge in attaint Rast Assi 17. 35 H. 6. fol. 13. Assise of Common in forty acres the Plaintif cannot abridge for that that the Common is Intire but at this day it is contrary by the Statute of 31 H. 8. chap. 3.29 Ass 10. Plaintiff in every Assise at his pleasure may abridge and for that also by the Statute may abridge where the plaint is of a Mannor 21 H.
to Fortescue fol. 85. which is That none is to be sued but by the Law And the case was this That the Husband before that he tooke a Wife made an Estate for life reserving Rent and after he took a Wife and dyed so that by the Law the Wife is not Dowable of the Land much more shee shall not be assigned there by the Homagers but saith the Steward in such a case shee is by the custome of this Mannor dowable in this case and such blinde and unreasonable customes are alleadged many times amongst copy-holders where there is no President nor usage in this case to be shewed But you ought not to allow any custome but that which hath been used from time to time and from time out of minde and there ought to be Presidents in the Court-Rolls or good proofe of that to be shewed to the Court accordingly otherwise it is not to be allowed for a custome And for that that you ought to note what custome ought to have lawfull beginning as might take lawfull effect by Grants at the beginning for if it be against common right and reason it is not good and for that you ought to regard these Grounds and Customes FIrst That it be reasonable 2 H. 4. tit 10. And for that custome that no Tenant of the Mannor put in his Beasts to use his common in Feilds sowed after the corne is taken off till the Lord hath first put in his Beasts is not good for it may be the Lord will not put in his Beasts and then the Tenants shall loose their profits Also that it be according to common right 42 Ed. 3. fol. 4. Prescription of the Sheriffe that the Tenants of the place ought to give to the Sheriffe for easement for reward at the Turne of the Sheriffe halfe a Marke and this is against common right for every gift cometh upon his liberality and at the will of the giver and for that it is not good and also saith that the Sheriffe cannot prescribe Also that it be upon good consideration 42 Ed. 3. fol. 4. In the case next before where the Sheriffe prescribes for that that there is nothing which toucheth the King of which he is charged in account it is not good for there is no consideration And as 5 H. 7. fol. 9. prescription that if any pasture Sheep upon his Land by day that hee may have Foldage of them in the night upon his Land it is good for it is with consideration And you ought to note that prescription custome and usage are as Brothers and yet some thing they differ in their natures for Prescription is when by continuance of time out of memory one particular person hath particular right against another particular person And custome is where by continuance of time out of memory one right is had concerning diverse persons and usage is by continuance of time the efficient cause of them both and usage is the life of Prescription and custome for Prescription and custome have their being by usage of time out of mind c. Custome or prescription that every one which breaks the Lords pound shall pay three pound nine pence is not good against a Stranger to the Lord but that every tenant which breakes the pound shall pay three pound nine pence to the Lord is good for the Lord may give the Tenements of his Tenant to hold by such c. 11 H. 7. fol. 14. So that at the beginning the Lord may create these customes aforesaid amongst copy-holders Custome to prescribe to have used fold-gate in the night for pasture in the day is good for it is one for another and it is with common right 5 H. 7. f. 9. Custome that the Tenant of time out of minde hath used to pay so much for the Marriage of his Daughter is good 43 Ed. 3. and 6. but Littleton fol. 46. contrary Custome or prescription against common Right is not good and for that that it hath been used in Leet that if the petty twelve present false and the other twelve inquire of that and finde that false shall be amerced is not good the same Law for the Lord of the Leet which hath no Land to prescribe to be Lord of Waste 9 H. 6. fol. 44. Custome or prescription of folding Sheep in the night gathered to the Fold is not good unlesse it be as above for their pasture 46 Ed. 3. fol. 13. Custome or prescription that one may keep the distresse till he be satisfied at his Will is not good for it is against common right Lit. fol. 46.5 H. 7.9 Custome or prescription that one shall have the Land to plow and sow and when the Corn is carryed another may have that as his severall is good time of Ed. 2. Tit. prescription 55. Custome or prescription to have Toll through which is in the high-way is not good for it is against common Right but to have Toll travers is good 22 Book of Assise 58. Custome or prescription to have Warren in his Signiory Lands is good but not of Lands which are not held of him 3. H. 6.13.43 Ed. 3.13 and see 44 Ed. 3.13 Custome is good which is not against the Law of Reason nor the Law of God as customes of Gavelkinde and Borough English and Doctor and Student fol. 20. B. Custome that every Tenant of the Mannor ought to pay two Markes for Releife hold they more or lesse is good 40 Ed. 3. f. 6. Custome that the Tenants of the Mannor time out of minde have used to choose a Beadle for them to gather the Lords Rents is good 44 Ed. 3. fol. 13. Custome that none of the Town of D. shall put in their Beasts into the Feild after the corn taken off untill the Feast of S. Michaell is a good custome of the Town after 46 Ed. 3. fol. 24. But custome that none shall put his Beasts into the Feilds after the corn severed and carryed before the Lord put in his Beasts is not good for paradventure the Lord will never put in his Beasts 2 H. 4.24 Custome of the Town of Barton or of a Mannor that a Wife shall have all the Land of her Husband for her dower or a halfe or fourth part is a good custome 2 Ed. 4.17 and 21 Ed. 4. fol. 64. by Choke It is held that custome throughout the whole Kingdome is common Law and one cannot prescribe that it is a custome throughout the whole Kingdome but it is a custome in such a City or such a County 34 H. 8. Tit. custome 59.30 Ed. 3.25 2 H. 4. fol. 18. custome of County 21 Ed. 4.54 Custome of the Town which is no Burrough nor corporation allowed there but see 4 Ed. 3.38 in a reasonable part and see 21. Ed. 4. f. 53. and 54.40 Book of As 27. and 45 As 48. against the custome of the Villiage That he hath been by prescription the keeper of a Wood and custome to have of every comer a measure of
Escheat 7 H. 4. fol. 18. the same 6 H. 4. fol. 5. Lord and Tenant within age the Tenant is disseised and dyes without heire the Lord may enter by Escheat The same Law is if he being an Infant tenant alien and dyes without heire the Lord shall have by Escheat Fitzh fol. 144. A. If Tenant in taile dye without heire he in reversion shall not have a Writ of Escheat But if Tenant in taile the remainder to his right heires and dyes without heire then the Lord of whom the Tenant in taile holds shall have a Writ of Escheat Fitzh 144. E. Where the Tenant is a Bastard and dyes without Issue this Land shall Escheat Tit. Escheat 34. B. Where there is a Bastard eldest and a legittimate younger and the Bastard enters and dyes seised without Issue the Land shall not Escheat Natura brevium fol. 103. If the Tenant be disseised and is attaint of Felony the Lord may enter by Escheate Abridgement of Assise fol. 88. Lord and Tenant the tenant being within age aliens and dyes without heire the Lord may enter by Escheat 6 E. 3. Statham If my Tenant within age alien in Fee and dyes without heire I may enter by Escheat the same Law is if my tenant within age be disseised and dyes without heire I may enter by Escheat Stamf. 42. If any free tenant of any Bishop be attaint for Felony during the time of the vacation the King shall have Escheat of his Lands By Prerogative ch 14. Fitzh 144. O. If the Lord have title to have a Writ of Escheat if he accept Homage of his tenant he shall not have a Writ of Escheat against him afterwards 7 H. 4. fol. 18. Lord and Tenant the Tenant is disseised and dyes without heire the Lord may enter for right of entry may Escheat against a Disseisor but if the Disseisor dye or alien the Lord cannot enter by Escheat upon the heire of the Disseisor nor upon the Alience 22 Book of Assises 49. The King shall have the Lands by Escheat of one attainted of high Treason of whomsoever hee hold notwithstanding of petty Treason the Lord shall have them 29 Book of Assise 61. Note that Lands in taile shall not Escheat for the Felony or attainder of his Father but by the Statute of 5 6 Ed. 6. chap. 11. for high treason the King shall have his Lands 6 H. 7. fol. 9. by Keble Right of entry may Escheat as where the Disseisee dyes without heire or is attaint of Felony the Lord may enter 7 Ed. 6. tit 18. It was held If there he Lord and Tenant by Fealty and Rent the Tenant is disseised the Disseisee dyes without heire the Lord accepts the Rent by the hands of the Disseisor yet he may enter for Escheat or have a Writ of Escheat and the receit of the Rent no Barr contrary if he had avowed for that in Court of Record or if he had taken corporall service as Homage c. Contrary of acceptance of Rent by the hands of the heire of the Disseisor or of his Feoffee 48 Ed. 3. fol. 2. by Belk Where a man commits Felony and after purchase Land or Land discends to him after this is forfeited and Escheated as well as the Land which he had time of the Felony made 22 H. 6. fol. 37. by Newton A man seised of Land in fee goes beyond the Sea to B. out of the Kings Allegiance without the Kings license and there marries a Wife and there hath Issue and dwells there all his life and dyes without other Issue his Land shall Escheat and none other of the blood shall inherite 1 R. 3. fol. 4. by Hussey He which is borne beyond Sea and his Father and Mother English and faithfull to our King that their Issue shall inherite by the Common Law but the Statute makes that cleer and his Lands shall not Escheat 9 H. 7. fol. 2. If Tenant of the King dyes without heire and none enters the Freehold is in the King without Office by Escheate But if Tenant of the King alien in Mortmaine it is not in the King without Office 27 H. 8. tit Office 90. Br Where one is attaint by Parliament his Lands are not in the King by Escheat to grant over without Office 29 H. 8. tit 52. Charter of pardon Br. The King may be intituled to goods without Office by Outlawry but not to Lands 38 H. 8. title Thing in action 211. Br By the Statute of 31 H. 8. gives to the King possession of Lands of Monastries without Office for the words are that the King shall be in possession of them yet if an Abbat were disseised of foure Acres of land the King cannot grant that over before entry made by him into it Time of H. 8. tit 119. Pre. Br It seemes that the King shall not have a Precipe quod reddat as a Writ of Escheat but his title shall be found by Office Time of Ed. 6. tit Denizen 17. Where an Alien born purchaseth the King shall have it but the purchase ought to be found by Office 33 H. 8. tit Fines levied 115. Title Office before Escheator 60 Br King shall have Chattels without Office but not Ward 2 H. 7. fol. 8. The King may re-enter without demand where there is a clause of re-entry in his Lease but then that shall be found by Office Tit. Escheat 23. Br Alien borne hath Issue a Son and after is made Denizen and after hath Issue another Sonne and purchase Land and dyes the youngest Sonne shall have the Land and not the eldest nor the Lord by Escheat Tit. Escheat 29. B. VVhere a man is attaint of Heresie and delivered to Lay men to be burnt yet he shall not forfeit his Land unlesse he be put in execution and there by the execution the Lord shall have Escheat unlesse the Land be held of the Ordinary then the King shall have it Enquest FOR that that you try your Copy-holders and other Issues by consent by Jury let us see how many shall be sworn of a Jury The Statute of Westm 2. chap. 13. is that the Sheriff shall inquire by twelve and not by lesse and the same Law shall be in Leet and for that that this Statute doth not extend to Court-Baron Presentment of Articles there by lesse then twelve may be for one may hold Court-Baron though there be but two Suitors and then they may inquire by two of Articles for the Lord but hard it is when every one is inheritable to the Lawes of the Realme and the triall of the Law is by twelve of Issue joyned between party and party that by your not power that is to say that there should not be twelve Tenants of every Jury to take from me my Triall which the Law gives to me and if you will try Issue by lesse then twelve you may impannell three or foure of the Freinds to the parties and to have no number certain under twelve but to have such a
to pay his Rent it is no forfeiture The same Law is if he be much in Debt and in feare to be arrested or if one be bankrupt and keep his House and doth not come to the Lords Court but makes divers defaults these are no forfeitures of their copy-holds But if he deny to come to the Court of the Lord this is a forfeiture of his copy-hold But if the Lord claime a Fine custome or services which is in doubt whether due or not and the Tenants pray the Lord that the Homagers may inquire if it be due or not and saith if it be found by the Homagers upon their Oath that they are due or if there can be Presidents shewed that it is due he will pay it this is no forfeiture of his copy-hold If twelve are assembled against the form of this Statute then if any copy-holder being a Yeoman Handy-crafts-man Artificer Husbandman or Laborer and being of the age of eighteen yeares or more and under forty years not Impotent Lame Maimed nor having reasonable excuse and being required to serve the Queen for any the causes in the Statute and refuses he shall forfeit his copy-hold during his life 1 Marie chap. 12. If a copy-holder in Court-Baron will say to his Lord that he extorts and exacts Fines and Services not due or such unreverent words of his Lord and they be false that is finable but no forfeiture But if he deny to be Tenant to the Lord and to be a Juror of the Homage it is a forfeiture but if a copy-holder indict his Lord or gives in evidence in an action against his Lord or arrest him or commence a Suite against his Lord in any Court of the Queens these are not finable nor no forfeiture If Tenant in taile be of a copy-hold the remainder over in Fee if the Tenant in taile be attaint of Felony it seems that the Issue in taile shall have the Land and not the Lord. If a copy-holder make a Feoffment of his copy-hold and the Feoffee dies seised and his Heires levy a Fine of that and five yeares passe the Lord is barred to seise the Land by forfeiture as it seems Some Copy-holder by the custome may make waste and is no Forfeiture and waste by some Copy-holder is Forfeiture LOpping of Trees by a copy-holder is no forfeiture but a copy-holder cannot lop Trees and burn that in the house upon other Land or Mannor nor sell the lops unlesse by the custome he may make wast If a Guardian in Socage of a copy-hold make waste the Infant shall not forfeit his copy-hold but only the Interest of the Wardship but inquire If Lessee for yeares of a Copy-hold make wast and inquire when he is Lessee for yeares by surrender and when he is Lessee by the license of the Lord it is said it is a forfeiture but during the Tearm J. S. Seised in fee of an Acre in D. by Charter and of another by copy and make a Feoffment and Livery in the Acre by Charter in name of them both it is no forfeiture of the Acre by