Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

CHAP. 5.

Of Intrusion, Abatement, Disseisin, and vsurpation.

OVster is, when the Freeholder is ousted, or put out. And therefore it gaineth a Free-hold vnto the partie.

This ouster is of a freeholder in Deede, or in Law. Of the first sort are Intrusion, or Abatement.

Intrusion, which is after the death of * 1.1 Tenant for life, be it a mans own life, or another mans, Tenant in Dower, or by cur∣tesie, &c.

Abatement, which is after the death of * 1.2 one that hath the Inheritance, whether the land discend vnto his heire, or he die with∣out heire.

Of the second sort are, Disseisin & vsur∣pation

Disseisin is the ousting of him that hath * 1.3 a Free-hold in Deede: which of a rent or other profit is by the disturbing of him in the meanes of comming to it. As in euery * 1.4 Rent, whether Rent-seruice, Rent-charge, or Rent-secke. Encloser and Forestaller.

Encloser is, when the Tenant encloseth the Land, so as he cannot come to distrein, or to demand it. But if it be a Parke or such * 1.5

like, that hath of ancient time beene inclo∣sed, so as it is not done of purpose to keep him from his rent, that is no disseisin.

Forestaller is, when the Tenant beset∣teth the way with force and Armes vpon his comming. Of which nature also is the menacing of him, that for doubt of some bodily hurt, death, or losse of member hee dare not come.

In a Rent-seruice and rent-charge, Res∣cuous, and Repleuin.

Rescuous, when either the partie ha∣uing distreyued; the distresse is rescued, or being vpon the land to distreyne, cannot be suffered.

Repleuin is, when an Action of Reple∣uin is brought vpon a distresse taken.

In a Rent-charge and a Rent-seck, de∣nier.

Denier is, when the Rent (beeing de∣manded vpon the Land) is not paid.

Vsurpation is, when the Church be∣commeth ful by the presentment of a wrōg Patron: which is done by the institution of the partie presented.

Prerogatiue.

But against the King, Induction onely doth it. Therefore at the Common law, in a Quare impedit, Plenartie day of the Writ purchased, is a good plea, though it bee by institution onely. And the Plenartie by

sixe moneths (which barreth the right Pa∣tron of his Quare impedit, by the Statute Westminst. 2. Cap. 5.) is accounted from that time betweene common persons. So is it for the King when he presenteth. And in these cases the Ordinary may certifie a ple∣nartie without making mention of any in∣duction, but of admission and institution onely. But against the King plenartie is accounted from the time of induction, and not before. And if a Patron that holdeth of the King, present, and die after admissi∣on and institution of his Clark, and before induction; the King shall present a new. Otherwise it is in the case of a common person. But Plenartie is no plea in a Qua∣re impedit, against a person impersonee (that is, a Spirituall Bodie politique, which bee∣ing Patron, hath the Church appropriated in succession, (viz.) to hold to their proper vse, without presentation, institution, or in∣duction of any incumbent) for his plea must be, That the Church is full of his pre∣sentment, which a person impersonee can∣not say.

Statutes.

Westm̄. 2. Cap. 5. Vsurpation vpon Gardeins tenants in Dower, or vpon femes couert, or houses of religiō in time of vaca∣tion, shal not put the heires fems, or houses of religion out of possession. But faint reco∣ueries shal not be auoyded in such cases by way of plea.

Plenartie is no plea in a Quare impedit, or darreine presentment, if the Writ bee pur∣chased within vj moneths.

When one parcener presents in anothers turne, yet this gaineth no possession: for the other may present when her turn commeth againe.

Notes

• * 1.1

  Old Nat. Br. 135.
• * 1.2

  5 H. 7. 6.
• * 1.3

  Lit. 62.
• * 1.4

  Lit. 52:
• * 1.5

  99. E. 3. 15.