JURISDICTIONS: OR, THE LAWFUL AUTHORITY OF Courts Leet, Courts Baron, Court of Marshallseys, Court of Pypowder, and Ancient Demesne: TOGETHER WITH THE MOST NECESSARY Learning of Tenors, and all their Incidents, of Essoynes, Imparlance, View; of all manner of Plead, of Contracts, of the nature of all sorts of Actions, of Maintenance; of divers other things, very profitable for all Students of Inns of Court and Chancery: And a most perfect Directory for all Stewards of any the said Courts. Heretofore writ in French by the methodically learned, JOHN KITCHEN of Grays-Inne, Esq And now most exactly rendered to more ample advantage in the English tongue; with a demonstrative Table, pointing out all matter of consequence, throughout the whole Work. Whereunto is added the authentic forms of all manner of Writs, with their several returns in English, very useful for all men in this Commonwealth, as they be now used. LONDON, Printed by T: Roycroft, for M: Walbancke at Grays-Inne Gate, and H: Twyford, in Vine Court in the Middle Temple, 1651. TO The Students of the Inns of COURT, AND CHANCERY: JOHN KITCHEN wisheth happiness. TO the end no failer in the administration of Laws, from which the Commonwealth receives its establishment, may through ignorance be admitted, as much as my abilities have prompted me unto, for direction of such as keep Courts, I have here preferred at once, both to profit and censure, both which I shall as justly expect, as that I am confident, my endeavours are neither fruitless nor free from Errings; having neither been industriously idle, nor blessed with infallibility; yet such as they are, I most seriously wish them to your advantage, who are many of you employed in the keeping of Court Leets, Court Barons, and other Courts, and Jurisdictions. And therefore I have here in this Book collected all such cases out of our Books of Law, under such general heads and notions, which are upon any occasion to be discussed, so that those, who either have not the said Books at large, or have them, and yet want time to peruse them, may here for sweatlesse labour receive satisfaction in exchange, whereupon I have fixed my hopes, that ignorance the natural Mother of Error (which hath so much fostered itself, in those employments, into which many Ignaro's have thrust themselves, with ignorance and confidence of equal size) will lose its no-being in Judicial performances; and that the knowledge of the Law in this kind, may prove impulsive to the Love of Justice, which is always the less regarded, by how much, Ignorance is her Enemy, Ignoti nulla Cupido. For desire and nothing are the same, where the understanding is not felicitated with apprehension; which here I teach as far as it is essential for any man, Quatenus, he is a Steward of Courts, in which duty I wish him Jurisprudentiall for his own Honour, and the Public benefit, desiring nothing in requital but your kind accepctance. From GRAY'S INN. THE PREAMBLE. FIRST, before I writ of the Order of Courts Leets, Courts Barons, you ought to consider for what cause the King was ordained of God. Secondly, For what cause the Law was ordained. Thirdly, How ancient these Courts are, and for what causes and matters they were ordained; and also how necessary it is, that the Law be duly and truly administered in these Courts. And first, Fortescue, leaf the 30. saith, As a natural body cannot be without a head, so a Realm cannot be governed without a head, which is the King: And there he further saith, That whensoever of many, one is constituted amongst them, one shall be Governor, and the rest shall be governed. Britton, leaf the 1. saith, The King is ordained of God, that the Peace be kept; the which cannot be well without Law. And Fortescue also saith, All power is of our Lord God. Bracton saith also, That the King is God's Vicar upon Earth, to separate right from wrong, Justice from Injustice, that all which are Subjects to him should live honestly, and none should hurt another; but that to every man which is his own by a rightful contribution should be given; for he is called King by well Governing. Stamford, leaf the first, saith, The King is the preserver, nourisher, and Defender of all his people, and that by his great travel, study, and labour, his people only enjoy their lives, Lands, and Goods: But all those which they have in peace and tranquillity, and that by the Law. And as the body of a man cannot live without the head, but will fall down unto the ground; so the Commonwealth cannot be governed without a head, which is the King. Also Seneca saith, Where there is not a Governor, there the people will be confounded, Prov. Chap. 11. Where there is not a Governor, the people go to ruin, Rom. chap. 13. There is no power but of God; and which are the true Powers, are ordained of God. The Person of the King, and the Queen his Wife. By the Commentaries, leaf the 45. By the 7. of Edw. 2.34. The King is a Corporation. See 1 H. 7. leaf 10.21 Edw. 4. Title Age, it is no Plea that the King is within Age, 1 Edw. 6. title 373. the King shall have his Age as Duke of Lancaster, and not as King, by the Commentaries, leaf 213. See Stamford 10. If the King grant a Lordship to one in Fee, the Grantee shall not have his Prerogative, but if he grant that for life to the Queen and Prince, that remaineth in the King; and for that the Queen and Prince shall have Prerogative; and though that the Queen is a person exempt from the King, and may sue and be sued in her own name; yet that which she hath is the Kings, 1 H. 7. leaf 29. where a Reversion was to the Queen; Aid shall be of the King by Townsend, and by some of both the Benches. Stamford, 75. Petition shall be to the King himself only, and not to the Queen or Prince. 3. H. 7. leaf 14. The Queen is as a common person, and as a Woman alone, to let for life, and to make personal things. 11. H. 7. leaf 7. The King letteth to the Queen for life, and she leaseth at will: In Trespass against the Tenant at will, he shall not have aid of the King, for he is a stranger to the Patent of the King, 7. H. 7. leaf, 17. 18. Edw. 3. leaf the first, Philip, the Queen, brought a Quare impedit, and held that the Queen may bring a Writ in her own Name, and shall find no pledges, and for that it shall not be in the Writ, Vnde, etc. 20 Edw. 4. leaf 1. Fitzherbert, 101. 21. Of the Book of Assizes, 13. the said Philip brought Deceit of a Fine levied by Tenants in ancient Demesne at the Common Law. 19 Edw. 4. leaf 2. J. B. granteth to the Queen, the next Advowson of the Church of Dale, and she alone of that bringeth her Quare Impedit. 49. Edw. 3. leaf 4. The King may give to the Queen for her life, and she may have an action alone, and so cannot another married Wife. The Law. And for that, that it is necessary and expedient to show for what causes the Laws were ordained, Fortescue, leaf 31. saith, That as by Senews the compact of the body is knit together, so by Law (which of binding is so called) this mystical body is bound together, and kept in one: And Plowden, leaf 9 b. saith, The Law is appointed to the King to govern his people, and that by three Laws, that is to say, General Law, Customs, and Statutes: In Matth. chap. 22. it is written, That Christ sent forth his Servants that they should call to the Wedding; that is to say, He sent his Prophets and Preachers, and they would not come; and there it is said, That he again sent out other Servants, saying, Go and invite, and that is intended our Law, which commands, constrains, and bridles us to come to God, and to fear and obey, God and the King, and to keep us in Peace, and to make that every one may hold in peace and tranquillity, his Goods, Lands, and lives, and all that we have. Heraclites saith, That without Laws, by no means a City can be in safety, but without Walls it may: And Fortescue, leaf 10. saith, That thou mayst fear God, the Laws call thee, and in leaf 11. That humane Laws are no other than Rules, by which Justice is taught. The Prophet David saith, Where there is no Order, there everlasting horror doth dwell; and without Law there can be no Order; See Saint German, leaf 7. saying, Law is ordained for the salvation of the Soul, and for to fulfil the Laws of God, and to draw the people to fly evil and to do good; And see in the Doctor and Student, leaf 8. the six grounds of the Law. First, Our Law is grounded upon common reason. Secondly, Upon the Law of God. Thirdly, Upon divers general Customs. Fourthly, Upon divers Maxims. Fifthly, Upon divers particular Customs. And sixthly, Upon divers Statutes: And for that the Law is more necessary for Government. Bracton saith, The Law maketh the King; let the King therefore attribute unto the Law, that which the Law hath given unto him; that is to say, Dominion and Power; he is not truly King, where will doth rule and not Law. And Fortescue, fol. 8. saith, The Law is a sanctified holiness, commanding holy things, and forbidding the contrary; and likewise, fol. 9 saith, That Laws made by man, which to this doth receive power of God, and they are likewise constituted by God. Plowden, fol. 55. b. As Subjects of the King are borne and inherit Lands, so to inherit Laws; so that Laws being the Inheritance of the People, the Stewards cannot by Letters, or otherwise, gainsay nor take from the Tenants the Law. By the Commentaries, fol. 229. Saxon Law was, that the eldest Son should inherit; and Britons Law was gavelkind, as in Kent and North-wales. By the Commentaries, fol. 18. Words of Law may be broken for necessity, as in the case of Revenger, 14. H. 7.29. 7. H. 7. fol. 7. If a Prisoner be in Famine, and hath not sustenance, if he break Prison, it seemeth not to be Felony; for the Law of God was ordained to call us, and if we will not come, than our Law, to bridle us sharply to come to God; and our Law hath regard to necessity and charity; and for that, 20. H. 7. fol. 2. where a married Wife is thrown, or struck with a Horse, or is in sickness, one may assist her, and give her meat and drink. 20. H. 7. One administers about a burial, that is no Administration, for it is a work of charity. Doctor and Student, fol. 4. Beasts have certain rule given to them by nature, necessary for their being, but the Law of Nature and Reason moveth a man to good, and is written in the heart of every man, to move him what is good to be done, and what is to be avoided. The Law of God is given by Revelation, and light of understanding, and there the Law of God ordains man to eternal life, and is Law to the happiness of this life; and this Law is to do as you would be done unto, and this Law will that Justice be done to every man, and that no wrong be done. Doctor and Student, fol. 2. There are four manner of Laws, that is to say, The eternal Law of nature, and Reason, the Law of God, and the Law of Man. By Marlebridge, Chap. 1. it is enacted, That as well the greatest as the smallest, should have and receive Justice in the King's Court, and that none of another, revenges or destructions should make by his will, without consideration of the King's Court. Westminster the 1. Chap. 1. Common Right should be made to all, as well to Poor as to Rich, without regard of any: See Stamford, fol. 56. of Justice. 2 Edw. 3. cap. 9 No command, either by the great Seal, or Privy Seal, to disturb or delay common right. And for so much, the Justices should not forbear to do right in any point. 18 Edw. 3. The Statute of the Oath of the Judges, is, If any Letters to the Justices come contrary to the Law, that you shall do nothing for such Letters, but certify the King of it, and resolve before to execute the Law, notwithstanding those Letters. And to conclude of these matters, You ought to consider, that God created Man, only to serve him, and created all other creatures in the World, for the service and use of Man; as the Prophet saith, Thou hast subjected all things under his feet, all Sheep and Oxen, and likewise the Beasts of the Field, Birds of the Air, and Fishes of the Sea, which walk through the paths of the Sea; so that all was made for the use of Man, and yet without Law a man cannot enjoy that; and God being mindful of Man, to serve him as the Prophet saith, What is Man that thou art mindful of him, or the Son of Man, that thou hast regard unto him: And for that God hath ordained Kings to govern, and to keep men in obedience, to serve and obey God, the King, and his Laws, for to disobey is detestable: And Paul to the Romans, Chap. 13. saith, Every soul is subject to the higher powers, for there is no power but of God, which powers verily are ordained by God; so that whosoever resisteth that power doth resist the Ordinance of God: And Peter, Chap. 2. saith, Be subject to every humane Creature, for the Lord, and to the King as Saperiour. And then for that, that the King is ordained of God, to make his people to serve God, and to keep his people in obedience: If you disobey the King, you break that which is commanded contrary in the Scriptures, and so you disobey God: And you see that if God had not been mindful of us, and had not created and ordained the King to govern us (being of frail nature) and that by Laws to bridle our frail nature, none could enjoy his Lands, Goods, nor his life in safety: And for that, that the Law is so necessary. Now let us see when, and how, these Courts Leets, and Court Barons began. Fineux, The beginning of these Courts Leets ordained. 12. H. 7. fol. 18. saith, That at the beginning all the administration of Justice was in the Crown, and where the King was, there was the Law administered: Then afterward, for the multiplicity of the people, was the Court Leet for punishment of offences, and annoyances to the Commonwealth within the Precinct of that, and the Articles and pains are ordained to that end, and it is called, The view of frank pledge, for that the King there may be certified by the view of the Steward, how many people are within every Leet; and also to have account and view by the Steward, of their good government and manners in every Leet: And also the Leet was ordained to have every person, of the age of twelve years, which had remained there by a year and a day, to be sworn to be faithful and loyal to the King; and also for that, that the people there might be kept in peace and obedience, these Courts Leets were ordained. And Court-Barons were ordained to determine Injuries, Court-barons ordained. Trespasses, Debts, and other actions, as afterwards it appeareth, where the debt or the damages are under forty shillings: And also for that, that the Lords of the Manors and Court-Barons, have given their Tenants their Lands and Tenements, before the Statute of Westm. the third, to hold of them, for that also Homagers of Court ought to inquire in this Court, that their Lords shall not lose their Services, Customs, nor duties. And also it was ordained to make their Suits there, and so to show them obedient to their Lords, and that nothing be made within the Manor, to be an annoyance or hurtful to the Inheritances of the Lords of the Manors, which should not there be inquired of, and presented for the Lords of the Manors, as afterward. by the Articles more plainly appears. And so now you see here briefly, that the Realm cannot be governed without a King; and that the King for that cause is appointed of God, and that the King govern by the Law, Roy Ley. and cannot govern his people without Law; and also you have heard, how ancient and how necessary these two Courts are for governance of the People. And now for that these Courts are held within Manors, and that a Courtbaron is incident to a Manor; It is fit to know how Manors did begin, and within what Manors Court-Barons are held, and in what not. Parkins, fol. 127. saith, That the beginning of Manors was when the King gave a thousand Acres of Land, or a greater or lesser parcel to one and his heirs, to hold of him and his heirs: and before the St. of Quia emptores terrarum (because buyers of Land) one seized of Lands did infeoff one of ten Acres, another of twelve Acres, and the third of twenty Acres, every one of them to make service unto him; and so by continuance of time out of mind, etc. he had a Manor. Also in the 33. year of H. 8. Comprise, etc. 31. Blow. fol. 169. a. A man cannot make a Manor at this day, for notwithstanding, that a gift in tail be made to divers, to hold of the giver by Services and Suit of Court, though by that there be a tenure, yet it cannot make a Court, for that cannot be but by Prescription: And if a Manor be, and all the Freeholders but one Escheat, Manors cannot be without Court Baron. or if the Lord purchase them, it is no Manor; and there cannot be a Courtbaron without Suitors, and not with one Suitor only, 35. H. 8. Tenors, 102. 23. H. 8. Courtbaron, 22. Suit, 17. Fitzherbert, 3. C. If one hold of another, as of a Signiory Engross, which is not a Manor, he hath no Court Baron. Fitzherbert, 8. b. Where a man giveth all his Land in Tail, there is a Signiory Engross, and he shall have no Court; but if he were seized of a Manor, and give parcel of the Demesnes in tail, it is otherwise. 22. H. 6. Title 2. Services is parcel of a Manor, but not the Land of the Manor, unless it be Copyhold, for if a man hath a Manor in the County of Westmoreland, and one holdeth Land of that Manor, which Land is in the County of DERBY, he shall demand that Manor in the Counties of WESTMORELAND, and DERBY. 18. of the Book of Assizes, 3. If a man seized of a Manor, do alien four Acres in fee, this is separated, and no part of the Manor; but if the Husband seized of a Manor in right of his Wife: alien four Acres for life, and afterwards grant the Reversion of that in fee to P. and afterwards P. purchase the whole Manor, to which the Husband and Wife levy a Fine, Sur connusance de Droit. upon acknowledgement of Right, as that which he had of their gift. The Fine extendeth to the four Acres which were severed, for they were parcel in reversion, as of the Manor. And in the 36. H. 8.4. Two Coparceners make partition of a Manor, so that each of these have a parcel in Demesnes, and a parcel in Services: Now each of these hath a Manor, and each of these have two Suitors, but otherwise it is if one have but one Suitor, he cannot hold a Courtbaron: But 12. H. 4.25. Partition is made of a Manor, that one Coparcener shall have the Demesnes and the other the Services, the Suit to the Court is suspended, and during that there shall be no Courtbaron held: And 8. H. 3.4. and 34. H. 6.53. It is held that a Courtbaron is belonging to a Manor of common right, so that within every Manor shall be a Courtbaron, unless there be no Suitors there, or that by partition the Suit is suspended, as it is before said: But note that divers are called Manors, within which are not any that hold of these Manors, but only Copiholders at the will of the Lord, according to the Custom of the Manor, and there are no Freeholders which hold by Charter; and yet these Lordships are called Manors, and in these are Court-Barons, 19 H. 8.17. Courtbaron is belonging to a Manor. And now though the honourable Judges of both Benches, and the Honourable Lord chief Baron, and the other Judges there of Record, at this day are altogether given to administer Justice to all, without respect of any Persons, R. 2. Maint. 2. according to the Statute of the 1. of Edw. 3. Chap. 14. which is, that right be made as well to poor as rich; and that none send Letters in disturbance of the Common Law; so that praise be to God, their whole inclination to the administration of Justice, may be a sufficient example to all Stewards, to administer Justice, and not to have regard to Letters: Yet in some Court-Barons, I have seen such subverting of Justice by Stewards, some by Ignorance and wilfulness, and some Stewards to please their Lords, and for fear of losing their Fee, being but Stewards at the will of their Lords, and some for Letters, and other causes, that Justice many times hath not place there, to the perilous example and overthrow of Estate; and for that, that henceforth hereafter Justice in these Courts may be the better administered, before that I shall treat of the Courts aforesaid, I think it is convenient to write to the Stewards, these sentences ensuing, to be a Glass to Stewards to read their better remembrance to administer Justice, and for that it thus followeth. Who worketh Justice, he shall be advanced. Eccles. 20. Blessed are they which hunger and thirst for Justice, for they shall be satisfied, Matth. 16. Justice advanceth a Nation, and it maketh a miserable people to be pacified, Prov. 19 He that justifieth a wicked man, and condemneth the just man, he is most abominable with God, Pro. 17.15. Unless your Justice abound more than that of the Scribes and Pharisees, you cannot enter into the Kingdom of Heaven, Matth. 18. The souls of the Just are in the hands of God, Wisdom. In the straight path of Justice, but the contrary way leadeth to death, Prov. 12. Love God, and thy neighbour as thyself, then if you do not Justice, how do you love him, who is Justice and truth, and how do you love your neighbour as yourself, Matth. 22. Justice surely is immortal and everlasting, Injustice is the wages of death; love Justice you that Judge the Earth, Wisdom 1. Riches do not prevail in the day of revenge, but Justice shall free from death, Prov. 2. God shall give to the Just the reward of their labours, Wisdom 10. And if any love Justice, his labours have great virtues, sobriety and virtue, than which there is nothing more profitable in this life to men, Wisdom 1. Nothing truly can be honest, which wanteth Justice, Tully in his Offices. From Justice, as out of a certain Fountain, all rights do spring, for a just man hath a will to give to every man his own, Bracton. Another Cause of doing Justice. It is appointed for all men once to die, and afterwards to come to Justice: And as Athanasius saith, At whose coming all men shall rise with their bodies, and shall give a reason and account of their own works, and they that have done good shall go into life everlasting, but they that have done evil into everlasting fire. What men have done this present time of life, Shall reap the Harvest, when Go and Come is rise, Rev. 14. Blessed are the dead which die in the Lord, for their works follow them. Corinth. 1. Chap. 3. Every one shall receive his reward according to his work. 2 Corinth. 4. Who soweth in blessedness shall reap in blessedness; if Christ had not been borne of the Virgin Mary, and died for us, no man could have come to eternal life; therefore believe and do Justice, and then shall ye have the aforesaid thing promised. And note, That though Christ hath redeemed us, yet if we do evil, it is written, We shall go into everlasting fire; and for that, obey and fear to break the Commandments of God: and then, in doing of Justice, you do the Commandment of God, for which you shall have the thing promised; that is to say, Eternal life; for not all which say unto me, Lord, Lord, shall enter into the Kingdom of Heaven, but those that do the will of the Father, saith Saint John: Therefore if you will have eternal life, do Justice, and also remember that death doth not delay, no man knoweth his day; and therefore prepare your life, and do Justice, because no man knoweth his end; and as Fishes are taken with a hook, and Birds taken with a Snare, so the body of a man in the day of evil. The third Cause of doing Justice is to have a good Report. Have a care of a good name. It is better to have a good name then much Riches. Cursed is the man that neglecteth his good Name. It is better to have a good Name then precious Ointments; and to conclude, he saith, What profiteth, If you shall gain the whole World, if you shall lose your own soul. First, the Steward shall make a Precept to warn the Court by reasonable warning, as by six or more days, as followeth; and it is the better, if it be by fifteen days, according to the common days in the Bench. The Precept. J. K. Steward to the Bailiff thereof, health; Prebenda de Islington. I command likewise and appoint, that diligently you give to understand the view of Frankpledge, of the Court there to be held, against the Thursday, that is to say, the sixteenth day of October next coming after the date of these presents, and have there this command: And as, etc. Dated under my Scale, the first day of this month of October, the year of the Reign of Queen Elizabeth, by the grace of God, of England, France, and Ireland, Defender of the Faith, etc. 21. Then enter your beginning of your Court-Rollin manner following. The view of Frankpledge with the Court, J. F. Prebenda de Islington. Order de tenor Leet. Clerk there held the Thursday, Viz. The sixteenth of October, the year of the Reign of our Lady Elizabeth, Queen, by the grace of God, of England, France, and Ireland, Defender of the Faith, etc. the 21. held by J. K. the Steward there. It is good to make this entry, that is to say, Held by J. K. Steward there: If there be any Copiholders there, for that the Name of the Steward is in the Copy to the admittance; then after this entry the Steward shall cause the Bailiff to make Oyes, three times, if it be a Leet, for this is the King's Court, though the other hath that by Grant, or by Prescription. In the year 21. Edw. 4. fol. 37. is, that where either adjournment of the Term, or other matter for the King, B. Proclamation 6. is: There at the beginning there shall be three Proclamations made, and in all other matters which are not for the King, but one Proclamation; and for that at the beginning in the Courtbaron shall be but one Proclamation; and in Court Leet (for that it is the King's Court) shall be three Proclamations, Scilicet, O yes three times shall be made. Note that none may make Proclamation, but by authority of the King, or Majors, and such like, where they have used it by Custom, 22. H. 6. fol. 19 Then forthwith after the three Proclamations made, the Steward shall make the Bailiff to say, All manner of Persons which are resident, or Deciners, and do owe Suit royal to this Leet, come in and make your Suit, and answer to your names, every one upon pain and peril which shall ensue. And after that all are called, and all which are absent are marked to be amerced, than the Steward shall cause again (if it be in a Leete) to be made three other Oyes. And forthwith after the three Proclamations made, the Steward shall cause the Bailiff to say, If any man will be Essoyned, and in Court Baron, If any will be Essoyned, or enter any Plaint, come you in and you shall be heard. And then the Steward ought to say, Essoynes and proffer, of Suit and Plea three times, and in the end Essoyne for this day; and then the Steward enter the essoign in the Court Roll, as it followeth in the entry of the Court Roll. Then after this the Jury shall be impanelled, and first, one shall be sworn, and after three or four together, and the Oath shall be as followeth. You shall inquire and faithfully make presentment of all things which I shall give you in charge, The Oath of the Jury. your Companions counsel, the King, and your own, you shall keep, and you ought to present the truth, and nothing but the truth, So help you God. But in the Court Baron there shall be omitted in the Oath (to keep the King's counsel) for that is no Court of the Kings, as a Leet is. Note in the 27. In Feloni tantum. of the Book of Assizes, p. 65. a Juror was arraigned in the King's Bench as a Felon, for that he was one of the Indictors of certain persons of felony, and discovered the counsel of his▪ Companions, and in Leet it is counsel of the King: Yet (Sack) if he were attaint, what Judgement shall be given. And when the Foreman of the Jury for Court Leet, or Court Baron is sworn, three or four shall come to the Book together, and shall be sworn together, as afore is said. To which the Steward shall say, The same Oath which J. S. your Foreman hath taken of his part, you for your parts well and truly shall observe and keep, So help you God; and so the rest shall be sworn by three or four together, as in a Leet, at least there shall be twelve sworn. For 6. H. 4. fol. 2. is, Jurors Leet. that a Presentment in Leet shall be by twelve, and not by fewer; otherwise every Presentment there is traversable: And 3. H. 7.4. If any stranger be there, if there be not sufficient residents there to be impanelled, the Steward may impannell a stranger there, for that it is to inquire for the King, and for redressing matters which are annoyances to the Commonwealth; and if more be sworn then twelve (as they may be for the King) yet if twelve of them agree, and the residue not, it is a good Verdict, and it used very often to be fifteen, sixteen, or seventeen of the Jury in the Leet; but a Jury to try an Issue between parties by twelve only, as it appeareth by 21. Edw. 3. fol. 31. and 29. Edw. 3. fol. 43. And that a Verdict of eleven shall not be taken, 41. of the Book of Assizes, p. 11. Jury, or Court Baron. yet in a Courtbaron there may be impanelled and sworn there less than twelve to inquire of Articles for the Lord. The cause that the Jury shall be sworn, is, That the end of all controversy to confirmation is an Oath, and this is the cause that the Juries are sworn, and not otherwise credited: And see Fortescue, fol. 54. The trial in this Realm by trial by twelve, is a good trial and necessary, as at large by him appeareth. Exhortation to the Jury. Fear God and keep his Commandments, this concerns every man; then I pray you, How have you the fear of God? How do you keep his Commandment, which is the whole truth, if you do not regard your Oath: Remember also Jeremiah, Chap. 4. which saith, You shall swear in truth, in Judgement, and in Justice, and so remove love, fear, hate, and hope; that is to say, that you do nothing for love, nor for fear, nor for malice, hatred, hope of benefit and gain, but to present justly; and you ought to remember who saith, Be not overcome of evil, but overcome in good evil, Saint Paul: you shall not receive gifts, because gifts blind the eyes. But you ought to present justly, Deut. Chap. 16. Woe to them that call good evil, and evil good, Isai. 15. Thou shalt not anoint thy fist, nor bear false witness against thy neighbour, Exodus. Chap. 20. The lips of a Liar, are an abomination to the Lord, Prov. 6. It is just Judgement, where not the person but the works are considered, Plato. And so from your hearts, expel all affection, and be yea mindful how many threaten God hath appointed for breaking of an Oath. First, the Prophet saith, Thou hatest all that work iniquity, thou destroyest all which speak a lie, Dan. 5. He that blasphemeth the name of the Lord, shall die with the death, Levit. Chap. 14. Thou shall not live because thou hast spoken a lie, Zechariah 13. Ananias and Saphira for a lie in selling a Field, forthwith were slain, Acts Chap. 5. And so you see what peril and indignation is from God, for not regarding your Oath, and to utter the truth you shall be sure to be the children of God, which is truth, and you shall obtain quietness to yourselves, and to all your neighbours, and your Commonwealth shall flourish with virtue, and offenders and sinners shall be punished, and abolished; for the Leete is appointed to that end. And note, that at the beginning, there might be every year as many Leets as he would, which had that in his Manor. And after that Leets were ordained to be held but twice in the year, Rastal, County, etc. 2. by the Statute of Magna Charta, Chap, 35. Scilicet, betwixt the Month of Michaelmas and Easter. 6 H. 7. fol. 2. Presentment of Felony in the Turn of the Sheriff, held after the Month of Easter is void, although it were for the King; for the Statute is, That the Sheriff in this case shall lose his Turn, which is as much to say, all in that shall be void, 38. H. 6. fol. 7. the same. But by Prescription, Leets are held a day certain in the year: And after the authority of the Leet, was enlarged by the Statute, de 18. Edw. 2. called the Statute, De visu Franchi plegii: And after by divers others, Rastal, Leet 1. for what things are inquirable in Leets, as in the Charge more at large may appear; and all the Articles are but for the advancement and preservation of the Commonwealth, as by the Articles of your charge, more at large may also appear: And in so much now, that you see for what cause Leets were ordained, and how the authority of them is enlarged, for Government of the Commonwealth: Now you ought to consider, that you which are of the Jury are chosen in such manner as the Angels of God are at the last day of Judgement of man; for as it is written, Then shall the Angels come out, and shall separate the Ill from the midst of the Just: And so you ought to separate the Just from the Ill persons, and you ought to see that the offenders be punished, and the Just preserved; for as the Touchstone is provided to try the pureness of the Gold and Metals, so are you chosen the Touchstone to see the Weed to be taken from the Corn, and the Corn to be preserved; and you ought to see the King and the Commonwealth preserved, and Justice to be administered, which is the preservation of the King, Justice. and his Commonwealth; and so for that, that you see your duties, and consider your Oath, I will declare to you the Articles of your Charge. The Charge in Leet. First, You ought to consider, 27. H. 8. fol. 2. that some offences (as petty Treasons and Felonies, which are against the Crown and Dignity) are inquirable and presentable in a Leet, but not punishable there; but by the Statute of 1. Edw. 3. the last Chapter, Rast. Indictment, 2. they ought to be written and Indented, and one part to remain with the Steward, and the other with the Jury, and it ought to be delivered to the Justices of Assize, at the next Goal delivery held within the County. And first, these following are to be inquired of, and to be certified, as afterwards is said. First, Treasons. You ought to inquire, if any counterfeit the Great Seal, Privy Seal, or the Arms of this Realm; and by the 25. Edw. 3. Rastal, Treasons 1. they are high Treason, and yet inquirable here, as Felony, and to be certified as is aforesaid. 2. Also if any counterfeit the Money of this Realm, Sergeant Mony. or of another Realm being currant in this Realm, it is high Treason, 1 Mary, Rastal, Treason 21. And by Stamford, fol. 3. but inquirable here as Felony. 3. Also is the counterfeiting of the Seal manual, Scale. Privy Signet, or Privy Seal, and are inquirable here as Felonies, Rastal, Treason 1. 27. H. 8. c. 2. 4. Also the Clipping, Clipping. washing, or filing of Money, is high Treason, by 5. Eliz. and inquirable here as Felony, Rastal, Treason 29. 5. Also if any Servant kill his Master or his Mistress, Kill his Master. or Priest, or any other Religious, kill his Ordinary, by the 35. Edw. 3. C. 2. Rastal, Treason 1. is petty Treason, and inquirable here, as Felony, 12. Book of Assizes, 30. 6. Also if any Woman kill her Husband, Wife, Husband. it is petty Treason, and is inquirable here as Felony, 19 H. 6. fol. 47. 7. Also cutting out of tongues of men, Felonies. and putting out their eyes of malice, is Felony, and here inquirable, 5. H. 4.5. Rastal, Felony, 4. 19 H. 6. f. 47. 8. Also Murder is, Murder. when any of malice pretended, killeth another feloniously, and is inquirable here, 14. Edw. 3. 9 Also Manslaughter is here inquirable, Manslaughter. that is to say, When a place is not appointed to fight, but only they fight together, and the one killeth the other when they meet by chance, Stamford, fol. 18. a. it is here inquirable. 10. Also if one kill the other (in defending of himself) he shall lose his goods: Se defendendo. The same Law, where one killeth another by mischance, Stamford, 15. a. 11. Ravishing of a Woman, Rape. as trespass is inquirable, and where it is not presented before the Coroner, Stamford 23. b. 18. Ed. 2. Rastall, Rape. 2. 12 Rape as Felony, which is Felony made by the Statute, is not inquirable in a Leet, nor any thing given by Statute, unless it be inquirable by express words, but that which is made petty Treason by Statute, is inquirable as Felony by the Common Law, 11 H. 7. fol. 22 13 Burglarers are those, Burglary. which in time of Peace break Houses, Churches, Walls, Towers, or Doors, after the Sun set, and before the rising thereof, though he carry away nothing, if their intent may appear that it was to rob or kill, or to commit other Felony, it is Burglary, inquirable here, Stamford, fol. 30. b. 14 Robbery, Robbery. is when a man taketh any thing from the person of another Feloniously, though it be but the value of a penny it is Felony, and Inquirable, Stamford 27. d. 22. of the Assizes. 29. 15 Also burning of a House Feloniously done is Felony by the Common Law, Burning of a house and also is burning of Barnes in the night, and inquirable, Stamford 36. a. 16 Burning of a Barn in the night adjoining to a House is Felony by the Common Law, 11. H. 7. f. 1. Robbing Churches. 17 Also robbing of Churches or Chapels, and taking of any Ornaments out of them Feloniously is Felony, and inquirable. Theft. 18 Theft is the taking of another's Goods with a fraudulent mind of stealing, against his Will whose Goods they are, and if it be above the value of twelve pence he shall be hanged, and Theft is here Inquirable, Stamford 24. L. Rescous. 19 If any rescue any which is taken for Felony, that is Felony, and here inquirable, 1 H. 7.9. Taking Doves. 20 Also taking Doves in the Dovehouse in the night with Felonious intent, is Felony, and here inquirable, but not where they are taken in their roost, out of the Dovehouse. Stamford, fol 25. C. 22. book of Assizes 95.18 H. 8. fol. 2. 21 Also taking of young Pigeons, Young Pigeons. or young goshawks in their nests in the night is Felony, and inquirable here. 14. H. 8. 18. Ed. 4 fol. 8. 22 Also the taking of Fish feloniously out of ponds, Stews, Fishes. or Trunks in the night is Felony, and here inquirable: But otherwise it is where it was taken in the River, there it is no Felony, 22 book of Assizes, 95 Quere, 18. Ed. 4. fol. 8. 23. Also the taking of tame Deer with a Felonious intent, Dear. is Felony, the same Law the taking of Signetts, Swans marked, and Peacocks, and here inquirable, Stamford, fol. 25. C. 18 H. 8.2. 24. Also if any one receive a Felon, Receiver. well knowing of the Felony which he had done, that is Felony and here inquirable, Stamford, fol. 41. E. 25. And note that all other Felonies which are Felonies by the Common Law, Felons by the Common Law as these are, are here inquirable, and see these after in Felony, otherwise the King shall lose year, day, and waste, and the Lord his escheat. 26. Accessaries are inquirable here, Accessary. and that is, if one procure or command another to do a Felony, but is not present when the other doth that, this Procurer or Commander is Accessary: Accessary after the Felony, is, where one receives a Felon and knowing of the Felony, Stamford, 40. G. 27. Escape voluntary, Escape. is, when one arrests another for Felony, and after lets him go where he will, that is Felony, and here inquirable, Stamford 32. I. 28. Escape negligent, is when one is arrested for Felony, and after escape against the will of him that arrested him, and be not freshly pursued, and taken before the Gaoler lose the sight of him, that is fineable, and here inquirable, Stamford 33. b. 29. Petty larceny, Petty larceny. is the taking of any thing with a Felonious intent, under the value of twelve pence, as Hens, Geese, Pigs, or small things out of Windows, Stamford fol. 24. G. and these are here inquirable. 30. Note that the Lords of which the Lands are held shall have the Lands of escheat, where their Tenants are attaint in petty Treason or Felony, and the King shall have (year, day, and waste) by Magna Charta, cap. 22. Ra. f. And for that it is inquirable, what Lands and Tenements these persons so offending have, and what Goods, for the King unless the Lord hath the Chattels of the Felons by Charter of the King, 9 H. 7. fol. 23. 31. And so note that all these matters in the Charge aforesaid, are inquirable and presentable as is aforesaid but not punishable here, but shall be certified by the Steward in the Sessions, as is aforesaid, 27. H. 8. fol. 2. But now the residue of the matters of the Charge which ensue, are inquirable and presentable, and are also punishable in a Leet, and shall not be certified as these aforesaid shall be. 1 First you ought to inquire if the Suitors and Deciners, Deciners. scilicet, if any of them which are resident appear in person, or not, and if any of them make default, to present their names, 18 Ed. 2. Rastall, Leet 1. the same book, Chapter 10. 2 Also if the capital Pledges appear, Pledges. for it appeareth by 45 of Ed. 3. fol. 27. that Pledges shall be found for every one that cometh within the Lordship to be of good behaviour, as the manner is, and it is inquirable if every one hath found sureties, 18. Ed. 2. 3 Also if any hath dwelled within the Lordship by a year and a day, The age twelve years. and be of the age of twelve years and not sworn to the Queen to be loyal and faithful, that is inquirable. 4 Also if any villains of the Lord are fugitive and remain elsewhere out of the Lordship, Villains. and are not in the Demesnes of the King by a year and a day without claim, are inquirable. 18. Ed: 2. 5. Also if any customs or services due to this Court are neglected, how, by who, and in what Bailiffs time that was, Customs. 18. Ed. 2. 6 Also if any annoyances be made upon the Land, wood, Anoyances and water, that blocks, stocks, ditches, hedges, made, or a ditch made or filled to the annoyance of the People, or if any other thing be done to the noyance of the People, that is to the multitude, and not only to one, is inquirable, 18. Ed: 2. 7 Also if any Walls, Houses, Pales, Wages. or Hedges be made or erected to the noyance of the People, it is inquirable, 18. Ed: 2. 8. Also if any common ways, waters, ditches, or paths are turned out of their right course, it is inquirable, 18. Ed 2. 9 Also if any bounds are straightened or carried away, 18 Ed. 2. 10. Also if any Lay-stalls are made in high ways to the noyanee of the People, or if any carrion be cast into the high way to the noyance of the People, it is inquirarable. 11. Also if any make any encroachment upon the King's high way. 12. Also if any commonly or openly break the peace, Trespass. as making frays in disturbing and fight the People, it is inquirable. 13. Also if there be any common Barrators in the Lordship, as Scolds, brawlers, to the noyance and disturbance of their Neighbours, present their names. 14. Also if any break the common pound, Pound. to take distress from thence, present their names. 15. Also if there be any outcries made against the Laws to the disturbance of the People, it is inquirable. 17. Also if any Ease-droppers, Ill members for a Commonwealth. which stand under Walls or Windows, by night or day to hear tails, and to carry them to others, to make strife and debate among their Neighbours, present their names. 18. Also if any be common breakers of Hedges, present their name. 19 Also if any keep and maintain any bawdrey in their Houses, it is a cause to break the Peace, and is a vice which corrupteth the Commonwealth, and for that it is here inquirable, 27. H. 8. fol. 17. Quatuor his casibus procul dubio cadet adulter, Aut hic pauper erit aut subito morietur; Aut cadet in causam qua debet judice vinci, Vel aliquod membrum casu vel crimine perdet. By these four changes, without doubt, an adulterous person shall fall, either he shall be poor, or shall suddenly die, or shall fall into some cause, that he shall be condemned by the Judge, or shall lose some member of his Body by chance or by the crime. 20. Also if there be any vagabonds or wanderers, and those which walk by night, and sleep by day, and if there be any which are common haunters of Taverns or Alehouses, and go about, and having nothing to live of, are inquirable, 4. H. 7. fol. 2. In Leet is inquirable of nightwalkers. 21. Also if any go of Thiefs messages, it is inquirable. 22. Also if any take Pigeons in the Winter by nets or Engines, it is inquirable. 23. Also if any by any way corrupt the common Waters, by whittening, by Lime, or by Flax, or Stuff laid in the Waters, by which the Waters are corrupt, it is inquirable. 24. Also if any hath, or useth any false Measures, Deceit of Artificers. False Weights. of Bushles or Gallons, Yard or els, or false Weights or Balances, are inquirable, 8. H. 6. chap. 5. Magna Charta, chap. 25. 51. H. 3. Title Weights, and Measures, 5. 25. Also if any use double Pounds or Measures, Double pounds. that is to say, a small one to sell by, and a great one to buy by, in deceit of the People, it is inquirable, 27. Ed. 3.10. 26. Assize of Bread and Beer, that this be held, Assize of Bread. scilicet, that every one sell according to the price of Corn, is inquirable, and that it be made wholesome for Men. 27. Also if Tiplers sell by Cups and Dishes, Tiplers. or Measures sealed, or not sealed, is inquirable. 28. Also if Butchers, Fishmongers, Innkeepers. At reasonable prizes. Haggler's, Poulterers, Cooks, Vintners, and all other which sell Victuals, if they sell at reasonable prices, and not at excessive, having regard to the prices that Victuals are sold in places near, and he which is convict shall pay the double that he hath received to the party damnified, and let it be inquirable, 23. Ed. 3.6. 10. H. 7. fol. 8. by Brian and Hussey, a victualler shall be constrained to sell his Victual, if the buyer offer ready Money, otherwise not. 29. Also if Butchers, Fishmongers, Butchers. or other Victuallers sell any corrupt Victual not wholesome for men's Bodies, it is inquirable. 30. Also that Innkeepers, Innkeeper's. shall not sell Hay nor Oats but at reasonable prices, and shall not take for the bushel above one half penny above the common price in the Market, and shall take nothing for Litter, and that is inquirable, 12. R. 2.8. Rastall, Victual 8. 31 An Innkeeper may bake his Bread for Horses in his House in any throughfare Town, which is not a City where common Bakers dwell, and if he bake and do not make it according to the prices of Corn, he is to be punished in a Leet, 32. H. 8.14. Rastall. Horsebread. 31. Also if any Innkeeper or other person, harbour any suspected persons, perceiving or knowing them to be of ill behaviour, it is inquirable. 33. Also if Millers take excessive Tole is inquirable, Mills. and they ought to take for Tole but the twentieth or twenty fourth grain, according to the custom, and according to the strength of the Water. Or if any Miller within the Lordship change the Corn which he hath to grind, it is inquirable. 34. Also it is inquirable, Artificers if all Artificers make good Ware as they ought, and if any of them make deceit in it to deceive the People, you ought to present their names. 35. Also if any Constable, Misdemeanour de Officers Alecunner, Bailiff, or any other Officers within this Lordship, have duly and well done their Offices or not, is inquirable. 36. Also no Purveyor, Purveyors shall make any purveyance for the Queen's House, of any thing of the value of forty shillings or under, unless he do it for ready payment to the party, upon pain of losing his Office, and to pay the value to the party grieved, and if he do the contrary, if the Constable or Tithingman upon complaint unto them do not make resistance to the Purveyor, they shall forfeit to the party grieved the value of the thing taken, and double Damages, and that is the Misdemeanour of the Constable, and of these Misdemeanours and all other such Officers, is inquirable, 20. H. 6. chap. 8. Rastall, Purveyors 31. And also the Constable ought to see the Peace and watch to be observed as it ought, 11 H. 4. fol. 27. That Purveyor, Buyer, or taker for the King, after he is allowed and paid of the King, shall be Debtor to the party; but till payment, the King himself is Debtor. See more after in the Office of the Constable, For the Office of the King and Lord. and what is inquirable touching his Office, fol. 37. If any Treasure be found, that is to say, Treasure hid in the ground, and no man knoweth who hide the Treasure, that is to the King, unless it be to the Lord by specialty in writing, or by prescription If any Estreys' be, Estrey. it is inquirable, and that is if any Horses, Sheep, Hogs, Beasts, or Swans, which have come into this Lordship, and have been there by the space of a twelve month and a day, and not claimed, than the Lord may have the property of them by prescription, but they ought first to be impounded in an open pound, proclaimed in the Church, and two Market Townes next adjoining, and if none claim them, than they shall be seized, and aught to be put in some several ground, and not in any Covert or Wood, that the owner cannot find them, for if they be in Covert, the property is not changed, though they be there a year and a day. 39 If any Weife be, it is inquirable, Weife. and that when the Thief upon the Hue and Cry is pursued, or otherwise for easing himself of the carriage, without Hue and Cry, he waifes the Goods by him Feloniously stolen, or any part of them and fly away, this is forfeit to the King, and the Lord may have it by prescription, Stamford, fol: 180. 40. If any fugitive be, that is, Fugitive. if it be found by Indictment of Murder before the Coroner, that he fled, or if he be indicted of Felony, and acquit and found that he fled, than he shall forfeit his Goods to the King, and the Lord may have them by Charter, and not by prescription, and that is inquirable. 41. If any Horse or Mare be put upon the Common and be scabbed, or having an infectious disease, Scabbed chival. he shall forfeit to the Lord of the manner ten shillings. 32 H. 8.13. Rastall Horses etc. b. and this is inquirable. 42. If the Exigent be awarded against one indicted of Felony, by the award of that his Goods are forfeited, though he be afterward acquit of the Felony, and the King shall have his Goods, and the Lord by Charter, and not by prescription or without Charter, and this is inquirable. 43. If any be outlawed in Debt, Trespass, Outlawry or other personal Actions, his Goods are forfeit, and the King shall have them and not the Lord, unless that it be by Charter and not by prescription, and this is inquirable, 18 Ed. 2. 44. If a common Fine hath used to be paid here, Common Fine. that aught to be inquired, that it be paid according to the usage and that it be collected according to the usage, for it is collected commonly by the Head-Burrough, and it is commonly due to the Leet at Michaelmas. 45. Note that every one that hath view of Frank pledge aught to have a Pillory and Tumbril to execute Justice, and also in every Town or in the Leet a pair of stocks, and for lack of them the Town shall forfeit five pound, and that is inquirable. Wreck of the Sea. ANd for that, that by the Statute of 15. R. 2. chap. 3. Wreck of the Sea may be tried and determined by the Law of the Land, that for that, and for the profit of the King and the Lord, it is inquirable in the Leet. The King's Prerogative, chap. 11. the King shall have Wreck of the Sea throughout the whole Realm, and Sturgeons taken in the Sea or other where within the Realm, except some privileged places, be the Kings. 9 H. 7. fol. 20. A man may have a Wreck of the Sea by prescription. 10. H. 7. fol. 6. By Wood If I have Wreck by prescription, and a Stranger seize it, and not my Bailiff, I shall have an Account against him. Westminster 1. chap. 5. is, that Goods in a Ship where a Dog or a Cat escapes alive, are no Wreck, but are delivered to the Town or Lord, and if any come within a year and a day, and claim them, and prove them to be his Goods, they are without delay delivered unto him, and if none come within the year and a day, they are the Kings. And if the Wreck belong to another than the King, it is done in the same manner. And who shall do otherwise, and of that is attaint, he shall be committed to prison, and Fined at the Will of the King, and shall pay damages likewise. If the Goods in this case are fresh Victuals, as flesh meat, fresh Fish, Apples, or Oranges, or such things which will not endure for a year, and the Sheriff seeing them, selleth them, and delivereth the Money taken for them to the Town to answer for it, it is good, and yet it is contrary to the words of the Statute, but it standeth with reason. 45. H. 6.32. If the King's Goods be Wrecked, and not claimed within a year and a day, yet the King shall have them, otherwise it is a common person. Then there are divers other matters which follow, of which you may inquire by express words in the Statutes, as of the Statute of Apparel, and other Statutes ensuing. In the year, 24. H. 8. Chap. 13. Rastal, Apparel the fifth. If one hath not in Land a hundred pound, he cannot use Velvet, in Jackets. If one hath not in Land a hundred pound, he cannot use Velvet, in Doublets. If one hath not in Land a hundred pound, he cannot use Velvet, in Purses. Damask Silk Chamlet Taffeta in Gowns. Damask Silk Chamlet Taffeta in Coats. Damask Silk Chamlet Taffeta in Outtermost Garments. Forty pound cannot use Chamlet, nor Silk, in Gowns. Forty pound cannot use Chamlet, nor Silk, in Outtermost Garments. No Velvet, in Jackets. No Velvet, in Jerkins. No Velvet, in Caps. Nor any Silk, but Satin in Doublets. Damask. in Doublets. Taffeta in Doublets. Sarsnet in Doublets. Sarsnet in Facing their Gowns. Chamlet in Facing their Gowns. Taffeta in Facing their Gowns. Twenty pound, no Silk in Gowns. Twenty pound, no Silk in Cloaks. Twenty pound, no Silk in Hose, & c. No Satin Damask Taffeta Sarsnet in Doublets. No Satin Damask Taffeta Sarsnet in Coifs. But they may wear Chamlet in Jackets. Five pound cannot use any Silk in Doublets. Five pound cannot use any Silk in Jackets. Five pound cannot use any Silk in Gowns. Five pound cannot use any Silk in Cloaks. But Chamlet in Doublets. But Chamlet in Jackets. Furs. NOne under the degree of an Earl, may use Sables. Forty pound cannot use Foins. Forty pound cannot use Jennets grey. Forty pound cannot use martin's. Forty pound cannot use Squirrel. Forty pound cannot use Fox. Forty pound cannot use Grey. Coney, Hare, Or other Fur growing within this Realm. Coney, Hare, Or other Fur growing within this Wales. Coney, Hare, Or other Fur growing within this Ireland. Twenty pound Black Coney. Twenty pound Budge. Under twenty pound Grace Cony. Under twenty pound Black Lamb. Under twenty pound White lamb. Chains of Gold. NOne under the degree of a Knight may use any Choler of S S. None may use a Chain of less weight than ten Ounces of Gold. Forty pound may use Aglets, Buttons, Brooches. Those persons which are excepted in these Statutes Queens Counsel. Barons of the Exchequer Sergeants at Law. Apprentices at Law. Physicians of the King. Majors. Recorders. Master or Wardens, which are, or have used this room. These may use as before the making of the Statute they have used. Forfeiture. THE thing used against the Statute, is three shillings four pence a day: The Statute is in his Garment, (In) is taken here, for (In) or (Upon) his Garment. Year the first and second of Philip and Mary, no person borne within the Dominions of the King, other than the Son and Heir of a Knight, or above that degree, or which might expend twenty pound yearly, or was worth two hundred pound in Goods. Should use Silk in Hat. Bonnet. Nightcap. Girdle. Scabbard. Hose. Shoes. Spur-Leathers. The forfeiture is for every day, ten pound. If any man keep Servants which offend in these premises, and do not put him out of his service, within fourteen days after that he hath notice of it, or if he put him out of his service, and afterward retain him again, within a year, he shall forfeit a hundred pound. Artificers. IF any Butcher, Brachetour, Baker, Poulter, Cook, 2 Edw. 6. chap. 15. Tipler, etc. conspire, covenant, promise or make any oath not to sell Victual but at certain prices. Or if a Workman or labourer, conspire not to work but at certain prices, or not to finish that which another hath begun, or that they will not do but certain labour in a day, or not labour but certain time of the day, it is inqiurable. The forfeiture for the first offence ten pound, and twenty day's Imprisonment, with Bread and Water, the second offence double. Archers. IN the year 33. H. 8. chap. 9 Every man being the King's Subject under the age of forty years, not lame nor having any Impediment, aught to shoot in a long Bow, and shall have a Bow and Arrows as it followeth, that is to say. Every Man Child in a house of the age of seven years to seventeen years shall have a Bow and two Arrows, and at seventeen years to forty, a Bow and four Arrows, none under the age of twenty four ought to shoot at Pricks nor at twelve score or above with Shaft or Flight. The forfeiture is six shillings eight pence for every three Months wanting these Bows and Arrows. The Master or Father ought to provide for these of seven to seventeen, otherwise be shall pay the forfeiture, and every Servant taking wages of seventeen or upwards, shall pay the forfeiture. The forfeiture for such shooting at Pricks is four pence the shoot, and at eleven score and under, as above, six shillings eight pence the shoot, by the same Statute. Butts shall be made in every Town upon pain of forfeiture for every three Months for default of them twenty-shillings. Crossbows and Hand-guns. NOne may shoot in any Handgun, 33 H. 8. chap. 6. Demihake Hagbot, or Crossbow, or keep it in his house to that intent nor otherwise, unless he may dispend a hundred pound upon pain to lose for every time ten pound. Every person that will shoot, or carry, use, or have in his House, or other place, any Hand-gun, other than such a one which shall be in the Stock and Gun of the length of a yard, or any Hagbut, or Demy-hake, other than such as shall be in the Stock and Gun, of the length of three quarters of a yard, shall forfeit ten pound. And every person having Lands, Fees, Annuities, or Offices, of the yearly value of a hundred pound, may seize and take their Guns aforesaid; and also every Crossbow of any person, not having Lands, Fees, or Offices, to the value of a hundred pound a year. None unless he have a hundred pounds by the year, may carry in the high ways, in his Journey, any Crossbow bend, or Gun charged, unless it be in time of Service of War upon pain of ten pound. Every one which shooteth in a Handgun, Demihake, or Hagbut in a City or market Town, or within one quarter of a mile of them, shall forfeit ten pound for every shoot. If a Master command his Servant to shoot in a Hand-gun, Demihake, Hagbut, or Crossbow, at a Deer, Fowl, or other thing, unless it be at a Bank, or Butt of earth, or in time of War, shall forfeit ten pound. But there is a Proviso, that Gentlemen, Yeomen, and Servingmen of every Lord spiritual and temporal, and of Knights, Esquires, and Gentlemen, and the Inhabitants aforesaid, of Cities, Burroughs, or Market Towns, to shoot at any Butt or bank of earth, so that the Guns be of the length aforesaid. And the Lords, Knights, Esquires, Gentlemen, and the Inhabitants aforesaid, may also keep them to shoot at Butt or Bank, and so may every person (two miles distant from any Town) keep them for defence of their Houses. Also it is lawful for every one, charged by 4. and 5. P. and M. to find Hagbut, to have that in his House. Cordiners. 5. Eliz. chap. 8. NOne ought to cut or gash any Hides of Bull, Ox, Heifer, or Cow, and if any Tanner offer any so gashed to sell, he shall forfeit for every one twenty pence. None shall kill any Veal to sell being under the age of five weeks, upon pain for every one six shillings eight pence. None may, together at one time, be a Butcher and a Tanner, upon pain of six shillings eight pence. No Tanner shall be a Shoemaker, Currier, or Butcher at one time, upon pain to lose the leather wrought, or the value. Nor Tanner tan any hide of a Bull, Horse hide, Sheepskin, upon pain of forfeiting the same. No person may cut any Oak apt to be barked, where the bark is of the value of two shilling the load, but between the first day of April and the last of June, unless it be for building or repairing of a House, upon pain of the loss thereof and the double value. None may buy any rough hides in the hair, but the Tanner, but salt hides for Ships. No Currier ought to curry any leather in the House of any Shoemaker. And none ought to curry leather ill tanned. Crownets. 24 H. 8. chap. 10. IT is inquirable if there be no Crownets, the Lord shall have the half of ten shillings, which shall be forfeited by the Parish or the Town, for default of having them, for this Statute is revived by 8. Eliz. chap. 15. And the Statute of 14. H. 8. is, if Inhabitants of any Parish, where there are ten Householders dwelling at the least, and do not provide Nets to take Crows, Choughs, and Rooks, and keep and ●enew the same nets when occasion shall be, and lay that with a shrape of chaff to take the Crows, etc. they shall forfeit ten shillings to the Queen and Lord of the Leete. Or if Crow-nests are not thrown down in the beginning when they begin to breed, they shall be amerced. Fry of Fish, 10 Eliz. chap. 17. NOne ought to take and destroy any young brood or Fry of Fish in any waters or Rivers, salt or fresh, nor kill any Trout or Salmon out of season, and the forfeiture of every branch of this Statute is twenty shillings. None may kill or take any Pike or Pickrell not being in length ten inches Fish or more, nor any Salmon unless in length sixteen inches Fish or more, nor any Trout not in length eight inches or more, nor any Barble not in length twelve inches or more. None ought to take any Fish with any manner of net, nor with any other engine or devise (angling excepted) but only with a Net or Tramaile, whereof every meash shall be two inches and a half in breadth. Also where Smelts, Loches, Minds, Bullheads, Gudgeons, and Eels, have been used to be taken, it shall be there lawful to use such a net, as they have used before for that purpose. Note that the Steward of the Leet ought to charge the Jury of offences made against this Act, otherwise he shall forfeit forty shillings, and if the Jury conceal any thing, than he may impannell another Jury, to inquire of their concealment, and if that be found, they shall forfeit twenty shillings to the Lord of the Manor. If any by day or night, break or destroy the head or dam of any Pond, Poole, Mote, Stank, stew, or several Pit in which is the Lords Fish, to the intent to steal the Fish, he shall pay to the Lord triple damages, and shall be imprisoned three Months, and after to find surety for seven years for his good behaviour. Note, this Statute is general, 5. Eliz. chap. 21. every one to have remedy. The same Law is for Deer chased out of the Lords Lands enclosed, or killing any Deer of the Lords. And taking of any Hawks in his Land, or eggs of them, he shall have the same punishment by the same Statute. 13. Eliz. chap. 10. provideth, and is inquirable, If any kill or destroy any Pheasant or Partridge, with any Ne'er, Snares, 'Gins, or devises in the night, That he shall forfeit for every Pheasant twenty shillings, and for every Partridge ten shillings, one half to the Lord of the Manor where it is, and the other to the Informer: And that none Hawk or Hunt with Spaniels in any Land where is Corn or other Grain then growing, (unless it be in his own Land) at such time as any eared or codded Corn shall be then growing upon the same Land, before the same be shocked, hiled, or cocked upon pain of forty shillings to the party. Also it isinquirable, if a Fisher for his part do his duty in bringing Fish to the Market which is good and wholesome for men, not corrupt, and that he sell the same at reasonable prizes and without taking excessive gains, scilicet, for every twelve pence bestowed shall have but clear gain one penny, and if it be stinking, that it be burnt openly forthwith. Games unlawful, 33 H. 8. chap. 9 NOne for his lucre or gain aught to keep any House, Alley, or place of Bowling, Dicing, Tabling, Carding, Tennis, or other unlawful Gaming, upon pain every day forty shillings. And every person using the same to lose for every time six shillings eight pence. And if the Constables and Bailists do not make search every Month, they shall be amerced forty shillings the Month. No Artificer, Husbandman, Handycrafts' man, Apprentice, Journyman, or Servant of an Artificer, Mariners, Fishermen, Watermen, or any Servingman, aught to play at any unlawful Games aforesaid, but at Christmas time upon pain to lose twenty shillings for every time, and in the Christmas to play in their Master's Houses, Noble men. or in their presence. No person ought to bowl in any place out of his Garden or Orchard, pain six shillings eight pence. But it is lawful for Noble men, and every one that may dispend a hundred pound per an. in Lands, or profits for life to licence their Servants and others coming to their Houses, to play at Bowls, Cards, Dice, and other unlawful Games, and ought not to undergo the penalty of this Statute. Horses, 32. H. 8. Chap. 13. NO Stone-Horse being of the age of two years, unless he be fourteen handful high, shall be put to pasture in any common, forest or chase, upon pain of forfeiting the same Horse. The said Lands ought to be yearly driven at Michaelmass, by the Lord, Tithingman, Constables, etc. or within fifteen days after, upon the pain of forty shillings, and if upon the said driving, there be found, any Filly or Foal or Gelding not able to bear Foles, or not able to work, the same shall be killed and buried. None ought to put upon a Common any Horse, Mare, or Gelding, infected with Scab or Mange, upon pain of forfeiting ten shillings. Note, that the presentment against this Statute, aught to be certified by the Steward at the next Sessions of the Peace, upon pain that he shall forfeit forty shillings. Hue and cry. 18. Ed. 2. ALL commonly are taken and called at the Summons of the Sheriffs, and at the cry of the Country, to pursue and arrest the Felons, when occasion shall be, as well within Liberties as without, 3. Edw. 3. chap. 9 And if the Robbers escape, the hundred with the Liberties thereof, shall make recompense to the party rob within half a year after the Robbery committed, Winton 13. Edw. 1. chap. 2. And if it be upon the borders of the Hundred, than both Hundreds shall make recompense. Westminster 1. chap. 9 To take Felons, the Statute will that all commonly be ready at the commandment and at the Summons of the Sheriff, and at the cry of the Country, to pursue, to arrest Felons, when occasion shall be, as well within Liberties as without, and shall give a Fine to the King for not doing. See the Statute of Winton in the time of Edw. 1. The Office of the Crown, title Coroners 2. Have power to inquire if Hue and Cry be made, and if all follow the Hue and Cry, and he that doth not, and upon this is convicted, he shall be attached to appear before the Justices of the Goal delivery. 21. Edw. 1. If a Forester, Park-keeper, or Warrener, shall find Malefactors wand'ring to make some damage there, after the Hue and Cry raised to the Peace of the King, they that will not stand and yield themselves, but to execute their malice and to continue it, and to the disturbance of the King's Peace do fly away, and by force and arms defend themselves; If they shall kill these Malefactors, they shall not for this occasion be called before the King and the Justices. High Ways, 2. & 3. P. & M. chap. 8. FOr amending of High Ways to Markets, shall be chosen Tuesday's or Wednesdays in the week of Easter, two Surveyors, and if any chosen refuse, the pain is twenty shillings, and by that Statute every labourer ought four days to work, and their days shall be appointed the next Sunday following in the Church, and to be made before Midsummer. He which hath a Carve of Land or pasture, or a Cart, shall be there four days with it and two men, upon pain of ten shillings a day. And every Housekeeper, Cottiger, and labourer, not being hired Servants by the year, shall be there four days upon the pain of twelve pence a day, and aught to labour eight hours in the day. Provided that every one before charged, 5 Eliz. ch. 13. labour 6. days, and that giveth Liberty to take Rubbish, small stones of quarries, sand, gravel, or Synders, and to gather stones upon other men's Lands, and provideth liberty to turn the course of Waters out of the Highways, and that Ditches of every part of the Highways be scoured by them adjoining, 8 H. 7. fol 8. and that Trees, Hedges, and Bushes, be cut by the owners, which grow adjoining to the Highways, 18 Eliz. chap. 9 according to the Statute of 5. Eliz. by which the ways ought to be opened, and the People to have ready passage. Every one chargeable as a Cottiger by former Law, and assess in goods at five pound or forty shillings in Lands (if he dwell not in London) shall find two men every one of the six days. And if one dwell in one parish and hath part of a Carve of Land there, and part in another parish, he shall find a Cart where he dwelleth. And if one have two plough Lands in two several parishes, he shall find in every one a Cart. Pain ten shillings for not scouring of Ditches and cutting Bushes according to the Statute, fifth year of Elizabeth. Pain twelve pence the Rod for not ditching and scouring Ditches, pain for casting out that which is scoured in Ditches into the High way, for every load twelve pence. The half of all forfeitures by these Statutes shall be to the Churchwardens to bestow upon ways. Wardens of the Church. Hats and Caps, 13. Eliz. chap. 16. EVery person within the age of six years, aught to use upon the Sabbath and Holy days, if it be not in the time of their Travel out of the Town, upon their Head a Cap of Wool made and dressed in England. Except Maidens. Dames. Madams and Gentlewomen. Noble Personages. Every Lord and Knight. Gentlemen of twenty Marks, and their heirs, such which are in any Office of worship in City or County. Are excepted also. Wardens of worshipful Companies in London. Are excepted also. The Forfeiture is three shillings four pence the day, one half to the Lord of the Leet, the other to the Poor. Also the Parents, Guardians, Governors, and Masters ought to pay the Forfeiture for their Children, Servants, and Wards, 21. years till they be out of their charge. Hemp. IF any water any Hemp or Flax in any River, 33 H. 8. chap. 13. running-water, stream, or any other common Pond or water, where Beasts are used to be watered, but only upon the Land where pits appointed for the same, or otherwise in the several Ponds, they shall forfeit twenty shillings, and remedy given to sue for the same in a Leet by Action of Debt, bill, plaint, information, or otherwise. Musters, 4. and 5. P. and M. chap. 3. HE that refuseth to come to Musters before any person authorised to take it, shall be imprisoned for ten days, if he do not pay to the Queen forty shillings: And if any person appointed to take Musters, receive any Money to release any appointed to serve, he shall forfeit ten times as much as he receives. Mortmayne, 7. E. 1. West. 2. c. 32. NO man entered into Religion, or other whatsoever, to buy or sell Lands or Tenements, or under colour of gift, or Term, or by reason of any others title whatsoever, to receive Lands or Tenements of any body, or by any other Art or Wit, to presume to appropriate it unto himself, upon the forfeiture thereof, by which the Lands and Tenements aforesaid should come to Mortmain by any means. If any shall do contrary to this Statute, it is lawful to the chief Lord of the Fee, within a year, from the time of the alienation thereof, to enter and to hold in fee and Inheritance, and if the chief Lord be negligent, than the next chief Lord may enter within half a year after, and so every Lord shall have half a year till it come to the King. Riots, 1. M. 1. chap. 12. IF any persons to the number of twelve assemble unlawfully, to alter and change Laws, to break Enclosures, Banks, Conduits, Stankes, Fishponds, Houses, Barns, or to burn Stacks of Corn, or such like Riots, and Proclamation be made by the Sheriff or Justice of Peace, and notwithstanding they remain together by the space of an hour, after the Proclamation made, every such attempt is Felony, every Coppy-Holder being a Yeoman, Husbandman, or Labourer, being of the age of eighteen years, or under forty, not sick, nor having reasonable excuse, and being required by the Justice, Sheriff, or his Immedidiate Lord, to serve, to apprehend the persons aforesaid, and refuse, he shall forfeit his Estate during his Life, and his Lord may enter. The Farmor being a Yeoman, and refusing, is in the same case to his Landlord. Also it is Felony if a Man, Woman or Servant, or other person without compulsion, bring, send, or deliver, any Money harness, Artillery, Weapons, or Victuals, to any persons assembled in such manner, and not departed to their Houses upon Command, or Proclamation made, as is aforesaid, and if any number besides the number of those which are assembled, and upon Proclamation made, do not departed, Justice of Peace, or chief Officers of the City or Burrow corporate, may raise power to suppress them. And if any Officer kill any of those rebellious persons, or maim them, they shall be free. Also if any person knowing such pretended rebellion, and do not reveal the same within twenty hours after such knowledge had of it, he shall be imprisoned by the space of three Months without Bail or Mainprize, unless he be otherwise discharged by the Justice of the Peace. Also if any refuse, being able to suppress such Offenders, he shall suffer Imprisonment for a year without Bail or Mainprize. Also if any hinder or let, that Proclamation cannot be made, this is Felony. Note that this Statute ought to be read or openly declared in every Leet. 10. H. 7. fol. 12. If one come and enter into Land, with more than is accustomed to have attending upon him, that shall be said with force. 21. H. 7. fol. 39 One may make an assembly of People in his House to aid him, for that it is his Castle, but not to go to Market, although he be threatened. 17. Edw. 4. fol. 4. Where there is an assembly in manner of War, and no Act done, it is no assault by Pigot, if they draw no Weapon, etc. Quere. Riot is not, unless three at least, which do an unlawful act. An unlawful assembly, is, if the People assemble themselves together, for an ill purpose, though they do nothing. Rout is, where there assemble a number, and after march or ride, or go apart, or move to ill in their own quarrels, though there be no act done, title five in Marrows reading, as to throw down enclosures in their quarrel, this is a Rout. 14. H. 7. fol. 28. If a Disseisor have a possession by three years, and holdeth with force, Action upon the Statute of 8. H. 6. doth not lie against him, but he may be indicted upon that Statute, for this is for the King. 7. Ed. 4. fol. 18. Indictment of forcible entry upon the Statute of the eighth year of H. 6. was removed into the King's Bench; and the Justices there might well award Restitution, as the Justices of Peace might have before them, 4. H. 7.19. 32. H. 6. fol. 2. Saith in forcible entry, where the Defendant pleads Title, that they ought to traverse, (without that) he entered with force; see, 1. H. 7. fol. 19 7. H. 6. fol. 14. Presentment of the forcible entry, the Defendant pleads to the (force and arms) not guilty, and it is not good, but he ought to plead over to the Desseisin but in Trespass not guilty is good. 15. H. 7. fol. 17. Where the Plaintiff maketh title and traverseth the Bar, and the title is found for the Plaintiff, they shall not inquire of the force, for it is implied, and so if the Bar be not found. 1. H. 7. f. 19 If the Title be found, they need not, nor ought not to inquire of the force, and for that that the Plaintiff allegeth that J. S. the Defendant entered with ten persons, and doth not name their names, it is uncertain and not good. 2. H. 7. fol. 16. It is said, that if one disseiseth another to the use of two, that they two are Disseisors by their agreement afterwards, not with force, and if it be found against the Disseisor, he shall be attaint of force. 6. H. 7. fol. 12. Forcible entry upon points of the Statute, the Defendant pleads not guilty, and found by Verdict, that he entered peaceably and not with force, and for the Statute is in disjunctive the plaintiff shall recover, 3. Ed. 4. fol. 20.10. Ed. 4. fol. 13. 10 H. 7. fol. 14. It seemeth a Tenant for years shall not have an Action upon the Statute, of 8. H. 6. For it is in the realty, and one cannot be Impanelled, for that he cannot expend forty shillings by the year, 3. Ed. 4. fol. the last, 8. Ed. 4. fol. 9 11. H. 7. fol. 15. Feoffment with warranty, and rely upon warranty, it is good upon the Statute of 8. H. 6. for it is in the realty, but not upon the Statute, 1. H. 7. fol. 12.9. H. 6. fol. 19 Queen, and assurance of her Power. IN the year 5. Eliz. chap. 1. If any extol or set forth the authority of the Bishop of Rome, against the form of this Statute, he runs into a Praemunire. And this Statute is to be read and declared in the Leer. Tracing of Hares, 18. H. 8. chap. 11. NOne may Trace, destroy, or kill Laveret in the snow, with Dog, Bitch, or otherwise, and who doth so, shall forfeit six shillings eight pence. Wines, 7. Edw. 6. chap. 5. NO person may utter by retail by small measure, any Gascoigne Wines, or French Wine, but after the Rate of eight pence the gallon at the most, nor any Rochel Wine but after the Rate of four pence the gallon, nor any other Wine at a higher price than twelve pence the gallon at the most, upon the pain of five pound every offence. None shall have a vessel of Wine in his House above ten gallons, to spend there, unless he be worth a thousand Marks in Goods, or a hundred Marks in Lands, or be the Son and Heir of a Duke, Marquess, Earl, or Lord, upon the pain of ten pound. Note, that Vintners of London have a toleration for them and others authorised by them, by Letters Patents from the King for divers years to come to dispense with them, that they shall not sell according to the price comprised in the Statute. Now if all the defaults and pains which were presented at the last Leet, are amended or not as they ought, and present them, and of them and of all other matters and defaults, common annoyance to the Commonwealth, you shall inquire of and present. Then after this charge is given, the Steward shall command the Crier to make Proclamation, and after Proclamation made, three times, than the Steward shall say. If any can inform the Steward, or the Jury, of any petty Treason, Felony, petty Larcinie, Annoyances, or Bloodshed, Pound broken, or of Rescous, or of any other thing made against the Peace, or of any person of common ill behaviour within the Leet, or any workmen using common deceit, or of any common Misdemeanour of any Officer, or other person there, or of any Weife, Estrey, Treasure found, or of any other thing here inquirable, come you in and you shall be heard. Then if any come in, let him be sworn to give evidence to the Jury. And after that, the Steward shall say to the Jury, go together, and inquire ye of the matter of your Charge, and when you are agreed, I shall be ready to take your Verdict. The end of the Charge. A breviate of the Charge. HEre followeth a breviate of the Charge, which will suffice for the Steward, which is perfect in the Charge, for his remembrance is sufficient. And first, what Articles are inquirable by the Statute, 18. Ed. 2. fol. 82. Which follow. Fairfax, 22. Ed. 4. fol. 82. Which follow, saith, There is no Statute, but rehearsal of Laws inquirable in Leet. Petty Treason, As clipping of Money. And falsifying Money. Felonies, As common Thiefs. Receivers of Felons. Of small Thiefs, as of Sheep, Hens, and Corn stolen. Escape, Of Thiefs, and men imprisoned, and let go without warranty. Rape, Of ravishing a Woman which is not presented before the Coroner. Suitors, that is to say, Resiants which own suit royal. And capital pledges and Deciner, Of these of twelve years and not sworn. Customs and Services forborn. Annoyances made in Lands, Woods, and Waters, of Walls, Houses, Ditches, Hedges, made or pulled down to the annoyance of the people. Of Ways and Paths taken away or stopped; of Waters wrong turned, or stopped, or taken away; of corrupters of Water by Lyme, Flax, etc. III persons for the Common wealth. Of them that go of errands for Thiefs. Of common breakers of Hedges. Of maintainers and keepers of Bawdry. Of those which sleep in the day, and walk in the night, and have nothing to live on. Of those which daily haunt Taverns, and have nothing to live on. Of those which catch Pigeons in the Winter with Nets or Engines. Trespass. Of blood spilt. Of Play made. Of common Barrators and Scolds. Of breaking the common Pound. Of outcries against Laws. Misdemeanour of Officers. Of rescuing from the Officer of the King. Of Constable which keepeth not the peace. Bailiff, Purveyor. Constable, Apprehend Felons. See the Watch kept. That he arrest men armed. For good Government, let there be Stocks. Pillory. Cucking-stool. Suspect Persons, Vagabonds, and Rogues. Assize of bread and Beer, Inholders. Of false measures, Deceit in Artificers. of Butchers. False Balance and weights, of Victuallers. Double measures and weights, of Millers. Treasure found of Outlaws. Of Hue and Cry raised, and not pursued. Of flyers to Sanctuaries and Churches. Profits for the King, and some for the Lord. Goods of Felons. Estreys and Weifes, Scilicet, If they fly. Exigents upon Indictments. Felony. Common Fine. These Articles ensuing, are inquirable by express words of the Statutes here ensuing; that is to say, Apprentice which hath not Land to the value of twenty Shillings, 7 H. 4. chap. 17. Apparel, by 24 H. 8. chap. 13. and by 1. & 2. Phil. & Mary, chap. 2. Artificers, by 2 Edw. 6. chap. 15. and by 24 H. 8. c. 12. Archers, by 33 H. 8. chap. 9 Butts, by 33 H. 8. chap. 9 Crossbows and Hand-guns, by 33 H. 8. chap. 6. Shoemakers and Tanners, by 5 Eliz. chap. 8. Crownets, by 24 H. 8. chap. 9 Fry of Fish, by 1. Eliz. chap. 17. and by 5. Eliz. chap. 21. Games unlawful, by 33 H. 8. chap. 10. Horses, by 32 H. 8. chap. 13. Hue and Cry, by 18 Edw. 2. High ways, by 2. & 3. Phil. & Mary, and by 5. and 18 Eliz. Hats and Caps, by the 13 Eliz. chap. 19 Hemp and Flax, by 33 H. 8. chap. 17. Musters, by 4. and 5. P. and M. chap 3. Mortmain, by 7. Ed. 1. Rastal 3. Riots, by 1. Marry chap. 12. Takers of the King, by 20. H. 6. chap. 8. Tracing Hares, by 14. H. 8. chap. 10. Wines, by 7. Ed. 6. chap. 5. Waifes and Strays, Goods of Felons. Decayed House of Husbandry, for the benefit of the King and Lord of the Manor 4. H. 7. chap. 19.50. Eliz. c. 2. Then let us see what things are argued and allowed in our Books to be inquirable in Leet, and what not. FIrst, Things at the common Law are inquirable, and not defended by Statute, unless that the Statute maketh mention by express words, what are inquirable, 1. R. 3. fol. 1.3. H. 7. fol. 1.6. H. 7. fol. 4. and 11. H. 7. fol. 22. the same. Petty Treason is inquirable, but as Felony at the common Law, 6. H. 7. fol. 4. It is said, that Treason, Petty Treason. as forging of Money is inquirable, 9 H. 6. fol. 44. Clipping of Gold and Silver are inquirable, 22. Ed. 4. fol. 22. Petty Treason and ancient Felonies, that is to say, Felonies, at the Common Law but not the death of a man. Felonies. And Rape as Felony, is not inquirable but as Trespass, 7. H. 6. fol. 13.6. H. 7. fol. 4. Presentment in Leet of Felonies, Rape. at the common Law is good, but presentment there of Felonies by the Statute is not good, 22. Ed. 4. fol. 22. Felonies. You cannot inquire there of the Death of a man, 41. book of Assizes 30, and the Lord which inquires of that shall be fined forty shillings. Death. You may inquire there of all Felonies at the Common Law, but not of the death of a man, 22. Ed. 4. fol. 22. You may inquire there of all Felonies at the Common Law, and not of Felonies by Statute, unless it be by express words given, 6. H. 7. fol. 4.11. H. 7. fol. 22. The Steward may certify presentment of Felony taken in Leet before him, at the next Sessions, 27. H. 7. fol. 2.8. H. 4. fol. 18. Of Felonies and Frays, Trespass. are inquirable, 10 H. 6. fol. 7. Adjudge, that assault upon a person only is not inquirable there, but of Bloodshed it is, 8. Ed. 4. fol. 5. and 4. H. 6. fol. 9 Common Nuisance to a number of men is inquirable, but not an assault made to one, but Frays. If a Stranger make a Fray within the Leet, and be not taken, the Deciners shall be amerced and it is inquirable there, 50. Ed. 3. fol. 5. Bloodsheds are inquirable, 1. R. 3. fol. 1.22 Ed. 4. fol. 22. the same. Presentment that one hath received one by the year into his service, Age of 12 years not sworn. not sworn to the Queen, is good, and he shall be amerced 41 Ed. 3. fol. 26. Purprestures are inquirable, Purpresture & Nuisance. Laborers. but the Steward hath no power to inquire of Liveries, nor of things defended by Statutes, 1 R. 3. fol. 1.3 H. 7. fol. 1. You cannot there inquire of the Statute of Laborers, 6. H. 7. fol. 4. Stopping the Highway is there inquirable, The way. 27. H. 8. fol. 32. For that it is a common annoyance to all the Subjects of the Queen. All common Annoyances and Purprestures made within the Leet are there inquirable, Nusance. 8. H. 7. fol. 4. Purprestures in high ways are inquirable there, The way. and one was presented and amerced in a Leet for not cleansing his ditch adjoining to the high way, 47. Ed. 3. fol. 12. Inquiries are there of Bridges and Causies, Bridges, waters. and of common ways spoiled, of Gorss put into waters, of Commons, of waters stopped, or forced or turned, of Walls or Ditches made to the hindrance of Passengers in the common ways, by Britton. fol. 31. Common nuisance, Nusance. as Ditches and Hedges, made to the disturbance of the common People, shall be there inquired, 9 H. 6. fol. 44.10 H. 6. fol. 7. Turn and Leet are all as one, Turn of the Sheriff. and they may inquire of common Annoyances, as of Bloodshed, and of nightwalkers, but not of a Close broken, for that is particular, but they may inquire of a Ditch not scoured, or of a Bridge broken, 22. Ed. 4. fol. 22. Presentment in Leet that J.S. hath enclosed such Land, Nusance. which ought to lie in common for the Inhabitants of the Town, is a void Presentment, for it is wrong, but no common Annoyance, 27. Assize 9 and 27. Ed. 3. Fitzh. nusance 6. Br: 30. Leet hath power to amerce a man for an annoyance, and also to award that the Offenders shall be destreined to amend that. Of Bread and Beer shall be there inquirable, Bread and Beer. False measures. Mortmain and not in the turn of the Sheriff, but seek, 18 H. 6. fol. 13. False Weights and Measures are there inquirable by Britton, fol. 32.71. Of a Tenement aliened in Mortmain, are inquirable there, by Britton, fol. 32. Presentment in Leet that he is a Tanner, Tanner. and Shoemaker, is not good, 3. H. 7. f. 1. For it is no offence at the common Law, but given by a Statute, but see 50 Eliz. ch. 8. Of forestallers and taking of Victuals to the use of the King more than need by Britton, fol. 33. are inquirable. Takers of the King. Nightwalkers. Weifes. It is allowed that nightwalkers are there inquirable, 4. H. 7. fol. 1. Weife cannot be presented in the hundred, but in the Leet, 44. Ed. 3. fol. 19 It may inquire of corrupt Victual, 27. H. 8. fol. 2. Title Leet, 16.9. H. 6. fol. 53. Waters. DOctor and Student, fol. 177. The King is bound by old custom of the Realm, as Lord of the narrow Seas, to scour the Sea from Sea Pirates, Britton 84. The Sea is common, and also right to fish in the Sea. 8. Ed. 4. fol. 10. It is said there, that every one may fish in the Sea by common right; and by Choke, if the Water ebb and flow upon my Land, every one may fish there Fitzh. 113. a. The King may see that Rivers and Sewers of the Sea be defended, and for that may award a Commission by common Law, and so may of Bridges and Ways. Fitzh. 93. g. Action upon the case lieth against a Neighbour, which hath Lands between him and the Sea, which doth not make his Banks, or scour his Ditches, by which his Land is drowned. 19 Book Assize. It was found by Commission that the River of Lee which runneth from Ware to Waltham and so to London, is the high Stream of the King. Quere. 22. Ed. 3. fol. 22. If Water run betwixt two, and by little doth diminish the Soil of the one, and doth increase the other, if there be not bounds fixed, if this increasing had been so little that one could not perceive it, but if it be by hasty increase, there the other by this shall not lose his Soil unless the River be an arm of the Sea. And note that every Water which flows and ebbs is an arm of the Sea, so long as it floweth and ebbeth, 22. Ass. 93. 4. Ed. 4. fol. 29. Trespass of fishing in his several fishing, the Defendant prescribes to have common of fishing there, and may prescribe to have that appendent to Land as well as common appendent. 4. Ed. 3. Title Trespass, 222. Trespass in his free fishing, this is intended to be in another's Soil. 34. Of the book of Assize 11▪ Assize of common fishing in Tyse, from such a place to such a place, and makes Title in his plaint, for that it was profit to take in another Soil, and showeth that one had fishing, belonging appurtenent to his Manor, and by deed granted that to him. 43. H. 3. title 441. Br. Assize, Assize of freehold and Plaint of a fishing, and good. 7. H. 7. fol. 13. Trespass in his several fishing, the Defendant prescribes that the Abbot was seized of a Manor, and prescribeth to have free fishing from such a place, By Wood A man may have free fishing in another's water, but not several. 17. Ed. 4. fol. 6. Why by force and arms he fished in his several fishing, the Defendant pleads that the place where, etc. is his , and by Choke it is no Plea but an Argument, contrary by Brian, for a several fishing is in his own Soil by him, and free fishing is in another's Soil, which Littleton, granted 18. Ed. 4. fol. 5. It was adjudged a good Plea by the whole Court, 18. H. 6.29. 20. H. 6. fol. 4. Trespass for fishing in his several fishing, the Defendant saith that the Soil covered with water is his Freefold, and is held a good Plea to the Action, 22. Ed. 4. Title 116. Barr, F. 18. Ed. 5. fol. 4. A man shall not have an Assize only of water without Land, so if he saith, that the place is only covered with water which is his freehold, it is a good Plea in trespass. 7. H. 4. fol. 9 Action upon the case lieth, for that the Defendant ought to repair a wall of the Thames, and doth not, by which his Land is drowned, 7. H. 4. fol. 32. Magna charta, chap. 23. All Kedels' shall be put down from henceforth almost throughout all England, unless upon the Sea Coasts. There are but two Writs in the Register for fishing, that is to say, In a several fishing, and in a free fishing, see the Register in, 34.95.103. Petty Treason is the first branch in the Charge, and for that something is to be remembered, which I find in our books touching these Treasons. IF Coiners of the Tower make Money of false Mettle, or less in weight by half, it is Treason, and he which uttereth it knowing, is a Traitor, 3. H. 7. fol. 10. Where a Servant killeth his Mistress or traitorously slew her, he shall be drawn and hanged, and yet the Statute is, where the Servant kills the Master, for it ought to be as well to one as the other, 19 H. 6.47. A Woman of the age of thirteen years was burnt, for that that she killed her Mistress, which proves that this is Treason, for otherwise she should have been hanged, 12. book of Assizes 30. A Woman shall be burnt for Treason, as for killing her husband, and hanged for Felony, Britton, fol. 16. 1. R. 3. fol. 4. Sorcerers attaint shall be burnt, Britton, fol. 16. Counterfeiting the King's Seal, or Money, was petty Treason, and Charter of pardon in all Felonies would serve in petty Treason, for it is Felony, Stamf. fol. 2. but now by the Statute of 25. of Ed. 3. chap. 2. of Treasons it is made high Treason. The second branch in the Charge is Felony, and for that something is to be said, what are Felonies by the common Law and what not. IF one shoot at Butts, and kill a man by swarving of his hand, it is no Felony for which he shall die, the same Law of tiling a House and a stone fall and killeth one, but if he hurt one, trespass lieth, 22. H. 7.29. If one shoot at Pricks, and his hand swarve, and he kill one, it is no Felony for which he shall die, and for that which is not voluntary he shall have a pardon of course, but if he hurt one it is a trespass, though it be against his will, and so it is where one cuts a Tree upon his own Land, and that falleth upon another's Land against his will, it is a Trespass, 6. Ed. 4. fol. 7. One cuts a Purse with three shillings in the same, and looseth his right Thumb, and so it is inquirable in Leet as Trespass, and not as Felony now by the Statute, 10. H. 3. tit. 434. If one feloniously in the night burn a Barn adjoining to a House, it is Felony, 11. H. 7. fol. 1. To play at Sword and Buckler together, and one killeth the other, it is Felony, otherwise it is if they play together by the Commandment of the King, and one kill the other, 11. H. 7. fol. 23. If one resist a Felon which would rob him, and kill the Felon in resisting him, it is no Felony, and he need no Charter of pardon, 22. Assize 55. If a Thief kill a Merchant, and his Servant in pursuing hastily the Thief kill him, it is no Felony in the Servant, 21. H. 7. fol. 26. Assize. 33. If one be present when one is murdered, if he do not strike nor aid him, nor consent, nor cause him to do it, he shall not be indicted, contrary if he be any of those, 14. H. 7. fol. 3. If divers are present when a man is killed, and one of them killed him, the others are principals, if they come for the same cause, 21. Ed. 4. fol. 84. In the time of H. 8. tit. 351. A man bound to keep the Peace, procures another to break it, this is the forfeiture of his recognifance. If one be present and move one to kill another, which is done, it is Felony in him though he strike not, 13 H. 7. fol. 10. the same, 4 H. 7. fol. 18. An Infant within the age of ten and twelve years killeth one and was hanged, 3. H. 7. fol. 13. Felony is not but where a thing is taken with a Felonious intent, that is, That is so privily, that he intends that he from whom it is taken, shall not know, 21 H 7. fol. 15. If one take his own goods from him that hath the keeping of them privily, and charge his Bailiff, that is Felony in taking his own goods, 5 H. 7. fol. 17. Taking of Treasure trove or wreck with a Felonious intent is no Felony, 2● book of Assizes 99 Taking of Charters feloniously in a box concerning Land is no Felony, 10 Ed. 4. fol. 16. If my Butler steal my plate in my House, it is in my possession and it seems is Felony, 3 H. 7. fol. 12. The same Law where my Shepherd steals my Sheep, 22 H. 7. fol. 15. 12 H. 8. fol 3. If I deliver my Butler my Plate, it is said it is no Felony, and taking of that is no Felony, this is where they are not delivered. It was held by all besides Nedham, that if a Carrier hath a Bail, etc. or a Pack to carry and breaks that and takes the Goods out, it is Felony, Tavern. for the Goods were not delivered but the Pack. The same Law if a Tavern Cup be delivered to drink and be taken away, is Felony, for it is in the possession of the master, and so it is of a Horse in the stable of his Master, and a Horsekeeper taketh him, but otherwise it is where he delivers him to ride, or Plate delivered to your Butler, for this taking is not by force and arms, 13 Ed. 4. fol. 9 A Woman shall not be arraigned for stealing her husband's Goods, abridged book of Assizes fol. 71. Taking of Pigeons, or Fish in their save is no Felony, otherwise it is out of a House or a Trunk, for there it is Felony, 22. book of Assizes 98. Taking of Pigeons or other Beasts wild in their wildness is no Felony, 12 H. 8. fol. 4. by Br. 22. Book of Assizes 95. Taking of young Doves in their nests in a House is Felony, and so it is of Pikes out of a Trunk, contrary out of a River, taking young goshawks in a Park is Felony, otherwise it is where they are old goshawks, 18 Ed, 4. fol. 8. Cutting of Trees is no Felony, otherwise it is if they were falled, and after are carried away with felonious intent, 22 book of Assizes 22. and 12 Ed. 3. Coron. 119. Taking of Apples out of an Orchard growing upon the Tree, or cutting Trees, or Corn growing, though they be taken with a Felonious intent, is not Felony, for that they are parcel of the Freehold, but common breakers of Orchards, and common trespassers are inquirable in Leet as I intent, 18 H. 8. fol. 2. Robbery is but from the person of one, 31 H. 6. fol. 16. Robbery if it do not amount to two pence is Felony, for which he shall be hanged, 22. book of Assizes 55. Burglary of a House is, though he carry away nothing, the same Law of Robbery which is of his person though it be to the value of a penny, but it is no Felony that one shall be hanged, unless to the value of twelve pence, 22. book of Assizes 39 It is Burglary, that he broke his House to kill him though he did not kill him, 13 H. 4. fol 20. One intended to commit Burglary and was hindered yet hanged, 27 Assize 38. It is no Felony if one intent to rob one, and doth not but is hindered, but it is Treason if he intent that to the King and do not the act; 13 H. 8. fol. 13. A Boy would have carried out the Goods of his Master, and coming to the bed of his Master sleeping and cut his throat, and he cried out and his Neighbours came in and took the Boy and he was hanged, 15 Ed. 2. Coroner 383. Burglers are those which break Houses or Churches, and though that they carry out nothing they shall be hanged, Abridgement of the book of Assizes 75. Note that presentments of Felonies at the Common Law, are presentable before the Steward in Leet, as appears by, 22. Ed. 4. fol. 19 and petty Treason is Felony as it appears by Stam. fol 2. Appeal of Robbery, the Defendant tenders to wage battle, and was afterward outed of that, for that, that he was indicted before John Verney Steward in Leet; and for that he did not show to whom he was Steward, and in what place, it was nought, otherwife it had been good. By this it appears that presentment of that may be before the Steward, Stamford fol. 2. Charter of pardon of all Felonies serves in petty Treason, for it is Felony, and for that also inquirable in Leet as Felony 22 Ed, 4. fol. 19 1 H. 7. fol. 23. Sir Humfery Stafford shown that he had matter in Law, to plead to an indictment, as sanctuary and prayed Council, and had Council upon that shown in Felony or Treason. 3 H. 7. fol. 1. Infant of tender age, or one out of his wits killeth one he shall not be hanged, 21 H. 7. fol. 31. 3 H. 7. fol. 1. If the principal take Clergy, being arraigned or indicted, it seemeth that the accessary shall go quit and clear if he have pardon, contrary 13 Ed. 4. fol. 3. upon acknowledging of Felony. 3 H. 7. fol. 1. One of the age of nine years which had discretion, to excuse himself, was hanged for murdering of an other Infant. 3 H. 7. fol. 2. It seemeth where one challengeth above the number of thirty six upon one Indictment, he shall be put to Penance, and where it is in Appeal hanged. 22 H. 8. chap. 14. No person arraigned for petty Treason, Murder, or Felony, shall not be admitted to any peremptory challenge above the number of twenty. 4 H. 7. fol. 2. One arraigned and found it was in defending himself, and had a pardon of grace. 14 H. 7. fol. 2. Where one indicted before a Coroner is afterwards acquit, it shall be inquired who killed him, 11 H. 4. fol. 91. the same: 11 H. 7. fol. 19 If a married woman make Felony, her Land is forfeited forthwith, unless that her Husband be entitled to be Tenant by the courtesy. 21 H. 7. fol. 30. Clerks convict or attaint are not out of the same Law as Aliens are. 1 H. 7. fol. 6. Rescuing a Felon is Felony, by the Common Law, of Breakers of Prison by the Statute. 4 Ed. 4. fol. 10. One indicted of Murder such a day, and an Appeal sued supposing the Murder another day, yet good, and shall be all one, for the day is not material and after the parties in the Appeal agreed, and the Playntiff is nonsuited, he shall be arraigned at the Kings Suit. 21 H. 7. fol. 29. Where one shoots at Pricks and killeth a man by the swarving of his hand, it is no Felony that he ought to die. 9 Ed. 4. fol. 2. Defendant in Appeal of Felony shall have Council but not in an Indictment, unless he have matter in Law to plead. 6. Ed. 4. fol. 27. Indictment, That Alice S. he took feloniously, and knew her carnally against her will, but feloniously ravished her and Indictment of Murder, that of malice pretended he killed him is not good, but Murdravit, vid. 1. H. 4.1. Bracton saith, If there be any that striketh a Woman being with child, or gives her poison by which he maketh an abortive or a child now form or having life he committeth manslaughter, 3. book of As. 4. or where one beateth a Woman with child which indeed was borne dead it is no Felony 22. book of Assizes 94. Stamford 22. It is requisite that the thing slain be in Rerum natura, and for that to kill an Infant in his mother's belly is no Felony, Stamford 16. 22. book of Assizes 71. Two fight together and one cometh to part them and is slain, is Felony. 26. book of Assizes 22. A Felon in robbing of a House is slain, it is no Felony in killing. Stam: fol. 25. That cannot be Felony to steal wild beasts found in their wilderness, nor for Doves being out of their Dove-coat, nor Fishes taken in the River, for such stealing is not the taking of another's Goods, but of a thing, which none hath property in. But otherwise it is if he break the Pigeonhouse and steal the young Pigeons which cannot go nor fly for that is Felony. The same Law of taking of young goshawks bred in my Park 18. H. 8. fol. 2. By Fitzh. and Englefeild, taking of young Pigeons in a Dovehouse is not Felony. Quere for they are of a wild nature. 22. book of Assizes 3. One killeth one outlawed of Felony, by Scroop it is no Felony, but by Stamf. Otherwise it is where he is attaint by verdict. 35. H. 6. fol. 68 A husband attaint of Felony is slain, his Wife shall have an appeal, but not his Heir, for there is no corruption of blood between the Husband and his Wife. 34. H. 6. fol. 53. If a Felon read, and the Ordinary refuse him, the Prisoner shall be spared and the Ordinary shall be fined, and if a Felon once fail to read, yet the Justices may spare him and make him try to read again, and said there that he shall have his Clergy under the Gallows, but inquire that: Stamford saith, Burglary may be in the day as well as the night, but all Indictments are (by night) and for that quere, Title Clergy plac. 12. He which breaketh a House by day or night, any person being in that, and by that put in fear, or robbed of any thing, he shall not have his Clergy, Stamford 129. Forfeiture. And for that, that you ought to inquire, what Lands and Goods those attaint of Felony have, it is now to see what the King shall have and what the Lord, by attainder of one in Felony and what not. WE shall not keep the Lands of those which are convicted of Felony, but for a year and a day, and then the Lands shall be delivered to the Lord of the Fee, Magna Charta, chap. 22. see Stamford 190. If the Lord entet after the year and day, where he ought to have a Writ to put him in, the King shall reseise, 8. Ed. 2. tit: Trespass 48. The King shall have all Cartels of Felons condemned and fugitives, and if they have a freehold, then that forthwith shall be taken into the King's hands, and the King shall have all the profits by a year and a day. And that the Tenement shall be wasted and destroyed, etc. and after the year and day it shall be given to the chief Lords, Prerogative, chap. 16. Rastall 5. Note that a man shall not forfeit his Lands in no case but where Judgement is given, and that is in three manners, that is to say, Where one is Outlawed of Felony, or abjures, or is hanged, for they make but three manner of Writs of Escheat, that is, for which he is Outlawed for which abjured, and for which he is hanged, and for that it is said if one rise against the King and is slain, that he shall not forfeit his Lands until he be afterwards attaint by Parliament, as in use, 7 H. 4. fol. 33. the same, 7 H. 4. fol. 48. See Stamford, fol. 49. The King shall have year day and Waste, and Chattels forfeited. Fitzh: 144. It seemeth that the King shall have year day and waste, where one is convict of Felony, and that is the next years profits, for if one taketh the profits that year and day, the Lord shall have a Writ to the Sheriff to deliver him possession, and he which hath taken the profits shall answer to the King for that. Fitzh: 144. N. The King shall have the escheat of Tenements in Cities and Borroughs, which are held of him in fee farm. Fitzh. 6. b. The King as it appears by the Register shall have a Writ of escheat returned into the King's Bench, for the King may sue in what Court he will. 31. Ed. 1. tit. descent 17. f. If the Son and Heir of A. be Outlawed in the time of his Father of Felony, and after he purchase his Charter of pardon in the life time of his Father, and after the Father dies, he shall not have the Lands descended from his Father, but the Lord of whom they are held by escheat. 9 H. 5. fol. 9 the same, 1. Ed. 1. tit. descent 15. the blood is corrupt which cannot take by descent. 26. Of the book of Assizes 2. If the Son be attainted of Felony in the Life time of his Father and hanged, his Sister shall have the Land by descent from the Father, and it shall not escheat. 46. Ed. 3. tit. descent 6. If the Father have a Son and a Daughter, and the Son be attaint of Felony in the life time of his Father and dieth, there the Daughter shall have the Land, and if he survive the father, than the Lord by escheat, 8 Ed. 1. tit. Assize 421.49. book of Ass. 4. 3. book Assize, Where the Tenant grants a rent-charge out of his Land, and after that escheates, the Lord shall hold this charged, but otherwise it is where a Tenant which holds of the King, chargeth and dieth without Heir, 4 Ed. 4. fol. 2. If that be found by Office, yet it cannot be. Natura brevium, 103. In a Writ of Escheat it is no Plea that he died not seized, but it is a good Plea that he did not die his Tenant. Fithz. 144. C, If the Tenant be disseised, and after dieth without Heir, it seemeth the Lord shall have a Writ of Esch eat, for that, that his Tenant died in his Homage, 2 H. 4. fol. ninth, the same. Fitzh. 144. If a man be beheaded for Felony or die after Judgement, before he be put in execution by the Officer, yet the Writ shall say, for which he was hanged, Na: Bre: fol. 104. the same. 11 H. 4. fol. 16. One may have escheat and ward before he be seized of the services, Littleton 106. if a Signiory be granted by fine. See 2 and 3 Ed. 6. chap. 8. Where one hath a Rent, etc. The King is entitled to the Land by attainder, and that is not found in the Office, yet he himself shall have his Rent by the Statute. And it is to see now, where a forfeiture shall be of Goods only and not of Lands, and where not. ONe indicted that he killeth one (in defending himself) by Fairefax he shall be arraigned and shall lose his Goods, 21 Ed. 3. fol. 18. and shall not forfeit his Lands, 4. H. 7. fol. 2. fol. 18. Where one killeth one (in defending himself) or by mischance, he shall forfeit his Goods and not his Lands, Stamford fol. 45. If one kill another by misfortune he shall forfeit his Coods, and it behoveth that he have his pardon of grace, Stamford, fol. 185. the same, 26 H. 6. fol. 6. the same, and he shall not forfeit his Lands, 2. H. 4. fol. 20. One arraigned pleads not guilty, and it was found that the dead struck the other to the ground, and for haste fell upon the blade of him that lay upon the ground, he lying upon the ground shall not forfeit his Goods, but if it were found that he kills him (in defending himself) it is otherwise, 44 Ed. 3. fol. 44. 49. Ed. 3. fol. 5. Where a man is indebted to a man attainted by specialty, the King shall have it, contrarily if it be without specialty, for the Debtor may wage his Law against him which is attainted, contrary against the King, but in the Exchequer it was held that debt to be forfeit to the King, 16. Ed. 4. fol. 4. A man cannot wage his Law against the King, 50. Ed. 3. fol. 1. Stamford 183. See forfeiture, upon he made his flight, and fol. 184. upon an Exigent awarded, and fol. 185. upon a Clerk convict, and fol. 187. of Lands and of a thing in action and so further of Forfeiture. Clerk convict shall forfeit all his Goods, but not his Lands but the Clerk attaint shall forfeit his Lands, 40 Ed. 3. fol. 42. Fitzh. fol. 66. year, 20 Ed. 4. fol. 5. Clerk convict shall forfeit his Goods, notwithstanding that after he makes his purgation which now is not made by the Statute of 18. Eliz. chap. 7. And then he shall forfeit the Issues of his Lands till he hath made his purgation 8. Ed. 2. Forfeiture 34. and Stamford, fol. 185. A Clerk convict is not out of the Law as an Alien is, for his Heir shall inherit his Lands after his death, 3. H. 7. fol. 12 and 21. H. 7. fol. 31. A Woman out of her wits killeth her Husband, she shall forfeit nothing, Stamford, fol. 45. Where a man distracted kill one he shall forfeit nothing 3. Ed. 3. forfeiture 25. Executors Outlawed shall not forfeit the Goods, which they have as Executors, nor by attainder of Felony, 32: H. 6. fol. 34. By award of Exigent in Felony, though he be acquitted afterwards, his Goods are forfeited, 44, Ed. 3: fol. 17: and Stamford fol. 184. D: 22 book of Assizes 81. By award of Exigent, Goods and Profits of his Lands are forfeited if the Exigent be not erroneously awarded, Stamford fol. 47. If one be indicted upon the view of the body, before the Coroner, of death, all his goods are forfeited, though that he be acquit afterwards, Stamford, fol. 45. See 5. H. 4. 13. H. 4. fol. 15. If a man be convict of Heresy, and be delivered to the Lay power, his Goods are forfeited, though that he be not put in execution; but his Lands he shall not forfeit, unless he be put to death, Doctor and Student, fol. 14. One killeth himself, he shall forfeit his Goods and not his Lands, 3 Ed. 3. Tit. Coron. 201. 8. Ed. 2. Tit. Corone. 420. The Goods of them which hang themselves are confiscate, 8. Ed. 4. fol. 4. One put to his penance shall not forfeit his Lands but Goods, 14. Ed. 4. fol. 7. For petty The every one shall forfeit his Goods, but not his Lands at this day, 8. Ed. 2. Coron. 406. 22. Book of Assizes, 41. the same, 27. H. 8. fol. 27. If Tenant in Tail be attaint of Felony or Treason, he shall forfeit his Goods, but his Issue shall have his Lands: but by the Statute of 5 & 6. of Ed. 6. chap. 11. For high Treason Tenant in Tail shall forfeit his Lands, 7. H. 4. fol. 33. By Outlary in Debt or Trespass, the outlawed shall forfeit his Goods but not his Lands but the King shall have only the profit of his Lands, 21. H. 7. fol. 7. Yet the party outlawed may make a Feoffment, and it is good, 9 H. 6. fol. 52. verbatim. One killeth a man and flies, therefore his Goods are presently confiscated; and see Stamford, fol. 183. Upon a making flight, found, though afterwards he be acquitted, he shall forfeit his Goods, 8. Ed. 2. Coron. 390. If an accessary before the Felony fly, he shall forfeit his Goods, but otherwise of him that is accessary after the Felony, Stamford, fol. 47. the same, 4. H. 7. fol. 19 Where in arrest for Felony, one is slain in flying the arrest; he which is slain shall forfeit his Goods, and yet he was not attaint, Stamford, fol. 46. Lands which a man attaint hath at the day of the Felony done are forfeited, but no Goods, but those which he hath at the time of the Judgement. By an Outlary in Felony he shall forfeit his Chattels; but if one give them before the exigent they are not forfeited, 47. Ed. 3. fol. 24. A man attainted for Felony shall forfeit his Lands, which he hath at the day of the Felony done, otherways it is of his Goods; for if he sell them before the attainder, the sale is good: but note, that they are not given by Covin to defraud the Queen, for then the Gift is not good, as I intent, 33 Ed. 3. Tit. 30. To the Goods of one attaint, it shall have relation, but to the Judgement and Conveyance of them before is good, by Perkins fol. 6. If one commit Felony, and is attaint, and in the mean time betwixt the Felony made and the attainder, he departs with his Goods, this Gift is good, Stamford, fol. 48. the same, Stamford, fol. 192. The Town where the Goods of Felons and Fugitives are, shall answer for them always, and the Sheriff may seize the Goods, but not carry them away till he be attainted, for he shall have them to live upon, Stamford, fol. 47. And that no Sheriff, Rastal, forfeiture 14. Bailiff of a Franchise, nor other person, aught to take or seize Goods of any person arrested, and imprisoned, before the same person be convict or attaint of Felony, according to the Laws, or that the same Goods be otherways forfeited, upon pain of double value to the party grieved: and note, who is the party grieved, and that is they in Prison, and not out; but he cannot seize his Land, 1 R. 3. chap. 3. By Hull, where a man is indicted of Felony, his Goods shall not be removed out of his house, before he be attainted, for he shall live of his Goods, 7. H. 4. fol. 48. Officer ought not to seize Chattels of a Felon before attainder, but to sequester them that they shall not be stolen, and to make the party find Surety, that they shall not be conveyed away, and if he do not, to put them into the hands of neighbours to keep, 43 Ed. 3. fol. 24. See Stamford, 192. for the time of Forfeiture, Relation. Now for that, that divers Lords of Leets have divers Liberties and Privileges, and some are by the Kings Grant, and some by Prescription; let us see what Liberties and things the Lord may have by the Kings Grant, and what not; and what Liberties and things he may have by Prescription only, but not without showing a Charter, and what he may, and then who shall have without showing allowance, and who not. THe Lord cannot have the Goods of Felons but by Charter and Grant of the King, and not by prescription; but the Lord may have weif and stray by prescription, 21 H. 7. fol. 32. One cannot prescribe to have the Goods of Felons and Fugitives, and to have that by prescription, without showing a Charter, but to have weif, and stray, and wreck of the sea, he may have by prescription only, 9 H. 7. fol. 20. Abridg. Assizes, fol. 78. 2 Ed. 3. Fitzh. Coron. 241. One may have (in fangtheef) that is to say, to have Theives taken within his Lordship, to be adjudged in the Lord's Court; and also (out fangtheef) that is to say, Theives of your own Land, to be adjudged in your Court by prescription, 46. Ed. 3. fol. 16. A man cannot have the Goods of Outlaws, unless it be by Charter. Abridgement of the Book of Assizes, fol. 78. Your Lord may prescribe to hold plea, and to have that by prescription only, but you cannot prescribe to have Conusance of plea by prescription only, without showing the Charter of the King, 9 H. 7. fol. 10. One may prescribe to have a Park and a Leet, and that by prescription only, and may have that without showing allowance in Eire, 1. H. 4. fol. 5. A man cannot have the Chattels of Fugitives without the Charter of the King, for it is a thing of the King's Prerogative, 46. Ed. 3. fol. 16. The Abbot of Westminster prescribes to have Sanctuary for Felony and Treason, and to hold pleas, and could not, without showing a Charter dated before memory, to prove the beginning of that; and for that, that this is against common right, he ought also to show allowance of that after the time of memory: but he may have weif and stray, and view of Frankpledge by prescription only, and without showing allowance; but otherwise it is to have the Goods of Felons and Fugitives, 2. Ed. 4. fol. 21, & 22. Note, that the things that you may have only by prescription of common right, you shall have without showing allowance, and the other things not without showing allowance. The allowance which you ought to show, shall be that which was allowed in the King's Bench, or in Eire, and not in the Common Bench. Ancient grant of the King shall be taken, as it hath been allowed, as the King hath granted to one his royal Rights, and the King is concluded by the allowance in a Quo Warranto, in the King's Bench, and not in the Common Bench, 10. H. 7. fol. 13, & 14. Charter of H. 2. dated before memory, and allowance of that showed after memory in the Common Bench; it is not good at this day, unless it be in Eire, 21. H. 7. fol. 29. The King's Bench is Eire, and more than Eire; for if the King's Bench cometh into the County where the Commission in Eire is, that shall cease, 27. Assize, 1. Grant of the King. Where the King hath granted to you by his Charter (the Goods of Felons) and Fugitives, what things pass by this Charter, followeth: ALlowance in the Common Bench is not good, and allowance shall be within memory, 9 H. 7. fol. 16.1. H. 7. fol. 23. In the time of H. 8. Tit. Grants, 364. If the King grant Reversion, and mis-recite the date of the Lease, but recites well the Estate, the thing, and the name of the Lessee, it is a good Grant. 8. H. 7. fol. 4. Where the King upon information of the party, grants a Manor, and recites that he had it by Forfeiture, and hath it not by Forfeiture, it is a void Grant, for the King is deceived; so it is said, where the King grants a Reversion where there is no Reversion, he is deceived and void. 26. H. 8. fol. 1. The King recites for the good service he hath done in the Wars, he grants, where he was never in the War, it is a good Grant, for the recital is a matter in deed not material. 9 H. 7. fol. 27. Where the King grants upon a Petition for his service, such a Manor of such a value, where it is of a greater, he is deceived, and it is void. 9 H. 7. fol. 2. If the King makes one a Denizon, and reciteth where he was born in France, where in truth he was born in Spain, this Grant and making him Denizon is a good Grant, and the recital is not material. 9 H. 7. fol. 2. Diversity where the King of his mere motion, grants, and recites, that what he hath granted by his Patent, he ratifies, and confirms, the King is estopped to say the contrary, but that he granted and ratified that: but if it were (as I am informed) he is not estopped, and the King is deceived. 37. H. 8. Tit. Patents, 10. It is said for Law, that false consideration in Letters Patents shall not avoid them; as where the King for ten pounds to him paid, giveth such Land, and the ten pounds' consideration is not paid, the Patent is not void. Contrary of a Patent made upon false surmise, as that the Land came to the King upon the attainder of J.S. and it is false, the Patent is void. 6. H. 7. fol. 13. If an Office be granted by the King to one for life, and after the King grants that to another, and do not recite the first grant, the King is deceived, and the second Grant is void. The King grants to you (the Chattels of Felons and Fugitives, for whatsoever Offences) you shall not have the Goods of one that stands dumb, for these are Forfeits for Contempt, and this Grant shall be taken strictly, because it rusheth upon the King's Prerogative, 8. H. 4. fol. 2. The King grants to one the Chattels of Felons and Fugitives, and of whatsoever Offenders, the Granter shall have the Goods of him attaint for petty Treason, and not for high Treason by these general words (for what Offences soever) 22. Book of Assizes, 40. If one kill the King's Ambassador, this is high Treason, and for that he shall not have his Goods, but Goods of one attaint for petty Treason, by the Grant (of Goods and Chattels of Felons and Fugitives, and for whatsoever Offences) he shall have, for that is Felony, 22. Book of Assize 49. Where there is a Grant to you by a common person (all his Goods) A Lease for years, nor a Ward pass not, for (Goods) are Movables, alive and dead, and not Chattels, 4. Ed. 6. Brook Grants, 51. And for that the King grants (all the Goods of Felons) you shall not have a Lease for years of one attaint, for it is a Chattel real, Brook, Done, 438. Plowden, fol. 424. Where one grants all his Lands and Tenements to one, there a Lease for years may pass, where the King grants (all the Goods and Chattels of Felons of his men) that is but his own Tenants, unless it be an ancient Grant, and the Grant put in use of other Tenants, also 40. Book of Assizes, 41. If one grant all his Goods, as well living as dead, a Rend charge, which the Grantor hath for years, passeth by this Grant, 39 H. 6. fol. 37. Where Chattels are granted to one, by this he hath as well Chattels moveables as not moveables, for a Lease for years is within this word Chattels, as it appears by Bracton, Stamford, fol. 44. Prerogative. Where Chattels are granted to one, he shall have the Corn of a Felon, growing upon the Land of a Felon, at the time of the Forfeiture, and right of Actions to the Goods, as where Goods by wrong are taken from a Felon, and where one is indebted to a Felon by Obligation, or is accountable to a Felon for any Receipts, Stamford, 45. Prerogative. The King may have Debt due by Obligation to a Felon, and not which is due by Contract, 16. Ed. 4. fol. 4. Chattels. IF a Disseisor sow the Land, and sever that before the Disseisee re-enter, the Disseisee cannot take the Corn, for they are Chattels, and come by his industry, but otherwise it is of Trees cut by the Disseisor, and made in Faggots, or Grass made in Hay, which come by the Soil, 5. H. 7. fol. 16. and 2. H. 7. fol. 2. the same. 39 Ed. 3. Tit. The Writ is of Goods and Chattels, and the Count of Corn, and ten pounds in money, and for that that money is not Goods and Chattels, he abridged that. 7. Ed. 6. Tit. Grants, 55. A man grants all his Lands and Tenements in D. a Lease for years doth not pass, that is, where he hath Lands in fee in D. and also a Lease there. 37. H. 8. Done, 41. It is said for Law, that if a man give all his Lands and Tenements in D. by this a Lease for years doth not pass, for (Lands and Tenements) shall be intended, at the least. 10. Ed. 4. fol. 1. If an Executor give all his Goods and Chattels, the Goods of the Teslator do not pass and clear, the Giver shall not forfeit them. 28 H. 8. fol. 4. by eliot, If a man give all his Goods and Chattels, Hawks nor Hounds do not pass. 18 Ed. 4. fol. 14. For that they are of a wild Nature. 9 H. 7. Tit. Grants, Brook, 87. If a man hath Lands in Lease, and is seized of other in fee, and make a Feoffment of them both, and Livery only in the Land in fee, the Land for years doth not pass. 8 Ed. 4. fol. 4. by Pigot. Where a man gives to me a Deed of Feoffment, than I have not the Land, that is but a Chattel in me. 39 Ed. 3. Tit. Charters, 6. A man granteth the next Advouson to J.S. and his Heirs, it is but a Chattel, for it is but for one turn; the same Law for a Lease to him, and his Heirs for twenty years, 136. the same, Book of Assizes, 22. 21 H. 7. fol. 26. A man seized in fee maketh a Furnace of Lead in the midst of his House, which was fixed to the Walls, and died, the Heir shall have that, and not the Executors, for it is fixed to the , and not a Chattel; the same Law is of Fats fixed in a Brewhouse or Dyhouse; and at this day is the like of Glass, though there it was held the contrary; but it seemeth where the Termor fixeth such things, he may take it within the Term, but after the Term not; and the Heir shall have Table-dormants, and those things which cannot be attached in Assize. Stamford, 45. Chattels are as well Chattels moveables as not moveables, and Leases and Chattels are the Corn growing, and right of Action, and an Obligation made to a Felon, and Money out of a Bag, and Corn out of a Sack, are Chattels. 10 Ed. 4. fol. 1. It seemeth where one gives all his Goods and Chattels, the Charters of the Giver doth not pass: See 4 H. 7. fol. 10. 38 Ed. 3. Tit. Charters, 24. It seemeth that Charters are but Chattels. 8 Ed. 4. fol. 4. If one give to me a Deed of Feoffment, whereof I have not the Land, this is but a Chattel in me. 21. Ed. 4. fol. 80. Writings may be laid to pawn for Money borrowed, by which it seems that Writings are Chattels in divers Cases. 37. Assize, 11. A Woman hath Execution by Statute-Marchant of Land, and takes a Husband, this is a Chattel, and for that the Husband may give it. 24. Fd. 3. Tit. Charters 5. by Thorp, The Escheator may seize the Ward, though there be no Office found, for it is a Chattel, and vested in the King without an Office. 4. H. 7. fol. 10. Where Tenant in Tail discontinues and dies, the Deed in Tail belongs to the Heir, before he hath recontinued his Estate in the Land, and it is no Chattel, but an Inheritance; for if one give all his Goods and Chattels he shall not have such Deeds. Now let us see that the not using of Privilege and Liberty is the cause of ceasing of that, and where not: I intent not using of Liberty, which is for the benefit of the party, this is no cause of ceasing, but where it is for the Commonwealth; not using is a cause of ceasing, and misusing is a cause of ceasing for ever. IF one have Liberties and do not use them within memory, all is gone, 14. H. 7. fol. 1. Not using of the Office of Clerk of the Market, is cause of ceasing, for that is for the Commonwealth, 2. H. 7. fol. 11. By Billing, by misusing, and not using also of Market shall cease, 2. H. 7. fol. 11. & 15. Ed. 4. fol. 7. Where the Abbot of S. Alban had a Gaol by Franchise, and would not be at costs with the Justices of the Gaol-delivery, to make Delivery of Prisoners, and kept them long in Prison, for that it was seized into the King's hands, 8. H. 4. fol. 17. If the Lord of the Franchise refuse to do a thing commanded by the Court, as to bring in his Prisoners, it is a forfeiture of his Liberty, contrary where it is commanded by proceffe, by Hussey. If a Lord refuse to do right, or misuse his Franchise by himself or by his Bailiff, or Deputy or do not use his Franchise, that shall be reseised, and all Lords which have franchises shall attend upon the Justices of Assize in person, or by their Bailiffs or otherwise they shall forfeit their Franchises 20. Ed. 4. fol. 5. Confirmation. NOte that there need be no Confirmation of a Charter of grant of Liberties, after the death of every King as it is used, 1. R. 3: fol. 4. But otherwise it is of Officers judicial, 33. H. 8. tit 203. If the King grant the Chattels of Felons to one and dies, there need no confirmation of that, otherwise if there were a Fair or a Market granted, or a judicial thing or a ministerial Office granted. Suit. Then the next branch of Charge is Suitors and for that let us see, who are resident which ought to make Suit at the Leet and who not. Suit real is at a Leet, Residents. and this is by reason of their residence, 12. H. 7. fol. 17. Eitzh, 160. B. A man which is not resident but hath Lands within the Leet, shall not be destreined, (but where he is dwelling) to make suit to the Leet, Marlebridge chap. 10, Who have Tenements in divers Hundreds, have no necessity to come to these Turns, unless in the Bailywicks where they are dwelling where the Master is resident, and also his Servant in some Leet as well the Master as the Servant, 2 H. 4. fol. 17. Men of Religion, Clerks, Knights, nor Women shall not be Deciners, Fitzh, fol. 160. C. Register, fol. 181. Britton fol. 19 It is provided, that they have no need to come, Rast. County 2. Arch-Bishops, Bishops, Abbots, Priors, Earls, Barons, nor any religious Men, or Women, Marlebridg chap. 10. A man shall not make Suit twice to two Leets of several men for his residency, but one time to one and another day to another he may, but one may come twice to the Leet of one person, and yet may be charged to come to the Turn of the Sheriff, 18 H. 6. fol. 13. Every man ought to be attendant to a view of frankpledge, 21 Ed. 3. fol. 12. For that the not scouring of Ditches adjoining to High ways and Bridges, and also other annoyances in ways are presentable in Leets, and is another branch of the Charge, let us see how they shall be done and what by the Common Law and what now by the Statutes. Ways. IF a man have Land adjoining to the King's High way he is charged of common right to cleanse the Ditches without any prescription, 8 H. 7: fol. 6. but if he be not next adjoining, it is otherwise, for there he is not chargeable without prescription, but it is said, that he whose land is next adjoining to a Bridge, Purprestures. is not held of common right to repair the Bridge, though the Bridge have been there time out of mind, unless he have that made by prescription. Magna Charta, Rastall. Banks 2. Bridges. Rastall. Bridges 1. chap. 15. No Town nor Freeman shall be distreined to make Bridges unless that of old they use to make them in the time of King H. our Grandfather, the Statute of 22 H. 8. chap. 5. Gives power to the Justices of Assize to determine the making of Bridges, where it cannot be held and proved what person certain aught of right to make such decayed Bridges, and what shall be made by the Inhabitants, or riding where such decayed Bridges are, by which it appears, that he which hath Land adjoining to a Bridge, is not chargeable to make the Bridge unless it be by prescription. 2 Ed. 4. fol. 9 By Moyle if any encroachings be made over the King's Way as by a Ditch, House, or Wall, it shall be punished by presentment in the Leet, and I collect upon the opinion of this book, and upon 8. Ed. 4. fol. 9 And upon 27. H. 6. fol. 9 and upon 6. Ed. 3. way 2. Where a Lord of a Manor hath Land upon both parts of a High way, that he shall have the Trees growing in the High way, and also where a way is over a waste of the Lords, Way. but where a Freeholder hath Land of each part of the High way, he shall have no Trees growing in the Highway, and where he hath Land joining but upon one part of the way he shall have no Trees growing upon that half of the way, 2. Ed. 4. fol. 9 But Britton fol. 111. Saith, that a Frecholder shall have Trees if it be not in the common High way. He which doth not scour his Ditches adjoining to a Highway, Ras. High ways 6. aught to forfeit for every rod not made 12 pence every time 18. Eliz. chap 10. and before that by the common Law he which had Land adjoining to the High way, aught to scour his Ditches adjoining to the High way. It is provided that the Hedges, Fences and Ditches next to either part of the High ways or common travelling Ways, shall be from time to time scoured and repaired, Ways. and that all Bushes and Trees in them growing shall be cut by the owners, and by, 8 Eliz. chap 10. for not doing of that, forfeit ten shillings, and these points of the said two Statutes are inquirable in a Leet, 5 Eliz. c. 13. Commission may be awarded for not repairing Bridges, Fitzh 113. a. and 127. d. By Shelley, If one do not cleanse his Ditch but suffer that to drowned the high way he shall be amerced, 12. H. 8. fol. 19 And note that injuries made in the High way are presentable in Leet, as it follows, but not injuries in private ways, but the party grieved shall have an Assize of Nuisance or an action upon the case, if he have no freehold, and yet it is used to inquire if one stop private way, but it is to no purpose, if it be not for evidence in an Assize of Nuisance as an inquest of Office, but it seemeth to be good between Copy-holders', which cannot have an Assize of Nuisance; nor an action upon the case for stopping a way and the pain upon that is good to be assessed. By Fairefax, A Leet hath power to inquire of common annoyances, but not of particular, as if one stop my private way, or break my Close, that is not inquirable, A. 3. fol. 1. If a High way be not repaired, so that I be damnified by miring my Horse, I shall not have an Action for that, but a presentment shall be of that in a Leet, see 27. H. 8. fol. 27. and 5. Ed. 4. fol. 3. If one sow my private Way to my Meadow, I shall have an Assize of Nuisance; and it is not presentable in Leet, and where he streigrens it, action upon the case lieth, 33. H. 9 fol. 29. The same Law of my way stopped to the Church, 6 Ed. 4. fol. 37. If one stop the water running to my Mill, I shall have an Assize of Nuisance and it is not presentable in Leet, 2. H. 4. fol. 12. The of a High way is to the Lord, and passage for the People is to the King, and punishment for annoying of that may be to the Leet, 6 Ed. 3. way 2. and 2. Ed. 4. fol. 9 In a High way, the King hath but passage for him and his People, but the and all the profits are to the Lord of the Soil, as Trees, etc. the King shall punish annoyance made there, and the Lord shall have an action for digging the Land there, 27. H. 6. fol. 9 and 8. Ed. 4. fol. 9 He which hath Lands adjoining to the way hath the half of the way, unless it be a common High way, for there it is otherwise, for there it is to the Lord, Britton fol. 111. King's High way is that which leadeth from Town to Town, and common way is that which leadeth from a Town to the Field to their Lands, 3. Ed. 3 Statham. Tit. Ways. It seemeth there are royal Ways, or High ways, common ways, and private ways, and to stop private ways an action lies. Fitzh 124. If one be disturbed from his way he shall have a Quod permittat, B. to have a certain way over the Land of the said A. in D. as he ought and was wont. 33. H. 6. fol. 29. It seemeth where my way is straitened or impaired I shall have an action upon the case, but if it be all stopped I shall have an Assize of Nuisance, but by Prisot, if the stopping of the way be by the Land Tenant, Assize of Nuisance lieth, But if it be by a stranger an action upon the case lieth, but of a common annoyance that is made in the Royal way, none shall have an action but present that in a Leet, or _____ and set a Fine upon him for the King, and by Prisot I shall have an Assize of Nuisance or a Quod permittat, against all the Tenants, though but one of them stop the way. 5. Ed. 4. fol. 3. If a common way be, and is not repaired by him which ought to do it, so that I be in loss by that, I shall not have an action; but by way of presentment in Leet, etc. 27 H. 8. fol. 32. see there. Fitzh 184. Assize of Nuisance, he stopped the way or straitened the way in D. to the hurt, etc. it lieth, 48. Ed. 3. fol. 27. Arctavit viam a good form. 11. H. 4. fol. 81. etc. Where one hath a way over a Bridge to his Manor, which another aught to repair, and he suffers a decay, so that he cannot pass, action upon the case lieth. Fitzh 183. Assize of Nuisance lieth where a man hath made an annoyance to my which I have for my life in Tail, or in Fee, and so it followeth that a Termer for years shall not have an Assize but an action upon the case, see, 27. H. 3. tit. Assize 437. If one let Lands for years, and after an annoyance is made, the lessor shall have an Assize and not the Lessee. 11. H. 4. by Hank and Culpepper if a man hath a way, unity extincts it, 3. H. 6. fol. 42. 21. Book of Assizes 1. Where a way is extinct by unity of possession in the Father yet it may be afterwards revived by partition with Composition, for the Composition makes that, and it is called a new way. 5. H. 7. fol. 7. A Way belonging cannot be made in gross by grant, for none may have the Commodity of that, but he which hath the Land to which the Way is appendent, the same Law of common appendent, but otherwise it is common appurtenant. 26 H. 8. fol. 4. Appendent cannot be aliened and severed in Drifts and Ways to Closures, yet the Free-Holder shall have the Trees, but commonly in high way there is some waste in which the Tenants have common of pasture, and the Trees growing there are to the Lord of the Manor. 17. Ed. 3. fol. 43. Is, that the and the Soil of a high street is in the Lord of the Manor, and the People have nothing there but the passage, and 8 H. 7. fol. 5. by Keble, the Soil and in the way is to those which have Land adjoining. 2. Ed. 4. fol. 9 Where there is a common way throughout a Field, the of the Soil is to the Tenant of the Land adjoining and not to the King, for he hath but passage for his People. Incidents. A Man cannot dispense with a Suit to a Leet unless by special words, 8. Ed. 2. tit. 28 2. H. 7. fol. 4. Partition is made of four Manors which descend to four coparceners, that every one shall have a Manor except the Advowson, and by that the Advowson is engross and severed, and if all die but one, it shall be appendent again. 8 H. 7. fol. 1. By grant of a hundred, Leet passeth as Incident, for a Hundred cannot be without a Leet, for a Leet is parcel of it, and to a Manor a Court Baron is Incident and to homage fealty, and to a Fair a Court of Pipouders, and it seemeth these cannot be severed. Perk. fol. 22. Common appendent cannot be severed, nor Estovers to be burned in a House, but a Villian regardent may be severed, and an Advowson appendent and made in gross, for an Incident inseparable cannot be severed by grant, as in the case next before, but Incidents separable may be. 40 Ed. 3. fol. 22. Beasonable aid, to make his Son Knight or to marry his Daughter and relief, for soccage after the death of his Tenant cannot be released by general words, therefore release of all actions and demands besides fealty and Rent by the Lord to the Tenant, shall not extinct these Incidents, the contrary is said, if it be by special words. 19 H. 8. tit. Incidents 34. Courtbaron is so incident to a Manor and Court of Pipowders to a Fair, that they cannot be severed by grant, for if they grant the Manor or Fair they cannot reserve such Courts. 7. Ed. 4. fol. 11. Lord and Tenant, the Lord releaseth to the Tenant the distress, this is void, for the distress is Incident, the same of release of Fealty to him which holds by Homage, for Fealty is Incident to Homage and is inseparable. 26. book of Assizes 66 Lord and Tenant by Fealty, Escuage and Rent, and the Lord grants the Rent, this is Rent seek and severed, for Fealty remains with the Homage as Incident to it, the same Law where a Rent is Incident to a Reversion, and yet these may be severed by special grant, 29. book of Assizes 20. the same, Littl. fol. 40. Where the Tenant holds by Homage Fealty and Rent, if the Lord grant the Rent, saving to him the Homage, this Rent is Rend Sack and severed, the same Law if he grant the Homage, saving the Rent, and where he holds by Rent and Fealty, and grants the Rent saving the Fealty, or left for life rendering Rend, and grants the Rent saving the Reverson, the Rent is Seck. Rescous and pound breach is another branch of the Charge. HE which destraines Beasts may put them in a close House if he will give them meat, for the putting into the open pound is that the owner may give them meat, 33. H. 8. tit distress 66. If a man destraine without cause, the owner may make Rescous, but if he put them into the pound, he cannot break it, for they are in custody of the Law, see 40. Ed. 3. fol. 33. and Fitzh fol. 102. E. It seems if a Lord destrain where Rent is not behind, the Tenant shall not make Rescous, 4 Ed. 6. tit. distress 74. If a man destraine wrongfully, the owner may make Rescous, 5. Ed. 4. fol. 7. by Danby, 39 Ed. 3. tit 20. If Beasts put into the pound die, it is at the loss of the owner, though he have tendered sufficient mends, for he might have a Replevin, Doctor and Student, fol. 8.113. I may impound a dead thing where I please, but if that corrupt by my default I shall answer for it, 9 Ed. 4. fol. 2. Fitzh 102. L, If the Lord do destraine where is no Rent nor service behind, the Tenant cannot make Rescous. 9 Ed. 3. fol. 35. If a man destraine wrongfully, the owner of the Beasts may make Rescous, but by 4. Ed. 6. it was agreed, if he destraine and impound them the owner cannot take them out, for they are in custody of the Law, 5. Ed. 4. fol. by Danby the same. 2. H. 4. fol. 18. If a man destraine my Beasts, which escape into his Land out of the great waste, I may rescue them, but if I keep them, or put them there, or by Hankford, if I have notice, that they use to go there, this is no escape, and there I ought not to make Rescous, see, 7. H. 7. tit. 1. 2. H. 4. fol. 24. In Rescous, nothing behind, and also that he was never seized and are good Pleas, Quere. 5. Ed. 4. fol. 7. Seizing is not Traversable in Rescous by opinion there, 6. Ed. 4. fol. 12. The same, 8 H. 4. fol. 1. 21. H. 4. fol 40. By the Court where the Lord comes to destraine and sees the Beasts, and the Tenant perceiving that, chaseth the distress out of his Fee, the Lord shall not have a Writ of Rescous, for he hath no possession of the Beasts, but he may follow them and destraine them, but if they were chased out of his Fee before the Lord see them, there he cannot destraine them, 44. Ed. 3. f. 20. the same, Fitzh N. B. 102. G. 33. H. 6. fol. 58, A man attacheth a Horse in a corporate Town, and there he is rescued, and chased into another County, upon fresh Suit the Officer may take him again. 6. Ed. 4. fol. 12. By Yeluerton, in Rescous, nothing behind is no Plea, for if the Lord destraine, where no service is behind, the Tenant is at no mischief for the Tenant may have a Replevin, and in this Writ recover his damages. Fitzh 101. Rescous lieth where a man destraines for Rent or for services or damage doing, and those would impound, and another Rescues them, and if a Collector or under Collector distrain for a fifteenth or a Bailiff or a Sheriff or other Officer distrain for the King, and Rescous is made, they shall have a Rescous and not the King, but if a Bailiff of a Liberty distrain for the King and Rescous is made, the Lord of the Liberty shall have Rescous, and if the Bailiff or Officer of a common person distrain, Rescous is made, he which causeth the distress to be made, shall have Rescous. 39 H. 6. fol. 42. Redisseisin to Coroners, and one alone maketh a precept, Rescous upon that is Justificable. Assaults and Frays. For that, that Assaults and Frays are inquirable, let us see which are punishable in a Leet, and what not. AS Saults are not inquirable and punishable, by presentment in Leet, but bloodshed is, 8. Ed. 4. fol. 5. By Fairefax, Leet hath no power to inquire, but of those which make common annoyance at the common Law; as of Affrays and bloodshed, but not if one hath broken my Close, or if one hath beaten me, but if any Affray were, so that the King's People were disturbed, for that is more than particular, 1 R. 3, fol. 1. If one come to make a Boothe, and doth it not, and yet one maketh a Fray upon him, and upon him draw blood with his Sword or Dagger, it is punishable by presentment in Leet, 11 H. 6. fol. 29. If one assault to beat you, and you fly and he enclose you, or if you be at Hedge or Ditch and then you beat him and wound him, this is not punishable in a Leet, 34 H. 6. fol. 8. and 33. H. 6. fol. 20. If J. S. makes an Assault upon a Stranger, and J. D. draws his Sword and beats and wounds J. S. in defence of the Stranger, this is punishable by a presentment in a Leet. But if a Servant beat and wound one which maketh an assault upon his Master in defence of his Master, he is not punishable by presentment in Leet, 12 H. 8. fol. 3. and 9 Ed. 4. fol. 51. If one lay his hands unlawfully upon any, unless that he arrest him, or part two that fight, he is a trespassor, but that is not punishable by presentment in Leet, 9 Ed: 4. fo. 3. If one beat one in defence of his Goods this is not punishable in a presentment in Leet, Book of Entries fol. 553. and 19 H. 6. fol 21. Trespss of Assaults and Frays. TRespass by a Chaplain of Gray's Inn, the Defendant pleads of his own Assault, and it was held, if he upon whom the Assault is made can escape with his life, it is not lawful for him to beat the other which made the Assault, but it is held, that I ought not to stay, till the other hath given me a blow, for paradventure he cometh too short, 2 H. 4. fol. 9.10. Ed. 4. fol. 7. Trespass of Grassetrod, and threatening of life and member, a man cannot justify the menace of death, and for that to that he pleads not guilty, 21 H. 6. tit. 26. the same. 33 H. 6. fol. 20. Trespass of Threatening by Prisot, I cannot threaten one of Life and Member, but if he upon whom the Assault is made fly, and the other followeth him so near that he cannot escape, or hath him under him upon the Ground, or hath chased him to a Wall, Hedge, Water, or Ditch, there it is lawful for him to say, if you will not departed that he to save his Life will kill him. 3 H. 4. fol. 8 Trespass of Assault, Imprisonment and Battery, Defendant plead to the Battery not guilty, and to the Assault, that the Plaintiff came to such a River; where the Defendant had a Mill, and would have stopped the River, and the Defendant took him by the Arm, without that, that he made other Assault, and to the Imprisonment, the Defendant pleads that the Plaintiff Assaulted him, and would have beat him, by which he prayed the Constable to arrest him, and he came in aid of him, judgement if action and good. 22 H. 6. fol. 48. Trespass of a Servant beaten and Entry into his House, year 7 H. 6. Defendant saith that year 8 H. 6. he served a Subpena, upon the Plaintiff, and that the Plaintiff and the Servant took him, and carried him to his House and there detained him half a day which is the same Trespass, and to any Trespass before not guilty, to the Battety of his Servant, which was of his Assault at another day and to any Assault before not guilty. Bracton saith, he is not worthy of Peace, which will not keep it, Stamford fol. 30 a. 40 Ed. 3. fol. 40. Trespass of Assault and Battery and found the Assault only, and Plaintiff recover, but shall not have action of Assault only, 42 Ed 3 fol 7 the same, and see 22 Assize 60. 9 Ed 4 fol 30 Trespass of Battery, it was held that if a man will take my goods, I may lay my hands upon him, and rather beat him then suffer him to carry them away, 19 H. 6. fol. 33 the same, that he may beat one in defence of his Goods. 19 Ed 4 fol 189 Trespass of Battery, a man may Justify the beating of another in his defence but by Catesby a man cannot beat another in defence of his Son, but a Servant may beat one in defence of his Master or Mistress, 21 H 7 fol 39 the same. Mortmain. Mortmain is inquirable in a Leet, for that it is for the benefit of the King and in the Kings Court. What is Mortmain within the Statute and what not. WHere one Abbot aliens to another Abbor, or Bishop to another Bishop and his Successor, it is Mortmain, Fitzh fol, 222, D. 16, Assize 1. Where Land is divised to one to pay twelve pound to find two Chaplains for ever to sing in the Church of Saint Albans in Wood street for ever, if it be behind, that the Chaplain may distrain, that is Mortmain, see 32, Ed, 3, 10, and 40. Assize 29. J. S. deviseth certain Land to his Executors, that they should provide a fit Chaplain in the Church of D. to celebrate for ever, which Chaplain, shall receive yearly out of the aforesaid Lands six marks, that is no Mortmain, for nothing is divised to the Chaplain, 4, Assize 27.43, Assize 27. Four Acres were devised to one in Fee, so that he and his Heirs should pay yearly six pound for the maintaining of one Chaplain to celebrate yearly for ever in the Church of Saint leonard's in Estcheape, and that the Rector for the time may levy it for ever, that is Mortmain, 43 Assize 33. J. S. deviseth Land and two shillings Rend, for the maintaining of a Chaplain in the Church of D. yearly to celebrate, and I will that my Executors should ordain the aforesaid Chaplain, and the Executors do nothing, therefore no Mortmain, 43 Assize 34. If a Villain of a Bishop purchase Lands in Fee, and the Bishop enter without licence it is Mortmain, 41 of Assizes 4, Fitzh 224, B. 41, Ed. 3. fol 16. If a Feoffment be made to the use of a Bishop and his Successors, it is within the Statute, De religiosis, and so it is where he takes profits, 8, Ed: 4. fol. 18. A Bishop cannot appropriate an Advowson of which he is seized in Fee without the King's licence, and if he doth it is Mortmain, Fitzh 223 H. see 21 Ed. 3. fol, 5. seemeth contrary. If one let to a religious man for a hundred years, and so from a hundred to a hundred, during eight hundred years, this is Mortmain, but it seemeth that a lease to a Religious man for eighty years or for a hundred years is no Mortmain, but in the first case it is by colour of a Term, and Mortmain 29 H, 8, Mortmain, 39 Lease for eighty years to an Abbot by Martin is Mortmain, Quere, 4 H. 6. fol. 9 The Tenant lets for life to J. S. the Remainder to a Religious and his Successors, the Lord need not to make claim till the Tenant for Life be dead, for if he in Remainder will wave, this is no Mortmain, for if the Tenant will make a Feoffment in Fee to the use of A. for life, and after to the use of a Religious man and his Successors, that is not Mortmain, till the Tenant for life in use dieth, and he in Remainder takes the profits, 29 H. 8. Mortmain 37. Lord and Tenant. Where one gives in Mortmain, he ought to have licence of the King to do it, and of the chief Lord, otherwise they may enter for Mortmain, and before the licence there ought to issue out a Writ of (Ad quod damnum) to the King, but is used to omit that and to have the licence, without any Writ of (Ad quod damnum) Fitzh 221, K. Where an Abbot holds of I, S. by five shillings and J. S. releaseth to the Abbot, this shall go by extinguishment, and for that it is no Mortmain, 22 Ed. 3. fol. 22. 47 Ed. 3. fol. 10. If alienation in Mortmain be, and the Alienee is disseised, and the Disseisor dieth seized his Heir is in by descent, yet the Lord may enter within the year, for he hath but a Title of entry and cannot have an action, but contrary of him which hath a Right of Entry and may have and Action. 39 Ed. 3. fol. 38. Lord and Tenant, the Signiory is granted to A. in Taile, the Remainder to B. in Taile, the Tenant Alien in Mortmain, the first Tenant in Taile cannot enter within the year, and after the second Tenant in Taile die without Issue, and B. in Remainder enter within half a year, and held that he could not, for the Tenant in Taile and he in Remainder have but one Signiory, and are but one Lord, and both shall have but one year by the Statute. Fitzh 223 E. If a man will exchange Land with an Abbot or other body corporate, that is Mortmain, and he ought to have a Licence. Fitzh 222 If an Abbot give Lands to another Abbot or a Corporation it is Mortmain, and aught to have a Licence and (Ad quod damnum) shall be sued, and see the (Ad quod damnum) 221. R. 48 Ed. 3. fol. 29. Abbot purchase Lands with warranty by Licence, and is impleaded and vouch, etc. and Judgement is given against the Abbot, and he recovers over in value, it is not Mortmain for the Lands recovered in value, and he ought not to have licence of the Lands recovered in value, for the first licence serves in that, see, 45 Ed. 3. fol. 18. Where an Abbot recovers in value. 9 H. 6. fol. 9 If an Abbot have Rend out of my Land, and I grant to him that he may distrain for the same Rent in other Land, this is no Mortmain, for he hath nothing but ancient Rent, and for that it is no Mortmain. 3 Ed. 4. fol. 14. By Laicon the Statute of Religious, holds place of common and Rend charge, which is no Land nor Tenement, and yet the words of the Statute are Lands and Tenements. 25 H. 8. tit 37. Lord and Tenant, the Tenant lets for life to J.S. the Remainder to an Abbot and his Successors; The Lord need not to make claim till the Tenant for life be dead; for if he wave the Remainder it is no Mortmain; and held that the Appropriation of an Advowson without licence is Mortmain. Fitzh: 211. The King may give licence to his Tenant to alien in Mortmain; for he may dispense with the Statute, but a common person cannot, but the King and the Mesne Lords may give licence to a Tenant to alien in Mortmain; for the Statute was made for the advantage of the Lords, and they may dispense with it. Treasure Trove. TReasure hid in the ground, and found, belongeth to the King; and if it be found in the Sea, it is to the finder, Britton, fol. 26. He to whom the property is shall have Treasure found, because it belongeth not to the King, unless when no man knoweth who hide the Treasure, Statham, Tit. Coron. and 22 H. 6. Coron. 446. Punishment of taking Treasure found, is not of life and member, but shall be by Imprisonment and Fine, Statham, Tit: Coron. and 22 Ed. 3. Coron. 265. Treasure found belongeth to the Lord the King, and not to the Lord of the Liberty, unless by special words in the Deed of the Liberty contained, or by prescription, Statham, Tit: Coron. and 8 Ed. 2. Coron. 436. Treasure found, is a certain old hiding Money or other Mettle, of which there appeareth no memory, so that now it hath no Owner; therefore all such Treasure is no man's proper Goods, and by the old Law it was the finders; but now by the Law of the People, it is made the Kings; Stamford, fol. 39 Fstrey. WHere the Lord hath by a year and a day a Beast, and it be cried in the Church, and in the Market, the property is changed, 39 Ed. 3. fol. 3. A man cannot entitle him to an Estrey, till the year and the day be past, for he to whom the property is, may take him within the year: but Statham seemed he could not take it, without agreeing for his meat, 31 Ed. 3. Estrey, 4. Detinue, Issue if sufficient was tendered for his meat before claim, or not, 44 Ed. 3. fol. 14. Young Swans may be taken for a Stray, and Proclamation made in Fairs and Markets, 7 H. 6. fol. 29. If the Owner do not come within a year and a day, and be proclaimed in Markets and Parish Churches, than the property remains to the Lord, Britton, fol. 26. One justifies to have a stray in his Manor, (according to the custom used in the Kingdom of England) he proclaimed them in two Markets, scil. in D. & S. on the Market days; Brook, Estrey, 10. If one have a stray by three quarters of a year, and after that strays, and another happens it within his Manor, the second shall not have it, for he hath no property until the year and day, and Proclamation, 33 H. 8. Estrey, 11. If a man have a Weif or a Stray by prescription, and another taketh that out of his Manor, he shall have Trespass, though he did not seize them before. Fitzh. fol. 91. B. One cannot take the King's Beasts for a stray, though they were within the Manor by two years, 39 Edw. 3. fol. 4. If one hath taken a stray, and doth not proclaim it, the Owner may take it again, though he comes to claim it after a year and a day; Britton, fol. 26. Book of Entries, One which justifies for a stray shall make prescription, that is to say, That according to the custom in the Kingdom of England used, he proclaimed them in two Market Towns, scil. in D. & R. and so it seemeth, that an Estrey shall be proclaimed in two the next Market Towns upon Market days; and yet it seemeth that Strays shall be proclaimed once in the Church, and twice in the Markets. Waife. Where Goods waived are seized by an Officer, the party shall not have them again without fresh Suit, and sue an Appeal, and now upon an Indictment give that in Evidence. BY fresh Suit the first Owner shall re-have his Goods, which were stolen and waived, if he make fresh Suit, and bring an Appeal, 21 Ed. 4. Tit. 16. Trespass, the Lord justifies, for that they were stolen and waived, the Plaintiff may say, that they were not stolen, or they were not waived, 12 Ed. 3. fol. 5. Goods waived, the Owner may seize them twenty years after, if the Lord of the Franchise, nor the King seize before: but if they are seized, yet if he bring an Appeal, and make a fresh Suit, he shall have them again, 21 Edw. 4. Tit. 16. Detinue, the Defendant as Lord justifies, that he took those as waif, and good, 10 H. 6. fol. 22. If one have a Waife, and it be taken out of his Manor, he shall have Trespass, without seizing; and though he do not seize them; Fitzh: fol. 91. Waifes and strays not claimed within the year and day, are the Lords, Britton, fol. 26. Where Goods are waived, and the Lord seizes them, the property is changed, that the Owner shall not have them without suing an Appeal, notwithstanding by the 21 of H. 8. chap. 11. Rastal Restitution 2. If he give Evidence to the Jury upon the Indictment, he shall have Restitution, Brook Estray 8 If a man be rob, and make fresh Suit, he shall be restored, notwithstanding that he which hath waived hath seized them before, 7 H. 4.44. If he make fresh Suit after the Felony, he shall have his Goods again notwithstanding, that they were waived and seized; and there ought to be an Appeal sued, and so to have them when they are seized, Stamford, fol. 186. A. Authority of the Steward. Then let us see the Authority of the Steward, and also of the Court Leet. THe Steward may make his Precept by word to the Bailiff to distrain, and it is good, 16 H. 7 fol. 14. If a man refuse to be sworn of the Jury, he shall be fined, and the Steward of the Lord may commit him to Prison, till he hath paid his Fine, or amerce, or distrain him for that, 31 H. 6. Leet 11, Quere of committing a Tenant to Prison, for in Magna Charta chap. 29, is, no man shall be taken, etc. The Steward may cause a stranger which cometh within the precinct of the Leet, to be sworn to inquire in the Leet where he hath not sufficient residence, and the Lord may sell the Distress taken in that, for that it is the King's Court, 3 H. 7. fol. 4. 11 H. 7.14. the same, and 21 H. 7. fol. 40. The Steward is Judge in the Court Leet, and in Court Baron the Suitors, unless all the Suitors be Copy-holders': and then I intent they are no Judges but the Steward, for that they have but a base Estate, and the is in the Lord, 12 H. 7. fol. 17.6 Ed. 4.3. Note that where a false Judgement is sued, the Suitors are called Judges to certify, etc. but yet the Steward ought to be skilled in the Law, and of matters in Law, it seemeth he shall give Judgement, and not Suitors, for Actions and matters in Law, and yet it is (before the Suitors) and though ignorant persons in Law rule in Court Barons, and Liberties, that aught to be by them skilled in Law; and when there is a Liberty and Court granted to a Mayor, that is held by their Recorder or Steward which is intended to be skilled in the Law, otherwise it seemeth a cause to reseise it, so that an ignorant person cannot meddle in matters touching the Law. The Steward may send a Prisoner taken for Felony to the Gaol, 13 H. 4. fol. 12. The St. is Judge of Rec. & may assess a Fine for contempt made in a Leet, and the Lord shall have Debt for that, 7 H. 6. fol. 13. 