THE READING Of that famous Lawyer Sr. Robert Brook Kᵗ. Upon the Statute of LIMITATIONS, 32. H. 8. Cap. 2.  
London, Printed for Hen. Twyford, and are to be sold at his Shop in Vine-Court, in the Middle-Temple. 1647.   

THE WORDS OF THE STATUTE OF 32. Hen. 8. Cap. 2. of Limitations.  
NO person shall sue, have, 
Droitures auncestres'▪ 60. years.  or maintain any writ of right, or make any prescription, title or claim to, or for any manors, Lands, Tenements, Rents, Annuities, Commons, Pensions, Portions, Corodies, or other Hereditaments of the possession of his or their Ancestors or predecessors; and declare and allege any further seisin or possession ofhis or their ancestor or predecessor, but only of the seisin or possession of his Ancestor or predecessor which hath been, or now is, or shall be seized of the said manors, Lands, &c. or other Hereditaments within sixty years' next before the teste of the same writ, or next before the said prescription title or claim so sued, commenced, brought, made or had.  

Droiturel possory 50. years.  No person or persons shall sue, have or maintain any assess of Morduncestor, Cosinage, Ayel, writ of entry upon disease done to any of his Ancestors or predecessors, or any other action possessory upon the possession of any of his Ancestors or predecessors, for any manors, Lands, Tenements or other Hereditaments of any further seisin or possession of his or their Ancestor or predecessor, but only of the seisin or possession of his or their Ancestor or predecessor, which was or hereafter shall be seized of the same manors, Lands, Tenements or other Hereditaments within 50. years' next before the teste of the original of the same writ to be brought.  
No person nor persons shall sue have or maintain any action for any manors, Lands, Tenements, 
Actions possessory, 30. years.  or other Hereditaments of or upon his or their own seisin above 30. years' next before the teste of the original of the same writ to be brought, &c.  
Nor shall make any avowry or cognisance for any Rent suit or service, 
Avowries, 50. years.  and allege any seisin of any suit or service in the same avowry or cognisance in the possession of his or their Ancestors or predecessor or predecessors or Inhiss own possession, or in the possession of any other whose estate he shall pretend or claim to have above fifty years' next before the making of the said Avowry or cognisance.  
All formedous in reverter, formedous in remainder and Scire facias, upon fines of any manors, Lands, Tenements, or other Hereditaments, shall be sued and taken within fifty years' next after the title and cause of action fallend. and at no time after the said fifty years passed.  
If any person or persons do at any time sue any of the said actions or writs for any manors, Lands, Tenements or other Hereditaments, or make any avowry, cognisance, prescription, title or claim of, or for any rent, suit, service, or other Hereditaments, and cannot prove that he or they, orhis , or their Ancestors or predecessors were in actual possession or seisin of, or in the same manors, Lands, Tenements and Hereditaments, and at any time within the years before limited in this act and in manner and form aforesaid; if the same be traversed or denied by the party, person, or defendant, then after such trial therein had, all & every such person and persons and their heirs shall from thenceforth be utterly barred for ever of all and every the said writs, actions, avowries, cognisance, prescription, title and claim hereafter to be sued, had, or made of, and for the same manors, Lands, &c. or other the premises, or any part of the same.  
Provided always that every person and persons which now have any of the said actions, writs, avowries, Scire facias, Com. cognisance, title, claim or prescription depending; or that shall hereafter bring any of the said actions, or make any of the said avowries, prescription, title, &c. at any time before the Feast of the ascension of our Lord, 1546. shall allege the seisin of his or their ancestors or predecessors, and his own possession and seisin, and have also all other like advantage to all intents and purposes in the same writs, actions, avowries, cognisances and prescriptions, titles, and claim as he or they might have had at any time before the making of this Statute.  
Provided also that if any person being within the age of 21. years, covert baron, or in prison, or out of this realm of England, nor having cause to sue or bring any of the said writs, actions, or to make any avowries, cognisances, prescriptions, titles or claims, that such person or persons may sue, commence, or bring any of the said writs or actions, or make any of the said avowries cognisances, prescriptions, titles or claim at any time within six years' next after such person, nor being within age shall accomplish the age of 21. years, or within six years' next after such person now being in prison shall be enlarged, or never being out of the realm come into the realm. And that every such person in their said actions, writs, avowries, cognisances, prescriptions, title or claim to be made, &c. within the said six years, shall allege within the said six years, the seisin of his or their Ancestors or predecessors, or of his own possession, or of the possession of those whose estate he shall thenclayme . And also within the same six years shall have all and every such advantages in the same as he or they might have had before the making of this act.  
Provided also that if it happen the said person now being within age, convert baron in prison or out of this realm, having cause to sue or bring any of the said writs, avowries, cognisances, descriptions, &c. to die within age, or during condition, &c. or to decease within six years' next after such person, shall attain his full age, or be at large, &c. and no determination or judgement had of such titles, actions, or rights to them so accrued, than the next heir to such person or persons shall have and enjoy such liberty and advantage to sue, &c. within six years' next after the death of such person or persons now imprisoned, &c. insuch manner as the same infant after his full age, or the said woman covert after, &c. should or might have had within six years then next ensuing by virtue of the provision last before rehearsed.  
Provided also that if any person before Ascension, 1546. sue or commence any of the said writs, &c. or make any avowry, &c. and the same happen by the death of any of the said parties to be abated before judgement or determination thereof, than the same person or persons being demandants or avowants, or making such title, prescription, &c. being then alive, and if not, than the next heir of such person so deceased may pursue his action, and make his avowry, &c. upon the same matter within one year next after such action or suit abated, and shall enjoy all such advantage tomake their said titles within the said one year, as the demandant demandants in such writ, &c. should or might have had or enjoyed in the said former action or suit.  
Provided furthermore, that if any false Verdict happen hereafter to be given or made in any of the said actions, suits, avowries, prescriptions, titles or claims; that then the party grieved by reason of the same shall and may have his Attaint upon every such Verdict so given or made, and the plaintiff in the Attaint upon judgement for him given, shall have his recovery, execution, and other advantage in like manner as heretofore hath been used, any thing in this Statute contained to the contrary notwithstanding.   

OBSERVATIONS MADE BY THE READER, By way of Introduction for the better understanding of the true meaning of this Statute.  
How the Common Law was before the making of this Statute.  
IT to be observed that by the Statute of Westminster the first, 
Writ of right.  Cap. 38. the limitation in a Writ of Right is from the time of Richard the first, which is 340. years past.  
And in a Writ of assize of Novill dissesin, 
assess Nuper obiit.  & in a Nuper obiit by the same Statute of Westminster the first, post primam tranfretationem domini Hen. filii regis Johannis in vasconiam, which is 300. years past.  

Mardancester, cosinage nativo habendo, writ of Entry. Avowries.  And in a Writ of Mordancestor, Ayle, Cosinage, and Nativo habendo, and in a Writ of entry, Post Coronationem domini Henrici filii Regis Johannis, which is 325 years past.  
And the said Statute of Westminster the second, giveth the like limitation in Avowries, as in an assize of Novel disseisin, that is to say, Post primam transfretationem domini Henrici filii Regis Johannis in vasconiam, which is 300. years past.  

assize.  But now the Writ of assize which was wont to be Quod disscisivit eum post primam transfretationem domini Henrici filii Regis Johannis in vasconiam, shall be Quod disseisivit eum infra 30. annis jam ult. elapsos.  

Writ of entry.  And whereas the Writ of entry was wont to be Quod disseisivit eum post primam transfretationem domini Henrici filii Regis Johannis in vasconiam, It shall be now Quod disseisivit eum infra 50. annis jam ult. elapsos.  

Mardancester.  Also the Writs of Mordancestor, which were Si obiit post Coronationem domini Henrici filii Regis Johannis, shall now 〈◊〉 Si obiit infra 50. annis iam ult. elapsos.  
Also the Writ of Nativo habendo, 
Nativo habendo.  which was Quod fugiit de terra sua post Coronationem domini Henrici filii Regis Johannis, shall be recovered, if it be brought of the seisin of his Ancestor, Quod fugiit infra 50. annis iam ult. elapsos, And if it be of his own seisin, then Si fugiit infra 30. annos iam ult. elapsos.  
And note that in all Writs of Right, 
The form of writs and declaration since this Statute  Ayle, Cosinage, Nuper obiit, and in all Writs of Possession, and in all other Writs, in which men shall allege esplees, or make mention of any seisin, that they shall be of the same form as they were before the making of this Statute, but when they declare, than they shall make a special allegation of the esplees within such a time, within the limitation of this Statute, that is to say, Tempore Regis nunc, and the like, &c. But if he allege the seisin within the time of such a King, of which part may be within the limitation, and part without, there he shall allege the year certain, that is to say, Capiendo inde exples. &c. an. 12. Reg. H. 7. or the like, for that the Statute is, that he shall allege seisin within the time, and not beyond, and therefore he may not allege generally in the time of such aching , where part is within, and part without, for the doubt, &c. But where he allegeth seisin An. octavo of such a King, and in truth the seisin was An. 9 or in the tenth year, this is not traversable, but where the seisin was before, which is out of the limitation, that is material and issuable.  
And note, that if the seisin may be proved within the years before the limitation, that sufficeth, because the statute saith, that if the seisin shall be traversed, and the demandant cannot prove the seisin within the years before limited, that he upon such trial shall be barred and his heirs, &c.   

Devisio 1ma.  
In what actions these limitations shall hold place, and in what Courts, and in what not: And where a man may make title beyond threescore years, and what shall be good titles upon this Statute.  
AN heir brought an Admeasurement of dower against the wife tenant in dower of this endowment being within age, which endowment was two and thirty years past, the action is not good.  
Because this is to recover land and of his own possession, and lieth well at full age.  
A man brought a writ of Contra formam feoffamenti upon a deed bearing date in the time of Edward the third, the account well lieth,  
Because it is to discharge himself, and to recover nothing.  
A man brings a writ of contribution upon a cause of action, happening threescoreand one years past before the Writ purchased, the Action lieth well,  
Because he goeth to have damages of the charge only of the suit, for part.  
A Cessavit was brought of a Cessor 63. years past before the writ purchased, the action lieth well,  
Because it is not of the seisin of him nor of his ancestors in this land.  
A man brought a writ of error upon an erroneous judgement given against his father 62. years before the writ purchased, the action well lieth,  
Because nothing is prohibited but a writ of right, and an action possessory of the seisin of him or his precessors or ancestors, and this is not of his own seisin, and is only to reverse the first judgement.  
The Lord brought a writ de consuetudinibus, & servitiis, of a deforcement 61. years past, the account doth not lie, because he is to recover a signiory.  
A Writ of false judgement was brought of a judgement given 61. years past, the account lieth well,  
Because it is not properly a Writ of Right, nor an action of possession; and if it be neither, nor of his own seisin, than he is not prohibited, because that is properly of no seisin.  
A man brings a Writ of Escheat of an Action accrued 62. years before this Writ purchased, the Action lieth well,  
Because it is not of the seisin of himself, nor of his ancestors in this land, but ratione dominii.  
A Monstraverunt brought by tenants in ancient demesne; and declares that the Lord demanded more services in the time of Ed. 4.61. years past, than were demanded in the time of the King's Progenitors, yet the action well lieth,  
Because it is not to recover any thing, but to discharge themselves of the services.  
A writ of Nativo habendo was brought, and declared of a seisin 61. years past, the action doth not lie,  
Because he is to recover the villain, (and a termor shall not have his action by Fitzherb. quaere inde) butis a writ of Right in its nature, or an action possessory at the least.  
A writ of Ne injustè vexes brought against the Lord to avoid an encroachment gained 61. years past, the action lieth,  
Because it is only to discharge the land, and to recover nothing; and yet it is a writ of right.  
A man brought a writ of Mesne upon a deed of acquittal, made 61. years past, the action lieth,  
Because it is only in discharge, and is to recover nothing; and is not properly a writ of right, because battle nor grand assize doth not lie in it, and he shall recover nothing but his acquittal, and he is supposed in possession of his acquittal, and it is not of the possession of the plaintiff, because it may be that neither he nor his ancestors were never acquitted, and that the Lord Paramount never demanded the services until now, and therefore the action is not restrained.  
One brought a Quare Impedit, and declared of the seisin of his ancestor 61. years past by presentation, and that afterward the Church became void, and the Bishop presented by lapse, and now his clerk is dead, &c. the action well lieth,  
Because the avoidance which is the title, is within the time of limitation, because the lapse did not set him out of possession, and he shall recover the presentation.  
A man brought a Quo jure, and declared of a time 61. years past, the action lieth,  
Because though it be a writ of Right, yet it is only in discharge, and to recover nothing.  
A Warrantia Chartae is brought by one, Quia timet implacitari: and declares upon a warranty made 61. years past, the action well lieth,  
Because he shall recover nothing but his warranty, and if he lose afterwards, than he shall have in value by a Scire facias, which is another action; and also he must vouch afterwards, &c. and if he be impleaded in an assize, he shall give notice, &c. so that there shallbe other circumstances before that he shall recover.  
A man brought an assize of nuisance, and declared of a nuisance levied by the defendant 32. years past, the action well lieth,  
Because he shall recover nothing, but remove the nuisance.  
A man brings a Quid juris clamat, or a Per quae servitia against the tenant upon a fine levied of a reversion or services 62. years past, the action lieth,  
Because the reversion and services are in him, and he demands nothing but attornement.  
A Formedon in the Discender is brought, (of cause of action accrued 62. years past) and within 60. years the action doth not lie,  
Because that is an action possessory, and not a writ of right, ut videtur, Vide Dyer 278. & 291. that a Formedon in Reverter and Remainder is not within the statute, because the gift is the title.  
A writ of Waste is brought of waste made 60. years past, the action lieth,  
Because no land is expressly demanded, and he declares of no seisin.  
A man brought a plaint in a base Court of customary land, and made protestation in the nature of a writ of Right at the Common Law, and declares of a seisin 61. years past, the action doth not lie,  
Because this is ruled by the equity of this Statute, and so it was by the ancient limitation: and also the declaration is in the nature of such a writ at the Common Law, and every writ at the Common Law is ordered by this Statute. Yet quaere whether this Statute extend to Copieholders as to the avowry for services, for it seemeth that it doth not but only to freeholders, because they shall not allege seisin in his or their ancestors, according to the words of the Statute, but only in the Lord.  
A man brings a plaint in a privileged Court, or in Wales, or in the Cinque-ports, where they have authority to hold pleas per querelam, and declares upon the ancient limitation, it lieth well,  
Because the Statute speaks of the teste of the Writ, so that it must be by Writ, which this is not.  
A man brought a writ of right close in ancient demeane, he cannot declare of the ancient limitation,  
Because the Statute speaks from the teste of the Writ.  
In a writ of right of Warde, the plaintiff declared of seisin of service and signiory, &c. 61. years past, and that his tenant died, his heir within age, and that the defendant deforced him, this is a good declaration, notwithstanding the Statute,  
Because he was possessed of his signiory until the deforcement, which is within 61. years, and he shall recover but a chattel only.  
A man recovers certain land by a Praecipe quod reddat, or by another action, the tenant dieth, his heir enters, the 61. years' pass, the demandant or his heir may have a Scire facias to execute the judgement,  
Because this is not an action possessory, nor in the droit, but a writ of execution, and therefore out of the Statute.  
A woman brought a writ of right of dower of the seisin of her husband, 61. years past, the action lieth,  
Because that is not of her own seisin, nor of none of her ancestors nor predecessors, neither is it an action possessory, and it is not prohibited by the statute.  
A writ of Right of Disclaimer is brought, and declareth of a Disclaimer 61. years past, this is a good declaration,  
Because it is not of the seisin of his ancestor, nor predecessor, but ratione dominii, because this seisin shall be referred to the land, and not to the signiory, as appeareth by express words of the Statute in the end of the third Article, because the Statute speaks where he or his ancestors or predecessors were seized of the same land or tenements, or hereditaments, within 60. years. And also the Writ doth not demand land, and yet it may recover land.  
Tenant by the courtesy of England of a manor with estovers appendent, is disturbed, and after is outlawed of felony, the King enters by office, the tenant by courtesy dyeth 61. years after the utlawry, the heir shall not have a Quod permittat,  
Because it is a writ of right, and to recover the common of estovers, and the time is past, and in this action he shall allege seisin.  
A man seized of an advowson presents, and his clerk is instituted and inducted, and dyeth 61. years after this statute, the patron presents and is disturbed, and he brings a writ of right of advowson, he may declare of a seisin 61. years past notwithstanding this statute,  
Because he shall recover possession of the advowson, and the possession of the presentation afterwards is a seisin for the patron in the patronage, and also in this case he was seized within 60. years, because he was seized until the usurper disturbed him, and that was within 60. years.  
A Formedon of ten acres of land which passed against the tenant, and judgement given thirty two yeerespast , the Tenant shall have an attaint,  
Because that albeit it shall be of his own seisin, and to recover land, and the 11. article of the Statute cannot be so taken to set the lands at liberty, &c. yet that is not properly of the seisin of himself nor of his ancestors, because that is taken, where it is taken upon the seisin, as in an assize and other actions, where they shall allege seisin and esplees, as appeareth by the first branch of the statute, which hath these words, viz. [And allege and declare any farther seisin, &c.] because the action is brought upon the false verdict, and not upon the seisin, &c.  
An assize of Fresh force is brought in a City by Bill without writ of a disseisin made to the plaintiff himself twenty two years past, the action doth not lie, notwithstanding that it be within the limitation of an assize,  
Because that fresh force ought to be brought and recovered within 40. days after disseisin, &c. and thereforenotwithstanding that it be not by Writ, yet that will not serve by the Common Law.  
In an annuity the plaintiff declared of a grant made to him and his heirs, by the defendant for him and his heirs, 61. years past, the action lieth,  
Because no tenant is charged, and he doth not declare of any seisin, but only upon the grant.  
In an assize the tenant makes a bar at large, the plaintiff said that I.H. was seized in fee, and holds of him, and dyeth seized without heir 34. years past, by which he enters presently by Eschete, and was seized, and disseised by the defendant 28. years past, &c. this is a good title, besides this limitation, notwithstanding this statute,  
Because it is not brought of the seisin of his ancestor or predecessor in this land, and his own seisin was within 30. years, and therefore when that seisin serves to bring an action upon his own possession, he may make title before the limitation, if it be not made of the seisin of his ancestor or predecessor.  
Assize the tenant made a bar at large, the plaintiff said that his villain purchased the land of I. S. by which the plaintiff entered 35. years past, and was seized and disseised by the plaintiff 20. years past, &c. this is a good title, ratione qua supra.  
In a writ of entry, in nature of an assize, the tenant made a bar by the feoffment of I. H. and gives a colour, the plaintiff said that his father was seized, and died seized 12. years past, and he entered as heir, and was seized and disseised 11. years past, &c. this is no good title upon this statute,  
Because in this action he shall not make title at large as in an assize. Note the difference.  
In a writ of Right of Advowson the plaintiff made title that he himself 20. years passed recovered the Advowson in a writ of Right of Advowson against I. N. the Church full, and now the Incumbent dead, and the plaintiff presented, and the def. disturbed him, this is no good title upon this stat.  
Because in this action he shall allege seisin as in grossis decimis, smalltythes , &c. which he cannot do, without alleging seisin; so that a recovery only without seisin in him or his ancestors is not good.  
An assize the tenant pleads a recovery against the father of the plaintiff, whose heir he is, &c. by which he enters, the plaintiff saith, that after seisin the father of the plaintiff enters, and dyeth seized 12. years past, and he enters as heir, and was seized and disseised, &c. this is a good title, notwithstanding the recovery,  
Because that notwithstanding the recovery binds the blood, yet the seisin and disseisin is a new title.  
In an assize the tenant makes a bar at large, the plaintiff said that the tenant himself 62 years past was seized in fee, and enfeoffed a stranger, upon condition that he shall enfeoff such a person as he shall name before Easter, and first he names an estranger before Easter, and afterwards and before Easter he names the plaintiff, and thereupon the feoffee enfeoffs the plaintiff who was seized and disseised fourteen years past, this is a good title, notwithstandingthat it be without the limitation,  
Because by 14 Ed. 4. the feoffee may enfeoff either the one or the other, and it is not of the seisin of his ancestor nor predecessor.  
An assize the tenant makes a bar by a bargain and sale of I. S. by Indenture enrolled within the 6. months, and the plaintiff made title by another bargain and sale from the same I. S. by Indenture enrolled within, &c. made unto him after the first deed indented, because that I. S. at the time of the first bargain and enrolment was an infant, and entered at one and twenty years, and sold by the last deed enroled to the plaintiff, by which he was seized and disseised, &c. this is no good title, &c.  
Because an infant shall not avoid a deed enroled by nonage, nor he which claims by him.  
In an assize the tenant made a bar by a lease made by I.S. to W.N. for term of life, the lessee grants the reversion to the defendant, and W.H. the tenant attorns, and after aliens to the plaintiff, by which he enters; the plaintiff says thatthe said I.S. the lessor leased to the said W.H. for term of life, upon condition that if he grant the reversion to any during the life of the said W.N. that then W.N. shall have fee, and said that the lessor granted the said reversion 61. years past by that deed to the tenant, and after he attorned as aforesaid, and after W. N. enfeoffed the plaintiff, and was seized and disseised 12. years past, &c. this is a good title,  
Because it is not of the seisin of his ancestors nor predecessors, but of his own seisin, and the grant of the reversion in see was in the lessee, because there was the same instrument, the grant and attornement: and therefore the attornment void, contrary if the grant had been by fine, as in a Quid juris clamat, 6 R. 2. that then the condition would come too late.  
In an assize the tenant was barred by a feoffment of the plaintiff himself with warranty 61. years past, and relies upon the warranty; the plaintiff shows that the same feoffment was by deed indented, and that upon a condition thatif the defendant do not pay 100 pound within one year to the plaintiff, that he shall reenter, the defendant doth not pay, by which he entered, and was seized, and disseised 12. years past, &c. this is a good title, notwithstanding this stat.  
Because where a man binds the defendant, he may make title of his own possession, as recovery of a villain, and the like; and it is no part of the seisin of his ancestor nor predecessor, and therefore out of the case of the statute, as to the 61. years past.  
Assize the tenant makes a bar at large, the plaintiff makes title, for that the same defendant in the life of his father sold the land, &c. to the plaintiff by Indenture, and delivers to him the Deed, and afterwards the father dyeth within the 6. months, and the defendant enrolls the Deed within the 6. months, by which the plaintiff enters, and was seized and disseised, &c. this is no good title upon this statute,  
Because a man may confess and avoid a Deed enroled, as to say that he had nothing at that time, &c. butnot by infancy, idiocy, Non sanae memoriae or the like; and the Deed takes its perfection by the livery, and not by the enrolment; for if one make a grant when he hath nothing, & the land, and he hath before attornement, this doth not make the grant good, and the Indenture is not an estoppel, because where a man releaseth to I. N. being in full seisin, yet he may say that he had nothing at the time of the grant, &c. And the same law is it of a lease by Indenture in the time of his father, and by 12 H. 4. f. 12. a man may confess and avoid a deed enrolled.  
In an assize the tenant makes a bar at large, the plaintiff makes title because that I.N. was seized in fee, and leaseth to W. X. and T.S. for term of life, and after grants his reversion which he had depending upon the estate of T. S. to the plaintiff, the tenants attorne and die, and the plaintiff enters, and was seized and disseised, and all is within 20 years, this is not a good title upon this statute,  
Because the Grantor shall not have such a reversion.  
Mayor and commonalty by their name of Corporation, and not by their proper name, may make title after this Statute by 80. years past,  
Because that is of their own possession, and not of the seisin of their ancestor nor predecessor: And the same law of Deane and Chapter, but contrary of Bishop and Parson upon a seisin of his predecessor, because that is expressly within the words of the Statute. Nota.   

