Jurisdictions: or, The lawful authority of courts leet, courts baron, court of marshallseys, court of pypowder, and ancient demesne : together with the most necessary learning of tenures, and all their incidents, of essoynes, imparlance, view; of all manner of pleadings, of contracts, of the nature of all sorts of actions, of maintenance; of diverse other things, very profitable for all students of innes of court and chancery : and a most perfect directory for all stewards of any the sayd courts. / Heretofore writ in French by the methodically learned, John Kitchin of Grays-Inne, Esq; and now most exactly rendred to more ample advantage in the English tongue; with a demonstrative table, pointing out all matter of consequence, throughout the whole work. Whereunto is added the authentick formes of all manner of writs, with their severall returnes in English, very usefull for all men in this Common-wealth, as they be now used.

THE PREAMBLE.

FIRST, [ 1] before I write of the Order of Courts Leets, Courts Barons, you ought to con∣sider for what cause the King was ordained of God.

Secondly, [ 2] For what cause the Law was ordained.

Thirdly, How ancient these Courts are, [ 3] and for what causes and matters they were ordained; and also how ne∣cessary it is, that the Law be duely and truely administred in these Courts.

And first, Fortescue, leafe the 30. saith, As a naturall body cannot be without a head, so a Realme cannot be governed without a head, which is the King: And there he further saith, That whensoever of many, one is con∣stituted amongst them, one shall be Governour, and the rest shall be governed. Britton, leafe the 1. saith, The King is ordained of God, that the Peace be kept; the which cannot be well without Law. And Fortescue also saith, All power is of our Lord God. Bracton saith also, That the King is Gods Vicar upon Earth, to seperate right from wrong, Justice from Injustice, that all which are Sub∣jects to him should live honestly, and none should hurt another; but that to every man which is his owne by a rightfull contribution should be given; for he is called King by well Governing.

Stamford, leafe the first, saith, The King is the preser∣ver, nourisher, and Defender of all his people, and that by his great travell, study, and labour, his people onely injoy their lives, Lands, and Goods: But all those which they have in peace and tranquility, and that by the Law. And as the body of a man cannot live without the head, but will fall downe unto the ground; so the Common∣wealth

cannot be governed without a head, which is the King. Also Seneca saith, Where there is not a Governour, there the people will be confounded, Prov. Chap. 11. Where there is not a Governour, the people goe to ruine, Rom. chap. 13. There is no power but of God; and which are the true Powers, are ordained of God.

The Person of the King, and the Queen his Wife.

By the Commentaries, leafe the 45. By the 7. of Edw. 2.34. The King is a Corporation. See 1 H. 7. leafe 10.21 Edw. 4. Title Age, it is no Plea that the King is with∣in Age, 1 Edw. 6. title 373. the King shall have his Age as Duke of Lancaster, and not as King, by the Commenta∣ries, leafe 213. See Stamford 10. If the King grant a Lordship to one in Fee, the Grantee shall not have his Prerogative, but if he grant that for life to the Queen and Prince, that remaineth in the King; and for that the Queen and Prince shall have Prerogative; and though that the Queen is a person exempt from the King, and may sue and be sued in her owne name; yet that which shee hath is the Kings, 1 H. 7. leafe 29. where a Rever∣sion was to the Queen; Ayd shall be of the King by Towns∣end, and by some of both the Benches. Stamford, 75. Pe∣tition shall be to the King himselfe onely, and not to the Queen or Prince.

3. H. 7. leafe 14. The Queen is as a common person, and as a Woman alone, to let for life, and to make per∣sonall things.

11. H. 7. leafe 7. The King letteth to the Queen for life, and shee leaseth at will: In Trespas against the Te∣nant at will, he shall not have aide of the King, for he is a stranger to the Patent of the King, 7. H. 7. leafe, 17.

18. Edw. 3. leafe the first, Phillip, the Queen, brought a Quare impedit, and held that the Queen may bring a Writ in her owne Name, and shall finde no pledges, and for that it shall not be in the Writ, Vnde, &c. 20 Edw. 4. leafe 1. Fitzherbert, 101.

21. Of the Book of Assises, 13. the sayd Phillip brought Deceit of a Fine levyed by Tenants in ancient Demesne at the Common Law.

19. Edw. 4. leafe 2. J. B. granteth to the Queen, the

next Advowson of the Church of Dale, and shee alone of that bringeth her Quare Impedit.

49. Edw. 3. leafe 4. The King may give to the Queen for her life, and shee may have an action alone, and so cannot another marryed Wife.

The Law.

And for that, that it is necessary and expedient to shew for what causes the Lawes were ordained, Fortescue, leafe 31. saith, That as by Senews the compact of the body is knit together, so by Law (which of binding is so called) this mysticall body is bound together, and kept in one: And Plowden, leafe 9. b. saith, The Law is appointed to the King to governe his people, and that by three Lawes, that is to say, Generall Law, Customes, and Statutes: In Matth. chap. 22. it is written, That Christ sent forth his Servants that they should call to the Wedding; that is to say, He sent his Prophets and Preachers, and they would not come; and there it is sayd, That he againe sent out other Servants, saying, Goe and invite, and that is intended our Law, which commands, constraines, and bridles us to come to God, and to feare and obey, God and the King, and to keep us in Peace, and to make that every one may hold in peace and tranquility, his Goods, Lands, and lives, and all that we have. Heraclites saith, That without Lawes, by no meanes a City can be in safe∣ty, but without Walls it may: And Fortescue, leafe 10. saith, That thou mayst feare God, the Lawes call thee, and in leafe 11. That humane Lawes are no other then Rules, by which Justice is taught. The Prophet David saith, Where there is no Order, there everlasting hor∣ror doth dwell; and without Law there can be no Order; See Saint Germaine, leafe 7. saying, Law is ordained for the salvation of the Soule, and for to fulfill the Lawes of God, and to draw the people to flie evill and to doe good; And see in the Doctor and Student, leafe 8. the six grounds of the Law.

First, [ 1] Our Law is grounded upon common reason.

Secondly, [ 2] Upon the Law of God.

Thirdly, [ 3] Upon diverse generall Customes.

Fourthly, [ 4] Upon diverse Maxims.

Fifthly, [ 5] Upon diverse particular Customes.

And sixthly, [ 6] Upon diverse Statutes: And for that the Law is more necessary for Government.

Bracton saith, The Law maketh the King; let the King therefore attribute unto the Law, that which the Law hath given unto him; that is to say, Dominion and Power; he is not truely King, where will doth rule and not Law. And Fortescue, fol. 8. saith, The Law is a sanctified holi∣nesse, commanding holy things, and forbidding the con∣trary; and likewise, fol. 9. saith, That Lawes made by man, which to this doth receive power of God, and they are likewise constituted by God.

Plowden, fol. 55. b. As Subjects of the King are borne and inherite Lands, so to inherite Lawes; so that Lawes being the Inheritance of the People, the Stewards can∣not by Letters, or otherwise, gainsay nor take from the Te∣nants the Law.

By the Commentaries, fol. 229. Saxon Law was, that the eldest Son should inherite; and Brittons Law was Gavelkinde, as in Kent and North-wales.

By the Commentaries, fol. 18. Words of Law may be broken for necessity, as in the case of Revenger, 14. H. 7.29.

7. H. 7. fol. 7. If a Prisoner be in Famine, and hath not sustenance, if he breake Prison, it seemeth not to be Felony; for the Law of God was ordained to call us, and if we will not come, then our Law, to bridle us sharp∣ly to come to God; and our Law hath regard to necessity and charity; and for that, 20. H. 7. fol. 2. where a mar∣ryed Wife is throwne, or struck with a Horse, or is in sick∣nesse, one may assist her, and give her meat and drink.

20. H. 7. One administers about a buriall, that is no Administration, for it is a work of charity.

Doctor and Student, fol. 4. Beasts have certaine rule given to them by nature, necessary for their being, but the Law of Nature and Reason moveth a man to good, and is written in the heart of every man, to move him what is good to be done, and what is to be avoided. The Law of God is given by Revelation, and light of under∣standing, and there the Law of God ordaines man to e∣ternall life, and is Law to the happinesse of this life; and this Law is to doe as you would be done unto, and this Law will that Justice be done to every man, and that no wrong be done.

Doctor and Student, fol. 2. There are foure manner of Lawes, that is to say, The eternall Law of nature, and Rea∣son, the Law of God, and the Law of Man.

By Marlebridge, Chap. 1. it is enacted, That as well the greatest as the smallest, should have and receive Ju∣stice in the Kings Court, and that none of another, re∣venges or destructions should make by his will, without consideration of the Kings Court.

Westminster the 1. Chap. 1. Common Right should be made to all, as well to Poore as to Rich, without regard of any: See Stamford, fol. 56. of Justice.

2 Edw. 3. cap. 9. No command, either by the great Seal, or Privy Seale, to disturbe or delay common right. And for so much, the Justices should not forbeare to doe right in any point.

18 Edw. 3. The Statute of the Oath of the Judges, is, If any Letters to the Justices come contrary to the Law, that you shall doe nothing for such Letters, but certifie the King of it, and resolve before to execute the Law, notwithstanding those Letters.

And to conclude of these matters, You ought to con∣sider, that God created Man, onely to serve him, and created all other creatures in the World, for the service and use of Man; as the Prophet saith, Thou hast subje∣cted all things under his feet, all Sheep and Oxen, and likewise the Beasts of the Feild, Birds of the Aire, and Fishes of the Sea, which walke through the paths of the Sea; so that all was made for the use of Man, and yet without Law a man cannot injoy that; and God being mindfull of Man, to serve him as the Prophet saith, What is Man that thou art mindfull of him, or the Son of Man, that thou hast regard unto him: And for that God hath or∣dained Kings to governe, and to keep men in obedience, to serve and obey God, the King, and his Lawes, for to disobey is detestable: And Paul to the Romans, Chap. 13. saith, Every soule is subject to the higher powers, for there is no power but of God, which powers verily are ordained by God; so that whosoever resisteth that power doth resist the Ordinance of God: And Peter, Chap. 2. saith, Be subject to every humane Creature, for the Lord, and to the King as Saperiour. And then for that, that the King is ordained of God, to make his people to serve

God, and to keep his people in obedience: If you diso∣bey the King, you breake that which is commanded con∣trary in the Scriptures, and so you disobey God: And you see that if God had not been mindfull of us, and had not created and ordained the King to governe us (being of fraile nature) and that by Lawes to bridle our fraile nature, none could enjoy his Lands, Goods, nor his life in safety: And for that, that the Law is so necessary. Now let us see when, and how, these Courts Leets, and Court Barons began.

Fineux, * 1.1 12. H. 7. fol. 18. saith, That at the beginning all the administration of Justice was in the Crowne, and where the King was, there was the Law administred: Then afterward, for the multiplicity of the people, was the Court Leet for punishment of offences, and annoy∣ances to the Common-wealth within the Precinct of that, and the Articles and paines are ordained to that end, and it is called, The view of franke pledge, for that the King there may be certified by the view of the Steward, how many people are within every Leet; and also to have account and view by the Steward, of their good govern∣ment and manners in every Leet: And also the Leet was ordained to have every person, of the age of twelve years, which had remained there by a yeare and a day, to be sworne to be faithfull and loyall to the King; and also for that, that the people there might be kept in peace and o∣bedience, these Courts Leets were ordained.

And Court-Barons were ordained to determine Inju∣ries, * 1.2 Trespasses, Debts, and other actions, as afterwards it appeareth, where the debt or the dammages are under forty shillings: And also for that, that the Lords of the Mannors and Court-Barons, have given their Tenants their Lands and Tenements, before the Statute of Westm. the third, to hold of them, for that also Homagers of Court ought to inquire in this Court, that their Lords shall not loose their Services, Customes, nor duties. And also it was ordained to make their Suites there, and so to shew them obedient to their Lords, and that nothing be made within the Mannor, to be an annoyance or hurtfull to the Inheritances of the Lords of the Mannors, which should not there be inquired of, and presented for the Lords of the Mannors, as afterward. by the Articles more plainely ap∣peares.

And so now you see here breifly, that the Realm cannot be governed without a King; and that the King for that cause is appointed of God, and that the King go∣verne by the Law, * 1.3 and cannot governe his people with∣out Law; and also you have heard, how ancient and how necessary these two Courts are for governance of the People.

And now for that these Courts are held within Man∣nors, and that a Court-Baron is incident to a Mannor; It is fit to know how Mannors did begin, and within what Mannors Court-Barons are held, and in what not.

Parkins, fol. 127. saith, That the beginning of Man∣nors was when the King gave a thousand Acres of Land, or a greater or lesser parcel to one and his heires, to hold of him and his heirs: and before the St. of Quia emptores terra∣rum (because buyers of Land) one seised of Lands did in∣feoffe one of ten Acres, another of twelve Acres, and the third of twenty Acres, every one of them to make service unto him; and so by continuance of time out of minde, &c. he had a Mannor. Also in the 33. yeare of H. 8. Comprize, &c. 31. * 1.4 A man cannot make a Mannor at this day, for notwithstanding, that a gift in taile be made to diverse, to hold of the giver by Services and Suit of Court, though by that there be a tenure, yet it cannot make a Court, for that cannot be but by Prescription: And if a Mannor be, and all the Freeholders but one Escheate, * 1.5 or if the Lord purchase them, it is no Mannor; and there cannot be a Court-Baron without Sutors, and not with one Suitor onely, 35. H. 8. Tenures, 102. 23. H. 8. Court-Baron, 22. Suit, 17.

Fitzherbert, 3. C. If one hold of another, as of a Sig∣niory Ingrosse, which is not a Mannor, he hath no Court Baron.

Fitzherbert, 8. b. Where a man giveth all his Land in Taile, there is a Signiorie Ingrosse, and he shall have no Court; but if he were seised of a Mannor, and give par∣cell of the Demesnes in taile, it is otherwise.

22. H. 6. Title 2. Services is parcell of a Mannor, but not the Land of the Mannor, unlesse it be Copihold, for if a man hath a Mannor in the County of Westmer∣land, and one holdeth Land of that Mannor, which Land is in the County of DARBY, hee shall demand

that Mannor in the Counties of WESTMERLAND, and DARBY.

18. of the Booke of Assises, 3. If a man seised of a Mannor, doe alien foure Acres in fee, this is separated, and no part of the Mannor; but if the Husband seised of a Mannor in right of his Wife: alien foure Acres for life, and afterwards grant the Reversion of that in fee to P. and afterwards P. purchase the whole Mannor, to which the Husband and Wife levie a Fine, * 1.6 upon acknowledg∣ment of Right, as that which he had of their gift. The Fine extendeth to the foure Acres which were severed, for they were parcell in reversion, as of the Man∣nor.

And in the 36. H. 8.4. Two Coparceners make parti∣tion of a Mannor, so that each of these have a parcell in Demesnes, and a parcell in Services: Now each of these hath a Mannor, and each of these have two Suitors, but otherwise it is if one have but one Suitor, he cannot hold a Court-Baron: But 12. H. 4.25. Partition is made of a Mannor, that one Coparcener shall have the Demesnes and the other the Services, the Suit to the Court is sus∣pended, and during that there shall be no Court-Baron held: And 8. H. 3.4. and 34. H. 6.53. It is held that a Court-Baron is belonging to a Mannor of common right, so that within every Mannor shall be a Court-Baron, un∣lesse there be no Suitors there, or that by partition the Suit is suspended, as it is before said: But note that di∣verse are called Mannors, within which are not any that hold of these Mannors, but only Copiholders at the will of the Lord, according to the Custome of the Mannor, and there are no Freeholders which hold by Charter; and yet these Lordships are called Mannors, and in these are Court-Barons, 19. H. 8.17. Court-Baron is belonging to a Mannor.

And now though the honourable Judges of both Ben∣ches, and the Honourable Lord cheife Baron, and the other Judges there of Record, at this day are altogether given to administer Justice to all, without respect of any Persons, * 1.7 according to the Statute of the 1. of Edw. 3. Chap. 14. which is, that right be made as well to poore as rich; and that none send Letters in disturbance of the Common Law; so that praise be to God, their whole in∣clination

to the administration of Justice, may be a suf∣ficient example to all Stewards, to administer Justice, and not to have regard to Letters: Yet in some Court-Ba∣rons, I have seen such subverting of Justice by Stewards, some by Ignorance and wilfulnesse, and some Stewards to please their Lords, and for feare of loosing their Fee, being but Stewards at the will of their Lords, and some for Letters, and other causes, that Justice many times hath not place there, to the perillous example and over∣throw of Estate; and for that, that henceforth hereafter Justice in these Courts may be the better administred, be∣fore that I shall treat of the Courts aforesaid, I think it is convenient to write to the Stewards, these sentences insuing, to be a Glasse to Stewards to reade their bet∣ter remembrance to administer Justice, and for that it thus followeth.

Who worketh Justice, he shall be advanced. Eccles. 20.

Blessed are they which hunger and thirst for Justice, for they shall be satisfied, Matth. 16.

Justice advanceth a Nation, and it maketh a miserable people to be pacified, Prov. 19.

He that justifieth a wicked man, and condemneth the just man, he is most abominable with God, Pro. 17.15. Un∣less your Justice abound more then that of the Scribes and Pharisees, you cannot enter into the Kingdome of Heaven, Matth. 18. The soules of the Just are in the hands of God, Wisedome. In the streight path of Justice, but the contrary way leadeth to death, Prov. 12.

Love God, and thy neighbour as thy selfe, then if you doe not Justice, how doe you love him, who is Justice and truth, and how doe you love your neighbour as your selfe, Matth. 22. Justice surely is immortall and everlasting, Injustice is the wages of death; love Justice you that Judge the Earth, Wisedome 1.

Riches doe not prevaile in the day of revenge, but Ju∣stice shall free from death, Prov. 2. God shall give to the Just the reward of their labours, Wisedome 10.

And if any love Justice, his labours have great vertues, sobriety and vertue, then which there is nothing more pro∣fitable in this life to men, Wisedome 1.

Nothing truely can be honest, which wanteth Justice, Tully in his Offices.

From Justice, as out of a certaine Fountaine, all rights doe spring, for a just man hath a will to give to every man his owne, Bracton.

Another Cause of doing Justice.

It is appointed for all men once to dye, and afterwards to come to Justice: And as Athanasius saith, At whose comming all men shall rise with their bodies, and shall give a reason and account of their owne workes, and they that have done good shall goe into life everlasting, but they that have done evill into everlasting fire.

What men have done this present time of life,

Shall reap the Harvest, when Goe and Come is rise, Rev. 14.

Blessed are the dead which dye in the Lord, for their workes follow them.

Corinth. 1. Chap. 3. Every one shall receive his reward according to his worke.

2 Corinth. 4. Who soweth in blessednesse shall reape in blessednesse; if Christ had not been borne of the Virgin Mary, and dyed for us, no man could have come to eter∣nall life; therefore beleeve and doe Justice, and then shall yee have the aforesaid thing promised. And note, That though Christ hath redeemed us, yet if we doe evill, it is written, We shall goe into everlasting fire; and for that, obey and feare to breake the Commandements of God: and then, in doing of Justice, you doe the Com∣mandement of God, for which you shall have the thing promised; that is to say, Eternall life; for not all which say unto me, Lord, Lord, shall enter into the Kingdome of Heaven, but those that doe the will of the Father, saith Saint John: Therefore if you will have eternall life, doe Justice, and also remember that death doth not de∣lay, no man knoweth his day; and therefore prepare your life, and doe Justice, because no man knoweth his end; and as Fishes are taken with a hook, and Birds taken with a Snare, so the body of a man in the day of evill.

The third Cause of doing Justice is to have a good Report.

Have a care of a good name.

It is better to have a good name then much Riches.

Cursed is the man that neglecteth his good Name.

It is better to have a good Name then precious Oynt∣ments; and to conclude, he saith, What profiteth, If you shall gaine the whole World, if you shall loose your owne soule.

First, the Steward shall make a Precept to warne the Court by reasonable warning, as by six or more dayes, as followeth; and it is the better, if it be by fifteene dayes, according to the common dayes in the Bench.

The Precept.

J. K. Steward to the Bayliffe thereof, health; * 1.8 I com∣mand likewise and appoint, that diligently you give to understand the view of Frankpledge, of the Court there to be held, against the Thursday, that is to say, the six∣teenth day of October next comming after the date of these presents, and have there this command: And as, &c. Dated under my Scale, the first day of this moneth of October, the yeare of the Reigne of Queen Elizabeth, by the grace of God, of England, France, and Ireland, De∣fender of the Faith, &c. 21.

Then enter your beginning of your Court-Rollin man∣ner following.

The view of Frankpledge with the Court, J. F. * 1.9 Clerk there held the Thursday, Viz. The sixteenth of October, the yeare of the Reigne of our Lady Elizabeth, Queene, by the grace of God, of England, France, and Ireland, Defender of the Faith, &c. the 21. held by J. K. the Steward there.

It is good to make this entry, that is to say, Held by J. K. Steward there: If there be any Copiholders there, for that the Name of the Steward is in the Copy to the admittance; then after this entry the Steward shall cause the Bayliffe to make Oyes, three times, if it be a Leet, for this is the Kings Court, though the other hath that by Grant, or by Prescription.

In the yeare 21. Edw. 4. fol. 37. is, that where either adjournment of the Terme, or other matter for the King, * 1.10 is: There at the beginning there shall be three Procla∣mations made, and in all other matters which are not for

the King, but one Proclamation; and for that at the be∣ginning in the Court-Baron shall be but one Proclama∣tion; and in Court Leet (for that it is the Kings Court) shall be three Proclamations, Scilicet, O yes three times shall be made.

Note that none may make Proclamation, but by au∣thority of the King, or Maiors, and such like, where they have used it by Custome, 22. H. 6. fol. 19.

Then forthwith after the three Proclamations made, the Steward shall make the Bailiffe to say, All manner of Persons which are resident, or Deciners, and doe owe Suit royall to this Leet, come in and make your Suit, and answer to your names, every one upon paine and pe∣rill which shall ensue.

And after that all are called, and all which are absent are marked to be amerced, then the Steward shall cause againe (if it be in a Leete) to be made three other Oyes.

And forthwith after the three Proclamations made, the Steward shall cause the Bailiffe to say,

If any man will be Essoyned, and in Court Baron, If any will be Essoyned, or enter any Plaint, come you in and you shall be heard.

And then the Steward ought to say, Essoynes and pro∣fer, of Suit and Plea three times, and in the end Essoyne for this day; and then the Steward enter the Essoyne in the Court Roll, as it followeth in the entry of the Court Roll.

Then after this the Jury shall be impannelled, and first, one shall be sworne, and after three or foure together, and the Oath shall be as followeth.

You shall enquire and faithfully make presentment of all things which I shall give you in charge, * 1.11 your Companions counsell, the King, and your owne, you shall keep, and you ought to present the truth, and nothing but the truth, So helpe you God.

But in the Court Baron there shall be omitted in the Oath (to keep the Kings counsell) for that is no Court of the Kings, as a Leet is.

Note in the 27. * 1.12 of the Book of Assises, p. 65. a Juror was arraigned in the Kings Bench as a Felon, for that he was one of the Indictors of certaine persons of felony,

and discovered the counsell of his▪ Companions, and in Leet it is counsell of the King: Yet (Seck) if he were attaint, what Judgement shall be given.

And when the Foreman of the Jury for Court Leet, or Court Baron is sworne, three or foure shall come to the Booke together, and shall be sworne together, as afore is said.

To which the Steward shall say, The same Oath which J. S. your Foreman hath taken of his part, you for your parts well and truely shall observe and keepe, So helpe you God; and so the rest shall be sworne by three or foure together, as in a Leet, at least there shall be twelve sworne.

For 6. H. 4. fol. 2. is, * 1.13 that a Presentment in Leet shall be by twelve, and not by fewer; otherwise every Present∣ment there is traversable: And 3. H. 7.4. If any stranger be there, if there be not sufficient residents there to be impannelled, the Steward may impannell a stranger there, for that it is to enquire for the King, and for redressing matters which are annoyances to the Common-wealth; and if more be sworne then twelve (as they may be for the King) yet if twelve of them agree, and the residue not, it is a good Verdict, and it used very often to be fifteene, sixteene, or seventeene of the Jury in the Leet; but a Jury to try an Issue betweene parties by twelve one∣ly, as it appeareth by 21. Edw. 3. fol. 31. and 29. Edw. 3. fol. 43. And that a Verdict of eleven shall not be ta∣ken, 41. of the Book of Assises, p. 11. * 1.14 yet in a Court-Baron there may be impannelled and sworne there lesse then twelve to inquire of Articles for the Lord.

The cause that the Jury shall be sworne, is, That the end of all controversie to confirmation is an Oath, and this is the cause that the Juries are sworne, and not other∣wise credited: And see Fortescue, fol. 54. The tryall in this Realme by tryall by twelve, is a good tryall and ne∣cessary, as at large by him appeareth.

Exhortation to the Jury.

Feare God and keep his Commandements, this con∣cernes every man; then I pray you, How have you the feare of God? How doe you keep his Commandement,

which is the whole truth, if you doe not regard your Oath: Remember also Jeremiah, Chap. 4. which saith, You shall sweare in truth, in Judgement, and in Justice, and so remove love, feare, hate, and hope; that is to say, that you doe nothing for love, nor for feare, nor for malice, hatred, hope of benefit and gaine, but to present justly; and you ought to remember who saith, Be not over∣come of evill, but overcome in good evill, Saint Paul: you shall not receive gifts, because gifts blind the eyes.

But you ought to present justly, Deut. Chap. 16. Woe to them that call good evill, and evill good, Isai. 15. Thou shalt not annoint thy fist, nor beare false witnesse a∣gainst thy neighbour, Exodus. Chap. 20.

The lips of a Lyer, are an abomination to the Lord, Prov. 6.

It is just Judgement, where not the person but the workes are considered, Plato. And so from your hearts, expell all affection, and be yea mindfull how many threat∣nings God hath appointed for breaking of an Oath.

First, the Prophet saith, Thou hatest all that worke in∣iquity, thou destroyest all which speak a lye, Dan. 5.

He that blasphemeth the name of the Lord, shall dye with the death, Levit. Chap. 14.

Thou shall not live because thou hast spoken a lye, Ze∣chariah 13.

Ananias and Saphira for a lye in selling a Feild, forth∣with were slaine, Acts Chap. 5.

And so you see what perill and indignation is from God, for not regarding your Oath, and to utter the truth you shall be sure to be the children of God, which is truth, and you shall obtaine quietnesse to your selves, and to all your neighbours, and your Common-wealth shall florish with vertue, and offendors and sinners shall be punish∣ed, and abolished; for the Leete is appointed to that end.

And note, that at the beginning, there might be every yeare as many Leets as he would, which had that in his Mannor.

And after that Leets were ordained to be held but twice in the yeare, * 1.15 by the Statute of Magna Charta, Chap, 35. Scilicet, betwixt the Moneth of Michaelmasse and Ea∣ster.

6 H. 7. fol. 2. Presentment of Felony in the Turne of the Sheriffe, held after the Moneth of Easter is void, al∣though it were for the King; for the Statute is, That the Sheriffe in this case shall loose his Turne, which is as much to say, all in that shall be voide, 38. H. 6. fol. 7. the same. But by Prescription, Leets are held a day certaine in the yeare: And after the authority of the Leet, was enlarg∣ed by the Statute, de 18. Edw. 2. called the Statute, De visu Franchi plegii: And after by diverse others, * 1.16 for what things are inquirable in Leets, as in the Charge more at large may appeare; and all the Articles are but for the advancement and preservation of the Common∣wealth, as by the Articles of your charge, more at large may also appeare: And in so much now, that you see for what cause Leets were ordained, and how the authority of them is inlarged, for Government of the Common∣wealth: Now you ought to consider, that you which are of the Jury are chosen in such manner as the Angels of God are at the last day of Judgement of man; for as it is written, Then shall the Angels come out, and shall se∣perate the Ill from the midst of the Just: And so you ought to separate the Just from the Ill persons, and you ought to see that the offendors be punished, and the Just preserved; for as the Touchstone is provided to try the purenesse of the Gold and Mettals, so are you chosen the Touchstone to see the Weed to be taken from the Corne, and the Corne to be preserved; and you ought to see the King and the Common-wealth preserved, and Justice to be administred, which is the preservation of the King, * 1.17 and his Common-wealth; and so for that, that you see your duties, and consider your Oath, I will declare to you the Articles of your Charge.

The Charge in Leet.

First, You ought to consider, * 1.18 that some offences (as petty Treasons and Felonies, which are against the Crowne and Dignity) are inquirable and presentable in a Leet, but not punishable there; but by the Statute of 1. Edw. 3. the last Chapter, * 1.19 they ought to be written and Indented, and one part to remaine with the Steward, and the other with the Jury, and it ought to be delivered

to the Justices of Assise, at the next Goale delivery held within the County.

And first, these following are to be inquired of, and to be certified, as afterwards is said.

First, * 1.20 You ought to inquire, if any counterfeit the Great Seale, Privy Seale, or the Armes of this Realme; and by the 25. Edw. 3. Rastal, Treasons 1. they are high Treason, and yet inquirable here, as Felony, and to be certified as is aforesaid.

2. Also if any counterfeit the Money of this Realme, * 1.21 or of another Realme being currant in this Realme, it is high Treason, 1 Mary, Rastal, Treason 21. And by Stam∣ford, fol. 3. but inquirable here as Felony.

3. Also is the counterfeiting of the Seale manuall, * 1.22 Privy Signet, or Privy Seale, and are inquirable here as Felonies, Rastal, Treason 1. 27. H. 8. c. 2.

4. Also the Clipping, * 1.23 washing, or filing of Money, is high Treason, by 5. Eliz. and inquirable here as Felony, Rastal, Treason 29.

5. Also if any Servant kill his Master or his Mistrisse, * 1.24 or Preist, or any other Religious, kill his Ordinary, by the 35. Edw. 3. C. 2. Rastal, Treason 1. is petty Trea∣son, and inquirable here, as Felony, 12. Booke of As∣sises, 30.

6. Also if any Woman kill her Husband, * 1.25 it is petty Treason, and is inquirable here as Felony, 19. H. 6. fol. 47.

7. Also cutting out of tongues of men, * 1.26 and putting out their eyes of malice, is Felony, and here inquirable, 5. H. 4.5. Rastal, Felony, 4. 19. H. 6. f. 47.

8. Also Murder is, * 1.27 when any of malice pretended, killeth another feloniously, and is inquirable here, 14. Edw. 3.

9. Also Man-slaughter is here inquirable, * 1.28 that is to say, When a place is not appointed to fight, but onely they fight together, and the one killeth the other when they meet by chance, Stamford, fol. 18. a. it is here in∣quirable.

10. Also if one kill the other (in defending of him∣selfe) he shall loose his goods: * 1.29 The same Law, where one killeth another by mischance, Stamford, 15. a.

11. Ravishing of a Woman, * 1.30 as trespasse is inquirable,

and where it is not presented before the Coroner, Stamford 23. b. 18. Ed. 2. Rastall, Rape. 2.

12 Rape as Felony, which is Felony made by the Statute, is not inquirable in a Leet, nor any thing given by Sta∣tute, unlesse it be inquirable by express words, but that which is made petty Treason by Statute, is inquirable as Felony by the Common Law, 11 H. 7. fol. 22

13 Burglarers are those, * 1.31 which in time of Peace break Houses, Churches, Walles, Towers, or Doores, after the Sun set, and before the rising thereof, though he carry away nothing, if their intent may appeare that it was to rob or kill, or to commit other Felony, it is Burglary, in∣quirable here, Stamford, fol. 30. b.

14 Robbery, * 1.32 is when a man taketh any thing from the person of another Feloniously, though it be but the value of a penny it is Felony, and Inquirable, Stamford 27. d. 22. of the Assizes. 29.

15 Also burning of a House Feloniously done is Felony by the Common Law, * 1.33 and also is burning of Barnes in the night, and inquirable, Stamford 36. a.

16 Burning of a Barn in the night adjoyning to a House is Felony by the Common Law, 11. H. 7. f. 1. * 1.34

17 Also robbing of Churches or Chappels, and taking of any Ornaments out of them Feloniously is Felony, and inquirable. * 1.35

18 Theft is the taking of anothers Goods with a frau∣dulent minde of stealing, against his Will whose Goods they are, and if it be above the value of twelve pence he shall be hanged, and Theft is here Inquirable, Stamford 24. L. * 1.36

19 If any rescue any which is taken for Felony, that is Felony, and here inquirable, 1 H. 7.9. * 1.37

20 Also taking Doves in the Dovehouse in the night with Felonious intent, is Felony, and here inquirable, but not where they are taken in their roost, out of the Dovehouse. Stamford, fol 25. C. 22. booke of Assises 95.18 H. 8. fol. 2.

21 Also taking of young Pigeons, * 1.38 or young Goshaukes in their nests in the night is Felony, and inquirable here. 14. H. 8. 18. Ed. 4 fol. 8.

22 Also the taking of Fish feloniously out of ponds, Stews, * 1.39 or Trunks in the night is Felony, and here inquirable:

But otherwise it is where it was taken in the River, there it is no Felony, 22 booke of Assises, 95 Quere, 18. Ed. 4. fol. 8.

23. Also the taking of tame Deere with a Felonious in∣tent, * 1.40 is Felony, the same Law the taking of Signetts, Swans marked, and Peacocks, and here inquirable, Stam∣ford, fol. 25. C. 18 H. 8.2.

24. Also if any one receive a Felon, * 1.41 well knowing of the Felony which he had done, that is Felony and here inquirable, Stamford, fol. 41. E.

25. And note that all other Felonies which are Felo∣nies by the Common Law, * 1.42 as these are, are here inquira∣ble, and see these after in Felony, otherwise the King shall loose yeare, day, and wast, and the Lord his escheat.

26. Accessaries are inquirable here, * 1.43 and that is, if one procure or command another to do a Felony, but is not present when the other doth that, this Procurer or Com∣mander is Accessary: Accessary after the Felony, is, where one receives a Felon and knowing of the Felony, Stam∣ford, 40. G.

27. Escape voluntary, * 1.44 is, when one arrests another for Felony, and after lets him go where he will, that is Fe∣lony, and here inquirable, Stamford 32. I.

28. Escape negligent, is when one is arrested for Fe∣lony, and after escape against the will of him that arrested him, and be not freshly pursued, and taken before the Goaler loose the sight of him, that is fineable, and here in∣quirable, Stamford 33. b.

29. Petty larceny, * 1.45 is the taking of any thing with a Fe∣lonious intent, under the value of twelve pence, as Hens, Geese, Pigs, or small things out of Windowes, Stamford fol. 24. G. and these are here inquirable.

30. Note that the Lords of which the Lands are held shall have the Lands of escheat, where their Tenants are attaynt in petty Treason or Felony, and the King shall have (yeare, day, and wast) by Magna Charta, cap. 22. * 1.46

And for that it is inquirable, what Lands and Tene∣ments these persons so offending have, and what Goods, for the King unless the Lord hath the Chattells of the Felons by Charter of the King, 9. H. 7. fol. 23.

31. And so note that all these matters in the Charge

aforesaid, are inquirable and presentable as is aforesaid but not punishable here, but shall be certified by the Steward in the Sessions, as is aforesaid, 27. H. 8. fol. 2.

But now the residue of the matters of the Charge which ensue, are inquirable and presentable, and are also pu∣nishable in a Leet, and shall not be certified as these a∣foresaid shall be.

1 First you ought to inquire if the Sutors and Deciners, * 1.47 scilicet, if any of them which are resident appeare in person, or not, and if any of them make default, to present their names, 18 Ed. 2. Rastall, Leet 1. the same book, Chapter 10.

2 Also if the cappitall Pledges appeare, * 1.48 for it appeareth by 45 of Ed. 3. fol. 27. that Pledges shall be found for every one that commeth within the Lordship to be of good beha∣viour, as the manner is, and it is inquirable if every one hath found suertyes, 18. Ed. 2.

3 Also if any hath dwelt within the Lordship by a yeare and a day, * 1.49 and be of the age of twelve yeares and not sworn to the Queen to be loyall and faithfull, that is in∣quirable.

4 Also if any villaines of the Lord are fugitive and re∣maine elsewhere out of the Lordship, * 1.50 and are not in the Demesnes of the King by a yeare and a day without claime, are inquirable. 18. Ed: 2.

5. Also if any customes or services due to this Court are neglected, how, by who, and in what Bayliffs time that was, * 1.51 18. Ed. 2.

6 Also if any annoyances be made upon the Land, wood, * 1.52 and water, that blocks, stocks, ditches, hedges, made, or a ditch made or filled to the annoyance of the People, or if any other thing be done to the noyance of the People, that is to the multitude, and not onely to one, is inquira∣ble, 18. Ed: 2.

7 Also if any Walls, Houses, Pales, * 1.53 or Hedges be made or erected to the noyance of the People, it is inquirable, 18. Ed: 2.

8. Also if any common wayes, waters, ditches, or pathes are turned out of their right course, it is inquirable, 18. Ed 2.

9 Also if any bounds are streightned or carryed away, 18 Ed. 2.

10. Also if any Lay-stalls are made in high wayes to the noyanee of the People, or if any carrion be cast into the high way to the noyance of the People, it is inquira∣rable.

11. Also if any make any encroachment upon the Kings high way.

12. Also if any commonly or openly breake the peace, * 1.54 as making frayes in disturbing and fighting the People, it is inquirable.

13. Also if there be any common Barretors in the Lord∣ship, as Scoldes, brawlers, to the noyance and disturbance of their Neighbours, present their names.

14. Also if any breake the common pound, * 1.55 to take di∣stresse from thence, present their names.

15. Also if there be any outcries made against the Lawes to the disturbance of the People, it is inquirable.

17. Also if any Ease-droppers, * 1.56 which stand under Walls or Windowes, by night or day to heare tayles, and to carry them to others, to make strife and debate among their Neighboures, present their names.

18. Also if any be common breakers of Hedges, pre∣sent their name.

19. Also if any keep and maintaine any bawdrey in their Houses, it is a cause to break the Peace, and is a vice which corrupteth the Common-wealth, and for that it is here inquirable, 27. H. 8. fol. 17.

Quatuor his casibus procul dubio cadet adulter, Aut hic pauper erit aut subito morietur; Aut cadet in causam qua debet judice vinci, Vel aliquod membrum casu vel crimine perdet.

By these foure changes, without doubt, an adulterous person shall fall, either he shall be poore, or shall sudden∣ly dye, or shall fall into some cause, that he shall be con∣demned by the Judge, or shall loose some member of his Body by chance or by the crime.

20. Also if there be any vagabonds or wanderers, and those which walk by night, and sleep by day, and if there be any which are common haunters of Tavernes or Ale-Houses, and go about, and having nothing to live of, are inquirable, 4. H. 7. fol. 2. In Leet is inquirable of night∣walkers.

21. Also if any go of Theeves messages, it is inquira∣ble.

22. Also if any take Pigeons in the Winter by nets or Ingines, it is inquirable.

23. Also if any by any way corrupt the common Wa∣ters, by whittening, by Lime, or by Flax, or Stuff laid in the Waters, by which the Waters are corrupt, it is inquira∣ble.

24. Also if any hath, or useth any false Measures, * 1.57 of Bushles or Gallons, Yard or Ells, or false Weights or Ballances, are inquirable, 8. H. 6. chap. 5. Magna Charta, chap. 25. 51. H. 3. Title Weights, and Measures, 5.

25. Also if any use double Poundes or Measures, * 1.58 that is to say, a small one to sell by, and a great one to buy by, in deceit of the People, it is inquirable, 27. Ed. 3.10.

26. Assise of Bread and Beere, that this be held, * 1.59 scili∣cet, that every one sell according to the price of Corne, is inquirable, and that it bee made wholesome for Men.

27. Also if Tiplers sell by Cups and Dishes, * 1.60 or Mea∣sures sealed, or not sealed, is inquirable.

28. Also if Butchers, Fishmongers, Innkeepers. * 1.61 Hag∣lers, Poulterers, Cookes, Vintners, and all other which sell Victuals, if they sell at reasonable prices, and not at excessive, having regard to the prices that Victualls are sold in places neere, and he which is convict shall pay the double that he hath received to the party damnified, and let it be inquirable, 23. Ed. 3.6. 10. H. 7. fol. 8. by Brian and Hussey, a Victualer shall be constrained to sell his Victuall, if the buyer offer ready Money, otherwise not.

29. Also if Butchers, Fishmongers, * 1.62 or other Victualers sell any corrupt Victuall not wholesome for mens Bodies, it is inquirable.

30. Also that Innkeepers, * 1.63 shall not sell Hay nor Oates but at reasonable prices, and shall not take for the bushell above one half penny above the common price in the Market, and shall take nothing for Litter, and that is in∣quirable, 12. R. 2.8. Rastall, Victuall 8.

31 An Innkeeper may bake his Bread for Horses in his House in any throughfare Town, which is not a City where common Bakers dwell, and if he bake and do not

make it according to the prices of Corne, he is to be pu∣nished in a Leet, 32. H. 8.14. Rastall. Horsebread.

31. Also if any Innkeeper or other person, harbour any suspected persons, perceiving or knowing them to be of ill behaviour, it is inquirable.

33. Also if Millers take excessive Tole is inquirable, * 1.64 and they ought to take for Tole but the twentieth or twen∣ty fourth grain, according to the custome, and according to the strength of the Water.

Or if any Miller within the Lordship change the Corne which he hath to grind, it is inquirable.

34. Also it is inquirable, * 1.65 if all Artificers make good Ware as they ought, and if any of them make deceit in it to deceive the People, you ought to present their names.

35. Also if any Constable, * 1.66 Alecunner, Bayliff, or any other Officers within this Lordship, have duly and well done their Offices or not, is inquirable.

36. Also no Purveyor, * 1.67 shall make any purveyance for the Queenes House, of any thing of the value of forty shillings or under, unlesse he do it for ready payment to the party, upon paine of loosing his Office, and to pay the value to the party greived, and if he do the contrary, if the Constable or Tithingman upon complaint unto them do not make resistance to the Purveyor, they shall forfeit to the party greived the value of the thing taken, and double Dammages, and that is the Misdemeanour of the Con∣stable, and of these Misdemeanours and all other such Offi∣cers, is inquirable, 20. H. 6. chap. 8. Rastall, Purveyors 31. And also the Constable ought to see the Peace and watch to be observed as it ought, 11 H. 4. fol. 27. That Purveyor, Buyer, or taker for the King, after he is allowed and payd of the King, shall be Debtor to the party; but till payment, the King himself is Debtor.

See more after in the Office of the Constable, * 1.68 and what is inquirable touching his Office, fol.

37. If any Treasure be found, that is to say, Treasure hid in the ground, and no man knoweth who hid the Trea∣sure, that is to the King, unlesse it be to the Lord by spe∣cialty in writing, or by prescription

If any Estreys be, * 1.69 it is inquirable, and that is if any Hor∣ses, Sheep, Hogs, Beasts, or Swans, which have come into

this Lordship, and have been there by the space of a twelve moneth and a day, and not claimed, then the Lord may have the property of them by prescription, but they ought first to be impounded in an open pound, proclaimed in the Church, and two Market Townes next adjoyning, and if none claime them, then they shall be seis∣ed, and ought to be put in some severall ground, and not in any Covert or Wood, that the owner cannot finde them, for if they be in Covert, the property is not changed, though they be there a yeare and a day.

39. If any Weife be, it is inquirable, * 1.70 and that when the Theife upon the Hue and Cry is pursued, or otherwise for easing himself of the carriage, without Hue and Cry, he waifes the Goods by him Feloniously stollen, or any part of them and fly away, this is forfeit to the King, and the Lord may have it by prescription, Stamford, fol: 180.

40. If any fugitive be, that is, * 1.71 if it be found by Indict∣ment of Murder before the Coroner, that he fled, or if he be indicted of Felony, and acquit and found that he fled, then he shall forfeit his Goods to the King, and the Lord may have them by Charter, and not by prescription, and that is inquirable.

41. If any Horse or Mare be put upon the Common and be scabbed, or having an infectious disease, * 1.72 he shall forfeit to the Lord of the manner ten shillings. 32 H. 8.13. Rastall Horses &c. b. and this is inquirable.

42. If the Exigent be awarded against one indicted of Felony, by the award of that his Goods are forfeited, though he be afterward acquit of the Felony, and the King shall have his Goods, and the Lord by Charter, and not by prescription or without Charter, and this is inquira∣ble.

43. If any be outlawed in Debt, Trespass, * 1.73 or other per∣sonall Actions, his Goods are forfeit, and the King shall have them and not the Lord, unlesse that it be by Charter and not by prescription, and this is inquirable, 18 Ed. 2.

44. If a common Fine hath used to be paid here, * 1.74 that ought to be inquired, that it be paid according to the usage and that it be collected according to the usage, for it is collected commonly by the Head-Burrough, and it is com∣monly due to the Leet at Michaelmasse.

45. Note that every one that hath view of Frank pledge ought to have a Pillory and Tumbrell to execute Justice, and also in every Town or in the Leet a paire of stocks, and for lack of them the Town shall forfeit five pound, and that is inquirable.

Wreck of the Sea.

ANd for that, that by the Statute of 15. R. 2. chap. 3. Wreck of the Sea may be tried and determined by the Law of the Land, that for that, and for the profit of the King and the Lord, it is inquirable in the Leet.

The Kings Prerogative, chap. 11. the King shall have Wreck of the Sea throughout the whole Realme, and Stur∣geons taken in the Sea or other where within the Realme, except some priviledged places, be the Kings.

9. H. 7. fol. 20. A man may have a Wreck of the Sea by prescription.

10. H. 7. fol. 6. By Wood. If I have Wreck by prescrip∣tion, and a Stranger seise it, and not my Bailiffe, I shall have an Account against him.

Westminster 1. chap. 5. is, that Goods in a Ship where a Dog or a Cat scapes alive, are no Wreck, but are delive∣red to the Town or Lord, and if any come within a yeare and a day, and claime them, and prove them to be his Goods, they are without delay delivered unto him, and if none come within the yeare and a day, they are the Kings. And if the Wreck belong to another then the King, it is done in the same manner. And who shall do o∣therwise, and of that is attaint, he shall be committed to prison, and Fined at the Will of the King, and shall pay dammages likewise.

If the Goods in this case are fresh Victuals, as flesh meate, fresh Fish, Apples, or Oranges, or such things which will not endure for a year, and the Sheriff seeing them, sel∣leth them, and delivereth the Money taken for them to the Town to answer for it, it is good, and yet it is contra∣ry to the words of the Statute, but it standeth with reason.

45. H. 6.32. If the Kings Goods be Wreckt, and not claimed within a yeare and a day, yet the King shall have them, otherwise it is a common person.

Then there are diverse other matters which follow, of which you may inquire by expresse words in the Statutes, as of the Statute of Apparrell, and other Statutes en∣suing.

In the yeare, 24. H. 8. Chap. 13. Rastal, Apparrell the fifth.

• If one hath not in Land a hundred pound, he can∣not use Velvet, in Jackets.
• If one hath not in Land a hundred pound, he can∣not use Velvet, in Dublets.
• If one hath not in Land a hundred pound, he can∣not use Velvet, in Purses.

• Damaske Silke Chamlet Taffaty in Gownes.
• Damaske Silke Chamlet Taffaty in Coats.
• Damaske Silke Chamlet Taffaty in Outtermost Gar∣ments.

• Forty pound cannot use Chamlet, nor Silke, in Gownes.
• Forty pound cannot use Chamlet, nor Silke, in Outtermost Gar∣ments.

• No Velvet, in Jackets.
• No Velvet, in Jerkins.
• No Velvet, in Caps.

Nor any Silke, but

• Satten in Dublets.
• Damaske. in Dublets.
• Taffatie in Dublets.
• Sarsnet in Dublets.

• Sarsnet in Facing their Gownes.
• Chamlet in Facing their Gownes.
• Taffaty in Facing their Gownes.

• Twenty pound, no Silke in Gownes.
• Twenty pound, no Silke in Cloaks.
• Twenty pound, no Silke in Hose, &c.

• No Satten Damaske Taffaty Sarsnet in Dublets.
• No Satten Damaske Taffaty Sarsnet in Coyfes.

But they may weare Chamlet in Jackets.

• Five pound cannot use any Silke in Dublets.
• Five pound cannot use any Silke in Jackets.
• Five pound cannot use any Silke in Gownes.
• Five pound cannot use any Silke in Cloakes.

• But Chamlet in Dublets.
• But Chamlet in Jackets.

Furres.

NOne under the degree of an Earle, may use Sa∣bles.

• Forty pound cannot use Foynes.
• Forty pound cannot use Jennets gray.
• Forty pound cannot use Martins.
• Forty pound cannot use Squirrell.
• Forty pound cannot use Fox.
• Forty pound cannot use Grey.

• Cony, Hare, Or other Furr growing within this Realme.
• Cony, Hare, Or other Furr growing within this Wales.
• Cony, Hare, Or other Furr growing within this Ireland.

• Twenty pound Black Cony.
• Twenty pound Budge.

• Under twenty pound Gray Cony.
• Under twenty pound Black Lambe.
• Under twenty pound White lambe.

Chaines of Gold.

NOne under the degree of a Knight may use any Col∣ler of S S.

None may use a Chaine of lesse weight then ten Ounces of Gold.

Forty pound may use Aglets, Buttons, Brooches.

Those persons which are excepted in these Statutes

• Queens Counsell.
• Barons of the Exchequer
• Serjeants at Law.
• Apprentices at Law.
• Phisitions of the King.
• Maiors.
• Recorders.
• Master or Wardens, which are, or have used this roome.

These may use as before the making of the Statute they have used.

Forfeiture.

THE thing used against the Statute, is three shillings foure pence a day: The Statute is in his Garment, (In) is taken here, for (In) or (Upon) his Garment.

Yeare the first and second of Philip and Mary, no per∣son borne within the Dominions of the King, other then the Son and Heire of a Knight, or above that degree, or which might expend twenty pound yearely, or was worth two hundred pound in Goods.

Should use Silke in

• Hatt.
• Bonet.
• Night-Cap.
• Girdle.
• Scabbard.
• Hose.
• Shooes.
• Spur-Leathers.

The forfeiture is for every day, ten pound.

If any man keep Servants which offend in these premi∣ses, and doe not put him out of his service, within four∣teen dayes after that he hath notice of it, or if he put him out of his service, and afterward retaine him againe, within a yeare, he shall forfeit a hundred pound.

Artificers.

IF any Butcher, Brachetour, Baker, Poulter, Cooke, * 1.75 Tip∣ler, &c. conspire, covenant, promise or make any oath not to sell Victuall but at certaine prices.

Or if a Workeman or Laborer, conspire not to worke but at certaine prices, or not to finish that which another hath begun, or that they will not do but certain labour in a day, or not labour but certain time of the day, it is inqiura∣ble.

The forfeiture for the first offence ten pound, and twen∣ty dayes Imprisonment, with Bread and Water, the second offence double.

Archers.

IN the yeare 33. H. 8. chap. 9. Every man being the Kings Subject under the age of forty years, not lame nor

having any Impediment, ought to shoote in a long Bow, and shall have a Bow and Arrowes as it followeth, that is to say.

Every Man Childe in a house of the age of seven yeares to seventeen yeares shall have a Bow and two Ar∣rowes, and at seventeen yeares to forty, a Bow and foure Arrowes, none under the age of twenty foure ought to shoote at Prickes nor at twelve score or above with Shaft or Flight.

The forfeiture is six shillings eight pence for every three Months wanting these Bowes and Arrowes.

The Master or Father ought to provide for these of se∣ven to seventeen, otherwise be shall pay the forfeiture, and every Servant taking wages of seventeen or upwards, shall pay the forfeiture.

The forfeiture for such shooting at Pricks is four pence the shoot, and at eleven score and under, as above, six shillings eight pence the shoot, by the same Statute.

Butts shall be made in every Town upon payne of for∣feiture for every three Months for default of them twenty-shillings.

Crosse-bowes and Hand-guns.

NOne may shoot in any Handgun, * 1.76 Demihake Hagbot, ot Crossebow, or keep it in his house to that intent nor otherwise, unlesse he may dispend a hundred pound upon paine to loose for every time ten pound.

Every person that will shoot, or carry, use, or have in his House, or other place, any Hand-gun, other then such a one which shall be in the Stock and Gun of the length of a yard, or any Hagbut, or Demy-hake, other then such as shall be in the Stock and Gun, of the length of three quarters of a yard, shall forfeit ten pound.

And every person having Lands, Fees, Annuities, or Offices, of the yearely value of a hundred pound, may seise and take their Gunns aforesaid; and also every Crosse-bow of any person, not having Lands, Fees, or Offices, to the value of a hundred pound a yeare.

None unlesse he have a hundred pounds by the yeare, may carry in the high waies, in his Journey, any Crosse∣bow

bent, or Gun charged, unlesse it be in time of Service of War upon paine of ten pound.

Every one which shooteth in a Handgun, Demihake, or Hagbut in a City or market Town, or within one quarter of a mile of them, shall forfeit ten pound for every shoot.

If a Master command his Servant to shoot in a Hand∣gun, Demihake, Hagbut, or Crosse-bow, at a Deere, Foule, or other thing, unlesse it be at a Banke, or Butt of earth, or in time of War, shall forfeit ten pound.

But there is a Proviso, that Gentlemen, Yeomen, and Servingmen of every Lord spirituall and temporall, and of Knights, Esquires, and Gentlemen, and the Inhabitants aforesaid, of Cities, Burroughs, or Market Townes, to shoot at any Butt or banke of earth, so that the Guns be of the length aforesaid.

And the Lords, Knights, Esquires, Gentlemen, and the Inhabitants aforesaid, may also keep them to shoot at Butt or Banke, and so may every person (two miles distant from any Towne) keep them for defence of their Hou∣ses.

Also it is lawfull for every one, charged by 4. and 5. P. and M. to finde Hagbut, to have that in his House.

Cordiners. 5. Eliz. chap. 8.

NOne ought to cut or gash any Hydes of Bull, Ox, Heyfer, or Cow, and if any Tanner offer any so gashed to sell, he shall forfeit for every one twenty pence.

None shall kill any Veale to sell being under the age of five weeks, upon paine for every one six shillings eight pence.

None may, together at one time, be a Butcher and a Tanner, upon paine of six shillings eight pence.

No Tanner shall be a Shoomaker, Currier, or Butcher at one time, upon pain to loose the leather wrought, or the value.

Nor Tanner tan any hide of a Bull, Horse hide, Sheep∣skin, upon paine of forfeiting the same.

No person may cut any Oake apt to be barked, where the barke is of the value of two shilling the loade, but be∣tween

the first day of Aprill and the last of June, unlesse it be for building or repairing of a House, upon paine of the losse thereof and the double value.

None may buy any rough hides in the haire, but the Tan∣ner, but salt hides for Ships.

No Currier ought to curry any leather in the House of any Shoomaker.

And none ought to curry leather ill tanned.

Crow-nets. 24 H. 8. chap. 10.

IT is inquirable if there be no Crow-nets, the Lord shall have the halfe of ten shillings, which shall be forfeited by the Parish or the Town, for default of having them, for this Statute is revived by 8. Eliz. chap. 15.

And the Statute of 14. H. 8. is, if Inhabitants of any Pa∣rish, where there are ten Housholders dwelling at the least, and do not provide Nets to take Crowes, Choughs, and Rookes, and keep and ••enew the same netts when oc∣casion shal be, and lay that with a shrape of chaff to take the Crowes, &c. they shall forfeit ten shillings to the Queen and Lord of the Leete.

Or if Crow-nests are not thrown down in the begin∣ing when they begin to breed, they shall be amerced.

Frie of Fish, 10 Eliz. chap. 17.

NOne ought to take and destroy any young broode or Fry of Fish in any waters or Rivers, salt or fresh, nor kill any Trouts or Salmons out of season, and the forfei∣ture of every branch of this Statute is twenty shillings.

None may kill or take any Pike or Pickrell not being in length ten inches Fish or more, nor any Salmon unless in length sixteen inches Fish or more, nor any Trout not in length eight inches or more, nor any Barble not in length twelve inches or more.

None ought to take any Fish with any manner of net, nor with any other engine or devise (angling excepted) but onely with a Net or Tramaile, whereof every meash shall be two inches and a half in breadth.

Also where Smelts, Loches, Mynds, Bullheads, Gud∣geons, and Eeles, have been used to be taken, it shall be there lawfull to use such a net, as they have used before for that purpose.

Note that the Steward of the Leet ought to charge the Jury of offences made against this Act, otherwise he shall forfeit forty shillings, and if the Jury conceale any thing, then he may impannell another Jury, to inquire of their concealement, and if that be found, they shall forfeit twenty shillings to the Lord of the Mannor.

If any by day or night, breake or destroy the head or dam of any Pond, Poole, Mote, Stanke, Stewe, or severall Pit in which is the Lords Fish, to the intent to steale the Fish, he shall pay to the Lord treble damages, and shall be imprisoned three Moneths, and after to find surety for se∣ven yeares for his good behaviour.

Note, this Statute is generall, * 1.77 every one to have reme∣dy.

The same Law is for Deere chased out of the Lords Lands enclosed, or killing any Deere of the Lords. And taking of any Haukes in his Land, or eggs of them, he shall have the same punishment by the same Sta∣tute.

13. Eliz. chap. 10. provideth, and is inquirable, If any kill or destroy any Phesant or Partridge, with any Ner, Snares, Ginns, or devises in the night, That he shall for∣feit for every Phesant twenty shillings, and for every Par∣tridge ten shillings, one halfe to the Lord of the Mannor where it is, and the other to the Informer: And that none Hauke or Hunt with Spaniells in any Land where is Corne or other Graine then growing, (unless it be in his own Land) at such time as any eared or codded Corne shall be then growing upon the same Land, before the same be shocked, hiled, or cocked upon paine of forty shillings to the party.

Also it isinquirable, if a Fisher for his part do his duty in bringing Fish to the Market which is good and whole∣some for men, not corrupt, and that he sell the same at rea∣sonable prizes and without taking excessive gaines, scilicet, for every twelve pence bestowed shal have but cleere gain one penny, and if it be stinking, that it be burnt openly forthwith.

Games unlawfull, 33 H. 8. chap. 9.

NOne for his lucre or gain ought to keep any House, Alley, or place of Bowling, Dicing, Tabling, Card∣ing, Tennis, or other unlawfull Gaming, upon pain every day forty shillings.

And every person using the same to loose for every time six shillings eight pence.

And if the Constables and Bailists do not make search every Moneth, they shall be amerced forty shillings the Moneth.

No Artificer, Husbandman, Handycrafts man, Appren∣tice, Journyman, or Servant of an Artificer, Marriners, Fishermen, Watermen, or any Servingman, ought to play at any unlawfull Games aforesaid, but at Christmas time upon paine to loose twenty shillings for every time, and in the Christmas to play in their Masters Houses, * 1.78 or in their presence.

No person ought to bowle in any place out of his Garden or Orchard, paine six shillings eight pence.

But it is lawfull for Noble men, and every one that may dispend a hundred pound per an. in Lands, or profits for life to licence their Servants and others coming to their Hou∣ses, to play at Bowles, Cards, Dice, and other unlawfull Games, and ought not to undergo the penalty of this Sta∣tute.

Horses, 32. H. 8. Chap. 13.

NO Stone-Horse being of the age of two yeares, un∣less he be foureteen handfull high, shall be put to pa∣sture in any common, forrest or chase, upon paine of for∣feiting the same Horse.

The said Lands ought to be yearly driven at Michael∣mass, by the Lord, Tithingman, Constables, &c. or with∣in fifteen dayes after, upon the paine of forty shillings, and if upon the saide driving, there be found, any Filly or Fole or Gelding not able to beare Foles, or not able to worke, the same shall be kild and buried.

None ought to put upon a Common any Horse, Mare, or Gelding, infected with Scab or Mange, upon paine of forfeiting ten shillings.

Note, that the presentment against this Statute, ought to be certified by the Steward at the next Sessions of the Peace, upon paine that he shall forfeit forty shil∣lings.

Hue and cry. 18. Ed. 2.

ALL commonly are taken and called at the Summons of the Sheriffs, and at the cry of the Country, to pur∣sue and arrest the Felons, when occasion shall be, as well within Liberties as without, 3. Edw. 3. chap. 9.

And if the Robbers escape, the hundred with the Li∣berties thereof, shall make recompence to the party rob∣bed within halfe a yeare after the Robbery committed, Winton 13. Edw. 1. chap. 2. And if it be upon the bor∣ders of the Hundred, then both Hundreds shall make re∣compence.

Westminster 1. chap. 9. To take Felons, the Statute will that all commonly be ready at the commandement and at the Summons of the Sheriff, and at the cry of the Country, to pursue, to arrest Felons, when occasion shall be, as well within Liberties as without, and shall give a Fine to the King for not doing. See the Statute of Winton in the time of Edw. 1.

The Office of the Crown, title Coroners 2. Have power to inquire if Hue and Cry be made, and if all fol∣low the Hue and Cry, and he that doth not, and upon this is convicted, he shall be attached to appeare before the Justices of the Goale delivery.

21. Edw. 1. If a Forrester, Park-keeper, or Warrener, shall finde Malefactors wandring to make some dammage there, after the Hue and Cry raised to the Peace of the King, they that will not stand and yeeld themselves, but to execute their malice and to continue it, and to the di∣sturbance of the Kings Peace do fly away, and by force and armes defend themselves; If they shall kill these Ma∣lefactors, they shall not for this occasion be called before the King and the Justices.

High Waies, 2. & 3. P. & M. chap. 8.

FOr amending of High Waies to Markets, shall be cho∣sen Tuesdayes or Wednesdayes in the weeke of Easter, two Surveyors, and if any chosen refuse, the paine is twenty shillings, and by that Statute every Laborer ought foure dayes to worke, and their dayes shall be appointed the next Sunday following in the Church, and to be made before Midsummer.

He which hath a Carve of Land or pasture, or a Cart, shall be there foure daies with it and two men, upon paine of ten shillings a day.

And every House-keeper, Cottiger, and Laborer, not being hired Servants by the yeare, shall be there foure daies upon the paine of twelve pence a day, and ought to labour eight houres in the day.

Provided that every one before charged, * 1.79 labour 6. daies, and that giveth Liberty to take Rubbish, small stones of quarries, sand, gravell, or Synders, and to gather stones upon other mens Lands, and provideth liberty to turne the course of Waters out of the Highwaies, and that Ditches of every part of the Highwaies be scowred by them adjoyning, * 1.80 and that Trees, Hedges, and Bushes, be cut by the owners, which grow adjoyning to the High∣waies, * 1.81 according to the Statute of 5. Eliz. by which the waies ought to be opened, and the People to have ready passage.

Every one chargeable as a Cottiger by former Law, and assesse in goods at five pound or forty shillings in Lands (if he dwell not in London) shall finde two men every one of the six daies.

And if one dwell in one parish and hath part of a Carve of Land there, and part in another parish, he shall finde a Cart where he dwelleth.

And if one have two plough Lands in two severall pari∣shes, he shall finde in every one a Cart.

Paine ten shillings for not scowring of Ditches and cut∣ting Bushes according to the Statute, fifth yeare of Eliza∣beth.

Paine twelve pence the Rod for not ditching and scow∣ring

Ditches, paine for casting out that which is scowred in Ditches into the High way, for every loade twelve pence.

The halfe of all forfeitures by these Statutes shall be to the Church-wardens to bestow upon waies. * 1.82

Hats and Caps, 13. Eliz. chap. 16.

EVery person within the age of six yeares, ought to use upon the Sabboth and Holy daies, if it be not in the time of their Travell out of the Town, upon their Head a Cap of Wooll made and dressed in England.

Except

• Maydens.
• Dames.
• Madams and Gentlewomen.
• Noble Personages.
• Every Lord and Knight.

Gentlemen of twenty Marks, and their heires, such which are in any Office of worship in City or County. Are excep∣ted also.

Wardens of worshipfull Companies in London. Are excep∣ted also.

The Forfeiture is three shillings foure pence the day, one halfe to the Lord of the Leet, the other to the Poore.

Also the Parents, Gardians, Governours, and Masters ought to pay the Forfeiture for their Children, Ser∣vants, and Wards, 21. yeares till they be out of their charge.

Hempe.

IF any water any Hempe or Flax in any River, * 1.83 running∣water, streame, or any other common Pond or water, where Beasts are used to be watred, but only upon the Land where pits appointed for the same, or otherwise in the severall Ponds, they shall forfeit twenty shillings, and remedy given to sue for the same in a Leet by Action of Debt, bill, plaint, information, or otherwise.

Musters, 4. and 5. P. and M. chap. 3.

HE that refuseth to come to Musters before any person authorised to take it, shall be imprisoned for ten daies, if he do not pay to the Queen forty shillings: And if any person appointed to take Musters, receive any Money to release any appointed to serve, he shall forfeit ten times as much as he receives.

Mortmayne, 7. E. 1. West. 2. c. 32.

NO man entred into Religion, or other whatsoever, to buy or sell Lands or Tenements, or under colour of gift, or Tearm, or by reason of any others title whatsoever, to receive Lands or Tenements of any body, or by any o∣ther Art or Wit, to presume to appropriate it unto him∣selfe, upon the forfeiture thereof, by which the Lands and Tenements aforesaid should come to Mortmain by any meanes. If any shall do contrary to this Statute, it is law∣full to the cheife Lord of the Fee, within a yeare, from the time of the alienation thereof, to enter and to hold in fee and Inheritance, and if the cheife Lord be negligent, then the next cheife Lord may enter within halfe a yeare after, and so every Lord shall have halfe a yeare till it come to the King.

Riots, 1. M. 1. chap. 12.

IF any persons to the number of twelve assemble unlaw∣fully, to alter and change Lawes, to breake Enclosures, Bankes, Conduits, Stankes, Fishponds, Houses, Barnes, or to burne Stackes of Corne, or such like Riots, and Pro∣clamation be made by the Sheriffe or Justice of Peace, and notwithstanding they remaine together by the space of an houre, after the Proclamation made, every such at∣tempt is Felony, every Coppy-Holder being a Yeoman, Husbandman, or Labourer, being of the age of eighteen years, or under forty, not sick, nor having reasonable excuse,

and being required by the Justice, Sheriff, or his Immedi∣diate Lord, to serve, to apprehend the persons aforesaid, and refuse, he shall forfeit his Estate during his Life, and his Lord may enter.

The Farmor being a Yeoman, and refusing, is in the same case to his Landlord.

Also it is Felony if a Man, Woman or Servant, or other person without compulsion, bring, send, or deliver, any Mo∣ney harness, Artillery, Weapons, or Victualls, to any per∣sons assembled in such manner, and not depart to their Houses upon Command, or Proclamation made, as is afore∣said, and if any number besides the number of those which are assembled, and upon Proclamation made, do not de∣part, Justice of Peace, or cheife Officers of the City or Burrough corporate, may raise power to suppresse them.

And if any Officer kill any of those rebellious persons, or maim them, they shall be free.

Also if any person knowing such pretended rebellion, and do not reveale the same within twenty houres after such knowledge had of it, he shall be imprisoned by the space of three Moneths without Baile or Mainprise, un∣less he be otherwise discharged by the Justice of the Peace.

Also if any refuse, being able to suppress such Offen∣dors, he shall suffer Imprisonment for a year without Baile or Mainprise.

Also if any hinder or let, that Proclamation cannot be made, this is Felony.

Note that this Statute ought to be read or openly de∣clared in every Leet.

10. H. 7. fol. 12. If one come and enter into Land, with more then is accustomed to have attending upon him, that shall be said with force.

21. H. 7. fol. 39. One may make an assembly of People in his House to aid him, for that it is his Castle, but not to go to Market, although he be threatned.

17. Edw. 4. fol. 4. Where there is an assembly in manner of War, and no Act done, it is no assault by Pigot, if they draw no Weapon, &c. Quere.

Riot is not, unless three at least, which do an unlawfull act.

An unlawfull assembly, is, if the People assemble them∣selves together, for an ill purpose, though they do no∣thing.

Rout is, where there assemble a number, and after march or ride, or go apart, or move to ill in their own quarrells, though there be no act done, title five in Mar∣rows reading, as to throw down inclosures in their quar∣rell, this is a Rout.

14. H. 7. fol. 28. If a Disseisor have a possession by three yeares, and holdeth with force, Action upon the Statute of 8. H. 6. doth not lie against him, but he may be indicted upon that Statute, for this is for the King.

7. Ed. 4. fol. 18. Indictment of forcible entry upon the Statute of the eighth yeare of H. 6. was removed into the Kings Bench; and the Justices there might well award Restitution, as the Justices of Peace might have before them, 4. H. 7.19. 32. H. 6. fol. 2. Saith in forcible entry, where the Defendant pleads Title, that they ought to tra∣verse, (without that) he entred with force; see, 1. H. 7. fol. 19.

7. H. 6. fol. 14. Presentment of the forcible entry, the Defendant pleads to the (force and armes) not guily, and it is not good, but he ought to plead over to the Desseisin but in Trespass not guilty is good.

15. H. 7. fol. 17. Where the Plaintiff maketh title and traverseth the Bar, and the title is found for the Plaintiff, they shall not inquire of the force, for it is implied, and so if the Bar be not found.

1. H. 7. f. 19. If the Title be found, they need not, nor ought not to inquire of the force, and for that that the Plain∣tiff alledgeth that J. S. the Defendant entred with ten per∣sons, and doth not name their names, it is uncertaine and not good.

2. H. 7. fol. 16. It is said, that if one disseiseth another to the use of two, that they two are Disseisors by their a∣greement afterwards, not with force, and if it be found a∣gainst the Disseisor, he shall be attaint of force.

6. H. 7. fol. 12. Forcible entry upon points of the Statute, the Defendant pleads not guilty, and found by Verdict, that he entred peaceably and not with force, and for the Statute is in disjunctive the plaintiff shall recover, 3. Ed. 4. fol. 20.10. Ed. 4. fol. 13.

10 H. 7. fol. 14. It seemeth a Tenant for yeares shall not have an Action upon the Statute, of 8. H. 6. For it is in the realty, and one cannot be Impannelled, for that he can∣not expend forty shillings by the year, 3. Ed. 4. fol. the last, 8. Ed. 4. fol. 9.

11. H. 7. fol. 15. Feoffment with warranty, and rely upon warranty, it is good upon the Statute of 8. H. 6. for it is in the realty, but not upon the Statute, 1. H. 7. fol. 12.9. H. 6. fol. 19.

Queen, and assurance of her Power.

IN the yeare 5. Eliz. chap. 1. If any extoll or set forth the authority of the Bishop of Rome, against the form of this Statute, he runs into a Premunire. And this Statute is to be read and declared in the Leer.

Tracing of Hares, 18. H. 8. chap. 11.

NOne may Trace, destroy, or kill Laveret in the snow, with Dog, Bitch, or otherwise, and who doth so, shall forfeit six shillings eight pence.

Wines, 7. Edw. 6. chap. 5.

NO person may utter by retaile by small measure, any Gascoigne Wines, or French Wine, but after the Rate of eight pence the gallon at the most, nor any Rochell Wine but after the Rate of four pence the gallon, nor any other Wine at a higher price then twelve pence the gallon at the most, upon the paine of five pound every offence.

None shall have a vessell of Wine in his House above ten gallons, to spend there, unless he be worth a thousand Markes in Goods, or a hundred Markes in Lands, or be the Son and Heire of a Duke, Marquess, Earle, or Lord, upon the paine of ten pound.

Note, that Vintners of London have a toleration for them and others authorised by them, by Letters Patents from the King for diverse yeares to come to dispence

with them, that they shall not sell according to the price comprised in the Statute.

Now if all the defaults and paines which were pre∣sented at the last Leet, are amended or not as they ought, and present them, and of them and of all other matters and defaults, common annoyance to the Common-wealth, you shall inquire of and present.

Then after this charge is given, the Steward shall com∣mand the Cryer to make Proclamation, and after Pro∣clamation made, three times, then the Steward shall say.

If any can informe the Steward, or the Jury, of any petty Treason, Felony, petty Larcinie, Annoiances, or Blood-shed, Pound broken, or of Rescous, or of any other thing made against the Peace, or of any person of com∣mon ill behaviour within the Leet, or any workmen u∣sing common deceit, or of any common Misdemeanour of any Officer, or other person there, or of any Weife, E∣strey, Treasure found, or of any other thing here inqui∣rable, come you in and you shall be heard.

Then if any come in, let him be sworn to give evidence to the Jury.

And after that, the Steward shall say to the Jury, go to∣gether, and inquire ye of the matter of your Charge, and when you are agreed, I shall be ready to take your Verdict.

The end of the Charge.

A breviate of the Charge.

HEre followeth a breviate of the Charge, which will suffice for the Steward, which is perfect in the Charge, for his remembrance is sufficient.

And first, what Articles are inquirable by the Statute, 18. Ed. 2. fol. 82. Which follow.

Fairfax, 22. Ed. 4. fol. 82. Which follow, saith, There is no Statute, but rehersall of Lawes inquirable in Leet.

• Petty Treason,
  • As clipping of Money.
  • And falsifying Money.
• Felonies,
  • As common Theeves.
  • Receivers of Felons.
  • Of small Theeves, as of Sheep, Hens, and Corne stolne.
• Escape,
  • Of Theeves, and men imprison∣ed, and let goe without war∣ranty.
• Rape,
  • Of ravishing a Woman which is not presented before the Coroner.
• Sutors, that is to say,
  • Resiants which owe sute royall.
  • And capital pledges and Deciner,
  • Of these of twelve years and not sworne.

Customes and Services forborne.

Annoyances made in Lands, Woods, and Waters, of Walls, Houses, Ditches, Hedges, made or pulled downe to the annoyance of the people.

Of Wayes and Paths taken away or stopped; of Waters wrong turned, or stopt, or taken away; of corrupters of Water by Lyme, Flax, &c.

• III persons for the Common wealth.
  • Of them that go of errands for Theeves.
  • Of common breakers of Hedges.
  • Of maintainers and keepers of Bawdry.
  • Of those which sleepe in the day, and walke in the night, and have nothing to live on.
  • Of those which daily haunt Taverns, and have nothing to live on.
  • Of those which catch Pigeons in the Winter with Nets or Ingins.
• Trespasse.
  • Of blood spilt.
  • Of Play made.
  • Of common Barretors and Scolds.
  • Of breaking the common Pound.
  • Of outcries against Lawes.
• ...

• Misdemea∣nour of Offi∣cers.
  • Of rescuing from the Officer of the King.
  • Of Constable which keepeth not the peace. Bayliffe, Purveyor.
• Constable,
  • Apprehend Felons.
  • See the Watch kept.
  • That he arrest men armed.
• For good Government, let there be
  • Stocks.
  • Pillory.
  • Cuckingstoole.
• Suspect Persons,
  • Vagabonds, and
  • Rogues.
• Assise of bread and Beere,
  • Inholders.
• Of false measures, * 1.84 of Butchers.
• False Ballance and weights, of Victualers.
• Double measures and weights, of Millers.
• Treasure found of Outlawes.
• Of Hue and Cry raised, and not pursued.
• Of flyers to Sanctuaries and Churches. * 1.85
• Goods of Felons.
• Estreys and Weifes, Scilicet, If they flye.
• Exigents upon Indictments.
• Felony.
• Common Fine.

These Articles ensuing, are inquirable by expresse words of the Statutes here ensuing; that is to say, Ap∣prentice which hath not Land to the value of twenty Shillings, 7 H. 4. chap. 17.

Apparrell, by 24 H. 8. chap. 13. and by 1. & 2. Phil. & Mary, chap. 2.

Artificers, by 2 Edw. 6. chap. 15. and by 24 H. 8. c. 12.

Archers, by 33 H. 8. chap. 9.

Butts, by 33 H. 8. chap. 9.

Crosse-bowes and Hand-guns, by 33 H. 8. chap. 6.

Shoomakers and Tanners, by 5 Eliz. chap. 8.

Crow-Nets, by 24 H. 8. chap. 9.

Frie of Fish, by 1. Eliz. chap. 17. and by 5. Eliz. chap. 21.

Games unlawfull, by 33 H. 8. chap. 10.

Horses, by 32 H. 8. chap. 13.

Hue and Cry, by 18 Edw. 2.

High wayes, by 2. & 3. Phil. & Mary, and by 5. and 18 Eliz.

Hats and Caps, by the 13 Eliz. chap. 19.

Hemp and Flax, by 33 H. 8. chap. 17.

Musters, by 4. and 5. P. and M. chap 3.

Mortmaine, by 7. Ed. 1. Rastal 3.

Riots, by 1. Mary chap. 12.

Takers of the King, by 20. H. 6. chap. 8.

Tracing Hares, by 14. H. 8. chap. 10.

Wines, by 7. Ed. 6. chap. 5.

Waifes and Straies, Goods of Felons.

Decayed House of Husbandry, for the benefit of the King and Lord of the Mannor 4. H. 7. chap. 19.50. Eliz. c. 2.

Then let us see what things are argued and allowed in our Bookes to be inquirable in Leet, and what not.

FIrst, Things at the common Law are inquirable, and not defended by Statute, unless that the Statute maketh mention by expresse words, what are inquirable, 1. R. 3. fol. 1.3. H. 7. fol. 1.6. H. 7. fol. 4. and 11. H. 7. fol. 22. the same.

Petty Treason is inquirable, but as Felony at the com∣mon Law, 6. H. 7. fol. 4. It is said, that Treason, * 1.86 as forging of Money is inquirable, 9. H. 6. fol. 44. Clipping of Gold and Silver are inquirable, 22. Ed. 4. fol. 22.

Petty Treason and ancient Felonies, that is to say, Felo∣nies, at the Common Law but not the death of a man. * 1.87

And Rape as Felony, is not inquirable but as Trespass, 7. H. 6. fol. 13.6. H. 7. fol. 4.

Presentment in Leet of Felonies, * 1.88 at the common Law is good, but presentment there of Felonies by the Statute is not good, 22. Ed. 4. fol. 22. * 1.89

You cannot inquire there of the Death of a man, 41. booke of Assises 30, and the Lord which inquires of that shall be fined forty shillings. * 1.90

You may inquire there of all Felonies at the Common Law, but not of the death of a man, 22. Ed. 4. fol. 22.

You may inquire there of all Felonies at the Common Law, and not of Felonies by Statute, unlesse it be by ex∣press words given, 6. H. 7. fol. 4.11. H. 7. fol. 22.

The Steward may certifie presentment of Felony taken in Leet before him, at the next Sessions, 27. H. 7. fol. 2.8. H. 4. fol. 18.

Of Felonies and Fraies, * 1.91 are inquirable, 10 H. 6. fol. 7.

Adjudge, that assault upon a person only is not inqui∣rable there, but of Bloodshed it is, 8. Ed. 4. fol. 5. and 4. H. 6. fol. 9. Common Nusance to a number of men is in∣quirable, but not an assault made to one, but Frayes.

If a Stranger make a Fray within the Leet, and be not taken, the Deciners shall be amerced and it is inquirable there, 50. Ed. 3. fol. 5.

Bloodsheds are inquirable, 1. R. 3. fol. 1.22 Ed. 4. fol. 22. the same.

Presentment that one hath received one by the yeare into his service, * 1.92 not sworn to the Queen, is good, and he shall be amerced 41 Ed. 3. fol. 26.

Purprestures are inquirable, * 1.93 but the Steward hath no power to inquire of Liveries, nor of things defended by Statutes, 1 R. 3. fol. 1.3 H. 7. fol. 1.

You cannot there inquire of the Statute of Laborers, 6. H. 7. fol. 4.

Stopping the Highway is there inquirable, * 1.94 27. H. 8. fol. 32. For that it is a common annoyance to all the Sub∣jects of the Queen.

All common Annoyances and Purprestures made within the Leet are there inquirable, * 1.95 8. H. 7. fol. 4.

Purprestures in high waies are inquirable there, * 1.96 and one was presented and amerced in a Leet for not clen∣sing his ditch adjoyning to the high way, 47. Ed. 3. fol. 12.

Inquiries are there of Bridges and Causies, * 1.97 and of com∣mon waies spoiled, of Gorss put into waters, of Commons, of waters stopped, or forced or turned, of Walls or Ditches made to the hindrance of Passengers in the common waies, by Britton. fol. 31.

Common nusance, * 1.98 as Ditches and Hedges, made to the disturbance of the common People, shall be there inquired, 9. H. 6. fol. 44.10 H. 6. fol. 7.

Turne and Leet are all as one, * 1.99 and they may inquire of common Annoyances, as of Bloodshed, and of night-walkers,

but not of a Close broken, for that is particuler, but they may inquire of a Ditch not scowred, or of a Bridge bro∣ken, 22. Ed. 4. fol. 22.

Presentment in Leet that J.S. hath enclosed such Land, * 1.100 which ought to lye in common for the Inhabitants of the Town, is a void Presentment, for it is wrong, but no com∣mon Annoyance, 27. Assise 9. and 27. Ed. 3. Fitzh. nusance 6. Br: 30.

Leet hath power to amerce a man for an annoyance, and also to award that the Offenders shall be destreined to a∣mend that.

Of Bread and Beere shall be there inquirable, * 1.101 and not in the turne of the Sheriff, but seek, 18 H. 6. fol. 13.

False Weights and Measures are there inquirable by Britton, fol. 32.71.

Of a Tenement aliened in Mortmain, are inquirable there, by Britton, fol. 32.

Presentment in Leet that he is a Tanner, * 1.102 and Shooma∣ker, is not good, 3. H. 7. f. 1. For it is no offence at the com∣mon Law, but given by a Statute, but see 50 Eliz. ch. 8.

Of forestallers and taking of Victualls to the use of the King more then need by Britton, fol. 33. are inquirable. * 1.103

It is allowed that night-walkers are there inquirable, 4. H. 7. fol. 1.

Weife cannot be presented in the hundred, but in the Leet, 44. Ed. 3. fol. 19.

It may inquire of corrupt Victuall, 27. H. 8. fol. 2. Ti∣tle Leet, 16.9. H. 6. fol. 53.

Waters.

DOctor and Student, fol. 177. The King is bound by old custome of the Realme, as Lord of the narrow Seas, to scowre the Sea from Sea Pirats, Britton 84.

The Sea is common, and also right to fish in the Sea.

8. Ed. 4. fol. 10. It is saide there, that every one may fish in the Sea by common right; and by Choke, if the Wa∣ter ebb and flow upon my Land, every one may fish there

Fitzh. 113. a. The King may see that Rivers and

Sewers of the Sea be defended, and for that may award a Commission by common Law, and so may of Bridges and Waies.

Fitzh. 93. g. Action upon the case lieth against a Neighbour, which hath Lands between him and the Sea, which doth not make his Bankes, or scowre his Ditches, by which his Land is drowned.

19. Book Assise. It was found by Commission that the River of Lee which runneth from Ware to Waltham and so to London, is the high Stream of the King. Quere.

22. Ed. 3. fol. 22. If Water run betwixt two, and by little doth diminish the Soile of the one, and doth increase the other, if there be not bounds fixt, if this increasing had been so little that one could not perceive it, but if it be by hastie increase, there the other by this shall not loose his Soile unless the River be an arme of the Sea.

And note that every Water which flowes and ebbs is an arme of the Sea, so long as it floweth and ebbeth, 22. Ass. 93.

4. Ed. 4. fol. 29. Trespass of fishing in his severall fishing, the Defendant prescribes to have common of fishing there, and may prescribe to have that appendent to Land as well as common appendent.

4. Ed. 3. Title Trespass, 222. Trespass in his free fishing, this is intended to be in anothers Soil.

34. Of the booke of Assise 11▪ Assise of common fishing in Tyse, from such a place to such a place, and makes Title in his plaint, for that it was profit to take in another Soile, and sheweth that one had fishing, belonging appurtenent to his Mannor, and by deed granted that to him.

43. H. 3. title 441. Br. Assise, Assise of free-hold and Plaint of a fishing, and good.

7. H. 7. fol. 13. Trespass in his severall fishing, the De∣fendant prescribes that the Abbot was seised of a Mannor, and prescribeth to have free fishing from such a place, By Wood. A man may have free fishing in anothers wa∣ter, but not severall.

17. Ed. 4. fol. 6. Why by force and armes he fished in his severall fishing, the Defendant pleads that the place where, &c. is his Free-hold, and by Choke it is no Plea but an Argument, contrary by Brian, for a severall fishing is in his own Soile by him, and free fishing is in

anothers Soile, which Littleton, granted 18. Ed. 4. fol. 5. It was adjudged a good Plea by the whole Court, 18. H. 6.29.

20. H. 6. fol. 4. Trespass for fishing in his severall fish∣ing, the Defendant saith that the Soile covered with water is his Freefold, and is held a good Plea to the A∣ction, 22. Ed. 4. Title 116. Barr, F.

18. Ed. 5. fol. 4. A man shall not have an Assise only of water without Land, so if he saith, that the place is only covered with water which is his free-hold, it is a good Plea in trespass.

7. H. 4. fol. 9. Action upon the case lieth, for that the Defendant ought to repaire a wall of the Thames, and doth not, by which his Land is drowned, 7. H. 4. fol. 32.

Magna charta, chap. 23. All Kedels shall be put down from henceforth almost throughout all England, unlesse upon the Sea Coasts.

There are but two Writs in the Register for fishing, that is to say, In a severall fishing, and in a free fishing, see the Register in, 34.95.103.

Petty Treason is the first branch in the Charge, and for that somthing is to be remembred, which I finde in our bookes touching these Treasons.

IF Coiners of the Towre make Money of false Mettall, or lesse in weight by halfe, it is Treason, and he which uttereth it knowing, is a Traitor, 3. H. 7. fol. 10.

Where a Servant killeth his Mistris or traiterously slew her, he shall be drawn and hanged, and yet the Statute is, where the Servant kills the Master, for it ought to be as well to one as the other, 19. H. 6.47.

A Woman of the age of thirteen yeares was burnt, for that that she kild her Mistris, which proves that this is Treason, for otherwise she should have been hanged, 12. booke of Assises 30.

A Woman shall be burnt for Treason, as for killing her husband, and hanged for Felony, Britton, fol. 16. 1. R. 3. fol. 4.

Sorcerers attaint shall be burnt, Britton, fol. 16.

Counterfeiting the Kings Seal, or Money, was petty Trea∣son, and Charter of pardon in all Felonies would serve in petty Treason, for it is Felony, Stamf. fol. 2. but now

by the Statute of 25. of Ed. 3. chap. 2. of Treasons it is made high Treason.

The second branch in the Charge is Felony, and for that somthing is to be saide, what are Fe∣lonies by the common Law and what not.

IF one shoote at Butts, and kill a man by swarving of his hand, it is no Felony for which he shall dye, the same Law of tiling a House and a stone fall and killeth one, but if he hurt one, trespasse lieth, 22. H. 7.29.

If one shoot at Pricks, and his hand swarve, and he kill one, it is no Felony for which he shall dye, and for that which is not voluntary he shall have a pardon of course, but if he hurt one it is a trespass, though it be a∣gainst his will, and so it is where one cuts a Tree upon his own Land, and that falleth upon anothers Land against his will, it is a Trespass, 6. Ed. 4. fol. 7.

One cuts a Purse with three shillings in the same, and looseth his right Thombe, and so it is inquirable in Leet as Trespass, and not as Felony now by the Statute, 10. H. 3. tit. 434.

If one feloniously in the night burne a Barne adjoy∣ning to a House, it is Felony, 11. H. 7. fol. 1.

To play at Sword and Buckler together, and one killeth the other, it is Felony, otherwise it is if they play toge∣ther by the Commandement of the King, and one kill the other, 11. H. 7. fol. 23.

If one resist a Felon which would rob him, and kill the Felon in resisting him, it is no Felony, and he need no Charter of pardon, 22. Assise 55.

If a Theife kill a Merchant, and his Servant in pursu∣ing hastily the Theife kill him, it is no Felony in the Servant, 21. H. 7. fol. 26. Assise. 33.

If one be present when one is murdered, if he do not strike nor aid him, nor consent, nor cause him to do it, he shall not be indicted, contrary if he be any of those, 14. H. 7. fol. 3.

If diverse are present when a man is kill'd, and one of them kill'd him, the others are principalls, if they come for the same cause, 21. Ed. 4. fol. 84. In the time of H. 8.

tit. 351. A man bound to keepe the Peace, procures ano∣ther to breake it, this is the forfeiture of his recogni∣fance.

If one be present and move one to kill another, which is done, it is Felony in him though he strike not, 13 H. 7. fol. 10. the same, 4 H. 7. fol. 18.

An Infant within the age of ten and twelve yeares killeth one and was hanged, 3. H. 7. fol. 13.

Felony is not but where a thing is taken with a Fe∣lonious intent, that is, That is so privily, that he intends that he from whom it is taken, shall not know, 21 H 7. fol. 15.

If one take his own goods from him that hath the keep∣ing of them privily, and charge his Bailiff, that is Felony in taking his own goods, 5 H. 7. fol. 17.

Taking of Treasure trove or wreck with a Felonious intent is no Felony, 2•• booke of Assises 99.

Taking of Charters feloniously in a box concerning Land is no Felony, 10 Ed. 4. fol. 16.

If my Butler steale my plate in my House, it is in my possession and it seems is Felony, 3 H. 7. fol. 12. The same Law where my Shepheard steales my Sheep, 22 H. 7. fol. 15. 12 H. 8. fol 3. If I deliver my Butler my Plate, it is said it is no Felony, and taking of that is no Felony, this is where they are not delivered.

It was held by all besides Nedham, that if a Carrier hath a Baile, &c. or a Pack to carry and breakes that and takes the Goods out, it is Felony, * 1.104 for the Goods were not delivered but the Pack. The same Law if a Taverne Cup be delivered to drink and be taken away, is Felony, for it is in the possession of the master, and so it is of a Horse in the stable of his Master, and a Horse-keeper taketh him, but otherwise it is where he delivers him to ride, or Plate delivered to your Butler, for this taking is not by force and armes, 13 Ed. 4. fol. 9.

A Woman shall not be arraigned for stealing her hus∣bands Goods, abridged booke of Assises fol. 71.

Taking of Pigeons, or Fish in their savings is no Felony, otherwise it is out of a House or a Trunck, for there it is Felony, 22. booke of Assises 98.

Taking of Pigeons or other Beasts wilde in their wild∣nesse is no Felony, 12 H. 8. fol. 4. by Br. 22. Booke of Assises 95.

Taking of young Doves in their nests in a House is Fe∣lony, and so it is of Pikes out of a Trunck, contrary out of a River, taking young Goshaukes in a Park is Fe∣lony, otherwise it is where they are old Goshaukes, 18 Ed, 4. fol. 8.

Cutting of Trees is no Felony, otherwise it is if they were falled, and after are carried away with felonious intent, 22 booke of Assises 22. and 12 Ed. 3. Coron. 119.

Taking of Apples out of an Orchard growing upon the Tree, or cutting Trees, or Corne growing, though they be taken with a Felonious intent, is not Felony, for that they are parcell of the Freehold, but common break∣ers of Orchards, and common Trespassours are inquirable in Leet as I intend, 18 H. 8. fol. 2.

Robbery is but from the person of one, 31 H. 6. fol. 16.

Robbery if it do not amount to two pence is Felony, for which he shall be hanged, 22. booke of Assises 55.

Burglary of a House is, though he carry away nothing, the same Law of Robbery which is of his person though it be to the value of a peny, but it is no Felony that one shall be hanged, unlesse to the value of twelve pence, 22. booke of Assises 39.

It is Burglary, that he broke his House to kill him though he did not kill him, 13 H. 4. fol 20.

One intended to commit Burglary and was hindred yet hanged, 27 Assise 38.

It is no Felony if one intend to rob one, and doth not but is hindred, but it is Treason if he intend that to the King and do not the act; 13 H. 8. fol. 13.

A Boy would have carried out the Goods of his Master, and comming to the bed of his Master sleeping and cut his throate, and he cried out and his Neighbours came in and tooke the Boy and he was hanged, 15 Ed. 2. Coro∣ner 383.

Burglers are those which breake Houses or Churches, and though that they carry out nothing they shall be hanged, Abridgment of the book of Assises 75.

Note that presentments of Felonies at the Common Law, are presentable before the Steward in Leet, as ap∣peares by, 22. Ed. 4. fol. 19. and petty Treason is Felony as it appeares by Stam. fol 2.

Appeale of Robbery, the Defendant tenders to wage battaile, and was afterward outed of that, for that, that he was indicted before John Verney Steward in Leet; and for that hee did not shew to whom he was Steward, and in what place, it was nought, otherwife it had been good. By this it appeares that presentment of that may be before the Steward, Stamford fol. 2. Charter of pardon of all Felonies serves in petty Treason, for it is Felony, and for that also inquirable in Leet as Felony 22 Ed, 4. fol. 19.

1 H. 7. fol. 23. Sir Humfery Stafford shewed that he had matter in Law, to plead to an indictment, as sanctuary and prayed Councell, and had Councell upon that shew∣ed in Felony or Treason.

3 H. 7. fol. 1. Infant of tender age, or one out of his wits killeth one he shall not be hanged, 21 H. 7. fol. 31.

3 H. 7. fol. 1. If the principall take Clergy, being arraign∣ed or indicted, it seemeth that the accessary shall go quit and cleer if he have pardon, contrary 13 Ed. 4. fol. 3. upon acknowledging of Felony.

3 H. 7. fol. 1. One of the age of nine yeares which had discretion, to excuse himselfe, was hanged for murdering of an other Infant.

3 H. 7. fol. 2. It seemeth where one challengeth above the number of thirty six upon one Indictment, he shall be put to Pennance, and where it is in Appeale hang∣ed.

22 H. 8. chap. 14. No person arraigned for petty Treason, Murder, or Felony, shall not be admitted to any peremptory challenge above the number of twenty.

4 H. 7. fol. 2. One arraigned and found it was in de∣fending himselfe, and had a pardon of grace.

14 H. 7. fol. 2. Where one indicted before a Coroner is afterwards acquit, it shall be inquired who killed him, 11 H. 4. fol. 91. the same:

11 H. 7. fol. 19. If a married woman make Felony, her Land is forfeited forthwith, unlesse that her Husband be intituled to be Tenant by the curtesie.

21 H. 7. fol. 30. Clerkes convict or attaint are not out of the same Law as Aliens are.

1 H. 7. fol. 6. Rescuing a Felon is Felony,

by the Common Law, of Breakers of Prison by the Sta∣tute.

4 Ed. 4. fol. 10. One indicted of Murder such a day, and an Appeale sued supposing the Murder another day, yet good, and shall be all one, for the day is not matteri∣all and after the parties in the Appeale agreed, and the Playntiff is nonsuted, he shall be arraigned at the Kings Suit.

21 H. 7. fol. 29. Where one shootes at Pricks and kil∣leth a man by the swarving of his hand, it is no Felony that he ought to dye.

9 Ed. 4. fol. 2. Defendant in Appeal of Felony shall have Councell but not in an Indictment, unless he have mat∣ter in Law to plead.

6. Ed. 4. fol. 27. Indictment, That Alice S. he tooke feloniously, and knew her carnally against her will, but fe∣loniously ravished her and Indictment of Murder, that of malice pretended he killed him is not good, but Murdravit, vid. 1. H. 4.1.

Bracton saith, If there be any that striketh a Woman being with child, or gives her poyson by which he maketh an abortive or a child now formed or having life he commit∣teth man-slaughter, 3. book of As. 4. or where one beateth a Woman with childe which indeed was borne dead it is no Felony 22. booke of Assises 94.

Stamford 22. It is requisite that the thing slaine be in Rerum natura, and for that to kill an Infant in his mo∣thers belly is no Felony, Stamford 16.

22. booke of Assises 71. Two fight together and one commeth to part them and is slaine, is Felony.

26. booke of Assises 22. A Felon in robbing of a House is slaine, it is no Felony in killing.

Stam: fol. 25. That cannot be Felony to steale wild beasts found in their wildernesse, nor for Doves being out of their Dove-coat, nor Fishes taken in the River, for such stealing is not the taking of anothers Goods, but of a thing, which none hath property in.

But otherwise it is if he breake the Pigeon-House and steale the young Pigeons which cannot go nor fly for that is Felony. The same Law of taking of young Gos∣haukes bred in my Parke

18. H. 8. fol. 2. By Fitzh. and Englefeild, taking of

young Pigeons in a Dovehouse is not Felony. Quere for they are of a wilde nature.

22. booke of Assises 3. One killeth one outlawed of Fe∣lony, by Scroope it is no Felony, but by Stamf. Otherwise it is where he is attaint by verdict.

35. H. 6. fol. 68. A husband attaint of Felony is slaine, his Wife shall have an appeale, but not his Heire, for there is no corruption of blood between the Husband and his Wife.

34. H. 6. fol. 53. If a Felon read, and the Ordinary re∣fuse him, the Prisoner shall be spared and the Ordinary shall be fined, and if a Felon once faile to read, yet the Justices may spare him and make him try to read again, and said there that he shall have his Clergy under the Gallows, but inquire that: Stamford saith, Burglary may be in the day as well as the night, but all Indictments are (by night) and for that quere, Title Clergy plac. 12. He which breaketh a House by day or night, any person be∣ing in that, and by that put in feare, or rob'd of any thing, he shall not have his Clergy, Stamford 129.

Forfeiture.

And for that, that you ought to inquire, what Lands and Goods those attaint of Felony have, it is now to see what the King shall have and what the Lord, by attainder of one in Felony and what not.

WEE shall not keep the Lands of those which are convicted of Felony, but for a yeare and a day, and then the Lands shall be delivered to the Lord of the Fee, Magna Charta, chap. 22. see Stamford 190.

If the Lord entet after the yeare and day, where he ought to have a Writ to put him in, the King shall re∣seise, 8. Ed. 2. tit: Trespasse 48.

The King shall have all Chartells of Felons condem∣ned and fugitives, and if they have a free-hold, then that forthwith shall be taken into the Kings hands, and the

King shall have all the profits by a yeare and a day. And that the Tenement shall be wasted and destroyed, &c. and after the yeare and day it shall be given to the cheif Lords, Prerogative, chap. 16. Rastall 5.

Note that a man shall not forfeit his Lands in no case but where Judgment is given, and that is in three man∣ners, that is to say, Where one is Outlawed of Felony, or abjures, or is hanged, for they make but three manner of Writs of Escheate, that is, for which he is Outlawed for which abjured, and for which he is hanged, and for that it is said if one rise against the King and is slain, that he shall not forfeit his Lands untill he be afterwards attaint by Parliament, as in use, 7 H. 4. fol. 33. the same, 7 H. 4. fol. 48.

See Stamford, fol. 49. The King shall have yeare day and Waste, and Chattells forfeited.

Fitzh: 144. It seemeth that the King shall have yeare day and waste, where one is convict of Felony, and that is the next yeares profits, for if one taketh the profits that yeare and day, the Lord shall have a Writt to the Sheriff to deliver him possession, and he which hath taken the profits shall answer to the King for that.

Fitzh: 144. N. The King shall have the escheat of Te∣nements in Cities and Borroughs, which are held of him in fee farme.

Fitzh. 6. b. The King as it appeares by the Register shall have a Writ of escheate returned into the Kings Bench, for the King may sue in what Court he will.

31. Ed. 1. tit. discent 17. f. If the Son and Heire of A. be Outlawed in the time of his Father of Felony, and after he purchase his Charter of pardon in the life time of his Father, and after the Father dies, he shall not have the Lands descended from his Father, but the Lord of whom they are held by escheate.

9 H. 5. fol. 9. the same, 1. Ed. 1. tit. discent 15. the blood is corrupt which cannot take by discent.

26. Of the booke of Assises 2. If the Son be attainted of Felony in the Life time of his Father and hanged, his Sister shall have the Land by descent from the Father, and it shall not escheate.

46. Ed. 3. tit. discent 6. If the Father have a Son and a Daughter, and the Son be attaint of Felony in the life

time of his Father and dieth, there the Daughter shall have the Land, and if he survive the father, then the Lord by escheate, 8 Ed. 1. tit. Assise 421.49. book of Ass. 4.

3. booke Assise, Where the Tenant grants a rent-charge out of his Land, and after that escheates, the Lord shall hold this charged, but otherwise it is where a Tenant which holds of the King, chargeth and dieth without Heire, 4 Ed. 4. fol. 2. If that be found by Office, yet it cannot be.

Natura brevium, 103. In a Writ of Escheat it is no Plea that he died not seised, but it is a good Plea that he did not dy his Tenant.

Fithz. 144. C, If the Tenant be disseised, and after dieth without Heire, it seemeth the Lord shall have a Writ of Esch eate, for that, that his Tenant died in his Homage, 2 H. 4. fol. ninth, the same.

Fitzh. 144. If a man be beheaded for Felony or dy after Judgment, before he be put in execution by the Officer, yet the Writ shall say, for which he was hanged, Na: Bre: fol. 104. the same.

11 H. 4. fol. 16. One may have escheate and ward be∣fore he be seised of the services, Littleton 106. if a Signiory be granted by fine.

See 2 and 3 Ed. 6. chap. 8. Where one hath a Rent, &c. The King is intitled to the Land by attainder, and that is not found in the Office, yet he himself shall have his Rent by the Statute.

And it is to see now, where a forfeiture shall be of Goods onely and not of Lands, and where not.

ONe indicted that he killeth one (in defending himself) by Fairefax he shall be arraigned and shall loose his Goods, 21 Ed. 3. fol. 18. and shall not forfeit his Lands, 4. H. 7. fol. 2. fol. 18.

Where one killeth one (in defending himselfe) or by mischance, he shall forfeit his Goods and not his Lands, Stamford fol. 45.

If one kill another by misfortune he shall forfeit his Coods, and it behoveth that he have his pardon of grace, Stamford, fol. 185. the same, 26 H. 6. fol. 6. the same, and he shall not forfeit his Lands, 2. H. 4. fol. 20.

One arraigned pleads not guilty, and it was found that

the dead struck the other to the ground, and for haste fell upon the blade of him that lay upon the ground, he lying upon the ground shall not forfeit his Goods, but if it were found that he kils him (in defending himself) it is other∣wise, 44 Ed. 3. fol. 44.

49. Ed. 3. fol. 5. Where a man is indebted to a man attainted by specialty, the King shall have it, contrarily if it be without specialty, for the Debtor may wage his Law against him which is attainted, contrary against the King, but in the Exchequer it was held that debt to be forfeit to the King, 16. Ed. 4. fol. 4.

A man cannot wage his Law against the King, 50. Ed. 3. fol. 1. Stamford 183. See forfeiture, upon he made his flight, and fol. 184. upon an Exigent awarded, and fol. 185. upon a Clerk convict, and fol. 187. of Lands and of a thing in action and so further of Forfeiture.

Clerke convict shall forfeit all his Goods, but not his Lands but the Clerke attaint shall forfeit his Lands, 40 Ed. 3. fol. 42. Fitzh. fol. 66. yeare, 20 Ed. 4. fol. 5.

Clerke convict shall forfeit his Goods, notwithstanding that after he makes his purgation which now is not made by the Statute of 18. Eliz. chap. 7. And then he shall for∣feit the Issues of his Lands till he hath made his purga∣tion 8. Ed. 2. Forfeiture 34. and Stamford, fol. 185.

A Clerk convict is not out of the Law as an Alien is, for his Heire shall inherit his Lands after his death, 3. H. 7. fol. 12 and 21. H. 7. fol. 31.

A Woman out of her wits killeth her Husband, she shall forfeit nothing, Stamford, fol. 45. Where a man di∣stracted kill one he shall forfeit nothing 3. Ed. 3. forfeiture 25.

Executors Outlawed shall not forfeit the Goods, which they have as Executors, nor by attainder of Felony, 32: H. 6. fol. 34.

By award of Exigent in Felony, though he be acquit∣ted afterwards, his Goods are forfeited, 44, Ed. 3: fol. 17: and Stamford fol. 184. D: 22 booke of Assises 81.

By award of Exigent, Goods and Profits of his Lands are forfeited if the Exigent be not erroniously awarded, Stamford fol. 47.

If one be indicted upon the view of the body, before the Coroner, of death, all his goods are forfeited, though

that he be acquit afterwards, Stamford, fol. 45. See 5. H. 4. 13. H. 4. fol. 15.

If a man be convict of Heresie, and be delivered to the Lay power, his Goods are forfeited, though that he be not put in execution; but his Lands he shall not forfeit, unlesse he be put to death, Doctor and Student, fol. 14.

One killeth himself, he shall forfeit his Goods and not his Lands, 3 Ed. 3. Tit. Coron. 201. 8. Ed. 2. Tit. Corone. 420.

The Goods of them which hang themselves are con∣fiscate, 8. Ed. 4. fol. 4.

One put to his penance shall not forfeit his Lands but Goods, 14. Ed. 4. fol. 7.

For petty The every one shall forfeit his Goods, but not his Lands at this day, 8. Ed. 2. Coron. 406. 22. Book of Assises, 41. the same, 27. H. 8. fol. 27.

If Tenant in Tail be attaint of Felony or Treason, he shall forfeit his Goods, but his Issue shall have his Lands: but by the Statute of 5 & 6. of Ed. 6. chap. 11. For high Treason Tenant in Tail shall forfeit his Lands, 7. H. 4. fol. 33.

By Outlary in Debt or Trespasse, the outlawed shall forfeit his Goods but not his Lands but the King shall have onely the profit of his Lands, 21. H. 7. fol. 7. Yet the party outlawed may make a Feoffment, and it is good, 9. H. 6. fol. 52. verbatim.

One killeth a man and flies, therefore his Goods are pre∣sently confiscated; and see Stamford, fol. 183. Upon a ma∣king flight, found, though afterwards he be acquited, he shall forfeit his Goods, 8. Ed. 2. Coron. 390.

If an accessary before the Felony fly, he shall forfeit his Goods, but otherwise of him that is accessary after the Felony, Stamford, fol. 47. the same, 4. H. 7. fol. 19. VVhere in arrest for Felony, one is slain in flying the arrest; he which is slain shall forfeit his Goods, and yet he was not attaint, Stamford, fol. 46.

Lands which a man attaint hath at the day of the Felo∣ny done are forfeited, but no Goods, but those which he hath at the time of the Judgement.

By an Outlary in Felony he shall forfeit his Chattels; but if one give them before the exigent they are not for∣feited, 47. Ed. 3. fol. 24.

A man attainted for Felony shall forfeit his Lands, which he hath at the day of the Felony done, otherways it is of his Goods; for if he sell them before the attainder, the sale is good: but note, that they are not given by Covin to defraud the Queen, for then the Gift is not good, as I intend, 33 Ed. 3. Tit. 30.

To the Goods of one attaint, it shall have relation, but to the Judgement and Conveyance of them before is good, by Perkins fol. 6.

If one commit Felony, and is attaint, and in the mean time betwixt the Felony made and the attainder, he de∣parts with his Goods, this Gift is good, Stamford, fol. 48. the same, Stamford, fol. 192.

The Town where the Goods of Felons and Fugitives are, shall answer for them always, and the Sheriff may seise the Goods, but not carry them away till he be attain∣ted, for he shall have them to live upon, Stamford, fol. 47.

And that no Sheriff, * 1.105 Bailiff of a Franchise, nor other person, ought to take or seise Goods of any person ar∣rested, and imprisoned, before the same person be convict or attaint of Felony, according to the Laws, or that the same Goods be otherways forfeited, upon pain of double value to the party greived: and note, who is the party greived, and that is they in Prison, and not out; but he cannot seise his Land, 1 R. 3. chap. 3.

By Hull, where a man is indicted of Felony, his Goods shall not be removed out of his house, before he be attain∣ted, for he shall live of his Goods, 7. H. 4. fol. 48. Officer ought not to seise Chattels of a Felon before attainder, but to sequester them that they shall not be stolen, and to make the party finde Surety, that they shall not be con∣veyed away, and if he do not, to put them into the hands of neighbours to keep, 43 Ed. 3. fol. 24. See Stamford, 192. for the time of Forfeiture, Relation.

Now for that, that diverse Lords of Leets have diverse Liber∣ties and Pr••viledges, and some are by the Kings Grant, and some by Prescription; let us see what Liberties and things the Lord may have by the Kings Grant, and what not; and what Liberties and things he may have by Prescription only, but not without shewing a Charter, and what he may, and then who shall have without shewing allowance, and who not.

THe Lord cannot have the Goods of Felons but by Charter and Grant of the King, and not by prescrip∣tion; but the Lord may have weif and stray by prescrip∣tion, 21 H. 7. fol. 32.

One cannot prescribe to have the Goods of Felons and Fugitives, and to have that by prescription, without shew∣ing a Charter, but to have weif, and stray, and wreck of the sea, he may have by prescription onely, 9. H. 7. fol. 20. Abridg. Assises, fol. 78. 2 Ed. 3. Fitzh. Coron. 241.

One may have (in fangtheef) that is to say, to have Theives taken within his Lordship, to be adjudged in the Lords Court; and also (out fangtheef) that is to say, Theives of your own Land, to be adjudged in your Court by prescription, 46. Ed. 3. fol. 16. A man cannot have the Goods of Outlaws, unless it be by Charter. Abridgement of the Book of Assises, fol. 78.

Your Lord may prescribe to hold plea, and to have that by prescription onely, but you cannot prescribe to have Conusance of plea by prescription onely, without shewing the Charter of the King, 9 H. 7. fol. 10.

One may prescribe to have a Park and a Leet, and that by prescription onely, and may have that without shewing allowance in Eire, 1. H. 4. fol. 5.

A man cannot have the Chattels of Fugitives without the Charter of the King, for it is a thing of the Kings Prerogative, 46. Ed. 3. fol. 16.

The Abbot of Westminster prescribes to have Sanctuary for Felony and Treason, and to hold pleas, and could not, without shewing a Charter dated before memory, to prove the beginning of that; and for that, that this is against common right, he ought also to shew allowance of that after the time of memory: but he may have weif and stray, and view of Frank-pledge by prescription onely, and without shewing allowance; but otherwise it is to have the Goods of Felons and Fugitives, 2. Ed. 4. fol. 21, & 22.

Note, that the things that you may have onely by pre∣scription of common right, you shall have without shewing allowance, and the other things not without shewing al∣lowance.

The allowance which you ought to shew, shall be that which was allowed in the Kings Bench, or in Eire, and not in the Common Bench.

Ancient grant of the King shall be taken, as it hath been allowed, as the King hath granted to one his royall Rights, and the King is concluded by the allowance in a Quo Warranto, in the Kings Bench, and not in the Com∣mon Bench, 10. H. 7. fol. 13, & 14.

Charter of H. 2. dated before memory, and allowance of that shewed after memory in the Common Bench; it is not good at this day, unless it be in Eire, 21. H. 7. fol. 29.

The Kings Bench is Eire, and more then Eire; for if the Kings Bench cometh into the County where the Commis∣sion in Eire is, that shall cease, 27. Assise, 1.

Grant of the King.

Where the King hath granted to you by his Charter (the Goods of Felons) and Fugitives, what things pass by this Charter, followeth:

ALlowance in the Common Bench is not good, and al∣lowance shall be within memory, 9. H. 7. fol. 16.1. H. 7. fol. 23.

In the time of H. 8. Tit. Grants, 364. If the King grant Reversion, and mis-recite the date of the Lease, but re∣cites well the Estate, the thing, and the name of the Les∣see, it is a good Grant.

8. H. 7. fol. 4. Where the King upon information of the party, grants a Mannour, and recites that he had it by Forfeiture, and hath it not by Forfeiture, it is a void Grant, for the King is deceived; so it is said, where the King grants a Reversion where there is no Reversion, he is deceived and void.

26. H. 8. fol. 1. The King recites for the good service he hath done in the Wars, he grants, where he was never in the War, it is a good Grant, for the recitall is a matter in deed not material.

9. H. 7. fol. 27. Where the King grants upon a Petition for his service, such a Mannour of such a value, where it is of a greater, he is deceived, and it is void.

9. H. 7. fol. 2. If the King makes one a Denizon, and re∣citeth where he was born in France, where in truth he was

born in Spain, this Grant and making him Denizon is a good Grant, and the recitall is not materiall.

9. H. 7. fol. 2. Diversity where the King of his meer mo∣tion, grants, and recites, that what he hath granted by his Patent, he ratifies, and confirms, the King is estopped to say the contrary, but that he granted and ratified that: but if it were (as I am informed) he is not estopped, and the King is deceived.

37. H. 8. Tit. Patents, 10. It is said for Law, that false consideration in Letters Patents shall not avoid them; as where the King for ten pounds to him paid, giveth such Land, and the ten pounds consideration is not paid, the Patent is not void. Contrary of a Patent made upon false surmise, as that the Land came to the King upon the at∣tainder of J.S. and it is false, the Patent is void.

6. H. 7. fol. 13. If an Office be granted by the King to one for life, and after the King grants that to another, and do not recite the first grant, the King is deceived, and the second Grant is void.

The King grants to you (the Chattels of Felons and Fugitives, for whatsoever Offences) you shall not have the Goods of one that stands dumb, for these are Forfeits for Contempt, and this Grant shall be taken strictly, because it rusheth upon the Kings Prerogative, 8. H. 4. fol. 2.

The King grants to one the Chattels of Felons and Fugitives, and of whatsoever Offenders, the Granter shall have the Goods of him attaint for petty Treason, and not for high Treason by these general words (for what Offen∣ces soever) 22. Book of Assises, 40.

If one kill the Kings Ambassadour, this is high Treason, and for that he shall not have his Goods, but Goods of one attaint for petty Treason, by the Grant (of Goods and Chattels of Felons and Fugitives, and for whatsoever Offences) he shall have, for that is Felony, 22. Book of As∣sise 49.

Where there is a Grant to you by a common person (all his Goods) A Lease for years, nor a Ward pass not, for (Goods) are Moveables, alive and dead, and not Chat∣tels, 4. Ed. 6. Brook Grants, 51.

And for that the King grants (all the Goods of Fe∣lons) you shall not have a Lease for years of one attaint, for it is a Chattell real, Brook, Done, 438.

Plowden, fol. 424. Where one grants all his Lands and Tenements to one, there a Lease for years may passe, where the King grants (all the Goods and Chattels of Fe∣lons of his men) that is but his own Tenants, unlesse it be an ancient Grant, and the Grant put in use of other Te∣nants, also 40. Book of Assises, 41.

If one grant all his Goods, as well living as dead, a Rent charge, which the Grantor hath for years, passeth by this Grant, 39. H. 6. fol. 37.

Where Chattels are granted to one, by this he hath as well Chattels moveables as not moveables, for a Lease for years is within this word Chattels, as it appears by Bra∣cton, Stamford, fol. 44. Prerogative.

Where Chattels are granted to one, he shall have the Corn of a Felon, growing upon the Land of a Felon, at the time of the Forfeiture, and right of Actions to the Goods, as where Goods by wrong are taken from a Felon, and where one is indebted to a Felon by Obligation, or is accountable to a Felon for any Receits, Stamford, 45. Pre∣rogative.

The King may have Debt due by Obligation to a Fe∣lon, and not which is due by Contract, 16. Ed. 4. fol. 4.

Chattels.

IF a Disseisor sow the Land, and sever that before the Disseisee re-enter, the Disseisee cannot take the Corn, for they are Chattels, and come by his industry, but o∣therwise it is of Trees cut by the Disseisor, and made in Fagots, or Grasse made in Hay, which come by the Soil, 5. H. 7. fol. 16. and 2. H. 7. fol. 2. the same.

39. Ed. 3. Tit. The Writ is of Goods and Chattels, and the Count of Corn, and ten pounds in money, and for that that money is not Goods and Chattels, he abridged that.

7. Ed. 6. Tit. Grants, 55. A man grants all his Lands and Tenements in D. a Lease for years doth not passe, that is, where he hath Lands in fee in D. and also a Lease there.

37. H. 8. Done, 41. It is said for Law, that if a man give all his Lands and Tenements in D. by this a Lease for years doth not passe, for (Lands and Tenements) shall be in∣tended, Free-hold at the least.

10. Ed. 4. fol. 1. If an Executor give all his Goods and Chattels, the Goods of the Teslator do not passe and clear, the Giver shall not forfeit them.

28 H. 8. fol. 4. by Elliot, If a man give all his Goods and Chattels, Hawks nor Hounds do not passe.

18 Ed. 4. fol. 14. For that they are of a wilde Nature.

9 H. 7. Tit. Grants, Brook, 87. If a man hath Lands in Lease, and is seised of other in fee, and make a Feofment of them both, and Livery onely in the Land in fee, the Land for years doth not passe.

8 Ed. 4. fol. 4. by Pigot. Where a man gives to me a Deed of Feofment, then I have not the Land, that is but a Chattell in me.

39 Ed. 3. Tit. Charters, 6. A man granteth the next Ad∣vouson to J.S. and his Heirs, it is but a Chattell, for it is but for one turn; the same Law for a Lease to him, and his Heirs for twenty years, 136. the same, Book of Assi∣ses, 22.

21 H. 7. fol. 26. A man seised in fee maketh a Furnace of Lead in the middest of his House, which was fixed to the Walls, and died, the Heir shall have that, and not the Executors, for it is fixed to the Free-hold, and not a Chattell; the same Law is of Fats fixed in a Brew-house or Dy-house; and at this day is the like of Glasse, though there it was held the contrary; but it seemeth where the Termor fixeth such things, he may take it within the Terme, but after the Terme not; and the Heir shall have Table-dormants, and those things which cannot be at∣tached in Assise.

Stamford, 45. Chattels are as well Chattels moveables as not moveables, and Leases and Chattels are the Corn growing, and right of Action, and an Obligation made to a Felon, and Money out of a Bag, and Corn out of a Sack, are Chattels.

10 Ed. 4. fol. 1. It seemeth where one gives all his Goods and Chattels, the Charters of the Giver doth not passe: See 4 H. 7. fol. 10.

38 Ed. 3. Tit. Charters, 24. It seemeth that Charters are but Chattels.

8 Ed. 4. fol. 4. If one give to me a Deed of Feofment, whereof I have not the Land, this is but a Chattell in me.

21. Ed. 4. fol. 80. Writings may be laid to pawn for Mo∣ney borrowed, by which it seems that Writings are Chat∣tels in divers Cases.

37. Assise, 11. A Woman hath Execution by Statute-Marchant of Land, and takes a Husband, this is a Chat∣tell, and for that the Husband may give it.

24. Fd. 3. Tit. Charters 5. by Thorp, The Escheator may seise the Ward, though there be no Office found, for it is a Chattell, and vested in the King without an Office.

4. H. 7. fol. 10. Where Tenant in Tail discontinues and dies, the Deed in Tail belongs to the Heir, before he hath re-continued his Estate in the Land, and it is no Chattell, but an Inheritance; for if one give all his Goods and Chattels he shall not have such Deeds.

Now let us see that the not using of Priviledge and Liberty is the cause of ceasing of that, and where not: I intend not using of Liberty, which is for the benefit of the party, this is no cause of ceasing, but where it is for the Common∣wealth; not using is a cause of ceasing, and mis-using is a cause of ceasing for ever.

IF one have Liberties and do not use them within memo∣ry, all is gone, 14. H. 7. fol. 1.

Not using of the Office of Clerk of the Market, is cause of ceasing, for that is for the Common-wealth, 2. H. 7. fol. 11.

By Billing, by mis-using, and not using also of Market shall cease, 2. H. 7. fol. 11. & 15. Ed. 4. fol. 7.

Where the Abbot of S. Albans had a Gaol by Franchise, and would not be at costs with the Justices of the Gaol∣delivery, to make Delivery of Prisoners, and kept them long in Prison, for that it was seised into the Kings hands, 8. H. 4. fol. 17.

If the Lord of the Franchise refuse to do a thing com∣manded by the Court, as to bring in his Prisoners, it is a forfeiture of his Liberty, contrary where it is commanded by proceffe, by Hussey.

If a Lord refuse to do right, or misuse his Franchise by himself or by his Bailiff, or Deputy or do not use his Franchise, that shall be reseised, and all Lords which have franchises shal attend upon the Justices of Assise in person,

or by their Bailiffs or otherwise they shall forfeit their Franchises 20. Ed. 4. fol. 5.

Confirmation.

NOte that there need be no Confirmation of a Char∣ter of grant of Liberties, after the death of every King as it is used, 1. R. 3: fol. 4. But otherwise it is of Of∣ficers judiciall, 33. H. 8. tit 203. If the King grant the Chattells of Felons to one and dies, there need no confir∣mation of that, otherwise if there were a Faire or a Mar∣ket granted, or a judiciall thing or a ministeriall Office granted.

Suit.

Then the next branch of Charge is Suitors and for that let us see, who are resident which ought to make Suit at the Leet and who not.

SUite reall is at a Leet, * 1.106 and this is by reason of their resi∣dence, 12. H. 7. fol. 17.

Eitzh, 160. B. A man which is not resident but hath Lands within the Leet, shall not be destreined, (but where he is dwelling) to make sute to the Leet, Marlebridge chap. 10, Who have Tenements in diverse Hundreds, have no necessity to come to these Turnes, unlesse in the Baily∣wicks where they are dwelling where the Master is resident, and also his Servant in some Leet as well the Master as the Servant, 2 H. 4. fol. 17.

Men of Religion, Clerkes, Knights, nor Women shall not be Deciners, Fitzh, fol. 160. C. Register, fol. 181. Britton fol. 19.

It is provided, that they have no need to come, * 1.107 Arch-Bishops, Bishops, Abbots, Priors, Earles, Barons, nor any religious Men, or Women, Marlebridg chap. 10.

A man shall not make Suite twice to two Leets of seve∣rall men for his residency, but one time to one and ano∣ther

day to another he may, but one may come twice to the Leet of one person, and yet may be charged to come to the Turne of the Sheriffe, 18 H. 6. fol. 13.

Every man ought to be attendant to a view of frank∣pledge, 21 Ed. 3. fol. 12.

For that the not scowring of Ditches adjoyning to High waies and Bridges, and also other an∣noyances in waies are presentable in Leets, and is another branch of the Charge, let us see how they shall be done and what by the Common Law and what now by the Statutes.

Waies.

IF a man have Land adjoyning to the Kings High way he is charged of common right to cleanse the Ditches without any prescription, * 1.108 but if he be not next adjoyning, it is otherwise, for there he is not chargable without pre∣scription, but it is said, that he whose land is next adjoyning to a Bridge, * 1.109 is not held of common right to repaire the Bridge, though the Bridge have been there time out of minde, unlesse he have that made by prescription.

Magna Charta, * 1.110 chap. 15. No Town nor Free-man shall be distreined to make Bridges unlesse that of old they use to make them in the time of King H. our Grand-Father, the Statute of 22 H. 8. chap. 5. Gives power to the Justi∣ces of Assise to determine the making of Bridges, where it cannot be held and proved what person certaine ought of right to make such decaied Bridges, and what shall be made by the Inhabitants, or riding where such decayed Bridges are, by which it appeares, that he which hath Land adjoyning to a Bridge, is not chargeable to make the Bridge unlesse it be by prescription. * 1.111

By Moyle if any incroachings be made over the Kings Way as by a Ditch, House, or Wall, it shall be punished by presentment in the Leet, and I collect upon the opini∣on of this book, and upon 8. Ed. 4. fol. 9. And upon 27. H. 6. fol. 9. and upon 6. Ed. 3. way 2. Where a Lord of a Mannor hath Land upon both parts of a High way, that

he shall have the Trees growing in the High way, and also where a way is over a waste of the Lords, * 1.112 but where a Free-holder hath Land of each part of the High way, he shall have no Trees growing in the Highway, and where he hath Land joyning but upon one part of the way he shall have no Trees growing upon that halfe of the way, 2. Ed. 4. fol. 9. But Britton fol. 111. Saith, that a Frec-holder shall have Trees if it be not in the common High way.

He which doth not scowre his Ditches adjoyning to a Highway, * 1.113 ought to forfeit for every rod not made 12 pence every time 18. Eliz. chap 10. and before that by the com∣mon Law he which had Land adjoyning to the High way, ought to scowre his Ditches adjoyning to the High way.

It is provided that the Hedges, Fences and Ditches next to either part of the High waies or common travelling Waies, shall be from time to time scowred and repaired, * 1.114 and that all Bushes and Trees in them growing shall be cut by the owners, and by, 8 Eliz. chap 10. for not doing of that, forfeit ten shillings, and these points of the said two Statutes are inquirable in a Leet, 5 Eliz. c. 13. Com∣mission may be awarded for not repairing Bridges, Fitzh 113. a. and 127. d.

By Shelley, If one do not clense his Ditch but suffer that to drownd the high way he shall be amerced, 12. H. 8. fol. 19.

And note that injuries made in the High way are present∣able in Leet, as it follows, but not injuries in private waies, but the party greived shall have an Assise of Nusance or an action upon the case, if he have no free-hold, and yet it is used to inquire if one stop private way, but it is to no pur∣pose, if it be not for evidence in an Assise of Nusance as an inquest of Office, but it seemeth to be good between Copy∣holders, which cannot have an Assise of Nusance; nor an a∣ction upon the case for stopping a way and the paine upon that is good to be assessed.

