<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2009-11-15</DATE>
<RESPSTMT>
<NAME>Alexis Jakobson</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>*Proofed title page(s).
*Reviewed structure.
*Checked division-marking material at heads and feet of divisions (HEADS,  CLOSER, OPENER, ARGUMENT, EPIGRAPH, SIGNED, BYLINE, etc.).  
*Added TYPEs to DIVs in order to validate. 
*Checked for N=""s. 
*Checked ^s. 
*Checked placement and completeness of PBs. 
*Checked for foreign, damage and missing-page GAPs, #, --.  
*Checked for LBs, startqs / endqs, q;s, &abque;s, ABBRs and Qs. 
*Checked for FIGUREs and decorated initials.
*Checked proofsheets and made corrections found there.  
*Corrected <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">s and <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word">s etc. 
*Converted <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">s to GAP DESC="illegible" RESP="[vendor name]".
*Revalidated. </ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="A87798">
<STC T="W">K656</STC>
<STC T="T">E1225_1</STC>
<BIBNO T="umi">99869796</BIBNO>
<VID>122180</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1">
<PB REF="1" MS="y">
<P>JURISDICTIONS: OR, THE LAWFUL AUTHORITY OF Courts Leet, Courts Baron, Court of Mar|&s;hall&s;eys, Court of Pypowder, and Ancient Deme&s;ne: TOGETHER WITH THE MOST NECESSARY Learning of Tenures, and all their Incidents, of E&s;&s;oynes, Imparlance, View; of all manner of Pleadings, of Contracts, of the nature of all &s;orts of Actions, of Maintenance; of diver&s;e other things, very profitable for all Students of Innes of Court and Chancery: And a mo&s;t perfect Directory for all Stewards of any the &s;ayd Courts.</P>
<P><HI>Heretofore writ in French by the methodically learn|ed,</HI> JOHN KITCHIN <HI>of</HI> Grays-Inne, <ABBR><HI>E&s;q</HI></ABBR></P>
<P>And now mo&s;t exactly rendred to more am|ple advantage in the <HI>Engli&s;h</HI> tongue; with a demon&s;trative Table, pointing out all matter of con&s;equence, throughout the whole Work.</P>
<P><HI>Whereunto is added the authentick formes of all manner of Writs, with their &s;everall returnes in</HI> Engli&s;h, <HI>very u&s;efull for all men in this</HI> Common-wealth, <HI>as they be now u&s;ed.</HI></P>
<P><HI>LONDON,</HI> Printed by <HI>T: Roycroft,</HI> for <HI>M: Walbancke</HI> at Grays-Inne Gate, and <HI>H: Twyford,</HI> in Vine Court in the Middle Temple, 1651.</P>
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="2">
<PB REF="2">
<HEAD>TO The Students of the Innes of COURT, AND CHANCERY: <HI>JOHN KITCHIN</HI> wi&s;heth happine&s;&s;e.</HEAD>
<P>TO the end no failer in the admini&s;tration of Lawes, from which the Common-Wealth receives its e&s;tabli&s;h|ment, may through ignorance be admitted, as much as my abilities have prompted me unto, for direction of &s;uch as keep Courts, I have here preferred at once, both to profit and cen&s;ure, both which I &s;hall as ju&s;tly expect, as that I am confident, my indeavours are neither fruitle&s;&s;e nor free from Errings; having neither been indu&s;triou&s;ly idle, nor ble&s;&s;ed with infalibility; yet &s;uch as they are, I mo&s;t &s;eriou&s;ly wi&s;h them to your advantage, who are many of you imployed in the keeping of Court Leets, Court Barons, and other Courts, and Juri&s;di|ctions.</P>
<P><PB REF="3">And therefore I have here in this Book collected all &s;uch ca|&s;es out of our Books of Law, under &s;uch generall heads and no|tions, which are upon any occa&s;ion to be di&s;cu&s;sed, &s;o that tho&s;e, who either have not the &s;aid Books at large, or have them, and yet want time to peru&s;e them, may here for &s;weatle&s;&s;e labour re|ceive &s;atisfaction in exchange, whereupon I have fixt my hopes, that ignorance the naturall Mother of Errour (which hath &s;o much fo&s;tered it &s;elfe, in tho&s;e imployments, into which many <HI>Ignaro's</HI> have thru&s;t them&s;elves, with ignorance and confidence of equall &s;ize) will lo&s;e its no-being in Judiciall performances; and that the knowledge of the Law in this kinde, may prove im|pul&s;ive to the Love of Ju&s;tice, which is alwaies the le&s;&s;e re|garded, by how much, Ignorance is her Enemy, <HI>Ignoti nulla Cupido.</HI> For de&s;ire and nothing are the &s;ame, where the under|&s;tanding is not felicitated with apprehen&s;ion; which here I teach as far as it is e&s;&s;entiall for any man, <HI>Quatenus,</HI> he is a Steward of Courts, in which duty I wi&s;h him <HI>Jurisprudentiall</HI> for his owne Honour, and the Publique benefit, de&s;iring nothing in re|quitall but your kinde accepctance.</P>
<CLOSER><DATELINE>From GRAYS INNE.</DATELINE></CLOSER>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB N="1" REF="3">
<DIV2 TYPE="preamble">
<HEAD>THE PREAMBLE.</HEAD>
<P>_FIRST,
<MILESTONE N="1"> before I write of the Order of Courts Leets, Courts Barons, you ought to con|&s;ider for what cau&s;e the King was ordained of God.</P>
<P>Secondly,
<MILESTONE N="2"> For what cau&s;e the Law was ordained.</P>
<P>Thirdly, How ancient the&s;e Courts are,
<MILESTONE N="3"> and for what cau&s;es and matters they were ordained; and al&s;o how ne|ce&s;&s;ary it is, that the Law be duely and truely admini&s;tred in the&s;e Courts.</P>
<P>And fir&s;t, <HI>Forte&s;cue,</HI> leafe the 30. &s;aith, As a naturall body cannot be without a head, &s;o a Realme cannot be governed without a head, which is the King: And there he further &s;aith, That when&s;oever of many, one is con|&s;tituted among&s;t them, one &s;hall be Governour, and the re&s;t &s;hall be governed. <HI>Britton,</HI> leafe the 1. &s;aith, The King is ordained of God, that the Peace be kept; the which cannot be well without Law. And <HI>Forte&s;cue</HI> al&s;o &s;aith, All power is of our Lord God. <HI>Bracton</HI> &s;aith al&s;o, That the King is Gods Vicar upon Earth, to &s;eperate right from wrong, Ju&s;tice from Inju&s;tice, that all which are Sub|jects to him &s;hould live hone&s;tly, and none &s;hould hurt another; but that to every man which is his owne by a rightfull contribution &s;hould be given; for he is called King by well Governing.</P>
<P><HI>Stamford,</HI> leafe the fir&s;t, &s;aith, The King is the pre&s;er|ver, nouri&s;her, and Defender of all his people, and that by his great travell, &s;tudy, and labour, his people onely injoy their lives, Lands, and Goods: But all tho&s;e which they have in peace and tranquility, and that by the Law. And as the body of a man cannot live without the head, but will fall downe unto the ground; &s;o the Common|wealth
<PB N="2" REF="4">cannot be governed without a head, which is the King. Al&s;o <HI>Seneca</HI> &s;aith, Where there is not a Governour, there the people will be confounded, <HI>Prov. Chap.</HI> 11. Where there is not a Governour, the people goe to ruine, <HI>Rom. chap.</HI> 13. <HI>There is no power but of God;</HI> and which are the true Powers, are ordained of God.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Per&s;on of the King, and the Queen his Wife.</HEAD>
<P>By the <HI>Commentaries,</HI> leafe the 45. By the 7. of <HI>Edw.</HI> 2.34. The King is a Corporation. See 1 <HI>H.</HI> 7. leafe 10.21 <HI>Edw.</HI> 4. Title Age, it is no Plea that the King is with|in Age, 1 <HI>Edw.</HI> 6. title 373. the King &s;hall have his Age as Duke of <HI>Lanca&s;ter,</HI> and not as King, by the Commenta|ries, leafe 213. See <HI>Stamford</HI> 10. If the King grant a Lord&s;hip to one in Fee, the Grantee &s;hall 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 &s;hall have Prerogative; and though that the Queen is a per&s;on exempt from the King, and may &s;ue and be &s;ued in her owne name; yet that which &s;hee hath is the Kings, 1 H. 7. leafe 29. where a Rever|&s;ion was to the Queen; Ayd &s;hall be of the King by <HI>Town&s;|end,</HI> and by &s;ome of both the Benches. <HI>Stamford,</HI> 75. Pe|tition &s;hall be to the King him&s;elfe onely, and not to the Queen or Prince.</P>
<P>3. H. 7. leafe 14. The Queen is as a common per&s;on, and as a Woman alone, to let for life, and to make per|&s;onall things.</P>
<P>11. H. 7. leafe 7. The King letteth to the Queen for life, and &s;hee lea&s;eth at will: In Tre&s;pas again&s;t the Te|nant at will, he &s;hall not have aide of the King, for he is a &s;tranger to the Patent of the King, 7. H. 7. leafe, 17.</P>
<P>18. <HI>Edw.</HI> 3. leafe the fir&s;t, <HI>Phillip,</HI> the Queen, brought a <HI>Quare impedit,</HI> and held that the Queen may bring a Writ in her owne Name, and &s;hall finde no pledges, and for that it &s;hall not be in the Writ, <HI>Vnde, &amp;c.</HI> 20 <HI>Edw.</HI> 4. leafe 1. <HI>Fitzherbert,</HI> 101.</P>
<P>21. Of the Book of A&s;&s;i&s;es, 13. the &s;ayd <HI>Phillip</HI> brought Deceit of a Fine levyed by Tenants in ancient Deme&s;ne at the Common Law.</P>
<P>19. <HI>Edw.</HI> 4. leafe 2. J. B. granteth to the Queen, the
<PB N="3" REF="4">next Advow&s;on of the Church of <HI>Dale,</HI> and &s;hee alone of that bringeth her <HI>Quare Impedit.</HI></P>
<P>49. <HI>Edw.</HI> 3. leafe 4. The King may give to the Queen for her life, and &s;hee may have an action alone, and &s;o cannot another marryed Wife.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Law.</HEAD>
<P>And for that, that it is nece&s;&s;ary and expedient to &s;hew for what cau&s;es the Lawes were ordained, <HI>Forte&s;cue,</HI> leafe 31. &s;aith, That as by Senews the compact of the body is knit together, &s;o by Law (which of binding is &s;o called) this my&s;ticall body is bound together, and kept in one: And <HI>Plowden,</HI> leafe 9. <HI>b.</HI> &s;aith, The Law is appointed to the King to governe his people, and that by three Lawes, that is to &s;ay, Generall Law, Cu&s;tomes, and Statutes: In <HI>Matth. chap.</HI> 22. it is written, That Chri&s;t &s;ent forth his Servants that they &s;hould call to the Wedding; that is to &s;ay, He &s;ent his Prophets and Preachers, and they would not come; and there it is &s;ayd, That he againe &s;ent out other Servants, &s;aying, <HI>Goe and invite,</HI> and that is intended our Law, which commands, con&s;traines, and bridles us to come to God, and to feare and obey, God and the King, and to keep us in Peace, and to make that every one may hold in peace and tranquility, his Goods, Lands, and lives, and all that we have. <HI>Heraclites</HI> &s;aith, That without Lawes, by no meanes a City can be in &s;afe|ty, but without Walls it may: And <HI>Forte&s;cue,</HI> leafe 10. &s;aith, That thou may&s;t feare God, the Lawes call thee, and in leafe 11. That humane Lawes are no other then Rules, by which Ju&s;tice is taught. The Prophet <HI>David</HI> &s;aith, Where there is no Order, there everla&s;ting hor|ror doth dwell; and without Law there can be no Order; See Saint <HI>Germaine,</HI> leafe 7. &s;aying, Law is ordained for the &s;alvation of the Soule, and for to fulfill the Lawes of God, and to draw the people to flie evill and to doe good; And &s;ee in the Doctor and Student, leafe 8. the &s;ix grounds of the Law.</P>
<P>Fir&s;t,
<MILESTONE N="1"> Our Law is grounded upon common rea&s;on.</P>
<P>Secondly,
<MILESTONE N="2"> Upon the Law of God.</P>
<P>Thirdly,
<MILESTONE N="3"> Upon diver&s;e generall Cu&s;tomes.</P>
<P>Fourthly,
<MILESTONE N="4"> Upon diver&s;e Maxims.</P>
<P><PB N="4" REF="5">Fifthly,
<MILESTONE N="5"> Upon diver&s;e particular Cu&s;tomes.</P>
<P>And &s;ixthly,
<MILESTONE N="6"> Upon diver&s;e Statutes: And for that the Law is more nece&s;&s;ary for Government.</P>
<P><HI>Bracton</HI> &s;aith, The Law maketh the King; let the King therefore attribute unto the Law, that which the Law hath given unto him; that is to &s;ay, Dominion and Power; he is not truely King, where will doth rule and not Law. And <HI>Forte&s;cue, fol.</HI> 8. &s;aith, The Law is a &s;anctified holi|ne&s;&s;e, commanding holy things, and forbidding the con|trary; and likewi&s;e, <HI>fol.</HI> 9. &s;aith, That Lawes made by man, which to this doth receive power of God, and they are likewi&s;e con&s;tituted by God.</P>
<P><HI>Plowden, fol.</HI> 55. <HI>b.</HI> As Subjects of the King are borne and inherite Lands, &s;o to inherite Lawes; &s;o that Lawes being the Inheritance of the People, the Stewards can|not by Letters, or otherwi&s;e, gain&s;ay nor take from the Te|nants the Law.</P>
<P>By the Commentaries, <HI>fol.</HI> 229. Saxon Law was, that the elde&s;t Son &s;hould inherite; and Brittons Law was <HI>Gavelkinde,</HI> as in <HI>Kent</HI> and <HI>North-wales.</HI></P>
<P>By the Commentaries, <HI>fol.</HI> 18. Words of Law may be broken for nece&s;&s;ity, as in the ca&s;e of Revenger, 14. <HI>H.</HI> 7.29.</P>
<P>7. <HI>H.</HI> 7. <HI>fol.</HI> 7. If a Pri&s;oner be in Famine, and hath not &s;u&s;tenance, if he breake Pri&s;on, it &s;eemeth not to be Felony; for the Law of God was ordained to call us, and if we will not come, then our Law, to bridle us &s;harp|ly to come to God; and our Law hath regard to nece&s;&s;ity and charity; and for that, 20. <HI>H.</HI> 7. <HI>fol.</HI> 2. where a mar|ryed Wife is throwne, or &s;truck with a Hor&s;e, or is in &s;ick|ne&s;&s;e, one may a&s;&s;i&s;t her, and give her meat and drink.</P>
<P>20. <HI>H.</HI> 7. One admini&s;ters about a buriall, that is no Admini&s;tration, for it is a work of charity.</P>
<P>Doctor and Student, <HI>fol.</HI> 4. Bea&s;ts have certaine rule given to them by nature, nece&s;&s;ary for their being, but the Law of Nature and Rea&s;on moveth a man to good, and is written in the heart of every man, to move him what is good to be done, and what is to be avoided. The Law of God is given by Revelation, and light of under|&s;tanding, and there the Law of God ordaines man to e|ternall life, and is Law to the happine&s;&s;e of this life; and this Law is to doe as you would be done unto, and this Law will that Ju&s;tice be done to every man, and that no wrong be done.</P>
<P><PB N="5" REF="5">Doctor and Student, <HI>fol.</HI> 2. There are foure manner of Lawes, that is to &s;ay, The eternall Law of nature, and Rea|&s;on, the Law of God, and the Law of Man.</P>
<P>By <HI>Marlebridge,</HI> Chap. 1. it is enacted, That as well the greate&s;t as the &s;malle&s;t, &s;hould have and receive Ju|&s;tice in the Kings Court, and that none of another, re|venges or de&s;tructions &s;hould make by his will, without con&s;ideration of the Kings Court.</P>
<P><HI>We&s;tmin&s;ter</HI> the 1. Chap. 1. Common Right &s;hould be made to all, as well to Poore as to Rich, without regard of any: See <HI>Stamford, fol.</HI> 56. of Ju&s;tice.</P>
<P>2 <HI>Edw.</HI> 3. <HI>cap.</HI> 9. No command, either by the great Seal, or Privy Seale, to di&s;turbe or delay common right. And for &s;o much, the Ju&s;tices &s;hould not forbeare to doe right in any point.</P>
<P>18 <HI>Edw.</HI> 3. The Statute of the Oath of the Judges, is, If any Letters to the Ju&s;tices come contrary to the Law, that you &s;hall doe nothing for &s;uch Letters, but certifie the King of it, and re&s;olve before to execute the Law, notwith&s;tanding tho&s;e Letters.</P>
<P>And to conclude of the&s;e matters, You ought to con|&s;ider, that God created Man, onely to &s;erve him, and created all other creatures in the World, for the &s;ervice and u&s;e of Man; as the Prophet &s;aith, Thou ha&s;t &s;ubje|cted all things under his feet, all Sheep and Oxen, and likewi&s;e the Bea&s;ts of the Feild, Birds of the Aire, and Fi&s;hes of the Sea, which walke through the paths of the Sea; &s;o that all was made for the u&s;e of Man, and yet without Law a man cannot injoy that; and God being mindfull of Man, to &s;erve him as the Prophet &s;aith, <HI>What is Man that thou art mindfull of him, or the Son of Man, that thou ha&s;t regard unto him:</HI> And for that God hath or|dained Kings to governe, and to keep men in obedience, to &s;erve and obey God, the King, and his Lawes, for to di&s;obey is dete&s;table: And <HI>Paul</HI> to the <HI>Romans,</HI> Chap. 13. &s;aith, Every &s;oule is &s;ubject to the higher powers, for there is no power but of God, which powers verily are ordained by God; &s;o that who&s;oever re&s;i&s;teth that power doth re&s;i&s;t the Ordinance of God: And <HI>Peter,</HI> Chap. 2. &s;aith, Be &s;ubject 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 &s;erve
<PB N="6" REF="6">God, and to keep his people in obedience: If you di&s;o|bey the King, you breake that which is commanded con|trary in the Scriptures, and &s;o you di&s;obey God: And you &s;ee that if God had not been mindfull of us, and had not created and ordained the King to governe us (being of fraile nature) and that by Lawes to bridle our fraile nature, none could enjoy his Lands, Goods, nor his life in &s;afety: And for that, that the Law is &s;o nece&s;&s;ary. Now let us &s;ee when, and how, the&s;e Courts Leets, and Court Barons began.</P>
<P><HI>Fineux,</HI> <NOTE PLACE="marg">The begin|ning of the&s;e Courts Leets or|dained.</NOTE> 12. H. 7. <HI>fol.</HI> 18. &s;aith, That at the beginning all the admini&s;tration of Ju&s;tice was in the Crowne, and where the King was, there was the Law admini&s;tred: Then afterward, for the multiplicity of the people, was the Court Leet for puni&s;hment of offences, and annoy|ances to the Common-wealth within the Precinct of that, and the Articles and paines are ordained to that end, and it is called, <HI>The view of franke pledge,</HI> for that the King there may be certified by the view of the Steward, how many people are within every Leet; and al&s;o to have account and view by the Steward, of their good govern|ment and manners in every Leet: And al&s;o the Leet was ordained to have every per&s;on, of the age of twelve years, which had remained there by a yeare and a day, to be &s;worne to be faithfull and loyall to the King; and al&s;o for that, that the people there might be kept in peace and o|bedience, the&s;e Courts Leets were ordained.</P>
<P>And Court-Barons were ordained to determine Inju|ries, <NOTE PLACE="marg">Court-ba|rons or|dained.</NOTE> Tre&s;pa&s;&s;es, Debts, and other actions, as afterwards it appeareth, where the debt or the dammages are under forty &s;hillings: And al&s;o for that, that the Lords of the Mannors and Court-Barons, have given their Tenants their Lands and Tenements, before the Statute of <HI>We&s;tm.</HI> the third, to hold of them, for that al&s;o Homagers of Court ought to inquire in this Court, that their Lords &s;hall not loo&s;e their Services, Cu&s;tomes, nor duties. And al&s;o it was ordained to make their Suites there, and &s;o to &s;hew them obedient to their Lords, and that nothing be made within the Mannor, to be an annoyance or hurtfull to the Inheritances of the Lords of the Mannors, which &s;hould not there be inquired of, and pre&s;ented for the Lords of the Mannors, as afterward. by the Articles more plainely ap|peares.
<PB N="7" REF="6">And &s;o now you &s;ee here breifly, that the Realm cannot be governed without a King; and that the King for that cau&s;e is appointed of God, and that the King go|verne by the Law, <NOTE PLACE="marg">Roy Ley.</NOTE> and cannot governe his people with|out Law; and al&s;o you have heard, how ancient and how nece&s;&s;ary the&s;e two Courts are for governance of the People.</P>
<P>And now for that the&s;e Courts are held within Man|nors, and that a Court-Baron is incident to a Mannor; It is fit to know how Mannors did begin, and within what Mannors Court-Barons are held, and in what not.</P>
<P><HI>Parkins, fol.</HI> 127. &s;aith, That the beginning of Man|nors was when the King gave a thou&s;and Acres of Land, or a greater or le&s;&s;er parcel to one and his heires, to hold of him and his heirs: and before the St. of <HI>Quia emptores terra|rum</HI> (becau&s;e buyers of Land) one &s;ei&s;ed of Lands did in|feoffe one of ten Acres, another of twelve Acres, and the third of twenty Acres, every one of them to make &s;ervice unto him; and &s;o by continuance of time out of minde, <HI>&amp;c.</HI> he had a Mannor. Al&s;o in the 33. yeare of H. 8. <HI>Comprize, &amp;c.</HI> 31. <NOTE PLACE="marg"><HI>Plow. fol.</HI> 169. <HI>a.</HI></NOTE> A man cannot make a Mannor at this day, for notwith&s;tanding, that a gift in taile be made to diver&s;e, 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 Pre&s;cription: And if a Mannor be, and all the Freeholders but one E&s;cheate, <NOTE PLACE="marg">Mannors cannot be without Court Ba|ron.</NOTE> or if the Lord purcha&s;e them, it is no Mannor; and there cannot be a Court-Baron without Sutors, and not with one Suitor onely, 35. H. 8. Tenures, 102. 23. H. 8. Court-Baron, 22. Suit, 17.</P>
<P><HI>Fitzherbert,</HI> 3. <HI>C.</HI> If one hold of another, as of a Sig|niory Ingro&s;&s;e, which is not a Mannor, he hath no Court Baron.</P>
<P><HI>Fitzherbert,</HI> 8. <HI>b.</HI> Where a man giveth all his Land in Taile, there is a Signiorie Ingro&s;&s;e, and he &s;hall have no Court; but if he were &s;ei&s;ed of a Mannor, and give par|cell of the Deme&s;nes in taile, it is otherwi&s;e.</P>
<P>22. H. 6. Title 2. Services is parcell of a Mannor, but not the Land of the Mannor, unle&s;&s;e it be Copihold, for if a man hath a Mannor in the County of <HI>We&s;tmer|land,</HI> and one holdeth Land of that Mannor, which Land is in the County of DARBY, hee &s;hall demand
<PB N="8" REF="7">that Mannor in the Counties of WESTMERLAND, and DARBY.</P>
<P>18. of the Booke of A&s;&s;i&s;es, 3. If a man &s;ei&s;ed of a Mannor, doe alien foure Acres in fee, this is &s;eparated, and no part of the Mannor; but if the Husband &s;ei&s;ed of a Mannor in right of his Wife: alien foure Acres for life, and afterwards grant the Rever&s;ion of that in fee to P. and afterwards P. purcha&s;e the whole Mannor, to which the Husband and Wife levie a Fine, <NOTE PLACE="marg">Sur con|nu&s;ance de Droit.</NOTE> upon acknowledg|ment of Right, as that which he had of their gift. The Fine extendeth to the foure Acres which were &s;evered, for they were parcell in rever&s;ion, as of the Man|nor.</P>
<P>And in the 36. H. 8.4. Two Coparceners make parti|tion of a Mannor, &s;o that each of the&s;e have a parcell in Deme&s;nes, and a parcell in Services: Now each of the&s;e hath a Mannor, and each of the&s;e have two Suitors, but otherwi&s;e it is if one have but one Suitor, he cannot hold a Court-Baron: But 12. H. 4.25. Partition is made of a Mannor, that one Coparcener &s;hall have the Deme&s;nes and the other the Services, the Suit to the Court is &s;u&s;|pended, and during that there &s;hall be no Court-Baron held: And 8. H. 3.4. and 34. H. 6.53. It is held that a Court-Baron is belonging to a Mannor of common right, &s;o that within every Mannor &s;hall be a Court-Baron, un|le&s;&s;e there be no Suitors there, or that by partition the Suit is &s;u&s;pended, as it is before &s;aid: But note that di|ver&s;e are called Mannors, within which are not any that hold of the&s;e Mannors, but only Copiholders at the will of the Lord, according to the Cu&s;tome of the Mannor, and there are no Freeholders which hold by Charter; and yet the&s;e Lord&s;hips are called Mannors, and in the&s;e are Court-Barons, 19. H. 8.17. Court-Baron is belonging to a Mannor.</P>
<P>And now though the honourable Judges of both Ben|ches, and the Honourable Lord cheife Baron, and the other Judges there of Record, at this day are altogether given to admini&s;ter Ju&s;tice to all, without re&s;pect of any Per&s;ons, <NOTE PLACE="marg"><HI>R.</HI> 2. <HI>Maint.</HI> 2.</NOTE> according to the Statute of the 1. of <HI>Edw.</HI> 3. Chap. 14. which is, that right be made as well to poore as rich; and that none &s;end Letters in di&s;turbance of the Common Law; &s;o that prai&s;e be to God, their whole in|clination
<PB N="9" REF="7">to the admini&s;tration of Ju&s;tice, may be a &s;uf|ficient example to all Stewards, to admini&s;ter Ju&s;tice, and not to have regard to Letters: Yet in &s;ome Court-Ba|rons, I have &s;een &s;uch &s;ubverting of Ju&s;tice by Stewards, &s;ome by Ignorance and wilfulne&s;&s;e, and &s;ome Stewards to plea&s;e their Lords, and for feare of loo&s;ing their Fee, being but Stewards at the will of their Lords, and &s;ome for Letters, and other cau&s;es, that Ju&s;tice many times hath not place there, to the perillous example and over|throw of E&s;tate; and for that, that henceforth hereafter Ju&s;tice in the&s;e Courts may be the better admini&s;tred, be|fore that I &s;hall treat of the Courts afore&s;aid, I think it is convenient to write to the Stewards, the&s;e &s;entences in&s;uing, to be a Gla&s;&s;e to Stewards to reade their bet|ter remembrance to admini&s;ter Ju&s;tice, and for that it thus followeth.</P>
<P>Who worketh Ju&s;tice, he &s;hall be advanced. <HI>Eccle&s;.</HI> 20.</P>
<P>Ble&s;&s;ed are they which hunger and thir&s;t for Ju&s;tice, for they &s;hall be &s;atisfied, <HI>Matth.</HI> 16.</P>
<P>Ju&s;tice advanceth a Nation, and it maketh a mi&s;erable people to be pacified, <HI>Prov.</HI> 19.</P>
<P>He that ju&s;tifieth a wicked man, and condemneth the ju&s;t man, he is mo&s;t abominable with God, <HI>Pro.</HI> 17.15. Un|le&s;s your Ju&s;tice abound more then that of the Scribes and Phari&s;ees, you cannot enter into the Kingdome of Heaven, <HI>Matth.</HI> 18. The &s;oules of the Ju&s;t are in the hands of God, <HI>Wi&s;edome.</HI> In the &s;treight path of Ju&s;tice, but the contrary way leadeth to death, <HI>Prov.</HI> 12.</P>
<P>Love God, and thy neighbour as thy &s;elfe, then if you doe not Ju&s;tice, how doe you love him, who is Ju&s;tice and truth, and how doe you love your neighbour as your &s;elfe, <HI>Matth.</HI> 22. Ju&s;tice &s;urely is immortall and everla&s;ting, Inju&s;tice is the wages of death; love Ju&s;tice you that Judge the Earth, <HI>Wi&s;edome</HI> 1.</P>
<P>Riches doe not prevaile in the day of revenge, but Ju|&s;tice &s;hall free from death, <HI>Prov.</HI> 2. God &s;hall give to the Ju&s;t the reward of their labours, <HI>Wi&s;edome</HI> 10.</P>
<P>And if any love Ju&s;tice, his labours have great vertues, &s;obriety and vertue, then which there is nothing more pro|fitable in this life to men, <HI>Wi&s;edome</HI> 1.</P>
<P>Nothing truely can be hone&s;t, which wanteth Ju&s;tice, <HI>Tully</HI> in his Offices.</P>
<P><PB N="10" REF="8">From Ju&s;tice, as out of a certaine Fountaine, all rights doe &s;pring, for a ju&s;t man hath a will to give to every man his owne, <HI>Bracton.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Another Cau&s;e of doing Ju&s;tice.</HEAD>
<P>It is appointed for all men once to dye, and afterwards to come to Ju&s;tice: And as <HI>Athana&s;ius</HI> &s;aith, At who&s;e comming all men &s;hall ri&s;e with their bodies, and &s;hall give a rea&s;on and account of their owne workes, and they that have done good &s;hall goe into life everla&s;ting, but they that have done evill into everla&s;ting fire.</P>
<P><HI>What men have done this pre&s;ent time of life,</HI></P>
<P><HI>Shall reap the Harve&s;t, when Goe and Come is ri&s;e, Rev.</HI> 14.</P>
<P>Ble&s;&s;ed are the dead which dye in the Lord, for their workes follow them.</P>
<P><HI>Corinth.</HI> 1. Chap. 3. Every one &s;hall receive his reward according to his worke.</P>
<P>2 <HI>Corinth.</HI> 4. Who &s;oweth in ble&s;&s;edne&s;&s;e &s;hall reape in ble&s;&s;edne&s;&s;e; if Chri&s;t had not been borne of the Virgin <HI>Mary,</HI> and dyed for us, no man could have come to eter|nall life; therefore beleeve and doe Ju&s;tice, and then &s;hall yee have the afore&s;aid thing promi&s;ed. And note, That though Chri&s;t hath redeemed us, yet if we doe evill, it is written, We &s;hall goe into everla&s;ting fire; and for that, obey and feare to breake the Commandements of God: and then, in doing of Ju&s;tice, you doe the Com|mandement of God, for which you &s;hall have the thing promi&s;ed; that is to &s;ay, Eternall life; for not all which &s;ay unto me, Lord, Lord, &s;hall enter into the Kingdome of Heaven, but tho&s;e that doe the will of the Father, &s;aith Saint <HI>John:</HI> Therefore if you will have eternall life, doe Ju&s;tice, and al&s;o remember that death doth not de|lay, no man knoweth his day; and therefore prepare your life, and doe Ju&s;tice, becau&s;e no man knoweth his end; and as Fi&s;hes are taken with a hook, and Birds taken with a Snare, &s;o the body of a man in the day of evill.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The third Cau&s;e of doing Ju&s;tice is to have a good Report.</HEAD>
<P>Have a care of a good name.</P>
<P><PB N="11" REF="8">It is better to have a good name then much Riches.</P>
<P>Cur&s;ed is the man that neglecteth his good Name.</P>
<P>It is better to have a good Name then precious Oynt|ments; and to conclude, he &s;aith, What profiteth, If you &s;hall gaine the whole World, if you &s;hall loo&s;e your owne &s;oule.</P>
<P>Fir&s;t, the Steward &s;hall make a Precept to warne the Court by rea&s;onable warning, as by &s;ix or more dayes, as followeth; and it is the better, if it be by fifteene dayes, according to the common dayes in the Bench.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Precept.</HEAD>
<P>J. K. Steward to the Bayliffe thereof, health; <NOTE PLACE="marg">Prebenda de I&s;ling|ton.</NOTE> I com|mand likewi&s;e and appoint, that diligently you give to under&s;tand the view of Frankpledge, of the Court there to be held, again&s;t the Thur&s;day, that is to &s;ay, the &s;ix|teenth day of <HI>October</HI> next comming after the date of the&s;e pre&s;ents, and have there this command: And as, <HI>&amp;c.</HI> Dated under my Scale, the fir&s;t day of this moneth of <HI>October,</HI> the yeare of the Reigne of Queen <HI>Elizabeth,</HI> by the grace of God, of <HI>England, France,</HI> and <HI>Ireland,</HI> De|fender of the Faith, <HI>&amp;c.</HI> 21.</P>
<P>Then enter your beginning of your Court-Rollin man|ner following.</P>
<P>The view of Frankpledge with the Court, J. F. <NOTE PLACE="marg">Prebenda de I&s;ling|ton. Order de tenor Leet.</NOTE> Clerk there held the Thur&s;day, <HI>Viz.</HI> The &s;ixteenth of <HI>October,</HI> the yeare of the Reigne of our Lady <HI>Elizabeth,</HI> Queene, by the grace of God, of <HI>England, France,</HI> and <HI>Ireland,</HI> Defender of the Faith, <HI>&amp;c.</HI> the 21. held by J. K. the Steward there.</P>
<P>It is good to make this entry, that is to &s;ay, 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 &s;hall cau&s;e the Bayliffe to make <HI>Oyes,</HI> three times, if it be a Leet, for this is the Kings Court, though the other hath that by Grant, or by Pre&s;cription.</P>
<P>In the yeare 21. <HI>Edw.</HI> 4. <HI>fol.</HI> 37. is, that where either adjournment of the Terme, or other matter for the King, <NOTE PLACE="marg"><HI>B. Procla|mation</HI> 6.</NOTE> is: There at the beginning there &s;hall be three Procla|mations made, and in all other matters which are not for
<PB N="12" REF="9">the King, but one Proclamation; and for that at the be|ginning in the Court-Baron &s;hall be but one Proclama|tion; and in Court Leet (for that it is the Kings Court) &s;hall be three Proclamations, <HI>Scilicet, O yes</HI> three times &s;hall be made.</P>
<P>Note that none may make Proclamation, but by au|thority of the King, or Maiors, and &s;uch like, where they have u&s;ed it by Cu&s;tome, 22. H. 6. <HI>fol.</HI> 19.</P>
<P>Then forthwith after the three Proclamations made, the Steward &s;hall make the Bailiffe to &s;ay, All manner of Per&s;ons which are re&s;ident, or Deciners, and doe owe Suit royall to this Leet, come in and make your Suit, and an&s;wer to your names, every one upon paine and pe|rill which &s;hall en&s;ue.</P>
<P>And after that all are called, and all which are ab&s;ent are marked to be amerced, then the Steward &s;hall cau&s;e againe (if it be in a Leete) to be made three other <HI>Oyes.</HI></P>
<P>And forthwith after the three Proclamations made, the Steward &s;hall cau&s;e the Bailiffe to &s;ay,</P>
<P>If any man will be E&s;&s;oyned, and in Court Baron, If any will be E&s;&s;oyned, or enter any Plaint, come you in and you &s;hall be heard.</P>
<P>And then the Steward ought to &s;ay, E&s;&s;oynes and pro|fer, of Suit and Plea three times, and in the end E&s;&s;oyne for this day; and then the Steward enter the E&s;&s;oyne in the Court Roll, as it followeth in the entry of the Court Roll.</P>
<P>Then after this the Jury &s;hall be impannelled, and fir&s;t, one &s;hall be &s;worne, and after three or foure together, and the Oath &s;hall be as followeth.</P>
<P><HI>You &s;hall enquire and faithfully make pre&s;entment of all things which I &s;hall give you in charge, <NOTE PLACE="marg">The Oath of the Ju|ry.</NOTE> your Companions coun&s;ell, the King, and your owne, you &s;hall keep, and you ought to pre&s;ent the truth, and nothing but the truth,</HI> So helpe you God.</P>
<P>But in the Court Baron there &s;hall be omitted in the Oath (to keep the Kings coun&s;ell) for that is no Court of the Kings, as a Leet is.</P>
<P>Note in the 27. <NOTE PLACE="marg">In Feloni tantum.</NOTE> of the Book of A&s;&s;i&s;es, p. 65. a Juror was arraigned in the Kings Bench as a Felon, for that he was one of the Indictors of certaine per&s;ons of felony,
<PB N="13" REF="9">and di&s;covered the coun&s;ell of his&punc; Companions, and in Leet it is coun&s;ell of the King: Yet (Seck) if he were attaint, what Judgement &s;hall be given.</P>
<P>And when the Foreman of the Jury for Court Leet, or Court Baron is &s;worne, three or foure &s;hall come to the Booke together, and &s;hall be &s;worne together, as afore is &s;aid.</P>
<P>To which the Steward &s;hall &s;ay, The &s;ame Oath which J. S. your Foreman hath taken of his part, you for your parts well and truely &s;hall ob&s;erve and keepe, So helpe you God; and &s;o the re&s;t &s;hall be &s;worne by three or foure together, as in a Leet, at lea&s;t there &s;hall be twelve &s;worne.</P>
<P>For 6. H. 4. <HI>fol.</HI> 2. is, <NOTE PLACE="marg">Jurors Leet.</NOTE> that a Pre&s;entment in Leet &s;hall be by twelve, and not by fewer; otherwi&s;e every Pre&s;ent|ment there is traver&s;able: And 3. <HI>H.</HI> 7.4. If any &s;tranger be there, if there be not &s;ufficient re&s;idents there to be impannelled, the Steward may impannell a &s;tranger there, for that it is to enquire for the King, and for redre&s;&s;ing matters which are annoyances to the Common-wealth; and if more be &s;worne then twelve (as they may be for the King) yet if twelve of them agree, and the re&s;idue not, it is a good Verdict, and it u&s;ed very often to be fifteene, &s;ixteene, or &s;eventeene of the Jury in the Leet; but a Jury to try an I&s;&s;ue betweene parties by twelve one|ly, as it appeareth by 21. <HI>Edw.</HI> 3. <HI>fol.</HI> 31. and 29. <HI>Edw.</HI> 3. <HI>fol.</HI> 43. And that a Verdict of eleven &s;hall not be ta|ken, 41. of the Book of A&s;&s;i&s;es, p. 11. <NOTE PLACE="marg">Jury, or Court Ba|ron.</NOTE> yet in a Court-Baron there may be impannelled and &s;worne there le&s;&s;e then twelve to inquire of Articles for the Lord.</P>
<P>The cau&s;e that the Jury &s;hall be &s;worne, is, That the end of all controver&s;ie to confirmation is an Oath, and this is the cau&s;e that the Juries are &s;worne, and not other|wi&s;e credited: And &s;ee <HI>Forte&s;cue, fol.</HI> 54. The tryall in this Realme by tryall by twelve, is a good tryall and ne|ce&s;&s;ary, as at large by him appeareth.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Exhortation to the Jury.</HEAD>
<P>Feare God and keep his Commandements, this con|cernes every man; then I pray you, How have you the feare of God? How doe you keep his Commandement,
<PB N="14" REF="10">which is the whole truth, if you doe not regard your Oath: Remember al&s;o <HI>Jeremiah,</HI> Chap. 4. which &s;aith, You &s;hall &s;weare in truth, in Judgement, and in Ju&s;tice, and &s;o remove love, feare, hate, and hope; that is to &s;ay, that you doe nothing for love, nor for feare, nor for malice, hatred, hope of benefit and gaine, but to pre&s;ent ju&s;tly; and you ought to remember who &s;aith, Be not over|come of evill, but overcome in good evill, Saint <HI>Paul:</HI> you &s;hall not receive gifts, becau&s;e gifts blind the eyes.</P>
<P>But you ought to pre&s;ent ju&s;tly, <HI>Deut.</HI> Chap. 16. Woe to them that call good evill, and evill good, <HI>I&s;ai.</HI> 15. Thou &s;halt not annoint thy fi&s;t, nor beare fal&s;e witne&s;&s;e a|gain&s;t thy neighbour, <HI>Exodus.</HI> Chap. 20.</P>
<P>The lips of a Lyer, are an abomination to the Lord, <HI>Prov.</HI> 6.</P>
<P>It is ju&s;t Judgement, where not the per&s;on but the workes are con&s;idered, <HI>Plato.</HI> And &s;o from your hearts, expell all affection, and be yea mindfull how many threat|nings God hath appointed for breaking of an Oath.</P>
<P>Fir&s;t, the Prophet &s;aith, Thou hate&s;t all that worke in|iquity, thou de&s;troye&s;t all which &s;peak a lye, <HI>Dan.</HI> 5.</P>
<P>He that bla&s;phemeth the name of the Lord, &s;hall dye with the death, <HI>Levit.</HI> Chap. 14.</P>
<P>Thou &s;hall not live becau&s;e thou ha&s;t &s;poken a lye, <HI>Ze|chariah</HI> 13.</P>
<P><HI>Ananias</HI> and <HI>Saphira</HI> for a lye in &s;elling a Feild, forth|with were &s;laine, <HI>Acts</HI> Chap. 5.</P>
<P>And &s;o you &s;ee what perill and indignation is from God, for not regarding your Oath, and to utter the truth you &s;hall be &s;ure to be the children of God, which is truth, and you &s;hall obtaine quietne&s;&s;e to your &s;elves, and to all your neighbours, and your Common-wealth &s;hall flori&s;h with vertue, and offendors and &s;inners &s;hall be puni&s;h|ed, and aboli&s;hed; for the Leete is appointed to that end.</P>
<P>And note, that at the beginning, there might be every yeare as many Leets as he would, which had that in his Mannor.</P>
<P>And after that Leets were ordained to be held but twice in the yeare, <NOTE PLACE="marg"><HI>Ra&s;tal, County, &amp;c.</HI> 2.</NOTE> by the Statute of <HI>Magna Charta,</HI> Chap, 35. <HI>Scilicet,</HI> betwixt the Moneth of Michaelma&s;&s;e and Ea|&s;ter.</P>
<P><PB N="15" REF="10">6 H. 7. <HI>fol.</HI> 2. Pre&s;entment of Felony in the Turne of the Sheriffe, held after the Moneth of <HI>Ea&s;ter</HI> is void, al|though it were for the King; for the Statute is, That the Sheriffe in this ca&s;e &s;hall loo&s;e his Turne, which is as much to &s;ay, all in that &s;hall be voide, 38. H. 6. <HI>fol.</HI> 7. the &s;ame. But by Pre&s;cription, Leets are held a day certaine in the yeare: And after the authority of the Leet, was enlarg|ed by the Statute, <HI>de</HI> 18. <HI>Edw.</HI> 2. called the Statute, <HI>De vi&s;u Franchi plegii:</HI> And after by diver&s;e others, <NOTE PLACE="marg"><HI>Ra&s;tal, Leet</HI> 1.</NOTE> for what things are inquirable in Leets, as in the Charge more at large may appeare; and all the Articles are but for the advancement and pre&s;ervation of the Common|wealth, as by the Articles of your charge, more at large may al&s;o appeare: And in &s;o much now, that you &s;ee for what cau&s;e Leets were ordained, and how the authority of them is inlarged, for Government of the Common|wealth: Now you ought to con&s;ider, that you which are of the Jury are cho&s;en in &s;uch manner as the Angels of God are at the la&s;t day of Judgement of man; for as it is written, Then &s;hall the Angels come out, and &s;hall &s;e|perate the Ill from the mid&s;t of the Ju&s;t: And &s;o you ought to &s;eparate the Ju&s;t from the Ill per&s;ons, and you ought to &s;ee that the offendors be puni&s;hed, and the Ju&s;t pre&s;erved; for as the Touch&s;tone is provided to try the purene&s;&s;e of the Gold and Mettals, &s;o are you cho&s;en the Touch&s;tone to &s;ee the Weed to be taken from the Corne, and the Corne to be pre&s;erved; and you ought to &s;ee the King and the Common-wealth pre&s;erved, and Ju&s;tice to be admini&s;tred, which is the pre&s;ervation of the King, <NOTE PLACE="marg">Ju&s;tice.</NOTE> and his Common-wealth; and &s;o for that, that you &s;ee your duties, and con&s;ider your Oath, I will declare to you the Articles of your Charge.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Charge in Leet.</HEAD>
