¶ An exposition of the kings prerogative collected out of the great abridgement of justice Fitzherbert and other old writers of the laws of England by the right worshipful sir William Staunford Knight, lately one of the justices of the Queen's majesties court of common pleas:  
Whereunto is annexed the Process to the same Prerogative appertaining. 1567.   

To the right honourable sir Nicholas Bacon knight, lord keeper of the great seal of England: Richard Tottel wisheth health and long life, with increase of honour.  
NOt long sithence, right honourable, and my especial good Lord, there was delivered to me A collection of the kings prerogative, which Master Staunforde had gathered and dedicated unto your honour: which work because it is thought well of by the Sages of the law, and well worthy to be printed, I am therefore the bolder to put it in print, and publish the same. And although the said Master Staunforde very shortly after that he had dedicated the same book unto your Lordship, were for his wisdom, gravity, learning, integrity, & sincere dealing, advanced to be a judge in the chief Court of this Realm for common pleas, and for his good service therein was by just desert made knight, and albeit that your Lordship also sithence that time have achieved the place, title and degree of high honour by the judgement & calling of the Queen's most excellent majesty: Yet I have printed the Epistle dedicatory of the said work, in the same terms that the Author thereof used, and with the same style that your honour, and he both than had, when he dedicated the said work unto your Lordship, as a Monument and token of the mutual & long continued amity between you: most humbly praying your Lordship to accept in good part, according to your accustomed goodness, this my boldness with your honour, and to pardon the same.  
This 20. day of November. Your honours most bounden Richard tottel.   

¶ Guilielmus Staunfordus Nicholas Bacono Regie Maiestati a Tutelarum procuratione. S. D. P.  
QVanquam Anglicanae leges (amice singularis) haud minorem merentur laudem, quam judex Fortescueus libro de earum laudibus conscripto, eye tribuere videtur: tamen quoniam earum cognitio tam procul nobis dissita sit, profectio ad eam tam supra modum longa ac operosa, tum viae et semitae tam asperae, tam salabrosae, tam inamaenae sint, ut ad sui aditum paucissimos invitet, quam plurimos ab sterreat, vel potius avertat: Optarem in tanta iurisperitorum turba: quam Anglia nunc habet, aliquid excogitari posse, levandis legum Studiosis, prolongo isto ac molesto itinere.  propiore ac commodiore via ducti, valerent et proficiscendo & absoluto itinere, alias degustare literas: quibus, non solum legalem scientiam multum illustrarent, sed et munia eye a Regia Maiestate mandata, tum pulchriûs, tum honorificentiús, administrarent. Id quod (meo judicio) commodissimê fieri possit, si tituli, in magna (quam vocant) Fitzherberti Epitome, vel a judicibus nostris, vel ab aliis legum peritis, sedulo forent evoluti atque elaborati, hoc est, omni titulo, in classes ac ordines distributo, singulis eorum actis ac causis, certae legum regulae ac Maximae presiderent. Exempli gratia. In Brevis titulum cadere possunt hec videlicet, Forma, vitiosa Nomendatura, seu personae, seu vici, Eadem res bis petita, Obitus vel actoris vel rei, Nominis alterutrius partis pendente lite mutatio, ceteraque huiusmodi quae nunc nimis longo titulo spersa tam tumultuarie reperiuntur: ut multo maiorem tum eruditionem, tum sudores, tum vigilias, exigat eorum distributio, quam rectê distributa ediscere. Et tamen non possum committere, quin tantae epitomes scriptorem: vel amplissimis laudibus veham, qui súma sua doctrina, exactissimo judicio, immensis ac pene dixerim exanclatis laboribus, tam numerosam voluminum multitudinem, quibus vel legendis vix unius hominis aetas (quantumlibet vivacis) sufficeret: in unum dumtaxat volumen atque adeo epitomen contraxit, ut nunc nostratibus iurisperitis modo volentibus minima opera componere liceat: quippiam, tam facile, tam utile, tam frugiferum: unde studiosi dimidiato tempore quo antehac legibus obdormire sint visi: cum maturiorem, tum certiorem noticiam assequerentur, Quo nomine: rei mihi tam vehementer expetitae: typum quendam pro posui, ac quasi primas inde lineas duxi, Recipiens ad me, huiusmodi pndictorum titulos: qui Regiam prerogativam spectant: non quod sum aliqua ex part dignus, rem tam eximiam, tamque sublimem tractare: nec quod eruditione id prestare valeam: Siquidem de meo, nihilo plus hic est, quam collectio ac dispositio tantum earum rerum, quae eisdem titulis includuntur: Sed magis quod istud meum commentitium, qualecunque sit, tibi semper destinaveram, id quod in nullum alium preter hunc titulum, commodè experiri potui, tum quod ad magistra tum tuum Regij procuratoris tutelarum, maxime partinere videbatur, tum quod compertum habeo, te iurisprudentiae incumbentem, hunc quem proposui morem hactenus obtinuisse: quod fecit, ut reliquos tuos contemporaneos eruditione: multis stadijs precurras: tum denique quod tuum judicium super hisce rebus in quibus assiduè versaris ac exercitaris requiro. Certus me hic rem habere cum homine tam amico, ut si quid lectione dignum invenerit: id pergratè sit accepturus, sin minus, certè aequi bonique consulturus, reliquum quod habet vitij: emendaturus, aut saltem ad id coniuere velle confido. Proinde istud, quicquid est, tibi nuncupo, lege, ac pro tua voluntate fruere.  
Vale.   

To the right worshipful and his singular friend Nicholas Bacon the kings Attorney of his court of wards and Livereys William Staunford wisheth health, long life and prosperous success.  
ALbeit the laws of England right singular friend are worthy no less honour, praise and commendation, than justice Fortescue in his book written of the praises thereof doth attribute and give unto them, yet forasmuch as the knowledge of the said laws is placed so far of, the journey thereunto so exceeding long and painful, & the ways and paths so rugged and unpleasant: I would wish that amongs such plenty of learned men as be at this day some thing were devised to help the students of their long journey that they (being led a more near & pleasant way) might both as they went and after they came to their journeys end gather some other knowledge, not only therewith to garnish their own science, but also the better to serve in such honourable room as they be called to serve the king and sovereign lord in, which thing might well come to pass after my poor mind, if such titles as be in the great abrigement of justice Fitzherbert were by the judges or some other learned men laboured & studied, that is to say, every title by itself by special divisions digested, ordered and disposed in such sort as that all the judicial acts and cases in the same might be brought & appear under certain principles, rules and grounds of the said laws. As for example, under the title of Brief might come these titles, Form, Misnaming of the person, misnaming of the town, One thing twice demanded, death of the plaintiffs side, death of the defendant's side, changing of the name of the plaintiff or defendant hanging the suit, with many such other like which now as things scattered abroad and out of orderly hidden within the said long title that it requires much more learning, pains and Study well to order and dispose the matter in the same, than (after order made) to learn and bear it away. And yet surely there cannot be to much praise and commendation given unto that great learned man the Author of the said great abridgement, which by his great learning, exact judgement and intolerable pains, brought such an infinite number of volumes (to the reading whereof A man's life would scant have sufficed) to a much more less and narrower compass, whereupon now these learned men with less pains might compile the thing that should be so easy so profitable and fruitful to the students thereof, that in half those years they now lie sleeping in, they might come to a riper and more certain knowledge and better judgement: For which cause I have drawn as it were a pattern of the thing I so much desire taking upon me such titles as appertain unto the kings prerogative, not as one in any part worthy to treat of a thing so high & precious as that is or in learning sufficient or able thereunto (for of mine own here is nothing more than only a collection and disposition of that that is already contained in the said titles) but rather because I have always meant this my devise unto you, which I could not do or practise so well upon any title as upon this that appertaineth unto your office of Attourneyshippe of the wards and liveries, partly for that I know yourself to have observed the like order in your own Study, which in few years hath gotten you above other the great learning you have, partly also for that I covet your judgement in these matters wherewith you be daily in ure and exersised, knowing that I have to do herein with one so much my friend that if there be any thing worthy the reading he will take it thankfully, and if not so, well, yet will he take it in good part, the rest that is amiss he will bear it with me. This therefore what soever it be I dedicate unto you, read it, peruse it and make of it what you will. Far you well, from Greis Inn the sixth of November. Anno. 1548.   

¶ Prerogativa regis, edita, Anno. 17. E. 2.  

Cham 1.  
DOminus Rex habebit custodiam omnium terrarum eorum qui de ipso tenent in capite per seruicium militare de quibus ipsi tenentes fuerunt seisiti in dominico suo ut de feodo die quo obierunt de quocunque tenuerint per huiusmodi seruitium dum tamen ipsi tenuerunt de rege aliquod tenementum ab antiquo de corona usque ad legittimam aetatem heredis: Exceptis feodis Archiepiscopi Cantuariensis, Episcopi dunolm̄ inter Tine et Tese, feodis Com̄ et Baronum de marchia de terris in marchia ubi brevia domini regis non currunt. Et unde predict' archiepiscopus, epus Com̄ et Baron habeant huiusmodi custodiam licet alibi tenuerunt de Rege.  
Prerogativa is as much to say as a privilege or pre-eminence that any person hath before another which as it is tolerable in some, so it is most to be permitied and allowed in a prince or sovereign governor of a realm. For besides that, that he is the most excellentest & worthiest part or member of the common body of the wealth, so is he also (through his good governance) the preserver, nourisher, and defender of all the people being the rest of the same body. And by his great travails study and labours they enjoy not only their life's lands and goods, but all that ever they have beside in rest peace and quietness, as Seneca sayeth: 
Seneca de consolat ad Polibium  Omnium domos illius vigilia defendit, omnium ocium illius labour, omnium delicias illius industria, omnium vacationem illius occupatio. For which cause the laws do attribute unto him all honour, dignity, prerogative and pre-eminence, which prerogative doth not only extend to his own person, but also to all other his possessions goods and chattels. As that his person shallbe subject to no man's suit, his possessions cannot be taken from him by any violence or wrongful disseisin, his goods & chattels are under no tribute, tolle nor custom, nor otherwise distreinable: with an infinite number of prerogatives more, which were to tedious here to recite. Howbeit forsomuch as in every realm, the kings prerogatives are no small part and portion of the profits and commodities of the corone of the same, & namely within this realm of England, it hath been thought good heretofore to declare and set furth in writing certain of the most highest and weightiest matters and articles touching the said prerogatives. And hereupon was there a declaration made in writing by authority of parliament holden in the .17. year of the reign of king Edw. the .2. the beginning whereof is in manner and form as is above written: Howbeit this parliament maketh no part of the kings prerogative, but long time before it had his being by thorder of the comen law, as plainly may appear by them that have written before the making of the said statute of prerogative. 
Glanu. li. 70  For Glanuill, who was chief justice in king Henry the .2. days writing of this matter saith in this wise. Notandum quod si quis in Capite de dno rege tenere debet, tunc eius custodia ad dominum regem plene pertinet, sive alios dominos habere debet heres five non, quia dominus rex nul lum habere potest parem, multo minus superiorem.  

Bracton. li. 1 de custod' et marit' dominorum.  Also Bracton which wrote in the time of the latter reign of king Henry the .3. saith. Si aliquis heres terram aliquam tenuerit de domino rege in capite sive alios dominos habuerit sive non, dominus rex aliis prefertur in custodia heredis sive ipse ab aliis prius feoffatus fuerit vel posterius, cum rex parem non habet in regno suo. Both these writers do not only agree in every point, but also give a reason why the king should have the prerogative contained in this first chapter. Also Britton, an other old writer which wrote his book in king Edward the first name sayeth, des heirs nequedent si ils y eyent ascuns qui auncestre morust seisie de ascun terre tenu de nous en chief des aunciens demeans de nostre corone volons aver les gardes de touts les terres dont appent que deivent descend a ceux heirs come lour heritage ovesque touts les blees en tells terres troves maintefoits de qui fees que les terres sont. Britton here not only agreeth with the other, but also giveth the king the corn growing upon the grounds which the kings tenant holdeth at the time of his death. 
A. 21. H. 3. in Fitz. ti. Prerogat'. P. 26. & P. 25.  Also in the great Abridgement of Fitzherbert you shall find in the time of king Henry the third written in this manner. Nota quod lex angliae et consuetudo eiusdem est quod a quibuscunque aliquis feoffatus fuerit dum tamen a domino Rege aliquo tempore fcoffatus fuerit per tenementum qd' tenetur per seruic militare, quod dns rex habebit custod' omnium terrar' et tenementorum tam de feoffamento aliorum quam de feoffamento proprio. Which text if a man will any thing wrist he may make the kings prerogative more liberal than is made or declared by this statute or any other the writers before remembered, for it extends to any lands holden of the king by knights service whether they be holden of the king in capite or not: but forasmuch as the said other writers have written so plainly in this matter we will stand to them and extend the prerogative no further, howbeit (as I said) all those writers being so long before the making of this statute do plainly argue & prove that this statute doth but confirm and declare that that was the comen law before, 
M 15. E 4.12  unless we would doubt of the time of the making thereof as Littleton doth in 15. E. 4. but without doubt it was made in king Edward the seconds time, and that plainly appeareth by the words contained in the third chapter of this prerogative, which be these. Et illa voluntas tempore Regis. H. patris Regis E. estimari consuevit etc. Which words were not written in king Edward the first days, for then the words had been patris nostri, so that (as I think) it is not to be doubted but that it was written in the time above limited and expressed. Then go we to th'exposition of this first chapter of prerogative. The words be, dominus rex habebit custodiam omnium terrarum eorum qui de ipso tenent in capite per seruicium militare. These words go generally to all the king's tenants, that is to say, aswell to his tenants for term of life, as to his tenants of estate of inheritance, if it so be that he that is in the reversion have the said reversion by descent, and be heir unto the said tenant for term of life, not forcing whether he have the reversion by descent from the said tenant for term of life or else from any other ancestor, as take the case to be this, a man holdeth no lands of the king but only as tenant by the courtesy, and those lands are holden in chief by knights service & the said tenant by the courtesy is seized in his demesne as of fee of lands holden of other lords and dieth, the lands holden of other descend unto him in the reversion which is indeed next heir unto the said tenant by the courtesy, in this case the king shall not only have the wardship of the lands that were holden by the courtesy if the said heir be within age, but also the lands holden of other by virtue of this prerogative. And if the said heir were of full age at the time of the death of the said tenant by the courtesy, the king shall have primer season both of the one land and of the other, as it appeareth in the new Natura brevium. fo. 298. Like law is it if a woman be endowed of lands holden in capite and is seized in fee simple of lands holden of other and dieth seized, and they descend unto the heir which is in the reversion, in this case the king shall have both these lands by virtue of this prerogative, like as he shall have in the other case before, 
26. li. ass. p. 57  and that may you see in. 26. li. Ass.. for in both these cases they be the kings tenants, and hold of him by knights service in capite, for tenant en dower in the kings case holdeth not of the heir but only of the king, as it shall appear more fully hereafter. But if he in the reversion be not heir of the lands holden of other in the cases above remembered otherwise it is. But what if he in the reversion have the same reversion by purchase and not by descent whether shall the king then have his prerogative or not? and as to that it should seem by the new Natura brevium fo. 259. that the king shall have his prerogative in that case also, for there the remainder was to the heir and to his wife and to the heirs of their two bodies lawfully begotten, and the husband in the remainder did sue liver, howbeit against the law as me seemeth, ideo quere. but if the case in the said new Natura brevium had been, that lands holden by knights service in capite had been given to one for term of his life the remainder over in fee which parson in the remainder hath issue and dieth and tenant for term of life holdeth lands of other Lords and dieth which descend to the issue that is in the remainder, there it might be said that the king should have prerogative in the whole like as he had in the cases before remembered of tenant by the courtesy and tenant in dower, for like reason will serve in the one case that serveth in the other. The words of the Statut be further, de quibus ips● tenentes fuerunt seisiti in dominico suo ut de feodo die quo obierunt de quocunque tenuerint. These words rather appertain unto the lands holden of other then too the Lands holden of the King in Capite, as it should appear by the cases before remembered, and then by these words the kings tenant in his life time must himself be seized either in possession or reversion of those lands that he holdeth of a common person that shall descend unto his heir, For if he were never seized thereof but they descend unto his heir from some other ancestor, the king shall not have his prerogative in them as appeareth in 15. 
15. E. 4. f. 10.  E. 4. but whether the kings tenant were seized of them in his own right or in another bodies right it maketh no difference, as take the case he were seized of them but in right of his wife and hath issue and dieth, his issue is in the kings ward for the land that his father held in Capite, and afterward the wife dieth the issue being still in ward, the King shall have Prerogative in these lands of the wife also, because the husband was seized of them in his demean as of fee the day of his death, and so within the compass of this statute. And this case may you see in. 
M. 13. H. 4. 6.  13. H. 4. and note, that notwithstanding this statute speaketh but of lands, yet service are to be taken by the equity of the same, as it is plainly proved by the words of Diem clausit extremum, which saith Quantum terre tenet de nobis aut de aliis tam in dominico quam in seruicio. So that if one hold of the kings tenant by certain services, the King shall have the services in ward, for they be in nature and place of the land that is holden, and so shall it be supposed. And therefore when the king hath those services in ward and the tenant that holdeth by those services dirth his heir within age, if the said services were knights service the King shall have ward by reason of wardship: But yet by that no prerogative in the other lands of the second ward which are holden of the other Lords, 
M. 6. R. 2. in Fitz. ti. Guard P. 105.  as it may appear in 6. R. 2. For the kings tenant was never seized of those other lands ne yet of the service that they were holden by, and so without the compass of this prerogative. Like law it is where the King hath the temporalty of a bishop in his custody during the time the Sea is vacant, and one that holdeth of those temporalties by knights service dieth his heir within age, the king shall have the wardship of him, & the reason of it is, because the king hath the wardship of the temporalties, by reason whereof this wardship cometh, which temporalties the king hath in ward by the order of the common law, in lure corone: For they be baronies, which can be holden of none other than of the king in capite, and then by the common law, I take it he were no better than a common person: yet his highness must have the wardship of them that hold of those temporalties by knights service if they fall during the time the said temporalties be in his hands with such lands as they hold of those temporalties but not with such lands as they hold of other, and than must the heir thereof when he cometh to his full age sue a liver as shalmore plainly appear when we come to the third chapter of this prerogative. The words of the statute before recited are, in dominico suo: this word demean is not here taken to be the very possession or taking of the profits, for if the kings tenant die seized but of a reversion or of a remainder in lands holden of a common person and during the minority of his son the particular tenant dieth, the king (this notwithstanding) shall have this land in ward as he hath the rest as it may appear. 22. H. 6.15. E. 4. &. 46. E. ●. 
M. 22. H. 6. f, 20, M. 15. E. 4. f. 10. P. 46. E. 3. fo 10.  So it is if the kings tenant die seized of an advowson appendent to lands holden of a common person. The words be further, die quo obierunt, and therefore if the kings tenant die seized, of Lands holden of a comen person and a stranger abbatethe, yet the heir shallbe in ward, and the king may enter and so is it if the heir recover by assize of n●ortdauncestre as it appeareth in the new Natura brevium fol. 2●●. &. T. 12. R. 2. But take the case to be that the kings tenant die not seized but is disseised and dieth, whether in this case the king may have prerogative or not, and it seemeth that he may, for in all such cases where the heir hath a right of entre, the king may enter in name of the heir and hold it afterward in ward: but if the heir have but a title of entre or right of action it seemeth to be otherwise, howbeit look for those ma●●ers in the said book of 15. E. 4. &. 12. H. 7. &. 18. Edwardi tertii lib. ass. P. 18. 
T. 12. H. 7. fo 17.  Where it is adjudged that of lands holden of the king in chief, the king as in right of his ward might seize by a Scire facias upon a title of entry. And note also that there is somewhat more to be understanden bear then is written or expressed, that is to say, that the said Lands must descend too the kings ward, for notwithstanding the kings tenant wear seized in his demean as of fee day of his death in lands holden of a comen person, yet if the same after his death do not descend to the kings ward, but to an other heir, 
M. 12. E. 4. f. 18.  the king shall not have prerogative in them as it appeareth in. 12. Ed. 4. The words of the statut be also De quocunque tenuerunt. Put case the kings tenant is seized of certain things which neither are holden of the king nor yet of any other, whether shall the king have them in ward or not, as Merket, warr●n, 
A. 3. H. 7. f. 4 21. H. 6. f. 12. 46. E. 3. f. 10. 15. E. 4. f. 12.  Rent Sack, or advowson en gross: and as it should appear in. 46. E. 3. &. 21. H. 6. the king cannot have them in ward and yet in 15. Ed. 4. some hold opinion to the contrary, therefore inquere and learn what the law will in these cases. The words of the statute be, Per huiusmodi seruicium, that is to say, by like service. Buy these words the lands that are holden of other must be holden also by knights service or else the statute extends not to them, and yet the law is taken to the contrary, for if the lands holden of other be holden but in socage or free burgage the king shall have prerogative in them as it appeareth in. 
P. 24. E. 3. f. 13. T. 9 H. 3. ti. Prerogative in fits. ●. 25.  24. E. 3. for this statute is but a confirmation of the common law, and therefore shallbe taken by equities and namely when the law was so taken in. 9 H. 3 which was long time before the making of this statut. Howbeit Bracton and Britton doth extend this prerogative no further then to lands holden of other by knights service, therefore inquire for the cause and reason thereof. 
Bracton li. primo de custod. et releviis. Britton. f.  The words be further, Exceptis feodis archiepi. cantuar' etc. This exception extends not to the body, wherefore the king shall hold that in ward against all men, but it extends to such lands as are holden of these persons exempted by this statut. Put case then that any of these persons purchase a signory since the time of the making of this statute, shall the king have his prerogative in the lands holden of that signory or not? And it is clear he shall notwithstanding the aforesaid words of exception: for they do not extend but to such fees as we are theirs at the time of the making of this statut. Then further, for asmuch as there be divers statutes concerning wardship made aswell before as since the time of king Edward the second, let us see whether this prerogative will extend to those statutes or not, and it seemeth it doth, for asmuch as this prerogative hath been ever from the beginning as I have said before: And therefore if the kings tenant being seized of lands holden of a common parson maketh a feoffment thereof by collusion contrary is the statute of Marlebridge to defraud the lord of the wardship and dieth, the king having his heir in ward & this matter found by office shall seize upon a Scire facias if the collusion be averrable, or without a Scire facias, if the collusion be apparent & hold the same in ward by force of this prerogative, & that appeareth in. 9 H. 4. So likewise where the statute made in 4. H. 7. 
T. 9 H. 4. f. 5  providethe that the heir cesty que use shall be in ward. Put case that the kings tenant in capite before the statute in Anno. 27. H. 8. had made a ferfement of lands which he holdeth of a common per●one to the use of himself & his heirs and died before that statute, in this case the king should have had his prerogative in the Lands so being put in feoffament to an use even as if his tenant had died seized thereof, 
T. 12. H. 7. fo 17.  as it appeareth 12. H 7. Than last of all let us learn how the lords whose fees the king hath in ward by his prerogative shall be demeaned and ordered for the rents to be dew for their signories during the wardship whether they shall lose them as they do the lands. 
29. lib. Ass., in fits, ti. Petic p. 5. P. 24. E. 3 f. ●● and the new natura brevium fo. 179.  And it appeareth in the book of assizes in. 29. E. 3. that they had them by petition at the Kings hands, & therewith agreeth th'opinion of Hill ' in the .24. year of king E. 3. Learn the reason of these books, for it should seem to me the law to be otherwise, because that all mesne signories are suspended during the time the king hath the tenancy in ward, if it be not per case for the surplusage of a rend service which the mesne may sue for to the king by way of petition: and to say that the heir shallbe charged at his full age with the said rents it wear no reason, for then both his land should be in ward, and yet he charged to pay rend for the same: wherefore it seemeth that these books are against the law. And with me agreeth Bracton in his first book in the chapter de custodia where he saith, Et cum tali ratione sint aliorum feoda in manu do mini regis pred' ratione alij capitales domini feod' illorum ni hill poterint exigere de terris et tenntis illis nec in seruic' nomis nat' nec in auxiliis ad filiam maritandam vel filium primogenit' militem faciendum vel in sectis quamdiu terre fuerunt in manu domini regis, sed precipiet' vic' qd' hmodi distringere non permittat. Howbeit Bracton in his said book in the chapter, De relevijs saith, that the heir at his full age shall pay his relief to every of his lords notwithstanding he hath been in ward, quod nota: for in all other cases he never payeth relief that is to say where he hath been in ward, and he maketh no other reason for it butt this. s. quod hoc est speciale in rege propter suum privilegium: and so is the book in the .24. 
M. 39 E. 3. in Fits ti. Relief P. 1. Britton f. 163.  year of king Edward the third and the .39. year of the same king, howbeit Britons opinion is that the heir shall pay no relief to the other lords after he hath been in the kings ward, and cometh to his full age, and I cannot find that the heir in any such case should or doth pay any relief to the king that is to say where he hath been in ward: therefore learn what experience teacheth us in these cases.   

The second chapter.  
ITem Rex habebit maritagium hered' infra etatem & in custodia sua existent siue terre hered' eorundem sint ab antiquo de corona sive de eschaetis quae sunt in manu domini Regis sive habuerit maritagium ratione custod' terrarum dnorum eorundem hered' nullo habito respectu ad prior' feoffamenti licet de alijs tenuerunt. 
Bracton li. 1. ti. de herede sockman in cuius custodia esse debe at. Britton f. 163 M. 24. E. 3. f. 24. H. 12. H. 4. in fits. ti. Gard. P. 81.   
All that is contained in this Chapter was the kings prerogative by the order of the common law, as it may appear in the books of Bracton and Britton in the places before noted, and in a book in the 24. year of king Edward the third where it is said that no lord can be more ancienter than the king, for all was in him and came from him at the beginning. And therefore his highness must have prerogative in the body of whosoever the infant holdeth beside, be it that the lands are holden of the kings highness as of the ancientness of his corone or of his new escheats, or come unto him as ward by reason of wardship, or that his highness do purchase the signory of him that is lord by posteriority, or pourchaseth a manor holden of one of his honours, which are of his new escheats, of which manner thancestor of thinfant held by posteriority: in all these cases the king shallbe preferred to the wardeshippe of the body and marriage before any other lord of whom the ancestor also held them day of his death by priority of feoffment, that is to say, more ancient feoffment: how be it in these cases his highness shall not have wardeshippe in the lands holden of tother lords, because his tenant held not of him in chief, but only shall have preferrment in the body and marriage before all other. Then since the common law and statute doth give the king this prerogative, let us see whether his highness may by granting away his signory to an other, grant also with the same his prerogative to the grantee, that is to say, whether his grantee shall have the same prerogative in the body of the child as his highness might have had, 
M. 12. E. 3. in Fits. ti. Preroga. p. 25. et M, 14. H 4 in Fits. ti. Guard P. 86.  in case the signory had still continued in him. And it appeareth in the .12. E. 3. & .14. H. 4. that if the king grant the signory to an other in fee simple that the grantee shall have no prerogative, because there remaineth nothing in the king of that signory ungranted. But if the grant wear made to a common person for no longer time then during his life, and the reversion saved to the king, then learn what the law will in that case, 
H. 5. E. 3. in. Fits, ti. prerogative. P. 20.  for we have in .5. Edward the third that where the grant was made to the Queen for term of her life the reversion in the king that her grace had prerogative even as the king himself should have had, and for none other reason there made but only because she held in right of the king. But a man may add further to that reason and say that her grace & a common person be not like, for though she be a person exempt from the king and may sue and be sued in her own name, yet that that she hath is the kings, and look what she loseth so much depart the from the king, and therefore all her tenants of parcel of her estate may have aid immediately of the king wytheoute making her party or privy thereunto, and so she holdeth merely in the kings right: but a common person doth not so. For the king hath nothing so do with the thing that he holdeth during the life of the lessee, howbeit if the grant be made to the Queen for term of her life the remainder over in fer●● it seemeth that her grace getteth no prerogative, 
M. 24. E. 3. f. 34.  and so it is said in .24. Edward the third. Like law is it if the king grant an honour to the Lord prince and his heirs kings of England, 
M. 21. E. 3. f. 4●.  it seemeth by the better opinion in 21: Ed. 3. that the Lord prince shall have there with the kings prerogative, because it is not severed from the crown after the form as it is given, for none shallbe inheritor thereof but kings of this realm. And note well that notwithstanding the law wear so that none in this case but the Queen or prince might have the kings prerogative, yet if the king having the signory in his hands after that the ward doth fall. grant the same ward over, the grantee shall have and enjoy the preferrment of the marriage against the other Lords even as the king should himself, because that notwithstanding any such grant, yet the king is said still garden and the infaunt driven to sue for his livery at the kings hands when he cometh to his full age, and not at the hands of the grantee, 
A. 13. H. 4. in Fits. ti. prerogative. P. 24  which in this case is but only as a committee. And so is the book in. 13. H. 4. Like law is it in the case above remembered where the Queen hath prerogative and the ward falleth and she granteth her wardship over, her grantee shall have preferrment in the marriage before all other lords. And the also appeareth in the said. 5. E. 3 howbeit that case was enforced by that that the king confirmed the state of the grantee, 
H. 5. E. 3. in Fits ti. Preroga. p. 20.  like law is it if the king have a ward of right of his corone, and granteth it over with special words that is to say, that the said grantee shall also have ward by reason of wardeshippe if it fall during the minority of the first ward, in this case if there fall a ward which holdeth by posteriority of the heir that is in ward, yet that notwithstanding the said grantee shall have the preferment in the ward of the body and marriage, even as the king himself should have had if he had made no such grant, because it is merely in the kings right which remaineth still lord, and the grantee none other but as it wear his comyttee: 
H. 12. H. 4. in Fits. ti. Guard P. 81.  and this appeareth also in the. 12. year of king Henry the fowerthe.   