DIVISIO 2da. OR, The second days Reading, or Lecture.  
Where a man shall prescribe according to the ancient form, and where not; and what prescriptions sha● be good upon this limitation, an●… what not.  
A Man may prescribe th●● he and his ancestors 〈◊〉 predecessors, or tho●● whose estate, &c. wer● seized from the time th●● contrary whereof, &c. as before th●● Statute: yet he shall not allege or declare in the record of a seisin within 6●… years before the confession of the prescription, yet it seemeth that he shall take advantage in evidence of the prescription of an ancient seisin before 60. years, with a seisin alleged within 60. years, without elder commencement: And therefore the prescription as it seemeth aught to be elder, but he cannot allege nor declare in the record but within 60. years, but may enforce it in evidence at large, quod nota. And by the general ancient form of prescription, it shall be intended & meant as a prescription, of which part of the seisin is within 60. years, according to this Statute.  
In a Quod permittat the plaintiff prescribes in him, and those whose estate he hath in the manor of D. for common appointment from the time of King Rich. the first, he may do it well, notwithstanding this statute,  
Because the Statute doth not extend to a prescription by whose estate, &c. but to a prescription in him, his ancestors and predecessors.  
A Quo Warranto the plaintiff prescribes in him and his ancestors for toll traverse from the time, &c. to have a penny for every load of stuff carried overmy land to his manor, &c. this is a good prescription,  
Because this is to go overthwart my land, but through toll is to go over the way through my land, and therefore contrary there: and the prescription shall serve as a new title, by the usage afterwards.  
Assize of common the plaintiff made title to common appendent in the manor of the defendant, the defendant prescribes that he, &c. and all his ancestors whose heir he is, &c. have used from the time of Rich. the first to put forth of their Commons such cattle which were not levant and couchant upon the same lands to which, &c. and for that that those cattle were not levant, &c. he put them forth, &c. this is a good prescription,  
Because it is not to recover any thing, but to discharge only.  
In a Quo Warranto, &c. the plaintiff prescribes in him and his ancestors Lords of the manor of D. from the time, &c. to take a penny for every load of through toll of those which carry through his manor, this is a good prescription,  
For the reasons before alleged, and because it is contrary to common right.  
In a Quo warranto the party prescribed in him and his ancestors Lords of the manor of D. to have cognisance of pleas, and to hold plea in the Court of the manor aforesaid, from the time of, &c. this is a good prescription,  
Because he cannot prescribe in the grant of pleas.  
Assize of land, the def. disclaims in the survey, and prescribes that he and his ancestors seized of the manor of D. have used from the time of R. 1. &c. that when such a gutter which conduceth water to such a house was ruinous, to enter into this land, and to repair it, and that he therefore entered to repair, this is a good prescription, notwithstanding this Statute,  
Because he is not to recover anything, but to have easement, because the Statute doth not speak but only of prescription to lands, tenements, commons, rents, portions, pensions, and hereditaments.  
A quod permittat of common the plaintiff made title by prescription, from the time of R. 1. &c. the defendant said that he, &c. have been within age successively de tempore, etc, judgement, &c. this shall not avoid the prescription,  
Because this is a Law, as a condition or recovery.  
A man hath had a fair, and one Market by prescription, from the time of R. 1. &c. which is seized into the King's hands 60. years past by non-claim in a Quo Warranto before this Statute, &c. he shall never have the liberties again by prescription nor otherwise,  
Because he might replevie them within 50. years.  
A man which had a Leet, and Warren, and Wreck by the Kings grant, made no claim to the same before the Justices in Eyre 62. years past, by which his liberties are seized into the King's hands, and yet he and his heirs continually used the same afterwards, and in a Quo Warranto his heir made title to that by prescription; according to this limitation, he shall not have his liberties by this prescription.  
A man hath had catalla felonum & fugitivorum from the time of R. 1. &c. and hath had allowance in Eyre, and afterwards makes his claim in Eyre by prescription, &c. he shall not have those liberties, &c.  
Because a man cannot prescribe in those things which touch the crown.  
A man hath had a fair and Market by prescription certain days, and afterwards the King grants the same liberty to him by his Letters Patents 40. years, before the Ascension, 1546. and in a Quo Warranto a month after the Ascension, &c. he makes his claim to that by prescription, by an usage before, &c. this is not a good prescription upon the matter,  
Because the grant determines the prescription, as an obligation determines a grant or contract.  
A man prescribes that he, &c. ancient tenants of D. and all lands of D. from the time of R. 1. &c. have been quit of toll, this is a good prescription notwithstanding this statute,  
Because that it goeth in discharge, and to recover nothing.  
In a Serta molendini the plaintiff after Ascension, &c. made his declaration, that he and all those whose estate he hath in the manor of D. have had suit of their tenants to their Mill within his manor, from the time of R. 1. this is a good prescription,  
Because he prescribes (per que estate) which is not restrained by the Statute.  
Assize of Common the plaintiff prescribes that he hath been seized of Common for all cattle in the place where, &c. by all the time of this limitation, this is not a good prescription,  
Because the Statute says that he shall not make prescription but of the seisin of his ancestors or predecessors within 60. years before the making, &c. and his ancestor was not seized within the 60. years, but himself, &c. such a prescription is not warrantable either by this Statute or by the Common Law.  
In a Replevin the defendant prescribes in him and his ancestors to have amerciaments of all his tenants of D. fromthe time, &c. in quibuscunque curiis, and may distrain & make avowry for them, this is a good prescription upon this Statute, notwithstanding that it be of an amerciament in Curia Regis.  
In a Quo Warranto the plaintiff makes his title by prescription in him and his ancestors, that they have used to have waifs from the time of, &c. and to retain them, notwithstanding fresh suit from the time, &c. this is no good prescription,  
Because it is contrary to common right, and cannot have any lawful beginning.  
A man makes a prescription in trespass, &c. that he and his ancestors from the time, &c. to have the escapes of cattle in another man's land, in driving to such a Park without amends made from the time of Rich. 1. this is a good prescription, notwithstanding this Statute,  
Because it is not to recover any inheritance, but only by way of discharge.  
An assize of nuisance for stopping of water, by reason whereof 20. acres ofland are surrounded, the defendant prescribes that he and his ancestors Lords of the Mill of Dale, have used from the time of R. 1. &c. to stop, during the re-edifying and repair of their Mill; this is a good prescription,  
Because it goeth by way of easement, and to recover nothing.  
A man prescribed that he, &c. Lords of the manor of D. have had ●… way over the land of another party from the time of R. 1. &c. to the Church of D. this is a good prescription,  
Because it is neither tenement nor he reditament, but easement, because an assize doth not lie of a way; nor if a man give omnia tenement● & hereditamenta sua, the way doth not pass.  
In an assize a man prescribes in common, &c. in him and his ancestors de tempore, &c. upon which they are at issue, and it is found that he and his ancestors have been seized by 10. years, and have been disturbed by another 10. years alternis vicibus de tempore, &c. he shall not recover upon this verdict and prescription,  
Because the interruption is equal with the seisin.  
In an assize the tenant prescribed in him and his ancestors tenants of such land in D. to enter into the land of the plaintiff and to abate the nuisance as often as the plaintiff or his ancestors estop such a river de tempore, &c. this is not a good prescription,  
Because where the Common Law will serve him, he shall not prescribe. 9 Ed. 4.  
Quo Warranto the bailiffs and commonalty of S. claim to make Fraternities of themselves by Master and Brethren by usage de tempore, &c. and the same being so made shall so implead and be impleaded, &c. this is no good prescription upon this Statute, 9 E. 4.3.  
An assize by Master and Confreres of D. the defendant said that there were no Master and Confreres there, & the plaintiff said that he and his predecessors have been Masters and Confreres there, and capable by that name, and have used to implead and be impleaded by that name, from the time of R. 1. and continually afterwards, this is a good prescriptionafter this Statute, &c.  
Because he cannot prescribe in a Corporation; and this prescription is to enable him, and is not made to the land, and therefore out of the case of the Statute.  
Lord of a manor and tenant by homage, fealty, and 10. shill. rent, the Lord releases the services of the tenant, saving the rents, and afterward is seized of the rent, and disseised, and brings an assize, and makes title that he and his ancestors, &c. de tempore, &c. have been seized of the rent, this is a good prescription upon the Statute 31 E. 3. p. 33.  
Because in a rent service a man shall not prescribe, because he may make another title by the Common Law, contrary for a rent seck.  
In a Replevin the defendant avowed because that it had been used by him and his ancestors whose heir, &c. Lord of the manor of D. for to distrain for Heriot custom upon the death of every tenant of the manor de tempore, &c. and for Heriot custom after the death of I.W. &c. he avoweth &c. this is not a good prescription upon this Statute,  
Because for Heriot custom the property is in him, and he may seize it, and may have an action, and a man may not prescribe in his own goods.  
Dower by a woman, the defendant said that the husband was attainted of felony, &c. the plaintiff said that it had been used in this manor from the time of R. 1. that the wives of a man attainted shall have dower, this is a good prescription upon this Statute 8 H. 3. the like in Gavelkind, of which the heir shall inherit. And this prescription is not made of the seisin of him nor of his ancestors, and therefore out of the case of the Statute.  
A replevin for an amerciament, in a leete for not coming to be sworn to the King, the defendant prescribes that the usage is there to be sworn before the Constable and Portreeve, and not in the Leet, this is no good prescription by the opinion of the Court, 2 H. 4.  
Abbe and his predecessors have been seized of a rent by prescription out of the manor of D. de tempore, &c. the Abbey is changed into a Dean and Chapter, where they shall not prescribe in them and their predecessors de tempore, &c. upon this Statute,  
Because they ought to prescribe part in the Abbe, and his predecessors, and then show the alteration, and prescribe by the name of Dean and Chapter, &c. 7 Ed. 4.  
Replevin the def. prescribes to have 10. pound for every daughter of every villain which is married in his manor of D. de tempore, &c. and for to distrain the goods of the father for the same, &c. and for marriage of such a daughter of I.N. his villain, he avoweth this is no good prescription upon this Statute,  
Because he may take all their goods at the Common Law.  
In an assize the tenant said that he leased to W.H. for life who aliened to the plaintiff in fee for which he entered, the plaintiff said that it had been used de tempore, &c. which in the Village of Dale ubi, &c. that whatsoever estate a man made, that nothing should pass but only his own estate, and the rest to be void, this is a good prescription upon this Statute,  
Because a thing which may be intended to have a lawful beginning, as by grant or reasonable usage it is good; as to have for every poll 4. pence of the cattle distrained, or to kill the distress which he takes damage pheasant, or to have of every one which breaks his pound, this is no good prescription against a stranger, but against his own tenants it is, because it may begin by assent.  
In a replevin the defendant said that the tenant held 4. acres of him by fealty, and two shillings rent, for which rent, &c. his ancestors have used de tempore, &c. to distrain, this is no good prescription upon this Statute,  
Because where the Common Law will serve, he shall not prescribe.  
A man prescribes in an Avowry that he, &c. have been seized of Common without number in the place, &c. by 40. years before the making of the prescription, this is no good prescription,  
Because the Statute doth not warrant it, albeit it speak of seisin within 60. years.   