<P>Fir&s;t, You ought to con&s;ider, <NOTE PLACE="marg">27. <HI>H.</HI> 8. <HI>fol.</HI> 2.</NOTE> that &s;ome offences (as petty Trea&s;ons and Felonies, which are again&s;t the Crowne and Dignity) are inquirable and pre&s;entable in a Leet, but not puni&s;hable there; but by the Statute of 1. <HI>Edw.</HI> 3. the la&s;t Chapter, <NOTE PLACE="marg"><HI>Ra&s;t. In|dictment,</HI> 2.</NOTE> they ought to be written and Indented, and one part to remaine with the Steward, and the other with the Jury, and it ought to be delivered
<PB N="16" REF="11">to the Ju&s;tices of A&s;&s;i&s;e, at the next Goale delivery held within the County.</P>
<P>And fir&s;t, the&s;e following are to be inquired of, and to be certified, as afterwards is &s;aid.</P>
<P N="1">Fir&s;t, <NOTE PLACE="marg">Trea&s;ons.</NOTE> You ought to inquire, if any counterfeit the Great Seale, Privy Seale, or the Armes of this Realme; and by the 25. <HI>Edw.</HI> 3. <HI>Ra&s;tal,</HI> Trea&s;ons 1. they are high Trea&s;on, and yet inquirable here, as Felony, and to be certified as is afore&s;aid.</P>
<P N="2">2. Al&s;o if any counterfeit the Money of this Realme, <NOTE PLACE="marg">Counter|feit Mony.</NOTE> or of another Realme being currant in this Realme, it is high Trea&s;on, 1 <HI>Mary, Ra&s;tal,</HI> Trea&s;on 21. And by <HI>Stam|ford,</HI> fol. 3. but inquirable here as Felony.</P>
<P N="3">3. Al&s;o is the counterfeiting of the Seale manuall, <NOTE PLACE="marg">Scale.</NOTE> Privy Signet, or Privy Seale, and are inquirable here as Felonies, <HI>Ra&s;tal,</HI> Trea&s;on 1. 27. H. 8. c. 2.</P>
<P N="4">4. Al&s;o the Clipping, <NOTE PLACE="marg">Clipping.</NOTE> wa&s;hing, or filing of Money, is high Trea&s;on, by 5. <HI>Eliz.</HI> and inquirable here as Felony, <HI>Ra&s;tal,</HI> Trea&s;on 29.</P>
<P N="5">5. Al&s;o if any Servant kill his Ma&s;ter or his Mi&s;tri&s;&s;e, <NOTE PLACE="marg">Kill his Ma&s;ter.</NOTE> or Prei&s;t, or any other Religious, kill his Ordinary, by the 35. <HI>Edw.</HI> 3. C. 2. <HI>Ra&s;tal,</HI> Trea&s;on 1. is petty Trea|&s;on, and inquirable here, as Felony, 12. Booke of A&s;|&s;i&s;es, 30.</P>
<P N="6">6. Al&s;o if any Woman kill her Husband, <NOTE PLACE="marg">Wife, Hu&s;|band.</NOTE> it is petty Trea&s;on, and is inquirable here as Felony, 19. <HI>H.</HI> 6. fol. 47.</P>
<P N="7">7. Al&s;o cutting out of tongues of men, <NOTE PLACE="marg">Felonies.</NOTE> and putting out their eyes of malice, is Felony, and here inquirable, 5. H. 4.5. <HI>Ra&s;tal,</HI> Felony, 4. 19. H. 6. f. 47.</P>
<P N="8">8. Al&s;o Murder is, <NOTE PLACE="marg">Murder.</NOTE> when any of malice pretended, killeth another feloniou&s;ly, and is inquirable here, 14. <HI>Edw.</HI> 3.</P>
<P N="9">9. Al&s;o Man-&s;laughter is here inquirable, <NOTE PLACE="marg">Man-&s;laughter.</NOTE> that is to &s;ay, When a place is not appointed to fight, but onely they fight together, and the one killeth the other when they meet by chance, <HI>Stamford,</HI> fol. 18. <HI>a.</HI> it is here in|quirable.</P>
<P N="10">10. Al&s;o if one kill the other (in defending of him|&s;elfe) he &s;hall loo&s;e his goods: <NOTE PLACE="marg">Se defen|dendo.</NOTE> The &s;ame Law, where one killeth another by mi&s;chance, <HI>Stamford,</HI> 15. <HI>a.</HI></P>
<P N="11">11. Ravi&s;hing of a Woman, <NOTE PLACE="marg">Rape.</NOTE> as tre&s;pa&s;&s;e is inquirable,
<PB N="17" REF="11">and where it is not pre&s;ented before the Coroner, <HI>Stamford</HI> 23. b. 18. <HI>Ed.</HI> 2. <HI>Ra&s;tall, Rape.</HI> 2.</P>
<P N="12">12 <HI>Rape</HI> as Felony, which is Felony made by the Statute, is not inquirable in a Leet, nor any thing given by Sta|tute, unle&s;&s;e it be inquirable by expre&s;s words, but that which is made petty Trea&s;on by Statute, is inquirable as Felony by the Common Law, 11 <HI>H.</HI> 7. <HI>fol.</HI> 22</P>
<P N="13">13 Burglarers are tho&s;e, <NOTE PLACE="marg">Burglary.</NOTE> which in time of Peace break Hou&s;es, Churches, Walles, Towers, or Doores, after the Sun &s;et, and before the ri&s;ing thereof, though he carry away nothing, if their intent may appeare that it was to rob or kill, or to commit other Felony, it is Burglary, in|quirable here, <HI>Stamford, fol.</HI> 30. <HI>b.</HI></P>
<P N="14">14 Robbery, <NOTE PLACE="marg">Robbery.</NOTE> is when a man taketh any thing from the per&s;on of another Feloniou&s;ly, though it be but the value of a penny it is Felony, and Inquirable, <HI>Stamford</HI> 27. <HI>d.</HI> 22. of the A&s;&s;izes. 29.</P>
<P N="15">15 Al&s;o burning of a Hou&s;e Feloniou&s;ly done is Felony by the Common Law, <NOTE PLACE="marg">Burning of a hou&s;e</NOTE> and al&s;o is burning of Barnes in the night, and inquirable, <HI>Stamford</HI> 36. <HI>a.</HI></P>
<P N="16">16 Burning of a Barn in the night adjoyning to a Hou&s;e is Felony by the Common Law, 11. <HI>H.</HI> 7. <HI>f.</HI> 1. <NOTE PLACE="marg">Robbing Churches.</NOTE></P>
<P N="17">17 Al&s;o robbing of Churches or Chappels, and taking of any Ornaments out of them Feloniou&s;ly is Felony, and inquirable. <NOTE PLACE="marg">Theft.</NOTE></P>
<P N="18">18 Theft is the taking of anothers Goods with a frau|dulent minde of &s;tealing, again&s;t his Will who&s;e Goods they are, and if it be above the value of twelve pence he &s;hall be hanged, and Theft is here Inquirable, <HI>Stamford</HI> 24. <HI>L.</HI> <NOTE PLACE="marg">Re&s;cous.</NOTE></P>
<P N="19">19 If any re&s;cue any which is taken for Felony, that is Felony, and here inquirable, 1 <HI>H.</HI> 7.9. <NOTE PLACE="marg">Taking Doves.</NOTE></P>
<P N="20">20 Al&s;o taking Doves in the Dovehou&s;e in the night with Felonious intent, is Felony, and here inquirable, but not where they are taken in their roo&s;t, out of the Dovehou&s;e. <HI>Stamford, fol</HI> 25. <HI>C.</HI> 22. booke of A&s;&s;i&s;es 95.18 <HI>H.</HI> 8. <HI>fol.</HI> 2.</P>
<P N="21">21 Al&s;o taking of young Pigeons, <NOTE PLACE="marg">Young Pi|geons.</NOTE> or young Go&s;haukes in their ne&s;ts in the night is Felony, and inquirable here. 14. <HI>H.</HI> 8. 18. <HI>Ed.</HI> 4 <HI>fol.</HI> 8.</P>
<P N="22">22 Al&s;o the taking of Fi&s;h feloniou&s;ly out of ponds, Stews, <NOTE PLACE="marg">Fi&s;hes.</NOTE> or Trunks in the night is Felony, and here inquirable:
<PB N="18" REF="12">But otherwi&s;e it is where it was taken in the River, there it is no Felony, 22 booke of A&s;&s;i&s;es, 95 Quere, 18. <HI>Ed.</HI> 4. <HI>fol.</HI> 8.</P>
<P N="23">23. Al&s;o the taking of tame Deere with a Felonious in|tent, <NOTE PLACE="marg">Deere.</NOTE> is Felony, the &s;ame Law the taking of Signetts, Swans marked, and Peacocks, and here inquirable, <HI>Stam|ford, fol.</HI> 25. <HI>C.</HI> 18 <HI>H.</HI> 8.2.</P>
<P N="24">24. Al&s;o if any one receive a Felon, <NOTE PLACE="marg">Receiver.</NOTE> well knowing of the Felony which he had done, that is Felony and here inquirable, <HI>Stamford, fol.</HI> 41. <HI>E.</HI></P>
<P N="25">25. And note that all other Felonies which are Felo|nies by the Common Law, <NOTE PLACE="marg">Felons by the Com|mon Law</NOTE> as the&s;e are, are here inquira|ble, and &s;ee the&s;e after in Felony, otherwi&s;e the King &s;hall loo&s;e yeare, day, and wa&s;t, and the Lord his e&s;cheat.</P>
<P N="26">26. Acce&s;&s;aries are inquirable here, <NOTE PLACE="marg">Acce&s;&s;ary.</NOTE> and that is, if one procure or command another to do a Felony, but is not pre&s;ent when the other doth that, this Procurer or Com|mander is Acce&s;&s;ary: Acce&s;&s;ary after the Felony, is, where one receives a Felon and knowing of the Felony, <HI>Stam|ford,</HI> 40. <HI>G.</HI></P>
<P N="27">27. E&s;cape voluntary, <NOTE PLACE="marg">Scape.</NOTE> is, when one arre&s;ts another for Felony, and after lets him go where he will, that is Fe|lony, and here inquirable, <HI>Stamford</HI> 32. <HI>I.</HI></P>
<P N="28">28. E&s;cape negligent, is when one is arre&s;ted for Fe|lony, and after e&s;cape again&s;t the will of him that arre&s;ted him, and be not fre&s;hly pur&s;ued, and taken before the Goaler loo&s;e the &s;ight of him, that is fineable, and here in|quirable, <HI>Stamford</HI> 33. <HI>b.</HI></P>
<P N="29">29. Petty larceny, <NOTE PLACE="marg">Petty lar|ceny.</NOTE> is the taking of any thing with a Fe|lonious intent, under the value of twelve pence, as Hens, Gee&s;e, Pigs, or &s;mall things out of Windowes, <HI>Stamford fol.</HI> 24. <HI>G.</HI> and the&s;e are here inquirable.</P>
<P N="30">30. Note that the Lords of which the Lands are held &s;hall have the Lands of e&s;cheat, where their Tenants are attaynt in petty Trea&s;on or Felony, and the King &s;hall have (yeare, day, and wa&s;t) by <HI>Magna Charta,</HI> cap. 22. <NOTE PLACE="marg">Ra. f.</NOTE></P>
<P>And for that it is inquirable, what Lands and Tene|ments the&s;e per&s;ons &s;o offending have, and what Goods, for the King unle&s;s the Lord hath the Chattells of the Felons by Charter of the King, 9. <HI>H.</HI> 7. <HI>fol.</HI> 23.</P>
<P N="31">31. And &s;o note that all the&s;e matters in the Charge
<PB N="19" REF="12">afore&s;aid, are inquirable and pre&s;entable as is afore&s;aid but not puni&s;hable here, but &s;hall be certified by the Steward in the Se&s;&s;ions, as is afore&s;aid, 27. <HI>H.</HI> 8. <HI>fol.</HI> 2.</P>
<P>But now the re&s;idue of the matters of the Charge which en&s;ue, are inquirable and pre&s;entable, and are al&s;o pu|ni&s;hable in a Leet, and &s;hall not be certified as the&s;e a|fore&s;aid &s;hall be.</P>
<P N="1">1 Fir&s;t you ought to inquire if the Sutors and Deciners, <NOTE PLACE="marg">Deciners.</NOTE> <HI>&s;cilicet,</HI> if any of them which are re&s;ident appeare in per&s;on, or not, and if any of them make default, to pre&s;ent their names, 18 <HI>Ed.</HI> 2. <HI>Ra&s;tall,</HI> Leet 1. the &s;ame book, Chapter 10.</P>
<P N="2">2 Al&s;o if the cappitall Pledges appeare, <NOTE PLACE="marg">Pledges.</NOTE> for it appeareth by 45 of <HI>Ed.</HI> 3. <HI>fol.</HI> 27. that Pledges &s;hall be found for every one that commeth within the Lord&s;hip to be of good beha|viour, as the manner is, and it is inquirable if every one hath found &s;uertyes, 18. <HI>Ed.</HI> 2.</P>
<P N="3">3 Al&s;o if any hath dwelt within the Lord&s;hip by a yeare and a day, <NOTE PLACE="marg">The age twelve yeares.</NOTE> and be of the age of twelve yeares and not &s;worn to the Queen to be loyall and faithfull, that is in|quirable.</P>
<P N="4">4 Al&s;o if any villaines of the Lord are fugitive and re|maine el&s;ewhere out of the Lord&s;hip, <NOTE PLACE="marg">Villains.</NOTE> and are not in the Deme&s;nes of the King by a yeare and a day without claime, are inquirable. 18. <HI>Ed:</HI> 2.</P>
<P N="5">5. Al&s;o if any cu&s;tomes or &s;ervices due to this Court are neglected, how, by who, and in what Bayliffs time that was, <NOTE PLACE="marg">Cu&s;tomes.</NOTE> 18. <HI>Ed.</HI> 2.</P>
<P N="6">6 Al&s;o if any annoyances be made upon the Land, wood, <NOTE PLACE="marg">Anoyances</NOTE> and water, that blocks, &s;tocks, ditches, hedges, made, or a ditch made or filled to the annoyance of the People, or if any other thing be done to the noyance of the People, that is to the multitude, and not onely to one, is inquira|ble, 18. <HI>Ed:</HI> 2.</P>
<P N="7">7 Al&s;o if any Walls, Hou&s;es, Pales, <NOTE PLACE="marg">Wages.</NOTE> or Hedges be made or erected to the noyance of the People, it is inquirable, 18. <HI>Ed:</HI> 2.</P>
<P N="8">8. Al&s;o if any common wayes, waters, ditches, or pathes are turned out of their right cour&s;e, it is inquirable, 18. <HI>Ed</HI> 2.</P>
<P N="9">9 Al&s;o if any bounds are &s;treightned or carryed away, 18 <HI>Ed.</HI> 2.</P>
<P N="10"><PB N="20" REF="13">10. Al&s;o if any Lay-&s;talls are made in high wayes to the noyanee of the People, or if any carrion be ca&s;t into the high way to the noyance of the People, it is inquira|rable.</P>
<P N="11">11. Al&s;o if any make any encroachment upon the Kings high way.</P>
<P N="12">12. Al&s;o if any commonly or openly breake the peace, <NOTE PLACE="marg">Tre&s;pa&s;&s;e.</NOTE> as making frayes in di&s;turbing and fighting the People, it is inquirable.</P>
<P N="13">13. Al&s;o if there be any common Barretors in the Lord|&s;hip, as Scoldes, brawlers, to the noyance and di&s;turbance of their Neighbours, pre&s;ent their names.</P>
<P N="14">14. Al&s;o if any breake the common pound, <NOTE PLACE="marg">Pound.</NOTE> to take di|&s;tre&s;&s;e from thence, pre&s;ent their names.</P>
<P N="15">15. Al&s;o if there be any outcries made again&s;t the Lawes to the di&s;turbance of the People, it is inquirable.</P>
<P N="17">17. Al&s;o if any Ea&s;e-droppers, <NOTE PLACE="marg">Ill mem|bers for a Common|wealth.</NOTE> which &s;tand under Walls or Windowes, by night or day to heare tayles, and to carry them to others, to make &s;trife and debate among their Neighboures, pre&s;ent their names.</P>
<P N="18">18. Al&s;o if any be common breakers of Hedges, pre|&s;ent their name.</P>
<P N="19">19. Al&s;o if any keep and maintaine any bawdrey in their Hou&s;es, it is a cau&s;e to break the Peace, and is a vice which corrupteth the Common-wealth, and for that it is here inquirable, 27. <HI>H.</HI> 8. <HI>fol.</HI> 17.</P>
<Q><L>Quatuor his ca&s;ibus procul dubio cadet adulter,</L>
<L>Aut hic pauper erit aut &s;ubito morietur;</L>
<L>Aut cadet in cau&s;am qua debet judice vinci,</L>
<L>Vel aliquod membrum ca&s;u vel crimine perdet.</L></Q>
<P>By the&s;e foure changes, without doubt, an adulterous per&s;on &s;hall fall, either he &s;hall be poore, or &s;hall &s;udden|ly dye, or &s;hall fall into &s;ome cau&s;e, that he &s;hall be con|demned by the Judge, or &s;hall loo&s;e &s;ome member of his Body by chance or by the crime.</P>
<P N="20">20. Al&s;o if there be any vagabonds or wanderers, and tho&s;e which walk by night, and &s;leep by day, and if there be any which are common haunters of Tavernes or Ale-Hou&s;es, and go about, and having nothing to live of, are inquirable, 4. <HI>H.</HI> 7. <HI>fol.</HI> 2. In Leet is inquirable of night|walkers.</P>
<P N="21">21. Al&s;o if any go of Theeves me&s;&s;ages, it is inquira|ble.</P>
<P N="22"><PB N="21" REF="13">22. Al&s;o if any take Pigeons in the Winter by nets or Ingines, it is inquirable.</P>
<P N="23">23. Al&s;o if any by any way corrupt the common Wa|ters, by whittening, by Lime, or by Flax, or Stuff laid in the Waters, by which the Waters are corrupt, it is inquira|ble.</P>
<P N="24">24. Al&s;o if any hath, or u&s;eth any fal&s;e Mea&s;ures, <NOTE PLACE="marg">Deceit of Artificers. Fal&s;e Weights.</NOTE> of Bu&s;hles or Gallons, Yard or Ells, or fal&s;e Weights or Ballances, are inquirable, 8. <HI>H.</HI> 6. chap. 5. <HI>Magna Charta,</HI> chap. 25. 51. <HI>H.</HI> 3. Title Weights, and Mea&s;ures, 5.</P>
<P N="25">25. Al&s;o if any u&s;e double Poundes or Mea&s;ures, <NOTE PLACE="marg">Double pounds.</NOTE> that is to &s;ay, a &s;mall one to &s;ell by, and a great one to buy by, in deceit of the People, it is inquirable, 27. <HI>Ed.</HI> 3.10.</P>
<P N="26">26. A&s;&s;i&s;e of Bread and Beere, that this be held, <NOTE PLACE="marg">A&s;&s;i&s;e of Bread.</NOTE> <HI>&s;cili|cet,</HI> that every one &s;ell according to the price of Corne, is inquirable, and that it bee made whole&s;ome for Men.</P>
<P N="27">27. Al&s;o if Tiplers &s;ell by Cups and Di&s;hes, <NOTE PLACE="marg">Tiplers.</NOTE> or Mea|&s;ures &s;ealed, or not &s;ealed, is inquirable.</P>
<P N="28">28. Al&s;o if Butchers, Fi&s;hmongers, Innkeepers. <NOTE PLACE="marg">At rea&s;on|able pri|zes.</NOTE> Hag|lers, Poulterers, Cookes, Vintners, and all other which &s;ell Victuals, if they &s;ell at rea&s;onable prices, and not at exce&s;&s;ive, having regard to the prices that Victualls are &s;old in places neere, and he which is convict &s;hall pay the double that he hath received to the party damnified, and let it be inquirable, 23. <HI>Ed.</HI> 3.6. 10. <HI>H.</HI> 7. <HI>fol.</HI> 8. by <HI>Brian</HI> and <HI>Hu&s;&s;ey,</HI> a Victualer &s;hall be con&s;trained to &s;ell his Victuall, if the buyer offer ready Money, otherwi&s;e not.</P>
<P N="29">29. Al&s;o if Butchers, Fi&s;hmongers, <NOTE PLACE="marg">Butchers.</NOTE> or other Victualers &s;ell any corrupt Victuall not whole&s;ome for mens Bodies, it is inquirable.</P>
<P N="30">30. Al&s;o that Innkeepers, <NOTE PLACE="marg">Inkeepers.</NOTE> &s;hall not &s;ell Hay nor Oates but at rea&s;onable prices, and &s;hall not take for the bu&s;hell above one half penny above the common price in the Market, and &s;hall take nothing for Litter, and that is in|quirable, 12. <HI>R.</HI> 2.8. <HI>Ra&s;tall,</HI> Victuall 8.</P>
<P N="31">31 An Innkeeper may bake his Bread for Hor&s;es in his Hou&s;e in any throughfare Town, which is not a City where common Bakers dwell, and if he bake and do not
<PB N="22" REF="14">make it according to the prices of Corne, he is to be pu|ni&s;hed in a Leet, 32. <HI>H.</HI> 8.14. <HI>Ra&s;tall.</HI> Hor&s;ebread.</P>
<P N="31">31. Al&s;o if any Innkeeper or other per&s;on, harbour any &s;u&s;pected per&s;ons, perceiving or knowing them to be of ill behaviour, it is inquirable.</P>
<P N="33">33. Al&s;o if Millers take exce&s;&s;ive Tole is inquirable, <NOTE PLACE="marg">Mills.</NOTE> and they ought to take for Tole but the twentieth or twen|ty fourth grain, according to the cu&s;tome, and according to the &s;trength of the Water.</P>
<P>Or if any Miller within the Lord&s;hip change the Corne which he hath to grind, it is inquirable.</P>
<P N="34">34. Al&s;o it is inquirable, <NOTE PLACE="marg">Artificers</NOTE> 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 pre&s;ent their names.</P>
<P N="35">35. Al&s;o if any Con&s;table, <NOTE PLACE="marg">Mi&s;de|meanour de Officers</NOTE> Alecunner, Bayliff, or any other Officers within this Lord&s;hip, have duly and well done their Offices or not, is inquirable.</P>
<P N="36">36. Al&s;o no Purveyor, <NOTE PLACE="marg">Purveyors</NOTE> &s;hall make any purveyance for the Queenes Hou&s;e, of any thing of the value of forty &s;hillings or under, unle&s;&s;e he do it for ready payment to the party, upon paine of loo&s;ing his Office, and to pay the value to the party greived, and if he do the contrary, if the Con&s;table or Tithingman upon complaint unto them do not make re&s;i&s;tance to the Purveyor, they &s;hall forfeit to the party greived the value of the thing taken, and double Dammages, and that is the Mi&s;demeanour of the Con|&s;table, and of the&s;e Mi&s;demeanours and all other &s;uch Offi|cers, is inquirable, 20. <HI>H.</HI> 6. chap. 8. <HI>Ra&s;tall,</HI> Purveyors 31. And al&s;o the Con&s;table ought to &s;ee the Peace and watch to be ob&s;erved as it ought, 11 <HI>H.</HI> 4. <HI>fol.</HI> 27. That Purveyor, Buyer, or taker for the King, after he is allowed and payd of the King, &s;hall be Debtor to the party; but till payment, the King him&s;elf is Debtor.</P>
<P>See more after in the Office of the Con&s;table, <NOTE PLACE="marg">For the Office of the King and Lord.</NOTE> and what is inquirable touching his Office, <HI>fol.</HI></P>
<P N="37">37. If any Trea&s;ure be found, that is to &s;ay, Trea&s;ure hid in the ground, and no man knoweth who hid the Trea|&s;ure, that is to the King, unle&s;&s;e it be to the Lord by &s;pe|cialty in writing, or by pre&s;cription</P>
<P>If any E&s;treys be, <NOTE PLACE="marg">E&s;trey.</NOTE> it is inquirable, and that is if any Hor|&s;es, Sheep, Hogs, Bea&s;ts, or Swans, which have come into
<PB N="23" REF="14">this Lord&s;hip, and have been there by the &s;pace of a twelve moneth and a day, and not claimed, then the Lord may have the property of them by pre&s;cription, but they ought fir&s;t to be impounded in an open pound, proclaimed in the Church, and two Market Townes next adjoyning, and if none claime them, then they &s;hall be &s;ei&s;|ed, and ought to be put in &s;ome &s;everall ground, and not in any Covert or Wood, that the owner cannot finde them, for if they be in Covert, the property is not changed, though they be there a yeare and a day.</P>
<P N="39">39. If any Weife be, it is inquirable, <NOTE PLACE="marg">Weife.</NOTE> and that when the Theife upon the Hue and Cry is pur&s;ued, or otherwi&s;e for ea&s;ing him&s;elf of the carriage, without Hue and Cry, he waifes the Goods by him Feloniou&s;ly &s;tollen, or any part of them and fly away, this is forfeit to the King, and the Lord may have it by pre&s;cription, <HI>Stamford, fol:</HI> 180.</P>
<P N="40">40. If any fugitive be, that is, <NOTE PLACE="marg">Fugitive.</NOTE> if it be found by Indict|ment of Murder before the Coroner, that he fled, or if he be indicted of Felony, and acquit and found that he fled, then he &s;hall forfeit his Goods to the King, and the Lord may have them by Charter, and not by pre&s;cription, and that is inquirable.</P>
<P N="41">41. If any Hor&s;e or Mare be put upon the Common and be &s;cabbed, or having an infectious di&s;ea&s;e, <NOTE PLACE="marg">Scabbed Chivall.</NOTE> he &s;hall forfeit to the Lord of the manner ten &s;hillings. 32 <HI>H.</HI> 8.13. <HI>Ra&s;tall</HI> Hor&s;es <HI>&amp;c. b.</HI> and this is inquirable.</P>
<P N="42">42. If the Exigent be awarded again&s;t one indicted of Felony, by the award of that his Goods are forfeited, though he be afterward acquit of the Felony, and the King &s;hall have his Goods, and the Lord by Charter, and not by pre&s;cription or without Charter, and this is inquira|ble.</P>
<P N="43">43. If any be outlawed in Debt, Tre&s;pa&s;s, <NOTE PLACE="marg">Outlawry</NOTE> or other per|&s;onall Actions, his Goods are forfeit, and the King &s;hall have them and not the Lord, unle&s;&s;e that it be by Charter and not by pre&s;cription, and this is inquirable, 18 <HI>Ed.</HI> 2.</P>
<P N="44">44. If a common Fine hath u&s;ed to be paid here, <NOTE PLACE="marg">Common Fine.</NOTE> that ought to be inquired, that it be paid according to the u&s;age and that it be collected according to the u&s;age, for it is collected commonly by the Head-Burrough, and it is com|monly due to the Leet at Michaelma&s;&s;e.</P>
<P N="45"><PB N="24" REF="15">45. Note that every one that hath view of Frank pledge ought to have a Pillory and Tumbrell to execute Ju&s;tice, and al&s;o in every Town or in the Leet a paire of &s;tocks, and for lack of them the Town &s;hall forfeit five pound, and that is inquirable.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Wreck of the Sea.</HEAD>
<P>ANd for that, that by the Statute of 15. <HI>R.</HI> 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.</P>
<P>The Kings Prerogative, chap. 11. the King &s;hall have Wreck of the Sea throughout the whole Realme, and Stur|geons taken in the Sea or other where within the Realme, except &s;ome priviledged places, be the Kings.</P>
<P>9. <HI>H.</HI> 7. <HI>fol.</HI> 20. A man may have a Wreck of the Sea by pre&s;cription.</P>
<P>10. <HI>H.</HI> 7. <HI>fol.</HI> 6. By <HI>Wood.</HI> If I have Wreck by pre&s;crip|tion, and a Stranger &s;ei&s;e it, and not my Bailiffe, I &s;hall have an Account again&s;t him.</P>
<P><HI>We&s;tmin&s;ter</HI> 1. chap. 5. is, that Goods in a Ship where a Dog or a Cat &s;capes alive, are no Wreck, but are delive|red to the Town or Lord, and if any come within a yeare and a day, and claime them, and prove them to be his Goods, they are without delay delivered unto him, and if none come within the yeare and a day, they are the Kings. And if the Wreck belong to another then the King, it is done in the &s;ame manner. And who &s;hall do o|therwi&s;e, and of that is attaint, he &s;hall be committed to pri&s;on, and Fined at the Will of the King, and &s;hall pay dammages likewi&s;e.</P>
<P>If the Goods in this ca&s;e are fre&s;h Victuals, as fle&s;h meate, fre&s;h Fi&s;h, Apples, or Oranges, or &s;uch things which will not endure for a year, and the Sheriff &s;eeing them, &s;el|leth them, and delivereth the Money taken for them to the Town to an&s;wer for it, it is good, and yet it is contra|ry to the words of the Statute, but it &s;tandeth with rea&s;on.</P>
<P>45. <HI>H.</HI> 6.32. If the Kings Goods be Wreckt, and not claimed within a yeare and a day, yet the King &s;hall have them, otherwi&s;e it is a common per&s;on.</P>
<P><PB N="25" REF="15">Then there are diver&s;e other matters which follow, of which you may inquire by expre&s;&s;e words in the Statutes, as of the Statute of Apparrell, and other Statutes en|&s;uing.</P>
<P>In the yeare, 24. <HI>H.</HI> 8. <HI>Chap.</HI> 13. <HI>Ra&s;tal,</HI> Apparrell the fifth.</P>
<LIST>
<ITEM>If one hath not in Land a hundred pound, he can|not u&s;e Velvet, in Jackets.</ITEM>
<ITEM>If one hath not in Land a hundred pound, he can|not u&s;e Velvet, in Dublets.</ITEM>
<ITEM>If one hath not in Land a hundred pound, he can|not u&s;e Velvet, in Pur&s;es.</ITEM>
</LIST>
<LIST>
<ITEM>Damaske Silke Chamlet Taffaty in Gownes.</ITEM>
<ITEM>Damaske Silke Chamlet Taffaty in Coats.</ITEM>
<ITEM>Damaske Silke Chamlet Taffaty in Outtermo&s;t Gar|ments.</ITEM>
</LIST>
<LIST>
<ITEM>Forty pound cannot u&s;e Chamlet, nor Silke, in Gownes.</ITEM>
<ITEM>Forty pound cannot u&s;e Chamlet, nor Silke, in Outtermo&s;t Gar|ments.</ITEM>
</LIST>
<LIST>
<ITEM>No Velvet, in Jackets.</ITEM>
<ITEM>No Velvet, in Jerkins.</ITEM>
<ITEM>No Velvet, in Caps.</ITEM>
</LIST>
<P>Nor any Silke, but
<LIST>
<ITEM>Satten in Dublets.</ITEM>
<ITEM>Damaske. in Dublets.</ITEM>
<ITEM>Taffatie in Dublets.</ITEM>
<ITEM>Sar&s;net in Dublets.</ITEM>
</LIST>
<LIST>
<ITEM>Sar&s;net in Facing their Gownes.</ITEM>
<ITEM>Chamlet in Facing their Gownes.</ITEM>
<ITEM>Taffaty in Facing their Gownes.</ITEM>
</LIST>
<LIST>
<ITEM>Twenty pound, no Silke in Gownes.</ITEM>
<ITEM>Twenty pound, no Silke in Cloaks.</ITEM>
<ITEM>Twenty pound, no Silke in Ho&s;e, &amp;<HI>c.</HI></ITEM>
</LIST>
<LIST>
<ITEM>No Satten Damaske Taffaty Sar&s;net in Dublets.</ITEM>
<ITEM>No Satten Damaske Taffaty Sar&s;net in Coyfes.</ITEM>
</LIST></P>
<P>But they may weare Chamlet in Jackets.</P>
<LIST>
<ITEM>Five pound cannot u&s;e any Silke in Dublets.</ITEM>
<ITEM>Five pound cannot u&s;e any Silke in Jackets.</ITEM>
<ITEM>Five pound cannot u&s;e any Silke in Gownes.</ITEM>
<ITEM>Five pound cannot u&s;e any Silke in Cloakes.</ITEM>
</LIST>
<LIST>
<PB N="26" REF="16">
<ITEM>But Chamlet in Dublets.</ITEM>
<ITEM>But Chamlet in Jackets.</ITEM>
</LIST>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Furres.</HEAD>
<P>NOne under the degree of an Earle, may u&s;e Sa|bles.</P>
<LIST>
<ITEM>Forty pound cannot u&s;e Foynes.</ITEM>
<ITEM>Forty pound cannot u&s;e Jennets gray.</ITEM>
<ITEM>Forty pound cannot u&s;e Martins.</ITEM>
<ITEM>Forty pound cannot u&s;e Squirrell.</ITEM>
<ITEM>Forty pound cannot u&s;e Fox.</ITEM>
<ITEM>Forty pound cannot u&s;e Grey.</ITEM>
</LIST>
<LIST>
<ITEM>Cony, Hare, Or other Furr growing within this Realme.</ITEM>
<ITEM>Cony, Hare, Or other Furr growing within this <HI>Wales.</HI></ITEM>
<ITEM>Cony, Hare, Or other Furr growing within this <HI>Ireland.</HI></ITEM>
</LIST>
<LIST>
<ITEM>Twenty pound Black Cony.</ITEM>
<ITEM>Twenty pound Budge.</ITEM>
</LIST>
<LIST>
<ITEM>Under twenty pound Gray Cony.</ITEM>
<ITEM>Under twenty pound Black Lambe.</ITEM>
<ITEM>Under twenty pound White lambe.</ITEM>
</LIST>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Chaines of Gold.</HEAD>
<P>NOne under the degree of a Knight may u&s;e any Col|ler of <HI>S S.</HI></P>
<P>None may u&s;e a Chaine of le&s;&s;e weight then ten Ounces of Gold.</P>
<P>Forty pound may u&s;e Aglets, Buttons, Brooches.</P>
<P>Tho&s;e per&s;ons which are excepted in the&s;e Statutes
<LIST>
<ITEM>Queens Coun&s;ell.</ITEM>
<ITEM>Barons of the Exchequer</ITEM>
<ITEM>Serjeants at Law.</ITEM>
<ITEM>Apprentices at Law.</ITEM>
<ITEM>Phi&s;itions of the King.</ITEM>
<ITEM>Maiors.</ITEM>
<ITEM>Recorders.</ITEM>
<ITEM>Ma&s;ter or Wardens, which are, or have u&s;ed this roome.</ITEM>
</LIST></P>
<P>The&s;e may u&s;e as before the making of the Statute they have u&s;ed.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="27" REF="16">
<HEAD>Forfeiture.</HEAD>
<P>THE thing u&s;ed again&s;t the Statute, is three &s;hillings foure pence a day: The Statute is in his Garment, <HI>(In)</HI> is taken here, for <HI>(In)</HI> or <HI>(Upon)</HI> his Garment.</P>
<P>Yeare the fir&s;t and &s;econd of <HI>Philip</HI> and <HI>Mary,</HI> no per|&s;on borne within the Dominions of the King, other then the Son and Heire of a Knight, or above that degree, or which might expend twenty pound yearely, or was worth two hundred pound in Goods.</P>
<P>Should u&s;e Silke in
<LIST>
<ITEM>Hatt.</ITEM>
<ITEM>Bonet.</ITEM>
<ITEM>Night-Cap.</ITEM>
<ITEM>Girdle.</ITEM>
<ITEM>Scabbard.</ITEM>
<ITEM>Ho&s;e.</ITEM>
<ITEM>Shooes.</ITEM>
<ITEM>Spur-Leathers.</ITEM>
</LIST></P>
<P>The forfeiture is for every day, ten pound.</P>
<P>If any man keep Servants which offend in the&s;e premi|&s;es, and doe not put him out of his &s;ervice, within four|teen dayes after that he hath notice of it, or if he put him out of his &s;ervice, and afterward retaine him againe, within a yeare, he &s;hall forfeit a hundred pound.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Artificers.</HEAD>
<P>IF any Butcher, Brachetour, Baker, Poulter, Cooke, <NOTE PLACE="marg">2 <HI>Edw.</HI> 6. <HI>chap.</HI> 15.</NOTE> Tip|ler, <HI>&amp;c.</HI> con&s;pire, covenant, promi&s;e or make any oath not to &s;ell Victuall but at certaine prices.</P>
<P>Or if a Workeman or Laborer, con&s;pire not to worke but at certaine prices, or not to fini&s;h that which another hath begun, or that they will not do but certain labour in a day, or not labour but certain time of the day, it is inqiura|ble.</P>
<P>The forfeiture for the fir&s;t offence ten pound, and twen|ty dayes Impri&s;onment, with Bread and Water, the &s;econd offence double.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Archers.</HEAD>
<P>IN the yeare 33. <HI>H.</HI> 8. chap. 9. Every man being the Kings Subject under the age of forty years, not lame nor
<PB N="28" REF="17">having any Impediment, ought to &s;hoote in a long Bow, and &s;hall have a Bow and Arrowes as it followeth, that is to &s;ay.</P>
<P>Every Man Childe in a hou&s;e of the age of &s;even yeares to &s;eventeen yeares &s;hall have a Bow and two Ar|rowes, and at &s;eventeen yeares to forty, a Bow and foure Arrowes, none under the age of twenty foure ought to &s;hoote at Prickes nor at twelve &s;core or above with Shaft or Flight.</P>
<P>The forfeiture is &s;ix shillings eight pence for every three Months wanting the&s;e Bowes and Arrowes.</P>
<P>The Ma&s;ter or Father ought to provide for the&s;e of &s;e|ven to &s;eventeen, otherwi&s;e be &s;hall pay the forfeiture, and every Servant taking wages of &s;eventeen or upwards, &s;hall pay the forfeiture.</P>
<P>The forfeiture for &s;uch &s;hooting at Pricks is four pence the shoot, and at eleven &s;core and under, as above, &s;ix shillings eight pence the &s;hoot, by the &s;ame Statute.</P>
<P>Butts &s;hall be made in every Town upon payne of for|feiture for every three Months for default of them twenty-shillings.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Cro&s;&s;e-bowes and Hand-guns.</HEAD>
<P>NOne may &s;hoot in any Handgun, <NOTE PLACE="marg">33 <HI>H.</HI> 8. <HI>chap.</HI> 6.</NOTE> Demihake Hagbot, ot Cro&s;&s;ebow, or keep it in his hou&s;e to that intent nor otherwi&s;e, unle&s;&s;e he may di&s;pend a hundred pound upon paine to loo&s;e for every time ten pound.</P>
<P>Every per&s;on that will &s;hoot, or carry, u&s;e, or have in his Hou&s;e, or other place, any Hand-gun, other then &s;uch a one which &s;hall be in the Stock and Gun of the length of a yard, or any Hagbut, or Demy-hake, other then &s;uch as &s;hall be in the Stock and Gun, of the length of three quarters of a yard, &s;hall forfeit ten pound.</P>
<P>And every per&s;on having Lands, Fees, Annuities, or Offices, of the yearely value of a hundred pound, may &s;ei&s;e and take their Gunns afore&s;aid; and al&s;o every Cro&s;&s;e-bow of any per&s;on, not having Lands, Fees, or Offices, to the value of a hundred pound a yeare.</P>
<P>None unle&s;&s;e he have a hundred pounds by the yeare, may carry in the high waies, in his Journey, any Cro&s;&s;e|bow
<PB N="29" REF="17">bent, or Gun charged, unle&s;&s;e it be in time of Service of War upon paine of ten pound.</P>
<P>Every one which &s;hooteth in a Handgun, Demihake, or Hagbut in a City or market Town, or within one quarter of a mile of them, &s;hall forfeit ten pound for every &s;hoot.</P>
<P>If a Ma&s;ter command his Servant to &s;hoot in a Hand|gun, Demihake, Hagbut, or Cro&s;&s;e-bow, at a Deere, Foule, or other thing, unle&s;&s;e it be at a Banke, or Butt of earth, or in time of War, &s;hall forfeit ten pound.</P>
<P>But there is a Provi&s;o, that Gentlemen, Yeomen, and Servingmen of every Lord &s;pirituall and temporall, and of Knights, E&s;quires, and Gentlemen, and the Inhabitants afore&s;aid, of Cities, Burroughs, or Market Townes, to &s;hoot at any Butt or banke of earth, &s;o that the Guns be of the length afore&s;aid.</P>
<P>And the Lords, Knights, E&s;quires, Gentlemen, and the Inhabitants afore&s;aid, may al&s;o keep them to &s;hoot at Butt or Banke, and &s;o may every per&s;on (two miles di&s;tant from any Towne) keep them for defence of their Hou|&s;es.</P>
<P>Al&s;o it is lawfull for every one, charged by 4. and 5. <HI>P.</HI> and <HI>M.</HI> to finde Hagbut, to have that in his Hou&s;e.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Cordiners. <HI>5.</HI> Eliz. chap. <HI>8.</HI></HEAD>
<P>NOne ought to cut or ga&s;h any Hydes of Bull, Ox, Heyfer, or Cow, and if any Tanner offer any &s;o ga&s;hed to &s;ell, he &s;hall forfeit for every one twenty pence.</P>
<P>None &s;hall kill any Veale to &s;ell being under the age of five weeks, upon paine for every one &s;ix &s;hillings eight pence.</P>
<P>None may, together at one time, be a Butcher and a Tanner, upon paine of &s;ix &s;hillings eight pence.</P>
<P>No Tanner &s;hall be a Shoomaker, Currier, or Butcher at one time, upon pain to loo&s;e the leather wrought, or the value.</P>
<P>Nor Tanner tan any hide of a Bull, Hor&s;e hide, Sheep|skin, upon paine of forfeiting the &s;ame.</P>
<P>No per&s;on may cut any Oake apt to be barked, where the barke is of the value of two &s;hilling the loade, but be|tween
<PB N="30" REF="18">the fir&s;t day of <HI>Aprill</HI> and the la&s;t of <HI>June,</HI> unle&s;&s;e it be for building or repairing of a Hou&s;e, upon paine of the lo&s;&s;e thereof and the double value.</P>
<P>None may buy any rough hides in the haire, but the Tan|ner, but &s;alt hides for Ships.</P>
<P>No Currier ought to curry any leather in the Hou&s;e of any Shoomaker.</P>
<P>And none ought to curry leather ill tanned.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Crow-nets. <HI>24</HI> H. <HI>8.</HI> chap. <HI>10.</HI></HEAD>
<P>IT is inquirable if there be no Crow-nets, the Lord &s;hall have the halfe of ten &s;hillings, which &s;hall be forfeited by the Pari&s;h or the Town, for default of having them, for this Statute is revived by 8. <HI>Eliz.</HI> chap. 15.</P>
<P>And the Statute of 14. <HI>H.</HI> 8. is, if Inhabitants of any Pa|ri&s;h, where there are ten Hou&s;holders dwelling at the lea&s;t, and do not provide Nets to take Crowes, Choughs, and Rookes, and keep and <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">enew the &s;ame netts when oc|ca&s;ion &s;hal be, and lay that with a &s;hrape of chaff to take the Crowes, <HI>&amp;c.</HI> they &s;hall forfeit ten &s;hillings to the Queen and Lord of the Leete.</P>
<P>Or if Crow-ne&s;ts are not thrown down in the begin|ing when they begin to breed, they &s;hall be amerced.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Frie of Fi&s;h, <HI>10</HI> Eliz. chap. <HI>17.</HI></HEAD>
<P>NOne ought to take and de&s;troy any young broode or Fry of Fi&s;h in any waters or Rivers, &s;alt or fre&s;h, nor kill any Trouts or Salmons out of &s;ea&s;on, and the forfei|ture of every branch of this Statute is twenty &s;hillings.</P>
<P>None may kill or take any Pike or Pickrell not being in length ten inches Fi&s;h or more, nor any Salmon unle&s;s in length &s;ixteen inches Fi&s;h or more, nor any Trout not in length eight inches or more, nor any Barble not in length twelve inches or more.</P>
<P>None ought to take any Fi&s;h with any manner of net, nor with any other engine or devi&s;e (angling excepted) but onely with a Net or Tramaile, whereof every mea&s;h &s;hall be two inches and a half in breadth.</P>
<P><PB N="31" REF="18">Al&s;o where Smelts, Loches, Mynds, Bullheads, Gud|geons, and Eeles, have been u&s;ed to be taken, it &s;hall be there lawfull to u&s;e &s;uch a net, as they have u&s;ed before for that purpo&s;e.</P>
<P>Note that the Steward of the Leet ought to charge the Jury of offences made again&s;t this Act, otherwi&s;e he &s;hall forfeit forty &s;hillings, and if the Jury conceale any thing, then he may impannell another Jury, to inquire of their concealement, and if that be found, they &s;hall forfeit twenty &s;hillings to the Lord of the Mannor.</P>
<P>If any by day or night, breake or de&s;troy the head or dam of any Pond, Poole, Mote, Stanke, Stewe, or &s;everall Pit in which is the Lords Fi&s;h, to the intent to &s;teale the Fi&s;h, he &s;hall pay to the Lord treble damages, and &s;hall be impri&s;oned three Moneths, and after to find &s;urety for &s;e|ven yeares for his good behaviour.</P>
<P>Note, this Statute is generall, <NOTE PLACE="marg">5. <HI>Eliz. chap.</HI> 21.</NOTE> every one to have reme|dy.</P>
<P>The &s;ame Law is for Deere cha&s;ed out of the Lords Lands enclo&s;ed, or killing any Deere of the Lords. And taking of any Haukes in his Land, or eggs of them, he &s;hall have the &s;ame puni&s;hment by the &s;ame Sta|tute.</P>
<P>13. <HI>Eliz.</HI> chap. 10. provideth, and is inquirable, If any kill or de&s;troy any Phe&s;ant or Partridge, with any Ner, Snares, Ginns, or devi&s;es in the night, That he &s;hall for|feit for every Phe&s;ant twenty &s;hillings, and for every Par|tridge ten &s;hillings, one halfe to the Lord of the Mannor where it is, and the other to the Informer: And that none Hauke or Hunt with Spaniells in any Land where is Corne or other Graine then growing, (unle&s;s it be in his own Land) at &s;uch time as any eared or codded Corne &s;hall be then growing upon the &s;ame Land, before the &s;ame be &s;hocked, hiled, or cocked upon paine of forty &s;hillings to the party.</P>
