Law, or a Discourse therof in four books. Written in French by Sir Hen. Finch Kt. His Majesties Serjeant at Law. And done into English by the same author

CHAP. V. Of Intrusion, Abatement, Dis∣seisin and usurpation.

OVster is, when the Freeholder is ousted, or put out. And therefore it gaineth a Freehold unto the party,

This ouster is of a Freeholder in Deed or in Law. Of the first sort are Intrusion or Abatement.

Intrusion,* 1.1 which ia after the death of Tenant for life, be it a mans own life or another mans, Tenant in Dower, or by courtesie, &c.

Abatement, which is after the death of one that hath the inheritance,* 1.2 whether the land dsecend unto his heir, or he die without heir.

Of the second sort are disseisin and u∣surpation.

Disseisin is the ousting of him that hath a Freehold in Deed:* 1.3 which of a rent or other profit is by the disturbing of him in the means of coming to it. As in every rent, whether Rent-service. Rent-charge, or Rent-seck, Encloser and Forestaller.* 1.4

Encloser is, when the Tenant enclo∣seth the Land so as he cannot come to distrein, or to demand it, But if it be

a Park or such like, that hath of ancient time been enclosed, so as it is not done of purpose to keep him from his rent,* 1.5 that is no disseisin.

Forestaller is, when the Tenant beset∣teth the way with force and Arms upon his coming. Of which nature also is the menacing of him that for doubt of some bodily hurt, death or loss of member he dare not come.

In a Rent-service and rent-charge, Rescous and Replevin.

Rescous, when either the party having distrained, the distress is rescued, or be∣ing upon the land to distrain, cannot be suffered.

Replevin is, when an action of reple∣vin is brought upon a distress taken.

In a Rent-charge and a rent-seck de∣nier.

Denier is, when the Rent (being de∣manded upon the land) is not paid.

Vsurpation is, when the Church be∣cometh full by the presentment of a wrong Patron: which is done by the institution of the party presented.

Prerogative.

But against the King Induction on∣ly d••th it. Therefore at the Com∣mon

Law, in a Quare impedit, Plenarty day of the Writ purchased, is a good plea, though it be by institution only. And the Plenarty by six Months (which barreth the right Patron of his quare impedit, by the Statute Westm. 2. c. 5.) is accounted from that time between common persons. So is it for the King when he presenteth. And in these cases the Ordinary may certifie a plenarty without making mention of any induction, but of admission, and institution only. But against the King plenarty is accounted from the time of in∣duction, and not before. And if a Patron that holdeth of the King, present, and die after admission and institution of his Clark, and before induction; the King shall pre∣sent a new. Otherwise it is in the case of a common person. But plenarty is no plea in a quare impedit, against a person imper∣sonee (that is, a fpiritual body politick, which being Patron, hath the Church ap∣propriated in succession (viz) to hold to their proper use, without presentation, in∣stitution, or induction of any Incumbent) for his plea must be, That the Church is full of his presentment, which a person impersonee cannot say.

Statutes.

Westm. 2. c. 5. Usurpation upon Gar∣deins, tenants in Dower, or upon femes co∣vert, or houses of religion in time of vaca∣tion, shall not put the heirs femes, or houses of Religion out of possession. But

faint recoveries shall not be avoided in such eases by way of Plea.

Plenarty is no plea in a quare impedit or darrein presentment, if the Writ be pur∣chased within vi. moneths.

When one parcener presents in anothers turn, yet this gaineth no possession: for the other may present when her turn cometh again.

Notes

• * 1.1

  Old Nat. Br. 135.
• * 1.2

  5. H. 7. 6.
• * 1.3

  Lit. 62.
• * 1.4

  Lit. 52.
• * 1.5

  99 E. 3. 15.