The third DIVISION, or LECTURE.  
Where he that hath cause of action, entry, title, or right, and suffers this limitation to pass, may have remedy afterwards, and what remedy, and where not; As also where the laches of one shall prejudice another, and where not; and where a may may make a claim after 60. years, and where not.  
A Man sells his land by Indenture after the Statute, and before the enrolment the vendor is attainted of felony committed after the bargain and before the enrolment, and after thedeed is enroled, within six months the Lord enters for escheat, the vendee doth Ouster him, and declares of a seisin by 60. years, the Lord may re-enter, and retain, notwithstanding the Statute,  
Because that the Land is not vested in the Vendee, until enrolment, and a matter of Record shall not have relation beyond the rest, and mesne acts vested shall not be devested: And it seemeth that this Statute of Limitations doth not take away the right nor entry of none of his own proper seisin, but only his action, prescription, title, and claim of the seisin of his ancestors and predecessors; and if the vendor die before enrolment, the Lord shall have the Ward.  
A man seized of a manor, and villain regardant in the right of his wife, the villain purchaseth Lands, the husband enters, and dyeth, his heir enters, the wife may enter 61. years afterwards, and retain notwithstanding the Statute,  
Because the husband shall not have the Land purchased in right of thewife , and the wife was seized with him, contrary, of a termor, or tenant for life, which are seized, jure proprio.  
A man made a feoffment upon condition, on the part of the feoffee, the condition is broken, the feoffee dyeth seized, his heir enters, the 60. years' pass, the feoffor may enter and retain, notwithstanding this Statute,  
Because the Land is bound with a condition, and if it be by deed, it may be pleaded by Littleton, tamen cave, that he bring no action after his entry, because it seemeth that if he be driven to make title, that then he is gone: And the like seemeth, if he be driven to plead that by way of bar, but upon a general issue he may give it in evidence.  
A feme disseiseres taketh a husband, the disseisee releaseth to the husband and his heirs all his right, the husband dyeth, the heir of the husband entereth the 60. years' pass, the wife may enter, and retain,  
Because this release shall enure to the wife, for albeit that the wife was itby wrong, the husband was in by title, and therefore that enures according to the estate, and perfects the estate of the wife; as a release to three feoffees of a disseisor, where there are four feoffees, that enures to the rest, but contrary, of a rel.. to one of the disseisors.  
An infant seized of land, takes a wife which hath issue, a son, the husband being then of the age of 8. years, and after had another son, the husband being of the age of 18. years, the husband dyeth, the youngest son enters, and the eldest son enters upon him, and continueth possession by 60. years, yet the youngest may enter and retain,  
Because the eldest is bastard, by reason of the age of the father, 29. E. 3.54. & 38, and that such bastardy shall be tried by assize by special pleading.  
A man seized of Lands, hath 2. daughters and dyeth, I. S. abateth, and the eldest son makes claim a furlong disjunct from the land, because he dareth not enter, and after dies without issue 60. years after, there the other sistermay enter and retain,  
Because the claim of one, is an entry for the other, and one assize shall serve for the entrer, 38. E. 3.23. but such claim shall be within the view of the Land, for otherwise it shall not stand for an entry upon trial, &c. because the issue was taken, 4. H. 4. And the Stat, saith, that a man shall not declare nor allege any farther seisin of his Ancestor or Predecessor then within 60. years, &c.  
A man makes a feoffment in fee to I. N. upon condition that he shall deliver xx. yards, or &c. of wool at Roan in France, the feoffee doth not deliver it, the feoffee enters and declares by 60. years, the feoffee may claim, or enter, and retain,  

Cont. Cok. li. 6, fo. 47. &c. in Dowdals' Case with a difference.  Because the condition is void to be performed beyond Sea, which cannot be tried here, 10. H. 6. and therefore the entry of the feoffor was a disseisin, vide 7. H. 6.14.  
A feme disseiseres takes a husband, the husband makes a lease for life, and the disseisee releases all his right to the tenantfor life, the tenant for life dyeth, the husband dyeth having issue, &c. the heir enters, the wife enters upon him, and continueth possession by 60. years, the heir of the husband may claim the Land, or enter and retain,  
Because by the discontinuance the reversion was to the husband alone, and therefore the release to tenant for life, enureth to the estate of the Land, and of him in the reversion, Tit. Release, Litt. 119.  
A man hath issue bastard reign, and mulier puisne, and dyeth, the bastard entreth, and indoweth the wife of the father and dyeth, and the tenant in dowry dyeth, the issue of the bastard enters, and continueth possession by 60. years, the mulier cannot claim, nor enter, nor retain,  
Because that although the bastard doth not die seized, as of a reversion, yet the mulier cannot enter as heir of his ancestor after 60. years, because that is a claim in Law.  
A man seized hath issue, two daughters, the one a bastard reign, and the other a mulier puisne, and dyeth, the daughters enter, and are impleaded, and vouch an estranger, who enters into the warranty, and loseth, the demandant recovers, and they over in value, the mulier ousts the bastard, and continueth possession 60. years, the bastard may enter, and retain,  
Because the Vouchee is a conclusion.  
A villain takes a wife, and purchaseth Land to him and his wife in see, the Lord enters, the bastard dyeth, the Lord continueth seisin, 60. years pass after the death of the husband, the wife may enter, and retain the Land,  
Because there are no moieties between husband and wife, of a purchase, during covertures.  

id. Coke li. 4. l. 71.  A feme seized in fee, sells the Land after the Statute, by Deed indented, and after is ravished, and consents to the ravishor, his son enters, and after the Deed is enrolled within six months, the vendee enters and is seized by 60. years, the son may make claim, or enter, or retain,  
Because it was perfectly vested, as where a daughter takes a perquisite, or remainder, and after a son is borne.  
A man marrieth with his Neife, and Land is given them in fee, the husband dyeth without issue, the heir enters, the wife ousts him by a continuant by 60. years, the heir may enter and retain,  
Because the marriage is not an enfranchisement, and then by the death of the husband this is a purchase by the villain, because by Natura Brevium she shall not have dowry.  
A man seized in right of his wife, aliens in see upon a condition, the husband dyeth, the condition is broken, the heir of the husband enters, and continueth 60. years, the wife may enter, and retain,  
Because the entry of the heir purgeth the discontinuance, 4. H. 6.  
A man hath issue, two daughters, the one a bastard, and the other a mulier, and holds of the King, and dyeth seized, the daughters enter, and sue livery, andafter the mulier ousts the bastard, and continueth by 60. years, the bastard may enter, and retain the avowry, and if she be ousted, she may have a Writ of Right,  
Because the Livery is an Estoppell, and a descent between privities shall not take away an entry, and the bastard is privy by Estoppell.  
A man is disseised of a message, and dyeth, the heir suffers 60. years to pass, and after cometh to the door to set his foot to enter, the disseisor stands in the door with a Sword, by which the other dares not enter, and afterwards in the same manner the disseisor dyeth seized, and his heir enters, this claim shall not serve the heir of the disseisee,  
A feme covert is disseised, the disseisor dyeth seized, his heir enters, the husband and wife dyeth, the 60. years' pass, the heir of the wife cannot enter, nor retain,  
Because this is a claim upon the seisin of the ancestor.  
A man sells his Land by Indenture, and after disclaims in an avowry, by which the Lord recovers by a Writ of Right, sur disclaimer, and enters, and afterwards the vendor enrolls the Deed within the 6. months, the vendee enters, the six months' pass, the Lord may enter, and retain, and if he be ousted, he may have a Writ of Right, and in all these Cases they claim of their proper seisin, and not of the seisin of their ancestor, or predecessor.  
Two parceners bring a sur cui in vita, the one is nonsuited, summoned, and severed, the other recovers the moiety, and both enter, and afterwards he which recovered, ousteth the other, and continueth by 60. years, yet the other may enter with her sister, and retain, and if she be ousted, she may have a Writ of Right, 19 H. 6. f. 4.  
A feme grants a reversion by deed in fee, and takes the grantee to husband, and after the tenant Attornes, the husband dyeth, his heir enters, the wife ousteth him, and continueth seisin by 60. years, the heir of the husband may enter, and retain, and if he be ousted, he may have a Writ of Right,  
Because the Attornment is good, contrary if the grant were to havebeen persons, because then that will not pass by the Attornment for to prejudice the husband.  
A feme sole makes a feoffment upon a condition that the feoffee shall re-enfeoff him when he shall be required by him, and takes a husband, and makes request, the feoffee refuseth by commandment of the husband, the husband dies, and after the feoffee dyeth seized, and his heir enters, and continueth possession by 60. years, the wife may enter, and retain, and if she be ousted, she may have a Writ of Right,  
Because her entry was changeable by the refusal, by reason of the first condition, notwithstanding the descent, where it is upon condition, 35. E. 3.11. and the request is good.  
Tenant in tail discontinueth, and hath issue, a daughter, and dyeth, the 60. years' pass, &c. the daughter takes a husband, the feoffee makes an estate to the husband and wife, for the life of I. N. the husband dyeth, I. N. dyeth, the discontinued enters upon the wife, she may enter and retain,  
Because she is remitted, quaere, because she cannot have an action, by reason of the time past, and then out of the case of remitter, yet it seemeth that the issue in tail which is outlawed, and hath a release, may be remitted.  
A man is disseised, and releaseth all his right to the disseisor, upon condition that the disseisor shall enfeoff him of other Land within a month, the time expires, no feoffment made, the 60. years' pass, the disseisee may re-enter & retain, and if he be ousted, he may have a Writ of Right by reason of the condition.  
Tenant in tail discontinueth, the 60. years' pass, the issue in tail disse●seth the discontinued, and the discontinued hath issue within age, and dyeth, the heir in tail dyeth seized, his heir enters during the infancy of the heir of the discontinued, the heir of the discontinued cannot enter, nor retain, by reason of the remitter.  
A man is disseised and dyeth, his heir within age, the disseisor dyeth seized, his heir enters during the nonage of the heir, and continuethseisin by .60. years, the heir of the disseisee cannot enter, nor claim, nor have action,  
Because he claimed upon a seisin of his ancestor, which is defended by the Statute.  
A man is defaced of certain Lands, and recovers the Land in a praecipe quod reddat, the tenant dies seized, his heir enters, the 60. years' pass, yet the defaced may enter, and retain, and if he be ousted, he may have a Writ of Right.  
Note that Deane and Chapter, and the like, by the name of their corporation may make a claim by an 100 years past,  
For the reasons rendered in the first Lecture.  
A man seized in the right of his wife, is disseised, or makes a discontin, and liveth 61 years, he and his wife die, the heir of the wife shall not have action, claim, nor enter,  
Because none is aided but those which were covert at the time of the Statute, &c. and the heir doth not claim upon the seisin of his ancestor beyond 60. years, and an entry is a claim.  
If tenant for life, or an idiot, or a man imprisoned, or beyond Sea, are disseised and suffer the 60. years to pass, and dyeth, their heir, nor those in the reversion shall not make claim, nor enter, nor have action,  
Because if their entries are taken away they shall be barred in perpetuum, for the reason aforesaid.  
If an Infant be seized at 14. years, and hath issue, and dyeth before 21. years, and every issue one after the other, until 60. years are past, their heir shall never have action, nor claim,  
By reason of this Statute, because an Infant or the like, are not excepted, but only those which were Infants tempore Statuti.  
An Infant sells his Land by deed indented, and enrolls the deed within six months, he being within age, the vendee enters, the Infant ousts him, and continueth by 60. years, the vendee may re-enter, and retraverse, and if he be ousted, may have a Writ of Right,  
Because the Infant is estopped by the enrolment, to say that he was within age, tempore, etc,  
A man hath issue, two sons, and dyeth seized, the first enters, and dyeth seized, the 60. years' pass, the eldest cannot make his claim, nor enter, nor retain, because that notwithstanding there be a privity in blood, &c. yet he must claim of the seisin of his ancestor, and an entry is a claim in Law, which is ousted by the Statute.  
A man seized in fee hath issue, a son, and a daughter, by one venture, and a son by another venture, and gives his Land to his eldest son in tail, and dyeth, and after the eldest son dyeth without issue, the daughter of the entire blood shall enter, the youngest ousteth him, and continueth seisin by 61. years, the daughter cannot make claim, nor enter, and retain, because the fee doth not vest in the eldest son by descent, by reason of the entail, and therefore it was in abeyance, and yet it is in him for to give and forfeit as a reversion, &c.   

The fourth Lecture. Of Avowries.  
Where a man shall make an Avowry of a longer time than is limited by this Statute, and where not, and what shall be good Avowries upon this limitation, and what not.  
A Man holds by grand Serjeanty of the King, distrains, and allegeth seisin within 50. years, and avows for aid to marry his daughter, the Avowry is not good, 10. H. 6. by all the Justices,  
Because none shall pay such aid, but tenants in Soccage, or chivalry, and not tenant by grand Serjeanty, nec alii.  
Replevin against two, of a horse taken, who come, and one of them avoweth for a rent charge, and the other for a rent service out of the same Land, and both allege seisin within 50. years, this is a good avowry upon this limitation, 31. E. 3. in Fitz. 241.  
Because it is not like to coparceners, betwixt whom is privity.  
A man avows the taking of two Clothes for toll due, 52. years past, by custom to destraine the goods of the buyer within the village for toll, &c. this is a good avowry, notwithstanding this Statute,  
Because it is not for rent, suit, nor service, 20. E. 3.  
Avowry, because the custom of his manor is, that if any one break the pound, that he and his ancestors de tempore, &c. have used to distrain for x. s. this is good, notwithstanding this Statute,  
Because the prescription is good betwixtTenants of the manor, and it is not for rent, suit, nor service.  
Lord's mesne, and Tenant, the mesne is in arrearages to the Lord, the Lord distrains the Tenant, the Tenant forejudges the mesne, the Lord accepts the rent, and services by the hands of the Tenant, and after avows upon the Land for the arrearages of the mesne, and allegeth seisin within 50. years, this is no good avowry for the arrearages,  
Because this is the act of the Tenant, and cannot do otherwise but take him for his Tenant, 7. E. 3.  
Avowry for xx s. for bloodshed presented upon the plaintiff in his Leet, 51. years past, according to the custom, &c. this is a good avowry notwithstanding this Statute, which speaks of 50. years,  
Because it is not for rent, suit, nor service, and the custom is good.  
Grandfather, Father, and Son, the Grandfather holds of the Lord by Harriot, relief, and xii. d. rent, the Grandfather dies, the Father enters, and enfeoffs the Son, and dies, the Lord accepts the rent of the Son, and within 50, yearesdistraines and avows upon the son for the Harriot and relief of his Grandfather, due within the 50. years, and alleges seisin within 50. years, this avowry will not serve upon this limitation,  
Because by the acceptance of the rent and service of the son he hath lost the Harriot and relief, and all the arrearages, 4. E. 3.  
A man seized of a manor in right of his wife, leaseth the manor for xx. years, rendering x. livre. by the year at Michaelmas, the wife dies without issue before Michaelmas, after Michaelmas passed, the lessor may distrain and make an avowry by this Statute,  
Because that until the wise enters, the tenant shall render the rent to the husband.  
Avowry because the custom of the manor is to have x. li. for a fine of every villain there which marrieth his daughter without licence, and that such a villain married there within 50. years without lilence, &c. and therefore avoweth, this is not good,  
Because he may take the goods of his villain by the common Law.  
A man distrains his Tenant for homage due 50. years past, the Tenant dies, his Executor sueth a Replevin after 50. years, the defendant justifies for homage, which was due 50. years past, and that the tenant is dead, this is a good justification, notwithstanding the Statute,  
Because the Statute speaks only of an avowry, and cognisance, and not of justification.  
A man is the King's bailie, makes cognisance for xx. s. rent, against the plaintiff, and declares of seisin in the King, by the hands of the plaintiff 60. years past, this is a good cognisance,  
Because the King is not bound by the Statute,  
Avowry for x. s. Amerciaments in a Leet for breaking of the assize of bread and bear 50. years past, this is good,  
Because it is not for rent, custom, nor service.  
A man grants a rent charge of x. li. payable yearly at Michaelmas, and if it be behind fourteen days, then to distrain as well for the Rent, as for xx. s. nomine penae, in this case, if it be behindeby 14. days, 50. years past, the grantee may distrein and avow for the penalty, but not for the rent,  
Because out of the case of the Statute,  
In a Replevin the Defendant said that W. leased the manor of D. to I. N. for term of life, and he as bailie to the said I. N. distreines for rent due 51. years past, and this day the said I. S. died, and the Tenant that now is, had sued a Replevin, this is a good justification after this limitation, notwithstanding this Statute,  
Because this is a justification, &c. and the Statute 32. is, that the Executor may make an avowry, or have debt, but the avowry of the party is determined by his death.  
Tenant in tail aliens in fee, an ancestor collateral of the donor releaseth with warranty, and dies without issue, the donor distrains and avows for the rent upon issue in tail, and not upon the feoffee for the arrearages due within 50. years, and after the feoffment this avowry is not good upon this limitation,  
Because that notwithstanding that he shall not be driven to avow upon the feoffee, and the feoffee cannot plead the matter, and the warranty doth not extend to service, yet the service is incident to the reversion, which is determined by the collateral warranty descended, and by the grant or release of the reversion, the rent passeth, and it appeareth 31. ass. tit. Reservation 11. that the services cannot be taken from the reversion by grant, because they are incident, and the rent passeth not, but as a rent seck, of which no avowry lieth, and therefore a determination of the reversion, is a determination of the rent.  
Lord and Tenant by Harriot, the lessor distrains, and avows upon the heir for Harriot of the Grand father, and for Harriot of the Father of the plaintiff upon a seisin 50. years, this is a good avowry upon this Statute,  
Because all is upon one survey.  
Lord's mesne, and tenant, and every one holds of the other in chivalry, the tenant goeth with the King into Scotlandby the common summons of the King, and the mesne doth not go, the Lord distrains and avows upon the mesne for escuage by a seisin within 50. years, &c. this is not a good avowry upon this Statute, notwithstanding it be within 50. years,  
Because the avowry of the tenant shall serve the mesne, because that if the tenant do the service, that sufficeth.  
Lord and Tenant, the Tenant disclaims in avowry, the Lord dyeth, the son distrains, and allegeth seisin in the Father within 50. years, and avows for rent due to him within 50. years, this is a good avowry upon this limitation,  
Because the son cannot have a Writ of Right upon disclaimer, upon a disclaimer made in the life of the father.  
An avowry, for that I. S. holds three acres of him by fealty, and a hawk, which was arer. by x. years, and that afterwards he enfeoffed the plaintiff of one acre, which was in arer. by two years, and he comes and distrains the Cattle for all the arrearages for x. years, and avows for two hawks for two years due, that is to say, x. cattle for one rent, and two for another, and allegeth seisin within 50. years, &c. this is a good avowry upon this limitation, 22. E. 4.  
Because that every acre is charged with the entire arrearages which was due before this feoffment, and every one shall hold by one hawk after the feoffment, and so now he shall have two hawks, and he may charge the feoffee with the arrearages of all.  
Avowry for aid to make the son a Knight, the Land is of the value of x. li. by the year, which is holden in Soccage, and the son of 15. years of age, &c. and allegeth seisin within 50. years, the plaintiff pleads a release made by the Lord to him by 9 years past, of all suits, services, and demands, besides fealty, and x. s. rent, this is no good avowry, notwithstanding this matter,  
Because that that which is incident cannot be released by general words, 40. E. 3.14.  
A man distrains for aid to marry his daughter 51. years past, the Tenant cannot sue a replevin until after the one and fifty years, the Lord upon the matter makes an avowry for aid due 51. years past, which is out of this limitation, yet this is a good avowry, notwithstanding this Statute,  
Because the aid is incident to the tenure, and is not rent, suit, nor service,  
A village is assessed to x. li. for the fees of the Knights from the beginning of the Parliament, 51. years past, and cannot agree of his tax betwixt them, by which the sheriff distrains the village, and makes an avowry for this sum due, 51. years past, this is good,  
Because it is not rent, suit, nor service, Fitz. Avowry, 13. E. 4.  
The Guardian endows the feme the time of the second husband, reserving 3. s. rent by the year for equality, and makes an avowry for the rent against the feme after the death of the second husband, and allegeth seisin within 50. years, the avowry is not good upon this limitation, 17. E. 3.  
Because the woman was covert, tempore, &c. and it is not like a rent reserved upon partition, &c.  
Replevin, the defendant avows for that that he leased his Land after this Statute, to the plaintiff at, in, &c. for the yearly rent of xx. s. per annum, at, to, and in, and for the rent due at, in, &c. and within 50. years after he distrains, and avows, this avowry is not good by this Statute, &c.  
Because when the term is ended, he cannot distrain.  
I. N. holds of W. S. two acres of Land by 2. shillings, and 3. other acres by 3. shillings, the Lord distrains two Cattle in one Land, and two in another, and avows for 5. shillings by seisin within 50. years, this is not good,  
Because he shall make two avowries.  
Lord and Tenant of three acres of Land holden by 3.d▪ rent, the Tenant leaseth one acre to the Lord for 12. years, the Lord distrains in the other two acres, and makes an avowry for two pence upon this limitation, this avowry is not good,  
Because a suspension for part is a suspension for all, but by the extinguishment of part, the rest shall be apportioned. Nota differentiam.  
Lord and two joint-tenants by fealty 2. s. and suit of Court, the Lord brings a Cessavit against both, and hath execution, and distrains in the other moiety, and makes an avowry for suit upon a seisin within 50. years according to this Statute, this avowry is not good,  
Because by this recovery and execution the entire suit is gone, because he cannot be contributory to himself, contrary of a rent, because that shall be apportioned, note the difference.  
Lord and Tenant by fealty and four shillings rent, the Lord releases the rent to the tenant, and to the heirs of his body, the tenant dies without issue, the Lord distrains his next heir, and makes an avowry upon this limitation, for rent due after the death of the Tenant, the avowry well lieth,  
Because a release for one hour to tenant in fee-simple, as to the title of the Land is good for ever, and yet contrary of a rent Fitz Voucher 120.13. E. 3.92. because that was his estate in the rent, and so is it there adjudged.  
Lord's mesne and tenant, every one holds of each other by iiii. d. the Lord releaseth to the Tenant all his right in the Land, and after the mesne distrains and avows for iiii. d. upon the tenant, upon this limitation the avowry doth not lie,  
Because by the release the moiety is extinct.  
Lord and Tenant by fealty, and iiii. d. rent, the rent is behind, the Lord disseiseth the Tenant of the same Land, and continueth possession by a year, and after the tenant recovers by an assize, the Lord distrains and makes an avowry for arrearages due before the disseisin upon this limitation, this is a good avowry, 8. E. 3.37.  
Because all is received by the recovery, and nothing shall be recompted, but that which is before the unity.  
A man hath issue, a son, and a daughter, by one venture, and a son by another, and is seized of two acres of Land, and grants x. s. rent charge in fee out of one to the son, the son dies without issue, and after the father dies, the daughters enter, and make partition, and the acre charged is allotted to the youngest, the eldest daughter distrains his sister, and makes an avowry upon this limitation for 5. s. this is goods,  
Because nothing is extinct but the moiety of the rent, for nothing is descended of the Land to the eldest daughter but the moiety of the land, but the entire rent is descended to him, 34. E. 3. Quintons' Case.  
A man makes one Steward of his manor, and gives x. li. fee to him with distress, & officio suo exequendo, with manger and boyer for term of life, and the Steward leaseth the fee, and the manger and boyer to the Lord of the manor for four years, rendering to him 12. li. per annum, with clause of distressein the manor by deed indented, the Steward doth not keep the Courts, and afterwards distrains for the 12. li. and makes an avowry upon this limitation, the avowry doth not lie,  
Because it is extinct by the nonfeasance of the services, &c. 20. E. 4.12. because when the Rent comes by reason of the Land, there a lease to the Lord is a suspension, but contrary, where it cometh ratione personae per Curiam.  
Tenant in tail aliens in fee with warranty, and leaveth assets and dieth, the issue is barred in a formedon, the donor destraines and avows upon the heir in tail of the seisin within 50. years, the avowry is good upon the Statute,  
Because this is nothing to the donor.   