<P>Al&s;o it isinquirable, if a Fi&s;her for his part do his duty in bringing Fi&s;h to the Market which is good and whole|&s;ome for men, not corrupt, and that he &s;ell the &s;ame at rea|&s;onable prizes and without taking exce&s;&s;ive gaines, <HI>&s;cilicet,</HI> for every twelve pence be&s;towed &s;hal have but cleere gain one penny, and if it be &s;tinking, that it be burnt openly forthwith.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="32" REF="19">
<HEAD>Games unlawfull, <HI>33</HI> H. <HI>8.</HI> chap. <HI>9.</HI></HEAD>
<P>NOne for his lucre or gain ought to keep any Hou&s;e, Alley, or place of Bowling, Dicing, Tabling, Card|ing, Tennis, or other unlawfull Gaming, upon pain every day forty &s;hillings.</P>
<P>And every per&s;on u&s;ing the &s;ame to loo&s;e for every time &s;ix &s;hillings eight pence.</P>
<P>And if the Con&s;tables and Baili&s;ts do not make &s;earch every Moneth, they &s;hall be amerced forty &s;hillings the Moneth.</P>
<P>No Artificer, Husbandman, Handycrafts man, Appren|tice, Journyman, or Servant of an Artificer, Marriners, Fi&s;hermen, Watermen, or any Servingman, ought to play at any unlawfull Games afore&s;aid, but at Chri&s;tmas time upon paine to loo&s;e twenty &s;hillings for every time, and in the Chri&s;tmas to play in their Ma&s;ters Hou&s;es, <NOTE PLACE="marg">Noble men.</NOTE> or in their pre&s;ence.</P>
<P>No per&s;on ought to bowle in any place out of his Garden or Orchard, paine &s;ix &s;hillings eight pence.</P>
<P>But it is lawfull for Noble men, and every one that may di&s;pend a hundred pound <HI>per an.</HI> in Lands, or profits for life to licence their Servants and others coming to their Hou|&s;es, to play at Bowles, Cards, Dice, and other unlawfull Games, and ought not to undergo the penalty of this Sta|tute.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Hor&s;es, <HI>32.</HI> H. <HI>8.</HI> Chap. <HI>13.</HI></HEAD>
<P>NO Stone-Hor&s;e being of the age of two yeares, un|le&s;s he be foureteen handfull high, &s;hall be put to pa|&s;ture in any common, forre&s;t or cha&s;e, upon paine of for|feiting the &s;ame Hor&s;e.</P>
<P>The &s;aid Lands ought to be yearly driven at Michael|ma&s;s, by the Lord, Tithingman, Con&s;tables, <HI>&amp;c.</HI> or with|in fifteen dayes after, upon the paine of forty &s;hillings, and if upon the &s;aide driving, there be found, any Filly or Fole or Gelding not able to beare Foles, or not able to worke, the &s;ame &s;hall be kild and buried.</P>
<P><PB N="33" REF="19">None ought to put upon a Common any Hor&s;e, Mare, or Gelding, infected with Scab or Mange, upon paine of forfeiting ten &s;hillings.</P>
<P>Note, that the pre&s;entment again&s;t this Statute, ought to be certified by the Steward at the next Se&s;&s;ions of the Peace, upon paine that he &s;hall forfeit forty &s;hil|lings.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Hue and cry. <HI>18.</HI> Ed. <HI>2.</HI></HEAD>
<P>ALL commonly are taken and called at the Summons of the Sheriffs, and at the cry of the Country, to pur|&s;ue and arre&s;t the Felons, when occa&s;ion &s;hall be, as well within Liberties as without, 3. <HI>Edw.</HI> 3. chap. 9.</P>
<P>And if the Robbers e&s;cape, the hundred with the Li|berties thereof, &s;hall make recompence to the party rob|bed within halfe a yeare after the Robbery committed, <HI>Winton</HI> 13. <HI>Edw.</HI> 1. chap. 2. And if it be upon the bor|ders of the Hundred, then both Hundreds &s;hall make re|compence.</P>
<P><HI>We&s;tmin&s;ter</HI> 1. chap. 9. To take Felons, the Statute will that all commonly be ready at the commandement and at the Summons of the Sheriff, and at the cry of the Country, to pur&s;ue, to arre&s;t Felons, when occa&s;ion &s;hall be, as well within Liberties as without, and &s;hall give a Fine to the King for not doing. See the Statute of <HI>Winton</HI> in the time of <HI>Edw.</HI> 1.</P>
<P>The Office of the Crown, title Coroners 2. Have power to inquire if Hue and Cry be made, and if all fol|low the Hue and Cry, and he that doth not, and upon this is convicted, he &s;hall be attached to appeare before the Ju&s;tices of the Goale delivery.</P>
<P>21. <HI>Edw.</HI> 1. If a Forre&s;ter, Park-keeper, or Warrener, &s;hall finde Malefactors wandring to make &s;ome dammage there, after the Hue and Cry rai&s;ed to the Peace of the King, they that will not &s;tand and yeeld them&s;elves, but to execute their malice and to continue it, and to the di|&s;turbance of the Kings Peace do fly away, and by force and armes defend them&s;elves; If they &s;hall kill the&s;e Ma|lefactors, they &s;hall not for this occa&s;ion be called before the King and the Ju&s;tices.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="34" REF="20">
<HEAD>High Waies, <HI>2.</HI> &amp; <HI>3.</HI> P. &amp; M. chap. <HI>8.</HI></HEAD>
<P>FOr amending of High Waies to Markets, &s;hall be cho|&s;en Tue&s;dayes or Wedne&s;dayes in the weeke of <HI>Ea&s;ter,</HI> two Surveyors, and if any cho&s;en refu&s;e, the paine is twenty &s;hillings, and by that Statute every Laborer ought foure dayes to worke, and their dayes shall be appointed the next Sunday following in the Church, and to be made before Mid&s;ummer.</P>
<P>He which hath a Carve of Land or pa&s;ture, or a Cart, &s;hall be there foure daies with it and two men, upon paine of ten &s;hillings a day.</P>
<P>And every Hou&s;e-keeper, Cottiger, and Laborer, not being hired Servants by the yeare, &s;hall be there foure daies upon the paine of twelve pence a day, and ought to labour eight houres in the day.</P>
<P>Provided that every one before charged, <NOTE PLACE="marg">5 <HI>Eliz. ch.</HI> 13.</NOTE> labour 6. daies, and that giveth Liberty to take Rubbish, &s;mall &s;tones of quarries, &s;and, gravell, or Synders, and to gather &s;tones upon other mens Lands, and provideth liberty to turne the cour&s;e of Waters out of the Highwaies, and that Ditches of every part of the Highwaies be &s;cowred by them adjoyning, <NOTE PLACE="marg">8 <HI>H.</HI> 7. <HI>fol</HI> 8.</NOTE> and that Trees, Hedges, and Bushes, be cut by the owners, which grow adjoyning to the High|waies, <NOTE PLACE="marg">18 <HI>Eliz. chap.</HI> 9.</NOTE> according to the Statute of 5. <HI>Eliz.</HI> by which the waies ought to be opened, and the People to have ready pa&s;&s;age.</P>
<P>Every one chargeable as a Cottiger by former Law, and a&s;&s;e&s;&s;e in goods at five pound or forty shillings in Lands (if he dwell not in <HI>London</HI>) shall finde two men every one of the &s;ix daies.</P>
<P>And if one dwell in one parish and hath part of a Carve of Land there, and part in another parish, he shall finde a Cart where he dwelleth.</P>
<P>And if one have two plough Lands in two &s;everall pari|shes, he shall finde in every one a Cart.</P>
<P>Paine ten shillings for not &s;cowring of Ditches and cut|ting Bushes according to the Statute, fifth yeare of <HI>Eliza|beth.</HI></P>
<P>Paine twelve pence the Rod for not ditching and &s;cow|ring
<PB N="35" REF="20">Ditches, paine for ca&s;ting out that which is &s;cowred in Ditches into the High way, for every loade twelve pence.</P>
<P>The halfe of all forfeitures by the&s;e Statutes &s;hall be to the Church-wardens to be&s;tow upon waies. <NOTE PLACE="marg">Wardens of the Church.</NOTE></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Hats and Caps, <HI>13.</HI> Eliz. chap. <HI>16.</HI></HEAD>
<P>EVery per&s;on within the age of &s;ix yeares, ought to u&s;e upon the Sabboth and Holy daies, if it be not in the time of their Travell out of the Town, upon their Head a Cap of Wooll made and dre&s;&s;ed in <HI>England.</HI></P>
<P>Except
<LIST>
<ITEM>Maydens.</ITEM>
<ITEM>Dames.</ITEM>
<ITEM>Madams and Gentlewomen.</ITEM>
<ITEM>Noble Per&s;onages.</ITEM>
<ITEM>Every Lord and Knight.</ITEM>
</LIST></P>
<P>Gentlemen of twenty Marks, and their heires, &s;uch which are in any Office of wor&s;hip in City or County. Are excep|ted al&s;o.</P>
<P>Wardens of wor&s;hipfull Companies in <HI>London.</HI> Are excep|ted al&s;o.</P>
<P>The Forfeiture is three &s;hillings foure pence the day, one halfe to the Lord of the Leet, the other to the Poore.</P>
<P>Al&s;o the Parents, Gardians, Governours, and Ma&s;ters ought to pay the Forfeiture for their Children, Ser|vants, and Wards, 21. yeares till they be out of their charge.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Hempe.</HEAD>
<P>IF any water any Hempe or Flax in any River, <NOTE PLACE="marg">33 H. 8. <HI>chap.</HI> 13.</NOTE> running|water, &s;treame, or any other common Pond or water, where Bea&s;ts are u&s;ed to be watred, but only upon the Land where pits appointed for the &s;ame, or otherwi&s;e in the &s;everall Ponds, they &s;hall forfeit twenty &s;hillings, and remedy given to &s;ue for the &s;ame in a Leet by Action of Debt, bill, plaint, information, or otherwi&s;e.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="36" REF="21">
<HEAD>Mu&s;ters, <HI>4.</HI> and <HI>5.</HI> P. and M. chap. <HI>3.</HI></HEAD>
<P>HE that refu&s;eth to come to Mu&s;ters before any per&s;on authori&s;ed to take it, &s;hall be impri&s;oned for ten daies, if he do not pay to the Queen forty &s;hillings: And if any per&s;on appointed to take Mu&s;ters, receive any Money to relea&s;e any appointed to &s;erve, he &s;hall forfeit ten times as much as he receives.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Mortmayne, <HI>7.</HI> E. <HI>1.</HI> We&s;t. <HI>2.</HI> c. <HI>32.</HI></HEAD>
<P>NO man entred into Religion, or other what&s;oever, to buy or &s;ell Lands or Tenements, or under colour of gift, or Tearm, or by rea&s;on of any others title what&s;oever, to receive Lands or Tenements of any body, or by any o|ther Art or Wit, to pre&s;ume to appropriate it unto him|&s;elfe, upon the forfeiture thereof, by which the Lands and Tenements afore&s;aid &s;hould come to Mortmain by any meanes. If any &s;hall do contrary to this Statute, it is law|full to the cheife Lord of the Fee, within a yeare, from the time of the alienation thereof, to enter and to hold in fee and Inheritance, and if the cheife Lord be negligent, then the next cheife Lord may enter within halfe a yeare after, and &s;o every Lord &s;hall have halfe a yeare till it come to the King.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Riots, <HI>1.</HI> M. <HI>1.</HI> chap. <HI>12.</HI></HEAD>
<P>IF any per&s;ons to the number of twelve a&s;&s;emble unlaw|fully, to alter and change Lawes, to breake Enclo&s;ures, Bankes, Conduits, Stankes, Fi&s;hponds, Hou&s;es, Barnes, or to burne Stackes of Corne, or &s;uch like Riots, and Pro|clamation be made by the Sheriffe or Ju&s;tice of Peace, and notwith&s;tanding they remaine together by the &s;pace of an houre, after the Proclamation made, every &s;uch at|tempt is Felony, every Coppy-Holder being a Yeoman, Husbandman, or Labourer, being of the age of eighteen years, or under forty, not &s;ick, nor having rea&s;onable excu&s;e,
<PB N="37" REF="21">and being required by the Ju&s;tice, Sheriff, or his Immedi|diate Lord, to &s;erve, to apprehend the per&s;ons afore&s;aid, and refu&s;e, he &s;hall forfeit his E&s;tate during his Life, and his Lord may enter.</P>
<P>The Farmor being a Yeoman, and refu&s;ing, is in the &s;ame ca&s;e to his Landlord.</P>
<P>Al&s;o it is Felony if a Man, Woman or Servant, or other per&s;on without compul&s;ion, bring, &s;end, or deliver, any Mo|ney harne&s;s, Artillery, Weapons, or Victualls, to any per|&s;ons a&s;&s;embled in &s;uch manner, and not depart to their Hou&s;es upon Command, or Proclamation made, as is afore|&s;aid, and if any number be&s;ides the number of tho&s;e which are a&s;&s;embled, and upon Proclamation made, do not de|part, Ju&s;tice of Peace, or cheife Officers of the City or Burrough corporate, may rai&s;e power to &s;uppre&s;&s;e them.</P>
<P>And if any Officer kill any of tho&s;e rebellious per&s;ons, or maim them, they &s;hall be free.</P>
<P>Al&s;o if any per&s;on knowing &s;uch pretended rebellion, and do not reveale the &s;ame within twenty houres after &s;uch knowledge had of it, he &s;hall be impri&s;oned by the &s;pace of three Moneths without Baile or Mainpri&s;e, un|le&s;s he be otherwi&s;e di&s;charged by the Ju&s;tice of the Peace.</P>
<P>Al&s;o if any refu&s;e, being able to &s;uppre&s;s &s;uch Offen|dors, he &s;hall &s;uffer Impri&s;onment for a year without Baile or Mainpri&s;e.</P>
<P>Al&s;o if any hinder or let, that Proclamation cannot be made, this is Felony.</P>
<P>Note that this Statute ought to be read or openly de|clared in every Leet.</P>
<P>10. <HI>H.</HI> 7. <HI>fol.</HI> 12. If one come and enter into Land, with more then is accu&s;tomed to have attending upon him, that &s;hall be &s;aid with force.</P>
<P>21. H. 7. <HI>fol.</HI> 39. One may make an a&s;&s;embly of People in his Hou&s;e to aid him, for that it is his Ca&s;tle, but not to go to Market, although he be threatned.</P>
<P>17. <HI>Edw.</HI> 4. <HI>fol.</HI> 4. Where there is an a&s;&s;embly in manner of War, and no Act done, it is no a&s;&s;ault by <HI>Pigot,</HI> if they draw no Weapon, <HI>&amp;c.</HI> Quere.</P>
<P>Riot is not, unle&s;s three at lea&s;t, which do an unlawfull act.</P>
<P><PB N="38" REF="22">An unlawfull a&s;&s;embly, is, if the People a&s;&s;emble them|&s;elves together, for an ill purpo&s;e, though they do no|thing.</P>
<P>Rout is, where there a&s;&s;emble a number, and after march or ride, or go apart, or move to ill in their own quarrells, though there be no act done, title five in <HI>Mar|rows</HI> reading, as to throw down inclo&s;ures in their quar|rell, this is a Rout.</P>
<P>14. H. 7. <HI>fol.</HI> 28. If a Di&s;&s;ei&s;or have a po&s;&s;e&s;&s;ion by three yeares, and holdeth with force, Action upon the Statute of 8. H. 6. doth not lie again&s;t him, but he may be indicted upon that Statute, for this is for the King.</P>
<P>7. <HI>Ed.</HI> 4. <HI>fol.</HI> 18. Indictment of forcible entry upon the Statute of the eighth yeare of H. 6. was removed into the Kings Bench; and the Ju&s;tices there might well award Re&s;titution, as the Ju&s;tices of Peace might have before them, 4. <HI>H.</HI> 7.19. 32. <HI>H.</HI> 6. <HI>fol.</HI> 2. Saith in forcible entry, where the Defendant pleads Title, that they ought to tra|ver&s;e, (without that) he entred with force; &s;ee, 1. <HI>H.</HI> 7. <HI>fol.</HI> 19.</P>
<P>7. <HI>H.</HI> 6. <HI>fol.</HI> 14. Pre&s;entment of the forcible entry, the Defendant pleads to the (force and armes) not guily, and it is not good, but he ought to plead over to the De&s;&s;ei&s;in but in Tre&s;pa&s;s not guilty is good.</P>
<P>15. <HI>H.</HI> 7. <HI>fol.</HI> 17. Where the Plaintiff maketh title and traver&s;eth the Bar, and the title is found for the Plaintiff, they &s;hall not inquire of the force, for it is implied, and &s;o if the Bar be not found.</P>
<P>1. <HI>H.</HI> 7. <HI>f.</HI> 19. If the Title be found, they need not, nor ought not to inquire of the force, and for that that the Plain|tiff alledgeth that <HI>J. S.</HI> the Defendant entred with ten per|&s;ons, and doth not name their names, it is uncertaine and not good.</P>
<P>2. <HI>H.</HI> 7. <HI>fol.</HI> 16. It is &s;aid, that if one di&s;&s;ei&s;eth another to the u&s;e of two, that they two are Di&s;&s;ei&s;ors by their a|greement afterwards, not with force, and if it be found a|gain&s;t the Di&s;&s;ei&s;or, he &s;hall be attaint of force.</P>
<P>6. <HI>H.</HI> 7. <HI>fol.</HI> 12. Forcible entry upon points of the Statute, the Defendant pleads not guilty, and found by Verdict, that he entred peaceably and not with force, and for the Statute is in di&s;junctive the plaintiff &s;hall recover, 3. <HI>Ed.</HI> 4. <HI>fol.</HI> 20.10. <HI>Ed.</HI> 4. <HI>fol.</HI> 13.</P>
<P><PB N="39" REF="22">10 <HI>H.</HI> 7. <HI>fol.</HI> 14. It &s;eemeth a Tenant for yeares &s;hall not have an Action upon the Statute, of 8. H. 6. For it is in the realty, and one cannot be Impannelled, for that he can|not expend forty &s;hillings by the year, 3. <HI>Ed.</HI> 4. <HI>fol.</HI> the la&s;t, 8. <HI>Ed.</HI> 4. <HI>fol.</HI> 9.</P>
<P>11. <HI>H.</HI> 7. <HI>fol.</HI> 15. Feoffment with warranty, and rely upon warranty, it is good upon the Statute of 8. <HI>H.</HI> 6. for it is in the realty, but not upon the Statute, 1. <HI>H.</HI> 7. <HI>fol.</HI> 12.9. <HI>H.</HI> 6. <HI>fol.</HI> 19.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Queen, and a&s;&s;urance of her Power.</HEAD>
<P>IN the yeare 5. <HI>Eliz.</HI> chap. 1. If any extoll or &s;et forth the authority of the Bi&s;hop of <HI>Rome,</HI> again&s;t the form of this Statute, he runs into a <HI>Premunire.</HI> And this Statute is to be read and declared in the Leer.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tracing of Hares, <HI>18.</HI> H. <HI>8.</HI> chap. <HI>11.</HI></HEAD>
<P>NOne may Trace, de&s;troy, or kill Laveret in the &s;now, with Dog, Bitch, or otherwi&s;e, and who doth &s;o, &s;hall forfeit &s;ix &s;hillings eight pence.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Wines, <HI>7.</HI> Edw. <HI>6.</HI> chap. <HI>5.</HI></HEAD>
<P>NO per&s;on may utter by retaile by &s;mall mea&s;ure, any <HI>Ga&s;coigne</HI> Wines, or <HI>French</HI> Wine, but after the Rate of eight pence the gallon at the mo&s;t, nor any <HI>Rochell</HI> Wine but after the Rate of four pence the gallon, nor any other Wine at a higher price then twelve pence the gallon at the mo&s;t, upon the paine of five pound every offence.</P>
<P>None &s;hall have a ve&s;&s;ell of Wine in his Hou&s;e above ten gallons, to &s;pend there, unle&s;s he be worth a thou&s;and Markes in Goods, or a hundred Markes in Lands, or be the Son and Heire of a Duke, Marque&s;s, Earle, or Lord, upon the paine of ten pound.</P>
<P>Note, that Vintners of <HI>London</HI> have a toleration for them and others authori&s;ed by them, by Letters Patents from the King for diver&s;e yeares to come to di&s;pence
<PB N="40" REF="23">with them, that they &s;hall not &s;ell according to the price compri&s;ed in the Statute.</P>
<P>Now if all the defaults and paines which were pre|&s;ented at the la&s;t Leet, are amended or not as they ought, and pre&s;ent them, and of them and of all other matters and defaults, common annoyance to the Common-wealth, you &s;hall inquire of and pre&s;ent.</P>
<P>Then after this charge is given, the Steward &s;hall com|mand the Cryer to make Proclamation, and after Pro|clamation made, three times, then the Steward &s;hall &s;ay.</P>
<P>If any can informe the Steward, or the Jury, of any petty Trea&s;on, Felony, petty Larcinie, Annoiances, or Blood-&s;hed, Pound broken, or of Re&s;cous, or of any other thing made again&s;t the Peace, or of any per&s;on of com|mon ill behaviour within the Leet, or any workmen u|&s;ing common deceit, or of any common Mi&s;demeanour of any Officer, or other per&s;on there, or of any Weife, E|&s;trey, Trea&s;ure found, or of any other thing here inqui|rable, come you in and you &s;hall be heard.</P>
<P>Then if any come in, let him be &s;worn to give evidence to the Jury.</P>
<P>And after that, the Steward &s;hall &s;ay to the Jury, go to|gether, and inquire ye of the matter of your Charge, and when you are agreed, I &s;hall be ready to take your Verdict.</P>
<TRAILER>The end of the Charge.</TRAILER>
</DIV2>
<DIV2 TYPE="part">
<HEAD>A breviate of the Charge.</HEAD>
<P>HEre followeth a breviate of the Charge, which will &s;uffice for the Steward, which is perfect in the Charge, for his remembrance is &s;ufficient.</P>
<P>And fir&s;t, what Articles are inquirable by the Statute, 18. <HI>Ed.</HI> 2. <HI>fol.</HI> 82. Which follow.</P>
<P><HI>Fairfax,</HI> 22. <HI>Ed.</HI> 4. <HI>fol.</HI> 82. Which follow, &s;aith, There is no Statute, but reher&s;all of Lawes inquirable in Leet.</P>
<LIST>
<PB N="41" REF="23">
<ITEM>Petty Trea&s;on,
<LIST>
<ITEM>As clipping of Money.</ITEM>
<ITEM>And fal&s;ifying Money.</ITEM>
</LIST></ITEM>
<ITEM>Felonies,
<LIST>
<ITEM>As common Theeves.</ITEM>
<ITEM>Receivers of Felons.</ITEM>
<ITEM>Of &s;mall Theeves, as of Sheep, Hens, and Corne &s;tolne.</ITEM>
</LIST></ITEM>
<ITEM>E&s;cape,
<LIST>
<ITEM>Of Theeves, and men impri&s;on|ed, and let goe without war|ranty.</ITEM>
</LIST></ITEM>
<ITEM>Rape,
<LIST>
<ITEM>Of ravishing a Woman which is not pre&s;ented before the Coroner.</ITEM>
</LIST></ITEM>
<ITEM>Sutors, that is to &s;ay,
<LIST>
<ITEM>Re&s;iants which owe &s;ute royall.</ITEM>
<ITEM>And capital pledges and Deciner,</ITEM>
<ITEM>Of the&s;e of twelve years and not &s;worne.</ITEM>
</LIST></ITEM>
</LIST>
<P>Cu&s;tomes and Services forborne.</P>
<P>Annoyances made in Lands, Woods, and Waters, of Walls, Hou&s;es, Ditches, Hedges, made or pulled downe to the annoyance of the people.</P>
<P>Of Wayes and Paths taken away or &s;topped; of Waters wrong turned, or &s;topt, or taken away; of corrupters of Water by Lyme, Flax, <HI>&amp;c.</HI></P>
<LIST>
<ITEM>III per&s;ons for the Common wealth.
<LIST>
<ITEM>Of them that go of errands for Theeves.</ITEM>
<ITEM>Of common breakers of Hedges.</ITEM>
<ITEM>Of maintainers and keepers of Bawdry.</ITEM>
<ITEM>Of tho&s;e which &s;leepe in the day, and walke in the night, and have nothing to live on.</ITEM>
<ITEM>Of tho&s;e which daily haunt Taverns, and have nothing to live on.</ITEM>
<ITEM>Of tho&s;e which catch Pigeons in the Winter with Nets or Ingins.</ITEM>
</LIST></ITEM>
<ITEM>Tre&s;pa&s;&s;e.
<LIST>
<ITEM>Of blood &s;pilt.</ITEM>
<ITEM>Of Play made.</ITEM>
<ITEM>Of common Barretors and Scolds.</ITEM>
<ITEM>Of breaking the common Pound.</ITEM>
<ITEM>Of outcries again&s;t Lawes.</ITEM>
</LIST></ITEM>
<ITEM><PB N="42" REF="24">Mi&s;demea|nour of Offi|cers.
<LIST>
<ITEM>Of re&s;cuing from the Officer of the King.</ITEM>
<ITEM>Of Con&s;table which keepeth not the peace. Bayliffe, Purveyor.</ITEM>
</LIST></ITEM>
<ITEM>Con&s;table,
<LIST>
<ITEM>Apprehend Felons.</ITEM>
<ITEM>See the Watch kept.</ITEM>
<ITEM>That he arre&s;t men armed.</ITEM>
</LIST></ITEM>
<ITEM>For good Government, let there be
<LIST>
<ITEM>Stocks.</ITEM>
<ITEM>Pillory.</ITEM>
<ITEM>Cucking&s;toole.</ITEM>
</LIST></ITEM>
<ITEM>Su&s;pect Per&s;ons,
<LIST>
<ITEM>Vagabonds, and</ITEM>
<ITEM>Rogues.</ITEM>
</LIST></ITEM>
<ITEM>A&s;&s;i&s;e of bread and Beere,
<LIST>
<ITEM>Inholders.</ITEM>
</LIST></ITEM>
<ITEM>Of fal&s;e mea&s;ures, <NOTE PLACE="marg">Deceit in Artificers.</NOTE> of Butchers.</ITEM>
<ITEM>Fal&s;e Ballance and weights, of Victualers.</ITEM>
<ITEM>Double mea&s;ures and weights, of Millers.</ITEM>
<ITEM>Trea&s;ure found of Outlawes.</ITEM>
<ITEM>Of Hue and Cry rai&s;ed, and not pur&s;ued.</ITEM>
<ITEM>Of flyers to Sanctuaries and Churches. <NOTE PLACE="marg">Profits for the King, and &s;ome for the Lord.</NOTE></ITEM>
<ITEM>Goods of Felons.</ITEM>
<ITEM>E&s;treys and Weifes, <HI>Scilicet,</HI> If they flye.</ITEM>
<ITEM>Exigents upon Indictments.</ITEM>
<ITEM>Felony.</ITEM>
<ITEM>Common Fine.</ITEM>
</LIST>
<P>The&s;e Articles en&s;uing, are inquirable by expre&s;&s;e words of the Statutes here en&s;uing; that is to &s;ay, Ap|prentice which hath not Land to the value of twenty Shillings, 7 <HI>H.</HI> 4. <HI>chap.</HI> 17.</P>
<P>Apparrell, by 24 <HI>H.</HI> 8. <HI>chap.</HI> 13. and by 1. &amp; 2. <HI>Phil. &amp; Mary, chap.</HI> 2.</P>
<P>Artificers, by 2 <HI>Edw.</HI> 6. <HI>chap.</HI> 15. and by 24 <HI>H.</HI> 8. <HI>c.</HI> 12.</P>
<P>Archers, by 33 <HI>H.</HI> 8. <HI>chap.</HI> 9.</P>
<P>Butts, by 33 <HI>H.</HI> 8. <HI>chap.</HI> 9.</P>
<P>Cro&s;&s;e-bowes and Hand-guns, by 33 <HI>H.</HI> 8. <HI>chap.</HI> 6.</P>
<P>Shoomakers and Tanners, by 5 <HI>Eliz. chap.</HI> 8.</P>
<P><PB N="43" REF="24">Crow-Nets, by 24 <HI>H.</HI> 8. <HI>chap.</HI> 9.</P>
<P>Frie of Fish, by 1. <HI>Eliz. chap.</HI> 17. and by 5. <HI>Eliz. chap.</HI> 21.</P>
<P>Games unlawfull, by 33 <HI>H.</HI> 8. <HI>chap.</HI> 10.</P>
<P>Hor&s;es, by 32 <HI>H.</HI> 8. <HI>chap.</HI> 13.</P>
<P>Hue and Cry, by 18 <HI>Edw.</HI> 2.</P>
<P>High wayes, by 2. &amp; 3. <HI>Phil. &amp; Mary,</HI> and by 5. and 18 <HI>Eliz.</HI></P>
<P>Hats and Caps, by the 13 <HI>Eliz. chap.</HI> 19.</P>
<P>Hemp and Flax, by 33 <HI>H.</HI> 8. <HI>chap.</HI> 17.</P>
<P>Mu&s;ters, by 4. and 5. <HI>P.</HI> and <HI>M.</HI> chap 3.</P>
<P>Mortmaine, by 7. <HI>Ed.</HI> 1. <HI>Ra&s;tal</HI> 3.</P>
<P>Riots, by 1. <HI>Mary</HI> chap. 12.</P>
<P>Takers of the King, by 20. <HI>H.</HI> 6. chap. 8.</P>
<P>Tracing Hares, by 14. <HI>H.</HI> 8. chap. 10.</P>
<P>Wines, by 7. <HI>Ed.</HI> 6. chap. 5.</P>
<P>Waifes and Straies, Goods of Felons.</P>
<P>Decayed Hou&s;e of Husbandry, for the benefit of the King and Lord of the Mannor 4. <HI>H.</HI> 7. chap. 19.50. <HI>Eliz.</HI> c. 2.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Then let us &s;ee what things are argued and allowed in our Bookes to be inquirable in Leet, and what not.</HEAD>
<P>FIr&s;t, Things at the common Law are inquirable, and not defended by Statute, unle&s;s that the Statute maketh mention by expre&s;&s;e words, what are inquirable, 1. <HI>R.</HI> 3. <HI>fol.</HI> 1.3. <HI>H.</HI> 7. <HI>fol.</HI> 1.6. <HI>H.</HI> 7. <HI>fol.</HI> 4. and 11. <HI>H.</HI> 7. <HI>fol.</HI> 22. the &s;ame.</P>
<P>Petty Trea&s;on is inquirable, but as Felony at the com|mon Law, 6. <HI>H.</HI> 7. <HI>fol.</HI> 4. It is &s;aid, that Trea&s;on, <NOTE PLACE="marg">Petty Trea&s;on.</NOTE> as forging of Money is inquirable, 9. <HI>H.</HI> 6. <HI>fol.</HI> 44. Clipping of Gold and Silver are inquirable, 22. <HI>Ed.</HI> 4. <HI>fol.</HI> 22.</P>
<P>Petty Trea&s;on and ancient Felonies, that is to &s;ay, Felo|nies, at the Common Law but not the death of a man. <NOTE PLACE="marg">Fellonies.</NOTE></P>
<P>And Rape as Felony, is not inquirable but as Tre&s;pa&s;s, 7. <HI>H.</HI> 6. <HI>fol.</HI> 13.6. <HI>H.</HI> 7. <HI>fol.</HI> 4.</P>
<P>Pre&s;entment in Leet of Felonies, <NOTE PLACE="marg">Rape.</NOTE> at the common Law is good, but pre&s;entment there of Felonies by the Statute is not good, 22. <HI>Ed.</HI> 4. <HI>fol.</HI> 22. <NOTE PLACE="marg">Felonies.</NOTE></P>
<P>You cannot inquire there of the Death of a man, 41. booke of A&s;&s;i&s;es 30, and the Lord which inquires of that &s;hall be fined forty &s;hillings. <NOTE PLACE="marg">Death.</NOTE></P>
<P>You may inquire there of all Felonies at the Common Law, but not of the death of a man, 22. <HI>Ed.</HI> 4. <HI>fol.</HI> 22.</P>
<P><PB N="44" REF="25">You may inquire there of all Felonies at the Common Law, and not of Felonies by Statute, unle&s;&s;e it be by ex|pre&s;s words given, 6. <HI>H.</HI> 7. <HI>fol.</HI> 4.11. <HI>H.</HI> 7. <HI>fol.</HI> 22.</P>
<P>The Steward may certifie pre&s;entment of Felony taken in Leet before him, at the next Se&s;&s;ions, 27. <HI>H.</HI> 7. <HI>fol.</HI> 2.8. <HI>H.</HI> 4. <HI>fol.</HI> 18.</P>
<P>Of Felonies and Fraies, <NOTE PLACE="marg">Tre&s;pa&s;&s;e.</NOTE> are inquirable, 10 <HI>H.</HI> 6. <HI>fol.</HI> 7.</P>
<P>Adjudge, that a&s;&s;ault upon a per&s;on only is not inqui|rable there, but of Blood&s;hed it is, 8. <HI>Ed.</HI> 4. <HI>fol.</HI> 5. and 4. <HI>H.</HI> 6. <HI>fol.</HI> 9. Common Nu&s;ance to a number of men is in|quirable, but not an a&s;&s;ault made to one, but Frayes.</P>
<P>If a Stranger make a Fray within the Leet, and be not taken, the Deciners &s;hall be amerced and it is inquirable there, 50. <HI>Ed.</HI> 3. <HI>fol.</HI> 5.</P>
<P>Blood&s;heds are inquirable, 1. <HI>R.</HI> 3. <HI>fol.</HI> 1.22 <HI>Ed.</HI> 4. <HI>fol.</HI> 22. the &s;ame.</P>
<P>Pre&s;entment that one hath received one by the yeare into his &s;ervice, <NOTE PLACE="marg"><HI>Age of</HI> 12 <HI>yeares not &s;worne.</HI></NOTE> not &s;worn to the Queen, is good, and he &s;hall be amerced 41 <HI>Ed.</HI> 3. <HI>fol.</HI> 26.</P>
<P>Purpre&s;tures are inquirable, <NOTE PLACE="marg">Purpre|&s;ture &amp; Nu&s;ance. Laborers.</NOTE> but the Steward hath no power to inquire of Liveries, nor of things defended by Statutes, 1 <HI>R.</HI> 3. <HI>fol.</HI> 1.3 <HI>H.</HI> 7. <HI>fol.</HI> 1.</P>
<P>You cannot there inquire of the Statute of Laborers, 6. <HI>H.</HI> 7. <HI>fol.</HI> 4.</P>
<P>Stopping the Highway is there inquirable, <NOTE PLACE="marg">The way.</NOTE> 27. <HI>H.</HI> 8. <HI>fol.</HI> 32. For that it is a common annoyance to all the Sub|jects of the Queen.</P>
<P>All common Annoyances and Purpre&s;tures made within the Leet are there inquirable, <NOTE PLACE="marg">Nu&s;ance.</NOTE> 8. <HI>H.</HI> 7. <HI>fol.</HI> 4.</P>
<P>Purpre&s;tures in high waies are inquirable there, <NOTE PLACE="marg">The way.</NOTE> and one was pre&s;ented and amerced in a Leet for not clen|&s;ing his ditch adjoyning to the high way, 47. <HI>Ed.</HI> 3. <HI>fol.</HI> 12.</P>
<P>Inquiries are there of Bridges and Cau&s;ies, <NOTE PLACE="marg">Bridges, waters.</NOTE> and of com|mon waies &s;poiled, of Gor&s;s put into waters, of Commons, of waters &s;topped, or forced or turned, of Walls or Ditches made to the hindrance of Pa&s;&s;engers in the common waies, by <HI>Britton. fol.</HI> 31.</P>
<P>Common nu&s;ance, <NOTE PLACE="marg">Nu&s;ance.</NOTE> as Ditches and Hedges, made to the di&s;turbance of the common People, &s;hall be there inquired, 9. <HI>H.</HI> 6. <HI>fol.</HI> 44.10 <HI>H.</HI> 6. <HI>fol.</HI> 7.</P>
<P>Turne and Leet are all as one, <NOTE PLACE="marg">Turne of the Sheriff.</NOTE> and they may inquire of common Annoyances, as of Bloodshed, and of night-walkers,
<PB N="45" REF="25">but not of a Clo&s;e broken, for that is particuler, but they may inquire of a Ditch not &s;cowred, or of a Bridge bro|ken, 22. <HI>Ed.</HI> 4. <HI>fol.</HI> 22.</P>
<P>Pre&s;entment in Leet that <HI>J.S.</HI> hath enclo&s;ed &s;uch Land, <NOTE PLACE="marg">Nu&s;ance.</NOTE> which ought to lye in common for the Inhabitants of the Town, is a void Pre&s;entment, for it is wrong, but no com|mon Annoyance, 27. A&s;&s;i&s;e 9. and 27. <HI>Ed.</HI> 3. <HI>Fitzh.</HI> nu&s;ance 6. <HI>Br:</HI> 30.</P>
<P>Leet hath power to amerce a man for an annoyance, and al&s;o to award that the Offenders shall be de&s;treined to a|mend that.</P>
<P>Of Bread and Beere shall be there inquirable, <NOTE PLACE="marg">Bread and Beere. Fal&s;e mea&s;ures. Mortmain</NOTE> and not in the turne of the Sheriff, but &s;eek, 18 <HI>H.</HI> 6. <HI>fol.</HI> 13.</P>
<P>Fal&s;e Weights and Mea&s;ures are there inquirable by <HI>Britton, fol.</HI> 32.71.</P>
<P>Of a Tenement aliened in Mortmain, are inquirable there, by <HI>Britton, fol.</HI> 32.</P>
<P>Pre&s;entment in Leet that he is a Tanner, <NOTE PLACE="marg">Tanner.</NOTE> and Shooma|ker, is not good, 3. <HI>H.</HI> 7. <HI>f.</HI> 1. For it is no offence at the com|mon Law, but given by a Statute, but &s;ee 50 <HI>Eliz.</HI> ch. 8.</P>
<P>Of fore&s;tallers and taking of Victualls to the u&s;e of the King more then need by <HI>Britton, fol.</HI> 33. are inquirable. <NOTE PLACE="marg">Takers of the King. Night|walkers. Weifes.</NOTE></P>
<P>It is allowed that night-walkers are there inquirable, 4. <HI>H.</HI> 7. <HI>fol.</HI> 1.</P>
<P>Weife cannot be pre&s;ented in the hundred, but in the Leet, 44. <HI>Ed.</HI> 3. <HI>fol.</HI> 19.</P>
<P>It may inquire of corrupt Victuall, 27. <HI>H.</HI> 8. <HI>fol.</HI> 2. Ti|tle Leet, 16.9. H. 6. <HI>fol.</HI> 53.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Waters.</HEAD>
<P>DOctor and Student, <HI>fol.</HI> 177. The King is bound by old cu&s;tome of the Realme, as Lord of the narrow Seas, to &s;cowre the Sea from Sea Pirats, <HI>Britton</HI> 84.</P>
<P>The Sea is common, and al&s;o right to fish in the Sea.</P>
<P>8. <HI>Ed.</HI> 4. <HI>fol.</HI> 10. It is &s;aide there, that every one may fish in the Sea by common right; and by <HI>Choke,</HI> if the Wa|ter ebb and flow upon my Land, every one may fish there</P>
<P><HI>Fitzh.</HI> 113. <HI>a.</HI> The King may &s;ee that Rivers and
<PB N="46" REF="26">Sewers of the Sea be defended, and for that may award a Commi&s;&s;ion by common Law, and &s;o may of Bridges and Waies.</P>
<P><HI>Fitzh.</HI> 93. <HI>g.</HI> Action upon the ca&s;e lieth again&s;t a Neighbour, which hath Lands between him and the Sea, which doth not make his Bankes, or &s;cowre his Ditches, by which his Land is drowned.</P>
<P>19. Book A&s;&s;i&s;e. It was found by Commi&s;&s;ion that the River of <HI>Lee</HI> which runneth from <HI>Ware</HI> to <HI>Waltham</HI> and &s;o to <HI>London,</HI> is the high Stream of the King. Quere.</P>
<P>22. <HI>Ed.</HI> 3. <HI>fol.</HI> 22. If Water run betwixt two, and by little doth diminish the Soile of the one, and doth increa&s;e the other, if there be not bounds fixt, if this increa&s;ing had been &s;o little that one could not perceive it, but if it be by ha&s;tie increa&s;e, there the other by this shall not loo&s;e his Soile unle&s;s the River be an arme of the Sea.</P>
<P>And note that every Water which flowes and ebbs is an arme of the Sea, &s;o long as it floweth and ebbeth, 22. A&s;&s;. 93.</P>
<P>4. <HI>Ed.</HI> 4. <HI>fol.</HI> 29. Tre&s;pa&s;s of fishing in his &s;everall fishing, the Defendant pre&s;cribes to have common of fishing there, and may pre&s;cribe to have that appendent to Land as well as common appendent.</P>
<P>4. <HI>Ed.</HI> 3. Title Tre&s;pa&s;s, 222. Tre&s;pa&s;s in his free fishing, this is intended to be in anothers Soil.</P>
<P>34. Of the booke of A&s;&s;i&s;e 11&punc; A&s;&s;i&s;e of common fishing in <HI>Ty&s;e,</HI> from &s;uch a place to &s;uch a place, and makes Title in his plaint, for that it was profit to take in another Soile, and sheweth that one had fishing, belonging appurtenent to his Mannor, and by deed granted that to him.</P>
<P>43. <HI>H.</HI> 3. title 441. <HI>Br.</HI> A&s;&s;i&s;e, A&s;&s;i&s;e of free-hold and Plaint of a fishing, and good.</P>
<P>7. <HI>H.</HI> 7. <HI>fol.</HI> 13. Tre&s;pa&s;s in his &s;everall fishing, the De|fendant pre&s;cribes that the Abbot was &s;ei&s;ed of a Mannor, and pre&s;cribeth to have free fishing from &s;uch a place, By <HI>Wood.</HI> A man may have free fishing in anothers wa|ter, but not &s;everall.</P>
<P>17. <HI>Ed.</HI> 4. <HI>fol.</HI> 6. Why by force and armes he fished in his &s;everall fishing, the Defendant pleads that the place where, <HI>&amp;c.</HI> is his Free-hold, and by <HI>Choke</HI> it is no Plea but an Argument, contrary by <HI>Brian,</HI> for a &s;everall fishing is in his own Soile by him, and free fishing is in
<PB N="47" REF="26">anothers Soile, which <HI>Littleton,</HI> granted 18. <HI>Ed.</HI> 4. <HI>fol.</HI> 5. It was adjudged a good Plea by the whole Court, 18. <HI>H.</HI> 6.29.</P>
<P>20. <HI>H.</HI> 6. <HI>fol.</HI> 4. Tre&s;pa&s;s for fi&s;hing in his &s;everall fi&s;h|ing, the Defendant &s;aith that the Soile covered with water is his Freefold, and is held a good Plea to the A|ction, 22. <HI>Ed.</HI> 4. Title 116. Barr, <HI>F.</HI></P>
<P>18. <HI>Ed.</HI> 5. <HI>fol.</HI> 4. A man &s;hall not have an A&s;&s;i&s;e only of water without Land, &s;o if he &s;aith, that the place is only covered with water which is his free-hold, it is a good Plea in tre&s;pa&s;s.</P>
<P>7. <HI>H.</HI> 4. <HI>fol.</HI> 9. Action upon the ca&s;e lieth, for that the Defendant ought to repaire a wall of the Thames, and doth not, by which his Land is drowned, 7. <HI>H.</HI> 4. <HI>fol.</HI> 32.</P>
<P><HI>Magna charta,</HI> chap. 23. All Kedels &s;hall be put down from henceforth almo&s;t throughout all <HI>England,</HI> unle&s;&s;e upon the Sea Coa&s;ts.</P>
<P>There are but two Writs in the Regi&s;ter for fi&s;hing, that is to &s;ay, In a &s;everall fi&s;hing, and in a free fi&s;hing, &s;ee the Regi&s;ter in, 34.95.103.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Petty Trea&s;on is the fir&s;t branch in the Charge, and for that &s;omthing is to be remembred, which I finde in our bookes touching the&s;e Trea&s;ons.</HEAD>
<P>IF Coiners of the Towre make Money of fal&s;e Mettall, or le&s;&s;e in weight by halfe, it is Trea&s;on, and he which uttereth it knowing, is a Traitor, 3. <HI>H.</HI> 7. <HI>fol.</HI> 10.</P>
<P>Where a Servant killeth his Mi&s;tris or traiterou&s;ly &s;lew her, he &s;hall be drawn and hanged, and yet the Statute is, where the Servant kills the Ma&s;ter, for it ought to be as well to one as the other, 19. <HI>H.</HI> 6.47.</P>
<P>A Woman of the age of thirteen yeares was burnt, for that that &s;he kild her Mi&s;tris, which proves that this is Trea&s;on, for otherwi&s;e &s;he &s;hould have been hanged, 12. booke of A&s;&s;i&s;es 30.</P>
<P>A Woman &s;hall be burnt for Trea&s;on, as for killing her husband, and hanged for Felony, <HI>Britton, fol.</HI> 16. 1. <HI>R.</HI> 3. <HI>fol.</HI> 4.</P>
<P>Sorcerers attaint &s;hall be burnt, <HI>Britton, fol.</HI> 16.</P>
<P>Counterfeiting the Kings Seal, or Money, was petty Trea|&s;on, and Charter of pardon in all Felonies would &s;erve in petty Trea&s;on, for it is Felony, <HI>Stamf. fol.</HI> 2. but now
<PB N="48" REF="27">by the Statute of 25. of <HI>Ed.</HI> 3. chap. 2. of Trea&s;ons it is made high Trea&s;on.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The &s;econd branch in the Charge is Felony, and for that &s;omthing is to be &s;aide, what are Fe|lonies by the common Law and what not.</HEAD>
<P>IF one &s;hoote at Butts, and kill a man by &s;warving of his hand, it is no Felony for which he &s;hall dye, the &s;ame Law of tiling a Hou&s;e and a &s;tone fall and killeth one, but if he hurt one, tre&s;pa&s;&s;e lieth, 22. <HI>H.</HI> 7.29.</P>
<P>If one &s;hoot at Pricks, and his hand &s;warve, and he kill one, it is no Felony for which he &s;hall dye, and for that which is not voluntary he &s;hall have a pardon of cour&s;e, but if he hurt one it is a tre&s;pa&s;s, though it be a|gain&s;t his will, and &s;o it is where one cuts a Tree upon his own Land, and that falleth upon anothers Land again&s;t his will, it is a Tre&s;pa&s;s, 6. <HI>Ed.</HI> 4. <HI>fol.</HI> 7.</P>
<P>One cuts a Pur&s;e with three &s;hillings in the &s;ame, and loo&s;eth his right Thombe, and &s;o it is inquirable in Leet as Tre&s;pa&s;s, and not as Felony now by the Statute, 10. <HI>H.</HI> 3. <HI>tit.</HI> 434.</P>
<P>If one feloniou&s;ly in the night burne a Barne adjoy|ning to a Hou&s;e, it is Felony, 11. <HI>H.</HI> 7. <HI>fol.</HI> 1.</P>
<P>To play at Sword and Buckler together, and one killeth the other, it is Felony, otherwi&s;e it is if they play toge|ther by the Commandement of the King, and one kill the other, 11. H. 7. <HI>fol.</HI> 23.</P>
<P>If one re&s;i&s;t a Felon which would rob him, and kill the Felon in re&s;i&s;ting him, it is no Felony, and he need no Charter of pardon, 22. A&s;&s;i&s;e 55.</P>
<P>If a Theife kill a Merchant, and his Servant in pur&s;u|ing ha&s;tily the Theife kill him, it is no Felony in the Servant, 21. H. 7. <HI>fol.</HI> 26. A&s;&s;i&s;e. 33.</P>
<P>If one be pre&s;ent when one is murdered, if he do not &s;trike nor aid him, nor con&s;ent, nor cau&s;e him to do it, he &s;hall not be indicted, contrary if he be any of tho&s;e, 14. H. 7. <HI>fol.</HI> 3.</P>
<P>If diver&s;e are pre&s;ent when a man is kill'd, and one of them kill'd him, the others are principalls, if they come for the &s;ame cau&s;e, 21. <HI>Ed.</HI> 4. <HI>fol.</HI> 84. In the time of H. 8.