The third chapter.  
ITem Rex habebit seisinam post mortem eorum qui de eo tenent in capite de omnibus terris et tenementis de quibus ipsi fuerunt seisiti in dominico suo ut de feodo cuiuscunque etatis heredes eorum fuerint, capiend' exitus eorundem terrarum & tenementorum donec facta fuerit inquisitio prout moris est, et ceperit homagium huiusmodi hered'.  
In the .52. year of king Henry the third long time before the waking hereof was there an other statute made at Marlebridge concerning this matter: In the .16. chapter whereof it is thus provided. De hereditate autem que de dno rege tenetur in capite sic obseruand' est, ut dominus Rex primam habeat inde seisinam sicut prius inde habere consue vit, nec heres nec alius in hereditatem illam se intrudat, priusquam illam de manibus domini regis recipiet prout huiusmodi hereditas de manibus ipsius et antecessorum suorum recipi consueverit, et hoc intelligatur de terris feodis que ratione seruicij militaris, socagij, vel seriantiae, sive iure patronatus, in manibus domini regis esse confueverunt. Both these statutes declare themselves to be of none other force then as a confirmation of that, that was the kings prerogative by the order of the common law, as it may appear by these words, prout moris est, sicut prius habere consuevit, recipi consueverit, esse consueverunt. And therewith agreeth also Britton. fo. 167 The words of the statute be, Rex habebit primam seisinam, what prima seisna is, it is declared by the words that follow. s. capiendo omnes exitus etc. by which words it may appear the king shall not only seize, but also receive the hole profits till livery be sued, which suit most commonly hath been and is within the year and day next after the death of his tenant, and therefore the king useth to take no more than the first fruits, that is to say one years profits if there be not apparent default in the heir that he will not sue his livery, in which case then the kings highness shallbe answered of all the profits taken till livery be sued, or at the least tended and after pursued with effect, yea and if it be a general livery and not ryghtefullye pursued according to the order of the law, the king shall reseise and be answered of all the mean profits from time of suing of the said livery, for when the livery is missued it is as it had been never sued. Howbeit this reseisure shall not be wytheoute a Scire facias, as I shall thereof speak more at large hereafter. But if the heir or he that should sue livery do make a rightful suit for the same according to thorder of the law, and asmuch as in him lieth to do to have livery, howbeit the king will not but will bee advised ere he make him livery, and so protract the time, in this case his highness of right may not have the profits from the time the party was thus delayed, but aught to restore them unto the party upon his livery, as may appear in the first year of Henrye the seventh. 
H. 1. H. 7. in Fits. ti. Livery P. 18.  And thereupon it is to be noted that there be two kind of liveries, the one general, the other special. The general is the livery that this statut speaketh of, the especial may be more properly treated of when we come to the 12. chapter of this prerogative. And this general livery is sometime made cum exitibus, and sometimes sine exitibus, but for the most part sine exitibus: for where it is made cum exitibus, from the time of the seizure, there it is properly no livery, for it appeareth the king never seized rightfully or by any title. As for example, if the king will seize the land that is found in th'office to be holden of Tharchebyshoppe of Canterbury, or bishop of Durham, or any such persons as are exempted in the first chapter of this prerogative, in this case they shall have an Ouster le main una cum exitibus, 
H. 16. E. 3. in Fits. ti. Livere. P. 29  as it appeareth in 16. E. 3. The same law is it if of lands holden in capite there be a lease made for term of life, the remainder over to stranger, 
14. H. 4. f. 34 18. E. 3. f. 21. 24. E. 3. f. 27.  tenant for term of life dy●th, and this matter found by office, now if the king seize, he in the remainder shall have an Ouster le main una cum exitibus, as it appeareth in. 14. H. 4. 18 E. 3. &. 24. Edward the third. Like law it is where two hold jointly of the king, & the one dieth, and this matter found by office, and yet that notwithstanding the king seizes, he that survives shall have an Ouster le main una cum exitibus, as it appeareth in the book of Assizes 44. 
44. li. ass. in Fits. ti. Livere. P. 11. T. 45. E. 3. f. 18.  E. 3. and in the new Natura brevium fo. 2●●. &. f. 257. For in all these cases where the Ouster le main is una cum exitibus the king ought not to have seiseised, and so sayeth Thorp 45. E. 3. The words of the statute be further, Post mortem eorum qui de eo tenent Upon this: it is to be seen at what time after the kings tenants death this livery shallbe sued. If the possession of the free hold immediately after the death of the kings tenant descend unto his heir it is to be sued fourthwithe, and if but only a reversion descend, than it is not to be sued till after the death of the particular tenant, as it may appear in the new Natura brevium f. 291. where the heir sued not livery till after the death of the tenant by the courtesy, tenant in dower, and tenant for term of life. But learn what the law should have been if the kings tenant had died seized of a reversion whereupon rent had been reserved, his heir of full age, whether he should have them sued livery forthwith, or else to have tarried till the death of the particular tenant for in the seventh year of king Henrye the sixth june thinks he should tarry or else it might follow the king should have double livery that is to say one for the rend an other for the land, 
M. 7. H. 6. f. 3  but Paston is in contrary opinion, and resembles it to a reversion depending upon an estate tail with a rent reserved, howbeit at this day there is election given unto the heir, that is to say either to sue his livery immediately after the death of his auncester in the life of these particular tenants, or else to tarry until they die, and if he sue his livery in their life he payeth for primer seisin but the moiety of one years profit, & if after their death than he payeth the hole years profit, howbeit if there be a rent reserved & he pursueth his livery in the life of the particular tenant, it seems beside the half years profit of the value of the land he shall also pay the hole years profit of the rent reserved, therefore learn what common experience teacheth us in that case. The words of the statut be, Qui de eo tenent in capite. By these words he must hold of the king in chief, for if he hold not of him in chief the king can have no primer seisin. And yet you shall see in the new Natura brevium folio. 296. that of lands in the city of London holden of the king in burgage the king had primer seisin, & the heir thereof sued his livery but that precedent seems to be against the law, for Markham sayeth in 7. E. 4. that in Nevil'S case it was found that ones father died seized of certain land that he held of the king in Burgage, 
T. 7. E. 4. f. 9  and thereupon thexchetor did seize, which seiser by th'advise of all the justices was discharged by a Supersedeas awarded to thexchetor, for the words of both the foresaid statutes be very plain therein, that is to say that he must hold of the king in capite, but whether he hold of the king by knight's service or by Socage in capite it maketh no matter so that he hold in capite, for the king in both cases shall have primer seisin although not with so large a prerogative in th'one case as in the other. For in the first case where the tenure is knights service in capite the king shall have the same prerogative when the heir is of full age at the death of his auncester as he should have had if he had been within age, that is to say primer seisin aswell in the lands holden of others as of himself, be it that the lands holden of other be holden by knights service or in Socage. But otherwise it is where the tenure is but a tenure by Socage in capite, for there the king shall have no primer seisin in lands holden of other, namely if they be holden of other by knights service, as it appeareth plainly by the statute of Magna charta capit. 27. and in the new Natura brevium fo. 2●●. nor yet any premier seisin of lands holden of himself in Socage in capite▪ If the heir at the death of his ancestor be not of the age of. 
35. H. 6. f. 47. T. 45. E. 3. fo 1●.  14. years, as appeareth, 35 H. 6. & 45. Edward the third and also in the new Natura brevium fol. 2●6. & fol. 2●●. But in every of these cases they to whom the body belongeth shall have an Ouster le main of the lands una cum exitibus that is to say the lords of whom the land is so held by knight's service in th'one case, and the Prochein amy in the other case. But where the lands be holden of the king in Socage in capite, & the heir of the age of 14. years at the death of his ancestor, there the king shall have premier seisin and the heir driven to sue livery, for there is no person that can make any title to the heir or his lands but only the king, and therefore the king must have his premier seisin, & the heir driven to sue his livery by express words of the foresaid statut of Marlebridge, & so it seemeth also in that case that his highness shall have premier seisin in lands holden of other, so they be holden but in Socage, for the reason above remembered, Tamen quere. The words of the statute be farther, de omnibus terris et tenementis de quibus ipsi seisiti fuerunt in dominico suo ut de feodo. These words may be conferred and coupled with the first chapter of this statute of prerogative which hath the very self same words. And therefore look in what cases noted upon the first chapter the king hath his prerogative by reason of wardship, In all the same cases shall his highness have prerogative by reason of primer seisin if the heir wear of full age at the death of his ancestor. Wherefore to rehearse them here particularly it were but superfluous, except it be in the case only of collusion given by the statute of Marlebridge where the heir is within age, because it speaketh nothing of the heir that is of full age. And therefore in that case it seems the king cannot have like benefit of premier seisin as he hath of wardeshippe, when the heir is within age. howbeit there is a book in that point left at large which is 17. E. 3. & 7. E. 3. & there the case was. 
M. 17. E. 3. f. 63. M. 7. E. 3. in Fits. ti. Relief. p. 11.  The tenant enfeffed his son and heir & dieth before the feoffee gave notice thereof to the lord. Ideo quere. The words of the statut be farther, Cuiuscunque etatis heredes ipsorum fuerint. To these words also shall the first chapter of this statute have relation, for they plainly declare that if the heir were within age at the death of his ancestor, the king shall have primer seisin and the heir driven to sue his livery, notwithstanding also the king have had the wardship of him. For the words be generally spoken and may be extended aswell where he was within age at the death of his ancestor, as where he was of full age. And so hath it been ever used, saving that where he hath been in ward he payeth but one half years profit for primer seisin, and in the other case he payeth the hole. The words of the statute be farther, capiendo omnes exitus eorundem terrarum & tenementorum, donec facta fuerit inquisitio pro ut moris est et ceperit homagium hered'. By these words it may appear that the king after the death of his tenant and before any office found, might seize the lands and take the profits, which thing surely is true, as plainly is proved by the writ of Diem clausit extremum which hath these words Cape in manum nostram omnia terras & tenementa &c. donec aliud inde perceperimus & per sacrum proborum hominum diligenter inquiras etc. So the seiser goeth before the inquisition, howbeit since the statut made at Lincoln Anno. 29. E. 1 called statutum de Escaetoribus it is not used to seize till office be found, and then the king to be answered of all the profits since his tenants decease, which cometh all to one effect. And that statute doth not restrain the seiser, but that thercheator may seize at this day without office. By the aforesaid statute of Marlebridge cap. 16. it is expounded and plainly set forth of what lands and fees the king shall have primer seisin, for these be the words. Et hoc intelligatur de terris & feodis que ratione seruicij militaris, socagij, vel serianciae, sine iure patronatus, in manibus domini regis esse consueverunt. By these words it may appear that he that is ward because of wardship shall sue livery, or where one holdeth of the kings ward by knights service or in Socage and dieth his heir of full age, the king shall have primer seisin of the lands, that are so holden of his ward, and the said second heir driven to do his homage or fealty as the case shall require to the king, and also to pay his relief unto him, and to sue livery of the said lands as it appeareth he did in the new Natura brevium fol. 294. & 295. For it is within the compass of these words, que ratione seruitij militaris. So is it if the king have a bishops temporalties in his hands during the time that See is vacant, and one that holdeth of that temporalties by knights service or in Socage dieth his heir within age, in this case, after that the king hath had the wardeshippe, the heir at his full age shall pay primer seisin and sue his livery. And so shall he do if he be of full age at the time of the death of his ancestor, for the words of the statute be, De feodis quae iure patronatus in manibus domini regis esse consueuer', and therwithe agreeth the new Natura brevium folio. 286. Butte learn if the king's tenant in chief die, his heir of full age and one that holdeth of the heir before he hath sued his livery dieth, his heir also being of full age, whether in this case the king shall have primer seisin of the lands of the second heir or Noah, as he should have had if the heir of his tenant had been within age, and in the kings ward at the time when this second heir did fall, and it seemeth to me he shall, for the reason made afore. then last of all whether this prerogative extend to any statute made since the time of king Ed. 2. and it seems it doth, and that for the reason noted in the first chapter, as the feffees of Cestuy que use, before the statut made in the .27. year of king H. 8. used to sue an Ouster le main sine exitibus, which was in nature of a liver for the heir of cestuy que use which had been inward. Item for asmuch as there be exceptions in the first chapter and none in this, whether they also be comprised within this chapter or not: and me seems they be, because these ii chapters must concur together and agree in every thing. And if the heir be within age at the death of his ancestor, the archbishop of Caunterburye shall have an Ouster le main una cum exitibus, so that the heir shall not sue liver of that, & then by the same reason if he be of full age at time of the death of his ancestor, for the liver in th'one case and tother is given by this chapter as me seemeth, Tamen quere.   

The fourth chapter.  
ITem assignabit viduis post mortem virorum suorum qui de eo tenuerint in capite dotem suam quae eas contingit etc. licet heredes fuerint plenae etatis si viduae ille volverint, & viduae illae ante assignationem dotis suae predictae sive heredes plenae etatis fuerint sive infra etatem iurabunt qd' se non maritabunt sine licencia regis. Et si se maritaverint sine licentia regis tunc rex capiet in manum suam nomine districtionis omnes terras et tenementa quae de eo tenentur in dotem donec satisfecerint ad voluntatem suam ita qd' ipsa mulier nihil capiet de exit' etc. quia per huiusmodi districtiones huiusmodi mulieres seu viri eorum finem faciant regi ad voluntatem suam, et illa voluntas tempore regis H. patris regis E. estimari consuevit ad valenc. predictae dotis per unum annum ad plus nisi uberiorem gratiam habuerint. Mulieres quae de rege tenent in capite aliquam hereditatem iurabunt similiter cuiuscunque fuerint etatis quod se non maritabunt sine licentia regis, et si fecerint terre et tenementa ipsar●m eodem modo capiantur in manum domini regis quousque satisfecerint ad voluntatem regis.  
This statute likewise doth but confirm the common law before as it appeareth by the statut of Magna carta ca 7. which was first made in the time of king H. the third, which is, qd' nulla vidua distringatur ad se maritandun, ita tamen, qd' securitatem faciet qd' se non maritabit sine assensu nostro, si de nobis tenuerint. And also in the 24. year of the said king henry the third, it is said, that when the kings tenant dieth & his wife endowed, she cannot marry without the kings licence, & if she do, she & her husband shall make fine. Thexposition. It should apere by the words that the wifes of all them that hold in Capite can not have dower at any man's hands but only the kings if his grace will, for in that his grace hath a prerogative above all common persons aswell for that she shall the r●bie hold of his highness in chief as for that she shall not marry with out licence: for so she might be married unto the kings enemy, and there buy the strength of the crown enfeebled. Therefore it is provided that his highness may assign the dower whether the heir be of full age or within age, to th'intent that she before the receiving thereof shall take a corporal oath not to marry without the king's licence. The manner of the assignment whether the heir be of full age or within age is very well set forth in the new Natura brevium fo. 2●●. in the writ de dote assignanda. Howbeit for that sun things are there noted which seem to repunge with our book cases, I purpose to confer the one with tother and see how they can agree. In the said Natura brevium it appeareth that not withstanding the king had committed the land over to an other, yet the woman sued in the Chancere to the king for her dower and not to the committee, & in our books you shall see many writs brought against the committee, yea & in some of them that she recovered her dower and the king not made party to the same, as the book is in 4. H. 7. where the writ of Dower was brought against the kings committee, 
H. 4. h. 7. fitz ti. Eyed de Roy. P. 33.  who pleaded in bar without praying in eid of the king, & the bar was found against him, and notwithstanding that it did apere unto the justices that the king might be touched thereby, yet would they not surcease, but awarded that the demandant should recover▪ & took for their cause the statute of Bigamis the third chapter which saith in this manner. De dotibus mulierum ubi aliqui custodes hereditatis maritorum suorum custodias habent ex dono vel concessione regis, Sive custodes rem petitam teneant Sive heredes dictorum tenementorum vocentur ad warrantum si excipiant quod sine rege respondere non possint, non ideo Suꝑsedeatur quin in loquela predicta prout justum fuerit procedatur. This Natura brevium and this book of .4. H. 7. seem not to agree. For where takes she any oath where she recovers by a writ of dower in the common place? which oath she must needs have taken if she had sued in the chancery, or how may the committee endow her, when percase he will endow her of more than she ought to have or endow her where she is not dowable by the law? whereunto one may answer in this wise, that his wrongful endowment shall not conclude the king, but the his grace may reform the thing when he will, and sins he hath committed all his interest over durant minore etate, his grace may permit thendowment made by the committee if it be rightfully made to stand: and specially because of the statute of Bigamis which allows it so to be. And notwithstanding she take no oath, yet can she not marry without the kings licence, for this endowment by the committee is the king's endowment upon the matter, for the that she holdeth in right of the king which continues still garden notwithstanding any such commission or grant made of the wardship. Therefore it should seem the after the ward committed over (as is aforesaid) it is at the election of the woman whether she will sue to the king in the chaunceri or at the common law against the committee: But if the king do but commit the ward over durant bene placito otherwise it is, for there she must sue only to the king, as appeareth. 8. E. 2. 
Fitz Tit. Dower. P 169.  And note well that this statute of Bigamis before recited will also that if the heir of the husband be vouched to warranty being in the custody of those committees that the justices shall not surcease no more then when the writ of dower is brought against the committee. Contrary to this branch of the said statut are there divers books, as 18. E. 3. & 8. E. 3. &. 19 E. 3. where the said committee came in, 
18. E. 3. fo. 38. H. 8. E. 3. in Fitz ti. Vourcher. P. 154. H. 19 E. 3. in Fitz Tit. Aid de Roy. 64.  the heir being vouched in their ward & showed how they held of the kings lease & prayed in aid of the king & had it: whereat I do not a little marvel because of this statute of Bigamis which was never spoken of ne yet remembered in these books, their judgements as it should seem being directly against this statute. Howbeit the manner of the lease doth not there certainly apere, that is to say, whether the wardship were granted durant bene placito or durant minore etate, for that would make a difference as I have said before. Also the book is. 39 
39 E. 3. fo. 10  E 3. where in a writ of Dower brought against the committee there was aid granted of the king, but that seems to be out of the compass of the statute of Bigamis which speaks only of them the have it of the kings grant, & so hath not the second Committee, therefore learn what the la will in these cases. But if the wardship be committed to the wife without any exception or forprise of her dower, she by that is concluded to claim any dower during the said wardship, as it may apere M. 2. H. 4▪ in the said new Natura brevium. fo, 2●●. It is also said that where livery is made to the heier before the woman sue for her dower in the chancery, & in the said livery there is no saving made for her dower, that then she must pursue her writ of Dower against the heir: & the reason that there made is, because the king hath made livery generally without any reservation of Dower to be assigned by his highness: whereunto I answer, that when livery is sued before assignment of dower, there is most comonlie in the writs of livery a saving made for her dower if it so be that she were found the king's tenants wife in th'office, and she being so found if the heir sue a general livery leving out these words salva dote or retenta dote etc. it is a good cause for the king to resese the hole, for the livery is missued in that case, and that I learned of justice Spilman which noted it so in .11. of H. 8. but if she be not found wife in the office, the heir may sue his livery without any such saving and to say the the king by making such a livery should waive the advantage of his prerogative in the dower: that seems not to be true unless the said waiver were by express words, wherefore it seems the heir in that case after livery is not bound to yield unto her dower, but her only remedy is to sue for the same to the king, and that must be first upon an office (as I think) finding that she was his tenants wife, Ideo quere, and learn whether she may have dower in any case either in the chancery or by writ of Dower at the comen law against the committee or the heir, unless she be found wife first by office as is aforesaid, except it be in cases where the king will refuse this prerogative. And note that like as the king hath a prerogative by this statute to yield dower to the wife of his tenant, so hath his highness a prerogative by the common law to withhold dower from the wife of his tenant, which no common person hath. As put case in a writ of Dower the heir be vouched in the kings ward, and the tenant shows for his lien the feoffment with warranty of the husband which is father to him that is vouched, yet that notwithstanding she shall recover her dower against the tenant and not against the heir, because that else the king should lose the wardship of the lands where the woman may (without her loss) as well recover her demand against the tenant as she should against the king, and yet if the king were a common person in that case he should lose the wardship of so much as she demaundethe. 
26. E. 3. fol. 58▪ H. 8. E. 3. in Fits ti. Voucher P. 154.  And this book is .26. E. 3. where it is said that the kings committee of the wardship shall not have the prerogative, & therewith agrees. 8. E. 3. And note that like as the king hath prerogative against the wife that bringeth the writ of Dower, so shall he have prerogative against the tenant in the said writ of Dower: for notwithstanding that the tenant in the self same case have iudgemen, to recover over in value, against the heir which is in the kings ward, yet he shall have no execution of that recovery till the land be sued out of the kings hands. Howbeit 27. E. 3. 
27. E. 3. fo. 87  is contrary to the said book of 26. E. 3. ideo quere. And learn and inquire whether a woman being thus endowed at the hands of the feoffee of her husband of such lands as he died not sese of and whereof the king at that time can have no wardship, whether she may marry or not without the king's licence, & it seems she can not for any words comprised within this statute. And it appeareth in the book of Assizes. 26. E. 3. 
26. li. Ass. P. 57  that where a woman was endowed by garden in chivalry and afterwards the garden committed treason whereby the signory was forfeit to the king, that after this forfeiture she should hold of the king and not of the heir which was in the reversion, in which case then she can not marry without licence as me thinketh. Then further, it is to be seen to what lands the statute doth extend unto and to what not. It extends to lands holden in capite whereof any woman claimeth dower, as may apere by the words of the same statute and not to any other lands, for if the king have in his custody bishops temporalties during the time the Sea is vacant, and one that holdeth of those temporalties by knights service dieth his heir being within age, whereby the king hath the wardship of his heir and endoweth his wife, in this case she shall make no oath but may marry without licence. Like law is it where she is endowed of lands that are held of him that is the king's highness ward by reason of a tenure in Capite, for in both these cases the land whereof dower is demanded are not held of the king in chief, and this doth apere in the new Natura brevium fo. 264. and yet in both those cases she is endowed in the chancery, but what is that to the purpose? for so shall the heir in those cases sue livery of those lands, and yet they be never the more for the holden in chief, but only used for a solemnity because they were in the kings hands once by office, which is matter of record. The words of the statute be further. Et si se maritaverint sine licentia regis tunc rex capiet in manum svam nomine districtionis onnes terras et tennta quae de eo tenent in doten etc. These words be knit in a copulatife to the former words contained within this chapter, that is to say, where she hath demanded dower and is sworn not to marry, but if she will never demand dower of the lands holden in Capite she may marry where she will: for the words of the statute be quod assignabit viduis dotem, si vidue illi volverint, & so thinks justice Fitzherbert in his Natura brevium fo. 17●. How be it by the book in .40. 
40. Li. Ass. in Fitz ti. guard 40. r.  libro. Ass. it appeareth that the wife never demanded dower and yet had allowance of it and did marry also without licence and yet paid no fine, & therefore the case was: The king's tenant in tail in chief made a feoffment by licence and took estate again to him & to his wife and died, the wife takes an other husband and dies, after whose death the ancient estate tail being found by office, the licence was holden void because the king was disc●ued therein, and the second baron driven to answer for the mean profets of two. parts of the landlord but not for the third part, because she was endowable. quod nota. A woman tenant in dower of no man's assignment, & some there thought she should forfeit her dower because she was party to the deceit. Howbeit this case seemeth not to be properly within the compass of this statute. Also Fitzherbert in the said Natura brevium thinketh that where the king hath used to grant to other the marriage of his widows that a composition with the grantee made for the same (whether it be made by the wife or the husband) is as good as if it were made with the king, yet can not the grantee in such case compel her to marry, for the should be contrary to the statute of Magna carta cap. 7. which will the she shall not be constrained to marry by distress, but if she will she may live sole. Howbeit at this day by the statute of .32. H. 8. cap. 46. the composition is given to the master of the kings wards & liveries with iii. of the council of the said court. And likewise authority is given to them where the kings widows marry themselves without licence to tax a reasonable fine by their discretions according to the statute of prerog. regis which statute plainly setteth forth what hath been used to be done in such cases, that is to say, the value of her dower by one year, & therewith agrees the new Natura brevium. foe 174. And for the fine the king shall seize all the lands & tenements so holden in dower as it appears by the letter of the statute. How beit the Register giveth that the king may sese aswell the land of the husband as of the wife, because the marriage is a wrong done to the king but the statute is contrary to that, & therefore Fitzherbert in the said Natura brevium. fo. 1ST. thinks it to be no law: For as well might the lands that the woman hath of her inheritance be then seized, wherefore no other land ought to be sesid then that she holdeth in dower, as it appears in the said Natura brevium. fo. 2●●. And learn whether the woman obtaining dower at the hands of the committee or of the heir of lands holden in capite without making any oath may marry or not without licence, & as me seemeth she can not, for as soon as she is endowed of those lands she is the kings tenant & not tenant to the heir which is in the reversion: for if a trespass be done upon the land, she shall have a writ out of the chancery the one such hath entered upon the kings possession & the avowry to be made by the king resteth only upon her, & so is the opinion of wood in .1. H. 7. And yet the reversion is in the heier only, for if she do waste, 
1. H. 7. fol, 3.  the heier shall punish her for it & not the king. Then further, let us see of what force this dower is when it is made in the chancery, & how she shallbe admesured in the same if it be to , for if it be to little there is no remedy for her but to stand to her own harms if she in the chancery once did accept it, not forcing whether she were then within age or of full age, as it may apere in. 
18. E. 3. 29.  18 E. 3. The dowment in the chancery is of this force, that whether it be by right or by wrong it can not be defeted by way of plea without a suit made in the chancery for the defeting thereof, 
17. E. 3. f. 71. M. 31. E. 3 in Fitz. ti. Dower. P. 128.  as it appeareth in, the .17. & .31. E. 3. And therefore in a very strong case one doth traverse the office which is in the chancery by reason the land is holden of him by knights service and not of the king, and hath an ouster le main una cum exitibus: yet if she were endowed before in the chancery upon the office, her dower remaineth undefeted notwithstanding this traverse and ouster le main until an other suit be made in the chancery for the defeting of the same. Howbeit in this case if the dower be to much, the lord that tended the travers may have a writ of admesurement at the common law and so cause it to be admesured without suing to the king for the same. For it is no loss to his highness though she be admesured, seeing the land is not holden of of him, as it appeareth. 7 R. 2. 
7. R. 2. l Fitz ti. Admesur. P. 4.  and there it is agreed that the heir shall have a writ of admesurement of assinement of dower made by his ancestor, quere tamen. But the abatour shall not have a writ of admesurement nor garden en fait of assinement made buy garden endroit, nor if the heir within age, the garden of his heir shall not have a writ of admesurement. But take the case to be that a woman is endowed in the chancery the rest of the land there remaining still in the kings hands, if it be surmised by the heir or any other for the king that the land assigned to the wife is not extended to the very value, but that it is more in value than it is extended for, now upon this surmise there shallbe a new extent made, which being returned in to the chancery a Scire facias shallbe awarded against the woman, and if she be warned and come not, or apere and say nothing she shallbe newly endowed, as it is said in Natura brevium fo. 265. Then let us see farther at what time the woman may ask her dower in the chancery, and when she is endowed and loses her dower upon a recovery had against her by an eigne title how she shallbe recompensed. If the husband have land in diverse counties whereby after his death there be award several writz of Diem clausit extremum in to every of those counties she shall not be endowed until such time as all the said writs be returned again in to the chancery, as it may apere in .16. E. 3. 
H. 16. E. 3. in Fitz ti. Livere. P. 29  And note that when she is endowed in the chancery and afterwards loses by a recovery upon an eigne title, than she hath none other remedy but to cause the record of the same recovery to be removed in to the chancery, and upon the first record whereby it appeared she had dower and this other record of the recovery, she shall have a Scire facias reciting both the records against the tenant of the two. parts to resese the said two. parts in to the kings hands and to be newly endowed of the same, but not to recover any damages, not withstanding damages were recovered against her, & this appeareth 43. in the book of assizes. 
43. lib. ass. in Fitz ti. Dower. P. 79.  Now to the last branch of this statute, which is, that women that hold of the king in chief any inheritance of what age so ever they be shall likewise swear not to marry &c. By the order of the common law before the making of this statute all women that were within age & in ward should when they came of full, age be married by their lords every one of them with their portions, and if they were of full age at the death of their ancestors, yet should they nevertheless be in the lords keeping until their were married by the advise & disposition of their lords. For as Glanuille in his .7. book that he wrote in the time of king. H. 2. sayeth Nulla mulier heres terrae sine dnorum disposicione vel assensu maritare potest de iure vel consuetudine regni, and therefore saith he if a man have issue one or more daughters which be his heirs aparente & marrieth any of them without the assent of his lord, that be thereby forfeits his in heritance by the law and custom of the realm, so that he shall never recover it again but only through his lords mercy, and that for this cause: For when the husband of such a woman shall do his homage for the tenements so holden by knights service it is requisite to have the lords will & assent lest he be compelled to receive homage of his mortal enemy or some other unable parsonage, nevertheless if the tenant sue to his lord for licence to marry his daughter, the lord is bound to consent or else to show cause why he should not, and if he will not, the woman may marry where she lists without his assent. And the said Glanuill further saith, that Tenant in dower can not in likewise marry without the assent of him that is her warrant, that is to say the heier: And if she do she shall lose her dower, and yet there the husband shall do no homage, but what then? he shall do fealty and for that cause also she shall have licence. And further saith if she hold of diverse lords it is sufficient for her to have the assent of the chief lord. Also he saith that women being in ward Si de corporibus suis foris fecerint: which words as I understand them be if they commit fornication and that be proved, than they that offend shallbe disherited, so that her portion then goes to the other sisters that have not in the like offended: And if they all offend, than the lord shall have the inheritance by way of escheat. Howbeit saith he where they be on's married by the lords assent and after become widows they shallbe no more in ward, but yet if they marry again they must have his assent for the reason before made. But then after they have been once married, they shall not forfeit their inheritance for their incontinency, so that it appears plainly here by Glanuill that this hole statute of prerog. should be but a confirmation of the common law. And that the law was so as Glanuill took it, it may partly apere by the said statute of Magna carta cap. 7. For the words are not only quoth vidua securitatem faciet quod se non maritabit sine assensu nostro si de nobis tenuerit, 
Bracton libro 1, de custodia sockmanorum  but are also vel sine assensu domini sui si de alio tenuerit And Bracton agrees also with glanvil. Howbeit he saith where a woman in the life of her ancestors maries without the assent of the lord or where the widow maries without the asseent of her warrant, that the inheritance or the dower shall not now be forfeited, although in old time yet was. And farther saith that the heier in socage being a woman shallbe married by the lord like as she should be if she wear heier of lands holden by knight's service. And farther saith that the heier male shallbe married by the lord more than once, that is to say, as often as he shall come unmarried in the time that he is under the age of xxi. years. But now by the statut of w. 2. cap. 22. the lords are abreged of their power in these marriages of the heirs females, for if they now be within the age of xiiii. years at the death of their ancestor and the lord doth not marry them before they come to xvi. years, then shall they recover their heritage without any thing given either for the ward or for the marriage. And if their maliciously or through evil counsel refuse to marry where their lords do appoint them without disparagement, then shall their lord hold their land until they come to the age of xxi. years & longer until they have taken the value of the marriage. Out of this statute (if it be well considered) a man may gather that the common law was no less than is here recited. And this statute was made about the .3. year of king, E. the 1. a little before that Britton began to written his book: for Britton f. 169. says that the marriages should be offered to the heirs females before they accomplish the age of xiiii. years, and if not the lord shall lose his right in the said marriages. I suppose that the printer mistoke the number of the years and should have printed sixteen where it is but fourteen, and therefore it is good too see other copiees for this matter. And Britton. also sayeth that if he or she have been once married by the lord or in the life of their father or once agreed with their lord for their marriage, they shall never again be married by him, but may marry themselves where they list, so that they hold nothing of the king. And fo. 168. he saith that the king shall have the marriage of all the heirs females where they hold of the king of what age so ever they be as often as they shallbe to marry, so that they can not marry without the kings licence. Thus is the last clause of this chapter expressly proved by Britton that the common law did still remain as it was for the marriage of the heirs females in the kings case and not altered or abreged by the said statute of. west: primer, & therefore was the statut in the 39 year of king H. 6. the last chapter made in this wise. Item de avisamento, assensu et aucthoritate pred. ordinatum est & stabilitum qd mulieres existentes etatis. 14. annorum tempore mortis antecessorum svorum absque questione seu difficultate habeant liberacionem terrarum et tenntorum suorum sibi descensorum quia sic lex istius terrae vult quod tunc ipsi haberent. How beit this statute provides not where they be within the age of .14. years at the death of their ancestor, ideo quere. For as our late books go sins Britons time the king hath lost his prerogative, upon what occasion I know not, but I would gladly learn, 
35. H. 6. 46.  for Fortescue says. 35. H. 6. that when the heir female sues her livery she takes no oath that she shall not marry as the kings widow doth, and therefore saith he it should seem she should make no fine if she marry without licence. Howbeit Littelton says that if the heir female be of the age of 15. years at the death of her ancestor and marry herself without licence, that she shall make a fine, for it amounteth to an alienation. For after issue had the husband is become the kings tenant and he solely shall do homage in his own name. And yet afterwards in the 15. year of E. 4. the same Littelton says that the latter clause of the same statute is void, for the daughter which is inward marrying herself to an other without licence shall not make a fine to the king. Thus by the argument of the said book of .35. H. 6. it appears that they take the king to be bound by the said statut of. w. 1. and make him no better than a common person, whereat I have no little marvel sins he is not named in the said statute. For in the said book it is agreed by the court that if the k●ng after the age of 14. years and before 16. do marry the heir female she shall have livery forthwith upon the marriage, 
H. 35. H. 6. in Fitz ti, Gard. P. 71.  although she then be not of the age of xvi. years because that she was of full age before as it is there said, that is to say, as soon as she was. 14. And that two. years over is but only given for the marriage, which when it is once had and the .14. years past the king or lord lose their interest. And so it was granted that if she were married before the age of .14. and after her husband dies before the said age when she comes to the said age of .14. she shall have livery. And there it was also said that these two. years were given to the lord to tender her marriage in, for the tender before was void, because it was within the age of 14. years. But note that if the heir female being under the age of 14. years falleth in to the kings hands as ward because of certain lands that her father held of the king in chief, & by reason thereof the king hath also the lands inward which are holden of other in socage, in this case when she comes to the age of 14. years and is unmarried she shall not have livery of these lands holden in socage, and yet by reason of them the king hath not the marriage of her. But what then? she cannot sue her livery by parcels, and that is the cause that the hole land shall tarry in the king's hands till a hole livery may be sued of them all, and this appears in the new Natura brevium fo. 256. And last of all note that this latter clause extends not to women that claim by purchase but only by descent. And therefore it appears .15. E. 3. 
15. E. 3. in Fitz ti. Livere. P. 31.  that where it was found upon the Diem clausit that the wife was jointly infeoffed with her husband she had an ouster le main without finding any surety of her marriage. And note also that by the common law if one will marry the king's nief, 
33. li. ass. in Fitz ti. Travers. P. 36.  that is to say, his bondwoman without licence he shall pay a fine unto the king, as appears in 33. E. 3. li. Assisarum.   