The fifth Lecture. Of Formedons.  
Whereas the Statute is, that Formedons in reversion shall be brought within 50. years after title, and cause of action accrued. It is to be seen to whom action shall be said sufficiently accrued to take advantage of the Statute, and from what time the 50. years shall be accounted, & è contra.  
A Man lets Land to one for life, the remainder to his own wife in tail and dyeth, the Tenant for life dies, and I. N. enters, Action is not accrued to the wife to have a formedon in remainder within the 50. years,  
Because a gift immediate to his ownewife is not good, but contrary, of a feoffment to an use, or a demise, but if he in the remainder be not capable at the time of the livery, he shall never be as in the case of Rikhill.  
A man lets for life the remainder of I. N. in fee, I. N. enters in religion, the lessee for life dies, the brother of I.N. enters, and commits felony, and is attainted, the Lord enters for an escheat, I.N. is deraigned before 30. H. 8. no action of formedon in the remainder is accrued to him,  
Because it was executed before in his heir, and the forfeiture for felony is executed also, and religious persons shall not be capable by the Statute of 31. H. 8.  
A man leaseth for life the remainder to Deane and Chapter, and to the heirs of the Dean, the Tenant for life dies, I. N. enters, the Dean and Chapter which then were, die, and others are chosen, action is accrued to the heir of the Dean by a formedon in the remainder, but not of all,  
Because he had but a moiety only.  
A man leaseth for life the remainder in tail, the tenant for life alieneth in fee, no formedon in remainder is accrued to him in the remainder,  
Because tenant for life is yet living, and during his life a formedon lieth not.  
Lord mesne and tenant, the mesne grants his menasltie for term of life, the remainder over in tail, the remainder over in fee, the tenant attornes, the terr tenant brings a Writ of mesne against the mesne for term of life, and forejudges him, the mesne for life dyeth, a formedon is not accrued to him in the remainder,  
Because the tenant of the Lord paramount, by the forejudger, and all the remainders is but the same signiory, because that albeit forejudger doth not lie against tenant for term of life, nor against tenant in tail, nor a feme covert, yet the judgement is not void, but error, and the action doth not lie until judgement reversed, and in remainder by equity of the Statute, which speaks of reversions, 9 R. 2. cap. 3.  
A man gives Land for term of life, the remainder in fee, the tenant for life is disseised, the Lord brings a Writ of Right, the Lord disclaims against the disseisor, and recovers upon the disclaimer, the tenant for term of life dyeth, the Lord enters, action is accrued to him in the remainder, by a formedon in remainder,  
Because that he in the remainder is not bound.  
A man gives in tail to I. N. who leaseth for life, and enters, and dies without issue, 60. years before Ascension, 1546. the tenant for life dies 26. years after, he in the reversion may have a formed on in reverter post. I. N. habit. religionis assumpsit,  
Because the Register warrants, or formedon in discend and reverter; but quaere of a remainder, and the action doth not fall until after the death of tenant for life, and the Stat. of 31. doth not make them capable which are expelled out of a house dissolved.  
A woman sells her land to two by Indenture, to have to one for term of life, and to another in tail, the remainder in fee, and delivers the deed, and after takes a husband, and after he and the wife within the 6. months' cause that to be enroled, and acknowledge it to be the deed of the wife, the tenant for life dies, the husband holds possession, a formedon in remainder is not accrued to him in the remainder,  
By reason of the husband's interest.  
A man seized of a rent, grants that to another, to him and his heirs, or to the heirs of his body, the remainder in fee, provided, that if the grantee die, his heirs females within age, that the rent shall cease during their nonage, the grantee hath issue, two daughters, one within age, and the other of full age, and dyeth without issue male, I. N. haps the rent, action is accrued by a formedon in remainder, to him in the reversion in fee,  
Because one is of full age, and therefore the rent shall not cease.  
A man disseised of two Acres by the Bishop of L. and after releases to the Bishop and his successors, the Bishop gives in tail, and dyeth, the tenant in tail dies without issue, a formedon in reverteraccrues to the successor of the Bishop, and not to his heir,  
Because where he was a disseisor of the fee at the first to him and his heirs, the release enures to an entry and feoffment.  
Land in gavelkind is given to one in tail, who take a wife and dies without issue, the wife holds all in dowry by custom, and dyeth xx. years after the death of the husband, I. N. enters, he in the reversion brings a formedon in reverter 60. years after the death of the husband, and after this Statute, the action is well brought by this branch of the Statute,  
Because the action is not accrued until after the death of the wife, and so is it taken within 40. years after her death.  
A man of non sane memory made a feoffment in fee, and after is made Bishop of R. the feoffe● enfeoffes the Bishop to him and his successors which gives in tail, the tenant in tail dies without issue, the Bishop dies, a formedon in reverter is accrued to the heir of the Bishop, and not to his successor,  
Because by the refeoffement the Bishop was remitted, for his entry was congeable.  
A man gives in tail, the remainder in fee, the Lord brings a restraint against the tenant in tail, and he appears, and leaseth, and dies without issue, a formedon in remainder shall not accrue to him in the remainder within the 50. years,  
Because the Land is lost by judgement, by Statute Law of W. 2.21.  
A man leaseth for life the remainder in tail, to another the remainder in fee, to the first Tenant by a Fine, the Tenant for life dies, and he in the remainder in tail dies without issue, I. N enters, action is accrued by Scire facias within the 50. years to the heir of the tenant for life, notwithstanding the seisin of his Father,  
Because the fee was not executed, 38. E. 3.21.  
A man leaseth for life upon condition, that if the leasee hath issue in his life, that the Land shall remain over to W. N. it fee, the leasor recovers against their leasee, by a Writ of Waste, and hath execution, the leasee hath issue and dyethno action of formedon is accrued to W. N.  
Because the fee remains in the leasor until the tenant hath issue, and then the recovery defeats the first Livery.  
A man gives to husband and wife in special tail by Fine, the wife dies without issue, the husband leaseth his estate to him in the reversion, upon a condition, and for the condition broken he reenters and dyeth, a stranger enters, action is accrued to him in the reversion within the 50. years by Scire facias,  
Because the execution of the estate is defeated by the entry, by the condition, and he in the reversion may well have an action, 38. E. 3.19.  
A man leaseth for life the remainder in tail to I. N. the tenant for life is disseised, an ancestor collateral of the Tenant in tail releaseth with warranty, and dies without issue, the tenant for life reenters upon the disseisor and dyeth, the disseisor reenters, a formedon in the remainder is not accrued to him in the remainder,  
Because the entry of tenant for lifeshall not remain, the remainder which was bound by the descent of the collateral warranty before the entry, &c. 44. E. 3.  
Lord and Tenant, the Tenant dies without heir, I. N. enters and leaseth to the Lord for term of another man's life, the reversion over in tail, cesty que vy dyeth, a formedon in remainder is accrued to him in the remainder,  
Because the Lord cannot be remitted, because he had no right of entry, but a title, and he had disclosed his intent to the contrary.  
A man levieth a Fine of a manor for term of life, the remainder over in fee, and after a tenant of the manor dyeth without heir, the conusor enters in the Land, and hath the manor, the tenant for life dyeth, he in the remainder shall have a Scire facias of the manor within the 50. years, and recover the Land escheated against him which enters, &c.  
And here it shall be by the name of a manor, because now this is parcel of the manor, because it is come instead of the services, yet if he enter in this parcel only, it seemeth that a Scire facias will not lie of that.  
A man demiseth Land to I. N. for life upon condition to be chaplain, and to pray for the soul of the demisor, the remainder to another in tail, the demisor dyeth, I. N. taketh the profits by 6. years, and is no priest, the heir of the devisor enters, I. N. dyeth, a formedon in reversion is accrued to him in the remainder within the 50. years,  
Because the entry by the condition, which depends only upon one estate, doth not defeat the remainder, which was not tied to the condition, but contrary where there was no remainder; Note the diversity.  
A man leaseth to I. N. and E. his wife for life, the remainder over in fee, I. N. dyeth, and it is enacted by Parliament, that all estates made to the said I. N. shall be void, and the wife 12. years after Act of Parliament dyeth, he in the remainder 60. years after the Act, may have a formedon in remainder by this branch of the Statute,  
Because the estate of the wife, nor the remainder are not void by the limit. action, not accrueing until after the death of the wife, and it is brought within 48. years, &c. 5. H. 7.30.  
A man leaseth for life the remainder over in fee, the tenant for life loseth by erroneous judgement, and dyeth, and he in the reversion twelve years after the death of tenant for life, brings a Writ of error, and reverseth the judgement, and an estranger enters, and he in the remainder brings a formedon 60. years after the death of tenant for life, the action well lieth by the branch of this Statute, which speaketh of 50. years,  
Because the action is not accrued until after the reversal, and a Writ of error is not an action, nor a release of actions is not a plea in this, and he in the remainder shall have error by equity of the Statute, by him in the reversion.  
A man grants a signiory in gross to one in tail, the remainder over in fee by Fine, the Tenant attornes, and after aliens in mortmain, the Tenant in tail enters, and makes a feoffment of the Land, and dies without issue, no Scire facias is accrued to him in the remainder of the Land, nor of the Rent,  
Because the Land was not given, and the seisin was determined by the entryof the Tenant in tail, and the Statute of mortmain saith, that Capitalis Dominus intrabit, & retinebit in feodo, and therefore is a perquisite to him, and the book of 44. E. 3. is no rule that a Scire facias shall lie of the tenancy, in lieu of the services.  
A man leaseth for life, the remainder over in tail, the Tenant for life leaseth to Tenant in tail for the life of Tenant in tail, who dyeth without issue, the Tenant for life enters, a sormedon in remainder is not accrued to him in the reversion,  
Because the lease of the manor is not a surrender, nor forfeiture, tit. dowry Fitz. & Park. fo. 20.7. H. 6.4.  
A man leaseth for life the remainder in tail, the remainder in fee, the Tenant for life grants his estate to him in the remainder in tail, and to I. N. he in the remainder in tail dies without issue, action of formedon is not accrued to him in the remainder in fee,  
Because the tenant for life, and I. N. are living, and it is no surrender for the advantage of the survivor I. N. Gascoignes case, 7. H. 6.   