By Fairefax, A Leet hath power to inquire of common annoyances, but not of particuler, as if one stop my pri∣vate way, or breake my Close, that is not inquirable, A. 3. fol. 1.

If a High way be not repaired, so that I be damnified by miring my Horse, I shall not have an Action for that,

but a presentment shall be of that in a Leet, see 27. H. 8. fol. 27. and 5. Ed. 4. fol. 3.

If one sow my private Way to my Meadow, I shall have an Assise of Nusance; and it is not presentable in Leet, and where he streigrens it, action upon the case lieth, 33. H. 9. fol. 29. The same Law of my way stopt to the Church, 6 Ed. 4. fol. 37. If one stop the water running to my Mill, I shall have an Assise of Nusance and it is not presentable in Leet, 2. H. 4. fol. 12.

The Free-hold of a High way is to the Lord, and pas∣sage for the People is to the King, and punishment for annoying of that may be to the Leet, 6 Ed. 3. way 2. and 2. Ed. 4. fol. 9.

In a High way, the King hath but passage for him and his People, but the Free-hold and all the profits are to the Lord of the Soile, as Trees, &c. the King shall punish annoyance made there, and the Lord shall have an action for digging the Land there, 27. H. 6. fol. 9. and 8. Ed. 4. fol. 9.

He which hath Lands adjoyning to the way hath the half of the way, unlesse it be a common High way, for there it is otherwise, for there it is to the Lord, Britton fol. 111.

Kings High way is that which leadeth from Town to Town, and common way is that which leadeth from a Town to the Feild to their Lands, 3. Ed. 3 Statham. Tit. Wayes.

It seemeth there are royall VVayes, or High waies, common waies, and private waies, and to stop private waies an action lies.

Fitzh 124. If one be disturbed from his way he shall have a Quod permittat, B. to have a certaine way o∣ver the Land of the said A. in D. as he ought and was wont.

33. H. 6. fol. 29. It seemeth where my way is straitned or impaired I shall have an action upon the case, but if it be all stopt I shall have an Assise of Nusance, but by Prisot, if the stopping of the way be by the Land Tenant, Assise of Nu∣sance lieth, But if it be by a stranger an action upon the case lieth, but of a common annoyance that is made in the Royall way, none shall have an action but present that in a Leet, or _____ _____ and set a Fine upon him for

the King, and by Prisot I shall have an Assise of Nusance or a Quod permittat, against all the Tenants, though but one of them stop the way.

5. Ed. 4. fol. 3. If a common way be, and is not repaired by him which ought to do it, so that I be in losse by that, I shall not have an action; but by way of presentment in Leet, &c. 27 H. 8. fol. 32. see there.

Fitzh 184. Assise of Nusance, he stopped the way or strait∣ned the way in D. to the hurt, &c. it lieth, 48. Ed. 3. fol. 27. Arctavit viam a good forme.

11. H. 4. fol. 81. &c. Where one hath a way over a Bridge to his Mannor, which another ought to repaire, and he suffers a decay, so that he cannot passe, action upon the case lieth.

Fitzh 183. Assise of Nusance lieth where a man hath made an annoyance to my Free-hold which I have for my life in Taile, or in Fee, and so it followeth that a Termer for yeares shall not have an Assise but an action upon the case, see, 27. H. 3. tit. Assise 437. If one let Lands for yeares, and after an annoyance is made, the lessor shall have an As∣sise and not the Lessee.

11. H. 4. by Hanke and Culpepper if a man hath a way, unity extincts it, 3. H. 6. fol. 42.

21. Booke of Assises 1. Where a way is extinct by unity of possession in the Father yet it may be afterwards revi∣ved by partition with Composition, for the Composition makes that, and it is called a new way.

5. H. 7. fol. 7. A Way belonging cannot be made in grosse by grant, for none may have the Commodity of that, but he which hath the Land to which the Way is appen∣dant, the same Law of common appendant, but otherwise it is common appurtenant.

26 H. 8. fol. 4. Appendant cannot be aliened and severed in Drifts and Waies to Closures, yet the Free-Holder shall have the Trees, but commonly in high way there is some waste in which the Tenants have common of pasture, and the Trees growing there are to the Lord of the Mannor.

17. Ed. 3. fol. 43. Is, that the Free-hold and the Soile of a high street is in the Lord of the Mannor, and the Peo∣ple have nothing there but the passage, and 8 H. 7. fol. 5. by Keble, the Soile and Free-hold in the way is to those which have Land adjoyning.

2. Ed. 4. fol. 9. Where there is a common way through∣out a Feild, the Free-hold of the Soile is to the Tenant of the Land adioyning and not to the King, for he hath but passage for his People.

Incidents.

A Man cannot dispence with a Suite to a Leet unlesse by speciall words, 8. Ed. 2. tit. 28

2. H. 7. fol. 4. Partition is made of foure Mannors which descend to foure coparceners, that every one shall have a Mannor except the Advowson, and by that the Advowson is ingrosse and severed, and if all dy but one, it shall be appendant again.

8 H. 7. fol. 1. By grant of a hundred, Leet passeth as In∣cident, for a Hundred cannot be without a Leet, for a Leet is parcell of it, and to a Mannor a Court Baron is Inci∣dent and to homage fealty, and to a Faire a Court of Pi∣pouders, and it seemeth these cannot be seve∣red.

Perk. fol. 22. Common appendant cannot be severed, nor Estovers to be burned in a House, but a Villian regardent may be severed, and an Advowson appendant and made in grosse, for an Incident inseperable cannot be severed by grant, as in the case next before, but Incidents seperable may be.

40 Ed. 3. fol. 22. Beasonable aid, to make his Son Knight or to marry his Daughter and releife, for soccage after the death of his Tenant cannot be released by generall words, therefore release of all actions and demands besides fealty and Rent by the Lord to the Tenant, shall not extinct these Incidents, the contrary is said, if it be by speciall words.

19. H. 8. tit. Incidents 34. Court-Baron is so incident to a Mannor and Court of Pipowders to a Faire, that they cannot be severed by grant, for if they grant the Mannor or Fair they cannot reserve such Courts.

7. Ed. 4. fol. 11. Lord and Tenant, the Lord releaseth to the Tenant the distresse, this is void, for the distresse is

Incident, the same of release of Fealty to him which holds by Homage, for Fealty is Incident to Homage and is in∣seperable.

26. booke of Assises 66 Lord and Tenant by Fealty, Escu∣age and Rent, and the Lord grants the Rent, this is Rent seek and severed, for Fealty remaines with the Homage as Incident to it, the same Law where a Rent is Incident to a Reversion, and yet these may be severed by speciall grant, 29. booke of Assises 20. the same, Littl. fol. 40. Where the Tenant holds by Homage Fealty and Rent, if the Lord grant the Rent, saving to him the Homage, this Rent is Rent Seck and severed, the same Law if he grant the Homage, saving the Rent, and where he holds by Rent and Fealty, and grants the Rent saving the Fe∣alty, or left for life rendring Rent, and grants the Rent saving the Reverson, the Rent is Seck.

Rescous and pound breach is another branch of the Charge.

HE which destraines Beasts may put them in a close House if he will give them meate, for the putting into the open pound is that the owner may give them meate, 33. H. 8. tit distresse 66.

If a man destraine without cause, the owner may make Rescous, but if he put them into the pound, he cannot breake it, for they are in custody of the Law, see 40. Ed. 3. fol. 33. and Fitzh fol. 102. E.

It seemes if a Lord destrain where Rent is not be∣hinde, the Tenant shall not make Rescous, 4 Ed. 6. tit. distress 74.

If a man destraine wrongfully, the owner may make Rescous, 5. Ed. 4. fol. 7. by Danby, 39. Ed. 3. tit 20.

If Beasts put into the pound dye, it is at the losse of the owner, though he have tendred sufficient mends, for he might have a Replevin, Doctor and Student, fol. 8.113.

I may impound a dead thing where I please, but if that corrupt by my default I shall answer for it, 9. Ed. 4. fol. 2.

Fitzh 102. L, If the Lord do destraine where is no Rent nor service behinde, the Tenant cannot make Res∣cous.

9. Ed. 3. fol. 35. If a man destraine wrongfully, the owner of the Beasts may make Rescous, but by 4. Ed. 6. it was agreed, if he destraine and impound them the owner cannot take them out, for they are in custody of the Law, 5. Ed. 4. fol. by Danby the same.

2. H. 4. fol. 18. If a man destraine my Beasts, which es∣cape into his Land out of the great waste, I may rescue them, but if I keep them, or put them there, or by Hank∣ford, if I have notice, that they use to go there, this is no escape, and there I ought not to make Rescous, see, 7. H. 7. tit. 1.

2. H. 4. fol. 24. In Rescous, nothing behinde, and also that he was never seised and are good Pleas, Que∣re.

5. Ed. 4. fol. 7. Seising is not Traversable in Rescous by opinion there, 6. Ed. 4. fol. 12. The same, 8 H. 4. fol. 1.

21. H. 4. fol 40. By the Court where the Lord comes to destraine and sees the Beasts, and the Tenant perceiving that, chaseth the distresse out of his Fee, the Lord shall not have a Writ of Rescous, for he hath no possession of the Beasts, but he may follow them and destraine them, but if they were chased out of his Fee before the Lord see them, there he cannot destraine them, 44. Ed. 3. f. 20. the same, Fitzh N. B. 102. G.

33. H. 6. fol. 58, A man attacheth a Horse in a corpo∣rate Town, and there he is rescued, and chased into ano∣ther County, upon fresh Suite the Officer may take him a∣gaine.

6. Ed. 4. fol. 12. By Yelverton, in Rescous, nothing behinde is no Plea, for if the Lord destraine, where no service is behinde, the Tenant is at no mischeife for the Tenant may have a Replevin, and in this Writ recover his damages.

Fitzh 101. Rescous lieth where a man destraines for Rent or for services or damage doing, and those would impound, and another Rescues them, and if a Collector or under Collector distreine for a fifteenth or a Bailiff or a Sheriff or other Officer distraine for the King, and Res∣cous is made, they shall have a Rescous and not the King,

but if a Bailiff of a Liberty distraine for the King and Rescous is made, the Lord of the Liberty shall have Rescous, and if the Bailiff or Officer of a common person distraine, Rescous is made, he which causeth the distresse to be made, shall have Rescous.

39. H. 6. fol. 42. Redisseisin to Coroners, and one a∣lone maketh a precept, Rescous upon that is Justifica∣ble.

Assaults and Fraies.

For that, that Assaults and Fraies are inqui∣rable, let us see which are punishable in a Leet, and what not.

AS Saults are not inquirable and punishable, by pre∣sentment in Leet, but blood-shed is, 8. Ed. 4. fol. 5. By Fairefax, Leet hath no power to inquire, but of those which make common annoyance at the common Law; as of Affraies and blood-shed, but not if one hath bro∣ken my Close, or if one hath beaten me, but if any Af∣fray were, so that the Kings People were disturbed, for that is more then particuler, 1 R. 3, fol. 1.

If one come to make a Boothe, and doth it not, and yet one maketh a Fray upon him, and upon him draw blood with his Sword or Dagger, it is punishable by presentment in Leet, 11 H. 6. fol. 29.

If one assault to beat you, and you fly and he inclose you, or if you be at Hedge or Ditch and then you beat him and wound him, this is not punishable in a Leet, 34 H. 6. fol. 8. and 33. H. 6. fol. 20.

If J. S. makes an Assault upon a Stranger, and J. D. draws his Sword and beats and wounds J. S. in defence of the Stranger, this is punishable by a presentment in a Leet. But if a Servant beat and wound one which maketh an as∣sault upon his Master in defence of his Master, he is not pu∣nishable by presentment in Leet, 12 H. 8. fol. 3. and 9 Ed. 4. fol. 51.

If one lay his hands unlawfully upon any, unlesse that he arrest him, or part two that fight, he is a trespassor, but that is not punishable by presentment in Leet, 9 Ed: 4. fo. 3.

If one beat one in defence of his Goods this is not pu∣nishable in a presentment in Leet, Booke of Entries fol. 553. and 19. H. 6. fol 21.

Trespss of Assaults and Fraies.

TRespass by a Chaplain of Grayes Inne, the Defendant pleads of his own Assault, and it was held, if he upon whom the Assault is made can escape with his life, it is not lawfull for him to beate the other which made the Assault, but it is held, that I ought not to stay, till the other hath given me a blow, for paradventure he commeth too short, 2 H. 4. fol. 9.10. Ed. 4. fol. 7. Trespasse of Grassetrod, and threatning of life and member, a man cannot justifie the menace of death, and for that to that he pleads not guilty, 21 H. 6. tit. 26. the same.

33 H. 6. fol. 20. Trespasse of Threatning by Prisot, I cannot threaten one of Life and Member, but if he upon whom the Assault is made fly, and the other followeth him so neere that he cannot escape, or hath him under him upon the Ground, or hath chased him to a Wall, Hedge, Water, or Ditch, there it is lawfull for him to say, if you will not depart that he to save his Life will kill him.

3 H. 4. fol. 8 Trespasse of Assault, Imprisonment and Battery, Defendant plead to the Battery not guilty, and to the Assault, that the Plantiff came to such a River; where the Defendant had a Mill, and would have stopt the River, and the Defendant took him by the Arme, with∣out that, that he made other Assault, and to the Imprison∣ment, the Defendant pleads that the Plantiff Assaulted him, and would have beate him, by which he prayed the Constable to arrest him, and he came in aid of him, judg∣ment if action and good.

22 H. 6. fol. 48. Trespasse of a Servant beaten and En∣try into his House, yeare 7 H. 6. Defendant saith that yeare 8 H. 6. he served a Subpena, upon the Plain∣tiff, and that the Plaintiff and the Servant took him, and carried him to his House and there deteined him half a day which is the same Trespasse, and to any Trespasse be∣fore not guilty, to the Battety of his Servant, which was of his Assault at another day and to any Assault before not

guilty. Bracton saith, he is not worthy of Peace, which will not keep it, Stamford fol. 30 a.

40 Ed. 3. fol. 40. Trespasse of Assault and Battery and found the Assault only, and Plaintiff recover, but shall not have action of Assault only, 42 Ed 3 fol 7 the same, and see 22 Assise 60.

9 Ed 4 fol 30 Trespasse of Battery, it was held that if a man will take my goods, I may lay my hands upon him, and rather beate him then suffer him to carry them away, 19 H. 6. fol. 33 the same, that he may beat one in defence of his Goods.

19 Ed 4 fol 189 Trespasse of Battery, a man may Justifie the beating of another in his defence but by Catesby a man cannot beat another in defence of his Son, but a Servant may beat one in defence of his Master or Mistris, 21 H 7 fol 39. the same.

Mortmaine.

Mortmaine is inquirable in a Leet, for that it is for the benefit of the King and in the Kings Court. What is Mortmaine within the Sta∣tute and what not.

WHere one Abbot aliens to another Abbor, or Bishop to another Bishop and his Successor, it is Mort∣maine, Fitzh fol, 222, D. 16, Assise 1.

VVhere Land is divised to one to pay twelve pound to finde two Chaplaines for ever to sing in the Church of Saint Albanes in Wood street for ever, if it be behinde, that the Chaplaine may distraine, that is Mortmaine, see 32, Ed, 3, 10, and 40. Assise 29.

J. S. deviseth certaine Land to his Executors, that they should provide a fit Chaplaine in the Church of D. to celebrate for ever, which Chaplaine, shall receive yearly out of the aforesaid Lands six markes, that is no Mortmaine, for nothing is divised to the Chaplaine, 4, Assise 27.43, Assise 27.

Foure Acres were devised to one in Fee, so that he and his Heires should pay yearly six pound for the main∣taining

of one Chaplaine to celebrate yearly for ever in the Church of Saint Leonards in Estcheape, and that the Rector for the time may levie it for ever, that is Mort∣maine, 43 Assise 33.

J. S. deviseth Land and two shillings Rent, for the maintaining of a Chaplaine in the Church of D. yearly to celebrate, and I will that my Executors should ordaine the aforesaid Chaplaine, and the Executors do nothing, therefore no Mortmaine, 43 Assise 34.

If a Villain of a Bishop purchase Lands in Fee, and the Bishop enter without license it is Mortmaine, 41 of Assises 4, Fitzh 224, B. 41, Ed. 3. fol 16.

If a Feoffment be made to the use of a Bishop and his Successors, it is within the Statute, De religiosis, and so it is where he takes profits, 8, Ed: 4. fol. 18.

A Bishop cannot appropriate an Advowson of which he is seised in Fee without the Kings license, and if he doth it is Mortmaine, Fitzh 223 H. see 21 Ed. 3. fol, 5. seemeth contrary.

If one let to a religious man for a hundred yeares, and so from a hundred to a hundred, during eight hundred yeares, this is Mortmaine, but it seemeth that a lease to a Religious man for eighty years or for a hundred yeares is no Mortmaine, but in the first case it is by colour of a Tearme, and Mortmaine 29 H, 8, Mortmaine, 39.

Lease for eighty years to an Abbot by Martin is Mort∣main, Quere, 4 H. 6. fol. 9.

The Tenant lets for life to J. S. the Remainder to a Religious and his Successors, the Lord need not to make claime till the Tenant for Life be dead, for if he in Re∣mainder will wave, this is no Mortmaine, for if the Te∣nant will make a Feoffment in Fee to the use of A. for life, and after to the use of a Religious man and his Successors, that is not Mortmaine, till the Tenant for life in use dieth, and he in Remainder takes the profits, 29 H. 8. Mortmain 37. Lord and Tenant.

Where one gives in Mortmaine, he ought to have li∣cense of the King to do it, and of the cheife Lord, other∣wise they may enter for Mortmain, and before the license there ought to issue out a Writ of (Ad quod damnum) to the King, but is used to omit that and to have the license, without any Writ of (Ad quod damnum) Fitzh 221, K.

Where an Abbot holds of J, S. by five shillings and J. S. releaseth to the Abbot, this shall go by extinguishment, and for that it is no Mortmain, 22 Ed. 3. fol. 22.

47 Ed. 3. fol. 10. If alienation in Mortmain be, and the A∣lienee is disseised, and the Disseisor dieth seised his Heir is in by discent, yet the Lord may enter within the year, for he hath but a Title of entry and cannot have an action, but contrary of him which hath a Right of Entry and may have and Action.

39 Ed. 3. fol. 38. Lord and Tenant, the Signiory is granted to A. in Taile, the Remainder to B. in Taile, the Tenant Alien in Mortmaine, the first Tenant in Taile cannot enter within the yeare, and after the second Te∣nant in Taile dye without Issue, and B. in Remainder enter within halfe a yeare, and held that he could not, for the Tenant in Taile and he in Remainder have but one Sig∣niory, and are but one Lord, and both shall have but one yeare by the Statute.

Fitzh 223 E. If a man will exchange Land with an Abbot or other body corporate, that is Mortmaine, and he ought to have a License.

Fitzh 222 If an Abbot give Lands to another Abbot or a Corporation it is Mortmaine, and ought to have a Li∣cense and (Ad quod damnum) shall be sued, and see the (Ad quod damnum) 221. R.

48 Ed. 3. fol. 29. Abbot purchase Lands with warranty by License, and is impleaded and vouch, &c. and Judg∣ment is given against the Abbot, and he recovers over in value, it is not Mortmaine for the Lands recovered in va∣lue, and he ought not to have license of the Lands reco∣vered in value, for the first license serves in that, see, 45 Ed. 3. fol. 18. Where an Abbot recovers in value.

9 H. 6. fol. 9. If an Abbot have Rent out of my Land, and I grant to him that he may distraine for the same Rent in other Land, this is no Mortmain, for he hath no∣thing but ancient Rent, and for that it is no Mortmain.

3 Ed. 4. fol. 14. By Laicon the Statute of Religious, holds place of common and Rent charge, which is no Land nor Tenement, and yet the words of the Statute are Lands and Tenements.

25 H. 8. tit 37. Lord and Tenant, the Tenant lets for life to J.S. the Remainder to an Abbot and his Successors;

The Lord need not to make claime till the Tenant for life be dead; for if he wave the Remainder it is no Mortmain; and held that the Appropriation of an Advowson without licence is Mortmain.

Fitzh: 211. The King may give licence to his Tenant to alien in Mortmain; for he may dispence with the Sta∣tute, but a common person cannot, but the King and the Mesne Lords may give licence to a Tenant to alien in Mortmain; for the Statute was made for the advantage of the Lords, and they may dispense with it.

Treasure Trove.

TReasure hid in the ground, and found, belongeth to the King; and if it be found in the Sea, it is to the finder, Britton, fol. 26.

He to whom the property is shall have Treasure found, because it belongeth not to the King, unless when no man knoweth who hid the Treasure, Statham, Tit. Coron. and 22 H. 6. Coron. 446.

Punishment of taking Treasure found, is not of life and member, but shall be by Imprisonment and Fine, Statham, Tit: Coron. and 22 Ed. 3. Coron. 265.

Treasure found belongeth to the Lord the King, and not to the Lord of the Liberty, unless by special words in the Deed of the Liberty contained, or by prescription, Statham, Tit: Coron. and 8 Ed. 2. Coron. 436.

Treasure found, is a certain old hiding Money or other Mettall, of which there appeareth no memory, so that now it hath no Owner; therefore all such Treasure is no mans proper Goods, and by the old Law it was the finders; but now by the Law of the People, it is made the Kings; Stam∣ford, fol. 39.

Fstrey.

WHere the Lord hath by a year and a day a Beast, and it be cried in the Church, and in the Market, the property is changed, 39 Ed. 3. fol. 3.

A man cannot intitle him to an Estrey, till the year and

the day be past, for he to whom the property is, may take him within the year: but Statham seemed he could not take it, without agreeing for his meat, 31 Ed. 3. Estrey, 4.

Detinue, Issue if sufficient was tendered for his meat be∣fore claim, or not, 44 Ed. 3. fol. 14.

Young Swans may be taken for a Stray, and Proclama∣tion made in Fairs and Markets, 7 H. 6. fol. 29.

If the Owner do not come within a year and a day, and be proclaimed in Markets and Parish Churches, then the property remains to the Lord, Britton, fol. 26.

One justifies to have a stray in his Mannour, (according to the custome used in the Kingdom of England) he pro∣claimed them in two Markets, scil. in D. & S. on the Mar∣ket days; Brook, Estrey, 10.

If one have a stray by three quarters of a year, and af∣ter that strays, and another happens it within his Man∣nour, the second shall not have it, for he hath no property untill the year and day, and Proclamation, 33 H. 8. Estrey, 11.

If a man have a Weif or a Stray by prescription, and an∣other taketh that out of his Mannour, he shall have Trespass, though he did not seise them before. Fitzh. fol. 91. B.

One cannot take the Kings Beasts for a stray, though they were within the Mannour by two years, 39 Edw. 3. fol. 4.

If one hath taken a stray, and doth not proclaim it, the Owner may take it again, though he comes to claim it after a year and a day; Britton, fol. 26.

Book of Entries, One which justifies for a stray shall make prescription, that is to say, That according to the cu∣stome in the Kingdome of England used, he proclaimed them in two Market Towns, scil. in D. & R. and so it seem∣eth, that an Estrey shall be proclaimed in two the next Mar∣ket Towns upon Market days; and yet it seemeth that Strays shall be proclaimed once in the Church, and twice in the Markets.

Waife.

Where Goods waived are seised by an Officer, the party shall not have them again without fresh Suite, and sue an Ap∣peal, and now upon an Indictment give that in Evi∣dence.

BY fresh Suite the first Owner shall re-have his Goods, which were stolne and waived, if he make fresh Sute, and bring an Appeal, 21 Ed. 4. Tit. 16.

Trespass, the Lord justifies, for that they were stolne and waived, the Plaintiff may say, that they were not stolne, or they were not waived, 12 Ed. 3. fol. 5.

Goods waived, the Owner may seise them twenty years after, if the Lord of the Franchise, nor the King seise be∣fore: but if they are seised, yet if he bring an Appeal, and make a fresh Suite, he shall have them again, 21 Edw. 4. Tit. 16.

Detinue, the Defendant as Lord justifies, that he took those as waife, and good, 10 H. 6. fol. 22.

If one have a Waife, and it be taken out of his Mannor, he shall have Trespass, without seising; and though he do not seise them; Fitzh: fol. 91.

Waifes and strays not claimed within the year and day, are the Lords, Britton, fol. 26.

Where Goods are waived, and the Lord seises them, the property is changed, that the Owner shall not have them without suing an Appeal, notwithstanding by the 21 of H. 8. chap. 11. Rastal Restitution 2.

If he give Evidence to the Jury upon the Indictment, he shall have Restitution, Brook Estray 8

If a man be robbed, and make fresh Suite, he shall be restored, notwithstanding that he which hath waived hath seised them before, 7 H. 4.44.

If he make fresh Suite after the Felony, he shall have his Goods again notwithstanding, that they were waived and seised; and there ought to be an Appeal sued, and so to have them when they are seised, Stamford, fol. 186. A.

Authority of the Steward.

Then let us see the Authority of the Steward, and also of the Court Leet.

THe Steward may make his Precept by word to the Bai∣liff to distrain, and it is good, 16 H. 7 fol. 14.

If a man refuse to be sworn of the Jury, he shall be fi∣ned, and the Steward of the Lord may commit him to Prison, till he hath paid his Fine, or amerce, or distrain him for that, 31 H. 6. Leet 11, Quere of committing a Te∣nant to Prison, for in Magna Charta chap. 29, is, no man shall be taken, &c.

The Steward may cause a stranger which cometh within the precinct of the Leet, to be sworn to inquire in the Leet where he hath not sufficient residence, and the Lord may sell the Distress taken in that, for that it is the Kings Court, 3 H. 7. fol. 4. 11 H. 7.14. the same, and 21 H. 7. fol. 40.

The Steward is Judge in the Court Leet, and in Court Baron the Suitors, unless all the Suitors be Copy-holders: and then I intend they are no Judges but the Steward, for that they have but a base Estate, and the Free-hold is in the Lord, 12 H. 7. fol. 17.6 Ed. 4.3.

Note that where a false Judgement is sued, the Suitors are called Judges to certifie, &c. but yet the Steward ought to be skilled in the Law, and of matters in Law, it seemeth he shall give Judgement, and not Suitors, for Actions and mat∣ters in Law, and yet it is (before the Suitors) and though ignorant persons in Law rule in Court Barons, and Liber∣ties, that ought to be by them skilled in Law; and when there is a Liberty and Court granted to a Mayor, that is held by their Recorder or Steward which is intended to be skilled in the Law, otherwise it seemeth a cause to re-seise it, so that an ignorant person cannot meddle in matters touching the Law.

The Steward may send a Prisoner taken for Felony to the Gaol, 13 H. 4. fol. 12.

The St. is Judg of Rec. & may assess a Fine for contempt

made in a Leet, and the Lord shall have Debt for that, 7 H. 6. fol. 13. 10 H. 6. fol. 7.

Leets are appointed for the Common-wealth, * 1.115 as for pre∣servation of the Peace, and for that they are Courts of Record, Fitzh: fol. 82. in the beginning.

It is said, that a Leet is a Court of Record, 21 H. 7. fol. 33.

Tenants in a Leet may make by-laws, 11 H. 7. fol. 14. & 21 H. 7. fol. 40.

The Seneschall of the Leet may compell the Suitors to swear, but otherwise it is in a Hundred, 39 Ed. 3. & 44 Ed. 3.15. Leet 6.

Where one hath a Leet, he hath but the Amercements, and the day is to the King, and for that the Steward repre∣sent the person of the King, 41 Ed. 3. fol. 27.

Suite at the Leet is called Suite reall, for that, that that is the Kings Court, 45 Ed. 3. fol. 23.

If the Steward of the Leet command the Bailiff to im∣pannell a Jury to inquire for the King, upon pain of forty pounds, and he refuse to do it, he may put upon him the pain of forty pounds, and at the second time fifty pounds, or more: and note, that upon all pains the Lord may have an Action of Debt, 7 H. 6. fol. 13.

23 H. 8. Tit. 34. Debt lieth for pain, for not amending an Annoyance, and for Usage: Distress.

If the Jury will not present the Defaults in a Leet, of which they are informed, the Steward may assesse a Fine upon them, 10 Ed. 4. fol. 4.

If any Suitor, present in Court, refuse to be of the Jury, or if any make another such Contempt, or any Con∣tempt or disobedience in Court Leet, the Steward may set a Fine upon him without affirming by Affirors: but when one is amerced that shall be affirmed by Affirors, 10 H. 6. fol. 7.

When the Steward sets a Fine upon a Suitor in Court Leet, or other person, for his mis-demeanour, this is cal∣led a Fine, and not an Amercement, and is not traversa∣ble, 7 H. 6. fol. 13.

Judge of Record.

For that the Steward is a Judge of Record in Leet, it is expedient to see, what a Judge of Re∣cord, and one by him may do, and what not.

IT seeemth that a Justice of Peace ought not to make a Precept to arrest one for Felony, but if he doe (for that he is a Judge of record) the Bailiff that serves that is ex∣cused, for he cannot argue his authority, no more may the Sheriff argue the authority of the Justices, 14 H. 8. fol. 18.

9 Ed. 4. fol. 3. A Justice of Peace may arrest a man for suerty of the Peace by his discretion, and though he suffer him without a suerty, the party shall not punish him for that he is a Judge of Record.

9 H. 6. fol. 60. Action of the case doth not lye against a Justice of Record supposing he hath made a fall Record, or that he hath caused false Entry to be made; contrary against an Office, as against an Escheator for return∣ing a false Office, or against a Sheriff, for they are Offi∣cers of Record and not Judges.

12 H. 4. fol. 3. If a Judge of Record award one to Pri∣son without cause, he shall have no action against him, yet a Judge of Record; as a Justice of Peace hath been pu∣nished in the Star- Chamber, for misdemeanour, and so may the Steward of a Leet, and so such a Judge of Record, for not regarding his Oath, as Maiors, Bailiffs, &c.

21 H. 7. fol. 22. If a Capias issue our of a Court of Re∣cord to the Sheriff where is no Originall, yet this excu∣seth the Sheriff, but if the Servant of the Sheriff arrest one by processe made out of a Capias, and returne his processe, and the Sheriff do not return his Capias, false Imprison∣ment lies against the Servant, Fitzh. 21. B. one cannot assigne Errour, that the Jurors gave verdict for the Defen∣dant, and Judges enter that for the Plantiff.

Presentment in Leet.

Now let us 〈◊〉〈◊〉 what presentment in Leet is tra∣versable and what not, and it seemeth where that toucheth a Free-hold is traversable, and otherwise not.

PResentment in Leet by 4: and not by 12. That one hath dwelt within the Leet not sworn, &c. it was Traversed, but it seems if it were by 12. it shall not be traversed, but shall have recovery by Writ of false presentment, 5 Ed. 3.26.

A thing presented in Leet is as Evangelist, if it passe the day in which it is presented, but the same day you may have an action of false presentment against the Jurors, and after without recovery, 21 Ed. 3. Tit. Barr. 271.

Presentment in Leet which toucheth Free-hold is tra∣versable, and other presentments not, 19 H. 8: fol. 11. and 41 Ed. 3 fol. 27. the same.

Presentment in Leet which toucheth a Free-hold may be removed and traversed, and every Presentment before Justices of Peace is traversable, 5 H. 7. fol. 3. and 6 H: 7: fol. 2. the same.

Presentment of blood spilt is not traversable, for that doth not touch free-hold, 2 R. 3.12.

If the presentment be not in a Leet, of things there presentable, afterwards they shall be pre∣sented, as it followeth.

IF Presentment be not in Leet of things presentable there, then they shall be inquired and presented in Turne, and if not there, then in the Kings Bench, 41 Ed. 3. fol. 27.

If things Presentable are not presented in Leet, they shall be presented in Turne, and if not there, before the Justices in Eyre, and if not there, in the Kings Bench, 10 H. 4. fol. 4.

Then let us see, what remedy the Lord shall have for Amerciaments in Leet, and what recovery for a Fine, and what upon paine or by-Law, and it seems that for Amerciaments he may di∣straine and for Fine Assesse, and by-Law bro∣ken shall have a Debt or Distresse.

Amerciaments.

FOR a Fine reall he cannot distraine, but Amerce, and by prescription distraine, and this is now in use in every Mannor, and for Suite-Service distraine with∣out doubt, 12 H. 7.15.

One may prescribe to distraine for Amerciament in Law-day for it is incident, 9 H. 7.22.

He may in Leet Amerce and distraine for that, 8 H. 4. Tit. 15.

A man may in Leet Amerce for annoyance, and distrain for it, 19 Ed. 3. fol. 36.

One was Amerced in Leet for stopping in the High way, and his Horse in anothers keeping was destrained for it, 47. Ed. 3.12.

The Lord may sell the Distresse taken for an Amercia∣ment in Leet, as the King may sell the Distresse, for that it is the Kings Court, 3 H. 7. fol. 4.

If Amerciament in Leet be agreed, the Lord may di∣straine without notice by Finch, and by Wich it is good Plea, that the Tenant would have paid if he had had no∣tice, 45 Ed. 3. fol. 9.

The Lord cannot distraine for Amerciament in Leet, in a place seised into the Kings hands, for debt to the King, for this is priviledged during the time, 47 Ed. 3. fol. 12.

Of common right the Lord may distraine for Amercia∣ment in Leet, and for that need not to prescribe, 10 H. 7. fol. 15.

The Lord may distraine for Amerciament for an∣noyance in the high way, or for making Hedges cross the street, and avow for that, 4 Ed. 3.10. Avowrie 161.

The Lord may not distraine the Horse of another in the Inne of him Amerced, nor the garment of another in a Taylors shop, where the Taylor is Amerced, 10 H. 7. fol. 21.

If one refuse to be sworn, or make any other contempt in Court, the Steward may assess a Fine upon him, and the Lord may distraine for that, 13 H. 6. Leet 11.

For a Fine assessed by the Steward for a contempt in the Court, the Lord may have debt, 10 H. 6. fol. 7. and 7. H. 6. fol. 13.

If a paine of ten pound presented in the Leet to be bro∣ken, the paine shall not be otherwise acertained, and the Lord for that shall have an action of Debt, but he cannot distraine and make avowrie but by prescription; but it is now used in every Mannor to distraine, as I think, 32 H. 8. Tit. 37.

The Lord may have Debt for Amerciament assest in Court-Baron, 12 R. 2. Statham fol. 62.

It seems the Lord shall have Debt for releife, and cleer∣ly the Executors shall have Debt for releife, 32 H. 8.20.19. H. 6. Tit. 11.

Moderata miserecordia, doth not lye where a Fine is al∣sessed by the Steward for contempt in Court, nor where A∣merciament is assessed, but where Amerciament is not confirmed that lieth if it be too high, Fitzher. fol. 72. C.

If one be amerced in the Sheriffs Turne, the Sheriff may distraine throughout all the County, and if it be in a Leet, thoughout all the precinct of the Leet, 8 R. 2. Avowrie 194.

The Lord may distraine in the high street for Amercia∣ments in a Leet, 34 Ed. 2 and 19 Ed. 2. Avowrie 221.

Debt lieth for the Lord for a Fine assest in Leet by the Steward, for not returning the Pannall, or for other con∣tempt, and it is good without confirming, 7 H. 6. fol. 13. tit. 233.

For Amerciament in Leet, it seems one may take goods of another in the keeping of him which is amerced, yet see how Issue was taken, that it was not the Horse of Prior Tindall which was Amerced which was taken, 47 Ed. 3. fol. 12.

For not ch••ansing of a Ditch by the Predecessor of a Par∣son,

Successor shall not be punished for that Offence, the same Law of Father and Son, 5. H. 7. fol. 3.

Distresse.

Where one may distraine, and what thing.

ONE lifted a Mill-stone off the stock, to be picked on the floore, it is not so severed, but that it is parcell of the Mill, and cannot be distrained, and so it is of Win∣dowes and doores, 14 H. 8. fol. 29.

10 H. 7. fol. 21. You cannot distraine the garment of a∣nother man in a Taylors shop, 21 Ed. 4. fol. 49. the same.

9. H. 6. fol. 9. The Lord cannot distraine for his Rent, but in Lands held of him, but the King may.

8 R. 2. tit. Avowrie 192. If one be Amerced in Leet, the Lord may distrain in any place within the Precinct of that, and in the Turne of the Sheriff in any place within the County.

34 H. 8. tit. 253. During the possession of the King, the Signiory of another is suspended touching the Di∣stress.

5 H. 7. fol. 15. If one be Amerced in a Leet, and another takes his leather from him, and makes of that Boots and Shooes, yet these Bootes and Shooes may be di¦strained for this Amerciament within the Precinct of the Leet,

21 H. 7. fol. 13. The Lessor cannot distraine Fats fixt by his Lessee for a dying Pan, and though the Lessee may re∣move them during his Tearme.

21 H. 7. fol. 26. Glass fixt by the Termor, the lessor can∣not distraine for his Rent as it seemeth, and the Lord can∣not distraine Tables dormant in the House of his Tenant, nor a thing which cannot be attached in an Assesse.

21 H. 7. fol. 41. The Lord cannot distraine Shocks of Corne for his Rent, but doing dammage he may.

27 Assises 66. One cannot distraine in a Sanctuary, if it be not for Issues for the King.

6 H. 4. fol. 11. One may arrest the Vicar in the Church by a Capias, notwithstanding the Statute, 1 R. 2. For that is intended he shall not arrest him saying Divine Service.

13 H. 4. fol. 42. If one proffer sufficient amends for wrongs which they have done, one cannot distraine and avow that.

Marlebridge chap. 2. That no Lord may distraine out of the fee.

Marlebridge chap. 1. None shall make Distresses at his own will without the consideration of the Kings Court.

Marlebridge chap. 15. It is not lawfull for any to make Distresses out of their Fee, nor in the Kings way, or in the common street, but for our Lord the King, and for his Ministers, having speciall authority from him.

In what place a Leet shall be kept, and at what time.

A Leet by the Statute shall be held but twice in a year, that is in the Moneth of Michaelmas and in the Month of Easter, by the intent of the Statute of Magna Charta, c. 35.

Presentment in Leet held foure daies after the Moneth is voide, 6 H. 7. fol. 1. and 38 H. 7. the same.

One may prescribe to hold a Leet at a day certaine, though it be not within the Moneth, and good, for it seems that Magna charta, is but Common Law, otherwise he can∣not prescribe against a Statute, unlesse he have another Statute for the same, and if he hold that any other day it is voide, which makes in a Leet, 33 H. 6. fol. 7.

By Brian, Leet shall be held in any place within the Precinct of the Lord-ship, where it pleaseth the Lord, for it is the Court of the King, as the Kings Bench wheresoever it is, &c. 8 H. 7.4.

Twelve shall be of the Jury in a Leet, otherwise the Presentment there are all traversable.

THere shall be at least twelve in a Turne, * 1.116 and Turn and Leet are all one, Westminster 2. chap. 13.

Every Indictment and Presentment in Leet, shall be by twelve men at least, 6 H. 4. fol. 1.

Presentment that one had dwelt within view of Frank-Pledge by a year and a day not sworn, &c. if it be not by twelve it is traversable, and if it be by twelve, it is not traversable, 45 Ed. 3. fol 26.

If there be not twelve to be sworne, the Lord may cause strangers to be of the Enquest, 3 H. 7. fol. 4.

By-Lawes.

For that, that By-lawes are made many times in Leets, som∣thing shall be said of By-lawes, and I intend that By∣lawes which are for the Common-wealth, shall binde all, and other By-lawes shall binde but those that assent.

WHere a By-law is for a Common-wealth, it is good to binde all, though all do not agree, as to make a Causey, Way, or Bridge; but By-law to repaire a Church is a Charge, for that it shall not binde but those that as∣sent, 44 Ed. 3. fol. 19.

It is said, that Tenants in a Leet may make By-lawes, for that it is the Kings Court, which shall binde them by their assents, and a Town may make By-lawes by prescrip∣tion, and that shall binde them, but not a stranger, as By∣law, that every one which puts in his beasts into the Com∣mon before, &c. shall pay ten shillings, this shall binde them which assent, but not a stranger, 13 H. 8. Leet 37.11. H. 7.14. & 21. H. 7.40. the same.

If a Town be amerced, and neighbours assess a Summe of every Inhabitant, and agree to have I. S. to di∣strain for it, the distress is lawfull, Doctor & Student, fol. 74.

Where the greatest part of a Town agree to a By-law, which was charged, that then it is good against them all, 8 Ed. 1. Assise 413.

By-law, that every one which holds land shall pay to the reparations of the Church one penny, and for not pay∣ing shall forfeit to the Lord twenty pence; it is not good, for the Lord hath no damage, but the Church-Wardens, and for that it shall be forfeit to the Wardens, &c. but where a By-law is for a Common-wealth, I intend for not

doing shall be a forfeiture to the Lord, and this is good, 21 H. 7. fol. 20.

One cannot prescribe to make Lawes to alter inheritan∣ces, 49. Assise 8.

Inmates.

Though it be not specified in our Law who are Inmates, and who not, nor any remedy provided against them, but onely which have been used to avoid them by By-lawes made in Leets, yet it is not impertinent to see who hath been ta∣ken in Law an Inmate, and who not.

IF one let part of his house in which he dwells to a Gentleman which keeps not his table there, but goeth to victualling-houses for his victualls, but yet hath certain rooms in the house, that is no Inmate: Also if one keep his daughter married, and her husband by Covenant, or otherwise, and suffer them to have certain rooms in his house, these were not accounted Inmates, and these shall not have Common.

But if a man have a house, and let certain rooms of that to another to dwell with him, he hath been accounted an Inmate, unless he be of ability to live, and shall not have Common in the Lords Waste or Feilds: But if one take one to table, or to sojourn with him in his house, and let him certain rooms, he is not accounted an Inmate, and he shall not have Common.

Also if the Inheritor of a house let a certain parcell of his house in which he dwells, and severeth that from the o∣ther part, and make severall doors to the high street, it is now as two houses, and is not accounted as an Inmate, but he shall have no common, otherwise it is if they have but one door to the high street, for then it is accounted an Inmate, unless he be a sufficient person to live of his Lands of himself, or by his Art or Trade, so that he be not a poore Labourer; but at this day some take Inmates more strictly, and in times past, none were punished in Leets by paines ordained in Leet, but idle and bribing persons, which were common breakers of hedges, and o∣ther bribers which live in others houses idly, or live su∣spect.

The Oath of the Reeve, or Bayliffe.

YOu shall sweare, That you shall well and truly serve our Lady the Queen, and the Lord of this Mannour in the Office of Reeve, or Bayliffe of the Mannour for this year to come, and you shall well and duly collect all such Rents, Revenues, and other annuall Profits as shall be chargeable, and issuing out of the same Mannour to you: And of that you shall make and give a lawfull account at the end of the same year, and in every other thing be∣longing to your Office, well and truly to discharge in your Office during this year to come. So help you God, &c.

The Oath of the Greve, or Hayward, or Beadell.

YOu shall swear, That you shall well and truly serve the Queen our Soveraign Lady, and the Lord of the Mannour, in the Office of Greve, Beadell, or Hayward of this Mannour for this year to come, and you shall duly and truly execute all such Attachments, and other Proces∣ses, as shall be directed to you from the Lord or Steward of this Court, and you shall present all Pound-breaches which shall be made within your Office, and also all Cat∣tells, Strayes, and Waifs, and in every other thing, well and truly hold you in the same Office. So help you God, &c.

Oath of a Desiner.

YOu shall swear, That you I.S. from this day forward shall be faithfull and loyall to our Soveraign Lady the Queen, &c. and to her Heirs, and shall keep unto her faith and loyalty of life, and of member, and of earthly ho∣nour, and that you shall not conceal any ill or damage in∣tended towards them, nor hear any ill of them which you shall not defend them in, to your uttermost power. So help you God, Britton, fol. 74. gives that.

Oath of Affirors.

YOu shall swear, That you will well and truly tax, as∣sess, and affier all the Amerciaments presented in this Court, and in doing of that, you shall not spare any for love, feare, nor affection, nor raise, nor inhaunce any more greivous, then shall be reasonable according to their deserts made, and not more, nor less, nor for envy, nor for love assess or affier, but upon every one severally, according to the quantity of their offences made, and not otherwise. So help you God, &c.

Oath of the Fealty.

YOu shall swear, That you shall be faithfull and loy∣all, and loyally and faithfully shall carry your selfe to the Lord of this Mannour, for the Lands and Tene∣ments which you claim to hold of him, and you shall well and duly pay to the Lord of this Mannour, and his Heirs from time to time, all such Rents, Duties, Customes, and Services, that you ought to pay, and make for the same Lands at the times appointed. So help you God, &c.

Oaths of the Aletaster.

YOu shall swear, That you shall well and truly serve our Soveraign the Queen, and the Lord of this Court, in the Office of Aletaster, or assise, within this Lordship for this year to come, and you shall well and duly see from time to time, that the sale of bread (brought to be sold) be duly weighed, and that it contain such weight ac∣cording to the prizes of grain, as by the Statute is provi∣ded, that is to say, according to the prizes of Corn in the next Markets. Also you shall have diligent regard du∣ring the time of your Office, to all the Brewers and Tiplers within your Office, that they and every of them make good and wholesome Ale and Beer for mans body, and that they do not sell any before it hath been tasted by

you, and then to be sold according to the prizes limited and rated by the Justices of Peace, and all defaults com∣mitted and done by the Bakers, Brewers and Tiplers, or by any of them, you shall present at the Court here, by which punishment may be ministred unto them for their offences, and in every other thing you shall well and truly behave your selves in your Office for this year. So help you God, &c.

The Oath of the Constable.

YOu shall swear, That you will well and truly serve the Queen, and the Lord of this Lawday, and you shall in∣deavour that the Peace of our Soveraign the Queen, well and truly according to your power, be kepr, and you shall arrest all which you see making Riots, Debates, or Frayes, or breaking the Peace, and you shall well and truly indea∣vour your selves according to your knowledge, that the Statute of Winton for Watch, Hue and Cry, and the Sta∣tutes made for the punishment of sturdy Beggers, Vaga∣bonds, Rogues, and other idle persons coming within your Office, that the Offenders be punished; and you shall in∣deavour your selves upon complaint to you, to apprehend Barretors, and riotous persons making Frayes, and also apprehend Felons, and if any of them make resistance, with force and multitude of Offenders, you shall make out-cry, and pursue them till they are taken, and you shall look to such persons as use unlawfull Games, and you shall have regard to the maintenance of Artillery, and you shall well and duly execute all Processe and Warrants sent unto you from the Justices of the Peace of the County, and you shall make good and faithfull presentment of all blood∣sheds, out-cries, affrayes, and rescues made within your Office; and you shall well and duly, according to your power and knowledge, do that which belongs to your Of∣fice of a Constable to do, for this year to come. So help you God.

Constables.

And for that that the Constable is here chosen and sworn, that is inquirable here if he do his Office, and for that let us see what authority a Constable hath, and what he ought to do.

AT the Common Law before the making of the Sta∣tutes by which Justices of the Peace were ordained to keep the Peace.

The cheif Justice of England was appointed by the King, and he hath authority, and he was ordained to de∣termine matters touching the Crown, and for conservation of the Peace throughout the Realme, and he for that is the cheife Justice of the Peace.

Also by the Common Law before there was any Justice of Peace, Constables of every Town were keepers of the Peace within their Townes.

If any be threatned upon complaint to the Constable, he may inforce the party to put in a Suerty, and if he do not, commit him to prison till he hath found a Suerty, 4 Ed. 3. Barr. 102.

If any be strucken and in perill of death, the Constable ought to arrest the Offendor, and to keep him in Prison till it be known if he will live or dy, or till he have found Suerties to appeare before the Justices at the Goale-deli∣very.

If Felons or Murderers be in a Town, and the Consta∣ble hath notice of that, it is his Office and duty to raise People to take them, 1 R. 3. chap. 3. And if any Felon be taken it is the Office of the Constable to carry him to the Goale, and to cause others of the Town to assist him in so doing.

Constables were ordained for two intents, that is, to keepe the Peace, and also to apprehend Felons, and to take suerty by obligation of such persons, that they finde making Affraies.

Constables may arrest men which go or ride armed be∣tween Faires and Markets, * 1.117 and take their Armor as for∣feit to the King, 2 Ed. 3. C. 3.

Constables ought to arrest such which go by night of

whom there is Suspition, and deliver them to the Sheriff, * 1.118 there to remain in hold, and also all suspected persons either by day or by night are to be delivered to the She∣rift, as above, by 5 Ed. 3. chap. 64.

Constables have power to examine Vagabonds, * 1.119 and to compell them to finde suerty for their good behaviour, and if they cannot finde suerties, to commit them to the next Goale, by 1 R. 2. chap. 5.

Constables may arrest Servant laborer vagrant, unlesse he have a letter containing the cause of his going, and the time of his return under the Kings Seale, and may set him in the Stocks, till he have found suerties to serve, by 12 R. 2. chap. 3. * 1.120

Constables have power to commit every one using un∣lawfull Games, and to keep them till the Offendors be bound in an obligation to the use of the King, that he shall not use unlawfull Games, by 6 H. 8. chap. 2.

Constables upon complaint may arrest Boate-men and Water-men which take more then is appointed for them to take, and commit them to Ward for their misdemeanor, * 1.121 and to fine for the same, by 6 H. 8. chap. 7.

Constables have power to commit Beggers to the stocks, * 1.122 which Offend, by 22 H. 9. chap 12.

Constables ought to convey Rogues taken within their office to the next Constable, that they might be conveyed to▪ Prison, upon paine of six shillings eight pence for every offence, by 14 Eliz. chap. 5.

Also if a Constable do not make search every Moneth for unlawfull keeping of Games, and for unlawfull play∣ing if occasion be, and present the same, he shall forfeit forty shillings.

The Constable is the keeper of the Peace, that is to say, The high Constable for the Hundred, and the petty Con∣stable in the Town, 12 H. 7. f. 38.

Constable may arrest one to finde suerty of the Peace, and if he will nor obey, he may take power to inforce him, and one may Justifie that commeth in aide of the Constable to arrest one that makes an assault, 3 H. 4. fol. 10.

Constable may arrest one which makes an Assault, though it be of himself, 5 H. 7. fol. 6:

Constable was ordained to keep the Peace, and may

take suerty for the Peace by bond of one, if he be found making a Fray, 10 Ed. 4. fol. 18.

Constable may arrest one which makes a Fray and car∣ry him to the next Goale till he finde suerty for the Peace, but not imprison him in his House, or put him in the stocks, unlesse it be in the night, that he cannot carry him to the Goale, for any other reasonable cause, 22 Ed. 4. f. 35. by Brian.

Constable may search for suspitious persons, and may ar∣rest Night-walkers, 2 Ed. 4. f. 9.

Constable may search suspitious bawdy houses, where Women of ill fame are, and may arrest suspected persons which walk in the night and sleep in the day, or keep suspi∣tious company, and if he be not of power to arrest them, he may have aid of his Neighbours by the Law, 3 H. 7. fol. 10. that he may have aid, 13 H. 7. fol. 10. Title re∣cognisance 14 Brook.

Constable cannot take a Recognisance to keep the Peace, but an obligation.

38 H. 8. tit. False Imprisonment 6. It is said, that one cannot arrest for a Fray after it is done, without a War∣rant, but before it be done, or whilest it is a doing he may.

5 H. 7. fol. 6. Trespasse of Imprisonment; the Defendant saith that he was Constable, and for that the Plaintiff made an Assault upon him and broke the Peace, he took him and carried him to the Goale to preserve the Peace, 21. H. 4. fol. 21.

10 Ed. 4. fol. 20. Stocks are ordained properly to pu∣nish Vagrants and Servants for wages, see, 7 H. 4. chap 17.

Britton fol. 17. None shall be put in Irons but those which are taken for Felony, or for Trespasse in Parkes or Chases.

West. 2. chap. 39. For resistance where a processe is to be executed, that Statute gives aid and opwer of the Coun∣ty against them which make resistance.

3 H. 7. fol. 1. It is held there that the Constable may take the power of the County where there is a Fray, and specially to take Felons.

For that, it is the Office of a Constable to see that Watch be kept, let us see how a Watch may be.

THe Watch ought to begin at the feast of Ascention, and ought to be held till Michaelmasse all the night, from the setting of the Sun to the rising, and in every Ci∣ty six shall be at every Gate, and in every Town they ought to watch twelve men, and in every Village six men, or four, according to the number of the Inhabitants of the Village; and if any stranger be arrested in the Watch, he shall be kept untill the morning, and if they finde suspition in him, he shall be delivered to the Sheriffe, and if no suspition be in him, he shall go free, and if any will not obey the Arrest, they ought to raise Hue and Cry, and for arresting such a stranger none shall be punished, 13 Ed. 1. chap. 3.

Every one may arrest Night-walkers which go by the way, for it is for the common profit, * 1.123 4 H. 7. fol. 18. & 5 H. 7. fol. 5. the same.

Entry of Court Leet.

The view of Frank Pledg, * 1.124 there held on Thursday the 20. day of October, in the year of the the Reign of Queen Eliza∣beth, by the Grace of God of England, France, and Ire∣land, Defender of the Faith, &c. the 21.

RObert Martin by John a Style Essoyne of Course, * 1.125 and so the others Essoyned.

Jurors.* 1.126

• ...John Dee,
• ...Richardus Ree,
• ...John Penn,
• ...William Fenn,
• ...John Hye,
• ...Thomas Pye,
• ...John Myles,
• ...Thomas Gyles.

Jurors.

• ...William Neile,
• ...John Snell,
• ...William Riggs,
• ...Thomas Rich,
• ...Richard Cooke,
• ...John Turke,
• ...Richard Leake,
• ...John Peak.* 1.127

First the Jury aforesaid say upon their Oath, That R.S. &c. at Islington within the Jurisdiction of this Court, as a

Felon of the Queen, did make a hundred gold Angels, and three hundred Groats, * 1.128 falsly and feloniously (having not first gotten the Queens Letters Patents) against the Peace of our said Lady the Queen, and her Crown and Dignity, and against the forme of the Statute in this case provided and Published.

Also they present, * 1.129 That one Tho. de I. predict Yeoman, such a day, &c. at I. within the Jurisdiction of this Court, by force and armes, &c. willingly and feloniously (of pre∣tended malice by him) did burn the house of one J.S. a∣gainst the Peace of the Queen, therefore the Bayliffe is commanded to seise all his Lands and Tenements, Goods, and Chattels, that he may answer for them to the Lord of this Mannour.

Also they present, That W.P. of I. aforesaid, Labourer, such a day, * 1.130 &c. at I. within the Jurisdiction of this Court, by force of armes, &c. and against the Peace, the Close of one, &c. at I. aforesaid, broke and entered into, and one silk coat, called Sattin, of a black colour, of the Goods and Chattells aforesaid, &c. then and there found, felonious∣ly took and carried away: Therefore it is commanded, the bayliffe, &c.

Also they present, * 1.131 That W.S. of I. aforesaid, Yeoman, within the Jurisdiction of this Court, did counsell, provo∣ked, procured, incouraged, and abetted one L.M. &c. one Cow of black colour, price, &c. of the Chattell of one, &c. then and there found feloniously to steal, take, and drive away, and the said L. by vertue of the counsell, provoca∣cation, procurement, incouragement, and abetment, the a∣foresaid, &c. the said black Cow such a day, &c. year, &c. feloniously stole, took, and drove away, &c.

They also present, That A. B. of I. aforesaid, Yeoman, such a day, * 1.132 &c. at I. within the Jurisdiction of this Court, the Close and House of one, &c. broke and entered, and upon one Katherine, &c. the daughter, &c. being in the peace of God, and of the Queen, made an assault, and there against her will did ravish her, and did carnally know her, against the peace, &c.

Also they present, * 1.133 That P.D. of I. aforesaid, Yeoman, such a day, &c. at I. within the Jurisdiction of this Court, about the houre of nine in the night of the same day, the house and mansion of one, &c. as Felon of the Queens,

broke and entred, with an intent to make spoile there, &c. and six gold Angells of the Goods and Chattells of the a∣foresaid, &c. then and there in a certain chest being, fe∣loniously took and carried away, against the peace, &c.

The same present, E.F. of I. aforesaid, Labourer, * 1.134 such a day, &c. at I. within the Jurisdiction of this Court, by force of armes, and against the peace, &c. upon one T.D. at, &c. within the Jurisdiction of this Court, in the Queens high way, there being in the peace of God and the Queen, did make an assault, and the same T. D. then and there rob∣bed, and sixteen groats of silver, and one Angell of gold, of the Goods and Chattells of the aforesaid T.D. in a cer∣tain Clokebag of his, then and there being, from the person of the said T. feloniously took and carried away, against her Peace, Crown, and Dignity, &c.

They present, That the aforesaid T.D. appearing robbed, * 1.135 made a great noise and exclamation, and the aforesaid E.F. as a Felon of the said Queens; the said day and yeare from the place where he was so robbed, did freshly follow to the aforesaid Towne of D. &c. and that no Inha∣bitants there upon the Hue and Cry aforesaid did follow, and so the aforesaid Felon escaped, to the contempt of our said Lady the Queen, and against the form of the Statute, so enacted and provided; therefore the said Towne of, &c. in the mercy, &c.

Also they present, That E. L. of I. aforesaid, Yeoman, * 1.136 such a day and yeare aforesaid, at I. within the Jurisdicti∣on of this Court, a certain Gelding of colour white, price, &c. of the Goods and Chattells of one, &c. in the com∣mon field there being, feloniously stole away, tooke and carried away, and that the said E.L. for the foresaid Felo∣ny did convey himselfe away and fled; therefore command was given to the Bailiff to seise two kine of the Goods and Chattells of the said E.L. as Escheats and forfeitures to the Lord, and that he should keep them safe to the use of the Lord, &c. or so to the use of the Queen.

Also present, That when one B.R. of I. aforesaid, * 1.137 Yeo∣man, was taken and arrested for suspition of Felony, and set in the Stocks, one I.F. of I aforesaid, Labourer, such a day and yeare, &c. at I. aforesaid, the foresaid Stocks with force of armes, and feloniously did break, and the foresaid B.R. then and there did suffer to go at large against the

Peace; therefore it is commanded as before, &c.

Also they present that T. J. of J. aforesaid, * 1.138 Yeoman, such a day, &c. at J. within the Jurisdiction of this Court, a Calf of the price, &c. Of the Goods and Chattells of one J. B. There and then found, feloniously took and carryed away, and that W. Q. The Bailiff of the aforesaid Mannor such a day and year, &c. at J. aforesaid, the aforesaid T. L. for suspition of the aforesaid Felony arrested, and that W. F. of J. aforesaid Laborer, by force of Armes, &c. at J. aforesaid, the said day and yeare upon the aforesaid W. Q. In the Peace of God and of the Queen being, did make an Assault, and the aforesaid T. J. being in the custody of the said W. Then and there feloniously took, carryed away and rescued, and suffered to go free against the Peace, &c. Therefore it was commanded as above, &c.

Also present that A. B. of J. aforesaid Yeoman, * 1.139 such a day and year, &c. aforesaid, &c. at J. within the Jurisdicti∣on of this Court, about the houre of one in the night of the same day, a certain Pigeon-House of such a ones, &c. did break, and enter, and forty Pigeons, price, &c. of the Goods and Chattells of the foresaid, &c. from the house of the same, &c. feloniously took and carryed away, against the Peace, &c. and therefore, &c.

Also present that J.W. of J. aforesaid Gent, such a day, &c. at J. within the Jurisdiction of this Court, a certaine tame Deere carrying a bell about his neck, price, &c. Of the Goods and Chattells of one, &c. Then and there found, feloniously took away against the peace, &c. There∣fore it is commanded, &c.

Also they present that one J. L. of J. aforesaid Yeo∣man, * 1.140 such a day and year, &c. at J. aforesaid within the Jurisdiction of this Court, about the houre of one in the night of the same day, a certain Trunck of one, &c. Broke and entred, and ten Fishes called Pikes, price, &c. Of the Goods and Chattells of the aforesaid, &c. out of his said Trunck, &c. Then and there feloniously took and carryed away, against the Peace, &c. Therefore, &c.

Also present that P. J. of J. aforesaid Yeoman, * 1.141 such a day &c. the Close of one, &c. at J. aforesaid, borke, and entred, and one Towell of the price of six pence, of the Goods and Chattells of the aforesaid, &c. Then and there found feloniously took and carryed away, therefore it is

commanded the Bailiff to seise all his Goods and Chat∣tells into the hands of the Lord.

Also present that W. B. and T. W. Of J. aforesaid, * 1.142 being Butchers, such a day, &c. within the view of the frank pledge, did place their flesh, and other things to be sold in the Church and Church-Yard of J. aforesaid to sell. And the same where divine Service is celebrated, and mens Bodies are buried, sold, against the Statute of Winchester in this case enacted and provided, therefore they in the mercy.

Also present, * 1.143 that one M. S. came within the Jurisdicti∣on of this frank pledge, and brought hither certain Goods and Chattells by her stolne, that is to say, one linnen shirt price, &c. diverse other Clothes, videlicet, one Smock, one Petty-coat, one Shirt, which all are worth twenty shillings, and no more, and which all were hither by the said M. brought, and the said M. here within the Jurisdiction of this Mannor waved them, left them, and fled, by which all the Goods and Chattells aforesaid came to the Lord of this Mannor, upon which it was commanded to the Bailiff to seise them into the hands of the Lord, as es∣cheats and forfeited to the Lord, and so he did, and the Chattells aforesaid were delivered to the Lord in this Court. * 1.144

Also they say that they give to the Lord for certainty for a common Fine at this day by an old custome, six shil∣lings eight pence. * 1.145

Also they present upon their oath, that John Rigg 4d. Richard Wrenn, 4d. and John Williams, 4d. are Residents within the Precinct of this frank pledge, and at this day made default, therefore every one of them in the mercy, as it appeareth upon their heads.

Also they present that Richard Wrench 2 d. * 1.146 William Finch 2d. Robert Betts 2d. and William Gibbey 2d. did dwell within the Precinct of this frank pledge, by the space of a yeare and day and more, and not sworn to the Queen for Allegiance, therefore each of them in the mercy, as it appeareth upon their heads.

Also present that R. C. of J. aforesaid Yeoman, * 1.147 did turn the course of a certain brook leading to the House of the said T. H. out of the right course that it was wont to run,

therefore he was commanded, to turne it into his right course about the seast, &c. upon pain, &c.

Also present, * 1.148 that there is a certain Hedge of a great ex∣tent, and that the branches thereof hang over the way cal∣led the Kings Lane, to the hurt of the Carriages carryed by the same way, in the default W. C. Therefore it is com∣manded him to cut or crop those about the feast, &c. un∣der the pain, &c.

Also present, * 1.149 that there is a certain Gutter leading from the House or Kitchin of T.J. by which foule and stinking water from the said Kitchin is lead into the High way, to the great dammage of the Queens way, and all the carry∣ages there carryed by the People of our Lady the Queen, therefore he is commanded to remove or stop that about the feast, &c. upon pain, &c.

They present, * 1.150 that the common way leading by the Feild called the Prebend feild, is the common way to go and ride, and so hath been used time out of minde, and that the Gate and Bridge being beyond the furthest Bridg ought to be maintained and kept by the Ter-Tenants, and now are not, therefore it is commanded to the Land hol∣ders, the same Gate and Bridge to amend and repaire be∣fore the Feast of Saint John Baptist next comming, upon pain, &c.

Also they present, * 1.151 that R. W. made a certain Dung-hil against his House neere the Queens High-way, to the noyance of the Queens People, therefore he was com∣manded to remove and carry it away, about the Feast, &c. under the pain, &c.

Also present, * 1.152 that there is a certain Ditch unscowred and unclensed in default of R. S. to the hurt, &c. therefore he in the Mercy twelve pence, and he is commanded to scowre and clense the same about the feast, &c. upon pain &c. two shillings.

Also present that A. B. Widdow is a common Intertai∣ner and receiver of Whores, * 1.153 and Women of ill report, and conversation, to the great hurt of her Neighbours, there∣fore amerced two shillings two pence.

Also present that N. C. Widdow is a common Scold with her Neighbours, * 1.154 and common Hedge-breaker, and keeps one W. C. her Son in her House, and he is of no good same or government, therefore she in the mercy, as it ap∣peareth above, &c.

Also present that one A.B. Servant W. C. * 1.155 the Lords Bailiff as he was driving certain Cattell of one R. G. to the Lords Parke, there to be imparked, came one J. P. with great violence into the aforesaid Parke, with a Sword, price five shillings, and then and there struck the said A. B. with the same Sword upon his Head, and so shed the Blood of the said A. E. by reason of which blow the said B. fell to the ground, as if he had been dead. Therefore the said D. R. in the mercy, and is amerced by cheife su∣erties five shillings.

Also present that J. S. made a Fray within the liberty of this Court and drew blood, therefore he in the mercy, three shillings foure pence.

Also present that W. G. is Constable, * 1.156 and is not here at the view of the frank pledge, to present that which be∣longs to his Office but maketh default, therefore he in the mercy two shillings.

Also present that R. S. is an Ale-taster, * 1.157 and is not here at the view of frank pledge, to present that which belongs to his Office but maketh default, therefore he in the mercy two shillings.

Also present that R. B. and W. G. * 1.158 are common Appri∣sors, and should be here to present that which belongs to their Office, and made default, therefore they in the mercy three shillings foure pence.

Also present that B. R. and C. D. * 1.159 are searchers of the Victualls, and should be here at the view of frank pledg to present that which belongs to their Office, and made de∣fault, therefore both of them in the mercy two shillings.

Also present that Tho. J. and Wil. J. * 1.160 are Scavengers of the streets and ought to be here at the view of the frank pledge, and made default, therefore either of them in the mercy six pence.

Also present upon their Oath that the twentieth day of May, * 1.161 in the yeare of the Reigne of our Lady Queen Eliza∣beth now the twenty first, came into this Lordship one Horse colour gray, as a stray, and remained in custody ten daies after Proclamation.

Also present that there is a Colt colour bay, of the age of foure yeares or more, which came into this Lordship as a stray, the ninth day of September, the year of the Reign of our soveraigne Lady the Queen the twentieth, price twen∣ty

foure shillings, and stayed in the custody of the Bailiff by the space of a yeare and a day, after three Proclamati∣ons at three severall daies made, according to the form of the Statute, therefore the property of that Colt is in the Lord.

Also present that W. M. twelve pence and R. B. twelve pence are common Bakers of mans Bread, * 1.162 and at diverse times have baked unwholsome Bread, &c. Have broke the Assise, therefore each of them is in the mercy, as it appeares upon their heads.

Also present that Richard W. and J. D. are common Brewers of Drink, * 1.163 and brewed diverse times unwholsome Drink, and broke the Assise, therefore each of them in the mercy, as it appreares upon their Heads

Also present that E. W. and W. X. by their Wives are common sellers of Drink, * 1.164 and by unlawfull Measures sell their Drink, and break the Assise, therefore each of them in the mercy, as it appeareth upon their Heads.

First, It is ordained that R. B. shall make and scowre his Ditch at the foot of the great hill, * 1.165 containing by esti∣mation twenty perches, before the feast of Saint John Baptist next comming, upon the paine of every perch there∣of eight pence.

Also it is ordained that T. M. shall reforme and lay, * 1.166 out a certain parcel of Land lately by him incroached between Wash lane and Perham Rye common, before the Feast of All Saints next coming, under the paine of every Perch not reformed and laid out, twenty pence.

Also it is ordained that none shall suffer his Beasts, that is to say, * 1.167 Oxen, or Kine, to go and passe upon the common of this Lordship, nor in the Lanes to the said Mannor be∣longing, upon pain of forfeiting to the Lord for every one of them, for every time two pence.

Also it is ordained that W. J. shall remove his Dunghill lying by the Queens high way against his House, * 1.168 before the feast of Easter next, upon the paine of forfeiture ten shillings.

Also it is ordained that J. F. * 1.169 shall make and maintaine a Bridge in his Close called great Colemans in the way lea∣ding from Islington to Hogsden, upon the pain of forfeiting to the Lord ten shillings.

Also it is ordained that every one yoke o•• ring his Hogs

before the Feast of S. Michael the Archangell next, and the same keep so yoked and ringed till the Feast of S. John the Baptist, then next following, upon the paine of for∣feiting to the Lord for every Hogge, for every week, three shillings six pence.

The end of the Court Leet.

The manner of keeping a Court Baron.

The Court of R.F.C. there held the Tuesday, that is to say, Prebend the 14. day of May, the yeare of the Reigne of Queen of Isling—Elizabeth, by the Grace of God, of England, France, ton. and Ireland, Defender of the Faith, &c. 26. held by I.K. the Steward.

IS. & I.D. & R.R.R. Essoyned of Common, * 1.170 or Essoy∣ned for the Suit of Court, by R.R.

John Doo,		Robert Dodge,
Richard Roo,		Thomas Lodge, * 1.171
John Den,	Sworn.	Adam Clarke,
Richard Fenn,		David Parke,
Walter Helen,		Henry Roo,
Robert Allen.		William Croo.

First, after the stile of the Court is entered, you shall make once O Yes, and then call the Suitors, and after that another O Yes shall be made, and then the Steward shall say,

If any will be Essoyned, or enter any Plaint, come you in, and you shall be heard.

And after your Essoyne entred, and your Plaint deter∣mined,

then impannell your Jury and swear them.

And after the Enquest is impannelled and sworn, make another O Yes, and then you shall say, You good men which be impannelled, come neare, and you and all other keep silence, during your Charge.

An exhortation to the Jury.

YOu good men which are sworne, before that I enter to give to you the Charge, I intend to shew to you by what Authority you are assembled, and for what purpose.

First, you ought to consider, that there are three cau∣ses of your meeting.

1. One cause is, for that you be resident, and dwel∣ling within the Precinct of the Leet here to be held, and for that you ought to appeare.

2. The second cause is, for that some of you hold Land of the Lord of this Mannour, some as Free-holders, some as Copy-holders, and by reason of some of your Tenures, you ought to make Suit to the Court Baron of your Lord, from three weeks to three weeks, if this Court be so warned.

3. The third is, you may here learn the Lawes, to know what thing to follow, and what to avoid, by which that which is good may be the better followed, and ill things the better be avoided, being presented by you, and punish∣ed; and for that, that every one may live, and injoy that which he hath with quietnesse, and the Common-wealth may flourish, and vertue abound; and then for that you may better inquire and present, I have ministred to you a corporall Oath, which I counsell you to consider, and the parts of that, which are three, that is to say, Truth, Judge∣ment and Justice.

Truth, that you shall present nothing but truly, and that you shall not omit any thing of the truth not pre∣sented.

With Judgement, that you shall present all things with good advisement, and that you shall not be negligent to inquire out the truth in all matters to be presented.

With Justice, that you shall not for favour, nor for cor∣ruption of reward, nor for feare, nor for displeasure, nor

for private hurt or profit which may come to your selves, nor for malice, that you present any thing: And these three principall things you ought well to regard in your Oath.

And at the last note, that you run not into wilfull per∣jury, which if you do, you condemne your souls, and provoke the anger of God, and get punishment to your selves and your posterities in this world, and you get to you the torments of the Devill and hell, after this life, for ever.

But if you keep well your Oath, you obtaine by that, great profit and commodity; for by that wrong shall be redressed, peace and tranquility shall be maintained, and right and publike good preserved, and you shall live in quiet, and hold your Goods, Lands, and Lives, in peace and quietnesse, and you shall be accounted after this life, among the Saints of God, and shall have life eternall; and over that observe you, that I may by the Law charge another Jury immediately to inquire of your concealments and perjuries, and that you shall finde by putting great Fines and Amerciaments upon you, and imprisoning your bodies: And to conclude, first, now if you remember your duties to God, as I have said, that will move you to keep your Oathes, and the love that you owe to the Com∣mon-wealth, with consideration of your selves, wives, sonnes, and posterity, and the fear of God, and regard of honesty, and all these well considered, then you will pre∣sent justly, and truly the things which I shall give to you in Charge; and I make an end, and the Articles of your Charge follow.

Then followeth the Charge in Court Baron.

The Charge in Court Baron.

FIrst, you ought to inquire of all persons which owe Suit to this Court, and who make default, and present their names; and you ought to note, that all such persons which hold any Land of the Lord by Suit of Court, in what place they dwell, and of what age he is, that should make Suit to the Court, or otherwise he ought to be amerced,

and Amerciament is by custome, for by the Common-Law they shall be distrained, and that is called Suit-ser∣vice, and that is by reason of the Tenure, and if any such person which oweth Suit to the Lord be in Ward to the King, neverthelesse he may be amerced, for not making Suit to the Court of the Lord; but the Lord cannot de∣straine for this Amerciament during his Wardship, yet af∣ter Livery, the Lord may destraine for the whole Amercia∣ment.

And if there be two Coparceners, * 1.172 for which one Suit ought to be made, the eldest sister ought to make the Suit onely, and the other shall be contributary, Fitzh. 159. B.

And so it is of Joyn-Tenants, the Suit may be made by agreement by one, and the other shall be contributary, by Marleb. chap. 9. but if one holds twenty acres by Suit of Court, and alien that to twenty severall persons, by the Statute of Quia emptores terrarum, every one shall make Suit severally.

2. * 1.173 Also if any Tenant be dead after the last Court, or before, and his death not presented, you ought to inquire what Lands he holds of this Mannour, and if they were held by Knights service, * 1.174 Soccage, or by Copy, and what advantage the Lord shall have by his death, Scilicet Ward∣ship, Marriage, Releif, Escheate, or other Profits, and who is his next Heire, and of what age, and in whose custody he is.

3. Also if any Tenant which holds by Knights Ser∣vice alien his Land by collusion to defeat the Lord of his Ward, and other Profits, it is inquirable.

4. Also if any Tenant which holds by Knights service be disseised, and dieth disseised, his Heire within age, the Lord shall have him in Ward; and if any Tenant which holdeth by Knight-Service die, his Heire male within age of 21. years, the Lord shall have the Land in Ward, till the age of 21 years, and also his Marriage, unlesse he be married, Littleton, fol. 19.

5. If the Father which holds in Knights Service marry his daughter within age, to a husband of full age, and dies, the Lord shall not have the Wardship of the Land, and if she were of full age, the Lord shall not have the Wardship of the Land; but if she were within age, and marry to a husband within age, the Lord shall have the Land in

Ward till the age of 14. years, Natura brevium, fol. 98.

But if such Tenant die, his heire female being of the age of 14. years or more, and not married, she shall not be in Ward, nor her Land, but if she were within age of 14. years and not married, she shall be in Ward of Body and Land till the age of 16. years, and if she were married in the life of her father, within the age of 14. years, her land shall be in Ward till the age of 14. years, and no more, Littleton, fol. 19.

6. And you ought to note, that there is Knights Ser∣vice of a common person, that is, where one holds of his Lord by Homage, Fealty, and Escuage, that is to say, when it is assessed to more, more, and when to lesse, lesse, Littleton, fol. 19. and where one holdeth by keeping a Castle, or by blowing a Horn, that is Knights service.

7. And Soccage Tenure is where one holds by Homage and Fealty, or by Fealty and Rent, or by Homage, Feal∣ty, Rent, and by Suit of Court for all manner of Services, or in Burgage; and if such Tenant die, his issue within age of 14. years, then the next freind of the heire to whom the inheritance cannot descend, shall have the Ward of the Land, and of the Heir till 14. years, and then give an account to the Heir of the profits taken; but this Gardian shall have his reasonable allowance for his costs and ex∣pences, Littleton, fol. 22. See Natura Brevium, fol. 97.

8. Releife by Soccage is as much as the cheif Rent is by the yeare, which he payes to his Lord, and this is due forthwith after the death of his Tenant in Soccage, so that the Heire be past his age of 14. yeares, Littleton, fol. 24.

9. And if Land be held by Knight Service, and his Tenant dies, his Heire of full age, the Releif is due to the Lord, and if he hold by an intire Fee of a Knight, the Releife is one hundred shillings, and if he hold by the halfe of a Fee, fifty shillings, and so according to the rate, Littleton, fol. 21. and all these profits are inquirable.

10. Also if any Rent, Custome, * 1.175 or Service be with∣drawne, which ought of right to be made, by whom it is with-drawne, and what Custome and Service it is, and in what Bailiffs time it was with-drawne, and where the land is, that the Lord may distrain for the Arrearages, and what Rent that is, and how many years it hath been with-drawn.

11. * 1.176 Also if any Land of the Lord be withdrawne, or used by any without license of the Lord, by whom it is, and how much Land hath been so used, and of what value by the yeare that is, is inquirable.

12. Also if any Villaine of the Lord be, and what Goods, * 1.177 Chattels, and Lands he hath, what estate he hath in them, that the Lord may seise them, and what other things he hath: And if any Villaine withdraw his Goods out of the Lordship without license of the Lord, or if a free man marry a Villain woman, without the license of the Lord, it is inquirable.

Note, If a Villaine purchase Lands, and doe not alien them before the Lord enter into them, the Lord shall have them: Otherwise it is if the Villaine alien them be∣fore the entry of the Lord; the same Law is of Goods, Litt. fol. 33. ••but the Lord cannot seise the Goods which a Villain hath as Executor, Litt. fol. 35.

If a Villain be made a Chaplaine Secular, the Lord may seise him as his Villaine, and his Goods; but other∣wise it is if he enters in Religion: Or if a Free man es∣pouse a Villaine Woman without the license of the Lord, or by that, this is inquirable.

If a Villain dwell in ancient Demesne of the King, which is in the Kings hands, and hath dwelt there by a yeare and a day, the Lord cannot seise him, nor shall have a Writ of Nativo habendo, so long as he dwelleth there: But if the Lord claime him within the yeare, that hee cometh into ancient Demesne, and so makes his claime within every yeare and 〈◊〉〈◊〉 day, then the Villain shall not take advantage by his being there, and if the Villaine dwell in another Mannor of ancient Demesne, which is in possession of another then the King, the Lord may seise him, Fitzh. fol. 79. a. and from thence-going that, the Lord may make his claime, if he goe in ancient Demesne, is inquirable.

Also if any of the Tenants of the Lord be dead with∣out Heire generall or speciall, * 1.178 then the Lord shall have his Lands by Escheat, or if any Tenant, seised in Fee, be attaint of Felony, by Outlawry, Verdict, or otherwise, the King shall have (yeare day and waste) and after the Lord by Escheat, and is inquirable. Or if a Bastard purchase Land, and dye without issue of his body, the

Lord shall have his Land by Escheat: And note, That none shall have Lands of Fee-simple as heire to any man, unlesse he be heire of the whole blood, Littleton, fol. 2. And if the Tenant be disseised, and dyes without heire, the Lord shall have the Escheat.

14. * 1.179 Also if any which hath no Common without num∣ber, charge the Common with more Beasts then he ought to doc, according to the quantity of his Land, or if he which hath Common appendant, not Common appurte∣nant, put into the Common, Beasts which are not com∣monable, as Hogs, Goats, and Geese, or if any digg in the Common, unlesse it be for Gravell for the high waies, and fill it againe, or maketh other trespasse in the Com∣mon, or use the Common in any other manner, without the license of the Lord, but to take his Common with the mouth of his Beasts, or if any digg Turffs, or make other trespasse upon the waste, or build any house, or make inclosure of any part of it, it is inquirable.

15. Also if any Tenant within this Mannour, * 1.180 which hath two Farmes, one of them within this Mannour, the other within another Mannor, and at the time when the Feilds and Meadows within this Mannour are layd open, he brings his Beasts within this Mannor, which he hath kept upon the Farme of another Mannor, and by this surchargeth the Tenants within this Mannor, this chasing and rechasing is inquirable.

16. * 1.181 Also if any Tenant of this Mannor hath aliened any of his Lands in Mortmaine, that is, to a Religious house or to a Bishop, Parson, Vicar, and to their Succes∣sors, or to any other Corporation, where that shall go in succession; that is to say, To them and their Successors, without the license of the King, and the Lord of the Mannor, it is inquirable. That the Lord may make his claime within a yeare according to the Statute: Note, That by the Statute of Religiosis, the Lord may enter within one yeare after the alienation; and if the cheife Lord immediate, be negligent, and doe not enter upon this Fee within a yeare, then it is lawfull to the next Lord of that Fee, within the halfe yeare following to enter, and at the last the King: And if any make a Feoffment to one to the use of a House of Religion, or to the use of a Company, or Brother-hood, this is Mortmaine: The

same Law is where one exchanges with a Corporation, that is Mortmaine; also if any religious person hold of a∣ny man by Rent-service, and the Lord releases to him, this is Mortmaine.

17. * 1.182 Also if any Tenant by Charter alien his Land, and hath not given notice of that to the Lord, and the A∣lienee hath not made fealty to the Lord, nor Suit of Court, that the Lord may have knowledge, who is his Te∣nant, it is presentable, for that he may know upon whom to make his avowry, and of whom to have his Services and Escheats.

18. * 1.183 Also if any Termor for years, or for life, of any parcell of the Demesnes of the Mannor, hath made waste in any House, Lands, Woods, or Gardens, you shall pre∣sent that, or if any holds two Tenements and hath wasted one, as if he remove Trees from one to the other, that is waste.

19. * 1.184 Also if any Trespasse be made in any Demesnes of the Lord, that is to say, In the Corn, Grasse, Meadowes, Pastures, Wood, Hedges, Waters, or if any Fish within his Rivers or Waters, or if any Hauk or Hunt within the Demesnes of the Lord, without his license, or within his Warren, these are presentable.

20. * 1.185 Also if any take any Hony or swarms of Bees with∣in the Demesnes of the Lord, or take any Haukes or Aeiry of Haukes, these are inquirable.

21. Also if any Bailiff, or Officer make any arrest for Rent, * 1.186 Custome or Service due to the Lord, and Rescous to him is made, you ought to present the name of him which made the Rescous, and where and when it was.

22. * 1.187 Also if any distresse be put in the pound of the Lord, and be taken out without authority of Law, this is a Pound-breach, and is inquirable.

23. * 1.188 Also if any remove or take away any meerstones or stakes between this Lordship and another, or between Te∣nant and Tenant, you ought to present that.

24. * 1.189 Also if any hath incroached any of the Lands of the Lord, scilicet, Land, Meadow, Pasture, Wood, Furse, Moore, or any other vacant Land without the Lords li∣cense, by burning his Hedges, Pale, or otherwise, that is inquirable.

Note, that all the void Land and Waste within the Man∣nor is to the Lord of the Mannor.

25. Also if any within this Mannor, * 1.190 suffer any House of Husbandry with which was occupied twenty Acres of Land, to decay, and to take from it any Land, the Lord of whom this is held, * 1.191 shal have the halfe of the profits of this to his owne proper use, till that be maintained again for Husbandry, 4 H. 7. chap. 19. and 5 Eliz. chap. 2. and that for the benefit of the Lord is inquirable.

26. Also if any Tenant, hath inclosed any Land, * 1.192 and keeps that in severalty, (which was wont to lye open) without the license of the Lord and other Free-holders, that is also inquirable, for that no Tenant of the Lordship shall loose his Common in that.

27. Also if any keep and withdraw any Evidences, * 1.193 Court Rolles, Rentalls, or Evidences pertaining to the Lord of the Mannor, is inquirable.

28. Also if any thing pained before to be done, * 1.194 and is not yet done, in whose default that is, and you ought to present his name.

29. Also if any Coppy-holder, * 1.195 lets his Coppy-hold Land for longer time then for a yeare and a day, without surrender, unlesse it be by the custome, that he may let for longer time, and if he do, it is a forfeiture, and inquira∣ble.

30. Also if any Coppy-holder, make a change of the possession of his Coppy-hold, for Charter Land, or other∣wise, that the Lord may have any disadvantage, in mend∣ing of one and impairing of another, that is inquirable.

31. Also if any Coppy-holder alien any of his Coppy-hold by Deed, and make livery of Seisin acording to the Deed it is a forfeiture, and inquirable, Lit. fol. 14.

31. Also if any Coppy-holder cut any Tree which is a Hedg-row without license of the Lord, is a forfeiture, if not by the custome of the Mannor used time out of mind, &c. This Coppy-holder hath used to cut his Trees and Wood at his pleasure, it is inquirable.

33. Also if any Coppy-holder, which hath not his Wood by custome of the Mannor to himself, but his Lord hath that there, if he lop or top any Trees of his Coppy-hold in unseasonable time, by which that starveth, that is a for∣feiture, and is inquirable.

Note that Tenant at will by the Common Law, may take House-boote, Hedg-boote, and Plough-boote, and cut

that in seasonable time, and so may Tenant by Copy of Court Role do of a Coppy-hold.

34. Also if any Coppy-holder suffer his House which is Coppy-hold to decay and fall down, or do not repaire that, but suffer that to be uncovered, by which there is wast, that is a forfeiture and inquirable; if it be not by the cu∣stome of the Mannor, that they may suffer their Houses to decay and fall down, and yet no forfeiture by the custome, and also in some Mannors the Tenants may suffer waste in their Houses, and also cut their Trees at their pleasures, and shall not be punished, for it is lawfull by the custome of diverse Mannors.

35. Also if any Coppy-holder dye seised of any Coppy-hold, who is his next Heir, and of what age he is, or if any Coppy-holder by the custome of the Mannor hath surren∣dred any Coppy-hold into the hands of the Bailist, or any Tenants, after the last Court to the use of another, for of every such surrender the Lord ought to have a Fine, and the parties in whose hands the surrender was made, ought to come to the next Court, and present the same surrender so taken, and give it into the hands of the Lord to the use of the Alienee, or otherwise he ought to forfeit his Coppy∣hold, if he have not a reasonable excuse, insomuch that he doth not bring in the surrender by him taken, but doth what lieth in him to make the Lord loose his Fine, and also to dis-inherit the other party, to whose use the surren∣der was made.

36. Also if any Tenant which holds by Harriot service, or Harriot custome, dye seised of any Land or Tenement so held, and that a Harriot is due to the Lord, and also if any such Tenant hath aliened any parcell of his Land so held, the Lord shall have for every of their severall parts, diverse Harriots at their severall deaths, as if a man hath two parcells of Land held by Harriot service, and by se∣verall Titles, and dye seised of the same, the Lord shall have two Harriots; and also you shall present if any Harri∣ot be carried out of this Lordship, by whom it is, and where they are.

37. * 1.196 Also you shall inquire if any Tenant of this Man∣nour, which ought by reason of his Tenure to make Suit to the Lords Mill, do make his Suit there, or not.

38. Also you shall inquire, if any one have fished, soul∣ed;

hawked or hunted within this Mannor, or within the Demesnes of the Lordship, without license of the Lord, and present their names.

39 Also if any hath taken Pheasants, or Partridges in their nests, or the egges of them within the Demesnes of the Mannour, or the egges of the Swans of the Lord, and present their names.

40. Also you shall inquire if all the defaults and plaints which were presented at the last Court, were sufficiently amended, or not, and if all the Lawes and Orders before by you made, be observed and kept, or not; and further you shall inquire of all other things, which in your con∣sciences you beleive to be convenient to be inquired of, and you shall bring in your Verdict in writing such an hour: And now you may depart, and inquire of your Charge, having regard to that which you have sworn, and note that you keep well your Oath.

Hawkers and Hunters.

WEst. 1. ch. 1. forbiddeth that none shall chase in an∣others Park, nor fish in anothers River, and if he do, he shall be imprisoned, and fined, and if none will sue, the King shall have the Suit as in a thing made against the Peace, and the King shall make inquiry from year to year, &c. Fitzh. 67. D.

Westm. 1. chap. 20. It is provided for Offenders in Parks and in Rivers, that if any of them be attaint by the Suit of the Plaintiff, it shall be accounted good, and amends made according to the manner of the Trespasse, and shall have imprisonment for three years, and then shall be fined, and if he hath not to pay a Fine, he shall be banished or out-lawed, and if the party sue not within the yeare, the King shall have the suit.

39. H. 7. chap. 11. If any person, not having a Parke, Chase, nor Forrest, keep any nets, called Deer-Hayes, o•• Buc••stalls, or stalk with bush or beast in anothers Park, Chase, or Forrest, without license, he shall forfeit ten pound to any person which will sue for the same.

31. H. 8. chap. 12. Where Hunters in the day or night with vizards, or painted faces, it was felony, now it is not.

5. Eliz. c. 21. Every one which wrongfully taketh Hawks, or their egges by night or day, and be convict, shall pay treble damages, and suffer imprisonment three years, but these Statutes aforesaid are not inquirable in a Leet.

43. Ed. 3. fol. 24. Trespasse, why by force of armes his Deer, price forty shillings (where it was wilde) he took, and the Writ abated, 18. Ed. 4. fol. 14. the same.

3 H. 6. f. 58. Trespasse, he entered into his Warren, and took a 1000. hares, and doth not say his, yet it is good.

Fitzh. 86. L. & 89. R. Trespasse lieth by force of arms, the young hawkes of his hawkes, price so much, he took, and why he entered his Warren, and took Hares, Coneys, and Pheasants, and not his, and good, for he hath no pro∣perty, 22. H. 6. fol. 65.

Doctor & Student, fol. 9. None hath property of Birds, Fowle, wilde Beasts of Forrest, and Warren, yet the eggs of Hawks, Herons, and such like, are to them which owe the Land.

Fitzh. 67. No man shall be taken and imprisoned for Vert or Veneson, if he be not found with the manner, or indicted, Nat. bre. fol. 41. the same. See Britton, fol. 84.

18. Ed. 4. fol. 14. Where a man licenses me to hunt and kill a Buck in his Park, my servant cannot come in by my commandment, for the license shall be strict to him to whom it is given.

2. Ed. 4. fol. 5. Trespasse, one cannot justifie by license of a Keeper to kill a Deer.

16. Ed. 4. fol. 7. Trespasse, by force of armes he broke his Dove-house, and took his Pigeons in the same, and good, but not abroad when they are out, and have no mark, and are in the fields.

38. Ed. 3. fol. 12. Trespasse for entering into his Warren, and took his Pheasants, it was held that if the Defen∣dant fly a Pheasant in his own land out of the Warren, and his Hawke fly and kill in anothers Warren, his entry into the Warren is a wrong.

Treheron in his reading shewed, that Forrest ought to be by Commission and Proclamation, and that a common per∣son cannot have a Forrest, that is to say, cannot make a Forrest, nor use Forrest-Lawes, as it is said: And to a Forrest there are divers Officers, and to this is incident a Court of Swannimote, but a common person may have a

Chase or Park by Grant or Prescription, and Forrest-Lawes shall not be to a Chase, nor Court of Swannimote, the Statute of 13. R. 2 is not inquirable in a Leet, but be∣fore Justices of Peace, that is to say, that it is that no Arti∣ficer, nor Lay man which hath not Lands to the value of forty shillings per annum, and no Clark which is not ad∣vanced to ten pound per annum, shall not keep a Harrier, or other Dog to Chase, nor shall use Ferrets, Hayes, Nets, Harepipes, nor Cords, nor other Engines to take or to distroy wilde beasts, upon pain of imprisonment for a year, yet it is inquirable in a Court Baron, if any hunt or hawke within a Park, Chase, Warren, or Demesne Lands of the Lord of the Mannour without his license, and for that something of that shall be said.

12. H. 8. fol. 3. Trespasse lieth for taking a Hound or Deere out of the possession of the Plaintiffe, and hath pos∣session, and not property.

12. H. 8. fol. 10. One hath but possession of a Deer, and if they go out, catch that catch may: and if any Hawke kill a Pheasant in your Land, it seems that I shall have the Pheasant, and yet it seems, that one cannot hunt nor hawke in anothers Land.

10. H. 7. fol. 30. Account lieth against a Keeper for the Deer, for he hath possession as a Bailiffe; one may grant liberty to one to take every year a Deer, or to the Keeper the shoulders of them killed.

13. H. 7. fol. 10. Where a Deer▪ is given to one, he may bring in his servants to take it, for otherwise peradventure he cannot serve his Warrant.

13. H. 7. fol. 13. It is said, If one hath license to chase, he cannot kill, 18. Ed. 4. fol. 14

15. H. 7. fol. 16. Fine for hunting shall be greater then the trespasse.

21. H. 7. fol. 30. It is lawfull for one to kill a Hart out of the Forrest, though he be proclaimed.

12. H. 8. fol. 4. saith, That one may distrain a Brache do∣ing damage which enters into my Close to chase, 2 Ed. 3. tit. distresse 20.

48. Ed. 3. fol. 8. He that hath land adjoyning to a Chase, may hunt Deer out of his ground with a little Dog, but not with Begles, and by some if the Dog follow them into the Chase, and the owner drives them back, yet if they kill the

beast, trespasse doth not lye. Seek 18 H. 6. f. 22. Held that if a man goe in the way adjoyning to a Park, and his Dogs break his Leash, and kill a Deere in the Parke against his will, and he call them back, he shall not be punished; but it seems that if he doe not what he can to hinder them, it shall be a trespasse.

Fitzh. 19. If one incite or procure his Dog to bite a man, he shall have his trespasse upon that.

Assise.

IN so much that an Assise is brough of a Copy-holder, some thing is to be noted to you touching Assises.

And first I intend, That if a Copi-holder of Inheri∣tance dyeth seised of a Copi-hold, and his heire enter (as he may) though there be no Court kept, and he not admitted, and be outed by a stranger of that diss••isic, he shall have a Plaint in nature of an Assise. Seek, for it is 13 Eliz. by the Justices, If Tenant by Copy of Court Roll, dye seised, and his heire enter and take the profits, he is no trespasser, though the Lord hath not admitted him Tenant; and though no Court were held there in seven yeares; and further there said, that it was adjudg∣ed in the Chancery, That if Tenant by Copy of Court Roll hath issue two Daughters by diverse Women, and they enter and take the profits, and one dyes before any Court held, now her Cozen collaterall ought to Inherite as heire to her, and not the other Sister as heire to the Father, which proves that this was a seisin according to their Custome: The same Law is if a Copl-holder be admitted, and after is thrust out by another, or if ano∣ther be admitted to it, and by this, he that was first ad∣mitted is thrust out by him which was secondly admitted, the first Admittee shall have a Plaint in nature of an As∣sise of that disseisin.

Plowden, Com. fol. 528. Parson before Induction, can∣not grant an anuity, for he hath no possession; so it seems if a Copi-holder dye seised, his issue shall not have an Assise before admittance, Fitz. 177. a. Where Tenant for life; in Fee simple, or Fee taile, is disseised of his Lands and Tenements, or outed of that against his will,

this is disseisin, and he shal have an Assise of novel disseisin, Nat. brevium, fol. 107.

Fitz. 195. c. Where my Father or my Mother, my Brother or my Sister, or my Unkle or my Aunt, or Ne∣phew or Neece, dye seised of any Lands or Tenements or of Rents, of an Estate of Fee simple; now if a stranger take possession of this Land or Rent after their death, I which am their heire shall have an Assise of Mortdancester, Nat. brevium, fol. 118.

So for a Copi-hold in Fee, If my Father, Mother, Brother, or Sister, Unkle, Aunt, Nephew, or Neece, dye seised of that, and a stranger enters, I shall have a plaint and make protestation to Sue in nature of a Mortdancester, and upon disseisin as above, in nature of an Assise of novel Disseisin; and it seemeth I have not seisin to maintaine an action of my owne seisin in the Lords Court, unlesse I be Tenant to the Lord, and that is where I am admit∣ted, for by the admittance of the Lord, it shall be said (The Lord hath granted seisin, and he is admitted Te∣nant:) And by this he is Tenant to have an Assise, and not before, yet before he may take the profits, though there be no Court to he admitted, for it was no folly in him, but may have his action at the Common Law, upon the possession of his Ancestour, which was admitted, though I were not admitted: And so where my Father dyeth seised of a Copi-hold in Fee, and I am admitted, and after another makes claime to it, and is also after∣wards admitted and enters, he cannot have a Plaint in nature of an Assise of novell disseisin against me, for 26 H. 8. fol. 3. If one he admitted, instituted, and inducted, to a Benefice, and after another be presented, and outs him, he shall have an Assise or a Trespasse, but he presented cannot.

And so if there be Grandfather, Father, and Son, and the Grandfather was admitted, and dyes, and the Father enters, and dyes before admittance; the Son in this case shall have a Plaint in the nature of a Writ of Ayell, and not an Assise of Mortdancester. And by the Statute of 32 H. 8. chap. 2. it is Enacted, that no person shall sue, have, or maintaine any action for any Lands or Tene∣ments upon his owne possession, above thirty yeares next before that began. If the Lord of a Mannour grant by

Copy, the Tenements of a Copi-holder, without lawfull cause in Fee, or for life, and the Grantee enter, hee which hath right, may have an Assise against the Grantee if he were first admitted: As the King by his Letters Pa∣tents, grants to another my Land, and the Patentee en∣ter by force of this Grant, I shall have an Assise: If a Copi-hold discend, the heire shall have a trespasse at the Common Law before admittance, as above.

Seisin of Assise.

What Seisin is sufficient to have Assise, and what not.

THe Warden of an Hospitall shall have an Assise of Rent, where his Predecessor was seised, and not he him∣selfe, for the seisin of the Predecessor is the seisin of the House, 15 Ed. 3. Tit. 39. accordingly of an Abbot and Prior, Fitz. fol. 179. c. and 8. As. 16.3. As. 5. according also of a Chauntry Priest, 34. As. 5.

Assise is not maintainable against him which hath but a free hold in Law, for of that seisin, an Assise doth not lye, and yet of that seisin a Wife shall be endowed, Litt. fol. 152.

If a man which hath a title to enter set his foot upon the Land and is outed, that is a sufficient Seisin to have an Assise, 22 Ed. 3. Br. Seisin 52.

If one put in his Beasts to use my common by my com∣mandement, this is a sufficient Seisin for me to have an Assise, 45 Ed. 3. fol. 25.22 Assise 84.

Reversion is granted to J. S. and the Tenant for life attorne and dies, and J. S. enter by the Windowes, for that he cannot enter by the doore and when one half of his Body was in, he was pulled out, and yet that is a sufficient Seisin to have an Assise, 8 booke of Assises fol. 25.

Seisin of Fealty is not sufficient Seisin to have an Assise of Rent, but it is sufficient Seisin to make Avowrie, for all that is as well for the Rent as for the Fealty, 44 Ed. 3. fol. 11. by Thorpe, 3. Ed. 3. Tit. 40: 3. Ed. 3. Journey to Nor∣folk, 20. H. 3. Tit. 433. 49. Ed. 3.15. and 45. Ed. 3: 28.

A Lease is made for life reserving foure Markes Rent, and the Lessor is seised of twenty shillings of that, and taketh distresse for the remainant, and Rescous is made, and though but twenty shillings be received, yet that is a suffi∣cient Seisin to have Assise of all, 8 Ed. 3 fol. 12. Tit. 141.8. Ass. 4.5. E. 4.2.12. E. 4.7.

If the Lord of a Rent service grant the service to ano∣ther, and the Tenant attorn by a penny, and after the grantee distrains, and the Tenant makes Refocus, here was no Seisin to have Assise of Rent, but if the gift of a penny had been in name of Seisin and attornment, otherwise it is, 5 Ed. 4. fol. 2. Littleton fol. 127. b.

Lord and Tenant are, the Lord grants the Rent of his Tenant by a Deed to another saving to him the services, and the Tenant attorns to that, this is Rent seck, and if the Rent be denied at the next day of payment he hath no re∣medy, but if the Tenant when he attornes or after will give a penny or a half penny in name of Seisin of the rent, then if after the next day of payment, the Rent be to him denyed, he shall have an Assise and that is a sufficient Seisin to have an Assise for all the Rent, Littleton fol: 42.

Seisin of parcell of Rent is sufficient to have Assise of all the Rent, 8 book of Assises 4.

Seisin of Fealty is not sufficient Seisin to have an Assise of Rent but Seisin of Escuage is Seisin of Homage, 21 E. 3. fol. 52. Nat. Brevium fol. 109.5. Ed. 2 Avowrie 209.

Using of common by Tenants at will, is sufficient Seisin for him in Reversion to have Assise of common, If he or his Tenant at will be disturbed, 22 Assise according Fitzh. fol. 180.

By Brudnell, of a thing transitory a man shall be in posses∣sion without seisure, as my Tenant dies, his Heire within age I shall have a Ravishment of ward without a Seiser, but I shall not have an ejectment of ward of Land which is locall, nor Assise of Land, without first having possession indeed, 14 H. 8. fol. 27.

If one recover and be put in by a Clod in the half by the Sheriff, and he against whom the recovery was, will not go out, yet that is a sufficient Seisin to have an Assise 2 Ed. 2. Tit. execution 119.

If a man holds of the King in cheife, and holds other

Land of another Lord and dies, his Heire within age, which intrudes at his full age, and paies his Rent to the Lord, this is a good Seisin to have an Assise, notwithstan∣ding that he hath not sued Livery, for the Signiory was not suspended by the possession of the King, but only the distresse, for after Livery the Lord may distraine for his Arrerages, 34 H. 8. Tit. 48.47. Ed. 3. fol. 12. and 13. H. 7. fol. 15.

Pleas of Assise by Bailiff.

Also it is expedient for you to know what Pleas the Bailiff in Assise shall plead, and what the Disseiser, and what the Tenant after the Bailiffe hath pleaded.

BAiliff may plead a Plea which is triable by Assise, and none other, 6 H. 7. fol. 15.

Pleas of a Bailiff ought to be such which are triable by the Assise, and for that he cannot pray aid of the King, 8. H. 7. fol. 12. and 1. booke of Assises 1. according∣ly.

The Bailiff shall have any Challenge to an array and to the heads, 9 H. 7. fol. 24. and Abridgment book of Assises, fol. 48. the same.

The Bailiff may plead non-tenure or mis-naming of the Plaintiff, but not of his Master and conclude, if, &c. 22 H. 6. f. 44.9. H. 7. f. 24.26 As. 61:

Bailiff may plead, that the Tenements are in another Town, for that is an abatement, 9. H. 7. fol. 24 Abridg∣ment Assise f. 47. and 6 H. 7. f. 15. accordingly; but 22 H. 6. fol. 50. seems contrary, but a Bailiff cannot disclaim, but an Atturney may, 13 Ed. 3. Tit. 8.

Bailiff pleads out of his Fee, Judgment if without speci∣alty, &c. and he cannot have that at this day, but in 2 Ed. 3. Tit. 10. he hath this Plea, for the Bailiff cannot have a∣ny Pleas, but where he may conclude over, and if it be not found, no wrong no disseisin, &c. see the Abridgment book of Assises fol. 47. and 2. Assise 4.

Bailiff may plead ancient Demesne, and conclude if it be not found, &c. and conclude to Assise, otherwise Bailiff cannot plead ancient Demesne, for that, that it is triable

by the book of Doomes-day, and for that he cannot con∣clude Judgment, if the Court will acknowledge, Abridg∣ment booke of As. f. 48. and 9. book As. 2, see 6 H. 7. fol. 15.

Bailiffe may plead that the Plaintiffe is seised the day of the Writ purchased, and every other exception tryable, by Assise, 9 As. 4.

Bailiffe cannot plead that the Writ is purchased hang∣ing another Assise, nor not attached by fifteene dayes, for it is tryable by the Record, Abridgment of Assise, fol. 48. 8 As. 2. and 8 Ed. 3. As. 40.

Bailiffe may plead that his Master is Parson of D. not naming Parson, and if it be not found, no wrong, &c. 12. As. 4.

Bailiffe may plead misnaming and joynt-tenancy with∣out Deed, 6 H. 4. fol. 15. and 8 H. 6. fol. 56.

Bailiffe cannot plead Excommunication or outlawry, in the Plaintiffe, for he cannot plead a Dilatory Plea, unlesse it be tryable by the Assise, and that he may con∣clude, and if it be not found, no wrong, no disseisin, 5 Ed. 4. fol 113.

Bailiffe may plead not attached, by fifteen dayes, A∣bridgment of Assise, fol. 47.

Pleas of the Disseisor.

THe Disseisor may plead release of actions personalls in barr, but not release of actions realls, for none shall plead that but the Tenant, Litt. fol. 115.

The Disseisor may plead, that the Demandant hath en∣tred, hanging the Writ, notwithstanding that, he goes to the Tenancy; and the reason which is there made, is, for that that such Plea goes to excuse him of damages: And note, that there it appeares also, that the Disseisor shall plead every barr, unlesse sach a Barr which goes to the Tenancy, or to extinguish the right of the Plaintiffe in the Land, as if he pleads release of all actions personals, or that the Plaintiffe hath entred, hanging the Writt, that he may plead, but he cannot plead release of right made to the Tenant of the Land, nor other plea which goeth to the Land, but he shall plead every plea to the

Writ which doth not extend to the tenancy, as if he had no Tenant named in the Writ, or no such in Rerum na∣tura, and misnaming of the Plaintiffe, or of himselfe, 35 H. 6. fol. 13. Contrary, 37 H. 6.3. by Choke: There∣fore inquire.

The Disseisor shall not plead any plea to the Tenancy, which the Tenant by his admittance hath made good, 26 Book of Assises, 49.

Disseisor cannot plead in abatement, that the Plaintiffe hath a Writ of an older date hanging against him, 45 Ed. 3. fol. 25. and 23. Ass. 14.

Disseisor cannot plead ancient Demesne, without tak∣ing the tenancy upon him, 21 Ass. 2.

Disseisor cannot plead Record or Estoppell, for by the sayling of the Record, he cannot loose the Land, 20 Ed. 3. Brook, Assise, 403.

Disseisor shall plead misnaming of the Plaintiffe, and also that the Plaintiffe is covert of Baron, and if he al∣leadge outlawry in the Plaintiffe, he ought to have the Record in hand; and note, that the Disseisor in proper person, or by Attourney, and not by Bailiffe, pleads that the Plaintiffe hath another Assise hanging against him, as it appeares, 8 Ed. 3. Ass. 140. See 28 Ass. 38.24 Ass. 91. and this seemes by the Statute of Westm. 2. chap. 15.19 Ass. 10. and 20 Ed. 3. Ass. 20.

Disseisor may plead entry of the Plaintiffe after the last continuance and joynt-tenancy, for he may plead all Pleas which excuse him of damages, or which are in barr which doe not extinct the right of the Land, 35 H. 6. fol. 16.

Disseisor may plead outlawry in the Plaintiffe, that is, where the Tenant hath not pleaded and admitted the Writ, 29 Ass. 61. and 20 Ed. 3. Ass. 20.

It is sayd by Babington, That a Disseisor can not plead any plea in barr, but no wrong, or that it ariseth to so much, 2 H. 6. fol. 1.

Pleas by Tenant.

Where after a Bailiffe hath pleaded, or the Tenant himselfe, and the Assise upon that adjourned, or award, or hath imparled, the Tenant cannot plead new matter, unlesse it be matter of a later time, or a matter following, or a matter upon which may have Certificate, or the generall Issue.

THe Tenant pleads to Assise by Bailiffe, and the As∣sise awarded, the Tenant can plead no plea in barr af∣terwards, but such upon which he may have Certificate of Assise, 10 H. 7. fol. 12. 8 Ass. 17.

The Tenant pleads by a Bailiffe, and the Assise re∣maines for default of Jurors, and now the Tenant comes in proper person, and saith, The Plaintiffe hath received the Tenements of him, hanging the Writ, and hath let to him for yeares, and hath, for that he cometh in of la∣ter time, 10 Ass. 24.18 Ed. 3. fol. 33.

If a plea be pleaded, and the Justices dye, all shall be pleaded anew, but if they be at Issue, that shall stand, 5 H. 7. fol. 7. b. by Hussey.

After adjournment upon the Plea of the Bailiffe, the Tenant may plead matter which comes of later time, 18 Ed: 3. tit. 33.

The Tenant himselfe after the Assise awarded, may leave his barr, and plead the generall Issue, but he cannot plead a new barr after Issue, 34 H. 6. fol. 10. and 29. 40 Ed. 3. fol. 48. b.

The Tenant pleads in Barre, and after the Jury hath the view, and he leaves his Barr, and pleads to the Assise, 34. H. 6. fol. 29. & abridg. Assis. fol. 138.

Where they are adjourned upon a point certaine, he cannot plead new plea afterwards, unlesse pursuing, as, if the Tenant himselfe before adjournment, had pleaded speciall Bastardy, he may plead afterwards generall Ba∣stardy, 42 Ed. 3. fol. 12.

After adjournment upon a Plea in barr certaine, he cannot plead new plea in barr, but onely the generall issue, 8 As. 10. and 10 Ed. 3. tit. 157. and 44 Book of Ass. 1.

Where they are adjourned upon a Plea in abatement, and after the Writ is awarded good, he may afterwards plead in barr, 6 Book of Ass. 1.

Infant in Assise pleads Ontlawry of Felony in Barr, and at another day was suffered to plead Release of the Plaintiffe in Barr, 14 Ass. 15.

Assise, the Tenant pleads in Barr, and the Plaintiffe joynes Issue, and the Court doe not take the Assise the same day, and the next day the Tenant cannot change his Plea, 11 H. 4. fol. 2. b.

Where the Tenant pleads to the Assise by a Bailiffe, if his Master have a Release or a Writing, of which the Jury cannot have notice, then if the Assise passe against the Bailiffe, yet the Master shall have Certificate upon this Writing; the same Law is, if the Verdict be not well ex∣amined by the Justices, and see more there, Fitzherbart, fol. 181. b.

The Tenant pleads in Barr, a Deed of the Ancester of the Plaintiffe with warranty, and the Plaintiffe makes Title, and afterwards he cannot plead in abatement, that the Lands were in another Towne, for that, that the Assise was awarded, 10 Edw. 3. tit. 157. and 1 Ass. 17.

The Tenant pleads in Barr, and the next day pleads by a Bailiff to the Assise, and may, for that the Assise was not awarded, Abridg. As. f. 47.

Where the Assise was awarded upon the Plea of the Bailiff, at another day after, the Tenant comes and pleads Release, and hath it, for that he may have Certificate, A∣bridgment As. fol. 138.

The Tenant may relinquish his Barr, and plead the generall Issue, otherwise it is in Cosenage, Grand-Fa∣ther and great Grand-Father, but he cannot plead a new Barr, 40 Ed. 3. fol. 49. Ass.

Assise, the Tenant pleads in Barr the Deed of the Ance∣ster of the Plaintiff with warranty, and the Plaintiff makes Title, and after the Tenant waives the Barr, and pleads in abatement, that the Lands are in another Town, and cannot, 1 Book of Assises 17.

Assise, If a Plea be pleaded, and the Justices dye, all shall be pleaded a new, but if they are at Issue they shall stand, 4 H. 7. fol. 7.

Where in 〈◊〉〈◊〉 Assise a man shall have diverse Pleas to the writ and conclude over, no wrong, no Disseisin, and where not.

NOte, that the party himself or his Bailiff may have di∣verse Pleas, where one is not contrary to the other, concluding over, no wrong; as if he plead mis-naming of the Plaintiff, if it be not found; no Tenant of the Free-hold named in the Writ, and if it be found, no such Town and such like; and notwithstanding, and if it be not found, no wrong, for one is not contrary to the other, but if he will say, that the Tenements are in another Town, and if it be not found no Tenant of the Free-hold named in the Writ, and if it be not found no wrong, these Pleas he shall not have, for he shall not plead no Tenant of the Free∣hold named in the Writ, &c. And after say the Tene∣ments are in another Town.

Note, though the book at large be, if it be found lea∣ving out this word, (Ne) yet the book of Entryes is, (if it be not found) and so it seems in reason that it shall be as above, if it be not found, &c. 36 H. 6. fol. 1.

Where one pleads to a Writ and also in Barr, what Barr is that which doth not go to the point of Assise? scilicet, no wrong, but it is a Barr out of the point of As∣sise, in such a case he shall not have both the Pleas, for by such Barr the Plea to the Writ is waived, as in an Assise of Rent, the Tenant pleads wrong naming of himself, and if it be not found, out of his Foe, he shall not have these two Pleas, 3 Ed. 3.15. Tit. 172. Tit. 223.

It seems if the Tenant plead in abatement of the Writ, he shall not plead over to the Assise, if his Plea to the Writ be not triable by the Assise, 22 Book of Assises 14.

In an Assise of Rent, the Bailiff pleads mis-naming of the Town, and if found not so, &c. That another is Te∣nant of the Rent not named, for this is not contrary, and it seems that in an Assise of Rent, the Tenant of the Land may say that the Land whereout, &c. is in another Town, and if found it be not, that he hath a taker of the Rent not named, contrary it is in an Assise of Land, 15 Ed. 3. Tit. 55.

In Assise by a Master and his Brethren of the fraternity of nine orders, of Angells in he County Middlesex, De∣fendant plead no such corporation by this name in this County, and if it be not found, not wrong, he shall not have them both, for the first Plea is in Barr, and shall not have Barr and generall Issue, 22 Ed. 4 fol. 34.

Assise of Lands in Woxbridge, the Tenant pleads that they are in Collam and not in Woxbridge, and if it be not found, no wrong, and he hath, 11 H. 4. fol. 2. b.

It is said that in an Assise the Tenant or his Bailiff may plead tewnty severall matters in abatement or to an Assise, and conclude if it be not found, &c. and is good, 1 Ed. 4. fol. 4. and 8 H. 6. fol. 9.

Where the Assise shall be awarded at large, that is to say, in point of Assise, that is to say, to inquire of Seisin and Dis∣seisin, and where in Right of Dammages, and where not.

ASsise, the Tenant pleads in abatement, that the Plaintiff hath received the Land of him hanging the Assise, and that he hath let to him for yeares again, and the Plaintiff saith that he hath continued his Estate which he had by Disseisin, without that, that any Estate, present of him he take, and the Assise was charged upon the point, and over upon the Seisin and Disseisin, 10 book of Assises 24.

If the Tenant plead in Barr and the Plaintiff makes ti∣tle, and the Tenant doth not traverse that, the Assise shall be awarded at large, 45 Ed. 3. fol. 24.

Where there is a good Barr pleaded, and an outing is confessed and the Barr is traversed, or if the Plaintiff make Title, and that is found for the Plaintiff, or if there be an ill Barr pleaded, that the Plaintiff need not answer, but say come the Assise upon the Title, and it is found for the Plaintif, in all these cases the Plaintif shall have judg∣ment without inquiring of Seisin and Disseisin, 6 H. 7. fol. 2.

Where the Plaintiff makes Title at large without an∣swering to the Barr, and the Tenant do not traverse this Title, he shall not answer to that, as that confessed and a∣voided, or without saying, let the Assise come upon the

Title, but let the Assise run without any thing saying to the Title, there the Assise shall be taken at large and not upon the Title, as in the Assise the Plaintif makes Title at large, and in the end saith (and this he is ready to aver by Assise, and the foresaid tenant likewise) the Assise shall be taken at large, the reason as above, so it shall be done as it seems, where the Title is no Title at large, but such which confesseth the Barr and avoides it, and so it is held by Sharde, 28 Assise 24.

Contrary Law is, if the Plaintif in his Title traverse the Barr, and the Tenant let•• the Assise ••un, there the Assise shall be taken to inquire of the thing traversed, and also his Title, as it appeareth, 26 Ed. 3. fol. 61.

And the reason of this seems to be, for that, that in As∣sise the Plaintif shall not be received to traverse the Barr without making Title, and so the Title there materiall, and so note that the Assise shall not be awarded at large, but in such a case where the Title is not materiall, 45 Ed. 3. fol. 24.

When the Assise is taken at large, if they finde another Title, the Plaintif shall recover, and the Assise if they will may inquire only of Seisin and Disseisin, without being charged or compelled to finde any Title, as in Assise no∣thing is pleaded but no wrong, here the Assise may finde Title if they will, or otherwise say nothing but of Seisin and Disseisin, and also note that in these cases before; the Assise is awarded at large, without inquiring of the Barr.

And the reason is that that which is the Barr is wai∣ved; the same Law is where the Barr is not good, and the Plaintif makes Title, accepting the Barr, 28. Assise 17.

If the Barr be ill pleaded, and the Title good, the As∣sise shall be awarded in point of Assise, and not upon the Title, for if it be pleaded ill on the part of the Defendant, the Assise shall be awarded in point of Assise, that is to say, of Seisin and Diffeisin, 35 H. 6. fol. 54. By Fortescue, and 33 H. 6. fol. 40. by Littleton.

The tenant pleads for rain Release, and it is found against him, notwithstanding the Deed of the Plaintif, now the Assise shall be awarded in right of the Dammages, for an outing is confessed implicatively, by pleading a Release,

23 Ass. 11.8. Ass. 15. but 30. Ed. 3. Fitzh. Ass. 100. The Assise shall be taken at large.

The Tenant pleads Deed of the Ancestor of the Plain∣tif in Barr, and found false, by which it was inquired only of Dammages, 17 book of Assises 13.

The Tenant pleads forrain Release in Barr, upon which they were adjourned, and the Defendant makes default, by which the Assise was awarded at large, see 26 book of Assises 30. 30 Ed. 3. Tit. 100. and 17 book of Assises 31. Notwithstanding it seemeth where an outing is confessed, directly or impliedly; and found for the Plaintif, the As∣sise shall be awarded to inquire of Dammages, and not up∣on the Seisin or Disseisin only.

If the Tenant plead a dying seised, and doth not ac∣knowledg an outing Seisin and Disseisin, shall be inquired, 8 H. 4.51.

When an Infant brings an Assise and the Tenant pleads a Deed of his Ancestor, then the Assise shall be awarded to inquire at large, Natura brevium, fol. 169.

In point of Assise it is, when the Tenant pleads no wrong no Disieisin, and out of the point, is properly when the Tenant pleads forrain Release, or for rain matter tria∣ble in another County, and in right of Dammages is when the Tenant acknowledgeth over, and pleads matter which is found against him, or acknowledgeth over, or de∣murrs in Law and that is adjudged against him, now the Assise shall be taken in right of Dammages, 15 Ass. 3.18. Ass. 8.23. Ass 36.26. Ass. 41.28. Ass. 15.28 Ass. 14.17. b.

If the Tenant plead Release, and the Assise found for the Plaintif, the Assise shall be awarded in right of Dam∣mages; the same Law is, if the Tenant plead Record and faile of that, the Assise shall be awarded in right of Dam∣mages, 8. Book of Assises 10.

The Tenant pleads forrain Release, by which they were adjourned in Bench, and found not his Deed, and the Plaintif release his Dammages, and hath Judgment forth∣with, 6. book of Assises 4.

The Tenant pleads forrain Release in which are wit∣nesses, and Processe was awarded against the witnesses which make default, and the Assise was awarded in point of Assise, 18 book of Assises 8.

Where the Tenant pleads a Record, and failes of that by the Statute of Assise shall be awarded in right of dam∣mages, 27. Ass. 1.17 Ass. 2.13. Ass. 15. and 16. and 23. Ass. 3.

Note, that in Assise, where the Plaintiff makes Title at large without answering to the Barr, and the Tenant do not traverse the Title, nor answer to it as to confess and avoid, in saying comes the Assise upon the Title, and lets the Assise run without saying any thing to the Title, there the Assise is taken at large, and not upon the Title, as in Assise the Plaintif makes Title at large, and in the end saith, he is ready to affirm this by Assise, and the afore∣said Tenant likewise, 28 Ass. 24.

If the Tenant acknow ledge an outing in his Plea, the Assise shall be awarded in right of dammages, 1 H. 6. fol. 5.

6 E. 6. fol. 418. Assise against two, if one take the En∣tire tenancy, and plead in Barr, and the other make also Plaintif choose his Tenant, the same Law, if one plead no wrong and the other plead a Barr, without that, that the other hath nothing, and every one take the Entire Te∣nancy.

In Assise against many, where the Plaintiff ought to choose his Tenant at his perill, and where not.

ASSise against two, if every one of these take the whole Tenancy and severally plead in Barr to the whole Tenancy, the Plaintif ought to choose his Tenant at his perill, but if one plead in Barr; and the other knowledg∣eth the action, or saith nothing, it is otherwise, 33 H. 6. f. 36. and 37.

Assise against two, it seems if one plead in abatement and the other in Barr, if the Plaintif mischoose his Tenant, it is not materiall, but he shall answer to the Plea in abate∣ment, but diverse seem the contrary, and it seems if both plead in abatement, he ought to choose his Tenant at his perill, see 8. book of Assises 1. and 44 Ed. 3. fol. 23.

Assise against two, each takes upon him the whole te∣nancy, and pleads in Barr, the Plaintif mischoose his te∣nant and was barred by opinion, 20 booke of Assises 4.

Assise against two, one takes the tenancy and pleads no wrong, and the other takes the tenancy, without that, that the other hath any thing and pleads in Barr, there the Plaintif shall be constrained to choose his tenant at his perill, as well as if both had pleaded in Barr, and had accepted the tenancy severally, and if it be found that he mischoose his Tenant, the Writ shall abate, but he shall not be barred, 9 Ed. 3. Tit. 384.

The Plaintiff was admitted to choose his Tenant after adjournment, 23 Ass. 16.

Assise against two, each takes his tenancy and pleads, it seems here, that the Plaintiff at his own perill shall choose his tenant, and that shall be first inquired, and by some, if he mischoose his Tenant the Writ shall abate, 8 Ass. 1.

Assise against two, one pleads that he is a Villaine of J. S. and the other by Bailiff plead to the Assise, and the Plaintif chose him which pleads by Bailif to the Assise for his Tenant, and pray the Assise, and he comes and pleads in Barr and was suffered the same day, 22 book Assises 7.

Assise against an Infant and two others; where each one severally takes the whole tenancy upon him, and pleads in Barr, the Plaintif shall choose his Tenant at his perill, and he chooseth the Infant for the Tenant, and the Tenant, and they found the Infant Tenant, and the two others Disseisors also, and the Plaintif recovers, but it seems there if he mischoose his Tenant, the Writ shall abate, and for that, that the Diffeisin was made to the use of the Infant, which did not enter and is Tenant only by agreement, for that it seems it is here an Errour to ad∣judge the Infant Tenant which had nothing but by agree∣ment to the Disseisin, 3 H. 4. fol. 16.

If the Plaintif choose one to be his Tenant of all, which is not tenant, the Writ shall abate, Abridgment of the As∣sises, fol. 41. B.

By Fortescue in Assise against two, one takes the tenancy severally and pleads in Barr, the Plaintif shall not an∣swer to their Pleas in Barr, nor to none of them, but first shall choose his Tenant, then after may the Plaintif an∣swer to his Barr sufficiently in time, and if he ill choose his Tenant, the Writ shall abate, Abridgment of the book of Assises fol. 116. a.

Returne of Assise against J. S.

Pledges to prosecute

• ...Adam Clarke.
• ...David Parke.

THe within named J. S. is attached by one Oxe, of price twenty shillings.

The Rest of the execution of this complaint (and be∣fore the Justices of Assise) and of this Writ, doth appear in ••••••ertaine Scedule annexed to this Writ. J. D. Esquire, Sheriffe.

The Pannell.

THe recognition of an Assise of novell Disseisin, be∣twixt J. D. Plaintiffe, and J. S. Deforceant, of a Freehold in D. and then the names of the Recognitors follow; and afterward,

The sum of the Jurors afore∣said, and every of them,

• ...John Hart.
• ...Richard Smart.

Manucaptors, summoners of the aforesaid Jurors, and every of them,

• ...John Doo.
• ...Christopher Croo.
• ...John Den.
• ...Richard Fen.

This by Plowden, Com. fol. 37. Ass. 12.

What is a good Title in Assise for the Plain∣tiffe, and what not.

TEnant plead in Barr, it is no title for the Plaintif to say, that he was seised tell by the Tenant disseised and traverse the Barr, without conveying unto him possesion by title before his possesion as by feoffment or otherwise, 27 H. 6. fol. 2.

Tenant pleads a feoffment made by J. S. to him and gives colour, Plaintif saith, that J. D. levied a fine upon release to him, and it is not good, but to say that he was

seised, and levied a fine, otherwise the title is good, so if he be intitled by feoffment, or recover of a stranger, he shall say for title that the stranger was seised, and infeoffed him, 10 H. 6. fol. 22.

Where the Barr is materiall, as diffent, feoffment of Ancestor the Plaintif with Warranty, Recovery, Fine, &c. Plaintif shall not make title at large, but ought in his title answer the Barr, as confesse and avoid or traverse it, but where it is a Barr at large, he may make title at large, without answering the Barr, 34 H. 6. fol. 46. 35 H. 6.67. and the book of Entries 120. 5 H. 7. fol. 29.

Where the Barr is not sufficient, the Plaintif may de∣mur and need not to make title, and where the tenant in his Barr gives sufficient title to the Plaintif, Plaintif need not make title, as if the tenant saith that his Father had him eldest and the Plaintif youngest, Plaintif may say that the tenant is a Bastard without making title, and is good, 20 H. 6. f. 38. and 39.

Where the Plaintif makes title at large, the tenant may say, come the Assise upon the title, and is good, 15 H. 7. f. 13.

The tenant pleads that he recovered against J. S. and the Estate of the Plaintif mean by abatement upon J. S. hanging the Writ, Plaintif saith, that long time before the Writ that he himself was seised, and good, without shewing how he came to it, for the Defendant hath given to him possession, seek 9 book of Ass. 10.