copy but if he make Livery in the Acre by copy in name of both the Acre by Charter passes and it is forfeiture of the Acre by copy If a copy-holder suffer a common recovery against him at the common Law and after surrenders to the use of another which is admitted and after one or two admittances passe upon surrender yet after when the Lords takes notice of the forfeiture he may well seise it for that forfeiture for that that the copy-hold was destroyed by the forfeiture But otherwise it seems if the forfeiture do not destroy the Copy-hold as if he make wast or break any custome the Lord is barred by this admittance as it seems If a copy-holder levy a Fine and five yeares passe after Proclamation this seems barres the copy-holder and his Heires but it seems doth not barr the Lord but if a copy-holder make a Feoffment and Livery of his copy-hold and after levy a Fine and six yeares passe now the Lord is barred If two Joynt Tenants by copy are and one makes wast in all the Land yet he shall forfeit but one part If the Heire of a copy-holder having notice of the death of his Ancestor do not claime within the yeare and day after the death of the Ancestor and Proclamation made he shall loose it for ever but otherwise it is if he be beyond Sea or within age or a Woman having a Husband it seems she shall not loose by not claiming Tenant for life of a Mannor is and copy-holder of that commits wast and the Tenant for life dyes he in remainder may seise the Land for this wast for that it is a forfeiture which runs with the Land See before forfeiture touched in the Title of copy-holder Formedon In so much that plaints are sued in nature of Formedon for Copy-holds something shall be said touching Formedon and first let us see where a Formedon lies and where not and for that that there are three manner of Formedons that is Formed on in Discender Remainder and Reverter in Fitzh Nat. Brevium and there declared how everyone lieth much shall not be said but what is in Fitzher Natura brevium touching the lying of a Formedon FOrmedon in Discender lieth where the Donee in taile or free Marriage aliens that Land so given in taile or is disseised and dies his Heire shall have a Formedon in Discender to recover these Lands so given in taile Fitzh f. 211. A. Where Tenant in taile aliens or is disseised or if recovery be against him by default after default and hee dies his heire shall have a Formedon for the heire shall not have other recovery of the possession of his Ancestor then by Formedon but if he be outed of his own possession as if he be seised and be put out he shall have Assise Natura brevium fol. 145. Formedon lies by the heire of a gift made before the Statute of Westm 2. Where the Donee after the Statute aliens and dies and yet the Statute is to gifts before made it shall not be extended 12 H. 4. f. 9. Where there is a Tenant in Dower or by the curtesie the reversion to another in taile if one intrude after the death of the Tenant in Dower or by the curtesie he in reversion shall not have Intrusion but Formedon Fitzh 204. D. Woman Tenant in taile takes a Husband which aliens and after they are divorced and after the Wife dies the heire of the Wife shall not have A cui in vita but a Formedon Fitzh f. 204. K. If Tenant in taile lets for life and the Tenant for life aliens in fee the Tenant in taile shall have a consimili casu or a Formedon at his pleasure Fitz. f. 207. D. Where land is given to one for life the remainder to the Father in tayl if it were executed in the Father and he Alien the Issue may have a Formedon
Tit. avowrie if one avow for hariot and saith that he and his Ancestors have been seised time out of minde yet he ought to alleadge a speciall Seisin in him or in one of his Ancestors and to say by whose hand c. 38 Ed. 3. Tit. 2. Br. It seems where the Tenant holds by hariot service that is if he be to have the best Beast the Lord may seise as well as for hariot custome for that it is certaine and for hariot custome he shall alwaies seise and not distrain for that that the property is in the Lord 27 Book of Ass 24. 8 H. 7. f. 10. 13 Ed. 3. Tit. 9. Brook For hariot custome he may have an action against whosoever conveyes it away and a Detinue against him which denies it for he hath property in the thing and the Law adjudgeth possession in him without seisure as of the Body of a ward which is transitory Time of H. 8. for hariot custome a man alwaies shall seise and if it be conveyed away he may have a Detinue and for hariot service as here conveyed away he may distraine but not for hariot custome 3 H. 6. f. 45. Trespasse the Defendant prescribes in him and his Ancestors Tenants of the Mannor of D. to have the best Beast for hariot upon every surrender and the Horse taken was the best the Plaintiff saith that the property of the Horse was not in the Tenant time of the surrender and a good Plea Livery of Seisin For that that you give in the second Article of Charge to know what Estates your Tenants have for that something shall be said afterwards which is an Estate in Fee and which in taile and also of other Estates and first for that to Feaffments Gifts and Estates made in taile and for life by you to others there ought to be Livery of Seisin let us see what is good Livery upon the Land and what within the view of the Land and what not IF Liver 〈◊〉 made and the Termor for years be not outed this is not good 21 H. 7. fol. 7.19 H. 6.56.2 Ass 1.5 Ass the last and 7. Ass 3. And he to whom the Livery is made stay a night with the Termor and not out the Termor yet this is not good Britton fol. 102. and 29 Ass 60. If Livery be made and the Termor be not put out upon the Livery or that he attorn it is not good 5 Book of Ass 8. If a Feoffment be of two Mannors whereof one is in Lease for yeares and the Livery is made in the other which is not in Lease this in Lease doth not passe for there shall be Livery made in that also or otherwise the Termor ought to attorn 11 H. 4. fol. 71. To deliver a peice of Earth of the land to him which takes the Seisin is a good Livery 2 Book of Assises 1. The Sheriffe may deliver Seisin of Rent recovered by Beasts Grasse or Clod and it is good 40 Ed. 3. fol. 22. Perkins 42. Office is granted in Forrest to which land is belonging and Seisin is delivered by a Horn and an Axe and is good 1 H. 7 f. 17. the old print A man makes a Feoffment to a Woman and when he comes to the Church doore to be married he delivers to her the Deed and there shews to her the land and is a good Livery 39 Ed. 3. fol. 11 and 38. Ass 22. Where one is sick in his House and delivers the Deed of Feoffment in name of Seisin it is good Perk. fol. 48 A Deed by I have given and granted or I have given only sufficeth to a Disseisor if he deliver to him the Deed without other Livery for it is a confirmation Littleton 121. One lying sick in his House makes a Charter of that and saith take and keep according to the Charter and he takes Seisin and the Feoffor be not out and yet good so it is in the same case if he say take Seisin and command all the Servants to attend on him 27 Book of Ass 61. Perkins f. 43.44 43 Ass 20. There may be Livery within the view as I deliver to the Feoffee a Deed of feoffment and I say that I will that you shall enter into the same lands and have them according to the Deed it is good if you enter Perk. fol. 43. and 18 H. 6. f. 16. The Father infeoffs his youngest Son of a◠House and the youngest Son come into the Church of the same town where the House is and saith in the presence of the Parishioners Father so frankly as you have given to me the House I give that to you and the Father goes to the house and enters and dies seised and is good and the eldest Son shall have that and not the youngest 39 Ass 12. Per kins f. 44. the same and 42 Ed. 3. Feoffment 54. Note that it is notorious and this the reason The Father makes a Feoffment and a Letter of Attorney to L. to make Livery and before the Deed delivered commands L. to make Livery upon condition and he makes that upon condition it is good 28 Book of Ass 439. A man makes a Feoffment by Deed simply but he delivers Seisin upon condition the Feostee takes it conditionally and not by the Deed 8 H. 5. fol. 8.18 Ed. 3. fol. 19. and 18 Ed. 4. f. 12. Littleton fol. 83. The Father for advancing his youngest Son makes to him a Charter and a Letter of Attorney when he was of sound memory and after by sicknesse cometh mad so that he was dumb at the time of the seisin delivered but by all signes agreed and this is a good livery 25 Book of Assises 4. If a Lease be made for life by Deed and the Lessor saith Go you and enter but no livery is made though that he enter yet by Newton hee hath but an Estate at will and no Freehold 18 H. 6. fol. 16. When one makes a Feoffment and delivers the Deed to the Feoffee and said God give you joy this is a good livery 41 Ed. 3. fol. 17. Abridg. Ass fol. 94. and 41 Ass 10. but it seems it was within the view Feoffment is good of Lands by Deed and delivering the Deed within the view of the Land so that the Feaffee enters accordingly but if the Feoffor dye before the Feoffee enter then the Land discends and the Feoffment shall take no effect Time H. 8. B. Feoffments 70. A man makes a Feoffment to another and delivers to him the Deed in the Land or upon the Land this is a good Feoffment by all the Court 35 H. 8. Brook Feoffments 74. Note by these is to be gathered that where the Feoffor delivers the Deed within sight of the Land to the Feoffee and he enter this is a good livery and seisin but if hee doe not deliver the Deed within the view nor use words within the view which may countervaile livery I suppose free-hold doth not passe If a Lease be made for
life by Deed and I deliver it out of the view and no livery of seisin that he is but Tenant at will by Newton as it is sayd before 18 H. 6. fol. 16. Note where a Deed shall enure as a confirmation without Livery of Seisin and where not A Lease for yeares is made and after the Lessor makes a Deed by I have given granted and confirmed to the Lessee to him and his heires and deliver to him this Deed this is good without livery 22 Ed. 4. fol. 37. and 19 H. 6. fol. 44. the same If I let to one for yeares and after make to him a Deed by I have given and granted to have the Land for life or to him and to his heires and deliver to him the Deed he hath an Estate according to the Deed without livery and seisin the same Law where a Disseisee makes a Deed by I have given to the Disseisor and delivers to him the Deed as before is sayd Lit. fol. 121. Feoffment to diverse and livery to one where both take and where not and where one makes a Letter of Attorney by words is not good A Man makes a Feoffment by Deed to twenty and delivers the Deed and Seisin to one in the name of all this is good to them all but if he enfeoffe twenty without Deed and Delivers seisin to one in name of all this is good to him onely Time of H. 8. Br Feoffment 72.15 Ed. 4. fol. 18. and 10 E. 4. fol. 1. by Choke Tenant enfeoffs the Lord and another and makes livery to the other nothing vests in the Lord without his agreement 10 E. 4. fol. 12.6 E. 4. fol. 4. Where a Corporation and another are enfeoffed livery to one is not good to both for that that they take in Common and for that livery shall be to both of them 7 H. 7. fol. 9. by Hussey Attorney by word cannot make livery 19 H. 8. fol. 9. by Shelley and Englefeild A man enfeoffe foure by Deed and one makes letter of Attorney to J. S. to take seifin for him and the rest and he takes seisin accordingly the residue take nothing by the seisin 17 H. 8. Br Feoff 67. Mortdancester Many times Mortdancester is brought of Copy-hold Land and for that some thing shall be said of Mortdancester and it seemes if the Tenant traverse one point of the writ the residue shall not be inquired Contrary is by 9 Ed. 3. fol. 30. Fitzh Mortdancester 13. IF one takes Issue upon one point and found against him the residue shall be held confessed 27 H. 8. fol. 12. and 39 Ass 13. But Abridgement of Assise fol. 120. If the Tenant plead in Barr which is found against him the Assise ought not to inquire of the points at large Mortdancester If the Tenant traverse one of the points of the Writ as to say that he is not next heire and is found for the Plaintiffe there he shall not inquire of other points for when one point is traversed all others are in manner acknowledged otherwise it is where he acknowledgeth no point as pleading that the Plaintiffe is a Bastard there they ought to inquire of the residue of the points Statham 35 E. 3. If the Tenant traverse one of the points of the Writ the remainder shall be held not gainsayd by Sharde 14 E. 3. tit Fitzh 8.33 E. 3. Fitzh 34. accordingly Abridgement of Assise fol. 118. The points of the Writ are three that is First if the Ancestor of the Demandant was seised in his Demesne as of fee the day that he dyed Secondly If he dyed seised within fifty yeares last past Thirdly If the Demandant be next heire The Tenant saith that the Ancestor of the Plaintiffe did not dye seised in fee and the Assise charged upon all the points 9 Ed. 3. tit 13. and 9 Book of Assises 14. according B. 21. If the Tenant plead in Barr without that that the Father of the Demandant dyed seised if that be found against him the points of the Writ shall not be inquired but if he plead to the Writ it is otherwise 27 H. 8. fol. 12. by Fitzherbart Where the Tenant traverseth one of the points of the Writ and the Assise is awarded and found for the Plaintiffe he shall not inquire of the other points but shall be taken confessed Abridgement Book of Ass fol. 118. If the Tenant pleads Feoffment or Surrender he ought to traverse the dying seised IF the Tenant pleads matter in Deed as Feoffment of the same Ancestor they ought to traverse the dying seised but if hee plead recovery this is a Barr unlesse the Tenant convey title afterwards 6 Ed. 4. fol. 11. Mortdancester Natura brevium 119. By Thorpe Feoffment of the same Ancestor is no Plea in Barr but to the Assise for the Action is taken of dying seised after that is to say The day that he dyed or not 34 Book of Assises 20. Where there shall be a re-summons and where the Assise shall be awarded upon default and the points shall be inquired THe Tenant was Essoyned and at the day made default and re-summons was awarded and sayd that it ought 8 Book of Assises 13. Inquire Fitzh fol. 196. G. The Tenant was effoyned and at the day made default and adjudged that the Assise shall be taken by his default and that resummons shall not be but immediately after Summons 4 H. 7. f. 23. and 4 Ed. 2. Fitzh 37. A man cannot recover by default in this Writ without inquiring of the points of the Writ 31 Ed. 3. Tit. 58. Abridgment Book of Assises f. 119. The Tenant makes default by which resummons went out upon which he comes and pleads and doth not answer to the default Where it is found against the Tenant upon Plea which trencheth to the action the points of the Writ shall not be inquired otherwise it is upon a Plea in abatement see 39 Book of Assises 13. and 29 Book of Assises 48. Mortdancester If the Tenant plead non-tenure of parcell to the Writ and if found c. And is ready to heare the Recognisance of the Assise the points shall be inquired 20 Book of Assises 19. and 4. Ed. 2. fol. 39. Mortdancester the Tenant saith that he is ready to heare Recognisance of Assise the points inquired 12 Ed. 3. f. 10. If the Tenant plead non-tenure of parcell he ought to plead over to the Assise that is to pray that the Points be inquired 12 Book of Assisee 8. and Abridgment Book of Ass fol. 122. See there Where Mortdancester lyeth IT lyes for the Heir where his Father Mother Brother Sister Uncle Aunt Nephew or Neece dieth seised of any Lands of an estate in Fee and an Estranger abates there the Heir shall have a Mordancester and when his Father were seised and disseised the day that he dyed yet it lyes Fitzh fol. 195. C.D. If Tenent by the Curtesie alien the Heir shall have Mordancester unlesse he hath assets by him And if a