The fifth chapter.  
ET si una hereditas quae de Rege tenetur in capite descendat pluribus participibus tunc omnes illi heredes facient homagium Regi et illa hereditas quae de Rege tenetur participabitur inter heredes illos ita quod quil'z eorum extunc partem suam tenebit de Rege.  
This statute is somewhat declared by a statute long time made before, that is to say in the 14. year of king H. the .3. called statutum Hibernie de coheredibus which for the better declaration of this prerogative I have also here noted. Henricus dei gratia rex Anglie dominus Hiberniae et dux Aquitaniae et Normann, comes Andigavie dilecto et fideli suo Gerardo filio Maurisci Iusticiar' hiberny salutem. Cum milites de partibus Hiberniae nuper ad nos accedentes nobis ostenderunt quod cum hereditas devoluta sit inter sorores in terra nostra hiberny Iustic' nostri in eisdem partibus itinerant' incerti sunt, utrum post natae sorores tenere debeant de primogenita sorore et ei facere homagium an non. Et quia predicti milites petierunt certiorari qualiter in regno nostro' Anglie in casu consimili hactenus usitatum fuit: sic ad instantiam eorundem vobis significamus, quod in regno nostro Anglie talis est lex et consuetudo in hoc casu, quod si quis tenuerit de nobis in capite et habuerit filias heredes, ipso patre defuncto antecessores nostri habuerunt, et nos semper habuimus et cepimus homagium de omnibus huiusmodi filiabus, et singule earum tenerent de nobis in capite in hoc casu. Et si infra etatem fuerint, nos habebimus custodiam earum et maritagium singularum. Si autem de alio domino tenuerint et ipsae sorores infra etatem fuerint, earum dominus habeat custodiam et maritagium singularum, et primogenita tamen faciet homagium domino pro se et omnibus sororibus suis, et alley sorores cum ad etatem pervenerint facient seruicia dominis feodi per manus primogenitaes. Nec potest primogenita ea ratione vel occasione, a postnatis sororibus homagium vel custodiam vel aliquam aliam subiectionem exigere, vel habere. Quia cum omnes sorores sint quasi unus heres de una hereditate, si primo genita posset habere homagium aliarum sororum vel custodiam petere, tunc esset illa hereditas divisa, ita quod primogenita soror esset simul et semel de una hereditate domina et heres. Here's autem suae partis, et domina sororum suarum, quod quidem in isto casu fieri non possit, cum ipsa primogenita nihil posset petere plus quam aliae sorores, nisi capitale mesuagium ratione eineciae. Preterea si primogenita huiusmodi homagium a post natis sororibus suis acciperet, esset quasi domina earum, et habere posset custodiam earum et filiorum suorum, et hoc esset quasi committere agnum lupo ad devorandum. Et ideo vobis mandamus quod predictas consuetudines quas in regno nostro Anglie habemus in hoc casu ut predictum est, in terra nostra Hiberniae proclamari ac firmiter teneri facias et observari. In cuius rei etc. Teste me ipso apud west. ix. die. Februarii. Anno regni nostri. xiiii. 
Glanuil li. 7.   
Before the making of this statute called statutum hiberny it appeareth by Glanuill which wrote in the time of king Henry the second that the husband of the eldest daughter should do homage unto the Lord for the hole inheritance, and that the other daughters or their husbands should do their service for their tenements unto the chief lord by the hands of th'elder sister or her husband, and yet they for the same should not be bound to do any homage or fealti to the eldest sister or her husband during their lives, ne yet that heirs that come of them in the first degree or second degree. But the heirs in the third degree by the law of the Land were bound to do homage & to pay relief for their tenements unto the heir of the eldest daughter Quod nota. And the reason of it after the mind of Bracton which agreeth with glanvil is this, that when issue descendeth of them to the 3. or .4. degree it is not like that issue should fail of their bodies, 
Bract' li. de home capiend.  and then may the heirs of th'elder daughter take homage very well, for it is unlikely that the eldest daughter or her heirs should then have the same by descent, for these be his words, Quia cum sint heredes tres de herede in heredem extunc vix poterin: deficere, et ideo tunc sequitur homagium absquedampno et periculo donatoris. For if therwere likelihood of the descent, in this case the taking of homage should be rather hurtful then beneficial: For by the ancient Laws if one had infeoffed an other to hold of him and had taken his homage, he could never be his heir afterwards, but the next under the feoffor & his heirs of the kindred should rather have it. As put case before the statute of Quia emptores the eldest son had enfeoffed the middlemost to hold of him and had taken his homage, the middlemost dieth without issue, the youngest should have had the land and not the eldest because of the homage that he took: howbeit if there were no younger son ne any other heir, than the feoffor might claim the Land again by escheat and not otherwise: for as long as there were any, the feoffor or his heirs of whom the Lands were so holden might not have it. And that Bracton showeth also in his first book in the title de maritagiins reversis ad donatorem ꝓ defectu heredis. For he hath this text or saying there, quod homagium expellit dominicum et retinebit seruicium & quod non potest quis esse dominus et heres: so that you may now perceive that this statute of Ireland agreeth with Glanuill, saving that Glanuill dilateth or declares the common law farther than this statute doth. Also Bracton saith further in his title of Homage that if the eldest daughter in this case will prevent the time and take homage before she needeth, she by that loseth the benefit of the descent, & saith that the reason why the ser●yce ought to be done by the eldest for them all is, because the lord shall not be driven to take his service by parcel meal, & further saith that although the eldest may not have homage of her sisters forthwith but must tarry a time, yet shall they out of hand do fealty unto her, & all the other services that are to be done, & the eldest shall do them over, which is contrary to Glanuill, for he saith the other sisters shall do neither homage nor fealty. Howbeit Britton fol. 175. agreeth with Bracton, and there setteth forth the manner of the fealty by the younger sisters to be done to the elder, & saith that it is at the election of the lord whether he will take homage & the other services by the hands of the eldest only for them all, or else of every sister severally for her service, for if he might not so do, the lord in process of time might happily lose the wardship of the heirs of the other sisters, because of the words in the writ of Ward, which are, that the ancestors died in his homage, & that would be hard to try when the homage was ever done unto him only by the eldest sister. And Bracton in his said title of Homage sayeth, Cum quelibet soror de facto acapitauerit dno capitali, hoc revocari non poterit a primogen vel eius marito, sed semper qd' factum est tenebit, quia capitalis dns quod ei oblat' est non recusabit, sed sive tenuerint de dno Rege sive de alio cum homagium factum fuerit sive ante tercium hered' siue post, statim sequentur relevium et alia seruic & a little before that sayeth, si plures sorores de dno rege tenuerint in capite tunc primogenit' missa omnes acapitabunt et homagium facient dno Regi, and therewith agreeth Britton. fo. 171. And yet fo. 198. saith that th'elder only shall do homage unto the king for herself & her sisters. Thus have you now th'exposition of the said statut of Ireland by the old writers, by which said statute & the said writers it appeareth that this statut of Prerogative is but a confirmation of the common law, & doth only set forth & declare what the king's Prerogative is when lands holden in chief descend to two coparceners. For in this the king hath a Prerogative above a common person, aswell for that they shall severally hold of his highness, as for that that his highness shall make the partition, for whether they be of full age at the death of their ancestor or within age, or some of them of full age & some of them within age, none of them that be of full age shall have any livery but with a partition, & that for the kings benefit: because that upon the partition every one of them shall have for his portion some part of the lands that are holden of the king in Capite. For if some should have for their portion only the lands holden of ●ther, than the king should lose his prerogative in those lands hereafter for ever, because that they that have them when they shall die hold nothing of the king in capite: and so might the king be diminished of his ancient rights of the Crown, which were against all natural equity.  
Wherefore the law was ever they should all hold of the king. And that appeareth by the writs of Livery, in which writes there is a proviso that every one of them shall have in her purparte parcel of the lands that are holden of the king in Capite, as you may see in the new Natura brevium fo. 2●●. And this livery must be sued with a partition or else it is missued, 
H. 16. E. 3. in Fitz. t. Liveri P. 29.  & it cannot be sued forth until such time as all the writes of Diem clausit extremum are come into the Chancery & returned, as appeareth. 16. E. 3. And then if all the coparceners be found of full age, than a writ shall go out of the Chancery to the Sheriff to extend the lands, & after the extent returned, a writ shall go to therchetour to make partition and livery according to thextent thereof made, as appeareth in the new Natura brevium fo. 262. But if one of the coparceners be within age and in the kings ward, than the partition may be made in the Chancery & then to have a write of Livery to thescheator of her part, or else it may be wholly done in the Country by thescheator like as they had been both of full age, that is to say, she of full age being there present in her own person, and she that is within age only by Prochein amye, as it appeareth in the said new Natura brevium. fo. 26●. Which write shallbe returned with the partition and afterwards enroled in the Chancery. And it should seem that if after the writ of extent returned she that is of full age do pray a write of livery with a partition, that she shall then never after have a reextent if so be that before it were so highly extended.  
Like law is it if the partition be not equal, and she notwithstanding will accept it. But in all those cases she that was within age if she have to little for her portion, she may have a write of participatione facienda against her other copercener or a Scire facias in the Chancery upon the record of Partition that is there, to show why new partition or extent shall not be made. By which writ if they be warned and come not, or come and say nothing, the land shallbe received into the kings hands, and a new extent made in the presence of the parties, which if it be not extended as it should be, they may pray a reextent before partition made: for after partition the prayer cometh to late. And this may ye see in the new Natura brevium. fo. 65. and in .2. E. 3. et. 
2. E. 3. in Fitz. ti. Liune P. 8. & 13. E. 1. eodem ti. p. 6.  13 E. 1. but learn whether she may defeat the partition by entre without suing any such writes or no, because the other are in by matter of record, the is to say, by livery, whereunto she is also after a manner party. So is it not like the case of a stranger, for a stranger that hath eigne title may enter upon them after Livery notwithstanding they have the possession by matter of record. 
á 7. E. 3. f. 36.  And it is said by Hill. 17. E. 3. that advowson assigned in purparty may be defeated by putting debate upon the presentment without any other Process:  
And note that sometimes the king is to take a detriment by the liver with the partition: As take the case to be where some of them be within age and in the kings ward and some of full age and their ancestor dieth seized not only of Lands holden in chief but also of Lands holden of other Lords, they of full age have livery with a partition, now the king leeses the wardwip of as much of the lands that are holden of other as they have Livery of, and yet if no partition had been made the king should have had the Wardship of the whole till the heir had come of full age, as Mombray affirmeth. 
M. 21. E. 3. 32  21. E. 3. And note also that of things entire the king shall have by nonage of one of them the whole, and the other that be of full age get no part of it ne yet livery thereof ne partition: as take the case to be this: A manner holden of the king in chief whereunto advowson is appendent descend unto three coparceners, and one of them is within age and in the kings ward, the other two that be of full age may sue their livery for the land with a partition, but not for the advowson: For that shall wholly remain to the king during the minority of her that is in ward. 
38. H. 6. f. 10. & M. 21. E. 3 fo. 34.  And this appeareth. 38. H. 6. et. 21. E. ●.  
And note that if upon partition made thescheator returneth that some have their parts delivered them and some not, because they sued not to him for it, they that did not sue, may at all times in the Chancery sue out a writ unto Thexchetour to have the same delivered unto them, in which writ there shallbe enclosed a transcript of the Partition, as it appeareth in the said new Natura brevium fol. 2●● and there it appeareth also fol. 293. that livery with a partition was sued for lands holden in Burgage: but by likelihood it was no comen burgage: for as it appeareth the heir did his homage for the said lands. And note also that if the Coparcener of full age take the part of her sister which is in the kings Ward by lease or grant of the king durant minore etate, by this she suspendes the partition: For notwithstanding she have the one moiety delivered her with the profits of the other moiety, yet when her sister cometh to full age, both they shall sue a new livery with a partition, as appeareth in the said new Natura brevium. fol. 2●2.   

The sixth chapter.  
SImulier ante mortem antecessoris sui qui de rege tenet in capite ante annos nubiles maritat' fuerit tunc rex habebit custodiam corporis illius mulieris usque ad etatem quod consentire poterit. Et tunc elegat ipsa utrum maluerit habere virum illum cui premaritat' fuerit vel alium quem Rex ei obtulerit. nullus qui de Rege tenet in Capite per seruicium militare potest alienare maiorem partem terrarum suarum ita quod residuum non sufficiat ad faciendum seruicium suum, fine licencia Regis, sed hoc non consuevit intelligi de membris et particulis earundem terrarum.  
This Chapter containeth two matters being divers in nature, and therefore I intend to sever and divide the one from the other, and the Chapter following to adjoin to the latter branch hereof, because they entreat both of one thing.   

The seventh chapter.  
DE Serieantiis alienatis sine licentia regis consuevit rex arentare huiusmodi Seri●antias per rationabilem extentam inde faciendam.  

13. H. 3. in Fitz. ti. Guard p. 147.  This statute is but a confirmation of the common law. For it is written in the .13 year of king H. 3. in this wise. Thomas summonitus est ad respondendum regi quare abduxit Helenam filiam et heredem E. etc. T. dicit quod ipse ꝑ assensum E. in vita ipsius E. desponsavit predictam Helenam in fancy ecclesie etc. et quia predicta Helena est infra etatem et cum ad etatem pervenerit potest consentire matrimonio vel dissentire, ideo remanet predicta Helena in custodia dni Regis usque ad etatem ut consentiat vel dissentiat etc. Here it is not set forth nor expressed what is th'age in a woman to consent to matrimony, and that is all that is to be sought upon this statute: for Bracton in his first book in the latter end of a chapter which hath this paragraph. s. De minoribus qui debent esse sub tutela et Cura dnorum vel parentum saith quod femina septimo anno etatis sue potest consentire matrimonio, et virum sustinere anno duodecimo, for he saith, quod femina maius est capax doli quá masculus, et quod maturiora sunt vota mulieris quam viri: So that by him it appeareth that a Woman may consent to matrimony after she is vii years of age. And so I judge the law was at that time taken. For it appears in the time of king E. 1. that a man that held by knights service married his heir apparent being under age & died, 
13. E. 3. in Fitz. ti. Guard p. 138  the lord claimed the wardship of the body, & an issue was tended against him, that at the time of the said marriage the infant was of th'age of seven years, and this issue was received by the Court for a good issue to bar the lord of the wardship of the body, qd' nota, Howbeit it appears not by the said book whether the heir were male or female. & Wangford says An. 35. H. 6. fol. 37. that when a woman is vii years of age her ancestor may then gather aid to marry her, which saying argueth as me seemeth that she is then marriageable. And also this seems to make with Bracton, Howbeit the law is not so taken in these days. For she cannot now consent to matrimony before th'age of .12. years. This statut spekes only of the heir female, and yet Cheiny saith in .7. H. 6. 
M. 7. H. 6. ●● 30. E. 3. in Fitz. ti. Guard p. 156. & 128  that the heir male shallbe taken within the compass of this statute by an equity, because the statute is beneficial: And so it should appear .30. E. 1. where the son was married in the life of his ancestor then being no more than of chage of .v. years, & when the child came to phage of xii. years thancestor died & the court adjudged in this case that the lord should have the wardship of the body, to th'intent that if the enfant hereafter ere he pass th'age of .14. years disagree to the first marriage, the lord may have the marriage of him: And so it may appear by this book that this statut is but a confirmation of the common law, for every lord shall have like advantage in this case as the king shall have, & therewith agrees Paston. 7. H. 
M. 7. H. 6. 11  6. adding farther to this that by the order of the common law before this statut of Prerogative, if the heir would have stand to the first marriage when he or she came to the years of conset, they should have paid the double value: & by this statut they pay nothing, & therefore the case was there: The king's tenant in chief having a son & heir of phage of .14. years doth marry him & dieth, the king offers the child marriage at the age of .14. years, which he refuseth, & holds himself to the first marriage, & adjudged that then fant might so do & that for the same he should never pay the double value ne single of his marriage, & there Babthorp saith that if the woman had died the heir being within the age of consent, the king should have had the marriage of the child, notwithstanding that he was once married in the life of his ancestor, for it was no marriage, but at pleasure: and therewith agrees Britton fo. 169. Yea although the wife had died after the years of consent and before the child had come to th'age of xxi. years, quere of this matter for I am informed that the law is not taken at this day as the said book is in .7. H. 6.  

¶ Now to tother branch of the Statute and the chapter next following the same.  
It appeareth by Glanuill in the beginning of his seventh book, that every freeman having land whether he had an heir apparent then living or not, or whether the said heir apparent would consent to it or not, yet might he give some reasonable portion of his lands with his daughter or any other woman in marriage, or to any man that had done him service, or in alms to any religious house, or to any other whom he would, so the said gift were made in his health, for in extremity of sickness he might not be suffered so to do, lest it should be thought to be done rather of a rage and fury of the mind, which through sickness for the most part cometh to men, then of any good discretion, and so might he in his gift exceed measure. Howbeit such a gift in sickness was ever good with the consent of the heir or with his confirmation. Again if he had many sons, he could not without the consent of his heir apparent give any portion of his inheritance to any of the younger sons, for so might he disherit th'elder through affection that the fathers lightly bear towards their younger son more than towards th'elder. But of his purchased land he might give the younger a portion whether th'elder would or not. And if he had none issue he might give away all his purchased lands. But of the lands of his inheritance he might give away no more but a reasonable portion. And if the lands were departible amongst the heirs males, then might the father in his life time give every child what portion he would, so it exceeded not the portion that should descend unto him. And in that case whether the gift were of lands purthased or of inheritance it made no matter. Howbeit neither Abbot nor Bishop might in any of these cases give any portion of their lands away, without the kings assent or his confirmation, because their baronies be of the alms of the king or of his progenitors. Hitherto have ye heard what Glanuill hath said. After this was the Statute of Magna carta made, where in the .31. chapter thereof it is written, Nullus liber homo det de cetero amplius de terra sua vel vendat de cetero, quam ut de residuo terre sue possit sufficienter fieri dno feodi seruicium ei debitum quod pertinet ad feodum illud. Which statute is but a confirmation of the common law, as it doth appear by that that is written in Glanuil. for so one that had held by knight service if he might have been suffered to alien the greatest part of his land he would have aliened the same peradventure to hold of him but in Socage or by some small rent, & than having so little a livelyhod left to himself, how had he been then able to have done the service of a knight or a man of war, or what should his lord have had in ward to have found one to have done that service, surely little or nothing. Whereby the strength of the Realm might have much decayed: therefore it was a reasonable law to restrain him as me seemeth. Howbeit Bracton in his first book under the title, Si ille cui datum est rem datam ulterius alteri dare possit disputes this matter after a sort, that is to say, whether the tenant may enfeoff an other agaist the lords will or not, & he there affirms he may, yea & that to hold of him by what service he will, & calleth it Damnun absque iniuria, seeing that though the wardship be not so good after alienation to the chief lord as it was before, yet the relief is as good in every point, & then if the lord be served either of the wardship or relief, he hath all that knights service requireth. Howbeit saith he when the tenant is so disposed to sell his land, the lord shallbe preferred to the sale thereof before a stranger giving as much as an other will. It seemeth by Bracton that it was very doubtful notwithstanding the statut of Magna carta whither the king's tenant might alien his whole tenancy or not. And therefore was the statute of Quia emptores terr' made, where it is provided that from thenceforth which is in the .18. year of king E. the first & after bracton's time, it should be lawful for every free man to sell his lands or tenements or any part thereof at his pleasure to hold of the chief lord by the same service that the feoffor held. Provided always that by any such sales there comes no lands to Mortmain. This statut remedies the mischief that was found in the wardship, but not the other mischief that is to say touching the defence of the realm. For when one man's living is so dismembered never a one of them is able to do the service of a man for want of lyueho●e. Yea and much more unabler since this Statute, than before. For before where he gave it to hold of himself, he reserved somewhat in place of the land that went from him, where as now he can reserve nothing of comen right, Howbeit notwithstanding that this statute of Quia emptores terrarum, made it lawful for all other men's tenants, Yet was it not lawful by the said statute for the king's tenants so to do, that is to say, neither to alien the whole, nor any parcel thereof without the kings licence. And that appeareth by Bracton fo. 88 Which speaks generally that the king's tenants in chief cannot dismember his fees without his licence. And because that before the time of king Edw. the first they might have aliened without licence to hold of themselves, as other men's tenants might have done in the like case, & thinking it more lawful for them so to do after the making of the said statut of Quia emptores than before, it was thought good to provide some stay for the same by this statut of Prerogative. And yet by the words of the other chapter following it appeareth that the king's tenant by grand sergeanty, could never have aliened any lands holden by grand serjaenty without the kings licence. For that was so high a service, as Bracton in his first book in the title de magnis serianciis names it Regale seruicium, & saith it was first invented within this realm in the time of the Conquest, that they could not dismember any part thereof without the kings licence. For he saith in another place in the said book amongst his writes of partition. Quod seriantia dividi non debet ne cogatur Rex accipere seruicium suum per particulas. Howbeit since the making of this statut of Prerogative, sundry opinions have risen in these matters as may appear by the statut made in the first year of king E. 3. ca 12. Which saith in this manner. Item pur ceo que plusours' gents du Realm soy pleinont deste greues de ceo que terres et tenemnts que sont tenus en chief du roy, et aliens sans son congee ount este pris avaunt ceux heures en mains le roy et tenus come forfeits, le roy, ne les teigne my come forfeits en tiel case, mes voet et grant que desormes de tiels terres et tenements aliens soit reasonable fine pris en le chancery per due process, So that by this statute it appeareth they took the lands to be forfeited that were holden of the king in chief and aliened without his licence. And so it appeareth by a book in .14. E. 3. where Wilby saith that at this day lands holden by grand serjaenty and aliened without licence be forfeited. 
14. E. 3. in Fitz ti. Quare imp. p. 54.  For the service of one man's body cannot be changed into another man's body without the kings assent. Also in the said first year of king E. 3. the. 13. chap. It is provided in this wise. Et auxi come plusors gents du people soye plenont deste greues per purchase de terres et tents que ont este tenus des ancestors le roy que ore est come des honours, et mesmns tiels tenements on't este prizes en le main le roy, auxi si come ils eussent este tenus du roi en chief come de sa corone, le roy voet que mes ne soit home encheson pur nul tiel purchase. By this statut it appeareth that if a man hold of the king as of any honour which is come to his highness by descent from any of his ancestors, that by reason thereof he should not hold in Capite: For that was contrary to the law, as if may appear by the words of the Statute, which saith that the people complained themselves to be grieved hereby, Which is to be understanded unjustly grieved, for by the words in the first chapter of Prerogativa Regis it appeareth that if it shallbe said a tenure in Capite, it must be holden of the crown of a long time. s. ab antiquo de Corona And that is it not when it is but newly come: and the statute of Magna Carta. ca 31. did help this matter by express words, If such an honour came to the crown by way of escheat, but not if it came by way of descent or any other way. And that statute doth set forth certain honours by name which be not of the ancientness of the Crown, that is to say the honour of Wallingforde, Nottingham, Bolingbroke and Lancaster. Therefore he that holdeth of the King as of these honours, holdeth not of the king in chief. But other honours there be which of so long time have been annexed to the Crown that to hold of them is to hold in chief, as it appeareth in the new Natura brevium. fo. 2●●. & f. 289. Where one held of the king as of a certain honour to yield a certain rent to the keeping of the castle of Dover, this was there taken to be a tenure in chief. And so it was where one held of his highness as of the honour of the Abbey of Marle. Therefore learn what honours be of the ancientness of the Crown: and what not. Also there is another Statut made in the .34. year of the said king the .15. chapter. which saith in this wise.  
Item accord est et establie que alienation de les terres & te nements faits per gents que teignont du roye Henry besayl au roy que ore est ou des auters roys devant luy, a tener de eux mesmes, que les alienacions estoient en lour force. Saluant touts foits a nostre seignour le roy sa prerogative de temps son aiel son piere et son temps demesne. 
M. 20. E. 3. in Fitz. ti. Ass. P. 122. & P. 124. & 26. li. ass. eodem ti. P. 146.  This latter statute doth argue that the king ought to have prerogative since the time of king Edward the .1. & none before. And surely so was the law taken, as it appeareth .20. & .26. E. 3. & therefore to th'intent these alienations made in king H. the .3. days & before should not now be brought in question, this statute was made so that his grace should have fine for all alyenations without licence made since king Edward the first time, but not for any made before. And this should be the meaning of this statute, which (under correction) is mistaken by master Fitzherbert in his Natura brevium. fo. 226 Howbeit for mine own opinion I do not see by all these statutes but that the king hath his Prerogative by thorder of the common law, at lest wise as the comen law hath been taken since the time of king Edward the first, or else he could not have it now, for any thing that I see provided for him by these statutes. For this statute of Prerogative goeth but to that where his tenant in chief alieneth the greatest part without licence, Ergo He may alien the lesser part without licence, and so doth the statute expressly set it forth, except you will say there be two licences understanded here, that is to say a general licence by the order of the comen law, and a special licence by this statute, th'one to be requisite where any parcel is sold, tother when the more parcel is sold. Therefore inquire and learn what other men's opinions are upon this statute. For I find no book to prove it common law before Britons time, for Glanuill ne Bracton speaketh any thing of it. And where this statute of Prerogative speaketh only but of knights service, the law is otherwise taken. For if one do hold of the kings highness in Socage in chief he can alien no piece without licence. Then let us see what things may be granted or done without licence and at what time: And how the tenants that hath licence shall pursue the same. The kings tenant that holdeth of him in chief may grant a rend charge out of the same without licence as it appeareth .40. li. ass. et. 7. H. 6. 
40. lib. Ass. in Fitz. ti. Licence. P. 4. M. 7. H. 6. f.  For the king by that shall sustain no detriment. For his highness need not to hold it charged except he wil But if one hold an advowson of the king, or a rent, & granteth over the same without licence, the granter shall pay a fine. 
21. E 3.22  And that appeareth. 21. E. 3. For there the case was that upon licence with a partition, an advowson was allotted solely to one of the coparceners & after by composition between her & her fellows she was agreed to leave thadvowson again in common amongst them all & to present by turn, & adjudged that this was an alienation, for the which she must make a fine: For before she was tenant solely and now she is become tenant jointly again with her fellows. The like law is it if there be lord mesne and tenant, the king is the lord and the mesnalty is holden of him in chief, if the mesne release to the tenant without licence, 
38. lib. Ass. in Fitz. ti. Fines p. 109  he shall pay a fine, as it appeareth 33. li. Ass. and yet the release goeth there by way of extinguishment, but what then? he holds now by the service the mesne did, that is to say, in chief, and so thereby the tenancy is altered. The self same law is it if two jointenants be, and th'one release to tother without licence, the king shall seize for a fine, 
40. lib. Ass. in Fitz. tit. Licence. P. 4. et P. 8. H. 4. tit. codem P. 1.  as it appeareth. 40. li. ass. et. 8. H. 4. For the like reason that is made in the case of the coparceners before. But where there is nothing but a bare right released which goeth by way of Extinguishement otherwise it is. For they of thexchequer upon a fine sur release only use to make out no process to answer the king of an alienation. The kings tenant in chief may make a lease for term of years without licence, but not a lease for term of life, nor no higher interest; 
P. 45. E. 3. f. 6.  as it appeareth. 45. E. 3. and in the new Natura brevium. fo. 198. Then at what time or how he should pursue his licence: if the licence be granted by one king he cannot by virtue thereof alien in the time of an other king as it appeareth 2. E. 3. Like law if the lands be in the kings hands for Primer seisin or alienation without licence, 
P. 2. E. 3. in Fitz. ti. Offië de court. P. 29.  at which time the king doth licence his tenant to make a feoffment, he cannot make this feoffment till the lands be out of the king's hands, as appeareth. 21. H. 7. 
H. 21. H. 7. 7  Also he that hath licence may not vary from it in any point: As if the king licence the Abbot and Covent to make a feoffment, and th'abbot sole will make it this is void, as appeareth. 21. H. 7. 
H. 21. H. 7. 8.  And there Frowike said that if the king licence me to make a feoffment by deed, I can not make it without deed Nec econtrario. 
H. 3. E. 3. in Fitz. ti. Fines p. 164.  And herewith agreeth the book of. 3. E. 3. Where the licence was to levy a fine of the manner of Dale to find two chaplains and he would have levied the fine leaving out the chaplains & could not be suffered. And. 30. E. 3. 
18. E. 2. in Fitz. ti. Fines P. 124 M. 30. E. 3. 22  the licence was to levy a fine of the manor of Dale yielding a rent, and he would have levied the fine of the manor with a Forprise, that is to say, excepting certain acre's parcel of the manor yielding the rent, and could not be received so to do, for that should not agree with the licence, which would the whole manor to be charged with the rent. But if there had been no rent reserved it seems he mought have aliened any part of the manor by a licence of alienation of the whole manor tamen quere, For it should seem to be within the words of this statute which would you should not dysmember the king's fees, and learn if the king licence his tenant to make a feoffment, whether he may make it upon condition or not, for they use when a condicionell feoffment is to be made to express the condition within the licence: & if the condition be to make an estate again to the feoffor, all this goeth under one fine & in one licence. And note that if the justices before whom the fine shallbe levied be informed that the lands are holden of the king and that so appear to them by any record, they will not take the fine till they have seen the licence nor yet engross it till they have received a write out of the Chancery called Quod permittat finem illum levari, by which they may be fully certified of the kings pleasure, which writ appeareth in the new Na. bre. f. 147 and that they have thus used it appeareth 4. E. 2. & 33. H. 6. But they never used so to do upon a recovery in these comen writs of entre in the post, 
4. E. 2. in Fit. ti. fines. p. 1●5. M. 33. H. 6. ●  because the recoverer in such case should pay no fyne: for it was no alienation since the recoverer claimed not in by the tenant. But now by the statute made in the .32. year of king Henrye the 8. it is ordained that the recoverer in such case should pay a fine for alienation. And note that if an alienation be made without licence the pardon is most commonly made unto the Feffee and not to the Feoffour. And so I suppose it ought to be, because the wrong groweth by the entry of the Feffee which hath entered the kings fee without his licence.  
And therefore the case is 14. H. 6. that where the kings tenant aliened without licence, 
14. H. 6. 27  and took estate again to him & to his wife in tail, the remainder over to his right heirs and dieth without issue, and the king pardoneth the wife all manner of alienations, this was thought good to exclude the king of his fine that he should have had for the said alienation. And it is further to be noted that the licence must be purchased upon a true suggestion or else it is void. For if the kings tenant in tail pretending to be tenant in fee simple will purchase licence to make a feoffment, this is a void licence, as it appeareth 40. li. ass. 
40. lib. Ass. in Fitz. ti. Guard p. 1.  And in all cases where the king's tenant in chief will dismember his tenant, that is to say alien any parcel hereof without licence, the King may distrain for his whole rent in the parcel so aliened, but if he have the kings licence to make such alienation, the alience shall have a writ in the chancery called de deonerando pro rata porcione, that he shall no further be charged then after the quantity of the portion that he holdeth. This writ you may see in the new Natura brevium. fo. 2●4.    