10 H. 6. fol. 7. Leets are appointed for the Commonwealth, Leet. as for preservation of the Peace, and for that they are Courts of Record, Fitzh: fol. 82. in the beginning. It is said, that a Leet is a Court of Record, 21 H. 7. fol. 33. Tenants in a Leet may make by-laws, 11 H. 7. fol. 14. & 21 H. 7. fol. 40. The Seneschal of the Leet may compel the Suitors to swear, but otherwise it is in a Hundred, 39 Ed. 3. & 44 Ed. 3.15. Leet 6. Where one hath a Leet, he hath but the Amercements, and the day is to the King, and for that the Steward represent the person of the King, 41 Ed. 3. fol. 27. Suit at the Leet is called Suit real, for that, that that is the King's Court, 45 Ed. 3. fol. 23. If the Steward of the Leet command the Bailiff to impannell a Jury to inquire for the King, upon pain of forty pounds, and he refuse to do it, he may put upon him the pain of forty pounds, and at the second time fifty pounds, or more: and note, that upon all pains the Lord may have an Action of Debt, 7 H. 6. fol. 13. 23 H. 8. Tit. 34. Debt lieth for pain, for not amending an Annoyance, and for Usage: Distress. If the Jury will not present the Defaults in a Leet, of which they are informed, the Steward may assess a Fine upon them, 10 Ed. 4. fol. 4. If any Suitor, present in Court, refuse to be of the Jury, or if any make another such Contempt, or any Contempt or disobedience in Court Leet, the Steward may set a Fine upon him without affirming by Affirors: but when one is amerced that shall be affirmed by Affirors, 10 H. 6. fol. 7. When the Steward sets a Fine upon a Suitor in Court Leet, or other person, for his mis-demeanour, this is called a Fine, and not an Amercement, and is not traversable, 7 H. 6. fol. 13. Judge of Record. For that the Steward is a Judge of Record in Leet, it is expedient to see, what a Judge of Record, and one by him may do, and what not. IT seeemth that a Justice of Peace ought not to make a Precept to arrest one for Felony, but if he do (for that he is a Judge of record) the Bailiff that serves that is excused, for he cannot argue his authority, no more may the Sheriff argue the authority of the Justices, 14 H. 8. fol. 18. 9 Ed. 4. fol. 3. A Justice of Peace may arrest a man for surety of the Peace by his discretion, and though he suffer him without a surety, the party shall not punish him for that he is a Judge of Record. 9 H. 6. fol. 60. Action of the case doth not lie against a Justice of Record supposing he hath made a fall Record, or that he hath caused false Entry to be made; contrary against an Office, as against an Escheator for returning a false Office, or against a Sheriff, for they are Officers of Record and not Judges. 12 H. 4. fol. 3. If a Judge of Record award one to Prison without cause, he shall have no action against him, yet a Judge of Record; as a Justice of Peace hath been punished in the Star- Chamber, for misdemeanour, and so may the Steward of a Leet, and so such a Judge of Record, for not regarding his Oath, as Majors, Bailiffs, etc. 21 H. 7. fol. 22. If a Capias issue our of a Court of Record to the Sheriff where is no Original, yet this excuseth the Sheriff, but if the Servant of the Sheriff arrest one by process made out of a Capias, and return his process, and the Sheriff do not return his Capias, false Imprisonment lies against the Servant, Fitzh. 21. B. one cannot assign Error, that the Jurors gave verdict for the Defendant, and Judges enter that for the Plaintiff. Presentment in Leet. Now let us 〈◊〉 what presentment in Leet is traversable and what not, and it seemeth where that toucheth a is traversable, and otherwise not. PResentment in Leet by 4: and not by 12. That one hath dwelled within the Leet not sworn, etc. it was Traversed, but it seems if it were by 12. it shall not be traversed, but shall have recovery by Writ of false presentment, 5 Ed. 3.26. A thing presented in Leet is as Evangelist, if it pass the day in which it is presented, but the same day you may have an action of false presentment against the Jurors, and after without recovery, 21 Ed. 3. Tit. Barr. 271. Presentment in Leet which toucheth is traversable, and other presentments not, 19 H. 8: fol. 11. and 41 Ed. 3 fol. 27. the same. Presentment in Leet which toucheth a may be removed and traversed, and every Presentment before Justices of Peace is traversable, 5 H. 7. fol. 3. and 6 H: 7: fol. 2. the same. Presentment of blood spilt is not traversable, for that doth not touch freehold, 2 R. 3.12. If the presentment be not in a Leet, of things there presentable, afterwards they shall be presented, as it followeth. IF Presentment be not in Leet of things presentable there, than they shall be inquired and presented in Turn, and if not there, then in the King's Bench, 41 Ed. 3. fol. 27. If things Presentable are not presented in Leet, they shall be presented in Turn, and if not there, before the Justices in Eyre, and if not there, in the King's Bench, 10 H. 4. fol. 4. Then let us see, what remedy the Lord shall have for Amerciaments in Leet, and what recovery for a Fine, and what upon pain or by-Law, and it seems that for Amerciaments he may distrain and for Fine Assess, and by-Law broken shall have a Debt or Distress. Amerciaments. FOR a Fine real he cannot distrain, but Amerce, and by prescription distrain, and this is now in use in every Manor, and for Suite-Service distrain without doubt, 12 H. 7.15. One may prescribe to distrain for Amerciament in Law-day for it is incident, 9 H. 7.22. He may in Leet Amerce and distrain for that, 8 H. 4. Tit. 15. A man may in Leet Amerce for annoyance, and distrain for it, 19 Ed. 3. fol. 36. One was Amerced in Leet for stopping in the High way, and his Horse in another's keeping was destrained for it, 47. Ed. 3.12. The Lord may sell the Distress taken for an Amerciament in Leet, as the King may sell the Distress, for that it is the King's Court, 3 H. 7. fol. 4. If Amerciament in Leet be agreed, the Lord may distrain without notice by Finch, and by Which it is good Plea, that the Tenant would have paid if he had had notice, 45 Ed. 3. fol. 9 The Lord cannot distrain for Amerciament in Leet, in a place seized into the King's hands, for debt to the King, for this is privileged during the time, 47 Ed. 3. fol. 12. Of common right the Lord may distrain for Amerciament in Leet, and for that need not to prescribe, 10 H. 7. fol. 15. The Lord may distrain for Amerciament for annoyance in the high way, or for making Hedges cross the street, and avow for that, 4 Ed. 3.10. avowry 161. The Lord may not distrain the Horse of another in the Inn of him Amerced, nor the garment of another in a Tailor's shop, where the Tailor is Amerced, 10 H. 7. fol. 21. If one refuse to be sworn, or make any other contempt in Court, the Steward may assess a Fine upon him, and the Lord may distrain for that, 13 H. 6. Leet 11. For a Fine assessed by the Steward for a contempt in the Court, the Lord may have debt, 10 H. 6. fol. 7. and 7. H. 6. fol. 13. If a pain of ten pound presented in the Leet to be broken, the pain shall not be otherwise acertained, and the Lord for that shall have an action of Debt, but he cannot distrain and make avowry but by prescription; but it is now used in every Manor to distrain, as I think, 32 H. 8. Tit. 37. The Lord may have Debt for Amerciament assessest in Courtbaron, 12 R. 2. Statham fol. 62. It seems the Lord shall have Debt for relief, and clearly the Executors shall have Debt for relief, 32 H. 8.20.19. H. 6. Tit. 11. Moderata miserecordia, doth not lie where a Fine is alsessed by the Steward for contempt in Court, nor where Amerciament is assessed, but where Amerciament is not confirmed that lieth if it be too high, Fitzher. fol. 72. C. If one be amerced in the Sheriffs Turn, the Sheriff may distrain throughout all the County, and if it be in a Leet, thoughout all the precinct of the Leet, 8 R. 2. avowry 194. The Lord may distrain in the high street for Amerciaments in a Leet, 34 Ed. 2 and 19 Ed. 2. avowry 221. Debt lieth for the Lord for a Fine assessest in Leet by the Steward, for not returning the Pannall, or for other contempt, and it is good without confirming, 7 H. 6. fol. 13. tit. 233. For Amerciament in Leet, it seems one may take goods of another in the keeping of him which is amerced, yet see how Issue was taken, that it was not the Horse of Prior tindal which was Amerced which was taken, 47 Ed. 3. fol. 12. For not ch●ansing of a Ditch by the Predecessor of a Parson, Successor shall not be punished for that Offence, the same Law of Father and Son, 5. H. 7. fol. 3. Distress. Where one may distrain, and what thing. ONE lifted a Millstone off the stock, to be picked on the floor, it is not so severed, but that it is parcel of the Mill, and cannot be distrained, and so it is of Windows and doors, 14 H. 8. fol. 29. 10 H. 7. fol. 21. You cannot distrain the garment of another man in a Tailor's shop, 21 Ed. 4. fol. 49. the same. 9 H. 6. fol. 9 The Lord cannot distrain for his Rent, but in Lands held of him, but the King may. 8 R. 2. tit. avowry 192. If one be Amerced in Leet, the Lord may distrain in any place within the Precinct of that, and in the Turn of the Sheriff in any place within the County. 34 H. 8. tit. 253. During the possession of the King, the Signiory of another is suspended touching the Distress. 5 H. 7. fol. 15. If one be Amerced in a Leet, and another takes his leather from him, and makes of that Boots and Shoes, yet these Boots and Shoes may be distrained for this Amerciament within the Precinct of the Leet, 21 H. 7. fol. 13. The Lessor cannot distrain Fats fixed by his Lessee for a dying Pan, and though the Lessee may remove them during his Term. 21 H. 7. fol. 26. Glass fixed by the Termor, the lessor cannot distrain for his Rent as it seemeth, and the Lord cannot distrain Tables dormant in the House of his Tenant, nor a thing which cannot be attached in an Assess. 21 H. 7. fol. 41. The Lord cannot distrain Shocks of Corn for his Rent, but doing damage he may. 27 Assizes 66. One cannot distrain in a Sanctuary, if it be not for Issues for the King. 6 H. 4. fol. 11. One may arrest the Vicar in the Church by a Capias, notwithstanding the Statute, 1 R. 2. For that is intended he shall not arrest him saying Divine Service. 13 H. 4. fol. 42. If one proffer sufficient amends for wrongs which they have done, one cannot distrain and avow that. Marlebridge chap. 2. That no Lord may distrain out of the fee. Marlebridge chap. 1. None shall make Distresses at his own will without the consideration of the King's Court. Marlebridge chap. 15. It is not lawful for any to make Distresses out of their Fee, nor in the King's way, or in the common street, but for our Lord the King, and for his Ministers, having special authority from him. In what place a Leet shall be kept, and at what time. A Leet by the Statute shall be held but twice in a year, that is in the Month of Michaelmas and in the Month of Easter, by the intent of the Statute of Magna Charta, c. 35. Presentment in Leet held four days after the Month is void, 6 H. 7. fol. 1. and 38 H. 7. the same. One may prescribe to hold a Leet at a day certain, though it be not within the Month, and good, for it seems that Magna charta, is but Common Law, otherwise he cannot prescribe against a Statute, unless he have another Statute for the same, and if he hold that any other day it is void, which makes in a Leet, 33 H. 6. fol. 7. By Brian, Leet shall be held in any place within the Precinct of the Lordship, where it pleaseth the Lord, for it is the Court of the King, as the King's Bench wheresoever it is, etc. 8 H. 7.4. Twelve shall be of the Jury in a Leet, otherwise the Presentment there are all traversable. THere shall be at least twelve in a Turn, Rastall, Indict. 1. and Turn and Leet are all one, Westminster 2. chap. 13. Every Indictment and Presentment in Leet, shall be by twelve men at least, 6 H. 4. fol. 1. Presentment that one had dwelled within view of Frankpledge by a year and a day not sworn, etc. if it be not by twelve it is traversable, and if it be by twelve, it is not traversable, 45 Ed. 3. fol 26. If there be not twelve to be sworn, the Lord may cause strangers to be of the Enquest, 3 H. 7. fol. 4. By-Lawes. For that, that By-lawes are made many times in Leets, something shall be said of By-lawes, and I intent that By-lawes which are for the Commonwealth, shall bind all, and other By-lawes shall bind but those that assent. WHere a By-law is for a Commonwealth, it is good to bind all, though all do not agree, as to make a Causey, Way, or Bridge; but By-law to repair a Church is a Charge, for that it shall not bind but those that assent, 44 Ed. 3. fol. 19 It is said, that Tenants in a Leet may make By-lawes, for that it is the King's Court, which shall bind them by their assents, and a Town may make By-lawes by prescription, and that shall bind them, but not a stranger, as By-law, that every one which puts in his beasts into the Common before, etc. shall pay ten shillings, this shall bind them which assent, but not a stranger, 13 H. 8. Leet 37.11. H. 7.14. & 21. H. 7.40. the same. If a Town be amerced, and neighbours assess a Sum of every Inhabitant, and agree to have I. S. to distrain for it, the distress is lawful, Doctor & Student, fol. 74. Where the greatest part of a Town agree to a By-law, which was charged, that then it is good against them all, 8 Ed. 1. Assize 413. By-law, that every one which holds land shall pay to the reparations of the Church one penny, and for not paying shall forfeit to the Lord twenty pence; it is not good, for the Lord hath no damage, but the Churchwardens, and for that it shall be forfeit to the Wardens, etc. but where a By-law is for a Commonwealth, I intent for not doing shall be a forfeiture to the Lord, and this is good, 21 H. 7. fol. 20. One cannot prescribe to make Laws to alter inheritances, 49. Assize 8. Inmates. Though it be not specified in our Law who are Inmates, and who not, nor any remedy provided against them, but only which have been used to avoid them by By-lawes made in Leets, yet it is not impertinent to see who hath been taken in Law an Inmate, and who not. IF one let part of his house in which he dwells to a Gentleman which keeps not his table there, but goeth to victualling-houses for his victuals, but yet hath certain rooms in the house, that is no Inmate: Also if one keep his daughter married, and her husband by Covenant, or otherwise, and suffer them to have certain rooms in his house, these were not accounted Inmates, and these shall not have Common. But if a man have a house, and let certain rooms of that to another to dwell with him, he hath been accounted an Inmate, unless he be of ability to live, and shall not have Common in the Lords Waste or Fields: But if one take one to table, or to sojourn with him in his house, and let him certain rooms, he is not accounted an Inmate, and he shall not have Common. Also if the Inheritor of a house let a certain parcel of his house in which he dwells, and severeth that from the other part, and make several doors to the high street, it is now as two houses, and is not accounted as an Inmate, but he shall have no common, otherwise it is if they have but one door to the high street, for than it is accounted an Inmate, unless he be a sufficient person to live of his Lands of himself, or by his Art or Trade, so that he be not a poor Labourer; but at this day some take Inmates more strictly, and in times past, none were punished in Leets by pains ordained in Leet, but idle and bribing persons, which were common breakers of hedges, and other bribers which live in others houses idly, or live suspect. The Oath of the Reeve, or Bailiff. YOu shall swear, That you shall well and truly serve our Lady the Queen, and the Lord of this Manor in the Office of Reeve, or Bailiff of the Manor for this year to come, and you shall well and duly collect all such Rents, Revenues, and other annual Profits as shall be chargeable, and issuing out of the same Manor to you: And of that you shall make and give a lawful account at the end of the same year, and in every other thing belonging to your Office, well and truly to discharge in your Office during this year to come. So help you God, etc. The Oath of the Greve, or Hayward, or Beadell. YOu shall swear, That you shall well and truly serve the Queen our Sovereign Lady, and the Lord of the Manor, in the Office of Greve, Beadell, or Hayward of this Manor for this year to come, and you shall duly and truly execute all such Attachments, and other Processes, as shall be directed to you from the Lord or Steward of this Court, and you shall present all Pound-breaches which shall be made within your Office, and also all Cattles, Strays, and Waifs, and in every other thing, well and truly hold you in the same Office. So help you God, etc. Oath of a Desiner. YOu shall swear, That you I.S. from this day forward shall be faithful and loyal to our Sovereign Lady the Queen, etc. and to her Heirs, and shall keep unto her faith and loyalty of life, and of member, and of earthly honour, and that you shall not conceal any ill or damage intended towards them, nor hear any ill of them which you shall not defend them in, to your uttermost power. So help you God, Britton, fol. 74. gives that. Oath of Affirors. YOu shall swear, That you will well and truly tax, assess, and affier all the Amerciaments presented in this Court, and in doing of that, you shall not spare any for love, fear, nor affection, nor raise, nor enhance any more grievous, then shall be reasonable according to their deserts made, and not more, nor less, nor for envy, nor for love assess or affier, but upon every one severally, according to the quantity of their offences made, and not otherwise. So help you God, etc. Oath of the Fealty. YOu shall swear, That you shall be faithful and loyal, and loyally and faithfully shall carry yourself to the Lord of this Manor, for the Lands and Tenements which you claim to hold of him, and you shall well and duly pay to the Lord of this Manor, and his Heirs from time to time, all such Rents, Duties, Customs, and Services, that you ought to pay, and make for the same Lands at the times appointed. So help you God, etc. Oaths of the Aletaster. YOu shall swear, That you shall well and truly serve our Sovereign the Queen, and the Lord of this Court, in the Office of Aletaster, or assize, within this Lordship for this year to come, and you shall well and duly see from time to time, that the sale of bread (brought to be sold) be duly weighed, and that it contain such weight according to the prizes of grain, as by the Statute is provided, that is to say, according to the prizes of Corn in the next Markets. Also you shall have diligent regard during the time of your Office, to all the Brewers and Tiplers within your Office, that they and every of them make good and wholesome Ale and Beer for man's body, and that they do not sell any before it hath been tasted by you, and then to be sold according to the prizes limited and rated by the Justices of Peace, and all defaults committed and done by the Bakers, Brewers and Tiplers, or by any of them, you shall present at the Court here, by which punishment may be ministered unto them for their offences, and in every other thing you shall well and truly behave yourselves in your Office for this year. So help you God, etc. The Oath of the Constable. YOu shall swear, That you will well and truly serve the Queen, and the Lord of this Lawday, and you shall endeavour that the Peace of our Sovereign the Queen, well and truly according to your power, be kepr, and you shall arrest all which you see making Riots, Debates, or Frays, or breaking the Peace, and you shall well and truly endeavour yourselves according to your knowledge, that the Statute of Winton for Watch, Hue and Cry, and the Statutes made for the punishment of sturdy Beggars, Vagabonds, Rogues, and other idle persons coming within your Office, that the Offenders be punished; and you shall endeavour yourselves upon complaint to you, to apprehend Barrators, and riotous persons making Frays, and also apprehend Felons, and if any of them make resistance, with force and multitude of Offenders, you shall make outcry, and pursue them till they are taken, and you shall look to such persons as use unlawful Games, and you shall have regard to the maintenance of Artillery, and you shall well and duly execute all Process and Warrants sent unto you from the Justices of the Peace of the County, and you shall make good and faithful presentment of all bloodsheds, out-cries, affrays, and rescues made within your Office; and you shall well and duly, according to your power and knowledge, do that which belongs to your Office of a Constable to do, for this year to come. So help you God. Constables. And for that that the Constable is here chosen and sworn, that is inquirable here if he do his Office, and for that let us see what authority a Constable hath, and what he ought to do. AT the Common Law before the making of the Statutes by which Justices of the Peace were ordained to keep the Peace. The chief Justice of England was appointed by the King, and he hath authority, and he was ordained to determine matters touching the Crown, and for conservation of the Peace throughout the Realm, and he for that is the chief Justice of the Peace. Also by the Common Law before there was any Justice of Peace, Constables of every Town were keepers of the Peace within their Towns. If any be threatened upon complaint to the Constable, he may enforce the party to put in a Surety, and if he do not, commit him to prison till he hath found a Surety, 4 Ed. 3. Barr. 102. If any be strucken and in peril of death, the Constable ought to arrest the Offender, and to keep him in Prison till it be known if he will live or die, or till he have found Sureties to appear before the Justices at the Goal-delivery. If Felons or Murderers be in a Town, and the Constable hath notice of that, it is his Office and duty to raise People to take them, 1 R. 3. chap. 3. And if any Felon be taken it is the Office of the Constable to carry him to the Goal, and to cause others of the Town to assist him in so doing. Constables were ordained for two intents, that is, to keep the Peace, and also to apprehend Felons, and to take surety by obligation of such persons, that they find making Affrays. Constable's may arrest men which go or ride armed between Fairs and Markets, Rastal, Armour, 4. and take their Armour as forfeit to the King, 2 Ed. 3. C. 3. Constable's ought to arrest such which go by night of whom there is Suspicion, and deliver them to the Sheriff, Rastal, Robberies 4. there to remain in hold, and also all suspected persons either by day or by night are to be delivered to the Sherift, as above, by 5 Ed. 3. chap. 64. Constables have power to examine Vagabonds, Rastal, Wag 5. and to compel them to find surety for their good behaviour, and if they cannot find sureties, to commit them to the next Goal, by 1 R. 2. chap. 5. Constable's may arrest Servant labourer vagrant, unless he have a letter containing the cause of his going, and the time of his return under the King's Seal, and may set him in the Stocks, till he have found sureties to serve, by 12 R. 2. chap. 3. Rastall, Wag. 5. Rastall, Arch. 2. Constables have power to commit every one using unlawful Games, and to keep them till the Offenders be bound in an obligation to the use of the King, that he shall not use unlawful Games, by 6 H. 8. chap. 2. Constables upon complaint may arrest Boatemen and Watermens which take more than is appointed for them to take, and commit them to Ward for their misdemeanour, Rastall, Pass. 8. and to fine for the same, by 6 H. 8. chap. 7. Constables have power to commit Beggars to the stocks, Rastall, Wag. 2. Rastall, Wag 9 which Offend, by 22 H. 9 chap 12. Constable's ought to convey Rogues taken within their office to the next Constable, that they might be conveyed to▪ Prison, upon pain of six shillings eight pence for every offence, by 14 Eliz. chap. 5. Also if a Constable do not make search every Month for unlawful keeping of Games, and for unlawful playing if occasion be, and present the same, he shall forfeit forty shillings. The Constable is the keeper of the Peace, that is to say, The high Constable for the Hundred, and the petty Constable in the Town, 12 H. 7. f. 38. Constable may arrest one to find surety of the Peace, and if he will nor obey, he may take power to enforce him, and one may Justify that cometh in aid of the Constable to arrest one that makes an assault, 3 H. 4. fol. 10. Constable may arrest one which makes an Assault, though it be of himself, 5 H. 7. fol. 6: Constable was ordained to keep the Peace, and may take surety for the Peace by bond of one, if he be found making a Fray, 10 Ed. 4. fol. 18. Constable may arrest one which makes a Fray and carry him to the next Goal till he find surety for the Peace, but not imprison him in his House, or put him in the stocks, unless it be in the night, that he cannot carry him to the Goal, for any other reasonable cause, 22 Ed. 4. f. 35. by Brian. Constable may search for suspicious persons, and may arrest Nightwalkers, 2 Ed. 4. f. 9 Constable may search suspicious bawdy houses, where Women of ill fame are, and may arrest suspected persons which walk in the night and sleep in the day, or keep suspicious company, and if he be not of power to arrest them, he may have aid of his Neighbours by the Law, 3 H. 7. fol. 10. that he may have aid, 13 H. 7. fol. 10. Title recognizance 14 Brook. Constable cannot take a Recognisance to keep the Peace, but an obligation. 38 H. 8. tit. False Imprisonment 6. It is said, that one cannot arrest for a Fray after it is done, without a Warrant, but before it be done, or whilst it is a doing he may. 5 H. 7. fol. 6. Trespass of Imprisonment; the Defendant saith that he was Constable, and for that the Plaintiff made an Assault upon him and broke the Peace, he took him and carried him to the Goal to preserve the Peace, 21. H. 4. fol. 21. 10 Ed. 4. fol. 20. Stocks are ordained properly to punish Vagrants and Servants for wages, see, 7 H. 4. chap 17. Britton fol. 17. None shall be put in Irons but those which are taken for Felony, or for Trespass in Parks or Chases. West. 2. chap. 39 For resistance where a process is to be executed, that Statute gives aid and opwer of the County against them which make resistance. 3 H. 7. fol. 1. It is held there that the Constable may take the power of the County where there is a Fray, and specially to take Felons. For that, it is the Office of a Constable to see that Watch be kept, let us see how a Watch may be. THe Watch ought to begin at the feast of Ascension, and aught to be held till Michaelmas all the night, from the setting of the Sun to the rising, and in every City six shall be at every Gate, and in every Town they ought to watch twelve men, and in every Village six men, or four, according to the number of the Inhabitants of the Village; and if any stranger be arrested in the Watch, he shall be kept until the morning, and if they find suspicion in him, he shall be delivered to the Sheriff, and if no suspicion be in him, he shall go free, and if any will not obey the Arrest, they ought to raise Hue and Cry, and for arresting such a stranger none shall be punished, 13 Ed. 1. chap. 3. Every one may arrest Nightwalkers which go by the way, for it is for the common profit, Rastall, Rob. 2. 4 H. 7. fol. 18. & 5 H. 7. fol. 5. the same. Entry of Court Leet. The view of Frank Pledge, Prebend of Islington. there held on Thursday the 20. day of October, in the year of the the Reign of Queen Elizabeth, by the Grace of God of England, France, and Ireland, Defender of the Faith, etc. the 21. RObert Martin by John a Style Essoyne of Course, Essoyne. and so the others Essoyned. Jurors. Sworn for the King. John Dee, Richardus Ree, John Penn, William Fenn, John Hie, Thomas Pie, John Miles, Thomas Gyles. Jurors. William Neile, John Snell, William Riggs, Thomas Rich, Richard Cook, John Turk, Richard Leake, John Peak. Presentment for the Queen. First the Jury aforesaid say upon their Oath, That R.S. etc. at Islington within the Jurisdiction of this Court, as a Felon of the Queen, did make a hundred gold Angels, and three hundred Groats, Petty Treason. falsely and feloniously (having not first gotten the Queen's Letters Patents) against the Peace of our said Lady the Queen, and her Crown and Dignity, and against the form of the Statute in this case provided and Published. Also they present, Felony in burning a house. That one Tho. de I. predict Yeoman, such a day, etc. at I. within the Jurisdiction of this Court, by force and arms, etc. willingly and feloniously (of pretended malice by him) did burn the house of one J.S. against the Peace of the Queen, therefore the Bailiff is commanded to seize all his Lands and Tenements, Goods, and Chattels, that he may answer for them to the Lord of this Manor. Also they present, That W.P. of I. aforesaid, Labourer, such a day, Felon. etc. at I. within the Jurisdiction of this Court, by force of arms, etc. and against the Peace, the Close of one, etc. at I. aforesaid, broke and entered into, and one silk coat, called Satin, of a black colour, of the Goods and Chattels aforesaid, etc. then and there found, feloniously took and carried away: Therefore it is commanded, the bailiff, etc. Also they present, Accessary. That W.S. of I. aforesaid, Yeoman, within the Jurisdiction of this Court, did counsel, provoked, procured, encouraged, and abetted one L.M. etc. one Cow of black colour, price, etc. of the Chattel of one, etc. then and there found feloniously to steal, take, and drive away, and the said L. by virtue of the counsel, provocacation, procurement, encouragement, and abetment, the aforesaid, etc. the said black Cow such a day, etc. year, etc. feloniously stole, took, and drove away, etc. They also present, That A. B. of I. aforesaid, Yeoman, such a day, Rape. etc. at I. within the Jurisdiction of this Court, the Close and House of one, etc. broke and entered, and upon one Katherine, etc. the daughter, etc. being in the peace of God, and of the Queen, made an assault, and there against her will did ravish her, and did carnally know her, against the peace, etc. Also they present, Felon breaketh a house. That P.D. of I. aforesaid, Yeoman, such a day, etc. at I. within the Jurisdiction of this Court, about the hour of nine in the night of the same day, the house and mansion of one, etc. as Felon of the Queens, broke and entered, with an intent to make spoil there, etc. and six gold Angels of the Goods and Chattels of the aforesaid, etc. then and there in a certain chest being, feloniously took and carried away, against the peace, etc. The same present, E.F. of I. aforesaid, Labourer, Robbery. such a day, etc. at I. within the Jurisdiction of this Court, by force of arms, and against the peace, etc. upon one T.D. at, etc. within the Jurisdiction of this Court, in the Queen's high way, there being in the peace of God and the Queen, did make an assault, and the same T. D. then and there rob, and sixteen groats of silver, and one Angel of gold, of the Goods and Chattels of the aforesaid T.D. in a certain Clokebag of his, then and there being, from the person of the said T. feloniously took and carried away, against her Peace, Crown, and Dignity, etc. They present, That the aforesaid T.D. appearing rob, Hue and Cry. made a great noise and exclamation, and the aforesaid E.F. as a Felon of the said Queens; the said day and year from the place where he was so rob, did freshly follow to the aforesaid Town of D. etc. and that no Inhabitants there upon the Hue and Cry aforesaid did follow, and so the aforesaid Felon escaped, to the contempt of our said Lady the Queen, and against the form of the Statute, so enacted and provided; therefore the said Town of, etc. in the mercy, etc. Also they present, That E. L. of I. aforesaid, Yeoman, Made flight. such a day and year aforesaid, at I. within the Jurisdiction of this Court, a certain Gelding of colour white, price, etc. of the Goods and Chattels of one, etc. in the common field there being, feloniously stole away, took and carried away, and that the said E.L. for the foresaid Felony did convey himself away and fled; therefore command was given to the Bailiff to seize two kine of the Goods and Chattels of the said E.L. as Escheats and forfeitures to the Lord, and that he should keep them safe to the use of the Lord, etc. or so to the use of the Queen. Also present, That when one B.R. of I. aforesaid, Escape● Yeoman, was taken and arrested for suspicion of Felony, and set in the Stocks, one I.F. of I aforesaid, Labourer, such a day and year, etc. at I. aforesaid, the foresaid Stocks with force of arms, and feloniously did break, and the foresaid B.R. then and there did suffer to go at large against the Peace; therefore it is commanded as before, etc. Also they present that T. J. of J. aforesaid, Felony. Yeoman, such a day, etc. at J. within the Jurisdiction of this Court, a Calf of the price, etc. Of the Goods and Chattels of one J. B. There and then found, feloniously took and carried away, and that W. Q. The Bailiff of the aforesaid Manor such a day and year, etc. at J. aforesaid, the aforesaid T. L. for suspicion of the aforesaid Felony arrested, and that W. F. of J. aforesaid labourer, by force of Arms, etc. at J. aforesaid, the said day and year upon the aforesaid W. Q. In the Peace of God and of the Queen being, did make an Assault, and the aforesaid T. J. being in the custody of the said W. Then and there feloniously took, carried away and rescued, and suffered to go free against the Peace, etc. Therefore it was commanded as above, etc. Also present that A. B. of J. aforesaid Yeoman, Felony of Pigeons. such a day and year, etc. aforesaid, etc. at J. within the Jurisdiction of this Court, about the hour of one in the night of the same day, a certain Pigeonhouse of such a ones, etc. did break, and enter, and forty Pigeons, price, etc. of the Goods and Chattels of the foresaid, etc. from the house of the same, etc. feloniously took and carried away, against the Peace, etc. and therefore, etc. Also present that J.W. of J. aforesaid Gent, such a day, etc. at J. within the Jurisdiction of this Court, a certain tame Deer carrying a bell about his neck, price, etc. Of the Goods and Chattels of one, etc. Then and there found, feloniously took away against the peace, etc. Therefore it is commanded, etc. Also they present that one J. L. of J. aforesaid Yeoman, Felony of a Trunk broken. such a day and year, etc. at J. aforesaid within the Jurisdiction of this Court, about the hour of one in the night of the same day, a certain Trunk of one, etc. Broke and entered, and ten Fishes called Pikes, price, etc. Of the Goods and Chattels of the aforesaid, etc. out of his said Trunk, etc. Then and there feloniously took and carried away, against the Peace, etc. Therefore, etc. Also present that P. J. of J. aforesaid Yeoman, Petty Theivery. such a day etc. the Close of one, etc. at J. aforesaid, borke, and entered, and one Towel of the price of six pence, of the Goods and Chattels of the aforesaid, etc. Then and there found feloniously took and carried away, therefore it is commanded the Bailiff to seize all his Goods and Chattels into the hands of the Lord. Also present that W. B. and T. W. Of J. aforesaid, Sell in the Churchyard. being Butchers, such a day, etc. within the view of the frank pledge, did place their flesh, and other things to be sold in the Church and Churchyard of J. aforesaid to sell. And the same where divine Service is celebrated, and men's Bodies are buried, sold, against the Statute of Winchester in this case enacted and provided, therefore they in the mercy. Also present, Chattels waived. that one M. S. came within the Jurisdiction of this frank pledge, and brought hither certain Goods and Chattels by her stolen, that is to say, one linen shirt price, etc. divers other Clothes, videlicet, one Smock, one Petticoat, one Shirt, which all are worth twenty shillings, and no more, and which all were hither by the said M. brought, and the said M. here within the Jurisdiction of this Manor waved them, left them, and fled, by which all the Goods and Chattels aforesaid came to the Lord of this Manor, upon which it was commanded to the Bailiff to seize them into the hands of the Lord, as escheats and forfeited to the Lord, and so he did, and the Chattels aforesaid were delivered to the Lord in this Court. Common Fine. Also they say that they give to the Lord for certainty for a common Fine at this day by an old custom, six shillings eight pence. Deciners which make default. Also they present upon their oath, that John Rigg 4ds. Richard Wrenn, 4d. and John Williams, 4d. are Residents within the Precinct of this frank pledge, and at this day made default, therefore every one of them in the mercy, as it appeareth upon their heads. Also they present that Richard Wrench 2 d. Not sworn in Deciner. William Finch 2d. Robert Betts 2d. and William Gibbey 2d. did dwell within the Precinct of this frank pledge, by the space of a year and day and more, and not sworn to the Queen for Allegiance, therefore each of them in the mercy, as it appeareth upon their heads. Also present that R. C. of J. aforesaid Yeoman, Noyance of Water. did turn the course of a certain brook leading to the House of the said T. H. out of the right course that it was wont to run, therefore he was commanded, to turn it into his right course about the feast, etc. upon pain, etc. Also present, Boughs hindering. that there is a certain Hedge of a great extent, and that the branches thereof hang over the way called the King's Lane, to the hurt of the Carriages carried by the same way, in the default W. C. Therefore it is commanded him to cut or crop those about the feast, etc. under the pain, etc. Also present, Noysance of a Gutter. that there is a certain Gutter leading from the House or Kitchen of T.J. by which foul and stinking water from the said Kitchen is lead into the High way, to the great damage of the Queen's way, and all the carryages there carried by the People of our Lady the Queen, therefore he is commanded to remove or stop that about the feast, etc. upon pain, etc. They present, Common way. that the common way leading by the Field called the Prebend field, is the common way to go and ride, and so hath been used time out of mind, and that the Gate and Bridge being beyond the furthest Bridge aught to be maintained and kept by the Ter-Tenants, and now are not, therefore it is commanded to the Land holder's, the same Gate and Bridge to amend and repair before the Feast of Saint John Baptist next coming, upon pain, etc. Also they present, Nusance of Dung. that R. W. made a certain Dunghill against his House near the Queen's Highway, to the noyance of the Queen's People, therefore he was commanded to remove and carry it away, about the Feast, etc. under the pain, etc. Also present, Nusance of a Ditch that there is a certain Ditch unscowred and unclensed in default of R. S. to the hurt, etc. therefore he in the Mercy twelve pence, and he is commanded to scour and cleanse the same about the feast, etc. upon pain etc. two shillings. Also present that A. B. Widow is a common Intertainer and receiver of Whores, Bawdy-house. and Women of ill report, and conversation, to the great hurt of her Neighbours, therefore amerced two shillings two pence. Also present that N. C. Widow is a common Scold with her Neighbours, Scold. and common Hedge-breaker, and keeps one W. C. her Son in her House, and he is of no good same or government, therefore she in the mercy, as it appeareth above, etc. Also present that one A.B. Servant W. C. Trespass. the Lords Bailiff as he was driving certain Cattles of one R. G. to the Lords Park, there to be imparked, came one J. P. with great violence into the aforesaid Park, with a Sword, price five shillings, and then and there struck the said A. B. with the same Sword upon his Head, and so shed the Blood of the said A. E. by reason of which blow the said B. fell to the ground, as if he had been dead. Therefore the said D. R. in the mercy, and is amerced by chief sureties five shillings. Also present that J. S. made a Fray within the liberty of this Court and drew blood, therefore he in the mercy, three shillings four pence. Also present that W. G. is Constable, Constable default. and is not here at the view of the frank pledge, to present that which belongs to his Office but maketh default, therefore he in the mercy two shillings. Also present that R. S. is an Ale-taster, Aletaster default. and is not here at the view of frank pledge, to present that which belongs to his Office but maketh default, therefore he in the mercy two shillings. Also present that R. B. and W. G. Common Apprisors' default. are common Apprisors', and should be here to present that which belongs to their Office, and made default, therefore they in the mercy three shillings four pence. Also present that B. R. and C. D. Searcher of the Victuals. are searchers of the Victuals, and should be here at the view of frank pledge to present that which belongs to their Office, and made default, therefore both of them in the mercy two shillings. Also present that Tho. J. and Wil J. Scavenger's default. are Scavengers of the streets and aught to be here at the view of the frank pledge, and made default, therefore either of them in the mercy six pence. Also present upon their Oath that the twentieth day of May, Estrays. in the year of the Reign of our Lady Queen Elizabeth now the twenty first, came into this Lordship one Horse colour grey, as a stray, and remained in custody ten days after Proclamation. Also present that there is a Colt colour bay, of the age of four years or more, which came into this Lordship as a stray, the ninth day of September, the year of the Reign of our sovereign Lady the Queen the twentieth, price twenty four shillings, and stayed in the custody of the Bailiff by the space of a year and a day, after three Proclamations at three several days made, according to the form of the Statute, therefore the property of that Colt is in the Lord. Also present that W. M. twelve pence and R. B. twelve pence are common Bakers of man's Bread, Bakers. and at divers times have baked unwholesome Bread, etc. Have broke the Assize, therefore each of them is in the mercy, as it appears upon their heads. Also present that Richard W. and J. D. are common Brewers of Drink, Brewers. and brewed divers times unwholesome Drink, and broke the Assize, therefore each of them in the mercy, as it appreares upon their Heads Also present that E. W. and W. X. by their Wives are common sellers of Drink, Alehouse keepers. and by unlawful Measures sell their Drink, and break the Assize, therefore each of them in the mercy, as it appeareth upon their Heads. First, It is ordained that R. B. shall make and scour his Ditch at the foot of the great hill, Pain set. containing by estimation twenty perches, before the feast of Saint John Baptist next coming, upon the pain of every perch thereof eight pence. Also it is ordained that T. M. shall reform and lay, Punishment. out a certain parcel of Land lately by him encroached between Wash lane and Perham Rye common, before the Feast of All Saints next coming, under the pain of every Perch not reform and laid out, twenty pence. Also it is ordained that none shall suffer his Beasts, that is to say, Pain. Oxen, or Kine, to go and pass upon the common of this Lordship, nor in the Lanes to the said Manor belonging, upon pain of forfeiting to the Lord for every one of them, for every time two pence. Also it is ordained that W. J. shall remove his Dunghill lying by the Queen's high way against his House, Pain. before the feast of Easter next, upon the pain of forfeiture ten shillings. Also it is ordained that J. F. Pain. shall make and maintain a Bridge in his Close called great Colemen in the way leading from Islington to Hogsden, upon the pain of forfeiting to the Lord ten shillings. Also it is ordained that every one yoke o● ring his Hogs before the Feast of S. Michael the Archangel next, and the same keep so yoked and ringed till the Feast of S. John the Baptist, than next following, upon the pain of forfeiting to the Lord for every Hog, for every week, three shillings six pence. The end of the Court Leet. The manner of keeping a Court Baron. The Court of R.F.C. there held the Tuesday, that is to say, Prebend the 14. day of May, the year of the Reign of Queen of Isling— Elizabeth, by the Grace of God, of England, France, tun. and Ireland, Defender of the Faith, etc. 26. held by I.K. the Steward. IS. & I.D. & R.R.R. Essoyned of Common, Essoyne. or Essoyned for the Suit of Court, by R.R. John Do, Robert Dodge, Richard Roose, Thomas Lodge, The Homage. John Den, Sworn. Adam Clarke, Richard Fenn, David Park, Walter Helen, Henry Roose, Robert Allen. William Croo. First, after the stile of the Court is entered, you shall make once O Yes, and then call the Suitors, and after that another O Yes shall be made, and then the Steward shall say, If any will be Essoyned, or enter any Plaint, come you in, and you shall be heard. And after your essoign entered, and your Plaint determined, than impannell your Jury and swear them. And after the Enquest is impanelled and sworn, make another O Yes, and then you shall say, You good men which be impanelled, come near, and you and all other keep silence, during your Charge. An exhortation to the Jury. YOu good men which are sworn, before that I enter to give to you the Charge, I intent to show to you by what Authority you are assembled, and for what purpose. First, you ought to consider, that there are three causes of your meeting. 1. One cause is, for that you be resident, and dwelling within the Precinct of the Leet here to be held, and for that you ought to appear. 2. The second cause is, for that some of you hold Land of the Lord of this Manor, some as Freeholders', some as Copy-holders', and by reason of some of your Tenors, you ought to make Suit to the Court Baron of your Lord, from three weeks to three weeks, if this Court be so warned. 3. The third is, you may here learn the Laws, to know what thing to follow, and what to avoid, by which that which is good may be the better followed, and ill things the better be avoided, being presented by you, and punished; and for that, that every one may live, and enjoy that which he hath with quietness, and the Commonwealth may flourish, and virtue abound; and then for that you may better inquire and present, I have ministered to you a corporal Oath, which I counsel you to consider, and the parts of that, which are three, that is to say, Truth, Judgement and Justice. Truth, that you shall present nothing but truly, and that you shall not omit any thing of the truth not presented. With Judgement, that you shall present all things with good advisement, and that you shall not be negligent to inquire out the truth in all matters to be presented. With Justice, that you shall not for favour, nor for corruption of reward, nor for fear, nor for displeasure, nor for private hurt or profit which may come to yourselves, nor for malice, that you present any thing: And these three principal things you ought well to regard in your Oath. And at the last note, that you run not into wilful perjury, which if you do, you condemn your souls, and provoke the anger of God, and get punishment to yourselves and your posterities in this world, and you get to you the torments of the Devil and hell, after this life, for ever. But if you keep well your Oath, you obtain by that, great profit and commodity; for by that wrong shall be redressed, peace and tranquillity shall be maintained, and right and public good preserved, and you shall live in quiet, and hold your Goods, Lands, and Lives, in peace and quietness, and you shall be accounted after this life, among the Saints of God, and shall have life eternal; and over that observe you, that I may by the Law charge another Jury immediately to inquire of your concealments and perjuries, and that you shall find by putting great Fines and Amerciaments upon you, and imprisoning your bodies: And to conclude, first, now if you remember your duties to God, as I have said, that will move you to keep your Oaths, and the love that you own to the Commonwealth, with consideration of yourselves, wives, sons, and posterity, and the fear of God, and regard of honesty, and all these well considered, than you will present justly, and truly the things which I shall give to you in Charge; and I make an end, and the Articles of your Charge follow. Then followeth the Charge in Court Baron. The Charge in Court Baron. FIrst, you ought to inquire of all persons which own Suit to this Court, and who make default, and present their names; and you ought to note, that all such persons which hold any Land of the Lord by Suit of Court, in what place they dwell, and of what age he is, that should make Suit to the Court, or otherwise he ought to be amerced, and Amerciament is by custom, for by the Common-Law they shall be distrained, and that is called Suit-service, and that is by reason of the Tenure, and if any such person which oweth Suit to the Lord be in Ward to the King, nevertheless he may be amerced, for not making Suit to the Court of the Lord; but the Lord cannot destraine for this Amerciament during his Wardship, yet after Livery, the Lord may destraine for the whole Amerciament. And if there be two Coparceners, Coparceners. joint-tenants. for which one Suit ought to be made, the eldest sister ought to make the Suit only, and the other shall be contributory, Fitzh. 159. B. And so it is of Joyntenants, the Suit may be made by agreement by one, and the other shall be contributory, by Marleb. chap. 9 but if one holds twenty acres by Suit of Court, and alien that to twenty several persons, by the Statute of Quia emptores terrarum, every one shall make Suit severally. 2. Rastal. Suit. 1. Also if any Tenant be dead after the last Court, or before, and his death not presented, you ought to inquire what Lands he holds of this Manor, and if they were held by Knight's service, Ward Relief. Soccage, or by Copy, and what advantage the Lord shall have by his death, Scilicet Wardship, Marriage, Relief, Escheat, or other Profits, and who is his next Heir, and of what age, and in whose custody he is. 3. Also if any Tenant which holds by Knight's Service alien his Land by collusion to defeat the Lord of his Ward, and other Profits, it is inquirable. 4. Also if any Tenant which holds by Knight's service be disseised, and dieth disseised, his Heir within age, the Lord shall have him in Ward; and if any Tenant which holdeth by Knight-Service die, his Heir male within age of 21. years, the Lord shall have the Land in Ward, till the age of 21 years, and also his Marriage, unless he be married, Littleton, fol. 19 5. If the Father which holds in Knight's Service marry his daughter within age, to a husband of full age, and dies, the Lord shall not have the Wardship of the Land, and if she were of full age, the Lord shall not have the Wardship of the Land; but if she were within age, and marry to a husband within age, the Lord shall have the Land in Ward till the age of 14. years, Natura brevium, fol. 98. But if such Tenant die, his heir female being of the age of 14. years or more, and not married, she shall not be in Ward, nor her Land, but if she were within age of 14. years and not married, she shall be in Ward of Body and Land till the age of 16. years, and if she were married in the life of her father, within the age of 14. years, her land shall be in Ward till the age of 14. years, and no more, Littleton, fol. 19 6. And you ought to note, that there is Knight's Service of a common person, that is, where one holds of his Lord by Homage, Fealty, and Escuage, that is to say, when it is assessed to more, more, and when to less, less, Littleton, fol. 19 and where one holdeth by keeping a Castle, or by blowing a Horn, that is Knight's service. 7. And Soccage Tenure is where one holds by Homage and Fealty, or by Fealty and Rent, or by Homage, Fealty, Rent, and by Suit of Court for all manner of Services, or in Burgages; and if such Tenant die, his issue within age of 14. years, than the next friend of the heir to whom the inheritance cannot descend, shall have the Ward of the Land, and of the Heir till 14. years, and then give an account to the Heir of the profits taken; but this Guardian shall have his reasonable allowance for his costs and expenses, Littleton, fol. 22. See Natura Brevium, fol. 97. 8. Relief by Soccage is as much as the chief Rent is by the year, which he pays to his Lord, and this is due forthwith after the death of his Tenant in Soccage, so that the Heir be past his age of 14. years, Littleton, fol. 24. 9 And if Land be held by Knight Service, and his Tenant dies, his Heir of full age, the Relief is due to the Lord, and if he hold by an entire Fee of a Knight, the Relief is one hundred shillings, and if he hold by the half of a Fee, fifty shillings, and so according to the rate, Littleton, fol. 21. and all these profits are inquirable. 10. Also if any Rent, Custom, Rend not paid. or Service be withdrawn, which ought of right to be made, by whom it is withdrawn, and what Custom and Service it is, and in what Bailiffs time it was withdrawn, and where the land is, that the Lord may distrain for the Arrearages, and what Rent that is, and how many years it hath been with-drawn. 11. Lands concealed Also if any Land of the Lord be withdrawn, or used by any without licence of the Lord, by whom it is, and how much Land hath been so used, and of what value by the year that is, is inquirable. 12. Also if any Villain of the Lord be, and what Goods, Villain. Chattels, and Lands he hath, what estate he hath in them, that the Lord may seize them, and what other things he hath: And if any Villain withdraw his Goods out of the Lordship without licence of the Lord, or if a free man marry a Villain woman, without the licence of the Lord, it is inquirable. Note, If a Villain purchase Lands, and do not alien them before the Lord enter into them, the Lord shall have them: Otherwise it is if the Villain alien them before the entry of the Lord; the same Law is of Goods, Litt. fol. 33. about the Lord cannot seize the Goods which a Villain hath as Executor, Litt. fol. 35. If a Villain be made a Chaplain Secular, the Lord may seize him as his Villain, and his Goods; but otherwise it is if he enters in Religion: Or if a Free man espouse a Villain Woman without the licence of the Lord, or by that, this is inquirable. If a Villain dwell in ancient Demesne of the King, which is in the King's hands, and hath dwelled there by a year and a day, the Lord cannot seize him, nor shall have a Writ of Nativo habendo, so long as he dwelleth there: But if the Lord claim him within the year, that he cometh into ancient Demesne, and so makes his claim within every year and 〈◊〉 day, than the Villain shall not take advantage by his being there, and if the Villain dwell in another Manor of ancient Demesne, which is in possession of another than the King, the Lord may seize him, Fitzh. fol. 79. a. and from thence-going that, the Lord may make his claim, if he go in ancient Demesne, is inquirable. Also if any of the Tenants of the Lord be dead without Heir general or special, Escheat. than the Lord shall have his Lands by Escheat, or if any Tenant, seized in Fee, be attaint of Felony, by Outlawry, Verdict, or otherwise, the King shall have (year day and waste) and after the Lord by Escheat, and is inquirable. Or if a Bastard purchase Land, and die without issue of his body, the Lord shall have his Land by Escheat: And note, That none shall have Lands of Fee-simple as heir to any man, unless he be heir of the whole blood, Littleton, fol. 2. And if the Tenant be disseised, and dies without heir, the Lord shall have the Escheat. 14. Common. Also if any which hath no Common without number, charge the Common with more Beasts than he ought to doc, according to the quantity of his Land, or if he which hath Common appendent, not Common appurtenant, put into the Common, Beasts which are not commonable, as Hogs, Goats, and Geese, or if any dig in the Common, unless it be for Gravel for the high ways, and fill it again, or maketh other trespass in the Common, or use the Common in any other manner, without the licence of the Lord, but to take his Common with the mouth of his Beasts, or if any dig Turffs, or make other trespass upon the waste, or build any house, or make enclosure of any part of it, it is inquirable. 15. Also if any Tenant within this Manor, Rechasing which hath two Farms, one of them within this Manor, the other within another Manor, and at the time when the Fields and Meadows within this Manor are laid open, he brings his Beasts within this Manor, which he hath kept upon the Farm of another Manor, and by this surchargeth the Tenants within this Manor, this chase and rechasing is inquirable. 16. Mortmain. Also if any Tenant of this Manor hath aliened any of his Lands in Mortmain, that is, to a Religious house or to a Bishop, Parson, Vicar, and to their Successors, or to any other Corporation, where that shall go in succession; that is to say, To them and their Successors, without the licence of the King, and the Lord of the Manor, it is inquirable. That the Lord may make his claim within a year according to the Statute: Note, That by the Statute of Religiosis, the Lord may enter within one year after the alienation; and if the chief Lord immediate, be negligent, and do not enter upon this Fee within a year, than it is lawful to the next Lord of that Fee, within the half year following to enter, and at the last the King: And if any make a Feoffment to one to the use of a House of Religion, or to the use of a Company, or Brotherhood, this is Mortmain: The same Law is where one exchanges with a Corporation, that is Mortmain; also if any religious person hold of any man by Rent-service, and the Lord releases to him, this is Mortmain. 17. Who is Tenant. Also if any Tenant by Charter alien his Land, and hath not given notice of that to the Lord, and the Alienee hath not made fealty to the Lord, nor Suit of Court, that the Lord may have knowledge, who is his Tenant, it is presentable, for that he may know upon whom to make his avowry, and of whom to have his Services and Escheats. 18. Waste. Also if any Termor for years, or for life, of any parcel of the Demesnes of the Manor, hath made waste in any House, Lands, Woods, or Gardens, you shall present that, or if any holds two Tenements and hath wasted one, as if he remove Trees from one to the other, that is waste. 19 Trespass. Also if any Trespass be made in any Demesnes of the Lord, that is to say, In the Corn, Grasse, Meadows, Pastures, Wood, Hedges, Waters, or if any Fish within his Rivers or Waters, or if any Hawk or Hunt within the Demesnes of the Lord, without his licence, or within his Warren, these are presentable. 20. Trespass. Also if any take any Honey or swarms of Bees within the Demesnes of the Lord, or take any Hawks or Aeiry of Hawks, these are inquirable. 21. Also if any Bailiff, or Officer make any arrest for Rent, Rescous. Custom or Service due to the Lord, and Rescous to him is made, you ought to present the name of him which made the Rescous, and where and when it was. 22. Pound breach. Also if any distress be put in the pound of the Lord, and be taken out without authority of Law, this is a Poundbreach, and is inquirable. 23. Removeing meer-stones. Also if any remove or take away any meerstones or stakes between this Lordship and another, or between Tenant and Tenant, you ought to present that. 24. Encroach. Also if any hath encroached any of the Lands of the Lord, scilicet, Land, Meadow, Pasture, Wood, Furse, Moor, or any other vacant Land without the Lords licence, by burning his Hedges, Pale, or otherwise, that is inquirable. Note, that all the void Land and Waste within the Manor is to the Lord of the Manor. 25. Also if any within this Manor, Husbandry. suffer any House of Husbandry with which was occupied twenty Acres of Land, to decay, and to take from it any Land, the Lord of whom this is held, Rast. Husb. 1. and 6. shall have the half of the profits of this to his own proper use, till that be maintained again for Husbandry, 4 H. 7. chap. 19 and 5 Eliz. chap. 2. and that for the benefit of the Lord is inquirable. 26. Also if any Tenant, hath enclosed any Land, Common. and keeps that in severalty, (which was wont to lie open) without the licence of the Lord and other Freeholders', that is also inquirable, for that no Tenant of the Lordship shall lose his Common in that. 27. Also if any keep and withdraw any Evidences, Evidence of the Lord. Court Rolls, rentals, or Evidences pertaining to the Lord of the Manor, is inquirable. 28. Also if any thing pained before to be done, Punishment. and is not yet done, in whose default that is, and you ought to present his name. 29. Also if any Coppy-holder, Coppy-holder. lets his Copyhold Land for longer time then for a year and a day, without surrender, unless it be by the custom, that he may let for longer time, and if he do, it is a forfeiture, and inquirable. 30. Also if any Coppy-holder, make a change of the possession of his Copyhold, for Charter Land, or otherwise, that the Lord may have any disadvantage, in mending of one and impairing of another, that is inquirable. 31. Also if any Coppy-holder alien any of his Copyhold by Deed, and make livery of Seisin to the Deed it is a forfeiture, and inquirable, Lit. fol. 14. 31. Also if any Coppy-holder cut any Tree which is a Hedg-row without licence of the Lord, is a forfeiture, if not by the custom of the Manor used time out of mind, etc. This Coppy-holder hath used to cut his Trees and Wood at his pleasure, it is inquirable. 33. Also if any Coppy-holder, which hath not his Wood by custom of the Manor to himself, but his Lord hath that there, if he lop or top any Trees of his Copyhold in unseasonable time, by which that starveth, that is a forfeiture, and is inquirable. Note that Tenant at will by the Common Law, may take House-boote, Hedg-boote, and Ploughboote, and cut that in seasonable time, and so may Tenant by Copy of Court Role do of a Copyhold. 34. Also if any Coppy-holder suffer his House which is Copyhold to decay and fall down, or do not repair that, but suffer that to be uncovered, by which there is waste, that is a forfeiture and inquirable; if it be not by the custom of the Manor, that they may suffer their Houses to decay and fall down, and yet no forfeiture by the custom, and also in some Manors the Tenants may suffer waste in their Houses, and also cut their Trees at their pleasures, and shall not be punished, for it is lawful by the custom of divers Manors. 35. Also if any Coppy-holder die seized of any Copyhold, who is his next Heir, and of what age he is, or if any Coppy-holder by the custom of the Manor hath surrendered any Copyhold into the hands of the Bailist, or any Tenants, after the last Court to the use of another, for of every such surrender the Lord ought to have a Fine, and the parties in whose hands the surrender was made, aught to come to the next Court, and present the same surrender so taken, and give it into the hands of the Lord to the use of the Alienee, or otherwise he ought to forfeit his Copyhold, if he have not a reasonable excuse, insomuch that he doth not bring in the surrender by him taken, but doth what lieth in him to make the Lord lose his Fine, and also to disinherit the other party, to whose use the surrender was made. 36. Also if any Tenant which holds by Harriot service, or Harriot custom, die seized of any Land or Tenement so held, and that a Harriot is due to the Lord, and also if any such Tenant hath aliened any parcel of his Land so held, the Lord shall have for every of their several parts, divers Harriots at their several deaths, as if a man hath two parcels of Land held by Harriot service, and by several Titles, and die seized of the same, the Lord shall have two Harriots; and also you shall present if any Harriot be carried out of this Lordship, by whom it is, and where they are. 37. Suit to the Mill. Also you shall inquire if any Tenant of this Manor, which ought by reason of his Tenure to make Suit to the Lords Mill, do make his Suit there, or not. 38. Also you shall inquire, if any one have fished, souled; hawked or hunted within this Manor, or within the Demesnes of the Lordship, without licence of the Lord, and present their names. 39 Also if any hath taken Pheasants, or Partridges in their nests, or the eggs of them within the Demesnes of the Manor, or the eggs of the Swans of the Lord, and present their names. 40. Also you shall inquire if all the defaults and plaints which were presented at the last Court, were sufficiently amended, or not, and if all the Laws and Orders before by you made, be observed and kept, or not; and further you shall inquire of all other things, which in your consciences you believe to be convenient to be inquired of, and you shall bring in your Verdict in writing such an hour: And now you may departed, and inquire of your Charge, having regard to that which you have sworn, and note that you keep well your Oath. Hawkers and Hunters. WEst. 1. ch. 1. forbiddeth that none shall chase in another's Park, nor fish in another's River, and if he do, he shall be imprisoned, and fined, and if none will sue, the King shall have the Suit as in a thing made against the Peace, and the King shall make inquiry from year to year, etc. Fitzh. 67. D. Westm. 1. chap. 20. It is provided for Offenders in Parks and in Rivers, that if any of them be attaint by the Suit of the Plaintiff, it shall be accounted good, and amends made according to the manner of the Trespass, and shall have imprisonment for three years, and then shall be fined, and if he hath not to pay a Fine, he shall be banished or outlawed, and if the party sue not within the year, the King shall have the suit. 39 H. 7. chap. 11. If any person, not having a Park, Chase, nor Forest, keep any nets, called Deer-Hayes, o● Buc●stalls, or stalk with bush or beast in another's Park, Chase, or Forest, without licence, he shall forfeit ten pound to any person which will sue for the same. 31. H. 8. chap. 12. Where Hunters in the day or night with vizards, or painted faces, it was felony, now it is not. 5. Eliz. c. 21. Every one which wrongfully taketh Hawks, or their eggs by night or day, and be convict, shall pay triple damages, and suffer imprisonment three years, but these Statutes aforesaid are not inquirable in a Leet. 43. Ed. 3. fol. 24. Trespass, why by force of arms his Deer, price forty shillings (where it was wild) he took, and the Writ abated, 18. Ed. 4. fol. 14. the same. 3 H. 6. f. 58. Trespass, he entered into his Warren, and took a 1000 hares, and doth not say his, yet it is good. Fitzh. 86. L. & 89. R. Trespass lieth by force of arms, the young hawks of his hawks, price so much, he took, and why he entered his Warren, and took Hares, Coneys, and Pheasants, and not his, and good, for he hath no property, 22. H. 6. fol. 65. Doctor & Student, fol. 9 None hath property of Birds, Fowl, wild Beasts of Forest, and Warren, yet the eggs of Hawks, Herons, and such like, are to them which own the Land. Fitzh. 67. No man shall be taken and imprisoned for Vert or Venison, if he be not found with the manner, or indicted, Nat. bre. fol. 41. the same. See Britton, fol. 84. 18. Ed. 4. fol. 14. Where a man licenses me to hunt and kill a Buck in his Park, my servant cannot come in by my commandment, for the licence shall be strict to him to whom it is given. 2. Ed. 4. fol. 5. Trespass, one cannot justify by licence of a Keeper to kill a Deer. 16. Ed. 4. fol. 7. Trespass, by force of arms he broke his Dove-house, and took his Pigeons in the same, and good, but not abroad when they are out, and have no mark, and are in the fields. 38. Ed. 3. fol. 12. Trespass for entering into his Warren, and took his Pheasants, it was held that if the Defendant fly a Pheasant in his own land out of the Warren, and his Hawk fly and kill in another's Warren, his entry into the Warren is a wrong. Treheron in his reading shown, that Forest ought to be by Commission and Proclamation, and that a common person cannot have a Forest, that is to say, cannot make a Forest, nor use Forrest-Lawes, as it is said: And to a Forest there are divers Officers, and to this is incident a Court of Swannimote, but a common person may have a Chase or Park by Grant or Prescription, and Forrest-Lawes shall not be to a Chase, nor Court of Swannimote, the Statute of 13. R. 2 is not inquirable in a Leet, but before Justices of Peace, that is to say, that it is that no Artificer, nor Lay man which hath not Lands to the value of forty shillings per annum, and no Clerk which is not advanced to ten pound per annum, shall not keep a Harrier, or other Dog to Chase, nor shall use Ferrets, Hays, Nets, Harepipes, nor Cords, nor other Engines to take or to destroy wild beasts, upon pain of imprisonment for a year, yet it is inquirable in a Court Baron, if any hunt or hawk within a Park, Chase, Warren, or Demesne Lands of the Lord of the Manor without his licence, and for that something of that shall be said. 12. H. 8. fol. 3. Trespass lieth for taking a Hound or Deer out of the possession of the Plaintiff, and hath possession, and not property. 12. H. 8. fol. 10. One hath but possession of a Deer, and if they go out, catch that catch may: and if any Hawk kill a Pheasant in your Land, it seems that I shall have the Pheasant, and yet it seems, that one cannot hunt nor hawk in another's Land. 10. H. 7. fol. 30. Account lieth against a Keeper for the Deer, for he hath possession as a Bailiff; one may grant liberty to one to take every year a Deer, or to the Keeper the shoulders of them killed. 13. H. 7. fol. 10. Where a Deer▪ is given to one, he may bring in his servants to take it, for otherwise peradventure he cannot serve his Warrant. 13. H. 7. fol. 13. It is said, If one hath licence to chase, he cannot kill, 18. Ed. 4. fol. 14 15. H. 7. fol. 16. Fine for hunting shall be greater than the trespass. 21. H. 7. fol. 30. It is lawful for one to kill a Hart out of the Forest, though he be proclaimed. 12. H. 8. fol. 4. saith, That one may distrain a Brache doing damage which enters into my Close to chase, 2 Ed. 3. tit. distress 20. 48. Ed. 3. fol. 8. He that hath land adjoining to a Chase, may hunt Dear out of his ground with a little Dog, but not with Begles, and by some if the Dog follow them into the Chase, and the owner drives them back, yet if they kill the beast, trespass doth not lie. Seek 18 H. 6. f. 22. Held that if a man go in the way adjoining to a Park, and his Dogs break his Leash, and kill a Dear in the Park against his will, and he call them back, he shall not be punished; but it seems that if he do not what he can to hinder them, it shall be a trespass. Fitzh. 19 If one incite or procure his Dog to by't a man, he shall have his trespass upon that. Assize. IN so much that an Assize is borough of a Copyholder, some thing is to be noted to you touching Assizes. And first I intent, That if a Copiholder of Inheritance dyeth seized of a Copyhold, and his heir enter (as he may) though there be no Court kept, and he not admitted, and be outed by a stranger of that diss●isic, he shall have a Plaint in nature of an Assize. Seek, for it is 13 Eliz. by the Justices, If Tenant by Copy of Court Roll, die seized, and his heir enter and take the profits, he is no trespasser, though the Lord hath not admitted him Tenant; and though no Court were held there in seven years; and further there said, that it was adjudged in the Chancery, That if Tenant by Copy of Court Roll hath issue two Daughters by divers Women, and they enter and take the profits, and one dies before any Court held, now her Cousin collateral aught to Inherit as heir to her, and not the other Sister as heir to the Father, which proves that this was a seisin according to their Custom: The same Law is if a Copl-holder be admitted, and after is thrust out by another, or if another be admitted to it, and by this, he that was first admitted is thrust out by him which was secondly admitted, the first Admittee shall have a Plaint in nature of an Assize of that disseisin. Plowden, Com. fol. 528. Parson before Induction, cannot grant an anuity, for he hath no possession; so it seems if a Copiholder die seized, his issue shall not have an Assize before admittance, Fitz. 177. a. Where Tenant for life; in Fee simple, or Fee tail, is disseised of his Lands and Tenements, or outed of that against his will, this is disseisin, and he shall have an Assize of novel disseisin, Nat. brevium, fol. 107. Fitz. 195. c. Where my Father or my Mother, my Brother or my Sister, or my Uncle or my Aunt, or Nephew or Niece, die seized of any Lands or Tenements or of Rents, of an Estate of Fee simple; now if a stranger take possession of this Land or Rent after their death, I which am their heir shall have an Assize of Mortdancester, Nat. brevium, fol. 118. So for a Copyhold in Fee, If my Father, Mother, Brother, or Sister, Uncle, Aunt, Nephew, or Niece, die seized of that, and a stranger enters, I shall have a plaint and make protestation to Sue in nature of a Mortdancester, and upon disseisin as above, in nature of an Assize of novel Disseisin; and it seemeth I have not seisin to maintain an action of my own seisin in the Lord's Court, unless I be Tenant to the Lord, and that is where I am admitted, for by the admittance of the Lord, it shall be said (The Lord hath granted seisin, and he is admitted Tenant:) And by this he is Tenant to have an Assize, and not before, yet before he may take the profits, though there be no Court to he admitted, for it was no folly in him, but may have his action at the Common Law, upon the possession of his Ancestor, which was admitted, though I were not admitted: And so where my Father dyeth seized of a Copyhold in Fee, and I am admitted, and after another makes claim to it, and is also afterwards admitted and enters, he cannot have a Plaint in nature of an Assize of novel disseisin against me, for 26 H. 8. fol. 3. If one he admitted, instituted, and inducted, to a Benefice, and after another be presented, and outs him, he shall have an Assize or a Trespass, but he presented cannot. And so if there be Grandfather, Father, and Son, and the Grandfather was admitted, and dies, and the Father enters, and dies before admittance; the Son in this case shall have a Plaint in the nature of a Writ of Ayell, and not an Assize of Mortdancester. And by the Statute of 32 H. 8. chap. 2. it is Enacted, that no person shall sue, have, or maintain any action for any Lands or Tenements upon his own possession, above thirty year's next before that began. If the Lord of a Manor grant by Copy, the Tenements of a Copiholder, without lawful cause in Fee, or for life, and the Grantee enter, he which hath right, may have an Assize against the Grantee if he were first admitted: As the King by his Letters Patents, grants to another my Land, and the Patentee enter by force of this Grant, I shall have an Assize: If a Copyhold descend, the heir shall have a trespass at the Common Law before admittance, as above. Seisin of Assize. What Seisin is sufficient to have Assize, and what not. THe Warden of an Hospital shall have an Assize of Rent, where his Predecessor was seized, and not he himself, for the seisin of the Predecessor is the seisin of the House, 15 Ed. 3. Tit. 39 accordingly of an Abbot and Prior, Fitz. fol. 179. c. and 8. As. 16.3. As. 5. according also of a Chantry Priest, 34. As. 5. Assize is not maintainable against him which hath but a free hold in Law, for of that seisin, an Assize doth not lie, and yet of that seisin a Wife shall be endowed, Litt. fol. 152. If a man which hath a title to enter set his foot upon the Land and is outed, that is a sufficient Seisin to have an Assize, 22 Ed. 3. Br. Seisin 52. If one put in his Beasts to use my common by my commandment, this is a sufficient Seisin for me to have an Assize, 45 Ed. 3. fol. 25.22 Assize 84. Reversion is granted to J. S. and the Tenant for life attorne and dies, and J. S. enter by the Windows, for that he cannot enter by the door and when one half of his Body was in, he was pulled out, and yet that is a sufficient Seisin to have an Assize, 8 book of Assizes fol. 25. Seisin of Fealty is not sufficient Seisin to have an Assize of Rent, but it is sufficient Seisin to make avowry, for all that is as well for the Rent as for the Fealty, 44 Ed. 3. fol. 11. by Thorpe, 3. Ed. 3. Tit. 40: 3. Ed. 3. Journey to Norfolk, 20. H. 3. Tit. 433. 49. Ed. 3.15. and 45. Ed. 3: 28. A Lease is made for life reserving four Marks Rend, and the Lessor is seized of twenty shillings of that, and taketh distress for the remainant, and Rescous is made, and though but twenty shillings be received, yet that is a sufficient Seisin to have Assize of all, 8 Ed. 3 fol. 12. Tit. 141.8. Ass. 4.5. E. 4.2.12. E. 4.7. If the Lord of a Rend service grant the service to another, and the Tenant attorn by a penny, and after the grantee distrains, and the Tenant makes Refocus, here was no Seisin to have Assize of Rent, but if the gift of a penny had been in name of Seisin and attornment, otherwise it is, 5 Ed. 4. fol. 2. Littleton fol. 127. b. Lord and Tenant are, the Lord grants the Rent of his Tenant by a Deed to another saving to him the services, and the Tenant attorns to that, this is Rend seck, and if the Rent be denied at the next day of payment he hath no remedy, but if the Tenant when he attornes or after will give a penny or a half penny in name of Seisin of the rent, then if after the next day of payment, the Rent be to him denied, he shall have an Assize and that is a sufficient Seisin to have an Assize for all the Rent, Littleton fol: 42. Seisin of parcel of Rent is sufficient to have Assize of all the Rent, 8 book of Assizes 4. Seisin of Fealty is not sufficient Seisin to have an Assize of Rent but Seisin of Escuage is Seisin of Homage, 21 E. 3. fol. 52. Nat. Brevium fol. 109.5. Ed. 2 avowry 209. Using of common by Tenants at will, is sufficient Seisin for him in Reversion to have Assize of common, If he or his Tenant at will be disturbed, 22 Assize according Fitzh. fol. 180. By Brudnell, of a thing transitory a man shall be in possession without seizure, as my Tenant dies, his Heir within age I shall have a Ravishment of ward without a Seiser, but I shall not have an ejectment of ward of Land which is local, nor Assize of Land, without first having possession indeed, 14 H. 8. fol. 27. If one recover and be put in by a Clod in the half by the Sheriff, and he against whom the recovery was, will not go out, yet that is a sufficient Seisin to have an Assize 2 Ed. 2. Tit. execution 119. If a man holds of the King in chief, and holds other Land of another Lord and dies, his Heir within age, which intrudes at his full age, and pays his Rent to the Lord, this is a good Seisin to have an Assize, notwithstanding that he hath not sued Livery, for the Signiory was not suspended by the possession of the King, but only the distress, for after Livery the Lord may distrain for his Arrearages, 34 H. 8. Tit. 48.47. Ed. 3. fol. 12. and 13. H. 7. fol. 15. Pleas of Assize by Bailiff. Also it is expedient for you to know what Pleas the Bailiff in Assize shall plead, and what the Disseiser, and what the Tenant after the Bailiff hath pleaded. BAiliff may plead a Plea which is triable by Assize, and none other, 6 H. 7. fol. 15. Pleas of a Bailiff ought to be such which are triable by the Assize, and for that he cannot pray aid of the King, 8. H. 7. fol. 12. and 1. book of Assizes 1. accordingly. The Bailiff shall have any Challenge to an array and to the heads, 9 H. 7. fol. 24. and Abridgement book of Assizes, fol. 48. the same. The Bailiff may plead non-tenure or mis-naming of the Plaintiff, but not of his Master and conclude, if, etc. 22 H. 6. f. 44.9. H. 7. f. 24.26 As. 61: Bailiff may plead, that the Tenements are in another Town, for that is an abatement, 9 H. 7. fol. 24 Abridgement Assize f. 47. and 6 H. 7. f. 15. accordingly; but 22 H. 6. fol. 50. seems contrary, but a Bailiff cannot disclaim, but an Attorney may, 13 Ed. 3. Tit. 8. Bailiff pleads out of his Fee, Judgement if without specialty, etc. and he cannot have that at this day, but in 2 Ed. 3. Tit. 10. he hath this Plea, for the Bailiff cannot have any Pleas, but where he may conclude over, and if it be not found, no wrong no disseisin, etc. see the Abridgement book of Assizes fol. 47. and 2. Assize 4. Bailiff may plead ancient Demesne, and conclude if it be not found, etc. and conclude to Assize, otherwise Bailiff cannot plead ancient Demesne, for that, that it is triable by the book of Doomsday, and for that he cannot conclude Judgement, if the Court will acknowledge, Abridgement book of As. f. 48. and 9 book As. 2, see 6 H. 7. fol. 15. Bailiff may plead that the Plaintiff is seized the day of the Writ purchased, and every other exception tryable, by Assize, 9 As. 4. Bailiff cannot plead that the Writ is purchased hanging another Assize, nor not attached by fifteen days, for it is tryable by the Record, Abridgement of Assize, fol. 48. 8 As. 2. and 8 Ed. 3. As. 40. Bailiff may plead that his Master is Parson of D. not naming Parson, and if it be not found, no wrong, etc. 12. As. 4. Bailiff may plead misnaming and joint-tenancy without Deed, 6 H. 4. fol. 15. and 8 H. 6. fol. 56. Bailiff cannot plead Excommunication or outlawry, in the Plaintiff, for he cannot plead a Dilatory Plea, unless it be tryable by the Assize, and that he may conclude, and if it be not found, no wrong, no disseisin, 5 Ed. 4. fol 113. Bailiff may plead not attached, by fifteen days, Abridgement of Assize, fol. 47. Pleas of the Disseisor. THe Disseisor may plead release of actions personals in bar, but not release of actions reals, for none shall plead that but the Tenant, Litt. fol. 115. The Disseisor may plead, that the Demandant hath entered, hanging the Writ, notwithstanding that, he goes to the Tenancy; and the reason which is there made, is, for that that such Plea goes to excuse him of damages: And note, that there it appears also, that the Disseisor shall plead every bar, unless such a Bar which goes to the Tenancy, or to extinguish the right of the Plaintiff in the Land, as if he pleads release of all actions personals, or that the Plaintiff hath entered, hanging the Writ, that he may plead, but he cannot plead release of right made to the Tenant of the Land, nor other plea which goeth to the Land, but he shall plead every plea to the Writ which doth not extend to the tenancy, as if he had no Tenant named in the Writ, or no such in Rerum natura, and misnaming of the Plaintiff, or of himself, 35 H. 6. fol. 13. Contrary, 37 H. 6.3. by Choke: Therefore inquire. The Disseisor shall not plead any plea to the Tenancy, which the Tenant by his admittance hath made good, 26 Book of Assizes, 49. Disseisor cannot plead in abatement, that the Plaintiff hath a Writ of an older date hanging against him, 45 Ed. 3. fol. 25. and 23. Ass. 14. Disseisor cannot plead ancient Demesne, without taking the tenancy upon him, 21 Ass. 2. Disseisor cannot plead Record or Estoppell, for by the sailing of the Record, he cannot lose the Land, 20 Ed. 3. Brook, Assize, 403. Disseisor shall plead misnaming of the Plaintiff, and also that the Plaintiff is covert of Baron, and if he allege outlawry in the Plaintiff, he ought to have the Record in hand; and note, that the Disseisor in proper person, or by Attorney, and not by Bailiff, pleads that the Plaintiff hath another Assize hanging against him, as it appears, 8 Ed. 3. Ass. 140. See 28 Ass. 38.24 Ass. 91. and this seems by the Statute of Westm. 2. chap. 15.19 Ass. 10. and 20 Ed. 3. Ass. 20. Disseisor may plead entry of the Plaintiff after the last continuance and joint-tenancy, for he may plead all Pleas which excuse him of damages, or which are in bar which do not extinct the right of the Land, 35 H. 6. fol. 16. Disseisor may plead outlawry in the Plaintiff, that is, where the Tenant hath not pleaded and admitted the Writ, 29 Ass. 61. and 20 Ed. 3. Ass. 20. It is said by Babington, That a Disseisor can not plead any plea in bar, but no wrong, or that it ariseth to so much, 2 H. 6. fol. 1. Pleas by Tenant. Where after a Bailiff hath pleaded, or the Tenant himself, and the Assize upon that adjourned, or award, or hath imparled, the Tenant cannot plead new matter, unless it be matter of a later time, or a matter following, or a matter upon which may have Certificate, or the general Issue. THe Tenant pleads to Assize by Bailiff, and the Assize awarded, the Tenant can plead no plea in bar afterwards, but such upon which he may have Certificate of Assize, 10 H. 7. fol. 12. 8 Ass. 17. The Tenant pleads by a Bailiff, and the Assize remains for default of Jurors, and now the Tenant comes in proper person, and saith, The Plaintiff hath received the Tenements of him, hanging the Writ, and hath let to him for years, and hath, for that he cometh in of later time, 10 Ass. 24.18 Ed. 3. fol. 33. If a plea be pleaded, and the Justices die, all shall be pleaded anew, but if they be at Issue, that shall stand, 5 H. 7. fol. 7. b. by Hussey. After adjournment upon the Plea of the Bailiff, the Tenant may plead matter which comes of later time, 18 Ed: 3. tit. 33. The Tenant himself after the Assize awarded, may leave his bar, and plead the general Issue, but he cannot plead a new bar after Issue, 34 H. 6. fol. 10. and 29. 40 Ed. 3. fol. 48. b. The Tenant pleads in Bar, and after the Jury hath the view, and he leaves his Bar, and pleads to the Assize, 34. H. 6. fol. 29. & abridge. Assis. fol. 138. Where they are adjourned upon a point certain, he cannot plead new plea afterwards, unless pursuing, as, if the Tenant himself before adjournment, had pleaded special Bastardy, he may plead afterwards general Bastardy, 42 Ed. 3. fol. 12. After adjournment upon a Plea in bar certain, he cannot plead new plea in bar, but only the general issue, 8 As. 10. and 10 Ed. 3. tit. 157. and 44 Book of Ass. 1. Where they are adjourned upon a Plea in abatement, and after the Writ is awarded good, he may afterwards plead in bar, 6 Book of Ass. 1. Infant in Assize pleads Ontlawry of Felony in Bar, and at another day was suffered to plead Release of the Plaintiff in Bar, 14 Ass. 15. Assize, the Tenant pleads in Bar, and the Plaintiff joins Issue, and the Court do not take the Assize the same day, and the next day the Tenant cannot change his Plea, 11 H. 4. fol. 2. b. Where the Tenant pleads to the Assize by a Bailiff, if his Master have a Release or a Writing, of which the Jury cannot have notice, then if the Assize pass against the Bailiff, yet the Master shall have Certificate upon this Writing; the same Law is, if the Verdict be not well examined by the Justices, and see more there, Fitzherbart, fol. 181. b. The Tenant pleads in Bar, a Deed of the Ancester of the Plaintiff with warranty, and the Plaintiff makes Title, and afterwards he cannot plead in abatement, that the Lands were in another Town, for that, that the Assize was awarded, 10 Edw. 3. tit. 157. and 1 Ass. 17. The Tenant pleads in Bar, and the next day pleads by a Bailiff to the Assize, and may, for that the Assize was not awarded, Abridg. As. f. 47. Where the Assize was awarded upon the Plea of the Bailiff, at another day after, the Tenant comes and pleads Release, and hath it, for that he may have Certificate, Abridgement As. fol. 138. The Tenant may relinquish his Bar, and plead the general Issue, otherwise it is in Cozenage, Grandfather and great Grandfather, but he cannot plead a new Bar, 40 Ed. 3. fol. 49. Ass. Assize, the Tenant pleads in Barr the Deed of the Ancester of the Plaintiff with warranty, and the Plaintiff makes Title, and after the Tenant waives the Bar, and pleads in abatement, that the Lands are in another Town, and cannot, 1 Book of Assizes 17. Assize, If a Plea be pleaded, and the Justices die, all shall be pleaded a new, but if they are at Issue they shall stand, 4 H. 7. fol. 7. Where in 〈◊〉 Assize a man shall have divers Pleas to the writ and conclude over, no wrong, no Disseisin, and where not. NOte, that the party himself or his Bailiff may have divers Pleas, where one is not contrary to the other, concluding over, no wrong; as if he plead mis-naming of the Plaintiff, if it be not found; no Tenant of the named in the Writ, and if it be found, no such Town and such like; and notwithstanding, and if it be not found, no wrong, for one is not contrary to the other, but if he will say, that the Tenements are in another Town, and if it be not found no Tenant of the named in the Writ, and if it be not found no wrong, these Pleas he shall not have, for he shall not plead no Tenant of the Freehold named in the Writ, etc. And after say the Tenements are in another Town. Note, though the book at large be, if it be found leaving out this word, (Ne) yet the book of Entryes is, (if it be not found) and so it seems in reason that it shall be as above, if it be not found, etc. 36 H. 6. fol. 1. Where one pleads to a Writ and also in Bar, what Bar is that which doth not go to the point of Assize? scilicet, no wrong, but it is a Bar out of the point of Assize, in such a case he shall not have both the Pleas, for by such Bar the Plea to the Writ is waived, as in an Assize of Rent, the Tenant pleads wrong naming of himself, and if it be not found, out of his Foe, he shall not have these two Pleas, 3 Ed. 3.15. Tit. 172. Tit. 223. It seems if the Tenant plead in abatement of the Writ, he shall not plead over to the Assize, if his Plea to the Writ be not triable by the Assize, 22 Book of Assizes 14. In an Assize of Rent, the Bailiff pleads mis-naming of the Town, and if found not so, etc. That another is Tenant of the Rent not named, for this is not contrary, and it seems that in an Assize of Rent, the Tenant of the Land may say that the Land whereout, etc. is in another Town, and if found it be not, that he hath a taker of the Rent not named, contrary it is in an Assize of Land, 15 Ed. 3. Tit. 55. In Assize by a Master and his Brethren of the fraternity of nine orders, of Angels in he County Middlesex, Defendant plead no such corporation by this name in this County, and if it be not found, not wrong, he shall not have them both, for the first Plea is in Bar, and shall not have Barr and general Issue, 22 Ed. 4 fol. 34. Assize of Lands in Woxbridge, the Tenant pleads that they are in Collam and not in Woxbridge, and if it be not found, no wrong, and he hath, 11 H. 4. fol. 2. b. It is said that in an Assize the Tenant or his Bailiff may plead tewnty several matters in abatement or to an Assize, and conclude if it be not found, etc. and is good, 1 Ed. 4. fol. 4. and 8 H. 6. fol. 9 Where the Assize shall be awarded at large, that is to say, in point of Assize, that is to say, to inquire of Seisin and Disseisin, and where in Right of Damages, and where not. Assize, the Tenant pleads in abatement, that the Plaintiff hath received the Land of him hanging the Assize, and that he hath let to him for years again, and the Plaintiff saith that he hath continued his Estate which he had by Disseisin, without that, that any Estate, present of him he take, and the Assize was charged upon the point, and over upon the Seisin and Disseisin, 10 book of Assizes 24. If the Tenant plead in Barr and the Plaintiff makes title, and the Tenant doth not traverse that, the Assize shall be awarded at large, 45 Ed. 3. fol. 24. Where there is a good Bar pleaded, and an outing is confessed and the Bar is traversed, or if the Plaintiff make Title, and that is found for the Plaintiff, or if there be an ill Bar pleaded, that the Plaintiff need not answer, but say come the Assize upon the Title, and it is found for the plaintiff, in all these cases the plaintiff shall have judgement without enquiring of Seisin and Disseisin, 6 H. 7. fol. 2. Where the Plaintiff makes Title at large without answering to the Bar, and the Tenant do not traverse this Title, he shall not answer to that, as that confessed and avoided, or without saying, let the Assize come upon the Title, but let the Assize run without any thing saying to the Title, there the Assize shall be taken at large and not upon the Title, as in the Assize the Plaintif makes Title at large, and in the end saith (and this he is ready to aver by Assize, and the foresaid tenant likewise) the Assize shall be taken at large, the reason as above, so it shall be done as it seems, where the Title is no Title at large, but such which confesseth the Bar and avoides it, and so it is held by Shared, 28 Assize 24. Contrary Law is, if the plaintiff in his Title traverse the Bar, and the Tenant let● the Assize ●un, there the Assize shall be taken to inquire of the thing traversed, and also his Title, as it appeareth, 26 Ed. 3. fol. 61. And the reason of this seems to be, for that, that in Assize the Plaintif shall not be received to traverse the Bar without making Title, and so the Title there material, and so note that the Assize shall not be awarded at large, but in such a case where the Title is not material, 45 Ed. 3. fol. 24. When the Assize is taken at large, if they find another Title, the Plaintif shall recover, and the Assize if they will may inquire only of Seisin and Disseisin, without being charged or compelled to find any Title, as in Assize nothing is pleaded but no wrong, here the Assize may find Title if they will, or otherwise say nothing but of Seisin and Disseisin, and also note that in these cases before; the Assize is awarded at large, without enquiring of the Barr. And the reason is that that which is the Bar is waived; the same Law is where the Bar is not good, and the Plaintif makes Title, accepting the Bar, 28. Assize 17. If the Bar be ill pleaded, and the Title good, the Assize shall be awarded in point of Assize, and not upon the Title, for if it be pleaded ill on the part of the Defendant, the Assize shall be awarded in point of Assize, that is to say, of Seisin and Diffeisin, 35 H. 6. fol. 54. By Fortescue, and 33 H. 6. fol. 40. by Littleton. The tenant pleads for rain Release, and it is found against him, notwithstanding the Deed of the plaintiff, now the Assize shall be awarded in right of the Damages, for an outing is confessed implicatively, by pleading a Release, 23 Ass. 11.8. Ass. 15. but 30. Ed. 3. Fitzh. Ass. 100 The Assize shall be taken at large. The Tenant pleads Deed of the Ancestor of the Plaintif in Bar, and found false, by which it was inquired only of Damages, 17 book of Assizes 13. The Tenant pleads foreign Release in Bar, upon which they were adjourned, and the Defendant makes default, by which the Assize was awarded at large, see 26 book of Assizes 30. 30 Ed. 3. Tit. 100 and 17 book of Assizes 31. Notwithstanding it seemeth where an outing is confessed, directly or impliedly; and found for the plaintiff, the Assize shall be awarded to inquire of Damages, and not upon the Seisin or Disseisin only. If the Tenant plead a dying seized, and doth not acknowledge an outing Seisin and Disseisin, shall be inquired, 8 H. 4.51. When an Infant brings an Assize and the Tenant pleads a Deed of his Ancestor, than the Assize shall be awarded to inquire at large, Natura brevium, fol. 169. In point of Assize it is, when the Tenant pleads no wrong no Disieisin, and out of the point, is properly when the Tenant pleads foreign Release, or for rain matter triable in another County, and in right of Damages is when the Tenant acknowledgeth over, and pleads matter which is found against him, or acknowledgeth over, or demurs in Law and that is adjudged against him, now the Assize shall be taken in right of Damages, 15 Ass. 3.18. Ass. 8.23. Ass 36.26. Ass. 41.28. Ass. 15.28 Ass. 14.17. b. If the Tenant plead Release, and the Assize found for the plaintiff, the Assize shall be awarded in right of Damages; the same Law is, if the Tenant plead Record and fail of that, the Assize shall be awarded in right of Damages, 8. Book of Assizes 10. The Tenant pleads foreign Release, by which they were adjourned in Bench, and found not his Deed, and the plaintiff release his Damages, and hath Judgement forthwith, 6. book of Assizes 4. The Tenant pleads foreign Release in which are witnesses, and Process was awarded against the witnesses which make default, and the Assize was awarded in point of Assize, 18 book of Assizes 8. Where the Tenant pleads a Record, and fails of that by the Statute of Assize shall be awarded in right of damages, 27. Ass. 1.17 Ass. 2.13. Ass. 15. and 16. and 23. Ass. 3. Note, that in Assize, where the Plaintiff makes Title at large without answering to the Bar, and the Tenant do not traverse the Title, nor answer to it as to confess and avoid, in saying comes the Assize upon the Title, and lets the Assize run without saying any thing to the Title, there the Assize is taken at large, and not upon the Title, as in Assize the Plaintif makes Title at large, and in the end saith, he is ready to affirm this by Assize, and the aforesaid Tenant likewise, 28 Ass. 24. If the Tenant acknow ledge an outing in his Plea, the Assize shall be awarded in right of damages, 1 H. 6. fol. 5. 6 E. 6. fol. 418. Assize against two, if one take the Entire tenancy, and plead in Bar, and the other make also plaintiff choose his Tenant, the same Law, if one plead no wrong and the other plead a Bar, without that, that the other hath nothing, and every one take the Entire Tenancy. In Assize against many, where the Plaintiff ought to choose his Tenant at his peril, and where not. Assize against two, if every one of these take the whole Tenancy and severally plead in Bar to the whole Tenancy, the plaintiff aught to choose his Tenant at his peril, but if one plead in Bar; and the other knowledgeth the action, or saith nothing, it is otherwise, 33 H. 6. f. 36. and 37. Assize against two, it seems if one plead in abatement and the other in Bar, if the Plaintif mischoose his Tenant, it is not material, but he shall answer to the Plea in abatement, but divers seem the contrary, and it seems if both plead in abatement, he ought to choose his Tenant at his peril, see 8. book of Assizes 1. and 44 Ed. 3. fol. 23. Assize against two, each taketh upon him the whole tenancy, and pleads in Bar, the Plaintif mischoose his tenant and was barred by opinion, 20 book of Assizes 4. Assize against two, one takes the tenancy and pleads no wrong, and the other takes the tenancy, without that, that the other hath any thing and pleads in Bar, there the Plaintif shall be constrained to choose his tenant at his peril, as well as if both had pleaded in Bar, and had accepted the tenancy severally, and if it be found that he mischoose his Tenant, the Writ shall abate, but he shall not be barred, 9 Ed. 3. Tit. 384. The Plaintiff was admitted to choose his Tenant after adjournment, 23 Ass. 16. Assize against two, each takes his tenancy and pleads, it seems here, that the Plaintiff at his own peril shall choose his tenant, and that shall be first inquired, and by some, if he mischoose his Tenant the Writ shall abate, 8 Ass. 1. Assize against two, one pleads that he is a Villain of J. S. and the other by Bailiff plead to the Assize, and the Plaintif chose him which pleads by Bailif to the Assize for his Tenant, and pray the Assize, and he comes and pleads in Barr and was suffered the same day, 22 book Assizes 7. Assize against an Infant and two others; where each one severally takes the whole tenancy upon him, and pleads in Bar, the Plaintif shall choose his Tenant at his peril, and he chooseth the Infant for the Tenant, and the Tenant, and they found the Infant Tenant, and the two others Disseisors also, and the Plaintif recovers, but it seems there if he mischoose his Tenant, the Writ shall abate, and for that, that the Diffeisin was made to the use of the Infant, which did not enter and is Tenant only by agreement, for that it seems it is here an Error to adjudge the Infant Tenant which had nothing but by agreement to the Disseisin, 3 H. 4. fol. 16. If the Plaintif choose one to be his Tenant of all, which is not tenant, the Writ shall abate, Abridgement of the Assizes, fol. 41. B. By Fortescue in Assize against two, one takes the tenancy severally and pleads in Bar, the Plaintif shall not answer to their Pleas in Bar, nor to none of them, but first shall choose his Tenant, then after may the plaintiff answer to his Bar sufficiently in time, and if he ill choose his Tenant, the Writ shall abate, Abridgement of the book of Assizes fol. 116. a. Return of Assize against J. S. Pledges to prosecute Adam Clarke. David Park. THe within named J. S. is attached by one Ox, of price twenty shillings. The Rest of the execution of this complaint (and before the Justices of Assize) and of this Writ, doth appear in ●●●ertaine Schedule annexed to this Writ. J. D. Esquire, Sheriff. The Pannell. THe recognition of an Assize of novel Disseisin, betwixt J. D. Plaintiff, and J. S. Deforceant, of a Freehold in D. and then the names of the Recognitors follow; and afterward, The sum of the Jurors aforesaid, and every of them, John Hart. Richard Smart. Manucaptors, summoners of the aforesaid Jurors, and every of them, John Do. Christopher Croo. John Den. Richard Fen. This by Plowden, Com. fol. 37. Ass. 12. What is a good Title in Assize for the Plaintiff, and what not. TEnant plead in Bar, it is no title for the plaintiff to say, that he was seized tell by the Tenant disseised and traverse the Bar, without conveying unto him possession by title before his possession as by feoffment or otherwise, 27 H. 6. fol. 2. Tenant pleads a feoffment made by J. S. to him and gives colour, plaintiff saith, that J. D. levied a fine upon release to him, and it is not good, but to say that he was seized, and levied a fine, otherwise the title is good, so if he be entitled by feoffment, or recover of a stranger, he shall say for title that the stranger was seized, and enfeoffed him, 10 H. 6. fol. 22. Where the Bar is material, as diffent, feoffment of Ancestor the plaintiff with Warranty, Recovery, Fine, etc. plaintiff shall not make title at large, but aught in his title answer the Bar, as confess and avoid or traverse it, but where it is a Bar at large, he may make title at large, without answering the Bar, 34 H. 6. fol. 46. 35 H. 6.67. and the book of Entries 120. 5 H. 7. fol. 29. Where the Bar is not sufficient, the Plaintif may demur and need not to make title, and where the tenant in his Bar gives sufficient title to the plaintiff, plaintiff need not make title, as if the tenant saith that his Father had him eldest and the Plaintif youngest, plaintiff may say that the tenant is a Bastard without making title, and is good, 20 H. 6. f. 38. and 39 Where the plaintiff makes title at large, the tenant may say, come the Assize upon the title, and is good, 15 H. 7. f. 13. The tenant pleads that he recovered against J. S. and the Estate of the plaintiff mean by abatement upon J. S. hanging the Writ, plaintiff saith, that long time before the Writ that he himself was seized, and good, without showing how he came to it, for the Defendant hath given to him possession, seek 9 book of Ass. 10. The tenant pleads feoffment of the Grandfather of the Plaintif with Warranty, plaintiff saith that his Grandfather was seized, and he as Cousin and Heir to him entered, and is good without showing how his Grandfather came to it, see, 10 Ass. 23. 9 Ass. 11. The tenant pleads one Bar, the Plaintif entitles himself by release with collateral Warranty, and it is good, 17 Assize 18. 38 H. 8. Tit. 3.26. Br. Tit. Traverse, P. 26. if the tenant plead that his Father was seized in Fee, and by protestation died seized, it is said that the Plaintif may make title by a Stranger, without that, that the Father of the tenant was seized in Fee. 5 H. 7. fol. 29. Where the Bar is material, the Plaintif shall not make his title at large without answering to the Bar, but in Assize, 34. H. 6. fol. 24. 11 H. 7. fo. 28. If the Bar be ill, the Plaintif may pray the Assize without title. 6 Ass. Tenant pleads Fine of an Ancestor of the plaintiff, to which the plaintiff saith, the same Ancestor had but for life, the reversion in him, and that he entered by forfeiture, and good, without showing how he hath the reversion. Nat. Bre. 109. If the tenant pleads Plea in Bar, and the Plaintif makes him title and traverseth the Bar, although the title of the Plaintif be false yet the tenant shall not have advantage, to take the Assize upon the title, but he shall be driven to maintain his Bar, otherwise it is where the Plaintif makes him title and doth not answer the Barr. Abridgement of book of Ass. fol. 81. Where the title is found for the Plaintiff, and there is no Disseissor, the Writ shall abate. The tenant saith that J. S. held the Land of him and died without Heir, by which he entered, as in his Escheat and gives colour, etc. the plaintiff faith, one H. enfeoffed him, and it is no title, for he ought to answer to the Bar as well as where the tenant makes title by descent, 27 Assize 71. Assize of Rent, it is no title to show that J. S. granted to him the Rent by Deed or by Fine, but he ought to show how the Rent began, that is to say, If it be a Rend charge, or a Rend service, or a Rent Seck, 31 Ass. 16. Assize, the tenant pleads in Barr feoffment of the Father of the Plaintif with warranty, and the Plaintif saith, that his Ancestor died seifed, and this descended to him, and allowed by Scroop without showing how he came to that afterwards, 10 book Ass. 23. Where the tenant prays the Assize upon the title, and upon that the Assize is awarded, the Assize cannot find other title for the Plaintiff, but he may find matter, which may stand with the same title to enforce it, but if the title be traversed, he cannot find another title, but only the point put in the Assize, 28 book of Assizes 17. An Act of Parliament, Fine or Recovery are of such a force, that if one be bound by them, the Plaintif cannot make title to this Land, unless by reason of a title to him grown of later times. As if one recovers against me or my Ancestor, and hath execution, and after Lenten, and die seized, my Heir shall not make him title by his descent, against the Recovery, without showing he hath title after the recovery, the same Law of a Fine, see 10 H. 7. fol. 5.32. H. 6.5. and 33 book of Assizes fol. 19 Pleas in Barr and in Abatement. IT seems a feoffment of the Plaintif is no Plea in Bar, for that amounts to no wrong, nor Desseisin 2 H. 4. fol. 20. the same 15 Ed. 4. fol. 11. 18 Ed. 4. fol. 11. A Lease for years or for life, the reversion to the plaintiff or a feoffment of the Plaintif with warranty, and rely upon the warranty, is a good Bar●. Abridgement of Ass. fol. 31. The tenant may plead, that partition was made between the plaintiff and J. S. whose Estate he hath, and it is a good Barr. 30 H. 6. fol. 1. Assize, the tenant saith that the Lands put in view, and in plaint are in another Town, and if it be found, no tenant of the named in the Writ, etc. By the Court he shall not have the second Plea, for none may say that the Land is in another town but the tenant, and so hath accepted the tenancy by his Plea. 30 H. 6. fol. 7. Assize, the tenant saith that T. B. was seized and disseised by W. W. to whom T. B. made release, and against his own Deed disseised W.W. and enfeoffed five persons, which enfeoffed the plaintiff, upon which W. W. reentered, whose Estate the tenant seized hath, it is good, see Pleas in Bar Tit. Abridg. Ass. fol. 30. Abridgement Assize, fol. 41. If the Plaintiff choose one to be his tenant of all, where he is not, the Writ shall abate. Abridgement of Assize, fol. 42. A man cannot plead in Assize that there is another hanging, to which he hath appeared, unless that he take the tenancy upon him, and for that it is no Plea for the Disseisor. Bridgement Ass. 44. Death of one of the tenants shall not abate the Assize, but for the portion, if he be a Disseisor, and tenant of another parcel, 27 Ass. 45.40 Ass. 15. Abridgement Ass. fol. 43. Assize of tenements in D. and S. the tenant says that all is in S. if that be so, the Writ shall abate, for he cannot abridge a whole Town, but see now by the Statute of 21 H. 8. chap. 3. where he may abridge. Abridgement of Ass. fol. 45. Assize of Lands in D. is no Plea if there be two Dales, for that the Plaintiff shall recover, by the view of the Jury, 29 Ass. 59 Abridgement of Ass. 106. Assize, tenant pleads in Bar, and after the Jury hath the view, he leaves his Bar, and pleads to the Assize. Plaint in Assize. PLaint of profits of an Office, though it hath no form it shall not abate, as first it ought to suppose disseisin, and after shall make title, and though it were not so, it shall not abate, 12 H. 6. fol. 22. Plaint of a Croft is good, but Praecipe of a Croft is not good, Abridgement of Assize, fol 130. b. and 8 Hen. 6. fol. 3. Time of Ed. 6. Brook, tit. False Latin and form, 66. Wood was put before Pasture in a Plaint of Assize, and exception thereof taken, yet good, though it were contrary to the Register, by the Commentaries, fol. 169. Plaint of a Croft, and was amended, 14 Ass. 13. and 25 Ed. 3. tit. 25. the same, Brook, demand. 17.34. Plaint of a piece of Land, containing in length twenty feet, and in breadth ten, and is good, 14 Ass. 13. and 9 H. 4. fol. 3. the same. Plaint by the Governor of an Hospital; it shall be of a House and not of an Hospital, 8 Ass. 29 and Assize 137. Plaint of two parts of Salt Coot, is good, ninth Book Ass. 12. Plaint of a Garment, or thirty shillings, though it be uncertain, for that it is according to the Deed, it is good, 11 Book of Ass. 8. Plaint in Assize of a Garden lieth, but not a Praecipe, 22 Ed. 3. tit. 22. 5 Ed. 2. Brook demand. 39 and Fitzh. brief 797. Plaint was of a Mill and doth not say a water-Mill, nor Windmill, yet good, 21 Assize 23. Plaint of a Garment and the specialty is of a Garment with fur, and the plaint good, for the Garment contains all, 22 Ass. 10. Where the Plaintiff may abridge in Assize, and in what other Actions he may abridge, and how. IN a Writ of ward, the Writ is (of the custody of the Land and Heir) and is not certain, and for that he may abridge as he may in assize and Writ of Dower, 39 Ed. 3. Tit. Brief 10. and 32. In trespass, the Writ is (of Goods and Chattels) and he counts of Corn, and ten pounds, and for that, that Money is not (Goods and Chattels) he abridged it, see, 8. Tit. abridgement 11. which saith, that he ought to express the Money in the Writ, and for that he did not, he abridged, 39 Ed. 3. Tit. Brief 11. In all cases where the Writ is (of a ) and uncertain he may abridge by June, as in assize of Dower, and a Writ of ward, 14 H. 6. fol. 4. In ward for that the Demand is not certain, but of the (custody of the Land and Heir) therefore the plaintiff counts of the Manor of D. and twenty acres, and the Defendant saith that the twenty acres are parcel of the Manor, the Plaintif may abridge the twenty acres, 39 E. 3: f. 10. Brooks abridgement 10. Assize of Land in great Dunmowe and little D. you cannot abridge all in one Town, 8. H. 6. fol. 56. Assize, and in Dower he may abridge, but he cannot abridge a whole Town, 14 H. 6. fol. 4. Assize where a plaint is of a Manor, he cannot abridge, for that it is entire, 19 H. 6. fol. 13.33 H. 6. Tit. abridgement 2. Assize, plaint of Rent and Land, after that the Tenant hath pleaded in Bar, the Plaintif shall abridge in right of the Land, 14 Ass. 9 Plaint abridge in attaint, Rast. Assi. 17. 35 H. 6. fol. 13. Assize of Common in forty acres, the Plaintif cannot abridge, for that that the Common is Entire, but at this day it is contrary by the Statute of, 31 H. 8. chap. 3.29. Ass. 10. Plaintiff in every Assize at his pleasure may abridge, and for that also by the Statute may abridge where the plaint is of a Manor, 21 H. 8. chap. 3. After Verdict he cannot abridge. IT is said, that after Verdict, the Plaintiff cannot abridge his Plaint, 28 As. 38. Dower demanded may abridge after view, Edw. 3. fol. 3. Assize, they were adjourned upon Title. Assize, they were adjourned upon Title, and for that, that they cannot agree at the day of the Adjournment, after the argument, Plaintiff abridge and might, 10 H. 6. fol. 22. After the Jury in Assize were together in the house before their Verdict came, the Plaintiff, and abridged, and was suffered, 33 H. 7. Tit. 6. B. Attornement. WHen any Manor descends to the Lord, upon every descent to the Lord, it belongeth to the Steward at the first Court to make all the Tenants to make Fealty; and also upon every purchase of Manor to enter the Fealty of every Tenant which holds of that, and also to enter their Attornement and Seisin of Services, to the end that the Lord may by this means distrain for his Services, and the Tenants may hereafter be better known to him, and by 28 H. 8. Tit. 40. Attornement may be made by Tenants to the Lord in his Court, to the Steward or Purchasor, and not to his Servant in absence of the Lord. For that something shall be said of Fealty, and where there ought to be Attornement, and where not. IT is said, that the Tenant that hath made Homage to the Father, shall not make Homage to the Son, for that he hath once made Homage to his Lord, but yet he shall make Fealty to the Son, though he have made it to the Father▪ but if the Manor be recovered against the Father which hath taken Homage, now he shall make Homage again, Littleton fol. 29. If a Manor be exchanged, yet there ought to be Attornement, otherwise the Lord cannot distrain for the Arrearages, Perkins fol. 47, 56, 58. If one alien his Manor by Deed indented of Bargain and Sale, and enrolls that according to the Statute; that is good without Attornement, and the Lord may distrain for his Services, and the same Law is of a Reversion so granted, Rastall, Inrolment 2. but of a Grant by Fine it is otherwise, 27 H. 8. chap. 16. 30 H. 8. Tit. Attornement. If the King grant Reversion of Lands, or grant a Manor to one and his Heirs, or otherwise by his Letters Patents, the Patentee may distrain or avow without Attornement, and he need no Attornement, 34 H. 6. fol. 7. Fitzh. fol. 60. J. & 6 Ed. 3. Tit. 13. Natura brevium fol. 171. accordingly, 12 Ed. 4. fol. 3. Where a Manor or Reversion is devised by Will in writing, that is good, and shall pass without Attornement, 19 H. 6. fol. 24. Littleton fol. 132. accordingly of Devise, where Lands were devisable by Custom, 34 H. 6. fol. 7. The Lord may avow upon the Tenant by the Courtesy, and in dower, and upon him which recovered against his Tenant without Attornement, for they are in by Law, and need to have no Attornement, 36 H. 6. fol. 35. If one have a Manor delivered in Execution by virtue of a statute Merchant, or an Elegit, he may avow without Attornement, 20 H. 6. fol. 7. Where a Manor Escheats, or the Lord have that as a Perquisite by his Villain, he may avow without Attornement, Littleton fol. 132. 34 H. 6. fol. 7. accordingly, and Fitzh. fol. 60. J. If a man have a Common of Pasture to a certain number, or a Common of Estovers certain, and grants them over, these shall pass without Attornement, for that they are not to be taken by the hands of Tenants, but by the mouths of Beasts; and where no attendance nor payment is to be made by the Tenant, there the things may pass without Attornement, 31 H. 8. Tit. Attornement. Where a man lets for forty years, and after lets the same Land to another, to have the Land from the end of the first Term for twenty years, there need no Attornement, and contrary when he grants a Reversion, to have the same Reversion at the end of the first Term for twenty years then next ensuing, there ought to be Attornement by Horewood, 37 H. 8. Tit. 41. and 1 Ed. 6. Tit. 4. A man lets a House for Life, and after grants the Reversion of the said House, to have from the Feast of Saint Michael, next after the Death of the Tenant for Life, for 21 years then next following, this is go●● without Attornement, for this passeth by (to have) the House as a Lease, and not as a Reversion; and also the Tenant for Life is not attendant to him, 3 Marry Tit. 69. One lets for twenty years, and this Lessee lets that for ten years rendering Rend, and after this Lessee for twenty years grants the Reversion of the Term Rend to a stranger, it behoveth that the Lessee for ten years' attorne, otherwise it is if no Rent be reserved, 2 Ed. 6. Tit. 45. If a man lets for ten years, and the same Lessee lets that to another for four years, the Lessor makes a Feoffment to a stranger, by sufferance of the second Lessee, this is a good Feoffment without Attornement of the first Lessee, 28 H. S. Tit. Feofments 68 B. Two joint-tenants, and one release to the other, it is good without Attornement, 28 H. 6. Then let us see what is good Attornement, and what not. WHere a Reversion is granted, and the Tenant attorn by a Penny, it is good, for it an Agreement, 8 Book of Assize 25. A man grants four divers Rents, and the Tenant attornes by a Penny, this is good for them all, that is to say, for them all to distrain, but not for them all to have an Assize, for it is not Seisin, 22 Book of assize 66. Attornement ought to be made by the Tenant in the life of the Grantor, for Attornement after is not good, 16 Book of Assizes 25. A Lease is made for Life; and after the Reversion is granted to one, and the Tenant for life surrender to him, this is a good attornement, 23 As. 18. A man seized of two acres, or of two Manors, let's one for years, and after makes a Feoffment of both, and makes Livery of that in Possession, yet the other shall pass without attornement, 7 Ed. 4. fol. 20. Where a Feoffment and Livery is made of a Manor, that one hath in execution by a Statute, this Livery is as an attornement, if the Tenant by Statute enter again, 46 Ed. 3. fol. 30.7 H. 4. Statham 46. the same. If a man lets a Manor for years, and after outs the Termor and enfeoffs another, and makes Livery, and the Termor re-enter, it is good without other attornement, 5 H. 5. fol. 12. the same, 9 H. 6. fol: 16. the same, Littl. fol. 130. If a Feoffment be made, and Livery also, and do not out the Termor, nor he attorne, it is not good, 5 Book of Ass. 1.17 Ass. 3.2 Book of Ass. 1. the same, and 21 H. 7. fol. 7. If my tenant for life lets his Estate to another upon condition, for default of payment to re-enter, and after I grant the Reversion, and the first tenant attorns, this is not good, for he hath nothing at the time of the Grant of the Reversion, 8 H. 5. fol. 10. A man lets his Manor for life, and after grants the Reversion of that to another, if the tenant for life attorne, it is good, and all the services of all the Freeholders' of the Manor shall pass without other attornement, 21 Ed. 3. fol. 34. Payment of Rent is good attornement, 49 Ed. 3. fol. 15. Payment of Rent in name of Seisin is agreement and Seisin, 40 Ed. 3. fol. 34. Where they are compellable to attorne, and where not, and what Tenants are compellable to attorne, and what not. WHere a Reversion or a Manor is granted, unless it be by Fine, there lies no Quid juris clamat to compel the tenant to attorne, but upon a Grant by Fine, and not upon a Grant of Reversion by Deed, Nat. brevium, fol. 170. If a man alien his Manor, he need not that the tenants at will attorne, and the same seems of tenants by Copy of Court-roll, Br. Tit. 44. Littleton fol. 125. By Seisin by the hands of the tenant at will, the Lord by that cannot avow, 8 H. 6. fol. 65. Tenant for life grants his estate to J.S. upon condition, and after the reversion is granted by fine, and the first Tenant for life attorns, it is not good, and he is not compellable to attorn, but J.S. 8. H. 5. fol. 10. If I let for life, and after grant the reversion by fine, and after Tenant for life grants over his estate to J.S. yet after attorns, it is good, for he was compellable to attorn, and not J.S. 18. Ed. 4. f. 10. and 21 H. 6. fol. 61. If Tenant in Dower grant over her estate to J.S. and after the reversion is granted by fine, she is compellable to attorn and not, J.S. 10. H. 4. fol. 10.1. H. 4. fol. 18. the same. If Tenant by the Courtesy grant over his estate, and after the reversion is granted by fine, Tenant by the Courtesy is compellable to attorn, 18. Ed. 3. fol. 3. He which was Tenant, day of the fine levied, though he hath granted over his estate, is compellable to attorn, 18. Ed. 4. fol. 10. Also 18. H. 6. fol. 25 and 21. H. 6. fol. 6. the same. After a fine engrossed and that delivered, the Tenant is not compellable to attorn, for a Quid juris clamat lieth against him, Fitzh. fol. 147. and 11. Ed. 3. Statham. If I give lands in tail, reserving rend, and I grant that rent by fine, the Tenant shall be charged to attorn, otherwise it is if I grant the reversion, for there he is not compellable to attorn, 5. H. 5. Statham. Where any person is not cempellable to attorn, and yet attorns, and their attornement good, and where not. TEnant after possibility of issue extinct, is not compellable to attorn, and yet if he attorn, it is good, 43 Ed. 3. fol. 15.46. Ed. 3. fol. 13. If Tenant in tail attorn it is good, and yet he is not compellable to attorn, 3. Ed. 4. fol. 11. If Donor grant the reversion of Tenant in tail, to another in fee, if the Donee attorn gratis, it is good, and yet he is not compellable, 12. Ed. 4. fol. 3. If a Lordship or Manor be granted by fine, and after the Tenant which hold of that, makes a feoffment or is disseised, if the feoffee or disseisor attorn, it is good, and yet they are not compellable to attorn, 18. Ed. 4. fol. 10. If a man lets for 10 years, and the same lessee lets for four years' attornement of the second lessee is good, and yet he is not compellable to attorn, and clear is attornement of the first, for he ought to attorn, 28. H. 8. tit. feoffments 68 If I let for life, and grant the reversion by fine, and after the grant, and before attornement, the Tenant for life lets over his estate to J.S. and he attorn gratis, it is good, and yet he is not compellable to attorne, 21 H. 6. f. 54. and 20. Ed. 3. Brook, Tit. 24. Fine is levied of a Lordship, and before attornement the Tenant makes a feoffment, and after the feoffee attorns, this is good, and yet he was not compellable to attorn, but his feoffor was compellable, 18. Ed. 4. fol. 10. Now let us see that the grantee by fine without attornement cannot have action nor avow for rent, which is in lieu of action, nor have waist, but may have all other things, as entry for forfeiture, and have escheat and things in seisin, and take, and have aid. WHere a reversion is granted by fine, the right passeth, and for that Tenant for life shall have aid, though he make no attornement, 12 E. 4. f. 3.37. H. 6 fol. 5. the same, 35. H. 6. fol. 5. Where a Manor is granted by fine and Tenants do not attorn, the Lord cannot distrain for rent, but shall have escheat of them, 10 H. 6. fol. 17.34. H. 6. fol. 7. the same, 20. H. 6. fol. 7. The Lord grants his Lordship by fine, the grantee shall have such things, which lie in taking, as ward, but he cannot avow for rent, Natura brevium, fol. 172. Grantee by fine of a Lordship cannot distrain; but shall have escheat and ward, though there be no attornement. But if Tenant for life alien in fee, he may enter for forfeiture, Tit. fol. 130. B. p. 131. A. Wast before attornement is dispunishable, but the grantee may enter for forfeiture or seizure but shall not have waist before attornement, 48 Ed. 3. fol. 15. and 34. H. 6. fol. 7. the same. Note that one cannot have an action without attornement, though the grant be by Fine. Attorney in Court Baron. THey that have tenements in divers Counties, and fear to be impleaded in a County, or in a Court Baron, may make a general Attorney to prosecute for them in all Pleas, Westin. 2. chap. 10. It is likewise provided, that every free man which oweth suit to the County Court, tything, hundred, or to the Court of his Lord, freely may make his Attorney, to follow his suits for him, so it appears that a Copiholder cannot so do but by assent of the Lord, he may compound to pay a certainty yearly, to release his suit, and that which he holdeth he may freely by the Statute; and it seems that the making of an Attorney, aught to be by writing sealed, and not by word, Merton, chap. 10. A Writ of making an Attorney or receiving, lieth in Court Baron, to make the Attorney to make suit, Fitzh. 175. B. there lieth an Alias, pluries, and an attachment, if he be not allowed, but Copiholder shall not have that writ, Fitgh. 156. D. One may make an Attorney to make suit personal, which is in a hundred or other Court Baron; but for suit Real, at the Leet or turn of the Sheriff, he shall not make that by an Attorney, Fitzherbart, 25. C. What action shall be sued in a Court Baron by plaint, and what not. WHere one sues several plaints for five marks, the other shall have a prohibition. And Detinue of writings shall not be sued there, and if he doth, the other shall have a prohibition, 5. Ed. 4. fol. 128. Where 20 l. is parted in several plaints under 40 s. Prohibition lies. Note there it is said. Supersedeas lies, and the Defendant there with safe conscience may wage his Law. But see 48 Ed. 3. Fitzherbart, fol. 46. A. The Lord himself shall have debt in his Court Baron, for that that the suitors are Judges, time of Ed. 1. Tit. debt, in Fitzh. 177. 6 Ed. 4. fol. 3. Suitors are Judges there. Debt or trespalle may be sued in Court Baron by plaint, but that is where the debt or damage is under forty shillings, that the Defendant in Trespass plead his Freehold, or that the Plaintif is his Villain, the Court shall cease, otherwise a Writ of false Judgement lieth, and also it is good exception to the Jurisdiction of a Court Baron, to say that the contract was made out of the Manor in another Town, 34 H. 6. fol. 53. A man shall not have account in Courtbaron, nor in County, 43 Ed. 3. fol. 19 Plea ought not to be removed in debt or trespass from this Court, but where a Debt or Damages amount above forty shillings or in replegiare, but I intent there shall not be a plaint in Replegiare in every Manor, but in this Manor where the Lord hath ancient authority by Charter to make Replegiare, yet divers seem the contrary, see Fitzh. Na. Bre. 14 H. 8. fol. 17. Trespass, Damages found eight pence in the common Bench, and the Plaintif recovers, but he cannot there count under forty shillings, and in Courtbaron he can-count above forty shillings, but under that, 19 H. 6. fol. 8. That Debt and Trespass shall be sued in Courtbaron Britton, fol. 61. Detinue of Goods may be sued in a Courtbaron, 6 ●. 2. Every stranger which comes within the Manor may be sued there in Debt or Trespass, under forty shillings, so that Debt, Detinue of Goods, and such actions personals (except account) where the Debt or Damages is under forty shillings, it is determinable in a Courtbaron by plaint there, 34 H. 6. fol. 53. Trespass (by force of Arms) doth not lie in a Court Baron, note that the contrary is used, 7 Ed. 4. fol. 23. Sheriff in the County may hold Plea by Justicies of the great Summons, but Justicies shall not be in a Courtbaron for Justicies shall not be directed to the Steward but to the Sheriff, and the Sheriff is Judge in a Justicies and Officer to the Court, but so is not the Steward, 21 Ed. 4. fol. 79. Fitzh. fol. 139. F. Note that Courtbaron hath no authority to hold Plea of , and of that to give Judgement, for execution thereof that is a Dissesin to the Tenant, 22 Ass. 64. Glanvile 94. saith, No man is tied to answer in the Court of his Lord of a , without the command of the Lord the King. Right patent may be directed to the Lord to be tried in a Courtbaron, but it cannot be tried there by great Assize, but it seems it may be tried by Battle and if the Tenant join Battle, the Lord may give day to try it, but Fitzh. fol. 4. E. saith, if the Lord will proceed or Issue is joined upon the great Assize, prohibition lies, and if Bastardy or any foreign Plea be pleaded, than they have no Jurisdiction in Court Baron, and if they proceed, Prohibition lies. Time of Ed. 1. Tit. Droit. 45. 1 H. 6. fol. 7. If plaint of Debt or Trespass be sued there, and foreign matter is pleaded, it shall not be tried in Courtbaron, 1 H. 5. fol. 12. If in a Writ of Right patent in Courtbaron for Charter Land, the Lord will not proceed to do right, the Demandant may go to the Sheriff and have a (Tolt) which is a command to his Bailif, that he take out the complaint and remove the Plea into the County, and after that also by a (Pone) in the common Bench, but the Tenant shall not have a (Tolt) but he shall have a (Recordare) with the cause, and the Demandant may have a (Pone) without cause, Fitzh. fol. 3. F. Note that a Writ of Right patent ought to be sued in the Lord's Court and not otherwhere, without the licence of the Lord, Testimony of the King, by Letter or otherwise, that he hath given licence and then he shall have his Writ, because the Lord hath remitted his Court in the Common Bench, Nat. Brevium fol. 15. None may distrain Free Tenants to answer of a Freehold nor of any thing belonging to the , without the King's Writ, Marleb. chap. 22. Copyholders' shall not be impleaded by the King's Writ, but shall be impleaded in the Court of their Lord by plaint, in nature of what Writ they will, Lit. fol. 16. Debt upon a Bill obligatory under forty shillings lieth in a Courtbaron. Fitzh. 2. E. If a Right parent be sued there in Courtbaron, and foreign matter be pleaded there, or Issue joined to be triod by great Assize, there shall go a Prohibition. Fitzh. 39.6. The Tenant may have prohibition directed to the Sheriff to prohibit Bailiffs of the Court where the Miso is joined in a Writ of Right upon the Grand Assize, unless Battle were there offered. Marleb. chap. 20. None except the Lord the King, shall hold Pleas in his Court, of false Judgement given in the Court of his Tenants, because these Pleas especially belong to the Crown. Fitzh. 4. E. If a Plea be held there which ought not, a Prohibition lieth. Fitzh. 47. b. Detaining of writings shall not be sued in a Courtbaron. Fitzh. 139. D. If a man hold plea in County of Trespass by force of Arms, the Defendant may sue a Supersedeas out of the Chancery. The same Law seems in a Courtbaron, 8 Ed. 4. Tit. Jurisdiction. B. 215. See, Fitzh. 85. G. That trespass shall be brought in Courtbaron and there see the form of the Writ, but it is not by force of arms there. Britton fol. 61. That Debt and Trespass shall be sued in a Courtbaron. Fitzh. 85. G. Trespass Viscountile, there shall not be (by force of arms) in the Writ. 8 Ed. 4. Tit. 115. Trespass doth not lie in a Courtbaron, (by force of arms) for a Fine shall not be set but in a Court of Record, and for that it shall not be there, (by force of arms) see Gloucester, chap. 8. 22 Ass. 64. If one implead more in a Courtbaron without a Writ and recover damages, where I plead to the Jurisdiction, and the Court ought to be outed; yet if the Bailif make execution of these damages by command of the Steward, he shall not be punished in trespass, for he doth that which he ought to do, till it be defeated by false Judgement, but if it were (before not a Judge) it is void, and otherwise. 9 H. 7. fol. 12. Recovery in the common Bench of Lands in the Countries of Lancaster, Durham, or Chester, is there (before not a Judge) otherwise it is there of recovery of Lands in the (five Ports). 22 Ed. 3. fol. 30. Formedon in the King's Bench and an Appeal in the common Bench, recovery there in these are void, see 7 H. 4. fol. 3. and 8 Book of Ass. 32. Gloucester chap. 8. It is provided that the Sheriffs shall plead in Counties the Pleas of trespass also, as they were wont to be pleaded, etc. 13 H. 7. fol. 20. Waste, to plead in that is not good, for that that Land shall be recovered, and so in an (Ejection firm,) and so it is in a (Collegendum,) they shall not be sued here, and by Fitzh. 220. H. Plaintiff shall recover his term and damages. Littleton fol. 60. If there be two Tenants in common for years, and one put the other out of possession, he shall have an (Ejection firm) of his half, for that it is to recover a real Chattel. So it seems that shall not be sued here, nor an ejectment of Ward which is in the realty. Fitzh. 220. H. Process of outlawry lies in an (Ejection firm) and yet he shall recover his Land again, unless it be expired, and also his damages. Littleton 93. A Writ of waist is a mixed action, so is an Assize of novel disseisin, and a (Quare Impedit) and for that they shall not sue here. Action upon the Statute of 8 H. 6. nor upon the Statute of R. 2. shall not be sued here, for that that they are given by Statute: but an action upon the case may be sued here if the damages are under 40. s. Plaint in Praecipe. Trespass in one tenement with a Toft adjoining, containing four Acres of land, agreed that this word (Tenement,) is uncertain. 3. E. 4. tit. 28. 11. H. 7. fol. 25. (tenement,) is no term to demand a house or shop. 45. Ed. 3. fol. 6. Praecipe of land in D. it is a good Plea that there is no such town. 41 Ed. 3. fol. 22. Praecipe in D. and S. for that, that D. is a hamlet of S. and he demands a thing twice, the Writ shall abate. 8 E. 4. f. 6. Praecipe doth not lie in a hamlet, but in a town, or a place known out of a town; but all Actions personal may be brought in hamlet, or town, or place known. Dower, Assize, and Scire facias, to have execution of a fine, it may be brought in a hamlet. 16. E. 3. Praecipe of a piece of land without certainty, is not good, but of a piece of land containing so much, is good: see before, 11. H. 4. fol. 38. 13. H. 4. Tit. 33. Dower of a Mill, though after the witness of the Writ it was made a (Toft,) it is good; otherwise if it were made a tossed before the witness of the Writ. 14. H. 4. tit. demand 5. the same. 13. H. 6. fol. 8. Upon two Verges of the Land are built houses, and they are meadow and pasture; they are now to be demanded as they are, not as before when they were verges. Fitzh. 192. 6. Ed. 2. tit. 41. Praecipe of passage over a water, etc. good. 27. H. 8. fol. 14. Praecipe is not good of a Common, but of pasture for two beasts is good. 4. Ed. 4. fol. 2. the same. 22. Ed. 4. fol. 13. by Jenney: A man shall have a Praecipe quod reddat of a house and garden, but he shall not have a Praecipe of a garden alone. For that, That Plaints shall be made for Copyhold in nature of Praecipe, let us see of what, and how plaint of Praecipe shall be made. PRecipe may be of a chamber, and yet foundation may perish, for that it is not in perpetuity. 5. H. 7. fol. 9 contrary, H. 6. 11 H. 7. fol. 24. Trespass may be brought of trespass in a hamlet, and Praecipe shall be brought of land in a town, and not in hamlet. 16 H. 7. fol. 7. Assize doth not lie of a Rectory: Seek if an (Ejectione firm) lieth of that. 9 H. 7. fol. 21. Praecipe of lands in D. by Bryan: over D. and nether D. is good in abatement. 7. H. 4. fol. 9 Wast in D. it is a good plea in abatement, that D. is neither town nor hamlet. 11. H. 4. fol. 38. Praecipe that he should restore a certain portion of land, is good by Hank and Hill. 6. Ed. 3. tit. Demand 41. praecipe of 8 foot of land in length and 6 in breadth, and good. 13. Ed. 3. tit. 32. & 33. Praecipe of an Oxgange of land, is good: Contrary of an Oxgange of marsh, for that cannot be gained, tit. demand 33. & 36. 40 Assis. 9 Praecipe shall be brought in a town, and not in a hamlet. 34. H. 9 fol. 1. the same. 34. H. 6. fol. 20. Praecipe shall be in a town, or of a Manor which is a place known out of a town, and not in a Hamlet. But an Assize in a Hamlet is good, and also in Dower. Who hath most Right, and Right aught to be sued there. LIttleton fol. 91. If a man be disseised by an Infant, the which alieneth in fee, and the Alienee dies seized, and his heir enter, the Infant within age, he may have a (Dum fuit infra aetatem) or a Writ of Right, or (Entry) at his election: for he hath more right than the heir of the Alienee. But if the Disseisee release to the heir of the Alienee, if now he bring a Writ of Right, the issue shall be upon the mere right, and shall be found for the heir, for now he hath more right by the release of the disseisee. Littleton fol. 93. If a disseisor die seized, and his heir in by descent, if the disseisee enter, and the heir of the disseisor brings an assize, he ought to recover: But if he brings a Writ of Right, the issue shall be upon the mere right, and there the heir shall be barred; for the disseisee hath more right. Right Patent is to be directed to the Lord, of whom the land is held, unless it be held of the King or Queen, and it is as a Commission to the Lord; that he shall do Right. And it may be removed by a (Recordare) by the Tenant with cause, and by a (Pone) by the demandant without cause, and after that it be removed in County, it may be removed by the demandant by a (Tolt) Fitzh. fol. B. and Britton fol. 275. where the Tenant puts him upon the grand Assize, it shall be removed, Fitzh. fol. 1. F. Where Judgement final shall be, and where not. IN a Writ of Right, Judgement final shall be given; but after the mice joined, and upon every recovery upon departure in despite of the Court, Judgement final shall be. As in Right against a Prior, which voucheth common Cryer, which entereth into the Warranty, and the demandant Imparles, and at the day the Vouchee departs in despite of the Court, and upon this Judgement final given. 26 H. 8. f. 10. 12 H. 7. f. 10. If the tenant in Writ of Right join with the mice, & after departed in despite of the Court, Judgement final shall be given. So if he join the Mice by a Champion, and makes default, Judgement final shall be given; but if he make default at the Nisi prius, and upon a petty Capias, yet he cannot save his default, Judgement final shall not be. The same Law if he make default after default, before the Mice joined, Judgement final shall not be. Fitzh. fol. 11. If a man lose by default in a Writ of right before the mice joined, yet he shall have a Writ of right against him which recovers. But after the mice joined it is otherwise, for then upon default after the mice joined the judgement shall be final as well against the defendant for his nonsuit, as against the Tenant, if he make default afterwards. 10 H. 6. fol. 2. Right, the Tenant vouches, and the vouchee comes in and joins issue, and the demandant imparles till the next day, and at the day, the Tenant was demanded and makes default, judgement final shall not be given against the vouchee there. 1 H. 6. fol. 7. Where the mice is joined by battle in right, and after the champion of the Tenant maketh default, judgement final shall be given. Time of Ed. 1 Tit. 44. if the Tenant make default after the mice joined, he shall lose the land for ever, if he cannot save his default. 3 H. 6. fol. 37. If the Tenant in right saith, that he hath more right, ready to try by battle, and the plaintif rejoin, and day given, and at the day, the Tenant makes default, And for that, that the Justices see a fine, by which the Tenant hath but an estate tail, they advise of the judgement, and clearly where the Tenant makes default after the mice joined, if it were fee, judgement final should be. Process in Court Baron, is summons, attachment, and distress, which is process at the common law, 34 H. 6. fol. 53. and 37. H. 6. fol. the same. By Martin, one cannot have a Capias in Court Baron, nor execution there (by Capias to satisfy) but the natural execution and process is, attachment of goods, as after more at large appears, 3 H. 6. fol. 56. Process upon plaints for Copyhold land, is the same process, which is at the common law, in nature of what Writ the plaint is. Amerciament in Court Baron for suit and otherwise, and what remedy for that, and where it shall be moderate. MOderata misericordia lies, where a man is amerced in a Court Baron outrageously, and upon that also lieth, Alias, pluries, and attachment. But if the amerciament be affirmed by equals, moderata misericordia, doth not lie, 10 Ed. 2. Tit. action upon the Stat. 34. And note, that this is the cause, that in all Court Barons three are sworn to ratify the amerciaments, after that the homage hath presented the offences, and Bracton calls them trusties, Amercers, and Affirmors, also it seems to be by the statute of Magna Charta, chap. 14. and by Westminster, 1. chap. 6. which is that a man be not amerced, but by his equals, Fitzh. fol. 75. A. Debt lieth by the Lord, for amerciament in his Court Baron affirmed, and there held that the defendant may wage his law in this action, also amerciament may be in Court Baron upon the plaintiff, if he be nonsuited, and upon the defendant if it be found against him, or if he fail of his law, Statham, 12 R. 2. fol. 65. A free man shall not be amerced for a small fault, but according to the manner of that fault, and for a great one, according to the greatness of the fault, saving to him his freehold, and to a Merchant saving his Merchandise, and to a villain saving his waynage. And upon this Statute is (Moderata misericordia) founded, as appeareth by the Register. And Glanvile saith, there is also mercy, because who by the oath of lawful men is amerced, shall lose nothing of his honourable freehold, Magna Charta, chap. 14. If the Lord of his own head amerce any Tenant or party in the Court Baron without cause, the party may have a trespass, if he be distrained for that amerciament, Fitzh. fol. 75. C. If the Steward or the Bailiff will assess any amerciament without confirming by two upon their oaths, after that the homage hath presented the offenders, there is a special Writ, thereupon the Stat. of Magna Charta, chap. 14. upon these words, that none shall be put upon the aforesaid mercies, but by the oath of good and lawful men, so that the Steward cannot confirm the said amerciaments, by this Statute, but the affirors or affirmors, Fitzh. fol. 76. D. Amerciament in Court Baron, which is the 12. and 13. Article of the Charge, for a Trespass done to the Lord, and what remedy for it. LOrd of Court Baron may have an action of debt in his own Court for amerciament due to him, Jurisdiction 117 Suitors. for that, that the Suitors are Judges there, and not the Lord in his Lordship. Time Ed. 1. Tit. 177. and Statham, 12. R. 2. fol. 5. Debt lieth by the Lord for amerciament assessed in Court Baron, and affirmed there, and Bracton saith, that the ascestors shall confirm, that they shall oppress none for hate, nor ease others for love, and that they shall not conceal those things which they hear, so that the Lord cannot amerce for trespass done unto himself, unless by custom and usage, otherwise it is extortion. The Lord cannot amerce a man in his own Court, for trespass made to himself by the Law, but he may by custom; but if he levy the amerciament, it is a good bar in trespass, be the custom so or not, and if it be not used, it is extortion, 12 H. 4. fol. 9 It seems that for a small trespass made to the Lord, he may be amerced in the Lord's Court, and if it be confirmed and paid, the Lord shall not have trespass of that, 14 Ed. 4.8. and 7. H. 4. fol. 8. If Tenant be amerced in the Lord's Court, for trespass to the Lord, it is extortion, but if the Lord accept the amerciament, it is good satisfaction for the prespasse, and good bar in trespass, 48 Ed. 3. fol. 8. In trespass by the Lord, it is a good bar that the trespass was affirmed by the Suitors, 48 Ed. 3. fol. 8. and 47. Ed. 3. fol. 19 Attachment in Court Baron upon debt or trespass or in any other action, it seems that he shall forfeit the thing attached upon default, and what thing shall be attached, and what not, let us see. By Billing, Wangford, and Needham, that in (Pone) in Court Baron the goods attached, if he make default shall be forfeit to the Lord, tit. Court Baron, 1. Brook report, that 37 H. 6. is contrary, but this is not in the long report, 34 H. 6. fol. 49. If a Bailif attach a beast in Court Baron, and it was returned attached, and doth not come, it is forfeit to the Lord, 28 H. 6. fol. 9 If the Sheriff attach a Cow the property is not out of the defendant, till he make default upon return of that, and if the Sheriff leave the Cow attached with the defendant, yet if he make default it is forfeit to the King, and the Sheriff may take it with him at the first if he will, 9 H. 7. fol. 6. By Brian, a plaint cannot be affirmed in a Court Baron, but the Court sitting, and so attachment shall be awarded, the Court sitting, notwithstanding it is used otherwise, 21. Ed. 4. fol. 79. By Babington, that attachment shall be by a mere chattel, which shall be forfeited by default of the party; but it shall not be by a chattel real, as a lease for years, or a ward, nor for apparel, 7 H. 6. fol. 10. That attachment shall be of chattels which a man may forfeit by outlawry, 26 H. 6. 'tis assize, 14. By Moyle, That no goods shall be attached but the proper goods of the party, and not the goods which the party hath in pawn, or that he hath borrowed, 35 H. 6. fol. 25. The precept of attachment is made, as it followeth, etc. IK. Steward to the Bailiff of the same, health; Prebend of Islington, Attachment. because I.S. complaineth against I. D. in a Plea of debt of 30 s. or in a Plea of Trespass, if the Plaintiff sue a trespass, etc. or in a Plea of detaining, etc. and find pledges to prosecute, etc. Therefore I command you, that you shall attach the aforesaid I. D. by all his goods and chattels, to answer the aforesaid I. S. in the Plea aforesaid, at the next Court there to be held, and have there this precept and how, etc. Dated the 23. of April, the year of the Reign of Queen Eliz, etc. 22. By me I. K. Steward. Note, that in a Court Baron a man shall be attatched by goods, and there shall issue no Capias there. Where the entry is, The great Court of J.S. there held, this is but a Court Baron. And where the entry is, To the great Court with Leet, it is presented, this is uncertain and not good; for the entries shall be several as it follows afterwards, 10 Ed. 4. fol. 17. By-Laws. I intend that By-Laws and Paints, which is the 21 Article of Charge, may be made in Court Baron as well as in Leet. IT is said that a town may make by-Laws, 11 H. 7. fol. 14. and 44 Ed. 3. fol. 19 and that where by-Laws are for the Commonwealth, are good; and it is general, that by-Laws may be, and it is not material in what Court, so I intent, for these causes were made in Court Baron. By-Laws for inheritance shall not bind, but those which were parties to it, and not any other which was no party, 15 Eliz. One by-Law may order the Inheritance of a man, but cannot disinherit any, by Manwood 15 Eliz. By-Law may be made in Leet, and may be in a town by Harper, and shall bind every one, if it be for the Commonwealth, and otherwise not, but only he which agrees, and not an estranger, 11 H. 7. f. 14. One avows taking of distress, and prescribes, that, etc. there was a custom had, that all the tenants or the greater part of the tenants of this Manor, and other the residents and Inhabitants within that Manor, or the greater part thereof to the Court Baron of that Manor, held at the said Manor, were used and accustomed to make Laws, called by-Laws, which proves that by-Laws may be made in Court Baron as in Court Leet. 2 Eliz. Dier saith, That a Steward by assent of the tenants in his Court could not by the Law apportion himself, and the residue of the tenants, of their Common for sheep, if they have that by the grant of the Lord himself; But if they have that by prescription, otherwise it is: And they may agree, that he which surcharges shall pay to the Lord so much, but than it behooveth the Lord to show authority by prescription, that his tenants have made such by-Laws of the Commons, and other things of Land, of time whereof, etc. and ought also to prescribe, that he had used to distrain for that, but if such amerciament had been paid without distress of their accord, this is good evidence to the prescrption of distraining. Copy-holders'. Now let us see of Copyhold, which is the 22 Article of the Charge, and first, what interest a Copyholder hath by the Law, and what by the custom. Trespass by Tenant by Copy, it doth not lie against his Lord for his Copyhold. Besides Danby and Bryan, 21 Ed. 4. But he shall have a Subpena against his Lord, and not a trespass. 7 Ed. 4. fol. 19 And at this day it is held that a trespass lies. Tenant for life by Copy, shall say in his pleading, that he is seized in his demesne as of a freehold, according to the custom of the Manor, and if he hath fee, that he is seized in his demesne as of fee, according to the custom of the Manor, and justify not that they have no freehold at the common Law, but by the custom; so that Copyholder hath fee and freehold by the custom, and not by the common Law, as it seems by this book. 21 Ed. 4. fo. 96. Trespass against the tenant by Copy, hath aid of his Lord, 15 H. 7. fol. 10. and 21 H. 6. the same. Copyholder may have trespass against one of trees cut, though that the Freehold be in the Lord. So by this it seems, that he may have trespass against every one for trespass made upon the Land, but against the Lord, 2 H. 4. fol. 13. The Dean of Paul's hath a Lordship of Ploughers, and all the tenants are tenants at will, and the freehold is in the Lord; and there i● appears, that a Copyholder may have a trespass at the Common Law, against one which makes a trespass upon his land, but he cannot sue action at the Common Law for the land, nor remove that suit out of the Court of the Lord, 1 H. 5. fol. 11. The Lord shall have the wood of the Copyhold, and sell it, unless the Copyholder have that by custom, as in many Manors he hath, 2 H. 4. fol. 13. and 43 Ed. 3. f. 32. Tenant by Copy at will, which is called tenant of base tenure, if he be outed, shall not have a Right close, but sue by Bill in the Court of the Lord, and in times past a Copyholder was called a tenant in villainage, or of base tenure. Fitzh. f. 12. B. Tenant by Copy or by verge at will of base tenure, shall never have a (Monstraverunt,) But the Copyholder in ancient demesne of freehold shall have it, Fitzh. 14. D. If my copyholder enfeoff one, I may enter for forfeiture, 11 H. 4. f. 81. Tenant by copy cannot alien his land by a deed, for if he do, it is forfeit, Littleton f. 15. If a man lets a Manor for years, in which there are copy holder's, and after a copyholder dies, surrender and admittance by the Lord the termor in Court of that Manor, is as well as if he had the fee simple, 4 Mar. tit. Copy, Br. 1.7. Copy-holders' shall not have false judgement, for than they shall be restored to the freehold, or shall not loaf the freehold, but aught to sue by Bill, that is to say, by Plaint in Court, 7 Ed. 4. f. 19 the same Littleton, f. 16. They shall not be impleaded by the King's Writ, but by Plaint in the Lord's Court in nature of what t●● Writ will, Nat. Brevium fol. 16. Copyholders' have an Estate of Inheritance according to the custom of the Manors, yet they have no by the course of the Common Law, Littleton fol. 16. Tenant by Copy shall make scalty to his Lord and Tenant at will by the Common Law, Lit. fol. 17. It is said, though Copyholders' have Inheritance according to the custom, yet they have but an Estate at the will of the Lord, according to the course of the Common Law, and cannot have Frespasse against their Lord; yet they may bar their Lord in trespass brought by the Lord against his Coppy-holder, as it appears, lit. f. 15. and 16. Tenant by the Verge in ancient Demesne. Land's hold by the Verge, are not pleadable by the Kings Writ but by Bill, for that, that the is in the Lord, but there is a diversity between plow-holders' of frank tenure, and Plow-holders' of base tenure, which are dwelling in ancient Demesne, for Plow-holders' of are pleadeable by a Writ of Right close, but Plow-holders' of base tenure are those which hold by Verge at the Will of the Lord, and the is in the Lord, and are not pleadable by a Writ of Right close, 14 H. 4. fol. 1. and 34 Fitzh. fol. 14. C. Tenant by copy which holds by the Verge in ancient Demesne, commits Felony and was attaint, the King (hath year, day, and waste) for that, that the was in the Tenant in ancient Demesne, and yet they have no other evidence than copies of Court Roll, otherwise it is of mere Copyholders' which are out of ancient Demesne, for the is in the Lord, I have seen in the County of North: Copyholders' of frank tenure out of ancient Demesne, and have used a Writ of right close, and have no other Evidences but by copies, according to the custom of the Manor, but their Copies are not at the will of the Lord, 3 Ed. 3. Tit. Br. 22. Stamford fol. 50. Fitzh. 11. Coppy-holder of a base tenure shall not have a Writ of Right close, but aught to sue by Bill in the Lords Court. Nat. Bre: 11. Right close lieth always between ploughholder and no plow-holders' may implead another plow-holder of Lands within ancient Demesne, unless by this Writ, and shall make his protestation to sue in nature of what Writ he will. Britton fol, 16●: Calls Tenants in ancient Demosne Plow-holders', and saith, that Plow-holders' are such which gain our Land. Fitzh. 14. D. Those Tenants in ancient: Demesne which hold by the Verge by Copy at the will of the Lord shall not have (Monstraverunt) against their Lord. Where a Coppy-holder enters, and dies before be was admitted Tenant. IT was held in the case of one Horewood, that where a Coppy-holder hath a Daughter by one Belly, and a Son and a Daughter by another, and dies, and after the Son enters and dies before admittance, that the Daughter of the second Belly shall have the Land, for it is (a possession of the Brother) and so it was adjudged in the case of one Stegnes. These Cases following I heard agreed for Law. IF Tenant by Copy surrender generally into the hands of the Lord, and it do not appear who shall have the Land, nor to what use the surrender is, than the Lord shall be seized to his own use. If Tenants by Copy let for years by licence of the Lord, and after release to the Lessee by these words in the Court (remise and release) it is void, for that it ought to be surrendered into the hands of the Lord, and then the Lord ought to grant the Reversion to the Lessee; for by Littleton fol. 15. It cannot pass without surrender, and yet a Release is used of Copyhold in the Court in presence of the Steward. If the Lord grant parcel of his Demesne Lands, to hold by Copy, to one and his Heirs, this Copy is not good, but at the will of the Lessor, for one cannot make Copyhold at this day, but that shall be by prescription, which hath been demised and demisable by Copy, time out of mind, etc. But if a Copyhold escheat to the Lord, or he enter in that by forfeiture, and at this day grant that over to J.S. by Copy, this is good Copy, and yet, in 13 H. 4. fol. 7. If Lands in ancient Demesne are escheated, and the King seizeth them, and grants them over to J. S. they are frank fee and not ancient Demesne. 