heires males adjudged that the Grant is void for that that the King is deceived in his Grant for this sounds in Fee simple whereas it is sayd the King intended but an Estate taile which is not so expressed And therefore now he is but Tenant at will and contrary in the case of a common person For Littleton fol. 6. saith Lands are given to another to have and to hold to him and his heires Males or to his heires Females or to whom the gift is made hath Fee in a common persons case for that there is no limitation in the gift of what body 6 H. 7. fol. 13. If Office be granted to one for life and after the King grants that to another and doth not recite the first Grant the King is deceived and it seemes that the second Grant is voyd 1 H. 7. fol. 13. Where the King of meer motion forgave A B of all his Debts and was Sheriff and after in the Exchequer he pleads that as Sheriff and held for that that it is of his owne motion and is generall yet he may plead that and it is a good Barr Otherwise it is where it is by suggestion for where it is of meer motion it is intended the King is not deceived but it seems if the King pardon one all his Debts he as an Executor shall not take advantage of that The same Law is if two be indebted and the King pardon one the other shall not take advanrage of that for it was the onely debt of him 9 H. 7. fol. 2. Where a Grant of the Kings is of his meer motion and the King recites that where he hath granted by his Patent he ratifies and confirmes and over We give and grant this give and grant is not but voyd for the King is Estopped to say the contrary but that he granted and ratified that but if it were as We are informed he is not Estopped and the King there is deceived And where it is of his meer motion recyted that he holds for life he is Estopped to say contrary but if it were as We are informed he is not Estopped and the King is deceived and he holds not for life 3 H. 8. fol. 7. held VVhere a Grant of the King is not onely of his meere motion but also of suggestion there if any part of the suggestion be not true the whole Grant is voyd 8 H. 7. fol. 1. VVhere the King upon information of the party Grants a Mannor which he hath by forfeiture and hath not that by forfeiture it is voyd for he is deceived So it is sayd where the King grants reversion where there is no reversion he is deceived and voyd 27 H. 8. tit Patents 100. It is sayd for Law that a false consideration in letters Patents shall not avoyd them as where the King for ten pounds to him payd gave such Land and the ten pounds is not payd the Patent is not void and shall not be repealed Contrary of Patent granted upon false surmise as to falsifie that the Land came to the King by the attainder of J. S. which is not true or such like 26 H. 8. fol. 1. If the King grants Lands to J. S. and recites for good service he hath done he grants and it is not true yet the Grant is good though the consideration is false 27 H. 8. fol. 33. by 6 H. 8. fol. 15. Will That the second Patent of an Office shall be voyd where another Patent is made before during the will of the King If mention and recytall be not made in the second Patent of the first Patent made at the will of the King if the Officer hath Fee it is voyd otherwise it is if hee have no Fee as it seemes 3 H. 7. fol. the last 6 H. 7. fol. 13. the same Where the remainder in Fee depends upon determination of Estate and where upon Condition and where upon Contingent HUsband and his VVife seised in right of his VVife in taile the Husband enfeoffs other two so long as J. S. and seven other persons live together and if it happen any of them to dye that then the remainder to the Husband and his VVife and to the heires of the VVife and J.S. dyes and the Husband and the VVife enter as they may for the remainder depends upon determination of Estate and not upon condition for death is certaine and for that the Estate is determined 18 H. 8. fol. 3. 18 Ed. 3. fol. 2. A Fine was levyed to the Husband and his VVife and to their heies Males of their two bodies begotten so that if the Husband dyed without heire Male that that should remaine to the right heires of the Husband and is received for that doth not depend upon condition but upon a limitation upon contingent of death which is certaine 27 H. 8. fol. 28. A Fine upon grant and render by which the Conisee grants and renders to the Conisor the Lands in taile upon condition that the Conisor and his heires shall carry the Standard of the Conisee in Battell and if the Conisor or his heires faile that then that shall remaine to a stranger this depends upon a condition and by Fitzherbert Fine cannot be taken upon a condition but if it be taken it is good And by Fitzherbert the Fee is in the stranger forthwith before the Tenant for life dyes otherwise it takes no effect for this word that then it shall remaine referrs to the possession of the Lands that is that then the possession of the Land after the death of the Tenant for life should remaine but if one let for life upon condition that if he dye c. the remainder to a stranger that is in him presently Plowdens Commentaries fol. 487. Nichols Case If a Lease be made upon condition that if the Lessee pay certaine Moneys within the tearme that he shall have it in Fee he hath no fee forthwith but upon the payment but it seemes this varies from the remainder If a man makes a Lease for life upon condition that if the Lessor dye without Issue that then the Lessee shall have fee the Lessee enters into Religion and after the Lessor dyes without Issue and after the Lessee is drawne out of Religion he shall not have fee in so much that at the time of the condition the fee could norvest in him 21 H. 7. fol. 11. Gift is in taile upon condition that if he alien in Fee that his Estate shall cease and that this shall remaine to a stranger it is not good for an Estate of Inheritance cannot cease also it cannot remaine without particular Estate and it cannot be upon a condition repugnant Where your Tenant hath the fee in him in expectancy and not executed in him and where it is executed in him A Lease to the Father for life the remainder to the eldest Son in taile the remainder to the right heires of the Father the Father dyes and the eldest Son dyes
and this land intailed is delivered in execution and the Tenant in tail dies after that his issue may enter notwithstanding this Act without suing Audita querela 38 book of Assisse 5. Tenant in tail grants a rent charge and dies the issue enters and enfeoffes I. S. and takes back an estate the charge is determined for by the entry of the issue the rent was extinct notwithstanding execution upon the Statute was executed against the Feoffee of the Tenant in tail and not against his issue 14 Book of Assises 4. Inquire and see the case of Trapps Plow Com. f. 436. 5 H. 7. f. 12. Rent charge is granted by Tenant in tail and after he dies this is determined If issue in tail be outlawed of felony in the life time of his father and hath a Charter of pardon in the life time of his father and after the father dies the issue may enter otherwise it is if the Charter were granted after the death of the father for then if he enter the King shall seise for his life but his issue may enter 29 Book of Assises 60. If Tenant in tail be bound in a Statute Merchant and hath issue and dies and execution is sued against the issue this is disseisin to him 17 book of Assise 21. If Tenant in tail grant a Rent charge and dies the Rent is determined and shall not bind the issue 5 H. 7. f. 14. B. 38 Ed. 3. tit 13. Tenant in tail chargeth the land enters into a Statute or Recognizance and dies it shall be void against the issue If one recover against the Tenant in tail and the Tenant in tail dies before he which recovers enters or hath execution the issue in tail may enter and is not bound by that 7 H. 4. f. 17. B. Littleton f. 155. Tenant in tail of a reversion acknowledgeth that by fine to one with warranty and dies yet this shall not bind his issue for it is no discontinuance by the Common-Law 9 Ed. 4. f. 19. But by 32 H. 8. chap. 36. this fine with Proclamation is now a barr after the year Tenant in taile of Rent grants that to one with warranty and dies this shall not binde the Issue for it is no discontinuance but at pleasure that is if he bring a Formedon and then warranty with Assets is a Barr 15 Ed. 4. fol. 6. 21 H. 7. fol. 10. and 13 H. 7. fol. 10. the same If the Tenant in taile exchange or devise his land in taile and dies this shall not binde the Issue but that he may enter for it is no discontinuance 9 Ed. 4. fol. 22. Tenant in taile grants a Rent charge for release of right in the Land this shall binde his Issue after his death 44 Ed. 3. f. 22. 8 H. 6.23 If Tenant in taile be attaint of Felony and dies that shall not bind the Issue but that he may enter by the common Law 12 H. 4. f. 3. Nat. Bre. f. 102. the same Tenant in taile of full age le ts for 21. yeares according to the Statute of 32 H. 8. chap. 28. reserving the ancient Rent or more and dies this is a good Lease and shall binde the Issue If Tenant in taile let for 22. yeares and dies this shall not binde his Issue but he may enter and our the Lessee but yet he may have covenant against the Excutors of Tenant in taâ—le though it were not warranted in the Indenture 48 Ed. 3. fol. 2. 18 Ed. 3. Tit. 13. the same If the father Tenant in taile of land suffers recovery and execution and dies or cause collaterall warranty to he made one or other shall binde the Issue untill c. for it is discontinuance 3 H. 7. f. 13. The Issue in taile in Formedon may falsifie a recovery by default had against his Father and also where it is by fained action as there was a release made to his Father not pleaded and so recovery joynt Littleton fol. 155 The Issue in taile is not bound by a recovery against his Father but that he may say that his Father discontinued and took another intaile and so was seised of another intaile then he demanded time of the recovery 12 Ed. 4. fol. 15. and 13 Ed. 4. f. 1. the same The Issue in taile is not bound by recovery against his Father if his Father were not Tenant but one J.S. 14 Ed. 4. fol. 2. and fee Plowd Com. fol. 1. the case of Mansell If Tenant in tail infeoffs one against whom a Precipe quod reddat is brought or an entry in the Post and he voucheth the Tenant in taile which made the Feoffment and he over the common Vouchee this double Voucher is the most sure conveyance to Barr the Issue by reason of the recompence in value and this is the common conveyance at this Day where there is an Estate taile and this barrs the Issue in taile forthwith and also is a Barr to him which hath over that in remainder in taile by reason of the recompence which the first Tenant in taile hath by his Voucher 13 Ed. 4. f. 1. and 27 H. 8. Tit. Recovery in value 28. Recovery upon Voucher against Tenant in taile is a Barr by reason of the recompence in value and recovery by Writ of Entry in the Post by single Voucher doth but give the Estate which the Tenant in taile hath in possession at the time of the recovery so that if he were in of another Estate then in taile there the taile is not bound against the Heire 23 H. 8. Tit. 32. Note that a Fine levied by Tenant in taile where the remainder is to another in taile with Proclamations if he dye without Issue he in remainder hath five yeares to make his claime and for that recovery is better for it is a Barr forthwith 30 H. 8. Tit. Recovery in value 30. Of Lands in taile the Issue in taile shall be bound and charged of these Lands to the payment of Debt which his Ancestor ought by obligation made to the King as I take it 33 H. 8. chap. 39. inquire Land that a woman holds in Dower of her Husbands shall be charged where the Husband was indebted to the King if the Heires or Executors have not sufficient but where the title of Dower was before the Debt to the King otherwise it is Fitzh fol. 150. Q. It seems that the Heire in taile shall be charged for Debt due in the Exchequer to the King by his Father if the Executors have not sufficient Fitzh fol. 117. C. Notwithstanding if Tenant in taile Debtor of the King in the Exchequer dy his Issue shall not be charged as it is held in Plowd Comment fol. 249. See there 440. For Debt of the King against the Heire in Fee 32 H. 8. Tit. Discont 32. Recovery against the Tenant in taile the Reversion or remainder in the King in Fee shall binde the Tenant in taile and the Issue in taile but shall not binde the King but now
16. B. by Finchden If a lease be made of lands for years to A. the remainder to B. for life the remainder to the right heirs of B. and after B. takes a wife and dies during the term of years his Wife shall recover Dower But execution shall cease during the term of years Perkins fol. 67. A. 1 Ed. 6. tit 89. VVhere a woman is endowed of land which her Husband took in Exchange she shall not be endowed of the land given in Exchange 31 Ed. 2. tit Dower 204. 17 Ed. 2. tit Dower 162. the same VVhere the Husband holds joyntly with one and no partition made his wife shall not be endowed 8 Ed. 2. tit 167. Littleton f. 9. the same VVhere the Husband enters in Religion the heir shall inherit and yet his wife shall not be endowed for the wife may have him again out of Religion 32 Ed. 1. tit 136. Perkins f. 91. D. the same If the Husband be Tenant in common with two others in Fee and dies now his wife shall be endowed but not by metes and bounds Eitzberbert fol. 149. I Littleton fol. 9. the same If a villain takes a wife and purchaseth land and after the Lord enters and then the villain dies the wife shall be endowed 19 Ed. 2. f. 71. A woman of eight years three quarters at the death of her husband shall have no Dower Littl. 8. 12 Ed. 2. tit 159. the same A woman of the age of ten years at the death of her Husband shall be endowed 12 R. 2. tit 54. 8 R. 2. tit 122. the same VVhere the Husband hath an Office eo keep a Park to him and to his heirs his wife shall be endowed of that Pl. Com. f. 379. If the Lord enter for Mortmayn yet the wife of the Tenant shall have Dower Perk. f. 76. A. The same Law if the Lord recover against the Husband in Cessavit the Wife of the Tenant shall be endowed 34 book of Assise 15. where the Husband dies without heir and the land escheats the wife shall be endowed Tenant by the Curtesie surrenders to the Husband in reversion upon condition and enters for the condition the wife of him in reversion shall not be endowed 14. Ed 4. f. 6. VVhere a man enfeoffs one upon condition to re-enfeoff the feoffer again it behoveth that be made to a man unmarried or to a Chaplain that hath no wife for if it be to a man which hath a wife she shall be endowed 38. H. 8. tit Assurance 3.28 Book of Ass 4. the same Lands is mortgaged to the Husband and after the condition broken the Husband by agreement takes his money and dies his wife shall be endowed 42 Ed. 3. fol. 1. A woman hath title of Dower and enters upon the heir and enfeoffs him by Deed she hath given him her title of Dower included and is not now Dowable of that land 11 H. 7. f. 20. The husband Tenant in general tail makes a feoffment and takes back a special tail and his first wife dies and he takes another wife and he dies and his issue enters this second wife shall not be endowed for the heir was remitted 41 Ed. 3. f. 30. 