The body of the common law of England as it stood in force before it was altered by statute, or acts of Parliament, or state. Together with an exact collection of such statutes, as have altered, or do otherwise concern the same. Whereunto is also annexed certain tables containing a summary of the whole law, for the help and delight of such students as affect method. By Edm. Wingate of Grayes-Inne Esq;

CAAP. 30.

Rule 2. MAg. Cart. 12, 9. H. 3. Assises of Mortdan∣cester and novel-disseisin shall not be taken but in their proper County by

the Justices of Assize, and if they cannot be determin∣ed there, they shall be determined by the same Justice in their Journey: Also difficult matters shall be refer∣red to the Justices of the bench to be there determined

westm. 1. 24 3. E. 1. An Assize given against an Es∣cheator, Sherif, or other Bailiffe of the King, that sei∣seth any lands by colour of his office, without special-warrant; and double damages to be recovered by the ••est••e partie greieved.

Westm. 2. 25. 13. E. 1. An Assize of novel disseisin shall lie for estovers of wood, profit to be taken in woods, a Corody, delivery of Corn, and other victuals and ne∣cessaries to be received yearly in a certain place, toll tronage, passage, Pontage, Pawnage, and the like to be taken in places certain, the keeping of Parks, Woods, Forests, Chases, Warrens, Gates, and other Bayliwicks, and Offices in fee; And in all these cases the writ shall be, de libero tenemento: All an Assise is given for common of turbarie, fishing and such like Commons appendant to a freehold, or without a free∣hold by special deed (at least) for term of life.

If any holding for years or in ward alien in fee, reme∣die shall be had by an Assize, and both the feoffors and feoffees shal be had for disseisors, so that during the life of any of them the said writ shall hold place; but if they die the remedie shall be by writ of entry.

the giving of this writ in new cases shal not diminish the force thereof in those, wherein it had force before; and remedie also shall be had thereby, in case where on feedeth in the sevrall of another.

In this suit, if the defendant fail to make good the exception, which he pleads, he shall be adjudged a dis∣seisor without taking the Assize, and shall give to the Plaintiffe double damages both inquired, and to be in∣quired; and besides shall suffer a years Imprisonment

If such an exception shall be alledged by a Bailiffe the taking of the Assize shall not thereby delayed nor yet the judgement upon the restitution of the land and damages: Howbeit, if the Master of such Bailiffe afterwards offer to prove to the Court by matter of Record, that there was just exception, whereby the Plaintif might have been barred, he shall have a ve∣nire facias, to produce such record; And then, if the Justices see cause, the plaintif shall be warned to ap∣peare at a certain day, and the defendant shall then have again his seisin and damages, and the plaintif shall be punished by Imprisonment at the discretion of the Iustices: In like manner also shall the Iustices proceed, in case the defendants proof is by deeds and releases; for if the plaintif purchased the Assize con∣trary to his own deed, he shall be punisht, as aforesaid.

Stat. 7. R. 1. 10. An Assize of novel disseisin for 〈◊〉〈◊〉 issuing out of Lands in divers Counties shall be take•• in confinio comitatus, as is used for Common of Pas•••••• in one County, appendant to tenements in another.

Stat. 1. H 4. 8. A speciall Assize is maintainable by the disseisee for such lands, as are granted by the King patent, without title first found by inquest for th•• King, without suit to be made to the King in that be¦halfe; And if the pattentee pray in Aide of the King a procedendo shall also be granted without suit. Here 〈◊〉〈◊〉 the Assize passe for the disseises, he shall recover 〈◊〉〈◊〉 damages against the patentee.

Stat. H. 4. 8. If any make forcible entry into land by way of maintenance, the Chancellor of England shall grant a special Assize without suing to the King and if the disseisor shall be attainted thereof, he sha•• suffer one whole yeares imprisonment, and restor•• double damages to the party grieved.

Stat. 21. H. 8. 3. The plaintif in Assize may abridg••

his plaint of any part, whereunto a bar is pleaded without prejudice to the residue.

Merton 3. 20. H. 3. A man disseised recovering his seisin by Assize of novel disseisin, or confession of the party, and having the same delivered him by the She∣rif, if he be again disseised of the same tenements by the same disseisor, he shall have a writ of redisseisin to command the Sherif (taking with him the Keeper of the pleas of the Crown, and other Knights) in pro∣per person to go to the land, &c. and by the first Iu∣rors or other lawfull men to make inquiry: Howbeit, this must not be without speciall commandment of the King: The redisseisor shall be imprisoned.

Marlbr. 8 52. H. 3 And not delivered without special command of the King, and payment of a Fine.

Westm. 2. 8. 13. E. 1. Writs of redisseisin must be inrol¦led in the Chancery, and transcripts thereof shall be sent into the Exchequer.

Westm. 2. 26. A writ of Redisseisin shall lie for them-that have recovered by default, reddition, or other∣wise, without recognition of assizes or Iuries: The redisseisor shall answer double damages, and not be re∣previsable by common writ.

Rule 8. Westm. 2. 24. 13. E. 1. Giveth an assize of nusance against him, to whom the tenement is aliena∣ted after the nusance is made.

Stat. 6. R. 2. 3. The Plaintif, if he will, may have a writ of nusance in the nature of an Assise, determina∣ble before the Iustices, or before the Iustices of Assize.

Rule 9. Magn. Cart. 12. Vide suprae, Rule 2.

Marlb. 16. 52. H. 3. If the Lord will not render unto the heir the land (when he comes to age) without plea, the heir shall recover his land by an Assize of Mort∣dancestor, together with all his damages.

West. 2. 4. 13, E. 1. If a woman haveing no right, reco∣ver

Dower against a Guardian, the heir at full age shall have a Mortdancester aginst her.

Glocester 3. The heir shall have an Assize of Mort∣dancester, if the tenant by eouttesie alien, and leas•• no Assets.

Glocester 6. All the heirs, whereof one is Son o•• Daughter, Brother, or Sister, Nephew or Niece, and the other in a further degree, shall joyne in a Mortdancester.

Rule 10. Mag. Cart. 13. An Assize of Darrein pre∣sentment shall be alwayes taken before the Iustice of the Common place.

Rule 1••. Westm. 2 24 13. E. 1. A writ of Juris utr•••• shall be granted, to try whether free almes belong to one Church or another, in case where they are trans∣ferred from one Church to another.

Rule 13. Stat. 31. H. 8 1. Iointenants and tenants in Common of an estate of Inheritance in their owne right or in the right of their wives in any Mannors, Land, &c. may be compelled to make partition by writ de partitione facienda, as Coparceners are compellable to do, and afterwards shall have aid to deraigne the Warranty paramount, and to recover pro rata, as Co∣parceners (after partition) should.

Stat 32. H 8. 32. Iointenants and tenants in com∣mon, that hold for life or years amongst themselves, 〈◊〉〈◊〉 with others, that have Inheritance or freehold in any Mannors, lands, &c, shall also be compelled to make partition by the said writ to be pursued upon their case Howbeit, such partition shall not be prejudicial to any but the parties, to such partition their executors and assignes.