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.

Glocest. cap 5. A man may haue a writ of wast out of the Chancery against tenant by curtesie or dower, or otherwise for terme of life or yeares, and being attaint of wast, hee shall forfeit the waste and treble da∣mages.

Westm̄ 2. cap. 14 The processe in a writ of wast shall be sommons, attachment, di∣stresse: and if he come not, then a writ vnto the sherife, taking with him xij. men to goe to the place wasted, and there enquire of the waste, and vpon that waste returned, iudgement shall be.

11. H 6. cap. 5. Where the tenant grants ouer his estate, but notwithstanding takes the profits, and commits wast, an action lies against him.

Mag chart̄. ca. 4. The gardein may not cōmit wast vpon pain to lose the wardship.

Cap. 5. And must repaire and susteyne the houses, of the profit of the land.

Glocest cap. 5. If the gardein commit wast, and the wardship lost answer not the value of the damages before the heires age, thē he shal render the damages to the heire.

Artic. super chart. cap. 18. Eschetor com∣mitting waste vpon wards lands, shall

answer damages as is ordained before by Statute against them that do wast in wards lands. So of a Subeschetor, and if he be not able his master shall answer for him.

36. E. 3. cap. 13. Stat. 1. If the Eschetor haue a ward to answer to the King of the issues, and commit waste, the heire shall haue an action of wast as well within age as of full age, and whilest he is within age, if he cannot, his next friends shall haue the suite for him.

14. E. 3. cap. 12. The heire when he com∣meth to full age shall haue an action of wast against the gardeins and fermours to whom the King shall let the land in ward according to that Statute.

Westm̄ 2. cap. 22. A writ of wast giuen for one Iointenant or Tenant in Common, against another, wherein the defendant to be at his choise to take his part in certaine (and then to haue for his part the place wa∣sted) or to agree from thenceforth to take nothing more then his Companions do.

Glocest cap 13. Hanging a plea by writ the Tenant may not commit wast, nor e∣strepment of the land in demaund, and if he do, the demaundant may haue a writ to cause the land to be kept that no wast nor estrepment be done.

A quo minus for grantee of estouers, as houseboote or heyboote, &c. to restraine * 1.1 the grantors from committing wast, so as he cannot haue his estouers.

De exoneratione sectae, for Tenants by suit

of Court, or other rent or seruices that * 1.2 they bee not distreined to doe the same for such time as they ought to hold the land discharged. As one which is in ward to the King, a woman indowed in the Chan∣cerie of lands so in ward, and the Tenants parauaile of such a ward, that is to say, where the other Lords of whom the heire holdeth do distreine, for during such time as the heire is in ward, either to the King or to his Committee, he is to doe no suite of Court or other seruices, and if any di∣stresse be taken, it is by this writ to bee re∣stored.

De deonerando pro rata, to discharge the * 1.3 tenant of parcell of the land, according to the rate of his land when hee is lawfully distreined for all the rent or seruices. As where a man which holdeth C. acres of land by the seruice of repairing a bridge, alien in fee xx. acres to one man, and xx. to another, and after vpon this presented one of the alienees, is onely distreined to make reparation, or where the Kings Tenant by fealtie and rent alieneth parcel of the land, and the kings officer distreineth the alienee for all the rent, for the King is not bound by the Statute of Quia emptores terrarum, which will that the feoffee shall hold pro particula, but that he may distreine for all the rent in the part of the alienee, but such a writ lyeth not where one that holdeth of a common person by fealtie and rent, alie∣neth part of his land, for there the Statute

it selfe restraineth the Lord that he cannot distreine the alience, but after the rate and value of the land which he hath purchased

De effend. quiet. de Theolonio to officers of Townes or other places not to grieue spi∣rituall * 1.4 persons, or other that ought to bee quit of paying of toll, murage, pannage, pontage, &c. whether by the kings grant or by prescription.

De non ponendo in Iuratis, to discharge * 1.5 Peeres of the Realme, or other persons priuiledged: as Clarks that are in the kings seruice, &c. from being of Iurie, vnlesse their presence be for any speciall cause ne∣cessarie. And this may be directed either to * 1.6 the Sherife not to put them into Iuries, or to the Iudges to discharge them. But if a Piere of the Realme be returned, hee must be sworne or lose issues, if hee appeare not, vnlesse he bring the writ.

Ne eueas regnum, to the party himselfe to inhibite him to go into forrein parts with∣out * 1.7 the Kings licence.

FINIS.

Notes

• * 1.1

  Old N. B. 159.
• * 1.2

  F. N. B. 158.
• * 1.3

  F. N. Br. 2••5. k.
• * 1.4

  F. N. B. 226. i.
• * 1.5

  F. N. B. 165. a. d.
• * 1.6

  F. N. B. 165. ••.
• * 1.7

  F. N. B. 85. ••.