46 Ed. 3. f. 24. the same VVhere land is given to the husband and his wife in special tail the remainder to another in tail the remainder to the right heirs of the husband and the wife dies and the husband takes another wife and dies living him in remainder the second wife shall not be endowed of that land 46 Ed. 3. f. 16. Land is given to the husband and K. his wife in special tail the remainder to the husband in general tail and K. dies without issue and the husband takes another wife and dies this second wife shall be endowed 50 Ed. 3. fol. 4. Where the husband and his wife have special tail the second wise shall not be thereof endowed 22 Ed. 3. fol. 9. B. Littleton 11. the same Where land is given to the husband and his heirs which he begets of the body of Margaret his wife which was dead at the time and he takes Eliz. and dies this second wife shall not be endowed 12 H. 4. f. 2. If a woman go away with an Adulterer into some land of her husbands and be not reconciled yet she shall not lose Dower otherwise it is if she were out of the lands of her husband 8 R. 2. tit 253. If a woman go away and dwell with an Adulterer she shall not have Dower But if she were carried away against her will and was carried 20 miles and returns and her husband dies she shall have Dower 43. Ed. 3. fol. 19. 47. Ed. 3. fol. 13. VVhere a recovery is by default or a reddition against the husband without title the wife shall have Dower 46 Ed. 3. fol. 23. VVhere a recovery is against the husband the wife is barred of Dower But if the recovery were by default it is remedied by the Statute and where by render is aided by the Common-Law and other recovery is not remedied Against whom Dower may be brought and what Assignement is good and what not WHere a Guardian in Socage endowes a Wife it seemes it is disseisin for a Writ of Dower doth not lye against a Guardian in Socage but against a Guardian by Knights service it lyeth 29 Book of Ass 68. Assignement of Dower by the Disseisor is good if it be not by Covin of the wife The same Law is by Abator or Intruder Perk. fol. 76. Assignement of Dower by the Tenant of the Freehold is good and ought to be by him 12 Ed. 3. tit 86. Perkins 78. the same Guardian in Socage cannot assigne Dower but Guardian by Knight service may 3 Ed. 3. tit 108. Perkins fol. 78 G. It appeares that Guardian by Knights service may assigne Dower Fitzh fol. 148 A. Where the Husband was seised of diverse Tenements and Manners and the Sheriff assignes the VVife which recovers one Mannor and a whole Advowson it is good for it is an infinite work to assigne part of every Acre 12 E. 4. fol. 2. If the Husband hath three Mannors and during the marriage charges them with a Rent and dyes if the wife take the third part of every Mannor she shall hold it discharged but if she take one Manner onely she shall hold two parts charged 17 Ed. 2 tit 164. It seemes it is good barr in Assignement that her Husband before the marriage granted by Deed to her a Rent in the name of Dower to which she agreed after his death 20 Ed. 4 fol. 3 in Dower but inquire Rent assigned out of Land of which she is dowable without Deed is good but out of other Land it is not 33 H. 6. fol. 2 B. Assignement of Rent out of the same Land of which she is Dowable is good barr in Dower if shee agree 7 H. 6 fol. 36. Perkins fol. 76 D. the same If a woman recover in a VVrit of Dower shee
the intaile is determined the Lease is determined and void 1 Ed. 6. tit acceptance 19. Lease for yeares and so from yeare to yeare as long as both parties pleased after he hath entred into every yeare it is a Lease for that yeare and a Lease for a thousand yeares is good 14 H. 8. f. 1. Lease for three hundred yeares is good and is but a Chattell notwithstanding the long time 32 Book of Assises 6. If a man lets for sixty yeares and so from sixty yeares to sixty yeares untill two hundred yeares be ended this is also one self same Lease and good 29 H. 8. tit Lease 49. and Plowdens Commentaries 273. the same The Husband and his Wife purchase to them and to the Heires of the Husband and after the Husband lets for yeares and dies the Wife may enter and avoid the Lease for her Life but if she dy before the residue of the Tearm it is good to the Lessee against the Heire of the Husband 33 H. 8. tit Lease 58. And note by all the Justices that the Guardian by Knight Service shall not out the Termor where he hath a Lease of his Tenant which dies his Heire within age contrary was the Law in times past as it appeares before in the title Ward VVhere it is agreed and granted to J.S. that he shall have twenty Acres in D. for twenty yeares this is a good Lease for this word Concessit is as strong as devised 37 H. 8. tit Lease 60. If one license one to enter and to occupie his Land for years it is a Lease for yeares in Law 10 Ed. 4. f. 4. 5 H. 7. f. 1. the same Tenant in taile lets for twenty two yeares rendring Rent and dies and the Lessee lets that over for ten yeares and the Issue accepts the Rent of the second Lessee this is no confirmation of the Lease for there is no privity betwixt the second Lessee and him 32 H. 8. Tit. Acceptance 13. A man lets for ten yeares and the next day lets the same Land to another for twenty yeares this is a good Lease for the last ten yeares of the twenty yeares which are ended after the first ten yeares 26 H. 8. Tit. Lease 48. See the time of H. 8. Tit. Lease 35. Weston saith If I let for so many yeares as J.S. shall name and after J.S. in my life time names certaine years the Lease is good for those yeares Plowdens Commentaries 273. A man lets a House with the Appurtenances no Land passes but if a man lets a House with all the Land to the same belonging there the Lands with that used passe and it is a good Lease of those Plowd Com. f. 273. 31 H. 8. tit Lease 55. See Plowd Com. 85. b. and f. 170.23 H. 8. tit Feoffments 53. If a man lets for life to J.S. and the next day lets to W. N. for yeares the second Lease is void if it be not granted of a Reversion 37 H. 8. tit Lease 48. A man lets for yeares to have after the Lease thereof made to J.N. ended and in truth J.N. hath no Lease this begins forthwith 3 Ed. 6. tit Lease 62. A man hath a Lease for yeares as Executor of J.S. and after purchaseth the Reversion the Lease is extinct and determined yet it may be assets 4 Ed. 6. Tit. Extinguishment 24. Leases made by a Bishop otherwise then for 21. yeares or three lives from the time that such Lease begins and where upon the old Rent is not reserved is void 1 Eliz. not in Print and for that a Lease made for thirty yeares by a Bishop and confirmed by the Dean and Chapters under their Seale shall not binde their Successor but if the Bishop Dean and Chapter joyne in a Lease for thirty yeares this is a good Lease notwithstanding this Statute And see Pulton tit Ecclesiasticall persons What Lease by Spirituall persons is good and what not And see 13 Eliz. chap. 10. That a Lease by Bishop Dean and Chapter for longer time then twenty one yeares or three lives is not good and by 14 Eliz. chap. 11. They may make a Lease of Houses in Cities and Borroughs for forty years and by 18 Eliz. chap. 11. They cannot let where there is an old Lease which hath continuance for three yeares or more A man possessed of a Tearm for forty yeares grants so many of them to J.S. which shall be behinde at the time of his death and it seems it is void for the Incertainty otherwise it is if it were by devise But if a man lets his Land to have after his death for forty yeares this is good for this is certaine 7 Ed. 6. tit Lease 66. See 8 H. 7. fol. 4. Grant of Rent but if a man let for life and foure yeares over is good Tenant which holds in cheife dies his heire before Livery sued makes a Lease for yeares this is good if no Intrusion be found by Office and if after the Lease the dying seised be found by Office and no intrusion it hath no relation to the death of the Ancestor unlesse for the profits and not to defeat the Lease 5 Ed. 6. Tit. Lease 57. Tenant at will What acts Tenant at will may do and what to him and what by him are good and what not IF Tenant at will lets for yeares in his own name He is a Disseisor 12 Ed. 4. f. 12. Release made to the Tenant at will by the Lessor is good Lit. f. 108. If one alien his Mannor there need not that Tenant at will attoin Lit. f. 125. Tenant at will cannot grant over his Estate to any for he hath no Interest certaine 27 H. 6. f. 3. B. If a man lets to one at will the Lessor dies the will is determined 21 H. 6. f. 42. If Tenant at will be outed this is Disseisin to the Lessor and yet the Tenant at will may enter without commandement of his Lessor for the will continues 38 H. 6. fol. 28. If Tenant at will make wast action upon the case lies against him and not wast 48 Ed. 3. f. 25. 11 H. 6. f. 38. the same See Lit. f. 15. 12 Ed. 4. f. 8. the same 22 Ed. 4. f. 5. Trespasse lies 14 H. 8 f. 12. By Brown If Tenant at will makes wast action upon the case lies and by Roo if my Father lets at will and dies the will is determined Littleton fol. 14. If Tenant at will makes voluntary wast he saith that the Lessor shall have an action of trespasse but it seems he intended trespasse upon the case 48 Ed. 3. f. 2. Action upon the case lies against Tenant at will which makes wast in burning of Houses willingly and not action of wast 2 Ed. 4. fol. 5. By Littleton If I deliver to you my Gown and you burn it action upon the case lies and not trespasse By force of Armes 43 Ed. 3. f. 30. If one hath Goods by delivery trespasse doth not lye against him but
a man pleads death of the Defenfendant hanging the Writ he shall not plead that after the last Continuance for that by this the Writ is abated in deed contrary of a Plea which proves the Writ abateable 34. H. 6. fol 49. At the day of Nisi prius the Defendant pleads to the Writ that one of the Plaintiffes was dead after the last continuance at D. in the County of Darby Judgment of the Writ and the Plea recorded and the matter adjourned and had that Plea 14 H. 6. fol 9. 38. Ed 3. fol 5. Precipe by a Woman the Tenant tenders his Law of not summoned and at the day was essoyned and at the day saith that the Demandant took a Husband after the Law tendered and for that that he did not say after the last continuance that is after the essoyn it was held no Plea 4. H. 7. fol 8. A man shall have but one Plea after the last continuance 38. H 6. fol 33. the same 16 Ed 4. fol 5. A man may plead a Plea after the last continuance after Issue joyned and in another Tearm till Verdict but not mean between Nisi prius and the day in Bench. â— H. 7. fol 8. A man shall not have a Plea after the last continuance unlesse such Pleas which were not in being at the time of the first Plea for otherwise it is not after the last continuance Maintenance In so much that Maintenance may be the better avoided let us see what maintenance is forbidden by the Law THat no Clark of a Justice or Sheriffe shall not maintain parties in quarrels nor in businesses which are in the Kings Court West 2. chap 28. That none of the Kings Counsellors nor none of his house nor none of his other servants nor no great ones of the Land by sending of their Letters nor in other manner nor no other of the Realm shall not undertake to maintain quarrels nor parties in the Country in disturbance of the Common Law 1 Ed 3. chap 14. See 20 Ed 3. chap 3. That no Counsellor Officer or Servant nor any other persons shall not uphold or maintain any quarrels by maintenance in the Country nor elsewhere first of R. 2. chap 4. That henceforth none buy or sell or take promise grant or Covenant to have Mannors Lands Tenements or hereditaments But if such person which sells their Heirs or they by whom they claim have been in possession of the same or of the reversion or remainder of that or hath taken Rents or profits of that by the space of one whole year next before that bargain Covenant Grant or promise made upon pain of him that bargains to forfeit the value of the Lands And the Buyer also knowing that to forfeit also the value of the Land the one half to the King the other to him which will sue for the same within one year after the same offence And it is also Enacted that none from henceforth unlawfully maintain or cause or procure any unlawfull maintenance in any action or complaint in any of the Courts of the King of the Chancery Starr-Chamber White-Hall or otherwhere within the Kings Dominions where they have power to hold Plea of Land by Commission Patent or Writ And also that none shall instruct Jurors or subborn Witnesses by Letters Promises or by any other sinister labour or means to maintain any matter or cause or to hinder Justice or to procure or occasion any manner of perjury upon pain of forfeiture for every such offence 10 l. one half to the King and the other to him that will sue for the same within one year after the same offence 32. H. 8. chap 9. If one will say he will maintain and doth it not he shall not be punished for maintenance And Champerty lies where one purchases hanging the Suit 9. H. 7. fol 18. See 3 H. 6. fol 53. It seems it is no maintenance to give money before a Suit begins but hanging the Suit Maintenance the Writ was in Plea which was hanging he maintains and it is good and it seems it is better to say in Plea which was hanging 10. H. 7. f. 27. It seems one may covenant to have part of an Obligation when it is recovered for travelling with an Alien which cannot speak English nor Latine to his Counsell so one may covenant with one indebted to him and deliver him the Obligation of another in satisfaction of his Debt to sue in his name and notwithstanding that he paid Counsell it is no Champerty Every Champerty implies in it Maintenance but not of the contrary and he to whose use and every one that hath lawfull Interest in the Land may maintain 15 H. 7. f. 2.34 H. 6. fol. 33. the same By Fineux If a Servant be arrested for Debt or other thing in London or other Franchise the Master may maintain him and spend of his proper money for losse of his Service Inquire But otherwise it is in Precipe 21 H. 7. fol. 40. B. See 21 H. 6. fol. 19. by Newton By Newton and Paston Servant may pray one skilled in the Law to be of Counsell with his Master but a stranger cannot pray one to be of Counsell with my Adversary for he hath nothing to do 21 H. 6. fol. 19. If a man be at the Barre and another informs the Court that this man can declare the truth and pray that he be sworn and by the commandement of the Court he swears this is Maintenance iustifiable but if he had said for one or the other of his own head this is Maintenance punishable the same Law if he informe a Jury sworn of his own head it is Maintenance punishable 28 H. 6. f. 6. The Master may pray one skilled in the Law to be Counsell with his Servant and this is Maintenance iustifiable but he cannot give of his own proper goods to distribute to men of the Countrey for maintaining his quarrell for then he meddles with a thing forbidden by the Law and by Prisot he may iustifie giving money to Lawyers to be of Counsell with his Servant but not to give money to others not learned in the Law 28. H. 6. fol. 12. By Fortescue Master may pray one learned in Law to be of Counsell with his Servant but not to give to them money unless it be of his Wages and he saith one skilled in the Law may be of Counsell without a Fee Inquire 31. H. 6. f. 2.36 H. 6. fol. 29.3 H. 6. f. 55. Maintenance one may iustifie for that he is his Servant but he cannot give money Maintenance Defendant iustifies that he is a Bail and that he came to the Defendants Attorney and prayed him to be carefull the which is the same Maintetenance by Prisoâ— it is not good to say it is the same maintenance for this is no Maintenance for every stranger may pray the Attorney for it is the part of an Attorny to attend to that and for that it is no Maintenance 32 H. 6. f.