The sixth Lecture. Seisins and Trials.  
What proofs upon such issues limited by the Statute shall be sufficient, and contrariwise, and what trials upon that shall be good, & e contra, and who shall be bound by them, and who shall take advantage, and where the party may refuse the trial, & e contra: And what matters shall lie in trial, notwithstandstanding this Statute, as before this Statute, & e contra.  
Dowry, they are at issue that the husband was never seized of such an estate of which she was dowable, &c. the wife proves seisin 61. years before the teste of the Writ, this a good proof of the seisin to recover, notwithstanding this Statute,  
Because that this is of the seisin of the husband, and not of the party, her ancestors, or predecessors.  
In an assize of Common they are at issue, ne unque seize so that he might be disseised, the plaintiff said that I. N. was seized, and grants to him in fee, and because he had not Cattle of his own, he puts in Cattle of others, with the assent of the grantor, this is a good proof of the seisin to have an assize, 22. E. 3. p. 84.  
Dowry of rent they are at issue ne unque seize, the plaintiff proves that the rent was granted by the husband in fee, upon a proviso, that if he die his heir within age, that the rent shall cease during the nonage; the father dyeth the son within age, and takes the demandant to wife, and dies before 21. years of age, this is no good proof of feisin,  
Because the rent had not essens during this time, and it is not like the case of 24. E. 3. where she was endowed with a cesset executio, because there the husband was seized indeed, and it is not like a Dowry of a signiory in suspense, as where the Lord marryeth his Tenant, which is a woman, he dies, she shall be endowed of the signiory, but here the rent ceaseth by matter in faith, and not by matter in Law.  
Dowry, The parties are at issue upon ne unque seize, &c. the demandant proves a lease for life made by an estr, the remainder to her husband in tail, the tenant for life leaseth to the husband for life of the husband, the husband dies, the tenant for life enters, and she brought dowry, this is no proof of the seisin,  
Because it is no surrender nor forfeiture, and the tenant for life which leaseth, shall have the reversion in this case.  
In dowry they are at issue upon the seisin, the tenant shows that the husband was his villeine, and purchased, wherefore he entered upon the husband, the plaintiff says that this purchase and entry was during coverture, and the husband died, &c. this is a good proof of seisin to have dowry,  
Because the title of the Lord is not until his entry, and therefore the wife had the elder title.  
A woman hath issue, a son, and consents to the ravishor, the mother leaseth to the son for term of life by deed poll, the son hath issue & dies, the mother enters, the issue brings a Mortdan. and theyare at issue upon the seisin, the issue gives all the matter in evidence for seisin in fee upon the lawful entry of his father, this is no good proof of seisin,  
Because that he which hath but a title of entry, and not a right of entry, cannot be remitted.  
In an assize they are at issue upon Ne unque seize, &c. the Pl'. gives in evidence that I.N. holds the Land of him, and was attainted of felony, and that the King should have annum diem & vast. and grants it over, the defendant enters upon the grantee within the year, and the Pl'. brings an assize within the year, this is a good proof of the seisin,  
Because he can have no other seisin during that year.  
Assize, they are at issue upon Ne unque seize, the plaintiff gives in evidence that the Land is demisable, &c. and that I. N. his testator was seized, and demised to him, being his executor to sell, &c. and dyeth, the plaintiff enters, and the defendant ousts him, and he brings an assize, this is a good proof of seisin, per judicium,  
Because he had the fruit against anestranger , until the heir may espy a forfeiture, and makes actual entry.  
Tenant by the courtesy of a rent charge granted to his wife in fee, to be paid at Michaelmas, his wife dies before the feast, he makes an Avowry, the Tenant traverseth the seisin which is found for him, the Tenant by the courtesy dyeth, the heir of him and his wife distrain and makes an Avowry upon the same grant, he shall not be bound by the same trial,  
Because the judgement is only to recover damages, and he claims as heir of his mother, and not as heir to the father, and avoweth by the grant, for the seisin is not material; And because that he in the reversion may fanxesie the recovery in another point which was not tried, as to say that another had title to the signiory, and not the avowant, and so the seisin void.  
In a Mortdauncestor the Tenant traverseth the seisin, the Jury find that the grandfather died seized, and that afterwards the father of the demandant dies before that any stranger enters, and afterdies , and the Tenant abates, this is good proof of seisin, but yet it shall not serve, but this trial shall bind the demandant, &c.  
Because the Stat. speaks of an actual seisin, and this is a seisin in Law.  
Lord mesne and tenant, the Tenant traverseth the seisin in an avowry against the mesne which is tried for him, and afterward forejudgeth the mesne, there the Lord may distrain and make avowry, and shall not be bound by the said trial,  
Because he avoweth for his signiory, and he is not heir to the mesne.  
A woman seignioress, mesne and tenant, the mesne is bound to acquittal, she takes a husband, the tenant releaseth to the woman, and his heirs acquit, the husband and wife have issue, the wife dies, the tenant brings a Writ of mesne against the husband, contrary to his acquittal by prescript. in the wife and her ancestors, the husband traverseth the seisin which is found against him, and he dies, the heir shall not be bound by this trial in another Writ of mesne,  
Because he hath a release to plead, and hath the menalty, as heir to his mother, and not as heir of his father, and may falsify, ut supra: And this action is not to recover Land, Tenements, nor Hereditaments, but goeth by way of discharge.  
Tenant for life, the reversion to another in fee is impleaded by a praecipe, &c. and traverseth the seisin which is found against him upon a faint title by covin, and the demandant recovers, the Tenant for life surrenders, he in the reversion shall be bound by this trial, viz. during the life of the Tenant which surrenders, and not afterwards, notwithstanding the Statute of 32. of Recoveries by covin, as where Tenant for life grants a rent, and surrenders, &c. And Nota that he in the reversion may falsify in a title in another point, which was not tried, but he which may have an attaint, cannot falsify in the same point, which was tried, and he in the reversion may have an attaint and error by the Statute of R. 2. and this recovery is as a purchase.  
A signory is given to two, and to the airs of one, he which hath the fee dies, he which survives distrains, and makes an avowry, the tenant traverseth the seisin which is found for him, the Defendant dies, and the heir of the other distrains and makes an avowry upon the same seisin, he shall not be bound by the first trial,  
Because the first judgement is not to be barred of the signiory, but only to recover damages, and also he is not heir to him which was party to the trial, but to another which had the fee, yet he had a reversion at the time, &c. And he in the reversion, and those which may have error or attaint are bound by the common Law, and shall not falsify the point which was tried by verdict, contrary in other points, and contrary of them which cannot have error nor attaint; note the difference by many books, and by the Statute of 9 R. 2. c. 3.  
A feme Covert brought a Writ of ail after Ascens. &c. the tenant traverseth the seisin which is found for him, and after the husband and wife die, and the heir brings a Writ of cozenage, he shall be bound by this trial,  
Because albeit the bar be at liberty, yet it is contrary of the wife.  
An Infant brings a precipe by Attourny, as a man of full age, the tenant said that he is an infant, judgement if he shall be by attorney, and yet the Court admits him by attorney, the tenant traverseth the seisin which is found for him, the demandant and his heirs shall be bound by this trial for ever,  
Because this is not error, and an infant is not excepted in the Statute.  
Lord and tenant, the tenant is disseised, the Lord brings a Writ of customs and services against the desseisor, who traverseth the seisin, which is found against the Lord, the desseisee reenters, the Lord distrains him & makes an avowry upon the first seisin, the disseise shall have advantage to bar him by the first trial,  
Because he made plead, per que estate, and bind the Lord, because the judgement was given against the Lord, and so he barred.  
A man seized in right of his wife, makea feoffment in fee, the husband dies, the feoffee is impleaded and traverseth the seisin which is found for him, the wife brings a cui in vita, and recovers, the demandant in the first precipe, brings another precipe against the woman, she shall have advantage of the first trial,  
Because the demandant was once barred, and so his right extinguished.  
A man makes a feoffment in fee upon condition the feoffee is impleaded after ascension, &c. and traverseth the seisin which is found for him, the feoffor enters after the condition broken, the demandant brings a new Writ against him, the feoffor shall have advantage of the first trial, for the reason aforesaid.  
Avowry by the Lord upon the tenant for x. s. rent, and allegeth seisin within 50. years, the plaintiff allegeth a confirmation by the deed of the father of the Lord 60. years past, tenend.. by iiii. d. for all rents, and services, besides fealty, this is a good bar notwithstanding this Statute.  
Because the Statute saith only, that a man shall not have a writ, nor makea prescription, title, nor claim beyond that limitation, but it doth not speak of bars in defence of possession, and therefore it seemeth that the eldest bar shall be tried by the intention of that Statute, because the words of the preamble are, that the eldest seisin shall not be disturbed.  
Avowry for Rent upon this limitation, the plaintiff pleads a Release of all actions made 51. years past by the Avowant to the plaintiff, this is a good Plea, and shall be tried notwithstanding this Statute, Tit. bar. in Fitz. 8. H. 6.10. & 27  
E. 3. ibid. that it is a good bar.  
Lord and tenant of 3. Acres of Land by fealty, and two shillings, the Lord distrains in the Acre, and avoweth for xii. d. the plaintiff saith that 60. years past he leased the other Acre to the Lord for 60. years, which are yet enduring, judgement, if he shall avow for any thing in the other Acre during the term; this is a good Plea, and shall be tried, notwithstanding that it be out of the limitation,  
Because a suspension of part, is a suspension of all, contrary, of an extinguishmentof part, because there may be an apportionment in that case.  
A Mortdancester of a seisin within 50. years, the tenant said that the demandant himself leased for term of life to him 52. years past by his deed, &c. judgement, &c. and this is a good bar, and shall be tried notwithstanding the Statute, &c. and this notwithstanding that it was in the life of the ancestor, and without answering to the dying seized.  
Because the Writ and Declaration is but a supposal, and the bar is matter in fait.  
A fine is levied of land, which is ancient demeane, and after I. H. brings a Writ of right close in the Court of ancient demesne, and recovers the land upon issue, upon the seisin against the tenant in tail, which dyeth, his issue shall be bound by this trial,  
Because it is not void but voidable, because it is impleadable there by a part right patent, and it is but one writ brought for another.  
An assize, the tenant saith, that the great Grandfather of this plaintiff, enfeoffed W.N. who enfeoffed the tenant 32. years past judgement, &c. this bar shall be tried, notwithstanding this Statute, and notwithstanding that the plaintiff had died.  
Because that this matter in faith, and the writ and plaint is but a supposal.  
Cessavit supposing the tenure by fealty, and two shillings rent, the tenant said that J.M. whose estate the demandant had in the signiory after the ancient limitation, and before the Stat, of Westm. 2. enfeoffed the prior of D. to hold in frankaliens, to hold by all services by the deed, which he showed, &c. whose estate he had in the land to hold quite for all services, judgement, &c. this is a good bar, notwithstanding the seisin afterwards, and shall be tried, notwithstanding the Statute 31. E. 3. Fitz, Cessavit. 22.  
Avowry for suit of Court to every two Courts, and at the third to go free, and alleged seisin, the plaintiff said that he and two others held jointly 3. acres of land of the defendant, by suit of Court, unde, &c. & 60. years past the defendant brought a Cessavit against them, and he, & another after, and the third made a default, after default, wherefore the defendant reiceived a third part, & had execution in severalty, judgement, &c. this is a good ba●…, and it shall be tried, notwithstanding, thatthis is out of the limitation,  
Because the Lord cannot take the suit, and be contrary to the suit.  
Assize of lands in D. they are at issue upon the seisin, the assisse find for the plaintiff, and thereby he recovereth, the tenant dieth, and his heir brings a precipe against the plaintiff in the assize of land in D. the plaintiff in the assize pleads the first recovery of the same lands in D. and averreth that all is one and the same land, the demandant shall not be bound by the first trial. 14. E. 3. p. 9  
A man recovers in a precipe in the Common pleas land in the Cinque-ports upon issue upon the seisin, the tenant dyeth, his heir brings an action in the Cinque-ports of the same land, he shall be bound by the first trial, 9 H. 7.12. In the County Palatine a Commission in air issued, and after another Commission in air issued, who repealed the first, and I.N. recovered land upon issue, upon the seisin before the first Commissioners, the tenant dies, his heir shall be bound by this seisin in an action brought before the last Commissioners,  
Because the first Commission is notdetermined before Proclamation or notice given to the first Commissioners, 34. E. 3. p. 1.  
A man recovers in banco, land which is in Lancaster upon issue upon the seisin, the tenant which lost, brought another action against the demandant at Lancaster, he shall not be bound by the first trial. 9 H. 7.12.  
Because it was coram non judice, & breve Rs. non currit.  
A man leaseth for life, a man brings a precipe quod red. of Rent against the tenant for life by covin, and recovers upon issue upon the seisin, the tenant for life dyeth, he in the reversion shall not be bound by this trial,  
Because a faint recovery shall be avoided by the Statute of 32. H. 8. and by this Statute the party and his heirs shall be bound, and he it the reversion is not heir.  
A Cessavit by tenant in tail, they are at issue upon trial of the seisin, which is found for the tenant, who hath judgement, the demandant dyeth, his issue shall not be barred by this trial to make an avowry, or to have another Cessavit afterwards,  
Because this is none of the actions which is spoken of in the Statute, and also the judgement is, that he shall be barred of the land, and not of the signiory, and upon a new Cessavit the heir may aver a Cesser, and the issue was upon a Cesser in the signory, and the Statute speaks of a seisin of the thing demanded, which is the land, and not the signiory.  
Dowry, they are at issue that the husband was never seized, which is found against the demandant, by which she is barred, her son and heir of her and her husband brings a Mortdancester against the same tenant, he shall not be barred by the first trial,  
Because the first judgement was only of dowry, and not of title, and the heir claims as heir, and not as heir to the mother.  
Lord mesne and tenant, the tenant holds by fealty and sixpence, and the mesne by homage, fealty, escuage, andtwelve pence, the mesne makes an avowry upon the tenant for fealty & sixpence, and allegeth seisin of the fealty and rent in his father, which is found and tried against him, and judgement given by this trial, the Lord may distrain the tenant, and make avowry for homage, fealty, and 12 d.  
Because the Statute saith, that by the trial, the mesne and his heirs shall be barred of all avowries and claims, therefore the menalty is gone, and the tenant shall hold of the Lord, which is his own act, as a Release, Foreiudger, and the like, and claim extends to all interests; tamen quere, because it seemeth that he shall not be barred, but only in the action in which the trial is.  
Lord and tenant, the Lord avoweth, the plaintiff traverseth the seisin which is found for him, and he hath judgement, and recovers damages, the Lord cannot bring a precipe quod reddat of the same rent against the plaintiff,  
Because the Statute saith, that that shall be a bar of all avowries andclaimes after, yet it seemeth that the the law is contrary, and that he shall be barred only in his action.  
Juris utrum passeth against the person upon the trial of a seisin, his successor shall be barred by this trial,  
Because within the equity of the Statute.   

The seventh Lecture.  
What Infants, Feme Coverts, and the like, shall have actions, and shall be aided by this Statute, &c.  
TWo joint-tenants have cause of a Writ of entry upon the ancient limitation, tempore statuti, whereas one was imprisoned tempore statuti, and after he which was imprisoned dieth, the other shall not have an action within six months upon the ancient limitation, notwithstanding this Statute,  
Because the ancient limitation was expired at ascension 1546. and he which survived was not imprisoned, and he is not heir to the other, and so not aided.  
Two parceners, of which one was a seem Covert before the Statute, had cause of action of two acres of land upon the ancient limitation tempore statuti, he which was not covert dyeth without issue, the other shall not have an action upon the ancient limitation within the six years to recover the two acres,  
Because she was to have but a moiety, and the other moiety was bound in her sister by her larches, because she and her heirs were bound, by reason that she was not covert.  
A man which had cause of action upon the ancient limitation, had issue, two sons, and dyeth before the statute, the eldest is professed in France at the time of the statute, and the youngest is within age at the time of the Statute, and after the eldest is deraigned and cometh back out of France, there the youngest which cometh at full age, nor the eldest shall not have an action with the six years upon the ancient limitation,  
Because the Statute doth not provide for those which were beyond sea, unless they had cause of action at thetime of the Statute, and a man in Religion had not cause of action at the time of the Statute, and the youngest cannot have it, because yet he is not heir.  
A feme covert had cause of action upon the ancient limitation at the time of the Statute, and after is divorced, after ascension, 1546. and doth not commence action within the six years, but the husband brings an appeal within the six years, which depends 18. years, and afterwards the divorce is Repealed, the husband dyeth, the wife shall have an action upon the ancient limitation within other six years,  
Because while the appeal is depending, the Espousals shall not be determined.  
A man imprisoned at the time of the Statute, had cause of action upon the ancient limitation, and after ascension, 1546. he goeth at large, and going to West▪ for to purchase his Writ, is freshly arrested, and imprisoned by 7. years, and afterwards is enlarged, he shall not have an action upon the ancient limitat. within the 6. years after his enlargement,  
Because the 6. years shall be accounted from his first enlargement.  
A feme covert at the time of the Statute had cause of action upon the ancient limitation, and after ascension 1546. after her a divorce is had, and the husband brings an appeal, which continued 8. years, and is nonsuited in his appeal, the wife shall have an action upon the ancient limitation within the six years after the nonsute,  
Because that depending, the appeal it is taken in the spiritual Law, that the Espousals are not discharged,  
A Daughter within age, at the time of the Statute had cause of action, Auncestral to 4. Acres of Land upon the ancient limitation, and within one month after the Parliament another Daughter is borne, they shall not recover the four Acres by an action after taken within the six years upon the ancient limitation, notwithstanding this proviso of the Stat.  
A man of non sane memory at the time of the Statute, or an idiot, had cause of action, Tempore Statuti, and dyeth after ascension 1546. his heir shall never have an action,  
Because he is not aided by the Statute, and the ancient limitation is expired.  
A man which had cause of action upon the ancient limitation at the time of the Statute is excommunicated, and brought his action before ascension 1546. & is disabled by the excommunication, and after ascension 1546. is absolved, he shall well have his action upon the ancient limitation,  
Because the ancient Writ shall serve him, because that shall not abate, but shall delay the plea, and shall be revived by Resummons, and it was taken before ascension, &c. and therefore well.  
A man which was an infant at the time of the Statute, and then having cause of action upon the ancient limitation, brought his action upon the ancient limitation, after ascension 1546. and within the six years and is nonsuited, or his Writ abateth by the plea of the tenant, and he brings another action within the six years, he may declare upon the ancient limitation,  
Because the Statute warrants all thatwhich is within the six years.  
A feme Covert at the time of the Statute, had cause of action Auncestrall, upon the ancient limitation, and after ascension 1546. she and her husband brought an action upon the ancient limitation within a year then following, &c. they shall not have an action, notwithstanding this proviso of the Statute,  
Because the wife is aided within the six years, after discontinuance, but not the husband and wife, after ascension 1546. the coverture containing, because the ancient limitation is expired.  
A daughter within age at the time of the Statute, had cause of a Writ of Ayle, and after a son is borne, and enters, and dyeth without issue, the first Abator continueth his seisin, the daughter shall not have an action against the Abator upon the ancient limitation within the six years, &c.  
Because by the entry of the son, the ancient action is determined, & she may have an action upon the new limitation as heir to the son.  
A man which had cause of action uponthe ancient limitation at the time of the Statute, dies within two days after the Statute, his heir within age, who comes to full age after Ascension, 1546▪ he shall not have an action upon the ancient limitation within the 6. years,  
Because his father was not an Infant, nor imprisoned, nor beyond sea at the time of the Statute, and so he is not aided.  
A man which was beyond sea at the time of the making of the Statute, had cause of action upon the ancient limitation, and makes an attorney after Ascension, 1546. who brought an action in the name of his Master upon the ancient limitation in absence of his Master, the action doth not lie upon the ancient limitation,  
Because it is not given but within six years after his return, and not after Ascension, &c. and in his absence, and now the ancient limitation is expired.  
A man which had cause of action upon the ancient limitation at the time to the Statute, dyeth the next day after the Statute, his daughter and heir beingfeme covert, the husband dies after Ascension, 1546. she shall not have an action within the 6. years upon the ancient limitation,  
Because she had not cause of action at the time of the Statute, and her father was neither an infant, imprisoned, nor beyond the sea at the time of the Statute, and so he is not aided.  
A man which had cause of action upon the ancient limitation at the time of the Statute, dyeth one day after the Statute, his son beyond sea, who returns after Ascension, 1546. the said son shall not have an action within the six years, upon the ancient limitation,  
Because he had not cause of action at the time of the Statute, and his father was not privileged as an infant, and the like, at the time, &c.  
Dean and Chapter have cause of action upon the ancient limitation at the time of the Statute, the Dean within age at the time, &c. The Dean and Chapter after Ascension, 1546. shall not have an action within the six years upon the ancient limitation,  
Because Infancy shall not serve in his capacity.  
An Infant which had cause of action upon the ancient limitation, takes a lease for three years, which continueth tempore statuti, he within age, and after ascension 1546. he comes to full age, the term expires, he shall not have an action upon't he ancient limitation, within the six years,  
Because he had not cause of action at the time of the statute, for it was not suspended.  
A woman is disseised of a Rent charge 40. years before the Statute, by the Tenant of the land, the tenant makes a lease of the land to the woman for years, she takes a husband, the Statute is made, and after the term expires, and the husband dies after ascension 1546. she shall not have an action upon the ancient limitation within the six years,  
Because it was suspended at the time of the Statute, and therefore no cause of action at the time, &c.  
Baron and feme have cause of action to xx. acres of land in the wives right upon the ancient limitation, the husbandis imprisoned at the time of the Statute, the husband and wife shall not have an action within the six years upon the ancient limitation,  
Because the wife by whom the action accrueth was not imprisoned at the time, and she by the coverture is not aided by the Statute during the life of her husband. For the Statute speaks of six years after discoverture, and the husband and wife are not one person, as to this purpose, because she shall not join in an action for the imprisonment of her husband.  
Lord and Tenant by homage, fealty, and Rent, the Tenant leaseth the land to one for term of life, the remainder to I. N. in fee, the Lord is desseised of the Rent by Tenant for life 31. years before the Statute, he in the remainder dyeth without heir, eand the Lord is beyond seas at the time of the Statute, he shall not have an action of the Rent after ascension 1546. within the six years upon the ancient limitation,  
Because the signiory was extinct by the excheat of the remainder, temporestatuti , and the signiory was in him, for a disseisin of the Rent is not a disseisin of the service, and so no cause of action tempore statuti.  
Lord and Tenant, the tenant defeceth the Lord of his rents and services, 32. years before the Statute, and after enfeoffeth the Lord, and I.N. of the Land, and maketh livery to I.N. and the Lord is imprisoned, tempore statuti, who cometh at large after Ascension, 1546. he shall have an action upon the ancient limitation within the fix years,  
Because the Livery was not made to the Lord, and the user of the action is a disclaimer.  
Two parceners which are within age at the time of the Statute, have cause of action auncestral upon the ancient limitation, one comes at full age within a month after Ascension, 1546. and the other comes at full age 8. years after, &c. they may bring their action upon the ancient limitation within 6. years after the full age of the youngest, notwithstanding that it be x. years after the full age of the eldest.  
Because that they are but one heir, and the age of the one shall stay the parcel for the other.  
A daughter within age at the time of the Statute, had cause of an Aff. of Mortdancester upon the ancient limitation, as heir of her father, and after Ascension, 1546. a son is born, and after he dyeth without issue, the daughter shall not have in action upon the ancient limitation within the 6. years,  
Because her action was once extinguished by the birth of the son.  
A Parson of a Church had cause of an assize tempore statuti of a disseisin, 32. years before, &c. and is imprisoned at the time of the Statute, and is deposed, and another put in, and afterwards the new Parson is deposed, and the first is inducted Parson again, he shall not have an assize upon the ancient limitation within the six years,  
Because that albeit that an assize may revive, as in case where a descent is had, and after the Land descends to the disseisor, &c. and outlawry, and the like, &c. yet that is upon the ancient title which remains in the plaintiff, but in this case the title was gone by the deprivation, and he is now Parson by the new presentation, and so a new title, and his first charge, lease and grant are determined.  
Alienee purchaseth land, and is disseised 33. years before the Statute, and is beyond the sea at the time of the Statute, and after the King makes him denizen, and he cometh back, he shall not have an assize upon the ancient limitation within the six years, by this proviso of the Statute,  
Because he had not cause of an assize at the time, &c. for that he was an Alien, and an Alien borne is not to enjoy an action as a subject.  
A man takes his Neife to wife, I. N. enfeoffeth the husband and wife in fee, the husband dieth, the wife enters and is ousted by the heir of her husband who is desseised by I.S. 3. years before the Statute, and the woman and the heir of the husband are beyond sea at the time of the Statute, the heir shall have an action upon the ancient limitation, within the six years, and not the wife,  
Because it is no enfranchisement by Nat. brev. for the wife shall not have dowry in that case, and therefore the heir may enter in the land purchased by his villain, and so the action to him.   

