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;

CHAP. 39.

Rule 5. GLocester 5. 6. E. 1. An Action of waste is maintainable aginst tenant by the cour∣tesie, in dower, for life or years; and the party attainted thereof shall lose the thing wasted, and recompence the party grieved thrice so much as such waste shall be taxed at.

Westm. 2. 14. 13. E. 1. the processes in a writ of waste shall be summons, attachment, and distresse; and if he come not, then a writ unto the Sheriffe (taking with him 12 men) to go to the place wasted, aed there en∣quire of the waste, and upon that waste returned judg∣ement shall be.

Stat. 11. H. 6. 5. Where the tenants grant over his e∣state, but notwithstanding takes the profits, and com∣mits waste, an action lies against him.

Magn Cart. 4. 9. H. 3. The Guardian may not commit waste, in pain to lose the Wardship: And (Cap. 5.) must repaire and sustain the houses of the profit of the land.

Glocester. 5 6. E. 1. If the Guardian commit waste, and the Wardship lost answers not the damages before the heires age, he shall render damages to the heir other∣wise.

Artic. super Cart. 18. 28. E. 1. An Escheator commit∣ting Waste upon Wards lands, shall answer damages,

Stat. 36. E. 1. Stat. 1. 13. The heir shall have an action of waste against the Escheator committing waste, as well within age, as when he is at full age: See also 14. E. 3. 13.

Westm. 2. 22. 13. E. 1. A writ of waste is given for one

Jointenant or tenant in common against another, wherein the defendant is to be at his choise, to take his part in certain (and then to have for his part the place wasted) or to agree from thenceforth to take nothing more, then his Companions do.

Glocester 13 6 E. 1. Hanging a plea by writ, the te∣nant may not commit waste, nor estrepment of the land in demand, and if he do, the demandant may have a∣writ to cause the land to be kept, that no wast nor estrep¦ment be done.