and this was the Counterplea to out him of the View 5 H. 5. fol. 4.9 H. 4. f. 9. 44 Ed. 3. fol. 31. Dower of Rent for that that the Husband was seised of Land he was outed of the View by statute 21 Ed. 4. fol. 26. Dower where the Husband dies seised and in Assise where Jurors have the View and where the Tenant takes knowledge of the Land in Demand as in action against two One saith that he is Tenant of all in these Cases he shall have no View 33 H. 6. f. 57. Dower of Lands in diverse Townes and to parcell the Tenant pleads Barre and demands the View in one Town and shall not have it for that that he hath notice of parcell 9 H. 6. f. 65. Wast if six of the Jurors have not the View the Inquest shall not be taken 9 Ed. 4. fol. 1. In Waste and Assise the Jury shall have the View 21 Ed. 4. f. 26. 3 H. 4. f. 16. In Attaint upon verdict of Assise the Jurors shall not have View for in this Writ it is not let them see the Land and yet in Assise and Certificate in Assise the Jurors shall have the View 7 Ed. 4 f. 1. 22 H. 6. fol. 27. Entrie in two Acres and the Tenant pleads in Barr to one and demands the View of the other and shall not have it for he hath taken notice of parcell and intended of all 2 H. 4. f. 26. 7 H. 4. f. 9. Defendant shall not have View in an Action upon the Case for that that it is personall 7 H. 4. f. 32. the same 46 Ed. 3. fol. 27.29 Ed. 3. fol. 43. the same 3 H. 6. fol. 34. The statute is for ill naming the Town by non-tenure and such like if the Writ abate after the View he shall not have the View in the second Writ and yet said that if the first Writ abate for false Latine that he shall not have View in the second Writ but where the first Writ abates for form as where the name of the Wife was put in the Writ before the name of the Husband he shall have View in the second Writ for that vests the fault in the Partie 10 H. 4. fol. 6. Precipe The Tenant hath View in the second Writ where the first was discontinued after the View 12 H. 4. fol. 4. Precepe against two where one dies after the View and the Writ abates yet in the second Writ against him which is alive he shall have View 12 H. 4. fol. 11. Where the first Writ abates for false Latine and by Thirne hath the View in the second Writ Seek 13 H. 4. fol. 8. He hath the View in the second Writ where the first was abated by excepion of the Tenant 13 H. 4. f. 14 The Tenant hath the View in the second of VVrit of 6 Acres where he had the View in the first Writ of 6 Acres abate 42 Ed. 3. fol. 23. Precipe where after the View the first VVrit abates by death and in the new by miscounts he shall not have View 43 Ed. 3. fol. 35. 42 Ed. 3. f. 33. Precipe abates by false Latine and in a new by miscounts he shall not have the View 7 H. 6. f. 36. the same 46 Ed. 3. fol. 16. In a VVrit of Besayle he shall not have the View where he had View before in a VVrit of Cozenage which was misconceived before of the same Land and for that abates 46 Ed. 3. fol. 34. In a dum fuit infra Aetatem the Tenant shall not have the View where a dismission was made to the Tenant by his Ancestor 48 Ed. 3. fol. 31. In a dum fuit infra Aetatem the Tenant shall not have the View for he is out by the statute 29 Ed. 3. fol. 39. In dum fuit infra Aetatem in the per and cui the Tenant shall have the View otherwise where it is in the per onely for he is there outed by the statute 22. Ed. 3. fol. 9. Precipe The tenant hath the View and after the Demandant was non-suited and after brought another VVrit and the tenant demands another time the View and had it 24 Ed. 3. fol. 48 Precipe the tenant abated that by waging of Law of not summoned and yet in another brought freshly he shall have the View but he had not that in the first 38 Ed. 3. fol. 1. Precipe Against Husband and Wife they have the View and the Husband dies and in a new Writ freshly brought the Wife demanded the View and was outed for it is not necessary 29 Ed. 3. fol. 22. 38 Ed. 3. fol. 41. VVhere the first VVrit abates by no such Town where he had the View and yet in the second VVrit he shall have the View 30 H. 7. f. 8. Cui in vita the first VVrit abates after the View for that he did not shew of whose Demise he claimed in the second VVrit he was outed by Fineux and Davers and by Vavisor said he shall have the View in the second if the first were not abated for any cause which comes upon the View unlesse it were by death abated 41 Ed. 3. fol. 8. Quod ei deforceat The Defendant shall not have View for he is outed by the statute 41 Ed. 3. fol. 30. the same 44 Ed. 3. fol. 42. the same 41 Ed. 3. fol. 8. Quod ei deforceat The Defendant shall not have the View for he is outed by the statute 41 Ed. 3. fol. 30. the same 44 Ed. 3. fol. 42. the same 41 Ed. 3. f. 22. Assise of Nusance the Defendant shall have the View 46 Ed. 3. f. 27. Curia claudenda the Tenant shall have the View 48 Ed. 3. f. 4. Gessavit the Tenant shall have the View where it is of his own ceasing where he is Tenant of the Land and not Tenant to the Lord for he is as a stranger 2 H. 4. fol. 6. Cessavit of the Seisin of his Father and of his own ceasing he shall not have View for that it is of his own wrong 7 H. 4. f. 16. the same 2 H. 4. f. 14. 37 H. 6. fol. 28. Cessavit where it is of his own ceasing he shall not have the View 4 H. 6. fol. 29. the same 7 H. 6. fol. 47. Entry upon disseisin of Rent the Tenant hath View of the Land out of which the Rent is issuing 8 H. 6. fol. 66. the same 35 H. 6. fol. 70. Entry in the quibus of a Mannour said that the Tenant shall not have the View for he is in by wrong 28 H. 6. fol 1. the same 3 H. 4. fol. 16. Assise Jurors have the View but the Tenant shall not have the View 6 Ed. 4. fol. 1. Quod permittat the Tenant shall have the View though it be in Debet solet which is of possession and not of Right 30 Ed. 3. fol. 4. 2 H. 4. fol. 14. Quod permittat of turning water View was demanded in this VVrit and he had it 8 H. 6. f.
he should pay twenty shillings and counts that he made wast in sale and for that that he doth not count how it is not certaine and not good 9 H. 6. fol. 11. Decies tantum for imbracing and counts that at D. he hath taken Money to imbrace but for that that he doth not count that he hath imbraced nor how or where he imbraced it is not good 37 H. 6. f. 31 Deceit against an Attorney for acknowledging satisfaction and ought to count where he was not satisfied for otherwise it is uncertaine and shall not be implyed and intended 11 H. 6. f. 2. B. Rescous and counts that he distrained for Rent c. and for that that he doth not count which were the daies of payment it is not certaine and is not good 8 H. 4. fol. 1. VVhere one Avowes for that that he held of him by the third part of the fee of Knights Service and for that that he doth not shew by what manner of Knights Service it is not good 12 H. 8. f. 13. Debt by Stradling and counts of taking excessive fees in paying Pensions where the Defendant was receiver of the Mannors of D. and S. in the hands of H. 8. and for that that he doth not count that they continued in the hands of Ed. 6. it is not good for the Statute was made in the time of Ed. 6. that if any Receiver of the King took c. he should pay for every penny six shillings eight pence and that might have two meanings one with the Plaintiffe the other against him and for that it is not good P.C. fol. 202. Forging of Deeds the Writ is divers false Deeds and counts of a Deed of Feoffment and of a Writing and assurance of a Letter of Attorney and for that the Count is not good 35 H. 6. fol. 37. b. Debt The Plaintiffe counts upon a Lease made by him and E. late his Wife by Deed indent and counts for the Rent behind and though he do not count that his VVife was dead yet it is good for it cannot be by reason but she is dead 9 H. 6. fol. 11. b. and 8 H. 5. fol. 4. Account the Plaintiffe counts that the Defendant was his Receiver such a day till the Feast of Saint Michael and there are two Feasts of Saint Michael that is Michael in Tumba and Michael the Archangell and though it be not at which Saint Michael it is good and shall be intended Michael the Archangell which is more known and the more observed Feast 20 H. 6 fol. 23. Trespasse and counts that the Defendant entered into a Warren at D. and drove away the Conies and not say drove them away there and yet it is good and shall be intended there 44 Ed. 3 fol. 12 Where he confesses and avoids he need not Traverse DEtinue of finding a Box sealed with Writings the defendant saith that they were delivered in pawn to him for a hundred Shillings and if he pay that he would redeliver him it and it is good without Traverse for he confesses and avoids the Plaintiffe 21 Ed. 4. f. 19. Detinue of a Chest ensealed with VVritings The Defendant saith that the VVritings which he had were in a Box ensealed and the Plaintiffe lent him a hundred Shillings and delivered this Box to him in Pawn without that that he detains a Chest and it is good and it is good with Traverse otherwise not 22 Ed. 4. f 7. Trespasse of breaking his House and taking his Goods there the Defendant saith that his VVife was Executrix and that they were the Goods of the Testator and the Doore was open and he entered and took them and this is good without Traverse for he hath confessed and avoided 2 H. 6. f. 15 B Trespasse of his Goods taken the Defendant saith they were delivered to him by a Replegeare and it is good without Traverse 7 H. 4. f. 15. 44 E. 3. f. 20 Trespasse of his Goods taken the Defendant saith they were delivered to him upon an Execution upon a Recovery and this is good 40 E. 3. f. 21. 44 E. 3. f. 20 Trespasse of Close broken the Defendant saith that he had a way there by Prescription to his Mannour which he used and ought there to traverse without that he broâ—â—â— down for the other is not breaking down 8 H. 5. f. 2 13 H. 8. f. 14 Quare impedit against J. Hecker of an Advowson appendant the Defendant saith that it is an Advowson in grosse and that W. S. his Master presented W. S. and that he died and J. Hecker was chosen Master and presented J. Hecker the Defendant and for that he hath confessed and avoided the Plaintiff for gaining of Possession and for that he need not any Traverse 10 H. 7. f. 27 Quare impedit and counts of an Advowson in grosse the Defendant saith that it is appendant to a Mannour which descended unto him and he ought to traverse 5 H. 7. fol. 12 Trespasse Defendant saith that Nicholas his Grand-father was seised in Fee and died seised and that descended to his Father and he entered and by Protestation died seised and that descended to him Plaintiff saith that J. S. gave to Nicholas in Tail and that descended unto him as Son and it is not good without traversing the Dying seised in Fee of Nicholas or confesse and avoid it Trespasse the Defendant pleads a Grant made to him by E. and the Plaintiff pleads that H. 6 by Authority of Parliament granted that to him and is good for that confesse and a voyds the Grant 7 H. 7. f. 15 Quare impedit against a Prior the Plaintiff counts that he was seised of an Advowson in grosse and presented the Defendant saith that he was seised in right of his Monastery in grosse and presented J. and after his Predecessor granted the next Avoidance to the Plaintiff and to the Presentee A. and good for he hath confessed and avoided 26 H. 8. f. 5 Trespasse the Defendant conveyes the Land to her as Sister B. the Plaintiff saith that B. had Issue a Daughter and that he as Guardian in Socage entered and it is good without traverse for he hath confessed and avoided 19 H. 8. f. 11 B. Assise the Tenant pleads that J. S. infeoffed him the Plaintiff saith that well and true it is that J. S. infeoffed you but it was upon condition and that J. S. entered for the condition and infeoffed the Plaintiff and this is good for he confesses and avoides the Defendant 6 H. 7. f. 8 Forging of Deeds and counts that the Defendant hath forged a Deed by which J. Beak infeoffed W. T. the Defendant saith that long time before the Plaintif had any thing that J. Beak infeoffed W. and Alice his Wife which died and the Defendant as Heir of W. read and proclaimed the Deed and ought to traverse forging for where the Defendant justifies a thing prohibited by the Law in a speciall manner he ought to traverse as