<PB N="49" REF="27"><HI>tit.</HI> 351. A man bound to keepe the Peace, procures ano|ther to breake it, this is the forfeiture of his recogni|fance.</P>
<P>If one be pre&s;ent and move one to kill another, which is done, it is Felony in him though he &s;trike not, 13 <HI>H.</HI> 7. <HI>fol.</HI> 10. the &s;ame, 4 <HI>H.</HI> 7. <HI>fol.</HI> 18.</P>
<P>An Infant within the age of ten and twelve yeares killeth one and was hanged, 3. <HI>H.</HI> 7. <HI>fol.</HI> 13.</P>
<P>Felony is not but where a thing is taken with a Fe|lonious intent, that is, That is &s;o privily, that he intends that he from whom it is taken, &s;hall not know, 21 <HI>H</HI> 7. <HI>fol.</HI> 15.</P>
<P>If one take his own goods from him that hath the keep|ing of them privily, and charge his Bailiff, that is Felony in taking his own goods, 5 <HI>H.</HI> 7. <HI>fol.</HI> 17.</P>
<P>Taking of Trea&s;ure trove or wreck with a Felonious intent is no Felony, 2<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> booke of A&s;&s;i&s;es 99.</P>
<P>Taking of Charters feloniou&s;ly in a box concerning Land is no Felony, 10 <HI>Ed.</HI> 4. <HI>fol.</HI> 16.</P>
<P>If my Butler &s;teale my plate in my Hou&s;e, it is in my po&s;&s;e&s;&s;ion and it &s;eems is Felony, 3 <HI>H.</HI> 7. <HI>fol.</HI> 12. The &s;ame Law where my Shepheard &s;teales my Sheep, 22 <HI>H.</HI> 7. <HI>fol.</HI> 15. 12 <HI>H.</HI> 8. <HI>fol</HI> 3. If I deliver my Butler my Plate, it is &s;aid it is no Felony, and taking of that is no Felony, this is where they are not delivered.</P>
<P>It was held by all be&s;ides <HI>Nedham,</HI> that if a Carrier hath a Baile, <HI>&amp;c.</HI> or a Pack to carry and breakes that and takes the Goods out, it is Felony, <NOTE PLACE="marg">Taverne.</NOTE> for the Goods were not delivered but the Pack. The &s;ame Law if a Taverne Cup be delivered to drink and be taken away, is Felony, for it is in the po&s;&s;e&s;&s;ion of the ma&s;ter, and &s;o it is of a Hor&s;e in the &s;table of his Ma&s;ter, and a Hor&s;e-keeper taketh him, but otherwi&s;e it is where he delivers him to ride, or Plate delivered to your Butler, for this taking is not by force and armes, 13 <HI>Ed.</HI> 4. <HI>fol.</HI> 9.</P>
<P>A Woman &s;hall not be arraigned for &s;tealing her hu&s;|bands Goods, abridged booke of A&s;&s;i&s;es <HI>fol.</HI> 71.</P>
<P>Taking of Pigeons, or Fi&s;h in their &s;avings is no Felony, otherwi&s;e it is out of a Hou&s;e or a Trunck, for there it is Felony, 22. booke of A&s;&s;i&s;es 98.</P>
<P>Taking of Pigeons or other Bea&s;ts wilde in their wild|ne&s;&s;e is no Felony, 12 <HI>H.</HI> 8. <HI>fol.</HI> 4. by <HI>Br.</HI> 22. Booke of A&s;&s;i&s;es 95.</P>
<P><PB N="50" REF="28">Taking of young Doves in their ne&s;ts in a Hou&s;e is Fe|lony, and &s;o it is of Pikes out of a Trunck, contrary out of a River, taking young Go&s;haukes in a Park is Fe|lony, otherwi&s;e it is where they are old Go&s;haukes, 18 <HI>Ed,</HI> 4. <HI>fol.</HI> 8.</P>
<P>Cutting of Trees is no Felony, otherwi&s;e it is if they were falled, and after are carried away with felonious intent, 22 booke of A&s;&s;i&s;es 22. and 12 <HI>Ed.</HI> 3. Coron. 119.</P>
<P>Taking of Apples out of an Orchard growing upon the Tree, or cutting Trees, or Corne growing, though they be taken with a Felonious intent, is not Felony, for that they are parcell of the Freehold, but common break|ers of Orchards, and common Tre&s;pa&s;&s;ours are inquirable in Leet as I intend, 18 <HI>H.</HI> 8. <HI>fol.</HI> 2.</P>
<P>Robbery is but from the per&s;on of one, 31 <HI>H.</HI> 6. <HI>fol.</HI> 16.</P>
<P>Robbery if it do not amount to two pence is Felony, for which he &s;hall be hanged, 22. booke of A&s;&s;i&s;es 55.</P>
<P>Burglary of a Hou&s;e is, though he carry away nothing, the &s;ame Law of Robbery which is of his per&s;on though it be to the value of a peny, but it is no Felony that one &s;hall be hanged, unle&s;&s;e to the value of twelve pence, 22. booke of A&s;&s;i&s;es 39.</P>
<P>It is Burglary, that he broke his Hou&s;e to kill him though he did not kill him, 13 <HI>H.</HI> 4. <HI>fol</HI> 20.</P>
<P>One intended to commit Burglary and was hindred yet hanged, 27 A&s;&s;i&s;e 38.</P>
<P>It is no Felony if one intend to rob one, and doth not but is hindred, but it is Trea&s;on if he intend that to the King and do not the act; 13 <HI>H.</HI> 8. <HI>fol.</HI> 13.</P>
<P>A Boy would have carried out the Goods of his Ma&s;ter, and comming to the bed of his Ma&s;ter &s;leeping and cut his throate, and he cried out and his Neighbours came in and tooke the Boy and he was hanged, 15 <HI>Ed.</HI> 2. Coro|ner 383.</P>
<P>Burglers are tho&s;e which breake Hou&s;es or Churches, and though that they carry out nothing they &s;hall be hanged, Abridgment of the book of A&s;&s;i&s;es 75.</P>
<P>Note that pre&s;entments of Felonies at the Common Law, are pre&s;entable before the Steward in Leet, as ap|peares by, 22. <HI>Ed.</HI> 4. <HI>fol.</HI> 19. and petty Trea&s;on is Felony as it appeares by <HI>Stam. fol</HI> 2.</P>
<P><PB N="51" REF="28">Appeale of Robbery, the Defendant tenders to wage battaile, and was afterward outed of that, for that, that he was indicted before <HI>John Verney</HI> Steward in Leet; and for that hee did not &s;hew to whom he was Steward, and in what place, it was nought, otherwife it had been good. By this it appeares that pre&s;entment of that may be before the Steward, <HI>Stamford fol.</HI> 2. Charter of pardon of all Felonies &s;erves in petty Trea&s;on, for it is Felony, and for that al&s;o inquirable in Leet as Felony 22 <HI>Ed,</HI> 4. <HI>fol.</HI> 19.</P>
<P>1 <HI>H.</HI> 7. <HI>fol.</HI> 23. Sir <HI>Humfery Stafford</HI> &s;hewed that he had matter in Law, to plead to an indictment, as &s;anctuary and prayed Councell, and had Councell upon that &s;hew|ed in Felony or Trea&s;on.</P>
<P>3 <HI>H.</HI> 7. <HI>fol.</HI> 1. Infant of tender age, or one out of his wits killeth one he &s;hall not be hanged, 21 <HI>H.</HI> 7. <HI>fol.</HI> 31.</P>
<P>3 <HI>H.</HI> 7. <HI>fol.</HI> 1. If the principall take Clergy, being arraign|ed or indicted, it &s;eemeth that the acce&s;&s;ary &s;hall go quit and cleer if he have pardon, contrary 13 <HI>Ed.</HI> 4. <HI>fol.</HI> 3. upon acknowledging of Felony.</P>
<P>3 <HI>H.</HI> 7. <HI>fol.</HI> 1. One of the age of nine yeares which had di&s;cretion, to excu&s;e him&s;elfe, was hanged for murdering of an other Infant.</P>
<P>3 <HI>H.</HI> 7. <HI>fol.</HI> 2. It &s;eemeth where one challengeth above the number of thirty &s;ix upon one Indictment, he &s;hall be put to Pennance, and where it is in Appeale hang|ed.</P>
<P>22 <HI>H.</HI> 8. chap. 14. No per&s;on arraigned for petty Trea&s;on, Murder, or Felony, &s;hall not be admitted to any peremptory challenge above the number of twenty.</P>
<P>4 <HI>H.</HI> 7. <HI>fol.</HI> 2. One arraigned and found it was in de|fending him&s;elfe, and had a pardon of grace.</P>
<P>14 <HI>H.</HI> 7. <HI>fol.</HI> 2. Where one indicted before a Coroner is afterwards acquit, it &s;hall be inquired who killed him, 11 <HI>H.</HI> 4. <HI>fol.</HI> 91. the &s;ame:</P>
<P>11 <HI>H.</HI> 7. <HI>fol.</HI> 19. If a married woman make Felony, her Land is forfeited forthwith, unle&s;&s;e that her Husband be intituled to be Tenant by the curte&s;ie.</P>
<P>21 <HI>H.</HI> 7. <HI>fol.</HI> 30. Clerkes convict or attaint are not out of the &s;ame Law as Aliens are.</P>
<P>1 <HI>H.</HI> 7. <HI>fol.</HI> 6. Re&s;cuing a Felon is Felony,
<PB N="52" REF="29">by the Common Law, of Breakers of Pri&s;on by the Sta|tute.</P>
<P>4 <HI>Ed.</HI> 4. <HI>fol.</HI> 10. One indicted of Murder &s;uch a day, and an Appeale &s;ued &s;uppo&s;ing the Murder another day, yet good, and &s;hall be all one, for the day is not matteri|all and after the parties in the Appeale agreed, and the Playntiff is non&s;uted, he &s;hall be arraigned at the Kings Suit.</P>
<P>21 <HI>H.</HI> 7. <HI>fol.</HI> 29. Where one &s;hootes at Pricks and kil|leth a man by the &s;warving of his hand, it is no Felony that he ought to dye.</P>
<P>9 <HI>Ed.</HI> 4. <HI>fol.</HI> 2. Defendant in Appeal of Felony &s;hall have Councell but not in an Indictment, unle&s;s he have mat|ter in Law to plead.</P>
<P>6. <HI>Ed.</HI> 4. <HI>fol.</HI> 27. Indictment, That <HI>Alice S.</HI> he tooke feloniou&s;ly, and knew her carnally again&s;t her will, but fe|loniou&s;ly ravi&s;hed her and Indictment of Murder, that of malice pretended he killed him is not good, but <HI>Murdravit, vid.</HI> 1. <HI>H.</HI> 4.1.</P>
<P><HI>Bracton</HI> &s;aith, If there be any that &s;triketh a Woman being with child, or gives her poy&s;on by which he maketh an abortive or a child now formed or having life he commit|teth man-&s;laughter, 3. book of A&s;. 4. or where one beateth a Woman with childe which indeed was borne dead it is no Felony 22. booke of A&s;&s;i&s;es 94.</P>
<P><HI>Stamford</HI> 22. It is requi&s;ite that the thing &s;laine be in <HI>Rerum natura,</HI> and for that to kill an Infant in his mo|thers belly is no Felony, <HI>Stamford</HI> 16.</P>
<P>22. booke of A&s;&s;i&s;es 71. Two fight together and one commeth to part them and is &s;laine, is Felony.</P>
<P>26. booke of A&s;&s;i&s;es 22. A Felon in robbing of a Hou&s;e is &s;laine, it is no Felony in killing.</P>
<P><HI>Stam: fol.</HI> 25. That cannot be Felony to &s;teale wild bea&s;ts found in their wilderne&s;&s;e, nor for Doves being out of their Dove-coat, nor Fi&s;hes taken in the River, for &s;uch &s;tealing is not the taking of anothers Goods, but of a thing, which none hath property in.</P>
<P>But otherwi&s;e it is if he breake the Pigeon-Hou&s;e and &s;teale the young Pigeons which cannot go nor fly for that is Felony. The &s;ame Law of taking of young Go&s;|haukes bred in my Parke</P>
<P>18. <HI>H.</HI> 8. <HI>fol.</HI> 2. By <HI>Fitzh.</HI> and <HI>Englefeild,</HI> taking of
<PB N="53" REF="29">young Pigeons in a Dovehou&s;e is not Felony. Quere for they are of a wilde nature.</P>
<P>22. booke of A&s;&s;i&s;es 3. One killeth one outlawed of Fe|lony, by <HI>Scroope</HI> it is no Felony, but by <HI>Stamf.</HI> Otherwi&s;e it is where he is attaint by verdict.</P>
<P>35. <HI>H.</HI> 6. <HI>fol.</HI> 68. A husband attaint of Felony is &s;laine, his Wife &s;hall have an appeale, but not his Heire, for there is no corruption of blood between the Husband and his Wife.</P>
<P>34. <HI>H.</HI> 6. <HI>fol.</HI> 53. If a Felon read, and the Ordinary re|fu&s;e him, the Pri&s;oner &s;hall be &s;pared and the Ordinary &s;hall be fined, and if a Felon once faile to read, yet the Ju&s;tices may &s;pare him and make him try to read again, and &s;aid there that he &s;hall have his Clergy under the Gallows, but inquire that: <HI>Stamford</HI> &s;aith, 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 Hou&s;e by day or night, any per&s;on be|ing in that, and by that put in feare, or rob'd of any thing, he &s;hall not have his Clergy, <HI>Stamford</HI> 129.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Forfeiture.</HEAD>
<DIV3 TYPE="section">
<HEAD>And for that, that you ought to inquire, what Lands and Goods tho&s;e attaint of Felony have, it is now to &s;ee what the King &s;hall have and what the Lord, by attainder of one in Felony and what not.</HEAD>
<P>WEE &s;hall not keep the Lands of tho&s;e which are convicted of Felony, but for a yeare and a day, and then the Lands &s;hall be delivered to the Lord of the Fee, <HI>Magna Charta,</HI> chap. 22. &s;ee <HI>Stamford</HI> 190.</P>
<P>If the Lord entet after the yeare and day, where he ought to have a Writ to put him in, the King &s;hall re|&s;ei&s;e, 8. <HI>Ed.</HI> 2. <HI>tit:</HI> Tre&s;pa&s;&s;e 48.</P>
<P>The King &s;hall have all Chartells of Felons condem|ned and fugitives, and if they have a free-hold, then that forthwith &s;hall be taken into the Kings hands, and the
<PB N="54" REF="30">King &s;hall have all the profits by a yeare and a day. And that the Tenement &s;hall be wa&s;ted and de&s;troyed, <HI>&amp;c.</HI> and after the yeare and day it &s;hall be given to the cheif Lords, Prerogative, chap. 16. <HI>Ra&s;tall</HI> 5.</P>
<P>Note that a man &s;hall not forfeit his Lands in no ca&s;e but where Judgment is given, and that is in three man|ners, that is to &s;ay, Where one is Outlawed of Felony, or abjures, or is hanged, for they make but three manner of Writs of E&s;cheate, that is, for which he is Outlawed for which abjured, and for which he is hanged, and for that it is &s;aid if one ri&s;e again&s;t the King and is &s;lain, that he &s;hall not forfeit his Lands untill he be afterwards attaint by Parliament, as in u&s;e, 7 <HI>H.</HI> 4. <HI>fol.</HI> 33. the &s;ame, 7 <HI>H.</HI> 4. <HI>fol.</HI> 48.</P>
<P>See <HI>Stamford, fol.</HI> 49. The King &s;hall have yeare day and Wa&s;te, and Chattells forfeited.</P>
<P><HI>Fitzh:</HI> 144. It &s;eemeth that the King &s;hall have yeare day and wa&s;te, where one is convict of Felony, and that is the next yeares profits, for if one taketh the profits that yeare and day, the Lord &s;hall have a Writt to the Sheriff to deliver him po&s;&s;e&s;&s;ion, and he which hath taken the profits &s;hall an&s;wer to the King for that.</P>
<P><HI>Fitzh:</HI> 144. <HI>N.</HI> The King &s;hall have the e&s;cheat of Te|nements in Cities and Borroughs, which are held of him in fee farme.</P>
<P><HI>Fitzh.</HI> 6. <HI>b.</HI> The King as it appeares by the Regi&s;ter &s;hall have a Writ of e&s;cheate returned into the Kings Bench, for the King may &s;ue in what Court he will.</P>
<P>31. <HI>Ed.</HI> 1. <HI>tit.</HI> di&s;cent 17. <HI>f.</HI> If the Son and Heire of <HI>A.</HI> be Outlawed in the time of his Father of Felony, and after he purcha&s;e his Charter of pardon in the life time of his Father, and after the Father dies, he &s;hall not have the Lands de&s;cended from his Father, but the Lord of whom they are held by e&s;cheate.</P>
<P>9 <HI>H.</HI> 5. <HI>fol.</HI> 9. the &s;ame, 1. <HI>Ed.</HI> 1. <HI>tit.</HI> di&s;cent 15. the blood is corrupt which cannot take by di&s;cent.</P>
<P>26. Of the booke of A&s;&s;i&s;es 2. If the Son be attainted of Felony in the Life time of his Father and hanged, his Si&s;ter &s;hall have the Land by de&s;cent from the Father, and it &s;hall not e&s;cheate.</P>
<P>46. <HI>Ed.</HI> 3. <HI>tit.</HI> di&s;cent 6. If the Father have a Son and a Daughter, and the Son be attaint of Felony in the life
<PB N="55" REF="30">time of his Father and dieth, there the Daughter &s;hall have the Land, and if he &s;urvive the father, then the Lord by e&s;cheate, 8 <HI>Ed.</HI> 1. <HI>tit.</HI> A&s;&s;i&s;e 421.49. book of A&s;&s;. 4.</P>
<P>3. booke A&s;&s;i&s;e, Where the Tenant grants a rent-charge out of his Land, and after that e&s;cheates, the Lord &s;hall hold this charged, but otherwi&s;e it is where a Tenant which holds of the King, chargeth and dieth without Heire, 4 <HI>Ed.</HI> 4. <HI>fol.</HI> 2. If that be found by Office, yet it cannot be.</P>
<P><HI>Natura brevium,</HI> 103. In a Writ of E&s;cheat it is no Plea that he died not &s;ei&s;ed, but it is a good Plea that he did not dy his Tenant.</P>
<P><HI>Fithz.</HI> 144. <HI>C,</HI> If the Tenant be di&s;&s;ei&s;ed, and after dieth without Heire, it &s;eemeth the Lord &s;hall have a Writ of E&s;ch eate, for that, that his Tenant died in his Homage, 2 <HI>H.</HI> 4. <HI>fol.</HI> ninth, the &s;ame.</P>
<P><HI>Fitzh.</HI> 144. If a man be beheaded for Felony or dy after Judgment, before he be put in execution by the Officer, yet the Writ &s;hall &s;ay, for which he was hanged, <HI>Na: Bre: fol.</HI> 104. the &s;ame.</P>
<P>11 <HI>H.</HI> 4. <HI>fol.</HI> 16. One may have e&s;cheate and ward be|fore he be &s;ei&s;ed of the &s;ervices, <HI>Littleton</HI> 106. if a Signiory be granted by fine.</P>
<P>See 2 and 3 <HI>Ed.</HI> 6. chap. 8. Where one hath a Rent, <HI>&amp;c.</HI> The King is intitled to the Land by attainder, and that is not found in the Office, yet he him&s;elf &s;hall have his Rent by the Statute.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>And it is to &s;ee now, where a forfeiture &s;hall be of Goods onely and not of Lands, and where not.</HEAD>
<P>ONe indicted that he killeth one (in defending him&s;elf) by <HI>Fairefax</HI> he &s;hall be arraigned and &s;hall loo&s;e his Goods, 21 <HI>Ed.</HI> 3. <HI>fol.</HI> 18. and &s;hall not forfeit his Lands, 4. <HI>H.</HI> 7. <HI>fol.</HI> 2. <HI>fol.</HI> 18.</P>
<P>Where one killeth one (in defending him&s;elfe) or by mi&s;chance, he &s;hall forfeit his Goods and not his Lands, <HI>Stamford fol.</HI> 45.</P>
<P>If one kill another by misfortune he &s;hall forfeit his Coods, and it behoveth that he have his pardon of grace, <HI>Stamford, fol.</HI> 185. the &s;ame, 26 <HI>H.</HI> 6. <HI>fol.</HI> 6. the &s;ame, and he &s;hall not forfeit his Lands, 2. <HI>H.</HI> 4. <HI>fol.</HI> 20.</P>
<P>One arraigned pleads not guilty, and it was found that<PB N="56" REF="31">the dead &s;truck the other to the ground, and for ha&s;te fell upon the blade of him that lay upon the ground, he lying upon the ground &s;hall not forfeit his Goods, but if it were found that he kils him (in defending him&s;elf) it is other|wi&s;e, 44 <HI>Ed.</HI> 3. <HI>fol.</HI> 44.</P>
<P>49. <HI>Ed.</HI> 3. <HI>fol.</HI> 5. Where a man is indebted to a man attainted by &s;pecialty, the King &s;hall have it, contrarily if it be without &s;pecialty, for the Debtor may wage his Law again&s;t him which is attainted, contrary again&s;t the King, but in the Exchequer it was held that debt to be forfeit to the King, 16. <HI>Ed.</HI> 4. <HI>fol.</HI> 4.</P>
<P>A man cannot wage his Law again&s;t the King, 50. <HI>Ed.</HI> 3. <HI>fol.</HI> 1. <HI>Stamford</HI> 183. See forfeiture, upon he made his flight, and <HI>fol.</HI> 184. upon an Exigent awarded, and <HI>fol.</HI> 185. upon a Clerk convict, and <HI>fol.</HI> 187. of Lands and of a thing in action and &s;o further of Forfeiture.</P>
<P>Clerke convict &s;hall forfeit all his Goods, but not his Lands but the Clerke attaint &s;hall forfeit his Lands, 40 <HI>Ed.</HI> 3. <HI>fol.</HI> 42. <HI>Fitzh. fol.</HI> 66. yeare, 20 <HI>Ed.</HI> 4. <HI>fol.</HI> 5.</P>
<P>Clerke convict &s;hall forfeit his Goods, notwith&s;tanding that after he makes his purgation which now is not made by the Statute of 18. <HI>Eliz.</HI> chap. 7. And then he &s;hall for|feit the I&s;&s;ues of his Lands till he hath made his purga|tion 8. <HI>Ed.</HI> 2. Forfeiture 34. and <HI>Stamford, fol.</HI> 185.</P>
<P>A Clerk convict is not out of the Law as an Alien is, for his Heire &s;hall inherit his Lands after his death, 3. H. 7. <HI>fol.</HI> 12 and 21. <HI>H.</HI> 7. <HI>fol.</HI> 31.</P>
<P>A Woman out of her wits killeth her Husband, &s;he &s;hall forfeit nothing, <HI>Stamford, fol.</HI> 45. Where a man di|&s;tracted kill one he &s;hall forfeit nothing 3. <HI>Ed.</HI> 3. forfeiture 25.</P>
<P>Executors Outlawed &s;hall not forfeit the Goods, which they have as Executors, nor by attainder of Felony, 32: <HI>H.</HI> 6. <HI>fol.</HI> 34.</P>
<P>By award of Exigent in Felony, though he be acquit|ted afterwards, his Goods are forfeited, 44, <HI>Ed.</HI> 3: <HI>fol.</HI> 17: and <HI>Stamford fol.</HI> 184. <HI>D:</HI> 22 booke of A&s;&s;i&s;es 81.</P>
<P>By award of Exigent, Goods and Profits of his Lands are forfeited if the Exigent be not erroniou&s;ly awarded, <HI>Stamford fol.</HI> 47.</P>
<P>If one be indicted upon the view of the body, before the Coroner, of death, all his goods are forfeited, though
<PB N="57" REF="31">that he be acquit afterwards, <HI>Stamford, fol.</HI> 45. See 5. H. 4. 13. H. 4. <HI>fol.</HI> 15.</P>
<P>If a man be convict of Here&s;ie, and be delivered to the Lay power, his Goods are forfeited, though that he be not put in execution; but his Lands he &s;hall not forfeit, unle&s;&s;e he be put to death, <HI>Doctor and Student, fol.</HI> 14.</P>
<P>One killeth him&s;elf, he &s;hall forfeit his Goods and not his Lands, 3 <HI>Ed.</HI> 3. <HI>Tit. Coron.</HI> 201. 8. <HI>Ed.</HI> 2. <HI>Tit. Corone.</HI> 420.</P>
<P>The Goods of them which hang them&s;elves are con|fi&s;cate, 8. <HI>Ed.</HI> 4. <HI>fol.</HI> 4.</P>
<P>One put to his penance &s;hall not forfeit his Lands but Goods, 14. <HI>Ed.</HI> 4. <HI>fol.</HI> 7.</P>
<P>For petty The every one shall forfeit his Goods, but not his Lands at this day, 8. <HI>Ed.</HI> 2. <HI>Coron.</HI> 406. 22. <HI>Book of A&s;&s;i&s;es,</HI> 41. <HI>the &s;ame,</HI> 27. H. 8. <HI>fol.</HI> 27.</P>
<P>If Tenant in Tail be attaint of Felony or Trea&s;on, he shall forfeit his Goods, but his I&s;&s;ue shall have his Lands: but by the Statute of 5 &amp; 6. of <HI>Ed.</HI> 6. <HI>chap.</HI> 11. For high Trea&s;on Tenant in Tail shall forfeit his Lands, 7. H. 4. <HI>fol.</HI> 33.</P>
<P>By Outlary in Debt or Tre&s;pa&s;&s;e, the outlawed shall forfeit his Goods but not his Lands but the King shall have onely the profit of his Lands, 21. H. 7. <HI>fol.</HI> 7. Yet the party outlawed may make a Feoffment, and it is good, 9. H. 6. <HI>fol.</HI> 52. <HI>verbatim.</HI></P>
<P>One killeth a man and flies, therefore his Goods are pre|&s;ently confi&s;cated; and &s;ee <HI>Stamford, fol.</HI> 183. Upon a ma|king flight, found, though afterwards he be acquited, he shall forfeit his Goods, 8. <HI>Ed.</HI> 2. <HI>Coron.</HI> 390.</P>
<P>If an acce&s;&s;ary before the Felony fly, he &s;hall forfeit his Goods, but otherwi&s;e of him that is acce&s;&s;ary after the Felony, <HI>Stamford, fol.</HI> 47. the &s;ame, 4. <HI>H.</HI> 7. <HI>fol.</HI> 19. VVhere in arre&s;t for Felony, one is &s;lain in flying the arre&s;t; he which is &s;lain shall forfeit his Goods, and yet he was not attaint, <HI>Stamford, fol.</HI> 46.</P>
<P>Lands which a man attaint hath at the day of the Felo|ny done are forfeited, but no Goods, but tho&s;e which he hath at the time of the Judgement.</P>
<P>By an Outlary in Felony he shall forfeit his Chattels; but if one give them before the exigent they are not for|feited, 47. <HI>Ed.</HI> 3. <HI>fol.</HI> 24.</P>
<P><PB N="58" REF="32">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 &s;ell them before the attainder, the &s;ale is good: but note, that they are not given by Covin to defraud the Queen, for then the Gift is not good, as I intend, 33 <HI>Ed.</HI> 3. <HI>Tit.</HI> 30.</P>
<P>To the Goods of one attaint, it shall have relation, but to the Judgement and Conveyance of them before is good, by <HI>Perkins fol.</HI> 6.</P>
<P>If one commit Felony, and is attaint, and in the mean time betwixt the Felony made and the attainder, he de|parts with his Goods, this Gift is good, <HI>Stamford, fol.</HI> 48. the &s;ame, <HI>Stamford, fol.</HI> 192.</P>
<P>The Town where the Goods of Felons and Fugitives are, shall an&s;wer for them always, and the Sheriff may &s;ei&s;e the Goods, but not carry them away till he be attain|ted, for he shall have them to live upon, <HI>Stamford, fol.</HI> 47.</P>
<P>And that no Sheriff, <NOTE PLACE="marg"><HI>Ra&s;tal, forfeiture</HI> 14.</NOTE> Bailiff of a Franchi&s;e, nor other per&s;on, ought to take or &s;ei&s;e Goods of any per&s;on ar|re&s;ted, and impri&s;oned, before the &s;ame per&s;on be convict or attaint of Felony, according to the Laws, or that the &s;ame Goods be otherways forfeited, upon pain of double value to the party greived: and note, who is the party greived, and that is they in Pri&s;on, and not out; but he cannot &s;ei&s;e his Land, 1 <HI>R.</HI> 3. <HI>chap.</HI> 3.</P>
<P>By <HI>Hull,</HI> where a man is indicted of Felony, his Goods &s;hall not be removed out of his hou&s;e, before he be attain|ted, for he &s;hall live of his Goods, 7. <HI>H.</HI> 4. <HI>fol.</HI> 48. Officer ought not to &s;ei&s;e Chattels of a Felon before attainder, but to &s;eque&s;ter them that they &s;hall not be &s;tolen, and to make the party finde Surety, that they &s;hall not be con|veyed away, and if he do not, to put them into the hands of neighbours to keep, 43 <HI>Ed.</HI> 3. <HI>fol.</HI> 24. See <HI>Stamford,</HI> 192. for the time of Forfeiture, Relation.</P>
<P><HI>Now for that, that diver&s;e Lords of Leets have diver&s;e Liber|ties and Pr<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">viledges, and &s;ome are by the Kings Grant, and &s;ome by Pre&s;cription; let us &s;ee what Liberties and things the Lord may have by the Kings Grant, and what not; and what Liberties and things he may have by Pre&s;cription only, but not without &s;hewing a Charter, and what he may, and then who &s;hall have without &s;hewing allowance, and who not.</HI></P>
<P><PB N="59" REF="32">THe Lord cannot have the Goods of Felons but by Charter and Grant of the King, and not by pre&s;crip|tion; but the Lord may have weif and &s;tray by pre&s;crip|tion, 21 <HI>H.</HI> 7. <HI>fol.</HI> 32.</P>
<P>One cannot pre&s;cribe to have the Goods of Felons and Fugitives, and to have that by pre&s;cription, without &s;hew|ing a Charter, but to have weif, and &s;tray, and wreck of the &s;ea, he may have by pre&s;cription onely, 9. <HI>H.</HI> 7. <HI>fol.</HI> 20. <HI>Abridg. A&s;&s;i&s;es, fol.</HI> 78. 2 <HI>Ed.</HI> 3. <HI>Fitzh. Coron.</HI> 241.</P>
<P>One may have <HI>(in fangtheef)</HI> that is to &s;ay, to have Theives taken within his Lord&s;hip, to be adjudged in the Lords Court; and al&s;o <HI>(out fangtheef)</HI> that is to &s;ay, Theives of your own Land, to be adjudged in your Court by pre&s;cription, 46. <HI>Ed.</HI> 3. <HI>fol.</HI> 16. A man cannot have the Goods of Outlaws, unle&s;s it be by Charter. <HI>Abridgement of the Book of A&s;&s;i&s;es, fol.</HI> 78.</P>
<P>Your Lord may pre&s;cribe to hold plea, and to have that by pre&s;cription onely, but you cannot pre&s;cribe to have Conu&s;ance of plea by pre&s;cription onely, without &s;hewing the Charter of the King, 9 <HI>H.</HI> 7. <HI>fol.</HI> 10.</P>
<P>One may pre&s;cribe to have a Park and a Leet, and that by pre&s;cription onely, and may have that without &s;hewing allowance in Eire, 1. <HI>H.</HI> 4. <HI>fol.</HI> 5.</P>
<P>A man cannot have the Chattels of Fugitives without the Charter of the King, for it is a thing of the Kings Prerogative, 46. <HI>Ed.</HI> 3. <HI>fol.</HI> 16.</P>
<P>The Abbot of <HI>We&s;tmin&s;ter</HI> pre&s;cribes to have Sanctuary for Felony and Trea&s;on, and to hold pleas, and could not, without &s;hewing a Charter dated before memory, to prove the beginning of that; and for that, that this is again&s;t common right, he ought al&s;o to &s;hew allowance of that after the time of memory: but he may have weif and &s;tray, and view of Frank-pledge by pre&s;cription onely, and without &s;hewing allowance; but otherwi&s;e it is to have the Goods of Felons and Fugitives, 2. <HI>Ed.</HI> 4. <HI>fol.</HI> 21, &amp; 22.</P>
<P>Note, that the things that you may have onely by pre|&s;cription of common right, you &s;hall have without &s;hewing allowance, and the other things not without &s;hewing al|lowance.</P>
<P>The allowance which you ought to &s;hew, &s;hall be that which was allowed in the Kings Bench, or in Eire, and not in the Common Bench.</P>
<P><PB N="60" REF="33">Ancient grant of the King &s;hall be taken, as it hath been allowed, as the King hath granted to one his royall Rights, and the King is concluded by the allowance in a <HI>Quo Warranto,</HI> in the Kings Bench, and not in the Com|mon Bench, 10. <HI>H.</HI> 7. <HI>fol.</HI> 13, &amp; 14.</P>
<P>Charter of <HI>H.</HI> 2. dated before memory, and allowance of that &s;hewed after memory in the Common Bench; it is not good at this day, unle&s;s it be in Eire, 21. <HI>H.</HI> 7. <HI>fol.</HI> 29.</P>
<P>The Kings Bench is Eire, and more then Eire; for if the Kings Bench cometh into the County where the Commi&s;|&s;ion in Eire is, that &s;hall cea&s;e, 27. <HI>A&s;&s;i&s;e,</HI> 1.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Grant of the King.</HEAD>
<HEAD TYPE="sub">Where the King hath granted to you by his Charter (the Goods of Felons) and Fugitives, what things pa&s;s by this Charter, followeth:</HEAD>
<P>ALlowance in the Common Bench is not good, and al|lowance &s;hall be within memory, 9. <HI>H.</HI> 7. <HI>fol.</HI> 16.1. H. 7. <HI>fol.</HI> 23.</P>
<P>In the time of H. 8. <HI>Tit. Grants,</HI> 364. If the King grant Rever&s;ion, and mi&s;-recite the date of the Lea&s;e, but re|cites well the E&s;tate, the thing, and the name of the Le&s;|&s;ee, it is a good Grant.</P>
<P>8. H. 7. <HI>fol.</HI> 4. Where the King upon information of the party, grants a Mannour, and recites that he had it by Forfeiture, and hath it not by Forfeiture, it is a void Grant, for the King is deceived; &s;o it is &s;aid, where the King grants a Rever&s;ion where there is no Rever&s;ion, he is deceived and void.</P>
<P>26. H. 8. <HI>fol.</HI> 1. The King recites for the good &s;ervice he hath done in the Wars, he grants, where he was never in the War, it is a good Grant, for the recitall is a matter in deed not material.</P>
<P>9. H. 7. <HI>fol.</HI> 27. Where the King grants upon a Petition for his &s;ervice, &s;uch a Mannour of &s;uch a value, where it is of a greater, he is deceived, and it is void.</P>
<P>9. H. 7. <HI>fol.</HI> 2. If the King makes one a Denizon, and re|citeth where he was born in <HI>France,</HI> where in truth he was
<PB N="61" REF="33">born in <HI>Spain,</HI> this Grant and making him Denizon is a good Grant, and the recitall is not materiall.</P>
<P>9. H. 7. <HI>fol.</HI> 2. Diver&s;ity where the King of his meer mo|tion, grants, and recites, that what he hath granted by his Patent, he ratifies, and confirms, the King is e&s;topped to &s;ay the contrary, but that he granted and ratified that: but if it were (as I am informed) he is not e&s;topped, and the King is deceived.</P>
<P>37. H. 8. <HI>Tit. Patents,</HI> 10. It is &s;aid for Law, that fal&s;e con&s;ideration in Letters Patents &s;hall not avoid them; as where the King for ten pounds to him paid, giveth &s;uch Land, and the ten pounds con&s;ideration is not paid, the Patent is not void. Contrary of a Patent made upon fal&s;e &s;urmi&s;e, as that the Land came to the King upon the at|tainder of <HI>J.S.</HI> and it is fal&s;e, the Patent is void.</P>
<P>6. H. 7. <HI>fol.</HI> 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 fir&s;t grant, the King is deceived, and the &s;econd Grant is void.</P>
<P>The King grants to you (the Chattels of Felons and Fugitives, for what&s;oever Offences) you &s;hall not have the Goods of one that &s;tands dumb, for the&s;e are Forfeits for Contempt, and this Grant &s;hall be taken &s;trictly, becau&s;e it ru&s;heth upon the Kings Prerogative, 8. H. 4. <HI>fol.</HI> 2.</P>
<P>The King grants to one the Chattels of Felons and Fugitives, and of what&s;oever Offenders, the Granter &s;hall have the Goods of him attaint for petty Trea&s;on, and not for high Trea&s;on by the&s;e general words (for what Offen|ces &s;oever) 22. <HI>Book of A&s;&s;i&s;es,</HI> 40.</P>
<P>If one kill the Kings Amba&s;&s;adour, this is high Trea&s;on, and for that he &s;hall not have his Goods, but Goods of one attaint for petty Trea&s;on, by the Grant (of Goods and Chattels of Felons and Fugitives, and for what&s;oever Offences) he &s;hall have, for that is Felony, 22. <HI>Book of A&s;|&s;i&s;e</HI> 49.</P>
<P>Where there is a Grant to you by a common per&s;on (all his Goods) A Lea&s;e for years, nor a Ward pa&s;s not, for (Goods) are Moveables, alive and dead, and not Chat|tels, 4. <HI>Ed.</HI> 6. <HI>Brook Grants,</HI> 51.</P>
<P>And for that the King grants (all the Goods of Fe|lons) you shall not have a Lea&s;e for years of one attaint, for it is a Chattell real, <HI>Brook, Done,</HI> 438.</P>
<P><PB N="62" REF="34"><HI>Plowden, fol.</HI> 424. Where one grants all his Lands and Tenements to one, there a Lea&s;e for years may pa&s;&s;e, where the King grants (all the Goods and Chattels of Fe|lons of his men) that is but his own Tenants, unle&s;&s;e it be an ancient Grant, and the Grant put in u&s;e of other Te|nants, al&s;o 40. <HI>Book of A&s;&s;i&s;es,</HI> 41.</P>
<P>If one grant all his Goods, as well living as dead, a Rent charge, which the Grantor hath for years, pa&s;&s;eth by this Grant, 39. H. 6. <HI>fol.</HI> 37.</P>
<P>Where Chattels are granted to one, by this he hath as well Chattels moveables as not moveables, for a Lea&s;e for years is within this word Chattels, as it appears by <HI>Bra|cton, Stamford, fol.</HI> 44. <HI>Prerogative.</HI></P>
<P>Where Chattels are granted to one, he &s;hall have the Corn of a Felon, growing upon the Land of a Felon, at the time of the Forfeiture, and right of Actions to the Goods, as where Goods by wrong are taken from a Felon, and where one is indebted to a Felon by Obligation, or is accountable to a Felon for any Receits, <HI>Stamford,</HI> 45. <HI>Pre|rogative.</HI></P>
<P>The King may have Debt due by Obligation to a Fe|lon, and not which is due by Contract, 16. <HI>Ed.</HI> 4. <HI>fol.</HI> 4.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Chattels.</HEAD>
<P>IF a Di&s;&s;ei&s;or &s;ow the Land, and &s;ever that before the Di&s;&s;ei&s;ee re-enter, the Di&s;&s;ei&s;ee cannot take the Corn, for they are Chattels, and come by his indu&s;try, but o|therwi&s;e it is of Trees cut by the Di&s;&s;ei&s;or, and made in Fagots, or Gra&s;&s;e made in Hay, which come by the Soil, 5. <HI>H.</HI> 7. <HI>fol.</HI> 16. and 2. <HI>H.</HI> 7. <HI>fol.</HI> 2. the &s;ame.</P>
<P>39. <HI>Ed.</HI> 3. <HI>Tit.</HI> 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.</P>
<P>7. <HI>Ed.</HI> 6. <HI>Tit. Grants,</HI> 55. A man grants all his Lands and Tenements in <HI>D.</HI> a Lea&s;e for years doth not pa&s;&s;e, that is, where he hath Lands in fee in <HI>D.</HI> and al&s;o a Lea&s;e there.</P>
<P>37. <HI>H.</HI> 8. <HI>Done,</HI> 41. It is &s;aid for Law, that if a man give all his Lands and Tenements in <HI>D.</HI> by this a Lea&s;e for years doth not pa&s;&s;e, for (Lands and Tenements) &s;hall be in|tended, Free-hold at the lea&s;t.</P>
<P><PB N="63" REF="34">10. <HI>Ed.</HI> 4. <HI>fol.</HI> 1. If an Executor give all his Goods and Chattels, the Goods of the Te&s;lator do not pa&s;&s;e and clear, the Giver &s;hall not forfeit them.</P>
<P>28 <HI>H.</HI> 8. <HI>fol.</HI> 4. by <HI>Elliot,</HI> If a man give all his Goods and Chattels, Hawks nor Hounds do not pa&s;&s;e.</P>
<P>18 <HI>Ed.</HI> 4. <HI>fol.</HI> 14. For that they are of a wilde Nature.</P>
<P>9 <HI>H.</HI> 7. <HI>Tit. Grants, Brook,</HI> 87. If a man hath Lands in Lea&s;e, and is &s;ei&s;ed of other in fee, and make a Feofment of them both, and Livery onely in the Land in fee, the Land for years doth not pa&s;&s;e.</P>
<P>8 <HI>Ed.</HI> 4. <HI>fol.</HI> 4. by <HI>Pigot.</HI> Where a man gives to me a Deed of Feofment, then I have not the Land, that is but a Chattell in me.</P>
<P>39 <HI>Ed.</HI> 3. <HI>Tit. Charters,</HI> 6. A man granteth the next Ad|vou&s;on to <HI>J.S.</HI> and his Heirs, it is but a Chattell, for it is but for one turn; the &s;ame Law for a Lea&s;e to him, and his Heirs for twenty years, 136. <HI>the &s;ame, Book of A&s;&s;i|&s;es,</HI> 22.</P>
<P>21 <HI>H.</HI> 7. <HI>fol.</HI> 26. A man &s;ei&s;ed in fee maketh a Furnace of Lead in the midde&s;t of his Hou&s;e, which was fixed to the Walls, and died, the Heir &s;hall have that, and not the Executors, for it is fixed to the Free-hold, and not a Chattell; the &s;ame Law is of Fats fixed in a Brew-hou&s;e or Dy-hou&s;e; and at this day is the like of Gla&s;&s;e, though there it was held the contrary; but it &s;eemeth where the Termor fixeth &s;uch things, he may take it within the Terme, but after the Terme not; and the Heir &s;hall have Table-dormants, and tho&s;e things which cannot be at|tached in A&s;&s;i&s;e.</P>
<P><HI>Stamford,</HI> 45. Chattels are as well Chattels moveables as not moveables, and Lea&s;es 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.</P>
<P>10 <HI>Ed.</HI> 4. <HI>fol.</HI> 1. It &s;eemeth where one gives all his Goods and Chattels, the Charters of the Giver doth not pa&s;&s;e: See 4 <HI>H.</HI> 7. <HI>fol.</HI> 10.</P>
<P>38 <HI>Ed.</HI> 3. <HI>Tit. Charters,</HI> 24. It &s;eemeth that Charters are but Chattels.</P>
<P>8 <HI>Ed.</HI> 4. <HI>fol.</HI> 4. If one give to me a Deed of Feofment, whereof I have not the Land, this is but a Chattell in me.</P>
<P><PB N="64" REF="35">21. <HI>Ed.</HI> 4. <HI>fol.</HI> 80. Writings may be laid to pawn for Mo|ney borrowed, by which it &s;eems that Writings are Chat|tels in divers Ca&s;es.</P>
<P>37. <HI>A&s;&s;i&s;e,</HI> 11. A Woman hath Execution by Statute-Marchant of Land, and takes a Husband, this is a Chat|tell, and for that the Husband may give it.</P>
<P>24. <HI>Fd.</HI> 3. <HI>Tit. Charters</HI> 5. <HI>by Thorp,</HI> The E&s;cheator may &s;ei&s;e the Ward, though there be no Office found, for it is a Chattell, and ve&s;ted in the King without an Office.</P>
<P>4. <HI>H.</HI> 7. <HI>fol.</HI> 10. Where Tenant in Tail di&s;continues and dies, the Deed in Tail belongs to the Heir, before he hath re-continued his E&s;tate in the Land, and it is no Chattell, but an Inheritance; for if one give all his Goods and Chattels he &s;hall not have &s;uch Deeds.</P>
<P><HI>Now let us &s;ee that the not u&s;ing of Priviledge and Liberty is the cau&s;e of cea&s;ing of that, and where not: I intend not u&s;ing of Liberty, which is for the benefit of the party, this is no cau&s;e of cea&s;ing, but where it is for the Common|wealth; not u&s;ing is a cau&s;e of cea&s;ing, and mi&s;-u&s;ing is a cau&s;e of cea&s;ing for ever.</HI></P>
<P>IF one have Liberties and do not u&s;e them within memo|ry, all is gone, 14. <HI>H.</HI> 7. <HI>fol.</HI> 1.</P>