The tenant pleads feoffment of the Grand-Father of the Plaintif with Warranty, Plaintif saith that his Grand-Father was seised, and he as Cosen and Heire to him en∣tered, and is good without shewing how his Grand-Fa∣ther came to it, see, 10 Ass. 23. 9 Ass. 11.

The tenant pleads one Barr, the Plaintif intitles him∣self by release with collaterall Warranty, and it is good, 17 Assise 18.

38 H. 8. Tit. 3.26. Br. Tit. Traverse, P. 26. if the te∣nant plead that his Father was seised in Fee, and by pro∣testation died seised, it is said that the Plaintif may make title by a Stranger, without that, that the Father of the tenant was seised in Fee.

5 H. 7. fol. 29. Where the Barr is materiall, the Plain∣tif

shall not make his title at large without answering to the Barr, but in Assise, 34. H. 6. fol. 24.

11 H. 7. fo. 28. If the Barr be ill, the Plaintif may pray the Assise without title.

6 Ass. Tenant pleads Fine of an Ancestor of the Plain∣tif, to which the Plaintif saith, the same Ancestor had but for life, the reversion in him, and that he entred by for∣feiture, and good, without shewing how he hath the rever∣sion.

Nat. Bre. 109. If the tenant pleads Plea in Barr, and the Plaintif makes him title and traverseth the Barr, al∣though the title of the Plaintif be false yet the tenant shall not have advantage, to take the Assise upon the title, but he shall be driven to maintain his Barr, otherwise it is where the Plaintif makes him title and doth not answer the Barr.

Abridgment of book of Ass. fol. 81. VVhere the title is found for the Plaintiffe, and there is no Disseissor, the VVrit shall abate.

The tenant saith that J. S. held the Land of him and died without Heire, by which he entred, as in his Escheate and gives colour, &c. the Plaintif faith, one H. enfeoffed him, and it is no title, for he ought to answer to the Barr as well as where the tenant makes title by discent, 27 Assise 71.

Assise of Rent, it is no title to shew that J. S. granted to him the Rent by Deed or by Fine, but he ought to shew how the Rent began, that is to say, If it be a Rent charge, or a Rent service, or a Rent Seck, 31 Ass. 16.

Assise, the tenant pleads in Barr feoffment of the Father of the Plaintif with warranty, and the Plaintif saith, that his Ancestor died seifed, and this discended to him, and allow∣ed by Scroope without shewing how he came to that after∣wards, 10 book Ass. 23.

VVhere the tenant praies the Assise upon the title, and upon that the Assise is awarded, the Assise cannot finde o∣ther title for the Plaintiff, but he may finde matter, which may stand with the same title to inforce it, but if the title be traversed, he cannot finde another title, but only the point put in the Assise, 28 book of Assises 17.

An Act of Parliament, Fine or Recovery are of such a force, that if one be bound by them, the Plaintif cannot

make title to this Land, unlesse by reason of a title to him grown of later times. As if one recovers against me or my Ancestor, and hath execution, and after Lenten, and dye seised, my Heire shall not make him title by his dis∣cent, against the Recovery, without shewing he hath ti∣tle after the recovery, the same Law of a Fine, see 10 H. 7. fol. 5.32. H. 6.5. and 33 book of Assises fol. 19.

Pleas in Barr and in Abatement.

IT seems a feoffment of the Plaintif is no Plea in Barr, for that amounts to no wrong, nor Desseisin 2 H. 4. fol. 20. the same 15 Ed. 4. fol. 11.

18 Ed. 4. fol. 11. A Lease for yeares or for life, the re∣version to the Plaintif or a feoffment of the Plaintif with warranty, and rely upon the warranty, is a good Bar••.

Abridgment of Ass. fol. 31. The tenant may plead, that partition was made between the Plaintif and J. S. whose Estate he hath, and it is a good Barr.

30 H. 6. fol. 1. Assise, the tenant saith that the Lands put in view, and in plaint are in another Town, and if it be found, no tenant of the Free-hold named in the VVrit, &c. By the Court he shall not have the second Plea, for none may say that the Land is in another town but the te∣nant, and so hath accepted the tenancy by his Plea.

30 H. 6. fol. 7. Assise, the tenant saith that T. B. was seised and disseised by W. W. to whom T. B. made release, and against his own Deed disseised W.W. and infeoffed five persons, which infeoffed the Plaintif, upon which W. W. re-entred, whose Estate the tenant seised hath, it is good, see Pleas in Barr Tit. Abridg. Ass. fol. 30.

Abridgement Assise, fol. 41. If the Plaintiffe choose one to be his tenant of all, where he is not, the Writ shall abate.

Abridgement of Assise, fol. 42. A man cannot plead in Assise that there is another hanging, to which he hath ap∣peared, unless that he take the tenancy upon him, and for that it is no Plea for the Disseisor.

Bridgement Ass. 44. Death of one of the tenants shall not abate the Assise, but for the portion, if he be a Disse••∣sor, and tenant of another parcell, 27 Ass. 45.40 Ass. 15.

Abridgement Ass. fol. 43. Assise of tenements in D. and S. the tenant sayes that all is in S. if that be so, the Writ shall abate, for he cannot abridge a whole Towne, but see now by the Statute of 21 H. 8. chap. 3. where he may abridge.

Abridgement of Ass. fol. 45. Assise of Lands in D. is no Plea if there be two Dales, for that the Plaintiff shall recover, by the view of the Jury, 29 Ass. 59.

Abridgement of Ass. 106. Assise, tenant pleads in Barr, and after the Jury hath the view, he leaves his Barr, and pleads to the Assise.

Plaint in Assise.

PLaint of profits of an Office, though it hath no form it shall not abate, as first it ought to suppose disseisin, and after shall make title, and though it were not so, it shall not abate, 12 H. 6. fol. 22.

Plaint of a Croft is good, but Precipe of a Croft is not good, Abridgment of Assise, fol 130. b. and 8 Hen. 6. fol. 3.

Time of Ed. 6. Brook, tit. False Latine and forme, 66. Wood was put before Pasture in a Plaint of Assise, and exception thereof taken, yet good, though it were con∣trary to the Register, by the Commentaries, fol. 169.

Plaint of a Croft, and was amended, 14 Ass. 13. and 25 Ed. 3. tit. 25. the same, Brook, demand. 17.34.

Plaint of a peice of Land, containing in length twenty feet, and in breadth ten, and is good, 14 Ass. 13. and 9 H. 4. fol. 3. the same.

Plaint by the Governour of an Hospitall; it shall be of a House and not of an Hospitall, 8 Ass. 29 and As∣sise 137.

Plaint of two parts of Salt Coot, is good, ninth Book Ass. 12.

Plaint of a Garment, or thirty shillings, though it be uncertaine, for that it is according to the Deed, it is good, 11 Book of Ass. 8.

Plaint in Assise of a Garden lyeth, but not a Precipe, 22 Ed. 3. tit. 22. 5 Ed. 2. Brook demand. 39. and Fitzh. breife 797.

Plaint was of a Mill and doth not say a water-Mill, nor VVinde-Mill, yet good, 21 Assise 23.

Plaint of a Garment and the specialty is of a Gar∣ment with furr, and the plaint good, for the Garment con∣teines all, 22 Ass. 10.

Where the Plaintiff may abridge in Assise, and in what other Actions he may abridge, and how.

IN a VVrit of ward, the VVrit is (of the custody of the Land and Heire) and is not certain, and for that he may abridge as he may in assise and VVrit of Dower, 39 Ed. 3. Tit. Breif 10. and 32.

In trespasse, the VVrit is (of Goods and Chattells) and hee counts of Corne, and ten pounds, and for that, that Money is not (Goods and Chattells) he abridged it, see, 8. Tit. abridgment 11. which saith, that he ought to expresse the Money in the VVrit, and for that he did not, he abridged, 39 Ed. 3. Tit. Breife 11.

In all cases where the VVrit is (of a Free-hold) and uncertain he may abridge by June, as in assise of Dower, and a VVrit of ward, 14 H. 6. fol. 4.

In ward for that the Demand is not certain, but of the (custody of the Land and Heire) therefore the Plaintif counts of the Mannour of D. and twenty acres, and the Defendant saith that the twenty acres are parcell of the Mannor, the Plaintif may abridge the twenty acres, 39 E. 3: f. 10. Brooks abridgment 10.

Assise of Land in great Dunmowe and little D. you can∣not abridge all in one Town, 8. H. 6. fol. 56.

Assise, and in Dower he may abridge, but he cannot a∣bridge a whole Town, 14 H. 6. fol. 4.

Assise where a plaint is of a Mannor, he cannot abridge, for that it is entire, 19 H. 6. fol. 13.33 H. 6. Tit. abridg∣ment 2.

Assise, plaint of Rent and Land, after that the Tenant hath pleaded in Barr, the Plaintif shall abridge in right of the Land, 14 Ass. 9.

Plaint abridge in attaint, * 1.197 35 H. 6. fol. 13.

Assise of Common in forty acres, the Plaintif cannot a∣bridge, for that that the Common is Intire, but at this day it is contrary by the Statute of, 31 H. 8. chap. 3.29. Ass. 10.

Plaintiff in every Assise at his pleasure may abridge, and for that also by the Statute may abridge where the plaint is of a Mannor, 21 H. 8. chap. 3.

After Verdict he cannot abridge.

IT is said, that after Verdict, the Plaintiff cannot abridge his Plaint, 28 As. 38.

Dower demanded may abridge after view, Edw. 3. fol. 3.

Assise, they were adjourned upon Title.

ASsise, they were adjourned upon Title, and for that, that they cannot agree at the day of the Adjourn∣ment, after the argument, Plaintiff abridge and might, 10 H. 6. fol. 22.

After the Jury in Assise were together in the house be∣fore their Verdict came, the Plaintiff, and abridged, and was suffered, 33 H. 7. Tit. 6. B.

Attornement.

WHen any Mannour descends to the Lord, upon every descent to the Lord, it belongeth to the Steward at the first Court to make all the Tenants to make Fealty; and also upon every purchase of Mannour to enter the Fealty of every Tenant which holds of that, and also to enter their Attornement and Seisin of Servi∣ces, to the end that the Lord may by this means distrain for his Services, and the Tenants may hereafter be better known to him, and by 28 H. 8. Tit. 40. Attornement may be made by Tenants to the Lord in his Court, to the Ste∣ward or Purchasor, and not to his Servant in absence of the Lord.

For that something shall be said of Fealty, and where there ought to be Attornement, and where not.

IT is said, that the Tenant that hath made Homage to the Father, shall not make Homage to the Son, for that he hath once made Homage to his Lord, but yet he shall

make Fealty to the Son, though he have made it to the Father▪ but if the Mannour be recovered against the Fa∣ther which hath taken Homage, now he shall make Ho∣mage again, Littleton fol. 29.

If a Mannour be exchanged, yet there ought to be At∣tornement, otherwise the Lord cannot distrain for the Arrearages, Perkins fol. 47, 56, 58.

If one alien his Mannour by Deed indented of Bar∣gain and Sale, and inrolls that according to the Statute; that is good without Attornement, and the Lord may di∣strain for his Services, and the same Law is of a Rever∣sion so granted, * 1.198 but of a Grant by Fine it is otherwise, 27 H. 8. chap. 16. 30 H. 8. Tit. Attornement.

If the King grant Reversion of Lands, or grant a Man∣nour to one and his Heirs, or otherwise by his Letters Pa∣tents, the Patentee may distrain or avow without Attorne∣ment, and he need no Attornement, 34 H. 6. fol. 7. Fitzh. fol. 60. J. & 6 Ed. 3. Tit. 13. Natura brevium fol. 171. ac∣cordingly, 12 Ed. 4. fol. 3.

Where a Mannour or Reversion is devised by Will in writing, that is good, and shall passe without Attorne∣ment, 19 H. 6. fol. 24. Littleton fol. 132. accordingly of De∣vise, where Lands were devisable by Custome, 34 H. 6. fol. 7.

The Lord may avow upon the Tenant by the Curtesie, and in dower, and upon him which recovered against his Tenant without Attornement, for they are in by Law, and need to have no Attornement, 36 H. 6. fol. 35.

If one have a Mannour delivered in Execution by ver∣tue of a statute Merchant, or an Elegit, he may avow without Attornement, 20 H. 6. fol. 7.

Where a Mannour Escheats, or the Lord have that as a Perquisite by his Villain, he may avow without Attorne∣ment, Littleton fol. 132. 34 H. 6. fol. 7. accordingly, and Fitzh. fol. 60. J.

If a man have a Common of Pasture to a certain num∣ber, or a Common of Estovers certain, and grants them over, these shall passe without Attornement, for that they are not to be taken by the hands of Tenants, but by the mouths of Beasts; and where no attendance nor pay∣ment is to be made by the Tenant, there the things may passe without Attornement, 31 H. 8. Tit. Attornement.

Where a man lets for forty years, and after lets the same Land to another, to have the Land from the end of the first Terme for twenty years, there need no Attornement, and contrary when he grants a Reversion, to have the same Reversion at the end of the first Terme for twenty years then next ensuing, there ought to be Attornement by Horewood, 37 H. 8. Tit. 41. and 1 Ed. 6. Tit. 4.

A man lets a House for Life, and after grants the Rever∣sion of the said House, to have from the Feast of Saint Mi∣chael, next after the Death of the Tenant for Life, for 21 years then next following, this is go•••• without Attorne∣ment, for this passeth by (to have) the House as a Lease, and not as a Reversion; and also the Tenant for Life is not attendant to him, 3 Mary Tit. 69.

One lets for twenty years, and this Lessee lets that for ten years rendring Rent, and after this Lessee for twenty years grants the Reversion of the Terme Rent to a stran∣ger, it behoveth that the Lessee for ten years attorne, otherwise it is if no Rent be reserved, 2 Ed. 6. Tit. 45.

If a man lets for ten years, and the same Lessee lets that to another for four years, the Lessor makes a Feofment to a stranger, by sufferance of the second Lessee, this is a good Feofment without Attornement of the first Lessee, 28 H. S. Tit. Feofments 68. B.

Two joint-tenants, and one release to the other, it is good without Attornement, 28 H. 6.

Then let us see what is good Attornement, and what not.

WHere a Reversion is granted, and the Tenant at∣torn by a Penny, it is good, for it an Agreement, 8 Book of Assise 25.

A man grants four divers Rents, and the Tenant at∣tornes by a Penny, this is good for them all, that is to say, for them all to distrain, but not for them all to have an Assise, for it is not Seisin, 22 Book of assise 66.

Attornement ought to be made by the Tenant in the life of the Grantor, for Attornement after is not good, 16 Book of Assises 25.

A Lease is made for Life; and after the Reversion is granted to one, and the Tenant for life surrender to him, this is a good attornement, 23 As. 18.

A man seised of two acres, or of two Mannours, lets one for years, and after makes a Feofment of both, and makes Livery of that in Possession, yet the other shall passe without attornement, 7 Ed. 4. fol. 20.

Where a Feofment and Livery is made of a Mannour, that one hath in execution by a Statute, this Livery is as an attornement, if the Tenant by Statute enter again, 46 Ed. 3. fol. 30.7 H. 4. Statham 46. the same.

If a man lets a Mannour for years, and after outs the Termor and enfeoffes another, and makes Livery, and the Termor re-enter, it is good without other attorne∣ment, 5 H. 5. fol. 12. the same, 9 H. 6. fol: 16. the same, Littl. fol. 130.

If a Feofment be made, and Livery also, and do not out the Termor, nor he attorne, it is not good, 5 Book of Ass. 1.17 Ass. 3.2 Book of Ass. 1. the same, and 21 H. 7. fol. 7.

If my tenant for life lets his Estate to another upon condition, for default of payment to re-enter, and after I grant the Reversion, and the first tenant attorns, this is not good, for he hath nothing at the time of the Grant of the Reversion, 8 H. 5. fol. 10.

A man lets his Mannor for life, and after grants the Re∣version of that to another, if the tenant for life attorne, it is good, and all the services of all the Free-holders of the Mannour shall passe without other attornement, 21 Ed. 3. fol. 34.

Payment of Rent is good attornement, 49 Ed. 3. fol. 15. Payment of Rent in name of Seisin is agreement and Sei∣sin, 40 Ed. 3. fol. 34.

Where they are compellable to attorne, and where not, and what Tenants are compellable to attorne, and what not.

WHere a Reversion or a Mannour is granted, unlesse it be by Fine, there lies no Quid juris clamat to compell the tenant to attorne, but upon a Grant by Fine, and not upon a Grant of Reversion by Deed, Nat. brevium, fol. 170.

If a man alien his Mannour, he need not that the te∣nants at will attorne, and the same seems of tenants by Copy of Court-roll, Br. Tit. 44. Littleton fol. 125.

By Seisin by the hands of the tenant at will, the Lord by that cannot avow, 8 H. 6. fol. 65.

Tenant for life grants his estate to J.S. upon condition, and after the reversion is granted by fine, and the first Te∣nant for life attorns, it is not good, and he is not compell∣able to attorn, but J.S. 8. H. 5. fol. 10.

If I let for life, and after grant the reversion by fine, and after Tenant for life grants over his estate to J.S. yet after attorns, it is good, for he was compellable to attorn, and not J.S. 18. Ed. 4. f. 10. and 21 H. 6. fol. 61.

If Tenant in Dower grant over her estate to J.S. and after the reversion is granted by fine, she is compellable to attorn and not, J.S. 10. H. 4. fol. 10.1. H. 4. fol. 18. the same.

If Tenant by the Curtesie grant over his estate, and af∣ter the reversion is granted by fine, Tenant by the Curtesie is compellable to attorn, 18. Ed. 3. fol. 3.

He which was Tenant, day of the fine levyed, though he hath granted over his estate, is compellable to attorn, 18. Ed. 4. fol. 10. Also 18. H. 6. fol. 25 and 21. H. 6. fol. 6. the same.

After a fine ingrossed and that delivered, the Tenant is not compellable to attorn, for a Quid juris clamat lieth against him, Fitzh. fol. 147. and 11. Ed. 3. Statham.

If I give lands in tail, reserving rent, and I grant that rent by fine, the Tenant shall be charged to attorn, other∣wise it is if I grant the reversion, for there he is not com∣pellable to attorn, 5. H. 5. Statham.

Where any person is not cempellable to attorn, and yet attorns, and their attornement good, and where not.

TEnant after possibility of issue extinct, is not compell∣able to attorn, and yet if he attorn, it is good, 43 Ed. 3. fol. 15.46. Ed. 3. fol. 13.

If Tenant in tail attorn it is good, and yet he is not com∣pellable to attorn, 3. Ed. 4. fol. 11.

If Donor grant the reversion of Tenant in tail, to an∣other in fee, if the Donee attorn gratis, it is good, and yet he is not compellable, 12. Ed. 4. fol. 3.

If a Lordship or Mannor be granted by fine, and after the Tenant which hold of that, makes a feoffment or is disseised, if the feoff••e or disseisor attorn, it is good, and yet they are not compellable to attorn, 18. Ed. 4. fol. 10.

If a man lets for 10 years, and the same lessee lets for four

years attornement of the second lessee is good, and yet he is not compellable to attorn, and clear is attornement of the first, for he ought to attorn, 28. H. 8. tit. feoffments 68.

If I let for life, and grant the reversion by fine, and after the grant, and before attornement, the Tenant for life lets over his estate to J.S. and he attorn gratis, it is good, and yet he is not compellable to attorne, 21 H. 6. f. 54. and 20. Ed. 3. Brook, Tit. 24.

Fine is levied of a Lordship, and before attornement the Tenant makes a feoffment, and after the feoffee attorns, this is good, and yet he was not compellable to attorn, but his feoffor was compellable, 18. Ed. 4. fol. 10.

Now let us see that the grantee by fine without attornement can∣not have action nor avow for rent, which is in lieu of act∣ion, nor have wast, but may have all other things, as entry for forfeiture, and have escheat and things in seisin, and take, and have aid.

WHere a reversion is granted by fine, the right pas∣seth, and for that Tenant for life shall have aid, though he make no attornement, 12 E. 4. f. 3.37. H. 6 fol. 5. the same, 35. H. 6. fol. 5.

Where a Mannor is granted by fine and Tenants do not attorn, the Lord cannot distrain for rent, but shall have es∣cheat of them, 10 H. 6. fol. 17.34. H. 6. fol. 7. the same, 20. H. 6. fol. 7.

The Lord grants his Lordship by fine, the grantee shall have such things, which lie in taking, as ward, but he can∣not avow for rent, Natura brevium, fol. 172.

Grantee by fine of a Lordship cannot distrain; but shall have escheat and ward, though there be no attornement. But if Tenant for life alien in fee, he may enter for forfei∣ture, Tit. fol. 130. B. p. 131. A.

Wast before attornement is dispunishable, but the gran∣tee may enter for forfeiture or seisure but shall not have wast before attornement, 48 Ed. 3. fol. 15. and 34. H. 6. fol. 7. the same.

Note that one cannot have an action without attorne∣ment, though the grant be by Fine.

Attorney in Court Baron.

THey that have tenements in divers Counties, and fear to be impleaded in a County, or in a Court Baron, may make a generall Attorney to prosecute for them in all Pleas, Westin. 2. chap. 10.

It is likewise provided, that every free man which oweth suite to the County Court, tything, hundred, or to the Court of his Lord, freely may make his Attorney, to follow his suits for him, so it appears that a Copi-holder cannot so do but by assent of the Lord, he may compound to pay a certainty yearly, to release his suit, and that which he hol∣deth he may freely by the Statute; and it seems that the making of an Attorney, ought to be by writing sealed, and not by word, Merton, chap. 10.

A Writ of making an Attorney or receiving, lieth in Court Baron, to make the Attorney to make suit, Fitzh. 175. B. there lieth an Alias, pluries, and an attachment, if he be not allowed, but Copi-holder shall not have that writ, Fitgh. 156. D.

One may make an Attorney to make suit personall, which is in a hundred or other Court Baron; but for suit Reall, at the Leet or turn of the Sheriff, he shall not make that by an Attorney, Fitzherbart, 25. C.

What action shall be sued in a Court Baron by plaint, and what not.

WHere one sues several plaints for five marks, the o∣ther shall have a prohibition. And Detinue of wri∣tings shall not be sued there, and if he doth, the other shall have a prohibition, 5. Ed. 4. fol. 128.

Where 20 l. is parted in severall plaints under 40s. Prohibition lies. Note there it is said. Supersedeas lies, and the Defendant there with safe conscience may wage his Law. But see 48 Ed. 3. Fitzherbart, fol. 46. A.

The Lord himself shall have debt in his Court Baron, for that that the suitors are Judges, time of Ed. 1. Tit. debt, in Fitzh. 177. 6 Ed. 4. fol. 3. Suitors are Judges there.

Debt or trespalle may be sued in Court Baron by plaint,

but that is where the debt or dammage is under forty shillings, that the Defendant in Trespasse plead his Free∣hold, or that the Plaintif is his Villaine, the Court shall cease, otherwise a VVrit of false Judgement lieth, and also it is good exception to the Jurisdiction of a Court Baron, to say that the contract was made out of the Mannor in a∣nother Town, 34 H. 6. fol. 53.

A man shall not have account in Court-Baron, nor in County, 43 Ed. 3. fol. 19.

Plea ought not to be removed in debt or trespasse from this Court, but where a Debt or Dammages amount above forty shillings or in replegiare, but I intend there shal not be a plaint in Replegiare in every Mannor, but in this Mannor where the Lord hath ancient authority by Char∣ter to make Replegiare, yet diverse seem the contrary, see Fitzh. Na. Bre. 14 H. 8. fol. 17.

Trespasse, Damages found eight pence in the common Bench, and the Plaintif recovers, but he cannot there count under forty shillings, and in Court-Baron he can-count above forty shillings, but under that, 19 H. 6. fol. 8.

That Debt and Trespasse shall be sued in Court-Baron Britton, fol. 61.

Detinue of Goods may be sued in a Court-Baron, 6 ••. 2.

Every stranger which comes within the Mannour may be sued there in Debt or Trespasse, under forty shillings, so that Debt, Detinue of Goods, and such actions perso∣nalls (except account) where the Debt or Dammages is under forty shillings, it is determinable in a Court-Ba∣ron by plaint there, 34 H. 6. fol. 53.

Trespasse (by force of Armes) doth not lye in a Court Baron, note that the contrary is used, 7 Ed. 4. fol. 23. Sherif in the County may hold Plea by Justicies of the great Summons, but Justicies shall not be in a Court-Ba∣ron for Justicies shall not be directed to the Steward but to the Sherif, and the Sherif is Judge in a Justicies and Of∣ficer to the Court, but so is not the Steward, 21 Ed. 4. fol. 79. Fitzh. fol. 139. F.

Note that Court-Baron hath no authority to hold Plea of Free-hold, and of that to give Judgment, for execution thereof that is a Dissesin to the Tenant, 22 Ass. 64. Glan∣vile 94. saith, No man is tied to answer in the Court of his Lord of a Free-hold, without the command of the Lord the King.

Right patent may be directed to the Lord to be tried in a Court-Baron, but it cannot be tried there by great Assise, but it seems it may be tried by Battell and if the Tenant ioyne Battell, the Lord may give day to try it, but Fitzh. fol. 4. E. saith, if the Lord will proceed or Issue is ioyned upon the great Assise, prohibition lies, and if Bastardy or any forrain Plea be pleaded, then they have no Jurisdiction in Court Baron, and if they proceed, Pro∣hibition lies. Time of Ed. 1. Tit. Droit. 45. 1 H. 6. fol. 7.

If plaint of Debt or Trespasse be sued there, and forrain matter is pleaded, it shall not be tried in Court-Baron, 1 H. 5. fol. 12.

If in a VVrit of Right patent in Court-Baron for Char∣ter Land, the Lord will not proceed to do right, the Deman∣dant may go to the Sherif and have a (Tolt) which is a command to his Bailif, that he take out the complaint and remove the Plea into the County, and after that also by a (Pone) in the common Bench, but the Tenant shall not have a (Tolt) but he shall have a (Recordare) with the cause, and the Demandant may have a (Pone) with∣out cause, Fitzh. fol. 3. F.

Note that a VVrit of Right patent ought to be sued in the Lords Court and not otherwhere, without the license of the Lord, Testimony of the King, by Letter or other∣wise, that he hath given license and then he shall have his Writ, because the Lord hath remitted his Court in the Common Bench, Nat. Brevium fol. 15.

None may distraine Free Tenants to answer of a Free∣hold nor of any thing belonging to the Free-hold, without the Kings Writ, Marleb. chap. 22.

Coppy-holders shall not be impleaded by the Kings Writ, but shall be impleaded in the Court of their Lord by plaint, in nature of what Writ they will, Lit. fol. 16.

Debt upon a Bill obligatory under forty shillings lieth in a Court-Baron.

Fitzh. 2. E. If a Right parent be sued there in Court-Baron, and forrain matter be pleaded there, or Issue joyned to be triod by great Assise, there shall go a Prohibition.

Fitzh. 39.6. The Tenant may have prohibition direct∣ed to the Sherif to prohibit Bailiffs of the Court where the

Mise is joyned in a Writ of Right upon the Grand Assise, unlesse Battaile were there offered.

Marleb. chap. 20. None except the Lord the King, shal hold Pleas in his Court, of false Judgement given in the Court of his Tenants, because these Pleas especially be∣long to the Crown.

Fitzh. 4. E. If a Plea be held there which ought not, a Prohibition lieth.

Fitzh. 47. b. Detaining of writings shall not be sued in a Court-Baron.

Fitzh. 139. D. If a man hold plea in County of Tres∣passe by force of Armes, the Defendant may sue a Superse∣deas out of the Chancery.

The same Law seems in a Court-Baron, 8 Ed. 4. Tit. Ju∣risdiction.

B. 215. See, Fitzh. 85. G. That trespasse shall be brought in Court-Baron and there see the forme of the Writ, but it is not by force of armes there.

Britton fol. 61. That Debt and Trespasse shall be sued in a Court-Baron.

Fitzh. 85. G. Trespasse Viscountile, there shall not be (by force of armes) in the Writ.

8 Ed. 4. Tit. 115. Trespasse doth not lie in a Court-Ba∣ron, (by force of armes) for a Fine shal not be set but in a Court of Record, and for that it shall not be there, (by force of armes) see Glocester, chap. 8.

22 Ass. 64. If one implead more in a Court-Baron with∣out a Writ and recover dammages, where I plead to the Jurisdiction, and the Court ought to be outed; yet if the Bailif make execution of these dammages by command of the Steward, he shall not be punished in trespasse, for he doth that which he ought to do, till it be defeated by false Judgment, but if it were (before not a Judge) it is void, and otherwise.

9 H. 7. fol. 12. Recovery in the common Bench of Lands in the Countries of Lancaster, Durham, or Chester, is there (before not a Judge) otherwise it is there of recove∣ry of Lands in the (five Ports).

22 Ed. 3. fol. 30. Formedon in the Kings Bench and an Appeale in the common Bench, recovery there in these are void, see 7 H. 4. fol. 3. and 8 Booke of Ass. 32.

Glocester chap. 8. It is provided that the Sheriffs shall

plead in Counties the Pleas of trespasse also, as they were wont to be pleaded, &c.

13 H. 7. fol. 20. Waste, to plead in that is not good, for that that Land shall be recovered, and so in an (Eiectione firme,) and so it is in a (Collegendum,) they shall not be sued here, and by Fitzh. 220. H. Plaintiff shall recover his tearm and dammages.

Littleton fol. 60. If there be two Tenants in common for years, and one put the other out of possession, he shall have an (Eiectione firme) of his half, for that it is to recover a real Chattel. So it seems that shal not be sued here, nor an ejectment of Ward which is in the realty.

Fitzh. 220. H. Processe of outlawrie lies in an (Eiectione firme) and yet he shall recover his Land again, unlesse it be expired, and also his dammages.

Littleton 93. A Writ of wast is a mixt action, so is an Assise of novel disseisin, and a (Quare Impedit) and for that they shall not sue here.

Action upon the Statute of 8 H. 6. nor upon the Sta∣tute of R. 2. shall not be sued here, for that that they are given by Statute: but an action upon the case may be sued here if the dammages are under 40. s.

Plaint in Precipe.

TRespasse in one tenement with a Toft adjoyning, con∣taining four Acres of land, agreed that this word (Tenement,) is uncertain. 3. E. 4. tit. 28. 11. H. 7. fol. 25. (te∣nement,) is no tearm to demand a house or shop. 45. Ed. 3. fol. 6. Precipe of land in D. it is a good Plea that there is no such town.

41 Ed. 3. fol. 22. Precipe in D. and S. for that, that D. is a hamlet of S. and he demands a thing twice, the Writ shall abate.

8 E. 4. f. 6. Precipe doth not lie in a hamlet, but in a town, or a place known out of a town; but all Actions personall may be brought in hamlet, or town, or place known.

Dower, Assise, and Scire facias, to have execution of a fine, it may be brought in a hamlet.

16. E. 3. Precipe of a peice of land without certainty, is not good, but of a peice of land containing so much, is good: see before, 11. H. 4. fol. 38.

13. H. 4. Tit. 33. Dower of a Mill, though after the wit∣nesse of the Writ it was made a (Toft,) it is good; o∣therwise if it were made a tost before the witnesse of the Writ. 14. H. 4. tit. demand 5. the same.

13. H. 6. fol. 8. Upon two Verges of the Land are built houses, and they are meadow and pasture; they are now to be demanded as they are, not as before when they were ver∣ges. Fitzh. 192.

6. Ed. 2. tit. 41. Precipe of passage over a water, &c. good.

27. H. 8. fol. 14. Precipe is not good of a Common, but of pasture for two beasts is good. 4. Ed. 4. fol. 2. the same.

22. Ed. 4. fol. 13. by Jenney: A man shall have a Preci∣pe quod reddat of a house and garden, but he shall not have a Precipe of a garden alone.

For that, That Plaints shall be made for Copi-hold in nature of Precipe, let us see of what, and how plaint of Precipe shall be made.

PRecipe may be of a chamber, and yet foundation may perish, for that it is not in perpetuity. 5. H. 7. fol. 9. con∣trary, H. 6.

11 H. 7. fol. 24. Trespasse may be brought of trespasse in a hamlet, and Precipe shall be brought of land in a town, and not in hamlet.

16 H. 7. fol. 7. Assise doth not lie of a Rectory: Seek if an (Ejectione firme) lyeth of that.

9. H. 7. fol. 21. Precipe of lands in D. by Bryan: over D. and nether D. is good in abatement.

7. H. 4. fol. 9. Wast in D. it is a good plea in abatement, that D. is neither town nor hamlet.

11. H. 4. fol. 38. Precipe that he should restore a certain portion of land, is good by Hank and Hill.

6. Ed. 3. tit. Demand 41. precipe of 8 foot of land in length and 6 in bredth, and good.

13. Ed. 3. tit. 32. & 33. Precipe of an Oxgange of land, is good: Contrary of an Oxgange of marsh, for that can∣not be gained, tit. demand 33. & 36.

40 Assis. 9. Precipe shall be brought in a town, and not in a hamlet. 34. H. 9. fol. 1. the same.

34. H. 6. fol. 20. Precipe shall be in a town, or of a Man∣nor which is a place known out of a town, and not in a

Hamlet. But an Assise in a Hamlet is good, and also in Dower.

Who hath most Right, and Right ought to be sued there.

LIttleton fol. 91. If a man be disseised by an Infant, the which alieneth in fee, and the Alienee dies seised, and his heir enter, the Infant within age, he may have a (Dum fuit infra aetatem) or a Writ of Right, or (Entry) at his e∣lection: for he hath more right then the heir of the Alie∣nee. But if the Disseisee release to the heir of the Alienee, if now he bring a Writ of Right, the issue shall be upon the meer right, and shall be fonnd for the heir, for now he hath more right by the release of the disseisee.

Littleton fol. 93. If a disseisor die seised, and his heir in by discent, if the disseisee enter, and the heir of the dissei∣sor brings an assise, he ought to recover: But if he brings a Writ of Right, the issue shall be upon the meer right, and there the heir shall be barred; for the disseisee hath more right.

Right Patent is to be directed to the Lord, of whom the land is held, unlesse it be held of the King or Queen, and it is as a Commission to the Lord; that he shall do Right. And it may be removed by a (Recordare) by the Tenant with cause, and by a (Pone) by the demandant without cause, and after that it be removed in County, it may be re∣moved by the demandant by a (Tolt) Fitzh. fol. B. and Britton fol. 275. where the Tenant puts him upon the grand Assise, it shall be removed, Fitzh. fol. 1. F.

Where Judgement final shall be, and where not.

IN a Writ of Right, Judgement final shall be given; but after the mise joyned, and upon every recovery upon de∣parture in despight of the Court, Judgement final shall be. As in Right against a Prior, which voucheth common Cryer, which en••reth into the Warranty, and the deman∣dant Imparles, and at the day the Vouchee departs in de∣spight

of the Court, and upon this Judgement final given. 26 H. 8. f. 10. 12 H. 7. f. 10. If the tenant in Writ of Right joyn with the mise, & after depart in despight of the Court, Judgement final shall be given. So if he joyn the Mise by a Champion, and makes default, Judgement final shall be given; but if he make default at the Nisi prius, and upon a petty Capias, yet he cannot save his default, Judgement final shall not be. The same Law if he make default after default, before the Mise joyned, Judgement final shall not be.

Fitzh. fol. 11. If a man loose by default in a Writ of right before the mise ioined, yet he shall have a Writ of right against him which recovers. But after the mise ioined it is otherwise, for then upon default after the mise ioined the iudgement shall be finall as well against the defendant for his non-suit, as against the Tenant, if he make default af∣terwards.

10 H. 6. fol. 2. Right, the Tenant vouches, and the vou∣chee comes in and joins issue, and the demandant im∣parles till the next day, and at the day, the Tenant was demanded and makes default, judgement final shall not be given against the vouchee there.

1 H. 6. fol. 7. Where the mise is joined by battell in right, and after the champion of the Tenant maketh default, judgement finall shall be given.

Time of Ed. 1 Tit. 44. if the Tenant make default af∣ter the mise joined, he shall loose the land for ever, if he cannot save his default.

3 H. 6. fol. 37. If the Tenant in right saith, that he hath more right, ready to try by battell, and the plaintif rejoin, and day given, and at the day, the Tenant makes default, And for that, that the Justices see a fine, by which the Te∣nant hath but an estate tail, they advise of the iudgement, and clearly where the Tenant makes default after the mise ioined, if it were fee, iudgement finall should be.

Processe in Court Baron, is summons, attachment, and distresse, which is processe at the common law, 34 H. 6. fol. 53. and 37. H. 6. fol. the same.

By Martin, one cannot have a Capias in Court Baron, nor execution there (by Capias to satisfie) but the natu∣rall excution and processe is, attachment of goods, as af∣ter more at large appears, 3 H. 6. fol. 56.

Processe upon plaints for Coppy-hold land, is the same processe, which is at the common law, in nature of what Writ the plaint is.

Amerciament in Court Baron for suit and otherwise, and what remedy for that, and where it shall be moderate.

MOderata misericordia lies, where a man is amerced in a Court Baron outragiously, and upon that also li∣eth, Alias, pluries, and attachment. But if the amerciament be affirmed by equals, moderata misericordia, doth not lie, 10 Ed. 2. Tit. action upon the Stat. 34.

And note, that this is the cause, that in all Court Barons three are sworn to ratifie the amerciaments, after that the homage hath presented the offences, and Bracton calls them Trustees, Amercers, and Affirmors, also it seems to be by the statute of Magna Charta, chap. 14. and by Westminster, 1. chap. 6. which is that a man be not amerced, but by his e∣quals, Fitzh. fol. 75. A.

Debt lieth by the Lord, for amerciament in his Court Baron affirmed, and there held that the defendant may wage his law in this action, also amerciament may be in Court Baron upon the plaintif, if he be non-suited, and upon the defendant if it be found against him, or if he fail of his law, Statham, 12 R. 2. fol. 65.

A free man shall not be amerced for a small fault, but according to the manner of that fault, and for a great one, according to the greatnesse of the fault, saving to him his freehold, and to a Merchant saving his Merchandize, and to a villain saving his waynage. And upon this Statute is (Moderata misericordia) founded, as appeareth by the Re∣gister. And Glanvile saith, there is also mercy, because who by the oath of lawfull men is amerced, shall loose no∣thing of his honourable freehold, Magna Charta, chap. 14.

If the Lord of his own head amerce any Tenant or party in the Court Baron without cause, the party may have a trespasse, if he be distrained for that amerciament, Fitzh. fol. 75. C.

If the Steward or the Bailiff wil assesse any amerciament without confirming by two upon their oaths, after that the homage hath presented the offenders, there is a special Writ, thereupon the Stat. of Magna Charta, chap. 14. upon

these words, that none shall be put upon the aforesaid mer∣cies, but by the oath of good and lawfull men, so that the Steward cannot confirm the said amerciaments, by this Statute, but the affirors or affirmors, Fitzh. fol. 76. D.

Amerciament in Court Baron, which is the 12. and 13. Ar∣ticle of the Charge, for a Trespasse done to the Lord, and what remedy for it.

LOrd of Court Baron may have an action of debt in his own Court for amerciament due to him, * 1.199 for that, that the Suitors are Judges there, and not the Lord in his Lord∣ship. Time Ed. 1. Tit. 177. and Statham, 12. R. 2. fol. 5.

Debt lieth by the Lord for amerciament assessed in Court Baron, and affirmed there, and Bracton saith, that the as∣cestors shall confirm, that they shall oppresse none for hate, nor ease others for love, and that they shall not con∣ceal those things which they heare, so that the Lord can∣not amerce for trespasse done unto himself, unlesse by cu∣stome and usage, otherwise it is extortion.

The Lord cannot amerce a man in his own Court, for trespasse made to himself by the Law, but he may by cu∣stome; but if he levie the amerciament, it is a good barr in trespasse, be the custome so or not, and if it be not used, it is extortion, 12 H. 4. fol. 9.

It seems that for a small trespasse made to the Lord, he may be amerced in the Lords Court, and if it be confirmed and paid, the Lord shall not have trespasse of that, 14 Ed. 4.8. and 7. H. 4. fol. 8.

If Tenant be amerced in the Lords Court, for trespasse to the Lord, it is extortion, but if the Lord accept the a∣merciament, it is good satisfaction for the prespasse, and good barr in trespasse, 48 Ed. 3. fol. 8.

In trespasse by the Lord, it is a good barr that the tres∣passe was affirmed by the Suitors, 48 Ed. 3. fol. 8. and 47. Ed. 3. fol. 19.

Attachment in Court Baron upon debt or trespasse or in any other action, it seems that he shall forfeit the thing at∣tached upon default, and what thing shall be attached, and what not, let us see.

By Billing, Wangford, and Needham, that in (Pone) in Court Baron the goods attached, if he make default shall be forfeit to the Lord, tit. Court Baron, 1. Brook re∣port, that 37 H. 6. is contrary, but this is not in the long report, 34 H. 6. fol. 49.

If a Bailif attach a beast in Court Baron, and it was re∣turned attached, and doth not come, it is forfeit to the Lord, 28 H. 6. fol. 9.

If the Sherif attach a Cow the property is not out of the defendant, till he make default upon return of that, and if the Sherif leave the Cow attached with the defendant, yet if he make default it is forfeit to the King, and the She∣riff may take it with him at the first if he will, 9 H. 7. fol. 6.

By Brian, a plaint cannot be affirmed in a Court Baron, but the Court sitting, and so attachment shall be awarded, the Court sitting, notwithstanding it is used otherwise, 21. Ed. 4. fol. 79.

By Babington, that attachment shall be by a meer chat∣tel, which shall be forfeited by default of the party; but it shall not be by a chattel real, as a lease for years, or a ward, nor for apparrel, 7 H. 6. fol. 10.

That attachment shall be of chattels which a man may forfeit by outlawry, 26 H. 6. Tit assise, 14.

By Moyle, That no goods shall be attached but the pro∣per goods of the party, and not the goods which the party hath in pawn, or that he hath borrowed, 35 H. 6. fol. 25.

The precept of attachment is made, as it follow∣eth, &c.

IK. Steward to the Bailiff of the same, health; * 1.200 because I.S. complaineth against I. D. in a Plea of debt of 30 s. or in a Plea of Trespasse, if the Plaintiff sue a trespasse, &c. or in a Plea of detaining, &c. and find pledges to prosecute, &c. There∣fore I command you, that you shall attach the aforesaid I. D. by all his goods and chattels, to answer the aforesaid I. S. in

the Plea aforesaid, at the next Court there to be held, and have there this precept and how, &c. Dated the 23. of April, the year of the Raign of Queen Eliz, &c. 22.

By me I. K. Steward.

Note, that in a Court Baron a man shall be attatched by goods, and there shall issue no Capias there.

Where the entry is, The great Court of J.S. there held, this is but a Court Baron. And where the entry is, To the great Court with Leet, it is presented, this is uncertain and not good; for the entries shall be several as it follows afterwards, 10 Ed. 4. fol. 17.

By-Laws.

I entend that By-Laws and Paints, which is the 21 Article of Charge, may be made in Court Baron as well as in Leet.

IT is said that a town may make by-Laws, 11 H. 7. fol. 14. and 44 Ed. 3. fol. 19. and that where by-Laws are for the Common-wealth, are good; and it is general, that by-Laws may be, and it is not material in what Court, so I intend, for these causes were made in Court Baron.

By-Laws for inheritance shall not bind, but those which were parties to it, and not any other which was no party, 15 Eliz.

One by-Law may order the Inheritance of a man, but cannot dis-inherite any, by Manwood 15 Eliz.

By-Law may be made in Leet, and may be in a town by Harper, and shall bind every one, if it be for the Com∣mon-wealth, and otherwise not, but onely he which agrees, and not an estranger, 11 H. 7. f. 14.

One avows taking of distresse, and prescribes, that, &c. there was a custome had, that all the tenants or the greater part of the tenants of this Mannor, and other the residents and Inhabitants within that Mannor, or the greater part thereof to the Court Baron of that Mannor, held at the said Mannor, were used and acustomed to make Laws, cal∣led by-Laws, which proves that by-Laws may be made in Court Baron as in Court Leet.

2 Eliz. Dier saith, That a Steward by assent of the te∣nants in his Court could not by the Law apportion him∣self, and the residue of the tenants, of their Common for sheep, if they have that by the grant of the Lord himself; But if they have that by prescription, otherwise it is: And they may agree, that he which surcharges shall pay to the Lord so much, but then it behooveth the Lord to shew au∣thority by prescription, that his tenants have made such by-Laws of the Commons, and other things of Land, of time whereof, &c. and ought also to prescribe, that he had used to distrain for that, but if such amerciament had been paid without distresse of their accord, this is good evidence to the prescrption of distraining.

Copy-holders.

Now let us see of Copy-hold, which is the 22 Article of the Charge, and first, what interest a Copy-holder hath by the Law, and what by the custome.

TRespasse by Tenant by Copy, it doth not lie against his Lord for his Copy-hold. Besides Danby and Bryan, 21 Ed. 4. But he shall have a Subpena against his Lord, and not a trespasse. 7 Ed. 4. fol. 19. And at ths day it is held that a trespasse lies.

Tenant for life by Copy, shall say in his pleading, that he is seised in his demesne as of a freehold, according to the custome of the Mannour, and if he hath fee, that he is seised in his demesne as of fee, according to the custome of the Mannor, and justifie not that they have no freehold at the common Law, but by the custome; so that Copy∣holder hath fee and freehold by the custome, and not by the common Law, as it seems by this book. 21 Ed. 4. fo. 96.

Trespasse against the tenant by Copy, hath aid of his Lord, 15 H. 7. fol. 10. and 21 H. 6. the same.

Copy-holder may have trespasse against one of trees cut, though that the Freehold be in the Lord. So by this it seems, that he may have trespasse against every one for trespasse made upon the Land, but against the Lord, 2 H. 4. fol. 13.

The Dean of Pauls hath a Lordship of Ploughers, and

all the tenants are tenants at will, and the freehold is in the Lord; and there i•• appears, that a Copy-holder may have a trespasse at the Common Law, against one which makes a trespasse upon his land, but he cannot sue action at the Common Law for the land, nor remove that suit out of the Court of the Lord, 1 H. 5. fol. 11.

The Lord shall have the wood of the Copy-hold, and sell it, unlesse the Copy-holder have that by custome, as in many Mannors he hath, 2 H. 4. fol. 13. and 43 Ed. 3. f. 32.

Tenant by Copy at will, which is called tenant of base tenure, if he be outed, shall not have a Right close, but sue by Bill in the Court of the Lord, and in times past a Copy-holder was called a tenant in villenage, or of base tenure. Fitzh. f. 12. B.

Tenant by Copy or by verge at will of base tenure, shall never have a (Monstraverunt,) But the Copy-holder in an∣cient demesne of freehold shall have it, Fitzh. 14. D.

If my copy-holder enfeoff one, I may enter for forfei∣ture, 11 H. 4. f. 81.

Tenant by copy cannot alien his land by a deed, for if he do, it is forfeit, Littleton f. 15.

If a man lets a Mannor for years, in which there are co∣py holders, and after a copy-holder dies, surrender and admittance by the Lord the termor in Court of that Mannour, is as well as if he had the fee simple, 4 Mar. tit. Copy, Br. 1.7.

Copy-holders shall not have false Iudgement, for then they shal be restored to the freehold, or shal not lofe the free-hold, but ought to sue by Bill, that is to say, by Plaint in Court, 7 Ed. 4. f. 19. the same Littleton, f. 16. They shall not be impleaded by the Kings Writ, but by Plaint in the Lords Court in nature of what t•••• VVrit will, Nat. Brevium fol. 16.

Coppy-holders have an Estate of Inheritance according to the custome of the Mannors, yet they have no Free-hold by the course of the Common Law, Littleton fol. 16.

Tenant by Copy shall make scalty to his Lord and Te∣nant at will by the Common Law, Lit. fol. 17.

It is said, though Coppy-holders have Inheritance accor∣ding to the custome, yet they have but an Estate at the will of the Lord, according to the course of the Common Law, and cannot have Frespasse against their Lord; yet

they may bar their Lord in trespass brought by the Lord a∣gainst his Coppy-holder, as it appears, lit. f. 15. and 16.

Tenant by the Verge in ancient Demesne.

LAnds hold by the Verge, are not pleadable by the Kings Writ but by Bill, for that, that the Free-hold is in the Lord, but there is a diversity between plow-holders of frank tenure, and Plow-holders of base tenure, which are dwelling in ancient Demesne, for Plow-holders of Free-hold are pleadeable by a Writ of Right close, but Plow-holders of base tenure are those which hold by Verge at the Will of the Lord, and the Free-hold is in the Lord, and are not pleadable by a Writ of Right close, 14 H. 4. fol. 1. and 34 Fitzh. fol. 14. C.

Tenant by coppy which holds by the Verge in ancient Demesne, commits Felony and was attaint, the King (hath yeare, day, and waste) for that, that the Free-hold was in the Tenant in ancient Demesne, and yet they have no o∣ther evidence then copies of Court Roll, otherwise it is of meere Coppy-holders which are out of ancient De∣mesne, for the Free-hold is in the Lord, I have seen in the County of North: Coppy-holders of frank tenure out of an∣cient Demesne, and have used a Writ of right close, and have no other Evidences but by coppies, according to the custome of the Mannor, but their Coppies are not at the will of the Lord, 3 Ed. 3. Tit. Br. 22. Stamford fol. 50.

Fitzh. 11. Coppy-holder of a base tenure shall not have a Writ of Right close, but ought to sue by Bill in the Lords Court.

Nat. Bre: 11. Right close lieth alwaies between plough∣holder and no plow-holders may implead another plow-holder of Lands within ancient Demesne, unless by this VVrit, and shall make his protestation to sue in nature of what Writ he will.

Britton fol, 16••: Calls Tenants in ancient Demosne Plow-holders, and saith, that Plow-holders are such which gain our Land.

Fitzh. 14. D. Those Tenants in ancient: Demesne which hold by the Verge by Coppy at the will of the Lord shall not have (Monstraverunt) against their Lord.

Where a Coppy-holder enters, and dies before be was admit∣ted Tenant.

IT was held in the case of one Horewood, that where a Coppy-holder hath a Daughter by one Belly, and a Son and a Daughter by another, and dies, and after the Son en∣ters and dies before admittance, that the Daughter of the second Belly shal have the Land, for it is (a possession of the Brother) and so it was adjudged in the case of one Stegnes.

These Cases following I heard agreed for Law.

IF Tenant by Coppy surrender generally into the hands of the Lord, and it do not appeare who shall have the Land, nor to what use the surrender is, then the Lord shall be seised to his own use.

If Tenants by Coppy let for yeares by license of the Lord, and after release to the Lessee by these words in the Court (remise and release) it is void, for that it ought to be surrendred into the hands of the Lord, and then the Lord ought to grant the Reversion to the Lessee; for by Littleton fol. 15. It cannot passe without surrender, and yet a Release is used of Coppy-hold in the Court in pre∣sence of the Steward.

If the Lord grant parcell of his Demesne Lands, to hold by Coppy, to one and his Heires, this Coppy is not good, but at the will of the Lessor, for one cannot make Coppy-hold at this day, but that shall be by prescription, which hath been demised and demisable by Coppy, time out of minde, &c. But if a Coppy-hold escheate to the Lord, or he enter in that by forfeiture, and at this day grant that o∣ver to J.S. by Coppy, this is good Coppy, and yet, in 13 H. 4. fol. 7. If Lands in ancient Demesne are escheated, and the King seiseth them, and grants them over to J. S. they are frank fee and not ancient Demesne.

6 H. 4. fol. 2. But if a Coppy-hold shall be escheated to the Lord, and twenty yeares after that, he grants them o∣ver by Copy againe, they are Copy-hold as they were before, for that, that this Land hath been demised and de∣misable, time out of minde, &c.

If two be Joyntenants by Copy, and one of them makes

waste in all the Land, that shall not be forfeiture, but for his part, and also if a stranger cuts Trees and makes waste without assent of the Coppy-holder, it is no forfeiture.

If the Lord of a Mannor, to which there are Coppy-holders grant by Copy the tenements of one tenant Cop∣py-holder without just cause, to another Tenant in Fee or for life, and the Grantee enter by vertue of that grant, this Tenant which hath right, and which was admitted before, may have a plaint in nature of an Assise of novel disseisin a∣gainst the Grantee.

If the Husband surrender into the hands of the Lord, to the use of his Wife, and doth not say A. his Wife, it is a good surrender, for she is certainly known by that name; the same Law is, if one surrender into the hands of the Lord to the use of J. his Son, and hath two Sons named J. it is to the use of that J. which it is ment to.

If Tenant by Copy surrender his Lands by custome of the Mannour, to two good men out of the Court, to the use of a stranger, and that made for Money paid, he which surrendred cannot countermand his surrender before the two good men have presented it at the next Court, for it is much like acknowledging of a Fine before a Justice of Record, but where the surrender is to two, to the use of his Wife or Son, and not to a stranger for Money paid, by one lying in extreamity in perill of death, and after he revives, he may well countermand his Surrender, before it be presented in Court, or after, if it be not by that admit∣ted afterwards, and that is often used, and stands with reason, and so is the Law as it seems to me.

If Tenant by Copy of Court-roll be attaint of Felony or Treason, the Lord of the Mannour may enter, for Tenant by Copy is but Tenant at will, according to the Common Law, though he hath Inheritance by the custome.

If a Copy-holder surrender into the hands of the Lord, to the use of another and his Heires, if the Lord will not admit him Tenant, then the Land shall remaine in him which made the surrender, and yet he to whose use it was made, may sue by a petition, or by a Subpena to be admit∣ted.

If one which hath no right, and was not admitted, sur∣render to the use of another, and he to whose use the sur∣render

is made, enters into the Land and is admitted, yet he which hath right may re-enter and out him, notwith∣standing the Grant of the Lord.

But it seems if a Coppy-hold descends to J.S. and he, before that he is admitted Tenant, surrender that to the use of J. D. and the Lord by his Steward in Court grant Sei∣sin and admits him Tenant, it is said to be a good surren∣der, and J. D. shall injoy the Land against J. S. and his Heires: Seeke, for in the case against Roo, the Issue was, if he were admitted according to the custome of the Mannor or not, * 1.201 and yet this is no disproofe of this opinion, but if a Coppy-holder surrender to the use of J. S. J. S. cannot surrender before he be admitted.

The Lord of the Mannour (where the custome is that the Tenants hold by Copy) is Chancellour within the same Court, * 1.202 and may redresse matters there in conscience where a Bill is exhibited to him, * 1.203 so that the Coppy-holders are no Judges in the Court.

If an under Steward hold a Court-Baron without autho∣rity of the Lord or high Steward, * 1.204 and the Lord agree and do not contradict the Steward, and there be surrenders made, and admittances of Copy-holders in the Court, this is good, but if he take a surrender and admit one out of the Court without authority of the Lord or high Steward, it is not good, notwithstanding a lawfull Steward, as it seems may take a surrender out of the Court, and admit∣tance made out of the Court is good, if it be entred in the Court-Roll, that he is admitted and hath paid his Fine, and hath done fealty.

And if one holds but one Court by appointment of the Lord, where another hath a Patent to be Steward, and is absent, surrender taken and entred in this Court is good, and also is admittance, 2 Ed. 6. Tit. 26.

Note that the high Stewards are for most part men of honor, * 1.205 and great men by patent, and their under Stewards are men learned and are appointed by them, and without Patent, and the use is, that they which are under Stewards to such men, take Surrenders out of the Court, and they are well taken by such under Stewards, and the parties are admitted in the Courts held by them, that is in open Court, and also no doubt, when such under Stewards take surren∣der

out of the Court, and that is presented by the Ho∣mage, as the usage is in the Court, and the party admit ac∣cordingly, this is good, for without authority these are not, for if J. S. make a command to the Bailiff, to warne the Court to be held such a day, and it is warned, and J.S. keeps the Court and is not contradicted by the Lord, sur∣render taken by this J. S. out of the Court, and presented and entred in this Court, is good, though that J.S. have no Patent of his Office, for it is not without authority, for if he cannot keep Court without a Patent, then to every Court it behoveth the Steward should shew his Patent, which is not used, and was never in Issue, whether the Steward had a Patent or not, nor if J. S. be Steward or not, and specially if he keep the Court warned by his com∣mand by diverse daies, before the Court kept, or if the Lord agree that he shall keep the Court, and it is inconve∣nient that for defect in the Steward which takes surrender out of the Court, and enters it in the Court by the allow∣ance of the Homage, but that it should be good, other∣wise one may say thirty or forty years after, that the Ste∣ward had no Patent of his Office, which is inconvenient, and ought not to be.

Where the Steward of the Bishop of London of his Mannor of Hornesey, hath a Patent of his Office with con∣firmation of the Dean and Chapter by the name of Aldred Fitziames, where his name was Etheldred, surrenders taken by him out of the Court, and at the next Court are entred, it is found by the Homage that such surrender was made, &c. and at the same Court the Tenant is admitted accor∣dingly, and though that his Patent in time of the Succes∣for after in Assise against him be defeated by mis-naming or by other cause, yet the Surrenders taken by Aldred Fitz∣james (during all the time of twenty yeares before his Patent was defeated) are good and perfect, for that, that the surrender was, it is found by the Homage, and also for that he was the known Steward, and also for that he is Judge, 33 H. 8. Br. Charge 58. Confirm. 30.

The same Law seems in the same case, if the entry were it is witnessed by the Steward or at this Court it is inrolled, so, that is to say, that J.S. came before the Steward (the Court being absent) and surrendred, &c. and in full Court the admittance is accordingly, this is a good surrender,

though it be not entred, it is found by the Homage, &c. for the entry of admittance is.

The Lord by A. Fitziames Steward gave him Seisin thereof, and it is that the Lord by his Steward admitted him, and for that it is good, insomuch that to that is the as∣sent and grant of him which surrendred, and also of the Lord.

The same Law if the high Steward to J.S. which hath no Patent in writting of his Office, takes a Surrender out of the Court, and at the next Court enters that, at the next Court it is inrolled, so that J. S. came before the Steward (the Court being absent) and surrendred, &c. And he to whose use the surrender was made be admitted in full Court, this is a good surrender.

The same Law is like, if J. D. be Steward to a corpora∣tion without a Patent of his Office, and takes surrender as above, out of the Court and at the next Court enters it, at this Court inrolled, so that J.D. such a day came before J. D. Steward and surrendred, &c. And he to whose use the surrender is made is admitted in full Court, this is a good surrender, for that, that the Steward doth in a Court of copy-hold, he doth it as Judge and is allowed Judge by the Lord.

The same Law is, if the Steward which is out-Lawed in a personall action or excommunicated, take a surrender out of the Court, and at the next Court enter it, it is witnessed by the Steward, and such a surrender is made, and admits him to whose use the surrender was made in full Court, though it was not found by the Homage, yet this surrender is good.

If a Judge or a Justice be out of his Wits, yet the Fines, Judgments, and other records which were before him shall be good, but contrary the gift of an Office, or such like by him, for that is a matter indeed, and the others are matters of Record, for a matter in deed may be avoyded (by being out of his Wits) contrary of matter of Record, 1 Ma. Tit. whilest he was not in his Wits 7.

The same Law is, if the under Steward takes a surrender out of the Court, and at the next Court makes his entry of it, at this Court it is witnessed that J. D. surrendred, and in full Court he to whose use the surrender is made, is ad∣mitted, this is a good surrender, though it be not also (it

is found by the Homage) for when he holds Court, he is a Judge between the Lord and the copy-holders, and yet, 2 Ed. 6. Br. Court-Baron 22. and copy-hold the 26. is, if the under Steward holds a Court-Baron, and in full Court grants copy-hold without the authority of the Lord or high steward, this is good, contrary Law where it is done out of the Court, for it seems if the under Steward grants copy-holds, it is intended that if he admits any out of the Court without authority, it is not good, for it is, the Lord granted by his Steward, and not that the Steward granted, for he cannot grant. And also the high Steward may admit out of the Court, by speciall usage and custome within the Mannor used, for one which holds by copy of Court roll, ought to have his Estate entred in the Court held, and his admittance to be entred in the Court, and for that if the under Steward or the high Steward which hath no Patent, as above, take surrender out of the Court, and present that in Court, and the Tenant be in the Court admitted, it is good, for it is the Lord by his Steward hath admitted, and the admittance makes him a copy-holder and the Entry of that in Court makes him Tenant by copy of Court roll, for copy-holder is he which holdeth by copy of Court roll, so where one admitted in Court and the Lord allowes a Steward, is good.

If a copy-holder of an Estate in fee, according to the custome of the Mannour, by license of his Lord let for twenty yeares rendring forty shillings yearly, he may have an action of Debt in the common place for this Rent, or as it seems he may distraine and avow, and yet the avowrie is in the nature of an action reall, and it seems no doubt if the Rent be reserved by Deed Indent, but that he may distraine and avow, and yet if (he to whose use) before the Statute of 27 H. 8. lets by Indenture for yeares, ren∣dring Rent, he to whose use shall have Debt for that Rent, but he cannot avow, and if the Lessee in this case make waste, he to whose use, shall not have an action of wast, 26 H. 8. f. 8.

The same Law is, where a copy-holder by the custome of the Mannour is not punishable for waste, by license of the Lord makes a Lease for thirty yeares, and the Lessee makes waste, the copy-holder shall not have a Writ of

waste but shall sue in the Lords Court, to punish this waste by plaint, in nature of an action upon the case.

If a coppy-holder of an Estate taile by license of his Lord let for twenty yeares, rendring the ancient Rent, and dies, the Issue in taile may enter and defeat the Lessee, but if the Tenant in taile of coppy-hold let for forty years by the Lords license, and after the Lease makes a forfei∣ture of his coppy-hold, and the Lord seises it, and grants that over again by copy to the Tenant in taile and his Heires, or to J. S. and his Heires, it seems there the Issue of the Lessor, nor J. S. nor the Lord cannot enter and de∣feat this lease.

The same Law is, if a coppy-holder of an Estate taile lets for forty yeares by the Lords license and dies, and his Issue surrenders to J. S. and his Heires, this Issue nor J. S. cannot enter and defeat this Lease.

To this Court came T. R. and did demand license of the Lord to demise all and singular his customary Lands and Tenements, scituate, lying, and being within his Lordship, to what person or persons the said T. R. pleased, to the tearm and for the tearm of 21. yeares next follow∣ing the date of this Court, to which T. R. the Lord gave license in form aforesaid, for the Fine often shillings paid in the Court, at the view of the Lord of this Mannor.

And it is used that the Steward in ful Court, licenses a co∣py-holder to lease a copy-hold for 20. or 40. years, more or lesse, at their pleasure, in the absence of the Lord, and this seems good, for he is Judge in the Court, and when he makes it and enters it in the Court roll, the Lord cannot enter for forfeiture, because of this lease, for when the Steward hath entred it, that at this Court T. R. craved license of the Lord to let, &c. to whom the Lord gave license, &c. the Lord is estopped to say the contrary, but that he gave li∣cense, the same Law is, where a coppy-holder is admitted in Court and is entred in the roll, to whom the Lord by such a one his Steward, granted him Seisin, the Lord can∣not afterwards gainsay this admittance, and this is to be collected of the case aforesaid, in 2 Ed. Brok. Court-Baron 22.

If a man lets a Mannor for yeares, in which are copy∣holders, and after a copy-holder dies, the Termor of the Mannour grants the Land by copy for three lives, this is

good, the same Law is if a Copy-holder of Inheritance surrender in the Court of the Termor of a Mannour, to the use of one and his Heires, it is good, so that the Lord for the time being may take surrender in his Court, but in the first case, such a Termor of a Mannor cannot let a Copy-hold reserving lesse Rent then the ancient Rent, but ought to reserve the ancient Rent or more, 4. M. 1.

But it seems if a Disseisor of a Mannour be, and the Disseisor seises a Copy-hold by forfeiture, or Escheate, and grants that over by Copy to a stranger, and the Disseisee enter in the Mannor, this surrender shall not binde the Disseisee, and yet if a Copy-holder of Inheritance furren∣der in the Court of the Disseisor to the use of J. S. and his Heires, this is a good furrender, and shall not be avoi∣ded by the Disseisees, nor otherwise by him which surren∣der, nor by his Heire.

In pleading of a copy is, that the Lord by such a one his Steward did demise, and not that the Lord did demise, and also that a Woman be alone, and privately examined by the Steward, and it behoveth in pleading, to say by such a Steward, and name the name of the Steward, and for that it is good order to expresse in the copy and the Court-roll that to this Court came J. S. and Alice his Wife (she alone and privately being examined by J. K. the Steward) there, and to set the name of the Steward to every copy, and al∣so to every Court-roll, for pleading in divers cases, 〈◊〉〈◊〉 the Lord by J. K. his Steward, granted him Seisin by a Rod, &c. 8 H. 5. fol. 4. and 10 Ed. 4. f. 6.

Limitation.

THE Statute of 32 H. 8. chap. 2. extends to copy∣holds, for the Statute is, that none shall make prescrip∣tion, Title, nor claim, &c. above forty yeares, &c. and that doth a copy-holder, and for that is within the Sta∣tute, 6 Ed 6. Brook Limitation 2.

38 H. 8. chap. 1. Copy-holder which is Tenant in com∣mon, is not compellable by this Statute to make partition, for the Statute gives remedy for one Tenant in common against another, by a Writ of (making partition) and it

seems that a Copy-holder is not within the Statute of, 27 H. 8. chap. 10. of Joynture of Women, for that Statute bars Women which have Joyntures before Marriage to have Dower, that is of Lands given in Dower by the Law, and not by custome.

Where a copy-holder by the custome may surrender his Land out of the Court, into the hands of the Lord by the hands of two copy-holders, or one to the use of J.S. and a copy-holder so makes surrender to two and one dies, or both dye, before the next Court, and yet Homage findes it, this is good surrender, and J. S. shall be admitted.

Tenant by copy of Lands of the nature of Gavell∣kinde hath Issue two Sons, his eldest Son hath Issue a Son and dies seised, this Land shall descend to the youngest Son and to his Nephew, the same Law is if the Son have Issue a Daughter and dies seised, this Daughter and the youngest Son shall have this Land by discent, and yet the Statute of Prerog. Regis, chap. 16. is, that Women shall not share with Men.

Tenant by copy surrenders to the use of one for life, the remainder to the use of one most neere in blood, and hath Issue two Sons, the eldest hath Issue and dies, the Te∣nant for life dies, the youngest Brother shal have the Land and not the Issue of the eldest Brother, for the youngest Brother is more neere of blood to his Father, then is the ••on of his eldest Son, by wich, 30 Ass. 47. but the youngest Son is not next Heire.

Where the copy-hold is of the nature of Borrough English, and this copy-holder having three Sons surrenders this to the use of his youngest Son in taile, the remainder to the use of the Heires of the Body of the Father ingen∣dred, and for default of such Issue to the use of the right Heirs of the Father, and the youngest Son dies without Issue of his Body, it is said that the eldest Brother shall have this as Purchasor.

Two Joyntenants of one copy-hold are, and one surren∣ders his part to his companion for life, this is a severance of the Joynture, Lit f. 56.

Where the custome of a Mannour is, that the youngest Son shall inherit by discent the copy-hold, and A. being a Villaine, purchase copy-hold there, and the Lord seises

them, and grants them out of his hands by copy, the y••••ngest Son of the Grantee shall have this by discent.

If the tenant by copy of Court-roll hath paid to his Lord more Rent then he ought, and the Lord of that Sur∣plusage of Rent was seised by the hands of his tenant, yet the tenant shall avoid that in Avowry, for he is but te∣nant at will by the course of the common Law, otherwise it is of very tenant of charter land.

Where a copy-holder in Fee surrenders into the hands of the Lord to the use of J. S. without more, all is in the hands of the Lord; and the Steward admits J. S. to have and to hold to him and his heirs, yet J. S. hath an Estate in Fee, and yet the admittance is but allowance of J. S. to be tenant of such Estate which is surrendred; but the use is in most courts to enter, that it was surrendred to the use of J. S. without more, and the Steward enters, that the Lord hath granted to him Seisin, to have to him and his heirs, and taken good: but it is better when one sur∣renders into the hands of the Lord, to say and enter, to the use and behoof of J. S. for life, or to the use and behoof of J. S. and his heirs: so that by (to the use and behoof) the Estate is limited, that J. S. shall have it, and that makes the admittance accordingly to be good without doubt, and yet the other is good, for by the surrender, all the interest is in the Lord.

If the Homagers gives false Verdict in the court of co∣py-hold, the party shall not be bound, but he shall tra∣verse that: but if such a Verdict be found for the Lord, though the Verdict be false, yet the party cannot traverse that there, but is put to his Petition, touching his land, or to sue in the Chancery; for if the Verdict finde false, that waste was made in the Tenements of the Grand-father, the Son of the Father shall loose after his land, for that it is a forfeiture which runs with the land; but seek, for it is made by the person of the Father, and the Son hath no re∣medy if the Verdict be true, but if the Verdict be false, then his remedy is by Petition, and by no other remedy in this Court.

If Tenant by copy makes a Lease for years by license of the Lord, and after in the same Court the Tenant will release to his Lessee by such words (to remise and release) such release seems void, for that that it ought to be a Sur∣render

into the hands of the Lord, &c. as he hath surren∣dred and released, &c.

Use may be of Copy-holds, as well as of Free-hold, but the Statute of 27 H. 8. for uniting the possession to the use, doth not extend to such tenures: Nor (he to whose use) cannot forfeit the Land by cutting Trees, if it were not by the consent and commandement of the Copy-hol∣der. If the Lord let severall Copies for one intire Rent and service, and the Tenant makes waste in any parcell of them, and that be presented in his Court, he shall seise all the Copy as it was intirely let.

A Rent of a Copy-holder may be apportioned, as well as another Rent.

Tenant by copy of Court-Roll in the Court (sold and bargained) his copy-hold to J. S. and his heires, J. S. was admitted, to have to him and his heires according to the custome; this is not good, for that it wants this word (Surrendred.)

Tenant in taile by copy, the remainder over to I. S. in Fee, surrender his Lands into the hands of two Tenants, to the use of I.N. and his heirs, and dyes before that be pre∣sented, and after that was presented, and I. N. admitted, this is not good, but contrary Law, if Tenant in Fee had made that surrender, and dyed as above: Seek.

By the custome of a Mannor, some Lands are copy-hold for three lives, and some to them and their heires, and the Lord grants by copy that which was for three lives, after those three lives ended, to one and his heires, this is not good; but the custome of the Mannor is good, though there be severall copy-holders of severall customes.

The Lord of a Mannor within which are copy-holders, and the Lord grants over the Demesnes to I. S. in Fee, so that he hath no Court; yet it is said, that the copy-hol∣ders may surrender as before they did: And that the Lord by his Grant cannot destroy their surrender, and Copies.

The Lord may avow for Rent of his Copy-holder before admittance, where it descends to a copy-holder; but he shall not be sworn of the Homage before admittance.

If the custome of copy-hold be, that the Lord may grant for three lives if all dye, and then when the land is come into the hands of the Lord he is bound in a Statute, and

after he grants that over according to the custome, this Land shall not be extended upon the Statute.

And if a copy-holder be bound in a Statute, his copy∣hold land shall not be extended, and if the Lord be bound in a Statute, the land of the copy-holder shall not be ex∣tended.

If an Infant be a Lord, and admits a copy-holder to him and to his Heires, this is good, and he cannot avoid that by his Infancy, for he is but an instrument to convey that according to the custome, and departs with no Estate.

If a copy-holder will exchange, this is not good, unlesse there be a surrender and admittance.

If a Villaine purchase copy-hold, and the Lord of the Villaine enter, he shall not have possession of the copy∣hold till he be admitted.

Copy-hold shall not be forfeit by attainder of Heresie, for ••he blood is not corrupted, for the Statute of, 5 H. 5. is not to be intended of copy-hold Lands, for it is said by the Statute, that he shall forfeit his Lands, Tenements, and Hereditaments, and that the Lord of whom the Lands are held shall have the Lands after the King hath (yeare day and waste) and this is intended of free-hold and not of Copy-hold, but if a Copy-holder be attaint of Treason or Felony, as it is aforesaid, there the Lord shall have the Land, for that that the blood is corrupt, and so there is none to inherit, but by attainder in Heresie is no corrup∣tion of blood.

If a copy-hold be furrendred to my use simply, and the Lord admit me upon condition, this condition is void, for the Lord gives nothing, but is an instrument to convey that according to the surrender; so if it be surrendred to me for life and the Lord admits me to have to me and my Heires, it is not good.

If a copy-holder of a Mannour takes a Lease for yeares of this Mannour, seek if his copy-hold be extinct.

But if a copy-holder makes a Lease of his copy-hold to his Lord, this was held no extinguishment of his copy, but a suspension.

But if the Lord by Indenture make a lease for yeares of copy-hold land to his copy-holder of that, the copy-hold is there held to be extinct, so if the Lord make a feoffment

to his copy-holder of all his Mannour upon condition, and after enter for the condition, the copy-hold is extinct, and if a copy-holder take a lease for years of the Mannour, with a remainder over by Indenture, this extincts the Copy∣hold.

If a Disseisor be of a Mannor, whereof there are copy∣holders for three lives, and he grant copies for three lives, and after the Disseisee re-enter, this shall avoid the grant of the copies by the Disseisor.

But if the Lord of that Mannor make a feoffment in fee upon condition, and the Feoffee grants copies for three lives, and after the Feoffor enter for the condition broken, he cannot avoid the copies.

If Tenant in taile or in fee of a Mannour will grant Lands by copy, which were no copy-hold Lands before, and that hath contiuned by divers admittances after as co∣py-hold, and was never interrupted at any time by the Issue in taile, but hath been allowed for him, so that, that hath continued by sixty or eighty yeares, this is very good, and shall not be ever after avoided, but if it may be shewed to have been an Interruptation, then it is other∣wise.

15 Eliz. If a copy-holder surrender to the use of his Wife for life, the remainder to him and his Heires, and after the Husband surrender to J. D. and his Heires and dies, the Wife may enter by Dyer and Mounson Justices, and shall hold for life, but the Heires of the Husband are bound; o∣therwise it is, if the remainder were to the right Heires of the Husband, for they are purchasors of this remainder, and may enter after the death of the Wife.

A Copy-holder hath a Son and a Daughter by one Belly, and a Son by another Belly, and surrenders to the use of his Wife for yeares, and conveyes after her death the remainder to his Son of the first venter, his Heires and As∣signes and dies, the Tenant for years is admitted, the re∣mainder in form aforesaid, the Son of the first Belly dies without Issue, before admittance, and during the Tearme: and Dyer saith, that the possession of the Wife of the Ter∣mor or of the Guardion is a sufficient possession to make (a Brothers possession.)

16 Eliz. Mounson saith, Copy-holders are within all sta∣tutes which speake of Tenants, for if a copy-holder had not

been excepetd in the Stat of dissolution of Monastries, the King had had them, which Geffrey and Bendlowes granted.

The Husband by surrender discontinues the copy-hold which he hath in right of his Wife, the Wife is put to her (Cui in vita) and she is not aided by the Statute of, 32 H. 8.

24 Eliz. A copy-holder surrenders to the use of his last will, and deviseth that his Executors shall sell the Land to J. S. and makes two Executors and dies, and one Exe∣cutor takes a Wife and surrenders to the use of J. S. the Devisee, and was said that by the admittance of J. S. that he was copy-holder, though that the surrender be made by both the Executors.

Taile of Copy-hold.

EState taile may be of a copy-hold, and Formedon in descender may lye of that, that is to say, may sue plaint, and make protestation in nature of a Formedon in discender at the common Law, and good by all the Justices, for though a (Formedon in discender) were not given but by Starute, yet this Writ now lieth at the common Law, and it shall be intended that that hath been the custome time out of minde, &c. See Littleton fol. 14. Plaint in na∣ture of Formedon in discender, and also Littleton saith, that copy-holder is, where within the Mannour the Te∣nants within the same Mannour, have used time out of minde, to have Lands or Tenements to them, and to their Heires in Fee simple or see Taile, and though that the Statute of Westminster 2 chap. 1. is, That the will of the gi∣ver in writing should be observed (so that copy-hold is not within the Statute) yet in these Mannors, within which, time out of minde, they have been used to have Estates in taile in this Mannor, and not in others are Estates taile of copy-holds, 15. H. 8. tit. 24.

And now it is common usage, to cut of the Taile of co∣py-holdes within such Mannors where there is an Estate taile of copy-hold, by common recovery in the nature of a Writ of entry in the (Post) which after followes, and also by recovery in nature of a Writ of Right, and joyne the Mise as followes afterwards, and another way is to cut of the intaile, and that is by presentment, that the copy-hol∣der hath made a Lease by Indenture for divers years, or

other forfeiture, and then the Lord to seise for that, and to surrender to the Purchasor; and these two waies are allowed for good.

It is said that five grounds of Law in England is and hath been in diverse particuler customes, the which cu∣stomes, though they are against the generall customes of Law, yet they are in effect and are taken for Law; and so I intend that this custome of copy-hold Estate (for that, that it hath continuance by prescription) is good by the Law, that the copy-holder hath an Estate by custome and Law also, and that of that may be an Estate taile where that hath been used by prescription. Doctor and Student fol. 20.

Copy-holders.

COpy-hold Lands were before the Conquest, and it was called Folk-Land in the time of the Saxons, and the Charter-lands are called Bock-land: And also Bracton, Book 4. allows of Copy-hold land, and sayes, That do∣ing their Services and customes, Their Lords cannot put them out: And so Copy-hold Estates, have in time of e∣very King since the Conquest by all the Justices been al∣lowed; so that for the antiquity, and their continuall a∣lowance from time to time, the Estates of Copy-holds are affirmed in Law; yet Fitzh. fol. 12. b. saith, That Copy∣holders in ancient times, were called Tenants in Villain∣age, or base tenure: But this doth not make them Vil∣laines, for Littleton, fol. 39. saith, That some Free men hold their Tenements, according to the custome of cer∣taine Mannors, by Villaine Services, and yet they are not Villaines, and though at the beginning of Copy-holds, they had but a base Estate, and at the will of their Lords, yet when they have continued their Estates by Copy, of time out of minde, then doing their customes and ser∣vices, as Copy-holders ought to doe, they ought to en∣joy their copy-holds, whether the Lord will or no; and it appears by divers Statutes, that copy-holds have been in reputation, for by the Statute of 1 R. 3. chap. 4. & 19 H. 7. chap. 13. Copy-holder which might expend by the year 26, s. 8. d. shall be accounted of the same sufficiency to

be impannelled of a Jury, as he which might expend 20. s. per annum of Free-hold land, and by 2 Ed. 6. chap. 8. the interest of Copy-holders are preserved, notwithstan∣ding they are not found by Office after the death of the Kings Tenant; and by 13 Eliz. chap. 7. Lands of a Bank∣rupt, as well copy-hold as free-hold shall be sold; so it ap∣pears copy-hold Estates shall be regarded; and those De∣mesnes which are in the hands of the Copy-holders, are such Demesnes as the services which they do, make a Man∣nor, though the Lord have no other Demesnes in his own hands, nor in his Farmors, Bailiff, or Servants, for it is Demesnes, having regard to the Lord, for that, that upon every Surrender the Lord hath medling, and grants it over in his Court.

And if you will admit that an Estate Tail by usage of time out of minde, may be of Copy-hold within a Man∣nour, where it hath been used by prescription, and Plaints of (Formedon) have there been brought, why will ye doubt, but that it may be well cut off by common recovery, in Plaint, in nature of a Writ of Entry in the (Post) or at least in nature of a Writ of Right, and Mise ioyned upon meer Right, and after Default made by the Tenant, and Judge∣ment final given, though that these Recoveries have not been used there by prescription, for they are at the com∣mon Law, and Plaints in nature of these Writs are to be sued there of copy-hold.

It is said, that a Fine levied in ancient Demesne is of no worth, for it is no Court of Record; but it is said, that common Recoveries may be sued there, to cut off the Intail, and good, for that, that the land shall be pleaded there by a Writ of Right close, and not otherwise, and copy-holder shall be impleaded in Court Baron of the Mannour by Plaint, and not elsewhere. And for that the Recoveries aforesaid, to cut off the Intail of a copy-holder may be there, though they were not there used before, if there be Estates Tail there, and if usage makes the Estate Tail, and also usage makes the copy-holder to have an Estate of Inheritance by custome, and is good, 50. Book of Assises 9.47 Ed. 3.38.

And though Littleton, fol. 16. If Lord out his copy∣holder, he hath no other remedy but to sue to his Lord by Petition, for he saith, the Lord cannot break the custome

which is reasonable; but if such Lord will break the Cu∣stome, it is no Reason to suffer such a Lord to be his own Judge, and to compell a copy-holder to sue to him by Peti∣tion. But for that that divers Lords are of an ill consci∣ence, that before were as I have heard, for that divers grave Judges now hold, that a tenant copy-holder may have Trespass against his Lord, according to the opinion of Brian and Danby.

And this at this day seems reason, for though at the be∣ginning copy-holders had but Estate at the will of the Lord, yet by the continuance of this Estate of time out of minde, they have such Inheritance by the custome of the Mannour that the Lord (doing his Services) cannot out them, and the prescription goes to the Land, and not to the Lord, nor to the occupation, for that is copy-hold land which hath been let, and demisable time out of minde, &c.

If the Tenant by copy deny to do his Services, the Lord may enter for forfeiture, if it be presented by the Homage; but if the Tenant by chance makes a Default at the Lords Court, and doth not deny his Service, it shall be amerced, and is no Forfeiture; the same Law if his Rent be behinde, and he doth not deny to pay it, that is no Forfeiture, but the Lord may distrain, but by Littleton, fol. 51. If the Tenant upon demand be not ready to pay Rent Seck, or if the Tenant nor none for him, be dwelling upon the Land to pay the Rent Seck, when it is demanded, this denying is Disseisin; yet in the case aforesaid, I con∣ceive, that where a copy-holder makes Default, and doth not deny his Services, or is not upon the Land ready to pay upon demand, this is no deniall which shall make a Forfeiture, for Forfeitures are not favoured in Law, but to be taken strictly according to the words, and that is to be intended upon denying in deed by the Tenant, 42 Ed. 3. fol. 25.

And it seems that the Lord cannot enter for forfeiture, be∣fore that that be found by Homage, but if a Copy-holder alien by Charter, or commits Felony, or Treason, and be attaint, these are Forfeitures without Presentment, and the Lords may enter, for these are notorious and appa∣rent to be against the Custome, but otherwise it seems where a Copy-holder makes waste.

12. Eliz. It was said, that if a copy-holder will not be sworn of a Jury•• or alien and make copy-hold Free-hold, this is forfeiture, for that, that the Lord may enter with∣out presentment, but for negligent acts, as for not doing of service or Suite of Court, the Lord cannot seise without presentment by the Homagers, and then agree if an Infant do not come within a yeare and day after Proclamation made, yet he hath not forfeited his copy-hold, and this case was between Hautree and his copy-holder.

If copy-holder lets by Indenture, which is forfeiture, and after surrenders to the use of J. S. and he is admitted in, the Lord after shall not take advantage of forfeiture, for the Homage are not to inquire of any forfeiture, but of forfeiture made by the Tenants, and he which commits the forfeiture is not now Tenant, and admittance to pay his Fine is agreement of the Lord, that he admitted shall have that according to the custome, that is to say, he doing his services shall have that to him and his Heires, accor∣ding to the custome of the Mannour.

It is said, that a copy-holder cannot alien by Deed, for if he do so, the Lord may enter for forfeiture, and so it is the like if he alien without Deed, in such manner that the Land may passe, as if he lets for life without Deed, and makes livery, the Lord may enter, but if he do not make Livery otherwise it is; the same Law it is, if a copy-holder bargain and sell his Land by Indenture, and do not inroll it, nothing passeth by this bargain, and for that it is no forfeiture, Lit. f. 14.

If Tenant by copy of Court-Roll make a feoffment, the Lord may enter for forfeiture, but this is to be intended, if he make a feoffment and makes Livery, it is a forfeiture, but if he make no Livery, the Feoffee is but Tenant at will, and it is no forfeiture, 11 H. 4. fol. 161.

Challenge.

For that, that you try Issues joyned in Court-Baron by assent by inquest of the Homage, as you may, and not by wager of Law as it is, and also in triall of Copy-holds, shall be by Oath of the Jury, and also for that some Challenges are principals, and some are but for favour, first let us see what is a principal Challenge.

PRincipall Challenge is said, where it is evident favour, as kindred, 21 Ed. 4. fol. 11. and 63.

Juror is of aliance, servant, or beares mallice, that is to say, hath trespasse against him, or a Juror is cozen to the Executor which brings the action, and yet he shall not recover to his own use, and this is a principal challenge &c. 20 Ass. 11.

Where a Juror is Gossip of the Plaintiff, it is a princi∣pall challenge, and he shall be drawn off by the challenge, 2 H. 4. fol. 16.4 Ed. 4. fol. 1. the same, 19 H. 6 fol. 66. Contr. 6 H. 6. fol. 40.40. Ass. 20.

That the Plaintif was retained with a Juror, that is, that the Juror was master of the party, is a principal challenge, 2 H. 4. fol. 14.

That the Jury hath past before for parcell of the same gift in Formedon, is a principal challenge if he shew record of that, otherwise it is but favour, 8 H. 5. fol. 11. and 7 H. 4. fol. 11. the same.

If a Juror (after he is impannelled) eate at the Plaintifs costs, or take Money for his charges, it is a principal chal∣lenge, 13 H. 4. fol. 14. 22. R. 2. Chal. 177. 8. Ed. 3. fol. 69.

Where Land is demanded and the Juror is cozen with∣in the ninth degree, it is a principal challenge, 41 Ed. 3. fol. 9.14. & 15 Eliz. Plowd. 426.

It is a principal challenge that the Juror held of J. S. that holds over of the Plaintiff, 13 H. 6. Statham.

Where a Juror hath a Lease of one party, and though he hath granted his Interest to another, yet he is within the Distress of his Lessor, to the using an Action of Debt for the Arrearages, and for that is a principal challenge, 44 Ed. 3. fol. 5.44. Ass. 23.

Trespass, the Defendant saith, it was the Free-hold of J.S. and justifies as Servant of J. S. it a principal chal∣longe that the Juror was within the distresse of J. S. to E. 4. fol. 11. B.

Trespasse, where the Defendant justifies as Servant to the Lord Dacres, it was a principal challenge, that the Ju∣ror was within the distresse of one which held of the Lord Dacres, 15 Ed. 4. fol. 18.

It is a principal challenge that the Juror is cozen to the Wife of the Defendant, for that, that the Issue of the Wife may be Heire to the Juror, 8 H. 6. fol. 15.

That the juror at another time had past against him in the same Issue, if he shew the Record it is a principal chal∣lenge, and otherwise but for favour, 11 R. 2. Tit. 106.21. Ed. 4. fol. 74. before 7 H. 4.

Juror was challenged for that, that at another time he past against the Plaintiff for the same Debt, which was re∣versed by Errour, and for that, that he did not shew the Record, it is no principal challenge, 33 H. 6. f. 1.

It is a principal challenge that the Juror was chosen ar∣bitrator for one party, but otherwise it is where he was chosen indifferent for them, 3 H. 6 fol. 24.

That the juror held of a Mannour, whereof the rever∣sion is in the Plaintiff, is a principal challenge, 10 H. 7. fol. 20.49 Ass. 1. That the juror was of Councel with the Plain∣tiff and hath taken his fee, this was the challenge, and 7 H. 7. f. 10. that it is no principal challenge.

It is a principal challenge, the Sherif or Bailif which makes the Pannell is son in Law to the Defendant, 9 Ed. 4 f. 49.

Those which have been attaint of salse Oath, or were seen in the Pillory or Tumbrill, or against whom there was Judgement of life and member, shall be outed by challenge, and these are principal challenges, Britton fol. 134.

Those which pretend to have some right in the thing demanded shall be outed by challenge, and this is a prin∣cipal challenge, the same Law that the juror is a Villaine 9 Ed. 4. fol. 17. Villaine is principal challenge 26 Book of Ass. 28.

That a juror was outlawed is a principal challenge, if he

shew the Record, 11 H. 4. fol. 40. Abridg. Book of Ass. 6. and 21 H. 6. fol. 30.

The same Law that a juror was attaint of conspiracy, 33 H. 6. fol. 55. 18. H. 8. f. 2. Writ of entry, they are at is∣sue, and the Plaintif saith, that the Sherif and two of the Coroners are his cozens, and the other two cozens of the Defendant, and praies a Venire facias, to others, and shall not unlesse all were his cozens, for if it were made by the cozen of the Plaintif, the array shal be quasht, but the Defendant cannot quash the array by that that it is made by his cozens.

15 H. 7. fol. 9. Plaintif cannot quash the array, for that that it is made by his cozen, but may shew that, and pray a (Venire facias) to the Coroners, but because it doth not lye in his knowledge, the Plaintif may quash the array though the Sherif is of consanguinity or affinity of the Defendant, but otherwise it is of his own part.

19 H. 8. fol. 7. Defendant challenge the array, for that it was made by J.S. cozen of the Plaintif, and this found and the Array quasht.

10 H. 7. fol. 7. The Array was quasht for that, that the Plaintif was Gossip to the Son of the Sherif, or for any o∣ther cause of the Plaintif.

15 Edw. 4. fol. 23. Trespasse by the Arch-Bishop of Canterbury, and they were at Issue, and the Plaintiff saith, that the Sheriffe is his Steward, and some of the Coroners are of his Robes, and the rest within his distresse, and the Defendant confest it, and for that Processe issued out to choosers, and the array by choosers shall not be quasht, but (the heads.)

18 Edw. 4. fol. 8. Where the Array is made by choo∣sers, this shall not be challenged, but the (heads) shall be challenged.

8 H. 6. fol. 60. The Array in Assise was quasht, for that it was made by the Sheriffe himselfe, being Plaintiffe, and it was also quasht, for that it was made by the Coro∣ners at the denomination of the Plaintiffe, for that the Court of Office, awarded Venire facias to Electors.

The challenge is principall

• Cozen of one party.
• Servant of one.
• Master of one Party.

At other times,

• Brings trespasse against one.
• Eats at the costs of one.
• Is Lord to one.

Challenges,

• Is within the distresse of one.
• Arbitrater of one.
• Convict of horrible crime.
• Hath right in the thing demanded.

Now let us see what is challenge for favour.

WHere one challenges for diverse causes, and con∣cludes for favour, it is not double, otherwise it is of principall challenge, 7 H. 6. fol. 44.

That the Defendant is Steward of a Mannor of the Ju∣ror, or that he is within the distresse of the Juror, it is a challenge for favour, and not a principall challenge, but that the Juror is within the distresse of the Defendant, is a principall challenge; but that the Juror hath marryed the Mother of the Defendant; if she be dead, and he had no Issue by her, it is no principall challenge, 14 H. 7. Tit. Brook, 71.

The same Law where a Juror hath marryed a Cozen of the Defendant, which might be heire to him, during their lives it is a principall, but contrary, if the Wife be dead without Issue, 14 H. 7. fol. 1. & 15 H. 7. fol. 9.

It is no principall challenge, that a Son of a Juror, hath marryed a Daughter of the Plaintiffe, 3 Edw. 4. fol. 12.

Juror is, a Keeper of the Forrest by the Kings Grant, and the Plaintiffe is Master of the Game, is no principall challenge, 16 Ed. 4. fol. 1.

It seemes it is no principall challenge, if the Juror say he will passe with the Plaintiffe before he be sworne, or that hee was laboured, 21 H. 7. fol. 32. 7 H. 6. fol. 25. the same.

That the Defendant hath Trespasse against the Juror, depending, if it were after the action brought, it was suspicious, and is no principall challenge, 20 Booke of Assise, 11.

If a Juror be challenged for that, that one party hath

an action hanging against him, if he doe not shew Record of that, it is no principall, Statham, 25 Ed. 3.

That the Wife of the Sheriffe, or of him which makes the Pannell, is Sister of the Plaintiffe, ought to conclude of favour, 20 Ass. 21.26 Ass. 21. & 22.

Where a Juror is returned by name, Chamberlaine, and Chambers appears, it is a challenge for favour, and shall be inquired if he be knowne by both names or not, 32 H. 6. fol. 23.

It is no challenge, that the Juror is Parishoner with the Defendant, 22 Ass. 25.

Attaint, It is no principall challenge, that one of the Grand Jury, and one of the Petty Jury, have marryed two Sisters, 43 Ass. 46.

In Attaint, It is no principall challenge, that one of the Grand Jury, and one of the Petty Jury are at debate, 50 Book of Ass. 4.

Juror was challenged for malice, which he had to the Plaintiffe, and tryed, and found indifferent, 27 H. 8. fol. 25.

It is no challenge, that a Iuror appeared where he was not summoned, if he were impannelled, 8 Ed. 3. 69 Fitzh. Challenge 4.

It is no principall challenge to say, that the Defendant is Tenant to the Sheriffe or Bailiffe, which makes the Ar∣ray, unlesse it be for favour, 26 Ed. 3. Statham.

Common is the seventh Article which is in∣quirable.

ANd for that I intend, that when the Statutes ensuing were made for Improvements, immediately the Lords have improved their Wafts as much as they could, or otherwise they were so moved with charity and pitty to the Poore, that more they would not improve for Cha∣rity, I pray God that that may continue.

Because many great ones which infeoffed Freeholders of small Tenements in great Mannours of extent, &c. may improve, when they that are infeoffed have sufficient Pasture belonging to their Tenements, &c. Merton, chap. 4.

Westmin. 2. chap. 46. Recites Merton, and gives rate between Neighbour and Neighbour; and it is, Where it is belonging to their Tenements: But if one claime Com∣mon for a certaine number, by Grant, the Lord cannot improve.

16 Ed. 3. tit. 9. If the Lord improve, not leaving suf∣ficient Common, the Commonner may break way to use his Common, See 17 H. 7. fol. 11. for breaking way, 22 H. 7. fol. ult.

Fitzherbart 179. L. Where one hath a Common be∣longing or appertaining, and is distrained, hee shall have an Assise of Common of pasture: Seventh Book of Assise 16.

8 Book of Ass. 18. Assise, Tenant saith he hath impro∣ved, leaving sufficient for the Plaintiffe.

If a man grant Land and Common, the Grantor can∣not improve against his Deed, 12 H. 3. fol. 25. That hee cannot improve against a Deed, 3 Ed. 2. tit. 21.

If the Tenant have Common for all manner of Beasts, the Lord cannot improve, notwithstanding I have heard the opinion of the Learned to the contrary, 34. As∣sise 11.

It was held, that no man might improve in Feilds sow∣ed, where they have Common, when the Corne is reap∣ed and carryed, and in time of Wreck; for the Statute is in Wasts and not in Feilds: And also it is held there, that Cottager shall have Common, but not a Cottager newly erected, for he cannot prescribe, 5 Book of Assise 2. Jurney to Lecester.

The Tenant shall not have Common to Land newly improved, but to ancient Land, hide, and gaine, 10 Ed. 2. tit. 22. 5 Book of Ass. 2. the same.

The Statute is (as much as belongs to Tenements) that seemes to extend as well to Common appurtenant, as appendant: But Master Stamford sayd in Grayes-Inne, That improvement is onely against him that hath Com∣mon appendant, and not against him which hath Common appurtenant without number.

Now let us see what is appendant, and what appurtenant.

Common appurtenant is, for all manner of Beasts, and appendant is but to have common for Beasts com∣monable, Natura brevium, fol. 70. That appurtenant is, with all manner of Beasts by prescription, 9 Ed. 4. fol. 3. by Fairfax.

By Prisot, Common appendant is to have common for Horses, Beasts, Kyne, and Sheep, which are commonable, and which are most fit for the Ploughman, and not for Geese, Goats, and Hogs, 37 H. 6. fol. 34.

If one hath a common of Estovers by Grant, he can∣not build another new House to have Estovers to that, Fitzh. fol. 180. h.

Admeasurement lyes between Commoners which have common appendant to their Free-hold, if one of them sur∣charge the common, by putting in more Beasts then they ought to common, Fitzh. fol. 125. B. D.

He which hath Common appurtenant to a certaine number, or common by specialty to a certaine number, shall be admeasured: But he which hath common appur∣tenant without number, or in grosse without number, shall not be admeasured, 26 H. 8. fol. 4.

Common appendant, cannot be aliened and severed, but common appurtenant may, 5 H. 7. fol. 7. B. and 9 Ed. 4. fol. 39. A.

He which hath Common appendant cannot use that common with other Beasts, but those which are rising and lying upon his Land, 15 Ed 4. fol. 32.

Termor cannot put any Beasts into the Common, but those which hee hath to manure his Land, or for his houshold, and not for to sell, 14 H. 6. fol. 6.

A man grants Land, and a Turbary, this doth not make the Turbary appendant, unlesse it were appen∣dant from time out of minde, 8 Book of Ass. 9.

Common is to be taken by the mouth of Beasts, 31 H. 8. tit. 151.

Commoner hath no interest in the Land, but to take that with the mouth of his Beasts, and cannot have tres∣passe

(why he broke his Close) against one which makes trespasse in the common, but may distraine them doing da∣mage, 12 H. 8. fol. 2.

There are foure manner of Commons, that is to say, Common appendant, Common appurtenant, Common in grosse, and Common because of Neighbourhood, Natura brevium, fol. 69.

Common appendant is to Land arable onely, 26 H. 8. fol. 4. by Hales. It seemes it may be appendant to a Man∣nor, Land, or Tenements, Fitzh. 139. L.

It may be appendant by reason of a House, Natura bre∣vium, fol. 70.

Where one hath Common because of Neighbourhood in the Land of J. S. he cannot put in his Beasts in the waste of J.S. but in his owne Land, which may goe if they will into the waste of J. S. 13. H. 7. fol. 13. &c.

Assise of Novell Disseisin lyeth of Common of pasture, Turbary, and Fishing, where he hath that for life, or in taile, or in Fee, and is disturbed that he cannot take his common; and the Writ shall be, hee disseised him of a common of pasture in D. and not disseised him of his Free-hold in D. as where it is of Land, for there it is al∣wayes, hee disseised him of his Free-hold, Fitzherbart, fol. 179. L.

Common appendant a man cannot use with Beasts of a stranger, unlesse hee keepe them to dung his Land, but hee cannot take in other Beasts for Money, which doe not manure his Land: See 6 H. 7. fol. 14. Fitzher∣bart 180 B.

If a man claime Common for Beasts without number, there he may put in other Beasts of a strangers for Money in that Common; otherwise it is in Chase or Forrest where the Lord hath Deer, Fitzh. 189. B.

He that hath Common ought to use that with his owne Beasts, or with Beasts which dung his Land, or with Beasts allowed for their Milk, and cannot take in any, 22 Book of Ass. 82.

He which hath Common by specialty, cannot take in Beasts, but he that hath Common for Kine for their Milk, or for Beasts to manure his Land, for Sheep allowed to dung his Land, for he hath right in them for the time, 45 Ed. 3. fol. 26.

A way appendant to a House shall not be made in∣grosse, but Common appurtenant and Advowson may, 5 H. 7. fol. 7.

Where the King grants Common to an Abbot and his Successors without number, out of a Mannor, and after he grants the Mannor to another, and after the Abbey is dis∣solved, it seems for that that it is Common without num∣ber, the King shall not have it; but if it were Common certaine, the King shall have it, 27 H. 8. fol. 20.

Common appendant shall be used with his proper Beasts and not with others Beasts, and the Defendant was ad∣mitted to prescribe for Common appendant, 6. Hen. 7. fol. 14.

He which hath Common appendant, cannot use that, but with his owne proper Beast or Beasts, which dung his Land; but he which hath Common for twenty Beasts by Grant, or with Beasts without number, he may use that Common with others Beasts, 11 H. 6. fol. 22. Fitzh. 180. B. the same.

A man need not prescribe in Common appendant, but it sufficeth to say, that he is seised of three Acres in D. and that he hath Common appendant, &c. 4 H. 6. fol. 13.

He which justifies for Common appendant, need not prescribe in that also, 22 H. 6. fol. 10.

Common appendant cannot be but by continuance of time out of memory, &c. 5 Book of Ass. 2.

Courts.

In what place a Court-Baron shall be held.

COurt-Baron by Brian shall be held in a place certain, but I have heard, that it may be kept in any place within the Mannor, that the Tenants have notice to make their suit, and it is good, 8 H. 7. f. 4. A. and so it is, 24 Ed. 3. that it need not be in a place certain, and by Glanvile, fol∣ 19. It ought to be held in a place within the Mannor and not out of the Fee.

Which is Court-Baron, and which is Court of Record.

COurt of ancient Demesne is no Court of Record, but it is a Court-Baron, 9 Ed. 4. fol. 43. and 3 H. 4. fol. 16. the same.

Where the entry is (to the great Court) this is a Court Baron, as it is aforesaid, 10 Ed. 4. fol. 17.

Where Suitors are Judges, * 1.206 and where false judgment lies and not errour, as in Court of a Mannor, Hundred, and County, these are Court-Barons, 6 Ed. 4. fol. 3. B.

Court by Commission before the Justices of Peace, that is to say, their Court of Sessions, &c. are Courts of Record, 9 H. 6. fol. 3.

If a man be arrested in the Cinque ports, he shall have a (Homine replegiando) if according to the Law and custom of the Ports he be repleevable, Eitzh. fol. 67. A

Great complaint was against the Officers of the Ca∣stle of Dover, for holding Plea above forty shillings, where they have but a Court-Baron, and for arresting men by the body of their Warrant and (Gapias) but it seems they have a Charter now, for it is used there to arrest, 5 E. 4. f. 127.

Trespasse of imprisonment, the Defendant saith, that there is a Court by prescription within the Tower, and doth prescribe to have (Capias) and not that it is there (Capias) without prescription, and justifie that by (Capias) &c. And so this appeares to be Courts of Record, 4 Ed. 4. fol. 6.

Error lies wherefalse judgment is given in any Court of Record, as in the common Bench, or London, or other Ci∣ty where they have power to hold Pleas by Charter, or by prescription, of every sum in Debt or Trespasse, of the sum of forty shillings and over, Fitzh. fol. 20.

If false judgment be given in Court of ancient Demes∣ne, the Tenant or Demandant shall have false judgement, which proves that it is Court-Baron, Fitzh. fol. 11.

Court of Pipowders is a Court of Record, Fitzh. fol. 18. H.

Where the Courts hold Plea by prescription above

forty shillings, they are Courts of Record, 6 Edw. 4. fol. 3.

Marshalsey is a Court of Record, for if they err, there lies a Writ of errour, 10 H. 6. fol. 13.

Where they have conusance of every sum, as in London, and in other Cities and Borroughs, are Courts of Re∣cord, 2 H. 4. fol. 4.34. H. 6. f. 52. the same; and 45 E. 3. fol. 1.

Error lies where false judgment is given in any Court of Record, as in the common Bench, or in London, or other City, or in other place, where they have power to hold Plea by Charter or prescription of every sum of forty shillings and over, these are Courts of Record, Fitzh. fol. 20. D.

Leets and Turns of the Sherif are Courts of Record, for that they are for the common-Wealth, Eitzh. fol. 82.10. H. 6. fol. 7. It is said that the Leet is a Coutt of Record, and for that he cannot wage his Law in Debt brought upon Amerciament in Leet.

The Kings Bench, Chancery, common Bench, and the Exchequer, are Courts of Record, for that, that no Judg may sit as Judge there without Letters Patents, Doctor and Student f. 11.

Ancient Demesne.

Insomuch that a Court of ancient Demesne is a Court-Baron, let us see in what action brought at the Common Law, ancient Demesne is a good Plea, and in what not, and what action may be sued in ancient Demesne, and what not.

ANcient Demesne is no Plea in an action upon the Statute, R. 2. 2. H. 7. fol. 17.

It is no Plea in Trespasse, but in Replegiare and Writ of Ward, 46 Ed. 3. f. 1.

It is no Plea in Trespasse, 47 Ed. 3. fol. 22.

Ancient Demesne is a good Plea in Replegiare, and not in Trespasse, 40 Ed. 3. fol. 4.46. Ed. 3. fol.

Plaint of fresh force may be sued in ancient Demesne, without a Writ of Right close, as it seems, but another

plaint of Land cannot be sued there without a Writ of Right close, 26 H. 6. fol. 5.

Ke-disseisin and Post-disseisin cannot be sued in ancient Demesne, for the Sherif and Coroners cannot inquire there; but said that waste may be sued there by a Right close 32 H. 6. f. 29.

If a man bring waste at the common Law, it is said that ancient Demesne is a good Plea, 7 H. 6. fol. 37. and 8 H. 6. f. 83. The Opinion of all the Justices, that it is a good Plea in wast, for that that by this recovery, judgment is to reco∣ver the place wasted, and by this the Land shall be frank Fee, 1 H. 4. fol. 5. The Lord in ancient Demesne cannot hold Plea in Redisseisin and waste by Hull, for that, that the Sherif is Judge and not the Lord.

Warranty of Charters may be sued at the common Law, and ancient Demesne is no Plea, for VVarranty is by Deed out of the L••nd, Fitzh. 135.

Juris utrum, at the common Law, ancient Demesne is no Plea, for he cannot have a (Right close) for that, that Frank-almaigne cannot be held there, but the Tenure there is Socage, Abridg. Ass. fol. 16.6. Ed. 3. f. 20. the same, Sta∣tham.

Detinue of Charters at the common Law to plead an∣cient Demesne, is no Plea, 13 Ed. 3. fol. 67. Statham.

Fitzh. 136. In a VVrit of Mesne, ancient Demesne is a good Plea.

In (Quid juris clamat) brought at the common Law, to plead ancient Demesne is a good Plea, 20 Ed. 3. Statham fol. 20.

In an action upon the Statute of R. 2. brought at the common Law to plead ancient Demesne is no Plea, but in account or Replegiare it is a good Plea, 21 Edw. 4. fol. 3.

VVhere dammages are recovered in ancient Demesne, and Debt is brought in the common Bench upon the same dammages, it is no Plea for the Defendant to plead anci∣ent Demesne, 39 H. 6. fol. 3.

Ancient Demesne is a Court-Baron, and the Suitors are Judges.

DEbt was brought in common Bench for dammages recovered in ancient Demesne, the Defendant pleads no such record, and is no Plea, for it is a Court-Baron, but no such recovery is good, 9 Ed. 4. fol. 44. B. 50. Booke.

Suitors are Judges in ancient Demesne, 34 H. 6. fol. 38. Na. Bre. fol. 12. the same.

Suitors are Judges in ancient Demesne, and not the Bai∣lifs, 12 H. 4. fol. 17.

Plea shall not be removed out of ancient Demesne, unlesse for false Judgment, 13 H. 4. fol. 16. Fitzh. fol. 12. a the same, and that proves that this is a Court-Baron.

Suitors are Judges in ancient Demesne, for that it shall not be removed, for that the Bailifs maintaine, 3 H. 4. fol. 16. See 6 H. 4. fol. 2.

Upon (Pone) to remove Plea out of ancient Demesne, the Sherif returns that the Suitors will not send the Re∣cord by which issued a Distresse against the Suitors, 18 Ed. 3. Statham.

False Judgment was brought in the common Bench up∣on a judgment given in ancient Demesne, in a VVrit of Right close, and though judgment was given in that in the common Bench, yet the Land shall be ancient Demesne, as it was before.

By Knivet, Fine levied in ancient Demesne is nothing worth, for it is no Conrt of Record, but common recoveries are used there to cut off an intaile, 50 Ass. 9. No Land may be pleaded there by right close, and not else where.

How Land in ancient demesne is made frank Fee for a time, and how for ever.

DUring the time that Lands in ancient Demesne is in the hands of the King, it is Frank Fee, but if the King grant that over to hold of the Mannor againe, it is ancient Demesne againe, 21 Book of Ass. 13.

If Recovery or Fine be in Common Bench of Land in ancient Demesne, the Land is Frank fee, till it be defea∣ted by the Lord, by Writ of Deceit, and when that is defeat, it is void to bind the parties, 8 Ed. 4. fol. 6. See 3 H. 4. fol. 6. accordingly.

If the Tenant in ancient Demesne enfeoffe his Lord of the Mannour, being common person, and not King, the Lordship is Frank see for ever, 9 H. 6. fol. 24. B. 3 H. 4. fol. 16. the same.

Where the King gives Land of ancient Demesne, to hold in Franke Almaigne, that is Franke fee, 6 H. 4. fol. 2.

Where a Fine is in common Bench, of Land in ancient Demesne, is Frank fee; so that after if a Recovery of that be in ancient Demesne, it is void (and before not a Judge) 7 H. 4. fol. 3. B. 7 H. 4. fol. 29. the same.

If the King was once seised of Land in ancient De∣mesne, and lett that for life, it is Frank fee for the time, 11 H. 4 fol. 84.

Where Land in ancient Demesne is forfeit to the King by attainder, and the King grants that over to an∣other and his heires, now they are Frank fee for ever, 13 H. 4. fol. 7.

Where a Fine is levyed of Land in ancient Demesne, in the Common Bench, the Lord may defeat that by a Writ of Deceipt; and yet if he to whom the Fine was, &c. hath a Release, with confirmation of the party, made after the Fine, his Estate is good, notwithstanding that the Fine be defeated, Fitzh. 98. a.

The Lessor by his confirmation to his Tenant, may make the Land in ancient Demesne Frank fee, but if he confirme to hold by meaner services, it is no Frank fee, 30 Ed. 3. fol. 16.

Where Land in ancient Demesne Escheats to the Lord, for that, that the Tenant dyes without heire generall or speciall, are Frank fee for ever, for he holds them now of the Lord Paramount, 18 Ed. 3. fol. 19.

If the Tenant in ancient Demesne, answer the action in Precipe, in the Common Bench, yet it is no Frank fee before Judgement given, 2 Ed. 4. fol. 26.

The Lord by his confirmation may alter the tenure, but not the estate of the Land, where he confirmes to hold at the Common Law, 49 Ed. 3. fol. 7.

Fine at the common Law, recovery, or where he is in by the Kings Charter, or by feoffment of the Lord, these prove the Land frank Fee and not ancient Demesne, Fitzh. fol. 13. C.

If the King be seised of Land in ancient Demesne, this is Frank fee, but if the King demise it to another, the Land is ancient Demesne again, 17 Ed. 3. fol. 52.

A man recovers in ancient Demesne Lands, which were at the common Law against a man by Verdict of a Jury, and he against whom the recovery was, brought an Assise upon that, and awarded, that he should recover Seisin, 30 Ed. 1. Tit. Assise 379.

Note the tenure and tryall of ancient demesne, and who shall plead ancient demesne.

LAnds which are ancient Demesne are Soccage, Fitzh. fol. 11.

Tenants in ancient Demesne, are those which hold of the Mannors which were in the hands of Saint Edward the Confessor, at the time that the Book of Doomsday was made; but the Lands written in that Book, to be in other mens hands, are not ancient Demesne, Fitz. 16. E.

All the Lands which were in the seisin of Saint Edward the Confessor, when the Book of Doomsday was made, are called ancient Demesne, and the Lands in other hands, &c. Frank fee, Natura brevium, fol. 14.

If the Land be ancient Demesne or not, shall be try∣ed by the Book of Doomsday, 49 Ed. 3. fol. 22. In Mon∣straverunt.

Assise, The Tenant pleads that the Land was ancient Demesne, and it was tryed by Assise in the Book of Not∣ting, and also North. 8 Ed. 2. Statham, fol. 20.

Triall of ancient Demesne is by the book of Doomsday, and by that it was certified that London was not ancient Demesne, 7 H. 6. fol. 34.

In Assise of Mortdancester, ancient Demesne was tried by the Country, 8 Book Ass. 35. 9 Book Ass. 9. the same.

In Assise, the tenant saith that it was parcell of the Man∣nor of B. which is ancient Demesne and the other saith that it is not parcell, and upon this at issue, and that was

tryed by Assise, 12 Book of Assises 18.22 Book. of Assises 45. the same.

Assise, none shall plead ancient Demesne but he which is Tenant, and not the Dissei••or, 21 Book of Ass. 2.41 Ed. 3 tit. 22. the same.

If Land be in the book of Doomsday, written under the Title, Land of the Bishop, and not Land of the King, yet though it be in the book of Doomsday, it is no ancient Demesne, 40 Ed. 3. fol. 45.

Form of Pleadings, that the Land is ancient Demesne, and how he shall sue for ancient Demesne, and for Copy-hold in ancient Demesne.

BY Prisot, he which pleads ancient Demesne, shall say that the Land is held of the Mannor of D. which is an∣cient Demesne, and pleadable by a petty VVrit of Right close from time out of minde, and demand judgment if the Court will acknowledge, 36 H. 6. fol. 18.

3. H. 6. fol. 48. But see by Thirne, and granted that frank Fee may be held of a Mannor of ancient Demesne, 11 H. 4. fol. 85.

Precipe, the Tenant saith that the Land was parcell of the Mannour of D. which is ancient Demesne and pleada∣ble by petty VVrit of right close, time out of minde, and demand judgment if the Court will acknowledge, and it is no Plea for the Demandant to say to that, that it is frank fee, for that, that it doth not gainsay, but that the Mannor is ancient Demesne, and that this is parcell, but he ought to plead specially, how it is become frank fee, 41 Ed. 3. f. 22.12 Book of Ass. 16.22. Book of Ass. 45.

Right close lieth alwaies between Plow-holders, and no Plow-holder may implead another Plow-holder of Lands in ancient Demesne, unlesse by this VVrit; and shall make in this his protestation to sue in nature of what VVrit he will, as his case is, Nat. Brevium fol. 11.

They call Tenants in ancient Demesne Sokemaines, Britton fol. 105.

Copy-holder of base Tenure shall not have a Right close, but ought to sue by Bill in the Lords Court, but co∣py-holder in ancient Demesne of free-tenure shall have that, Fitzh. fol. 11.

The King shall have yeare, day, and wast, of Lands in ancient Demesne, if it be so that the Tenant have sold them against his Lords will, and yet not the Lands past by surrender, Stam. fol. 50. Note this is where the copy∣holders in ancient Demesne have used time out of minde to sue for them by petty Writ of Right close, and so is 14 H. 4. fol. 1. by Hank and 14. H. 4 fol. 34. and see 3 Ed. 3. Br. tit. copy-hold 22. And in these surrenders of Lands in ancient Demesne of frank tenure it is not used to say, (to hold at the will of the Lord) in these copies, but (to hold according to the custome of the Mannor) by the Services before due, and is not said there, (at the Will of the Lord.)

Ancient Demesne is Socage Tenure, for they are cal∣led Sokemaines, Fitzh. 14. C.

By what Writ Execution shall be in ancient Demesne, and by what not, and shall be free of Toll, &c.

EXecution of Writs in ancient Demesne cannot be, for that Execution is given by Westm. 2. chap. 18. and that the Statute is, if they be ejected of those Tenements they have to recover by a VVrit of new Disseisin, 22 Book of Ass. 45.

Upon a Statute Merchant execution was awarded of Lands in ancient Demesne, Br. Tit. 37.

Debt against Heire, if he hath Lands in ancient Demes∣ne they shall be charged as Assets, 7 H. 4. fol. 15.

Those Tenants of ancient Demesne are quit of Toll, and passages for Goods sold and bought in Faires and Markets, and to be quit of Taxe and Tallage of Parlia∣ment; unlesse they be taxed by the Parliament, and to be quit of expences of Knights of Parliament, and shall not be put upon Juries and Inquests out of ancient Demesne for Lands of ancient Demesne, Eitzh. 14.

Court of Pipowders.

Let us see the nature and authority of Court of Pipow∣ders.

COurt of Pipowders is a Court of Record and the Ste∣ward is Judge, for that that there are no Suitors there, and for that error lieth there upon erronious judgment given, and not a VVrit of false judgment, 6 Ed. 4. fol. 3.7 Ed. 4. fol. 23. That errour lieth there.

It was held that a Court of Pipowders may be by cu∣stome in a City without Faire or Market, and therefore where it was assigned for error upon a Record given in a Court of Pipowders, according to the custome of the City held, &c. And though it be not (in full Market or Faire) it was adiudged no errour, 13 Ed. 4. f. 8.

Trespasse of Goods taken, the Defendant iustifies as Bailif of the Town of Rippon, by vertue of a command of execution of a iudgment given against the Plaintif in Debt, in Court of the said Faire at Rippon, and for that, that the Plaintif did not make agreement for the Debt re∣covered against him within ten daies, after iudgment gi∣ven, he makes price of the Goods by Merchants of the Town of Rippon, and for that makes agreement with the party, and this Justification was good, 20 Book of Assise 90.

It was enacted that no Steward shall hold Plea in this Court, unlesse the Plaintif or his Attorney makes Oath that the fact or contract was made within the Faire, and if it were the contrary he should forfeit 100 s. 17 Ed. 4. chap. 2. tit. Faires the fourth.

In Court of Pipowders the Plaintif or his Attorney shall be examined by Oath if the matter rose within the Faire, and the Defendant also may pleade that this arose in a forrain place, 1 R. 3. chap. 6.

Debt in the common Bench against Mawd, and counts that he had recovered ten Markes against the said Mawd in Court of Pipowders at Everwick, and the Plaintif by Certiorare removes (the Tenor of the Record) in the Chancery, and from thence by (Mittimus) into the com∣mon

Bench to have execution, and attachment was made upon the Originall, at the ninth houre, and he appears and pleaded, and a (Venire facias) went out, returnable at the third houre after the ninth, and so in Court of Pi∣powders the processe is from houre to houre, 7 H. 6. fol. 19.

The book of Entries, fol. 167. See there the form of the Count and (Precipe) of summoning in this Court; and the Processe of (Capias) and proceeding in Debt in this Court, and Debt against a Jaylor for escape in Title, Debt.

The book of Entries fol. 18. See (Scire facias) to have execution upon iudgment given in a Court of Pipowders, in an action of account brought there, and removed into the common Bench to have execution of that iudg∣ment.

And it seems breifly that nothing shall be sued here, unlesse the contract or deed were made within the Precinct of the Faire or Market, as it appeares above, and for that Informations of penall Statutes ought not to be sued in this Court, of things and Offences made out of Faires and Markets, as insufficient tanned Leather, carryed to be sold in Faires against the Statutes, also this Court is ordained only for hasty redresse of things there during the Faire.

Court of Marshalsey.

FIRST, In the booke called the Diversity of Courts fol. 110. It is said, that the Court called the Marshel∣sey is an ancient Court of Record, and made to have good government and order within the Kings House, for pre∣servation of the King and his Servants, and to this Court are certaine bounds limited, by 13 R. 2. chap. 3. that in all places where the King in his own person shall come and make stay there, within the Verge limited to his Graces Court, that it shall not passe the space of twelve Miles to be accounted from his Lodging, Fitzh. 141. B.

And in diversity of Courts it is said, that this Court hath power to inquire of Treason, Murder, and Felony, and to take appeales of them, and also of Maymes, if

they be made within the Verge, and between persons of the Kings House.

And said there also, that if one of the House of the King sue another which is not of the House, he shall plead to the Jurisdiction of the Court, and if they will not this excep∣tion allow, he shall have a VVrit of Errour and that shall be reversed in the Kings Bench, Fitzh. 242. A. Seek in trespasse:

And the Judges in this Court, are the Steward, and Mar∣shall of the Kings House, for in these is the order of the Kings House.

Note that by the Statute, Articuli super chartas, c. 3. that the Steward and the Marshall shall hold no Plea of Free∣hold, nor of Debt, Covenant, nor of any bargain made between any of the Kings People, but only of trespas made within the Kings House, or other trespasse made within the Verge, and of Contracts and Covenants, which one of the Kings House made with another in the same House, and not otherwhere. And they shall plead no Plea of trespasse, except the parties were arrested by them before the King departed the Verge where the trespasse was committed, and they shall plead speedily from day to day, so that it may be pleaded and determined, before the King depart out of the limits of the same Verge, where the trespasse was done, and if they cannot be determined within the limits of the Verge, the Pleas there shall cease, and be determi∣ned at the common Law, and the Steward shall not take conusance of Debt nor of other things, but of such per∣sons only which are of the Kings House, nor shall hold a∣ny other Plea by obligation, and if they do any thing a∣gainst this Ordinance, let their doing be held for nothing, see, Fitzh. 241. B. D.

10. H. 6. fol. 13. Action was brought upon this Statute, for that the Defendant impleads the Plaintif in the Mar∣shalsey for trespasse, whereof one, nor the other was of the Kings House, and there it is granted by the Court, that of trespasse within the Verge, one or the other shall be of the House, as well as of action there upon other contract: Seek, for it seems otherwise by the words of the Statute, and it is used now the contrary, diversity of Courts agrees as above, see the title of, 38 Brook.

7 H. 6. f. 33. A VVrit was sued upon the Statute (Articuli

super Chartas) Ed. 1. chap. 3. That none shall be impleaded in the Marshalsey if one party were not of the Kings House, there did aver the Defendant vext him, &c. the other saith no such record.

Brook tit. Action upon the Statute 38. That the Mar∣shalsey shall not hold Plea of Contracts, unlesse, as well the Plaintif as the Defendent are of the Kings House, for if it be otherwise the Defendant may plead to the Jurisdicti∣on, and if the Plaintif remove out of the Kings Service, hanging the Plea, the Defendant may plead that, and a∣bate the Jurisdiction and the Plea, contrary if the Defen∣dant remove out of the Kings Service, and there it was held though the trespasse made within the Verge lie there between any, though they be not of the Kings House, con∣trary of Debt and Covenant, and therefore seek of action upon the case there between strangers upon Assumpsit, for it seems that it is a Contract.

6 R. 2. Tit. 49. Br. Action upon the Statute, Debt upon Recovery of Dammages before the Marshall, in an action of Covenant before the Marshal, that is a good Plea to the Jurisdiction, that none of the parties was of the Kings House at the time, &c. For the Statute of (Articuli su∣per chartas) cap. 3. will as above, and therefore it is (coram non Judice) if it be otherwise.

19 Ed. 4. fol. 9. By Littleton, and not denied, where one is out-lawed in the common Bench without Originall, it is not void, but errour, but Judgement given in the Mar∣shalsey between parties which are not of the Kings House, is voide, for they have no power to hold the Plea, and if execution of that Judgement be sued, the other shall have trespasse upon it.

Then for that, that the Statute of (Articuli super char∣tas) aforesaid, limits what actions shall be sued in the Marshalsey, it seems that information upon penall Statutes shall not be sued there, for the Attorney of the Queen, nor informer shall not inform there, and this is no Suite between the parties that the Statue of Artic. provides, and they are no such actions, and for that Mr. Poole Steward there, did well to reiect the informations of penall Sta∣tutes aforesaid out of the Court, and in this Court and the Court of Pipowders the Suite is, J.S. complaines against J.D. and your information is, Memorandum, that such a

day J.S. came here into the Court, &c. And gave the Court so to understand that, &c. And there is another form, and where there are diverse Statutes which gives liberty to sue for penalties in any Court of Record of the King by expresse wordes, yet it was never seen in any suite by information, for such penalties in the Chancery, Court of Wards, Court of Requests, for suits there are by English Bills and matters of conscience, and Leet is a Court of Record of the King, and yet no information shal be there, and so it seems in a Court of Pipowders, & they do not use in these Courts English, nor in Leet where the matters are by presentment of the Jury to be informed there, nor in Court of Pipowders, unlesse the Lord hath the panalties by the Kings Grant, for in these Courts the attendance of the Kings Attorney is not requisite, and who shall account and pay the King, his halfe in these Courts, and for that it is hard to sue information there, see 44 Ed. 3. Tit. 1. Action populer B.

And though that some Statutes by expresse words are, That it is lawfull to sue for these penalties of Statutes, in any Court of the King, of Record, this is to be intended in such Courts which have been used, as in the Common Bench, the Kings Bench, the Exchequer; and for that the Statute of Acton Burnell, fol. 136. is, That where an Extent upon a Statute Merchant is found too high; it is forthwith that the extenders shall answer, for this is to be intended at the day of extent, and not forthwith, 2 H. 4. fol. 19. So this is taken by intendment, as above, 8 H. 4. fol. 11. Also the Statute of Donis condicionalibus, the letter is, That Fine by Tenant in taile (in right is no∣thing) for that is to be taken as wise men have taken it, that is to say, That the Issue in taile be put to a Forme∣don, and cannot enter, 11 H. 6. fol. 19.

Also the Statute of the yeare 8 H. H. 6. chap. 10. is, That upon Indictment shall goe two Capias and Exigent, and that the second Capias shall be with Proclamation, at a place which hath addition: If he be Indicted in another County then where he dwells, and it be not so, the Out∣lawry shall be void; and this is taken by this Booke of 11 H. 6. fol. 19. It shall be avoided by Writ of Errour, and not voyd, according to the expresse words of the Statute.

Also it is not used where Faires or Markets are granted, to grant to the Lords of that, forfeiture of penall Sta∣tutes, that that is not granted to the Steward and Mar∣shall, and for these causes, Informations shall not be sued there.

Customes.

