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. 7.

Of Trespasse in Land.

TRespasse in land is, when the tres∣passe is done vpon an actual posses∣sion thereof. For of a trespasse don (a) 1.1 after the death of the Ancestor, and before the heires entrie: after (b) 1.2 breach of the Condition, and before entrie for it: where a lease for yeares is made, re∣seruing a rent, vpon condition to be voyde if the rent be not paide: or after Michael∣mas, and before the Lessees entrie, where a lease for yeres is made to begin at that day: no Action lieth for the heire in the first case; for the Lessor in the second, nor for the Lessee in the third. Because they were * 1.3 not seised of the Land at the time of the trespasse done; yet the Lessor in the second

case might haue made a new lease before his entrie; for the first lease was meerely void, and the Lessee in the last case, might before Michaelmas grant away his terme.

Where beasts or any other Chattells, shocks of Corne, or whatsoeuer else, whe∣ther * 1.4 Conisance may be of them to bring a Repleuin, or not: that so the Trespasse may be distreyned by him that hath dam∣mage by it. As one that hath Common * 1.5 out of land, though he haue nothing in the land it selfe, so as he can haue no Action of Trespasse against the owner of the beasts, for their entrie into the land, nor the grasse wasted, &c. yet he may distrein them dam∣mage feasant, because of the dammage hee sustaineth. But so cannot Cesti qui vse: for he hath nothing at all to doe in the land, saue that there is a confidence between the feoffees and him: but the feoffees may pu∣nish him by the Common law, if he occu∣pie the land, for he is but a meere stranger. And if a stranger of his owne head driue out beasts that are dammage feasant, the owner of the beasts shall punish him, for he is indammaged by this driuing out, and the other hath no losse.

Hither belongeth Eiectment, when a * 1.6 termer for yeares of land is ousted: Whe∣ther by the Lessee or a stranger, but not a Termer for yeares of beasts or other Chat∣tels.

Prerogatiue.

Here (viz.) of land, which is a thing per∣manent for things tronsitorie and remoue∣able: * 1.7 the King may be put out of his posses∣sion, and haue his Action according, as ra∣uishment of gard, Quare impedit, &c. But of things permanent hee cannot haue an Action, as a Praecipe quod reddat, eiectment of ward, &c. because of such things he can∣not be put out of possession: the King ha∣uing possession by matter of Record, or * 1.8 other good title, none can put him out. But * 1.9 if hauing no title by matter of Record, or otherwise, he enter vpon me & put me out, there if I enter againe, my entrie is lawfull, and no intrusion. So if the king seise vpon an office, finding that his tenant died sei∣sed but of an estate for life, the reuersion to another; he in the reuersion may enter, and make a feoffement: for the King seiseth by colour of a Record, which Record giueth him no title indeed.

Notes

• (a) 1.1

  11. H. 7. 22.
• (b) 1.2

  1. Mar. Pl. 142
• * 1.3

  Park 4.
• * 1.4

  21. H. 7. 39.
• * 1.5

  15. H. 7. 13.
• * 1.6

  F. N. B. 220. f. 1. H. 6. 1.
• * 1.7

  1. H. 7. 19.
• * 1.8

  Stamf. prer. 74.
• * 1.9

  8 H. 4 16. {per} Stāf. prer. 57.