<P>Not u&s;ing of the Office of Clerk of the Market, is cau&s;e of cea&s;ing, for that is for the Common-wealth, 2. <HI>H.</HI> 7. <HI>fol.</HI> 11.</P>
<P>By <HI>Billing,</HI> by mi&s;-u&s;ing, and not u&s;ing al&s;o of Market &s;hall cea&s;e, 2. <HI>H.</HI> 7. <HI>fol.</HI> 11. &amp; 15. <HI>Ed.</HI> 4. <HI>fol.</HI> 7.</P>
<P>Where the Abbot of <HI>S. Albans</HI> had a Gaol by Franchi&s;e, and would not be at co&s;ts with the Ju&s;tices of the Gaol|delivery, to make Delivery of Pri&s;oners, and kept them long in Pri&s;on, for that it was &s;ei&s;ed into the Kings hands, 8. <HI>H.</HI> 4. <HI>fol.</HI> 17.</P>
<P>If the Lord of the Franchi&s;e refu&s;e to do a thing com|manded by the Court, as to bring in his Pri&s;oners, it is a forfeiture of his Liberty, contrary where it is commanded by proceffe, by <HI>Hu&s;&s;ey.</HI></P>
<P>If a Lord refu&s;e to do right, or mi&s;u&s;e his Franchi&s;e by him&s;elf or by his Bailiff, or Deputy or do not u&s;e his Franchi&s;e, that &s;hall be re&s;ei&s;ed, and all Lords which have franchi&s;es &s;hal attend upon the Ju&s;tices of A&s;&s;i&s;e in per&s;on,
<PB N="65" REF="35">or by their Bailiffs or otherwi&s;e they &s;hall forfeit their Franchi&s;es 20. <HI>Ed.</HI> 4. <HI>fol.</HI> 5.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Confirmation.</HEAD>
<P>NOte that there need be no Confirmation of a Char|ter of grant of Liberties, after the death of every King as it is u&s;ed, 1. <HI>R.</HI> 3: <HI>fol.</HI> 4. But otherwi&s;e it is of Of|ficers judiciall, 33. <HI>H.</HI> 8. <HI>tit</HI> 203. If the King grant the Chattells of Felons to one and dies, there need no confir|mation of that, otherwi&s;e if there were a Faire or a Mar|ket granted, or a judiciall thing or a mini&s;teriall Office granted.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Suit.</HEAD>
<HEAD TYPE="sub">Then the next branch of Charge is Suitors and for that let us &s;ee, who are re&s;ident which ought to make Suit at the Leet and who not.</HEAD>
<P>SUite reall is at a Leet, <NOTE PLACE="marg">Re&s;idents.</NOTE> and this is by rea&s;on of their re&s;i|dence, 12. <HI>H.</HI> 7. <HI>fol.</HI> 17.</P>
<P><HI>Eitzh,</HI> 160. <HI>B.</HI> A man which is not re&s;ident but hath Lands within the Leet, &s;hall not be de&s;treined, (but where he is dwelling) to make &s;ute to the Leet, <HI>Marlebridge chap.</HI> 10, Who have Tenements in diver&s;e Hundreds, have no nece&s;&s;ity to come to the&s;e Turnes, unle&s;&s;e in the Baily|wicks where they are dwelling where the Ma&s;ter is re&s;ident, and al&s;o his Servant in &s;ome Leet as well the Ma&s;ter as the Servant, 2 <HI>H.</HI> 4. <HI>fol.</HI> 17.</P>
<P>Men of Religion, Clerkes, Knights, nor Women &s;hall not be Deciners, <HI>Fitzh, fol.</HI> 160. <HI>C.</HI> Regi&s;ter, <HI>fol.</HI> 181. <HI>Britton fol.</HI> 19.</P>
<P>It is provided, that they have no need to come, <NOTE PLACE="marg"><HI>Ra&s;t. Coun|ty</HI> 2.</NOTE> Arch-Bi&s;hops, Bi&s;hops, Abbots, Priors, Earles, Barons, nor any religious Men, or Women, <HI>Marlebridg chap.</HI> 10.</P>
<P>A man &s;hall not make Suite twice to two Leets of &s;eve|rall men for his re&s;idency, but one time to one and ano|ther
<PB N="66" REF="36">day to another he may, but one may come twice to the Leet of one per&s;on, and yet may be charged to come to the Turne of the Sheriffe, 18 <HI>H.</HI> 6. <HI>fol.</HI> 13.</P>
<P>Every man ought to be attendant to a view of frank|pledge, 21 <HI>Ed.</HI> 3. <HI>fol.</HI> 12.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>For that the not &s;cowring of Ditches adjoyning to High waies and Bridges, and al&s;o other an|noyances in waies are pre&s;entable in Leets, and is another branch of the Charge, let us &s;ee how they &s;hall be done and what by the Common Law and what now by the Statutes.</HEAD>
<HEAD TYPE="sub">Waies.</HEAD>
<P>IF a man have Land adjoyning to the Kings High way he is charged of common right to clean&s;e the Ditches without any pre&s;cription, <NOTE PLACE="marg">8 <HI>H.</HI> 7: <HI>fol.</HI> 6.</NOTE> but if he be not next adjoyning, it is otherwi&s;e, for there he is not chargable without pre|&s;cription, but it is &s;aid, that he who&s;e land is next adjoyning to a Bridge, <NOTE PLACE="marg">Purpre|&s;tures.</NOTE> is not held of common right to repaire the Bridge, though the Bridge have been there time out of minde, unle&s;&s;e he have that made by pre&s;cription.</P>
<P><HI>Magna Charta, <NOTE PLACE="marg"><HI>Ra&s;tall. Bankes</HI> 2. <HI>Bridges. Ra&s;tall. Bridges</HI> 1.</NOTE> chap.</HI> 15. No Town nor Free-man &s;hall be di&s;treined to make Bridges unle&s;&s;e that of old they u&s;e to make them in the time of <HI>King H.</HI> our Grand-Father, the Statute of 22 <HI>H.</HI> 8. chap. 5. Gives power to the Ju&s;ti|ces of A&s;&s;i&s;e to determine the making of Bridges, where it cannot be held and proved what per&s;on certaine ought of right to make &s;uch decaied Bridges, and what &s;hall be made by the Inhabitants, or riding where &s;uch decayed Bridges are, by which it appeares, that he which hath Land adjoyning to a Bridge, is not chargeable to make the Bridge unle&s;&s;e it be by pre&s;cription. <NOTE PLACE="marg">2 <HI>Ed.</HI> 4. <HI>fol.</HI> 9.</NOTE></P>
<P>By <HI>Moyle</HI> if any incroachings be made over the Kings Way as by a Ditch, Hou&s;e, or Wall, it &s;hall be puni&s;hed by pre&s;entment in the Leet, and I collect upon the opini|on of this book, and upon 8. <HI>Ed.</HI> 4. <HI>fol.</HI> 9. And upon 27. H. 6. <HI>fol.</HI> 9. and upon 6. <HI>Ed.</HI> 3. way 2. Where a Lord of a Mannor hath Land upon both parts of a High way, that
<PB N="67" REF="36">he &s;hall have the Trees growing in the High way, and al&s;o where a way is over a wa&s;te of the Lords, <NOTE PLACE="marg">Way.</NOTE> but where a Free-holder hath Land of each part of the High way, he &s;hall have no Trees growing in the Highway, and where he hath Land joyning but upon one part of the way he &s;hall have no Trees growing upon that halfe of the way, 2. <HI>Ed.</HI> 4. <HI>fol.</HI> 9. But <HI>Britton fol.</HI> 111. Saith, that a Frec-holder &s;hall have Trees if it be not in the common High way.</P>
<P>He which doth not &s;cowre his Ditches adjoyning to a Highway, <NOTE PLACE="marg"><HI>Ra&s;. High waies</HI> 6.</NOTE> ought to forfeit for every rod not made 12 pence every time 18. <HI>Eliz.</HI> chap 10. and before that by the com|mon Law he which had Land adjoyning to the High way, ought to &s;cowre his Ditches adjoyning to the High way.</P>
<P>It is provided that the Hedges, Fences and Ditches next to either part of the High waies or common travelling Waies, &s;hall be from time to time &s;cowred and repaired, <NOTE PLACE="marg">Waies.</NOTE> and that all Bu&s;hes and Trees in them growing &s;hall be cut by the owners, and by, 8 <HI>Eliz.</HI> chap 10. for not doing of that, forfeit ten &s;hillings, and the&s;e points of the &s;aid two Statutes are inquirable in a Leet, 5 <HI>Eliz. c.</HI> 13. Com|mi&s;&s;ion may be awarded for not repairing Bridges, <HI>Fitzh</HI> 113. <HI>a.</HI> and 127. <HI>d.</HI></P>
<P>By <HI>Shelley,</HI> If one do not clen&s;e his Ditch but &s;uffer that to drownd the high way he &s;hall be amerced, 12. <HI>H.</HI> 8. <HI>fol.</HI> 19.</P>
<P>And note that injuries made in the High way are pre&s;ent|able in Leet, as it follows, but not injuries in private waies, but the party greived &s;hall have an A&s;&s;i&s;e of Nu&s;ance or an action upon the ca&s;e, if he have no free-hold, and yet it is u&s;ed to inquire if one &s;top private way, but it is to no pur|po&s;e, if it be not for evidence in an A&s;&s;i&s;e of Nu&s;ance as an inque&s;t of Office, but it &s;eemeth to be good between Copy|holders, which cannot have an A&s;&s;i&s;e of Nu&s;ance; nor an a|ction upon the ca&s;e for &s;topping a way and the paine upon that is good to be a&s;&s;e&s;&s;ed.</P>
<P>By <HI>Fairefax,</HI> A Leet hath power to inquire of common annoyances, but not of particuler, as if one &s;top my pri|vate way, or breake my Clo&s;e, that is not inquirable, <HI>A.</HI> 3. <HI>fol.</HI> 1.</P>
<P>If a High way be not repaired, &s;o that I be damnified by miring my Hor&s;e, I &s;hall not have an Action for that,
<PB N="68" REF="37">but a pre&s;entment &s;hall be of that in a Leet, &s;ee 27. <HI>H.</HI> 8. <HI>fol.</HI> 27. and 5. <HI>Ed.</HI> 4. <HI>fol.</HI> 3.</P>
<P>If one &s;ow my private Way to my Meadow, I &s;hall have an A&s;&s;i&s;e of Nu&s;ance; and it is not pre&s;entable in Leet, and where he &s;treigrens it, action upon the ca&s;e lieth, 33. <HI>H.</HI> 9. <HI>fol.</HI> 29. The &s;ame Law of my way &s;topt to the Church, 6 <HI>Ed.</HI> 4. <HI>fol.</HI> 37. If one &s;top the water running to my Mill, I &s;hall have an A&s;&s;i&s;e of Nu&s;ance and it is not pre&s;entable in Leet, 2. <HI>H.</HI> 4. <HI>fol.</HI> 12.</P>
<P>The Free-hold of a High way is to the Lord, and pa&s;|&s;age for the People is to the King, and puni&s;hment for annoying of that may be to the Leet, 6 <HI>Ed.</HI> 3. way 2. and 2. <HI>Ed.</HI> 4. <HI>fol.</HI> 9.</P>
<P>In a High way, the King hath but pa&s;&s;age for him and his People, but the Free-hold and all the profits are to the Lord of the Soile, as Trees, <HI>&amp;c.</HI> the King &s;hall puni&s;h annoyance made there, and the Lord &s;hall have an action for digging the Land there, 27. <HI>H.</HI> 6. <HI>fol.</HI> 9. and 8. <HI>Ed.</HI> 4. <HI>fol.</HI> 9.</P>
<P>He which hath Lands adjoyning to the way hath the half of the way, unle&s;&s;e it be a common High way, for there it is otherwi&s;e, for there it is to the Lord, <HI>Britton fol.</HI> 111.</P>
<P>Kings High way is that which leadeth from Town to Town, and common way is that which leadeth from a Town to the Feild to their Lands, 3. <HI>Ed.</HI> 3 <HI>Statham. Tit.</HI> Wayes.</P>
<P>It &s;eemeth there are royall VVayes, or High waies, common waies, and private waies, and to &s;top private waies an action lies.</P>
<P><HI>Fitzh</HI> 124. If one be di&s;turbed from his way he &s;hall have a <HI>Quod permittat, B.</HI> to have a certaine way o|ver the Land of the &s;aid <HI>A.</HI> in <HI>D.</HI> as he ought and was wont.</P>
<P>33. <HI>H.</HI> 6. <HI>fol.</HI> 29. It &s;eemeth where my way is &s;traitned or impaired I &s;hall have an action upon the ca&s;e, but if it be all &s;topt I &s;hall have an A&s;&s;i&s;e of Nu&s;ance, but by <HI>Pri&s;ot,</HI> if the &s;topping of the way be by the Land Tenant, A&s;&s;i&s;e of Nu|&s;ance lieth, But if it be by a &s;tranger an action upon the ca&s;e lieth, but of a common annoyance that is made in the Royall way, none &s;hall have an action but pre&s;ent that in a Leet, or <GAP DESC="blank"> and &s;et a Fine upon him for
<PB N="69" REF="37">the King, and by <HI>Pri&s;ot</HI> I &s;hall have an A&s;&s;i&s;e of Nu&s;ance or a <HI>Quod permittat,</HI> again&s;t all the Tenants, though but one of them &s;top the way.</P>
<P>5. <HI>Ed.</HI> 4. <HI>fol.</HI> 3. If a common way be, and is not repaired by him which ought to do it, &s;o that I be in lo&s;&s;e by that, I &s;hall not have an action; but by way of pre&s;entment in Leet, <HI>&amp;c.</HI> 27 <HI>H.</HI> 8. <HI>fol.</HI> 32. &s;ee there.</P>
<P><HI>Fitzh</HI> 184. A&s;&s;i&s;e of Nu&s;ance, he &s;topped the way or &s;trait|ned the way in <HI>D.</HI> to the hurt, <HI>&amp;c.</HI> it lieth, 48. <HI>Ed.</HI> 3. <HI>fol.</HI> 27. <HI>Arctavit viam</HI> a good forme.</P>
<P>11. <HI>H.</HI> 4. <HI>fol.</HI> 81. <HI>&amp;c.</HI> Where one hath a way over a Bridge to his Mannor, which another ought to repaire, and he &s;uffers a decay, &s;o that he cannot pa&s;&s;e, action upon the ca&s;e lieth.</P>
<P><HI>Fitzh</HI> 183. A&s;&s;i&s;e of Nu&s;ance lieth where a man hath made an annoyance to my Free-hold which I have for my life in Taile, or in Fee, and &s;o it followeth that a Termer for yeares &s;hall not have an A&s;&s;i&s;e but an action upon the ca&s;e, &s;ee, 27. <HI>H.</HI> 3. <HI>tit.</HI> A&s;&s;i&s;e 437. If one let Lands for yeares, and after an annoyance is made, the le&s;&s;or &s;hall have an A&s;|&s;i&s;e and not the Le&s;&s;ee.</P>
<P>11. <HI>H.</HI> 4. by <HI>Hanke</HI> and <HI>Culpepper</HI> if a man hath a way, unity extincts it, 3. <HI>H.</HI> 6. <HI>fol.</HI> 42.</P>
<P>21. Booke of A&s;&s;i&s;es 1. Where a way is extinct by unity of po&s;&s;e&s;&s;ion in the Father yet it may be afterwards revi|ved by partition with Compo&s;ition, for the Compo&s;ition makes that, and it is called a new way.</P>
<P>5. <HI>H.</HI> 7. <HI>fol.</HI> 7. A Way belonging cannot be made in gro&s;&s;e by grant, for none may have the Commodity of that, but he which hath the Land to which the Way is appen|dant, the &s;ame Law of common appendant, but otherwi&s;e it is common appurtenant.</P>
<P>26 <HI>H.</HI> 8. <HI>fol.</HI> 4. Appendant cannot be aliened and &s;evered in Drifts and Waies to Clo&s;ures, yet the Free-Holder &s;hall have the Trees, but commonly in high way there is &s;ome wa&s;te in which the Tenants have common of pa&s;ture, and the Trees growing there are to the Lord of the Mannor.</P>
<P>17. <HI>Ed.</HI> 3. <HI>fol.</HI> 43. Is, that the Free-hold and the Soile of a high &s;treet is in the Lord of the Mannor, and the Peo|ple have nothing there but the pa&s;&s;age, and 8 <HI>H.</HI> 7. <HI>fol.</HI> 5. by <HI>Keble,</HI> the Soile and Free-hold in the way is to tho&s;e which have Land adjoyning.</P>
<P><PB N="70" REF="38">2. <HI>Ed.</HI> 4. <HI>fol.</HI> 9. Where there is a common way through|out a Feild, the Free-hold of the Soile is to the Tenant of the Land adioyning and not to the King, for he hath but pa&s;&s;age for his People.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Incidents.</HEAD>
<P>A Man cannot di&s;pence with a Suite to a Leet unle&s;&s;e by &s;peciall words, 8. <HI>Ed.</HI> 2. <HI>tit.</HI> 28</P>
<P>2. <HI>H.</HI> 7. <HI>fol.</HI> 4. Partition is made of foure Mannors which de&s;cend to foure coparceners, that every one &s;hall have a Mannor except the Advow&s;on, and by that the Advow&s;on is ingro&s;&s;e and &s;evered, and if all dy but one, it &s;hall be appendant again.</P>
<P>8 <HI>H.</HI> 7. <HI>fol.</HI> 1. By grant of a hundred, Leet pa&s;&s;eth as In|cident, for a Hundred cannot be without a Leet, for a Leet is parcell of it, and to a Mannor a Court Baron is Inci|dent and to homage fealty, and to a Faire a Court of Pi|pouders, and it &s;eemeth the&s;e cannot be &s;eve|red.</P>
<P><HI>Perk. fol.</HI> 22. Common appendant cannot be &s;evered, nor E&s;tovers to be burned in a Hou&s;e, but a Villian regardent may be &s;evered, and an Advow&s;on appendant and made in gro&s;&s;e, for an Incident in&s;eperable cannot be &s;evered by grant, as in the ca&s;e next before, but Incidents &s;eperable may be.</P>
<P>40 <HI>Ed.</HI> 3. <HI>fol.</HI> 22. Bea&s;onable aid, to make his Son Knight or to marry his Daughter and releife, for &s;occage after the death of his Tenant cannot be relea&s;ed by generall words, therefore relea&s;e of all actions and demands be&s;ides fealty and Rent by the Lord to the Tenant, &s;hall not extinct the&s;e Incidents, the contrary is &s;aid, if it be by &s;peciall words.</P>
<P>19. <HI>H.</HI> 8. <HI>tit.</HI> Incidents 34. Court-Baron is &s;o incident to a Mannor and Court of Pipowders to a Faire, that they cannot be &s;evered by grant, for if they grant the Mannor or Fair they cannot re&s;erve &s;uch Courts.</P>
<P>7. <HI>Ed.</HI> 4. <HI>fol.</HI> 11. Lord and Tenant, the Lord relea&s;eth to the Tenant the di&s;tre&s;&s;e, this is void, for the di&s;tre&s;&s;e is
<PB N="71" REF="38">Incident, the &s;ame of relea&s;e of Fealty to him which holds by Homage, for Fealty is Incident to Homage and is in|&s;eperable.</P>
<P>26. booke of A&s;&s;i&s;es 66 Lord and Tenant by Fealty, E&s;cu|age and Rent, and the Lord grants the Rent, this is Rent &s;eek and &s;evered, for Fealty remaines with the Homage as Incident to it, the &s;ame Law where a Rent is Incident to a Rever&s;ion, and yet the&s;e may be &s;evered by &s;peciall grant, 29. booke of A&s;&s;i&s;es 20. the &s;ame, <HI>Littl. fol.</HI> 40. Where the Tenant holds by Homage Fealty and Rent, if the Lord grant the Rent, &s;aving to him the Homage, this Rent is Rent Seck and &s;evered, the &s;ame Law if he grant the Homage, &s;aving the Rent, and where he holds by Rent and Fealty, and grants the Rent &s;aving the Fe|alty, or left for life rendring Rent, and grants the Rent &s;aving the Rever&s;on, the Rent is Seck.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Re&s;cous and pound breach is another branch of the Charge.</HEAD>
<P>HE which de&s;traines Bea&s;ts may put them in a clo&s;e Hou&s;e if he will give them meate, for the putting into the open pound is that the owner may give them meate, 33. <HI>H.</HI> 8. <HI>tit</HI> di&s;tre&s;&s;e 66.</P>
<P>If a man de&s;traine without cau&s;e, the owner may make Re&s;cous, but if he put them into the pound, he cannot breake it, for they are in cu&s;tody of the Law, &s;ee 40. <HI>Ed.</HI> 3. <HI>fol.</HI> 33. and <HI>Fitzh fol.</HI> 102. <HI>E.</HI></P>
<P>It &s;eemes if a Lord de&s;train where Rent is not be|hinde, the Tenant &s;hall not make Re&s;cous, 4 <HI>Ed.</HI> 6. <HI>tit.</HI> di&s;tre&s;s 74.</P>
<P>If a man de&s;traine wrongfully, the owner may make Re&s;cous, 5. <HI>Ed.</HI> 4. <HI>fol.</HI> 7. by <HI>Danby,</HI> 39. <HI>Ed.</HI> 3. <HI>tit</HI> 20.</P>
<P>If Bea&s;ts put into the pound dye, it is at the lo&s;&s;e of the owner, though he have tendred &s;ufficient mends, for he might have a Replevin, Doctor and Student, <HI>fol.</HI> 8.113.</P>
<P>I may impound a dead thing where I plea&s;e, but if that corrupt by my default I &s;hall an&s;wer for it, 9. <HI>Ed.</HI> 4. <HI>fol.</HI> 2.</P>
<P><PB N="72" REF="39"><HI>Fitzh</HI> 102. <HI>L,</HI> If the Lord do de&s;traine where is no Rent nor &s;ervice behinde, the Tenant cannot make Re&s;|cous.</P>
<P>9. <HI>Ed.</HI> 3. <HI>fol.</HI> 35. If a man de&s;traine wrongfully, the owner of the Bea&s;ts may make Re&s;cous, but by 4. <HI>Ed.</HI> 6. it was agreed, if he de&s;traine and impound them the owner cannot take them out, for they are in cu&s;tody of the Law, 5. <HI>Ed.</HI> 4. <HI>fol.</HI> by <HI>Danby</HI> the &s;ame.</P>
<P>2. <HI>H.</HI> 4. <HI>fol.</HI> 18. If a man de&s;traine my Bea&s;ts, which e&s;|cape into his Land out of the great wa&s;te, I may re&s;cue them, but if I keep them, or put them there, or by <HI>Hank|ford,</HI> if I have notice, that they u&s;e to go there, this is no e&s;cape, and there I ought not to make Re&s;cous, &s;ee, 7. <HI>H.</HI> 7. <HI>tit.</HI> 1.</P>
<P>2. <HI>H.</HI> 4. <HI>fol.</HI> 24. In Re&s;cous, nothing behinde, and al&s;o that he was never &s;ei&s;ed and are good Pleas, Que|re.</P>
<P>5. <HI>Ed.</HI> 4. <HI>fol.</HI> 7. Sei&s;ing is not Traver&s;able in Re&s;cous by opinion there, 6. <HI>Ed.</HI> 4. <HI>fol.</HI> 12. The &s;ame, 8 H. 4. <HI>fol.</HI> 1.</P>
<P>21. H. 4. <HI>fol</HI> 40. By the Court where the Lord comes to de&s;traine and &s;ees the Bea&s;ts, and the Tenant perceiving that, cha&s;eth the di&s;tre&s;&s;e out of his Fee, the Lord &s;hall not have a Writ of Re&s;cous, for he hath no po&s;&s;e&s;&s;ion of the Bea&s;ts, but he may follow them and de&s;traine them, but if they were cha&s;ed out of his Fee before the Lord &s;ee them, there he cannot de&s;traine them, 44. <HI>Ed.</HI> 3. <HI>f.</HI> 20. the &s;ame, <HI>Fitzh</HI> N. B. 102. <HI>G.</HI></P>
<P>33. H. 6. <HI>fol.</HI> 58, A man attacheth a Hor&s;e in a corpo|rate Town, and there he is re&s;cued, and cha&s;ed into ano|ther County, upon fre&s;h Suite the Officer may take him a|gaine.</P>
<P>6. <HI>Ed.</HI> 4. <HI>fol.</HI> 12. By <HI>Yelverton,</HI> in Re&s;cous, nothing behinde is no Plea, for if the Lord de&s;traine, where no &s;ervice is behinde, the Tenant is at no mi&s;cheife for the Tenant may have a Replevin, and in this Writ recover his damages.</P>
<P><HI>Fitzh</HI> 101. Re&s;cous lieth where a man de&s;traines for Rent or for &s;ervices or damage doing, and tho&s;e would impound, and another Re&s;cues them, and if a Collector or under Collector di&s;treine for a fifteenth or a Bailiff or a Sheriff or other Officer di&s;traine for the King, and Re&s;|cous is made, they &s;hall have a Re&s;cous and not the King,
<PB N="73" REF="39">but if a Bailiff of a Liberty di&s;traine for the King and Re&s;cous is made, the Lord of the Liberty &s;hall have Re&s;cous, and if the Bailiff or Officer of a common per&s;on di&s;traine, Re&s;cous is made, he which cau&s;eth the di&s;tre&s;&s;e to be made, &s;hall have Re&s;cous.</P>
<P>39. H. 6. <HI>fol.</HI> 42. Redi&s;&s;ei&s;in to Coroners, and one a|lone maketh a precept, Re&s;cous upon that is Ju&s;tifica|ble.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>A&s;&s;aults and Fraies.</HEAD>
<HEAD TYPE="sub">For that, that A&s;&s;aults and Fraies are inqui|rable, let us &s;ee which are puni&s;hable in a Leet, and what not.</HEAD>
<P>AS Saults are not inquirable and puni&s;hable, by pre|&s;entment in Leet, but blood-&s;hed is, 8. <HI>Ed.</HI> 4. <HI>fol.</HI> 5. By <HI>Fairefax,</HI> Leet hath no power to inquire, but of tho&s;e which make common annoyance at the common Law; as of Affraies and blood-&s;hed, but not if one hath bro|ken my Clo&s;e, or if one hath beaten me, but if any Af|fray were, &s;o that the Kings People were di&s;turbed, for that is more then particuler, 1 <HI>R.</HI> 3, <HI>fol.</HI> 1.</P>
<P>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 puni&s;hable by pre&s;entment in Leet, 11 H. 6. <HI>fol.</HI> 29.</P>
<P>If one a&s;&s;ault to beat you, and you fly and he inclo&s;e you, or if you be at Hedge or Ditch and then you beat him and wound him, this is not puni&s;hable in a Leet, 34 H. 6. <HI>fol.</HI> 8. and 33. H. 6. <HI>fol.</HI> 20.</P>
<P>If <HI>J. S.</HI> makes an A&s;&s;ault upon a Stranger, and <HI>J. D.</HI> draws his Sword and beats and wounds <HI>J. S.</HI> in defence of the Stranger, this is puni&s;hable by a pre&s;entment in a Leet. But if a Servant beat and wound one which maketh an a&s;|&s;ault upon his Ma&s;ter in defence of his Ma&s;ter, he is not pu|ni&s;hable by pre&s;entment in Leet, 12 H. 8. <HI>fol.</HI> 3. and 9 <HI>Ed.</HI> 4. <HI>fol.</HI> 51.</P>
<P>If one lay his hands unlawfully upon any, unle&s;&s;e that he arre&s;t him, or part two that fight, he is a tre&s;pa&s;&s;or, but that is not puni&s;hable by pre&s;entment in Leet, 9 <HI>Ed:</HI> 4. <HI>fo.</HI> 3.</P>
<P><PB N="74" REF="40">If one beat one in defence of his Goods this is not pu|ni&s;hable in a pre&s;entment in Leet, Booke of Entries <HI>fol.</HI> 553. and 19. H. 6. <HI>fol</HI> 21.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tre&s;p&s;s of A&s;&s;aults and Fraies.</HEAD>
<P>TRe&s;pa&s;s by a Chaplain of <HI>Grayes Inne,</HI> the Defendant pleads of his own A&s;&s;ault, and it was held, if he upon whom the A&s;&s;ault is made can e&s;cape with his life, it is not lawfull for him to beate the other which made the A&s;&s;ault, but it is held, that I ought not to &s;tay, till the other hath given me a blow, for paradventure he commeth too &s;hort, 2 <HI>H.</HI> 4. <HI>fol.</HI> 9.10. <HI>Ed.</HI> 4. <HI>fol.</HI> 7. Tre&s;pa&s;&s;e of Gra&s;&s;etrod, and threatning of life and member, a man cannot ju&s;tifie the menace of death, and for that to that he pleads not guilty, 21 H. 6. <HI>tit.</HI> 26. the &s;ame.</P>
<P>33 H. 6. <HI>fol.</HI> 20. Tre&s;pa&s;&s;e of Threatning by <HI>Pri&s;ot,</HI> I cannot threaten one of Life and Member, but if he upon whom the A&s;&s;ault is made fly, and the other followeth him &s;o neere that he cannot e&s;cape, or hath him under him upon the Ground, or hath cha&s;ed him to a Wall, Hedge, Water, or Ditch, there it is lawfull for him to &s;ay, if you will not depart that he to &s;ave his Life will kill him.</P>
<P>3 H. 4. <HI>fol.</HI> 8 Tre&s;pa&s;&s;e of A&s;&s;ault, Impri&s;onment and Battery, Defendant plead to the Battery not guilty, and to the A&s;&s;ault, that the Plantiff came to &s;uch a River; where the Defendant had a Mill, and would have &s;topt the River, and the Defendant took him by the Arme, with|out that, that he made other A&s;&s;ault, and to the Impri&s;on|ment, the Defendant pleads that the Plantiff A&s;&s;aulted him, and would have beate him, by which he prayed the Con&s;table to arre&s;t him, and he came in aid of him, judg|ment if action and good.</P>
<P>22 H. 6. <HI>fol.</HI> 48. Tre&s;pa&s;&s;e of a Servant beaten and En|try into his Hou&s;e, yeare 7 H. 6. Defendant &s;aith that yeare 8 H. 6. he &s;erved a <HI>Subpena,</HI> upon the Plain|tiff, and that the Plaintiff and the Servant took him, and carried him to his Hou&s;e and there deteined him half a day which is the &s;ame Tre&s;pa&s;&s;e, and to any Tre&s;pa&s;&s;e be|fore not guilty, to the Battety of his Servant, which was of his A&s;&s;ault at another day and to any A&s;&s;ault before not
<PB N="75" REF="40">guilty. <HI>Bracton</HI> &s;aith, he is not worthy of Peace, which will not keep it, <HI>Stamford fol.</HI> 30 <HI>a.</HI></P>
<P>40 <HI>Ed.</HI> 3. <HI>fol.</HI> 40. Tre&s;pa&s;&s;e of A&s;&s;ault and Battery and found the A&s;&s;ault only, and Plaintiff recover, but &s;hall not have action of A&s;&s;ault only, 42 <HI>Ed</HI> 3 <HI>fol</HI> 7 the &s;ame, and &s;ee 22 A&s;&s;i&s;e 60.</P>
<P>9 <HI>Ed</HI> 4 <HI>fol</HI> 30 Tre&s;pa&s;&s;e of Battery, it was held that if a man will take my goods, I may lay my hands upon him, and rather beate him then &s;uffer him to carry them away, 19 H. 6. <HI>fol.</HI> 33 the &s;ame, that he may beat one in defence of his Goods.</P>
<P>19 <HI>Ed</HI> 4 <HI>fol</HI> 189 Tre&s;pa&s;&s;e of Battery, a man may Ju&s;tifie the beating of another in his defence but by <HI>Catesby</HI> a man cannot beat another in defence of his Son, but a Servant may beat one in defence of his Ma&s;ter or Mi&s;tris, 21 H 7 <HI>fol</HI> 39. the &s;ame.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Mortmaine.</HEAD>
<HEAD TYPE="sub">Mortmaine is inquirable in a Leet, for that it is for the benefit of the King and in the Kings Court. What is Mortmaine within the Sta|tute and what not.</HEAD>
<P>WHere one Abbot aliens to another Abbor, or Bi&s;hop to another Bi&s;hop and his Succe&s;sor, it is Mort|maine, <HI>Fitzh fol,</HI> 222, <HI>D.</HI> 16, A&s;&s;i&s;e 1.</P>
<P>VVhere Land is divi&s;ed to one to pay twelve pound to finde two Chaplaines for ever to &s;ing in the Church of Saint <HI>Albanes</HI> in <HI>Wood &s;treet</HI> for ever, if it be behinde, that the Chaplaine may di&s;traine, that is Mortmaine, &s;ee 32, <HI>Ed,</HI> 3, 10, and 40. A&s;&s;i&s;e 29.</P>
<P><HI>J. S.</HI> devi&s;eth certaine Land to his Executors, that they &s;hould provide a fit Chaplaine in the Church of <HI>D.</HI> to celebrate for ever, which Chaplaine, &s;hall receive yearly out of the afore&s;aid Lands &s;ix markes, that is no Mortmaine, for nothing is divi&s;ed to the Chaplaine, 4, A&s;&s;i&s;e 27.43, A&s;&s;i&s;e 27.</P>
<P>Foure Acres were devi&s;ed to one in Fee, &s;o that he and his Heires &s;hould pay yearly &s;ix pound for the main|taining
<PB N="76" REF="41">of one Chaplaine to celebrate yearly for ever in the Church of Saint <HI>Leonards</HI> in <HI>E&s;tcheape,</HI> and that the Rector for the time may levie it for ever, that is Mort|maine, 43 A&s;&s;i&s;e 33.</P>
<P><HI>J. S.</HI> devi&s;eth Land and two &s;hillings Rent, for the maintaining of a Chaplaine in the Church of <HI>D.</HI> yearly to celebrate, and I will that my Executors &s;hould ordaine the afore&s;aid Chaplaine, and the Executors do nothing, therefore no Mortmaine, 43 A&s;&s;i&s;e 34.</P>
<P>If a Villain of a Bi&s;hop purcha&s;e Lands in Fee, and the Bi&s;hop enter without licen&s;e it is Mortmaine, 41 of A&s;&s;i&s;es 4, <HI>Fitzh</HI> 224, <HI>B.</HI> 41, <HI>Ed.</HI> 3. <HI>fol</HI> 16.</P>
<P>If a Feoffment be made to the u&s;e of a Bishop and his Succe&s;sors, it is within the Statute, <HI>De religio&s;is,</HI> and &s;o it is where he takes profits, 8, <HI>Ed:</HI> 4. <HI>fol.</HI> 18.</P>
<P>A Bi&s;hop cannot appropriate an Advow&s;on of which he is &s;ei&s;ed in Fee without the Kings licen&s;e, and if he doth it is Mortmaine, <HI>Fitzh</HI> 223 <HI>H.</HI> &s;ee 21 <HI>Ed.</HI> 3. <HI>fol,</HI> 5. &s;eemeth contrary.</P>
<P>If one let to a religious man for a hundred yeares, and &s;o from a hundred to a hundred, during eight hundred yeares, this is Mortmaine, but it &s;eemeth that a lea&s;e to a Religious man for eighty years or for a hundred yeares is no Mortmaine, but in the fir&s;t ca&s;e it is by colour of a Tearme, and Mortmaine 29 <HI>H,</HI> 8, Mortmaine, 39.</P>
<P>Lea&s;e for eighty years to an Abbot by <HI>Martin</HI> is Mort|main, Quere, 4 <HI>H.</HI> 6. <HI>fol.</HI> 9.</P>
<P>The Tenant lets for life to <HI>J. S.</HI> the Remainder to a Religious and his Succe&s;&s;ors, the Lord need not to make claime till the Tenant for Life be dead, for if he in Re|mainder will wave, this is no Mortmaine, for if the Te|nant will make a Feoffment in Fee to the u&s;e of <HI>A.</HI> for life, and after to the u&s;e of a Religious man and his Succe&s;sors, that is not Mortmaine, till the Tenant for life in u&s;e dieth, and he in Remainder takes the profits, 29 <HI>H.</HI> 8. Mortmain 37. Lord and Tenant.</P>
<P>Where one gives in Mortmaine, he ought to have li|cen&s;e of the King to do it, and of the cheife Lord, other|wi&s;e they may enter for Mortmain, and before the licen&s;e there ought to i&s;sue out a Writ of <HI>(Ad quod damnum)</HI> to the King, but is u&s;ed to omit that and to have the licen&s;e, without any Writ of <HI>(Ad quod damnum) Fitzh</HI> 221, <HI>K.</HI></P>
<P><PB N="77" REF="41">Where an Abbot holds of <HI>J, S.</HI> by five &s;hillings and <HI>J. S.</HI> relea&s;eth to the Abbot, this &s;hall go by extingui&s;hment, and for that it is no Mortmain, 22 <HI>Ed.</HI> 3. <HI>fol.</HI> 22.</P>
<P>47 <HI>Ed.</HI> 3. <HI>fol.</HI> 10. If alienation in Mortmain be, and the A|lienee is di&s;sei&s;ed, and the Di&s;&s;ei&s;or dieth &s;ei&s;ed his Heir is in by di&s;cent, 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.</P>
<P>39 <HI>Ed.</HI> 3. <HI>fol.</HI> 38. Lord and Tenant, the Signiory is granted to <HI>A.</HI> in Taile, the Remainder to <HI>B.</HI> in Taile, the Tenant Alien in Mortmaine, the fir&s;t Tenant in Taile cannot enter within the yeare, and after the &s;econd Te|nant in Taile dye without I&s;&s;ue, and <HI>B.</HI> in Remainder enter within halfe a yeare, and held that he could not, for the Tenant in Taile and he in Remainder have but one Sig|niory, and are but one Lord, and both &s;hall have but one yeare by the Statute.</P>
<P><HI>Fitzh</HI> 223 <HI>E.</HI> If a man will exchange Land with an Abbot or other body corporate, that is Mortmaine, and he ought to have a Licen&s;e.</P>
<P><HI>Fitzh</HI> 222 If an Abbot give Lands to another Abbot or a Corporation it is Mortmaine, and ought to have a Li|cen&s;e and <HI>(Ad quod damnum)</HI> &s;hall be &s;ued, and &s;ee the <HI>(Ad quod damnum)</HI> 221. R.</P>
<P>48 <HI>Ed.</HI> 3. <HI>fol.</HI> 29. Abbot purcha&s;e Lands with warranty by Licen&s;e, and is impleaded and vouch, <HI>&amp;c.</HI> and Judg|ment is given again&s;t the Abbot, and he recovers over in value, it is not Mortmaine for the Lands recovered in va|lue, and he ought not to have licen&s;e of the Lands reco|vered in value, for the fir&s;t licen&s;e &s;erves in that, &s;ee, 45 <HI>Ed.</HI> 3. <HI>fol.</HI> 18. Where an Abbot recovers in value.</P>
<P>9 <HI>H.</HI> 6. <HI>fol.</HI> 9. If an Abbot have Rent out of my Land, and I grant to him that he may di&s;traine for the &s;ame Rent in other Land, this is no Mortmain, for he hath no|thing but ancient Rent, and for that it is no Mortmain.</P>
<P>3 <HI>Ed.</HI> 4. <HI>fol.</HI> 14. By <HI>Laicon</HI> the Statute of Religious, holds place of common and Rent charge, which is no Land nor Tenement, and yet the words of the Statute are Lands and Tenements.</P>
<P>25 <HI>H.</HI> 8. <HI>tit</HI> 37. Lord and Tenant, the Tenant lets for life to <HI>J.S.</HI> the Remainder to an Abbot and his Succe&s;sors;
<PB N="78" REF="42">The Lord need not to make claime till the Tenant for life be dead; for if he wave the Remainder it is no Mortmain; and held that the Appropriation of an Advow&s;on without licence is Mortmain.</P>
<P><HI>Fitzh:</HI> 211. The King may give licence to his Tenant to alien in Mortmain; for he may di&s;pence with the Sta|tute, but a common per&s;on cannot, but the King and the Me&s;ne 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 di&s;pen&s;e with it.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Trea&s;ure Trove.</HEAD>
<P>TRea&s;ure hid in the ground, and found, belongeth to the King; and if it be found in the Sea, it is to the finder, <HI>Britton, fol.</HI> 26.</P>
<P>He to whom the property is &s;hall have Trea&s;ure found, becau&s;e it belongeth not to the King, unle&s;s when no man knoweth who hid the Trea&s;ure, <HI>Statham, Tit. Coron.</HI> and 22 H. 6. <HI>Coron.</HI> 446.</P>
<P>Puni&s;hment of taking Trea&s;ure found, is not of life and member, but &s;hall be by Impri&s;onment and Fine, <HI>Statham, Tit: Coron.</HI> and 22 <HI>Ed.</HI> 3. <HI>Coron.</HI> 265.</P>
<P>Trea&s;ure found belongeth to the Lord the King, and not to the Lord of the Liberty, unle&s;s by &s;pecial words in the Deed of the Liberty contained, or by pre&s;cription, <HI>Statham, Tit: Coron. and</HI> 8 <HI>Ed.</HI> 2. <HI>Coron.</HI> 436.</P>
<P>Trea&s;ure found, is a certain old hiding Money or other Mettall, of which there appeareth no memory, &s;o that now it hath no Owner; therefore all &s;uch Trea&s;ure is no mans proper Goods, and by the old Law it was the finders; but now by the Law of the People, it is made the Kings; <HI>Stam|ford, fol.</HI> 39.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>F&s;trey.</HEAD>
<P>WHere the Lord hath by a year and a day a Bea&s;t, and it be cried in the Church, and in the Market, the property is changed, 39 <HI>Ed.</HI> 3. <HI>fol.</HI> 3.</P>
<P>A man cannot intitle him to an E&s;trey, till the year and
<PB N="79" REF="42">the day be pa&s;t, for he to whom the property is, may take him within the year: but <HI>Statham</HI> &s;eemed he could not take it, without agreeing for his meat, 31 <HI>Ed.</HI> 3. <HI>E&s;trey,</HI> 4.</P>
<P>Detinue, I&s;&s;ue if &s;ufficient was tendered for his meat be|fore claim, or not, 44 <HI>Ed.</HI> 3. <HI>fol.</HI> 14.</P>
<P>Young Swans may be taken for a Stray, and Proclama|tion made in Fairs and Markets, 7 <HI>H.</HI> 6. <HI>fol.</HI> 29.</P>
<P>If the Owner do not come within a year and a day, and be proclaimed in Markets and Pari&s;h Churches, then the property remains to the Lord, <HI>Britton, fol.</HI> 26.</P>
<P>One ju&s;tifies to have a &s;tray in his Mannour, (according to the cu&s;tome u&s;ed in the Kingdom of <HI>England</HI>) he pro|claimed them in two Markets, <HI>&s;cil. in D. &amp; S.</HI> on the Mar|ket days; <HI>Brook, E&s;trey,</HI> 10.</P>
<P>If one have a &s;tray by three quarters of a year, and af|ter that &s;trays, and another happens it within his Man|nour, the &s;econd &s;hall not have it, for he hath no property untill the year and day, and Proclamation, 33 <HI>H.</HI> 8. <HI>E&s;trey,</HI> 11.</P>
<P>If a man have a Weif or a Stray by pre&s;cription, and an|other taketh that out of his Mannour, he &s;hall have Tre&s;pa&s;s, though he did not &s;ei&s;e them before. <HI>Fitzh. fol.</HI> 91. B.</P>
<P>One cannot take the Kings Bea&s;ts for a &s;tray, though they were within the Mannour by two years, 39 <HI>Edw.</HI> 3. <HI>fol.</HI> 4.</P>
<P>If one hath taken a &s;tray, and doth not proclaim it, the Owner may take it again, though he comes to claim it after a year and a day; <HI>Britton, fol.</HI> 26.</P>
<P>Book of Entries, One which ju&s;tifies for a &s;tray &s;hall make pre&s;cription, that is to &s;ay, That according to the cu|&s;tome in the Kingdome of <HI>England</HI> u&s;ed, he proclaimed them in two Market Towns, <HI>&s;cil. in D. &amp; R.</HI> and &s;o it &s;eem|eth, that an E&s;trey &s;hall be proclaimed in two the next Mar|ket Towns upon Market days; and yet it &s;eemeth that Strays &s;hall be proclaimed once in the Church, and twice in the Markets.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="80" REF="43">
<HEAD>Waife.</HEAD>
<HEAD TYPE="sub">Where Goods waived are &s;ei&s;ed by an Officer, the party &s;hall not have them again without fre&s;h Suite, and &s;ue an Ap|peal, and now upon an Indictment give that in Evi|dence.</HEAD>
<P>BY fre&s;h Suite the fir&s;t Owner &s;hall re-have his Goods, which were &s;tolne and waived, if he make fre&s;h Sute, and bring an Appeal, 21 <HI>Ed.</HI> 4. <HI>Tit.</HI> 16.</P>
<P>Tre&s;pa&s;s, the Lord ju&s;tifies, for that they were &s;tolne and waived, the Plaintiff may &s;ay, that they were not &s;tolne, or they were not waived, 12 <HI>Ed.</HI> 3. <HI>fol.</HI> 5.</P>
<P>Goods waived, the Owner may &s;ei&s;e them twenty years after, if the Lord of the Franchi&s;e, nor the King &s;ei&s;e be|fore: but if they are &s;ei&s;ed, yet if he bring an Appeal, and make a fre&s;h Suite, he &s;hall have them again, 21 <HI>Edw.</HI> 4. <HI>Tit.</HI> 16.</P>
<P>Detinue, the Defendant as Lord ju&s;tifies, that he took tho&s;e as waife, and good, 10 <HI>H.</HI> 6. <HI>fol.</HI> 22.</P>
<P>If one have a Waife, and it be taken out of his Mannor, he &s;hall have Tre&s;pa&s;s, without &s;ei&s;ing; and though he do not &s;ei&s;e them; <HI>Fitzh: fol.</HI> 91.</P>
<P>Waifes and &s;trays not claimed within the year and day, are the Lords, <HI>Britton, fol.</HI> 26.</P>