he was possessed it is good and though it appear upon the Evidence that the Bargain was made beyond Sea and not in London yet for that the place is not local it is not material and though they were robbed upon the Sea the Action lies in London upon the Assumpsit 34 H. 8. Tit. 107. 40 Ed. 3. fol. 2. Precipe against H. Son of W. Osmond the Tenant at the great Cape came before he saved his default and saith that his Father is named Edmond and not Osmond and shall have that Plea before he save his default and that is material for mischeif of the Warrant 40 Ed. 3. f. 48. 41 Ed. 3. fol. 15. Ravishment of J. Heir to his Father where he was Heir to his Father and Mother for the Lands were given to the Father and Mother and to the Heirs of their two Bodies and the Mother survived and yet it is good for the Action is personal and it is not material if he be named Heir to one or other 43 Ed. 3. fol. 4. the same 3 H. 7. f. 14. Where a Jury appears and notwithstanding the Distresse for the Jurors were not wâ—ll returned it is not material and for that it shall not be assigned for Error 21 H. 7. fol. 36. It seems in the Case of a Lease of Common except profits that where a Lease is pleaded to be made one day and it is found by Verdict to be made another day the day is not material and the party shall recover and where Trespasse is alleadged to be made one day and it is found to be made another it is not material but the party shall recover 33. H. 7. f. 11. In an Obligation one is named of D. he is not estopped to say that he is dwelling at S. and not at D. for it is a recitall not materiall 34 H. 6. f. 21. Debt against J. wikes at Bristoll 38 H. 6. f. 9. The Array was challenged for that it was made at the denomination of the party by one J. S. the Sheriffs Clerk and given in Evidence that it was made at the denomination by the Baillff of the Franchise and that is good Evidence for the substance and effect is if it were made favourably or not and the other is not materiall 32 H. 6. fol. 3. The Original in Debt is two and forty pounds and there is a Supersedeas sued upon that for that the Defendant is Clerk of the Chancery and the Supersedeas doth mention four and forty pounds and yet for that he is a Clerk of the Chancery hath the priviledge allowed and the other is not material 36 H. 6. f. 2. Debt upon a Recognisance the Defendant pleads no such Record and it is certified Recognisance upon Condition not expressed and the Plaintiff shall recover otherwise it is if it were certified upon Condition therein 42 E. 3. f. 3. Covenant by one as Heir where a Covenant was made to his Father and his Heirs to sing Divine Service within his Mannour he need not to be named Heir whether he be named Heir or not it is not material for if he be Tenant of the Land it shall not abate for that for he that hath the Mannour shall have this Covenant for the thing is to be done upon the Land 44 Ed. 3. f. 38. 44. Ed. 3. fol. 45. Assise of Tenements in Belham Defendant pleads Recovery of the same Lands put in View in Eston and for that that the Town is not material in Assise for he shall recover by View of the Jurors is good 6 H. 7. fol. 6. Appeal against J. Hasset Cannon of the Monastery of W. the Defendant saith no such J. Hasset Cannon of the Monastery of W. it is not good for if he be Cannon or not it is not material but no such J. Hasset as is supposed by the Writ 10 H. 7. f. 27. 3 E. 2. tit Escheaâ— 8. In Escheat the Plaintif counts that his Tenant committed Felony for which he was attaint and the count was challenged for that he doth not say for what Felony and yet it is good for it is not materiall for what Felony it was 7 H. 4. f. 1. Debt by a woman Defendant pleads that shee is out-lawed at the Suit of J.S. and the Plaintif pleads no such Record and she was out-Lawed at the Suit of N.S. and she shall not be answered for it is not materiall at whose Suit she was out-Lawed 4 Ed. 4. fol. 29. Obligation is W.N. to be bound to J.S. and is to be paid to W. N. where it should be J. S. and this to be paid is not materiall for the Obligation is good without to be paid and may count solvendum J. S. and it is good 7. Ed. 4.5 Hominereplegiando by an Abbesse they were at Issue and it is a principle challenge that one of the Jury was cozen to a Nun of the Abbesse and it shall be tried if he were Cozen or not and it is not materiall how he is Cozen. 9 Ed. 4. fol. 4. A man is bound in an obligation the condition of that is if he go to the Church and marry his Daughter c. and he rides and marryes her that sufficeth and the other not materiall for the Marriage is the substance and not going or riding to do it 10 Ed. 4. fol. 13. Detinue against J. Curson and the writ was command J. Curson Son and Heire of J. Curson where in truth he was Son of William Curson and the Plaintiff counts of delivery of Goods and for that it is not materiall 12 Ed. 4. fol. 1. Trespasse of Goods taken the Defendant saith that in London there is a Market every day but Sunday and that J.S. sold them to him upon a Fryday and though he do not shew what year it is good for it is not materiall 22 Ed. 4. tit 128. Shewing of Deeds trespasse by Admistrator and counts of Goods taken out of his own possession he need not shew Letters of administration for that it is of his own possession and is not materiall 38 Ed. 3. tit 14 Detinue of writings by J. Son of T.W. it is no Plea that the Plaintif is a Bastard for he demands but Chattells whereof he was in possession and it is not materiall 15 H. 7. f. 11. Trespasse where the Defendant conveyes to him title by diverse scoffments of strangers the Plaintiff may traverse any which he will but if he convey any title from the Plaintiff himself that is more materiall and traversable 3 Ed. 4 fol. 19. Trespasse the Defendant saith that J.S. gave in taile to his Ancestor which dyed seised and this discended to him the Plaintiff saith that he was seised in Fee in right of his Church till the Defendant outed him and ought to traverse without that that J.S. gave in taile c. For this is most materiall 15 Ed. 4. fol. 2. the same 26 H. 8. f. 1. The King recites that for the good service that he had done in the Warrs
the said C Count. and A the tenements aforesaid with the appurtenances as his right and Inheritance saying that one W H was seised of the tenements aforesaid with the appurtenances in his demesne as of Fee at the will of the Lord according to the custome of the manner aforesaid And so being seised according to the custome of this Mannor time out of mind used and allowed at the Court of the Mannor held at J within the precinct of the Mannor the aforesaid Tuesday next after the feast of P the year of the Reign of our Soveraign Lady Queen Eliz 22. by J.A. and T P deputy Bayliffes of the Mannor aforesaid in the presence of T C T S R L J M Y R. and J B are tenants of the Lord of the Mannor aforesaid surrendred into the hands of the Lord the tenements aforesaid with the appurtenances to the use and behoof of one M then the wife of the aforesaid W H to be held for tearm of her life and after the decease of the said M the aforesaid Tenements with their appurtenances should wholly remain to one J H. son of N H brother of the aforesaid W H and to the heirs of his body lawfully begotten and for defect of such Issue of the said J the aforesaid tenements with the appurtenances should wholly remain to one E H daughter of the aforesaid W to be held to her and her heirs of her Body lawfully begotten and for defect of such Issue of the said E. the aforesaid tenements with the appurtenances should wholly remain to the right heirs of the aforesaid W H and his heirs for ever By vertue of which surrender the aforesaid M was seised of the tenements with the appurtenances in his deinesne as of freehold at the will of the Lord according to the custome of the Mannor aforesaid in the time of peace time of the aforesaid Queen Elisabeth taken then the profits to the value c. And from the said M. remained right by the form of the surrender aforesaid according to the custome of the Mannor aforesaid J H by which the said J was seised of the tenements aforesaid with the appurtenances in his demesne as of fee tayl at the will of the Lord according to the custome of the Mannor aforesaid by forme of the surrender aforesaid in the time of peace in time of our Lord Edward late King of England the second taking then the profits to the value c. and from the said J after the death of the aforesaid Elizab for that both of them the aforesaid J. and E dyed without heirs of their body lawfully begotten the right remainder by the forme of the surrender aforesaid according to the custome of the Mannor aforesaid to the said R H which now demands that is to say as the son and heir of W F brother and heir of the aforesaid W H and therefore produceth this Suite Plaints of Mortdancester R. C Complains against W L and E his Wife of a Plea of Land that is to say of one house 30 Acres of Meddow and a 100 Acres of Pasture with the appurtenances in J within the Jurisdiction of this Court and made protestation to prosecute his complaint in forme and nature of a Writ of the Queens Assise of the death of his Ancestor at the Common-law c. And desired processe for that to be made according to the custome of this Mannor in form and nature of this Writ aforesaid to be directed to the Bayliffes and Officers of this Court. And that the said Bayliffe and Officers by the command and precept of the Lord of this Mannor Where all are Copiholders and according to the custome of the said Mannor should summon by good summons twelve honest and lawfull men of the homage of this Mannor at the next Court to be kept within the Mannor ready to know by their Oath if R C Father of the aforesaid R was seised in his demesne as of fee at the will of the Lord according to the custome of the Mannor the day that he dyed of and in one house 30 Acres of Medow and a 100 Acres of Pasture of customary Lands of this Mannor with the appurtenances called C. within the jurisdiction of this Court the day that he dyed And if the said R. the father dyed within 50 years now last past and if the aforesaid R the son be the next heir of the aforesaid R the father and in the mean time they should view the Lands and Tenements aforesaid And that they should summon by good summoners the aforesaid W and E which hold the said lands and tenements that they should be here to hear the Recognitors and should find sureties to prosecute their Suite aforesaid J. D R R. And late here at this Court came the aforesaid W J in his own person Bar. and saith that the aforesaid R father of the said complainant was not seised in his demesn as of fee at the will of the Lord according to the custome of this Mannor day that he dyed of the aforesaid house and 30 Acres of Meddow and a 100 Acres of Pasture with the appurtenances in manner and forme as by the aforesaid complainant is first supposed and this he desires might be inquired by the Assise and the said Complainant likewise Entry in the by and to whom TO this Court came J N in his proper person complaineth against T M of a Plea of Land that is to say of one house one garden and one Orchard with the appurtenances and found sureties to prosecute his suit aforesaid that is J D. and R R. and doth protest to prosecute his suite aforesaid of the aforesaid house garden and orchard with the appurtenances in J in nature and forme of a writ of entrance of our Lady the Queen in the by and to which Saying that the said house and garden with the appurtenances are his right and Inheritance according to the custome of the Mannor aforesaid and into which the aforesaid T M hath no entry but by El late the wife of W M and the daughter of R P to which aforesaid R P. and M his wife they demised which since unjustly and without judgement disseised R N by rem of the said J N within 50 years last expired c. And desires processe thereof to be made to him against the aforesaid T M according to the custome of the Mannor therefore according to the custome of the Mannor it was commanded J B under Bayliffe of the said Mannor and Officer of the Court aforesaid that according to the custome of the Mannor aforesaid he should summon by good summoners the aforesaid T M that he should be here at the next Court that is the fourth day of M. next comming here to be held to answer to the aforesaid J N of the Plea aforesaid c. The same day is given to J. N here c. To this Court came A B Citizen and Mercer of L.