6 H. 4. fol. 2. But if a Copyhold shall be escheated to the Lord, and twenty years after that, he grants them over by Copy again, they are Copyhold as they were before, for that, that this Land hath been demised and demisable, time out of mind, etc. If two be joint-tenants by Copy, and one of them makes waste in all the Land, that shall not be forfeiture, but for his part, and also if a stranger cuts Trees and makes waste without assent of the Coppy-holder, it is no forfeiture. If the Lord of a Manor, to which there are Copyholders' grant by Copy the tenements of one tenant Coppy-holder without just cause, to another Tenant in Fee or for life, and the Grantee enter by virtue of that grant, this Tenant which hath right, and which was admitted before, may have a plaint in nature of an Assize of novel disseisin against the Grantee. If the Husband surrender into the hands of the Lord, to the use of his Wife, and doth not say A. his Wife, it is a good surrender, for she is certainly known by that name; the same Law is, if one surrender into the hands of the Lord to the use of J. his Son, and hath two Sons named J. it is to the use of that J. which it is meant to. If Tenant by Copy surrender his Lands by custom of the Manor, to two good men out of the Court, to the use of a stranger, and that made for Money paid, he which surrendered cannot countermand his surrender before the two good men have presented it at the next Court, for it is much like acknowledging of a Fine before a Justice of Record, but where the surrender is to two, to the use of his Wife or Son, and not to a stranger for Money paid, by one lying in extremity in peril of death, and after he revives, he may well countermand his Surrender, before it be presented in Court, or after, if it be not by that admitted afterwards, and that is often used, and stands with reason, and so is the Law as it seems to me. If Tenant by Copy of Court-roll be attaint of Felony or Treason, the Lord of the Manor may enter, for Tenant by Copy is but Tenant at will, according to the Common Law, though he hath Inheritance by the custom. If a Copyholder surrender into the hands of the Lord, to the use of another and his Heirs, if the Lord will not admit him Tenant, than the Land shall remain in him which made the surrender, and yet he to whose use it was made, may sue by a petition, or by a Subpena to be admitted. If one which hath no right, and was not admitted, surrender to the use of another, and he to whose use the surrender is made, enters into the Land and is admitted, yet he which hath right may re-enter and out him, notwithstanding the Grant of the Lord. But it seems if a Copyhold descends to J.S. and he, before that he is admitted Tenant, surrender that to the use of J. D. and the Lord by his Steward in Court grant Seisin and admits him Tenant, it is said to be a good surrender, and J. D. shall enjoy the Land against J. S. and his Heirs: Seek, for in the case against Roose, the Issue was, if he were admitted according to the custom of the Manor or not, Quere. and yet this is no disproof of this opinion, but if a Coppy-holder surrender to the use of J. S. J. S. cannot surrender before he be admitted. The Lord of the Manor (where the custom is that the Tenants hold by Copy) is Chancellor within the same Court, Chancellor. and may redress matters there in conscience where a Bill is exhibited to him, Suitors. so that the Copyholders' are no Judges in the Court. If an under Steward hold a Courtbaron without authority of the Lord or high Steward, Steward. and the Lord agree and do not contradict the Steward, and there be surrenders made, and admittances of Copy-holders' in the Court, this is good, but if he take a surrender and admit one out of the Court without authority of the Lord or high Steward, it is not good, notwithstanding a lawful Steward, as it seems may take a surrender out of the Court, and admittance made out of the Court is good, if it be entered in the Court-Roll, that he is admitted and hath paid his Fine, and hath done fealty. And if one holds but one Court by appointment of the Lord, where another hath a Patent to be Steward, and is absent, surrender taken and entered in this Court is good, and also is admittance, 2 Ed. 6. Tit. 26. Note that the high Stewards are for most part men of honour, Steward. and great men by patent, and their under Stewards are men learned and are appointed by them, and without Patent, and the use is, that they which are under Stewards to such men, take Surrenders out of the Court, and they are well taken by such under Stewards, and the parties are admitted in the Courts held by them, that is in open Court, and also no doubt, when such under Stewards take surrender out of the Court, and that is presented by the Homage, as the usage is in the Court, and the party admit accordingly, this is good, for without authority these are not, for if J. S. make a command to the Bailiff, to warn the Court to be held such a day, and it is warned, and J.S. keeps the Court and is not contradicted by the Lord, surrender taken by this J. S. out of the Court, and presented and entered in this Court, is good, though that J.S. have no Patent of his Office, for it is not without authority, for if he cannot keep Court without a Patent, then to every Court it behoveth the Steward should show his Patent, which is not used, and was never in Issue, whether the Steward had a Patent or not, nor if J. S. be Steward or not, and specially if he keep the Court warned by his command by divers days, before the Court kept, or if the Lord agree that he shall keep the Court, and it is inconvenient that for defect in the Steward which takes surrender out of the Court, and enters it in the Court by the allowance of the Homage, but that it should be good, otherwise one may say thirty or forty years after, that the Steward had no Patent of his Office, which is inconvenient, and ought not to be. Where the Steward of the Bishop of London of his Manor of Hornesey, hath a Patent of his Office with confirmation of the Dean and Chapter by the name of Aldred Fitziames', where his name was Etheldred, surrenders taken by him out of the Court, and at the next Court are entered, it is found by the Homage that such surrender was made, etc. and at the same Court the Tenant is admitted accordingly, and though that his Patent in time of the Succesfor after in Assize against him be defeated by mis-naming or by other cause, yet the Surrenders taken by Aldred Fitzjames (during all the time of twenty years before his Patent was defeated) are good and perfect, for that, that the surrender was, it is found by the Homage, and also for that he was the known Steward, and also for that he is Judge, 33 H. 8. Br. Charge 58. Confirm. 30. The same Law seems in the same case, if the entry were it is witnessed by the Steward or at this Court it is enrolled, so, that is to say, that J.S. came before the Steward (the Court being absent) and surrendered, etc. and in full Court the admittance is accordingly, this is a good surrender, though it be not entered, it is found by the Homage, etc. for the entry of admittance is. The Lord by A. Fitziames' Steward gave him Seisin thereof, and it is that the Lord by his Steward admitted him, and for that it is good, insomuch that to that is the assent and grant of him which surrendered, and also of the Lord. The same Law if the high Steward to J.S. which hath no Patent in writing of his Office, takes a Surrender out of the Court, and at the next Court enters that, at the next Court it is enrolled, so that J. S. came before the Steward (the Court being absent) and surrendered, etc. And he to whose use the surrender was made be admitted in full Court, this is a good surrender. The same Law is like, if J. D. be Steward to a corporation without a Patent of his Office, and takes surrender as above, out of the Court and at the next Court enters it, at this Court enrolled, so that J.D. such a day came before J. D. Steward and surrendered, etc. And he to whose use the surrender is made is admitted in full Court, this is a good surrender, for that, that the Steward doth in a Court of copyhold, he doth it as Judge and is allowed Judge by the Lord. The same Law is, if the Steward which is outlawed in a personal action or excommunicated, take a surrender out of the Court, and at the next Court enter it, it is witnessed by the Steward, and such a surrender is made, and admits him to whose use the surrender was made in full Court, though it was not found by the Homage, yet this surrender is good. If a Judge or a Justice be out of his Wits, yet the Fines, Judgements, and other records which were before him shall be good, but contrary the gift of an Office, or such like by him, for that is a matter indeed, and the others are matters of Record, for a matter in deed may be avoided (by being out of his Wits) contrary of matter of Record, 1 Ma. Tit. whilst he was not in his Wits 7. The same Law is, if the under Steward takes a surrender out of the Court, and at the next Court makes his entry of it, at this Court it is witnessed that J. D. surrendered, and in full Court he to whose use the surrender is made, is admitted, this is a good surrender, though it be not also (it is found by the Homage) for when he holds Court, he is a Judge between the Lord and the copy-holders', and yet, 2 Ed. 6. Br. Courtbaron 22. and copyhold the 26. is, if the under Steward holds a Courtbaron, and in full Court grants copyhold without the authority of the Lord or high steward, this is good, contrary Law where it is done out of the Court, for it seems if the under Steward grants copy-holds, it is intended that if he admits any out of the Court without authority, it is not good, for it is, the Lord granted by his Steward, and not that the Steward granted, for he cannot grant. And also the high Steward may admit out of the Court, by special usage and custom within the Manor used, for one which holds by copy of Court roll, aught to have his Estate entered in the Court held, and his admittance to be entered in the Court, and for that if the under Steward or the high Steward which hath no Patent, as above, take surrender out of the Court, and present that in Court, and the Tenant be in the Court admitted, it is good, for it is the Lord by his Steward hath admitted, and the admittance makes him a copyholder and the Entry of that in Court makes him Tenant by copy of Court roll, for copyholder is he which holdeth by copy of Court roll, so where one admitted in Court and the Lord allows a Steward, is good. If a copyholder of an Estate in fee, according to the custom of the Manor, by licence of his Lord let for twenty years rendering forty shillings yearly, he may have an action of Debt in the common place for this Rent, or as it seems he may distrain and avow, and yet the avowry is in the nature of an action real, and it seems no doubt if the Rent be reserved by Deed Indent, but that he may distrain and avow, and yet if (he to whose use) before the Statute of 27 H. 8. lets by Indenture for years, rendering Rend, he to whose use shall have Debt for that Rent, but he cannot avow, and if the Lessee in this case make waste, he to whose use, shall not have an action of waist, 26 H. 8. f. 8. The same Law is, where a copyholder by the custom of the Manor is not punishable for waste, by licence of the Lord makes a Lease for thirty years, and the Lessee makes waste, the copyholder shall not have a Writ of waste but shall sue in the Lord's Court, to punish this waste by plaint, in nature of an action upon the case. If a coppy-holder of an Estate tail by licence of his Lord let for twenty years, rendering the ancient Rent, and dies, the Issue in tail may enter and defeat the Lessee, but if the Tenant in tail of copyhold let for forty years by the Lords licence, and after the Lease makes a forfeiture of his copyhold, and the Lord seizes it, and grants that over again by copy to the Tenant in tail and his Heirs, or to J. S. and his Heirs, it seems there the Issue of the Lessor, nor J. S. nor the Lord cannot enter and defeat this lease. The same Law is, if a coppy-holder of an Estate tail lets for forty years by the Lord's licence and dies, and his Issue surrenders to J. S. and his Heirs, this Issue nor J. S. cannot enter and defeat this Lease. To this Court came T. R. and did demand licence of the Lord to demise all and singular his customary Lands and Tenements, situate, lying, and being within his Lordship, to what person or persons the said T. R. pleased, to the term and for the term of 21. year's next following the date of this Court, to which T. R. the Lord gave licence in form aforesaid, for the Fine often shillings paid in the Court, at the view of the Lord of this Manor. And it is used that the Steward in full Court, licenses a copyholder to lease a copyhold for 20. or 40. years, more or less, at their pleasure, in the absence of the Lord, and this seems good, for he is Judge in the Court, and when he makes it and enters it in the Court roll, the Lord cannot enter for forfeiture, because of this lease, for when the Steward hath entered it, that at this Court T. R. craved licence of the Lord to let, etc. to whom the Lord gave licence, etc. the Lord is estopped to say the contrary, but that he gave licence, the same Law is, where a coppy-holder is admitted in Court and is entered in the roll, to whom the Lord by such a one his Steward, granted him Seisin, the Lord cannot afterwards gainsay this admittance, and this is to be collected of the case aforesaid, in 2 Ed. Brok. Courtbaron 22. If a man lets a Manor for years, in which are copy-holders', and after a copyholder dies, the Termor of the Manor grants the Land by copy for three lives, this is good, the same Law is if a Copyholder of Inheritance surrender in the Court of the Termor of a Manor, to the use of one and his Heirs, it is good, so that the Lord for the time being may take surrender in his Court, but in the first case, such a Termor of a Manor cannot let a Copyhold reserving less Rent than the ancient Rent, but aught to reserve the ancient Rent or more, 4. M. 1. But it seems if a Disseisor of a Manor be, and the Disseisor seizes a Copyhold by forfeiture, or Escheat, and grants that over by Copy to a stranger, and the Disseisee enter in the Manor, this surrender shall not bind the Disseisee, and yet if a Copyholder of Inheritance furrender in the Court of the Disseisor to the use of J. S. and his Heirs, this is a good furrender, and shall not be avoided by the Disseisees, nor otherwise by him which surrender, nor by his Heir. In pleading of a copy is, that the Lord by such a one his Steward did demise, and not that the Lord did demise, and also that a Woman be alone, and privately examined by the Steward, and it behoveth in pleading, to say by such a Steward, and name the name of the Steward, and for that it is good order to express in the copy and the Court-roll that to this Court came J. S. and Alice his Wife (she alone and privately being examined by J. K. the Steward) there, and to set the name of the Steward to every copy, and also to every Court-roll, for pleading in divers cases, 〈◊〉 the Lord by J. K. his Steward, granted him Seisin by a Rod, etc. 8 H. 5. fol. 4. and 10 Ed. 4. f. 6. Limitation. THE Statute of 32 H. 8. chap. 2. extends to copy-holds, for the Statute is, that none shall make prescription, Title, nor claim, etc. above forty years, etc. and that doth a copyholder, and for that is within the Statute, 6 Ed 6. Brook Limitation 2. 38 H. 8. chap. 1. Copyholder which is Tenant in common, is not compellable by this Statute to make partition, for the Statute gives remedy for one Tenant in common against another, by a Writ of (making partition) and it seems that a Copyholder is not within the Statute of, 27 H. 8. chap. 10. of Jointure of Women, for that Statute bars Women which have Jointures before Marriage to have Dower, that is of Lands given in Dower by the Law, and not by custom. Where a copyholder by the custom may surrender his Land out of the Court, into the hands of the Lord by the hands of two copy-holders', or one to the use of J.S. and a copyholder so makes surrender to two and one dies, or both dye, before the next Court, and yet Homage finds it, this is good surrender, and J. S. shall be admitted. Tenant by copy of Lands of the nature of Gavell-kinde hath Issue two Sons, his eldest Son hath Issue a Son and dies seized, this Land shall descend to the youngest Son and to his Nephew, the same Law is if the Son have Issue a Daughter and dies seized, this Daughter and the youngest Son shall have this Land by descent, and yet the Statute of Prerog. Regis, chap. 16. is, that Women shall not share with Men. Tenant by copy surrenders to the use of one for life, the remainder to the use of one most near in blood, and hath Issue two Sons, the eldest hath Issue and dies, the Tenant for life dies, the youngest Brother shall have the Land and not the Issue of the eldest Brother, for the youngest Brother is more near of blood to his Father, then is the ●on of his eldest Son, by which, 30 Ass. 47. but the youngest Son is not next Heir. Where the copyhold is of the nature of Borrough English, and this copyholder having three Sons surrenders this to the use of his youngest Son in tail, the remainder to the use of the Heirs of the Body of the Father engendered, and for default of such Issue to the use of the right Heirs of the Father, and the youngest Son dies without Issue of his Body, it is said that the eldest Brother shall have this as Purchasor. Two joint-tenants of one copyhold are, and one surrenders his part to his companion for life, this is a severance of the Jointure, Lit f. 56. Where the custom of a Manor is, that the youngest Son shall inherit by descent the copyhold, and A. being a Villain, purchase copyhold there, and the Lord seizes them, and grants them out of his hands by copy, the youngest Son of the Grantee shall have this by descent. If the tenant by copy of Court-roll hath paid to his Lord more Rend than he ought, and the Lord of that Surplusage of Rent was seized by the hands of his tenant, yet the tenant shall avoid that in Avowry, for he is but tenant at will by the course of the common Law, otherwise it is of very tenant of charter land. Where a copyholder in Fee surrenders into the hands of the Lord to the use of J. S. without more, all is in the hands of the Lord; and the Steward admits J. S. to have and to hold to him and his heirs, yet J. S. hath an Estate in Fee, and yet the admittance is but allowance of J. S. to be tenant of such Estate which is surrendered; but the use is in most courts to enter, that it was surrendered to the use of J. S. without more, and the Steward enters, that the Lord hath granted to him Seisin, to have to him and his heirs, and taken good: but it is better when one surrenders into the hands of the Lord, to say and enter, to the use and behoof of J. S. for life, or to the use and behoof of J. S. and his heirs: so that by (to the use and behoof) the Estate is limited, that J. S. shall have it, and that makes the admittance accordingly to be good without doubt, and yet the other is good, for by the surrender, all the interest is in the Lord. If the Homagers gives false Verdict in the court of copyhold, the party shall not be bound, but he shall traverse that: but if such a Verdict be found for the Lord, though the Verdict be false, yet the party cannot traverse that there, but is put to his Petition, touching his land, or to sue in the Chancery; for if the Verdict find false, that waste was made in the Tenements of the Grandfather, the Son of the Father shall lose after his land, for that it is a forfeiture which runs with the land; but seek, for it is made by the person of the Father, and the Son hath no remedy if the Verdict be true, but if the Verdict be false, than his remedy is by Petition, and by no other remedy in this Court. If Tenant by copy makes a Lease for years by licence of the Lord, and after in the same Court the Tenant will release to his Lessee by such words (to remise and release) such release seems void, for that that it ought to be a Surrender into the hands of the Lord, etc. as he hath surrendered and released, etc. Use may be of Copy-holds, as well as of , but the Statute of 27 H. 8. for uniting the possession to the use, doth not extend to such tenors: Nor (he to whose use) cannot forfeit the Land by cutting Trees, if it were not by the consent and commandment of the Copyholder. If the Lord let several Copies for one entire Rent and service, and the Tenant makes waste in any parcel of them, and that be presented in his Court, he shall seize all the Copy as it was entirely let. A Rent of a Copyholder may be apportioned, as well as another Rent. Tenant by copy of Court-Roll in the Court (sold and bargained) his copyhold to J. S. and his heirs, J. S. was admitted, to have to him and his heirs according to the custom; this is not good, for that it wants this word (Surrendered.) Tenant in tail by copy, the remainder over to I. S. in Fee, surrender his Lands into the hands of two Tenants, to the use of I.N. and his heirs, and dies before that be presented, and after that was presented, and I. N. admitted, this is not good, but contrary Law, if Tenant in Fee had made that surrender, and died as above: Seek. By the custom of a Manor, some Lands are copyhold for three lives, and some to them and their heirs, and the Lord grants by copy that which was for three lives, after those three lives ended, to one and his heirs, this is not good; but the custom of the Manor is good, though there be several copy-holders' of several customs. The Lord of a Manor within which are copy-holders', and the Lord grants over the Demesnes to I. S. in Fee, so that he hath no Court; yet it is said, that the copy-holders' may surrender as before they did: And that the Lord by his Grant cannot destroy their surrender, and Copies. The Lord may avow for Rent of his Copyholder before admittance, where it descends to a copyholder; but he shall not be sworn of the Homage before admittance. If the custom of copyhold be, that the Lord may grant for three lives if all dye, and then when the land is come into the hands of the Lord he is bound in a Statute, and after he grants that over according to the custom, this Land shall not be extended upon the Statute. And if a copyholder be bound in a Statute, his copyhold land shall not be extended, and if the Lord be bound in a Statute, the land of the copyholder shall not be extended. If an Infant be a Lord, and admits a copyholder to him and to his Heirs, this is good, and he cannot avoid that by his Infancy, for he is but an instrument to convey that according to the custom, and departs with no Estate. If a copyholder will exchange, this is not good, unless there be a surrender and admittance. If a Villain purchase copyhold, and the Lord of the Villain enter, he shall not have possession of the copyhold till he be admitted. Copyhold shall not be forfeit by attainder of Heresy, for ●he blood is not corrupted, for the Statute of, 5 H. 5. is not to be intended of copyhold Lands, for it is said by the Statute, that he shall forfeit his Lands, Tenements, and Hereditaments, and that the Lord of whom the Lands are held shall have the Lands after the King hath (year day and waste) and this is intended of freehold and not of Copyhold, but if a Copyholder be attaint of Treason or Felony, as it is aforesaid, there the Lord shall have the Land, for that that the blood is corrupt, and so there is none to inherit, but by attainder in Heresy is no corruption of blood. If a copyhold be furrendred to my use simply, and the Lord admit me upon condition, this condition is void, for the Lord gives nothing, but is an instrument to convey that according to the surrender; so if it be surrendered to me for life and the Lord admits me to have to me and my Heirs, it is not good. If a copyholder of a Manor takes a Lease for years of this Manor, seek if his copyhold be extinct. But if a copyholder makes a Lease of his copyhold to his Lord, this was held no extinguishment of his copy, but a suspension. But if the Lord by Indenture make a lease for years of copyhold land to his copyholder of that, the copyhold is there held to be extinct, so if the Lord make a feoffment to his copyholder of all his Manor upon condition, and after enter for the condition, the copyhold is extinct, and if a copyholder take a lease for years of the Manor, with a remainder over by Indenture, this extincts the Copyhold. If a Disseisor be of a Manor, whereof there are copy-holders' for three lives, and he grant copies for three lives, and after the Disseisee re-enter, this shall avoid the grant of the copies by the Disseisor. But if the Lord of that Manor make a feoffment in fee upon condition, and the Feoffee grants copies for three lives, and after the Feoffor enter for the condition broken, he cannot avoid the copies. If Tenant in tail or in fee of a Manor will grant Lands by copy, which were no copyhold Lands before, and that hath contiuned by divers admittances after as copyhold, and was never interrupted at any time by the Issue in tail, but hath been allowed for him, so that, that hath continued by sixty or eighty years, this is very good, and shall not be ever after avoided, but if it may be showed to have been an Interruptation, than it is otherwise. 15 Eliz. If a copyholder surrender to the use of his Wife for life, the remainder to him and his Heirs, and after the Husband surrender to J. D. and his Heirs and dies, the Wife may enter by Dyer and Mounson Justices, and shall hold for life, but the Heirs of the Husband are bound; otherwise it is, if the remainder were to the right Heirs of the Husband, for they are purchasers of this remainder, and may enter after the death of the Wife. A Copyholder hath a Son and a Daughter by one Belly, and a Son by another Belly, and surrenders to the use of his Wife for years, and conveys after her death the remainder to his Son of the first venture, his Heirs and Assigns and dies, the Tenant for years is admitted, the remainder in form aforesaid, the Son of the first Belly dies without Issue, before admittance, and during the Term: and Dyer saith, that the possession of the Wife of the Termor or of the Guardion is a sufficient possession to make (a Brother's possession.) 16 Eliz. Mounson saith, Copy-holders' are within all statutes which speak of Tenants, for if a copyholder had not been excepetd in the Stat of dissolution of Monastries, the King had had them, which Geffrey and Bendlowes granted. The Husband by surrender discontinues the copyhold which he hath in right of his Wife, the Wife is put to her (Cui in vita) and she is not aided by the Statute of, 32 H. 8. 24 Eliz. A copyholder surrenders to the use of his last will, and deviseth that his Executors shall sell the Land to J. S. and makes two Executors and dies, and one Executor takes a Wife and surrenders to the use of J. S. the Devisee, and was said that by the admittance of J. S. that he was copyholder, though that the surrender be made by both the Executors. Taile of Copyhold. EState tail may be of a copyhold, and Formedon in descender may lie of that, that is to say, may sue plaint, and make protestation in nature of a Formedon in discender at the common Law, and good by all the Justices, for though a (Formedon in discender) were not given but by Starute, yet this Writ now lieth at the common Law, and it shall be intended that that hath been the custom time out of mind, etc. See Littleton fol. 14. Plaint in nature of Formedon in discender, and also Littleton saith, that copyholder is, where within the Manor the Tenants within the same Manor, have used time out of mind, to have Lands or Tenements to them, and to their Heirs in Fee simple or see Tail, and though that the Statute of Westminster 2 chap. 1. is, That the will of the giver in writing should be observed (so that copyhold is not within the Statute) yet in these Manors, within which, time out of mind, they have been used to have Estates in tail in this Manor, and not in others are Estates tail of copy-holds, 15. H. 8. tit. 24. And now it is common usage, to cut of the Tail of copy-holdes within such Manors where there is an Estate tail of copyhold, by common recovery in the nature of a Writ of entry in the (Post) which after follows, and also by recovery in nature of a Writ of Right, and join the Mice as follows afterwards, and another way is to cut of the entail, and that is by presentment, that the copyholder hath made a Lease by Indenture for divers years, or other forfeiture, and then the Lord to seize for that, and to surrender to the Purchasor; and these two ways are allowed for good. It is said that five grounds of Law in England is and hath been in divers particular customs, the which customs, though they are against the general customs of Law, yet they are in effect and are taken for Law; and so I intent that this custom of copyhold Estate (for that, that it hath continuance by prescription) is good by the Law, that the copyholder hath an Estate by custom and Law also, and that of that may be an Estate tail where that hath been used by prescription. Doctor and Student fol. 20. Copy-holders'. Copyhold Lands were before the Conquest, and it was called Folk-Land in the time of the Saxons, and the Charter-lands are called Bock-land: And also Bracton, Book 4. allows of Copyhold land, and says, That doing their Services and customs, Their Lords cannot put them out: And so Copyhold Estates, have in time of every King since the Conquest by all the Justices been allowed; so that for the antiquity, and their continual allowance from time to time, the Estates of Copy-holds are affirmed in Law; yet Fitzh. fol. 12. b. saith, That Copy-holders' in ancient times, were called Tenants in Villainage, or base tenure: But this doth not make them Villains, for Littleton, fol. 39 saith, That some Free men hold their Tenements, according to the custom of certain Manors, by Villain Services, and yet they are not Villains, and though at the beginning of Copy-holds, they had but a base Estate, and at the will of their Lords, yet when they have continued their Estates by Copy, of time out of mind, then doing their customs and services, as Copy-holders' ought to do, they ought to enjoy their copy-holds, whether the Lord will or no; and it appears by divers Statutes, that copy-holds have been in reputation, for by the Statute of 1 R. 3. chap. 4. & 19 H. 7. chap. 13. Copyholder which might expend by the year 26, s. 8. d. shall be accounted of the same sufficiency to be impanelled of a Jury, as he which might expend 20. s. per annum of land, and by 2 Ed. 6. chap. 8. the interest of Copy-holders' are preserved, notwithstanding they are not found by Office after the death of the King's Tenant; and by 13 Eliz. chap. 7. Lands of a Bankrupt, as well copyhold as freehold shall be sold; so it appears copyhold Estates shall be regarded; and those Demesnes which are in the hands of the Copy-holders', are such Demesnes as the services which they do, make a Manor, though the Lord have no other Demesnes in his own hands, nor in his Farmers, Bailiff, or Servants, for it is Demesnes, having regard to the Lord, for that, that upon every Surrender the Lord hath meddling, and grants it over in his Court. And if you will admit that an Estate Tail by usage of time out of mind, may be of Copyhold within a Manor, where it hath been used by prescription, and Plaints of (Formedon) have there been brought, why will ye doubt, but that it may be well cut off by common recovery, in Plaint, in nature of a Writ of Entry in the (Post) or at least in nature of a Writ of Right, and Miso joined upon mere Right, and after Default made by the Tenant, and Judgement final given, though that these Recoveries have not been used there by prescription, for they are at the common Law, and Plaints in nature of these Writs are to be sued there of copyhold. It is said, that a Fine levied in ancient Demesne is of no worth, for it is no Court of Record; but it is said, that common Recoveries may be sued there, to cut off the Entail, and good, for that, that the land shall be pleaded there by a Writ of Right close, and not otherwise, and copyholder shall be impleaded in Court Baron of the Manor by Plaint, and not elsewhere. And for that the Recoveries aforesaid, to cut off the Entail of a copyholder may be there, though they were not there used before, if there be Estates Tail there, and if usage makes the Estate Tail, and also usage makes the copyholder to have an Estate of Inheritance by custom, and is good, 50. Book of Assizes 9.47 Ed. 3.38. And though Littleton, fol. 16. If Lord out his copyholder, he hath no other remedy but to sue to his Lord by Petition, for he saith, the Lord cannot break the custom which is reasonable; but if such Lord will break the Custom, it is no Reason to suffer such a Lord to be his own Judge, and to compel a copyholder to sue to him by Petition. But for that that divers Lords are of an ill conscience, that before were as I have heard, for that divers grave Judges now hold, that a tenant copyholder may have Trespass against his Lord, according to the opinion of Brian and Danby. And this at this day seems reason, for though at the beginning copy-holders' had but Estate at the will of the Lord, yet by the continuance of this Estate of time out of mind, they have such Inheritance by the custom of the Manor that the Lord (doing his Services) cannot out them, and the prescription goes to the Land, and not to the Lord, nor to the occupation, for that is copyhold land which hath been let, and demisable time out of mind, etc. If the Tenant by copy deny to do his Services, the Lord may enter for forfeiture, if it be presented by the Homage; but if the Tenant by chance makes a Default at the Lords Court, and doth not deny his Service, it shall be amerced, and is no Forfeiture; the same Law if his Rent be behind, and he doth not deny to pay it, that is no Forfeiture, but the Lord may distrain, but by Littleton, fol. 51. If the Tenant upon demand be not ready to pay Rend Sack, or if the Tenant nor none for him, be dwelling upon the Land to pay the Rent Seck, when it is demanded, this denying is Disseisin; yet in the case aforesaid, I conceive, that where a copyholder makes Default, and doth not deny his Services, or is not upon the Land ready to pay upon demand, this is no denial which shall make a Forfeiture, for Forfeitures are not favoured in Law, but to be taken strictly according to the words, and that is to be intended upon denying in deed by the Tenant, 42 Ed. 3. fol. 25. And it seems that the Lord cannot enter for forfeiture, before that that be found by Homage, but if a Copyholder alien by Charter, or commits Felony, or Treason, and be attaint, these are Forfeitures without Presentment, and the Lords may enter, for these are notorious and apparent to be against the Custom, but otherwise it seems where a Copyholder makes waste. 12. Eliz. It was said, that if a copyholder will not be sworn of a Jury● or alien and make copyhold , this is forfeiture, for that, that the Lord may enter without presentment, but for negligent acts, as for not doing of service or Suit of Court, the Lord cannot seize without presentment by the Homagers, and then agree if an Infant do not come within a year and day after Proclamation made, yet he hath not forfeited his copyhold, and this case was between Hautree and his copyholder. If copyholder lets by Indenture, which is forfeiture, and after surrenders to the use of J. S. and he is admitted in, the Lord after shall not take advantage of forfeiture, for the Homage are not to inquire of any forfeiture, but of forfeiture made by the Tenants, and he which commits the forfeiture is not now Tenant, and admittance to pay his Fine is agreement of the Lord, that he admitted shall have that according to the custom, that is to say, he doing his services shall have that to him and his Heirs, according to the custom of the Manor. It is said, that a copyholder cannot alien by Deed, for if he do so, the Lord may enter for forfeiture, and so it is the like if he alien without Deed, in such manner that the Land may pass, as if he lets for life without Deed, and makes livery, the Lord may enter, but if he do not make Livery otherwise it is; the same Law it is, if a copyholder bargain and sell his Land by Indenture, and do not enrol it, nothing passeth by this bargain, and for that it is no forfeiture, Lit. f. 14. If Tenant by copy of Court-Roll make a feoffment, the Lord may enter for forfeiture, but this is to be intended, if he make a feoffment and makes Livery, it is a forfeiture, but if he make no Livery, the Feoffee is but Tenant at will, and it is no forfeiture, 11 H. 4. fol. 161. Challenge. For that, that you try Issues joined in Courtbaron by assent by inquest of the Homage, as you may, and not by wager of Law as it is, and also in trial of Copy-holds, shall be by Oath of the Jury, and also for that some Challenges are principals, and some are but for favour, first let us see what is a principal Challenge. Principal Challenge is said, where it is evident favour, as kindred, 21 Ed. 4. fol. 11. and 63. Juror is of alliance, servant, or bears malice, that is to say, hath trespass against him, or a Juror is cousin to the Executor which brings the action, and yet he shall not recover to his own use, and this is a principal challenge etc. 20 Ass. 11. Where a Juror is Gossip of the Plaintiff, it is a principal challenge, and he shall be drawn off by the challenge, 2 H. 4. fol. 16.4 Ed. 4. fol. 1. the same, 19 H. 6 fol. 66. Contr. 6 H. 6. fol. 40.40. Ass. 20. That the Plaintif was retained with a Juror, that is, that the Juror was master of the party, is a principal challenge, 2 H. 4. fol. 14. That the Jury hath passed before for parcel of the same gift in Formedon, is a principal challenge if he show record of that, otherwise it is but favour, 8 H. 5. fol. 11. and 7 H. 4. fol. 11. the same. If a Juror (after he is impanelled) eat at the Plaintiffs costs, or take Money for his charges, it is a principal challenge, 13 H. 4. fol. 14. 22. R. 2. Chal. 177. 8. Ed. 3. fol. 69. Where Land is demanded and the Juror is cousin within the ninth degree, it is a principal challenge, 41 Ed. 3. fol. 9.14. & 15 Eliz. Ploughed 426. It is a principal challenge that the Juror held of J. S. that holds over of the Plaintiff, 13 H. 6. Statham. Where a Juror hath a Lease of one party, and though he hath granted his Interest to another, yet he is within the Distress of his Lessor, to the using an Action of Debt for the Arrearages, and for that is a principal challenge, 44 Ed. 3. fol. 5.44. Ass. 23. Trespass, the Defendant saith, it was the of J.S. and justifies as Servant of J. S. it a principal challonge that the Juror was within the distress of J. S. to E. 4. fol. 11. B. Trespass, where the Defendant justifies as Servant to the Lord Dacres, it was a principal challenge, that the Juror was within the distress of one which held of the Lord Dacres, 15 Ed. 4. fol. 18. It is a principal challenge that the Juror is cousin to the Wife of the Defendant, for that, that the Issue of the Wife may be Heir to the Juror, 8 H. 6. fol. 15. That the juror at another time had passed against him in the same Issue, if he show the Record it is a principal challenge, and otherwise but for favour, 11 R. 2. Tit. 106.21. Ed. 4. fol. 74. before 7 H. 4. Juror was challenged for that, that at another time he passed against the Plaintiff for the same Debt, which was reversed by Error, and for that, that he did not show the Record, it is no principal challenge, 33 H. 6. f. 1. It is a principal challenge that the Juror was chosen arbitrator for one party, but otherwise it is where he was chosen indifferent for them, 3 H. 6 fol. 24. That the juror held of a Manor, whereof the reversion is in the Plaintiff, is a principal challenge, 10 H. 7. fol. 20.49 Ass. 1. That the juror was of Council with the Plaintiff and hath taken his fee, this was the challenge, and 7 H. 7. f. 10. that it is no principal challenge. It is a principal challenge, the Sheriff or Bailif which makes the Pannell is son in Law to the Defendant, 9 Ed. 4 f. 49. Those which have been attaint of Oath, or were seen in the Pillory or Tumbrill, or against whom there was Judgement of life and member, shall be outed by challenge, and these are principal challenges, Britton fol. 134. Those which pretend to have some right in the thing demanded shall be outed by challenge, and this is a principal challenge, the same Law that the juror is a Villain 9 Ed. 4. fol. 17. Villain is principal challenge 26 Book of Ass. 28. That a juror was outlawed is a principal challenge, if he show the Record, 11 H. 4. fol. 40. Abridg. Book of Ass. 6. and 21 H. 6. fol. 30. The same Law that a juror was attaint of conspiracy, 33 H. 6. fol. 55. 18. H. 8. f. 2. Writ of entry, they are at issue, and the Plaintif saith, that the Sheriff and two of the Coroners are his cousins, and the other two cousins of the Defendant, and prays a Venire facias, to others, and shall not unless all were his cousins, for if it were made by the cousin of the plaintiff, the array shall be quashed, but the Defendant cannot quash the array by that that it is made by his cousins. 15 H. 7. fol. 9 Plaintif cannot quash the array, for that that it is made by his cousin, but may show that, and pray a (Venire facias) to the Coroners, but because it doth not lie in his knowledge, the Plaintif may quash the array though the Sheriff is of consanguinity or affinity of the Defendant, but otherwise it is of his own part. 19 H. 8. fol. 7. Defendant challenge the array, for that it was made by J.S. cousin of the plaintiff, and this found and the Array quashed. 10 H. 7. fol. 7. The Array was quashed for that, that the Plaintif was Gossip to the Son of the Sheriff, or for any other cause of the Plaintif. 15 Edw. 4. fol. 23. Trespass by the Archbishop of Canterbury, and they were at Issue, and the Plaintiff saith, that the Sheriff is his Steward, and some of the Coroners are of his Robes, and the rest within his distress, and the Defendant confessed it, and for that Process issued out to choosers, and the array by choosers shall not be quashed, but (the heads.) 18 Edw. 4. fol. 8. Where the Array is made by choosers, this shall not be challenged, but the (heads) shall be challenged. 8 H. 6. fol. 60. The Array in Assize was quashed, for that it was made by the Sheriff himself, being Plaintiff, and it was also quashed, for that it was made by the Coroners at the denomination of the Plaintiff, for that the Court of Office, awarded Venire facias to Electors. The challenge is principal Cousin of one party. Servant of one. Master of one Party. At other times, Brings trespass against one. Eats at the costs of one. Is Lord to one. Challenges, Is within the distress of one. Arbitrater of one. Convict of horrible crime. Hath right in the thing demanded. Now let us see what is challenge for favour. WHere one challenges for divers causes, and concludes for favour, it is not double, otherwise it is of principal challenge, 7 H. 6. fol. 44. That the Defendant is Steward of a Manor of the Juror, or that he is within the distress of the Juror, it is a challenge for favour, and not a principal challenge, but that the Juror is within the distress of the Defendant, is a principal challenge; but that the Juror hath married the Mother of the Defendant; if she be dead, and he had no Issue by her, it is no principal challenge, 14 H. 7. Tit. Brook, 71. The same Law where a Juror hath married a Cousin of the Defendant, which might be heir to him, during their lives it is a principal, but contrary, if the Wife be dead without Issue, 14 H. 7. fol. 1. & 15 H. 7. fol. 9 It is no principal challenge, that a Son of a Juror, hath married a Daughter of the Plaintiff, 3 Edw. 4. fol. 12. Juror is, a Keeper of the Forest by the Kings Grant, and the Plaintiff is Master of the Game, is no principal challenge, 16 Ed. 4. fol. 1. It seems it is no principal challenge, if the Juror say he will pass with the Plaintiff before he be sworn, or that he was laboured, 21 H. 7. fol. 32. 7 H. 6. fol. 25. the same. That the Defendant hath Trespass against the Juror, depending, if it were after the action brought, it was suspicious, and is no principal challenge, 20 Book of Assize, 11. If a Juror be challenged for that, that one party hath an action hanging against him, if he do not show Record of that, it is no principal, Statham, 25 Ed. 3. That the Wife of the Sheriff, or of him which makes the Pannell, is Sister of the Plaintiff, aught to conclude of favour, 20 Ass. 21.26 Ass. 21. & 22. Where a Juror is returned by name, Chamberlain, and Chambers appears, it is a challenge for favour, and shall be inquired if he be known by both names or not, 32 H. 6. fol. 23. It is no challenge, that the Juror is Parishoner with the Defendant, 22 Ass. 25. Attaint, It is no principal challenge, that one of the Grand Jury, and one of the Petty Jury, have married two Sisters, 43 Ass. 46. In Attaint, It is no principal challenge, that one of the Grand Jury, and one of the Petty Jury are at debate, 50 Book of Ass. 4. Juror was challenged for malice, which he had to the Plaintiff, and tried, and found indifferent, 27 H. 8. fol. 25. It is no challenge, that a juror appeared where he was not summoned, if he were impanelled, 8 Ed. 3. 69 Fitzh. Challenge 4. It is no principal challenge to say, that the Defendant is Tenant to the Sheriff or Bailiff, which makes the Array, unless it be for favour, 26 Ed. 3. Statham. Common is the seventh Article which is inquirable. ANd for that I intent, that when the Statutes ensuing were made for Improvements, immediately the Lords have improved their Wafts as much as they could, or otherwise they were so moved with charity and pity to the Poor, that more they would not improve for Charity, I pray God that that may continue. Because many great ones which enfeoffed Freeholders of small Tenements in great Manors of extent, etc. may improve, when they that are enfeoffed have sufficient Pasture belonging to their Tenements, etc. Merton, chap. 4. Westmin. 2. chap. 46. Recites Merton, and gives rate between Neighbour and Neighbour; and it is, Where it is belonging to their Tenements: But if one claim Common for a certain number, by Grant, the Lord cannot improve. 16 Ed. 3. tit. 9 If the Lord improve, not leaving sufficient Common, the Commonner may break way to use his Common, See 17 H. 7. fol. 11. for breaking way, 22 H. 7. fol. ult. Fitzherbart 179. L. Where one hath a Common belonging or appertaining, and is distrained, he shall have an Assize of Common of pasture: Seventh Book of Assize 16. 8 Book of Ass. 18. Assize, Tenant saith he hath improved, leaving sufficient for the Plaintiff. If a man grant Land and Common, the Grantor cannot improve against his Deed, 12 H. 3. fol. 25. That he cannot improve against a Deed, 3 Ed. 2. tit. 21. If the Tenant have Common for all manner of Beasts, the Lord cannot improve, notwithstanding I have heard the opinion of the Learned to the contrary, 34. Assize 11. It was held, that no man might improve in Fields sowed, where they have Common, when the Corn is reaped and carried, and in time of Wreck; for the Statute is in Wastes and not in Fields: And also it is held there, that Cottager shall have Common, but not a Cottager newly erected, for he cannot prescribe, 5 Book of Assize 2. Jurney to Leicester. The Tenant shall not have Common to Land newly improved, but to ancient Land, hid, and gain, 10 Ed. 2. tit. 22. 5 Book of Ass. 2. the same. The Statute is (as much as belongs to Tenements) that seems to extend as well to Common appurtenant, as appendent: But Master Stamford said in Grays-inn, That improvement is only against him that hath Common appendent, and not against him which hath Common appurtenant without number. Now let us see what is appendent, and what appurtenant. Common appurtenant is, for all manner of Beasts, and appendent is but to have common for Beasts commonable, Natura brevium, fol. 70. That appurtenant is, with all manner of Beasts by prescription, 9 Ed. 4. fol. 3. by Fairfax. By Prisot, Common appendent is to have common for Horses, Beasts, Cows, and Sheep, which are commonable, and which are most fit for the Ploughman, and not for Geese, Goats, and Hogs, 37 H. 6. fol. 34. If one hath a common of Estovers by Grant, he cannot build another new House to have Estovers to that, Fitzh. fol. 180. h. Admeasurement lies between Commoners which have common appendent to their , if one of them surcharge the common, by putting in more Beasts than they ought to common, Fitzh. fol. 125. B. D. He which hath Common appurtenant to a certain number, or common by specialty to a certain number, shall be admeasured: But he which hath common appurtenant without number, or in gross without number, shall not be admeasured, 26 H. 8. fol. 4. Common appendent, cannot be aliened and severed, but common appurtenant may, 5 H. 7. fol. 7. B. and 9 Ed. 4. fol. 39 A. He which hath Common appendent cannot use that common with other Beasts, but those which are rising and lying upon his Land, 15 Ed 4. fol. 32. Termor cannot put any Beasts into the Common, but those which he hath to manure his Land, or for his household, and not for to sell, 14 H. 6. fol. 6. A man grants Land, and a Turbary, this doth not make the Turbary appendent, unless it were appendent from time out of mind, 8 Book of Ass. 9 Common is to be taken by the mouth of Beasts, 31 H. 8. tit. 151. Commoner hath no interest in the Land, but to take that with the mouth of his Beasts, and cannot have trespass (why he broke his Close) against one which makes trespass in the common, but may distrain them doing damage, 12 H. 8. fol. 2. There are four manner of Commons, that is to say, Common appendent, Common appurtenant, Common in gross, and Common because of Neighbourhood, Natura brevium, fol. 69. Common appendent is to Land arable only, 26 H. 8. fol. 4. by Hales. It seems it may be appendent to a Manor, Land, or Tenements, Fitzh. 139. L. It may be appendent by reason of a House, Natura brevium, fol. 70. Where one hath Common because of Neighbourhood in the Land of J. S. he cannot put in his Beasts in the waste of J.S. but in his own Land, which may go if they will into the waste of J. S. 13. H. 7. fol. 13. etc. Assize of Novel Disseisin lieth of Common of pasture, Turbary, and Fishing, where he hath that for life, or in tail, or in Fee, and is disturbed that he cannot take his common; and the Writ shall be, he disseised him of a common of pasture in D. and not disseised him of his in D. as where it is of Land, for there it is always, he disseised him of his , Fitzherbart, fol. 179. L. Common appendent a man cannot use with Beasts of a stranger, unless he keep them to dung his Land, but he cannot take in other Beasts for Money, which do not manure his Land: See 6 H. 7. fol. 14. Fitzherbart 180 B. If a man claim Common for Beasts without number, there he may put in other Beasts of a strangers for Money in that Common; otherwise it is in Chase or Forrest where the Lord hath Dear, Fitzh. 189. B. He that hath Common aught to use that with his own Beasts, or with Beasts which dung his Land, or with Beasts allowed for their Milk, and cannot take in any, 22 Book of Ass. 82. He which hath Common by specialty, cannot take in Beasts, but he that hath Common for Kine for their Milk, or for Beasts to manure his Land, for Sheep allowed to dung his Land, for he hath right in them for the time, 45 Ed. 3. fol. 26. A way appendent to a House shall not be made engross, but Common appurtenant and Advowson may, 5 H. 7. fol. 7. Where the King grants Common to an Abbot and his Successors without number, out of a Manor, and after he grants the Manor to another, and after the Abbey is dissolved, it seems for that that it is Common without number, the King shall not have it; but if it were Common certain, the King shall have it, 27 H. 8. fol. 20. Common appendent shall be used with his proper Beasts and not with others Beasts, and the Defendant was admitted to prescribe for Common appendent, 6. Hen. 7. fol. 14. He which hath Common appendent, cannot use that, but with his own proper Beast or Beasts, which dung his Land; but he which hath Common for twenty Beasts by Grant, or with Beasts without number, he may use that Common with others Beasts, 11 H. 6. fol. 22. Fitzh. 180. B. the same. A man need not prescribe in Common appendent, but it sufficeth to say, that he is seized of three Acres in D. and that he hath Common appendent, etc. 4 H. 6. fol. 13. He which justifies for Common appendent, need not prescribe in that also, 22 H. 6. fol. 10. Common appendent cannot be but by continuance of time out of memory, etc. 5 Book of Ass. 2. Courts. In what place a Courtbaron shall be held. Courtbaron by Brian shall be held in a place certain, but I have heard, that it may be kept in any place within the Manor, that the Tenants have notice to make their suit, and it is good, 8 H. 7. f. 4. A. and so it is, 24 Ed. 3. that it need not be in a place certain, and by Glanvile, fol 19 It ought to be held in a place within the Manor and not out of the Fee. Which is Courtbaron, and which is Court of Record. COurt of ancient Demesne is no Court of Record, but it is a Courtbaron, 9 Ed. 4. fol. 43. and 3 H. 4. fol. 16. the same. Where the entry is (to the great Court) this is a Court Baron, as it is aforesaid, 10 Ed. 4. fol. 17. Where Suitors are Judges, Suitors Judges. and where false judgement lies and not error, as in Court of a Manor, Hundred, and County, these are Court-Barons, 6 Ed. 4. fol. 3. B. Court by Commission before the Justices of Peace, that is to say, their Court of Sessions, etc. are Courts of Record, 9 H. 6. fol. 3. If a man be arrested in the Cinque ports, he shall have a (Homine replegiando) if according to the Law and custom of the Ports he be repleevable, Eitzh. fol. 67. A Great complaint was against the Officers of the Castle of Dover, for holding Plea above forty shillings, where they have but a Courtbaron, and for arresting men by the body of their Warrant and (Gapias) but it seems they have a Charter now, for it is used there to arrest, 5 E. 4. f. 127. Trespass of imprisonment, the Defendant saith, that there is a Court by prescription within the Tower, and doth prescribe to have (Capias) and not that it is there (Capias) without prescription, and justify that by (Capias) etc. And so this appears to be Courts of Record, 4 Ed. 4. fol. 6. Error lies wherefalse judgement is given in any Court of Record, as in the common Bench, or London, or other City where they have power to hold Pleas by Charter, or by prescription, of every sum in Debt or Trespass, of the sum of forty shillings and over, Fitzh. fol. 20. If false judgement be given in Court of ancient Demesne, the Tenant or Demandant shall have false judgement, which proves that it is Courtbaron, Fitzh. fol. 11. Court of Pipowders is a Court of Record, Fitzh. fol. 18. H. Where the Courts hold Plea by prescription above forty shillings, they are Courts of Record, 6 Edw. 4. fol. 3. marshalsea is a Court of Record, for if they err, there lies a Writ of error, 10 H. 6. fol. 13. Where they have conusance of every sum, as in London, and in other Cities and Borroughs, are Courts of Record, 2 H. 4. fol. 4.34. H. 6. f. 52. the same; and 45 E. 3. fol. 1. Error lies where false judgement is given in any Court of Record, as in the common Bench, or in London, or other City, or in other place, where they have power to hold Plea by Charter or prescription of every sum of forty shillings and over, these are Courts of Record, Fitzh. fol. 20. D. Leets and Turns of the Sheriff are Courts of Record, for that they are for the commonwealth, Eitzh. fol. 82.10. H. 6. fol. 7. It is said that the Leet is a Court of Record, and for that he cannot wage his Law in Debt brought upon Amerciament in Leet. The King's Bench, Chancery, common Bench, and the Exchequer, are Courts of Record, for that, that no Judge may sit as Judge there without Letters Patents, Doctor and Student f. 11. Ancient Demesne. Insomuch that a Court of ancient Demesne is a Courtbaron, let us see in what action brought at the Common Law, ancient Demesne is a good Plea, and in what not, and what action may be sued in ancient Demesne, and what not. ANcient Demesne is no Plea in an action upon the Statute, R. 2. 2. H. 7. fol. 17. It is no Plea in Trespass, but in Replegiare and Writ of Ward, 46 Ed. 3. f. 1. It is no Plea in Trespass, 47 Ed. 3. fol. 22. Ancient Demesne is a good Plea in Replegiare, and not in Trespass, 40 Ed. 3. fol. 4.46. Ed. 3. fol. Plaint of fresh force may be sued in ancient Demesne, without a Writ of Right close, as it seems, but another plaint of Land cannot be sued there without a Writ of Right close, 26 H. 6. fol. 5. Ke-disseisin and Postdisseisin cannot be sued in ancient Demesne, for the Sheriff and Coroners cannot inquire there; but said that waste may be sued there by a Right close 32 H. 6. f. 29. If a man bring waste at the common Law, it is said that ancient Demesne is a good Plea, 7 H. 6. fol. 37. and 8 H. 6. f. 83. The Opinion of all the Justices, that it is a good Plea in waist, for that that by this recovery, judgement is to recover the place wasted, and by this the Land shall be frank Fee, 1 H. 4. fol. 5. The Lord in ancient Demesne cannot hold Plea in Redisseisin and waste by Hull, for that, that the Sheriff is Judge and not the Lord. Warranty of Charters may be sued at the common Law, and ancient Demesne is no Plea, for Warranty is by Deed out of the L●nd, Fitzh. 135. Juris utrum, at the common Law, ancient Demesne is no Plea, for he cannot have a (Right close) for that, that Frank-almaigne cannot be held there, but the Tenure there is Socage, Abridg. Ass. fol. 16.6. Ed. 3. f. 20. the same, Statham. Detinue of Charters at the common Law to plead ancient Demesne, is no Plea, 13 Ed. 3. fol. 67. Statham. Fitzh. 136. In a Writ of Mesne, ancient Demesne is a good Plea. In (Quid juris clamat) brought at the common Law, to plead ancient Demesne is a good Plea, 20 Ed. 3. Statham fol. 20. In an action upon the Statute of R. 2. brought at the common Law to plead ancient Demesne is no Plea, but in account or Replegiare it is a good Plea, 21 Edw. 4. fol. 3. Where damages are recovered in ancient Demesne, and Debt is brought in the common Bench upon the same damages, it is no Plea for the Defendant to plead ancient Demesne, 39 H. 6. fol. 3. Ancient Demesne is a Courtbaron, and the Suitors are Judges. DEbt was brought in common Bench for damages recovered in ancient Demesne, the Defendant pleads no such record, and is no Plea, for it is a Courtbaron, but no such recovery is good, 9 Ed. 4. fol. 44. B. 50. Book. Suitors are Judges in ancient Demesne, 34 H. 6. fol. 38. Na. Bre. fol. 12. the same. Suitors are Judges in ancient Demesne, and not the Bailiffs, 12 H. 4. fol. 17. Plea shall not be removed out of ancient Demesne, unless for false Judgement, 13 H. 4. fol. 16. Fitzh. fol. 12. a the same, and that proves that this is a Courtbaron. Suitors are Judges in ancient Demesne, for that it shall not be removed, for that the Bailiffs maintain, 3 H. 4. fol. 16. See 6 H. 4. fol. 2. Upon (Pone) to remove Plea out of ancient Demesne, the Sheriff returns that the Suitors will not send the Record by which issued a Distress against the Suitors, 18 Ed. 3. Statham. False Judgement was brought in the common Bench upon a judgement given in ancient Demesne, in a Writ of Right close, and though judgement was given in that in the common Bench, yet the Land shall be ancient Demesne, as it was before. By Knivet, Fine levied in ancient Demesne is nothing worth, for it is no Conrt of Record, but common recoveries are used there to cut off an entail, 50 Ass. 9 No Land may be pleaded there by right close, and not else where. How Land in ancient demesne is made frank Fee for a time, and how for ever. DUring the time that Lands in ancient Demesne is in the hands of the King, it is Frank Fee, but if the King grant that over to hold of the Manor again, it is ancient Demesne again, 21 Book of Ass. 13. If Recovery or Fine be in Common Bench of Land in ancient Demesne, the Land is Frank fee, till it be defeated by the Lord, by Writ of Deceit, and when that is defeat, it is void to bind the parties, 8 Ed. 4. fol. 6. See 3 H. 4. fol. 6. accordingly. If the Tenant in ancient Demesne enfeoff his Lord of the Manor, being common person, and not King, the Lordship is Frank see for ever, 9 H. 6. fol. 24. B. 3 H. 4. fol. 16. the same. Where the King gives Land of ancient Demesne, to hold in Frank Almaigne, that is Frank fee, 6 H. 4. fol. 2. Where a Fine is in common Bench, of Land in ancient Demesne, is Frank fee; so that after if a Recovery of that be in ancient Demesne, it is void (and before not a Judge) 7 H. 4. fol. 3. B. 7 H. 4. fol. 29. the same. If the King was once seized of Land in ancient Demesne, and let that for life, it is Frank fee for the time, 11 H. 4 fol. 84. Where Land in ancient Demesne is forfeit to the King by attainder, and the King grants that over to another and his heirs, now they are Frank fee for ever, 13 H. 4. fol. 7. Where a Fine is levied of Land in ancient Demesne, in the Common Bench, the Lord may defeat that by a Writ of Deceit; and yet if he to whom the Fine was, etc. hath a Release, with confirmation of the party, made after the Fine, his Estate is good, notwithstanding that the Fine be defeated, Fitzh. 98. a. The Lessor by his confirmation to his Tenant, may make the Land in ancient Demesne Frank fee, but if he confirm to hold by meaner services, it is no Frank fee, 30 Ed. 3. fol. 16. Where Land in ancient Demesne Escheats to the Lord, for that, that the Tenant dies without heir general or special, are Frank fee for ever, for he holds them now of the Lord Paramount, 18 Ed. 3. fol. 19 If the Tenant in ancient Demesne, answer the action in Praecipe, in the Common Bench, yet it is no Frank fee before Judgement given, 2 Ed. 4. fol. 26. The Lord by his confirmation may alter the tenure, but not the estate of the Land, where he confirms to hold at the Common Law, 49 Ed. 3. fol. 7. Fine at the common Law, recovery, or where he is in by the King's Charter, or by feoffment of the Lord, these prove the Land frank Fee and not ancient Demesne, Fitzh. fol. 13. C. If the King be seized of Land in ancient Demesne, this is Frank fee, but if the King demise it to another, the Land is ancient Demesne again, 17 Ed. 3. fol. 52. A man recovers in ancient Demesne Lands, which were at the common Law against a man by Verdict of a Jury, and he against whom the recovery was, brought an Assize upon that, and awarded, that he should recover Seisin, 30 Ed. 1. Tit. Assize 379. Note the tenure and trial of ancient demesne, and who shall plead ancient demesne. Land's which are ancient Demesne are Soccage, Fitzh. fol. 11. Tenants in ancient Demesne, are those which hold of the Manors which were in the hands of Saint Edward the Confessor, at the time that the Book of Doomsday was made; but the Lands written in that Book, to be in other men's hands, are not ancient Demesne, Fitz. 16. E. All the Lands which were in the seisin of Saint Edward the Confessor, when the Book of Doomsday was made, are called ancient Demesne, and the Lands in other hands, etc. Frank fee, Natura brevium, fol. 14. If the Land be ancient Demesne or not, shall be tried by the Book of Doomsday, 49 Ed. 3. fol. 22. In Monstraverunt. Assize, The Tenant pleads that the Land was ancient Demesne, and it was tried by Assize in the Book of Notting, and also North. 8 Ed. 2. Statham, fol. 20. Trial of ancient Demesne is by the book of Doomsday, and by that it was certified that London was not ancient Demesne, 7 H. 6. fol. 34. In Assize of Mortdancester, ancient Demesne was tried by the Country, 8 Book Ass. 35. 9 Book Ass. 9 the same. In Assize, the tenant saith that it was parcel of the Manor of B. which is ancient Demesne and the other saith that it is not parcel, and upon this at issue, and that was tried by Assize, 12 Book of Assizes 18.22 Book. of Assizes 45. the same. Assize, none shall plead ancient Demesne but he which is Tenant, and not the Dissei●or, 21 Book of Ass. 2.41 Ed. 3 tit. 22. the same. If Land be in the book of Doomsday, written under the Title, Land of the Bishop, and not Land of the King, yet though it be in the book of Doomsday, it is no ancient Demesne, 40 Ed. 3. fol. 45. Form of Plead, that the Land is ancient Demesne, and how he shall sue for ancient Demesne, and for Copyhold in ancient Demesne. BY Prisot, he which pleads ancient Demesne, shall say that the Land is held of the Manor of D. which is ancient Demesne, and pleadable by a petty Writ of Right close from time out of mind, and demand judgement if the Court will acknowledge, 36 H. 6. fol. 18. 3. H. 6. fol. 48. But see by Thirne, and granted that frank Fee may be held of a Manor of ancient Demesne, 11 H. 4. fol. 85. Precipe, the Tenant saith that the Land was parcel of the Manor of D. which is ancient Demesne and pleadable by petty Writ of right close, time out of mind, and demand judgement if the Court will acknowledge, and it is no Plea for the Demandant to say to that, that it is frank fee, for that, that it doth not gainsay, but that the Manor is ancient Demesne, and that this is parcel, but he ought to plead specially, how it is become frank fee, 41 Ed. 3. f. 22.12 Book of Ass. 16.22. Book of Ass. 45. Right close lieth always between Plow-holders', and no Plow-holder may implead another Plow-holder of Lands in ancient Demesne, unless by this Writ; and shall make in this his protestation to sue in nature of what Writ he will, as his case is, Nat. Brevium fol. 11. They call Tenants in ancient Demesne Sokemaines, Britton fol. 105. Copyholder of base Tenure shall not have a Right close, but aught to sue by Bill in the Lord's Court, but copyholder in ancient Demesne of free-tenure shall have that, Fitzh. fol. 11. The King shall have year, day, and waste, of Lands in ancient Demesne, if it be so that the Tenant have sold them against his Lords will, and yet not the Lands passed by surrender, Stam. fol. 50. Note this is where the copy-holders' in ancient Demesne have used time out of mind to sue for them by petty Writ of Right close, and so is 14 H. 4. fol. 1. by Hank and 14. H. 4 fol. 34. and see 3 Ed. 3. Br. tit. copyhold 22. And in these surrenders of Lands in ancient Demesne of frank tenure it is not used to say, (to hold at the will of the Lord) in these copies, but (to hold according to the custom of the Manor) by the Services before due, and is not said there, (at the Will of the lord) Ancient Demesne is Socage Tenure, for they are called Sokemaines, Fitzh. 14. C. By what Writ Execution shall be in ancient Demesne, and by what not, and shall be free of Toll, etc. EXecution of Writs in ancient Demesne cannot be, for that Execution is given by Westm. 2. chap. 18. and that the Statute is, if they be ejected of those Tenements they have to recover by a Writ of new Disseisin, 22 Book of Ass. 45. Upon a Statute Merchant execution was awarded of Lands in ancient Demesne, Br. Tit. 37. Debt against Heir, if he hath Lands in ancient Demesne they shall be charged as Assets, 7 H. 4. fol. 15. Those Tenants of ancient Demesne are quit of Toll, and passages for Goods sold and bought in Fairs and Markets, and to be quit of Tax and Tallage of Parliament; unless they be taxed by the Parliament, and to be quit of expenses of Knights of Parliament, and shall not be put upon Juries and Inquests out of ancient Demesne for Lands of ancient Demesne, Eitzh. 14. Court of Pipowders. Let us see the nature and authority of Court of Pipowders. COurt of Pipowders is a Court of Record and the Steward is Judge, for that that there are no Suitors there, and for that error lieth there upon erroneous judgement given, and not a Writ of false judgement, 6 Ed. 4. fol. 3.7 Ed. 4. fol. 23. That error lieth there. It was held that a Court of Pipowders may be by custom in a City without Fair or Market, and therefore where it was assigned for error upon a Record given in a Court of Pipowders, according to the custom of the City held, etc. And though it be not (in full Market or Fair) it was adjudged no error, 13 Ed. 4. f. 8. Trespass of Goods taken, the Defendant justifies as Bailif of the Town of Rippon, by virtue of a command of execution of a judgement given against the Plaintif in Debt, in Court of the said Fair at Rippon, and for that, that the Plaintif did not make agreement for the Debt recovered against him within ten days, after judgement given, he makes price of the Goods by Merchants of the Town of Rippon, and for that makes agreement with the party, and this Justification was good, 20 Book of Assize 90. It was enacted that no Steward shall hold Plea in this Court, unless the plaintiff or his Attorney makes Oath that the fact or contract was made within the Fair, and if it were the contrary he should forfeit 100 s. 17 Ed. 4. chap. 2. tit. Fairs the fourth. In Court of Pipowders the plaintiff or his Attorney shall be examined by Oath if the matter risen within the Fair, and the Defendant also may plead that this arose in a foreign place, 1 R. 3. chap. 6. Debt in the common Bench against Maud, and counts that he had recovered ten Marks against the said Maud in Court of Pipowders at Everwick, and the plaintiff by Certiorare removes (the Tenor of the Record) in the Chancery, and from thence by (Mittimus) into the common Bench to have execution, and attachment was made upon the Original, at the ninth hour, and he appears and pleaded, and a (Venire facias) went out, returnable at the third hour after the ninth, and so in Court of Pipowders the process is from hour to hour, 7 H. 6. fol. 19 The book of Entries, fol. 167. See there the form of the Count and (Praecipe) of summoning in this Court; and the Process of (Capias) and proceeding in Debt in this Court, and Debt against a Jailor for escape in Title, Debt. The book of Entries fol. 18. See (Scire facias) to have execution upon judgement given in a Court of Pipowders, in an action of account brought there, and removed into the common Bench to have execution of that judgement. And it seems briefly that nothing shall be sued here, unless the contract or deed were made within the Precinct of the Fair or Market, as it appears above, and for that Informations of penal Statutes ought not to be sued in this Court, of things and Offences made out of Fairs and Markets, as insufficient tanned Leather, carried to be sold in Fairs against the Statutes, also this Court is ordained only for hasty redress of things there during the Fair. Court of marshalsea. FIRST, In the book called the Diversity of Courts fol. 110. It is said, that the Court called the Marshelsey is an ancient Court of Record, and made to have good government and order within the King's House, for preservation of the King and his Servants, and to this Court are certain bounds limited, by 13 R. 2. chap. 3. that in all places where the King in his own person shall come and make stay there, within the Verge limited to his Grace's Court, that it shall not pass the space of twelve Miles to be accounted from his Lodging, Fitzh. 141. B. And in diversity of Courts it is said, that this Court hath power to inquire of Treason, Murder, and Felony, and to take appeals of them, and also of Maims, if they be made within the Verge, and between persons of the King's House. And said there also, that if one of the House of the King sue another which is not of the House, he shall plead to the Jurisdiction of the Court, and if they will not this exception allow, he shall have a Writ of Error and that shall be reversed in the King's Bench, Fitzh. 242. A. Seek in trespass: And the Judges in this Court, are the Steward, and Marshal of the King's House, for in these is the order of the King's House. Note that by the Statute, Articuli super chartas, c. 3. that the Steward and the Marshal shall hold no Plea of Freehold, nor of Debt, Covenant, nor of any bargain made between any of the King's People, but only of trespass made within the King's House, or other trespass made within the Verge, and of Contracts and Covenants, which one of the King's House made with another in the same House, and not otherwhere. And they shall plead no Plea of trespass, except the parties were arrested by them before the King departed the Verge where the trespass was committed, and they shall plead speedily from day to day, so that it may be pleaded and determined, before the King depart out of the limits of the same Verge, where the trespass was done, and if they cannot be determined within the limits of the Verge, the Pleas there shall cease, and be determined at the common Law, and the Steward shall not take conusance of Debt nor of other things, but of such persons only which are of the King's House, nor shall hold any other Plea by obligation, and if they do any thing against this Ordinance, let their doing be held for nothing, see, Fitzh. 241. B. D. 10. H. 6. fol. 13. Action was brought upon this Statute, for that the Defendant impleads the plaintiff in the marshalsea for trespass, whereof one, nor the other was of the King's House, and there it is granted by the Court, that of trespass within the Verge, one or the other shall be of the House, as well as of action there upon other contract: Seek, for it seems otherwise by the words of the Statute, and it is used now the contrary, diversity of Courts agrees as above, see the title of, 38 Brook. 7 H. 6. f. 33. A Writ was sued upon the Statute (Articuli super Chartas) Ed. 1. chap. 3. That none shall be impleaded in the marshalsea if one party were not of the King's House, there did aver the Defendant vexed him, etc. the other saith no such record. Brook tit. Action upon the Statute 38. That the marshalsea shall not hold Plea of Contracts, unless, as well the plaintiff as the Defendant are of the King's House, for if it be otherwise the Defendant may plead to the Jurisdiction, and if the plaintiff remove out of the King's Service, hanging the Plea, the Defendant may plead that, and abate the Jurisdiction and the Plea, contrary if the Defendant remove out of the King's Service, and there it was held though the trespass made within the Verge lie there between any, though they be not of the King's House, contrary of Debt and Covenant, and therefore seek of action upon the case there between strangers upon Assumpsit, for it seems that it is a Contract. 6 R. 2. Tit. 49. Br. Action upon the Statute, Debt upon Recovery of Damages before the Marshal, in an action of Covenant before the Marshal, that is a good Plea to the Jurisdiction, that none of the parties was of the King's House at the time, etc. For the Statute of (Articuli super chartas) cap. 3. will as above, and therefore it is (coram non Judice) if it be otherwise. 19 Ed. 4. fol. 9 By Littleton, and not denied, where one is outlawed in the common Bench without Original, it is not void, but error, but Judgement given in the marshalsea between parties which are not of the King's House, is void, for they have no power to hold the Plea, and if execution of that Judgement be sued, the other shall have trespass upon it. Then for that, that the Statute of (Articuli super chartas) aforesaid, limits what actions shall be sued in the marshalsea, it seems that information upon penal Statutes shall not be sued there, for the Attorney of the Queen, nor informer shall not inform there, and this is no Suit between the parties that the Statue of Artic. provides, and they are no such actions, and for that Mr. Poole Steward there, did well to reject the informations of penal Statutes aforesaid out of the Court, and in this Court and the Court of Pipowders the Suit is, J.S. complains against J.D. and your information is, Memorandum, that such a day J.S. came here into the Court, etc. And gave the Court so to understand that, etc. And there is another form, and where there are divers Statutes which gives liberty to sue for penalties in any Court of Record of the King by express words, yet it was never seen in any suit by information, for such penalties in the Chancery, Court of Wards, Court of Requests, for suits there are by English Bills and matters of conscience, and Leet is a Court of Record of the King, and yet no information shall be there, and so it seems in a Court of Pipowders, & they do not use in these Courts English, nor in Leet where the matters are by presentment of the Jury to be informed there, nor in Court of Pipowders, unless the Lord hath the panalties by the Kings Grant, for in these Courts the attendance of the King's Attorney is not requisite, and who shall account and pay the King, his half in these Courts, and for that it is hard to sue information there, see 44 Ed. 3. Tit. 1. Action popular B. And though that some Statutes by express words are, That it is lawful to sue for these penalties of Statutes, in any Court of the King, of Record, this is to be intended in such Courts which have been used, as in the Common Bench, the King's Bench, the Exchequer; and for that the Statute of Acton Burnell, fol. 136. is, That where an Extent upon a Statute Merchant is found too high; it is forthwith that the extenders shall answer, for this is to be intended at the day of extent, and not forthwith, 2 H. 4. fol. 19 So this is taken by intendment, as above, 8 H. 4. fol. 11. Also the Statute of Donis condicionalibus, the letter is, That Fine by Tenant in tail (in right is nothing) for that is to be taken as wise men have taken it, that is to say, That the Issue in tail be put to a Formedon, and cannot enter, 11 H. 6. fol. 19 Also the Statute of the year 8 H. H. 6. chap. 10. is, That upon Indictment shall go two Capias and Exigent, and that the second Capias shall be with Proclamation, at a place which hath addition: If he be Indicted in another County then where he dwells, and it be not so, the Outlawry shall be void; and this is taken by this Book of 11 H. 6. fol. 19 It shall be avoided by Writ of Error, and not void, according to the express words of the Statute. Also it is not used where Fairs or Markets are granted, to grant to the Lords of that, forfeiture of penal Statutes, that that is not granted to the Steward and Martial, and for these causes, Informations shall not be sued there. Customs. It is said that the fifth ground of the Law is particular Customs, and for that Custom is inquirable by the third Article, Doctor and Student, fol. 20. And for that it is expedient to say some thing of Customs, and first to write such Customs to you, which I have seen allowed between Copy-holders' within Manors, where I have been at Courts. FIrst, Heir. Custom of some Manor is, that the youngest Son, or Daughter of the first Wife, being married a Virgin, aught to inherit. Custom of some Manor is, Dower. That the Woman being espoused a Virgin, shall have all the Copyhold, whereof the Husband died seized, for her frank bench; but the Husband may alien all or part, without the Wife, and then she cannot claim Dower. Custom in some Manor is, Heir. among Copy-holders', that the youngest Son shall inherit, as in Borough English, and if he have no Son, his younger Brother, as at Edmonton. Custom of some Manor is, Heir. that all the Sons, and all the Brothers shall inherit together, as in Gavel-kind at Islington. Custom of some Manor is, Heir. That if the Tenant dies seized of five Acres or less, than the youngest Son ought to inherit, but if it be above, than all the Sons, as in Gavell-kinde, aught to inherit. Custom of some Manor is, Clivenor. If a Copyholder surrender his Land to the use of a stranger, that before the stranger be admitted, Proclamation shall be made in the Court thereof; and if the next of the blood will come in, or Clivenor Land mark, those next adjoining to the bargain from the East of the Son, and will pay so much for the Land surrendered, as he which made the bargain ought, together with all his costs, which had the Land so surrendered, and then the Bargainee shall make Oath in Court what he paid, and that shall be paid him forthwith in Court, and then the next of blood, or Clivenor, which pay that shall be admitted, and shall have the Land. Custom in some Manor is, Where surrender is of Copyhold made to him and his, that is an Estate of Inheritance in Fee by the custom, though it be not to him and his heirs; And in some Manor it is to him and his in Villainage, and yet it is a good Estate of Inheritance by the custom. Custom of some Manor is, That surrender may be made into the hands of the Bailiff in the presence of two Tenants witnessing that; and in some Manor in the hands of two Tenants, to the use of him to whom, etc. And in some Manor, in the hands of one Tenant to the use of him which should have it; and all these are good customs, and allowed. Custom of some Manor is, Dower. that the Wife shall have no Dower, nor the Husband shall not be tenant by the courtesy: And the custom in some Manor, that she shall have the third part of the Rent, and not any Land for her Dower, as at Bush. Custom in some Manor is, Surrender that surrender may be made into the hands of a tenant, in the presence of other persons, to the uses, etc. and is good. Tenant at will by the common Law, Waste. may cut Trees to repair his Houses, and also may take House-boot, Hedge-boot, and Plough-boot, and all this Tenant by Copy may do: And by the custom in divers Manors, copyholder may cut his Trees and Wood, and sell it at his pleasure; and also to suffer the Houses to decay, and yet it is not forfeiture, as it is at Islington. Custom of some Manor is, Lease. that copyholder may let that by Indenture for three years, without licence of the Lord, and in some for nine years, and in some Manor for more, and in some Manor he may let from three years to three years, to the term of one and twenty years, and is no forfeiture. Custom of some Manor is, Harriot. that where the copyholder is Inheritable, that the heir shall choose the best Beast, and the Bailiff of the Lord shall seize two of the next best Beasts, and for a Cottage, two shillings in Silver, for Harriot shall be paid and no Beast. Custom of some Manor is, Fine. to pay six shillings eight pence for a Harriot, and no Beast. Custom of some Manor is, Ward. that a copyholder pay but one penny for a Fine, though there be a hundred Acres, or more; and in some Manor, six shillings eight pence for every dwelling House, and also for every Acre six shillings eight pence, and for every Cottage six shillings eight pence, and also six shillings eight pence for every Hampsell; that is, an ancient House or Cottage decayed, six shillings eight pence: And in every Manor the Fine is uncertain, but yet the Lord there shall not take more for his Fine, then hath heretofore been taken for a Fine; and if he do otherwise, the remedy for the copyholder, is in the Chancery against his Lord. Custom of some Manor is, that if copyholder dies, his heir within age, the custom in most Manors is, that the custody shall be committed by the Lord to the next of blood, to whom the Land cannot descend: And in some Manors, the Bailiff of the Lord shall have the custody, and render the heir an account at fourteen years of the profits; and by the custom in some Manor, at fourteen years, the heir may choose to him a Guardian. Custom in some Manor is, Workmen. to have certain days of labour, in harvest for a day or two days; and in some Manor he shall pay four pence for every day labour of that. Custom of some Manor is, Relief. that he shall pay for Relief upon a descent, but half that which is due by common Law, as if he hold by six pence, he shall pay but three pence for Relief; but yet he ought to pay that relief by the custom: Also if he come in by Purchase, he ought to pay in the like manner, half his Rent as afore is said; that is to say, three pence, where his Rent was six pence. Custom of some Manor is, to pay but one penny for relief, and not more nor less, though his Rent be ten shillings. Custom in some Manor is, Dower. that if a man marry a Maid, and die seized of copyhold, this Wife shall have all the Land during her life, for her Dower; but if he marry a Widow, and die seized, she shall have no Dower. Custom of some Manor is, that if one were not copyholder of that Manor before, and purchase Lands, at first the Fine is arbitrable and granted at the will of the Lord; but he nor his heirs after shall pay no Fine, but shall be admitted free, without paying Fine for all the Lands which he after purchaseth within the Manor. If a man let to three for life, to have successively, yet this is a Joint Estate, and (successively) is void; but by custom of copyhold (successive) holds place, and one shall have it after the other, 30 H. 8. tit. Leases 54. And note that you do not say, as many use to say, that there is such a custom, when they see the Law to be contrary to their intent, as divers Stewards do, when for favour that they bear to one party, will aid him by customs when there is no such custom to help him. And I have heard a Steward say, By the custom of a Manor a Wife is dowable, and by the custom that shall be assigned by the Homagers, without plaint in nature of Dower against the Tenant of the Land, and without answer of the Tenant, and without any process made against him, contrary to Fortescue, fol. 85. which is, That none is to be sued but by the Law: And the case was this, That the Husband before that he took a Wife, made an Estate for life, reserving Rend, and after he took a Wife and died, so that by the Law the Wife is not Dowable of the Land; much more, she shall not be assigned there by the Homagers; but saith the Steward in such a case, she is by the custom of this Manor dowable in this case; and such blind and unreasonable customs are alleged many times amongst copy-holders', where there is no Precedent nor usage in this case to be showed. But you ought not to allow any custom, but that which hath been used from time to time, and from time out of mind, and there ought to be Precedents in the Court-Rolls, or good proof of that to be showed to the Court accordingly, otherwise it is not to be allowed for a custom. And for that, that you ought to note, what custom ought to have lawful beginning, as might take lawful effect by Grants at the beginning, for if it be against common right and reason, it is not good; and for that you ought to regard these Grounds and Customs. FIrst, That it be reasonable, 2 H. 4. tit. 10. And for that custom that no Tenant of the Manor, put in his Beasts, to use his common in Fields sowed, after the corn is taken off, till the Lord hath first put in his Beasts, is not good; for it may be the Lord will not put in his Beasts, and then the Tenants shall lose their profits. Also that it be according to common right, 42 Ed. 3. fol. 4. Prescription of the Sheriff, that the Tenants of the place, aught to give to the Sheriff for easement, for reward at the Turn of the Sheriff, half a Mark, and this is against common right, for every gift cometh upon his liberality, and at the will of the giver; and for that it is not good; and also saith, that the Sheriff cannot prescribe. Also that it be upon good consideration, 42 Ed. 3. fol. 4. In the case next before, where the Sheriff prescribes, for that that there is nothing which toucheth the King, of which he is charged in account, it is not good, for there is no consideration: And as 5 H. 7. fol. 9 prescription, that if any pasture Sheep upon his Land by day, that he may have Foldage of them in the night upon his Land, it is good, for it is with consideration. And you ought to note, that prescription, custom, and usage, are as Brothers, and yet some thing they differ in their natures, for Prescription is, when by continuance of time out of memory, one particular person hath particular right against another particular person. And custom is, where by continuance of time out of memory, one right is had concerning divers persons; and usage is, by continuance of time, the efficient cause of them both, and usage is the life of Prescription and custom; for Prescription and custom have their being by usage of time out of mind, etc. Custom or prescription that every one which breaks the Lord's pound shall pay three pound nine pence, is not good against a Stranger to the Lord, but that every tenant which breaks the pound shall pay three pound nine pence to the Lord, is good, for the Lord may give the Tenements of his Tenant to hold by such, etc. 11 H. 7. fol. 14. So that at the beginning the Lord may create these customs aforesaid amongst copy-holders'. Custom to prescribe to have used fold-gate in the night for pasture in the day, is good, for it is (one for another) and it is with common right, 5 H. 7. f. 9 Custom that the Tenant of time out of mind, hath used to pay so much for the Marriage of his Daughter, is good 43 Ed. 3. and 6. but Littleton fol. 46. contrary. Custom or prescription against common Right, is not good, and for that, that it hath been used in Leet, that if the petty twelve present false, and the other twelve inquire of that, and find that false, shall be amerced, is not good, the same Law for the Lord of the Leet, which hath no Land to prescribe to be Lord of Waste, 9 H. 6. fol. 44. Custom or prescription of folding Sheep in the night gathered to the Fold, is not good, unless it be as above for their pasture, 46 Ed. 3. fol. 13. Custom or prescription that one may keep the distress till he be satisfied at his Will, is not good, for it is against common right, Lit. fol. 46.5. H. 7.9. Custom or prescription, that one shall have the Land to blow and sow, and when the Corn is carried, another may have that as his several, is good, time of Ed. 2. Tit. prescription, 55. Custom or prescription to have Toll through, which is in the highway is not good, for it is against common Right, but to have Toll travers, is good, 22 Book of Assize, 58. Custom or prescription to have Warren in his Signiory Lands is good, but not of Lands which are not held of him, 3. H. 6.13.43. Ed. 3.13. and see 44 Ed. 3.13. Custom is good which is not against the Law of Reason nor the Law of God, as customs of gavelkind, and Borough English, and Doctor and Student, fol. 20. B. Custom that every Tenant of the Manor, aught to pay two Marks for Relief, hold they more or less, is good, 40 Ed. 3. f. 6. Custom that the Tenants of the Manor time out of mind, have used to choose a Beadle for them, to gather the Lords Rents, is good, 44 Ed. 3. fol. 13. Custom that none of the Town of D. shall put in their Beasts into the Field after the corn taken off, until the Feast of S. Michael is a good custom of the Town, after 46 Ed. 3. fol. 24. But custom that none shall put his Beasts into the Fields after the corn severed and carried, before the Lord put in his Beasts is not good, for paradventure the Lord will never put in his Beasts, 2 H. 4.24. Custom of the Town of Barton, or of a Manor, that a Wife shall have all the Land of her Husband for her dower, or a half, or fourth part, is a good custom, 2 Ed. 4.17. and 21 Ed. 4. fol. 64. by Choke. It is held that custom, throughout the whole Kingdom is common Law, and one cannot prescribe that it is a custom throughout the whole Kingdom, but it is a custom in such a City or such a County, 34 H. 8. Tit. custom 59.30 Ed. 3.25. 2 H. 4. fol. 18. custom of County, 21 Ed. 4.54. Custom of the Town which is no Burrow nor corporation allowed there, but see, 4 Ed. 3.38. in a reasonable part, and see 21. Ed. 4. f. 53. and 54.40 Book of As. 27. and 45 As. 48. against the custom of the Villiage. That he hath been by prescription the keeper of a Wood, and custom to have of every comer a measure of work, or three pence, and of every one which hath a Gate into the Wood, a Hen is a custom allowed, 11 H. 6.2. Custom or prescription to have House-boote in the Lord's Wood, is good, but not to have Wood to sell, 11 H. 6. f. 11. Custom that within the Manor of D. the Wife shall have the whole Land of her Husband in Dower, whilst he is unmarried, and if she marry, that she shall forfeit that, is good and allowable, 21 Ass. 11. Custom that a Woman covert may demise and surrender her Copyhold to the use of her Husband, this custom is not allowable; but custom that an Infant at his age of discretion may surrender his copyhold, that is good; but contrary of an Infant within age of discretion to make a surrender. 21 H. 7. fol. 26. Lord to prescribe that every Tenant of his Manor ought to Impound distress▪ taken within his Manor, in his Pound, is not good, for he may Impound in his own Land. 8 Ed. 4. fol. 19 Those which are Fishets in the Sea, may prescribe to go upon the Land adjoining to the Sea to Fish, for that is for the Common wealth, but to dig to fix the Stakes to dry their Nets, is against common right, and is not good. 21 Ed. 4. tit. 50. Custom to turn his Plough upon the head-land of another, is a good custom. 40 Edw. 3. fol. 9 Custom to pay to the Lord five Marks for Relief, and not more, hold he more or less, is good. 44 Ed. 3. fol. 13. Custom that the Tenants ought to choose a Beadle amongst them, to gather the Lords Rents, is good. 2 Mar. tit. Prescription, B. 100 Custom may be alleged, where there is no person that may prescribe, as Inhabitants cannot prescribe, but allege custom there, to have Common in D. for one goes with the person and another with the place; and prescription with the person, by 21 H. 7. fol. 13. that is, That all the Tenants have used to pay after their death a Harriot, is not good, but that the Lord hath used to have after the death, etc. he may prescribe. 18 H. 8. fol. 2. Inhabitants, by Fitzherbart, cannot prescribe to have Common; but the Lord may prescribe for him and his Tenants, etc. of time out of mind, etc. 7 Ed. 4. fol. 24. It seems that Inhabitants cannot prescribe to Intercommon, because of Neighbourhood, but Inhabitants may prescribe to have easement; that is to say, That they have a way, or other thing of easement, but not to take profit. 12 Ed. 4. fol. 2. It seems by Catesby, that the Inhabitants of D. may prescribe, that they have used to pay but three pence for Toll. 18 Ed. 4. fol. 3. It is said, that the Inhabitants of D. cannot prescribe that they have used to have Common in another's Freehold, but that they have used to have a way, 15 Ed. fol. 28. the same. 40 Ed. 4. fol. 18. Scholars of Oxford, and Justices of Assize may prescribe to have principal of Houses, notwithstanding they are not corporate, for that they are for the Common wealth. 26 H. 8. fol. 6. Parishioners may prescribe to choose two Churchwardens of a Church, every year, and good. 11 Ed. 4. fol. 2. Sergeants at the Law may prescribe that they have used to be Impleaded by Original, and not by Bill, and so prescribe in usage. 20 Ed. 4. fol. ult. Officer which hath his Office at will, may prescribe, as Chief Justice of the Bench, and other, which have used to give Offices. 22 Ed. 4. fol. 18. The Lord Chancellor of England, which is at will may prescribe in usage; that is, to present to all Benefices under forty Marks, which are in the King's right; but he ought to prescribe in his Office; that is, that all Chancellors, etc. and so many Justices prescribe, 20 H. 6. fol. 9 the same. 12 H. 7. fol. 14. Officers may prescribe that they and all the Officers whose Estate, etc. Have used and so forth, etc. Note how one shall have a Rent or a thing which cannot be granted without Deed by prescription. 13 Book of Ass. 4. Rent was recovered by Verdict in Assize, where the Assize found, that he and those whose Estate he hath, were seized of time out of mind, and so note, Rend recovered by title of prescription, and the party shows a deed by which he purchased the Rent, but not a Deed of the beginning of it. Littleton fol. 34. saith, Such things which cannot be granted nor aliened, without Deed or Fine, a man which will have things by prescription, he cannot otherwise prescribe, but in him and his Ancestors whose Heir he is, and not in him, and those whose Estate he hath, for that, that he cannot have his Estate without Deed or other writing, which he ought to show. 12 H. 7. fol. 14. One avows for that, that he and all those whose Estate he hath in the Hundred have view of Frank pledge, and that by reason of ten Acres within that, he ought to make Suit at the view, etc. 22 Book of Ass. 53. Ass. One makes Title to Rent, that he and his Ancestors, Lords of the Manor of D. and those whose Estate he hath, of time out of mind, have used the Rent, and this is good without showing a Deed of purchase of that, being appurtenant to the Manor. 11 H. 6. f. 14. To say that he is seized of a Message, and twenty Acres, and to prescribe that he and all those, etc. have used House-boote and Wood to sell, it is not good, to prescribe to sell it. Custom shall be taken strictly. Custom of London is, that a Citizen and a Freeman may devise in Mortmain, but a Citizen which is a foreigner, cannot devise in Mortmain, for it shall be taken strictly, 5 H. 7. f. 10. 5 H. 7. fol. 41. Custom that an Infant of the age of fifteen years may make a Feoffment, yet a Lease and Release which mounts to so much, is not good. 22 Ed. 4. Tit. 17. Infant by custom of gavelkind at the age of fifteen may make a Feoffment, yet he cannot make a Will upon the same Feoffment, for custom shall be taken strictly. Perkins f. 83. Where the custom is, that the Wife shall have half the Lands of her Husband for her Dower, yet she shall not have the half of a Fair or a Bailiwick, for they are not Lands and shall be taken strictly. 38 Ass. 18. By the custom of London a Citizen may devise Lands which are within the same City in Mortmain, but not Lands out, and Forrainer cannot devise Land in London in Mortmain. Costs against the Plaintiff. THat in every Court in trespass upon the Statute of, 5 R. 3. chap. 7. Debt, covenant by specialty or upon contract, Detinue of Goods, account, action upon the case, or upon the Statute, for personal wrong aught to be remedied, if after appearance of the Defendant the Plaintiff be nonsuited or a Verdict pass against him, the Defendant shall recover his costs, 23 H. 8. chap. 15. If any be troubled by attachment or arrested by Latitat, or in London, or in a Court which hath liberty to hold Plea, and no Count be put in within three days after the Bail put in, otherwise appears (unless the Court of discretion gives longer day) the Defendant shall recover costs and damages, the same Law is if a Suit be discontinued after Count, or that the Plaintiff be nonsuited, than the Defendant forthwith by discretion of the Court shall recover costs, and the Statute gives Debt for the costs, 8 Eliz. Chap. 2. But one arrested by Bill of Middlesex, shall not recover costs though the Plaintiff do not count to be nonsuited. If a matter pass against an Informer by Verdict or Judgement, the party shall have costs, and shall have execution by a Capias to satisfy fieri facias, or Elegit, but these two last Statutes do not extend to a Courtbaron, 18 Eliz. C. 5. 22 H. 8. B. Tit. Costs 25. in (quare impedit) the Plaintiff shall not recover costs, for that the damages are great, 35 H. 8. Tit. 258. 2 Ma. Tit. Costs 23. Debt by Lessor, if he be nonsuited or barred, the Defendant shall recover costs by the Statute, for it is upon a contract for Rent. 2 H. 7. f. 13. Account, the Plaintiff shall not recover costs, but where the Defendant is adjudged to account, and pleads Barr, etc. It is otherwise. 9 H. 6. fol. 66. He shall not recover costs, for that the damages are tremble by the Statute, 14 H. 6. fol. 13. forcible entry the same. In London by act of common Council in trespass by force of Arms, and in all other Actions personals, if the Plaintiff be nonsuited, or a Verdict against him, and Judgement upon it, or Judgement upon demur against him, the Defendant shall recover his costs by discretion of the Court, but if the Plaintiff sue as Executor or Administrator, which is not upon his own act, the Defendant there shall not recover costs, and yet trespass (by force of Arms) is not within the Statute, 23 H. 8. chap. 14. to have costs. Damages. IT seems if one take my Beasts, and after they return to me again, I shall have trespass for taking, but upon the evidence I shall not recover the value, though the value be in the Writ, 11 H. 4. fol. 23. 1 H. 6. fol. 8. 19 H. 6. fol. 34. In what plaints Damages shall be recovered in Court-Barons, and in what cases in Court-Barons and other Courts, and in what not. In plaint in nature of Assize of novel disseisin, Grandfather and Great Grandfather. Entry by disseisin, Dower, Nuper obiit, Mortdancester. Cozenage. Replegiare. Covenant. Debt. Action upon the Case. Deceit and trespass. Damages and costs shall be recovered by the Plaintiff. Eight Marks were given in plaint of Land in Courtbaron, Plowdens Commentaries, f. 394. B. If any avow for Rent, or doing damage, custom, or service, if the Plaintiff be nonsuited, or otherwise barred, than the Avowant shall recover damages and costs, as the Plaintiff ought: See 19 H. 8. fol. 8. & 12 H. 8. chap. 19 Rast. tit. Avowry 1. Descent. THen for that, that the second Article, is to inquire who is Tenant, and what advantage the Lord shall have by the death of his Tenant: It behoveth to know, who is in by descent to be your Tenant, that you may know of whom to have relief, and who to be in Ward, and who not, and who shall be said in by descent, and where by purchase, and where he shall not be in by descent. Gift to one in tail, remainder to the right heirs of J. S. which was dead. T. S. hath that as right heir, and is in by purchase, and shall not pay relief, nor be in ward, 40 Ed. 3.9. & 32 Ed. 3. Fitzh. Descent 8. Lord and Tenant, the Tenant aliens in Mortmain, and the Alience is disseised and the Disseisor dyeth seized, his Heir is in by descent yet the Lord may enter within the year for he hath only a Title to enter and cannot have an action, but contrary of him that hath right of entry and may have action, 1 Ed. 6. Tit. Mortmain 6. Bro. Lease for life, the remainder to the right Heirs of J.S. the Tenant for life dies, living J.S. the remainder is void and J.S. nor his Heirs shall not be said in by descent to pay relief, nor otherwise shall have the Land as purchasor, 9 H. 6. f. 24. Perkins f. 12. the same. Lease for life the remainder to the right Heirs of J.S. and J.S. dies, Tenant for life hath aid of T.S. Son and Heir of J.S. and though he were within age, he shall not have his age, and shall not pay relief nor be in ward if they hold by Knight service and be within age, for that he is in as a Purchasor, 11 H. 4. f. 74. Lease for life the remainder to another in tail, which dies his Issue within age, and after the Tenant for life dies, the Issue is in by descent, and if he be within age and hold by Knight service, he shall be in ward to the Donor, 33 H. 6. f. 5. And for that, that in the said second Article of Charge, you ought to inquire if any Tenant be dead, who is his next Heir. Let us now see where a Woman is with child at the time of the death of her Husband Tenant, and by whom she shall be Judged with child, and who shall be said in after the death of the Husband as Heir, and shall be Tenant to the Lord, and who not. IF the Husband Tenant die seized, and his Wife with Child, and a Brother of the Husband enter as Heir as he may, and after Issue is born, this Issue is Heir to the Husband, and Tenant to the Lord, and not the Brother, though he were Tenant and Heir before the Issue was borne, 41 Ed. 3. fol. 11. A man Tenant hath a Daughter, his Wife with child with a Son, and makes a Feoffment upon condition and dies, and the Daughter enters for the condition, etc. and after the Son is born, this Son shall not be Heir nor Tenant of this Land, the same Law is where there is a Lease for life, the remainder to the right Heirs of J.S. Tenant for life dies, the Daughter enters, and after the Son is born, he shall not be Heir and Tenant of that Land, 9 H. 7. f. 25. Plow. f 56. Daughter enters after the Death of her Father Tenant, and takes profits, and after the Son with which the Wife was with child, is borne, he may enter and have that as Heir, and shall be in by descent and Tenant, but hath no remedy for the profits taken by the Daughter before he was born, 9 H. 6 fol. 26. If a Woman Tenant seized in Fee hath a Daughter, and being with Child with a Son, the Husband dies, and after the Wife is ravished, and consents to the Ravishor, and the Daughter enters by the Statute as next of blood, as she may, and after the Son is born he cannot enter upon the Daughter and be Heir, and Tenant to the Lord, Ploughed. Com. f. 56. 5. Ed. 4. f. 6. By Terms of the Law thirty, and Wilby, if a man Tenant seized of Land in Fee, dies seized, his Wife privily being with Child with a Son, and another man marries her, and after the Son is born, he shall be adjudged the Son of the second Husband and not of the first Husband, and shall be Tenant to the Lord, of the Land of the second Husband, and Berrey Justice said, that the Infant might choose which he would for his Father, 21 Ed. 3. f. 39 Otherwise it is, if she had been great with Child. If a Woman be with Child by her Husband Tenant, or by another, it shall not be tried, but if she be with Child at the time of the death of her Husband or not, shall be in Issue, for by, 1 H. 6. f. 3. If the Wife of J.S. go away with an Adulterer, and hath Issue, if J.S. her Husband be within the four Seas, the Issue is Heir of J.S. for by whom the Woman is with Child it cannot be tried, and for that it shall be intended by J.S. 41 Ed. 3. f. 11. and 7. H. 4. f. 9 the same. If a man marry a Wife which is great with Child by another man, and within three days after Marriage she is delivered, and the Husband dies the Issue is lawful, and Heir and Tenant to the Lord, and no Bastard, 18. E. 4. f. 30. a. 24 H. 8. Br. Title Bastardy 44. it was said if a man marry his Cousin within the degrees of Marriage, and have Issue and are divorced in their lives, and by that the Marriage is avoided, and the Issue is Bastard, contrary if one die before the Divorce. 21 H. 7. f. 41. If a Deacon takes a Wife and hath Issue, this Issue is no Bastard; otherwise it is of a Marriage between a Friar and a Nun if they have Issue. 11 H. 4. fol. 76. Said by our Law, if one marry his Cousin, their Issue is no Bastard, till they are divorced, but shall take by Descent. 42 Ed. 3. fol. 11. If a man marry a Wife, and living that Wife, marry another, and hath Issue by the second, this Issue is a Bastard, notwithstanding that the first Wife after dies, and shall not take by Descent. For that, that in the same second Article of Charge, it is inquired if any Tenant of the Lord be dead, who is Heir and Tenant to the Lord, let us now see where the half blood is impediment, and where not. TEnant gives Land to the Father for life, remainder to Rich. his Son in tail. The remainder to the right Heir of the Father, the Father dies, Rich. enters and dies without Issue of his Body, his Brother of the half blood shall have the Land and not the Uncle of Rich. and shall be Tenant, and the half blood is no impediment, 39 E. 3. tit. 5. A man Tenant had Issue by two several Bellies and dies, the eldest Son enters and endowes his Mother, the Heir dies without Issue, the Tenant in Dower dies, the youngest Son of the half blood shall inherit it, and shall be Tenant, 7 H. 5. f. 2. 58. Assizes 6. accordingly. Father seized of an Advowson in gross hath a Son and Daughter by one Belly, and a Son by another and dies, and the eldest dies before presentment, the youngest Son shall be Heir, and the half blood is no impediment, 3 H. 7. f. 5. Fitzh. f. 36. O. If the Father Tenant hath a Son and a Daughter by one Belly, and a Son by another, and lets to one for life and dies, and the Reversion is descended to his eldest Son, which dies before the Tenant for life, this is no possession, that the Daughter shall have the Land, but the Son of the half blood shall be Tenant to the Lord, but if reversion of term of years were in the eldest Son which dies before the Term ended, the Daughter shall have the Land, and shall be Tenant to the Lord, and not the Son for half blood is impediment, 5 Ed. 4. f. 9 But in the case next before, where there is a Rent reserved upon the Estate for life by the Father, and the eldest hath the reversion and Rent and dies, the Daughter there shall inherit, and the half blood is an impediment to the Son to be Heir and Tenent, yet if the Father dies, and the eldest Son dies before payment of Rent, there it is otherwise, 35 Book of Ass. 2. If a man Tenant hath Issue two Daughters by several Bellies and dies, and they enter and make division betwixt them, if one die without Heir general or special her part shall escheat to the Lord, and not descend to the Sister of the half blood, but if that Sister hath an Uncle it ought to descend to him, and if he enter and dies without Issue, it shall descend to the Sister of the half blood, see, Littleton fol. 3. Natura brevium fol. 10. If a man Tenant hath three Daughters by on Belly, and a Daughter by another and dies, and the four Daughters enter, and two of them by the first Belly die, now the third of the whole blood shall have three parts, and shall be Tenant of that to the Lord, 10 Ed. 3. Tit. 13. and 10 Ass. 27. accordingly. Note that the possession of a Brother to make the Sister inheritor, and not the Son of the half blood, is only of fee, and not of fee tail, 32 Ed. 3. Tit. 8.37 Book of Ass. 15. accordingly. If the Donee in tail have a Son and a Daughter by one Belly, and a Son by another and dies, and the Son of the first Belly enter, and dies seized without Issue, the Son of the second Belly shall be Heir and Tenant to the Donor, and not 〈◊〉 the Daughter, Natura brevium, fol. 147. If a man hath a Son and a Daughter by one Belly, and a Daughter by another, and Lands are given to the Father for life, the remainder to the Son in tail, the remainder to the right Heirs of the Father, the Father dies and the Son enters and dies without Issue, the two Daughters shall be Heirs and Tenants to the Lord, for the Son was not actually seized of the Fee, 5 Ed. 1. Tit: 14.32 Ed. 3. Tit. 9.24. Ed. 3. fol. 24. and 37. Book of Ass. 4. accordingly. The possession of the Brother, of Lands held by Knight's service, there the possession of the Guardian, if the Son dies in Ward, is possession of the heir to make the Sister inherit, and to be Tenant to the Lord, and not the Son of the half blood, 8 Ed. 3. tit. 12. and 8 Book of Ass. 6. accordingly. Lands descends to two Coparceners, which are by several bellies, and one die before entry into the Land, the other shall have Mortdancester, as heir of her Father of the whole Land, for that, that the other was never seized, 34 Book of Assizes 10. Escheats. Where it shall Escheat and not descend, and where not. And for that in the same second Article is also inquirable what advantage the Lord may have by the death of his Tenant, that is to say, Ward, or Escheat: Now let us see what is impediment by attainder, and otherwise, that the Issue of the Lands in Fee, cannot be heir by descent, not that his Father and Mother were married, and where the Lord shall have that by Escheat, and where not. IF an Infant of the Age of seven or eight years marry a Wife, and his Wife have Issue within one year or two after marriage, this Issue shall not be his heir, and if he have no other heir general or special, the Land shall Escheat, 38 Book of Assizes, 24. If the Father being an Alien, hath a Son, and after the Father is made Denizen, and after hath another Son, and after purchase Lands and dyes, the youngest Son is heir, and if he die without Issue, the Lord shall have the Land by Escheat, and not the eldest Son, for he is an Alien, Doctor and Student, fol. 12. The eldest Son is attaint of Felony in the life time of his Father, and is hanged, the Father dies, the youngest Son shall inherit, and it shall not Escheat: But if the eldest Son be attaint in the life time of his Father, and survive the Father, the Land shall Escheat, 20 Book of Assizes 2.46 Ed. 3. tit. Descent 6.49 Ed. 3. fol. 11. & 31 Ed. 1. tit. 17. accordingly. If the Son be attaint of Felony or Treason, and after is pardoned, and after that his Father dies seized of land, the Lord shall have that by Escheat, rather than the Son, 13 H. 4. fol. 8.1 E. 3. lit. 15. accordingly: See before that Doctor and Student, fol. 25. Where the Husband is attaint of Felony, and purchase his pardon, and after dies, his Wife shall not be endowed of Land, which he had before the attainder, but it ought to Escheat; but of those which he purchases after, she shall have Dower, and shall not Escheat, Littleton, fol. 11. If the Husband seized of Land, commit Felony, and after alien, and after is attaint, the Wife shall have Dower against the Feoffee; but otherwise it is if it were Escheated, Nat. bre. fol. 7. If the Son be outlawed of Felony, in the life time of his Father, and hath a pardon, and after the Father dies seized of Land, the Son shall not have these Lands, but the Lord by Escheat, though he hath divers Sons, 31 E. 1. tit. 17.11 H. 4. fol. 11. & 22 H. 6. fol. 38. The Father outlawed of Felony, purchaseth a pardon, and after purchaseth Lands, the Son he had before the Felony may inherit them, and the Lord shall not have them by Escheat, 9 H. 5. fol. 9 If one die Tenant to the Lord, without heir general or special, as if the Tenant be disseised, and dies without heir general or special, the Lord shall have the Escheat of this Land, though he did not die seized, for that, that he died Tenant, 2 H. 4. fol. 9 7 H. 4. fol. 18. accordingly, 32 H. 6. fol. 31.36 H. 6. fol. 1.6 H. 4. fol. 5. the same; And Nat bre. fol. 103. the same. Where an Alien purchases, the King may seize, 11 H. 4. fol. 25. & 14 H. 4. fol. 20. accordingly. And if a Denizen purchase, and die without Issue born within the obedience of the Queen, this Land shall Escheat to the Lord. If an English Tenant marry an Alien, she is forthwith upon the marriage, of the King's allegiance, and their Issue shall inherit, and it shall not Escheat, Abridgement of the Book of Assizes, fol. 39 Where there is Lord and Tenant, and the Tenant grants Rend charge, and dies without heir general or special, the Lord shall have the Land by Escheat, Rastall, Escheat 15. but he shall hold it charged, 3 Book of Ass. 1. The same Law is of the King's Tenant, which grants Rend and dies, etc. and his heir in Ward by the Statute, 2 & 3 E. 6. chap. 8. Lord and Tenant, the Tenant is disseised, and the disseisor dies seized, and the disseisee dies without heir, the Lord shall not have that as by Escheat, for I intent he dies not in his Homage, 32 H. 6. fol. 31. B. Lord and Tenant, the Tenant lets for life, and dies without heir, though he died not seized, the Lord shall have Escheat, 2 H. 4. fol. 9 If one be attaint of high Treason, the King shall have Escheat, of whomsoever he hold, notwithstanding if it be of petty Treason, the Lord shall have the Escheat, 22 Book of Ass. 49. If the Tenant be beheaded for Felony, the Lord shall have Escheat, and shall say (for which he was hanged) Natura brevium, fol. 100 8 E. 3. in the Register, f. 165. accordingly. If my Tenant within age, alien to one in Fee▪ and within age die without heir, the Lord may enter by Escheat, 16 E. 3. tit. Statham, fol. 84.3 E. 3. Journey to North: See 6 H. 4. fol. 3. North: that he cannot enter, but he may have Escheat. It seems that the Lord cannot enter by Escheat, where his Tenant's entry is taken away; as if the Husband discontinue, the Lands of his Wife, and the Wife dies without heir, the Lord cannot enter by Escheat, 32 H. 6 fol. 27. by Littleton. If a man go over the Sea without licence, and there takes a Wife, and there by her hath Issue, if the Issue survive his Father, the Land of the Father shall Escheat, 22 H. 6. fol. 38. by Newton. 1 R. 3. fol. 3. by Hussey, He which is borne beyond the Sea, and his Father and Mother were English, that their Issue shall inherit by the common Law, but by the Statute aforesaid it is clear. The same Law is where an Alien borne, purchase lands of the King before he be made Denizen, or if he be a Denizen, and purchase Lands, and dies without heir borne under the obedience of the King, there the King shall have that Land as Perquisite, in manner as Escheat. Where the Tenant hath an Estate in fee, and dies without heir general or special, his Land shall Escheat to his Lord, Fitzh. 143. T. 32 H. 6. fol. 31. The Lord cannot enter, but where his Tenant might enter, and for that if the Husband and the Wife discontinue, and the Wife dies without heir, the Lord cannot enter by Escheat: And if the Tenant be disseised, and the Disseiser dyeth seized, and his heir enter, and after the Disseisee dies without heir, the Lord cannot enter. 37 H. 6. fol. 1. It seems by Fortescue, that the Lord shall have Escheat or Ward, though his Tenant did not die seized. 2 H. 4. fol. 9 The Lord shall have a Writ of Escheat, though his tenant died not seized, for if he die his tenant, that sufficeth: If my tenant lets for life, and dies without heir, he doth not die seized; and yet the Lord shall have the Escheat, 7 H. 4. fol. 18. the same. 6 H. 4. fol. 5. Lord and Tenant within age, the Tenant is disseised, and dies without heir, the Lord may enter by Escheat: The same Law is if he being an Infant tenant alien and dies without heir, the Lord shall have by Escheat. Fitzh. fol. 144. A. If Tenant in tail die without heir, he in reversion shall not have a Writ of Escheat; But if Tenant in tail, the remainder to his right heirs, and dies without heir; then the Lord of whom the Tenant in tail holds, shall have a Writ of Escheat. Fitzh. 144. E. Where the Tenant is a Bastard, and dies without Issue, this Land shall Escheat, Tit. Escheat 34. B. Where there is a Bastard elder, and a legitimate younger, and the Bastard enters, and dies seized without Issue, the Land shall not Escheat. Natura brevium, fol. 103. If the Tenant be disseised, and is attaint of Felony, the Lord may enter by Escheat, Abridgement of Assize, fol. 88 Lord and Tenant, the tenant being within age, aliens and dies without heir, the Lord may enter by Escheat. 6 E. 3. Statham, If my Tenant within age alien in Fee, and dies without heir, I may enter by Escheat; the same Law is, if my tenant within age be disseised, and dies without heir, I may enter by Escheat. Stamf. 42. If any free tenant of any Bishop be attaint for Felony, during the time of the vacation the King shall have Escheat of his Lands: By Prerogative, ch. 14. Fitzh. 144. O. If the Lord have title to have a Writ of Escheat, if he accept Homage of his tenant, he shall not have a Writ of Escheat against him afterwards. 7 H. 4. fol. 18. Lord and Tenant, the Tenant is disseised, and dies without heir, the Lord may enter, for right of entry may Escheat against a Disseisor; but if the Disseisor die, or alien, the Lord cannot enter by Escheat upon the heir of the Disseisor, nor upon the Alience. 22 Book of Assizes 49. The King shall have the Lands by Escheat of one attainted of high Treason, of whomsoever he hold, notwithstanding of petty Treason the Lord shall have them. 29 Book of Assize, 61. Note that Lands in tail shall not Escheat for the Felony or attainder of his Father, but by the Statute of 5 & 6 Ed. 6. chap. 11. for high treason the King shall have his Lands. 6 H. 7. fol. 9 by Keble. Right of entry may Escheat, as where the Disseisee dies without heir, or is attaint of Felony, the Lord may enter. 7 Ed. 6. tit. 18. It was held, If there he Lord and Tenant by Fealty and Rent, the Tenant is disseised, the Disseisee dies without heir, the Lord accepts the Rent by the hands of the Disseisor, yet he may enter for Escheat, or have a Writ of Escheat, and the receipt of the Rent no Bar; contrary, if he had avowed for that in Court of Record, or if he had taken corporal service, as Homage, etc. Contrary of acceptance of Rent by the hands of the heir of the Disseisor, or of his Feoffee. 48 Ed. 3. fol. 2. by Belch: Where a man commits Felony, and after purchase Land, or Land descends to him after, this is forfeited and Escheated, as well as the Land which he had time of the Felony made. 22 H. 6. fol. 37. by Newton, A man seized of Land in fee, goes beyond the Sea to B. out of the King's Allegiance without the King's licence, and there marries a Wife, and there hath Issue, and dwells there all his life, and dies without other Issue, his Land shall Escheat, and none other of the blood shall inherit. 1 R. 3. fol. 4. by Hussey, He which is borne beyond Sea, and his Father and Mother English, and faithful to our King, that their Issue shall inherit by the Common Law, but the Statute makes that clear, and his Lands shall not Escheat. 9 H. 7. fol. 2. If Tenant of the King dies without heir, and none enters, the Freehold is in the King, without Office by Escheat: But if Tenant of the King alien in Mortmain, it is not in the King without Office. 27 H. 8. tit. Office, 90. Br: Where one is attaint by Parliament, his Lands are not in the King by Escheat, to grant over without Office. 29 H. 8. tit. 52. Charter of pardon, Br. The King may be entitled to goods without Office, by Outlawry, but not to Lands. 38 H. 8. title, Thing in action, 211. Br: By the Statute of 31 H. 8. gives to the King possession of Lands of Monastries without Office, for the words are, that the King shall be in possession of them; yet if an Abbot were disseised of four Acres of land, the King cannot grant that over, before entry made by him into it. Time of H. 8. tit. 119. Pre. Br: It seems that the King shall not have a Precipe quod reddat, as a Writ of Escheat, but his title shall be found by Office. Time of Ed. 6. tit. Denizen 17. Where an Alien born purchaseth, the King shall have it, but the purchase ought to be found by Office, 33 H. 8. tit. Fines levied, 115. Title Office before Escheator, 60 Br: King shall have Chattels without Office, but not Ward. 2 H. 7. fol. 8. The King may re-enter without demand, where there is a clause of reentry in his Lease, but then that shall be found by Office. Tit. Escheat 23. Br: Alien borne hath Issue a Son, and after is made Denizen, and after hath Issue another Son, and purchase Land and dies, the youngest Son shall have the Land, and not the eldest, nor the Lord by Escheat. Tit. Escheat 29. B. Where a man is attaint of Heresy, and delivered to Lay men to be burnt, yet he shall not forfeit his Land, unless he be put in execution, and there by the execution the Lord shall have Escheat, unless the Land be held of the Ordinary, than the King shall have it. Enquest. FOR that, that you try your Copy-holders' and other Issues by consent by Jury, let us see how many shall be sworn of a Jury. The Statute of Westm. 2. chap. 13. is, that the Sheriff shall inquire by twelve and not by less, and the same Law shall be in Leet, and for that, that this Statute doth not extend to Courtbaron, Presentment of Articles there by less than twelve may be, for one may hold Courtbaron, though there be but two Suitors, and then they may inquire by two, of Articles for the Lord, but hard it is, when every one is inheritable to the Laws of the Realm, and the trial of the Law is by twelve of Issue joined between party and party, that by your not power, that is to say, that there should not be twelve Tenants of every Jury, to take from me my Trial, which the Law gives to me, and if you will try Issue by less than twelve, you may impannell three or four of the Friends to the parties, and to have no number certain under twelve, but to have such a number as the Steward pleaseth, and to be at his choice, how many shall be sworn of a Jury, and how many shall be impanelled, is inconvenient where there are more within the Manor to be impanelled, and 40 Ed. 3. f. 1. Where conusance is granted to one Court, to have conusance, if this Court fail, that it cannot make Law and Right, conusance shall not be in this case allowed, and for that that at the Exigent Bailiffs demand conusance, and shall not have it, for they cannot pronounce Outlawrie upon that and in, Quare impedit, they shall not have conusance, for they cannot award a Writ to the Bishop, 42 Ed. 3. f. 3. Where one was outlawed conusance was demanded, and could not have it, for that he could not award, Capias utlegatum there, and so it seems if there be not twelve to try the Issue they fail of power to minister Law and to do Justice, and Copyholder may sue by Bill in Chancery, where there are not twelve homagers within the Manor, or in action of of trespass at the common Law, and the party ought to be admitted in the Lord's Court, to the intent to bring trespass at the common Law, and there Law is more truly administered then in Court-Barons, and also if any sue in Courtbaron for Copyhold, he shall make his protestation to sue in nature of his Writ at common Law, and the process and proceed shall be according to the course of the common Law, and they shall join Issue according to the course of the common Law; and there (Venire facias) is, that they shall cause to come twelve free and lawful men according to the course of the common Law, and for that it seems that trial of Issues there between parties shall be by twelve and not by less. And by Fortescue, fol. 54. & 57 (sworn together in the form aforesaid twelve good and lawful men) so it appears by him that every Issue in every Court shall be tried by twelve and not by less. Enquest shall be by custom of the Realm between party and party, in a Court of Record, by twelve at the common Law, Doctor and Student, f. 14. Verdict of 11 shall not be taken, 41 Ass. 11.41. Ed. 3. f. 31. & 29. Ed. 3. f. 33. accordingly. Every Inquisition taken in the Sheriffs Turn shall be by twelve, and the same Law is said there in a Leet by the Equity of the Statute of 6 H. 4. fol. 3. Notwithstanding (seek) if less than twelve may try Issue between parties in the Court of a Lord of copyhold or not, where there are not twelve within the Manor, for it is held by some, that it shall be tried by less, and I have seen a trial by three or four. But I intent it is hard, and specially where there are twelve and more copy-holders' within the Manor, and also it appears in the Register, that an Action was removed out of the Courtbaron (because there were but four Suitors) and so I conclude, Issue for Copy-holders' shall not be tried by less than by twelve, 6 H. 4. f. 1. 18 H. 4. fol. 2 Charter of exemption that he shall not be Impanelled shall not be allowed unless a full Jury appear. 39 Ed. 3. Tit. 23 A Writ of not putting in Assizes shall not be allowed in an Attaint, nor in a Writ of right. 21 Ed. 4. f. 53. If a man have a Charter of Exemption and that shown to the Sheriff, and he notwithstanding, impannells him, trespass upon the case lies against him. Fitzh. 205. A. A Writ not to be put in Assizes and Juries is founded upon the Statute of Westm. 2. chap. 39 and upon (Articuli super Chartas) which Statutes declare that persons shall not be impanelled, that is, who is sick, lame, and above 60. years old. Fitzh. 266. Clerks which have Lands by descent, or by purchase, shall be impanelled. 5 Ed. 3. f. 26. Presentment in Leet by four and not by twelve, that one had dewelt within the Leet a year and a day not sworn, was traversed, but it seems if he were presented by twelve, it shall not be traversed, but if it were false, he shall have recovery by Writ of false presentment seek of this Writ. 45 Ed. 3. f. 26. Presentment in Leet that one hath dwelled there by a year and day and not sworn, shall be by twelve otherwise it is traversable. 3 H. 7.4. If there be not twelve to be sworn the Steward may swear a stranger which comes within the view to be sworn in Leet. The Lord may hold Courtbaron though there are but two Tenants, 23 H. 8. and 33 H. 8. and then two may present Articles for the Lord, but where Issue is between party and party it shall be by twelve, for the (Venire facias) is twelve free and lawful men, which is trial by common Law, and that seems, shall be the trial of Copyhold Land, yet Fitzh. 41. in right shall be great Assize, that is, 24 of a Jury, and attaint shall be 24. but if in Courtbaron the (Miso) be joined to be tried by great Assize, there shall go a Prohibition, etc. Fitzherbart 107. C. Enquest of office, as in a Writ to inquire of waste, it may be inquired by six or eight, 2 H. 4. f. 7. & 3 H. 6. f. 29. the same. 13 H. 8. f. 13. Where a Lord of Parliament is arraigned, there shall be eighteen or twenty Lords of the Enquest, and they shall not be sworn. 20 H. 7. fol. 3. Jurors may drink after their Charge, and before their agreement at their own proper charges, it seems their Verdict is good, for there doth not appear any corruption in them, nor that they drank for any corruption, for all drank together, and every one was in as good plight to resist as others are, etc. 19 Ed. 4. f. 6. After the Jury sworn, and before they enter into a House and before their departure from the Bar they drink by licence of the Justices, and by the consent of the parties, and their Verdict good. 10 H. 4. f. 10 After the Jury was sworn the Plaintiff delivered a writing to a Juror without the Court, and he shown that to his companions in the House, and the Jury gave Verdict, and he shall not have Judgement, 11 H. 4. fol. 17. the same Ploughed. Com. fol. 519. the Jury gave a special Verdict and a Box of Barbaryes conserved, Sugar Candy, and Liquorish was found with one J.M. one of the Jury after that he was departed from the Bar, J. M. was committed to the Fleet till he had paid a Fine, and the Verdict good, see, 8 Ass. 35. and 20 H. 6. f. 26. Trial. IN Courtbaron the trial is there by waging Law, but by the consent of the parties it may be by the Country, 33 H. 8. B. Tit. Trial 143. 3. Ed. 6. Tit. Pannell. 2. Where the Jury is of two tongues, for that, that the one is an Alien and the other an English man, there shall be six Denizens sworn, and six English men, otherwise the Jury shall not be taken, and so shall be (Tales) of that. 4 Mar. b. Tit. Jurors 8. Jury took a Writing of the Plaintiff which was not delivered to them in Court, and passed for the Plaintiff, and for that, that this matter appeared to the Court by examination, therefore the Plaintiff shall have no Judgement. 35 H. 8. B. Tit. Replead 54. It was in use in the King's bench, though that the Jury was ready to pass, there if there be a (Jeofaile) apparent in the Record, the Jury shall be discharged. 26 H. 8. f. 6. Jurors after they are in the House return to hear evidence again upon matter which they were in doubt of, and may. 14 H. 7. f. 1. The Jury eat and drink before the Evidence finished, or after they are agreed depart and drink before Verdict they shall be Fined, and the Verdict is good, but if he eat and drink after evidence given, and before they agree, the Verdict is void. And it seems that this matter shall be showed when the Jury comes in to give their Verdict, and shall be examined, and not after. And it seems that the Jurors may departed asunder by cause of great tempest of a House falling or fire where they are. Execution. For that, that execution is used in many Court-Barons by (Levari facias) let us see what Goods upon that, may be taken in Execution and what not, and the order of execution. GOods pawned shall not be taken in execution, for the Debt of him which pawned them, during the time they are pawned, 34 H. 8 Pledge 28. and 4 Ed. 6. Distress 75. Where A. lets Oxen for time, and after A. is condemned, these Oxen during the term shall not be taken in execution, 22 Ed. 4. f. 10. Debt in Courtbaron, the Plaintiff recovers by Judgement and shall have execution, and the Beasts of the Defendant were taken and delivered to him in Execution, 33 Ed. 3. Tit. Execution 133. In Debt where three are bound jointly and severally and hath of those three several Judgements, and if Execution be against one, the other shall have a supersedeas, but in trespass against three Execution against one doth not suffice, and the same Law is in a joint Debt, 4 Ed. 4. fol. 39 By (Fieri facias) or (Levari facias) the Officer cannot break the Door nor Chest to take Goods in Execution, for if he do, trespass lies against him for the breaking only, 18 Ed. 4. f. 4. & 13 Ed. 4. fol. 9 by Choke, notwithstanding, 8 Ed. 2. Tit. Executors 152. contrary. If one recovers in Courtbaron he shall not have execution by Eierifacias, nor otherwise, but may distrain the Defendant after Judgement, and detain the distress in their hands in safeguard till the Defendant hath satisfied the Plaintiff of the condemnation, 22 Ass. 72 Statham 11 Ed. fol. 93. Nat. Bre. fol. 165 and 4 H. 6. fol. 17 action. Bailiff in Court Baron cannot sell the Goods in execution; but shall restrain them as distress, notwithstanding, where it is used to make, Levari facias, it is a good custom, and note that it is used in many Manors, that the goods are praised, and execution made of them by, Levari facias, 22 Book of Ass. 72. A Writ of Execution Judicii, lieth, where Judgement is given in a Courtbaron, upon a Writ of right patent, or in debt or trespass, and the Bailiff will not make execution, this Writ lieth as well, as it lieth where Judgement is given in a Court of Record, and the Sheriff will not make execution, and if he will not levy the execution upon the Goods, it was in vain to award this Writ, Fitzh. f. 20. A. Capias doth not lie in Courtbaron, and for that, the Capias to satisfy doth not lie to have execution, and Elegit doth not lie there, etc. for this is given by the Statute of, Westm. 2. chap. 18. 29 H. 8. Tit. Execution. B. 132. Two are bound in an obligation jointly and severally, if he sue one and takes his Body by a Capias to satisfy yet he may take the other, but if one satisfy him, the other may plead that, 37 H. 8. Tit. condition, B. 16. One taken by a Capias to satisfy, is in execution, though that be not returned. 13. H. 4. Tit. Avowris 237. One avows, for that, that J. S. was seized of a place where, etc. And, let that to the Plaintiff for life, rendering Rend, and after J.S. grants the reversion to B. who was bound in a recognsance to the Avowant, and that the Avowant hath that Rent delivered in execution, and good. 15 Ed. 3. Tit. Execution 93. Rent was delivered in execution upon a Recognisance, time of Ed. 1. Title Audita querela, 402. If the Father be bound in a Recognisance and dies and his Issue within age, the Execution shall not be against him, for if it be he shall have an Assize. Time of Ed. 1 Tit. 417. If a man takes a Wife and after be bound and dies, the Wife is endowed, if she be outed by extent, she shall have Assize, 29 H. 8. Tit. Stat. Merchant 40. If one sue Execution upon a Statute and he accept part of the Land in name of all, he shall not have extent of the residue, but it seems upon a (Nihil) returned upon the Testatum, he may have process into another County. 2 R. 3. f. 8. Statute Staple was certified by the Mayor of the Staple, and the Conisee upon that sues a Writ to take the Body, and to extend his Land in Suff. and Middlesex only, and this Writ was not returned and by Certiorare he caused the Mayor to certify the Statute again, and upon that he hath a Writ of extent in ten Counties, but not in Suff. and Middlesex, and this Writ is not returned and he hath the third Certificate, and the third Writ of Extent into six Counties, but not in Suff. and Middle. and now hath his Extent, and hath Land that the Cognifor hath in right of his Wife which died, and for threats durst not take the profits of the residue, and by all the Justices the Cognisee shall have a Capias into the County where he took his first Writ, and not otherwise, that is, into the County of Suff. and Middlesex only, upon the fourth Certificate, and upon that the Conisor found sureties to the King and party according to the Statute, 11 H. 6. chap. 10. He shall have a Scire facias against the Conisee, to prove the matter in his Writ, and to be at the Judgement in the Court, and if he fail of any, he shall forfeit his Recognisance. 2 R. 3. fol. 9 If the Conisee of a Statute dies, his Executors or Administrators if he die Intestate shall have execution upon it, without suing (Scire facias) or that the Conisor cannot have any Plea, although he have a deed of Release, but if he have a Release he shall have an (Audita querela) or a (Scire facias) and so it is where one which is no Executor sues an Execution, the Conisor shall have this Writ, but upon recovery by the Statute of West. 2. One may have a fieri facias within the year to have Execution, and after the year may have Scire facias, and if a man be bound in two Statutes one after the other, and he which hath the last Statute hath first Execution, the other shall have a Scire facias and have execution, and if the Sheriff upon a Writ to have execution returns, the Conisor dead, the Conisee shall have a Scire facias against the Heir of the Coniser, and the Land Tenants. 25 H. 7. fol. 17. Where the Conisee to whom a Statute is made dyes, his Executors shall have Execution without suing Scire facias, for that it is given by the Statute, but where one hath a Judgement and dies, it is otherwise, West. 2. chap. 45. gives Scire facias upon Judgement, and upon Fine. 15 H. 7. fol. 14. Husband is bound in a Statute and Lands of his Wife were extended, and after the Wife dies, and the Heir of the Wife enters, now may the Conisee have a Capias for the Body of the Conisor, though he had not that at the first, for that, that the Statute gives the Lands, Goods and Body, and if execution be defeated by lawful entry, he shall not have a Reextent, but if the Conisor himself take the profits of the Conisee or that the profit be destroyed by wildfire, or water, the Conisee may hold over his Term, and the Conisor cannot enter during the Term of extent, but shall have a Scire facias, and shall not have that before the Term ended, without aquittance, or that he leave Money in the Court, and where the Conisee is satisfied within the term by casual profit the Conisor shall have upon that a Venire facias, and upon that a Scire facias, And if it be extended too low, the Conisor may lay the Money in Court, and recover his Land, and if it be found too high the Conisee may pray that the Extenders may take the Land, etc. 11 H. 6. fol. 8. If the Land extended be drowned by water within the Term, the Conisee may hold over the Term, and the same Law where he is outed by a Guardian in Knight's service, 15 Ed. 4. f. 5. 22 H. 8. chap. 5. Where Lands delivered by reasonable extent in Execution, have been recovered, or lawfully diversted from the Conisee of the Statute Merchants, Statute Staple or Recognizances, before they have been fully satisfied, and paid there Debts without fraud or covin, remedy given by Scire facias against the Recognisors to levy the residue. Where a Woman recovers damages in Dower in the Bench, she cannot have execution there of those damages recovered by capias ad satisfaciendum, for that, that the Capias doth not lie in the Original, 11 H. 7. f. 15. & 2 H. 4. f. 7. The Statute of Westm. 2 chap. 18. gives Elegit, that is to say, That the Sheriff shall deliver all the Chattels of the Debtor (except the Oxen and Beasts of the Blow) and the half of his Land, & that doth not extend to a Courtbaron but to Courts where Process is directed to the Sherift, and the Statute is also when a Debt is recovered in a Court of the Kings, and Courtbaron cannot award the half of the Land in Execution, for it is no Court of the Kings, but of the Lords, and he cannot meddle with Lands without the King's Command, but in other Court's Execution shall be of Lands, which hath a day of Judgement given, and of Goods in this Court, and Beasts which the party hath day of the Execution awarded, and see also execution of Recognizances and of Statutes for your Learning. Execution shall be of Land which hath day of recovery, 7 Ed. 3. f. 93. and 21. Ass. 2. A man shall have Execution of Lands which he had day of the Judgement, and not before Abridgement, Ass. fol. 93. 19 Ed. 2. Fitzh. Execution 249. Natura brevium fol. 168. A man shall have execution in Debt of no Land but of of that which the Defendant had, day of the Judgement given, and of Chattels which he had day of the Execution sued, Natura brevium fol. 107. and 2 H. 4. fol. 15. It seems that all the half of the Lands which a Recognisor hath which enters into a Recognisance day of that, or after are liable in execution by Elegit, 24 Ed. 3. fol. 27. tit. Execution 90. Fitzh. 267. D. & 2 H. 4. fol. 9 Note where one is bound in a Statute, Execution shall be of all his Lands which he had day of the Statute acknowledged, or after in whose hands they come by Feoffment or otherwise, but it is not said so of Goods and Chattels; And for that they shall not have them in whose hands they come but those only which he had in his hands day of the execution awarded. But if the Cognisor, after the Statute acknowledged, lets his Land for years, the Cognisee may out the Lessee, for the words are, in whose hands they come, by Feoffment, or in other manner, Statute of Merchants, fol, 48. To have execution of a Statute Merchant; first, you shall have a Writ of Certificate in the Chancery, and there upon Certificate shall go a Capias, returnable in the Common Bench, or King's Bench; and then within one quarter of a year, that it shall be taken, shall go an Extent of all his Goods and Lands: See the Statute of Merchants; 37 H. 6. fol. 6. Fitzh. 130. G. Statute Staple shall be certified as the Statute Merchant is, and upon that shall go a Writ of execution to take him, and to extend his Lands, and this shall be returned in the Chancery, and not into the Common Bench or King's Bench, as the Writ of execution upon a statute Merchant shall be, and upon this shall go a Liberate, Fitz. fol. 131. D. 15 H. 7. fol. 14. Upon a statute Staple, he shall have the body, lands, and goods by a Writ, and upon a statute Merchant: First a Capias, by a quarter of a year, etc. and upon the return of that (Non est inventus) shall have a Writ to have execution of his Goods and Lands. Upon a statute Staple after a Certificate, shall go out a Writ to take his body, and to extend his lands in what County he will; and if that be returned, he cannot have Extent in another County, that is to say, a Liberate, 2 R. 3. fol. 7. Upon a statute Staple shall go a Capias out of the Chancery, returnable in the Chancery to take his body, and to seife his lands into the King's hands, and at the day of return of that, Liberate. 37 H. 6. fol. 6. Note that the Statute of Merchants, fol. 79. is, That an execution upon a Recognizance shall not be made, as it is upon a Statute Merchant; but as it was used by the Law, before the making of this Statute; and this was to have a Scire facias, and upon that an Elegit, or a Fieri facias. Upon a Recognizance there shall go no Capias, but it is used otherwise at this day; that is, Scire facias returnable into the Chancery, and they use now to award a Capias, Fieri facias, or Elegit, 48 Ed. 3. fol. 14. Statute Merchant hath two Seals, and one is the Seal of the paray, and for that upon that he may have Debt to have execution; but Statute staple, only the Seal of the party, 15 H. 7. fol. 15. A man may sue Debt upon the Statute Merchant, Staple, or Recognizance: See Statute Merchant, Fitzh. 122. D. and fol. 77. the same. Note that there are four manner of Executions, and note Covin to defeat them void. THere are four manner of Executions, that is, of body by Capias, of Chattels by Fieri facias, of Lands by Elegit, and after the year after Judgement, by action of Debt, 11 H. 4. fol. 42. Debt upon Recovery, shall not be within the year after Judgement, but after the year, 5 Ed. 4. fol. 1. If after Judgement one gives his Goods to one, to defraud me of execution, and notwithstanding takes the profit of them, I shall have Execution of these Goods, 22 Book of Assizes 72. 3 R. 2. the same, and 50 Ed. 3. the same. All Conveyances of Lands and Hereditaments, Goods and Chattels, Leases, Rent, Common, or Profit, or charge out of Land, Judgement, Execution, Deeds by fraud or Covin, to the intent to defraud Creditors and others, of their just and lawful Actions, Suits, Debts, Accounts, Damages, Forfeitures, Harriors, and Releifs, are void, only against the persons, their Heirs, Successors, Executors, Administrators, and Assigns, and every of them, whose Actions, Suits, Debts, Accounts, Damages, Forfeitures, Harriots, and Releifs, by such fraud shall be, or may be hindered, delayed, or defrauded, notwithstanding feigned consideration, expressing of use, or any other matter, or thing to the contrary, 13 Elizabeth, chap. 5. Debt against Executors, they plead gift of all the goods of their Testator by Deed, without that that they administered other Goods; and the Plaintiff averrs, that the gift was made to defraud the Creditors, 13 H. 4. fol. 9 See 16 Ed. 4. fol. 9 Issue was taken if the Goods were made away to defraud Execution, or not, 43 Ed. 3. fol. 3. Where Debtors make Gifts and Feoffments feigned, of their Goods and Lands, to their Friends and others, and take Privileges, Rastall, Debt, 5. and take profits of their Lands and Goods so given by fraud, shall be a Capias, and Proclamation, and after, Execution of his Lands and Goods, 2 R. 2. Stat. 2. chap. 3. Where Debtors make Gifts and Feoffments, Rastall, execution 5. as it is said in the Statute of 2 R. 2. and fly to places privileged, and take profits, that the Creditors shall have Execution of the said Goods and Chattels, as if no such Gift: had been made, 50 E. 3. chap. 6. 26 H. 8. fol. 2. If a man takes a Wife which hath Goods and aliens them by Covin, supposing a Divorce to follow, and after they are divorced, the Wife may aver the Covin, and have her Goods again. 33 H. 6. fol. 5. One buys in Market open, Goods taken by wrong, if the buyer have knowledge of the wrong, the property is not altered. 14 H. 8. fol. 9 by Brook, If I by fraud and Covin, cause one to take your Goods, and to sell them to me in an open Market, yet that shall not change the property, for that I am party to the Covin. At Northampton before the Lord Dyer, there was a Deed of gift of Goods shown, and in that it was expressed by words to the use of the Donee, and yet it was averred that it was by Covin. 44 Ed. 3. fol. ult. A Woman hath good cause to be endowed, and she procured J.S. to out the Tenant, and then she brought a Writ of Dower against J. S. and recovered, and had Execution; the Tenant may have an Assize against her, and recover. 22 Book of Ass. 1. Assize, The Tenant, hanging the Assize, enfeoffs another, or suffers another to enter, end recover by Formedon, by elder gift, this Covin shall not hurt the Plaintiff, but that he may recover. 38 Book of Assizes, Where one was outlawed of Felony, alleadges Imprisonment at the time of the Outlawry, and it was replied, that he was in Prison by his own Covin, and issue upon that. 41 Book of Assizes 2. A man hath right of Action, and makes one by Covin to enter upon him which is in by descent, and recovers, he shall be adjudged to be in as an Abator, and not by Title. Evidence. AND for that, that you have not many times Council in your Court Barons, and for that, that it is many times pleaded to the general Issue, where it ought not: It is now expedient to show, what matter may be given in evidence upon general Issue, and what not: And first where the Defendant pleads the general Issue, and shows in evidence, that the Plaintiff hath no such cause of Action as is brought, nor no cause of Action, this is good evidence upon general Issue. Action upon the Statute of (Parco fracto) not guilty, and evidence that he hath no Park, is good, 19 H. 6. fol. 7. Trespass in Warren, not guilty, and evidonce that he hath no Warren, is good, 10 H. 6. fol. 17. and 34 H. 6. fol. 7. Trespass by Warden of the Fleet, not guilty, and evidence that he is not Warden, is good, 4. Ed. 4. fol. 7. and 12 E. 4. fol. 7. Trespass of a House broken, not guilty, and evidence that the Plaintiff hath no House there, is good, 22 H. 6. fol. 7. Trespass, not guilty, and evidence that the place where the Trespass was done, is the freehold of another, and not of the Plaintiff, is good, 4 E. 4. fol. 5. Debt against a Vicar for holding Farms: He hath not against the form of the Statute, and evidence that he had, for maintenance of his House, it is good, 27 H. 8. fol. 25. Action upon the Case of finding his Goods, and converting them to the use of the Defendant, not guilty, and evidence that they were not the Goods of the Plaintiff, is good, 3 Mar. and 33 H. 8. Action upon the Case, 109. Otherwise it is in Trespass, 27 H. 8. fol. 25. Debt upon arrearages of account, he oweth him nothing in manner and form, and evidence, that there was no such account, is good, 2 H. 6. fol. 26. Debt upon arrearages of Rent upon a Lease for years, he owes him nothing, and evidence that he did not demise, is good, 7 H. 7. fol. 3. Debt upon sale of a Horse for forty shillings, the Defendant may plead he oweth him nothing in manner and form, and evidence that the sale was of two Horses for forty shillings, or that it was of an Ox for forty shillings, is good, 21 E. 4. fol. 26. and 9 E. 4. fol. 1. by Moyle. Waste, no waste made, and evidence that the House was burnt by the King's enemies, or by Thunder, or it was ruinous at the time of the Lease, is good: And so every thing that is no waste, for that proves that the Plaintiff hath no cause of Action, 12 H. 8. fol. 1. and 22 H. 6. fol. 56. In maintenance, not guilty, evidence that the thing that is done is no maintenance, is good. Action of extortion against the Sheriff, which pleads that he took not, and evidence, that by prescription he hath Barr fee of every one which he takes, and is good, for it is no extortion, 21 H. 7. fol. 17. 4 E. 4. fol. 5. Trespass, The Defendant pleads not guilty, and gives in evidence, that it is the Feeehold of another, and good, for then the Plaintiff hath no cause of Action. 2 H. 6. fol. 26. Debt upon arrearages of account, he owes him nothing in manner and form, and evidence that there was no such account, is good, for he hath no such cause of Action. 2 Mar. and 33 H. 8. tit. Action upon the Case, and Count upn finding the Goods, and converting them to his own use; the Defendant pleads not guilty, and gives in evidence that they were not the Goods of the Plainliffe, for he hath no cause of Action, 5 H. 7. fol. 3. the same, 10 H. 7. fol. 24. Cessavit, That he held divers Lands by entire service; he did not hold in manner and form, and gives in evidence, that he holds by several services, is good, for he hath no such cause of Action. 27 H. 8. fol. 25. Trespass of Goods carried away, the Defendant pleads that the property of the Goods was not in the Plaintiff, and that is no plea in Trespass, but in Replegiare: And some for that seem, that this is no good evidence in Trespass, upon a Plea of not guilty. 9 H. 7. fol. 3. Debt for Rent upon a Lease for years, that he oweth him nothing, and evidence that he did not demise, is good. Upon a general Issue, the Defendant by evidence to convey to himself interest and title, is good evidence. Trespass of Gashaukes taken, not guilty, and evidence that he had a Lease of a Wood for years, where they were taken, it is good, for it is a title, 16 E. 4. fol. 2. Trespass, The Defendant pleads his , and gives in evidence, a Fine with Proclamation, it is good, for it is a Title, 27 H. 8. fol. 27. Trespass, not guilty, and in evidence a Lease for years, is good, 12 H. 8. fol. 2. Account of receipt by the hands of J. S. the Defendant pleads he was never his Receiver, and evidence, J. S. gave that to him, is good, 2 H. 4. fol. 13. Action upon the case of finding Goods and converting them to his use, the Defendant pleads not guilty, and evidence that they were pawned to him for ten pounds, is good, 4 E. 6. Br: 113. Trespass, not guilty, the Defendant may give a Lease for years in evidence, contrary of a Lease at will, for this is determinable at pleasure, 25 Hen. 8. General Issue 82. Trespass of Goods taken, the Defendant may plead not guilty, and evidence that he recovered, and had them delivered in Execution, and is good, 22 Book of Assizes, 73. Trespass, not guilty, and evidence that the property was to J. S, which gave them to him, is good, 9 H. 6. fol. 11. Assize by a Woman, no wrong, and evidence that her Husband enfeoffed him, is good, 45 Book of Ass. 8. Defendant upon a general Issue, if by evidence he acknowledges that he did the wrong, and justifies it, and giveth matter which goes to discharge him of the act by Justification, this evidence is not good, but he ought to have pleaded that. Trespass, not guilty, and evidence that the property was to J.S. and that he, as servant, and by his commandment took them, it is not good, for he acknowledgeth by the evidence, that he made the trespass, and justifies that, 25 H. 8. General Issue, 81. Waste, No waste made is pleaded, and evidence that the Plaintiff let to him the House and Land by Deed, and granted to him by the same Deed, that he might cut Trees to repair that, it is no good evidence: The same Law in Debt, he owes him nothing, and evidence that the Plaintiff hath released that to him: The same Law in Trespass of Battery, not guilty, and evidence that he did that (in defending himself) it is not good: The same Law in maintenance, not guilty, and evidence lawful maintenance, it is not good, for these matters in evidence are justifications, which go in discharge of the party, and not by title, but by Justification, 12 Hen. 8. fol. 1. Trespass, not guilty, and evidence that he had a Close adjoining, that the Plaintiff ought to enclose, and for not enclosing they enter, it is not good, for it is contrary to (not guilty) and is a Justification, 19 H. 8. fol. 6. Trespass, not guilty, and evidence that it was the freehold of J. S. and that he licenced him to enter, by virtue of which he entered, it is not good, for it is Justification, 4 Ed. 4. fol. 5. Trespass of Battery (not guilty) and evidence that it was made in his defence, not good, 11 H. 4. fol. 63. 25 H. 8. Br: tit. General Issue, 81. In Assize or Trespass, if the Defendant pleads no wrong, or not guilty, he cannot by evidence entitle a stranger, and justify by his commandment: So for Common, Rend service, Rend charge, or justify by licence, these aught to be pleaded, and not given in evidence; contrary of a Lease for years. 34 H. 8. Title, General Issue, 89. Debt upon an Escape out of execution, Defendant cannot say that escaped not, and give in evidence that he was not arrested, for that is in Plea. 27 H. 8.21. By Fitzherbart and Shelley, in Debt upon the Statute of 21 H. 8. against a Vicar for taking Farms, the Defendant saith, that he neither had, nor kept to farm, against the form of the Statute; he may give evidence that he took that for maintenance of his House, by the Proviso in the Statute, notwithstanding ●awdwe● denied it. 20 H. 6. fol. 24. Debt upon arrearages of account, the Defendant saith, he oweth him nothing in manner and form, and gives in evidence that there was no such account, and by Newton it is good, and yet he might have pleaded no such account. 22 H. 6. fol. 56. Debt against Abbot for borrowing, he may account generally, that the ten pounds borrowed came to the use of the House, and give in evidence how, as in buying of Bread and Drink. Evidence which is contrary to that in Issue, or which is not answerable to the matter in Issue, is not good. NOthing passed by the Deed, and evidence that it is not his Deed, is not good, for it is contrary to the Issue, and to that which he acknowledged in his Plea by Implication, 5 H. 4. fol. 2. Mortdancester, The Tenant saith, that he is ready to hear the Recognition of the Assize, and in evidence that the Plaintiff is Bastard, it is not good, for it is contrary to this thing, admitted and employed, 22 Book of Ass. 3. Covenant, Issue was, If the Defendant had made an Estate sufficient to the Plaintiff of Higgens Close, or not, and evidence that it is not so much in value, it is not good, for it is not answerable to the matter in Issue, 27 H. 8. fol. 35. Trespass, The Defendant justifies for Common appendent, and gives in evidence that he hath Common by reaion of Neighbourhood, it is not good, for it is not answerable to the matter in Issue, 13 H. 7. fol. 13. 11 H. 4. fol. 63. Trespass of beating, not guilty, and evidence that it was in his defence, it is not good, for it is a matter of justification and contrarying. 7 Ed. 6. tit. 14. In Debt upon an Obligation made for Usury, If the Defendant plead (it is not his Deed) he cannot give in evidence that it was made for Usury, for it is contrarying. 5 Ed. 4. fol. 5. Debt upon obligation, for letting him to bail, and doth not name Sheriff, the Defendant gouht to plead that, and so not his Deed, but not generally (not his Deed) and give that in evidence for it is contrarying. 3 H. 7. f. 5. Where two are bound jointly and severally, and one Seal is broken, yet in Debt against the other or against him, he cannot plead (not his Deed) and give that in evidence, for it is contrary, but he may plead the special matter and conclude, so not his Deed. 5 H. 7. f. 2. If one plead nothing passed by the Deed, he cannot after give in evidence that it is not his Deed, for it is contrarying. 9 H. 7. fol. 3. Derinue, the Defendant saith, he doth not detain, and he cannot give in Evidence, that he hath that in pawn, for it is contrarying. Where the Evidence proves the effect and substance of the Issue, is good. THE Plaintiff Pleads a Lease simply, and gives in evidence a Lease upon condition, and for that, that the condition is performed, it is good, for the evidence proves the effect and substance of the Issue, and for that it is good, 14 H. 8. f. 20. 