The eighth chapter.  
DE ecclesiis vacantibus quarum advocaciones spectant ad regem & alij presentaverint ad easdem: Ita qd' contentio inter dominum regem & alios oriatur, si Rex per consideracionem curiae presentationem suam recuperaverit licet post lapsum sex mensium a tempore vacationis nullum currit ei tempus, dum tamen rex presentauerit infra tempus sex mensium.  
Of this chapter I find nothing neither in Glanuile, Bracton nor Britton ne in any other old writer before the making hereof, saving that I find this text both in Bracton & Britton. s. quod nullum tempus occurrit regi, which Bracton in the beginning of his first book under this title que res dari possit applieth unto liberties appertaining unto the crown saying in this wise, quod illi qui huiusmodi libertatem sibi vendicat doceat huiusmodi ad se pertinere, quia si warrantum non habuerit speciale in hac libertate defendere non poterit, quamuis pro se pretendit seisinam longi temporis, diuturnitas enim longi temporis in hoc casu non minuit iniuriam sed auget, nec in isto casu currit tempus contra regem, nec incumbit ei probatio qd' ad ipsum pertinet cum constare debeat singulis quod huiusmodi de iure gentium pertineant ad coronam. sed sunt alie res que pertinent ad coronam que non sunt ita sacre quin transferri possunt, sicut sunt fundi, terre & tenementa & huiusmodi, per que corona Regis roboratur, et in quibus currit tempus contra regem sicut contra quamlibet privatam personam. This it appeareth by Bracton that this text doth not serve the king in all cases, for prescription shall hold sometime against the king in such things as a man may prescribe in, 
8. H. 5. ti. traverse. P. 47.  as it is comen in our books that one shall prescribe for waif and straif and such like against the king. And also it appeareth in the book in 8. H. 5. that the king may surcease his time: as where it is found that tenant for term of life hath forfeited his estate to the king, whereby the king ought to seize, if his grace seize not but tarry till he be dead so that he in the reversion entereth, he can not then seize, & so it may appear unto you that though this be an auncien text. quod nullum tempus occurrit regi, yet in cases it doth: & where this text is only appointed by this statut to serve where the bishop taketh the benefice by laps, yet by an equity it is taken in some cases to extend to a plenarty, that is to say, where a stranger hath presented & his clerk is in by six months: As take the case to be where the king hath advowson in ward & a stranger usurps and his clerk is in by six months before the king bring his Quare impedit, yet shall this plenarty be no plea against his highness, but that he shall recover: and the reason of it is, because else the king should be without remedy. For writ of right he cannot have having but an estate in the thing as garden. Wherefore in this case nullum occurrit ei tempus, for else it should appear that a stranger might hold a thing merely by wrong against him without any good ground or beeginning that can be intended of it, which case is agreed .18. E. 3. et 43. 
P. 18. E. 3. fo. 15. P 43. E. 3. fo. 14.  E. 3. But yet in this case the king may not put out thincumbent which is admitted, instituted, and inducted in the benefice without suit, that is to say, Quare impedit, because it is so provided by the statute of .25. E, 3. capitule .3. & .3. R. 2. cap 1. Like law is it if the kings tenant be seized of a manner holden in chief to the which advowson is appendent and alienethe the manner with the advowson without licence, after the church beecommes void and a stranger usurps and so twenty usurpations one after an other, and afterward these alienations without licence are found by office, and the church becomes void, the king shall present notwithstanding those usurpations, and if the church be full, 
H. 4. E. 3. in Fits, ti. quare impedit. 33.  his highness may have a Quare impedit against thincumbent Causa qua supra. And this appears in .4. Edward the third. But if the king be seized of an advowson in his demean as of fee, it seems that plenarty shallbe a good plea against him, for there his highness hath remedy provided him, that is to say, 
18. E. 3. f. 15. 43. E. 3. 14.  buy writ of right, and so is th'opinion of Shared & wylby 18. Edward the third. Quere, for in the books of .43. Edward the third, the defendant durst not abide by the plea but traversed the title that was made for the king. And learn whether plenarty be a good plea against the queen which holdeth for term of life the reversion to the king, 
P. 18. E. 3. f. 13.  for this case is also left at large in. A. 18. Edward the third. Now to the statut, where the words be that no laps shall hold against the king if he present within six months. These words if he present within six months be void, for though he present not, yet title of laps shall not take place against him by this statute, 
P. 18. E. 3. 21  and therefore the book is .18. Edward the third, that where the laps was incurred in the life of the kings tenant and before the ordina●●● presented the tenant died, and it was adjudged that the king could not present within the six months, because his tenant was then alive. What say you then to this case, if the laps did incur after the death of the kings tenant and before office found, the king not withstanding shall have the presentment after office found as it is 'greed 14. Henrye the seventh, 
P. 14. H 7. 22  and yet there the king might have presented after the death of his tenant before office found and did not. And in the said book of .14. H. 7. it is left for a question, sins the ordinary can not present by laps against the king, how & in what manner the cure shallbe served in the mean time that is to say, between the laps and the kings presentment, some think in that case that the ordinary should present one for the mean time which should be removable always at the kings pleasure, and some other think he should sequester the fruits to find the cure Ideo quere. And Bracton li. 3. in the writ of Darrein presentment sayeth that this title of presentment by laps was given to thordinary by a constitution made in the council of Lateranense.   

The ninth chapter.  
REx habebit custodiam terrarum fatuorum naturalium capiendo exitus eorundem sine vasto & distruccione, & inveniet eye necessaria sua de cuiuscunque feodo terre ille fuerint, & post mortem eorum reddat eam rectis heredibus, ita quod nullatenus per eosdem fatuos alienentur nec quod eorum heredes exheredentur.  
This prerogative began in the time of king E. 1. as it should seem to me, because I find none that wrote of it before Britton, for Bracton speaks but a little of Idiot's i● his fifth book in the title of exceptions against the plaintiff where he sayeth: it is a good exeption to the parson of him that complaineth or bringeth any action to say he is a fool natural, quia tales non multum distant a brutis qui ratione carent, nec valere debet quod cum talibus agitur, sed tamen discussio huiusmodi exceptionis discrecioni judicis re linquitur. and sayeth like law is it of him that could never hear nor speak from the time of his nativity, & quod invenienda sunt eis necessaria quoad vixerint per officium judicis pro qualitate person & hereditatis quantitate si heres esse debeat, & si semel authoritate curatoris adquisierit si fuerit inde eiectus recuperabit per assisam sicut minor. By this it appears that the king had no prerogative but the judge. Howbeit Britton. f. 167, sayeth that the king ought to have his prerogative herein, for these be his words: Et pur ceo que ascun foites avient que ascun heir est sot naste, ꝑ quoy il nest my able a heritage demander et garder, volumus q̄ tiels heirs de qui que ils ne unques teigonnt males & females demurgent en nostre guard ouesque toutes lour heritage's, savant a chescum seignour touts auters services que a luy appendaunt de terre tenus de luy, & icy remainount en nostre gard tant come ils duront en lour sotie, & ceo ne voilomus nous my de ceux qui deveignount sotes per ascun malady. Upon these words of Britton I note three things, one is that the king shall not have the custody during their liefes but during their Ideocy, the second notwithstanding the land is in the king's hands, yet the other lord shall have their signories, which is by way of petition as I take it: and the third is that the other lord shall not have the wardship of the heir nor of his lands but only the king: which thiede things by this statute of prerogative are not so plainly set fourth, and also by this statute it appears that the king shall have the custody of such Ideottes during their lives, for the words be, Et post mortem eorum reddat eam rectis heredibus and not before. The manner how the king shall come to his prerogative appears by a book case .16. Edward the third, 
16. E. 3. in Fits. ti. Livery P. 30.  where Shared says that when the king is informed that there is such an idiot his highness shall send for him and cause him to be brought before his chancellor or some other whom he shall appoint, and if by examination he be found an Idiot, yet his highness ought not to seize his lands until such time as he be found an Idiot by office. And in the new Natura brevium folio. 232. it appears that the king appoints all this matter to thescheator or sheriff both to examine and inquire, in which said Natura brevium folio. 229. it appears that this office when it is found shall have relation a nativitate to avoid all mean acts done by the Idiot, that is to say, his feffements or release: but learn and inquire whether such feffees shall be put out by th'office without any Scire facias to be awarded against them. 
M. 18. E, 3. in Fits. ti. 30. Scire facias. P. 10. et. 106.  In 18 & .32. E. 3. a Scire facias was awarded in that case, and learn also whether the office shall have relation for the profits from the time of his nativity or only from the finding of th'office. Then to the exposition, the words be, Rex habebit custodiam terrarum fatuorum naturalium. By these words it appeareth that he must be a fool natural, that is to say, a fool a nativitate▪ for if he were once wise and became a fool by chance or misfortune, 
M. 18. E. 3. Fits. ti. Scire facias. P. 10.  the king shall not have the custody of him, and so it is agreed in .18. E. 3. And also in the new Natura brevium. fol. 2●3. and the manner of the trial of him to be a fool natural appears in the said Natura brevium folio. 233. that is is to say, if he cannot tell to twenty pence, or tell his age, or who was his father and mother, or such like things: whereby it may appear he hath no kind of understanding in that that is either for his profit or damage. But if he be learned or apt to learn, then is he no Idiot as master Fitsherbert there thinks, 
M. 31. E. 3. ti. saver de default. P. 37.  and Grene sayeth in .31. Edward the third, That if he be able to beget either son or daughter he is no fool natural. The words of the statute be further, Capiendo omnes exitus eorundem sine vasto et destruccione et inveniet eye necessaria sua. By these words it appeareth that the king may take the profetes to his own use, finding them their necessaries. And therefore in the book before of Tricesimo primo of Edward the third the king did not let the land unto one of the cousins of the Idiot yielding a rent (butt these words, finding them necessaries) is not only mente to the Ideottes themselves, but also to all them that hang upon them, as their wife children and family. And also by these words sine vasto & destruccione, 
M. 3. E. 2. in Fits. ti. Gard. P. 5.  it appeareth the king is bound to reparations of their lands and tenements. The words be also, De cuiuscunque feodo terre ille fuerint By those words it should seem the king should be preferred in this title of Ideocye, before any other lords which might claim the Idiot as his ward, howbeit learn what other men think therein. Et post mortem eorum reddat eam rectis heredibus. Buy these words it should appear that the king should save the custody during the life of the Ideof, and that than an Ouster le main in nature of a livery shallbe sued of the same out of the kings hands: butt whether it shallbe made with the issues and profits from the time of the Ideottes' death, or only butt from the time of the tender of the Oustere le main learn, butt if the lands that the king had so in custody be holden of him in capite, then notwythestanding these words of the statute yet the king shall have wardship, primer seisin, and all other prerogatives as if his tenant in chief had died seized thereof, being no Idiot, as it may appear in the new Natura brevium. fol. 2●6. And there it appears folio. 2●2. also, that although the Idiot held no lands of the king, yet a Diem clausit extremum shallbe awarded after his death to inquire what lands he died seized of, of whom they are holden etc. And it is to be noted that if one be found Idiot by office & before the king seizeth the lands the Idiot dies, yet the king shall seize, because of these words in the statute ● post mortem eorum reddat eam rectis heredibus. which his grace cannot do but upon a seizure, and this appears 18. 
M. 18. E. 3. in Fits. ti. Scire facias. P. 10.  Edward the third. And note also that if there descend to an Idiot no possession in lands butt only a right, be it right of entre or title of entre or right of action, the king shall not enter and have the custody of the same, 
1. H. 7. 15.  as appears in. 1. Henrye the seventh, and yet if his tenant of lands holden of him by knights service be disseised and dieth his heir within age, the king shall enter and hold the same in ward: and therefore learn what is the reason that should make a difference in these cases. The words be further Ita quod nullatenus per eosdem fatuos alienentur nec quod eorum heredes exheredentur Buy these words it appeareth the lands cannot be aliened by the Idiot nor the heirs disherited, and therefore if the Idiot make a feoffment or release of his lands and that found by office, the king shall avoid it as I have before noted, and so likewise his heirs after his death by force of these words of the statute. And yet it appears .31. E. 3. that a recovery by default passed against an Idiot, but execution of the judgement was stayed because of the kings possession: which proves that notwithstanding the king have the possession during the Idiots life, yet his highness hath no freehold thereby but only a bare custody, for the freehold remains in the heir. And therewythe agrees. 17 Edward the third. 
H. 17. E. 3. 11  But what than? this recovery is not like to this alienation, for by the recovery the Ideottes' heir is not dysherited by thact of his ancestor if so be that the recovery wear upon a good title. And it appears in .33. 
P. 33. H. 6. f,  henry sixth, that an Idiot shall not be received to plead by garden or Procheyne amye, but he him self shall appear in proper person in every action brought against him, and whosoever will plead best for him shallbe admitted: and learn and inquire if the Idiot be but tenant for term of life or years if the king shall have his prerogative therein or not, because the Idiot cannot alien that land to the disherison of his heir: and if he shall, how the lessor shall punish the waste done in the kings tyme. And learn also whether the king shall have the goods of an Idiot as well as land, then last of all if one be found Idiot which is none in deed. The manner how he shall avoid this office appears in the new Natura brevium folio. 233 that is to say, he that is falsely found to be an Idiot either by himself or his friends shall come in to the chauncerye or before the chancellor of England and the kings counsel and pray to be examined of his ideocye, or he may sue a writ out of the chancery to him that hath the keeping of him to bring him before the king and his counsel to be examined, and if he be found upon his examination to be no Idiot, then by that is th'office and all the rest of the process avoided without any farther traverse: howbeit where a Scire facias is awarded against the feoffee of the Idiot, there the feoffee appearing upon the Scire facias may traverse the Ideocye, as it appears, he did in the book before of .18. Edward the third. And note that by a statut made in the .32. of Henry the eight the xlvi. chapter, Ideottes and their lands be in the survey of the court of wards, and the same court may let and set their lands, but not to grant the custody of their bodies for any words that I can perceive in the same statute.   

The tenth chapter.  
ITem rex providebit quando aliquis qui prius habuerit memoriam & intellectum non fuerit compos mentis sue sicut quidam sunt per lucida interualla quod terre et tenementa eiusdem saluo custodiantur sine vasto & destructione, & qd' ipse & familia sua de exitibus eorundem vivant & sustineantur competenter, & residuum ultra sustentacionem eorundem rationabiliter custodiatur ad opus ipsorum, liberand' eisdem quando memoriam recuperaverint, ita qd' predicta terre et tenementa infra predictum tempus nullatenus alienentur, nec rex aliquid de exitibus percipiat ad opus suum. Et si obierit in tali statu, tunc illud residuum distribuatur pro anima eiusdem per consilium ordinarij.  
It appeareth buy Bracton in his fifth book among thexceptions to the person of the playnetyfe that it is a good exception to say that he that is demandant or plaintiff is of Non sane memory. For these be his words. Competit etiam tenenti exceptio peremptoria ex persona petentis si petens furiosus fuerit, vel non sane mentis quod discere nesciat, vel quod omnino nullam habeant discretionem: tales non multum distant a brutis que ratione carent, nec valet quod cum talibus agitur du rante furore. Possunt enim quidam aliquando dilucidis gaudere interuallis, & quidam habent furorem perpetuum: quod autem actum fuerit cum talibus tempore quo dilucidis gaudent interuallis ratum erit, ac si cum alijs ageretur sive furorem suum simulaverint sive non, acquirere quidem non poterunt in ipso furore vel cum non fuerint sane mentis aliqui qui consentire non possunt nec adquisita alienare vel dare, quia alienacioni non magis consentire possuut quam adquitsiioni, sed seisinam retinent quia animum mutare non possunt quem acquirendo cum essent sane mentis habuerunt, & furor superueniens nichil adimit non maius quam morbus incurabilis, sicut lepra: secundum quod dicitur quod multa impediunt contrahendo que non dirimunt contractum, & ita sunt multa que impediunt promotionem, que non deiciuntiam promotum. Et talibus de necessitate dandus est tutor vel curator. So it appeareth by Bracton that in his time it was thought● expedient that folks that wear destraughte should have a tutor or one that should take the charge of them, which office since is revolved unto the king and made parcel of his prerogative. For as Fitsherbert in his Natura brevium folio. 252. very well sayeth. The king is the protector of all his subjects and of all their goods, lands and tenements, and therefore of such as cannot govern themselves nor order their lands and tenements his grace (as a father) must take upon him to provide for them, that they them selves and their things may be preserved. And because that Lunacy or madness is not from the time of ones birth, (as Ideocye is, 
M. 3. E. 2. in Fits. ti. Guard P. 5.  butt cometh sometimes his fytes or courses) his grace therefore can claim no certain interest in the lunatic person, like as he may do in the Idiot: and therefore it is ordained that his book. f. 27. which now this statut hath made clear and without question.   

The twelfth chapter.  
ITem habebit escaet ' de terris Normanorum cuiuscumque feo di fuerint, saluo seruicio quod pertinet ad capitales dominos feodi illius, et hoc similiter intelligendum est, si aliqua hereditas descendat alicui nato in partibus transmarinis, & cuius antecessores fuerunt ad fidem regis Francie de tempore regis johannis & non ad fidem regis Angliae, sicut con tingit de baronia Monumete postmorten johannis de Monumeta cuius heredes fuerunt de Britan & alibi de feodis aliorum recuperaverit Henricus plures escaetas de terris Normānorū occasione predicta, & eas contulit tenendas de capitalibus do minis feodi per seruitia inde debita & consueta.  
It Appeareth by the Chronicles that king John was the last duke of Normandy & that in his time Normandy was lost, whereupon king Henry his son as it may appear by the later clause of this chapter recovered divers escheats of land within this realm holden by Normans, which after they begun to adhere to the French king the kings enemy & became traitors unto his highness, they forfeited all their lands by order of the common law to the king of whomsoever they were held. Howbeit in such cases after the forfeiture, if the king had given these lands to any other he might not have given them to hold of himself, but only of them of whom they wear before holden: as this statute plainly declareth that king Henry the third so did. 
M. 20. ●. 3. ti. Assi. in Fits. P. 124. et ꝑ. 46. E. 3. ti. Petition. P. 19  And likewise in 20. & .46. E. 3. it appeareth that if the king do otherwise, his patent shallbe repelled and made to hold of the lords of whom the lands wear holden before the treason, and that by a petition of right to be sued unto the king for the redress of the same, for other remedy have they none, & distrain they may not, as appeareth in the new Natura brevium f. 180. And further it should appear by the said book of .20. E. 3. that the king ought not to retain such land in his own hands no while but must dispose them over to hold of them that were lords thereof at the time of the treason committed. Hereby may you gather that this statute in his first branch is but a confirmation of the common law, and that long time before the making hereof king H. 3. had this prerogative, as it doth manifestly appear in the later branch thereof. And also by Bracton in his first book in the title De custod' & maritagijs dnorum, and likewise in Britton folio. 28. The words of the statut be further. Hoc similiter intelligendum est si aliqua hereditas discendat alicui nato in partibus transmarinis et cuius antecessores fuerunt ad fid enregis Franciae de tempore regis johannis Angliae, sicut de baronia Monumete post mortem johannis de Monumeta, cuius heredes fuerunt de Brittannia vel alibi. By this branch it should appear that at this time men of Normandy, Gascoign, Guion, Angeo & Britain, were inheritable within this realm as well as English men, because that they were sometime subject unto the king of England and under their dominion until king Ihons' time as is aforesaid, and yet after his time those men (saving such whose lands wear taken away for treason) wear still inheritable within this realm, till the making of this statute. And in the time of peace between the twooe kings of England and France they wear answerable within this realm if they had brought any action for their lands and tenements, as it doth plainly appear by Bracton in his fifth book in the title De exceptione quia alienigen, for these be his words. Est autem alia exceptio q competit tenenti ex persona petentis propter defectum nationis q dilatoria est et non perimit, actionem.  si quis alienigena qui fuer' add fidem regis Francie & actionem instituit versus aliquem qui fuerit ad fidem regis Angliae, talis non respondeatur saltem donec terre sint communes, nec etiam si rex ei conces serit specialiter placitare, quia sicut Anglicus non auditur in placitando aliquem de terris & tenementis in Francia, ita non debet alienigena & Francigena qui fuerit ad fidem regis Franciae audiri placitando in Anglia. Note here that he sayeth that this exception is but dilatory and not peremptory, which proveth that he shall have his action at an other time, that is to say, in the time of peace. And also he sayeth after, Donec terre sunt communes, which is as much to say until such time as there is peace between France & Inglande. Also Bracton in his third book under the title quod mulier ostendat warrantum per quem petit dotem sayeth si warrantus fuerit ad fidem regis Franciae & excipiatur de warranto remanebit dotis exactio in suspenso imperpetuu vel ad tempus saltem donec terre fuerint commons. This warrant of dower is the heir of the husbands for by ancient law if a woman had brought her writ of dower against any other but the heir, he was not bound to answer her dower until such time as she had brought forth her warrant that is to say, the heir. In like case after she is endowed she is not bound to answer to any other without the heir, and if it might appear that the heir had no right in the second part, than should she be barred of her action of dower, as it appeareth in the case before that his right is suspended when he is a Frenchman and the two realms at war. Howbeit it appeareth as I have said before that this exception is not peremptory, but that after the two realms be again at peace, she shall have her dower. The words of this branch be also in the copulative, that is to say, that the ancestor must be of the allegiance of the French king, & that the heir of the said auncester is born in the part of beyond sea. I put case than that the ancestor were of the allegiance both of th'one king and the other that is to say the French king and the king of England whether is this within the compass of this statute? For Bracton in his said v. book under the title De exceptione quia alienigena saith. Quod sunt aliqui qui sunt ad fidem utriusque sicut fuit W. comes Marescallus & manens in Anglia et Michael de Seins manens in Francia et alii plures, et ita tamen quod si contingat guerra moveri inter Reges remaneat personaliter quilibet eorum cum eo cui fecerit ligeantian. Whereby it should appear that of such as were in allegiance to both kings, the king should have no escheats of their lands. For the words of the statute be not only add fidem regis Franciae, but also et non ad fidem regis Ang. ideo quere. And who shallbe inheritable at this day that be borne in the parties beyond the sea, and who not. See the statute thereof made in the .25. year of king Edward .3. de natis in partibus transmarinis.   

The thirteenth chapter.  
QVando aliquis qui de rege tenet in Capite in fata decedat, et heres eius ingrediatur tentum qd' antecessor suus tenuit de rege die quo obiit, antequam fecerit homagium regi et seisinam suam ceperit per regem, tunc nullum accrescit ei liberum tenementum. Et si obierit seisitus per idem tempus uxor eius non habebit dotem de tenemento illo, sicut contingit de Matilda filia comitis Hereford uxoris Manusel marescalli, qui post mortem wilhelmi Marescalli Anglie fratris sui cepit seisinam castri et manerii de Scrogoill, et obiit in eodem castro antequam intrasset per regem et fecisset ei homagium, et unde concordatum fuit quód uxor non haberet dotem, eo quôd vir suus non intravit per Regem immo per intrusionem, sed hoc non intelligatur de Socagio et parvis tenuris.  
This Statute is but an affirmation of the common law, as it may appear by the case comprised in the same which was ruled before the making of this statute and judged according to theffect hereof. And this statute seemeth too put a pain upon the heirs that will intrude before they have sued their liver, and taketh away from them the free hold that the law had else vested in them: And yet it is not taken so generally as the words be, but specially and only of intrusions after office found, and not before: And therefore if the heir enter after the death of his ancestor and before office found, and the king pardoneth him all entries with the profits, this is good and amounteth to a special livere, so that the heir needeth to sue no more liveries, and yet if thintrusion were after office and then the king would pardon him it were void, because that at the time of the pardon he had no freehold whereupon the pardon might enure. Like law is if the heir before office enter and make a feoffment and the king pardon the feoffee it is good, 
A. 3. H. 7. 2.  and yet such a feoffment after office with a pardon were void, for the reason I have made before, Like law is if th'entry before office and the pardon after office this is void, because that by office the king taketh the possession from the heir or feoffee, and then is there no possession whereupon the pardon may enure: And so void. For the office when it is found hath relation from the death of the kings tenant, if it be so that the king do not release his right before th●ffice found, 
P. 16. E 4. 1.  and that appeareth. 16. E. 4. where it is also said that the pardon must be as well of the profits as of the entry, or else after office found the king shallbe answered of the profits, and .13. henry .4. 
M. 13, H. 4.  there is a difference put between the pardon that is made to the heir, and the pardon that is made to the feoffee: For in the case of the feoffee the pardon must be special rehearsing all the matters. Then let us see further for the endowment, if after the death of the kings tenant the heir doth not enter but die before office found, his wife shall be endowed because of a possession in law that was in him.  
Like law is it if he die after office found and before any entry. Like law is it if he entre before office and die. But if the king be once seized by office and the heir die before licence, and the next heir will enter before a Devenerunt sued and dieth, his wife shall not be endowed, for in that case it is an intrusion after office. For when the king is once seized by office this seisin remains till livery or ouster le main be sued, 
1. H. 7. 3. 4. H. 7. 1. et. 2 M. 38. E. 3. 35.  And these cases are 1. et. 4. H. 7. The words of the Statute be further said hoc non intelligatur de Socagio et parvis tenuris.  
These words are to be intended of common Socage, for if he hold of the king in Socage in chief and will intrude after office, nullum accrescit ei liberum tenementum, no more than if the lands were holden by knights service in chief. 
24. E. 3. f. 34, H. 21. E. 3. 2●  And it is a general ground that in all cases▪ where he that sueth his general livery or ouster le main missueth the same and entereth thereby, this entry is an intrusion upon the kings possession, and his wife of that possession shall not be endowed as appeareth. 21. et. 24. Edward. 3.   

The fourteenth chapter.  
ITem Rex habebit escaetas de terris libere tenentium Archiepiscoporum et Episcoporum quando ipsi tenentes damnati sunt pro felonia facta tempore vacationis, dum temporalia eorundem fuerunt in manu domini regis, conferend' cui volverit imperpetuum, saluo seruicio quod ad dictos prelatos inde pertinet et fieri consuevit.  
Of this statute I find no bookecase, Howbeit the letter of it is very plain and needs no manner of exposition. For it goeth not to any other escheats than such as grow upon offences. And if the crime or offence were done while the land was in the kings hands, notwithstanding the party were not attainted thereof until such time as the lands be out of the kings hands, yet the king shall have the escheat by force of this statute. And hear it appeareth how the king shall not hold the lands forfeited still in his hands but must give them over to hold of them that they were holden of before.   

The fiftenthe chapter.  
QVando dominus Rex dat vel concedit alicui manerium vel terram cum pertin', nisi faciat in charta sua vel scripto expressam mentionem de feodis mill' advocationibus ecclesiarum, et dotibus cum accidunt ad predictum manerium vel terram pertinent tunc his diebus rex reseruat sibi eadem feoda, advocationes cum dotibus licet inter alias personas non fuerint obseruata.  
It is agreed in .43. E. 3. 
M 43 E. 3. 19  that by the order of the common law before this statut, if the king had been seized of a manner to the which advouson had been appendent, & had given it to me, notwithstanding that in the kings grant there had been no mention made of the avowson nor of these words come pertin', yet thadvowson had passed from his highness by the said grant: for in those days the king was but a common parson, & a writ of Enter sur disseisin, 
A. 20. H. 3. ti. assize. in Fitz p. 431 M. 24. E. 3. f. 23 H. 22. E. 3. f 3  & all other actions did lie against him as against any other common person. And therefore in 20. H. 3. A writ of entry was brought against one supposing that he had no entry but by disseisin, which the king did to the demandant when he was within age, & also Wilby. 24. E. 3. reporteth that he hath seen a writ which was praecipe H. regi Angliae, in place whereof is now given Petition by his Prerogative. And so it is said .22. E. 3. that in time of king H. 3. and before the king should be empleded as any other comen person. But king E. his son ordained that none should sue him but be driven to their petition. Howbeit (saving reformation of these books) I think the law was never so that a man should have any such action against the king. For Bracton which wrote in king H. 3. time or near thereupon, saith in his iii book under the title Contra quem competit assisa in this wise: Inter cetera videndum est quis sit ille qui deiecit, Princeps ex potentia, vel aliquis nomine suo, vel judex qui male iudicaverit, an privata persona, si princeps vel rex vel alius qui superiorem non habuerit nisi deum, contra ipsum non habebitur remedium per assisam, imo tantum erit locus supplicationi, ut factum suum corriget et emendet, quod si non fecerit, sufficiat ei pro pena quod deum expectet ultorem, qui dicit, mihi vindictam et ego retribuam, nisi sit qui dicat quod universitas regni et Barronagium suum facere possit et debeat in Curia ipsius regis, sed si alius ex facto et disseisina principis statim vel ex post facto in seisinam institerit, quamuis talis incidat in assisam et in penam vel tantum ad restitutionem secundum quod seisina ad ipsum pervenerit statim vel ex post facto sine principe tamen conveniri non poterit per assisam, quia licet quodamodo disseisinam fecerit tamen non per se sed cum alio. s. cum principe et ita quod sine eo respondere non potuit, et ita non procedit assisa. Indirecte tamen et quasi ex incidenti et sine brevi comprehendi poterit persona principis ad hoc quod factum suum emendet, vel in personam suam redundabit iniuria manifest, ut ecce. Esto quod impetretur assisa tantum super eum ad quem res translata est sine principe, et qui tenetur ad restitutionem et ad penam, vel ad minus ad restitutionem, et ipse respondeat quôd sine principe qui fecit iniuriam per se vel per suos respondere non debeat, quia ipse princeps per se fecit iniuriam vel ipsi duo insimul, extunc erit factum et iniuria in manu domini regis, qui dici debet in facto quasi warrantus, et quod tunc poterit si warrantus volverit factum suum emendare quasi a lege compulsus, et quam in persona sua cum sit ei submissus debet firmiter observare. So that by Bracton it appeareth that no action lieth against the king but the party grieved is driven to sue to the king by petition. But the reason why that advowsons should pass in the king's case by the order of the common law though it were not expressed in the grant was this I suppose, because that lands or tenements were not then counted as things that touched the royal estate or that made the kings crown like as Liberties or franchises did. For the one a common person might have as well as the king, but the other none might have but the king or such as were able to show his grant thereof, and therefore saith Bracton in his first book under the title que res dari possint that for lands currit tempus contra regem sicut contra quamlibet privatam personam Which is as much to say, that if the king had right to any such lands or tenements and had surcessed his time so long, that it exceeded the time of limitation in a writ of right, his highness had lost then his right for ever. And herewith agreeth Briton fo. 29. But that is (saith Britton) of lands, parcel of the kings escheats or purchased lands, and not of the ancient demesnes of his crown, for of those nullum currit ei tempus, if he have any right to demand them. So that by Britton this reason will not serve for lands parcel of the crown. Ideo quere veram rationem. Howbeit since this statute made, what lands soever they be those things that are comprised in this statut pass not without making express mention thereof. Hitherto we have spoken of the reason why at the common law advowsons should pass by grant of the manor without being named, now let us see how since the making of this statute it shall likewise pass by grant of the manor without being expressly named and how not. And if the king render up to him that was in ward, at full age, his lands, or to a bishop his temporalties, although he make no mention of knights fees or avowsons, yet all pass therewith, for like as the kings seisin in such case is by these words omnia terra et tenementa, without speaking of fees or avowsons, even so being sued out of his hands by these words, omnia terre et tenementa, 
Livery p. 7. & T 16 E. 3. p. 30.  fees and au●wsōz do pass without making any mention thereof. And this appeareth .5. E. 3. & .16. of the same king. Where after the death of an ydeot, the king rendered again the lands to the heir not making mention of fees or avowsons, & yet he had them. And likewise 41. et 44. E. 3. the king granted the temporalties to one that was elect bishop before he was consecrate, 
H. 41. E. 3. f 44. E. 3. f. 22.  & aiudged that fees & advowsons passed without making any mention thereof, & yet at the time of the grant he was not bishop, for he lacked consecration. And the reason in all these cases is, for that the king was but seized in another bodies right and by his livery he giveth nothing unto them but only restoreth them to their right they had before. Like law should it appear to be by Finchden .29. E. 3. 
H. 29. E. 3. in Fitz. ti. Quare impedit p. 190.  If avowson of a church be appendent to a Priory which Priory is seized into the kings hands by reason that an alien is patron of it, & afterward the king dismisseth the said Priory cum pertinent, not making mention of thadvowson unto the said Prior yielding a rent, to have & to hold the same during the war. And his reason is this, for that the right & freehold in this case remaineth still in the Priour notwithstanding any such seisin, & the king is but to have an annuel profit thereof, & no right, but if any be to sue dower or livery with a partition out of the kings hands they by that cannot have thadvowson if mention be not there of made, no more than they can that claim by Grant: and yet the king rendereth them the thing in respect of a right before, as he doth in the other cases. But what then? they claim not the whole land that is in the kings hands but only parcel thereof, & then thadvowson evermore abideth with that that remains, if express mention be not made thereof, and so not like the cases before where the king makes livery of the whole. And this case appeareth also in the said book of 5. E. 3. And note that in all cases where the king seizeth a thing as his own proper right as he doth in the case of wards, escheat, & such like, there nothing passeth by Grant of the appurtenance if express mention be not made of the thing that is appurtenant by name: & therefore the case was .29. E 3. That where avowson of a church did belong to a Priory which Priory was seized into the kings hands ratione guerre, & let again to farm for a rent to the Prior, & afterward the king granted away the patronage of the Priory to a man & to his heirs, & the custody (during the war) of the Priory with all that belongeth to the same & of the rent reserved with all the profits of the Priory that the king had seized, & yet thought the thaduousonadvowson passed not, for that it was not named. But if there be words in the kings grant that do amount to as much as thexpress naming of the thing or countervail as much, than the thing passeth as far fourth as if it were expressly named. And therefore if a manner to the which avowson is appendent be in the kings hands by escheat or purchase & the king giveth the manor as fully & as wholly as such a one held the same before thescheat or pourchase, in this case thadvowson passeth, & so it is agreed .43. E. 3. fo. ●.  
And learn forasmuch as this statute maketh mention but of three things, that is to say, knights fees, avowsons of churches, & dowers, whether in such case any other thing than avowson which is appendent or appurtenant should pass by words cum pertin' without naming of it. 
P 18. H. 6. 1●  For it appeareth .18 H. 6. that where a let was within a town & the king granted the town cum pertin' not naming the let, & it was thought the let should pass thereby. But the reason was there because it was parcel of the town, & that the is parcel or incident to an other thing, passeth by grant of the king without making any mention thereof. And therefore if the king be seized of a corody by reason that he is a patron of a Priory, & granteth away the patronage without making any mention of the Corody, yet the grantee shall have the corody: & so it is aiudged .26. 
26. li. ass. p. ●3  li. ass. & yet the kings grantee of a ward shall not have guard ꝑ cause de guard if express mention be not made thereof. And so is it if one be to have restitution of the avowson una cum exit ' & the church becometh void, & the king makes him restitution with the mean issues & profits taken, yet he shall not have this avoidance that is so fallen without express mention be made there of in his restitution, as appeareth .18. 24. 39 et. 46. E. 3. 
P. 18. E 3. 21. P. 24. E. 3. 2●. M 39 E. 3. 2●. P. 46. E. 3. in Fitz. Grant p. ●0.  And yet if the king be seized of avowson & the church becommech void & he granteth the avowson away, his highness shall not now put nor take the benfite of the avoidance, as appeareth .9. E. 3 in Fitz. ti. Presentment all esgl' p. 5. Therefore inquire what the reason is of these diversities & what is meant by these words in the statut Dotibus cum acciderit ad predictum manerium vel terram pertin'. For as I suppose those words serve to none other purpose but where the king is to assign dower, & he granteth over the manner durant minore etate of the heir that is inward to another, this patentee shall not have thassignment of dower if mention be not made thereof in his patent. Howbeit learn & inquire what is the true meaning of the said words.   