Common Recovery in a Right Patent in proper person and complained against W W of a Plea of land that is of one house one garden and one Acre of land with the appurtenances in J held of this Mannor by copy of Court Roll of this Mannor and made protestation to prosecute his complaint aforesaid in the Court aforesaid in forme and nature of a Writ of one Lady the Queen of right Patent at the Common-law according to the custome of the Mannor aforesaid And found pledges to prosecute his complaint aforesaid here in the said Court that is J D and R F and desired processe thereof to be made to him against the aforesaid W W according to the custome of the Mannor aforesaid therefore according to the custome of the Mannor aforesaid it was commanded J S Bayliffe of the Mannor aforesaid and Officer of this Court that he should summon the aforesaid W W so that he should be here at the next Court of this Mannor aforesaid here that is the Saturday the fourth day of J to be held to answer the aforesaid A B of the Plea aforesaid and that he then have there the names of the summoners and this precept And the same day is given to the demandant here c. And late that is to say to this Court came the aforesaid W W in his proper person and in the full Court here gratis offered to answer to the aforesaid A B of the plea aforesaid by good summonitors that is J D and R. R according to the custome of the Mannor aforesaid and upon this lately to this Court the aforesaid A B that is in proper person came and demanded against the said W W the house aforesaid the garden and acre of land aforesaid with appurtenances in J aforesaid held of this Mannor by Copy of Court Roll as his right and inheritance and whereof he saith that he himself was seised of the tenement aforesaid with the appurtenances in his demesne as of see and right according to the custome of the Mannor aforesaid in time of peace in the time of our Lady the now Queen taking the profits to the value c. And that so is his right he offereth c. And the foresaid W W came and defendeth his right when c. and this seisin of which seisin c. As of fee and right c. and especially of the tenements aforesaid with the appurtenances and all c. And puts himself upon the homagers aforesaid of our Queen of this Court aforesaid according to the custome of the Mannor aforesaid and desires an acknowledgment to be made whether he hath more right to hold the tenements aforesaid with the appurtenances as he holds or the aforesaid A. B. to have the aforesaid tenements with the appurtenances as he above demandeth c. And the aforesaid A B demandeth license to consider thereof till the 11th houre before noon of the same day and had it c. And the same houre was given to the aforesaid W here c. And after the said A B returned here into the Court the self same day at the aforesaid houre in proper person and the aforesaid W W though he were solemnly warned came not but in contempt of the Court departed made default therefore according to the custome of the Mannor aforesaid It is considered by the Court that the aforesaid A B should recover his seisin against the said W W of the tenements aforesaid with their appurtenances according to the custome of the Mannor aforesaid to hold to the said A B and his heirs according to the custome of the said Mannor quiet from the said W W and his heirs for ever and the said W W in the mercy c. And now to this Court the Lord in execution of judgment and recovering aforesaid by his Steward granted to the aforesaid A B of the Tenements aforesaid with the appurtenances seisin to hold to him and his heirs and assignes by the Rod at the will of the Lord according to the custome of the mannor and made to the Lord then fine and fealty and then was admitted Tenant And after that is to say at the same Court the aforesaid A B then present came and the aforesaid W W surrendred into the hands of the Lord the tenement aforesaid with the appurtenances to the use and behoofe of the foresaid A B his heirs and assignes for ever and further the aforesaid W W remised and released and altogether for him and his heirs for ever quite claimed to A B his heirs and assignes in their full and peceable possession and seisin day at the making of these presents according to the custome of the said Mannor of and in the tenements aforesaid with their appurtenances the whole right title state claim interest or demands whatsoever which he ever had hath or any way hereafter may have of or in the tenements aforesaid with their appurtenances or in any parcell thereof so that neither the aforesaid W.W. nor his heirs or any other of them any right title state claim interest or demand of or in the Tenements aforesaid with their appurtenances nor in any parcel of them from hence may challenge claim or pretend unto nor shal do hereafter but from all action of the Law title claim use interest and demand thereof be for ever excluded and every of them excluded for ever by these presents And further the said W W. granteth for him and his heirs that he will warrant the tenements aforesaid with the appurtenances to the aforesaid A B and his heirs against all men for ever To this Court c. came W. T son and heir of W T Common recovery in entry in the Post dead and is admitted tenant by the rod of one Feild called C containing by estimation 8 Acres of medow with the appurtenances in J aforesaid whether more or lesse with the appurtenances to have to him and his heirs at the will of the Lord according to the custome of the Mannor aforesaid and paid to the Lord for his entrance so had c. and made his fealty c. And after to the same Court came the said W T and surrendred into the hands of the Lord in the same Court aforesaid the feild called C containing by estimation 8 acres of meddow either more or lesse lying in J aforesaid with the appurtenances whose western part abouts upon a certain way called K and the northern head thence abutting upon a close late S W to the use and behoof of M M and his heirs for ever and upon this came the aforesaid M M and desired of the Lord in the same Court to be admitted tenant to the aforesaid 8 acre of meddow with their appurtenances to have and to hold to him and his heirs for ever at the will of the Lord according to the custome of the Mannor aforesaid making and rendring thereof rent services and customes before due and accustomed to whom the Lord by
his Steward granted seisin thereof by the Rod at the will of the Lord according to the custome of the Mannor aforesaid and payd to the Lord for a fine for such an entrance for him to have 53s 4d and made to the Lord fealty and then was admitted tenant And after that is to say to the same Court came R. M. and W. M. and complained against the aforesaid M. M. of a plea of land that is of the aforesaid 8 acres of meddow and made protestatiou to follow the complaint in forme and nature of a Writ of the Queens of entring upon disseisin in the post and upon this the aforesaid R. and W.M. in their proper persons demand against the aforesaid Michall M. the aforesaid 8 acres of meddow with the appurtenances in J. within the jurisdiction of this Court as their right and inheritance and into which the said M. M. had no entrance but after disseisin which H. H. thereof and without judgment made to the aforesaid R. and W. within 30 years last past c. And whereof they say that they were seised of the aforesaid 8 acres of meddow with the appurtenances in their demesne as of fee and right at the will of the Lord according to the custome of the Mannor aforesaid taking the profits thereof to the value c. and in which c. and so bring their suit c. And the aforesaid M.M. in his proper person comes and defends his right when c. and called into warranty the aforesaid W.T. which is present here in Court in his proper person and willingly the aforesaid eight Acres of Meadow with the appurrenances did warrant unto him c. and upon this the aforesaid R. and W.M. do desire against the said W.T. Tenant by his warranty the aforesaid eight Acres of Meadow with the appurtenances in his Demesne as of Fee and Right at the Will of the Lord according to the custome of the Mannor aforesaid in the time of Peace in the time of the Queen that now is taking the profits thereof to the value c. and in which and c. and thereof bring their Suit c. And the aforesaid W.T. Tenant by the warranty defendeth his Right when c. and further then calls to warranty C.D. which likewise is present in Court in proper person and gratis the aforesaid eight Acres of Meadow with the appurtenances to him doth warrant c. and upon this the said R. and W.M. do desire against the said Christopher Tenant to the warranty the aforesaid eight Acres with the appurtenances whereof they say that he himself was seised of the said eight Acres of Meadow with the appurtenances in his Demesne as of Fee and Right at the will of the Lord according to the custome of the said Mannour at the said time in the time of Peace in the time of our Lady the Queen now taking the profits thereof to the value c. and in which c. and therefore bring their Suit c And the said R. and W.M. desire Licence of talking tother and had it c. and after the said R. and W.M. returned here into the Court to the same Court in their proper persons and the aforesaid T. though he were solemnly summoned returned not but in contempt of the Court departed and made default therefore it is granted that the aforesaid R. and W.M. should recover their Seisin against the said M. M. of the aforesaid eight Acres of Meadow with the appurtenances c. and that the said M.M. should have of the Land of the aforesaid W.T. to the value c. and that the said W.T. further should have of the Land of the aforesaid C.D. to the value c. and the same C. in the mercy c. and upon this the aforesaid R. and W.M. do desire a Precept to give to them full Seisin of the aforesaid eight Acres of Meadow with the appurtenances to be directed to an Officer of the aforesaid Court and it was granted to them retrunable here immediately c. and afterwards tha is to say the first of Aprill came here into the Court the aforesaid R. and W. M. in their proper persons and the Office of the Court that is to say R.W. and certified the Court aforesaid that by vertue of the Precept aforesaid to him so directed the said first day of April he made to have to the aforesaid R. and W.M. full seisin of the aforesaid eight Acres of Meadow with the appurtenances as by the Precept aforesaid he was commanded c. And after that is to say at the very same Court the aforesaid R. and W. M. and the aforesaid W. T. then beeing present came and surrendred into the hands of the Lord in the same Court the aforesaid eight Acres of Meadow with the appurtenances to the use and behoof of the aforesaid M. M. his Heires and Assignes to whom the Lord by his Steward aforesaid granted then Seisin by the Rod to have and hold to him and his Heirs at the will of the Lord according to the custome of the Mannour aforesaid c. and further the aforesaid R. and W. M. and W.T. remiswed released and altogether for them and their Heirs for ever quite claimed to the aforesaid M M. his Heirs and Assigns in his full and peaceable possession and Seisin appearing in the full Court all the Right Title State Claim Interest or demands whatsoever which they ever had have or any way hereafter may have of or in the aforesaid eight Acres with the appurtenances or in any parcell thereof so that that neither the aforesaid R. and W.M. and W.T. nor their Heirs or any of them any Right Title State Claim Interest or demand of or in the aforesaid eight Acres of Meadow with the Appurtenances or in any parcell thereof c. nor ought hereafter but from all Action of the Law Title claims Uses Interest and demands from thence to be demandded are excluded and every of them is excluded for ever by these presents and further the aforesaid W.T. grants for him an his Heirs that they will warrant the aforesaid eight Acres of Meadow with the appurtenances to the aforesaid M.M. and his Heirs against all men for ever c. 4. H. 8. Tit. Recovery in value 27 in Fine and 23 H. 8. Tit. Recovery in value 27. Recovery against the Husband and wife where the wife is Tenant in Tail and they vouch over and the Demandant recovers against the Husband and wife and they over in value this seems shall bind the Tail and the Heire of the wife 23 H. 8. Title Tail 32. Double voucher in Entrie in the Post barrs the Tail because of the recompence but single voucher shall not barr but the Estate Tail which he had time of the Recovery in possession but if he were in of another Estate time of that Recovery it is no Barr. 23 H. 8. Tit. Recovery in value 27. Entrie in the Post against Tenant
in the Bailiwick to A.B.C.D.E.F. and H.P. which undertook and each of them undertook by himself for the aforesaid A. B. upon the pain of ten pounds that he should do no dammage or ill to H. P. in the said Writ of Supplicavit specified within the space of such a day next coming nor by any Means should procure it which 10. l. the Manucaptors aforesaid granted and each of them for himself granted of their Lands and Tenements and of each of them to the use of our said Lady the Queen should be levyed if any dammage or ill came to the said A.B. or by his procurement in the mean time any should come by any means c. and this is the Surety of the Peace which the aforesaid A.B. before me hath found Under which truly Bail Or so the aforesaid C. was suffered to go at large out of the Prison aforesaid and afterwards returned not to my custody therefore the body of the said C. before our Lady the Queen at the day and place within contained I cannot have I. c. certifie our Lady the Queen in her Chancery Or so that R.P. within named hath found to me no security of the Peace of which within there is mention but remains in prison of our Lady the Queens under my custody at present For certain Or so truly complains of the threats the aforesaid J. B. before the coming of this Writ was delivered in Bail to A.B.C.D.E.F. and G.H. which undertook and each of them did undertake upon the pain of twenty pounds for the aforesaid J. B that he should do no dammage or any ill to the aforesaid H.P. and T. D. or either of them untill the Day after the Feast of Saints next coming nor should procure to be done which truly twenty pounds the aforesaid Manucaptors granted and each of them to be levied to the use of our Lady the Queen if any Dammage or ill to the said R. P. and T. D. or either of them by the aforesaid J.B. or by his procurement to any of them should come in the mean time under which baile truly c. at large c. Before the coming of this VVrit Ne exeat Regnum and before any execution thereof A.B. C. D.E.F. c Came before J.D. Sherif of W. and undertook before me the aforesaid Sheriff for L. M. that is to say Every one of the Manucaptors aforesaid under the pain of ten pounds that the said L. before the day after All Soules next coming should not convey himself to any parts beyond Seas to prosecute or attempt any thing there to the prejudice of the said Lady the Queen or any of the People of the said Queen or the losse of our State of England should prevaile nor from hence to send any body for that cause which truly summ of ten pounds the said Manucaptors granted and each of them for himself granted of their Lands and Chattells to the use of the said Lady Queen to be levied if the said L. any thing against the form of this Mauncaption aforesaid shall do or cause to be done or by any means attempt And here is the Tenor of the security whereof within there is mention made which to the said Lady Queen into her Chancery c. at the day and place c. I send By vertue of this VVrit to me directed Proclamation out of the Chancery I have made a publick Proclamation within my bailiwick that the within named H.B. upon the pain of his allegiance before our Lady the Queen in her Chancery aforesaid at the day within written shall appear as within I am commanded and likewise I certifie the said Lady Queen that the within named H.B. is not to be found in my Bailiwick By vertue of this VVrit Premunire such a day and year by J.S.T. W.R.T. and E.F. good and lawfull men of my bailiwick Premunire feci W.R. Clarke within nominated that he should be before our Lady the Queen at the day within contained whersoever c. to do and to receive as that Writ in it commandeth and requireth and J. B. and the rest of the Defendants within named have nothing within my bailiwick by which I can Premunire facere for present neither are they to be found in the same I certifie our Lady the Queen that the within named I. H. before the coming of this Writ to me directed was dead Of choosing a Verdecer in the Forrest And that I after the receit of this Writ to me directed in my full County Court held at Wilton in my County the 29th day of May the year within written by assent of the said County in the place aforesaid I made to be elected one N.S. Esq a Verdecer of the Forrest of B. within written to do as the said Writ in that commandeth and requireth At my County Court held such a day and year Election of a Coroner in the full County aforesaid by vertue of this Writ and by the consent of the said County in the place of P.H. within named which died I chose a Coroner that is to say I.W. who as the manner is took his corporall Oath that he should do those things and observe what to the Office of a Coroner in the County aforesaid appertained to be done as within c. By vertue of this VVrit I summon Arch-Bishops Justices of Forrest Summon Bishops Abbots Earls Barons and all other free Tenants which have Lands and Tenements within the bounds of the Forrest of the said our Lady the Queen within written in my County and four men and the cheif of every town within the bounds of this Forrest and also twelve good and lawfull men of every town within the bounds of the said Forrest dwelling which ought to come and were wont that they be before our Instices within written at the day and place within contained as within I am commanded Publickly also I have made to be proclaimed through all my Bailiwick as well in Burroughs as in other Townes and in Faires Markets and other publick places that all those which by Charters of our Lady the Queen now or of her Predecessors or her Progenitors or any way any liberties or Franchises claim to hold and by what warrant that they be before our said Justices at the day and place aforesaid I also made to be proclaimed that all attached for Vert or Venison or hunting in the Forrest aforesaid after the last Plea of the Forrest aforesaid held and their Pledges and Manucaptors aforesaid to be and before the aforesaid Justices to stand to their right and to do those things which according to the Law of the Forrest they ought to do The residue of the Execution of this Writ doth appear in certain Pannells to this Writ annexed By vertue Capias ut legatum c. I have taken the body of H.S. within named whose body before the Iustices within written I have ready at the day