<P>Where Goods are waived, and the Lord &s;ei&s;es them, the property is changed, that the Owner &s;hall not have them without &s;uing an Appeal, notwith&s;tanding by the 21 of <HI>H.</HI> 8. <HI>chap.</HI> 11. <HI>Ra&s;tal Re&s;titution</HI> 2.</P>
<P>If he give Evidence to the Jury upon the Indictment, he &s;hall have Re&s;titution, <HI>Brook E&s;tray</HI> 8</P>
<P>If a man be robbed, and make fre&s;h Suite, he &s;hall be re&s;tored, notwith&s;tanding that he which hath waived hath &s;ei&s;ed them before, 7 <HI>H.</HI> 4.44.</P>
<P>If he make fre&s;h Suite after the Felony, he &s;hall have his Goods again notwith&s;tanding, that they were waived and &s;ei&s;ed; and there ought to be an Appeal &s;ued, and &s;o to have them when they are &s;ei&s;ed, <HI>Stamford, fol.</HI> 186. <HI>A.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<PB N="81" REF="43">
<HEAD>Authority of the Steward.</HEAD>
<HEAD TYPE="sub">Then let us &s;ee the Authority of the Steward, and al&s;o of the Court Leet.</HEAD>
<P>THe Steward may make his Precept by word to the Bai|liff to di&s;train, and it is good, 16 <HI>H.</HI> 7 <HI>fol.</HI> 14.</P>
<P>If a man refu&s;e to be &s;worn of the Jury, he &s;hall be fi|ned, and the Steward of the Lord may commit him to Pri&s;on, till he hath paid his Fine, or amerce, or di&s;train him for that, 31 <HI>H.</HI> 6. <HI>Leet</HI> 11, <HI>Quere</HI> of committing a Te|nant to Pri&s;on, for in <HI>Magna Charta chap.</HI> 29, is, no man &s;hall be taken, <HI>&amp;c.</HI></P>
<P>The Steward may cau&s;e a &s;tranger which cometh within the precinct of the Leet, to be &s;worn to inquire in the Leet where he hath not &s;ufficient re&s;idence, and the Lord may &s;ell the Di&s;tre&s;s taken in that, for that it is the Kings Court, 3 <HI>H.</HI> 7. <HI>fol.</HI> 4. 11 <HI>H.</HI> 7.14. the &s;ame, and 21 <HI>H.</HI> 7. <HI>fol.</HI> 40.</P>
<P>The Steward is Judge in the Court Leet, and in Court Baron the Suitors, unle&s;s all the Suitors be Copy-holders: and then I intend they are no Judges but the Steward, for that they have but a ba&s;e E&s;tate, and the Free-hold is in the Lord, 12 <HI>H.</HI> 7. <HI>fol.</HI> 17.6 <HI>Ed.</HI> 4.3.</P>
<P>Note that where a fal&s;e Judgement is &s;ued, the Suitors are called Judges to certifie, <HI>&amp;c.</HI> but yet the Steward ought to be skilled in the Law, and of matters in Law, it &s;eemeth he &s;hall give Judgement, and not Suitors, for Actions and mat|ters in Law, and yet it is (before the Suitors) and though ignorant per&s;ons in Law rule in Court Barons, and Liber|ties, that ought to be by them skilled in Law; and when there is a Liberty and Court granted to a Mayor, that is held by their Recorder or Steward which is intended to be skilled in the Law, otherwi&s;e it &s;eemeth a cau&s;e to re-&s;ei&s;e it, &s;o that an ignorant per&s;on cannot meddle in matters touching the Law.</P>
<P>The Steward may &s;end a Pri&s;oner taken for Felony to the Gaol, 13 <HI>H.</HI> 4. <HI>fol.</HI> 12.</P>
<P>The St. is Judg of Rec. &amp; may a&s;&s;e&s;s a Fine for contempt
<PB N="82" REF="44">made in a Leet, and the Lord &s;hall have Debt for that, 7 <HI>H.</HI> 6. <HI>fol.</HI> 13. 10 <HI>H.</HI> 6. <HI>fol.</HI> 7.</P>
<P>Leets are appointed for the Common-wealth, <NOTE PLACE="marg">Leet.</NOTE> as for pre|&s;ervation of the Peace, and for that they are Courts of Record, <HI>Fitzh: fol.</HI> 82. in the beginning.</P>
<P>It is &s;aid, that a Leet is a Court of Record, 21 <HI>H.</HI> 7. <HI>fol.</HI> 33.</P>
<P>Tenants in a Leet may make by-laws, 11 <HI>H.</HI> 7. <HI>fol.</HI> 14. <HI>&amp;</HI> 21 <HI>H.</HI> 7. <HI>fol.</HI> 40.</P>
<P>The Sene&s;chall of the Leet may compell the Suitors to &s;wear, but otherwi&s;e it is in a Hundred, 39 <HI>Ed.</HI> 3. <HI>&amp;</HI> 44 <HI>Ed.</HI> 3.15. <HI>Leet</HI> 6.</P>
<P>Where one hath a Leet, he hath but the Amercements, and the day is to the King, and for that the Steward repre|&s;ent the per&s;on of the King, 41 <HI>Ed.</HI> 3. <HI>fol.</HI> 27.</P>
<P>Suite at the Leet is called Suite reall, for that, that that is the Kings Court, 45 <HI>Ed.</HI> 3. <HI>fol.</HI> 23.</P>
<P>If the Steward of the Leet command the Bailiff to im|pannell a Jury to inquire for the King, upon pain of forty pounds, and he refu&s;e to do it, he may put upon him the pain of forty pounds, and at the &s;econd time fifty pounds, or more: and note, that upon all pains the Lord may have an Action of Debt, 7 <HI>H.</HI> 6. <HI>fol.</HI> 13.</P>
<P>23 <HI>H.</HI> 8. <HI>Tit.</HI> 34. Debt lieth for pain, for not amending an Annoyance, and for U&s;age: Di&s;tre&s;s.</P>
<P>If the Jury will not pre&s;ent the Defaults in a Leet, of which they are informed, the Steward may a&s;&s;e&s;&s;e a Fine upon them, 10 <HI>Ed.</HI> 4. <HI>fol.</HI> 4.</P>
<P>If any Suitor, pre&s;ent in Court, refu&s;e to be of the Jury, or if any make another &s;uch Contempt, or any Con|tempt or di&s;obedience in Court Leet, the Steward may &s;et a Fine upon him without affirming by Affirors: but when one is amerced that &s;hall be affirmed by Affirors, 10 <HI>H.</HI> 6. <HI>fol.</HI> 7.</P>
<P>When the Steward &s;ets a Fine upon a Suitor in Court Leet, or other per&s;on, for his mi&s;-demeanour, this is cal|led a Fine, and not an Amercement, and is not traver&s;a|ble, 7 H. 6. <HI>fol.</HI> 13.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="83" REF="44">
<HEAD>Judge of Record.</HEAD>
<HEAD TYPE="sub">For that the Steward is a Judge of Record in Leet, it is expedient to &s;ee, what a Judge of Re|cord, and one by him may do, and what not.</HEAD>
<P>IT &s;eeemth that a Ju&s;tice of Peace ought not to make a Precept to arre&s;t one for Felony, but if he doe (for that he is a Judge of record) the Bailiff that &s;erves that is ex|cu&s;ed, for he cannot argue his authority, no more may the Sheriff argue the authority of the Ju&s;tices, 14 <HI>H.</HI> 8. <HI>fol.</HI> 18.</P>
<P>9 <HI>Ed.</HI> 4. <HI>fol.</HI> 3. A Ju&s;tice of Peace may arre&s;t a man for &s;uerty of the Peace by his di&s;cretion, and though he &s;uffer him without a &s;uerty, the party &s;hall not puni&s;h him for that he is a Judge of Record.</P>
<P>9 <HI>H.</HI> 6. <HI>fol.</HI> 60. Action of the ca&s;e doth not lye again&s;t a Ju&s;tice of Record &s;uppo&s;ing he hath made a fall Record, or that he hath cau&s;ed fal&s;e Entry to be made; contrary again&s;t an Office, as again&s;t an E&s;cheator for return|ing a fal&s;e Office, or again&s;t a Sheriff, for they are Offi|cers of Record and not Judges.</P>
<P>12 <HI>H.</HI> 4. <HI>fol.</HI> 3. If a Judge of Record award one to Pri|&s;on without cau&s;e, he &s;hall have no action again&s;t him, yet a Judge of Record; as a Ju&s;tice of Peace hath been pu|ni&s;hed in the Star- Chamber, for mi&s;demeanour, and &s;o may the Steward of a Leet, and &s;o &s;uch a Judge of Record, for not regarding his Oath, as Maiors, Bailiffs, <HI>&amp;c.</HI></P>
<P>21 <HI>H.</HI> 7. <HI>fol.</HI> 22. If a <HI>Capias</HI> i&s;&s;ue our of a Court of Re|cord to the Sheriff where is no Originall, yet this excu|&s;eth the Sheriff, but if the Servant of the Sheriff arre&s;t one by proce&s;&s;e made out of a <HI>Capias,</HI> and returne his proce&s;&s;e, and the Sheriff do not return his <HI>Capias,</HI> fal&s;e Impri&s;on|ment lies again&s;t the Servant, <HI>Fitzh.</HI> 21. <HI>B.</HI> one cannot a&s;&s;igne Errour, that the Jurors gave verdict for the Defen|dant, and Judges enter that for the Plantiff.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="84" REF="45">
<HEAD>Pre&s;entment in Leet.</HEAD>
<DIV3 TYPE="section">
<HEAD>Now let us <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> what pre&s;entment in Leet is tra|ver&s;able and what not, and it &s;eemeth where that toucheth a Free-hold is traver&s;able, and otherwi&s;e not.</HEAD>
<P>PRe&s;entment in Leet by 4: and not by 12. That one hath dwelt within the Leet not &s;worn, <HI>&amp;c.</HI> it was Traver&s;ed, but it &s;eems if it were by 12. it &s;hall not be traver&s;ed, but &s;hall have recovery by Writ of fal&s;e pre&s;entment, 5 <HI>Ed.</HI> 3.26.</P>
<P>A thing pre&s;ented in Leet is as Evangeli&s;t, if it pa&s;&s;e the day in which it is pre&s;ented, but the &s;ame day you may have an action of fal&s;e pre&s;entment again&s;t the Jurors, and after without recovery, 21 <HI>Ed.</HI> 3. <HI>Tit. Barr.</HI> 271.</P>
<P>Pre&s;entment in Leet which toucheth Free-hold is tra|ver&s;able, and other pre&s;entments not, 19 <HI>H.</HI> 8: <HI>fol.</HI> 11. and 41 <HI>Ed.</HI> 3 <HI>fol.</HI> 27. the &s;ame.</P>
<P>Pre&s;entment in Leet which toucheth a Free-hold may be removed and traver&s;ed, and every Pre&s;entment before Ju&s;tices of Peace is traver&s;able, 5 <HI>H.</HI> 7. <HI>fol.</HI> 3. and 6 <HI>H:</HI> 7: <HI>fol.</HI> 2. the &s;ame.</P>
<P>Pre&s;entment of blood &s;pilt is not traver&s;able, for that doth not touch free-hold, 2 <HI>R.</HI> 3.12.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>If the pre&s;entment be not in a Leet, of things there pre&s;entable, afterwards they &s;hall be pre|&s;ented, as it followeth.</HEAD>
<P>IF Pre&s;entment be not in Leet of things pre&s;entable there, then they &s;hall be inquired and pre&s;ented in Turne, and if not there, then in the Kings Bench, 41 <HI>Ed.</HI> 3. <HI>fol.</HI> 27.</P>
<P>If things Pre&s;entable are not pre&s;ented in Leet, they &s;hall be pre&s;ented in Turne, and if not there, before the Ju&s;tices in Eyre, and if not there, in the Kings Bench, 10 <HI>H.</HI> 4. <HI>fol.</HI> 4.</P>
<P><PB N="85" REF="45">Then let us &s;ee, what remedy the Lord &s;hall have for Amerciaments in Leet, and what recovery for a Fine, and what upon paine or by-Law, and it &s;eems that for Amerciaments he may di|&s;traine and for Fine A&s;&s;e&s;&s;e, and by-Law bro|ken &s;hall have a Debt or Di&s;tre&s;&s;e.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Amerciaments.</HEAD>
<P>FOR a Fine reall he cannot di&s;traine, but Amerce, and by pre&s;cription di&s;traine, and this is now in u&s;e in every Mannor, and for Suite-Service di&s;traine with|out doubt, 12 <HI>H.</HI> 7.15.</P>
<P>One may pre&s;cribe to di&s;traine for Amerciament in Law-day for it is incident, 9 <HI>H.</HI> 7.22.</P>
<P>He may in Leet Amerce and di&s;traine for that, 8 <HI>H.</HI> 4. <HI>Tit.</HI> 15.</P>
<P>A man may in Leet Amerce for annoyance, and di&s;train for it, 19 <HI>Ed.</HI> 3. <HI>fol.</HI> 36.</P>
<P>One was Amerced in Leet for &s;topping in the High way, and his Hor&s;e in anothers keeping was de&s;trained for it, 47. <HI>Ed.</HI> 3.12.</P>
<P>The Lord may &s;ell the Di&s;tre&s;&s;e taken for an Amercia|ment in Leet, as the King may &s;ell the Di&s;tre&s;&s;e, for that it is the Kings Court, 3 <HI>H.</HI> 7. <HI>fol.</HI> 4.</P>
<P>If Amerciament in Leet be agreed, the Lord may di|&s;traine without notice by <HI>Finch,</HI> and by <HI>Wich</HI> it is good Plea, that the Tenant would have paid if he had had no|tice, 45 <HI>Ed.</HI> 3. <HI>fol.</HI> 9.</P>
<P>The Lord cannot di&s;traine for Amerciament in Leet, in a place &s;ei&s;ed into the Kings hands, for debt to the King, for this is priviledged during the time, 47 <HI>Ed.</HI> 3. <HI>fol.</HI> 12.</P>
<P>Of common right the Lord may di&s;traine for Amercia|ment in Leet, and for that need not to pre&s;cribe, 10 <HI>H.</HI> 7. <HI>fol.</HI> 15.</P>
<P>The Lord may di&s;traine for Amerciament for an|noyance in the high way, or for making Hedges cro&s;s the &s;treet, and avow for that, 4 <HI>Ed.</HI> 3.10. <HI>Avowrie</HI> 161.</P>
<P><PB N="86" REF="46">The Lord may not di&s;traine the Hor&s;e of another in the Inne of him Amerced, nor the garment of another in a Taylors &s;hop, where the Taylor is Amerced, 10 H. 7. <HI>fol.</HI> 21.</P>
<P>If one refu&s;e to be &s;worn, or make any other contempt in Court, the Steward may a&s;&s;e&s;s a Fine upon him, and the Lord may di&s;traine for that, 13 H. 6. Leet 11.</P>
<P>For a Fine a&s;se&s;sed by the Steward for a contempt in the Court, the Lord may have debt, 10 H. 6. <HI>fol.</HI> 7. and 7. H. 6. <HI>fol.</HI> 13.</P>
<P>If a paine of ten pound pre&s;ented in the Leet to be bro|ken, the paine &s;hall not be otherwi&s;e acertained, and the Lord for that &s;hall have an action of Debt, but he cannot di&s;traine and make avowrie but by pre&s;cription; but it is now u&s;ed in every Mannor to di&s;traine, as I think, 32 H. 8. <HI>Tit.</HI> 37.</P>
<P>The Lord may have Debt for Amerciament a&s;se&s;t in Court-Baron, 12 <HI>R.</HI> 2. <HI>Statham fol.</HI> 62.</P>
<P>It &s;eems the Lord &s;hall have Debt for releife, and cleer|ly the Executors &s;hall have Debt for releife, 32 H. 8.20.19. H. 6. <HI>Tit.</HI> 11.</P>
<P><HI>Moderata mi&s;erecordia,</HI> doth not lye where a Fine is al|&s;e&s;sed by the Steward for contempt in Court, nor where A|merciament is a&s;&s;e&s;sed, but where Amerciament is not confirmed that lieth if it be too high, <HI>Fitzher. fol.</HI> 72. <HI>C.</HI></P>
<P>If one be amerced in the Sheriffs Turne, the Sheriff may di&s;traine throughout all the County, and if it be in a Leet, thoughout all the precinct of the Leet, 8 <HI>R.</HI> 2. <HI>Avowrie</HI> 194.</P>
<P>The Lord may di&s;traine in the high &s;treet for Amercia|ments in a Leet, 34 <HI>Ed.</HI> 2 and 19 <HI>Ed.</HI> 2. <HI>Avowrie</HI> 221.</P>
<P>Debt lieth for the Lord for a Fine a&s;&s;e&s;t in Leet by the Steward, for not returning the Pannall, or for other con|tempt, and it is good without confirming, 7 H. 6. <HI>fol.</HI> 13. <HI>tit.</HI> 233.</P>
<P>For Amerciament in Leet, it &s;eems one may take goods of another in the keeping of him which is amerced, yet &s;ee how I&s;&s;ue was taken, that it was not the Hor&s;e of <HI>Prior Tindall</HI> which was Amerced which was taken, 47 <HI>Ed.</HI> 3. <HI>fol.</HI> 12.</P>
<P>For not ch<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">an&s;ing of a Ditch by the Predece&s;&s;or of a Par|&s;on,
<PB N="87" REF="46">Succe&s;&s;or &s;hall not be puni&s;hed for that Offence, the &s;ame Law of Father and Son, 5. H. 7. <HI>fol.</HI> 3.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Di&s;tre&s;&s;e.</HEAD>
<DIV3 TYPE="section">
<HEAD>Where one may di&s;traine, and what thing.</HEAD>
<P>ONE lifted a Mill-&s;tone off the &s;tock, to be picked on the floore, it is not &s;o &s;evered, but that it is parcell of the Mill, and cannot be di&s;trained, and &s;o it is of Win|dowes and doores, 14 H. 8. <HI>fol.</HI> 29.</P>
<P>10 H. 7. <HI>fol.</HI> 21. You cannot di&s;traine the garment of a|nother man in a Taylors &s;hop, 21 <HI>Ed.</HI> 4. <HI>fol.</HI> 49. the &s;ame.</P>
<P>9. H. 6. <HI>fol.</HI> 9. The Lord cannot di&s;traine for his Rent, but in Lands held of him, but the King may.</P>
<P>8 <HI>R.</HI> 2. <HI>tit. Avowrie</HI> 192. If one be Amerced in Leet, the Lord may di&s;train in any place within the Precinct of that, and in the Turne of the Sheriff in any place within the County.</P>
<P>34 H. 8. <HI>tit.</HI> 253. During the po&s;se&s;&s;ion of the King, the Signiory of another is &s;u&s;pended touching the Di|&s;tre&s;s.</P>
<P>5 <HI>H.</HI> 7. <HI>fol.</HI> 15. If one be Amerced in a Leet, and another takes his leather from him, and makes of that Boots and Shooes, yet the&s;e Bootes and Shooes may be di+&s;trained for this Amerciament within the Precinct of the Leet,</P>
<P>21 H. 7. <HI>fol.</HI> 13. The Le&s;sor cannot di&s;traine Fats fixt by his Le&s;see for a dying Pan, and though the Le&s;see may re|move them during his Tearme.</P>
<P>21 H. 7. <HI>fol.</HI> 26. Gla&s;s fixt by the Termor, the le&s;sor can|not di&s;traine for his Rent as it &s;eemeth, and the Lord can|not di&s;traine Tables dormant in the Hou&s;e of his Tenant, nor a thing which cannot be attached in an A&s;&s;e&s;se.</P>
<P>21 <HI>H.</HI> 7. <HI>fol.</HI> 41. The Lord cannot di&s;traine Shocks of Corne for his Rent, but doing dammage he may.</P>
<P>27 A&s;&s;i&s;es 66. One cannot di&s;traine in a Sanctuary, if it be not for I&s;&s;ues for the King.</P>
<P><PB N="88" REF="47">6 H. 4. <HI>fol.</HI> 11. One may arre&s;t the Vicar in the Church by a <HI>Capias,</HI> notwith&s;tanding the Statute, 1 <HI>R.</HI> 2. For that is intended he &s;hall not arre&s;t him &s;aying <HI>Divine Service.</HI></P>
<P>13 <HI>H.</HI> 4. <HI>fol.</HI> 42. If one proffer &s;ufficient amends for wrongs which they have done, one cannot di&s;traine and avow that.</P>
<P><HI>Marlebridge</HI> chap. 2. That no Lord may di&s;traine out of the fee.</P>
<P><HI>Marlebridge</HI> chap. 1. None &s;hall make Di&s;tre&s;&s;es at his own will without the con&s;ideration of the Kings Court.</P>
<P><HI>Marlebridge</HI> chap. 15. It is not lawfull for any to make Di&s;tre&s;&s;es out of their Fee, nor in the Kings way, or in the common &s;treet, but for our Lord the King, and for his Mini&s;ters, having &s;peciall authority from him.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>In what place a Leet &s;hall be kept, and at what time.</HEAD>
<P>A Leet by the Statute &s;hall be held but twice in a year, that is in the Moneth of <HI>Michaelmas</HI> and in the Month of <HI>Ea&s;ter,</HI> by the intent of the Statute of <HI>Magna Charta, c.</HI> 35.</P>
<P>Pre&s;entment in Leet held foure daies after the Moneth is voide, 6 <HI>H.</HI> 7. <HI>fol.</HI> 1. and 38 <HI>H.</HI> 7. the &s;ame.</P>
<P>One may pre&s;cribe to hold a Leet at a day certaine, though it be not within the Moneth, and good, for it &s;eems that <HI>Magna charta,</HI> is but Common Law, otherwi&s;e he can|not pre&s;cribe again&s;t a Statute, unle&s;&s;e he have another Statute for the &s;ame, and if he hold that any other day it is voide, which makes in a Leet, 33 <HI>H.</HI> 6. <HI>fol.</HI> 7.</P>
<P>By <HI>Brian,</HI> Leet &s;hall be held in any place within the Precinct of the Lord-&s;hip, where it plea&s;eth the Lord, for it is the Court of the King, as the Kings Bench where&s;oever it is, <HI>&amp;c.</HI> 8 H. 7.4.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Twelve &s;hall be of the Jury in a Leet, otherwi&s;e the Pre&s;entment there are all traver&s;able.</HEAD>
<P>THere &s;hall be at lea&s;t twelve in a Turne, <NOTE PLACE="marg"><HI>Ra&s;tall, Indict.</HI> 1.</NOTE> and Turn and Leet are all one, <HI>We&s;tmin&s;ter</HI> 2. <HI>chap.</HI> 13.</P>
<P><PB N="89" REF="47">Every Indictment and Pre&s;entment in Leet, &s;hall be by twelve men at lea&s;t, 6 <HI>H.</HI> 4. <HI>fol.</HI> 1.</P>
<P>Pre&s;entment that one had dwelt within view of Frank-Pledge by a year and a day not &s;worn, &amp;c. if it be not by twelve it is traver&s;able, and if it be by twelve, it is not traver&s;able, 45 <HI>Ed.</HI> 3. <HI>fol</HI> 26.</P>
<P>If there be not twelve to be &s;worne, the Lord may cau&s;e &s;trangers to be of the Enque&s;t, 3 <HI>H.</HI> 7. <HI>fol.</HI> 4.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>By-Lawes.</HEAD>
<HEAD TYPE="sub">For that, that By-lawes are made many times in Leets, &s;om|thing &s;hall be &s;aid of By-lawes, and I intend that By|lawes which are for the Common-wealth, &s;hall binde all, and other By-lawes &s;hall binde but tho&s;e that a&s;sent.</HEAD>
<P>WHere a By-law is for a Common-wealth, it is good to binde all, though all do not agree, as to make a Cau&s;ey, Way, or Bridge; but By-law to repaire a Church is a Charge, for that it &s;hall not binde but tho&s;e that a&s;|&s;ent, 44 <HI>Ed.</HI> 3. <HI>fol.</HI> 19.</P>
<P>It is &s;aid, that Tenants in a Leet may make By-lawes, for that it is the Kings Court, which &s;hall binde them by their a&s;&s;ents, and a Town may make By-lawes by pre&s;crip|tion, and that &s;hall binde them, but not a &s;tranger, as By|law, that every one which puts in his bea&s;ts into the Com|mon before, &amp;c. &s;hall pay ten &s;hillings, this &s;hall binde them which a&s;&s;ent, but not a &s;tranger, 13 <HI>H.</HI> 8. <HI>Leet</HI> 37.11. <HI>H.</HI> 7.14. <HI>&amp;</HI> 21. <HI>H.</HI> 7.40. the &s;ame.</P>
<P>If a Town be amerced, and neighbours a&s;&s;e&s;s a Summe of every Inhabitant, and agree to have <HI>I. S.</HI> to di|&s;train for it, the di&s;tre&s;s is lawfull, <HI>Doctor &amp; Student, fol.</HI> 74.</P>
<P>Where the greate&s;t part of a Town agree to a By-law, which was charged, that then it is good again&s;t them all, 8 <HI>Ed.</HI> 1. <HI>A&s;&s;i&s;e</HI> 413.</P>
<P>By-law, that every one which holds land &s;hall pay to the reparations of the Church one penny, and for not pay|ing &s;hall forfeit to the Lord twenty pence; it is not good, for the Lord hath no damage, but the Church-Wardens, and for that it &s;hall be forfeit to the Wardens, &amp;c. but where a By-law is for a Common-wealth, I intend for not
<PB N="90" REF="48">doing &s;hall be a forfeiture to the Lord, and this is good, 21 <HI>H.</HI> 7. <HI>fol.</HI> 20.</P>
<P>One cannot pre&s;cribe to make Lawes to alter inheritan|ces, 49. <HI>A&s;&s;i&s;e</HI> 8.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Inmates.</HEAD>
<HEAD TYPE="sub">Though it be not &s;pecified in our Law who are Inmates, and who not, nor any remedy provided again&s;t them, but onely which have been u&s;ed to avoid them by By-lawes made in Leets, yet it is not impertinent to &s;ee who hath been ta|ken in Law an Inmate, and who not.</HEAD>
<P>IF one let part of his hou&s;e in which he dwells to a Gentleman which keeps not his table there, but goeth to victualling-hou&s;es for his victualls, but yet hath certain rooms in the hou&s;e, that is no Inmate: Al&s;o if one keep his daughter married, and her husband by Covenant, or otherwi&s;e, and &s;uffer them to have certain rooms in his hou&s;e, the&s;e were not accounted Inmates, and the&s;e &s;hall not have Common.</P>
<P>But if a man have a hou&s;e, and let certain rooms of that to another to dwell with him, he hath been accounted an Inmate, unle&s;s he be of ability to live, and &s;hall not have Common in the Lords Wa&s;te or Feilds: But if one take one to table, or to &s;ojourn with him in his hou&s;e, and let him certain rooms, he is not accounted an Inmate, and he &s;hall not have Common.</P>
<P>Al&s;o if the Inheritor of a hou&s;e let a certain parcell of his hou&s;e in which he dwells, and &s;evereth that from the o|ther part, and make &s;everall doors to the high &s;treet, it is now as two hou&s;es, and is not accounted as an Inmate, but he &s;hall have no common, otherwi&s;e it is if they have but one door to the high &s;treet, for then it is accounted an Inmate, unle&s;s he be a &s;ufficient per&s;on to live of his Lands of him&s;elf, or by his Art or Trade, &s;o that he be not a poore Labourer; but at this day &s;ome take Inmates more &s;trictly, and in times pa&s;t, none were puni&s;hed in Leets by paines ordained in Leet, but idle and bribing per&s;ons, which were common breakers of hedges, and o|ther bribers which live in others hou&s;es idly, or live &s;u|&s;pect.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="91" REF="48">
<HEAD>The Oath of the Reeve, or Bayliffe.</HEAD>
<P>YOu &s;hall &s;weare, That you &s;hall well and truly &s;erve our Lady the Queen, and the Lord of this Mannour in the Office of Reeve, or Bayliffe of the Mannour for this year to come, and you &s;hall well and duly collect all &s;uch Rents, Revenues, and other annuall Profits as &s;hall be chargeable, and i&s;&s;uing out of the &s;ame Mannour to you: And of that you &s;hall make and give a lawfull account at the end of the &s;ame year, and in every other thing be|longing to your Office, well and truly to di&s;charge in your Office during this year to come. So help you God, <HI>&amp;c.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Oath of the Greve, or Hayward, or Beadell.</HEAD>
<P>YOu &s;hall &s;wear, That you &s;hall well and truly &s;erve the Queen our Soveraign Lady, and the Lord of the Mannour, in the Office of Greve, Beadell, or Hayward of this Mannour for this year to come, and you &s;hall duly and truly execute all &s;uch Attachments, and other Proce&s;|&s;es, as &s;hall be directed to you from the Lord or Steward of this Court, and you &s;hall pre&s;ent all Pound-breaches which &s;hall be made within your Office, and al&s;o all Cat|tells, Strayes, and Waifs, and in every other thing, well and truly hold you in the &s;ame Office. So help you God, <HI>&amp;c.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Oath of a De&s;iner.</HEAD>
<P>YOu &s;hall &s;wear, That you <HI>I.S.</HI> from this day forward &s;hall be faithfull and loyall to our Soveraign Lady the Queen, <HI>&amp;c.</HI> and to her Heirs, and &s;hall keep unto her faith and loyalty of life, and of member, and of earthly ho|nour, and that you &s;hall not conceal any ill or damage in|tended towards them, nor hear any ill of them which you &s;hall not defend them in, to your uttermo&s;t power. So help you God, <HI>Britton, fol.</HI> 74. gives that.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="92" REF="49">
<HEAD>Oath of Affirors.</HEAD>
<P>YOu &s;hall &s;wear, That you will well and truly tax, a&s;|&s;e&s;s, and affier all the Amerciaments pre&s;ented in this Court, and in doing of that, you &s;hall not &s;pare any for love, feare, nor affection, nor rai&s;e, nor inhaunce any more greivous, then &s;hall be rea&s;onable according to their de&s;erts made, and not more, nor le&s;s, nor for envy, nor for love a&s;&s;e&s;s or affier, but upon every one &s;everally, according to the quantity of their offences made, and not otherwi&s;e. So help you God, &amp;c.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Oath of the Fealty.</HEAD>
<P>YOu &s;hall &s;wear, That you &s;hall be faithfull and loy|all, and loyally and faithfully &s;hall carry your &s;elfe to the Lord of this Mannour, for the Lands and Tene|ments which you claim to hold of him, and you &s;hall well and duly pay to the Lord of this Mannour, and his Heirs from time to time, all &s;uch Rents, Duties, Cu&s;tomes, and Services, that you ought to pay, and make for the &s;ame Lands at the times appointed. So help you God, &amp;c.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Oaths of the Aleta&s;ter.</HEAD>
<P>YOu &s;hall &s;wear, That you &s;hall well and truly &s;erve our Soveraign the Queen, and the Lord of this Court, in the Office of Aleta&s;ter, or a&s;&s;i&s;e, within this Lord&s;hip for this year to come, and you &s;hall well and duly &s;ee from time to time, that the &s;ale of bread (brought to be &s;old) be duly weighed, and that it contain &s;uch weight ac|cording to the prizes of grain, as by the Statute is provi|ded, that is to &s;ay, according to the prizes of Corn in the next Markets. Al&s;o you &s;hall have diligent regard du|ring the time of your Office, to all the Brewers and Tiplers within your Office, that they and every of them make good and whole&s;ome Ale and Beer for mans body, and that they do not &s;ell any before it hath been ta&s;ted by
<PB N="93" REF="49">you, and then to be &s;old according to the prizes limited and rated by the Ju&s;tices of Peace, and all defaults com|mitted and done by the Bakers, Brewers and Tiplers, or by any of them, you &s;hall pre&s;ent at the Court here, by which puni&s;hment may be mini&s;tred unto them for their offences, and in every other thing you &s;hall well and truly behave your &s;elves in your Office for this year. So help you God, &amp;c.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Oath of the Con&s;table.</HEAD>
<P>YOu &s;hall &s;wear, That you will well and truly &s;erve the Queen, and the Lord of this Lawday, and you &s;hall in|deavour that the Peace of our Soveraign the Queen, well and truly according to your power, be kepr, and you &s;hall arre&s;t all which you &s;ee making Riots, Debates, or Frayes, or breaking the Peace, and you &s;hall well and truly indea|vour your &s;elves according to your knowledge, that the Statute of <HI>Winton</HI> for Watch, Hue and Cry, and the Sta|tutes made for the puni&s;hment of &s;turdy Beggers, Vaga|bonds, Rogues, and other idle per&s;ons coming within your Office, that the Offenders be puni&s;hed; and you &s;hall in|deavour your &s;elves upon complaint to you, to apprehend Barretors, and riotous per&s;ons making Frayes, and al&s;o apprehend Felons, and if any of them make re&s;i&s;tance, with force and multitude of Offenders, you &s;hall make out-cry, and pur&s;ue them till they are taken, and you &s;hall look to &s;uch per&s;ons as u&s;e unlawfull Games, and you &s;hall have regard to the maintenance of Artillery, and you &s;hall well and duly execute all Proce&s;&s;e and Warrants &s;ent unto you from the Ju&s;tices of the Peace of the County, and you &s;hall make good and faithfull pre&s;entment of all blood|&s;heds, out-cries, affrayes, and re&s;cues made within your Office; and you &s;hall well and duly, according to your power and knowledge, do that which belongs to your Of|fice of a Con&s;table to do, for this year to come. So help you God.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="94" REF="50">
<HEAD>Con&s;tables.</HEAD>
<DIV3 TYPE="section">
<HEAD>And for that that the Con&s;table is here cho&s;en and &s;worn, that is inquirable here if he do his Office, and for that let us &s;ee what authority a Con&s;table hath, and what he ought to do.</HEAD>
<P>AT the Common Law before the making of the Sta|tutes by which Ju&s;tices of the Peace were ordained to keep the Peace.</P>
<P>The cheif Ju&s;tice of <HI>England</HI> was appointed by the King, and he hath authority, and he was ordained to de|termine matters touching the Crown, and for con&s;ervation of the Peace throughout the Realme, and he for that is the cheife Ju&s;tice of the Peace.</P>
<P>Al&s;o by the Common Law before there was any Ju&s;tice of Peace, Con&s;tables of every Town were keepers of the Peace within their Townes.</P>
<P>If any be threatned upon complaint to the Con&s;table, he may inforce the party to put in a Suerty, and if he do not, commit him to pri&s;on till he hath found a Suerty, 4 <HI>Ed.</HI> 3. Barr. 102.</P>
<P>If any be &s;trucken and in perill of death, the Con&s;table ought to arre&s;t the Offendor, and to keep him in Pri&s;on till it be known if he will live or dy, or till he have found Suerties to appeare before the Ju&s;tices at the Goale-deli|very.</P>
<P>If Felons or Murderers be in a Town, and the Con&s;ta|ble hath notice of that, it is his Office and duty to rai&s;e People to take them, 1 <HI>R.</HI> 3. chap. 3. And if any Felon be taken it is the Office of the Con&s;table to carry him to the Goale, and to cau&s;e others of the Town to a&s;&s;i&s;t him in &s;o doing.</P>
<P>Con&s;tables were ordained for two intents, that is, to keepe the Peace, and al&s;o to apprehend Felons, and to take &s;uerty by obligation of &s;uch per&s;ons, that they finde making Affraies.</P>
<P>Con&s;tables may arre&s;t men which go or ride armed be|tween Faires and Markets, <NOTE PLACE="marg"><HI>Ra&s;tal, Armor,</HI> 4.</NOTE> and take their Armor as for|feit to the King, 2 <HI>Ed.</HI> 3. <HI>C.</HI> 3.</P>
<P>Con&s;tables ought to arre&s;t &s;uch which go by night of
<PB N="95" REF="50">whom there is Su&s;pition, and deliver them to the Sheriff, <NOTE PLACE="marg"><HI>Ra&s;tal, Robberies</HI> 4.</NOTE> there to remain in hold, and al&s;o all &s;u&s;pected per&s;ons either by day or by night are to be delivered to the She|rift, as above, by 5 <HI>Ed.</HI> 3. chap. 64.</P>
<P>Con&s;tables have power to examine Vagabonds, <NOTE PLACE="marg"><HI>Ra&s;tal, Vag.</HI> 5.</NOTE> and to compell them to finde &s;uerty for their good behaviour, and if they cannot finde &s;uerties, to commit them to the next Goale, by 1 <HI>R.</HI> 2. chap. 5.</P>
<P>Con&s;tables may arre&s;t Servant laborer vagrant, unle&s;&s;e he have a letter containing the cau&s;e of his going, and the time of his return under the Kings Seale, and may &s;et him in the Stocks, till he have found &s;uerties to &s;erve, by 12 <HI>R.</HI> 2. chap. 3. <NOTE PLACE="marg"><HI>Ra&s;tall, Vag.</HI> 5. <HI>Ra&s;tall, Arch.</HI> 2.</NOTE></P>
<P>Con&s;tables have power to commit every one u&s;ing un|lawfull Games, and to keep them till the Offendors be bound in an obligation to the u&s;e of the King, that he &s;hall not u&s;e unlawfull Games, by 6 <HI>H.</HI> 8. chap. 2.</P>
<P>Con&s;tables upon complaint may arre&s;t Boate-men and Water-men which take more then is appointed for them to take, and commit them to Ward for their mi&s;demeanor, <NOTE PLACE="marg"><HI>Ra&s;tall, Pa&s;&s;.</HI> 8.</NOTE> and to fine for the &s;ame, by 6 <HI>H.</HI> 8. chap. 7.</P>
<P>Con&s;tables have power to commit Beggers to the &s;tocks, <NOTE PLACE="marg"><HI>Ra&s;tall, Vag.</HI> 2. <HI>Ra&s;tall, Vag.</HI> 9.</NOTE> which Offend, by 22 <HI>H.</HI> 9. chap 12.</P>
<P>Con&s;tables ought to convey Rogues taken within their office to the next Con&s;table, that they might be conveyed to&punc; Pri&s;on, upon paine of &s;ix &s;hillings eight pence for every offence, by 14 <HI>Eliz.</HI> chap. 5.</P>
<P>Al&s;o if a Con&s;table do not make &s;earch every Moneth for unlawfull keeping of Games, and for unlawfull play|ing if occa&s;ion be, and pre&s;ent the &s;ame, he &s;hall forfeit forty &s;hillings.</P>
<P>The Con&s;table is the keeper of the Peace, that is to &s;ay, The high Con&s;table for the Hundred, and the petty Con|&s;table in the Town, 12 H. 7. <HI>f.</HI> 38.</P>
<P>Con&s;table may arre&s;t one to finde &s;uerty of the Peace, and if he will nor obey, he may take power to inforce him, and one may Ju&s;tifie that commeth in aide of the Con&s;table to arre&s;t one that makes an a&s;&s;ault, 3 H. 4. <HI>fol.</HI> 10.</P>
<P>Con&s;table may arre&s;t one which makes an A&s;&s;ault, though it be of him&s;elf, 5 H. 7. <HI>fol.</HI> 6:</P>
<P>Con&s;table was ordained to keep the Peace, and may
<PB N="96" REF="51">take &s;uerty for the Peace by bond of one, if he be found making a Fray, 10 <HI>Ed.</HI> 4. <HI>fol.</HI> 18.</P>
<P>Con&s;table may arre&s;t one which makes a Fray and car|ry him to the next Goale till he finde &s;uerty for the Peace, but not impri&s;on him in his Hou&s;e, or put him in the &s;tocks, unle&s;&s;e it be in the night, that he cannot carry him to the Goale, for any other rea&s;onable cau&s;e, 22 <HI>Ed.</HI> 4. <HI>f.</HI> 35. by <HI>Brian.</HI></P>
<P>Con&s;table may &s;earch for &s;u&s;pitious per&s;ons, and may ar|re&s;t Night-walkers, 2 <HI>Ed.</HI> 4. <HI>f.</HI> 9.</P>
<P>Con&s;table may &s;earch &s;u&s;pitious bawdy hou&s;es, where Women of ill fame are, and may arre&s;t &s;u&s;pected per&s;ons which walk in the night and &s;leep in the day, or keep &s;u&s;pi|tious company, and if he be not of power to arre&s;t them, he may have aid of his Neighbours by the Law, 3 H. 7. <HI>fol.</HI> 10. that he may have aid, 13 H. 7. <HI>fol.</HI> 10. Title re|cogni&s;ance 14 <HI>Brook.</HI></P>
<P>Con&s;table cannot take a Recogni&s;ance to keep the Peace, but an obligation.</P>
<P>38 H. 8. <HI>tit.</HI> Fal&s;e Impri&s;onment 6. It is &s;aid, that one cannot arre&s;t for a Fray after it is done, without a War|rant, but before it be done, or while&s;t it is a doing he may.</P>
<P>5 H. 7. <HI>fol.</HI> 6. Tre&s;pa&s;&s;e of Impri&s;onment; the Defendant &s;aith that he was Con&s;table, and for that the Plaintiff made an A&s;&s;ault upon him and broke the Peace, he took him and carried him to the Goale to pre&s;erve the Peace, 21. H. 4. <HI>fol.</HI> 21.</P>
<P>10 <HI>Ed.</HI> 4. <HI>fol.</HI> 20. Stocks are ordained properly to pu|ni&s;h Vagrants and Servants for wages, &s;ee, 7 H. 4. chap 17.</P>
<P><HI>Britton fol.</HI> 17. None &s;hall be put in Irons but tho&s;e which are taken for Felony, or for Tre&s;pa&s;&s;e in Parkes or Cha&s;es.</P>
<P><HI>We&s;t.</HI> 2. chap. 39. For re&s;i&s;tance where a proce&s;&s;e is to be executed, that Statute gives aid and opwer of the Coun|ty again&s;t them which make re&s;i&s;tance.</P>
<P>3 H. 7. <HI>fol.</HI> 1. It is held there that the Con&s;table may take the power of the County where there is a Fray, and &s;pecially to take Felons.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="97" REF="51">
<HEAD>For that, it is the Office of a Con&s;table to &s;ee that Watch be kept, let us &s;ee how a Watch may be.</HEAD>
<P>THe Watch ought to begin at the fea&s;t of A&s;cention, and ought to be held till Michaelma&s;&s;e all the night, from the &s;etting of the Sun to the ri&s;ing, and in every Ci|ty &s;ix &s;hall be at every Gate, and in every Town they ought to watch twelve men, and in every Village &s;ix men, or four, according to the number of the Inhabitants of the Village; and if any &s;tranger be arre&s;ted in the Watch, he &s;hall be kept untill the morning, and if they finde &s;u&s;pition in him, he &s;hall be delivered to the Sheriffe, and if no &s;u&s;pition be in him, he &s;hall go free, and if any will not obey the Arre&s;t, they ought to rai&s;e Hue and Cry, and for arre&s;ting &s;uch a &s;tranger none &s;hall be puni&s;hed, 13 <HI>Ed.</HI> 1. <HI>chap.</HI> 3.</P>
<P>Every one may arre&s;t Night-walkers which go by the way, for it is for the common profit, <NOTE PLACE="marg"><HI>Ra&s;tall, Rob.</HI> 2.</NOTE> 4 <HI>H.</HI> 7. <HI>fol.</HI> 18. <HI>&amp;</HI> 5 <HI>H.</HI> 7. <HI>fol.</HI> 5. the &s;ame.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Entry of Court Leet.</HEAD>
<HEAD TYPE="sub">The view of Frank Pledg, <NOTE PLACE="marg">Prebend of I&s;ling|ton.</NOTE> there held on Thur&s;day the <HI>20.</HI> day of October, in the year of the the Reign of Queen <HI>Eliza|beth,</HI> by the Grace of God of <HI>England, France,</HI> and <HI>Ire|land,</HI> Defender of the Faith, &amp;c. the <HI>21.</HI></HEAD>
<P><HI>RObert Martin</HI> by <HI>John a Style</HI> E&s;&s;oyne of Cour&s;e, <NOTE PLACE="marg">E&s;&s;oyne.</NOTE> and &s;o the others E&s;&s;oyned.