It is sayd that the fifth ground of the Law is particu∣lar Customes, and for that Custome is inquirable by the third Article, Doctor and Student, fol. 20.

And for that it is expedient to say some thing of Customes, and first to write such Customes to you, which I have seene allowed between Copy-holders within Mannours, where I have been at Courts.

FIrst, * 1.207 Custome of some Mannor is, that the youngest Son, or Daughter of the first Wife, being marryed a Virgin, ought to inherite.

Custome of some Mannor is, * 1.208 That the Woman being espoused a Virgin, shall have all the Copy-hold, whereof the Husband dyed seised, for her frank bench; but the Husband may alien all or part, without the Wife, and then shee cannot claime Dower.

Custome in some Mannor is, * 1.209 among Copy-holders, that the youngest Son shall inherite, as in Borrough English, and if he have no Sonne, his younger Brother, as at Edmonton.

Custome of some Mannor is, * 1.210 that all the Sons, and all the Brothers shall inherite together, as in Gavel-kind at Islington.

Custome of some Mannor is, * 1.211 That if the Tenant dyes seised of five Acres or lesse, then the youngest Son ought to inherite, but if it be above, then all the Sons, as in Gavell-kinde, ought to inherite.

Custome of some Mannor is, * 1.212 If a Copy-holder sur∣render his Land to the use of a stranger, that before the stranger be admitted, Proclamation shall be made in the Court thereof; and if the next of the blood will come in, or Clivenor Land mark, those next adjoyning to the bar∣gaine

from the East of the Son, and will pay so much for the Land surrendred, as hee which made the bargaine ought, together with all his costs, which had the Land so surrendred, and then the Bargainee shall make Oath in Court what he payd, and that shall be payd him forth∣with in Court, and then the next of blood, or Clive∣nor, which pay that shall be admitted, and shall have the Land.

Custome in some Mannor is, Where surrender is of Copy-hold made to him and his, that is an Estate of In∣heritance in Fee by the custome, though it be not to him and his heires; And in some Mannor it is to him and his in Villainage, and yet it is a good Estate of Inheritance by the custome.

Custome of some Mannor is, That surrender may be made into the hands of the Bailiffe in the presence of two Tenants witnessing that; and in some Mannor in the hands of two Tenants, to the use of him to whom, &c. And in some Mannor, in the hands of one Tenant to the use of him which should have it; and all these are good customes, and allowed.

Custome of some Mannor is, * 1.213 that the Wife shall have no Dower, nor the Husband shall not be tenant by the curtesie: And the custome in some Mannor, that she shall have the third part of the Rent, and not any Land for her Dower, as at Bush.

Custome in some Mannor is, * 1.214 that surrender may be made into the hands of a tenant, in the presence of other persons, to the uses, &c. and is good.

Tenant at will by the common Law, * 1.215 may cut Trees to repaire his Houses, and also may take House-boot, Hedge-boot, and Plough-boot, and all this Tenant by Copy may doe: And by the custome in diverse Mannors, copy-holder may cut his Trees and Wood, and sell it at his pleasure; and also to suffer the Houses to decay, and yet it is not forfeiture, as it is at Islington.

Custome of some Mannor is, * 1.216 that copy-holder may let that by Indenture for three yeares, without license of the Lord, and in some for nine yeares, and in some Mannor for more, and in some Mannor hee may let from three yeares to three yeares, to the terme of one and twenty yeares, and is no forfeiture.

Custome of some Mannor is, * 1.217 that where the copy-hol∣der is Inheritable, that the heire shall choose the best Beast, and the Bailiffe of the Lord shall seise two of the next best Beasts, and for a Cottage, two shillings in Silver, for Harriot shall be payd and no Beast.

Custome of some Mannor is, * 1.218 to pay six shillings eight pence for a Harriot, and no Beast.

Custome of some Mannor is, * 1.219 that a copy-holder pay but one penny for a Fine, though there be a hundred Acres, or more; and in some Mannor, six shillings eight pence for every dwelling House, and also for every Acre six shillings eight pence, and for every Cottage six shillings eight pence, and also six shillings eight pence for every Hampsell; that is, an ancient House or Cottage decayed, six shillings eight pence: And in every Mannor the Fine is uncertaine, but yet the Lord there shall not take more for his Fine, then hath heretofore been taken for a Fine; and if he doe otherwise, the remedy for the copy-holder, is in the Chancery against his Lord.

Custome of some Mannor is, that if copy-holder dyes, his heire within age, the custome in most Mannors is, that the custody shall be committed by the Lord to the next of blood, to whom the Land cannot descend: And in some Mannors, the Bailiffe of the Lord shall have the cu∣stody, and render the heire an account at fourteene years of the profits; and by the custome in some Mannor, at fourteene yeares, the heire may choose to him a Guar∣dian.

Custome in some Mannor is, * 1.220 to have certaine dayes of labour, in harvest for a day or two dayes; and in some Mannor he shall pay foure pence for every day labour of that.

Custome of some Mannor is, * 1.221 that he shall pay for Re∣leife upon a discent, but halfe that which is due by com∣mon Law, as if he hold by six pence, he shall pay but three pence for Releife; but yet he ought to pay that releife by the custome: Also if he come in by Purchase, he ought to pay in the like manner, halfe his Rent as a∣fore is sayd; that is to say, three pence, where his Rent was six pence.

Custome of some Mannor is, to pay but one penny for releife, and not more nor lesse, though his Rent be ten shillings.

Custome in some Mannor is, * 1.222 that if a man marry a Mayd, and dye seised of copy-hold, this Wife shall have all the Land during her life, for her Dower; but if hee marry a Widdow, and dye seised, shee shall have no Dower.

Custome of some Mannor is, that if one were no copy∣holder of that Mannor before, and purchase Lands, at first the Fine is arbitrable and granted at the will of the Lord; but he nor his heires after shall pay no Fine, but shall be admitted free, without paying Fine for all the Lands which he after purchaseth within the Mannor.

If a man let to three for life, to have successively, yet this is a Joynt Estate, and (successively) is void; but by custome of copy-hold (successive) holds place, and one shall have it after the other, 30 H. 8. tit. Leases 54.

And note that you doe not say, as many use to say, that there is such a custome, when they see the Law to be contrary to their intent, as diverse Stewards doe, when for favour that they beare to one party, will ayde him by customes when there is no such custome to helpe him.

And I have heard a Steward say, By the custome of a Mannor a Wife is dowable, and by the custome that shall be assigned by the Homagers, without plaint in na∣ture of Dower against the Tenant of the Land, and with∣out answer of the Tenant, and without any processe made against him, contrary to Fortescue, fol. 85. which is, That none is to be sued but by the Law: And the case was this, That the Husband before that he tooke a Wife, made an Estate for life, reserving Rent, and after he took a Wife and dyed, so that by the Law the Wife is not Dowable of the Land; much more, shee shall not be assigned there by the Homagers; but saith the Steward in such a case, shee is by the custome of this Mannor dowable in this case; and such blinde and unreasonable customes are al∣leadged many times amongst copy-holders, where there is no President nor usage in this case to be shewed.

But you ought not to allow any custome, but that which hath been used from time to time, and from time out of minde, and there ought to be Presidents in the Court-Rolls, or good proofe of that to be shewed to the Court

accordingly, otherwise it is not to be allowed for a cu∣stome.

And for that, that you ought to note, what custome ought to have lawfull beginning, as might take lawfull effect by Grants at the beginning, for if it be against common right and reason, it is not good; and for that you ought to regard these Grounds and Customes.

FIrst, That it be reasonable, 2 H. 4. tit. 10. And for that custome that no Tenant of the Mannor, put in his Beasts, to use his common in Feilds sowed, after the corne is taken off, till the Lord hath first put in his Beasts, is not good; for it may be the Lord will not put in his Beasts, and then the Tenants shall loose their profits.

Also that it be according to common right, 42 Ed. 3. fol. 4. Prescription of the Sheriffe, that the Tenants of the place, ought to give to the Sheriffe for easement, for reward at the Turne of the Sheriffe, halfe a Marke, and this is against common right, for every gift cometh upon his liberality, and at the will of the giver; and for that it is not good; and also saith, that the Sheriffe cannot prescribe.

Also that it be upon good consideration, 42 Ed. 3. fol. 4. In the case next before, where the Sheriffe prescribes, for that that there is nothing which toucheth the King, of which he is charged in account, it is not good, for there is no consideration: And as 5 H. 7. fol. 9. prescription, that if any pasture Sheep upon his Land by day, that hee may have Foldage of them in the night upon his Land, it is good, for it is with consideration.

And you ought to note, that prescription, custome, and usage, are as Brothers, and yet some thing they differ in their natures, for Prescription is, when by continuance of time out of memory, one particular person hath par∣ticular right against another particular person.

And custome is, where by continuance of time out of memory, one right is had concerning diverse persons; and usage is, by continuance of time, the efficient cause of them both, and usage is the life of Prescription and custome; for Prescription and custome have their being by usage of time out of mind, &c.

Custome or prescription that every one which breaks the Lords pound shall pay three pound nine pence, is not good against a Stranger to the Lord, but that every tenant which breakes the pound shall pay three pound nine pence to the Lord, is good, for the Lord may give the Tenements of his Tenant to hold by such, &c. 11 H. 7. fol. 14. So that at the beginning the Lord may create these customes a∣foresaid amongst copy-holders.

Custome to prescribe to have used fold-gate in the night for pasture in the day, is good, for it is (one for a∣nother) and it is with common right, 5 H. 7. f. 9.

Custome that the Tenant of time out of minde, hath u∣sed to pay so much for the Marriage of his Daughter, is good 43 Ed. 3. and 6. but Littleton fol. 46. contrary.

Custome or prescription against common Right, is not good, and for that, that it hath been used in Leet, that if the petty twelve present false, and the other twelve inquire of that, and finde that false, shall be amerced, is not good, the same Law for the Lord of the Leet, which hath no Land to prescribe to be Lord of Waste, 9 H. 6. fol. 44.

Custome or prescription of folding Sheep in the night gathered to the Fold, is not good, unlesse it be as above for their pasture, 46 Ed. 3. fol. 13.

Custome or prescription that one may keep the distresse till he be satisfied at his Will, is not good, for it is against common right, Lit. fol. 46.5. H. 7.9.

Custome or prescription, that one shall have the Land to plow and sow, and when the Corn is carryed, another may have that as his severall, is good, time of Ed. 2. Tit. pre∣scription, 55.

Custome or prescription to have Toll through, which is in the high-way is not good, for it is against common Right, but to have Toll travers, is good, 22 Book of Assise, 58.

Custome or prescription to have Warren in his Signio∣ry Lands is good, but not of Lands which are not held of him, 3. H. 6.13.43. Ed. 3.13. and see 44 Ed. 3.13.

Custome is good which is not against the Law of Reason nor the Law of God, as customes of Gavelkinde, and Bo∣rough English, and Doctor and Student, fol. 20. B.

Custome that every Tenant of the Mannor, ought to

pay two Markes for Releife, hold they more or lesse, is good, 40 Ed. 3. f. 6.

Custome that the Tenants of the Mannor time out of minde, have used to choose a Beadle for them, to gather the Lords Rents, is good, 44 Ed. 3. fol. 13.

Custome that none of the Town of D. shall put in their Beasts into the Feild after the corn taken off, untill the Feast of S. Michaell is a good custome of the Town, after 46 Ed. 3. fol. 24.

But custome that none shall put his Beasts into the Feilds after the corn severed and carryed, before the Lord put in his Beasts is not good, for paradventure the Lord will never put in his Beasts, 2 H. 4.24.

Custome of the Town of Barton, or of a Mannor, that a Wife shall have all the Land of her Husband for her dow∣er, or a halfe, or fourth part, is a good custome, 2 Ed. 4.17. and 21 Ed. 4. fol. 64. by Choke.

It is held that custome, throughout the whole King∣dome is common Law, and one cannot prescribe that it is a custome throughout the whole Kingdome, but it is a cu∣stome in such a City or such a County, 34 H. 8. Tit. custome 59.30 Ed. 3.25. 2 H. 4. fol. 18. custome of County, 21 Ed. 4.54.

Custome of the Town which is no Burrough nor corpo∣ration allowed there, but see, 4 Ed. 3.38. in a reasonable part, and see 21. Ed. 4. f. 53. and 54.40 Book of As. 27. and 45 As. 48. against the custome of the Villiage.

That he hath been by prescription the keeper of a Wood, and custome to have of every comer a measure of work, or three pence, and of every one which hath a Gate into the Wood, a Hen is a custome allowed, 11 H. 6.2.

Custome or prescription to have House-boote in the Lords Wood, is good, but not to have Wood to sell, 11 H. 6. f. 11.

Custome that within the Mannor of D. the Wife shall have the whole Land of her Husband in Dower, whilest he is unmarried, and if she marry, that she shall forfeit that, is good and allowable, 21 Ass. 11.

Custome that a Woman covert may demise and surren∣der her Copy-hold to the use of her Husband, this cu∣stome is not allowable; but custome that an Infant at his age of discretion may surrender his copy-hold, that is

good; but contrary of an Infant within age of discretion to make a surrender.

21 H. 7. fol. 26. Lord to prescribe that every Tenant of his Mannor ought to Impound distresse▪ taken within his Mannor, in his Pound, is not good, for he may Im∣pound in his owne Land.

8 Ed. 4. fol. 19. Those which are Fishets in the Sea, may prescribe to goe upon the Land adjoyning to the Sea to Fish, for that is for the Common wealth, but to digg to fix the Stakes to dry their Nets, is against common right, and is not good.

21 Ed. 4. tit. 50. Custome to turne his Plough upon the head-land of another, is a good custome.

40 Edw. 3. fol. 9. Custome to pay to the Lord five Marks for Releife, and not more, hold he more or lesse, is good.

44 Ed. 3. fol. 13. Custome that the Tenants ought to choose a Beadle amongst them, to geather the Lords Rents, is good.

2 Mar. tit. Prescription, B. 100. Custome may be al∣leadged, where there is no person that may prescribe, as Inhabitants cannot prescribe, but alleadge custome there, to have Common in D. for one goes with the person and another with the place; and prescription with the person, by 21 H. 7. fol. 13. that is, That all the Tenants have used to pay after their death a Harriot, is not good, but that the Lord hath used to have after the death, &c. he may prescribe.

18 H. 8. fol. 2. Inhabitants, by Fitzherbart, cannot prescribe to have Common; but the Lord may prescribe for him and his Tenants, &c. of time out of minde, &c.

7 Ed. 4. fol. 24. It seemes that Inhabitants cannot pre∣scribe to Intercommon, because of Neighbourhood, but Inhabitants may prescribe to have easement; that is to say, That they have a way, or other thing of easement, but not to take profit.

12 Ed. 4. fol. 2. It seemes by Catesby, that the Inhabi∣tants of D. may prescribe, that they have used to pay but three pence for Toll.

18 Ed. 4. fol. 3. It is sayd, that the Inhabitants of D. cannot prescribe that they have used to have Common in

anothers Freehold, but that they have used to have a way, 15 Ed. fol. 28. the same.

40 Ed. 4. fol. 18. Schollers of Oxford, and Justices of Assise may prescribe to have principall of Houses, not∣withstanding they are not corporate, for that they are for the Common wealth.

26 H. 8. fol. 6. Parishoners may prescribe to choose two Church-wardens of a Church, every yeare, and good.

11 Ed. 4. fol. 2. Serjeants at the Law may prescribe that they have used to be Impleaded by Originall, and not by Bill, and so prescribe in usage.

20 Ed. 4. fol. ult. Officer which hath his Office at will, may prescribe, as Cheife Justice of the Bench, and other, which have used to give Offices.

22 Ed. 4. fol. 18. The Lord Chancellor of England, which is at will may prescribe in usage; that is, to present to all Benefices under forty Marks, which are in the Kings right; but he ought to prescribe in his Office; that is, that all Chancellors, &c. and so many Justices prescribe, 20 H. 6. fol. 9. the same.

12 H. 7. fol. 14. Officers may prescribe that they and all the Officers whose Estate, &c. Have used and so forth, &c.

Note how one shall have a Rent or a thing which cannot be granted without Deed by prescription.

13 Book of Ass. 4. Rent was recovered by Verdict in As∣sise, where the Assise found, that he and those whose E∣state he hath, were seised of time out of minde, and so note, Rent recovered by title of prescription, and the party shews a deed by which he purchased the Rent, but not a Deed of the beginning of it.

Littleton fol. 34. saith, Such things which cannot be gran∣ted nor aliened, without Deed or Fine, a man which will have things by prescription, he cannot otherwise prescribe, but in him and his Ancestors whose Heire he is, and not in him, and those whose Estate he hath, for that, that he cannot have his Estate without Deed or other writing, which he ought to shew.

12 H. 7. fol. 14. One avows for that, that he and all those whose Estate he hath in the Hundred have view of Frank

pledge, and that by reason of ten Acres within that, he ought to make Suite at the view, &c.

22 Book of Ass. 53. Ass. One makes Title to Rent, that he and his Ancestors, Lords of the Mannor of D. and those whose Estate he hath, of time out of minde, have u∣sed the Rent, and this is good without shewing a Deed of purchase of that, being appurtenant to the Mannor.

11 H. 6. f. 14. To say that he is seised of a Messuage, and twenty Acres, and to prescribe that he and all those, &c. have used House-boote and Wood to sell, it is not good, to prescribe to sell it.

Custome shall be taken strictly.

Custome of London is, that a Citizen and a Free-man may devise in Mortmaine, but a Citizen which is a for∣rainer, cannot devise in Mortmain, for it shall be taken strictly, 5 H. 7. f. 10.

5 H. 7. fol. 41. Custome that an Infant of the age of fif∣teen years may make a Feoffment, yet a Lease and Release which mounts to so much, is not good.

22 Ed. 4. Tit. 17. Infant by custome of Gavelkinde at the age of fifteen may make a Feoffment, yet he cannot make a Will upon the same Feoffment, for custome shall be taken strictly.

Perkins f. 83. Where the custome is, that the Wife shall have halfe the Lands of her Husband for her Dower, yet shee shall not have the halfe of a Faire or a Bailiwick, for they are not Lands and shall be taken strictly.

38 Ass. 18. By the custome of London a Citizen may devise Lands which are within the same City in Mortmain, but not Lands out, and Forrainer cannot devise Land in London in Mortmaine.

Costs against the Plaintiffe.

THat in every Court in trespasse upon the Statute of, 5 R. 3. chap. 7. Debt, covenant by specialty or upon con∣tract, Detinue of Goods, account, action upon the case, or upon the Statute, for personall wrong ought to be reme∣died,

if after appearance of the Defendant the Plaintiff be nonsuited or a Verdict passe against him, the Defendant shall recover his costs, 23 H. 8. chap. 15.

If any be troubled by attachment or arrested by Latitat, or in London, or in a Court which hath liberty to hold Plea, and no Count be put in within three daies after the Baile put in, otherwise appeares (unlesse the Court of discretion gives longer day) the Defendant shall recover costs and dammages, the same Law is if a Suite be discontinued af∣ter Count, or that the Plaintiff be non-suited, then the De∣fendant forthwith by discretion of the Court shall recover costs, and the Statute gives Debt for the costs, 8 Eliz. Chap. 2.

But one arrested by Bill of Middlesex, shall not recover costs though the Plaintiff do not count to be nonsuited.

If a matter passe against an Informer by Verdict or Judg∣ment, the party shall have costs, and shall have execution by a Capias to satisfie fieri facias, or Elegit, but these two last Statutes do not extend to a Court-Baron, 18 Eliz. C. 5.

22 H. 8. B. Tit. Costs 25. in (quare impedit) the Plaintiff shall not recover costs, for that the dammages are great, 35 H. 8. Tit. 258.

2 Ma. Tit. Costs 23. Debt by Lessor, if he be non-su∣ted or bar'd, the Defendant shall recover costs by the Sta∣tute, for it is upon a contract for Rent.

2 H. 7. f. 13. Account, the Plaintiff shall not recover costs, but where the Defendant is adjudged to account, and pleads Barr, &c. It is otherwise.

9 H. 6. fol. 66. He shall not recover costs, for that the dammages are tremble by the Statute, 14 H. 6. fol. 13. for∣cible entry the same.

In London by act of common Councell in trespasse by force of Armes, and in all other Actions personalls, if the Plaintiff be non-suited, or a Verdict against him, and Judgment upon it, or Judgement upon demur against him, the Defendant shall recover his costs by discretion of the Court, but if the Plaintiff sue as Executor or Administra∣tor, which is not upon his own act, the Defendant there shall not recover costs, and yet trespasse (by force of Armes) is not within the Statute, 23 H. 8. chap. 14. to have costs.

Damages.

IT seems if one take my Beasts, and after they return to me again, I shall have trespasse for taking, but upon the evidence I shall not recover the value, though the value be in the Writ, 11 H. 4. fol. 23. 1 H. 6. fol. 8. 19 H. 6. fol. 34.

In what plaints Damages shall be recovered in Court-Ba∣rons, and in what cases in Court-Barons and other Courts, and in what not.

• In plaint in nature of
• Assise of novell disseisin,
• Grandfather and Great Grandfather.
• Entry by disseisin,
• Dower,
• ...Nuper obiit,
• ...Mortdancester.
• Cozenage.
• Replegiare.
• Covenant.
• Debt.
• Action upon the Case.
• Deceit and trespasse.

Damages and costs shall be recovered by the Plaintiffe.

Eight Marks were given in plaint of Land in Court-Baron, Plowdens Commentaries, f. 394. B.

If any avow for Rent, or doing damage, custome, or service, if the Plaintiffe be non-suited, or otherwise bar∣red, then the Avowant shall recover damages and costs, as the Plaintiffe ought: See 19 H. 8. fol. 8. & 12 H. 8. chap. 19. Rast. tit. Avowry 1.

Discent.

THen for that, that the second Article, is to inquire who is Tenant, and what advantage the Lord shall have by the death of his Tenant: It behoveth to know, who is in by discent to be your Tenant, that you may know of whom to have releife, and who to be in Ward, and who not, and who shall be sayd in by discent, and

where by purchase, and where hee shall not be in by discent.

Gift to one in taile, remainder to the right heires of J. S. which was dead. T. S. hath that as right heire, and is in by purchase, and shall not pay releife, nor be in ward, 40 Ed. 3.9. & 32 Ed. 3. Fitzh. Discent 8.

Lord and Tenant, the Tenant aliens in Mortmain, and the Alience is disseised and the Disseisor dyeth seised, his Heire is in by discent yet the Lord may enter within the yeare for he hath only a Title to enter and cannot have an action, but contrary of him that hath right of entry and may have action, 1 Ed. 6. Tit. Mortmaine 6. Bro.

Lease for life, the remainder to the right Heires of J.S. the Tenant for life dies, living J.S. the remainder is void and J.S. nor his Heires shall not be said in by discent to pay releife, nor otherwise shall have the Land as purcha∣sor, 9 H. 6. f. 24. Perkins f. 12. the same.

Lease for life the remainder to the right Heires of J.S. and J.S. dies, Tenant for life hath aid of T.S. Son and Heire of J.S. and though he were within age, he shall not have his age, and shall not pay releife nor be in ward if they hold by Knight service and be within age, for that he is in as a Purchasor, 11 H. 4. f. 74.

Lease for life the remainder to another in taile, which dies his Issue within age, and after the Tenant for life dies, the Issue is in by discent, and if he be within age and hold by Knight service, he shall be in ward to the Donor, 33 H. 6. f. 5.

And for that, that in the said second Article of Charge, you ought to inquire if any Tenant be dead, who is his next Heire. Let us now see where a Woman is with child at the time of the death of her Husband Tenant, and by whom she shall be Judged with child, and who shall be said in af∣ter the death of the Husband as Heire, and shall be Tenant to the Lord, and who not.

IF the Husband Tenant dye seised, and his Wife with Child, and a Brother of the Husband enter as Heire as he may, and after Issue is born, this Issue is Heire to the Husband, and Tenant to the Lord, and not the Bro∣ther, though he were Tenant and Heire before the Issue was borne, 41 Ed. 3. fol. 11.

A man Tenant hath a Daughter, his Wife with child with a Son, and makes a Feoffment upon condition and dies, and the Daughter enters for the condition, &c. and after the Son is born, this Son shall not be Heire nor Te∣nant of this Land, the same Law is where there is a Lease for life, the remainder to the right Heires of J.S. Tenant for life dies, the Daughter enters, and after the Son is born, he shall not be Heire and Tenant of that Land, 9 H. 7. f. 25. Plow. f 56.

Daughter enters after the Death of her Father Tenant, and takes profits, and after the Son with which the Wife was with child, is borne, he may enter and have that as Heire, and shall be in by discent and Tenant, but hath no remedy for the profits taken by the Daughter before he was born, 9 H. 6 fol. 26.

If a Woman Tenant seised in Fee hath a Daughter, and being with Child with a Son, the Husband dies, and after the Wife is ravished, and consents to the Ravishor, and the Daughter enters by the Statute as next of blood, as she may, and after the Son is born he cannot enter upon the Daughter and be Heire, and Tenant to the Lord, Plowd. Com. f. 56. 5. Ed. 4. f. 6.

By Tearmes of the Law thirty, and Wilby, if a man Te∣nant seised of Land in Fee, dies seised, his Wife privily being with Child with a Son, and another man marryes her, and after the Son is born, he shall be adiudged the Son of the second Husband and not of the first Husband, and shall be Tenant to the Lord, of the Land of the second Husband, and Berrey Justice said, that the Infant might choose which he would for his Father, 21 Ed. 3. f. 39. Other∣wise it is, if she had been great with Childe.

If a Woman be with Child by her Husband Tenant, or by another, it shall not be tryed, but if she be with Child at the time of the death of her Husband or not, shall be in Issue, for by, 1 H. 6. f. 3. If the Wife of J.S. go away with an Adulterer, and hath Issue, if J.S. her Husband be within the foure Seas, the Issue is Heire of J.S. for by whom the Woman is with Child it cannot be tried, and for that it shall be intended by J.S. 41 Ed. 3. f. 11. and 7. H. 4. f. 9. the same.

If a man marry a Wife which is great with Child by a∣nother man, and within three daies after Marriage she is

delivered, and the Husband dies the Issue is lawfull, and Heire and Tenant to the Lord, and no Bastard, 18. E. 4. f. 30. a.

24 H. 8. Br. Title Bastardy 44. it was said if a man marry his Cozen within the degrees of Marryage, and have Issue and are divorced in their lives, and by that the Marriage is avoided, and the Issue is Bastard, contrary if one dye before the Divorce.

21 H. 7. f. 41. If a Deacon takes a Wife and hath Issue, this Issue is no Bastard; otherwise it is of a Marriage be∣tween a Fryer and a Nunn if they have Issue.

11 H. 4. fol. 76. Sayd by our Law, if one marry his Cozen, their Issue is no Bastard, till they are divorced, but shall take by Discent.

42 Ed. 3. fol. 11. If a man marry a Wife, and living that VVife, marry another, and hath Issue by the second, this Is∣sue is a Bastard, notwithstanding that the first VVife after dies, and shall not take by Discent.

For that, that in the same second Article of Charge, it is in∣quired if any Tenant of the Lord be dead, who is Heire and Tenant to the Lord, let us now see where the halfe blood is impediment, and where not.

TEnant gives Land to the Father for life, remainder to Rich. his Son in taile. The remainder to the right Heire of the Father, the Father dies, Rich. enters and dies without Issue of his Body, his Brother of the halfe blood shal have the Land and not the Uncle of Rich. and shall be Tenant, and the halfe blood is no impediment, 39 E. 3. tit. 5.

A man Tenant had Issue by two severall Bellyes and dies, the eldest Son enters and endowes his Mother, the Heire dies without Issue, the Tenant in Dower dies, the youngest Son of the halfe blood shall inherit it, and shall be Tenant, 7 H. 5. f. 2. 58. Assises 6. accordingly.

Father seised of an Advowson in grosse hath a Son and Daughter by one Belly, and a Son by another and dies, and the eldest dies before presentment, the youngest Son shall be Heir, and the half blood is no impediment, 3 H. 7. f. 5. Fitzh. f. 36. O.

If the Father Tenant hath a Son and a Daughter by one Belly, and a Son by another, and lets to one for life and dies, and the Reversion is discended to his eldest Son, which dies before the Tenant for life, this is no possession, that the Daughter shall have the Land, but the Son of the halfe blood shall be Tenant to the Lord, but if reversion of tearm of yeares were in the eldest Son which dies before the Tearm ended, the Daughter shall have the Land, and shall be Tenant to the Lord, and not the Son for halfe blood is impediment, 5 Ed. 4. f. 9.

But in the case next before, where there is a Rent reser∣ved upon the Estate for life by the Father, and the eldest hath the reversion and Rent and dies, the Daughter there shall inherit, and the halfe blood is an impediment to the Son to be Heire and Tenent, yet if the Father dies, and the eldest Son dies before payment of Rent, there it is o∣therwise, 35 Book of Ass. 2.

If a man Tenant hath Issue two Daughters by severall Bellies and dies, and they enter and make division betwixt them, if one dye without Heire generall or speciall her part shall escheate to the Lord, and not discend to the Si∣ster of the halfe blood, but if that Sister hath an Uncle it ought to discend to him, and if he enter and dies with∣out Issue, it shall discend to the Sister of the halfe blood, see, Littleton fol. 3. Natura brevium fol. 10.

If a man Tenant hath three Daughters by on Belly, and a Daughter by another and dies, and the foure Daugh∣ters enter, and two of them by the first Belly dye, now the third of the whole blood shall have three parts, and shall be Tenant of that to the Lord, 10 Ed. 3. Tit. 13. and 10 Ass. 27. accordingly.

Note that the possession of a Brother to make the Sister inheritor, and not the Son of the halfe blood, is only of fee, and not of fee taile, 32 Ed. 3. Tit. 8.37 Book of Ass. 15. accor∣dingly.

If the Donee in taile have a Son and a Daughter by one Belly, and a Son by another and dies, and the Son of the first Belly enter, and dies seised without Issue, the Son of the second Belly shall be Heire and Tenant to the Donor, and not 〈◊〉〈◊〉 the Daughter, Natura brevium, fol. 147.

If a man hath a Son and a Daughter by one Belly, and

a Daughter by another, and Lands are given to the Fa∣ther for life, the remainder to the Son in taile, the re∣mainder to the right Heires of the Father, the Father dies and the Son enters and dies without Issue, the two Daugh∣ters shall be Heires and Tenants to the Lord, for the Son was not actually seised of the Fee, 5 Ed. 1. Tit: 14.32 Ed. 3. Tit. 9.24. Ed. 3. fol. 24. and 37. Book of Ass. 4. accordingly.

The possession of the Brother, of Lands held by Knights service, there the possession of the Guardian, if the Son dyes in Ward, is possession of the heire to make the Sister inherite, and to be Tenant to the Lord, and not the Son of the halfe blood, 8 Ed. 3. tit. 12. and 8 Booke of Ass. 6. accordingly.

Lands discends to two Coparceners, which are by se∣verall bellies, and one dye before entry into the Land, the other shall have Mortdancester, as heire of her Father of the whole Land, for that, that the other was never seis∣ed, 34 Book of Assises 10.

Escheats.

Where it shall Escheat and not discend, and where not. And for that in the same second Article is also inquirable what advantage the Lord may have by the death of his Tenant, that is to say, Ward, or Escheat: Now let us see what is impediment by attainder, and otherwise, that the Issue of the Lands in Fee, cannot be heire by discent, not that his Father and Mother were marryed, and where the Lord shall have that by Escheat, and where not.

IF an Infant of the Age of seven or eight yeares mar∣ry a Wife, and his Wife have Issue within one yeare or two after marriage, this Issue shall not be his heire, and if he have no other heire generall or speciall, the Land shall Escheat, 38 Book of Assises, 24.

If the Father being an Alien, hath a Son, and after the Father is made Denizen, and after hath another Son, and after purchase Lands and dyes, the youngest Son is heire, and if he dye without Issue, the Lord shall have the Land by Escheat, and not the eldest Son, for he is an Alien, Doctor and Student, fol. 12.

The eldest Son is attaint of Felony in the life time of his Father, and is hanged, the Father dyes, the youngest Son shall inherite, and it shall not Escheat: But if the eldest Son be attaint in the life time of his Father, and survive the Father, the Land shall Escheat, 20 Booke of Assises 2.46 Ed. 3. tit. Discent 6.49 Ed. 3. fol. 11. & 31 Ed. 1. tit. 17. accordingly.

If the Son be attaint of Felony or Treason, and after is pardoned, and after that his Father dyes seised of land, the Lord shall have that by Escheat, rather then the Son, 13 H. 4. fol. 8.1 E. 3. lit. 15. accordingly: See before that Doctor and Student, fol. 25.

Where the Husband is attaint of Felony, and purchase his pardon, and after dyes, his Wife shall not be endow∣ed of Land, which he had before the attainder, but it ought to Escheat; but of those which he purchases after, shee shall have Dower, and shall not Escheat, Littleton, fol. 11.

If the Husband seised of Land, commit Felony, and after alien, and after is attaint, the Wife shall have Dower against the Feoffee; but otherwise it is if it were Escheat∣ed, Nat. bre. fol. 7.

If the Son be outlawed of Felony, in the life time of his Father, and hath a pardon, and after the Father dyes seised of Land, the Son shall not have these Lands, but the Lord by Escheat, though he hath diverse Sons, 31 E. 1. tit. 17.11 H. 4. fol. 11. & 22 H. 6. fol. 38.

The Father outlawed of Felony, purchaseth a pardon, and after purchaseth Lands, the Son hee had before the Felony may inherite them, and the Lord shall not have them by Escheat, 9 H. 5. fol. 9.

If one dye Tenant to the Lord, without heire generall or speciall, as if the Tenant be disseised, and dyes with∣out heire generall or speciall, the Lord shall have the Escheat of this Land, though he did not dye seised, for that, that he dyed Tenant, 2 H. 4. fol. 9. 7 H. 4. fol. 18. accordingly, 32 H. 6. fol. 31.36 H. 6. fol. 1.6 H. 4. fol. 5. the same; And Nat. bre. fol. 103. the same.

Where an Alien purchases, the King may seise, 11 H. 4. fol. 25. & 14 H. 4. fol. 20. accordingly.

And if a Denizen purchase, and dye without Issue born within the obedience of the Queen, this Land shall Es∣cheat to the Lord.

If an English Tenant marry an Alien, she is forthwith upon the marriage, of the Kings allegiance, and their Issue shall inherite, and it shall not Escheat, Abridgement of the Book of Assises, fol. 39.

Where there is Lord and Tenant, and the Tenant grants Rent charge, and dyes without heire generall or speciall, the Lord shall have the Land by Escheat, * 1.223 but hee shall hold it charged, 3 Book of Ass. 1. The same Law is of the Kings Tenant, which grants Rent and dyes, &c. and his heire in Ward by the Statute, 2 & 3 E. 6. chap. 8.

Lord and Tenant, the Tenant is disseised, and the dis∣seisor dyes seised, and the disseisee dyes without heire, the Lord shall not have that as by Escheat, for I intend hee dyes not in his Homage, 32 H. 6. fol. 31. B.

Lord and Tenant, the Tenant lets for life, and dyes without heire, though he dyed not seised, the Lord shall have Escheat, 2 H. 4. fol. 9.

If one be attaint of high Treason, the King shall have Escheat, of whomsoever he hold, notwithstanding if it be of petty Treason, the Lord shall have the Escheate, 22 Book of Ass. 49.

If the Tenant be beheaded for Felony, the Lord shall have Escheat, and shall say (for which he was hanged) Natura brevium, fol. 100. 8 E. 3. in the Register, f. 165. accordingly.

If my Tenant within age, alien to one in Fee▪ and within age dye without heire, the Lord may enter by Es∣cheat, 16 E. 3. tit. Statham, fol. 84.3 E. 3. Journey to North: See 6 H. 4. fol. 3. North: that he cannot enter, but he may have Escheat.

It seemes that the Lord cannot enter by Escheat, where his Tenants entry is taken away; as if the Husband dis∣continue, the Lands of his Wife, and the VVife dyes without heire, the Lord cannot enter by Escheat, 32 H. 6 fol. 27. by Littleton.

If a man goe over the Sea without license, and there takes a Wife, and there by her hath Issue, if the Issue sur∣vive his Father, the Land of the Father shall Escheat, 22 H. 6. fol. 38. by Newton.

1 R. 3. fol. 3. by Hussey, He which is borne beyond the Sea, and his Father and Mother were English, that their Issue shall inherite by the common Law, but by the Statute aforesaid it is cleer.

The same Law is where an Alien borne, purchase lands of the King before he be made Denizen, or if hee be a Denizen, and purchase Lands, and dyes without heire borne under the obedience of the King, there the King shall have that Land as Perquisite, in manner as Es∣cheat.

Where the Tenant hath an Estate in fee, and dyes with∣out heire generall or speciall, his Land shall Escheat to his Lord, Fitzh. 143. T.

32 H. 6. fol. 31. The Lord cannot enter, but where his Tenant might enter, and for that if the Husband and the Wife discontinue, and the Wife dyes without heire, the Lord cannot enter by Escheate: And if the Tenant be disseised, and the Disseiser dyeth seised, and his heire enter, and after the Disseisee dyes without heire, the Lord cannot enter.

37 H. 6. fol. 1. It seemes by Fortescue, that the Lord shall have Escheat or Ward, though his Tenant did not dye seised.

2 H. 4. fol. 9. The Lord shall have a Writ of Escheat, though his tenant dyed not seised, for if he dye his tenant, that sufficeth: If my tenant lets for life, and dyes with∣out heire, he doth not dye seised; and yet the Lord shall have the Escheat, 7 H. 4. fol. 18. the same.

6 H. 4. fol. 5. Lord and Tenant within age, the Te∣nant is disseised, and dyes without heire, the Lord may enter by Escheat: The same Law is if he being an Infant tenant alien and dyes without heire, the Lord shall have by Escheat.

Fitzh. fol. 144. A. If Tenant in taile dye without heire, he in reversion shall not have a Writ of Escheat; But if Tenant in taile, the remainder to his right heires, and dyes without heire; then the Lord of whom the Tenant in taile holds, shall have a Writ of Escheat.

Fitzh. 144. E. Where the Tenant is a Bastard, and dyes without Issue, this Land shall Escheat, Tit. Escheat 34. B. Where there is a Bastard eldest, and a legittimate younger, and the Bastard enters, and dyes seised without Issue, the Land shall not Escheat.

Natura brevium, fol. 103. If the Tenant be disseised, and is attaint of Felony, the Lord may enter by Es∣cheate,

Abridgement of Assise, fol. 88. Lord and Tenant, the tenant being within age, aliens and dyes without heire, the Lord may enter by Escheat.

6 E. 3. Statham, If my Tenant within age alien in Fee, and dyes without heire, I may enter by Escheat; the same Law is, if my tenant within age be disseised, and dyes without heire, I may enter by Escheat.

Stamf. 42. If any free tenant of any Bishop be attaint for Felony, during the time of the vacation the King shall have Escheat of his Lands: By Prerogative, ch. 14.

Fitzh. 144. O. If the Lord have title to have a Writ of Escheat, if he accept Homage of his tenant, he shall not have a Writ of Escheat against him afterwards.

7 H. 4. fol. 18. Lord and Tenant, the Tenant is dis∣seised, and dyes without heire, the Lord may enter, for right of entry may Escheat against a Disseisor; but if the Disseisor dye, or alien, the Lord cannot enter by Escheat upon the heire of the Disseisor, nor upon the Alience.

22 Book of Assises 49. The King shall have the Lands by Escheat of one attainted of high Treason, of whom∣soever hee hold, notwithstanding of petty Treason the Lord shall have them.

29 Book of Assise, 61. Note that Lands in taile shall not Escheat for the Felony or attainder of his Father, but by the Statute of 5 & 6 Ed. 6. chap. 11. for high trea∣son the King shall have his Lands.

6 H. 7. fol. 9. by Keble. Right of entry may Escheat, as where the Disseisee dyes without heire, or is attaint of Felony, the Lord may enter.

7 Ed. 6. tit. 18. It was held, If there he Lord and Tenant by Fealty and Rent, the Tenant is disseised, the Disseisee dyes without heire, the Lord accepts the Rent by the hands of the Disseisor, yet he may enter for Escheat, or have a Writ of Escheat, and the receit of the Rent no Barr; contrary, if he had avowed for that in Court of Record, or if he had taken corporall service, as Homage, &c. Contrary of acceptance of Rent by the hands of the heire of the Disseisor, or of his Feoffee.

48 Ed. 3. fol. 2. by Belk: Where a man commits Fe∣lony, and after purchase Land, or Land discends to him after, this is forfeited and Escheated, as well as the Land which he had time of the Felony made.

22 H. 6. fol. 37. by Newton, A man seised of Land in fee, goes beyond the Sea to B. out of the Kings Allegiance without the Kings license, and there marries a Wife, and there hath Issue, and dwells there all his life, and dyes without other Issue, his Land shall Escheat, and none o∣ther of the blood shall inherite.

1 R. 3. fol. 4. by Hussey, He which is borne beyond Sea, and his Father and Mother English, and faithfull to our King, that their Issue shall inherite by the Common Law, but the Statute makes that cleer, and his Lands shall not Escheat.

9 H. 7. fol. 2. If Tenant of the King dyes without heire, and none enters, the Freehold is in the King, without Office by Escheate: But if Tenant of the King alien in Mortmaine, it is not in the King without Office.

27 H. 8. tit. Office, 90. Br: Where one is attaint by Parliament, his Lands are not in the King by Escheat, to grant over without Office.

29 H. 8. tit. 52. Charter of pardon, Br. The King may be intituled to goods without Office, by Outlawry, but not to Lands.

38 H. 8. title, Thing in action, 211. Br: By the Statute of 31 H. 8. gives to the King possession of Lands of Mo∣nastries without Office, for the words are, that the King shall be in possession of them; yet if an Abbat were dis∣seised of foure Acres of land, the King cannot grant that over, before entry made by him into it.

Time of H. 8. tit. 119. Pre. Br: It seemes that the King shall not have a Precipe quod reddat, as a Writ of Escheat, but his title shall be found by Office.

Time of Ed. 6. tit. Denizen 17. Where an Alien born purchaseth, the King shall have it, but the purchase ought to be found by Office, 33 H. 8. tit. Fines levied, 115.

Title Office before Escheator, 60 Br: King shall have Chattels without Office, but not Ward.

2 H. 7. fol. 8. The King may re-enter without demand, where there is a clause of re-entry in his Lease, but then that shall be found by Office.

Tit. Escheat 23. Br: Alien borne hath Issue a Son, and after is made Denizen, and after hath Issue ano∣ther Sonne, and purchase Land and dyes, the youngest

Sonne shall have the Land, and not the eldest, nor the Lord by Escheat.

Tit. Escheat 29. B. VVhere a man is attaint of Heresie, and delivered to Lay men to be burnt, yet he shall not forfeit his Land, unlesse he be put in execution, and there by the execution the Lord shall have Escheat, un∣lesse the Land be held of the Ordinary, then the King shall have it.

Enquest.

FOR that, that you try your Copy-holders and other Issues by consent by Jury, let us see how many shall be sworn of a Jury.

The Statute of Westm. 2. chap. 13. is, that the Sheriff shall inquire by twelve and not by lesse, and the same Law shall be in Leet, and for that, that this Statute doth not extend to Court-Baron, Presentment of Articles there by lesse then twelve may be, for one may hold Court-Baron, though there be but two Suitors, and then they may in∣quire by two, of Articles for the Lord, but hard it is, when every one is inheritable to the Lawes of the Realme, and the triall of the Law is by twelve of Issue joyned between party and party, that by your not power, that is to say, that there should not be twelve Tenants of every Jury, to take from me my Triall, which the Law gives to me, and if you will try Issue by lesse then twelve, you may impannell three or foure of the Freinds to the parties, and to have no number certain under twelve, but to have such a num∣ber as the Steward pleaseth, and to be at his choise, how many shall be sworn of a Jury, and how many shall be im∣pannelled, is inconvenient where there are more within the Mannor to be impannelled, and 40 Ed. 3. f. 1. Where conusance is granted to one Court, to have conusance, if this Court faile, that it cannot make Law and Right, conusance shall not be in this case allowed, and for that that at the Exigent Bailiffs demand conusance, and shall not have it, for they cannot pronounce Out-lawrie upon that and in, Quare impedit, they shall not have conusance, for they cannot award a Writ to the Bishop, 42 Ed. 3. f. 3. Where one was out-Lawed conusance was demanded, and

could not have it, for that he could not award, Capias utle∣gatum there, and so it seems if there be not twelve to try the Issue they faile of power to minister Law and to do Justice, and Copy-holder may sue by Bill in Chancery, where there are not twelve homagers within the Mannor, or in action of of trespasse at the common Law, and the party ought to be admitted in the Lords Court, to the intent to bring tres∣passe at the common Law, and there Law is more truly administred then in Court-Barons, and also if any sue in Court-Baron for Copy-hold, he shall make his protestati∣on to sue in nature of his Writ at common Law, and the processe and proceedings shall be according to the course of the common Law, and they shall joyne Issue according to the course of the common Law; and there (Venire facias) is, that they shall cause to come twelve free and lawfull men according to the course of the common Law, and for that it seems that triall of Issues there between parties shall be by twelve and not by lesse.

And by Fortescue, fol. 54. & 57. (sworn together in the form aforesaid twelve good and lawfull men) so it ap∣peares by him that every Issue in every Court shall be try∣ed by twelve and not by lesse.

Enquest shall be by custome of the Realme between par∣ty and party, in a Court of Record, by twelve at the com∣mon Law, Doctor and Student, f. 14.

Verdict of 11 shall not be taken, 41 Ass. 11.41. Ed. 3. f. 31. & 29. Ed. 3. f. 33. accordingly.

Every Inquisition taken in the Sheriffs Turn shall be by twelve, and the same Law is said there in a Leet by the Equity of the Statute of 6 H. 4. fol. 3. Notwithstanding (seek) if less then twelve may try Issue between parties in the Court of a Lord of copy-hold or not, where there are not twelve within the Mannor, for it is held by some, that it shall be tryed by lesse, and I have seen a triall by three or foure. But I intend it is hard, and specially where there are twelve and more copy-holders within the Mannor, and al∣so it appeares in the Register, that an Action was removed out of the Court-Baron (because there were but foure Sui∣tors) and so I conclude, Issue for Copy-holders shall not be tryed by lesse then by twelve, 6 H. 4. f. 1.

18 H. 4. fol. 2 Charter of exemption that he shall not be Impannelled shall not be allowed unlesse a full Jury ap∣peare.

39 Ed. 3. Tit. 23 A Writ of not putting in Assises shall not be allowed in an Attaint, nor in a Writ of right.

21 Ed. 4. f. 53. If a man have a Charter of Exemption and that shewed to the Sheriff, and he notwithstanding, impannells him, trespasse upon the case lies against him.

Fitzh. 205. A. A Writ not to be put in Assises and Juries is founded upon the Statute of Westm. 2. chap. 39 and upon (Articuli super Chartas) which Statutes declare that persons shall not be impannelled, that is, who is sick, lame, and a∣bove 60. yeares old.

Fitzh. 266. Clerkes which have Lands by discent, or by purchase, shall be impannelled.

5 Ed. 3. f. 26. Presentment in Leet by foure and not by twelve, that one had dewelt within the Leet a yeare and a day not sworn, was traversed, but it seems if he were pre∣sented by twelve, it shall not be traversed, but if it were false, he shall have recovery by Writ of false presentment seek of this Writ.

45 Ed. 3. f. 26. Presentment in Leet that one hath dwelt there by a yeare and day and not sworn, shall be by twelve otherwise it is traversable.

3 H. 7.4. If there be not twelve to be sworn the Ste∣ward may sweare a stranger which comes within the view to be sworn in Leet.

The Lord may hold Court-Baron though there are but two Tenants, 23 H. 8. and 33 H. 8. and then two may pre∣sent Articles for the Lord, but where Issue is between party and party it shall be by twelve, for the (Venire facias) is twelve free and lawfull men, which is triall by common Law, and that seems, shall be the triall of Copy-hold Land, yet Fitzh. 41. in right shall be great Assise, that is, 24 of a Jury, and attaint shall be 24. but if in Court-Baron the (Mise) be ioyned to be tryed by great Assise, there shall go a Prohibition, &c.

Fitzherbart 107. C. Enquest of office, as in a Writ to inquire of waste, it may be inquired by six or eight, 2 H. 4. f. 7. & 3 H. 6. f. 29. the same.

13 H. 8. f. 13. Where a Lord of Parliament is arraigned, there shall be eighteen or twenty Lords of the Enquest, and they shall not be sworn.

20 H. 7. fol. 3. Jurors may drink after their Charge, and

before their agreement at their own proper charges, it seems their Verdict is good, for there doth not appear any corruption in them, nor that they drank for any corrupti∣on, for all drank together, and every one was in as good plight to resist as others are, &c.

19 Ed. 4. f. 6. After the Jury sworn, and before they enter into a House and before their departure from the Barr they drink by license of the Justices, and by the consent of the parties, and their Verdict good.

10 H. 4. f. 10 After the Jury was sworn the Plaintiff de∣livered a writing to a Juror without the Court, and he shewed that to his companions in the House, and the Jury gave Verdict, and he shall not have Judgment, 11 H. 4. fol. 17. the same Plowd. Com. fol. 519. the Jury gave a speciall Verdict and a Box of Barbaryes conserved, Sugar Candy, and Licorish was found with one J.M. one of the Jury af∣ter that he was departed from the Barr, J. M. was com∣mitted to the Fleet till he had paid a Fine, and the Verdict good, see, 8 Ass. 35. and 20 H. 6. f. 26.

Tryall.

IN Court-Baron the triall is there by waging Law, but by the consent of the parties it may be by the Country, 33 H. 8. B. Tit. Triall 143. 3. Ed. 6. Tit. Pannell. 2. Where the Jury is of two tongues, for that, that the one is an A∣lien and the other an English man, there shall be six Deni∣zens sworn, and six English men, otherwise the Jury shall not be taken, and so shall be (Tales) of that.

4 Mar. b. Tit. Jurors 8. Jury tooke a Writing of the Plaintiff which was not delivered to them in Court, and passed for the Plaintiff, and for that, that this matter appea∣red to the Court by examination, therefore the Plaintiff shall have no Judgment.

35 H. 8. B. Tit. Replead 54. It was in use in the Kings bench, though that the Jury was ready to passe, there if there be a (Jeofaile) apparent in the Record, the Jury shall be discharged.

26 H. 8. f. 6. Jurors after they are in the House return to heare evidence again upon matter which they were in doubt of, and may.

14 H. 7. f. 1. The Jury eate and drink before the Evidence finished, or after they are agreed depart and drink before Verdict they shall be Fined, and the Verdict is good, but if he eat and drink after evidence given, and before they a∣gree, the Verdict is void.

And it seems that this matter shall be shewed when the Jury comes in to give their Verdict, and shall be examined, and not after. And it seems that the Jurors may depart a∣sunder by cause of great tempest of a House falling or fire where they are.

Execution.

For that, that execution is used in many Court-Barons by (Levari facias) let us see what Goods upon that, may be taken in Execution and what not, and the order of execution.

GOods pawned shall not be taken in execution, for the Debt of him which pawned them, during the time they are pawned, 34 H. 8 Pledge 28. and 4 Ed. 6. Distresse 75.

Where A. lets Oxen for time, and after A. is condem∣ned, these Oxen during the tearme shall not be taken in execution, 22 Ed. 4. f. 10.

Debt in Court-Baron, the Plaintiff recovers by Judgment and shall have execution, and the Beasts of the Defendant were taken and delivered to him in Execution, 33 Ed. 3. Tit. Execution 133.

In Debt where three are bonnd joyntly and severally and hath of those three severall Judgments, and if Execu∣tion be against one, the other shall have a supersedeas, but in trespasse against three Execution against one doth not suffice, and the same Law is in a ioynt Debt, 4 Ed. 4. fol. 39.

By (Fieri facias) or (Levari facias) the Officer cannot break the Doore nor Chest to take Goods in Execution, for if he do, trespasse lies against him for the breaking on∣ly, 18 Ed. 4. f. 4. & 13 Ed. 4. fol. 9. by Choke, notwitstanding, 8 Ed. 2. Tit. Executors 152. contrary.

If one recovers in Court-Baron he shall not have exe∣cution

by Eierifacias, nor otherwise, but may distrain the Defendant after Judgement, and detaine the distresse in their hands in safegard till the Defendant hath satisfied the Plaintiff of the condemnation, 22 Ass. 72 Statham 11 Ed. fol. 93. Nat. Bre. fol. 165 and 4 H. 6. fol. 17 action.

Bailiff in Court Baron cannot sell the Goods in executi∣on; but shall restraine them as distresse, notwithstanding, where it is used to make, Levari facias, it is a good custome, and note that it is used in many Mannors, that the goods are praised, and execution made of them by, Levari facias, 22 Book of Ass. 72.

A Writ of Execution Judicii, lieth, where Judgement is given in a Court-Baron, upon a Writ of right patent, or in debt or trespasse, and the Bailiff will not make execu∣tion, this Writ lieth as well, as it lieth where Judgement is given in a Court of Record, and the Sheriff will not make execution, and if he will not levy the execution up∣on the Goods, it was in vaine to award this Writ, Fitzh. f. 20. A.

Capias doth not lye in Court-Baron, and for that, the Capias to satisfie doth not lye to have execution, and Ele∣git doth not lye there, &c. for this is given by the Statute of, Westm. 2. chap. 18.

29 H. 8. Tit. Execution. B. 132. Two are bound in an obli∣gation joyntly and severally, if he sue one and takes his Body by a Capias to satisfie yet he may take the other, but if one satisfie him, the other may plead that, 37 H. 8. Tit. condition, B. 16. One taken by a Capias to satisfie, is in exe∣cution, though that be not returned.

13. H. 4. Tit. Avowris 237. One avowes, for that, that J. S. was seised of a place where, &c. And, let that to the Plaintiff for life, rendring Rent, and after J.S. grants the reversion to B. who was bound in a recognsance to the A∣vowant, and that the Avowant hath that Rent delivered in execution, and good.

15 Ed. 3. Tit. Execution 93. Rent was delivered in execu∣tion upon a Recognisance, time of Ed. 1. Title Audita que∣rela, 402. If the Father be bound in a Recognisance and dies and his Issue within age, the Execution shall not be against him, for if it be he shall have an Assise.

Time of Ed. 1 Tit. 417. If a man takes a Wife and after be bound and dyes, the VVife is indowed, if she be outed

by extent, she shall have Assise, 29 H. 8. Tit. Stat. Mer∣chant 40. If one sue Execution upon a Statute and he ac∣cept part of the Land in name of all, he shall not have extent of the residue, but it seems upon a (Nihil) retur∣ned upon the Testatum, he may have processe into another County.

2 R. 3. f. 8. Statute Staple was certified by the Maior of the Staple, and the Conisee upon that sues a VVrit to take the Body, and to extend his Land in Suff. and Middlesex only, and this VVrit was not returned and by Certiorare he caused the Maior to certifie the Statute again, and up∣on that he hath a VVrit of extent in ten Counties, but not in Suff. and Middlesex, and this VVrit is not returned and he hath the third Certificate, and the third VVrit of Extent into six Counties, but not in Suff. and Middle. and now hath his Extent, and hath Land that the Cognifor hath in right of his VVife which died, and for threats durst not take the profits of the residue, and by all the Justices the Cognisee shall have a Capias into the County where he took his first Writ, and not otherwise, that is, into the County of Suff. and Middlesex only, upon the fourth Cer∣tificate, and upon that the Conisor found suerties to the King and party according to the Statute, 11 H. 6. chap. 10. He shall have a Scire facias against the Conisee, to prove the matter in his VVrit, and to be at the Judgment in the Court, and if he faile of any, he shall forfeit his Re∣cognisance.

2 R. 3. fol. 9. If the Conisee of a Statute dies, his Exe∣cutors or Administrators if he dye Intestate shall have exe∣cution upon it, without suing (Scire facias) or that the Conisor cannot have any Plea, although he have a deed of Release, but if he have a Release he shall have an (Au∣dita querela) or a (Scire facias) and so it is where one which is no Executor sues an Execution, the Conisor shall have this VVrit, but upon recovery by the Statute of West. 2. One may have a fieri facias within the yeare to have Execution, and after the yeare may have Scire facias, and if a man be bound in two Statutes one after the other, and he which hath the last Statute hath first Execution, the other shall have a Scire facias and have execution, and if the Sheriff upon a VVrit to have execution returns, the

Conisor dead, the Conisee shall have a Scire facias a∣gainst the Heire of the Coniser, and the Land Te∣nants.

25 H. 7. fol. 17. VVhere the Conisee to whom a Statute is made dyes, his Executors shall have Execution without suing Scire facias, for that it is given by the Sta∣tute, but where one hath a Judgment and dies, it is other∣wise, West. 2. chap. 45. gives Scire facias upon Judgment, and upon Fine.

15 H. 7. fol. 14. Husband is bound in a Statute and Lands of his VVife were extended, and after the VVife dies, and the Heire of the VVife enters, now may the Co∣nisee have a Capias for the Body of the Conisor, though he had not that at the first, for that, that the Statute gives the Lands, Goods and Body, and if execution be defea∣ted by lawfull entry, he shall not have a Re-extent, but if the Conisor himselfe take the profits of the Conisee or that the profit be destroyed by wild-fire, or water, the Conisee may hold over his Tearm, and the Conisor can∣not enter during the Tearme of extent, but shall have a Scire facias, and shall not have that before the Tearme ended, without aquittance, or that he leave Money in the Court, and where the Conisee is satisfied within the tearm by casuall profit the Conisor shall have upon that a Veni∣re facias, and upon that a Scire facias, And if it be exten∣ded too low, the Conisor may lay the Money in Court, and recover his Land, and if it be found too high the Co∣nisee may pray that the Extenders may take the Land, &c.

11 H. 6. fol. 8. If the Land extended be drowned by water within the Tearm, the Conisee may hold over the Tearm, and the same Law where he is outed by a Guardian in Knights service, 15 Ed. 4. f. 5.

22 H. 8. chap. 5. VVhere Lands delivered by reasona∣ble extent in Execution, have been recovered, or lawfully diversted from the Conisee of the Satute Merchants, Sta∣tute Staple or Recognisances, before they have been fully satisfied, and paid there Debts without fraud or covin, re∣medy given by Scire facias against the Recognisors to levy the residue.

VVhere a VVoman recovers dammages in Dower in the Bench, she cannot have execution there of those dam∣mages

recovered by capias ad satisfaciendum, for that, that the Capias doth not lye in the Originall, 11 H. 7. f. 15. & 2 H. 4. f. 7.

The Statute of Westm. 2 chap. 18. gives Elegit, that is to say, That the Sheriffe shall deliver all the Chattells of the Debtor (except the Oxen and Beasts of the Plow) and the half of his Land, & that doth not extend to a Court-Baron but to Courts where Process is directed to the Sherift, and the Statute is also when a Debt is recovered in a Court of the Kings, and Court-Baron cannot award the halfe of the Land in Execution, for it is no Court of the Kings, but of the Lords, and he cannot meddle with Lands with∣out the Kings Command, but in other Courts Execution shall be of Lands, which hath a day of Judgement given, and of Goods in this Court, and Beasts which the party hath day of the Execution awarded, and see also exe∣cution of Recognisances and of Statutes for your Learn∣ing.

Execution shall be of Land which hath day of recovery, 7 Ed. 3. f. 93. and 21. Ass. 2.

A man shall have Execution of Lands which he had day of the Judgement, and not before Abridgment, Ass. fol. 93. 19. Ed. 2. Fitzh. Execution 249. Natura brevium fol. 168.

A man shall have execution in Debt of no Land but of of that which the Defendant had, day of the Judge∣ment given, and of Chattels which he had day of the Exe∣cution sued, Natura brevium fol. 107. and 2 H. 4. fol. 15.

It seems that all the halfe of the Lands which a Recog∣nisor hath which enters into a Recognisance day of that, or after are liable in execution by Elegit, 24 Ed. 3. fol. 27. tit. Execution 90. Fitzh. 267. D. & 2 H. 4. fol. 9.

Note where one is bound in a Statute, Execution shall be of all his Lands which he had day of the Statute acknow∣ledged, or after in whose hands they come by Feoffment or otherwise, but it is not said so of Goods and Chattells; And for that they shall not have them in whose hands they come but those only which he had in his hands day of the execution awarded.

But if the Cognisor, after the Statute acknowledged, lets his Land for yeares, the Cognisee may out the Lessee, for

the words are, in whose hands they come, by Feoffment, or in other manner, Statute of Merchants, fol, 48.

To have execution of a Statute Merchant; first, you shall have a Writ of Certificate in the Chancery, and there upon Certificate shall goe a Capias, returnable in the Common Bench, or Kings Bench; and then within one quarter of a yeare, that it shall be taken, shall goe an Extent of all his Goods and Lands: See the Statute of Merchants; 37 H. 6. fol. 6. Fitzh. 130. G.

Statute Staple shall be certified as the Statute Mer∣chant is, and upon that shall goe a Writ of execution to take him, and to extend his Lands, and this shall be re∣turned in the Chancery, and not into the Common Bench or Kings Bench, as the VVrit of execution upon a statute Merchant shall be, and upon this shall goe a Liberate, Fitz. fol. 131. D.

15 H. 7. fol. 14. Upon a statute Staple, he shall have the body, lands, and goods by a VVrit, and upon a sta∣tute Merchant: First a Capias, by a quarter of a yeare, &c. and upon the returne of that (Non est inventus) shall have a VVrit to have execution of his Goods and Lands.

Upon a statute Staple after a Certificate, shall goe out a VVrit to take his body, and to extend his lands in what County he will; and if that be returned, he cannot have Extent in another County, that is to say, a Liberate, 2 R. 3. fol. 7.

Upon a statute Staple shall goe a Capias out of the Chancery, returnable in the Chancery to take his body, and to seife his lands into the Kings hands, and at the day of returne of that, Liberate. 37 H. 6. fol. 6.

Note that the Statute of Merchants, fol. 79. is, That an execution upon a Recognizance shall not be made, as it is upon a Statute Merchant; but as it was used by the Law, before the making of this Statute; and this was to have a Scire facias, and upon that an Elegit, or a Fieri facias.

Upon a Recognizance there shall go no Capias, but it is used otherwise at this day; that is, Scire facias returnable into the Chancery, and they use now to award a Capias, Fieri facias, or Elegit, 48 Ed. 3. fol. 14.

Statute Merchant hath two Seals, and one is the Seale

of the paray, and for that upon that he may have Debt to have execution; but Statute staple, onely the Seale of the party, 15 H. 7. fol. 15.

A man may sue Debt upon the Statute Merchant, Sta∣ple, or Recognizance: See Statute Merchant, Fitzh. 122. D. and fol. 77. the same.

Note that there are foure manner of Executions, and note Covin to defeat them void.

THere are foure manner of Executions, that is, of bo∣dy by Capias, of Chattels by Fieri facias, of Lands by Elegit, and after the yeare after Judgement, by action of Debt, 11 H. 4. fol. 42.

Debt upon Recovery, shall not be within the yeare af∣ter Judgement, but after the yeare, 5 Ed. 4. fol. 1.

If after Judgement one gives his Goods to one, to de∣fraud me of execution, and notwithstanding takes the profit of them, I shall have Execution of these Goods, 22 Booke of Assises 72. 3 R. 2. the same, and 50 Ed. 3. the same.

All Conveyances of Lands and Hereditaments, Goods and Chattels, Leases, Rent, Common, or Profit, or charge out of Land, Judgment, Execution, Deeds by fraud or Covin, to the intent to defraud Creditors and others, of their just and lawfull Actions, Suits, Debts, Accounts, Damages, Forfeitures, Harriors, and Releifs, are voyd, onely against the persons, their Heires, Successors, Exe∣cutors, Administrators, and Assignes, and every of them, whose Actions, Suits, Debts, Accounts, Damages, For∣feitures, Harriots, and Releifs, by such fraud shall be, or may be hindred, delayed, or defrauded, notwithstan∣ding fained consideration, expressing of use, or any other matter, or thing to the contrary, 13 Elizabeth, chap. 5.

Debt against Executors, they plead gift of all the goods of their Testator by Deed, without that that they admini∣stred other Goods; and the Plaintiffe averrs, that the gift was made to defraud the Creditors, 13 H. 4. fol. 9. See 16 Ed. 4. fol. 9.

Issue was taken if the Goods were made away to defraud Execution, or not, 43 Ed. 3. fol. 3.

Where Debtors make Gifts and Feoffments fained, of their Goods and Lands, to their Freinds and others, and take Priviledges, * 1.224 and take profits of their Lands and Goods so given by fraud, shall be a Capias, and Procla∣mation, and after, Execution of his Lands and Goods, 2 R. 2. Stat. 2. chap. 3.

Where Debtors make Gifts and Feoffments, * 1.225 as it is sayd in the Statute of 2 R. 2. and flye to places privi∣ledged, and take profits, that the Creditors shall have Execution of the sayd Goods and Chattells, as if no such Gift: had been made, 50 E. 3. chap. 6.

26 H. 8. fol. 2. If a man takes a Wife which hath Goods and aliens them by Covin, supposing a Divorce to follow, and after they are divorced, the VVife may averr the Co∣vin, and have her Goods againe.

33 H. 6. fol. 5. One buyes in Market open, Goods ta∣ken by wrong, if the buyer have knowledge of the wrong, the property is not altered.

14 H. 8. fol. 9. by Brook, If I by fraud and Covin, cause one to take your Goods, and to sell them to me in an open Market, yet that shall not change the property, for that I am party to the Covin.

At Northampton before the Lord Dyer, there was a Deed of gift of Goods shewed, and in that it was exprest by words to the use of the Donee, and yet it was averred that it was by Covin.

44 Ed. 3. fol. ult. A VVoman hath good cause to be endowed, and shee procured J.S. to out the Tenant, and then shee brought a Writ of Dower against J. S. and re∣covered, and had Execution; the Tenant may have an Assise against her, and recover.

22 Book of Ass. 1. Assise, The Tenant, hanging the As∣sise, enfeoffs another, or suffers another to enter, end re∣cover by Formedon, by elder gift, this Covin shall not hurt the Plaintiffe, but that he may recover.

38 Book of Assises, VVhere one was outlawed of Felony, alleadges Imprisonment at the time of the Outlawry, and it was replyd, that he was in Prison by his owne Covin, and issue upon that.

41 Book of Assises 2. A man hath right of Action, and makes one by Covin to enter upon him which is in by

discent, and recovers, he shall be adjudged to be in as an Abator, and not by Title.

Evidence.

AND for that, that you have not many times Coun∣cell in your Court Barons, and for that, that it is many times pleaded to the generall Issue, where it ought not: It is now expedient to shew, what matter may be gi∣ven in evidence upon generall Issue, and what not: And first where the Defendant pleads the generall Issue, and shews in evidence, that the Plaintiffe hath no such cause of Action as is brought, nor no cause of Action, this is good evidence upon generall Issue.

Action upon the Statute of (Parco fracto) not guilty, and evidence that hee hath no Park, is good, 19 H. 6. fol. 7.

Trespasse in VVarren, not guilty, and evidonce that he hath no VVarren, is good, 10 H. 6. fol. 17. and 34 H. 6. fol. 7.

Trespasse by VVarden of the Fleet, not guilty, and e∣vidence that he is not VVarden, is good, 4. Ed. 4. fol. 7. and 12 E. 4. fol. 7.

Trespasse of a House broken, not guilty, and evidence that the Plaintiffe hath no House there, is good, 22 H. 6. fol. 7.

Trespasse, not guilty, and evidence that the place where the Trespasse was done, is the free-hold of another, and not of the Plaintiffe, is good, 4 E. 4. fol. 5.

Debt against a Vicar for holding Farmes: He hath not against the forme of the Statute, and evidence that hee had, for maintenance of his House, it is good, 27 H. 8. fol. 25.

Action upon the Case of finding his Goods, and con∣verting them to the use of the Defendant, not guilty, and evidence that they were not the Goods of the Plaintiffe, is good, 3 Mar. and 33 H. 8. Action upon the Case, 109. Otherwise it is in Trespasse, 27 H. 8. fol. 25.

Debt upon arrearages of account, hee oweth him no∣thing in manner and forme, and evidence, that there was no such account, is good, 2 H. 6. fol. 26.

Debt upon arrearages of Rent upon a Lease for yeares, he owes him nothing, and evidence that hee did not de∣mise, is good, 7 H. 7. fol. 3.

Debt upon sale of a Horse for forty shillings, the De∣fendant may plead he oweth him nothing in manner and form, and evidence that the sale was of two Horses for forty shillings, or that it was of an Oxe for forty shillings, is good, 21 E. 4. fol. 26. and 9 E. 4. fol. 1. by Moyle.

VVaste, no waste made, and evidence that the House was burnt by the Kings enemies, or by Thunder, or it was ruinous at the time of the Lease, is good: And so every thing that is no waste, for that proves that the Plaintiffe hath no cause of Action, 12 H. 8. fol. 1. and 22 H. 6. fol. 56. In maintenance, not guilty, evidence that the thing that is done is no maintenance, is good.

Action of extortion against the Sheriffe, which pleads that he tooke not, and evidence, that by prescription hee hath Barr fee of every one which he takes, and is good, for it is no extortion, 21 H. 7. fol. 17.

4 E. 4. fol. 5. Trespasse, The Defendant pleads not guilty, and gives in evidence, that it is the Feeehold of another, and good, for then the Plaintiff hath no cause of Action.

2 H. 6. fol. 26. Debt upon arrearages of account, he owes him nothing in manner and forme, and evidence that there was no such account, is good, for hee hath no such cause of Action.

2 Mar. and 33 H. 8. tit. Action upon the Case, and Count upn finding the Goods, and converting them to his owne use; the Defendant pleads not guilty, and gives in evi∣dence that they were not the Goods of the Plainliffe, for he hath no cause of Action, 5 H. 7. fol. 3. the same,

10 H. 7. fol. 24. Cessavit, That he held diverse Lands by intire service; he did not hold in manner and forme, and gives in evidence, that he holds by severall services, is good, for he hath no such cause of Action.

27 H. 8. fol. 25. Trespasse of Goods carryed away, the Defendant pleads that the property of the Goods was not in the Plaintiffe, and that is no plea in Trespasse, but in Replegiare: And some for that seeme, that this is no good evidence in Trespasse, upon a Plea of not guilty.

9 H. 7. fol. 3. Debt for Rent upon a Lease for yeares,

that he oweth him nothing, and evidence that he did not demise, is good.

Ʋpon a generall Issue, the Defendant by evidence to convey to himselfe interest and title, is good evidence.

TRespasse of Gashaukes taken, not guilty, and evidence that he had a Lease of a VVood for yeares, where they were taken, it is good, for it is a title, 16 E. 4. fol. 2.

Trespasse, The Defendant pleads his Free-hold, and gives in evidence, a Fine with Proclamation, it is good, for it is a Title, 27 H. 8. fol. 27.

Trespasse, not guilty, and in evidence a Lease for years, is good, 12 H. 8. fol. 2.

Account of receit by the hands of J. S. the Defendant pleads he was never his Receiver, and evidence, J. S. gave that to him, is good, 2 H. 4. fol. 13.

Action upon the case of finding Goods and converting them to his use, the Defendant pleads not guilty, and evidence that they were pawned to him for ten pounds, is good, 4 E. 6. Br: 113.

Trespasse, not guilty, the Defendant may give a Lease for yeares in evidence, contrary of a Lease at will, for this is determinable at pleasure, 25 Hen. 8. Generall Issue 82.

Trespasse of Goods taken, the Defendant may plead not guilty, and evidence that he recovered, and had them delivered in Execution, and is good, 22 Booke of Assises, 73.

Trespasse, not guilty, and evidence that the property was to J. S, which gave them to him, is good, 9 H. 6. fol. 11.

Assise by a Woman, no wrong, and evidence that her Husband enfeoffed him, is good, 45 Book of Ass. 8.

Defendant upon a generall Issue, if by evidence he acknow∣ledges that he did the wrong, and justifies it, and gives matter which goes to discharge him of the act by Justifi∣cation, this evidence is not good, but he ought to have pleaded that.

TRespasse, not guilty, and evidence that the property was to J.S. and that he, as servant, and by his com∣mandement

took them, it is not good, for he acknow∣ledgeth by the evidence, that he made the trespasse, and justifies that, 25 H. 8. Generall Issue, 81.

Waste, No waste made is pleaded, and evidence that the Plaintiffe let to him the House and Land by Deed, and granted to him by the same Deed, that he might cut Trees to repaire that, it is no good evidence: The same Law in Debt, he owes him nothing, and evidence that the Plaintiffe hath released that to him: The same Law in Trespasse of Battery, not guilty, and evidence that he did that (in defending himselfe) it is not good: The same Law in maintenance, not guilty, and evidence law∣full maintenance, it is not good, for these matters in e∣vidence are justifications, which goe in discharge of the party, and not by title, but by Justification, 12 Hen. 8. fol. 1.

Trespasse, not guilty, and evidence that he had a Close adjoyning, that the Plaintiffe ought to inclose, and for not inclosing they enter, it is not good, for it is contrary to (not guilty) and is a Justification, 19 H. 8. fol. 6.

Trespasse, not guilty, and evidence that it was the free∣hold of J. S. and that he licensed him to enter, by ver∣tue of which he entred, it is not good, for it is Justification, 4 Ed. 4. fol. 5.

Trespasse of Battery (not guilty) and evidence that it was made in his defence, not good, 11 H. 4. fol. 63.

25 H. 8. Br: tit. Generall Issue, 81. In Assise or Tres∣passe, if the Defendant pleads no wrong, or not guilty, he cannot by evidence intitle a stranger, and justifie by his commandement: So for Common, Rent service, Rent charge, or justifie by license, these ought to be pleaded, and not given in evidence; contrary of a Lease for yeares.

34 H. 8. Title, Generall Issue, 89. Debt upon an Escape out of execution, Defendant cannot say that escaped not, and give in evidence that he was not arrested, for that is in Plea.

27 H. 8.21. By Fitzherbart and Shelley, in Debt upon the Statute of 21 H. 8. against a Vicar for taking Farmes, the Defendant saith, that hee neither had, nor kept to farme, against the forme of the Statute; he may give e∣vidence that he took that for maintenance of his House,

by the Proviso in the Statute, notwithstanding ••awdwe•• denyed it.

20 H. 6. fol. 24. Debt upon arrearages of account, the Defendant saith, hee oweth him nothing in manner and forme, and gives in evidence that there was no such ac∣count, and by Newton it is good, and yet he might have pleaded no such account.

22 H. 6. fol. 56. Debt against Abbat for borrowing, he may account generally, that the ten pounds borrowed came to the use of the House, and give in evidence how, as in buying of Bread and Drink.

Evidence which is contrary to that in Issue, or which is not answerable to the matter in Issue, is not good.

NOthing passed by the Deed, and evidence that it is not his Deed, is not good, for it is contrary to the Issue, and to that which he acknowledged in his Plea by Implication, 5 H. 4. fol. 2.

Mortdancester, The Tenant saith, that he is ready to heare the Recognition of the Assise, and in evidence that the Plaintiffe is Bastard, it is not good, for it is contrary to this thing, admited and imployed, 22 Book of Ass. 3.

Covenant, Issue was, If the Defendant had made an Estate sufficient to the Plaintiffe of Higgens Close, or not, and evidence that it is not so much in value, it is not good, for it is not answerable to the matter in Issue, 27 H. 8. fol. 35.

Trespasse, The Defendant justifies for Common ap∣pendant, and gives in evidence that he hath Common by reaion of Neighbourhood, it is not good, for it is not an∣swerable to the matter in Issue, 13 H. 7. fol. 13.

11 H. 4. fol. 63. Trespasse of beating, not guilty, and evidence that it was in his defence, it is not good, for it is a matter of justification and contrarying.

7 Ed. 6. tit. 14. In Debt upon an Obligation made for Usury, If the Defendant plead (it is not his Deed) he cannot give in evidence that it was made for Usury, for it is contrarying.

5 Ed. 4. fol. 5. Debt upon obligation, for letting him to baile, and doth not name Sheriff, the Defendant gouht to plead that, and so not his Deed, but not generally (not his

Deed) and give that in evidence for it is contrarying.

3 H. 7. f. 5. Where two are bound joyntly and severally, and one Seale is broken, yet in Debt against the other or against him, he cannot plead (not his Deed) and give that in evidence, for it is contrary, but he may plead the speciall matter and conclude, so not his Deed.

5 H. 7. f. 2. If one plead nothing passed by the Deed, he cannot after give in evidence that it is not his Deed, for it is contrarying.

9 H. 7. fol. 3. Derinue, the Defendant saith, he doth not detaine, and he cannot give in Evidence, that he hath that in pawn, for it is contrarying.

Where the Evidence proves the effect and substance of the Issue, is good.

THE Plaintiff Pleads a Lease simply, and gives in evi∣dence a Lease upon condition, and for that, that the condition is performed, it is good, for the evidence proves the effect and substance of the Issue, and for that it is good, 14 H. 8. f. 20.

38 H. 6. f. 9. The Array was challenged, for that, that was made at the denominating of the Clerke of the Plain∣tiff.

Evidence that it was made by the Bailiff of the Fran∣chise at his denomination, is good.

44 Ed. 3. fol. 39. J.S. pleads a Feoffment made to him, and gives in evidence that there was a Fine which is a Feoff∣ment of Record, and is good.

27 H. 8. fol. 29. Action upon the case by the Husband of an Assumpsit made to him, and given in evidence that it was made to his Wife, to which he agreed, and is good.

14 H. 8. fol. 18. False Imprisonment, If the Defendant justifie by Warrant, if the Warrant were after the Arrest, the Plaintiff may say of his own wrong, without that, that he had any warrant, and may give this matter in Evi∣dence.

Forraine matter plead in Court-Baron.

IF a Plaint be in the Court-Baron of a Debt or trespass, and forraine matter is pleaded there, it shall not be tri∣ed

in Bench, though that this Court shall be out of the Jurisdiction, but it seems shall be tried in the County where the Court-Baron is, or the forraine matter is alleadged to be done, 1 H. 5. f. 12.

A man cannot remove a Plea out of Court-Baron into Bench, but in a Replegiare, and not in Debt or trespasse, unlesse that the Damages are not to forty shillings, 14 H. 8 f. 17. by Fitzh.

Note more before that.

Fine.

Where it shall be paid by Copy-holder, that I have seen used, is as insues.

NOte, that it is commonly said, and the ground of paying Fines is, that a Fine is due to the Lord upon every alteration, and change of Tenant, that is to say, upon every admittance of every new Tenant, to the Lord by copy, as upon every alienation by surrender, and admit∣tance upon that, and upon every discent and admittance upon that, also if a Copy-holder surrender into the hands of the Lord to the use of diverse and their Heires, as to 2.3. or 4. and their Heires, upon the admittance of them the Lord shall have but one Fine, for it is but one surren∣der and one admittance of a Tenant, and upon the death of the Survivor, and the admittance of his Heire, then an other Fine, so that the Fine is to be adjudged, due alwaies upon admittance of Tenant and not without admittance.

And for that if two be admitted and one dies, the other shall have his part by Survivor without new admittance, and shall not pay a Fine.

Also where a Surrender is made to the use of a Husband and his Wife, and to the Heires of the Husband, upon their admittance the Lord shall have but one Fine, for it is one surrender, and both are but one new Tenant, and after the death of the Husband and the Wife, upon ad∣mittance of the Heire of the Husband, the Lord shall have another Fine.

Also where a surrender is made to one for life and after his death, the remainder to another, and the Heires of his

Body begotten, and for default of such Issue, remainder to a third and his Heires; in this case admittance of the Te∣nant for life, vests the remainder in the others, and di∣vers learned Stewards take but one Fine only of admit∣tance of a Tenant for tearme of life, and nothing of those two in remainder, when the Remainder falls, but I have seen that every one in the remainder, when they come to the Land shall make Fine, though it be not the whole fine but a halfe, and every one is admitted when a remainder falls, but it need not, for by the admittance of the Tenant for life, the remainder is so vested that he in remainder need no other admittance, and they are but one Estate and one surrender, the same Law is where there is a sur∣render to one for life, the remainder to another and his Heires, there shall be but one Fine. But then it is good, that both be admitted together according to the surrender, at the time of the surrender made.

Also where one out of the Court by custome, surrenders into the hands of two Tenants to the use of himselfe for life, and after his death to the use of J.S. and his Heires, and dies before the next Court, and then all this is pre∣sented at the next Court, he in the remainder shall be ad∣mitted, and pay but one Fine, for it is impossible to admit one which is dead, and by the act of God his Fine is gone, and now there is but one to be admitted, and upon one surrender, and one being to be Copy-holder shall be paid but one Fine.

Also where a Copy-holder is admitted upon surrender he shall pay a Fine, but if it be so that he have common recovery in plaint, in nature of a VVrit of entry in the (Post) upon his better assurance, and for to defeat an estate taile, those which recover have Seisin by command (by Habere facias Seisinam) and also they are in, in the (Post) and by the recovery, and for that no Fine shal be there payd to the Lord but one, for the recovery was also but for fur∣ther assurance, and the surrender and all make but one Tenant by Copy, and so there is due but one Fine.

Also where the custome is, that for every Cottage and for every House, the Lord shal have upon every alteration and admittance of Tenant, for one Fine three shillings, and there is a Cottage or a House is decayed, it is called a Home-stall, and by the custome also, for every Home-stall

he shall pay for a Fine three shillings there, if the Tenant makes of one House two Houses or build a new House, he shall not pay a Fine for these new Houses, nor for two Houses, which before was but one, for the prescription doth not hold place, but for the old Houses.

Also where the custome is, that for a Fine for a license to let for yeares, the Tenant shall pay for every House, which the Tenant lets for every yeare that he hath license, foure pence, there if he make of one House diverse Cotta∣ges, as of Barnes and Stables, diverse Cottages there for license to let his House, he shall pay but foure pence for every yeare that he hath license to let the whole, and not for divers Houses, for otherwise the prescription doth not hold place.

Also if Tenant for life, and he in remainder or rever∣sion, ioyne in a surrender to one and to his Heires, he to whose use the surrender is made, shall pay but one Fine, for it is but one admittance and not severall, and one surrender and not severall, and there is but one Tenant admitted, the same Law, where two Joynt-Tenants, two Tenants in Common, or two Coparceners, surrender to one and his Heires, shall be payd but one Fine.

Also a woman is marryed a Virgin, she shall have all for her Dower by the custome, there it is used she shall pay a Fine, and it is reason, for that she is admitted, the same Law is where a VVoman hath a third part by the custome for Dower, but it is used commonly within Mannors, to pay but halfe a Fine, which is paid for Inheritance; but the custome of the Mannor is to be considered in this case.

If a Copy-hold be surrendred upon condition, and the condition is broken, he which surrenders may re-enter without paying Fine or new admittance.

Forfeiture of Copy-hold.

WHere a Copy-holder of Inheritance according to the custome of the Mannor, is out-Lawed in an action personall, as in Debt, or other Action personall, he shall not forfeit the profits of his Copy-hold to the King, for that, that he hath but an Fstate at the VVill of the

Lord, and the Free-hold is in the Lord, but where a co∣py-holder is attaint of Felony or Treason, the Lord shall seise the Copy-hold as forfeit to him, and not to the King, notwithstanding where one holds by Charter and is out-Lawed in Action personall, the King shall have the pro∣fits of that Land, 9 H. 6. fol. 20.

But if he make a Feoffment after he is out-Lawed, then the Feoffee shall have the profits, 21 H. 7. fol. 7. accor∣dingly: Yet it is otherwise as is aforesaid, where a copy-holder is out-Lawed in a personall action.

If one by an Indenture, bargain and sell all his Lands, Tenements, and Hereditaments, in D. and Inrol tha•• accor∣cording to the Statute of 27 H. 8. C. 16. and hath in D. Lands held by Charter, and other Lands by copy, and af∣ter levy a Fine, and suffers recovery of that accordingly; yet the copy-hold is not forfeit.

The same Law if a copy-holder hath so much Land in D. held by copy, and makes a Feoffment of all his Land in D. and makes no Livery, this is no forfeiture, for the Feof∣fee is but Tenant at will, the same Law is, if the copy-holder let to one for life, and makes no Livery, it is no Forfeiture.

The same Law is, if one enfeoff J.S. by Deed of all his Lands, Tenements, and Hereditaments, in D. and holds in D. part by Charter, and part by copy-hold, and makes Livery of that held by Charter, these other Lands held by copy are not forfeit, but if he make Livery in any part held by copy, there is forfeiture of all his copy-hold in D. ex∣pressed in the Deed.

But if one hath in D. certaine Lands in Socage by Charter, and certaine other by copy, and devise all his Lands, Tenements, and Hereditaments, in D. this is no forfeiture of the copy-hold there.

It is said that a copy-holder cannot alien by Deed, and for that some collect if A. let copy-hold without Deed for yeares that, it is no forfeiture, Littleton fol. 15. Yet in∣quire.

And Littleton fol. 45. is, Where Lord lets to his Villain by Deed for yeares, he is made free, and without Deed it seems he is not made free, and, 24. Ed. 3. in Villainage af∣ter, by Wilby without Deed is no infranchisement by Lease.

And so some say that a Lease by copy-holder by Deed for yeares, is forfeiture, and where it is without Deed, proving the Lease, it is no forfeiture, yet inquire, but if it be not a perfect Lease by word for yeares, but by words of implication, and gives no Fine nor other consideration, and the copy-holder gainsay that Lease, when it comes in question in the Lords Court, this seems no forfeiture; also if a Stranger makes wast, as in cutting Trees growing upon the copy-hold, where by the custome of the Mannor, the copy-holder cannot make wast, that is no forfeiture, the same Law is, where a copy-holder by license of his Lord, hath let for yeares to J.S. which makes wast, this is no forfeiture of copy-hold of Inheritance,

Also if one within the view of copy-hold, saith to one, I will not out you, during your life, or within the copy∣hold, he saith, I am content that you shall have my copy∣hold Land for tearme of your life, or lets to him for life, without Deed, and without Livery upon the Deed, it is no forfeiture.

Where one hath a Rent-Seck, if the Tenant upon de∣mand, deny to pay it, or if the Tenant be not then ready to pay, this is a denying, which is Disseisin, but if the co∣py-holder do not deny to pay his Rent upon demand, though he hath no Money ready to pay that, and so doth not pay that, is no forfeiture, Lit. 51. See, 42 Ed. 3. fol. 25.

If a copy-holder be in prison divers yeares, and by that meanes comes not to make suit at divers Courts, but is ab∣sent, yet this is no forfeiture of his copy-hold, the same Law is, if his Rent be demanded upon the Land, and he is in prison in the Goal, this is no forfeiture; the same Law is, if he be hindred by infirmity, or by stop of Waters to come to the Lords Court, or to pay his Rent; it is no forfeiture.

The same Law is, if he be much in Debt, and in feare to be arrested, or if one be bankrupt, and keep his House, and doth not come to the Lords Court, but makes divers defaults, these are no forfeitures of their copy-holds.

But if he deny to come to the Court of the Lord, this is a forfeiture of his copy-hold.

But if the Lord claime a Fine, custome, or services, which is in doubt, whether due or not, and the Tenants

pray the Lord that the Homagers may inquire if it be due or not, and saith, if it be found by the Homagers upon their Oath, that they are due, or if there can be Presi∣dents shewed, that it is due, he will pay it, this is no for∣feiture of his copy-hold.

If twelve are assembled against the form of this Statute, then if any copy-holder, being a Yeoman, Handy-crafts∣man, Artificer, Husbandman, or Laborer, and being of the age of eighteen yeares or more, and under forty years, not Impotent, Lame, Maimed, nor having reasonable ex∣cuse, and being required to serve the Queen, for any the causes in the Statute, and refuses, he shall forfeit his copy-hold during his life, 1 Marie chap. 12.

If a copy-holder in Court-Baron will say to his Lord, that he extorts, and exacts Fines, and Services not due; or such unreverent words of his Lord, and they be false, that is finable, but no forfeiture. But if he deny to be Tenant to the Lord, and to be a Juror of the Homage, it is a forfeiture, but if a copy-holder indict his Lord, or gives in evidence in an action against his Lord, or arrest him, or commence a Suite against his Lord in any Court of the Queens, these are not finable, nor no forfeiture.

If Tenant in taile be of a copy-hold, the remainder over in Fee, if the Tenant in taile be attaint of Felony, it seems that the Issue in taile shall have the Land, and not the Lord.

If a copy-holder make a Feoffment of his copy-hold, and the Feoffee dies seised, and his Heires levy a Fine of that, and five yeares passe, the Lord is barred to seise the Land by forfeiture, as it seems.

Some Copy-holder by the custome may make waste, and is no Forfeiture, and waste by some Copy-holder is Forfei∣ture.

LOpping of Trees by a copy-holder is no forfeiture, but a copy-holder cannot lop Trees, and burn that in the house upon other Land or Mannor, nor sell the lops, un∣lesse by the custome he may make wast.

If a Guardian in Socage of a copy-hold make waste, the Infant shall not forfeit his copy-hold, but only the Inte∣rest of the Wardship, but inquire. If Lessee for yeares of a

Copy-hold make wast, and inquire when he is Lessee for yeares by surrender, and when he is Lessee by the license of the Lord, it is said, it is a forfeiture, but during the Tearm.

J. S. Seised in fee of an Acre in D. by Charter, and of a∣nother by copy, and make a Feoffment and Livery in the Acre by Charter in name of them both, it is no forfeiture of the Acre by copy, but if he make Livery in the Acre by copy in name of both, the Acre by Charter passes and it is forfeiture of the Acre by copy.

If a copy-holder suffer a common recovery against him at the common Law, and after surrenders to the use of a∣nother which is admitted, and after one or two admittances passe upon surrender, yet after when the Lords takes no∣tice of the forfeiture, he may well seise it, for that forfei∣ture, for that, that the copy-hold was destroyed by the forfeiture. But otherwise it seems, if the forfeiture do not destroy the Copy-hold, as if he make wast or break any custome, the Lord is barred by this admittance, as it seems.

If a copy-holder levy a Fine, and five yeares passe af∣ter Proclamation, this seems, barres the copy-holder and his Heires, but it seems doth not barr the Lord, but if a copy-holder make a Feoffment and Livery of his copy∣hold, and after levy a Fine, and six yeares passe, now the Lord is barred.

If two Joynt Tenants by copy are, and one makes wast in all the Land, yet he shall forfeit but one part.

If the Heire of a copy-holder having notice of the death of his Ancestor, do not claime within the yeare and day, after the death of the Ancestor, and Proclamation made, he shall loose it for ever, but otherwise it is if he be be∣yond Sea, or within age, or a Woman having a Husband, it seems she shall not loose by not claiming.

Tenant for life of a Mannor is, and copy-holder of that commits wast, and the Tenant for life dyes, he in remain∣der may seise the Land for this wast, for that it is a forfei∣ture which runs with the Land.

See before forfeiture, touched in the Title of copy-hol∣der.

Formedon.

In so much, that plaints are sued in nature of Formedon, for Copy-holds, something shall be said touching Forme∣don, and first let us see where a Formedon lies, and where not, and for that, that there are three manner of Formedons, that is, Formed on in Discender, Remain∣der, and Reverter, in Fitzh. Nat. Brevium, and there declared how everyone lieth, much shall not be said, but what is in Fitzher. Natura brevium, touching the ly∣ing of a Formedon.

FOrmedon in Discender lieth where the Donee in taile or free Marriage, aliens that Land so given in taile, or is disseised and dies, his Heire shall have a Formedon in Dis∣cender to recover these Lands so given in taile, Fitzh. f. 211. A.

Where Tenant in taile aliens or is disseised, or if recove∣ry be against him by default, after default, and hee dies, his heire shall have a Formedon, for the heire shall not have other recovery of the possession of his Ancestor then by Formedon, but if he be outed of his own possession, as if he be seised, and be put out he shall have Assise, Na∣tura brevium fol. 145.

Formedon lies by the heire of a gift made before the Statute of Westm. 2. Where the Donee after the Statute a∣liens and dies, and yet the Statute is, (to gifts before made it shall not be extended) 12 H. 4. f. 9.

Where there is a Tenant in Dower, or by the curtesie, the reversion to another in taile, if one intrude after the death of the Tenant in Dower or by the curtesie, he in reversion shall not have Intrusion but Formedon, Fitzh. 204. D.

Woman Tenant in taile takes a Husband, which ali∣ens, and after they are divorced, and after the Wife dies, the heire of the Wife shall not have (A cui in vita) but a Formedon, Fitzh. f. 204. K.

If Tenant in taile lets for life, and the Tenant for life aliens in fee, the Tenant in taile shall have a (consimili casu) or a Formedon at his pleasure, Fitz. f. 207. D.

Where land is given to one for life, the remainder to the Father in tayl, if it were executed in the Father, and he Alien, the Issue may have a Formedon in Discender gene∣rally, or may have special Writ making mention, how it was given for life, the remainder to his Father in tayl, and one or other is good, 44 Ed. 3. fol. 6.

In conveyance of Degrees, ye need not name him Heir, but Son of him which was not seised, but it is a surer way to name him Son and Heire to every one, if hee were seised or not, but he cannot omit any in his VVrit which was seised.

If the Demandant omit in Formedon, one which held the Estate, that is to say, who was seised, the VVrit shall abate; otherwise it is in Scire facias, 4 Ed. 2. tit. 48. Formedon in Discender shal abate, for that he omitted one in the VVrit which held an Estate, 44 Edw: 3. fol. 40.

The Demandant in Formedon ought to make his discent, by all which held the Estate otherwise, the VVrit shall abate, 46 Ed. 3. fol. 9.

Though the Demandant be made heire to him which dyed in the life of his Father which was not seised, yet the Writ shall not abate, but is good, 48 Ed. 3. fol. 7.

Where the Demandant in Formedon in Discender makes mention of any, and not of all, the VVrit shall abate, 49 Ed. 3. fol. 20.

Formedon, and the Register was shewed, by which it was held that he ought to make him Son to every one, and Sonne and Heire to him which last held the Estate, but if he makes him Son and Heire to every one, that is more, and good notwithwanding that every one did not hold the Estate, 11 H. 6. fol. 25.

The Writ is not the worse, though in the same it be mentioned that he is the heir of one, or that he should have scarce been heir to him if he had lived, if he be heir to him that last was seised, 11 H. 4. f. 70.

The Demandant in Formedon ought to name him Son and Heir to him that was seised; But if one survive his fa∣ther, and were not seised, he need not name himself heir, but son onely; but it is a sure way to name him son and

heire, or cozen and heire to every one, Fitzh. fol. 212. F.

Formedon abate, for that he made himself cozen and heir to the Donee, where his father was seised after the death of the Donee, and no mention was made of him, 10 Edw. 3. tit. 41.

Esplees shall be alleadged in Formedon in reverter, in the Donor, and in the Donee, and in formedon in descender and remainder, in the Donee onely.

Formedon in reverter, It behoveth to lay the Esplees in his Count in the Donor and Donee, but in formedon in de∣scender and remainder in the Donee onely, 50 Ed. 3. fol. 1. Fitzh. fol. 220.

Formedon in remainder, he alleadgeth Esplees in the Te∣nant for life, and not in the Donor, and in formedon in re∣verter, in the Donor and Donee, 9 H. 6. fol. 53. 11 Ed. 3. tit. 31. the same, and 18 Ed. 2. tit. 20.

Formedon in remainder, he counts upon the matter with∣out laying the Esplees in the Donor, and it is good, 27 Ed. 3. tit. 36.

Of what things Formedon lyeth, and of what not.

Formedon lyeth of Gorse, but not of an Advowson, Fitzh. fol. 217. B. It lies of pasture for 10 beasts, and not of com∣mon, but a Writ called quod permittat, Fitzh. 212. B.

Formedon lyeth of Common in gross. Inquire of 15. Ed. 3. Statham fol. 95. It lyes of a Corody; that is to say, of Rent, and certain breads, by the opinion of the Court, 18 Ed. 3. Statham, 10 book of Assise, fol. 11. Nuper obiit, was maintained of a Corody.

Ward.

For that that in the second Article is inquired, if Tenant of the Lord dies, if his Heir shall be in ward or not, and for that let us see where the Lord shall have the Ward of the heir of his Tenant within age, which holds of him by Knights service, and where not.

ANd note where the Heir of Lands held by Knights service, shall be said in by discent, to be in Ward, and where not: If the father devises his Land held in Knights service to his Son and Heir in fee and dies, hie Heir with∣in age, he shall be adjudged in by discent, and shall be in Ward; But if it were devised to his Son and Heir, and to the Heires of his body, the remainder to another in fee; and dies the Son within age, he shall not be in Ward, for he is in as purchasor, 3 H. 6. fol. 47.

Where the Heir recovers Land held in Knight-service, in formedon in discendor, he shall be adjudged in by di∣scent, and if he were within age shall be in ward, 2 R. 3. fol. 14. and 11 H. 7. fol. 12. Inquire, if he recover in Dum non fuit compos mentis. See Fitzh. fol. 114.

If the Heir enter for the condition broken, in lands held by Knights service, he shall be adjudged in by discent, and shall be in ward, if he be within age when he enters, 11 H. 7. f. 12. 7 H. 4. f. 13. and 6 H. 4. f. the same.

If the Father and the Son purchase land held by Knights service, to them, and to the heires of the father, and the fa∣ther dies, though the son within age, he shall not be said in by discent to be in ward, 43 Ed. 3. fol. 36. But by 32 H. 8. ch. 1. If they be held of the King by Knights service, the King shall haue the ward of them.

Where two or more hold joyntly lands held of the King by Knights service, to them and to the heires of one of them, and he which hath the Inheritance dies, his heir within age, the King shall have the ward of the body of the infant, though that the other which hath the Free-hold be alive. See the Stat. of Wills 32 H. 8. chap. 1.

If an Infant in the life of his Father be made Knight, * 1.226 and his Father dies, he shall be in ward; but otherwise it is where an Infant in ward is made a Knight, there he shall be out of ward, 2 Ed. 6. Tit. Ward 42. Magna Charta, chap. 3.

Where Reversion discends to the Issue within age, he shall be in ward; but where he hath a remainder by pur∣chase, is otherwise; and where he in remainder dies, his heir within age shall be in ward, Stamf. fol. 6. and 7. the same. See the Comment.

35 H. 8. tit. 119. A person twice in ward, where a woman

was young with child, as a man dies seised of land held in Knights service, his brother and heir within age, the Lord seises the Ward, the wife of the Tenant being young with child with a Son, and after the wife is delivered, the bro∣ther is out of Ward, But if the Infant die, the brother yet within age, there the brother shall be in Ward again; the same law where a Daughter is in Ward, and after the Son is born.

28 H. 8. Tit Ward 86. If the King hath an Heir in ward which is a woman, and she marry to one before she be of the age of 14 years, there she shall be in ward but to the age of 14 yeares, and then may sue Livery; for the two years to make 16 years, are not given but to tender marriage, and for that she shall be out of ward at 14 years.

The husband seised in fee of Lands held in Knights ser∣vice, enfeoffs diverse at this day to the use of himselfe and his Wife, and the heires of their two bodies begot∣ten, and for default of such Issue, to the use of the right heires of the Husband, and the Husband and the VVife have Issue within age, and the Husband dyes, though the VVife live and hath the Land, the Issue shall be in VVard of the body, as it is sayd: The same Law, where a man seised in Fee of Lands held by Knights service, makes a gift in taile to J. S. the remainder to his right heires, and dyes, his Issue within age, he shall be in ward of the body, though Tenant in taile have the Land.

If a Reversion of an Estate for life, or for yeares, be in my Father, and that discends to me, I shall be in ward, but otherwise it is of a Remainder; but if a Remainder of an Estate for life be in my Father, and that discends to me, and after Tenant for life dyes, I shall be in ward, 11 H. 7. fol. 19. 33 H. 6. fol. 6. 8 Edw. 3. tit. 23. and 33 Edw. 3. tit. 8.

By Choke, If Infant be Tenant for life, and the Re∣version discends to him, he shall not be in VVard, 9 Ed. 4. fol. 19.

Where an Estate is to an Husband and his VVife, and to the heires of the body of the Husband, the remainder to the right heires of the Husband, the Husband hath Issue within age and dyes, the VVife is▪ Tenant to the Lord, and for that the Issue shall not be in ward.

And if Lands be let to one for life, the remainder to

the right heires of J. S. the same J.S. dyes, and Tenant for life dyes, T. S. being right heire of J. S. and within age, shall not be in ward, for he is a purchasor, 15 Ed. 4. fol. 10.

Tenant for life, the remainder to another in taile, he in remainder dyes, his Issue within age, the Issue shall be in VVard, if Tenant for life be dead, 33 H. 6. fol. 6.

Tenant for life, the remainder in Fee, dyes, his heir shal not be in VVard, for Tenant for life is Tenant.

Lord and Tenant, the Tenant is disseised and dyes, his Issue within age, he shall be in VVard, Fitzh. fol. 142. B. C. D. Stamf. fol. 8. the same. 3 H. 4. fol. 16. the same. Littleton, fol. 87. the same.

Lord and Tenant, the Tenant hath a Daughter within age, being his heire, and he marries that Daughter to a Husband of full age, and dyes, the Lord shall not have VVard of the body; but if he marry his Daughter to a Husband within age, shee shall be in VVard, Natura bre∣vium, fol. 98.

Tenant for life, the remainder in taile to the Husband and his VVife, the remainder to the right Heires of the Husband; the Husband and the Wife dye, his heire with∣in age, living the Tenant for life, the heire shall not be in ward, Fitzh. 143. A.

A man makes a Feoffment before the Statute of Uses, to the use of himselfe for life, the remainder to W.S. in taile, the remainder to the right Heires of the Feoffor, the Fe∣offor dyes; and W.S. dies without Issue, the right heire of the Feoffor being within age shall be in ward, for he is in by discent, for the Fee was not out of the Feoffor: But where one makes a Feoffment in Fee, upon condition, to re-enfeoffe him, and the Feoffee gives to the Feoffor for life, the remainder to another in taile, the remainder to the right heires of the Feoffor, and the Feoffor dyes, and he in remainder in taile also dyes without Issue, the heire of the Feoffor within age, he shall not be in ward, 32 H. 8. tit. Ward, 93.

Estate is made to one for life, the remainder to the Husband and Wife in taile, the remainder to the right heires of the Tenant for life; the Husband and the Wife have Issue a Son, which hath Issue two Daughters, and after the Son and the Wife dyes, and after the Son dyes,

and after the Tenant for life dyes, the two Daughters within age shall be in Ward, 28 Ed. 3. tit. 48.

Marlebridge, chap. 6. Gives the Lord remedy, where his Tenant aliens by Collusion, to defraud the Lord.

Marlebridge, chap. 16. Gives Mortdancester for the heire in Ward against the Lord, unlesse he may have his Land at full age.

Prerog. chap. 6. If a Woman before the death of her Ancestors which holds of the King in cheife, before the yeares of marriage, be marryed, then the King shall have the Custody of her body, till the age that shee may con∣sent, and then let her choose, &c.

If an Infant be marryed before the yeares of marriage, in the life of her Father, and the Father dyes, and the Wife dyes, before the dayes of marriage of an Infant, yet the Infant shall be in VVard, and shall be marryed againe by the Lord, Stamf. fol. 27. 5 Mar. tit. Ward, 124. it is held, That marriage is as nothing, for shee may marry another, without Divorce, within the yeares of mar∣riage.

A gift is made to one in taile, the remainder to the right heires of J. S. which was dead, T. S. hath that as right heire; but if he be within age, he shall not be in VVard, for he is in as purchasor, 12 Ed. 4. fol. 2. 7 H. 4. fol. 5. 11 H. 4. fol. 72. & 15 Ed. 4. fol. 13. the same.

A VVoman of the age of fifteen yeares, at the time of the death of her Ancestor, shall not be in VVard, for the Lord shall not have VVard there till sixteen, 35 H. 6. fol. 48. & 28 H. 8. tit. 86. If the King hath a woman in VVard, and shee marry before fourteen, shee shall be in VVard but to fourteen, for the two yeares are given to tender marriage, and shee is marryed: See Westminst. 1. chap. 22.

Merton, chap. 6. Gives ravishment of VVard and dou∣ble value: And Merton, chap. 7. gives the value of the marriage, West. 2. chap. 12. Magna Charta, chap. 6. The heires shall be marryed without disparagement.

Merton, chap. 7. Of Lords which marry those that they have in their custody, to Villaines or others, as Burgers, where they are disparaged: If such an heire were within fourteen yeares, and of such yeares that shee cannot con∣sent to the marriage, then if the Parents complaine of

that Lord, the Lord shall loose the custody, till the age of the heire, &c. But if shee were of fourteen yeares and more, and agreed to such marriage, no punishment fol∣lows, Littleton 21. See what are disparagements, and what not.

Now let us see where your Lord shall loose the ward, for that that he holds part in cheife, and what hee shall loose by that.

THe Lord the King shall have the Custody of all the Lands of those, which of him hold in cheife, by Knights service, of which the sayd Tenants were seised in their Demesne as of Fee, the day that they dyed, of whomso∣ever they held, by the like services, &c. Prerogative, chap. 1.

If any hold of Us by Fee farme, or by Socage, or Bur∣gage, and of another holds Land by Knights service, We shall not have the custody of the Heire, nor of the Land which is of anothers Fee, by the reason of Fee farme, or Socage, or Burgage, Magna Charta, chap. 27.

11 H. 7. fol. 18. If one hold of the King in cheife, and dyes, his heire within age, and hath Lands discended from another Ancestor, the King shall not have the Lands in VVard which discended from another Ancestor: And it seemes if a Remainder be in my Father, and that dis∣cends to me, I shall be in VVard of the body, living the Tenant for life, otherwise it is of a Reversion, for Re∣version is a Tenement and held; but if a Reversion dis∣cend, and the Tenant for life living, I shall not be in VVard; but if hee dye first, otherwise it is: And if my Father dye seised of a Remainder, and the Tenant for life after dye seised, during the time that I am within age, I shall be in VVard.

32 H. 8. tit. Ward. 97. Where a man holds certaine Land of the King in Socage in cheife, the King shall not have Livery of more then of the Land in Socage: The same Law where he holds in Knights service of the King, * 1.227 and not in cheife, the King shall not have more in Ward, but onely that which is held of him immediately.

If one hold of the King in cheife, the King shall have all his Land in Ward, as well held of him as of others: But

otherwise it is, if he hold of the King, only by Knights Service, Stam. fol. 6.

Though that the Tenant of the King be in possession of Lands held of others, the King shall have them in ward by his Prerogative, Stamford fol. 7. Where the Tenant of the King doth not hold of the King in cheife, the King shall not have the ward of Lands held of other Lords, Stamford, fol. 10.

Grand-Father, Father, and Son Infant, the Grand-Fa∣ther is seised of a Mannor held of J.S. and the Father of another Mannor held of the King, in cheife, the Father dies, the King shall have the ward of that Mannor, and af∣ter the Grand-Father dyes, the King shall not have the Ward of his Mannor; the Statute of Prerog. is, That the King shall have the custody of all the Lands, &c. of which the Tenants themselves were seised of in fee, the day that they dyed, and for that, that the Father was not seised of that, the King shall not have it in ward, 15 Ed. 4. f. 10.

If any hold of the King in fee Farm, Socage, or Bur∣gage, and holds also of another in Knights Service, the King shall not have the Lands, held of another in Ward, by reason of those, Magna Charta, chap. 17.

Where a man holds certain Lands of the King, * 1.228 in Socage in cheif, of these he shall not have Livery of more then the Land in Socage, 32 H. 8. Tit. 97. Also where one holds of the King by Knights Service, and not in cheife, the King shal not have more in ward, but that only which is held of him immediately, during the time that the Lands are seised in the Kings hands in Ward; otherwise Lords shall loose their Rents, that is to say, that they cannot distraine du∣ring that time, Stam. f. 9.

Where one holds part of his Land of the King in cheife, and part of another Lord, and dies, his heire within age, and the King seises the Ward of all, it seems that the Rent of another Lord, and Service is but suspended, for the time that it is in the hands of the King, 26 H. 8. fol. 9.

The Signiorie of another Lord, in the case next before is suspended, but from the distresse, during the possession of the King, 13 H. 7. f. 15.

If a man holds part of the King, and part of another

Lord, and dies his Heire within age, which intrudes at his full age, and paies the Rent to the other Lord, this is a good Seisin, and shall binde him after he hath sued his Li∣very, for the Signiorie was not suspended by the possessi∣on of the King, but only the distresse, for after Livery the other Lord may distrain for the Arrearages due before, see now, 34 H. 8. Tit. Seisin 48.2 Ed. 6. chap. 8. That the Lords shall have their Rents during the minority, at the hands of the Kings Officers.

26 H. 8. Tit. ward 85. If the Kings Tenant alien in fee without license, and dies, his Heire within age, the King shall not have ward, for that, that there is nothing discen∣ded to him, for the alienation is good; saving the tres∣passe to the King, which is but Fine by Seisor.

1 H. 7. f. 5. If the Heire intrude upon the possession of the King, and levy a Fine; this is void by the Statute of Prerog. chap. 13. Which is where one intrudes, there ariseth unto him no Free-hold, but if the Heire levy Fine with∣out intrusion that shall binde him and his Heires.

Time of H. 8. Tit. alienation 22. Tenant of the King in cheife cannot alien for tearm of life without license, for he alters the Free-hold.

Magna charta, chap. 4. If a Guardian by the Kings Grant, makes destruction or waste, he shall loose his Guardian∣ship, &c.

Magna charta, chap. 5. The Guardian shall keep up the Houses, Parkes, Warrens, Stanks, Mills, &c. West. 1. chap. 11.

Where a Tenant lets for yeares and dies, the Lord by Knights Service in time past might have outed a Farmor, du∣ring the Nonage; but it is not so at this day.

IF the Tenant let for yeares and dies, his Heire within age, the Guardian shall out the Farmor, yet he shall have Covenant against the Heire at his full age, for this Tearm which the Guardian hath during his Nonage, 34 Ed. 1. Title 120

Guardian may out the Farmor, and yet at full age the Lessee shall have his Tearm again, Britton fol. 163

It is held that a Guardian may out the Farmor for yeares,

but not the Farmor for life, 5 H. 7. f. 37. Fitzh. f. 142. C. the same, 33 H. 6. f. 47. the same, and 14 H. 7. fol. 24.

Guardian cannot out Tenant by Elegit, but he may out the Farmor, Statham, 1 Ed. 3. Tit. 13. 1 Ed. 3. fol. 103 by Sharde.

A Guardian may out the Farmor, and so may out him which hath execution by a Statute Merchant, inquire of Tenant by Elegit, 33 H. 6. fol. 47. and 36 Ed. 3. Tit. That Guardian may out Tenant by Statute Merchant.

Guardian in Knights Service cannot out the Termor, 36 H. 8 Lease 58. 35 H. 8. Tit. 85. the same.

It is granted by all the justices, that the King shall not out the Farmor of his Tenant, by reason that the heire of his Tenant is in ward, nor he which hath execution up∣on the Statute, nor Rent charge granted by his Tenant, nor grant of next Advowson, Time of, H. 8. Tit. Ward 44.

Now if the Tearm be not found in the Office for the King, yet the Farmor shall injoy his Tearm, 2 Ed. 6. chap. 8.

Where there is Lord and Tenant, * 1.229 and the Tenant grants a Rent charge and dies; his Issue within age, the Lord be∣ing Guardian, shall hold this Land charged, 3 Book of Ass. 1.

Seisin.

Seisin of the Guardians vests Free-hold in the Heire, and Chattell in the Guardian, and Seisin of the Lord of parcell sufficeth to have ward, but not to avow for all, and see what Seisin is materiall.

WHere by Office one is found in ward to the King, that settles the profits in the King, and the Free∣hold in the Heire, 1 H. 7. fol. 6. and 42 Ed. 3. f. 4.

Seisin of the Ward, is Seisin of the Son within age; so that if he dye without other Seisin, the Daughter of the halfe blood shall not have this Land, 8 Book of Assises 6.

Possession of the Guardian is possession of the Heir, for if the Guardian be outed, the Heire shall have Assise with∣out other Seisin, 2 Ed. 4. f. 5.

Though the Free-hold be in him which is in ward, yet if he (being in Ward) cut the Trees of his Land in Ward; the Lord may have trespasse against him, 5 H. 4. fol. 2.

If the Tenant holds by Homage, Fealty, and Rent, and the Lord hath been seised of the Rent, but not of the Ho∣mage within memory; yet this sufficeth to have the ward, 6 Ed. 6. Tit. Ward 122.

If the Tenant hold by Rent and Knights Service, and the Lord and his Ancestors have been alwaies seised of the Rent, but not of the Homage, Escuage, not of the ward, yet if the ward fall: The Lord shall have the Ward of the Heire by Seisin of the Rent, for the Seifin is not travers∣able, notwithstanding, otherwise it seems to make avowrie, 7 Ed. 6. tit. 69.

13 H. 4. Seisin of Homage without Escuage is sufficient to have releife for avowrie.

22 Ed. 3. Tit. 90. Tenure B. By the Seisin of Escuage, the Lord may distraine and make Avowrie for Homage.

27 H. 8. fol. 25. Avowrie for Fealty and Rent, and Issue upon the Tenure, Seisin of the Rent is not good evidence, nor Seisin of Suit of Court, for it is another thing that the Avowrie is made for.

44 Ed. 3. f. 11. Seisin of Fealty is not iufficient Seisin to have Assise of Rent, but sufficient Seisin to make Avowrie for all, 45 Ed. 3. fol. 23. the same

Seisin of Escuage nor releife, shall not be traversed, and for that where one avows for Homage, Fealty, Releife, and Escuage, it is no Plea that he was not seised of Escuage, nor of releife, for paradventure Escuage is not assessed by Parliament within memory, 13 H. 4. f. 6.

Where one holds by Fealty and Rent, If the Lord were seised of the Rent, it is sufficient to avow for all, see 29 Ed. 3. fol. 31. and 27. H. 8. f. 24. But the Issue was upon the Tenure.

Where one holds by Fealty and Rent, Seisin of Fealty is sufficient to avow for all, 45 Ed. 3. f. 28. & 44 Ed. 3. f. 10. See, 27 H. 8. f. 24.

Seifin of parcell of Rent is sufficient to have Assise of all, 8 Book of Ass. 4.

But if one hold by Fealty and Rent, Seisin of Fealty is not sufficient to have an Assise of Rent, Nat. Bre. fol. 109.

If one hold by Fealty, and Rent, Seisin of Fealty is not sufficient to have an Assise of Rent, Abridg. Book of Ass. fol. 16.

Seisin of Rent by the Predecessor of a Parson, &c. Of a corporation, if it be gainfaid to the Successor, it is sufficient to have an Assise of this Seisin, Fitzh. fol. 179. C.F.

Seisin of Fealty is not sufficient to have Assise of Rent, 20 H. 3. Tit. Avowrie 433.

Where one holds by Fealty, and ten shillings Seisin of parcell of the Rent sufficeth to have Assise for all. Inquire time of Ed. 1. Tit. Avowrie 229.

One may avow for releif, without alleadging any Seisin of it, 20 Ed. 3. Title.

One may have Escheat and Ward before that he be sei∣sed of the Services, 11 H. 4. f. 16.

Where one avows for that, that the Plaintiff hath com∣mon in his Land, and hath used to pay to him ten shil∣lings, and hath used to distraine for that, it is not good without alleadging Seisin of that Rent, 26 H. 8. fol. 6.

Homage and Fealty.

And for that, that the third Article of the charge is to inqui∣re of Services withdrawn, and for that, that some Te∣nants make Homage and Fealty, and some Fealty only, you ought to see the form in Master Littleton, fol. 18. and 19. Of making of one and of another, and what shall be one and what the other, and that none shall make Homage nor take Homage, but such a one which hath an Estate; in Fee simple or in Fee taile, in his own right or in right of another, and if a Woman having Lands in Fee, or in taile; takes a Husband and have Issue. The Husband in the Life of his Wife shall make Homage, but before Issue it shall be made in both their names, and if the Wife dye the Husband shall not make Homage.

HOmage shall not be made to Tenant in Dower, for it shall be made to none, if he hath not Inheritance, 22 Ed. 3. f. 19.

7 H 4. fol. 21. He which holds by Knights Service shall make Homage.

Litt. fol. 22. He that holds by Socage may hold by Ho∣mage, and shall make Homage.

One cannot avow upon a Husband and a Wife, as of right of the Wife for Homage, unlesse that the Husband hath Issue by the Wife, but if he avow upon them, it need not be alleadged, but it shall be intended that they have Is∣sue, see 44 Ed. 3. fol. 41. and 43 Ed. 3. fol. 13.

Corporation cannot make Homage, for corporation can∣not appeare but by Attorney, 33 H. 8. Title Fealty 15.

Bishop or Abbot may take Homage, contrary of Parson of a Church, Time of Ed. 1. Tit. Fealty 12.

In a (Perque servitia) an Infant was constrained to at∣torn, and to make Fealty, notwithstanding his nonage, 20 Ed 3. Tit. 19.

Tenant for yeares shall make Fealty to his Lessor, Lit. fol. 29. D. 9 H. 6. fol. 43. and 5 H. 7. fol. 11. accordingly, where a Rent is reserved.

By all the Justices, that Tenant for yeares shall not make Fealty, for it is (as I beleeve) to be intended not to the Lord, but to the Lessor, 10 H. 6. f. 13.

It seems that a Lessor may avow upon a Lessee for years as within his Fee, by the Mannor, and for that shall make Fealty to his Lessor, and may avow for that, 40. Ed. 3. fol. 34.

If Rent of a Lessee for yeares be behinde, the Lessor can∣not avow upon the Termor, as of Tenant upon the Land, but upon the matter, 47 Ed. 3. fol. the last.

24 H. 8. Tit. Fealty 8. In the Exchequer held, that if Lands discends to me which is held of J.S. by Homage, and I make to him Homage, and after other Land discends to me by another Ancestor held of J.S. also by Homage I shall make Fealty, but not Homage again, for I am become his man before, the same Law is, if both the Tenements are held of the King by Homage, he shall not have two Homa∣ges but one Homage only, Lit. f. 29

Tenant at will by the common Law shall not make Fe∣alty to the Lessor, but Tenant by copy at will according to the custome of the Mannor shall make Fealty to his Lord, Lit. in the end of the first book and f. 29. and 10 H. 6. f. 13. accordingly.

If there be Lord and Tenant and the Tenant holds

three Acres of the Lord by Fealty and Rent, and aliens all the three Acres, the Lord is not held to change his Avowrie without notice, and to avow upon the Feoffee, for Fealty and Rent: But if he will he may; the same Law, if he alien but one Acre, not that the Statute of Westminster the third is, that he shall hold for that parti∣cular, yet this is upon notice, 8 Ed. 4. fol. 12. and 47. Ed. 3. fol. 4.

If the Tenant make a Feoffment, and there is no notice made to the Lord; and the Tenant dies, the Lord may distraine the Issue, for Fealty and Rent, and avow upon him, for it sufficeth that he dies Tenant, though he doth not dye seised of the Land, 44 Ed. 3. fol. 13.

If the Tenant be disseised and the Disseisor dyeth seised, the Lord there cannot distraine the Tenant for Fealty, but the Issue of the Disseisee, 32 H. 6. fol. 31. and 34 H. 6. fol. 51.

If the Tenant hold by Fealty and Rent, if the Tenant make a Feoffment in Fee, the Lord may distraine the Beasts of the Feoffee for Fealty and Rent: And make a∣vowrie upon the Feoffor till notice be given, and after notice given he shall avow upon the Feoffee, if he tender the arrearages, otherwise not, for by the Feoffment and no∣tice he shall not loose the arrearages, but may distrain as above, and avow upon the Feoffor for the arrearages. But I intend if the Lord accept Fealty of the Feoffee he hath lost the arrearages, 47 Ed. 3. f. 4.

Note that by the Statute of, 21. H. 8. chap. 9. One may avow the taking in the Land if he will, as within his Fee and Lordship, as in Lands held of him; without avowing or justiffing of any person certaine.

Where one in ward of the King holds of a common per∣son also by Homage or Fealty, the Lord cannot distraine for Homage, or Fealty; during the time that it is in the Kings hand, and yet the Signiorie is not suspended but only from distresse, so that after he may distraine, 13 H. 7. fol. 16.

If Tenant in taile which holds by Fealty makes a feoff∣ment, yet the Donor cannot avow upon the Feoffee for Fealty, but if one recover against a Tenant in taile, the Donor ought to avow upon him, which recovers for the Fealty, and if there be Lord and Tenant, and the Tenant

were disseised, and the Lord accepts the Rent of the dissei∣sor, yet that shall be but as a Bailiff to the Disseisee, and ought to avow upon the Disseis. otherwise I suppose of Fe∣alty, 41 Ed. 3. f. 26.

If there be Lord and Tenant by Homage and Fealty, and the Tenant be disseised, and the Lord accept Homage of the Disseisor, he cannot avow for Homage upon the Disseisee, Fitzh. 142. E.

Hariot.

For that, that diverse Lords of Mannors have Hariots, and these are to be inquired for the Lord in Court-Baron, in the second Article of Charge. It is to be noted that there are two manner of Hariots, that is to say, Hariot custome, and Hariot service, and for that Hariot custome is properly as it seems, after the death of the Tenant for life and for yeares, and of every Estate, and also is upon altenation.

IT is properly Hariot custome after the death of the Te∣nant for life, 8 H. 7. fol. 11.

To have a Hariot after the Death of every Tenant, that is to say, for life and for yeares, is a Hariot custome, 21 H. 7. f. 16. & f. 13. the same.

To have a Hariot after the death of the Tenant for life is Hariot custome, for Hariot service is after the death of the Tenant in Fee, 21 H. 7. Tit. 5. Br.

Custome that every Tenant of every Estate ought to pay Hariot after his death, is Hariot custome, 14 H. 4. f. 5.

Where the Lord is to have Hariot upon every surrender, or upon every alienation, is Hariot custome, 3 H. 6. Tit. 8. b.

Note that a Hariot custome may be due after death or alienation, as the custome will serve.

It seems Hariot service is properly after the Death of Tenant in fee upon discent, and not upon every Estate, as before is said.

HAriot service is by reason of the Tenure, 8 H. 7. fol. 20.

Hariot service is by the Tenure and if the Tenant a∣lien

the Land without notice, yet the Lord may distraine upon the Land for the Hariot, for it is by reason of the Te∣nure, and the Land is charged, 8 H. 7. f. 10. B. 6. that is by prescription.

Hariot service is after the death of the Tenant in fee, and not of every Estate, 21 H. 7. f. 13. B. 5.

You shall see more for payment of Hariot service, title discent before, and title releife after.

Where a Ha••iot is certaine, the Lord may seise that as Hariot custome, and note that for Hariot service, he may distrain, it seems where it is certaine to have the best Beast, that he may seise.

THE Lord may seise as well for Hariot service, where he is to have the best Beast, as for Hariot custome.

But it is said in another place, that for Hariot custome he shall alwaies seise, and not distraine, for the property is in the Lord forthwith, 38 Ed. 3. fol. 7. Br: 2.

For Hariot custome the Lord may seise, and if it be con∣veyed away he shall have a (Detinue) and for Hariot ser∣vice, if it be conveyed away he may distraine, time of, H. 8. Br. 6. Doctor and Student f. 65.

The Lord hath property in Hariot custome, and may seise that; and for Hariot service he may distrain and not seise, 8 H. 7. f. 10. Br. 7.

He cannot prescribe to distraine for Hariot custome, though that it be conveyed away, for that, that he may have a, Detinue, for the Law adjudges possession in him, 13 Ed. 3. Br: 9.

It is adjudged that the Lord may seise Hariot service as well as Hariot custome, See Plowdens Commentaries, fol. 96. between Woodland and others, and 16 H. 7. f. 5.

It seems where the Lord prescribes to have the best, he may seise for that, that it is certaine, 6 Ed. 3. Tit. but in∣quire.

Who shall pay Hariot, and who not, and when it shall be paid, and what remedy upon putting it away.

ISsue in avowry, if he die his Tenant, for the Lord shall have Hariot, though that the Tenant do not dye scised,

for it is sufficient if he dyed his Tenant, though that he did not dye seised, 44 Ed. 3. fol. 13. Br: 1. and 7 H. 4. fol. 17.

The Husband and Wife, and their Son purchase lands joyntly hariotable, and the Husband dies, the Lord shall not have a Hariot till after the death of the last of them, 24 Ed. 3. fol. 50. Br. 4. and Fitzh. 3. 25 Ed. 3.7. and 19. R. 2. tit. Hariot 5.

Where a man dies seised of two Houses hariotable, the Tenant shall pay two Hariots, and note there the pre∣scription that a Parson shall have the best Mortuary, and the Lord the second best, and if the Lord shall have the second best, was the Issue taken, 7 H. 6. fol. 26. Br. 3.