The last chapter.  
ITem Rex habebit omnia catalla felonum damnatorum et fugitivorum ubicunque fuerint inventa, et si ipsi habeant liberum tenementum tunc illud statim capietur in manum domini regis, et Rex habebit omnes exitus eiusdem per unum an num et unum diem, et tenementum illud vastabitur et destruetur de domibus, boscis et gardinis, et aliis quibuscunque ad predictum tenementum spectantibus, exceptis hominibus quorundam privilegiatorum inde per regem. Et postquam dominus rex habuerit annum, diem et vastum, tunc reddatur tenementum illud capitali domino feodi illius nisi prius faciat finem pro anno die et vasto de consuetud' tamen dicitur quod post annum et diem terre et tenementa felonum in Gloc reddentur et revertentur proximo heredi, cui debuerant descendisse si felonia facta non fu isset, Et in Kent in gavelkind the father to the bough, the son to the plough. Ibidem omnes heredes masculi participabunt hereditatem eorum, et similiter femine: sed femine non particibabunt cum masculis. Et mulier habebit post morte viri medietatem pro dote sua, Et si mulier fornicetur in viduitate perdet dotem suam, vel si sit desponsata viro. Before this statute Glanuil did write in this wise in his seven. book under the title De ultimis heredibus. Notandum quód si quis de felonia convictus fuerit, vel confessus in curia et de domino rege tenuerit in Capite, tunc tam terra quâm omnes res mobiles sue et catalla penes quemcunque inveniantur, ad opus domini Regis capientur sine omni recuperatione alicuius heredis sui, si autem de alio quâm de rege tenuerit is qui utlagatus est vel de de felonia convictus tunc quoque omnes res eius mobiles Regis erunt. Terra autem per unum annum remanebit in manu domini regis. Elapso autem anno, terra eadem ad rectum dominum scilicet ad ipsum de cuius feodo est revertetur, veruntamen cum domorum subuersione et arborum extirpatione. Et generaliter quotiescunque aliquis aliquid fecerit vel dixerit in curia propter quod per judicium curiae exheredatus fuerit, hereditas eius ad dominum feodi de quo illa tenetur tanquam Eschaeta solet reverti. Foriffactura autem filii et heredis alicuius patrem non exheredat, neque fratrem neque alium quam se ipsum. Préterea si de furto fuerit aliquis condemnatus, res eius mobiles, et omnia cattalla sua vicecomiti provinciae remanere solent, terram autem si quae fuerit dominus feodi recuperabit statim non expectato Anno. By this it should appear that in Glanuiles' time, for theft only the sheriff should have the goods that were forfeit, and that as it should seem to his own use, and not to the kings. For he saith, the lords in that case should recover their escheats before the year, day, and the waist. Howbeit, the statute made since that time gives all felones goods to the king without any exception. And hereupon it is to be seen first what is comprised in this word catalla. Catalla is a general word which comprehends as well Chatels movable as not movable. For leases for term of years are within this word catalla, as appeareth by Bracton in his second book in the title of Forfeiture of Felons saying quod terminum annorum erit domini regis, ut catalla. Quia accipit terminum ad similitudinem catallorum. And therewith agreeth the book in. 39 H. 6. 
39 H. 6. 34  Also under this word catalla is taken the issues and profits of lands and tenements of them that fly for felony until such time as they be attainted or acquitted. And like wise of the Lands and tenements of clerks convict, until such time as he hath made his purgation, I mean lands & tenements as well of their wines right as of their own right, 
P. 4. E. 2. in Fitz. Forfeiture. p. 16. 16. E. 3. Corone. p. 356, 296. et. 344.  & so is the book. 4. E. 2. et. 31. E. 3. Also under this word contra are taken the emblements that were growing upon the ground at the time that the forfaifure of the goods first began to take place, as appeareth 3. E. 3. Also under this word Catalla is comprised a right of action to goods, as where goods be taken away wrongfully from the fellow, or where one is indebted to the fellow by obligation, 
P. 6. H. 7. in Fitz ti. Forfeiture. p. 12. M. 19 H. 6. fo. 47. et H. 30, H. 6. fo. 5. P. 28. E. 3. 92 et t. Travers 32. lib. Ass. p. 33.  or is accountable to the fellow for any receipt or otherwise, & this appeareth. 6. H. 7. et. 19 H. 6. Also under this word Catalla, is taken sometimes goods wherein the fellow hath no property, as if a man deliver money out of a bag, or corn out of a sack to one to keep which is afterwards attainted of felony, the money or corn in this case is forfeited. Like law it is if a thief that steals goods severally from sundry persons & afterward is attainted for one of the said felonies, by this one attainder the goods that are stolen from the other be also forfeited to the king. Like law is it if one steal goods and before he be attainted thereof he killeth himself, or dieth in prison or abjures the realm confessing an other felony then that for the which he fled to the church, in these cases he forfaiteth the goods that he did steal. So it is if the wife kill her husband, she forfaites the goods of her husband. 
44. E. 3. f. 39 26. li. ass. p. 32  And these cases ye may see in the title of corone in Fitz. p. 317. 323. 334. 318. 162. 319. 380. 379. 423.  
And in the title of avowry p. 151. And in the title of Forfeiture p. 15. Then let us see further what may be said upon this word Felonum. If th'offence that is committed be felony, then is it properly within the compass of this word Felonum, & he that commits th'offence shallbe said Felo. Notwithstanding that he therefore shall not suffer death: as in a case where one killeth another se defendendo or by misadventure, this offence is felony, and he that commits it shall forfeit his goods notwithstanding that he obtain pardon of life. 
Coron. 116. Felony. 599. Dower. 183.  For it was at the kings pleasure to grant pardon or not. And this appeareth. 15. E. 3. But so shall not he that killeth one that would rob him in his house, Or the officer that killeth one that will not be rested, nor he that killeth any thing not yet borne, as a child in his mother's belly, nor the parson that is straught that killeth another in his madness. For in all these cases it is not felony.  
The words be further, Damna torun & fugitivorum. Sometimes the king shall have his chattel, although he be not condemned of the felony, as if a man be arrested for felony and afterwards breaks the arrest and the other ere he can take him again kills him, in this case he that is killed shall forfeit his goods, and yet he was never attainted of th'offence. 
Coron. p. 312. et. p. 290.  Like law is it if be were killed in the first arrest where he would not be arrested. And this appeareth. 3. E. 3. Howbeit since that time there was a statute made. anno. 34. E. 3. cap. 12. Which seems to alter the law in these cases if it be not that you will say peradventure that he shall forfeit them quia fugam fecit. Ideo quere. He that is felo. de se shall forfeit his goods and yet he was never attainted. Like law is before, 
H 34 E. 3. in Fitz. Eschet. p. 10.  of the clerk convict. And so is it of such as stand mute or challenge above the number of. 2 inquests, as appeareth. 34. Ed. 3. Then further, this word fugitivorum is taken such as flee or withdraw themselves for the felony that they be indicted, appealed or accused of, for that makes a great presumption against them, as Bracton saith in his second book under the title Ad quae restituaturutlagatus, and for that presumption sake shall the outlawry proceed whether he be guilty of the felony or not. And also saith he in the said book quód utlagati de felonia gerunt caput lupinum, & secum suum portant judicium, ita quod sine iudiciali inquisitione pereunt, quia merito sine lege pereunt, qui secundum legem vivere recusaverunt, et hoc ita si in capiendo fugiant vel se defendant. Si autem vivi capti fuerint vel se reddiderint, vita illorum et mors est in manu domini Regis, et qui taliter captum interfecerit respondebit pro eo sicut pro alio nisi sit in locis ubi consuetudo se habeat in contrarium. videlicet in come Hereford et Glouc.  
And in an other place he saith, Quod nullum crimen maius inobedientia, quia pro contemptu et inobedientia porerit quis excommunicari, sicut pro quolibet peccato mortale, cum omnes subditi debeant esse Regi tanquam precellenti, maxime in honestis, et ducibus eius tanquam ab eo missis, et sic concordat lex divina aliquantulum cum humana. And also saith quod utlagatus de felonia foriffacit patriam et amicos, forisfacit quae pacis sunt, forisfacit quae legis sunt, forisfacit quae juris sunt, et possessionis, et forisfacit actionem ante utlagariam sibi datam. Thus by the way have I noted unto you such things out of Bracton, as me seemeth be notable, and make somewhat for this purpose: Although I needed not to have gone so far as to outlawry for exposition of this word fugitivorum, but might have rested at the flying. For if one flee for the death of a man, and this presented before the Coroner, he shall forfeit all his goods that he had the day of that presentment or at any time since, till he be acquitted of the said death. And notwithstanding that an inquest upon his arraignment doth afterward acquit him, 
Forfeiture, 32. et. 35. Coron. 296. &. 344  and also find that he did not flee, yet his gods remain still forfeit, as it appeareth. 22. lib. Assize. p. 96. et. 3. Edward the third. Like law is it where one arraigned of felony before justices is found not guilty of the felony, Howbeit it is found that he withdrew himself for the said felony, now shall he forfeit his goods but no profits of lands as he shall do in the other case where it is found before the Coroner, For when the forfeiture shall have no further relation, but to the day of the presentment and not to the day of the flying, then when at the same day he is acquitted of the felony, then is the kings title gone as to the lands and so consequently gone as to the issues. And this appeareth. 3. Edward. 3. 
Coron. 344   
Also there is an other manner of fleeing, for the which a man shall forfeit his goods, and that is where in appeal or inditement of felony, the party that is appealed or indited will not appear, but suffer the exigent to be awarded against him, he thereby forfaiteth his goods and the profits of his lands, which he had the day of thexigent awarded, or at any time after. And notwithstanding that he afterwards happen to be acquitted of the said felony, yet the forfeiture remains, For when he tarrieth the awarding of thexigent it appeareth of record that he hath withdrawn himself, and this you shall find in. 22. lib. Ass. pl. 81. and 41. li. Assize. 
41. Ass. p. 18,  Howbeit herein is there heed to be taken lest there be error in the awarding of the said Exigent: For if there be, he shall then forfeit nothing, as if the exigent be awarded against the accessory before it be awarded against the principal, or before the principal be attainted, or if an exigent be awarded against one that hath a charter of pardon for the felony of elder date, than is the awarding of thexigent and hath found surety according to the statute and the same returned into the chancery before thexigent awarded: 
P 43 E. 3. ●●. 17  For in these cases he shall avoid the forfeiture upon the matter showed.  
Contrary law it is if after the exigent awarded the appelle do abate for insufficience, or for that that he that is outlawed was imprisoned mean between the awarding of the exigent and the outlawry pronounced.  
For in that case if he reverse the utlarie, yet his goods remain still forfeit. 
Forfeiture .31. et .19.  Howbeit if he were imprisoned at that time of the exigent awarded otherwise it is, & this appeareth .19. E .3. and .30. H .6. Also it is to be noted that one may flee for felony and yet he shall forfeit nothing, as where one is arrested for suspicion of felony and escapes, yet for this he shall not forfeit his goods if he were not taken with the manner, or at the suit of the party, or indited of the same as it appeareth .42. 
Coron. 224.  li. Ass. Quere if he be indited afterward whether he shall then forfeit them or not. Also an accessory after the felony committed shall forfeit nothing upon a Fugam fecit. Otherwise it is of accessories before the felony committed, 
Forfaitur. 10  as it appeareth .4. H. 7. But he that withdraweth himself but for Petit larcenie shall forfeit his goods, 
Coron. 406  as it appeareth .8. E. 2. tamen quere. And note for a general rule that the township where the goods of felones or fugitives be found shall always answer the king of them, and the shirive, of the issues and profits of the lands: and therefore the township may seize them for the king. For it is no plea for them to say they were not delivered unto them. 
22. Ass. p. 81. 11. H. 4. 39  And this appeareth in Fitzherbert, in the title of corone pl. 390. et p. 366. 300. 347. 290. 308. 22. and in the title of forfeiture pl. 32. But at what time the goods of a felon or fugitive shallbe seized it is further to be seen and how the attainder shall have relation. When it is found by inquest before the coroners quod fugam fecit, by and by the shirive shall seize his lands into the kings hands by word only without taking any inquest for the same purpose, and also shall seize all his goods into the kings hands, and take an inquest as well of free men as of villains to apprise them and cause them prize to be enroled to the coroners and to deliver them to the township to make answer thereof to the king, And this appeareth 22. lib. ass. P. 96. And herewith agreeth the statute of Coroners and also Britton. fo. 4. Where you shall see this matter set fourth more fully. And in .43. 
M. 43. E. 3. fo. 21.  it is said that the kings minister may seize the goods of a felon before attainder, & if the party find surety than he to leave them in the custody of the party or else in the neighbour's custody. For the said minister ought not to carry them away with him. 
T. 7. H. 4. fo. 41.  & 7. H. 4. Hull sayeth that if one be indited of felony, yet till he be attainted his goods shall not be removed out of his house, but in the mean time shallbe in his neighbours keeping and he to be found of the same. And in the Register there is a write quod tennta et bona taliter capta videantur, imbrevientur et saluo custodiantur per balliwm ipsius capti qui se curitatem regi invenient ei respodēd' si etc. saluis inde ipsi capto et family sue necessariis quam diu fuerit in prisona. And so is Britton. fo. 17. Howbeit now by the statut made in the first year of king Richard .3. the third ca it is ordained that none shall seize the goods of any person arrested or imprisoned before that they be attainted, or that the goods be otherwise forfeited, upon pain to pay the double value thereof. This statute extendeth not to any other but too such as be in prison: For by the statute de proditionibus 25. E. 3. ca 14. If one be indited of felony which is not imprisoned, the sherive at the second Cape shall seize his goods, and yet they be not at that time forfeited. And also the statut of. R. 3. doth not extend to lands but only to goods. Then for the relation, as for the goods it hath no relation but only from the day that the forfeiture is presented or verdict given, and therefore it is said in 33. E. 3. that if he sell them before he be attainted the sale is good, 
Forfeture. 30. 30. H. 6. f. 5 38 E. 3. fo. 37. Corone. 290. et 285.  but for lands it hath relation to that day of the felony committed, be it that the attainder be by verdict or utlarie as it appeareth .38. E. 3. et 30. H. 6. or be it that he be attainted without process of law, as in the cases above remembered where he is killed in the fleeing, as appeareth 3. E. 3. And note that if thattainder and the office found of his lands be both within the year of the felony first committed that it shall have no relation for that years profits, otherwise it is if it be after the year, as it appeareth 3. E. 3. This book must be understand as I take it where the attainder & the office be before any day of payment within that year. The words of this chapter be further. Et si ipsi habeant liberum ten̄tum tunc illud statim capietur in manum domini regis et rex habebit omnes exitus eiusdem per unum annum et unum diem et tenementum illud vastabitur et destruetur de domibus boscis et gardinis et aliis quibuscunque ad predictum tenementum spectantibus: It should appear by Glanuile in the beginning of this chapter that the common law was as much before the making hereof in all cases of feloni saving for theft, in which in the king had no year and day. Howbeit after Glanuiles' time the statut of Magna carta was made which said in the 22 chapter thereof. Nos non tenebimus terras illorum qui convicti fuerint de felonia nisi per unum annum et unum diem et tunc red dantur terre ille dominis feodorum. By this it should seem this statute doth remit the waist because it speaketh nothing of it: or else peradventure you will say that this word Nisi argues and proves that the king before the statut of Magna carta might have held it as long as he would, but to the contrary of that exposition is Glanuile, as it appeareth before: And also Bracton which wrote somewhat after this time: For by Bracton in his second book it appeareth that before the making of the said statut of Magna carta the king had nothing else but the waist, and to th'intent he should remit the waist, the year and day was afterward given to the king: For these be his words in the title of Vtlarie. Si vero terram liberam habuerint utlagati, statim capienda est in manum do mini regis et tenenda per unum annum et unum diem, ad capitales dominos post terminum illum reversura si de alio tenuerit quam de rege, si autem de rege tunc erit Eschaeta ipsius regis, et hoc verum est quod per talem terminum remanebit in manu do mini regis nisi ipse capitalis dominus vel alius finem fecerit protermino regi habendo, fed quesit causa quare terra remane bit in manu domini regis, videtur quod talis est, quia revera cum quis fuerit convictus de aliqua felonia in potestate domini regis erit prosternandi edificia, extirpandi gardina, et arandi prata, et quoniam huiusmodi vrge bantur in grave damnum dominorum, pro communi utilitate prouisum fuit quod huiusmodi dura et gravia remanerent, et quod dominus rex propter hoc haberet commoditatem totius terre illius per unum annum et unum diem, et sic omnia cum integritate reverterentur in manus capitalium dominorum, nunc autem petitur utrum .6. finis pro termino et similiter pro vasto. Et non video rationem quare, nisi quod terminus bene poterit esse per se sine vasto eo quod laxatiuus et utlagatus non solum delinquit erga eum qui sequitur et appel lat, sed erga regem cuius pacem infringit contra fidem svam cui tene tur, quia quilibet cum faciat sacramentum, jurat salva fide domini regis. Thus our authors agree not upon this year & day, for Bracton is contrary to glanvil that wrote before him. Howbeit briton which was likewise before the making of this statut of Prerogativa agreeth with Bracton, as it appeareth in his book fo. 14. adding further that the king shall not have the year and day of land that is holden only for term of life or years, or by fresh disseisin, or in fee firm or in mortgag. And so is Bracton also therewith agreeing in his second book but now sins the time this statut of prerogativa was made, which gives the king as you may perceive both the year day & the waist. And first he saith quod rex habebit omnes exitus eiusdem per unum annum et unum diem. By this it should appear that the king should not have the issues of the land but by a year & a day, but yet it is clear that he shall have the issues also from the time of the felony done until the time his highness hath had the year day & waist, & not the lord (allowing that that is to be allowed for the finding of the prisoner) for it can not be intended that the lord should have the mean profits, because the land shallbe delivered unto him without profit, that is to say wasted & destroyed. 
3. E. 3. in Fitz ti. Corone 290. 49. E. 3. fo. 1●  And therewith agreeth the book in 3. & 49. E. 3. And there it appeareth that if an office be found 20. years after the attainder the king shall have the profits from the time of the felony committed until the year and day next after the office found. For though the lord be entitled to have thescheat, yet the kings title for the year day and waste goeth before the lords: For the words be Postquam dominus rex habuerit annum diem et vastum tunc reddatur tentum illud capitali domino Also by this word Reddatur it seems the lord can not enter into his eschete after office found, but is driven too sue an ousterle main for the same out of the kings hands, as it appeareth 8. 
8. E. 2. in Fitz ti. Travers Pl. 48.  E. 2. but if a stranger abate before office, the lord shall have a writ of escheat against him and recover, and yet that notwithstanding when an office shallbe found, afterward the king may seize for the year, day and waist, and shallbe answered of the mesne profits, like as it is when the kings tenant in chief dieth his heir of full age an estranger abateth, the heier may have assize of mort dauncestore if he will, and recover against the abator, and yet upon an office found afterward the king shall seize for primer season and be answered of all the mean profits, and the heir driven to sue livery. Further then let us see in what cases the king shall have annum, diem et vastum and in what not. The king shall not have annum, diem et vastum of clerks convict after verdict, because he forfetes no land. Like law is it of lands in gavelkind where the father is hanged, but otherwise it is if he be outlawed or abjured for felony, for there the king shall have the year, day & waist, and this appeareth 3. 
3. E. 3. in Fitz ti. corone. P. 332. et Prescription. P. 50.  E. 3. et 8. E. 2. If the husband be attainted of felony the king shall have the year, day and waist of the lands of the wife, and yet in the case the lords shall not have their escheats. But what then? the husband might have done waist and the wife had had no remedy for the same, and by the same reason the king may do as much, and this appeareth 3. 
3. E. 3. in Fitz ti. corone. P. 327.  E. 3. And also in Bracton in his second book. And also it should there appear that the wife is driven to sue anouster le main after the death of her husband. If one be arrested for felony & breaks the arrest, so that in the pursuit of him he is killed because he would not otherwise be taken, 
3. E. 3. in Fitz ti. Corone. P. 312. et 290 et 308.  the king in this case shall have the year, day and waist, as it appeareth. 3. E. 3. If a man commit felony and hath his charter of pardon, yet the king shall have the year, day & waist and the lords their escheats, & this appeareth 3. E. 3. for the pardon doth not restore him but to the law. For though the king would pardon him with words of restitution, yet his grace could not thereby restore him to the lands held of other. And note that the king shall have the year, 
3. E. 3. in Fitz ti. Corone. P. 310.  day & waist of lands in ancient demesne if it so be that the tenant might have sold the said lands against the will of the lord, as it appeareth. 3. E. 3. and that notwithstanding that the said lands were always used to be surrendered by the rod & to pass by surrender. The words of the statute be further Exceptis hominibus quorundam privilegiatorun ind● ꝑregen. 
46. E. 3. f. 14. 1. H. 6 fo. 12. M. 8. H. 4. f. 1 Corone. 31.  That is as much to say except such as have Bona et cattalla felonun by the kings grant for a man can not prescribe to have Bona et catalla felonun, as appeareth. 46. E. 3. 1. H. 7. 8. H. 4. nor none may have this prerogative of year, day & waste but only the king although he would claim it by charter from the king or otherwise, as it appeareth 3. E. 3. But when the king is seized of it he may commit it over, as appeareth by Bracton in his said 2. book. But if the land whereof the king should have the year, day and waist be under the yearly value of iii s four d it is used to be remitted for the smallness and simpleness of the thing, as appeareth. 3. E. 3. 
3. E. 3. in Fitz ti. Corone. P. 327.  for it should cost more the suing of it out of the kings hands than the thing is worth. And note the custom of Gloc ' comprised in this statut, whereby it should appear that notwithstanding any such custom yet the king should have annum et diem but not so of lands in gavelkind as I have said before.   

¶ Process to be sued after the death of the kings tenant in chief.  
By a statute made in the 33. year of the late king of most famous memory, H. 8. the 22. chapter it is ordained and provided among other things, that no person or persons having lands or tenements above the yearly value of five pounds shall have or sue any livery before inquisition or office found before thescheator or other commissioner or commissioners by virtue of the kings writ or commission too be directed out of the kings chancery or other courts having authority to make such writes or commissions for suing of liveries, which writs or commissions shall not pass out of the chancery nor any other courts but by a warrant or bill too be assigned and subscribed with the hands and names of the master of the kings wards and liveries, surveyor of his liveries, or the attourne and resceivor of the court of the wards and liveries, or three, two, or one of them, to be directed & delivered to the chancellor of England or to any other chancellor or officer having power to award such writes: And if the lands or tenements whereof any inquisition is to be had by virtue of any such writ or commission exceed the yearly value of five pounds that then such as sue for such writes and commissions shall pay for the seal and writing thereof such fees as hath been accustomed. And if the said lands & tenements whereof any such inquisitions and offices are to be found by virtue of any such writ or commission exceed not the said yearly value of v pound, them such as shall sue for such writs or commissions shall pay for the seal of every of them vi. d and for the writing vi. d and not above. This statut doth not set fourth the name of the writ or commission that shallbe sued, howbeit these words that follow, that is to sayr (for suing of liveries) do somewhat open the mind of the makers of this statute, and declare that their meaning was of the diem clausit and such other writs or commissions as serve for that purpose, and not of every writ or commission, for so might an office be found by a wrong writ or commission, which should want matter or be other wise insufficient to make liveries. But learn and inquire if after a good writ or commission sued fourth, the office that is found is not sufficient, whether the party shall have his liveri or not without suing a melius inquirendum, or a new office, because that some peraventure will say that the words of the statut be performed that is to wit an office or inquisition is found. But to that it may be answered and said that that it is no office when it is insufficient at least wise toward the party that should sue livery thereupon, although it be a good office toward the king if any thing therein contained be for his benefit. And learn also if the kings tenant die seized of lands in diverse counties whether by force of this statut he shall cause an inquisition or office to be found in every county where the lands lie, for so is it used to be done upon all general liveries, & he that sueth his general livery otherwise missueth the same, and is an intruder upon the kings possession: howbeit peradventure you will say that if the lands exceed the yearly value of twenty marks he must sue a special livery & not a general, & therefore it makes no matter for the inquisition or office, & that the words of the statute will bear it well enough if there be but one office found. But as to that it may be said, that the meaning of the statute was not so, for the king can never be fulli informed of his title unless there be an office found in every shear, & also by finding of several offices one record may be better for the king than an other, whereof his grace may take advantage, for the best shall be taken for the king. Thus it appeareth by statut how that of lands above the yereli value of uli. inquisition must be made and an office found after the death of the kings tenant be fore livery can be had: and that must be by a writ of diem clau sit extremum, for that is the proper writ that is to be sued for that purpose if any suit be made within the year after the kings tenants death, or a special commission in the nature of the writ of diem clausit. For upon a general commission to inquire generally of all wards no particular person can have liver. And if he tarry till after the year, than he cannot pursue any of these, but for his remedy must sue a writ called Mandamus or a commission in nature of that writ, and thereupon to cause an office to be found and so to have livery: But if an office be once found by diem clausit and the heier dieth in the kings ward, his heir must sue Devenerunt & no Mandamus although it be after the year of the death of him that died in ward, and so is the rule in the register. sometimes it happeneth that after delivery of the writ or commission and before office found thescheator dieth or is removed from his office, in which case then the process that is awarded to his successor is a writ called Datur nobis intelligi, but if office be found before his death or removing, which office is not returned, then shall therebe a certiorari awarded to his executors to return the same. For it is a matter of record as soon as the iurrors have put their seals unto it, notwithstanding it be not returned. And note the thawardig of this writ of diem clausit or special commission is peremptory to him the sueth for it. For if he lose it or be taken from him with force he gets no more writs or commissions for the lands in that county and this appeareth in the new Natura brevium fo. 2●●, Howbeit in 14. E. 4 it is touched by the way that in such cases he should have a new writ. 
H. 14. E. 4. so. 5.  ideo quere. But after office once found by a diem clausit or special commission as well the king & party thereby are bound as every other stranger: for somuch lands as are comprised within the office, and neither the king ne that party nor any other shall have any more writs or commissions to inquire any further of these lands, except it be in such cases as I shall hereafter recite, for so the law should never have end, but new heirs might be found every day by office which were inconvenient and the king should not know to when to make livery, & this appeareth .14. E. 4. and 2. et 4. 
14. E. 4. f. 5 2. H. 7. f. 2. 4. 4. H. 7. f. 13.  H. 7. But where after office found it is surmised for the king that his highness hath a better title than was found for him by the first office, whether the matter surmised may stand with the matter found by the first office or not, yea although it be mere contrariant or repugnant it is not material: But in such cases a new writ or commission shallbe awarded. As take the case to be this. By the first office it is found the kings tenant in chief died seized his heir within age where in deed he died without heir so that thereby the lands ought to have escheated to the king, or that he was tenant in tail & died without issue of his body, whereby the lands ought to have reverted unto the king, in these cases the court shall award a new writ or commission for the king. Like law is it where the daughter is found heir by office & afterward the son is borne, or where there is but one daughter found heir by office where there ought to have been two found heirs, or if by the first office one is found heir & of full age which is not heir in deed, but an other is heir which is within age: In all these cases there shall be a new writ or commission awarded Causa qua supra, 
14. E. 4. f. 5 4. H. 7. f. 13.  as it may appear .14. E, 4. et 4. H. 7. 12. R. 2 et 30. li. ass. yea and a more stronger case as it should appear in the new Natura brevium fo. 2●●. fo. 2●2. et f, 295. that is to say, where the king was to have no benefit at all more than he had by the first office, and yet a new commission was awarded, and therefore the case was there, the second brother was found heir by the first office & of full age, now the eldest had a commission being also of full age to find him heir, and thereupon had his livery. So is it where 2. be found daughters and heirs to one man of certain lands where in deed parcel of the said land was given to one of the said. 2. daughters in frank marriage, now she that claimed the frank marriage had a special commission to inquire of the same: and yet by that second office the king had no benefit ideo quere. For this Natura brevium seemeth to impugn the books before rehearsed. And like as he may pray a new writ or commission in the cases above rehearsed before livery had, even so may he do in the like cases after liver had if the livery be a general livery, & thereupon as soon as the title is found the king shall rescise: but not without a Scire facias because the statut made at Lincoln hath so provided as I shall open more fully when I come too that place, and that in all these aforesaid cases a new diem clausit may be as well awarded as a new commission, as it appeareth titulo Trauser in Fitz. pl'. 28. anno. 29. li. Asss   