<LIST>
<HEAD>Jurors.<NOTE PLACE="marg">Sworne for the King.</NOTE></HEAD>
<ITEM><HI>John Dee,</HI></ITEM>
<ITEM><HI>Richardus Ree,</HI></ITEM>
<ITEM><HI>John Penn,</HI></ITEM>
<ITEM><HI>William Fenn,</HI></ITEM>
<ITEM><HI>John Hye,</HI></ITEM>
<ITEM><HI>Thomas Pye,</HI></ITEM>
<ITEM><HI>John Myles,</HI></ITEM>
<ITEM><HI>Thomas Gyles.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Jurors.</HEAD>
<ITEM><HI>William Neile,</HI></ITEM>
<ITEM><HI>John Snell,</HI></ITEM>
<ITEM><HI>William Riggs,</HI></ITEM>
<ITEM><HI>Thomas Rich,</HI></ITEM>
<ITEM><HI>Richard Cooke,</HI></ITEM>
<ITEM><HI>John Turke,</HI></ITEM>
<ITEM><HI>Richard Leake,</HI></ITEM>
<ITEM><HI>John Peak.</HI><NOTE PLACE="marg">Pre&s;ent|ment for the Queen.</NOTE></ITEM>
</LIST></P>
<P>Fir&s;t the Jury afore&s;aid &s;ay upon their Oath, That <HI>R.S. &amp;c.</HI> at <HI>I&s;lington</HI> within the Juri&s;diction of this Court, as a
<PB N="98" REF="52">Felon of the Queen, did make a hundred gold Angels, and three hundred Groats, <NOTE PLACE="marg">Pettie Trea&s;on.</NOTE> fal&s;ly and feloniou&s;ly (having not fir&s;t gotten the Queens Letters Patents) again&s;t the Peace of our &s;aid Lady the Queen, and her Crown and Dignity, and again&s;t the forme of the Statute in this ca&s;e provided and Publi&s;hed.</P>
<P>Al&s;o they pre&s;ent, <NOTE PLACE="marg">Felony in burning a hou&s;e.</NOTE> That one <HI>Tho. de I. predict</HI> Yeoman, &s;uch a day, <HI>&amp;c.</HI> at <HI>I.</HI> within the Juri&s;diction of this Court, by force and armes, <HI>&amp;c.</HI> willingly and feloniou&s;ly (of pre|tended malice by him) did burn the hou&s;e of one <HI>J.S.</HI> a|gain&s;t the Peace of the Queen, therefore the Bayliffe is commanded to &s;ei&s;e all his Lands and Tenements, Goods, and Chattels, that he may an&s;wer for them to the Lord of this Mannour.</P>
<P>Al&s;o they pre&s;ent, That <HI>W.P.</HI> of <HI>I.</HI> afore&s;aid, Labourer, &s;uch a day, <NOTE PLACE="marg">Felon.</NOTE> <HI>&amp;c.</HI> at <HI>I.</HI> within the Juri&s;diction of this Court, by force of armes, <HI>&amp;c.</HI> and again&s;t the Peace, the Clo&s;e of one, <HI>&amp;c.</HI> at <HI>I.</HI> afore&s;aid, broke and entered into, and one &s;ilk coat, called Sattin, of a black colour, of the Goods and Chattells afore&s;aid, <HI>&amp;c.</HI> then and there found, feloniou&s;|ly took and carried away: Therefore it is commanded, the bayliffe, <HI>&amp;c.</HI></P>
<P>Al&s;o they pre&s;ent, <NOTE PLACE="marg">Acce&s;&s;ary.</NOTE> That <HI>W.S.</HI> of <HI>I.</HI> afore&s;aid, Yeoman, within the Juri&s;diction of this Court, did coun&s;ell, provo|ked, procured, incouraged, and abetted one <HI>L.M. &amp;c.</HI> one Cow of black colour, price, <HI>&amp;c.</HI> of the Chattell of one, <HI>&amp;c.</HI> then and there found feloniou&s;ly to &s;teal, take, and drive away, and the &s;aid <HI>L.</HI> by vertue of the coun&s;ell, provoca|cation, procurement, incouragement, and abetment, the a|fore&s;aid, <HI>&amp;c.</HI> the &s;aid black Cow &s;uch a day, <HI>&amp;c.</HI> year, <HI>&amp;c.</HI> feloniou&s;ly &s;tole, took, and drove away, <HI>&amp;c.</HI></P>
<P>They al&s;o pre&s;ent, That <HI>A. B.</HI> of <HI>I.</HI> afore&s;aid, Yeoman, &s;uch a day, <NOTE PLACE="marg">Rape.</NOTE> <HI>&amp;c.</HI> at <HI>I.</HI> within the Juri&s;diction of this Court, the Clo&s;e and Hou&s;e of one, <HI>&amp;c.</HI> broke and entered, and upon one <HI>Katherine, &amp;c.</HI> the daughter, &amp;c. being in the peace of God, and of the Queen, made an a&s;&s;ault, and there again&s;t her will did ravi&s;h her, and did carnally know her, again&s;t the peace, &amp;c.</P>
<P>Al&s;o they pre&s;ent, <NOTE PLACE="marg">Felon breaketh a hou&s;e.</NOTE> That <HI>P.D.</HI> of <HI>I.</HI> afore&s;aid, Yeoman, &s;uch a day, &amp;c. at <HI>I.</HI> within the Juri&s;diction of this Court, about the houre of nine in the night of the &s;ame day, the hou&s;e and man&s;ion of one, &amp;c. as Felon of the Queens,
<PB N="99" REF="52">broke and entred, with an intent to make &s;poile there, &amp;c. and &s;ix gold Angells of the Goods and Chattells of the a|fore&s;aid, &amp;c. then and there in a certain che&s;t being, fe|loniou&s;ly took and carried away, again&s;t the peace, &amp;c.</P>
<P>The &s;ame pre&s;ent, <HI>E.F.</HI> of <HI>I.</HI> afore&s;aid, Labourer, <NOTE PLACE="marg">Robbery.</NOTE> &s;uch a day, &amp;c. at <HI>I.</HI> within the Juri&s;diction of this Court, by force of armes, and again&s;t the peace, &amp;c. upon one <HI>T.D.</HI> at, &amp;c. within the Juri&s;diction of this Court, in the Queens high way, there being in the peace of God and the Queen, did make an a&s;&s;ault, and the &s;ame <HI>T. D.</HI> then and there rob|bed, and &s;ixteen groats of &s;ilver, and one Angell of gold, of the Goods and Chattells of the afore&s;aid <HI>T.D.</HI> in a cer|tain Clokebag of his, then and there being, from the per&s;on of the &s;aid <HI>T.</HI> feloniou&s;ly took and carried away, again&s;t her Peace, Crown, and Dignity, &amp;c.</P>
<P>They pre&s;ent, That the afore&s;aid <HI>T.D.</HI> appearing robbed, <NOTE PLACE="marg">Hue and Cry.</NOTE> made a great noi&s;e and exclamation, and the afore&s;aid <HI>E.F.</HI> as a Felon of the &s;aid Queens; the &s;aid day and yeare from the place where he was &s;o robbed, did fre&s;hly follow to the afore&s;aid Towne of <HI>D.</HI> &amp;c. and that no Inha|bitants there upon the Hue and Cry afore&s;aid did follow, and &s;o the afore&s;aid Felon e&s;caped, to the contempt of our &s;aid Lady the Queen, and again&s;t the form of the Statute, &s;o enacted and provided; therefore the &s;aid Towne of, &amp;c. in the mercy, &amp;c.</P>
<P>Al&s;o they pre&s;ent, That <HI>E. L.</HI> of <HI>I.</HI> afore&s;aid, Yeoman, <NOTE PLACE="marg">Made flight.</NOTE> &s;uch a day and yeare afore&s;aid, at <HI>I.</HI> within the Juri&s;dicti|on of this Court, a certain Gelding of colour white, price, &amp;c. of the Goods and Chattells of one, &amp;c. in the com|mon field there being, feloniou&s;ly &s;tole away, tooke and carried away, and that the &s;aid <HI>E.L.</HI> for the fore&s;aid Felo|ny did convey him&s;elfe away and fled; therefore command was given to the Bailiff to &s;ei&s;e two kine of the Goods and Chattells of the &s;aid <HI>E.L.</HI> as E&s;cheats and forfeitures to the Lord, and that he &s;hould keep them &s;afe to the u&s;e of the Lord, &amp;c. or &s;o to the u&s;e of the Queen.</P>
<P>Al&s;o pre&s;ent, That when one <HI>B.R.</HI> of <HI>I.</HI> afore&s;aid, <NOTE PLACE="marg">E&s;cape<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></NOTE> Yeo|man, was taken and arre&s;ted for &s;u&s;pition of Felony, and &s;et in the Stocks, one <HI>I.F.</HI> of <HI>I</HI> afore&s;aid, Labourer, &s;uch a day and yeare, &amp;c. at <HI>I.</HI> afore&s;aid, the fore&s;aid Stocks with force of armes, and feloniou&s;ly did break, and the fore&s;aid <HI>B.R.</HI> then and there did &s;uffer to go at large again&s;t the
<PB N="100" REF="53">Peace; therefore it is commanded as before, &amp;c.</P>
<P>Al&s;o they pre&s;ent that <HI>T. J.</HI> of <HI>J.</HI> afore&s;aid, <NOTE PLACE="marg">Felony.</NOTE> Yeoman, &s;uch a day, &amp;c. at <HI>J.</HI> within the Juri&s;diction of this Court, a Calf of the price, &amp;c. Of the Goods and Chattells of one <HI>J. B.</HI> There and then found, feloniou&s;ly took and carryed away, and that <HI>W. Q.</HI> The Bailiff of the afore&s;aid Mannor &s;uch a day and year, &amp;c. at <HI>J.</HI> afore&s;aid, the afore&s;aid <HI>T. L.</HI> for &s;u&s;pition of the afore&s;aid Felony arre&s;ted, and that <HI>W. F.</HI> of <HI>J.</HI> afore&s;aid Laborer, by force of Armes, &amp;c. at <HI>J.</HI> afore&s;aid, the &s;aid day and yeare upon the afore&s;aid <HI>W. Q.</HI> In the Peace of God and of the Queen being, did make an A&s;&s;ault, and the afore&s;aid <HI>T. J.</HI> being in the cu&s;tody of the &s;aid <HI>W.</HI> Then and there feloniou&s;ly took, carryed away and re&s;cued, and &s;uffered to go free again&s;t the Peace, &amp;c. Therefore it was commanded as above, &amp;c.</P>
<P>Al&s;o pre&s;ent that <HI>A. B.</HI> of <HI>J.</HI> afore&s;aid Yeoman, <NOTE PLACE="marg">Felony of Pigeons.</NOTE> &s;uch a day and year, &amp;c. afore&s;aid, &amp;c. at <HI>J.</HI> within the Juri&s;dicti|on of this Court, about the houre of one in the night of the &s;ame day, a certain Pigeon-Hou&s;e of &s;uch a ones, &amp;c. did break, and enter, and forty Pigeons, price, &amp;c. of the Goods and Chattells of the fore&s;aid, &amp;c. from the hou&s;e of the &s;ame, &amp;c. feloniou&s;ly took and carryed away, again&s;t the Peace, &amp;c. and therefore, &amp;c.</P>
<P>Al&s;o pre&s;ent that <HI>J.W.</HI> of <HI>J.</HI> afore&s;aid Gent, &s;uch a day, <HI>&amp;c.</HI> at <HI>J.</HI> within the Juri&s;diction of this Court, a certaine tame Deere carrying a bell about his neck, price, <HI>&amp;c.</HI> Of the Goods and Chattells of one, <HI>&amp;c.</HI> Then and there found, feloniou&s;ly took away again&s;t the peace, &amp;c. There|fore it is commanded, <HI>&amp;c.</HI></P>
<P>Al&s;o they pre&s;ent that one <HI>J. L.</HI> of <HI>J.</HI> afore&s;aid Yeo|man, <NOTE PLACE="marg">Felony of a Trunk broken.</NOTE> &s;uch a day and year, <HI>&amp;c.</HI> at <HI>J.</HI> afore&s;aid within the Juri&s;diction of this Court, about the houre of one in the night of the &s;ame day, a certain Trunck of one, <HI>&amp;c.</HI> Broke and entred, and ten Fi&s;hes called Pikes, price, &amp;c. Of the Goods and Chattells of the afore&s;aid, &amp;c. out of his &s;aid Trunck, &amp;c. Then and there feloniou&s;ly took and carryed away, again&s;t the Peace, &amp;c. Therefore, &amp;c.</P>
<P>Al&s;o pre&s;ent that <HI>P. J.</HI> of <HI>J.</HI> afore&s;aid Yeoman, <NOTE PLACE="marg">Petty Theivery.</NOTE> &s;uch a day &amp;c. the Clo&s;e of one, &amp;c. at <HI>J.</HI> afore&s;aid, borke, and entred, and one Towell of the price of &s;ix pence, of the Goods and Chattells of the afore&s;aid, &amp;c. Then and there found feloniou&s;ly took and carryed away, therefore it is
<PB N="101" REF="53">commanded the Bailiff to &s;ei&s;e all his Goods and Chat|tells into the hands of the Lord.</P>
<P>Al&s;o pre&s;ent that <HI>W. B.</HI> and <HI>T. W.</HI> Of <HI>J.</HI> afore&s;aid, <NOTE PLACE="marg">Sell in the Church|yard.</NOTE> being Butchers, &s;uch a day, &amp;c. within the view of the frank pledge, did place their fle&s;h, and other things to be &s;old in the Church and Church-Yard of <HI>J.</HI> afore&s;aid to &s;ell. And the &s;ame where divine Service is celebrated, and mens Bodies are buried, &s;old, again&s;t the Statute of <HI>Winche&s;ter</HI> in this ca&s;e enacted and provided, therefore they in the mercy.</P>
<P>Al&s;o pre&s;ent, <NOTE PLACE="marg">Chattels waived.</NOTE> that one <HI>M. S.</HI> came within the Juri&s;dicti|on of this frank pledge, and brought hither certain Goods and Chattells by her &s;tolne, that is to &s;ay, one linnen &s;hirt price, &amp;c. diver&s;e other Clothes, <HI>videlicet,</HI> one Smock, one Petty-coat, one Shirt, which all are worth twenty &s;hillings, and no more, and which all were hither by the &s;aid <HI>M.</HI> brought, and the &s;aid <HI>M.</HI> here within the Juri&s;diction of this Mannor waved them, left them, and fled, by which all the Goods and Chattells afore&s;aid came to the Lord of this Mannor, upon which it was commanded to the Bailiff to &s;ei&s;e them into the hands of the Lord, as e&s;|cheats and forfeited to the Lord, and &s;o he did, and the Chattells afore&s;aid were delivered to the Lord in this Court. <NOTE PLACE="marg">Common Fine.</NOTE></P>
<P>Al&s;o they &s;ay that they give to the Lord for certainty for a common Fine at this day by an old cu&s;tome, &s;ix &s;hil|lings eight pence. <NOTE PLACE="marg">Deciners which make de|fault.</NOTE></P>
<P>Al&s;o they pre&s;ent upon their oath, that <HI>John Rigg</HI> 4d. <HI>Richard Wrenn,</HI> 4d. <HI>and John Williams,</HI> 4d. are Re&s;idents 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.</P>
<P>Al&s;o they pre&s;ent that <HI>Richard Wrench</HI> 2 d. <NOTE PLACE="marg">Not &s;worn in Deciner.</NOTE> <HI>William Finch</HI> 2d. <HI>Robert Betts</HI> 2d. <HI>and William Gibbey</HI> 2d. did dwell within the Precinct of this frank pledge, by the &s;pace of a yeare and day and more, and not &s;worn to the Queen for Allegiance, therefore each of them in the mercy, as it appeareth upon their heads.</P>
<P>Al&s;o pre&s;ent that <HI>R. C.</HI> of <HI>J.</HI> afore&s;aid Yeoman, <NOTE PLACE="marg">Noyance of Water.</NOTE> did turn the cour&s;e of a certain brook leading to the Hou&s;e of the &s;aid <HI>T. H.</HI> out of the right cour&s;e that it was wont to run,
<PB N="102" REF="54">therefore he was commanded, to turne it into his right cour&s;e about the &s;ea&s;t, &amp;c. upon pain, &amp;c.</P>
<P>Al&s;o pre&s;ent, <NOTE PLACE="marg">Boughs hindring.</NOTE> that there is a certain Hedge of a great ex|tent, and that the branches thereof hang over the way cal|led the Kings Lane, to the hurt of the Carriages carryed by the &s;ame way, in the default <HI>W. C.</HI> Therefore it is com|manded him to cut or crop tho&s;e about the fea&s;t, &amp;c. un|der the pain, <HI>&amp;c.</HI></P>
<P>Al&s;o pre&s;ent, <NOTE PLACE="marg">Noy&s;ance of a Gut|ter.</NOTE> that there is a certain Gutter leading from the Hou&s;e or Kitchin of <HI>T.J.</HI> by which foule and &s;tinking water from the &s;aid Kitchin is lead into the High way, to the great dammage of the Queens way, and all the carry|ages there carryed by the People of our Lady the Queen, therefore he is commanded to remove or &s;top that about the fea&s;t, <HI>&amp;c.</HI> upon pain, &amp;c.</P>
<P>They pre&s;ent, <NOTE PLACE="marg">Common way.</NOTE> that the common way leading by the Feild called the Prebend feild, is the common way to go and ride, and &s;o hath been u&s;ed time out of minde, and that the Gate and Bridge being beyond the furthe&s;t Bridg ought to be maintained and kept by the Ter-Tenants, and now are not, therefore it is commanded to the Land hol|ders, the &s;ame Gate and Bridge to amend and repaire be|fore the Fea&s;t of Saint <HI>John Bapti&s;t</HI> next comming, upon pain, &amp;c.</P>
<P>Al&s;o they pre&s;ent, <NOTE PLACE="marg">Nu&s;ance of Dung.</NOTE> that <HI>R. W.</HI> made a certain Dung-hil again&s;t his Hou&s;e neere the Queens High-way, to the noyance of the Queens People, therefore he was com|manded to remove and carry it away, about the Fea&s;t, &amp;c. under the pain, &amp;c.</P>
<P>Al&s;o pre&s;ent, <NOTE PLACE="marg">Nu&s;ance of a Ditch</NOTE> that there is a certain Ditch un&s;cowred and unclen&s;ed in default of <HI>R. S.</HI> to the hurt, &amp;c. therefore he in the Mercy twelve pence, and he is commanded to &s;cowre and clen&s;e the &s;ame about the fea&s;t, &amp;c. upon pain &amp;c. two &s;hillings.</P>
<P>Al&s;o pre&s;ent that <HI>A. B.</HI> Widdow is a common Intertai|ner and receiver of Whores, <NOTE PLACE="marg">Bawdy|hou&s;e.</NOTE> and Women of ill report, and conver&s;ation, to the great hurt of her Neighbours, there|fore amerced two &s;hillings two pence.</P>
<P>Al&s;o pre&s;ent that <HI>N. C.</HI> Widdow is a common Scold with her Neighbours, <NOTE PLACE="marg">Scold.</NOTE> and common Hedge-breaker, and keeps one <HI>W. C.</HI> her Son in her Hou&s;e, and he is of no good &s;ame or government, therefore &s;he in the mercy, as it ap|peareth above, &amp;c.</P>
<P><PB N="103" REF="54">Al&s;o pre&s;ent that one <HI>A.B.</HI> Servant <HI>W. C.</HI> <NOTE PLACE="marg">Tre&s;pa&s;&s;e.</NOTE> the Lords Bailiff as he was driving certain Cattell of one <HI>R. G.</HI> to the Lords Parke, there to be imparked, came one <HI>J. P.</HI> with great violence into the afore&s;aid Parke, with a Sword, price five &s;hillings, and then and there &s;truck the &s;aid <HI>A. B.</HI> with the &s;ame Sword upon his Head, and &s;o &s;hed the Blood of the &s;aid <HI>A. E.</HI> by rea&s;on of which blow the &s;aid <HI>B.</HI> fell to the ground, as if he had been dead. Therefore the &s;aid <HI>D. R.</HI> in the mercy, and is amerced by cheife &s;u|erties five &s;hillings.</P>
<P>Al&s;o pre&s;ent that <HI>J. S.</HI> made a Fray within the liberty of this Court and drew blood, therefore he in the mercy, three &s;hillings foure pence.</P>
<P>Al&s;o pre&s;ent that <HI>W. G.</HI> is Con&s;table, <NOTE PLACE="marg">Con&s;table default.</NOTE> and is not here at the view of the frank pledge, to pre&s;ent that which be|longs to his Office but maketh default, therefore he in the mercy two &s;hillings.</P>
<P>Al&s;o pre&s;ent that <HI>R. S.</HI> is an Ale-ta&s;ter, <NOTE PLACE="marg">Aleta&s;ter default.</NOTE> and is not here at the view of frank pledge, to pre&s;ent that which belongs to his Office but maketh default, therefore he in the mercy two &s;hillings.</P>
<P>Al&s;o pre&s;ent that <HI>R. B.</HI> and <HI>W. G.</HI> <NOTE PLACE="marg">Common Appri&s;ors default.</NOTE> are common Appri|&s;ors, and &s;hould be here to pre&s;ent that which belongs to their Office, and made default, therefore they in the mercy three &s;hillings foure pence.</P>
<P>Al&s;o pre&s;ent that <HI>B. R.</HI> and <HI>C. D.</HI> <NOTE PLACE="marg">Searcher of the Victuals.</NOTE> are &s;earchers of the Victualls, and &s;hould be here at the view of frank pledg to pre&s;ent that which belongs to their Office, and made de|fault, therefore both of them in the mercy two &s;hillings.</P>
<P>Al&s;o pre&s;ent that <HI>Tho. J.</HI> and <HI>Wil. J.</HI> <NOTE PLACE="marg">Scaven|gers de|fault.</NOTE> are Scavengers of the &s;treets and ought to be here at the view of the frank pledge, and made default, therefore either of them in the mercy &s;ix pence.</P>
<P>Al&s;o pre&s;ent upon their Oath that the twentieth day of <HI>May,</HI> <NOTE PLACE="marg">E&s;trayes.</NOTE> in the yeare of the Reigne of our Lady Queen <HI>Eliza|beth</HI> now the twenty fir&s;t, came into this Lord&s;hip one Hor&s;e colour gray, as a &s;tray, and remained in cu&s;tody ten daies after Proclamation.</P>
<P>Al&s;o pre&s;ent that there is a Colt colour bay, of the age of foure yeares or more, which came into this Lord&s;hip as a &s;tray, the ninth day of <HI>September,</HI> the year of the Reign of our &s;overaigne Lady the Queen the twentieth, price twen|ty
<PB N="104" REF="55">foure &s;hillings, and &s;tayed in the cu&s;tody of the Bailiff by the &s;pace of a yeare and a day, after three Proclamati|ons at three &s;everall daies made, according to the form of the Statute, therefore the property of that Colt is in the Lord.</P>
<P>Al&s;o pre&s;ent that <HI>W. M.</HI> twelve pence and <HI>R. B.</HI> twelve pence are common Bakers of mans Bread, <NOTE PLACE="marg">Bakers.</NOTE> and at diver&s;e times have baked unwhol&s;ome Bread, &amp;c. Have broke the A&s;&s;i&s;e, therefore each of them is in the mercy, as it appeares upon their heads.</P>
<P>Al&s;o pre&s;ent that <HI>Richard W.</HI> and <HI>J. D.</HI> are common Brewers of Drink, <NOTE PLACE="marg">Brewers.</NOTE> and brewed diver&s;e times unwhol&s;ome Drink, and broke the A&s;&s;i&s;e, therefore each of them in the mercy, as it appreares upon their Heads</P>
<P>Al&s;o pre&s;ent that <HI>E. W.</HI> and <HI>W. X.</HI> by their Wives are common &s;ellers of Drink, <NOTE PLACE="marg">Alehou&s;e keepers.</NOTE> and by unlawfull Mea&s;ures &s;ell their Drink, and break the A&s;&s;i&s;e, therefore each of them in the mercy, as it appeareth upon their Heads.</P>
<P>Fir&s;t, It is ordained that <HI>R. B.</HI> &s;hall make and &s;cowre his Ditch at the foot of the great hill, <NOTE PLACE="marg">Paine &s;et.</NOTE> containing by e&s;ti|mation twenty perches, before the fea&s;t of Saint <HI>John Bapti&s;t</HI> next comming, upon the paine of every perch there|of eight pence.</P>
<P>Al&s;o it is ordained that <HI>T. M.</HI> &s;hall reforme and lay, <NOTE PLACE="marg">Puni&s;h|ment.</NOTE> out a certain parcel of Land lately by him incroached between <HI>Wa&s;h lane</HI> and <HI>Perham Rye</HI> common, before the Fea&s;t of <HI>All Saints</HI> next coming, under the paine of every Perch not reformed and laid out, twenty pence.</P>
<P>Al&s;o it is ordained that none &s;hall &s;uffer his Bea&s;ts, that is to &s;ay, <NOTE PLACE="marg">Pain.</NOTE> Oxen, or Kine, to go and pa&s;&s;e upon the common of this Lord&s;hip, nor in the Lanes to the &s;aid Mannor be|longing, upon pain of forfeiting to the Lord for every one of them, for every time two pence.</P>
<P>Al&s;o it is ordained that <HI>W. J.</HI> &s;hall remove his Dunghill lying by the Queens high way again&s;t his Hou&s;e, <NOTE PLACE="marg">Pain.</NOTE> before the fea&s;t of <HI>Ea&s;ter</HI> next, upon the paine of forfeiture ten &s;hillings.</P>
<P>Al&s;o it is ordained that <HI>J. F.</HI> <NOTE PLACE="marg">Pain.</NOTE> &s;hall make and maintaine a Bridge in his Clo&s;e called great <HI>Colemans</HI> in the way lea|ding from <HI>I&s;lington to Hog&s;den,</HI> upon the pain of forfeiting to the Lord ten &s;hillings.</P>
<P>Al&s;o it is ordained that every one yoke o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> ring his Hogs
<PB N="105" REF="55">before the Fea&s;t of S. <HI>Michael</HI> the Archangell next, and the &s;ame keep &s;o yoked and ringed till the Fea&s;t of S. <HI>John</HI> the Bapti&s;t, then next following, upon the paine of for|feiting to the Lord for every Hogge, for every week, three &s;hillings &s;ix pence.</P>
<TRAILER>The end of the Court Leet.</TRAILER>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The manner of keeping a Court Baron.</HEAD>
<HEAD TYPE="sub">The Court of <HI>R.F.C.</HI> there held the Tue&s;day, that is to &s;ay, Prebend the <HI>14.</HI> day of May, the yeare of the Reigne of Queen of I&s;ling&mdash;<HI>Elizabeth,</HI> by the Grace of God, of <HI>England, France,</HI> ton. and <HI>Ireland,</HI> Defender of the Faith, <HI>&amp;c. 26.</HI> held by <HI>I.K.</HI> the Steward.</HEAD>
<P>IS. &amp; I.D. &amp; R.R.R. E&s;&s;oyned of Common, <NOTE PLACE="marg">E&s;&s;oyne.</NOTE> or E&s;&s;oy|ned for the Suit of Court, by <HI>R.R.</HI>
<TABLE>
<ROW>
<CELL><HI>John Doo,</HI></CELL>
<CELL>&nbsp;</CELL>
<CELL><HI>Robert Dodge,</HI></CELL>
</ROW>
<ROW>
<CELL><HI>Richard Roo,</HI></CELL>
<CELL>&nbsp;</CELL>
<CELL><HI>Thomas Lodge,</HI> <NOTE PLACE="marg">The Ho|mage.</NOTE></CELL>
</ROW>
<ROW>
<CELL><HI>John Den,</HI></CELL>
<CELL>Sworn.</CELL>
<CELL><HI>Adam Clarke,</HI></CELL>
</ROW>
<ROW>
<CELL><HI>Richard Fenn,</HI></CELL>
<CELL>&nbsp;</CELL>
<CELL><HI>David Parke,</HI></CELL>
</ROW>
<ROW>
<CELL><HI>Walter Helen,</HI></CELL>
<CELL>&nbsp;</CELL>
<CELL><HI>Henry Roo,</HI></CELL>
</ROW>
<ROW>
<CELL><HI>Robert Allen.</HI></CELL>
<CELL>&nbsp;</CELL>
<CELL><HI>William Croo.</HI></CELL>
</ROW>
</TABLE></P>
<P>Fir&s;t, after the &s;tile of the Court is entered, you &s;hall make once <HI>O Yes,</HI> and then call the Suitors, and after that another <HI>O Yes</HI> &s;hall be made, and then the Steward &s;hall &s;ay,</P>
<P>If any will be E&s;&s;oyned, or enter any Plaint, come you in, and you &s;hall be heard.</P>
<P>And after your E&s;&s;oyne entred, and your Plaint deter|mined,
<PB N="106" REF="56">then impannell your Jury and &s;wear them.</P>
<P>And after the Enque&s;t is impannelled and &s;worn, make another <HI>O Yes,</HI> and then you &s;hall &s;ay, You good men which be impannelled, come neare, and you and all other keep &s;ilence, during your Charge.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>An exhortation to the Jury.</HEAD>
<P>YOu good men which are &s;worne, before that I enter to give to you the Charge, I intend to &s;hew to you by what Authority you are a&s;&s;embled, and for what purpo&s;e.</P>
<P>Fir&s;t, you ought to con&s;ider, that there are three cau|&s;es of your meeting.</P>
<P N="1">1. One cau&s;e is, for that you be re&s;ident, and dwel|ling within the Precinct of the Leet here to be held, and for that you ought to appeare.</P>
<P N="2">2. The &s;econd cau&s;e is, for that &s;ome of you hold Land of the Lord of this Mannour, &s;ome as Free-holders, &s;ome as Copy-holders, and by rea&s;on of &s;ome of your Tenures, you ought to make Suit to the Court Baron of your Lord, from three weeks to three weeks, if this Court be &s;o warned.</P>
<P N="3">3. The third is, you may here learn the Lawes, to know what thing to follow, and what to avoid, by which that which is good may be the better followed, and ill things the better be avoided, being pre&s;ented by you, and puni&s;h|ed; and for that, that every one may live, and injoy that which he hath with quietne&s;&s;e, and the Common-wealth may flouri&s;h, and vertue abound; and then for that you may better inquire and pre&s;ent, I have mini&s;tred to you a corporall Oath, which I coun&s;ell you to con&s;ider, and the parts of that, which are three, that is to &s;ay, Truth, Judge|ment and Ju&s;tice.</P>
<P>Truth, that you &s;hall pre&s;ent nothing but truly, and that you &s;hall not omit any thing of the truth not pre|&s;ented.</P>
<P>With Judgement, that you &s;hall pre&s;ent all things with good advi&s;ement, and that you &s;hall not be negligent to inquire out the truth in all matters to be pre&s;ented.</P>
<P>With Ju&s;tice, that you &s;hall not for favour, nor for cor|ruption of reward, nor for feare, nor for di&s;plea&s;ure, nor
<PB N="107" REF="56">for private hurt or profit which may come to your &s;elves, nor for malice, that you pre&s;ent any thing: And the&s;e three principall things you ought well to regard in your Oath.</P>
<P>And at the la&s;t note, that you run not into wilfull per|jury, which if you do, you condemne your &s;ouls, and provoke the anger of God, and get puni&s;hment to your &s;elves and your po&s;terities in this world, and you get to you the torments of the Devill and hell, after this life, for ever.</P>
<P>But if you keep well your Oath, you obtaine by that, great profit and commodity; for by that wrong &s;hall be redre&s;&s;ed, peace and tranquility &s;hall be maintained, and right and publike good pre&s;erved, and you &s;hall live in quiet, and hold your Goods, Lands, and Lives, in peace and quietne&s;&s;e, and you &s;hall be accounted after this life, among the Saints of God, and &s;hall have life eternall; and over that ob&s;erve you, that I may by the Law charge another Jury immediately to inquire of your concealments and perjuries, and that you &s;hall finde by putting great Fines and Amerciaments upon you, and impri&s;oning your bodies: And to conclude, fir&s;t, now if you remember your duties to God, as I have &s;aid, that will move you to keep your Oathes, and the love that you owe to the Com|mon-wealth, with con&s;ideration of your &s;elves, wives, &s;onnes, and po&s;terity, and the fear of God, and regard of hone&s;ty, and all the&s;e well con&s;idered, then you will pre|&s;ent ju&s;tly, and truly the things which I &s;hall give to you in Charge; and I make an end, and the Articles of your Charge follow.</P>
<TRAILER>Then followeth the Charge in Court Baron.</TRAILER>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Charge in Court Baron.</HEAD>
<P>FIr&s;t, you ought to inquire of all per&s;ons which owe Suit to this Court, and who make default, and pre&s;ent their names; and you ought to note, that all &s;uch per&s;ons which hold any Land of the Lord by Suit of Court, in what place they dwell, and of what age he is, that &s;hould make Suit to the Court, or otherwi&s;e he ought to be amerced,
<PB N="108" REF="57">and Amerciament is by cu&s;tome, for by the Common-Law they &s;hall be di&s;trained, and that is called Suit-&s;er|vice, and that is by rea&s;on of the Tenure, and if any &s;uch per&s;on which oweth Suit to the Lord be in Ward to the King, neverthele&s;&s;e he may be amerced, for not making Suit to the Court of the Lord; but the Lord cannot de|&s;traine for this Amerciament during his Ward&s;hip, yet af|ter Livery, the Lord may de&s;traine for the whole Amercia|ment.</P>
<P>And if there be two Coparceners, <NOTE PLACE="marg">Coparce|ners. Joynt-Tenants.</NOTE> for which one Suit ought to be made, the elde&s;t &s;i&s;ter ought to make the Suit onely, and the other &s;hall be contributary, <HI>Fitzh.</HI> 159. <HI>B.</HI></P>
<P>And &s;o it is of Joyn-Tenants, the Suit may be made by agreement by one, and the other &s;hall be contributary, by <HI>Marleb. chap.</HI> 9. but if one holds twenty acres by Suit of Court, and alien that to twenty &s;everall per&s;ons, by the Statute of <HI>Quia emptores terrarum,</HI> every one &s;hall make Suit &s;everally.</P>
<P N="2">2. <NOTE PLACE="marg"><HI>Ra&s;tal. Suit.</HI> 1.</NOTE> Al&s;o if any Tenant be dead after the la&s;t Court, or before, and his death not pre&s;ented, you ought to inquire what Lands he holds of this Mannour, and if they were held by Knights &s;ervice, <NOTE PLACE="marg">Ward Releif.</NOTE> Soccage, or by Copy, and what advantage the Lord &s;hall have by his death, <HI>Scilicet</HI> Ward|&s;hip, Marriage, Releif, E&s;cheate, or other Profits, and who is his next Heire, and of what age, and in who&s;e cu&s;tody he is.</P>
<P N="3">3. Al&s;o if any Tenant which holds by Knights Ser|vice alien his Land by collu&s;ion to defeat the Lord of his Ward, and other Profits, it is inquirable.</P>
<P N="4">4. Al&s;o if any Tenant which holds by Knights &s;ervice be di&s;&s;ei&s;ed, and dieth di&s;&s;ei&s;ed, his Heire within age, the Lord &s;hall have him in Ward; and if any Tenant which holdeth by Knight-Service die, his Heire male within age of 21. years, the Lord &s;hall have the Land in Ward, till the age of 21 years, and al&s;o his Marriage, unle&s;&s;e he be married, <HI>Littleton, fol.</HI> 19.</P>
<P N="5">5. If the Father which holds in Knights Service marry his daughter within age, to a husband of full age, and dies, the Lord &s;hall not have the Ward&s;hip of the Land, and if &s;he were of full age, the Lord &s;hall not have the Ward&s;hip of the Land; but if &s;he were within age, and marry to a husband within age, the Lord &s;hall have the Land in
<PB N="109" REF="57">Ward till the age of 14. years, <HI>Natura brevium, fol.</HI> 98.</P>
<P>But if &s;uch Tenant die, his heire female being of the age of 14. years or more, and not married, &s;he &s;hall not be in Ward, nor her Land, but if &s;he were within age of 14. years and not married, &s;he &s;hall be in Ward of Body and Land till the age of 16. years, and if &s;he were married in the life of her father, within the age of 14. years, her land &s;hall be in Ward till the age of 14. years, and no more, <HI>Littleton, fol.</HI> 19.</P>
<P N="6">6. And you ought to note, that there is Knights Ser|vice of a common per&s;on, that is, where one holds of his Lord by Homage, Fealty, and E&s;cuage, that is to &s;ay, when it is a&s;&s;e&s;&s;ed to more, more, and when to le&s;&s;e, le&s;&s;e, <HI>Littleton, fol.</HI> 19. and where one holdeth by keeping a Ca&s;tle, or by blowing a Horn, that is Knights &s;ervice.</P>
<P N="7">7. And Soccage Tenure is where one holds by Homage and Fealty, or by Fealty and Rent, or by Homage, Feal|ty, Rent, and by Suit of Court for all manner of Services, or in Burgage; and if &s;uch Tenant die, his i&s;&s;ue within age of 14. years, then the next freind of the heire to whom the inheritance cannot de&s;cend, &s;hall have the Ward of the Land, and of the Heir till 14. years, and then give an account to the Heir of the profits taken; but this Gardian &s;hall have his rea&s;onable allowance for his co&s;ts and ex|pences, <HI>Littleton, fol.</HI> 22. See <HI>Natura Brevium, fol.</HI> 97.</P>
<P N="8">8. Releife by Soccage is as much as the cheif Rent is by the yeare, which he payes to his Lord, and this is due forthwith after the death of his Tenant in Soccage, &s;o that the Heire be pa&s;t his age of 14. yeares, <HI>Littleton, fol.</HI> 24.</P>
<P N="9">9. And if Land be held by Knight Service, and his Tenant dies, his Heire of full age, the Releif is due to the Lord, and if he hold by an intire Fee of a Knight, the Releife is one hundred &s;hillings, and if he hold by the halfe of a Fee, fifty &s;hillings, and &s;o according to the rate, <HI>Littleton, fol.</HI> 21. and all the&s;e profits are inquirable.</P>
<P N="10">10. Al&s;o if any Rent, Cu&s;tome, <NOTE PLACE="marg">Rent not paid.</NOTE> or Service be with|drawne, which ought of right to be made, by whom it is with-drawne, and what Cu&s;tome and Service it is, and in what Bailiffs time it was with-drawne, and where the land is, that the Lord may di&s;train for the Arrearages, and what Rent that is, and how many years it hath been with-drawn.</P>
<P N="11"><PB N="110" REF="58">11. <NOTE PLACE="marg">Lands concealed</NOTE> Al&s;o if any Land of the Lord be withdrawne, or u&s;ed by any without licen&s;e of the Lord, by whom it is, and how much Land hath been &s;o u&s;ed, and of what value by the yeare that is, is inquirable.</P>
<P N="12">12. Al&s;o if any Villaine of the Lord be, and what Goods, <NOTE PLACE="marg">Villaine.</NOTE> Chattels, and Lands he hath, what e&s;tate he hath in them, that the Lord may &s;ei&s;e them, and what other things he hath: And if any Villaine withdraw his Goods out of the Lord&s;hip without licen&s;e of the Lord, or if a free man marry a Villain woman, without the licen&s;e of the Lord, it is inquirable.</P>
<P>Note, If a Villaine purcha&s;e Lands, and doe not alien them before the Lord enter into them, the Lord &s;hall have them: Otherwi&s;e it is if the Villaine alien them be|fore the entry of the Lord; the &s;ame Law is of Goods, <HI>Litt. fol.</HI> 33. <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">but the Lord cannot &s;ei&s;e the Goods which a Villain hath as Executor, <HI>Litt. fol.</HI> 35.</P>
<P>If a Villain be made a Chaplaine Secular, the Lord may &s;ei&s;e him as his Villaine, and his Goods; but other|wi&s;e it is if he enters in Religion: Or if a Free man e&s;|pou&s;e a Villaine Woman without the licen&s;e of the Lord, or by that, this is inquirable.</P>
<P>If a Villain dwell in ancient Deme&s;ne of the King, which is in the Kings hands, and hath dwelt there by a yeare and a day, the Lord cannot &s;ei&s;e him, nor &s;hall have a Writ of <HI>Nativo habendo,</HI> &s;o long as he dwelleth there: But if the Lord claime him within the yeare, that hee cometh into ancient Deme&s;ne, and &s;o makes his claime within every yeare and <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> day, then the Villain &s;hall not take advantage by his being there, and if the Villaine dwell in another Mannor of ancient Deme&s;ne, which is in po&s;&s;e&s;&s;ion of another then the King, the Lord may &s;ei&s;e him, <HI>Fitzh. fol.</HI> 79. <HI>a.</HI> and from thence-going that, the Lord may make his claime, if he goe in ancient Deme&s;ne, is inquirable.</P>
<P>Al&s;o if any of the Tenants of the Lord be dead with|out Heire generall or &s;peciall, <NOTE PLACE="marg">E&s;cheat.</NOTE> then the Lord &s;hall have his Lands by E&s;cheat, or if any Tenant, &s;ei&s;ed in Fee, be attaint of Felony, by Outlawry, Verdict, or otherwi&s;e, the King &s;hall have (yeare day and wa&s;te) and after the Lord by E&s;cheat, and is inquirable. Or if a Ba&s;tard purcha&s;e Land, and dye without i&s;&s;ue of his body, the
<PB N="111" REF="58">Lord &s;hall have his Land by E&s;cheat: And note, That none &s;hall have Lands of Fee-&s;imple as heire to any man, unle&s;&s;e he be heire of the whole blood, <HI>Littleton, fol.</HI> 2. And if the Tenant be di&s;&s;ei&s;ed, and dyes without heire, the Lord &s;hall have the E&s;cheat.</P>
<P N="14">14. <NOTE PLACE="marg">Common.</NOTE> Al&s;o if any which hath no Common without num|ber, charge the Common with more Bea&s;ts then he ought to doc, according to the quantity of his Land, or if he which hath Common appendant, not Common appurte|nant, put into the Common, Bea&s;ts which are not com|monable, as Hogs, Goats, and Gee&s;e, or if any digg in the Common, unle&s;&s;e it be for Gravell for the high waies, and fill it againe, or maketh other tre&s;pa&s;&s;e in the Com|mon, or u&s;e the Common in any other manner, without the licen&s;e of the Lord, but to take his Common with the mouth of his Bea&s;ts, or if any digg Turffs, or make other tre&s;pa&s;&s;e upon the wa&s;te, or build any hou&s;e, or make inclo&s;ure of any part of it, it is inquirable.</P>
<P N="15">15. Al&s;o if any Tenant within this Mannour, <NOTE PLACE="marg">Recha&s;ing</NOTE> which hath two Farmes, one of them within this Mannour, the other within another Mannor, and at the time when the Feilds and Meadows within this Mannour are layd open, he brings his Bea&s;ts within this Mannor, which he hath kept upon the Farme of another Mannor, and by this &s;urchargeth the Tenants within this Mannor, this cha&s;ing and recha&s;ing is inquirable.</P>
<P N="16">16. <NOTE PLACE="marg">Mort|maine.</NOTE> Al&s;o if any Tenant of this Mannor hath aliened any of his Lands in Mortmaine, that is, to a Religious hou&s;e or to a Bi&s;hop, Par&s;on, Vicar, and to their Succe&s;|&s;ors, or to any other Corporation, where that &s;hall go in &s;ucce&s;&s;ion; that is to &s;ay, To them and their Succe&s;&s;ors, without the licen&s;e of the King, and the Lord of the Mannor, it is inquirable. That the Lord may make his claime within a yeare according to the Statute: Note, That by the Statute of <HI>Religio&s;is,</HI> the Lord may enter within one yeare after the alienation; and if the cheife Lord immediate, be negligent, and doe not enter upon this Fee within a yeare, then it is lawfull to the next Lord of that Fee, within the halfe yeare following to enter, and at the la&s;t the King: And if any make a Feoffment to one to the u&s;e of a Hou&s;e of Religion, or to the u&s;e of a Company, or Brother-hood, this is Mortmaine: The
<PB N="112" REF="59">&s;ame Law is where one exchanges with a Corporation, that is Mortmaine; al&s;o if any religious per&s;on hold of a|ny man by Rent-&s;ervice, and the Lord relea&s;es to him, this is Mortmaine.</P>
<P N="17">17. <NOTE PLACE="marg">Who is Tenant.</NOTE> Al&s;o if any Tenant by Charter alien his Land, and hath not given notice of that to the Lord, and the A|lienee hath not made fealty to the Lord, nor Suit of Court, that the Lord may have knowledge, who is his Te|nant, it is pre&s;entable, for that he may know upon whom to make his avowry, and of whom to have his Services and E&s;cheats.</P>
<P N="18">18. <NOTE PLACE="marg">Wa&s;te.</NOTE> Al&s;o if any Termor for years, or for life, of any parcell of the Deme&s;nes of the Mannor, hath made wa&s;te in any Hou&s;e, Lands, Woods, or Gardens, you &s;hall pre|&s;ent that, or if any holds two Tenements and hath wa&s;ted one, as if he remove Trees from one to the other, that is wa&s;te.</P>
<P N="19">19. <NOTE PLACE="marg">Tre&s;pa&s;&s;e.</NOTE> Al&s;o if any Tre&s;pa&s;&s;e be made in any Deme&s;nes of the Lord, that is to &s;ay, In the Corn, Gra&s;&s;e, Meadowes, Pa&s;tures, Wood, Hedges, Waters, or if any Fi&s;h within his Rivers or Waters, or if any Hauk or Hunt within the Deme&s;nes of the Lord, without his licen&s;e, or within his Warren, the&s;e are pre&s;entable.</P>
<P N="20">20. <NOTE PLACE="marg">Tre&s;pa&s;&s;e.</NOTE> Al&s;o if any take any Hony or &s;warms of Bees with|in the Deme&s;nes of the Lord, or take any Haukes or Aeiry of Haukes, the&s;e are inquirable.</P>
<P N="21">21. Al&s;o if any Bailiff, or Officer make any arre&s;t for Rent, <NOTE PLACE="marg">Re&s;cous.</NOTE> Cu&s;tome or Service due to the Lord, and Re&s;cous to him is made, you ought to pre&s;ent the name of him which made the Re&s;cous, and where and when it was.</P>
<P N="22">22. <NOTE PLACE="marg">Pound breach.</NOTE> Al&s;o if any di&s;tre&s;&s;e be put in the pound of the Lord, and be taken out without authority of Law, this is a Pound-breach, and is inquirable.</P>
<P N="23">23. <NOTE PLACE="marg">Remove|ing meer|&s;tones.</NOTE> Al&s;o if any remove or take away any meer&s;tones or &s;takes between this Lord&s;hip and another, or between Te|nant and Tenant, you ought to pre&s;ent that.</P>
<P N="24">24. <NOTE PLACE="marg">Encroch.</NOTE> Al&s;o if any hath incroached any of the Lands of the Lord, <HI>&s;cilicet,</HI> Land, Meadow, Pa&s;ture, Wood, Fur&s;e, Moore, or any other vacant Land without the Lords li|cen&s;e, by burning his Hedges, Pale, or otherwi&s;e, that is inquirable.</P>
<P>Note, that all the void Land and Wa&s;te within the Man|nor is to the Lord of the Mannor.</P>
<P N="25"><PB N="113" REF="59">25. Al&s;o if any within this Mannor, <NOTE PLACE="marg">Husban|dry.</NOTE> &s;uffer any Hou&s;e 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, <NOTE PLACE="marg"><HI>Ra&s;t. Husb.</HI> 1. <HI>and</HI> 6.</NOTE> &s;hal have the halfe of the profits of this to his owne proper u&s;e, till that be maintained again for Husbandry, 4 <HI>H.</HI> 7. chap. 19. and 5 <HI>Eliz.</HI> chap. 2. and that for the benefit of the Lord is inquirable.</P>
