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
About this Item
Title
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
Author
Nottingham, Heneage Finch, Earl of, 1621-1682.
Publication
London :: printed by the assignes of Richard and Edward Atkins Esq; for H. Twyford, F. Tyton, J. Bellinger, M. Place, T. Basset, R. Pawlet, S. Heyrick, C. Wilkinson, T. Dring, W. Jacob. C. Harper, J. Leigh, J. Ammery, J. Place, and J. Poole,
1678.
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"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." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A52527.0001.001. University of Michigan Library Digital Collections. Accessed June 17, 2024.
Pages
CHAP. VII. Of Trespass in Land.
TRespass in land is, when the trespass is done upon an actual possession thereof. For of a trespass done(a) 1.1 after the death of the Ancestor, and before the heirs entry, after(b) 1.2 breach of the Condition, and before entry for it: where a lease for years is made, reserving a rent, upon condition to be voyd if the rent be not payd: or after Michaelmas, & before the Lessees entry, where a lease for years is made to begin at that day: no action lieth for the heir in the first case, for the lessor in the second, nor for the les∣see in the third;* 1.3 because they were not
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seised of the Land at the time of the trespass done; yet the lessor in the second case might have made a new lease before his entry; for the first Lease was meerly void. and the Lessee in the last case might be∣fore Michaelmas grant away his term.
* 1.4Where beasts or any other chattels, shocks of Corn, or whatsoever else, whe∣ther Conisance may be of them to bring a replevin, or not: that so the trespass may be distrained by him that hath dammage by it.* 1.5 As one that hath Common out of land, though he have nothing in the land it self, so as he can have no action of tres∣pass against the owner of the beasts, for their entry into the land, nor the grass wasted, &c. yet he may distrain them dammage feasant, because of the dammage he sustaineth. But so cannot Cesti qui use: for he hath nothing at all to do in the land, save that there is a confidence between the feoffees and him: but the feoffees may punish him by the Common Law, if he oc∣cupy the land, for he is but a meer stran∣ger. And if a stranger of his own head drive out beasts that are dammage feasant, rhe owner of the beasts shall punish him, for he is endammaged by this driving out, and the other hath no loss.
* 1.6Hither belongeth ejectment, when a termer for years of land is ousted: Whether by the Lessee or a stranger, but not a Termer for years of beasts or other Chat∣tels.
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Prerogative.
Here (viz.) of land, which is a thing permanent: for things transitory and re∣moveable the King may be put out of his possession, & have his action according,* 1.7 as ravishment of gard, quare impedit, &c. But of things permanent he cannot have an Action, as a Praecipe quod reddat, ejectment of ward, &c. because of such things he can∣not be put out of possession:* 1.8the King having possession by matter of Record, or other good title, none can put him out. But if having no title by matter of Re∣cord, or otherwise, he enter upon me,* 1.9 and put me out, there if I enter again, my entry is lawful, and no intrusion. So if the King seise upon an office, finding that his tenant died seised but of an estate for life, the reversion to another; he in the rever∣sion may enter, and make a feoffment: for the King seiseth by colour of a Record, which record giveth him no title indeed.