¶ What thing shallbe in the king without office or seizure & what not, and where by an office only without any seizure or other process the king shallbe in possession and where not, and where he shallbe in possession without an office but not before a seizure, and how the king may be entitled by any other record as well as by an office, and where a man may enter as well upon the kings possession as any other.  
By a statute made the .33. year of the late king. of famous memory H. 8. the 20. chapter it is among other things provided that if any person or persons shallbe attainted of high treason by the course of the common laws or statutes of this realm, that in every such case every such attainder by the common law shallbe of as good strength, value force and effect as if it had been done by authority of parliament. & that the kings majesty, his heirs and successors shall have as much benefit & advantage by such attainder as well of uses, rights, entries, conditions, as possessions, reversions remainders and all other things, as if it had been done and declared by authority of parliament: and shallbe deemed and a judged in actual and real possession of the lands, tenements, hereditaments, uses, goods, chattels & all other things of the offenders so attainted which his highness ought lawfulli to have and which they so being attainted aught or might lawfulli lose and forfeit if the attainder had been done by authority of parliament, without any office or inquisition to be found of the same, any law, statut or use of the realm to the contrary thereof many wise notwithstanding. This statut makes it clear & without question that in cases of high treason the lands of him that is attainted are in the king by-and-by without any office. But for other attainder it remains as it was at the common Law, and therefore learn if one which holdeth of the king be attainted of petit treason or felony, whether in this case by thatainder his lands be in the king without office, and me seemeth by attainder and death together they should be in the king in law, howbeit not in deed, until such time his highness seize themby his officer, or that an office be thereof found, for by thattainder the lands are forfeited to the king by matter of record, and then when the party dieth either the frehold must be in suspense, or else aiudged in the king in law, for he that was seized hath corrupted his blood and is dead without heir, and therefore his highness is become owner thereof in law, and a possession in law vested in him of the same lands, which his highness at his will and pleasure may make a possession in deed as sun as he will take upon him knowledge of the said lands and seize them by his officer. And therefore the book is agreed 20. E. 4. 
20. E. 4. so. 10  that if he that is attainted be seized of avowsons appendent, as sun as the church becometh void the king may present without any office which proves that the king by thattainder was patron before any office found or else how could his highness present? and I see no difference between lands & avowsons in this case, for avowson is not so transitory toward the king, but that he may take the presentment thereof at all times when he will, quia nullum tempus ei occurrit. Howbeit learn what the law will in this case, for many men are of the contrary opinion. And see the book .4. E. 4. concerning this matter. And so note what is said of a possession in law, 
4. E. 4. 21.  for as I take it there may be a possession in law in the king as well as a possession in deed, which possession in law is ever without office or any other matter of record, as when the possession is cast upon his highness by a descent, reverter, remainder, or escheat, or in title of his signory or prerogative, as for wardship, primer seisin, or for the custody of the temporalties of a bishop during the time that the see is vacant, in all these cases without any office or other matter of record here is a possession in law vested in the kings highness, that is to say, for that that doth descend, revert, remain or eschet, the freehold is cast upon him in law as it should be upon a common person in the like case, or else the frehold should be in suspense, which may not be, & of the rest the possession in law of a cattle is in his highness in right of his signory, which his highness at his will and pleasure may make a possession in deed by entre or seizure, but not to make it a possession in deed by his grant, because there is a statute made in the 18. year of H. 6. ca 6. to the let thereof, which provideth that all letters patents made of lands & tenements before office found and returned, or within one month after but only to him that tendeth his traverse shallbe void. This statute extdes only to lands and tenements, therefore of the body of his ward his highness may make a grant notwithstanding this statute as me seemeth, for that is neither land ne tenement: also notwithstanding that this statute doth restrain the granting of the lands & tenements, yet the seisin thereof remains and is in the king as it was by order of the common law which is as I said before in his highness in law, although not in deed, until such time as he hath made a seasyn or an entry by his escheator, or a grant thereof, which weigheth both to a seizure and a grant, in such cases where the grant may be good and not restrained by statute, or until such time an office thereof be found: For an office that entitleth the king to the possession is sufficient by itself without any seiser or enter of the escheator to make a possession in deed in the king, if it be so that the possession were vacant when the office was found. But if the possession were not vacant, but an other than he in whose right the king seizeth was tenant thereof at the time of the finding of the office, then must the king entre or sese by his officer before the possession in deed shallbe judged in him: yea and if his highness seize not by the space of a year and a day after the finding of the office, then may be not seize without a Scire facias to be pursued against him that is tenant thereof. 
9 H. 7. f. 2. 7 49. E. 3. f. 22. 20. E. 4. f. 10. Estopel. 255. Travers. 50. 32. Ass. P. 32. 29. Ass. P. 30. 21. H. 7, f. 7. P. 21. E. 4 f. 1 Gard. P. 105  And of those matters you may see books 9 H. 7. 49. E. 3. 20. et 21. E. 4. 4. E. 2. 10. H. 4. 21. H. 7. 29. et 32. li. ass. But hereupon is there a distinction to be made, whether that that the king is entitled unto by office be a thing manuel and whereof profit may be taken forthwith after the finding of the office or not. For if it be such a thing as is not manuel and whereof there is no profit too be taken forthwith until such time it falleth, in that case although the king be in possession of the right of the thing, yet is he not in possession of the profit thereof until such time as his highness actually by his officer when it falleth taketh and perceiveth the said profit, as for example. The thing that king is entitled unto by office is no land but avowson, rend or a common, although that the king by this office be patron of thadvowson or owner of the rent or common, and thereby when the benefice becometh void may present, or when the rent day cometh may receive the rent, or when the common is to be taken may use the said common, yet if the office that entitleth his highness be false, and he that was in possession at time of the office take the profit when it falleth before the kings officer do take it, in this case this taking is no entrusyon upon the kings possessions, for he was never seized in deed: wherefore being driven to his action if his highness bring his Quare impedit or action of trespass, the defendant may traverse the office with him in the said actions keeping still his possession, and need not too sue in the chancery for the traversing of the same. This may you see a Difference between a thing that is manuel and a thing not manuel, and what the reason thereof should be learn, for as I. suppose the reason of it is no other but as I said before, that when a stranger is tenant at time of the office finding the office maketh no possession in deed in the king before an entry or a seiser. And then when the kings officer taketh not the profits when it falleth but suffereth him that was in possession to take it, than was the king never seized, but he still remains in possession that was possessed at the time of the finding of the office until such time as seiser be made for the king, which can not be done at all times as it may be of land, but only at such times as the profit thereof is too be taken, that is to say, when it falleth, and that is now past for this time saying it is already taken: and therefore the king in that case is driven too his action. But quere whether his highness may be brought in possession in those cases by a claim or not: And these cases may you see in the books of .17. E. 3. f, 10. 21. E. 4. f. 1. 5. E. 4. f. 3. et. 4. E. 3. 
15. H. 7. f. 24. Quare Impedit P. 33  Like law is it where an office is found which doth not entitle the king to the possession by entry but only by action, as where it is found that the kings tenant for term of life or years hath done waist, or being his tenant in fee simple hath cessed by two. years, or made a feoffment by collusion contrary to the statut of marlebrige, or such like. For it is a general rule that in all cases where a common person cannot enter but is driven to his action, there the king can not have the possession but by like action, or else by a Scire facias after office found in nature of the action, for the office in the case entitleth the king to no other thing but only to the action, as appeareth 21. H. 7. f. 1●. 
21. H. 7. foe, 1●  But quere of a feffment that is found to be made by collusion contrary to the statute A. 34. et 35. H. 8. ca 5. for in the case it seems his highness may enter without Scire facias because the said statute apointes no action to be sued in the case. And note that in all these cases before where the king is driven to his Scire facias or other action if the office be false, the party may traverse the office with the king, keeping still his possession whether it be in the chancery or in any other court, & need not to sue any ouster le main if it be found for him, because he was never out of possession. Then further let us see in what cases the king can not be entitled but only by office or other matter of record, & in what cases he may, howbeit not to have any possession either in deed or in law until the time there be a seizure made. And as to that, note that in all cases where a common person can not have a possession neither in deed nor in law without an entre, there the king can not have it without an office or such like matter of record, as where the king hath title to enter for a mortmain or for a condition broken, in this case the king can have no title until such time as the said mortmain or condition broken be found by office or by some other record, as it appeareth 2. ●. 9, H. 7. 
2. H. 7. in Fitz ti. proc. P. 10.  So it is in diverse other cases concerning the kings prerogative as in the case of Idiots, of lunatics which have lands or tenements, or when his highness is to be entitled for annum, diem, et vastum of people attainted, or for an alienation without licence, or to sese the temporalties of a bishop for a contempt, in all those cases his title must be furst found by office or otherwise apere of record for these rights his highness hath only as king. But if his highness have cause to seize the lands of his widow that hath married herself without licence his highness may seize, notwithstanding there be no office found of her marriage, as it appeareth in the new Natura brevium. f. 174 Learn what should be the reason thereof, more than in the case of alienation before. Like law hath been used where his highness is to sese lands of prior's aliens within this realm ratione guerre, his highness doth it without any office, for in both these cases the kings title is notorious enough although it appear not of record. But yet in those cases his highness must seize ear he can have any interest in the lands because they be penal toward the party and of these cases you shall find books 49. E. 3. f. 17. 21. E. 3. fo. 31. 21. H. 7 fo. 7. 14. H. 4. fo. 37. 22. E. 4. fo. 4. 3. et 17. E. 3. fo. 1. et 17. Other prerogatives the king hath which extend only to personal and transitory things ad bona et catalla felonun, wreak de mere, treasure trove, or the profits of lands of clerks convict of felony, or of persons outlawed in a personal action, to these things it seems the king is entitled although there be no office or other matter of record found of them as it should appear. 11. H. 4. fo. 39 21. H. 7. fo. 7. et 27. li. ass. P. 50 And note that if the kings title appear any way of record, 
Gard. 1. 40. Ass. P. 36  it is as good as if it wear found by office. Therefore if the kings tenant alien without licence which alienation appeareth by fine or other matter of record, in this case if there be an other record found that proveth the lands to be holden of the king in capite upon these ii records together process shallbe made against the party by Scire facias to come and show why he should not make a fine for the alienation. Like law it is where there is a record to prove that he that aliened is but tenant in tail of the kings gift, and he pretending to be tenant in fee simple doth purchase a licence of alienation and alieneth and after dieth without issue, which death is found by office but nothing of his state tail or licence appeareth in the said office, yet upon all these records laid together the king shall have a Scire facias against the alienee to show why the land should not be seized in to his hands and his highness answered of the profits since the death of tenant in tail, for when he was but tenant in tail it appeareth that the licence was purchased upon false suggestion, and so void, 
40. li. assize. in Fit. ti. Guard P. 1.  and thenne the lands ought to revert to the king because his reversion could not be discontinued. And this may you see 40. li. ass. Then last of all it is to be seen whether the possession may be taken from the king buy entry or not. And as to that, if the kings possession be by matter of record, no person can dysseise him or take the possession from him, for like as the king may not take by gift from any person but by matter of record, no more may the possession depart from him but by matter of record, and therefore his highness can not have assize or Electione firm siue custody, like as a common person may: yea and though the entry be not immediately upon him but upon his committee or fermer, yet it is no disseisin to his highness, as it appeareth 4. H, 7. folio. 2. M. 2. H. 4. M. 14. E. 4. folio. 
35. H. 6. in. Fits. titulo. Suggestion. P. 9  2 & M. 35. H. 6. folio. 1, Buy the which said book of 35. it also appeareth, that if the king or his committee be cast out of the wardship of the lands that the remedy is in this manner, that is to say, upon suggestion thereof made in the chancery, there shallbe awarded a writ called Amoveas manum, and that upon a certain pain, which writ may be awarded only upon this suggestion without any presentment or inquiry, and this writ may be granted to the committee as well before possession had of the ward as after, for where the king was once possessed by office, and grants it over, yet this possession still remains, for the king abideth still garden notwithstanding any such grant: And therefore this writ of Amoveas sub pena lieth for the grauntee or committee, although the grant be absque aliquo inde reddendo. And if upon this writ of Amoveas the defendant do not restore the thing, then shall go out against him an attachment, upon which writ the defendant may appear and show his title, which if it be found against him he shall then make restitution by judgement and pay a fine and answer the mean issues & profits. Thus doth it appear that the king cannot be disseised or ejected if his highness be once seized by matter of record. Otherwise it is before his seisin be by matter of record, for if before office a stranger entre by title or without title this is no intrusion upon the kings possession, but in this case the heir may have Assize of mort dauncester against the stranger if he will, which proves that by his entry he hath gotten both a freehold and a fee simple. But as soon as the office is found and the escheator entereth, this possession of the stranger which entered witheoute title is clearly undone, and the freehold and the fee simple revested in the heir But if the entry of the stranger wear by title and afterward office is found and the king seizeth, whether then it be so or Noah, learn. And it should seem to be all one, or else the kings seizure is not good, for how can the king seize in an other bodies right if the right wear taken away before by an entry? therefore it should seem either his highness hath no title in that case to seize, or else by his seizure, the freehold and the fee simple must revest in the heir. But note that if the king will buy colour of a record seyse an other man's land, which record gives him no title in deed, notwithstanding any such seizure, yet he that hath right may entre upon the king, and buy his entry revestes again in himself both the freehold and fee simple as where it is found the kings tenant died seized but of an estate for term of life the reversion to an other and this notwithstanding the king seizeth, in this case if he in the reversion entre upon the king this is a good entry: and therefore the case was, he made a feoffment after his entry and it was thought to be a good feoffment. Like law is it where the king is entitled but only to the profits as upon an utlagarie in a personal action or upon the conviction of a clerk, in these cases if the party entre and make a feoffment or if a stranger that hath title to entre do entre he dischargeth the king of his interest, and of these matters, 
Travers. 12. Assize. 156.  you shall find books 8. H. 4. f. 16. 21. E. 3. f, 1. 3 H. 7. 10. E. 3. 27. ass. P 15. 9 H. 6. f. 20. &. 21. H. 7. f. 7.   

Enterpleder.  
Sometime it happeneth that by two several offices found in one county several parsons be severally found heirs to one man, whereby forasmuch as the king is brought in doubt to which of them his highness may make livery, they therefore must first enterplede, and when by enterpleder the privity of the blood is tried between them, than his highness ought to make the livery to him that is tried to be the next heir of him that died. As for an example, by one Diem clausit or special commission in one county one is found heir to him that died the kings tenant and of full age, and by an other Diem clausit or special commission in the same county one other is found heir also to him that died and within age, in this case the heir that was first found shall have a Scire facias in the chancery against him or her that was last found heir to come & show why livery should not be made unto him that last died seized thereof upon which writ if a Scire feci be returned and the party defendant cometh not, or if he come and confess that he himself is not heir then the plaintiff in the Scire facias shall have his livery, but if he come and entitle him by the second office, and traverse the first as he needs must (for thinterpleader must needs rest upon the first office, and not upon the second) then as thissue is found, 
P. 36. E. 3. in Fits. titulo. Travers P. 44.  so shall he or they for whom it is found, have livery. And this appeareth in the new Natura brevium fo. 294. 36. E. 3. & 16. E. 4. folio. 4. Howbeit a great doubt riseth in our books upon this matter whether thinterpleader shallbe fourthwithe after the second office found or not until such time as the heir that is found within age cometh to his age, and as it appeareth by the said book of 36. Ed. 3. in this case, where one was first found of full age & after the other within age thinterpleader was fourthwithe, for it wear no reason that he that was right heir and of full age should be delayed by the nonage of the other that is no heir. And a stranger shallbe received to traverse the office not withstanding, the heir that is found by the office that is traversed be within age. And then it is no reason that the heir in this case be in worse condition than a stranger. But take it, by the first office one is found heir and within age, and by the second office an other is found heir, and of full age, whether in this case they shall enterplede or not, or whether thinterpleader shallbe before th'age of the other: And surely it should seem by the grounds and rules declared before upon the writ of Diem clausit extremum, that the second office in this last case is void, because there is no better title found for the king than was by the first, & then if it be void, there can be no enterpleder. Howebe●yt in the new Natura brevium fo. 2●0. it appeareth to the contrary hereof & that they shall enterplede in this case, and that the second office is not void for there the heirs found by both offices wear of full age. And yet that notwithstanding they enterpleaded. And so is .5. 
T. 5. E. 4. f. ●  Edward the fowerthe where it is said that if by one office the heir is found within age, and by an other office an other is found heir and of full age, that in this case they shall enterpleade but not before the child come to his full age. And Townesende justice sayeth in .1. H. 7. that if by diverse offices ij. 
Livery. P. 17  be severally found heirs and within age, now the king shall keep the lands till their full age, and then they shall enterpleade, and if they die before enterpleder their heirs within age, several Devenerunt shallbe awarded that is to say, for every heir one & by the same being found severally heirs to the ancestor, they shall enterpleade at their full age, like as the ancestor should have done if they had lived, and if the dying of any of them wear without issue and the other found to be his heir then is thinterpleader determined. Thus may ye see how books vary in this matter, and yet by the way note this difference, that is to say, where by the first office the heir is found within age and were of full age, for by these books it should seem that if he be first found within age, notwithstanding that by an other office an other is found heir and of full age, yet he shall not enterplede with the other till he be of age, contrary it is if the first be found of full age, and the next within age, and the reason may be for that the king is first seized of him that is within age, with whom the law ways more in presumption to be heir than the other, and this title is the best title that the king hath, for it entytlethe his highness to a greater benefit than doth the second office, and this second was found upon a commission granted more for the king's benefit than for the heries that should be found by the same and therefore it wear reason that he that is first found heir have more favour if any favour be to be showed than he that was last found heir, or at the least for the kings benefit that the matter be respited till the child be of age. Also the said justice Townesend said further, that if one be found heir in one county & an other found heir in an other county, yet they shall enterplede, which can not be as me seemeth: for once we have a general ground that a man can not sue a general livery by parcels but first he must cause an office to be found in every shear where he have lands, and when all the offices be returned, then to have his livery and not before, than this case where one is found heir in one sheer and an other in an other sheer, hear none of them both can have livery, because he hath no office found butt in one sheer and not in the other: and then if there can be no livery there can be no enterpleder, wherefore it should seem in that case they can not enterplede. 
2. ●. 7. f. 2. Travers 49.  And here with agreeth the book in .2. & .8. Henry the seventh. So no enterpleder can be but where there is an office through the whole found for every heir in every county where the lands lie, but it is not alway requisite that there be several offices found, for sometimes upon one office found by itself alone there may be an enterpleder, and that is where ij. be found heirs by one inquest as two twins that is to say, two children borne at a burden. And it is to be noted that every enterpleder is to try the privity of blood only, that is to say, which of these the enterplede is next heir to him that last died seized, and not to try their rights in the lands. And therefore if by one office one be found heir of a general tail, and by an other office an other is found heir to the same land as of estate in special tail, they shall not enterpleade, as it appeareth in 21. H. 7. fo 3●. Also they must be both found heirs to him that last died, and by whose death the king did seize: for if one be found heir to him that died seized and another is found heir to the ancestor that died seized next before the last dying seized, in this case they shall not enterplede, as it appeareth in H. 2. H. 6. f. 5. Also they shall not enterplede but where both heirs claim by one self title of lands holden of the king, for if the king's tenant die seized of lands holden of other as well as of the king, and one is found heir to all the lands, and by an other office an other is found heir only to the lands holden of other, in this case they shall not enterpleade, as it appeareth in .12. E. 4. f. 18. for he that is found heir by the second office can not have livery if thinterpleader wear found for him, because he is not found heir of all as is before remembered. And therefore if one be found heir virtu te brevis. and an other is found heir virtute officij, in this case they shall not enterpleade, because he that is found heir virtute officij, can not have livery if thinterpleader did pass with him: for the nature of enterpleder is to have 〈◊〉 for him with whom it is found. And note that notwithestanding an enterpleder is not to try the right in the land but only the privity of blood: yet the issue tried between them shallbe an estoppel afterward in an action used of the possession of the same auncester by whom they claim, 
estoppel P 255.  as in Assize of mortdauncester or cozenage, as it appeareth in .4. Edward the second. And note that as two or more shall enterplede that claim as heirs, even so shall any other that claim not as heirs, but by some other title, if it be so that their title affirm the kings possession, as take the case to be this. Land holden in chief is aliened to diverse persons at diverse times, and this found buy office the king seizeth, & after cometh every of the alienees & prayeth to make his fine & to be restored, now they shall first enterplede & try which of their feffemnts ought to take place are any of them getteth restitution, as appeareth in 43. 
Travers 25.  li. ass. So it is if any of them come into the chancery without process & confess th'alienation, as it appeareth by the said books, for by the confession the king is entitled against him that confesseth as well as if it had been found by office.   

