The touchstone of precedents, relating to judicial proceedings at common law by G.F. of Grayes-Inn, Esquire.

As to Avowries 5 things are to be known.

1. AVowry upon my very Tenant, where the Lord hath the Rent in Fee sim∣ple, and the Tenant the Tenancy in Fee.

2. Avowry upon my very Tenant by the manner, as I make a Gift in Tail, remainder over reserving Rent.

Also if Tenant by the Courtesy, I avow upon him as before.

Also where a man dyes seised of three in∣tire Mannors, and if his Wife be endowed of one Mannor intire.

3. Avowry upon my Tenant by the man∣ner, as Lessee for life rendring Rent. Also if à Woman be endowed of the third part of a Mannor, the Heir distrains her and a∣vowes.

4. Avowry upon the Land, as a Rent-Charge is granted, the Grantee avowes in the Lands charged with his distress.

5. Avowry upon my matter, as I am sei∣sed in Fee, and let for years for certain Rent, and so shew the whole matter.

Avowry for Homage, or for Rent-service, although that the Avowry be made upon the person incertain, yet in this case he that is a Stranger cannot plead any thing but hors de son Fee, or that which is Tantamount, as a Release &c. which prove the Land to be out of the Fee of the Lord.

A Man cannot avow the taking of Beast for Rent arrear, if those Beasts were taken by Night, but for damage Fesant he may. Pasch. 10 E. 3.

Where the Avowant shall justifie, and where he shall make Avowry.

Where the Avowant is of right to have the thing for which he distrains, he shall make Avowry, although that the Estate of him upon whom he avows be determined; as if I let Lands for term d'auter vie, and I distrain for the Rent, cestuy que vie dies, the other sues Replevin, I make Avowry for homage; he that ought to do homage dyes, his Executors sue Replevin, now I ought to justifie because the thing for which the the distress was made by his death is gone and extinct.

As, two Jointenants, the one enfeoffs a Stranger of all that &c. upon Condition the Feoffee gives notice to the Lord, here he

holds of the Lord pro particula illa, and the Lord shall have several Rents of the Tenants. And yet if the Lord grant the services of the Feoffee to a Stranger, and he attorne, and afterwards the Condition is broken by which the Feoffor who was jointenant enters again, here the Jointure is reviv'd, and they hold the grant of Services of his part, and the other Jointenant holds of the Lord as he held before, and yet they are Jointenants.

Avowry by the Lord for homage, and al∣ledgeth seisin by the Husband of Lands which he hath in Right of his Wife. The Plaintiff alledgeth that the Husband hath no∣thing but in right of his Wife, and although he alleadgeth seisin by the Husband &c. yet he sheweth that the Husband was seized in his demesne as of Fee, without that, that the Wife hath any thing &c. 11 H. 4.

If a man makes Avowry upon one as Son and Heir of his Mother, where he is in as Heir to his Father, the Avowry is abated.

In Avowry for Rent Service, or any o∣ther Rent, except that he shews the Com∣mencement of the Rent, as a Gift in tail or a Grant of a Rent-Charge, he ought to al∣ledg no seisin of the Rent in his Avowry, because he shews the Commencement of the Rent.

In Avowry for Homage or Escuage, if he shew not the Commencement of the Tenure,

he ought to shew seisin of the Homage, or otherwise it is not good.

Avowry for Releif or aid pur file marrier, he ought not to alledg seisin of the Releif nor of the Aid because that they are no parcel of the Tenure as Homage or Escu∣age be, but incident to the Seigniory.