A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

AN, IOUR.

An, iour, The law in many cases hath limited a year and a day to be a legall ••and convenient time for many purposes▪ The Wife or Heir hath a year and a day, to bring an appeal of death. If a man* 1.1 be wounded or poysoned, and dieth thereof within the year and the day, it is Felony. A protection shall be allowed but for a year and a day, and no longer: a year and a day to remain in ••••ti••••t ••e∣mes••e to enfranchise a Villain.

An〈…〉〈…〉, and waste, is a forfeiture when a man hath committed petty treason or felony, and hath ••••nds which he holdeth of some common person▪ the King in detestation of the crime, might by the Prerogative cause the trees to be digged up, the houses to be ••ased and pull'd down, and the pa∣stures and meadows to be plowed up: but the land▪ so desaced were to escheate to the Lord, and the King had no other benefit then before, ••i•• ••o•• the good of the Common-wealth it was provided by Magna Charta, Chap. 22. that instead of such* 1.2 spoil, the King should have the lands of such ••••∣lon for a year and a day, and afterwards the Lord

to have it without such spoil. This Statute of Prerogativa Regis, made in the 47 year of E. 2. is thought by Stamford and others to be in force as to this point, and hath made them conceive erro∣neously, but that Statute being repealed by an Act in •••• E. 3 cap. 1. the Act of Magna Charta, as to this is still in force. The King shall not have a•••••••••• diem, & vas••am of lands holden in Gavel▪ kind, where the Father is hanged: but if he be outlawed and ab••ured for felony, he shall. Some hold that the custom of Kent, The Father to the Bow, the Son to the P••••••••, must be taken strictly; for if he be attainted and die in prison, his lands shall es••hea••. If one be* 1.3 arrested for selony, and breaks the arrest; so that in pursuit of him he is killed, because he would not otherwise be taken; the King in this case shall have the year, day, and waste.

Notes

• * 1.1

  Cook on Lit l. 3. c. ••. sect. 422.
• * 1.2

  Cook▪ 2 In∣stitut. 37.
• * 1.3

  I•• ••••▪