Travers.  
Traverse for goods was at the common law, but travers for lands found by inquisition before thescheator is given by the statut made in the 34. year of E. 3. ca 14. which saith in this wise. Item acc est q̄ la ou terres ou tents sont seisies en la main le roy ꝑ office del escheator conteignont q̄ le tenant le roy ent fist alienation sans congee le roy, ouq le tenant le roy ꝑ service de chl'r morust ssindes terres & tents avamtdits en some demean come de fee et son heir deins age, et puis la cause netifie en la chancery, et celuy qui terres sont seisie veigne en la chancery et voet traverser loffice qui fuit primes pris ꝑ mandemnt le roy, que les dites terres ne soyent my seisables, soit a ceo resceu & soit le process maundes en bank le roy a trier et oustre fair droit. This statut extends only to the offices taken virtute brevis aut commissionis, & not to offices taken virtute officij. And also by this statut though the traverse were found for the party, yet might he not have had judgement till a proce dendo ad judicium had been awarded. And therefore was there an other statut made in the 36. year of the said king the .13. cha. the tenor whereof is this, Pour les grevouses complaints queux le roy aū oye de son people de ses eschetoures, & de lour male port, ill voet & ordain del assent avauntdit, que terres seisies en sa main par cause de guard, soyent saluement guards sans waist ou destruction. Et que leschetoure neyt null fee de bois, venison ne pessoun, nauter riens, mes respoign̄ au roy des issues et profits annuels proveignaunts des dits terres sans waist, ou destruction fair. Et fill face auterment et de ceo soit attaint, soit reint a la volunte le roy, et rend all heir says damages au triple, a sa proper suit, sibien deins age come de pleine age, & eyent says amiss tanque il soyt denies age lafoy suit pur luy, respoignants all dit heir de ceo qui serra issint recovere. Et auxint dauters seisies en la main le roy par inquest doffice pris devant lefchetor teign mesm cest ordinance & penance deuers leschetours. Et sil eyt nul home qui met challenge ou claim as terres issint seisies, qui Leschetour mand lenquest en la chancellary deins le mois apres les terres issint seisies. Et que brief luy soyte livere de certifier la cause de sa seisine en la Chauncellarye, & illeoques soyt oye sans delay de trauerser loffice ou auterment monstrer son droite & illeoques mand devant le roy affair final discussion sans attender altar maundement. Et en cas que ascun veigne deuaunt le chancellor & monster son droyte per quel demonstraunce per bones evidences de son auncien droyte et bone title que le chancellor per sa bone discretion & advis du counsel sil semble que il besoygne avoire counsel, que il less et baylle les terres issint en debate all tenant rendaunt ent au roye le value si au roy appertient en manner come il et les auters chancellors deuaunt luy ount faits avant ces heurs des lours bons discretions issint que il face surety que il ne ferra wast ne destruction, tanque il soyt adjudge. Et que les dits escheators preignent tielx inquests en les bons vill' & per bons gents, & de ceo overtment, & par indentures affairs enter les dits escheators et ceux des enqnsts come altar foits estoit ordeign per estatuts. Anno. 24. E. 3. Et si nul escheator face au contrary de cest ordinance suisdit eit la prison des ii ans, & ouster ceo soit reint a la volunte le roy. By the common law before the making of these statutes a man had no other remedy to avoid a false office but only his petition. Howbeit in .24. E. 3. 
24. E. 3. f 4.  wylby saith that if th'office had been found before commissioners or any other shanne thescheator, the party should have had his traverse by thorder of the common law. peraventure he may be moved so to say because those statutes give a traverse only to offices & before escheators, making no mention of any offices & before any commissioners. Also before these statutes if after l●uerie or Ouster le main sued, there had been a new office found, whereby the king had been entiled to reseise, & thereupon a Scire facias according to the statut of Lincoln against the party that had pursued the livery or Ouster le main to come & show why the land should not be reseized, the party in that Scire facias might have traversed the office that was so newly found, as I shall more plainly declare when I come to that place. Also Bab. said in the schequer chamber before all the justices An. 8. 
Travers 47.  H. 5. that these statutes that give traverse are only to be understand where the king is entitled to the land but for a time, as for wardship, alienation without licens and such like. But if his highness be entitled to the fee simple or the freehold, there he that is put out by the office shall not have his traverse, but is put to his petition Tamen quere, for though the first statut be this as Bab. hath said, yet the second is not, but is general, & therefore may be extended to all offices what matter soever they contain, 
Tra●ers 37.  as appeareth H. 19 R. 2. where it was found that one had encroached upon the kings demeines which office in deed was false for that that the thing supposed to be encroached was parcel of his manor that was so presented & no part of the king's demesnes: in this case the party being put out of that parcel of ground by thescheator was received to traverse the office, & yet th'office entitled the king to the fee simple. Also those statutes seem not to give traverse but to him that is put out of possession by the office. But the statut of .8. H. 6. ca 16. alloweth any traverse proffered by him that feeleth himself grieved by any such inquest although he be not put out of possession by thescheator. And the statut seems all so to allow travers of an office taken aswell before commissioners as before the escheator. Howbeit the statut giveth no travers but only maketh thereof a rehearsal. These statutes that give the traverse seem to offer it generally to any man that will desire it or that doth put challenge or claim to the lands whereof he is put out by any office. Howbeit the exposition hath been otherwise that is to say, that his challenge or claim must be such as the law will admit & allow, for every man can not traverse that would or that maketh his challenge or claim: for these statutes are intended where the king is entitled by office only, for if his highness be entitled by an other record beside the office and entitled as it were by a double matter of record, the party shall never have his traverse. As take the case to be this, a man is attainted of treason by act of parliament or otherwise by verdict, and afterward it is found by office that the said person attainted was seized day of the treason committed of certain lands, which in deed were never his lands but mine, in this case if I be put out of my land by this office I can not travers it Causa qua supra, and yet I am a stranger to this record, 
46. E. 3. f. 17. 10. H. 6. f. 15. 4. E. 4. f. 27.  as appeareth in 46. E, 3. 10. H. 6. &. 4. E. 4. But if therebe no such record of attainder I shallbe received well enough to travers the office, aleginge first to enure me to a traverse that there is no such record of attainder as appeareth in .4 H. 7. Also he that is found heir by office shall not traverse the same office that so findeth him heir if that part of th'office that concerns the tenure in chief be true, 
4. H. 7. f. 6.  although the rest of the office be false: and therefore if the kings tenant die seized his heir being of full age, & by a false office the heir is found within age, in this case, he can not traverse this office as appeareth T. 5. E. 4. 
5. E. 4. f. 4. et. 5.  And the reason of it is beccause the heir can not salsify th'office that he himself is to affirm by his livery when he shall sue it. For though he would cause an other office to be found according to the truth of the matter, yet it were not to the purpose to help him, for the best office shallbe taken evermore for the king, that is to say, that that gives his highness most advantage & the heir driven to sue his livery upon that office only, for seeing the king is bound by an office as well as is the heir, it is reason if any be better for him than other that he be bound to that only, & not to the other, & the law presumes the one office to be as true as the other until such time a trial thereof be made, which trial cannot be by the heir, for he is bounden as I said before by the office that is found, without any further choice, having no prerogative in such matter, and if he should be received to his traverse in this case, then upon the traverse found for him he should have the lands out of the king's hands by an Ouster le main without any livery suing, as lands that the king ought to have seized, which were inconvenient. For every way the king ought to have seized those lands against any that claimeth to be heir until such time as liver be sued thereof. Like law it is where the king's tenant dieth seized of land in divers counties his heir being of full age, & in one county the same heir is founden within age, & in an other county he is founden of full age, in this case the heir shall not trauerseth th'office that found him within age Causa qua supra: for then for the lands in one county he should have them out of the king's hands without any office or livery suing. 
Travers. 39  And this case appeareth in .32. H. 6. But if an office find that my father held his lands of the king in chief by knight's service wherein deed he held not of him in chief, in this case I shallbe received to traverse this office. For if I should sue my livery upon the son I should be concluded evermore after to say, but that the lands were held in chief of the king, & for the cause I shallbe received to my traverse as every stranger shallbe in the like case: for if my traverse be true them can the king have no cause to seize those lands, & therefore not like the cases before remembered, as appeareth M. 1 H. 7. 
Livery. P, 10  The words of these statutes be that he whose lands be seized shall traverse or he that putteth challenge or claim to the land so seized. These words be not so genaly understand as they be spoken for most men understand them that he will challenge or claim but a term of years only shall not be received to his traverse where the king is entitled to the freehold by th'office, as where it is found that the king's tenant is seized of certain lands and is dead without heir whereby the lands ought to escheat to the king, cometh one and sayeth that he is tenant for term of years of these lands of the demise of a stranger, without that that he that is supposed to be the kings tenant was ever seized of these lands, this traverse lieth not in his mouth: for he that hath but a chattel shall not be received in any case to falsify the record that giveth any man interest in the freehold although he be a stranger to that record. Contrary law is it of him that hath a freehold or inheritance in the land, for they shall traverse the record in such case. Like law is it where the king is entitled but to the wardship of the heir of his tenant he that is fermer of the dimise of a stranger shall not traverse his office although the king be not entitled thereby to any freehold, for it was not the mind of the makers of these statutes to help them that claim: but chattels which are accounted in law as nothing, because they perish and abide not. Et de minimis non curat lex. Howbeit learn what the law will in these cases, for I have seen no books of them. The lord in title of wardshyppe shall traverse the office, and yet he claimeth but a term of years in the land, as where it is found by office that such a one held lands of the king in chief and died his heir within age where in deed he holdeth no such land of the king but only of me by knights service, in this case, I that am lord shall traverse this office, that is to say, show how they be holden of me by knights service without that they be holden of the king, as appeareth in 1. H 7. 
Travers. 20.  For there it toucheth the lords inheritance in the right of his signory, & because he by the false office is to lose the profit that is presently fallen by reason of his signory, it is reason he be received to traverse the office. But if he were but lord in socage he should not be received to his traverse, because he thereby can make no title to the wardship of the body, 
37. lib. Ass., P 35.  and lands of the child, for it is a good general ground if the king be once seized, his highness shall retain against all other that have no title, notwithstanding it be found also that the king had no title but that the other had possession before him, as appeareth in .37. lib ass. where it was found that neither the king nor the party had title, and yet adjudged that the king should retain, for th'office that finds the king to have a right or title to enter, makes ever the king a good title although it be false, and his highness thereby may take possession against any other that is seized of the lands, and retain until such time as th'office be traversed by him that hath title and tried to be a false office. And therefore no man shall trauerse th'office unless he make himself a title. And if he can not prove his title to be true although he be able to prove his traverse to be true, yet this traverse will not serve him. As for an example, it is found the kings tenant died seized of certain lands that he held of the king in chief, his heir being within age, where in deed he had made a feoffment in his life time to an other of those lands, it is no traverse for the feoffee to say he died not seized, but he must first make himself a title by the feoffment: and for as much as it is found that the lands are holden in chief, if he will make his title good against the king he must show fourth a licence of alienation or a dispensation thereof, or else he must traverse the tenure in chief as well as he shall do the rest of th'office, otherwise his title is not good, 
Travers P. 44. et. 46. Livery p. 18  as it appeareth in .36. E. 3. 3. H. 4. 6. H. 5. & .3. H 7. f. 14. Howbeit Hussey holdeth opinion that not man may traverse the tenure but the lord or the heir unless his title be found by office, but whether the law be so or not learn, for as I take it the lord and every stranger that hath a title against the king, making his title shall traverse the office before his title be found by office: for when the traverse is found for the party his title now appeareth of record, and by the traverse found, the office which was the king's title is utterly destroyed & gone, so that now the king is not to make any livery of the lands to any person but only to a move his hands from the same, with the mean issues and profits as one that had no cause to seize them. And therefore every man may enter now that will if he have right or title of entry to the lands, for the king delivereth them to no person certain but only ryddes his own hands of them as he that had never seized them, but otherwise it is where the king is to make livery, for there his highness must be informed certainly by matter of record who shallbe his tenant & who it is that aught to receive the livery at his hands lest his highness be deceived in thadmiting of his tenant which is & aught to be a great matter toward the lord, & therefore the cases be not like, wherefore I think a man may traverse by force of these statutes without having their title first found by office: & so be our books .36, E, 3. 2. E. 4. f. 10. 16. E. 4. f. 4. 
Travers. 44.  & 43. li. ass. P. 20. Howbeit 5. E. 4. fo. 5. seems to weigh to the contrary hereof, & 12. H. 6. also, where it is said that if it be found that the king's tenant died seized where in deed he was jointly enfeffed with me, now can I not traverse this office except an other office were found for me. But contrary law should it be if it had been found by the office jointenant with him for term of life where in deed I was joint-tenant with him in fee simple, in this case I may trance th'office, because mention is made of me in the said office, this book case admitted to be law, yet it varieth from the case before remembered of the stranger that traversed th'office, for here th'office is true, and when it is found by office that he died seized, this may be although the said dying seized were jointly with an other for any thing that is expressly found to the certainty, and then the king here is to admit an other tenant, as in the case of the livery before of whom as yet he hath no credible information, that is to say, by matter of record, and then it is like to the cases of tenant by the courtesy, tenant in dower, and the devisee which in no wise can be admitted to their estates unless mention be made of them in the office or some other office or matter of record found for them, 
9 H. 7. foe, 24 Brief. 618.  as appeareth in 46. E. 3. & M. 11. H. 8. and for none other reason as I gather it but only for that th'office is true, & they are to be admitted the king's tenants which can not be but by information by matter of record, ut supra. Then let us resort to the place we were at before: that is to say, no man may traverse with the king unless he make himself a good perfect title, as to say that the tenant which is supposed to die seized did enfeoff him, or that a stranger was seized and did enfeff him without that that he died seized. And so note by the way that he may convey his title aswell from a stranger as from him that is supposed to die the kings tenant, as appeareth in .36. 
Travers 44.  Ed. the third, and when he hath made thus his title, than he must traverse the king's title which is th'office, for it is not enough for him to rest upon his own title all though it be never so strong without answering the kings title, yea although it were good against a common person, yet against the king it is not so without traversing the office. And therefore if he will say that the tenant in his life time did levy a fine unto him of these lands, Sur conusaunce de droit come ceo quil ad de son done, by virtue whereof he was seized until such time as he was put out by this office & prayeth restitution, this is no i'll against the king, & yet this matter were a good plea in assize of Mortdauncester brought by the heir, for in that case he should be stopped by this fine, which is executed to say the contrary thereof, that is to say, that his father died seized without showing how his father got the possession again sins the time of the fine levied. But it is no plea against the king, for the king can not be estopped namely in this case being a stranger to the record. And also the statut gives a traverse and by this manner of pleading he taketh no traverse. Like law it is if it be found by office that the kings tenant in chief enfeffed one B. without licence, comes one D. and sayeth that he died seized, 
ꝑ. 46. E. 3 in Fits. titulo Travers. P. 17.  and his heir entered and enfeffed him by the kings licence, this is no plea without traversing the feoffment made to B. and yet against any common person it were a good plea but not against the king, for his title must be answered fully: and that is the feoffment, & these cases appear 46. E. 3. 43. li. ass. P. 25. Also it is not sufficient to traverse one of the kings titles but he must traverse them all, for though the king's title that he is seized by, be found not good, yet if there be any other record that makes the king a title whereby he may retain the lands, the party must avoid also that title or else he gets no Ouster le main, but learn if there be no such record in Esse or being at the time of the traverse tended, & hanging the plea upon the traverse a new record that s● to say, an office is found which entitleth the king, whether in this case the party shallbe driven to traverse this office or not: ere he have his Ouster le main. And it seemeth he shall not: for so he might be delayed of his possession infinitely by finding one office after an other, wherefore this office found hanging the traverse shallbe accounted in law as though it had been found after the party had had his Ouster le main, in which case then the party upon the first travers found for him shallbe restored to his possession by an Ouster le main, and then after upon a Scire facias sued against him to show why these lands should not be reseized, upon this new office found for the king, he shallbe received in that Scire facias to traverse this new office. Howbeit this advantage he wins hereby, that is to say he then traverseth with the king keeping still his possession, where else he should traverse being still out of possession. And this case ye may find .11. 
T 11 H 4.  et M. 13. H. 4. Thus may ye see when a man traverseth with the king, he must traverse all the king's titles that have then their being by matter of record, and is not bounden any further to answer for that tyme. Then let us see how the king shall reply unto this traverse: and in that it is to be noted that the king hath a prerogative that a common person hath not, for his highness may choose whether he will maintain th'office or traverse the title of the party, and so takes traverse upon traverse, or when all his titles be traversed his highness may choose to maintain them all or else but one of them. But then note that if he maintain but one, that is to say, take issue but upon one which is found with him that tended the traverse, in this case the party shall have his ouster le main notwithstanding there be no issues taken upon the other titles, but whether the king shall ever take advantage of tother titles after or not this is to be seen? and I think he should, for though the other titles shall not in this case let the party of his Ouster le main, yet it seems the king may call the party again by a Scire facias to answer his other titles, or else his highness to reseise as I said before, for no nient dedire can prejudice the king nec tanta remun eratio, like as it may do a common person. And therefore seeing he did not renounce his other titles openly nor expressly, it seemeth his highness by his prerogative shall have advantage of them at any other time when it shallbe his pleasure. 
Travers. 15  And these cases ye may see .13. Ed. 4 fo. 8. 9 Hen. 4. et 4. H. 7. f. 4. Howbeit it appeareth in the said book of .13. E. 4. that after the king joineth an issue upon a traverse, his highness cannot in an other term waive this issue and take a new, for so the party might be delayed infinitely of his right, which should be as it were a wrong committed unto the party, and the king by his prerogative may do no man wrong: but after issue joined he may demur in law, and waive thissue for there is no matter changed but the old remaineth And by the demurrer the law presumeth that thissue was misjoined and so might be a ieofaile, and therefore his highness may demur in law after issue, but not change his issue and take a new. And note that if the party take a travers which is judged insufficient in the law, this is peremptory unto him, 
Travers. 24.  & he shall not be received after to take a new, as it appeareth .40. lib. Ass. Howbeit .14. E 4. fo. 1. the contrary opinion is holden, and that it is not peremptory, because it proceedeth in the Chancery which is the court of conscience. But as to that a man may answer and say that a chancellor hath two powers, the one absolute the other ordinary, and this traverse is before him by an ordinary power, in which case all things touching the same must proceed as it should before any other ordinary judge of the common law, and therefore it should appear by a book in .4. H. 6. fo. 12. et 22. 
Travers, 12.  Edward 4. fo. 9 that if the party be nonsuit in this traverse it is peremptory unto him, for so might he delay the king infinitely, tamen quere, and learn whether one may proceed with a traverse the heir being within age or else shall tarry till he be of full age for the book is in 5. 
T. 5. E. 4. f. ●  Edward 4. that he shall tarry till the heir cometh to age. But in this question one may make this distinction, that is to say Whether the travers be tended by a stranger or by the heir, for sometimes it happeneth, that the heir shall trauns as well as a stranger. For no more than a stranger can have ouster le main without traversing all the kings titles, no more may the heir have livery without traversing all his titles, and then if the traverse be to be taken by the heir, he shall not be thereunto admitted until he be of age, because that before that time he hath no cause to have his livery. But that reason serves not where the traverse is to be taken by a stranger, and therefore it should seem that he should have it by and by: For he hath cause to have an ouster le main forthwith, and that with the mean issues and profits, and therefore it were no reason that the nonage of a third person should hinder him with whom he is not to plead or to try any right but only with the king.  
For if the child have right, he may enter upon the stranger after he hath his ouster le main and try his right with him: and so at no mischief. And note as I said before that the heir must traverse all the kings titles ere he can have livery, and that whether the kings title be in his own right or in the right of an other, in his own right, as if there be a record that proves this land to be aliened without the king's licence, or that thancestor of thenfaunt that would sue his livery was but tenant for term of life, the reversion to the king and hath made a feoffment to the kings disheritance or such like, in these cases notwithstanding the king did not seize by virtue of these records but only by virtue of th'office which found thancestor of thinfant died seized the kings tenant in chief of estate in fee simple, yet the heir geatteth no general livery upon that office until such time as he hath avoided these other records And if he have it before: it is a cause of reseiser. So it is where the kings title is in right of any other, as if one be found heir by office, and after by another office an other is found heir of the same lands to the self same ancestor, in this case he that was first found heir cannot have his general livery until such time as he hath destroyed the other title either by an enterpleder or a traverse, for if it so come to pass that he cannot enterplede, then must he traverse or by some other means avoid the record ere he can have his said general liveries, and if he sue his general livery otherwise, it is then missued, and a good cause given to the king to reseise. And this enterpleder or traverse between them that claim as heirs is by the order of the common law and not by statute, and can never be, but where both their titles be found first by office, and the reason is, because that as soon as the matter is discussed between them, he for whom it is found shall forthwith have his general livery, which he can never have if his title be not first found by office: and therefore not like the case where a stranger traverseth with the king that is to have but an ouster le main, for there the king had no right too seize, and therefore his title need not to be found by office as I have said before. But in the other case who so ever shall claim the land as heir, his highness hath right to seize in the right of the said heir, and to have his primer seisin or wardship as the case doth require. And therefore his title must be first found by office: but where one heir is to traverse with an other heir during the kings possession, this shall not be until he that is first found heir by th'office come of age, because until that time, the lands ought to remain in the kings hands and then he to have livery: but whether he that was first found heir should tarry for th'age of him that was last found heir I have said my mind therein before in the title of Enterpleder. But where a stranger is to traverse, he shall not tarry for th'age of the heir for the causes before remembered. And so there appeareth to be a great difference between a traverse taken by him that is a stranger, and by him that is heir. But at this day most liveries that be sued are special liveries, which contain in themselves a pardon, and therefore the myssuinge of them is dispensed withal by the words of the pardon contained in the said livery. And so many of these things that I have spoken of before are not much to be observed if the livery or Ouster le main be not general. For I see no let but that an ouster le main may be granted specially as well as a livery. And last of all it is to be noted that this traverse extends not to every record that entitleth the king, but only to such records as be traversable, as an office or such like, as I shall show my mind therein more fully in the chapter of Petition. Other traverses there be which be traverses by order of the common law. And not by any statute, as traverses upon inditements or presentments, whereof I intend not to entreat in this place, among which traverses there is also by order of the common law a traverse concerning goods and chattels of persons attainted, for the which a man shall traverse with the king although his title thereunto be by double matter of record. As take the case to be, a man is attainted of treason or felony or outlawed in a personel action and after by office it is found that he was possessed of a horse or any other goods as his own proper cattle where in deed they be the goods of a stranger, in this case the said stranger shall traverse this office with the king. So is it if it be found by office that a man outlawed in a personal action is seized of certain lands which in deed are my lands, and theschelour by force of that falls office takes the profits, in this case I may disturb him without traversing th'office. And those cases appear .4. Edward .4. fo. 24. 13. Edward .4. fo. 8. T. 9 H. 6. fo. 20. & M. 47. E. 3. fo. 26. Then further. The words of the said statutes of anno 36. be, that if any came before the chancellor and show his right, whereby it may appear by good evidence that he hath an ancient right and good title, than the chancellor shall let the said lands to the party that tendeth the traverse yielding to the king the value if it be aiudged for the king, in manner as he and the other chancellor have done before him by their good discretions, so that he to whom it shallbe let find surety to do no waste or destruction before the travers be discussed. By the words of this statute it should appear that the Chancellors before this time by their discretions had used to let the lands to the party to farm, 
Quare impedit p. 34.  and that is true, for the king used so to do upon a petition which was made to his highness by the order of the common law in steed of a traverse now used, as appeareth 5. Edward 3. 
Travers, 12.  and therefore I think his highness may do so at this day both upon a petition and a Monstrance de droit, although the statute make no mention thereof, for so it was used to do by order of the common law, as it appeareth by the book before. And of this matter see the book .3. henry .7. Now is this statut amplified and made plainer in this point by the statute made in the .8. year Henry .8. the .26. chapter, which will that no lands or tenements seized into the kings hands upon inquest taken before escheators or commissioners be in any wise granted or let to farm by the chancellor or treasurer of England or any other the kings officers, till the said inquests or verdites be returned fully into the Chancery or th'exchequer, but all that time shall abide in the kings hands and by a month after the said return, if it be not so that he or they that feel themselves grieved by the said inquest or that are put out of their lands and tenements come into the chancery and offer to traverse the said inquests and to take the said land or tenements to farm, which if they do then the said Chancellor, treasurer, or other officer shall let them have them to farm shewing good evidence, proving their traverse to be true according to the form of the statute of an .36. E. 3. to hold till the issue upon the said traverse taken be found and discussed for the king or else for the party, and also finding sufficient surety too pursue the said Travers with effect, and to render to the king the yearly value of the tenements whereof the traverse shallbe so taken, if it be discussed for the king. And if any Letters patents of any lands or tenements be made to any other parson to the contrary, than the same to be void after the month. hereupon is to be noted that the shewing of the evidence is only rehearsed to the letting of the lands to farm & not to the traverse, For by this statute he may traverse without shewing any evidence, but not have the lands to farm. Also by these Statutes he is not bound to no certain time for taking of his travers, but only for taking of the lands to form, for he may tend his traverse when he will so he desire not the farm of the lands, But if he will have them to farm he must tend his travers within the month, as appeareth. P. 13. E. 4. fo. 8. and now by the statute of anno. 1. H. 8. ca 9 he hath three months liberty to do it. Also note the things that he must find surety for, that is to say, to sue with effect, to pay the rent after the travers be discussed, and to do no waste or destruction. In this word rend is emplyed all the arrearages of the rent that shall incur mean between the taking of the farm and the discussing of the traverse and yet it is not so expressed. Also the lease that is made to him that tends the traverse is not of any term certain, but only by these words Donec discussum fuerit, for the words of the statute be so, and therefore as soon as the traverse is found against him that tendeth it by and by the lease he had in the lands by force of the Statute is void, as appeareth in .4. Edward the .4. folio .29. without any further process: Howbeit forasmuch as the words be to hold till the issue upon the said travers taken be found and discussed, for the king or for the party, I would learn if the party be nonsute upon his traverse or that the traverse be aiudged against him upon a demurrer in law, whether the lose should be void or not, like as it shallbe upon the issue found.  
And it seems it shallbe by the words comprised in the said statute of anno 36. Edward .3. But not by any words comprised in the said statute of an .8. H. 6. For the words be tanque il soit adjudge, and therewih agreeth the book in 4. H. 6. fo. 12. Also note that before this statute of anno .8. H. 6. the king did use to grant the custody both of the lands and body to any other to whom he would after office and before any travers tended, and this grant was good, because it was not then restrained by any statute. Howbeit upon the travers tended a Scire facias should have been awarded against the patentee comprehending in the same all the traverse. And if he had been returned, warned and came not, his patent had been voide eo facto, as appeareth in the said book of .4. henry .6. at least wise for the lands, and yet there was then no statute that made them void, quod nota. And then by and by they should have been let to farm to him that had tended the traverse. But now whether since the making of the said statute of an .8. Henry the .6. fo. 17. a Scire facias. shallbe awarded against the Patentee upon a Travers, learn for the said statute makes such letters patents void for the grant of the lands, but not so for the body, and therefore it seems a Scire facias shallbe still awarded and the grant also of the said lands is not void till after the month. 
H. 8 H 6. 17. 5. E. 4. .3 & .5 M. 14. E. 4. 1  And now by the said statute of anno .1. Henry .8. not till after three months, and so it should seem by the book of .5. and .14. Edward .4. and 8. Henry 6. that a Scire facias shallbe awarded at his day notwithstanding the statute of .18. Henry .6. cap. 6. which ordeines that all letters patents made before the king's title found by inquisition returned into the Chancery or other matter of record shallbe voide. For that statute also extends but to lands or tenements no more than the other statutes do, so that the graunte● of the body or of any other thing which is no land or tenement is good at this day before any office or inquisition thereof found. And it is further to be noted that this statute of an .18. Henry. 6. makes not such letters patents good for any time which he granted contrary to the tenure of that statute but they be void forthwith. And learn and inquire if at this day within one month or .3. months after office found and returned the master of the kings wards and liveries with advise of one of the counsel of the kings court of Wards and liveries made a lease of the wards lands or of an idiots lands being in the kings hands for the time of the kings interest in the same, and after within the time appointed by the statute comes a stranger and traverseth the office, whether in this case he shall have the lands to farm or not. And it seems that no, because this statut that gives that power to the master of the kings Wards, was made long time since the statutes of an .8. or .18. H. 6. that is to say in the .31. year of king H .8. which statute is general and no saving or exception made of thither statutes before. And then it is a general rule Quod posteriores leges priori bus contrarias abrogant. And some thinks at this day for wards lands, or idiots lands there shallbe no letting of them to farm to him that tended the travers, if they were let before the travers tended by the master of the kings wards, but of other lands it remains as it was before the making of this statute of a .31. Henry .8. and note that if the king seize not for any Wardship but only for primer seisin because the heir is of full age, if a stranger in this case will traverse it is to little purpose. For if the king by and by after will make livery to the heir, the traverse is become void as appeareth 1. Henry .7. fo. ●. for the king in that case hath no cause to retain the land but to deliver the same to him in whose right he seized being able for it, and he that tended the travers is at no mischief, for he may now after this livery pursue for his remedy against the heir, and if it should tarry in the king's hands for the traverse sake, his highness should then have all the profits if the travers were found with him for all the time that the said travers did depend, whereunto his highness hath no right but only the heir, and therefore it seems there shall be no traverse but where the lands is to abide in the kings hands for a certain time, as for Wardship, fine for alienation, or such like. But if he that tended the traverse be found heir by office, and is to have livery of that land as well as the other that was first found heir, otherwise it is for the reason made before. And so of an enterpleder, For in that case the king is bound to make the livery to him that is tried rightful heir, but not so in the case of a traverse tended by a stranger which claims not as heir, for he is to have no livery, but only an ouster le main, by which ouster le main the king delivereth nothing but leaves his own possession as one that hath no right to keep the possession any longer. And it appeareth sufficiently that he had no right to keep it after the time the heir that should have it was of full age: Wherefore a stranger in that case cannot traverse, for so two that had no right, by traversing together might keep the third that hath right from his possession: which was never the meaning of the makers of the said statutes. And notwithstanding that this book. 1. H. 7 be that after the traverse and before the farm granted the livery was made, yet that makes no difference, for whether the farm were granted before the livery or after when the travers is become void by the livery, the farm which dependeth upon the same is also void as me seemeth. And note also that the said statute. 1. Hen. 8. which gives three months for having the lands to farm makes no mention of the treasurer of England, but only of the chancellor, so that for any thing that is to be let by force of that statute it must be done only by the Chancellor and not by the treasurer. As it should seem as well of offices returned into th'exchequer as into the Chancery, and therefore within the month after an office returned into th'exchequer, the treasurer may let the lands to farm to him that tends the traverse according to the said statute. 8. H. 6. But if it be to let after the month the chancellor of England must do it as it should seem. And note also that by a statute made anno. 1. H. 8. cap. 11. Any person that sued his liver in time of king H. 7. upon any office that found he held in chief where in deed he held not in chief, which said offices were found by the procurement of Empson and Dudley in the time of the said late king, may trauerseth th'office in like manner and form as he might have done before the livery sued, if it be so that he be now seized of the same lands, saving that he shall not be restored to the mean issues and profits. This statute seems not to extend to the parties heirs that had livery, but only to the party himself. Quere hoc.  
And note that in the court where th'office is first returned into, there I shall tend my travers: as if it be returned into the Chancery, then in the chancery, and if in the Exchequer, then in th'exchequer, as in deed all offices virtute officij are retournable in th'exchequer only, and such as be virtute brevis vel commissionis be retournable in the Chancery. And now by the Statute of .33. H. 8. cap. 22. No escheator may sit virtute officij only to find any office of lands holden of the king of the value of v. li. or above upon pain to forfeit v. li.   

Monstrance de droit.  
THe Statute of an .36. E .3. that giveth a traverse saith in this wise. Et sil eit nul home qui met challenge ou claim aus terres issint seisies que leschetour mand lenquest en la chauncellarie deins le mois apres les terres issint seisies, et que brief luy soit liuere de certifier la cause de sa seisin en la Chancellarie, et illeoques soit oye sans delay de trauerser loffice ou auterment mre son droit, et illeoques mand devant le roye a fair final discussion sans attender altar maundement. This statute speaks both of traverse and Monstrance de droit disiunctively, whereby a man may gather that if monstrance de droit were not by thorder of the common law as it is said 13. E. 4. f. 8. that it is: yet were it given by this statute. And no book that bears date before this statut can I find that treats any thing of monstrance de droit. Wherefore without prejudice to any man's opinion, mine opinion is that it is given only by this statute, but whether it be so or not so, I do not greatly force. Let us see what it is, & in what cases it lieth. If the king be entitled by office or other matter of record that is traversable, Howbeit there is no cause of traverse for that the office or record is true, in this case any man that hath right to the possession of the freehold of this land which in shewing of his right is able to confess this office and avoid it, shallbe received if he be put out of his possession or grieved thereby to come into the Chancery and show his said right, which being there proved to be true, judgement shallbe given that the kings hands be amoved from the possession of the said lands with the mean issues and proftes to be restored unto the party that sueth the said monstrance de droit As for an example, it is found by office that the kings tenant by knights service in chief died seized of certain lands which are descended to his heir being within age, where in deed in his life time I recovered this land against him, and suing no execution suffered him to die seized thereof, now upon this office returned into the Chancery shall I come & show my right, that is to say, this recovery and aver that this land found by office is the land that I recovered or parcel thereof, which being so proved and tried I shall have an Ouster le main. Like law it is if the king's tenant disseised me of those lands, and I made my continual claim, or that I had title to enter for condition broken into the said lands in the life of the kings tenant, and I entered and after was disseised by him. But quere if I did not enter in his life, whether now I may be helped by a monstrance de droit upon the kings possession. And me thinks not because I have no right in that case till I enter, for until that time the right continueth still in him, so that the king than hath a right ere I have a right which ought too be preferred and take place since it is but for a time before mine. And for these cases see the book in .3. H 7. fo. 2. But if the king be entitled by matter of word not traversable as if he be entitled by double matter of record, in this case I can not have my monstrance de droit no more than I can have in the like case of Traverse, unless my title be found by one of the said records. As take the case to be, It is found by office that one such that holdeth of the king disseised me, and then committed a felony, upon whom I entered, after which entry the said tenant was attainted of the felony, in this case I shall have the land out of the king's hands by a Monstrance de droit causa qua supra. And yet the kings title is here by a record and not traversable, that is to say, thattainder. But what than? My title is also found by office, and appeareth by matter of record, 
M. 3. E. 4. 26 A. 4. H. 7. 6  which being proved true doth clearly avoid the kings possession, and that is the reason I shall be received in this case to a monstrance de droit, as appeareth in .3. Edward. 4. And therewith agreeth the book 4. Henry. 7. where king Richard the third was attainted of Treason by act of Parliament and found by office that he was seized of certain land, cometh one B. and saith that in the said Parliament it was enacted that an attainder of treason had against the father of the said B. should be avoided and annulled, and he restored to his lands, and that these lands comprised in the office were in the hands of the said king R. by attainder of his father, & aiudged that upon this monstrance de droit the party should have restitution because his right appeared by matter of record. Like law is it where it is found by office that such a one is attainted of felony & is seized of such lands which are holden of the king, now he that hath cause to sue his monstrance de droit can not be admitted thereunto by reason of these two records. Howbeit if it be so that there is no such attainder in deed, then may the party that would sue a monstrance de droit say that there is no such record of attainder, which being found true, he shallbe received to his monstrance de droit, as appeareth in the said book .4. H. 7. For now is there no record against him but only the office, and notwithstanding that by th'office thattainder is found, yet this finding makes nothing for the king: if it be untrue: For the jury can never find a matter of record, and if they do, it is to little purpose: for the record is ever triable by itself, and if there be such a record it will appear though they find it not, and if there be none, the finding of it is void. This may you see that a Monstrance de droit lieth sometimes although the king be entitled by double matter of record, if it so be that the party's title appear by matter of record or else it lieth not: 
M, 14. E. 4. f. 1. &. 7  And yet Choke, Littleton and Nedham, held opinion in .14. E. 4. that if it be found before thescheator that one was tenant in tail of certain lands holden of the king the remainder to another in fee, and that he in the remainder is outlawed of felony, and that tenant in tail is dead without issue, where in deed he being tenant in tail before the statute De donis condicionalibus after that he had issue enfeffed one B. in this case the said B. shall show this matter, and that the utlagarie was after the feoffment made and so have the lands out of the kings hands by a monstrance de droit: But it should seem their opinion is against the law and the books before rehearsed, unless this feoffment were found by office, 
Petition .12. Travers .7.  because it appeareth that the king in this case is entitled by double matter of record. And note that where the king is entitled but by office alone, there the party may have his monstrance de droit although his title be not found by office, as well as he should in the like case if he were to take a traverse, But otherwise it is where the king is entitled by an other record beside the office which is not traversable, there he shall not be received unless the party's title appear by matter of record. And note that if the king have committed the land over, he that sueth his Monstrans de droit must sue a Scire facias against the commit even as he should upon a traverse, and as for taking the lands to farm or for suing the said Monstrans de droit during the time the heir in whose right the king hath seized is within age. Like law is to be used as is before declared upon the title of Traverse.   

Petition.  
Petition is all the remedy the subject hath when the king seizeth his land or taketh away his goods from him having no title by order of his laws so to do, in which case the subject for his remedy is driven to sue unto his sovereign lord by way of petition only: for other remedy hath he not, as it hath been sufficiently declared before upon the 15. cha. of the king's prerogative. And therefore is his petition called a petition of right, because of the right the subject hath against the king by the order of his laws, to the thing he sueth for. And this petition may be sued as well in the parlemnt as out of the parliament, & if it be sued in the parliament, than it may be enacted & pass as an act of parlemnt, or else to be or dread in like manner as a petition that is sued out of the parliament which is in this manner, first after the petition is endorsed it shall be delivered to the Chancellor of England, & then shall there be a commission awarded out of the chancery to find the right or title of him that sueth the petition, which being found by inquest, than he may enterplede with the king and not before, 
Travers 51.  as appeareth in 18. E. 3. fo. 15. 4. E. 4. f. ●. 11. H. 4. f. 5● et 10. H. 4. And if upon the said commission no title be found for the party but only for the king, yet the petition shall not abate, but the party shall have a new commission in that case for the petition is butt as void until the party's title be found by office, 
Petition. 11.  and is not to be said depending until that time, as appeareth in .3. H. 7. Quere for he sued a new petition in that case. And note that when the petition is endorsed, the party must follow and pursue the same according to the endorsement, or otherwise his suit is void: because the endorsement is his warrant there in, 
Petition. 1. 3. &. 18.  as appeareth in 18. 22. et 46. E. 3. and therefore sometime bills of petition be endorsed and sent into the kings bench or common place and not into the Chancery, and that groweth upon a special conclusion in his petition and a special endorsement upon the same, for the general conclusion is que le roy luy face droit et reason, which is as much as if he had prayed restitution of that that he sueth for: And there upon such a general conclusion the endorsement is Soit droit fait as parties which ever is delivered unto the chancellor, as is declared. But if the conclusion in the petition be special and the endorsement special, than they shall proceed according to the said special endorsement. As for an example, the king recovereth in a Quare impedit by defaute against one that was never summoned, in this case the party that lost can not have a writ of deceit until such time as he have sued unto the king by petition for the said writ and if in his petition he conclude and pray that the king do him right generally, now the justices before whom the recovery was had can not examine the deceit without an original writ directed unto them for that purpose, and yet before he obtained that writ his right shallbe inquired of by commission, but if he conclude specially in his petition that it may please his highness to command the justices to proceed to the examination, which petition is endorsed accordingly, them may they do it, without any such writ or commission to be sued, as appeareth in .10. H. 4. 
Travers 51.  So ever the following and pursuing of the thing must be according to thendorsement, for howsoever the conclusion in the petition be, the endorsement may be always as it shall please the king as me seemeth, and according to that the party must pursue it. And note that in every petition where the king hath granted the land over to an other, a Scire facias must be awarded against the patentee like as it shall be where a traverse or Monstrans de droit is tended, which patentee if he have not the whole fee simple but that there is a reversion in the king or that the king is bound to warrauntie, when he appeareth upon the Scire facias he may pray a write of Search to be awarded into the treasury to search what they can find for the kings title, as appeareth in .9 E. 4. f. 5●. where Sottle sayeth that every petition must make mention of all the kyinge titles, for if it be found by the writ of search that any be omitted, the petition shall abate: & the reason of it is because that if on this suit of petition the king take an issue with the party which is found against him, his highness then shall be concluded for ever more to claim by any of the points contained in the said petition. And here with agreeth the book T. 16 E. 4. 
16. E. 4. f. 6.  But quere if search shall be granted upon a traverse or Monstrans de droit, because the statute of An 14. E. 3. cap. 13. that concerneth search doth speak only but of a petition, but to that it may be said that at the time of making of the statut there was no traverse given. And Skrene sayeth .7. 
Petition .6.  Henry the fifth that search shall not be granted but where one sueth by petition. And note also that in every petition whether it be sued in the parliament or else where, or whether the lands remain in the kings hands or not in the kins hands but be granted over, yet writs of search shallbe awarded to search the kinks title ere the party shall enterplede with the king. Also 〈◊〉 appeareth in the book of .16. E. 4. before remembered the in●● a petition the kings patentee had aid of the king, & there appeareth also that if the king be not entitled by any matter of record but without any title do enter into my land whereby I sue unto his highness by petition, that in this case no search shallbe granted, because no title can be intended for the king in such case. Thus have I opened & declared the manner of suing a petition, but to declare specially where it lieth & where not it were a long matter to entreat of, But generally & by general rules a man may briefly declare it, that is to say, in all cases where the party hath a right against the king, & yet no traverse or Monstrans de droit, will serve, there is he driven to his petition. As for an example, where the king is entitled by double matter of record. Like law is where he is entitled by a record not traversable, as take the case, the king recovered by assent and without title, a stranger that hath good title shall not salsify this recovery by a traverse or Monstrans de droit, but is driven to his petition, so it is where the king recoverethe by erroneous process the party shall not have a write of error, until he have sued by petition for it. So likewise it is if lands are holden of me buy knights service a stranger brings a praecipe in capite of those lands against my tenant & recovereth by default, although by this recovery, I am not put out of possession of mye signory but that the tenant holdeth of me as he did before and also of the king by conclusion, yet in this case if the recoverer die his heir within age, and the king seizeth the ward, I am driven now to my petition for the ward, 
17. E. 3. f. 36.  as appeareth in .17. E. 3. for this is an other thing than ever I was seized of. Also it is a general rule that where a stranger that hath title can not entre upon a common parson but is driven to his action, there he can have no remedy against the king but only a petition, as take the case to be. It is found by office the king's tenant in chief died seized his heir within age where in deed the said tenant had nothing but by disseisin done to me, & I suffered him to die seized without any claim made, in this case I get no remedy by monstrance de droit or traverse, but am driven to mye petition. And so in all cases like where mine entre should be tolled if the lands were in the hands of a common person, as appeareth in 8. &. 9 H. 4. 
M. 7 H. 4. fo. 27. 36. et 41. T. 9 H. 4. f. 7 et 11.  Also where as the king doth entre upon me having no title by matter of record or otherwise and put me out, and detains the possession from me that I can not have it again by entry without suit, I have then no remedy but only by petition. But if I be suffered to enter, mine entry is lawful, and no intrusion: or if the king grant over the lands to a stranger than is my petition determined, and I may now entre or have mye assize by order of the common law against the said stranger being the king's patentee, as appeareth in 4. E. 4. f. 23. &. 
Assize. P. 156  M 24. E. 3. f. 34. And a great difference is between this case & the case where the king is entitled by double matter of record or such like, for in these cases notwithstanding the grant made over by his highness of the lands to an other, yet am I driven still to my petition to the king and have no other remedy, but it is not so in this case: and the reason of this diversity is because that when his highness seizeth by his absolute power contrary to the order of his laws, although I have no remedy against him for it but by petition for the dignities sake of his person, yet when that cause is removed & a common person hath the possession, then is mine assize revived, for now the patentee entereth by his own wrong and intrusion, and not by any title that the king giveth him for the king had never title ne possession to in that case: and therefore not like the other cases before, where the king hath the lands by the order of his laws that is to say by double matter of record or such other like. 
Travers. 134  And this appeareth in 4. E. 4. f. 21. et 25. et in. 24. E. 3. f. 34. et 33. li. ass. Like law is if I have a rend charge out of certain land and the tenant of the land enfeffed the king by deed enroled, now during the kings possession I must sue by petition, but if his highness enfeoff a stranger I may distrain for my rent upon the stranger, and so is it in all the cases before. where a man may have his traverse or monstrance de droit, if the lands be once out of the king's hands, the party then may have his remedy that the common law giveth him: for in all these cases the petition did lie only for the dignity of his person and not for the right that he had to the possession of the thing. But if the king purchaseth lands holden of me, learn what remedy I may have for my signory during the kings possession: for wilby sayeth in 20. E. 3. that I have no remedy in the case and if his highness make a feffmnt of these lands to hold of himself, 
Assize. 124.  yet can I not distrain for my signory like as I might do in the case of the rent charge before, because there can not be two. signories of one self land, but am driven to my petition in this case, 
Petition. 1●  for the king upon this feffmnt by order of his laws should have revived the signory in me that is to say, to have a●de the feoffee to hold of me of whom it was hold before, as appeareth in 46. M. E. 3. &. 7. E. 3. f. 59 and so hath it been used always where his highness hath lands by forfeiture of treason holden of a common person, if he make a feoffment of those lands it must be Tenend of them that they were holden of before as I have opened upon the xii. chapter of the kings prerogative. And so it is where the time is concluded to his highness for a mortmain: But that is given by the statut de religiosis. Also if the king disseise my tenant, during this possession I have no remedy for my signory but only by petition, & if the king enfeff mye tenant to hold of his highness, yet have I no remedy for my signory, but only by petition. But if one hold certain lands of me which are falsely found by office to be holden of the king in Capite, and the king seizeth them & enfeoffeth my tenant thereof to hold of his highness, in this case I may now distrain for my signory & am not out of possession, 
Auowrye. 113. Assize. 122. 124.  & these cases appear .20. 32. et. 46. E. 3. fo. 1●. & the reason of the diversity is this, because that in the last case my signory was never suspended, but ever more had his being and that notwithstanding th'office, for it did not appertain to me to trauerse th'office and discharge the tenure, but that matter was left to my tenant to do, and seeing he did it not he hath charged himself of a tenure by way of conclusion to the king as well as to me, but it is not so in the other case. Also it is to be noted that if the king seize lands in title of Wardship and make a feoffment thereof in this case the heir need not to sue his petition but may have a scire facias, to repele the said letters patents, because the king was deceived in his grant as it appeareth. T. 7. H. 4. fo. 17. & M. 21. E. 3. fo. 50. For there the king himself is in possession still till livery be made so the heir there hath no cause to sue by petition, & the king is bound to deliver it unto him in whose right he seized. Also note that suit by petition can be to none other than only to the king, for no such suit shallbe made to the Queen or to the lord prince, for these parsonages have no such prerogative, as it appeareth 10. &. 11. 
Travers. 51.  H. 4 et. 10. et. 14. E. 3. but though the king he seized sometime in an other bodies right and not in his own, 
Petition. 4 Vourcher. 135. Scire facias 135.  yet the suit that is to be made must be by petition as well as if he were seized in his own right, as appeareth .10. H. 4. And as I said in the beginning a man shall have his petition for goods as well as for lands, as where thescheator seyseythe goods of one that is outlawed and hath accounted for them in the Exchequer and after thutlagarie is reversed in this case the party hath no remedy for his goods but only by petition. 
Petition. 8.  And this case you shall see in .34. H. 6. Howbeit Catesby & Hussey hold opinion to the contrary here of M. 1. 
Petition. 10  H. 7. And learn if a petition be sued for lands and the plaintiff be nonsute whether it be paremptorie or not, because some say that that suit is as it wear his write of right, 
Petition. 11. et 17.  and hereof see the book. 11. H. 4. & .3. H. 7.   