38 H. 6. f. 9 The Array was challenged, for that, that was made at the denominating of the Clerk of the Plaintiff. Evidence that it was made by the Bailiff of the Franchise at his denomination, is good. 44 Ed. 3. fol. 39 J.S. pleads a Feoffment made to him, and gives in evidence that there was a Fine which is a Feoffment of Record, and is good. 27 H. 8. fol. 29. Action upon the case by the Husband of an Assumpsit made to him, and given in evidence that it was made to his Wife, to which he agreed, and is good. 14 H. 8. fol. 18. False Imprisonment, If the Defendant justify by Warrant, if the Warrant were after the Arrest, the Plaintiff may say of his own wrong, without that, that he had any warrant, and may give this matter in Evidence. Foreign matter plead in Courtbaron. IF a Plaint be in the Courtbaron of a Debt or trespass, and foreign matter is pleaded there, it shall not be tried in Bench, though that this Court shall be out of the Jurisdiction, but it seems shall be tried in the County where the Courtbaron is, or the foreign matter is alleged to be done, 1 H. 5. f. 12. A man cannot remove a Plea out of Courtbaron into Bench, but in a Replegiare, and not in Debt or trespass, unless that the Damages are not to forty shillings, 14 H. 8 f. 17. by Fitzh. Note more before that. Fine. Where it shall be paid by Copyholder, that I have seen used, is as ensues. NOte, that it is commonly said, and the ground of paying Fines is, that a Fine is due to the Lord upon every alteration, and change of Tenant, that is to say, upon every admittance of every new Tenant, to the Lord by copy, as upon every alienation by surrender, and admittance upon that, and upon every descent and admittance upon that, also if a Copyholder surrender into the hands of the Lord to the use of divers and their Heirs, as to 2.3. or 4. and their Heirs, upon the admittance of them the Lord shall have but one Fine, for it is but one surrender and one admittance of a Tenant, and upon the death of the Survivor, and the admittance of his Heir, than an other Fine, so that the Fine is to be adjudged, due always upon admittance of Tenant and not without admittance. And for that if two be admitted and one dies, the other shall have his part by Survivor without new admittance, and shall not pay a Fine. Also where a Surrender is made to the use of a Husband and his Wife, and to the Heirs of the Husband, upon their admittance the Lord shall have but one Fine, for it is one surrender, and both are but one new Tenant, and after the death of the Husband and the Wife, upon admittance of the Heir of the Husband, the Lord shall have another Fine. Also where a surrender is made to one for life and after his death, the remainder to another, and the Heirs of his Body begotten, and for default of such Issue, remainder to a third and his Heirs; in this case admittance of the Tenant for life, vests the remainder in the others, and divers learned Stewards take but one Fine only of admittance of a Tenant for term of life, and nothing of those two in remainder, when the Remainder falls, but I have seen that every one in the remainder, when they come to the Land shall make Fine, though it be not the whole fine but a half, and every one is admitted when a remainder falls, but it need not, for by the admittance of the Tenant for life, the remainder is so vested that he in remainder need no other admittance, and they are but one Estate and one surrender, the same Law is where there is a surrender to one for life, the remainder to another and his Heirs, there shall be but one Fine. But than it is good, that both be admitted together according to the surrender, at the time of the surrender made. Also where one out of the Court by custom, surrenders into the hands of two Tenants to the use of himself for life, and after his death to the use of J.S. and his Heirs, and dies before the next Court, and then all this is presented at the next Court, he in the remainder shall be admitted, and pay but one Fine, for it is impossible to admit one which is dead, and by the act of God his Fine is gone, and now there is but one to be admitted, and upon one surrender, and one being to be Copyholder shall be paid but one Fine. Also where a Copyholder is admitted upon surrender he shall pay a Fine, but if it be so that he have common recovery in plaint, in nature of a Writ of entry in the (Post) upon his better assurance, and for to defeat an estate tail, those which recover have Seisin by command (by Habere facias Seisinam) and also they are in, in the (Post) and by the recovery, and for that no Fine shall be there paid to the Lord but one, for the recovery was also but for further assurance, and the surrender and all make but one Tenant by Copy, and so there is due but one Fine. Also where the custom is, that for every Cottage and for every House, the Lord shall have upon every alteration and admittance of Tenant, for one Fine three shillings, and there is a Cottage or a House is decayed, it is called a Home-stall, and by the custom also, for every Home-stall he shall pay for a Fine three shillings there, if the Tenant makes of one House two Houses or build a new House, he shall not pay a Fine for these new Houses, nor for two Houses, which before was but one, for the prescription doth not hold place, but for the old Houses. Also where the custom is, that for a Fine for a licence to let for years, the Tenant shall pay for every House, which the Tenant lets for every year that he hath licence, four pence, there if he make of one House divers Cottages, as of Barnes and Stables, divers Cottages there for licence to let his House, he shall pay but four pence for every year that he hath licence to let the whole, and not for divers Houses, for otherwise the prescription doth not hold place. Also if Tenant for life, and he in remainder or reversion, join in a surrender to one and to his Heirs, he to whose use the surrender is made, shall pay but one Fine, for it is but one admittance and not several, and one surrender and not several, and there is but one Tenant admitted, the same Law, where two joint-tenants, two Tenants in Common, or two Coparceners, surrender to one and his Heirs, shall be paid but one Fine. Also a woman is married a Virgin, she shall have all for her Dower by the custom, there it is used she shall pay a Fine, and it is reason, for that she is admitted, the same Law is where a Woman hath a third part by the custom for Dower, but it is used commonly within Manors, to pay but half a Fine, which is paid for Inheritance; but the custom of the Manor is to be considered in this case. If a Copyhold be surrendered upon condition, and the condition is broken, he which surrenders may re-enter without paying Fine or new admittance. Forfeiture of Copyhold. WHere a Copyholder of Inheritance according to the custom of the Manor, is outlawed in an action personal, as in Debt, or other Action personal, he shall not forfeit the profits of his Copyhold to the King, for that, that he hath but an Fstate at the Will of the Lord, and the is in the Lord, but where a copyholder is attaint of Felony or Treason, the Lord shall seize the Copyhold as forfeit to him, and not to the King, notwithstanding where one holds by Charter and is outlawed in Action personal, the King shall have the profits of that Land, 9 H. 6. fol. 20. But if he make a Feoffment after he is outlawed, than the Feoffee shall have the profits, 21 H. 7. fol. 7. accordingly: Yet it is otherwise as is aforesaid, where a copyholder is outlawed in a personal action. If one by an Indenture, bargain and sell all his Lands, Tenements, and Hereditaments, in D. and Inrol tha● accorcording to the Statute of 27 H. 8. C. 16. and hath in D. Lands held by Charter, and other Lands by copy, and after levy a Fine, and suffers recovery of that accordingly; yet the copyhold is not forfeit. The same Law if a copyholder hath so much Land in D. held by copy, and makes a Feoffment of all his Land in D. and makes no Livery, this is no forfeiture, for the Feoffee is but Tenant at will, the same Law is, if the copyholder let to one for life, and makes no Livery, it is no Forfeiture. The same Law is, if one enfeoff J.S. by Deed of all his Lands, Tenements, and Hereditaments, in D. and holds in D. part by Charter, and part by copyhold, and makes Livery of that held by Charter, these other Lands held by copy are not forfeit, but if he make Livery in any part held by copy, there is forfeiture of all his copyhold in D. expressed in the Deed. But if one hath in D. certain Lands in Socage by Charter, and certain other by copy, and devise all his Lands, Tenements, and Hereditaments, in D. this is no forfeiture of the copyhold there. It is said that a copyholder cannot alien by Deed, and for that some collect if A. let copyhold without Deed for years that, it is no forfeiture, Littleton fol. 15. Yet inquire. And Littleton fol. 45. is, Where Lord lets to his Villain by Deed for years, he is made free, and without Deed it seems he is not made free, and, 24. Ed. 3. in Villainage after, by Wilby without Deed is no enfranchisement by Lease. And so some say that a Lease by copyholder by Deed for years, is forfeiture, and where it is without Deed, proving the Lease, it is no forfeiture, yet inquire, but if it be not a perfect Lease by word for years, but by words of implication, and gives no Fine nor other consideration, and the copyholder gainsay that Lease, when it comes in question in the Lord's Court, this seems no forfeiture; also if a Stranger makes waste, as in cutting Trees growing upon the copyhold, where by the custom of the Manor, the copyholder cannot make waist, that is no forfeiture, the same Law is, where a copyholder by licence of his Lord, hath let for years to J.S. which makes waste, this is no forfeiture of copyhold of Inheritance, Also if one within the view of copyhold, saith to one, I will not out you, during your life, or within the copyhold, he saith, I am content that you shall have my copyhold Land for term of your life, or lets to him for life, without Deed, and without Livery upon the Deed, it is no forfeiture. Where one hath a Rentseck, if the Tenant upon demand, deny to pay it, or if the Tenant be not then ready to pay, this is a denying, which is Disseisin, but if the copyholder do not deny to pay his Rent upon demand, though he hath no Money ready to pay that, and so doth not pay that, is no forfeiture, Lit. 51. See, 42 Ed. 3. fol. 25. If a copyholder be in prison divers years, and by that means comes not to make suit at divers Courts, but is absent, yet this is no forfeiture of his copyhold, the same Law is, if his Rent be demanded upon the Land, and he is in prison in the Goal, this is no forfeiture; the same Law is, if he be hindered by infirmity, or by stop of Waters to come to the Lords Court, or to pay his Rent; it is no forfeiture. The same Law is, if he be much in Debt, and in fear to be arrested, or if one be bankrupt, and keep his House, and doth not come to the Lords Court, but makes divers defaults, these are no forfeitures of their copy-holds. But if he deny to come to the Court of the Lord, this is a forfeiture of his copyhold. But if the Lord claim a Fine, custom, or services, which is in doubt, whether due or not, and the Tenants pray the Lord that the Homagers may inquire if it be due or not, and saith, if it be found by the Homagers upon their Oath, that they are due, or if there can be Precedents showed, that it is due, he will pay it, this is no forfeiture of his copyhold. If twelve are assembled against the form of this Statute, then if any copyholder, being a Yeoman, Handy-crafts-man, Artificer, Husbandman, or labourer, and being of the age of eighteen years or more, and under forty years, not Impotent, Lame, Maimed, nor having reasonable excuse, and being required to serve the Queen, for any the causes in the Statute, and refuses, he shall forfeit his copyhold during his life, 1 Marie chap. 12. If a copyholder in Courtbaron will say to his Lord, that he extorts, and exacts Fines, and Services not due; or such unreverent words of his Lord, and they be false, that is finable, but no forfeiture. But if he deny to be Tenant to the Lord, and to be a Juror of the Homage, it is a forfeiture, but if a copyholder indict his Lord, or gives in evidence in an action against his Lord, or arrest him, or commence a Suit against his Lord in any Court of the Queens, these are not finable, nor no forfeiture. If Tenant in tail be of a copyhold, the remainder over in Fee, if the Tenant in tail be attaint of Felony, it seems that the Issue in tail shall have the Land, and not the Lord. If a copyholder make a Feoffment of his copyhold, and the Feoffee dies seized, and his Heirs levy a Fine of that, and five years pass, the Lord is barred to seize the Land by forfeiture, as it seems. Some Copyholder by the custom may make waste, and is no Forfeiture, and waste by some Copyholder is Forfeiture. LOpping of Trees by a copyholder is no forfeiture, but a copyholder cannot lop Trees, and burn that in the house upon other Land or Manor, nor sell the lops, unless by the custom he may make waist. If a Guardian in Socage of a copyhold make waste, the Infant shall not forfeit his copyhold, but only the Interest of the Wardship, but inquire. If Lessee for years of a Copyhold make waist, and inquire when he is Lessee for years by surrender, and when he is Lessee by the licence of the Lord, it is said, it is a forfeiture, but during the Term. J. S. Seized in fee of an Acre in D. by Charter, and of another by copy, and make a Feoffment and Livery in the Acre by Charter in name of them both, it is no forfeiture of the Acre by copy, but if he make Livery in the Acre by copy in name of both, the Acre by Charter passes and it is forfeiture of the Acre by copy. If a copyholder suffer a common recovery against him at the common Law, and after surrenders to the use of another which is admitted, and after one or two admittances pass upon surrender, yet after when the Lords takes notice of the forfeiture, he may well seize it, for that forfeiture, for that, that the copyhold was destroyed by the forfeiture. But otherwise it seems, if the forfeiture do not destroy the Copyhold, as if he make waste or break any custom, the Lord is barred by this admittance, as it seems. If a copyholder levy a Fine, and five years pass after Proclamation, this seems, bars the copyholder and his Heirs, but it seems doth not bar the Lord, but if a copyholder make a Feoffment and Livery of his copyhold, and after levy a Fine, and six years pass, now the Lord is barred. If two Joint Tenants by copy are, and one makes waste in all the Land, yet he shall forfeit but one part. If the Heir of a copyholder having notice of the death of his Ancestor, do not claim within the year and day, after the death of the Ancestor, and Proclamation made, he shall lose it for ever, but otherwise it is if he be beyond Sea, or within age, or a Woman having a Husband, it seems she shall not lose by not claiming. Tenant for life of a Manor is, and copyholder of that commits waste, and the Tenant for life dies, he in remainder may seize the Land for this waist, for that it is a forfeiture which runs with the Land. See before forfeiture, touched in the Title of copyholder. Formedon. In so much, that plaints are sued in nature of Formedon, for Copy-holds, something shall be said touching Formedon, and first let us see where a Formedon lies, and where not, and for that, that there are three manner of Formedons, that is, Form on in Discender, Remainder, and Reverter, in Fitzh. Nat. Brevium, and there declared how everyone lieth, much shall not be said, but what is in Fitzher. Natura brevium, touching the lying of a Formedon. FOrmedon in Discender lieth where the Donee in tail or free Marriage, aliens that Land so given in tail, or is disseised and dies, his Heir shall have a Formedon in Discender to recover these Lands so given in tail, Fitzh. f. 211. A. Where Tenant in tail aliens or is disseised, or if recovery be against him by default, after default, and he dies, his heir shall have a Formedon, for the heir shall not have other recovery of the possession of his Ancestor then by Formedon, but if he be outed of his own possession, as if he be seized, and be put out he shall have Assize, Natura brevium fol. 145. Formedon lies by the heir of a gift made before the Statute of Westm. 2. Where the Donee after the Statute aliens and dies, and yet the Statute is, (to gifts before made it shall not be extended) 12 H. 4. f. 9 Where there is a Tenant in Dower, or by the courtesy, the reversion to another in tail, if one intrude after the death of the Tenant in Dower or by the courtesy, he in reversion shall not have Intrusion but Formedon, Fitzh. 204. D. Woman Tenant in tail takes a Husband, which aliens, and after they are divorced, and after the Wife dies, the heir of the Wife shall not have (A cui in vita) but a Formedon, Fitzh. f. 204. K. If Tenant in tail lets for life, and the Tenant for life aliens in fee, the Tenant in tail shall have a (consimili casu) or a Formedon at his pleasure, Fitz. f. 207. D. Where land is given to one for life, the remainder to the Father in tail, if it were executed in the Father, and he Alien, the Issue may have a Formedon in Discender generally, or may have special Writ making mention, how it was given for life, the remainder to his Father in tail, and one or other is good, 44 Ed. 3. fol. 6. In conveyance of Degrees, ye need not name him Heir, but Son of him which was not seized, but it is a surer way to name him Son and Heir to every one, if he were seized or not, but he cannot omit any in his Writ which was seized. If the Demandant omit in Formedon, one which held the Estate, that is to say, who was seized, the Writ shall abate; otherwise it is in Scire facias, 4 Ed. 2. tit. 48. Formedon in Discender shall abate, for that he omitted one in the Writ which held an Estate, 44 Edw: 3. fol. 40. The Demandant in Formedon ought to make his descent, by all which held the Estate otherwise, the Writ shall abate, 46 Ed. 3. fol. 9 Though the Demandant be made heir to him which died in the life of his Father which was not seized, yet the Writ shall not abate, but is good, 48 Ed. 3. fol. 7. Where the Demandant in Formedon in Discender makes mention of any, and not of all, the Writ shall abate, 49 Ed. 3. fol. 20. Formedon, and the Register was showed, by which it was held that he ought to make him Son to every one, and Son and Heir to him which last held the Estate, but if he makes him Son and Heir to every one, that is more, and good notwithwanding that every one did not hold the Estate, 11 H. 6. fol. 25. The Writ is not the worse, though in the same it be mentioned that he is the heir of one, or that he should have scarce been heir to him if he had lived, if he be heir to him that last was seized, 11 H. 4. f. 70. The Demandant in Formedon ought to name him Son and Heir to him that was seized; But if one survive his father, and were not seized, he need not name himself heir, but son only; but it is a sure way to name him son and heir, or cousin and heir to every one, Fitzh. fol. 212. F. Formedon abate, for that he made himself cousin and heir to the Donee, where his father was seized after the death of the Donee, and no mention was made of him, 10 Edw. 3. tit. 41. Esplees shall be alleged in Formedon in reverter, in the Donor, and in the Donee, and in formedon in descender and remainder, in the Donee only. Formedon in reverter, It behoveth to lay the Esplees in his Count in the Donor and Donee, but in formedon in descender and remainder in the Donee only, 50 Ed. 3. fol. 1. Fitzh. fol. 220. Formedon in remainder, he allegeth Esplees in the Tenant for life, and not in the Donor, and in formedon in reverter, in the Donor and Donee, 9 H. 6. fol. 53. 11 Ed. 3. tit. 31. the same, and 18 Ed. 2. tit. 20. Formedon in remainder, he counts upon the matter without laying the Esplees in the Donor, and it is good, 27 Ed. 3. tit. 36. Of what things Formedon lieth, and of what not. Formedon lieth of Gorse, but not of an Advowson, Fitzh. fol. 217. B. It lies of pasture for 10 beasts, and not of common, but a Writ called quod permittat, Fitzh. 212. B. Formedon lieth of Common in gross. Inquire of 15. Ed. 3. Statham fol. 95. It lies of a Corody; that is to say, of Rent, and certain breads, by the opinion of the Court, 18 Ed. 3. Statham, 10 book of Assize, fol. 11. Nuper obiit, was maintained of a Corody. Ward. For that that in the second Article is inquired, if Tenant of the Lord dies, if his Heir shall be in ward or not, and for that let us see where the Lord shall have the Ward of the heir of his Tenant within age, which holds of him by Knight's service, and where not. ANd note where the Heir of Lands held by Knight's service, shall be said in by descent, to be in Ward, and where not: If the father devices his Land held in Knight's service to his Son and Heir in fee and dies, high Heir within age, he shall be adjudged in by descent, and shall be in Ward; But if it were devised to his Son and Heir, and to the Heirs of his body, the remainder to another in fee; and dies the Son within age, he shall not be in Ward, for he is in as purchasor, 3 H. 6. fol. 47. Where the Heir recovers Land held in Knight-service, in formedon in discendor, he shall be adjudged in by descent, and if he were within age shall be in ward, 2 R. 3. fol. 14. and 11 H. 7. fol. 12. Inquire, if he recover in Dum non fuit compos mentis. See Fitzh. fol. 114. If the Heir enter for the condition broken, in lands held by Knight's service, he shall be adjudged in by descent, and shall be in ward, if he be within age when he enters, 11 H. 7. f. 12. 7 H. 4. f. 13. and 6 H. 4. f. the same. If the Father and the Son purchase land held by Knight's service, to them, and to the heirs of the father, and the father dies, though the son within age, he shall not be said in by descent to be in ward, 43 Ed. 3. fol. 36. But by 32 H. 8. ch. 1. If they be held of the King by Knight's service, the King shall have the ward of them. Where two or more hold jointly lands held of the King by Knight's service, to them and to the heirs of one of them, and he which hath the Inheritance dies, his heir within age, the King shall have the ward of the body of the infant, though that the other which hath the be alive. See the Stat. of Wills 32 H. 8. chap. 1. If an Infant in the life of his Father be made Knight, Rastall, Wills 23. and his Father dies, he shall be in ward; but otherwise it is where an Infant in ward is made a Knight, there he shall be out of ward, 2 Ed. 6. Tit. Ward 42. Magna Charta, chap. 3. Where Reversion descends to the Issue within age, he shall be in ward; but where he hath a remainder by purchase, is otherwise; and where he in remainder dies, his heir within age shall be in ward, Stamf. fol. 6. and 7. the same. See the Comment. 35 H. 8. tit. 119. A person twice in ward, where a woman was young with child, as a man dies seized of land held in Knight's service, his brother and heir within age, the Lord seizes the Ward, the wife of the Tenant being young with child with a Son, and after the wife is delivered, the brother is out of Ward, But if the Infant die, the brother yet within age, there the brother shall be in Ward again; the same law where a Daughter is in Ward, and after the Son is born. 28 H. 8. 'tis Ward 86. If the King hath an Heir in ward which is a woman, and she marry to one before she be of the age of 14 years, there she shall be in ward but to the age of 14 years, and then may sue Livery; for the two years to make 16 years, are not given but to tender marriage, and for that she shall be out of ward at 14 years. The husband seized in fee of Lands held in Knight's service, enfeoffs divers at this day to the use of himself and his Wife, and the heirs of their two bodies begotten, and for default of such Issue, to the use of the right heirs of the Husband, and the Husband and the Wife have Issue within age, and the Husband dies, though the Wife live and hath the Land, the Issue shall be in Ward of the body, as it is said: The same Law, where a man seized in Fee of Lands held by Knight's service, makes a gift in tail to J. S. the remainder to his right heirs, and dies, his Issue within age, he shall be in ward of the body, though Tenant in tail have the Land. If a Reversion of an Estate for life, or for years, be in my Father, and that descends to me, I shall be in ward, but otherwise it is of a Remainder; but if a Remainder of an Estate for life be in my Father, and that descends to me, and after Tenant for life dies, I shall be in ward, 11 H. 7. fol. 19 33 H. 6. fol. 6. 8 Edw. 3. tit. 23. and 33 Edw. 3. tit. 8. By Choke, If Infant be Tenant for life, and the Reversion descends to him, he shall not be in Ward, 9 Ed. 4. fol. 19 Where an Estate is to an Husband and his Wife, and to the heirs of the body of the Husband, the remainder to the right heirs of the Husband, the Husband hath Issue within age and dies, the Wife is▪ Tenant to the Lord, and for that the Issue shall not be in ward. And if Lands be let to one for life, the remainder to the right heirs of J. S. the same J.S. dies, and Tenant for life dies, T. S. being right heir of J. S. and within age, shall not be in ward, for he is a purchasor, 15 Ed. 4. fol. 10. Tenant for life, the remainder to another in tail, he in remainder dies, his Issue within age, the Issue shall be in Ward, if Tenant for life be dead, 33 H. 6. fol. 6. Tenant for life, the remainder in Fee, dies, his heir shall not be in Ward, for Tenant for life is Tenant. Lord and Tenant, the Tenant is disseised and dies, his Issue within age, he shall be in Ward, Fitzh. fol. 142. B. C. D. Stamf. fol. 8. the same. 3 H. 4. fol. 16. the same. Littleton, fol. 87. the same. Lord and Tenant, the Tenant hath a Daughter within age, being his heir, and he marries that Daughter to a Husband of full age, and dies, the Lord shall not have Ward of the body; but if he marry his Daughter to a Husband within age, she shall be in Ward, Natura brevium, fol. 98. Tenant for life, the remainder in tail to the Husband and his Wife, the remainder to the right Heirs of the Husband; the Husband and the Wife die, his heir within age, living the Tenant for life, the heir shall not be in ward, Fitzh. 143. A. A man makes a Feoffment before the Statute of Uses, to the use of himself for life, the remainder to W.S. in tail, the remainder to the right Heirs of the Feoffor, the Feoffor dyes; and W.S. dies without Issue, the right heir of the Feoffor being within age shall be in ward, for he is in by descent, for the Fee was not out of the Feoffor: But where one makes a Feoffment in Fee, upon condition, to reinfeoff him, and the Feoffee gives to the Feoffor for life, the remainder to another in tail, the remainder to the right heirs of the Feoffor, and the Feoffor dyes, and he in remainder in tail also dies without Issue, the heir of the Feoffor within age, he shall not be in ward, 32 H. 8. tit. Ward, 93. Estate is made to one for life, the remainder to the Husband and Wife in tail, the remainder to the right heirs of the Tenant for life; the Husband and the Wife have Issue a Son, which hath Issue two Daughters, and after the Son and the Wife dies, and after the Son dies, and after the Tenant for life dies, the two Daughters within age shall be in Ward, 28 Ed. 3. tit. 48. Marlebridge, chap. 6. Gives the Lord remedy, where his Tenant aliens by Collusion, to defraud the Lord. Marlebridge, chap. 16. Gives Mortdancester for the heir in Ward against the Lord, unless he may have his Land at full age. Prerog. chap. 6. If a Woman before the death of her Ancestors which holds of the King in chief, before the years of marriage, be married, than the King shall have the Custody of her body, till the age that she may consent, and then let her choose, etc. If an Infant be married before the years of marriage, in the life of her Father, and the Father dies, and the Wife dies, before the days of marriage of an Infant, yet the Infant shall be in Ward, and shall be married again by the Lord, Stamf. fol. 27. 5 Mar. tit. Ward, 124. it is held, That marriage is as nothing, for she may marry another, without Divorce, within the years of marriage. A gift is made to one in tail, the remainder to the right heirs of J. S. which was dead, T. S. hath that as right heir; but if he be within age, he shall not be in Ward, for he is in as purchasor, 12 Ed. 4. fol. 2. 7 H. 4. fol. 5. 11 H. 4. fol. 72. & 15 Ed. 4. fol. 13. the same. A Woman of the age of fifteen years, at the time of the death of her Ancestor, shall not be in Ward, for the Lord shall not have Ward there till sixteen, 35 H. 6. fol. 48. & 28 H. 8. tit. 86. If the King hath a woman in Ward, and she marry before fourteen, she shall be in Ward but to fourteen, for the two years are given to tender marriage, and she is married: See Westminst. 1. chap. 22. Merton, chap. 6. Gives ravishment of Ward and double value: And Merton, chap. 7. gives the value of the marriage, West. 2. chap. 12. Magna Charta, chap. 6. The heirs shall be married without disparagement. Merton, chap. 7. Of Lords which marry those that they have in their custody, to Villains or others, as Burghers, where they are disparaged: If such an heir were within fourteen years, and of such years that she cannot consent to the marriage, then if the Parents complain of that Lord, the Lord shall lose the custody, till the age of the heir, etc. But if she were of fourteen years and more, and agreed to such marriage, no punishment follows, Littleton 21. See what are disparagements, and what not. Now let us see where your Lord shall lose the ward, for that that he holds part in chief, and what he shall lose by that. THe Lord the King shall have the Custody of all the Lands of those, which of him hold in chief, by Knight's service, of which the said Tenants were seized in their Demesne as of Fee, the day that they died, of whomsoever they held, by the like services, etc. Prerogative, chap. 1. If any hold of Us by Fee farm, or by Socage, or Burgages, and of another holds Land by Knight's service, We shall not have the custody of the Heir, nor of the Land which is of another's Fee, by the reason of Fee farm, or Socage, or Burgages, Magna Charta, chap. 27. 11 H. 7. fol. 18. If one hold of the King in chief, and dies, his heir within age, and hath Lands descended from another Ancestor, the King shall not have the Lands in Ward which descended from another Ancestor: And it seems if a Remainder be in my Father, and that descends to me, I shall be in Ward of the body, living the Tenant for life, otherwise it is of a Reversion, for Reversion is a Tenement and held; but if a Reversion descend, and the Tenant for life living, I shall not be in Ward; but if he die first, otherwise it is: And if my Father die seized of a Remainder, and the Tenant for life after die seized, during the time that I am within age, I shall be in Ward. 32 H. 8. tit. Ward. 97. Where a man holds certain Land of the King in Socage in chief, the King shall not have Livery of more than of the Land in Socage: The same Law where he holds in Knight's service of the King, Rastall, Ward 13. and not in chief, the King shall not have more in Ward, but only that which is held of him immediately. If one hold of the King in chief, the King shall have all his Land in Ward, as well held of him as of others: But otherwise it is, if he hold of the King, only by Knight's Service, Stam. fol. 6. Though that the Tenant of the King be in possession of Lands held of others, the King shall have them in ward by his Prerogative, Stamford fol. 7. Where the Tenant of the King doth not hold of the King in chief, the King shall not have the ward of Lands held of other Lords, Stamford, fol. 10. Grandfather, Father, and Son Infant, the Grandfather is seized of a Manor held of J.S. and the Father of another Manor held of the King, in chief, the Father dies, the King shall have the ward of that Manor, and after the Grandfather dies, the King shall not have the Ward of his Manor; the Statute of Prerog. is, That the King shall have the custody of all the Lands, etc. of which the Tenants themselves were seized of in fee, the day that they died, and for that, that the Father was not seized of that, the King shall not have it in ward, 15 Ed. 4. f. 10. If any hold of the King in fee Farm, Socage, or Burgages, and holds also of another in Knight's Service, the King shall not have the Lands, held of another in Ward, by reason of those, Magna Charta, chap. 17. Where a man holds certain Lands of the King, Rastall, Ward 3. in Socage in chief, of these he shall not have Livery of more than the Land in Socage, 32 H. 8. Tit. 97. Also where one holds of the King by Knight's Service, and not in chief, the King shall not have more in ward, but that only which is held of him immediately, during the time that the Lands are seized in the King's hands in Ward; otherwise Lords shall lose their Rents, that is to say, that they cannot distrain during that time, Stam. f. 9 Where one holds part of his Land of the King in chief, and part of another Lord, and dies, his heir within age, and the King seizes the Ward of all, it seems that the Rent of another Lord, and Service is but suspended, for the time that it is in the hands of the King, 26 H. 8. fol. 9 The Signiory of another Lord, in the case next before is suspended, but from the distress, during the possession of the King, 13 H. 7. f. 15. If a man holds part of the King, and part of another Lord, and dies his Heir within age, which intrudes at his full age, and pays the Rent to the other Lord, this is a good Seisin, and shall bind him after he hath sued his Livery, for the Signiory was not suspended by the possession of the King, but only the distress, for after Livery the other Lord may distrain for the Arrearages due before, see now, 34 H. 8. Tit. Seisin 48.2 Ed. 6. chap. 8. That the Lords shall have their Rents during the minority, at the hands of the King's Officers. 26 H. 8. Tit. ward 85. If the King's Tenant alien in fee without licence, and dies, his Heir within age, the King shall not have ward, for that, that there is nothing descended to him, for the alienation is good; saving the trespass to the King, which is but Fine by Seisor. 1 H. 7. f. 5. If the Heir intrude upon the possession of the King, and levy a Fine; this is void by the Statute of Prerog. chap. 13. Which is where one intrudes, there ariseth unto him no , but if the Heir levy Fine without intrusion that shall bind him and his Heirs. Time of H. 8. Tit. alienation 22. Tenant of the King in chief cannot alien for term of life without licence, for he altars the . Magna charta, chap. 4. If a Guardian by the Kings Grant, makes destruction or waste, he shall lose his Guardianship, etc. Magna charta, chap. 5. The Guardian shall keep up the Houses, Parks, Warrens, Stanks, Mills, etc. West. 1. chap. 11. Where a Tenant lets for years and dies, the Lord by Knight's Service in time past might have outed a Farmor, during the Nonage; but it is not so at this day. IF the Tenant let for years and dies, his Heir within age, the Guardian shall out the Farmor, yet he shall have Covenant against the Heir at his full age, for this Term which the Guardian hath during his Nonage, 34 Ed. 1. Title 120 Guardian may out the Farmor, and yet at full age the Lessee shall have his Term again, Britton fol. 163 It is held that a Guardian may out the Farmor for years, but not the Farmor for life, 5 H. 7. f. 37. Fitzh. f. 142. C. the same, 33 H. 6. f. 47. the same, and 14 H. 7. fol. 24. Guardian cannot out Tenant by Elegit, but he may out the Farmor, Statham, 1 Ed. 3. Tit. 13. 1 Ed. 3. fol. 103 by Shared. A Guardian may out the Farmor, and so may out him which hath execution by a Statute Merchant, inquire of Tenant by Elegit, 33 H. 6. fol. 47. and 36 Ed. 3. Tit. That Guardian may out Tenant by Statute Merchant. Guardian in Knight's Service cannot out the Termor, 36 H. 8 Lease 58. 35 H. 8. Tit. 85. the same. It is granted by all the justices, that the King shall not out the Farmor of his Tenant, by reason that the heir of his Tenant is in ward, nor he which hath execution upon the Statute, nor Rent charge granted by his Tenant, nor grant of next Advowson, Time of, H. 8. Tit. Ward 44. Now if the Term be not found in the Office for the King, yet the Farmor shall enjoy his Term, 2 Ed. 6. chap. 8. Where there is Lord and Tenant, Rastall, Escheat, 15. and the Tenant grants a Rend charge and dies; his Issue within age, the Lord being Guardian, shall hold this Land charged, 3 Book of Ass. 1. Seisin. Seisin of the Guardians vests in the Heir, and Chattel in the Guardian, and Seisin of the Lord of parcel sufficeth to have ward, but not to avow for all, and see what Seisin is material. WHere by Office one is found in ward to the King, that settles the profits in the King, and the Freehold in the Heir, 1 H. 7. fol. 6. and 42 Ed. 3. f. 4. Seisin of the Ward, is Seisin of the Son within age; so that if he die without other Seisin, the Daughter of the half blood shall not have this Land, 8 Book of Assizes 6. Possession of the Guardian is possession of the Heir, for if the Guardian be outed, the Heir shall have Assize without other Seisin, 2 Ed. 4. f. 5. Though the be in him which is in ward, yet if he (being in Ward) cut the Trees of his Land in Ward; the Lord may have trespass against him, 5 H. 4. fol. 2. If the Tenant holds by Homage, Fealty, and Rent, and the Lord hath been seized of the Rent, but not of the Homage within memory; yet this sufficeth to have the ward, 6 Ed. 6. Tit. Ward 122. If the Tenant hold by Rent and Knight's Service, and the Lord and his Ancestors have been always seized of the Rent, but not of the Homage, Escuage, not of the ward, yet if the ward fall: The Lord shall have the Ward of the Heir by Seisin of the Rent, for the Seifin is not traversable, notwithstanding, otherwise it seems to make avowry, 7 Ed. 6. tit. 69. 13 H. 4. Seisin of Homage without Escuage is sufficient to have relief for avowry. 22 Ed. 3. Tit. 90. Tenure B. By the Seisin of Escuage, the Lord may distrain and make Avowrie for Homage. 27 H. 8. fol. 25. avowry for Fealty and Rent, and Issue upon the Tenure, Seisin of the Rent is not good evidence, nor Seisin of Suit of Court, for it is another thing that the avowry is made for. 44 Ed. 3. f. 11. Seisin of Fealty is not iufficient Seisin to have Assize of Rent, but sufficient Seisin to make avowry for all, 45 Ed. 3. fol. 23. the same Seisin of Escuage nor relief, shall not be traversed, and for that where one avows for Homage, Fealty, Relief, and Escuage, it is no Plea that he was not seized of Escuage, nor of relief, for paradventure Escuage is not assessed by Parliament within memory, 13 H. 4. f. 6. Where one holds by Fealty and Rent, If the Lord were seized of the Rent, it is sufficient to avow for all, see 29 Ed. 3. fol. 31. and 27. H. 8. f. 24. But the Issue was upon the Tenure. Where one holds by Fealty and Rent, Seisin of Fealty is sufficient to avow for all, 45 Ed. 3. f. 28. & 44 Ed. 3. f. 10. See, 27 H. 8. f. 24. Seifin of parcel of Rent is sufficient to have Assize of all, 8 Book of Ass. 4. But if one hold by Fealty and Rent, Seisin of Fealty is not sufficient to have an Assize of Rent, Nat. Bre. fol. 109. If one hold by Fealty, and Rent, Seisin of Fealty is not sufficient to have an Assize of Rent, Abridg. Book of Ass. fol. 16. Seisin of Rent by the Predecessor of a Parson, etc. Of a corporation, if it be gainfaid to the Successor, it is sufficient to have an Assize of this Seisin, Fitzh. fol. 179. C.F. Seisin of Fealty is not sufficient to have Assize of Rent, 20 H. 3. Tit. avowry 433. Where one holds by Fealty, and ten shillings Seisin of parcel of the Rent sufficeth to have Assize for all. Inquire time of Ed. 1. Tit. avowry 229. One may avow for relief, without alleging any Seisin of it, 20 Ed. 3. Title. One may have Escheat and Ward before that he be seized of the Services, 11 H. 4. f. 16. Where one avows for that, that the Plaintiff hath common in his Land, and hath used to pay to him ten shillings, and hath used to distrain for that, it is not good without alleging Seisin of that Rent, 26 H. 8. fol. 6. Homage and Fealty. And for that, that the third Article of the charge is to inquire of Services withdrawn, and for that, that some Tenants make Homage and Fealty, and some Fealty only, you ought to see the form in Master Littleton, fol. 18. and 19 Of making of one and of another, and what shall be one and what the other, and that none shall make Homage nor take Homage, but such a one which hath an Estate; in Fee simple or in Fee tail, in his own right or in right of another, and if a Woman having Lands in Fee, or in tail; takes a Husband and have Issue. The Husband in the Life of his Wife shall make Homage, but before Issue it shall be made in both their names, and if the Wife die the Husband shall not make Homage. HOmage shall not be made to Tenant in Dower, for it shall be made to none, if he hath not Inheritance, 22 Ed. 3. f. 19 7 H 4. fol. 21. He which holds by Knight's Service shall make Homage. Litt. fol. 22. He that holds by Socage may hold by Homage, and shall make Homage. One cannot avow upon a Husband and a Wife, as of right of the Wife for Homage, unless that the Husband hath Issue by the Wife, but if he avow upon them, it need not be alleged, but it shall be intended that they have Issue, see 44 Ed. 3. fol. 41. and 43 Ed. 3. fol. 13. Corporation cannot make Homage, for corporation cannot appear but by Attorney, 33 H. 8. Title Fealty 15. Bishop or Abbot may take Homage, contrary of Parson of a Church, Time of Ed. 1. Tit. Fealty 12. In a (Perque servitia) an Infant was constrained to attorn, and to make Fealty, notwithstanding his nonage, 20 Ed 3. Tit. 19 Tenant for years shall make Fealty to his Lessor, Lit. fol. 29. D. 9 H. 6. fol. 43. and 5 H. 7. fol. 11. accordingly, where a Rent is reserved. By all the Justices, that Tenant for years shall not make Fealty, for it is (as I believe) to be intended not to the Lord, but to the Lessor, 10 H. 6. f. 13. It seems that a Lessor may avow upon a Lessee for years as within his Fee, by the Manor, and for that shall make Fealty to his Lessor, and may avow for that, 40. Ed. 3. fol. 34. If Rent of a Lessee for years be behind, the Lessor cannot avow upon the Termor, as of Tenant upon the Land, but upon the matter, 47 Ed. 3. fol. the last. 24 H. 8. Tit. Fealty 8. In the Exchequer held, that if Lands descends to me which is held of J.S. by Homage, and I make to him Homage, and after other Land descends to me by another Ancestor held of J.S. also by Homage I shall make Fealty, but not Homage again, for I am become his man before, the same Law is, if both the Tenements are held of the King by Homage, he shall not have two Homages but one Homage only, Lit. f. 29 Tenant at will by the common Law shall not make Fealty to the Lessor, but Tenant by copy at will according to the custom of the Manor shall make Fealty to his Lord, Lit. in the end of the first book and f. 29. and 10 H. 6. f. 13. accordingly. If there be Lord and Tenant and the Tenant holds three Acres of the Lord by Fealty and Rent, and aliens all the three Acres, the Lord is not held to change his avowry without notice, and to avow upon the Feoffee, for Fealty and Rent: But if he will he may; the same Law, if he alien but one Acre, not that the Statute of Westminster the third is, that he shall hold for that particular, yet this is upon notice, 8 Ed. 4. fol. 12. and 47. Ed. 3. fol. 4. If the Tenant make a Feoffment, and there is no notice made to the Lord; and the Tenant dies, the Lord may distrain the Issue, for Fealty and Rent, and avow upon him, for it sufficeth that he dies Tenant, though he doth not die seized of the Land, 44 Ed. 3. fol. 13. If the Tenant be disseised and the Disseisor dyeth seized, the Lord there cannot distrain the Tenant for Fealty, but the Issue of the Disseisee, 32 H. 6. fol. 31. and 34 H. 6. fol. 51. If the Tenant hold by Fealty and Rent, if the Tenant make a Feoffment in Fee, the Lord may distrain the Beasts of the Feoffee for Fealty and Rent: And make avowrie upon the Feoffor till notice be given, and after notice given he shall avow upon the Feoffee, if he tender the arrearages, otherwise not, for by the Feoffment and notice he shall not lose the arrearages, but may distrain as above, and avow upon the Feoffor for the arrearages. But I intent if the Lord accept Fealty of the Feoffee he hath lost the arrearages, 47 Ed. 3. f. 4. Note that by the Statute of, 21. H. 8. chap. 9 One may avow the taking in the Land if he will, as within his Fee and Lordship, as in Lands held of him; without avowing or justiffing of any person certain. Where one in ward of the King holds of a common person also by Homage or Fealty, the Lord cannot distrain for Homage, or Fealty; during the time that it is in the King's hand, and yet the Signiory is not suspended but only from distress, so that after he may distrain, 13 H. 7. fol. 16. If Tenant in tail which holds by Fealty makes a feoffment, yet the Donor cannot avow upon the Feoffee for Fealty, but if one recover against a Tenant in tail, the Donor ought to avow upon him, which recovers for the Fealty, and if there be Lord and Tenant, and the Tenant were disseised, and the Lord accepts the Rent of the disseisor, yet that shall be but as a Bailiff to the Disseisee, and aught to avow upon the Disseis. otherwise I suppose of Fealty, 41 Ed. 3. f. 26. If there be Lord and Tenant by Homage and Fealty, and the Tenant be disseised, and the Lord accept Homage of the Disseisor, he cannot avow for Homage upon the Disseisee, Fitzh. 142. E. Hariot. For that, that divers Lords of Manors have Hariots, and these are to be inquired for the Lord in Courtbaron, in the second Article of Charge. It is to be noted that there are two manner of Hariots, that is to say, Hariot custom, and Hariot service, and for that Hariot custom is properly as it seems, after the death of the Tenant for life and for years, and of every Estate, and also is upon altenation. IT is properly Hariot custom after the death of the Tenant for life, 8 H. 7. fol. 11. To have a Hariot after the Death of every Tenant, that is to say, for life and for years, is a Hariot custom, 21 H. 7. f. 16. & f. 13. the same. To have a Hariot after the death of the Tenant for life is Hariot custom, for Hariot service is after the death of the Tenant in Fee, 21 H. 7. Tit. 5. Br. Custom that every Tenant of every Estate ought to pay Hariot after his death, is Hariot custom, 14 H. 4. f. 5. Where the Lord is to have Hariot upon every surrender, or upon every alienation, is Hariot custom, 3 H. 6. Tit. 8. b. Note that a Hariot custom may be due after death or alienation, as the custom will serve. It seems Hariot service is properly after the Death of Tenant in fee upon descent, and not upon every Estate, as before is said. HAriot service is by reason of the Tenure, 8 H. 7. fol. 20. Hariot service is by the Tenure and if the Tenant alien the Land without notice, yet the Lord may distrain upon the Land for the Hariot, for it is by reason of the Tenure, and the Land is charged, 8 H. 7. f. 10. B. 6. that is by prescription. Hariot service is after the death of the Tenant in fee, and not of every Estate, 21 H. 7. f. 13. B. 5. You shall see more for payment of Hariot service, title descent before, and title relief after. Where a Ha●iot is certain, the Lord may seize that as Hariot custom, and note that for Hariot service, he may distrain, it seems where it is certain to have the best Beast, that he may seize. THE Lord may seize as well for Hariot service, where he is to have the best Beast, as for Hariot custom. But it is said in another place, that for Hariot custom he shall always seize, and not distrain, for the property is in the Lord forthwith, 38 Ed. 3. fol. 7. Br: 2. For Hariot custom the Lord may seize, and if it be conveyed away he shall have a (Detinue) and for Hariot service, if it be conveyed away he may distrain, time of, H. 8. Br. 6. Doctor and Student f. 65. The Lord hath property in Hariot custom, and may seize that; and for Hariot service he may distrain and not seize, 8 H. 7. f. 10. Br. 7. He cannot prescribe to distrain for Hariot custom, though that it be conveyed away, for that, that he may have a, Detinue, for the Law adjudges possession in him, 13 Ed. 3. Br: 9 It is adjudged that the Lord may seize Hariot service as well as Hariot custom, See Plowdens Commentaries, fol. 96. between Woodland and others, and 16 H. 7. f. 5. It seems where the Lord prescribes to have the best, he may seize for that, that it is certain, 6 Ed. 3. Tit. but inquire. Who shall pay Hariot, and who not, and when it shall be paid, and what remedy upon putting it away. ISsue in avowry, if he die his Tenant, for the Lord shall have Hariot, though that the Tenant do not die scised, for it is sufficient if he died his Tenant, though that he did not die seized, 44 Ed. 3. fol. 13. Br: 1. and 7 H. 4. fol. 17. The Husband and Wife, and their Son purchase lands jointly hariotable, and the Husband dies, the Lord shall not have a Hariot till after the death of the last of them, 24 Ed. 3. fol. 50. Br. 4. and Fitzh. 3. 25 Ed. 3.7. and 19 R. 2. tit. Hariot 5. Where a man dies seized of two Houses hariotable, the Tenant shall pay two Hariots, and note there the prescription that a Parson shall have the best Mortuary, and the Lord the second best, and if the Lord shall have the second best, was the Issue taken, 7 H. 6. fol. 26. Br. 3. Beasts which are remaining within the Fee of the Lord, if they be removed out of the Lordship, the Lord may take them for Hariot, where he is to have Hariot after the death of every Tenant, 27 Book of Ass. 24. If my Tenant which holds of me by a Hariot, aliens parcel of his land to another, every one of them shall pay Hariot, for that, that it is entire, 34 Ed. 3. Fitzh. 3. After the death of a Prior, Hariot shall not be paid, for that he hath no property in the Beasts, 32 Ed. 2. Fitzh. 7. If a Husband, Wife, and their Son, are seized for their lives, the remainder to their said Son in tail, after the death of the Husband the Lord shall not have a Hariot, for he was not sole seized, 24 Ed. 3. Tit. 3.19 R. 2. Tit. 5. The same: for it is said there, that if one do not die sole Tenant, there shall be no hariot paid, Recordare longum, If the Lord purchase the Tenancy held by hariot service, than the hariot is extinct, by the unity of possession, for that, that it is service annexed to the Land, but I intent that it is otherwise of hariot custom, where the Lord grants over the land, 14 H. 4. f. 8. and 8 H. 7.11. Note that hariot is due immediately after the death of the Tenant. Trespass, the Defendant as Lord may justify taking of hariot within his Fee, or if the taking were out, it is good, and the conveying it out is to no purpose, but that the Lord may seize hariot out of his Lordship, for it is not in case of the Statute, where the Lord distrains within his fee for his services, 19 R. 2. Fitzh. 5. The Lord may seize Hariot (which is the best Beast that his Tenant hath, which held of him by hariot) though they be in some place out of his Manor, for that, that it is certain, 6 Ed. 3. Fitzh. 4. If one which holds by hariot service, to pay the best Beast dies, and hath a Cow at the time of his death which is the best; though that the Executors sell that, the Lord may seize that in the hands of him to whom she is sold, if the Sale be not in an open Market, and not there, if without fraud, 16 Ed. 3. Fitzh. 2. By the custom of some Manor, and of most Manors; the Lord shall have only one hariot, upon the dying seized of his copyholder, and descent, and not upon every surrender. But by the custom of some Manor, hariot is due upon every surrender for life in tail, or in Fee, as well as upon descent and that in nature of a hariot custom at the Common Law, and by the custom of divers Manors, the Lord hath no hariot of some of his Tenants within the Manor and of some he hath. The Lord may seize for hariot custom, the hariot, and is to seize that of the Goods of the dead, and for hariot service to distrain upon the land. If a Copyholder of Inheritance of lands hariotable, lying in extremity, upon his bed, surrender into the hands of two Tenants to the use of his eldest Son in Fee, and dies before that surrender be presented in the Court, the Lord shall have hariot, but if this surrender had been presented in Court, and the eldest Son had been a●●●ted accordingly, and after the Father had died, there the Lord shall have no hariot unless it be hariot custom due to him only by custom, upon every alteration, and exchange of Tenant for life and in Fee. The same Law is, if the Father copyholder of Land hariotable, surrencer in the Lord's Court to the use of himself for life, of the Son of his Daughter for life, and after to the use of the Son of his Daughter, and to the Heirs of the Son, and they are admitted accordingly, and after the Father dies, the Lord shall not have hariot unless it be hariot by custom, due upon every Estate for life, in tail and fee, upon every surrender which is due by the custom, but in this case if the hariot were due by the death of his Tenants and descends to the heir only, than the Lord shall not have the hariot. If the Father being a Copyholder of Inheritance, or by the custom, the Lord is to have Hariot upon every descent only, and he lying in extremes, surrenders into the hands of the Steward, to the use of his eldest Son and his heirs and dies, and after that surrender is presented in Court, and he is admitted accordingly, it seems that the Lord there shall have a hariot. But if the Father being Copyholder of Inheritance, or by, the custom (the Lord having Hariot upon every descent only) surrender in full Court to the use of his eldest Son and his heirs, and the eldest Son is admitted accordingly, and after the Father dies there the Lord shall have no Hariot. So it seems, if in this case the Father surrender to the use of himself for life, the remainder to the use of his eldest Son and his heirs, and they both are admitted accordingly, and after the Father dies, there the Lord shall not have hariot. 34 Ed. 3. Statham, If my Tenant which holds of me by a hariot, alien parcel of that land to another, every of them is charged to me of a hariot, for that it is entire, and though the Tenant purchase the land again, yet if I be seized of a hariot by another man, I shall have of him for every portion a hariot, and that by the opinion of Wilby and Shared 4 Ed. 3. Statham Tit. avowry, one avows for hariot, Plaintiff demands Judgement, for that he doth not allead ●●eisin of the hariot, and it seems of hariot custom he need not to allege Seisin, but otherwise it is of hariot service. 6 Ed. 3. Statham Tit. avowry, if one avow for hariot custom, he shall recite the custom in his avowry. 24 Ed. 3. Statham Tit. avowry, if one avow for hariot, and saith, that he and his Ancestors have been seized, time out of mind, yet he ought to allege a special Seisin in him, or in one of his Ancestors, and to say by whose hand, etc. 38 Ed. 3. Tit. 2. Br. It seems where the Tenant holds by hariot service, that is, if he be to have the best Beast, the Lord may seize as well as for hariot custom, for that it is certain, and for hariot custom he shall always seize and not distrain, for that that the property is in the Lord, 27 Book of Ass. 24. 8 H. 7. f. 10. 13 Ed. 3. Tit. 9 Brook For hariot custom he may have an action against whosoever conveys it away, and a Detinue against him which denies it, for he hath property in the thing, and the Law adjudgeth possession in him without seizure, as of the Body of a ward which is transitory. Time of H. 8. for hariot custom, a man always shall seize, and if it be conveyed away, he may have a Detinue, and for hariot service as here conveyed away, he may distrain, but not for hariot custom. 3 H. 6. f. 45. Trespass, the Defendant prescribes in him and his Ancestors, Tenants of the Manor of D. to have the best Beast for hariot upon every surrender, and the Horse taken was the best, the Plaintiff saith, that the property of the Horse was not in the Tenant, time of the surrender, and a good Plea. Livery of Seisin. For that, that you give in the second Article of Charge, to know what Estates your Tenants have, for that something shall be said afterwards, which is an Estate in Fee, and which in tail, and also of other Estates, and first for that to Feaffments, Gifts, and Estates, made in tail, and for life, by you to others, there ought to be Livery of Seisin, let us see what is good Livery upon the Land, and what within the view of the Land, and what not. IF Liver 〈◊〉 made and the Termor for years be not outed, this is not good, 21 H. 7. fol. 7.19 H. 6.56.2. Ass. 1.5 Ass. the last, and 7. Ass. 3. And he to whom the Livery is made, stay a night with the Termor, and not out the Termor, yet this is not good, Britton fol. 102. and 29 Ass. 60. If Livery be made, and the Termor be not put out upon the Livery, or that he attorn, it is not good, 5 Book of Ass. 8. If a Feoffment be of two Manors, whereof one is in Lease for years, and the Livery is made in the other which is not in Lease, this in Lease doth not pass, for there shall be Livery made in that also, or otherwise the Termor ought to attorn, 11 H. 4. fol. 71. To deliver a piece of Earth of the land, to him which takes the Seisin is a good Livery, 2 Book of Assizes 1. The Sheriff may deliver Seisin of Rent recovered, by Beasts, Grass, or Clod, and it is good, 40 Ed. 3. fol. 22. Perkins. 42. Office is granted in Forest, to which land is belonging, and Seisin is delivered by a Horn and an Axe, and is good, 1 H. 7 f. 17. the old print. A man makes a Feoffment to a Woman, and when he comes to the Church door to be married, he delivers to her the Deed, and there shows to her the land and is a good Livery, 39 Ed. 3. fol. 11 and 38. Ass. 22. Where one is sick in his House, and delivers the Deed of Feoffment in name of Seisin it is good, Perk. fol. 48 A Deed by (I have given and granted) or I have (given) only, sufficeth to a Disseisor, if he deliver to him the Deed without other Livery, for it is a confirmation, Littleton 121. One lying sick in his House, makes a Charter of that, and saith, take and keep according to the Charter, and he takes Seisin, and the Feoffor be not out, and yet good, so it is in the same case if he say take Seisin, and command all the Servants to attend on him, 27 Book of Ass. 61. Perkins f. 43.44. & 43 Ass. 20. There may be Livery within the view, as I deliver to the Feoffee a Deed of feoffment, and I say that I will that you shall enter into the same lands, and have them according to the Deed, it is good if you enter, Perk. fol. 43. and 18 H. 6. f. 16. The Father infeoffs his youngest Son of a● House, and the youngest Son come into the Church of the same town where the House is, and saith in the presence of the Parishioners, Father so frankly as you have given to me the House, I give that to you, and the Father goes to the house and enters and dies seized, and is good; and the eldest Son shall have that and not the youngest, 39 Ass. 12. Perkins f. 44. the same, and 42 Ed. 3. Feoffment 54. Note that it is notorious, and this the reason. The Father makes a Feoffment and a Letter of Attorney to L. to make Livery, and before the Deed delivered, commands L. to make Livery upon condition, and he makes that upon condition, it is good, 28 Book of Ass. 439. A man makes a Feoffment by Deed simply, but he delivers Seisin upon condition, the Feostee takes it conditionally, and not by the Deed, 8 H. 5. fol. 8.18 Ed. 3. fol. 19 and 18 Ed. 4. f. 12. Littleton fol. 83. The Father for advancing his youngest Son, makes to him a Charter, and a Letter of Attorney, when he was of sound memory, and after by sickness cometh mad, so that he was dumb at the time of the seisin delivered, but by all signs agreed, and this is a good livery, 25 Book of Assizes 4. If a Lease be made for life by Deed, and the Lessor saith, Go you and enter, but no livery is made, though that he enter, yet by Newton, he hath but an Estate at will, and no Freehold, 18 H. 6. fol. 16. When one makes a Feoffment, and delivers the Deed to the Feoffee, and said, God give you joy, this is a good livery, 41 Ed. 3. fol. 17. Abridg. Ass. fol. 94. and 41 Ass. 10. but it seems it was within the view. Feoffment is good of Lands by Deed, and delivering the Deed within the view of the Land, so that the Feaffee enters accordingly; but if the Feoffor dye before the Feoffee enter, than the Land descends, and the Feoffment shall take no effect: Time H. 8. B. Feoffments 70. A man makes a Feoffment to another, and delivers to him the Deed in the Land, or upon the Land; this is a good Feoffment by all the Court, 35 H. 8. Brook, Feoffments, 74. Note by these is to be gathered, that where the Feoffor delivers the Deed, within sight of the Land to the Feoffee, and he enter, this is a good livery and seisin, but if he do not deliver the Deed within the view, nor use words within the view, which may countervail livery, I suppose freehold doth not pass. If a Lease be made for life by Deed, and I deliver it out of the view, and no livery of seisin, that he is but Tenant at will, by Newton, as it is said before, 18 H. 6. fol. 16. Note, where a Deed shall enure as a confirmation, without Livery of Seisin, and where not. A Lease for years is made, and after the Lessor makes a Deed by (I have given, granted, and confirmed) to the Lessee, to him and his heirs, and deliver to him this Deed, this is good without livery, 22 Ed. 4. fol. 37. and 19 H. 6. fol. 44. the same. If I let to one for years, and after make to him a Deed by (I have given and granted) to have the Land for life, or to him and to his heirs, and deliver to him the Deed, he hath an Estate according to the Deed without livery and seisin; the same Law where a Disseisee makes a Deed by (I have given) to the Disseisor, and delivers to him the Deed as before is said, Lit. fol. 121. Feoffment to divers, and livery to one, where both take, and where not; and where one makes a Letter of Attorney by words, is not good. A Man makes a Feoffment by Deed to twenty, and delivers the Deed and Seisin to one, in the name of all, this is good to them all, but if he enfeoff twenty without Deed, and Delivers seisin to one in name of all, this is good to him only: Time of H. 8. Br: Feoffment 72.15 Ed. 4. fol. 18. and 10 E. 4. fol. 1. by Choke. Tenant enfeoffs the Lord and another, and makes livery to the other, nothing vests in the Lord, without his agreement, 10 E. 4. fol. 12.6 E. 4. fol. 4. Where a Corporation and another are enfeoffed, livery to one is not good to both, for that, that they take in Common, and for that livery shall be to both of them, 7 H. 7. fol. 9 by Hussey. Attorney by word cannot make livery, 19 H. 8. fol. 9 by Shelley and Englefeild. A man enfeoff four by Deed, and one makes letter of Attorney to J. S. to take seifin for him and the rest, and he takes seisin accordingly, the residue take nothing by the seisin, 17 H. 8. Br: Feoff. 67. Mortdancester. Many times Mortdancester is brought of Copyhold Land, and for that some thing shall be said of Mortdancester; and it seems if the Tenant traverse one point of the writ, the residue shall not be inquired: Contrary is by 9 Ed. 3. fol. 30. Fitzh. Mortdancester 13. IF one takes Issue upon one point, and found against him, the residue shall be held confessed, 27 H. 8. fol. 12. and 39 Ass. 13. But Abridgement of Assize fol. 120. If the Tenant plead in Bar which is found against him, the Assize ought not to inquire of the points at large. Mortdancester, If the Tenant traverse one of the points of the Writ, as to say, that he is not next heir, and is found for the Plaintiff, there he shall not inquire of other points, for when one point is traversed, all others are in manner acknowledged, otherwise it is where he acknowledgeth no point, as pleading that the Plaintiff is a Bastard, there they ought to inquire of the residue of the points, Statham, 35 E. 3. If the Tenant traverse one of the points of the Writ, the remainder shall be held not gainsaid by Shared, 14 E. 3. tit. Fitzh. 8.33 E. 3. Fitzh. 34. accordingly. Abridgement of Assize, fol. 118. The points of the Writ are three, that is, First, if the Ancestor of the Demandant was seized in his Demesne, as of fee, the day that he died. Secondly, If he died seized within fifty year's last passed. Thirdly, If the Demandant be next heir. The Tenant saith, that the Ancestor of the Plaintiff did not die seized in fee, and the Assize charged upon all the points, 9 Ed. 3. tit. 13. and 9 Book of Assizes 14. according, B. 21. If the Tenant plead in Bar, without that, that the Father of the Demandant died seized; if that be found against him, the points of the Writ shall not be inquired, but if he plead to the Writ, it is otherwise, 27 H. 8. fol. 12. by Fitzherbart. Where the Tenant traverseth one of the points of the Writ, and the Assize is awarded, and found for the Plaintiff, he shall not inquire of the other points, but shall be taken confessed, Abridgement Book of Ass. fol. 118. If the Tenant pleads Feoffment or Surrender, he ought to traverse the dying seized. IF the Tenant pleads matter in Deed, as Feoffment of the same Ancestor, they ought to traverse the dying seized, but if he plead recovery, this is a Bar, unless the Tenant convey title afterwards, 6 Ed. 4. fol. 11. Mortdancester, Natura brevium, 119. By Thorpe, Feoffment of the same Ancestor is no Plea in Bar, but to the Assize, for the Action is taken of dying seized after, that is to say, The day that he died, or not, 34 Book of Assizes 20. Where there shall be a re-summons, and where the Assize shall be awarded upon default, and the points shall be inquired. THe Tenant was Essoyned, and at the day made default, and re-summons was awarded, and said, that it ought, 8 Book of Assizes 13. Inquire Fitzh. fol. 196. G. The Tenant was effoyned and at the day made default, and adjudged that the Assize shall be taken by his default, and that resummons shall not be but immediately after Summons, 4 H. 7. f. 23. and 4 Ed. 2. Fitzh. 37. A man cannot recover by default in this Writ without enquiring of the points of the Writ, 31 Ed. 3. Tit. 58. Abridgement Book of Assizes f. 119. The Tenant makes default by which resummons went out, upon which he comes and pleads, and doth not answer to the default. Where it is found against the Tenant, upon Plea which trencheth to the action, the points of the Writ shall not be inquired, otherwise it is upon a Plea in abatement, see 39 Book of Assizes 13. and 29 Book of Assizes 48. Mortdancester, If the Tenant plead non-tenure of parcel to the Writ, and if found, etc. And is ready to hear the Recognisance of the Assize, the points shall be inquired, 20 Book of Assizes 19 and 4. Ed. 2. fol. 39 Mortdancester, the Tenant saith, that he is ready to hear Recognisance of Assize, the points inquired, 12 Ed. 3. f. 10. If the Tenant plead non-tenure of parcel, he ought to plead over to the Assize, that is, to pray that the Points be inquired, 12 Book of Assisee 8. and Abridgement Book of Ass. fol. 122. See there. Where Mortdancester lieth. IT lies for the Heir, where his Father, Mother, Brother, Sister, Uncle, Aunt, Nephew, or Niece, dieth seized of any Lands of an estate in Fee, and an Estranger abates, there the Heir shall have a Mordancester, and when his Father were seized and disseised, the day that he died, yet it lies. Fitzh: fol. 195. C.D. If Tenent by the Courtesy alien, the Heir shall have Mordancester unless he hath assets by him, And if a Guardian hold over, the Heir at full age shall have a Mortdancester: Fitzh: fol: 196. E. F. Mordancester doth not lie upon Lands devisable by Will, and it is reason, for it is true, that the Ancester was seized, the day that he died, and that he died seized, and the Tenant is Heir in appearance. Fitzh: fol: 196. I. 4 Ed: 2. Fitzh: Mordancester 39 It is a good bar to plead devise of the same Ancester, and so it seems where there is a devise now by the Statute of Wills, Abridg: Book of Assizes, fol: 120. & 32 H. 8. Chap. 2. One Coparcener shall not have a Mortdancester against another, where their Ancester died seized, and one enters in all, and holds out his companion, but (nuper obiit) and if the Ancester die seized of an estate tail and one enter, and deforce the other, he shall have a Formedon, and not a Mortdaneester. Fitzh: fol: 196. L. Mortmain. For that that by the 9th. Article, it is inquirable of Mortmain, to the intent that none shall give in Mortmain, but that the Lord may make his claim within the time limited in the Statute. Let us therefore see, what is an alienation in Mortmain, and what not. IF Villain of an Abbot, or of a Corporation purchase, and the Abbot or the Corporation enters, this is in Mortmain, and the Lord may enter within the year. 41 Ed: 3. fol: 16. Fitzh: 224. B. Contrary of Land which descends to a Villain. 41 Ed: 3.21. and 48 Ed. 3.27. If a Feoffment be made to the use of an Abbot, or a Corporation, this is Mortmain, and within the Statute, that the Lord may enter. 8 H. 4. fol: 16. Br: 11. If an Abbot, Mayor and Commonalty, Dean and Chapter, or other Corporation, alien to another Corporation or Abbot, without licence, this is Mortmain, Fitzh: 212. D. The same Law if one exchange with an Abbot or Corporation, this is Mortmain, and the Lord may enter. Fitzh: fol: 223. E. Lord, Dean and Chapter, or other Corporation are Tenants, and the Lord releases to Dean and Chapter, or to the Corporation, his Rent without licence, this is Mortmain. But if he be licenced of the King, and of the chief Lord, and (Ad quod damnum) be sued, or in the licence of the King, this clause be, that is to say, without any Writ of (ad quod damnum) then the Mortmain is not to be inquired in no case, where such licence is used, for that is dispensation, that the King nor the Lord cannot enter for Mortmain. But if the Lord with licence in this case aforesaid, be Tenant in tail, or for life, and dies, I think it is there inquirable. Fitzh: fol: 222. D. and 223. I. But if the King grants to a Corporation liberty to purchase Lands and Tenements to the clear yearly value of 40 li. provided that it be not held in chief, as divers Grants are: If such a Corporation purchase Lands and Tenements held of the King, as of his Manors of East Greenwich, Depford, otherwise West Greenwich, Says Court, Lewsham fee, or held of the Queen as of her other Manors, there it is not inquirable of Mortmain, but it is to be enquired in the Leet, if they have purchased any Lands held in chief, or over such a value in the Grant. And also it is to be inquired in Court Baron for the Lord. If any Corporation have purchased any Lands or Tenements held of the Lords Manor (notwithwanding the Grant, and licence of the King aforesaid) for this shall not be to dispense against the Lord for Mortmain. Where anuity is granted to a Parson or a Vicar of a Church, or to a Prior or an Abbot, by any tenant, It is no Mortmain to be inquired, for in anuity if they recover, collusion shall not be inquired, for that doth but charge the Parson of the grantor, and not the freehold, 10 Ed. 4. fol. 6.34. H. 6. fol, 37.3. Ed. 4.14: 33. H. 6.27.20. H. 6.7. and 17. Ed. 3.5. But if any Tenant of the Lord, grant by deed out of his Land, any rend charge with clause of distress to any corporation, that is Mortmain, and inquirable. The same Law is, If any tenant will, that a Corporation, shall have to them and their successors, a rend charge issuing out of his Land, and will not that his Parson be charged in any manner, by Writ of an vity, but hath in the end of his Deed, provided always that this present writing, nor any thing in that specified, shall in no wife extend to charge my person by Writ or Action of annuity, but only to charge my Lands and Tenements of the yearly Rent aforesaid, This is Mortmain, and inquirable. The same Law is, if any Tenant of the Lord grant by Deed, that if the Dean and Chapter, Mayor and Commonalty, and their successors, be not yearly paid at the feast of Christmas 20 s. that then it shall be lawful for them to distrain for the same in the manner of D. this is Mortmain, and inquirable. Littl: fol. 30. proves this a good Grant. See Fitzh. 224, G. But where personal things are given to a Corporation, as Horse, Cow, Ox, Sheep, hogs, or other goods, there in this case Mortmain is not to be inquired, for these so given, are not within the statute, 10. H. 7. fol. 3. If a Bishop or an Abbot, appropriate to themselves an Advowson held of a Lord, of which they are seized in Fee without Licence, that is Mortmain, and inquirable. Eitzh: fol: 223. H. and 5 H: 7. fol: 37. saith, that an Advowson lieth in tenure: 40 Ed: 3. fol: 44. accordingly. If a Fishing held of the Lord, be granted by the Tenant, to a Bishop and his Successors, or to a Dean and Chapter and their Successors, this is Mortmain, and inquirable. 40 Ed. 3. fol: 44. proves that it lies in tenure. The Statute of Religious, fol: 79. is, That no Religious, or other whatsoever, shall presume to buy or sell, any Lands or Tenements, either under colour of gift or term, or by reason of any Title whatsoever, or by any means whatsoever, art or wit presume to appropriate them to him, under the penalty of forfeiting the same, by which the Lands or Tenements may come into Mortmain, by any means. And the Statute gives liberty to the next Lord (if he come within the year) to enter, and if he be negligent and do not enter, than the next Lord within half a year; and if not, than the King after the year and half may enter, And it is inquirable in the Court Baron, for the benefit of the Lord that he may enter within the year; and if the Lord be negligent, and do not take his time limited by the Stature, than the King may enter, and that is inquirable in Leet for the King. 25 H. 8. tit. 37. Lord and Tenant, the Tenant lets for life to I. S. the remainder to an Abbot and his Successors, the Lord need not make claim till the Tenant for life be dead; for if he will waive the Remainder, it is no Mortmain. Non-Tenure. In so much that you sue here plaints for Coppy-holder, and make protestation in nature of what Writ serves your case, and many times non tenure in them is pleaded, let us see where non tenure is a Plea, or is a plea of parcel and not of all. NOntenure is no Plea in a (Nuper obiit) for it is to try privity of blood, 7 H. 6. fol. 8. Fitzh. fol. 197. D. & F. accordingly, but abridgement, Ass. fol. 120. Non-tenure is a good Plea in Mortdancester. If one plead Ancient Demesne, he cannot afterwards plead Non-tenure, for none may plead ancient Demesne but the Tenant, 41. Ed: 3. fol. 22. If one plead Non-tenure of parcel, he ought to show that he is Tenant of that. But if he plead Non-tenure of all, otherwise it is, 8 Ed: 4. fol. 6.11. H. 4. fol. 16. and 36 H. 6.6. Non-tenure is no Plea in (Scire facias) to have Execution upon a Fine. 7 H. 4. fol. 12. Generally Non tenure is no plea in Scire facias to have Execution, for that that nothing in that is demanded, but Execution is demanded only. But it seems one may plead special Non-tenure, as to say that he was a Disseisor, and the Disseisee hath entered upon him. 7. H. 6. fol. 16. Cessavit, and counts that the Tenant held a house of him by fealty and suit of Court, he may deny that he is no Tenant of the whole house, for he cannot tender the whole arrearages without his companion, and goes in abatement of all. Rast. Non-tenure 1. But Non-tenure of a parcel in a (Praecipe) shall not abate for all. 21 Ed. 4. fol. 25. Non-tenure of parcel shall abate all the Writ, by the Common Law, and now by the Statute but for the parcel, 36 H. 6. fol. 6.18. Ed. 4.41. Ed. 3.20. & 4. Ed. 4.33. Littleton fol. 126. Formedon, If the Tenant plead Non tenure, Judgement shall be that the Tenant shall go without day, and after such judgement the Demandant may enter. 26 H. 8. fol. 3. Attaint, He which was party to the first Record, cannot plead Non-tenure, by Hare, but his feoffee may. 21 H. 6. fol. 62. Attaint against him which recovers, and the petty-Jury and he saith, that he was not tenant day of the Writ purchased, and held good. 6. Book of Assizes. Attaint against J.S. upon a verdict which passed for J. S. in a Writ of Entry upon disseisin, and notwithstanding that J. S. pleads as Tenant, yet for that, that he was not Tenant day of this attaint nor ever after, the Writ shall abate by Non-tenure 14 Book of Ass. 2. Attaint, Non-tenure was good, but it was pleaded there by the Heir, or other person against whom the recovery was. Fitzh: fol: 107. L. Attaint, Non-tenure hath been admitted a good Plea divers times. 8 Ed: 4.20. A man recovers in Court Baron in right, and the other brings false judgement, and recovers that, and in Scire facias to have Execution, he which first recovered, pleads special Non-tenure, to stay Execution, and said that he shall have it. 9 H. 5. fol. 11. Scire facias to have Execution, if the Tenant pleads Non-tenure specially, That is, that he hath nothing but for years, the Plaintiff shall not have Execution at his peri II. Nuper obii. In so much that (Nuper obiit) is a Plaint sometimes by Copiholder of that in Court Baron, something shall be said of that, and where it lies, and where not. IT appears it lies where Lands descends to Coparceners, and after the death of the Ancestor one enters into all, and deforceth the other, as where Grandfather, Father, Brother, Uncle or other Ancester die seized of an estate in Fee, and after their death, one of their Heirs enters, and deforces the other Coparceners, here the Coparceners deforced shall have a (Nuper obiit) against the other Coparcener which deforceth them. And if one Coparcener be deforced by the other Coparcener, and a stranger, she shall have a (Naper obiit) against her Coparcener, and this Jointenancy shall not abate the Writ. And this Writ lieth as well between Coheirs in Gavelkind, as between women which are Coparceners, if one deforce the other. Fitzh. fol. 197. A. C. Nuper obiit lieth between sisters of the half blood, 3. Ed. 1 Tit. 5. Fitz. f. 179. G. Nuper obiit is maintainable, where her Ancester was carried out of the same tenements, the day before his death against his will, by the other Coparcener, and dies out of the same tenements, 4. Ed. 2. Tit. 10. Fitzh. 197. L. Nuper obiit lieth of a Corody, 16. Ed. 2. tit. 11.10. Ass. 11. Br: 3. Fitzh. 179. If there be two Coparceners, and one of them marries a Villain, and the other deforce them, the Villain and his wife shall not have a Nuper obiit, 16. Ed. 3. tit. Fitzh 17. Officer. Where your Officer, or Sheriff shall be punished for executing of Process, as trespassor, and where not, and how he ought to carry himself in executing Process. OFficer shall be punished in trespass, that by (Fieri facias) out of any Court, breaks the door of a house to do execution, and for that only, & not for taking the goods in execution. 18. Ed. 4. fol. 4. It is held that an Officer cannot break the close to make a Replegiare where there is a gate, unless that that be stopped, the same Law is of executing Process out of a Court Baron, 21. H. 6. fol. 30. Where one is indicted of trespass, and Capias awarded, or a Commission to take the party indicted, and he shuts his gates, there the Officer may break the gates, unless he may otherwise come to take him, for this is for the King, otherwise it is to execute Process out of a Court Baron, 27. Book of Assize, 35. Where erroneous Judgement is given in any Court, the Officer which doth the execution is excused. Contrary where the Court gives Judgement of Land, or contract which lieth out of their jurisdiction, for their trespass or Assize lies against the Officer, 22. Ass. 64. Plowden 19●. There is also a Diversity, where in Court Baron Judgement is given, that is void or voidable, for where judgement and execution is there, of a thing whereof they have no jurisdiction, there trespass lies against the Officer for executing it, but if Judgement be there but erroneous, and so not void, false judgement lies, and no trespass against the Officer, Plowdens Com. 394. contrary Law. Where an Officer by commandment of a Bishop arrests one for holding an opinion that he would not pay Tithes, false Imprisonment lies. The same Law where a Justice of Peace, lays his command upon one out of the Sessions without other matter, and for that is Imprisoned. Where one by a Capias out of the Court Baron arrests one, false Imprisonment lies against the Officers 10. H. 7. fol. 17. It seems if the Sheriff arrest one, by a Capias awarded against him, out of the Common Bench, where there is no Original, yet false Imprisonment doth not lie against him, 21 H. 7. fol. 22. and 11 H. 4. fol. 36. the same, by Hank, i● case of the Abbot of Glassenbury. Held that the Sheriff may arrest a verger in the Church, or a secular man, and shall not be punished by trespass. But by the statute of 1. R. 2. chap. the last see Pulton title Arrests. If any arrest any Minister which is doing Divine Service in the Church, Churchyard or other place, he shall be Imprisoned and punished, etc. If an Officer distrain or attach the horse of a Master, where the plaint is against the servant, trespass lies for the master against the Officer, for the Officer ought to take notice at his peril whose goods he distrains or attaches, 13 H. 4. fol. 2.14. H. 4.24. 11 H. 4.90. & Doct. & Student 129. Where an Officer arrests another man which is not defendant, or attach goods which are not the defendants, he is a trespassor, if the Plaintiff show him the party, of goods, and saith he is the Defendant or not, 11 H. 4. fol. 90. It seems that the Officer shall take notice at his peril whose beasts he repleves, 14. H. 4. fol. 24. If the Officer restrain any Prior, or other Prelate for debe or trespass when he is in his journey riding, by his horse upon which he rides, where he may distrain other goods, action upon the case lies against the officer, Quare cum etc. Fitzh. fol. 93. I. Where the Sheriff hath a Capias, he may arrest one without showing it, and so may a Bailiff erant, But the servant of a Sheriff and of another, cannot without showing the Warrant. The same Law is of a Bailiff of the Lord or Beadle, which by custom serve Attachements or distress, They having a command, may serve it without showing it. But so cannot they do, where they have a command to summon Copyhold Land, or a command in nature of Grand cape, Petit cape, habere facias visum, or Habere facias sefinam, 14 H. 7. fol. 9 21 H. 7. fol. 37. 8 Ed. 4. fol. 14. and 10 Ed. 4. fol. 1. If the Sheriff arrest one by a Capias, and after do not return the Writ, or return (non est inventus) false Imprisonment lies against the Sheriff. But in Court Baron no Capias shall be awarded, yet if the Officer there serve an Attachment or distress and do not return his precept at the next Court, Trespass lies against the Officer for the Defendant, and an Action of the Case lies against him for the Plaintiff which sued the Action, for not returning of the Precept, 10 Ed. 4. fol. 18. 3 H. 7. fol. 3. If the servant of the Sheriff arrest one by Precept made out of a Capias, and return his precept to the Sheriff, and yet the Sheriff do not return his Capias, false Imprisonment lies against the servant. But by the 18. of Ed. 4. fol. 9 it appears that it is otherwise, where the Bailiff of the Liberty arrests one by precept, out of a Capias made to him by the Sheriff, and returns his precept, and the Sheriff do not return the Capias, there lies false Imprisonment against the Sheriff, and not against the Bailiff. But in Court Baron, Bailiff or Beadle which have a precept of the Steward, cannot make precepts out of that to serve. 21 H. 7. fol. 22.20. H. 7. fol. 13. One may arrest one in the presence of the Sheriff, which hath a Capias by his Commandment, & it is his arrest, without showing the precept, and Bailiff or Beadle of a Court Baron may attach or distrain any thing without a precept, in the presence of the Steward, and by his Commandment. 8. Ed. 4. fol. 14. 21. H, 7. fol. 22.16. H. 7. fo. 14. See there. Bailiff or Beadle of Court Baron, distrain or serve Attachment, and the Defendant makes rescous, and chaseth the thing destrained or attached out of the Manor, and the Officer freshly follow and takes it again, and brings it into the Manor again, and may well do it. 33. H 6. fol. 52. and 55. and 2 Ed. 4. fol. 6. accordingly. If a Sarjeant at mace arrest one, and he resists, he may beat him, and others (upon request) may aid him, 2. Ed. 4. fol. 6. B. and 3. H. 7. fol. 3. By Hank, Officer cannot attach J. S. by my goods which he hath to dung his Land, or to plough it, or which he hath in pawn, 11. H. 4. fol. 90. B. 31. H. 8. tit. 159. It is said, where one hath an Office of charge: as to be Steward, Bailiff, Parker, etc. That the grantor may out them, and pay their Fee, if it be so much certain, but not where they have profits of Court. etc. 34 H. 8. tit: 243. the same. 28. H. 8. tit. 94. Deprivation of an Office which lies in grant, aught to be by deed and not by word. 5. Ed. 4. fol. 5. Long report, the Act of the under Sheriff, or his Deputy in the name of the Sheriff, shall charge the Sheriff, and for their act the Sheriff himself shall be amerced, and no other. 39 H. 6. fol. 35. The opinion of the Justices was, That escape of a prisoner is not a sufficient cause of forfeiture of the office of the Marshal, which hath fee in that, and held that the Marshal might grant that to another for life, but his assignee cannot make a deputy; And the opinion of the Justices, that not executing of an office, is a sufficient cause of seizure: Deputy occupies to the use of the officer, and his forfeiture or misdemeanour shall make the Officer to lose his Office, but the misdemeanour of the grantee for life not, but of his own estate. 11 Ed. 4. fol. 1. Duke, or Marshal in fee, may make a Deputy for his Patent is, to be executed by himself or his Deputy. The same Law of the Office of Chamberlain of the Exchequer, which is also an Office of trust, for he keeps the Records of the King, so that an Office of trust cannot be granted over. If the Patentee hath it not, to him and his Assignees, he cannot make a Deputy, and there agreed, that he hath that, in his own right, and Deputy is not but to occupy in the Right of the Grantee. See Perkins, fol. 21. E. F. G. 10 Ed. 4. fol: 16. 5 Ed. 4. fol. 27. Where an anuity is granted to keep a Park, if the Grantee misuse that, by which the Deer are killed, that is forfeiture of his Office. Littleton fol: 73. If a man grant by his Deed to another the office of Parkership, Steward, Bailiff, 〈◊〉 there is annexed to that a condition in Law, etc. 5 Ed. 4. fol: 10. The King grants to Garter the office of the King of Arms at will, and 10 li. fee, for term of his life for that Office, If the Grantee be put from the fee the office shall cease, for the Cause ceasing, the effect shall cease. 7 Ed. 4. fol. 23. the same. 9 Ed. 4. fol. 5. If the King grant an Office to one which knows not how to use it, It is said that the grant is void, and Justices may refuse him. 5 Ed. 4. tit. 48. the same. 9 Ed. 4. fol: 6. The King grants Office, the Patentee may make title in assize, without showing that it was an Office before. But if the grant was with vales and fees it is not good, unless there be words (Constituimus) if there were none before. 9 Ed. 4. fol: 6. If the King grant the Office of one of the Clerks of the Crown to 2. the grant is good, but grant to two to be chief Justice is void, for it is a Judicial office. 18 Ed. 4. fol: 8. The King grants the Office of chief prenotary to two that is void, and the Justices may refuse to enrol it, for two cannot have the keeping of the Rolls. 29 H. 8. Tit. 47. If a man hath a fee of a Lord, and after is made a Justice, this fee is not void, but after he is made Justice, he is not to take fee of any but of the King. But where a Parson is made a Bishop, the Parsonage is void, for he cannot be Ordinary to himself, nor punish himself. 3 H. 7. fol: the last. The King cannot grant the Reversion of an Office to J. S. by that name, but reciting how, that such a one shall have and hold such an Office for term of his life, of Our special grace We grant the Office aforesaid to J. S. to have after the death, etc. See 32 H. 8. Chap. 27. 9 H. 7. tit. 44. If the Warden of the Fleet, do not bring in his prisoner which is commanded by the Court, that is a cause of seizing his Office. And if a prisoner condemned escape, he is to pay the condemnation. 11 Ed. 4 fol. 1. by Vavisor, Not attendance is a cause of forfeiture of the Office. Westm: 1. Chap. 26. No Sheriff nor other Minister of the King, shall not take reward to do his office, and who doth, shall restore double to the Plaintiff, and shall make Fine to the King. Westm: 1. Chap. 29. No servant, accountant, nor other make any deceit or collusion in the King's Court, or consent to make that in deceit of the Court to wrong the Court or party, and of that be attaint, he shall have Imprisonment for a year and a day, and be not heard in Court to count for none, and if there be another which counts he shall be imprisoned a year and a day. Fitzh: 172. O. No Victualler ought to use to sell victual or wine, by great or retail, so long as he is in Office, as Mayor, etc. To keep the assize of bread and wine. Fitzh: 173. A. Victuallers shall not be chosen to office of Judge, in Towns and Cities, but for default of others, and then they shall not sell victuals. See of that divers Statutes. Process of Execution. JOhn Kitchen Steward, to his Bailiff health. Because Rob. B. hath recovered against W.E. 31. s. in a Plea of Debt, and 12 d. for charges and costs, of which the said W. in the same Court was convicted by the Judgement of the Court. Therefore you shall cause to be levied according to the custom the aforesaid 31 s. in the said Court adjudged, and the said 12 d. for charges, and you shall have the said money at the next Court to pay to the said Rob: for his damages aforesaid, and have there this Precept, and how, etc. dated the 24th day of April, the year of the Reign of the Queen, etc. 21. Pound overt. For that that in the 15th Article of the Charge, it is to be enquired, if any Distress put into the Lords Pound be taken out without Authority, for that let us see some things touching open Pounds. SEveral pasture of one, is provided for the time, though it be not an open Pound, for that is adjoining to the King's high way, which is called an open Pound. 5 H. 7. fol: 9 If a man distrain his tenant in Fee, for life, or years, for Rent, he cannot impound in the same Land where he takes the Distress: but for damage doing he may. 21 H. 7. fol: 39 By Choke. If one take Beasts in the name of Distress, he ought to put them into an open Pound, for that, that he which is distrained, may give to them sustenance, otherwise he cannot give them meat. But if he distrain dead chattels, I may put them where I will; but if they spoil in my default, I must answer for them. 9 Ed. 4. fol: 2. B. If Distress be taken out of the open Pound of the Lords of the Town, he which distrains shall have a (Parco fracto) and not the Lord; and the remedy for the Lord is presentment in the Court Baron. 21 Ed. 4. fol: 19 Fitzh: 100 G. Where one distrains (doing damage) or for Rent, or service, and impounds them in the common Pound, or in another Pound or place which is a lawful Pound, and an other takes them out, he which distrained shall have a Writ called (Parco fracto) of that taking out of the Pound. The same Law is if they were impounded in a Close of his friend by his licence, and are taken out, he which distrained shall have a (Parco fracto) and his friend Trespass, why by force of arms he broke his Close. Fitzh: 100 E. If Distress be put in open Pound, and they die, it is the loss of the owner: but if they be put in another place, it is not so. And though sufficient amends be offered, yet he cannot take the Distress out of the Pound, but aught to sue a Replegiare; And than if it be found that sufficient was tendered, he shall recover damages for the refusal. But if the Distress die in open Pound, though sufficient amends were offered, yet it is to the loss of the owner, so that he ought to give to them sustenance. Doctor & Student fol. 113. If Distress taken, doing damage be put in a Pound, the Defendant may justify that he hath Common in the place where the taking was, and made fresh suit, and came to the Pound, and there he found that unlocked, and took his Beasts, this is lawful upon fresh suit, and being unlocked. So it seems in all cases, where the Distress is taken without reasonable cause upon fresh suit, and Pound unlocked, the owner may take them out of the Pound. 30 Ed: 3. fol: 171. 3 H. 6. fol: 15. Defendant in Replegiare may say, that he put the Beasts in open Pound, and there they died, and he shall not wage deliverance. 5 H. 7. fol: 9 If the Defendant in Replegiare take beasts and drives them away, and doth not put them in an open Pound, and they die, this is not in default of the Plaintiff; But if he put them in an open Pound, within the County, it is not to be said that they are conveyed away; but the Plaintiff at his peril is bound to take knowledge where they are, and to give them meat. 39 H. 8. Tit: distress 6. He which distaines beasts may put them in a close house, if he will give them meat, for the putting them in open pound, is but to the intent that the owner may give them meat. 1 & 2 Phil: and Ma: chap. 12. tit. Distress, That no distress shall be driven out of the hundred, unless to the open Pound, nor above 3 miles, and one distress shall not be impounded in several pounds upon forfeiture of 5 l. And for poundage of an Entire distress a man shall not take above 4. d. poundage. 20. H. 7. fol. 1. Where the Lord destraines beasts and they are taken out of the Pound, the Lord shall have a (Parco fracto) and the party may have trespass, for the property lies in him by Forwick. Fitzh. 101. Where a man distrains for doing damage, Rent, or service, and puts them into the common Pound or into an other lawful Pound, and he which owes the beasts or another person takes them out of the Pound, than he which distrained, shall have a (Parco fracto) and if a man send his servant to distrain for rent or service, and the servant distrain and put them into the Pound, and a stranger takes them out of the Pound, now the Master shall have a (Parco fracto) for it is the pound of the master, 21. Ed. 4. fol. 19 Fitzh. 101. E. if a man distrain for Rent, doing damage, or services and puts the beasts in the ground or close of another his friend by his licence, and he which owes them takes out the beasts, he which distrained shall have a (Parco fracto) and not he which hath the close. Fitzh. 101. H. For amercement in hundred one cannot distrain, but the proper goods of him that is amerced, & not others, but for rent or service is otherwise, for the party may distrain the beasts, found in the Land which are rising and lying and Impound them. Relief. IF one have a tenement in chief, and dies, etc. and after such Heir be in Wardship, when he shall come to age, that is, 21 years, he shall have his Inheritance without relief. But by the stature of Marlebridge chap. 10. and by the Prerogative of the King the 3. chapped. the King shall have the first seisin, nor the Heir shall not enter, before he hath received it out of the King's hands, whatsoever Age he be of, Magna charta, 2. 3. & 4. Where one holds of a common person by Homage, fealty, and escuage, and dies, his Heir male being within Age of 21 years, he shall be in ward until 2● years, and if he were not in ward but were of full age, that is, 21 years, than the Lord shall have a 100 s. for a whole Fee for relief, and if he hold by a moiety 50 s. and so who by more, more, and who by less, less. Litt. fol. 24. But by Marlebridge chapped. 17. If the Heir within age be in ward and at full age, the Lord will not suffer him to enter without Suit, but holds him out to have relief, or otherwise holds him out that he cannot enter without plea, he shall have a Mortdancester against his Guardian, and recover his damages. Fitzh. fol. 196. F. If one holds of the Lord in Socage, that is by fealty, and 10 s. payable at a certain day and dies, than the Lord shall have 10 s. for relief over the 10 s. which he pays for his Rent, and such relief is due forthwith of what age the Heir be, so that he pass the age of 14 years, But if he hold by a Rose, that shall not be paid forthwith, but when the time of the year is that they grow. Litt. fol. 28. And this relief by Bracton and Britton is not so properly to be called relief, as that which is paid at full age by him that holds in Chivalry, 16. H. 7. fol. 4. and 18. Ed. 3. Tit. avowry 99 Note when a man holds of the King in chief, and of other persons by Knight's service, The King shall have the Ward of all, and the Heir shall pay relief to every Lord at his full age, 24. Ed. 3. fol. 8. & fol. 24.39. Ed. 3. tit. 1. the same, 26. H. 8. fol. 8. the same, and Nat bre. fol. 95. notwithstanding see Stamf: Title Prerogative. The Father dies seized, and the eldest brother of full age, dies before that he enters, and before that he hath possession in deed, the youngest brother being of full age, he shall pay two releifs, one for the death of the Father, the other for the death of the Brother, for that that both were Tenants to the Lord, Time of Ed. 1. Tit. 12. and 13. Ed. 3. Tit. 6. the same. If my Tenant enfeoffs his son and Heir of full age and dies, before the Son gives notice to me, I shall have relief of him, for that that his Father died my Tenant, to the avowry, 7 Ed. 3. chap: 11.17. Ed. 3. fol. 3. Inquire. See 3. H. 6. fol. 47. Where Land is given to the Father for life, the remainder to his right Heirs, the which tenements are held by Knight service, the Father dies, his Heir of full Age, he shall pay relief, 32. Ed. 3. fol. 4. Estate is made to the Father for life, the remainder in tail to his eldest Son, and his Wife, the remainder to the right Heirs of the Father in fee, the father dies, the eldest son and his Wife die without Issue, the youngest son is in by descent, and shall pay relief, 40. Ed. 3. fol. 9 Gift is made to one in tail, the remainder to the right Heirs of J. S. which was dead, Donee dies without Issue, T. S. had that as right Heir, but is in as a purchasor, and for that shall not pay relief. 12 Ed. 4. fol. 2. A Lease for life, the remainder to the right Heirs of J.S. tenant for Lease dies living J.S. the remainder is void, and J.S. and his Heir shall not be said in by descent to pay relief, 9 H. 6. fol. 23. Lease for life, the remainder to the right heirs of J. S. and J. S. hath Issue T. S. and dies, T. S. shall pay no relief, for he is in as purchasor, 11. H. 4. fol. 72. Lease is made to one for life, the remainder to another in tail, the remainder over to J. S. in fee, he in remainder in tail dies, his Issue of full age, he shall pay no relief, for tenant for life is tenant, but when tenant for life dies he shall pay relief 33. H. 6. fol: 5.6. Lord and tenant, the tenant lets for life, the remainder in fee to another, and he in remainder dies, his Heir of full age shall pay no relief, for the tenant for life is tenant to the Lord, Fitzh. 142. B. Where an estate is to the husband and to his Wife: and to the Heirs of the body of the husband, the remaindet to the right Heirs of the husband, the husband hath Issue of full age and dies, the Wife is tenant to the Lord, and for that the Issue shall not pay relief when tenant for life dies he shall pay relief. 5 Ed. 4. fol. 10. If the Heir of full age recover, In a (whilst he was not Compos mentis, or in dum fuit infra aetatem) or if his Father had made a feoffment upon condition, and he enters for the condition broken, he shall pay relief, 11. H. 7. fol. 12. Tenant in fee farm upon descent shall pay no relief, for that that his rent is intended the very value of the Land, 45. Ed. 3. tit. 8. B. old tenors the same. 20. H. 7. fol. 1. Debt lieth for relief by Brud: Debt (is said) lies by the Lord for relief, but it is held clear, that Executors of the Lord shall have debt for relief. So it seems one may have debt for relief or distrain, 39 H. 6. and 32. H. 8. Brook. Relief. 11. Notwithstanding that by will in writing, Lands are devised to another in fee, yet the Lord may have relief and harriots, and may distrain for relief and hariott, as he might have done before the making of that statute, and though this statute never had been made, 32. H. 8. ch. 1. Note that relief shall be paid to the Lord which hath an estate in fee; or in tail, for life or for years, for that it is a Perque Site incident to the Lordship, and if the Lord dies, his Executors shall have the relief due to him. The tenant shall pay but once relief in his life time, & he shall not pay again by change of the Lord, Britton fol. 177. and Bracton accordingly, and says, but once as long as the Heir lasteth, 34. Ed. 1. Tit. Anowrie 233. fol. 1. If the relief be due to the Lord, and the Lord dies, that shall be a chattel to his Executors. 14. H. 4. fol. 8. If one be enfeoffed before the statute to hold by a penny, for all services, exactions, and all demands, yet relief shall be due by Sherne. Magna Carta chap. 2. If any holds of the King in chief, and owes us relief, he shall have his Inheritance by the old relief, that is, the Heir or heirs of an Earl of a whole County by a 100 l. the Heir or heirs of a Baron of a whole▪ barony by a 100 marks, the Heir or heirs of a Knight of a whole Knights fee 100 s. at the most, and who less hath, shall give less according to the old custom of the Fee. Magna Charta chap. 3. After the Heir be in Ward, when he comes to age, that is 21 years, he shall have his Inheritance without Relief. By Glanvile and by Littleton for a whole service of a Knight, he shall pay for Relief a 100 s. and to that agrees the Stat. of Mag. Char. Chap. 2. and the Statute is over the heir or heirs of a whole Barony 100 Marks, and the heir or heirs of an Earl of a whole Earldom 100 l. and Lit●f. 35. saith, that Tenant by grand Serjeanty shall pay for relief, the value of his Land by a year, beyond all reprises. If any hold of any Escheat, as of the honour of Wallingford, Nottingham, Bullen. and other Escheats which are in our hand, and are Baronies and dies, his heir shall give no other relief than the Barons did, Magna Charta chap. 31. Note that hariot service is to be paid by the common Law upon descent, as Relief is to be paid upon difcent, and for that where Relief shall be paid, let us see where one shall be said in by descent, in the title of descent before. Where land is given to be held by Homage, and having his services, rendering yearly four Marks, for all services and demands, yet relief shall be paid, for relief is a thing which grows by reason of services, and is incident, 18 E. 3. tit. avowry 99 Bracton saith, he shall give relief, which succeeds by hereditary right, but not he that purchaseth. All Purchasers are quit of relief all their lives of land purchased, and also those which held only for life, and also those who have married Wives, which have been in ward to their Lords, nor he which was in ward to the Lord, aught to pay relief, Brit. 177. If Mesnalty descend to a Tenant, he shall pay the relief if he be of full age, & holds by Knight's service, and if within age, shall be in ward, where a Reversion of Tenant for life descends to one he shall pay relief, but otherwise it is, if one Tenant levy a Fine to one and his heirs, which dies before entry, and after the heir of the Conisee hath execution by (Scire facias) he shall not pay relief, so it is if the Father recover in value or in Mortdancester and dies, and the heir hath Execution by Scire facias, shall not pay relief, 11 H. 7. f. 12. No feoffment upon collusion nor use shall defeat relief nor any other fraudulent gift, Rastall, Uses 7. Rastall, Fraud 1. Covin. for they are uses executed, relief shall be paid as well as of lands by the Statute, 19 H. 7. chap. 15. and also by the Statute of 13. Eliz. chap. 5. All fraudulent acts are void against their Lords, as touching their Hariots and releifs. If there are two Daughters, one within age and in ward, and the other of full age, she shall pay relief for her part. Abbot nor Corporation shall not pay relief after the death of the Predecessor, for that, that they are in by election, and not by descent, and the Corporation doth not die, 8 R. 2. Tit. 14. But by that book, one by prescription or Deed, may have relief after the death of every Abbot, or Prior, Statham 3 Ed. 3. Tit. 162. Opinion is that after receipt of Homage, a man cannot avow for relief. But Glanvile and Lit. say, that it is due immediately after full age, that is, if they hold by Knight's service, and by Lit. if they held in Socage it is due forthwith as before it is said, if he pass the age▪ of fourteen years, 15 Ed. 3. Tit. 5. Britton fol. 178. No relief be given before that the Lord be seized of his Homage, nor before that the Lord have delivered him the writings of his Heritage, if he have them, Magna Charta chap. 3. The Lord shall not have the custody, before he hath taken homage, but the Law is contrary at this day, see, Title fealty, Br. 9 Suit. OF making Suit truly, etc. none that by Deed is infeofted etc. doth not make Suit to Court, unless it be specified in the Deed, unless he and his Ancestors have used to make it, and if he be distrained to make it in another manner, it is against the form of the Feoffment, and where the writing is, to hold by certain service, for all services as to hold by Fealty for all services, shall make no suit. Marlb. chap. 9 And over, Rastall, Suit. 1. If the Inheritance, hath more heirs, let it be appointed, that he that hath the eldest part, shall only make suit for himself, and partakers, and let them contribute, the same Law is of joint-tenants, Marlb. chap. 9 Fitzh. 162. C. Where two Coparceners make partition, and one aliens her part to one, and the other he● part to another, the Lord may distrain which he pleaseth, but if one make the suit, that shall discharge the other, 24 Ed. 3. Tit. Br. 4. By Tremaile it is said, that suit real is due by reason of the Body, that is for that, that the Body is resident within the precinct, and not by reason of , and this is due at the Courts Royal, as at the Courts of the King or Queen, as at Leets and Wapontakes, which are the Courts of the King or Queen, and suit service is by reason of , that is, by reason of their Tenure, that is, for that they hold of their Lord by suit to his Court, 45 Ed. 3. f. 23. If a man have lands within the Precinct of divers Leets, and be resident within only one, he oweth Suit but to that, and if he be distrained to come to another Leet, he shall have a special Writ that he shall not distrain him, and that is by, Marlebridge chap. 10. Fitzh. f. 160. B. If there be three or four Coparceners and the eldest makes the Suit, she shall have a Contributione facienda, Rastall, County 2. against the others, to be Contributaries; the same Law is, where one joint-tenant makes the Suit for all by agreement, Fitzh. f. 162. C. and 1 H. 4. f. 3. A. If there be two Coparceners, for which one Suit ought to be made, and the eldest Sister will not make the Suit, than the Lord may distrain the other Coparcener, as well as the eldest; and then she shall have a Writ against the eldest Sister, to compel her to make the Suit, Fitzh. f 159. E. Fitzh. 159. C. If lands descend to many Coparceners, of which one Suit ought to be made, if the Land be held of the King, than all the Coparceners ought to make the Suit, as well after partition▪ as before, during the time that one is in the King's Ward: The Signiory is suspended of another Lord, which cannot distrain. And so during the time, cannot distrain for Suit to the Lords Court, 13 H. 7. f. 15. Fitzh. f. 158. C. Fitzh. 158. Where the Tenant holds his Land to make Suit to the County-Court, or to the Hundred, or other Courtbaron, wapontake, or Leet, and he that ought to make the Suit is in ward to the King, or to his Committee, his Guardian shall have a Writ, De exoneratione Sect, if he be distrained, Fitzh. 157. a. And if he do, the King or the Committee shall have a Writ of Exoneratione sect, to surcease, Fatzh. 157. A. and 2 Ed. 6. chap. 8. Doth not alter in the common Law in this point for suit to the Court, 4 Ed. 4. f. 23. and see 20 Book Ass. 17. that the Signiory is suspended for the time. Where one in ward of the King, and oweth suit to another Lord, which distrains him, the King or his Committee may have a Writ of Exoneratione sect, during the time that he is in ward, Fitzh. 158. a. If the King hath Lands by Forfeiture, or by Escheat, and lets them for life or at will, and the Lord of whom they are held will distrain for suit to his Court, the Lessee shall have a special Writ to surcease, Fitzh. f. 159. A. If Lands held of the King descends to many Coparceners, than all the Coparceners ought to make the Suit, as well after partition as before, Fitzh. f. 159. C. If Tenant of the King alien parcel of the Land held of him, yet the King or his Officers may distrain one of the Tenants for all the Rent, for though West. 3. chap. 3. be that the Feoffee shall hold for that part, that the Statute shall not bind the King, but another person cannot distrain, but for the rate, Fitzh. f. 335. a. But I say, if one holds two Acres by suit of Court, and aliens one Acre, the Feostor and Feoffee shall make both suits, 43 Ed. 3. f. 4. b. If two are severally enfeoffed by one Tenant which holds of one Manor, of the King, every of them shall make suit, 45 Ed. 3. Tit. Bar 211. Suit by two is not severable, for if the Lord purchase parcel, the whole suit is extinct by Mowbray, 40 Ed. 3. fol. 40. fee Littleton. fol. 49. for suit cannot be apportioned, for that, that there cannot be contribution, for the Lord cannot, etc. Where one holds forty Acres by Fealty and Rent, and the Lord purchase twenty Acres of that, the Rentin Assize shall be apportioned, 4 Book of Ass. 5.3. Book of Ass. 18. Littleton f. 49. Time of Ed. 1. Tit. avowry 226. Where ten Acres are held by Fealty and Rent, and these ten Acres come into several hands, the Lord may distrain every one but for his portion, by West. 3. chap. 3. for that is, there shall departed from the chief Lord that part of the service to be taken by the hands of the Feoffee, according to the quantity of the Land. Rend service shall be according to the value of the land purchased, and not according to the quantity, 18 E. 2. tit. Rastall, Attorney 4. avowry 218. Lord and Tenant, and is seized of two Courts, that is, one in D. and another in S. and the Tenant holds of the Manor of D. by suit to this Court, and by agreement of the Lord, the Tenant makes his suit to the Manor of S. aster that the Tenant cannot have, against the form of the Feoffment and disagree, but the Lord may disagree and distrain him to come to his Court of D. again when he pleaseth, though it be that he hath come to S. by the agreement by forty years or more, Nat. Bre. 106. 3 Ed. 3. Tit. Action upon the case 24. Partition is between two Coparceners of a Manor, that is, that one shall have the Demesnes, and the other the Services: Suit of Court is suspended, but if one dies without Issue, the suit is revived, 12 H. 4. f. 25. If land be held by suit, and parcel of that comes to the Lord, the entire suit is extinct and determined, for the Lord cannot make contribution of suit to his own Court, nor take that, 34 Ass. 15. Rastall, Attorney 1. Every Freeman, freely may make an Attorney, to follow his suits for him to his Lord's Court, Merton chap. 10. and Fitzh. f. 156. E. Contra formam Feoffamenti lies, Where a man infeoffs another before the Statute of (Qua emptores terrarum) to hold of him by Homage, Fealty, and Rent, by Deed, and after he will distrain for suit or other services to be made by him, and none shall have this Writ but the Feoffee, or his heirs, Fitzh. 162. E. Nat. Bre. f. 106. If the Lord confirm the Estate of his Tenant to hold by certain service, the Tenant shall have a (contra formam Feoffamenti) upon this confirmation, 10 H. 3. tit. avowry 243. & 26 Ed. 3. tit. 246. Note as it is aforesaid, that suit of Court is not incident to a Tenure, but is due by Formam charte, or by prescription, as before the said Statutes, Lords are to distrain every Tenant to make suit to their Courts, and that suit is called suit service. If a man seized of two Acres held by one Hawk, makes a Feoffment of one, the Feoffor shall hold by one Hawk, and the Feoffee by another, Littleton fol. so shall it be of suit of Court, Brook Tenure 64. Tenant in Dower shall not make Suit if the Heir have sufficient land to be distrained, Naturae Brevium fol. 159. B. Tenant in Fee. It behooveth, that the Steward shall have knowledge of all manner of Estates, because of making surrenders of Copy-holders', and also because of their Suits, Wards, Releifs, and Services, for if the Steward do not know the Estates of the Tenants, how can he do Justice. And for that something ought to be said of Estates, and first of an Estate in Fee. WHere lands are given to the Abbot of Battle, and his Covent, he hath Fee, for that, that they are a Corporation, and Corporation i● intended to have continuance, 11 H. 4. fol. 84. Br. Inquire and see in the next case. Where land is given to Mayor and Comonalty of London they have Fee, without more saying, that is, without saying to have to them and their Successors, 11 H. 7. f. 12. Notwithstanding it seems, that Spiritual Corporation may die in some case. If I have Common in the Land of an Abbot, and I release to an Abbot, and not to him and his Successors, the Common is extinct, but not for the life of the Abbot, 26 H. 8. fol. 6. Where land is given to two, to have and to hold to them and heirs, and (Suis) is left out, they have but an Estate for life, and not Fee, 19 H. 6. f. 73. & 20 H. 6. f. 35. the same. Devise to one for ever, be to him and his Assigns for ever, he hath Fee, 19 H. 6. f. 9 Where a Devise is to one without more, that is, is not said what Estate is for life only, 22. Ed. 3. Where a Devise is to one and his Heirs Males, he hath tail and not Fee, 27 H. 8. f. 32. If land be given to one, to have and to hold to him and his Heirs Males, he hath Fee, Littleton fol. 6. and 9 H. 6. fol. 25. A man devices his land to one, to give and sell, or to do with that at his will and preasure, he hath Fee without more, 19 H. 8. f. 9 and 7 Ed. 6. Tit. Devise 39 If a man devise his land to J.S. paying to J.D. a 100 l. J.S. hath Fee, but if be devise to J.S. without more, he hath but for life, and in the first case, if he do not pay that in his life time, yet if his Heirs or Executors pay it, that sufficeth, therefore it seemeth payment is not a condition there, 29 H. 8. Tit. Testament 18. If lands are given to an Abbot or Prior, to have to him and to his heirs, yet he hath not an Estate but for life, for that, that his heirs cannot inherit; otherwise it is, where land is given to a Bishop, or Parson, and his Heirs, for they have Fee, 94 H. 5. f. 9 If lands be given to B. for life, the remainder to C. in tail, the remainder to the right heirs of B. the Fee is vested in B. if C. die without Issue in the life of B. as well as if the remainder were given to him and to his right heirs, and the right Heir of B. shall be in by descent, if C. die without Issue, and not as a Purchasor, 18 Ed. 2. Tit. 109. If Tenant in Fee bargain and sell his land by Deed Indent, and enrol within six Months to another, though it be not to have to him and his heirs, he hath in Fee, 27 H. 8. f. 6. and fol. 10.32 H. 8. Tit. conscience the twenty fifth the same. If lands be given to J.S. to have to him in Fee simple, yet he hath no Fee but for life, 20 H. 6. fol. 36. But if land be given to one to have to him and his heirs so long as such a Tree grows, hath Fee determinable, 27 H. 6.29. B If a man lets land to J.S. to have and to hold to him and his heirs for term of the life of J.D. he hath Fee determinable, for if J.S. die, living he for whose life, the heir of the Lessee may enter, and not a stranger as Ocupans, Lit. fol. 136. 8 H. 4. fol. 14. You shall see the same, 21 H. 8. Tit. Estates 50. and inquire. If a man devises lands to J.S. paying ten pounds to his Executors and dies, J.S. hath Fee by reason of the payment, without words heirs. The same Law is, if one sell his land to J.S. without words heirs, he hath Fee, 4 Ed. 6. tit. estates 78. Lease was made for eleven years, and for security of that, made a Writing, that if he were disturbed he should have Fee, and Livery was made, and hath Fee upon disturbance, 10 B. of Ass. 15. 10 Ed. 3. Tit. Ass. 161. the same. Lease is made to one for twenty years, and the Writing expresseth over, that after the twenty years, that the Lessee and his heirs shall hold it for ever, paying ten pounds, and Livery is made, he hath Fee forthwith; for if the Lessor takes a Wife within the twenty years and dies, she shall recover Dower by award of the Court, 31 Ed. 3. tit. Feoffment 119. If a man lets for nine years upon condition, that if the Lessee be disturbed within the term, that the Lessee shall have Fee; if the Farmor alien before disturbance, this is disseisin to the Lessor, for the see is not in the lessee before the condition broken, 43 Book of Ass. 41. If Lands be granted to one for five years, upon condition that if he shall pay to the Grantor within the first two years forty Marks, that then he shall have fee, or otherwise but for five years, and Livery and Seisin is made, he hath fee forthwith upon condition, Littleton 81. See 14 H. 8. fol. 25. Diversity where the condition is precedent and where subsequent. The Lord Lovel let to W. for life, and if the Lessor died without Issue of his body, W. should have Fee, the Fee is not forthwith in W. Plowden, fol. 481. Land is given to the Husband and his Wife in special tail, the remainder in Fee to the Husband, which deviseth the Fee to his Wife, and dies without Issue, the Wife is seized in Fee, 27 Book of Ass. 60. Lit. fol. 31. B. If a Woman be seized in Fee, and deviseth that to her Husband and his heirs, and dies, he hath no Fee, Natura brevium, fol. 88 3 Ed. 3. Journey to Northampton, 33 Ass. 3. the same, 18 E. 4. fol. 11. B. 18 H. 8. tit Patentees 104. The King gives Land to J. S. and to his heirs males, adjudged that the Grant is void, for that that the King is deceived in his Grant, for this sounds in Fee simple, whereas it is said, the King intended but an Estate tail, which is not so expressed: And therefore now he is but Tenant at will; and contrary in the case of a common person: For Littleton, fol. 6. saith, Lands are given to another, to have and to hold to him and his heirs Males, or to his heirs Females, or to whom the gift is made, hath Fee in a common persons case, for that there is no limitation in the gift, of what body. 6 H. 7. fol. 13. If Office be granted to one for life, and after the King grants that to another, and doth not recite the first Grant, the King is deceived, and it seems that the second Grant is void. 1 H. 7. fol. 13. Where the King of mere motion, forgave A B of all his Debts, and was Sheriff, and after in the Exchequer he pleads that as Sheriff, and held for that that it is of his own motion, and is general, yet he may plead that, and it is a good Bar: Otherwise it is, where it is by suggestion, for where it is of mere motion, it is intended the King is not deceived; but it seems if the King pardon one all his Debts, he as an Executor shall not take advantage of that: The same Law is, if two be indebted, and the King pardon one, the other shall not take advanrage of that, for it was the only debt of him. 9 H. 7. fol. 2. Where a Grant of the Kings is of his mere motion, and the King recites, that where he hath granted by his Patent, he ratifies and confirms, and over (We give and grant) this (give and grant) is not, but void, for the King is Estopped to say the contrary, but that he granted and ratified that; but if it were, as We are informed, he is not Estopped, and the King there is deceived: And where it is of his mere motion, recited that he holds for life, he is Estopped to say contrary, but if it were, as We are informed, he is not Estopped, and the King is deceived, and he holds not for life. 3 H. 8. fol. 7. held, Where a Grant of the King is not only of his mere motion, but also of suggestion, there if any part of the suggestion be not true, the whole Grant is void. 8 H. 7. fol. 1. Where the King upon information of the party, Grants a Manor which he hath by forfeiture, and hath not that by forfeiture, it is void; for he is deceived: So it is said where the King grants reversion, where there is no reversion, he is deceived, and void. 27 H. 8. tit. Patents 100 It is said for Law, that a false consideration in letters Patents shall not avoid them; as where the King for ten pounds to him paid, gave such Land, and the ten pounds is not paid, the Patent is not void, and shall not be repealed: Contrary of Patent granted upon false surmise, as to falsify that the Land came to the King by the attainder of J. S. which is not true, or such like. 26 H. 8. fol. 1. If the King grants Lands to J. S. and recites for good service he hath done, he grants, and it is not true, yet the Grant is good, though the consideration is false. 27 H. 8. fol. 33. by 6 H. 8. fol. 15. Will, That the second Patent of an Office shall be void, where another Patent is made before, during the will of the King: If mention and recital be not made in the second Patent, of the first Patent made at the will of the King; if the Officer hath Fee it is void; otherwise it is if he have no Fee, as it seems, 3 H. 7. fol. the last. 6 H. 7. fol. 13. the same. Where the remainder in Fee depends upon determination of Estate, and where upon Condition, and where upon Contingent. Husband's and his Wife seized in right of his Wife in tail, the Husband enfeoffs other two, so long as J. S. and seven other persons live together, and if it happen any of them to die, that then the remainder to the Husband and his Wife, and to the heirs of the Wife, and J.S. dies, and the Husband and the Wife enter, as they may, for the remainder depends upon determination of Estate, and not upon condition, for death is certain, and for that the Estate is determined, 18 H. 8. fol. 3. 18 Ed. 3. fol. 2. A Fine was levied to the Husband and his Wife, and to their heys Males, of their two bodies begotten; so that if the Husband died without heir Male, that that should remain to the right heirs of the Husband, and is received, for that doth not depend upon condition, but upon a limitation upon contingent of death which is certain. 27 H. 8. fol. 28. A Fine upon grant and render, by which the Conisee grants and renders to the Conisor, the Lands in tail, upon condition that the Conisor and his heirs, shall carry the Standard of the Conisee in Battle, and if the Conisor or his heirs fail, that then that shall remain to a stranger; this depends upon a condition, and by Fitzherbert, Fine cannot be taken upon a condition, but if it be taken it is good: And by Fitzherbert, the Fee is in the stranger forthwith, before the Tenant for life dies, otherwise it takes no effect, for this word (that then it shall remain) refers to the possession of the Lands; that is, that then the possession of the Land after the death of the Tenant for life should remain; but if one let for life upon condition, that if he die, etc. the remainder to a stranger, that is in him presently. Plowdens' Commentaries, fol. 487. Nichols Case; If a Lease be made upon condition, that if the Lessee pay certain Moneys within the term, that he shall have it in Fee, he hath no fee forthwith, but upon the payment; but it seems, this varies from the remainder. If a man makes a Lease for life upon condition, that if the Lessor die without Issue, that then the Lessee shall have fee, the Lessee enters into Religion, and after the Lessor dies without Issue, and after the Lessee is drawn out of Religion, he shall not have fee; in so much that at the time of the condition the fee could norvest in him. 21 H. 7. fol. 11. Gift is in tail upon condition, that if he alien in Fee, that his Estate shall cease, and that this shall remain to a stranger, it is not good; for an Estate of Inheritance cannot cease, also it cannot remain without particular Estate, and it cannot be upon a condition repugnant. Where your Tenant hath the fee in him in expectance, and not executed in him, and where it is executed in him. A Lease to the Father for life, the remainder to the eldest Son in tail, the remainder to the right heirs of the Father, the Father dies, and the eldest Son dies without Issue, the youngest Son shall pray relief, and the Fee was but in expectance, 40 Ed. 3. fol. 9 A gift to three Brothers for life, the remainder to the middlemost in tail, the remainder to the right heirs of the elder in Fee; the middlemost and the youngest dye without Issue, the Fee is executed in the eldest, 40 Ed. 3. fol. 20. Tenant for life, the remainder to J. S. in tail, the remainder to the right heirs of the Tenant for life, the Tenant for life is impleaded, and hath aid of him in remainder, for that that the Fee is in expectance, 41 Ed. 3. fol. 16. Lease for life, the remainder in tail, the remainder to the Tenant for life in Fee, yet if he make waste, he shall be punished in waste, for that he hath the Fee in expectance, but not executed, Fitzh. fol. 60. B. Gift in tail, the remainder to his right heirs in Fee, this remainder is not executed, yet it is in him to grant, Perkins, fol. 19 12 Edw. 3. the same, and 7 H. 5. fol. 2. the same. Where one hath an Estate in tail, Rastall, Treason 12, 19 the remainder to his right heirs, and is attaint of Felony, he shall forfeit the Fee, but the Issue hath the Estate tail, 12 H. 4. fol. 3. But by the Statute of 5 Ed. 6. chap. 12. and 26 H. 8. chap. 13. One attaint of high Treason against the Queen, the Issue shall not have the Land entailed, 7 H. 8. fol. 48. Fitzh. fol. 30. B. Tenant in tail. Land is given to R. and Katherine and to their Heirs, and to the other heirs of the said R. If the said heirs of the said R. and K. Issuing die without heir of them, it is an Estate tail, 5 H. 5. fol. 6. Perk. fol. 35. a. LAnd was given to one and to his Heirs, if he have Issue of his Body begotten, and if not, that the Land should return, it is an Estate tail, 35 Book of Ass. 14. Land is given to one to hold to him and his heirs, if he have an heir of his own flesh, and if not, it should return, it is an Estate tail, 37 Ass. 15. Land is given to one, to have to him and the heirs of his Body, and to one heir of the said heir only, it is and estate tail for two Descents at least, Plowdens' Commenfol. 39 Book of Assizes 20. Gift to the Brother and to his Sister, and to the heirs of their two Bodies begotten, is an Estate tail, that is several tails, 18 Ed. 3. f. 39 and 17 Ed. 3. f. 51. Land is given to a married man, and to a woman married to another man, and to the heirs of their Bodies begotten, they have an Estate tail presently, 15 H. 7. fol. 10. If Lands be given to one, to have and to hold to him, and his Heirs. And if it happen that he die without heir of his Body, than it shall remain, etc. It is an Estate tail, 5 H. 5. f. 6. and 19 H. 6. f. 75. the same. Land is given to the Husband, and to his Heirs of the Body of Margaret his Wife begotten, though that Margaret were dead at the time of the gift, it is an Estate tail, 12 H. 4. f. 2. Lit. f. 6. Lands was given to the Husband and his Wife, and to their heirs saving the reversion, it is an Estate tail, 9 Ed. 3 Statham. Lands were given to Maude, late the Wife of John Mandevill and to the heirs of the said John which he begot of the body of the said Wife, the Wife hath an Estate for life, the Issue an Estate tail, 2 E. 3.7. & 17 E. 2. Tit. Fitzh. 23. Tail 7. & 23. Where lands were given to one and his Heirs, of his body begotten, before the Statute of Westm. 2. he had fee conditional, and after Issue had, had power to alien, and now by the Statute they have tail, Lit. f. 3.12 Ed. 4. f. 3.19. Ed. 2. Tit. 61. and 18 Book of Ass. 5. the same. A man gives to the Husband and his Wife for their lives, and the longest liver of them, the remainder to the Heirs of their Body, this is a good entail executed immediately, 35 H. 8. Brook. Estates 75. Lands are given in frankmarriage, to have to them and to their heirs, it is said that they have Fee, but if it were given to them in tail to have to them and their Heirs, they have tail and Fee expectant, 45 Ed. 3. fol. 20. and 32 Ed. 1. there Fitzh. Tail 25. it is adjudged tail. If Lands be given to a man and his Wife in frankmarriage, to have to him and to his heirs, they have tail, for the frank-marrying shall not be defeated by these Words afterwards, 31 Ed 1 Tit 25. Lands are given in Frankmarriage, the remainder over to a stranger, and for that it cannot be an acquittal, it shall be called special entail, 31 Ed 3 Tit guard 116 and 17 Ed 3 Tail 2. Gift to one in tail, the remainder to his right heirs, he hath tail and Fee expectant, 7 H 5 fol 2. Lease is made for life, the remainder to another in tail, the remainder to E. Daughter of the Earl of Arundel, in tail, saving the Reversion, and all dye, and E. is heir to the Donor, and hath tail as Purchasor, but she hath fee expectant, and she shall have aid; but not age if she be within age, for that, that the Fee is but in expectance, 40 Ed 3 f 13. 24 H. 8. Tit. 33. Tenant in tail hath Issue and aliens with warranty and levies Assets and dies, the Issue cannot recover by Formedon, for the Warranty and Assets is a Bar, and if the Issue alien the Assets, his Issue shall not have Formedon, but his Issue shall have a Formedon, for no Assets descends to him. 35 H. 8. tit. 39 Land is given in tail to the King, and after the King by his Patent lets for years, or for life, and hath Issue and dies, the Patent is void, for it is no discontinuance, Tit. Descent 35. for a Grant without livery doth not make discontinuance. 32 H. 8. If Tenant in tail lets for years, and dies without Issue, the Lease is void, and he in remainder may enter. 5 Ed. 4. fol. 2. Tenant in tail shall not have a (Quo Jure) nor (Ne vexes) for they are Writs of Right. 14 Ed. 4. fol. 6. If one recover in a Writ of Right against Tenant in tail, of a Rent, he hath Fee till he be defeated. The same Law if tenant in tail be disseised, the disseisor hath fee till he be defeated, and so hath the discontinuee. 39 Ed: 3 tit: 18: Tenant in tail of a Lordship, by default of entry within a year after the alienation, of the land in Mortmain, may prejudice him in remainder in tail, and by consequence his issue. Fitzherbert 224: Tenant in tail shall have a (Quod permittat) Fitzherbert 136: shall have a Writ of Mesne, Fitzherbert 151 O: shall have a Writ of customs and services in the Debet and Solet, Fitzherbert 134 C, shall not have a Writ of (Rationabilibus divisis) which is a Writ of Right. Fitzh. 10. D. The issue in tail shall not be estopped, by Seisin of more rent in the time of his father, and for that he shall not have a (Ne vexes) but may avoid that in avowry. Fitzh. fol. 9 If Tenant in tail hath Issue two Daughters, and one enters in all, the other shall have a Formedon, and not (Nuper obiit) nor (Rationabili parte.) Fitzh. 39 If Tenant in fee of an advowson be disturbed, he shall have a Writ of Right of advowson: But Tenant in tail of advowson if he be disturbed, shall have a Quare Impedit, and not a Right of advowson, Fitzh. 105. S. If Tenant in tail be barred in a Formedon by false verdict, and after releases and dies, his heir shall have Attaint. Fitzh. 158. L. The Issue in tail shall have Detinue against the Discontinuee for the deed, by which the land was given in tail. Fitzh. 155. If Tenant in tail lose by default, and dies without Issue, he shall not have (quod ei deforceat) but a formedon. 7 H. 4. fol. 48. Tenant in tail before the Statute had fee conditional, and now by the Statute hath tail, and for that shall not forfeit for Treason nor for Felony, but that the Issue shall inherit; but by the Statute now he shall forfeit for Treason, Nat. bre: fol. 102. If tenant in tail be attaint for Felony, his Issue shall inherit. 12 H. 4. f. 3. If tenant in tail forfeit his land, his Issue shall inherit, and yet his wife shall not be endowed, by Hank. Litt. fol. 11. If a man be seized of land, and commits felony, and after aliens, and after is attaint, his wife shall have a Writ of Dower against the Feoffee, by Navisor: But if it be escheated to the King or Lord, she shall have no Writ of Dower, see 8 Ed. 3. contrary in the like case Nat. Brevium fol. 101. If tenant in tail commit felony, for which he is attaint, the King shall have escheat for his life. 5 & 6 Ed. 6. cap. 11. Where the Husband commits high treason, the Wife shall not be received to demand her Dower. Perkins fol. 61. If tenant in general tail takes a Wife, and hath Issue by the same Wife, and the Husband is attaint of felony and dies, his Wife shall not be endowed, and yet by the Statute of Westm. 2. cap. 1. the Issue shall inherit. Stamf. fol. 194. By the Common-Law the offender in felony or treason shall forfeit the title that his Wife shall have by the marriage to be endowed of the land. But by the Statute of 1 Ed. 6. cap. 12. though any person be attaint, convict, or outlawed of any misprision of treason, murder, or felony, yet their Wives shall be endowed. But by 5 & 6 Ed. 8. cap. 11. it is otherwise of treason, as afore is said, see 5. Eliz. cap. 1. & cap. 11. 18 Eliz. cap. 1. for certain treasons. 19 Ed. 2. tit. 61. Fitzh. Before the Statute of West: 1. after Issue had, tenant in tail hath power to alien, but not before Issue had. 4 Ed. 3. tit. 22. Fitzh. Land given in special tail, to have to them in fee, and if they die without Issue of their body, that the land shall revert, etc. this is adjudged a special entail. 24 Ed. 3. tit. 4. Fitzh. If lands be given to two Husbands and their Wives, and to the heirs of their bodies begotten, it is held clearly that this is a several entail, that their Issues shall have several actions. Littleton fol. 52. If lands be given to two men, and to their heirs of their two bodies begotten, the Donees have joint estate for their two lives, and yet have several inheritances, that the Issue of one shall have one half, and the Issue of the other the other half, 8 book of Assize 33 the same. 30 book of Assize 9: by Shared, If the Ancestor at one time was seized of an estate tail, and after purchaseth in fee, and after charges the land and dies, and his issue enters, he shall hold it discharged. 18 Ed: 2 tit: 856. Lands given to one, and the heirs of his body to be begotten, is a good entail, and the issue before as after shall inherit. 4 Ed: 2 tit: 22: Lands given to the Husband and his Wife, and to the heirs of their bodies, to have to them and their heirs, and if they die without heirs of their body, that the land shall revert, and adjudged a special entail. 2 Ed. 4. fol. 6. Land is given in tail to be held of the chief Lords, it is a void (Tenendum) and shall hold of the Giver, 3 book of Assize 8. 4 H. 6. fol. 19 27 H. 8. f. 31. If Tenant of the King makes a gift in tail without licence, the King may choose the giver or the to whom it is given for his Tenant; but if he take the ward of one, he shall not have the other. 5 H. 4. f. 3. Where lands was given to Eme, to have to the said Eme, and the heirs of the body of john, late her Husband, the remainder to the right heirs of Eme, and for that the heirs of John were not named before the habendum, he hath nothing, but Eme hath an entail, etc. 12. H. 4. f. 2. Where lands was given to J.M. and to the heirs of the body of Eliz. late his Wife begotten, and though Eliz. was dead at the time of the gift, yet this is a good entail that W. the issue of J.M. of the body of Eliz. shall inherit. Littleton 6. If a man have issue a Son and dies, and land is given to the Son, and to the heirs of the body of his Father begotten, this is a good entail, and yet the Father was dead at the time of the Gift. What Acts by Tenant in tail, shall bind his issue and others, and what not. TEnant in tail, the reversion to the King, Rastall, Recoveries. 4. makes a feoffment and dies, his issue enters, and is Tenant in tail, for he cannot discontinue: And 34. H. 8. chap. 20. If he suffer common Recovery, or Vourcher, where the reversion is in the King, this shall not bind the issue, 40. Ass. 36. Fine levied by tenant in tail in possession, reversion, Rastall, Proclam. 3. remainder, or in use, of full age, with Proclamation according to the Statute of 4. H. 7. chap. 12. immediately after the Fine levied and Ingrossed, and Proclamations made, shall be a Bar against the Tenant in tail, and also against his heirs claiming the tail. But if Tenant in tail, the reversion in the King, levy such a fine, Rastall, Fines 9 this is in such force and effect, as it was before the making of this Statute, and not otherwise, 32 H. 8. chap. 36. See 30 H. 8. tit. Barr the 97. Assurance 6. Tenant in tail is bound in a recognizance, and execution is sued by Elegit, and this land entailed, is delivered in execution, and the Tenant in tail dies, after that his issue may enter, notwithstanding this Act, without suing Audita querela, 38 book of Assisse 5. Tenant in tail grants a rend charge and dies, the issue enters and enfeoffs I. S. and takes back an estate, the charge is determined, for by the entry of the issue, the rent was extinct, notwithstanding execution upon the Statute was executed against the Feoffee of the Tenant in tail, and not against his issue, 14 Book of Assizes 4. Inquire and see the case of Traps, Blow. Com. f. 436. 5 H. 7. f. 12. Rend charge is granted by Tenant in tail, and after he dies, this is determined. If issue in tail be outlawed of felony, in the life time of his father, and hath a Charter of pardon in the life time of his father, and after the father dies, the issue may enter, otherwise it is if the Charter were granted after the death of the father, for than if he enter, the King shall seize for his life, but his issue may enter, 29 Book of Assizes 60. If Tenant in tail be bound in a Statute Merchant, and hath issue and dies, and execution is sued against the issue, this is disseisin to him, 17 book of Assize 21. If Tenant in tail grant a Rend charge and dies, the Rent is determined, and shall not bind the issue, 5 H. 7. f. 14. B. 38 Ed. 3. tit. 13. Tenant in tail chargeth the land, enters into a Statute or Recognizance and dies, it shall be void against the issue. If one recover against the Tenant in tail, and the Tenant in tail dies before he which recovers enters, or hath execution, the issue in tail may enter, and is not bound by that, 7 H. 4. f. 17. B. Littleton f. 155. Tenant in tail of a reversion, acknowledgeth that by fine to one with warranty, and dies, yet this shall not bind his issue, for it is no discontinuance by the Common-Law, 9 Ed. 4. f. 19 But by 32 H. 8. chap. 36. this fine with Proclamation is now a bar after the year. Tenant in tail of Rent, grants that to one with warranty, and dies, this shall not bind the Issue, for it is no discontinuance, but at pleasure, that is, if he bring a Formedon, and then warranty with Assets is a Bar, 15 Ed. 4. fol. 6. 21 H. 7. fol. 10. and 13 H. 7. fol. 10. the same. If the Tenant in tail exchange, or devise his land in tail and dies, this shall not bind the Issue, but that he may enter, for it is no discontinuance, 9 Ed. 4. fol. 22. Tenant in tail grants a Rend charge, for release of right in the Land, this shall bind his Issue after his death, 44 Ed. 3. f. 22. 8 H. 6.23. If Tenant in tail be attaint of Felony and dies, that shall not bind the Issue, but that he may enter by the common Law, 12 H. 4. f. 3. Nat. Bre. f. 102. the same. Tenant in tail of full age, let's for 21. years according to the Statute of, 32 H. 8. chap. 28. reserving the ancient Rent or more and dies, this is a good Lease, and shall bind the Issue. If Tenant in tail let for 22. years and dies, this shall not bind his Issue, but he may enter and our the Lessee, but yet he may have covenant against the Excutors of Tenant in ta●le, though it were not warranted in the Indenture, 48 Ed. 3. fol. 2. 18 Ed. 3. Tit. 13. the same If the father Tenant in tail of land suffers recovery, and execution and dies, or cause collateral warranty to he made, one or other shall bind the Issue until, etc. for it is discontinuance, 3 H. 7. f. 13. The Issue in tail in Formedon may falsify a recovery, by default had against his Father, and also where it is by feigned action, as there was a release made to his Father not pleaded, and so recovery joint, Littleton fol. 155 The Issue in tail is not bound by a recovery against his Father but that he may say that his Father discontinued, and took another entail, and so was seized of another entail, than he demanded time of the recovery, 12 Ed. 4. fol. 15. and 13 Ed. 4. f. 1. the same. The Issue in tail is not bound by recovery against his Father, if his Father were not Tenant, but one J.S. 14 Ed. 4. fol. 2. and fee Ploughed. Com. fol. 1. the case of Mansell. If Tenant in tail infeoffs one against whom a (Praecipe quod reddat) is brought, or (an entry in the Post) and he voucheth the Tenant in tail which made the Feoffment, and he over the common Vouchee, this double Voucher is the most sure conveyance to Bar the Issue, by reason of the recompense in value, and this is the common conveyance at this Day, where there is an Estate tail, and this bars the Issue in tail forthwith, and also is a Bar to him, which hath over that in remainder in tail, by reason of the recompense, which the first Tenant in tail hath by his Voucher, 13 Ed. 4. f. 1. and 27 H. 8. Tit. Recovery in value 28. Recovery upon Voucher against Tenant in tail is a Bar, by reason of the recompense in value, and recovery by Writ of Entry, in the Post, by single Voucher, doth but give the Estate which the Tenant in tail hath in possession, at the time of the recovery, so that if he were in of another Estate then in tail, there the tail is not bound against the Heir, 23 H. 8. Tit. 32. Note that a Fine levied by Tenant in tail, where the remainder is to another in tail with Proclamations, if he die without Issue, he in remainder hath five years to make his claim, and for that recovery is better for it is a Bar forthwith, 30 H. 8. Tit. Recovery in value 30. Of Lands in tail, the Issue in tail shall be bound, and charged of these Lands to the payment of Debt which his Ancestor ought by obligation made to the King, as I take it, 33 H. 8. chap. 39 inquire. Land that a woman holds in Dower of her Husbands, shall be charged where the Husband was indebted to the King, if the Heirs or Executors have not sufficient, but where the title of Dower was before the Debt to the King, otherwise it is, Fitzh. fol. 150. Q. It seems that the Heir in tail, shall be charged for Debt due in the Exchequer to the King, by his Father, if the Executors have not sufficient, Fitzh. fol. 117. C. Notwithstanding, if Tenant in tail Debtor of the King in the Exchequer, die, his Issue shall not be charged, as it is held in Ploughed. Comment. fol. 249. See there, 440. For Debt of the King against the Heir in Fee, 32 H. 8. Tit. Discont. 32. Recovery against the Tenant in tail, the Reversion or remainder in the King in Fee, shall bind the Tenant in tail, and the Issue in tail, but shall not bind the King, but now by the Statute of, 35 H. 8. chap. 20. It shall not bind the Issue in tail but that he may enter, see M. 33. H. 8. Tit. 31. Recovery in value. Seek if the Statute of, 34. & 35. H. 8. Provides for any Issues in tail, but only the Issues of the Donees of the King, for the Preamble speaks only of those, but the Statute is, whereof the reversion or remainder, is in the King, and for that it seems every Issue in tail, where the Reversion or remainder is in the King may enter, but a Fine with Proclamation, by such Tenant in tail, the Reversion or remainder in the King, seems is not remedied by this Statute, but by, 32 Hen. 8. chap. 36. Where Reversion is in the King, is no discontinuance, for though the Heir in tail shall be barred by Fine with Proclamation, after Proclamation made, yet there is an exception in the Ststute, of those whereof Reversion or remainder is in the King, so that it shall not bind such Issue in tail, title assurance, 6. see, 4 H. 7. chap. 24. 37 H●●. Where Tenant in tail is attaint of Treason before the Statute of 26 H. 8. His Son shall have the land, for he doth not claim only as Heir but by the Statute, and by the form of the gift, see the Statute of 5 and 6. Ed. 6. chap. 11. That for high Treason Tenant in tail shall forfeit his Lands, Com. f. 237. 27 H. 8. f. 6. If Tenant in tail sell Trees and dies, and after he that hath bought them cuts them, trespass lies, but if they be cut in his life time, it seems the Buyer may take them. 18 Ed. 3. Tit. Disseisin 92 Where Tenant in tail is bound in a Statute and dies, and his Issue enters, and the Conisee outs him by execution, which is an act of Law, he is a Disseisor. Ploughed. Com. f. 235. before the Statute of Westm. 2. he had but an Estate of Inheritance and that was Fee, but this was in two manners absolute and conditional, and Formedon in Reverter was at the common Law, and Formedon in Remainder by the Statute. 1 H. 4. f. 6. If Tenant in tail by Estoppel, or livery suing, holds of the King and dies, his Issue shall not be Estopped. 43 Ed. 3. f. 14. Presentment to an Advowson in the life of the Tenant in tail, puts him during his life out of possession, but not his Issue. 38 Ass. 5. Tenant in tail is bound in Recognisance, and Execution is sued by Elegit and this Land delivered in execution, and after the Tenant in tail dies, his Issue may enter without suing, Audila querela. 17 Ass. 21. If Tenant in tail be bound in a Statute, and hath Issue and dies, and after execution is sued against the Issue, this is disseisin to him and he shall have Assize though he comes in by process by Law. 14 Ass. 3. It seems if Tenant in tail be bound in a Statute and dies, and after his Issue infeoffs J.S. that the Conisee may have Execution against the Feoffee. 35 H. 8. fol. 38. If the King gives in tail by his Letters Patents, and after the Donee surrenders the Letters Patents to the King, the tail by this is not extinct. 38 H. 8. Tit. 39 Land is given in tail to the King, he is Tenant in tail and cannot have greater Estate than the giver will departed to him, and if the King let for years or for life, or make a Feoffment in fee, and hath Issue ●nd dies, the Issue may enter, for this is no discontinuance. Tenant in Frankmarriage. GIft was to the Husband and his Wife in Frankmarriage, and this may be as well after the marriage as before, 4 Ed. 3. Title Taile 6. Perkins fol. 48. C. If a gift be made with a woman in Franke-marriage, which is not Cousin to the giver, this is but for life. Old Tenors. Gift in frankmarriage with the Son of the giver, his Cousin is no frankmarriage. Time of H. 8. Tit. 10. but Fitz f. 172. H. and 7 E. 4. f. 12. A. by Moil in the Prior of Spaldings case, seems contrary. Gift in frankmarriage, (within the years of Marriage) with a Daughter, and they were divorced at full age, at the Suit of the Husband, yet the Daughter shall have all, for she was the cause of the gift, 19 Book of Assize 2. 19 Ed. 3. Title Assize 83. If a gift be to the Husband and his Wife in tail, and they are divorced, it seems that they have not now but a freehold, and though that they have Issue before the Divorce, that shall not inherit: But if a gift in tail be made to two men, or to one man and his Mother, or Daughter, and to the heirs of their bodies, their several heirs of their bodies shall inherit, for that that they cannot marry, 7 H. 4. fol. 16. and 17 Ed. 3. fol. 51. and Title tail the 15. This is where the Divorce defeats the marriage from the beginning. Gift in Frankmarriage, rendering twenty shillings rend, this reservation is void, 4 H. 6. fol. 22. by Martin: But the old Tenure is contrary, tit. Frankmarriage, and 17 Ed. 3. fol. 66. also contrary. If a gift be in Frankmarriage with his Cousin, rendering Rend, this is Entail, and not Frankmarriage, and if a gift be with a Woman in Frankmarriage which is no Cousin to the giver, this is but for life: See before, the 45 Ed. 3. fol. 20. If a man give in Frankmarriage, rendering Rend, the reservation is void, till the fourth degree be past, 26 Book of Ass. 66. Land was given to a man and his Wife in Frankmarriage, to have and to hold to the Husband and his heirs, and adjudged they have tail, and not Fee, for the frankmarriage shall not be defeated by words afterwards, 32 Ed. 1. tit. Tail 25. Reversion was given with his Daughter to one in Frankmarriage, and is good, 26 Ed. 3. tit. 27. Taile. Gift is made with Agnes his Daughter to A. in Frankmarriage, and after A. marries Agnes and dies, and he gives another Acre with Agnes to B. her second Husband in Frankmarriage, and both are Frankmarriage, 31 Ed. 1. tit. Tail 30. Gift in Frankmarriage, the remainder to J. D. in fee, is not good, for there cannot be an acquittal, where remainder is given over: Time of H. 8. tit. 11. 19 Ed. 3. tit. 1. If Lands be given in Frankmarriage (to have) for their lives, the (To have) shall not abridge, but enlarge the Estate, and for that is is Frankmarriage. 2 E. 3. tit. 94. One gives Land to A. with Alice his Daughter in Frankmarriage, to have and to hold to the aforesaid A. and his heirs, and it seems Frankmarriage. 13 Ed. 1. tit. Formedon 63. I. gave R. and Alice his Daughter, Lands in Frankmarriage, to have to the aforesaid R. and Alice and their heirs, or to whom he will assign it, and the said R. did beget no heir of the said Alice, nor the said R. and A. did not assign it to any in their life time, and it seems that after the death of R. and A. without Issue, the Land ought to revert to J. See 45 Ed. 1. fol. 20. Tenant after possibility of Issue extinct TEnant after possibility of Issue extinct, shall not have aid of him in reversion, but he in remainder shall be received upon his default, 2 H. 4. fol. 17. 7 H. 4. f. 10 & 11 H. 4. fol. 14. the same. Time of Ed. 1. Fitzh. waste 125. shall not be punished in waist. Nor shall be compelled to attorn in a (Quid juris clamat) 46 Ed. 3.25. 39 Ed. 3. the same, and 12 Ed. 4. fol. 3. the same. If he alien, he in reversion may enter for forfeiture, 45 Ed. 3.25. 11. H. 4. f. 14. the same, 10 H. 6. f. 1 and 39 Ed. 3. f. 20. Tenant after possibility of Issue extinct shall not have waist, 2 H. 4. f. 21. waist doth not lie against Tenant after possibility of Issue extinct, 45 Ed. 3. f. 25. He shall not have aid, but if he alien, he in reversion may enter for forfeiture, 10 H. 6. f. 1. 39 Ed. 3. f. 20. Lit. f. 7. and 11 H. 4. f. 14. the same. 39 Ed. 3. tit. 17. Taile, Tenant after possibility of Issue extinct which is impleaded, shall not have aid of him in reversion, but if he alien in Fee, he in reversion may enter, and shall not be compellable to attorn, nor waist lies against him, but if he makes default after default, he in reveresion may be received. Tenant by the Courtesy. IF a married woman be Tenant after possibility of Issue extinct, and the Fee descends from her Ancestor, and she dies, it is held that the Husband shall be Tenant by the courtesy, 9 Ed. 4. f. 19 and 14 Ed. 3. f. 7. Husband discontinues Lands of his Wife, and takes an Estate again to them in fee, and hath Issue, and the Wife dies, than the Husband shall not be Tenant by the courtesy, 9 H. 7. f. 1. If a man have Issue by his Wife Inheritrix, though she had Issue a Daughter before she inherited, yet he shall be Tenant by the courtesy, 21 H. 3. Title Dower 198. If a woman Signioresse take her Tenant to Husband, and hath Issue, and dies, the Husband shall not be Tenant by the courtesy of Services, 1 Ed. 3. Tit. Dower 70. A man shall not be Tenant by the courtesy, unless his Wife have possession in Deed of it, but of an Advowson and Rent, where she died before day of payment, he shall be Tenant by the courtesy, 21. Ed. 3. fol. 49. the same. If the Issue be born living, notwithstanding that he dies before he be heard cry, the Husband shall be Tenant by the courtesy, for the Issue shall not be taken, if the Infant were heard cry after he was born, but if he were born alive or not, Perkins f. 89. A man seized of Land in fee, is attaint of felony, his Wife shall lose Dower, but if the Wife seized in fee be attaint of felony, and hath Issue by her Husband, and she is hanged, yet the Husband shall be Tenanr by the courtesy, 21 Ed. 3. f. 49. A man takes a Wife seized in fee, and hath Issue, he commits felony for which he is attaint, the King pardons him, it seems he shall not be Tenant by the courtesy, by reason of the Issue which he had before his attainder, but if he had Issue after his pardon, it is otherwise, 13 H. 7. fol. 17. If a man takes a Wife seized in fee, and she is attaint of Felony and hanged, the King shall have the Land forthwith, if the Husband were not entitled to be Tenant by the courtesy, 11 H. 4. f. 19 b. Daughter and Heir endows her Mother, and after takes a Husband, and hath Issue and dies, the Mother after dies, the Husband shall not be Tenant but by the courtesy of that, 8 Book of Affises 6. 3 H. 7. f. 5. If Rent descends to a Daughter which takes a Husband, and she dies before the day of payment, the Husband shall be Tenant by the courtesy. Fitzh. f. 149. D. A man shall not be Tenant by the courtesy of Land of the Wife, unless the Wife have possession in Deed of that Land, if it be not in a special case, as of Advowson or Rent, where she dies before the day of payment of the Rent. Tenant in dower. THE Wife after the death of her Husband shall remain in the chief House by forty days after the death of her Husband, within which days her Dower shall be assigned unto her, unless before it were assigned, and there shall be also assigned unto her, the third part of all the Land of her Husband which was his in his life time, Magna Charta chap. 7. Of Widows which cannot have their Dowers without Suit, that is, that whosoever shall deforce them of their Dowries of the Tenements of which their Husbands died seized, and afterwards the same Widows by Suit recover them, they shall give unto the said Widows all their damages according to the value of the whole Dowry, due unto them from the time of the death of their Husbands, Merton chap. 1. If a Woman of her own accord leave her Husband and departeth, and liveth with an Adulterer, she shall for ever lose her action of recovering her Dower which was due unto her of her Husband's Tenements, and be of that convicted, unless her Husband of his own accord, and without cohersion of the Church shall receive her, and suffer her to dwell with him, West. 2. chap. 34. If the Hnsband be attaint, convict, or outlawed of Felony, yet his Wife shall be endowed, but if the Husband be attaint of Treason, his Wife shall not be endowed, by 1 Ed. 6. chap: 12: 5 Ed. 6. chap. 11. Where a woman shall beindowed, and where not WHere the Husband Tenant of the King dies, and his Wife is committed to the King, during that time she shall not have Dower, if she be not surprised of Dower, 2 H. 4. f. 7. & 6 H. 4. f. 7. It seems if a woman takes a lease by Indenture for years, that during this lease she is not Dowable; but if she take the Lessor to Husband, and after he dies, she is Dowable notwithstanding the lease, 6 H. 4. fol. 7. Fitzh. 149. E. the same. Dower shall not be, where the Husband dies having the reversion of a , that is of a reversion of an Estate for life, as a man lets for life, and afterwards takes a Wife and dies, 2 H. 4. f. 27. 1 Ed. 6. tit. Dower 89. 7 H. 6. f. 9 by June. Fitzh. 149. C. A woman may be endowed of a mine of Coals, but she cannot make new mines, for that shall be said waist. Where the Estate is made to the Husband for life, the remainder to another for life, the remainder to the Husband in fee, the Husband dies, his Wife shall not have Dower, unless that the Husband survive him in remainder for life, 46 Ed. 3. f. 16. B. by Finchden. If a lease be made of lands for years to A. the remainder to B. for life, the remainder to the right heirs of B. and after B. takes a wife and dies, during the term of years, his Wife shall recover Dower: But execution shall cease, during the term of years, Perkins fol. 67. A. 1 Ed. 6. tit. 89. Where a woman is endowed of land which her Husband took in Exchange, she shall not be endowed of the land given in Exchange, 31 Ed. 2. tit. Dower 204. & 17 Ed. 2. tit. Dower 162. the same. Where the Husband holds jointly with one, and no partition made, his wife shall not be endowed, 8 Ed. 2. tit. 167. Littleton f. 9 the same. Where the Husband enters in Religion, the heir shall inherit, and yet his wife shall not be endowed; for the wife may have him again out of Religion, 32 Ed. 1. tit. 136. Perkins f. 91. D. the same. If the Husband be Tenant in common with two others in Fee, and dies, now his wife shall be endowed, but not by meats and bounds, Eitzberbert fol. 149. I: Littleton fol. 9 the same. If a villain takes a wife, and purchaseth land, and after the Lord enters, and then the villain dies, the wife shall be endowed, 19 Ed. 2. f. 71. A woman of eight years three quarters, at the death of her husband shall have no Dower, Littl. 8. 12 Ed. 2. tit. 159. the same. A woman of the age of ten years at the death of her Husband shall be endowed, 12 R. 2. tit. 54. & 8 R. 2. tit. 122. the same. Where the Husband hath an Office eo keep a Park, to him and to his heirs, his wife shall be endowed of that, Pl. Com. f. 379. If the Lord enter for Mortmayn, yet the wife of the Tenant shall have Dower, Perk. f. 76. A. The same Law, if the Lord recover against the Husband in Cessavit. the Wife of the Tenant shall be endowed, 34 book of Assize 15. where the Husband dies without heir, and the land escheats, the wife shall be endowed. Tenant by the Courtesy surrenders to the Husband in reversion, upon condition, and enters for the condition, the wife of him in reversion shall not be endowed, 14. Ed: 4. f. 6. Where a man enfeoffs one upon condition, to re-enfeoff the feoffer again, it behoveth that be made to a man unmarried, or to a Chaplain that hath no wife; for if it be to a man which hath a wife, she shall be endowed, 38. H. 8. tit. Assurance 3.28 Book of Ass. 4. the same. Lands is mortgaged to the Husband, and after the condition broken, the Husband by agreement takes his money and dies, his wife shall be endowed, 42 Ed. 3. fol. 1. A woman hath title of Dower, and enters upon the heir, and enfeoffs him by Deed, she hath given him her title of Dower included, and is not now Dowable of that land, 11 H. 7. f. 20. The husband Tenant in general tail, makes a feoffment, and takes back a special tail, and his first wife dies, and he takes another wife and he dies, and his issue enters, this second wife shall not be endowed, for the heir was remitted, 41 Ed. 3. f. 30. & 46 Ed. 3. f. 24. the same. Where land is given to the husband, and his wife in special tail, the remainder to another in tail, the remainder to the right heirs of the husband, and the wife dies, and the husband takes another wife, and dies living him in remainder, the second wife shall not be endowed of that land, 46 Ed. 3. f. 16. Land is given to the husband and K. his wife in special tail, the remainder to the husband in general tail, and K. dies without issue, and the husband takes another wife and dies, this second wife shall be endowed, 50 Ed. 3. fol. 4. Where the husband and his wife have special tail, the second wise shall not be thereof endowed, 22 Ed. 3. fol. 9 B. Littleton 11. the same. Where land is given to the husband and his heirs which he begets of the body of Margaret his wife, which was dead at the time, and he takes Eliz. and dies, this second wife shall not be endowed, 12 H. 4. f. 2. If a woman go away with an Adulterer, into some land of her husbands, and be not reconciled, yet she shall not lose Dower: otherwise it is if she were out of the lands of her husband, 8 R. 2. tit. 253. If a woman go away and dwell with an Adulterer, she shall not have Dower: But if she were carried away, against her will, and was carried 20 miles, and returns, and her husband dies, she shall have Dower, 43. Ed. 3. fol. 19 47. Ed. 3. fol. 13. Where a recovery is by default, or a reddition against the husband without title, the wife shall have Dower. 