An abridgement of the Lord Coke's commentary on Littleton collected by an unknown author; yet by a late edition pretended to be Sir Humphrey Davenport, Kt. And in this second impression purged from very many gross errors committed in the said former edition. With a table of the most remarkable things therein.

About this Item

Title
An abridgement of the Lord Coke's commentary on Littleton collected by an unknown author; yet by a late edition pretended to be Sir Humphrey Davenport, Kt. And in this second impression purged from very many gross errors committed in the said former edition. With a table of the most remarkable things therein.
Author
Coke, Edward, Sir, 1552-1634.
Publication
London :: printed for W. Lee, D. Pakeman, and G. Bedell,
1651.
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Subject terms
Littleton, Thomas, -- Sir, -- d. 1481 -- Early works to 1800.
Cite this Item
"An abridgement of the Lord Coke's commentary on Littleton collected by an unknown author; yet by a late edition pretended to be Sir Humphrey Davenport, Kt. And in this second impression purged from very many gross errors committed in the said former edition. With a table of the most remarkable things therein." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A33621.0001.001. University of Michigan Library Digital Collections. Accessed May 5, 2024.

Pages

Sect. 202, 203, 204.

Si lenfant al age de 14 ans enter en religion, & est professe, le gaodein nad auer remedie (quant al gard le corps) forsque breve de ravishment de gard enves le soveraigne del meason, & l'entry d'asc' estaut de pleine age que ē heire lenfant ē con∣geable: & legardein en tiel case nad asc' remedie pur le terre, &c. Manumittere idem est quod extra manum, vel extra pote∣statem alterius ponere.

Every Manumission is an infranchisement, but every in∣franchisement is not a Manumission, Mirr. cap. 2. Sect. 18.

There be two kindes of Manumissions: 1. Express, when the Villain by deed in express words is manumissed and made free. 2. Implyed, by doing some act, that maketh in judge∣ment of Law, the Villain free, &c.

Libertinum ingratum leges civiles in pristinam redigunt ser∣vitutem, sed leges Angliae semel manumissum semper libe∣rum judicant gratum & ingratum, Fortescue, cap. 46. fol. 137. b.

There be some cases whre the Villain shall be privileged from the seisure of the Lord, &c.

1. Ratione loci, as if a Villain in the ancient Demesn of the King a year and a day, without claim or seisure of the Lord, the Lord cannot seise him, &c. so long as he remains

Page 144

and continues there, 39 E. 3. 6. b. F.N. B. 79. a.

2. Ratione professionis, as if he a Monk be, &c. Glav. l. 5. cap. 5.

3. Ratione dignitatis, if he be made a Knight, &c. Britt. fo. 79.

4. Ratione matrimonii, as if a Neife marry a free-man, she is priviledged during the marriage, &c. But if the Lord him∣self marry the Neife, then she is infranchised for ever, Mirr. c. 3. sect 18. acc. Doct. & Su. 141.

If a Niefe e regardant to a Manor, and she taketh a free-man to husband by license of the Lord, and the Lord make a feoffment in fee of the Manor, the husband dyeth, the feoffor shall have the Neife, for that during the marriage she was severed from the Manor,* and so is lib. 29. Ass. (which is falsely prined) to be understood.

If two Coparceners be of a Villain, and one of them taketh him to husband she and her husband shall not have a Nuper obiit against her Coparcener, but after the decease of her hus∣band she shall, 16 H. 3. Nuper ob. 17.

When the Lord enableth the Villain to have an action a∣gainst him, as for Debt, or Annuity, &c. or if he sue against his Villain an Action of Debt, or of Covenant, &c. or giveth to the Villain a certain and fixed estate in Lands, &c. as a lease for years by Deed, or without Deed, this is an infranchisement for ever. But if the Lord atturn to his Villain, &c. or if he release all his right in black Acre, and the Villain is not thereof sei∣sed, this is no infranchiement, because it is void, and can give no cause of action, fol. 138. a. 11 H. 7. 13.

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