The eighth Lecture.  
What causes are sufficient causes of action vested in in such persons at the time of the Statute to have an action upon the ancient limitation within the six years, and to take advantage of the six years, and which not.  
IF the King gives land of the suppression of 27. H. 8. to I. S. in fee, which was holden by the Abbey of D. of I. S. by fealty and xx. s. Rent, I. N. distrains for the Rent, I.S. makes a rescous, 32. years pass the Statute cometh, I.N. beyond Sea, he had cause of action for the Rent by this branch of the Statute, to have advantage of the six years.  
Because the act reserves Rents and services to strangers, but otherwise it is where the King is entitled by double matter of record, as for forfeits for treason, and office found, orby office found for not doing of their duty, for in those cases, if the act of Parliament give that to the King, saving titles of estrangers, as if no such act had been made, that would not serve, because if no such act had been, the seisin of the King, by matter of Record, extinguisheth all signories, but the words of the act of the 1. suppression are [saving to all estrangers, their titles, as if the Abbe had been living, not a diver si tat.  
A man is attainted of Treason by Act of Parliament, and after the heir is restored in as high a manner, as if no such attainder had been, the Lord distrains for his Rent, and rescous is made 32. years past, the statute comes, the Lord is imprisoned, he had good cause of action for the Rent to have advantage of the 6. years.  
Because all is revived, as in the case of a condition, &c.  
A man holds of his son by 3. s. and dieth, the son enters, by which the signiory is extinct, and endoweth his mother of the third part of the land, the Statute cometh, the son beyondSea , he hath cause of action of the third part of the Rent, within the 6. years upon the ancient limitation, if he be debtor.  
34. E. 3.15. that the wife is in by the husband, and the signiory was determined by the act of the Law, and not by the act of the Lord as a purchase, & therefore she shall be attendant for the third part of the Rent.  
What causes of action shall serve those which were infants and covert, 
The eight Article of the Statute.  and the like, tempore statuti, & what not?  
A man gives land in tail, reserving Rent, & dieth, his wife is endowed of the Rent, the tenant in tail dieth without issue, the heir of the dower enters, and defeceth the wife of the Rent, 52. years before the Statute, and she is beyond sea at the time of the Statute, she hath not cause of action upon the ancient limitation, to use it within the six years, &c. 10. E. 3.  
A woman seized of certain land, takes a husband, and after the husband, enters in religion, the wife aliens in fee, & after the husband is dereigned before the stat. of desolutions, & enters, & is ousted by thealience 52. years before this Statute of limitations, and is imprisoned at the time of the Statute, he had good cause of action to use within six years upon the ancient limitation, 33. E. 3. Tit. entre.  
A man seized in fee, takes a wife, the Lord of the land grants the signiory to the wife and her husband in fee, and the husband dies, she accepts homage of the Tenant 52. years before the Statute, and is beyond Sea at the time of the Statute, she had not cause to have a writ of dowry upon the Land within the six years upon the Anncient limitation,  
Because she had accepted the signiory, & she shall not have both, 11. E. 3.  
Land is given by Fine to one for life, the remainder to one which was baptised by the name of John in fee, and after he in the remainder is confirmed by the name of William, the Tenant for life dyeth, an estranger enters 52. years before the Statute, he in the remainder is imprisoned at the time of the statute, this is not sufficient cause of action to have a Scire facias within the six years upon the ancient limitation,  
12. R. 2. contrary upon a purchase executed.  
A mardeaseth for life, and Tenant for life leaseth for another's life, upon condition, & enters for the condition broken, he in the reversion enters 32. years before this statute, the Tenant for life imprisoned, tempore statuti, he had not cause of action to enjoy the ancient limitation within the six years,  
Because a forfeiture shall not revive.  
A man who was beyond Sea at the time of the statute, and had cause of action, &c. comes to dowry, and incontinent, the King sends him back to war in France, who continueth there seven years in a fortress, and cometh back, he shall not have his action within the six years, nor otherwise.  
A man seized in right of his wife, aliens mortmain, the Lord enters, the husband dyeth 52. years before this statute, the wife is beyond sea, tempore statuti, &c. the wife had good cause of action to recover the Land within the six years of his return, upon the ancient limitation.  
The Lord disseiseth his Tenant, and makes a feoffment in fee upon condition, and reenters for the condition broken, the Tenant enters upon him, and rescoussetha distress 30. years before this Statute, the Lord is imprisoned at the time of the Statute, he had not cause of action, nor to avow for the Rent, nor signiory upon the ancient limitation within the six years of his enlargement,  
Because the Rent and signiory were extinct before and cannot be revived by the condition.  
An Alience hath issue a son, and is made denizen, and purchazeth Land, and hath issue another son, and dieth, the youngest son entreth, the eldest doth oust him 32. years before this Statute, the youngest is imprisoned at the time of the Statute, he hath good cause of action to use it within six years upon the ancient limitation,  
Because he was not inheritable before his father was Denizen, as the son of a villain borne after the enfranchisment is free, but contrary, of him which was borne before, &c.  
Grandfather and son, the Grandfather dies seized, I. H. abates, the son disseiseth him, the father dies 33. years before this Statute, I. H. hath not cause of action to use it within 6. years upon the ancient limitation,  
Because the descent of the right of the Father to the son doth remit him.  
A man leaseth land for life, the tenant for life is disseised, an ancestor collateral of the tenant for life releaseth with warrantty, and dieth without issue 32. years past, the Statute is made, the tenant for life beyond the sea, he had not cause of action to enjoy the six years by this branch of the Statute, 15. H. 7.  
Tenant in tail discontinueth, and retaketh in fee, and grants a Rent charge, and makes a feoffment upon condition, the grantee is defeced of the Rent, the tenant in tail had issue, and dieth, the heir enters for the condition broken, the grantee is imprisoned, &c. he had good cause of action for the Rent by this branch, &c.  
Because the heir is not remitted for that that he entered at full age, contrary of such an entry for a condition within age, 8. H. 7.  
Grandfather, Father, and Son, the grandfather is seized of certain land with common appurtenance, and is disseised of the Common, & brings an asseise, and is nonsuited, & enfeoffeth the father of the land with the appurt. & dieth, the father dieth52 . years before this statute, the son within age at the time of the Statute, no cause of action is to the son to have an action within the six years, 4. E. 3.  
A man made a feoffment in fee to a woman, upon condition, that if he marry her, that it shall be lawful to him to enter, and he marrieth him, and aliens, and dyeth 52. years before the statute, the wife is beyond sea at the time of the Statute, she had cause of action, by a Cui in vita, to use it within the six years, 5. E. 2.  
Because he was seized in right of his wife before, and he could not enter upon himself.   

The ninth Lecture.  
Because the Statute in the ninth Article is, That if those which were Infants Fem. Coverts and the like, die within age Covert, &c. no judgement or Determination had of such Titles, Actions or Rights, that their next heir or heirs shall have like liberty and advantage within the six years' next after the death of the ancestor, as the ancestor might have had within the six years, &c.  
It is therefore at this time to be seen, what judgements shall make a Determination of the Action in such Cases, and e contra; and what Persons shall be aided by this branch, and what not.  
A Man brought a Writ of Mortdauncestor, after ascension, 1546. upon the ancient Limitation, and within the six years, &c. because that he was an Infant, tempore statuti: the Tenant pleads darrain scisin in the demandant judgement, &c. the demandant pleads an Estoppel, which is adjudged against him in another term, by whichjudgement is given, &c. the demandant dieth, this judgement is a good determination of this action against the heir, to have such action within another six years.  
Because albeit he be not party to the Writ, and to all actions, yet he is barred as to this action, because the Heir may have a writ of coufinage or besaile, and not a writ of ail, because he is not within the degree, &c. and the writ shall say, de quo, I. H. proavus suus fuit seisitus die quo obiit, &c.  
He which was an infant, tempore statuti, brought a Formedon after ascension, &c. and within the 6. years, &c. upon the ancient limitation, & is nonsuited, & judgement is given upon that, and he dieth, his issue shall have another formedon within another 6. years upon the the ancient limitation, notwithstanding this Statute.  
Because this is no determination of the action, nor bail, but the heir shall have another Formedon, and so is the intent of the Statute, ut patet, by another clause of the Statute.  
A man which was imprisoned, tempore statuti, brings a writ of Right upon a disclaimer against his Tenant, which had disclaimed, the Tenant pleads Faux latin to the writ, by which the writ abates by judgement; the demandant dies within the 6. years, his heir shall not have another 6. years to bring his action in upon the ancient limitation.  
Because the heir shall not have droyt sur disclaimer, by the disclaimer to his father. 22. p. 6.  
He who was beyond sea at the time of the Statute, brings a writ of entry in the per, upon the ancient limitation after ascension, &c. the writ abates by judgement by the death of the Tenant, his heir entered, and the demandant dieth within the 6. years, this judgement is a good determination of this action against the heir, so that he shall not have such another action within another 6. years.  
Because he shall have that in the Per and cui, and not in the per.  
A precipe upon the ancient limitation after ascension, by a Fem. which was covert at the time of the Stat. and within 6. years the tenant pleads excommunicationin the Demandant, which is adjudged for a good plea, the demandant dieth within the 6. years, his heir shall have an action upon the ancient limitation within another 6. years, notwithstanding this judgement.  
Because it is but a demurrer of the parol, which is not peremptory.  
A woman which was covert, tempore statuti, brings a Formedon in remainder upon the ancient limitation after ascension, &c. within the six years, the tenant demands oyer of the deed of remainder, and demurreth for the not showing of it, which demurrer is adjudged against the demandant, and he dieth within the 6. years, the heir shall not have another Formedon within another 6. years.  
Because this judgement is a bar at the time of the monstration. Fitz. 19 2, 3.172 & 7 H. 6.19. and the judgement is, that the demandant shall take nothing by this writ.  
A writ of Entry in the quibus is brought by the heir against a termor, which doth nothing, and against another, which pleads non disscisivit, the termor is acquitted, and the other is found guilty, the plaintiff recovers, this is a good determination against the Termor, so that he nor his Executors shall not have an action, nor remedy, notwithstanding that he had a good Title to the term, and the plaintiff no title to the land.  
A man which was imprisoned at the time of the Statute, brings an assize after ascension, &c. and within the 6. years, upon the ancient limitation, the Tenant voucheth another Record of assize, brought by the plaintiff against him, in which he was barred, the plaintiff pleads nul. tiel Record, and a Record is certified, brought against the Demandant, and his wife, by which judgement is given against the plaintiff, who dies within the 6. years, this judgement is a good determination, so that the heir shall not have an action within other 6. years.  
Because it is a good bar, and no failure of Record.  
Heir in tail, which was within age at the time of the Statute, brought a writ of Right after ascension, &c. upon the ancient limitation, and within the 6. years. and he and the tenant joins the miseupon the mere droyt, and after the Demandant made default, by which judgement final is given, and he dies within the 6. years, there the heir shall have an Action within other 6. years, notwithstanding this judgement.  
For he shall have a formedon, because the default was the act of the father, which shall not prejudice the Issue in tail by the Statute of Westm. 2.  
A man which was beyond sea at the time of the Statute, brings a writ of right after ascension, upon the ancient limitation, and within the 6. years the Tenant tenders the half-mark for to inquire of the seisin, which is found for him, and judgement final is given, the Demandant dies within 6. years; this is not a good judgement to oust the heir, to have an action within another 6. years.  
Because he may reverse that by error, 34. E. 3. tit. judgement. Fitz. 2 E. 6. and the enquiry of the seisin was no Issue, and therefore is clear by the Statute of jeofayles.  
Tenant in tail, which was imprisoned tempore statuti, brings a writ of Nativo habendo, of a villain regardant afterAscention , &c. and within the 6. years upon the ancient limitation, the Defendant pleads Frank &c. and gives an enfranchisement by the plaintiff by deed in evidence, the jury possesseth for him, the plaintiff is barred by judgement, and dies within the 6. years; this is no determination against the heir, to have another Action within another six years.  
Because the issue was true, but now the issue in tail may confess and avoid this judgement. 12. E. 4.  
He which was imprisoned at the time of the Statute, had cause of Attaint upon the ancient limitation, and brings that within the 6. years, and after is nonsuited at the first day, and dieth; this is no determination against the heir, but that he may have an attaint within another 6. years.  
Because the nonsuit is not peremptory, but where it is taken after 32. E. 3.  
A Quere in P. the plaintiff declares, the defendant makes his bar, the plaintiff is nonsuit, this is a good determination against the plaintiff, so that he shall not have another Quere in P.  
Because the nonsuit after appearance is peremptory. 19 E. 4.  
A man that was beyond sea at the time of the Statute, brings a writ of right close after ascension, &c. and within the six years, upon the ancient limitation, in ancient demean, where the Lord had confirmed the state of the tenant before by Deed indented, to hold by lesser services, the tenant pleads a plea which is found for him, the demandant is barred by judgement, and dieth within the six years, this is a good determination of the Action for ever, so that the heir shall not have an Action within other six years.  
Because a Confirmation doth not make a Frank Fee, because no alteration of possession, contrary of a Fine or feoffment.  
Two partners, one releaseth to the other, One brought a praecipe against both, he who released made default, the other appears, and prays the view, and will not take the entire tenancy, the Demandant records the moiety of him which did not appear by default, and afteris nonsuit, and had execution of the moiety, he which lost is imprisoned at the time of the Statute, and brings an assize after ascension, &c. and within the 6. years, against him which recorded upon the ancient limitation, and dies within the six years; this judgement aforesaid is not a determination against the heir, to bring a writ of Entry in the quibus, or another Action within other 6. years. 22. E. 6.  
Because a Recovery against him who had nothing, is of no validity, &c. nor shall not bind him.  
A man which was an infant at the time of the Statute, makes a plaint of Mordauncestor without an original before the justices of assize, upon the ancient limitation after ascension, &c. and within the 6. years, the tenant pleads in bar, which is found for him, and had judgement against the plaintiff, the plaintiff dies within the 6. years, this judgement is no determination against the heir, to oust him of an Action within 6. other years.  
For it is void, and coram non judice, otherwise if the trial had been in banco.  
A man which was imprisoned at the time of the Statute, brings a Cui in vita in banco, upon the ancient limitation after ascension, &c. and within the 6. years, the tenant appears and pleads, and bars the Demandant by demur, by which judgement is given, this judgement shall be a determination against the heir, to bring another action.  
Because it is not void but error, because this court had authority; contrary of justices of assize, without a writ and patent of assize; for the others have a general commission.  
A man which was beyond sea at the time of the Statute, brings an Ass. after ascension, 1546. upon the ancient limitation, and within the 6. years which remained, &c. one of the Justices dieth, and the plaintiff is associated to the other justice, and judgement is given against the plaintiff at the next Sessions upon issue tried, and he dies within the 6. years, this is a determination against the heir for ever, so that he shall never have action within the 6. years, nor otherwise.  
Because now it is not error by reason of the Statute of jeofayles, and it may be that there were two persons notwithstanding the wards of the Record.  
He which was an Infant tempore statuti, brings a formedon after ascension, and within the 6. years after, upon the ancient limitation against tenant for life, who disclaimeth, the demandant hath judgement, and enters, and the tenant for life dieth, he in the reversion enters upon the demandant, and the demandant dies within the 6. years, this judgem. and execution thereupon, is not a determination against the heir in tail, but that he may have another action against him in the reversion, within the other six years.  
Because upon the disclaimer the judgement is no other but that the writ shall aba●e, and the demandant to enter in at his peril, which doth not bind him in the reversion; contrary of a Recovery against tenant for life, note the difference, 36. H. 6. f. 30.  
A man leaseth land for another manslife , and grants the reversion over the tenant Aff. and aliens in fee, he in the reversion is beyond sea, tempore statuti, &c. and there dies, his heir shall not have a writ of entry, ad terminum qui preteriit, within the 6. years.  
Because it doth not lie, but for the first lessor, and his heirs.  
A Parson of a parish was imprisoned tempore statuti, and brings a Imcis utrum after ascension, &c. upon the ancient limitation within the 6. years, which was adjudged against him upon a demurrer upon a plea pleaded to the writ, and he dies within the 6. years, this is no determination against the successor, but that he may have another action within the 6. years, notwithstanding that the statute speaks of heirs only.  
Because he is within the equity of the Statute.  
A Commission of Eyre issueth in the County of D. one which was an infant tempore statuti, brings an assize before them after ascension, &c. upon the ancient limitation within the 6. years, and depending that the Court of King's bench cometh into the same County, andproclaimes the peace, and after the Tenant bars the plaintiff by demur upon the title, the plaintiff dieth within the 6. years, this is no good judgement against the heir, to bring an Action within another 6. years.  
Because the judgement is void by the coming of the King's Bench, and making of Proclamation, or error at the least.  
A Stativo habendo brought by a man which was beyond sea at the time of the Statute, and after ascension, &c. and upon the ancient limitation, within the six years, the plaintiff declares, and is nonsuited, and judgement is given upon that, and the plaintiff dieth within the six years; this is a determination against the heir, so that he shall have no other action within other six years.  
Because the nonsuit is peremptory in favorem libertatis.  
He which was an infant tempore statuti, brought a Cessavit upon the ancient limitation after ascension, &c. and within the six years, the Tenant pleads false Latin to the writ, by which the writ abates by judgement upon demurrer, the demandant dieth within 6. years, this is a good determination, so that the heir shall have an Action of that within other 6 years.  
Because he shall not have a Cessavit of a Cesser in his father's time.  
A Woman which was covert at the time of the Statute, brings a praecipe in banco, upon the ancient limitation, after ascension, &c. and within six years, of land in the County Palatine of Durham, the tenant pleads a bar, the demandant demurs, and is barred by judgement, and dieth within the 6. years; this is no determination to oust the heir of an action within other 6. years.  
Because this is a void judgement, and coram non iudice: contrary in the Cinque Ports, and ancient dem.  
The husband discontinueth the right of his wife, and dies, the Feoffee ceaseth, the lord records by a Cessav, the wife beyond sea at the time of the Statute, the wife dies within the 6. years; this judgement is no determination against the heir, but that he may have another action within another 6. years.  
Because his title is before the Cesser, for albeit the Recovery in the Cessavit against the husband and wife, shall bind, yet otherwise it is, when the wife is not party.  
A praecipe by a man which was beyond sea at the time of the Statute, brought within the 6. years, the bailiffs of D. demand conusance and ousted of it by reason of failee of right, and they demand cognisance again, and traverse the failer of right, and the Demandant also, and the Tenant joineth in issue to the bailiffs, and the issue is found against the bailiffs, by which judgement is given, the demand, dieth, this judgement is a determination to the heir, so that he need not have another action within other 6. years.  
Because the tenant had lost the land, and the heir may enter if he will.   