46 Ed. 3. fol. 23. Where a recovery is against the husband, the wife is barred of Dower: But if the recovery were by default, it is remedied by the Statute, and where by render, is aided by the Common-Law, and other recovery is not remedied. Against whom Dower may be brought, and what Assignment is good, and what not. WHere a Guardian in Socage endowes a Wife, it seems it is disseisin, for a Writ of Dower doth not lie against a Guardian in Socage, but against a Guardian by Knight's service it lieth, 29 Book of Ass. 68 Assignment of Dower by the Disseisor is good, if it be not by Covin of the wife: The same Law is by Abator, or Intruder, Perk. fol. 76. Assignment of Dower by the Tenant of the Freehold, is good, and aught to be by him 12 Ed. 3. tit. 86. Perkins 78. the same. Guardian in Socage cannot assign Dower, but Guardian by Knight service may, 3 Ed. 3. tit. 108. Perkins, fol. 78 G. It appears that Guardian by Knight's service may assign Dower, Fitzh. fol. 148 A. Where the Husband was seized of divers Tenements and Manners, and the Sheriff assigns the Wife, which recovers one Manor, and a whole Advowson, it is good, for it is an infinite work to assign part of every Acre, 12 E. 4. fol. 2. If the Husband hath three Manors, and during the marriage charges them with a Rent and dies, if the wife take the third part of every Manor, she shall hold it discharged, but if she take one Manner only, she shall hold two parts charged, 17 Ed. 2 tit. 164. It seems it is good bar in Assignment, that her Husband before the marriage granted by Deed to her a Rent in the name of Dower, to which she agreed after his death, 20 Ed. 4 fol. 3 in Dower, but inquire. Rend assigned out of Land of which she is dowable without Deed, is good, but out of other Land, it is not, 33 H. 6. fol. 2 B. Assignment of Rent out of the same Land, of which she is Dowable, is good bar in Dower, if she agree, 7 H. 6 fol. 36. Perkins fol. 76 D. the same. If a woman recover in a Writ of Dower, she cannot enter without Assignment, but in other Praecipe, if one recover, he may enter, but here it shall be assigned to her by the Sheriff, by meats and bounds, 40 E. 3. fol. 22. Where the Woman recovers damage, and where the Tenant may say, he is yet ready to excuse him of damages, if it be in Copyhold, and otherwise. A Woman shall recover damages where the Husband died seized, if the Tenant do not come in the first day ready to render Dower, Nat: Bre: fol. 7. If the Tenant come at the first day, and saith, that he was always ready, the Plaintiff may aver, that she hath demanded Dower, and she cannot have it, 2 H. 4. fol. 8. and this found, she shall recover damages. At the Summons returned, the Tenant comes, and saith that he was always ready to render Dower, and yet is, for the Plaintiff to say that he was not ready always, is no Plea, but by Thirne she ought to show that her Husband died seized, and she demanded in the Country, and you refused, but by Hank, the bringing of the Writ is a demand in Law, but he agreed, that she ought to aver, the dying seized of her Husband, if she will recover damages, 6 H. 4. f. 5. Dower, the Tenant saith that he was always ready and yet is, and the Demandant avers that her Husband died seized, and saith that he was not ready, and for that this is no Issue, but she shall say that she demanded, inquest of Office was awarded, which finds he died seized, and the Wife shall recover damages from the time of his death, but where the Tenant was ready, though that the Husband died seized, the wife shall not recover damages, 11 H. 4. f. 39 & 6 H. 4. f. 5. Dower, the Tenant saith that he hath been always ready to render Dower, and yet is, the Plaintiff saith that her Husband died seized. And she required the Defendant at D. and he refused, and the Issue shall not be, that he did not refuse generally, but he offered, and she refused, without that that he refused, 13 Ed. 4. f. 7. Dower, the Tenant acknowledgeth the action, and the Demandant to have damages surmiseth, that her Husband died seized, and hath a Writ to inquire of damages, and held that if the Tenant come at the first day, and will aver that he was ready, and yet is, if the demandant cannot aver the contrary, the Demandant shall not recover damages, 14 H. 8. f. 28. If the Tenant be effoyned, yet he may say yet ready, for the essoign may be put in by a stranger, 7 H. 7. f. 7. & f. the last. the same, 2 Ed. 4. f. 20, and 14 H. 6. fol. 4. The same. Dower after imparlance, the Tenant cannot say that he was always ready, and yet is, 5 Ed. 4. f. 141. Tenant for Life. A Man devise all his Goods to his Wife, and would that his Son should have his House after the death of his Wife, notwithstanding that it is not devised to the Wife, she shall have that for her life, 13 H. 7. fol. 17. Lease to a Woman as long as she lives unmarried, or as long as she behaves herself well, it is for life conditional, 37 H. 6. fol. 28. Land is given to one to have and to hold, so that he pays to the Grantor for his Life 10 l. this is an estate for life, 3 Book of Ass. 9 An Estate to one till he hath levied ten pounds, he hath that for life till, etc. 21 Book of Assize. 18. If I let to W.N. to hold till a hundred pound be paid, and without making Livery and Seisin, he hath an Estate but at will, and if there be Livery, it is for life upon condition, to cease the hundred pound levied, 2 Mar. Brook Lease 67. And so in the three cases next, it is to be intended Livery to be made. J.S. Tenant for life aliens to B. to have to him and to his Heirs for the life of J.S. B. hath an Estate but for the life of J.S. 24 H. 8 Tit. Forfeiture 87. If Lands be given to a man and his Wife and to the Heirs of their two Bodies begotten, and they are divorced, now they have but an Estate for their lives, 7, H. 4. f. 18. If I grant Rend to you without more, you shall have that for life, 7 Book of Ass. 1. If a devise be to one without more, he hath an Estate for life, 22 Ed. 3. f. 16. Tenant for years. What Act determines a Lease for years, and who shall have the Corn, what is a good Lease for years, and what not. THE Husband seized in right of his Wife, let's for seven years and dies, the Wife may enter, but if the Termor had sowed the Land in the life time of the Husband, the Termor shall have the Corn, 7 Book of Assizes 19 If the Lord enter upon a Copyholder for Forfeiture, and the Land be sowed, the Lord shall have the Corn, 42 Ed. 3. f. 25 The Husband and the Wife lets the Land of the Wife for twenty years rendering Rend, and the Husband dies, the Wife accepts the Rent, it is a good Lease, and was not void, 3 H. 6. fol. 2.2 H. 6. fol. the same, and 21 H. 6.24. If a Parson or a Prebendary let for years, rendering Rent and dies, though that the Successors accept the Rent, the Lease is not good, 32 H. 8. tit. acceptance 14.32 H. 8. Tit. Dean and Chapter 20.24 H. 8. tit. B. 19.38 H. 8. Lease 18. 22 H. 8. tit. Ancestor 14. If Tenant in Dower lets for years, rendering Rent and dies, the Lease is void, and acceptance by the heir of the Rent will not make the Lease good, for it was void before, 9 E. 4. f. 37. by Nedham, If I let Land for years in which is a Mine, I cannot enter and take that, nor Trees, but I shall be punished. The Bishop lets for years, rendering Rent and dies, and the Successor accepts the Rent, this makes the Lease good, for the Bishop hath Fee and may have a Writ, of Right, 2 Ed. 6. tit. acceptance. 20. The same Law is, where an Abbot lets for years, rendering Rent and dies, the Successor accepts the Rent, the Lease is good, 21 Ed. 4. f. 5. B. Where Tenant in tail lets for 21. years and dies, and the Issue in tail outs the Lessee, as he may, and doth not accept the Rent, the Lessee may have covenant against the Executor of the Lessor, and recover damages though it be not warranted, 48 Ed. 3. f. 2. A Lease by Tenant in tail for 21. years, made according to the Statute, rendering ancient Rent, or more; though Tenant in tail die, this is a good Lease against the Issue, but if Tenant in tail die without Issue, the Donor may avoid this Lease by entry, 32 H. 8. chap. 28. Tenant in tail the remainder over, let's for years rendering Rend, and dies without Issue, and he in the remainder accepts the Rent, this shall not bind him, insomuch that when the entail is determined, the Lease is determined and void, 1 Ed. 6. tit. acceptance 19 Lease for years, and so from year to year, as long as both parties pleased, after he hath entered into every year, it is a Lease for that year, and a Lease for a thousand years is good, 14 H. 8. f. 1. Lease for three hundred years is good, and is but a Chattel, notwithstanding the long time, 32 Book of Assizes 6. If a man lets for sixty years, and so from sixty years to sixty years, until two hundred years be ended, this is also one self same Lease, and good, 29 H. 8. tit. Lease 49. and Plowdens Commentaries 273. the same. The Husband and his Wife, purchase to them and to the Heirs of the Husband, and after the Husband lets for years and dies, the Wife may enter and avoid the Lease for her Life, but if she die before the residue of the Term, it is good to the Lessee against the Heir of the Husband, 33 H. 8. tit. Lease. 58. And note by all the Justices, that the Guardian by Knight Service, shall not out the Termor, where he hath a Lease of his Tenant which dies, his Heir within age, contrary was the Law in times past, as it appears before in the title Ward. Where it is agreed and granted to J.S. that he shall have twenty Acres, in D. for twenty years, this is a good Lease for this word (Concessit) is as strong, as devised, 37 H. 8. tit Lease 60. If one licence one to enter, and to occupy his Land for years, it is a Lease for years in Law, 10 Ed. 4. f. 4. & 5 H. 7. f. 1. the same. Tenant in tail lets for twenty two years rendering Rent and dies, and the Lessee lets that over for ten years, and the Issue accepts the Rent of the second Lessee, this is no confirmation of the Lease, for there is no privity betwixt the second Lessee and him, 32 H. 8. Tit. Acceptance 13. A man lets for ten years, and the next day lets the same Land to another for twenty years, this is a good Lease for the last ten years of the twenty years, which are ended after the first ten years; 26 H. 8. Tit. Lease 48. See the time of, H. 8. Tit. Lease. 35. Weston saith, If I let for so many years as J.S. shall name, and after J.S. in my life time names certain years the Lease is good for those years, Plowdens Commentaries 273. A man lets a House with the Appurtenances, no Land passes, but if a man lets a House, with all the Land to the same belonging, there the Lands with that used pass, and it is a good Lease of those, Ploughed. Com. f. 273. 31 H. 8. tit. Lease 55. See. Ploughed. Com. 85. b. and f. 170.23 H. 8. tit. Feoffments 53. If a man lets for life to J.S. and the next day lets to W. N. for years, the second Lease is void, if it be not granted of a Reversion, 37 H. 8. tit. Lease 48. A man lets for years, to have after the Lease thereof made to J.N. ended, and in truth J.N. hath no Lease, this gins forthwith, 3 Ed. 6. tit. Lease 62. A man hath a Lease for years as Executor of J.S. and after purchaseth the Reversion, the Lease is extinct and determined, yet it may be assets, 4 Ed. 6. Tit. Extinguishment 24. Leases made by a Bishop, otherwise then for 21. years or three lives, from the time that such Lease gins, and where upon the old Rent is not reserved, is void, 1 Eliz. not in Print, and for that a Lease made for thirty years by a Bishop, and confirmed by the Dean and Chapters, under their Seal, shall not bind their Successor, but if the Bishop, Dean and Chapter, join in a Lease for thirty years; this is a good Lease, notwithstanding this Statute: And see, Pulton tit. Ecclesiastical persons. What Lease by Spiritual persons, is good, and what not. And see, 13 Eliz. chap. 10. That a Lease by Bishop, Dean and Chapter, for longer time than twenty one years or three lives, is not good, and by, 14 Eliz. chap. 11. They may make a Lease of Houses in Cities and Borroughs, for forty years, and by, 18 Eliz. chap. 11. They cannot let where there is an old Lease, which hath continuance for three years, or more. A man possessed of a Term for forty years, grants so many of them to J.S. which shall be behind at the time of his death, and it seems it is void, for the Incertainty, otherwise it is if it were by devise. But if a man lets his Land, to have after his death for forty years this is good, for this is certain, 7 Ed. 6. tit. Lease 66. See, 8 H. 7. fol. 4. Grant of Rent, but if a man let for life and four years over is good. Tenant which holds in chief dies, his heir before Livery sued, makes a Lease for years, this is good, if no Intrusion be found by Office, and if after the Lease, the dying seized be found by Office, and no intrusion it hath no relation to the death of the Ancestor, unless for the profits and not to defeat the Lease, 5 Ed. 6. Tit. Lease 57 Tenant at will. What acts Tenant at will may do, and what to him, and what by him are good, and what not. IF Tenant at will lets for years, in his own name: He is a Disseisor, 12 Ed. 4. f. 12. Release made to the Tenant at will by the Lessor is good, Lit. f. 108. If one alien his Manor, there need not that Tenant at will attoin, Lit. f. 125. Tenant at will cannot grant over his Estate to any, for he hath no Interest certain, 27 H. 6. f. 3. B. If a man lets to one at will, the Lessor dies, the will is determined, 21 H. 6. f. 42. If Tenant at will be outed, this is Disseisin to the Lessor, and yet the Tenant at will may enter without commandment of his Lessor, for the will continues, 38 H. 6. fol. 28. If Tenant at will make waist, action upon the case lies against him, and not waste, 48 Ed. 3. f. 25. 11 H. 6. f. 38. the same. See, Lit. f. 15. & 12 Ed. 4. f. 8. the same. 22 Ed. 4. f. 5. Trespass lies. 14 H. 8 f. 12. By Brown, If Tenant at will makes waste, action upon the case lies, and by Roose, if my Father lets at will and dies, the will is determined. Littleton fol. 14. If Tenant at will makes voluntary waist, he saith, that the Lessor shall have an action of trespass, but it seems he intended trespass upon the case. 48 Ed. 3. f. 2. Action upon the case lies against Tenant at will, which makes waste in burning of Houses willingly, and not action of waist. 2 Ed. 4. fol. 5. By Littleton, If I deliver to you my Gown, and you burn it, action upon the case lies, and not trespass. By force of Arms, 43 Ed. 3. f. 30. If one hath Goods by delivery, trespass doth not lie against him, but Detinue. 21 H. 6. fol. 43. is, That an action of waist doth not lie against Tenant at will, which makes waste but trespass. 41 Ed. 3. f. 24. Where a Miller takes more toll than he ought, action upon the case lies against him, and not trespass. 2 Ed. 4. f. 5. If my Servant of a shop, which hath power to sell, giveth my Wares, it seems that I shall have trespass against the Donee. Tenant at will may cut Trees seasonable, but if he cut great Trees waist doth not lie, but action upon the case. Tenant at will of a Mine may take the Oar and sell it, 12 Ed. 4. f. 8. He which holds at will, hath that at the will of both, and Debt lieth for the Rent reserved, 20 Edw. 4. fol. 9 If the Lessee at will sow the Land, and after be outed, he shall have the Crop, but if he be outed after the ploughing, and before the sowing, he shall lose the Costs of ploughing, and the compost of that, 11 H. 4. fol. 90 Tenant at sufferance. Who is Tenant at sufferance and who not, and what acts he may do. TEnant at sufferance is where one of his own head occupies my Land, and claims nothing, but at my will, and release to him is not good, Littleton f. 108. There is no Tenant at sufferance, but he which first enters by authority, and Lawfully, as a man lets for years, or for another's life, and holds in further after the Lease expired, or after the death of him for whose life, time of H. 8. tit. Tenant by copy. 15. Tenant at sufferance is, when Lessee for years after the term ended, occupies the Land by consent of the Lessor, without a Lease at will, 21 H. 6. f. 42. Tenant at sufferance may distrain doing damage upon the Land, and yet release made to him is not good, 4 H. 7. f. 3. and he may have trespass. Villainage. For that, that in the fifth Article villainage is to be inquired in Leet and in Courtbaron, and is to be inquired, who is Villainof the Kings: Something shall be said touching that, and first how they began, and where the Lord may seize and have them, and how their Goods and Chattels and other things, and how contrary, and how not. Villains began after Noah's Flood, that is, when all things were in common, and when they increased, and also were taken in Battles and one killed another, to avoid this mischief, it was ordained that none should kill another, but those which they overcame should be their Villains, to use at their pleasure; but not to kill them, Britton f. 77. If the Villain buy Goods and sell them, or give them to another, before the Lord seize them, than the Lord cannot seize them nor have them, otherwise it is of the King's Villain, Littleton f. 39 Lord and Villain, the Lord is indebted to one, which makes the Villain his Executor, the Villain shall have Debt against his Lord, and the Lord cannot seize and have the Goods which the Villain hath as Executor, 3 H. 4. f. 15. the same 47 Ed. 3. f. 16. Littleton f. 41. and 21 Ed. 4. f. 50. Old Tenors 2. If a Villain die before the Lord seize his Goods or claim by word, the Lord cannot seize them, not have them, but his Executors, 3 H. 4. f. 17. If a villain purchase Lands and alien them before that the Lord enter, or buy Goods and sells them before that the Lord seize them, the Lord shall not have them, Lit. f. 39 If the Lord seize Goods, and deliver them to the Villain again, if they be taken from him, the Lord may have trespass, or take and seize them again, and have them, 11 H. 4. f. 2. Lit. f. 39 If he seizes parcel of the Goods in name of all, that suffices for●ll. The Lord hath possession of Goods of his Villain by Seizure, of land by entry, of Rent, Reversion, and Advowson, by claim, Perkins f. 6. Littleton. 40. The Lord cannot seize his Villain in the presence of the King, and yet after he may have him, 27 Book of Ass. 49. If my Villain Infant be in ward of one, by reason that he holds of him by Knight's service, I may enter and seize the Infant, and out the Guardian, and shall have him, 40 Book of Ass. 7. The Lord cannot take and seize his Villain, out of the service of another, which hath retained him, unless that he hath more Servants; but he may seize the Goods, 39 R. 2. tit. action upon the case 52. The Lord may take the Rent which a Villain hath in possession, but not a thing in action, as obligation of Debt or Covenant. What is enfranchisement, and what not. IF a freeman marry his she Villain, she is enfranchised, Little. fol. 41. And that their Issue is free, 46 Ed. 3. fol. 4. If a she Villain marry a Freeman, she is made free for ever, and shall not be a Villain again, unless by a special act afterwards as being divorced, or acknowledgeth herself a she Villain in Court of Record, ●itzh. fol. 78. G. 33 Ed. 3. f. 187. Statham, is that she is enfranchised but during the marriage. If a Villain woman marry a Freeman, she and all her Issue have a free Estate for ever, and a Villain becomes free if he marry his Mistress; the same Law if a she Villain marry her Lord, Brit. f. 78. a. If a Villain dwell in ancient Demesne of the King, by a year and a day without claim, he is enfranchised, Fitzh. f. 79. A. But there held, if he dwell in the ancient Demesne of another Lord then the King, by a year and a day, without claim, he is not enfranchised, 39 H. 6. tit. 20. and 39 E. 3. f. 6. If the Lord and his Villain vouch together, where the Villain hath purchased Lands, if he be not from all benefit shut up, being called to warranty, it is an enfranchisement, 33 H. 6. f. 1. The Reversion is granted, to a Villain and his Lord being Tenant for life attornes, this doth not infranchise the Villain, for the Lord gives nothing to the Villain and he cannot otherwise have the Reversion, 11 H. 7. fol. 13. If a man infranchise his Villain, with the whole sequel it behoveth to be, for those created, and to be created, some born before that enfranchisement is not made free, 15 H. 7. f. 14. Though the Lord make Attorney, where his Villain is Plaintiff it is no enfranchisement, 22 Book of Ass. 4. & 29 Ed. 3. f. 24. the same. If the Lord suffer his Villain to be sworn of a Jury in the King's Court, it is an enfranchisement, Britton fol. 83. Villain shall not be enfranchised, for that his Lord sues a (Recordare) upon a plaint of Replegiare, 5 Ed. 3. f. 187. Statham. Tenant in tail of a Manor, to which is a Villain regardant, aliens the same Land to the Villain and dies. The Issue recovers the Land against the Villain, yet he may after seize the Villain, and he is not enfranchised, notwithstanding that he hath brought action against his Villain, for he cannot otherwise come to the Land, 24 Edw. 3. fol. 187. If in an action a Villain imparle with his Lord, or hath a day by (Prece partium) he is enfranchised, 9 H. 6. f. the last, and 22 Ed. 4. f. 36. the same. If the Lord suffer his Villain to be made a Knight, it is an enfranchisement, Britton f. 79. If the Lord infcoffs his Villain it is an enfranchisement for ever, 12 H. 3. tit. 42. If the Plaintiff in a Writ of (Neife) be nonsuited, he shall not have again in his life time any other (Nativo habendo) but the Villain by that is enfranchised during her life time, 6 Ed. 2. tit. Villainage 26. See, 19 Edw. 2. Tit. 31. If the Lord make to his Villain an obligation, or grant to him an anuity, or let to him by Deed for years, or make to him a Feoffment and Livery and seisin, he is enfranchised, otherwise it ●s if he makes to him a Lease at will, or a Feoffment and no Livery, Littleton fol. 45. By Wilby, if the Lord infeoffs his Villain without Deed, he is not enfranchised, 24 Ed. 3. tit. 32. Villain to two Coparceners, he marries one of them, yet he is not enfranchised against the other, coparcener, Fitzh. f. 197. N. If a Copyhold escheat, or come to the Lord by forfeiture, and the Lord grants that over by Copy to J. S. his Villain and to his heirs, to hold at the will of the Lord, according to the custom of the Manor, by the services due and used to be paid, this is an enfranchisement, but if a Copyholder surrender into the hands of the Lord to the use of J.S. the Lord's Villain and to his heirs, and the Lord by his Steward grant to him Seisin by the rod accordingly, this is no enfranchisement. How the Lord may take advantage of things which he hath by his Villain, by act of his Villain. Manor to which a Villain is regardant, is let to one for life, and the Villain purchase in fee, the Tenant for life enters, he shall have lands to him and to his heirs for ever, Perk. f. 20. If a Villain be granted to one for Life, and the Villain purchase in fee, the Lessee enters, he shall have Fee, but if the Lord be Lessee for life, and the Tenancy escheat, he shall not have that but for life, Doctor and Student fol. 90. If Lessee for years of a Manor, to which a Villain is regardant dies, and the Villain purchase Lands, and the Executor of the Lessee enter, he shall have the Land in fee but it shall be to the use of the Testator, Doctor and Student f. 90 Where a Parson hath a Villain, which purchases lands and the Parson enters, he shall not have that to the use of himself, but in the right of his Church, 32 H. 8. tit. Villainage 46. Where a Villain is enfeoffed with warranty, the Lord may rebut by that, if it were descended in possession of the Villain, but not vouch to have in value, 18 Ed. 3. f. 29. & 22 Book of Ass. 37. If a Villain and his Wife purchase jointly in Fee, and the Lord enters in the half, as he may, he shall have it, but if he do not enter, but the Husband dies, the wife shall have all by the Survivor, and the Lord hath lost his advantage to have the moiety. A bridge of ass. fol. 37.40. assis. 7. If a Villain be bound in a statute, and before the day incurred, his Lord enters, the Lord shall have such advantage that execution shall not be sued against him, 18. Ed. 3. Tit. Execution Statham. If my villain purchase Land, and I seize it, and the villain dies, yet the wife of the villain shall be endowed, by Herl. 13. Ed. 3.74. Statham 19 Ed. 2. Waste. And in so much that you ought to inquire, if any Farmer which hath part of the Demesnes of your Lordship, hath made waist, or any Copyholder, (unless by the Custom of the Manor he may make waist) if any of them have made waist or not. First let us see what is waste in Land, and to be punished, and what not. IT is not waste to suffer the arable Land to lie fresh, so that it is full of thorns, Fitz. fol. 59 N. 2. H. 6. fol. 11. To suffer a Meadow to be drowned which is rushy or little worth, or arable land to be drowned, that nothing remains but tough Clay; this is waist, 20. H. 6. fol. 1. 15. H. 3. Tit. 131. Wast was brought for making meadow arable, by Plowd. 2. and it seems it lies. If a Farmer plough meadow, it is waste, Fitzh. fol. 59 N. and 15. H. 3. tit. 131. the same, 12. H. 8. If a Farmer do not repair banks of his Land in Lease, by which the Land is drowned, or if he dig for Copper or Stone, or Coals, it is waste, Fitzh. fol. 59 N. 20. H. 6. fol. 1. Wast lies against a Farmer, for fish in a Pool, 6. R. 2. Statham. If there be a Mine in the Land, if the Farmer dig the Land, and take it, it is waste, 9 Ed. 4. fol. 35. B. Raising up a Furnace fixed, is waist, 42. Ed. 3. fol. 6. What is waste in houses, to be punished, and what not. IF a house be uncovered by sudden tempest, it is not waste; but if the Lessee suffer that to be uncovered, that the timber rot, it is waste, and if the house fall by sudden tempest it is no waist, 12. H. 4. fol. 4.33. H. 6. Tit. 155. B. By Danby and Choke. If strangers, enemies of the King destroy a house, or that it be blown down by sudden tempest, waist lies not; contrary where it was by enemies, traitors, subjects, 12. H 8. fol. 1. See the time of Ed. 1. tit. 123. where it was burnt by I. S. his Neighbour by mischance. It seems that not covering of a house is no waist, till the great beam of that is rotten, 10 H. 7. fol. 2. B. It seems waste may be assigned, in breaking a stone-wall, and also in a mudwall, for that it is fixed to the freehold. But the Lessee may plead that the lessor licenced him to break it down, and this is a good bar. And adjudged that if a house be not. covered at the time of the Lease made, the Less is not bound to cover that: and also if a house were curious at the time of the Lease made, that is a good bar to plead in waist, 10 H. 7. fol. 2. B. 40 assis. 22. the same, and 10 H. 7. fol. 5. the same where a house falls by tempest, though the lessee Covenant to repair it, he may plead in bar in a writ of waist, that it fell by tempest, though he cannot plead it in a writ of Covenant, 40. Ed. 3. fol. 6. If a Farmer build a house, where there was none before the Lease, and suffers that to decay, it is waste, 11 Ed. 2. Statham, 12 H. 4. fol. 6. the same, 42 Ed. 3. fol. 21. the same, & 17. Ed. 2. tit. 118. the same. If wast in a house be repaired, hanging the writ of waist, it is not to purpose; but if it were repaired before a writ purchased, it is otherwise, 38. Book of Assis. 1. 21. H. 7. fol. 26. by Kingsmill, and not denied, that a furnace fixed by a Farmer, and not to the walls, Posts, and such like, by him fixed, and taken away within his term, is no waist, for the house is not impaired. But where Tenant in Fee fixes a furnace in the midst of the house, the Heir shall have it, and not the Executors: the same Law if a Fat fixed in a Brewhouse. 34 Ed. 3. Tit. 3. where a house falls by great wind or tempest, it seems the lessor shall have the great Timber, for that is not waste, and the lessee shall not build that, 11 H. 4. fol. 21. 9 H. 6. fol. 52. Lease to a woman unmarried which takes a Husband, which builds a house and dies, the woman shall be charged with that in waist, 47. book of Ass. 22. If Posts of a house be and the rest is fallen, if the Guardian take away the Posts it is no waist; for it is no house when it is not walled nor covered, and if one take away a frame of a house which was newly built and never covered, it is no waist. What is waste punishable in woods, and what not. IF a stable were ruinous, at the time of the Lease and falls, the lessee may cut trees, and make a new house; but if no house were there before, he cannot cut Trees to make a new house, as it seems 11 H. 4. fol. 32. The farmer may cut trees to amend his house, and make reparations; but if the house be decayed by the default of the farmer, then if he cut trees to repair that, it is waste, Fitz. 59 K. Cutting of dead wood by a Termor is no waste. And if a man cut wood to burn, where he hath dead wood sufficient, that is waste, and it is no waist to cut seasonable wood, which is used to be cut every 20. years, or within that time, Fitzh. fol. 59 M. It was agreed that young Oaks of the age of 20. years, nor under 20. years, could not be cut by a Farmer for years, nor for life, for they may be Timber, and by this cutting they will never grow to be Timber: time of H. 8. tit. 334. b. see 11. H. 6. fol. 1. cutting Willows within the view and sight of a Manor, is waste. 40. Ed. 3. fol. 15. B. Cutting of Hazels which do not grow under great Trees, but in a quarter of a wood is waste, 40. Ed. 3. fol. 25. b. 10. H. 7. fol. 2. the same, Fitz. fol. 6. E. the same. Cutting under wood is no waist, but barking them that they do not grow again is waist. 42. Ed. 3. fol. 6. A man cannot assign waist in cutting young Oaks, that is of the age of 7. or 8. years, 13. H. 7. fol. 21. by Brian, contrary before the time of H. 1. Cutting within the age of eight and ten years of young Oaks is waste, because they can never come to be Timber Ed. 46. tit. 13 Young Oaks of the age of twenty years and under, Farmer may cut, and it is not waste, but Martin saith, that is in a Country where there is plenty of Wood, if Oaks pass the age of twenty years they cannot be cut as seasonable for house-boote, but by Martin, Wrang-lands of the age of twenty years, which can never be Timber, cutting of them for firing is no waist, 11 H. 6. fol. 1 by the Court. Oaks of the age of sixteen years may be cut for fuel, for that they are but falling Woods, 21 H. 6. fol. 53. by Newton. 4 Ed. 3. f. 22. Journey to Derby, fol. If a man make wast in a Mill, and cut Trees to mend it, this cutting is waste, 12 Ed. 3. tit. 28. Wast, He cannot cut the Trees to cover the Houses, and sell away the old Timber. Cutting small Trees and selling them away is waist, but a Farmer may cut them to make reparations upon the same Land let, but not to repair other Land, cutting young Samples within the age of ten years seasonable, for house-boot is no waist, but where they were of the age of twenty years, and able to make great Timber is waste, 7 H. 6. f. 40. Termor may take small Trees and such like, which are seasonable, which have been used to be felled every 20, 16. 14, or 12. years, and is no waist: For it is called falling wood, 4 Ed. 6. tit. 136. Where Oaks are cut, and suffering the Springs to be eaten with Beasts that they will not be Timber afterwards but shrubs, it is waste, 11 H. 6. f. 1. One may assign waist in a hundred Oaks cut, and also in the Stocks of the same Oaks, that is in springs growing upon the same Oaks, for if so be they were saved they would be Timber, and for that, that they are not, it is waste, 22 H. 6. f. 14. Cutting green wood, where there is dead wood for firing, is waist, 23 Ed. 3. tit. 32. Cutting Sances is no waist, 8 Ed. 2. tit. 111. Cutting Wood to burn where there is dead wood sufficient is waste, but not waste to cut seasonable wood which is used to be cut every twenty years, or within the time, Fitzh. f. 59 M. Cutting white Thorn is waste, and not black Thorn, 46 Ed. 3. f. 17. But see, 9 H. 6. f. 10. What wast in Gardens is punishable, and what not. WHere Apple Trees fall with great wind, and after become dry, the Termor may take them for Fuel, 7 H. 6. f. 40. Cutting Apple Trees which have fallen upon Props, and bear Fruit, is waist, 44 Ed. 3. f. 44. Cutting Apple Trees and Plum Trees is waste, 10 H. 7. fol. 2. If a house and wood are let, he cannot cut Apple trees to amend the House if he have Wood, for if he do it is waste, time Ed. 1. Title 122. For what waste Termor shall be punished, and for what not. IF a Termor for life make waist, and after surrender his estate, and the Lessor accept it, the Termor shall not be punished for that waist, Natura brevium f. 36 B. 14 H. 8. fol. 111. By Pollard, but see 8 H. 5. fol. 8. If a stranger make waist upon the Land which one holds for life or for years, the Farmer shall be punished for this waist, 5 H. 4. f. 3. and 3 H. 6. fol. 17. B. If a Lessor himself make waste the Termor shall not be punished for that waist, 5 H. 4. f. 3. If a stranger make waste upon the Land in ward, the Guardian in Socage shall not be punished for this waste, Fitzh. f. 60. G. Where waste is made by Enemies, or Tempest, the Termor is not punishable for his waste, Fitzh. f. 59 L. If a Termor make waste before that he attorn, he shall not be punished for that waste, 48 Ed. 3. f. 15. If a Lessor covenant to deliver great Timber of the said Land to repair the House let, and will not, and for lack of that the Lessee will not repair that, but suffers the House to fall, he is punishable for this waste: but if the great Timber were to be taken from other Land, and is not delivered, this excuses him, and he is not punishable for this waste, 44 Ed. 3. f. 21. If Land be let to a loan Woman, and she takes a Husband which makes waste and dies, she shall be punished for that waste; but if the Lease were made to the Husband and his Wife, and he makes the waste and dies, for that waste she shall not be punished, Nat. brev. f. 36. B. 3 Ed. 3. Tit. 20. Register, f. 72. against the Husband and the Wife, summoned B. and E. his Wife, that they be, etc. to show why they made waste, etc. of Lands, etc. which they held for the Dower of the said E. Register, fol. 74. against a Woman, Summon B. which was the Wife of C. that she be, etc. to show wherefore, etc. of the Houses, etc. which she holds for her life, by a Lease, which D. thereof made to the said B. and the aforesaid C. sometime her Husband, and to the Heirs of the said C. 14 H. 8. f. 12. When the term of years is ended, the Writ shall be which he held, and where it is during the term, shall be which he holdeth: 40 Ed. 3. f. 23. Where the term passes, and where the Infant is of full age, it shall be against the Guardian and Termor, which they held. 41 Ed. 3. fol. 23. Against Tenant for life the form is, which he holds for term of his life, 40 Ed. 3. f. 33. 14 H. 6. f. 14. the same. 46 Ed. 3. f. 25. If a Lease be made to one for life, which grants over his Estate, the Writ shall say, (which he holds) but where a Lease is made for another's life, and he for whose life dies, the Writ shall say, (he held) by Finchden, and not denied. And if a Lease be made to a woman for years, which takes a Husband, before the term ended, which makes waste, and the Wife dies, waste lies against the Husband for the occupation. See Brook, Tit. 47. The same Law where a Lease was to the Woman for life, which takes a Husband, etc. Nat. Brev. f. 36. If Land be let to a single Woman, and she take a Husband, and the Husband makes waste, and dies, the Wife shall answer for this waste; but otherwise it is where the Land is let to the Husband and his Wife, for term of their two lives, and the Husband makes waste, and dies, the wife shall not answer for that waste, for it was the folly of the Lessor to let that to him, 15 H. 3. Tit. 133. Fitzh. Time of Ed. 1. Tit. 128. Fitzh. If a woman Tenant for life take a husband which makes waste and dies, it seems that the woman shall be charged of that, for that, that the woman agreed to the Lease after the death of her husband, 10 E. 3. Tit. 17. & Tit. 21. & 133. 23 H. 8. Tit. 138. If a single woman Tenant for life takes a husband which makes waste and dies, Action of waste lies against the wife; but if a Lease be made to the husband and the wife, and the husband makes waste and dies, it is otherwise, and held there for Law, that if the Termor make waste, and make his Executors, and dies, the Action of waste is gone, for it is as a Trespass which is a personal Action which dies with the person, but if the Executors make the waste, it lies against them: Fitzh. f. 56. A. If a Guardian in Knight-service grant over his Estate, and the Grantee makes waste, the writ of waste shall be brought against the Grantee, and not against the Guardian, but if the Guardian make waste, and after grant over his Estate, waste lies against the Guardian, and not against the Grantee: and so where Tenant for life, or for years, makes waste, and grants over his Estate, the writ of waste lies against him that made the waste, but waste shall be always brought against Tenant in Dower, or Tenant by the Courtesy, notwithstanding their Grant over, Fitzh. 550. Register, fol. 72. 40 Ed. 3. Tit. 33. Waste against Tenant for life, it is no Plea to say, that he had nothing in the Tenancy, Day of the writ purchased, nor ever after; for if he hath made waste, and granted his Estate over, yet he shall answer for this waste, and though the writ be. (which he holdeth) it is good; and by Finchden, waste is a writ of Trespass in his nature, and cannot be brought but against him which is Tenant when the waste was made, unless he be Tenant by the courtesy, or Tenant in Dower, 41 Ed. 3. fol. 23. & 44 Ed. 3. fol. 21. Fitzh. 55. C. In waste against Tenant in Dower, the Statute need not be rehearsed, nor in waste against Guardian, but against Tenant for life, or for years, by Demise, shall be rehearsed. Fitzh. 56. C. In waste against Tenant by the curtesic without rehearsing the Statute, that is, without, when of the common Council of our Kingdom of England, it is good, and so it seems it is, if it be rehearsed. Every writ of waste is to the disinheriting of him which brought the writ, and for that it shall be showed in the writ, though the Plaintiff hath Reversion by the Assignment of the Lessor. Fitzh. 58. A.B.C.D.E. Register, 74. & 75. And the writ of waste is of me, that is, the Plaintiff holds, and for that it is showed, by Assignment, as 46 Ed. 3. f. 25. Waste by the Assignment of the Defendant, Dd. that you have it by Assignment, and the Plaintiff shows that he had a Feoffment and Livery, saving the term, and good. Also it shall be showed in the writ of whose Demise the Defendant hath it, that is, as by the Demise of another. Fitzh. 57 A.B.C.D.E. Register, 745. that is, for the Plaintiff is to recover the place wasted, 34 H. 6. fol. 6. Tit. Waste Brook 121. 11 H. 6. f. 8. If waste or (Quare ejecit infra terminum) be brought, and the term ends, hanging the writ, the writ shall not abate; for though he cannot recover the place wasted, he shall recover Damages. Also if waste be brought (Quas tenuit) after the term ended, he shall recover Damages, though he do not recover the place wasted. So where one which holds for term of another's life makes waste, and after he for whose life dies, the Lessor shall recover Damages, though he do not recover the place wasted, Fitzh. 60. 10 H. 6. fol. 8. Waste, supposed, by the writ that the Defendant hath that by Legacy of one such ancester of the Plaintiff, for that, that the custom was so that he might devise, and good. 8 Ed. 2. tit. 112. Waste was found in a House, which was principal, and the Plaintiff by Award recovered all the House. 15 H. 7. fol. 11. By Fineux, where a Farmer of a Wood makes waste in one corner, this only is forfeited; but if it be in divers places of the Wood, all is forfeited, and the plots in this also, 15 Ed. 3. Tit. 108. See the time of Ed. 1. Tit. 122: Waste against Guardian. 4 Ed. 6. Tit. 136. By Bromley, if a man make waste in hedge-rowes, which enclose a Pasture, nothing shall be recovered but the place wasted, that is, the circuit of the Root, and not the whole Pasture, 41 Ed. 3. Tit. 24. B. Fitzh. 60. T. If a Guardian make waste, and the Heir being within age, bring a writ of waste, by this the Guardian shall lose the Wardship, and over that his Damages, to as much as the waste amounts unto. But if the Heir were of full age, that he looseth not the Wardship, than he ought to recover triple Damages, for that that he cannot lose the Wardship, according to the Statute of Gloucester. 43 Ed. 3. f. 6. Waste, it is a good Plea in Bar, that the House fell by Tempest, and if he covenant to repair that, it is no plea in Covenant. 49 Ed. 3. fol. 1. Waste, it is a good Plea, that at the time of the Lease, that the house was weak, and that the great Timbers were rotten, that it fell; for if any the principal Timbers were rotten, it is no waste, though he covenant to repair it. 8 H. 6. f. 57 Waste, it is a good Plea, that the Plaintiff hath entered into the Land, before which Entry, no waste made. 8 H. 5. f. 8. Waste, it is a good Plea, that he surrendered, to which the Plaintiff agreed, before that no waste made. 9 H. 6. f. 11. Waste by the Heir is a good Plea, that the Plaintiff hath an elder Brother which survived the Plaintiff, and after died, after whose Death no waste made, and a good Plea. 44 Ed. 3. f. 27. Waste against a Guardian in Knight-service, who saith, that after the Death of the Ancestor, J. F. (abated) against whom the Defendant recovered in a Writ of Ward, after which Recovery no waste made, and it is a good Plea. 12 H. 4. f. 6. Waste, it is a good Plea, that that fell before the Lease. 19 H. 6. fol. 66. Waste, that he suffered the House to be uncovered, by which the great Timber rotten; it is no Plea to say, Day of the Writ purchased, the House was sufficiently repaired; but to say, after the waste, and before the Writ purchased, it was sufficiently repaired. 8 H. 6. fol. 61. Waste, held where Land is given to the Husband and the Wife, and the Heirs of the Wife, and the Husband discontinues in Fee, and takes an Estate for life, and the Wife dies, the Heir of the Wife shall not have waste, before that he hath purged the Discontinuance, 8 H. 6. f. 63. Fitzh. 59 E: The heir within age shall have a writ of waste, against a Guardian in Socage, 2 Ed. 2. Fitzh. the same, Nat. bre.. 58. If a Guardian in Socage make waste, the Heir when he cometh to full age, shall have an action of account for that. 14 Ed. 3. tit. 107. It seems that waste lies against a Guardian in Socage, tit. 100 Fitzh. Fitzh. 58. H. There is a writ of waste in the Register, for him in reversion, against tenant by Elegit, which hath the Lands in execution, but it seems he shall not have waste, for that, that he may have a venire facias to account, and there the waste shall be recompensed in the debt, but by the action of waste, he shall recover triple damages, which he shall not have in the account. Nat. Bre. fol. 37. waste doth not lie against tenant by Elegit, nor against tenant by Stat. Merchant; but if they make waste account lies, 42 Ed. 2. tit. 11. fol. If a Lease be made to one to use it in the best way that he can, now he cannot make waste. 17 E. 3. tit. 101. If a Lease be made to one, so that he may make his profit of that, etc. yet it shall not be intended, such as common right gives him; for he cannot pull down abouse and make waste. Action upon the Case. Action upon the case in Court baron, and other Court, and first for slander. IT lies for calling one traitor, fellow, and robber of the King's people, and that is to be noted in justice seaton's case, 30. Ass. 19 22. Book of ass. 43. presentment, that one a is common Malefactor, or a common thief, or a common Baretor, is not certain, and is not good; and so it is thought by divers, to say that one is a common malefactor, or a common baretor: this action doth not lie, for it is too general. 2 Ed. 4. fol. 5. For calling one villain, it seems that action upon the case doth not lie. 17 Ed. 4. fol. 3. Saith there, that an action upon the case doth not lie, for calling the Plaintiff villain without more. Nat. Bre. fol. 55. There are two desamations or slanders, the one spiritual, the other temporal: temporal where he cannot be punished by the spiritual Law, as to say that the Plaintiff is outlawed of murder, conspiracy, forging of deeds, etc. 30 H. 8. tit. 104. Lieth for calling the Plaintiff perjured man; for now perjury is punishable in our Law by the Statute of 5. Eliz. yet inquire, for that it is not in what Court or cause he was perjured. Register fol. 54. For calling the Plaintiff Adulterer or Usurer, Defendant shall be punished in the spiritual Court, and there doth not lie an action upon the case. 4. Ed. 6. tit. 112. Lies for calling the Plaintiff a false Justice of Peace. 27 H. 8. fol. 13. It lies for calling the Plaintiff thief, and inditing him of felony, and note the words of the writ are, that he is hurt in his goods, his name, fame, and condition. 26. H. 8. fol. 11. For calling the Plaintiff Thief, and saying that he hath stolen sheep of one I. S. It lies. 17 Ed. 4. fol. 3. Lies for writing slander in a paper, by which he durst not go about his business. 27. H. 8. fol. 17. For calling the Plaintiff Heretic, and one of a new learning, it doth not lie. Book of entries fol. ●2. A precedent there, in an action of the case, for calling the Plaintiff false man; but inquire if it lies, for there was not there exception taken: and there is there another precedent for calling the Plaintiff thief, and saying he hath received 20 l. value of his goods. In the Book of Entries, fol. 13. there is another precedent of an action upon the case, that a certain Letter or Bill, with divers slandering words, and defaming, in the said Bill or Letter he caused to be writ. It was the opinion in the King's Bench, that for calling the Plaintiff Rogue, Cozener, or villain, action upon the case doth not he; for you shall not have action upon the case, for every word of anger reproachful; for it is said, that (Scandulum) is a Greek word, which goes to the overthrow of one, and for that it hath been thought, that if the words intent to the destruction of the Plaintiff, that he shall have an action upon the case, and for that where the Defendant saith, that the Plaintiff was infected with the robbery of Jerom, H. and smells of it, the opinion was, that action upon the case for those words doth not lie. Adjudged in London, that an action upon the case lies brought by Huson, Inholder, for that the Defendant said falsely, that he had buried divers which died of the Plague, in his house, in his Garden, when the plague was not in his house, by which his guests refused to come to his house. Also it was the opinion of the King's Bench, that an action upon the case doth not lie, for calling the Plaintiff false knave. Essex in the King's Bench Roll. 149. Hill. Term, 26. Eliz. Rich. Kerby Gentlemen, brought his action upon the case against John Waller, for saying these words, that is, thou Kirby art a false cozening knave, and hath falsely cozened my two Kinsmen, William Walker, and Thomas Walker, Brothers of the said William, of Lands worth 6000 l. the manner of Py●on in Rameshold, and I will bring thee to stand upon the Pillory for that. And adjudgad that the action doth not lie, and the Jury taxed damages to a 100 l. and upon that adjudged that the action did not lie. London, Thomas Gittens Carpenter, Anno 26. brought his action upon the case against James Redforne in the Exchequer, for saying these words, Thomas Gittens is a cozening knave, and I have proved him a cozening knave before my Lord Mayor of London, for selling a Saphir for a Diamond, and adjudged that it doth not lie. Action upon the case upon a warrant ●f a thing sold, and upon knowledge without wairant. ACtion upon the case lies for selling corrupt wine, and the writ is, knowing it to be corrupt, and warrant is not to purpose, for it is ordained that none shall sell corrupt victual, if he know it, and so the Issue was, whether it were good and not corrupt. An action upon the case lies for selling corrupt victual, if he know it, and so the issue was, whether it were good and not corrupt, an action upon the case lies for selling so much Cloth and not well fulled, where he warrants it, 11. H. 6. fol. 22. Note the use, where Measel Porks are fold at Rumford, to have restitution of his money if they prove Measel, 9 H. 6. fol. 53. 7 H. 4. fol. 16. Action upon the case lies for selling corrupt wine, knowing, etc. the Defendant saith, that he tasted it, and accepted it for good: the Plaintiff saith, he accepted it for good upon condition, if he liked it, after it came to his house, etc. 19 H. 6. fol. 49. If one sell wine without warranty, if that be corrupt, action upon the case lies, for it is prohibited by law, 7. H. 4. fol. 76. 13 H. 4. fol. 2. If one sell to me a Horse apparent blind, and warrant him sound of all his Members, and I see him, I shall have no deceit, for that I might see it, otherwise it is of a disease within his body, there upon the warrant I shall have deceit. But if one sell a blind horse, and warrant him to one that doth not see him, deceit lies: If one sells to me wine, and I bid my Servant to taste it, deceit doth not lie if it be corrupt, for that he hath tasted it. Fitzh. 94. C. If a man sell a horse to another, and warrant him to be sound and good, etc. If the horse be lame or diseased, that he cannot work, action upon the case lies, And so if one bargain and sell to one certain Pipes of wine, and warrant them to be good, and they are corrupt, action upon the case lies against him, and by Fitzh. it behoveth that he warrant the horse, and also the wine, otherwise action upon the case doth not lie, inquire of the wine. Fitzh. 98. K. If a man sell Clothes and warrant them to be of a certain length, if they be not of such a length, he he which buys them shall have a Writ of Deceit against him, but if the warranty be made after the bargain, is otherwise. 11 Ed. 4. fol. 7. Where one sells Clothes and warrants them to be of such a length, and they are not, deceit lies, for he could not know but by measure, and he believed him, but it is said, if he warrant Seeds to grow that is in Cod, or that a Horse shall carry one ten miles in two hours which is to come, or warrant Cloth to be murrey where it is blue and see it, deceit doth not lie, but if he warrant Cloth to be of such a Country when it is not, deceit lies. 11 R. 2. Statham, If one sell a Horse, knowing him to be lame, and warrant him to be sound, the Defendant saith that he sold him sound, without that, that he warranted him. 31 H. 6. fol. 11. Statham, If one sell a Horse, knowing him to be lame and do not warrant him, action upon the case doth not lie. 20 H. 6. fol. 37. By Paston, and not denied, if a man sell a horse which hath a disease, the Buyer may have action upon the case, that the Defendant knowing his Horse to be diseased; sold him, though he do not warrant him to be sound; notwithstanding it seems otherwise, where the Buyer may see the disease, by looking upon him as a splint, a spavin, or an eye. 9 H. 7. f. 22. If one sell a thing, and warrant that at the same time, he may have deceit, notwithstanding that he hath not paid the Money, for that, that he might have debt at his pleasure for the Money. Action upon the case for cozenage and deceiving of one. ACtion upon the case was brought against W. C. for that the Defendant took eight Oxen of J.S. and offered to sell them to the Plaintiff as his proper Goods, and by this salsity the Plaintiff trusting to the honesty of the Defendant bought them, and paid seven pound, and after the owner took the Oxen, by which the Plaintiff lost the Oxen by this falsity to his wrong and damages, etc. Book of Ass. 8. 20 H. 6 fol. 25. Deceit was brought, for that the Defendant was his Attorney, and aught to have taken an Obligation of J.S. for a hundred pound to the Plaintiff, and he took it to himself; and it is said, he ought to declare that he took a Fee of him: And so lieth an Action upon the Case for such Cozenage and Deceits: Which note. 9 E. 4. fol. 12. By Littleton, Debt against two, as Executors, and one is no Executor, nor never administered, etc. Yet he acknowledged the Action, and the other made default, the Plaintiff recovers, the other hath no remedy but an Action of Deceit; that is, Upon the Case, for he is party to the Judgement. 42 Ed. 3. f. 14. Conspiracy in the nature of an Action upon the case was brought against three, which conspired to make one of them Attorney for the Plaintiff, and to plead as they pleased, and so to cause the Plaintiff to be found a Villain to one of the Defendants, and it lies, 26. Book of Assizes 62. 47 Ed. 3. f. 15. Action upon the case lies in nature of a Conspiracy, for that the Defendant procured and caused a false Office to be found, by which the Manor of the Plaintiff was seized into the King's hands, Tit. Conspiracy, 8. B. See 27. Book of Assizes 73. Fitzh. 114. D. 43 Ed. 3. f. 20. Deceit, for that the Defendant procure J. S. to bring a Formedon against the Plaintiff by Collusion, by which he was travel by the Suit, and brought a Writ of Warrantia Chartae in defence of that, and it lies. Where an Action upon the Case lies for a thing pawned, and for a thing borrowed, and where not. ACtion upon the Case doth not lie, for riding his Horse which he had hired of the Plaintiff, which was weary, so that he had no service of him by six Days, for weariness is natural after labour, and for that he ought to show some Fault in the Defendant, if he will have that Action. Fitzh. 86. C. If one borrow certain Money, and deliver certain of his Goods in pawn for it, and he offers the Money to the party again, and prays Delivery of his Pawn, and the other refuse it, he shall have an Action upon the Case for the Pawn. 40 Ed. 3. f. 6. If I borrow a Horse, and he dies suddenly, and not by my default, I shall not be charged to restore a dead Horse. Doct. & Student. f. 29. If one use the thing borrowed, in other manner then to what it was borrowed, he shall be charged, if they perish in any manner: but if he use them as they were lent, if they perish not through his default which borrowed them, the Owner shall bear the loss. Doct. & Student. fol. 128. If a man borrow a Horse, and puts him in a house which falls upon him, if it were strong and not feeble to fall, he shall be discharged, otherwise it is, if it were weak. 21 Ed. 4. Tit. 42. Detinue of Goods, Br. Detinue of a Horse, it is a good Plea, that at the time of the Delivery, the Horse was sick of divers Diseases, as Bots, Glanders, and such like, by which he died at D. such a day and year, before request made by the Plaintiff to redeliver him, and it is a good Plea, contrary if he do not say, it was before request, for if it were after request, that had been the folly of the Defendant. Where Action upon the Case lies, or Detinue, and where Trespass, and where not. IF the Lessor will not discharge his Farmer of a Tenth, or of a Fifteenth, or of Quitrent, which are due by the Lessor, and the Farmer pay it, yet he cannot keep that back in the payment of his Rent, but shall have an Action upon the Case, 21 H. 7. f. 12. 7 H. 4. fol. 3. If the Testator hath my Goods amongst his Goods, and dies, Trespass by force and Arms doth not lie against his Executors for these Goods, but Detinue in an Action upon the Case: and if one find my Goods, Trespass doth not lie against him, but Detinue, or an Action upon the Case. 12 Ed. 4. f. 10. If one take my Beasts, and another take them from him, I shall not have Trespass against the second, but Action upon the Case, 21 Ed. 4. fol. 89. the same. 13 Ed. 4. fol. 9 If Goods be delivered to one, he cannot be a Trespassor of them, but a Detinue lies of them. 18 Ed. 4. f. 28. Where one hath Goods by my Delivery, I shall not have Trespass, but Action upon the Case, and Count of misusing of them. 46 Ed. 3. fol. 15 Trespass, if the Defendant saith, that the Goods were thrown into the Sea by a Tempest, for safeguard of the Ship, and he took them, and Trespass doth not lie against him, for that they were not taken out of the possession of the Plaintiff. 21 H. 7. f. 39 By Fineux and Tremail, if I deliver Goods to a man, and he gives them, or sells them to a stranger, if the stranger takes them without Delivery, I shall have a Writ of Trespass; but if he makes Delivery to the stranger of them, I shall have no Trespass. Littleton, fol. 14. If I deliver to one my Sheep to dung his Land, or my Oxen to blow his Land, and he kills my Beasts, I shall have Trespass, that is to be intended Trespass upon the Case, and not Trespass by force of Arms. See 2 Ed. 4. f. 5. in Parco fracto. 18 Ed. 4. fol. 23. In Action upon the Case, where he counts of misusing of a thing delivered to the Defendant, or converting it to his own use, is to recover Damages for the thing, and where one will recover the thing itself, he shall have Detinue. 7 Ed. 4. f. 4. Where one comes to Goods lawfully, as by Delivery, Trespass doth not lie against him, but Detinue. 12 E. 4. f. 8. A man shall not have trespass general, that is, by force of Arms, against him that mis-uses a Licence in Deed, as to ride a Horse twenty Miles, where he borrowed the Horse but for ten Mile; but he shall have an Action upon the case; contrary, if one mis-use a Licence in Law, as to enter into a Tavern, there he shall have Trespass, by force of Arms, 21 Ed. 4. f. 76. the same. 18 Ed. 4. f. 2. If my Bailiff kill my Kine, Trespass by force of Arms doth not lie, but an Action upon the Case. 21 Ed. 4. fol. 22. Action upon the Case lies against J. S. Officer of the King's Bench, for that that the Plaintiff affirmed a Plaint of Debt against J. D. in London, the said J. S. purchased a Supersedeas of Privilege for J. D. supposing that he was his Servant. 2 H. 4. f. 19 Action upon the Case by the Neighbour of a fire, lies, that according to the Law and custom of the Realm of England, etc. that every one shall keep his fire, least by his fire any loss should come to his Neighbours. 42 Ed. 3. fol. 11. Action upon the case lies, where throughout the whole Realm of England it was a custom, that the Host should keep the Goods that their Guests brought into their House, if it be a common Inn, and should be charged, though they were not delivered, and though that the key of his Chamber were delivered to the Guest, 22 H. 6. f. 24. 2 H. 4. f. 8. 14 H. 4. f. 43. Fitzh. f. 94. B. 11 H. 4. f. 43. 28 H. 6. f. 7. Action upon the case lies, for that, that the Dog of the Defendant worried the Sheep of the Plaintiff, he knowing his Dog to be accustomed to worry Sheep, and it is no Plea for the Defendant that he did not know, By moil, but he ought to answer, that he did not worry the Sheep. 41 Ed. 3. fol. 24. If a man ought to grind his Corn at the Mill of the Defendant without paying Tole, and the Miller take Tole, trespass by force of Arms lies, and so it is said where he takes more Tole than he ought, but if one hinder people to come to my Market, Action upon the case lies. 13 H. 4. f. 12. Action upon the case lies, for that, that he hath a Leet in the Manor, Eyer and Court, from three weeks, etc. There hath the Defendant held Court within the same Manor, and hath distrained his Tenants by great and often distress, and hath impoverished them, that they cannot pay their Rent, Fitzh. 94. E. the same. 33 H. 6. f. 16. Action upon the case lies, where his Steward comes to hold a Leet, and the Defendant disturbs him. 11 H. 4. fol. 45. Schoolmaster shall not have an action of the case against another, for setting up another School, that he cannot have so many Scholars as he had before, for the profession is free, and is for the Commonwealth: the same law of erecting a Mill upon his own land, though the Plaintiffs Tole be diminished, he shall not have an action upon the case, 22 H. 6. f. 14. Mill levied. 48 Ed 3. f. 25. Action upon the case lies against Tenant at will which makes waste, or burning a House willingly, and not an action of waste, Lit. 14. 21 H. 6. fol. 43. 7 H. 4. f. 8. Action upon the case lies, for that, that the Defendant ought to repair a certain wall upon the Thames, and doth it not, by which the land of the Plaintiff is drowned, Fitzh. 93. E. the same. 7. H. 4. fol. 16. Account doth not lie against a Bailiff, or Servant for driving his Blow, in which default the Beasts perished, but an action upon the case lies for his negligence, for default of good keeping. 2 H. 7. f. 11. Action upon the case lies for negligent keeping my Sheep, and the same Law for negligent carrying my Pots, or glass; and where one keeps my Horse, and starves him for Meat. 7 H. 4. f. 45. Action upon the case lies by the Lord of B. against him which bought and sold in the Market of B. without paying Tole, and though the Writ was (Tollenam asportavit) yet it was also, and he denied to pay it, and for that it was awarded good, for the first words are void and the last sufficient. 11 H. 4. f. 25. If a way belonging, etc. be stopped, Assize of Nuisance lies, but for stopping of a way engross he shall not have an Assize of Nuisance, but action upon the case. 14 H. 8. f. the last, Where part of a River, or way is stopped which is narrow, action upon the case lies, and where the whole, an Assize of Nuisance, an action upon the case lies where he hath no other remedy. 11. Ed. 4. f. 23. It seems there that a good Pleader, may frame actions upon the case for many matters which are in the Chancery. 26 Book of Ass. 79. Action of the case lies against the Sheriff which quashed an essoign erroneously, for false Judgement doth not lie unless it were Judgement of the Suitors. Fitzh. 114. D. If one Person of his malice, and by his false imagination, labour and cause another to be iudicted falsely, the party which is so indicted shall not have a Writ of conspiracy, but an action upon the case against him which caused him to be so indicted. Fitzh. 95. D. If one play with others at Dice, and he hath false Dice, and wins Money of others with false Dice, Action upon the Case lies for this deceit. 13 H. 7. fol. 26. Action upon the Case lies, where one hath a Watercourse by Prescription, to Brew, and water Beasts, there hath the Defendant made Limepits, etc. 4 Book of Ass. 3. See Nuisance for Lever Tozaile to the annoyance of the . Action upon the Case for misusing an Officer in his Office. ACtion upon the Case lies against a Sheriff, where the Plaintiff hath Charter of exception, that he shall be impanelled upon no Jury, and shows that to the Sheriff, and yet he empanels him, 18 H. 8. fol. 5. 21 H. 7. fol. 22. by King, Where the Sheriff serves a (Fieri facias) and levies the sum, and doth not return the Writ, the party may have trespass against him for levying that; the same Law, if by a (Capias) the Sheriff arrest one, and doth not return the Writ, false Imprisonment lies, 20 H. 7. fol. 13. 21 H. 6. tit. 6. B. 6 H. 6. Tit. 9 Trespass upon the Case was brought against an Escheator, because he found an Office, that the party held of J. S. and he returned an Office, That the party held the moiety of the King in Chief, and by the Court it lies, for he and the Sheriff are Officers of Record, but not Justices of Record; for there it was agreed that an Action doth not lie against a Justice of Record, 9 H. 6. fol. 60. the same, 12 H. 6. fol. 3. 47 Ed. 3. fol. 15. Conspiracy, in the nature of an Action upon the Case, was brought for that, that the Defendant procured, and caused a false Office to be found, by which the Manor was seized into the King's hands, and he sued that out to the Loss. 21 Ed. 4. fol. 43. If the Sheriff upon a Writ of second deliverance, makes deliverance to the Plaintif of the distress, and will not return the Writ, so that the Defendant may constrain the plaintiff to come and count, so that he may avow; the Defendant shall have remedy against the Sheriff, and this seems, by an Action upon the Case. 8 H. 6. fol. 1. Where in Praecipe, the Sheriff returns a Summons, where he was not summoned, by which he loses his Land, Action upon the Case lies against the Sheriff: See that deceit lies. 19 H. 6. fol. 29. Action upon the Case lies against the Sheriffs Deputy, for imbezzeling a Writ of (Habeas corpora) and it lies as well against him that stirs up another to do it, as against a doer. 16 H. 6. tit. 38. by Paston, If the Sheriff return a man sufficient, upon a Venire facias, by which the next Sheriff i● charged of the Issues, he shall have an Action upon the Case against the Predecessor, for he cannot return nihil against the return of his Predecessor. 1 H. 6. fol. 1. Praecipe, Where the Tenant looseth his Land, by default upon a false return of the Sheriff, as he returns the Tenant summoned, where he was not, deceit lies, but if the Summoners were dead, Action upon the Case lies. 38 Book of Ass. 13. Action upon the Case lies against the Sheriff, where he made a Precept to one, which was no Bailif of the Franchise, which returns a Jury, by which this was quashed to the damages, etc. 41 Book of Ass. 12. Deceit in the nature of an Action upon the Case, lies against the Sheriff, for that, that one was outlawed at his Suit, and that the Defendant than Sheriff, would not return the Writ to the loss, etc. 30 Book of Ass. 5. Where the Bailiff of a Franchise returns a Pannell to the Sheriff, and returns another Pannell of himself, this shall not be outed at the request of the Bailif, but they shall have their action of the case against the Sheriff. 11 H. 6. f. 18. If a Lawyer be retained to look over evidence, and after he discovers that to another person, by which, etc. Action upon the case lies against him; contrary if he show him his evidence, and do not retain him. 15 H. 7. f. 14. By From: Where an Attorney appears for a man without authority, and Imparles, where he might have pleaded misnaming, and by this hath lost the advantage of this Plea; Action upon the Case lies against him, for that, that he appears without authority. 9 Ed. 4. tit. 118. B. Where a Guardian pleads falsely for an Infant, or vouches one which is not sufficient to render in value to the Infant, the Infant shall have a● Action of Deceit. Action upon the Case against Executors. ACtion upon the Case was brought against the Executors of J. D. and Count that J. S. bought things of the plaintiff, and J. D. undertook, if he paid not at the day, he would, and counts that he had Assets sufficient to pay all his Debts and Legacies, and sufficient to content him, and it lies: Note, J. D. did not make the bargain and contract, but undertook for J. S. and upon Assumpsit he could not wage his Law, 12 H. 8. fol. 12. 27 H. 8. f. 29. Where Tatam was in execution, the Defendant saith, if he would discharge him out of execution, that such a Day he would pay him, if Tatam could not: the same Law, if he saith to a Baker, Deliver Tatam so much Bread, and if he do not pay you such a Day, I will pay you; Debt doth not lie against me upon this Promise, but an Action upon the Case. 27 H. 8. f. 27. It seems if a man be indebted upon a simple Contract, leaves Assets, and dies, the Action upon the Case doth not lie against the Executors, for the Testator might have waged his Law, but he shall have a Quo minus in the Exchequer. 15 Ed. 4. f. 15. Where the Testator may wage his Law, as in Debt of Contract made by him, and borrowed, Debt doth not lie against his Executor. Ploughed. Com. f. 181. Action upon the Case was brought by Richard Norwood, against the Executor of Tho: Grace, and counts that the Testator in consideration of forty shillings to him paid, undertook to deliver to the Plaintiff certain Corn at a Certain Day, and did not; and counts that the Goods and Chattels of the said Tho: Grace the Testator, at the time of his Death were sufficient to satisfy, as well all the Debts which the said Tho: Grace did owe to any person, or to any persons, at the time of his Death, as to satisfy the Plaintiff for the said forty shillings; and adjudge that this Action lies against the Executors. And if an Action upon the Case be brought against Executors upon a simple Contract, if the have no Assets but to pay Specialties, they may plead that, and shall not be charged. 4 Ed. 3. chap. 7. is, That an Executor shall have Trespass of Goods carried away in the life of the Testator, or before: an Action personal dies with the person. 7 H. 4. fol. 8. Executors shall have Ejection firm by the equity of the Statute. 23 H. 8. Tit. 138. Waste, if a Termor make waste, and makes Executors, and dies, the Action of waste is gone, for it doth not lie against Executors, but for waste made by them. Action upon the Case, for not performing his Promise, and Assumpsit, and the place, and how, where it shall be traversed. WHere a man makes a promise, or an Assumption to do a thing, and doth it not, and there is no specialty of that promise, he shall have an Action upon the Case, and not a Covenant, for that it was not by specialty; as for a hundred pound paid, the Defendant bargained, and sold his Land to the Plaintiff, and promised to infeoff him, and infeoffs another person, he shall have Deceit, or Action upon the Case, 20 H. 6. f. 36. 3 H. 7. f. 14. Action upon the Case, and counts that the Defendant for 10. l. took upon him to labour for the Plaintiff to J.S. that J. S. should let the Manor of D. to him, and counts that the Defendant hath taken that to himself, the Action lies: so if he undertake for 10. l. paid, to infeoff him, and infeoffs another, for this mis-doing, an Action of the case lieth, 2 H. 7. f. 12. the same. 48 Ed. 3. f. 6. Action of the Case lies against him which took upon him to cure the Plaintiff of a Wound, and did not, and by his negligence the Plaintiff was worse. 3 H. 6. f. 37. Action upon the Case, and counts that the Defendant took upon him to make a Mill before such a Day, and did not, but held that he ought to have counted what he should have, for it shall be Quid pro quo, and otherwise the Action doth not lie. 2 H. 4. f. 4. Action upon the Case, and counts that the Defendant took upon him to make him a House, and it seems it doth not lie, I conceive that was, for that he doth not count what he should have for doing it, 11 H. 4. fol. 31. 14 H. 6. fol. 19 Action upon the Case, where one had bargained to him certain Land for a certain sum, and undertook that a stranger released unto him. Where a Carpenter covenants to make to me a House, or a Chirurgeon takes upon him to cure me of my Hurts, and they do not, for this not doing, it seems, an Action upon the Case lies. 21 H. 6. f. 63. If one for ten Marks bargain with the Plaintif for two Pipes of Wine, and undertake to deliver them at D. and did not, an Action upon the case lies, though that sounds in Covenant, for that there is no specialty, and the same Law is of all other bargains; and by Paston, bargained, sold, or bought: It is no diversity to one or the other. 19 H. 6. f. 49. Action upon the case that the Defendant assumed upon him to cure his Horse of a certain Disease, and that be negligently, and carelessly applied Medicines, that the Horse died, and it lies. 26 H. 8. Tit. 133. Action upon the Case, that the Plaintiff delivered Goods to the Defendant, and the Defendant for ten shillings undertook to keep them safe, and did not, to the loss, etc. The Defendant saith, that he had them not by the Delivery of the Plaintiff, good by Fitzh. and Shelley. 34 H. 8. Tit. 107. Action upon the Case in London, and counts that he was Possessor of Wine and Stuff, and showed that certain in such a Ship. The Defendant at London assumed for ten pounds, that if the Ship and Goods did not come safe to London, and are there landed, that then he would satisfy a hundred pounds to the Plaintiff; and that afterwards the Ship was rob upon Trade, on the Sea; and for not satisfaction, he brought his Action; the Plaintiff doth not show where he was possessed, and yet good, and the truth was, that the Bargain was beyond Sea, and not in London. But where the place is not local, it is not material, and though he were rob upon the main Sea, the Action lies in London upon the Assumpsit. See after fol. 1. 19 H. 6. f. 49. Action upon the Case, that the Defendant at London took upon him to cure his Horse, and that carelessly he gave him a Medicine that the Horse died: the Defendant saith, that at Oxford in the County of Oxford, he took to cure his Horse, which saith, without that, that he undertook at London, and held a good Plea. 3 H. 4. f. 4. Deceit in Land of that, that the Defendant there did undertake, that the Lord should cause him, to have certain Copyhold of the Manor of D. in the County of Middlesex, and he assured that to others, and saith, that he might be sued where the Assumpsit was, or where the Land is. Inquire. 11 H. 4. fol. 4. Trespass by Executors in Middlesex, of Money taken in the life of the Testator: the Defendant saith, that the Testator was indebted unto him, and delivered that to him in London, in the name of Payment, etc. and it is no Answer to the Trespass in Middlesex, but he should say, without that, that you took it in Middlesex, as the Plaintiff suppose, and is good, 7 H. 6. f. 37. & 22 Ed. 4. f. 38. the same. 4 H. 6. fol. 12. Trespass of a Close broken in D. Defendant justifies in S. for Common appendent, and aught to traverse, without that, that he is culpable in D. 22 H. 6. fol. 40. 9 H. 6. f. 62. Trespass of digging a Turbary in D. in the County of Middlesex, he cannot justify in the County of Essex, without that; that he is guilty in the County of Middlesex, for he may plead not guilty, if it be in another County, but in Trespass local in D. the Defendant may justify in S. in the same County, without that, that he is guilty in D. but in Trespass transitory in D. Defendant cannot justify in S. in the same County, without that, that he is culpable in D. yet in Trespass of Battery, or Trespass of Goods taken in D. in the County of Middlesex, and Defendant justifies in S. in the County of Essex, without that, that he is culpable in D. in the County of Middlesex, 5 H. 4. f. 2. 10 H. 7. f. 27. 11 H. 6. f. 20. 5 H. 4. f. 3. Trespass of Sheep taken at D. in the County of Hartford: the Defendant justifies the taking in Smithfield in London, doing Damage, he ought to say, without that, that he took them at D. in the County of Hartford. 6 R. 2. chap. 2. That Writs of Debt and Account, and all such whatsoever hereafter shall be taken in their Counties: and it is ordained, that if hereafter it be declared, the Contract thereof to be made in another County, that then incontinently that Writ shall be quashed. 9 Ed. 4. fol. 48. By Needham, a man cannot plead in Abatement of a Writ, and say, the Contract was made in another County, for the Statute is not intended, but where it appears by the Writ, that the Contract was made in another County; but before this time they have used to make Examination where the Contract was made, and upon that abate the Writ, if it were in another County, but this not used now. See 3 H. 6. Tit. 30. Examination, & fol. 36. 18 Ed. 4. fol. 1. Nuisance, that a Mill was erected in D. in the County of Kent: the Defendant saith, that he and all his Ancestors have been seized of a Mill in the County of Essex, and the Mill fell by? Tempest, and he built it, without that, that he is guilty of any Annoyance in D. in the County of Kent, and doth not traverse all the County, and yet good by the whole Court, for that, that the thing is local, and annexed to ; and contrary of beating, or Goods carried away, which may be continued, and is transitory, 21 H. 6. f. 11. 2 M. Tit. 283. Traverse by, without that, of Trespass of Battery, or Goods carried out, it is transitory, and is not local, as of Trees cut, and Grass mowed; and therefore in Trespass transitory, the place shall not make Issue, and is not traversable, no more then in Trespass upon the Case upon an Assumption, and these may be continued; contrary of Trespass local. See after Title Vill. 34 M. Tit. 268. Traverse by, (without that) Action for making false Cloth in Bartholomew Fair, London, against the Statute: Defendant saith, that he made them well and truly in D. in the County of E. without that, that he made them in Bartholomew Fair, London, as, etc. and it is good, 22 Ed. 4. f. 38. the same verbatim. Bargains and Contracts. For that your Actions of Debt are in Court Barons of Bargains and Contracts, it is convenient to speak something of Bargains and Contracts, and where the Cause or Duty is traversable, and where otherwise adjudged, what is a good Plea, and what Pleas he shall not have, for that he may wage his Law. DEbt of that, that he let one Chamber, and Board for his Wife and Son, for every Week six shillings, it is a good Plea, to say, that he did not let the Chamber, for he destroys the Contract in part, and it is entire, 9 Ed. 4. fol. 1. 21 Ed. 4. f. 26. If the Plaintiff sell two Horses for forty shillings, and counts in Debt, that the Defendant bought a Horse for forty shillings, the Defendant may say, that he owes him nothing, in manner and form, or vary from the Contract, and the Jury upon pain of Attaint ought to find for the Defendant; the same Law is, if he sell one Horse, and counts that he bought two Horses for forty shillings; or if he sell a Horfe for forty shillings, and count that he bought an Ox for forty shillings, upon pleading that he oweth him nothing in manner and form, this is material to aid the Defendant. 3 H. 6. fol. 51. Debt and counts for Tallow bought for forty shillings: the Defendant saith, that he bought the Tallow for three shillings and four pence, which he is ready to pay, and to the remnant wages his Law, and had it. 14 H. 8. fol. 17. If I sell Goods for so much as J. S. shall say, it is no Bargain forthwith, and yet if he sell them to another, before J.S. saith, what he shall pay, Action upon the Case it seems lies. 14 H. 8. fol. 20. If Lessee for years grant his Interest to one upon Condition, that he obtain the good will of the first Lessor, and pay so much as he shall arbitrate, and he obtain his favour, this is a good Contract: but there agreed, that is but a Communication without (Quid pro quo) forthwith, or at the Day agreed, as here. If you say, that you will give to me ten pounds for my Horse, and you do not pay forthwith, it is no Bargain; but if you be telling out your Money, he cannot sell that to another in the mean time, for there was no fault in you: but if Agreement be, that you shall give ten pounds for my Horse, and I give a Penny in earnest, that seems a perfect Bargain, and you shall have the Horse, and I shall have the Money by Action of Debt, 15 H. 7. f. 6. 10 Ed. 4. f. 21. If a Priest be hired to sing for ten pounds per annum, he is not compellable to serve, as a common labourer is, but if he depart within the term, his Wages is entire, and shall have nothing, and there it seems if one sells his Horse to me for twenty shillings, he may keep him till I have paid him. 17 Ed. 4. f. 1. Trespass of Corn taken: Defendant saith, the Bargain was, that the Defendant should go to J. S. and see the Corn, and if they liked upon the view, and gave forty pence for every Acre that he should have it: and saith, that he liked them upon the view, and took them, and it is no good Plea; for notwithstanding the Bargain was, that he should have upon his good liking upon view, yet it is upon giving forty penny for every Acre also, and he cannot take them before he pay, for that is parcel of the Contract. And so if one agree upon the price for Wares, he cannot take them before he pay, unless he have Day of Payment given unto him. 18 Ed. 4. f. 6. The Husband sells Trees growing upon the Land of his Wife for twenty pound, and the Buyer takes part of the Trees, and paid ten pound, and after the Wife died without Issue, so that the Husband shall not be Tenant by the Courtesy: The Husband shall have Debt for the ten pound, for that, that the contract was entire, and yet the Buyer shall not have the residue of the Trees. And where one sells another man's Horse, which he hath by wrong for ten pound, out of an open Market, and the owner take the Horse, as he may; yet debt lieth for the ten pound, for that, that the Contract was once executed, and by Brian, if one sells a Horse for ten pound he may keep him if he will till he be paid. 20 H. 6. f. 22. A man seized in fee of land, sells the trees, and after makes a Feoffment in fee to another before the cutting, the buyer shall have the Trees. 21 H. 7. f. 6. by Fineux, If one ask the price of a Cloth of a Merchant in London, and he saith, twenty shillings, and the party saith he will give it, and he takes the Cloth the Merchant may have action of Debt for the twenty shillings, or keep it till he be paid, and if the other take it against his will, he shall have trespass at his choice 14 H. 8. f. 17. If I sell my Horse for so much as J.S. shall say, it is said it is no bargain forthwith, but if he sell that to another before J.S. have said what he shall have, I shall have an action upon the case. 23 H. 6. f. 50. Debt, the plaintiff counts that he sold twenty Acres of land to the Defendant for twenty pound, which he demanded, and by Newton though the Plaintif do not infeof the Defendant, yet he shall have Debt, and the Defendant shall have an action upon the case against the Plaintif: See, 3 H. 7. f. 14. 2 H. 7. f. 12. Action upon the case lies for that, that the Defendant hath bargained and sold to him lands, and that he hath enfeoffed another of them and the Defendant traverses the Feoffment to another, and that proves that this is the cause of his action and not the bargain. 18 Ed. 4. f. 16. If the bargain were that the Plaintif should give ten pound for so much wood, if he liked it, or it pleased him upon the sight thereof, this is a bargain at the buyers pleasure: Now if first upon the sight they disagree, than it is a void bargain, though he after agree to it, and if he agree upon the sight it is a perfect bargain, though after he disagree. 5. H. 7. f. 41. One sells Goods or Wares, and after the Sale he warrants them, this warranty made at another time then at the Sale is void. 9 H. 7. f. 22. If the Seller warrant the thing sold, the Buyer may have deceit; though he hath not paid the Money, for the Seller may have Debt. 10 H. 7. f. 7. Agreed by the Court, If I sell certain Goods to another for a certain sum, although he do not pay the Money, if a day of payment be appointed, that is a good bargain, and the property altered by this sale. And by Hussey and Bria●: A Victualler shall be compelled to sell his victual, if the Buyer tender him ready payment, and otherwise not, 39 H. 6. f. 18. contrary by Prisot. 21 H. 7. f. 6. By Fineux, If one demand the price of a Cloth of a Merchant in London and he saith twenty shillings, and the party saith he will give it, and takes the cloth it is in election to make that a bargain, and to have an action of debt, or to keep it, till he be paid, and if the other take the Cloth by reason of this bargain, against his will, he may have action of trespass. Blow. Com. f. 309. Where one undertakes by word to make a House without consideration, that he shall have no action. Blow. Com. fol. 11. There saith, That bargains, or agreements conditional, shall be said good; after that the condition is performed, but before they are but words. 44 Ed. 3. fol. 21. Where one becomes surety for J. S. and in consideration, will give him longer day of payment, if J. S. do not pay he will, action upon the case lies 27 H. 8. f. 33. If I sell to you twelve barrels of Ale, you shall not have the barrels but the ale, but if it were twelve barrels of Wine it is otherwise, for this is the usage and intent. 1 H. 7. f. 13. Debt upon buying Oil, for a hundred Marks paid, and so, though of simple contract, it seems the Defendant may say, that he bought with condition that he should pay when he had uttered them, without that that the Plaintiff sold in manner and form, though he might have waged his Law. 21 Ed. 4. f. 49. Debt of buying a Horse at I. in the County of Middlesex: Defendant may say that he bought him in London, upon condition, without that, that he bought him in I. in the County of Middlesex, but he cannot say that he bought him in another County, than the Plaintiff counts, unless it were that he pleads, that it was upon condition. 33 H. 6. fol. 49. Debt, The Defendant cannot traverie the Contract, where he may wage his Law, but the Defendant may say, that the bargain was upon condition, and so traverse that, 21 Ed. 4. fol. 28. 34 H. 6. f. 46. Debt upon a bargain at D. the Defendant cannot say that it was upon condition at S. in the same County, but in another County he may. 8 H. 6. fol. 53. Debt upon award upon arbitrement, it is no Plea for the Defendant to say, that he never submitted to their award, for that he may wage his Law, he cannot traverse the cause of the duty. 9 Ed. 4. f. 39 Where a bargain is to pay to the Plaintiff sive shillings, or a gown such a day, it is at the choice of the Plaintiff after the day, to demand one or the other which he will. 8 H. 6 fol. 53. Debt upon Contract, he cannot say no such Contract, or that he did not buy, for he cannot traverse the cause of the duty, where he may wage his Law, 38 H. 6. fol. 22. 11 H. 7. fol. 4. Where a man may wage his Law, he cannot plead-payment in a foreign County. But in Debt upon a Lease for years by Indenture, the Defendant may plead payment in a foreign County, and that is good, but in the same County he ought to conclude, and so he owes him nothing, 10 H. 7. f. 4. 20 H. 6. f. 17. Debt upon arrearages of account, payment in another County without concluding, and so he oweth him nothing, is good, but where he may wage his, Law his Plea is not good. 22 Book of Assizes 41. Where one undertakes to carry his carriage in a Boat and overchargeth it, by which his loading perish, action upon the case lies. 42 Book of Ass. 8. Action upon the case lies against J.S. for that, that the Plaintiff had credit in J.S. and bought of J. S. an Ox, as his Goods where it was the Ox of J.D. 27 H. 8. fol. 34. It seems if you pay to me twenty pound that then you shall have my Lease, and term of years, this is but a Communication, if you do not pay, and it is a Bargain conditional, that is, at your choice. Doctor and Student, 104. Promise and assumpsit, for a thing past is not good. Inquire: as I promise to give to you forty pounds, for that you have built me a House, it is no good Contract, for it should be perfect at the time of the Contract. 27 Ed. 3. Tit. 6. Apportionment, Br. A man retained to serve for a year, for ten pounds at two Feasts, and the Master dies after the first Feast, he shall have Wages but for one Feast; but where he was retained for ten pounds, whole by the year, and he departs within the year, he shall have no Wages, for Contract shall not be apportioned. 21 Ed. 3. Tit. 83. Debt, where a man pays ten pounds for teaching his Son three years, the Son shall not have the ten pounds again which is paid, but if the Money were not paid it is otherwise, for the Cause ceasing the Effect ceaseth. 1 H. 6. fol. 8. By Bab. If I be your Debtor in twenty pounds by a simple Contract, and I give you a Bond for the same, if you bring Debt upon the Bargain, I shall plead this well in the Dischage thereof. 3 H. 4. fol. 20. Debt of twenty pounds upon a Contract: the Defendant saith, that the Plaintiff after took a Bond of ten pounds, parcel of it, and held a good Plea to the whole Bargain; for a Bargain determined in parcel, is determined in all, for it is entire. 19 H. 8. 'tis 29. If a man be indebted to me by Bargain, and after gives me a Bond for the same Debt, the Bargain by that is determined, for in Debt upon the Bargain, it it a good Plea, that he hath a Bond for the same Debt; but if a stranger make to me a Bond for the same Debt, yet the Contract remains, for that, that it is by another person, and both are now Debtors, 21 H. 7. f. 5. 11 H. 4. f. 23. If one takes my Beasts by wrong from my Bailiff, and after I give them to him; by Hank. Bailiff shall have no Trespass. 2 Ed. 4. f. 15. By Danby, Needham, and moil, If I deliver Goods to J.S. and a stranger takes them, and after I give the Goods to another stranger, this is a good Gift: but Littleton saith, that the first stranger hath property as Trespassor, and for that he doth not allow the Gift good. 6 H. 7. f. 9 By Brian, A man cannot give or release his Right by word, though it be a personal thing. Inquire. 10 H. 7. fol. 27. By Brian, if a man take my Goods by wrong, and I give them to him, that the Gift is void, as well as if they were given to a stranger: but Keeble would that to be good, and inure as a Release, and said, that Release by word of a Chattel, is good as well as with a Condition. 21 H. 6. fol. 43. It seems one may contract, and sell all his Tithes of his Parish for seven years to come, or the profits of his Court for seven years, and it is good. 42 Ed. 3. fol. 24. One may contract and grant, that he shall not be impeached of Waste, and dispense with a thing that is not in being, for that, that Grant is a Covenant, but he cannot release the Waste to come. 9 H. 6. fol. 12. Where the Queen grants twenty pounds out of the great Custom of London, the Custom is not a thing in being, but is paid by chance, and for that the person of the Queen is charged by a Writ of Annuity. 6 H. 7. fol. 5. It seems that the King may grant a thing not in (being) if that sound in Covenant, as to be discharged of Tithes, or of collecting of Tenths to be granteb by Convocation. 4 H. 7. f. 10. If on the first Day of May, lets to begin at Saint Michael next, the Lessee may grant or sell that term before the Feast of Saint Michael, but not release or surrender that, 22 Ed. 4. Tit. Grants, 110. 24 Ed. 3. Tit. 47. Grants, Br. If a common person grants award, and so from Heir to Heir, till one of them come to full age: it is not good for award which shall fall afterwards, contrary of such a grant made by the King. 12 Ed. 4. f. 3. Where a common person hath but right of Reversion, he cannot grant it; and so it seems he cannot grant an Escheat of his Tenant, before that fall. Fitzh. 120. K. If one promise another ten pounds to marry his Daughter, and he marry her, this is Contract in our Law, upon which he shall have Debt. See 14 Ed. 4. f. 6. & 15 Ed. 4.31. Fitzh. 44. If one promise another ten pounds to marry his Daughter, if he marry his Daughter it is a good Contract in our Law, and if he sue for that ten pounds in Court Christian, Prohibition lies; but if he promise one with his Daughter in Marriage ten pounds, he shall sue for that in Court Christian. 17 Ed. 4. fol. 4. If a man promise a certain sum of Money to another to marry his Daughter or Servant, which he marries accordingly, Debt doth not lie, for it is Spiritual, contrary, Rogers and Sulyard; for it is (one for another) though it were said, contrary, and the reason was, it shall be sued in the Spiritual Court for this Cause. 22. Book of Assizes, 70. If one promise, that if he will marry his Daughter, he shall have ten pounds, this is a Contract, this is a Promise in our Law, and he shall have Debt: but if he say, he will give with his Daughter ten pounds, he ought to demand that before the Ordinary. 45 Ed. 3. f. 24. Where Covenant was by Deed between the Plaintiff and Defendant, that if the Plaintiff took to Wife the Daughter of the Defendant, that then he shall be bound to him in a hundred pounds; and if he takes her to Wife, Action of Debt lies, and the Court shall not be out of Jurisdiction though that touch Matrimony, for that, that this was by Deed, but otherwise it is, if it were without Deed. 37 H. 6. f. 9 By Prisot, if an Agreement be made, that A. shall take the Daughter of B. in Marriage, and if he marries her there it is said, that he shall not have Debt; for it seems it is not (Quid pro quo) Inquire: for if one sells a Horse for ten pounds, and hath no Horse, yet he shall have Debt for that, and yet it is not (one for another) and where I sell my Land in D. for ten pounds, Debt lies, and yet he hath not the Land before Livery. 27 Book of Assizes, 29. Where a man sells all the Trees in his Wood, and agrees that the same Buyer shall not cut them before Michaelmas next, if Hauks in the mean time are in the Trees, it seems that the Seller shall have them. 14 H. 8. fol. 1. If a man let Land, except the Wood and under-wood, and Hernes and Shovelers make their Nests in the Trees, the Lessor shall have them, for the Trees are excepted, and the Nests in the Trees; and the same Law of Acorns, which come by reason of the Trees. 7 H. 7. fol. 5. If a man sell a Lease of Land, and certain Cloth for ten pounds, the Contract is entire, and cannot be severed: and if one of them were by defeasible Title, and devested from the Vendee, yet the Seller shall have the whole sum, for the Contract is entire, and cannot be severed. See 12 H. 8. f. 13. & 9 Ed. 4. fol. 1. 9 H. 7. f. 22. If a man sell stuff for forty pounds, and deliver the stuff, and no Money paid, nor Day appointed, yet it is a good Bargain, and he shall have Debt for the forty pounds: but 11 H. 4. f. 33. If one assume to make the Plaintiff a House before such a Day, and doth not, unless it be for such a sum of Money, Action upon the Case doth not lie, for it is a naked Bargain. 9 Ed. 4. f. 54. By Littleton, if a man recovers in Debt upon a Contract, and doth not take Execution, yet he cannot have new Action of Debt upon the Contract, for the Contract is determined by the Judgement, and the nature of the Duty changed to a Record. And by Danby and Moyle, in Account, Debt, Trespass, and such like, it is no Plea, that the Plaintiff at another time recovered in them, unless he said, that he had Execution also; contrary Littleton and Choke. See there in Debt upon an Obligation seems contrary. 2 R. 3. f. 14. Where one brings Detinue, and is barred by Law waging, he shall not have an Account afterwards; for Detinue affirms property in him, and Account disaffirmes that. 12 Ed. 4. fol. 13. Where is a Bar by waging of Law in Detinue, one shall not have after an Action upon the Case, for negligent keeping the thing, as it seems. 40 E. 3. fol 27. Where in Trespass one recovers in London, and be brought in (the thing judged) he cannot refuse this Judgement, and sue for the Trespass in a higher Court. 20 H. 6. fol. 12. Trespass of Goods taken, it is a good Plea that you at another time brought Trespass against me, and J. S. and that J. S. appeared, and pleaded not guilty, and it was found against him, and that the Plaintiff had Judgement, for it is carried in Damages, and reduced into the thing judged, and may have Execution at his pleasure: but otherwise it is in Debt, for there it is not a good Bar, unless he pleads, that he had Judgement, and Execution against one. 23 H. 8. Tit. 105. Action upon the Case, Debt of twenty pounds, if the Defendant hath waged his Law in this Action, and the Plaintiff brings an Action upon the Case, it is a good Plea for the Defendant to say, that at another time he was barred in Debt for the same, by waging of Law, 2 R. f. Trespass, if in Debt, or other Action in the common Bench, the Defendant pleads Recovery of that in a Court of Franchise, or that the Plaintiff is barred in a Court of Franchise, though it be not of Record here, yet it seems that the Defendant shall have advantage of Record, and otherwise shall be a mischief. 46 Ed. 3. f. 17. 17 Ed. 3. Tit. Barr, 246. Debt upon an Obligation, it is no Plea, that at another time before the Mayor of London, the Plaintiff recovered upon the same Obligation against the Defendant, and had Execution, it is no Plea, for that, that the Obligation was not Damnum, nor the Defendant doth not show Acquittance, and the Plaintiff by Award of the Court recovered. 4 H. 7. f. 8. Three bound in an Obligation, jointly, and severally; it is no Bar for one to say, that he recovered against another; but that he recovered, and had Execution, is good; and he ought to show Acquittance of the Payment, or otherwise, he shall be charged. 5 Ed. 4. fol. 5. Debt by several Precipes against two by Choke, where he hath Execution against one, he shall not have against the other afterwards. 22 Ed. 4. fol. 7. Two are bound in an Obligation joynty, and severally; if I have Execution against one, this is a Bar against the other, but not Judgement only. Husband and Wife. What Contract and Act of a married Wife, Bailiff, and Servant, shall bind the Husband, or Master, and what not. A Married Wife hath no Will, but the Will of her Husband, and for that, if a married Wife sell or give Goods, and the Husband agree before or after it is good; and it is his Will, and his Sale; and if the Bargain be advantage or disadvantage to the Husband, Agreement of the Husband makes it good: the same Law of an Assumpsit, made to a married Wife, to deliver one out of Execution. 21 H. 7. fol. 40. The Husband shall not be charged by a Bargain of the Wife, but if it come to the use of the Husband, and he agree, it is good: but if it come to the use of the House, if he hath not notice of it, or that it was not bought by his commandment, he shall not be charged, by Fineux, for a married Woman cannot do any thing, which may turn her Husband into prejudice, and contrary of that which is for his advantage: but if I command my Wife to buy a thing necessary, and she buys it, and comes to my use, this general commandment (it is said) shall bind me, though I do not expresie what things: but if my Wife without my commandment buy a thing for my Household, as Bread, etc. and I have no knowledge of it, though that be spent in my House, I shall not be thereof charged, by Fineux. 11 H. 6. fol. 38. By Martin, it seems the Husband shall be charged for necessary Apparel of his Wife, but not for superfluous Apparel; for Martin saith, if my Wife buy of a man, and she arrays herself better than belongs to her Estate, I shall not be charged to pay this stuff taken up, though it come to the use and profit of the Husband, for that, that the Wife of necessity ought to be apparelled, but for that that passes her Estate, her Husband shall not be charged. 20 H. 6. fol. 23. By Newton, buying by the Wife or Servant, though it come to the use of the Husband, or Master, it shall not charge the Husband or Master, Nat. Brev. fol. 61. the same. Note, there ought to be Assent and Agreement of the Husband and Master, if they shall be charged, is to be intended upon that. Doct. & Stud. f. 137. N. If a man send his Servant to sell a thing, which he knows to be defective, and commands him to sell it to such a man, Deceit hes; but if it be generally, to whom he could, it lieth not against the Master, 9 H. 6. f. 254. Fitzh. 120. F. A man shall be charged in debt for a bargain of his Bailiff, or his Servant, where he gives authority to his Bailiff or his Servant to buy and sell for him, and so for a bargain made by his Wife, if he give authority to his Wife, and otherwise not. 34 Ed. 1. tit. 163. Debt F. held there, That where a Woman receives ten Quarters of Corn to the profit of the Husband, he shall be charged; but where he counts, that the Wife borrowed ten Quarters of Corn, which came to the profit of the Husband, he shall not be charged in Debt. 13 R. 2. tit. 50. Account, Where Tonels of Wine are delivered to a married Wife, if the Husband agree to it, he shall be charged, and otherwise not. 27 Book of Ass. 5. If a man hath a Bailiff known, and who hath used to fallen the Beasts of his Master at the Market, this is a good sale, though he hath no special Warrant to fallen his Beasts: And if such a Bailiff pledge the Goods of his Master; that is, Ox or Horse, for Corn, which comes to the use of his Master, the Master shall not have trespass of the sale or pledging. 8 Ed. 4. fol. 13. If I make a man my Bailiff of my Manor, he cannot make a Lease of the Manor, nor of parcel, without special commandment of his Master to do it, for that shall not bind the Master. 8 Ed. 4. tit. 14. Contract, Brook, If a man send his servant to buy certain Goods, or his Factor or Attorney, to buy for him Merchandise, and he buy, etc. The Master shall be charged, though that the Goods never came to his hands, and though that the Master have no notice of that; and the Master cannot countermand without notice given to the Servant, Attorney, or Factor, by Pigot and Fairfax, 2 Ed. 4. f. 5. If my Servant in Cheapside which hath power to sell, give my Wares, it is said I shall have trespass against the Receiver; but if I deliver Goods to keep to my use, and he gives them, I shall not have trespass, for he hath no notice whose Goods they are, as in the case of a Servant. Doctor and Student, fol. 137. If the servant borrow Money in the name of his Master, his Master shall not be charged, unless they come to the use of his Master, and by his commandment: The same Law of a bargain made by the servant; but if the Master send his servant to buy things, and he buys them, the Master shall be charged; And if he buy a thing, and do not speak of the Master, and it comes to the use of the Master, the Master shall be charged. 2 R. 2. Slatham, fol. 65. Debt is maintainable against the Master of a thing bought by his man, if the Goods come to the use of his Master, notwithstanding that his servant have no warrant of his Master to do it, if it be so that he be known to be his servant. 11 Ed. 4. fol. 7. If a servant which hath authority to sell and warrant the thing, deceit doth not lie against the Master if it be corrupt. 21. H. 7. fol. 27. by Reed, If I command my servant to distrain, and he rides upon the distress, he shall be punished and not I. How shall the Husband have by his Wife, Goods and Chattels, whereof he takes charge, and how he shall be charged for the Wife. IF a man take a Wife which hath Goods, now the Goods are in the Husband, 26 H. 8. fol. 4. Plowdens' Commentaries, fol. 418. A woman which hath a Lease for years, or Goods, takes a Husband, they are in him. 7 H. 6. fol. 1. If a woman have a Lease for years, and takes a Husband, this is in him, but if he grant a rend charge out of that and dies, the Wife shall have the term discharged: And by Strange, If an Obligation be made to a woman sole, and she take a Husband, he may release that; but if the Husband suffer the Obligation to remain and dies, the Wife shall have that, and not the Executors of the Husband, 9 H. 6. fol. 52. the same. 21 H. 7. fol. 29. Where a woman is Executrix, and takes a Husband, the Goods of the Testator vests in the Husband, and if the Husband give or release them, he may, but if the Husband die, and do not release them, they remain to the woman again. Fitzh. fol. 69. If Beasts of a loan woman be taken, and she take a Husband, he alone shall have a Replevin, for that that the property is in him only. Fitzh. 142. I. If a man have the Wardship of one in the right of his Wife, and after his Wife dies, yet he shall hold that, for it was a thing vested in him. Perhins 107. Where the Husband hath ret●ne in right of his Wife, and he aliens that and dies, his Wife shall not have that, but if he do not alien that and dies, she shall have it. Perkins 165. A man hath twenty years term in right of his Wife, and lets for ten years, rendering rend and dies, his Wife shall have the Rent, and the residue of the term. Fitzh. 119 O. If a man takes a Wife, which was indebted to other persons, the Husband and the Wife shall be ●ued for this debt, living the Wife; but if the Wife die, the Husband shall not be charged, unless it were recovered during the Coverture. Fitzh. 121. If a man lets Land to a Woman for life, rendering Rend, and she takes a Husband, and after the Rent is behind, and the Wife dies, the Husband shall be charged, for that that he took the profit; otherwise it is of an Obligation made by his Wife before marriage, the Husband shall not be charged, unless recovery were of that during the marriage. Fitzh. 121. D. A woman hath Rend for Dower, and takes a Husband, and the Rent is behind, and the Wife after dyes, the Husband shall have Debt for this Rent: But if a man be bound to a woman, and she takes a Husband, and the day of payment comes during the marriage, and after the Wife dies, the Husband shall not have debt upon this Obligation, for that that it was a duty to the Wife, and a thing in action before the marriage. Essoyne. AFter that any hath put himself into any Inquest, who hath appeared or might have appeared in these Writs, shall have but one essoign, or one default, etc. West. 2. chap. 27. Marlcbridge chap. 13. Marlb. chap. 19 Of Essoynes it is provided, that in Counry, Hundred, or in Courtbaron, or other Courts, none shall have need to swear to warrant his essoign. Westm. 1. chap. 42. For that, that Demandants which bring actions against many Coparceners and joint-tenants, they often avoid by essoign. It is provided, that those Tenants shall not have Essoyne but for one day, no more than one sole-Tenant should have, so that now he cannot avoid, but only have an essoign, see Marleb. chap. 9 Westm. 1. chap. 43. If one be essoyned as beyond the Seas, where he is in England day of the Summons, it is provided that this essoign be not allowed, if the Demandant will aver that he was in England, the day that the Summons was made, and three weeks after: But let it be adjourned. And if the Tenant be attaint which was in England, day of the Summons, and three weeks after, the essoign shall turn to him for a default. Westm. 1. chap. 41. In a Writ of Assize, of Attaints, and Juris utrum, provided it is for travail of Jurors, that if the Tenant once appear in the Court, never after no Tenant can essoyne him. Gloucester 1. chap. 18. Provided that in other Pleas than Trespass or Attachments and Distress lying, if the Defendant make himself to be essoyned of the King's Service, and doth not bring his Warrant at the day which is given unto him by his essoign, he shall render to the plaintiff Damages of the torn of twenty shillings, or of more; according to the discretion of the Justices, and be in the King's mercy. Westm. 2. chap. 12. There lies not for one that brings an appeal of the death of a man, an essoign. West. 2. chap. 17. In the Circuit of the Justices, there is no Essoine admitted of being sick in bed, of a Tenement, unless he which makes himself to be Essoyned, truly be sick, for if it be excepted against by the Demandant, that the Tenant is not sick, nor in that state that he cannot come before the Justices, they will receive a reproach, and if this be disproved by an Inquest, let that Essoyne be turned to a default, neither lies that essoign in a Writ of right between two claiming by the same descent. West. 2. ch. 27. After that any hath put himself upon any Inquest, at the next day let there be an essoign allowed to him, but at other days following by Essoyn, let there be no deferring of taking the Inquisition whether he first had an essoign or not, neither let any Essoyne be admitted, after the day given, by the request of the parties, in case that the parties consent to come without an essoign. Westm. 2. chap. 28. When by the Statute of, Westm. 1. chap. 41. It is appointed, that after the Tenants have once appeared in the Court, there shall be no Essoyns allowed them in Writs of Assize, in the same manner from hence let it be observed of Petitioners. The Statute of Essoynes questioned, 12 Ed. 2. That Essoynes do not lie in these following Cases, that is, There lies no Essoyn: Because, the Land is taken into the King's hand. Because, he is restrained by Land. Because, there is granted to him from hence Judgement, if the Jurors come. Because, he was seen in the Court. Because, at another time he essoyned himself, as being not able to come. He shall not be essoyned, as being beyond Sea. Because, such a one essoyned him such a Day. Because, it was commanded the Sheriff, that he should make the party to come, 41 Ed. 3 f. 29. Because, a Woman is not in the King's Service, but because a Nurse, Midwife, or sent for by a Writ, to inspect the Belly. Because, she seems to be deceived in her Dower, and deferring of Right. Because, such a Complaint hath not found Sureties to prosecute. Because, the Attorney was essoyned. Because, he hath an Attorney in his Complaint. Because, he is essoyned, witnessed, etc. that he is not in the King's Service. Because, the Summons is not testified, or part of the Return not attached. Because, at another time he was essoyned of the King's Service, and now did not send his Warrant. Because, re-summons was in the last Presentment, or Death of his Ancestor, 30. Book of Assizes 51. Because, such a one is not named in the Writ. Because, it was commanded the Sheriff, that he should distrain him to come by his Land and Chattels. Because, it was commanded the Bishop, that he should make him come. Because, the time was passed. But it is to be known, that an Essoyn of the King's Service is allowed after the great Cape, and the small Cape. 1 H. 6. f. 4. Trespass, Issue was if the Land were the Freehold of the Plaintiff, or of the Lessor of the Defendant, and after Issue the Defendant prayed aid of his Le or, and at the Summons returned, the Prayee was essoyned, and at the Day which he had by the Essoyn he joined, and at the (Venire facias) returns, the Prayee cast Essoyn, and it lies, for that that the Statute is, Por●quam, etc. 44 Ed. 3. fol. 38. Praecipe, the Tenant tenders his Law, and this is at Issue, for that after he shall have but one Essoyn, 37 H. 6. f. 2. The Plaintiff was essoyned at the Day of the Law, 9 H. 5. f. 5 the same. 48 Ed. 3. fol. 21. One is essoyned after Issue in London, and at the Day in Bench upon a foreign matter, is there essoyned again, for it is the first Day in Bench. 21 Ed. 4. f. 19 Debt, Issue was upon the custom of London, and upon Writ to certify that, Defendant essoyned, and lieth after Issue by the common Law, for after every mean Appearance, it lies by the common Law, though the Statute be (after Inquest) which is not here, and for that the Essoyn is allowed. 21 Ed. 4. f. 19 Debt, Issue was upon the custom of London, and upon a Writ to certify that, Defendant is essoyned, and it lieth after Issue by the common Law, for after every mean Appearance, it lies by the common Law, and though the Statute be after Inquest, this is not here. 34 H. 6. f. 18. Praecipe, the Tenant prays aid of him in Reversion, and had it, and at the Summons to aid him returned, the Prayee was essoyned, and had a Day of that Essoyn, and at the Day of that Essoyn the Tenant was essoyned, and had it. 22 Ed. 3. fol. 4. Quare impedit, the Plaintiff was essoyned at the (Distringas Juratores) and the Inquest came and adjourned, but it seems that the Defendant shall not be essoyned at this Day. 25 Ed. 3. f 38. Scire facias, the Tenant pleads to the Issue, and at the next Day would have been essoyned, and could not, for it is delay, which shall not be in a (Scire facias) by the Statute of Westm. 2. chap. 45.2 H. 7. fol. 10.39 H. 6. f. 53. 1 H. 7. fol. 8. There was an Essoyn cast upon an (alias venire facias) where the first was not served. 1 Ed. 3. f. 38. Waste, Venire facias was abated first, and at the second Venire facias, Defendant was essoyned, and that allowed, for the first was as nothing. 9 H. 5. fol. 12. Dum non fuit compos●mentis, Venire facias awarded, and not returned, and Sicut alias returned, the Tenant was essoyned, and it doth not lie, for it is not the first Day after the Issue. 3 H. 6. fol. 57 Debt, the parties were at Issue, and a Distringas Juratores returned, at which Day the Defendant cast an Essoyn of the King's Service, and that Essoyn was not allowed. 14 H. 6. f. 20. The Plaintiff cast an Essoyn, at the Habeas corpora Juratorum, and this turned upon him in Default, for the Essoyn doth not lie at the second Day, neither for the Plaintiff, nor for the Defendant, but is outed by the Statute, Westm. 2. chap. 27. which is Postquam aliquis, etc. And this Statute is intended as well for the Plaintiff as the Defendant. 12 H. 4. fol. 24. Where an Essoyn de malo veniendi, was before the Statute of Marlebridge, chap. 19 The Essoyner swears, that he was sick. 2 Ed. 4. f. 16. Where Essoyn of Service of the King is cast in, it seems that the Essoyner shall be sworn, for that, 19 H. 6. f. 51. the same. 20 H. 6. f. 22. Where one is essoyned of the King's Service, the Essoyner shall be examined, and sworn upon a Book, if he be in the King's Service or not, and not as he is informed, otherwise the Essoyn shall not be allowed. 27 H. 6. fol. 2. Debt, the Defendant offers to wage his Law, and had Day, etc. and at the Day the Plaintiff was essoyned, and after at that Day the Defendant was essoyned, and after at that Day the Plaintiff cast in another Essoyn, and it lieth well by the Court, for so long as the Plaintiff and Defendant agree, they may fourch by Essoyn. 9 H. 6. fol. 21. Quem redditum reddit, against two, held that they cannot fourch by Distress or Essoyn: Note, that by 33. H. 6. f. 6. Essoyn doth not lie in this Action, for that that this is Judicial. 2 Ed. 4. fol. 20. Dower, against A.B.C. and at the Day A. makes Default, and B. was essoyned, and C. appears, and the same Day given to C. and at the Day A. made another Default, and B. appeared, and C. cast the Essoyn, Well, for every one shall have an Essoyn, notwithstanding the Statute of Marlebridge, chap. 19 but after they shall not have more Essoynes. 48 Ed. 3. fol. 20. Praecipe, against the Husband and his Wife, before Appearance, each one may be essoyned after other, but not after again, 4 H. 6. f. 6.9 H. 6. f. 44. 3. H. 7. f. 13. Praecipe: the Tenant was essoyned, and after vouched, and the Vouchee was essoyned, at the Day the Tenant was essoyned, and it doth not lie, 22 Ed. 4. f. 14. 22 Ed. 3. fol. 5. Praecipe, against three at the Summons, one was essoyned, and others have the same Days, at which Day another was essoyned, and the same Day, etc. and the Essoyn adjourned, but after they have all appeared, they cannot fourch or avoid. 29 Ed. 3. fol. 25. Form on, against a Husband and his Wife, and at the first Day the Husband appeared, and the Wife was essoyned, and at the second Day the Wife appeared, and the Husband is essoyned and allowed, but after that they have appeared they cannot fourch by Essoyn, for the Statute is, that Coparceners and Joint-tenants cannot at any time fourch or avoid, and so of the Husband and the Wife, 30 Ed. 3. f. 25. See 38 Ed. 3. f. 1. for fourching by Distress, 4 H. 6. f. 6. 3 H. 6. fol. 36. Debt against a Parson of the Arrearages of an Annuity, the Defendant prayed aid of the Patron and Ordinary, and there were four Patrons, and at the Summons to aid, one was essoyned, and the three have the same Day, and at the Day he essoyned appeared, and another essoyned, etc. and now, after every other was essoyned one after another, the first cast the Essoyn, and could not fourch, 33 H. 6. f. 28. Over the Sea, and the King's Service. FOrtescue saith, where the party hath an Attorney in Court, he shall not be essoyned of being beyond Sea; therefore not of the King's Service: 19 H. 6. f. 57 2 Ed. 4. fol. 18. At the small Cape against the Husband and Wife, the Husband was essoyned of the King's Service, notwithstanding that he had an Attorney not essoyned, for the Attorney shall not be essoyned of this Essoyn. Britton, fol. 281. Our Service as being in Our power, and the defence of Us, and of Our People, and of Our Realm. 35 H. 6. f. 1. Where one essoyned of the King's Service, and hath a Day to bring that in, he ought to bring that in, under the great Seal of the King, and not the privy Seal. 19 H. 6. f. 50. If one be the King's Carver, he shall not be essoyned of the King's Service; and yet the Woman which is Launderer, or Nurse, shall be essoyned of the King's Service. 4 H. 6. f. 8. One effoyned of the King's Service, which is under Bail, and cannot, for by the Bail he is intended in Prison, and by the Essoyn at large. 10 H. 4. f. 6. Quareimpedit, Essoyn of the King's Service is not allowable for the mischief of Laps, 27. H. 6. fol. 1. the same. 12 H. 4. fol. 24. Where one is essoyned of the King's Service, the name of the Essoyner shall be put in, for if his Master do not bring in his Warrant, Deceit lies against him and his Master. Fitzh. 17. H. If one be essoyned of the King's Service, and at the Day he doth not bring in his Warrant, he shall lose twenty shillings, etc. by Gloucester, chap. 8. and further shall be in the Mercy, and it shall be allowed. See 45 Ed. 3. f. 24. 44 Ed. 3. f. 5. Essoyn of the King's Service, doth not lie in a Writ of Dower. 22 Ed. 3. f. 10. At the Venire facias returned, the Defendant puts the word without Day by Protection, and at the re-summons he was essoyned of the King's Service, and had it. 27 Ed. 3. f. 81. In Replevin, the Avowant was essoyned of the King's Service, and for that, that he doth not bring in his Warrant of that, he shall lose twenty shillings for the Journey, and not Damages, nor any other thing. 29 Ed. 3. f. 17. At the Distringas, one was essoyned of the King's Service, and at the Day did not bring in his Warrant and came not, by which by Award he lost his Issues returned upon him, that is, five and twenty shillings, and the Plaintiff hath for the delay forty shillings. 29 Ed. 3. f. 46. After Issue in Trespass, the defendant is essoyned of the King's Service, and at the day fails of his Warrant, and by Award he shall recover damages by the Statute to twenty shillings, and further 20. shillings, by discretion of the Court, and the Inquest taken by default, 2 Ed. 4. f. 16. 19 H. 6. f. 51. In Replevin, at the Habeas corpora Juratorum, the Plaintiff was essoyned of the King's Service, the Essoyner was sworn, and had it. Fitzh. 29. C. If a man be essoyned of the King's Service, the Plaintiff may have a special Writ; if he be not in the King's Service, to disallow the Essoyn. 4. Book of Ass. 3. Attaint is laid, at the next day, after the first day, and quashed, and in Juris utrum it doth not lie after Appearance. 4. Book of Assize 2. Attaint after Appearance, the Desendant is essoyned of the King's Service. 29. Book of Ass. 25. Attaint after Appearance, the Plaintiff casts the Essoyn, and was quashed, that is a common Essoyn. 19 Ass. 15. Essoyn is out after Issue in Attaint by the Statute. 18 Ed. 4. f. 8. Attaint, the Tenant at the Summons was essoyned, and at the Day of Adjournement made Default, and the Attaint was awarded by his Default; and if at the Summons one be essoyned, and at the Day make Default, there shall go a grand Cape, and not a small Cape, for he doth not appear. 30 H. 6. fol. 1. Assize in common Bench, returnable the Monday after Octabis, and the Plaintiff was essoyned in Octau. and the Court allowed that, and it shall be before parties are demanded; and it seems that Essoyn in Assize shall be entered in the Roll of Assize, and the Roll of Essoyn, this is for Essoyn of Common Pleas. 1 H. 7. fol. 21. Essoyn is good, though it be not in the Roll of the Plea, but in the Roll of the Essoyn. 10 H. 6. fol. 23. Assize by two, and one makes Default, and so Summons to prosecute together at the next Assizes, at which day he that made default is Essoined, and it doth not lie, but is severed by award. 14 H. 6. fol. 23. Entry in nature of Assize, the Tenant was Essoined, and it was Adjourned, and it is not like to an Assize, for after appearance, there lies no Essoin. Common Essoin. Quem redditum reddit, and Scire facias, they are judicials, and not Essoin lies in them, 33 H. 6. f. 6. 34 H. 6. f. 31. Trespass, Return, Attach, and Precpe, Return summoned, the Defendant shall be Essoined, but when he comes by the great Distress, he shall not be Essoined. 34 H. 6. fol. 50. Debt. The Plaintiff at the first day may be essoined, unless the Defendant appear upon a Capias, Cepi, or upon an Exigent. 9 H. 6. fol. 58. Where one is let to Bail, no Essoin of the King, or other Essoin lies, for that he is in manner as in Prison. 11. H. 6. fol. 39 Replegeare at the day of Imparlance, Essoin doth not lie for the Defendant. 2 H. 4. fol. 17. Deceit, the Defendant casts an Essoin after the day given, and it was adjudged and adjourned. Natura Brevium f. 13. If any man be essoined of being sick in his bed in a Writ of Right, if the Demandant will aver, that he is not so ill, but that he may well come, and this be found by Inquest, his essoin shall turn him in default. 21. H. 7. fol. 40. Essoin doth not lie in Quare uon admisit, for that it is as a judicial Writ. Britton, fol. 281. He is Essoined of sickness, and force of sickness, he appeals, as it is of those which move themselves against the Court, and are in riding taken with sickness, and Essoin of force is, as it is of those which are hindered by Imprisonment, or by Theives, or of other Enemies by the way, or by broken Bridges, or of other passages, or hindered by Tempest, or for want of Boats or Ships. 12 H. 4. f. 24. Formedon by Thirn. if not Essoin be cast, and Record the first day, it lies not afterwards. 2 R. 3 f. 15. In a Writ of Right and Formedon, which is in his nature, Essoin shall be cast the first day of Essoynes and proffers, and not afterwards. 2 H. 7. f. 4. The Demandant or tenant in a Praecipe may be essoined the fourth day, and every day before the fourth day, and likewise the fourth day, notwithstanding any challenge taken by his Adversary, but in a Writ Judicial out of the Common Bench, the Party ought to be essoined the first day, and otherwise not, if that be challenged. 18. Ed. 4. fol. 4. Praecipe, Essoin of the King's Service was laid, and it seems there, that every Essoin shall be laid the first day, or any day before the fourth day, if there be not an exception entered, and the fourth day shall be adjourned, 1 Ed. 5. fol. 2. 2 Ed. 4. fol. 12. Before the Original be Returned, the Tenant shall be essoined, and this is a common course. 30. H. 6. fol. 1. Essoin is Michiel where it should be Michael, and shall not be amended, for it is laid before the Writ be Returned, and hath not the Writ to see it. Every Return hath four days, and the first day of them, is called the day of Essoins and proffers, and the next day after that, is the day of the Return of the Writs, the third day is the day, the fourth day is the day of appearance. And it is an use if one cause the Clerk of Essoins to enter (ne recipiatur) as he may the fourth day, Essoin cannot be laid, after that is entered, but he may cast an Essoin the fourth day, if that be not entered, if one do not lay the Essoin the fourth day, than the next day ensuing, the Party may enter exception, that is, (ne recipiatur) and after shall be no Essoin laid. 4 H. 6. fol. 6. Visus in Curia. If one cast an Essoin and appear in the Court before it be adjudged, the Essoin shall be defeated, and this by the Statute of questioning Essoins, 12. H. 4. fol 24. the same. 7. H. 4. fol. 40. Quare impedit by the King against R. Felbridge, the Attorney of the Defendant was Essoined at the day of the (Venire facias) Returned, and after that the Essoin was adjudged, and before the adjournment, the Attorney which was Essoined comes into the Court, and was seen of the Court: and it seems after the Essoin adjudged, that he may be seen in the Court very well, though that it be not adjourned, and the Essoin very good, 11 H. 4. fol. 80. Praecipe. 11. H. 6. fol. 53. Essoin was cast for the husband and wife, and the Essoin was outed for the Husband, because he was seen in the Court, and allowed for the Wife. 45. Ed. 3. fol. 24. Mortdancester against I. which voucheth B. which was Enoined at the Summons to warrant, and at the day by Enoin he was Essoined of the King's Service, and at the day that he hath to bring in his Warrant, the Tenant was Essoined, and the Essoin was adjudged and adjourned. 12. H. 4. fol. 14. by Hull, Essoin doth not lie after Essoin, nor Essoin of the King's Service, after Essoin of the King's Service, but contrary by mean Process. 9 H. 5. fol. 5. By Strange, common Essoin doth not lie after common Essoin, without mean degree, but after common Essoin, Essoin of the King's Service lieth, 21. Ed. 3. fol. 13. the same. 21. Book of Assizes, 11 Assize. The Sheriff Returns that the Plaintiff hath not found Pledges to prosecute, and the Plaintiff was Essoined, and the Essoin adjudged, for otherwise the Plaintiff shall be nonsuited. 2 Ed. 4. fol. 16. At the great Cape returned against the Husband and the Wife, the Husband casts the Essoin of the King's Service, where he had an Attorney in Court, and held that the Essoin lies well, notwithstanding that he hath an Attorney in Court, contrary of a common Essoin, for that cannot be, where he hath an Attorney in Court. 4. H. 6. fol. 10. Dower. At the grand Cape the Tenant wages his Law of non-Summons, and at the day Essoin is cast for him, and saith that he hath an Attorney in Court, and notwithstanding this, the Essoin lies, for here the Attorney is out of the Court. 7. H. 4. fol. 6. Praecipe, at the great Cape Returned, one renders his Law by Attorney, and at the day of the Law the Attorney laid an Essoin, and had no day, for it was said to him, to let his Master come. 19 H. 6. fol. 30. Debt, at the day that he hath to make his Law, his Attorney was Essoined, and he ought not to be Essoined, for he is out of the Court. 18 H. 6. fol. 20. Praecipe, The Tenant hath two Attorneys, and the one is Essoined, and not the other, and good, for their Warrant is joint and several, and excuses the master, 11 H. 4. fol. 53. the same. 19 H. 6. fol. 57 The Attorney of one Party cannot be Essoined of the King's Service. 21 Book of Assizes 7. Where the Defendant appears, and answers by Attorney, he shall not be after Essoined, unless his Attorney be also Essoined. 14 H. 4. fol. 13. Quare impedit, The Plaintiff was Essoined, and the Defendant saith, that the Plaintiff hath an Attorney that is not Essoined, and by Hank, that Challenge was entered, and at the day that the Plaintiff had by Essoin that shall be showed, and if it be found, than the Defendant shall have a Writ to the Bishop, and in the mean time the Essoin was adjourned. 45. Ed. 3. fol. 10. Debt, at the Exigent, the Defendant came by Supersedeas upon Bail, and at the day of the Exigent returned, the Plaintiff was Essoined, and therefore the defendant shall have the same day without Bail; and there agreed if the Party be Essoined, and not his Attorney, that this is a discontinuance of Process, for the Attorney only shall be Essoined, and every Challenge of Essoin shall be entered, but it shall not be tried before the day of Adiournment of the Essoin, unless it be challenged, for that he was seen in the Court, which shall be tried forthwith. 11 H. 8. Tit. 41. Formedon, Conusance of Plea was granted, and the Demandant sues a Resummons for failing of Right in the Franchise, and the Attorney of the Tenant cast Essoin, where another Attorney was Essoined upon the Original, and by the Court, this matter of Challenge cannot be now tried: the Essoin was adjourned, but not adjudged, and it shall be tried at the Adiournment, and if it be found, shall turn him in default. 12 H. 4. fol. 25. A man hath two Attorneys, and after the view the one was Essoined, and the other not, and by Hull, By this Challenge, the Essoin shall be adjourned, but not adjudged, and by Hank, in some Case Essoin shall be adjudged, and not adjourned, as the Demandant in Praecipe is Essoined, and at the same day Protection is showed out for the Tenant in this Case, the Essoin shall be adjudged, so that the Demandant shall not be nonsuited, but it shall not be adjourned. 12 H. 7. fol. 8. Formedon, The Tenant makes two Attorneys, and at the day upon the view granted, the Tenant and one Attorney makes default, and the other Attorney was Essoined, and it was held clearly that the Essoin of one Attorney excuseth the default of the Tenant, and the other Attorney, for they were Attorneys Joint, and several. 2 H. 5. fol. 2. Formedon, After the view the Tenant was Essoined, and notwithstanding that he had an Attorney not Essoined, the Essoin was allowed, sub Calumnia, for the Attorney peradventure is removed, and agreed, if he have no Attorney in Court, he himself may be essoined. 11 H. 7. fol. 42. Essoin was amended in Praecipe of Rent where the Essoin was entered in a Plea of a yearly Rent, where it should have been in a Plea of Land. 18 Ed. 4. fol. 4. The Writ was J.S. and the Essoin was J.S. of Dale in the County of Kent, and for this variance it was quashed, and shall not be amended, for the Clerk had no fight of the Writ, for the essoign was before the Writ returned. 30 H. 6. f. 1. At the Pone in a Quare impedit, the Incumbent was Essoined, and was varying from the name in the Writ, for the Essoin is Mich. and the Writ Michael, and adjudge that it should not be amended, for that the Essoin was put in, before the Writ came in. 10. H. 7. f. 6. Praecipe, The Tenant hath view where it was not grantable, and at the day of the Habere facias visum, The Tenant would have been Essoined, and could not, in so much as the view was not grantable. 19 H. 6. fol. 80. Debt, The Defendant came by Cepi Corpus, and the Plaintiff is Essoined, by this the Defendant shall have the same day without Bail; but if the Plaintiff had appeared, the Defendant should answer in custody, and after shall be by Bail till the end of the Plea. 12 Ed. 3. tit. 58: B. Waste, the Venire facias was abated, and a new one went out and was returned, the Defendant cast Essoyne and it was adjudged and adjourned, though there were the second Venire facias, for the first was as none. 19 Book of Assizes 12 Ass. The Plaintif was essoyned, and the Writ endorsed Tarde, and notwithstanding that the Justices adjudged, and adjourned the Essoin. 21 Ed. 4. f. 79. It seems that Essoin doth not lie for a Corporation, for the Essoin de malo veniendi, nor the Essoin de malo lecti, doth not lie, for it is to excuse the Defendant, and a Corporation cannot appear in person, but by Attorney, nor an Essoin of the King's service, nor of beyond the Seas, for all cannot be together by common Intendment, and Protection doth not lie for a Corporation. 10 H. 6. f. 1. Scire facias by three and two were Essoined, the Essoin quashed by the Court, for that delays are outed by Westm. 2 Chap. 45. 2 H. 7. f. 10. the same. 11 H. 6. f. 31 At the day of Imparlance the Plaintiff shall not be Essoined, also he shall be nonsuited, if he do not appear. 45 Ed. 3. f. 19 Praecipe, the Tenant vouches, and Process continue until the Sequatur, at which day the Tenant is essoyned, and it lies well. 10 Ed. 4. fol. 15. Formedon, the parties were at Issue, and after discontinuance by Demise upon re-summons, said, that the Tenant shall not be essoyned: See the Statute is, that Essoyn doth not lie, because re-summons was in the last Presentment, 1 H. 6. f. 6. the same, 1 R. 3. f. 4. 34 H. 6. f. 34. Trespass upon re-attachment, the Tenant was essoyned, and said, that it lies. 44 Ed. 3. fol. 4. Ass. Discontinued for not coming of the Justices, and upon re-attachment the Plaintiff is essoyned, and it lies, and yet the Statute of Westm. chap. 41. is, who hath once appeared in Assize shall not be afterwards essoyned, 44. Book of Assize, 24. the same. 22 Ed. 3. fol. 10. At the Venire facias returned, the Defendant put the Paroll without Day by Protection, and at the re-summons he was essoyned of the King's Service, and had it. 21 Ed. 3. Tit. 35. B. Paroll was put without Day in a Praecipe against a Prior, for that that the King had sent a Supersedeas, that he had seized the Land for War, for that the Tenant was a Prior stranger, and after Demand at the Procedendo, and re-summons where the Paroll was put without Day before, after Venire facias returned, and the Jury appeared, and at the Day of the re-summons returned, the Prior was essoyned, and was challenged, for that, that the Prior was another time essoyned upon the Venire facias in the first Action, and it was not allowed, but the Essoyn admitted. 30. Book of Ass. 51. Mortdancester, at the re-summons the Tenant cast an Essoyn, and it was quashed by the Statute De Calumniandis. Wardens of Churches. Though the Statutes for highways, not repaired, give all Forfeitures of those Statutes to Churchwardens, yet they are no Corporation, and it is fit to see what things they may take, and what not, and what Interest they have in things of the Church, and where they may be removed, and where not, and what Interest the Parson hath. Parishioners shall have no Action of Account against Wardens, but they may choose other Wardens, which may have Account against the first Wardens, 8 Ed. 4. f. 6. 37 H. 6. fol. 32. If a Book be given to the Parishioners of such a Church, to the use of the Church, the Wardens shall have Trespass against him which takes this out of the Church. 10 H. 4. fol. 9 Churchwardens shall have Trespass of Bells taken, though the Defendant hangs them in the Steeple, and though they are annexed to the Church, they are no parcel: Parson shall have Trespass of Windows, and Trees in the Churchyard cut, and the Wardens shall have Trespass of the Ornaments taken. 8 H. 6. f. 9 Parson brings Trespass of entering in a Close and House, which was the Churchyard, and the Church; and it so seems that he hath interest in that. 38 H. 6. fol. 19 Parson shall have Assize of Churchyard, or Glebe. 8 H. 7. f. 12. The of the Church is to the Parson, and the pews are Chattels, unless they be fixed, but some have pews there by Prescription, but the pews fixed there are to the Parson. 21 H. 7. f. 21. Church-yard and Church are to the Parson, and he shall have Trespass of Trees cut in the Churchyard. Abridgement of Assizes, fol. 112. Assizes. It is a good Plea for the Defendant at the Jurisdiction of the Court to say, that he is Parson, and that it is parcel of his Churchyard. 15 H. 7. f. 8. Church and Church-yard are to the Parson, that is, the of them. 30 Ed. 3. Tit. Account, Statham. See there that the Church is to the Parishioners. Brit. fol. 84. Churchyards, burying-places, Church or Chancels are to none. Seek. 9 Ed. 4. fol. 15. Indictment by the Churchwardens, why by force of Arms, the Goods of the Chapel, etc. being, it seems good, and it seems, if it were the Goods of the Parishioners it were better. 8 Ed. 4. f. 6. Trespass by the Churchwardens, and it is to the loss of the Parishioners, and it seems they are a Corporation for personal things. 9 Ed. 4. fol. 15. Trespass was brought by Dame which against the Parson, for taking a Coat-armor, certain Pendants with the Arms of Sir Hugh Wiche her Husband. And it seems that a Parson shall not have that, nor the Churchwardens, for they are hung there for the honour of the Body of him that was buried there. 37 H. 6. f. 32. Churchwardens shall have Trespass of the Goods of the Parish taken, and an Appeal of Robbery. 12 H. 7. fol. 32. Wardens of the Church cannot let Lands, nor take Lands, but they may have Goods. Abridg. of Ass. fol. 76. Churchwardens may have an Appeal of Robbery of the Church Goods. 13 H. 7. f. 9 Churchwardens cannot let Lands, for the Law gives them Authority to receive Goods, but not to departed with any thing, and may have Trespass of Goods of the Church taken. 8 H. 5. fol. 4. To the Wardens of the Church are the Books, and Bells, and Goods of the Church. Doct. and Student, f. 118. For not enclosing the Churchyard, and for not sufficient repairing the Church, shall be a Complaint to the Ordinary. Waging of Law. Then for that, that the ancient Trial in Court Baron is by waging of Law, and also in Plaints for Copy-hold-Lands of non-summons, it is needful to say something of waging of Law, and what will save his Default, and where, without waging the Law of non-summons. Trial, that in Court Baron the Trial is by waging Law, but it may be by a Jury by consent of the parties, 33 H. 8. f. 143. 18 H. 8. fol. 3. Of Detinue, and counts of delivering of Goods by another hand, the Defendant may wage his Law, for the Detinue is the cause of Action, and not the Delivery: but in Account and Counts of a Receipt by another hand, he cannot wage his Law, for the Receipt is traversable, 34 Ed. 3. f. 61. 26. H. 8. f. 26. Detinue, It seems though the delivery were by deed, it may be discharged by matter in the evidence by redelivery, and in account of receipt, by the Plaintiffs own hands, and he shows a deed testifiing that, yet the Defendant in these cases may wage his Law, 16 Ed. 3. tit. 57 F. See, 27 H. 8. f. 26. Account, the Defendant shows a deed witnessing the receipt, Defendant shall not have his Law. Debt upon Arbitrement, for Money awarded, Defendant may wage his Law for he hath notice of the award, and aught to take notice of it, and so it seems in debt against a Husband and his Wife, for debt of the Wife, for the Wife is party always, 1 H. 7. f. 25. 10 H. 7. f. 18, In debt upon a Statute of Cappers, Defendant cannot wage his Law, for it is a matter of Record, 50 Ed. 3. f. Where the King is party Defendant cannot wage his Law. 13 H. 7. f. 3. Debt against Successor of an Abbot, where Predecessor makes a bargain, that is buying Fishes which comes to the use of the House, and the Successor, hath his Law, and yet it was of another's Contract 1 H. 7. f. 25. Contrary, for he hath notice of the bargain, and said, if my Servant buy a Horse for me, in debt against me of that contract, I may wage my Law, 13 H. 7. fol. 3. 2 H. 4. f. 16. Where the Testator may wage his Law, no Action lies against the Executors, 15 Ed. 4. f. 3 H. 4. fol. 3. Where the Defendant is ready to wage his Law, and the Plaintiff is Demandant, and makes default, he cannot be nonsuited, where before he appeared in Court. But if he had imparled to this day he might be nonsuited. 6 H. 4. fol. 2. In debt for damages recovered in a Base Court, the Defendant tenders his Law, but shall not have it. 34 H. 6. fol. 64. 11 H. 4. fol. 54. In debt for money awarded upon arbitrement, the Defendant may have his Law. 22 H. 6. fol. 46. the same. 2 H. 5. fol. 6. the same. 8 Ed: 4. fol. 4. Detinue of Charters, held by all the Justices, that the Defendant may traverse the delivery generally, for that, that he could not wage his Law but in Detinue of Charters. If the Plaintiff do not entitle himself to Land, the Defendant he may wage his Law: For if one give to me a Deed of feoffment it is but a chattel in me, if I have not the Land. 9 Ed: 4. fol. 1. Debt, where a man lets a Chamber to the Defendant, and takes his wife and son to table, rendering for the Chamber and Table 6 s. a week, defendant cannot for his debt wage his Law. 9 Ed: 4. fol. 25. Debt against the Husband and his wife for debt of the wife before the marriage, both shall wage their Law, for by the marriage the debt is the Husbands. 15 Ed. 4. fol. 2. the same. 16 Ed. 4. fol: 15. Debt of the sale of , the Defendant may wage his Law. The same Law is in debt for wages, unless the reteiner be according to the Statute of Labourers. 21 Ed. 4. fol. 26. Debt for an Horse sold for 10 l. where there were two, or the contrary; or if he count of a Cow where it was a garment, it seems he may wage his Law by conscience, for it is another contract. 22. Ed: 3. fol: 2. Detinue, if a man deliver to me goods in satisfaction of debt due to me, and after having brought Detinue, Defendant may wage his Law, for the property is changed, and in Detinue of a thing of 4 ounces which is but two, The Defendant may wage his Law, the same law in Detinue of a white horse, which indeed is bay. The same in Detinue of cloth of 20 yards, where it is but 13. the Defendant in these cases, by conscience may wage his Law. 34 H. 8. tit: 97. Detinue of a Deed Indent of a Lease for years, the Defendant cannot wage his Law, for this concerns Land, and a Chattel real. 21 Ed: 4. tit: 79. Detinue of a chest with Writings, enealed, or of a Box ensealed with Writings, the Defendant may wage his Law. And where he counts of a chest ensealed with Writings, and of a special Deed, the Defendant may say to this deed he detains not, and to the rest wage his Law. 19 H. 6. fol. 9 the same. And 38 H. 6. fol: 25. the same. 44 Ed: 3.1. and 10 H. 6. fol: 20. 12 R: 2. tit. 43. Debt for amerciament in Leet, Defendant shall not have his Law. 39 H: 6. fol: 36. Debt upon a Bargain, the Plaintiff shows a Deed witnessing the receipt of it, yet defendant shall have his Law. 32 H: 6. fol: 19 Debt for a Salary in Husbandry retained, Defendant shall not have his Law. 8 H: 5. tit. 5. Quo minus. B. A man shall not wage his Law in a (Quo minus) where one sues that for debt, and pays the King: 32 H. 6. fol: 28. the same. 32 H: 8. tit. 112. It was spoken for Law, that a man shall not wage his Law in (Quo minus) But see Tit. 102. B. 2 H: 5. fol: 6. Debt for money awarded by Arbitrators, defendant shall have his Law, for they are not Judges of Record. 5 H. 5. fol: the last, the same. 9 H. 5. fol. 5. Debt upon Arrearages of account before Auditors, defendant shall not have his Law for that, because they be as Judges of Record: otherwise it is of Arrearages before the Plaintiff himself. 5 H. 6. fo: 17. 43 Ed: 3. fol. 1. 49 Ed: 3. fol. 3. 38 H. 6. fol. 6. The Lord in debt against him of surplusage of Account, he may wage his Law by Prisot. 38 H. 6. fol: 14. Debt for wages, he counts that he was retained to serve in Husbandry, defendant could not wage his Law; and if he count of another reteiner, he may have his Law. 38 H: 6. fol: 24. If a Gentleman be retained in Husbandry in debt for their salary, defendant cannot wage his Law: But if a Gentleman, or a Carpenter be retained in other Art then Husbandry, in debt for their wages, the defendants shall have their Law: 39 H. 6. fol: 19 3 H: 6. fol: 43. the same. 1 H: 6. fol: 1. Debt, and counts that he left to the defendant certain sheep, paying for every sheep by the year 4 d. and 15 d. for every sheep dead; Defendant tenders his Law forthwith, and had it. The same Law is in debt upon Arbitrement: but otherwise it is in debt upon a Lease of land rendering Rent. 3 H: 6. fol: 14. Debt, Defendant Imparles till the next day, and then comes and tenders his law forthwith; And for that, that all was in one self same Term, the Plaintiff should not be demanded to be nonsuited. But for that, that he said nothing, it shall be intended acknowledged by him. But if he had Imparled till another Term, Plaintiff shall be demanded, and may be nonsuited. 3 H: 6. fol: 34. Debt by Counsellor, and how he was retained by 20 li. yearly, and the Plaintiff ought to count that he hath given him Counsel; And the defendant tenders his Law, and had it. But in debt for wages of a Common Labourer, Defendant cannot wage his law, for it is certain by the Statute. 3 H: 6. fol: 43. Debt of 40 s: for Tallow, the defendant saith that he bought the Tallow for 3 s: 6 d: which he is ready to pay, etc. And to the remnant tenders his Law, and had it: and for that it was the same Term, Plaintiff shall not be demanded; But if it were in another Term he shall be demanded. 4 H. 6. fol: 25. Debt upon Arrearages of account, before an Auditor, Defendant tenders his Law, and had it: 20 H. 6. fo: 17. the same. ● H. 6. fol: 58. Debt upon Arbitrement, Defendant shall have his Law, and in Detinue of delivery by another's hand, but not in account of receipt by another hand. 10 H. 6. fol. 20. Detinue of Writings ensealed, and counts of one, especial of the Land, the Defendant may plead bar to that, and to the remnant tender his Law, and had it. 11 H. 6. fol: 11. If debt be upon a lease and Bargain, or upon an Obligation, and Bargain, Defendant may plead to the Obligation, and to the Bargain wage his Law: 14 H. 6. fol: 1. the same. 19 H. 6. fol: 10. the same: 33 H. 6. fol: 26. 44 Ed: 3. fol: 41. Detinue, where the Plaintiff count of a chest for Writings, the Defendant may wage his Laws but if he counts of a special Writing concerning land, he cannot wage his law of that, but of the Chest and the residue. 46 Ed: 3. fol: 6. Debt upon Contract for 40 s. the Defendant saith that he doth not know the Contract to be made for so much: but only for 4 s. which he hath been always ready to pay, and yet is: And to the 40 s. he owes him nothing, ready to wage his law, 3 H. 6. fol: 43. 49 Ed: 3. fol: 3. Debt upon arrearages of Account, found before Auditors assigned by the Party out of the Court, and the Defendant tenders his law and had it. 21 H. 6. fol: 48. Detinue of two Writings obligatory, the Defendant may wage his law. 7 R. 2. tit: 42. Fitzh. Debt upon a Lease of land, the Defendant shall not have his Law. 12 R. 2. tit: 43: F. Debt for Amerciament in Leet, the Defendant shall not have his law. 14 Ed. 3. tit: 48. F. Account of Receipt by his own hand, the Defendant shall have his law, 25 Ed: 3. fol: 46. the same. 5 Ed: 3. tit: 54. F. Account of receipt by the hands of his Wife, the Defendant shall have his law. 14 Ed: 2. tit: 69. F. Account of receipt by other hands, the Defendant shall not have his law, 17 Ed: 2. tit: 72 the same case. 27 H. 8. fol: 26. Account of Receipt by his hands, and shows a deed witnessing that, yet the Defendant may wage his Law. 39 H. 6. fol: 36. Debt upon a Bargain, the Plaintiff shows a deed witnessing that, yet the Defendant shall have his Law, see before. 26 H. 8. fol: 26. 18 Ed. 3. fol: 53. One which was dumb waged his Law by signs, and the words were read to him, and he put his hand upon the book, and kissed it, and so waged his Law without words. 21 H. 6. fol: 47. Where a Lombard waged his Law. 22 H: 6. fol: 14. Debt for Commons of one, Defendant shall have his Law. 1 Ed: 4. fol: 5. 9 Ed: 4. fol: 1. the same. 28 H. 6. fol: 5. Debt against a Prisoner of the Tower for his meat, he shall not have his Law, for the Plaintiff is compellable to give that to him. 27 H. 6. fol: 16. If the Tenant at the day of the great Cape appear, and tenders his Law of non-summons, and the Sheriff do not return the Writ, yet he may wage his Law, for he hath day by Roll. 33 H: 6. fol: 8. Praecipe, At the day of the great Cape returned, the Tenant saith that he was not summoned, ready to prove by the Country, and shall be tried by waging law, and not by the Country, unless upon special matter showed, as if the party were sick, or it be a Mayor and Commonalty, or be a Recluse: And waging of Law shall be by 12 hands, that is 12, and he himself shall be sworn: But the use is in Court Baron by 6. 40 Ed: 3. fol: 40. Cessavit against 3. which 3 at the day of the great Cape returned, waged their Law of not summoned, and at the day 2 made default, and the third appeared, and tendered the Arrearages, and could not, unless for the third part, for that, that they are joined in Tender. 41 Ed: 3. fol: 2. Praecipe against 2 which wage their Law of not summoned, and at the day one comes and the other not: And he which comes wages his Law, and awarded, that the demandant should recover the half against him which made default, and took nothing by his Writ against the other, 40 Ed: 3. fol: 35. 48 Ed. 3. fol. 13. Cessavit against three, they wage their Law of not summoned at the day, the great Cape returned, and at the day gives them to make their Law, two appears and wage their Law, and the third makes default, and the Writ abates for two parts, and one was received for the third part in desault of the three, and so the Writ shall be for the third part. 40 Ed. 3. fol. 35. Debt against two which tender their Law, and at the day one makes default, and the other was ready to wage his Law, and waged his Law: And for that, that the Plaintiff suffered that, he was barred. And yet where the two tendered their Law, and at the day one made default, this was the default of both, If the Plaintiff had prayed it, and not suffered the Law of one. 44 Ed. 3. fol. 38. Praecipe, the Tenant wages his Law of not summoned, the Writ shall abate. 7 H. 4. fol. 3. Praecipe the Tenant makes default after appearance, by which issues Petty Cape, at which day he appears by Attorney, and the Attorney wages his Law, and day given for his Master against another day to make his Law. 7 H. 4. fol. 7. The waging Law shall be in person by the Tenant, and not by Attorney. 24 Ed: 3 tit. 57 If Summons in Praecipe be not served fifteen days before the first day of the return of the Writ the Tenant may wage his Law of not summoned. 42 Ed. 3. fol. 7. Praecipe, at the great Cape returned, the Tenant tenders his Law of not summoned, and at the day comes to wage his Law; And the Demandant offers to waive the default, and prays that the Tenant may plead in chief. But cannot if the Tenant will not assent, by which he made his Law, and the Demandant takes nothing by his Writ. But at the first day that the Tenant offered his Law, the Demandant might have released the default: 27 H. 8. fol. 17. the same. 2 H. 5. fol: 1. Formedon, at the great Cape returned, the Demandant is essoined, and for that the Tenant need not wage his Law, for the default is saved. 18 H. 6. fol: 6.3 H. 6. fol. 50. the same. 8 Ed: 4. fol: 2 Praecipe, If the Demandant be essoined the day that the Tenant tenders his Law, the default is saved, & he need not wage his Law of not summoned. But if it be at the day that he hath waged his Law it is otherwise; for he cannot release the default. 33 H. 6. fol. 49. the same. 7 Ed. 3. tit. 51. Saving default. Fitzh: at the Petty Cape returned the Demandant was essoined, and had day over, at which day he took him to the default, and the Tenant was put to answer at the default, notwithstanding the said Essoine. 5 Book of Ass. 11. the same. 4 Ed. 3. tit. 62. F. At the great Cape returned the Demandant was essoined, and day given over, at which day the Demandant took him at default by which it was awarded, that he take nothing by his Writ. 3 H. 6. fol. 48. Praecipe at the great Cape returned, the Defendant saith that he was imprisoned by J. S. upon a Statute Merchant, by virtue of a Statute acknowledged to him that he could not come; and notwithstanding that this was his own act; that is to say, the acknowledging the Statute, and not paying it, yet the Imprisonment was by the act of the Law, and his default, and by that Plea his default was saved. The same Law of increase of water: 12 Ed. 4. fol. 44. Saving default. F. 42 Ed: 3. fol: 7. Praecipe, at the Petty Cape ret●●●ed, the Tenant saith that he was in Prison at the time of the default made, ready, etc. And the Demandant to the contrary, that he was at large; and the Enquest taken, & sound that he was in prison, by which the Demandant took nothing by his Writ: 13 Ed. 3. Tit. 49. F. 18 Ed. 3. tit. 35. F. At the great Cape returned, the Tenant saith that he was in prison, etc. The demandant saith that he was in prison by his own consent, and by fraud to save his default. And the Tenant was driven to aver, that he was in prison against his will, and upon this Issue taken: 14 Ed: 3 tit. 39 F. 13 Ed: 3. tit. 49. At the petty Cape returned, the Tenant saith that he was in prison upon a Statute, etc. and the demandant saith, that that was by covin, and so Issue taken that he was in prison against his will, taken, and others to the contrary. 39 H. 6. fol: 17. The Attorney may save the default where his Master came, and for that both may save the default, by increase of water, and by Imprisonment, and not by weakness, neither of the one nor of the other; for that cannot be tried if he may come without unavoidable peril of death, or not. 38 H: 6. fol: 12. Weakness of an Attorney is not sufficient to save a default, but increase of water, and Imprisonment is a cause. See 50 Ed. 3. fol. 9 And the Tenant plead in abatement matter for mischief of war, and death, which proves the Writ abated without saving his default. 40 Ed: 3. fol. 2. Praecipe against H. son of W. Osmond, the Tenant at the great Cape comes without saving his default, and saith, that his Father is named Edmond, and not Osmond, and for mischief of the war he shall have that plea, before default saved by waging of Law. 40 Ed. 3. fol. 42. Formedon, at the day of the Petty Cape, the Tenant cometh and saith, that the Demandant hath entered hanging the Writ, and cannot have that Plea in abatement before the default saved. 40 Ed. 3. fol. 18. Praecipe against the Husband and Isabel his wife, they come before the default saved, that the wife is named Elizabeth, and had for the mischief of the war. 14 H: 4. tit. 15. Praecipe, the Tenant saith, that the Demandant is outlawed, and shall not have this before default saved. 38 Ed. 3. tit. 17. At the great Cape against three, they allege several Te●ancie, and the Writ abate, if he do not maintain. And they shall not wage the Law of not summoned, for than they admit the Writ, and that they are Tenants as the Writ supposeth. 12 Ed. 4. fol. 1. 14 H. 6. f. 4. Praecipe, at the great Cape the Tenant would plead joint-tenancy, and could not before his default saved, for this comes upon the view. 42 Ed. 3. fol. 11. the same. 21 Ed. 4. fol. 19 Praecipe against two at the great Cape, one Tenant pleads that the other is dead after the day of the default, and for that, this Plea proves the Writ abated, he shall have this Plea before his default saved: 20 H. 6. fol. 2. the same. 42 Ed: 3. fol: 3. Praecipe against two, one Tenant may plead that in the conclusion of the Writ, the one is left out, and the Writ for that is abated before the default saved. Pleas after Continuance, and Imparlance, and what not. Assize, where they are adjourned upon Plea in Bar, it seems that he shall not have but one Plea, after the last continuance, for otherwise he may delay the party, Infinitely: 28 H. 6. fol: 1.9. H. 7. fol: 9.9 H. 6. fol: 22. Quare impedit, clearly agreed, that a man shall have but one Plea after the last continuance, upon matter in Deed: And by some, the same Law is where it is by matter of Record. 1 Ed: 4. fol: 3. Ass: It seems that one cannot have divers Pleas after the last Continuance. 2 H. 6. fol: 13. Entry in the Post, If the Demandant enter, and after there is a Continuance, yet he may plead that, for that, that it is abated: And it is folly of the Demandant to abate his own Writ. 7 H. 6. fol: 15. The same. 7 H. 6. f: 16. Quare Impedit, It was pleaded in abatement, Plaintiff was made knight after the last continuance. Judgement of the Writ, and he had it. 20 H. 6. fol: 17. Trespass after Imparlance, the Defendant saith, that the Plaintiff was made knight day of the Writ not named knight, Judgement of the Writ, and had that Plea. 35 H. 6. fol: 5. Where a man is sued by the name of J. Prior of the Church of St. Peter of D. and imparles by an Attorney, he shall not plead in person afterwards, that he is Prior of the Church of St. Peter, and Paul, for that is parcel of the name, which cannot be pleaded after Imparlance, for that doth notstand with, etc. 35 H. 6. fol: 37. Trespass against J.S. of D. after Imparlance he demands Judgement of the Writ, for day of the Writ purchased he was dwelling at S. and not at D. and shall not have it, for it is contrary to the name which the hath affirmed by the Imparlance. 32 H. 6. fol: 35. After Imparlance, the Defendant cannot plead, that he is dwelling in another place, then is in the Count: 19 H. 6. fol: 1. 35 H. 6. fol: 43. Debt against J. S. as Executor of J. D. and he imparles, he shall not say after, that he is Administrator, and nor Executor: 32 H. 6. fol: 32. The same, 36 H. 6. fol: 17. 37 H. 6. fol: 32. If the Defendant in personal action imparle, and at the day makes default, Judgement shall be given, and in a real action shall be awarded a Petty Cape: 7 H: 6. fol: 30. The same, 11 H 7 fol: 5.38 H. 6. fol: 36.39 H. 6. fol: 17. 4 H. 7. fol: 12. If a man in debt upon an Obligation, imparle before he demands hearing of the Obligation and Condition, and hath that entered, he cannot plead the Condition afterward, for he shall not have hearing of that, if he do not allege variance. 13 H. 7. fol: 17. Praecipe of Lands in D. the Tenant imparles, and at the day he may say no such Town: 9 Ed: 4. fol: 33. the same, 7 Ed: 4. fol: 1. Trespass. 16 H. 7. fol: 17. Debt by Prior, the Defendant imparles, and at the day saith, that the Plaintiff is deposed, for that goes in Bar. 7 Ed. 4. fol: 1. Trespass against J.S. de D. in the County of Middlesex, after Imparlance the Defendant cannot say, no such Town D. within the said County: but he may say there is over D. and nether D and none without addition: 22 Ed: 4. fol: 1. the same. 9 Ed. 4. fol: 38. Praecipe, after Imparlance one may plead Non-tenure, and Joyntenancie: But in Praecipe of Lands in D. and S. the Tenant Imparles, and at the day saith, That D. is an Hamlet of S. without that, that there is any Town or place known out of the Town named D. in the same County, Judgement of the Writ, and hath the Plea by the whole Court. 9 Ed. 4. fol. 42. Debt against Executors, after Imparlance he cannot say that the Testator dies intestate, and that the Administration was committed to him, Judgement of the Writ, for he is estopped by the Imparlance, but he may plead never Executor, nor ever administered as an Executor, for that is with the, etc. 32 H. 6. fol. 32. the same. 18 Ed. 4. fol. 19 Writ is abated by death, and abateable by Joyntenancie, and several tenancy, and where a man is made knight, or a woman takes an husband, and such like, and saith, where a Writ is abateable if he Imparle, or take continuance, he cannot plead in abatement: But otherwise it is if it were abated. See 7 H. 6. fol. 16. and 20 H. 6. fo. 17. And note that it pleaded there that the Plaintiff is a knight. 44 Ed. 3. fol. 4. After Imparlance the Defendant may plead to the Action, as to say, that the Plaintiff is a Cannon professed, etc. But he cannot plead to the Writ, unless he come after the Continuance, unless it were for that, that the Writ is abated, as death, etc. 20 Ed. 4. fol. 9 Debt upon a Lease of a Corodie, the Defendant imparles, and after that shall not have hearing of the Deed. See 4 H. 7. fol: 12. 4 H: 7. fol. 17. Replegeare against three which imparle jointly, and one makes default, the other cannot plead no such in being, as one is, which makes default. 11 H. 7. fol. 5. Debt for Corn, the Defendant imparles, and at the day makes default, there shall go a Writ to inquire of the value. See 37 H. 6. fol. 32. 15 H. 7. fol. 14. Attorney for Corporation after Imparlance, he cannot plead that they are corporate by another name. 32 H. 6. fol: 12. Where a Writ is abated, he may plead that though there be a Continuance, as to say that the Plaintiff is dead, or hath an Husband day of the Writ, but if it be abateable, it is otherwise, he may say that after the last continuance, is made knight, Judgement of the Writ, etc. where it is abateable. 