Beasts which are remaining within the Fee of the Lord, if they be removed out of the Lordship, the Lord may take them for Hariot, where he is to have Hariot after the death of every Tenant, 27 Book of Ass. 24.

If my Tenant which holds of me by a Hariot, aliens parcell of his land to another, every one of them shall pay Hariot, for that, that it is intire, 34 Ed. 3. Fitzh. 3.

After the death of a Prior, Hariot shall not be paid, for that he hath no property in the Beasts, 32 Ed. 2. Fitzh. 7.

If a Husband, Wife, and their Son, are seised for their lives, the remainder to their said Son in taile, after the death of the Husband the Lord shall not have a Hariot, for he was not sole seised, 24 Ed. 3. Tit. 3.19 R. 2. Tit. 5. The same: for it is said there, that if one do not dye sole Te∣nant, there shall be no hariot paid, Recordare longum, If the Lord purchase the Tenancy held by hariot service, then the hariot is extinct, by the unity of possession, for that, that it is service annexed to the Land, but I intend that it is o∣therwise of hariot custome, where the Lord grants over the land, 14 H. 4. f. 8. and 8 H. 7.11.

Note that hariot is due immediately after the death of the Tenant.

Trespasse, the Defendant as Lord may justifie taking of hariot within his Fee, or if the taking were out, it is good, and the conveying it out is to no purpose, but that the Lord may seise hariot out of his Lordship, for it is not in case of the Statute, where the Lord distraines within his fee for his services, 19 R. 2. Fitzh. 5.

The Lord may seise Hariot (which is the best Beast that

his Tenant hath, which held of him by hariot) though they be in some place out of his Mannor, for that, that it is certaine, 6 Ed. 3. Fitzh. 4.

If one which holds by hariot service, to pay the best Beast dies, and hath a Cow at the time of his death which is the best; though that the Executors sell that, the Lord may seise that in the hands of him to whom shee is sold, if the Sale be not in an open Market, and not there, if without fraud, 16 Ed. 3. Fitzh. 2.

By the custome of some Mannor, and of most Mannors; the Lord shall have only one hariot, upon the dying seised of his copy-holder, and discent, and not upon every sur∣render.

But by the custome of some Mannor, hariot is due upon every surrender for life in taile, or in Fee, as well as upon discent and that in nature of a hariot custome at the Com∣mon Law, and by the custome of divers Mannors, the Lord hath no hariot of some of his Tenants within the Mannor and of some he hath.

The Lord may seise for hariot custome, the hariot, and is to seise that of the Goods of the dead, and for hariot ser∣vice to distraine upon the land.

If a Copy-holder of Inheritance of lands hariotable, ly∣ing in extreamity, upon his bed, surrender into the hands of two Tenants to the use of his eldest Son in Fee, and dies before that surrender be presented in the Court, the Lord shall have hariot, but if this surrender had been pre∣sented in Court, and the eldest Son had been a••••••ted accordingly, and after the Father had dyed, there the Lord shall have no hariot unlesse it be hariot custome due to him onely by custome, upon every alteration, and ex∣change of Tenant for life and in Fee.

The same Law is, if the Father copy-holder of Land hariotable, surrencer in the Lords Court to the use of him∣self for life, of the Son of his Daughter for life, and after to the use of the Son of his Daughter, and to the Heires of the Son, and they are admitted accordingly, and after the Father dies, the Lord shal not have hariot unlesse it be hariot by custome, due upon every Estate for life, in tail and fee, upon every surrender which is due by the custome, but in this case if the hariot were due by the death of his Tenants and discends to the heire only, then the Lord shall not have the hariot.

If the Father being a Copy-holder of Inheritance, or by the custome, the Lord is to have Hariot upon every discent only, and he lying in extreames, surrenders into the hands of the Steward, to the use of his eldest Son and his heirs and dies, and after that surrender is presented in Court, and he is admitted accordingly, it seems that the Lord there shall have a hariot.

But if the Father being Copy-holder of Inheritance, or by, the custome (the Lord having Hariot upon every di∣scent only) surrender in full Court to the use of his eldest Son and his heirs, and the eldest Son is admitted accor∣dingly, and after the Father dies there the Lord shall have no Hariot.

So it seems, if in this case the Father surrender to the use of himselfe for life, the remainder to the use of his el∣dest Son and his heires, and they both are admitted accor∣dingly, and after the Father dies, there the Lord shall not have hariot.

34 Ed. 3. Statham, If my Tenant which holds of me by a hariot, alien parcell of that land to another, every of them is charged to me of a hariot, for that it is intire, and though the Tenant purchase the land again, yet if I be sei∣sed of a hariot by another man, I shall have of him for e∣very portion a hariot, and that by the opinion of Wilby and Sharde

4 Ed. 3. Statham Tit. Avowrie, one avowes for hariot, Plaintiff demands Judgement, for that he doth not al∣lead ••••eisin of the hariot, and it seemes of hariot cu∣stome he need not to alleadge Seisin, but otherwise it is of hariot service.

6 Ed. 3. Statham Tit. avowrie, if one avow for hariot cu∣stome, he shall recite the custome in his Avowrie.

24 Ed. 3. Statham Tit. avowrie, if one avow for hariot, and saith, that he and his Ancestors have been seised, time out of minde, yet he ought to alleadge a speciall Seisin in him, or in one of his Ancestors, and to say by whose hand, &c.

38 Ed. 3. Tit. 2. Br. It seems where the Tenant holds by hariot service, that is, if he be to have the best Beast, the Lord may seise as well as for hariot custome, for that it is certaine, and for hariot custome he shall alwaies seise and not distrain, for that that the property is in the Lord, 27 Book of Ass. 24. 8 H. 7. f. 10.

13 Ed. 3. Tit. 9. Brook For hariot custome he may have an action against whosoever conveyes it away, and a Deti∣nue against him which denies it, for he hath property in the thing, and the Law adjudgeth possession in him with∣out seisure, as of the Body of a ward which is transi∣tory.

Time of H. 8. for hariot custome, a man alwaies shall seise, and if it be conveyed away, he may have a Detinue, and for hariot service as here conveyed away, he may di∣straine, but not for hariot custome.

3 H. 6. f. 45. Trespasse, the Defendant prescribes in him and his Ancestors, Tenants of the Mannor of D. to have the best Beast for hariot upon every surrender, and the Horse taken was the best, the Plaintiff saith, that the property of the Horse was not in the Tenant, time of the surrender, and a good Plea.

Livery of Seisin.

For that, that you give in the second Article of Charge, to know what Estates your Tenants have, for that something shall be said afterwards, which is an Estate in Fee, and which in taile, and also of other Estates, and first for that to Feaffments, Gifts, and Estates, made in taile, and for life, by you to others, there ought to be Livery of Seisin, let us see what is good Livery upon the Land, and what within the view of the Land, and what not.

IF Liver 〈◊〉〈◊〉 made and the Termor for years be not ou∣ted, this is not good, 21 H. 7. fol. 7.19 H. 6.56.2. Ass. 1.5 Ass. the last, and 7. Ass. 3. And he to whom the Livery is made, stay a night with the Termor, and not out the Ter∣mor, yet this is not good, Britton fol. 102. and 29 Ass. 60.

If Livery be made, and the Termor be not put out up∣on the Livery, or that he attorn, it is not good, 5 Book of Ass. 8.

If a Feoffment be of two Mannors, whereof one is in Lease for yeares, and the Livery is made in the other which is not in Lease, this in Lease doth not passe, for there shall be Livery made in that also, or otherwise the Termor ought to attorn, 11 H. 4. fol. 71.

To deliver a peice of Earth of the land, to him which takes the Seisin is a good Livery, 2 Book of Assises 1.

The Sheriffe may deliver Seisin of Rent recovered, by Beasts, Grasse, or Clod, and it is good, 40 Ed. 3. fol. 22. Per∣kins. 42.

Office is granted in Forrest, to which land is belong∣ing, and Seisin is delivered by a Horn and an Axe, and is good, 1 H. 7 f. 17. the old print.

A man makes a Feoffment to a Woman, and when he comes to the Church doore to be married, he delivers to her the Deed, and there shews to her the land and is a good Livery, 39 Ed. 3. fol. 11 and 38. Ass. 22.

Where one is sick in his House, and delivers the Deed of Feoffment in name of Seisin it is good, Perk. fol. 48

A Deed by (I have given and granted) or I have (gi∣ven) only, sufficeth to a Disseisor, if he deliver to him the Deed without other Livery, for it is a confirmation, Little∣ton 121.

One lying sick in his House, makes a Charter of that, and saith, take and keep according to the Charter, and he takes Seisin, and the Feoffor be not out, and yet good, so it is in the same case if he say take Seisin, and command all the Servants to attend on him, 27 Book of Ass. 61. Perkins f. 43.44. & 43 Ass. 20.

There may be Livery within the view, as I deliver to the Feoffee a Deed of feoffment, and I say that I will that you shall enter into the same lands, and have them according to the Deed, it is good if you enter, Perk. fol. 43. and 18 H. 6. f. 16.

The Father infeoffs his youngest Son of a•• House, and the youngest Son come into the Church of the same town where the House is, and saith in the presence of the Pa∣rishioners, Father so frankly as you have given to me the House, I give that to you, and the Father goes to the house and enters and dies seised, and is good; and the eldest Son shall have that and not the youngest, 39 Ass. 12. Per kins f. 44. the same, and 42 Ed. 3. Feoffment 54.

Note that it is notorious, and this the reason.

The Father makes a Feoffment and a Letter of Attorney to L. to make Livery, and before the Deed delivered, com∣mands L. to make Livery upon condition, and he makes that upon condition, it is good, 28 Book of Ass. 439.

A man makes a Feoffment by Deed simply, but he deli∣vers Seisin upon condition, the Feostee takes it conditio∣nally, and not by the Deed, 8 H. 5. fol. 8.18 Ed. 3. fol. 19. and 18 Ed. 4. f. 12. Littleton fol. 83.

The Father for advancing his youngest Son, makes to him a Charter, and a Letter of Attorney, when he was of sound memory, and after by sicknesse cometh mad, so that he was dumb at the time of the seisin delivered, but by all signes agreed, and this is a good livery, 25 Book of Assises 4.

If a Lease be made for life by Deed, and the Lessor saith, Go you and enter, but no livery is made, though that he enter, yet by Newton, hee hath but an Estate at will, and no Freehold, 18 H. 6. fol. 16.

When one makes a Feoffment, and delivers the Deed to the Feoffee, and said, God give you joy, this is a good livery, 41 Ed. 3. fol. 17. Abridg. Ass. fol. 94. and 41 Ass. 10. but it seems it was within the view.

Feoffment is good of Lands by Deed, and delivering the Deed within the view of the Land, so that the Feaffee enters accordingly; but if the Feoffor dye before the Fe∣offee enter, then the Land discends, and the Feoffment shall take no effect: Time H. 8. B. Feoffments 70.

A man makes a Feoffment to another, and delivers to him the Deed in the Land, or upon the Land; this is a good Feoffment by all the Court, 35 H. 8. Brook, Feoff∣ments, 74.

Note by these is to be gathered, that where the Feoffor delivers the Deed, within sight of the Land to the Feoffee, and he enter, this is a good livery and seisin, but if hee doe not deliver the Deed within the view, nor use words within the view, which may countervaile livery, I suppose free-hold doth not passe.

If a Lease be made for life by Deed, and I deliver it out of the view, and no livery of seisin, that he is but Te∣nant at will, by Newton, as it is sayd before, 18 H. 6. fol. 16.

Note, where a Deed shall enure as a confirmation, without Livery of Seisin, and where not.

A Lease for yeares is made, and after the Lessor makes a Deed by (I have given, granted, and confirmed)

to the Lessee, to him and his heires, and deliver to him this Deed, this is good without livery, 22 Ed. 4. fol. 37. and 19 H. 6. fol. 44. the same.

If I let to one for yeares, and after make to him a Deed by (I have given and granted) to have the Land for life, or to him and to his heires, and deliver to him the Deed, he hath an Estate according to the Deed without livery and seisin; the same Law where a Disseisee makes a Deed by (I have given) to the Disseisor, and delivers to him the Deed as before is sayd, Lit. fol. 121.

Feoffment to diverse, and livery to one, where both take, and where not; and where one makes a Letter of Attor∣ney by words, is not good.

A Man makes a Feoffment by Deed to twenty, and de∣livers the Deed and Seisin to one, in the name of all, this is good to them all, but if he enfeoffe twenty with∣out Deed, and Delivers seisin to one in name of all, this is good to him onely: Time of H. 8. Br: Feoffment 72.15 Ed. 4. fol. 18. and 10 E. 4. fol. 1. by Choke.

Tenant enfeoffs the Lord and another, and makes live∣ry to the other, nothing vests in the Lord, without his a∣greement, 10 E. 4. fol. 12.6 E. 4. fol. 4.

Where a Corporation and another are enfeoffed, livery to one is not good to both, for that, that they take in Common, and for that livery shall be to both of them, 7 H. 7. fol. 9. by Hussey.

Attorney by word cannot make livery, 19 H. 8. fol. 9. by Shelley and Englefeild.

A man enfeoffe foure by Deed, and one makes letter of Attorney to J. S. to take seifin for him and the rest, and he takes seisin accordingly, the residue take nothing by the seisin, 17 H. 8. Br: Feoff. 67.

Mortdancester.

Many times Mortdancester is brought of Copy-hold Land, and for that some thing shall be said of Mortdancester; and it seemes if the Tenant traverse one point of the writ, the residue shall not be inquired: Contrary is by 9 Ed. 3. fol. 30. Fitzh. Mortdancester 13.

IF one takes Issue upon one point, and found against him, the residue shall be held confessed, 27 H. 8. fol. 12. and 39 Ass. 13. But Abridgement of Assise fol. 120. If the Te∣nant plead in Barr which is found against him, the Assise ought not to inquire of the points at large.

Mortdancester, If the Tenant traverse one of the points of the Writ, as to say, that he is not next heire, and is found for the Plaintiffe, there he shall not inquire of other points, for when one point is traversed, all others are in manner acknowledged, otherwise it is where he acknow∣ledgeth no point, as pleading that the Plaintiffe is a Ba∣stard, there they ought to inquire of the residue of the points, Statham, 35 E. 3.

If the Tenant traverse one of the points of the Writ, the remainder shall be held not gainsayd by Sharde, 14 E. 3. tit. Fitzh. 8.33 E. 3. Fitzh. 34. accordingly.

Abridgement of Assise, fol. 118. The points of the Writ are three, that is, First, if the Ancestor of the Demandant was seised in his Demesne, as of fee, the day that he dyed. Secondly, If he dyed seised within fifty yeares last past. Thirdly, If the Demandant be next heire.

The Tenant saith, that the Ancestor of the Plaintiffe did not dye seised in fee, and the Assise charged upon all the points, 9 Ed. 3. tit. 13. and 9 Book of Assises 14. ac∣cording, B. 21.

If the Tenant plead in Barr, without that, that the Father of the Demandant dyed seised; if that be found against him, the points of the Writ shall not be inquired, but if he plead to the Writ, it is otherwise, 27 H. 8. fol. 12. by Fitzherbart.

Where the Tenant traverseth one of the points of the Writ, and the Assise is awarded, and found for the Plain∣tiffe, he shall not inquire of the other points, but shall be taken confessed, Abridgement Book of Ass. fol. 118.

If the Tenant pleads Feoffment or Surrender, he ought to traverse the dying seised.

IF the Tenant pleads matter in Deed, as Feoffment of the same Ancestor, they ought to traverse the dying seised, but if hee plead recovery, this is a Barr, unlesse

the Tenant convey title afterwards, 6 Ed. 4. fol. 11. Mort∣dancester, Natura brevium, 119.

By Thorpe, Feoffment of the same Ancestor is no Plea in Barr, but to the Assise, for the Action is taken of dying seised after, that is to say, The day that he dyed, or not, 34 Book of Assises 20.

Where there shall be a re-summons, and where the Assise shall be awarded upon default, and the points shall be inquired.

THe Tenant was Essoyned, and at the day made de∣fault, and re-summons was awarded, and sayd, that it ought, 8 Book of Assises 13. Inquire Fitzh. fol. 196. G.

The Tenant was effoyned and at the day made default, and adjudged that the Assise shall be taken by his default, and that resummons shall not be but immediately after Summons, 4 H. 7. f. 23. and 4 Ed. 2. Fitzh. 37.

A man cannot recover by default in this Writ without inquiring of the points of the Writ, 31 Ed. 3. Tit. 58. A∣bridgment Book of Assises f. 119.

The Tenant makes default by which resummons went out, upon which he comes and pleads, and doth not answer to the default.

Where it is found against the Tenant, upon Plea which trencheth to the action, the points of the Writ shall not be inquired, otherwise it is upon a Plea in abatement, see 39 Book of Assises 13. and 29 Book of Assises 48.

Mortdancester, If the Tenant plead non-tenure of par∣cell to the Writ, and if found, &c. And is ready to heare the Recognisance of the Assise, the points shall be inqui∣red, 20 Book of Assises 19. and 4. Ed. 2. fol. 39.

Mortdancester, the Tenant saith, that he is ready to heare Recognisance of Assise, the points inquired, 12 Ed. 3. f. 10.

If the Tenant plead non-tenure of parcell, he ought to plead over to the Assise, that is, to pray that the Points be inquired, 12 Book of Assisee 8. and Abridgment Book of Ass. fol. 122. See there.

Where Mortdancester lyeth.

IT lyes for the Heir, where his Father, Mother, Brother, Sister, Uncle, Aunt, Nephew, or Neece, dieth seised of any Lands of an estate in Fee, and an Estranger abates, there the Heir shall have a Mordancester, and when his Fa∣ther were seised and disseised, the day that he dyed, yet it lyes. Fitzh: fol. 195. C.D.

If Tenent by the Curtesie alien, the Heir shall have Mor∣dancester unlesse he hath assets by him, And if a Guardian hold over, the Heir at full age shall have a Mortdancester: Fitzh: fol: 196. E. F.

Mordancester doth not lye upon Lands devisable by Will, and it is reason, for it is true, that the Ancester was seised, the day that he dyed, and that he dyed seised, and the Te∣nant is Heir in apparence. Fitzh: fol: 196. I. 4 Ed: 2. Fitzh: Mordancester 39.

It is a good bar to plead devise of the same Ancester, and so it seems where there is a devise now by the Statute of Wills, Abridg: Book of Assises, fol: 120. & 32 H. 8. Chap. 2.

One Coparcener shall not have a Mortdancester against another, where their Ancester dyed seised, and one enters in all, and holds out his companion, but (nuper obiit) and if the Ancester dye seised of an estate tail and one enter, and deforce the other, he shall have a Formedon, and not a Mortdaneester. Fitzh: fol: 196. L.

Mortmain.

For that that by the 9th. Article, it is inquirable of Mort∣main, to the intent that none shall give in Mortmain, but that the Lord may make his claim within the time limited in the Statute. Let us therefore see, what is an alienation in Mort∣main, and what not.

IF Villain of an Abbot, or of a Corporation purchase, and the Abbot or the Corporation enters, this is in Mortmain, and the Lord may enter within the yeer. 41 Ed: 3. fol: 16. Fitzh: 224. B. Contrary of Land which dis∣cends to a Villain. 41 Ed: 3.21. and 48 Ed. 3.27.

If a Feoffment be made to the use of an Abbot, or a Cor∣poration, this is Mortmain, and within the Statute, that the Lord may enter. 8 H. 4. fol: 16. Br: 11.

If an Abbot, Mayor and Commonalty, Dean and Chap∣ter, or other Corporation, alien to another Corporation or Abbot, without license, this is Mortmain, Fitzh: 212. D. The same Law if one exchange with an Abbot or Corporation, this is Mortmain, and the Lord may enter. Fitzh: fol: 223. E.

Lord, Dean and Chapter, or other Corporation are Te∣nants, and the Lord releases to Dean and Chapter, or to the Corporation, his Rent without license, this is Mort∣main. But if he be licensed of the King, and of the cheif Lord, and (Ad quod damnum) be sued, or in the license of the King, this clause be, that is to say, without any Writ of (ad quod damnum) then the Mortmain is not to be inqui∣red in no case, where such license is used, for that is dispen∣sation, that the King nor the Lord cannot enter for Mort∣main. But if the Lord with license in this case aforesaid, be Tenant in tail, or for life, and dyes, I think it is there in∣quirable. Fitzh: fol: 222. D. and 223. I.

But if the King grants to a Corporation liberty to pur∣chase Lands and Tenements to the clear yearly value of 40 li. provided that it be not held in cheif, as divers Grants are: If such a Corporation purchase Lands and Tenements held of the King, as of his Mannours of East Greenwich, Depford, otherwise West Greenwich, Sayes Court, Lew∣sham fee, or held of the Queen as of her other Mannors, there it is not inquirable of Mortmain, but it is to be en∣quired in the Leet, if they have purchased any Lands held in chief, or over such a value in the Grant. And also it is to be inquired in Court Baron for the Lord. If any Corpora∣tion have purchased any Lands or Tenements held of the Lords Mannor (notwithwanding the Grant, and license of the King aforesaid) for this shall not be to dispence a∣gainst the Lord for Mortmain.

Where anuity is granted to a Parson or a Vicar of a Church, or to a Prior or an Abbot, by any tenant, It is no Mortmain to be inquired, for in anuity if they recover, col∣lusion shall not be inquired, for that doth but charge the Parson of the grantor, and not the freehold, 10 Ed. 4. fol. 6.34. H. 6. fol, 37.3. Ed. 4.14: 33. H. 6.27.20. H. 6.7. and 17. Ed. 3.5.

But if any Tenant of the Lord, grant by deed out of his Land, any rent charge with clause of distresse to any corpo∣ration, that is Mortmain, and inquirable.

The same Law is, If any tenant will, that a Corporation, shall have to them and their successors, a rent charge issu∣ing out of his Land, and will not that his Parson be charg∣ed in any manner, by Writ of an uity, but hath in the end of his Deed, provided alwaies that this present writing, nor any thing in that specified, shall in no wife extend to charge my person by Writ or Action of anuitie, but onely to charge my Lands and Tenements of the yearly Rent aforesaid, This is Mortmain, and inquirable. The same Law is, if any Tenant of the Lord grant by Deed, that if the Dean and Chapter, Mayor and Commonalty, and their suc∣cessors, be not yearly paid at the feast of Christmas 20 s. that then it shall be lawfull for them to distrain for the same in the manner of D. this is Mortmain, and inquirable. Littl: fol. 30. proves this a good Grant. See Fitzh. 224, G.

But where personall things are given to a Corporation, as Horse, Cow, Ox, Sheep, hoggs, or other goods, there in this case Mortmain is not to be inquired, for these so given, are not within the statute, 10. H. 7. fol. 3.

If a Bishop or an Abbot, appropriate to themselves an Advowson held of a Lord, of which they are seised in Fee without License, that is Mortmain, and inquirable. Eitzh: fol: 223. H. and 5 H: 7. fol: 37. saith, that an Advowson ly∣eth in tenure: 40 Ed: 3. fol: 44. accordingly.

If a Fishing held of the Lord, be granted by the Tenant, to a Bishop and his Successors, or to a Dean and Chapter and their Successors, this is Mortmain, and inquirable. 40 Ed. 3. fol: 44. proves that it lyes in tenure.

The Statute of Religious, fol: 79. is, That no Religious, or other whatsoever, shall presume to buy or sell, any Lands or Tenements, either under colour of gift or tearm, or by reason of any Title whatsoever, or by any means whatso∣ever, art or wit presume to appropriate them to him, un∣der the penalty of forfeiting the same, by which the Lands or Tenements may come into Mortmain, by any means. And the Statute gives liberty to the next Lord (if he come within the yeer) to enter, and if he be negligent and do not enter, then the next Lord within half a yeer; and if not, then the King after the yeer and half may enter, And

it is inquirable in the Court Baron, for the benefit of the Lord that he may enter within the yeer; and if the Lord be negligent, and do not take his time limited by the Sta∣ture, then the King may enter, and that is inquirable in Leet for the King.

25 H. 8. tit. 37. Lord and Tenant, the Tenant lets for life to I. S. the remainder to an Abbot and his Successors, the Lord need not make claim till the Tenant for life be dead; for if he will waive the Remainder, it is no Mortmain.

Non-Tenure.

In so much that you sue here plaints for Coppy-holder, and make protestation in nature of what Writ serves your case, and many times non tenure in them is pleaded, let us see where non tenure is a Plea, or is a plea of parcell and not of all.

NOntenure is no Plea in a (Nuper obiit) for it is to try privity of blood, 7 H. 6. fol. 8. Fitzh. fol. 197. D. & F. accordingly, but abridgment, Ass. fol. 120. Non-tenure is a good Plea in Mortdancester.

If one plead Ancient Demesne, he cannot afterwards plead Non-tenure, for none may plead ancient Demesne but the Tenant, 41. Ed: 3. fol. 22.

If one plead Non-tenure of parcell, he ought to shew that he is Tenant of that. But if he plead Non-tenure of al, other∣wise it is, 8 Ed: 4. fol. 6.11. H. 4. fol. 16. and 36 H. 6.6.

Non-tenure is no Plea in (Scire facias) to have Execu∣tion upon a Fine. 7 H. 4. fol. 12.

Generally Non tenure is no plea in Scire facias to have Ex∣ecution, for that that nothing in that is demanded, but Execution is demanded only. But it seems one may plead speciall Non-tenure, as to say that he was a Disseisor, and the Disseisee hath entered upon him. 7. H. 6. fol. 16.

Cessavit, and counts that the Tenant held a house of him by fealty and suit of Court, he may deny that he is no Te∣nant of the whole house, for he cannot tender the whole arrearages without his companion, and goes in abatement of all. * 1.230 But Non-tenure of a parcell in a (Precipe) shall not abate for all. 21 Ed. 4. fol. 25.

Non-tenure of parcel shal abate all the Writ, by the Com∣mon

Law, and now by the Statute but for the parcell, 36 H. 6. fol. 6.18. Ed. 4.41. Ed. 3.20. & 4. Ed. 4.33.

Littleton fol. 126. Formedon, If the Tenant plead Non te∣nure, Judgement shall be that the Tenant shall go without day, and after such judgment the Demandant may enter.

26 H. 8. fol. 3. Attaint, He which was party to the first Re∣cord, cannot plead Non-tenure, by Hare, but his feoffee may.

21 H. 6. fol. 62. Attaint against him which recovers, and the petty-Jury and he saith, that he was not tenant day of the Writ purchased, and held good.

6. Book of Assises. Attaint against J.S. upon a verdict which passed for J. S. in a Writ of Entry upon disseisin, and not∣withstanding that J. S. pleads as Tenant, yet for that, that he was not Tenant day of this attaint nor ever after, the Writ shal abate by Non-tenure 14 Book of Ass. 2. Attaint, Non∣tenure was good, but it was pleaded there by the Heir, or other person against whom the recovery was.

Fitzh: fol: 107. L. Attaint, Non-tenure hath been admit∣ted a good Plea divers times.

8 Ed: 4.20. A man recovers in Court Baron in right, and the other brings false judgement, and recovers that, and in Scire facias to have Execution, he which first recovered, pleads speciall Non-tenure, to stay Execution, and said that he shall have it.

9. H. 5. fol. 11. Scire facias to have Execution, if the Te∣nant pleads Non-tenure specially, That is, that he hath no∣thing but for years, the Plaintiffe shall not have Execution at his peri II.

Nuper obii.

In so much that (Nuper obiit) is a Plaint sometimes by Co∣pi-holder of that in Court Baron, something shall be said of that, and where it lies, and where not.

IT appears it lies where Lands discends to Coparceners, and after the death of the Ancestor one enters into all, and deforceth the other, as where Grandfather, Father, Brother, Uncle or other Ancester die seised of an estate in Fee, and after their death, one of their Heirs enters, and deforces the other Coparceners, here the Coparceners de∣forced shall have a (Nuper obiit) against the other Copar∣cener

which deforceth them. And if one Coparcener be deforced by the other Coparcener, and a stranger, she shall have a (Naper obiit) against her Coparcener, and this Jointenancy shall not abate the Writ. And this Writ lieth as well between Coheirs in Gavelkind, as between women which are Coparceners, if one deforce the other. Fitzh. fol. 197. A. C.

Nuper obiit lieth between sisters of the half blood, 3. Ed. 1 Tit. 5. Fitz. f. 179. G. Nuper obiit is maintainable, where her Ancester was carried out of the same tenements, the day before his death against his will, by the other Coparcener, and dies out of the same tenements, 4. Ed. 2. Tit. 10. Fitzh. 197. L.

Nuper obiit lieth of a Corody, 16. Ed. 2. tit. 11.10. Ass. 11. Br: 3. Fitzh. 179.

If there be two Coparceners, and one of them marries a Villain, and the other deforce them, the Villain and his wife shall not have a Nuper obiit, 16. Ed. 3. tit. Fitzh 17.

Officer.

Where your Officer, or Sheriffe shall be punished for executing of Processe, as trespassor, and where not, and how he ought to carry hemself in executing Processe.

OFficer shall be punished in trespasse, that by (Fieri fa∣cias) out of any Court, breaks the door of a house to do execution, and for that only, & not for taking the goods in execution. 18. Ed. 4. fol. 4.

It is held that an Officer cannot break the close to make a Replegiare where there is a gate, unless that that be stopt, the same Law is of executing Processe out of a Court Ba∣ron, 21. H. 6. fol. 30.

Where one is indicted of trespas, and Capias awarded, or a Commission to take the party indicted, and he shuts his gates, there the Officer may break the gates, unlesse he may otherwise come to take him, for this is for the King, other∣wise it is to execute Processe out of a Court Baron, 27. Book of Assise, 35.

Where erronious Judgment is given in any Court, the Officer which doth the execution is excused. Contrary where the Court gives Judgment of Land, or contract

which lieth out of their jurisdiction, for their trespasse or Assise lies against the Officer, 22. Ass. 64. Plowden 19••.

There is also a Diversity, where in Court Baron Judg∣ment is given, that is void or voidable, for where judgment and execution is there, of a thing whereof they have no ju∣risdiction, there trespasse lies against the Officer for execu∣ting it, but if Judgment be there but erronious, and so not void, false judgment lies, and no trespasse against the Offi∣cer, Plowdens Com. 394. contrary Law.

Where an Officer by commandment of a Bishop arrests one for holding an opinion that he would not pay Tithes, false Imprisonment lies.

The same Law where a Justice of Peace, laies his com∣mand upon one out of the Sessions without other matter, and for that is Imprisoned.

Where one by a Capias out of the Court Baron arrests one, false Imprisonment lies against the Officers 10. H. 7. fol. 17.

It seems if the Sheriffe arrest one, by a Capias awarded a∣gainst him, out of the Common Bench, where there is no O∣riginall, yet false Imprisonment doth not lie against him, 21 H. 7. fol. 22. and 11 H. 4. fol. 36. the same, by Hank, i•• case of the Abbot of Glassenbury.

Held that the Sheriffe may arrest a verger in the Church, or a secular man, and shall not be punished by trespasse. But by the statute of 1. R. 2. chap. the last see Pulton title Ar∣rests. If any arrest any Minister which is doing Divine Ser∣vice in the Church, Churchyard or other place, he shall be Imprisoned and punished, &c.

If an Officer distrain or attache the horse of a Master, where the plaint is against the servant, trespasse lies for the master against the Officer, for the Officer ought to take no∣tice at his perill whose goods he distrains or attaches, 13 H. 4. fol. 2.14. H. 4.24. 11 H. 4.90. & Doct. & Student 129.

Where an Officer arrests another man which is not de∣fendant, or attache goods which are not the defendants, he is a trespassor, if the Plaintiffe shew him the party, of goods, and saith he is the Defendant or not, 11 H. 4. fol. 90.

It seems that the Officer shall take notice at his perill whose beasts he repleves, 14. H. 4. fol. 24.

If the Officer restrain any Prior, or other Prelate for debe or trespasse when he is in his journey riding, by his horse

upon which he rides, where he may distrain other goods, action upon the case lies against the officer, Quare cum &c. Fitzh. fol. 93. I.

Where the Sheriffe hath a Capias, he may arrest one with∣out shewing it, and so may a Bayliffe erant, But the servant of a Sheriffe and of another, cannot without shewing the Warrant. The same Law is of a Bayliff of the Lord or Bea∣dle, which by custome serve Attachements or distresse, They having a command, may serve it without shewing it. But so cannot they do, where they have a command to summon Copy-hold Land, or a command in nature of Grand cape, Petit cape, habere facias visum, or Habere facias sefinam, 14 H. 7. fol. 9. 21 H. 7. fol. 37. 8 Ed. 4. fol. 14. and 10 Ed. 4. fol. 1.

If the Sheriffe arrest one by a Capias, and after do not re∣turn the Writ, or return (non est inventus) false Imprison∣ment lies against the Sheriffe. But in Court Baron no Ca∣pias shall be awarded, yet if the Officer there serve an At∣tachment or distresse and do not return his precept at the next Court, Trespasse lies against the Officer for the De∣fendant, and an Action of the Case lies against him for the Plaintiffe which sued the Action, for not returning of the Precept, 10 Ed. 4. fol. 18. 3 H. 7. fol. 3.

If the servant of the Sheriffe arrest one by Precept made out of a Capias, and return his precept to the Sheriffe, and yet the Sheriffe do not return his Capias, false Imprison∣ment lies against the servant. But by the 18. of Ed. 4. fol. 9. it appears that it is otherwise, where the Baylife of the Li∣berty arrests one by precept, out of a Capias made to him by the Sheriffe, and returns his precept, and the Sheriffe do not return the Capias, there lies false Imprisonment against the Sheriffe, and not against the Bayliffe. But in Court Ba∣ron, Bayliffe or Beadle which have a precept of the Ste∣ward, cannot make precepts out of that to serve. 21 H. 7. fol. 22.20. H. 7. fol. 13.

One may arrest one in the presence of the Sheriffe, which hath a Capias by his Commandment, & it is his arrest, with∣out shewing the precept, and Bayliffe or Beadle of a Court Baron may attach or distrain any thing without a precept, in the presence of the Steward, and by his Commandment. 8. Ed. 4. fol. 14. 21. H, 7. fol. 22.16. H. 7. fo. 14. See there.

Bayliffe or Beadle of Court Baron, distrain or serve At∣tachment, and the Defendant makes rescous, and chaseth

the thing destrained or attached out of the Mannor, and the Officer freshly follow and takes it again, and brings it into the Mannor again, and may well do it. 33. H 6. fol. 52. and 55. and 2 Ed. 4. fol. 6. accordingly.

If a Sarjeant at mace arrest one, and he resists, he may beat him, and others (upon request) may aid him, 2. Ed. 4. fol. 6. B. and 3. H. 7. fol. 3.

By Hank, Officer cannot attach J. S. by my goods which he hath to dung his Land, or to plough it, or which he hath in pawn, 11. H. 4. fol. 90. B. 31. H. 8. tit. 159. It is said, where one hath an Office of charge: as to be Steward, Bay∣liffe, Parker, &c. That the grantor may out them, and pay their Fee, if it be so much certain, but not where they have profits of Court. &c. 34 H. 8. tit: 243. the same.

28. H. 8. tit. 94. Deprivation of an Office which lies in grant, ought to be by deed and not by word.

5. Ed. 4. fol. 5. Long report, the Act of the under She∣riffe, or his Deputy in the name of the Sheriffe, shall charge the Sheriffe, and for their act the Sheriffe himself shall be amerced, and no other.

39 H. 6. fol. 35. The opinion of the Justices was, That escape of a prisoner is not a sufficient cause of forfeiture of the office of the Marshal, which hath fee in that, and held that the Marshal might grant that to another for life, but his assignee cannot make a deputie; And the opinion of the Justices, that not executing of an office, is a sufficient cause of seisure: Deputie occupies to the use of the officer, and his forfeiture or misdemeanour shall make the Officer to loose his Office, but the misdemeanour of the grantee for life not, but of his own estate.

11 Ed. 4. fol. 1. Duke, or Marshal in fee, may make a De∣puty for his Patent is, to be executed by himself or his De∣putie. The same Law of the Office of Chamberlain of the Exchequer, which is also an Office of trust, for he keeps the Records of the King, so that an Office of trust cannot be granted over. If the Patentee hath it not, to him and his Assignees, he cannot make a Deputy, and there agreed, that he hath that, in his own right, and Deputy is not but to occupie in the Right of the Grantee. See Perkins, fol. 21. E. F. G. 10 Ed. 4. fol: 16.

5 Ed. 4. fol. 27. Where an anuity is granted to keep a Park, if the Grantee misuse that, by which the Deere are

killed, that is forfeiture of his Office. Littleton fol: 73. If a man grant by his Deed to another the office of Parkership, Steward, Bayliffe, 〈◊〉〈◊〉 there is annexed to that a condi∣tion in Law, &c.

5 Ed. 4. fol: 10. The King grants to Garter the office of the King of Arms at will, and 10 li. fee, for tearm of his life for that Office, If the Grantee be put from the fee the of∣fice shall cease, for the Cause ceasing, the effect shall cease. 7 Ed. 4. fol. 23. the same.

9 Ed. 4. fol. 5. If the King grant an Office to one which knows not how to use it, It is said that the grant is void, and Justices may refuse him. 5 Ed. 4. tit. 48. the same.

9 Ed. 4. fol: 6. The King grants Office, the Patentee may make title in assise, without shewing that it was an Office before. But if the grant was with vales and fees it is not good, unlesse there be words (Constituimus) if there were none before.

9 Ed. 4. fol: 6. If the King grant the Office of one of the Clerks of the Crown to 2. the grant is good, but grant to two to be chief Justice is void, for it is a Judiciall office.

18 Ed. 4. fol: 8. The King grants the Office of chief pre∣notary to two that is void, and the Justices may refuse to enroll it, for two cannot have the keeping of the Rolls.

29 H. 8. Tit. 47. If a man hath a fee of a Lord, and after is made a Justice, this fee is not void, but after he is made Justice, he is not to take fee of any but of the King. But where a Parson is made a Bishop, the Parsonage is void, for he cannot be Ordinary to himself, nor punish himself.

3 H. 7. fol: the last. The King cannot grant the Rever∣sion of an Office to J. S. by that name, but reciting how, that such a one shal have and hold such an Office for tearm of his life, of Our speciall grace We grant the Office afore∣said to J. S. to have after the death, &c. See 32 H. 8. Chap. 27.

9 H. 7. tit. 44. If the Warden of the Fleet, do not bring in his prisoner which is commanded by the Court, that is a cause of seising his Office. And if a prisoner condemned escape, he is to pay the condemnation.

11 Ed. 4 fol. 1. by Vavisor, Not attendance is a cause of forfeiture of the Office.

Westm: 1. Chap. 26. No Sheriffe nor other Minister of the King, shall not take reward to do his office, and who doth,

shall restore double to the Plaintiffe, and shall make Fine to the King.

Westm: 1. Chap. 29. No servant, accomptant, nor other make any disceit or collusion in the Kings Court, or con∣sent to make that in deceit of the Court to wrong the Court or party, and of that be attaint, he shall have Impri∣sonment for a yeer and a day, and be not heard in Court to count for none, and if there be another which counts he shall be imprisoned a yeer and a day.

Fitzh: 172. O. No Victualler ought to use to sell victuall or wine, by great or retail, so long as he is in Office, as Mayor, &c. To keep the assise of bread and wine.

Fitzh: 173. A. Victualers shall not be chosen to office of Judge, in Towns and Cities, but for default of others, and then they shall not sell victuals. See of that divers Sta∣tutes.

Processe of Execution.

JOhn Kitchin Steward, to his Bayliffe health. Because Rob. B. hath recovered against W.E. 31. s. in a Plea of Debt, and 12 d. for charges and costs, of which the said W. in the same Court was convicted by the Judgement of the Court. Therefore you shall cause to be levied according to the custome the aforesaid 31 s. in the said Court adjudged, and the said 12 d. for charges, and you shall have the said mo∣ney at the next Court to pay to the said Rob: for his dama∣ges aforesaid, and have there this Precept, and how, &c. dated the 24th day of April, the yeer of the Reign of the Queen, &c. 21.

Pound overt.

For that that in the 15th Article of the Charge, it is to be en∣quired, if any Distresse put into the Lords Pound be taken out without Authoritie, for that let us see some things touch∣ing open Pounds.

SEveral pasture of one, is provided for the time, though it be not an open Pound, for that is adjoyning to the Kings high way, which is called an open Pound. 5 H. 7. fol: 9

If a man distrain his tenant in Fee, for life, or yeers, for

Rent, he cannot impound in the same Land where he takes the Distresse: but for dammage doing he may. 21 H. 7. fol: 39.

By Choke. If one take Beasts in the name of Distresse, he ought to put them into an open Pound, for that, that he which is distrained, may give to them sustenance, other∣wise he cannot give them meat. But if he distrain dead chattels, I may put them where I will; but if they spoil in my default, I must answer for them. 9 Ed. 4. fol: 2. B.

If Distresse be taken out of the open Pound of the Lords of the Town, he which distrains shall have a (Parco fracto) and not the Lord; and the remedie for the Lord is present∣ment in the Court Baron. 21 Ed. 4. fol: 19. Fitzh: 100. G.

Where one distrains (doing dammage) or for Rent, or service, and impounds them in the common Pound, or in another Pound or place which is a lawfull Pound, and an other takes them out, he which distrained shall have a Writ called (Parco fracto) of that taking out of the Pound. The same Law is if they were impounded in a Close of his freind by his license, and are taken out, he which distrain∣ed shall have a (Parco fracto) and his freind Trespasse, why by force of arms he broke his Close. Fitzh: 100. E.

If Distresse be put in open Pound, and they dye, it is the losse of the owner: but if they be put in another place, it is not so. And though sufficient amends be offered, yet he cannot take the Distresse out of the Pound, but ought to sue a Replegiare; And then if it be found that sufficient was tendered, he shall recover dammages for the refusall. But if the Distresse dye in open Pound, though sufficient amends were offered, yet it is to the losse of the owner, so that he ought to give to them sustenance. Doctor & Student fol. 113.

If Distresse taken, doing dammage be put in a Pound, the Defendant may justifie that he hath Common in the place where the taking was, and made fresh suit, and came to the Pound, and there he found that unlockt, and took his Beasts, this is lawfull upon fresh suit, and being un∣locked. So it seems in all cases, where the Distresse is ta∣ken without reasonable cause upon fresh suit, and Pound unlocked, the owner may take them out of the Pound. 30 Ed: 3. fol: 171.

3 H. 6. fol: 15. Defendant in Replegiare may say, that he

put the Beasts in open Pound, and there they dyed, and he shall not wage deliverance.

5 H. 7. fol: 9. If the Defendant in Replegiare take beasts and drives them away, and doth not put them in an open Pound, and they die, this is not in default of the Plaintiffe; But if he put them in an open Pound, within the County, it is not to be said that they are conveyed away; but the Plaintiffe at his perill is bound to take knowledge where they are, and to give them meat.

39. H. 8. Tit: distresse 6. He which distaines beasts may put them in a close house, if he will give them meat, for the putting them in open pound, is but to the intent that the owner may give them meat. 1 & 2 Phil: and Ma: chap. 12. tit. Distresse, That no distresse shall be driven out of the hundred, unles to the open Pound, nor above 3 miles, and one distresse shall not be impounded in severall pounds upon forfeiture of 5 l. And for poundage of an In∣tire distresse a man shall not take above 4. d. poundage.

20. H. 7. fol. 1. Where the Lord destraines beasts and they are taken out of the Pound, the Lord shall have a (Parco fracto) and the party may have trespasse, for the property lies in him by Forwick.

Fitzh. 101. Where a man distraines for doing dammage, Rent, or service, and puts them into the common Pound or into an other lawfull Pound, and he which owes the beasts or another person takes them out of the Pound, then he which distrained, shall have a (Parco fracto) and if a man send his servant to distrain for rent or service, and the servant distrain and put them into the Pound, and a stranger takes them out of the Pound, now the Master shall have a (Parco fracto) for it is the pound of the ma∣ster, 21. Ed. 4. fol. 19.

Fitzh. 101. E. if a man distrain for Rent, doing dam∣mage, or services and puts the beasts in the ground or close of another his friend by his license, and he which ows them takes out the beasts, he which distrained shall have a (Parco fracto) and not he which hath the close.

Fitzh. 101. H. For amercement in hundred one cannot distraine, but the proper goods of him that is amerced, & not others, but for rent or service is otherwise, for the party may distrain the beasts, found in the Land which are rising and lying and Impound them.

Releife.

IF one have a tenement in chief, and dyes, &c. and af∣ter such Heir be in Wardship, when he shall come to age, that is, 21 years, he shall have his Inheritance without releife. But by the stature of Marlebridge chap. 10. and by the Prerogative of the King the 3. chapt. the King shall have the first seisin, nor the Heir shall not enter, before he hath received it out of the Kings hands, whatsoever Age he be of, Magna charta, 2. 3. & 4.

Where one holds of a common person by Homage, feal∣ty, and escuage, and dies, his Heir male being within Age of 21 years, he shall be in ward untill 2•• years, and if he were not in ward but were of ful age, that is, 21 yeers, then the Lord shall have a 100 s. for a whole Fee for relief, and if he hold by a moitie 50 s. and so who by more, more, and who by lesse, lesse. Litt. fol. 24.

But by Marlebridge chapt. 17. If the Heir within age be in ward and at full age, the Lord will not suffer him to en∣ter without Suit, but holds him out to have relief, or o∣therwise holds him out that he cannot enter without plea, he shall have a Mortdancester against his Guardian, and recover his dammages. Fitzh. fol. 196. F.

If one holds of the Lord in Socage, that is by fealty, and 10 s. payable at a certain day and dyes, then the Lord shall have 10 s. for relief over the 10 s. which he paies for his Rent, and such relief is due forthwith of what age the Heir be, so that he passe the age of 14 years, But if he hold by a Rose, that shall not be paid forthwith, but when the time of the year is that they grow. Litt. fol. 28. And this releif by Bracton and Britton is not so properly to be called releif, as that which is paid at full age by him that holds in Chivalrie, 16. H. 7. fol. 4. and 18. Ed. 3. Tit. A∣vowrie 99.

Note when a man holds of the King in chief, and of o∣ther persons by Knights service, The King shall have the Ward of all, and the Heir shall pay relief to every Lord at his full age, 24. Ed. 3. fol. 8. & fol. 24.39. Ed. 3. tit. 1. the same, 26. H. 8. fol. 8. the same, and Nat. bre. fol. 95. notwithstanding see Stamf: Title Prerogative.

The Father dyes seised, and the eldest brother of full age, dyes before that he enters, and before that he hath possession in deed, the yongest brother being of full age, he shall pay two releifs, one for the death of the Father, the other for the death of the Brother, for that that both were Tenants to the Lord, Time of Ed. 1. Tit. 12. and 13. Ed. 3. Tit. 6. the same.

If my Tenant enfeoffes his son and Heir of full age and dyes, before the Son gives notice to me, I shall have releif of him, for that that his Father dyed my Tenant, to the avowrie, 7 Ed. 3. chap: 11.17. Ed. 3. fol. 3. Enquire. See 3. H. 6. fol. 47.

Where Land is given to the Father for life, the remain∣der to his right Heirs, the which tenements are held by Knight service, the Father dyes, his Heir of full Age, he shall pay releif, 32. Ed. 3. fol. 4.

Estate is made to the Father for life, the remainder in tail to his eldest Son, and his Wife, the remainder to the right Heirs of the Father in fee, the father dies, the eldest son and his Wife die without Issue, the youngest son is in by discent, and shall pay releif, 40. Ed. 3. fol. 9.

Gift is made to one in tayl, the remainder to the right Heirs of J. S. which was dead, Donee dyes without Issue, T. S. had that as right Heir, but is in as a purchasor, and for that shall not pay releif. 12 Ed. 4. fol. 2.

A Lease for life, the remainder to the right Heirs of J.S. tenant for Lease dies living J.S. the remainder is void, and J.S. and his Heir shall not be said in by discent to pay releif, 9. H. 6. fol. 23.

Lease for life, the remainder to the right heirs of J. S. and J. S. hath Issue T. S. and dyes, T. S. shall pay no re∣leif, for he is in as purchasor, 11. H. 4. fol. 72.

Lease is made to one for life, the remainder to another in tail, the remainder over to J. S. in fee, he in remainder in tail dyes, his Issue of full age, he shall pay no releif, for tenant for life is tenant, but when tenant for life dyes he shall pay releif 33. H. 6. fol: 5.6.

Lord and tenant, the tenant lets for life, the remainder in fee to another, and he in remainder dies, his Heir of full age shall pay no releif, for the tenant for life is tenant to the Lord, Fitzh. 142. B.

Where an estate is to the husband and to his Wife: and

to the Heirs of the body of the husband, the remaindet to the right Heirs of the husband, the husband hath Issue of full age and dyes, the Wife is tenant to the Lord, and for that the Issue shall not pay releif when tenant for life dyes he shall pay releif. 5 Ed. 4. fol. 10.

If the Heir of full age recover, In a (whilest he was not Compos mentis, or in dum fuit infra aetatem) or if his Father had made a feoffment upon condition, and he enters for the condition broken, he shall pay releife, 11. H. 7. fol. 12.

Tenant in fee farme upon discent shall pay no releife, for that that his rent is entended the very value of the Land, 45. Ed. 3. tit. 8. B. old tenures the same.

20. H. 7. fol. 1. Debt lyeth for releife by Brud: Debt (is said) lies by the Lord for releife, but it is held cleer, that Executors of the Lord shall have debt for releife. So it seems one may have debt for releife or distrain, 39. H. 6. and 32. H. 8. Brook. Releife. 11.

Notwithstanding that by will in writing, Lands are de∣vised to another in fee, yet the Lord may have releife and harriots, and may distrain for releife and hariott, as he might have done before the making of that statute, and though this statute never had been made, 32. H. 8. ch. 1.

Note that releife shall be paid to the Lord which hath an estate in fee; or in tail, for life or for years, for that it is a Perque Site incident to the Lordship, and if the Lord dyes, his Executors shall have the releife due to him.

The tenant shall pay but once releife in his life time, & he shall not pay again by change of the Lord, Britton fol. 177. and Bracton accordingly, and sayes, but once as long as the Heir lasteth, 34. Ed. 1. Tit. Anowrie 233. fol. 1. If the releife be due to the Lord, and the Lord dyes, that shall be a chattell to his Executors.

14. H. 4. fol. 8. If one be enfeoffed before the statute to hold by a penny, for all services, exactions, and all de∣mands, yet releife shall be due by Sherne.

Magna Carta chap. 2. If any holds of the King in cheife, and owes us releif, he shall have his Inheritance by the old releif, that is, the Heir or heirs of an Earl of a whole Coun∣ty by a 100 l. the Heir or heirs of a Baron of a whole▪ baro∣ny by a 100 marks, the Heir or heirs of a Knight of a whole Knights fee 100 s. at the most, and who lesse hath, shall

give lesse according to the old custome of the Fee.

Magna Charta chap. 3. After the Heir be in Ward, when he comes to age, that is 21 years, he shall have his Inheri∣tance without Releife.

By Glanvile and by Littleton for a whole service of a Knight, he shall pay for Releife a 100. s. and to that a∣grees the Stat. of Mag. Char. Chap. 2. and the Statute is over the heire or heires of a whole Barony 100. Markes, and the heire or heires of an Earle of a whole Earldome 100 l. and Lit••f. 35. saith, that Tenant by grand Serjeanty shall pay for releife, the value of his Land by a yeare, beyond all reprises.

If any hold of any Escheat, as of the honour of Walling∣ford, Notingham, Bullen. and other Escheats which are in our hand, and are Baronies and dies, his heire shall give no other releife then the Barons did, Magna Charta chap. 31.

Note that hariot service is to be paid by the common Law upon discent, as Releife is to be paid upon difcent, and for that where Releife shall be paid, let us see where one shall be said in by discent, in the title of discent before.

VVhere land is given to be held by Homage, and having his services, rendring yearly foure Markes, for all services and demands, yet releife shall be paid, for releife is a thing which growes by reason of services, and is incident, 18 E. 3. tit. avowrie 99.

Bracton saith, he shall give releife, which succeeds by hereditary right, but not he that purchaseth.

All Purchasors are quit of releife all their lives of land purchased, and also those which held only for life, and also those who have married VVives, which have been in ward to their Lords, nor he which was in ward to the Lord, ought to pay releife, Brit. 177.

If Mesnalty discend to a Tenant, he shall pay the releife if he be of full age, & holds by Knights service, and if with∣in age, shall be in ward, where a Reversion of Tenant for life discends to one he shall pay releife, but otherwise it is, if one Tenant levy a Fine to one and his heirs, which dies before entry, and after the heire of the Conisee hath exe∣cution by (Scire facias) he shal not pay releif, so it is if the Father recover in value or in Mortdancester and dies, and the heire hath Execution by Scire facias, shall not pay re∣leife, 11 H. 7. f. 12.

No feoffment upon collusion nor use shall defeate releif nor any other fraudulent gift, * 1.231 for they are uses executed, releife shall be paid as well as of lands by the Statute, 19 H. 7. chap. 15. and also by the Statute of 13. Eliz. chap. 5. All fraudulent acts are void against their Lords, as touch∣ing their Hariots and releifs.

If there are two Daughters, one within age and in ward, and the other of full age, she shall pay releif for her part.

Abbot nor Corporation shall not pay releife after the death of the Predecessor, for that, that they are in by electi∣on, and not by discent, and the Corporation doth not dye, 8 R. 2. Tit. 14. But by that booke, one by prescription or Deed, may have releife after the death of every Abbot, or Prior, Statham 3 Ed. 3. Tit. 162.

Opinion is that after receit of Homage, a man cannot avow for releife. But Glanvile and Lit. say, that it is due immediately after full age, that is, if they hold by Knights service, and by Lit. if they held in Socage it is due forth∣with as before it is said, if he passe the age▪ of foureteen yeares, 15 Ed. 3. Tit. 5. Britton fol. 178.

No releife be given before that the Lord be seised of his Homage, nor before that the Lord have delivered him the writings of his Heritage, if he have them, Magna Char∣ta chap. 3. The Lord shall not have the custody, before he hath taken homage, but the Law is contrary at this day, see, Title fealty, Br. 9.

Suit.

OF making Suit truly, &c. none that by Deed is infe∣ofted &c. doth not make Suit to Court, unlesse it be specified in the Deed, unlesse he and his Ancestors have used to make it, and if he be distrained to make it in ano∣ther manner, it is against the form of the Feoffment, and where the writing is, to hold by certaine service, for all services as to hold by Fealty for all services, shall make no suit. Marlb. chap. 9.

And over, * 1.232 If the Inheritance, hath more heires, let it be appointed, that he that hath the eldest part, shall only make suit for himselfe, and partakers, and let them contri∣bute,

the same Law is of Joynt-Tenants, Marlb. chap. 9. Fitzh. 162. C.

Where two Coparceners make partition, and one ali∣ens her part to one, and the other he•• part to another, the Lord may distraine which he pleaseth, but if one make the suit, that shall discharge the other, 24 Ed. 3. Tit. Br. 4.

By Tremaile it is said, that suit reall is due by reason of the Body, that is for that, that the Body is resident within the precinct, and not by reason of Free-hold, and this is due at the Courts Royall, as at the Courts of the King or Queen, as at Leets and VVapontakes, which are the Courts of the King or Queen, and suit service is by rea∣son of Free-hold, that is, by reason of their Tenure, that is, for that they hold of their Lord by suit to his Court, 45 Ed. 3. f. 23.

If a man have lands within the Precinct of divers Leets, and be resident within only one, he oweth Suit but to that, and if he be distrained to come to another Leet, he shall have a speciall Writ that he shall not distraine him, and that is by, Marlebridge chap. 10. Fitzh. f. 160. B.

If there be three or foure Coparceners and the eldest makes the Suit, shee shall have a Contributione facienda, * 1.233 a∣gainst the others, to be Contributaries; the same Law is, where one Joynt-Tenant makes the Suit for all by a∣greement, Fitzh. f. 162. C. and 1 H. 4. f. 3. A.

If there be two Coparceners, for which one Suit ought to be made, and the eldest Sister will not make the Suit, then the Lord may distraine the other Coparcener, as well as the eldest; and then she shall have a Writ against the eldest Sister, to compell her to make the Suit, Fitzh. f 159. E.

Fitzh. 159. C. If lands discend to many Coparceners, of which one Suit ought to be made, if the Land be held of the King, then all the Coparceners ought to make the Suit, as well after partition▪ as before, during the time that one is in the Kings Ward: The Signiory is suspended of another Lord, which cannot distraine. And so during the time, cannot distraine for Suit to the Lords Court, 13 H. 7. f. 15. Fitzh. f. 158. C.

Fitzh. 158. Where the Tenant holds his Land to make Suit to the County-Court, or to the Hundred, or other Court-baron, wapontake, or Leet, and he that ought to make

the Suit is in ward to the King, or to his Committee, his Guardian shall have a Writ, De exoneratione Secte, if he be distrained, Fitzh. 157. a.

And if he do, the King or the Committee shall have a Writ of Exoneratione secte, to surcease, Fatzh. 157. A. and 2 Ed. 6. chap. 8. Doth not alter in the common Law in this point for suit to the Court, 4 Ed. 4. f. 23. and see 20 Book Ass. 17. that the Signiory is suspended for the time.

Where one in ward of the King, and oweth suit to a∣nother Lord, which distraines him, the King or his Com∣mittee may have a VVrit of Exoneratione secte, during the time that he is in ward, Fitzh. 158. a.

If the King hath Lands by Forfeiture, or by Escheat, and lets them for life or at will, and the Lord of whom they are held will distraine for suit to his Court, the Lessee shall have a speciall VVrit to surcease, Fitzh. f. 159. A.

If Lands held of the King discends to many Coparce∣ners, then all the Coparceners ought to make the Suit, as well after partition as before, Fitzh. f. 159. C.

If Tenant of the King alien parcell of the Land held of him, yet the King or his Officers may distraine one of the Tenants for all the Rent, for though West. 3. chap. 3. be that the Feoffee shall hold for that part, that the Statute shall not binde the King, but another person cannot di∣straine, but for the rate, Fitzh. f. 335. a.

But I say, if one holds two Acres by suit of Court, and aliens one Acre, the Feostor and Feoffee shall make both suites, 43 Ed. 3. f. 4. b.

If two are severally infeoffed by one Tenant which holds of one Mannor, of the King, every of them shall make suit, 45 Ed. 3. Tit. Barr 211.

Suit by two is not severable, for if the Lord purchase parcell, the whole suit is extinct by Mowbray, 40 Ed. 3. fol. 40. fee Littleton. fol. 49. for suit cannot be apportioned, for that, that there cannot be contribution, for the Lord can∣not, &c.

VVhere one holds forty Acres by Fealty and Rent, and the Lord purchase twenty Acres of that, the Rentin Assise shall be apportioned, 4 Book of Ass. 5.3. Book of Ass. 18. Little∣ton f. 49.

Time of Ed. 1. Tit. Avowrie 226. VVhere ten Acres are held by Fealty and Rent, and these ten Acres come into

severall hands, the Lord may distraine every one but for his portion, by West. 3. chap. 3. for that is, there shall depart from the cheife Lord that part of the service to be taken by the hands of the Feoffee, according to the quantity of the Land.

Rent service shall be according to the value of the land purchased, and not according to the quantity, 18 E. 2. tit. * 1.234 Avowrie 218.

Lord and Tenant, and is seised of two Courts, that is, one in D. and another in S. and the Tenant holds of the Mannor of D. by suite to this Court, and by agreement of the Lord, the Tenant makes his suit to the Mannor of S. as∣ter that the Tenant cannot have, against the form of the Feoffment and disagree, but the Lord may disagree and distraine him to come to his Court of D. againe when he pleaseth, though it be that he hath come to S. by the agreement by forty yeares or more, Nat. Bre. 106. 3 Ed. 3. Tit. Action upon the case 24.

Partition is between two Coparceners of a Mannor, that is, that one shall have the Demesnes, and the other the Services: Suit of Court is suspended, but if one dies with∣out Issue, the suit is revived, 12 H. 4. f. 25.

If land be held by suit, and parcell of that comes to the Lord, the intire suit is extinct and determined, for the Lord cannot make contribution of suit to his own Court, nor take that, 34 Ass. 15. * 1.235

Every Free-man, freely may make an Attorney, to fol∣low his suits for him to his Lords Court, Merton chap. 10. and Fitzh. f. 156. E.

Contra formam Feoffamenti lies, Where a man infeoffs a∣nother before the Statute of (Qua emptores terrarum) to hold of him by Homage, Fealty, and Rent, by Deed, and after he will distraine for suit or other services to be made by him, and none shall have this Writ but the Feoffee, or his heires, Fitzh. 162. E. Nat. Bre. f. 106.

If the Lord confirm the Estate of his Tenant to hold by certaine service, the Tenant shall have a (contra for∣mam Feoffamenti) upon this confirmation, 10 H. 3. tit. avow∣rie 243. & 26 Ed. 3. tit. 246.

Note as it is aforesaid, that suit of Court is not incident to a Tenure, but is due by Formam charte, or by prescrip∣tion, as before the said Statutes, Lords are to distraine e∣very

Tenant to make suit to their Courts, and that suit is called suit service.

If a man seised of two Acres held by one Hauke, makes a Feoffment of one, the Feoffor shall hold by one Hauke, and the Feoffee by another, Littleton fol. so shall it be of suit of Court, Brook Tenure 64.

Tenant in Dower shall not make Suit if the Heire have sufficient land to be distrained, Naturae Brevium fol. 159. B.

Tenant in Fee.

It behooveth, that the Steward shall have knowledge of all manner of Estates, because of making surrenders of Copy∣holders, and also because of their Suits, Wards, Releifs, and Services, for if the Steward do not know the Estates of the Tenants, how can he do Justice. And for that som∣thing ought to be said of Estates, and first of an Estate in Fee.

WHere lands are given to the Abbot of Battell, and his Covent, he hath Fee, for that, that they are a Corporation, and Corporation i•• intended to have continuance, 11 H. 4. fol. 84. Br. Inquire and see in the next case.

Where land is given to Maior and Comonalty of London they have Fee, without more saying, that is, without saying to have to them and their Successors, 11 H. 7. f. 12. Not∣withstanding it seems, that Spirituall Corporation may die in some case.

If I have Common in the Land of an Abbot, and I re∣lease to an Abbot, and not to him and his Successors, the Common is extinct, but not for the life of the Abbot, 26 H. 8. fol. 6.

Where land is given to two, to have and to hold to them and heires, and (Suis) is left out, they have but an Estate for life, and not Fee, 19 H. 6. f. 73. & 20 H. 6. f. 35. the same.

Devise to one for ever, be to him and his Assignes for e∣ver, he hath Fee, 19 H. 6. f. 9

Where a Devise is to one without more, that is, is not said what Estate is for life only, 22. Ed. 3.

Where a Devise is to one and his Heires Males, he hath taile and not Fee, 27 H. 8. f. 32.

If land be given to one, to have and to hold to him and his Heires Males, he hath Fee, Littleton fol. 6. and 9 H. 6. fol. 25.

A man devises his land to one, to give and sell, or to do with that at his will and preasure, he hath Fee without more, 19 H. 8. f. 9 and 7 Ed. 6. Tit. Devise 39.

If a man devise his land to J.S. paying to J.D. a 100 l. J.S. hath Fee, but if be devise to J.S. without more, he hath but for life, and in the first case, if he do not pay that in his life time, yet if his Heires or Executors pay it, that sufficeth, therefore it seemeth payment is not a condition there, 29 H. 8. Tit. Testament 18.

If lands are given to an Abbot or Prior, to have to him and to his heires, yet he hath not an Estate but for life, for that, that his heires cannot inherit; otherwise it is, where land is given to a Bishop, or Parson, and his Heires, for they have Fee, 94 H. 5. f. 9.

If lands be given to B. for life, the remainder to C. in taile, the remainder to the right heires of B. the Fee is ve∣sted in B. if C. dye without Issue in the life of B. as well as if the remainder were given to him and to his right heirs, and the right Heire of B. shall be in by discent, if C. dye without Issue, and not as a Purchasor, 18 Ed. 2. Tit. 109.

If Tenant in Fee bargaine and sell his land by Deed Indent, and inroll within six Moneths to another, though it be not to have to him and his heires, he hath in Fee, 27 H. 8. f. 6. and fol. 10.32 H. 8. Tit. conscience the twenty fifth the same.

If lands be given to J.S. to have to him in Fee simple, yet he hath no Fee but for life, 20 H. 6. fol. 36.

But if land be given to one to have to him and his heires so long as such a Tree growes, hath Fee determina∣ble, 27 H. 6.29. B

If a man lets land to J.S. to have and to hold to him and his heires for tearme of the life of J.D. he hath Fee deter∣minable, for if J.S. dye, living he for whose life, the heire of the Lessee may enter, and not a stranger as Ocupans,

Lit. fol. 136. 8 H. 4. fol. 14. You shall see the same, 21 H. 8. Tit. Estates 50. and inquire.

If a man devises lands to J.S. paying ten pounds to his Executors and dies, J.S. hath Fee by reason of the pay∣ment, without words heires. The same Law is, if one sell his land to J.S. without words heires, he hath Fee, 4 Ed. 6. tit. estates 78.

Lease was made for eleven yeares, and for security of that, made a Writing, that if he were disturbed he should have Fee, and Livery was made, and hath Fee upon di∣sturbance, 10 B. of Ass. 15. 10 Ed. 3. Tit. Ass. 161. the same.

Lease is made to one for twenty yeares, and the Wri∣ting expresseth over, that after the twenty yeares, that the Lessee and his heires shall hold it for ever, paying ten pounds, and Livery is made, he hath Fee forthwith; for if the Lessor takes a VVife within the twenty years and dies, shee shall recover Dower by award of the Court, 31 Ed. 3. tit. Feoffment 119.

If a man lets for nine yeares upon condition, that if the Lessee be disturbed within the tearme, that the Lessee shall have Fee; if the Farmor alien before disturbance, this is disseisin to the Lessor, for the see is not in the les∣see before the condition broken, 43 Book of Ass. 41.

If Lands be granted to one for five yeares, upon con∣dition that if he shall pay to the Grantor within the first two yeares forty Marks, that then he shall have fee, or otherwise but for five yeares, and Livery and Seisin is made, he hath fee forthwith upon condition, Littleton 81. See 14 H. 8. fol. 25. Diversity where the condition is pre∣cedent and where subsequent.

The Lord Lovell let to W. for life, and if the Lessor dyed without Issue of his body, W. should have Fee, the Fee is not forthwith in W. Plowden, fol. 481.

Land is given to the Husband and his Wife in speciall taile, the remainder in Fee to the Husband, which devi∣seth the Fee to his Wife, and dyes without Issue, the Wife is seised in Fee, 27 Book of Ass. 60. Lit. fol. 31. B.

If a Woman be seised in Fee, and deviseth that to her Husband and his heires, and dyes, he hath no Fee, Natura brevium, fol. 88. 3 Ed. 3. Journey to Northampton, 33 Ass. 3. the same, 18 E. 4. fol. 11. B.

18 H. 8. tit Patentees 104. The King gives Land to J.

S. and to his heires males, adjudged that the Grant is void, for that that the King is deceived in his Grant, for this sounds in Fee simple, whereas it is sayd, the King in∣tended but an Estate taile, which is not so expressed: And therefore now he is but Tenant at will; and contra∣ry in the case of a common person: For Littleton, fol. 6. saith, Lands are given to another, to have and to hold to him and his heires Males, or to his heires Females, or to whom the gift is made, hath Fee in a common persons case, for that there is no limitation in the gift, of what body.

6 H. 7. fol. 13. If Office be granted to one for life, and after the King grants that to another, and doth not re∣cite the first Grant, the King is deceived, and it seemes that the second Grant is voyd.

1 H. 7. fol. 13. Where the King of meer motion, for∣gave A B of all his Debts, and was Sheriff, and after in the Exchequer he pleads that as Sheriff, and held for that that it is of his owne motion, and is generall, yet he may plead that, and it is a good Barr: Otherwise it is, where it is by suggestion, for where it is of meer motion, it is in∣tended the King is not deceived; but it seems if the King pardon one all his Debts, he as an Executor shall not take advantage of that: The same Law is, if two be indebted, and the King pardon one, the other shall not take advan∣rage of that, for it was the onely debt of him.

9 H. 7. fol. 2. Where a Grant of the Kings is of his meer motion, and the King recites, that where he hath granted by his Patent, he ratifies and confirmes, and over (We give and grant) this (give and grant) is not, but voyd, for the King is Estopped to say the contrary, but that he granted and ratified that; but if it were, as We are informed, he is not Estopped, and the King there is deceived: And where it is of his meer motion, recyted that he holds for life, he is Estopped to say contrary, but if it were, as We are informed, he is not Estopped, and the King is deceived, and he holds not for life.

3 H. 8. fol. 7. held, VVhere a Grant of the King is not onely of his meere motion, but also of suggestion, there if any part of the suggestion be not true, the whole Grant is voyd.

8 H. 7. fol. 1. VVhere the King upon information of

the party, Grants a Mannor which he hath by forfeiture, and hath not that by forfeiture, it is voyd; for he is de∣ceived: So it is sayd where the King grants reversion, where there is no reversion, he is deceived, and voyd.

27 H. 8. tit. Patents 100. It is sayd for Law, that a false consideration in letters Patents shall not avoyd them; as where the King for ten pounds to him payd, gave such Land, and the ten pounds is not payd, the Patent is not void, and shall not be repealed: Contrary of Patent granted upon false surmise, as to falsifie that the Land came to the King by the attainder of J. S. which is not true, or such like.

26 H. 8. fol. 1. If the King grants Lands to J. S. and recites for good service he hath done, he grants, and it is not true, yet the Grant is good, though the consideration is false.

27 H. 8. fol. 33. by 6 H. 8. fol. 15. Will, That the se∣cond Patent of an Office shall be voyd, where another Patent is made before, during the will of the King: If mention and recytall be not made in the second Patent, of the first Patent made at the will of the King; if the Officer hath Fee it is voyd; otherwise it is if hee have no Fee, as it seemes, 3 H. 7. fol. the last. 6 H. 7. fol. 13. the same.

Where the remainder in Fee depends upon determination of Estate, and where upon Condition, and where upon Con∣tingent.

HUsband and his VVife seised in right of his VVife in taile, the Husband enfeoffs other two, so long as J. S. and seven other persons live together, and if it hap∣pen any of them to dye, that then the remainder to the Husband and his VVife, and to the heires of the VVife, and J.S. dyes, and the Husband and the VVife enter, as they may, for the remainder depends upon determination of Estate, and not upon condition, for death is certaine, and for that the Estate is determined, 18 H. 8. fol. 3.

18 Ed. 3. fol. 2. A Fine was levyed to the Husband and his VVife, and to their heies Males, of their two bo∣dies begotten; so that if the Husband dyed without heire Male, that that should remaine to the right heires of the

Husband, and is received, for that doth not depend upon condition, but upon a limitation upon contingent of death which is certaine.

27 H. 8. fol. 28. A Fine upon grant and render, by which the Conisee grants and renders to the Conisor, the Lands in taile, upon condition that the Conisor and his heires, shall carry the Standard of the Conisee in Bat∣tell, and if the Conisor or his heires faile, that then that shall remaine to a stranger; this depends upon a condi∣tion, and by Fitzherbert, Fine cannot be taken upon a condition, but if it be taken it is good: And by Fitzher∣bert, the Fee is in the stranger forthwith, before the Te∣nant for life dyes, otherwise it takes no effect, for this word (that then it shall remaine) referrs to the possession of the Lands; that is, that then the possession of the Land after the death of the Tenant for life should remaine; but if one let for life upon condition, that if he dye, &c. the remainder to a stranger, that is in him presently.

Plowdens Commentaries, fol. 487. Nichols Case; If a Lease be made upon condition, that if the Lessee pay cer∣taine Moneys within the tearme, that he shall have it in Fee, he hath no fee forthwith, but upon the payment; but it seemes, this varies from the remainder.

If a man makes a Lease for life upon condition, that if the Lessor dye without Issue, that then the Lessee shall have fee, the Lessee enters into Religion, and after the Lessor dyes without Issue, and after the Lessee is drawne out of Religion, he shall not have fee; in so much that at the time of the condition the fee could norvest in him.

21 H. 7. fol. 11. Gift is in taile upon condition, that if he alien in Fee, that his Estate shall cease, and that this shall remaine to a stranger, it is not good; for an E∣state of Inheritance cannot cease, also it cannot remaine without particular Estate, and it cannot be upon a con∣dition repugnant.

Where your Tenant hath the fee in him in expectancy, and not executed in him, and where it is executed in him.

A Lease to the Father for life, the remainder to the eldest Son in taile, the remainder to the right heires of the Father, the Father dyes, and the eldest Son dyes

without Issue, the youngest Son shall pray releife, and the Fee was but in expectancy, 40 Ed. 3. fol. 9.

A gift to three Brothers for life, the remainder to the middlemost in taile, the remainder to the right heires of the elder in Fee; the middlemost and the youngest dye without Issue, the Fee is executed in the eldest, 40 Ed. 3. fol. 20.

Tenant for life, the remainder to J. S. in taile, the remainder to the right heires of the Tenant for life, the Tenant for life is impleaded, and hath ayde of him in remainder, for that that the Fee is in expectancy, 41 Ed. 3. fol. 16.

Lease for life, the remainder in taile, the remainder to the Tenant for life in Fee, yet if he make waste, hee shall be punished in waste, for that he hath the Fee in ex∣pectancy, but not executed, Fitzh. fol. 60. B.

Gift in taile, the remainder to his right heires in Fee, this remainder is not executed, yet it is in him to grant, Perkins, fol. 19. 12 Edw. 3. the same, and 7 H. 5. fol. 2. the same.

Where one hath an Estate in taile, * 1.236 the remainder to his right heires, and is attaint of Felony, he shall forfeit the Fee, but the Issue hath the Estate taile, 12 H. 4. fol. 3. But by the Statute of 5 Ed. 6. chap. 12. and 26 H. 8. chap. 13. One attaint of high Treason against the Queen, the Issue shall not have the Land intailed, 7 H. 8. fol. 48. Fitzh. fol. 30. B.

Tenant in taile.

Land is given to R. and Katharine and to their Heires, and to the other heires of the said R. If the said heires of the said R. and K. Issuing dye without heire of them, it is an Estate taile, 5 H. 5. fol. 6. Perk. fol. 35. a.

LAnd was given to one and to his Heires, if he have Is∣sue of his Body begotten, and if not, that the Land should return, it is an Estate taile, 35 Book of Ass. 14.

Land is given to one to hold to him and his heires, if he have an heire of his own flesh, and if not, it should return, it is an Estate taile, 37 Ass. 15.

Land is given to one, to have to him and the heires of his Body, and to one heire of the said heire only, it is and estate taile for two Discents at least, Plowdens Commen∣fol. 39. Book of Assises 20.

Gift to the Brother and to his Sister, and to the heires of their two Bodies begotten, is an Estate taile, that is se∣verall tailes, 18 Ed. 3. f. 39. and 17 Ed. 3. f. 51.

Land is given to a married man, and to a woman mar∣ried to another man, and to the heires of their Bodies be∣gotten, they have an Estate taile presently, 15 H. 7. fol. 10.

If Lands be given to one, to have and to hold to him, and his Heires. And if it happen that he dy without heire of his Body, then it shall remaine, &c. It is an Estate taile, 5 H. 5. f. 6. and 19 H. 6. f. 75. the same.

Land is given to the Husband, and to his Heires of the Body of Margaret his Wife begotten, though that Marga∣ret were dead at the time of the gift, it is an Estate taile, 12 H. 4. f. 2. Lit. f. 6.

Lands was given to the Husband and his Wife, and to their heires saving the reversion, it is an Estate taile, 9 Ed. 3 Statham.

Lands were given to Maude, late the Wife of John Mandevill and to the heires of the said John which he be∣got of the body of the said Wife, the Wife hath an Estate for life, the Issue an Estate taile, 2 E. 3.7. & 17 E. 2. Tit. Fitzh. 23. Taile 7. & 23.

Where lands were given to one and his Heires, of his body begotten, before the Statute of Westm. 2. he had fee conditionall, and after Issue had, had power to alien, and now by the Statute they have taile, Lit. f. 3.12 Ed. 4. f. 3.19. Ed. 2. Tit. 61. and 18 Book of Ass. 5. the same.

A man gives to the Husband and his Wife for their lives, and the longest liver of them, the remainder to the Heires of their Body, this is a good intaile executed im∣mediately, 35 H. 8. Brook. Estates 75.

Lands are given in frank-marriage, to have to them and to their heires, it is said that they have Fee, but if it were given to them in taile to have to them and their Heires, they have taile and Fee expectant, 45 Ed. 3. fol. 20. and 32 Ed. 1. there Fitzh. Taile 25. it is adjudged taile.

If Lands be given to a man and his Wife in frank-marriage,

to have to him and to his heires, they have taile, for the frank-marrying shall not be defeated by these Words afterwards, 31 Ed 1 Tit 25.

Lands are given in Frank-marriage, the remainder over to a stranger, and for that it cannot be an acquittall, it shall be called speciall intaile, 31 Ed 3 Tit gard 116 and 17 Ed 3 Taile 2.

Gift to one in taile, the remainder to his right heires, he hath taile and Fee expectant, 7 H 5 fol 2.

Lease is made for life, the remainder to another in taile, the remainder to E. Daughter of the Earl of Arundell, in taile, saving the Reversion, and all dye, and E. is heire to the Donor, and hath taile as Purchasor, but shee hath fee expectant, and she shall have aid; but not age if she be within age, for that, that the Fee is but in expectancy, 40 Ed 3 f 13.

24 H. 8. Tit. 33. Tenant in taile hath Issue and aliens with warranty and levies Assets and dies, the Issue cannot recover by Formedon, for the Warranty and Assets is a Barr, and if the Issue alien the Assets, his Issue shall not have Formedon, but his Issue shall have a Formedon, for no Assets discends to him.

35 H. 8. tit. 39. Land is given in taile to the King, and after the King by his Patent lets for yeares, or for life, and hath Issue and dyes, the Patent is voyd, for it is no dis∣continuance, Tit. Discent. 35. for a Grant without livery doth not make discontinuance.

32 H. 8. If Tenant in taile lets for yeares, and dyes without Issue, the Lease is voyd, and hee in remainder may enter.

5 Ed. 4. fol. 2. Tenant in taile shall not have a (Quo Jure) nor (Ne injuste vexes) for they are VVrits of Right.

14 Ed. 4. fol. 6. If one recover in a Writ of Right a∣gainst Tenant in taile, of a Rent, he hath Fee till he be defeated.

The same Law if tenant in tail be disseised, the disseisor hath fee till he be defeated, and so hath the discontinuee.

39 Ed: 3 tit: 18: Tenant in tail of a Lordship, by default of entry within a year after the alienation, of the land in Mortmain, may prejudice him in remainder in tail, and by consequence his issue.

Fitzherbert 224: Tenant in tail shall have a (Quod per∣mittat) Fitzherbert 136: shall have a VVrit of Mesne, Fitz∣herbert 151 O: shall have a VVrit of customes and services in the Debet and Solet, Fitzherbert 134 C, shall not have a VVrit of (Rationabilibus divisis) which is a VVrit of Right.

Fitzh. 10. D. The issue in tail shall not be estopped, by Seisin of more rent in the time of his father, and for that he shall not have a (Ne injuste vexes) but may avoid that in Avowrie.

Fitzh. fol. 9. If Tenant in tail hath Issue two Daughters, and one enters in all, the other shall have a Formedon, and not (Nuper obiit) nor (Rationabili parte.)

Fitzh. 39. If Tenant in fee of an advowson be disturbed, he shall have a Writ of Right of advowson: But Tenant in tail of advowson if he be disturbed, shall have a Quare Im∣pedit, and not a Right of advowson,

Fitzh. 105. S. If Tenant in tail be barred in a Formedon by false verdict, and after releases and dies, his heir shall have Attaint.

Fitzh. 158. L. The Issue in tail shall have Detinue against the Discontinuee for the deed, by which the land was gi∣ven in tail.

Fitzh. 155. If Tenant in tail lose by default, and dies without Issue, he shall not have (quod ei deforceat) but a formedon.

7 H. 4. fol. 48. Tenant in tail before the Statute had fee conditional, and now by the Statute hath tail, and for that shall not forfeit for Treason nor for Felonie, but that the Issue shall inherit; but by the Statute now he shall forfeit for Treason, Nat. bre: fol. 102. If tenant in tail be attaint for Felonie, his Issue shall inherit.

12 H. 4. f. 3. If tenant in tail forfeit his land, his Issue shall inherit, and yet his wife shall not be endowed, by Hank.

Litt. fol. 11. If a man be seised of land, and commits fel∣lonie, and after aliens, and after is attaint, his wife shall have a Writ of Dower against the Feoffee, by Navisor: But if it be escheated to the King or Lord, she shall have no Writ of Dower, see 8 Ed. 3. contrary in the like case Nat. Brevium fol. 101. If tenant in tail commit felony, for which he is attaint, the King shall have escheat for his life.

5 & 6 Ed. 6. cap. 11. VVhere the Husband commits high treason, the VVife shall not be received to demand her Dower.

Perkins fol. 61. If tenant in general tail takes a VVife, and hath Issue by the same VVife, and the Husband is at∣taint of felonie and dies, his VVife shall not be endowed, and yet by the Statute of Westm. 2. cap. 1. the Issue shall in∣herit.

Stamf. fol. 194. By the Common-Law the offender in felonie or treason shall forfeit the title that his VVife shall have by the marriage to be endowed of the land. But by the Statute of 1 Ed. 6. cap. 12. though any person be attaint, convict, or outlawed of any misprision of treason, murther, or felonie, yet their VVives shall be endowed. But by 5 & 6 Ed. 8. cap. 11. it is otherwise of treason, as afore is said, see 5. Eliz. cap. 1. & cap. 11. 18 Eliz. cap. 1. for certain trea∣sons.

19 Ed. 2. tit. 61. Fitzh. Before the Statute of West: 1. after Issue had, tenant in tail hath power to alien, but not before Issue had.

4 Ed. 3. tit. 22. Fitzh. Land given in special tail, to have to them in fee, and if they die without Issue of their body, that the land shall revert, &c. this is adjudged a special in∣tail.

24 Ed. 3. tit. 4. Fitzh. If lands be given to two Husbands and their VVives, and to the heirs of their bodies begotten, it is held clearly that this is a several intail, that their Issues shall have several actions.

Littleton fol. 52. If lands be given to two men, and to their heirs of their two bodies begotten, the Donees have joynt estate for their two lives, and yet have several inheritances, that the Issue of one shall have one half, and the Issue of the other the other half, 8 book of Assise 33 the same.

30 book of Assise 9: by Shard, If the Ancestor at one time was seised of an estate tail, and after purchaseth in fee, and after charges the land and dies, and his issue enters, he shall hold it discharged.

18 Ed: 2 tit: 856. Lands given to one, and the heirs of his body to be begotten, is a good intail, and the issue before as after shall inherit.

4 Ed: 2 tit: 22: Lands given to the Husband and his VVife, and to the heirs of their bodies, to have to them and their heirs, and if they die without heirs of their body, that the land shall revert, and adjudged a special intail.

2 Ed. 4. fol. 6. Land is given in tail to be held of the

cheif Lords, it is a void (Tenendum) and shall hold of the Giver, 3 book of Assise 8. 4 H. 6. fol. 19.

27 H. 8. f. 31. If Tenant of the King makes a gift in tail without license, the King may choose the giver or the to whom it is given for his Tenant; but if he take the ward of one, he shall not have the other.

5 H. 4. f. 3. Where lands was given to Eme, to have to the said Eme, and the heirs of the body of Iohn, late her Husband, the remainder to the right heirs of Eme, and for that the heirs of John were not named before the haben∣dum, he hath nothing, but Eme hath an intail, &c.

12. H. 4. f. 2. Where lands was given to J.M. and to the heirs of the body of Eliz. late his Wife begotten, and though Eliz. was dead at the time of the gift, yet this is a good intail that W. the issue of J.M. of the body of Eliz. shall inherit.

Littleton 6. If a man have issue a Son and dies, and land is given to the Son, and to the heirs of the body of his Fa∣ther begotten, this is a good intail, and yet the Father was dead at the time of the Gift.

What Acts by Tenant in tail, shall bind his issue and others, and what not.

TEnant in tail, the reversion to the King, * 1.237 makes a feoff∣ment and dies, his issue enters, and is Tenant in tail, for he cannot discontinue: And 34. H. 8. chap. 20. If he suf∣fer common Recovery, or Voucher, where the reversion is in the King, this shall not bind the issue, 40. Ass. 36.

Fine levied by tenant in tail in possession, reversion, * 1.238 remainder, or in use, of full age, with Proclamation ac∣cording to the Statute of 4. H. 7. chap. 12. immediately af∣ter the Fine levied and Ingrossed, and Proclamations made, shall be a Barr against the Tenant in tail, and also against his heirs claiming the tail. But if Tenant in tail, the reversion in the King, levie such a fine, * 1.239 this is in such force and effect, as it was before the making of this Statute, and not otherwise, 32 H. 8. chap. 36. See 30 H. 8. tit. Barr the 97. Assurance 6.

Tenant in tail is bound in a recognisance, and execu∣tion is sued by Elegit, and this land intailed, is delivered in execution, and the Tenant in tail dies, after that his issue

may enter, notwithstanding this Act, without suing Audi∣ta querela, 38 book of Assisse 5.

Tenant in tail grants a rent charge and dies, the issue enters and enfeoffes I. S. and takes back an estate, the charge is determined, for by the entry of the issue, the rent was extinct, notwithstanding execution upon the Statute was executed against the Feoffee of the Tenant in tail, and not against his issue, 14 Book of Assises 4. Inquire and see the case of Trapps, Plow. Com. f. 436.

5 H. 7. f. 12. Rent charge is granted by Tenant in tail, and after he dies, this is determined.

If issue in tail be outlawed of felony, in the life time of his father, and hath a Charter of pardon in the life time of his father, and after the father dies, the issue may enter, otherwise it is if the Charter were granted after the death of the father, for then if he enter, the King shall seise for his life, but his issue may enter, 29 Book of Assises 60.

If Tenant in tail be bound in a Statute Merchant, and hath issue and dies, and execution is sued against the issue, this is disseisin to him, 17 book of Assise 21.

If Tenant in tail grant a Rent charge and dies, the Rent is determined, and shall not bind the issue, 5 H. 7. f. 14. B.

38 Ed. 3. tit. 13. Tenant in tail chargeth the land, en∣ters into a Statute or Recognizance and dies, it shall be void against the issue.

If one recover against the Tenant in tail, and the Te∣nant in tail dies before he which recovers enters, or hath execution, the issue in tail may enter, and is not bound by that, 7 H. 4. f. 17. B. Littleton f. 155.

Tenant in tail of a reversion, acknowledgeth that by fine to one with warranty, and dies, yet this shall not bind his issue, for it is no discontinuance by the Common-Law, 9 Ed. 4. f. 19. But by 32 H. 8. chap. 36. this fine with Pro∣clamation is now a barr after the year.

Tenant in taile of Rent, grants that to one with war∣ranty, and dies, this shall not binde the Issue, for it is no discontinuance, but at pleasure, that is, if he bring a For∣medon, and then warranty with Assets is a Barr, 15 Ed. 4. fol. 6. 21 H. 7. fol. 10. and 13 H. 7. fol. 10. the same.

If the Tenant in taile exchange, or devise his land in taile and dies, this shall not binde the Issue, but that he

may enter, for it is no discontinuance, 9 Ed. 4. fol. 22.

Tenant in taile grants a Rent charge, for release of right in the Land, this shall binde his Issue after his death, 44 Ed. 3. f. 22. 8 H. 6.23.

If Tenant in taile be attaint of Felony and dies, that shall not bind the Issue, but that he may enter by the com∣mon Law, 12 H. 4. f. 3. Nat. Bre. f. 102. the same.

Tenant in taile of full age, lets for 21. yeares according to the Statute of, 32 H. 8. chap. 28. reserving the ancient Rent or more and dies, this is a good Lease, and shall binde the Issue.

If Tenant in taile let for 22. yeares and dies, this shall not binde his Issue, but he may enter and our the Lessee, but yet he may have covenant against the Excutors of Te∣nant in ta••le, though it were not warranted in the Inden∣ture, 48 Ed. 3. fol. 2. 18 Ed. 3. Tit. 13. the same

If the father Tenant in taile of land suffers recovery, and execution and dies, or cause collaterall warranty to he made, one or other shall binde the Issue untill, &c. for it is discontinuance, 3 H. 7. f. 13.

The Issue in taile in Formedon may falsifie a recovery, by default had against his Father, and also where it is by fained action, as there was a release made to his Father not pleaded, and so recovery joynt, Littleton fol. 155

The Issue in taile is not bound by a recovery against his Father but that he may say that his Father discontinu∣ed, and took another intaile, and so was seised of another intaile, then he demanded time of the recovery, 12 Ed. 4. fol. 15. and 13 Ed. 4. f. 1. the same.

The Issue in taile is not bound by recovery against his Father, if his Father were not Tenant, but one J.S. 14 Ed. 4. fol. 2. and fee Plowd. Com. fol. 1. the case of Man∣sell.

If Tenant in tail infeoffs one against whom a (Precipe quod reddat) is brought, or (an entry in the Post) and he vou∣cheth the Tenant in taile which made the Feoffment, and he over the common Vouchee, this double Voucher is the most sure conveyance to Barr the Issue, by reason of the recompence in value, and this is the common conveyance at this Day, where there is an Estate taile, and this barrs the Issue in taile forthwith, and also is a Barr to him, which hath over that in remainder in taile, by reason of the re∣compence,

which the first Tenant in taile hath by his Vou∣cher, 13 Ed. 4. f. 1. and 27 H. 8. Tit. Recovery in value 28.

Recovery upon Voucher against Tenant in taile is a Barr, by reason of the recompence in value, and recovery by Writ of Entry, in the Post, by single Voucher, doth but give the Estate which the Tenant in taile hath in pos∣session, at the time of the recovery, so that if he were in of another Estate then in taile, there the taile is not bound against the Heire, 23 H. 8. Tit. 32.

Note that a Fine levied by Tenant in taile, where the remainder is to another in taile with Proclamations, if he dye without Issue, he in remainder hath five yeares to make his claime, and for that recovery is better for it is a Barr forthwith, 30 H. 8. Tit. Recovery in value 30.

Of Lands in taile, the Issue in taile shall be bound, and charged of these Lands to the payment of Debt which his Ancestor ought by obligation made to the King, as I take it, 33 H. 8. chap. 39. inquire.

Land that a woman holds in Dower of her Husbands, shall be charged where the Husband was indebted to the King, if the Heires or Executors have not sufficient, but where the title of Dower was before the Debt to the King, otherwise it is, Fitzh. fol. 150. Q.

It seems that the Heire in taile, shall be charged for Debt due in the Exchequer to the King, by his Father, if the Executors have not sufficient, Fitzh. fol. 117. C.

Notwithstanding, if Tenant in taile Debtor of the King in the Exchequer, dy, his Issue shall not be charged, as it is held in Plowd. Comment. fol. 249. See there, 440. For Debt of the King against the Heire in Fee, 32 H. 8. Tit. Discont. 32. Recovery against the Tenant in taile, the Re∣version or remainder in the King in Fee, shall binde the Tenant in taile, and the Issue in taile, but shall not binde the King, but now by the Statute of, 35 H. 8. chap. 20. It shall not binde the Issue in taile but that he may enter, see M. 33. H. 8. Tit. 31. Recovery in value. Seek if the Statute of, 34. & 35. H. 8. Provides for any Issues in taile, but on∣ly the Issues of the Donees of the King, for the Preamble speakes only of those, but the Statute is, whereof the re∣version or remainder, is in the King, and for that it seems every Issue in taile, where the Reversion or remainder is in the King may enter, but a Fine with Proclamation,

by such Tenant in taile, the Reversion or remainder in the King, seemes is not remedied by this Statute, but by, 32 Hen. 8. chap. 36. Where Reversion is in the King, is no discontinuance, for though the Heire in taile shall be barred by Fine with Proclamation, after Procla∣mation made, yet there is an exception in the Ststute, of those whereof Reversion or remainder is in the King, so that it shall not binde such Issue in taile, title assurance, 6. see, 4 H. 7. chap. 24.

37 H••••. Where Tenant in taile is attaint of Treason before the Statute of 26 H. 8. His Son shall have the land, for he doth not claime only as Heire but by the Statute, and by the form of the gift, see the Statute of 5 and 6. Ed. 6. chap. 11. That for high Treason Tenant in taile shall forfeit his Lands, Com. f. 237.

27 H. 8. f. 6. If Tenant in taile sell Trees and dies, and after he that hath bought them cuts them, trespasse lies, but if they be cut in his life time, it seems the Buyer may take them.

18 Ed. 3. Tit. Disseisin 92 Where Tenant in taile is bound in a Statute and dies, and his Issue enters, and the Conisee outs him by execution, which is an act of Law, he is a Dis∣seisor.

Plowd. Com. f. 235. before the Statute of Westm. 2. he had but an Estate of Inheritance and that was Fee, but this was in two manners absolute and conditionall, and Formedon in Reverter was at the common Law, and Formedon in Re∣mainder by the Statute.

1 H. 4. f. 6. If Tenant in taile by Estoppel, or livery suing, holds of the King and dies, his Issue shall not be Estop∣ped.

43 Ed. 3. f. 14. Presentment to an Advowson in the life of the Tenant in taile, puts him during his life out of pos∣session, but not his Issue.

38 Ass. 5. Tenant in taile is bound in Recognisance, and Execution is sued by Elegit and this Land delivered in ex∣ecution, and after the Tenant in taile dies, his Issue may enter without suing, Audila querela.

17 Ass. 21. If Tenant in taile be bound in a Statute, and hath Issue and dies, and after execution is sued against the Issue, this is disseisin to him and he shall have Assise though he comes in by processe by Law.

14 Ass. 3. It seems if Tenant in taile be bound in a Statute and dies, and after his Issue infeoffs J.S. that the Conisee may have Execution against the Feoffee.

35 H. 8. fol. 38. If the King gives in taile by his Letters Patents, and after the Donee surrenders the Letters Pa∣tents to the King, the taile by this is not extinct.

38 H. 8. Tit. 39. Land is given in taile to the King, he is Tenant in taile and cannot have greater Estate then the giver will depart to him, and if the King let for yeares or for life, or make a Feoffment in fee, and hath Issue ••nd dies, the Issue may enter, for this is no discontinuance.

Tenant in Frank-marriage.

GIft was to the Husband and his Wife in Frank-marri∣age, and this may be as well after the marriage as be∣fore, 4 Ed. 3. Title Taile 6. Perkins fol. 48. C.

If a gift be made with a woman in Franke-marriage, which is not Cozen to the giver, this is but for life. Old Tenures.

Gift in frank-marriage with the Son of the giver, his Cozen is no frank-marriage. Time of H. 8. Tit. 10. but Fitz f. 172. H. and 7 E. 4. f. 12. A. by Moile in the Prior of Spaldings case, seems contrary.

Gift in frank-marriage, (within the yeares of Marriage) with a Daughter, and they were divorced at full age, at the Suit of the Husband, yet the Daughter shall have all, for she was the cause of the gift, 19 Book of Assise 2. 19 Ed. 3. Title Assise 83.

If a gift be to the Husband and his VVife in taile, and they are divorced, it seemes that they have not now but a freehold, and though that they have Issue before the Divorce, that shall not inherite: But if a gift in tayle be made to two men, or to one man and his Mother, or Daughter, and to the heires of their bodies, their severall heires of their bodies shall inherite, for that that they cannot marry, 7 H. 4. fol. 16. and 17 Ed. 3. fol. 51. and Title tayle the 15. This is where the Divorce defeats the marriage from the beginning.

Gift in Frank-marriage, rendring twenty shillings rent, this reservation is void, 4 H. 6. fol. 22. by Martin: But

the old Tenure is contrary, tit. Frank-marriage, and 17 Ed. 3. fol. 66. also contrary.

If a gift be in Frank-marriage with his Cozen, ren∣dring Rent, this is Intaile, and not Frank-marriage, and if a gift be with a Woman in Frank-marriage which is no Cozen to the giver, this is but for life: See before, the 45 Ed. 3. fol. 20.

If a man give in Frank-marriage, rendring Rent, the reservation is voyd, till the fourth degree be past, 26 Book of Ass. 66.

Land was given to a man and his Wife in Frank-mar∣riage, to have and to hold to the Husband and his heires, and adjudged they have taile, and not Fee, for the frank-marriage shall not be defeated by words afterwards, 32 Ed. 1. tit. Taile 25.

Reversion was given with his Daughter to one in Frank-marriage, and is good, 26 Ed. 3. tit. 27. Taile.

Gift is made with Agnes his Daughter to A. in Frank-marriage, and after A. marries Agnes and dyes, and hee gives another Acre with Agnes to B. her second Husband in Frank-marriage, and both are Frank-marriage, 31 Ed. 1. tit. Taile 30.

Gift in Frank-marriage, the remainder to J. D. in fee, is not good, for there cannot be an acquittall, where re∣mainder is given over: Time of H. 8. tit. 11.

19 Ed. 3. tit. 1. If Lands be given in Frank-marriage (to have) for their lives, the (To have) shall not a∣bridge, but inlarge the Estate, and for that is is Frank-marriage.

2 E. 3. tit. 94. One gives Land to A. with Alice his Daughter in Frank-marriage, to have and to hold to the aforesayd A. and his heires, and it seemes Frank-mar∣riage.

13 Ed. 1. tit. Formedon 63. I. gave R. and Alice his Daughter, Lands in Frank-marriage, to have to the a∣foresaid R. and Alice and their heires, or to whom he will assigne it, and the sayd R. did beget no heire of the sayd Alice, nor the sayd R. and A. did not assigne it to any in their life time, and it seemes that after the death of R. and A. without Issue, the Land ought to revert to J. See 45 Ed. 1. fol. 20.

Tenant after possibility of Issue extinct

TEnant after possibility of Issue extinct, shall not have ayd of him in reversion, but he in remainder shall be received upon his default, 2 H. 4. fol. 17. 7 H. 4. f. 10 & 11 H. 4. fol. 14. the same.

Time of Ed. 1. Fitzh. wast 125. shall not be punished in wast. Nor shall be compelled to attorn in a (Quid juris clamat) 46 Ed. 3.25. 39 Ed. 3. the same, and 12 Ed. 4. fol. 3. the same.

If he alien, he in reversion may enter for forfeiture, 45 Ed. 3.25. 11. H. 4. f. 14. the same, 10 H. 6. f. 1 and 39 Ed. 3. f. 20.

Tenant after possibility of Issue extinct shall not have wast, 2 H. 4. f. 21. wast doth not lie against Tenant after possibility of Issue extinct, 45 Ed. 3. f. 25.

He shall not have aid, but if he alien, he in reversion may enter for forfeiture, 10 H. 6. f. 1. 39 Ed. 3. f. 20. Lit. f. 7. and 11 H. 4. f. 14. the same.

39 Ed. 3. tit. 17. Taile, Tenant after possibility of Issue ex∣tinct which is impleaded, shall not have aid of him in re∣version, but if he alien in Fee, he in reversion may enter, and shall not be compellable to attorn, nor wast lies against him, but if he makes default after default, he in reveresion may be received.

Tenant by the Curtesie.

IF a married woman be Tenant after possibility of Issue extinct, and the Fee discends from her Ancestor, and she dies, it is held that the Husband shall be Tenant by the curtesie, 9 Ed. 4. f. 19. and 14 Ed. 3. f. 7.

Husband discontinues Lands of his Wife, and takes an Estate again to them in fee, and hath Issue, and the Wife dies, then the Husband shall not be Tenant by the curtesie, 9 H. 7. f. 1.

If a man have Issue by his Wife Inheritrix, though she had Issue a Daughter before she inherited, yet he shall be Tenant by the curtesie, 21 H. 3. Title Dower 198.

If a woman Signioresse take her Tenant to Husband, and hath Issue, and dies, the Husband shall not be Tenant by the curtesie of Services, 1 Ed. 3. Tit. Dower 70.

A man shall not be Tenant by the curtesie, unlesse his VVife have possession in Deed of it, but of an Advowson and Rent, where she dyed before day of payment, he shall be Tenant by the curtesie, 21. Ed. 3. fol. 49. the same.

If the Issue be born living, notwithstanding that he dies before he be heard cry, the Husband shall be Tenant by the curtesie, for the Issue shall not be taken, if the Infant were heard cry after he was born, but if he were born alive or not, Perkins f. 89.

A man seised of Land in fee, is attaint of felony, his Wife shall loose Dower, but if the VVife seised in fee be attaint of felony, and hath Issue by her Husband, and she is hanged, yet the Husband shal be Tenanr by the curtefie, 21 Ed. 3. f. 49.

A man takes a VVife seised in fee, and hath Issue, he commits felony for which he is attaint, the King pardons him, it seems he shall not be Tenant by the curtesie, by rea∣son of the Issue which he had before his attainder, but if he had Issue after his pardon, it is otherwise, 13 H. 7. fol. 17.

If a man takes a VVife seised in fee, and she is attaint of Felony and hanged, the King shall have the Land forth∣with, if the Husband were not intitled to be Tenant by the curtesie, 11 H. 4. f. 19. b.

Daughter and Heire endows her Mother, and after takes a Husband, and hath Issue and dies, the Mother after dies, the Husband shall not be Tenant but by the curtesie of that, 8 Book of Affises 6.

3 H. 7. f. 5. If Rent discends to a Daughter which takes a Husband, and she dyes before the day of payment, the Husband shall be Tenant hy the curtesie.

Fitzh. f. 149. D. A man shall not be Tenant by the curte∣sie of Land of the VVife, unlesse the VVife have possession in Deed of that Land, if it be not in a special case, as of Ad∣vowson or Rent, where she dies before the day of pay∣ment of the Rent.

Tenant in dower.

THE Wife after the death of her Husband shall remain in the cheife House by forty daies after the death of her Husband, within which daies her Dower shall be as∣signed unto her, unlesse before it were assigned, and there shall be also assigned unto her, the third part of all the Land of her Husband which was his in his life time, Magna Charta chap. 7.

Of Widowes which cannot have their Dowers without Suit, that is, that whosoever shall deforce them of their Dowries of the Tenements of which their Husbands died seised, and afterwards the same Widowes by Suit recover them, they shall give unto the said Widowes all their dammages according to the value of the whole Dowrie, due unto them from the time of the death of their Hus∣bands, Merton chap. 1.

If a Woman of her own accord leave her Husband and departeth, and liveth with an Adulterer, she shall for ever loose her action of recovering her Dower which was due unto her of her Husbands Tenements, and be of that con∣victed, unlesse her Husband of his own accord, and with∣out cohersion of the Church shall receive her, and suffer her to dwell with him, West. 2. chap. 34.

If the Hnsband be attaint, convict, or out-Lawed of Fe∣lony, yet his Wife shall be indowed, but if the Husband be attaint of Treason, his Wife shall not be indowed, by 1 Ed. 6. chap: 12: 5 Ed. 6. chap. 11.

Where a woman shall beindowed, and where not

WHere the Husband Tenant of the King dies, and his Wife is committed to the King, during that time she shall not have Dower, if she be not surprised of Dower, 2 H. 4. f. 7. & 6 H. 4. f. 7.

It seems if a woman takes a lease by Indenture for years, that during this lease she is not Dowable; but if she take the Lessor to Husband, and after he dies, she is Dowable notwithstanding the lease, 6 H. 4. fol. 7. Fitzh. 149. E. the same.

Dower shall not be, where the Husband dies having the reversion of a Free-hold, that is of a reversion of an E∣state for life, as a man lets for life, and afterwards takes a Wife and dies, 2 H. 4. f. 27. 1 Ed. 6. tit. Dower 89. 7 H. 6. f. 9. by June.

Fitzh. 149. C. A woman may be endowed of a mine of Coals, but she cannot make new mines, for that shall be said wast.

Where the Estate is made to the Husband for life, the remainder to another for life, the remainder to the Hus∣band in fee, the Husband dies, his Wife shall not have Dower, unless that the Husband survive him in remainder for life, 46 Ed. 3. f. 16. B. by Finchden.

If a lease be made of lands for years to A. the remainder to B. for life, the remainder to the right heirs of B. and af∣ter B. takes a wife and dies, during the term of years, his Wife shall recover Dower: But execution shall cease, du∣ring the term of years, Perkins fol. 67. A. 1 Ed. 6. tit. 89.

VVhere a woman is endowed of land which her Hus∣band took in Exchange, she shall not be endowed of the land given in Exchange, 31 Ed. 2. tit. Dower 204. & 17 Ed. 2. tit. Dower 162. the same.

VVhere the Husband holds joyntly with one, and no partition made, his wife shall not be endowed, 8 Ed. 2. tit. 167. Littleton f. 9. the same.

VVhere the Husband enters in Religion, the heir shall inherit, and yet his wife shall not be endowed; for the wife may have him again out of Religion, 32 Ed. 1. tit. 136. Perkins f. 91. D. the same.

If the Husband be Tenant in common with two others in Fee, and dies, now his wife shall be endowed, but not by metes and bounds, Eitzberbert fol. 149. I: Littleton fol. 9. the same.

If a villain takes a wife, and purchaseth land, and after the Lord enters, and then the villain dies, the wife shall be endowed, 19 Ed. 2. f. 71.

A woman of eight years three quarters, at the death of her husband shall have no Dower, Littl. 8. 12 Ed. 2. tit. 159. the same.

A woman of the age of ten years at the death of her Husband shall be endowed, 12 R. 2. tit. 54. & 8 R. 2. tit. 122. the same.

VVhere the Husband hath an Office eo keep a Park, to him and to his heirs, his wife shall be endowed of that, Pl. Com. f. 379.

If the Lord enter for Mortmayn, yet the wife of the Tenant shall have Dower, Perk. f. 76. A. The same Law, if the Lord recover against the Husband in Cessavit. the Wife of the Tenant shall be endowed, 34 book of Assise 15. where the Husband dies without heir, and the land es∣cheats, the wife shall be endowed.

Tenant by the Curtesie surrenders to the Husband in reversion, upon condition, and enters for the condition, the wife of him in reversion shall not be endowed, 14. Ed: 4. f. 6.

VVhere a man enfeoffs one upon condition, to re-enfe∣off the feoffer again, it behoveth that be made to a man un∣married, or to a Chaplain that hath no wife; for if it be to a man which hath a wife, she shall be endowed, 38. H. 8. tit. Assurance 3.28 Book of Ass. 4. the same.

Lands is mortgaged to the Husband, and after the con∣dition broken, the Husband by agreement takes his mo∣ney and dies, his wife shall be endowed, 42 Ed. 3. fol. 1.

A woman hath title of Dower, and enters upon the heir, and enfeoffs him by Deed, she hath given him her title of Dower included, and is not now Dowable of that land, 11 H. 7. f. 20.

The husband Tenant in general tail, makes a feoffment, and takes back a special tail, and his first wife dies, and he takes another wife and he dies, and his issue enters, this second wife shall not be endowed, for the heir was remit∣ted, 41 Ed. 3. f. 30. & 46 Ed. 3. f. 24. the same.

VVhere land is given to the husband, and his wife in special tail, the remainder to another in tail, the remain∣der to the right heirs of the husband, and the wife dies, and the husband takes another wife, and dies living him in remainder, the second wife shall not be endowed of that land, 46 Ed. 3. f. 16.

Land is given to the husband and K. his wife in speci∣al tail, the remainder to the husband in general tail, and K. dies without issue, and the husband takes another wife and dies, this second wife shall be endowed, 50 Ed. 3. fol. 4.

Where the husband and his wife have special tail, the

second wise shall not be thereof endowed, 22 Ed. 3. fol. 9. B. Littleton 11. the same.

Where land is given to the husband and his heirs which he begets of the body of Margaret his wife, which was dead at the time, and he takes Eliz. and dies, this second wife shall not be endowed, 12 H. 4. f. 2.

If a woman go away with an Adulterer, into some land of her husbands, and be not reconciled, yet she shall not lose Dower: otherwise it is if she were out of the lands of her husband, 8 R. 2. tit. 253.

If a woman go away and dwell with an Adulterer, she shall not have Dower: But if she were carried away, a∣gainst her will, and was carried 20 miles, and returns, and her husband dies, she shall have Dower, 43. Ed. 3. fol. 19.

47. Ed. 3. fol. 13. VVhere a recovery is by default, or a reddition against the husband without title, the wife shall have Dower.

46 Ed. 3. fol. 23. VVhere a recovery is against the husband, the wife is barred of Dower: But if the reco∣very were by default, it is remedied by the Statute, and where by render, is aided by the Common-Law, and o∣ther recovery is not remedied.

Against whom Dower may be brought, and what Assignement is good, and what not.

WHere a Guardian in Socage endowes a Wife, it seemes it is disseisin, for a Writ of Dower doth not lye against a Guardian in Socage, but against a Guar∣dian by Knights service it lyeth, 29 Book of Ass. 68.

Assignement of Dower by the Disseisor is good, if it be not by Covin of the wife: The same Law is by Abator, or Intruder, Perk. fol. 76.

Assignement of Dower by the Tenant of the Free∣hold, is good, and ought to be by him 12 Ed. 3. tit. 86. Perkins 78. the same.

Guardian in Socage cannot assigne Dower, but Guar∣dian by Knight service may, 3 Ed. 3. tit. 108. Perkins, fol. 78 G.

It appeares that Guardian by Knights service may as∣signe Dower, Fitzh. fol. 148 A.

Where the Husband was seised of diverse Tenements and Manners, and the Sheriff assignes the VVife, which recovers one Mannor, and a whole Advowson, it is good, for it is an infinite work to assigne part of every Acre, 12 E. 4. fol. 2.

If the Husband hath three Mannors, and during the marriage charges them with a Rent and dyes, if the wife take the third part of every Mannor, she shall hold it dis∣charged, but if she take one Manner onely, she shall hold two parts charged, 17 Ed. 2 tit. 164.

It seemes it is good barr in Assignement, that her Hus∣band before the marriage granted by Deed to her a Rent in the name of Dower, to which she agreed after his death, 20 Ed. 4 fol. 3 in Dower, but inquire.

Rent assigned out of Land of which she is dowable with∣out Deed, is good, but out of other Land, it is not, 33 H. 6. fol. 2 B.

Assignement of Rent out of the same Land, of which she is Dowable, is good barr in Dower, if shee agree, 7 H. 6 fol. 36. Perkins fol. 76 D. the same.

If a woman recover in a VVrit of Dower, shee cannot enter without Assignement, but in other Precipe, if one recover, he may enter, but here it shall be assigned to her by the Sheriff, by metes and bounds, 40 E. 3. fol. 22.

Where the Woman recovers damage, and where the Tenant may say, he is yet ready to excuse him of damages, if it be in Copy-hold, and otherwise.

A VVoman shall recover damages where the Husband dyed seised, if the Tenant do not come in the first day ready to render Dower, Nat: Bre: fol. 7.

If the Tenant come at the first day, and saith, that he was alwaies ready, the Plaintiffe may averr, that she hath demanded Dower, and she cannot have it, 2 H. 4. fol. 8. and this found, she shall recover damages.

At the Summons returned, the Tenant comes, and saith that he was alwaies ready to render Dower, and yet is, for the Plaintiff to say that he was not ready alwaies, is no Plea, but by Thirne she ought to shew that her Husband died seised, and she demanded in the Country, and you refused, but by Hank, the bringing of the Writ is a demand

in Law, but he agreed, that she ought to aver, the dying seised of her Husband, if she will recover dammages, 6 H. 4. f. 5.

Dower, the Tenant saith that he was alwaies ready and yet is, and the Demandant avers that her Husband died seised, and saith that he was not ready, and for that this is no Issue, but she shall say that she demanded, inquest of Office was awarded, which findes he died seised, and the Wife shall recover dammages from the time of his death, but where the Tenant was ready, though that the Hus∣band died seised, the wife shall not recover dammages, 11 H. 4. f. 39. & 6 H. 4. f. 5.

Dower, the Tenant saith that he hath been alwaies rea∣dy to render Dower, and yet is, the Plaintiff saith that her Husband died seised. And she required the Defendant at D. and he refused, and the Issue shall not be, that he did not refuse generally, but he offered, and she refused, with∣out that that he refused, 13 Ed. 4. f. 7.

Dower, the Tenant acknowledgeth the action, and the Demandant to have dammages surmiseth, that her Hus∣band died seised, and hath a Writ to inquire of dammages, and held that if the Tenant come at the first day, and will aver that he was ready, and yet is, if the demandant can∣not aver the contrary, the Demandant shall not recover dammages, 14 H. 8. f. 28.

If the Tenant be effoyned, yet he may say yet ready, for the Essoyne may be put in by a stranger, 7 H. 7. f. 7. & f. the last. the same, 2 Ed. 4. f. 20, and 14 H. 6. fol. 4. The same.

Dower after imparlance, the Tenant cannot say that he was alwaies ready, and yet is, 5 Ed. 4. f. 141.

Tenant for Life.

A Man devise all his Goods to his Wife, and would that his Son should have his House after the death of his Wife, notwithstanding that it is not devised to the Wife, she shall have that for her life, 13 H. 7. fol. 17.

Lease to a Woman as long as she lives unmarried, or as long as she behaves her self well, it is for life conditionall, 37 H. 6. fol. 28.

Land is given to one to have and to hold, so that he paies to the Grantor for his Life 10 l. this is an estate for life, 3 Book of Ass. 9.

An Estate to one till he hath levied ten pounds, he hath that for life till, &c. 21 Book of Assise. 18.

If I let to W.N. to hold till a hundred pound be paid, and without making Livery and Seisin, he hath an Estate but at will, and if there be Livery, it is for life upon condition, to cease the hundred pound levied, 2 Mar. Brook Lease 67.

And so in the three cases next, it is to be intended Li∣very to be made.

J.S. Tenant for life aliens to B. to have to him and to his Heires for the life of J.S. B. hath an Estate but for the life of J.S. 24 H. 8 Tit. Forfeiture 87.

If Lands be given to a man and his Wife and to the Heires of their two Bodies begotten, and they are divor∣ced, now they have but an Estate for their lives, 7, H. 4. f. 18.

If I grant Rent to you without more, you shall have that for life, 7 Book of Ass. 1.

If a devise be to one without more, he hath an Estate for life, 22 Ed. 3. f. 16.

Tenant for yeares.

What Act determines a Lease for yeares, and who shall have the Corne, what is a good Lease for yeares, and what not.

THE Husband seised in right of his Wife, lets for se∣ven yeares and dies, the Wife may enter, but if the Termor had sowed the Land in the life time of the Hus∣band, the Termor shall have the Corn, 7 Book of Assises 19.

If the Lord enter upon a Copy-holder for Forfeiture, and the Land be sowed, the Lord shall have the Corn, 42 Ed. 3. f. 25

The Husband and the Wife lets the Land of the Wife for twenty yeares rendring Rent, and the Husband dies, the Wife accepts the Rent, it is a good Lease, and was

not void, 3 H. 6. fol. 2.2 H. 6. fol. the same, and 21 H. 6.24.

If a Parson or a Prebendary let for yeares, rendring Rent and dies, though that the Successors accept the Rent, the Lease is not good, 32 H. 8. tit. acceptance 14.32 H. 8. Tit. Dean and Chapter 20.24 H. 8. tit. B. 19.38 H. 8. Lease 18.

22 H. 8. tit. Ancestor 14. If Tenant in Dower lets for yeares, rendring Rent and dies, the Lease is void, and acceptance by the heire of the Rent will not make the Lease good, for it was void before, 9 E. 4. f. 37. by Nedham, If I let Land for yeares in which is a Mine, I cannot en∣ter and take that, nor Trees, but I shall be punished.

The Bishop lets for yeares, rendring Rent and dies, and the Successor accepts the Rent, this makes the Lease good, for the Bishop hath Fee and may have a Writ, of Right, 2 Ed. 6. tit. acceptance. 20.

The same Law is, where an Abbot lets for yeares, ren∣dring Rent and dies, the Successor accepts the Rent, the Lease is good, 21 Ed. 4. f. 5. B.

Where Tenant in taile lets for 21. yeares and dies, and the Issue in taile outs the Lessee, as he may, and doth not accept the Rent, the Lessee may have covenant against the Executor of the Lessor, and recover dammages though it be not warranted, 48 Ed. 3. f. 2.

A Lease by Tenant in taile for 21. yeares, made accor∣ding to the Statute, rendring ancient Rent, or more; though Tenant in taile dye, this is a good Lease against the Issue, but if Tenant in taile dy without Issue, the Donor may avoid this Lease by entry, 32 H. 8. chap. 28.

Tenant in taile the remainder over, lets for yeares rendring Rent, and dies without Issue, and he in the re∣mainder accepts the Rent, this shall not binde him, inso∣much that when the intaile is determined, the Lease is determined and void, 1 Ed. 6. tit. acceptance 19.

Lease for yeares, and so from yeare to yeare, as long as both parties pleased, after he hath entred into every yeare, it is a Lease for that yeare, and a Lease for a thou∣sand yeares is good, 14 H. 8. f. 1.

Lease for three hundred yeares is good, and is but a Chattell, notwithstanding the long time, 32 Book of Assi∣ses 6.

If a man lets for sixty yeares, and so from sixty yeares to sixty yeares, untill two hundred yeares be ended, this is also one self same Lease, and good, 29 H. 8. tit. Lease 49. and Plowdens Commentaries 273. the same.

The Husband and his Wife, purchase to them and to the Heires of the Husband, and after the Husband lets for yeares and dies, the Wife may enter and avoid the Lease for her Life, but if she dy before the residue of the Tearm, it is good to the Lessee against the Heire of the Husband, 33 H. 8. tit. Lease. 58.

And note by all the Justices, that the Guardian by Knight Service, shall not out the Termor, where he hath a Lease of his Tenant which dies, his Heire within age, contrary was the Law in times past, as it appeares before in the ti∣tle Ward.

VVhere it is agreed and granted to J.S. that he shall have twenty Acres, in D. for twenty yeares, this is a good Lease for this word (Concessit) is as strong, as devised, 37 H. 8. tit Lease 60.

If one license one to enter, and to occupie his Land for years, it is a Lease for yeares in Law, 10 Ed. 4. f. 4. & 5 H. 7. f. 1. the same.

Tenant in taile lets for twenty two yeares rendring Rent and dies, and the Lessee lets that over for ten yeares, and the Issue accepts the Rent of the second Lessee, this is no confirmation of the Lease, for there is no privity be∣twixt the second Lessee and him, 32 H. 8. Tit. Acceptance 13.

A man lets for ten yeares, and the next day lets the same Land to another for twenty yeares, this is a good Lease for the last ten yeares of the twenty yeares, which are ended after the first ten yeares; 26 H. 8. Tit. Lease 48. See the time of, H. 8. Tit. Lease. 35.

Weston saith, If I let for so many yeares as J.S. shall name, and after J.S. in my life time names certaine years the Lease is good for those yeares, Plowdens Commentaries 273.

A man lets a House with the Appurtenances, no Land passes, but if a man lets a House, with all the Land to the same belonging, there the Lands with that used passe, and it is a good Lease of those, Plowd. Com. f. 273. 31 H. 8. tit. Lease 55. See. Plowd. Com. 85. b. and f. 170.23 H. 8. tit. Fe∣offments 53.

If a man lets for life to J.S. and the next day lets to W. N. for yeares, the second Lease is void, if it be not granted of a Reversion, 37 H. 8. tit. Lease 48.

A man lets for yeares, to have after the Lease thereof made to J.N. ended, and in truth J.N. hath no Lease, this begins forthwith, 3 Ed. 6. tit. Lease 62.

A man hath a Lease for yeares as Executor of J.S. and after purchaseth the Reversion, the Lease is extinct and determined, yet it may be assets, 4 Ed. 6. Tit. Extinguishment 24.

Leases made by a Bishop, otherwise then for 21. yeares or three lives, from the time that such Lease begins, and where upon the old Rent is not reserved, is void, 1 Eliz. not in Print, and for that a Lease made for thirty yeares by a Bishop, and confirmed by the Dean and Chapters, under their Seale, shall not binde their Successor, but if the Bishop, Dean and Chapter, joyne in a Lease for thirty yeares; this is a good Lease, notwithstanding this Sta∣tute: And see, Pulton tit. Ecclesiasticall persons. What Lease by Spirituall persons, is good, and what not. And see, 13 Eliz. chap. 10. That a Lease by Bishop, Dean and Chapter, for longer time then twenty one yeares or three lives, is not good, and by, 14 Eliz. chap. 11. They may make a Lease of Houses in Cities and Borroughs, for forty years, and by, 18 Eliz. chap. 11. They cannot let where there is an old Lease, which hath continuance for three yeares, or more.

A man possessed of a Tearm for forty yeares, grants so many of them to J.S. which shall be behinde at the time of his death, and it seems it is void, for the Incertainty, otherwise it is if it were by devise.

But if a man lets his Land, to have after his death for forty yeares this is good, for this is certaine, 7 Ed. 6. tit. Lease 66.

See, 8 H. 7. fol. 4. Grant of Rent, but if a man let for life and foure yeares over is good.

Tenant which holds in cheife dies, his heire before Li∣very sued, makes a Lease for yeares, this is good, if no In∣trusion be found by Office, and if after the Lease, the dy∣ing seised be found by Office, and no intrusion it hath no relation to the death of the Ancestor, unlesse for the pro∣fits and not to defeat the Lease, 5 Ed. 6. Tit. Lease 57.

Tenant at will.

What acts Tenant at will may do, and what to him, and what by him are good, and what not.

IF Tenant at will lets for yeares, in his own name: He is a Disseisor, 12 Ed. 4. f. 12.

Release made to the Tenant at will by the Lessor is good, Lit. f. 108.

If one alien his Mannor, there need not that Tenant at will attoin, Lit. f. 125.

Tenant at will cannot grant over his Estate to any, for he hath no Interest certaine, 27 H. 6. f. 3. B.

If a man lets to one at will, the Lessor dies, the will is determined, 21 H. 6. f. 42.

If Tenant at will be outed, this is Disseisin to the Lessor, and yet the Tenant at will may enter without comman∣dement of his Lessor, for the will continues, 38 H. 6. fol. 28.

If Tenant at will make wast, action upon the case lies a∣gainst him, and not wast, 48 Ed. 3. f. 25. 11 H. 6. f. 38. the same. See, Lit. f. 15. & 12 Ed. 4. f. 8. the same. 22 Ed. 4. f. 5. Trespasse lies.

14 H. 8 f. 12. By Brown, If Tenant at will makes wast, acti∣on upon the case lies, and by Roo, if my Father lets at will and dies, the will is determined.

Littleton fol. 14. If Tenant at will makes voluntary wast, he saith, that the Lessor shall have an action of trespasse, but it seems he intended trespasse upon the case.

48 Ed. 3. f. 2. Action upon the case lies against Tenant at will, which makes wast in burning of Houses willingly, and not action of wast.

2 Ed. 4. fol. 5. By Littleton, If I deliver to you my Gown, and you burn it, action upon the case lies, and not tres∣passe. By force of Armes, 43 Ed. 3. f. 30. If one hath Goods by delivery, trespasse doth not lye against him, but Deti∣nue.

21 H. 6. fol. 43. is, That an action of wast doth not lye against Tenant at will, which makes wast but trespasse.

41 Ed. 3. f. 24. Where a Miller takes more tole then he ought, action upon the case lies against him, and not tres∣passe.

2 Ed. 4. f. 5. If my Servant of a shop, which hath power to sell, gives my Wares, it seems that I shall have trespasse against the Donee.

Tenant at will may cut Trees seasonable, but if he cut great Trees wast doth not lye, but action upon the case.

Tenant at will of a Mine may take the Oare and sell it, 12 Ed. 4. f. 8.

He which holds at will, hath that at the will of both, and Debt lieth for the Rent reserved, 20 Edw. 4. fol. 9.

If the Lessee at will sow the Land, and after be outed, he shall have the Crop, but if he be outed after the plow∣ing, and before the sowing, he shall loose the Costs of plowing, and the compost of that, 11 H. 4. fol. 90

Tenant at sufferance.

Who is Tenant at sufferance and who not, and what acts he may do.

TEnant at sufferance is where one of his own head occu∣pies my Land, and claims nothing, but at my will, and release to him is not good, Littleton f. 108.

There is no Tenant at sufferance, but he which first en∣ters by authority, and Lawfully, as a man lets for yeares, or for anothers life, and holds in further after the Lease expired, or after the death of him for whose life, time of H. 8. tit. Tenant by copy. 15.

Tenant at sufferance is, when Lessee for yeares after the tearm ended, occupies the Land by consent of the Lessor, without a Lease at will, 21 H. 6. f. 42.