written I took into the hands of our Lady the Queen one House or Tenement with the Appurtenances in B. in the County of W. within written of the yearly value of ten pounds as the Lands and Tenements of the within named A.B. And also six cowes one Bull and one Gelding price in all eight pounds of the Goods and Chattells of the said A.B. in name of Distresse as I am commanded All which truly goods and chattells with me remaine unsold for defect of Buyers and the said A.B. no other or more goods and chattells Lands or Tenements hath within my bailiwick which into the hands of our Lady the Queen for present by any means I can take or seise I certifie the Barons aforesaid Otherwise that by vertue of this VVrit to me directed the eighth day of J. c. within written I have taken into the hands of our Lady the Queen the Mannor of S. with the Appurtenances within written as c. The residue of the execution of this VVrit doth appeare in a certain scedule to this VVrit annexed Scedule An Inquisition indented taken at S. in the County aforesaid the eighth day of January the year c. Before me J.H. Knight Sheriffe of the County aforesaid by Writ of a Right close of the said Lady Queens to me directed which is annexed to this Inquisition by the Oath of J.D.R.R. c. good and lawful men of the County aforesaid which do say upon their Oath that the Mannor of S. with the appurtenances is of the yearly value of five pounds besides all charges and reprisalls in witnesse whereof c. The Mannor of S. within named lieth in the County of G. and not in the County of W. Therefore I cannot distrain the Tenants there as within I am commanded By vertue of this VVrit to me directed I. certifie the Barons within written that the twentieth day of March Take into the hands the 8th year of our Lady the Q. within written I took into the the hands of the said Lady Queen the Mannor within written with the Appurtenances as within I am commanded If it be with inquirie for the yearly value The residue of the execution of this VVrit appears in a certain inquisition taken to this writ annexed The within named VV.B. and M. his Wife Who is Tenant are Tenants of the third part of the Mannor aforesaid in three parts divided and C.A.M.E. and J. B. the Daughters of C.D. dead are the Tenants of the second part of the Mannor within written in three parts divided and the other third part of the Mannor within written remains in the hand of our Lady the queen by reason of the nonage of T. B. Son and Heir of the aforesaid C.D. The Manucaptors of the forenamed W. B. and M. his Wife J.D.R.R. The within named A.B. hath nothing in my Bailiwick Venire facias Crown office or Exchequer by which he may be attached or where I may take him The within named A. B. is attached by Pledges that is J.D.R.R. If he be an Earl or a Countesse The Issue of them half a Mark. And further if these words are repeated in the VVrit and also to shew twenty shillings The within named R. A. hath nothing in the Land Distr of the Tenement and Hereditament within written by which I can distrain him No such Mannor Otherwise nor any Lands or Tenements known by the name of E. lying in the County of VV. whereof I can distrain the Tenants as within I am commanded The within named J.K. and R.K. have nothing nor either of them hath any thing within my Bailiwick and further I certifie the Barons within written that none are Executors or Administrators of the goods and chattells which were the within nameds M. K. whereby them or any of them I can distrain The Manucaptors of I S. Gent. Tenant of the Lands and Tenements within specified which were the within named M. K.I.D.RR The Issues thirteen shillings four pence By vertue c. I have taken Execution of the Goods and Chattels of J.H. within named a certain Demise and Grant to the said J. H. by one to T. G. of one part and the aforesaid J. H. of the other part for terme of one and thirty years to begin from the first day of Ianuary the year of the Reign of our Lady Elizabeth within written as by that Indenture bearing date the same day and year fully appears of and in a House or Farme with the Appurtenances scituate and lying and being in L. in the Parish of f. within my Bailiwick called or known by the name of B. together with all and singular Lands Meadows Feedings Pastures Woods Under-woods VVaters and Pastures with all their Appurtenances scituate lying and being within the Town Parish and Feilds of F. aforesaid and likewise in my Bailiwick and the aforesaid Lease and all the whole Right state Title terme of years Possession and Demand which the aforesaid J. H. now hath of and in the foresaid Premises by vertue or force of the said Demise and Grant or otherwise I have set to sale and sold to one R.G. Gentleman for the summ of threescore and sixteen pounds thirteen shillings and four pence and also I have taken in Execution other Goods and Chattels of the aforesaid J. H to the value of threescore and five pounds six shillings eight pence which truly summs of Money so in forme aforesaid by me levied in the whole do amount unto 132. pounds and twelve pence and the same summs before our Lady the Queen at the day and place aforesaid I have ready and to be given to the within written E.P. and J. his VVife in part of satissaction of the Damages within written as by that VVrit I am within commanded And that I. H. hath no other Goods or Chattels in my Bailiwick that the residue of the aforesaid one hundred threescore and five pounds six shillings two pence can be had or levied according to the command of this VVrit By vertue I have taken into the Qu. hand c. tenth Day of S. the year of the Reign of our Lady the Queen within written twentieth I J.S. Knight Sherif of W. within written have taken resumed and seised into the hands of our Lady the Queen all those Tenements Shops Gardens and all the other the Appurtenances by vertue of the Writ aforesaid to be resumed which do appear in the Inquisition to this Writ annexed By vertue of this Writ to me directed Of setting to sale from day to day I have set to sale those Goods and Chattels to the value of a hundred shillings residue of the eight pounds which were of the Goods and Chattels Lands and Tenements T. F. within named and there I sold to the value of forty shillings which truly forty shillings I have ready at the day and place within contained as within I am commanded then there to be paid and the residue of the
H. 6. f. 76. Attaint was returned by the Sherif Nihil Summons in the Land demanded and the Return is not good and so Sicut alias and shall be summoned in the Land demanded 42 Ed. 3. f. 19. Mortdancester by two and one makes default by which issueth a Summons to prosecute together the Sherif upon this returnes Nihil and award that they shall be summoned in the Land demanded 44 Ed. 3. f. 27. Scire facias out of a Fine to execute that and two make default and in a Summons to prosecute together the sherif upon that returnes Nihil and shall be amerced for they shall be summoned in the Land in Demand 10 H. 6. f. 12. The same Law is where one hath aid of him in Reversion and in a summons to aid he shall be summoned in the Land demanded A Writ of Covenant to levy a Fine the Sheriff returns Nihil and for that shall be amerced for he ought to have Summoned him in the Lands Demanded 10 H. 6.13 Where aid was granted and the Sherif returns that the Prayee hath nothing whereby he may be summoned by which Sicut alias was awarded in the Land in demand 23 Ed. 3.37 Debt against John Burton Parson of D. The Sherif returns at the Pluries distringas that he hath resigned and it is a good return 2 H. 7.10 Scire facias against an Abbot and the Sherif returns he is deposed and good return But in Scire facias against a Husband and his Wife Spirituall the Sherif cannot return that they are divorced for that is spirituall whereof he hath no notice 1 H. 6.2 2 H. 6.5 the same Scire facias against the Parson of D. to have Execution of arrerages of annuity though the Sherif return that he hath resigned and take notice of that it is a good return 2 Ed. 4.1 The Sherif returns upon a Capias Tarde and was amerced 2 H. 4.8 Right of ward at the Distringas with proclamation the Sherif returns Exitus and that he cannot proclaim that for that it came too late and there shall go an Alias to proclaim that only and shall not return Issues 3 H. 4.6 In Capias of appeale of Death Tarde the Sherif returns that that writ came so late that c. and the return awarded good 8 H. 4.22 In Assise when the Writ is returned Tarde the Clarks do not make Sicut alias but enter the Writ and send that again to the Sherif to be served 9 Ed. 4.20 Forging of Deeds Distringas with Decem tales of that was awarded against the Jury and the principle Jury was returned Tarde upon the distringas and the Tales served and the return was awarded good for where the Issues are to be returned the Sherif ought to have time to know their Land but upon a Capias returned Tarde it is said to be ill But inquire because it is used 21 H. 6.51 The Sherif returns VVrit delivered by Bill according to the Statute of Westm 2. chap. 39. Tarde and for that that the Sherif refuseth to put his seale others put their seals according to the statute and the Plaintif hath a writ to the Justices of assise to inquire of Dammages 29 Ass 58. Capias to have Execution against an Abbot or against a Bishop if it be returned that they have nothing in that County there shall go out Elegit upon the Testatum in another County 26 H. 8 8. and 26 H. 8.17 VVhere one hath recovered in a Quare impedit and hath a VVrit to the Bishop which refuseth his Clark So that he hath a Quare non admisit Testatum and process continue to the distresse against the Bishop and the sherif returns that he hath nothing there goes Distringas to the sherif of London upon the Testatum that he hath no Land there 3 H. 4.6 Trespasse against a Prior the sherif returns that he hath nothing and how he hath no Land there he shall have process into another County upon a Testatum for a Prior was a name of Dignity and for that shall have process in another County upon Testatum 7. H. 4.1 VVhere the sherif returns Nihil Capias doth not lie against a Lady Peer of the Realme Earl or Baron But there shall go a Testatum in another County but where they do wrong as if they essoigne Distress and returns that by the Sherif the Capias lies for the wrong 11 H. 415. If the Sheriffe arrest any and Rescue is made by Baron Earl or Duke if the Sheriffe return the Rescue Capias lyes 1 H. 5 fol. the last Wast was made in Reddale and upon a Writ to inquire of Waste the Sheriffe returns that I have taken an Inqusition at Reddale and for that it is not at the place wasted it is no good return 40 Ed. 3.20 and 27 H. 8.16 the same Waste in A.B.C. and D. it is said that a Writ to inquire of Waste shall be returned that I have come to the Tenements aforesaid and the Inquisition taken at one Town shall serve for all 34 H. 6.49 A. returns upon a Redisseisin or upon a Writ to inquire of Waste that I came to the Town is not good but to the place 11 H. 4.6 Upon a Writ to inquire of waste for that that the Sheriff returns I have commanded the Bailiffe of the Liberty which hath given me no answer he was amerced for he ought to go to the place wasted 11 H. 4.80 Appeal Visne the Sheriffe returns a Jury of the Visne of Dâ— and the new Sheriffe returns no such Visne and may 3 H. 6. fol. last Venire facias Venire facias was returned by the Sherif and afterwards the Sherif was discharged and a new Sherif made and at the Distringas he returned Nihil upon a Juror and adjudged that he shall be amerced but he may return that the Lands are recovered against the Juror or that the Juror was Tenant for life of J. S. which is dead or other speciall matter and so Nihil 19. H. 6.38 Where the Parties admit one such Visne where there is no such the Sherif cannot return that there is no such Visne but shall make the Pannell of the body of the County 37 H. 6.12 A Venire facias with the Pannell was returned and none found upon the Roll but sicut alias awarded and returned and upon that Habeas corpora and Distringas and the Iury found for the Plaintiffe and it is shewed in arrest of Iudgement that there was another Venire facias with a Pannell and adiudged that it shall not be intended to be there lawfully but shall be taken off the File for that that in the Roll the Entry was ad quem diem Vicecomes non misit breve and upon that it was awarded the sicut alias 20 H. 6.17 Though the Venire facias is Venire facias twelve free and lawfull men yet if the Sherif return twelve onely if he do not amend
and effect of the recovery aforesaid if he think expedient And further to do and receive that which the Court before us in the Vpper Bench at Westminster shall consider of in that behalf And then you have here this Writ Witnes c. The same against Manucaptors THe Keeper c. To the Sheriffe of Middlesex Greeting Whereas A B lately in the Court before us in the Vpper Bench at Westminster recovered against C H one hundred pound of debt c. as above untill these words doth yet remain to be made of the goods Chattels aforesaid And whereas E. F lately of c. And G. G. naming the addition formerly that is to say in Michalmas Tearm last past in the same Court before us in the Vpper Bench at Westminster personally came and did become Pledges and Manucaptors and both of them by themselves became Plegde and Manucaptor for the said C D that if it should happen the said C.D. to be convinced in the Plea aforesaid that then the said E F and G H granted and either of them for himself did grant the debt aforesaid and also all such damage cost and charges which should be adjudged to the said A. B. in that behalf of their and either of their Lands Chattels to be made and to the use of the said A. B. to be leavied if it should happen the said C D. not to pay the said debt damages costs and charges to the said A. B. or not to render himself to the Prison of the Marshall of our Marshalsey of the Vpper Bench at Westminster upon that occasion yet the said C. D. hath not hitherto paid the said debt and damages to the said A. B. neither hath upon that occasion rendered himself to the Prison of the Marshall of our Marshalsey of the Vpper Bench before that time as by the insinuation of the said A. B. in the Court before us in the Vpper Bench at Westminster we have accepted whereupon the said A. B. hath supplicated us accordingly to provide remedy for him in that behalf as above till after the return of the former Writ to these words to shew if he hath or knoweth any thing to say for himself wherefore the said A. B. ought not to have his execution against him of the debt and damages aforesaid according to the force form and effect of the recognizance aforesaid if he think good so to do c. as above untill the end A Scire Facias against an Executor in Debt THE Keepers c. as above in the first Scire facias untill these words doth yet remain to be made of the Goods and Chattels aforesaid and that the said C.D. after Judgement aforesaid in form aforesaid rendred is dead and that one E.F. is Executor of the last Will and Testament of the said C.D. whereupon the said A.B. hath supplicated us accordingly to provide remedy in that behalf as above till after the Return of the first Writ to shew if he hath or knoweth any thing to say for himself wherefore the Debt and dammages aforesaid of the Goods and Chattels which were of the said C. D. at the time of his death being in the hands and custody of the said E.F. to be administred ought not to be made and to the use of the said A.B. levied according to the force form and effect as above in the first c. The same for an Administratrix in Debt THe Keeper c. as in the first Scire facias untill these words as it doth appear to us upon Record and now in the Court before us in the upper Bench at Westminster comes E.F. VViddow the relict of the said A. B. and saith that after Judgement aforesaid in form aforesaid rendered that is to say on c. in the year c. naming the time the said A. B. at A. in your County died intestate after whose death that is to say on c. in the year c. naming the time at A. aforesaid the. Administration of all the Goods and Chattells Rights and Credits which were of the said A.B. at the time of his death by c. to whom the Commission of the Administration of Right did pertain was committed to the said E.F. and now on the behalf of the said E. F. in the same Court before us in the upper Bench at Westminster we have accepted that although c. as above in the first VVrit of this sort Rotam habend THe Keeper c. to the Sheriffe of Middlesex greeting whereas A.B. was lately summoned to be before us in the upper Bench at Westminster to answer C.D. in a Plea of taking and uniustly detaining of the Goods and Chattells of the said C.D. and the said A.B. appearing in the Court before us in the upper Bench at Westminster the said C. D. made default for which it was considered of in the said Court that the said A. B. should have Return of his goods and chattells aforesaid therefore we command you that without delay you cause to be returned to the said A. B. the goods and chattells aforesaid and not deliver them at the complaint of the said C.D. without our Writ aforesaid making expresse mention of the said Judgement and as this Precept shall be executed you certifie to us in the upper Bench in eight dayes of the Purification of the blessed Virgin Mary wheresoever we shall then be in England together with this VVrit witnes c. Capias in Withernam THe Keepers c. to the Sherif of M. greeting whereas A.B. in the Court before us in the upper Bench at Westminster was summoned to be before us in the uper Bench at Westminster to answer C. D. in a Plea wherefore he took the goods and chattells of him the said C.D. and detained them uniustly against Sureties and Pledges as it is said and the said A. B. appearing in the same Court before us in the upper Bench at Westminster the said C. D. there made default for which in the same Court it was considered by the same Court that the said A.B. should have return of the goods and chattels aforesaid whereupon we commanded you by our VVrit that without delay you cause to be returned the goods and chattells aforesaid to the said A.B. and not deliver them at the complaint of the said C.D. without our Writ that shall make express mention of the said Judgement and in such manner as that Precept should be executed you should certifie to us in the upper Bench at Westminster in the eight dayes of the Purification of the blessed Virgin Mary last past and you at that day did return to us that before the coming to you of that Writ the goods and chattels aforesaid were convayed away to places to you altogether unknown so that you would not cause those goods and chattels to be returned to the said A. B. therefore we command you that you take of the goods and chattells of the said C.D. to the value of the