34 H. 6. fol: 49. Debt upon Obligation by three, the Defendant pleads not his Deed; yet he may plead that after the last continuance one Plaintiff is dead. 22 Ed: 4. fol: 36. Trespass. The Defendant after Imparlance, may say that the Plaintiff is his wife, Judgement if Action; or that the Plaintiff is a Monk professed. And in Mordancester that the Demandant is a Bastard. And in Debt against Executors, after Imparlance he may say he was never Executor, nor ever administered as Executor; for these are disabilities which go in Bar. 32 H. 6. fol: 32. It seems a man may plead after a Continuance, that the Plaintiff is a stranger born, or Monk professed, Judgement if Action, and not to the person. 36 H. 6. fol: 7. 7 H. 6. fol. 39 It seems that after Imparlance, one cannot plead to the Jurisdiction, unless it be after special Imparlance, saving all advantages, as well to the Jurisdiction of the Courts as to the Writ, and Declaration. 19 H. 6. fol. 7. Debt by Executor, which shows the Will (as it behoveth) and after the Defendant imparles, there he shall not have reading of the Will again. 38 H. 6. fol. 2. But if he plead variance, he shall have (Reading) and so in Debt upon Obligation. 16 Ed. 4. fol. 4. Debt upon speciality, the Defendant may plead Outlawrie in the Plaintiff, though he hath parled; for that is a Bar, and entitles the King. 4 Ed. 4. fol. 15. Debt, after Imparlance, one space in the Count cannot be amended in another term. 39 H. 6. fol. 22. Debt upon arrearages of annuity, after Imparlance; the Defendant cannot have hearing of the Deed: But if the Defendant plead that it was made in another County, then where the Writ was brought, and then he shall show. 39 H. 6. fol. 17. the same. Pleas after day given. IF the Defendant imparle, and make default, he shall be condemned, and upon day given shall issue Process. 7 H. 6. fol. 42. 19 H. 8. fol. 6. Note by all the Prothonotaries that (day given) is ever before the Count, and Imparlance is after the Count, and therefore where three Capias and Exigent is awarded, and the Defendant appear upon the Exigent, and hath (day given) and after makes default, Distringas shall go, and upon that returned, (Nihil) other 3 Capias and Exigent, and upon default in pers●r all action, he shall be condemned. See 7 H. 6. fol: 42. 20 H. 6. fol: 17. Trespass, the Defendant at the day which he hath by Imparlance saith, that the Plaintiff was knight day of the Writ purchased, not named knight, Judgement of the Writ, and had plea by Judgement. Otherwise it is said after continuance by (day given.) 42 Ed: 3. fol: 1. Debt, the Defendant came at the Exigent, by (Reddidit se) and was bailed, and the Plaintiff came and prayed day by (Prece partium) and had it, notwithstanding that the Defendant was by Bail, for that is by agreement of the parties. 8 H. 5. fol: 8. After day given, and after special Imparlance, the Defendant may plead in abatement, and not after general Imparlance. 14 H. 4. fol: 14. If the parties be at Issue, and the Demandant releases to the Tenant, and he takes continuance by request of the parties, he shall not plead the release. 22 Ed: 3. fol: 8. The Tenant after the (request of the parties) was received to plead Joyntenancie by Fine. Pleas after Issue, and at the Nisi prius day in Bench, and after Verdict. DOwer, by Thorpe, the day of the Nisi prius, and the day in Bench is not all one to all respects; for a Writ purchased mean between the Nisi prius and day in Bench, shall abate, for the first Writ is hanging till Judgement be given, notwithstanding the Plaintiff was nonsuited at the Nisi prius. But when to plead any Pleas, which come mean between them, there shall be one same day. 40 Ed: 3. fol: 38. 28 H. 6. fol: 1. A man may plead a Plea after last continuance at the Nisi prius. Inquire what Pleas. 34 H. 6. fol: 45. At the day of the Nisi prius, the Defennant pleads to the Writ, that one of the Plaintiffs was dead after the last continuance at D. in the County of Derby. Judgement of the Writ, and had it. 47 Ed: 3. fol: 2. If it be found against the Plaintiff at the Nisi prius, and the Plaintiff makes default at the day in Bench, yet Judgement shall be upon the Verdict, for that is all one day, and the day of the Nisi prius. 10 H. 7. fol: 21. Debt upon a Lease for years, and the Issue was levied by distress or not; And now at the Nisi prius, he could not plead a Release made after the last continuance. 19 H. 6. fol: 36. Forging of false Deeds against many, they were at Issue, Process continued against the Enquest till the Jury appeared, at which day the Defendant pleads arbitrement after the last continuance, and upon this the Jury was discharged. 21 H. 6. fol. 10. Nisi prius was returned Octa: Mich: that is, the day in Bench: and one Plaintiff died after Octa: Mich: and before Judgement given upon the Verdict; And the Defendant may plead that, for Judgement shall have relation to Octa: Mich: and then the Defendant cannot have remedy by Writ of Error, Audita querela, nor otherwise; therefore he shall have the Plea again. But it seems that the Defendant cannot plead Release made to him, by the Plaintiff after Verdict, for he shall have an Audita querela, contrary of his death, the day of Nisi prius, and the day in Bench were all one self same day, and no mean time; and therefore Release made mean between these two cannot be pleaded at the day in Bench, notwithstanding it seems at the day of Nisi prius before the Jury taken. The Release which is made mean between the Award of the Writ of Nisi prius, and the day of the Nisi prius, may be pleaded at the Nisi prius. See 10 H. 6. tit: 53 and tit: 55. Br. 22 H. 6. fol: 1. Dower, It seems if the Plaintiff release to the Defendant mean between the award of the Nisi prius and the day of the Nisi prius, there if the Jury remain for default of Jurors, the Defendant may plead this Release at the day in Bench after the last continuance, though he did not offer it at the day of Nisi prius, and contrary it seems, if the Jury had been ready at the Nisi prius. 36 H. 6. fol: 24. At the Nisi prius the Enquest passed for the Plaintiff, and he released before the day in Bench, the Defendant shall have an Audita querela, and of this it follows, that the Defendant cannot plead that at the day in Bench after the last Continuance. 34 H. 6. fol: 3. 21 H. 7. fol: 33. After the Enquest taken by default, the Defendant cometh before Judgement, and pleads that he and the Plaintiff have put themselves to Arbitrement after the last Continuance, etc. And by the opinion of the Court, he hath no day in Court to plead that Plea. And it was said that he shall plead no plea in such case, but as a friend to the Court. But of matter apparent he shall be received, but in the King's case, he shall have that by plea; for he hath no other remedy. But in the case between common persons, he shall have Audita querela, contrary against the King. 11 H. 7. fol: 10. tit. B. 61. 38 H. 6. fol: 33. Debt by Moyle, the Defendant after that he was at Issue might once plead plea, after the last Continuance, as release or such like, notwithstanding no oftener than once. 41 Book of Ass: 19 If Verdict pass for the Plaintiff, and the Defendant get a release before Judgement, yet he cannot plead that. 21 Ed: 4. fol: 52. Adjudge that the Defendant cannot plead Release, made mean between the Nisi prius and the day in Bench. 16 Ed: 4. fol: 5. A man may plead a Plea after the last Continuance, after Issue joined, and in another Term. And therefore it seems, that the parties have day in Court, as well after Issue joined till Verdict, as before. 50 Ed: 3. fol: 4. Imparlance at a day in the same Term, and at a day and Term between, and Imparlance of the Plaintiff. COntinuance by Capias, aught to be made from Term to Term, and cannot have other Term between; for that, that the party shall not stay so long in prison, but continuance by distress may be made by a Term between, as from Michaelmas Term to Easter. 8 Ed: 4. fol. 13. 12 H. 7. fol: Common recoveries for assurance, the Tenant tenders Issue, the Demandant may Imparle to a day in the same Term. 44 Ed: 3. fol: 16. If a man Imparle to another day in the same Term, or till the next day, yet that is a new day, at which the parties are demandable. 37 H. 6. fol: 27. Debt, Defendant pleads misnaming of himself, and the Plaintiff Imparles, and had it. 22 Ed. 4. fol. 19 Where the Defendant in appeal of Robbery, by which he put his life in jeopardy, the Plaintiff shall not Imparle to that, and therefore ruled that he should answer the Court sitting. What Pleas he shall have after the last Continuance. WHere the parties and Jury appear at the fourth day in the Common Bench, and are adjourned, at another day a man may plead a Plea after the last Continuance. 28 H. 6. fol. 1. 8 Ed. 4. fol. 9 Where a man pleads death of the Defenfendant, hanging the Writ, he shall not plead that after the last Continuance, for that by this the Writ is abated in deed, contrary of a Plea which proves the Writ abateable. 34. H. 6. fol: 49. At the day of Nisi prius, the Defendant pleads to the Writ, that one of the Plaintiffs was dead after the last continuance, at D. in the County of Derby, Judgement of the Writ and the Plea recorded, and the matter adjourned, and had that Plea. 14 H. 6. fol: 9 38. Ed: 3. fol: 5. Praecipe by a Woman, the Tenant tenders his Law of not summoned, and at the day was essoyned, and at the day saith that the Demandant took a Husband after the Law tendered, and for that, that he did not say after the last continuance, that is after the essoyn, it was held no Plea. 4. H. 7. fol: 8. A man shall have but one Plea after the last continuance, 38. H: 6. fol: 33. the same. 16 Ed: 4. fol: 5. A man may plead a Plea after the last continuance after Issue joined, and in another Term, till Verdict, but not mean between Nisi prius and the day in Bench. ●. H. 7. fol: 8. A man shall not have a Plea after the last continuance, unless such Pleas which were not in being, at the time of the first Plea, for otherwise it is not after the last continuance. Maintenance. In so much that Maintenance may be the better avoided, let us see what maintenance is forbidden by the Law THat no Clerk of a Justice or Sheriff shall not maintain parties in quarrels, nor in businesses which are in the King's Court, West: 2. chap: 28. That none of the King's Counsellors, nor none of his house, nor none of his other servants, nor no great ones of the Land by sending of their Letters, nor in other manner, nor no other of the Realm, shall not undertake to maintain quarrels, nor parties in the Country in disturbance of the Common Law, 1 Ed: 3. chap: 14. See 20 Ed: 3. chap: 3. That no Counsellor, Officer, or Servant, nor any other persons, shall not uphold or maintain any quarrels by maintenance, in the Country nor elsewhere, first of R. 2. chap: 4. That henceforth none buy or sell, or take promise, grant or Covenant, to have Manors, Lands, Tenements, or hereditaments. But if such person which sells, their Heirs, or they by whom they claim have been in possession of the same, or of the reversion or remainder of that, or hath taken Rents or profits of that, by the space of one whole year, next before that bargain, Covenant, Grant, or promise, made upon pain of him that bargains, to forfeit the value of the Lands, And the Buyer also knowing that to forfeit also the value of the Land, the one half to the King, the other to him which will sue for the same, within one year after the same offence. And it is also Enacted, that none from henceforth unlawfully maintain; or cause, or procure any unlawful maintenance in any action or complaint, in any of the Courts of the King of the Chancery: Starr-Chamber, White-Hall, or otherwhere within the King's Dominions, where they have power to hold Plea of Land by Commission, Patent, or Writ. And also that none shall instruct Jurors or subborn Witnesses, by Letters, Promises, or by any other sinister labour or means, to maintain any matter or cause, or to hinder Justice, or to procure or occasion any manner of perjury, upon pain of forfeiture, for every such offence 10 l. one half to the King, and the other to him that will sue for the same, within one year after the same offence, 32. H. 8. chap: 9 If one will say he will maintain, and doth it not, he shall not be punished for maintenance, And Champerty lies, where one purchases, hanging the Suit, 9 H. 7. fol: 18. See 3 H. 6. fol: 53. It seems it is no maintenance to give money before a Suit gins, but hanging the Suit, Maintenance, the Writ was in Plea, which was hanging, he maintains, and it is good, and it seems it is better to say in Plea, which was hanging, 10. H. 7. f. 27. It seems one may covenant to have part of an Obligation when it is recovered, for travelling with an Alien which cannot speak English, nor Latin to his Counsel, so one may covenant with one indebted to him, and deliver him the Obligation of another, in satisfaction of his Debt, to sue in his name, and notwithstanding that he paid Counsel, it is no Champerty. Every Champerty implies in it Maintenance, but not of the contrary, and he to whose use, and every one that hath lawful Interest in the Land may maintain, 15 H. 7. f. 2.34. H. 6. fol. 33. the same. By Fineux, If a Servant be arrested for Debt, or other thing in London, or other Franchise, the Master may maintain him, and spend of his proper money for loss of his Service, Inquire. But otherwise it is in Praecipe, 21 H. 7. fol. 40. B. See 21 H. 6. fol. 19 by Newton. By Newton, and Paston, Servant may pray one skilled in the Law, to be of Counsel with his Master, but a stranger cannot pray one to be of Counsel with my Adversary, for he hath nothing to do, 21 H. 6. fol. 19 If a man be at the Bar, and another informs the Court, that this man can declare the truth, and pray that he be sworn; and by the commandment of the Court he swears, this is Maintenance justifiable, but if he had said for one, or the other, of his own head, this is Maintenance punishable: the same Law, if he inform a Jury sworn, of his own head, it is Maintenance punishable, 28 H. 6. f. 6. The Master may pray one skilled in the Law, to be Counsel with his Servant, and this is Maintenance justifiable, but he cannot give of his own proper goods to distribute to men of the Country, for maintaining his quarrel; for than he meddles with a thing forbidden by the Law; and by Prisot he may justify giving money to Lawyers to be of Counsel with his Servant, but not to give money to others, not learned in the Law, 28. H. 6. fol. 12. By Fortescue, Master may pray one learned in Law, to be of Counsel with his Servant, but not to give to them money, unless it be of his Wages, and he saith one skilled in the Law, may be of Counsel without a Fee, Inquire 31. H. 6. f. 2.36 H. 6. fol. 29.3 H. 6. f. 55. Maintenance one may justify, for that he is his Servant, but he cannot give money. Maintenance, Defendant justifies that he is a Bail, and that he came to the Defendants Attorney, and prayed him to be careful, the which is the same Maintetenance, by Priso●, it is not good to say it is the same maintenance, for this is no Maintenance, for every stranger may pray the Attorney, for it is the part of an Attorney to attend to that, and for that it is no Maintenance, 32 H. 6. f. 29. It is justifiable to speak to a Lawyer for him, that he cannot speak English, and by Laken, Master may pay money of his Servants Wages to the Counsel, by the consent of his Servant, but a Bail cannot pray a man learned in the Law, to be of Counsel, but may come and see if his appearance be recorded, and it seems that the Father may give of his own money for his Son and Heir, for he is bound to find him, contrary of another Cozine, 34 H. 6. fol. 27. B. If one be retained to ride to London, and when he comes there to maintain him, this is not instifiable, but it seems otherwise, if he were hired for the journey, that is justifiable, and the same of a Servant, 39 H. 6. fol. 6.19 H. 6. fol. 31. Where one hath property in the thing demanded, he may maintain by Moil, as goods or writings are delivered to J.S. and Detinue is brought against him by a stranger, the Deliverer may maintain, and in Precipe quod reddat, or Ass. against a Farmer the Lessor may maintain, 39 H. 6. f. 21. See 9 H. 6. f. 64 the same. Where one hath Rend out of Land in Fee, and hath the Writings granted unto him by R. the Grantee may maintain R. in Detinue of writings of the same Rent, and it seems that a Master may maintain his Servant, and a man may maintain his blood, and his kindred, and give money to the poor, and that Maintenance is justifiable, and he in Reversion may maintain his Tenant for life, after Attournment, and not before, and this is seen in giving his own proper money, 9 H. 6. f. 64. See 14 H. 7. f. 2. by Reade. In attaint, it seems that one may aid and maintain his Cousin in aiding and councelling him at the bar, 12 H. 6. f. 2. R. Maintenance in Assize of Fresh force, Defendant Justifies for that he was of his alliance, and shows how cousin, and it seemed good, by which the plaintiff saith that he promised ten shillings piece to two of the Jury to pass for him, 20 H. 6. f. 1.21 H. 6. f. 19 By Paston a man may maintain his Kin and his Allies. Maintenance, Defendant justify, that the party was his Chaplain ●etained with him, and he gave him notice who he should have of his Council, which is the same maintenance, and it seems that is no maintenance: And for that the Defendant saith, that he was at the Bar to aid him, and that is a good Justification to say that is the same maintenance, 19 H. 6, f, 30. In maintenance, Defendant cannot plead not-guilty, but he ought to answer to the point of the Writ, that is to say, he did not maintain, ready to Justify, and others to the contrary, 8 H. 6. fol. 36. But by 2 Ed. 4, fol. 16, In maintenance not guilty, is pleaded and allowed. By Choke, if my Brother or Cousin hath a Suit in the Law and prays me to aid him to learned council, and I pray a man to be of his Council, this is a good Plea in maintenance, contrary if a stranger do it, but if he gives his own Money for his Brother or Cousin, this is special maintenance, 9 Ed. 4. fall. 34. In action upon the Statute of Laborers. Where Tenant in tail or for life is impleaded, he in remainder or Reversion may maintain, and give of his proper Money for safeguard of his Interest, for he which hath Interest in the land may maintain to save that, 1 Ed. 6. tit. 53. Maintenance. It is held a difference between action real, where land may come to him, and an action personal, for he to whom lands may come as by Remainder, Reversion, Descent, and such like, may maintain in action real. And by Brian, a man may show to another, who is a man learned in the law for the party to retain, but he may not give Money to the Counsellor, and one Neighbour may go with another to seek Council, and a man may maintain his Servan● and give of his wages behind, and otherwise not to give Money, but he may lend to him or another Money, and and that is no maintenance, but he in Reversion or Remainder, may give money where the land is in question. And the Servant may maintain his Master, as to go and labour for him, but he cannot give of his proper money for him: And so it seems that he who hath married the Daughter of one party, may maintain him in an action Real, but not in an Action personal, 19 Ed. 4. fol. 3. Br. Upon the Statute of, 32 H. 8. chap. 9 That a man shall not buy land, unless the Seller hath been in possession by a year before, it was agreed in Sergeant's Inn, that if a man Mortgage his Land, and redeem it, and he sells it within a year after the redemption, that he may do it without danger of the Statute; for the Statute is to be intended of pretenced title, and not of a clear title. And the ancient Statutes are that none shall maintain, yet one may maintain his Cousin, as above, for they are to be intended of unlawful maintenance, that is, that unlawfully one cannot maintain, 6 Ed. 6. tit. 38. maintenance. One skilled in the Law may give evidence for his Fee to the Jury, and 'tis no Imbracery: But is Imbracery in another, unless he be sworn, 6 Ed. 4. f. 5. If Praecipe be brought against me, and hanging that I infeoff J.S. and the Demandant recovers by default after default, and I bring Writ of deceit, it seems J.S. cannot maintain, for that, that the possession which he hath is Champerty and against the Law, 8 Ed. 4. fol. 13. Maintenance, the Defendant justifies that he is his Neighbour, and knew no man skilled in the Law, and he informed him of one, and a good Justification, by which the Plaintiff shown special maintenance that is giving Money to the Jurors, 12 Edw. 4. fol. 14. See 19 Edw. 4. fol. 3 Maintenance, the Defendant may plead that he was a Juror, and that is good, without saying that he gave Verdict, but if after Verdict given, the Juror prays Judgement, this is maintenance, 18 Ed. 4. fol. 2. If a Juror give Money to his Companion to pass, this is maintenance notwithstanding that it be for truth: But to persuade him to pass, is no maintenance, 17 Edw. 4. fol. 5. One may be bail, and that is no maintenance, so that he do not meddle more in the matter, 18 Ed 4. fol. 13. Trespass of digging land, the Defendant justifies, for that that the place where, is their Churchyard, and that the Inhabitants have used there to be buried, and for making grave there justifies, and field, that all the Inhabitants may maintain in this action, though they were not parties, 18 Ed. 4. fol. 2. See before, 15 H. 7. fol. 2. That every one that hath lawful interest may maintain. Maintenance, supposing that the Defendant maintained A. in Assize: The Defendant saith that A. held of him by which he came with him to the Assize, & stayed with him, prayed the Sheriff to make an indifferent panel, which is the same maintenance, and it is a good Plea, 11 H. 6. f. 39 General Attorney which sues, and is not skilled in the Law, may well meddle, but he cannot proffer Money to a Jury, but may pray them to appear, 34 H. 6. fol. 27. By Choke. Maintenance, he cannot justify for that, that he was an Attorney retained with him, and that by commandment of his Master he retained Council, and gave to them forty pence of his Master's Money, and good Inquire if an Attorney cannot retain Council without the commandment of his Client, and if he may not disburse of his proper Moneys for the time: But Attorney cannot give of his proper Money, nor of his Master's money to Jurors. 36 H. 6. fol. 29.11 H. 6. fol. 13. the same. Maintenance, the Defendant saith that he was an Attorney in the action Judgement if action, and good. But he cannot give any thing to the Jury but as an Attorney, and give Evidence to the Jury for his Client he may, 13 H. 4. f. 19 If a man maintain a quarrel by his Attorney, action of maintenance lies against the Master, 22 H. 6. f. 24. And by Newton, If a man of great power in the Country, will say in the presence of the people, that he will spend twenty pound for one party, or will give twenty pound to labour for the party, though he give nothing, is maintenance, see before, 9 H. 7. fol. 18. Maintenance against a Servant of one by Fortescue, if he meance Jurors to out them of their Tenors, if they do not pa●e with his Master, this is special Maintenance in the Servant, 19 H. 6. f. 30. A man skilled in Law may do his endeavour for his Client, and it is no maintenance, if the Plaintiff cannot allege other special matter forbidden by the Law, 8 H. 4. f. 6. B. Embraceor, is he which comes to the Bar with the party, and speaks in the matter, or is there to overlook the Jury, or to put them in fear: but men skilled in Law may speak in the Cause, for their Money, but they cannot labour the Jury; and if they take money to do that, they are Embraceors. Fitzh. f. 71. A. Tenors and Services. It is expedient to know the Services and Tenors which your Tenants shall do: and first, of the Tenure in chief, and other Tenors of the King, and then of other Lords. FIrst, Tenure in chief is called, where one holds of the King merely as of his Crown, which is a Signiory engross, for that it is held of him which is always King, and not of the King as of his Manor of D. etc. Fuzh. 3. D. If any Land be held of the King, as of the Honour, Castle, or Manor, such Lands are not held of the King in chief, and this is proved by the Writ of Right, which shall be directed in such a Case to the Bailiffs of the Honour, Castle, or Manor. Also the Statute of Magna Charta, chap. 31. is, if any hold of any Escheat, as of his Honour of Wallingford, Nottingham, Bullo gne, Lanca●●er, and of other Escheats which are in Our hand, and are of Baronies, and dies, his Heir shall not give other relief, nor make to us other Service, than the Barons should make, if that Barony were in the hands of the Baron, and we in the same manner will hold it as the Baron held it. 1 Ed. 6. chap. 4. also is, that where a King hath, or after shall have any Dukedoms, Baronies, Castles, Manors, Land, Tenements, Fees, or Signiories, by Attainder, Conviction, Outlary, or by Dissolution of Monasteries, which Lands held of them by Knight's Service, Socage, or otherwise, shall not be construed to hold in chief, nor as Tenure in chief. See in Br. Tit. Tenors, 100 Littleton, fol. 31. Tenure of the King in Burgages is, where an ancient Town is, of which the King is Lord, and those which have Tenements within the Borough, hold of the King their Tenements, that every Tenant by his Tenure ought to pay to the King a certain Rent by the year, and such Tenure is but Tenure in Socage. Fitzh. 6. D. Lands and Tenements within Cities and Towns are held of the King in Burgages Tenure, and it behoveth that a Writ of Right Patent of them shall be directed to Mayors, Sheriffs, and Bailiffs, as Bailiffs, and Officers of the King, as if Lands were held of the King, as of any Honour, Castle, or Manor, by which it appears, Tenure in Burgages is Socage Tenure, and not Socage in chief: Fitzh. fol. 1. J. the same. Stamford, 13. If one hold of the King in Burgages, the King shall not have (first Seisin) but otherwise it is where he holds of the King by Knight's Service in chief, or by Socage in chief, for the Statute of the King's Prerogative, chap. 3. is, the King shall have the first Seisin after the Death of them, which of him held in chief, of all Lands, and Tenements of which they were seized in their Demesn, as of Fee, whatsoever age their Heirs were of, and that is taken as well of Socage in chief, as otherwise in chief. 7 H. 6. fol. 3. The King shall have first Seisin, where his Tenant dies seized in his Demesne as of Reversion. 47 Ed. 3. fol. 21. If the King purchase Lands which is held of others, by this all the Services are extinguished, and if he infcoff others to hold of him, he shall hold of his Crown in chief, by Finchden: and also when an Honour is seized into the King's hands, and a Manor is held of that Honour, which escheats unto him, as of common Escheat, if he alien to hold of him, he shall hold as he held before of the Honour, and by the same Services; but if he come in as by Forfeiture, by War, or Escheat, which is because of his own person, and he seize, and infeoff others, they shall hold in chief, if the King do not express other Tenure. 33 H. 6 fol 7. By Prisot, if the King seize Land by Forfeiture of Treason, and grant that over, to hold of the chief Lord, by the Service due, etc. that in this case he shall hold of the chief Lord, as it hath been adjudged. 44 Ed. 3. f. 45. The King gives Lands to one, to hold to him and his Heirs, by the Services due, etc. and by all the Justices, that is Tenure by Knight's Service. 11 H. 4. fol. 71. It was recorded in the Exchequer, that such a one holdeth so much Land of our Lord the King by Serjeanty, to find one Man for the War wheresoever within the four Seas: and by Hank, it is great Serieanty, to be made by the Body of a Man. 13 H. 7. fol. 16. If one hold of the Duchy of Cornwall, it is in chief, for it was ancient Lands of the Crown. Fitzh. 165. A. To hold Land to pay certain Rent to the Keeper of the Castle of Dover, is a Tenure in chief. See Littleton, 23. See 5 Ed. 4. f. 127. 19 R. 2. Tit. 185. Guard. F. Keeper of a Castle in England is Knight's Service, for it countervailes Escuage, and is of the same nature. 8 H. 7. fol. 12. If I hold of the King, and he grants the same Service to me, yet I shall hold of the King, for all is held of the King mediately or immediately. Magna Charta, chap. 20. See there for keeping of a Castle. 38 H. 8. Tit. 60. B. Livery, where the Heir was in Ward to the King, and come to full age, there he shall sue Livery out of the King's hands: and the first Seisin is, where the Heir is of full age, at time of the Death of his Ancestor, and where his Tenant holds in Socage in chief, and dies. 10 H. 7. f. 23. If one hold of the King to enclose a Park, he may by his Grant after reserve for that six Marks; and the King is not bound by the Statute of Westminster the third. It is held 21 Ed. 3. fol. 41. The King gives the honour of Barkhamsted to the Prince, and his Heirs Kings of England; and so it seems, that Lands held of that Honour, seems to be held in chief, yet Magna Charta is, that Honour is not properly in chief. 26 H. 8. fol. 10. By Fitzh. Lands in the County Palatine of Lancaster held of the Duchy, the King there hath kingly Rights, and there Livery shall be sued. 17 H. 8. fol. 31. Tenant of the King in chief, makes a Gift in Tail without licence, the King may choose the Donee or Donor for his Tenant. And if Tenant of the King before the Statute of We m. 3. make a Feoffment, the King may choose the Feoffee or Feoffor for his Tenant, 4 H. 6. f. 19 33 H. 8 Tit. 94. B. in the Exchequer, 3 Ed. 3. Rot. 2. It was found that a man held of the King in chief, as of his Honour of Raleigh, and it was taken no Tenure in chief, but a Tenure of an Honour, otherwise it is if the Honour be annexed to the Crown, for then the Honour is in chief. And in the year 11 H. 7. The Honour of Raleigh was annexed to the Crown, and so it is in chief. But where the King gives Lands to be held of him by Fealty, and two pence for all Services, that is Socage in chief, for it is of the King's person, and contrary if it were to be held of the Manor of B. 24 Ed. 3. Tit. 19 He which holds of the King by Service to find a Man to serve in the War, by forty Days at his own Charge, this is great Serjeanty Tit. 69. Br. That a Tenure to find one Horse, and such like, is but small Serjeanty, for it is not corporal Service. 44 Ed. 3. f. 45. The King gives the Fee-farm of a Town, that is, such a Rent, to be held for term of life, and after confirms to him, and to his Heirs, to be held by the Services due, and this is held Knights Service of the King, for the most high, and better shall be taken for the King: and by Fitzh. 263. B. it appears, that Rent may be held of the King by Knight's Service in chief as well as Land, etc. 10 H. 6. f. 12. Rend lies in Tenure of the King. 14 H. 6. f. 12. If the King grant Land to me in Fee, to be held as freely as the King is in his Crown, yet I shall hold of the King, and if I alien without licence, I shall make Fine, for this is vested in the King by his Prerogative, and shall not pass out of his Person by general words; by Paston in the end of the Case. 45 Ed. 3. fol. 6. By Finchden, if my Tenant infeoff the King, and takes back of the King, to hold of the King, yet he is my Tenant in right, and shall hold of the King also. But inquire of the Tenure of me, for the Tenure was once extinct, by the King's Possession. 29 H. 8. Tit. 61. B. If the King purchase a Manor which J. S. holds, the Tenant shall hold as he held before, and he shall not render Livery, nor first Seisin, and he shall not hold in chief: and it is said, if the King grant the Manor to W. N. in Fee, except the Services of J.S. Now J.S. holds of the King as of the Person of the King, and yet he doth not hold in chief, but as he held before; for the act of the King shall not prejudice the Tenant. 31 H. 8. Tit. 70. B. Lord and Tenant, the Tenant is attaint of Treason by Act of Parliament, and so forfeits all his Lands, and after is pardoned, and restored by another Act of Parliament, to have to him and his Heirs, as if no such Attainder or former Act had been; now he shall hold of a common person as before, and yet once the Tenure was extinct. 3 H. 3. Tit. 94. B. Where the King gives Lands to be held of him by Fealty, and twelve pence for all Services, this is Socage in chief, for it is of the King's person. 23 H. 3. Tit. 148. Guard. F. If a man holds of the King to go with him in the Army against Scotland, in the Vanguard, and in his Return in the Rearward: and so if he hold to give to the King Hornegild, which is said Cornage, it is great Serjeanty. 38 H. 8. Tit. Livery 60. The Heir of him which holds of the King in chief in Socage, shall not pay first Seisin to the King, for all his Lands, but only for those Lands held in Socage in chief, contrary of him which holds in Knight's Service in chief, and where he holds in Socage in chief, the other Lord shall have, (Ouster le main) with Issues. 2 Ed. 4. fol. 6. Land is given in Tail, to be held of the chief Lords, these words to be held, etc. are void, and he shall hold of the Giver. Where there is Lord and Tenant, if the Tenant be disseised, and the Disseisor dieth seized, and his Heir is in by Descent, the Lord ought to advow upon him: but if there be Lord and Tenant, and the Tenant infcoffs another, which doth not give notice to the Lord, now the Lord during the life of the Feoffor, may take him for his Tenant, or the Feoffee at his pleasure, 4 H. 6. f. 19 3. Book of Assize, 8. Lands is given in Tail, without saying of whom to hold, the Donee shall hold of the Giver; and if a man before the Statute of Quia Emptores, give in Fee, without saying of whom to hold, the Feoffee shall hold of the Feoffor; Littleton, f. 5. 16 Ed. 3. Statham, fol. 23. If Lands be given in Tail, to be held of the Lord, this (to be held) is void, and the Lord ought to avow upon the Feoffor. 5 H. 7. fol. 35. Mesnalty lies in Tenure by a Mesne, contrary of an Advowson appendent, 1 H. 4. f. 1. the same. 33 H. 6. f. 34. Was the opinion, that Advowson may lie in Tenure, as where a Manor and Advowson are held, the Advowson is made in gross, and the Advowson is held for itself. 21 Ed. 3. f. 3. It seems that an Advowson lieth in Tenure, 24 Ed. 3. Tit. 18. 14 H. 7. fol. 26. & 15 H. 7. fol. 8. the same. 32 Ed. 3. Tit. 75. Br. A fishing doth not lie in Tenure, for the Soil may be to one, and the fishing to another. 11 H. 4. fol. 80. It seems by Hill, that Rent cannot be held of a common person, 10 H. 6. f. 12. Rend lieth in Tenure of the King, 10. Book of Assize, 24. 1 H. 6. f. 21. Fitzh. 263. B. 13 H. 6. f. 12. 40 Ed. 3. fol. 44. Fishing lies in Tenure, and yet it is a profit in another's Soil, 8. Book of Assize, 7. Office may be held in chief. 42 Ed. 3. fol. 7. Advowson, may hold, 43 Ed. 3. fol. 15. the same. 14 H. 4. fol. 3. Where a Deed is to hold by Homage, Fealty, Escuage, and Rent, for all Services, the Lord shall not have Suit of Court. 20 H. 7. fol. 10. He might before the Statute infeoff one to hold of him, and after the Statute if he infeoff him of part, he shall hold for that part, 10 H. 7. fol. 10. the same. 5 H. 7. f. 11. By Fairefax, Termor for years shall make Fealty to his Lessor, Littleton, 25. 9 H. 6. f. 43. the same. 10. Book of Ass. 29. Lord, Mesne, and Tenant, the Tenant holds of the Mesne by three pence, and the Mesne over of the Lord by four pence, the Mesne dies without Heir, the Lord shall have the three pence, for the Signiory is extinct in the Mesnalty, so that he shall only have the Services which the Mesne should have had, and also the Services which the Mesne paid to the Lord; but it is said otherwise upon forejudging, for there the ancient Signiory remains, for this wills the Statute. Littleton, 41. Lord, Mesne, and Tenant, and the Tenant holds of the Mesne by the Service of five shillings, and the Mesne holds over by the Service of twelve pence; the Lord Paramount purchases the Tenancy in Fee, than the Services of the Mesnalty are extinct; but for that that when the Lord Paramount hath the tenancy, he holds of his Lord next Paramount, and for that the Signiory of the Mesnalty is extinct, but for that that the tenant holds by 5. shillings of the Mesne, and the Mesne holds but by twelve pence, the Lord shall have the four shillings of the Mesne as Rend ●e●k, 2 E. 2. fol. tit. Exting. 6. F. 26 Book of Assizes 66. A man may hold by homage, and yet not Knights Service but in Socage. Littleton 22. Where a man holds by homage and fealfor all manner of Services it is Socage, for homage by itself doth not make Knights Service. 26 Book of Assizes 66. The King, Lord, Mesne, and Tenant, the Tenant holds of the Mesne by Socage, and the mesne over by Knight's Service, the Tenant gives in Frankmarriage, rendering 12 d. by year, for all services, saving Service abroad, and it seems, that by this word, (saving the Service abroad) the giver shall have only such Services, by which he himself is charged over. 31 Book of Assizes 30. When a man gives Lands in fee before the Statute to be held by two pence, saving the service abroad, yet he shall hold by Knight service, by Thorpe. See, 31 Book of Assizes 15. Fitzh. 8. A. If the Husband infeoff J. S. and die, and after the Wife is endowed, she shall hold this Dower of the Feoffee by Fealty, 33 Ed. 3. Statham fol. 75. Where the woman is endowed by the Guardian, she shall be Attendant to the Guardian, and at full age to the heir. 3 E. 3. tit. 84. B. A woman tenant in Dower shall hold of the Heir for parcel, and he shall make Avowry for that portion. 34 Book of Ass. 15. Where Tenant in tail dies without Issue, and his wife is endowed, and the Donor enters, she shall hold by the third part of the services, for this is the act of God, and the Law: The same Law is where there is Lord and Tenant, and the Tenant dies without Heir; and the Lord enters for Escheat, and the wife of the Tenant recovers Dower, and hath Execution, she shall hold by the 3d part of the services, contrary where the Lord purchaseth the tenancy in fee, and she is endowed she shall render nothing to the Lord, for this is his own act. 24 H. 8. tit. 53. If a man before the Statute of, Quia emptores terrarum, had made a gift of land to one in fee, for repairing a Bridge, or for keeping sucha Castle, or for marrying yearly a poor Virgin of S. this is a Tenure, and the Donor may distrain and make avowrie and not condition: but if a woman give lands to a man to marry her, this is a condition in effect and no Tenure. 9 H. 3. fol. 72. Lands in gavelkind are held in Socage, and not in Knight's Service, Fitzh. 13. D. Lands which are held in ancient Demesne are Socage. 13 R. 2. tit. 76. A man gives land to hold by ten shillings for all Services; Exactions, Customs, and Demands. And yet the Tenant was constrained to pay relief, for that is incident, as well to Socage, as to Knight's Service. 29 H. 8. tit. 64. A man makes a Feostment of the half of his Land, the Feoffee shall hold of his Lord by the whole Services, that the whole land was held before, for the Statute to hold for that particular, doth not hold place here, for moiety is not a particular, as of one Acre or two Acres in certain, but count of the third part, which goes throughout, and every where. And if a man holds two Acres by a hawk, and makes a Feoffment in Fee, of one Acre the Feoffee shall hold that by a hawk and the Feoffor shall hold the other Acre by another hawk, Westm. 3. fol. 85. It is lawful for any man to sell, so that the Feoffee hold of the chief Lord for that part according to the quantity of the land; that is, the value of the land so sold, etc. Littleton 41. If one holds his land of the Lord by the Service, to render to his Lord yearly at such a feast a Horse, or a Ring of Gold, or a clove, if in such case the Lord purchase parcel of the land, such service is gone, for such service cannot be severed nor aportioned, but if the tenant hold by homage, Fealty and Rent, and the Lord purchase parcel of the land, the Rent shall be apportioned, but the Homage and Fealty shall continue entire to the Lord. 8 H. 7. fol. 14. It is impossible that any Land should be and not held of the King, either mediately or immediately and for that the King cannot release to his Tenant all his Services. 10 H. 7. fol. 10. If the Tenant which holds two Acres by twenty pence, makes a Feoffment of parcel, the Lord may distrain in this parcel so aliened, and also in this part which remains in the possession of the Tenant 11 H. 7. fol. 12. Feosment before the Statute, or a gift in tail to make a thing to himself, or to another for common wealth, is good, as to make a Beacon or a Bridge, but to ride with a stranger is not good. Fitzh. 1. L. To hold of us by free service, to find for us together with his partners, Five ships for our passage at our command for all Services, it seems to be Socage tenure. Fitzherb. 83. C. E. A Writ de. Scutgio habendo, lieth when one holds by Knight's Service, and the King goes in avoyage into the War in his proper person, or his Lieutenant against the Scots, and none shall pay Escuage, but those which hold to go into the War, and not he that holds by Cornage, nor by keeping a Castle, Littleton 18. and Littleton the 19 One may distrain for Escuage, or have a Writ, De scutagio habendo. Fitzh. 135. a. If one hold twenty Acres by twenty shillings of the King, and aliens a parcel, yet the King or his Officer, may distrain one of the Tenants for all, and is not bound by the Statute to distrain for that parcel, but otherwise it is of a common person, for if he distrain one for all, he shall have a Writ to be discharged for a ratable proportion: But in case the king or his Tenant aliens part, the Alienee makes Fine to the king for this Alienation: It seems reasonable, if he be distrained for all the Rent, he shall have a Writ to be disburdened, for a rateable proportion, against the king's Officer which distrains, Westm. 3. That the Feoffee of part, shall hold for that particular part, according to the quantity of the Land so sold, etc. Where by 27 H. 8. chap. 27. It was Enacted, That the king shall have to him and his heirs, all Monasteries of Monks, Channons, and Nuns, which had not Lands, Tenements, Rents, &c, above the value of two hundred pounds: And also all Monasteries which have been granted to the king within a year next before this Statute, by the Abbots or Priors under their Seal, or which have been otherwise suppressed or dissolved; yet in this Act is a saving to the Lords Rents, profits, services, and commodities, as they before have had them: So that of these Monasteries, the Rents and Services of the Lords are not gone by this Act; where such Abbeys hold Land of any Lord, but are saved to them. But By 31 H. 8. chap. 13. The King is vested, deemed, and adjudged, in actual and real Seisin, and possession, as well of the Monasteries dissolved by 27 H. 8. as of all others, and in this statute is a saving to every person, all their Right, Title, Claim, Interest, Possession, Rents, Charge, Annuities, Leases, Offices, Commons, Synods, etc. and other Profits in the Premises, or any part of that, as if this Act had not been made, (Rents services, Rents seck, and all other service, and suits only except) so by this statute, the Rents and services of the Lords are gone. 1 Ed. 6. chap. 14. which gives Chanteries, etc. to the King, in this is a Proviso that every one, which before that Act, lawfully without Covin or fraud, hath any manner of Rent, or any yearly profit to be taken of Chantries, Colleges, free Chappells, and other the Premises in like manner and form as they ought to have, if the Chantries, etc. had been in being, so that the Lords of those shall not lose their Rents. 2 and 3 Ed. 6. Chap. 8. It is enacted, that where by office found, the King is entitled to Lands or Tenements, in which others have Copyhold, Rent, common Office, Fee, or other Profit to take, for life, or for years, not found in the same, that they shall enjoy the same Interest by Copy, Rent, common Office, Fee, or other Profits to be taken, as if the same had been found by Office, and provides that if one be found within age, or of less age than he is, that at his full age, or after, he may have (Aetate probanda) or sue Livery, or (Ou●ter le main) as his Case lies, and provides that where it is falsely found by Office, that any Attaint of Treason, or Felony, is seized of any Lands, or Tenements, whereof another hath just Title, or Interest of an Estate of Freehold, that he shall have Traverse, or Monstrans of Right to the same, without being put to his Petition. And provides where it is found, of what man or of whom the Tenements are held, the Jury is altogether ignorant, it shall not be taken for a Tenure in Chief, but there shall be a better Inquiry awarded. 37. H. 8. Chap. 20. It is enacted, that where by 35 H. 8. chap. 14. Houses, not being Princely houses of the King, having Lands not above forty shillings, that is, were granted by the King, and Tenure by Fealty to the King, and not in Chief, is Socage, and that extends to all Letters Patents, made within five years after the Statute. Littleton, fol. 23. If a man hold his Land, by paying certain Rent to his Lord for keeping a Castle, such Tenure is Tenure in Socage; but where the Tenant ought by himself, or by other make the keeping of a Castle, such Tenure is Tenure by Knight's Service, so by Littleton, Escuage to go of a voyage Royal, etc. and to keep a Castle, or the door thereof, etc. and to hold by Cornage, that is, to hold, to make Service by the body of a man, these are Knights Service, and to hold to pay Rend is Socage, for payment by him is Socage. View. Where one shall have View of Land in a Writ, or Plaint in nature of a Writ of Land, and where not. THe View is not to be granted, but where it is necessary, and if any Writ abate, by a dilatory exception after the View, as by non-tenure, ill naming the Town, or such like, he shall not have the View in the second Writ which issueth, also in a Writ of Dower where her Husband hath aliened to the Tenant, or his Ancestors, although the Husband died not seized, the Tenant shall not have the View, and also in a (dum suit infra aetatem) (not of a right mind) and such like, the View shall not be granted, West. 2. Chap. 48. 1 H. 5. fol. 11. upon the Resummons of Dower, the Tenant demanded the View, the Demandant saith, her Husband died seized, by which Judgement, and prayed that he be outed, and he was outed by a Ward, 5 H. 5. f. 4.9 H. 5. fol. 4. f. 9 9 Ed. 4. fol. 6. Dower, the Tenant demands the View, and held where the Husband aliens, the View is outed by the Statute. 2 H. 4. fol. 2. Dower, the Tenant hath the View, notwithstanding that he disseised the Husband, See 7 Ed. 4. fol. 19 11 H. 4. fol. 38. Dower, the Husband did not die seized, and this was the Counterplea to out him of the View, 5 H. 5. fol. 4.9 H. 4. f. 9 44 Ed. 3. fol. 31. Dower of Rent, for that, that the Husband was seized of Land, he was outed of the View by statute. 21 Ed. 4. fol. 26. Dower, where the Husband dies seized, and in Assize where Jurors have the View, and where the Tenant takes knowledge of the Land in Demand, as in action against two: One saith, that he is Tenant of all, in these Cases he shall have no View. 33 H. 6. f. 57 Dower of Lands in divers Towns, and to parcel the Tenant pleads Bar, and demands the View in one Town, and shall not have it, for that, that he hath notice of parcel. 9 H. 6. f. 65. Wast, if six of the Jurors have not the View, the Inquest shall not be taken, 9 Ed. 4. fol. 1. In Waste and Assize, the Jury shall have the View. 21 Ed. 4. f. 26. 3 H. 4. f. 16. In Attaint upon verdict of Assize, the Jurors shall not have View, for in this Writ it is not, (let them see the Land) and yet in Assize, and Certificate in Assize, the Jurors shall have the View, 7 Ed. 4 f. 1. 22 H. 6. fol. 27. Entry in two Acres, and the Tenant pleads in Bar to one, and demands the View of the other, and shall not have it, for he hath taken notice of parcel, and intended of all, 2 H. 4. f. 26. 7 H. 4. f. 9 Defendant shall not have View in an Action upon the Case, for that, that it is personal, 7 H. 4. f. 32. the same, 46 Ed. 3. fol. 27.29 Ed. 3. fol. 43. the same. 3 H. 6. fol. 34. The statute is, for ill naming the Town, by non-tenure, and such like, if the Writ abate after the View, he shall not have the View, in the second Writ, and yet said, that if the first Writ abate for false Latin, that he shall not have View in the second Writ, but where the first Writ abates for form, as where the name of the Wife was put in the Writ, before the name of the Husband, he shall have View in the second Writ, for that vests the fault in the Party. 10 H. 4. fol. 6. Praecipe, The Tenant hath View in the second Writ, where the first was discontinued after the View. 12 H. 4. fol. 4. Precepe against two, where one dies after the View, and the Writ abates, yet in the second Writ against him which is alive, he shall have View. 12 H. 4. fol. 11. Where the first Writ abates for false Latin, and by Thirne hath the View in the second Writ, Seek. 13 H. 4. fol. 8. He hath the View in the second Writ: where the first was abated by excepion of the Tenant. 13 H. 4. f. 14 The Tenant hath the View in the second of Writ of 6 Acres, where he had the View in the first Writ of 6 Acres, abate, 42 Ed. 3. fol. 23. Praecipe, where after the View, the first Writ abates by death, and in the new by miscounts, he shall not have View, 43 Ed. 3. fol. 35. 42 Ed. 3. f. 33. Praecipe abates by false Latin, and in a new by miscounts, he shall not have the View, 7 H. 6. f. 36. the same, 46 Ed. 3. fol. 16. In a Writ of Besayle, he shall not have the View, where he had View before in a Writ of Cozenage, which was misconceived before of the same Land, and for that abates. 46 Ed. 3. fol. 34. In a dum fuit infra Aetatem, the Tenant shall not have the View where a dismission was made to the Tenant by his Ancestor. 48 Ed. 3. fol. 31. In a dum fuit infra Aetatem, the Tenant shall not have the View, for he is out by the statute. 29 Ed. 3. fol. 39 In dum fuit infra Aetatem, in the per and cui, the Tenant shall have the View, otherwise, where it is in the per only, for he is there outed by the statute. 22. Ed. 3. fol. 9 Praecipe, The tenant hath the View, and after the Demandant was nonsuited, and after brought another Writ, and the tenant demands another time the View, and had it. 24 Ed. 3. fol. 48 Praecipe, the tenant abated that by waging of Law, of not summoned, and yet in another brought freshly, he shall have the View, but he had not that in the first. 38 Ed. 3. fol. 1. Praecipe, Against Husband and Wife, they have the View, and the Husband dies, and in a new Writ freshly brought, the Wife demanded the View, and was outed, for it is not necessary, 29 Ed. 3. fol. 22. 38 Ed. 3. fol. 41. Where the first Writ abates by no such Town where he had the View, and yet in the second Writ, he shall have the View. 30 H. 7. f. 8. (Cui in vita) the first Writ abates after the View, for that he did not show of whose Demise he claimed in the second Writ, he was outed by Fineux, and Davers, and by Vavisor, said, he shall have the View in the second, if the first were not abated for any cause which comes upon the View, unless it were by death abated. 41 Ed. 3. fol. 8. Quod ei deforceat, The Defendant shall not have View, for he is outed by the statute, 41 Ed. 3. fol. 30. the same, 44 Ed. 3. fol. 42. the same. 41 Ed. 3. fol. 8. Quod ei deforceat, The Defendant shall not have the View, for he is outed by the statute, 41 Ed. 3. fol. 30. the same, 44 Ed. 3. fol. 42. the same. 41 Ed. 3. f. 22. Assize of Nuisance, the Defendant shall have the View. 46 Ed. 3. f. 27. Curia claudenda, the Tenant shall have the View. 48 Ed. 3. f. 4. Gessavit, the Tenant shall have the View, where it is of his own ceasing, where he is Tenant of the Land, and not Tenant to the Lord, for he is as a stranger. 2 H. 4. fol. 6. Cessavit, of the Seisin of his Father, and of his own ceasing, he shall not have View, for that it is of his own wrong, 7 H. 4. f. 16. the same, 2 H. 4. f. 14. 37 H. 6. fol. 28. Cessavit, where it is of his own ceasing, he shall not have the View, 4 H. 6. fol. 29. the same. 7 H. 6. fol. 47. Entry upon disseisin of Rent, the Tenant hath View of the Land, out of which the Rent is issuing. 8 H. 6. fol. 66. the same. 35 H. 6. fol. 70. Entry in the quibus of a Manor, said, that the Tenant shall not have the View, for he is in by wrong, 28 H. 6. fol 1. the same. 3 H. 4. fol. 16. Assize, Jurors have the View, but the Tenant shall not have the View. 6 Ed. 4. fol. 1. Quod permittat, the Tenant shall have the View, though it be in Debet & solet, which is of possession, and not of Right, 30 Ed. 3. fol. 4. 2 H. 4. fol. 14. Quod permittat, of turning water, View was demanded in this Writ, and he had it. 8 H. 6. f. 75 Admeasurement of Pasture, he shall have the View of the Land out of which, etc. but not in personal Action, not in Waste, where Jurors have the View; 9 H. 6. f. 41 the same. 3 H. 4. f. 10 Dower of Rent, the Tenant hath the View of the Land out of which it is issuing, and said, that he shall have it, though the Husband died seized of the Rent: but see 44 E. 3. f. 31 if the Husband die seized of the Land, she shall not have the View. 22 H. 6. fol. 12 Assize of Profits of an Office, the place where he holds his Office shall be put in View. 13 H. 7. f. 10 Cui in vita, the Tenant shall have View, and yet the Statute is, if a Dismission be made to the Tenant, and not to his Ancestor, the View is not to be granted, but she claims from her Husband, and not by the Demandant or his Ancestor. Pleas after the View in Abatement. FOrmedon, one cannot plead in Abatement after the View, unless it be a thing which cometh upon the View, but where it appears to the Court that it wants form, or is false Latin, the Court, Ex officio, will abate it, 41 Ed. 3. f. 29.40 Ed. 3. f. 35. 44 Ed. 3. f. 14. Formedon of a House, and in the perclose of the Writ there is a House and Meadow, and after View the Tenant cannot show that in Abatement, for that it is but a Surplusage. 49 Ed. 3. f. 20. Formedon, after View the Tenant cannot plead in Abatement, that any of the Degrees were omitted, for it is not apparent to the Court. 50 Ed. 3. f. 9 Formedon, the Tenant may plead ancient Demesne, after the View, for it may be that parcel in the Town is ancient Demesne, and parcel frank fee, and that cometh upon the View to know that. 11 H. 4. fol. 70. Formedon, where is matter apparent in a Writ to abate that, he may plead that after the View. 7 H. 6. fol. 39 After the View one cannot plead no such Town, but he may say, that the Tenements are in another County, for that cometh upon the View, but after the View he cannot plead to the Jurisdiction, yet he may plead that they are in C. and that they are impleadable there, and demand Judgement of the Writ, and not Judgement if the Court will acknowledge. 19 H. 6. fol. 10. Dower, of a in D. & S. after View one cannot plead no such Town of D. for he is estopped of that, for that he hath knowledge of the Town before the View, but he may plead Joint-tenancy, and non-tenure, which comes upon the View. 5 H. 7. f. 8. If the View be denied where it is grantable, it is Error, otherwise it is if it be granted, where it is not grantable, 8 H. 7. f. 11. the same. 36 H. 6. fol. 17. Right of Advowson, the Defendant demands the View, for that there are two Churches in the same Town, and to out him of the View, Plaintiff saith, that there is but one Church there, Ready, etc. 3 H. 6. fol. 57 Dower by Husband and Wife, the Tenant pleads that the Wife is an Alien, born in Portugal out of the Allegiance of the king: Judgement if he shall be answered: the Plaintiff saith, that by Parliament she was made personable: and now the Tenant demands the View, and had it, for though his Plea before was as a Bar, he pleaded that as to the Person, and not to the Action; and for that shall have the View, otherwise it is if he had pleaded a Barr. 14 H. 6. fol. 8. Praecipe against two, where one acknowledgeth the Action, the other shall not have view. 26 H. 8. f. 2. Praecipe, against two, one imparles, and the other hath the View, by Fitzh. The third Part of this Book, chiefly for Pleading. Abatement. Something of Plead, for the Instruction of the Steward, shall be said here following. Trespass upon the Statute of Richard, the Defendant saith, that J. F. let to him, and the Plaintiff made Title, and that J. F. abated, and let to the Defendant, the Defendant maintains his Bar, and traverses the Abatement, and that is not good, for Issue shall not be upon the Abatement, 3 H. 7. f. 7. & 18 Ed. 4. f. 1. Entry upon Disseisin, Issue cannot be taken upon Abatement: the same Law is of Intrusion, 14 H. 6. f. 6. Issue shall be upon the Affirmative and Negative, and not upon Plea by Argument, but upon traverse the Affirmative. COnspiracy, he is alive, without that, that he is dead, 7 H. 7. f. 6.14 H. 6. f. 9.19 H. 6. f. 4. & 35 H. 6. f. 60. Trespass, the Defendant justifies for Fealty not made; the Plaintiff saith, it was not unmade, and good, 9 H. 7. fol. 12. Debt against J. S. of D. the Defendant saith, that he is dwelling at S. and shall say, and not at D. in the Negative, 4 H. 6. fol. 4. 2 Ed. 4. fol. 1.4 Ed. 4. fol. 44. & 10 Ed. 4. fol. 12. Trespass, the Defendant saith, that the was to J.S. which let to him at will, the Plaintiff saith, that the was to him, and not to J. S. in the Negative, 11 H. 4. f. 90. Where the Defendant saith, that the Plaintiff is a Bastard; and the Plaintiff saith, he is Legitimate; he shall say, and not a Bastard, 19 H. 6. f. 17 & 11 H. 6. f. 53 Trespass against J. S. of Fenton, the Defendant saith, that he was dwelling at E. and shall say negatively, and not at Fenton, 19 H. 6. f. 1. Action upon the Statute of Laborers, the Defendant saith, that he was in the Service of J. S. and shall say, and not Vagrant in the Negative, 11 H. 6. f. 1. & 52. Action upon the Case, for that he hath a Leet, and Fines and Amerciaments of the same; the Defendant saith, that well and true it is, that the Plaintiff hath a Leet; but he saith, that he hath not the Fines and Amerciaments, and aught to say, without that, that the Plaintiff hath the Fines and Amerci aments, 38 H. 6. f. 16 False Judgement, Issue was, that one saith, that he was dead, and the other saith, that he is alive, 14 H. 6. fol. 9.19 H. 6. f. 4. the same. Where one pleads out of his Fee, the other saith within, without that, that it was out in manner and form, 11 H. 4. fol. 10 Formedon in reverter, and counts of a Gift in Tail, etc. the Defendant saith, that the Donor gave in Fee, and it is not good, for it is but an Answer by Argument, and for that he ought to traverse the Gift in Tail, which is supposed by the Plaintiff, 2 H. 6. f. 15. Scire facias against the Parson of D. of Arrearages of Annuity; the Defendant saith, that before the Writ he resigned to the Bishop of L. and so that remained in his hands: Judgement of the Writ, and it is but a Plea by Argument, that is, that he is not Parson, and for that it is not good without concluding, and so not Parson; 7 E. 4. fol. 16. Assize and Trespass. Diversity between plead in Assize and Trespass, for in Trespass need not make Title under Possession, otherwise in Assize. Trespass, the Defendant ought to convey to him an Estate immediate, and for that, to say, that J. S. was seized, till by J. D. disseised, which enfeoffed the Plaintiff, upon whom J. S. entered, whose Estate he hath, it is not good, but if the Defendant saith, that he was seized till by the Plaintiff disseised, upon whom he entered, it is good, but not in Assize; 5 H. 7. f. 11. Trespass, the Defendant saith, that he was seized till by the Plaintiff disseised, and he entered, and it is good; and he need not to convey to him a Title; and the Plaintiff saith, that he was seized, till by the Defendant disseised, without that, that he disseised the Defendant, for if the Defendant had first Possession, it is good in Trespass; 26 H. 8. f. 6. Trepasse, the Defendant may plead Fine with Proclamation, Judgement if Action, but not rely upon Estoppell; 17 H. 8. f. 27. Trespass, the Defendant pleads his ; the Plaintiff saith, that he was seized in Fee, till disseised by the Defendant, and he re-entered, and the Trespass in the mean time, the Defendant maintains his Bar, without that, that he disseised the Plaintiff, 1 Ed. 4. f. 3. Trespass, the Defendant pleads, Gift in Tail to his Ancestor, and conveys to him by divers Descents, the Plaintiff saith, that he was seized in Fee, and traversed the Gift, and it is good, and need not make Title beyond his Possession, otherwise of Assize; 3 Ed. 4. f. 19 Trespass, to plead a Feoffment of the Plaintiff, it seems to be good; or he may say, that he himself was seized; but in Assize, Feoffment of the Plaintiff is no Plea, for that amounts to no wrong, no Disseisin; 15 Ed. 4. f. 31. & 29. Book of Ass. 24. Trespass, if the Defendant plead that he was enfeoffed, the Plaintiff may traverse the Feoffment without making to him Title, otherwise it is in an Assize; 18 Ed. 4. f. 10.10 Ed. 4. f. 3.27 H. 6. f. 1. & 40 Ed. 3. f. 5. Trespass, the Defendant saith, that H. his Tenant at will enfeoffed the Plaintiff, and he entered; the Plaintiff saith, that J. S. enfeoffed H. and he died seized, and his Issue enfeoffed me; the Defendant cannot traverse the Feoffment but the Descent, otherwise it is in Assize, 10 H. 4. f. 1. Assize, by Littleton, the Tenant may plead, let to him for years, or for life, the Reversion to the Plaintiff, and it is good; and so is it of a Feoffment with Warranty, of the Plaintiff, and rely upon Warranty; 18 Ed. 4. fol. 10. 8 Ed. 2. Tit. Ass. 391. & 18 Ed. 3 f. 13. the same. Assize, the Tenant pleads that the Plaintiff let to him for life, and is good, but a Feoffment of the Plaintiff is not good in Assize, but in Trespass it is good, 6 H. 7. f. 14.27. Book of Ass. 31. the same. & 29. Book of Ass. 24. Trespass at Compton over C. and neither C. it is no Plea in Trespass, but it is good in Assize; 8 H. 6. f. 18. Trespass at D. there are two Dd. within the County, and none without addition, it is no Plea, for the Visne shall be of the Body of the County; 3 Ed. 4. f. 26. and 9 H. 6. Tit. 5. the same. Assize of Lands in Osgodby, the Tenant saith, there are two Osgodbyes within the County, none without addition, and it is no Plea, for the Plaintiff shall recover by view of the Jurors, 5 Book of Assizes 9 and 27 Ed. 3. f. 2 Trespass in Otterton and H. which H. is a Hamlet of Otterton, it is a good Plea in Praecipe, and not in Trespass, where Damages only are recovered; 7 E. 4. f. 18 & 4 E. 4 Tit: Brief 155 & 179. Trespass may be in a Hamlet, but not in a place only known; 11 H. 7 fol. 24 2 R. 3. fol. 1 & 43 E. 3. fol. 30 the same. Precipe, in D. is a good Plea in Abatement, that D. is a Hamlet and not a Town, but otherwise it is in Assize; 8 E. 4. f. 6 Pleas in Barr. Barr is good at the first show, or by common reason and intent, such intent is a Plea, which hath not more vehement presumption then to intent contrary; but if the intent be indifferent, it is not good at the first show by Intendment. FOrmedon in Discender, that he gave not, is good, and yet it may be that he did recover in value, but the most pressing Intendment is to the contrary: but if in Debt, I plead Release bearing Date after the Obligation, it is not good, at the first face, unless he saith, that it was delivered after the Obligation: Ploughed: Com. f: 32 Forging of Deeds, the Defendant saith, that he himself was seized at the time of the Forgery, and it might be by Disseisin, but it shall not be intended, and for that it is good, at the first show; 8 H. 6. f. 34 Trespass, that he entered into a Warren, the Defendant pleads his , and it is good, and yet one may have the Warren, and another the ; 44 E. 3. f. 12 17 E. 4. f. 6 10 H. 7. f. 24 & 34 H. 6. f. 28 Trespass in a several fishing, the Defendant pleads that the place is his , and is good, as above at the first face; 18 H. 6. f. 29 10 H. 7. f. 24 20 H. 6. f. 4 17 E. 4. f. 6 & 18 E. 4. f. 4 Assize of Mortdancester, because his Mother took the habit of Religion, the Defendant saith, that your Mother had a Husband alive when she entered into Religion, and it is not good; for it is indifferent whether he be alive or not, and for that he ought to aver, that the Husband is yet alive; 5 E. 4. f. 3 Trespass of Goods, etc. the Defendant justifies that the property was to J. S. which gave them to him at D. and though he do not say, where the property was in him, it shall be intended at D. and good; 1 E. 5. f. 3 It is said there, though the Bar be good to common intent, yet it shall not be good where parcel of the substance is left out, but where such things are left out, which by special intendment, and not by general intendment, are omitted, the Law shall keep such a bar. Ploughed. Come fol 27. Accounts, the Defendant saith that he hath accounted before the Plaintiff himself, and it is good, yet he doth not say, that he was before Auditors before him, etc. 4 Ed. 4. fol. 6. Trespass, the Defendant pleads, that he to whose use enfeoffed him, and doth not say, if he were out of Prison, and of full age, according to the Statute, and yet being in Bar, it was said, that it shall be so intended, 6. H. 7. fol. 6. Where Count is upon matter of Reords, or of Specialty the Bar shall be so high, and not upon bare matter. DEbt upon arrearages of Annuity, the Defendant saith, that he let the Manor of D. to him in recompense, and it is no Plea, for it is not so high, 19 H. 8. fol. 9 Trespass upon the Statute of Rich. The Defendant pleads in Bar, warranty of the Ancestor of the Plaintiff, and demands Judgement, if against the warranty, etc. and it is no Plea, for Damages is only to berecovered, 10 H. 7. fol. 12. Trespass, the Defendant may plead Fine with Proclamation, Judgement, if Action, but not to rely upon the estoppel, 27 H. 8. fol. 27. 14 H. 4. fol. 27. Debt upon a Lease by Indenture, the Defendant saith that he hath bestowed the Rent upon reparations by commandment of the Plaintiff, and it is not good, for it is not so high. 10 H. 7. fol 4 Debt upon arrearages of a Lease for years, the Defendant pleads agreement, and it is not so high. 1 H. 7. fol. 14. The Defendant cannot avoid specialty by bare matter, as to say the specialty was delivered to him in place of an acquittance, for it is not so high. 10 Ed. 4. fol. 18 Debt upon an Obligation, endorsed with condition, that if the Defendant serve him in all his lawful commands, etc. the Defendant may plead, that he discharged him, and it is good without specialty, for the condition is matter in deed. 18 Ed. 4. fol. 9 If one covenant by Indenture to make me a house before such a day, and he plead, that I discharged him before the day, it is good without specialty, for I cannot come upon his Land after discharge, 19 Ed. 4. fol. 2 the same. 21 H. 6. fol. 36. Trespass of taking his Apprentice, the Defendant saith that the Plaintiff discharged him before the Trespass of taking, and it seems no Plea, for that he is an Apprentice by Indenture, and the discharge without specialty, and to another person. 9 Ed. 4. fol. 57 Annuity, the Defendant pleads levied by distress in another County, and so that he owes him nothing, and it is good, but that he owes him nothing only, is no Plea against specialty. 3 H. 6. fol. 41. Scire facias, upon recovery of arrearages of annuity, Defendant pleads that the Deed of annuity was delivered to him in lieu of an Acquittance, and it is no Plea against a recovery. 11 H. 4. fol. Debt upon arrearages before Auditors, the Defendant pleads that he hath an obligation for the same, and it is no Plea, for it is not so high. 11 H. 7. fol. 13. Waste, Defendant pleads an agreement between him and the Plaintiff, and it is no Plea, for the Inheritance is to be recovered in this writ, and for that it is no Plea. Scire facias, upon a Recognisance to have one here at a certain day to appear, it is no Plea to say, I have been there without showing his appearance of Record, for it is not so high, 7 H. 6. fol. 26. B. Debt upon arrearages of account before Auditors, the the Defendant pleads Abitrement, and it is no Plea against matter of Record before Auditors, 3 H. 6. f. 55. 8 H. 5. f. 3. the same, 10 H. 6. tit. 44. 4 H. 6. fol. 17. and 3 H. 4. f. 7. H. 4. f. 6. adjudged. Debt upon an obligation, the Defendant cannot plead payment, for it is not so high, 1 H. 7. fol. 14. Debt upon an obligation, endorsed upon condition; the Defendant may plead that the Plaintiff hath retained parcel of the smaller sum, hanging the Writ, and it is good in abatement without specialty, 5 H. 7. f. 4. Action upon the Statute of Rich. If the Defendant plead Act of Parliament, by force of which he was seized, till the Plaintiff entered upon him, upon which he re-entered, the which is the same Trespass, etc. and concludes Judgement if action, it is good, 3 Ed. 4. fol. 6. Annnity by grant, the Defendant saith in abatement that after the action brought, that the Plaintiff hath retained part of the arrearages, and it is no Plea without specialty, for it is not so high, 22 Ed. 4. fol. 51. Debt upon an obligation, the Defendant pleads receipt of parcel, hanging the Writ, Judgement of the writ, and it is not good without specialty, 7 Ed. 4. fol. 15. 15 H. 7. fol. 10. Debt upon a single obligation of twenty pound, the Defendant pleads that the Plaintiff hath received parcel, hanging the Writ, and demands Judgement of the Writ, and it is no Plea without showing Acquittance, for it is not so high. Waste, the Defendant pleads agreement to make floodgates only, and agreement is no Plea in this action, for it is not so high, for Land is to be recovered, 13 H. 7. f. 20. 11 H. 7. f. 13. Covenant upon specialty, the Defendant pleads arbitrement, and it is not good, for it is not so high, 3 H. 4. fol. 2. Debt upon obligation, the Defendant cannot plead that the Plaintiff delivered this obligation again to him in place of an Acquittance, and took it again from him, for it is not so high, 5 H. 4. fol 2. Debt for Rent upon a Lease by Indenture, the Defendant cannot plead payment for it is not so high, but payment, and so he owes him nothing, is good, but where a Lease is by word, payment in Debt upon that is good, 1 H. 5 fol. 6 See, 46 E. 3. f. 1. See, 10 H. 7.24. b. 11 H 7.4 b. 20 H. 6.20. b. & 9 Ed. 4.27. Debt upon obligation upon condition, the Defendant may plead payment according to the condition, without specialty, 5 H 7 fol. 41. 5 Edw. 4 fol 5. the same Debt for Rent upon a Lease, payment is no Plea without saying, and so he owes him nothing, but payment in another County is good without concluding, and so he oweth him nothing, 33 H 6 fol 4. 10 H 7 fol 4.3 H 7 fol 3. Debt upon a bargain, where the Defendant may wage his Law he cannot plead payment in another County, 18. H 6 fol 13. 10 H 7 f 4. 11 H 74 b. Count. Count shall be more certain than a Bar, and yet sometimes it is good by intendment, that is if Common reason do not imply contrary to the Count, it is good by intendment. DEbt upon obligation without date, yet the Plaintiff ought to count when it was made: But otherwise it is if the Defendant plead an Acquittance without date, 3 H. 4. f. 5. 6 Ed. 4. f. 11. Debt or annuity without date, the same, 5 H. 7.24 B. of annuity. Quare impedit, If the Plaintiff counts that four persons were seized of a Manor, to which the Advowson is appendent, whose Estate he hath, it is not good without counting how he hath it, otherwise it is in Bar, 2 H 6. fol. 10. Action upon the case, of borrowing a Horse to ride to York, and counts that he road him further, he ought to count in what County York is, 21 Ed 4. fol 79 b Debt, and counts that if the Defendant make voluntary waist, he should pay twenty shillings, and counts that he made waste in sale, and for that, that he doth not count how, it is not certain, and not good, 9 H. 6. fol. 11. Decies tantum, for embracing, and counts that at D. he hath taken Money to embrace, but for that, that he doth not count that he hath embraced, nor how or where he embraced, it is not good, 37 H. 6. f. 31 Deceit against an Attorney, for acknowledging satisfaction, and aught to count where he was not satisfied, for otherwise it is uncertain, and shall not be employed, and intended, 11 H. 6. f. 2. B. Rescous, and counts that he distrained for Rent, etc. and for that, that he doth not count, which were the days of payment, it is not certain, and is not good, 8 H. 4. fol. 1. Where one Avows for that, that he held of him, by the third part of the fee of Knight's Service, and for that, that he doth not show, by what manner of Knight's Service, it is not good, 12 H. 8. f. 13. Debt by straddling, and counts of taking excessive fees in paying Pensions, where the Defendant was receiver of the Manors of D. and S. in the hands of H. 8. and for that, that he doth not count, that they continued in the hands of Ed. 6. it is not good, for the Statute was made in the time of Ed. 6. that if any Receiver of the King took etc. he should pay for every penny six shillings eight pence, and that might have two meanings, one with the Plaintiff, the other against him, and for that it is not good, P.C. fol. 202. Forging of Deeds, the Writ is, divers false Deeds, and counts of a Deed of Feoffment, and of a Writing and assurance of a Letter of Attorney, and for that the Count is not good, 35 H. 6. fol. 37. b. Debt, The Plaintiff counts upon a Lease made by him, and E. late his Wife, by Deed indent, and counts for the Rent behind, and though he do not count that his Wife was dead, yet it is good, for it cannot be by reason but she is dead, 9 H. 6. fol. 11. b. and 8 H. 5. fol. 4. Account, the Plaintiff counts that the Defendant was his Receiver such a day, till the Feast of Saint Michael, and there are two Feasts of Saint Michael, that is, Michael in Tumba, and Michael the Archangel, and though it be not at which Saint Michael, it is good, and shall be intended Michael the Archangel, which is more known, and the more observed Feast. 20 H. 6 fol. 23. Trespass, and counts that the Defendant entered into a Warren at D. and drove away the Coneys, and not say driven them away there, and yet it is good, and shall be intended there, 44 Ed. 3 fol. 12 Where he confesses and avoids, he need not Traverse. DEtinue of finding a Box, sealed with Writings, the defendant saith, that they were delivered in pawn to him for a hundred Shillings, and if he pay that he would redeliver him it, and it is good without Traverse, for he confesses, and avoids the Plaintiff, 21 Ed. 4. f. 19 Detinue of a Chest ensealed with Write, The Defendant saith, that the Write which he had were in a Box ensealed, and the Plaintiff lent him a hundred Shillings, and delivered this Box to him in Pawn, without that, that he detains a Chest, and it is good; and it is good with Traverse, otherwise not, 22 Ed. 4. f 7. Trespass of breaking his House, and taking his Goods there, the Defendant saith, that his Wife was Executrix, and that they were the Goods of the Testator, and the Door was open, and he entered, and took them, and this is good without Traverse, for he hath confessed and avoided, 2 H. 6. f. 15 B Trespass of his Goods taken, the Defendant saith, they were delivered to him by a Replegeare, and it is good without Traverse; 7 H. 4. f. 15. & 44 E. 3. f. 20 Trespass of his Goods taken, the Defendant saith, they were delivered to him upon an Execution upon a Recovery, and this is good; 40 E. 3. f. 21. & 44 E. 3. f. 20 Trespass of Close broken, the Defendant saith, that he had a way there by Prescription to his Manor, which he used, and aught there to traverse without that he bro●●● down, for the other is not breaking down; 8 H. 5. f. 2 13 H. 8. f. 14 Quare impedit against J. Hecker, of an Advowson appendent, the Defendant saith, that it is an Advowson in gross, and that W. S. his Master presented W. S. and that he died, and J. Hecker was chosen Master, and presented J. Hecker, the Defendant, and for that he hath confessed and avoided the Plaintiff for gaining of Possession, and for that he need not any Traverse. 10 H. 7. f. 27 Quare impedit, and counts of an Advowson in gross, the Defendant saith, that it is appendent to a Manor which descended unto him, and he ought to traverse. 5 H. 7. fol. 12 Trespass, Defendant saith that Nicholas his Grandfather was seized in Fee, and died seized, and that descended to his Father, and he entered, and by Protestation died seized, and that descended to him: Plaintiff saith, that J. S. gave to Nicholas in Tail, and that descended unto him as Son, and it is not good without traversing the Dying seized in Fee of Nicholas, or confess and avoid it. Trespass, the Defendant pleads a Grant made to him by E. and the Plaintiff pleads that H. 6 by Authority of Parliament, granted that to him, and is good; for that confess and a voids the Grant; 7 H. 7. f. 15 Quare impedit against a Prior, the Plaintiff counts that he was seized of an Advowson in gross and presented; the Defendant saith, that he was seized in right of his Monastery in gross and presented J. and after his Predecessor granted the next Avoidance to the Plaintiff, and to the Presentee A. and good, for he hath confessed and avoided; 26 H. 8. f. 5 Trespass, the Defendant conveys the Land to her as Sister B. the Plaintiff saith, that B. had Issue a Daughter, and that he as Guardian in Socage entered, and it is good without traverse, for he hath confessed and avoided; 19 H. 8. f. 11 B. Assize, the Tenant pleads that J. S. enfeoffed him: the Plaintiff saith, that well and true it is, that J. S. enfeoffed you, but it was upon condition, and that J. S. entered for the condition, and enfeoffed the Plaintiff, and this is good, for he confesses and avoides the Defendant, 6 H. 7. f. 8 Forging of Deeds, and counts that the Defendant hath forged a Deed, by which J. Beak enfeoffed W. T. the Defendant saith, that long time before the Plaintif had any thing, that J. Beak enfeoffed W. and Alice his Wife which died, and the Defendant as Heir of W. read and proclaimed the Deed, and aught to traverse forging; for where the Defendant justifies a thing, prohibited by the Law in a special manner, he ought to traverse, as in Maintenance; if he justify, he shall say, he shall say without that, that he maintained in other manner; 32 H. 6. f. 1 Trespass of Assault and threatening, the Defendant saith, that the Plaintiff called him Traitor, and he said, thou liest in thy throat, it is no Plea, for he doth not confess any threatening 37 H. 6. f. 3 Conclude. Order and form, how one ought to conclude in his Plea. WHere to a Bar there ought to be a Reply, the Conclusion of his Plea shall be (and this he is ready to prove) &c. (and where but ready that so) there it is otherwise; 33 H. 6. f. 21 & 12 Ed. 4. f. 13 the same. As in Dower, the Tenant pleaded (not ever seized that Dower, he ought to conclude, (and of this he puts himself upon the Country) for no Reply shall be, (but ready that so.) Where the Defendant pleads to the Issue, the conclusion shall be (and of this he puts himself upon the Country) and where the Plaintiff pleads to the Issue, he shall say, (and he desires that this may be inquired by the Country, 26 H. 8. f. 4. If one plead a Plea, which is not traversable, as no wrong, or general Issue, or Record as Outlawry, he need not in his conclusion aver his Plea, that is, (and this he is ready to prove, etc. 36. H. 6. fol. 17. When the Defendant justifies, he ought to conclude, (and this he is ready to prove, etc.) and when he pleads the general Issue, he need not, 6 H. 4. fol. 18. and the Book of Entries, fol. 152. the same. Quare impedit, If the Defendant plead that it is incorporated by another name, Judgement if Action, this conclusion is not good, but he ought, to conclude Judgement of the Writ, 26 H. 8. fol. 1. ●nd 4 H. 6. fol. 27. Where the Defendant saith, that the Parties to the Fine have nothing, but one such a one, whose estate he hath, he ought to conclude, (and this he desires may be inquired by the Country) and the aforesaid Plaintiff likewise, it shall be entered, for here needs no Reply, but ready, that so as above, 12 Ed. 4. fol. 13. Debt upon Obligation, the Defendant saith, that it was endorsed upon Condition to perform Covenants of an Indenture, and that part was read, and part not, and that he was a man unlearned, there he ought to conclude Judgement, if Action; the same Law is, where he saith it was made by constraint, or that he was under age, or that it was delivered as an Eserow, 7 Ed. 4.3 B. he ought to say Judgement, if Action, 14 H. 8. fol. 30. Debt upon obligation, to plead payment, and delivery of that in place of an Acquittance, he ought to conclude judgement if action, but if he avoid that, for that it is razed or interlined, there it shall be concluded not his deed, for where a Deed is void, he ought to conclude not his Deed, and where voidable, or matter in Law, judgement if action, 1 H. 7 f. 14. Debt upon Obligation, to say he is a man unlearned, and this was read to him to be with Condition, and so this Obligation being single, is not his Deed, 7 Ed. 4. fol. 5. 15 Ed. 4. fol. 17. 16 Ed. 4. f. 1. the same, 9 H. 5. f. 15. and 3 H. 6. fol. 52. Debt upon a Lease, to plead payment in another County, or levied by Distress, without concluding, (and so he owes him nothing) is good, 9 Ed. 4. fol. 57.3 H. 7. fol. 3. and 33 H. 6. f. 4. the same; but levied by Distress or payment in the same County, is not good without concluding, (and so he owes him nothing.) Debt for Wages upon a Bargain, to plead payment in the same County, and conclude, and so he oweth him nothing, is good, 40 Ed. 3. fol. 24. Debt upon a Lease by Indenture, for the defendant to plead payment in the same County, it is no Plea without concluding, and so he oweth him nothing to the point of the Writ, 1 H. 5. fol. 6. Where he ought to conclude, and so not his Deed. DEbt upon a single Obligation, the Defendant saith, that he is a man unlearned, and this was read to him, with a Condition, and so not his deed, 1 H. 6. fol. 3 H. 6. fol. 38. Debt by a Husband and his Wife, of an Obligation made to them, the defendant being Executor, J.S. pleads Release of the Husband made to him, and the Release was of all actions, and demands, as Executor, and all actions personals, and other demands, and the Plaintiff saith, that he is a man not learned, and it was read for Actions, as Executor, and so not his deed, and good, See 3 H. 7. fol. 5. and 19 H. 8. 1 H. 7. fol. 14. If the defendant confess, that once by his own Plea his deed, he cannot afterwards conclude, and so not his deed: As if an Infant makes a deed, or a man by constraint, if he plead these matters to avoid that, he cannot conclude (and so not his deed) but where an Obligation is void, he ought to conclude, and so not his deed: as where an Obligation is made by a married Wife, or a deed razed or interlined, 1 Ed. 3. fol. 5. the same. Where he ought to conclude according to his matter pleaded. LIttleton, f. 39 Six manner of men are, against which if they sue Actions, Judgement may be demanded, if they shall be answered in the Conclusion of his Plea; and first, if he say, that the Plaintiff is his Villain, he shall say Judgement if he shall be answered; second, is outlawed; third, is a stranger born; fourth, is one attaint in a Praemunire; fifth, is professed in Religion; sixth, is excommunicated: the Defendant may plead these, and demand Judgement, if the Plaintiff shall be answered. 34 H. 6. fol. 9 If the Tenant plead Joint-tenancy, or other Plea in Abatement, he ought to conclude, Judgement of the Writ; and where one pleads in Bar, he ought there to conclude Judgement if Action. 49 Ed. 3. f. 24 Account of Receipt in C. the Defendant saith, that C. is within the five Ports; Judgement if the Court will acknowledge it, and so always to the Jurisdiction, that is Conclusion as Parson sue for Tithes, etc. In divers Cases they ought to conclude in the Negative, where so to the Affirmative pleads that his Plea is but as an Argument, and not full Answer, and also to make the matter in Law plain. SCire facias against a Parson of Arrearages of an Annuity; the Defendant pleads, that before the Writ purchased he resigned, and so not Parson, and it is good, 7 Ed. 4. fol. 16 10 H. 7. f. 4 Said in Debt upon a Lease for the Rent behind, if the Defendant pleads Payment in another County, this is good without concluding, (and so he owes him nothing, etc.) But if he plead Payment in the same County, it is no Plea without concluding, and so he owes him nothing; 9 Ed. 4. f. the last. 9 Ed. 4. fol. 15 Debt against Executor which pleads that J. S. recovered against them an hundred pounds, and had Execution, and they have nothing come to their hands besides that: the Plaintiff saith, the Testator did owe nothing to J. S. and so the Recovery false and feigned. 21 Ed. 4. f. 71 Dower, the Tenant saith, that the Husband was not seized, that she could have Dower, etc. The Plaintif saith, that T. the Father of her Husband died seized, and that descended to her Husband which died before Entry, and so he died seized, and in Formedon of Lands recovered in value, he ought to conclude, and so gave. 19 H. 8. fol. 6 Right of Ward, and counts that the Ancestor of the Infant died in his Homage; the Defendant saith, that he held of him in Socage, without that, that he died in his Homage: the Plaintiff saith, that J. S. and D. were seized to the use of the Ancestor of the Infant, and so the Ancestor died in his Homage. 12 H. 7. f. 7 Where the matter before the (So) is sufficient Bar, there the (So) shall not be entered, as in Trespass or Assize, the Tenant justifies, and so not guilty. 32 H. 6. fol. 16 Where the matter before the (So) is matter of Bar, and sufficient, there the matter after the (So) is not traversable, and contrary if not sufficient. 5 Ed. 4. fol. 5 Debt upon an Obligation for Bail, and is named Sheriff, the Defendant ought to plead that, and conclude, and so not his Deed, but not generally, it is not his Deed. 19 H. 8. fol. 7 Juris utrum, the Tenant saith, that his Father was seized, and died seized, and the aforesaid Plaintiff abated, and he recovered, and so his Lay Fee, and not the frank Gift of the Plaintiff. 38 H. 8. fol. 26 Debt upon an Obligation, Defendant pleads divers matters, and concludes, and so not his Deed, and this Conclusion hath made this single: 3 H. 6. f. 3 Of his own Wrong. Where of his own Wrong is good, and where not. REplegeare, the Defendant avows as Bailiff, for that a Prior held of his Manor by Fealty and Rent, the Plaintiff saith of his own wrong, without such cause, it is no Plea, for here he ought to answer the substance, which is material, that is to say, the Lordship: 2 H. 5. f. 1 Where one justifies by a Lease made to him by the Plaintiff, of his own wrong, is no Plea, otherwise it is, where heiustifies a Servant of a Lessee: 10 H. 4. f. 3. If the Defendant justify by licence, or commandment of the Plaintiff, the Plaintiff shall not say of his own wrong, without such cause, not if parcel be of Record, for these aught to be answered specially: 12 Ed. 4. fol. 10 Trespass of Imprisonment, the Defendant justifies, for that he is Constable, and was assaulted by him, and broke the Peace, the Plaintiff may here say, of his own wrong, without such cause, for that, that no Record was alleged: 5 H. 7. f. 6 Trespass of Battery, the Defendant saith, of his own Assault: the Plaintiff saith, of his own wrong, without such cause, and this is good: 5 H. 7. f. 1 Trespass, where one justifies as Servant by command, that he arrested the plaintiff, or that he came at the request of the Sergeant, etc. of his own wrong without such cause, is no Plea: 2 Ed. 4. f. 6 See 9 Ed. 4. f. 31 If the Defendant plead licence, or a Lease of the Plaintiff, of his own wrong, is no plea: 20 Ed. 4. f. 4 21 E. 4. f. 76 10 H. 6. f. 3 & f 9 the same. Where a Sheriff justifies to make Execution, of his own wrong, is no plea, otherwise it is where he justifies as Bailiff by command of the Sheriff: 19 H. 6. Trespass of Battery, Defendant saith, that the plaintiff beat one W. to death, and the Constable came to arrest him, and he stood at defiance, by which the Defendant came in aid, and the hurt which he had was of his own Assault, the plaintiff saith of his own wrong, without any such cause, and good: 38 E. 3. f. 9 Trespass of Grass out, the Defendant justifies as Parson of the Parish, and that he took them as Tithes separated from the ninth part, the Plaintiff saith, of his own wrong, without such cause, and it seems it is no Plea, and then the Plaintiff replied as above, without that, that they were severed from the ninth part, and good: 16 E. 4. fol. 4 9 E. 4. f. 27 Trespass, the Defendant justifies the Imprisonment, for that, that the Plaintiff assaulted J. N. to have rob him, for which he put him in the Stocks, of his own wrong, etc. is good. 41 E. 3. f. 29 Trespass, the Defendant justifies, for that Attachment was awarded out of the Court Baron, to the Bailiff, to attach a Horse upon a Plaint entered there by him, and that he came in aid of the Bailiff: the Plaintiff saith, of his own wrong, without such cause, and this is good. 38 E. 3. f. 3 Replegeare of Beasts taken, the defendant justifies for Execution of a Recovery in Court Baron of twenty shillings, the Plaintiff saith of his own wrong, without such cause, and held that he shall not have this general Averment, against a special matter, by which he said, that the Beasts were not delivered in Execution. 14 H. 8. f. 18 False Imprisonment, the Defendant justifies the Arrest of the Plaintiff by a Warrant of a Justice of the Peace, where the truth was, that when he was arrested he had no Warrant, but after had a Warrant directed to him, the Plaintiff may say of his own wrong, without that, that he hath any such Warrant, and gives the matter in Evidence. 2 E. 4. f. 9 False Imprisonment, the Defendant justifies, that he took the Plaintiff wand'ring in the night for suspicion, etc. The Plaintiff may say, of his own wrong, without such cause, but he cannot say of his own wrong, without that that he was wand'ring, for he cannot traverse the special matter, but where it is a matter of Record, or of writing, and not where it is a matter in deed. 13 R. 2. Tit. 28. Rescous, the Defendant justifies to make Replevin by Warrant of the Sheriff, the Plaintiff saith, of his own wrong, without such cause, and it is not allowed, against this special matter, but of his own wrong, without that, that he had a Warrant of the Sheriff at the time of the delivering of the Distress, etc. 33 H 6. f. 47 Trespass of Goods taken in the County of Derby, the Defendant saith, that the Plaintiff fold them to J. S. in the County of Middlesex, and he by his commandment took them, the Plaintif saith of his own wrong, without that, that J. S. commanded him in manner and form, and is good. 22 Book of Ass. 57 The Defendant justifies as under the Escheator, for that Tenant of the King aliened without licence, and shows a Commission, and the Plaintiff saith of his own wrong, without such cause, and is good. 8 H. 6 fol. 34 Trespass of Grass cut, the Defendant saith, that the place where, etc. was the of his Master, by which, by his commandment he entered, and made the Trespass, the Plaintiff saith, of his own wrong, without such cause, and is good: but if the Master himself had been party, and had pleaded his , of his own wrong, etc. had been no Plea. 28 Ed. 3. fol. 58. Trespass of goods taken, the defendant justifies by the commandment of his Master, for that, that the Plaintiff is his Villain, the Plaintif saith of his own wrong, and is no Plea without answering to the Villainage. 10 H. 6. f. 3. Trespass of two Horses taken, the defendant saith, that he let to the plaintiff Land, rendering the Rent of twenty Shillings, and for this Rent behind, he entered, and took the horses, and the Plaintif saith of his own wrong, without such cause, and by Cotesmore it is no Plea, but he ought to answer to the special matter, as to say of his own wrong, without that, that any Rent was behind, 21 Ed. 4. f. 64. 42 Ed. 3. f. 2. Trespass, for chase in his free Chase, the defendant pleads licence of the plaintiff to hunt there, the Plaintif saith, of his own wrong, without such cause, Inquire of this Issue. 16 H. 7. fol. 3. Trespass of goods taken, where the defendant conveys his title from the Plaintif, there the plaintiff by replication may say, of his own wrong, without such cause, 9 Ed. 4. fol. 41. the same. 9 Ed. 4. fol. 43. Trespass of a bag with money, the defendant saith, that the Plaintif was indebted to him in a certain sum, and delivered that unto him to content him, the Plaintif saith, of his own wrong, without such cause, and it is no Plea, for that, that he conveys from the Plaintif himself. 10 H. 6. fol. 9 Trespass, for entering into his Pigeon-house, and taking of Pigeons, the defendant pleads that the Plaintif gave him leave to take them, the plaintif may say of his own wrong, without that he gave him leave, 20 Ed. 4. fol. 4. 21 Ed. 4. fol. 76. Where the defendant conveys from the Plaintiff, or his Ancestor, or that it is his Freehold, these shall be answered, and there of his own wrong, without such cause general, is no good replication. 44 Ed. 3. f. 13. Trespass, the defendant justifies for Harriot, the Plaintiff saith of his own wrong, without such cause, the Issue was taken upon that 38 Ed. 3. fol. 7. the same. 44 Ed. 3. fol. 18. Trespass, the defendant justifies, for that, that the Plaintiff was in Ward to the Prince, and he seized him, and granted the Ward to him, by which he entered and occupied, the Plaintiff saith, of his own wrong, without such cause, and it is no Plea by the Court, but he ought to answer to the special matter, by which the Issue was taken that he held in Socage, and not in Knight's Service, See 22 Book of Assizes, 56. 41. Book of Assizes, 21. and 12 Ed. 4. fol. 10. 14 H. 4. fol. 32. Trespass of his Servant taken, the defendant justifies, for that the father of him, which is said to be Servant, held of J.S. in Knight's Service, and that he died, and the Land descended to the Infant called Servant, being within age, and that the defendant by the commandment of the said J.S. seized him, the plaintif saith, of his own wrong, without such cause, and by Cheney, and Hull, for that, that the defendant hath alleged special matter, that is, Tenure, in Knight's Service, the plaintiff aught to answer to the special matter, and this is no plea, See 22 Book of Assizes 85. 33 H. 6. fol. 29 Trespass, where the defendant justifies by the King's patent of of his own wrong, etc. is no plea. 9 Ed. 4. fol. 22. Trespass, where the defendant justifies by wreck by prescription, the plaintif saith, of his own wrong, without that, that it was a wreck, and good. 5 H. 7. fol. 9 Trespass, the defendant justifies by custom of foldage by prescription, of all Sheep which pasture in such a Common, the plaintiff there saith, of his own wrong, without such cause. Where a double Plea shall not be suffered, and where it shall. PRior brought a Quare impedit, and counts that his predecessor was seized and presented, and the King seized his temporalties because of War, and presented, and now it is void, and it belongeth to him to present, and it is not double, 40 Ed. 3. f. 10. But in Quare impedit, and counts of divers presentments in his Ancestors, this is double, 1 H. 5. fol. 1. Quare Impedit, by Tenant in Tail, and allegeth a Presentment in the Donor, and another in the Donee, this is not double, for the Gift is traversable; but if he allege Presentment in the Feoffor, and another in the Feoffee, this is double: 4 Ed. 4. f. 3 Debt against Executors, to plead fully administered, and so nothing in their hands, is not double, for one Answer makes an end of all, that is, that they have Assets, 3 H. 6. f. 3 Debt upon Obligation, and pleads Payment, and Delivery of the Obligation in place of an Acquittance, it is not double, for one Answer shall be for all: 1 H. 7. fol. 15 and also it is no Plea. Trespass, the Defendant pleads Gift in Tail, and divers Descents, and it is not double, for the Gift is only traversable: 19 Ed. 4. f. 4 Bastardy is pleaded to ten Acres, and Release of all Actions, and that is double: 10 H. 6. f. 20 Non-tenure is pleaded to part, and Bastardy to the rest; and this is double: 43 E. 3. fol. 29 B. Inquire 33 H. 6. f. 20 & 40 E. 3. f. 21 Dower, the Tenant may plead Joint-tenancy of part, and that she detains Writings for the rest, which goes to all, and it is not double: 33 H. 6. f. 57 & 40 E. 3. f. 31 Assize of a Manor, the Defendant pleads a Fine of one half to J. S. whose Estate he hath, and to the other half, pleads a Release of the Father of the Demandant, with Warranty, and demands Judgement, if against Warranty, Assize ought to have been of that Moiety, and it is not double, for this goes but to the Moiety, and is not, etc. 37 H. 6. f. 24 Debt upon an Obligation, that he was a Lay man unlearned, and the Day of Payment was read to be at another Day, and that it was delivered as an Escrow upon condition, that if others sealed, etc. and the others did not seal, and so not his Deed, this Conclusion hath made that single: 38 H. 6. f. 26 Intendments. Pleas good by Intendment, and how. INformation for Liveries, it is showed that Cloth was given at D. but not how it was used, and it shall be intended there, and good: and Trespass, he broke his Close at D. and made an Entry, and shall be intended to be there: 5 H. 7. f. 18 Appeal of Rape, (is Rapuit) and though it be not, fellonioussy rapuit, it shall be intended: 1 H. 6. f. 1 Waste against Beatrix, which was the Wife of the Earl of Arundel, though that she were not named Countess, it is good, and shall be intended Countess: 2 H. 6. f. 11 Debt and Counts upon Indenture, that the eldest Son ought to marry K. and if he died before carnal knowledge, then that the youngest should marry her, if the Ecclesiastical Law would permit it, and Counts that he purchased a Dispensation, and required him to marry her, and he refused, and though he do not show if the Request to marry K. was before noon or not, nor if K. were alive at the time of the Request, it is good, and shall be intended: 12 H. 8. f. 6 Trespass, one justifies as Servant of J. S. and though he do not say, and by his commandment, it is good, and shall be intended: 13 H. 7. f. 13 If one plead a Deed dated at D. it shall be intended delivered there: 1 H. 6. f. 3 Waste by the Prioress of the House and Church of C. the Writ was to the disinheriting of the Prioress of the House and Church of C. (leaving out praedict.) but it shall be intended: 10 H. 7. f. 5 Annuity is Grant, provided that he be of honest conversation, and the Grantee pleads in Action, that he was of honest conversation, and that he doth not say always after the Grant, it shall be intended to be of honest conversation, for every one shall be intended to be of honest conversation, till the contrary be showed: 22 Ed. 4. fol. 28 Divers plead shall be good by intendment, as in action against the Sheriff for imbezzilling a Writ, and doth not say that he was Sheriff at the time of the imbezzilling, but it shall be intended, 22 Ed. 4. b. Tit. Pleading, 109. If one plead that one John Pur●bote, Master of the College, and his fellow brethren were seized in Fee, that shall be intended in Right of their College, for it hath but one intendment, Ploughed. Com. fol. 102. Fulmerstone. Entry upon the Statute of Rich. the Defendant saith, that the third part was to J.S. and that he entered by his commandment, and doth not say, whether the third part were severed or not, but it shall be intended severed, and good, 37 H. 6.38. and 38 H. 6. fol. 8. the same. Trespass of two Coffers taken in D. the Defendant saith, that the property was to J.S. and gave them at D. to him, and though he do not show how the property was to him, it is good, and shall be intended when the gift was made, 1 Ed. 5. fol. 3. Scire sacias, by Sir T. Chaworth, Cousin and Heir of one Haws, of a gift by Haws in Tail, and the remainder in Tail, and counts that the Donee, and he in remainder are dead, without heir of their bodies, and that to him aught to revert as Cousin and Heir of Hawes, and though he do not say, that Hawes is dead, it shall be intended, for otherwise it cannot revert to him, as Cousin, etc. 33 H. 6. fol. 54. Where one avoweth, and saith he was seized by the hands of one J.S. his Tenant, and though he do not say, than his Tenant, it shall be intended, 34 H. 6. fol. 8. 14 H. 8. fol. 12. Wast against P. which he held for Term of years, and Counts, that in the tenth year of H. 7. the Plaintiff let to P. for Term of one year, and from and so from year to year, so long as both parties were pleased, (by virtue of which) he was possessed and occupied by 24 years, and now it is thirty years, from the 10. of H. 7. and where the Count is (by virtue of which) he occupied by 24 years, by implication it shall be intended, and no more, and it shall be (which he held) and not which he doth hold. Ploughed. Com. fol. 409. Where H.C. devised, etc. that none of his Sons should alien, and it is pleaded that H.C. hath Issue J. and F. that shall not be intended that he hath more, till the contrary be showed of the other party. 12 H. 8. fol. 3. Trespass, why he beat his Servant, and took away a dog called a Blood Hound, and though he do not count that he might spend forty Shillings, it shall be intended, that he might, till the contrary be showed. 9 H. 6. fol. 10. Debt, and Counts of a Lease, by the Plaintiff, and E. late his Wife, and though he do not count that she is dead, it shall be intended. 20 H. 6. fol. 24. Account, and Counts, that the Defendant was his Receiver, at such a day, until the Feast of Saint Michael, and it is not Michael the Archangel, nor Michvel in Tumba, and it shall be intended Michael the Archangel, and good. 8 H. 5. f. 4. Quare impedit, by the Husband and his Wife, and counts that they were seized of a Manor, in Right of his Wife, to which an Advowson was appendent, and though he doth not show what Estate, it shall be intended the best Estate, Fee Simple. 36 H. 7. fol. 3. Trespass and Counts of assault at D. and gave so many threaten, that about his business, etc. and doth not show where, and shall be intended at D. and good. Plea good by Intendment till contrary be showed. Ploughed. Com. fol. 74. Assize. Wimbishe, Venire facias, directed to the Coroners, which surmise in the end, that the Sheriff is Cousin, and the Assize to the Coroners is also (except Curson his Cousin) and it is good, and shall be intended Cousin of the whole blood, till the contrary be showed by the Defendant. 19 H. 8. f. 11. Trespass, Defendant saith that B. was seized in Fee, and died seized, and that descended to him as Cousin and next Heir, that is, Son of N. Sister of B. Plaintiff saith, that B. had Issue a Daughter, and that he as Guardian in Socage of his Daughter, took her, and good, and though it might be that the Daughter were of the half blood, it shall not be intended, till it be showed of the other part. Ploughed. Com. f. 103. Fulmer●●one, Trespass, Defendant saith, that in the thirtieth year of H: 8. that W. Master of Rushworth, and his fellow brethren, let to him an an hundred Acres, parcel of the Manor of E. for fifty years: Plaintiff saith, That before that is in the year, etc. J. P. Master, and his fellow brethren, let to the Defendant the Manor of E. except a Tenement late Largentine, for sixty years, and that by the Statute of 31 H. 8. for that, that the first Lease was in being, the second was void, and though that by Replication he doth not show that J. P. the Master was seized in right of the College, it shall be intended till contrary be showed. Plowdens' Commentaries, fol. 26. Colthirst, Barr is good to common intent, though it be not good to every special intent, yet where parcel of the substance is left out, it is not good: It is good to common intent, where such intent is not indifferent; but is such intent which hath more stronger presumption, than any other intent hath. 3 Edw. 2. tit. Escheat 8. And counts that his Tenant committed Felony, by which he was attaint, and the Count was challenged, for that, that he doth not say, for what Felony, and yet good; for it is not material for what Felony it was. General Issue. Trespass upon the Statute of Richard, the Defendant pleads his freehold, and it is not general Issue in this, but it is good in Trespass, Ravishment, not guilty is the general Issue, and in maintenance, not culpable, 2 Ed. 4. fol. 6. Action upon the Statute of Liveries, said that not guilty is no plea, but that he gave not the Liveries, is good; and in Maintenance saith, that not guilty is no Plea, but that he did not maintain; yet inquire, 8 H. 6. f. 36. b. Debt upon a matter of Record, he oweth him nothing, is no Plea, but in Maintenance not guilty, or he did not maintain, is good, and in forging of Deeds not guilty is good, 12 H. 7. fol. 14. Debt for Scavage, held where the action is grounded upon a Statute, and upon a matter in Deed, he owes him nothing, is a good Plea, 21 H. 7.14. Forcible entry, not guilty is good, 14 H. 6. fol. 16. Eitzh. 249. D. Trespass of Goods taken, the Defendant saith, that the property of these was to J. S. which gave them to him, without that, that he took Goods of the Plaintiff, and this amounts to not guilty, and by the Court adjudged that nothing shall be entered, but not guilty, and shall give that matter in evidence, 9 H. 6. fol. 11. Assize, the Tenant cannot plead Feoffment of the Plaintiff made to him, for that amounts to a general Issue, and the general Issue no wrong shall be entered: 2 H. 4. f. 20 & 43 Book of Ass. 41 Praemunire, of that, that the Defendant draws him out of the Realm in Plea, whereof Conusance to the King belongs, the Defendant saith, that he was Executor to J. S. and sued in Court of Audience to prove the Will, and for that he could not have Right there, he appealed to Rome, and nothing shall be entered but the general Issue: 2 R. 3. f. 18 Trespass of Goods, for the Defendant to say, that the place is his , and he took them doing Damage, it is no Plea, but he ought to tell the certainty of the Land, but of Trespass in Land his is good: 5 H. 7. f. 28 B. See Brook Title General Issue. Pleas uncertain. Where it is uncertain in place, and where not. Trespass, for that that the Defendant holds Land of him in Reseleigh, by reason of which he ought to scour Ditches, and for that he doth not show where those Ditches are, it is not good: 46 Ed. 3. f. 8 Trespass, it is a good Plea to plead, that there was an Arbitrement that he should pay ten pounds, which he hath paid, without saying, where he hath paid it: 8 H. 6. fol. 74 If Surrender or Attornement be pleaded, which is matter in deed traversable, it ought to be showed where it was made: 18 Ed. 4. f. 16. B. Where one avows upon a Grant of a Rent-charge made to him, and that one attorned, he ought to show in what place: 2 R. 3. f. 13 Annuity, the Defendant saith, that he tendered that to him, and for that he doth not show where, it is not good, for it is matter in deed issuable, which ought to be showed certain: 9 H. 6. f. 16 Held, if one plead Arbitrement in Bar, he ought to show where the Submission was made: 9 H 6. f. 50 Decies tantum, for embracing, and for that he doth not show where it is not good: 37 H. 6 f 31 1 R. 3. f. 1 Presentment in the Sheriffs Turn, that A. Abbot of D. had a Tann-house, and had tanned Leather insufficiently, and that he had sold and uttered the same Leather, contrary to the Statute; and for that he doth not show in what place it was sold and uttered, it is not good; for there is no place upon which the View shall be, and that is material. 3 Ed. 4. fol. 30 Trespass, Defendant pleads Lease for years, and aught to show where it was made, for it is traversable. 5 H. 7. f. 3 Presentment, that an Abbot and his Successors use to cleanse a Gutter by the highway, by reason of the Tenure of some of their Land, and this is issuable, for that it ought to be alleged where the Land is. Where one avows for Rent-charge granted to him by Deed, he ought to show in what County, and where it was granted: 5 E. 4. f. 11 If one plead a Lease made to him for years, he ought to show where it was made: 5 H. 7. f. 24 & 3 E. 4. fo. 27. B. 18 E. 4. f. the same. False Imprisonment, if the Defendant justify the Arrest by Precept, he ought to show where the Precept was made: 14 H. 8. f. 18 & 21 H. 7. f. 73 the same. Where the Defendant pleads that J. S. hath Goods in divers Diocese, and the Administration belong to the Metropolitan, if he do not show in what Town the Goods are, it is not good: 10 H. 7. f. 16. Debt upon Arrearages of Annuity granted to him, till he were promoted to a Benefice, to plead that he took a Wife is not good, if he do not show where, for it is traversable: 35 H. 6. f. 50 Where the thing is issuable, it ought to be showed in what place it was. INformation of Liveries, the Plaintiff ought to count where the Cloth was given, that is, at D. 5 H. 7. f. 18 12 E. 4. f. 11 Trespass, Defendant saith, that the place where, etc. is the of J. S. and that he by his commandment entered, he ought to show where the commandment was given, but if he justify as a Servant, and by his commandment, he need not show where the commandment was. 35 H. 6. fol. 59 Debt upon Arrearages of Annuity, Defendant saith, it was granted to the Plaintiff, till he was promoted to a Benefice, and saith, that he was promoted to a Benefice, and aught to show where, for it is issuable. Uncertain for Year or Day. Trespass, the Defendant justifies, that be entered as Lord, for that, that the Tenant aliened in Mortmain, and for that he doth not show what Day and Year, it is not good: 7 H. 7. f. 5 Qnare impedit, the Defendant saith, that the next Avoidance was granted to J.S. which died intestate, and the Ordinary sequestered, and for that that it is not what year he granted, it is not good: 9 H. 7. f. 23. Trespass of Goods, to plead that in London is a Market every day but Sunday, and that he bought them on Friday, this is good without showing what year, for the year is not material, by Choke, 12 Ed. 4. f. 1. Assize, if the Tenant plead that one Plaintiff died after the last continuance, he ought to show what day, which may appear: 18 Ed. 4. f. 13. B. Escheat, it is good without counting what day he committed the Felony, for the day is not material, if it be one day or other: 40 Ed. 3. f. 45. Debt, and counts that the eldest Son married K. and if he died before carnal knowledge, that the youngest should marry her, if the Ecclesiastical Law would permit, and counts that the eldest married her, and died before carnal knowledge, and that he purchased a Dispensation, and required the youngest to marry her, and he refused, and though he do not show what day, it is good: 12 H. 8. f. 6. Assize brought the same Day that the Disseisin was made, it shall be intended that the Disseisin was first, and that the Writ was brought after the same day: 4 H. 6. f. 7. Rescous, and counts that he distrained for Rent, and doth not show the days of Payment, and for that not good: 8 H. 4. f. 1. Obligation of two hundred Marks, and the Condition is to pay one hundred Marks at a day certain, and in Debt the Defendant pleads that he hath paid the hundred Marks, and for that, that there is but a day, which may be according to the Condition, it is not good: 47 Ed. 3. fol. 13. Where a day is issuable, it shall be pleaded certain, as one pleads a Lease made to him for years, he ought to show when it was made: Ploughed. Com. f. 24. Debt upon an Obligation, which is endorsed with a Condition, that if the Defendant renounce all the Administration, etc. and no day is in the Condition, when it shall be, and the Defendant pleads that he hath renounced the Administration, and for that, that he doth not show what day, it is not good, for it may be after the Writ purchased, and then it is not good: 15 Ed. 4. fol. 29. Trespass of Swans taken, the Defendant saith, that long time before the Trespass supposed, the property was to J. S. which gave them to him, the Plaintiff saith, that long time before J. S. had property, the property was in him, and for that, that he doth not show what day; it is not good; 31 H. 6. f. 12. Entry by the Lord Cromwell of the Manor of Amphill, the Defendant pleads a Lease for years, and a Release, and it is not good, without showing when the Lease was made, notwithstanding that it be showed when that began, for that, that he ought to show that the Lease was made such a day, and the Release after: 32 H. 6. f. 8. Debt upon an Obligation, the Defendant saith it is endorsed upon Condition, that if he infeoff him, and he then pay to him twenty pounds, that the Obligation shall be vold, and it is not expressed what day the Payment ought to be made, and yet he ought to show what day, for that is said to be forthwith after the Feoffment, for the words are, that then he shall pay: 33 H. 6. f. 48. B. Matter uncertain. See where it is uncertain in Matter, and where not. Trespass, the Defendant pleads, that the Plaintiff was indebted to him in a hundred Marks, and that he pawned the Goods till he were paid, and for that, he doth not show for what the Debt was due, nor whether he paid it or no, it is uncertain, and is not good: 5 H. 7. f. 1. Trespass, if the Defendant saith that A. was seized of the Manor of D. whereof the place is parcel, he shall say at what time the Trespass is parcel, otherwise it is not good: 32 H. 6. f. 24. & 10 H. 7. f. 28. the same. One pleads a Fine levied to B. of the Manor of D. and that the Tenant attorned to B. and for that he doth not say, that the Conisee was seized of the Manor at the time of the Attornement, and also for that, that he doth not show what Term the Fine was levied, it is not good: 10 H. 7. f. 28. Found by Office that the Lord Greystock Tenant of the King died seized, and one came to traverse that, and said, that the Dean of York recovered in a Writ of Right against the Lord Greystock, and entered, long before the Inquisition, etc. and gave to him in Tail, and it is not good; 3 H. 7. f. 2. for that it is not showed if the Entry was in the life of the Lord, or after his death. Forcible Entry, where the Defendant saith, that J. H. and H. Wood enfeoffed Fines and Sackvile, and iustiffies as Servant to them; the Plaintiff saith, one J. S. J. Hook, and H, Wood enfeoffed him, and for that he doth not say, the aforesaid J. Hook and H. Wood, it is not good: 1 H. 7. fol. 19 Where one pleads Bar, which comprehends but one matter, this shall be certain, as Arbitrement, he ought to show where the Submission was made, and if that comprehend two matters, he need not to show both so certain, as it is said, of a stranger, and he as Servant, and by his command entered, it is good without showing where the commandment was, 3 H. 7. fol. 11. B. Quare impedit, The Defendant saith, that J.S. granted the next avoidance to A. which presented, and the Church is void, and the next avoidance was granted to B. which died intestate, and the Ordinary sequestered, and for that, that he doth not show the name of the Ordinary, it is not good, 9 H. 7. fol. 23. Trespass, the Defendant pleads that it is the Freehold of John Sherewood, and that he by his commandment entered, and for that, that he doth not show where the command was, it is not good, otherwise it is, if he had justified as Servant, and by his commandment, 12 Ed. 4. fol. 10. Trespass, upon the Statute of Rich. the Defendant saith, that his Predecessor, Master of the Hospital of Saint john's of Jerusalem, was seized, and died, and that he was Master, and entered after his death, and might be Master by Election, Collation, or Presentment, and for that it is not good, 34 H. 6. fol. 27. Debt upon Obligation, the Defendant saith, that it is endorsed upon condition to be at the award of J.S. who awarded that he should discontinue his Action, which he had made, which he hath done, and for that it is not showed what Action, nor ●ow it is hanging, it is not good, 36 H. 6. fol. 9 Maintenance, The Defendant justifies for that, that he was his Servant, and the Plaintiff saith that he gave four Marks to maintain, and for that, that he doth not say, hanging the Plea, it is not good, for it may be before, and then it is no Maintenance, 3 H. 6. fol 54. Trespass, The Defendant pleads that J.S. enfeoffed the Plaintiff to the use of Alice, by force whereof the said Alice gave to him the Trees, and it is no Plea, for he doth not show if the Plaintiff were seized at the time of the gift to the use of Alice, 7 H. 7 f. 3. Trespass, if the Defendant justify by command of him to whose use he ought to say, that at the time of the commandment they were seized to the use, etc. the same Law, if one plead a Lease, and Release, he ought to say, that he was possessed at the time of the Release made, 10 H. 7. f. 26. & 7 H. 7 f. 3. the same. That which is Issuable aught to be pleaded certainly. ONe avows for that, that the Plaintiff held of him by a Knight's Fee, and this is not good, for that he doth not show by what Knights Fee, 12 H. 8. fol. 13. 3 H. 7. f. 2. One traverses the Office found after the death of the Lord Greystock, the King's Tenant, which was found that he died seized, and he said that the Dean of York recovered against the Lord G. in a Writ of Right, long before the finding of the Office, and it may be he recovered against him long before the finding the office, and it might be, after the death of the Lord Greystock, and for that it is not good, for it is uncertain. So if one plead that he entered for that, that his Tenant aliened in Mortmain, he ought to show that he entered within the year, otherwise it is not good. 26 H. 8. fol. 2. Debt upon Obligation, endorsed with condition, if he make an Estate, as it shall be devised by the Plaintiff, Defendant saith, that he hath made an Estate, and it is not good, without showing what Estate. 1 H. 7. fol. 13. One comes to reverse an Outlawry of Felony, and pleads that he was in the Castle of Oxford, at the time of the Outlawry published, and for that he doth not show, in what County the Castle is, nor under whose custody, it is uncertain, and not good, for these are Issuable. 2 H. 7. f. 6. Dower against the Heir, he saith, that he was ready to render Dower, if she would deliver to him the Writings concerning his Land, and for that he doth not show what Writings, incertain, it is nor good, for it is Issuable. Affirmative and Negative. Issue shall be upon the Affirmative, and Negative, and it shall not be answered by Argument. DEbt against the Administrators of J.S. Defendant saith that J. S. made him Executor, Judgement of the Writ, he shall say without that, that he died intestate, for this is alleged by the Plaintiff, 9 H. 6. fol. 7. 11 H. 4. fol. 88 Trespass of taking six beasts, the Defendant justifies the taking of them by agreement, the Plaintiff saith, they were other six, and aught to traverse without that, that he took those six in the Negative. 11 H. 6. f. 1. Writ upon the Statute of Labourers, and counts, that the Defendant was a Vagrant, and he required him to serve, and he refused, Defendant saith, that he was in the Service of J. S. and shall say without that, that he was a Vagrant. 1 H. 6. f. 15. Formedon in Reverter, and counts of a gift in Tail, the Defendant saith, that the Donor gave in Fee, and it is not good, but he shall say without that, that he gave in Tail. 10 H. 6. f. 7. Account for the Heir, against a Woman Guardian in Socage, Defendant saith, that the father of the Insant held of her in Knight's Service, and died, and Defendant seized him, and he ought to say without that, that he held by Knight's Service. 14 H. 8. fol. 4. The Avowant saith, that W. the tenth day of February, year twenty five granted, his Interest to him, and avowed doing damage, Plaintiff saith, that W. the first day of Feb. year twenty five granted, his Interest to him, and he put in his beasts without that, that he granted that to the Avowant, before he granted that to him, and good. 38 H. 6. f. 17. Action upon the Case, of that, that he hath Leet and Fines, and Amerciaments of the same, Defendant saith, true it is, that the Plaintiff hath Leet, but that he the Defendant hath Fines, and Amerciaments, he ought to say without that, that the Plaintiff, hath the F●nes and Amerciaments. 18 H. 6. f. 8. Debt upon an Obligation dated the twentieth of April, and first delivered the second of May, the Defendant pleads Release the last day of April, and that the Obligation was delivered when it bore date, and for that, that he hath not traversed in the Negative, that is to say, without that, that it was first delivered, the second day of May, it is not good. 32 H. 6. f. 4. Debt, and Counts of a Lease of a House, rendering twenty shillings; Defendant saith, that he let the House and four Acres rendering twenty shillings, and aught to traverse, otherwise it is but an Answer by Argument. 32 H. 8. f. 8. Debt against Executors, Defendant saith, that the Testator died intestate, that the Administration was granted to him, he ought to say, without that, that he is Executor, or administered as Executor. 1 H. 7. f. 13. Debt upon a simple Contract, Defendant saith, it was upon Condition, and shall say, without that, that he sold in manner and form. 4 H. 7. f. 9 Partition, Defendant saith, that he was only seized, and shall say, without that, that he held as undivided; 6 H. 7. f. 5. 4 H. 6. fol. 4. Debt against J. S. of D. Defendant saith, that he is dwelling at S. and shall say, and not at D. 19 H. 6. f. 1. the same. 7 Ed. 4. f. 16. Scire facias against a Parson for Arrearages of an Annuity, Defendant saith, that before the Writ purchased, he resigned to the Bishop of L. and so that remains in his hands, Judgement of the Writ, and it is no Plea, for it is but an Answer by Argument; and for that he shall say, without that, that he was Parson; day of the Writ purchased, or afterwards. 11 Ed. 4. fol. 4. Action upon the Statute of Rich. by J. Freestone, Defendant saith, that the Master of the College of Maidstone, and his fellow-brethrens let, etc. Plaintiff saith, at the time of the making of the Lease, there were not any fellow-brethrens of the said College, and this is but an Argument, and for that he shall say, without that, that the Master and his fellow-brethrens let. 14 H. 8. f. 29. Issue shall be upon Affirmative and Negative. 9 H. 7. fol. 13. Trespass, Defendant justifies for Fealty not made; the Plaintiff saith, it was not unmade, and good in the Negative. Material. Let us see what things are material in pleading, Evidence and Verdict, and otherwise, and what not. ACtion upon the Case in London, and counts that he was possessed of Wine and Stuff, and shows that certain in such a Ship, and the Defendant at London assumed for ten pounds, that if the Ship and Goods did not come safe to London, and are put upon the Land there, that then he shall satisfy one hundred pounds to the Plaintiff, and counts that aftewards the Ship was ●obbed upon the Trade in the Sea, and for not satisfying, Action did accrue, and though that the Plaintiff doth not show where he was possessed, it is good, and though it appear upon the Evidence, that the Bargain was made beyond Sea, and not in London, yet for that the place is not local, it is not material, and though they were rob upon the Sea, the Action lies in London upon the Assumpsit, 34 H. 8. Tit. 107. 40 Ed. 3. fol. 2. Praecipe, against H. Son of W. Osmond, the Tenant at the great Cape came before he saved his default, and saith, that his Father is named Edmond, and not Osmond, and shall have that Plea before he save his default, and that is material, for mischief of the Warrant: 40 Ed. 3. f. 48. 41 Ed. 3. fol. 15. Ravishment of J. Heir to his Father, where he was Heir to his Father and Mother, for the Lands were given to the Father and Mother, and to the Heirs of their two Bodies, and the Mother survived, and yet it is good, for the Action is personal, and it is not material if he be named Heir to one or other; 43 Ed. 3. fol. 4. the same. 3 H. 7. f. 14. Where a Jury appears, and notwithstanding the Distress, for the Jurors were not w●ll returned, it is not material, and for that it shall not be assigned for Error. 21 H. 7. fol. 36. It seems in the Case of a Lease of Common, except profits, that where a Lease is pleaded to be made one day, and it is found by Verdict to be made another day, the day is not material, and the party shall recover; and where Trespass is alleged to be made one day, and it is found to be made another, it is not material, but the party shall recover. 33. H. 7. f. 11. In an Obligation one is named of D. he is not estopped to say, that he is dwelling at S. and not at D. for it is a recital not material. 34 H. 6. f. 21. Debt against J. wikes at Bristol. 38 H. 6. f. 9 The Array was challenged, for that it was made at the denomination of the party by one J. S. the Sheriff's Clerk, and given in Evidence, that it was made at the denomination, by the Baillff of the Franchise, and that is good Evidence, for the substance and effect is, if it were made favourably or not, and the other is not material. 32 H. 6. fol. 3. The Original in Debt is two and forty pounds, and there is a Supersedeas sued upon that, for that the Defendant is Clerk of the Chancery, and the Supersedeas doth mention four and forty pounds, and yet for that he is a Clerk of the Chancery hath the privilege allowed, and the other is not material. 36 H. 6. f. 2. Debt upon a Recognisance, the Defendant pleads no such Record, and it is certified Recognisance upon Condition not expressed, and the Plaintiff shall recover, otherwise it is, if it were certified upon Condition therein. 42 E. 3. f. 3. Covenant by one as Heir, where a Covenant was made to his Father and his Heirs, to sing Divine Service within his Manor, he need not to be named Heir, whether he be named Heir or not, it is not material, for if he be Tenant of the Land, it shall not abate for that, for he that hath the Manor shall have this Covenant, for the thing is to be done upon the Land; 44 Ed. 3. f. 38. 44. Ed. 3. fol. 45. Assize of Tenements in Belham, Defendant pleads Recovery of the same Lands put in View in Eston, and for that, that the Town is not material in Assize (for he shall recover by View of the Jurors) is good. 6 H. 7. fol. 6. Appeal against J. Hasset, Cannon of the Monastery of W. the Defendant saith, no such J. Hasset Cannon of the Monastery of W. it is not good, for if he be Cannon or not, it is not material, but no such J. Hasset as is supposed by the Writ; 10 H. 7. f. 27. 3 E. 2. tit. Escheat 8. In Escheat, the plaintiff counts that his Tenant committed Felony, for which he was attaint, and the count was challenged, for that he doth not say for what Felony, and yet it is good, for it is not material for what Felony it was. 7 H. 4. f. 1. Debt by a woman, Defendant pleads that she is outlawed at the Suit of J.S. and the Plaintif pleads no such Record, and she was outlawed at the Suit of N.S. and she shall not be answered, for it is not material at whose Suit she was outlawed. 4 Ed. 4. fol. 29. Obligation is W.N. to be bound to J.S. and is to be paid to W. N. where it should be J. S. and this to be paid is not material, for the Obligation is good without, to be paid, and may count solvendum J. S. and it is good. 7. Ed. 4.5. Hominereplegiando, by an Abbess, they were at Issue, and it is a principle challenge, that one of the Jury was cousin to a Nun of the Abbess, and it shall be tried if he were Cousin or not, and it is not material how he is Cozen. 9 Ed. 4. fol. 4. A man is bound in an obligation, the condition of that is, if he go to the Church and marry his Daughter, etc. and he rides and marries her, that sufficeth, and the other not material, for the Marriage is the substance, and not going, or riding to do it. 10 Ed. 4. fol. 13. Detinue, against J. Curson and the writ was, command J. Curson, Son and Heir of J. Curson, where in truth he was Son of William Curson, and the Plaintiff counts of delivery of Goods, and for that it is not material. 12 Ed. 4. fol. 1. Trespass of Goods taken, the Defendant saith that in London there is a Market every day but Sunday, and that J.S. sold them to him upon a Friday, and though he do not show what year, it is good, for it is not material. 22 Ed. 4. tit. 128. Showing of Deeds, trespass by Admistrator, and counts of Goods taken out of his own possession, he need not show Letters of administration, for that it is of his own possession, and is not material. 38 Ed. 3. tit. 14 Detinue of writings, by J. Son of T.W. it is no Plea that the Plaintif is a Bastard, for he demands but Chattels, whereof he was in possession, and it is not material. 15 H. 7. f. 11. Trespass, where the Defendant conveys to him title by divers scoffments of strangers the Plaintiff may traverse any which he will, but if he convey any title from the Plaintiff himself, that is more material and traversable. 3 Ed. 4 fol. 19 Trespass, the Defendant saith that J.S. gave in tail to his Ancestor, which died seized, and this descended to him, the Plaintiff saith that he was seized in Fee, in right of his Church, till the Defendant outed him, and aught to traverse without that, that J.S. gave in tail, etc. For this is most material, 15 Ed. 4. fol. 2. the same. 26 H. 8. f. 1. The King recites that for the good service that he had done in the Wars, he grants, where he was never in the Wars, it is a good grant, for the recital is matter in deed, not material. 9 H. 7. fol. 7. If the King make a Denizen, and recite that where he was borne in France, where indeed he was borne in Spain, this grant and making him Denizen, is a good grant, and the recital is not material. 3 H. 6. fol. 9 Where process is miscontinued, and Judgement given by default, this Judgement upon miscontinuance is error, and may be assigned for error, but where it is miscontinuance of process, and the party appear and pleads, and Judgement upon Verdict is given, this cannot be assigned for error. See, 3 H. 7. f. 8. 1 H. 7. f. 12. Error was assigned, for that it was contained in the Record, that in base Court the Entry was, that the Court was held upon Tuesday, that is the third day of March, where Monday was the third day of March, and this was adjudged error, and the (Videlicet, etc.) material. 4 H. 7. f. 6. Where one is named Executor, where that name Executor is not material, the Writ shall not abate. 17 Ed. 4. f. 2. Where the Defendant in trespass pleads, that the plaintiff bargained and sold to him ten acres of Corn, though he do not say ten Acres sown with corn, it is not material, for it is usually so called, and a good Plea. 1 H. 7. f. 21. A certain Memorandum was entered, that is to say, Memorandum that Simon Wiseman came this 31 day of November, this Term of S. Michael. 2 H. 7. f. 11. If process be miscontinued, and the party appear and pleads to the Issue, and Judgement is given, there the miscontinuance is not material, and is no Error. 9 Ed. 4. f. 42. Trespass of a Bag taken with Money, the Defendant saith, that the Plaintif was indebted to him in a certain sum, and delivered that unto him for discharge, and is good, though he do not show for what cause he was indebted, for this is not traversable, and for that is not material. Manner and Form. Manner and Form, where it is material, and where not. MAaintenance, The Defendant justifies, for that, that he is his Neighbour, and informed him of a man learned in the Law, The Plaintiff saith, that he gave money, the Defendant saith, that he did not maintain in manner and Form, and it is no Plea without answering to the special matter, 13 Ed. 4.14. Trespass, The Defendant saith, that the Plaintiff is Villain regardant to the Manor of D. the Plaintiff saith he is free, and not Villain in Manner and Form, and Manner and Form is not material, but if he be a Villain, or not, 13 Ed. 4. f. 4. Debt of the sale of a Horse for sorry Shillings, (where the Bargain was for two Horses) the Defendant pleads, that he oweth him nothing in Manner, and Form: the Jury ought to find for the Defendant, for that, that the Bargain was for two Horses 40. s. and Manner and Form there is material, and parcel of their Charge, and so it is in every Case, where the Action varies from the Bargain, 21. Ed. 4. f. 22. Debt upon sale simply, the Defendant saith, that the Sale was upon condition, without that, that the Plaintiff sold that in Manner and Form, and is good, 1 H. 7. f. 13. Trespass, the Defendant justifies, for that the Plaintiff held of him by Homage, Fealty, Suit of Court, and ten Shillings four pence, the Plaintiff saith, that he held by Fealty, and ten shillings, without that, that he held in Manner and Form, and found by Verdict that he held by ten Shillings four pence, and not by Homage, and the Plaintiff had Judgement for that, that part is found against the Defendant, and Manner and Form is not material, 31 H. 6. f. 12. 9 H. 7. fol. 12. Entry in Casupro viso, and Counts of alienation in Fee, the Defendant saith, that he did not alien in Manner and Form, as the Plaintiff hath counted, and found that he aliened in Tail, the Demandant shall recover for (Manner and Form) are but words of Form here, but whether he aliened or not, is the substance, Littleton, fol. 113. Lord and Tenant, and the Tenant brings Trespass against his Lord, and Justifies for that, that he held of him by Fealty and Rent, and for the Rent behind, that he took his beasts, and demands Judgement of the Wri●, (by force of Arms) against him, the Plaintiff saith that he doth not hold of him in Manner and Form, and though it be found, that he holds by Fealty only, yet the Writ shall abate, for (Manner and Form) is not material, Littleton f. 113. Trespass of Battery; or of goods taken, the Defendant pleads not guilty (in Manner and Form) as the Plaintiff supposeth, and is found guilty in another ●own, or at another day, yet the Plaintiff shall recover, Littleton fol. 114. Action upon the Case, by a Husband alone, upon an Ass●●●●t to him by Tatam, the Defendant saith, he did not allume in Manner and Form, and the Plaintiff gives in evidence of an Assampsit made to his Wife, and his agreement afterwards, and it is good, and (Manner and Form) is not material, 27 H. 8. f. 29. Cessavit, That the Defendant held divers Lands by entire Service, he may plead, that he held not in (Manner and Form) and give in evidence, that he held by several Service, and it is good, 10 H. 7. f. 24. An Array of a Pannell, was challenged, for that it was made by the Sheriff, Cousin to the Plaintiff, and shows how he is Cousin, the other saith, he is not Cousin in (Manner and Form, as, etc.) and he is found Cousin, but this is found to be in another Manner, and yet good, for (Manner and Form) is not material, 19 H. 8. fol. 7. Assize, the Tenant pleads a Feoffment of J.S. by Deed, the Plaintif entitles him, without that, that J.S. enfeofed him in Manner and Form, and could not give in evidence a Feoffment without Deed, and traverse that with (Manner and Form) is good to avoid a Negative pregnant, and in Sine assensu Cantuli, the Defendant shall not say, that he did not alien without the consent of the Chapter, but that he did not alien in Manner and Form to avoid a pregnant Negative, 22 Ed. 4. f. 4. Negative Pregnant. Where a Negative pregnant may be, and where not. WAste, The Defendant saith, that he did not let to him for years, it is no Plea, for it is a pregnant Negative, but he shall say that he did not let at all, 43 Ed. 3. f. 13. Action upon the Statute of Rich. he did not enter against the Form of the Statute, is good, though it be a pregnant Negative, for that, that it traverseth the point of the Writ, 31 H. 6. f. 12. Consimili Casu, Issue was, if he aliened in Fee, or not aliened in Fee, which is a pregnant Negative, and allowed, the reason is plain, 38 H. 6 f. 3. Lord and Tenant, the Tenant pleads a Feoffement made before the Statute of (quia em tores terrarum) after the time of memory, and the Lord said, that he did not give after the time of memory, and is good, notwithstanding it be a pregnant Negative, 39 H. 6. f. 8. Debt upon Obligation, the Condition to repair a House, and saith, that A. disturbed him by the Plaintiffs command, the Plaintiff saith, that he did not disturb him by his commandment, and it is a pregnant Negative, and double, and for that saith, that he did not command him, and took the other by Protestation, 9 H. 6. f. 44. Debt upon Obligation, the Defendant saith, it is endorsed upon condition, to be at the arbitrement of B. so that it be delivered to the parties, before such a day, the Defendant saith, that the Arbitrators made no such Award, and delivered to the parties, and it is good notwithstanding, that it be a pregnant Negative, for that it is Condition, and is the whole Condition: 10 Ed. 4. fol. 6. Debt upon the statute against a Vicar for taking Farms, he had not, nor held not, against the form of the statute, is good, though it be a pregnant Negative, for that it is to the point of the statute, 27 H. 8. f. 25. Action upon the Case against a common Inholder of his Goods taken, where they were laid; the Defendant saith, that they were not taken in default of him, nor of his Servants, and it is not good, for it is a pregnant Negative; the same Law is, where the Defendant saith, that he delivered to the Plaintiff the Key of his Chamber, and he carried A. and B. with him, which carried out the Goods, the Plaintiff saith, that A. and B. which he brought in with him did not carry out his Goods, and it is not good, for it is a pregnant Negative; 22 H. 6. fol. 22. Waste of ten Oaks, the Defendant saith, that the Plaintriff gave them to J. S. and commanded the Defendant to cut them, and to give them to J. S. which he did 〈◊〉 the Plaintiff saith, he did not cut them by his dommandement, and it is not good, for it is a pregnant. Negative; and for that he saith, that he did not command; 21 H. 6. fol. 49. Action upon the Case of his House burnt in dosa●●● of good keeping the Fine of the Defendant; the Defendant saith, that the House was not burnt in default of his good keeping of his fire, in manner and form, and it is a pregnant Negative, and was pleaded in Ariest of Judgement, for that, that in this are comprised two Sentences, one that the House was not burnt, the other that it was not in default of the Defendant; 28 H. 6. f. 8. Obligation. Here I intent to show to you how the Condition of Obligations ought to be pleaded, performed. WHere one pleads Conditions performed, and his Plea is in the Affirmative, he ought to plead in certain, as where the Condition is to discharge the Obligee, it is no plea to say, that he hath discharged him, but he ought to plead now he hath discharged certainly; 5 H. 7. f. 8. & 6 H. 7. f. 5. But if the Condition be to save him without damage, to plead in the Negative, (he was not damnified) is good; 7 H. 4. f. 13.38 H. 6. f. 14. & 10 H. 7. f. 13. By Hussey, if Condition be to save the Plaintiff harmless, to plead (he was not damnified) is good: but it the Condition be to discharge or acquit him, he ought to plead how specially he hath acquitted and discharged him; 22 Ed. 4. f. 43.35 H. 6. f. 13. & 40 Ed. 3. f. 20. If the Condition be, that if the Defendant acquit the Plaintiff against J. S. and he pleads that J. S. released to the Plaintiff at his request, and this is a good Acquittal, 1. H. 7. f. 30. Condition was to discharge a Sheriff, it was held clear, that the Defendant shall say generally, that he hath discharged him, without showing how, for he cannot show special discharge, where there was no Charge, I suppose this was, for that it was infinito●▪ 〈◊〉 Ed. 〈◊〉 f. 10. & 21 H. 7. fol. 30. Condition that if he keep J.S. discharged of all Escapes of all Felon in such a Prison, the Defendant saith, there were but two Prisoners, that is, J.S. and R.K. and that he was not damnified, and a good Plea. If the Condition be to gather all the green Wax of the County, the Defendant may plead generally that he gathered all, without showing specially what that is, for that, that it is infinite, 2 H. 7. fol. 15. If Condition be that if the Defendant serve the Plaintiff, without absence for seven years (special licence excepted) the Defendant may plead that he hath served the Plaintiff this seven years; and not absented himself (special licence excepted) and it is good, for it may be he hath licenced him divers times, and he need not show all, 6 Ed. 4. fol. 2. If the condition be, that if the Defendant find sufficient Meat, Drink, and Apparel to one, till he be of the age of twenty four years, it is a good Plea to say, that he hath found him, Meat, Drink, and Apparel sushcient at D. for all the time aforesaid, without showing in special what Meat, and what apparel, and the Plaintif takes Issue, that he did not find to him sufficient Apparel: And took not Issue upon all for doubleness, 12 H. 7. f. 14. If condition be, that if the Defendant shall not prove that J.S. was not presented and instituted to the Church of D. that then, etc. The Defendant may say that J.S. was not instituted, and it seems good, for the condition is negative, and therefore it sufficeth to say as above in the negative. The same Law is if the condition were, that if the Defendant prove that he oweth nothing to the plaintiff, it sufficeth to say he owes nothing: The same Law is, if the condition be, that if I prove my Wife not guilty of such a Trespass, it sufficeth to say that she is not guilty, 15 Ed. 4. fol. 25. If the condition were, that if he prove within one year, that it was the will of J.S. to say that J.S. made this Will, which he brought to the Plaintif within one year written, is not good: But by 3. Justices, proof of that by two Witnesses to plead that, is good, though it be not by Jury, 10 Ed. 4. fol. 11. If the condition be, that if he do not enter and claim the House, the Defendant may plead that he did not enter nor claim that, and the Plaintiff shall say that he claimed and show the manner of that, 4 H. 7. f. 13. Condition, if the Defendant make an estate to the Plaintif before P. as it shall be demised by the Council of the Plaintif: The Defendant may plead that, the Council gave no advice, or no advice was given by Council, and good in the negative, and the plaintiff then in the affirmative cannot say that the Council did give advice, but he ought to show certainly who was of his Council, and say certainly what advice was given, 6 H. 7.3. & 11 H. 7.23. accordingly. Condition to pay all the arrearages, of all the Lands which he holds of the Plaintiff in D. it is no Plea that he hath paid all generally, but he ought to show specially to what sum, for that, that it is in the affirmative, 20 H. 6. fol. 33. Condition to pay a Lesser sum at the Feast of P. If the Defendant plead that he hath paid it, he ought to plead what day he paid it, 46 Ed. 3.29. & 47 Ed. f. 13. Condition, that if the Defendant carry all the Thorns out of the Land let to him by the Plaintif, the Defendant may plead generally, that he hath carried all, for that, that it lies in notice of the plaintiff, and the Plaintif saith, that so many were, which were not carried. But if the condition were to infeoff the Plaintif of all the Land, of which the Father of the Defendant died seized, or to give to him all the Money in his purse, there he ought to plead how much that was, for that, that it is in the affirmative, and it lieth more in the knowledge of the Defendant then in the plaintiff, 12 H. 8. fol. 7. Debt by the Sheriff upon an obligation, the Defendant saith it was endorsed upon condition, and saith, he hath, performed all the condition, and it is a good Plea: And the Plaintiff, that he hath not accounted, and that is no Plea, but that, such a thing came to his hands for which he hath not accounted, that the Issue may be upon certainty, 2 R. 3. f. 17. If the condition be to perform all the Covenants in an Indenture, the Defendant cannot plead that he hath performed all generally, but he ought to plead how specially he hath performed every Covenant, 26 H. 8.6.11 Ed. 4.12. 13. H. 7.18. and, 6 Ed. 4. fol. 1. But at this day it is used in the same case, in debt upon an Obligation endorsed to perform the Covenants in Indentures, that the Defendant recits the Indenture, and in the end he pleads, that he hath generally performed all the Covenants. And then the Plaintiff ought to show breach in one, and upon that Issue is taken. If condition be, to stand to the award and abitrement of certain Persons: it is no Plea for the Defendant to say, that he had no notice of any Award, but if it were (so that it be delivered to the parties in writing) the Defendant may plead that no Award was delivered to him in writing, 1. H. 7. f. 5. If condition be, that if the Defendant shall stand to the Arbitrement of J.S. the Defendant may plead that he hath not made any Award, and the Plaintiff shall say, that he hath made one, and show what it is, 2 R. 3. f. 13. Pleading by Name. REversion is devised, by the name of all Lands and Tenements in D. and good, 34 H. 6. f. 6. Lease is made of his Lands in Bodehill, and by ancient evidences, parcel of that is in D. he may plead his lease and give in evidence, that all was let by the name of Bodehill, 20 Ed. 4. f. 9 Where Margery and her Husband levied a Fine by the name of Margaret, and the Tenant may plead that Margaret by the name of Margery acknowledged the Land by Fine. And also it is that Agnes by the name of Ann levied a fine, Fitzh. f. 97. A One cannot give Land by the name of the Oshee of the Forest, 10 H. 7. f. 17. That J.S. by the name of J.D. in grant is good, and by the name Hastings, Hasting, 9 Ed. 4. fol. 43. Obligation was J. Boson and an Acquirtance J. of Bozon with a (z) and this was pleaded to be made by name, 14 H. 4. fol. 30. Precedents. For that, that Precedents are to be followed, something shall be said touching them. Sanders chief Baron saith, the best Interpreter of the Law is Custom, and for that, that the Precedents, and the Accounts of the Exchequer, prove that from time to time, custom and usage hath been, that the Kings of this Realm have had the profits of such Mines of base metal containing Gold and Silver, without disjunction, that the value of the Gold and Silver shall be greater or less▪ and upon the Precedents it was adjudged, for the King against the Earl of Northumberland, in the information of Mines of Copper, mixed with Gold or Silver, Plowden fol. 336. It is said in Assize, for that, that it is (hath showed to us) where it should be (hath complained to us) because of the form and precedent, it shall abate, and so it is where it is (he hath disseised him of four Acres) where it should be by the Precedents (of his ) it shall abate, 11 H. 6. f. 25. Venire sacias, The Sheriff returns (that he hath made to come) 12. and yet to return 12. is not good for the Precedents are twenty four, and so ought he to return twenty four, 2 H. 7. f. 8. 27 H. 8. fol. 16. One challenged the Array, and doth not verify his challenge, and he need not, for Precedents are so, and the Justices would not change the Precedents. 7 H. 6. fol. 30. In the King's Bench you shall not have a Habeas Corpora juratorum, but a Ven●re facis and distringas. 39 H. 6. fol. 32. M●sne, and counts that he held of the Mesne, and that he ought to acquit him, and doth not count that the Defendant held over, yet for that, that there were Precedents of that shown: It was held good. 6 H. 7. fol. 15. Assize 1. The Tenant pleads no wrong by Bailiff, and yet continuance was not between Plaintiff and Bailiff but between plaintiff and Tenant, and so were precedents, and for that said to be good. 11 H. 7. f. 11. Where the Tenant pleads by Bailiff in Ass. he may after plead in proper person, matters in writing, or of Certificate, for Precedents are so. 16 H. 7. f. 8. Cui in vita, The Writ was which he claims to hold to him and the Heirs of his Body, without showing of whose gift. And the opinion of the Court that it is good, but when the Register was showed to be contrary, the Court changed their opinion. 33 H. 6. fol. 22. Praecipe, at the great Cape returned, the Tenant saith that he was not summoned, ready by the Country, but say that he shall be tried by wager of Law, for so are ancient Precedents, which shall not be changed without special matter, as against Mayor and Commonalty, which cannot wage their Law. Forcible Entry of 8 H. 6. and counts of Entry with force, and keeping with force, where the Statute is in the disjunctive, but for that, that there are Precedents in this Manner, it was allowed, 3 Ed. 4. f. 21. Debt against Executor, for that, that the Writ was Debet, & detinet, where the Precedent is Detinet only, it shall abate the same Law, where it is Precipe quod solvat, where it should be Reddat, it shall abate, 22 Ed. 4. f. 21. Debt upon the Statute of Farms, against a Priest, the Writ shall not be quod reddat to the Plaintiff, the sum so much, but it shall be quod reddat as well to us, as to the Plaintiff, otherwise the Writ shall abate, for it is not according to the Precedents, 27 H. 8. f. 23. Two Infants alien in Fee, and one dies, the other shall have dum fuit infra Atatem, of the who●e, supposing that he himself aliened the whole, for that there is no other Ferm of the Writ, 21 Ed. 3. f. 50. If Tenements be let to one man for Term of half a year, or for a quarter of a year: In such Case, if the Leffee make Waste, the Lessor shall have a Writ of Waste, and the Writ shall be (which he holds for Term of years) for that there is no other Form of the Writ, but he shall have a special Count, Litileton f. 14. So the Writ of Waste is, that he made Waste, and yet may count of many Wastes, for that, that there is no other Form and Precedent of a Writ, 4. H. 6. f. 11. Trespass, why with force and arms, his goods and chattels to the value, etc. where it is of dead things, and if he counts of Horses, or Kine, where the Writ is, (goods and chattels) it shall abate, for that, that the Form is otherwise, and if the Writ be of things living, he shall make metion of that in his Writ, that is to say, by force, and arm●, four Tenches, or four Pikes, he took, or shall say, he took his beasts, and where it is a Horse, it shall be, (he took his Horse) or he took his Cow, 2●. H. 6. f. 39 Trespass, if the Writ be, that he took his goods, and Chattels, and counts of ten pounds in money, the Writ shall aba●e; for of money the Writ is, that he took so many penc●, and that is the Form 39 Ed. 3. f. 23. Trespass, by the Husband and Wife, The Writ was, he broke the Close of the Wife, and the graft thereof the said Wives, did ●atdown, and the Declaration was, whilst she was unmarried, and the Writ was awarded good, for the Register is accordingly, 21 H. 6. f. 30. Trespass by the Husband and Wife, why by force and arms he took his Goods and Chattels, and counts that the Trespass was when she was unmarried, the Writ shall abate, because he may have a Writ of Form, that is, the Goods and Chattels of the said Wife, and not his Goods and Chattels, 7. H. 7. f. 2. Where Battery is made to a Woman unmarried, which takes a Husband, they shall have an Action, that he struck D. his Wife whilst she was unmarried, 22 Book of Ass. 87. But where an unmarried Woman bea●s another, and after she takes a Husband, the Writ shall be that they both made the Battery, and this is the Form. A Woman diffeises one, and after takes a Husband, the Writ against them shall be, that they disseised the Plaintiff, and not that the Wife whilst she was unmarried disseised him; but if the Woman unmarried be disseised, and after takes a Husband, and they bring an Assize, in shall be, disseised her, whilst she was unmarried, 4 Ed. 4. Br. Tit. False Latin 1. What is the same. Where in a Trespass or Action of that nature, one justifie●●● Wrong, where he ought to conclude, that it is the same, and where not. ACtion upon the Case for threatening his Tenants at will, by which they left the it holdings; the Defendant saith, that the Plaintiff disseised him, and that he shid to him, of he would not departed, he would sue him a● the Law would, which is the same threatening, and it is good, 9 H. 7. f. 7. & 16 Ed. 4. f. 7. 28 H. 6. fol. 4. Defendant in Trespass justifies, for that, that he and his Ancestors Tenant of such a House and Land, have had a way in the place where, etc. to the Market and Church of D. time out of mind, by which they used the way, which is the said Prospasse, etc. 21 H. 6. fol 5. False Imprisonment, Defendant justifies; for that the Plaintiff was arrested by a Justice of Peace his Warrant, and carried to him being Gaoler, which is the same Imprisonment. False Imprisonment against an Abbot, which justifies that he gave counsel to J. S. being in fear of his life, to go to a justice of Peace for a Warrant of the Peace against the Plaintiff, and that by virtue of a Warrant of the Peace so had, the Plaintiff was arrested, which is the same Imprisonment, and this he cannot say, for this is not Imp●●sonment by the Defendant, and for that the general Issue was entered: 12 H. 7. f. 14. False Imprisonment by a Woman, the Defendant saith, that she is carried to Southwark by her consent, which is the same Imprisonment, upon which the Plaintiff counts, and it is no Plea; for Imprisonment is against the will of one, and that is not so; 14 H. 6. f. 2. Trespass of Assault, Battery, and wounding, the Defendant saith, that he laid his hands upon the Plaintiff peaceably, and arrest the Plaintiff the same day and place by a Warrant, which is the same Assault, Battery, and wounding, and held it is no Plea for the reason aforesaid; 21 H. 7. f. 49. Trespass of a Close broken such a day, the Defendant justifies that the Plaintiff licenced him the same day to enter, and need not say, that it is the same Trespass, for that it is the same day; but if he justify at another day, ●●at another place, than he must say, that it is the same Trespass; 21 H. 7. f. 39 The same Law is of Goods carried out, if the Defendant justify at the same day and place; and so in ●●●p●sse of Battery, if the Defendant justify, for th●● the 〈◊〉 day and place the Plaintiff made Assault on him, 〈…〉 he had; was of his own Assault; he need not in these Cases to say, it was the sam● Trespass. But in Trespass of Goods taken the first year, etc. the Defendant pleads all the Record, and saith, that one J. S. recovered, and that year the ninth, by virtue of a Precept to make Execution he took them, which is the feign taking, upon which the Plaintiff, etc. and this is not good, for it cannot be the same; 12 H. 6. f. 3. by Co●esmore. False Imprisonment, the Defendant justifies as Sheriff, that he arrested the plaintiff by a Capias, and it is good, if he shy that is the same Trespass, and otherwise it is not good●; 22 Ed. 4. Br. False Imprisonment, 29. False Imprisonment, the Defendant saith, that he took the plaintiff from Jack Cade and other Rebels, and delivered him to the Mayor for his safeguard, which is the same Imprisonment, and that is good, for that was the Imprisonment, but justifiable; 35 H. 6. f. 53. Conspiracy, the Defendant justifies, for that, that he is Steward, and that in a Leet was presented, that the Plaintif is a Felon, and that he shown his Rolls to the Justices at the Session, which commanded him to show that to the Jurors, which inquired for the King, which he did, and saith, that that is the same; for by Englefield, when the Defendant pleads a Conspiracy, which is justifiable, he ought to show that it is the same Conspiracy; 27 H. 8. fol. 2. Annuity is brought of six and twenty shillings and eight pence, the Defendant saith, that he held of the Plaintif by six and twenty and eight pence of Rent, which is the same Rent, and is not good, for it cannot be the same; 33 H. 6. f. 38. Debt upon Obligation, the Defendant saith, it was made by threats, the Plaintif saith, that he let the Land to the Defendant, rendering Rend, and saith, if he would not seal the Obligation to him for the Rent behind, he would sue him at the Common Law, which is the same threatening, and it is no good Plea, for this is lawful, and not a threatening; 16 Ed. 4. f. 7. Br. Tit. Duresse 23. Maintenance, the Defendant saith, that he carried the Money of him, which the plaintiff supposed he maintained, to his Counsel, which is the same Maintenance, and this is no plea, for this is no Maintenance, 34 H. 