Tenant at sufferance may distrain doing dammage up∣on the Land, and yet release made to him is not good, 4 H. 7. f. 3. and he may have trespasse.

Villainage.

For that, that in the fifth Article villainage is to be inquired in Leet and in Court-Baron, and is to be inquired, who is Villainof the Kings: Somthing shall be said touching that, and first how they began, and where the Lord may seise and have them, and how their Goods and Chattells and other things, and how contrary, and how not.

VIllaines began after Noahs Flood, that is, when all things were in common, and when they increased, and also were taken in Battells and one kil'd another, to avoid this mischeife, it was ordained that none should kill another, but those which they overcame should be their Villaines, to use at their pleasure; but not to kill them, Britton f. 77.

If the Villaine buy Goods and sell them, or give them to another, before the Lord seise them, then the Lord can∣not seise them nor have them, otherwise it is of the Kings Villaine, Littleton f. 39

Lord and Villaine, the Lord is indebted to one, which makes the Villaine his Executor, the Villaine shall have Debt against his Lord, and the Lord cannot seise and have the Goods which the Villaine hath as Executor, 3 H. 4. f. 15. the same 47 Ed. 3. f. 16. Littleton f. 41. and 21 Ed. 4. f. 50. Old Tenures 2.

If a Villaine dy before the Lord seise his Goods or claim by word, the Lord cannot seise them, not have them, but his Executors, 3 H. 4. f. 17.

If a villaine purchase Lands and alien them before that the Lord enter, or buy Goods and sells them before that the Lord seise them, the Lord shal not have them, Lit. f. 39.

If the Lord seise Goods, and deliver them to the Villain again, if they be taken from him, the Lord may have tres∣passe, or take and seise them again, and have them, 11 H. 4. f. 2. Lit. f. 39.

If he seises parcell of the Goods in name of all, that suffices for••ll.

The Lord hath possession of Goods of his Villaine by

Seisure, of land by entry, of Rent, Reversion, and Advow∣son, by claim, Perkins f. 6. Littleton. 40.

The Lord cannot seise his Villaine in the presence of the King, and yet after he may have him, 27 Book of Ass. 49.

If my Villaine Infant be in ward of one, by reason that he holds of him by Knights service, I may enter and seise the Infant, and out the Guardian, and shall have him, 40 Book of Ass. 7.

The Lord cannot take and seise his Villaine, out of the service of another, which hath retained him, unlesse that he hath more Servants; but he may seise the Goods, 39 R. 2. tit. action upon the case 52.

The Lord may take the Rent which a Villaine hath in possession, but not a thing in action, as obligation of Debt or Covenant.

What is infranchisement, and what not.

IF a ••ree-man marry his she Villaine, she is infranchi∣sed, Little. fol. 41. And that their Issue is free, 46 Ed. 3. fol. 4.

If a she Villaine marry a Free-man, she is made free for ever, and shall not be a Villaine again, unlesse by a spe∣ciall act afterwards as being divorced, or acknowledgeth her self a she Villain in Court of Record, ••itzh. fol. 78. G. 33 Ed. 3. f. 187. Statham, is that shee is infranchised but du∣ring the marriage.

If a Villaine woman marry a Free-man, she and all her Issue have a free Estate for ever, and a Villaine becomes free if he marry his Mistris; the same Law if a she Villaine marry her Lord, Brit. f. 78. a.

If a Villaine dwell in ancient Demesne of the King, by a year and a day without claime, he is infranchised, Fitzh. f. 79. A. But there held, if he dwell in the ancient Demesne of another Lord then the King, by a yeare and a day, with∣out claime, he is not infranchised, 39 H. 6. tit. 20. and 39 E. 3. f. 6.

If the Lord and his Villaine vouch together, where the Villaine hath purchased Lands, if he be not from all benefit shut up, being called to warranty, it is an infran∣chisement, 33 H. 6. f. 1.

The Reversion is granted, to a Villaine and his Lord being Tenant for life attornes, this doth not infranchise the Villaine, for the Lord gives nothing to the Villaine and he cannot otherwise have the Reversion, 11 H. 7. fol. 13.

If a man infranchise his Villaine, with the whole sequell it behoveth to be, for those created, and to be created, some born before that infranchisement is not made free, 15 H. 7. f. 14.

Though the Lord make Attorney, where his Villaine is Plaintiff it is no infranchisement, 22 Book of Ass. 4. & 29 Ed. 3. f. 24. the same.

If the Lord suffer his Villaine to be sworn of a Jury in the Kings Court, it is an infranchisment, Britton fol. 83.

Villaine shall not be infranchised, for that his Lord sues a (Recordare) upon a plaint of Replegiare, 5 Ed. 3. f. 187. Statham.

Tenant in taile of a Mannor, to which is a Villaine re∣gardant, aliens the same Land to the Villaine and dies. The Issue recovers the Land against the Villaine, yet he may after seise the Villain, and he is not infranchised, not∣withstanding that he hath brought action against his Vil∣laine, for he cannot otherwise come to the Land, 24 Edw. 3. fol. 187.

If in an action a Villain imparle with his Lord, or hath a day by (Prece partium) he is infranchised, 9 H. 6. f. the last, and 22 Ed. 4. f. 36. the same.

If the Lord suffer his Villaine to be made a Knight, it is an infranchisement, Britton f. 79.

If the Lord infcoffs his Villaine it is an infranchisement for ever, 12 H. 3. tit. 42.

If the Plaintiff in a Writ of (Neife) be non-suited, he shall not have again in his life time any other (Nativo habendo) but the Villaine by that is infranchised during her life time, 6 Ed. 2. tit. Villainage 26. See, 19 Edw. 2. Tit. 31.

If the Lord make to his Villaine an obligation, or grant to him an anuity, or let to him by Deed for yeares, or make to him a Feoffment and Livery and seisin, he is in∣franchised, otherwise it ••s if he makes to him a Lease at will, or a Feoffment and no Livery, Littleton fol. 45.

By Wilby, if the Lord infeoffs his Villaine without Deed, he is not infranchised, 24 Ed. 3. tit. 32.

Villaine to two Coparceners, he marries one of them, yet he is not infranchised against the other, coparcener, Fitzh. f. 197. N.

If a Copy-hold escheat, or come to the Lord by forfei∣ture, and the Lord grants that over by Copy to J. S. his Villaine and to his heires, to hold at the will of the Lord, according to the custome of the Mannor, by the services due and used to be paid, this is an infranchisement, but if a Copy-holder surrender into the hands of the Lord to the use of J.S. the Lords Villaine and to his heires, and the Lord by his Steward grant to him Seisin by the rod accor∣dingly, this is no infranchisement.

How the Lord may take advantage of things which he hath by his Villaine, by act of his Villaine.

MAnnor to which a Villaine is regardant, is let to one for life, and the Villaine purchase in fee, the Te∣nant for life enters, he shall have lands to him and to his heires for ever, Perk. f. 20.

If a Villaine be granted to one for Life, and the Vil∣laine purchase in fee, the Lessee enters, he shall have Fee, but if the Lord be Lessee for life, and the Tenancy escheat, he shall not have that but for life, Doctor and Student fol. 90.

If Lessee for yeares of a Mannor, to which a Villaine is regardant dies, and the Villaine purchase Lands, and the Executor of the Lessee enter, he shall have the Land in fee but it shall be to the use of the Testator, Doctor and Stu∣dent f. 90

Where a Parson hath a Villaine, which purchases lands and the Parson enters, he shall not have that to the use of himself, but in the right of his Church, 32 H. 8. tit. Vil∣lainage 46.

Where a Villaine is infeoffed with warranty, the Lord may rebut by that, if it were discended in possession of the Villaine, but not vouch to have in value, 18 Ed. 3. f. 29. & 22 Book of Ass. 37.

If a Villaine and his Wife purchase joyntly in Fee, and the Lord enters in the half, as he may, he shall have it, but

if he do not enter, but the Husband dies, the wife shall have all by the Survivor, and the Lord hath lost his ad∣vantage to have the moity. A bridg of ass. fol. 37.40. assis. 7.

If a Villain be bound in a statute, and before the day in∣curred, his Lord enters, the Lord shall have such advantage that execution shall not be sued against him, 18. Ed. 3. Tit. Execution Statham.

If my villain purchase Land, and I seise it, and the villain dies, yet the wife of the villain shall be endowed, by Herl. 13. Ed. 3.74. Statham 19. Ed. 2.

Waste.

And in so much that you ought to inquire, if any Farmer which hath part of the Demesnes of your Lordship, hath made wast, or any Copy-holder, (unlesse by the Custom of the Mannor he may make wast) if any of them have made wast or not. First let us see what is wast in Land, and to be punished, and what not.

IT is not wast to suffer the arable Land to lie fresh, so that it is full of thorns, Fitz. fol. 59. N. 2. H. 6. fol. 11.

To suffer a Meadow to be drowned which is rushie or little worth, or arable land to be drowned, that nothing remains but tough Clay; this is wast, 20. H. 6. fol. 1.

15. H. 3. Tit. 131. Wast was brought for making mea∣dow arable, by Plowd. 2. and it seems it lies.

If a Farmer plough meadow, it is wast, Fitzh. fol. 59. N. and 15. H. 3. tit. 131. the same, 12. H. 8.

If a Farmer do not repair banks of his Land in Lease, by which the Land is drowned, or if he dig for Copper or Stone, or Coals, it is wast, Fitzh. fol. 59. N. 20. H. 6. fol. 1.

Wast lies against a Farmer, for fish in a Poole, 6. R. 2. Statham.

If there be a Myne in the Land, if the Farmer dig the Land, and take it, it is wast, 9. Ed. 4. fol. 35. B.

Raising up a Furnace fixed, is wast, 42. Ed. 3. fol. 6.

What is wast in houses, to be punished, and what not.

IF a house be uncovered by suddain tempest, it is not wast; but if the Lessee suffer that to be uncovered, that the timber rot, it is wast, and if the house fall by suddain tempest it is no wast, 12. H. 4. fol. 4.33. H. 6. Tit. 155. B. By Danby and Choke. If strangers, enemies of the King destroy a house, or that it be blowen down by suddain tempest, wast lies not; contrary where it was by enemies, traitors, subjects, 12. H 8. fol. 1. See the time of Ed. 1. tit. 123. where it was burnt by I. S. his Neighbour by mis∣chance.

It seems that not covering of a house is no wast, till the great beam of that is rotten, 10 H. 7. fol. 2. B.

It seems wast may be assigned, in breaking a stone-wall, and also in a mud-wall, for that it is fixt to the free-hold. But the Lessee may plead that the lessor licensed him to break it down, and this is a good barre. And adjudged that if a house be not. covered at the time of the Lease made, the Lesse is not bound to cover that: and also if a house were curious at the time of the Lease made, that is a good barr to plead in wast, 10 H. 7. fol. 2. B. 40 assis. 22. the same, and 10 H. 7. fol. 5. the same where a house falls by tempest, though the lessee Covenant to repair it, he may plead in barr in a writ of wast, that it fell by tempest, though he cannot plead it in a writ of Covenant, 40. Ed. 3. fol. 6.

If a Farmer build a house, where there was none before the Lease, and suffers that to decay, it is wast, 11 Ed. 2. Sta∣tham, 12 H. 4. fol. 6. the same, 42 Ed. 3. fol. 21. the same, & 17. Ed. 2. tit. 118. the same.

If wast in a house be repaired, hanging the writ of wast, it is not to purpose; but if it were repaired before a writ purchased, it is otherwise, 38. Book of Assis. 1. 21. H. 7. fol. 26. by Kingsmill, and not denyed, that a furnace fixed by a Farmer, and not to the walls, Posts, and such like, by him fixed, and taken away within his tearm, is no wast, for the house is not impaired. But where Tenant in Fee fixes a furnace in the midst of the house, the Heire shall have it, and not the Executors: the same Law if a Fat fixt in a Brew-house.

34 Ed. 3. Tit. 3. where a house falls by great

wind or tempest, it seems the lessor shall have the great Timber, for that is not wast, and the lessee shall not build that, 11 H. 4. fol. 21.

9 H. 6. fol. 52. Lease to a woman unmarried which takes a Husband, which builds a house and dies, the wo∣man shall be charged with that in wast, 47. book of Ass. 22. If Posts of a house be and the rest is fallen, if the Guardian take away the Posts it is no wast; for it is no house when it is not walled nor covered, and if one take away a frame of a house which was newly built and never covered, it is no wast.

What is wast punishable in woods, and what not.

IF a stable were ruinous, at the time of the Lease and falls, the lessee may cut trees, and make a new house; but if no house were there before, he cannot cut Trees to make a new house, as it seems 11 H. 4. fol. 32.

The farmer may cut trees to amend his house, and make reparations; but if the house be decayed by the default of the farmer, then if he cut trees to repair that, it is wast, Fitz. 59. K.

Cutting of dead wood by a Termor is no waste. And if a man cut wood to burn, where he hath dead wood sufficient, that is wast, and it is no wast to cut seasonable wood, which is used to be cut every 20. years, or within that time, Fitzh. fol. 59. M.

It was agreed that young Oaks of the age of 20. yeares, nor under 20. yeares, could not be cut by a Farmer for years, nor for life, for they may be Timber, and by this cutting they will never grow to be Timber: time of H. 8. tit. 334. b. see 11. H. 6. fol. 1. cutting Wil∣lowes within the view and sight of a Mannor, is wast. 40. Ed. 3. fol. 15. B.

Cutting of Hazels which do not grow under great Trees, but in a quarter of a wood is wast, 40. Ed. 3. fol. 25. b. 10. H. 7. fol. 2. the same, Fitz. fol. 6. E. the same.

Cutting under wood is no wast, but barking them that they do not grow again is wast. 42. Ed. 3. fol. 6.

A man cannot assign wast in cutting young Oaks, that is of the age of 7. or 8. yeares, 13. H. 7. fol. 21. by Brian, contrary before the time of H. 1.

Cutting within the age of eight and ten yeares of young Oaks is wast, because they can never come to be Timber Ed. 46. tit. 13

Young Oaks of the age of twenty yeares and under, Farmer may cut, and it is not wast, but Martin saith, that is in a Country where there is plenty of Wood, if Oakes passe the age of twenty yeares they cannot be cut as sea∣sonable for house-boote, but by Martin, Wrang-lands of the age of twenty yeares, which can never be Timber, cut∣ting of them for firing is no wast, 11 H. 6. fol. 1 by the Court.

Oakes of the age of sixteen yeares may be cut for fuell, for that they are but falling Woods, 21 H. 6. fol. 53. by New∣ton.

4 Ed. 3. f. 22. Journey to Darby, fol. If a man make wast in a Mill, and cut Trees to mend it, this cutting is waste,

12 Ed. 3. tit. 28. Wast, He cannot cut the Trees to cover the Houses, and sell away the old Timber.

Cutting small Trees and selling them away is wast, but a Farmer may cut them to make reparations upon the same Land let, but not to repaire other Land, cutting young Samples within the age of ten yeares seasonable, for house-boot is no wast, but where they were of the age of twenty yeares, and able to make great Timber is wast, 7 H. 6. f. 40.

Termor may take small Trees and such like, which are seasonable, which have been used to be felled every 20, 16. 14, or 12. yeares, and is no wast: For it is called falling wood, 4 Ed. 6. tit. 136.

Where Oakes are cut, and suffering the Springs to be eaten with Beasts that they will not be Timber afterwards but shrubs, it is wast, 11 H. 6. f. 1.

One may assigne wast in a hundred Oaks cut, and also in the Stocks of the same Oaks, that is in springs growing upon the same Oakes, for if so be they were saved they would be Timber, and for that, that they are not, it is wast, 22 H. 6. f. 14.

Cutting green wood, where there is dead wood for fi∣ring, is wast, 23 Ed. 3. tit. 32.

Cutting Sances is no wast, 8 Ed. 2. tit. 111.

Cutting Wood to burn where there is dead wood suffici∣ent is wast, but not wast to cut seasonable wood which is u∣sed to be cut every twenty yeares, or within the time, Fitzh. f. 59. M.

Cutting white Thorn is wast, and not black Thorn, 46 Ed. 3. f. 17. But see, 9 H. 6. f. 10.

What wast in Gardens is punishable, and what not.

WHere Apple Trees fall with great winde, and after become dry, the Termor may take them for Fuell, 7 H. 6. f. 40.

Cutting Apple Trees which have fallen upon Props, and bear Fruit, is wast, 44 Ed. 3. f. 44.

Cutting Apple Trees and Plum Trees is wast, 10 H. 7. fol. 2.

If a house and wood are let, he cannot cut Apple trees to amend the House if he have Wood, for if he do it is wast, time Ed. 1. Title 122.

For what wast Termor shall be punished, and for what not.

IF a Termor for life make wast, and after surrender his e∣state, and the Lessor accept it, the Termor shall not be punished for that wast, Natura brevium f. 36 B. 14 H. 8. fol. 111. By Pollard, but see 8 H. 5. fol. 8.

If a stranger make wast upon the Land which one holds for life or for yeares, the Farmer shall be punished for this wast, 5 H. 4. f. 3. and 3 H. 6. fol. 17. B.

If a Lessor himself make wast the Termor shall not be punished for that wast, 5 H. 4. f. 3.

If a stranger make waste upon the Land in ward, the Guardian in Socage shall not be punished for this waste, Fitzh. f. 60. G.

Where waste is made by Enemies, or Tempest, the Ter∣mor is not punishable for his waste, Fitzh. f. 59. L.

If a Termor make waste before that he attorn, he shall not be punished for that waste, 48 Ed. 3. f. 15.

If a Lessor covenant to deliver great Timber of the said Land to repair the House let, and will not, and for lack of that the Lessee will not repair that, but suffers the House to fall, he is punishable for this waste: but if the great Timber were to be taken from other Land, and is not de∣livered, this excuses him, and he is not punishable for this waste, 44 Ed. 3. f. 21.

If Land be let to a lone Woman, and she takes a Hus∣band which makes waste and dies, she shall be punished for that waste; but if the Lease were made to the Husband and his Wife, and he makes the waste and dies, for that waste she shall not be punished, Nat. brev. f. 36. B. 3 Ed. 3. Tit. 20.

Register, f. 72. against the Husband and the Wife, sum∣moned B. and E. his Wife, that they be, &c. to shew why they made waste, &c. of Lands, &c. which they held for the Dower of the said E.

Register, fol. 74. against a Woman, Summon B. which was the Wife of C. that she be, &c. to shew wherefore, &c. of the Houses, &c. which she holds for her life, by a Lease, which D. thereof made to the said B. and the aforesaid C. sometime her Husband, and to the Heirs of the said C.

14 H. 8. f. 12. When the terme of years is ended, the Writ shall be which he held, and where it is during the terme, shall be which he holdeth:

40 Ed. 3. f. 23. Where the terme passes, and where the Infant is of full age, it shall be against the Guardian and Termor, which they held.

41 Ed. 3. fol. 23. Against Tenant for life the forme is, which he holds for terme of his life, 40 Ed. 3. f. 33. 14 H. 6. f. 14. the same.

46 Ed. 3. f. 25. If a Lease be made to one for life, which grants over his Estate, the VVrit shall say, (which he holds) but where a Lease is made for anothers life, and he for whose life dies, the VVrit shall say, (he held) by Finchden, and not denied. And if a Lease be made to a woman for years, which takes a Husband, before the terme ended, which makes waste, and the VVife dies, waste lies against the Husband for the occupation. See Brook, Tit. 47. The same Law where a Lease was to the VVoman for life, which takes a Husband, &c.

Nat. Brev. f. 36. If Land be let to a single VVoman, and she take a Husband, and the Husband makes waste, and dies, the Wife shall answer for this waste; but otherwise it is where the Land is let to the Husband and his Wife, for terme of their two lives, and the Husband makes waste, and dies, the wife shall not answer for that waste, for it was the folly of the Lessor to let that to him, 15 H. 3. Tit. 133. Fitzh.

Time of Ed. 1. Tit. 128. Fitzh. If a woman Tenant for life take a husband which makes waste and dies, it seems that the woman shall be charged of that, for that, that the woman agreed to the Lease after the death of her hus∣band, 10 E. 3. Tit. 17. & Tit. 21. & 133.

23 H. 8. Tit. 138. If a single woman Tenant for life takes a husband which makes waste and dies, Action of waste lies against the wife; but if a Lease be made to the husband and the wife, and the husband makes waste and dies, it is otherwise, and held there for Law, that if the Termor make waste, and make his Executors, and dies, the Action of waste is gone, for it is as a Trespasse which is a personal Action which dies with the person, but if the Executors make the waste, it lies against them:

Fitzh. f. 56. A. If a Guardian in Knight-service grant over his Estate, and the Grantee makes waste, the writ of waste shall be brought against the Grantee, and not a∣gainst the Guardian, but if the Guardian make waste, and after grant over his Estate, waste lies against the Guar∣dian, and not against the Grantee: and so where Tenant for life, or for years, makes waste, and grants over his Estate, the writ of waste lies against him that made the waste, but waste shall be alwayes brought against Tenant in Dower, or Tenant by the Curtesie, notwithstanding their Grant over, Fitzh. 550. Register, fol. 72.

40 Ed. 3. Tit. 33. Waste against Tenant for life, it is no Plea to say, that he had nothing in the Tenancy, Day of the writ purchased, nor ever after; for if he hath made waste, and granted his Estate over, yet he shall answer for this waste, and though the writ be. (which he holdeth) it is good; and by Finchden, waste is a writ of Trespasse in his na∣ture, and cannot be brought but against him which is Te∣nant when the waste was made, unlesse he be Tenant by the curtesie, or Tenant in Dower, 41 Ed. 3. fol. 23. & 44 Ed. 3. fol. 21.

Fitzh. 55. C. In waste against Tenant in Dower, the Sta∣tute need not be rehearsed, nor in waste against Guardi∣an, but against Tenant for life, or for years, by Demise, shall be rehearsed.

Fitzh. 56. C. In waste against Tenant by the curtesic without rehearsing the Statute, that is, without, when of the common Councel of our Kingdome of England, it is

good, and so it seems it is, if it be rehearsed. Every writ of waste is to the dis-inheriting of him which brought the writ, and for that it shall be shewed in the writ, though the Plaintiff hath Reversion by the Assignement of the Lessor.

Fitzh. 58. A.B.C.D.E. Register, 74. & 75. And the writ of waste is of me, that is, the Plaintiff holds, and for that it is shewed, by Assignement, as 46 Ed. 3. f. 25. Waste by the Assignement of the Defendant, Dd. that you have it by Assignement, and the Plaintiff shews that he had a Feoff∣ment and Livery, saving the terme, and good. Also it shall be shewed in the writ of whose Demise the Defendant hath it, that is, as by the Demise of another. Fitzh. 57. A.B.C.D.E. Register, 745. that is, for the Plaintiff is to re∣cover the place wasted, 34 H. 6. fol. 6. Tit. Waste Brook 121.

11 H. 6. f. 8. If waste or (Quare ejecit infra terminum) be brought, and the terme ends, hanging the writ, the writ shall not abate; for though he cannot recover the place wasted, he shall recover Damages. Also if waste be brought (Quas tenuit) after the terme ended, he shall recover Damages, though he do not recover the place wasted. So where one which holds for terme of anothers life makes waste, and after he for whose life dies, the Lessor shall re∣cover Damages, though he do not recover the place wa∣sted, Fitzh. 60.

10 H. 6. fol. 8. Waste, supposed, by the writ that the De∣fendant hath that by Legacy of one such ancester of the Plaintiff, for that, that the custome was so that he might devise, and good.

8 Ed. 2. tit. 112. Waste was found in a House, which was principal, and the Plaintiff by Award recovered all the House.

15 H. 7. fol. 11. By Fineux, where a Farmer of a Wood makes waste in one corner, this onely is forfeited; but if it be in divers places of the Wood, all is forfeited, and the plots in this also, 15 Ed. 3. Tit. 108. See the time of Ed. 1. Tit. 122: VVaste against Guardian.

4 Ed. 6. Tit. 136. By Bromley, if a man make waste in hedge-rowes, which inclose a Pasture, nothing shall be re∣covered but the place wasted, that is, the circuit of the Root, and not the whole Pasture, 41 Ed. 3. Tit. 24. B.

Fitzh. 60. T. If a Guardian make waste, and the Heir being within age, bring a writ of waste, by this the Guar∣dian shall loose the VVardship, and over that his Dama∣ges, to as much as the waste amounts unto. But if the Heir were of full age, that he looseth not the VVardship, then he ought to recover treble Damages, for that that he cannot loose the VVardship, according to the Statute of Glocester.

43 Ed. 3. f. 6. VVaste, it is a good Plea in Barr, that the House fell by Tempest, and if he covenant to repair that, it is no plea in Covenant.

49 Ed. 3. fol. 1. VVaste, it is a good Plea, that at the time of the Lease, that the house was weak, and that the great Timbers were rotted, that it fell; for if any the principal Timbers were rotten, it is no waste, though he covenant to repair it.

8 H. 6. f. 57. Waste, it is a good Plea, that the Plaintiff hath entered into the Land, before which Entry, no waste made.

8 H. 5. f. 8. Waste, it is a good Plea, that he surrendred, to which the Plaintiff agreed, before that no waste made.

9 H. 6. f. 11. Waste by the Heir is a good Plea, that the Plaintiff hath an elder Brother which survived the Plain∣tiff, and after died, after whose Death no waste made, and a good Plea.

44 Ed. 3. f. 27. Waste against a Guardian in Knight-ser∣vice, who saith, that after the Death of the Ancestor, J. F. (abated) against whom the Defendant recovered in a VVrit of VVard, after which Recovery no waste made, and it is a good Plea.

12 H. 4. f. 6. VVaste, it is a good Plea, that that fell be∣fore the Lease.

19 H. 6. fol. 66. VVaste, that he suffered the House to be uncovered, by which the great Timber rotted; it is no Plea to say, Day of the VVrit purchased, the House was sufficiently repaired; but to say, after the waste, and be∣fore the VVrit purchased, it was sufficiently repaired.

8 H. 6. fol. 61. VVaste, held where Land is given to the Husband and the VVife, and the Heirs of the VVife, and the Husband discontinues in Fee, and takes an Estate for life, and the VVife dies, the Heir of the VVife shall not have waste, before that he hath purged the Discontinu∣ance, 8 H. 6. f. 63.

Fitzh. 59. E: The heir within age shall have a writ of waste, against a Guardian in Socage, 2 Ed. 2. Fitzh. the same, Nat. bre. 58. If a Guardian in Socage make waste, the Heir when he cometh to full age, shall have an acti∣on of account for that.

14 Ed. 3. tit. 107. It seems that waste lies against a Guardian in Socage, tit. 100. Fitzh.

Fitzh. 58. H. There is a writ of waste in the Register, for him in reversion, against tenant by Elegit, which hath the Lands in execution, but it seems he shall not have waste, for that, that he may have a venire facias to account, and there the waste shall be recompenced in the debt, but by the action of waste, he shall recover treble damages, which he shall not have in the account.

Nat. Bre. fol. 37. waste doth not lie against tenant by Elegit, nor against tenant by Stat. Merchant; but if they make waste account lies, 42 Ed. 2. tit. 11. fol. If a Lease be made to one to use it in the best way that he can, now he cannot make waste.

17 E. 3. tit. 101. If a Lease be made to one, so that he may make his profit of that, &c. yet it shall not be intend∣ed, such as common right gives him; for he cannot pull down abouse and make waste.

Action upon the Case.

Action upon the case in Court baron, and other Court, and first for slander.

IT lies for calling one traytor, felon, and robber of the Kings people, and that is to be noted in Iustice Seatons case, 30. Ass. 19.

22. Book of ass. 43. presentment, that one a is common Malefactor, or a common thief, or a common Baretor, is not certain, and is not good; and so it is thought by divers, to say that one is a common malefactor, or a common ba∣retor: this action doth not lie, for it is too general.

2 Ed. 4. fol. 5. For calling one villain, it seems that action upon the case doth not lie.

17 Ed. 4. fol. 3. Saith there, that an action upon the case doth not lie, for calling the Plaintiff villain without more.

Nat. Bre. fol. 55. There are two desamations or slan∣ders, the one spiritual, the other temporal: temporal where he cannot be punished by the spiritual Law, as to say that the Plaintiff is out-lawed of murder, conspiracy, forging of deeds, &c.

30 H. 8. tit. 104. Lyeth for calling the Plaintiff perjured man; for now perjury is punishable in our Law by the Statute of 5. Eliz. yet inquire, for that it is not in what Court or cause he was perjured.

Register fol. 54. For calling the Plaintiff Adulterer or U∣surer, Defendant shall be punished in the spiritual Court, and there doth not lie an action upon the case.

4. Ed. 6. tit. 112. Lies for calling the Plaintiff a false Justice of Peace.

27 H. 8. fol. 13. It lies for calling the Plaintiff theif, and inditing him of felony, and note the words of the writ are, that he is hurt in his goods, his name, fame, and condi∣tion.

26. H. 8. fol. 11. For calling the Plaintiff Thief, and saying that he hath stolen sheep of one I. S. It lies.

17 Ed. 4. fol. 3. Lies for writing slander in a paper, by which he durst not go about his business.

27. H. 8. fol. 17. For calling the Plaintiff Heretick, and one of a new learning, it doth not lie.

Book of entries fol. ••2. A president there, in an action of the case, for calling the Plaintiff false man; but in∣quire if it lies, for there was not there exception taken: and there is there another president for calling the Plaintiff theif, and saying he hath received 20 l. value of his goods.

In the Book of Entries, fol. 13. there is another presi∣dent of an action upon the case, that a certain Letter or Bill, with divers slandering words, and defaming, in the said Bill or Letter he caused to be writ.

It was the opinion in the Kings Bench, that for calling the Plaintiff Rogue, Cozener, or villain, action upon the case doth not he; for you shall not have action upon the case, for every word of anger reproachful; for it is said, that (Scandulum) is a Greek word, which goes to the over∣throwe of one, and for that it hath been thought, that if the words intend to the destruction of the Plaintiff, that he shall have an action upon the case, and for that where

the Defendant saith, that the Plaintiff was infected with the robbery of Jerom, H. and smels of it, the opinion was, that action upon the case for those words doth not lie.

Adjudged in London, that an action upon the case lies brought by Huson, Inholder, for that the Defendant said falsely, that he had buryed divers which died of the Plague, in his house, in his Garden, when the plague was not in his house, by which his guests refused to come to his house.

Also it was the opinion of the Kings Bench, that an action upon the case doth not lie, for calling the Plain∣tiff false knave.

Essex in the Kings Bench Roll. 149. Hill. Terme, 26. Eliz. Rich. Kerby Gentlemen, brought his action upon the case against John Waller, for saying these words, that is, thou Kirby art a false cozening knave, and hath falsely cozened my two Kinsmen, William Walker, and Thomas Walker, Brothers of the said William, of Lands worth 6000 l. the manner of Py••on in Rameshold, and I will bring thee to stand upon the Pillory for that. And adjudgad that the action doth not lie, and the Jury taxed damages to a 100 l. and upon that adjudged that the action did not lie.

London, Thomas Gittens Carpenter, Anno 26. brought his action upon the case against James Redforne in the Ex∣chequer, for saying these words, Thomas Gittens is a co∣zening knave, and I have proved him a cozening knave before my Lord Maior of London, for selling a Saphir for a Diamond, and adjudged that it doth not lie.

Action upon the case upon a warrant ••f a thing sold, and upon knowledge without wairant.

ACtion upon the case lies for selling corrupt wine, and the writ is, knowing it to be corrupt, and warrant is not to purpose, for it is ordained that none shall sell corrupt victual, if he know it, and so the Issue was, whether it were good and not corrupt. An action upon the case lies for selling corrupt victual, if he know it, and so the is∣sue was, whether it were good and not corrupt, an action upon the case lies for selling so much Cloth and not well fulled, where he warrants it, 11. H. 6. fol. 22.

Note the use, where Measel Porks are fold at Rumford, to have restitution of his money if they prove Measel, 9 H. 6. fol. 53.

7 H. 4. fol. 16. Action upon the case lies for selling corrupt wine, knowing, &c. the Defendant saith, that he tasted it, and accepted it for good: the Plaintiff saith, he accepted it for good upon condition, if he liked it, after it came to his house, &c.

19 H. 6. fol. 49. If one sell wine without warranty, if that be corrupt, action upon the case lies, for it is prohibi∣ted by law, 7. H. 4. fol. 76.

13 H. 4. fol. 2. If one sell to me a Horse apparent blind, and warrant him sound of all his Members, and I see him, I shall have no deceit, for that I might see it, otherwise it is of a disease within his body, there upon the warrant I shall have deceit. But if one sell a blind horse, and war∣rant him to one that doth not see him, deceit lies: If one sells to me wine, and I bid my Servant to taste it, deceit doth not lie if it be corrupt, for that he hath tasted it.

Fitzh. 94. C. If a man sell a horse to another, and war∣rant him to be sound and good, &c. If the horse be lame or diseased, that he cannot work, action upon the case lies, And so if one bargain and sel to one certain Pipes of wine, and warrant them to be good, and they are corrupt, action upon the case lies against him, and by Fitzh. it behoveth that he warrant the horse, and also the wine, otherwise action upon the case doth not lie, inquire of the wine.

Fitzh. 98. K. If a man sell Clothes and warrant them to be of a certaine length, if they be not of such a length, he he which buyes them shall have a Writ of Deceit against him, but if the warranty be made after the bargain, is o∣therwise.

11 Ed. 4. fol. 7. Where one sells Clothes and warrants them to be of such a length, and they are not, deceit lies, for he could not know but by measure, and he beleeved him, but it is said, if he warrant Seeds to grow that is in Cod, or that a Horse shall carry one ten miles in two houres which is to come, or warrant Cloth to be murrey where it is blue and see it, deceit doth not lye, but if he warrant Cloth to be of such a Country when it is not, de∣ceit lies.

11 R. 2. Statham, If one sell a Horse, knowing him to be lame, and warrant him to be sound, the Defendant saith that he sold him sound, without that, that he warranted him.

31 H. 6. fol. 11. Statham, If one sell a Horse, knowing him to be lame and do not warrant him, action upon the case doth not lye.

20 H. 6. fol. 37. By Paston, and not denied, if a man sell a horse which hath a disease, the Buyer may have action upon the case, that the Defendant knowing his Horse to be diseased; sold him, though he do not warrant him to be sound; notwithstanding it seems otherwise, where the Buy∣er may see the disease, by looking upon him as a splint, a spavin, or an eye.

9 H. 7. f. 22. If one sell a thing, and warrant that at the same time, he may have deceit, notwithstanding that he hath not paid the Money, for that, that he might have debt at his pleasure for the Money.

Action upon the case for cosenage and deceiving of one.

ACtion upon the case was brought against W. C. for that the Defendant took eight Oxen of J.S. and offered to sell them to the Plaintiff as his proper Goods, and by this salsity the Plaintiff trusting to the honesty of the Defendant bought them, and paid seven pound, and after the owner tooke the Oxen, by which the Plain∣tiffe lost the Oxen by this falsity to his wrong and dama∣ges, &c. Book of Ass. 8.

20 H. 6 fol. 25. Deceit was brought, for that the De∣fendant was his Attorney, and ought to have taken an Obligation of J.S. for a hundred pound to the Plaintiff, and he took it to himselfe; and it is sayd, he ought to de∣clare that he took a Fee of him: And so lyeth an Action upon the Case for such Cosenage and Deceits: VVhich note.

9 E. 4. fol. 12. By Littleton, Debt against two, as Exe∣cutors, and one is no Executor, nor never administred, &c. Yet he acknowledged the Action, and the other made default, the Plaintiffe recovers, the other hath no remedy but an Action of Deceit; that is, Upon the Case, for he is party to the Judgement.

42 Ed. 3. f. 14. Conspiracy in the nature of an Action up∣on the case was brought against three, which conspired to make one of them Attorney for the Plaintiff, and to plead as they pleased, and so to cause the Plaintiff to be found a Villain to one of the Defendants, and it lies, 26. Book of Assises 62.

47 Ed. 3. f. 15. Action upon the case lies in nature of a Conspiracy, for that the Defendant procured and caused a false Office to be found, by which the Mannour of the Plaintiff was seised into the Kings hands, Tit. Conspiracy, 8. B. See 27. Book of Assises 73. Fitzh. 114. D.

43 Ed. 3. f. 20. Deceit, for that the Defendant procure J. S. to bring a Formedon against the Plaintiff by Collusi∣on, by which he was travell by the Suit, and brought a Writ of Warrantia Chartae in defence of that, and it lies.

Where an Action upon the Case lies for a thing pawned, and for a thing borrowed, and where not.

ACtion upon the Case doth not lie, for riding his Horse which he had hired of the Plaintiff, which was weary, so that he had no service of him by six Dayes, for wearinesse is natural after labor, and for that he ought to shew some Fault in the Defendant, if he will have that Action.

Fitzh. 86. C. If one borrow certain Money, and deliver certain of his Goods in pawn for it, and he offers the Mo∣ney to the party again, and prayes Delivery of his Pawn, and the other refuse it, he shall have an Action upon the Case for the Pawn.

40 Ed. 3. f. 6. If I borrow a Horse, and he dies suddenly, and not by my default, I shall not be charged to restore a dead Horse.

Doct. & Student. f. 29. If one use the thing borrowed, in other manner then to what it was borrowed, he shall be charged, if they perish in any manner: but if he use them as they were lent, if they perish not through his default which borrowed them, the Owner shall bear the losse.

Doct. & Student. fol. 128. If a man borrow a Horse, and puts him in a house which fals upon him, if it were strong and not feeble to fall, he shall be discharged, otherwise it is, if it were weak.

21 Ed. 4. Tit. 42. Detinue of Goods, Br. Detinue of a Horse, it is a good Plea, that at the time of the Delivery, the Horse was sick of divers Diseases, as Botts, Glanders, and such like, by which he died at D. such a day and year, before request made by the Plaintiff to re-deliver him, and it is a good Plea, contrary if he do not say, it was before request, for if it were after request, that had been the folly of the Defendant.

Where Action upon the Case lies, or Detinue, and where Trespass, and where not.

IF the Lessor will not discharge his Farmer of a Tenth, or of a Fifteenth, or of Quit-rent, which are due by the Lessor, and the Farmer pay it, yet he cannot keep that back in the payment of his Rent, but shall have an Acti∣on upon the Case, 21 H. 7. f. 12.

7 H. 4. fol. 3. If the Testator hath my Goods amongst his Goods, and dies, Trespasse by force and Arms doth not lie against his Executors for these Goods, but Detinue in an Action upon the Case: and if one finde my Goods, Tres∣passe doth not lie against him, but Detinue, or an Action upon the Case.

12 Ed. 4. f. 10. If one take my Beasts, and another take them from him, I shall not have Trespasse against the se∣cond, but Action upon the Case, 21 Ed. 4. fol. 89. the same.

13 Ed. 4. fol. 9. If Goods be delivered to one, he cannot be a Trespassor of them, but a Detinue lies of them.

18 Ed. 4. f. 28. VVhere one hath Goods by my Delive∣ry, I shall not have Trespasse, but Action upon the Case, and Count of mis-using of them.

46 Ed. 3. fol. 15 Trespasse, if the Defendant saith, that the Goods were thrown into the Sea by a Tempest, for safeguard of the Ship, and he took them, and Trespasse doth not lie against him, for that they were not taken out of the possession of the Plaintiff.

21 H. 7. f. 39. By Fineux and Tremail, if I deliver Goods to a man, and he gives them, or sels them to a stranger, if the stranger takes them without Delivery, I shall have a VVrit of Trespasse; but if he makes Delivery to the stran∣ger of them, I shall have no Trespasse.

Littleton, fol. 14. If I deliver to one my Sheep to dung his Land, or my Oxen to plow his Land, and he kils my Beasts, I shall have Trespasse, that is to be intended Tres∣passe upon the Case, and not Trespasse by force of Armes. See 2 Ed. 4. f. 5. in Parco fracto.

18 Ed. 4. fol. 23. In Action upon the Case, where he counts of mis-using of a thing delivered to the Defen∣dant, or converting it to his own use, is to recover Dama∣ges for the thing, and where one will recover the thing it self, he shall have Detinue.

7 Ed. 4. f. 4. Where one comes to Goods lawfully, as by Delivery, Trespasse doth not lie against him, but De∣tinue.

12 E. 4. f. 8. A man shall not have trespasse general, that is, by force of Armes, against him that mis-uses a License in Deed, as to ride a Horse twenty Miles, where he borrow∣ed the Horse but for ten Mile; but he shall have an Action upon the case; contrary, if one mis-use a License in Law, as to enter into a Tavern, there he shall have Trespasse, by force of Armes, 21 Ed. 4. f. 76. the same.

18 Ed. 4. f. 2. If my Bailiff kill my Kine, Trespasse by force of Armes doth not lie, but an Action upon the Case.

21 Ed. 4. fol. 22. Action upon the Case lies against J. S. Officer of the Kings Bench, for that that the Plaintiff af∣firmed a Plaint of Debt against J. D. in London, the said J. S. purchased a Supersedeas of Priviledge for J. D. sup∣posing that he was his Servant.

2 H. 4. f. 19. Action upon the Case by the Neighbour of a fire, lies, that according to the Law and custome of the Realm of England, &c. that every one shall keep his fire, least by his fire any losse should come to his Neighbours.

42 Ed. 3. fol. 11. Action upon the case lies, where throughout the whole Realm of England it was a custome, that the Host should keep the Goods that their Guests brought into their House, if it be a common Inn, and should be charged, though they were not delivered, and though that the key of his Chamber were delivered to the Guest, 22 H. 6. f. 24. 2 H. 4. f. 8. 14 H. 4. f. 43. Fitzh. f. 94. B. 11 H. 4. f. 43.

28 H. 6. f. 7. Action upon the case lies, for that, that the Dog of the Defendant worried the Sheep of the Plaintiff,

he knowing his Dog to be accustomed to worry Sheep, and it is no Plea for the Defendant that he did not know, By Moyl, but he ought to answer, that he did not worry the Sheep.

41 Ed. 3. fol. 24. If a man ought to grinde his Corne at the Mill of the Defendant without paying Tole, and the Miller take Tole, trespasse by force of Armes lyes, and so it is said where he takes more Tole then he ought, but if one hinder people to come to my Market, Action upon the case lies.

13 H. 4. f. 12. Action upon the case lies, for that, that he hath a Leet in the Mannor, Eyer and Court, from three weeks, &c. There hath the Defendant held Court within the same Mannor, and hath distrained his Tenants by great and often distresse, and hath impoverisht them, that they cannot pay their Rent, Fitzh. 94. E. the same.

33 H. 6. f. 16. Action upon the case lies, where his Ste∣ward comes to hold a Leet, and the Defendant disturbs him.

11 H. 4. fol. 45. Schoole-Master shall not have an action of the case against another, for setting up another School, that he cannot have so many Schollars as he had before, for the profession is free, and is for the Common-wealth: the same law of erecting a Mill upon his own land, though the Plaintiffs Tole be diminished, he shall not have an a∣ction upon the case, 22 H. 6. f. 14. Mill levied.

48 Ed 3. f. 25. Action upon the case lies against Tenant at will which makes wast, or burning a House willingly, and not an action of waste, Lit. 14. 21 H. 6. fol. 43.

7 H. 4. f. 8. Action upon the case lies, for that, that the Defendant ought to repaire a certaine wall upon the Thames, and doth it not, by which the land of the Plaintiff is drowned, Fitzh. 93. E. the same.

7. H. 4. fol. 16. Account doth not lye against a Bailiff, or Servant for driving his Plow, in which default the Beasts perished, but an action upon the case lyes for his negligence, for default of good keeping.

2 H. 7. f. 11. Action upon the case lies for negligent keeping my Sheep, and the same Law for negligent carrying my Pots, or glasse; and where one keeps my Horse, and starves him for Meat.

7 H. 4. f. 45. Action upon the case lies by the Lord of B.

against him which bought and sold in the Market of B. without paying Tole, and though the VVrit was (Tollenam asportavit) yet it was also, and he denied to pay it, and for that it was awarded good, for the first words are void and the last sufficient.

11 H. 4. f. 25. If a way belonging, &c. be stopped, Assise of Nusance lies, but for stopping of a way ingrosse he shall not have an Assise of Nusance, but action upon the case.

14 H. 8. f. the last, VVhere part of a River, or way is stopt which is narrow, action upon the case lies, and where the whole, an Assise of Nusance, an action upon the case lies where he hath no other remedy.

11. Ed. 4. f. 23. It seems there that a good Pleader, may frame actions upon the case for many matters which are in the Chancery.

26 Book of Ass. 79. Action of the case lies against the She∣riff which quashed an Essoyne erroniously, for false Judg∣ment doth not lye unlesse it were Judgement of the Sui∣tors.

Fitzh. 114. D. If one Person of his malice, and by his false imagination, labour and cause another to be iudicted falsly, the party which is so indicted shall not have a Writ of conspiracy, but an action upon the case against him which caused him to be so indicted.

Fitzh. 95. D. If one play with others at Dice, and hee hath false Dice, and wins Money of others with false Dice, Action upon the Case lyes for this deceit.

13 H. 7. fol. 26. Action upon the Case lyes, where one hath a Water-course by Prescription, to Brew, and water Beasts, there hath the Defendant made Lime-pits, &c. 4 Book of Ass. 3. See Nusance for Lever Tozaile to the an∣noyance of the Free-hold.

Action upon the Case for mis-using an Officer in his Office.

ACtion upon the Case lyes against a Sheriffe, where the Plaintiffe hath Charter of exception, that he shall be impannelled upon no Jury, and shews that to the She∣riff, and yet he impannels him, 18 H. 8. fol. 5.

21 H. 7. fol. 22. by King, Where the Sheriffe serves a (Fieri facias) and levies the sum, and doth not returne

the Writ, the party may have trespasse against him for le∣vying that; the same Law, if by a (Capias) the Sheriffe arrest one, and doth not returne the Writ, false Impri∣sonment lyes, 20 H. 7. fol. 13. 21 H. 6. tit. 6. B.

6 H. 6. Tit. 9. Trespasse upon the Case was brought against an Escheator, because he found an Office, that the party held of J. S. and he returned an Office, That the party held the moity of the King in Cheife, and by the Court it lyes, for he and the Sheriff are Officers of Record, but not Justices of Record; for there it was a∣greed that an Action doth not lye against a Justice of Re∣cord, 9 H. 6. fol. 60. the same, 12 H. 6. fol. 3.

47 Ed. 3. fol. 15. Conspiracy, in the nature of an Acti∣on upon the Case, was brought for that, that the Defen∣dant procured, and caused a false Office to be found, by which the Mannor was seised into the Kings hands, and he sued that out to the Losse.

21 Ed. 4. fol. 43. If the Sheriffe upon a Writ of second deliverance, makes deliverance to the Plaintif of the di∣stresse, and will not returne the Writ, so that the Defen∣dant may constraine the Plaintif to come and count, so that he may avow; the Defendant shall have remedy a∣gainst the Sherif, and this seems, by an Action upon the Case.

8 H. 6. fol. 1. Where in Precipe, the Sherif returnes a Summons, where he was not summoned, by which hee looses his Land, Action upon the Case lyes against the Sherif: See that deceit lyes.

19 H. 6. fol. 29. Action upon the Case lyes against the Sherifs Deputy, for imbezzeling a Writ of (Habeas corpora) and it lyes as well against him that stirrs up ano∣ther to doe it, as against a doer.

16 H. 6. tit. 38. by Paston, If the Sherif returne a man sufficient, upon a Venire facias, by which the next Sherif i•• charged of the Issues, he shall have an Action upon the Case against the Predecessor, for he cannot returne nihil against the returne of his Predecessor.

1 H. 6. fol. 1. Precipe, Where the Tenant looseth his Land, by default upon a false returne of the Sherif, as he returnes the Tenant summoned, where he was not, de∣ceit lyes, but if the Summoners were dead, Action upon the Case lyes.

38 Book of Ass. 13. Action upon the Case lyes against the Sherif, where he made a Precept to one, which was no Bailif of the Franchise, which returnes a Jury, by which this was quasht to the damages, &c.

41 Book of Ass. 12. Deceit in the nature of an Action upon the Case, lyes against the Sherif, for that, that one was outlawed at his Suit, and that the Defendant then Sheriff, would not return the VVrit to the losse, &c.

30 Book of Ass. 5. VVhere the Bailiff of a Franchise re∣turnes a Pannell to the Sheriff, and returnes another Pan∣nell of himself, this shall not be outed at the request of the Bailif, but they shall have their action of the case against the Sherif.

11 H. 6. f. 18. If a Lawyer be retained to looke over evi∣dence, and after he discovers that to another person, by which, &c. Action upon the case lies against him; con∣trary if he shew him his evidence, and do not retaine him.

15 H. 7. f. 14. By Fro: VVhere an Attorney appeares for a man without authority, and Imparles, where he might have pleaded misnaming, and by this hath lost the advan∣tage of this Plea; Action upon the Case lyes against him, for that, that he appears without authority.

9 Ed. 4. tit. 118. B. Where a Guardian pleads falsly for an Infant, or vouches one which is not sufficient to render in value to the Infant, the Infant shall have a•• Action of Deceit.

Action upon the Case against Executors.

ACtion upon the Case was brought against the Execu∣tors of J. D. and Count that J. S. bought things of the Plaintif, and J. D. undertook, if he payd not at the day, he would, and counts that he had Assets sufficient to pay all his Debts and Legacies, and sufficient to con∣tent him, and it lyes: Note, J. D. did not make the bar∣gaine and contract, but undertook for J. S. and upon As∣sumpsit he could not wage his Law, 12 H. 8. fol. 12.

27 H. 8. f. 29. Where Tatam was in execution, the De∣fendant saith, if he would discharge him out of execution, that such a Day he would pay him, if Tatam could not: the same Law, if he saith to a Baker, Deliver Tatam so

much Bread, and if he do not pay you such a Day, I will pay you; Debt doth not lie against me upon this Promise, but an Action upon the Case.

27 H. 8. f. 27. It seems if a man be indebted upon a sim∣ple Contract, leaves Assets, and dies, the Action upon the Case doth not lie against the Executors, for the Testator might have waged his Law, but he shall have a Quo minus in the Exchequer.

15 Ed. 4. f. 15. Where the Testator may wage his Law, as in Debt of Contract made by him, and borrowed, Debt doth not lie against his Executor.

Plowd. Com. f. 181. Action upon the Case was brought by Richard Norwood, against the Executor of Tho: Gray, and counts that the Testator in consideration of forty shil∣lings to him paid, undertook to deliver to the Plaintiff cer∣tain Corn at a Certain Day, and did not; and counts that the Goods and Chattels of the said Tho: Gray the Testa∣tor, at the time of his Death were sufficient to satisfie, as well all the Debts which the said Tho: Gray did owe to any person, or to any persons, at the time of his Death, as to satisfie the Plaintiff for the said forty shillings; and ad∣judge that this Action lies against the Executors. And if an Action upon the Case be brought against Executors up∣on a simple Contract, if the have no Assets but to pay Spe∣cialties, they may plead that, and shall not be charged.

4 Ed. 3. chap. 7. is, That an Executor shall have Tres∣passe of Goods carryed away in the life of the Testator, or before: an Action personal dies with the person.

7 H. 4. fol. 8. Executors shall have Eiectione firme by the equity of the Statute.

23 H. 8. Tit. 138. Waste, if a Termor make waste, and makes Executors, and dies, the Action of waste is gone, for it doth not lie against Executors, but for waste made by them.

Action upon the Case, for not performing his Promise, and Assumpsit, and the place, and how, where it shall be traversed.

WHere a man makes a promise, or an Assumption to doe a thing, and doth it not, and there is no specialty of that promise, he shall have an Action upon

the Case, and not a Covenant, for that it was not by spe∣cialty; as for a hundred pound paid, the Defendant bar∣gained, and sold his Land to the Plaintiff, and promised to infeoff him, and infeoffs another person, he shall have Deceit, or Action upon the Case, 20 H. 6. f. 36.

3 H. 7. f. 14. Action upon the Case, and counts that the Defendant for 10. l. took upon him to labor for the Plain∣tiff to J.S. that J. S. should let the Mannor of D. to him, and counts that the Defendant hath taken that to him∣self, the Action lies: so if he undertake for 10. l. paid, to infeoff him, and infeoffs another, for this mis-doing, an Action of the case lieth, 2 H. 7. f. 12. the same.

48 Ed. 3. f. 6. Action of the Case lies against him which took upon him to cure the Plaintiff of a Wound, and did not, and by his negligence the Plaintiff was worse.

3 H. 6. f. 37. Action upon the Case, and counts that the Defendant took upon him to make a Mill before such a Day, and did not, but held that he ought to have counted what he should have, for it shall be Quid pro quo, and o∣therwise the Action doth not lie.

2 H. 4. f. 4. Action upon the Case, and counts that the Defendant took upon him to make him a House, and it seems it doth not lie, I conceive that was, for that he doth not count what he should have for doing it, 11 H. 4. fol. 31.

14 H. 6. fol. 19. Action upon the Case, where one had bargained to him certain Land for a certain summ, and undertook that a stranger released unto him. Where a Carpenter covenants to make to me a House, or a Chyrur∣geon takes upon him to cure me of my Hurts, and they do not, for this not doing, it seems, an Action upon the Case lies.

21 H. 6. f. 63. If one for ten Markes bargaine with the Plaintif for two Pipes of Wine, and undertake to deliver them at D. and did not, an Action upon the case lies, though that sounds in Covenant, for that there is no spe∣cialty, and the same Law is of all other bargaines; and by Paston, bargained, sold, or bought: It is no diversity to one or the other.

19 H. 6. f. 49. Action upon the case that the Defendant assumed upon him to cure his Horse of a certain Disease, and that be negligently, and carelesly applied Medicines, that the Horse dyed, and it lies.

26 H. 8. Tit. 133. Action upon the Case, that the Plaintiff delivered Goods to the Defendant, and the Defendant for ten shillings undertook to keep them safe, and did not, to the losse, &c. The Defendant saith, that he had them not by the Delivery of the Plaintiff, good by Fitzh. and Shelley.

34 H. 8. Tit. 107. Action upon the Case in London, and counts that he was Possessor of Wine and Stuff, and showed that certain in such a Ship. The Defendant at London assumed for ten pounds, that if the Ship and Goods did not come safe to London, and are there landed, that then he would satisfie a hundred pounds to the Plaintiff; and that afterwards the Ship was robbed upon Trade, on the Sea; and for not satisfaction, he brought his Action; the Plaintiff doth not shew where he was possessed, and yet good, and the truth was, that the Bargain was beyond Sea, and not in London. But where the place is not local, it is not material, and though he were robbed upon the main Sea, the Action lies in London upon the Assumpsit. See after fol. 1.

19 H. 6. f. 49. Action upon the Case, that the Defendant at London took upon him to cure his Horse, and that care∣lesly he gave him a Medicine that the Horse died: the Defendant saith, that at Oxford in the County of Oxford, he took to cure his Horse, which saith, without that, that he undertook at London, and held a good Plea.

3 H. 4. f. 4. Deceit in Land of that, that the Defendant there did undertake, that the Lord should cause him, to have certain Copy-hold of the Mannour of D. in the County of Middlesex, and he assured that to others, and saith, that he might be sued where the Assumpsit was, or where the Land is. Inquire.

11 H. 4. fol. 4. Trespasse by Executors in Middlesex, of Money taken in the life of the Testator: the Defendant saith, that the Testator was indebted unto him, and de∣livered that to him in London, in the name of Pay∣ment, &c. and it is no Answer to the Trespasse in Middle∣sex, but he should say, without that, that you took it in Middlesex, as the Plaintiff suppose, and is good, 7 H. 6. f. 37. & 22 Ed. 4. f. 38. the same.

4 H. 6. fol. 12. Trespasse of a Close broken in D. Defen∣dant justifies in S. for Common appendant, and ought to

traverse, without that, that he is culpable in D. 22 H. 6. fol. 40.

9 H. 6. f. 62. Trespasse of digging a Turbary in D. in the County of Middlesex, he cannot justifie in the County of Essex, without that; that he is guilty in the County of Middlesex, for he may plead not guilty, if it be in another County, but in Trespasse local in D. the Defendant may justifie in S. in the same County, without that, that he is guilty in D. but in Trespasse transitory in D. Defendant cannot justifie in S. in the same County, without that, that he is culpable in D. yet in Trespasse of Battery, or Trespasse of Goods taken in D. in the County of Middle∣sex, and Defendant justifies in S. in the County of Essex, without that, that he is culpable in D. in the County of Middlesex, 5 H. 4. f. 2. 10 H. 7. f. 27. 11 H. 6. f. 20.

5 H. 4. f. 3. Trespasse of Sheep taken at D. in the Coun∣ty of Hartford: the Defendant justifies the taking in Smithfield in London, doing Damage, he ought to say, without that, that he took them at D. in the County of Hartford.

6 R. 2. chap. 2. That Writs of Debt and Account, and all such whatsoever hereafter shall be taken in their Coun∣ties: and it is ordained, that if hereafter it be declared, the Contract thereof to be made in another County, that then incontinently that Writ shall be quasht.

9 Ed. 4. fol. 48. By Needham, a man cannot plead in A∣batement of a Writ, and say, the Contract was made in another County, for the Statute is not intended, but where it appears by the Writ, that the Contract was made in another County; but before this time they have used to make Examination where the Contract was made, and upon that abate the Writ, if it were in another County, but this not used now. See 3 H. 6. Tit. 30. Examination, & fol. 36.

18 Ed. 4. fol. 1. Nusance, that a Mill was erected in D. in the County of Kent: the Defendant saith, that he and all his Ancestors have been seised of a Mill in the County of Essex, and the Mill fell by? Tempest, and he built it, with∣out that, that he is guilty of any Annoyance in D. in the County of Kent, and doth not traverse all the County, and yet good by the whole Court, for that, that the thing is local, and annexed to Free-hold; and contrary of beat∣ing,

or Goods carried away, which may be continued, and is transitory, 21 H. 6. f. 11.

2 M. Tit. 283. Traverse by, without that, of Trespasse of Battery, or Goods carried out, it is transitory, and is not local, as of Trees cut, and Grasse mowed; and therefore in Trespasse transitory, the place shall not make Issue, and is not traversable, no more then in Trespasse upon the Case upon an Assumption, and these may be continued; contrary of Trespasse local. See after Title Vill.

34 M. Tit. 268. Traverse by, (without that) Action for making false Cloth in Bartholomew Fair, London, against the Statute: Defendant saith, that he made them well and truly in D. in the County of E. without that, that he made them in Bartholomew Fair, London, as, &c. and it is good, 22 Ed. 4. f. 38. the same verbatim.

Bargains and Contracts.

For that your Actions of Debt are in Court Barons of Bargains and Contracts, it is convenient to speak something of Bar∣gains and Contracts, and where the Cause or Duty is tra∣versable, and where otherwise adiudged, what is a good Plea, and what Pleas he shall not have, for that he may wage his Law.

DEbt of that, that he let one Chamber, and Board for his Wife and Son, for every Week six shillings, it is a good Plea, to say, that he did not let the Chamber, for he destroys the Contract in part, and it is intire, 9 Ed. 4. fol. 1.

21 Ed. 4. f. 26. If the Plaintiff sell two Horses for forty shillings, and counts in Debt, that the Defendant bought a Horse for forty shillings, the Defendant may say, that he owes him nothing, in manner and form, or vary from the Contract, and the Jury upon pain of Attaint ought to finde for the Defendant; the same Law is, if he sell one Horse, and counts that he bought two Horses for forty shillings; or if he sell a Horfe for forty shillings, and count that he bought an Oxe for forty shillings, upon pleading that he oweth him nothing in manner and forme, this is material to aid the Defendant.

3 H. 6. fol. 51. Debt and counts for Tallow bought for forty shillings: the Defendant saith, that he bought the Tallow for three shillings and four pence, which he is rea∣dy to pay, and to the remnant wages his Law, and had it.

14 H. 8. fol. 17. If I sell Goods for so much as J. S. shall say, it is no Bargain forthwith, and yet if he sell them to another, before J.S. saith, what he shall pay, Action upon the Case it seems lies.

14 H. 8. fol. 20. If Lessee for years grant his Interest to one upon Condition, that he obtain the good will of the first Lessor, and pay so much as he shall arbitrate, and he obtain his favour, this is a good Contract: but there a∣greed, that is but a Communication without (Quid pro quo) forthwith, or at the Day agreed, as here. If you say, that you will give to me ten pounds for my Horse, and you do not pay forthwith, it is no Bargain; but if you be telling out your Money, he cannot sell that to another in the mean time, for there was no fault in you: but if Agreement be, that you shall give ten pounds for my Horse, and I give a Penny in earnest, that seems a perfect Bargain, and you shall have the Horse, and I shall have the Money by Action of Debt, 15 H. 7. f. 6.

10 Ed. 4. f. 21. If a Preist be hired to sing for ten pounds per annum, he is not compellable to serve, as a common Laborer is, but if he depart within the terme, his Wages is intire, and shall have nothing, and there it seems if one sels his Horse to me for twenty shillings, he may keep him till I have paid him.

17 Ed. 4. f. 1. Trespasse of Corn taken: Defendant saith, the Bargain was, that the Defendant should go to J. S. and see the Corn, and if they liked upon the view, and gave forty pence for every Acre that he should have it: and saith, that he liked them upon the view, and took them, and it is no good Plea; for notwithstanding the Bargain was, that he should have upon his good liking upon view, yet it is upon giving sorty pence for every Acre also, and he cannot take them before he pay, for that is parcell of the Contract. And so if one agree upon the price for Wares, he cannot take them before he pay, unlesse he have Day of Payment given unto him.

18 Ed. 4. f. 6. The Husband sels Trees growing upon the

Land of his Wife for twenty pound, and the Buyer takes part of the Trees, and paid ten pound, and after the Wife died without Issue, so that the Husband shall not be Te∣nant by the Curtesie: The Husband shall have Debt for the ten pound, for that, that the contract was intire, and yet the Buyer shall not have the residue of the Trees. And where one sells another mans Horse, which he hath by wrong for ten pound, out of an open Market, and the ow∣ner take the Horse, as he may; yet debt lieth for the ten pound, for that, that the Contract was once executed, and by Brian, if one sells a Horse for ten pound he may keep him if he will till he be paid.

20 H. 6. f. 22. A man seised in fee of land, sels the trees, and after makes a Feoffment in fee to another before the cutting, the buyer shall have the Trees.

21 H. 7. f. 6. by Fineux, If one ask the price of a Cloth of a Merchant in London, and he saith, twenty shillings, and the party saith he will give it, and he takes the Cloth the Merchant may have action of Debt for the twenty shil∣lings, or keep it till he be paid, and if the other take it a∣gainst his will, he shall have trespasse at his choise

14 H. 8. f. 17. If I sell my Horse for so much as J.S. shall say, it is said it is no bargaine forthwith, but if he sell that to another before J.S. have said what he shall have, I shall have an action upon the case.

23 H. 6. f. 50. Debt, the Plaintif counts that he sold twenty Acres of land to the Defendant for twenty pound, which he demanded, and by Newton though the Plaintif do not infeof the Defendant, yet he shall have Debt, and the Defendant shall have an action upon the case against the Plaintif: See, 3 H. 7. f. 14.

2 H. 7. f. 12. Action upon the case lies for that, that the Defendant hath bargained and sold to him lands, and that he hath infeoffed another of them and the Defendant traverses the Feoffment to another, and that proves that this is the cause of his action and not the bargaine.

18 Ed. 4. f. 16. If the bargaine were that the Plaintif should give ten pound for so much wood, if he liked it, or it pleased him upon the sight thereof, this is a bargain at the buyers pleasure: Now if first upon the sight they disagree, then it is a void bargaine, though he after a∣gree

to it, and if he agree upon the sight it is a perfect bar∣gaine, though after he disagree.

5. H. 7. f. 41. One sells Goods or Wares, and after the Sale he warrants them, this warranty made at another time then at the Sale is void.

9 H. 7. f. 22. If the Seller warrant the thing sold, the Buyer may have deceit; though he hath not paid the Mo∣ney, for the Seller may have Debt.

10 H. 7. f. 7. Agreed by the Court, If I sell certaine Goods to another for a certaine sum, although he do not pay the Money, if a day of payment be appointed, that is a good bargaine, and the property altered by this sale. And by Hussey and Bria••: A Victualler shall be compelled to sel his victuall, if the Buyer tender him ready payment, and otherwise not, 39 H. 6. f. 18. contrary by Prisot.

21 H. 7. f. 6. By Fineux, If one demand the price of a Cloth of a Merchant in London and he saith twenty shillings, and the party saith he will give it, and takes the cloth it is in e∣lection to make that a bargaine, and to have an action of debt, or to keep it, till he be paid, and if the other take the Cloth by reason of this bargaine, against his will, he may have action of trespasse.

Plow. Com. f. 309. Where one undertakes by word to make a House without consideration, that he shall have no action.

Plow. Com. fol. 11. There saith, That bargaines, or agree∣ments conditionall, shall be said good; after that the con∣dition is performed, but before they are but words.

44 Ed. 3. fol. 21. Where one becomes suerty for J. S. and in consideration, will give him longer day of payment, if J. S. do not pay he will, action upon the case lies

27 H. 8. f. 33. If I sell to you twelve barrells of Ale, you shall not have the barrells but the ale, but if it were twelve barrells of Wine it is otherwise, for this is the usage and intent.

1 H. 7. f. 13. Debt upon buying Oyle, for a hundred Markes paid, and so, though of simple contract, it seemes the Defendant may say, that he bought with condition that he should pay when he had uttered them, without that that the Plaintiff sold in manner and forme, though he might have waged his Law.

21 Ed. 4. f. 49. Debt of buying a Horse at I. in the Coun∣ty

of Middlesex: Defendant may say that he bought him in London, upon condition, without that, that he bought him in I. in the County of Middlesex, but he cannot say that he bought him in another County, then the Plaintiff counts, unlesse it were that he pleads, that it was upon condition.

33 H. 6. fol. 49. Debt, The Defendant cannot traverie the Contract, where he may wage his Law, but the Defendant may say, that the bargain was upon condition, and so tra∣verse that, 21 Ed. 4. fol. 28.

34 H. 6. f. 46. Debt upon a bargaine at D. the Defen∣dant cannot say that it was upon condition at S. in the same County, but in another County he may.

8 H. 6. fol. 53. Debt upon award upon arbitrement, it is no Plea for the Defendant to say, that he never submit∣ted to their award, for that he may wage his Law, he can∣not traverse the cause of the duty.

9 Ed. 4. f. 39. Where a bargaine is to pay to the Plaintiff sive shillings, or a gown such a day, it is at the choise of the Plaintiff after the day, to demand one or the other which he will.

8 H. 6 fol. 53. Debt upon Contract, he cannot say no such Contract, or that he did not buy, for he cannot tra∣verse the cause of the duty, where he may wage his Law, 38 H. 6. fol. 22.

11 H. 7. fol. 4. Where a man may wage his Law, he can∣not plead-payment in a forraine County. But in Debt up∣on a Lease for yeares by Indenture, the Defendant may plead payment in a forraine County, and that is good, but in the same County he ought to conclude, and so he owes him nothing, 10 H. 7. f. 4.

20 H. 6. f. 17. Debt upon arrerages of account, payment in another County without concluding, and so he oweth him nothing, is good, but where he may wage his, Law his Plea is not good.

22 Book of Assises 41. VVhere one undertakes to carry his carriage in a Boate and over-chargeth it, by which his loading perish, action upon the case lies.

42 Book of Ass. 8. Action upon the case lies against J.S. for that, that the Plaintiff had credit in J.S. and bought of J. S. an Ox, as his Goods where it was the Ox of J.D.

27 H. 8. fol. 34. It seems if you pay to me twenty pound

that then you shall have my Lease, and terme of years, this is but a Communication, if you do not pay, and it is a Bargain conditional, that is, at your choice.

Doctor and Student, 104. Promise and assumpsit, for a thing past is not good. Inquire: as I promise to give to you forty pounds, for that you have built me a House, it is no good Contract, for it should be perfect at the time of the Contract.

27 Ed. 3. Tit. 6. Apportionment, Br. A man retained to serve for a year, for ten pounds at two Feasts, and the Master dies after the first Feast, he shall have Wages but for one Feast; but where he was retained for ten pounds, whole by the year, and he departs within the year, he shall have no Wages, for Contract shall not be appor∣tioned.

21 Ed. 3. Tit. 83. Debt, where a man payes ten pounds for teaching his Son three years, the Son shall not have the ten pounds again which is paid, but if the Money were not paid it is otherwise, for the Cause ceasing the Effect ceaseth.

1 H. 6. fol. 8. By Bab. If I be your Debtor in twenty pounds by a simple Contract, and I give you a Bond for the same, if you bring Debt upon the Bargain, I shall plead this well in the Dischage thereof.

3 H. 4. fol. 20. Debt of twenty pounds upon a Contract: the Defendant saith, that the Plaintiff after took a Bond of ten pounds, parcell of it, and held a good Plea to the whole Bargain; for a Bargain determined in parcell, is determined in all, for it is intire.

19 H. 8. Tit 29. If a man be indebted to me by Bar∣gain, and after gives me a Bond for the same Debt, the Bargain by that is determined, for in Debt upon the Bar∣gain, it it a good Plea, that he hath a Bond for the same Debt; but if a stranger make to me a Bond for the same Debt, yet the Contract remains, for that, that it is by an∣other person, and both are now Debtors, 21 H. 7. f. 5.

11 H. 4. f. 23. If one takes my Beasts by wrong from my Bailiff, and after I give them to him; by Hank. Bailiff shall have no Trespasse.

2 Ed. 4. f. 15. By Danby, Needham, and Moyl, If I deliver Goods to J.S. and a stranger takes them, and after I give the Goods to another stranger, this is a good Gift: but

Littleton saith, that the first stranger hath property as Tres∣passor, and for that he doth not allow the Gift good.

6 H. 7. f. 9. By Brian, A man cannot give or release his Right by word, though it be a personal thing. Inquire.

10 H. 7. fol. 27. By Brian, if a man take my Goods by wrong, and I give them to him, that the Gift is void, as well as if they were given to a stranger: but Keeble would that to be good, and inure as a Release, and said, that Re∣lease by word of a Chattell, is good as well as with a Condition.

21 H. 6. fol. 43. It seems one may contract, and sell all his Tithes of his Parish for seven years to come, or the profits of his Court for seven years, and it is good.

42 Ed. 3. fol. 24. One may contract and grant, that he shall not be impeached of Waste, and dispense with a thing that is not in being, for that, that Grant is a Cove∣nant, but he cannot release the Waste to come.

9 H. 6. fol. 12. Where the Queen grants twenty pounds out of the great Custome of London, the Custome is not a thing in being, but is paid by chance, and for that the per∣son of the Queen is charged by a Writ of Annuity.

6 H. 7. fol. 5. It seems that the King may grant a thing not in (being) if that sound in Covenant, as to be dis∣charged of Tithes, or of collecting of Tenths to be grant∣eb by Convocation.

4 H. 7. f. 10. If on the first Day of May, lets to begin at Saint Michael next, the Lessee may grant or sell that terme before the Feast of Saint Michael, but not release or sur∣render that, 22 Ed. 4. Tit. Grants, 110.

24 Ed. 3. Tit. 47. Grants, Br. If a common person grants award, and so from Heir to Heir, till one of them come to full age: it is not good for award which shall fall after∣wards, contrary of such a grant made by the King.

12 Ed. 4. f. 3. Where a common person hath but right of Reversion, he cannot grant it; and so it seems he cannot grant an Escheat of his Tenant, before that fall.

Fitzh. 120. K. If one promise another ten pounds to marry his Daughter, and he marry her, this is Contract in our Law, upon which he shall have Debt. See 14 Ed. 4. f. 6. & 15 Ed. 4.31.

Fitzh. 44. If one promise another ten pounds to marry his Daughter, if he marry his Daughter it is a good Con∣tract

in our Law, and if he sue for that ten pounds in Court Christian, Prohibition lies; but if he promise one with his Daughter in Marriage ten pounds, he shall sue for that in Court Christian.

17 Ed. 4. fol. 4. If a man promise a certain summ of Mo∣ney to another to marry his Daughter or Servant, which he marries accordingly, Debt doth not lie, for it is Spiri∣tual, contrary, Rogers and Sulyard; for it is (one for ano∣ther) though it were said, contrary, and the reason was, it shall be sued in the Spiritual Court for this Cause.

22. Book of Assises, 70. If one promise, that if he will marry his Daughter, he shall have ten pounds, this is a Contract, this is a Promise in our Law, and he shall have Debt: but if he say, he will give with his Daughter ten pounds, he ought to demand that before the Ordinary.

45 Ed. 3. f. 24. Where Covenant was by Deed between the Plaintiff and Defendant, that if the Plaintiff took to Wife the Daughter of the Defendant, that then he shall be bound to him in a hundred pounds; and if he takes her to Wife, Action of Debt lies, and the Court shall not be out of Jurisdiction though that touch Matrimony, for that, that this was by Deed, but otherwise it is, if it were with∣out Deed.

37 H. 6. f. 9. By Prisot, if an Agreement be made, that A. shall take the Daughter of B. in Marriage, and if he marries her there it is said, that he shall not have Debt; for it seems it is not (Quid pro quo) Inquire: for if one sels a Horse for ten pounds, and hath no Horse, yet he shall have Debt for that, and yet it is not (one for another) and where I sell my Land in D. for ten pounds, Debt lies, and yet he hath not the Land before Livery.

27 Book of Assises, 29. Where a man sels all the Trees in his VVood, and agrees that the same Buyer shall not cut them before Michaelmas next, if Hauks in the mean time are in the Trees, it seems that the Seller shall have them.

14 H. 8. fol. 1. If a man let Land, except the VVood and under-wood, and Hernes and Shovelers make their Nests in the Trees, the Lessor shall have them, for the Trees are excepted, and the Nests in the Trees; and the same Law of Akorns, which come by reason of the Trees.

7 H. 7. fol. 5. If a man sell a Lease of Land, and certain

Cloth for ten pounds, the Contract is intire, and cannot be severed: and if one of them were by defeasible Title, and devested from the Vendee, yet the Seller shall have the whole summ, for the Contract is intire, and cannot be severed. See 12 H. 8. f. 13. & 9 Ed. 4. fol. 1.

9 H. 7. f. 22. If a man sell stuff for forty pounds, and de∣liver the stuff, and no Money paid, nor Day appointed, yet it is a good Bargain, and he shall have Debt for the forty pounds: but 11 H. 4. f. 33. If one assume to make the Plaintiff a House before such a Day, and doth not, unlesse it be for such a summ of Money, Action upon the Case doth not lie, for it is a naked Bargain.

9 Ed. 4. f. 54. By Littleton, if a man recovers in Debt up∣on a Contract, and doth not take Execution, yet he can∣not have new Action of Debt upon the Contract, for the Contract is determined by the Judgement, and the nature of the Duty changed to a Record. And by Danby and Moyle, in Account, Debt, Trespasse, and such like, it is no Plea, that the Plaintiff at another time recovered in them, unlesse he said, that he had Execution also; contrary Littleton and Choke. See there in Debt upon an Obligati∣on seems contrary.

2 R. 3. f. 14. Where one brings Detinue, and is barrd by Law waging, he shall not have an Account afterwards; for Detinue affirmes property in him, and Account dis∣affirmes that.

12 Ed. 4. fol. 13. Where is a Barr by waging of Law in Detinue, one shall not have after an Action upon the Case, for negligent keeping the thing, as it seems.

40 E. 3. fol 27. Where in Trespasse one recovers in Lon∣don, and be brought in (the thing judged) he cannot re∣fuse this Judgement, and sue for the Trespasse in a higher Court.

20 H. 6. fol. 12. Trespasse of Goods taken, it is a good Plea that you at another time brought Trespasse against me, and J. S. and that J. S. appeared, and pleaded not guilty, and it was found against him, and that the Plain∣tiff had Judgement, for it is carried in Damages, and re∣duced into the thing judged, and may have Execution at his pleasure: but otherwise it is in Debt, for there it is not a good Barr, unlesse he pleads, that he had Judgement, and Execution against one.

23 H. 8. Tit. 105. Action upon the Case, Debt of twen∣ty pounds, if the Defendant hath waged his Law in this Action, and the Plaintiff brings an Action upon the Case, it is a good Plea for the Defendant to say, that at another time he was barred in Debt for the same, by waging of Law, 2 R. f.

Trespasse, if in Debt, or other Action in the common Bench, the Defendant pleads Recovery of that in a Court of Franchise, or that the Plaintiff is barred in a Court of Franchise, though it be not of Record here, yet it seems that the Defendant shall have advantage of Record, and otherwise shall be a mischeif. 46 Ed. 3. f. 17.

17 Ed. 3. Tit. Barr, 246. Debt upon an Obligation, it is no Plea, that at another time before the Mayor of London, the Plaintiff recovered upon the same Obligation against the Defendant, and had Execution, it is no Plea, for that, that the Obligation was not Damnum, nor the Defendant doth not shew Acquittance, and the Plaintiff by Award of the Court recovered.

4 H. 7. f. 8. Three bound in an Obligation, joyntly, and severally; it is no Barr for one to say, that he recovered against another; but that he recovered, and had Execu∣tion, is good; and he ought to shew Acquittance of the Payment, or otherwise, he shall be charged.

5 Ed. 4. fol. 5. Debt by severall Precipes against two by Choke, where he hath Execution against one, he shall not have against the other afterwards.

22 Ed. 4. fol. 7. Two are bound in an Obligation joynty, and severally; if I have Execution against one, this is a Barr against the other, but not Judgement onely.

Husband and Wife.

What Contract and Act of a married Wife, Bailiff, and Servant, shall binde the Husband, or Master, and what not.

A Married Wife hath no Will, but the Will of her Husband, and for that, if a married Wife sell or give Goods, and the Husband agree before or after it is good; and it is his Will, and his Sale; and if the Bargain be advantage or disadvantage to the Husband, Agreement

of the Husband makes it good: the same Law of an As∣sumpsit, made to a married Wife, to deliver one out of Execution.

21 H. 7. fol. 40. The Husband shall not be charged by a Bargain of the Wife, but if it come to the use of the Hus∣band, and he agree, it is good: but if it come to the use of the House, if he hath not notice of it, or that it was not bought by his commandement, he shall not be charged, by Fineux, for a married Woman cannot do any thing, which may turn her Husband into prejudice, and contra∣ry of that which is for his advantage: but if I command my Wife to buy a thing necessary, and she buyes it, and comes to my use, this generall commandement (it is said) shall binde me, though I do not expresie what things: but if my Wife without my commandement buy a thing for my Houshold, as Bread, &c. and I have no knowledge of it, though that be spent in my House, I shall not be there∣of charged, by Fineux.

11 H. 6. fol. 38. By Martin, it seems the Husband shall be charged for necessary Apparrell of his Wife, but not for superfluous Apparrell; for Martin saith, if my VVife buy of a man, and she arrayes her self better then belongs to her Estate, I shall not be charged to pay this stuff taken up, though it come to the use and profit of the Husband, for that, that the VVife of necessity ought to be apparrel∣led, but for that that passes her Estate, her Husband shall not be charged.

20 H. 6. fol. 23. By Newton, buying by the VVife or Ser∣vant, though it come to the use of the Husband, or Ma∣ster, it shall not charge the Husband or Master, Nat. Brev. fol. 61. the same. Note, there ought to be Assent and Agreement of the Husband and Master, if they shall be charged, is to be intended upon that.

Doct. & Stud. f. 137. N. If a man send his Servant to sell a thing, which he knows to be defective, and commands him to sell it to such a man, Deceit hes; but if it be gene∣rally, to whom he could, it lieth not against the Master, 9 H. 6. f. 254.

Fitzh. 120. F. A man shall be charged in debt for a bargaine of his Bailiffe, or his Servant, where he gives authority to his Bailiff or his Servant to buy and sell for him, and so for a bargaine made by his Wife, if he give authority to his Wife, and otherwise not.

34 Ed. 1. tit. 163. Debt F. held there, That where a Woman receives ten Quarters of Corne to the profit of the Husband, he shall be charged; but where he counts, that the Wife borrowed ten Quarters of Corn, which came to the profit of the Husband, he shall not be charged in Debt.

13 R. 2. tit. 50. Account, Where Tonels of VVine are delivered to a marryed Wife, if the Husband agree to it, he shall be charged, and otherwise not.

27 Book of Ass. 5. If a man hath a Bailiff knowne, and who hath used to fell the Beasts of his Master at the Mar∣ket, this is a good sale, though he hath no speciall VVar∣rant to fell his Beasts: And if such a Bailiff pledge the Goods of his Master; that is, Oxe or Horse, for Corne, which comes to the use of his Master, the Master shall not have trespasse of the sale or pledging.

8 Ed. 4. fol. 13. If I make a man my Bailiffe of my Mannor, he cannot make a Lease of the Mannor, nor of parcell, without speciall commandement of his Master to doe it, for that shall not bind the Master.

8 Ed. 4. tit. 14. Contract, Brook, If a man send his ser∣vant to buy certaine Goods, or his Factor or Attorney, to buy for him Merchandise, and he buy, &c. The Master shall be charged, though that the Goods never came to his hands, and though that the Master have no notice of that; and the Master cannot countermand without no∣tice given to the Servant, Attorney, or Factor, by Pigot and Fairfax,

2 Ed. 4. f. 5. If my Servant in Cheapside which hath pow∣er to sell, give my Wares, it is sayd I shall have trespasse against the Receiver; but if I deliver Goods to keep to my use, and hee gives them, I shall not have trespasse, for he hath no notice whose Goods they are, as in the case of a Servant.

Doctor and Student, fol. 137. If the servant borrow Mo∣ney in the name of his Master, his Master shall not be charged, unlesse they come to the use of his Master, and by his commandement: The same Law of a bargaine made by the servant; but if the Master send his servant to buy things, and he buyes them, the Master shall be charged; And if he buy a thing, and doe not speak of the Master, and it comes to the use of the Master, the Master shall be charged.

2 R. 2. Slatham, fol. 65. Debt is maintainable against the Master of a thing bought by his man, if the Goods come to the use of his Master, notwithstanding that his servant have no warrant of his Master to doe it, if it be so that he be knowne to be his servant.

11 Ed. 4. fol. 7. If a servant which hath authority to sell and warrant the thing, deceit doth not lye against the Master if it be corrupt.

21. H. 7. fol. 27. by Rede, If I command my servant to distraine, and he rides upon the distresse, he shall be pu∣nished and not I.

How shall the Husband have by his Wife, Goods and Chat∣tells, whereof hee takes charge, and how hee shall be charged for the Wife.

IF a man take a Wife which hath Goods, now the Goods are in the Husband, 26 H. 8. fol. 4.

Plowdens Commentaries, fol. 418. A woman which hath a Lease for yeares, or Goods, takes a Husband, they are in him.

7 H. 6. fol. 1. If a woman have a Lease for yeares, and takes a Husband, this is in him, but if he grant a rent charge out of that and dyes, the Wife shall have the terme discharged: And by Strange, If an Obligation be made to a woman sole, and shee take a Husband, he may release that; but if the Husband suffer the Obligation to remaine and dyes, the VVife shall have that, and not the Executors of the Husband, 9 H. 6. fol. 52. the same.

21 H. 7. fol. 29. VVhere a woman is Executrix, and takes a Husband, the Goods of the Testator vests in the Husband, and if the Husband give or release them, he may, but if the Husband dye, and doe not release them, they re∣maine to the woman againe.

Fitzh. fol. 69. If Beasts of a lone woman be taken, and shee take a Husband, he alone shall have a Replevin, for that that the property is in him onely.

Fitzh. 142. I. If a man have the VVardship of one in the right of his VVife, and after his VVife dyes, yet he shall hold that, for it was a thing vested in him.

Perhins 107. VVhere the Husband hath ret••ne in right of his VVife, and he aliens that and dyes, his VVife shall

not have that, but if he doe not alien that and dyes, shee shall have it.

Perkins 165. A man hath twenty yeares terme in right of his VVife, and lets for ten yeares, rendring rent and dyes, his VVife shall have the Rent, and the residue of the terme.

Fitzh. 119 O. If a man takes a VVife, which was indebt∣ed to other persons, the Husband and the VVife shall be ••ued for this debt, living the VVife; but if the VVife dye, the Husband shall not be charged, unlesse it were recoverd during the Coverture.

Fitzh. 121. If a man lets Land to a VVoman for life, rendring Rent, and shee takes a Husband, and after the Rent is behind, and the VVife dyes, the Husband shall be charged, for that that he took the profit; otherwise it is of an Obligation made by his VVife before marriage, the Husband shall not be charged, unlesse recovery were of that during the marriage.

Fitzh. 121. D. A woman hath Rent for Dower, and takes a Husband, and the Rent is behind, and the VVife after dyes, the Husband shall have Debt for this Rent: But if a man be bound to a woman, and she takes a Hus∣band, and the day of payment comes during the marriage, and after the VVife dyes, the Husband shall not have debt upon this Obligation, for that that it was a duty to the VVife, and a thing in action before the marriage.

Essoyne.

AFter that any hath put himselfe into any Inquest, who hath appeared or might have appeared in these VVrits, shall have but one Essoyne, or one default, &c. West. 2. chap. 27. Marlcbridge chap. 13.

Marlb. chap. 19. Of Essoynes it is provided, that in Counry, Hundred, or in Court-Baron, or other Courts, none shall have need to sweare to warrant his Essoyne.

Westm. 1. chap. 42. For that, that Demandants which bring actions against many Coparceners and Joynt-Tenants, they often avoid by Essoyne.

It is provided, that those Tenants shall not have Essoyne but for one day, no more then one sole-Tenant should

have, so that now he cannot avoid, but only have an Es∣soyne, see Marleb. chap. 9.

Westm. 1. chap. 43. If one be essoyned as beyond the Seas, where he is in England day of the Summons, it is provided that this Essoyne be not allowed, if the Demandant will a∣verr that he was in England, the day that the Summons was made, and three weekes after: But let it be adjour∣ned.

And if the Tenant be attaint which was in England, day of the Summons, and three weeks after, the Essoyne shall turne to him for a default.

Westm. 1. chap. 41. In a Writ of Assise, of Attaints, and Juris utrum, provided it is for travaile of Jurors, that if the Tenant once appeare in the Court, never after no Tenant can essoyne him.

Glocester 1. chap. 18. Provided that in other Pleas then Trespass or Attachments and Distresse lying, if the De∣fendant make himself to be essoyned of the Kings Service, and doth not bring his Warrant at the day which is given unto him by his Essoyne, he shall render to the Plaintif Dammages of the torne of twenty shillings, or of more; according to the discretion of the Justices, and be in the Kings mercy.

Westm. 2. chap. 12. There lies not for one that brings an appeale of the death of a man, an Essoyne.

West. 2. chap. 17. In the Circuit of the Justices, there is no Essoine admitted of being sick in bed, of a Tenement, unlesse he which makes himself to be Essoyned, truly be sick, for if it be excepted against by the Demandant, that the Tenant is not sick, nor in that state that he cannot come before the Justices, they will receive a reproach, and if this be disproved by an Inquest, let that Essoyne be tur∣ned to a default, neither lies that Essoyne in a Writ of right between two claimings by the same discent.

West. 2. ch. 27. After that any hath put himself upon any Inquest, at the next day let there be an Essoyne allowed to him, but at other dayes following by Essoyn, let there be no deferring of taking the Inquisition whether he first had an Essoyne or not, neither let any Essoyne be admitted, after the day given, by the request of the parties, in case that the parties consent to come without an Essoyne.

Westm. 2. chap. 28. When by the Statute of, Westm. 1. chap.

41. It is appointed, that after the Tenants have once ap∣peared in the Court, there shall be no Essoyns allowed them in VVrits of Assise, in the same manner from hence let it be observed of Petitioners.

The Statute of Essoynes questioned, 12 Ed. 2.

That Essoynes do not lie in these following Cases, that is,

There lies no Essoyn:

Because, the Land is taken into the Kings hand.

Because, he is restrained by Land.

Because, there is granted to him from hence Judge∣ment, if the Jurors come.

Because, he was seen in the Court.

Because, at another time he essoyned himself, as being not able to come.

He shall not be essoyned, as being beyond Sea.

Because, such a one essoyned him such a Day.

Because, it was commanded the Sheriff, that he should make the party to come, 41 Ed. 3 f. 29.

Because, a VVoman is not in the Kings Service, but because a Nurse, Midwife, or sent for by a VVrit, to in∣spect the Belly.

Because, she seems to be deceived in her Dower, and deferring of Right.

Because, such a Complaint hath not found Sureties to prosecute.

Because, the Attorney was essoyned.

Because, he hath an Attorney in his Complaint.

Because, he is essoyned, witnessed, &c. that he is not in the Kings Service.

Because, the Summons is not testified, or part of the Return not attached.

Because, at another time he was essoyned of the Kings Service, and now did not send his VVarrant.

Because, re-summons was in the last Presentment, or Death of his Ancestor, 30. Book of Assises 51.

Because, such a one is not named in the VVrit.

Because, it was commanded the Sheriff, that he should distrain him to come by his Land and Chattels.

Because, it was commanded the Bishop, that he should make him come.

Because, the time was past.

But it is to be known, that an Essoyn of the Kings Ser∣vice is allowed after the great Cape, and the small Cape.

1 H. 6. f. 4. Trespasse, Issue was if the Land were the Free∣hold of the Plaintiff, or of the Lessor of the Defendant, and after Issue the Defendant prayed aid of his Le or, and at the Summons returned, the Prayee was essoyned, and at the Day which he had by the Essoyn he joyned, and at the (Venire facias) returned, the Prayee cast Essoyn, and it lies, for that that the Statute is, Por••quam, &c.

44 Ed. 3. fol. 38. Precipe, the Tenant tenders his Law, and this is at Issue, for that after he shall have but one Essoyn, 37 H. 6. f. 2. The Plaintiff was essoyned at the Day of the Law, 9 H. 5. f. 5 the same.

48 Ed. 3. fol. 21. One is essoyned after Issue in London, and at the Day in Bench upon a forreign matter, is there essoyned again, for it is the first Day in Bench.

21 Ed. 4. f. 19. Debt, Issue was upon the custome of Lon∣don, and upon VVrit to certifie that, Defendant essoyned, and lieth after Issue by the common Law, for after every mean Appearance, it lies by the common Law, though the Statute be (after Inquest) which is not here, and for that the Essoyn is allowed.

21 Ed. 4. f. 19. Debt, Issue was upon the custome of Lon∣don, and upon a VVrit to certifie that, Defendant is es∣soyned, and it lieth after Issue by the common Law, for after every mean Appearance, it lies by the common Law, and though the Statute be after Inquest, this is not here.

34 H. 6. f. 18. Precipe, the Tenant prayes aid of him in Reversion, and had it, and at the Summons to aid him re∣turned, the Prayee was essoyned, and had a Day of that Essoyn, and at the Day of that Essoyn the Tenant was es∣soyned, and had it.

22 Ed. 3. fol. 4. Quare impedit, the Plaintiff was essoyned at the (Distringas Juratores) and the Inquest came and ad∣journed, but it seems that the Defendant shall not be es∣soyned at this Day.

25 Ed. 3. f 38. Scire facias, the Tenant pleads to the Is∣sue, and at the next Day would have been essoyned, and could not, for it is delay, which shall not be in a (Scire facias) by the Statute of Westm. 2. chap. 45.2 H. 7. fol. 10.39 H. 6. f. 53.

1 H. 7. fol. 8. There was an Essoyn cast upon an (alias ve∣nire facias) where the first was not served.

1 Ed. 3. f. 38. VVaste, Venire facias was abated first, and at the second Venire facias, Defendant was essoyned, and that allowed, for the first was as nothing.

9 H. 5. fol. 12. Dum non fuit compos••mentis, Venire facias a∣warded, and not returned, and Sicut alias returned, the Tenant was essoyned, and it doth not lie, for it is not the first Day after the Issue.

3 H. 6. fol. 57. Debt, the parties were at Issue, and a Di∣stringas Juratores returned, at which Day the Defendant cast an Essoyn of the Kings Service, and that Essoyn was not allowed.

14 H. 6. f. 20. The Plaintiff cast an Essoyn, at the Habe∣as corpora Juratorum, and this turned upon him in De∣fault, for the Essoyn doth not lie at the second Day, nei∣ther for the Plaintiff, nor for the Defendant, but is outed by the Statute, Westm. 2. chap. 27. which is Postquam ali∣quis, &c. And this Statute is intended as well for the Plaintiff as the Defendant.

12 H. 4. fol. 24. VVhere an Essoyn de malo veniendi, was before the Statute of Marlebridge, chap. 19. The Essoyner swears, that he was sick.

2 Ed. 4. f. 16. VVhere Essoyn of Service of the King is cast in, it seems that the Essoyner shall be sworn, for that, 19 H. 6. f. 51. the same.

20 H. 6. f. 22. VVhere one is essoyned of the Kings Ser∣vice, the Essoyner shall be examined, and sworn upon a Book, if he be in the Kings Service or not, and not as he is informed, otherwise the Essoyn shall not be al∣lowed.

27 H. 6. fol. 2. Debt, the Defendant offers to wage his Law, and had Day, &c. and at the Day the Plaintiff was essoyned, and after at that Day the Defendant was es∣soyned, and after at that Day the Plaintiff cast in another Essoyn, and it lieth well by the Court, for so long as the Plaintiff and Defendant agree, they may fourch by Es∣soyn.

9 H. 6. fol. 21. Quem redditum reddit, against two, held that they cannot fourch by Distresse or Essoyn: Note, that by 33. H. 6. f. 6. Essoyn doth not lie in this Action, for that that this is Judicial.

2 Ed. 4. fol. 20. Dower, against A.B.C. and at the Day A. makes Default, and B. was essoyned, and C. appears, and the same Day given to C. and at the Day A. made ano∣ther Default, and B. appeared, and C. cast the Essoyn, VVell, for every one shall have an Essoyn, notwithstand∣ing the Statute of Marlebridge, chap. 19. but after they shall not have more Essoynes.

48 Ed. 3. fol. 20. Precipe, against the Husband and his VVife, before Appearance, each one may be essoyned after other, but not after again, 4 H. 6. f. 6.9 H. 6. f. 44.

3. H. 7. f. 13. Precipe: the Tenant was essoyned, and after vouched, and the Vouchee was essoyned, at the Day the Tenant was essoyned, and it doth not lie, 22 Ed. 4. f. 14.

22 Ed. 3. fol. 5. Precipe, against three at the Summons, one was essoyned, and others have the same Dayes, at which Day another was essoyned, and the same Day, &c. and the Essoyn adjourned, but after they have all appear∣ed, they cannot fourch or avoid.

29 Ed. 3. fol. 25. Formed on, against a Husband and his VVife, and at the first Day the Husband appeared, and the VVife was essoyned, and at the second Day the VVife appeared, and the Husband is essoyned and allowed, but after that they have appeared they cannot fourch by Es∣soyn, for the Statute is, that Coparceners and Joint-te∣nants cannot at any time fourch or avoid, and so of the Husband and the VVife, 30 Ed. 3. f. 25. See 38 Ed. 3. f. 1. for fourching by Distresse, 4 H. 6. f. 6.

3 H. 6. fol. 36. Debt against a Parson of the Arrerages of an Annuity, the Defendant prayed aid of the Patron and Ordinary, and there were four Patrons, and at the Sum∣mons to aid, one was essoyned, and the three have the same Day, and at the Day he essoyned appeared, and ano∣ther essoyned, &c. and now, after every other was es∣soyned one after another, the first cast the Essoyn, and could not fourch, 33 H. 6. f. 28.

Over the Sea, and the Kings Service.

FOrtescue saith, where the party hath an Attorney in Court, he shall not be essoyned of being beyond Sea; therefore not of the Kings Service: 19 H. 6. f. 57.

2 Ed. 4. fol. 18. At the small Cape against the Husband and Wife, the Husband was essoyned of the Kings Ser∣vice, notwithstanding that he had an Attorney not es∣soyned, for the Attorney shall not be essoyned of this Es∣soyn.

Britton, fol. 281. Our Service as being in Our power, and the defence of Us, and of Our People, and of Our Realme.

35 H. 6. f. 1. Where one essoyned of the Kings Service, and hath a Day to bring that in, he ought to bring that in, under the great Seal of the King, and not the privy Seal.

19 H. 6. f. 50. If one be the Kings Carver, he shall not be essoyned of the Kings Service; and yet the Woman which is Landerer, or Nurse, shall be essoyned of the Kings Service.

4 H. 6. f. 8. One effoyned of the Kings Service, which is under Bail, and cannot, for by the Bail he is intended in Prison, and by the Essoyn at large.

10 H. 4. f. 6. Quareimpedit, Essoyn of the Kings Service is not allowable for the mischief of Lapps, 27. H. 6. fol. 1. the same.

12 H. 4. fol. 24. Where one is essoyned of the Kings Ser∣vice, the name of the Essoyner shall be put in, for if his Master do not bring in his Warrant, Deceit lies against him and his Master.

Fitzh. 17. H. If one be essoyned of the Kings Service, and at the Day he doth not bring in his Warrant, he shall loose twenty shillings, &c. by Glocester, chap. 8. and fur∣ther shall be in the Mercy, and it shall be allowed. See 45 Ed. 3. f. 24.

44 Ed. 3. f. 5. Essoyn of the Kings Service, doth not lie in a Writ of Dower.

22 Ed. 3. f. 10. At the Venire facias returned, the Defen∣dant puts the word without Day by Protection, and at the re-summons he was essoyned of the Kings Service, and had it.

27 Ed. 3. f. 81. In Replevin, the Avowant was essoyned of the Kings Service, and for that, that he doth not bring in his Warrant of that, he shall lose twenty shillings for the Journey, and not Damages, nor any other thing.

29 Ed. 3. f. 17. At the Distringas, one was essoyned of the

Kings Service, and at the Day did not bring in his VVar∣rant and came not, by which by Award he lost his Issues returned upon him, that is, five and twenty shil••ings, and the Plaintiff hath for the delay forty shillings.

29 Ed. 3. f. 46. After Issue in Trespass, the defendant is essoyned of the Kings Service, and at the day fails of his VVarrant, and by Award he shall recover damages by the Statute to twenty shillings, and further 20. shillings, by discretion of the Court, and the Inquest taken by default, 2 Ed. 4. f. 16.

19 H. 6. f. 51. In Replevin, at the Habeas corpora Jurato∣rum, the Plaintiff was essoyned of the Kings Service, the Essoyner was sworn, and had it.

Fitzh. 29. C. If a man be essoyned of the Kings Service, the Plaintiff may have a special VVrit; if he be not in the Kings Service, to disallow the Essoyn.

4. Book of Ass. 3. Attaint is laid, at the next day, after the first day, and qua••ht, and in Juris utrum it doth not lie after Appearance.

4. Book of Assise 2. Attaint after Appearance, the De∣sendant is essoyned of the Kings Service.

29. Book of Ass. 25. Attaint after Appearance, the Plain∣tiff casts the Essoyn, and was quasht, that is a common Es∣soyn.

19. Ass. 15. Essoyn is out after Issue in Attaint by the Statute.

18 Ed. 4. f. 8. Attaint, the Tenant at the Summons was essoyned, and at the Day of Adjournement made Default, and the Attaint was awarded by his Default; and if at the Summons one be essoyned, and at the Day make De∣fault, there shall go a grand Cape, and not a small Cape, for he doth not appear.

30 H. 6. fol. 1. Assise in common Bench, returnable the Monday after Octabis, and the Plaintiff was essoyned in Octav. and the Court allowed that, and it shall be before parties are demanded; and it seems that Essoyn in Assise shall be entered in the Roll of Assise, and the Roll of Es∣soyn, this is for Essoyn of Common Pleas.

1 H. 7. fol. 21. Essoyn is good, though it be not in the Roll of the Plea, but in the Roll of the Essoyn.

10 H. 6. fol. 23. Assise by two, and one makes Default, and so Summons to prosecute together at the next Assises,

at which day he that made default is Essoined, and it doth not lye, but is severed by award.

14 H. 6. fol. 23. Entry in nature of Assise, the Tenant was Essoined, and it was Adjourned, and it is not like to an Assise, for after appearance, there lies no Essoin.

Common Essoin.

Quem redditum reddit, and Scire facias, they are Judi∣cialls, and no Essoin lies in them, 33 H. 6. f. 6.

34 H. 6. f. 31. Trespass, Return, Attach, and Precpe, Return summoned, the Defendant shall be Essoined, but when he comes by the great Distress, he shall not be Es∣soined.

34 H. 6. fol. 50. Debt. The Plaintiff at the first day may be essoined, unlesse the Defendant appear upon a Capias, Cepi, or upon an Exigent.

9. H. 6. fol. 58. Where one is let to Bail, no Essoin of the King, or other Essoin lies, for that he is in manner as in Prison.

11. H. 6. fol. 39. Replegeare at the day of Imparlance, Essoin doth not ly for the Defendant.

2 H. 4. fol. 17. Deceit, the Defendant casts an Essoin af∣ter the day given, and it was adjudged and adjourned.

Natura Brevium f. 13. If any man be essoined of being sick in his bed in a Writ of Right, if the Demandant will averre, that he is not so ill, but that he may well come, and this be found by Inquest, his essoin shal turn him in default.

21. H. 7. fol. 40. Essoin doth not lie in Quare uon admi∣sit, for that it is as a judiciall Writ.

Britton, fol. 281. He is Essoined of sicknesse, and force of sicknesse, he appeals, as it is of those which move themselves against the Court, and are in riding taken with sicknesse, and Essoin of force is, as it is of those which are hindered by Imprisonment, or by Theives, or of other Enemies by the way, or by broken Bridges, or of other passages, or hindered by Tempest, or for want of Boats or Ships.

12 H. 4. f. 24. Formedon by Thirn. if no Essoin be cast, and Record the first day, it lies not afterwards.

2 R. 3 f. 15. In a Writ of Right and Formedon, which is in his nature, Essoin shall be cast the first day of Essoynes and proffers, and not afterwards.

2 H. 7. f. 4. The Demandant or tenant in a Precipe may be essoined the fourth day, and every day before the fourth day, and likewise the fourth day, notwithstanding any challenge taken by his Adversary, but in a VVrit Judici∣all out of the Common Bench, the Partie ought to be essoined the first day, and otherwise not, if that be chal∣lenged.

18. Ed. 4. fol. 4. Precipe, Essoin of the Kings Service was laid, and it seems there, that every Essoin shall be laid the first day, or any day before the fourth day, if there be not an exception entered, and the fourth day shall be ad∣journed, 1 Ed. 5. fol. 2.

2 Ed. 4. fol. 12. Before the Originall be Returned, the Tenant shall be essoined, and this is a common course.

30. H. 6. fol. 1. Essoin is Michiel where it should be Mi∣chael, and shall not be amended, for it is laid before the VVrit be Returned, and hath not the VVrit to see it.

Every Return hath four dayes, and the first day of them, is called the day of Essoins and proffers, and the next day after that, is the day of the Return of the VVrits, the third day is the day, the fourth day is the day of appear∣ance. And it is an use if one cause the Clark of Essoins to enter (ne recipiatur) as he may the fourth day, Essoin cannot be laid, after that is entered, but he may cast an Essoin the fourth day, if that be not entered, if one do not lay the Essoin the fourth day, then the next day en∣suing, the Party may enter exception, that is, (ne recipia∣tur) and after shall be no Essoin laid.

4 H. 6. fol. 6. * 1.240 If one cast an Essoin and appear in the Court before it be adjudged, the Essoin shall be defeated, and this by the Statute of questioning Essoins, 12. H. 4. fol 24. the same.

7. H. 4. fol. 40. Quare impedit by the King against R. Fel∣bridge, the Attorney of the Defendant was Essoined at the day of the (Venire facias) Returned, and after that the Essoin was adjudged, and before the adjournment, the Attorney which was Essoined comes into the Court, and was seen of the Court: and it seems after the Essoin adjudged, that he may be seen in the Court very well, though that it be not adjourned, and the Essoin very good, 11 H. 4. fol. 80. Precipe. 11. H. 6. fol. 53. Essoin was cast

for the husband and wife, and the Essoin was outed for the Husband, because he was seen in the Court, and al∣lowed for the VVife.

45. Ed. 3. fol. 24. Mortdancester against I. which vouch∣eth B. which was Enoined at the Summons to warrant, and at the day by Enoin he was Essoined of the Kings Service, and at the day that he hath to bring in his VVar∣rant, the Tenant was Essoined, and the Essoin was ad∣judged and adjourned.

12. H. 4. fol. 14. by Hull, Essoin doth not lie after Essoin, nor Essoin of the Kings Service, after Essoin of the Kings Service, but contrary by mean Processe.

9. H. 5. fol. 5. By Strange, common Essoin doth not lie after common Essoin, without mean degree, but after com∣mon Essoin, Essoin of the Kings Service lyeth, 21. Ed. 3. fol. 13. the same.

21. Book of Assises, 11 Assise. The Sheriffe Returns that the Plaintiffe hath not found Pledges to prosecute, and the Plaintiffe was Essoined, and the Essoin adiudged, for otherwise the Plaintiffe shall be non-suited.

2 Ed. 4. fol. 16. At the great Cape returned against the Husband and the Wife, the Husband casts the Essoin of the Kings Service, where he had an Attorney in Court, and held that the Essoin lies well, notwithstanding that he hath an Attorney in Court, contrary of a common Essoin, for that cannot be, where he hath an Attorney in Court.

4. H. 6. fol. 10. Dower. At the grand Cape the Tenant wages his Law of non-Summons, and at the day Es∣soin is cast for him, and saith that he hath an Attorney in Court, and notwithstanding this, the Essoin lies, for here the Attorney is out of the Court.

7. H. 4. fol. 6. Precipe, at the great Cape Returned, one renders his Law by Attorney, and at the day of the Law the Attorney laid an Essoin, and had no day, for it was said to him, to let his Master come.

19 H. 6. fol. 30. Debt, at the day that he hath to make his Law, his Attorney was Essoined, and he ought not to be Essoined, for he is out of the Court.

18 H. 6. fol. 20. Precipe, The Tenant hath two Attor∣neys, and the one is Essoined, and not the other, and good, for their Warrant is ioynt and severall, and excu∣ses the master, 11 H. 4. fol. 53. the same.

19 H. 6. fol. 57. The Attorney of one Party cannot be Essoined of the Kings Service.

21 Book of Assises 7. Where the Defendant appears, and answers by Attorney, he shall not be after Essoined, un∣lesse his Attorney be also Essoined.

14 H. 4. fol. 13. Quare impedit, The Plaintiffe was Es∣soined, and the Defendant saith, that the Plaintiffe hath an Attorney that is not Essoined, and by Hank, that Challenge was entered, and at the day that the Plaintiffe had by Essoin that shall be shewed, and if it be found, then the Defendant shall have a Writ to the Bishop, and in the mean time the Essoin was adiourned.

45. Ed. 3. fol. 10. Debt, at the Exigent, the Defen∣dant came by Supersedeas upon Bail, and at the day of the Exigent returned, the Plaintiffe was Essoined, and therefore the defendant shall have the same day without Bail; and there agreed if the Party be Essoined, and not his Attorney, that this is a discontinuance of Process, for the Attorney onely shall be Essoined, and every Chal∣lenge of Essoin shall be entered, but it shall not be tryed before the day of Adiournment of the Essoin, unlesse it be challenged, for that he was seen in the Court, which shall be tryed forthwith.

11 H. 8. Tit. 41. Formedon, Conusance of Plea was granted, and the Demandant sues a Resummons for fail∣ing of Right in the Franchise, and the Attorney of the Tenant cast Essoin, where another Attorney was Essoin∣ed upon the Originall, and by the Court, this matter of Challenge cannot be now tryed: the Essoin was adiourn∣ed, but not adiudged, and it shall be tryed at the Ad∣iournment, and if it be found, shall turn him in de∣fault.

12 H. 4. fol. 25. A man hath two Attorneys, and after the view the one was Essoined, and the other not, and by Hull, By this Challenge, the Essoin shall be adiourn∣ed, but not adiudged, and by Hank, in some Case Es∣soin shall be adiudged, and not adiourned, as the De∣mandant in Precipe is Essoined, and at the same day Protection is shewed out for the Tenant in this Case, the Essoin shall be adiudged, so that the Demandant shall not be nonsuited, but it shall not be adiourned.

12 H. 7. fol. 8. Formedon, The Tenant makes two Attor∣neys,

and at the day upon the view granted, the Tenant and one Attorney makes default, and the other Attor∣ney was Essoined, and it was held clearly that the Es∣soin of one Attorney excuseth the default of the Tenant, and the other Attorney, for they were Attorneys Joint, and severall.

2 H. 5. fol. 2. Formedon, After the view the Tenant was Essoined, and notwithstanding that he had an Attorney not Essoined, the Essoin was allowed, sub Calumnia, for the Attorney peradventure is removed, and agreed, if he have no Attorney in Court, he himself may be es∣soined.

11 H. 7. fol. 42. Essoin was amended in Precipe of Rent where the Essoin was entered in a Plea of a yearly Rent, where it should have been in a Plea of Land.

18 Ed. 4. fol. 4. The Writ was J.S. and the Essoin was J.S. of Dale in the County of Kent, and for this variance it was quasht, and shall not be amended, for the Clerk had no fight of the VVrit, for the Essoyne was before the VVrit returned.

30 H. 6. f. 1. At the Pone in a Quare impedit, the In∣cumbent was Essoined, and was varying from the name in the Writ, for the Essoin is Mich. and the Writ Micha∣ell, and adiudge that it should not be amended, for that the Essoin was put in, before the Writ came in.

10. H. 7. f. 6. Precipe, The Tenant hath view where it was not grantable, and at the day of the Habere facias vi∣sum, The Tenant would have been Essoined, and could not, in so much as the view was not grantable.

19 H. 6. fol. 80. Debt, The Defendant came by Cepi Corpus, and the Plaintiffe is Essoined, by this the Defen∣dant shal have the same day without Bail; but if the Plain∣tiffe had appeared, the Defendant should answer in cu∣stody, and after shall be by Bail till the end of the Plea.

12 Ed. 3. tit. 58: B. VVast, the Venire facias was abated, and a new one went out and was returned, the Defendant cast Essoyne and it was adiudged and adiourned, though there were the second Venire facias, for the first was as none.

19 Book of Assises 12 Ass. The Plaintif was essoyned, and the VVrit indorced Tarde, and notwithstanding that

the Justices adiuged, and adiourned the Essoin.

21 Ed. 4. f. 79. It seems that Essoin doth not lie for a Corporation, for the Essoin de malo veniendi, nor the Es∣soin de malo lecti, doth not lye, for it is to excuse the De∣fendant, and a Corporation cannot appear in person, but by Attorney, nor an Essoin of the Kings service, nor of beyond the Seas, for all cannot be together by common In∣tendment, and Protection doth not lie for a Corporation.

10 H. 6. f. 1. Scire facias by three and two were Essoin∣ed, the Essoin quasht by the Court, for that delayes are outed by Westm. 2 Chap. 45. 2 H. 7. f. 10. the same.

11 H. 6. f. 31 At the day of Imparlance the Plaintiffe shall not be Essoined, also he shall be nonsuited, if he do not appear.

45 Ed. 3. f. 19. Precipe, the Tenant vouches, and Process continue untill the Sequatur, at which day the Tenant is essoyned, and it lies well.

10 Ed. 4. fol. 15. Formedon, the parties were at Issue, and after discontinuance by Demise upon re-summons, said, that the Tenant shall not be essoyned: See the Statute is, that Essoyn doth not lie, because re-summons was in the last Presentment, 1 H. 6. f. 6. the same, 1 R. 3. f. 4.

34 H. 6. f. 34. Trespass upon re-attachment, the Tenant was essoyned, and said, that it lies.

44 Ed. 3. fol. 4. Ass. Discontinued for not coming of the Justices, and upon re-attachment the Plaintiff is essoyned, and it lies, and yet the Statute of Westm. chap. 41. is, who hath once appeared in Assise shall not be afterwards es∣soyned, 44. Book of Assise, 24. the same.

22 Ed. 3. fol. 10. At the Venire facias returned, the De∣fendant put the Paroll without Day by Protection, and at the re-summons he was essoyned of the Kings Service, and had it.

21 Ed. 3. Tit. 35. B. Paroll was put without Day in a Precipe against a Prior, for that that the King had sent a Supersedeas, that he had seised the Land for Warr, for that the Tenant was a Prior stranger, and after Demand at the Procedendo, and re-summons where the Paroll was put without Day before, after Venire facias returned, and the Jury appeared, and at the Day of the re-summons re∣turned, the Prior was essoyned, and was challenged, for that, that the Prior was another time essoyned upon the

Venire facias in the first Action, and it was not allowed, but the Essoyn admitted.

30. Book of Ass. 51. Mortdancester, at the re-summons the Tenant cast an Essoyn, and it was quasht by the Sta∣tute De Calumniandis.

Wardens of Churches.

Though the Statutes for high-wayes, not repaired, give all Forfeitures of those Statutes to Church-wardens, yet they are no Corporation, and it is fit to see what things they may take, and what not, and what Interest they have in things of the Church, and where they may be removed, and where not, and what Interest the Parson hath.

PArishoners shall have no Action of Account against Wardens, but they may choose other Wardens, which may have Account against the first Wardens, 8 Ed. 4. f. 6.

37 H. 6. fol. 32. If a Book be given to the Parishoners of such a Church, to the use of the Church, the Wardens shall have Trespass against him which takes this out of the Church.

10 H. 4. fol. 9. Church-wardens shall have Trespass of Bells taken, though the Defendant hangs them in the Steeple, and though they are annexed to the Church, they are no parcell: Parson shall have Trespass of Win∣dows, and Trees in the Church-yard cut, and the War∣dens shall have Trespass of the Ornaments taken.

8 H. 6. f. 9. Parson brings Trespass of entering in a Close and House, which was the Church-yard, and the Church; and it so feems that he hath interest in that.

38 H. 6. fol. 19. Parson shall have Assise of Church-yard, or Glebe.

8 H. 7. f. 12. The Free-hold of the Church is to the Par∣son, and the Pewes are Chattels, unless they be fixt, but some have Pewes there by Prescription, but the Pewes fixt there are Free-hold to the Parson.

21 H. 7. f. 21. Church-yard and Church are to the Par∣son, and he shall have Trespass of Trees cut in the Church-yard. Abridgement of Assises, fol. 112. Assises. It is a good Plea for the Defendant at the Jurisdiction of the

Court to say, that he is Parson, and that it is parcell of his Church-yard.

15 H. 7. f. 8. Church and Church-yard are to the Par∣son, that is, the Free-hold of them.

30 Ed. 3. Tit. Account, Statham. See there that the Church is to the Parishoners.

Brit. fol. 84. Church-yards, burying-places, Church or Chancels are to none. Seek.

9 Ed. 4. fol. 15. Indictment by the Church-wardens, why by force of Armes, the Goods of the Chappell, &c. be∣ing, it seems good, and it seems, if it were the Goods of the Parishoners it were better.

8 Ed. 4. f. 6. Trespasse by the Church-wardens, and it is to the loss of the Parishoners, and it seems they are a Cor∣poration for personal things.

9 Ed. 4. fol. 15. Trespass was brought by Dame wiche against the Parson, for taking a Coat-armor, certain Pendants with the Armes of Sir Hugh Wiche her Husband. And it seems that a Parson shall not have that, nor the Church-wardens, for they are hung there for the honour of the Body of him that was buried there.

37 H. 6. f. 32. Church-wardens shall have Trespasse of the Goods of the Parish taken, and an Appeal of Robbery.

12 H. 7. fol. 32. Wardens of the Church cannot let Lands, nor take Lands, but they may have Goods.

Abridg. of Ass. fol. 76. Church-wardens may have an Ap∣peal of Robbery of the Church Goods.

13 H. 7. f. 9. Church-wardens cannot let Lands, for the Law gives them Authority to receive Goods, but not to depart with any thing, and may have Trespass of Goods of the Church taken.

8 H. 5. fol. 4. To the Wardens of the Church are the Books, and Bells, and Goods of the Church.

Doct. and Student, f. 118. For not inclosing the Church∣yard, and for not sufficient repairing the Church, shall be a Complaint to the Ordinary.

Waging of Law.

Then for that, that the ancient Triall in Court Baron is by wa∣ging of Law, and also in Plaints for Copy-hold-Lands of

non-summons, it is needfull to say something of waging of Law, and what will save his Default, and where, with∣out waging the Law of non-summons.

TRiall, that in Court Baron the Triall is by waging Law, but it may be by a Jury by consent of the parties, 33 H. 8. f. 143.

18 H. 8. fol. 3. Of Detinue, and counts of delivering of Goods by another hand, the Defendant may wage his Law, for the Detinue is the cause of Action, and not the Delivery: but in Account and Counts of a Receit by an∣other hand, he cannot wage his Law, for the Receit is traversable, 34 Ed. 3. f. 61.

26. H. 8. f. 26. Detinue, It seems though the delivery were by deed, it may be discharged by matter in the evidence by redelivery, and in account of receit, by the Plaintiffs own hands, and he shews a deed testifiing that, yet the De∣fendant in these cases may wage his Law, 16 Ed. 3. tit. 57. F. See, 27 H. 8. f. 26.

Account, the Defendant shews a deed witnessing the re∣ceit, Defendant shall not have his Law.

Debt upon Arbitrement, for Money awarded, Defen∣dant may wage his Law for he hath notice of the award, and ought to take notice of it, and so it seems in debt a∣gainst a Husband and his Wife, for debt of the Wife, for the Wife is party alwayes, 1 H. 7. f. 25.

10 H. 7. f. 18, In debt upon a Statute of Cappers, De∣fendant cannot wage his Law, for it is a matter of Record, 50 Ed. 3. f. Where the King is party Defendant cannot wage his Law.

13 H. 7. f. 3. Debt against Successor of an Abbot, where Predecessor makes a bargaine, that is buying Fishes which comes to the use of the House, and the Successor, hath his Law, and yet it was of anothers Contract

1 H. 7. f. 25. Contrary, for he hath notice of the bar∣gaine, and said, if my Servant buy a Horse for me, in debt against me of that contract, I may wage my Law, 13 H. 7. fol. 3.

2 H. 4. f. 16. Where the Testator may wage his Law, no Action lies against the Executors, 15 Ed. 4. f.

3 H. 4. fol. 3. Where the Defendant is ready to wage his Law, and the Plaintiffe is Demandant, and makes default,

he cannot be non-suted, where before he appeared in Court. But if he had imparled to this day he might be non-suted.

6 H. 4. fol. 2. In debt for dammages recovered in a Base Court, the Defendant tenders his Law, but shall not have it. 34 H. 6. fol. 64.

11 H. 4. fol. 54. In debt for money awarded upon arbi∣trement, the Defendant may have his Law. 22 H. 6. fol. 46. the same. 2 H. 5. fol. 6. the same.

8 Ed: 4. fol. 4. Detinue of Charters, held by all the Ju∣stices, that the Defendant may traverse the delivery gene∣rally, for that, that he could not wage his Law but in De∣tinue of Charters. If the Plaintiffe do not intitle himself to Land, the Defendant he may wage his Law: For if one give to me a Deed of feoffment it is but a chattel in me, if I have not the Land.

9 Ed: 4. fol. 1. Debt, where a man lets a Chamber to the Defendant, and takes his wife and son to table, rendring for the Chamber and Table 6 s. a week, defendant cannot for his debt wage his Law.

9 Ed: 4. fol. 25. Debt against the Husband and his wife for debt of the wife before the marriage, both shall wage their Law, for by the marriage the debt is the Husbands. 15 Ed. 4. fol. 2. the same.

16 Ed. 4. fol: 15. Debt of the sale of cloaths, the Defen∣dant may wage his Law. The same Law is in debt for wages, unlesse the reteiner be according to the Statute of La∣bourers.

21 Ed. 4. fol. 26. Debt for an Horse sold for 10 l. where there were two, or the contrary; or if he count of a Cow where it was a garment, it seems he may wage his Law by conscience, for it is another contract.

22. Ed: 3. fol: 2. Detinue, if a man deliver to me goods in satisfaction of debt due to me, and after having brought Detinue, Defendant may wage his Law, for the property is changed, and in Detinue of a thing of 4 ounces which is but two, The Defendant may wage his Law, the same law in Detinue of a white horse, which indeed is bay. The same in Detinue of cloath of 20 yards, where it is but 13. the Defendant in these cases, by conscience may wage his Law.

34 H. 8. tit: 97. Detinue of a Deed Indent of a Lease for years, the Defendant cannot wage his Law, for this

concerns Land, and a Chattell reall.

21 Ed: 4. tit: 79. Detinue of a chest with Writings, en∣ealed, or of a Box ensealed with Writings, the Defendant may wage his Law. And where he counts of a chest enseal∣ed with Writings, and of a speciall Deed, the Defendant may say to this deed he detains not, and to the rest wage his Law. 19 H. 6. fol. 9. the same. And 38 H. 6. fol: 25. the same. 44 Ed: 3.1. and 10 H. 6. fol: 20.

12 R: 2. tit. 43. Debt for amerciament in Leet, Defen∣dant shall not have his Law.

39 H: 6. fol: 36. Debt upon a Bargain, the Plaintiffe shews a Deed witnessing the receit of it, yer defendant shall have his Law.

32 H: 6. fol: 19. Debt for a Sallary in Husbandry retein∣ed, Defendant shall not have his Law.

8 H: 5. tit. 5. Quo minus. B. A man shall not wage his Law in a (Quo minus) where one sues that for debt, and payes the King: 32 H. 6. fol: 28. the same.

32 H: 8. tit. 112. It was spoken for Law, that a man shall not wage his Law in (Quo minus) But see Tit. 102. B.

2 H: 5. fol: 6. Debt for money awarded by Arbitrators, defendant shall have his Law, for they are not Judges of Record. 5 H. 5. fol: the last, the same.

9 H. 5. fol. 5. Debt upon Arrearages of account before Auditors, defendant shall not have his Law for that, be∣cause they be as Judges of Record: otherwise it is of Ar∣rearages before the Plaintiffe himself. 5 H. 6. fo: 17. 43 Ed: 3. fol. 1. 49 Ed: 3. fol. 3.

38 H. 6. fol. 6. The Lord in debt against him of sur∣plusage of Account, he may wage his Law by Prisot.

38 H. 6. fol: 14. Debt for wages, he counts that he was reteined to serve in Husbandry, defendant could not wage his Law; and if he count of another reteiner, he may have his Law.

38 H: 6. fol: 24. If a Gentleman be reteined in Hus∣bandrie in debt for their sallarie, defendant cannot wage his Law: But if a Gentleman, or a Carpenter be reteined in other Art then Husbandrie, in debt for their wages, the defendants shall have their Law: 39 H. 6. fol: 19. 3 H: 6. fol: 43. the same.

1 H: 6. fol: 1. Debt, and counts that he left to the de∣fendant certain sheep, paying for every sheep by the yeer

4 d. and 15 d. for every sheep dead; Defendant tenders his Law forthwith, and had it. The same Law is in debt upon Arbitrement: but otherwise it is in debt upon a Lease of land rendring Rent.

3 H: 6. fol: 14. Debt, Defendant Imparles till the next day, and then comes and tenders his law forthwith; And for that, that all was in one self same Tearm, the Plaintiffe should not be demanded to be non-suited. But for that, that he said nothing, it shall be entended acknowledged by him. But if he had Imparled till another Tearm, Plain∣tiffe shall be demanded, and may be non-suited.

3 H: 6. fol: 34. Debt by Counsellor, and how he was reteined by 20 li. yearly, and the Plaintiffe ought to count that he hath given him Counsell; And the defendant ten∣ders his Law, and had it. But in debt for wages of a Com∣mon Labourer, Defendant cannot wage his law, for it is certain by the Statute.

3 H: 6. fol: 43. Debt of 40 s: for Tallow, the defendant saith that he bought the Tallow for 3 s: 6 d: which he is ready to pay, &c. And to the remnant tenders his Law, and had it: and for that it was the same Tearm, Plaintiffe shall not be demanded; But if it were in another Tearm he shall be demanded.

4 H. 6. fol: 25. Debt upon Arrearages of account, before an Auditor, Defendant tenders his Law, and had it: 20 H. 6. fo: 17. the same.

•• H. 6. fol: 58. Debt upon Arbitrement, Defendant shall have his Law, and in Detinue of delivery by anothers hand, but not in account of receit by another hand.

10 H. 6. fol. 20. Detinue of Writings ensealed, and counts of one, especiall of the Land, the Defendant may plead barr to that, and to the remnant tender his Law, and had it.

11 H. 6. fol: 11. If debt be upon a lease and Bargain, or upon an Obligation, and Bargain, Defendant may plead to the Obligation, and to the Bargain wage his Law: 14 H. 6. fol: 1. the same. 19 H. 6. fol: 10. the same: 33 H. 6. fol: 26.

44 Ed: 3. fol: 41. Detinue, where the Plaintiffe count of a chest for Writings, the Defendant may wage his Laws but if he counts of a speciall Writing concerning land, he cannot wage his law of that, but of the Chest and the residue.