The tenth Lecture. Of Determinations in fait.  
What matters, and what things shall be said good Determinations of Titles and Rights of Infants, Fem. Coverts and the like, at the time of the statute, so that if they die within the 6. years, their heirs shall not have advantage of another six years.  
IN. had cause of Action upon the ancient limitation against a villain, and is beyond sea, tempore statuti, and returneth, An ancestor collateral of I. N. releaseth to the villain, with warranty, the Lord of the villain enters, the ancestor collateral dies without issue, J. N. dieth within the 6. years, this is no Determinationto hinder the heir, I. N. to have an action within another 6. years.  
Because the warranty is not descended upon the possession of him to whom it was made, 22. Ass.  
He which was an Infant tempore statuti, and had cause of action to a Rent-charge upon the ancient limitation, out of Ten acres of land, enters into one acre at full age, and enfeoffeth an estrainger, and dieth within the 6. years, the Tenant reenters, the interest of the heir is gone to have an action within the other 6. years.  
Because a discharge of one acre by a tertious entry, is a discharge of all, as by a purchase of one acre, because there cannot be an apportionment, and notwithstanding, that he would enter as heir, yet if the disseisee would would not re-enter upon him, the rent shall not revive.  
A man which was an infant tempore statuti, had cause of action upon the ancient limitation for common, out of twenty acres of land, the tenant of the soil enfeoffeth the infant of the land unde, etc▪ upon condition, the infant enfeoffeth astranger , and dieth within the 6. years, the feoffer enters for the condition broken, the title of the heir is not determined.  
Because of the infancy at the time of the feoffment, and the regress of the feoffer revives all.  
He which was an Infant at the time of the Statute, had cause of action upon the ancient limitation to a Rent charge, the tenant of the soil deviseth the land to the infant for to sell, according to the custom, &c. the infant comes of full age, and sells, and dieth within the 6. years, the title of the Rent is not determined, but that his heir shall have remedy within another 6. years.  
Because the land, out of which the Rent was issuing, passed by the will of the devisor, and not by the infant which sold.  
Lord and tenant of 4. acres by four pence Rent, the Lord is disseised of the Rent by the tenant 33. years before the Statute, he being imprisoned at the time of the Statute, and afterwards releaseth to the tenant all his right in one of the acres, and had issue, and diethwithin 6. years, the interest of the heir in the rent is not determined to have an action within the other 6. years.  
Because it is but for part, as a purchase of one acre, &c.  
Lord and tenant, the tenant is disseised 60. years past, and is beyond sea at the time of the Statute, and returns, and is utlawed of felony by erroneous process, and dieth within the 6. years, the Lord enters, the heir reverseth the utlary by error, this action, nor title to the land is not determined to have remedy within 6. other years.  
Because the reversing of the utlary ab initio, reverseth the title of the land.  
A man which was imprisoned at the the of the Statute, had cause of a formedon upon the ancient limitation, upon an alienation with warranty, and dieth within the 6. years, and had assetts descended, which assetts was impaired by drowning in the time of the ancestor, the title of the heir is not determined to have an action within the other 6. years.  
Because it is not asserts the day of the writ purchased. 4 E. 3. contr. by Thiop.  
A man which had title of action upon the ancient limitation, hath issue two sons and dieth, the eldest in religion before the Statute of 31. H. 8. the youngest brings an action for the land, and loseth by false verdict, the eldest is derained, and he and the youngest are imprisoned at the time of the Statute, and the youngest dieth within the 6. years, the title of the eldest is determined to have an action or an entry within other 6. years.  
Because the youngest was barred as heir, and none may have an attaint but the heir of the youngest, and the verdict binds the title.  
A man makes a feoffment in fee, upon condition the feoffee is disseised, and imprisoned tempore statuti, the feoffer had issue a daughter, and dieth, his wife privement enseint, the daughter enters for the condition broken, the feoffee dieth within the 6. years, and a son is borne of the wife of the feoffer, the heir of the feoffee, nor the son shall not have remedy within the other 6. years.  
Because this is as a purchase to the daughter, tempore statuti.  
A man seized of two acres of land intwo villages in one County, is disseised by another, that is to say, of one acre at one time, and of another acre at another time, the disseisor of non sane memory, makes a feoffment of one acre, and is imprisoned tempore statuti, and dieth within the six years, the disseisee enters into the other acre, of which no feoffment was made in the name of both, the title of the heir of the disseisor is determined for both acres, to have remedy within six other years.  
Because the entry into one acre in the name of two, is good against the same person, contrary against two several disseisors.  
A man seized of two acres enfeoffeth one of 1. acre upon condition, & enfeoffeth another of another acre upon another condition, the first feoffee within age, enfeoffeth a stranger in that acre, & is within age at the time of the Statute, and dieth within the six years, the conditions are broken, the first feoffer enters in the other acre, in the hands of him which did not make the feoffment in name of both acres, the title of the heir of the infant is not determined by this entry.  
Because the entry upon the feoffee in name of both shall not serve against the feoffee, and therefore remedy for one acre.  
A disseisor makes a gift in tail, the reversion in fee, the tenant in tail had issue and dieth, the issue enters and dieth without issue, he in the remainder enters, the disseisee is imprisoned at the time of the Statute, within the 6. years, the title of entry of his heir is not determined to enter within six other years.  
Because by the death of tenant in tail without issue the descent is gone, and so the title of entry for the heir is revived.  
A Parson makes a Lease for life, and dieth, his successor is beyond sea at the time of the Statute, and after dieth, his successor taketh fealty of the Lessor, his title is determined to take benefit within the other six years.  
Because this acceptance is a receipt of Rent.  
A man which was imprisoned at the time of the Statute, and had cause of action, ut supra, &c. is enlarged after ascension, &c. and delivers a Release, asan Escrow to I. N. upon certain conditions to be performed, to deliver it to the terr tenant, as his Deed, and before the day, he is of non sane memory, and after the conditions are performed, and I. N. delivers the Deed and the Feoffor dies within the six years, this is a good Determination of the right, so that the heir shall not have an action within other six years.  
Because that had relation to the commandment, &c.  
A man enfeoffed I. N. upon condition that he should enfeoff a woman, and he enfeoffed the woman and her husband to them and the heirs of the wife, and after the husband discontinueth, the Statute cometh, the husband dieth, the wife dieth within the six years, the first feoffor enters, the title of the heir of the wife is determined to have remedy within the other 6. years.  
Because by the misexecuting of the state to the husband and wife, which should have been only to the wife, the condition is broken.   

The eleventh Lecture.  
For that the Statute saith, That if any person taketh any of the said Actions, Auditories, Scire facias, Prescriptions, Titles or claims, before Ascension, 1546. which abateth by the death of any party, no Judgement or Determination being had, that the party which liveth, or his heir shall have a new action, &c. within a year after such writ or suit abated, and shall have such advantages within that year, as at the common Law, and the Eighth Article within 6. years likewise.  
It is to be see●, where such persons may declare upon the Ancient Limitation, and e contra, and what advantages they shall have, and e contra.  
TWo Parcenors, Heirs in tail, bring a Formedon upon the ancient limitation, before Ascensi. 1546. one dies without Issue, after Ascension, &c. the other prayeth leave to have another writ, and brings that freshly against the first Tenant withinthe year, who pleads non tenure, the Demandant avers him Tenant the day of the first Writ, and shall have advantage to have this amercement for the land first in demand.  
Because she claims as heir of her father, and not as heir of the sister.  
Two parcenors are disseised 32. years before the statute, and brings a writ of Entre in the nature of an assize before Ascension, 1546. and one dieth without issue, after Ascension, the other prayeth leave to have another writ, and brought that freshly against the same tenant within a year, &c. for the same land, who pleads non tenure, the Demandant avers him Tenant, the day of their first writ, she shall not have advantage to have this averment.  
Because it cannot be by another's, but by the same title of the same action, and here she claims a moiety by her sister.  
Two Infants are desseised 33. years before the statute, and brought a writ of entry, in the nature of an assize before Ascension, 1546. and one dieth after ascension, &c. and the tenant also, andhis heir is in by descent, the other brings a writ of entry in the per, within the year, and the heir of the Tenant is essoined, and after had the view by attorney, and after his Attour. is essoined upon the view there at the day, the Demandant cannot declare upon the ancient Limitation, notwithstanding this Statute.  
Because the year is past, and therefore this article is little worth.  
A man brings a praecipe upon the ancient Limitation, before ascension, 1546. the tenant tenders his law of non summons, and performs that after ascension, &c. by which the Writ abates, and he brings a new within the year, by journeys, accounts, &c. he shall not have advantage to declare upon the ancient limitation.  
Because that is expired, and the Statute doth not warrant no abatement but by death.  
A man brought a praecipe upon the ancient limitation before ascension, the writ is abated by false Latin after ascension, &c. the Demandant prayeth to have another writ, and taketh it freshly byjourneys , accounts within the year, &c. the tenant pleads non-tenure, the demandant shall not have advantage to aver him tenant the day of the first writ by journeys, accounts, &c.  
Because the first writ did not abate by death, and the averment proves, that he took the writ upon the ancient title, where the ancient limitation is determined, and therefore without the case of the statute.  
A man brought a praecipe before ascension, &c. upon the ancient limitation, the writ is abated by Jointenancy after ascension, &c. the Demandant takes a new writ by journeys, accounts, &c. within the year against both, the tenant pleads Non tenure, the Demandant avers them tenants die primi brevis, he shall not have advantage of this averment.  
Because the writ doth not abate by death, and a writ by journeys, accounts, doth not lie against him which was not party to the first writ, nor by construction against his companion which was party.  
Two infants bring an assize upon the ancient limitation before ascension, & c and after Ascension, the assize abateth by death of one of the plaintiffs, the other may have another assize within the year freshly, and shall have advantage to recover the entire costs of the first suit.  
Because it is by journeys, accounts, &c.  
He which was imprisoned at the time of the statute, having cause of action, &c. and brings an action within the year, within the end of the six years, according to the statute, the tenant is essoined, and after had the view, and his attorney is essoined upon the view, there the Demandant cannot declare upon the ancient limitation, notwithstanding the eighth and ninth article of the statute.  
Because the six years are past.  
A praecipe, quod reddat, brought by one against two before ascension, &c. upon the ancient limitation, one of the tenants dies after ascension, &c. sc. termino Trin. and judgement is given, that the writ shall abate in the term of Saint Mich. next following, &c. and the demandant brings another writ, which bears teste a year and two months after the death of the tenant, and within the year of thejudgement , he shall not have advantage to declare upon the ancient limitation, 21 E. 3.  
Because the statute is (within the year after the writ abates) and it is in truth abated by the death, and the judgement shall have relation to the death, contrariwise upon another abatement; note the diversity.  
A man recovers his warranty, pro loco & tempore, in a warantia charte before ascension, &c. quia timet implacitari, and after loseth in a praecipe or assize, and after ascension brings a Scire facias, within the year, to have in value, he shall not have advantage to have in value, upon the first indictment.  
Because he ought to have vouched, or to have given notice in the first suit.  
A man brought a praecipe before ascension, &c. upon the ancient limitation, which abates after ascension, &c. by death of the tenant, and the Demandant brought another praecipe half a year within the year, the tenant casts a protection, which is allowed, and after the year, the demandant brings a Resummons, he shall not have advantage to declare upon the ancient limitation.  
Because the year is past by the protection pending.  
A man brings a praecipe upon a false limitation before ascension, &c. which abates after ascension, &c. by death of the tenant, And the demandant brings another praecipe, half a year within the year, the tenant is essoyned de servitio Rs. which is admitted, and after the expiration of that, the Demandant comes to declare, he shall not have advantage to declare the ancient limitation.  
Because the year is expired.  
Two Parceners brought a writ of ail before ascension, &c. upon the ancient limitation, and one had issue, and dieth after ascension, &c. and the other, and the issue brings a writ of Ayle within the year, &c. they shall not have advantage for to declare upon the ancient limitation.  
Because the ancestor was grandfather to one, and great grandfather to to other, and therefore could not join, and they shall not be aydedby the equality of the statute, as in Mordauncestor.  
A man brings a praecipe upon the ancient limitation, before ascension, &c. which abates by the death of the tenant after ascension, and the Demandant brings another writ within the year, and the tenant voucheth an infant within age of 19 years, by which the plea demurs, and at full age the Demandant brought a Resummons against the Vouch, the demandant shall not have advantage to declare against him, upon the ancient limitation.  
Because the year is expired.  
A man brought a praecipe upon the ancient limitation, before ascension, &c. against two tenants for life, which abated after the ascension, &c. by the death of one of the Tenants, the Demandant brings another writ within the year, the tenant is essoined, and after had the view, and after the Demand, declares, the Ten. prayeth in aid of him in the reversion, and had the aid, by reason whereof summons ad auxiliand. issueth, and the Prie is essoined, so that the year is now past, and now the Prie joineth, now the demandantshall have advantage to make his Declaration upon the ancient limitation.  
Because this is a new Declaration, as against vouch and tenant by receipt, but the Prie shall have oyer of the ancient declaration: nota differentiam.  
A praecipe by him which was beyond sea, tempore statuti, &c. upon the ancient limitation, brought within the six years, the tenant voucheth an infant of the age of 15. years, by which the Parol demurs until his age, and after the vouchee upon a Resummons enters into the warranty, the demandant shall not have advantage to declare upon the ancient limitation.  
Because the 6. years are past.  
A praecipe brought by one within years, tempore statuti, upon the ancient limitation, and they are at issue, and at the habeas corpora, or distringas juratores, the Demandant is essoined within the year, the Demandant shall have advantage to have the essoin. Fitz. tit. essoin. 20. E. 3.  
Because none can restrain him todelay himself: A man brought a precipe against two joint-tenants upon the ancient limitation before ascension, &c. which have the view; and after ascension the Writ is abated by the death of one of them; the Demandant brings another praecipe against the other within the year, and he demands the view again, the Demandant shall have advantage, to oust him of the view, but contrary is it where the Demandant is nonsuited, or discontinueth, and brings another Writ. 12. E. 3.  
A praecipe quod reddat upon the ancient limitation against J. N. and W.S. before Ascension, &c. and the Writ abates after Ascension, by the death of W. S. the Demandant brings another praecipe within the year, &c. against J. N. who said, that the land was given to his father, and to him, and to the said W. S. which is dead, and to the Heirs of his Father who died; J. N. his Heir within age, and prays his age; the Demandant demurs upon this matter, he shall have advantage to oust the Tenant of his age.  
Because the possession is by purchasenotwithstanding that the Fee be descended, 30. E. 3.  
A praecipe brought within the year upon this branch of the Statute, the Tenant voucheth within the year, the Demandant sayeth that the Tenant is outlawed, he shall have advantage by this matter to oust him of the voucher, 25. E. 3. and the same Law is it, that the vouchee is dead.  
Because that voucher is in lieu of an action, and a man outlawed shall not have an action.  
A praecipe brought by one upon this Article of the Statute against Tenant for life within a year, which made default after default, and he in the reversion, prays to be received: the Demandant saith that he entered upon the land pending the writ, the demandant shall not have advantage to oust him of the resceit 13. R. 2. And the same Law by Thorpe if the Tenant surrender, pending the Writ.  
A praecipe by one within years upon this branch of the Statute, the Tenant vouches Process continueth until the sequat. &c. The Demandant recoversagainst the tenant, and after brings a new praecipe against the same Tenant; within the year, the Tenant vouches the same Vouchee again; the Demandant, nor the Vouchee shall not have advantage to oust him of the Voucher 10. E. 3.  
For the 1. seisin continueth, because he took not execution, and therefore the first warranty remains until execution.  
A praecipe by one upon this Article of the Statute within a year, &c. against two, one makes default after default, the other takes the entire tenancy, and prays the view, the Demandant demurs, he shall have advantage to oust him of the view.  
Because by the taking of the tenancy he had taken notice, &c. And the Statute is, where a writ abates by non-tenure, misnaming of the village, &c. Quod in modo brevi non erit visus concedendus: Et quod concedatur visus, ubi visus est necessarius, &c.  
A praecipe by him which was imprisoned tempore Statuti, within six years, &c. Upon the ancient limitation, the Tenant vouches half a year before the end of the six years; the Vouchee casts a protection, and after the year of that the Demandant sues a Resummons, the Vouchee comes and enters, the Demandant shall not have advantage to declare upon the ancient limitation.  
Because the six years are past by the depending of the protection.   