〈◊〉. fol. 19 Replication. Where a faulty Bar is made good by Replication, and where not. Trespass, the Defendant pleads an Agreement to pay Money, and to make Windows, and said, that he paid the Moneys, and nothing of the Windows, and the Plaintiff replied and said, no such Agreement, and yet the Plaintiff in Barr pleaded an Agreement, and that not executed, is not made good by the Replication, for the Bar is not good, to no intent, and the Replication cannot make that good, 6 H. 7. f. 10. But count where a Bar may be made good by a Plea of the other party, where the Count or the Bar is uncertain, as where the Plaintiff counts of an Obligation in Debt, and doth not count where it was made; and the Defendant pleads Release, and acknowledge it, and the Conisee, where the place should be in is now outed, and need not to have that; the same Law in Trespass, where a man pleads Arbitrement, and doth not show the place where the Submission was that is not good: but if the Plaintiff reply, and saith, that he discharged the Arbitrators before the Award, now it is good, for that which was ill is now confessed, 10 H. 7. f. 24. & 20 H. 7. f. 12. By Hussey, if one plead Joint-tenancy, day of the Writ purchased, it is not good, for that he might be sole Tenant after, if the Demandant saith, sole Tenant, and doth not demur, it is made good by Replication, 5 H. 7. f. 14. The same Law if in Debt against Executors, they plead nothing in their hands, day of the Writ purchased, and do not say, nor ever after, the plea is not good: but if the Plaintiff reply, and say, that they have Assets, and that is found, he shall have Judgement, 3 H. 7. fol. 8. accordingly. False Imprisonment the tenth day of May, the Defendant saith, that the Plaintiff made an affault in the Court before the Steward, and for his disturbance of the Peace in the Court, he was committed to ward, the Plaintiff saith of his own wrong, without such cause, and now though the Defendant hath not showed what day the Court was, yet by the replication it is made good, for now the day is not material, 21 H. 7. f. 32. If double Plea be pleaded, and the Plaintiff replies, and rakes Issue of one matter, and that is found, he cannot after plead in arrest of Judgement, for by the Replication it is made good, 18 Ed. 4. fol. 17. Debt upon in Obligation, the Defendant pleads a defeasance, which is, that if the Defendant deliver to the Plaintif in London certain Clothes of Kersey of as good Stuff, and of as good making, as before these times have been made in the Town of D. in the County of Derby, that then the Obligation should be void, and saith that he hath delivered to the Plaintif in London the Clothes of as good, etc. According to the condition, and this Plea is not good, for that, that it cannot be tried, for those of London cannot try if they were as good, etc. But the Plaintif replied, and said, that the Plaintif did not deliver to us any manner of Cloth in London ready, etc. and now by the Replication it is good, 22 Ed. 4. fol. 2. Debt, the plaintiff counts upon a Lease for term of years, and doth not show where it was made, and the Defendant traverses the Lease, and the plaintiff replies, and joins Issue, and after acknowledges the action, and after pleads in arrest of Judgement, for that the Plaintiff hath not declared in what place the Lease was made, and yet he had Judgement; for when the Defendant hath in Barr gainsaid the Lease, he hath admitted the count good, 18 Ed. 4. fol. 17. And in Debt, if I Plead the Release of the plaintiff, and do not show where it was made, and the plaintiff replies, and pleads not his Deed, the Plea of the Defendant, is made good by his Replication, Br. title Repleader 38. Annuity for Counsel given, and to be given, and counts that he hath given to him Council, in doing his businesses, and though he do not show in what businesses it is good, for if the Defendant saith, that he doth not give to him Council against the Plaintif in his replication, he may show in what things he gave Council, and so the replication hath made all good, and the Count was good generally, 39 H. 6. fol. 33. By Vanisor, Replication may make an ill Bar good; as I plead in Barr grant of Reversion, and omit attornement, if the plaintiff reply, and confess and avoid the grant by special matter, then is the Bar good, 11 H. 7.24. By Read, in Debt against one as Executor, which pleads nothing in their hands day of the Writ purchased, which is no Plea, for that, that he may have assets afterwards: But if the plaintiff reply that he hath assets and that found by Verdict, is good, 6 H. 7. fol. 6. The same Law, if the Tenant in Praecipe plead non-Tenure, day of the Writ, and the plaintiff replies, that he was Tenant. And now though by the statute of, 32 H. 8. chap. 30. It was enacted, that if any Issue be tried by the Oath of 12. in any of the King's Courts of Record, that Judgement shall he given, any mispleading not having colour, insufficient pleading, or Jeofaile, not worrant of Attorney put in any misconstruction, or discontinuance, misjoyning of Issue, or other default, or negligence of parties, their Counsellors or Attorneys had or made to the contrary notwithstanding, and that the Judgement shall be in force, and shall not be reversed by Writ of Error. And yet at this day, one may plead in arrest of a Jury, and say that you ought not to take this Inquest, notwithstanding this Statute. Conspiracy against two, one in the year, 42 Edw. 3. hath pleaded to the Jury, and the other, 43 Edw. 3. pleads in Abatement, and now in, 48 Ed. 3. the first takes Nisiprius, and cannot have it before the Court be advised, if the Writ be good, for though that the other hath accepted the Writ good, yet if the Writ doth not lie in the case, the Writ shall abate against one and the other, by, 43 Ed. 3. f. 10. The same Law notwithstanding the Statute of 32 H. 8. aforesaid. Debt against two Fxecutors, one comes at the Pluries and pleads fully administered, and after comes the other by Exigent, and pleads to the Writ that 3. others are Executors, which have administered not named, Judgement of the Writ, and for that, that the Plaintif hath replied, that the two alone are Executors, the Defendant for that may plead this matter, in arrest of taking of the first inquest upon the first Issue, for by the replication to the second Plea, he hath waived the advantage of the first plea, where it was sufficient for all, by reason of the Statute, which will, that he that first shall come by distress, shall answer, 7 H. 4. f. 12. Brook Executors 46. and this is good at this day, notwithstanding the Statute aforesaid of Jeofailes. Several Tenancy. SCire facias, of a Fine of Rend Service against many Tenants, one saith that The came to a House, parcel of the Tenements, whereout the Rent in Demand is supposed to be Issuing, by itself, without that, that the other have any thing, Judgement of the Writ, and that another holds four Acres parcel of the Land, whereout the Rent in demand is supposed to be issuing by itself, and it is good, 5 H. 5. f. 4. otherwise it is of a Rent-charge. Scire facias against J. S. J. D. and three others, J. S. saith, that he and one of the three held parcel jointly, and that the Ancestor was dead, day of the writ purchased, Judgement of the Writ, and J. D. saith, he held another parcel in Fealty; Judgement of the Writ, and the Writ brought against them in common was abated, 38 Ed. 3. f. 20. And note also, several Tenancy of parcel, shall abate all the Writ, 19 Ed. 3. tit. 18. 27 H. 8. f. the last, & 20 Ed. 4. f. 8. Praecipe against two of sixteen Acres of Land, one takes the Tenancy of twelve Acres, without that, that the other hath, etc. and vouches, and the other takes the Tenancy of the residue, without that, that the Plaintiff ought to maintain his Writ, 41 Ed. 3. f. 20 the other several Tenancy shall abate the Writ, 28 Book of Ass. 25. That he which pleads several Tenancy may vouch or plead over in Barr, and not conclude to the Writ. See, Br. title Brief 141 and 13 H 6. f. 26. Assize, several Tenancy is no plea, and the same Law in other actions where no land is demanded in cercaine, 24 H. 8. tit. 18. But see, 21 H. 6. f. 57 and 30 B. of Ass. 24. Dower, several Tenancy shall abate the Writ, ●9 Ed. 3. Brook 30. otherwise it is in Assize, 15 Ed. 2. tit. 1. & 14 Ed. 3. tit, Breif. 276. It seems that non-Tenure, and several Tenancy in Nuper obiit, against, 3, is no Plea, 7 H. 6.8. See, 13 Ed. 1. tit. 3. Fitzh: fol. 197. D. F. Quid Juris clamat, against three, which plead several Tenancy, and it was said that it behooveth that the Plaintif should maintain his writ, so he he did, 12 Ed. 3. tit. 9 Mortdancester, against 3. which say that they are Tenants in severalty, Judgement of the Writ. And for that, that the Assize found that one of them was Tenant in severalty the Writ abated, 8 Ed. 2. tit. 2. In, Per quae servitia, Several Tenancy is no plea, 12 Ed. 3. tit. 15. & 32 Ed. 3. tit. 7. Scire facias against two, one makes default, and the other pleads several Tenancy in abatement, and cannot, for that Seisin is to be awarded of half, 42 Ed. 3. fol. 8. See ●. Book of Assizes the 16. Precipe against two, one takes the Tenancy upon him, without that, that the other hath anything, and the other saith nothing, the Plaintiff need not to maintain his Writ, 37 H. 6. f. 16. & 18. Entry in the quibus against two, one pleads several Tenancy, and also over in Barr, and the other pleads in the same manner, and the Plaintiff need not to answer to the Bar, be it good or not, but he ought to maintain his Writ, for one ought not to recover upon an ill Writ, 12 H. 6. f. 4. He which pleads several Tenancy, without that, that the other named with him hath any thing, he need not conclude to the Writ, but vouch or plead in Bar, but the Demandant shall not answer to the Bar, nor to the Voucher, but aught to maintain his Writ, that they are Tenants, as the Writ supposes, 19 H. 6. f. 14. Traverse. Where he ought not to traverse, and where he ought, than what thing in the Plea shall be traversed. BY Hussey, in Praecipe, if the Tenant plead that the Land is ancient Demesne, and pleadable by a small Writ of Right close, and he need not take Traverse that it is not frank fee, for that, that the Writ is but a Supposal, 5 H. 7. fol. 13. And in Mortdancester, Tenant pleads joint-tenancy with the Father of the Demandant, and it is good without Traverse, that he is sole Tenant, for that, that this is but a Supposal; and by Tremail, fol. 14. of his Horse taken, the Defendant saith, that J. S. sold the Horse to him in an open Market, or that the Horse was waived, or Wreck, or such like, there he need not traverse, for that, that this is matter in Law; and if he takes Traverse he waives that matter in Law, 5 H 7. f. 6. accordingly, 2 Ed. 4. f. 9 & Ploughed. 23. A. By Hussey & Fairfax, where a matter indeed is alleged, by way of Bar, or in Covenant, than this aught to be traversed in every Case, unless it be for the mischief of Trial, as special Bastardy is alleged without Traverse, it is good for mischief of Trial, 6 H. 7. f. 5. otherwise it is of matter of Supposal, and in Assize the Tenant pleads a Feoffment of J. S. the Plaintiff saith, that this was upon Condition, and that J. S. entered for the Condition broken, and enfeoffed him, and so he confesseth and avoids, and for that he ought not to traverse; and in Precipe quod reddat, against J. S. he shall say, that he held jointly with J. D. not named in the Writ, and take no Traverse, for that, that it is but a Supposal; and in Trespass of Goods taken, the Defendant saith, they were the Goods of J. S. which made him and the plaintiff his Executors; the Plaintif saith, that the Testator devised, that after his Debts and Legacies paid, that he should have all the remainder, and saith, that such and such are paid, which are all; the Defendant saith, that such a Legacy was not paid, without that that the Plaintif allegeth were all, and he ought to traverse, for that, that it is a matter in deed. Trespass of Trees cut, the Defendant pleads, that J. S. was seized of an Acre whereof the Trespass is parcel in Fee, and let to him at will, and that he by his commandment cut the said Trees, and demands Judgement if Action, and this is no Plea without Traverse, that is, without that, that it is the Soil of the plaintiff, 5 H. 5. fol. 8. Trespass, the Defendant conveys that his Father was seized in Fee, and that descended to him; the Plaintif pleads that J. D. enfeoffed him, and aught to traverse, without that, that the Father of the Defendant was seized in Fee, 27 H. 8. f. 9 Trespass, the Defendant pleads, that the place where, etc. was his ; the Plaintif saith, that J. S. was seized in Fee, and let to him at will, and that the Defendant outed him, and disseised J. S. and that the plaintiff at the command of J. S. re-entered, and the Trespass mean between the reentry and the disseisin, and the Defendant maintains his Bar, and he ought to traverse the Lease, for that is most material, 11 Ed. 4. f. 3. Trespass, the most material matter shall be traversed; and for that if a Gift in Tail, and dying seized be pleaded in Bar in Trespass, the Gift is traversable, and not the dying seized; so in Trespass, if the Defendant saith, that a stranger was seized, and enfeoffed the Father of the Defendant, and that his father died seized, and that the Defendant entered as Son, and Heir, nothing is traversable, but the last dying seized, for that is the effect of his Bar, by Neale, 15 Ed. 4. f. 2. Trespass, The Defendant saith, that I was seized, and protesting died seized, and conveyed the descent to the Defendant; the Plaintiff saith, that M. enfeoffed him, by force of which he was seized, till the Defendant made a Trespass, and the Defendant saith, as above, without that, that the Plaintiff was seized at the time of the Trespass, but it is not good, for he ought to traverse, and to say without that, that M. enfeoffed him, for that is the effect of the Replication, 19 H. 8. f. 7. Trespass, the Defendant pleads his Freehold, the Plaintiff saith, that the Defendant let to A. for years, which granted his estate to B. which granted to him, the Defendant maintained his Bar, without that, that B. granted to the Plaintiff, and is not good, for he conveys from the Defendant himself, and that is traversable, and saith, without that, that the Defendant let to A. But where an estate is conveyed all by strangers, he may traverse one conveyance or other, 10 H. 7. f. 8. Assize, the Defendant pleads Bar, and the Plaintiff makes Title by a gift in Tail to his father, and dying seized of his father, the gift is traversable: but if it be by Feoffement of J. S. to his father, and dying seized of his Father, the dying seized is traversable, 9 H. 6.22. and 10 H. 4.1. accordingly. Mesne, and counts that he held a hundred Acres by Fealty, of the Defendant and he over, etc. the Defendant saith, that the Plaintiff held of him by Homage and Fealty, and aught to traverse the acquittal, & not the Tenure, 2 H. 5. f. 2. Trespass of close broken, the Defendant faith, that J. S. and J. D. were seized in Fee, that J. S. enfeoffed the Ancestor of the Plaintiff, and J. D. enfeoffed the Defendant, and so they hold as undivided, and the Plaintiff saith, that his Ancestor died sole seized of all, and this descended to him, without that he held as undivided, and it is no Plea, but he ought to traverse the Feoffement made by J.D. to the Defendant, for the Plea is as good without (So) and for that in this Case, that which comes after the (So) is not material, but whre it is material, it is traversable, and for that by Choke; Debt upon an Obligation, the Defendant saith, that he was a lay man, and not learned, and this Writing was read to him in place of an Acquittance, and so this Obligation is not his Deed, now this which cometh after the (So) is material, 32 H. 6. f. 16. Tit. Issue 9 Debt upon a Lease of four Acres, for four pounds of Rent, the Defendant demands Judgement of the Count, for that that the Plaintiff let the four Acres, and a rectory for the four pounds, and aught to traverse without that, that he let the four Acres only, etc. 35 H. 6. f. 38. and 18 Ed. 4. fol. 17. One avows for that, that the Plaintiff held an Acre of him by twelve pence, the Plaintif saith, that he held the same Acre, and another by six pence, without that, that he held of him by the same Services only, and it is not good, but he shall say, without that, that he held the said Acres in Manner and Form, 13 H. 7.25. One avows, for that, that he held two acres by twenty shillings of him, the Plaintif saith, that he held the two Acres and two others in the same Town, by the Services of twelve shillings, without that, that he held the two Acres only by the Services of twenty shillings in Manner and Form, as, etc. this seems good, 8 H. 7. f. 5. Where one justifies at another day than the Plaintiff alleges, and aught to traverse only, before the day of his justification, and where, before and after, where only after. Trespass against the Sheriff, of a Cow taken, the Desendant justifies, at the day after by a Precept he attached the Cow, and took her with him, without that, that he is guilty, before that Precept to him directed, and this seems good, 9 H. 7. f. 6. Trespass of imprisonment second day of May, the fourth year, the Defendant justifies the fourth day of August, Anno fourth aforesaid, by force of a Warrant of the Peace, etc. which is the same Imprisonment, without that, that he is guilty before that day, and it is doubted if he ought to traverse before and after, and there it seems if one plead his Freehold such a day, after without that, that he was guilty before, it seems good. 5 Ed. 4. fol 12. Trespass in Wood, 1. day of August, the Defendant justifies by prescription to have yearly, twenty cart load there betwixt Michaelmas and Christmas, and that such a day in November he took them, without that, that he is guilty before Michaelmas, and after Christmas, and good, And the Plaintiff saith, that he knowledgeth the day that he counted, and traverseth the prescription, and good, notwithstanding he doth not maintain the day that he traverseth; for it is in the election of the Plaintiff to maintain the traverse of the time, or to traverse the special matter, as in trespass, Anno 7. The Defendant pleads Release, Anno 6. without that he was guilty after the Release, the Plaintiff may say it is not his Deed, without maintaining the day. 10 Ed: 4. fol. 2. and 21 Ed: 4. fol: 79. the same of Release pleaded, without that he was guilty afterwards. Trespass, where one pleads a Release, or Arbitrement atano there day, he ought to traverse all the time after the Release, or after the Arbitrement; for all time before is extinct. But if he plead such a day, it is , there he ought to traverse all time before. And in Trespass of Corn taken the 6th day of July, the Defendant justifies as Parson the 10th of August, for that they were severed from the 9th, without that, that he is guilty at another time: but after the Tithes severed, and till they were dry, and it is good without traversing before and after, for it is yearly, and not certain what day of the year. The same Law where one justifies for Common after corn sowed, till cut: But otherwise it is for having Common from Lammas till Candlemas, there he ought to traverse all the time before Lammas, and after Candlemas. 12 Ed: 4. fol: 6. Trespass of a Close broken first day of May, Anno 8. the Defendant pleads that the Plaintiff enfeoffed him, the 4th of May the year aforesaid, without that that he was guilty before the said 4th. day. And the Plaintiff saith that he did not enfeoff him: and it is good, without maintaining the day which was traversed before. 15 Ed: 4. f: 23. If the Defendant justify by Licence at another day, he ought to say without that, that he is guilty before or after. 31 E: 4. fol: 9 Trespass of Battery, the Defendant justifies at another day before, yet he ought to traverse without that, that he is guilty before or after. 30 H: 6. fol: 4. Trespass of beating 1. day of July, the Defendant justifies in defending himself the 2. day of July, he ought to say without that that he is guilty before or after. 2 R: 3. fol: 16.34 H: 6. fol: 14. the same. and 19 H: 6. fol: 47. Where one shall traverse the Town, and where the County, and where not. Trespass, why he broke his Close, and took his Reeds in B. it is no plea that the place is in D. in the same County, and not in B. but he ought to justify in D. the taking, as by prescription for repairing his house, or any matter of justification, without that, that he took in B. 9 H: 5. fol: 9 and 4 H: 7. fol: 5 by Hussey. Trespass of goods in D. in the County of Middlesex, Defendant justifies at S. in the County of D. by commandment of J. S. in whom the property is, without that, that he is guilty in the County of Middlesex: 22 Ed: 4.38. Trespass of goods in one County, the Defendant may justify in another, and traverse the County. 7 H. 6. f: 37. Trespass of a Close broken in D. the Defendant justifies for common appendent in S. in the same County, he ought to traverse without that, that he is guilty in D. 4 H: 6. fol: 13. Trespass, why he broke his Close in D. in the County of Derby, the Defendant cannot justify in S. in the County of N. in manner and form, and traverse the County, but plead not guilty; for upon not guilty, the Jury cannot find him guilty in another Town in another County: but in another Town in the same County they may, and for that he ought to traverse. But in trespass of goods taken, or of Battery in D. the Defendant may justify in S. in the same County without travers. 9 H: 6. fol: 62. Trespass of Fish taken in a Close in little Henberry, the Defendant justifies in great Henberry in the same County, without that, that he was guilty in little Henberry, and it is good. 19 H: 6.8. and 20 H: 6.29. Trespass of Assault, Battery, and Imprisonment in D. the defendant justifies in S. in the same County for helping a woman, which the Plaintiff would have robbed at S. and it is good, without traverse, that is, without saying, without that, that he is guilty in D. for it is a justification in every place of the said County. 9 Ed: 4 fol: 26. Trespass upon the Statute of Rich: the fifth year, for entering in 20. Acres of land in D. the defendant saith, that J. S. was seized of 20 Acres in S. in the same County, and of them enfeoffed him, and justifies, without that, that he entered into the Lands in D. and it is good. If he give colour in S. to have the Town par●ell of the Issue, for inveigling the Jury. 11 Ed: 4.9. Trespass in D. of Beasts taken, the Defendant justifies in S. in the same County doing damage, without traverse. The same Law of Battery. Yet see the Book. 18 Ed: 4.11. Detinue of a delivery to the Defendant in D. in the County of D. to redeliver to the Plaintiff, the Defendant saith that the same day and year at S. in the County of N. the Plaintiff bought the goods of the Defendant for 10 li. upon condition, that if he paid the 10 li. such a day, that the Sale should be void; and that he did not pay at the day, without that that the Plaintiff delivered them in the County of D. for to redeliver, and admitted a good Plea. 8 H. 6. fol: 10. Detinue of a delivery in one County, where it was delivered in another: the Defendant may say, that the delivery was in another County, without that it was delivered where the Plaintiff counts; otherwise he shall be twice charged. 33 H. 6. fol: 28. By Nedham, in Debt upon a bargain, the Defendant saith it was made upon condition at another place in the same County. The Plaintiff may say that it was made simply, without any condition, ready without traversing of the place, for that, that it is in the same County. But if the Condition were made in another County, there he ought to traverse that it was made simply where the Plaintiff counted. 34 H: 6. fol: 32. And the same Law in detinue of chattels, and see a bargain traversable, which is in effect the same conveyance, where he might have waged his Law 33 H. 6. fol: 25. Account of Receipt in London, by the hands of R. the Defendant saith that he received them by the hands of R. in C. to deliver to the Plaintiff himself, which he hath done without that, that he ever received them in London, and good. 9 Ed: 4.48. and 22 H. 6.55. Account of Recest of 10 Marks in London, the Defendant saith he received them in Cornwall, to deliver them to J.S. which he hath done, without that, that he was his Receiver in London, and it seems a good plea. 9 Ed. 4. f. 48. Trespass in the Parish of W. in D. in the County of E. the Defendant saith that the place is called W. in D. in the County of K. and justifies, without that, that W. is in the County of E. and not guilty shall be entered. 34 H. 6. fol. 5. Trespass of a bag with money taken at C. the Defendant saith, that the Plaintiff delivered that to him at L. and it is not good, but that he delivered that to him at L. to deliver to J.S. which he did, without that, that he is guilty at C is good. 34 H. 6.9. and 19 H. 6. fol. 43. Trespass of an Horse taken at D. in the County of M. the Defendant justifies the taking for a Waife at S. in another County, without that, that he is guilty at D. and it seems nothing shall be entered but not guilty. Inquire 19 H. 7.27. and 22 Ed. 4.38. this was entered, and not the general Issue. Action upon the Case for that, that the Defendant sold Woad to him at J. and there showed to him a piece, which is merchantable, and warranted the rest to be as good as the example, where it is defective. The Defendant saith, that he sold to him Woad at B. and warranted that, etc. without that, that he sold at I. and is good. 14 H. 6. fol: 24. Action upon the Case upon Assumpsit at London to cure his Horse; the Defendant saith at Oxford he assumed to cure, etc. without that, that he assumed at London, and it is good. 19 H. 6. fol: 49. Trespass of beating at D. in the County of D. If the Defendant justifies at S. in the County of N. he ought to traverse the County. 9 H. 6.62. and 11 H. 6.20. the same. Trespass of goods taken at E. the Defendant pleads that they were delivered to him at S. in the County of M. to deliver to the Plaintiff, which he did, without that, that he was guilty at E. 19 H. 6.48. In Trespass transitory, where the Defendant justifies in another County he ought to take traverse. 29 H. 6.72. and 5 H. 4. fol: 3. the same. 22 Ed. 4. fol: 38.7 H. 6. fol. 37.10 H. 7. fol: 27. Yet ready. Where he shall say Yet ready, and where not. DEtinue of a Chest with Writings against Executors, it is no plea for them to say, that the Writings came to them sealed, and that they were ready to deliver them, and yet are ready, unless that they offer them to the Court; or to say that the thing is of so great weight that they cannot bring them hither. 9 H. 6.65. and 22 Ed. 3. B●ook. Always ready. 6 Ed. 4. fol. 11. 44 Ed. 3. tit. 40. Dower, the Tenant saith that he hath been always ready to render Dower, and yet is. The Demandant avers the contrary; upon which the Demandant shall recover her Dower. But she shall not have a Writ to inquire of her damages now, for that is the Issue, which shall be tried. 14 H. 8. fol: 28. Dower, if the Tenant come in at the first day, and will aver that he was always ready, and yet is, if the Demandant will not aver the contrary, that the Demandant shall not recover damages. 5 Ed. 4. Dower 2. Where the Tenant imparles to another Term, he shall not say, yet ready to render Dower. 21 Ed. 3. tit. 24. Dower, the Tenant alleges, that the Demandant deteins a Hamper of Evidences of that Land, and it, etc. the Demandant saith, That she is, and always hath been ready to deliver the Hamper, etc. and for that she shall have judgement for thwith. 8 H. 6. fol. 15. Trespass, the Defendant pleads an Arbitrement, which was to pay 10 li. if the day be past, he shall say that he hath been always ready, and yet is, and bring the money into the Court. 22 H. 6. fol: 45. Debt upon an Obligation endorsed upon Condition, to perform an award to pay 20 s. before Christmas last passed, if he tendered before the day, and the other refused, he shall not say yet ready afterwards. Injuire. Dower, where the Tenant casts an Essoyn, he is not estopped to say, yet ready to render Dower. 14 H. 6. 4. See in Debt by Hank. 11 H. 4.60. and 7 H. 4. fol: 16. Debt, where the Defendant comes inupon the distress, he may say yet ready. 7 H. 4.11. and 8 Ed. 4. fol: 11. the same. Debt after Imparlance, the Defendant cannot plead yet ready. 36 H. 6. 14. Annuity where the Defendant comes in at the distress, he cannot say yet ready. 2 H. 4. fol: 4. Debt, Process continued till the distress, return Nihil and proceeds to the Capias, pluries, and the Defendant cometh in, and saith that he was always ready, and yet is. 11 H. 4. fol: 6. Debt upon an Obligation, to stand to the award, and the award was to pay at such a place; the Defendant may say that he was always ready at the place, without saying yet ready, and without tendering the money in Court. 11 H. 6.27. See 22 H. 6. fol: 39 the reason in this case. Debt upon an Obligation to pay a lesser sum at such a day, for the Defendant to say that he was ready at the place, and offered, and the Plaintiff refused, it is no plea; but shall say, that he hath been always ready, and yet is, and tender the money in Court, for otherwise the Plaintiff shall not have remedy. 7 Ed: 4.3. But see 7 H. 4.19. and 2 Ed: 4.3. by Choke. Detinue of Deeds against Executors, they ought to say, that they were ready, and yet are; for otherwise they shall pay damages, 22 Ed: 3. tit. 37. Always ready. Debt upon an Obligation, condition to pay 10 li. such a day, and place; and the Defendant tenders that at the day and place, and the Plaintiff receives there part, and respites the rest until an agreement be made between them, and after the Plaintiff requires it, and the Defendant refuseth to pay it; yet he shall not forfeit the penalty; for this is saved by the first tender. But now by the Court, he ought to tender it in Court. And where one is bound in 10 l. upon condition to pay five pound, at such a day and place, and though that he were ready at the day and place, and none comes to receive it, yet by the Court he shall have the money in Court ready, 7 Ed: 4. fol: 3. See 5. H. 4. Debt upon an obligation, the condition to pay so much money as B. shall appoint for the taking of the beasts of the Plaintiff, and the Defendant saith, that B. appointed 10 l. which he tendered, and the Plaintiff refused it judgement if action, and it is a good plea without saying yet ready, for the condition is to do a collatterall act, and this 10 l. is collatteral, and for that he shall not say yet ready. But if one be bound in 20 l. and the condition to pay 10 l. there if he say that he offered the 10 l. at the day, and the Plaintiff refused it, yet he shall say yet ready, for the 10 l. are parcel of 20 l. and for the 10 l. he cannot have action, 19 H. 8. fol: 12. and 22 H 6. fol: 45. Debt upon an obligation, the condition that J. S. should perform the covenants of an Indenture, the Defendant alleges them performed specially, and one Covenant was, that I: S: should pay to the Plaintiff 10 l. and he said that he offered it to him, and the Plaintiff refused by Fitzh: and Shelley, he need not say yet ready, 27 H. 8. fol. 1. Debt upon an obligation, The Defendant saith that it is endorsed upon condition that if the Prior of W. made an obligation to the Plaintiff before such a day, that then etc. And saith that the Prior tendered that to the Plaintiff, and he refused it, and shall nor say yet ready, for it is a thing out of his power, and to be made by a stranger, 10 H 6. fol: 17. If a man be bound in 20 l. and the condition is to pay 10 l. if the Defendant plead in debt upon the obligation, that he tendered the 10 l. at the day, and the Plaintiff refused it, yet he shall say yet ready. But if the condition were, that J. S: should pay at the day to the Plaintiff, and the Plaintiff refuse, he shall not say yet ready, 14 H. 6. fol: 24. Debt upon an obligation, of 10 l. the Defendant pleads that after by Indenture of defesance, the Plaintiff granted that if the Defendant paid unto him 20 s. such a day, that then the obligation should be void, and saith that he tendered to him the 20 s. at the day, and he refused it, and by Prisot, he shall not say yet ready, 33 H. 6. fol: 2. Debt upon an obligation, the condition to pay a less sum, this less sum is parcel of the sum in the obligation, and for that the Defendant shall say yet ready, but otherwise it is, where the condition is to stand to the award or other collatteral matter, there the Defendant shall not say yet ready, 20 Ed: 4. fol: 2. The Court Roll. THe Court Baron of W. T. Prebend of Islington. Gentleman Farmer of R. F. Clark, Prebend of the preben dairy aforesaid, there to be held the Tuesday, that is the 6 day of May: the year of the Reign of our Sovereign Lady Elizabeth by the grace of God. Queen of England, France, and Ireland, defender of the faith, the ●oth. L. H. by W. I. essoyned of Common. Essoyne. Homagers. Jury J. H, J. P, T. G, R. M, R. H, R. E, T. L, R. W, R. B, W. R, T. W. First they say upon their Oath, Default of the Freeholders. W. A, 4d. J. H, 4d. and R. B, 4d. are Freeholders of this Manor, and own suit to the Court, and at this day have made default. Therefore every of them in the mercy, as it appears upon their heads. Also they say upon this Oath, Des: Tenants by Copy of the Rol●. that W. J. 2d. and J. R. 2d. are Tenants by the Copy of the Rolls of this Court, and own Suit to the Court, and at this day made default, therefore either of them in the mercy, as it appears above upon their heads. Also they present that W. J. which held of the Lord freely one house, Death. and 30 acres of Meadow, and Pasture with the appurtenances, within this Lordship by fealty, suit of Court, and by the yearly Rent of 6 d. died of such an estate so seized, and that R. J. is son and next heir of the aforesaid W. J. and is of the Age of 10 years, and came to Court, the aforesaid W. J. and payeth to the Lord for relief ●●d and made his fealty. Also they say upon their Oath, Alienation. that G. B. which of the Lord held freely one Cottage, one Orchard, and 6 acres of meadow with the appurtenances, by his deed indented bearing date the 6th. day of January, the year of the reign, of the said Queen, gave, granted, bargained, and sold, all and sing ●lar the premises aforesaid with their appurtenances to R. K. of etc. to have and to hold all and singular the premises aforesaid, with their appurtenances aforesaid, to the said R. K. his heirs and Assigns, of the chief Lords of the fee, by the Rents, Services, and customs there first due, and of right accustomed, and the premises doth hold of the Lord of this Manor, by fealty, Suit of Court, & by the yearly Rent of 12 d. And at this Conrt the said R. K. made to the Lord his fealty. Also they say upon their Oath, Legacy. that W. A. which held of the Lord freely one house or tenement ● and 20 Acres of Land called H. by fealty, suit of Court, and by the yearly rent of 6 d. died thereof seized, And by his last Will made in Writing, bearing date the 28th. of September, the year of the Reign of the aforesaid Queen the 19th. bequeathed the house or Tenement, and the aforesaid 20 Acres of land to certain R. A. and T. A. his sons, by the name of all his Lands, Tenements, and Hereditaments, Scituate, Lying and being in J. aforesaid, to have and to hold the aforesaid message or tenement, etc. And the aforesaid 20 Acres of Land, to the said R. A. and T. A. their Heirs and Assigns for ever, to the poper use and behoof of R. and T. & their Heirs and Assigns for ever. Therefore it is commanded to the Bailiff, that he should distrain the aforesaid R. A. and T. A. according to the form of the Statute in that case provided, to pay his Relief, and likewise let them be distrained to make their fealty. Surrender. Also they say upon their Oath, that R. R. customary tenant of this Manor, out of the Court, surrendered into the hands of the Lord, by the hands of W. T. and R. M. two customary tenants of this Manor, according to the custom of this Manor. All that message, and 30 acres of meadow, feeding and Pasture, with the appurtenances, late in the tenure, or occupation of R. B. to the use and behoof of R. R. for term of his natural life, & after the decease of the said R. R. then to the use and behoof of T. B. and the heirs of the body of the said T. lawfully begotten, and for defect of such issue, of the body of the said T. B. lawfully begotten, the remainder thereof to J. J. the son of R. J. of I aforesaid Gentleman, his heirs and assigns for ever, and they say that the aforesaid R. died, and now at this Court aforesaid T. B. came and requested to be admitted to all and singular the premises aforesaid, and at this Court the Lord by J. K. his steward granted him seisin thereof by the rod, to have and to hold to the said T. B. and the heirs of his body lawfully begotten, and for defect of such issue, the remainder to the use and behoof of the said J. J. and his heirs for ever, and the aforesaid T. B. gave to the Lord a fine 4 pound, and made to the Lord his fealty, and is admitted tenant thereof. To this Court it is witnessed by W. T. steward, Surrender taken by the Steward. that W. N. lying very sick 10 day of A. the year of the Reign of the aforesaid Lady the Queen 19 surrendered into the hands of the Lord, by the hands of the said steward, (the Court being absent) in the presence of R. C. R. P. and C. H. one tenement called Miles in which lately dwelled W. G. with all his lands and tenements within the prebend of I: to the use and behoof of M. his wife for term of her life, and aster the disease of the said M. the remainder to W. T. son of the foresaid W. the father, and E: daughter of the said W: the father, and sister of the aforesaid W. their sons and heirs upon this condition, notwithstanding following, that if it happen any of the aforesaid W. the son, and E: the daughter, to die without heirs of their body issuing, that then he or she, which did survive, shall have & enjoy the tenement aforesaid to them and their heirs for ever. And upon this came into this Court the aforesaid M. & did desire to be admitted into the Tenement aforesaid with the appurtenances, to whom the Lord by J. K. his steward granted thereof seism by the rod, to have to him in form aforesaid at the will of the Lord, according to the custom of the Manor, and gave to the Lord for his fine for his entrance there had, as it appears, etc. and made his fealty, and is admitted thereof Tenant. Item, The death of a Coheir. at this Court it was found by the Homagers, that one W. W. one of the sons and Coheirs of R. W. dead, which surely W.W. held of the Lord to him & his heirs, according to the custom of this Manor, the half of two messages or tenements, and one garden with the appurtenances, in I: and long before this Court died thereof seized within the age of 10 years, and in the keeping of one R. M. according to the custom of the Manor, and that S. W: is brother and sole heir of the aforesaid W. W. and of full age, who being here present in the Court, desired to be admitted Tenant, to all the lands and tenements customary, of which the said W: W: died thereof seized, that is to the half of two messages or tenements, a Toft and garden with the appurtenances within the Manor, to which the Lord by his steward J. K. granted to him seisin thereof, to have and to hold to him and his heirs of the Lord by the rod, at the will of the Lord, according to the custom of the Manor aforesaid, by the rent, custom, and services there first due and accustomed, and gives to the Lord for his fine, for his entrance as it appearsin the head, and made to his Lord fealty, and is admitted tenant thereof. Also to this Court came I: T: Surrender in Court. and surrendered into the hands of the Lord, 10 acres of land, either more or less, with the appurtenances called S. 4 acres of pasture, either more or less, called B. and 4 acres of meadow, be it more or less, called K. customary, to the use and behoof of R. B. Gentleman his heirs and assigns for ever by the rod, at the will of the Lord according to the custom of the Manor aforesaid, to which R.B. the Lord by his Steward granted to him thereof seisin, to have to him and his heirs of the Lord by the rent of 10 s. yearly, and other services than first due, and he gives the Lord for a Fine, for having this entry therein 4 l. and made to the Lord fealty, and is hereof admitted Tenant. Also the Homagers say upon their Oath, that on R: S: Death. which held of the Lord as a Parcener by the custom of the Manor, nine Acres of customary Land, with a grange, together with T: S: his brother to him and to his Heirs, died since the last Court so seized, and that one I: S: his son and next heir of the said R. to the half aforesaid, of the Land and Grange aforesaid, and is of the Age of 8 years. And upon this as well the custody of the aforesaid F: as the Land and grange aforesaid, were committed to one S: I: as his. next friend, etc. And found surety to the Court E: N to restore to the aforesaid J. of the profits thereof, when he should come to the age of 14 years. Also they say upon their Oath, that R: W: Encre● meant. encroached upon the waist of the Lord, at C: in length 20 rods, and in breadth one rod, therefore he in mercy, etc. And it is ordained, that he shall lay out the same before the feast of St. John Baptist next, under the pain of forfeiting to the Lord for every Rod, etc. Also they say upon their Oath, that G: B: Re●●ous. Bailiff of the Lord, such a day and year, etc. within the Lordship distrained, H: S: for the Lords rend, then by that foresaid H: behind and not paid, and that the aforesaid H: then and there made Rescous upon the said G: B: therefore he in the mercy etc. Pleas in Court Baron. R. H. complaineth against C: E: and A: his wife, Formedon in Remainder. of a Plea of Land, that is to say, of one house, two Cottages, 20 Acres of Meadow, and 20 Acres of Pastor with the appurtenances in I: within the Jurisdiction of this Court, and made protestation to prosecute the Suit, in form and nature, 〈◊〉 a Writ of the Queens, of the form of a gift in remainder at the common-Law, and found sureties to prosecute that Suit, in form and nature aforesaid, that is J.H. and R: M: and desires forthwith process to be made for him, according to the custom of the Manor aforesaid, against the aforesaid C: and A: his wife, etc. Therefore according to the custom of this Manor, used time out of mind. It is commanded to the under Ba●liffe of thi● Manor aforesaid, and the Officer of the foresaid Court, that he should summon by good summoners, the aforesaid C: & A: that they should be before the suitors of the Court aforesaid, the next Court of the Manor aforesaid, the Tuesday such a day, held at the Manor aforesaid, to answer to the aforesaid R: H: of the aforesaid Plea, etc. The same day is given to the aforesaid R: here, etc. To which truly next Court, came aswell the aforesaid R: H: as the aforesaid C: and A: by I: R: their Attorney, And the aforesaid Officer of the Court aforesaid, returned here in the Court, that that he by virtue of the command aforesaid to him directed, had sunimoned the aforesaid C: and A: by good summoners, that is by I: D: and R: R: to be here at this Court to answer the aforesaid R: H of the aforesaid Plea, of the aforesaid one house: ● Cottages 20 Acres of Land, 20 Acre: of Meadow, and 20 Acres of Pasture with the appurtenances, as it was commanded him, etc. And upon this the said R: H: demandeth against the said C: Count. and A▪ the tenements aforesaid with the appurtenances, as his right and Inheritance, saying, that one W: H: was seized of the tenements aforesaid, with the appurtenances, in his demesne as of Fee, at the will of the Lord, according to the custom of the manner aforesaid, And so being seized, according to the custom of this Manor, time out of mind, used and allowed at the Court of the Manor, held at I: within the precinct of the Manor, the aforesaid Tuesday, next after the feast of P: the year of the Reign of our Sovereign Lady Queen Eliz: 22. by J.A. and T: P: deputy Bailiffs of the Manor aforesaid, in the presence of T: C: T: S: R: L: I: M: Y: R. and I: B: are tenants of the Lord of the Manor aforesaid, surrendered into the hands of the Lord, the tenements aforesaid, with the appurtenances, to the use and behoof of one M: then the wife of the aforesaid W: H: to be held for term of her life, and after the decease of the said M: the aforesaid Tenements with their appurtenances, should wholly remain to one I: H. son of N: H: brother of the aforesaid W: H: and to the heirs of his body lawfully begotten, and for defect of such Issue of the said I: the aforesaid tenements with the appurtenances, should wholly remain to one E: H: daughter of the aforesaid W: to be held to her and her heirs of her Body lawfully begotten, and for defect of such Issue of the said E. the aforesaid tenements with the appurtenances, should wholly remain to the right heirs of the aforesaid W: H: and his heirs for ever. By virtue of which surrender, the aforesaid M: was seized of the tenements with the appurtenances, in his deinesne as of freehold, at the will of the Lord, according to the custom of the Manor aforesaid: in the time of peace, time of the aforesaid Queen Elisabeth, taken then the profits to the value etc. And from the said M. remained right by the form of the surrender aforesaid, according to the custom of the Manor aforesaid, I: H: by which the said I: was seized of the tenements aforesaid, with the appurtenances in his demesne as of fee tail, at the will of the Lord, according to the custom of the Manor aforesaid, by form of the surrender aforesaid, in the time of peace, in time of our Lord Edward late King of England the second, taking then the profits to the value etc. and from the said I: after the death of the aforesaid Elizab: (for that both of them, the aforesaid J. and E: died without heirs of their body lawfully begotten) the right remainder by the form of the surrender aforesaid, according to the custom of the Manor aforesaid, to the said R: H: which now demands, that is to say, as the son and heir of W: F: brother and heir of the aforesaid W: H: and therefore produceth this Suit. Plaints of Mortdancester. R. C: Complains against W: L: and E: his Wife of a Plea of Land, that is to say, of one house, 30 Acres of Meadow, and a 100 Acres of Pasture, with the appurtenances in I: within the Jurisdiction of this Court, and made protestation to prosecute his complaint in form and nature of a Writ of the Queens, Assize of the death of his Ancestor at the Common-law etc. And desired process for that, to be made according to the custom of this Manor, in form and nature of this Writ aforesaid, to be directed to the Bailiffs and Officers of this Court. And that the said Bailiff and Officers by the command and precept of the Lord of this Manor, Where all are Copiholders. and according to the custom of the said Manor, should summon by good summons, twelve honest and lawful men of the homage of this Manor, at the next Court to be kept within the Manor, ready to know by their Oath, if R: C: Father of the aforesaid R: was seized in his demesne as of fee, at the will of the Lord according to the custom of the Manor, the day that he died, of and in one house, 30 Acres of Meadow, and a 100 Acres of Pasture, of customary Lands of this Manor, with the appurtenances called C. within the jurisdiction of this Court; the day that he died, And if the said R. the father died within 50 years now last passed, and if the aforesaid R: the son be the next heir of the aforesaid R: the father, and in the mean time they should view the Lands and Tenements aforesaid. And that they should summon by good summoners, the aforesaid W: and E: which hold the said lands and tenements, that they should be here to hear the Recognitors, and should find sureties to prosecute their Suit aforesaid, J. D: R: R. And late here at this Court came the aforesaid W: I: in his own person, Bar. and saith that the aforesaid R: father of the said complainant was not seized in his demesn as of fee, at the will of the Lord, according to the custom of this Manor, day that he died, of the aforesaid house, and 30 Acres of Meadow, and a 100 Acres of Pasture with the appurtenances in manner and form, as by the aforesaid complainant is first supposed, and this he desires might be inquired by the Assize, and the said Complainant likewise. Entry in the by, and to whom. TO this Court came I: N: in his proper person, & complaineth against T: M: of a Plea of Land, that is to say, of one house, one garden, and one Orchard with the appurtenances, and found sureties to prosecute his suit aforesaid that is I: D. and R: R. and doth protest to prosecute his suit aforesaid, of the aforesaid house, garden, and orchard, with the appurtenances in I: in nature and form of a writ of entrance, of our Lady the Queen in the (by) and (to which.) Saying that the said house and garden with the appurtenances are his right and Inheritance, according to the custom of the Manor aforesaid, and into which the aforesaid T: M: hath no entry but by El: late the wife of W: M: and the daughter of R: P: to which aforesaid R: P. and M: his wife, they demised, which since unjustly and without judgement, disseised R: N: by rem: of the said I: N: within 50 years' last expired, etc. And desires process thereof to be made to him against the aforesaid T: M: according to the custom of the Manor, therefore according to the custom of the Manor it was commanded, I: B: under Bailiff of the said Manor, and Officer of the Court aforesaid, that according to the custom of the Manor aforesaid, he should summon by good summoners, the aforesaid T: M: that he should be here at the next Court, that is the fourth day of M. next coming, here to be held to answer to the aforesaid I: N: of the Plea aforesaid, etc. The same day is given to J. N: here, etc. To this Court came A: B: Citizen and Mercer of L. Common Recovery in a Right Patent. in proper person, and complained against W: W: of a Plea of land, that is of one house, one garden, and one Acre of land with the appurtenances in I: held of this Manor, by copy of Court Roll, of this Manor, and made protestation to prosecute his complaint aforesaid, in the Court aforesaid, in form and nature of a Writ of one Lady the Queen of right Patent at the Common-law, according to the custom of the Manor aforesaid, And found pledges to prosecute his complaint aforesaid, here in the said Court, that is I: D: and R: F: and desired process thereof to be made to him, against the aforesaid W: W: according to the custom of the Manor aforesaid, therefore according to the custom of the Manor aforesaid, it was commanded I: S: Bailiff of the Manor aforesaid, and Officer of this Court, that he should summon the aforesaid W: W: so that he should be here at the next Court of this Manor aforesaid, here, that is the Saturday the fourth day of I: to be held, to answer the aforesaid A: B: of the Plea aforesaid, and that he than have there the names of the summoners, and this precept. And the same day is given to the demandant here, etc. And late, that is to say, to this Court came the aforesaid W: W: in his proper person, and in the full Court here gratis offered to answer to the aforesaid A: B: of the plea aforesaid by good summonitors, that is I: D: and R. R: according to the custom of the Manor aforesaid, and upon this lately to this Court the aforesaid A: B: that is in proper person, came and demanded against the said W: W: the house aforesaid, the garden and acre of land, aforesaid with appurtenances in I: aforesaid, held of this Manor by Copy of Court Roll, as his right and inheritance, and whereof he saith, that he himself was seized of the tenement aforesaid with the appurtenances in his demesne as of see and right, according to the custom of the Manor aforesaid in time of peace, in the time of our Lady the now Queen, taking the profits to the value, etc. And that so is his right, he offereth, etc. And the foresaid W: W: came and defendeth his right, when &c. and this seisin, of which seisin etc. As of fee and right etc. and especially of the tenements aforesaid with the appurtenances and all etc. And puts himself upon the homagers aforesaid of our Queen of this Court aforesaid, according to the custom of the Manor aforesaid, and desires an acknowledgement to be made, whether he hath more right to hold the tenements aforesaid with the appurtenances, as he holds, or the aforesaid A. B. to have the aforesaid tenements with the appurtenances as he above demandeth, etc. And the aforesaid A: B: demandeth licence to consider thereof till the 11th. hour before noon of the same day, and had it, etc. And the same hour was given to the aforesaid W: here, etc. And after the said A: B: returned here into the Court, the self same day at the aforesaid hour in proper person, and the aforesaid W: W: though he were solemnly warned, came not, but in contempt of the Court departed, & made default, therefore according to the custom of the Manor aforesaid, It is considered by the Court that the aforesaid A: B: should recover his seisin against the said W: W: of the tenements aforesaid with their appurtenances according to the custom of the Manor aforesaid, to hold to the said A: B: and his heirs according to the custom of the said Manor, quiet from the said W: W: and his heirs for ever, and the said W: W: in the mercy etc. And now to this Court the Lord, in execution of judgement, and recovering aforesaid by his Steward, granted to the aforesaid A: B: of the Tenements aforesaid with the appurtenances, seisin to hold to him and his heirs and assigns by the Rod, at the will of the Lord according to the custom of the manor, and made to the Lord then fine and fealty, and then was admitted Tenant. And after, that is to say, at the same Court, the aforesaid A: B: then present came, and the aforesaid W: W: surrendered into the hands of the Lord, the tenement aforesaid with the appurtenances, to the use and behoof of the foresaid A: B: his heirs and assigns for ever, and further, the aforesaid W: W, remised and released, and altogether for him and his heirs for ever quite, claimed to A: B: his heirs and assigns in their full and peceable possession, and seisin, day at the making of these presents, according to the custom of the said Manor, of and in the tenements aforesaid, with their appurtenances, the whole right, title, state, claim, interest, or demands whatsoever, which he ever had, hath, or any way hereafter may have, of or in the tenements aforesaid with their appurtenances, or in any parcel thereof; so that neither the aforesaid W.W. nor his heirs, or any other of them any right, title, state, claim, interest, or demand of, or in the Tenements aforesaid, with their appurtenances, nor in any parcel of them from hence may challenge, claim or pretend unto, nor shall do hereafter but from all action of the Law, title, claim, use, interest and demand thereof, be for ever excluded, and every of them excluded for ever by these presents, And further the said W: W. granteth for him and his heirs, that he will warrant the tenements aforesaid with the appurtenances to the aforesaid A: B: and his heirs, against all men for ever. To this Court etc. came W. T: son and heir of W: T: Common recovery in entry in the Post. dead and is admitted tenant by the rod of one Field called C: containing by estimation 8 Acres of meadow with the appurtenances in I: aforesaid whether more or less, with the appurtenances to have to him and his heirs at the will of the Lord, according to the custom of the Manor aforesaid, and paid to the Lord for his entrance so had, etc. and made his fealty, etc. And after to the same Court came the said W: T: and surrendered into the hands of the Lord, in the same Court aforesaid, the field called C: containing by estimation 8 acres of meadow, either more or less, lying in I: aforesaid with the appurtenances, whose western part abouts upon a certain way called K: and the northern head thence abutting upon a close late S: W: to the use and behoof of M: M: and his heirs for ever, and upon this came the aforesaid M: M: and desired of the Lord in the same Court to be admitted tenant to the aforesaid 8 acre; of meadow with their appurtenances, to have and to hold to him and his heirs for ever, at the will of the Lord, according to the custom of the Manor aforesaid, making and rendering thereof rend, services, and customs, before due and accustomed, to whom the Lord by his Steward, granted seisin thereof, by the Rod, at the will of the Lord, according to the custom of the Manor aforesaid, and paid to the Lord for a fine for such an entrance, for him to have 53s. 4d. and made to the Lord fealty, and then was admitted tenant. And after, that is to say, to the same Court came R. M. and W. M. and complained against the aforesaid M. M. of a plea of land, that is of the aforesaid 8 acres of meadow, and made protestatiou to follow the complaint, in form and nature of a Writ of the Queens, of entering upon disseisin in the post, and upon this the aforesaid R. and W.M. in their proper persons, demand against the aforesaid Michall M. the aforesaid 8 acres of meadow with the appurtenances in J. within the jurisdiction of this Court, as their right and inheritance, and into which the said M. M. had no entrance, but after disseisin, which H. H. thereof, and without judgement made to the aforesaid R. and W. within 30 years' last past etc. And whereof they say that they were seized of the aforesaid 8 acres of meadow with the appurtenances in their demesne as of fee, and right, at the will of the Lord, according to the custom of the Manor aforesaid, taking the profits thereof to the value, etc. and in which &c. and so bring their suit, etc. And the aforesaid M.M. in his proper person comes and defends his right, when, etc. and called into warranty the aforesaid W.T. which is present here in Court in his proper person, and willingly, the aforesaid eight Acres of Meadow, with the appurrenances, did warrant unto him, etc. and upon this, the aforesaid R. and W.M. do desire against the said W.T. Tenant by his warranty, the aforesaid eight Acres of Meadow, with the appurtenances in his Demesne, as of Fee and Right, at the Will of the Lord, according to the custom of the Manor aforesaid, in the time of Peace, in the time of the Queen that now is, taking the profits thereof, to the value, etc. and in which and, etc. and thereof bring their Suit, etc. And the aforesaid W.T. Tenant, by the warranty, defendeth his Right, when, etc. and further than calls to warranty C.D. which likewise is present in Court, in proper person, and gratis the aforesaid eight Acres of Meadow, with the appurtenances to him, doth warrant, etc. and upon this, the said R. and W.M. do desire against the said Christopher, Tenant to the warranty, the aforesaid eight Acres with the appurtenances, whereof they say, that he himself was seized of the said eight Acres of Meadow, with the appurtenances in his Demesne as of Fee, and Right, at the will of the Lord, according to the custom of the said Manor, at the said time, in the time of Peace, in the time of our Lady the Queen, now, taking the profits thereof, to the value, etc. and in which, etc. and therefore bring their Suit, &c And the said R. and W.M. desire Licence of talking t'other, and had it, etc. and after the said R. and W.M. returned here into the Court, to the same Court in their proper persons, and the aforesaid T. though he were solemnly summoned returned not, but in contempt of the Court departed and made default, therefore it is granted that the aforesaid R. and W.M. should recover their Seisin against the said M. M. of the aforesaid eight Acres of Meadow, with the appurtenances, etc. and that the said M.M. should have of the Land of the aforesaid W.T. to the value, etc. and that the said W.T. further should have of the Land of the aforesaid C.D. to the value, etc. and the same C. in the mercy, etc. and upon this, the aforesaid R. and W.M. do desire a Precept to give to them full Seisin of the aforesaid eight Acres of Meadow, with the appurtenances to be directed to an Officer of the aforesaid Court, and it was granted to them retrunable here immediately, etc. and afterwards, than is to say, the first of April, came here into the Court, the aforesaid R. and W. M. in their proper persons, and the Office of the Court, that is to say, R.W. and certified the Court aforesaid, that by virtue of the Precept aforesaid, to him so directed, the said first day of April, he made to have to the aforesaid R. and W.M. full seisin of the aforesaid eight Acres of Meadow, with the appurtenances, as by the Precept aforesaid, he was commanded, etc. And after, that is to say, at the very same Court, the aforesaid R. and W. M. and the aforesaid W. T. then being present, came and surrendered into the hands of the Lord, in the same Court, the aforesaid eight Acres of Meadow, with the appurtenances, to the use and behoof of the aforesaid M. M. his Heirs, and Assigns, to whom the Lord by his Steward aforesaid, granted then Seisin by the Rod, to have and hold to him and his Heirs, at the will of the Lord, according to the custom of the Manor aforesaid, etc. and further the aforesaid R. and W. M. and W.T. remiswed, released, and altogether for them and their Heirs, for ever quite claimed to the aforesaid M: M. his Heirs, and Assigns in his full and peaceable possession, and Seisin, appearing in the full Court, all the Right, Title, State, Claim, Interest, or demands whatsoever, which they ever had, have, or any way hereafter may have, of, or in the aforesaid eight Acres with the appurtenances, or in any parcel thereof, so that, that neither the aforesaid R. and W.M. and W.T. nor their Heirs, or any of them, any Right, Title, State, Claim, Interest, or demand, of or in the aforesaid eight Acres of Meadow, with the Appurtenances, or in any parcel thereof, etc. nor ought hereafter, but from all Action of the Law, Title, claims, Uses, Interest, and demands, from thence to be demandded, are excluded, and every of them is excluded for ever by these presents, and further the aforesaid W.T. grants for him an his Heirs, that they will warrant the aforesaid eight Acres of Meadow, with the appurtenances, to the aforesaid M.M. and his Heirs, against all men for ever, etc. 4. H. 8. Tit. Recovery in value, 27 in Fine, and 23 H. 8. Tit. Recovery in value, 27. Recovery against the Husband and wife, where the wife is Tenant in Tail, and they vouch over, and the Demandant recovers against the Husband and wife, and they over in value, this seems shall bind the Tail, and the Heir of the wife. 23 H. 8. Title, Tail, 32. Double voucher, in Entry in the Post, bars the Tail, because of the recompense, but single voucher shall not bar, but the Estate Tail which he had time of the Recovery in possession; but if he were in of another Estate, time of that Recovery it is no Barr. 23 H. 8. Tit. Recovery in value 27. Entry in the Post against Tenant for life, to bind the Fee in Reversion, Tenant ought to pray aid of him in remainder, and they ought to vouch. 25 H. 8. Tit. Recovery in value, 33. where Tenant for life vouches a stranger, and the Demandant recovers, and he over in value, this shall not go to him in Reversion, and shall not bind him. 27 H. 8. Tit. Recovery in value 28. Tenant in Tailremainder over Entry in the Post, 'gainst Tenant in Tail and he vouches over, this is a recompense, and shall bar the remainder. Pleas in Court Baron. Count upon Lending. J. S. complains against T.D. in a Plea of Debt, of thirty Shillings four pence, for that, that is to say, etc. and thereof the same J.S. by W. T. his Attorney saith, that when the aforesaid T.D. tenth day of February, the year of the Reign of Elizabeth now Queen of England twentieth, at Islington, within the Jurisdiction of this Court, borrowed of the aforesaid J.S. the aforesaid thirty shillings four pence, to be paid to the sald J.S. when he was required, notwithstanding the aforesaid T.D. though he hath been often required, the aforesaid thirty shillings and four pence, hath not restored it to the said J.S. but to him to pay them as yet hath denied, and yet doth deny, upon which he saith that he is damnified, and hath loss to the value of ten shillings, and thereof bringeth his Suit. Form of a Plaint in a Court Aaron upon buying of Oyland Madder, etc. G.B. complaineth agrinst R.C. in a Plea of Debt thirty Shillings four pence, for that, that is to say, that when the aforesaid R.C. eleventh day of April, the year of of the Lord, 1540 at J. within the Jurisdiction of this Court, bought of the said G. B. fourteen gallons of oil, called Meat oil, for fifteen Shillings and three pence, one Hundred of Madder for fifteen shillings & a penny, to be paid to the said G.B. when he should be required, which truly in all doth amount to the sum of the aforesaid thirty Shillings four pence; notwithstanding the aforesaid R.C. although he hath been often requested the said thirty Shillings four pence, to the said G.B. hath not restored, but that to him as yet to restore, hath denied, and yet doth deny, by reason whereof, he is the worse, and hath loss to the value of ten Shillings, and therefore bringeth his suit, etc. and the foresaid R.G. by J.A. his Attorney comes and defends the force and injury, when, etc. and saith, that he doth not owe to the aforesaid G.B. the aforesaid thirty Shillings and four pence, nor any penny thereof, in Form, in which the said G.B. complains against him, therefore it is considered, that the said R.C. should wage his Law, and put in two Sureties for the Law, J.M. and R.J. and should come with his Law here, at the next Court, in proper person, and it is said to the aforesaid Attorney, of the aforesaid R. T. that then he should have here the said R.C. his Master, in his proper person, to finish his Law aforesaid, etc. Plaint for accusing a man of Pelony, and imprisoning him. T.H. complains against S. D. for that, that is to say, that when the said Complaint a true and faithful Liegeman and Subject of our Lady the Queen now, and of her Progenitors of the Kingdom of England, from the time of his Birth did appear, always, and as a true Liegeman of our said Lady the Queen, and all her Progenitors aforesaid, from all the time aforesaid, without any Crime of Theft, stealing, Felony, or any other notorious Crime whatsoever, from the time of his Birth hitherto, hath carried, had, and kept himself, and so with all honest men was reputed and accounted, by reason of which name of Honour, Fame, and Conversation, the same Complainant much and great gain and profit to the maintenance of his Living did get and had: the foresaid Defendant notwithstanding not ignorant of the Premises, the eighteenth Day of July, the year of the Reign of our Lady Elizabeth, the sixth at J. within the Jurisdiction of this Court, out of his mere malice, and ill mind, threatening and envying the good Report, Living, Degree, state, and condition of the said Plaintiff, and to blot it, and to bring the Complainant into an ill name, and Danger of his Life, as much as in him lay, spoke certain false, malicious, and scandalous words of the aforesaid Complainant, and did publish and openly say, that T. H. (meaning the said Complainant) hath rob me of forty pounds of money, by reason of which scandalous and false words, proclaiming and publishing, the said Plaintiff not only in his good name and same, for which aforetime he was know and reputed, with many honest men, and chiefly with J.A. Inholder, greatly hurt and wronged he did appear, and did incur and fall into great Infamy and Discredit with the said J. H. and many other of the said Queens now, faithful Subjects. Likewise W. G. and W. C. the Constables of L. aforesaid, by reason of an ill opinion by them conceived, by reason of the said Scandal against the foresaid Complainant, published then by reason of the open speaking of those words, that the foresaid Complainant was guilty of the Felony aforesaid, afterwards, that is to say, the eighteenth Day of July, they took the Complainant, and imprisoned him in a Prison of the said Queens, called, etc. Scituate, etc. In which Prison the said Plaintiff from the said eighteenth Day of july, till the twentieth Day of the same Month of july for the cause aforesaid was detained, which twentieth Day of july the Plaintiff from the said Prison to the Prison, etc. of the said Queens in, etc. Scituate, etc. was removed, and then, and there imprisoned, and in prison from the said twentieth Day of july, till the eight and twenty Day of the said Month of july, for the said cause was detained so that the same Plaintiff, not only suffered and sustained great Cost and Charges by the occasion of his Restraint and Imprisonment, but also lost wholly many great profits and gains, which of the said Subjects he might have gained for his maintenance and living, if the said scandalous and malicious words so openly proclaimed had not occasioned it, to the loss of the said Plaintiff, etc. three and thirty shillings and four pence, and thereof brings his Suit, etc. Trespass, Plaint for walking with his Feet. J.R. complaineth against T. B. that is to say, in a Plea why by force and arms, the Close of the said J. R. at D. he broke, and his Grass to the value of five and thirty shillings and eight pence, there late growing, walking with his Feet trod down and spoiled, and other Injuries offered to him, to the great loss of the said J. R. and against the peace of our Lady the Queen now, etc. and whereof the said J. R. saith, that when the aforesaid T.B. the seven and twentieth Day of january, in the year of the Reign of the said Queen now the fourth, by force and arms the Close of the said J. R. at D. broke, and his Grass to the value, etc. there late growing, walking with his Feet, there trod down and consumed, and other Injuries, etc. to the great loss, etc. and against the Peace, etc. whereof he saith, he is made worse, and damnified to the value, etc. And the said T. in his proper person came, and defended the force and Injury, when, etc. and saith, that he in nothing is guilty of the Trespass aforesaid, as the aforesaid J. above complains against him; and of this puts himself upon the Country, the aforesaid Plaintiff likewise, etc. Entry of the great Cape. A. Which was the Wise of C. J. by A B. her Attorney, offered herself to this Court against T. J. of a Plea of the third part of a House, and twenty Acres of Land, with the Appurtenances in J. which the same A. in this Court claims as her Dowry, of the Gift of the aforesaid I. C. in times past her Husband, for that the Tenements aforesaid are within this Lordship, and the Women, which after the Death of their Husbands of Tenements in J. aforesaid, being dowable, according to the Custom of the said Manor time out of mind used, of the third part thereof, aught to be endowed, etc. and they came not, and summoned, etc. therefore by the Judgement the third part of the aforesaid, with the Appurtenances, should be taken into the Lords hands, etc. and day, etc. they should be summoned, that they be here at the next Court, etc. Precept of the great Cape. J.K. Steward to the Bailiff thereof, health, take into the Lords hands, by the view of good and lawful men of this Manor, the third part of one House, and twenty Acres of Land, with the Appurtenances in I. which A. I. this Court, etc. doth claim against T. I. late of I. as the Dower of the said A. of the Gift of the aforesaid C. I. in time past her Husband, by a Writ of Dower, whereof she hath nothing, by the default of 〈◊〉 said T. and the same taking certify me of, and summon by good Summoners the aforesaid T. that he be here at the next Court, there to answer, and to show why he was not here at the last Court, as he was summoned, and have here the names of those by whom, etc. you made the Summons, witness, &c: Entry of a small Cape. T.Q. Esquire, and I. his Wife, by their Attorney offered themselves the fourth day against A. B. of I. and A. his Wife of a plea of the third part of eight Messages, and eighty Virges of Land, with the Appurtenances in I. which the aforesaid T. and I. in this Court, claim as the Dower of the said I. of the Gift of G. S. in time past her Husband, against them, and they did not come, and had from thence day until this day, that is to say, the tenth day, etc. after other they appeared here in Court, therefore by the Judgement the third part with the Appurtenances should be taken into the hands of the Lord, and they summoned, etc. that they be here in the day, etc. to hear their Judgement, etc. Precipe of Summons upon a right Patent, etc. J.K. Steward, to the Bailiff of the Manor aforesaid, health, etc. I. S. complains against I. D. in a plea of Land, and makes Protestation to follow the Suit, in the nature of a Writ of our Lord the Kings, of a right Patent; and therefore I command you, that according to the Custom of this Manor, you shall summon by good Summonitors the aforesaid I. D. to be here at the next Court, here to be held such a day, to answer in the Plea aforesaid, and have there this Precept, and how, etc. dated, etc. Precept upon Assize of Mortdancester. J.K. Steward to the Bailiff of the Manor aforesaid, health; because I. S. complains as above, therefore I command you that y●● summon by good Summons, 12. free and lawful men Tenants of the foresaid Manor, that they before me the aforesaid Steward at the next Court there to be held, that is to say, the Tuesday 19 day of September, next coming, at the hour of eight before noon of the same day, ready by their Oath to know, if T. S. Father of the said J.S. was seized in his Demesne as of Fee, of two Houses, and with the Appurtenances in D. within the Jurisdiction of this Court, the Day that he died, and if he died within forty years now last passed, and if the said J.S. be his next Heir, and in the mean time let them view the said two Houses, and make their names to be entered, and summon by good Summoners the aforesaid J. and D. which now hold the aforesaid Houses and Lands, that then they be there to hear that Return, and have here the Summons, and this Precept, Dated, etc. under my Seal, etc. To make to have Possession. J.K. Steward, to the Bailiff thereof health, know that A. B. in the Court held such a Day, by the consideration of the said Court recovered his Seisin against B. of eight Acres of Land with the Appurtenances in J. by Default of the aforesaid B. and therefore I command you, that to the said A.B. you shall give a full Seisin of the Tenements aforesaid, with the Appurtenances, without delay, and have there this Precept, and how, etc. Dated, etc. the Day, etc. Small Cape. J.K. Steward to the Bailiff thereof health, we command you that you take into the hands of the Lord, by the view of good and lawful men of this Manor, one House with the Appurtenances, which A.B. in this Court claims as his right against B. R. by Complaint of a Formedon in Remainder, for Default of the said B. and make known the Day of the taking to me, at the next Court, and summon the said B. R. that he be before, etc. such a Day, there to answer, and to show why he was not in this Court, before, etc. such a Day last passed, as he was summoned, and have there this Precept, and how, etc. Dated, etc. The Return of Writs newly corrected. With divers other good Returns, and many Cases of the Common Law to that added, very necessary and profitable, as well to young Students of the Law, as to Sheriffs, Coroners, and others, which are to make Returns of Writs, for the better understanding of the Law in the said Returns. Process in the Court Hundred, Court Baron, etc. Pleg. de prosequendo J.D.R.F. THe within named H. E. is attached by Sureties, N. F. R. D. J.D. Knight, Sheriff. The within named J. H. hath nothing in my Bailiwick, by which he may be attached. Note that every Pone is but a Summons. By virtue of this Writ to me directed, Pone upon a Repleg. I have put before the Justices of the Queen's Bench at Westminster, the Complaint which is in my County, by a Writ of the said Queens, between T. W. and H. B. of the Beasts of the said T. W. taken, and unjustly detained, as it is said, as it appears in a certain Schedule to this Writ annexed, etc. Som. T. P.I.D At my County Court held at N. the twelfth day of N. in the year of the Reign of the Queen, now, etc. Schedule. twenty-third, T.W. complains against H. B. of a Plea of taking, and unjustly detaining of beasts, and there are Sureties to prosecute, and Return to be had, if Return there be adjudged, that is to say, J.M.W.F. In Witness whereof I.K.K.B.C.D.G. and R.S. four lawful men of them which were present at the Record, were present in the full Court there, and have underneath set their Seals to the said Record, severally the day and year abovesaid. By virtue of this Writ directed to me in my full County Court held at W. in the County of W. within such a day and year, I have made the Plaint to be recorded, You shall make the Plaint to be Reccorded in the County. which is in the same County, between the parties underwritten, whereof within is made mention, which truly complaint doth appear in a certain Schedule annexed to this Writ, and I have that Record before the Justices within written, at the day and place within contained under my Seal, and the Seals of W.H.T.R. etc. four of the honest and lawful Knights of the said County, of those which were present at the Record, and to the parties within written, I prefixed that day, that they which are in that complaint should prosecute, as is just, as within is to me commanded. Schedule. At my County, W. held at W. in the County aforesaid, such a day and year before W. W.H.SS.T.V. and A.B. four suitors of the Court aforesaid, amongst other things, it is so contained. R.S. complains against J.M. of a Plea of taking, and unjust detaining his beasts, against Sureties, Complaint. and Pledges, etc. and they are Pledges to prosecute, as also to have Return, if Return thereof be adjudged. Pledges to prosecute J. D R.F. in witness of which thing, etc. By virtue of this Writ to me directed, Otherwise. I have made the Plaint to be recorded, which was in my County between the parties within written and I have prefixed a day to the said parties to be before the Justices, within written, at the day and place therein contained, as the said Writ in that requireth and challengeth, which truly complaint appears in a certain Schedule sowed to this Writ. A. B. complains against C.D. of a Plea of taking, and unjustly detaining his beasts, Pledges. etc. as before. By virtue of this Writ, I made the complaint to be recorded which is in my County, without the Queen's Writ, between W.H. and A.D. of the beasts of the said W.H. taken and unjustly detained, as it is said, and I have that Record before the Justices within written, at the day and place therein contained, under my Seal, and the Seals of T.W. and four lawful Knights of my County, of those which were present at the Record, as it appears in a certain Schedule, annexed to this Writ, according to the exigent of this Writ, etc. At my County held, Plaint shall come to the Court. etc. as above. By virtue of this Writ, In Form within written, I came to the Court within written, and in that full Court, I made the Plaint within written, to be recorded, and the Record, as it appears in the Schedule annexed to this Writ, I have it before the Justices within written, at the day and place within contained, and to the parties within written, I have prefixed that day, that then they are there to suffer, as what is just, in that Complaint, as in the mean time, I am commanded. A. B. complains of G.D. of a plea of taking, Schedule. and unjust detaining the beasts of the said A.B. In witness whereof J.K.T.S.W.H. and R.I. four lawful men of those which were present at that Record in full Court, there held at D. tenth day of J. the year of the Reign of the Queen now twenty three, and to the same Record they have severally put their Seals, the day and year above written, etc. No Court of within written J.D. whereof below mention is made, Oherwise. was held after the Receipt of this Writ, and before the day of the Return of the same, by which Execution of this Writ for present, by me could be made. By virtue of the Queens Writ, Other wise In Court Baron or Hundred. to this Schedule annexed, taking with me B.C.D.E.F.G.H.I. four lawful Knights of my said County, In my own person, I came to such a Hundred, or to such a Court, and in the full Court there, or in the full Hundred, the complaint before the Justices within written, at the day and place therein contained, under my Seal, and the Seals of four lawful men of this Court, which were present at the Record, I have ready annexed to this Record, according to the Tenure of this Writ, and have prefixed the same day to the parties in the same Writ named, that then they be there in that complaint to proceed as it shall be just, according as the said Writ itself challengeth, and requires, etc. By virtue of the Writ of our Lady the Queen to this Schedule annexed, (taken with me four discreet and lawful Knights of the County of W.) I came to the Hundred, whereof in the said Writ mention is made, held at B. such a day, and year, and in the full Hundred there, the Complaint whereof in the said Writmention is made, I would Record, and J.S. Bailiste there, and then in full Court sitting, the said Writ being seen and heard, they immediately shut their books touching the said complaint, rose, and hastening from that Hundred with all those books, and all Suits of that Hundred, then, and there appearing, took them away with him, and abruptly departed, and the said Precept of our said Lady Queen, specified in the said Writ then and there flatly denied to execute, and the books aforesaid, a bruptly, then and there, from my sight, by force and Arms, with violence took and threw by, by which means I could not for present make execution of the said Writ. Pledges to prosecute I.D.R.R. The residue truly of the executing of this Writ appears in a certain Schedule to this writ annexed. Come to the Court. Summons I.D.R.F. By virtue of this writ to this Schedule annexed, Schedule. such a day and year, etc. taking with me R.T.I.B.R.C. and W.B. four discreet and lawful Knights of my Bayliwick, I came to the Court of E. Duke of Buckingham, of K. in the aforesaid writ nominated, and in the full Court there, I requested the Bailiff, and Suitors of the said Court, to record the complaint, which was in the said Court, by a small writ of our Lady the Queens, of Right between R.T. the Plaintiff, and T.B. the Tenant of a Message, etc. Milt. The Hundred of E.B. Esquire, held there by W.B. his Steward there, before J.T. and R.C. etc. Suitors of the Court of the hundred aforesaid, the tenth day of M. the year, etc. amongst others, it is so contained. Complaint. J.S. Gent. complains against R. G in a Plea of unjust taking, and detaining his beasts or Chattels. Pledges to prosecute, and to have Return of the beasts, if etc. A.B.C.D. The names of four lawful men of the hundred, of those which were present at the Record, A.B. C.D. E.F. G.H. By virtue of this Writ to me directed in the form within written, Of a Record to be delivered in Court. I came to the Court within written, and in full Court there, I made to be recorded the complaint within written, and the same Record, (as it appears in the schedule to this annexed) I have before the Justices within written at the day and place within contained, under my Seal and the Seals of I.B. etc. twenty four good and lawful men of my Bayliwick, of those which were present at the Record, and parties etc. as before. By virtue of this Writ to me directed, Otherwise if the Record be not delivered. in my proper person, (taken with me J.S. etc. Good and lawful Knights of my County) I came to the Court of J. D. Esq to record the complaint within written, at the day and place within contained, as within I am commanded, upon which the Suitors of the Court aforesaid, at the Town of C. in full Court to me the Sheriff within written, to execute the said Writ there, or to meddle at all with the said complaint, they altogether denied, by reason whereof I could not make execution of the said Writ. By virtue of this Writ, False judgement. (taking with me P.M. etc. four lawful Knights of my County) in my proper person, I came to the Court E. held at N. such a day and year, and in parts of the said Court of A. B, etc. Suitors of the same Court, and R.H. Steward there, I desired the Record of the complaint which is in the said Court, by a small Writ of the Queens of Right, between I.P. plaintiff and N.S. Tenant, to be made and delivered unto me, which truly, Steward, and Suitors there would not deliver unto me, By reason whereof I could make no execution of the said Writ. Process in common Bench. Pledges to prosecute J.S.R.M. Original in debt. Summonitors within written J.S. P.M. R.S. J.D. Knight Sheriff. Pledges to prosecute J.D. R.R. The within named A.B. hath nothing in my Bailiwick by which he may be summoned. By virtue of this Writ to me directed, Clark I do certify the Justices within written, that T. H. within named is a Clerk beneficed in the Bishopric of London, having no lay fee in my Bayliwick by which he may be summoned. Note that the Defendant always aught to be summoned fifteen days before the day of the return of the Writ. Pledges to prosecute J.R.R.D. J.E. Original in Trespass. Attachment. within named hath nothing in my Bayliwick by which he may be attached. Pledges within named, J.D. J.W. R.R. J.D. within named is attached by one price ten pence, or by a Cow price ten shillings. J.F. which was the wife of D.C. Attachment upon appeal Ejectment of a Farm. within named hath not found me sureties to prosecute: Therefore to the executing of this Writ, nothing is by me done. The within named A.B. is attached by a hundred sheep, price 20. l. The within named C.D. and E.F. have nothing in my Bailiwick by which they may be attached. The within named J.S. Capias in Debt. is not to be found in my Bailiwick. The within named J.S. and J.H. nor either of them, is to be found in my Bayliwick. I.S. Otherwise. and the rest of the Defendants within named are not to be found in my Bayliwick. In this Writ may be returned divers returns, and in divers manners, that is, if the Sheriff will not serve the writ, or if he will not execute the Writ, then so. A.S. within written is not to be found in my Bailiwick, Otherwise. after the Receipt of this writ, or after the coming of this Writ, but if he be present, then so. By virtue of this Writ, I have taken J.W. within written, whose body before the Justices within written, at the day and place within contained, I have ready, as the writ commands and requires, etc. The within written J.W. is taken by his body, Otherwise. whose Body at the day, etc. I have ready, as within I am commanded, according to the Exigent of this writ. By virtue of this writ to me directed, Otherwise. I have taken the Body of the within named J.S. whose, truly Body, before the Justices within, at the day and place therein contained, I have ready, as within I am commanded, or as this writ in it doth command and require. The within written J.S. Otherwise. Otherwise. Bailiff of the Liberty is taken by his Body, whose body at the day and place therein contained I have ready; as, etc. R.S. within named is not to be found in my Bayliwick, and that to take R.S. within named I commanded I. F Bailif of the Liberty of S. that hath the full return of all Writs and Executions thereof, to whom the Executing of this Writ altogether belongeth to be done, in which liberty no execution of this Writ, there by me can be made, which truly Bailif so answereth me, That he hath taken the Body of the aforesaid R.S. Whose Body aforesaid before the Justices of our Lady the Queen within written, at the day and place therein contained, he shall have ready, or so, which truly Bailiff hath given me no answer. J.D. Liberty. within named was in the Liberty of J.E. Esquire, and continually dwelled there: Therefore I cannot take him. Before the coming of this Writ to me directed J.S. Sanctuary. within named entered the Sanctuary of Saint Peter in Westminster, in the County of Middlesex, and in the same County yet continues, by which the Body of the aforesaid J. S. before the Justices within written, at the day and place within specified, I cannot have, as, etc. By virtue, Otherwise. etc. I have taken the Body of A.B. within named, and him to the Gaol of our Lady Queen at her Castle of D. have committed, there to be safely kept, etc. Who after, by reason of another Writ of our said Lady Queen to me directed, and to this Writ annexed, I made to be delivered from that Prison. Afterward, Otherwise. that is to say, such a day and year by reason of a certain other Writ of our said Lady the Queens, to me directed, which transcript I send you annexed to this Writ: And therefore the Body of the aforesaid A.B. before the Justices within written at the day and place therein contained, I cannot have, as within I am commanded. By virtue, Latitat. etc. I have taken the Body of J.C. within named, whose Body before our Lady Queen, wheresoever she shall be in England, at the day and place therein contained, I have ready, as within I am commanded. And if the Defendant which is so taken, be sick in Prison, or if the Sheriff will be at no cost, to remove him to Westminster before the Justice, saccording to the contents of the Writ, then so. By virtue of this Writ A.B. Sick. within written is taken by his body, and in such a prison or Goal so sick and weak, that his body at the day and place within named, I cannot have, wiihout danger of death. By virtue of this Writ to me directed, Otherwise. I have taken the body of within named J.S. which truly J. is in Prison of our Lady the Queens at F. so sick, that without danger of death, I cannot have him before the Justices within written, at the day and place therein contained, as I am commanded. Which truly J. is so vexed with divers infirmities, Otherwise. that him without great peril of Death, and for the weakness of his Body, before the Justices within written, at the Day and Place therein contained, I cannot have, as within, etc. R.D. within named was taken by J. C. Constable of the Town of D. at T. in the County of D. Otherwise, for Felony. for suspicion of Felony, and for that cause in the Gaol aforesaid, under my Custody was detained, and in the same Gaol is so sick, that by no means he can labour, or can be carried, or so. Whose Body I have ready before you at the Day and Place within contained, Otherwise. Supersedeas upon Capias. to do what that Writ in it commandeth and requireth. By virtue of this Writ I certify you, that after this Writ was delivered to me to take R.T. and other Defendants in this Writ specified, the same K. and others within named, brought to me a Writ of our Lady the Queens, of Supersedeas, which is fastened to this Writ, by virtue of which Supersedeas, not at all, etc. By verrue of this Writ to me directed, Supersedeas after Cepi Corpus. I have taken the Body of the within named B.D. which afterward brought to me a Writ of our Lady the Queens, of Supersedeas, to me directed, and fastened to this Writ, therefore his Body before the Justices, within written, at the Day and Place aforesaid, I could not have, as within I am commanded. And if upon this Writ there be sent another Writ which is called a Habeas Corpus, then thus. To have his Body, and the Body with the Cause. By virtue of this Writ I certify you, that before the coming of this Writ, Sick. by virtue of a certain other Writ to me first directed A. B. within written in the Prison of the Castle of our Lady the Queen of E. is imprisoned, and there so sick and weak doth lie, and in the same Prison yet sick and weak lieth, so that him for fear of Death I cannot remove, therefore the Body of the said A. B. at the Day within named I cannot have, etc. And in these Writs there are divers manners of Returns, and divers of them are so. By virtue of this Writ I certify you, that before the coming of this Writ, W. B. within named was taken in another place, and committed to the Queen's Prison of W. By virtue of which other Writ to me first directed, the Transcipt whereof is sent to you, fastened to this Writ, notwithstanding the Body of the said W. I have ready to come before you, at the day and place within named, as within it is commanded me, etc. We Sheriffs aforesaid signify unto you, Trespass. that before the coming of this Writ of our Lady the Queens to us directed, and fastened to this Writ, J. F. of T. in the said Writ nominated, was taken in such a place, and committed to our Lady the Queen's Prison of W. for twenty pounds of Damages T. C. of N. in a Plea of Trespass in the Queen's Court, in the said City of E. before us, the said Sheriffs held, and adjudged, and likewise the said J. is detained in Prison aforesaid, at the the Suit of W.S. in a Plea of Trespass before us the said Sheriffs in the Court aforesaid, had and prosecuted, yet his Body, etc. as in the next Return before, etc. By virtue of this Writ I signify to you, that before the coming of this Writ of our Lady the Queens, Felony. R.A. in the said Writ named was taken in L. and committed to the Prison of our Lady the Queens of W. for suspicion of a common Thief, and further the said R. was detained in the said Prison, for that, that he for divers Felonies by him done and committed at D. in the Hundred of A. is indicted as I am informed, and another time taken armed at I. in such a County, was carried to the Prison of our Lady the Queen: and the said A. the same Prison of our Lady the Queen feloniously broke, and from thence escaped, as it is said, notwithstanding the Body of the said R. as above, etc. By virtue, Excom. etc. I certify you, that before the coming of this Writ, A. W. within named, by the Ecclesiastical Censure in the Church of N. such a day and year, etc. for his Contempt, and such like is excommunicated; and the said A. by the Ordinaries of the Church of Saint martin's, Justices in the Premises, as yet stands in the same Church excommunicated, and this is the cause of the taking and imprisoning the aforesaid A. notwithstanding the Body of the said A. W. before our Lady the Queen, at the day and place within contained, wheresoever she is, I have him ready, as, etc. Before the coming of this Writ, C.D. Counterfeit Money. within written was in such a place and Prison of our Lady the Queen of R. committed for suspicion of counterfeiting Money of the Queens, and for that cause and no other is detained in the said Prison, notwithstanding the said C. D. before you at the day and place within contained, I have ready, as within is commanded. B. W. was taken at D. in the County of E. by H.S. Murder. Steward of T. F. and before the said Steward at a Hundred held, etc. was indicted for the death of J. T. by the aforesaid B. slain, and by the aforesaid Steward was sent the Queen's Prisoner to R. which truly Indictment remains, with the aforesaid Steward, notwithstanding the Body of the said B. before our Lady the Queen in her Chancery, at the day in that contained, wheresoever he be, etc. I have ready, as that Writ in that commands and requires, etc. Here follow divers Causes, upon Returns of this Writ of Corpus cum causa, to be brought in, etc. If it were necessary, the cause of keeping and detaining A. of B. within written here follows. A. of B. is taken for suspicion of Theivery, Felony. and because he cannot find sufficient Sureties, to expect the Law of our Lady the Queen, he was committed to our Lady the Queen's Prison of R. and for the cause aforesaid detained, notwithstanding the Body of the said A. before, etc. W. D. within written was taken before the coming of this Writ in such a place, Account. and in a Prison of our Lady the Queens, there under my Custody was detained, by reason of which Complaint in the Queen's Court, there before me the said Sheriff, upon him by the name of W. etc. at the Suit of such a one in a plea of Account affirmed, whereof in the same Court before me the said Sheriff, the parties aforesaid pleaded, and put themselves upon the Jury of the Country in the same Court, and afterwards the said W. of D. by sufficient Sureties to answer the aforesaid, such a one of his Plea aforesaid, he was set at Liberty from the Prison aforesaid; and because the said W. after the said Bailment, came not to Judgement in Custody, his Body at the day and place aforesaid I cannot have. The within named J. C. Treason. was called at W. before such a Justice, by W. his Probator, such a day and year, for divers Treasons by him committed, and for that cause was taken at C. and committed to the Prison of our Lady the Queen of N. notwithstanding his Body, etc. at the day and place within contained, I have ready, as is within commanded me, etc. A. Outlary. the Daughter of A. of B. by the name of A. of B. before the coming of this Writ, was outlawed of Felony before P.S. R.T. and their Fellows, Justices of the Queens, of the Peace in such a Liberty, or in the County to be kept, and after by the command of the said Justices to me late directed, the same A. was taken at D. and for the cause aforesaid, was committed to the Queen's Prison of W. notwithstanding, etc. By virtue of this Writ, Supplicavit. I certify you that A.W. within written was taken by virtue of a certain other Writ of our Lady the Queens, called a Supplicavit, at the Suit of D. P. long before the coming of this Writ, and committed to the Prison of our Lady the queen, of B. because he could not find sufficient Sureties to keep the Peace toward the said D. and for this cause, and no other, is kept in the said Prison, notwithstanding, etc. Otherwise it may be said, A Rule. that he was condemned in such a Court, of his own Confession, or by his taxing thereof, by the counsel of the Court: Before the coming of this Writ by virtue of a certain other Writ called a Capias utlagatum, A Capias utlagatum. to me directed, whose Transcript I send you annexed, I took C. D. within named, and committed him to our Lady the Queen's Prison of C. and there in the same Prison he is kept for the cause aforesaid, notwithstanding his Body, etc. Before the coming of this Writ, Account. A. H. S. Auditors of the Accounts of W. of B. to me by Indenture delivered, to keep the Body of R. S. within written, safely and securely, till he should satisfy W. B. of two hundred pounds behind, upon the end of the Account of R.S. found before the said Auditors, etc. and this is the cause of the taking and detaining the said R. S. notwithstanding the Body, etc. Many ways one may be said to be taken and detained for ten pounds against him recovered in such a Court, Debt. or is taken by the command of our Lady the Queen, or upon a Recognizance acknowledged in the Chancery, and Appeal for the Death of a man, or of Robbery, etc. The within named R. V was taken at D. Rescous. tenth Day of May, the year within written by T.B. the Bailiff of our Lady the Queen and mine, by virtue of a certain Warrant by the pretext of this Writ by me made, and to him directed; and upon this the aforesaid R.U. with others unknown, by force and arms, that is, staves, etc. made an Assault upon the said Bailiff, and took him out of the Custody of the said Bailiff, and never after the said R. V in my Bailiwick I could find. The execution of this Writ doth appear in a certain Schedule to this Writ annexed. Otherwise. Schedule. By virtue of our Lady the Queens Writ to me directed, and to this Schedule annexed, I have made a certain Warrant of mine to one J.M. my travelling Bailiff, to take and arrest E.G. in the said Writ nominated, according to the exigent of the said Writ, which said Bailiff of mine, by virtue of my Warrant aforesaid, the 9 day of J. the year of the Reign of our Lady Elizabeth Queen, within written, the twentieth at D. in the County aforesaid, took and arrested the Body of the said E.G. and then and there the said E. G. was in his Custody, upon which F. G. of D. aforesaid, in the County aforesaid, Gentleman, and T. M. of the said Town and County, Gentleman, then and there by force and arms, etc. made an Assault upon my aforesaid Bailiff, and my said Bailiff, then and there, against the Law and Custom of the Realm of the said Lady Queen of England, and against the will of the said Bailiff of mine, imprisoned him, and the same Bailiff of mine in Prison there, by the space of an hour then detained, and twenty pence in told Money, of the Goods, Chattels and Moneys of my said Bailiffs, then and there the aforesaid T. M. took, and the aforesaid E. by force and arms aforesaid, then and there out of the Custody of my said Bailiff, took and rescued, and also the same E. herself, then and there out of the Custody of my said Bailiff rescued, against the will of my said Bailiff, and against the Peace of our Lady the Queen now, etc. and after the said E. is not found in my Bailiwick. By virtue of this Writ to me directed, Otherwise. I have made a certain Warrant to one R. P. my Bailiff, this torn riding, to take and arrest the within named T. L. according to the exigent of this Writ, which truly R. P. by virtue of the Warrant aforesaid, after, that is to say, second Day of May, the year of the Reign of our Lady the Queen within written, twentieth at B. in the County aforesaid, took the Body of the within named T. L. of B. aforesaid, in the aforesaid County of F. which truly T. the Day, Year, and Place aforesaid, by force and arms made an Assault upon R. P. my aforesaid Bailiff, and bear him, wounded him, and abused him, so that they despaired of his life, the same T. then and there out of the Custody of my aforesaid Bailiff, and against his will departed, escaped, and rescued himself, against the Peace of our Lady the Queen now, etc. and after the said T. L. is not found in my Bailiwick. By virtue of this Writ. Otherwise. I have made my certain Warrant, to W. A. the Bailiff of the Hundred of H. which answereth me so, that where he by virtue of the Warrant aforesaid, tenth Day of S. the year of the Reign of our Lady the Queen within written, the twentieth at C. took one J. S. and her to the Castle of our Lady the Queen, of W. would have lead, there to be safely kept, thither came certain J. T. R. S. with many others unknown, with force and arms, arrayed in warlike manner, and out of the Custody of my said Bailiff at the said W. the aforesaid J. took and carried away, and so for fear of his Death, suffered the said J. S. to escape, and for that cause the Body of J. S. aforesaid, before our Lady the Queen, at the Day and Place within contained, wheresoever, etc. I cannot have him, as within is commanded me, and further I certify you, that after the said tenth Day, etc. J. S. was not found in my Bailiwick. By virtue of this Writ, Otherwise. Rescous and Riot. I have commanded J. S. my Bailiff of the Liberty of D, in the County aforesaid, which hath full Return of all Writs, Precepts, and Warrants to him there directed, which truly J. S. such a Day and Year at P. in the County aforesaid T. S. in the Writ to this Schedule annexed, nominated, and by virtue of a Warrant to him directed, took and arrested, and the same T. S. in his Custody, by the occasion aforesaid, then and there had and held, and so being held, etc. one J. G. late of S. in the County aforesaid, labourer (gathering many other Malefactors unknown, and Disturbers of the Peace of our Lady the Queen) to the number of twenty persons, arrayed in a warlike manner, by force and arms, that is to say, Swords, Daggers, Skeines, and Staves, upon the same Bailiff of mine, then and there riotously made an Assault, and beat him, wounded him, and abused him, so that he dispaired of his life, and the aforesaid J. C. and others, etc. and the said T. S. out of the Custody of my said Bailiff, then and there took and rescued, and where he would, at large, suffered him to go, and the said T. S. himself out of the Custody of my said Bailiff, then and there took and rescued, and where he would at large suffered him to go, and the said T. S. himself out of the Custody of the said Bailiff, then and there likewise rescued, against the Peace of our Lady the Queen, etc. and after the said T. is not to be found in my Bailiwick. I J. H. Knight, Sheriff, Otherwise. by virtue of this Writ have made a certain Warrant to J. B. and P. D. my Bailiffs, for travelling this Torn, to arrest and take R. F. to make satisfaction to the within named W. P. of Debt and Damages within specified, as within I am commanded, by virtue of which Warrant, the said J. B. and P. D. Bailiffs, such a Day and Year at H. in the County aforesaid, arrested the foresaid R. F. as by that Warrant they were commanded; and the said R. F. and one G. F. of G. in the County aforesaid, with others unknown, by force and arms, that is, with Swords, Staves, etc. upon the said J. B. and P. D. the same Day and Year at H. in the County aforesaid, made an Assault, and them abused, and then and there made a Rescous, by reason of which Rescous, the same R. F. from that Custody then and there contrary to the Arrest aforesaid, himself rescued, departed, and escaped; therefore the said R. F. at the Day and Place within contained I could not have; and further I certify you, that after that Day the aforesaid R. F. was not found in my Bailiwick. By virtue of this Writ, Otherwise. I made and directed a certain warrant of mine to one T.C. my Bailiff, to attach the within named J.C. by force whereof the said T.C. the ninth day of J. the year of the Reign of our Lady the Queen within written, the twentieth at B. in the County within written, took and arrested the aforesaid J.C. being willing to bring him before me, and so intending, to make and receive, as in the Writ I was commanded, and afterward, that is to say, the said ninth Day of J. the twentieth year aforesaid. The aforesaid J. C. late of B. aforesaid, in the County of H. at B. aforesaid, in the County aforesaid, upon T.C. my Bailiff made an Assault, and from the same Bailiff, then, and there, flew, escaped, and rescued himself, and after the same J. in my Bailiwick, I could not find. By virtue of this Writ, Return to be had. I certify the Justices within written, that I have made Return to the within named J.S. all those beasts of the within named W.S. which to the said J.S. were adjudged, for default of the said W. to be safe, and carefully kept, so that they to the aforesaid W. at the complaint of the said W. by no means should be delivered, without a Writ of our Lady the Queens, which of the said Judgement maketh express mention, accordding to the form of this Writ. Pledges to prosecute, and to have a Return thereof, if Return thereof be adjudged, E.D.R.F. By wertue, etc. I have made a Replevin to R. of the beasts within named, Repleg. as in that Writ I am commanded, and further I certify the within named, our Lady Queen, that no other Writ of replevying the within written beasts, ever besides this Writ was delivered to me, etc. Before the coming of this Writ, the beasts, and chattels, Repleg. where the beasts are carried far off. Otherwise. of the within written K. which W.C. took and unjustly detained, as it is said, were driven fare oft, by the said W.C. therefore I cannot replevie the aforesaid K. his beasts, and Chattels, etc. No Writ of replevin of the beasts within written besides this, was ever delivered to my hands, and further I certify our Lady the Queen, that before the coming of this Writ, the aforesaid beasts were driven fare off, and conveyed to places unknown to me by the said J.T. that I can by no means replevie them for the said W. as within I am commanded. Before the coming of the beasts within written were driven far off, Otherwise. by the within named T.C. to places to me unknown, so that sight of them, to make return to the within named A.H. and T.C. I could not have, as within I am commanded. By virtue, etc. (such a Day, Otherwise. and year) I have made Replevie to R.B. within named, his beasts within mentioned, which the within named T.M. and R.S. took and unjustly detained, according to the form of this Writ, as within I am commanded. And the within named T. and R. are attached, by a hundred sheep, price, 6 pounds, by T. F. Bailifte, by the Plea of J.T. R.M. and the within named R. B. is attached by my said Bailiff, by three Kine, price, three pounds, by the Plea of the aforesaid J. T. and R.M. and no other command of our Lady Queen, besides this Writ of the beasts aforesaid, to be replevied, before the coming of this writ, was ever delivered to me. By virtue etc. I certify our Lady the Queen, Otherwise in Chancery. in her Chancery, that the beasts and Chattels by the within named A.B. first taken, are driven far out of the County within written, to places unknown to me, by the within named T.R. by which means the beasts and Chattels aforesaid, cannot be returned by me, as within, further I am commanded. Before the coming of this writ, Beasts driven far upon the second deliverance. the beasts within written were driven far off, by the within named J. M. to places unknown to me, so that the Beasts within written of J.M. I cannot return, according to the Form of this writ. Pledges to prosecute, and having Return, etc. J. D. R.R. By virtue, etc. I W. A. Precept upon the second deliverance in the County. one of the Bailiffs within named, requested of J.T. and R.N. within written, the delivery of the beasts of T.B. within written, that is to say, of three Oxen, price each Ox twenty Shillings, and of two Horses, price each Horse twenty Shillings, and they refused thereof to make Delivery, and the aforesaid beasts are driven far off, to places to me unknown, by which thereof, I can make no Delivery, as within I am commanded, and the aforesaid J.T. is attached by one of Silver, to the value of twenty Shillings. By virtue of this, Otherwise of replevying a man etc. I certify our Lady the Queen within named that no other Writ or command of our said Lady the Queens, of Replevin, the within written J.C. whom W.S. within named took, and taken keeps, as within is specified, till that Writ of Pluris Repleg. the aforesaid J. came to my hand, neither was it delivered to me, nevertheless, I do further certify the Justices of our said Lady the Queen, that forthwith after the receipt of the said Writ, I came to the aforesaid W.S. to make replevin of the aforesaid J. which the said W. would not show me, but the aforesaid J. before the coming of this Writ, had conveyed to places unknown to me: And after the receipt of the said Writ, the said I. was not to be found in my Bailiwick, so that I could make no Replevin of the said I. by any means according to the command of this Writ, as within I am commanded. No other Writ besides that of Repleving the within named D.G. to my hands as yet came. Otherwise. And further I certify the Justices within written, that the aforesaid D. is conveied away to places to me unknown, by the within named, J.T.E.B. and T.R. By which means I cannot replevy the said D. as within I am commanded. By virtue, Pluries' Repleg. etc. I certify our Lady the Queen, that after the receipt of this Writ, I diligently inquired, throughout all my Baliwick, and I can by no means understand that any of the beasts of the within named W.P. were taken, and unjustly detained, by the within named J.N. as in the Writ is supposed: So that the execution of this Writ according to the Tenor and Effect of the same could not be done by me, as within I am commanded; and further I certify our Lady the Queen that no other Writ of Pluries Replegeare, besides this Writ, was ever delivered to me. Condition, Conned. Repleg. etc. That if the above bounden A.B. and C.D. shall redeliver to the above named Sheriff, all those goods and chattels, and every parcel thereof by H. P. taken, and by reason of a certain Replevin, by the aforesaid Sheriff, made to the aforesaid A.B. and C.D. Repleg. if Return thereof should be adjudged, and the said Sheriff and his Executors, saved harmless, that then, etc. The within written J.H. Withernam. hath no beasts in my Bailiwick, that I can take in Withernam, according to the exigent of this Writ. By virtue, etc. I have taken two brazen Pots, Otherwise. etc. of the Goods and Chattels of T. H. in the writ nominated, in Withernam, and I have caused them to be delivered to W.F. to hold to the said W.F. till the said I.H. the Chattels of the aforesaid W.F. he do deliver, as this Writ, etc. By virtue, Otherwise. etc. I have taken in Withernam at D. in the County within written, two cows, etc. of the Beasts of the aforesaid I.D. and two cows of R.T. within named, which truly Beasts aforesaid, fled from hence, and I caused them to be put in a certain place at S. in the foresaid County, safe and securely there to be kept, according to the Exigent of this Writ Where the beasts aforesaid lie, Otherwise. and the aforesaid I.H. and R.T. have no more or any other beasts at this time in my Bailiwick, that by any means I can take in Withernam as within I am commanded. By virtue of this writ I have taken two cows, and two Steers of the beasts of the within named R.D. and two cows and two Steers of the beasts of T.L. which I caused to be delivered to I.C. within named to be safe and secuerly kept, until the other Beasts of the within named I.C. First taken and conveyed to places unknown to me, I can deliver, as within I am commanded. By virtue of this Writ to me directed, Exigent. at my County Court kept at W. in the County of W. the within written Tuesday, that is to say, the twentieth day of january, the year of the Reign of our Lady the Queen within written, the twentieth, I.C. and other Defendants within named, First were called, and did not appear, and at my County Court, etc. as before the second time called and did not appear, and at my County Court held and so forth. The third time called, and did not appear; and at my County Court held, etc. The fourth time called, and did not appear, and at my County Court held, etc. The fifth time called and did not appear: Therefore the aforesaid, I.C. and the rest of the Defendants within named, by the judgement of the Coroners of the said Lady the Queen, of the County aforesaid, according to the Law and custom of the Realm of England, are outlawed, and every one of them is outlawed. By virtue of this Writ to me directed, Between two Sheriffs. at my County Court held at W. in the County of W within written, on Teusday, that is to say, the tenth day of january, the year of the Reign of our Lady the Queen within written, the 20. R.L. within named, first was called, and appeared not, that Writ so above endorsed, was delivered to me by I. E. Esq late Sheriff of the County within written, my next Predecessor in his going out of his Office, as afore in the back of this Writ. And at my county Court, etc. as before. That Writ so above endorsed, Otherwise. together with the Writ of our said Lady Queen, of Smpersedeas, to that annexed, was delivered to me by M. D. Knight, late Sheriff of the County aforesaid, my next Predecessor. By virtue, For defect of Coroners. etc. at my County Court held there the third Day of November, the said twentieth Year of our Lady Queen Elizabeth within written, the aforesaid T. C. was the fifth time called, and did not appear, and for want of W. B. and R. C. Coroners of the foresaid County, I could not further prosecute. By virtue, etc. and at my County Court, etc. and because there were not more County Courts held in the County aforesaid, from the Day of the Receipt of this Writ aforesaid, till the Day of the Return of the same, by which nothing is done for present, or so; and therefore in the executing of this Writ, what is further to be done, nothing is done. There are joined to them four County Courts, Allocat. Com. at which J. B. within named was called, and appeared not; and further, by virtue of this Writ, at my County Court, held at W. in the County of W. within written, the eight Day of September, the Year, etc. the within written twentieth, the said J. B. was the fifth time called, and appeared not, therefore by the Judgement of the Coroners, etc. and if it be a Woman it shall be so. Therefore according to the Law and Custom aforesaid, Otherwise of a Woman. Supersedeas. A. R. Waiviata est. By virtue, etc. and at my County Court aforesaid, held there the Tuesday, that is to say, the twentieth Day of A. the said Year the twentieth of our Lady the Queen within written, the aforesaid A. R. the fourth time was called and appeared, and brought to me a Writ of our Lady the Queen, of Supersedeas, which is fastened to this Writ, by which, to the executing of this Writ you shall altogether seize, or so. As in the foresaid Writ of our Lady the Queens, of Supersedeas, I am commanded. By virtue, etc. and at my County Court, Delivered himself. etc. the aforesaid J.W. and A. 4. are called, and the aforesaid J. appeared, and delivered himself to our Lady the queen's Prison of E. whose Body before the Justices within written, at the Day and Place therein contained, I have ready, as that Writ in that commands and requires, and the foresaid W. and A. appeared not. And further at my County Court held, Supersedeas. etc. the foresaid W. and A. were called the fifth time, and the said W. brought to me a Writ of our Lady the queen of Supersedeas, which is fastened to this Writ, by which of executing this Writ further, doing any thing for the foresaid W. I have altogether desisted, and the aforesaid A. appeared not, therefore according to the Law and Custom of the Kingdom of England, he is outlawed. By virtue, Outlaries otherwise. etc. and at my County Court held at W. in the County aforesaid, twelfth Day of April, etc. J. H. R.S. I. C and all other Defendants following in this Writ nominated, besides J. H. which brought me a Writ of our Lady the queens, of Supersedeas, therefore to him, to make further prosecution I altogether desist, as in the said Writ of Supersedeas I am commanded. And besides R.S. which yielded himself to the Prison of our Lady the queen of F. within the County of W. whose Body before the Justices, Reddidit se. etc. and so besides J.C. which is dead, did not appear, therefore by the Judgement, Dead. etc. and the foresaid I. C. is waived in presence of F. W. and I. C. Coroners of the said queen, Waived. in the County aforesaid. As to the Exigent, taking, out-Lawing, Otherwise. or in any way molesting the within named P.T. by virtue of this Writ to the Justices of our Lady the Queen within written, at the day and place therein contained: I certify, that by virtue of another Writ of our said Lady the Queen, to me directed and to this annexed, I supersede altogether, as by that Writ I am commanded. By virtue, etc. I. B. and the other Defendants within named were the second time called, Sick. and the aforesaid I.B. appeared, and yielded himself to the Prison of the said Lady Queen of F. within the County of W. aforesaid, and in the same Prison remaineth sick, troubled with many Infirmites', so that for the weakness of his Body, and Danger of Death, he cannot travel, or be carried, by which the Body of the said J. B. before the Justices within written, for the present, I cannot have, according to the form of this Writ, and the within named J. P. and R. R. being the fifth time called did not appear, and because at none of the County. Courts they appeared, the foresaid I. P. and J. R. according to the Law and Custom of the Kingdom of England are outlawed, and either of them is outlawed, as this Writ in itself challengeth and requireth. At the County Court, etc. first, second, third, fourth, he was called, and appeared, and yielded himself to the Prison of our Lady the queen of C. where he is so sick, that for Danger of Death, him before the Justices within written, at the Day and Place therein contained, I cannot have. By virtue of this Writ to me directed at my County Court of W. held at W. in the the County of W. within written, the Tuesday the twentieth day of M. the year of the Reign of our Lady the queen within written, the one and twentieth, I made to be proclaimed, and at my County Court of W. held at W. aforesaid, in the said County of W. the twentieth day of M. aforesaid, the twentieth year of our Lady the Queen, within written, the second time I made it be proclaimed, and also at the General Sessions of the Peace held at W. in the said County of W. in the parts of M. within written, upon Thursday, that is, the twelfth of September aforesaid, the twentieth year of our Lady the Queen, within written, publicly I made to be proclaimed, that J. C. and all the rest of the Defendants within named, should yield themselves to the within named Sheriffs in L. so that the same Sheriffs may have their bodies before the justices within written, at the day and place within contained, as this Writ in itself, commandeth and requireth. W.H. Defendant within named was not found in my Bailiwick, after the receipt of this writ, and for that, Otherwise for the Queen that the said W. in my said Bailiwick could not be found, at my County Court held, etc. I made to be proclaimed that the said W. be before our Lady the Queen at the Term within wrirten, wheresoever then it shall be, to answer to the said Lady Queen, and further to do, as this writ commandeth and requireth, etc. & also at my County Court held, etc. I caused to be proclaimed that the said W. be before our Lady the Queen at the Term aforesaid, wheresoever, etc. to answer to the said Lady the Queen, in form aforesaid, as within I am commanded. Venire facias. The within nominated J. B. hath nothing in my bailiwick by which he may be attached. By virtue of this writ to me directed, I caused to come before our Lady the Queen at Westminster at the day within contained I.B. as within I am commanded. Out of the Exchequer. I. F. within named, hath nothing in my bailiwick, by which I can make him come, neither is he to be found in the same. Note that in the Venire facias, no Issues shall be returned, but in Habeas corpora and distring. Issues. The Issues of every one of them five shillings, and that is by the Statute of, 35. of M. 8. chap. 6 And also in every writ where the clause (if A. shall secure you of prosecuting his claim, it shall be expressed, the Sheriff may delay the Plaint by this Return to say. The within named I.B. hath not found me Pledges to prosecute this Writ; therefore to the executing of the same, nothing by me is done. The Execution of this Writ doth appear in a certain Pannell fastened to this Writ, and sometimes in the Pannell thus. Venire facias, or Distringas Jurat. The jurors between R.T. the Plaintiff, and W.F. Defendant in a Plea of Trespass, and then write the names of the jury, twenty four, A B. C. etc. and under write this. Every one of the jurors aforesaid by himself severally is attached by Pledges, I.D.R.R. but in Distress. The Issues of every one of them five Shillings. And note that in the first Venire facias of the jurors, it is not very material to put in Manucaptors, for that you will make (by this mainprize) the jurors to lose Issues in the King's Court, which is not required at the first time. The execution of this Writ doth appear in a certain Pannell fastened to this writ. Habeas corpora in Debt. The jurors between A.B. the Plaintiff, and C.D. the Defendant of a Plea of Debt, A. B. etc. Every one of the jurors aforesaid by himself severally is secured by T. D.R R. And in this writ you need not return Issues, nor in decem or octo tales, nor you ought to return (Manucaptors) which note, notwithstanding, it is used in divers parts of England, though void. Also the Sheriff may return (Tarde) upon a distringas, and upon the (Decem tales) as it appears in these following, and then the jurors shall not lose Issues, which note. For the distraining of John M. and other jurors within named, Tarde. to be before the justices, etc. the day and place within written, I signify to you, that this writ was so late delivered unto me, that for the shortness of the time, I could not execute it for the present, but of new, I have put to that Decem tales, or Octo tales (as it appears in these following, as in this writ I am commanded, etc. A. B. C. D. E. F etc. But as to ten, as well Knighs, as other honest and lawful men, of the view within contained, to be put among the jurors within contained, the execution of this writ doth appear in a certain Schedule fastened to this writ. Pledges to prosecute J.D.R.R. Habeas corpora in Attaint. Summoners within named, R.F.J.D.R.F. Manucaptors of the Summoners aforesaid, and of every of them, N P. I.C.I.D.R.R. The residue of the Execution of this Writ doth appear in a certain Pannell to this Writ annexed. The names of twenty four Knights, Pannell. between R.S. Plaintiff, and R.F. Defendant, A B.C.D.E.F. to the number of twenty four. Summonitors of the aforesaid jury, and of either of them, I.D.E.C. Manucaptors of the Summonitors aforesaid, and of either of them, I.P.R.C.F.D.E.G. The names of the jury of the first Inquisition (whereof in the writ to this Sceduled annexed) makes mention of I.D.B.C. to the number of twelve. Names. Summoners of the Jnry of the first inquisition, and of each of them, I. D.R.R. Manucaptors of the Summoners aforesaid; Otherwise. upon a Writ Seignill in the Chancery. and of every of them, I.L.H.P.R.S.T.U. Pledges to prosecute I.E.R.R. The within named W.B. is summoned by A.H.R.P. Manucaptors of the Summoners aforesaid, and of each of them, I.H.R.D. The residue of the execution of this writ doth appear in certain Pannells fastened to this writ. The names of twenty four Knights between R.F. Plaintiff, and T.S. Defendant, Pannell. A.B. etc. to the number of forry eight. Every one of the Knights aforesaid, severally by himself is summoned by I D.R.R. Of which every one severally by himself is manucapted by I.B.C.D.E.F.G.H. The names of of the Jurors of the first inquisition, A.B. C.D. to the number of twelve. Every one of the Jury aforesaid, of the first inquisition, severally by himself is attached, and manucapted by Plaintiff I.D.R.F. The names of the jurors of standers by, of new put in, Return of the Panel of standers by. Otherwise. between I.S. Plaintiff, and W. D. Defendant, according to the Form of the statute in this Case published and provided, A.B.C.D. etc. The names of the jurors, of standers by, of new impanelled, and returned by the command of the Justices, at the request of the Plaintiff, for defect of the Jurors above nominated, not appearing according to the Form of the Statute, late for that provided, A.B. etc. The Manucaptors bolow named, J.F.J.D.R.R. Issues three Shillings four pence. Distress. where the Tenant hath no Lands. Against many. J.F. within named hath nothing in my Bailiwick, by which, nor where he may be distrained. T.D. 40 d. A.R. 40 d. etc. are distrained, and each of them is distrained by Land, and his Chattels, according to the Form of this writ, whereof the Issues, as appear above upon their heads and they are manucapted, and each of them, i● manucapted by himself, that is by, I.D.I.S. and P.H. that they be and each of them be, at the day and place within written, according to the Tenor of this Writ, etc. A. 40 d: which was the Wife of B. within written, Against executors executrix of the will of the foresaid B. 40 d. R. R. 40 d. another Executor of the will aforefaid T.S. 40 d. the third Executor of the will of the foresaid B. are distrained, and each of them by himself is distrained, according to the form of this Writ, from whence the Issues, as it appears upon their heads, and each of them is manucapted by himself, that is by four Manucaptors, by name A.B. etc. And there are no more Executors of the will of the said B. nor heirs of him, or of Lands or Tenements which were his in the County of W. as by any means for the present can appear unto me. Pledges to prosecute J.D.R.R. A.B. within named hath nothing in my bailiwick but the Issue first by me forfeited, Favor of the Sheref upon the 2. or 3. Distring. Against a Clark. by which nor where he may be distrained, as to me by any means can appear for this present. W.D. Arch Deacon of R. hath nothing in my bailiwick of lay fee, by which nor where he can be Distrained, Warned, or Attached, by any means at present, as to me can appear. That I should distrain the within written A.B. to be before the Justices within named, Upon a Tarde. at the Day and place therein contained. This writ so late was delivered unto me that for the shortness of the time I could make no Execution thereof. To the Distraining of R.L. and all other the Jurors within written to be before the justices within named at the day and place therein contained: Otherwise upon a Jur. This writ came unto me so late, that for the shortness of the time, could make no execution thereof, but to add, Decem tales, the execution thereof, doth appear in a certain Pannell fastened to this writ. Otherwise for Homage. The Manucaptors within named, J.S.W.P.I.D. His Issue half a Mark. The summoners of the within named R. and E. his wife W.F.R.P. And so of all other actions real, if the Defendants be sufficient. The Execution of this writ doth appear in a certain inquisition to this writ annexed. By virtue of a writ of our Lady the queen to me directed, Partition. and to this partition indented, annexed, I J.D. Knight, Sheriff of the County aforesaid twentieth day of A. year 20. etc. taking with me J.S. etc. twelve free and lawful men of my County, and of the view within written in the presence of H.F. in the writ aforesaid nominated, in my proper person, I came to the Tenements in the said writ nominated, and there by their Oath (respect being had to the true value of the said Tenements with the appurtenances) the said Tenements in partition into three parts equally to be parted, and one part of the said three parts, that is twelve foot in length, and eight foot in breadth, of the House in the foresaid writ specified, extending to the Land of F.G. called G. towards the west, and thirty four foot in breadth, and twelve rods in length, and one Garden in the aforesaid writ specified, lying to the said house, abutting towards the west to the Land of the aforesaid F.G. called B. and the Glebe Land of the Rectory of S. and also, etc. And I the aforesaid Sheriff twentieth day of A. the year, etc. have made them to be assigned and delivered to H.F. nominated in the said writ, to hold to him severally according to the form, and effect, of the writ aforesaid. And as the said writ, in that commandeth and requireth Which truly whole third part of the aforesaid Tenements in the aforesaid Writ specified, Otherwise. to the aforesaid H. in form aforesaid is delivered and assigned, and for the other two parts remaining of the aforesaid Tenements, in the aforesaid Writ specified, J.F. likewise in the same Writ nominated, to the partition aforesaid, to be assigned and Delivered, to the Justices of our Lady the Queen in the Writ aforesaid specified, I certify, that none of the part of the said J. came to receive of me, the aforesaid Sheriff, those two parts, so that those two parts I could not deliver an Assign, as the writ aforesaid, in that doth command and require: In witness whereof, as well the Seal of me the aforesaid Sheriff, as the Seals of the other twelve Jurors to this partition Indented, are put: Dated the year and Day abovesaid. Pledges to prosecute I. D. R. R. The within I. S. and R. B. are attached, and each of them is attached by Pledges, I. D. R. R. The residue of the execution of this Writ doth appear in a Pannell fastened to this writ. Assize of Novel disseisin. Assize of novel disseisin between such a one plaintiff, or Demandant, and such a one Defendant, or tenant in the Plea, etc. A. B. C. D. etc. to the number of twenty four. Pannell. The names of the Recognitors, I. P. and T. W. Summonitors, J. D. T. B. Manucaptors, summoners aforesaid, and every of them, J. S. J. D. Pledges to prosecute. Otherwise. G. C. R. R. R. H. within named, is attached by one _____ of Latin, price eight pence, by Pl. W.D. and T. D. The residue of the execution of this writ doth appear in a certain Pannell annexed to this writ. A Recognition of an Assize of Novel disseisin, Pannell. between J. D. plaintiff, and R. T. Deforceant, of his in B. J.D. etc. to the number of twenty four. Summoners of the Jurors aforesaid, and of every one of them, J.S.J.D. Manucaptors, summoners aforesaid, and of every one of them, J.B.T.C.A.B. and W.H. The execution of this writ appeareth in a certain Pannell to this writ annexed. Otherwise. The names of the Recognitors in an Assize of novel Disseisin between A.B. Plaintiff and J.M. Defendant A. B. etc. to the number of twenty four. Every one of the Recognitors aforesaid, by himself is severally attached by pledges, J.D.RR. The Issues of every one of them, five shillings. The names of the Recognitors of new added, according to the form of the Statute, A. B. etc. to the number of ten. Every one of the Recognitors aforesaid of new added is attached several by Plaintiff, J.D.R.F. By virtue of this Writ, Great Cape. tenth day of M. the year aforesaid, by the view of R.H. and T.H. good and lawful men of my County, I have taken into the hands of our Lady the Queen, the Lands within written, as within I am commanded, summoners, J.D. R. F And if the Writ be sent to the Sheriff, and the place where he ought to execute it, be within Franchises, which hath full return of all Wri, tsthen so. The Execution of this Writ, etc. as before. I J.S. Sheriff of E. have commanded J.W. Bailiff of the Liberty of B. in the County aforesaid, which hath full return of all Writs, and execution of them, within the Liberty aforesaid, in the County aforesaid, and to whom the executing of this writ doth wholly belong to be done, for that that the said execution thereof, otherwhere in my Bailiwick cannot be done, out of that Liberty, which answers me so, etc. By virtue, Otherwise. etc. I have taken into the hands of our Lady the Queen, by view, etc. as before, of the Lands and Tenements of J.M. within named, to the value of one house, etc. as in the Writ is contained, such a day and year, according to the form of this writ, or as it is within commandêd me, or as the writ in that commands and requires, or. Otherwise. The third part of the Houses, Gardens, and rest of the Premises, as within I am commanded. The execution of this writ doth appear in a certain schedule to this writ annexed. By virtue, etc. and to this schedule annexed, Schedule. such a day and year, I have made E. B. widow to have (nominated in the said writ) full seisin of the third part of the Manor of B. with the appurtenances in the same writ specified, that is to say, etc. (and rehearse the particulars, as in the writ to hold to the said J. B. in severalty by Metes and Bounds, in the name of the whole Dowry of the said J. to the said J. belonging, of all the Manor in the aforesaid writ specified, as by the said writ I am commanded. By virtue, &c, Reseisin. such a day and year I caused the Messages or Tenements within written to be reseised, and G.C. within nominated, into full possession of the said houses or Tenements with the apurtenances I caused to be put according to the force, form, and effect of the Statute before specified, as within I am commanded. By virtue, Summons of a Knight. etc. I have caused to be summoned A. B. Knight, one of the Knights of my County, girt with a Sword by B T. and C.B. that he should be before the Justices within named, at the day and place within named, as this Writ in that commandeth and requireth. Manucaptors of the within named, A.B. B.T. and C. B. J.D. R.R. Issues of every one of them twenty shillings. By virtue etc. Scire facias upon appearance. Scire feci,. the within named A. B. and C. D. that they should be before the Justices of our Lady the Queen within written, at the Day and place therein contained, to answer R.H. within named, by J.H. and R.S. good and lawful men of my bailiwick. By virtue, To hear a Record. etc. Scire feci, T.A. & E. his wife within written by J.J. and R.T. that they be before our Lady the Queen at the day within written whersoever, etc. to hear the record and process, whereof this writ maketh mention, and further to do, and receive all and singular, as this writ commands. Nihil. A.B. within named have no Lands or Tenements, Goods or Chattels in my bailiwick, (that I can make him know) as that writ, etc. Neither is he found in the same. By virtue, etc. Scire feci, W.B. Administrator of the Goods and Chattels which were T. P. within named by W. G. and G. K. good and lawful men of my bailiwick, Against Executor or Administrator. to be before our Lady the Queen or the Justices at the day within named, neither were there any more Administrators of Goods and Chattels, which were of the said T.P. in my Bailiwick, to whom or to which for present I could, Scire facere. By virtue, etc. Scire feci, T.U. within named, that he should be, before the Justices within written at the day and place within contained, Upon trespass, utlagat. the Chancery. by J.S. and R.G. to do that which this writ in that commandeth and requireth. By virtue, etc. Scire feci, W.C. Knight, within named, that he be before our Lady the Queen in her Chancery, at the day therein contained, wheresoever he be in England, to show and propound as that writ in that requires, by J. M. and W. D good and lawful men of my bailiwick, according to the form of this writ. By virtue, etc. Scire feci, J. C. within named, Before the Queen. that he should be before our Lady the Queen the 13. Day of N. to show, and further to do and receive, and as that Writ in that commands and requires, by A.B. and C.D. good and lawful men of my Bailiwick, according, etc. By virtue, etc. Scire feci, J.C. within named, Before the Justices of the Bench. that he should be before the Justices within written, at the day and place within contained, to show if he have any thing for himself, or knows to speak, why the within named W.H. and R.E. Execution for the Debt and Damage (as within mention is made) against the said J. C. should not have, as this Writ in it commandeth and requireth, by J.W. and R.C. good and lawful men, etc. By virtue, etc. such a Day and year, etc. By what right. I took into the hands of our Lady the Queen, the Tenements within written with the Appurtenances, and further the same Day and year, Scire feci, as well A.B. chief Lord of the immediate Fee of the Tenement within written, with the Appurtenances, as the within written, H.D. by good and law full men of my bailiwick, that they should be before the Justices within written, at the Day and place therein contained, to hear the recognition within written, as within it is commanded me, and further I certify the same justices, that there is not any other chief Lord of the Fee aforesaid, mediately or immediately, between the Queen and thewithin written. A.B. to whom Scire facere potui. By virtue of this Writ to me directed, Fieri facias. I have taken in Execution the within named ten pounds of the Land and Chattels of the aforesaid R.W. which truly ten pounds before the Justices within written at the Place and Day within contained I have ready, as this Writ ●n that commands and requires, etc. Execut. upon Devastavit. By virtue, etc. Fieri feci, a hundred shillings of the Goods and Chattels of the within named W.H. which truly hundred shillings before the Justices within written, at the Day and place there in contained, I have ready, as, etc. and further I certify the same Justices, that the Executors within written, have utterly wasted the Goods and Chattels of the within named W. H. the Testator, so that the said sum of ten Marks, within written, nor any parcel thereof for present can I levy by Fieri facias. The within named R. B. hath no Goods, Nothing. or Chartels, Lands, or Tenements in my Bailiwick, so that I can levy the Money within specified, by Fieri facias, as within I am commanded, neither is the said R. to be found, nor is there any such person in my Bailiwick. A. M. within written, Otherwise. hath no Goods, or Chattels within my Baliwick of which I can make Execution of that Writ, as, etc. neither is he found in the same, nor hath any Lands or Tenements at the fourth Day of January, nor ever after, as it appears in a certain Schedule annexed to this Writ. By virtue, Where Good, remain unsold. etc. I have taken the Goods and Chattels of the within written A. W. to the value of four pounds, of the within written eight pounds, which Goods and Chattels remain with me unsold, for lack of Buyers, and that the aforesaid A. W. no other, nor more Goods and Chattels, nor any Lands or Tenements hath in my Bailiwick, whereby the residue of the aforesaid eight pounds, so that I can lay no Execution for the residue of the eight pounds, or take any other parcel for present, in Execution, neither is he found in the same. By virtue, Otherwise. etc. I certify the Barons within written, that the tenth Day of A. etc. I took of the Goods and Chattels, Lands and Tenements, of the within named W. to the value, etc. and of the Goods and Chattels, Lands and Tenements, of J. D. etc. to the value, etc. and those I have set to sale, to which I have not yet found Buyers, and therefore the Money, etc. As yet the Goods and Chattels, Otherwise. which late of the Goods and Chattels of the Farmer, occupying and holding the Manor of W. to the value, etc. I took into the hands of our Lady the queen, for defect of Buyers remain unsold, but from Day to Day I expose them to sale, and of the Money arising thereof, as soon as I can, I will answer you. The Goods and Chattels, Otherwise. of which within in that Writ, there is mention to sell, and ten shillings thereof coming to the Exchequer of our Lady the Queen at Westminster, at the Day in the Writ limited, I have made ready, according to the tenor of this Writ. By virtue, Otherwise. etc. I have sold the Goods and Chattels within written, by me first taken, and also I have laid Execution of the Goods and Chattels of R. S. within named, for the residue of the Debt therein contained, so that I have all those Moneys ready, before our Lady the Queen, at the Day and Place within contained, to pay to the within named H. W. as within I am commanded. To levy the Money by Fieri facias within written, Supersedeas. by virtue of a certain Writ of the Queens of Supersedeas, to me directed, I do altogether desist, which truly Writ of Supersedeas I send you annexed to this Writ; and further I certify, that the said J. C. hath not any other, or more Goods or Chattels, Lands or Tenements in the same, my Bailiwick, from whence any Money can be levied for present, etc. Restitution upon Fieri facias. Nihil. J. G. and others within named have nothing, nor any of them have any thing in my Bailiwick, whereby Restitution of the Goods and Chattels within written, (for the foresaid W. M. to have) I can make, nor the four and twenty pounds within written, to the said M. could I make to be levied, as within, etc. T. F. within written, Levari facias otherwise. hath no Goods or Chattels in my Bailiwick, of which the Money within written, nor any parcel thereof I can levy, as within I am commanded, etc. By virtue, Otherwise. etc. I have taken into the hands of our Lady the Queen, a certain Inn, with three Shops in such a place, of the said J. T. within written, which are worth by the year over reprises, ten pounds; and that the said Inn and Shops aforesaid, I safely keep, till I have other from you in command. The Execution of this Writ appeareth in a certain Inquisition, etc. An Inquiry indented, Inquiry of Damages. taken at W. in the County of W. such a Day and Year, before R. W. Esq Sheriff of the said County, by virtue of a certain Writ of our Lady the queens, to the same Sheriff directed, and to this Writ annexed; and this Inquiry was finished, by the Oath of R. S. etc. to the number of twelve Jurors, which say upon their Oath, that A. P. in the Writ to this Inquisition annexed, nominated, sustained loss by the occasion of the Trespass by J. H. in the foresaid Writ nominated, as in the same writ, mention is made, to forty shillings, and for Expenses and Charges of the said A. P. spent by him upon the Suit in this part to forty shillings, in which thing, etc. By virtue of this Writ J. W. S. Esq Sheriff of the County within written, ●●egit. such a Day and Year, did deliver to J. B. the half of the Manors in this Inquisition, to this writ annexed, specified, with the Appurtenances, by an Extent made in the said Inquisition, to hold to him and his Assigns, as his , until the said J. B. hath levied his Debt and Damages within written, as within I am commanded. By virtue of this writ, Otherwise. such a Day and Year, I have caused to be delivered to the within named A. B. the half of the Manor of S. with the Appurtenances, extended to the yearly value of forty pounds sterling in all issues, ultra reprises, by twelve Jurors in the Inquisition annexed to the writ, nominated, of which truly Manor with the Appurtenances, B. G. and E. his wife were thereof seized as in right of E. his wife, in Fee, as of , Day of the taking this Inquisition aforesaid, as in the said is found, to have and to hold the same half of the Manor aforesaid, with the Appurtenances so extended to the aforesaid A. B. and his Assigns, as his , till the within named forty pounds from thence he shall levy, according to the form of this writ. The Residue truly of Executions of this writ do appear in a certain Inquisition to this writ annexed, etc. Of a Liberate after an Extent made upon an Obligation, of a Statute Staple. By virtue, Deliberation. etc. I have delivered to the within named B.S. the Manors, Lands, and Tenements within written, to have to him and his Assigns as their , until to him of the Debt within written, together with his Damages, Charges, and Expenses be fully satisfied, etc. By virtue, Extent. etc. I certify our Lady the queen in her Chancery at the Day and Place therein contained, wheresoever they be, that such a Day and Year I delivered the Seisin and Possession of, and in the Manors, Lands, and Tenements within specified, to the within named W. C. according to the exigent of this writ, and the within named H. M. is not found in my Bailiwick. J. M. within named is not found in my Bailiwick, Otherwise. therefore I cannot take him at present, but as to the extending, and valuing all the Lands and Tenements of the said J. M. according to the form of this Writ; the Execution thereof doth appear in a certain Inquisition to this writ annexed, which truly Lands and Chattels in the said Inquisition contained, I have caused to be seized into the hands of our Lady the Queen. A. B. within named is not found in my Bailiwick, Otherwise, within Liberties. and therefore by virtue of this Writ to me directed, I have extended and apprized all the Lands, and Tenements, Goods, and Chattels of the aforesaid A. in my said Bailiwick, which truly Extent is to this Writ annexed; and also all the Lands and Tenements aforesaid, in the same Extent specified, together with his reasonable Damages and Costs I have levied according to the form of the Statute, thereof enacted and provided, and according to the form of this Writ. By virtue, etc. To give Seisin. I have taken the Goods and Chattels of J. M. within mentioned to the value of all the Money within written, and have set them to sale, and because I have not yet found Buyers, therefore the Money within, etc. I cannot have at the Day and Place within contained, as, etc. By virtue, &c I certify the Justices within written, To deliver Seisin. that such a Day and Year within written, I have caused A. B. to have full Possession of one House with the Appurtenances in S. within written, in all, as this Writ, etc. By virtue, etc. such a Day and Year within specified, Otherwise. I caused the within named A. B. to have and to be assigned, full Seisin of a Manor and Tenement within specified, in a convenient place, that is to say, of the Manor of F. twenty Acres of Land, a hundred Acres of Meadow, etc. with the Appurtenances in F. etc. in the County within written, according to the form and effect, etc. By virtue, View. etc. I have made R. G. to have the view of one House with the Appurtenances in C. and I have told R. S. and J. D. T. M. and H. R. four Knights of those, which were present at the view, that they should be before the Justices within written, at the Day and Place therein contained, to testify that view, as that Writ in it commandeth and requireth. By virtue, etc. I certify the Justices within written, that none, of the part of R. S. came to show me the view of a House, and Meadows, with their Appurtenances within written, therefore touching the Execution of that Writ, nothing is done by me, for this present. By virtue, To have the view. etc. I certify the justices within written, at the Day and place within contained, that such a Day and year, I caused the within written J.F. and M. his Wife to have the view of the House, etc. within specified, with the appurtenances, and I told A.B.C.D.E.F.G.H. four Knights of my County, which were present at the view, that they should be before the justice's aforesaid, at the Day and Place therein contained, to testify that view, as within I am commanded. By virtue, Otherwise. etc. of our Lady the Queens, to this schedule annexed, I have caused I.G. in the said Writ nominated, to have the view of sixty Acres of Pasture, with the appurtenances in G. which H.F. in the Courrt of our Lady the Queen, before her justices at Westminster claims as his Right and inheritance, against the aforesaid I G. by a writ of the Queens, in Form of Gift in Discender, and I said to four Knights, which were present at the view, that they should be before the justices of oursaid Lady, the Queen at Westminster, at the Day in the said Writ specified, to testify that view, as in the said Writ I am commanded. None came to me of the part of the within named R. F. Otherwise. to show me the view of a Pasture within specified, for which cause I could not make the view of that Pasture within written to R.F. to have. The execution of this writ doth appear in a certain inquisition to this writ annexed. Inquisition indented, Inquisition. taken at G. (which is a place wasted) in the County of D. such a day and year, before W. L. the Sheriff aforesaid, by virtue of a Writ of our Lady the Queens, to the same Sheriff thence directed by the Oath of twelve men sworn, which say upon their Oath, that R.M. in the said Writ nominated, made Waste, and destruction in a Wood, in which, in the Writ aforesaid there is mention, and in the Wood aforesaid, cut twenty Oaks, price every one twenty pence, part whereof he sold, and part carried away, to the disinheriting of W.F. within written, and against the Form of provision in the said Writ specified, and say upon their Oath, that the aforesaid R. hath made no more Waste in the Wood aforesaid, as to them any way can appear, in witness of which thing, etc. By virtue, etc. I came to a place wasted, Otherwise. in the Writ contained, as within I am commanded, and the residue of the execution of this Writ doth appear in a certain inquisition to this Writ annexed. An inquisition indented, Inquisition. taken at F. in the County of W. such a day and year, before W. K. Esquire, Sheriff of the aforesaid, by virtue of a certain Writ of our Lady the Queens to him directed, and to this inqusition annexed, by the Oath of A. B etc. to the number of twelve, which say upon their Oath, that I.B. in the aforesaid Writ nominated, made waste, sale, and destruction, in Tenements, Lands, and woods, in the aforesaid Writ specified, that is to say, in suffering a Hall, etc. in the writ specified, to be uncovered, by which the great timber of the same House, by tempests of Rain falling upon them, became rotten, etc. By virtue of this writ to me directed, I have made to come before the Justices within written, at the day and place therein contained, all writs, Ass. of jurors, and Certificates in the County of W. within written, together with the Pannells, Attachments, Reattachments, Re-summons, and all other Adminicles, Ass. of jurors, and certify those whom they concern, I have made also, made come before the said justices at the Goal Delivery of our Lady the Queen of F. of the Prisoners therein, being to be delivered, assigned at F. aforesaid, at the aforesaid Day, all the Prisoners in the Goal aforesaid, being them any way concerned, and to the view of every Town and place, where the Felonies (of which the said person indicted apppealed, or arrested were) were committed, as well within the Liberties, as without; twenty four good and lawful men, to whom the truth of the thing, may be best known and inquired, and who are not any way of kindred to the said Prisoners, together with four men, and Governors of their Town or place, to do that which then and there, to them on the behalf of the said Lady our Queen, they are now enjoined: and also I have made it to be publicly proclaimed throughout my whole Bailiwick, that all they which would follow against those Prisoners, that then they should be there against them (as it was just) to prosecute; and I did give understanding also, to all the justices of the Peace, Coroners, Stewards, Bailiffs of Liberties, and Hundreds, of the County aforesaid, that then hey should be there with their Rolls, Records, indictments, and other their remembrances, to do that which to their Office belonged; as within I am commanded. The residue of the execution of this Precept, doth appear in a certain schedule to this Precept annexed. By virtue, Session. &c, I have made to come before the justices within written at M. within specified, the day and year within contained, all Constables, and Bailiffs of Hundreds, and Burghers within specified, and also of all aforesaid Hundreds, twenty four jurors, to do those things, which to them on the behalf of our Lady the Queen, then and there, they are enjoined: I have also given notice to all Constables, and Bailiffs of Hundreds, within written, that they should be there, having the names of all the Artificers, Labourers, and servants of Husbandry, within the Hundred aforesaid, against the form of the statute, to that end enacted, and provided. And likewise, I caused very sufficiently to be proclaimed within my Bailiwick, that all they, which as well for the said Lady the Queen, as for themselves, against any of the Artificers, Labourers, and servants, any complaint according to the Form of the statute, provided to complain off, or would prosecute, that then they should bring in their Bill before the justices, if they thought fit, as within I am commanded. A Calendar. A Calendar of the names of the Justices of peace, Derby. of our Lady the Queen, Coroners, Stewards, Bailiffs of Liberties, and Hundreds, in the County aforesaid, Summoniters, at the Assizes held at C. in the County aforesaid, the Thursday, in the fourth week of Lent, the year of the Reign of our Lady Elizabeth, by the grace of God, of England, France, and Ireland, Queen, Defender of the Faith, etc. twentieth, of the names of the Prisoners in Goal of D. aforesaid, being A.B.C.D. The names of the Justices of the Peace. A. B.C.D.&c. The names of the Coroners. A. B.C.D.&c. The names of the Steward, and Bailiffs of the Liberty. E.F.G.H. The names of the Bailiffs of the Hundred. I. K.L.M. The names of the Prisoners in the Goal of D. being J.S. repreived. J.N. taken at S. for suspicion of Felony. Process in the Chancery. I have made to be chosen two Knights, For the Knights of the Parliament to be chosen. girded with Swords, the most fit and discreet of my County aforesaid, that is to say, W.F. and J.S. which truly Knights have a full, and sufficient power for the County aforesaid, to do and consent to those, which at the day and place within named, of the Common Council of the Realm of the Queen of England, ordinarily are handled, and the aforesaid W.F. and J.S. are Manucapted, by J.P.W. B.J.D. and R.N. to be at the Parliament of the Lady the Queen at Westminster, at the day within contained, to do, as that Writ in it commandeth, and requireth: I have also made a Precept, tby virtue of this Writ to J.P. and W.S. Bailiffs of the Liberty of the Town of G: that of the Town of G. they should cause to be chosen two Burgesses of the discreetest, and most sufficient, that they be at the Parliament of the said Lady the Queen, at the day within contained, to do and consent as aforesaid, which truly Bailiffs so answer me, that they have caused to be chosen of the aforesaid Burrow of G. two Burgesses discreet, and most sufficient, to be of the Parliament aforesaid, that is to say, S. W. and R.W. By virtue, etc. at my next County Court, For choosing Burgesses of the Parliament, after the receipt of the same, held at W. such a day and year, in my full Court, I caused to be proclaimed all things in that writ contained, according to the Form and effect of this Writ, as, etc. the residue truly of the execution of this Writ, doth appear in certain Indenture to this Writ annexed. This Indenture made such a day and year, Indenture. between M. P. Sheriff of the County of C. of the one part, and J.D. and A.B. etc. of the other part, witnesseth, that according to the Form of the writ to this Indenture annexed (Proclamation being made in the full County Court, held at C. such a day, and year) the aforesaid J.D. and S.B. etc. which were in the County Court aforesaid, at the making the Proclamation, according to the Form of the Statutes in the writ aforesaid specified, and the command of the said writ, chose A.D. and J. A. to be Burgesses of the City aforesaid, at the Parliament in the said writ specified, which have a full and sufficient power for them, and the County of the City aforesaid, to do and consent, as the writ in itself commandeth and requireth, in witness whereof, the parties aforesaid to these Indentures have severally set their Seals, etc. By virtue of this writ, as well within the Liberties as without, Upon the Writ of receiving the order of Knighthood. throughout my whole Bailiwick, I have made to be proclaimed, that all and singular persons, that have Lands, Tenements and Rents, as is within written (whose names in a certain schedule to this writ annexed are written) at the presence of our Lady Queen, about the Feast within written, personally shall appear, and come to take the aforesaid order, as within I am commanded. By virtue, Adjournment. etc. all writs to me delivered, or to be delivered, before the justices within written at Westminster, in Octabis of Saint Hillary, returnable, or returned, I have before the justices within written at Westminster, the day, etc. together with all executions of the same, and further army County Court held at N. such a day and year, publicly I made to be proclaimed, that the parties in the same writs named, should keep their days before the justices at Westminster, the next Term, as this writ, etc. By virtue of this writ, Certior are upon protection. of our Lady the Queens within written, in her Chancery, under my Seal, distinctly and openly, that I certify W.T. within named, under the safe custody defence & tuition of the Town, Castle, of the Marches of the Queen at Calais, in obedience to the said Lady Queen in S. aforesaid, the said kinsman of hers holding place as General of the Town, Castle, and Marches aforesaid, according to the Form of the Queen's Letters Patents, by which the said Lady Queen took the foresaid W. T. into her protection and defence, doth not stay, but draweth his stay in the City of London, intending his own proper business, etc. I J.D. Knight, Sheriff of the County within named, Supplica● vit. do certify our Sovereign Lady the Queen in her Chancery, that before the coming of this Writ, A.B. the within named was taken in my Bailiwick, and in the Queen's Prison, there under my custody detained, by virtue of a certain other writ to this Writ annexed, for which truly, the aforesaid A.B. before the coming of this Writ was delivered in the Bailiwick to A.B.C.D.E.F. and H.P. which undertook, and each of them undertook by himself, for the aforesaid A. B. upon the pain of ten pounds, that he should do no damage or ill to H. P. in the said Writ of Supplicavit specified, within the space of such a day next coming, nor by any Means should procure it, which 10. l. the Manucaptors aforesaid granted, and each of them for himself granted of their Lands and Tenements, and of each of them to the use of our said Lady the Queen, should be levied, if any damage or ill came to the said A.B. or by his procurement in the mean time, any should come by any means, etc. and this is the Surety of the Peace, which the aforesaid A.B. before me hath found. Under which truly Bail, Or so. the aforesaid C. was suffered to go at large out of the Prison aforesaid, and afterwards returned not to my custody; therefore the body of the said C. before our Lady the Queen, at the day and place within contained, I cannot have. I. etc. certify our Lady the Queen in her Chancery, Or so. that R.P. within named, hath found to me no security of the Peace, of which within there is mention, but remains in prison of our Lady the Queens, under my custody at present. For certain, Or so. truly complains of the threats the aforesaid J. B. before the coming of this Writ was delivered in Bail to A.B.C.D.E.F. and G.H. which undertook, and each of them did undertake upon the pain of twenty pounds for the aforesaid J. B that he should do no damage, or any ill to the aforesaid H.P. and T. D. or either of them, until the Day after the Feast of Saints next coming, nor should procure to be done, which truly twenty pounds, the aforesaid Manucaptors granted, and each of them to be levied to the use of our Lady the Queen, if any Damage or ill to the said R. P. and T. D. or either of them by the aforesaid J.B. or by his procurement, to any of them, should come in the mean time, under which bail truly, etc. at large, etc. Before the coming of this Writ, Ne exeat Regnum and before any execution thereof, A.B. C. D.E.F.