46 Ed: 3. fol: 6. Debt upon Contract for 40 s. the De∣fendant saith that he doth not know the Contract to be made for so much: but only for 4 s. which he hath been alwaies ready to pay, and yet is: And to the 40 s. he owes him nothing, ready to wage his law, 3 H. 6. fol: 43.

49 Ed: 3. fol: 3. Debt upon arrearages of Account, found before Auditors assigned by the Party out of the Court, and the Defendant tenders his law and had it.

21 H. 6. fol: 48. Detinue of two Writings obligatory, the Defendant may wage his law.

7 R. 2. tit: 42. Fitzh. Debt upon a Lease of land, the Defendant shall not have his Law.

12 R. 2. tit: 43: F. Debt for Amerciament in Leet, the Defendant shall not have his law.

14 Ed. 3. tit: 48. F. Account of Receit by his own hand, the Defendant shall have his law, 25 Ed: 3. fol: 46. the same.

5 Ed: 3. tit: 54. F. Account of receit by the hands of his Wife, the Defendant shall have his law.

14 Ed: 2. tit: 69. F. Account of receit by other hands, the Defendant shall not have his law, 17 Ed: 2. tit: 72 the same case.

27 H. 8. fol: 26. Account of Receit by his hands, and shews a deed witnessing that, yet the Defendant may wage his Law.

39 H. 6. fol: 36. Debt upon a Bargain, the Plaintiffe shews a deed witnessing that, yet the Defendant shall have his Law, see before. 26 H. 8. fol: 26.

18 Ed. 3. fol: 53. One which was dumb waged his Law by signes, and the words were read to him, and he put his hand upon the book, and kist it, and so waged his Law without words.

21 H. 6. fol: 47. Where a Lumbard waged his Law.

22 H: 6. fol: 14. Debt for Commons of one, Defendant shall have his Law. 1 Ed: 4. fol: 5. 9 Ed: 4. fol: 1. the same.

28 H. 6. fol: 5. Debt against a Prisoner of the Tower for his meat, he shall not have his Law, for the Plaintiffe is compellable to give that to him.

27 H. 6. fol: 16. If the Tenant at the day of the great Cape appear, and tenders his Law of non-summons, and the Sheriffe do not return the Writ, yet he may wage his Law, for he hath day by Roll.

33 H: 6. fol: 8. Precipe, At the day of the great Cape re∣turned, the Tenant saith that he was not summoned, rea∣dy to prove by the Countrey, and shall be tried by waging law, and not by the Countrey, unles upon speciall matter shewed, as if the party were sick, or it be a Mayor and Commonalty, or be a Recluse: And waging of Law shall be by 12 hands, that is 12, and he himself shall be sworn: But the use is in Court Baron by 6.

40 Ed: 3. fol: 40. Cessavit against 3. which 3 at the day of the great Cape returned, waged their Law of not sum∣moned, and at the day 2 made default, and the third ap∣peared, and tendered the Arrearages, and could not, unles for the third part, for that, that they are joyned in Tender.

41 Ed: 3. fol: 2. Precipe against 2 which wage their Law of not summoned, and at the day one comes and the other not: And he which comes wages his Law, and awarded, that the demandant should recover the half against him which made default, and took nothing by his Writ against the other, 40 Ed: 3. fol: 35.

48 Ed. 3. fol. 13. Cessavit against three, they wage their Law of not summoned at the day, the great Cape returned, and at the day gives them to make their Law, two appears and wage their Law, and the third makes default, and the Writ abates for two parts, and one was received for the third part in desault of the three, and so the Writ shall be for the third part.

40 Ed. 3. fol. 35. Debt against two which tender their Law, and at the day one makes default, and the other was readie to wage his Law, and waged his Law: And for that, that the Plaintiffe suffered that, he was barr'd. And yet where the two tendered their Law, and at the day one made default, this was the default of both, If the Plaintiffe had prayed it, and not suffered the Law of one.

44 Ed. 3. fol. 38. Precipe, the Tenant wages his Law of not summoned, the Writ shall abate.

7 H. 4. fol. 3. Precipe the Tenant makes default after ap∣pearance, by which issues Pettie Cape, at which day he ap∣pears by Attorney, and the Attorney wages his Law, and day given for his Master against another day to make his Law.

7 H. 4. fol. 7. The waging Law shall be in person by the Tenant, and not by Attorney.

24 Ed: 3 tit. 57. If Sommons in Precipe be not served fifteen days before the first day of the return of the Writ the Tenant may wage his Law of not sommoned.

42 Ed. 3. fol. 7. Precipe, at the great Cape returned, the Tenant tenders his Law of not sommoned, and at the day comes to wage his Law; And the Demandant offers to waive the default, and prays that the Tenant may plead in cheif. But cannot if the Tenant will not assent, by which he made his Law, and the Demandant takes nothing by his Writ. But at the first day that the Tenant offered his Law, the Demandant might have released the default: 27 H. 8. fol. 17. the same.

2 H. 5. fol: 1. Formedon, at the great Cape returned, the Demandant is essoined, and for that the Tenant need not wage his Law, for the default is saved. 18 H. 6. fol: 6.3 H. 6. fol. 50. the same.

8 Ed: 4. fol: 2 Precipe, If the Demandant be essoined the day that the Tenant tenders his Law, the default is saved, & he need not wage his Law of not summoned. But if it be at the day that he hath waged his Law it is otherwise; for he cannot release the default. 33 H. 6. fol. 49. the same.

7 Ed. 3. tit. 51. Saving default. Fitzh: at the Petty Cape returned the Demandant was essoined, and had day over, at which day he took him to the default, and the Tenant was put to answer at the default, notwithstanding the said Essoine. 5 Book of Ass. 11. the same.

4 Ed. 3. tit. 62. F. At the great Cape returned the De∣mandant was essoined, and day given over, at which day the Demandant took him at default by which it was awar∣ded, that he take nothing by his Writ.

3 H. 6. fol. 48. Precipe at the great Cape returned, the Defendant saith that he was imprisoned by J. S. upon a Statute Merchant, by vertue of a Statute acknowledged to him that he could not come; and notwithstanding that this was his own act; that is to say, the acknowledging the Statute, and not paying it, yet the Imprisonment was by the act of the Law, and his default, and by that Plea his default was saved. The same Law of encrease of water: 12 Ed. 4. fol. 44. Saving default. F.

42 Ed: 3. fol: 7. Precipe, at the Petty Cape ret••••••ed, the Tenant saith that he was in Prison at the time of the de∣fault made, ready, &c. And the Demandant to the con∣trary,

that he was at large; and the Enquest taken, & sound that he was in prison, by which the Demandant took no∣thing by his Writ: 13 Ed. 3. Tit. 49. F.

18 Ed. 3. tit. 35. F. At the great Cape returned, the Te∣nant saith that he was in prison, &c. The demandant saith that he was in prison by his own consent, and by fraud to save his default. And the Tenant was driven to aver, that he was in prison against his will, and upon this Issue taken: 14 Ed: 3 tit. 39. F.

13 Ed: 3. tit. 49. At the petty Cape returned, the Te∣nant saith that he was in prison upon a Statute, &c. and the demandant saith, that that was by covin, and so Issue taken that he was in prison against his will, taken, and others to the contrary.

39 H. 6. fol: 17. The Attorney may save the default where his Master came, and for that both may save the de∣fault, by encrease of water, and by Imprisonment, and not by weakness, neither of the one nor of the other; for that cannot be tryed if he may come without unavoidable pe∣rill of death, or not.

38 H: 6. fol: 12. Weaknesse of an Attorney is not suf∣ficient to save a default, but encrease of water, and Impri∣sonment is a cause. See 50 Ed. 3. fol. 9. And the Tenant plead in abatement matter for mischeif of war, and death, which proves the Writ abated without saving his default.

40 Ed: 3. fol. 2. Precipe against H. son of W. Osmond, the Tenant at the great Cape comes without saving his default, and saith, that his Father is named Edmond, and not Os∣mond, and for mischeif of the war he shall have that plea, before default saved by waging of Law.

40 Ed. 3. fol. 42. Formedon, at the day of the Petty Cape, the Tenant cometh and saith, that the Demandant hath entred hanging the Writ, and cannot have that Plea in abatement before the default saved.

40 Ed. 3. fol. 18. Precipe against the Husband and Isabel his wife, they come before the default saved, that the wife is named Elizabeth, and had for the mischeif of the war.

14 H: 4. tit. 15. Precipe, the Tenant saith, that the De∣mandant is out-lawed, and shall not have this before de∣fault saved.

38 Ed. 3. tit. 17. At the great Cape against three, they alledge severall Te••ancie, and the Writ abate, if he do not

maintain. And they shall not wage the Law of not sum∣moned, for then they admit the Writ, and that they are Tenants as the Writ supposeth. 12 Ed. 4. fol. 1.

14 H. 6. f. 4. Precipe, at the great Cape the Tenant would plead Joyntenancy, and could not before his default sa∣ved, for this comes upon the view. 42 Ed. 3. fol. 11. the same.

21 Ed. 4. fol. 19. Precipe against two at the great Cape, one Tenant pleads that the other is dead after the day of the default, and for that, this Plea proves the Writ aba∣ted, he shall have this Plea before his default saved: 20 H. 6. fol. 2. the same.

42 Ed: 3. fol: 3. Precipe against two, one Tenant may plead that in the conclusion of the Writ, the one is left out, and the Writ for that is abated before the default saved.

Pleas after Continuance, and Imparlance, and what not.

ASsise, where they are adjourned upon Plea in Bar, it seems that he shall not have but one Plea, after the last continuance, for otherwise he may delay the party, In∣finitely: 28 H. 6. fol: 1.9. H. 7. fol: 9.9 H. 6. fol: 22. Quare impedit, cleerly agreed, that a man shall have but one Plea after the last continuance, upon matter in Deed: And by some, the same Law is where it is by matter of Record.

1 Ed: 4. fol: 3. Ass: It seems that one cannot have divers Pleas after the last Continuance.

2 H. 6. fol: 13. Entrie in the Post, If the Demandant enter, and after there is a Continuance, yet he may plead that, for that, that it is abated: And it is folly of the De∣mandant to abate his own Writ. 7 H. 6. fol: 15. The same.

7 H. 6. f: 16. Quare Impedit, It was pleaded in abatement, Plaintiffe was made knight after the last continuance. Judgment of the Writ, and he had it.

20 H. 6. fol: 17. Trespasse after Imparlance, the Defen∣dant saith, that the Plaintiffe was made knight day of the Writ not named knight, Judgement of the Writ, and had that Plea.

35 H. 6. fol: 5. Where a man is sued by the name of J. Prior of the Church of St. Peter of D. and imparles by an Attorney, he shall not plead in person afterwards, that he

is Prior of the Church of St. Peter, and Paul, for that is parcell of the name, which cannot be pleaded after Impar∣lance, for that doth notstand with, &c.

35 H. 6. fol: 37. Trespasse against J.S. of D. after Impar∣lance he demands Judgment of the Writ, for day of the Writ purchased he was dwelling at S. and not at D. and shall not have it, for it is contrary to the name which the hath affirmed by the Imparlance.

32 H. 6. fol: 35. After Imparlance, the Defendant cannot plead, that he is dwelling in another place, then is in the Count: 19 H. 6. fol: 1.

35 H. 6. fol: 43. Debt against J. S. as Executor of J. D. and he imparles, he shall not say after, that he is Admini∣strator, and nor Executor: 32 H. 6. fol: 32. The same, 36 H. 6. fol: 17.

37 H. 6. fol: 32. If the Defendant in personall action imparle, and at the day makes default, Judgment shall be given, and in a reall action shall be awarded a Pettie Cape: 7 H: 6. fol: 30. The same, 11 H 7 fol: 5.38 H. 6. fol: 36.39 H. 6. fol: 17.

4 H. 7. fol: 12. If a man in debt upon an Obligation, im∣parle before he demands hearing of the Obligation and Condition, and hath that entred, he cannot plead the Con∣dition afterward, for he shall not have hearing of that, if he do not alledge variance.

13 H. 7. fol: 17. Precipe of Lands in D. the Tenant im∣parles, and at the day he may say no such Town: 9 Ed: 4. fol: 33. the same, 7 Ed: 4. fol: 1. Trespas.

16 H. 7. fol: 17. Debt by Prior, the Defendant imparles, and at the day saith, that the Plaintiffe is deposed, for that goes in Bar.

7 Ed. 4. fol: 1. Trespas against J.S. de D. in the County of Middlesex, after Imparlance the Defendant cannot say, no such Town D. within the said County: but he may say there is over D. and nether D and none without addition: 22 Ed: 4. fol: 1. the same.

9 Ed. 4. fol: 38. Precipe, after Imparlance one may plead Non-tenure, and Joyntenancie: But in Precipe of Lands in D. and S. the Tenant Imparles, and at the day saith, That D. is an Hamlet of S. without that, that there is any Town or place known out of the Town named D. in the same County, Judgment of the Writ, and hath the Plea by the whole Court.

9 Ed. 4. fol. 42. Debt against Executors, after Imparlance he cannot say that the Testator dyes intestate, and that the Administration was committed to him, Judgment of the Writ, for he is estopped by the Imparlance, but he may plead never Executor, nor ever administred as an Execu∣tor, for that is with the, &c. 32 H. 6. fol. 32. the same.

18 Ed. 4. fol. 19. Writ is abated by death, and abateable by Joyntenancie, and severall tenancie, and where a man is made knight, or a woman takes an husband, and such like, and saith, where a Writ is abateable if he Imparle, or take continuance, he cannot plead in abatement: But otherwise it is if it were abated. See 7 H. 6. fol. 16. and 20 H. 6. fo. 17. And note that it pleaded there that the Plain∣tiffe is a knight.

44 Ed. 3. fol. 4. After Imparlance the Defendant may plead to the Action, as to say, that the Plaintiffe is a Channon pro∣fessed, &c. But he cannot plead to the Writ, unlesse he come after the Continuance, unlesse it were for that, that the Writ is abated, as death, &c.

20 Ed. 4. fol. 9. Debt upon a Lease of a Corodie, the De∣fendant imparles, and after that shall not have hearing of the Deed. See 4 H. 7. fol: 12.

4 H: 7. fol. 17. Replegeare against three which imparle joyntly, and one makes default, the other cannot plead no such in being, as one is, which makes default.

11 H. 7. fol. 5. Debt for Corn, the Defendant imparles, and at the day makes default, there shall go a Writ to in∣quire of the value. See 37 H. 6. fol. 32.

15 H. 7. fol. 14. Attorney for Corporation after Impar∣lance, he cannot plead that they are corporate by another name.

32 H. 6. fol: 12. Where a Writ is abated, he may plead that though there be a Continuance, as to say that the Plaintiffe is dead, or hath an Husband day of the Writ, but if it be abateable, it is otherwise, he may say that after the last continuance, is made knight, Judgment of the Writ, &c. where it is abateable.

34 H. 6. fol: 49. Debt upon Obligation by three, the Defendant pleads not his Deed; yet he may plead that af∣ter the last continuance one Plaintiffe is dead.

22 Ed: 4. fol: 36. Trespasse. The Defendant after Im∣parlance, may say that the Plaintiffe is his wife, Judgment

if Action; or that the Plaintiffe is a Monk professed. And in Mordancester that the Demandant is a Bastard. And in Debt against Executors, after Imparlance he may say he was never Executor, nor ever administred as Executor; for these are disabilities which go in Bar.

32 H. 6. fol: 32. It seems a man may plead after a Con∣tinuance, that the Plaintiffe is a stranger born, or Monk professed, Judgment if Action, and not to the person. 36 H. 6. fol: 7.

7 H. 6. fol. 39. It seems that after Imparlance, one can∣not plead to the Jurisdiction, unlesse it be after speciall Imparlance, saving all advantages, as well to the Jurisdiction of the Courts as to the Writ, and Declaration.

19 H. 6. fol. 7. Debt by Executor, which shews the Will (as it behoveth) and after the Defendant imparles, there he shall not have reading of the Will again. 38 H. 6. fol. 2. But if he plead variance, he shall have (Reading) and so in Debt upon Obligation.

16 Ed. 4. fol. 4. Debt upon specialtie, the Defendant may plead Out-lawrie in the Plaintiffe, though he hath parled; for that is a Bar, and intitles the King.

4 Ed. 4. fol. 15. Debt, after Imparlance, one space in the Count cannot be amended in another tearm.

39 H. 6. fol. 22. Debt upon arrerages of annuitie, after Imparlance; the Defendant cannot have hearing of the Deed: But if the Defendant plead that it was made in ano∣ther County, then where the Writ was brought, and then he shall shew. 39 H. 6. fol. 17. the same.

Pleas after day given.

IF the Defendant imparle, and make default, he shall be condemned, and upon day given shall issue Processe. 7 H. 6. fol. 42.

19 H. 8. fol. 6. Note by all the Prothonotaries that (day given) is ever before the Count, and Imparlance is after the Count, and therefore where three Capias and Exigent is awarded, and the Defendant appear upon the Exigent, and hath (day given) and after makes default, Distringas shall go, and upon that returned, (Nihil) other 3 Capias and Exigent, and upon default in pers••r all action, he shall be condemned. See 7 H. 6. fol: 42.

20 H. 6. fol: 17. Trespas, the Defendant at the day which he hath by Imparlance saith, that the Plaintiffe was knight day of the Writ purchased, not named knight, Judgment of the Writ, and had plea by Judgment. Otherwise it is said after continuance by (day given.)

42 Ed: 3. fol: 1. Debt, the Defendant came at the Exi∣gent, by (Reddidit se) and was bayled, and the Plaintiffe came and prayed day by (Prece partium) and had it, not∣withstanding that the Defendant was by Bayl, for that is by agreement of the parties.

8 H. 5. fol: 8. After day given, and after speciall Impar∣lance, the Defendant may plead in abatement, and not after generall Imparlance.

14 H. 4. fol: 14. If the parties be at Issue, and the De∣mandant releases to the Tenant, and he takes continuance by request of the parties, he shall not plead the release.

22 Ed: 3. fol: 8. The Tenant after the (request of the parties) was received to plead Joyntenancie by Fine.

Pleas after Issue, and at the Nisi prius day in Bench, and after Verdict.

DOwer, by Thorpe, the day of the Nisi prius, and the day in Bench is not all one to all respects; for a Writ pur∣chased mean between the Nisi prius and day in Bench, shall abate, for the first Writ is hanging till Judgment be given, notwithstanding the Plaintiffe was non-suited at the Nisi prius. But when to plead any Pleas, which come mean be∣tween them, there shall be one same day. 40 Ed: 3. fol: 38.

28 H. 6. fol: 1. A man may plead a Plea after last conti∣nuance at the Nisi prius. Inquire what Pleas.

34 H. 6. fol: 45. At the day of the Nisi prius, the Defen∣nant pleads to the Writ, that one of the Plaintiffes was dead after the last continuance at D. in the County of Darby. Judgment of the Writ, and had it.

47 Ed: 3. fol: 2. If it be found against the Plaintiffe at the Nisi prius, and the Plaintiffe makes default at the day in Bench, yet Judgment shall be upon the Verdict, for that is all one day, and the day of the Nisi prius.

10 H. 7. fol: 21. Debt upon a Lease for yeers, and the Issue was levyed by distresse or not; And now at the Nisi prius, he could not plead a Release made after the last con∣tinuance.

19 H. 6. fol: 36. Forging of false Deeds against many, they were at Issue, Processe continued against the Enquest till the Jury appeared, at which day the Defendant pleads arbitrement after the last continuance, and upon this the Jury was discharged.

21 H. 6. fol. 10. Nisi prius was returned Octa: Mich: that is, the day in Bench: and one Plaintiffe dyed after Octa: Mich: and before Judgment given upon the Verdict; And the Defendant may plead that, for Judgment shall have re∣lation to Octa: Mich: and then the Defendant cannot have remedie by Writ of Error, Audita querela, nor otherwise; therefore he shall have the Plea again. But it seems that the Defendant cannot plead Release made to him, by the Plaintiffe after Verdict, for he shall have an Audita querela, contrary of his death, the day of Nisi prius, and the day in Bench were all one self same day, and no mean time; and therefore Release made mean between these two cannot be pleaded at the day in Bench, notwithstanding it seems at the day of Nisi prius before the Jury taken. The Release which is made mean between the Award of the Writ of Nisi prius, and the day of the Nisi prius, may be pleaded at the Nisi prius. See 10 H. 6. tit: 53 and tit: 55. Br.

22 H. 6. fol: 1. Dower, It seems if the Plaintiffe release to the Defendant mean between the award of the Nisi prius and the day of the Nisi prius, there if the Jury remain for default of Jurors, the Defendant may plead this Release at the day in Bench after the last continuance, though he did not offer it at the day of Nisi prius, and contrary it seems, if the Jury had been ready at the Nisi prius.

36 H. 6. fol: 24. At the Nisi prius the Enquest past for the Plaintiffe, and he released before the day in Bench, the Defendant shall have an Audita querela, and of this it follows, that the Defendant cannot plead that at the day in Bench after the last Continuance. 34 H. 6. fol: 3.

21 H. 7. fol: 33. After the Enquest taken by default, the Defendant cometh before Judgment, and pleads that he and the Plaintiffe have put themselves to Arbitrement after the last Continuance, &c. And by the opinion of the Court, he hath no day in Court to plead that Plea. And it was said that he shall plead no plea in such case, but as a freind to the Court. But of matter apparent he shall be re∣ceived, but in the Kings case, he shall have that by plea;

for he hath no other remedie. But in the case between common persons, he shall have Audita querela, contrary against the King. 11 H. 7. fol: 10. tit. B. 61.

38 H. 6. fol: 33. Debt by Moyle, the Defendant after that he was at Issue might once plead plea, after the last Conti∣nuance, as release or such like, notwithstanding no oftner then once.

41 Book of Ass: 19. If Verdict passe for the Plaintiffe, and the Defendant get a release before Judgment, yet he can∣not plead that.

21 Ed: 4. fol: 52. Adjudge that the Defendant cannot plead Release, made mean between the Nisi prius and the day in Bench.

16 Ed: 4. fol: 5. A man may plead a Plea after the last Continuance, after Issue joyned, and in another Tearm. And therfore it seems, that the parties have day in Court, as well after Issue joyned till Verdict, as before. 50 Ed: 3. fol: 4.

Imparlance at a day in the same Tearm, and at a day and Tearm between, and Imparlance of the Plaintiffe.

COntinuance by Capias, ought to be made from Tearm to Tearm, and cannot have other Tearm between; for that, that the party shall not stay so long in prison, but continuance by distresse may be made by a Tearm be∣tween, as from Michaelmasse Tearm to Easter. 8 Ed: 4. fol. 13.

12 H. 7. fol: Common recoveries for assurance, the Te∣nant tenders Issue, the Demandant may Imparle to a day in the same Tearm.

44 Ed: 3. fol: 16. If a man Imparle to another day in the same Tearm, or till the next day, yet that is a new day, at which the parties are demandable.

37 H. 6. fol: 27. Debt, Defendant pleads misnaming of himself, and the Plaintiffe Imparles, and had it.

22 Ed. 4. fol. 19. Where the Defendant in appeal of Robbery, by which he put his life in jeopardie, the Plain∣tiffe shall not Imparle to that, and therefore ruled that he should answer the Court sitting.

What Pleas he shall have after the last Continuance.

WHere the parties and Jury appear at the fourth day in the Common Bench, and are adjourned, at ano∣ther day a man may plead a Plea after the last Continu∣ance. 28 H. 6. fol. 1.

8 Ed. 4. fol. 9. Where a man pleads death of the Defen∣fendant, hanging the Writ, he shall not plead that after the last Continuance, for that by this the Writ is abated in deed, contrary of a Plea which proves the Writ abate∣able.

34. H. 6. fol: 49. At the day of Nisi prius, the Defendant pleads to the Writ, that one of the Plaintiffes was dead af∣ter the last continuance, at D. in the County of Darby, Judgment of the Writ and the Plea recorded, and the matter adjourned, and had that Plea. 14 H. 6. fol: 9.

38. Ed: 3. fol: 5. Precipe by a Woman, the Tenant ten∣ders his Law of not summoned, and at the day was essoy∣ned, and at the day saith that the Demandant took a Husband after the Law tendered, and for that, that he did not say after the last continuance, that is after the es∣soyn, it was held no Plea.

4. H. 7. fol: 8. A man shall have but one Plea after the last continuance, 38. H: 6. fol: 33. the same.

16 Ed: 4. fol: 5. A man may plead a Plea after the last continuance after Issue joyned, and in another Tearm, till Verdict, but not mean between Nisi prius and the day in Bench.

••. H. 7. fol: 8. A man shall not have a Plea after the last continuance, unlesse such Pleas which were not in being, at the time of the first Plea, for otherwise it is not after the last continuance.

Maintenance.

In so much that Maintenance may be the better avoided, let us see what maintenance is forbidden by the Law

THat no Clark of a Justice or Sheriffe shall not main∣tain parties in quarrels, nor in businesses which are in the Kings Court, West: 2. chap: 28.

That none of the Kings Counsellors, nor none of his house, nor none of his other servants, nor no great ones of the Land by sending of their Letters, nor in other man∣ner, nor no other of the Realm, shall not undertake to maintain quarrels, nor parties in the Country in distur∣bance of the Common Law, 1 Ed: 3. chap: 14. See 20 Ed: 3. chap: 3.

That no Counsellor, Officer, or Servant, nor any other persons, shall not uphold or maintain any quarrels by maintenance, in the Country nor elsewhere, first of R. 2. chap: 4.

That henceforth none buy or sell, or take promise, grant or Covenant, to have Mannors, Lands, Tenements, or hereditaments. But if such person which sells, their Heirs, or they by whom they claim have been in possessi∣on of the same, or of the reversion or remainder of that, or hath taken Rents or profits of that, by the space of one whole year, next before that bargain, Covenant, Grant, or promise, made upon pain of him that bargains, to forfeit the value of the Lands, And the Buyer also knowing that to forfeit also the value of the Land, the one half to the King, the other to him which will sue for the same, within one year after the same offence.

And it is also Enacted, that none from henceforth un∣lawfully maintain; or cause, or procure any unlawfull maintenance in any action or complaint, in any of the Courts of the King of the Chancery: Starr-Chamber, White-Hall, or otherwhere within the Kings Dominions, where they have power to hold Plea of Land by Commis∣sion, Patent, or Writ. And also that none shall instruct Jurors or subborn Witnesses, by Letters, Promises, or by any other sinister labour or means, to maintain any matter or cause, or to hinder Justice, or to procure or occasion any manner of perjury, upon pain of forfeiture, for every such offence 10 l. one half to the King, and the other to him that will sue for the same, within one year after the same offence, 32. H. 8. chap: 9.

If one will say he will maintain, and doth it not, he shall not be punished for maintenance, And Champerty lies, where one purchases, hanging the Suit, 9. H. 7. fol: 18.

See 3 H. 6. fol: 53. It seems it is no maintenance to give money before a Suit begins, but hanging the Suit,

Maintenance, the Writ was in Plea, which was hanging, he maintains, and it is good, and it seems it is better to say in Plea, which was hanging, 10. H. 7. f. 27.

It seems one may covenant to have part of an Obliga∣tion when it is recovered, for travelling with an Alien which cannot speak English, nor Latine to his Counsell, so one may covenant with one indebted to him, and de∣liver him the Obligation of another, in satisfaction of his Debt, to sue in his name, and notwithstanding that he paid Counsell, it is no Champerty. Every Champerty implies in it Maintenance, but not of the contrary, and he to whose use, and every one that hath lawfull Interest in the Land may maintain, 15 H. 7. f. 2.34. H. 6. fol. 33. the same.

By Fineux, If a Servant be arrested for Debt, or o∣ther thing in London, or other Franchise, the Master may maintain him, and spend of his proper money for losse of his Service, Inquire. But otherwise it is in Precipe, 21 H. 7. fol. 40. B. See 21 H. 6. fol. 19. by Newton.

By Newton, and Paston, Servant may pray one skilled in the Law, to be of Counsell with his Master, but a stranger cannot pray one to be of Counsell with my Ad∣versary, for he hath nothing to do, 21 H. 6. fol. 19.

If a man be at the Barre, and another informs the Court, that this man can declare the truth, and pray that he be sworn; and by the commandement of the Court he swears, this is Maintenance iustifiable, but if he had said for one, or the other, of his own head, this is Maintenance punishable: the same Law, if he informe a Jury sworn, of his own head, it is Maintenance punish∣able, 28 H. 6. f. 6.

The Master may pray one skilled in the Law, to be Counsell with his Servant, and this is Maintenance iusti∣fiable, but he cannot give of his own proper goods to distribute to men of the Countrey, for maintaining his quarrell; for then he meddles with a thing forbidden by the Law; and by Prisot he may iustifie giving money to Lawyers to be of Counsell with his Servant, but not to give money to others, not learned in the Law, 28. H. 6. fol. 12.

By Fortescue, Master may pray one learned in Law, to be of Counsell with his Servant, but not to give to

them money, unless it be of his Wages, and he saith one skilled in the Law, may be of Counsell without a Fee, Inquire 31. H. 6. f. 2.36 H. 6. fol. 29.3 H. 6. f. 55. Main∣tenance one may iustifie, for that he is his Servant, but he cannot give money.

Maintenance, Defendant iustifies that he is a Bail, and that he came to the Defendants Attorney, and pray∣ed him to be carefull, the which is the same Mainte∣tenance, by Priso••, it is not good to say it is the same main∣tenance, for this is no Maintenance, for every stranger may pray the Attorney, for it is the part of an Attorny to attend to that, and for that it is no Maintenance, 32 H. 6. f. 29.

It is iustifiable to speak to a Lawyer for him, that he can∣not speak English, and by Laken, Master may pay money of his Servants Wages to the Counsell, by the consent of his Servant, but a Bail cannot pray a man learned in the Law, to be of Counsell, but may come and see if his appearance be recorded, and it seems that the Father may give of his own money for his Sonne and Heir, for he is bound to find him, contrary of another Cozine, 34 H. 6. fol. 27. B.

If one be retained to ride to London, and when he comes there to maintain him, this is not instifiable, but it seems otherwise, if he were hired for the iourney, that is iustifiable, and the same of a Servant, 39 H. 6. fol. 6.19 H. 6. fol. 31.

Where one hath property in the thing demanded, he may maintain by Moyle, as goods or writings are deliver∣ed to J.S. and Detinue is brought against him by a stran∣ger, the Deliverer may maintain, and in Precipe quod reddat, or Ass. against a Farmer the Lessor may main∣tain, 39 H. 6. f. 21. See 9 H. 6. f. 64 the same.

Where one hath Rent out of Land in Fee, and hath the Writings granted unto him by R. the Grantee may maintain R. in Detinue of writings of the same Rent, and it seems that a Master may maintain his Servant, and a man may maintain his blood, and his kindred, and give money to the poore, and that Maintenance is iustifiable, and he in Reversion may maintain his Tenant for life, after Attournment, and not before, and this is seen in giving his own proper money, 9 H. 6. f. 64. See 14 H. 7. f. 2. by Reade.

In attaint, it seems that one may aid and maintaine his Cozen in aiding and councelling him at the bar, 12 H. 6. f. 2. R.

Maintenance in Assise of Fresh force, Defendant Justi∣fies for that he was of his aliance, and shews how cozen, and it seemed good, by which the Plaintif saith that he promised ten shillings peice to two of the Jury to passe for him, 20 H. 6. f. 1.21 H. 6. f. 19. By Paston a man may maintaine his Kinn and his Allies.

Maintenance, Defendant justifie, that the party was his Chapleine ••etained with him, and he gave him notice who he should have of his Councell, which is the same maintenance, and it seems that is no maintenance: And for that the Defendant saith, that he was at the Barr to aid him, and that is a good Justification to say that is the same maintenance, 19 H. 6, f, 30.

In maintenance, Defendant cannot plead not-guilty, but he ought to answer to the point of the VVrit, that is to say, he did not maintaine, ready to Justifie, and others to the contrary, 8 H. 6. fol. 36. But by 2 Ed. 4, fol. 16, In maintenance not guilty, is pleaded and allowed.

By Choke, if my Brother or Cozen hath a Suit in the Law and praies me to aid him to learned councell, and I pray a man to be of his Councell, this is a good Plea in maintenance, contrary if a stranger do it, but if he gives his own Money for his Brother or Cozen, this is speciall maintenance, 9 Ed. 4. fal. 34. In action upon the Statute of Laborers.

Where Tenant in taile or for life is impleaded, he in re∣mainder or Reversion may maintaine, and give of his pro∣per Money for safegard of his Interest, for he which hath Interest in the land may maintaine to save that, 1 Ed. 6. tit. 53. Maintenance.

It is held a difference between action reall, where land may come to him, and an action personall, for he to whom lands may come as by Remainder, Reversion, Discent, and such like, may maintaine in action reall. And by Brian, a man may shew to another, who is a man learned in the law for the party to retaine, but he may not give Money to the Counsellor, and one Neighbour may go with another to seek Councell, and a man may maintaine his Servan•• and give of his wages behinde, and otherwise not to give

Money, but he may lend to him or another Money, and and that is no maintenance, but he in Reversion or Re∣mainder, may give money where the land is in question. And the Servant may maintaine his Master, as to go and labour for him, but he cannot give of his proper mo∣ney for him: And so it seems that he who hath marryed the Daughter of one party, may maintain him in an action Reall, but not in an Action personall, 19 Ed. 4. fol. 3. Br.

Upon the Statute of, 32 H. 8. chap. 9. That a man shall not buy land, unlesse the Seller hath been in possession by a year before, it was agreed in Sergeants Inne, that if a man Mortgage his Land, and redeeme it, and he sells it within a yeare after the redemption, that he may doe it without danger of the Statute; for the Statute is to be intended of pretenced title, and not of a cleere title. And the ancient Statutes are that none shall maintaine, yet one may maintaine his Cozen, as above, for they are to be intended of unlawfull maintenance, that is, that unlawfully one cannot maintaine, 6 Ed. 6. tit. 38. mainte∣nance.

One skilled in the Law may give evidence for his Fee to the Jury, and tis no Imbracery: But is Imbracery in a∣nother, unlesse he be sworn, 6 Ed. 4. f. 5.

If Precipe be brought against me, and hanging that I in∣feoff J.S. and the Demandant recovers by default after default, and I bring Writ of deceit, it seems J.S. cannot maintaine, for that, that the possession which he hath is Champerty and against the Law, 8 Ed. 4. fol. 13.

Maintenance, the Defendant justifies that he is his Neighbour, and knew no man skild in the Law, and he informed him of one, and a good Justification, by which the Plaintiff shewed speciall maintenance that is giving Money to the Jurors, 12 Edw. 4. fol. 14. See 19 Edw. 4. fol. 3

Maintenance, the Defendant may plead that he was a Juror, and that is good, without saying that he gave Ver∣dict, but if after Verdict given, the Juror praies Judgment, this is maintenance, 18 Ed. 4. fol. 2.

If a Juror give Money to his Companion to passe, this is maintenance notwithstanding that it be for truth: But to perswade him to passe, is no maintenance, 17 Edw. 4. fol. 5.

One may be baile, and that is no maintenance, so that he do not meddle more in the matter, 18 Ed 4. fol. 13.

Trespas of digging land, the Defendant justifies, for that that the place where, is their Church-yard, and that the Inhabitants have used there to be buried, and for making grave there justifies, and field, that all the Inhabitants may maintaine in this action, though they were not parties, 18 Ed. 4. fol. 2. See before, 15 H. 7. fol. 2. That every one that hath lawfull interest may maintaine.

Maintenance, supposing that the Defendant maintai∣ned A. in Assise: The Defendant saith that A. held of him by which he came with him to the Assise, & staid with him, pray'd the Sheriff to make an indifferent pannell, which is the same maintenance, and it is a good Plea, 11 H. 6. f. 39.

Generall Attorney which sues, and is not skilled in the Law, may well meddle, but he cannot proffer Money to a Jury, but may pray them to appeare, 34 H. 6. fol. 27. By Choke.

Maintenance, he cannot justifie for that, that he was an Attorney retained with him, and that by commande∣ment of his Master he retained Councell, and gave to them forty pence of his Masters Money, and good

Inquire if an Attorney cannot retaine Councell with∣out the commandement of his Clyent, and if he may not disburse of his proper Moneys for the time: But Attorney cannot give of his proper Money, nor of his Masters mo∣ney to Jurors. 36 H. 6. fol. 29.11 H. 6. fol. 13. the same.

Maintenance, the Defendant saith that he was an At∣torney in the action Judgment if action, and good. But he cannot give any thing to the Jury but as an Attorney, and give Evidence to the Jury for his Clyent he may, 13 H. 4. f. 19.

If a man maintaine a quarrell by his Attorney, action of maintenance lies against the Master, 22 H. 6. f. 24. And by Newton, If a man of great power in the Countrey, will say in the presence of the people, that he will spend twenty pound for one party, or will give twenty pound to labour for the party, though he give nothing, is maintenance, see before, 9 H. 7. fol. 18.

Maintenance against a Servant of one by Fortescue, if he meance Jurors to out them of their Tenures, if they do not pa••e with his Master, this is special Maintenance in the Servant, 19 H. 6. f. 30.

A man skilled in Law may do his endeavour for his Client, and it is no maintenance, if the Plaintiff cannot alleadge other special matter forbidden by the Law, 8 H. 4. f. 6. B.

Embraceor, is he which comes to the Barr with the party, and speaks in the matter, or is there to overlook the Jury, or to put them in feare: but men skilled in Law may speak in the Cause, for their Money, but they cannot labour the Jury; and if they take money to do that, they are Embraceors. Fitzh. f. 71. A.

Tenures and Services.

It is expedient to know the Services and Tenures which your Tenants shall do: and first, of the Tenure in cheif, and other Tenures of the King, and then of other Lords.

FIrst, Tenure in cheif is called, where one holds of the King meerly as of his Crown, which is a Signiory in∣grosse, for that it is held of him which is alwayes King, and not of the King as of his Mannour of D. &c.

Fuzh. 3. D. If any Land be held of the King, as of the Honour, Castle, or Mannour, such Lands are not held of the King in cheif, and this is proved by the Writ of Right, which shall be directed in such a Case to the Bai∣liffs of the Honour, Castle, or Mannour.

Also the Statute of Magna Charta, chap. 31. is, if any hold of any Escheat, as of his Honour of Wallingford, Not∣tingham, Bullo gne, Lanca••••er, and of other Escheats which are in Our hand, and are of Baronies, and dies, his Heir shall not give other releif, nor make to us other Service, then the Barons should make, if that Barony were in the hands of the Baron, and we in the same manner will hold it as the Baron held it.

1 Ed. 6. chap. 4. also is, that where a King hath, or after shall have any Dukedomes, Baronies, Castles, Mannours, Land, Tenements, Fees, or Signiories, by Attainder, Conviction, Outlary, or by Dissolution of Monasteries, which Lands held of them by Knights Service, Socage, or otherwise, shall not be construed to hold in chief, nor as Tenure in cheif. See in Br. Tit. Tenures, 100.

Littleton, fol. 31. Tenure of the King in Burgage is, where an ancient Town is, of which the King is Lord, and those which have Tenements within the Borough, hold of the King their Tenements, that every Tenant by his Tenure ought to pay to the King a certain Rent by the year, and such Tenure is but Tenure in Socage.

Fitzh. 6. D. Lands and Tenements within Cities and Townes are held of the King in Burgage Tenure, and it behoveth that a Writ of Right Patent of them shall be di∣rected to Mayors, Sheriffs, and Bailiffs, as Bailiffs, and Officers of the King, as if Lands were held of the King, as of any Honour, Castle, or Mannour, by which it ap∣pears, Tenure in Burgage is Socage Tenure, and not Socage in cheif: Fitzh. fol. 1. J. the same.

Stamford, 13. If one hold of the King in Burgage, the King shall not have (first Seisin) but otherwise it is where he holds of the King by Knights Service in cheif, or by Socage in cheif, for the Statute of the Kings Prerogative, chap. 3. is, the King shall have the first Seisin after the Death of them, which of him held in cheif, of all Lands, and Tenements of which they were seised in their Demesn, as of Fee, whatsoever age their Heirs were of, and that is taken as well of Socage in cheif, as otherwise in cheif.

7 H. 6. fol. 3. The King shall have first Seisin, where his Tenant dies seised in his Demesne as of Reversion.

47 Ed. 3. fol. 21. If the King purchase Lands which is held of others, by this all the Services are extinguished, and if he infcoff others to hold of him, he shall hold of his Crown in cheif, by Finchden: and also when an Honour is seised into the Kings hands, and a Mannour is held of that Honour, which escheats unto him, as of common Escheat, if he alien to hold of him, he shall hold as he held before of the Honour, and by the same Services; but if he come in as by Forfeiture, by Warr, or Escheat, which is because of his own person, and he seise, and infeoff others, they shall hold in cheif, if the King do not expresse other Te∣nure.

33 H. 6 fol 7. By Prisot, if the King seise Land by For∣feiture of Treason, and grant that over, to hold of the cheif Lord, by the Service due, &c. that in this case he shall hold of the cheif Lord, as it hath been adjudged.

44 Ed. 3. f. 45. The King gives Lands to one, to hold to

him and his Heirs, by the Services due, &c. and by all the Justices, that is Tenure by Knights Service.

11 H. 4. fol. 71. It was recorded in the Exchequer, that such a one holdeth so much Land of our Lord the King by Serjeanty, to finde one Man for the Warr wheresoever within the four Seas: and by Hank, it is great Serieanty, to be made by the Body of a Man.

13 H. 7. fol. 16. If one hold of the Dutchy of Cornwall, it is in cheif, for it was ancient Lands of the Crown.

Fitzh. 165. A. To hold Land to pay certain Rent to the Keeper of the Castle of Dover, is a Tenure in cheif. See Littleton, 23. See 5 Ed. 4. f. 127.

19 R. 2. Tit. 185. Guard. F. Keeper of a Castle in England is Knights Service, for it countervailes Escuage, and is of the same nature.

8 H. 7. fol. 12. If I hold of the King, and he grants the same Service to me, yet I shall hold of the King, for all is held of the King mediately or immediately.

Magna Charta, chap. 20. See there for keeping of a Castle.

38 H. 8. Tit. 60. B. Livery, where the Heir was in Ward to the King, and come to full age, there he shall sue Li∣very out of the Kings hands: and the first Seisin is, where the Heir is of full age, at time of the Death of his Ancestor, and where his Tenant holds in Socage in cheif, and dies.

10 H. 7. f. 23. If one hold of the King to inclose a Park, he may by his Grant after reserve for that six Marks; and the King is not bound by the Statute of Westminster the third.

It is held 21 Ed. 3. fol. 41. The King gives the honour of Barkhamsted to the Prince, and his Heirs Kings of Eng∣land; and so it seems, that Lands held of that Honour, seems to be held in cheif, yet Magna Charta is, that Ho∣nour is not properly in cheif.

26 H. 8. fol. 10. By Fitzh. Lands in the County Palatine of Lancaster held of the Dutchy, the King there hath king∣ly Rights, and there Livery shall be sued.

17 H. 8. fol. 31. Tenant of the King in cheif, makes a Gift in Tail without licence, the King may choose the Donee or Donor for his Tenant. And if Tenant of the King before the Statute of We m. 3. make a Feoffment, the King may choose the Feoffee or Feoffor for his Tenant, 4 H. 6. f. 19.

33 H. 8 Tit. 94. B. in the Exchequer, 3 Ed. 3. Rot. 2. It was found that a man held of the King in cheif, as of his Honour of Raleigh, and it was taken no Tenure in cheif, but a Tenure of an Honour, otherwise it is if the Honour be annexed to the Crown, for then the Honour is in cheif. And in the year 11 H. 7. The Honour of Raleigh was annexed to the Crown, and so it is in cheif. But where the King gives Lands to be held of him by Fealty, and two pence for all Services, that is Socage in cheif, for it is of the Kings person, and contrary if it were to be held of the Mannour of B.

24 Ed. 3. Tit. 19. He which holds of the King by Service to finde a Man to serve in the War, by forty Dayes at his own Charge, this is great Serjeanty Tit. 69. Br. That a Tenure to finde one Horse, and such like, is but small Ser∣jeanty, for it is not corporal Service.

44 Ed. 3. f. 45. The King gives the Fee-farm of a Town, that is, such a Rent, to be held for term of life, and after confirmes to him, and to his Heirs, to be held by the Services due, and this is held Knights Service of the King, for the most high, and better shall be taken for the King: and by Fitzh. 263. B. it appears, that Rent may be held of the King by Knights Service in cheif as well as Land, &c.

10 H. 6. f. 12. Rent lies in Tenure of the King.

14 H. 6. f. 12. If the King grant Land to me in Fee, to be held as freely as the King is in his Crown, yet I shall hold of the King, and if I alien without licence, I shall make Fine, for this is vested in the King by his Preroga∣tive, and shall not pass out of his Person by general words; by Paston in the end of the Case.

45 Ed. 3. fol. 6. By Finchden, if my Tenant infeoff the King, and takes back of the King, to hold of the King, yet he is my Tenant in right, and shall hold of the King also. But inquire of the Tenure of me, for the Tenure was once extinct, by the Kings Possession.

29 H. 8. Tit. 61. B. If the King purchase a Mannour which J. S. holds, the Tenant shall hold as he held be∣fore, and he shall not render Livery, nor first Seisin, and he shall not hold in cheif: and it is said, if the King grant the Mannour to W. N. in Fee, except the Services of J.S. Now J.S. holds of the King as of the Person of the King,

and yet he doth not hold in cheif, but as he held before; for the act of the King shall not prejudice the Tenant.

31 H. 8. Tit. 70. B. Lord and Tenant, the Tenant is at∣taint of Treason by Act of Parliament, and so forfeits all his Lands, and after is pardoned, and restored by another Act of Parliament, to have to him and his Heirs, as if no such Attainder or former Act had been; now he shall hold of a common person as before, and yet once the Tenure was extinct.

3 H. 3. Tit. 94. B. Where the King gives Lands to be held of him by Fealty, and twelve pence for all Services, this is Socage in cheif, for it is of the Kings person.

23 H. 3. Tit. 148. Guard. F. If a man holds of the King to go with him in the Army against Scotland, in the Van∣guard, and in his Return in the Rereward: and so if he hold to give to the King Hornegild, which is said Cor∣nage, it is great Serjeanty.

38 H. 8. Tit. Livery 60. The Heir of him which holds of the King in cheif in Socage, shall not pay first Seisin to the King, for all his Lands, but onely for those Lands held in Socage in cheif, contrary of him which holds in Knights Service in cheif, and where he holds in Socage in cheif, the other Lord shall have, (Ouster le main) with Is∣sues.

2 Ed. 4. fol. 6. Land is given in Tail, to be held of the cheif Lords, these words to be held, &c. are void, and he shall hold of the Giver.

Where there is Lord and Tenant, if the Tenant be dis∣seised, and the Disseisor dieth seised, and his Heir is in by Discent, the Lord ought to advow upon him: but if there be Lord and Tenant, and the Tenant infcoffs another, which doth not give notice to the Lord, now the Lord du∣ring the life of the Feoffor, may take him for his Tenant, or the Feoffee at his pleasure, 4 H. 6. f. 19.

3. Book of Assise, 8. Lands is given in Tail, without say∣ing of whom to hold, the Donee shall hold of the Giver; and if a man before the Statute of Quia Emptores, give in Fee, without saying of whom to hold, the Feoffee shall hold of the Feoffor; Littleton, f. 5.

16 Ed. 3. Statham, fol. 23. If Lands be given in Tail, to be held of the Lord, this (to be held) is void, and the Lord ought to avow upon the Feoffor.

5 H. 7. fol. 35. Mesnalty lies in Tenure by a Mesne, con∣trary of an Advowson appendant, 1 H. 4. f. 1. the same.

33 H. 6. f. 34. Was the opinion, that Advowson may lie in Tenure, as where a Mannour and Advowson are held, the Advowson is made in grosse, and the Advowson is held for it self.

21 Ed. 3. f. 3. It seems that an Advowson lieth in Tenure, 24 Ed. 3. Tit. 18. 14 H. 7. fol. 26. & 15 H. 7. fol. 8. the same.

32 Ed. 3. Tit. 75. Br. A fishing doth not lie in Tenure, for the Soil may be to one, and the fishing to another.

11 H. 4. fol. 80. It seems by Hill, that Rent cannot be held of a common person, 10 H. 6. f. 12. Rent lieth in Te∣nure of the King, 10. Book of Assise, 24. 1 H. 6. f. 21. Fitzh. 263. B. 13 H. 6. f. 12.

40 Ed. 3. fol. 44. Fishing lies in Tenure, and yet it is a profit in anothers Soil, 8. Book of Assise, 7. Office may be held in cheif.

42 Ed. 3. fol. 7. Advowson, may hold, 43 Ed. 3. fol. 15. the same.

14 H. 4. fol. 3. Where a Deed is to hold by Homage, Fealty, Escuage, and Rent, for all Services, the Lord shall not have Suit of Court.

20 H. 7. fol. 10. He might before the Statute infeoff one to hold of him, and after the Statute if he infeoff him of part, he shall hold for that part, 10 H. 7. fol. 10. the same.

5 H. 7. f. 11. By Fairefax, Termor for yeares shall make Fealty to his Lessor, Littleton, 25. 9 H. 6. f. 43. the same.

10. Book of Ass. 29. Lord, Mesne, and Tenant, the Te∣nant holds of the Mesne by three pence, and the Mesne over of the Lord by four pence, the Mesne dies without Heir, the Lord shall have the three pence, for the Signiory is extinct in the Mesnalty, so that he shall onely have the Services which the Mesne should have had, and also the Services which the Mesne paid to the Lord; but it is said otherwise upon forejudging, for there the ancient Signio∣ry remaines, for this wills the Statute.

Littleton, 41. Lord, Mesne, and Tenant, and the Te∣nant holds of the Mesne by the Service of five shillings, and the Mesne holds over by the Service of twelve pence; the Lord Paramount purchases the Tenancy in Fee, then the Services of the Mesnalty are extinct; but for that that

when the Lord Paramount hath the tenancy, he holds of his Lord next Paramount, and for that the Signiory of the Mesnalty is extinct, but for that that the tenant holds by 5. shillings of the Mesne, and the Mesne holds but by twelve pence, the Lord shall have the foure shillings of the Mesne as Rent ••e••k, 2 E. 2. fol. tit. Exting. 6. F.

26 Book of Assises 66. A man may hold by homage, and yet not Knights Service but in Socage.

Littleton 22. VVhere a man holds by homage and feal∣for all manner of Services it is Socage, for homage by it self doth not make Knights Service.

26 Book of Assises 66. The King, Lord, Mesne, and Te∣nant, the Tenant holds of the Mesne by Socage, and the mesne over by Knights Service, the Tenant gives in Frank-marriage, rendring 12 d. by yeare, for all services, saving Service abroad, and it seems, that by this word, (saving the Service abroad) the giver shall have only such Servi∣ces, by which he himself is charged over.

31 Book of Assises 30. When a man gives Lands in fee before the Statute to be held by two pence, saving the service abroad, yet he shall hold by Knight service, by Thorpe. See, 31 Book of Assises 15.

Fitzh. 8. A. If the Husband infeoff J. S. and dye, and after the Wife is indowed, she shall hold this Dower of the Feoffee by Fealty, 33 Ed. 3. Statham fol. 75. Where the wo∣man is indowed by the Guardian, shee shall be Attendant to the Guardian, and at full age to the heire.

3 E. 3. tit. 84. B. A woman tenant in Dower shal hold of the Heir for parcel, and he shal make Avowry for that portion.

34 Book of Ass. 15. Where Tenant in taile dyes with∣out Issue, and his wife is indowed, and the Donor enters, shee shall hold by the third part of the services, for this is the act of God, and the Law: The same Law is where there is Lord and Tenant, and the Tenant dyes without Heire; and the Lord enters for Escheat, and the wife of the Tenant recovers Dower, and hath Execution, shee shal hold by the 3d part of the services, contrary where the Lord purchaseth the tenancy in fee, and she is indowed she shall render nothing to the Lord, for this is his own act.

24 H. 8. tit. 53. If a man before the Statute of, Quia empto∣res terrarū, had made a gift of land to one in fee, for repai∣ring a Bridg, or for keeping sucha Castle, or for marrying

yearly a poore Virgin of S. this is a Tenure, and the Do∣nor may distraine and make avowrie and not condition: but if a woman give lands to a man to marry her, this is a condition in effect and no Tenure.

9 H. 3. fol. 72. Lands in Gavelkinde are held in Socage, and not in Knights Service, Fitzh. 13. D. Lands which are held in ancient Demesne are Socage.

13 R. 2. tit. 76. A man gives land to hold by ten shillings for all Services; Exactions, Customes, and Demands. And yet the Tenant was constrained to pay releife, for that is incident, as well to Socage, as to Knights Service.

29 H. 8. tit. 64. A man makes a Feostment of the halfe of his Land, the Feoffee shall hold of his Lord by the whole Services, that the whole land was held before, for the Statute to hold for that particular, doth not hold place here, for moiety is not a particular, as of one Acre or two Acres in certaine, but count of the third part, which goes throughout, and every where.

And if a man holds two Acres by a hauk, and makes a Feoffment in Fee, of one Acre the Feoffee shall hold that by a hauke and the Feoffor shall hold the other Acre by another hauke, Westm. 3. fol. 85. It is lawfull for any man to sell, so that the Feoffee hold of the cheife Lord for that part according to the quantity of the land; that is, the value of the land so sold, &c.

Littleton 41. If one holds his land of the Lord by the Service, to render to his Lord yearly at such a feast a Horse, or a Ring of Gold, or a clove, if in such case the Lord purchase parcell of the land, such service is gone, for such service cannot be severed nor aportioned, but if the te¦nant hold by homage, Fealty and Rent, and the Lord pur∣chase parcel of the land, the Rent shal be apportioned, but the Homage and Fealty shal continue intire to the Lord.

8 H. 7. fol. 14. It is impossible that any Land should be and not held of the King, either mediately or immediately and for that the King cannot release to his Tenant all his Services.

10 H. 7. fol. 10. If the Tenant which holds two Acres by twenty pence, makes a Feoffment of parcell, the Lord may distraine in this parcell so aliened, and also in this part which remaines in the possession of the Tenant

11 H. 7. fol. 12. Feosment before the Statute, or a gift

in taile to make a thing to himself, or to another for com∣mon wealth, is good, as to make a Beacon or a Bridge, but to ride with a stranger is not good.

Fitzh. 1. L. To hold of us by free service, to finde for us together with his partners, Five ships for our passage at our command for all Services, it seems to be Socage tenure.

Fitzherb. 83. C. E. A Writ de. Scutgio habendo, lyeth when one holds by Knights Service, and the King goes in avoyage into the VVarr in his proper person, or his Leife-Tenant against the Scots, and none shall pay Escu∣age, but those which hold to go into the VVarr, and not he that holds by Cornage, nor by keeping a Castle, Littleton 18. and Littleton the 19. One may distrain for Escuage, or have a VVrit, De scutagio habendo.

Fitzh. 135. a. If one hold twenty Acres by twenty shil∣lings of the King, and aliens a parcell, yet the King or his Officer, may distraine one of the Tenants for all, and is not bound by the Statute to distraine for that parcell, but otherwise it is of a common person, for if he distraine one for all, he shall have a Writ to be discharged for a ratable proportion: But in case the king or his Tenant aliens part, the Alienee makes Fine to the king for this Aliena∣tion: It seemes reasonable, if he be distrained for all the Rent, he shall have a Writ to be disburdened, for a rate∣able proportion, against the kings Officer which distrains, Westm. 3. That the Feoffee of part, shall hold for that particular part, according to the quantity of the Land so sold, &c.

Where by 27 H. 8. chap. 27. It was Enacted, That the king shall have to him and his heires, all Monasteries of Monks, Channons, and Nunns, which had not Lands, Tenements, Rents, &c, above the value of two hundred pounds: And also all Monasteries which have been gran∣ted to the king within a yeare next before this Statute, by the Abbots or Priors under their Seale, or which have been otherwise suppressed or dissolved; yet in this Act is a saving to the Lords Rents, profits, services, and com∣modities, as they before have had them: So that of these Monasteries, the Rents and Services of the Lords are not gone by this Act; where such Abbies hold Land of any Lord, but are saved to them.

But By 31 H. 8. chap. 13. The King is vested, deemed, and adjudged, in actuall and reall Seisin, and possession, as well of the Monasteries dissolved by 27 H. 8. as of all others, and in this statute is a saving to every person, all their Right, Title, Claim, Interest, Possession, Rents, Charge, Annuities, Leases, Offices, Commons, Synods, &c. and other Profits in the Premises, or any part of that, as if this Act had not been made, (Rents services, Rents seck, and all other service, and suits onely except) so by this statute, the Rents and services of the Lords are gone.

1 Ed. 6. chap. 14. which gives Chanteries, &c. to the King, in this is a Proviso that every one, which before that Act, lawfully without Covin or fraud, hath any manner of Rent, or any yearly profit to be taken of Chantries, Colledges, free Chappells, and other the Premises in like manner and form as they ought to have, if the Chantries, &c. had been in being, so that the Lords of those shall not loose their Rents.

2 and 3 Ed. 6. Chap. 8. It is enacted, that where by of∣fice found, the King is intituled to Lands or Tenements, in which others have Copihold, Rent, common Office, Fee, or other Profit to take, for life, or for years, not found in the same, that they shall enjoy the same Inte∣rest by Copy, Rent, common Office, Fee, or other Profits to be taken, as if the same had been found by Of∣fice, and provides that if one be found within age, or of lesse age then he is, that at his full age, or after, he may have (Aetate probanda) or sue Livery, or (Ou••ter le main) as his Case lies, and provides that where it is false∣ly found by Office, that any Attaint of Treason, or Fe∣lony, is seised of any Lands, or Tenements, whereof another hath just Title, or Interest of an Estate of Free∣hold, that he shall have Traverse, or Monstrans of Right to the same, without being put to his Petition.

And provides where it is found, of what man or of whom the Tenements are held, the Jury is altogether ignorant, it shall not be taken for a Tenure in Cheif, but there shall be a better Inquiry awarded.

37. H. 8. Chap. 20. It is enacted, that where by 35 H. 8. chap. 14. Houses, not being Princely houses of the King, having Lands not above forty shillings, that is, were granted by the King, and Tenure by Fealty to the King,

and not in Chief, is Socage, and that extends to all Letters Patents, made within five years after the Statute.

Littleton, fol. 23. If a man hold his Land, by pay∣ing certain Rent to his Lord for keeping a Castle, such Tenure is Tenure in Socage; but where the Tenant ought by himself, or by other make the keeping of a Ca∣stle, such Tenure is Tenure by Knights Service, so by Littleton, Escuage to go of a voyage Royall, &c. and to keep a Castle, or the doore thereof, &c. and to hold by Cornage, that is, to hold, to make Service by the bo∣dy of a man, these are Knights Service, and to hold to pay Rent is Socage, for payment by him is Socage.

View.

Where one shall have View of Land in a Writ, or Plaint in nature of a Writ of Land, and where not.

THe View is not to be granted, but where it is neces∣sary, and if any Writ abate, by a dilatory exception after the View, as by non-tenure, ill naming the Town, or such like, he shall not have the View in the second Writ which issueth, also in a Writ of Dower where her Husband hath aliened to the Tenant, or his Ancestors, although the Husband died not seised, the Tenant shall not have the View, and also in a (dum suit infra aetatem) (not of a right mind) and such like, the View shall not be granted, West. 2. Chap. 48.

1 H. 5. fol. 11. upon the Resummons of Dower, the Tenant demanded the View, the Demandant saith, her Husband died seised, by which Judgement, and prayed that he be outed, and he was outed by a Ward, 5 H. 5. f. 4.9 H. 5. fol. 4. f. 9.

9. Ed. 4. fol. 6. Dower, the Tenant demands the View, and held where the Husband aliens, the View is outed by the Statute.

2 H. 4. fol. 2. Dower, the Tenant hath the View, notwith∣standing that he disseised the Husband, See 7 Ed. 4. fol. 19.

11 H. 4. fol. 38. Dower, the Husband did not die seised,

and this was the Counterplea to out him of the View, 5 H. 5. fol. 4.9 H. 4. f. 9.

44 Ed. 3. fol. 31. Dower of Rent, for that, that the Husband was seised of Land, he was outed of the View by statute.

21 Ed. 4. fol. 26. Dower, where the Husband dies seised, and in Assise where Jurors have the View, and where the Tenant takes knowledge of the Land in De∣mand, as in action against two: One saith, that he is Tenant of all, in these Cases he shall have no View.

33 H. 6. f. 57. Dower of Lands in diverse Townes, and to parcell the Tenant pleads Barre, and demands the View in one Town, and shall not have it, for that, that he hath notice of parcell.

9 H. 6. f. 65. Wast, if six of the Jurors have not the View, the Inquest shall not be taken, 9 Ed. 4. fol. 1. In Waste and Assise, the Jury shall have the View. 21 Ed. 4. f. 26.

3 H. 4. f. 16. In Attaint upon verdict of Assise, the Ju∣rors shall not have View, for in this Writ it is not, (let them see the Land) and yet in Assise, and Certificate in Assise, the Jurors shall have the View, 7 Ed. 4 f. 1.

22 H. 6. fol. 27. Entrie in two Acres, and the Tenant pleads in Barr to one, and demands the View of the o∣ther, and shall not have it, for he hath taken notice of parcell, and intended of all, 2 H. 4. f. 26.

7 H. 4. f. 9. Defendant shall not have View in an Acti∣on upon the Case, for that, that it is personall, 7 H. 4. f. 32. the same, 46 Ed. 3. fol. 27.29 Ed. 3. fol. 43. the same.

3 H. 6. fol. 34. The statute is, for ill naming the Town, by non-tenure, and such like, if the Writ abate after the View, he shall not have the View, in the se∣cond Writ, and yet said, that if the first Writ abate for false Latine, that he shall not have View in the second Writ, but where the first Writ abates for form, as where the name of the Wife was put in the Writ, before the name of the Husband, he shall have View in the second Writ, for that vests the fault in the Partie.

10 H. 4. fol. 6. Precipe, The Tenant hath View in the second Writ, where the first was discontinued after the View.

12 H. 4. fol. 4. Precepe against two, where one dies after the View, and the Writ abates, yet in the se∣cond Writ against him which is alive, he shall have View.

12 H. 4. fol. 11. Where the first Writ abates for false Latine, and by Thirne hath the View in the second Writ, Seek.

13 H. 4. fol. 8. He hath the View in the second Writ: where the first was abated by excepion of the Tenant.

13 H. 4. f. 14 The Tenant hath the View in the second of VVrit of 6 Acres, where he had the View in the first Writ of 6 Acres, abate, 42 Ed. 3. fol. 23. Precipe, where after the View, the first VVrit abates by death, and in the new by miscounts, he shall not have View, 43 Ed. 3. fol. 35.

42 Ed. 3. f. 33. Precipe abates by false Latine, and in a new by miscounts, he shall not have the View, 7 H. 6. f. 36. the same, 46 Ed. 3. fol. 16. In a VVrit of Besayle, he shall not have the View, where he had View before in a VVrit of Cozenage, which was misconceived before of the same Land, and for that abates.

46 Ed. 3. fol. 34. In a dum fuit infra Aetatem, the Te∣nant shall not have the View where a dismission was made to the Tenant by his Ancestor.

48 Ed. 3. fol. 31. In a dum fuit infra Aetatem, the Te∣nant shall not have the View, for he is out by the statute.

29 Ed. 3. fol. 39. In dum fuit infra Aetatem, in the per and cui, the Tenant shall have the View, otherwise, where it is in the per onely, for he is there outed by the statute.

22. Ed. 3. fol. 9. Precipe, The tenant hath the View, and after the Demandant was non-suited, and after brought another VVrit, and the tenant demands another time the View, and had it.

24 Ed. 3. fol. 48 Precipe, the tenant abated that by wa∣ging of Law, of not summoned, and yet in another brought freshly, he shall have the View, but he had not that in the first.

38 Ed. 3. fol. 1. Precipe, Against Husband and Wife, they have the View, and the Husband dies, and in a new Writ freshly brought, the Wife demanded the View, and was outed, for it is not necessary, 29 Ed. 3. fol. 22.

38 Ed. 3. fol. 41. VVhere the first VVrit abates by no such Town where he had the View, and yet in the second VVrit, he shall have the View.

30 H. 7. f. 8. (Cui in vita) the first VVrit abates after the View, for that he did not shew of whose Demise he claimed in the second VVrit, he was outed by Fineux, and Davers, and by Vavisor, said, he shall have the View in the second, if the first were not abated for any cause which comes upon the View, unlesse it were by death a∣bated.

41 Ed. 3. fol. 8. Quod ei deforceat, The Defendant shall not have View, for he is outed by the statute, 41 Ed. 3. fol. 30. the same, 44 Ed. 3. fol. 42. the same.

41 Ed. 3. fol. 8. Quod ei deforceat, The Defendant shall not have the View, for he is outed by the statute, 41 Ed. 3. fol. 30. the same, 44 Ed. 3. fol. 42. the same.

41 Ed. 3. f. 22. Assise of Nusance, the Defendant shall have the View.

46 Ed. 3. f. 27. Curia claudenda, the Tenant shall have the View.

48 Ed. 3. f. 4. Gessavit, the Tenant shall have the View, where it is of his own ceasing, where he is Te∣nant of the Land, and not Tenant to the Lord, for he is as a stranger.

2 H. 4. fol. 6. Cessavit, of the Seisin of his Father, and of his own ceasing, he shall not have View, for that it is of his own wrong, 7 H. 4. f. 16. the same, 2 H. 4. f. 14.

37 H. 6. fol. 28. Cessavit, where it is of his own ceasing, he shall not have the View, 4 H. 6. fol. 29. the same.

7 H. 6. fol. 47. Entry upon disseisin of Rent, the Te∣nant hath View of the Land, out of which the Rent is is∣suing. 8 H. 6. fol. 66. the same.

35 H. 6. fol. 70. Entry in the quibus of a Mannour, said, that the Tenant shall not have the View, for he is in by wrong, 28 H. 6. fol 1. the same.

3 H. 4. fol. 16. Assise, Jurors have the View, but the Te∣nant shall not have the View.

6 Ed. 4. fol. 1. Quod permittat, the Tenant shall have the View, though it be in Debet & solet, which is of pos∣session, and not of Right, 30 Ed. 3. fol. 4.

2 H. 4. fol. 14. Quod permittat, of turning water, View was demanded in this VVrit, and he had it.

8 H. 6. f. 75 Admeasurement of Pasture, he shall have the View of the Land out of which, &c. but not in per∣sonal Action, not in Waste, where Jurors have the View; 9 H. 6. f. 41 the same.

3 H. 4. f. 10 Dower of Rent, the Tenant hath the View of the Land out of which it is issuing, and said, that he shall have it, though the Husband died seised of the Rent: but see 44 E. 3. f. 31 if the Husband die seised of the Land, she shall not have the View.

22 H. 6. fol. 12 Assise of Profits of an Office, the place where he holds his Office shall be put in View.

13 H. 7. f. 10 Cui in vita, the Tenant shall have View, and yet the Statute is, if a Dismission be made to the Tenant, and not to his Ancestor, the View is not to be granted, but she claimes from her Husband, and not by the Deman∣dant or his Ancestor.

Pleas after the View in Abatement.

FOrmedon, one cannot plead in Abatement after the View, unlesse it be a thing which cometh upon the View, but where it appears to the Court that it wants form, or is false Latine, the Court, Ex officio, will abate it, 41 Ed. 3. f. 29.40 Ed. 3. f. 35.

44 Ed. 3. f. 14. Formedon of a House, and in the perclose of the Writ there is a House and Meadow, and after View the Tenant cannot shew that in Abatement, for that it is but a Surplusage.

49 Ed. 3. f. 20. Formedon, after View the Tenant cannot plead in Abatement, that any of the Degrees were omitted, for it is not apparant to the Court.

50 Ed. 3. f. 9. Formedon, the Tenant may plead ancient Demesne, after the View, for it may be that parcell in the Town is ancient Demesne, and parcell frank fee, and that cometh upon the View to know that.

11 H. 4. fol. 70. Formedon, where is matter apparant in a Writ to abate that, he may plead that after the View.

7 H. 6. fol. 39. After the View one cannot plead no such Town, but he may say, that the Tenements are in ano∣ther County, for that cometh upon the View, but after the View he cannot plead to the Jurisdiction, yet he may plead that they are in C. and that they are impleadable

there, and demand Judgement of the Writ, and not Judgement if the Court will acknowledge.

19 H. 6. fol. 10. Dower, of a Free-hold in D. & S. after View one cannot plead no such Town of D. for he is estopped of that, for that he hath knowledge of the Town before the View, but he may plead Joint-tenancy, and non-tenure, which comes upon the View.

5 H. 7. f. 8. If the View be denied where it is grantable, it is Error, otherwise it is if it be granted, where it is not grantable, 8 H. 7. f. 11. the same.

36 H. 6. fol. 17. Right of Advowson, the Defendant de∣mands the View, for that there are two Churches in the same Town, and to out him of the View, Plaintiff saith, that there is but one Church there, Ready, &c.

3 H. 6. fol. 57. Dower by Husband and Wife, the Tenant pleads that the Wife is an Alien, born in Portugal out of the Allegiance of the king: Judgement if he shall be an∣swered: the Plaintiff saith, that by Parliament she was made personable: and now the Tenant demands the View, and had it, for though his Plea before was as a Barr, he pleaded that as to the Person, and not to the Action; and for that shall have the View, otherwise it is if he had pleaded a Barr.

14 H. 6. fol. 8. Precipe against two, where one acknow∣ledgeth the Action, the other shall not have view.

26 H. 8. f. 2. Precipe, against two, one imparles, and the other hath the View, by Fitzh.

The third Part of this Book, cheifly for Pleading.

Abatement.

Something of Pleadings, for the Instruction of the Steward, shall be said here following.

TRespasse upon the Statute of Richard, the De∣fendant saith, that J. F. let to him, and the Plaintiff made Title, and that J. F. abated, and let to the Defendant, the Defendant main∣tains his Barr, and traverses the Abatement, and that is not good, for Issue shall not be upon the Abatement, 3 H. 7. f. 7. & 18 Ed. 4. f. 1.

Entry upon Disseisin, Issue cannot be taken upon A∣batement: the same Law is of Intrusion, 14 H. 6. f. 6.

Issue shall be upon the Affirmative and Negative, and not upon Plea by Argument, but upon traverse the Affir∣mative.

COnspiracy, he is alive, without that, that he is dead, 7 H. 7. f. 6.14 H. 6. f. 9.19 H. 6. f. 4. & 35 H. 6. f. 60.

Trespasse, the Defendant iustifies for Fealty not made; the Plaintiff saith, it was not unmade, and good, 9 H. 7. fol. 12.

Debt against J. S. of D. the Defendant saith, that he is dwelling at S. and shall say, and not at D. in the Nega∣tive, 4 H. 6. fol. 4. 2 Ed. 4. fol. 1.4 Ed. 4. fol. 44. & 10 Ed. 4. fol. 12.

Trespasse, the Defendant saith, that the Free-hold was to J.S. which let to him at will, the Plaintiff saith, that the Free-hold was to him, and not to J. S. in the Nega∣tive, 11 H. 4. f. 90.

Where the Defendant saith, that the Plaintiff is a Ba∣stard; and the Plaintiff saith, he is Legitimate; he shall say, and not a Bastard, 19 H. 6. f. 17 & 11 H. 6. f. 53

Trespasse against J. S. of Fenton, the Defendant saith, that he was dwelling at E. and shall say negatively, and not at Fenton, 19 H. 6. f. 1.

Action upon the Statute of Laborers, the Defendant saith, that he was in the Service of J. S. and shall say, and not Vagrant in the Negative, 11 H. 6. f. 1. & 52.

Action upon the Case, for that he hath a Leet, and Fines and Amerciaments of the same; the Defendant saith, that well and true it is, that the Plaintiff hath a Leet; but he saith, that he hath not the Fines and Amerciaments, and ought to say, without that, that the Plaintiff hath the Fines and Amerci aments, 38 H. 6. f. 16

False Judgement, Issue was, that one saith, that he was dead, and the other saith, that he is alive, 14 H. 6. fol. 9.19 H. 6. f. 4. the same.

Where one pleads out of his Fee, the other saith within, without that, that it was out in manner and forme, 11 H. 4. fol. 10

Formedon in reverter, and counts of a Gift in Tail, &c. the Defendant saith, that the Donor gave in Fee, and it is not good, for it is but an Answer by Argument, and for that he ought to traverse the Gift in Tail, which is suppo∣sed by the Plaintiff, 2 H. 6. f. 15.

Scire facias against the Parson of D. of Arrerages of Annuity; the Defendant saith, that before the Writ he resigned to the Bishop of L. and so that remained in his hands: Judgement of the Writ, and it is but a Plea by Argument, that is, that he is not Parson, and for that it is not good without concluding, and so not Parson; 7 E. 4. fol. 16.

Assise and Trespass.

Diversity between pleadings in Assise and Trespass, for in Trespass need not make Title under Possession, otherwise in Assise.

TRespasse, the Defendant ought to convey to him an Estate immediate, and for that, to say, that J. S. was seised, till by J. D. disseised, which infeoffed the Plaintiff, upon whom J. S. entered, whose Estate he hath, it is not good, but if the Defendant saith, that he was seised till by the Plaintiff disseised, upon whom he entered, it is good, but not in Assise; 5 H. 7. f. 11.

Trespasse, the Defendant saith, that he was seised till by the Plaintiff disseised, and he entered, and it is good; and he need not to convey to him a Title; and the Plain∣tiff saith, that he was seised, till by the Defendant dis∣seised, without that, that he disseised the Defendant, for if the Defendant had first Possession, it is good in Trespasse; 26 H. 8. f. 6.

Trepasse, the Defendant may plead Fine with Procla∣mation, Judgement if Action, but not relie upon Estop∣pell; 17 H. 8. f. 27.

Trespasse, the Defendant pleads his Free-hold; the Plaintiff saith, that he was seised in Fee, till disseised by the Defendant, and he re-entered, and the Trespasse in the mean time, the Defendant maintains his Barr, with∣out that, that he disseised the Plaintiff, 1 Ed. 4. f. 3.

Trespasse, the Defendant pleads, Gift in Tail to his Ancestor, and conveys to him by divers Discents, the Plaintiff saith, that he was seised in Fee, and traversed the Gift, and it is good, and need not make Title beyond his Possession, otherwise of Assise; 3 Ed. 4. f. 19.

Trespasse, to plead a Feoffment of the Plaintiff, it seems to be good; or he may say, that he himself was seised; but in Assise, Feoffment of the Plaintiff is no Plea, for that amounts to no wrong, no Disseisin; 15 Ed. 4. f. 31. & 29. Book of Ass. 24.

Trespasse, if the Defendant plead that he was infeoffed, the Plaintiff may traverse the Feoffment without making

to him Title, otherwise it is in an Assise; 18 Ed. 4. f. 10.10 Ed. 4. f. 3.27 H. 6. f. 1. & 40 Ed. 3. f. 5.

Trespasse, the Defendant saith, that H. his Tenant at will infeoffed the Plaintiff, and he entered; the Plaintiff saith, that J. S. infeoffed H. and he died seised, and his Issue infeoffed me; the Defendant cannot traverse the Feoffment but the Discent, otherwise it is in Assise, 10 H. 4. f. 1.

Assise, by Littleton, the Tenant may plead, let to him for years, or for life, the Reversion to the Plaintiff, and it is good; and so is it of a Feoffment with Warranty, of the Plaintiff, and relie upon Warranty; 18 Ed. 4. fol. 10. 8 Ed. 2. Tit. Ass. 391. & 18 Ed. 3 f. 13. the same.

Assise, the Tenant pleads that the Plaintiff let to him for life, and is good, but a Feoffment of the Plaintiff is not good in Assise, but in Trespasse it is good, 6 H. 7. f. 14.27. Book of Ass. 31. the same. & 29. Book of Ass. 24.

Trespasse at Compton over C. and neither C. it is no Plea in Trespasse, but it is good in Assise; 8 H. 6. f. 18.

Trespasse at D. there are two Dd. within the County, and none without addition, it is no Plea, for the Visne shall be of the Body of the County; 3 Ed. 4. f. 26. and 9 H. 6. Tit. 5. the same.

Assise of Lands in Osgodby, the Tenant saith, there are two Osgodbyes within the County, none without addition, and it is no Plea, for the Plaintiff shall recover by view of the Jurors, 5 Book of Assises 9 and 27 Ed. 3. f. 2

Trespasse in Otterton and H. which H. is a Hamlet of Otterton, it is a good Plea in Precipe, and not in Trespasse, where Damages onely are recovered; 7 E. 4. f. 18 & 4 E. 4 Tit: Breif 155 & 179.

Trespasse may be in a Hamlet, but not in a place onely known; 11 H. 7 fol. 24 2 R. 3. fol. 1 & 43 E. 3. fol. 30 the same.

Precipe, in D. is a good Plea in Abatement, that D. is a Hamlet and not a Town, but otherwise it is in Assise; 8 E. 4. f. 6

Pleas in Barr.

Barr is good at the first shew, or by common reason and intent, such intent is a Plea, which hath not more vehe∣ment presumption then to intend contrary; but if the in∣tent be indifferent, it is not good at the first shew by In∣tendment.

FOrmedon in Discender, that he gave not, is good, and yet it may be that he did recover in value, but the most pressing Intendment is to the contrary: but if in Debt, I plead Release bearing Date after the Obligation, it is not good, at the first face, unlesse he saith, that it was deli∣vered after the Obligation: Plowd: Com. f: 32

Forging of Deeds, the Defendant saith, that he himself was seised at the time of the Forgery, and it might be by Disseisin, but it shall not be intended, and for that it is good, at the first shew; 8 H. 6. f. 34

Trespasse, that he entered into a Warren, the Defen∣dant pleads his Free-hold, and it is good, and yet one may have the Warren, and another the Free-hold; 44 E. 3. f. 12 17 E. 4. f. 6 10 H. 7. f. 24 & 34 H. 6. f. 28

Trespasse in a severall fishing, the Defendant pleads that the place is his Free-hold, and is good, as above at the first face; 18 H. 6. f. 29 10 H. 7. f. 24 20 H. 6. f. 4 17 E. 4. f. 6 & 18 E. 4. f. 4

Assise of Mortdancester, because his Mother took the ha∣bit of Religion, the Defendant saith, that your Mother had a Husband alive when she entered into Religion, and it is not good; for it is indifferent whether he be alive or not, and for that he ought to aver, that the Husband is yet alive; 5 E. 4. f. 3

Trespasse of Goods, &c. the Defendant justifies that the property was to J. S. which gave them to him at D. and though he do not say, where the property was in him, it shall be intended at D. and good; 1 E. 5. f. 3

It is said there, though the Barr be good to common intent, yet it shall not be good where parcell of the sub∣stance is left out, but where such things are left out, which by special intendment, and not by general intend∣ment,

are omitted, the Law shall keep such a barr. Plowd. Com fol 27.

Accounts, the Defendant saith that he hath accounted before the Plaintiffe himself, and it is good, yet he doth not say, that he was before Auditors before him, &c. 4 Ed. 4. fol. 6.

Trespasse, the Defendant pleads, that he to whose use enfeoffed him, and doth not say, if he were out of Pri∣son, and of full age, according to the Statute, and yet being in Barre, it was said, that it shall be so intended, 6. H. 7. fol. 6.

Where Count is upon matter of Reords, or of Specialty the Barre shall be so high, and not upon bare matter.

DEbt upon arrearages of Annuity, the Defendant saith, that he let the Mannour of D. to him in re∣compence, and it is no Plea, for it is not so high, 19 H. 8. fol. 9.

Trespasse upon the Statute of Rich. The Defendant pleads in Barre, warranty of the Ancestor of the Plain∣tiffe, and demands Judgement, if against the warranty, &c. and it is no Plea, for Damages is onely to bereco∣vered, 10 H. 7. fol. 12.

Trespasse, the Defendant may plead Fine with Pro∣clamation, Judgement, if Action, but not to relie upon the estoppell, 27 H. 8. fol. 27.

14 H. 4. fol. 27. Debt upon a Lease by Indenture, the Defendant saith that he hath bestowed the Rent upon re∣parations by commandement of the Plaintiffe, and it is not good, for it is not so high.

10 H. 7. fol 4 Debt upon arrearages of a Lease for years, the Defendant pleads agreement, and it is not so high.

1 H. 7. fol. 14. The Defendant cannot avoid specialty by bare matter, as to say the specialty was delivered to him in place of an acquittance, for it is not so high.

10 Ed. 4. fol. 18 Debt upon an Obligation, endorsed with condition, that if the Defendant serve him in all his lawfull commands, &c. the Defendant may plead, that he discharged him, and it is good without specialty, for the condition is matter in deed.

18 Ed. 4. fol. 9 If one covenant by Indenture to make me a house before such a day, and he plead, that I dis∣charged him before the day, it is good without specialty, for I cannot come upon his Land after discharge, 19. Ed. 4. fol. 2 the same.

21 H. 6. fol. 36. Trespasse of taking his Apprentice, the Defendant saith that the Plaintiffe discharged him be∣fore the Trespasse of taking, and it seems no Plea, for that he is an Apprentice by Indenture, and the discharge without specialty, and to another person.

9 Ed. 4. fol. 57. Annuity, the Defendant pleads levied by distresse in another County, and so that he owes him nothing, and it is good, but that he owes him nothing onely, is no Plea against specialty.

3 H. 6. fol. 41. Scire facias, upon recovery of arrerages of annuity, Defendant pleads that the Deed of annuity was delivered to him in lieu of an Acquittance, and it is no Plea against a recovery.

11 H. 4. fol. Debt upon arrerages before Auditors, the Defendant pleads that he hath an obligation for the same, and it is no Plea, for it is not so high.

11 H. 7. fol. 13. VVaste, Defendant pleads an agreement between him and the Plaintiff, and it is no Plea, for the Inheritance is to be recovered in this writ, and for that it is no Plea.

Scire facias, upon a Recognisance to have one here at a certaine day to appeare, it is no Plea to say, I have been there without shewing his appearance of Record, for it is not so high, 7 H. 6. fol. 26. B.

Debt upon arrerages of account before Auditors, the the Defendant pleads Abitrement, and it is no Plea against matter of Record before Auditors, 3 H. 6. f. 55. 8 H. 5. f. 3. the same, 10 H. 6. tit. 44. 4 H. 6. fol. 17. and 3 H. 4. f. 7. H. 4. f. 6. adjudged.

Debt upon an obligation, the Defendant cannot plead payment, for it is not so high, 1 H. 7. fol. 14.

Debt upon an obligation, endorced upon condition; the Defendant may plead that the Plaintiff hath retained par∣cell of the smaller summ, hanging the VVrit, and it is good in abatement without specialty, 5 H. 7. f. 4.

Action upon the Statute of Rich. If the Defendant plead Act of Parliament, by force of which he was seised, till the Plaintiff entered upon him, upon which he re-enter∣ed,

the which is the same Trespasse, &c. and concludes Judgement if action, it is good, 3 Ed. 4. fol. 6.

Annnity by grant, the Defendant saith in abatement that after the action brought, that the Plaintiff hath retai∣ned part of the arrerages, and it is no Plea without speci∣alty, for it is not so high, 22 Ed. 4. fol. 51.

Debt upon an obligation, the Defendant pleads receit of parcell, hanging the VVrit, Judgment of the writ, and it is not good without specialty, 7 Ed. 4. fol. 15.

15 H. 7. fol. 10. Debt upon a single obligation of twenty pound, the Defendant pleads that the Plaintiff hath received parcell, hanging the VVrit, and demands Judgment of the VVrit, and it is no Plea without shewing Acquittance, for it is not so high.

VVaste, the Defendant pleads agreement to make flud∣gates only, and agreement is no Plea in this action, for it is not so high, for Land is to be recovered, 13 H. 7. f. 20. 11 H. 7. f. 13.

Covenant upon specialty, the Defendant pleads arbi∣trement, and it is not good, for it is not so high, 3 H. 4. fol. 2.

Debt upon obligation, the Defendant cannot plead that the Plaintiff delivered this obligation again to him in place of an Acquittance, and took it again from him, for it is not so high, 5 H. 4. fol 2.

Debt for Rent upon a Lease by Indenture, the Defen∣dant cannot plead payment for it is not so high, but pay∣ment, and so he owes him nothing, is good, but where a Lease is by word, payment in Debt upon that is good, 1 H. 5 fol. 6 See, 46 E. 3. f. 1. See, 10 H. 7.24. b. 11 H 7.4 b. 20 H. 6.20. b. & 9 Ed. 4.27.

Debt upon obligation upon condition, the Defendant may plead payment according to the condition, without specialty, 5 H 7 fol. 41. 5 Edw. 4 fol 5. the same

Debt for Rent upon a Lease, payment is no Plea with∣out saying, and so he owes him nothing, but payment in a∣nother County is good without concluding, and so he oweth him nothing, 33 H 6 fol 4. 10 H 7 fol 4.3 H 7 fol 3.

Debt upon a bargaine, where the Defendant may wage his Law he cannot plead payment in another County, 18. H 6 fol 13. 10 H 7 f 4. 11 H 74 b.

Count.

Count shall be more certaine then a Barr, and yet sometimes it is good by intendment, that is if Common reason do not imply contrary to the Count, it is good by intend∣ment.

DEbt upon obligation without date, yet the Plaintiff ought to count when it was made: But otherwise it is if the Defendant plead an Acquittance without date, 3 H. 4. f. 5. 6 Ed. 4. f. 11. Debt or annuity without date, the same, 5 H. 7.24 B. of annuity.

Quare impedit, If the Plaintiff counts that foure persons were seised of a Mannour, to which the Advowson is ap∣pendant, whose Estate he hath, it is not good without coun∣ting how he hath it, otherwise it is in Barr, 2 H 6. fol. 10.

Action upon the case, of borrowing a Horse to ride to York, and counts that he rode him further, he ought to count in what County York is, 21 Ed 4. fol 79 b

Debt, and counts that if the Defendant make voluntary wast, he should pay twenty shillings, and counts that he made wast in sale, and for that, that he doth not count how, it is not certaine, and not good, 9 H. 6. fol. 11.

Decies tantum, for imbracing, and counts that at D. he hath taken Money to imbrace, but for that, that he doth not count that he hath imbraced, nor how or where he im∣braced, it is not good, 37 H. 6. f. 31

Deceit against an Attorney, for acknowledging satisfa∣ction, and ought to count where he was not satisfied, for otherwise it is uncertaine, and shall not be implyed, and intended, 11 H. 6. f. 2. B.

Rescous, and counts that he distrained for Rent, &c. and for that, that he doth not count, which were the daies of payment, it is not certaine, and is not good, 8 H. 4. fol. 1.

VVhere one Avowes for that, that he held of him, by the third part of the fee of Knights Service, and for that, that he doth not shew, by what manner of Knights Service, it is not good, 12 H. 8. f. 13.

Debt by Stradling, and counts of taking excessive fees in

paying Pensions, where the Defendant was receiver of the Mannors of D. and S. in the hands of H. 8. and for that, that he doth not count, that they continued in the hands of Ed. 6. it is not good, for the Statute was made in the time of Ed. 6. that if any Receiver of the King took &c. he should pay for every penny six shillings eight pence, and that might have two meanings, one with the Plaintiffe, the other against him, and for that it is not good, P.C. fol. 202.

Forging of Deeds, the Writ is, divers false Deeds, and counts of a Deed of Feoffment, and of a Writing and assurance of a Letter of Attorney, and for that the Count is not good, 35 H. 6. fol. 37. b.

Debt, The Plaintiffe counts upon a Lease made by him, and E. late his Wife, by Deed indent, and counts for the Rent behind, and though he do not count that his VVife was dead, yet it is good, for it cannot be by rea∣son but she is dead, 9 H. 6. fol. 11. b. and 8 H. 5. fol. 4.

Account, the Plaintiffe counts that the Defendant was his Receiver such a day, till the Feast of Saint Micha∣el, and there are two Feasts of Saint Michael, that is, Michael in Tumba, and Michael the Archangell, and though it be not at which Saint Michael, it is good, and shall be intended Michael the Archangell, which is more known, and the more observed Feast. 20 H. 6 fol. 23.

Trespasse, and counts that the Defendant entered into a Warren at D. and drove away the Conies, and not say drove them away there, and yet it is good, and shall be intended there, 44 Ed. 3 fol. 12

Where he confesses and avoids, he need not Traverse.

DEtinue of finding a Box, sealed with Writings, the defendant saith, that they were delivered in pawn to him for a hundred Shillings, and if he pay that he would redeliver him it, and it is good without Traverse, for he confesses, and avoids the Plaintiffe, 21 Ed. 4. f. 19.

Detinue of a Chest ensealed with VVritings, The Defendant saith, that the VVritings which he had were in a Box ensealed, and the Plaintiffe lent him a hundred Shillings, and delivered this Box to him in Pawn, with∣out that, that he detains a Chest, and it is good; and it is good with Traverse, otherwise not, 22 Ed. 4. f 7.

Trespasse of breaking his House, and taking his Goods there, the Defendant saith, that his VVife was Execu∣trix, and that they were the Goods of the Testator, and the Doore was open, and he entered, and took them, and this is good without Traverse, for he hath confessed and avoided, 2 H. 6. f. 15 B

Trespasse of his Goods taken, the Defendant saith, they were delivered to him by a Replegeare, and it is good without Traverse; 7 H. 4. f. 15. & 44 E. 3. f. 20

Trespasse of his Goods taken, the Defendant saith, they were delivered to him upon an Execution upon a Reco∣very, and this is good; 40 E. 3. f. 21. & 44 E. 3. f. 20

Trespasse of Close broken, the Defendant saith, that he had a way there by Prescription to his Mannour, which he used, and ought there to traverse without that he bro•••••• down, for the other is not breaking down; 8 H. 5. f. 2

13 H. 8. f. 14 Quare impedit against J. Hecker, of an Ad∣vowson appendant, the Defendant saith, that it is an Ad∣vowson in grosse, and that W. S. his Master presented W. S. and that he died, and J. Hecker was chosen Master, and presented J. Hecker, the Defendant, and for that he hath confessed and avoided the Plaintiff for gaining of Posses∣sion, and for that he need not any Traverse.

10 H. 7. f. 27 Quare impedit, and counts of an Advow∣son in grosse, the Defendant saith, that it is appendant to a Mannour which descended unto him, and he ought to traverse.

5 H. 7. fol. 12 Trespasse, Defendant saith that Nicholas his Grand-father was seised in Fee, and died seised, and that descended to his Father, and he entered, and by Pro∣testation died seised, and that descended to him: Plaintiff saith, that J. S. gave to Nicholas in Tail, and that de∣scended unto him as Son, and it is not good without tra∣versing the Dying seised in Fee of Nicholas, or confesse and avoid it.

Trespasse, the Defendant pleads a Grant made to him by E. and the Plaintiff pleads that H. 6 by Authority of Parliament, granted that to him, and is good; for that confesse and a voyds the Grant; 7 H. 7. f. 15

Quare impedit against a Prior, the Plaintiff counts that he was seised of an Advowson in grosse and presented; the Defendant saith, that he was seised in right of his Mona∣stery

in grosse and presented J. and after his Predecessor granted the next Avoidance to the Plaintiff, and to the Presentee A. and good, for he hath confessed and avoided; 26 H. 8. f. 5

Trespasse, the Defendant conveyes the Land to her as Sister B. the Plaintiff saith, that B. had Issue a Daughter, and that he as Guardian in Socage entered, and it is good without traverse, for he hath confessed and avoided; 19 H. 8. f. 11 B.

Assise, the Tenant pleads that J. S. infeoffed him: the Plaintiff saith, that well and true it is, that J. S. in∣feoffed you, but it was upon condition, and that J. S. en∣tered for the condition, and infeoffed the Plaintiff, and this is good, for he confesses and avoides the Defendant, 6 H. 7. f. 8

Forging of Deeds, and counts that the Defendant hath forged a Deed, by which J. Beak infeoffed W. T. the De∣fendant saith, that long time before the Plaintif had any thing, that J. Beak infeoffed W. and Alice his Wife which died, and the Defendant as Heir of W. read and pro∣claimed the Deed, and ought to traverse forging; for where the Defendant justifies a thing, prohibited by the Law in a speciall manner, he ought to traverse, as in Main∣tenance; if he justifie, he shall say, he shall say without that, that he maintained in other manner; 32 H. 6. f. 1

Trespasse of Assault and threatning, the Defendant saith, that the Plaintiff called him Traitor, and he said, thou lyest in thy throat, it is no Plea, for he doth not con∣fesse any threatning 37 H. 6. f. 3

Conclude.

Order and form, how one ought to conclude in his Plea.

WHere to a Bar there ought to be a Reply, the Con∣clusion of his Plea shall be (and this he is ready to prove) &c. (and where but ready that so) there it is o∣therwise; 33 H. 6. f. 21 & 12 Ed. 4. f. 13 the same.

As in Dower, the Tenant pleaded (not ever seised that Dower, he ought to conclude, (and of this he puts himself upon the Country) for no Reply shall be, (but ready that so.)

Where the Defendant pleads to the Issue, the con∣clusion shall be (and of this he puts himself upon the Countrey) and where the Plaintiffe pleads to the Issue, he shall say, (and he desires that this may be inquired by the Countrey, 26 H. 8. f. 4.

If one plead a Plea, which is not traversable, as no wrong, or generall Issue, or Record as Outlawry, he need not in his conclusion averr his Plea, that is, (and this he is ready to prove, &c. 36. H. 6. fol. 17.

When the Defendant justifies, he ought to conclude, (and this he is ready to prove, &c.) and when he pleads the generall Issue, he need not, 6 H. 4. fol. 18. and the Book of Entries, fol. 152. the same.

Quare impedit, If the Defendant plead that it is incor∣porated by another name, Judgement if Action, this conclusion is not good, but he ought, to conclude Judge∣ment of the Writ, 26 H. 8. fol. 1. ••nd 4 H. 6. fol. 27.

Where the Defendant saith, that the Parties to the Fine have nothing, but one such a one, whose estate he hath, he ought to conclude, (and this he desires may be inquired by the Countrey) and the aforesaid Plaintiffe likewise, it shall be entered, for here needs no Reply, but ready, that so as above, 12 Ed. 4. fol. 13.

Debt upon Obligation, the Defendant saith, that it was endorsed upon Condition to perform Covenants of an Indenture, and that part was read, and part not, and that he was a man unlearned, there he ought to conclude Judgement, if Action; the same Law is, where he saith it was made by constraint, or that he was under age, or that it was delivered as an Eserow, 7 Ed. 4.3 B. he ought to say Judgement, if Action, 14 H. 8. fol. 30.

Debt upon obligation, to plead payment, and delivery of that in place of an Acquittance, he ought to conclude judgement if action, but if he avoid that, for that it is ra∣ced or interlined, there it shall be concluded not his deed, for where a Deed is void, he ought to conclude not his Deed, and where voidable, or matter in Law, judgment if action, 1 H. 7 f. 14.

Debt upon Obligation, to say he is a man unlearned, and this was read to him to be with Condition, and so this Obligation being single, is not his Deed, 7 Ed. 4.

fol. 5. 15 Ed. 4. fol. 17. 16 Ed. 4. f. 1. the same, 9 H. 5. f. 15. and 3 H. 6. fol. 52.

Debt upon a Lease, to plead payment in another Coun∣ty, or levyed by Distresse, without concluding, (and so he ows him nothing) is good, 9 Ed. 4. fol. 57.3 H. 7. fol. 3. and 33 H. 6. f. 4. the same; but levied by Distresse or pay∣ment in the same County, is not good without conclu∣ding, (and so he owes him nothing.)

Debt for Wages upon a Bargain, to plead payment in the same County, and conclude, and so he oweth him nothing, is good, 40 Ed. 3. fol. 24.

Debt upon a Lease by Indenture, for the defendant to plead payment in the same County, it is no Plea with∣out concluding, and so he oweth him nothing to the point of the Writ, 1 H. 5. fol. 6.

Where he ought to conclude, and so not his Deed.

DEbt upon a single Obligation, the Defendant saith, that he is a man unlearned, and this was read to him, with a Condition, and so not his deed, 1 H. 6. fol.

3 H. 6. fol. 38. Debt by a Husband and his Wife, of an Obligation made to them, the defendant being Exe∣cutor, J.S. pleads Release of the Husband made to him, and the Release was of all actions, and demands, as Executor, and all actions personalls, and other de∣mands, and the Plaintiffe saith, that he is a man not learned, and it was read for Actions, as Executor, and so not his deed, and good, See 3 H. 7. fol. 5. and 19 H. 8.

1 H. 7. fol. 14. If the defendant confesse, that once by his own Plea his deed, he cannot afterwards conclude, and so not his deed: As if an Infant makes a deed, or a man by constraint, if he plead these matters to avoid that, he cannot conclude (and so not his deed) but where an Obligation is void, he ought to conclude, and so not his deed: as where an Obligation is made by a married Wife, or a deed raced or interlined, 1 Ed. 3. fol. 5. the same.

Where he ought to conclude according to his matter pleaded.

LIttleton, f. 39 Six manner of men are, against which if they sue Actions, Judgement may be demanded, if they shall be answered in the Conclusion of his Plea; and first, if he say, that the Plaintiff is his Villain, he shall say Judgement if he shall be answered; second, is outlawed; third, is a stranger born; fourth, is one attaint in a Pre∣munire; fifth, is professed in Religion; sixth, is excom∣municated: the Defendant may plead these, and demand Judgement, if the Plaintiff shall be answered.

34 H. 6. fol. 9 If the Tenant plead Joint-tenancy, or other Plea in Abatement, he ought to conclude, Judge∣ment of the Writ; and where one pleads in Barr, he ought there to conclude Judgement if Action.

49 Ed. 3. f. 24 Account of Receit in C. the Defendant saith, that C. is within the five Ports; Judgement if the Court will acknowledge it, and so alwayes to the Juris∣diction, that is Conclusion as Parson sue for Tithes, &c.

In divers Cases they ought to conclude in the Negative, where so to the Affirmative pleads that his Plea is but as an Argument, and not full Answer, and also to make the matter in Law plain.

SCire facias against a Parson of Ar••erages of an Annuity; the Defendant pleads, that before the Writ purchased he resigned, and so not Parson, and it is good, 7 Ed. 4. fol. 16

10 H. 7. f. 4 Said in Debt upon a Lease for the Rent behinde, if the Defendant pleads Payment in another County, this is good without concluding, (and so he owes him nothing, &c.) But if he plead Payment in the same County, it is no Plea without concluding, and so he owes him nothing; 9 Ed. 4. f. the last.

9 Ed. 4. fol. 15 Debt against Executor which pleads that J. S. recovered against them an hundred pounds, and had Execution, and they have nothing come to their hands besides that: the Plaintiff saith, the Testator did owe no∣thing to J. S. and so the Recovery false and feigned.

21 Ed. 4. f. 71 Dower, the Tenant saith, that the Hus∣band

was not seised, that she could have Dower, &c. The Plaintif saith, that T. the Father of her Husband died seised, and that descended to her Husband which died before En∣try, and so he died seised, and in Formedon of Lands reco∣vered in value, he ought to conclude, and so gave.

19 H. 8. fol. 6 Right of Ward, and counts that the An∣cestor of the Infant died in his Homage; the Defendant saith, that he held of him in Socage, without that, that he died in his Homage: the Plaintiff saith, that J. S. and D. were seised to the use of the Ancestor of the Infant, and so the Ancestor died in his Homage.

12 H. 7. f. 7 Where the matter before the (So) is sufficient Barr, there the (So) shall not be entered, as in Trespasse or Assise, the Tenant justifies, and so not guilty.

32 H. 6. fol. 16 Where the matter before the (So) is matter of Barr, and sufficient, there the matter after the (So) is not traversable, and contrary if not sufficient.

5 Ed. 4. fol. 5 Debt upon an Obligation for Bail, and is named Sheriff, the Defendant ought to plead that, and conclude, and so not his Deed, but not generally, it is not his Deed.

19 H. 8. fol. 7 Juris utrum, the Tenant saith, that his Fa∣ther was seised, and died seised, and the aforesaid Plaintiff abated, and he recovered, and so his Lay Fee, and not the frank Gift of the Plaintiff.

38 H. 8. fol. 26 Debt upon an Obligation, Defendant pleads divers matters, and concludes, and so not his Deed, and this Conclusion hath made this single: 3 H. 6. f. 3

Of his own Wrong.

Where of his own Wrong is good, and where not.

REplegeare, the Defendant avowes as Bailiff, for that a Prior held of his Mannour by Fealty and Rent, the Plaintiff saith of his own wrong, without such cause, it is no Plea, for here he ought to answer the substance, which is material, that is to say, the Lordship: 2 H. 5. f. 1

Where one iustifies by a Lease made to him by the Plain∣tiff, of his own wrong, is no Plea, otherwise it is, where he∣iustifies a Servant of a Lessee: 10 H. 4. f. 3.

If the Defendant justifie by licence, or commande∣ment of the Plaintiff, the Plaintiff shall not say of his own wrong, without such cause, not if parcell be of Re∣cord,

for these ought to be answered specially: 12 Ed. 4. fol. 10

Trespasse of Imprisonment, the Defendant justifies, for that he is Constable, and was assaulted by him, and broke the Peace, the Plaintiff may here say, of his own wrong, without such cause, for that, that no Record was alleadged: 5 H. 7. f. 6

Trespasse of Battery, the Defendant saith, of his own Assault: the Plaintiff saith, of his own wrong, without such cause, and this is good: 5 H. 7. f. 1

Trespasse, where one justifies as Servant by command, that he arrested the Plaintif, or that he came at the request of the Sergeant, &c. of his own wrong without such cause, is no Plea: 2 Ed. 4. f. 6 See 9 Ed. 4. f. 31

If the Defendant plead licence, or a Lease of the Plain∣tiff, of his own wrong, is no plea: 20 Ed. 4. f. 4 21 E. 4. f. 76 10 H. 6. f. 3 & f 9 the same.

Where a Sheriff justifies to make Execution, of his own wrong, is no plea, otherwise it is where he justifies as Bai∣liff by command of the Sheriff: 19 H. 6.

Trespasse of Battery, Defendant saith, that the plaintiff beat one W. to death, and the Constable came to arrest him, and he stood at defiance, by which the Defendant came in aid, and the hurt which he had was of his own As∣sault, the plaintiff saith of his own wrong, without any such cause, and good: 38 E. 3. f. 9

Trespasse of Grasse out, the Defendant justifies as Par∣son of the Parish, and that he took them as Tithes separa∣ted from the ninth part, the Plaintiff saith, of his own wrong, without such cause, and it seems it is no Plea, and then the Plaintiff replied as above, without that, that they were severed from the ninth part, and good: 16 E. 4. fol. 4

9 E. 4. f. 27 Trespasse, the Defendant justifies the Im∣prisonment, for that, that the Plaintiff assaulted J. N. to have robbed him, for which he put him in the Stocks, of his own wrong, &c. is good.

41 E. 3. f. 29 Trespasse, the Defendant justifies, for that Attachment was awarded out of the Court Baron, to the Bailiff, to attach a Horse upon a Plaint entered there by him, and that he came in aid of the Bailiff: the Plaintiff saith, of his own wrong, without such cause, and this is good.

38 E. 3. f. 3 Replegeare of Beasts taken, the defendant justifies for Execution of a Recovery in Court Baron of twenty shillings, the Plaintiff saith of his own wrong, with∣out such cause, and held that he shall not have this gene∣ral Averment, against a speciall matter, by which he said, that the Beasts were not delivered in Execution.

14 H. 8. f. 18 False Imprisonment, the Defendant iusti∣fies the Arrest of the Plaintiff by a Warrant of a Justice of the Peace, where the truth was, that when he was ar∣rested he had no Warrant, but after had a Warrant di∣rected to him, the Plaintiff may say of his own wrong, without that, that he hath any such Warrant, and gives the matter in Evidence.

2 E. 4. f. 9 False Imprisonment, the Defendant iustifies, that he took the Plaintiff wandring in the night for suspi∣tion, &c. The Plaintiff may say, of his own wrong, without such cause, but he cannot say of his own wrong, without that that he was wandring, for he cannot traverse the spe∣ciall matter, but where it is a matter of Record, or of wri∣ting, and not where it is a matter in deed.

13 R. 2. Tit. 28. Rescous, the Defendant iustifies to make Replevin by Warrant of the Sheriff, the Plaintiff saith, of his own wrong, without such cause, and it is not allowed, against this special matter, but of his own wrong, without that, that he had a Warrant of the Sheriff at the time of the delivering of the Distresse, &c.

33 H 6. f. 47 Trespasse of Goods taken in the County of Darby, the Defendant saith, that the Plaintiff fold them to J. S. in the County of Middlesex, and he by his com∣mandement took them, the Plaintif saith of his own wrong, without that, that J. S. commanded him in manner and form, and is good.

22 Book of Ass. 57 The Defendant iustifies as under the Eschea••or, for that Tenant of the King aliened without licence, and shews a Commission, and the Plaintiff saith of his own wrong, without such cause, and is good.

8 H. 6 fol. 34 Trespasse of Grasse cut, the Defendant saith, that the place where, &c. was the Free-hold of his Master, by which, by his commandement he entered, and made the Trespasse, the Plaintiff saith, of his own wrong, without such cause, and is good: but if the Master himself had been party, and had pleaded his Free-hold, of his own wrong, &c. had been no Plea.

28 Ed. 3. fol. 58. Trespasse of goods taken, the de∣fendant justifies by the commandement of his Master, for that, that the Plaintiffe is his Villain, the Plaintif saith of his own wrong, and is no Plea without answering to the Villainage.

10 H. 6. f. 3. Trespasse of two Horses taken, the de∣fendant saith, that he let to the Plaintif Land, rendring the Rent of twenty Shillings, and for this Rent behind, he entered, and took the horses, and the Plaintif saith of his own wrong, without such cause, and by Cotesmore it is no Plea, but he ought to answer to the speciall mat∣ter, as to say of his own wrong, without that, that any Rent was behind, 21 Ed. 4. f. 64.

42 Ed. 3. f. 2. Trespasse, for chasing in his free Chase, the defendant pleads license of the Plaintif to hunt there, the Plaintif saith, of his own wrong, without such cause, Inquire of this Issue.

16 H. 7. fol. 3. Trespasse of goods taken, where the defendant conveys his title from the Plaintif, there the Plaintif by replication may say, of his own wrong, with∣out such cause, 9 Ed. 4. fol. 41. the same.

9 Ed. 4. fol. 43. Trespasse of a bag with money, the de∣fendant saith, that the Plaintif was indebted to him in a certain summe, and delivered that unto him to content him, the Plaintif saith, of his own wrong, without such cause, and it is no Plea, for that, that he conveys from the Plaintif himself.

10 H. 6. fol. 9. Trespasse, for entring into his Pigeon∣house, and taking of Pigeons, the defendant pleads that the Plaintif gave him leave to take them, the plaintif may say of his own wrong, without that he gave him leave, 20 Ed. 4. fol. 4.

21 Ed. 4. fol. 76. Where the defendant conveys from the Plaintiffe, or his Ancestor, or that it is his Free∣hold, these shall be answered, and there of his own wrong, without such cause generall, is no good replica∣tion.

44 Ed. 3. f. 13. Trespasse, the defendant justifies for Har∣riot, the Plaintiffe saith of his own wrong, without such cause, the Issue was taken upon that 38 Ed. 3. fol. 7. the same.

44 Ed. 3. fol. 18. Trespasse, the defendant justifies, for

that, that the Plaintiffe was in VVard to the Prince, and he seised him, and granted the VVard to him, by which he entered and occupied, the Plaintiffe saith, of his own wrong, without such cause, and it is no Plea by the Court, but he ought to answer to the speciall matter, by which the Issue was taken that he held in Socage, and not in Knights Service, See 22 Book of Assises, 56. 41. Book of Assises, 21. and 12 Ed. 4. fol. 10.

14 H. 4. fol. 32. Trespasse of his Servant taken, the defendant justifies, for that the father of him, which is said to be Servant, held of J.S. in Knights Service, and that he died, and the Land discended to the Infant called Servant, being within age, and that the defendant by the commandement of the said J.S. seised him, the plaintif saith, of his own wrong, without such cause, and by Cheney, and Hull, for that, that the defendant hath al∣ledged speciall matter, that is, Tenure, in Knights Ser∣vice, the plaintif ought to answer to the speciall matter, and this is no plea, See 22 Book of Assises 85.

33 H. 6. fol. 29 Trespasse, where the defendant justi∣fies by the Kings patent of of his own wrong, &c. is no plea.

9 Ed. 4. fol. 22. Trespasse, where the defendant ju∣stifies by wreck by prescription, the plaintif saith, of his own wrong, without that, that it was a wreck, and good.

5 H. 7. fol. 9. Trespasse, the defendant justifies by cu∣stome of foldage by prescription, of all Sheep which pa∣sture in such a Common, the plaintif there saith, of his own wrong, without such cause.

Where a double Plea shall not be suffered, and where it shall.

PRior brought a Quare impedit, and counts that his predecessor was seised and presented, and the King sei∣sed his temporalties because of VVarre, and presented, and now it is void, and it belongeth to him to present, and it is not double, 40 Ed. 3. f. 10.

But in Quare impedit, and counts of divers present∣ments in his Ancestors, this is double, 1 H. 5. fol. 1.

Quare Impedit, by Tenant in Tail, and alledgeth a

Presentment in the Donor, and another in the Donee, this is not double, for the Gift is traversable; but if he al∣leadge Presentment in the Feoffor, and another in the Feoffee, this is double: 4 Ed. 4. f. 3

Debt against Executors, to plead fully administred, and so nothing in their hands, is not double, for one An∣swer makes an end of all, that is, that they have Assets, 3 H. 6. f. 3

Debt upon Obligation, and pleads Payment, and De∣livery of the Obligation in place of an Acquittance, it is not double, for one Answer shall be for all: 1 H. 7. fol. 15 and also it is no Plea.

Trespasse, the Defendant pleads Gift in Tail, and di∣vers Discents, and it is not double, for the Gift is onely traversable: 19 Ed. 4. f. 4

Bastardy is pleaded to ten Acres, and Release of all Actions, and that is double: 10 H. 6. f. 20

Non-tenure is pleaded to part, and Bastardy to the rest; and this is double: 43 E. 3. fol. 29 B. Inquire 33 H. 6. f. 20 & 40 E. 3. f. 21

Dower, the Tenant may plead Joint-tenancy of part, and that she detains Writings for the rest, which goes to all, and it is not double: 33 H. 6. f. 57 & 40 E. 3. f. 31

Assise of a Mannour, the Defendant pleads a Fine of one halfe to J. S. whose Estate he hath, and to the other halfe, pleads a Release of the Father of the Demandant, with Warranty, and demands Judgement, if against Warranty, Assise ought to have been of that Moity, and it is not double, for this goes but to the Moity, and is not, &c. 37 H. 6. f. 24

Debt upon an Obligation, that he was a Lay man un∣learned, and the Day of Payment was read to be at ano∣ther Day, and that it was delivered as an Escrow upon condition, that if others sealed, &c. and the others did not seal, and so not his Deed, this Conclusion hath made that single: 38 H. 6. f. 26

Intendments.

Pleas good by Intendment, and how.

INformation for Liveries, it is shewed that Cloth was gi∣ven at D. but not how it was used, and it shall be intend∣ed there, and good: and Trespasse, he broke his Close at D. and made an Entry, and shall be intended to be there: 5 H. 7. f. 18

Appeal of Rape, (is Rapuit) and though it be not, fello∣nioussy rapuit, it shall be intended: 1 H. 6. f. 1

Waste against Beatrix, which was the Wife of the Earle of Arundell, though that she were not named Countesse, it is good, and shall be intended Countesse: 2 H. 6. f. 11

Debt and Counts upon Indenture, that the eldest Son ought to marry K. and if he died before carnal knowledge, then that the youngest should marry her, if the Ecclesiasti∣cal Law would permit it, and Counts that he purchased a Dispensation, and required him to marry her, and he refu∣sed, and though he do not shew if the Request to marry K. was before noon or not, nor if K. were alive at the time of the Request, it is good, and shall be intended: 12 H. 8. f. 6

Trespasse, one iustifies as Servant of J. S. and though he do not say, and by his commandement, it is good, and shall be intended: 13 H. 7. f. 13

If one plead a Deed dated at D. it shall be intended delivered there: 1 H. 6. f. 3

Waste by the Prioresse of the House and Church of C. the Writ was to the dis-inheriting of the Prioresse of the House and Church of C. (leaving out praedict.) but it shall be intended: 10 H. 7. f. 5

Annuity is Grant, provided that he be of honest con∣versation, and the Grantee pleads in Action, that he was of honest conversation, and that he doth not say alwayes after the Grant, it shall be intended to be of honest con∣versation, for every one shall be intended to be of honest conversation, till the contrary be shewed: 22 Ed. 4. fol. 28

Divers pleadings shall be good by intendment, as in action against the Sherif for imbezzilling a Writ, and doth not say that he was Sherif at the time of the imbezzilling, but it shall be intended, 22 Ed. 4. b. Tit. Pleading, 109.

If one plead that one John Pur••bote, Master of the Colledge, and his fellow brethren were seised in Fee, that shall be intended in Right of their Colledge, for it hath but one intendment, Plowd. Com. fol. 102. Fulmerstone.

Entrie upon the Statute of Rich. the Defendant saith, that the third part was to J.S. and that he entred by his commandement, and doth not say, whether the third part were severed or not, but it shall be intended sever∣ed, and good, 37 H. 6.38. and 38 H. 6. fol. 8. the same.

Trespasse of two Coffers taken in D. the Defendant saith, that the property was to J.S. and gave them at D. to him, and though he do not shew how the property was to him, it is good, and shall be intended when the gift was made, 1 Ed. 5. fol. 3.

Scire sacias, by Sir T. Chaworth, Cozen and Heire of one Hawes, of a gift by Hawes in Tail, and the remain∣der in Tail, and counts that the Donee, and he in re∣mainder are dead, without heire of their bodies, and that to him ought to revert as Cozen and Heire of Hawes, and though he do not say, that Hawes is dead, it shall be intended, for otherwise it cannot revert to him, as Cou∣zen, &c. 33 H. 6. fol. 54.

Where one avoweth, and saith he was seised by the hands of one J.S. his Tenant, and though he do not say, then his Tenant, it shall be intended, 34 H. 6. fol. 8.

14 H. 8. fol. 12. Wast against P. which he held for Term of years, and Counts, that in the tenth year of H. 7. the Plaintiffe let to P. for Term of one year, and from and so from year to year, so long as both parties were pleased, (by vertue of which) he was possessed and occupied by 24 years, and now it is thirty years, from the 10. of H. 7. and where the Count is (by vertue of which) he occupied by 24 years, by implication it shall be intended, and no more, and it shall be (which he held) and not which he doth hold.

Plowd. Com. fol. 409. Where H.C. devised, &c. that none of his Sons should alien, and it is pleaded that H.C. hath Issue J. and F. that shal not be intended that he hath more, till the contrary be shewed of the other party.

12 H. 8. fol. 3. Trespasse, why he beat his Servant, and took away a dog called a Blood Hound, and though he do not count that he might spend forty Shillings, it shall be intended, that he might, till the contrary be shewed.

9 H. 6. fol. 10. Debt, and Counts of a Lease, by the Plaintiffe, and E. late his Wife, and though he do not count that she is dead, it shall be intended.

20 H. 6. fol. 24. Account, and Counts, that the Defen∣dant was his Receiver, at such a day, untill the Feast of Saint Michael, and it is not Michael the Archangell, nor Michvel in Tumba, and it shall be intended Michael the Archangell, and good.

8 H. 5. f. 4. Quare impedit, by the Husband and his Wife, and counts that they were seised of a Mannour, in Right of his VVife, to which an Advowson was appen∣dant, and though he doth not shew what Estate, it shall be intended the best Estate, Fee Simple.

36 H. 7. fol. 3. Trespasse and Counts of assault at D. and gave so many threatnings, that about his businesse, &c. and doth not shew where, and shall be intended at D. and good.

Plea good by Intendment till contrary be shewed.

PLowd. Com. fol. 74. Assise. Wimbishe, Venire facias, directed to the Coroners, which surmise in the end, that the Sheriffe is Cozen, and the Assise to the Coro∣ners is also (except Curson his Cozen) and it is good, and shall be intended Cozen of the whole blood, till the con∣trary be shewed by the Defendant.

19 H. 8. f. 11. Trespass, Defendant saith that B. was seised in Fee, and died seised, and that descended to him as Co∣zen and next Heire, that is, Sonne of N. Sister of B. Plain∣tiffe saith, that B. had Issue a Daughter, and that he as Guardian in Socage of his Daughter, took her, and good, and though it might be that the Daughter were of the half blood, it shall not be intended, till it be shewed of the other part.

Plowd. Com. f. 103. Fulmer••••one, Trespasse, Defendant saith, that in the thirtieth yeare of H: 8. that W. Master of Rushworth, and his fellow brethren, let to him an

an hundred Acres, parcell of the Mannor of E. for fifty yeares: Plaintiff saith, That before that is in the yeare, &c. J. P. Master, and his fellow brethren, let to the Defendant the Mannor of E. except a Tenement late Lar∣gentine, for sixty yeares, and that by the Statute of 31 H. 8. for that, that the first Lease was in being, the second was voyd, and though that by Replication he doth not shew that J. P. the Master was seised in right of the Colledge, it shall be intended till contrary be shewed.

Plowdens Commentaries, fol. 26. Colthirst, Barr is good to common intent, though it be not good to every speciall intent, yet where parcell of the substance is left out, it is not good: It is good to common intent, where such in∣tent is not indifferent; but is such intent which hath more stronger presumption, then any other intent hath.

3 Edw. 2. tit. Escheat 8. And counts that his Tenant committed Felony, by which hee was attaint, and the Count was challenged, for that, that he doth not say, for what Felony, and yet good; for it is not materiall for what Felony it was.

Generall Issue.

TRespasse upon the Statute of Richard, the Defendant pleads his free-hold, and it is not generall Issue in this, but it is good in Trespasse, Ravishment, not guilty is the generall Issue, and in maintenance, not culpable, 2 Ed. 4. fol. 6.

Action upon the Statute of Liveries, sayd that not guil∣ty is no plea, but that he gave not the Liveries, is good; and in Maintenance saith, that not guilty is no Plea, but that he did not maintaine; yet inquire, 8 H. 6. f. 36. b.

Debt upon a matter of Record, he oweth him nothing, is no Plea, but in Maintenance not guilty, or he did not maintaine, is good, and in forging of Deeds not guilty is good, 12 H. 7. fol. 14.

Debt for Scavage, held where the action is grounded upon a Statute, and upon a matter in Deed, he owes him nothing, is a good Plea, 21 H. 7.14.

Forcible entry, not guilty is good, 14 H. 6. fol. 16. Eitzh. 249. D.

Trespasse of Goods taken, the Defendant saith, that the property of these was to J. S. which gave them to him, without that, that he tooke Goods of the Plaintiffe, and this amounts to not guilty, and by the Court ad∣judged that nothing shall be entred, but not guilty, and shall give that matter in evidence, 9 H. 6. fol. 11.

Assise, the Tenant cannot plead Feoffment of the Plaintiff made to him, for that amounts to a general Issue, and the general Issue no wrong shall be entered: 2 H. 4. f. 20 & 43 Book of Ass. 41

Praemunire, of that, that the Defendant drawes him out of the Realm in Plea, whereof Conusance to the King belongs, the Defendant saith, that he was Executor to J. S. and sued in Court of Audience to prove the Will, and for that he could not have Right there, he appealed to Rome, and nothing shall be entered but the general Is∣sue: 2 R. 3. f. 18

Trespasse of Goods, for the Defendant to say, that the place is his Free-hold, and he took them doing Damage, it is no Plea, but he ought to tell the certainty of the Land, but of Trespasse in Land his Free-hold is good: 5 H. 7. f. 28 B.

See Brook Title General Issue.

Pleas uncertain.

Where it is uncertain in place, and where not.

TRespasse, for that that the Defendant holds Land of him in Reseleigh, by reason of which he ought to scowre Ditches, and for that he doth not shew where those Ditches are, it is not good: 46 Ed. 3. f. 8

Trespasse, it is a good Plea to plead, that there was an Arbitrement that he should pay ten pounds, which he hath paid, without saying, where he hath paid it: 8 H. 6. fol. 74

If Surrender or Attornement be pleaded, which is matter in deed traversable, it ought to be shewed where it was made: 18 Ed. 4. f. 16. B.

Where one avowes upon a Grant of a Rent-charge made to him, and that one attorned, he ought to shew in what place: 2 R. 3. f. 13

Annuity, the Defendant saith, that he tendered that to him, and for that he doth not shew where, it is not good, for it is matter in deed issuable, which ought to be shewed certain: 9 H. 6. f. 16

Held, if one plead Arbitrement in Barr, he ought to shew where the Submission was made: 9 H 6. f. 50

Decies tantum, for imbracing, and for that he doth not shew where it is not good: 37 H. 6 f 31

1 R. 3. f. 1 Presentment in the Sheriffs Turn, that A. Ab∣bot of D. had a Tann-house, and had tanned Leather in∣sufficiently, and that he had sold and uttered the same Leather, contrary to the Statute; and for that he doth not shew in what place it was sold and uttered, it is not good; for there is no place upon which the View shall be, and that is material.

3 Ed. 4. fol. 30 Trespasse, Defendant pleads Lease for years, and ought to shew where it was made, for it is tra∣versable.

5 H. 7. f. 3 Presentment, that an Abbot and his Succes∣sors use to cleanse a Gutter by the high-way, by reason of the Tenure of some of their Land, and this is issuable, for that it ought to be alleadged where the Land is.

Where one avowes for Rent-charge granted to him by Deed, he ought to shew in what County, and where it was granted: 5 E. 4. f. 11

If one plead a Lease made to him for years, he ought to shew where it was made: 5 H. 7. f. 24 & 3 E. 4. fo. 27. B. 18 E. 4. f. the same.

False Imprisonment, if the Defendant justifie the Ar∣rest by Precept, he ought to shew where the Precept was made: 14 H. 8. f. 18 & 21 H. 7. f. 73 the same.

Where the Defendant pleads that J. S. hath Goods in divers Dioces, and the Administration belong to the Me∣tropolitan, if he do not shew in what Town the Goods are, it is not good: 10 H. 7. f. 16.

Debt upon Arrerages of Annuity granted to him, till he were promoted to a Benefice, to plead that he took a Wife is not good, if he do not shew where, for it is tra∣versable: 35 H. 6. f. 50

Where the thing is issuable, it ought to be shewed in what place it was.

INformation of Liveries, the Plaintiff ought to count where the Cloth was given, that is, at D. 5 H. 7. f. 18

12 E. 4. f. 11 Trespasse, Defendant saith, that the place where, &c. is the Free-hold of J. S. and that he by his commandement entered, he ought to shew where the com∣mandement was given, but if he iustifie as a Servant, and by his commandement, he need not shew where the com∣mandement was.

35 H. 6. fol. 59 Debt upon Arrerages of Annuity, De∣fendant saith, it was granted to the Plaintiff, till he was promoted to a Benefice, and saith, that he was promoted to a Benefice, and ought to shew where, for it is issuable.

Uncertain for Year or Day.

TRespasse, the Defendant iustifies, that be entered as Lord, for that, that the Tenant aliened in Mortmain, and for that he doth not shew what Day and Year, it is not good: 7 H. 7. f. 5

Qnare impedit, the Defendant saith, that the next Avoi∣dance was granted to J.S. which died intestate, and the Ordinary sequestred, and for that that it is not what year he granted, it is not good: 9 H. 7. f. 23.

Trespasse of Goods, to plead that in London is a Market every day but Sunday, and that he bought them on Friday, this is good without shewing what year, for the year is not material, by Choke, 12 Ed. 4. f. 1.

Assise, if the Tenant plead that one Plaintiff died after the last continuance, he ought to shew what day, which may appear: 18 Ed. 4. f. 13. B.

Escheat, it is good without counting what day he com∣mitted the Felony, for the day is not material, if it be one day or other: 40 Ed. 3. f. 45.

Debt, and counts that the eldest Son married K. and if he died before carnal knowledge, that the youngest should marry her, if the Ecclesiastical Law would permit, and counts that the eldest married her, and died before carnal knowledge, and that he purchased a Dispensation, and re∣quired

the youngest to marry her, and he refused, and though he do not shew what day, it is good: 12 H. 8. f. 6.

Assise brought the same Day that the Disseisin was made, it shall be intended that the Disseisin was first, and that the Writ was brought after the same day: 4 H. 6. f. 7.

Rescous, and counts that he distrained for Rent, and doth not shew the dayes of Payment, and for that not good: 8 H. 4. f. 1.