The twelfth Lecture.  
Upon what Verdicts given upon actions upon this limitation; Attaint shall lie, & e contra: and who shall have that, and upon what cause, & e contra.  
A Man recovers by assize upon this limitation, and after is ousted by the defendant, and brings a Redisseisin: and the Jury finds for the defendant by false verdict, the plaintiff shall not have an Attaint.  
Because it is in a manner but an Enquest of Office.  
A man leaseth for 23. years after ascension, &c. and after ousts the termor, and enfeoffeth I. N. who continueth seized until the feoffor ousted him; the feoffee brings an assize upon this limitation against the feoffor & the term or, and both plead Nul tort: and the Jury finds that the feoffor disseised the plaintiff, and acquits the termor: the plaintiff recovers, the termor shall lose his term, and shall not have an Attaint.  
Because the pleading is a conclusion against him, to have the term, and the Jury found nothing against him.  
A man enfeoffed another upon condition without deed, and after enters for the condition broken after ascension, &c. the feoffee brought an assize, which is taken upon the point of the Asseise, the Jury found the seisin and disseisin, by which the feoffee recovers, the feoffor shall not have an Attaint.  
Because they were not bound to find the condition where it was not pleaded.  
A man brought an assize against two 32 years before ascension, &c. One pleads Nul tort, which is found againsthim to the damage of 10. li. which is excessive; and the other pleads a foreign Release, he shall have an Attaint of the first verdict, to which he was not party.  
Because he is privy to the original, and charged with the damages 39 H. 6.1. for the first jury shall tax damages.  
A Mordauncester upon this limitation, the Jury finds for the demandant 20 d. damages, where the damages are 20 li. the demandant shall not have an Attaint. And if in trespass they find damages 10 li. which is not but 10. d. the deft. shall have an Attaint; but if they find 10. s·s damages, where the damage is 10. li. the plaintiff shall not have an Attaint; quod nota differentiam, between the plaintiff and Defendant.  
Because that he which shall render the damages, if they are excessive, shall have an Attaint; but contrary of him which restraineth the damages, and they are too little. And nota that the statute Articulo. II. saith, that a man shall have an Attaint, and shallhave Judgement and Execution as heretofore, &c. which copulative refers, that he shall have it after the 30 years, or after 40 years. And by the words ascension, &c. nothing to the contrary, &c. because nothing is spoken to the contrary, but only the limitation of time, &c.  
A man recovers in an Asseise upon the ancient limitation, and had damages 10. li. which are excessive; the plaintiff releases his damages, and hath judgement, and recovers, the defendant shall not have an Attaint of the damages.  
Because he is not grieved 12. E. 4.5.  
A manor with a villain regardant is given to two, and to the heir of one, and the villain is found frank against them by an action tried falsely; he which had the fee dieth, and after the other dies, the heir of him which had the fee shall not have an Attaint.  
Because it was once survived to the other joint tenant which cannot descend to the heir of the otherafter , 13 E. 4.2. because an estranger in blood.  
An Asseise upon the new limitation; the defendant joint tenant by deed with a stranger which comes and joineth, and maintains the joint-tenancy which is found against them by false verdict the defendant dieth; the other which joined and which was party to the issue shall not have an Attaint;  
Because he is a stranger to the original, but he may have an assize.  
A Writ of Entry in the nature of an assize upon the new limitation, against two which plead the general issue; the Jury find that one made the disseisin ad damnum 20 li. and acquit the other; whereas in verity none of them made any disseisin he which is found disseisor dieth, the other shall not have an Attaint, and yet the verdict is false.  
Because he is acquitted, and so not grieved, tit. brief Fitz. 287.  
A man had issue a son, & his wife dies, he taketh another wife, and land is given to him, and to the heirs of his body upon his second wife engenderedby whom he had issue another son, & loseth by false verdict after Ascent, &c. and dieth, the heir to the entail, shall not have an attaint.  
Because that descends to the eldest son, and no mischief, because the youngest son may falsify, the recovery 21 H. 6.31.  
In a precipe the tenant voucheth; the vouchee enters and voucheth over one which enters & loseth by false verdict; the demandant had judgement and enters; no execution in value is made over against the vouchee, and after the vouchee brings an Attaint forty years after, it lieth well.  
Because forasmuch as judgement and execution is had against the tenant, he may have in value at his pleasure, and yet if no execution had been against the tenant, no Attaint shall lie. And yet it seemeth that by the judgement without the execution in an action personal, Attaint lieth contrary; in an action real Fitz. tit. Attaint 41 N. 77.  
In a Cessavit upon this new limitation brought by the Bishop of L. the tenant pleads overt to his distress, the Jury is charged therewith, and with the collusion, and the overture found against the tenant which is true, and as to the collusions that he had ceased by collusion, which is false: the demandant had judgement and enters, the Lord Parramont enters upon him for the Mortmayn; the demandant shall not have an Attaint of the collusion.  
Because that the enquiry of the collusion was but of office, and also it seemeth that the judgement is erroneous by reason of the collusion, &c. and therefore may have error, tamen videtur that notwithstanding, that the judgement be erroneous; yet if the verdict be false attaint lieth, because the other cannot compel the party to bring a Writ of error 18. E. 4.9. but it seemeth otherwise if the Court be deceived in judgement.  
A Mordancester upon the new limitation, the tenant said, that he himself is Heir to the Ancestor, and not the Demandant, and so at issue. And upon that the Tenant gives in evidence to the jury, that he was Heir by the second wife of the same Ancestor, because that the first wife by which the demandant is Heir, was divorced, the jury found the demandant, heir notwithstanding the divorce, the Tenant shall not have an Attaint.  
Because they are not bound to find the divorce, for it is a spiritual Record.   

Certain Observations out of Law-Books in Print upon this Statute.  
THE first four branches of the Statute use the word (seisin) indefinitely, 
Cook l. 4. Bevils' case f. 8. &c.  and therefore if the Statute had not gone farther, the word (seisin) should have been construed, Secundum subjectam materiam: viz. sometimes for actual seisin, and sometimes for seisin in Law.  
And therefore as to a writ of right mordancestor Ayle, assize, &c. it shall be intended of an actual seisin, and not of a seisin in Law, so that the threefirst branches are to be intended of an actual seisin.  
And the fourth branch concerning Avowries extends to seisins in law as well as to seisins in faith or actual seisins.  
But the words upon which farther doubt may arise are contained in the 6. branch of the said Statute in these words, viz. If any person or persons do at any time sue any of the said actions, &c. or make any avowry, &c. and cannot prove that some of his ancestors or predecessors were in actual possession or seisin of the said lands, tenements, &c. within the time limited, &c. if that be traversed or denied by the plaintiff demandant, &c. that after such trial, the party and his heirs shall be barred to all such Writs, actions, &c.  
Upon which said words it was objected; 
Object.  that whereas at the Common Law before this Statute, a seisin in Law was sufficient for avowries, yet now by the express words there must be an actual seisin, for that the words (actual possession or seisin) excludes a seisin in law; and the rather for thatan actual seisin is the sure badge of right.  
But it was resolved that a seisin in law was sufficient for an avowry within the intention of this Act: For the intention of the Act was only to limit a time within which, seisin aught to be had, and not to exclude any seisin which was a good seisin at the Common Law, as appeareth by the preamble of the Statute: neither did the former Statutes of limitations of Westminster 1. cap. 38. or of W. 2. cap. 2 & 46. exclude a seisin in Law, or any seisin which was a sufficient seisin at the common Law. Also whereas the three first branches extend to actual seisin only; and the 4. branch extends as well to a seisin law as to an actual seisin: And the sixth Article speaks by words disjunctive of actual possession or seisin) makes a distinction betwixt actual possession, which refers to the three first branches, and seisin which referreth to the fourth branch, for that the words subsequent are (in manner, and form aforesaid.  
It was also resolved that this Statutedoth not extend to such rent or service which by common possibility cannot happen or become due within 60 years.  
As a signiory consisting upon homage and fealty only; for that the tenant may live above 60 years after that they were made: and so of casual services, as to go to war with the Lord, and the like of a Formedon in discend, for that the tenant in tail may live 60 years after discontinuance, and albeit that the tenant in tail do die, so that the issue may bring his Formedon within the time &c. yet that altereth not the case, but that the issue may bring his Formedon in discend at any time, as it was adjudged in Fitz William's case, Dy. 278, and the same law is of homage and fealty and all other accidental services; or where there was an impossibility to have seisin within the limitation. And in this case of Bevill it was agreed f. 11. a. that a Writ Esolvert, Cessavit or Rescous are not within this statute, for that in those Writs the seisin as not traversable but the tenure; and by those writs theland is demanded, and the demandant cannot allege any seisin &c. for he cometh to them in the post. And the statute extendeth only to such writs where a seisin may be alleged, and 21 H. 6.22. that seisin shall not be alleged in those writs; for that the land is demanded by reason of the signiory, and not by reason of seisin of the land: and accordingly it is resolved, Dy. 11. Eliz. 278.  
If a man had been out of possession of land by 60 years, 
Sol. 3.  yet if his entry be not taken away, he may enter and bring any action of his own possession, because the first clause doth not bar any right; but prohibits that no person shall sue or maintain any writ of right or make any prescription etc, of the possession of his ancestor or predecessor, but only of the seisin of some of his ancestors within 60 years, which doth not inhibit, but that if his entry be lawful, and he doth enter, he may have an action of his own possession.  
And note that the 1. & 2. clauses of the statute extend only to seisin, Ancestrall, and not to a writ of right of his own seisin. And the third branch extends only to actions of his own possession, and not to entries. The fourth to Avowries, &c.  
And forasmuch as the services of homage & fealty are not within this statute, and that the seisin of rent, or other annual service is a seisin of homage, and that likewise a seisin of homage or fealty is a seisin of all services annual, or not annual: that therefoee when the tenant hath done homage or fealty that shall be a seisin of all other services: as to avowry which of right aught to be made, notwithstanding that the Lord or any by whom he claimeth have had seisin within 60 years. Co. l. 4 Bevils case.  
Nota by the opinion of the Court, that in a writ of Formedon in the reverter or remainder or a scire facias upon a fine of the like nature, the demandant need not allege in his writ, or declaration, any limitation by this statute, till within 50 years after title: because that before this statute no limitation was mentioned in such writs, nor in aFormedon in the discend, but that is to come on the part of the tenant by traverse as in an avowry not seized of the services within the limitation Dy. f. 215.  
In a replevin the defendant avowed for a rent charge reserved by deed upon a feoffment, viz. for the arrearages for 20 years; the defendant pleaded in bar, that neque the plaintiff nor his ancestors, nec aliqui alii quorum statum, the plaintiff, habuit in redditu predicto, were seized of the said Rent within 40. years past: ante predictum tempus quo &c. upon which the avowant demurred. And it was resolved that the said statute of 32. H. 8. of limitations, extendeth only to such cases where a seisin ought to have been alleged before the statute, and that was where seisin was so material that it should not be avoided: albeit the seisin were gained by encroachment, as of a rent betwixt Lord and tenant. And not in case of a Rent by reservation or grant, for there the deed is the title, and no encroachment will hurt in that case and herewith accordeth Plo. f. 94. in Wood-lands case. And the avowant in his avowryneed not allege seisin within 40 years, but that shall come on the other part, Cook l▪ 8. f. 64. Sir William Foster's case.  
The said statute of 32 doth not extend to copy-holders as to avowry or demanding of services, because the stat. is to be intended of freeholds only betwixt very Lord and very tenant.  
It was resolved in the Lord Comptons' case 10 & 11 Eliz. Rot. 583. that a Formedon in discender was out of the statute.  
It seemeth that the said statute of limitations is not only for to limit the time of writs, but to cut off and extinguish the right, for that Stamf. prerog. Reg. 42. citeth Bracton & Britton, which say that if the King had right to any lands, and had surceased his time so long that it exceeded the time of limitation, in a writ of right his highness had thereby lost his right for ever.  
The prescription which a copyholder is not in himself, or of the seisin of his ancestors but in the Lord and so outof the words of the statute; and the like law is of a prescription by the inhabitants of a town.  
The lord doth neither seize nor claim his villain, nor his issues within 100 years; so that a nativo habendo doth not lie against the issue of the villain, because of the said Stat. of 32 of limitations: whether may the lord seize or not? And it seemeth that he cannot, because it is in favorem libertatis.  
The seisin of the donee was never traversable, nor intended to be within the ancient statutes of limitations: for the Formedon was given after the making of the statute of Westminster the first 10 years, but Welsh doubted hereof, Dy. f. 278. S. 2.3.  
Cook in his Comment upon Littleton f. 114. b. saith that limitation as it is taken in law, is a certain time prescribed by statute; within the which the demandant in the action must prove himself or some of his ancestors seized. And that in ancient time, the limitation in a writ of right was from the time of H. 1. and was therefore alleged tobe tempore H. senioris. Afterwards by the Statute of Merton, the limitation was from the time of Henry the second, and by the statute of Westminster 1. the limitation was from the time of R. 1. which is the limitation that Littleton speaketh of in his book of Tenures. And from the statute of 32. H. 8. aforesaid, doth not extend to a Formedon in discend, nor to the services of Escuage, Homage, & Fealty, nor to any other service, which by common possibility may not be due within 60 years, as to cover the Lord's Hall; nor where the seisin is not traversable or issuable; nor any rent created by deed, or reserved upon a particular Estate; nor to any writ of right, of advowson, quare imp. or assize of darrain presentment; or any writ of right, of ward, or ravishment of ward, &c. but they are left as they were before the said stat. of 32.  
FINIS.