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.

Statutes.

Marleb. cap. 38. A writ of Trespasse is giuen to the Successors (in religious hou∣ses) for goods taken away from the Prede∣cessor, whether hee commenced action in his life, and died without Iudgement, or though he commenced no action.

And likewise to recouer their owne sei∣sin against intrudors in time of vacation, wherein damages are also giuen.

Marleb. cap. 4. If the Lord distreine for his seruices when none are due, yet he shall not bee punished by fine and ransome, but onely be amerced.

Weshm̄ 1. cap. 20. Trespassors in Parkes and ponds attainted at the suite of the par∣tie, besides making large amends according to the Trespasse and fine, at the Kings plea∣sure, shall haue three yeares imprisonment, and find good suretie not to commit the like trespasse. And if he cannot find suretie, he shall abiure the Realme. Being a fugi∣tiue, and hauing no land nor tenement, whereby to be iustified, he shall be proclai∣med from Countie to Countie, and if hee come not therevpon outlawed, if none do

sue within a yeare and a day, the King shal haue the suite.

5. Ric. 2. cap. 7. None shall make entrie into lands or Tenements, but where entrie is giuen by Law. And in such case not with strong hand nor multitude of people but in peaceable manner.

He that is conuict of the contrarie shall be imprisoned, and thereof ransomed at the Kings will.

15. Ric. 2. cap. 2. At all times that such forcible entries bee made, and complaint thereof commeth to any Iustice of peace, he shall take sufficient power of the Coun∣tie, and go to the place, and if hee find any that hold such place forciblie after such en∣trie made, they shall be taken and put into the next gaole, there to abide, conuict by the Record of the same Iustice, till they haue made fine and ransome to the king.

8 H 6 cap 9 The like for them that make such forcible entrie into lands or o∣ther possessions, or them hold forciblie.

And whether the parties bee present or voided before the Iustices comming, yet he shall enquire of the matter by the people of the same countie in some conuenient place, and shall cause the Tenements so entred or holden to be reseised, and restore the partie (so put out) into full possession.

The partie put out or disseised in this manner, shall recouer treble damages a∣gainst the disseisor, or any feoffee comming

in by fraud.

31. Eliz. cap. 1••. No restitution vpon an enditement of forcible entrie, or holding with force, shall be good, where the partie hath beene in quiet possession three whole yeares next before the enditement, and his estate not ended.

Merton cap. 6. A lay man rauishing, or marrying a Ward within 14. yeares of age shall be imprisoned, besides losse of the va∣lue of the marriage.

Westm. 2. ca. 35. One that hath no right, taking away the Ward, shall be imprisoned two yeares, rhough he restore the child not married, or satisfie for his marriage. Not restoring him vnmarried, or not be able to satisfie for his marriage, (in case hee haue married him) he shall abiure the Realme, or haue perpetuall imprisonment. The forme of the writ both when the heire is in the same Countie or carried into another, is there set downe.

If the defendant there come not vpon the distresse, he shall be outlawed.

The plea shall proceed though the heire dye. If the Plaintife die before the plea de∣termined, &c. a resommons shal be against his executours or heires (if the executours haue no assets) to satisfie the value of the marriage.

Speciall actions of Trespas are these * 1.1 that follow.

De parco fracto for taking a distresse of beasts and other things distreined for da∣mage

fesant, or for rent & seruices behind, not of the pownd, whether common pownd or other place that is a lawfull pownd, and whether hee that so brake the pownd bee proprietor of the beasts, or no. And this ly∣eth for him that distreined, not for him whose the close was, where one distreineth and putteth the beasts by licence into his friends Close, for it is not the pownd of the owner of the soile, but of him that did di∣streine, and the other shall haue an action of Trespasse, Quare clausum fregit.

Rescous for taking such a distresse away * 1.2 before it be impounded. And here the partie must needs haue possession of the beasts, or things so recussed; for if he be disturbed be∣fore he do attach or distreine them, a writ of rescous lyeth not, but an action vpon the case.

Eiectione firme when (a) 1.3 lessee for yeares of land is ousted, be (b) 1.4 it by the lessor or a stranger, where the terme it selfe shall bee recouered if it be not past, as in a Quare eie∣cit infra terminum before.

Notes

• * 1.1

  F. N B. 100.
• * 1.2

  F. N. B 101. c. F. N. B. 102. f.
• (a) 1.3

  F. N. B. 220. h.
• (b) 1.4

  F. N. B. 220 f.