Obligation of two hundred Markes, and the Condition is to pay one hundred Markes at a day certain, and in Debt the Defendant pleads that he hath paid the hundred Markes, and for that, that there is but a day, which may be according to the Condition, it is not good: 47 Ed. 3. fol. 13.

Where a day is issuable, it shall be pleaded certain, as one pleads a Lease made to him for years, he ought to shew when it was made: Plowd. Com. f. 24.

Debt upon an Obligation, which is endorsed with a Condition, that if the Defendant renounce all the Admi∣nistration, &c. and no day is in the Condition, when it shall be, and the Defendant pleads that he hath re∣nounced the Administration, and for that, that he doth not shew what day, it is not good, for it may be after the Writ purchased, and then it is not good: 15 Ed. 4. fol. 29.

Trespasse of Swannes taken, the Defendant saith, that long time before the Trespasse supposed, the property was to J. S. which gave them to him, the Plaintiff saith, that long time before J. S. had property, the property was in him, and for that, that he doth not shew what day; it is not good; 31 H. 6. f. 12.

Entry by the Lord Cromwell of the Mannour of Amp∣hill, the Defendant pleads a Lease for years, and a Re∣lease, and it is not good, without shewing when the Lease was made, notwithstanding that it be shewed when that be∣gan, for that, that he ought to shew that the Lease was made such a day, and the Release after: 32 H. 6. f. 8.

Debt upon an Obligation, the Defendant saith it is en∣dorsed upon Condition, that if he infeoff him, and he then pay to him twenty pounds, that the Obligation shall be vold, and it is not expressed what day the Payment ought to be made, and yet he ought to shew what day, for that is

said to be forthwith after the Feoffment, for the words are, that then he shall pay: 33 H. 6. f. 48. B.

Matter uncertain.

See where it is uncertain in Matter, and where not.

TRespasse, the Defendant pleads, that the Plaintiff was indebted to him in a hundred Markes, and that he pawned the Goods till he were paid, and for that, he doth not shew for what the Debt was due, nor whether he paid it or no, it is uncertain, and is not good: 5 H. 7. f. 1.

Trespasse, if the Defendant saith that A. was seised of the Mannour of D. whereof the place is parcell, he shall say at what time the Trespasse is parcell, otherwise it is not good: 32 H. 6. f. 24. & 10 H. 7. f. 28. the same.

One pleads a Fine levied to B. of the Mannour of D. and that the Tenant attorned to B. and for that he doth not say, that the Conisee was seised of the Mannour at the time of the Attornement, and also for that, that he doth not shew what Terme the Fine was levied, it is not good: 10 H. 7. f. 28.

Found by Office that the Lord Greystock Tenant of the King died seised, and one came to traverse that, and said, that the Dean of York recovered in a Writ of Right a∣gainst the Lord Greystock, and entered, long before the Inquisition, &c. and gave to him in Tail, and it is not good; 3 H. 7. f. 2. for that it is not shewed if the Entry was in the life of the Lord, or after his death.

Forcible Entry, where the Defendant saith, that J. H. and H. Wood infeoffed Fines and Sackvile, and iustiffies as Servant to them; the Plaintiff saith, one J. S. J. Hook, and H, Wood infeoffed him, and for that he doth not say, the aforesaid J. Hook and H. Wood, it is not good: 1 H. 7. fol. 19.

Where one pleads Barr, which comprehends but one matter, this shall be certain, as Arbitrement, he ought to shew where the Submission was made, and if that compre∣hend two matters, he need not to shew both so certain, as it is said, Free-hold of a stranger, and he as Servant, and

by his command entered, it is good without shewing where the commandement was, 3 H. 7. fol. 11. B.

Quare impedit, The Defendant saith, that J.S. granted the next avoidance to A. which presented, and the Church is void, and the next avoidance was granted to B. which died intestate, and the Ordinary sequestred, and for that, that he doth not shew the name of the Ordi∣nary, it is not good, 9 H. 7. fol. 23.

Trespasse, the Defendant pleads that it is the Free∣hold of John Sherewood, and that he by his commande∣ment entered, and for that, that he doth not shew where the command was, it is not good, otherwise it is, if he had justified as Servant, and by his commandement, 12 Ed. 4. fol. 10.

Trespasse, upon the Statute of Rich. the Defendant saith, that his Predecessour, Master of the Hospitall of Saint Johns of Jerusalem, was seised, and died, and that he was Master, and entered after his death, and might be Master by Election, Collation, or Presentment, and for that it is not good, 34 H. 6. fol. 27.

Debt upon Obligation, the Defendant saith, that it is indorsed upon condition to be at the award of J.S. who awarded that he should discontinue his Action, which he had made, which he hath done, and for that it is not shew∣ed what Action, nor ••ow it is hanging, it is not good, 36 H. 6. fol. 9.

Maintenance, The Defendant iustifies for that, that he was his Servant, and the Plaintiffe saith that he gave four Marks to maintain, and for that, that he doth not say, hanging the Plea, it is not good, for it may be before, and then it is no Maintenance, 3 H. 6. fol 54.

Trespasse, The Defendant pleads that J.S. enfeoffed the Plaintiffe to the use of Alice, by force whereof the said Alice gave to him the Trees, and it is no Plea, for he doth not shew if the Plaintiffe were seised at the time of the gift to the use of Alice, 7 H. 7 f. 3.

Trespasse, if the Defendant iustifie by command of him to whose use he ought to say, that at the time of the com∣mandement they were seised to the use, &c. the same Law, if one plead a Lease, and Release, he ought to say, that he was possessed at the time of the Release made, 10 H. 7. f. 26. & 7 H. 7 f. 3. the same.

That which is Issuable ought to be pleaded certainly.

ONe avows for that, that the Plaintiffe held of him by a Knights Fee, and this is not good, for that he doth not shew by what Knights Fee, 12 H. 8. fol. 13.

3 H. 7. f. 2. One traverses the Office found after the death of the Lord Greystock, the Kings Tenant, which was found that he died seised, and he said that the Dean of York recovered against the Lord G. in a Writ of Right, long before the finding of the Office, and it may be he re∣covered against him long before the finding the office, and it might be, after the death of the Lord Greystock, and for that it is not good, for it is uncertain. So if one plead that he entred for that, that his Tenant aliened in Mort∣main, he ought to shew that he entered within the year, otherwise it is not good.

26 H. 8. fol. 2. Debt upon Obligation, indorsed with condition, if he make an Estate, as it shall be devised by the Plaintiffe, Defendant saith, that he hath made an Estate, and it is not good, without shewing what Estate.

1 H. 7. fol. 13. One comes to reverse an Outlawry of Felonie, and pleads that he was in the Castle of Oxford, at the time of the Outlawry published, and for that he doth not shew, in what County the Castle is, nor under whose custody, it is uncertain, and not good, for these are Issuable.

2 H. 7. f. 6. Dower against the Heire, he saith, that he was ready to render Dower, if she would deliver to him the Writings concerning his Land, and for that he doth not shew what Writings, incertain, it is nor good, for it is Issuable.

Affirmative and Negative.

Issue shall be upon the Affirmative, and Negative, and it shall not be answered by Argument.

DEbt against the Administrators of J.S. Defendant saith that J. S. made him Executor, Judgement of the VVrit, he shall say without that, that he died inte∣state,

〈1 page duplicate〉〈1 page duplicate〉

〈1 page duplicate〉〈1 page duplicate〉

for this is alledged by the Plaintiffe, 9 H. 6. fol. 7.

11 H. 4. fol. 88 Trespasse of taking six beasts, the Defendant iustifies the taking of them by agree∣ment, the Plaintiffe saith, they were other six, and ought to traverse without that, that he took those six in the Ne∣gative.

11 H. 6. f. 1. VVrit upon the Statute of Labourers, and counts, that the Defendant was a Vagrant, and he re∣quired him to serve, and he refused, Defendant saith, that he was in the Service of J. S. and shall say without that, that he was a Vagrant.

1 H. 6. f. 15. Formedon in Reverter, and counts of a gift in Tail, the Defendant saith, that the Donor gave in Fee, and it is not good, but he shall say without that, that he gave in Tail.

10 H. 6. f. 7. Account for the Heire, against a VVoman Guardian in Socage, Defendant saith, that the father of the Insant held of her in Knights Service, and died, and Defendant seised him, and he ought to say without that, that he held by Knights Service.

14 H. 8. fol. 4. The Avowant saith, that W. the tenth day of February, year twenty five granted, his Interest to him, and avowed doing damage, Plaintiffe saith, that W. the first day of Feb. year twenty five granted, his Inte∣rest to him, and he put in his beasts without that, that he granted that to the Avowant, before he granted that to him, and good.

38 H. 6. f. 17. Action upon the Case, of that, that he hath Leet and Fines, and Amerciaments of the same, De∣fendant saith, true it is, that the Plaintiffe hath Leet, but that he the Defendant hath Fines, and Amerciaments, he ought to say without that, that the Plaintiffe, hath the F••nes and Amerciaments.

18 H. 6. f. 8. Debt upon an Obligation dated the twen∣tieth of Aprill, and first delivered the second of May, the Defendant pleads Release the last day of April, and that the Obligation was delivered when it bore date, and for that, that he hath not traversed in the Negative, that is to say, without that, that it was first delivered, the second day of May, it is not good.

32 H. 6. f. 4. Debt, and Counts of a Lease of a House,

rendering twenty shillings; Defendant saith, that he let the House and four Acres rendering twenty shillings, and ought to traverse, otherwise it is but an Answer by Argu∣ment.

32 H. 8. f. 8. Debt against Executors, Defendant saith, that the Testator died intestate, that the Administration was granted to him, he ought to say, without that, that he is Executor, or administred as Executor.

1 H. 7. f. 13. Debt upon a simple Contract, Defendant saith, it was upon Condition, and shall say, without that, that he sold in manner and form.

4 H. 7. f. 9. Partition, Defendant saith, that he was onely seised, and shall say, without that, that he held as undi∣vided; 6 H. 7. f. 5.

4 H. 6. fol. 4. Debt against J. S. of D. Defendant saith, that he is dwelling at S. and shall say, and not at D. 19 H. 6. f. 1. the same.

7 Ed. 4. f. 16. Scire facias against a Parson for Arrerages of an Annuity, Defendant saith, that before the Writ purchased, he resigned to the Bishop of L. and so that re∣maines in his hands, Judgement of the Writ, and it is no Plea, for it is but an Answer by Argument; and for that he shall say, without that, that he was Parson; day of the Writ purchased, or afterwards.

11 Ed. 4. fol. 4. Action upon the Statute of Rich. by J. Freestone, Defendant saith, that the Master of the Colledge of Maidstone, and his fellow-brethren let, &c. Plaintiff saith, at the time of the making of the Lease, there were not any fellow-brethren of the said Col∣ledge, and this is but an Argument, and for that he shall say, without that, that the Master and his fellow-bre∣thren let.

14 H. 8. f. 29. Issue shall be upon Affirmative and Nega∣tive.

9 H. 7. fol. 13. Trespasse, Defendant justifies for Fealty not made; the Plaintiff saith, it was not unmade, and good in the Negative.

Material.

Let us see what things are material in pleading, Evidence and Verdict, and otherwise, and what not.

ACtion upon the Case in London, and counts that he was possessed of Wine and Stuff, and shews that cer∣tain in such a Ship, and the Defendant at London assumed for ten pounds, that if the Ship and Goods did not come safe to London, and are put upon the Land there, that then he shall satisfie one hundred pounds to the Plaintiff, and counts that aftewards the Ship was ••obbed upon the Trade in the Sea, and for not satisfying, Action did accrue, and though that the Plaintiff doth not shew where he was possessed, it is good, and though it appear upon the Evi∣dence, that the Bargain was made beyond Sea, and not in London, yet for that the place is not local, it is not material, and though they were robbed upon the Sea, the Action lies in London upon the Assumpsit, 34 H. 8. Tit. 107.

40 Ed. 3. fol. 2. Precipe, against H. Son of W. Osmond, the Tenant at the great Cape came before he saved his default, and saith, that his Father is named Ed∣mond, and not Osmond, and shall have that Plea before he save his default, and that is material, for mischeif of the Warrant: 40 Ed. 3. f. 48.

41 Ed. 3. fol. 15. Ravishment of J. Heir to his Father, where he was Heir to his Father and Mother, for the Lands were given to the Father and Mother, and to the Heirs of their two Bodies, and the Mother survived, and yet it is good, for the Action is personal, and it is not ma∣terial if he be named Heir to one or other; 43 Ed. 3. fol. 4. the same.

3 H. 7. f. 14. Where a Jury appears, and notwithstanding the Distresse, for the Jurors were not w••ll returned, it is not material, and for that it shall not be assigned for Error.

21 H. 7. fol. 36. It seems in the Case of a Lease of Com∣mon, except profits, that where a Lease is pleaded to be made one day, and it is found by Verdict to be made ano∣ther day, the day is not material, and the party shall re∣cover;

and where Trespasse is alleadged to be made one day, and it is found to be made another, it is not material, but the party shall recover.

33. H. 7. f. 11. In an Obligation one is named of D. he is not estopped to say, that he is dwelling at S. and not at D. for it is a recitall not materiall. 34 H. 6. f. 21. Debt against J. wikes at Bristoll.

38 H. 6. f. 9. The Array was challenged, for that it was made at the denomination of the party by one J. S. the Sheriffs Clerk, and given in Evidence, that it was made at the denomination, by the Baillff of the Franchise, and that is good Evidence, for the substance and effect is, if it were made favourably or not, and the other is not ma∣teriall.

32 H. 6. fol. 3. The Original in Debt is two and forty pounds, and there is a Supersedeas sued upon that, for that the Defendant is Clerk of the Chancery, and the Supersedeas doth mention four and forty pounds, and yet for that he is a Clerk of the Chancery hath the priviledge allowed, and the other is not material.

36 H. 6. f. 2. Debt upon a Recognisance, the Defendant pleads no such Record, and it is certified Recognisance upon Condition not expressed, and the Plaintiff shall re∣cover, otherwise it is, if it were certified upon Condition therein.

42 E. 3. f. 3. Covenant by one as Heir, where a Covenant was made to his Father and his Heirs, to sing Divine Ser∣vice within his Mannour, he need not to be named Heir, whether he be named Heir or not, it is not material, for if he be Tenant of the Land, it shall not abate for that, for he that hath the Mannour shall have this Covenant, for the thing is to be done upon the Land; 44 Ed. 3. f. 38.

44. Ed. 3. fol. 45. Assise of Tenements in Belham, Defen∣dant pleads Recovery of the same Lands put in View in Eston, and for that, that the Town is not material in Assise (for he shall recover by View of the Jurors) is good.

6 H. 7. fol. 6. Appeal against J. Hasset, Cannon of the Monastery of W. the Defendant saith, no such J. Hasset Cannon of the Monastery of W. it is not good, for if he be Cannon or not, it is not material, but no such J. Hasset as is supposed by the Writ; 10 H. 7. f. 27.

3 E. 2. tit. Eschea•• 8. In Escheat, the Plaintif counts that his Tenant committed Felony, for which he was at∣taint, and the count was challenged, for that he doth not say for what Felony, and yet it is good, for it is not mate∣riall for what Felony it was.

7 H. 4. f. 1. Debt by a woman, Defendant pleads that shee is out-lawed at the Suit of J.S. and the Plaintif pleads no such Record, and she was out-Lawed at the Suit of N.S. and she shall not be answered, for it is not materiall at whose Suit she was out-Lawed.

4 Ed. 4. fol. 29. Obligation is W.N. to be bound to J.S. and is to be paid to W. N. where it should be J. S. and this to be paid is not materiall, for the Obligation is good without, to be paid, and may count solvendum J. S. and it is good.

7. Ed. 4.5. Hominereplegiando, by an Abbesse, they were at Issue, and it is a principle challenge, that one of the Jury was cozen to a Nun of the Abbesse, and it shall be tried if he were Cozen or not, and it is not materiall how he is Cozen.

9 Ed. 4. fol. 4. A man is bound in an obligation, the con∣dition of that is, if he go to the Church and marry his Daughter, &c. and he rides and marryes her, that sufficeth, and the other not materiall, for the Marriage is the sub∣stance, and not going, or riding to do it.

10 Ed. 4. fol. 13. Detinue, against J. Curson and the writ was, command J. Curson, Son and Heire of J. Curson, where in truth he was Son of William Curson, and the Plaintiff counts of delivery of Goods, and for that it is not materi∣all.

12 Ed. 4. fol. 1. Trespasse of Goods taken, the Defendant saith that in London there is a Market every day but Sun∣day, and that J.S. sold them to him upon a Fryday, and though he do not shew what year, it is good, for it is not materiall.

22 Ed. 4. tit. 128. Shewing of Deeds, trespasse by Admi∣strator, and counts of Goods taken out of his own possessi∣on, he need not shew Letters of administration, for that it is of his own possession, and is not materiall.

38 Ed. 3. tit. 14 Detinue of writings, by J. Son of T.W. it is no Plea that the Plaintif is a Bastard, for he demands but Chattells, whereof he was in possession, and it is not materiall.

15 H. 7. f. 11. Trespasse, where the Defendant conveyes to him title by diverse scoffments of strangers the Plaintiff may traverse any which he will, but if he convey any title from the Plaintiff himself, that is more materiall and tra∣versable.

3 Ed. 4 fol. 19. Trespasse, the Defendant saith that J.S. gave in taile to his Ancestor, which dyed seised, and this discended to him, the Plaintiff saith that he was seised in Fee, in right of his Church, till the Defendant outed him, and ought to traverse without that, that J.S. gave in taile, &c. For this is most materiall, 15 Ed. 4. fol. 2. the same.

26 H. 8. f. 1. The King recites that for the good service that he had done in the Warrs, he grants, where he was ne∣ver in the Warrs, it is a good grant, for the recitall is mat∣ter in deed, not materiall.

9 H. 7. fol. 7. If the King make a Denizen, and recite that where he was borne in France, where indeed he was borne in Spain, this grant and making him Denizen, is a good grant, and the recitall is not materiall.

3 H. 6. fol. 9. Where processe is miscontinued, and Judg∣ment given by default, this Judgment upon miscontinu∣ance is errour, and may be assigned for errour, but where it is miscontinuance of processe, and the party appear and pleads, and Judgment upon Verdict is given, this cannot be assigned for errour. See, 3 H. 7. f. 8.

1 H. 7. f. 12. Errour was assigned, for that it was contai∣ned in the Record, that in base Court the Entry was, that the Court was held upon Tuesday, that is the third day of March, where Munday was the third day of March, and this was adjudged errour, and the (Videlicet, &c.) mate∣riall.

4 H. 7. f. 6. Where one is named Executor, where that name Executor is not materiall, the Writ shall not a∣bate.

17 Ed. 4. f. 2. Where the Defendant in trespasse pleads, that the plaintiff bargained and sold to him ten acres of Corn, though he do not say ten Acres sowne with corn, it is not materiall, for it is usually so called, and a good Plea.

1 H. 7. f. 21. A certaine Memorandum was entred, that is to say, Memorandum that Simon Wiseman came this 31 day of November, this Tearme of S. Michaell.

2 H. 7. f. 11. If processe be miscontinued, and the party appear and pleads to the Issue, and Judgment is given, there the miscontinuance is not materiall, and is no Er∣rour.

9 Ed. 4. f. 42. Trespasse of a Bagg taken with Money, the Defendant saith, that the Plaintif was indebted to him in a certain summ, and delivered that unto him for discharge, and is good, though he do not shew for what cause he was indebted, for this is not traversable, and for that is not ma∣teriall.

Manner and Form.

Manner and Form, where it is materiall, and where not.

MAaintenance, The Defendant iustifies, for that, that he is his Neighbour, and informed him of a man learned in the Law, The Plaintiffe saith, that he gave money, the Defendant saith, that he did not maintain in manner and Form, and it is no Plea without answering to the speciall matter, 13 Ed. 4.14.

Trespasse, The Defendant saith, that the Plaintiffe is Villain regardant to the Mannour of D. the Plaintiffe saith he is free, and not Villain in Manner and Form, and Manner and Form is not material, but if he be a Villain, or not, 13 Ed. 4. f. 4.

Debt of the sale of a Horse for sorry Shillings, (where the Bargain was for two Horses) the Defendant pleads, that he oweth him nothing in Manner, and Form: the Jury ought to find for the Defendant, for that, that the Bar∣gain was for two Horses 40. s. and Manner and Form there is materiall, and parcell of their Charge, and so it is in every Case, where the Action varies from the Bargain, 21. Ed. 4. f. 22.

Debt upon sale simply, the Defendant saith, that the Sale was upon condition, without that, that the Plaintiffe sold that in Manner and Form, and is good, 1 H. 7. f. 13.

Trespasse, the Defendant justifies, for that the Plaintiffe held of him by Homage, Fealty, Suit of Court, and ten Shillings four pence, the Plaintiffe saith, that he held

by Fealty, and ten shillings, without that, that he held in Manner and Form, and found by Verdict that he held by ten Shillings four pence, and not by Homage, and the Plaintiffe had Judgement for that, that part is found against the Defendant, and Manner and Form is not ma∣teriall, 31 H. 6. f. 12. 9 H. 7. fol. 12.

Entrie in Casupro viso, and Counts of alienation in Fee, the Defendant saith, that he did not alien in Man∣ner and Form, as the Plaintiffe hath counted, and found that he aliened in Tail, the Demandant shall recover for (Manner and Form) are but words of Form here, but whether he aliened or not, is the substance, Littleton, fol. 113.

Lord and Tenant, and the Tenant brings Trespasse a∣gainst his Lord, and Justifies for that, that he held of him by Fealty and Rent, and for the Rent behind, that he took his beasts, and demands Judgement of the Wri••, (by force of Arms) against him, the Plaintiffe saith that he doth not hold of him in Manner and Form, and though it be found, that he holds by Fealty onely, yet the Writ shall abate, for (Manner and Form) is not mate∣riall, Littleton f. 113.

Trespasse of Batterie; or of goods taken, the Defen∣dant pleads not guilty (in Manner and Form) as the Plaintiffe supposeth, and is found guilty in another ••own, or at another day, yet the Plaintiffe shall recover, Littleton fol. 114.

Action upon the Case, by a Husband alone, upon an Ass••••••••t to him by Tatam, the Defendant saith, he did not allume in Manner and Form, and the Plaintiffe gives in evidence of an Assampsit made to his Wife, and his agree∣ment afterwards, and it is good, and (Manner and Form) is not materiall, 27 H. 8. f. 29.

Cessavit, That the Defendant held divers Lands by in∣tire Service, he may plead, that he held not in (Man∣ner and Form) and give in evidence, that he held by severall Service, and it is good, 10 H. 7. f. 24.

An Array of a Pannell, was challenged, for that it was made by the Sheriffe, Cozen to the Plaintiffe, and shews how he is Cozen, the other saith, he is not Cozen in (Manner and Form, as, &c.) and he is found Cozen, but this is found to be in another Manner, and yet good, for

(Manner and Form) is not materiall, 19 H. 8. fol. 7.

Assise, the Tenant pleads a Feofment of J.S. by Deed, the Plaintif intitles him, without that, that J.S. enfeof∣ed him in Manner and Form, and could not give in evi∣dence a Feofment without Deed, and traverse that with (Manner and Form) is good to avoid a Negative preg∣nant, and in Sine assensu Cantuli, the Defendant shall not say, that he did not alien without the consent of the Chapter, but that he did not alien in Manner and Form to avoid a pregnant Negative, 22 Ed. 4. f. 4.

Negative Pregnant.

Where a Negative pregnant may be, and where not.

WAste, The Defendant saith, that he did not let to him for years, it is no Plea, for it is a pregnant Negative, but he shall say that he did not let at all, 43 Ed. 3. f. 13.

Action upon the Statute of Rich. he did not enter a∣gainst the Form of the Statute, is good, though it be a pregnant Negative, for that, that it traverseth the point of the Writ, 31 H. 6. f. 12.

Consimili Casu, Issue was, if he aliened in Fee, or not aliened in Fee, which is a pregnant Negative, and al∣lowed, the reason is plain, 38 H. 6 f. 3.

Lord and Tenant, the Tenant pleads a Feoffement made before the Statute of (quia em tores terrarum) after the time of memorie, and the Lord said, that he did not give after the time of memorie, and is good, notwith∣standing it be a pregnant Negative, 39 H. 6. f. 8.

Debt upon Obligation, the Condition to repair a House, and saith, that A. disturbed him by the Plaintiffes command, the Plaintiffe saith, that he did not disturb him by his commandement, and it is a pregnant Nega∣tive, and double, and for that saith, that he did not com∣mand him, and took the other by Protestation, 9 H. 6. f. 44.

Debt upon Obligation, the Defendant saith, it is in∣dorsed upon condition, to be at the arbitrement of B. so that it be delivered to the parties, before such a day, the

Defendant saith, that the Arbitrators made no such A∣ward, and delivered to the parties, and it is good notwith∣standing, that it be a pregnant Negative, for that it is Condition, and is the whole Condition: 10 Ed. 4. fol. 6.

Debt upon the statute against a Vicar for taking Farmes, he had not, nor held not, against the forme of the statute, is good, though it be a pregnant Negative, for that it is to the point of the statute, 27 H. 8. f. 25.

Action upon the Case against a common Inholder of his Goods taken, where they were laid; the Defendant saith, that they were not taken in default of him, nor of his Servants, and it is not good, for it is a pregnant Ne∣gative; the same Law is, where the Defendant saith, that he delivered to the Plaintiff the Key of his Chamber, and he carried A. and B. with him, which carried out the Goods, the Plaintiff saith, that A. and B. which he brought in with him did not carry out his Goods, and it is not good, for it is a pregnant Negative; 22 H. 6. fol. 22.

Waste of ten Oakes, the Defendant saith, that the Plain∣triff gave them to J. S. and commanded the Defendant to cut them, and to give them to J. S. which he did 〈◊〉〈◊〉 the Plaintiff saith, he did not cut them by his dommande∣ment, and it is not good, for it is a pregnant. Negative; and for that he saith, that he did not command; 21 H. 6. fol. 49.

Action upon the Case of his House burnt in dosa•••••• of good keeping the Fine of the Defendant; the Defendant saith, that the House was not burnt in default of his good keeping of his fire, in manner and forme, and it is a p••eg∣nant Negative, and was pleaded in Ariest of Judgement, for that, that in this are comprised two Sentences, one that the House was not burnt, the other that it was not in default of the Defendant; 28 H. 6. f. 8.

Obligation.

Here I intend to shew to you how the Condition of Obliga∣tions ought to be pleaded, performed.

WHere one pleads Conditions performed, and his Plea is in the Affirmative, he ought to plead in certain, as where the Condition is to discharge the Obli∣gee, it is no plea to say, that he hath discharged him, but he ought to plead now he hath discharged certainly; 5 H. 7. f. 8. & 6 H. 7. f. 5.

But if the Condition be to save him without damage, to pleade in the Negative, (he was not ••amnified) is good; 7 H. 4. f. 13.38 H. 6. f. 14. & 10 H. 7. f. 13.

By Hussey, if Condition be to save the Plaintiff harm∣lesse, to plead (he was not damnified) is good: but it the Condition be to discharge or acqui•• him, he ought to plead how specially he hath acquitted and discharged him; 22 Ed. 4. f. 43.35 H. 6. f. 13. & 40 Ed. 3. f. 20.

If the Condition be, that if the Defendant acquit the Plaintiff against J. S. and he pleads that J. S. released to the Plaintiff at his request, and this is a good Acquittall, 1. H. 7. f. 30.

Condition was to discharge a Sheriff, it was held clear, that the Defendant shall say generally, that he hath dis∣charged him, without shewing how, for he cannot shew speciall discharge, where there was no Charge, I suppose this was, for that it was infinito••▪ 〈◊〉〈◊〉 Ed. 〈◊〉〈◊〉 f. 10. & 21 H. 7. fol. 30.

Condition that if he keep J.S. discharged of all Escapes of all Felone in such a Prison, the Defendant saith, there were but two Prisoners, that is, J.S. and R.K. and that he was not damnified, and a good Plea.

If the Condition be to gather all the green Wax of the County, the Defendant may plead generally that he ga∣thered all, without shewing specially what that is, for that, that it is infinite, 2 H. 7. fol. 15.

If Condition be that if the Defendant serve the Plain∣tiffe, without absence for seven yeares (speciall license excepted) the Defendant may plead that he hath served

the Plaintiff this seven yeares; and not absented himselfe (speciall license excepted) and it is good, for it may be he hath licensed him diverse times, and he need not shew all, 6 Ed. 4. fol. 2.

If the condition be, that if the Defendant finde sufficient Meat, Drink, and Apparrell to one, till he be of the age of twenty foure yeares, it is a good Plea to say, that he hath found him, Meat, Drink, and Apparrell sushcient at D. for all the time aforesaid, without shewing in speciall what Meat, and what apparrell, and the Plaintif takes Issue, that he did not finde to him sufficient Apparrell: And took not Issue upon all for doublenesse, 12 H. 7. f. 14.

If condition be, that if the Defendant shall not prove that J.S. was not presented and instituted to the Church of D. that then, &c. The Defendant may say that J.S. was not instituted, and it seems good, for the condition is negative, and therefore it sufficeth to say as above in the negative. The same Law is if the condition were, that if the Defen∣dant prove that he oweth nothing to the Plaintif, it suffi∣ceth to say he owes nothing: The same Law is, if the condition be, that if I prove my Wife not guilty of such a Trespasse, it sufficeth to say that she is not guilty, 15 Ed. 4. fol. 25.

If the condition were, that if he prove within one year, that it was the will of J.S. to say that J.S. made this Will, which he brought to the Plaintif within one year written, is not good: But by 3. Justices, proof of that by two Witnesses to plead that, is good, though it be not by Jury, 10 Ed. 4. fol. 11.

If the condition be, that if he do not enter and claime the House, the Defendant may plead that he did not enter nor claime that, and the Plaintiff shall say that he clai∣med and shew the manner of that, 4 H. 7. f. 13.

Condition, if the Defendant make an estate to the Plain∣tif before P. as it shall be demised by the Councell of the Plaintif: The Defendant may plead that, the Councell gave no advise, or no advise was given by Councell, and good in the negative, and the Plaintif then in the affirma∣tive cannot say that the Councell did give advise, but he ought to shew certainly who was of his Councell, and say certainly what advise was given, 6 H. 7.3. & 11 H. 7.23. ac∣cordingly.

Condition to pay all the ar••erages, of all the Lands which he holds of the Plaintiff in D. it is no Plea that he hath payd all generally, but he ought to shew specially to what sum, for that, that it is in the affirmative, 20 H. 6. fol. 33.

Condition to pay a Lesser sum at the Feast of P. If the Defendant plead that he hath paid it, he ought to plead what day he paid it, 46 Ed. 3.29. & 47 Ed. f. 13.

Condition, that if the Defendant carry all the Thorns out of the Land let to him by the Plaintif, the Defendant may plead generally, that he hath carryed all, for that, that it lies in notice of the Plaintif, and the Plaintif saith, that so many were, which were not carried. But if the con∣dition were to infeoff the Plaintif of all the Land, of which the Father of the Defendant died seised, or to give to him all the Money in his purse, there he ought to plead how much that was, for that, that it is in the affirmative, and it lieth more in the knowledge of the Defendant then in the Plaintif, 12 H. 8. fol. 7.

Debt by the Sherif upon an obligation, the Defendant saith it was indorced upon condition, and saith, he hath, performed all the condition, and it is a good Plea: And the Plaintiff, that he hath not accounted, and that is no Plea, but that, such a thing came to his hands for which he hath not accounted, that the Issue may be upon certain∣ty, 2 R. 3. f. 17.

If the condition be to perform all the Covenants in an Indenture, the Defendant cannot plead that he hath per∣formed all generally, but he ought to plead how specially he hath performed every Covenant, 26 H. 8.6.11 Ed. 4.12. 13. H. 7.18. and, 6 Ed. 4. fol. 1. But at this day it is used in the same case, in debt upon an Obligation endorced to perform the Covenants in Indentures, that the Defendant recits the Indenture, and in the end he pleads, that he hath generally performed all the Covenants. And then the Plaintiff ought to shew breach in one, and upon that Issue is taken.

If condition be, to stand to the award and abitrement of certain Persons: it is no Plea for the Defendant to say, that he had no notice of any Award, but if it were (so that it be delivered to the parties in writing) the Defendant may plead that no Award was delivered to him in writing, 1. H. 7. f. 5.

If condition be, that if the Defendant shall stand to the Arbitrement of J.S. the Defendant may plead that he hath not made any Award, and the Plaintiff shall say, that he hath made one, and shew what it is, 2 R. 3. f. 13.

Pleading by Name.

REversion is devised, by the name of all Lands and Te∣nements in D. and good, 34 H. 6. f. 6.

Lease is made of his Lands in Bodehill, and by anci∣ent evidences, parcel of that is in D. he may plead his lease and give in evidence, that all was let by the name of Bode∣hill, 20 Ed. 4. f. 9.

Where Margery and her Husband levied a Fine by the name of Margaret, and the Tenant may plead that Margaret by the name of Margery acknowledged the Land by Fine. And also it is that Agnes by the name of Ann levied a fine, Fitzh. f. 97. A

One cannot give Land by the name of the Oshee of the Forrest, 10 H. 7. f. 17.

That J.S. by the name of J.D. in grant is good, and by the name Hastings, Hasting, 9 Ed. 4. fol. 43.

Obligation was J. Boson and an Acquirtance J. of Bozon with a (z) and this was pleaded to be made by name, 14 H. 4. fol. 30.

Presidents.

For that, that Presidents are to be followed, something shall be said touching them.

SAunders cheife Baron saith, the best Interpreter of the Law is Custome, and for that, that the Presidents, and the Accounts of the Exchequer, prove that from time to time, custome and usage hath been, that the Kings of this Realme have had the profits of such Mines of base met∣tal containing Gold and Silver, without disjunction, that the value of the Gold and Silver shall be greater or less▪ and upon the Presidents it was adjudged, for the King a∣gainst the Earle of Northumberland, in the information of

Mines of Copper, mixt with Gold or Silver, Plowden fol. 336.

It is said in Assise, for that, that it is (hath shewed to us) where it should be (hath complained to us) because of the forme and president, it shall abate, and so it is where it is (he hath disseised him of foure Acres) where it should be by the Presidents (of his Free-hold) it shall abate, 11 H. 6. f. 25.

Venire sacias, The Sheriff returns (that he hath made to come) 12. and yet to return 12. is not good for the Presidents are twenty foure, and so ought he to return twenty foure, 2 H. 7. f. 8.

27 H. 8. fol. 16. One challenged the Array, and doth not verefie his challenge, and he need not, for Presi∣dents are so, and the Justices would not change the Presi∣dents.

7 H. 6. fol. 30. In the Kings Bench you shall not have a Habeas Corpora juratorum, but a Ven••re facis and distringas.

39 H. 6. fol. 32. M••sne, and counts that he held of the Mesne, and that he ought to acquit him, and doth not count that the Defendant held over, yet for that, that there were Presidents of that shewed: It was held good.

6 H. 7. fol. 15. Assise 1. The Tenant plea••s no wrong by Bailiff, and yet continuance was not between Plaintiff and Bailiff but between Plaintif and Tenant, and so were pre∣sidents, and for that said to be good.

11 H. 7. f. 11. Where the Tenant pleads by Bailiff in Ass. he may after plead in proper person, matters in writing, or of Certificate, for Presidents are so.

16 H. 7. f. 8. Cui in vita, The VVrit was which he claimes to hold to him and the Heires of his Body, with∣out shewing of whose gift. And the opinion of the Court that it is good, but when the Register was shewed to be con∣trary, the Court changed their opinion.

33 H. 6. fol. 22. Precipe, at the great Cape returned, the Tenant saith that he was not summoned, ready by the Country, but say that he shall be tried by wager of Law, for so are ancient Presidents, which shall not be changed without speciall matter, as against Maior and Commonal∣ty, which cannot wage their Law.

Forcible Entry of 8 H. 6. and counts of Entry with force, and keeping with force, where the Statute is in the

disjunctive, but for that, that there are Presidents in this Manner, it was allowed, 3 Ed. 4. f. 21.

Debt against Executor, for that, that the Writ was Debet, & detinet, where the President is Detinet only, it shall abate the same Law, where it is Precipe quod solvat, where it should be Reddat, it shall abate, 22 Ed. 4. f. 21.

Debt upon the Statute of Farms, against a Preist, the Writ shall not be quod reddat to the Plaintiffe, the sum so much, but it shall be quod reddat as well to us, as to the Plaintiffe, otherwise the Writ shall abate, for it is not ac∣cording to the Presidents, 27 H. 8. f. 23.

Two Infants alien in Fee, and one dies, the other shall have dum fuit infra Atatem, of the who••e, suppo∣sing that he himself aliened the whole, for that there is no other Ferm of the Writ, 21 Ed. 3. f. 50.

If Tenements be let to one man for Term of half a year, or for a quarter of a year: In such Case, if the Leffee make Waste, the Lessor shall have a Writ of Waste, and the Writ shall be (which he holds for Term of years) for that there is no other Form of the VVrit, but he shall have a speciall Count, Litileton f. 14. So the VVrit of VVaste is, that he made VVaste, and yet may count of many VVastes, for that, that there is no other Form and President of a VVrit, 4. H. 6. f. 11.

Trespasse, why with force and arms, his goods and chattells to the value, &c. where it is of dead things, and if he counts of Horses, or Kine, where the VVrit is, (goods and chattells) it shall abate, for that, that the Form is o∣therwise, and if the VVrit be of things living, he shall make metion of that in his VVrit, that is to say, by force, and arm••, four Tenches, or four Pikes, he took, or shall say, he took his beasts, and where it is a Horse, it shall be, (he took his Horse) or he took his Cow, 2••. H. 6. f. 39.

Trespasse, if the VVrit be, that he took his goods, and Chattells, and counts of ten pounds in money, the VVrit shall aba••e; for of money the VVrit is, that he took so many penc••, and that is the Form 39 Ed. 3. f. 23.

Trespasse, by the Husband and VVife, The VVrit was, he broke the Close of the VVife, and the graffe thereof the said VVifes, did ••atdown, and the Declaration was, whilest she was unmarried, and the VVrit was awarded good, for the Register is accordingly, 21 H. 6. f. 30.

Trespasse by the Husband and Wife, why by force and armes he took his Goods and Chattels, and counts that the Trespasse was when she was unmarried, the Writ shall abate, because he may have a Writ of Forme, that is, the Goods and Chattels of the said Wife, and not his Goods and Chattels, 7. H. 7. f. 2.

Where Battery is made to a Woman unmarried, which takes a Husband, they shall have an Action, that he struck D. his Wife whilest she was unmarried, 22 Book of Ass. 87. But where an unmarried Woman bea••s another, and after she takes a Husband, the Writ shall be that they both made the Battery, and this is the Form.

A Woman diffeises one, and after takes a Husband, the Writ against them shall be, that they disseised the Plain∣tiff, and not that the Wife whilest she was unmarried dis∣seised him; but if the Woman unmarried be disseised, and after takes a Husband, and they bring an Assise, in shall be, disseised her, whilest she was unmarried, 4 Ed. 4. Br. Tit. Falfe Latine 1.

What is the same.

Where in a Trespass or Action of that nature, one justifie•••••• Wrong, where he ought to conclude, that it is the same, and where not.

ACtion upon the Case for threatning his Tenants at will, by which they left the it holdings; the Defen∣dant saith, that the Plaintiff disseised him, and that he shid to him, of he would not depart, he would sue him a•• the Law would, which is the same threatning, and it is good, 9. H. 7. f. 7. & 16 Ed. 4. f. 7.

28 H. 6. fol. 4. Defendant in Trespasse justifies, for that, that he and his Ancestors Tenant of such a House and Land, have had a way in the place where, &c. to the Mar∣ket and Church of D. time out of minde, by which they used the way, which is the said Prospasse, &c.

21 H. 6. fol 5. False Imprisonment, Defendant justifies; for that the Plaintiff was arrested by a Justice of Peace his Warrant, and carried to him being Goaler, which is the same Imprisonment.

False Imprisonment against an Abbot, which justifies that he gave counsel to J. S. being in fear of his life, to go to a justice of Peace for a Warrant of the Peace against the Plaintiff, and that by vertue of a Warrant of the Peace so had, the Plaintiff was arrested, which is the same Imprisonment, and this he cannot say, for this is not Im∣p••••sonment by the Defendant, and for that the general Issue was entered: 12 H. 7. f. 14.

False Imprisonment by a Woman, the Defendant saith, that she is car••ied to Southwark by her consent, which is the same Imprisonment, upon which the Plaintiff counts, and it is no Plea; for Imprisonment is against the will of one, and that is not so; 14 H. 6. f. 2.

Trespasse of Assault, Battery, and wounding, the De∣fendant saith, that he laid his hands upon the Plaintiff peaceably, and arrest the Plaintiff the same day and place by a Warrant, which is the same Assault, Battery, and wounding, and held it is no Plea for the reason afore∣said; 21 H. 7. f. 49.

Trespasse of a Close broken such a day, the Defendant justifies that the Plaintiff licensed him the same day to en∣ter, and need not say, that it is the same Trespasse, for that it is the same day; but if he justifie at another day, ••••at another place, then he must say, that it is the same Trespasse; 21 H. 7. f. 39. The same Law is of Goods car∣ried out, if the Defendant justifie at the same day and place; and so in ••••••p••sse of Battery, if the Defendant ••••stifie, for th•••• the 〈◊〉〈◊〉 day and place the Plaintiff made Assault on him, 〈…〉〈…〉 he had; was of his own Assault; he need not in these Cases to say, it was the sam•• Trespasse.

But in Trespasse of Goods taken the first year, &c. the Defendant pleads all the Record, and saith, that one J. S. recovered, and that year the ninth, by vertue of a Precept to make Execution he took them, which is the faine taking, upon which the Plaintiff, &c. and this is not good, for it cannot be the same; 12 H. 6. f. 3. by Co••esmore.

False Imprisonment, the Defendant iustifies as Sherif, that he arrested the Plaintif by a Capias, and it is good, if he shy that is the same Trespasse, and otherwise it is not good••; 22 Ed. 4. Br. False Imprisonment, 29.

False Imprisonment, the Defendant saith, that he took

the Plaintif from Jack Cade and other Rebells, and deli∣vered him to the Mayor for his safeguard, which is the same Imprisonment, and that is good, for that was the Imprisonment, but iustifiable; 35 H. 6. f. 53.

Conspiracy, the Defendant iustifies, for that, that he is Steward, and that in a Leet was presented, that the Plain∣tif is a Felon, and that he shewed his Rolls to the Justices at the Session, which commanded him to shew that to the Jurors, which inquired for the King, which he did, and saith, that that is the same; for by Englefield, when the Defendant pleads a Conspiracy, which is iustifiable, he ought to shew that it is the same Conspiracy; 27 H. 8. fol. 2.

Annuity is brought of six and twenty shillings and eight pence, the Defendant saith, that he held of the Plaintif by six and twenty and eight pence of Rent, which is the same Rent, and is not good, for it cannot be the same; 33 H. 6. f. 38.

Debt upon Obligation, the Defendant saith, it was made by threats, the Plaintif saith, that he let the Land to the Defendant, rendering Rent, and saith, if he would not seal the Obligation to him for the Rent behinde, he would sue him at the Common Law, which is the same threatning, and it is no good Plea, for this is lawfull, and not a threatning; 16 Ed. 4. f. 7. Br. Tit. Duresse 23.

Maintenance, the Defendant saith, that he carried the Money of him, which the Plaintif supposed he maintain∣ed, to his Counsel, which is the same Maintenance, and this is no plea, for this is no Maintenance, 34 H. 〈◊〉〈◊〉. fol. 19.

Replication.

Where a faulty Barr is made good by Replication, and where not.

TRespasse, the Defendant pleads an Agreement to pay Money, and to make Windows, and said, that he paid the Moneys, and nothing of the Windows, and the Plaintiff replied and said, no such Agreement, and yet the Plaintiff in Barr pleaded an Agreement, and that

not executed, is not made good by the Replication, for the Barr is not good, to no intent, and the Replication cannot make that good, 6 H. 7. f. 10.

But count where a Barr may be made good by a Plea of the other party, where the Count or the Barr is uncer∣tain, as where the Plaintiff counts of an Obligation in Debt, and doth not count where it was made; and the Defendant pleads Release, and acknowledge it, and the Conisee, where the place should be in is now outed, and need not to have that; the same Law in Trespasse, where a man pleads Arbitrement, and doth not shew the place where the Submission was that is not good: but if the Plaintiff reply, and saith, that he discharged the Arbitra∣tors before the Award, now it is good, for that which was ill is now confessed, 10 H. 7. f. 24. & 20 H. 7. f. 12.

By Hussey, if one plead Joint-tenancy, day of the Writ purchased, it is not good, for that he might be sole Tenant after, if the Demandant saith, sole Tenant, and doth not demurr, it is made good by Replication, 5 H. 7. f. 14. The same Law if in Debt against Executors, they plead nothing in their hands, day of the Writ purchased, and do not say, nor ever after, the plea is not good: but if the Plaintiff reply, and say, that they have Assets, and that is found, he shall have Judgement, 3 H. 7. fol. 8. ac∣cordingly.

False Imprisonment the tenth day of May, the Defendant saith, that the Plaintiff made an affault in the Court be∣fore the Steward, and for his disturbance of the Peace in the Court, he was committed to ward, the Plaintiff saith of his own wrong, without such cause, and now though the Defendant hath not shewed what day the Court was, yet by the replication it is made good, for now the day is not materiall, 21 H. 7. f. 32.

If double Plea be pleaded, and the Plaintiff replies, and rakes Issue of one matter, and that is found, he can∣not after plead in arrest of Judgment, for by the Replica∣tion it is made good, 18 Ed. 4. fol. 17.

Debt upon in Obligation, the Defendant pleads a de∣feasance, which is, that if the Defendant deliver to the Plaintif in London certaine Clothes of Kersey of as good Stuff, and of as good making, as before these times have been made in the Town of D. in the County of Darby, that

then the Obligation should be void, and saith that he hath delivered to the Plaintif in London the Clothes of as good, &c. According to the condition, and this Plea is not good, for that, that it cannot be tried, for those of London cannot try if they were as good, &c. But the Plaintif replied, and said, that the Plaintif did not deliver to us any manner of Cloth in London ready, &c. and now by the Replication it is good, 22 Ed. 4. fol. 2.

Debt, the Plaintif counts upon a Lease for terme of yeares, and doth not shew where it was made, and the Defendant traverses the Lease, and the Plaintif replies, and joynes Issue, and after acknowledges the action, and after pleads in arrest of Judgment, for that the Plaintiff hath not declared in what place the Lease was made, and yet he had Judgment; for when the Defendant hath in Barr gainsaid the Lease, he hath admitted the count good, 18 Ed. 4. fol. 17. And in Debt, if I Plead the Release of the Plaintif, and do not shew where it was made, and the Plain∣tif replies, and pleads not his Deed, the Plea of the Defen∣dant, is made good by his Replication, Br. title Repleader 38.

Annuity for Counsell given, and to be given, and counts that he hath given to him Councell, in doing his businesses, and though he do not shew in what businesses it is good, for if the Defendant saith, that he doth not give to him Councell against the Plaintif in his replication, he may shew in what things he gave Councell, and so the replication hath made all good, and the Count was good generally, 39 H. 6. fol. 33.

By Vanisor, Replication may make an ill Barr good; as I plead in Barr grant of Reversion, and omit attornement, if the Plaintif reply, and confess and avoid the grant by speciall matter, then is the Barr good, 11 H. 7.24.

By Read, in Debt against one as Executor, which pleads nothing in their hands day of the Writ purchased, which is no Plea, for that, that he may have assets afterwards: But if the Plaintif reply that he hath assets and that found by Verdict, is good, 6 H. 7. fol. 6. The same Law, if the Te∣nant in Precipe plead non-Tenure, day of the Writ, and the Plaintif replies, that he was Tenant.

And now though by the statute of, 32 H. 8. chap. 30. It was enacted, that if any Issue be tryed by the Oath of 12.

in any of the Kings Courts of Record, that Judgment shal he given, any mispleading not having colour, insufficient pleading, or Jeofaile, not worrant of Attorney put in any mis-construction, or discontinuance, misjoyning of Issue, or other default, or negligence of parties, their Councel∣lours or Attorneys had or made to the contrary notwith∣standing, and that the Judgement shall be in force, and shall not be reversed by Writ of Errour. And yet at this day, one may plead in arrest of a Jury, and say that you ought not to take this Inquest, notwithstanding this Sta∣tute.

Conspiracy against two, one in the year, 42 Edw. 3. hath pleaded to the Jury, and the other, 43 Edw. 3. pleads in Abatement, and now in, 48 Ed. 3. the first takes Nisiprius, and cannot have it before the Court be advised, if the Writ be good, for though that the other hath accepted the Writ good, yet if the Writ doth not lye in the case, the Writ shall abate against one and the other, by, 43 Ed. 3. f. 10. The same Law notwithstanding the Statute of 32 H. 8. aforesaid.

Debt against two Fxecutors, one comes at the Pluries and pleads fully administred, and after comes the other by Exigent, and pleads to the Writ that 3. others are Execu∣tors, which have administred not named, Judgment of the Writ, and for that, that the Plaintif hath replyed, that the two alone are Executors, the Defendant for that may plead this matter, in arrest of taking of the first inquest upon the first Issue, for by the replication to the second Plea, he hath waived the advantage of the first plea, where it was sufficient for all, by reason of the Statute, which wil, that he that first shall come by distresse, shall an∣swer, 7 H. 4. f. 12. Brook Executors 46. and this is good at this day, notwithstanding the Statute aforesaid of Jeofailes.

Severall Tenancy.

SCire facias, of a Fine of Rent Service against many Te∣nants, one saith that The came to a House, parcell of the Tenements, whereout the Rent in Demand is suppo∣sed to be Issuing, by it self, without that, that the other have any thing, Judgment of the Writ, and that another

holds four Acres parcell of the Land, whereout the Rent in demand is supposed to be issuing by it self, and it is good, 5 H. 5. f. 4. otherwise it is of a Rent-charge.

Scire facias against J. S. J. D. and three others, J. S. saith, that he and one of the three held parcell joyntly, and that the Ancestor was dead, day of the writ purchased, Judgement of the VVrit, and J. D. saith, he held another parcell in Fealty; Judgement of the VVrit, and the VVrit brought against them in common was abated, 38 Ed. 3. f. 20. And note also, severall Tenancy of parcell, shall a∣bate all the VVrit, 19 Ed. 3. tit. 18. 27 H. 8. f. the last, & 20 Ed. 4. f. 8.

Precipe against two of sixteen Acres of Land, one takes the Tenancy of twelve Acres, without that, that the other hath, &c. and vouches, and the other takes the Te∣nancy of the residue, without that, that the Plaintiff ought to maintain his VVrit, 41 Ed. 3. f. 20 the other seve∣rall Tenancy shall abate the Writ, 28 Book of Ass. 25. That he which pleads several Tenancy may vouch or plead over in Barr, and not conclude to the Writ. See, Br. title Breife 141 and 13 H 6. f. 26.

Assise, severall Tenancy is no plea, and the same Law in other actions where no land is demanded in cercaine, 24 H. 8. tit. 18. But see, 21 H. 6. f. 57. and 30 B. of Ass. 24.

Dower, severall Tenancy shall abate the Writ, ••9 Ed. 3. Brook 30. otherwise it is in Assise, 15 Ed. 2. tit. 1. & 14 Ed. 3. tit, Breif. 276.

It seems that non-Tenure, and severall Tenancy in Nu∣per obiit, against, 3, is no Plea, 7 H. 6.8. See, 13 Ed. 1. tit. 3. Fitzh: fol. 197. D. F.

Quid Juris clamat, against three, which plead se∣verall Tenancy, and it was said that it behooveth that the Plaintif should maintain his writ, so he he did, 12 Ed. 3. tit. 9.

Mortdancester, against 3. which say that they are Tenants in severalty, Judgment of the VVrit. And for that, that the Assise found that one of them was Tenant in severalty the Writ abated, 8 Ed. 2. tit. 2.

In, Per quae servitia, Severall Tenancy is no plea, 12 Ed. 3. tit. 15. & 32 Ed. 3. tit. 7.

Scire facias against two, one makes default, and the o∣ther pleads severall Tenancy in abatement, and cannot,

for that Seisin is to be awarded of half, 42 Ed. 3. fol. 8. See ••. Book of Assises the 16.

Precipe against two, one takes the Tenancy upon him, without that, that the other hath anything, and the other saith nothing, the Plaintiff need not to maintain his Writ, 37 H. 6. f. 16. & 18.

Entry in the quibus against two, one pleads severall Tenancy, and also over in Barr, and the other pleads in the same manner, and the Plaintiff need not to answer to the Barr, be it good or not, but he ought to maintain his Writ, for one ought not to recover upon an ill Writ, 12 H. 6. f. 4.

He which pleads severall Tenancy, without that, that the other named with him hath any thing, he need not conclude to the VVrit, but vouch or plead in Barr, but the Demandant shall not answer to the Barr, nor to the Voucher, but ought to maintain his VVrit, that they are Tenants, as the VVrit supposes, 19 H. 6. f. 14.

Traverse.

Where he ought not to traverse, and where he ought, then what thing in the Plea shall be traversed.

BY Hussey, in Precipe, if the Tenant plead that the Land is ancient Demesne, and pleadable by a small VVrit of Right close, and he need not take Traverse that it is not frank fee, for that, that the VVrit is but a Suppo∣sall, 5 H. 7. fol. 13. And in Mortdancester, Tenant pleads Joynt-tenancy with the Father of the Demandant, and it is good without Traverse, that he is sole Tenant, for that, that this is but a Supposall; and by Tremail, fol. 14. of his Horse taken, the Defendant saith, that J. S. sold the Horse to him in an open Market, or that the Horse was waived, or VVreck, or such like, there he need not tra∣verse, for that, that this is matter in Law; and if he takes Traverse he waives that matter in Law, 5 H 7. f. 6. accor∣dingly, 2 Ed. 4. f. 9. & Plowd. 23. A. By Hussey & Fair∣fax, where a matter indeed is alleadged, by way of Bar, or in Covenant, then this ought to be traversed in every Case, unless it be for the mischeif of Trial, as special Bastar∣dy is alleadged without Traverse, it is goood for mischief

〈1 page duplicate〉〈1 page duplicate〉

〈1 page duplicate〉〈1 page duplicate〉

of Triall, 6 H. 7. f. 5. otherwise it is of matter of Suppo∣sall, and in Assise the Tenant pleads a Feoffment of J. S. the Plaintiff saith, that this was upon Condition, and that J. S. entered for the Condition broken, and infeoffed him, and so he confesseth and avoids, and for that he ought not to traverse; and in Precipe quod reddat, against J. S. he shall say, that he held ioyntly with J. D. not named in the VVrit, and take no Traverse, for that, that it is but a Supposall; and in Trespasse of Goods taken, the Defen∣dant saith, they were the Goods of J. S. which made him and the Plaintif his Executors; the Plaintif saith, that the Testator devised, that after his Debts and Legacies paid, that he should have all the remainder, and saith, that such and such are paid, which are all; the Defen∣dant saith, that such a Legacy was not paid, without that that the Plaintif alleadgeth were all, and he ought to tra∣verse, for that, that it is a matter in deed.

Trespasse of Trees cut, the Defendant pleads, that J. S. was seised of an Acre whereof the Trespasse is par∣cell in Fee, and let to him at will, and that he by his com∣mandement cut the said Trees, and demands Judgement if Action, and this is no Plea without Traverse, that is, without that, that it is the Soil of the Plaintif, 5 H. 5. fol. 8.

Trespasse, the Defendant conveys that his Father was seised in Fee, and that descended to him; the Plaintif pleads that J. D. infeoffed him, and ought to traverse, without that, that the Father of the Defendant was seised in Fee, 27 H. 8. f. 9.

Trespasse, the Defendant pleads, that the place where, &c. was his Free-hold; the Plaintif saith, that J. S. was sei∣sed in Fee, and let to him at will, and that the Defendant outed him, and disseised J. S. and that the Plaintif at the command of J. S. re-entered, and the Trespasse mean be∣tween the re-entry and the disseisin, and the Defendant maintains his Barr, and he ought to traverse the Lease, for that is most material, 11 Ed. 4. f. 3.

Trespasse, the most material matter shall be traversed; and for that if a Gift in Tail, and dying seised be pleaded in Barr in Trespasse, the Gift is traversable, and not the dying seised; so in Trespasse, if the Defendant saith, that a stranger was seised, and infeoffed the Father of the De∣fendant,

and that his father died seised, and that the De∣fendant entered as Sonne, and Heire, nothing is traver∣sable, but the last dying seised, for that is the effect of his Barr, by Neale, 15 Ed. 4. f. 2.

Trespasse, The Defendant saith, that I was seised, and protesting died seised, and conveyed the discent to the Defendant; the Plaintiffe saith, that M. enfeoffed him, by force of which he was seised, till the Defendant made a Trespasse, and the Defendant saith, as above, without that, that the Plaintiffe was seised at the time of the Trespasse, but it is not good, for he ought to traverse, and to say without that, that M. enfeoffed him, for that is the effect of the Replication, 19 H. 8. f. 7.

Trespasse, the Defendant pleads his Freehold, the Plain∣tiffe saith, that the Defendant let to A. for years, which granted his estate to B. which granted to him, the Defen∣dant maintained his Barr, without that, that B. granted to the Plaintiffe, and is not good, for he conveys from the Defendant himself, and that is traversable, and saith, without that, that the Defendant let to A. But where an estate is conveyed all by strangers, he may traverse one conveyance or other, 10 H. 7. f. 8.

Assise, the Defendant pleads Barr, and the Plaintiffe makes Title by a gift in Tail to his father, and dying sei∣sed of his father, the gift is traversable: but if it be by Feoffement of J. S. to his father, and dying seised of his Father, the dying seised is traversable, 9 H. 6.22. and 10 H. 4.1. accordingly.

Mesne, and counts that he held a hundred Acres by Feal∣ty, of the Defendant and he over, &c. the Defendant saith, that the Plaintiffe held of him by Homage and Fealty, and ought to traverse the acquittal, & not the Tenure, 2 H. 5. f. 2.

Trespasse of close broken, the Defendant faith, that J. S. and J. D. were seised in Fee, that J. S. enfeoffed the Ancestor of the Plaintiffe, and J. D. enfeoffed the Defen∣dant, and so they hold as undivided, and the Plaintiffe saith, that his Ancestor died sole seised of all, and this descended to him, without that he held as undivided, and it is no Plea, but he ought to traverse the Feoffement made by J.D. to the Defendant, for the Plea is as good without (So) and for that in this Case, that which comes after the (So) is not materiall, but whre it is materiall, it

is traversable, and for that by Choke; Debt upon an Ob∣ligation, the Defendant saith, that he was a lay man, and not learned, and this Writing was read to him in place of an Acquittance, and so this Obligation is not his Deed, now this which cometh after the (So) is materiall, 32 H. 6. f. 16. Tit. Issue 9.

Debt upon a Lease of four Acres, for four pounds of Rent, the Defendant demands Judgement of the Count, for that that the Plaintiffe let the four Acres, and a Rectorie for the four pounds, and ought to traverse without that, that he let the four Acres onely, &c. 35 H. 6. f. 38. and 18 Ed. 4. fol. 17.

One avowes for that, that the Plaintiffe held an Acre of him by twelve pence, the Plaintif saith, that he held the same Acre, and another by six pence, without that, that he held of him by the same Services onely, and it is not good, but he shall say, without that, that he held the said Acres in Manner and Form, 13 H. 7.25.

One avows, for that, that he held two acres by twenty shil∣lings of him, the Plaintif saith, that he held the two Acres and two others in the same Town, by the Services of twelve shillings, without that, that he held the two Acres onely by the Services of twenty shillings in Manner and Form, as, &c. this seems good, 8 H. 7. f. 5.

Where one justifies at another day then the Plaintiffe alledges, and ought to traverse onely, before the day of his iustifica∣tion, and where, before and after, where onely after.

TRespasse against the Sherif, of a Cow taken, the De∣sendant justifies, at the day after by a Precept he at∣tached the Cow, and took her with him, without that, that he is guilty, before that Precept to him directed, and this seems good, 9 H. 7. f. 6.

Trespasse of imprisonment second day of May, the fourth year, the Defendant iustifies the fourth day of Au∣gust, Anno fourth aforesaid, by force of a Warrant of the Peace, &c. which is the same Imprisonment, without that, that he is guilty before that day, and it is doubted if he ought to traverse before and after, and there it seems if one plead his Freehold such a day, after without that,

that he was guilty before, it seems good. 5 Ed. 4. fol 12.

Trespas in Wood, 1. day of August, the Defendant ju∣stifies by prescription to have yeerly, twenty cart load there betwixt Michaelmasse and Christmas, and that such a day in November he took them, without that, that he is guilty before Michaelmasse, and after Christmasse, and good, And the Plaintiffe saith, that he knowledgeth the day that he counted, and traverseth the prescription, and good, notwithstanding he doth not maintain the day that he traverseth; for it is in the election of the Plaintiffe to maintain the traverse of the time, or to traverse the spe∣ciall matter, as in trespas, Anno 7. The Defendant pleads Release, Anno 6. without that he was guilty after the Re∣lease, the Plaintiffe may say it is not his Deed, without maintaining the day. 10 Ed: 4. fol. 2. and 21 Ed: 4. fol: 79. the same of Release pleaded, without that he was guil∣ty afterwards.

Trespas, where one pleads a Release, or Arbitrement at∣ano ther day, he ought to traverse all the time after the Release, or after the Arbitrement; for all time before is extinct. But if he plead such a day, it is Free-hold, there he ought to traverse all time before. And in Trespas of Corn taken the 6th day of July, the Defendant justifies as Parson the 10th of August, for that they were severed from the 9th, without that, that he is guilty at another time: but after the Tythes severed, and till they were dry, and it is good without traversing before and after, for it is yeerly, and not certain what day of the yeer. The same Law where one justifies for Common after corne sowed, till cut: But otherwise it is for having Common from Lam∣mas till Candlemas, there he ought to traverse all the time before Lammas, and after Candlemas. 12 Ed: 4. fol: 6.

Trespas of a Close broken first day of May, Anno 8. the Defendant pleads that the Plaintiffe enfeoffed him, the 4th of May the yeer aforesaid, without that that he was guilty before the said 4th. day. And the Plaintiffe saith that he did not enfeoffe him: and it is good, without main∣taining the day which was traversed before. 15 Ed: 4. f: 23.

If the Defendant justifie by Licence at another day, he ought to say without that, that he is guilty before or af∣ter. 31 E: 4. fol: 9.

Trespas of Batterie, the Defendant justifies at another

day before, yet he ought to traverse without that, that he is guilty before or after. 30 H: 6. fol: 4.

Trespas of beating 1. day of July, the Defendant justi∣fies in defending himself the 2. day of July, he ought to say without that that he is guilty before or after. 2 R: 3. fol: 16.34 H: 6. fol: 14. the same. and 19 H: 6. fol: 47.

Where one shall traverse the Town, and where the County, and where not.

TRespas, why he broke his Close, and took his Reeds in B. it is no plea that the place is in D. in the same County, and not in B. but he ought to justifie in D. the taking, as by prescription for repairing his house, or any matter of justification, without that, that he took in B. 9 H: 5. fol: 9. and 4 H: 7. fol: 5 by Hussey.

Trespas of goods in D. in the County of Middlesex, De∣fendant justifies at S. in the County of D. by command∣ment of J. S. in whom the property is, without that, that he is guilty in the County of Middlesex: 22 Ed: 4.38.

Trespas of goods in one County, the Defendant may justifie in another, and traverse the County. 7 H. 6. f: 37.

Trespas of a Close broken in D. the Defendant justifies for common appendant in S. in the same County, he ought to traverse without that, that he is guilty in D. 4 H: 6. fol: 13.

Trespas, why he broke his Close in D. in the County of Darby, the Defendant cannot justifie in S. in the County of N. in manner and form, and traverse the County, but plead not guilty; for upon not guilty, the Jury cannot finde him guilty in another Town in another County: but in another Town in the same County they may, and for that he ought to traverse. But in trespas of goods taken, or of Battery in D. the Defendant may justifie in S. in the same County without travers. 9 H: 6. fol: 62.

Trespas of Fish taken in a Close in little Henberry, the Defendant justifies in great Henberry in the same County, without that, that he was guilty in little Henberry, and it is good. 19 H: 6.8. and 20 H: 6.29.

Trespas of Assault, Batterie, and Imprisonment in D. the defendant ••ustifies in S. in the same County for help∣ing a woman, which the Plaintiffe would have robb'd at S.

and it is good, without traverse, that is, without saying, without that, that he is guilty in D. for it is a justification in every place of the said County. 9 Ed: 4 fol: 26.

Trespas upon the Statute of Rich: the fifth yeer, for en∣tring in 20. Acres of land in D. the defendant saith, that J. S. was seised of 20 Acres in S. in the same County, and of them enfeoffed him, and justifies, without that, that he entred into the Lands in D. and it is good. If he give co∣lour in S. to have the Town par••ell of the Issue, for in∣veigling the Jury. 11 Ed: 4.9.

Trespas in D. of Beasts taken, the Defendant justifies in S. in the same County doing dammage, without traverse. The same Law of Battery. Yet see the Book. 18 Ed: 4.11.

Detinue of a delivery to the Defendant in D. in the County of D. to re-deliver to the Plaintiffe, the Defen∣dant saith that the same day and yeer at S. in the County of N. the Plaintiffe bought the goods of the Defendant for 10 li. upon condition, that if he payed the 10 li. such a day, that the Sale should be void; and that he did not pay at the day, without that that the Plaintiffe delivered them in the County of D. for to re-deliver, and admitted a good Plea. 8 H. 6. fol: 10.

Detinue of a delivery in one County, where it was de∣livered in another: the Defendant may say, that the deli∣very was in another County, without that it was delivered where the Plaintiffe counts; otherwise he shall be twice charged. 33 H. 6. fol: 28.

By Nedham, in Debt upon a bargain, the Defendant saith it was made upon condition at another place in the same County. The Plaintiffe may say that it was made simply, without any condition, ready without traversing of the place, for that, that it is in the same County. But if the Condition were made in another County, there he ought to traverse that it was made simply where the Plaintiffe counted. 34 H: 6. fol: 32. And the same Law in detinue of chattels, and see a bargain traversable, which is in effect the same conveyance, where he might have waged his Law 33 H. 6. fol: 25.

Account of Receit in London, by the hands of R. the Defendant saith that he received them by the hands of R. in C. to deliver to the Plaintiffe himself, which he hath done without that, that he ever received them in London,

and good. 9 Ed: 4.48. and 22 H. 6.55.

Account of Recest of 10 Marks in London, the Defen∣dant saith he received them in Cornwall, to deliver them to J.S. which he hath done, without that, that he was his Re∣ceiver in London, and it seems a good plea. 9 Ed. 4. f. 48.

Trespas in the Parish of W. in D. in the County of E. the Defendant saith that the place is called W. in D. in the County of K. and justifies, without that, that W. is in the County of E. and not guilty shall be entred. 34 H. 6. fol. 5.

Trespas of a bagge with money taken at C. the Defen∣dant saith, that the Plaintife delivered that to him at L. and it is not good, but that he delivered that to him at L. to deliver to J.S. which he did, without that, that he is guilty at C is good. 34 H. 6.9. and 19 H. 6. fol. 43.

Trespas of an Horse taken at D. in the County of M. the Defendant justifies the taking for a Waife at S. in another County, without that, that he is guilty at D. and it seems nothing shall be entred but not guilty. Inquier 19 H. 7.27. and 22 Ed. 4.38. this was entred, and not the generall Issue.

Action upon the Case for that, that the Defendant sold Woad to him at J. and there shewed to him a peice, which is march••ntable, and warranted the rest to be as good as the example, where it is defective. The Defendant saith, that he sold to him Woad at B. and warranted that, &c. without that, that he sold at I. and is good. 14 H. 6. fol: 24.

Action upon the Case upon Assumpsit at London to cure his Horse; the Defendant saith at Oxford he assumed to cure, &c. without that, that he assumed at London, and it is good. 19 H. 6. fol: 49.

Trespas of beating at D. in the County of D. If the De∣fendant justifies at S. in the County of N. he ought to tra∣verse the County. 9 H. 6.62. and 11 H. 6.20. the same.

Trespas of goods taken at E. the Defendant pleads that they were delivered to him at S. in the County of M. to deliver to the Plaintiffe, which he did, without that, that he was guilty at E. 19 H. 6.48.

In Trespas transitorie, where the Defendant justifies in another County he onght to take traverse. 29 H. 6.72. and 5 H. 4. fol: 3. the same. 22 Ed. 4. fol: 38.7 H. 6. fol. 37.10 H. 7. fol: 27.

Yet ready.

Where he shall say Yet ready, and where not.

DEtinue of a Chest with Writings against Executors, it is no plea for them to say, that the Writings came to them sealed, and that they were readie to deliver them, and yet are readie, unlesse that they offer them to the Court; or to say that the thing is of so great weight that they cannot bring them hither. 9 H. 6.65. and 22 Ed. 3. B••ook. Alwayes ready. 6 Ed. 4. fol. 11.

44 Ed. 3. tit. 40. Dower, the Tenant saith that he hath been alwayes ready to render Dower, and yet is. The De∣mandant avers the contrary; upon which the Demandant shall recover her Dower. But she shall not have a Writ to inquire of her dammages now, for that is the Issue, which shall be tryed.

14 H. 8. fol: 28. Dower, if the Tenant come in at the first day, and will aver that he was alwayes readie, and yet is, if the Demandant will not aver the contrary, that the De∣mandant shall not recover dammages. 5 Ed. 4. Dower 2. Where the Tenant imparles to another Tearm, he shall not say, yet readie to render Dower.

21 Ed. 3. tit. 24. Dower, the Tenant alledges, that the Demandant deteins a Hamper of Evidences of that Land, and it, &c. the Demandant saith, That she is, and alwayes hath been readie to deliver the Hamper, &c. and for that she shall have judgement for thwith.

8 H. 6. fol. 15. Trespas, the Defendant pleads an Arbi∣trement, which was to pay 10 li. if the day be past, he shall say that he hath been alwayes readie, and yet is, and bring the money into the Court.

22 H. 6. fol: 45. Debt upon an Obligation endorsed up∣on Condition, to perform an award to pay 20 s. before Christmas last past, if he tendered before the day, and the other refused, he shall not say yet ready afterwards. In∣juire.

Dower, where the Tenant casts an Essoyn, he is not estopped to say, yet readie to render Dower. 14 H. 6. 4. See in Debt by Hank. 11 H. 4.60. and 7 H. 4. fol: 16.

Debt, where the Defendant comes inupon the distresse,

he may say yet readie. 7 H. 4.11. and 8 Ed. 4. fol: 11. the same.

Debt after Imparlance, the Defendant cannot plead yet readie. 36 H. 6. 14.

Annuitie where the Defendant comes in at the distresse, he cannot say yet readie. 2 H. 4. fol: 4.

Debt, Processe continued till the distresse, return Nihil and proceeds to the Capias, pluries, and the Defendant cometh in, and saith that he was alwayes ready, and yet is. 11 H. 4. fol: 6.

Debt upon an Obligation, to stand to the award, and the award was to pay at such a place; the Defendant may say that he was alwayes readie at the place, without saying yet readie, and without tendring the money in Court. 11 H. 6.27. See 22 H. 6. fol: 39. the reason in this case.

Debt upon an Obligation to pay a lesser summe at such a day, for the Defendant to say that he was ready at the place, and offered, and the Plaintiffe refused, it is no plea; but shall say, that he hath been alwayes readie, and yet is, and tender the money in Court, for otherwise the Plain∣tiffe shall not have remedie. 7 Ed: 4.3. But see 7 H. 4.19. and 2 Ed: 4.3. by Choke.

Detinue of Deeds against Executors, they ought to say, that they were readie, and yet are; for otherwise they shal pay dammages, 22 Ed: 3. tit. 37. Alwayes ready.

Debt upon an Obligation, condition to pay 10 li. such a day, and place; and the Defendant tenders that at the day and place, and the Plaintiffe receives there part, and respits the rest untill an agreement be made between them, and after the Plaintiffe requires it, and the Defendant refuseth to pay it; yet he shall not forfeit the penalty; for this is saved by the first tender. But now by the Court, he ought to tender it in Court.

And where one is bound in 10 l. upon condition to pay five pound, at such a day and place, and though that he were ready at the day and place, and none comes to receive it, yet by the Court he shall have the money in Court ready, 7 Ed: 4. fol: 3. See 5. H. 4.

Debt upon an obligation, the condition to pay so much money as B. shall appoint for the taking of the beasts of the Plaintiffe, and the Defendant saith, that B. appointed 10 l. which he tendered, and the Plaintiffe refused it

judgment if action, and it is a good plea without saying yet ready, for the condition is to do a collatterall act, and this 10 l. is collatteral, and for that he shal not say yet rea∣dy. But if one be bound in 20 l. and the condition to pay 10 l. there if he say that he offered the 10 l. at the day, and the Plaintiffe refused it, yet he shall say yet ready, for the 10 l. are parcell of 20 l. and for the 10 l. he cannot have action, 19 H. 8. fol: 12. and 22 H 6. fol: 45.

Debt upon an obligation, the condition that J. S. should perform the covenants of an Indenture, the Defendant al∣ledges them performed specially, and one Covenant was, that J: S: should pay to the Plaintiffe 10 l. and he said that he offered it to him, and the Plaintiffe refused by Fitzh: and Shelley, he need not say yet ready, 27 H. 8. fol. 1.

Debt upon an obligation, The Defendant saith that it is endorced upon condition that if the Prior of W. made an obligation to the Plaintiffe before such a day, that then &c. And saith that the Prior tendered that to the Plain∣tiffe, and he refused it, and shall nor say yet ready, for it is a thing out of his power, and to be made by a stranger, 10 H 6. fol: 17.

If a man be bound in 20 l. and the condition is to pay 10 l. if the Defendant plead in debt upon the obligation, that he tendred the 10 l. at the day, and the Plaintiffe re∣fused it, yet he shall say yet ready. But if the condition were, that J. S: should pay at the day to the Plaintiffe, and the Plaintiffe refuse, he shall not say yet ready, 14 H. 6. fol: 24.

Debt upon an obligation, of 10 l. the Defendant pleads that after by Indenture of defesance, the Plaintiffe granted that if the Defendant paied unto him 20 s. such a day, that then the obligation should be void, and saith that he tendred to him the 20 s. at the day, and he refused it, and by Prisot, he shall not say yet ready, 33 H. 6. fol: 2.

Debt upon an obligation, the condition to pay a lesse sum, this lesse sum is parcell of the sum in the obligation, and for that the Defendant shall say yet ready, but other∣wise it is, where the condition is to stand to the award or other collatteral matter, there the Defendant shall not say yet ready, 20 Ed: 4. fol: 2.

The Court Roll.

THe Court Baron of W. T. * 1.241 Gentleman Farmer of R. F. Clark, Prebend of the preben dary aforesaid, there to be held the Tuesday, that is the 6 day of May: the year of the Reign of our Soveraign Lady Elizabeth by the grace of God. Queen of England, France, and Ireland, defender of the faith, the ••oth.

L. H. by W. I. essoyned of Common. * 1.242

Jury J. H, J. P, T. G, R. M, R. H, R. E, T. L, R. W, R. B, W. R, T. W.

First they say upon their Oath, * 1.243

W. A,4d. J. H,4d. and R. B,4d. are Freeholders of this Man∣nour, and owe suit to the Court, and at this day have made default. Therefore every of them in the mercy, as it ap∣pears upon their heads.

Also they say upon this Oath, * 1.244 that W. J.2d. and J. R.2d. are Tenants by the Copy of the Rolls of this Court, and owe Suit to the Court, and at this day made default, therefore either of them in the mercy, as it appears above upon their heads.

Also they present that W. J. which held of the Lord freely one house, * 1.245 and 30 acres of Meddow, and Pasture with the appurtenances, within this Lordship by fealty, suite of Court, and by the yearly Rent of 6 d. dyed of such an estate so seized, and that R. J. is son and next heir of the aforesaid W. J. and is of the Age of 10 years, and came to Court, the aforesaid W. J. and payeth to the Lord for releif ••••d and made his fealty.

Also they say upon their Oath, * 1.246 that G. B. which of the Lord held freely one Cottage, one Orchard, and 6 acres of m••ddow with the appurtenances, by his deed indented bearing date the 6th. day of January, the year of the reign, of the said Queen, gave, granted, bargained, and sold, all and sing ••lar the premises aforesaid with their appurtenan∣ces to R. K. of &c. to have and to hold all and singular the premises aforesaid, with their appurtenances aforesaid, to the said R. K. his heirs and Assignes, of the chief Lords of the fee, by the Rents, Services, and customes there first

due, and of right accustomed, and the premises doth hold of the Lord of this Mannor, by fealty, Suite of Court, & by the yearly Rent of 12 d. And at this Conrt the said R. K. made to the Lord his fealty.

Also they say upon their Oath, * 1.247 that W. A. which held of the Lord freely one house or tenement •• and 20 Acres of Land called H. by fealty, suite of Court, and by the yearly rent of 6 d. dyed thereof seised, And by his last Will made in Writing, bearing date the 28th. of September, the year of the Reign of the aforesaid Queen the 19th. bequeathed the house or Tenement, and the aforesaid 20 Acres of land to certain R. A. and T. A. his sons, by the name of all his Lands, Tenements, and Hereditaments, Scituate, Lying and being in J. aforesaid, to have and to hold the aforesaid messuage or tenement, &c. And the aforesaid 20 Acres of Land, to the said R. A. and T. A. their Heirs and Assignes for ever, to the poper use and behoof of R. and T. & their Heirs and Assignes for ever. Therefore it is commanded to the Bayliffe, that he should distrain the aforesaid R. A. and T. A. according to the form of the Statute in that case provided, to pay his Releif, and likewise let them be di∣strained to make their fealty. * 1.248

Also they say upon their Oath, that R. R. customary te∣nant of this Mannor, out of the Court, surrendered into the hands of the Lord, by the hands of W. T. and R. M. two customary tenants of this Mannor, according to the custome of this Mannor. All that messuage, and 30 acres of meddow, feeding and Pasture, with the appurtenances, late in the tenure, or occupation of R. B. to the use and behoof of R. R. for tearm of his naturall life, & after the de∣cease of the said R. R. then to the use and behoof of T. B. and the heirs of the body of the said T. lawfully begotten, and for defect of such issue, of the body of the said T. B. lawfully begotten, the remainder thereof to J. J. the son of R. J. of J aforesaid Gentleman, his heirs and assignes for ever, and they say that the aforesaid R. dyed, and now at this Court aforesaid T. B. came and requested to be ad∣mitted to all and singular the premises aforesaid, and at this Court the Lord by J. K. his steward granted him sei∣sin thereof by the rod, to have and to hold to the said T. B. and the heirs of his body lawfully begotten, and for de∣fect of such issue, the remainder to the use and behoof of

the said J. J. and his heirs for ever, and the aforesaid T. B. gave to the Lord a fine 4 pound, and made to the Lord his fealty, and is admitted tenant thereof.

To this Court it is witnessed by W. T. steward, * 1.249 that W. N. lying very sick 10 day of A. the year of the Reign of the aforesaid Lady the Queen 19. surrendred into the hands of the Lord, by the hands of the said steward, (the Court being absent) in the presence of R. C. R. P. and C. H. one tenement called Miles in which lately dwelt W. G. with all his lands and tenements within the prebend of J: to the use and behoof of M. his wife for tearm of her life, and aster the desease of the said M. the remainder to W. T. son of the foresaid W. the father, and E: daughter of the said W: the father, and sister of the aforesaid W. their sons and heirs upon this condition, notwithstanding following, that if it happen any of the aforesaid W. the son, and E: the daughter, to dye without heirs of their body issuing, that then he or she, which did survive, shall have & enjoy the te∣nement aforesaid to them and their heirs for ever. And up∣on this came into this Court the aforesaid M. & did desire to be admitted into the Tenement aforesaid with the ap∣purtenances, to whom the Lord by J. K. his steward grant∣ed thereof seism by the rod, to have to him in form afore∣said at the will of the Lord, according to the custome of the Mannor, and gave to the Lord for his fine for his en∣trance there had, as it appears, &c. and made his fealty, and is admitted thereof Tenant.

Item, * 1.250 at this Court it was found by the Homagers, that one W. W. one of the sons and Coheirs of R. W. dead, which surely W.W. held of the Lord to him & his heirs, ac∣cording to the custom of this Mannor, the half of two mes∣suages or tenements, and one garden with the appurte∣nances, in J: and long before this Court dyed thereof sei∣sed within the age of 10 years, and in the keeping of one R. M. according to the custome of the Mannor, and that S. W: is brother and sole heir of the aforesaid W. W. and of full age, who being here present in the Court, desired to be admitted Tenant, to all the lands and tenements custo∣mary, of which the said W: W: dyed thereof seised, that is to the half of two messuages or tenements, a Toft and gar∣den with the appurtenances within the Mannor, to which the Lord by his steward J. K. granted to him seisin there∣of,

to have and to hold to him and his heirs of the Lord by the rod, at the will of the Lord, according to the cu∣stome of the Mannor aforesaid, by the rent, custome, and services there first due and accustomed, and gives to the Lord for his fine, for his entrance as it appearsin the head, and made to his Lord fealty, and is admitted tenant thereof.

Also to this Court came J: T: * 1.251 and surrendred into the hands of the Lord, 10 acres of land, either more or lesse, with the appurtenances called S. 4 acres of pasture, either more or lesse, called B. and 4 acres of meddow, be it more or lesse, called K. customary, to the use and behoof of R. B. Gentleman his heirs and assigns for ever by the rod, at the will of the Lord according to the custome of the Mannor aforesaid, to which R.B. the Lord by his Steward granted to him thereof seisin, to have to him and his heirs of the Lord by the rent of 10 s. yearly, and other services then first due, and he gives the Lord for a Fine, for having this entry therein 4 l. and made to the Lord fealty, and is hereof admitted Tenant.

Also the Homagers say upon their Oath, that on R: S: * 1.252 which held of the Lord as a Parcener by the custome of the Mannor, nine Acres of customary Land, with a grange, together with T: S: his brother to him and to his Heirs, dyed since the last Court so seised, and that one J: S: his son and next heir of the said R. to the half aforesaid, of the Land and Grange aforesaid, and is of the Age of 8 years. And upon this as wel the custody of the aforesaid F: as the Land and grange aforesaid, were committed to one S: I: as his. next freind, &c. And found surety to the Court E: N to restore to the aforesaid J. of the profits thereof, when he should come to the age of 14 years.

Also they say upon their Oath, that R: W: * 1.253 encroached upon the wast of the Lord, at C: in length 20 rods, and in bredth one rod, therefore he in mercy, &c. And it is or∣dained, that he shall lay out the same before the feast of St. John Baptist next, under the pain of forfeiting to the Lord for every Rod, &c.

Also they say upon their Oath, that G: B: * 1.254 Bayliffe of the Lord, such a day and year, &c. within the Lordship di∣strained, H: S: for the Lords rent, then by that foresaid H: behind and not paid, and that the aforesaid H: then and

there made Rescous upon the said G: B: therfore he in the mercy &c.

Pleas in Court Baron.

R. H. complaineth against C: E: and A: his wife, * 1.255 of a Plea of Land, that is to say, of one house, two Cotta∣ges, 20 Acres of Meddow, and 20 Acres of Pastor with the appurtenances in J: within the Jurisdiction of this Court, and made protestation to prosecute the Suit, in forme and nature, 〈◊〉〈◊〉 a Writ of the Queens, of the forme of a gift in remainder at the common-Law, and found sureties to pro∣secute that Suit, in forme and nature aforesaid, that is J.H. and R: M: and desires forthwith processe to be made for him, according to the custome of the Mannor aforesaid, a∣gainst the aforesaid C: and A: his wife, &c. Therefore ac∣cording to the custome of this Mannor, used time out of minde. It is commanded to the under Ba••liffe of thi•• Man∣nor aforesaid, and the Officer of the foresaid Court, that he should summon by good summoners, the aforesaid C: & A: that they should be before the suitors of the Court afore∣said, the next Court of the Mannor aforesaid, the Tuesday such a day, held at the Mannor aforesaid, to answer to the aforesaid R: H: of the aforesaid Plea, &c. The same day is given to the aforesaid R: here, &c. To which truly next Court, came aswell the aforesaid R: H: as the aforesaid C: and A: by J: R: their Attorney, And the aforesaid Officer of the Court aforesaid, returned here in the Court, that that he by vertue of the command aforesaid to him di∣rected, had sunimoned the aforesaid C: and A: by good summoners, that is by J: D: and R: R: to be here at this Court to answer the aforesaid R: H of the aforesaid Plea, of the aforesaid one house: •• Cottages 20 Acres of Land, 20 Acre: of Meddow, and 20 Acres of Pasture with the appurtenances, as it was commanded him, &c.

And upon this the said R: H: demandeth against the said C: * 1.256 and A▪ the tenements aforesaid with the appurtenan∣ces, as his right and Inheritance, saying, that one W: H: was seised of the tenements aforesaid, with the appurte∣nances, in his demesne as of Fee, at the will of the Lord, according to the custome of the manner aforesaid, And so being seised, according to the custome of this Mannor,

time out of mind, used and allowed at the Court of the Mannor, held at J: within the precinct of the Mannor, the aforesaid Tuesday, next after the feast of P: the year of the Reign of our Soveraign Lady Queen Eliz: 22. by J.A. and T: P: deputy Bayliffes of the Mannor aforesaid, in the pre∣sence of T: C: T: S: R: L: J: M: Y: R. and J: B: are te∣nants of the Lord of the Mannor aforesaid, surrendred into the hands of the Lord, the tenements aforesaid, with the appurtenances, to the use and behoof of one M: then the wife of the aforesaid W: H: to be held for tearm of her life, and after the decease of the said M: the aforesaid Tene∣ments with their appurtenances, should wholly remain to one J: H. son of N: H: brother of the aforesaid W: H: and to the heirs of his body lawfully begotten, and for defect of such Issue of the said J: the aforesaid tenements with the appurtenances, should wholly remain to one E: H: daughter of the aforesaid W: to be held to her and her heirs of her Body lawfully begotten, and for defect of such Issue of the said E. the aforesaid tenements with the appurte∣nances, should wholly remain to the right heirs of the a∣foresaid W: H: and his heirs for ever.

By vertue of which surrender, the aforesaid M: was sei∣sed of the tenements with the appurtenances, in his de∣inesne as of freehold, at the will of the Lord, according to the custome of the Mannor aforesaid: in the time of peace, time of the aforesaid Queen Elisabeth, taken then the pro∣fits to the value &c. And from the said M. remained right by the form of the surrender aforesaid, according to the custome of the Mannor aforesaid, J: H: by which the said J: was seised of the tenements aforesaid, with the appur∣tenances in his demesne as of fee tayl, at the will of the Lord, according to the custome of the Mannor aforesaid, by forme of the surrender aforesaid, in the time of peace, in time of our Lord Edward late King of England the second, taking then the profits to the value &c. and from the said J: after the death of the aforesaid Elizab: (for that both of them, the aforesaid J. and E: dyed without heirs of their body lawfully begotten) the right remainder by the forme of the surrender aforesaid, according to the custome of the Mannor aforesaid, to the said R: H: which now de∣mands, that is to say, as the son and heir of W: F: brother and heir of the aforesaid W: H: and therefore produceth this Suite.

Plaints of Mortdancester.

R. C: Complains against W: L: and E: his Wife of a Plea of Land, that is to say, of one house, 30 Acres of Med∣dow, and a 100 Acres of Pasture, with the appurtenances in J: within the Jurisdiction of this Court, and made pro∣testation to prosecute his complaint in forme and nature of a Writ of the Queens, Assise of the death of his Ancestor at the Common-law &c. And desired processe for that, to be made according to the custome of this Mannor, in form and nature of this Writ aforesaid, to be directed to the Bayliffes and Officers of this Court. And that the said Bayliffe and Officers by the command and precept of the Lord of this Mannor, * 1.257 and according to the custome of the said Mannor, should summon by good summons, twelve ho∣nest and lawfull men of the homage of this Mannor, at the next Court to be kept within the Mannor, ready to know by their Oath, if R: C: Father of the aforesaid R: was sei∣sed in his demesne as of fee, at the will of the Lord accor∣ding to the custome of the Mannor, the day that he dyed, of and in one house, 30 Acres of Medow, and a 100 Acres of Pasture, of customary Lands of this Mannor, with the appurtenances called C. within the jurisdiction of this Court; the day that he dyed, And if the said R. the father dyed within 50 years now last past, and if the aforesaid R: the son be the next heir of the aforesaid R: the father, and in the mean time they should view the Lands and Tene∣ments aforesaid. And that they should summon by good summoners, the aforesaid W: and E: which hold the said lands and tenements, that they should be here to hear the Recognitors, and should find sureties to prosecute their Suite aforesaid, J.D: R: R.

And late here at this Court came the aforesaid W: J: in his own person, * 1.258 and saith that the aforesaid R: father of the said complainant was not seised in his demesn as of fee, at the will of the Lord, according to the custome of this Mannor, day that he dyed, of the aforesaid house, and 30 Acres of Meddow, and a 100 Acres of Pasture with the ap∣purtenances in manner and forme, as by the aforesaid complainant is first supposed, and this he desires might be inquired by the Assise, and the said Complainant likewise.

Entry in the by, and to whom.

TO this Court came J: N: in his proper person, & com∣plaineth against T: M: of a Plea of Land, that is to say, of one house, one garden, and one Orchard with the appur∣tenances, and found sureties to prosecute his suit aforesaid that is J: D. and R: R. and doth protest to prosecute his suite aforesaid, of the aforesaid house, garden, and orchard, with the appurtenances in J: in nature and forme of a writ of entrance, of our Lady the Queen in the (by) and (to which.) Saying that the said house and garden with the appurtenances are his right and Inheritance, according to the custome of the Mannor aforesaid, and into which the aforesaid T: M: hath no entry but by El: late the wife of W: M: and the daughter of R: P: to which aforesaid R:P. and M: his wife, they demised, which since unjustly and without judgement, disseised R: N: by rem: of the said J: N: within 50 years last expired, &c. And desires pro∣cesse thereof to be made to him against the aforesaid T: M: according to the custome of the Mannor, therefore accor∣ding to the custome of the Mannor it was commanded, J: B: under Bayliffe of the said Mannor, and Officer of the Court aforesaid, that according to the custome of the Man∣nor aforesaid, he should summon by good summoners, the aforesaid T: M: that he should be here at the next Court, that is the fourth day of M. next comming, here to be held to answer to the aforesaid J: N: of the Plea aforesaid, &c. The same day is given to J. N: here, &c.

To this Court came A: B: Citizen and Mercer of L. * 1.259 in proper person, and complained against W: W: of a Plea of land, that is of one house, one garden, and one Acre of land with the appurtenances in J: held of this Mannor, by copy of Court Roll, of this Mannor, and made protestati∣on to prosecute his complaint aforesaid, in the Court a∣foresaid, in forme and nature of a Writ of one Lady the Queen of right Patent at the Common-law, according to the custome of the Mannor aforesaid, And found pledges to prosecute his complaint aforesaid, here in the said Court, that is J: D: and R: F: and desired processe there∣of to be made to him, against the aforesaid W: W: accor∣ding to the custome of the Mannor aforesaid, therefore ac∣cording to the custome of the Mannor aforesaid, it was commanded J: S: Bayliffe of the Mannor aforesaid, and

Officer of this Court, that he should summon the afore∣said W: W: so that he should be here at the next Court of this Mannor aforesaid, here, that is the Saturday the fourth day of J: to be held, to answer the aforesaid A: B: of the Plea aforesaid, and that he then have there the names of the summoners, and this precept. And the same day is gi∣ven to the demandant here, &c. And late, that is to say, to this Court came the aforesaid W: W: in his proper person, and in the full Court here gratis offered to answer to the aforesaid A: B: of the plea aforesaid by good summonitors, that is J: D: and R. R: according to the custome of the Mannor aforesaid, and upon this lately to this Court the a∣foresaid A: B: that is in proper person, came and deman∣ded against the said W: W: the house aforesaid, the garden and acre of land, aforesaid with appurtenances in J: afore∣said, held of this Mannor by Copy of Court Roll, as his right and inheritance, and whereof he saith, that he him∣self was seised of the tenement aforesaid with the appur∣tenances in his demesne as of see and right, according to the custome of the Mannor aforesaid in time of peace, in the time of our Lady the now Queen, taking the profits to the value, &c. And that so is his right, he offereth, &c. And the foresaid W: W: came and defendeth his right, when &c. and this seisin, of which seisin &c. As of fee and right &c. and especially of the tenements aforesaid with the ap∣purtenances and all &c. And puts himself upon the ho∣magers aforesaid of our Queen of this Court aforesaid, ac∣cording to the custome of the Mannor aforesaid, and de∣sires an acknowledgment to be made, whether he hath more right to hold the tenements aforesaid with the ap∣purtenances, as he holds, or the aforesaid A. B. to have the aforesaid tenements with the appurtenances as he a∣bove demandeth, &c. And the aforesaid A: B: demandeth license to consider thereof till the 11th. houre before noon of the same day, and had it, &c. And the same houre was given to the aforesaid W: here, &c.

And after the said A: B: returned here into the Court, the self same day at the aforesaid houre in proper person, and the aforesaid W: W: though he were solemnly warned, came not, but in contempt of the Court departed, & made default, therefore according to the custome of the Mannor aforesaid, It is considered by the Court that the aforesaid A: B: should recover his seisin against the said W: W: of the

tenements aforesaid with their appurtenances according to the custome of the Mannor aforesaid, to hold to the said A: B: and his heirs according to the custome of the said Mannor, quiet from the said W: W: and his heirs for ever, and the said W:W: in the mercy &c. And now to this Court the Lord, in execution of judgment, and recovering afore∣said by his Steward, granted to the aforesaid A: B: of the Tenements aforesaid with the appurtenances, seisin to hold to him and his heirs and assignes by the Rod, at the will of the Lord according to the custome of the mannor, and made to the Lord then fine and fealty, and then was admitted Tenant.

And after, that is to say, at the same Court, the aforesaid A: B: then present came, and the aforesaid W: W: surren∣dred into the hands of the Lord, the tenement aforesaid with the appurtenances, to the use and behoofe of the foresaid A: B: his heirs and assignes for ever, and further, the aforesaid W: W, remised and released, and altogether for him and his heirs for ever quite, claimed to A: B: his heirs and assignes in their full and peceable possession, and seisin, day at the making of these presents, according to the custome of the said Mannor, of and in the tenements a∣foresaid, with their appurtenances, the whole right, title, state, claim, interest, or demands whatsoever, which he e∣ver had, hath, or any way hereafter may have, of or in the tenements aforesaid with their appurtenances, or in any parcell thereof; so that neither the aforesaid W.W. nor his heirs, or any other of them any right, title, state, claim, in∣terest, or demand of, or in the Tenements aforesaid, with their appurtenances, nor in any parcel of them from hence may challenge, claim or pretend unto, nor shal do hereafter but from all action of the Law, title, claim, use, interest and demand thereof, be for ever excluded, and every of them excluded for ever by these presents, And further the said W:W. granteth for him and his heirs, that he will warrant the tenements aforesaid with the appurtenances to the a∣foresaid A: B: and his heirs, against all men for ever.

To this Court &c. came W.T: son and heir of W: T: * 1.260 dead and is admitted tenant by the rod of one Feild called C: containing by estimation 8 Acres of medow with the ap∣purtenances in J: aforesaid whether more or lesse, with the appurtenances to have to him and his heirs at the will of

the Lord, according to the custome of the Mannor afore∣said, and paid to the Lord for his entrance so had, &c. and made his fealty, &c.

And after to the same Court came the said W: T: and surrendred into the hands of the Lord, in the same Court aforesaid, the feild called C: containing by estimation 8 a∣cres of meddow, either more or lesse, lying in J: aforesaid with the appurtenances, whose western part abouts upon a certain way called K: and the northern head thence abut∣ting upon a close late S:W: to the use and behoof of M:M: and his heirs for ever, and upon this came the aforesaid M: M: and desired of the Lord in the same Court to be ad∣mitted tenant to the aforesaid 8 acre; of meddow with their appurtenances, to have and to hold to him and his heirs for ever, at the will of the Lord, according to the cu∣stome of the Mannor aforesaid, making and rendring there∣of rent, services, and customes, before due and accustomed, to whom the Lord by his Steward, granted seisin thereof, by the Rod, at the will of the Lord, according to the cu∣stome of the Mannor aforesaid, and payd to the Lord for a fine for such an entrance, for him to have 53s. 4d. and made to the Lord fealty, and then was admitted tenant.

And after, that is to say, to the same Court came R. M. and W. M. and complained against the aforesaid M. M. of a plea of land, that is of the aforesaid 8 acres of meddow, and made protestatiou to follow the complaint, in forme and nature of a Writ of the Queens, of entring upon dis∣seisin in the post, and upon this the aforesaid R. and W.M. in their proper persons, demand against the aforesaid Mi∣chall M. the aforesaid 8 acres of meddow with the appur∣tenances in J. within the jurisdiction of this Court, as their right and inheritance, and into which the said M. M. had no entrance, but after disseisin, which H. H. thereof, and without judgment made to the aforesaid R. and W. within 30 years last past &c. And whereof they say that they were seised of the aforesaid 8 acres of meddow with the appurtenances in their demesne as of fee, and right, at the will of the Lord, according to the custome of the Mannor aforesaid, taking the profits thereof to the value, &c. and in which &c. and so bring their suit, &c.

And the aforesaid M.M. in his proper person comes and defends his right, when, &c. and called into warranty the

aforesaid W.T. which is present here in Court in his pro∣per person, and willingly, the aforesaid eight Acres of Meadow, with the appurrenances, did warrant unto him, &c. and upon this, the aforesaid R. and W.M. do desire against the said W.T. Tenant by his warranty, the afore∣said eight Acres of Meadow, with the appurtenances in his Demesne, as of Fee and Right, at the Will of the Lord, according to the custome of the Mannor aforesaid, in the time of Peace, in the time of the Queen that now is, taking the profits thereof, to the value, &c. and in which and, &c. and thereof bring their Suit, &c.

And the aforesaid W.T. Tenant, by the warranty, de∣fendeth his Right, when, &c. and further then calls to warranty C.D. which likewise is present in Court, in pro∣per person, and gratis the aforesaid eight Acres of Mea∣dow, with the appurtenances to him, doth warrant, &c. and upon this, the said R. and W.M. do desire against the said Christopher, Tenant to the warranty, the aforesaid eight Acres with the appurtenances, whereof they say, that he himself was seised of the said eight Acres of Mea∣dow, with the appurtenances in his Demesne as of Fee, and Right, at the will of the Lord, according to the custome of the said Mannour, at the said time, in the time of Peace, in the time of our Lady the Queen, now, ta∣king the profits thereof, to the value, &c. and in which, &c. and therefore bring their Suit, &c

And the said R. and W.M. desire Licence of talking to∣ther, and had it, &c. and after the said R. and W.M. retur∣ned here into the Court, to the same Court in their pro∣per persons, and the aforesaid T. though he were solemnly summoned returned not, but in contempt of the Court departed and made default, therefore it is granted that the aforesaid R. and W.M. should recover their Seisin against the said M. M. of the aforesaid eight Acres of Meadow, with the appurtenances, &c. and that the said M.M. should have of the Land of the aforesaid W.T. to the value, &c. and that the said W.T. further should have of the Land of the aforesaid C.D. to the value, &c. and the same C. in the mercy, &c. and upon this, the afore∣said R. and W.M. do desire a Precept to give to them full Seisin of the aforesaid eight Acres of Meadow, with the appurtenances to be directed to an Officer of the a∣foresaid

Court, and it was granted to them retrunable here immediately, &c. and afterwards, tha is to say, the first of Aprill, came here into the Court, the aforesaid R. and W. M. in their proper persons, and the Office of the Court, that is to say, R.W. and certified the Court aforesaid, that by vertue of the Precept aforesaid, to him so di∣rected, the said first day of April, he made to have to the aforesaid R. and W.M. full seisin of the aforesaid eight A∣cres of Meadow, with the appurtenances, as by the Precept aforesaid, he was commanded, &c.

And after, that is to say, at the very same Court, the aforesaid R. and W. M. and the aforesaid W. T. then beeing present, came and surrendred into the hands of the Lord, in the same Court, the aforesaid eight Acres of Meadow, with the appurtenances, to the use and behoof of the a∣foresaid M. M. his Heires, and Assignes, to whom the Lord by his Steward aforesaid, granted then Seisin by the Rod, to have and hold to him and his Heirs, at the will of the Lord, according to the custome of the Mannour aforesaid, &c. and further the aforesaid R. and W. M. and W.T. remiswed, released, and altogether for them and their Heirs, for ever quite claimed to the aforesaid M:M. his Heirs, and Assigns in his full and peaceable possession, and Seisin, appearing in the full Court, all the Right, Title, State, Claim, Interest, or demands whatsoever, which they ever had, have, or any way hereafter may have, of, or in the aforesaid eight Acres with the appurtenances, or in a∣ny parcell thereof, so that, that neither the aforesaid R. and W.M. and W.T. nor their Heirs, or any of them, any Right, Title, State, Claim, Interest, or demand, of or in the aforesaid eight Acres of Meadow, with the Appur∣tenances, or in any parcell thereof, &c. nor ought here∣after, but from all Action of the Law, Title, claims, U∣ses, Interest, and demands, from thence to be demand∣ded, are excluded, and every of them is excluded for e∣ver by these presents, and further the aforesaid W.T. grants for him an his Heirs, that they will warrant the aforesaid eight Acres of Meadow, with the appurtenances, to the aforesaid M.M. and his Heirs, against all men for ever, &c.

4. H. 8. Tit. Recovery in value, 27 in Fine, and 23 H. 8. Tit. Recovery in value, 27. Recovery against the

Husband and wife, where the wife is Tenant in Tail, and they vouch over, and the Demandant recovers against the Husband and wife, and they over in value, this seems shall bind the Tail, and the Heire of the wife.

23 H. 8. Title, Tail, 32. Double voucher, in Entrie in the Post, barrs the Tail, because of the recompence, but single voucher shall not barr, but the Estate Tail which he had time of the Recovery in possession; but if he were in of another Estate, time of that Recovery it is no Barr.

23 H. 8. Tit. Recovery in value 27. Entrie in the Post against Tenant for life, to bind the Fee in Reversion, Te∣nant ought to pray aid of him in remainder, and they ought to vouch.

25 H. 8. Tit. Recoverie in value, 33. where Tenant for life vouches a stranger, and the Demandant recovers, and he over in value, this shall not go to him in Reversion, and shall not bind him.

27 H. 8. Tit. Recovery in value 28. Tenant in Tailremain∣der over Entrie in the Post, gainst Tenant in Tail and he vouches over, this is a recompence, and shall barr the re∣mainder.

Pleas in Court Baron. Count upon Lending.

J.S. complains against T.D. in a Plea of Debt, of thirty Shillings four pence, for that, that is to say, &c. and thereof the same J.S. by W. T. his Attorney saith, that when the aforesaid T.D. tenth day of February, the year of the Reigne of Elizabeth now Queen of England twentieth, at Islington, within the Jurisdiction of this Court, borrowed of the aforesaid J.S. the aforesaid thirty shillings four pence, to be paid to the sald J.S. when he was required, notwithstanding the aforesaid T.D. though he hath been often required, the aforesaid thirty shillings and four pence, hath not restored it to the said J.S. but to him to pay them as yet hath denied, and yet doth denie, upon which he saith that he is damnified, and hath losse to the value of ten shil∣lings, and thereof bringeth his Suit.

Form of a Plaint in a Court Aaron upon buying of Oyland Madder, &c.

G.B. complaineth agrinst R.C. in a Plea of Debt thir∣ty Shillings four pence, for that, that is to say, that when the aforesaid R.C. eleventh day of April, the year of of the Lord, 1540. at J. within the Jurisdiction of this Court, bought of the said G. B. fourteen gallons of oyl, called Meat oyl, for fifteen Shillings and three pence, one Hundred of Madder for fifteen shillings & a penny, to be paid to the said G.B. when he should be required, which truly in all doth amount to the sum of the aforesaid thirty Shillings four pence; notwithstanding the afore∣said R.C. although he hath been often requested the said thirty Shillings four pence, to the said G.B. hath not re∣stored, but that to him as yet to restore, hath denied, and yet doth denie, by reason whereof, he is the worse, and hath losse to the value of ten Shillings, and therefore bringeth his suit, &c. and the foresaid R.G. by J.A. his Attorney comes and defends the force and injury, when, &c. and saith, that he doth not owe to the aforesaid G.B. the aforesaid thirty Shillings and four pence, nor any pen∣ny thereof, in Form, in which the said G.B. complains a∣gainst him, therefore it is considered, that the said R.C. should wage his Law, and put in two Sureties for the Law, J.M. and R.J. and should come with his Law here, at the next Court, in proper person, and it is said to the a∣foresaid Attorney, of the aforesaid R. T. that then he should have here the said R.C. his Master, in his proper person, to finish his Law aforesaid, &c.

Plaint for accusing a man of Pelony, and imprisoning him.

T.H. complaines against S. D. for that, that is to say, that when the said Complaint a true and faithfull Liege-man and Subject of our Lady the Queen now, and of her Progenitors of the Kingdom of England, from the time of his Birth did appear, alwayes, and as a true Liege∣man of our said Lady the Queen, and all her Progeni∣tors aforesaid, from all the time aforesaid, without any Crime of Theft, stealing, Felony, or any other notorious Crime whatsoever, from the time of his Birth hitherto, hath carried, had, and kept himself, and so with all honest

men was reputed and accounted, by reason of which name of Honor, Fame, and Coversation, the same Com∣plainant much and great gain and profit to the mainte∣nance of his Living did get and had: the foresaid De∣fendant notwithstanding not ignorant of the Premises, the eighteenth Day of July, the year of the Reign of our Lady Elizabeth, the sixth at J. within the Jurisdiction of this Court, out of his meer malice, and ill minde, threat∣ning and envying the good Report, Living, Degree, state, and condition of the said Plaintiff, and to blot it, and to bring the Complainant into an ill name, and Dan∣ger of his Life, as much as in him lay, spoke certain false, malicious, and scandalous words of the aforesaid Com∣plainant, and did publish and openly say, that T. H. (meaning the said Complainant) hath robbed me of forty pounds of money, by reason of which scandalous and false words, proclaiming and publishing, the said Plaintiff not onely in his good name and same, for which afore∣time he was know and reputed, with many honest men, and cheifly with J.A. Inholder, greatly hurt and wronged he did appear, and did incurr and fall into great Infamy and Discredit with the said J. H. and many other of the said Queens now, faithfull Subjects. Likewise W. G. and W. C. the Constables of L. aforesaid, by reason of an ill opinion by them conceived, by reason of the said Scan∣dall against the foresaid Complainant, published then by reason of the open speaking of those words, that the fore∣said Complainant was guilty of the Felony aforesaid, afterwards, that is to say, the eighteenth Day of July, they took the Complainant, and imprisoned him in a Pri∣son of the said Queens, called, &c. Scituate, &c. In which Prison the said Plaintiff from the said eighteenth Day of Iuly, till the twentieth Day of the same Moneth of Iuly for the cause aforesaid was detained, which twentieth Day of Iuly the Plaintiff from the said Prison to the Pri∣son, &c. of the said Queens in, &c. Scituate, &c. was re∣moved, and then, and there imprisoned, and in prison from the said twentieth Day of Iuly, till the eight and twenty Day of the said Moneth of Iuly, for the said cause was detained so that the same Plaintiff, not onely suffered and sustained great Cost and Charges by the occasion of his Restraint and Imprisonment, but also lost wholly

many great profits and gaines, which of the said Subjects he might have gained for his maintenance and living, if the said scandalous and malicious words so openly pro∣claimed had not occasioned it, to the losse of the said Plaintiff, &c. three and thirty shillings and four pence, and thereof brings his Suit, &c.

Trespass, Plaint for walking with his Feet.

J.R. complaineth against T. B. that is to say, in a Plea why by force and armes, the Close of the said J. R. at D. he broke, and his Grasse to the value of five and thirty shillings and eight pence, there late growing, walking with his Feet trod down and spoiled, and other Injuries offered to him, to the great losse of the said J. R. and a∣gainst the peace of our Lady the Queen now, &c. and whereof the said J. R. saith, that when the aforesaid T.B. the seven and twentieth Day of Ianuary, in the year of the Reign of the said Queen now the fourth, by force and armes the Close of the said J. R. at D. broke, and his Grasse to the value, &c. there late growing, walking with his Feet, there trod down and consumed, and other Inju∣ries, &c. to the great losse, &c. and against the Peace, &c. whereof he saith, he is made worse, and damnified to the value, &c.

And the said T. in his proper person came, and defen∣ded the force and Injury, when, &c. and saith, that he in nothing is guilty of the Trespasse aforesaid, as the afore∣said J. above complaines against him; and of this puts himself upon the Countrey, the aforesaid Plaintiff like∣wise, &c.

Entry of the great Cape.

A. VVhich was the VVise of C. J. by A B. her Attor∣ney, offered her self to this Court against T. J. of a Plea of the third part of a House, and twenty Acres of Land, with the Appurtenances in J. which the same A. in this Court claimes as her Dowry, of the Gift of the afore∣said I. C. in times past her Husband, for that the Tene∣ments aforesaid are within this Lordship, and the VVo∣men, which after the Death of their Husbands of Tene∣ments

in J. aforesaid, being dowable, according to the Custome of the said Mannour time out of minde used, of the third part thereof, ought to be endowed, &c. and they came not, and summoned, &c. therefore by the Judge∣ment the third part of the aforesaid, with the Appurte∣nances, should be taken into the Lords hands, &c. and day, &c. they should be summoned, that they be here at the next Court, &c.

Precept of the great Cape.

J.K. Steward to the Bailiff thereof, health, take into the Lords hands, by the view of good and lawfull men of this Mannour, the third part of one House, and twenty Acres of Land, with the Appurtenances in I. which A. I. this Court, &c. doth claim against T. I. late of I. as the Dower of the said A. of the Gift of the aforesaid C. I. in time past her Husband, by a VVrit of Dower, whereof she hath nothing, by the default of 〈◊〉〈◊〉 said T. and the same taking certifie me of, and summon by good Summoners the aforesaid T. that he be here at the next Court, there to an∣swer, and to shew why he was not here at the last Court, as he was summoned, and have here the names of those by whom, &c. you made the Summons, witnesse, &c:

Entry of a small Cape.

T.Q. Esquire, and I. his VVife, by their Attorney of∣fered themselves the fourth day against A. B. of I. and A. his VVife of a plea of the third part of eight Mes∣suages, and eighty Virges of Land, with the Appurte∣nances in I. which the aforesaid T. and I. in this Court, claim as the Dower of the said I. of the Gift of G. S. in time past her Husband, against them, and they did not come, and had from thence day untill this day, that is to say, the tenth day, &c. after other they appeared here in Court, therefore by the Judgement the third part with the Appurtenances should be taken into the hands of the Lord, and they summoned, &c. that they be here in the day, &c. to hear their Judgement, &c.

Precipe of Summons upon a right Patent, &c.

J.K. Steward, to the Bailiff of the Mannour aforesaid, health, &c. I. S. complaines against I. D. in a plea of Land, and makes Protestation to follow the Suit, in the nature of a VVrit of our Lord the Kings, of a right Pa∣tent; and therefore I command you, that according to the Custome of this Mannour, you shall summon by good Summonitors the aforesaid I. D. to be here at the next Court, here to be held such a day, to answer in the Plea aforesaid, and have there this Precept, and how, &c. da∣ted, &c.

Precept upon Assise of Mortdancester.

J.K. Steward to the Bailiff of the Mannour aforesaid, health; because I. S. complaines as above, therefore I command you that y•••• summon by good Summons, 12. free and lawfull men Tenants of the foresaid Mannour, that they before me the aforesaid Steward at the next Court there to be held, that is to say, the Tuesday 19. day of Sep∣tember, next coming, at the hour of eight before noon of the same day, ready by their Oath to know, if T. S. Father of the said J.S. was seised in his Demesne as of Fee, of two Houses, and with the Appurtenances in D. within the Juris∣diction of this Court, the Day that he died, and if he died within forty years now last past, and if the said J.S. be his next Heir, and in the mean time let them view the said two Houses, and make their names to be entered, and summon by good Summoners the aforesaid J. and D. which now hold the aforesaid Houses and Lands, that then they be there to hear that Return, and have here the Summons, and this Precept, Dated, &c. under my Seal, &c.

To make to have Possession.

J.K. Steward, to the Bailiff thereof health, know that A. B. in the Court held such a Day, by the considera∣tion of the said Court recovered his Seisin against B. of eight Acres of Land with the Appurtenances in J. by Default of the aforesaid B. and therefore I command you,

that to the said A.B. you shall give a full Seisin of the Tenements aforesaid, with the Appurtenances, without delay, and have there this Precept, and how, &c. Dated, &c. the Day, &c.

Small Cape.

J.K. Steward to the Bailiff thereof health, we command you that you take into the hands of the Lord, by the view of good and lawfull men of this Mannour, one House with the Appurtenances, which A.B. in this Court claimes as his right against B. R. by Complaint of a For∣medon in Remainder, for Default of the said B. and make known the Day of the taking to me, at the next Court, and summon the said B. R. that he be before, &c. such a Day, there to answer, and to shew why he was not in this Court, before, &c. such a Day last past, as he was summon∣ed, and have there this Precept, and how, &c. Da∣ted, &c.

Notes

• * 1.1

  The begin∣ning of these Courts Leets or∣dained.
• * 1.2

  Court-ba∣rons or∣dained.
• * 1.3

  Roy Ley.
• * 1.4

  Plow. fol. 169. a.
• * 1.5

  Mannors cannot be without Court Ba∣ron.
• * 1.6

  Sur con∣nusance de Droit.
• * 1.7

  R. 2. Maint. 2.
• * 1.8

  Prebenda de Isling∣ton.
• * 1.9

  Prebenda de Isling∣ton. Order de tenor Leet.
• * 1.10

  B. Procla∣mation 6.
• * 1.11

  The Oath of the Ju∣ry.
• * 1.12

  In Feloni tantum.
• * 1.13

  Jurors Leet.
• * 1.14

  Jury, or Court Ba∣ron.
• * 1.15

  Rastal, County, &c. 2.
• * 1.16

  Rastal, Leet 1.
• * 1.17

  Justice.
• * 1.18

  27. H. 8. fol. 2.
• * 1.19

  Rast. In∣dictment, 2.
• * 1.20

  Treasons.
• * 1.21

  Counter∣feit Mony.
• * 1.22

  Scale.
• * 1.23

  Clipping.
• * 1.24

  Kill his Master.
• * 1.25

  Wife, Hus∣band.
• * 1.26

  Felonies.
• * 1.27

  Murder.
• * 1.28

  Man-slaughter.
• * 1.29

  Se defen∣dendo.
• * 1.30

  Rape.
• * 1.31

  Burglary.
• * 1.32

  Robbery.
• * 1.33

  Burning of a house
• * 1.34

  Robbing Churches.
• * 1.35

  Theft.
• * 1.36

  Rescous.
• * 1.37

  Taking Doves.
• * 1.38

  Young Pi∣geons.
• * 1.39

  Fishes.
• * 1.40

  Deere.
• * 1.41

  Receiver.
• * 1.42

  Felons by the Com∣mon Law
• * 1.43

  Accessary.
• * 1.44

  Scape.
• * 1.45

  Petty lar∣ceny.
• * 1.46

  Ra. f.
• * 1.47

  Deciners.
• * 1.48

  Pledges.
• * 1.49

  The age twelve yeares.
• * 1.50

  Villains.
• * 1.51

  Customes.
• * 1.52

  Anoyances
• * 1.53

  Wages.
• * 1.54

  Trespasse.
• * 1.55

  Pound.
• * 1.56

  Ill mem∣bers for a Common∣wealth.
• * 1.57

  Deceit of Artificers. False Weights.
• * 1.58

  Double pounds.
• * 1.59

  Assise of Bread.
• * 1.60

  Tiplers.
• * 1.61

  At reason∣able pri∣zes.
• * 1.62

  Butchers.
• * 1.63

  Inkeepers.
• * 1.64

  Mills.
• * 1.65

  Artificers
• * 1.66

  Misde∣meanour de Officers
• * 1.67

  Purveyors
• * 1.68

  For the Office of the King and Lord.
• * 1.69

  Estrey.
• * 1.70

  Weife.
• * 1.71

  Fugitive.
• * 1.72

  Scabbed Chivall.
• * 1.73

  Outlawry
• * 1.74

  Common Fine.
• * 1.75

  2 Edw. 6. chap. 15.
• * 1.76

  33 H. 8. chap. 6.
• * 1.77

  5. Eliz. chap. 21.
• * 1.78

  Noble men.
• * 1.79

  5 Eliz. ch. 13.
• * 1.80

  8 H. 7. fol 8.
• * 1.81

  18 Eliz. chap. 9.
• * 1.82

  Wardens of the Church.
• * 1.83

  33 H. 8. chap. 13.
• * 1.84

  Deceit in Artificers.
• * 1.85

  Profits for the King, and some for the Lord.
• * 1.86

  Petty Treason.
• * 1.87

  Fellonies.
• * 1.88

  Rape.
• * 1.89

  Felonies.
• * 1.90

  Death.
• * 1.91

  Trespasse.
• * 1.92

  Age of 12 yeares not sworne.
• * 1.93

  Purpre∣sture & Nusance. Laborers.
• * 1.94

  The way.
• * 1.95

  Nusance.
• * 1.96

  The way.
• * 1.97

  Bridges, waters.
• * 1.98

  Nusance.
• * 1.99

  Turne of the Sheriff.
• * 1.100

  Nusance.
• * 1.101

  Bread and Beere. False measures. Mortmain
• * 1.102

  Tanner.
• * 1.103

  Takers of the King. Night∣walkers. Weifes.
• * 1.104

  Taverne.
• * 1.105

  Rastal, forfeiture 14.
• * 1.106

  Residents.
• * 1.107

  Rast. Coun∣ty 2.
• * 1.108

  8 H. 7: fol. 6.
• * 1.109

  Purpre∣stures.
• * 1.110

  Rastall. Bankes 2. Bridges. Rastall. Bridges 1.
• * 1.111

  2 Ed. 4. fol. 9.
• * 1.112

  Way.
• * 1.113

  Ras. High waies 6.
• * 1.114

  Waies.
• * 1.115

  Leet.
• * 1.116

  Rastall, Indict. 1.
• * 1.117

  Rastal, Armor, 4.
• * 1.118

  Rastal, Robberies 4.
• * 1.119

  Rastal, Vag. 5.
• * 1.120

  Rastall, Vag. 5. Rastall, Arch. 2.
• * 1.121

  Rastall, Pass. 8.
• * 1.122

  Rastall, Vag. 2. Rastall, Vag. 9.
• * 1.123

  Rastall, Rob. 2.
• * 1.124

  Prebend of Isling∣ton.
• * 1.125

  Essoyne.
• * 1.126

  Sworne for the King.
• * 1.127

  Present∣ment for the Queen.
• * 1.128

  Pettie Treason.
• * 1.129

  Felony in burning a house.
• * 1.130

  Felon.
• * 1.131

  Accessary.
• * 1.132

  Rape.
• * 1.133

  Felon breaketh a house.
• * 1.134

  Robbery.
• * 1.135

  Hue and Cry.
• * 1.136

  Made flight.
• * 1.137

  Escape••
• * 1.138

  Felony.
• * 1.139

  Felony of Pigeons.
• * 1.140

  Felony of a Trunk broken.
• * 1.141

  Petty Theivery.
• * 1.142

  Sell in the Church∣yard.
• * 1.143

  Chattels waived.
• * 1.144

  Common Fine.
• * 1.145

  Deciners which make de∣fault.
• * 1.146

  Not sworn in Deciner.
• * 1.147

  Noyance of Water.
• * 1.148

  Boughs hindring.
• * 1.149

  Noysance of a Gut∣ter.
• * 1.150

  Common way.
• * 1.151

  Nusance of Dung.
• * 1.152

  Nusance of a Ditch
• * 1.153

  Bawdy∣house.
• * 1.154

  Scold.
• * 1.155

  Trespasse.
• * 1.156

  Constable default.
• * 1.157

  Aletaster default.
• * 1.158

  Common Apprisors default.
• * 1.159

  Searcher of the Victuals.
• * 1.160

  Scaven∣gers de∣fault.
• * 1.161

  Estrayes.
• * 1.162

  Bakers.
• * 1.163

  Brewers.
• * 1.164

  Alehouse keepers.
• * 1.165

  Paine set.
• * 1.166

  Punish∣ment.
• * 1.167

  Pain.
• * 1.168

  Pain.
• * 1.169

  Pain.
• * 1.170

  Essoyne.
• * 1.171

  The Ho∣mage.
• * 1.172

  Coparce∣ners. Joynt-Tenants.
• * 1.173

  Rastal. Suit. 1.
• * 1.174

  Ward Releif.
• * 1.175

  Rent not paid.
• * 1.176

  Lands concealed
• * 1.177

  Villaine.
• * 1.178

  Escheat.
• * 1.179

  Common.
• * 1.180

  Rechasing
• * 1.181

  Mort∣maine.
• * 1.182

  Who is Tenant.
• * 1.183

  Waste.
• * 1.184

  Trespasse.
• * 1.185

  Trespasse.
• * 1.186

  Rescous.
• * 1.187

  Pound breach.
• * 1.188

  Remove∣ing meer∣stones.
• * 1.189

  Encroch.
• * 1.190

  Husban∣dry.
• * 1.191

  Rast. Husb. 1. and 6.
• * 1.192

  Common.
• * 1.193

  Evidence of the Lord.
• * 1.194

  Punish∣ment.
• * 1.195

  Coppy-holder.
• * 1.196

  Suit to the Mill.
• * 1.197

  Rast. Assi. 17.
• * 1.198

  Rastall, Inrolment 2.
• * 1.199

  Jurisdi∣ction 117 Suitors.
• * 1.200

  Prebend of Isling∣ton, At∣tachment.
• * 1.201

  Quere.
• * 1.202

  Chancel∣lor.
• * 1.203

  Suitors.
• * 1.204

  Steward.
• * 1.205

  Steward.
• * 1.206

  Suitors Judges.
• * 1.207

  Heire.
• * 1.208

  Dower.
• * 1.209

  Heire.
• * 1.210

  Heire.
• * 1.211

  Heire.
• * 1.212

  Clivenor.
• * 1.213

  Dower.
• * 1.214

  Surrender
• * 1.215

  Waste.
• * 1.216

  Lease.
• * 1.217

  Harriot.
• * 1.218

  Fine.
• * 1.219

  Ward.
• * 1.220

  Workmen.
• * 1.221

  Releife.
• * 1.222

  Dower.
• * 1.223

  Rastall, Escheat 15.
• * 1.224

  Rastall, Debt, 5.
• * 1.225

  Rastall, execution 5.
• * 1.226

  Rastall, Wills 23.
• * 1.227

  Rastall, Ward 13.
• * 1.228

  Rastall, Ward 3.
• * 1.229

  Rastall, Escheat, 15.
• * 1.230

  Rast. Non-tenure 1.
• * 1.231

  Rastall, Uses 7. Rastall, Fraud 1. Covin.
• * 1.232

  Rastall, Suit. 1.
• * 1.233

  Rastall, County 2.
• * 1.234

  Rastall, Attorney 4.
• * 1.235

  Rastall, Attorney 1.
• * 1.236

  Rastall, Treason 12, 19.
• * 1.237

  Rastall, Recove∣ries. 4.
• * 1.238

  Rastall, Proclam. 3.
• * 1.239

  Rastall, Fines 9.
• * 1.240

  Visus in Curia.
• * 1.241

  Prebend of Islington.
• * 1.242

  Essoyne. Homagers.
• * 1.243

  Default of the Free∣holders.
• * 1.244

  Des: Te∣nants by Copie of the Rol••.
• * 1.245

  Death.
• * 1.246

  Alienation.
• * 1.247

  Legacie.
• * 1.248

  Surrender.
• * 1.249

  Surrender taken by the Ste∣ward.
• * 1.250

  The death of a Co∣heir.
• * 1.251

  Surrender in Court.
• * 1.252

  Death.
• * 1.253

  Encre•• ment.
• * 1.254

  Re••••ous.
• * 1.255

  Formedon in Remain∣der.
• * 1.256

  Count.
• * 1.257

  Where all are Copi∣holders.
• * 1.258

  Bar.
• * 1.259

  Common Recovery in a Right Patent.
• * 1.260

  Common recovery in entry in the Post.