&c. Came before J.D. Sheriff of W. and undertook before me the aforesaid Sheriff, for L. M. that is to say, Every one of the Manucaptors aforesaid, under the pain of ten pounds that the said L. before the day after All Souls next coming, should not convey himself to any parts beyond Seas; to prosecute or attempt any thing there to the prejudice of the said Lady the Queen, or any of the People of the said Queen, or the loss of our State of England, should prevail, nor from hence to send any body for that cause, which truly sum of ten pounds the said Manucaptors granted, and each of them for himself, granted of their Lands and Chattels, to the use of the said Lady Queen to be levied; if the said L. any thing against the form of this Mauncaption aforesaid, shall do, or cause to be done, or by any means attempt: And here is the Tenor of the security, whereof within there is mention made, which to the said Lady Queen into her Chancery, etc. at the day and place, etc. I send. By virtue of this Writ to me directed, Proclamation out of the Chancery. I have made a public Proclamation within my bailiwick, that the within named H.B. upon the pain of his allegiance, before our Lady the Queen in her Chancery aforesaid, at the day within written shall appear, as within I am commanded, and likewise I certify the said Lady Queen, that the within named H.B. is not to be found in my Bailiwick. By virtue of this Writ, Praemunire. such a day and year by J.S.T. W.R.T. and E.F. good and lawful men of my bailiwick, Praemunire feci, W.R. Clarke within nominated, that he should be before our Lady the Queen, at the day within contained whersoever, etc. to do and to receive as that Writ in it commandeth and requireth, and J. B. and the rest of the Defendants within named, have nothing within my bailiwick, by which I can Praemunire facere, for present, neither are they to be found in the same. I certify our Lady the Queen that the within named I. H. before the coming of this Writ to me directed, was dead. Of choosing a Verdecer in the Forest. And that I after the receipt of this Writ to me directed, in my full County Court held at Wilton in my County the 29th. day of May the year within written, by assent of the said County, in the place aforesaid, I made to be elected one N.S. Esq a Verdecer of the Forest of B. within written, to do as the said Writ in that commandeth and requireth. At my County Court, held such a day and year, Election of a Coroner. in the full County aforesaid, by virtue of this Writ, and by the consent of the said County in the place of P.H. within named, (which died) I chose a Coroner, that is to say, I.W. who (as the manner is) took his corporal Oath, that he should do those things, and observe what to the Office of a Coroner in the County aforesaid appertained to be done, as within, etc. By virtue of this Writ I summon, Arch-Bishops, Justices of Forrest Summon. Bishops, Abbots, Earls, Barons, and all other free Tenants which have Lands and Tenements within the bounds of the Forest of the said our Lady the Queen within written, in my County, and four men, and the chief of every town within the bounds of this Forest, and also twelve good and lawful men of every town within the bounds of the said Forest dwelling, which ought to come and were wont, that they be before our Instices within written, at the day and place within contained, as within I am commanded. Publicly also I have made to be proclaimed through all my Bailiwick, as well in Burroughs as in other Towns, and in Fairs, Markets, and other public places, that all those which by Charters of our Lady the Queen, now, or of her Predecessors, or her Progenitors, or any way, any liberties or Franchises claim to hold, and by what warrant, that they be before our said Justices, at the day and place aforesaid, I also made to be proclaimed that all attached for Vert or Venison, or hunting in the Forest aforesaid, after the last Plea of the Forest aforesaid held, and their Pledges, and Manucaptors aforesaid to be, and before the aforesaid Justices to stand to their right, and to do those things which according to the Law of the Forest they ought to do. The residue of the Execution of this Writ doth appear in certain Pannells to this Writ annexed. By virtue, Capias ut legatum. etc. I have taken the body of H.S. within named, whose body before the justices within written, I have ready at the day and place therein contained, as within I am commanded, the residue truly of this execution of this Writ, doth appear in a certain Inquisition to this annxed. Before the coming of this Writ, Other wise between 2 Sheriffs. J.M. Esq late Sheriff of the County of W. the within named T.D. took, and in the Prison of our Lady the Queen's Prison with him detained, by virtue of a certain Writ of our Lady the queens to the late Sheriff directed, which said T.D. late Sheriff, together with the Writ to him directed, to me J. D. Knight, now Sheriff of the County aforesaid, in the end of his Office, hath delivered, whose truly body and the Writ to the said late Sheriff directed, J. the aforesaid now Sheriff before the justices within written, at the day and place aforesaid, have ready, to do and receive what the said Writ in that commands and requires. This Writ as it is above endorsed, Testificate returned of the late Sheriff. together with the inquisition to this Writ annexed twentieth day of June, in the year of the Reign of our Lady the Queen within written, ninth, was delivered to me J.D. Knight, Sheriff of W. within written by J. E. Esq late Sheriff of the County aforesaid, my Predecessor, in the going out of his Office. This last return ought to be written in Roman Letters. By virtue, Certiorare. etc. All and singular indictments, R.B. within named before our Lady the Queen, wheresoever she were in England, at the day within contained, I send in a certain Schedule to this Writ annexed. We A.B. and C.D. Coroners of our Lady the Queen of the County within written; Otherwise by the Coroners. Do certify the justices within written, at the day and place within contained, that we have searched the Rolls, and other our remembrances, and also all and singular writings of all and singular Courts held in our presence, as well at the Suit of our Lady the Queen, as at the Suit of G.H. or any other published, and we can find nothing thereof nor can certify any such Record, before the justices, according to the form of this Writ. By virtue, etc. I certify the justices within written, that such a day and year, I took into the Queen's bands 3. Cessation by two weeks. Houses etc. within written, by the view of A.B.C.D.E.F. and. G.H. good and lawful men of my bailiwick, as within I am commanded. By virtue, etc. Dedimus potestt atem. I certify our Lady the Queen into her Chancery, that A.B. within named, before us hath taken his Corporal Oath, that the Letters Patents (whereof within there is mention made) came to the hands of the within named C.D. his Testator. But by his Oath, he saith, that nothing of the Articles and other circumstances in the same Letters Patents specified, before him was found. The Answer of H.L. and J.D. Commissioners. By virtue of this Commission to us directed, The return of Commissions. we have taken the Answer of T. D. within named, upon the holy Evangelist, that all things in the said Answer are true, which Answer so taken is to this Commission annexed, together with the Bill, together in the same directed, and all other things which in the said Commission are contained, or belong to it, we have made to be done, according to the effect and tenor of the same, as within we are commanded. Return for the Chancery, or the Master of the Rolls. By virtue, etc. there was a Search made amongst the Records of the Chancery of our Lady the Queen within written, and in them, or any of them, I find as yet no Record for the Queen's title, by which it can appear, of any Lands or Tenements, with the appurtenances in S. in C. which were of late the within named J. S. which ever came to the hands of our said Lady the Queen, as in this Writ is supposed. I certify the Justice's aforesaid, Decies tantum. that the within named S.A. at the day and place therein contained, before you I have ready, to do and receive, what the Court of our Lady the Queen within written shall consider of that, according to the form of this Writ. I J.D. Surety o● the Pe● assigned one of the Justices of our Lady the Queen in the County of D. of the Peace to be kept. Send before our Lady the Queen in her Chancery, the Tenor of the security of the Peace, of which in the said Writ there is mention, under my Seal, as the said Writ in that commandeth and requireth, etc. Which truly security is annexed to this Writ Security of the Peace as it is taken. The answer of T.F. Mayor of the City of D. and one of the Justices of our Lady the Queen, assigned in the same City to preserve the Peace. By virtue, Certificate schedule. etc. All and singular the Recognizances, which A.D. and the rest within named before the justices within written, late made, with all things touching them, before our Lady the Queen, at the day and place therein contained, I send under my Seal to these presents annexed as within, etc. T.F. Mayor of the City aforesaid. Process out of the Exchequer. The within named Lady J.S. hath nothing in Manors, Nihil. Lands, and Tenements within written, but with J.S. Esq whom she took to Husband. By virtue of this Writ to me directed, I have taken the body of the within named J.S. whose body, Ce●i Corpus. before the Barons within written I have ready, as within I am commanded. By virtue of this writ to me directed, I certify the Barons within written, I have taken, as well the body as the Lands Distress. that I have taken the body of the within named J.R. whose body before the said Barons, I have ready, at the day within contained. And also twentieth day of January the eighth year within, written I took into the hands our said Lady the queen, by name of Distress, certain Lands and Tenements of the within named J.R. lying and being in B. of the yearly value of a hundred shillings, as the said Writ in it commanded and required. The within named J.E. is not to be found in my bailiwick, I have taken as well body as goods. nor hath any Goods or Chattels in my Bailiwick: But by virtue of this Writ to me directed I certify the Barons within written, that the fifteenth day of June in the twentieth year of the Queen within written, I took into the hands of the said Lady the Q. in name of Distress, seven Houses or Tenements with their appurtenances in M. which are of the clear yearly value of fifty shillings, and one chief House or Farm, with the Appurtenances in W. of the yearly value of five Marks. The within named A B. is not to be found in my bailiwick, 〈…〉. and further I certify the Barons within written, that by virtue of this Writ to me directed. Such a day and year within written, I took into the hands of our Lady the Queen, one House or Tenement, with the Appurtenances in B. in the County of W. within written, of the yearly value of ten pounds, as the Lands and Tenements of the within named A.B. And also six cows, one Bull, and one Gelding, price in all eight pounds of the Goods and Chattels of the said A.B. in name of Distress, as I am commanded. All which truly goods and chattels with me remain unsold for defect of Buyers, and the said A.B. no other or more goods and chattels, Lands or Tenements, hath within my bailiwick, which into the hands of our Lady the Queen for present, by any means I can take or seize I certify the Barons aforesaid, Otherwise. that by virtue of this Writ to me directed, the eighth day of J. etc. within written, I have taken into the hands of our Lady the Queen, the Manor of S. with the Appurtenances within written, as, etc. The residue of the execution of this Writ doth appear in a certain schedule to this Writ annexed. Schedule. An Inquisition indented, taken at S. in the County aforesaid the eighth day of January the year, etc. Before me, J.H. Knight, Sheriff of the County aforesaid, by Writ of a Right close, of the said Lady Queens to me directed, which is annexed to this Inquisition, by the Oath of J.D.R.R. etc. good and lawful men of the County aforesaid, which do say upon their Oath, that the Manor of S. with the appurtenances, is of the yearly value of five pounds, besides all charges, and reprisals, in witness whereof, etc. The Manor of S. within named lieth in the County of G. and not in the County of W. Therefore I cannot distrain the Tenants there, as within I am commanded. By virtue of this Writ to me directed I. certify the Barons within written, that the twentieth day of March, Take into the hands the 8th. year of our Lady the Q. within written, I took into the the hands of the said Lady Queen, the Manor within written with the Appurtenances, as within I am commanded. If it be with inquiry for the yearly value. The residue of the execution of this Writ appears in a certain inquisition taken, to this writ annexed. The within named W.B. and M. his Wife, Who is Tenant. are Tenants of the third part of the Manor aforesaid, in three parts divided, and C.A.M.E. and J. B. the Daughters of C.D. dead, are the Tenants of the second part of the Manor within written, in three parts divided, and the other third part of the Manor within written, remains in the hand of our Lady the queen, by reason of the nonage of T. B. Son and Heir of the aforesaid C.D. The Manucaptors of the forenamed W. B. and M. his Wife. J.D.R.R. The within named A.B. hath nothing in my Bailiwick, Venire facias. Crown office or Exchequer. by which he may be attached, or where I may take him. The within named A. B. is attached by Pledges, that is, J.D.R.R. If he be an Earl or a Countess. The Issue of them half a Mark. And further, if these words are repeated in the Writ (and also to show) twenty shillings. The within named R. A. hath nothing in the Land, Distr. of the Tenement and Hereditament within written, by which I can distrain him. No such Manor, Otherwise. nor any Lands or Tenements known by the name of E. lying in the County of W. whereof I can distrain the Tenants, as within I am commanded. The within named J.K. and R.K. have nothing, nor either of them hath any thing, within my Bailiwick, and further I certify the Barons within written, that none are Executors, or Administrators of the goods and chattels which were the within nameds M. K. whereby them, or any of them I can distrain. The Manucaptors of I S. Gent. Tenant of the Lands, and Tenements within specified, which were the within named M. K.I.D.RR. The Issues thirteen shillings four pence. By virtue, etc. I have taken Execution of the Goods and Chattels of J.H. within named, a certain Demise and Grant to the said J. H. by one to T. G. of one part, and the aforesaid J. H. of the other part, for term of one and thirty years, to begin from the first day of january, the year of the Reign of our Lady Elizabeth, within written, as by that Indenture bearing date the same day and year fully appears, of and in a House or Farm with the Appurtenances, situate, and lying, and being in L. in the Parish of f. within my Bailiwick, called or known by the name of B. together with all and singular Lands, Meadows, Feeding, Pastures, Woods, Underwoods, Waters, and Pastures, with all their Appurtenances, situate, lying, and being within the Town, Parish, and Fields of F. aforesaid, and likewise in my Bailiwick; and the aforesaid Lease, and all the whole Right, state, Title, term of years, Possession and Demand, which the aforesaid J. H. now hath, of and in the foresaid Premises, by virtue or force of the said Demise and Grant, or otherwise I have set to sale, and sold to one R.G. Gentleman, for the sum of threescore and sixteen pounds thirteen shillings and four pence, and also I have taken in Execution other Goods and Chattels of the aforesaid J. H to the value of threescore and five pounds six shillings eight pence, which truly sums of Money so in form aforesaid by me levied, in the whole do amount unto 132. pounds and twelve pence, and the same sums before our Lady the Queen, at the day and place aforesaid I have ready, and to be given to the within written E.P. and J. his Wife, in part of satissaction of the Damages within written, as by that Writ I am within commanded. And that I. H. hath not other Goods or Chattels in my Bailiwick, that the residue of the aforesaid one hundred threescore and five pounds six shillings two pence can be had or levied, according to the command of this Writ. By virtue, I have taken into the Qu. hand. etc. tenth Day of S. the year of the Reign of our Lady the Queen within written, twentieth, I J.S. Knight, Sheriff of W. within written, have taken, resumed, and seized into the hands of our Lady the Queen, all those Tenements, Shops, Gardens, and all the other the Appurtenances, by virtue of the Writ aforesaid to be resumed, which do appear in the Inquisition to this Writ annexed. By virtue of this Writ to me directed, Of setting to sale. from day to day I have set to sale those Goods and Chattels to the value of a hundred shillings, residue of the eight pounds, which were of the Goods and Chattels, Lands and Tenements, T. F. within named, and there I sold to the value of forty shillings, which truly forty shillings I have ready at the day and place within contained, as within I am commanded, then there to be paid; and the residue of the Goods and Chattels aforesaid, then with me remaining unsold for want of Buyers, but I will set them to sale from day to day, and when they happen to be sold, the money thereof coming before the Barons within written, I will bring, according to the form and effect of this Writ. Those Goods to the value of twenty Marks within written, Otherwise. which by virtue of the Writ of our Lady the Queen, lately now to me directed, I have taken of the Goods and Chattels, Lands and Tenements, which were lately T. F. within named, and have set them to sale, and sold them, and the Money thereof I have ready to bring to the Barons within named, at the day and place therein contained, as therein I am commanded. A. B. and C. D. within nominated, Are dead. were dead long before the sending out this Writ, neither have they any Goods or Chattels, Lands or Tenements within my Bailiwick, which I can extend and value, as by this Writ I am commanded. The within named A. B. and C. D. are dead, For the shortness of time. Scire feci. and to the rest of the Execution nothing is done by me, for the shortness of the time. By virtue, etc. Scire feci, J.C. within named, that he be before the Barons within written, at the day and place within contained, by J. C. and R. S. good and lawful men of my Bailiwick, as within I am commanded. There are no Executors of E. within written, Against Executors. nor Administrators of the Goods and Chattels which were his, nor Heirs, nor Tenants of Lands and Tenements, which were his in my Bailiwick, to whom by any means I can give the Scire facias. I.D. and the rest of the Defendants within named, Otherwise. have nothing in my Bailiwick, by which I can them Scire facere. By virtue, Non omittas. etc. I have taken of the Lands and Tenements of W.R. to the value of forty shillings, which I have ready for the Barons within written, at the day and place therein contained, as within I am commanded: and further, I certify the Barons within written, that the aforesaid W. hath no other, or more Lands nor Tenements, Goods nor Chattels in my Bailiwick, whereof the residue of the Debt within written I can levy by Execution, as the said Writ in it commandeth and requireth. Here follow certain Cases of the Common Law, upon the Returns aforesaid, and others. BEcause Justices (to whose Duty it belongeth, West. 2. cap. 35. to administer Justice to every one before them complaining) are oftentimes hindered, so that they cannot in due manner execute their Office; by this that Sheriffs do not return their Original and judicial Writs, and likewise return false Answers. The Lord the King provideth, False Return. that those which fear the malice of the Sheriff, should deliver their Writs in the full County Court, or in the other County Court, where there is a gathering of the King's Money, and let there be a Billet taken of the Sheriff present, or of the under-Sheriff, in which Billet there shall be contained the names of the Plaintiff and Defendant, and adjoined to the Billet sealed by the Sheriff, or under-Sheriff, in witness thereof, and let there be mention of the Delivery of this Writ. And it gives remedy, Tarde. if the Sheriff will not seal the Billet: by this Statute remedy is given if the Sheriff return Tarde, Mandavi Balivo. where he hath sufficient time to serve the Writ, and where he returns (I have commanded the Bailiff of the Liberty) where it is no Liberty; and this Statute gives (you shall not omit for any Liberty) and gives Averment against the Return of the Sheriff, Averment, if he return to little Issues, and gives (that he should deliver Corn in the Grange, and all Movables (besides, Equituram, Indumenta & utensilia domus) contained under the name of Issues; and the Statute gives (Posse Comitatus) See the Statute of 1 Ed. 3. chap. 6. The Sheriff by the common Law is the Preserver of the Peace, Authority of the Sheriff. and hath the Custody of the County for the time that he is Sheriff, and may cause the party to find Surety, if any require that, and every Obligation which he takes to keep the Peace, shall be taken a Recognizance in Law, and specially when this is certified by Certio●are in the Chancery. But Pleas before him in the County or Hundred are not of Record, for these are by reason of course, and this taking for Peace, is by reason of his Office; Fitzh. 81. D. If the Sheriff return upon a Distringas Juratores, Appearance. no manner of Issues, and a full Jury appears and pleads, this is no Error, for the King hath no loss, and the Issues are for the King, which he shall not have if the full Jury appear, 5 H. 7. f. 8. Also if the Sheriff return Scire feci, upon Fine, or Judgement, and no mention is made of the Summoners and Viewers, and the party appear and pleads, it is no Error, and if upon the Grand Cape there be not returned the Summoners and Viewers, yet if the party appear, and pleads, it is no Error, 3 H. 7. f. 14. this Return was amended, and the Plaintiff recovers. See 8 H. 5. f. 2. B. Scire facias is returned Scire feci, by J.S. and J.D. and though the Return be not (by good and lawful men) as it ought, if the party appear it is a good Return, and may be amended, 33 H. 6. f. 35. 44 Ed. 3. f. 16. & 8 H. 6. f. 27. If the Sheriff attach a Cow, Attachment. the property is not out of the party till the Day of Return, that he make Default, and if at the Day of the Return he make Default, the Sheriff may take that as forfeited to the King, though he have left that before with the party, 9 H. 7. B. Table Dormant, and such things which are fixed to the cannot be attached, 21 H. 7. f. 26. Annuity, the Sheriff returns (I have nothing in my Bailiwick by which he can be attached) where it should be (by which he can be summoned) and though it were in the time of another Sheriff, Amendment. it was amended, for the Cout may amend a mistake of the Clerks, and also of the Return of the Sheriff, 33 H. 6. f. 47. Upon a Distringas Juratores, the Sheriff in his Return leaves out four Names which were in the Venire facias, and the Sheriff was examined, and saith, that they were distrained, and for that the Return was amended, 37 H. 6. f. 12. 22 H. 6. f. 45. Appeal upon Distringas Juratores, where there were Knights and Esquires which were in the Writ, there was returned but eight pence upon every Juror, and the Sheriff had been amerced, unless he be there present, and amend that, and sets upon every Juror two shillings, 2 R. 3. fol. 13. Attaint at the Distringas Juratores, the Sheriff returns Issues upon J. Burton, where there is no such of the Jury, but J. Bormstone, and it was amended, 2 H. 5. f. 8. The Sheriff upon a Capias returns Non inveni, where he ought to return Non est inventus, and the party was outlawed, and this was assigned for Error, and awarded Error, and shall not be amended, 9 H. 5. f. 10. One was outlawed, and Proclamari feci of that was returned, that I made be proclaimed, that he should deliver himself to the Sheriffs of London, where the Writ was the Sheriff of Kent, and this Outlary was reversed by Error, and shall not be amended, 27 H. 8. f. 34. One was outlawed, and the Exigent was returned, at my County Court, held at the Castle of Oxford, he was first called, and because it was not in what County, it was Error, and shall not be amended, 21 H. 7. f. 34. One was returned outlawed, and for that, that it did not appear that it was by the Judgement of the Coroners, it was reversed without Writ of Error, and shall not be amended, 21 H. 7. f. 33. The Sheriff returns Scire feci J. A. Clio, where it should be Clico, and was amended, 7 H. 6. f. 1. Where the Sheriff upon a Distringas returns to small Issues, he shall amend the Return, 27 H. 8. f. 3. Process against a Voucher, Averment. the Sheriff returns the Vouchees dead, the Demandant may aver, that he is alive by the Statute of 14 Ed. 3. chap. 10. Vouch. 8. And there held, that a man shall not have a direct Averment against the Return of the Sheriff, unless that his person is to be charged, or his Inheritance for ever to be lost, and that by the same Law he cannot have remedy to save the same Inheritance, 40 Ed. 3. f. 6. Debt against two, the Sheriff returns upon the Capias, I have taken their Bodies, and have them before you; and now one comes and saith, that his Companion is dead and had it, for that the other cannot gainsay it, 50 Ed. 3. f. 7. By the statute of Westm. 2. before said upon a Distringas, one may aver that the Sheriff hath returned to small Issues; and by this Book the Sheriff ought to return in Issues so much of Rent as the Defendant receives the Day of the Writ purchased, until the Day of the Return of it, 27 H. 8. f. 3. Where the Sheriff returns to small Issues upon a Distringas, one may aver that they are to small, but some seem, that if he return to small upon a distringas Juratores, it is on't of the Statute, 10 H. 7. f. 11. Debt, the Sheriff returns upon the Distringas twenty pence upon the Defendant, and averment was, that the Shetiff might have returned, mean, between the writ delivered, and the return of that 100 s. and the writ was awarded to the Justices of Assize to inquire of that, 20 H. 6. fol. 26. Where the Sheriff returns one outlawed, he cannot aver that he was called but three or four times. But in appeal he may have the averment, 10 H. 7. f. 22. In Re-disseifin, he cannot aver that the Sheriff did not go to the place, for he is Judge, and also one outlawed cannot aver that he was not the fifth time called, 10 H. 7.28. Trespass upon (Pone) goods were returned attached, and when the Defendant appeared, he had a Writ to the Sheriff to deliver to him again the Goods: And the Sheriff returns that he hath redelivered, the Defendant cannot aver the contrary, the same Law of a return of a seisin in Dower, one cannot have an averment to the contrary, for the Sheriff is Officer, to whom credit shall be given, which cannot have averment to the contrary. But where one is without remedy, and to be disinherited, it is otherwise, as if the Sheriff in a Praecipe against one, return that he is dead, the Demandant may aver that he is alive, and may say not attached, by fifteen days, which is no direct averment: But upon an Habere facias sesinam. Where the Sheriff returns, I have delivered seisin, he cannot aver the contrary, 3 Ed. 4. fol. 20. One cannot have direct averrment against return of the Sheriff in the same action, but in another he may. As in Debt against a Bailif of a Franchise, for an escape of one, return by the Sheriff that he hath taken him by a Warrant to him directed, upon a Capias ad satisfaciendum, he may now in this action of Debt aver, that no such Warrant was to him directed. And in Assize not attached by fifteen days he may aver. And in a Praecipe that he was not summoned according to the Law, is a good averment in the same Action, but not, not attached, or not summoned, 5 Ed. 4. f. 1. A Writ of Deceit is returned by the Sheriff, and the Defendant averrs that the summoners now returned were not the summoners in Praecipe, and he cannot aver that Averment against the Return of the sheriff, 5 Ed. 4. f 7. & 33 H. 6. f. 11. Markham, accordingly. The sheriff returns, I have commanded the Bailif of the Liberty of N. which so answers, that at another time the Defendant was committed to the next Gaol by Auditors upon an Account for Arrearages, and that he being Bailif of that Goal, carried him to Prison, and he came in upon a Cepi Corpus, and saith, that no such Account, and shall have that Averment, notwithstanding the Return of the sheriff, 18 Ed. 4. f. 5. One sues a Libertate probanda, to recover Nativo habendo, and the sheriff returns, that no Nativo habendo was delivered unto him, and the other averrs contrary, and may, 18 Ed. 4. f. 7. Upon a Venire facias, the sheriff returned four and twenty Jurors, and upon the Habeas Corpora, he returned that 12. of them were dead, the Plaintif shall have Averment, that they are alive against the Return, 20 Ed. 4. f. 11. The plaintiff praies, that the Defendant in Replegiare, wage Deliverance, the Defendant saith, that they died in an open Pound, in default of the plaintiff, and prayed a writ to the sheriff, Si constare poterit, and if the Sheriff return upon that writ, that they are dead, yet he may aver the contrary, and have a sicut alias, 30 H. 6.2. Where the Sheriff returns (I have commanded the Bailif of the Liberty of the Archbishop of York) which returns summons, the Defendant cannot aver, that the Land is within the Franchise of Richmond, 34 H. 6. f. 3. The sheriff returns upon an Exigent, that four times called, and not withstanding Averment was taken, that he was outlawed, and this was certified by the Coroners, and for that the sheriff was amerced to fifty Marks, 36 H. 6. f. 24. Where the sheriff upon a Capias returns (He is not found) one cannot have an Averment against this Return, 2 H. 4 f. 15. One may have an Averment in another Action, against the Return of the Sheriff, as in Covenant, the Sheriff returns him warned, yet in Detinue he may aver the contrary, 11 H. 4. f. 47. Where upon a Corpus cum causa, out of the common Bench, it is returned, that he is bound to the Peace, which is for the King, and notwithstanding that it be false, he cannot have an Averment in this Writ to the contrary, 9 H. 6. f. 44. One outlawed reverses it by Error, and he hath a Writ to restore his Goods, which he took, time of the Outlary, directed to John Bailif of Westminster, and could not return that he is not Bailiff, but he ought to answer to the Goods, whether he had them or not, and how they are wasted in his Possession, 6 H. 7. f. 9 The Sheriff or Bailif errand, sworn and known, may arrest one without showing to him a Warrant, contrary, of a Servant of the Sheriff, or other Bailif which is not sworn and known, 8 Ed. 4. f. 14. Where the Sheriff returns upon a Fieri facias, Clerk. that he is a Clerk beneficed, not having any Lay Fee, there shall go a Writ to the Bishop to sequester his Benefice, 13 H. 4. f. the last. See 32 H. 6. f. 13.2 Ed. 4. f. 1. & 21 H. 6. f. 20. The Ordinary sues a Writ of Annuity against one, and the Ordinary himself returns, that he is a Clerk beneficed, having no Lay Fee; and held that a Venire facies Clericum shall go to the Metropolitan, for that the Plaintif is Ordinary, 34 H. 6. f. 32. Return, Duchy. that I commanded the Bailif of the Liberty of the Duchy of Lancaster, though that the Duchy hath no capacity, it is good, for that, that there were ancient Precedents of it. 33 H. 6. f. 22. Upon a Capias, Church. the Sheriff returns, that the party is a Verger in the Church at Salisbury, and dwells within the precinct of the Church, and being a Sanctuary, he returns for that, Non est inventus, and for that the Return is not good, for he may serve that Process in the Church, 6 H. 4. f. 3. 2 R. 3. C. the last. Prohibited upon pain of Imprisonment and Fine, that none arrest any person of holy Church, when he is d●ing Divine Service. Dower, the Demandant recovers by default, after default, Inquest. and the Demandant saith, that her Husband died seized, and prays her Damages, and a Writ went out to the Sheriff to inquire of Damages, and the Sheriff returns that the Jury found no Damages, and by Thorp, the Sheriff shall not be amerced; but where he returns a writ ill of himself, in this case he hath returned by the Oath of Twelve, by which he was not amerced, 44 E. 3. f. 8. Debt against Executors, which plead fully administered, and found that they have Assets, and the Sheriff returns the Fieri facias, I have commanded the Bailiff of the Liberty of Kingston, which gave me answer, that the Executors aforesaid have not any Goods, the which is contrary to the Verdict, and adjudged that the return was not good, for he cannot return a thing which is contrary to that which is found, 3 H. 7. f. 11. & 5 H. 7. f. 27. accordingly. Where the parties admit one such a Visne, though there be no such the Sheriff cannot return that there is no such but shall make the Pannell of the Body of the County, 37 H. 6. f. 12. Appeal, the Sheriff returns the Jury of the Visne of D. and yet the new Sheriff returns the Distress, that there is no such Visne, and may, 3 H. 6. f. 58. Where the Father is condemned, False Returns. and upon the Exigent upon a Capias to satisfy, the Sheriff returns, that he delivered up himself, and it is his Son that came, and this was so averred, and found the Son, and the Sheriff was amerced, 7 H. 4. f. 13. Where the Sheriff makes false Return, as if he return, I have taken the Body, upon a Capias to satisfy, and hath him not, he shall have his remedy by a Writ out of the Chancery, or upon his Account in the Exchequer, and not here, 7 H. 4. f 32. If a Felon (●n going to Execution) be rescued from the Sheriff, if that be presented before Justices of Peace, Felony. it is Felony; otherwise it is, if that come in by return of the Sheriff, 6 H. 7. f. 12. & 1 H. 7. f. 6. the same. Upon a Fieri facias, the Sheriff returns, Fieri facias. I have done Execution at the Day within contained, and at the Day hath not the Money, and for that goes a Scire facias to the new Sheriff against him, to know why he shall not have Execution, 9 Ed. 4. f. 3. The sheriff which broke the Door of the House to make Execution upon Fieri fac. shall be punished, as Trespass lies against him, but not for taking the Goods, 18 Ed. 4. f. 4. The sheriff returns upon a Fieri facias, against Executors, that the Executors have sold all the Goods of the Dead, before the Writ purchased, and have taken Money, and other Goods for the same Goods; and for that he was amerced, for he ought to have made Execution of Goods amounting to the value, notwithstanding the Sale, 14 H. 4. f. 13. The sheriff returns upon a Fieri facias against Executors, that they have nothing after the coming of the Writ, as to him any way doth appear, and was amerced, for he ought to return directly, that he hath nothing; but he may return, that they are conveyed away, and upon that Execution shall be of their proper Goods, and he cannot return, He is not to be found, as he can understand, 9 H. 6. f. 57 By Hank, if a Fieri facias go out, and the sheriff levy the Money, & return no Writ, the party may sue Sicut alias, if he will, or he may have a writ against the the sheriff, to have the Money here; inquire what Writ that is, but by Thirn, it is duty to receive by party, and the Fieri facias is, that those Moneys you shall have here, and they shall be brought into the Court in discharge of the Defendant, and the sheriff is not Debtor by simply saying, for that is not upon Record that he hath levied them, and so the Defendant is Debtor, and not the sheriff, yet some say, if the sheriff levy the Money by Fieri fac. & pays them not to the party plaintiff, he shall have an Account against the sheriff, 11 H. 4. f. 57 See 2 H. 7. f. 22. by King. Trespass lies against the sheriff for levying the sum, and not returning the writ. Till the Fieri facias be executed, the Money shall not be intended paid, and this is not executed, till it be returned by the sheriff, 20 H. 6. f. 25. Scire fac. to have Execution of a Judgement, the Def. saith, that before this time the sheriff by Fieri facias did levy the sum, and though the Def. did not say, that the sheriff delivered the money to the plaintiff, nor that the Writ was returned, this is adjudged a good Bar, & for that the Plaintif saith, that the sheriff hath not levied it ready, etc. 21 H. 6.5. Upon a Fieri facias, the sheriff returns, that he took Goods to the value of ten pounds, for which he found no Buyer, by which issued to the new Sheriff, a Venditione exponend. which returned, that his Predecessor took no Goods, therefore, etc. By which issued a Distress to the late Sheriff, that the Goods that were set to sale he should bring in, 34 H. 6. f. 39 It is Error where he is outlawed, and the Exigent returned, at my County held at Ilchester, Incertain, & where not. in the County of Som. for it ought to be at my County Court of Somerset, held at Ilchester, and to recover at the Hustings, London, where there are two, and is not at which Hustings, it is not good, 6 H. 7. f. 15. See 11 H. 7. f. 10. Where an Outlary was returned, it shall not be amended, where it was returned at my County Court held at the Castle of Oxford, and saith not in what County, it is not good, 21 H. 7. f. 37. Upon a Capias, the Sheriff returns, I have taken J.S. and J.D. and doth not say, (within named) and it seems good, and shall be intended, 12 H. 7. f. 18. A Writ upon a statute staple issued, to take the Body, and to extend the Lands and Goods of him that was bound, and the Sheriff returned that, that he had extended the Land, and returned nothing of the Goods, and yet it is good for the Land, which is part of the thing which he ought to do, and not all, 16 H. 7. f. 6. The Sheriff returns, that by virtue of a Command, I have taken the Body, and that is good, without saying, by virtue of a Writ, for the Sheriff may take one in the Hall at Westminster, by commandment of the Justices without a Writ, 16 H. 7. f. 16. Scire facias, the Sheriff returns, I W.S. do certify you, and it is not good, but it ought to be, I certify you Justices: but where the Return is Scire feci, J. S. and doth not say, the within named, yet for that that, it is further, (as this Writ in it commands and requires, according to the form of the Writ) that is a good Return, 1 H. 6. f. 7. Praemunire, Sheriff returns, that the Defendant was warned, and for that, that it is not what day, it is not good, for he ought to be warned by two Months before the day of the return by the Statute, and that doth not appear, and for that it is not good, 42 Ed. 3.7. and 39 Edw. 3.7. Assize where the writ was ill returned, and that uncertain, there shall Issue a Sicut alias, 46 Ed. 3. f. 18. One outlawed, and Proclami feci was returned, that he had rendered himself Prisoner to the Sheriff of London, where it should have been Rend. And the Out-lawry was for that reversed by Error, 27 H. 8.34. Where the Sheriff returns Nihil, or is not to be found, as it can appear to him, he shall be amerced, for he ought to take notice, 9 H. 6.57. Where the Sheriff returns (I have commanded the Bailif of the Liberty) of D. and for that, that he hath not returned to what Person it is not good, 9 Ed. 4.20. & 1 H. 6.7, the same. Upon a Capias, the Sheriff returns (I have taken the body) and that A. and B. rescued him, and for that, that it is not where, it is not good, 10 Ed. 4.17 Scire facias to have Execution of an annuity against a Parson, the Sheriff returns (that he hath no Goods) notwithstanding that it was not (nor had at the time of the receipt of this writ) yet it seems it shall be intended, and for that it is good, 2 Ed. 4.1. Scire facias against two several Tenants, the Sheriff returns (Scire feci in manner and form, as this Writ in it commands and requires) and it is good, though it be not returned severally, Scire feci, 2 H. 4.14. See, 37 H. 6.31. In a Writ to inquire of Waste, the Sherifreturns that I, took the Inquisition, Die Sabbati proximo, and for that it is not what Sabbati, it is no good return, 40 Ed. 3.20 Scire facias, to have execution of arrearages of an annuity against Laurence Booth, keeper of our blessed Mary Hallers in the University of Cambridge and Scholars, and the Sheriff returns that Scire feci Lawrance Booth, and nothing of the Scholars, and for that the return was not good, and so Sicut alias, 34 H. 6 54. Where a Writ goes to the Coroners, and one returns that he made a Precept to his Servant to arrest the Defendant, and that he at D. such a day made a Rescue, this return is not good, for it shall be made by both the Coroners, 39 H. 6.42. Upon Exigent, the Sheriff returns, I have caused to be proclaimed at such a County Court held such a day, and for that, that it is not what year, it is not good, 27 H. 8.34. The Sheriff returns, he hath nothing, and it is not good, but he ought to return also, that he hath not Bailiffs, nor a Bailiwick, nor he is not to be found, 26 Book of Assizes 33. Attaint, The writ you shall diligently inquire, who were the Jurors of the first inquisition, and whether M.B. Knight was one of the petty Jury, and he returned their names, and M.B. was dead, and though he do not return M.B. Knight. It shall be extended the same, and a good return, 24 book of Assizes 6. The Sheriff upon a Venire facias, returns twelve names only upon the back of the Writ, and not in the Schedule, and it is not good, but shall return twenty four according to the usage, 2 H. 7. f. 8. The Sheriff returns upon a Cap●as, that a Rescue was made at D. by the command of J.S. and for that, that he doth not return where the command was, it was not good, for the return shall be as certain as known, 3 H. 7.11. Upon Pluries, to have a Corody, the Sheriff returns that the Bishop of K. is founder and doth not return the name of that Bishop that founded it, and for that it is uncertain, 3 H. 7.6. Admeasurement of Dower, the Sheriff returns that the woman hath more by forty shillings per annum, this is no good return, for he ought to return two parts by itself and their values, and the third part by itself and the value thereof, 44 Ed. 3.11. The Sheriff of London upon a Nativo habendo, returns, London. that if a Villain remain in London by a year and a day, that he shall not be drawn out, and that is a good return, and it is said, that return, that Attaint doth not lie in London, is a good return. Inquire, 7 H. 6.34. In London every of the Sheriffs may arrest a man, and yet the Return shall be made in the name of both the Sheriffs, 39 H. 6. f. 43. Where the Sheriff returns (I have commanded the Bailif of the liberty) and doth not return, for that, that he hath nothing, within my bailiwick and was amerced, 47 Ed. 3.2. Where the Sheriff returns (I have commanded the bailif of the liberty) where that liberty is not enrolled in the Exchequer, it is taken as a disinheriting of the King, 2 H. Mandav. Balivo. 4.5. and 11 Ed. 4.6. the same. The Sheriff returns, I have commanded the Bailif of the liberty, which answers me that he hath taken the body, and hath not the body there, it is doubted whether the Bailiff shall be amerced or the Sheriff, 2 H. 4.16 Inquire, see, 11 H. 4. fol. 41. that the Bailiff shall be amerced and not the Sheriff, 5 Ed. 4.6. The same. Where the Sheriff returns, I have commanded the Bailiff of the Liberty, which answers me, that he hath taken the body and notwithstanding hath not the Body, the Sheriff was amerced, and a Distringas awarded, to distrain the Bailiff to bring in the body, etc. 47 Ed. 3.25. But, 14 Ed. 4.1. There shall go out a Distringas Ballivum to bring in the Body, and, 36 H. 6.1. the same The sheriff returns I have commanded the Bailif of the Liberty, which answers me, and returns but nine of the Pannell, the sheriff shall be amerced, and not the Bailif, for the return in Law is not good, 8 H. 6.56. The sheriff upon a Grand Cape returns (I have commanded the Bailif of the Liberty,) which answers me, that he hath taken the Land into the King's hands, and doth not return that he hath summoned the Tenant, and held that the return in Law is not good, and for that the Sherift shall be amerced, 4. H. 6.25. If the Sheriff upon a Capias makes a command to the Bailif to arrest one, and he takes him, and the sheriff doth not return the Writ, by Frowick and Brian, the Bailif shall not be punished but the sheriff, 10 H. 7.17. False Imprisonment against a Bailif, which saith that a Capias came to the sheriff and the sheriff commanded him being a travailing Bailif, that he should take the body of the plaintiff, which he did so, the Plaintif saith that the Writ was not returned. And by Kingsmill, though the Bailif were Fined, it shall be accounted all wrong in him, for that, that the Writ is not returned, 20 H. 7.13. Contrary by Reed, and Littleton, saith, that Trespass doth not lie against a servant in this case, 18 Ed. 4.10. If the sheriff himself justify in Trespass the arrest of one by Capias to him directed, he ought to show that he hath returned the writ, for it is conditional (so that you have his body here, etc. 3 H. 7.3. Where the Sheriff serves a Fieri facias, and levies the sum, and doth not return the Writ, the party may have an action of trespass against him for that levy, 21 H. 7.22. by Kingsmill. The same Law is, if a Bailiff by the command of the Sheriff arrest a man, and do not bring him to the Sheriff, false imprisonment lies against him. Capias issued to the Sheriff where there is no Original, and he arrests the party and returns the Writ, trespass doth not lie against him. If the Servant of the Sheriff arrest one by a Precept made out of a Capias, and return his Precept to the Sheriff, and the Sheriff do not return his Capias, it seems, that false imprisonment lies against the Servant. But where the Bailiff of a Liberty arrests one by a Precept out of a Capias, made to him by the Sheriff, and the Sheriff do not not return the Capias, it seems that fall imprisonment lies against the Sheriff, and not against the Bailiff. If the Sheriff make a Precept to his Servant, or to another to be a Bailiff (if he be not a Bailiff of the Franchise, which is not his Servant) and they take party, and the Sheriff doth not return the Writ, the Bailiff is a Trespasser, unless he be Bailiff of the Franchise, though the Bailiff return his Precept to the Sheriff served, 8 Ed. 4.18. and 13 H. 7.2. the same, See 18 Ed. 4.9. and 28 Book of Assize 47. Debt against an Executor, which pleads nothing in his hands, and found Assets, and the sheriff returns upon a Fieri facias, I have commanded the Bailiff of the Liberty, etc. which answereth me that he hath no goods of the Testators, and this Return is not good, for it is contrary to the Verdict and trial, and yet the Sheriff shall be amerced, and not the Bailiff, for that, that the Return in Law is not good, and the Sheriff ought to have knowledge of the Law, 5 H. 7.27. But for false Return, the Bailiff shall be amerced. 3 H. 7 11. the same. Where the sheriff returns I have commanded the Bailiff of the Liberty, which hath given me no answer, there shall go out a Non omittas. The sheriff Returns, I have commanded the Bailiff of the Liberty, and for that, he doth not return (for that) be hath nothing within the Liberty, he was amerced, 47 Ed. 3.2. The sheriff returns, I have commanded the Bailiff of the Liberty, and it is not to what person the Liberty is, and for that by Pigot it is not good, 9 Ed 4.20. contrary by Dauby, see 1 H. 6.7. The Sheriff returns, I have commanded the Bailiff of the Liberty of the Franchise of the Earl of Shrewsbury, and for that, that it is not, (for that) the Lands were within the Liberty, it was challenged, and the return is not good, for that, that it is not of what Liberty, if he have more, and for that he ought to return, I have commanded the Bailiff of the Liberty, of the Franchise, of the Earl of Shrewsbury of Scarsdale, or his Liberty of high Peak, etc. which hath full return, and execution of all the Writs in the said Liberty, to whom it belongeth totally to make execution of this writ, which truly Bailiff so answereth me, etc. 1 H. 6.7. 9 H. 6.33. Upon a Writ to inquire of Waste, the Sheriff returns, I have commanded the Bailiff of the Liberty, which hath given me no answer, and the sheriff was amerced, for he ought to enter, and go to the place wasted, for that is the statute, and for that the Franchise shall not hold place, 11 H. 4.80. If the sheriff enter into any Liberty, and execute Process there, without a (non omittas) the Lord of the Liberty shall have a Writ of Trespass upon the Case against him, Fitzh. 95 B. The sheriff returns upon the Exigent, that the Defendant is dead, and cannot, by Prisot, and also upon a Capias he cannot return that, 32 H. 6.33. The sheriff returns upon a Scire facias against an Abbot, that he is deposed, by which he cannot warn him, and it is good, for that is a death, 1 H. 6.2. and 2 H. 6.5. the same. The sheriff returns upon an Exigent that the defendant is dead, and it is no good Return, for he ought but to demand him, and if he appear to take him, 10 H 4.5. Upon Pluries' Repleg. The sheriff returns that the beasts are dead, and this is a good Return, and he need not return that the beasts are driven away, 32 H. 6.32. In Attaint, the sheriff cannot return that the Defendant is dead, for there are not any words in the Writ to warn the Defendant, 18 H. 8.5. Upon a Habeas corpus Jurat. the sheriff returns that four are dead, and may, and upon a Distringas thereof, he returns that other two are dead, and may, 10 Ed. 4.11. Upon an Habere facias Seisinam, and upon the Grand Cape, and upon Habere facias visum, a return that none, came of the part of the complainant, etc. is a good return, 13 H. 4.9. None comes for the Plaintiff. Upon a Writ of View, it is a good return, that none came of the part of the complainant, to show him the Land, for the sheriff is not bound to know the Land, 14 H. 6.20. The statute of York, chap. 5. saith, Names of the Sheriff that the sheriff ought to put his proper name to every Return, 8 H. 6. fol. 76.36 H. 6 f. 1. and 9 Ed. 4. f. 19 Where one is outlawed, he may reverse that by Error, for that in Return of the Alias Capias, the name of the sheriff was omitted, 26 H. 8.4. Trespass against an Abbot and his Monks, Pledges. the sheriff returns Pledges for the Abbot, and that his Monks have nothing, and that is a good Return, and yet of a Husband and a Wife, Pledges shall serve both, and he need not return the Wife, Nihil, 48 Ed 3. fol. 26. Assize, the sheriff returns he hath found me no Pledges, and the writ was delivered to the sheriff again, and the plaintiff forthwith found Pledges, 2 H. 4.22. Assize against a Husband and his wife, the wife shall be attached by goods of the Husband, for that she is to be brought in by her Husband, 7 H. 6.10. Upon a Habeas corpora, against a Juror, the sheriff cannot return that he hath served part, and the Bailif of the Liberty the other part, but upon a Capias against divers, the sheriff may return Cepi corpus of one, and I have commanded the Bailif of the Liberty of another, Part served by the Sheriff. and it is a good Return, 31. H. 6.13. The sheriff upon a Habeas corpus with Decem tales, returns that he hath served the Habeas corpus, and to the Decem tales, I have commanded the Bailif of the Liberty, which hath served the residue, it is not good Return, 8 H. 4.16. Distringas Juratores, the Sheriff cannot return that he hath distrained some, and the Bailiff of the Liberty hath served the rest, 19 H. 6. f. 48. Upon a Distringas with Proclamation upon an Ejectment of Ward, the Sheriff returns, I have commanded the Bailiff of the Liberty, which answers, etc. Issues forty pence, and that he himself hath made Proclamation, and for that it seems that the Sheriff ought to make the Proclamation in the County, and aught to serve the residue, 2 H. 4. f. 1. In a Praecipe, the Sheriff returns, I have commanded the Bailif of the Liberty, who answereth me so, etc. a good Return; and also that the Bailif takes the Pledges, and for that that he took the Pledges, where the Sheriff ought, the Sheriff was amerced, and Sicat alias was awarded, 14 H. 6. f. 3. Assize, the Sheriff returns, that he hath taken Pledges, and that the Bailif of the Liberty hath served the residue, and though part be served by the Sheriff, and part by the Bailif, it is good; for if the Plaintif do not find to the Sheriff Pledges, he shall make no Precept to the Bailif, 21 H. 7. f. 14. The Sheriff by the statute of Westminster, Posse Comitatus. the 2. chap. 39 may take, Posse Comitatus, to execute Process, and also agreed by this Book, that the Bailif may so do, for he is in the place of the Sheriff, 3 H. 7. f. 1. Upon a Scire facias against a Chaplain upon a Recovery in a Quare impedit, Quare impedit. the Sheriff ought not to return, That he is a beneficed Clerk, having no Lay Fee, for that shall not be returned, but upon a Distringas or Capias in Debt or Trespass, that is a good Return, and there shall go Venire facias Clericum, but here he may be warned by his person, 32 H. 6. f. 13. If the Sheriff return that one at D. Rescous. made a Rescue, it is good without addition of the party in the Return, and yet Process of Outlary lieth upon that; and where the Sheriff returns the Rescue to be made at D. he is estopt to plead to that Return, over D. and neither D. and none without addition, for he is estopt by the Return. Where the Sheriff upon a Capias returns, I have taken the Body, and that J. S. and J. D. made a Rescue, and for that, that in the Return there is not of what place, it is not good, 10 Edw. 4. fol. 17. and 3 H. 7. f. 11. the same. Where Tenant for Life, Scire fac. prays in aid of him in Reversion, and in Scire facias against him, the Sheriff may return, that he is warned in the Land in Reversion, which is in the Land demanded, 45 Ed. 3. f. 26. One may be warned in Scire facias by his person, his Land, or Goods, as it seems by 32 H. 6. f. 13. Scire facias to warn two upon a Writ of Detinue, the Sheriff returns one warned, and that the other (hath nothing) and held that the Sheriff shall be amerced, for though that he hath nothing, he ought to have warned him by words, that is his Person; but for that that the Return was read, and was (He hath nothing in my County) nor is found in the same, it was good, for he cannot warn his Person, 1 H. 5. f. 13. The Sheriff returns upon a Scire facias, against a Parson to have Execution of Arrearages of Annuity, that the Parson hath resigned, and that he hath no Goods, and it is good, and may take notice of the Resignation, 2 Ed. 4. f. 1. Upon a Writ of Error issued Scire facias, to the Heir and Tertenant severally, to come together if they thought fitting, and it was against Husband and his Wife, and another person, and the Sheriff returned, that Scire feci L. de B. & Alice his wife Tenants of so much, and R. de H. tenant of so much severally, and the Return good, though the Husband and the wife cannot be severed, 3 H. 7. f. the last. The Sheriff returns upon a Scire facias, against an Abbot that he is deposed, that he cannot warn him, and this is good, for he is dead, 1 H. 6 f. 2. The Sheriff returns Scire feci, by A. and B. without saying, Good and lawful men, and the party appears, and good, 8 H. 6. f. 76. Attaint was returned by the Sheriff Nihil, Summons in the Land demanded. and the Return is not good, and so Sicut alias, and shall be summoned in the Land demanded, 42 Ed. 3. f. 19 Mortdancester by two, and one makes default, by which issueth a Summons to prosecute together, the Sheriff upon this returns Nihil, and award, that they shall be summoned in the Land demanded, 44 Ed. 3. f. 27. Scire facias out of a Fine to execute that, and two make default, and in a Summons to prosecute together, the sheriff upon that returns Nihil, and shall be amerced, for they shall be summoned in the Land in Demand, 10 H. 6. f. 12. The same Law is, where one hath aid of him in Reversion and in a summons to aid, he shall be summoned in the Land demanded. A Writ of Covenant to levy a Fine, the Sheriff returns Nihil, and for that shall be amerced, for he ought to have Summoned him in the Lands Demanded, 10 H. 6.13 Where aid was granted, and the Sheriff returns that the Prayee hath nothing whereby he may be summoned, by which Sicut alias, was awarded in the Land in demand, 23 Ed. 3.37. Debt against John Burton Parson of D. The Sheriff returns at the Pluries distringas, that he hath resigned, and it is a good return, 2 H. 7.10. Scire facias, against an Abbot, and the Sheriff returns he is deposed, and good return: But in Scire facias, against a Husband and his Wife, Spiritual the Sheriff cannot return that they are divorced, for that is spiritual, whereof he hath no notice, 1 H. 6.2. & 2 H. 6.5. the same Scire facias, against the Parson of D. to have Execution of arrearages of annuity, though the Sheriff return that he hath resigned, and take notice of that, it is a good return, 2 Ed. 4.1. The Sheriff returns upon a Capias, Tarde, and was amerced, 2 H. 4.8. Right of ward at the Distringas with proclamation, the Sheriff returns Exitus, and that he cannot proclaim that, for that it came too late, and there shall go an Alias, to proclaim that only, and shall not return Issues, 3 H. 4.6. In Capias of appeal of Death, Tarde. the Sheriff returns, that, that writ came so late that, etc. and the return awarded good, 8 H. 4.22. In Assize, when the Writ is returned, Tarde, the Clarks do not make Sicut alias, but enter the Writ, and send that again to the Sheriff to be served, 9 Ed. 4.20. Forging of Deeds, Distringas, with Decem tales, of that was awarded against the Jury, and the principle Jury was returned Tarde upon the distringas, and the Tales served, and the return was awarded good, for where the Issues are to be returned, the Sheriff ought to have time to know their Land, but upon a Capias returned Tarde, it is said to be ill, But inquire, because it is used, 21 H. 6.51. The Sheriff returns Writ delivered by Bill according to the Statute of Westm. 2. chap. 39 Tarde, and for that, that the Sheriff refuseth to put his seal, others put their seals according to the statute, and the Plaintif hath a writ to the Justices of assize to inquire of Damages, 29 Ass. 58. Capias, to have Execution against an Abbot, or against a Bishop if it be returned, that they have nothing in that County, there shall go out Elegit upon the Testatum in another County, 26 H. 8 8. and 26 H. 8.17. Where one hath recovered in a Quare impedit, and hath a Writ to the Bishop, which refuseth his Clark. So that he hath a Quare non admisit, Testatum, and process continue to the distress against the Bishop, and the sheriff returns that he hath nothing, there goes Distringas to the sheriff of London upon the Testatum, that he hath no Land there, 3 H. 4.6. Trespass against a Prior, the sheriff returns that he hath nothing, and how he hath no Land there, he shall have process into another County upon a Testatum, for a Prior was a name of Dignity, and for that shall have process in another County upon Testatum, 7. H. 4.1. Where the sheriff returns Nihil, Capias doth not lie against a Lady, Peer of the Realm, Earl or Baron. But there shall go a Testatum in another County, but where they do wrong, as if they essoigne, Distress, and returns that by the Sheriff, the Capias lies for the wrong, 11 H. 415. If the Sheriff arrest any, and Rescue is made, by Baron, Earl, or Duke, if the Sheriff return the Rescue, Capias lies, 1 H. 5 fol. the last. Wast was made in Reddale, and upon a Writ to inquire of Waste, the Sheriff returns, that I have taken an Inqusition at Reddale, and for that it is not at the place wasted, it is no good return, 40 Ed. 3.20. and 27 H. 8.16 the same. Waste in A.B.C. and D. it is said that a Writ to inquire of Waste shall be returned (that I have come to the Tenements aforesaid, and the Inquisition taken at one Town shall serve for all, 34 H. 6.49. A. returns upon a Redisseisin or upon a Writ to inquire of Waste, (that I came to the Town) is not good, but to the place, 11 H. 4.6. Upon a Writ to inquire of waste, for that that the Sheriff returns, (I have commanded the Bailiff of the Liberty, which hath given me no answer) he was amerced, for he ought to go to the place wasted, 11 H. 4.80. Appeal, Visne. the Sheriff returns a Jury of the Visne of D● and the new Sheriff returns no such Visne, and may, 3 H. 6. fol. last. Venire facias, Venire facias. was returned by the Sheriff, and afterwards the Sheriff was discharged, and a new Sheriff made and at the Distringas he returned (Nihil) upon a Juror, and adjudged that he shall be amerced, but he may return that the Lands are recovered against the Juror, or that the Juror was Tenant for life of J. S. which is dead, or other special matter, and so (Nihil) 19 H. 6.38. Where the Parties admit one such (Visne) where there is no such, the Sheriff cannot return, that there is no such (Visne) but shall make the Pannell of the body of the County, 37 H. 6.12. A (Venire facias) with the Pannell was returned, and none found upon the Roll, but (sicut alias) awarded and returned, and upon that (Habeas corpora) and Distringas, and the jury found for the Plaintiff, and it is showed in arrest of judgement, that there was another (Venire facias) with a Pannell, and adjudged that it shall not be intended to be there lawfully, but shall be taken off the File, for that, that in the Roll the Entry was, ad quem diem Vicecomes non misit breve, and upon that it was awarded the sicut alias, 20 H. 6.17. Though the Venire facias, is Venire facias, twelve free and lawful men, yet if the Sheriff return twelve only, if he do not amend that, he shall be amerced, for the justices will not alter the ancient Form, for the mischief which may come, for if twelve only be returned he shall not have a jury without a Tales, 2 H. 7.8. The sheriff returns a Pannell upon Venire facias, and cometh a Bailif of the Fee, and shows an Indenture by which he hath returned certain names to the sheriff, and that the sheriff hath returned other names in blemishing his return, and prayeth that the jury be not taken, and it was not allowed, 30 Book of Assizes 5. Assize, (Venire facias) was directed to the Coroners, and the Pannell was returned by two Coroners, where there are four, and therefore the (Venire facias) was sent back again, and after was returned by all four, 31 Assize 20. Venire facias Issued to the Sheriff, which returneth, Mandavi in Ballivo libertatis, that to me he should send a Panel, and this is returned, and after goeth Tales to the Sheriff, and he return the Tales, aledging that there were more sufficient within the Franchise, and good return upon this special matter, 38 Ed. 3.29. Debt against the sheriff, Sheriff. and he reurneth that hhimself is sheriff, and that he cannot summon himself, 18 H. 3. and H. 6.77. see 9 H. 6 f. 10. Precipe, (Venire facias) issued to the sheriff, and he was outed of his office one month before the return of it, and he sent the (Venire facias) which was served to the new sheriff, and he returned another Venire facias, and returned that Writ late, and it seemeth that the Writ which is served shall be 28 Ed. 3.99. One was outlawed, and Procla mari feci was returned, that he should render himself to the sheriff of London, where it should be Kent, and the outlawry was reversed by error, and for that, that it is in another Term, it seemeth that the sheriff shall not amerced, 27 H. 8.34. Debt was brought by I.S. being sheriff, and serves the Writ, and it is good, and may serve that till a Venire facias 14 H. 6.1. The sheriff may bring a Writ of debt in the County where he is sheriff, and may serve it, and return it, and may find pledges to prosecute in the Chancery, 14. H. 6.19. Trespass against the sheriff and two others, and process was awarded to the Coroners, and the sheriff was found not guilty, and the Plaintif prayed a (Fiere facias) to the sheriff and could not have it, for that the process before was to the Coroners, 2 H. 6 12. Debt upon a Capias, the sheriff returns that he is sick in Prison, and yet the Defendant was received to appear, for he hath day by Roll, and the Plaintif was demanded, and did not come, and was none suited, 3 H. 6.3. If the the sheriff return in one Panel, Johannis D. where it should be Johannes D. yet that is good, for false Latin is not material in a return, 2 H 4.8. If the sheriff return upon a Capias, cepi corpus, and hath not the body, he shall be amerced, 7 H. 4.11. The Defendant cannot say that the sheriff is cousin to the plaintiff and pray (Venire facias) to to the Coroners, for if it be so, he may have his challenge and quash the Jury, but the Plaintiff may pray that 3 H. 7.2. & 5. Exigent which was delivered of Record was imbezilled, and the Copy of that returned by the sheriff, and he was amerced for returning of the copy to 30 l. & for imbezilling that 20 l. 3 E. 4.5 Debt upon an Obligation made to the sheriff, by one let to mainprize, and the name of the sheriff is not in the Obligation as aught to be by that statute of 23 H. 6. cap. 10. and the Defendant may show that, and conclude, and so not his deed, 7. Ed. 4.5. Every original writ shall be to the sheriff as assize of an office in the Common place, but process may be to the keeper of the Palace, 3 Ed. 4.17. The sheriff nor his servant cannot break a close to make a Replevin where is a gate, unless it be stopped, 20 H. 6.30. The sheriff, and the Bailif errand, sworn and known, may arrest one without showing him a Warrant, contrary of the servant of the sheriff, which is not an office sworn and known, 8 Ed. 4.14. If the sheriff come to arrest one, and he fly, he may pursue him, and take him in another County, but not assault nor beat him, for that he was not arrested, but if he were arrested, & fly into another County with his sword naked in his hand, he may follow him, & assault him, and beat him, and take him, 2 Ed. 4.7. If the sheriff come to arrest one, and he sly into another County, there he may freshty pursue and arrest him, 11 Ed. 4.9. The sheriff or officer may break a house to take a Felon, but he cannot break a house to arrest one upon a Capias in Debt or Trespass, 13 Ed. 4.8. The sheriff upn a Fieri facias cannot break a door or chest to take goods in Execution, for if he doth, Trespass lieth for the breaking only, 18. Ed. 4.4. Trespass against the sheriff for taking of goods, he may justify for that the Exigent of Felony was awarded to him, and that he took them, and he might justify for that, though that he doth not say, that he accounted to the King, but a Capias ad satisfaciendum is conditional, 3 H. 7.3. If the Sheriff attach a Cow, by the attachment, the property of the Cow is not out of the party, till the day that he maketh default: and if at the day he maketh default, he may take that as a forfeit, although he leave it with the party, 9 H. 7.6. and 34. H. 6.53. Capias for Felony, the Sheriff returns Cepi corpus, and hath not the body at the day, by which he was amerced a hundred shillings for the escape, 40 Assize. 43. See the sheriff may serve a Writ as it seemeth with three hundred men if need be, 3 H. 7.1. THE MOST USUAL WRITS which have been used in the King's Bench, and are most like to continue in that Court, now called the Upper Bench, never before Printed in English. Latitat. THe Keepers of the Liberty of England by Authority of Parliament, to the Sheriff of E. Greeting. Whereas We have lately commanded the Sheriff of the County of Middlesex, that he should take A.B. if he might be found in his Bayliwick, and him safely keep, so that he might have his body before us in the Upper Bench at Westminster, the Thursday next after the fifteen days of Easter, to answer to C. D. in a Plea of Trespass. And the said Sheriff of Middlesex at that day returned to us that the said A. B. is not found in his Bayliwick. Whereupon on the behalf of the said C. D. in the Court before us, it is sufficiently testified, that the said A. B. doth lurk, and sculk in your County; therefore We command you that you take him if he shall be found in your Bayliwick, and him safely keep; so that you may have his body before Us in the Upper Bench at Westminster, the Wednesday next after the three weeks of Easter, to answer the said C.D. in the Plea aforesaid. And then you have here this writ, Witness H. Roll at Westminster the 17th day of April, in the year of our Lord 1651. Wightwicke. Alias Capias. THe Keepers of the Liberty of England by Authority of Parliament, to the Sheriff of E. Greeting. We command you, as formerly We have you commanded, that you take A. B. if he shall be found in your Bayliwick, and him safely keep, so that you have his body before Us in the Upper Bench at Westminster on Saturday next after the morrow of the Ascension of our Lord, to answer C.D. in a Plea of Trespass. And then you have there this Writ. Witness H. Roll at Westminster the 17th day of April, in the year of our Lord 1651. Wightwicke. Plures Capias. THe Keepers of the Liberty of England by the Authority of Parliament, to the Sheriff of E. Greeting. We command you, as many times we have commanded that you take A. B. etc. as above in the Writ next before. Bill Middl. Middl: ss: It is commanded to the Sheriff, that he take A. B. if, etc. and him safely, etc. so that he have his body before the Keepers of the Liberty of England, by the Authority of Parliament, in the Upper Bench at Westminster on Wednesday next after the month of Easter, to answer C. D. in a Plea of Trespass. And then he have here this precept, etc. By Bill: Wightwicke. Alias Bill. MIddl: ss. It is commanded the Sheriff, as it was formerly commanded, that he take A. B. etc. as above in the Bill of Middlesex. Attachment of privilege. THe Keepers of the Liberty of England, by the Authority of Parliament, to the Sheriff of H. Greeting. We command you that you attach A. B. if he shall be found in your Bayliwick, and him safely to keep; so that you have his body before Us in the Upper Bench at Westm. on Wednesday, etc. (reciting the return) to answer C. D. Gent. one of the Clerks of Samuel Wightwicke Esq chief Clerk assigned to enrol Pleas in the Upper Bench at Westm. etc. in a Plea of Trespass. And then you have there this Writ. Witness H. Roll at Westm, etc. Habeas Corpus ad ●ac & rec ' THe Keepers of the Liberty, etc. Greeting. We command you, that you have the body of A. B. (in our Prison under your custody (as it is said detained) under safe and secure conduct, together with the day, and cause of his caption, and detaining by that name soever the said A B. be censured in the same) before Us in the Upper Bench at Westminster on Saturday next after the morrow of All Souls, to do, and receive al., and every those things which the Court before Us in the Upper Bench at Westm. shall consider of in that behalf. And then you have here this Writ. Witness, etc. Habeas Corpus retornable before a Judge immediately. THe Keepers, etc. (as above in the Habeas Corpus until) by what name soever the said A. B. be censured in the same) before Henry Roll chief justice, assigned to hold Pleas in the Upper Bench at Westm. at his Chamber in Sergeant's Inn in Fleetstreet, London, immediately after the receiving of this Writ, to do, and receive all and every those things which the said Chief Justice, then, and there shall consider of in that behalf. And then you have here this Writ, etc. Witness, etc. Habeas Corpus upon a cepi Corpus. THe Keepers, etc. to the Sheriff of O. Greeting. We command you that you have the body of A B. (by you taken, and in our prison under your custody detained, as you yourself to us in the Court before us in the Upper Bench at Westm. formerly by you sent, have thereby charged yourself) before us in the Upper Bench at Westm. etc. (reciting the Return) to answer C.D. in a Plea of Trespass. And then you have there this writ. Witness, etc. Habeas Corpus ad satisfaciendum. THe Keepers, etc. (as above until the Return) next after, etc. to satisfy C. D. as well of one hundred li. of debt, as 40 s. for his damages which he sustained, as well by occasion of detaining of that Debt, as for his Costs and charges by him, about his Suit, in that behalf disbursed. And further to do, and receive all, and every those things, etc. (as above in the Habeas Corpus ad fac' & rec'. Procedendo THe Keepers of the Liberty, etc. Greeting. Although we have lately commanded you by our Writ, that you should have the body of A. B. (in Our prison under your custody, as it was said, detained under safe and secure conduct, together with the day and cause of his caption, and detention, by what name soever the said A. B. should be censured in the same) before Us in the Upper Bench at Westm. on, etc. (as the Return was in the Habeas Corpus) last passed, to do, and receive all, and every those things which the Court before Us in the Upper Bench at Westminster shall then, and there, consider or in that behalf. Yet we being now moved with certain causes in the same Court before Us in the Upper Bench at Westminster, We command you, and every of you, that in whatsoever Plaints or Suits against him, the said A. B. at the Suit of C. D. in the Court before you, or any of you levied, or affirmed; and before you, or any of you now depending undetermined, in such manner you proceed with what celerity you can, as according to the Law, and custom of this Nation you think to be expedient; Our Writ aforesaid to you formerly directed to the contrary notwithstanding. Witness, etc. Supersedeas when the Defendant appears, and files common Bail. THe Keepers, etc. Greeting. Whereas by our Writ, we have lately commanded you, that you should take A. B. if, etc. (recite as is in the Alias Capias till these words) to answer C. D. in a Plea of trespass. And because the said A. B. in the Court before us, in the Upper Bench at Westm. hath appeared at the day, and place in the said Writ contained, to answer the said C. D. according to the form and effect of the said Writ; Therefore we command you, that you for ever supersede from further attaching, Imprisoning, or him the said A. B. for that cause any way molesting; And if you have taken him for that cause and no other, then upon your peril without delay you cause him to be freed, delivered from the Prison, where he is so detained. Witness, etc. Supersedeas upon a Capias ad satisfaciendum, when the Plaintiff hath acknowledged satisfaction THe Keepers of, etc. Greeting. Although by our Writ we have lately commanded you, that you should take A. B. if, etc. (Reciting the execution until these words) as it doth appear to us upon record, yet because the said C. D. in the same Court before us in the Upper Bench at Westminster, did acknowledge that he is satisfied for the debt and damages aforesaid, therefore we command you that you for ever supersede from taking, attaching, Imprisoning, or him the said A. B. for that cause any ways molesting. And if you have taken him, the said A. B. for that cause (and no other) then without delay upon your peril, you cause him to be delivered from the Prison where he is so detained, if for that cause and no other, he is detained. Witness, etc. Subpena. THe Keeper, etc. to J. B. and C. D. Greeting, we command you, and both of you, notwithstanding, all and every business and excuses whatsoever, that you be in your proper persons, before Henry Roll Chief Justice assigned, to hold Pleas in the Upper Bench at Westminster on Friday the 29th. day of November, at Guildhald London there to testify all and every those things, according to your, and both of your knowledge and notice, which you, or either of you have known, in a certain action, now depending in the Upper Bench at Westminster undetermined▪ between E. F. Plaintiff, and H. J. Defendant, in a Plea of trespass, and ejectment to be tried between the said Parties by a Jurat of the Country. And this in no wise you omit, neither either of you omit, upon the penalty of either of you, of a hundred pound. Witness, etc. Subpena to testify before the Sheriffs of London. THe Keeper, etc. (as above until these words) proper persons before the Sheriffs of London, the 15th. day of May, about one a clock in the afternoon of the same day, at Guild-Hall London, to testify, etc. (as above until) the day and place aforesaid, to be inquired of before the said Sheriffs, by the Oath of twelve honest and lawful men of the City of London aforesaid. Witness, etc. Venire facias. THe Keeper, etc. to the Sheriff of London, Greeting. We command you that you cause to come before Us in the Upper Bench at Westminster on Wednesday, etc. twelve free, and lawful men of the visne of the Parish of Blessed Mary of Bow, in the Ward of Cheap, London, every one of which hath four pounds of Lands, Tenements, or Rents by the year at the least, by whom the truth of the matter may better be known. And which neither the said A. B. Plaintiff, nor C. D. to happen into any affinity, to make a certain Jurat between the parties aforesaid of a Plea of Debt, because as well the said C. D. as the said A. B. between whom thereof there is contention, have put themselves into that Jurat. And then you have there the names of the Jurors. And this Writ. Witness, etc. Venire facias with a Proviso. THe Keeper, etc. (as above until these words) have put themselves in that Jurat. Always provided, that if two Writs shall thereby come to you, you only execute and return one of them. And then you have there the names of the Jurors. And this Writ. Witness, etc. Also the Distringas Jur. may be made with a proviso. Distringas Jur. THe Keepers of, etc. to the Sheriffs of London. Greeting. We command you that you distrain A. B. etc. (naming the 24. Jurors) Jurors summoned before Us in the Upper Bench at Westminster, between A. B. Plaintiff, and C. D. by all their Lands and Chattels in your Bayliwick, so that neither they, nor any by them put hands to those thing, until you have thereof another Precept from us. And that of the issues thereof you answer to us. so that you have their Bodies before us in the Upper Bench at Westminster on Wednesday next after five weeks of Easter; or before our faithful and well beloved Henry Roll, Chief Justice, assigned to hold Pleas in the Court before Us in the Upper Bench at Westminster, if first he come on Tue●day the ●1. day of May at Guild-Hall London, by the form of the Statute in such case lately made, and provided, to make a certain Jurat between the said parties in a Plea of Debt. And to hear their Judgement of many defaults. And then you have here the names of the Jurors. And this Writ. Witness, etc. Distring. 〈…〉 the Issue at the Bar. THe Keeper, etc. (as above until these words) so that you have their Bodies before Us in the Upper Bench at Westminster, on, etc. next after, etc. to make a certain Jurat between the said parties in a Plea of Trespass, and Ejectment. And thereby to hear their Judgement, etc. And you have, etc. (as above.) Distring, 〈…〉. THe Keeper, etc. Greeting. We command you, that you distrain A. B. Esquire, lately Sheriff of your County, by all his Lands, and Chattels; so that neither he, nor any by him, put hands to those things, until you have thereof another Precept from us. And that of the Issues thereof you answer to us, so that you have the Body of C. D. (by him taken, and in our prison under his custody detained, as he himself by his Return to us in the Court before Us in the Upper Bench at Westminster, formerly thereunto by him sent, hath charged himself) before us in the Upper Bench at Westm. on, etc. next after, etc. to answer E. F. in a Plea of Trespass. And then you have here this Writ. Witness, etc. Writ of Inquiry. THe Keepers, etc. Greeting. Whereas A: B. lately in the Court before us in the Upper Bench at Westminster by a Bili without our Writ, and by judgement of the said Court had impleaded C. D. of E. in the County of F. Yeoman for that, (that is to say) that wherea● one J. H. the 19th day of April, in the year of our Lord, one thousand six hundred and fifty, at L. in the County aforesaid, had demised, granted, and to farm, let, etc. (And so recite the Declarat') And thereupon, then produced the Suit, etc. Such like process thereupon, is taken before us in the same Court, that the said A. B. aught to recover his damages against the said C. D. by reason of the premises, but because now it is unknown what damage the said A. B. in that behalf sustained; Therefore we command you, that by the Oath of honest and lawful men of your Bayliwick, you diligently inquire what damages, the said A. B. aswell by reason of the premises, as for his costs and charges by him about that Suit, in that behalf disbursed And the inquisition which you shall thereby take, you make manifest before us in the Upper Bench at Westminster, on, etc. under your Seal, and the Seals of them by the Oath, of whom you take tha● inquisition, together with this Writ: Witness, etc. Exigent. THe Keeper, etc. To the Sheriffs of London Greeting, we command you, that you make A. B. lately of C. in the County of C. Gent. to be required from husting to husting, until according to the Law, and custom of England, he be outlawed if he shall not appear; And if he shall appear then, you take and cause him safely to be kept, so that you may have his Body before us in the Upper Bench, in the fifth week after Easter, wheresoever we shall then be in England to answer C. D. in a Plea, that whereas the said C. D. and A. B. at London, had accounted together of divers sums of money, being before that time due to the said C. D. from the said A. B. and being then behind and unpaid; And upon that account the said A. B. was then and there found in arrearages to the said C. D. in a hundred pounds of lawful English money, the said A. B. (in consideration thereof) did assume and to the said C D. there faithfully promised, that he the said A. B. would pay, that men 〈…〉 the said C. D. yet t●● said A. B. hath not yet paid the said money to the said C. D. although he hath been thereunto required to pay the same, to the damage of the said C. D. one hundred and twenty pounds as he saith, and whereupon you yourselves have sent to us, that the said A. B. is not found in your Bayliwick, and you have here this Writ: Witness, etc. Proclamation sur' Exigent. THe Keepers of the Liberty, etc. To the Sheriff of Cornwell Greeting. Whereas by our Writ, we have lately commanded the Sheriff of London, that he should cause A.B. of C. in your County Gent. to be required from husting to husting, until he be outlawed, according to the Law and custom of England, if he should not appear, and if he should appear, than they should cause him safely to be kept, so that they should have his body before us in the fifth week after Easter, wheresoever we should then be in England, to answer C. D. in a Plea, that whereas the said C. D. etc. (And so recite as is in the exegent till you are passed these words) as he saith, (than writ on) we command you according to the statute made & provided in the one and thirtieth year of the Lady E●izabeth lately Queen, you cause to be proclaimed the said A. B. at three several days, according to the form of that statute, whereof one Proclamation thereof shall be made, at or near the most usual door of the Church of C. in your County, so that he may render himself to the Sheriffs of London, to answer the said C. D. of the said Plea. And you have here this Writ: Witness, etc. C●●ias utlegat'. THe Keeper, etc. To the Sheriffs of C. Greeting. We command you that you do not omit from any liberty within your County, but take A. B. of, etc. And him safely keep, so that you have his body before u● in the Upper Bench in etc. (Reciting the return) wheresoever we shall then be in England, to stand right in Court before us in the Upper Bench, upon a certain Outlawry against him the said A. B. at the suit of C. D. in a Plea of debt, at the hustings of the Common Pleas, holden in London, on Monday, etc. In the year of our Lord one thousand six hundred and fifty, in the Court of London pronounced. And you have there this Writ. Witness, etc. Capias ad satisfaciendum in a Plea of Debt. THe Keepers of the Liberty, etc. Greeting. We command you, that you take A. B. if he be found in your Bayliwick; And him safely to keep, so that you have his body before us in the Upper Bench at Westm. on Wednesday next after the five weeks of Easter, to satisfy C. D. of 100 li. of Debt; and also 21 s. for his damages, which he sustained as well by occasion of detaining of that Debt, as for his Costs and charges by him about his Suit in that behalf disbursed, whereof he is convicted, as it doth appear to Us upon Record. And then you have here this Writ. Witness H. Roll at Westm. the 17th day of April in the year of our Lord, 1651. Wightwicke. Testat. Ind. THe Keepers of the Liberty, etc. to the Sheriff of H. Greeting. Whereas we have lately commanded the Sheriffs of London, that they should take A. B. if he might be found in their Bayliwick; And him safely keep, so that they should have his body before Us in the Upper Bench at Westminster, at a certain day now past, to satisfy C. D. of a hundred pounds of Debt; and also one & twenty shillings for his damages which he sustained, as well by occasion of detaining of that Debt, as for his Costs and charges by him about his Suit in that behalf disbursed: whereof he is convicted, as it doth appear to us upon Record. And the said Sheriffs of London at that day returned to Us, that the said A B. is not found in their Bayliwick. Whereupon on the behalf of the said C. D. in the Court before Us is sufficiently testified, that the said A. B. doth lurk, and sculk in your County; therefore we command you, that you take him if he be found in your Bayliwick, and him safely keep, so that you may have his body before Us in the Upper Bench at Westminster, on Wednesday next after the three weeks of Easter, to satisfy the said C. D. of the Debt and damages aforesaid. And then you have here this Writ. Witness, etc. Capias ad satisfaciendum after judgement affirmed in a Writ of Error, and for damages for the Plaintiff, being the Defendant did thereby delay Execution. THe Keeper, etc. (as above in the Capias ad satisfaciend: till these words) to satisfy C. D. of a hundred pounds of Debt, & also 40 s. which were adjudged to the said C.D. in the Court of the Common Pleas at Westminster, before Oliver St. John, and the other Justices his Associates, for his damages which he had by reason of detaining of that Debt, whereof he is convicted, as by the inspection of the Record, and Process thereupon, which we lately for certain causes have caused to come in the Court before Us in the Upper Bench at Westminster; And which in the same Court now remaining, doth appear to us upon Record; And also five pounds which in the same Court before us in the Upper Bench at Westminster, according to the form of the Statute, in such case thereupon lately made, and provided, were adjudged to the said C. D for his damages, costs, and expenses, which he had by reason of the delay of execution of the Judgement aforesaid, by reason of prosecut●●● of a certain Writ of Error, by him the said A. B. in the same Court, before us in the Upper Bench at Westminster, prosecuted in, and upon the Premises, as it doth also appear to us upon Record; And you have there this Writ. Witness, etc. Capias ad satisfaciendum against Manucaptors in a Plea of Debt. THe Keeper, etc. Greeting. We command you that you take A. B. and C. D. (writing the addition as it is in the Bail piece) Manucaptors of E: F: of, etc. (as above in the first Capias ad satisfaciendum, until these words) to satisfy G: H: of 30 li. of Debt, and 20 s. for his damages, etc. (as above in the first Capias, etc. until these words) disbursed, whereof the said G: H: is convicted, as it doth appear to us upon Record; And whereof in the same Court before Us in the Upper Bench at Westm. it is considered, that the said G: H: shall have his Execution against the said A: B: and C: D: of the Debt, and damages aforesaid, according to the force, form, and effect of the Recognisance by them the said A: B: and C: D: to the said G: H: for the said E: F: in the Court before Us in the Upper Bench at Westm. acknowledged. And then you have here this Writ. Witness, etc. The same against the Plaintiff for not prosecuting his Action. THe Keeper, etc. (as above in the first Capias ad satisfaciendum, until these words) to satisfy C: D: of six pounds, which in the Court before Us in the Upper Bench at Westm. were adjudged to the said C: D: according to the form of a Statute in such case lately made, and provided, for his costs and charges by him about his defence in a certain Action of Trespass, at the Suit of the said A: B: in the same Court before Us in the Upper Bench at Westm. sustained; whereof the said A: B: is convicted, as it doth appear to us upon Record. And then you have here this Writ. Witness, etc. The same for damages in breaking Covenant THe Keeper, etc. Greeting, etc. (as above in the former directions) to satisfy C: D: of 7 li. for his damages which he sustained by reason of certain Covenants made to the said C: D: by the said A: B: lately broken, as also for his Costs and charges, etc. (as the first Capias ad satisfac ' to the end.) If for trespass, thus. THe Keeper, etc. (as before until these words) to satisfy C: D: 7 li. for his damages which he sustained as well by reason of a certain Trespass done to the said C. D: by the said A: B: as for his Costs, etc. (according to the directions in the former.) If for trespass upon the Case, thus. THe Keeper, etc. (as above until these words) to satisfy C: D: of 10 li. for his damages which he sustained, as well by reason of a certain Trespass upon the Case lately done to the said C: D: by the said A: B: as for his Costs, etc. (as in the former directions next before.) If for performance o● promise. thus. THe Keeper, etc. to satisfy C: D: of 10 li. for his damages which he sustained as well by reason of not performing of certain promises and assumptions lately made to the said C: D: by the said A: B. as for his costs, etc. (as above.) The same for costs for the Defendant upon a Verdict at the Assizes against the Plaintiff. THe Keeper, etc. (as above until these words) to satisfy C: D: of 40 s. for his costs and charges by him disbursed, about his defence in a certain Plea of Trespass upon the Case, at the Suit of the said A: B: prosecuted in the Court before us in the Upper Bench at Westm. And then you have here this Writ. Witness, etc. Fieri facias in a Plea of Debt. THe Keepers of the Liberty, etc. To the Sheriff of Leicestershire, Greeting. We command you, that you cause to be made of the goods and Chattels of the said A. B. in your Bayliwick, as well a certain debt of forty pounds, which C. D. lately in the Court before us at the Upper Bench at Westminster, recovered against the said A. B. as also one and twenty Shillings, which to the said C: D. in the same Court, were adjudged for his damages which he sustained, aswell by occasion of detaining of that debt, as for his costs and charges by him about his Suit, in that behalf disbursed, whereof the said A. B. is convicted, as it doth appear to us upon Record. (when the Judgement is renewed by a Scir' fac '; than this sentence is to be in the execution) whereof in the same Court before us in the Upper Bench at Westminster it is considered, that the said C. D. may have his execution against the said A: B: according to the force, form, and effect of the recovery aforesaid) And you have that moneys before us in the Upper Bench at Westminster, on Friday next after the morrow of the holy Trinity, to restore to the said C. D. for his debt and damages aforesaid, and then you have here this Writ. Witness, etc. A Testatum thereupon. THe Keeper, etc. To the Sheriff of Middl: Greeting. Whereas we have lately commanded the Sheriff of London, that they should cause to be made of the goods and Chattels of A. B. in their Bayliwick, aswell a certain debt of one hundred pounds, (which C. D. in the Court before us in the Upper Bench at Westminster, lately recovered against the said A. B. as also one and twenty shillings, which to the said C. D. in the same Court, were adjudged for his damages which he sustained, aswell by occasion of detaining of that debt, as for his costs and charges by him, about his Suit in that behalf disbursed, whereof the said A. B. is convicted, as it doth appear to us of Record. And that they should have those moneys, before us in the Upper Bench at Westminster, at a certain day now past, to restore to the said C. D. for the debt and damages aforesaid. And the said Sheriffs of London at the day, have returned to us, that the said A: B. hath nothing in their Bayliwick whereby they might cause to be made the debt and damages, or any parcel thereof, whereupon, on the behalf of the said C. D. in the Court before us it is sufficiently testified, that the said A: B. hath goods and Chattels sufficient in your Bayliwick, whereof you may make or cause to be made, the debt and damages aforesaid; Therefore we command you, that you cause to be made of the goods and Chattels of the said A. B. in your Bayliwick, the said hundred pounds of debt, & the said one and 20 s. for damages aforesaid. And you have there those moneys before us in the Upper Bench at Westminster on Thursday, next after the eight days of the holy Trinity, to render to the said C. D. for the debt and damages aforesaid, and you have here this Writ. Witness, etc. A Devastavit returned, and thereupon a Fire ' Fac' of the proper goods of the Executor. THe Keeper, etc. Greeting. Whereas by our Writ we have lately commanded you, that you cause to be levied of the goods and Chattels which were of A. B. otherwise called &c. (naming the addition) in your Bayliwick, in the hands and custody of C. D. Executrix, of the last will and Testament of the said A. B. one hundred pound of debt, and also 5 l. which were adjudged to E. F. in the Court before us in the Upper Bench at Westm. for his damages which he sustained, as well by occasion of detaining of that Debt, as for his costs and charges by him about his Suit in that behalf disbursed, if so much she should have them in her hands. And if so much she should not have them in her hands, than you should cause to be levied the said five pounds for the damage aforesaid, of the proper goods and chattels of her the said C: D: And you should have those moneys before us in the Upper Bench at Westminster at a certain day now past, to render to the said E: F: for his Debt, and Damages aforesaid; whereof the said C: D: is convicted, as it doth appear to us upon Record. And you at that day returned to us, that the said C: D: had not goods or chattels which were of the said A: B: whereby you might cause to be made the Debt, and Damages aforesaid, or any parcel thereof. And moreover, that by virtue of the said Writ, you caused to be made of the proper goods and chattels of the said C: D: the said five pounds for damages aforesaid. And that you had the moneys prepared before us in the Upper Bench at Westminster, as it was commanded to you by our Writ. And that the said C: D: hath wasted the goods and chattels which were of the said A: B: to the value of thirty pounds, parcel of the said Debt of one hundred pounds. Therefore we command you that you cause to be made in your Bayliwick the said 30 li. parcel of the Debt of 100 li. of the proper goods and chattels of the said C: D: And then you have here this Writ. Witness, etc. Elegit. THe Keepers, etc. to the Sheriff of L: Greeting. Whereas A: B: in the Court before us in the Upper Bench at Westm. lately recovered against C: D: an hundred pounds of Debt, and also one and twenty shillings for his damages, which he sustained, as well by occasion of detaining of that Debt, as also for his costs and charges by him about his Suit in that behalf disbursed; whereof the said C: D: is convicted, as it doth appear to us upon Record. And because the said A. B. doth come in the Court before us in the Upper Bench at Westm. and electeth to be delivered to him all the goods and chattels of the said C: D: in your Bayliwick, besides his Oxen and beasts of his Blow, and also the half of all the Lands, and Tenements which were of the said C: D: the 14th day of June, in the year of our Lord one thousand six hundred and fifty; which day the Judgement aforesaid was given against the said C: D: in the form aforesaid, to have the goods and chattels aforesaid, as the proper goods and chattels of him the said A: B: and to have, and hold the half of the Lands, and Tenement aforesaid to him, and his Assigns as his , until he hath thereby fully levied the Debt, and damages aforesaid. Therefore we command you, that without delay you cause to be delivered all the goods, and chattels of the said C: D: in your Bayliwick; except the Oxen, and beasts of his Blow and also the half of all the Lands and Tenements which were of the said C: D: the said 14th day of June, in the year of our Lord, one thousand six hundred and fifty aforesaid, to the said A: B: by a reasonable price, and extent, to ha●e the goods, and chattels aforesaid, as his proper goods, and chattels; and to have, and hold the half of the Lands, and Tenements aforesaid to him, and his Assigns as his , until he hath thereby fully levied the Debt, and Damages aforesaid. And in like manner this Precept shall be executed, you make it appear before us in the Upper Bench at Westminster, on Thursday next after the fifteen days of Easter under your Seal, and the Seals of them by the Oath of whom you took that Extent, and Apprisement, together with this Writ. Witness, etc. Habere fac' poss. THe Keeper, etc. Greeting. Whereas A. B: lately (that is to say) in the Term of Saint Hillary, in the year of our Lord one thousand six hundred and fifty, before us in the Upper Bench at Westminster, hath recovered against C. D. 〈◊〉 s●arm then, & yet to come, of, and in one message with the appurtenances in E. in your County, which F: G. d●●admse to him to a ●●arm, which is not yet past (that 〈…〉) from the Feast of the Annunciation of the blessed Virgin Mary, in the year of our Lord, one thousand six hundred and fifty, until the end and term of three years from thence next following to be fully complete and ended, by virtue of which demise, the said A. B. entered into the tenements aforesaid with the appurtenances. And was thereof possessed, until the said C. D. did afterwards eject him the said A. B. from his Farm; Therefore we command you, that without delay, you cause the said A. B. to have his possession of his Term aforesaid, yet to come of, and in the Tenements aforesaid with the appurtenances. And in like manner this precept shall be executed, you make it appear before us in the Upper Bench at Westminster, on Saturday next after the morrow of the Ascension of our Lord, together with this Writ. Witness, etc. A Scire Facias in debt. THe Keeper, etc. to the Sheriff of N. Greeting. Whereas A. B. in the Court before us in the Upper Bench at Westminster, recovered against C: D: two hundred pounds of debt, and also thirty shillings for his damages which he sustained, as well by occasion of detaining of that debt, as for his costs and charges by him about his Suit, in that behalf disbursed, whereof he is convicted, as it doth appear to us upon Record; And now on the behalf of the said A. B. in the Court before us in the Upper Bench at Westminster, we conceive that although the Judgement be thereby given, yet the Execution of the said Debt and damages doth yet remain to be made, whereupon the said A. B. hath made supplication to us, accordingly in that behalf, to provide remedy for him. And we being willing in that behalf, to do that which is just, we command you, that by honest and lawful men of your Bayliwick, you make known to the said C. D. that he may be before us, in the Upper Bench at Westminster on Wednesday next, after the fifteen days of the holy Trinity, to show if he hath, or knoweth any thing to say for himself, wherefore the said A. B. ought not to have his Execution against him, of the debt and damages aforesaid, according to the force, form, and effect of the recovery aforesaid, if he think expedient. And further, to do and receive that which the Court before us in the Upper Bench at Westminster, shall consider of in that behalf; And than you have here this Writ. Witness, etc. The same against Manucaptors. THe Keeper, etc. To the Sheriff of Middlesex Greeting. Whereas A: B: lately in the Court before us, in the Upper Bench at Westminster, recovered against C: H: one hundred pound of debt, etc. (as above until these words) doth yet remain to be made of the goods & Chattels aforesaid. And whereas E. F: lately of, etc. And G. G. (naming the addition) formerly (that is to say, in Michalmas Term last passed, in the same Court, before us in the Upper Bench at Westminster, personally came, and did become Pledges and Manucaptors, and both of them, by themselves became Plegde and Manucaptor, for the said C: D: that if it should happen the said C.D. to be convinced in the Plea aforesaid, that then the said E: F: and G: H: granted, and either of them for himself, did grant the debt aforesaid, and also all such damage, cost, and charges which should be adjudged to the said A. B. in that behalf, of their, and either of their Lands & Chattels to be made, and to the use of the said A. B. to be levied, if it should happen the said C D. not to pay the said debt, damages, costs, and charges to the said A. B. or not to render himself to the Prison of the Marshal of our marshalsea, of the Upper Bench at Westminster upon that occasion, yet the said C. D. hath not hitherto paid the said debt and damages to the said A. B. neither hath upon that occasion rendered himself to the Prison of the Marshal of our marshalsea of the Upper Bench, before that time, as by the insinuation of the said A. B. in the Court before us in the Upper Bench at Westminster, we have accepted, whereupon the said A. B. hath supplicated us accordingly, to provide remedy for him in that behalf, (as above till after the return of the former Writ to these words) to show if he hath or knoweth any thing to say for himself, wherefore the said A. B. ought not to have his execution against him, of the debt and damages aforesaid, according to the force, form, and effect of the recognizance aforesaid, if he think good so to do, etc. (as above until the end.) A Scire Facias against an Executor in Debt. THE Keepers, etc. (as above in the first Scire facias until these words) doth yet remain to be made of the Goods and Chattels aforesaid, and that the said C.D. after Judgement aforesaid, in form aforesaid rendered, is dead, and that one E.F. is Executor of the last Will and Testament of the said C.D. whereupon the said A.B. hath supplicated us accordingly, to provide remedy in that behalf, (as above till after the Return of the first Writ) to show if he hath or knoweth any thing to say for himself, wherefore the Debt and damages aforesaid, of the Goods and Chattels which were of the said C. D. at the time of his death, being in the hands and custody of the said E.F. to be administered, ought not to be made, and to the use of the said A.B. levied, according to the force, form, and effect as above in the first, etc. The same for an Administratrix in Debt. THe Keeper, etc. (as in the first Scire facias, until these words) as it doth appear to us upon Record, and now in the Court before us, in the upper Bench at Westminster comes E.F. Widow, the relict of the said A. B. and saith, that after Judgement aforesaid, in form aforesaid rendered (that is to say) on, etc. in the year, etc. (naming the time) the said A. B. at A. in your County died intestate, after whose death, (that is to say) on, etc. in the year, etc. (naming the time at A. aforesaid, the. Administration of all the Goods and Chattels, Rights, and Credits, which were of the said A.B. at the time of his death, by, etc. (to whom the Commission of the Administration of Right did pertain) was committed to the said E.F. and now on the behalf of the said E. F. in the same Court before us in the upper Bench at Westminster, we have accepted, that although, etc. (as above in the first Writ of this sort.) Rotam. habend. THe Keeper, etc. to the Sheriff of Middlesex, greeting, whereas A.B. was lately summoned to be before us in the upper Bench at Westminster, to answer C.D. in a Plea of taking and unjustly detaining of the Goods and Chattels of the said C.D. and the said A.B. appearing in the Court before us in the upper Bench at Westminster, the said C. D. made default, for which it was considered of in the said Court, that the said A. B. should have Return of his goods, and chattels aforesaid, therefore we command you that without delay, you cause to be returned to the said A. B. the goods and chattels aforesaid, and not deliver them at the complaint of the said C.D. without our Writ aforesaid, making express mention of the said Judgement, and as this Precept shall be executed, you certify to us in the upper Bench, in eight days of the Purification of the blessed Virgin Mary, wheresoever we shall then be in England, together with this Writ, witness, etc. Capias in Withernam. THe Keepers, etc. to the Sheriff of M. greeting, whereas A.B. in the Court before us in the upper Bench at Westminster, was summoned to be before us in the uper Bench at Westminster, to answer C. D. in a Plea, wherefore he took the goods and chattels of him the said C.D. and detained them unjustly against Sureties and Pledges, as it is said, and the said A. B. appearing in the same Court before us in the upper Bench at Westminster, the said C. D. there made default, for which in the same Court it was considered by the same Court, that the said A.B. should have return of the goods and chattels aforesaid, whereupon we commanded you by our Writ, that without delay you cause to be returned the goods and chattels aforesaid, to the said A.B. and not deliver them at the complaint of the said C.D. without our Writ that shall make express mention of the said Judgement, and in such manner, as that Precept should be executed, you should certify to us in the upper Bench at Westminster, in the eight days of the Purification of the blessed Virgin Mary last passed, and you at that day did return to us, that before the coming to you of that Writ, the goods and chattels aforesaid, were conveyed away to places to you altogether unknown, so that you would not cause those goods and chattels to be returned to the said A. B. therefore we command you, that you take of the goods and chattels of the said C.D. to the value of the goods and chattels aforesaid formerly taken, and you cause them to be delivered to the said A. B. to be detained until you may cause the goods and chattels formerly taken to be restored to the said A.B. and you put the said C.D. by Sureties and safe pledges, that he be before us in the month of Easter, whersoever we then shall be in England, to answer as well as of the contempt, and as also the said A.B. of his damages, and injuries in that behalf illated, and that you have there this Writ, witness, etc. A Scire facias for an Executor to renew a Judgement after a year and a day THe Keepers, etc. greeting, whereas A.B. Executor of the last Will and Testament of C. D. lately deceased, lately in the Court before us in the upper Bench at Westminster by Bill without our Writ, and by the judgement of the same Court, recovered against E.F. thirteen pounds of Debt, and also one and twenty shillings for his damages which he sustained, as well by occasion of detention of that Debt, as for his costs and charges by him about his suit in that behalf disbursed, whereof he is convicted, as it doth appear to us of Record, and that the said C. D. after Judgement aforesaid, in Form aforesaid, rendered at London, made his last Will and Testament, and thereby did appoint and ordain the said A.B. his Executor, and afterwards there died, and now on the behalf of the said A. B. in the Court, before us in the upper Bench at Westminster have accepted, that although the Judgement be thereof rendered, yet the Execution of the Debt and damages aforesaid, doth yet remain to be made, whereupon the said A.B. hath supplicated us accordingly to provide remedy for him in that behalf and we being willing in that behalf, to do that which is just, we command you, that by honest and lawful men of your Bailywick, you make known to the said E.F. that he be before us in the upper Bench at Westminster on Friday next, after, etc. to show if he hath or knoweth any thing to say for himself, wherefore the said A. B. ought not to have the Execution of the Debt and Damages aforesaid, according to the force, form, and effect of the recovery aforesaid, if he think good to try, and further to do and receive that which the same Court before us, in the upper Bench at Westminster shall consider of in that behalf, and then you have here the names of them by whom you made known to him, and this Writ; witness, etc. The same in an Action of Ejectment the Plaintiff (a woman) after Judgement being married. THe Keeper, etc. Greeting, whereas A.B. lately before us in the upper Bench at Westminster, recovered against C.D. her Term, then and yet to come, of and in one Message, with the Appurtenances in E. in the Parish of F. in your County, (that is to say) from the last day of March, in the year of our Lord, one thousand six hundred and fifty, until the end and Term of five years, to be fully complete and ended, and afterwards the said A.B. at E. aforesaid, took to her Husband one C.G. and now on the behalf of the said G. H. and A. B. in the Court before us, in the upper Bench at Westminster, as we have accepted, that although the Judgement aforesaid be rendered, yet the Execution of that Judgement doth yet remain to be made, whereupon the said G. H. and A.B. have supplicated us accordingly to provide remedy for them, in that behalf, and we being willing in that behalf, to do that which is lust, we command you, that by honest and lawful men of your Bailiwick, you make known to the said C.D. that he be before us in the upper Bench at Westminster, on etc. (reciting the Return) to show if that he hath or knoweth any thing to say for himself, wherefore the said G.H. and A.B. his Wife ought not to have Execution of the judgement aforesaid, if he think good to try, and further to do and receive that which the Court shall consider of in that behalf, and then you have here the names of them by whom you made known to him, and this Writ, witness, etc. The same for an Administrator in Debt. The Keepers, etc. Greeting, whereas A. B. lately in the Court before us in the upper Bench at Westminster, recovered against C.D. twenty pounds' Debt, and also one and twenty shillings for his damages, which he sustained, as well by occasion of detention of that Debt, as also for his costs and charges by him about his suit in that behalf disbursed, whereof he is convicted, as it doth aprear to us upon Record, and afterwards the said A.B. at London aforesaid, died intestate, as it is said, and the Admistration of all and every the Goods and Chattels, Rights and credits, which were of the said A.B. at the time of his death, at London, were committed to one E.F. as by the insinuation of the said E.F. in the Court before us in the upper Bench at Westminster we have accepted, yet the Execution of the Debt and damages aforesaid, doth yet remain to be made, whereupon the said E. F. hath supplicated us accordingly to provide remedy for him in that behalf, and we being willing to do that which is just in that behalf, we command you, that by honest and lawful men of your Bailiwick, you make known to the said C.D. that he be before us in the upper Bench at Westminster, on, etc. (reciting the Return) to show, if he, etc. (as above in the former Writ, until the end.) The same against an Executor of a Sheriff, where the Sheriff returned that he had caused the Goods of the Defendant to be levied, but hath not paid the Money coming thereof. THe Keepers etc. to the Sheriff of Middlesex greeting, whereas A.B. lately in the Court before us in the upper Bench at Westminster, recovered against C.D. one hundred pounds of Debt, and also five pounds for his damages which he sustained, as well by occasion of detaining of that Debt, as for his Costs and Charges by him about his Suit in that behalf expended, whereof the said C.D. is convicted, as it doth appear to us of Record. And whereas also E.F. Esq Sheriff of the County of E. hath returned to us upon a certain Writ issuing forth of the same Court before us, upon the judgement aforesaid, that he had caused to be taken the Goods and Chattels of the said C.D. to the value of the Debt and damages aforesaid (that is to say) the one hundred and five pounds, and the Money coming thereof (that is to say) the said one hundred and five pounds before us at the day and place in the said Writ mentioned. He had prepared to deliver to the said A. B. according to the Exigent of the Writ aforesaid, as by the return of that Writ in the same Court before us remaining of Record doth manifestly appear: And because the said E.F. the Money's aforesaid in form aforesaid, taken into the Court before us in the upper Bench at Westminster, hath not yet paid or delivered, nor to the said A.B. (as by his insinuation in the same Court before us we have accepted) hath yet paid or delivered, and that the said E. F. after the return aforesaid in form aforesaid so returned, is dead, and that one G.H. is Executor of the last will and Testament of the said E. F. whereupon the said A.B. hath supplicated us accordingly to provide remedy for him in that behalf. And we being willing to do in that behalf that which is just we command you that by honest and lawful men of your Bailiwick, you make known to the said G.H. that he be before us in the upper Bench at Westminster, on, etc. next after, etc. to show if he hath or knoweth any thing to say for himself, wherefore the said one hundred and five pounds ought not to be made, and to the use of the said A.B. levied of the Goods and Chattels which were of the said C.D. at the time of his death, according to the force, form, and effect of the recovery and return of the Writ aforesaid if it shall seem to him expedient, and further to do and receive that which the same Court before us shall consider of in that behalf, and then you have here the names of them by whom you made known unto him and this Writ; witness, etc. A Testatum ca sa. against Manucaptors. THE Keepers, etc. to the Sheriffs of London greeting, whereas we have lately commanded the Sheriff of Middlesex that he should take A.B. and C.D. (naming the addition) Manucaptors of E.F. of etc. If they had been found in his Bailiwick; and them safely keep, so that he should have their Bodies before us in the upper Bench at Westminster at a certain day now past, to satisfy G.H. of thirteen pounds of Debt, and also of one and twenty shillings for his Damages, which he sustained, as well by occasion of detaining of that Debt, as for his Costs and Charges by him about his suit in that behalf expended, whereof the said E.F. counted, as it doth appear to us of record, and whereof in the same Court before us in the upper Bench at Westminster it is considered, that the said G.H. should have his Execution against the said A. B. and C.D. of the Debt and Damages aforesaid, according to the force, form, an effect of the Recognizance by them the said A. B and C.D. for the said E.F. in the Court before us in the upper Bench at Westminster, to the said G.H. acknowledged, whereof the said A.B. and C.D. are convicted, as it doth likewise as to us upon Record. And the said Sheriff of Middlesex, at that day returned to us, that the said A.B. and C.D. are not found in his Bailiwick; whereupon on the behalf of the said G.H. in the same Court before us in the upper Bench at Westminster, it is sufficiently testified that the said A.B. and C.D. do lurk and sculk in the City of London, therefore we command you that you take them, if they shall be found in your Bailiwick, and them safely keep, so that you have their Bodies before us in the upper Bench at Westminster, on Thursday next after, etc. To satisfy the said G.H. of the Debt and Damages aforesaid. And then you have here this Writ; witness H. Roll at Westminster, etc. A Supersedeas upon a ca sa. for Manucaptors. THe Keepers, etc. to the Sheriff of London greeting, whereas by our Writ we have lately commanded you that you should take A.B. and C.D. if they had been found in your Bailiwick: And them safely keep, so that you should have their Bodies before us in the upper Bench at West. on Thursday next after, etc. to satisfy G.H. of thirteen pounds of Debt, and also of one and twenty shillings for his Damages which he sustained, as well by occasion of detaining of that Debt, as for his Costs and Charges by him about his Suit in that behalf expended, whereof the said E.F. is convicted, as it doth appear to us of Record: And whereupon in the same Court before us, it is considered, that the said G. H. should have his execution against the said A.B. and C.D. of the Debt and Damages aforesaid, according to the force, form, and effect of the recognizance, by them the said A.B. and C.D. for the said E.F. in the Court before us in the upper Bench at Westminster, to the said G.H. acknowledged, and because the said G.H. in the Court before us in the upper Bench at Westminster comes and acknowledges himself to be satisfied of the Debt and Damages aforesaid, therefore we command you that you for ever supersede from further taking, imprisoning, detaining, attaching, or them the said A. B. and C.D. or either of them in any thing molesting; and if you take them or either of them for that cause (and no other) then without delay at your peril you cause to be delivered, them and either of them from your Prison and Custody (if they or either of them is, or are detained for that cause and no other) and suffer them to go at liberty; witness H. Roll at Westminster, etc. THE TABLE. Acceptance. WHere a Lease is voidable, acceptance of rent makes that good, otherwise where it is void, fol. 320. Action upon the Case. For what slanderous words it lieth, and for what not fol. 339. It lieth for selling corrupt Wine, without warranting that. fol. 342. Hath tasted the Wine and accepteth that for good, is a Barr. fol. 342. Where warranty for that, see where it lieth, and where not. fol. 342. For making deceit it lieth. fol. 343. It lieth where one will not deliver the Pawn upon the Money tendered. fol. 344. The tenant shall have that against the Landlord, for not paying Quit rend. fol. 345, It lieth where there is delivery, and not Trespass, Vi & armis, and where one or the other lieth. fol. 345. It lieth for misusing licence in Deed, and Trespass for misusing licence in Law. fol. 346. It lieth for not carefully keeping a fire, and against an Host, and where one's Dog worryeth a Sheep. fol. 346 It lieth for holding a Court in another's Manor, and for disturbing one to hold a Leet, fol. 347. It doth not lie against a Schoolmaster, nor for erecting a Mil, but for waste by tenant at will it lieth, fol. 347 It lieth against a servant for ill looking to Beasts, and negligent keeping them, fol. 347 Or for stopping a way, and for false Dice, and Limepits digged, fol. 348. It lieth against a Sheriff for serving a writ, and not returning it, fol. 348. Where it lieth against executors, and where not, fol. 250 Where it lieth for promise not performed, fol. 351 Where the place is traversable, and where the Common, and where not, fol. 353 Archers, fol. 27. Artificers. fol. 27 Assize. Where it lieth, and where a Mortdancester, fol. 119 What is sufficient seisin to have Assize, and what not, fol. 120 Pleas in Assize by Bailiff, fol. 120 Pleas of the Disseisor, fol. 123 Pleas, that the tenant shall have for the Assize to adjourn, 125. Divers Pleas in Abatement, where they are not contrary, and contrary to the Assize, fol. 127 Where it shall be awarded at large, and where in right of damages, 128. Where the Plaintiff may choose his tenant at his peril, and where not, fol. 131 What is a good title in Assize, and what not, fol. 135 Plea in Barr and abatement, 136. Where he may abridge his plaint, and where not, fol. 138 Where after verdict he cannot abridge, fol. 139 Attornement. Where it ought to be, and where not, fol. 139 Where is good Attornement, and where not, fol. 141 Who is compellable to attorn, and who not, fol. 142 Where he which is not compellable to attorne, attornes, 143. What thing granted by Fine, he shall have without Attornement, fol. 144 Attorney. May make suit in Court Baron, fol. 145 Amerciament. Amerciament in Court Baron and affire, fol. 145. For trespass made to the Lord himself, and affire, fol. 145 Attachment. Who shall be attached, and what shall be forfeited upon that, and what not, 155. The form of making the Precept upon that, fol. 155 Ancient Demesne. In what Actirn this is a good Plea, and in what not, 188. Ancient Demesne is Court Baron, and and see the Fine there, fol. 190 Where it is made Frank fee for a time, and where for ever, 190. It is Socage, and how that shall be tried, 152. The form of pleading of that, and Copyhold of Ancient Demesne, 192. How execution shall be by Writ in Ancient Demesne, and how free they are, fol. 194 Avowry. Upon whrm it shall be made, and upon whom not, fol. 105 Bargain and Contracts. IF the Plaintiff vary from his Contract, where he oweth him nothing is pleaded, in manner and form shall be tried, 355. Where it is for so much as J.S. shall say, or upon condition, or misliking, fol. 356 If the Buyer takes without paying, Debt or trespass lieth, 358. Where one may wage his Law, he cannot traverse the Contract, nor cause, fol. 359 Defondant saith, it was upon condition on another County, and aught to traverse the Count, fol. 360 Defendant may plead that the Plaintiff hath obligation for the same, 361. Where a Lease by Paroll of Right, goods, or contract is good, and where not, 361. The King may give a thing not in being, and not a common person give a right, fol. 361 To marry my Daughter, debt lieth, with my Daughter not, fol. 362 Barr. If he recover in debt upon a contract, he cannot have new debt, 363. The same Law in Trespass. If the Plaintiff were barred in Detinue, he shall not have account, nor Action upon the Case for the same, 363. Barr by a Recovery in another Court, pleaded here, 363. Barr good to common intent, fol. 427 Bar shall be as high as the matter Count fol. 427 Baron and Feme. What Contracts of the wife and servant shall bind the husband, and what not, 364. The husband shall not be charged, though they come to the use of the house, if he hath not notice and agreed, fol. 365 The husband shall be charged for necessary apparel of his wife, and not for supersluous, fol. 365 Servant which hath used to sell pawns, goods, of his Master for Corn, which comes to the use of his Master, good, 366. A servant sent to buy, and the thing bought doth not come to the use of the Master, yet he shall be charged, 366. Servant giveth goods of his Master, the Master shall have trespass, fol. 366 Servant borrows Money in the name of his Master without his commandment, there the Master shall not be charged, 366. He shall have goods and Lease, and if he die, the Lease not altered, it shall remain to the wife, 367. If he marry a woman executrix and dies, the wife shall! have the goods which remain. fol. 367 He shall have an obligation made to the wife before marriage, and if be die, that shall remain to the wife, 367. He shall be charged with a debt of his wife, and if she die not afterward, fol. 368 He shall not have an Obligation made to his wife, before marriage, after her death, fol. 366 By-Laws, What shall bind all, and what not, fol. 89 In Court Baron, and in Town, fol. 89 Chattels. ALL goods and Chattels whatsoever granted, fol. 62 What shall pass by the grant of Chattels, fol. 63 Challenge Jurors. What is principal, and what not, fol. 178 What is good for favour, and what not, fol. 180 Charter of exemption of Juries, fol. 114 Chimneys. Ways. Trees in them, ditch, and bridge making, fol. 66 Making highways by Statutes, fol. 67 Condition. Lease for years upon condition, if he be disturbed he shall have fee: See Obligation, fol. 164 Confirmation. What liberty ought to be confirmed at the change of the King fol. 65 Commons. Where the Lord may improve that, and where not, 180. Appendent and Appurtenant, and admeasurement, 184. With what Beasts it shall be used, fol. 185 Conisance. In what cases that shall not be, fol. 222 Constable. His office and authority, and what he ought te do, fol. 94 Continuance. See in Imparlance afterwards, fol. 392 Conclude in Action. See Pleading afterwards, the order and form how one ought to conclude, fol. 422 Copyhold. It seems he shall not have an Assize before admittance, but he shall have trespass, 157. His estate and interest, what it is, 157. Of base tenure and free is ancient Demesne, 159 Where he enters and dies before admittance, 160 Divers Cases of that, and countermands of surrender, 160 What surrender is good, 161. Lease by licence, and recovery against Lessee, and form of licence, The statute of limitation extends to that, 169. See title Copyhold, 160, Divers Cases there added, 161. As surrender into the hands of two tenants and dyes, Gavell-kinde to the next of the blood, and Borough English, 161. Lord hath more Rent than he ought, fol. 162 Surrender to use, without more, 163. Forfeiture by attaint of copyhold, 161. Admittance in other manner, than was the surrender, 161. Copyhold in tail, time out of mind, and not otherwise, fol. 173. It is in the Saxons time, Folkland, and it is good by continuance, 174. Trespass against the Lord, what forfeiture shall be presented, and what not, fol. 175. Shall have house-boot, plough-boot, and hedg-boot, 176. Fine upon every alteration and admittance, Forfeiture of that by denying Rent, and by Feoffment and livery, 176. May lop trees, Feoffment, and Fine, and other forfeitures, fol. 177. Cordiners, fol. 29. Costs. Where the Plaintiff shall have costs, and where not, fol. 209. Covin. And fraudulent gifts to defeat Executors, fol. 232. Count. Shall be certain, 430. Upon lending and upon buying, 430, 501. Count in an Action upon the Case for slander, fol. 502. Count in Trespass, with walking with his feet, fol. 504 Courtbaron, And Leet, how they are first ordained, fol. 6. And where Suitors hold of the Manor, 7. Is incident to a Manor, 7. The order here gins to keep that, 105. The charge in this here gins, fol. 107. What actions shall be there sued, and what not, 145. Capias shall not be awarded in that, and which is a great Court, 98. In what place it shall be held, 186. What is Courtbaron, and what of Record, 187. The trial in Courtbaron, 187. Foreign matter pleaded there, 187. The entries in Roll of Courtbaron here begin, 186. Entries of surrender and admittances. Form of process of execution. Court of Ancient Demesne, Here that gins, 188. See before Ancient Demesne. Court of Pipowders. Is of Acts and Contracts only within the Fair, fol. 195. Court of the marshalsea, fol. 196. And the authority of that to hold Pleas, fol. 127 Crosse-bows, and Hand-guns, fol. 28. Crownetts, fol. 30. Customs. Customs of divers Manors, 200. It shall be reasonable according to common right, and upon good consideration, 201. What is good, and what not, 204. And who may prescribe, fol. 105. It shall be taken strictly, fol. 209. Damages. FOR taking only, and not for retaining, shall be recovered, 211. In what Actions shall be recovery, and in what not, 211. Damages recovered in Dower, fol. 314, Distress. For amerciament, the Lord may distrain, and for Fine or By-Law broken, shall have debt, or Distre 〈…〉 What thing may be distrained, and what not, fol. 87. Descent. Where one shall be said in by descent, and where by purchase, 212. A woman being young with child, enters, and see great with child, and who is Bastard, 213. What is a possession in fee to be an impediment to the half blood, 214. Descent, and where it shall escheat. fol. 214 De son tort Demesne. Where one may plead that, and where not, etc. fol. 216. Divorce. If they have in Frank Marriage, and are divorced, the wife shall have all, and if tail, they have a freehold by Divorce, fol. 310 Double Plea. See there what is a double Plea, and what not, fol. 441 Droit. Who hath more right, and how it shall be directed, 151. where after the Mice joined, judgement final shall be given, 151. Recovery in right, etc. fol. 496 Dower. By attainder of tenant in tail, where it shall be forfeited, and where not, 303. Third part shall be assigned to Eloppement, 314. It shall not be of a reversion for life, though his fee is joined to the freehold, 317. Nor it shall not be during the time of the husband being in Religion, nor where be is jointly seized, 316. Where a villain takes a wife it shall be, under nine years it shall not be, fol. 315 Where a Lord enters for Mortmain, or recovers in Cessavit, the wife shall be, 317. where the husband hath an estate in fee upon condition, she shall be, 317. where the heir is remitted, she shall not be, 317. where the husband loses by default, or reddition, she shall be, fol. 318 Assignment by Guardian in Knight's service by Disseisor, Abator, or Intruder, good, 317. Assignment by Guardian in Socage, shall not be Rent assign to the wife, Rec. and yet assign, 317. Where the husband dies seized, and she demands, and he was not ready, the wife shall recover damages, fol. 318. Entendment. What is good by Entendment, and what not, fol. 443 Enquest. In Leet if twelve agree, it is good, and a stranger may be sworn, 13. In Court Baron by less than twelve for the Lord, 13. In Leet it shall be by twelve at the least, and see issue tried in Court bar●● fol. 〈◊〉 Misdemeanour in drink, or taking a writing, fol. 225 Estray. After the year and day, and Proclamation made in the Church and Markets, fol. 79 Escheat. Where it ought, and where it shall descend, fol. 216 Where land ought. fol. 217 Essoine. After Issue but one Essoine, 368. Where at two Venire fac. Habeas corpora, and distress, it shall be, and where not, 372. Action against three, every one shall make Essoine severally and not after, but, etc. 373. Of the King's service cast in at the Distringas Jurat. 374. After appearance the T●nant shall not be in Assize, 375. Of the service of the King the Essoine, Sworn and he ought to bring in his warrant and shall lose 20 s. fol. 380 Exception of that entered, and day of essoign, fol. 280 It doth not lie for acorporation in the Scire fac. fol. 381 Where it lieth upon a re-summons, and re-attachment, and where not, fol. 361. Evidence. Upon general Issue, that he had no such cause of action or no cause of action, good. 234. That he hath interest, and an Estate good. 235. Upon general Issue, he shall not have Evidence of another thing, or contrary. 236. Where the Evidence proves the substance of the Issue, it is good. 239. Exhortation to the Inquest. Exhortation, & the cause that they are sworn. 13. Execution. What shall be, and what in Court Baron, and Capias is not there. 227. Upon a Recognizance and Statutes. 231. Of Goods, that he shall have Day of the Execution awarded, of Land, that hath Day of the Judgement. 230. Four manner of Executions, and Debt after the year. 232 Fealty. SHall be at the first Court and Attornement. 140 Form of making Fealty. 92 Who shall make that, and who not. 259 Felonies. If Indictors of a Felon utter the Counsel of their Companions, See divers manners of Felonies there. 48 Forfeitures. The King hath Year, Day, and Waste, and the Lord and Escheats. 54. Of Goods only, and where not by Attainder. 55. Of Lands, Day of the Felony, and Goods, Day of the Judgement. 57 And when Officer may seize. 58 Formedon. To a Gift first made it is not extended, and Assize by Tenant in Tail, where it lieth, and where not. 247 Shall make a Descent by all which tender Estate, and the heir to every one is to sue. 248. In Reverter and Discender, Esplees is of the Donor and Donee, in the Remainder in the Donee only. 249 Gage Law. Trial in Court Baron is by waging Law, and by Assent, by the Country. 384. Where he shall have that in Account, and where not. 384, 385, 386. Detinue of Write, and Obligation where he shall have his Law, and where not. 385. Upon Arbitrement, and Money awarded, shall have his Law, and not upon Statute. 385. Debt for Salary, for what he shall have it, and for what not. 385. He may, where the Plaintiff fails in the Contract. 185. He shall have it, not showing a Deed, witnessing the Contract or Receipt. 388. Debt for Counsel he may have, but not for Amercement in Leet. 387. Where he shall save his defaule upon the Grandd Cape, by waging of Law, and where by Imprisonment and certain Water. 390 Garde. Who shall be in Ward, and who not. 250. Where part is in chief, the King shall have all, and where part Socage not all. 254. Guardian cannot at this day out the Termor. 256 Guardians of Churches. Shall have Account against the old Wardens, and Trespass of Goods taken. 382. Shall have Indictment, Appeal of Robbery, and are a Corporation for Chattels. 383. Church-yard and Church, of them seems are in the Parson. 383. Church-yard and Church not enclosed shall be for that Complaint to the Ordinary. 383 Grant of the King. See misrecital, false consideration, and false surmise. 60. What is good, and what not, where the King is deceived. 61 General Issue. In what Actions he shall have it, and what it is. 446 Hares. TRacing of hares. 309 Hawkers and Hunters. What is lawful, and what not. 115 Hariot. Custom is of every Estate aliened, and Death. 262. Service is properly by reason of Tenure and of every Descent. 262. Custom esloigned, the Lord shall have Detinue, and distrain for hariot service. 263. Lord, where he may seize, and where not, and always for hariot custom seize. 263. Of Copyholder Surrender in extremes, or aver. 265. Hats and Caps. 35. Highways 34. Hemp. 35. Homage. 259. It shall be made to him that hath Inheritance, and who shall make it. 259. Horses. 37 Hue and cry. 33 Inmates. WHo are, and who not, and who shall not have Common. 90 Incidents. What they are, and what Incidents may be severed, and what not. 70 Justice. Justice should be made to every one. 5. Justice should be ministered. 5. And Letters to Justices, 5. Judge. Steward in Leet, and justices of Peace, are judges of Record. 81. judge in Leet and Court Baron, and how there. 82 Imparlance. Imparlance, and day given, 394. Imparlance general and special, 394. Pleas after Imparlance and last continuance, 395. He shall have Plea, which proves a writ abated, or Bar, 398. Pleas after the last continuance, and day in Bench, 399 After Issue, matter for last continuance, 399 Leet. THE precept to warn that, and the order to hold that, 11. & 12. It is ordained to be held twice in the year, Scilicet, within, etc. 14 The authority of that enlarged, by 18 Ed. 2. etc. 13. The charge here gins in that, 15. The Breviate of the Change gins; 40. Cases argued and agreed to be inquirable there, 42. Presentment there which toucheth freehold, traversable, and otherwise not, 24. Things there not presented, shall be presented in Torn, and if not in Eyre, and if not in the King's bench, 84. It shall be held within a month, unless by prescription and place, 88 Form of entering the presentment there, 88 The Steward there is Judge of Record, 83. Record and his authority there. Liberties. What the Lord shall have by Charter, and what he shall have by prescription, 59 Not using and misusing of that is a cause of seizure, 58 Livery and Seisin, 267 Delivering the Deed within the view in name of Seisin, 268. Where give and grant is confirmed, and good without Livery, 269. Two enfeoffed and Livery to one, 270. Lex. Law. Law is ordained to the King for Government, 4 The necessity of that, and of charity, 4 Manor. How that began, 7 Material. What in pleading, and what not, 456 Maintenance. Not by Letters nor otherwise, 460 To embrace jurors, and suborn Witnesses is. 400. To say, he will maeintain and doth not, is no maintenance, but to say, that he will spend 20. l. etc. is. 400. To give money before Suit, and covenant to have part of an Obligation, for travelling with a stranger born, is not. 401. Where he hath an Obligation delivered for his Debt or Interest, as Reversion or Remainder, may. 401. Servant arrested, Master may give of his wages, and lend him money. 402. It is said, that one learned, may be of Counsel without Fee, and give Evidence for his Fee, but not labour the Iury. 404, 406. Who may pray a learned man to be of Counsel with one, and who not. 404. The Father may, his Son, Cousin and Kindred, in action real and poor, but not promise to a juror. 402. For Burials in Churchyard all Inhabitants may. 405 Manucaptor cannot retain Counsel, and do nothing but see him appear. 402 What an Attorney may do, and maintain. 404 Modo & forma. Where it is material, and where not. 460 Mortmain. What is Mortmain, and what not. 36, 75, 273 Mortdancester. Issue upon one point shall not inquire of more. 271 Resummons and Process upon that. 272. Where that lieth, and where not, and where it is devisable. 273. Musters. Non-tenure. IN what action it shall be pleaded, and non-tenure of parcel is not abatement for all. 276 Nuper obiit. Where it lieth between Sisters of half blood. 277 Negativa preignans. Where Issue shall be of that, and where ntt. 462 Obligations. How the Conditions of them shall be pleaded. 464 Office. Grant to one which doth not know to execute, void, and where to two, 282. Assignee and Deputy, and where misusing is Forfeiture, 282 Officer. How he ought to demean himself in executing Process, 278. Executing erroneous Process, he excuses, and where it is out of their Jurisdiction, and where not, 279. Arrest in a Church, and Bailiff errand without warrant, 279 Plaints. IN Assize, 137 Of Mortdancester and Barr, Of entry in the per and cui, and Praecipe of Summons. In Formedon, Praecipe of Summons and the Count 8 Plead. Issue shall not be, if he abated, or not, 422 Issue shall not be upon Affirmative and Negative, 423 Diversity between pleading in Trespass and Assize, 424 Bar good to common intent and (First Face) good, 426 Bar shall be as high as the matter which is counted, 427 Where the Defendants confess and avoids, he need not traverse, and where he ought, 431 Detinue or Trespass, the Defendant saith, that they were delivered in pawn, or by Replegiare, and good without Traverse, 431 Where the Defendant justifies in special manner, he ought to traverse, 432 Count and Barr good by intendment, 445 Where the place shall be showed certain, and where not, 447 Plea incertain for the year and day, and what not, 449 A thing issuable ought to be showed certain, 449 What is material pleading, and what not, 456 Pleading by name and grant, and Evidence by name, 457 In plead where he shall say, that is the same, 418 Where the Defendant shall say, that it is the same Trespass, or the same Imprisonment, or the same maintenance, 471 Conclude in pleading. Where the Defendant shall say, Judgement if the Plaintiff shall be answered, and where judgement of the Writ, and where to the jurisdiction, and were which so, &c, 433 Order and form, how one ought to conclude, 433. Where to the Bar there shall be Replication, the Defendant ought to conclude, and this he is ready, etc. 433 Where the Defendant pleads to the Issue, he ought to conclude, and of this he puts himself, etc. 444 Where the Defendant pleads to the Issue, and of this he desireth that, etc. 434 Where the Defendant pleads general Issue, he ought not to conclude, and this he is ready, etc. 434 Plead of his own wrong without such cause. Where of his own wrong the Plaintiff shall say, and where not, 436 Where the Defendant conveys from the Plaintiff, or pleads special matter, this shall be answered, and of his own wrong, etc. it is no plea, 437 Where the Defendant justifies as Constable, Sheriff, or by warrant of the Sheriff, or by the King's Patent, of his own Wrong, is no plea. 430 Where as Servant or Bailiff of the Sheriff by his commandment, in aiding a Constable or Bailiff, of his own wrong, is good. 439 Pleas after View. See what Pleas he shall have. 426 He may plead ancient Demesne, matter apparent, Joint-tenancy, and non-tenure, 420 Farmedon, that be doth not omit any degrees, nor no such Town, nor to the Jurisdiction. 421 Of what Praecipe, and Plaint in this nature. 149 Precedents, etc. 467 Prescription. Who may prescribe and who not, 204. Town Inhabitants and Officers, 205. Of Rena and of another thing without Deed, 207 Presentment. What traversable and what not, 84. Prerogative of the King. What the King shall have without Office found, and what not, 221. Where part in chief of the King the Seignory of another suspended but to the distress, 261. Pound open, Pounds and for dead Chattels 71 What is open and what other, and where cattles die in pound, 71 Distress taken unlawfully and pound unlocked, 284. Who shall have Parco fracto and poundage for entire distress 4 d. 285. Proclamation. Where there shall be three, and where but one. 11. Process. In Courtbaron. 152 Grand Cape in Dower and Praecipe of that, 505. Between Petty Cape and the Petty Cape, 505 Precept of summons in a Plea of Land, 506. Precept of Summons in Assize of Mordancester, 506 Habere facias sesinam upon a recovery by default, 506. Attachment and form of that, 155. Process of Execution, 283 Recoveries. IN Courtbaron in ature of a Right Patent. Common recovery in Entry in the Post, 497. Replication. Where the Bar is vicious, is made good by replication, and where not and Jeofailes, 474. Rescous. It cannot be brought if the Lord distrain within his Fee, and not out, but if one distrain doing Damages or not, where out of his Fee he may, 72 Relief. Shall be paid at full age, if he were not in ward, and for Socage forthwith if he pass fourteen years, 286. Part of the King yet the other Lord shall not lose Relief, and two releifs by one, and Tenant dies before notice, 286 Where he is in by descent he shall pay, and where by purchase, and Fee farm not, 287. where Devise, and where a hundred shillings and a hundred Marks, and grand serieanty, 288. Corporation shall not pay that, unless by prescription, 290. Resiants And Suitors to a Leet Who are, 65. Riots. Routs, unlawful assemblies and forcible entries, 36. and 37. Roy. Ordained of God for Government. The King is always of full age, 2. To disobey the King or Law is iniquity, 5. and 6. He is the Lord of narrow Seas, 45. He ought to scour the Sea of Pirates, 45. He ought to defend Banks and Sewers of the Sea, 46. Roigne. The wife of the King differs from another married wife, 2. Assurance of her power 39 Steward. ANd his Authority in Leet, and that he is a Judge of Record. 81 & 82 He may amerce any of his own head without cause. 154 Seisin. Of what thing it sufficeth to have Ward, Ass. Advow, and what not. 287 Serement or Oath of Officers. Of the Reve, Bailiff, and Heyward, etc. 91 Desiners, Affirors, Aletasters, and Constables. 92 Several Tenancy. In what Action it may be pleaded, and where he ought to maintain his Writ, without that, etc. 476 Servant. See before Husband and Wife. 364 Statutes. How it shall be expounded and taken by intendment. Suit of Court. Suit by Charter or Prescription. 291 Coparceners, and Joint-tenants. 291 Suit by Coparceners of the King. 292 By Attorney, and not by Tenant in Dower. 293 Tenant in Fee. Lease for years upon condition, if he disturb he shall have Fee. 296 Where the Fee in expectance, and where executed. 298 See 149. b. and by devise 298 Where the Remainder is upon limitation and upon condition. 298 Tenant in Tail. What is an Estate Tail and what not. 301 Lease by tenant in tail, 302. Taile and forfeiture by attainder, 303. Tenant in tail, reversion in the King, and rec. Fine with Proclamation, 355. He charged where he is bound in a Statute or Recognisance, and dyeth, 355. What is discontinuance of it, and what not, 355. What recovery, the Issue in tail may falsify, and what not, 307. Where a double Voucher, and where a single is to bar, 308 What debt due to the King shall bind the Issue in tail, 308. Recovery against tenant in tail, where the reversion is in the King, the Issue is not bound, by 34 H. 8. 308 Tenant in Frankmarriage. After marriage as before, 310. With a woman that is not cousin, it is no Frankmarriage, 310 After they are divorced, the woman shall have all, and where in Tail, a , 310 Tenant after possibility of Issue extinct. Shall not have aid, nor waste, and waste doth not lie against him. 312 Is not compellable to attorn, and if he alien, he in Reversion may enter. 312 Tenant by the courtesy. Where he hath Issue a Daughter that shall not inherit, yet he shall be, and where a woman hath possession in Deed and where not, 312. 313. A woman attaint, the Husband shall be where he is born alive, and doth not cry he shall be, 313 Tenant in Dower. See before Dower. 314. Tenant for life What is an Estate for life and what not, 320. Tenant for years. Where the Husband lets dies, and where a Parson, Prebendary, or Tenant in Dower and dies, 320. 321. Where Tenant is and dies without Issue, and where Barr, 321. Lease for life, and forthwith another for years, Bishop only and where he and the Chapter, 323. He grants so much as shall be behind the time of his death not good. 303 Tenant at will. He lets for years this is a Disseisin. 324 Release to him is good, he need not attorn Lessor dies, 324 Makes waste it seems action upon the case lies. 324 He shall House-boot, and debt lieth for his Rent, 325 Tenant at sufferance. Who is and what Acts he may do and what not, 325. Tenors. In chief is merely of the King as of his Crown, 406. Of the King as of an Honour, Castle, Manor are not in chief 406. To be held of the Duchy of Corn wail, Castle of Dover, of the Honour of Barkhamstead are Tenors in chief, 409. Of the King in Burgages is Socage, 407, To hold of us by Fealty and two pence is Socage in chief, 409. But where it is of us of the Manor of E. by Fealty and 2d. it is not Socage in chief, 409. Grand serianty and petty serianty, 409. Rend held of the King, 409. Of what Tenure the King shall have the first Seisin, 409 Advowson, Fishing, Mesnalty, lies in Tenure, 411, Where he shall hold for that part, 413. The whole thing, etc. 412. Rents of Monasteries gone and not of Chantryes, 414 Office found for the King and omit Rend, Coppiholder, Common, etc. and of what ignrvant, 415. Trespass. It doth not lie where he hath Goods by delivery, if it be not a Servant without Master, 324. Assaults and Affraies 74. Traverse. Which is but a supposal, and what matter in deed traversable, 477. where the Defendant justifies at another day, and aught to traverse before and after and where one only, 480. Of the County and Town where it is local, and in another Town in the same County. 482 where the Defendant justifies in trespass transitory in another County he ought to traverse the County, 484. Trespass transitory Defendant may justify in the same County in another Town without traverse 484. Treasons. Small Treasons what they are, 47. Treasure trove. In the Land and in the Sea,. 78. Trial. See Court Baron, 225. Waste. BY Guardian in Socage, Tenant by Elegit and the remedy 339. A woman Termor takes a husband which makes waste and dies, the wife shall be charged, otherwise it is of a Lease to them, 336. Against whom it shall be brought, and against whom not, and where the Statnte shall he rehearsed, 336. 337. Where the Plaintiff shall say, by demise or by gift by will 337. where he shall recover all or but the place wasted, and what a Guardian shall lose 337. 338. what is good Bar in waist, 338. It seems it doth not lie against Tenant by Elegit, but Account, but against a Guardian in Socage. See, 339. Suffer Land to overgrow with thorns is not, but to drowned, which is clay, or Meadow made Arable, it seems is 330. Falling by tempest, where it was uncovered, at the time of the Lease, by Enemy's ali●n is not, 331. To suffer a house to be uncovered, that the great timber rots. 331 Where a Furnace ●ixed, and where not, 331 Repair before writ, is no ●●ste, 331 He may cut Trees to repair, where it is ●●●ayed, and Keynes cut down, and dead wood, 332 ●utting those which have used to be cut within these twenty or sixteen years, is not, 333 Cutting Willows within view, Hasels under great Trees, barking underwoods, is, 332 Cutting wrong-lands, See cutting Keines, 333 To eat the Springs, cutting green wood where there is dead, and white-thorn is. 333 For what one shall be punished, and for what not. 332 Where it shall be, (which he holdeth) and where which he did hold. 335 Waters. Fishing in the Sea, and the Sea flows, and reflowes. 46 Common fishing. 45 Frank fishing. 46 Several fishing, and frank fishing. 46 Waive. If the Owner make fresh Suit, and brings Appeal, and now upon Indictment. 80 Watch. Of time, and what persons. 97 wines. 39 Wreck of the Sea. He may have that by prescription. 24 See fresh victuals. 24 what is wreck and what not. 24 Villainage. How that begun, and villain Executor, and where sale before seizure, 326. Where he is enfranchised for a time, and where for ever, 327. Lord or villain is Plaintiff makes Attorney, or sues Recordare, is not enfranchised, 328. Perquesite, how the Less. and how the person shall have, 328. Lord and Villain vouch or Imparle, or is made Knight, it is an enfranchisement, and to be of a Jury is enfranchisement, 328. Enfeoff his Villain, makes obligation, Lease is, 328. See Surrender. View. Where the first writ abates, he shall have in the second, and where not, 417. Where she is outed in Dower, and where not, 417. See Dum fuit infra aetatem, and Non compos mentis, 518. In Assize Attaint, Quod ei deforceat, Entry in the Quibus, he shall not have, 418. In Assize of Nuisance, Curia claudenda, Cum in vita, Quod permittat, Admeasurement he shall have, 419. In Assize of an Office he shall have, 420. Unques priest If he saith yet ready, he ought to tender to the Court; or to say that it is so heavy, that he cannot bring it with him, 485 Dower, where the Tenant is essoyned, he is not estopped to say yet ready, 486 Debt, at the Distringas if he cometh, he is not estopped, otherwise it is in Annuity, 485, 486 After Imparlance he shall not say, yet ready, 486 Where he shall say, Ready at the place, 486 Where it is collateral, he shall not say, yet ready, but that he tendered at the place, 48, 76, 487 Where it is of a thing within, he shall say, yet ready, and without not. 487 THE TABLE TO THE RETURN of Writs. A. ACcedas ad Curiam, fol. 510. Account, 517. Adigas ad curiam, 511. Adjournment, 546. Allocat. Com. 526. Amendment, 558. Appearance, 558. Appeal, 513. Assize nonet disseisin, 534. Pro some. Ass. 643. Attachment, 513. 558. Attaint, 530. Authority of the Sheriff, 557. Averment, 559. 557. Averra elongata, 523. Averra elongata, sur 2 deliverance 523. C. Capias in Debt or Trespass, 513. 519. Capias utlagatnm, 518. Capias in manus, etc. 553. Ca●as tam Corpus quam terram, 552. Cepi corpus, 515. Cepi corpus out of the Exchequer, 552. Certiorare, 550. Certiorare sur protection, 546 Certiorare by the Coroners, 550. Certificate of the Mayor of the Cities, 552. Certificate of the security of the peace, 551. Cessavit perbiennium, 551. Clericus non habens Laicnm feodum, 562. Commission, 551. Condition upon Replevin, 524. Counterfeit money, 517 Corpus cum causa, & habeas corpora, and many returns upon that, 517. For defect come. 526. For defect of Coroners, 5.26. for election of Coroners, 549. Panel de circumstantibus. 531. D. Decies tantum, 551. Dedimus potestatem, 551. Deliberatis Sesines 541. 540. Deliverance in County, 523. Det ubi pars nibil habet, 521. Distress, 531. Distringas Juratores, 532. Distringas vers. Clericum, 532. Distringas vers. Executores, 532. Distringas post pone, 531. Exitus in Scaccario sur Distringas 554. Dower, 535. E. Ejectione firma, 513. Elegit. 540. Electio Coronatorum, 549 Electio militum Parl. Electio Burgensium Parl. 545. Electio Viridarii, 563. Inquest, 563. Inquire of damages, 563. Scire facias vers. Executores, 556. Distring as vers. Executores, 536. Excommengement, 516. Exigen, and divers returns upon that, 525. Exitus, 529. Exitus, sur Distringas, 529. Extent 540. F. Falso judicio, 512. Favor of the Sheriff, 532. False return, 557. Felonies, 517. Feme waviata, 527. Fieri facias, divers times, 537. Som. in Foresta, 549. Viridarius in Foresta, 549. G. Grand Cape, 535. H. Habeas corpus, divers returns of that, 515, 516. Habeas corpus Juratorum in Debt, 530. Habeas corpus in attaint, 530. Aliter in the Chancery, 541. Habere facias Sesinam, 542 Habere facias visum, 524. Homine replegiando, 524. Plaint in Court Hundred, 511. I. Incertain, and where not, 595. K. Kalendarum pro Sess. 544. L. Languidus, sur Capias, 515. Languidus sur red. se sur exigent. 528. Languidus sur Felony, 515. Latitat. 514. Levare facias, 539. Liberty, 514. London, 567. M. Mandavi Bailivo Libertatis, 514. Pro ordine militis recipiend. 546. Pro summum militum Parliamenti, 545. pro electione militum Parliamenti, 545. Mortui sunt, 527. 568. S. Mort. sur Exigent, 514. Murder, 517. N. Ne exeat Regnum, 548. Nihil, 539. 540. 552, Non omittas 556 Nomme deal Viscount, 556. Nullus vemt pro querente, 571. O. Ordinum militum recipiend., 546. Original in Debt or Trespass, 512. 513. P. Panel, 530. 531. Partitione facienda, Pa●l. 543. Part serve pe●le Viscount, 571. Pledges, 571. Pluries' Repleg. 524. Pone sue Repleg. 598. Pone in Debt o● Trespass, 509. Posse comitatus, 572. Praecipe second deliverance, 523. Praemunire, 548. Proclamation sur exigent, 525. Proclamation pro Regina, 546. Certiorare sur protection. Q. Quare impedit, 572. Quis est tenens, 554. Quo warrant. 551. Quo jure 537. R. Re, fa, lo. 509. Recordo deliberando, 572. Reddidit se sur exigent, 527. Regula, 518. Replegiare, 522. Rescous, 520. Reseisure, 523. 575. Restitutio sur Fieri facias, 539. Returno habendo. 522. S. Sanctuary, 514. Scire facias, Mults, Returns de cer. 336 556. 573. Second deliverance, 523. Certificate securitatis pacis 533. Seisin, 541. Special Return, 575. Supersedeas sur capias, 515. Supersedeas post cepi corpus, 515. Supersedeas sur Exigent, 527. Supersedeas sur Fieri facias, 539. Supplicavit 558. 547. Sum Militis, 536. Sum. Ass. 43. Sum. sessions, 544. Sum in Foresta, 549. Sum. in terra petita, 73 Tales de circumstantibus, 531. Tarde sur Distringas, 53● Tarde sur Distringas Juratores, 532. Tarde sur capias, 53● Test. nuper Vicecom. 550. Testatum, 525. Treason, 518. Tre● pass 516. 536 V Venditioni exponend. 555. Venire facias. 529. 554. Venin facias, hor. de Exchequer in office of the Coroner, 554. Viscount, 577. View, 541. Viridario eligendo 549. Visnet. 576. Utlag. so exigent, 518. 529 W. West, 542. 575. Withernam, 525 FINIS.