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.

Merton cap. 8. Seisin of ones ancestor in a writ of right shall be from the time of Henrie the second.

In a mort dauncestor writ of Niefe and of entrie, from the last returne of king Iohn out of Ireland.

In an Assise of Nouell disseisin, from Henrie the thirds first passage into Gas∣coygne.

Westm̄ 1. cap. 38. Seisin of ones ancestor in a Writ of right, shal be from the time of Richard the first.

In an Assise of Nouell disseisin and nuper obijt, from Henrie the thirds first passage into Gascoigne.

In a mortdancestor cosinage, ayell, en∣try,

and Writ of Niefe, from Henrie the thirds Coronation.

32. H. 8. cap. 2. Seisin in a Writ of right shall be within lx. yeares.

In a mortdancestor, or in another posses∣sory action, vpon the possession of his Aun∣cestor or Predecessor, shall bee within l. yeares.

A Writ of the possession of the plaintife himselfe, shall be within xxx. yeares.

An Auowrie or Cognisance, for rent, suit or seruices of the seisin of his Ancestor, or of his owne, shall be within xl. yeares.

Formedon in remainder, reuersion, Scire facias, vpon a fine, shall be within l. yeares after the title accrew. If a man prescribe in land, rent, or such like, of the possession of his ancestor, or predecessor, he shall alledge seisin in them within lx. yeares next before the time of the prescription, title, or claime.

1. Mar. cap. 5. The Statute of limitation of 33. H. 8. cap. 2. shall not extend to a writ of right of Aduowson. Quare impedit, Iure patronatus, Assise de Darrein, presentment, droit de gard of any lands holden by knight seruice, but the time of the seisin al∣ledged shall bee as it was at the Common Law.

These kind of reall actions, viz. where the freehold shall be recouered, lye onely a∣gainst the tenant of the Freehold. There∣fore * 1.1 a release of all actions reals, is no plea,

vnlesse he were Tenant of the Freehold at the time of the release, for else hee had no cause of any such action against him. Nei∣ther * 1.2 is any such action maintenable against lessee for yeares, for he hath not the Free∣hold. Nor the disseisee cannot haue a praeci∣pe quod reddat against the disseisor, which is parnor of the profits for yeares onely, not∣withstanding * 1.3 the Statute, because by the Common Law, no action lyeth against * 1.4 him. And for this cause also, non tenure of the whole, or though it be but of parcell of the thing demanded. Ioynttenancie with one not named in the Writ. Entiertenancie of the whole, or seuerall tenancie of parcel, * 1.5 when the Writ is brought against two or more, are good pleas in abatement of the * 1.6 Writ. * 1.7

Notes

• * 1.1

  Lit. 115.
• * 1.2

  Old tenures fol. 2.
• * 1.3

  6 E. 6. Pl. 87.
• * 1.4

  4. E▪ 4. 32.
• * 1.5

  19. H 6. 32. 22. H 6. 12.
• * 1.6

  (a) 45 E. 3. 5.
• * 1.7

  (b) 37 H 6 8. 27. H. 8. 30.