¶ Where a Scire facias must be sued before a livery or Ouster le main.  
IF the king be seized of a ward and granteth it durant minore etate now when the heir cometh of full age and sueth his general livery he needeth not to sue a Scire facias against the patentee, because his estate is determined by the full age of the heir, and yet it may be that the heir had forfeited his marriage unto the patentee, and then he hath good cause to retain the land till he be satisfied of the forfeiture. But the law shall not intend any such forfeiture to be, and therefore there needeth no Scire facias be sued. Like law is it, as seemeth if the king grant the wardshyppe for no time certain, but quamdiu in manibus nostris fore contigerit, if he make a special livery unto the heir being within age, there needed no Scire facias to be sued, so is it where the grant is but dutante beneplacito nostro, but if the king have land in ward and enfeffeth thereof a stranger some think the heir needeth not to sue any Scire facias against the feoffee but at his pleasure, and some other think he must, beccause his estate is not determined by the full age of the heir, as it is in the first case I put before. And it may be that an auncester collateral unto the child hath released with warranty which is descended which the feoffee might plead if he came in by Scire facias or else by the livery she said warranty is utterly lost, & these cases appear P. 7. H. 4. f. 27. 30. & 43. 10. 
M. 12. E. 3. 50 2. H. 7. f. 2  H. 6. f. 20 M. 1. H. 7. f. 11. & .5. E. 4. f, 3. Howbeit me thinks it were wisdom for the heir to sue a Scire facias to th'intent that he thereby with the kings help might repel the said letters patents and bring them as it were out of his way, which thing he may ●oner bring to pass by the kings suit than by his own. Also the heir when he sues livery need not to sue any Scire facias against him that hath the lands to farm upon a travers, as appeareth in 1. H. 7. 
Livery. P. 18  for he hath no term certain in the land but donec discussum fuerit, which words are become void after the heir is of full age, because it can not be then discussed with out prejudice of the heir: and therefore void. Then further let us see where he that sueth by petition or that tendeth his travers or Monstrans de droit shall sue a Scire facias and where not. And as to that it is a general rule that if the king have granted the wardship of the lands over for any term certain, or granted any other certain estate in the lands, he that sueth his petition, Monstrans de droit, or traverse must sue a Scire facias against the kings patentee in such case, 
Travers 25.  but he needeth not to sue any against the heir in whose right the king is seized of the land, because he that sueth doth not plead with the heir but only with the king or such as hath his interest, as appeareth in 37. lib. ass. Like law it is if the kings grant be but durant beneplacito nostro, or that it be made hanging the traverse, petition, or Monstrans de droit, in this case he that sueth need not to sue any Scire facias. And these cases appeareth in 5. E. 4. f. 3. & 13. E. 3. 
Brief P. 260.  And note that if the king grant the wardship to one which granteth it over to the husband and to his wife, then must there a Scire facias be sued both against the second lessee and the patentee, but the wife need not to be named in the Scire facias, For there lieth no voucher in this Scire facias Howbeit in a writ of guard she should have been named, but also of the voucher, 
Brief. 618.  and this case is adjudged. 46. Edward the third and yet nevertheless Neuton is of opinion in. S Henry the sixth f. 17. that no Scire facias shallbe awarded against the lessee in this case but only against the king's patentee. And learn if the king grant but the body alone whether there need any Scire facias to be sued or Noah. Also note this case, that is to say, where the king seized forwardshippe before office and made a grant over, and after office was found whereby it appeared that the child's father in whose right the king seized, 
Assize. P. 156  was but tenant for term of life, the reversion to an other, in this case he in the reversion had an Ouster le main without suing any Scire facias against the patentee, as it appeareth in .10. Edward the third, and at this day the case is more stronger for such a grant were void because it is before office. And therefore upon any such void grant there need no Scire facias And in .14. Edward the fourth fo. 1. it appeareth that one had traversed an office which was sent into the kings bench to try and had forgotten to sue his Scire facias, and yet he was suffered to go again into the Chancery to pray a Scire facias upon the first traverse for it was said that the Chancery is a court of conscience and for that cause the thing that was there amiss may be reform at all times. And learn if this Scire facias be sued against many and one of them dieth whether this shall abate the traverse, Monstrans de droit, or petition whereupon it is sued or else only the Scire facias, It seems that nothing shall abate but the Scire facias because no mention is made of the tenant neither in a traverse Monstrans de droit of petition. And of this matter see the book in M. 7 H. 4. fo. ●.   

Ouster le main.  
OVster le main is the judgement that is given for him that tendeth a traverse or sueth a Monstrans de droit or petition, for when it appeareth upon the matter discussed that the king hath no right nor title to the thing he seized, than judgement shallbe given in the Chancery that the hands be amoved: and thereupon Amoveas manum shallbe awarded to thescheator, which conteruailes as much as if the judgement wear given that he should have again his land as appeareth, in 24 E. 3 f. 3●. and this judgement sometime is given in the kings bench and not in the chancery, & that is in case where the parties descend to an issue. then for the trial thereof they of the chancery must award a venire facias returnable in the king's bench at a certain day, at which day notwithstanding that the sheriff return not the writ, yet the Alias venire facias shall not be awarded out of the chancery but out of the kings bench: for there and no where else it is recorded, quod vicecomes non misit breve, as appeareth in .13. E. 4. f. 8. And when the issue is found for the party they of the kings bench shall gave judgement & award an ouster le main without suing for the same in the chancery, as appeareth in 21. H. 7. & .29. 
Livery. P. 10  li. ass. and yet the record of the issue that was tried was not sent thither but only the transcript thereof, but what then, the judgement is to be given upon the verdict which is there of record, and when both courts be courts of the common law and the kings courts, they use not to remaunde any thing to the place from whence it came but to give judgement there where it is tried, and Shared said that when a record comes once into the kings bench, it shall never go from thence. Also note that sometime there goeth an Ouster le main as well to the kings patentee as to the escheator and that is where the king hath granted the thing that he seized to any other, but notwithstanding that there go such writs of Amoveas manum both to thescheator and to the party, yet the king is out of possession as soon as judgement is given in the chancery, not forcing whether any of these writs be awarded or not either to thescheator or to the party: and thereupon the party for whom judgement is given may entre forth with into the lands and shallbe said Noah intrudor, 
Assize P. 156.  as appeareth in H. 10. E. 3. and the reason of it is because the judgement tieth not the king to the delivery of the possession, but only to leave his hands of the possession. And note that if a Diem clausit come to the escheator, he hy virtue of that write before he make any inquiry may seize the land for the kings beehofe, which after he hath once seized, if after by office no title be found for the king than the party that ought to have again the land, may sue for the same in the chancery where the office is returned and then Amoveas manum shallbe awarded, for until the making of a statute at Lincoln. Anno .29. E. 1. called the statute De escaetoribus the party had no remedy in such case but only to sue unto the king himself, as it appeareth by the said statute, and now that statute gives an Ouster le main una cum exitibus. Howbeit this Ouster le main may not be sued by parcels no more than a livery and therefore if diverse writs or commissions be awarded into divers counties to inquire after the death of A. B and in one county it is found that he holdeth nothing of the king but in socage, and in the same county and buy the same inquest it is found that he holdeth of an other by knight's service yet the lord by knight's service getteth no Ouster le main until the other inquests be also returned in, Causa qua sup for if he should, than he should have it for the lands and not for the body, and so should have it by parcels, for the body may not be delivered as long as there is any inquest to be returned in. And the reason of it is, because that inquest may find a tenure of the king by knight's service in chief, in which case his highness ought to have the whole lands, and if it be but a comen tenure by knights service, yet his highness at the least ought to have the preferrment of the body, yea & though the lord of whom it is found to be holden be the archbishop of Caunt or such a one against whom the king's prerogative will not hold for the lands, yet because it holds for the bodies he getteth no Ouster le main until all the offices be returned in, for the reason before made, as appeareth in 16. E. 3. 
Livery p. 29  Howbeit by favour and grace of the court tharchbishop had his Ouster le main before the other offices returned. And so note how in times past men have sued Ouster le main upon a seisin made for the king although the office found afterward did not entitle his highness. Howbeit at this day it is not so used, for thescheator will not seize unless there be an office found, although he might lawfully do it by the words of the writ Diem clausit, which usage I do nothing mislike, considering the great trouble it avoideth that might else ensue to the kings subjects. And note that in all cases where the king is seized or in possession of the land by office or any other matter of record, his highness seisin can not be delivered out of him until such time an Ouster le main be sued, as if the king be seized by office of the land of any Idiots, or for amnum diem & vastum of lands of any that is attainted, in these cases he that should have these lands after the kings title determined must sue an Ouster le main, otherwise it is where the king is not seized of the land but only entitled to the profits, as of the lands of him that is outlawed in a personal action, or of clerk convict or such like, there need no Ouster le main to be sued, as appeareth in .8. E. 2. 4. 
Travers 28.  E. 3. and .9. H. 6. f. 20. and if the lands which is seized into the kings hands be holden jointly buy many yet every one of them by himself may sue his Ouster le main of his own part without his companions, as appeareth in .2. 
Assize p. 166.  H. 4.   

livery.  
THe manner of the suing of a general livery doth partly appear in the title of Livery in the great abridgement of justice Fitsherbert A. 12. H. 4. ti. Livery p. 4. & A. 21. R. 2. ti. Livery. p. 5. Where it is declared that after the heir that was in the king's ward is come to full age, than a writ De etate probanda shallbe awarded unto the sheriff of the shire where the said heir was borne, to inquire of his age, in which case it is required by the law that every one that shall pass in that inquest shallbe of the age of xliij years, meaning thereby that they & every one of them should be of full age at birth of the child, because that such have better knowledge and remembrance than other of lesser age have, and that the heir that is in ward inform the inquest by certain signs and tokens of the time of his birth, as to say, that that year there was a great tempest or a great plague, or such like, which signs so given in evidence shallbe returned by the shirive as well as the principal matter. But whether it be requisite to have xii. or a less number in the said inquest or not, learn, for some think that any number from two upward will serve, because the trial is by proofs, and see the new Natura brevi 'em fo. 136. where it appeareth that this writ of Etate ꝓbanda was directed to the escheator of the county where he was borne and not to the shirive. Howebeeit note always that they where the land is shall never inquire of this matter, unless the birth and land wear both in one shire, for they have inquired of it already, that is to say when they did find the first office. Thus when they have found his age, that inquest shallbe returned into the Chancery, and from thence shallbe awarded a write to the Lord Keeper of the privy seal, signifying unto him that the heir is of full age, and upon that a privy seal shallbe directed to the Chamberlain of England to receive his homage, which being received, the said lord Chamberlain shall certify the lord chancellor by write of the receit thereof, and then shall the heir have his livery. But it seems that if the heir were never in ward but of full age at death of his ancestor and so found by office, that then he shall have livery as is declared upon that office only, without suing any writ of Etate probanda: for the writs of livery in this case make no mention of any Etate probanda as they do in the other case, but if the heir be within age and in the kings ward and after when he comes to his full age other lands descend unto him which the king also seizeth by an inquest that finds the heir of full age, yet this not withstanding he must now sue an Etate probanda upon both offices, as appeareth in M. 13. Henrye the fowerthe. And the reason of it is, 
M. 13 H. 4.  because the finding of him of full age is but as void as long as there is a record which found him within age, to the which record the king might cleave unto as the best record that maketh for him until such time the contrary thereof be proved buy the write of Etate probanda. howbeit at this day the statut made Anno. 33. H. 8. hath much abridged the fees that have been given upon the suit of a general livery, namely for liveries to be sued of clear yearly value of v. li. or under, and that it may be sued without any office to be found. But I do not see that the manner of the suit is in any other point altered or changed by the said statute but it remains as it did before And that statute also giveth men licence to sue a general livery of lands not exceeding the clear yearly value of twenty li. whereby I see no let but that a man may sue his general livery also for lands above the yearly value of xx li. as he might have done before the making thereof, for this statute is not contrary to any law that was before in that point, saving that a general live very under the value of twenty li. can not pass or be sued if he have not first his warrant from the master of the kings wards and liveries, surveyors, attorneys, and general receiver, or three of them, signed and subscribed with their names and hands. Thus may you see the manner of the suing forth of a general livery, which livery may not be sued by parcels as I have said before, but entirely, that is to say, of all the lands the king is or aught to be seized of in his right that sues the livery. And therefore if the heir sue livery but of parcel of that that is found by office, or if the ancestor we are seized of other lands than are found buy office, if the heir sue his general livery before an office thereof found omitting them in the livery, the livery is missued, 
T. 12. R. 2.44. E. 3. f. 1●. et. 25. 2. H. 7. f. 2.  as appeareth in .12. R. 2. 44 E. 3. &. 2. H. 7. and therefore it beehoves the heir before he sue his livery to cause an office to be foind in every sheer where his auncester had any lands. And this entire livery is intended as well of lands holden of other lords being in the kings hands as of the lands that are holden of the king, and therefore if a man hold of the king in chief by knights service, and of other lords in socage and die his heir being a daughter within the age of xiiii. years, in this case when the said daughter cometh of the age of xiiii. years she getteth no livery of the lands holden in socage: but must tarry till she be of the age of xvi. years, that she may then sue livery of the whole, as appeareth .35. H. 6. 
H. 35. H. 6. Livery. 19  But note that in some cases one shall have livery of parcel, and that is where lands descend to diverse daughters and one is within age and the other of full age, now she of full age shall sue livery with a partition of her part of all things that are severable: and this livery is well sued although it be not of the whole lands descended, but if there be any things in the king's hands not severable, as advowsons or such like, that must so remain still until the other be of full age, as appeareth. 38. H. 6. 
38. H. 5. f.  And so note that in a general livery if any thing be omitted, the livery is missued: and therefore some say that after such a general livery had there shallbe a writ awarded to inquire of the concealment, that is to say, whether the heir hath left out of his livery or not any of the lands that were his ancestors, which writ is called breve de terris concelatis. And see the statut. 28. E. 3. ca 4. that gives the rents to them that sue livery when the rend day cometh although it cometh next day after their livery. And look more for livery in the exposition upon the third chapter of the king's prerogative.   

Reseisir  
REseisir lieth where a general livere or ouster le main is missued by any person or people unduly and not according to the form and order of the law, or upon an office which is insufficient in the law for the party to have livery or ouster le main, in this case the king may reseise the lands without suing any process against the party, 
Livery P. 8.  and shallbe answered of all the mean issues and profits received and taken from the time of their first seisier if it were sued out of his hands by an ouster le main, and if by a livery, them but from the time of the livery. And the party that hath pursued it shallbe accounted none other than as an intruder upon the king's possession after office, in which case no freehold shallbe aiudged in him, nor his wife of that possession shall have any dower, as appeareth 18. E. 3. 21. E. 3. fo. 1. 
H. 2. E. 3. f, 1. 24, E. 3. 34.  & 24. E. 3. fo. 34. But if one have livery or ouster le main by due process, and after a record is found in the treasury or else where, or an office in the country, whereby the king is entitled of a title grown unto him before the suing of the said livery or ouster le main, although the party should have had no livery or ouster le main in case the said records had then appeared unless he could have avoided the said records, yet for as much as they did not then appear, he shall not be now after livery or ouster le main cast out of his possession with out a Scire facias to be pursued against him, for so hath the statut provided that was made at Lincoln in the 29. year E. 1 called statutum de Escaetoribus, the tenor whereof is this Ad parliamentum regis apud Lyncolne tentum in octa bis sancti hillarii anno regni sui vicesimo nono, per consilium regis concordatum est coram domino rege, ipso rege consentiente et illud extunc fieri et observari precipiente, de consilio venerabilis patris w de langton Couētr et Lychr. episcopi tunc eiusdem regis Thesaurarii, johannis de Langton Cancellarii et aliorum de consilio tunc ibidem presentium, et coram rege, videlicet. Cum inquisiciones per escaetores suos capte per quecunque brevia Regis in cancellaria ipsius domini regis fuerint retorun, et per easdem inquisitiones compertum fuerit quod nihil tenetur de ipso domino rege, per quod custody terrarum et ten' huiusmodi ratione inquisitionis in manum domini regis per ipsos escaetores capte ad ipsum dominum regem nullo modo pertineant: quod statim & absque dilatione aliqua mandetur per breve domini regis de cancellar' precipiend' quod escaetores de terris & tenementis sic in manum domini regis per ipsos captis manum suam amoveant omnino, & exitus si quos levauerint de ipsis terris et tenemntis sic in manum domini regis ꝑ ipsos captis de tempore quo terre & ten' illa in manu domini regis exti terint, integre reddant ipsi vel ipsis cui vel quibus per inquisitiones prius per eosdem escaetores captas compertum fuerit quod terra et tenementa illa debeant remanere, saluo semper domino regi, quod si postquam escaetores sui manus amoverint, per breve ipsius domini regis, ut predictum est, all quid contigerit inveniri in cancellaria vel ad scaccarium, vel alibi in curia ipsius domini regis, per quod custodia terrarum aut ten' eorundem, de quibus escaetores manus suas amoverint in forma predicta domino Regi pertineant, quod statim premuniatur ille, in cuius seisina tenementa predicta fuerint per breve de cancellaria, quod sit ad certum diem coram domino rege, ubicunque. etc. ostens. si quid pro se habeat vel dice re sciat quare dominus Rex custodiam earundem terrarum et tenementorum habere non debeat, juxta formam evidentiarum seu memorandorum pro ipso rege compertorum. Et si venerit, & pro se osten dat quare eadem custodia ad dominum regem non pertineat aut pertinere non debeat immo quod remanere sibi debeat recedat quietus, & custodiam suam retineat. Si autem premonitus non venerit, vel venerit, & nihil sciat dicere, quare rex custodiam illam habe re non debeat▪ statim resesientur terre & tenementa illa in manum domini regis nomine custody tenend. usque ad legittimam eratem hered. eorundem, sicut superius dictum est Et si compertum fuerit per inquisitiones per escaetores suos factas et retornatas, quod custodia eorundem terrarum et ten' in inquisitionibus contentorum, et in manum domini seisitorum domino regi remanere non debeat, quod statim mand tur escaetoribus quod manus suas amoveant, et exitus integre reddant. etc. Eodem modo si postea compertum fuerit per evidentias & memoranda in cancellaria aut scaccario vel alibi, ut predictum est, quod dominus rex custod' eorum habere debeat respondeatur ipsi domino Regi de exitibus integre per manus illorum qui terras, aut tenementa illa tenuerint a toto tempore, postquam terre et tenementa illa primò in manum ipsius domini Regis per escaetores su●●capta fuerint per brevia supradicta, & iste modus de cetero obseruetur in cancellarie, non obstante quadam ordinatione nuper per dominum regem facta de terris & ten' in manum suam per ministros suos capt' & non liberand' nisi per ipsum dominum regem, & prout continetur in quadam dividenda inter ipsum regem & cancellarium facta. Cuius una pars penes cancellarium remanet. Statutum de escaetoribus editum .29. E .2. Also a year before the making of this statut was there an other statut made entitled articuli super cartas which in the 19 chapter thereof saith in this wise. De rescheiue la ou lesche tour ou le vicont seisont en le main le roy terres la ou il nad reason de seiser, et puis quant troue est la non reson les issues de mesne temps ount este ceo en arrere retenus et nad rendus quant le roy ad le main ouste, voet le roy que desormes la ou terres sont issint seisies et puis le main ouste pur ceo que il ny ad raison de seiser ne tenir soient les issues pleinment rendus a celuy a qui la terre demurt et avoit le dam̄ resceu. By this statute it plainly appeareth how that before the making thereof there was no ouster le main granted una cum exitibus although it might never so plainly appear that the king had no cause to seize. Howbeit that mischief is now remedied by both these statutes. Also by the one of these statutes. Also by th'one of these statutes it appeareth that the Ouster le main in such case might not be granted without suing to the king himself, which is also remedied by this statut de escaetoribus, which statute although it make no mention of liveries, but only of ouster le main, yet liveries are taken to be within the compass and provision of the same. And where the letter goeth only to the cases where the king seizeth before office, 
9 E. 4. 54.  and after ward th'office that is found doth give his highness no title, that there the party may have his Ouster le main making no mention of an Ouster le main to be granted upon any petition, traverse, or monstrance de droit, as in deed a traverse was not in ure at that time, yet men by an equity extend this statute de Escaetoribus both to the one and too the other, because the statute is beneficial, as it appeareth 9 E. 4. and in divers other books. And Yeluerton there saith that if after livery or ouster le main an office be found which entitleth the king of a title grown unto him since the livery or ouster la main granted that in that case this statute notwithstanding the king may reseise without a Scire facias, for the words are only where a record or an office is found that maintaineth the title whereby the king first seized. Howbeit many hold opinion against him, and say that it was in the self same mischief the statute was made for, tamen quere, for this statut de escaetoribus should seem to be meant only to remedy that the was a mischief at common law before the making of the said statut, as where there was no record found at the time of the livery or ouster le main sued to let or hinder the party from suing of their said livery or ouster le main, but afterwards was there found such a record, now this notwithstanding would the king reseise & put the party from his possession without answer or any process sued against him, whereupon he might answer & so drive him to sue by petition & make him render all the mean profit, which was a great mischief & hindrance to the party, for remedy whereof this statut was made: but the like mischief or hindrance is not where the king is entitled by a title grown since the livery or ouster le main, for here the party shall not answer the profits but from the time of this title grown. And also the king doth him no wrong, for it stands with and affirms the livery or ouster le main, & the king thereby makes not that party an intrudor as he doth in the other case, & if the said Yeluertons opinion should not be law, they would make that the king could not seize upon an alienation without licence made and found by office since the livery or ouster le main sued, which were no reason, & therefore I think the said Yeluertons opinion should prevail in this case. And to the same intent & effect be those books that I can find, for I can find no Scire facias sued but in cases of a title grown before the liveries or ouster le main: & therefore in a Scire facias sued upon this statute against the party that had livery or ouster le main being tenant of the land at the time of Scire facias sued he was den●ed in the self same plight & course against the king as he was at time of the suing of his livery or ouster le main: for where he had made a feoffment by licence & taken an estate again jointly to him & other, yet this scire facias did lie against him solely & did not abate, for the jointenants. So was it aiudged in a scire facias sued upon this statute the the party must maintain the title, whereby he hath livery or ouster le main, & must maintain it so that it is & was a good title & sufficient to have livery upon, notwithstanding any record that is now found, as take the case to be this, one hath livery as sole daughter & heir, & after by office it is found that she hath a sister, which ought to have had liveri with her, whereupon a scire facias is sued against the party that had livery, to come & show why the land should not be reseized, if she come & will say that they be daughters by several ventres, & that this land was given to her father & mother in special tail, & so ought she to have the liver as she had, the is to say solely, this plea will not serve her, because it doth not maintain the livery: for how could she have had livery solely, unless this matter had been so found by office. For if this second office had appeared before the livery, she could not have traversed it, unless she had made title, and then title can she never make against the king as heir unless the said title be first found by office. Wherefore no more than she might traverse the said office if it had been found before livery, 
Travers, 31.  no more may she traverse it now in this scire facias after livery, as it appeareth 30. li. Ass. and so note that the record can not be traversed in this scire facias in no case unless it were traversable before livery or ouster le main. Also in the new Natura brevium fo. 26●. and in .5. 
H. 5 H 5.  H. 5. I find a scire facias sued upon this statute against him that had livery, because an office hath found an other to be nearer heir to the ancestor that died than was he that sued livery. So always as far as I can find it is sued upon a record the disproves the livery or ouster le main, and not upon any that affirms it, whereby I suppose that yeluertons' opinion is law as is before declared. And it seems that by this statute the king must sue a scire facias all though the record or title that is found for him be found within a year after liveri or ouster le main sued. And learn whether Assize lie against the escheator that sesseth without a scire facias in cases where a scire facias should be sued. For by the sta. of W. 1. ca 24. assize lieth against him in cases where he seizeth any lands by colour of his office without special warrant or commandment or certain authority that be longeth to his office so to do. And learn whether the king by that seizure hath any possession, for if the king seize without a scire facias where he ought to sue a scire facias, the party hath no remedy but to sue unto him by petition even as he should do if his highness had seized any other lands of his without cause. Howbeit the king by such a reseiser undoth not the party's possession, so that he shallbe said an entruder from the time of the livery or ouster le main sued as it doth in case the reseiser had been upon a scire facias, wherefore in such case although the party cannot be suffered to recover his possession again by entry upon the king, yet when the king grants it over, he may now enter or have assize, 
Travers. 26.  as appeareth .24. E. 3 fo. 34. et. 43. li. Ass. Also note that this statute that gives the scire facias extends but unto him or them have livery or ouster le main or any other claiming by them. For if after livery on ouster le main sued a stranger by an eigne title in disaffirming the tenants interest enter as heir upon him, or recover by assize of mordauncester or any other action ancestral against him & is entered into the land as heir, now because the lands are holden of the king in chief, his highness may seize the said land for primer seisin or title of Wardship as the case doth require without any scire facias, 
21. E. 3. fo. 1.  as appeareth .21. E. 3. For it is not to be said now a reseiser, because against him there was no seiser made of the said lands before. And learn & inquire if he that missueth the livery be within age whether the king shall reseise in that case as he shall do if it were missued by one of full age, as take the case to be, lands are holden of the king in Socage in Capite, now the livery is sued within age, that is to say at the age of .14. years whether in this case the missuing of the same shall be a cause of reseiser or not, 
T. 12. R. 2  see the book thereof 12. R. 2. The words of the statute be further, that if any record be found in the treasury or else where that upon this record a scire facias shall be awarded. But that is to be understand in this manner, that first the transcript of the said record shallbe by writ removed into the Chancery and then out of the Chancery shall there be a scire facias awarded, & not out of the treasury as it appeareth .21. 
●●. li. ass.  lib. Ass.   

Issues mesne  
NOte that if the king have a title, right or interest to any lands or tenements, his highness when he seizeth shall be answered of all the mesne issues and profits from the time of his said title, right, or interest grown, and whether it be a right of entre or title of entre it maketh no diversity in the kings case, as for an example, the king entereth for a condition broken, his highness shallbe answered of all the issues and profits sins the condition broken, and yet in that case a common person shall not have the issues and profits but from the time of his entry. Like law is it if the kings tenant a●en in mortmain, and the king entereth, but otherwise it is if he entre for mortmain in lands not holden of him upon a title devolved unto his highness in default of other lords. And these cases appear H. 19 et 41. E. 3. fo. 21. 
19 E. 3. Entre cong. P. 39  The same law is it where his highness is entitled to seize for that the lands are of his foundation, and aliened contrary to the statut of west .2. ca 41. which gives the writtof contra formam collationis, 
H. 46, E. 3. Forf. P. 18.  in this case his highness shallbe answered of all the mesne issues grown from the time of the alienation, as appeareth H. 46. E. 3. And note also that if the king make any grant which is not sufficient in the law or is deceived in the making of the same by reason it was made upon a false suggestion, in his case if this highness doth resign this grant & annul it iure regis as he may, he shallbe then be answered of all the mesne issues & profits which were lost by reason of the said insufficient grant, as appeareth .11. H 4. But if his highness be entitled to any lands nomine destriccionis, there his highness shall not be answered of the profits, but from the finding of that title, 
11. H. 4. f. ●.  as in case where the kings tenant in chief alieneth without licence and an office is thereof found, in this case his highness shall not be answered of the profits from the time of that alienation, but only from the time of the finding of the office, or from the time of a Scire facias returned where the alienation is of record, 
P. 8. e. 4. f. 4  and hereof see the book 8. E. 4. Like law is where his highness is to seize the lands of his widow that hath married herself without his licence. 
40. li. Ass. Guard P. 36.  And note that where the king is to be answered of the mesne issues and profits perceived and taken of any lands which have come to sundry hands sins the king's title first grown to the same, there every one of them that have sondrely so perceived and taken the profits shall answer for his own time and not one for all, as it appeareth in the book of 46. before remembered. And note also that by the statut of w. 2. ca 32. it is provided that if any spiritual man bring any real action and recover, that the land recovered shall remain in the kings hands until such time as it be sued out of his hands by him that recovered, or else by the chief lord and in the mean time the shirive shall answer the king in the exchequer of the profits, by which statut whether the collusion be found or not found, yet the king shall have the mean issues as it is thought 20. H. 6. 
20. H. 6. f. ●  So it is in a writ judicial of deceit brought against any the king shall have the issues grown from the time of the first judgement until judgement be given in the said writ of deceit.  
¶ Some times the king recou●eth of the issue in the allowance of an estrange title, as if the husband being the kings tenant upon a false suggestion purchaseth licence to alien & to take estate to him & to his wife, & so doth, & afterward dieth, the wife holdeth her in by title of survivor & occupieth, now upon a Scire facias against the wife, his highness shallbe answered of all the mean issues since her occupying of the two. parts of the land, and the third part he recopeth and alloweth for her dower .40. li. Ass. P. 36.  
¶ Note that in a writ of deceit upon a recovery in a Preeipe quod reddat of land where the process was a grand Cape, 
40. Li. Ass. Gard. P. 1.  if the pleintyfe recover, he shall recover the land and his damages, but not the issues of the land since the first judgement, because the king shall have them by the grand Cape, and the sheriff accountable of them. quod vide titulo deceit in Fitz P. 33. 46. 7. 32. Contrary law is it if there lie no grand Cape in the action, as if the recovery be in a Scire facias, as it appeareth titulo Deceit in Fitz P. 36. & 27.   
Finis   

divers other prerogatives therebe, which the king hath by the order of the common law that be not within this statute comprinsed, a great part whereof under the title of prerogative master Fitz herbart hath most diligentli noted in his great Abridgement, & so well ordered & placed there, that I do of purpose omit to rehearse them here. The rest would require so long a search that whiles I had gathered and noted them all ready (as I have not done in deed) I should be feign to peruse the hole body of the common Laws for the knowledge thereof whereunto time serveth me not, wherefore at this time mine intent is not to meddle with them.   

Imprinted at London in fleet street within temple Bar at the sign of the hand & star. by Richard Tottel, An. 1567.  
Cum privilegio.