<P N="26">26. Al&s;o if any Tenant, hath inclo&s;ed any Land, <NOTE PLACE="marg">Common.</NOTE> and keeps that in &s;everalty, (which was wont to lye open) without the licen&s;e of the Lord and other Free-holders, that is al&s;o inquirable, for that no Tenant of the Lord&s;hip &s;hall loo&s;e his Common in that.</P>
<P N="27">27. Al&s;o if any keep and withdraw any Evidences, <NOTE PLACE="marg">Evidence of the Lord.</NOTE> Court Rolles, Rentalls, or Evidences pertaining to the Lord of the Mannor, is inquirable.</P>
<P N="28">28. Al&s;o if any thing pained before to be done, <NOTE PLACE="marg">Puni&s;h|ment.</NOTE> and is not yet done, in who&s;e default that is, and you ought to pre&s;ent his name.</P>
<P N="29">29. Al&s;o if any Coppy-holder, <NOTE PLACE="marg">Coppy-holder.</NOTE> lets his Coppy-hold Land for longer time then for a yeare and a day, without &s;urrender, unle&s;&s;e it be by the cu&s;tome, that he may let for longer time, and if he do, it is a forfeiture, and inquira|ble.</P>
<P N="30">30. Al&s;o if any Coppy-holder, make a change of the po&s;&s;es&s;ion of his Coppy-hold, for Charter Land, or other|wi&s;e, that the Lord may have any di&s;advantage, in mend|ing of one and impairing of another, that is inquirable.</P>
<P N="31">31. Al&s;o if any Coppy-holder alien any of his Coppy-hold by Deed, and make livery of Sei&s;in acording to the Deed it is a forfeiture, and inquirable, <HI>Lit. fol.</HI> 14.</P>
<P N="31">31. Al&s;o if any Coppy-holder cut any Tree which is a Hedg-row without licen&s;e of the Lord, is a forfeiture, if not by the cu&s;tome of the Mannor u&s;ed time out of mind, <HI>&amp;c.</HI> This Coppy-holder hath u&s;ed to cut his Trees and Wood at his plea&s;ure, it is inquirable.</P>
<P N="33">33. Al&s;o if any Coppy-holder, which hath not his Wood by cu&s;tome of the Mannor to him&s;elf, but his Lord hath that there, if he lop or top any Trees of his Coppy-hold in un&s;ea&s;onable time, by which that &s;tarveth, that is a for|feiture, and is inquirable.</P>
<P>Note that Tenant at will by the Common Law, may take Hou&s;e-boote, Hedg-boote, and Plough-boote, and cut
<PB N="114" REF="60">that in &s;ea&s;onable time, and &s;o may Tenant by Copy of Court Role do of a Coppy-hold.</P>
<P N="34">34. Al&s;o if any Coppy-holder &s;uffer his Hou&s;e which is Coppy-hold to decay and fall down, or do not repaire that, but &s;uffer that to be uncovered, by which there is wa&s;t, that is a forfeiture and inquirable; if it be not by the cu|&s;tome of the Mannor, that they may &s;uffer their Hou&s;es to decay and fall down, and yet no forfeiture by the cu&s;tome, and al&s;o in &s;ome Mannors the Tenants may &s;uffer wa&s;te in their Hou&s;es, and al&s;o cut their Trees at their plea&s;ures, and &s;hall not be puni&s;hed, for it is lawfull by the cu&s;tome of diver&s;e Mannors.</P>
<P N="35">35. Al&s;o if any Coppy-holder dye &s;ei&s;ed of any Coppy-hold, who is his next Heir, and of what age he is, or if any Coppy-holder by the cu&s;tome of the Mannor hath &s;urren|dred any Coppy-hold into the hands of the Baili&s;t, or any Tenants, after the la&s;t Court to the u&s;e of another, for of every &s;uch &s;urrender the Lord ought to have a Fine, and the parties in who&s;e hands the &s;urrender was made, ought to come to the next Court, and pre&s;ent the &s;ame &s;urrender &s;o taken, and give it into the hands of the Lord to the u&s;e of the Alienee, or otherwi&s;e he ought to forfeit his Coppy|hold, if he have not a rea&s;onable excu&s;e, in&s;omuch that he doth not bring in the &s;urrender by him taken, but doth what lieth in him to make the Lord loo&s;e his Fine, and al&s;o to di&s;-inherit the other party, to who&s;e u&s;e the &s;urren|der was made.</P>
<P N="36">36. Al&s;o if any Tenant which holds by Harriot &s;ervice, or Harriot cu&s;tome, dye &s;ei&s;ed of any Land or Tenement &s;o held, and that a Harriot is due to the Lord, and al&s;o if any &s;uch Tenant hath aliened any parcell of his Land &s;o held, the Lord &s;hall have for every of their &s;everall parts, diver&s;e Harriots at their &s;everall deaths, as if a man hath two parcells of Land held by Harriot &s;ervice, and by &s;e|verall Titles, and dye &s;ei&s;ed of the &s;ame, the Lord &s;hall have two Harriots; and al&s;o you &s;hall pre&s;ent if any Harri|ot be carried out of this Lord&s;hip, by whom it is, and where they are.</P>
<P N="37">37. <NOTE PLACE="marg">Suit to the Mill.</NOTE> Al&s;o you &s;hall inquire if any Tenant of this Man|nour, which ought by rea&s;on of his Tenure to make Suit to the Lords Mill, do make his Suit there, or not.</P>
<P N="38">38. Al&s;o you &s;hall inquire, if any one have fi&s;hed, &s;oul|ed;
<PB N="115" REF="60">hawked or hunted within this Mannor, or within the Deme&s;nes of the Lord&s;hip, without licen&s;e of the Lord, and pre&s;ent their names.</P>
<P N="39">39 Al&s;o if any hath taken Phea&s;ants, or Partridges in their ne&s;ts, or the egges of them within the Deme&s;nes of the Mannour, or the egges of the Swans of the Lord, and pre&s;ent their names.</P>
<P N="40">40. Al&s;o you &s;hall inquire if all the defaults and plaints which were pre&s;ented at the la&s;t Court, were &s;ufficiently amended, or not, and if all the Lawes and Orders before by you made, be ob&s;erved and kept, or not; and further you &s;hall inquire of all other things, which in your con|&s;ciences you beleive to be convenient to be inquired of, and you &s;hall bring in your Verdict in writing &s;uch an hour: And now you may depart, and inquire of your Charge, having regard to that which you have &s;worn, and note that you keep well your Oath.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Hawkers and Hunters.</HEAD>
<P><HI>WE&s;t.</HI> 1. <HI>ch.</HI> 1. forbiddeth that none &s;hall cha&s;e in an|others Park, nor fi&s;h in anothers River, and if he do, he &s;hall be impri&s;oned, and fined, and if none will &s;ue, the King &s;hall have the Suit as in a thing made again&s;t the Peace, and the King &s;hall make inquiry from year to year, <HI>&amp;c. Fitzh.</HI> 67. <HI>D.</HI></P>
<P><HI>We&s;tm.</HI> 1. <HI>chap.</HI> 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 &s;hall be accounted good, and amends made according to the manner of the Tre&s;pa&s;&s;e, and &s;hall have impri&s;onment for three years, and then &s;hall be fined, and if he hath not to pay a Fine, he &s;hall be bani&s;hed or out-lawed, and if the party &s;ue not within the yeare, the King &s;hall have the &s;uit.</P>
<P>39. <HI>H.</HI> 7. <HI>chap.</HI> 11. If any per&s;on, not having a Parke, Cha&s;e, nor Forre&s;t, keep any nets, called Deer-Hayes, o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Buc<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;talls, or &s;talk with bu&s;h or bea&s;t in anothers Park, Cha&s;e, or Forre&s;t, without licen&s;e, he &s;hall forfeit ten pound to any per&s;on which will &s;ue for the &s;ame.</P>
<P>31. <HI>H.</HI> 8. <HI>chap.</HI> 12. Where Hunters in the day or night with vizards, or painted faces, it was felony, now it is not.</P>
<P><PB N="116" REF="61">5. <HI>Eliz. c.</HI> 21. Every one which wrongfully taketh Hawks, or their egges by night or day, and be convict, &s;hall pay treble damages, and &s;uffer impri&s;onment three years, but the&s;e Statutes afore&s;aid are not inquirable in a Leet.</P>
<P>43. <HI>Ed.</HI> 3. <HI>fol.</HI> 24. Tre&s;pa&s;&s;e, why by force of armes his Deer, price forty &s;hillings (where it was wilde) he took, and the Writ abated, 18. <HI>Ed.</HI> 4. <HI>fol.</HI> 14. the &s;ame.</P>
<P>3 <HI>H.</HI> 6. <HI>f.</HI> 58. Tre&s;pa&s;&s;e, he entered into his Warren, and took a 1000. hares, and doth not &s;ay his, yet it is good.</P>
<P><HI>Fitzh.</HI> 86. <HI>L. &amp;</HI> 89. <HI>R.</HI> Tre&s;pa&s;&s;e lieth by force of arms, the young hawkes of his hawkes, price &s;o much, he took, and why he entered his Warren, and took Hares, Coneys, and Phea&s;ants, and not his, and good, for he hath no pro|perty, 22. <HI>H.</HI> 6. <HI>fol.</HI> 65.</P>
<P><HI>Doctor &amp; Student, fol.</HI> 9. None hath property of Birds, Fowle, wilde Bea&s;ts of Forre&s;t, and Warren, yet the eggs of Hawks, Herons, and &s;uch like, are to them which owe the Land.</P>
<P><HI>Fitzh.</HI> 67. No man &s;hall be taken and impri&s;oned for Vert or Vene&s;on, if he be not found with the manner, or indicted, <HI>Nat. bre. fol.</HI> 41. the &s;ame. See <HI>Britton, fol.</HI> 84.</P>
<P>18. <HI>Ed.</HI> 4. <HI>fol.</HI> 14. Where a man licen&s;es me to hunt and kill a Buck in his Park, my &s;ervant cannot come in by my commandment, for the licen&s;e &s;hall be &s;trict to him to whom it is given.</P>
<P>2. <HI>Ed.</HI> 4. <HI>fol.</HI> 5. Tre&s;pa&s;&s;e, one cannot ju&s;tifie by licen&s;e of a Keeper to kill a Deer.</P>
<P>16. <HI>Ed.</HI> 4. <HI>fol.</HI> 7. Tre&s;pa&s;&s;e, by force of armes he broke his Dove-hou&s;e, and took his Pigeons in the &s;ame, and good, but not abroad when they are out, and have no mark, and are in the fields.</P>
<P>38. <HI>Ed.</HI> 3. <HI>fol.</HI> 12. Tre&s;pa&s;&s;e for entering into his Warren, and took his Phea&s;ants, it was held that if the Defen|dant fly a Phea&s;ant in his own land out of the Warren, and his Hawke fly and kill in anothers Warren, his entry into the Warren is a wrong.</P>
<P><HI>Treheron</HI> in his reading &s;hewed, that Forre&s;t ought to be by Commi&s;&s;ion and Proclamation, and that a common per|&s;on cannot have a Forre&s;t, that is to &s;ay, cannot make a Forre&s;t, nor u&s;e Forre&s;t-Lawes, as it is &s;aid: And to a Forre&s;t there are divers Officers, and to this is incident a Court of Swannimote, but a common per&s;on may have a
<PB N="117" REF="61">Cha&s;e or Park by Grant or Pre&s;cription, and Forre&s;t-Lawes &s;hall not be to a Cha&s;e, nor Court of Swannimote, the Statute of 13. <HI>R.</HI> 2 is not inquirable in a Leet, but be|fore Ju&s;tices of Peace, that is to &s;ay, that it is that no Arti|ficer, nor Lay man which hath not Lands to the value of forty &s;hillings <HI>per annum,</HI> and no Clark which is not ad|vanced to ten pound <HI>per annum,</HI> &s;hall not keep a Harrier, or other Dog to Cha&s;e, nor &s;hall u&s;e Ferrets, Hayes, Nets, Harepipes, nor Cords, nor other Engines to take or to di&s;troy wilde bea&s;ts, upon pain of impri&s;onment for a year, yet it is inquirable in a Court Baron, if any hunt or hawke within a Park, Cha&s;e, Warren, or Deme&s;ne Lands of the Lord of the Mannour without his licen&s;e, and for that &s;omething of that &s;hall be &s;aid.</P>
<P>12. <HI>H.</HI> 8. <HI>fol.</HI> 3. Tre&s;pa&s;&s;e lieth for taking a Hound or Deere out of the po&s;&s;e&s;&s;ion of the Plaintiffe, and hath po&s;|&s;e&s;&s;ion, and not property.</P>
<P>12. <HI>H.</HI> 8. <HI>fol.</HI> 10. One hath but po&s;&s;e&s;&s;ion of a Deer, and if they go out, catch that catch may: and if any Hawke kill a Phea&s;ant in your Land, it &s;eems that I &s;hall have the Phea&s;ant, and yet it &s;eems, that one cannot hunt nor hawke in anothers Land.</P>
<P>10. <HI>H.</HI> 7. <HI>fol.</HI> 30. Account lieth again&s;t a Keeper for the Deer, for he hath po&s;&s;e&s;&s;ion as a Bailiffe; one may grant liberty to one to take every year a Deer, or to the Keeper the &s;houlders of them killed.</P>
<P>13. <HI>H.</HI> 7. <HI>fol.</HI> 10. Where a Deer&punc; is given to one, he may bring in his &s;ervants to take it, for otherwi&s;e peradventure he cannot &s;erve his Warrant.</P>
<P>13. <HI>H.</HI> 7. <HI>fol.</HI> 13. It is &s;aid, If one hath licen&s;e to cha&s;e, he cannot kill, 18. <HI>Ed.</HI> 4. <HI>fol.</HI> 14</P>
<P>15. <HI>H.</HI> 7. <HI>fol.</HI> 16. Fine for hunting &s;hall be greater then the tre&s;pa&s;&s;e.</P>
<P>21. <HI>H.</HI> 7. <HI>fol.</HI> 30. It is lawfull for one to kill a Hart out of the Forre&s;t, though he be proclaimed.</P>
<P>12. <HI>H.</HI> 8. <HI>fol.</HI> 4. &s;aith, That one may di&s;train a Brache do|ing damage which enters into my Clo&s;e to cha&s;e, 2 <HI>Ed.</HI> 3. <HI>tit. di&s;tre&s;&s;e</HI> 20.</P>
<P>48. <HI>Ed.</HI> 3. <HI>fol.</HI> 8. He that hath land adjoyning to a Cha&s;e, may hunt Deer out of his ground with a little Dog, but not with Begles, and by &s;ome if the Dog follow them into the Cha&s;e, and the owner drives them back, yet if they kill the
<PB N="118" REF="62">bea&s;t, tre&s;pa&s;&s;e doth not lye. Seek 18 <HI>H.</HI> 6. <HI>f.</HI> 22. Held that if a man goe in the way adjoyning to a Park, and his Dogs break his Lea&s;h, and kill a Deere in the Parke again&s;t his will, and he call them back, he &s;hall not be puni&s;hed; but it &s;eems that if he doe not what he can to hinder them, it &s;hall be a tre&s;pa&s;&s;e.</P>
<P><HI>Fitzh.</HI> 19. If one incite or procure his Dog to bite a man, he &s;hall have his tre&s;pa&s;&s;e upon that.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>A&s;&s;i&s;e.</HEAD>
<P>IN &s;o much that an A&s;&s;i&s;e is brough of a Copy-holder, &s;ome thing is to be noted to you touching A&s;&s;i&s;es.</P>
<P>And fir&s;t I intend, That if a Copi-holder of Inheri|tance dyeth &s;ei&s;ed of a Copi-hold, and his heire enter (as he may) though there be no Court kept, and he not admitted, and be outed by a &s;tranger of that di&s;&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">i&s;ic, he &s;hall have a Plaint in nature of an A&s;&s;i&s;e. Seek, for it is 13 <HI>Eliz.</HI> by the Ju&s;tices, If Tenant by Copy of Court Roll, dye &s;ei&s;ed, and his heire enter and take the profits, he is no tre&s;pa&s;&s;er, though the Lord hath not admitted him Tenant; and though no Court were held there in &s;even yeares; and further there &s;aid, that it was adjudg|ed in the Chancery, That if Tenant by Copy of Court Roll hath i&s;&s;ue two Daughters by diver&s;e Women, and they enter and take the profits, and one dyes before any Court held, now her Cozen collaterall ought to Inherite as heire to her, and not the other Si&s;ter as heire to the Father, which proves that this was a &s;ei&s;in according to their Cu&s;tome: The &s;ame Law is if a Copl-holder be admitted, and after is thru&s;t out by another, or if ano|ther be admitted to it, and by this, he that was fir&s;t ad|mitted is thru&s;t out by him which was &s;econdly admitted, the fir&s;t Admittee &s;hall have a Plaint in nature of an A&s;|&s;i&s;e of that di&s;&s;ei&s;in.</P>
<P><HI>Plowden, Com. fol.</HI> 528. Par&s;on before Induction, can|not grant an anuity, for he hath no po&s;&s;e&s;&s;ion; &s;o it &s;eems if a Copi-holder dye &s;ei&s;ed, his i&s;&s;ue &s;hall not have an A&s;&s;i&s;e before admittance, <HI>Fitz.</HI> 177. <HI>a.</HI> Where Tenant for life; in Fee &s;imple, or Fee taile, is di&s;&s;ei&s;ed of his Lands and Tenements, or outed of that again&s;t his will,
<PB N="119" REF="62">this is di&s;&s;ei&s;in, and he &s;hal have an A&s;&s;i&s;e of novel di&s;&s;ei&s;in, <HI>Nat. brevium, fol.</HI> 107.</P>
<P><HI>Fitz.</HI> 195. <HI>c.</HI> Where my Father or my Mother, my Brother or my Si&s;ter, or my Unkle or my Aunt, or Ne|phew or Neece, dye &s;ei&s;ed of any Lands or Tenements or of Rents, of an E&s;tate of Fee &s;imple; now if a &s;tranger take po&s;&s;e&s;&s;ion of this Land or Rent after their death, I which am their heire &s;hall have an A&s;&s;i&s;e of <HI>Mortdance&s;ter, Nat. brevium, fol.</HI> 118.</P>
<P>So for a Copi-hold in Fee, If my Father, Mother, Brother, or Si&s;ter, Unkle, Aunt, Nephew, or Neece, dye &s;ei&s;ed of that, and a &s;tranger enters, I &s;hall have a plaint and make prote&s;tation to Sue in nature of a <HI>Mortdance&s;ter,</HI> and upon di&s;&s;ei&s;in as above, in nature of an A&s;&s;i&s;e of novel Di&s;&s;ei&s;in; and it &s;eemeth I have not &s;ei&s;in to maintaine an action of my owne &s;ei&s;in in the Lords Court, unle&s;&s;e I be Tenant to the Lord, and that is where I am admit|ted, for by the admittance of the Lord, it &s;hall be &s;aid (The Lord hath granted &s;ei&s;in, and he is admitted Te|nant:) And by this he is Tenant to have an A&s;&s;i&s;e, 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 po&s;&s;e&s;&s;ion of his Ance&s;tour, which was admitted, though I were not admitted: And &s;o where my Father dyeth &s;ei&s;ed of a Copi-hold in Fee, and I am admitted, and after another makes claime to it, and is al&s;o after|wards admitted and enters, he cannot have a Plaint in nature of an A&s;&s;i&s;e of novell di&s;&s;ei&s;in again&s;t me, for 26 <HI>H.</HI> 8. <HI>fol.</HI> 3. If one he admitted, in&s;tituted, and inducted, to a Benefice, and after another be pre&s;ented, and outs him, he &s;hall have an A&s;&s;i&s;e or a Tre&s;pa&s;&s;e, but he pre&s;ented cannot.</P>
<P>And &s;o if there be Grandfather, Father, and Son, and the Grandfather was admitted, and dyes, and the Father enters, and dyes before admittance; the Son in this ca&s;e &s;hall have a Plaint in the nature of a Writ of <HI>Ayell,</HI> and not an A&s;&s;i&s;e of <HI>Mortdance&s;ter.</HI> And by the Statute of 32 <HI>H.</HI> 8. <HI>chap.</HI> 2. it is Enacted, that no per&s;on &s;hall &s;ue, have, or maintaine any action for any Lands or Tene|ments upon his owne po&s;&s;e&s;&s;ion, above thirty yeares next before that began. If the Lord of a Mannour grant by
<PB N="120" REF="63">Copy, the Tenements of a Copi-holder, without lawfull cau&s;e in Fee, or for life, and the Grantee enter, hee which hath right, may have an A&s;&s;i&s;e again&s;t the Grantee if he were fir&s;t admitted: As the King by his Letters Pa|tents, grants to another my Land, and the Patentee en|ter by force of this Grant, I &s;hall have an A&s;&s;i&s;e: If a Copi-hold di&s;cend, the heire &s;hall have a tre&s;pa&s;&s;e at the Common Law before admittance, as above.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Sei&s;in of A&s;&s;i&s;e.</HEAD>
<HEAD TYPE="sub">What Sei&s;in is &s;ufficient to have A&s;&s;i&s;e, and what not.</HEAD>
<P>THe Warden of an Ho&s;pitall &s;hall have an A&s;&s;i&s;e of Rent, where his Predece&s;&s;or was &s;ei&s;ed, and not he him|&s;elfe, for the &s;ei&s;in of the Predece&s;&s;or is the &s;ei&s;in of the Hou&s;e, 15 <HI>Ed.</HI> 3. <HI>Tit.</HI> 39. accordingly of an Abbot and Prior, <HI>Fitz. fol.</HI> 179. <HI>c.</HI> and 8. <HI>A&s;.</HI> 16.3. <HI>A&s;.</HI> 5. according al&s;o of a Chauntry Prie&s;t, 34. <HI>A&s;.</HI> 5.</P>
<P>A&s;&s;i&s;e is not maintainable again&s;t him which hath but a free hold in Law, for of that &s;ei&s;in, an As&s;i&s;e doth not lye, and yet of that &s;ei&s;in a Wife &s;hall be endowed, <HI>Litt. fol.</HI> 152.</P>
<P>If a man which hath a title to enter &s;et his foot upon the Land and is outed, that is a &s;ufficient Sei&s;in to have an A&s;&s;i&s;e, 22 <HI>Ed.</HI> 3. <HI>Br.</HI> Sei&s;in 52.</P>
<P>If one put in his Bea&s;ts to u&s;e my common by my com|mandement, this is a &s;ufficient Sei&s;in for me to have an A&s;&s;i&s;e, 45 <HI>Ed.</HI> 3. <HI>fol.</HI> 25.22 A&s;&s;i&s;e 84.</P>
<P>Rever&s;ion is granted to <HI>J. S.</HI> and the Tenant for life attorne and dies, and <HI>J. S.</HI> enter by the Windowes, for that he cannot enter by the doore and when one half of his Body was in, he was pulled out, and yet that is a &s;ufficient Sei&s;in to have an A&s;&s;i&s;e, 8 booke of A&s;&s;i&s;es <HI>fol.</HI> 25.</P>
<P>Sei&s;in of Fealty is not &s;ufficient Sei&s;in to have an A&s;&s;i&s;e of Rent, but it is &s;ufficient Sei&s;in to make Avowrie, for all that is as well for the Rent as for the Fealty, 44 <HI>Ed.</HI> 3. <HI>fol.</HI> 11. by <HI>Thorpe,</HI> 3. <HI>Ed.</HI> 3. <HI>Tit.</HI> 40: 3. <HI>Ed.</HI> 3. Journey to <HI>Nor|folk,</HI> 20. <HI>H.</HI> 3. <HI>Tit.</HI> 433. 49. <HI>Ed.</HI> 3.15. and 45. <HI>Ed.</HI> 3: 28.</P>
<P><PB N="121" REF="63">A Lea&s;e is made for life re&s;erving foure Markes Rent, and the Le&s;&s;or is &s;ei&s;ed of twenty &s;hillings of that, and taketh di&s;tre&s;&s;e for the remainant, and Re&s;cous is made, and though but twenty &s;hillings be received, yet that is a &s;uffi|cient Sei&s;in to have A&s;&s;i&s;e of all, 8 <HI>Ed.</HI> 3 <HI>fol.</HI> 12. <HI>Tit.</HI> 141.8. A&s;&s;. 4.5. <HI>E.</HI> 4.2.12. <HI>E.</HI> 4.7.</P>
<P>If the Lord of a Rent &s;ervice grant the &s;ervice to ano|ther, and the Tenant attorn by a penny, and after the grantee di&s;trains, and the Tenant makes Refocus, here was no Sei&s;in to have A&s;&s;i&s;e of Rent, but if the gift of a penny had been in name of Sei&s;in and attornment, otherwi&s;e it is, 5 <HI>Ed.</HI> 4. <HI>fol.</HI> 2. <HI>Littleton fol.</HI> 127. <HI>b.</HI></P>
<P>Lord and Tenant are, the Lord grants the Rent of his Tenant by a Deed to another &s;aving to him the &s;ervices, and the Tenant attorns to that, this is Rent &s;eck, and if the Rent be denied at the next day of payment he hath no re|medy, but if the Tenant when he attornes or after will give a penny or a half penny in name of Sei&s;in of the rent, then if after the next day of payment, the Rent be to him denyed, he &s;hall have an A&s;&s;i&s;e and that is a &s;ufficient Sei&s;in to have an A&s;&s;i&s;e for all the Rent, <HI>Littleton fol:</HI> 42.</P>
<P>Sei&s;in of parcell of Rent is &s;ufficient to have A&s;&s;i&s;e of all the Rent, 8 book of A&s;&s;i&s;es 4.</P>
<P>Sei&s;in of Fealty is not &s;ufficient Sei&s;in to have an A&s;&s;i&s;e of Rent but Sei&s;in of E&s;cuage is Sei&s;in of Homage, 21 <HI>E.</HI> 3. <HI>fol.</HI> 52. <HI>Nat. Brevium fol.</HI> 109.5. <HI>Ed.</HI> 2 Avowrie 209.</P>
<P>U&s;ing of common by Tenants at will, is &s;ufficient Sei&s;in for him in Rever&s;ion to have A&s;&s;i&s;e of common, If he or his Tenant at will be di&s;turbed, 22 A&s;&s;i&s;e according <HI>Fitzh. fol.</HI> 180.</P>
<P>By <HI>Brudnell,</HI> of a thing tran&s;itory a man &s;hall be in po&s;&s;e&s;|&s;ion without &s;ei&s;ure, as my Tenant dies, his Heire within age I &s;hall have a Ravi&s;hment of ward without a Sei&s;er, but I &s;hall not have an ejectment of ward of Land which is locall, nor A&s;&s;i&s;e of Land, without fir&s;t having po&s;&s;e&s;&s;ion indeed, 14 <HI>H.</HI> 8. <HI>fol.</HI> 27.</P>
<P>If one recover and be put in by a Clod in the half by the Sheriff, and he again&s;t whom the recovery was, will not go out, yet that is a &s;ufficient Sei&s;in to have an A&s;&s;i&s;e 2 <HI>Ed.</HI> 2. <HI>Tit.</HI> execution 119.</P>
<P>If a man holds of the King in cheife, and holds other
<PB N="122" REF="64">Land of another Lord and dies, his Heire within age, which intrudes at his full age, and paies his Rent to the Lord, this is a good Sei&s;in to have an A&s;&s;i&s;e, notwith&s;tan|ding that he hath not &s;ued Livery, for the Signiory was not &s;u&s;pended by the po&s;&s;e&s;&s;ion of the King, but only the di&s;tre&s;&s;e, for after Livery the Lord may di&s;traine for his Arrerages, 34 <HI>H.</HI> 8. <HI>Tit.</HI> 48.47. <HI>Ed.</HI> 3. <HI>fol.</HI> 12. and 13. <HI>H.</HI> 7. <HI>fol.</HI> 15.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Pleas of A&s;&s;i&s;e by Bailiff.</HEAD>
<HEAD TYPE="sub">Al&s;o it is expedient for you to know what Pleas the Bailiff in A&s;&s;i&s;e &s;hall plead, and what the Di&s;&s;ei&s;er, and what the Tenant after the Bailiffe hath pleaded.</HEAD>
<P>BAiliff may plead a Plea which is triable by A&s;&s;i&s;e, and none other, 6 <HI>H.</HI> 7. <HI>fol.</HI> 15.</P>
<P>Pleas of a Bailiff ought to be &s;uch which are triable by the A&s;&s;i&s;e, and for that he cannot pray aid of the King, 8. <HI>H.</HI> 7. <HI>fol.</HI> 12. and 1. booke of A&s;&s;i&s;es 1. according|ly.</P>
<P>The Bailiff &s;hall have any Challenge to an array and to the heads, 9 <HI>H.</HI> 7. <HI>fol.</HI> 24. and Abridgment book of A&s;&s;i&s;es, <HI>fol.</HI> 48. the &s;ame.</P>
<P>The Bailiff may plead non-tenure or mi&s;-naming of the Plaintiff, but not of his Ma&s;ter and conclude, if, <HI>&amp;c.</HI> 22 <HI>H.</HI> 6. <HI>f.</HI> 44.9. <HI>H.</HI> 7. <HI>f.</HI> 24.26 <HI>A&s;.</HI> 61:</P>
<P>Bailiff may plead, that the Tenements are in another Town, for that is an abatement, 9. <HI>H.</HI> 7. <HI>fol.</HI> 24 Abridg|ment A&s;&s;i&s;e <HI>f.</HI> 47. and 6 <HI>H.</HI> 7. <HI>f.</HI> 15. accordingly; but 22 <HI>H.</HI> 6. <HI>fol.</HI> 50. &s;eems contrary, but a Bailiff cannot di&s;claim, but an Atturney may, 13 <HI>Ed.</HI> 3. <HI>Tit.</HI> 8.</P>
<P>Bailiff pleads out of his Fee, Judgment if without &s;peci|alty, <HI>&amp;c.</HI> and he cannot have that at this day, but in 2 <HI>Ed.</HI> 3. <HI>Tit.</HI> 10. he hath this Plea, for the Bailiff cannot have a|ny Pleas, but where he may conclude over, and if it be not found, no wrong no di&s;&s;ei&s;in, <HI>&amp;c.</HI> &s;ee the Abridgment book of A&s;&s;i&s;es <HI>fol.</HI> 47. and 2. A&s;&s;i&s;e 4.</P>
<P>Bailiff may plead ancient Deme&s;ne, and conclude if it be not found, <HI>&amp;c.</HI> and conclude to A&s;&s;i&s;e, otherwi&s;e Bailiff cannot plead ancient Deme&s;ne, for that, that it is triable
<PB N="123" REF="64">by the book of Doome&s;-day, and for that he cannot con|clude Judgment, if the Court will acknowledge, Abridg|ment booke of A&s;. <HI>f.</HI> 48. and 9. book A&s;. 2, &s;ee 6 <HI>H.</HI> 7. <HI>fol.</HI> 15.</P>
<P>Bailiffe may plead that the Plaintiffe is &s;ei&s;ed the day of the Writ purcha&s;ed, and every other exception tryable, by A&s;&s;i&s;e, 9 <HI>A&s;.</HI> 4.</P>
<P>Bailiffe cannot plead that the Writ is purcha&s;ed hang|ing another A&s;&s;i&s;e, nor not attached by fifteene dayes, for it is tryable by the Record, Abridgment of A&s;&s;i&s;e, <HI>fol.</HI> 48. 8 <HI>A&s;.</HI> 2. and 8 <HI>Ed.</HI> 3. <HI>A&s;.</HI> 40.</P>
<P>Bailiffe may plead that his Ma&s;ter is Par&s;on of D. not naming Par&s;on, and if it be not found, no wrong, <HI>&amp;c.</HI> 12. <HI>A&s;.</HI> 4.</P>
<P>Bailiffe may plead mi&s;naming and joynt-tenancy with|out Deed, 6 <HI>H.</HI> 4. <HI>fol.</HI> 15. and 8 <HI>H.</HI> 6. <HI>fol.</HI> 56.</P>
<P>Bailiffe cannot plead Excommunication or outlawry, in the Plaintiffe, for he cannot plead a Dilatory Plea, unle&s;&s;e it be tryable by the A&s;&s;i&s;e, and that he may con|clude, and if it be not found, no wrong, no di&s;&s;ei&s;in, 5 <HI>Ed.</HI> 4. <HI>fol</HI> 113.</P>
<P>Bailiffe may plead not attached, by fifteen dayes, A|bridgment of A&s;&s;i&s;e, <HI>fol.</HI> 47.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Pleas of the Di&s;&s;ei&s;or.</HEAD>
<P>THe Di&s;&s;ei&s;or may plead relea&s;e of actions per&s;onalls in barr, but not relea&s;e of actions realls, for none &s;hall plead that but the Tenant, <HI>Litt. fol.</HI> 115.</P>
<P>The Di&s;&s;ei&s;or may plead, that the Demandant hath en|tred, hanging the Writ, notwith&s;tanding that, he goes to the Tenancy; and the rea&s;on which is there made, is, for that that &s;uch Plea goes to excu&s;e him of damages: And note, that there it appeares al&s;o, that the Di&s;&s;ei&s;or &s;hall plead every barr, unle&s;&s;e &s;ach a Barr which goes to the Tenancy, or to extingui&s;h the right of the Plaintiffe in the Land, as if he pleads relea&s;e of all actions per&s;onals, or that the Plaintiffe hath entred, hanging the Writt, that he may plead, but he cannot plead relea&s;e of right made to the Tenant of the Land, nor other plea which goeth to the Land, but he &s;hall plead every plea to the
<PB N="124" REF="65">Writ which doth not extend to the tenancy, as if he had no Tenant named in the Writ, or no &s;uch in <HI>Rerum na|tura,</HI> and mi&s;naming of the Plaintiffe, or of him&s;elfe, 35 <HI>H.</HI> 6. <HI>fol.</HI> 13. Contrary, 37 <HI>H.</HI> 6.3. by <HI>Choke:</HI> There|fore inquire.</P>
<P>The Di&s;&s;ei&s;or &s;hall not plead any plea to the Tenancy, which the Tenant by his admittance hath made good, 26 Book of A&s;&s;i&s;es, 49.</P>
<P>Di&s;&s;ei&s;or cannot plead in abatement, that the Plaintiffe hath a Writ of an older date hanging again&s;t him, 45 <HI>Ed.</HI> 3. <HI>fol.</HI> 25. and 23. <HI>A&s;s.</HI> 14.</P>
<P>Di&s;&s;ei&s;or cannot plead ancient Deme&s;ne, without tak|ing the tenancy upon him, 21 <HI>A&s;s.</HI> 2.</P>
<P>Di&s;&s;ei&s;or cannot plead Record or E&s;toppell, for by the &s;ayling of the Record, he cannot loo&s;e the Land, 20 <HI>Ed.</HI> 3. <HI>Brook,</HI> A&s;&s;i&s;e, 403.</P>
<P>Di&s;&s;ei&s;or &s;hall plead mi&s;naming of the Plaintiffe, and al&s;o that the Plaintiffe is covert of Baron, and if he al|leadge outlawry in the Plaintiffe, he ought to have the Record in hand; and note, that the Di&s;&s;ei&s;or in proper per&s;on, or by Attourney, and not by Bailiffe, pleads that the Plaintiffe hath another A&s;&s;i&s;e hanging again&s;t him, as it appeares, 8 <HI>Ed.</HI> 3. <HI>A&s;s.</HI> 140. See 28 <HI>A&s;s.</HI> 38.24 <HI>A&s;s.</HI> 91. and this &s;eemes by the Statute of <HI>We&s;tm.</HI> 2. <HI>chap.</HI> 15.19 <HI>A&s;s.</HI> 10. and 20 <HI>Ed.</HI> 3. <HI>A&s;s.</HI> 20.</P>
<P>Di&s;&s;ei&s;or may plead entry of the Plaintiffe after the la&s;t continuance and joynt-tenancy, for he may plead all Pleas which excu&s;e him of damages, or which are in barr which doe not extinct the right of the Land, 35 <HI>H.</HI> 6. <HI>fol.</HI> 16.</P>
<P>Di&s;&s;ei&s;or may plead outlawry in the Plaintiffe, that is, where the Tenant hath not pleaded and admitted the Writ, 29 <HI>A&s;s.</HI> 61. and 20 <HI>Ed.</HI> 3. <HI>A&s;s.</HI> 20.</P>
<P>It is &s;ayd by <HI>Babington,</HI> That a Di&s;&s;ei&s;or can not plead any plea in barr, but no wrong, or that it ari&s;eth to &s;o much, 2 <HI>H.</HI> 6. <HI>fol.</HI> 1.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="125" REF="65">
<HEAD>Pleas by Tenant.</HEAD>
<DIV3 TYPE="section">
<HEAD>Where after a Bailiffe hath pleaded, or the Tenant him&s;elfe, and the A&s;&s;i&s;e upon that adjourned, or award, or hath imparled, the Tenant cannot plead new matter, unle&s;&s;e it be matter of a later time, or a matter following, or a matter upon which may have Certificate, or the generall I&s;&s;ue.</HEAD>
<P>THe Tenant pleads to A&s;&s;i&s;e by Bailiffe, and the A&s;|&s;i&s;e awarded, the Tenant can plead no plea in barr af|terwards, but &s;uch upon which he may have Certificate of As&s;i&s;e, 10 <HI>H.</HI> 7. <HI>fol.</HI> 12. 8 <HI>A&s;s.</HI> 17.</P>
<P>The Tenant pleads by a Bailiffe, and the A&s;&s;i&s;e re|maines for default of Jurors, and now the Tenant comes in proper per&s;on, and &s;aith, The Plaintiffe hath received the Tenements of him, hanging the Writ, and hath let to him for yeares, and hath, for that he cometh in of la|ter time, 10 <HI>A&s;s.</HI> 24.18 <HI>Ed.</HI> 3. <HI>fol.</HI> 33.</P>
<P>If a plea be pleaded, and the Ju&s;tices dye, all &s;hall be pleaded anew, but if they be at I&s;&s;ue, that &s;hall &s;tand, 5 <HI>H.</HI> 7. <HI>fol.</HI> 7. <HI>b.</HI> by <HI>Hu&s;&s;ey.</HI></P>
<P>After adjournment upon the Plea of the Bailiffe, the Tenant may plead matter which comes of later time, 18 <HI>Ed:</HI> 3. <HI>tit.</HI> 33.</P>
<P>The Tenant him&s;elfe after the A&s;&s;i&s;e awarded, may leave his barr, and plead the generall I&s;&s;ue, but he cannot plead a new barr after I&s;&s;ue, 34 <HI>H.</HI> 6. <HI>fol.</HI> 10. and 29. 40 <HI>Ed.</HI> 3. <HI>fol.</HI> 48. <HI>b.</HI></P>
<P>The Tenant pleads in Barre, and after the Jury hath the view, and he leaves his Barr, and pleads to the A&s;&s;i&s;e, 34. <HI>H.</HI> 6. <HI>fol.</HI> 29. <HI>&amp; abridg. A&s;&s;i&s;. fol.</HI> 138.</P>
<P>Where they are adjourned upon a point certaine, he cannot plead new plea afterwards, unle&s;&s;e pur&s;uing, as, if the Tenant him&s;elfe before adjournment, had pleaded &s;peciall Ba&s;tardy, he may plead afterwards generall Ba|&s;tardy, 42 <HI>Ed.</HI> 3. <HI>fol.</HI> 12.</P>
<P>After adjournment upon a Plea in barr certaine, he cannot plead new plea in barr, but onely the generall i&s;&s;ue, 8 <HI>A&s;.</HI> 10. and 10 <HI>Ed.</HI> 3. <HI>tit.</HI> 157. and 44 Book of A&s;s. 1.</P>
<P><PB N="126" REF="66">Where they are adjourned upon a Plea in abatement, and after the Writ is awarded good, he may afterwards plead in barr, 6 Book of A&s;s. 1.</P>
<P>Infant in A&s;&s;i&s;e pleads Ontlawry of Felony in Barr, and at another day was &s;uffered to plead Relea&s;e of the Plaintiffe in Barr, 14 <HI>A&s;s.</HI> 15.</P>
<P>A&s;&s;i&s;e, the Tenant pleads in Barr, and the Plaintiffe joynes I&s;&s;ue, and the Court doe not take the A&s;&s;i&s;e the &s;ame day, and the next day the Tenant cannot change his Plea, 11 <HI>H.</HI> 4. <HI>fol.</HI> 2. <HI>b.</HI></P>
<P>Where the Tenant pleads to the A&s;&s;i&s;e by a Bailiffe, if his Ma&s;ter have a Relea&s;e or a Writing, of which the Jury cannot have notice, then if the A&s;&s;i&s;e pa&s;&s;e again&s;t the Bailiffe, yet the Ma&s;ter &s;hall have Certificate upon this Writing; the &s;ame Law is, if the Verdict be not well ex|amined by the Ju&s;tices, and &s;ee more there, <HI>Fitzherbart, fol.</HI> 181. <HI>b.</HI></P>
<P>The Tenant pleads in Barr, a Deed of the Ance&s;ter of the Plaintiffe with warranty, and the Plaintiffe makes Title, and afterwards he cannot plead in abatement, that the Lands were in another Towne, for that, that the A&s;&s;i&s;e was awarded, 10 <HI>Edw.</HI> 3. <HI>tit.</HI> 157. and 1 <HI>A&s;s.</HI> 17.</P>
<P>The Tenant pleads in Barr, and the next day pleads by a Bailiff to the A&s;&s;i&s;e, and may, for that the A&s;&s;i&s;e was not awarded, Abridg. A&s;. <HI>f.</HI> 47.</P>
<P>Where the A&s;&s;i&s;e was awarded upon the Plea of the Bailiff, at another day after, the Tenant comes and pleads Relea&s;e, and hath it, for that he may have Certificate, A|bridgment A&s;. <HI>fol.</HI> 138.</P>
<P>The Tenant may relinqui&s;h his Barr, and plead the generall I&s;&s;ue, otherwi&s;e it is in Co&s;enage, Grand-Fa|ther and great Grand-Father, but he cannot plead a new Barr, 40 <HI>Ed.</HI> 3. <HI>fol.</HI> 49. A&s;&s;.</P>
<P>A&s;&s;i&s;e, the Tenant pleads in Barr the Deed of the Ance|&s;ter of the Plaintiff with warranty, and the Plaintiff makes Title, and after the Tenant waives the Barr, and pleads in abatement, that the Lands are in another Town, and cannot, 1 <HI>Book</HI> of A&s;&s;i&s;es 17.</P>
<P>A&s;&s;i&s;e, If a Plea be pleaded, and the Ju&s;tices dye, all &s;hall be pleaded a new, but if they are at I&s;&s;ue they &s;hall &s;tand, 4 <HI>H.</HI> 7. <HI>fol.</HI> 7.</P>
<P><PB N="127" REF="66"><HI>Where in <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> A&s;&s;i&s;e a man &s;hall have diver&s;e Pleas to the writ and conclude over, no wrong, no Di&s;&s;ei&s;in, and where not.</HI></P>
<P>NOte, that the party him&s;elf or his Bailiff may have di|ver&s;e Pleas, where one is not contrary to the other, concluding over, no wrong; as if he plead mi&s;-naming of the Plaintiff, if it be not found; no Tenant of the Free-hold named in the Writ, and if it be found, no &s;uch Town and &s;uch like; and notwith&s;tanding, and if it be not found, no wrong, for one is not contrary to the other, but if he will &s;ay, that the Tenements are in another Town, and if it be not found no Tenant of the Free-hold named in the Writ, and if it be not found no wrong, the&s;e Pleas he &s;hall not have, for he &s;hall not plead no Tenant of the Free|hold named in the Writ, <HI>&amp;c.</HI> And after &s;ay the Tene|ments are in another Town.</P>
<P>Note, though the book at large be, if it be found lea|ving out this word, <HI>(Ne)</HI> yet the book of Entryes is, (if it be not found) and &s;o it &s;eems in rea&s;on that it &s;hall be as above, if it be not found, <HI>&amp;c.</HI> 36 H. 6. <HI>fol.</HI> 1.</P>
<P>Where one pleads to a Writ and al&s;o in Barr, what Barr is that which doth not go to the point of A&s;&s;i&s;e? <HI>&s;cilicet,</HI> no wrong, but it is a Barr out of the point of A&s;|&s;i&s;e, in &s;uch a ca&s;e he &s;hall not have both the Pleas, for by &s;uch Barr the Plea to the Writ is waived, as in an A&s;&s;i&s;e of Rent, the Tenant pleads wrong naming of him&s;elf, and if it be not found, out of his Foe, he &s;hall not have the&s;e two Pleas, 3 <HI>Ed.</HI> 3.15. <HI>Tit.</HI> 172. <HI>Tit.</HI> 223.</P>
<P>It &s;eems if the Tenant plead in abatement of the Writ, he &s;hall not plead over to the A&s;&s;i&s;e, if his Plea to the Writ be not triable by the A&s;&s;i&s;e, 22 Book of A&s;&s;i&s;es 14.</P>
<P>In an A&s;&s;i&s;e of Rent, the Bailiff pleads mi&s;-naming of the Town, and if found not &s;o, &amp;c. That another is Te|nant of the Rent not named, for this is not contrary, and it &s;eems that in an A&s;&s;i&s;e of Rent, the Tenant of the Land may &s;ay that the Land whereout, &amp;c. is in another Town, and if found it be not, that he hath a taker of the Rent not named, contrary it is in an A&s;&s;i&s;e of Land, 15 <HI>Ed.</HI> 3. <HI>Tit.</HI> 55.</P>
<P><PB N="128" REF="67">In A&s;&s;i&s;e by a Ma&s;ter and his Brethren of the fraternity of nine orders, of Angells in he County <HI>Middle&s;ex,</HI> De|fendant plead no &s;uch corporation by this name in this County, and if it be not found, not wrong, he &s;hall not have them both, for the fir&s;t Plea is in Barr, and &s;hall not have Barr and generall I&s;&s;ue, 22 <HI>Ed.</HI> 4 <HI>fol.</HI> 34.</P>
<P>A&s;&s;i&s;e of Lands in <HI>Woxbridge,</HI> the Tenant pleads that they are in <HI>Collam</HI> and not in <HI>Woxbridge,</HI> and if it be not found, no wrong, and he hath, 11 <HI>H.</HI> 4. <HI>fol.</HI> 2. <HI>b.</HI></P>
<P>It is &s;aid that in an A&s;&s;i&s;e the Tenant or his Bailiff may plead tewnty &s;everall matters in abatement or to an A&s;&s;i&s;e, and conclude if it be not found, <HI>&amp;c.</HI> and is good, 1 <HI>Ed.</HI> 4. <HI>fol.</HI> 4. and 8 <HI>H.</HI> 6. <HI>fol.</HI> 9.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where the A&s;&s;i&s;e &s;hall be awarded at large, that is to &s;ay, in point of A&s;&s;i&s;e, that is to &s;ay, to inquire of Sei&s;in and Di&s;|&s;ei&s;in, and where in Right of Dammages, and where not.</HEAD>
<P>AS&s;i&s;e, the Tenant pleads in abatement, that the Plaintiff hath received the Land of him hanging the A&s;&s;i&s;e, and that he hath let to him for yeares again, and the Plaintiff &s;aith that he hath continued his E&s;tate which he had by Di&s;&s;ei&s;in, without that, that any E&s;tate, pre&s;ent of him he take, and the A&s;&s;i&s;e was charged upon the point, and over upon the Sei&s;in and Di&s;&s;ei&s;in, 10 book of A&s;&s;i&s;es 24.</P>
<P>If the Tenant plead in Barr and the Plaintiff makes ti|tle, and the Tenant doth not traver&s;e that, the A&s;&s;i&s;e &s;hall be awarded at large, 45 <HI>Ed.</HI> 3. <HI>fol.</HI> 24.</P>
<P>Where there is a good Barr pleaded, and an outing is confe&s;&s;ed and the Barr is traver&s;ed, or if the Plaintiff make Title, and that is found for the Plaintiff, or if there be an ill Barr pleaded, that the Plaintiff need not an&s;wer, but &s;ay come the A&s;&s;i&s;e upon the Title, and it is found for the Plaintif, in all the&s;e ca&s;es the Plaintif &s;hall have judg|ment without inquiring of Sei&s;in and Di&s;&s;ei&s;in, 6 <HI>H.</HI> 7. <HI>fol.</HI> 2.</P>
<P>Where the Plaintiff makes Title at large without an|&s;wering to the Barr, and the Tenant do not traver&s;e this Title, he &s;hall not an&s;wer to that, as that confe&s;&s;ed and a|voided, or without &s;aying, let the A&s;&s;i&s;e come upon the
<PB N="129" REF="67">Title, but let the A&s;&s;i&s;e run without any thing &s;aying to the Title, there the A&s;&s;i&s;e &s;hall be taken at large and not upon the Title, as in the A&s;&s;i&s;e the Plaintif makes Title at large, and in the end &s;aith (and this he is ready to aver by A&s;&s;i&s;e, and the fore&s;aid tenant likewi&s;e) the A&s;&s;i&s;e &s;hall be taken at large, the rea&s;on as above, &s;o it &s;hall be done as it &s;eems, where the Title is no Title at large, but &s;uch which confe&s;&s;eth the Barr and avoides it, and &s;o it is held by <HI>Sharde,</HI> 28 <HI>A&s;&s;i&s;e</HI> 24.</P>
<P>Contrary Law is, if the Plaintif in his Title traver&s;e the Barr, and the Tenant let<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the A&s;&s;i&s;e <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">un, there the A&s;&s;i&s;e &s;hall be taken to inquire of the thing traver&s;ed, and al&s;o his Title, as it appeareth, 26 <HI>Ed.</HI> 3. <HI>fol.</HI> 61.</P>
<P>And the rea&s;on of this &s;eems to be, for that, that in A&s;|&s;i&s;e the Plaintif &s;hall not be received to traver&s;e the Barr without making Title, and &s;o the Title there materiall, and &s;o note that the A&s;&s;i&s;e &s;hall not be awarded at large, but in &s;uch a ca&s;e where the Title is not materiall, 45 <HI>Ed.</HI> 3. <HI>fol.</HI> 24.</P>
<P>When the A&s;&s;i&s;e is taken at large, if they finde another Title, the Plaintif &s;hall recover, and the A&s;&s;i&s;e if they will may inquire only of Sei&s;in and Di&s;&s;ei&s;in, without being charged or compelled to finde any Title, as in A&s;&s;i&s;e no|thing is pleaded but no wrong, here the A&s;&s;i&s;e may finde Title if they will, or otherwi&s;e &s;ay nothing but of Sei&s;in and Di&s;&s;ei&s;in, and al&s;o note that in the&s;e ca&s;es before; the A&s;&s;i&s;e is awarded at large, without inquiring of the Barr.</P>
<P>And the rea&s;on is that that which is the Barr is wai|ved; the &s;ame Law is where the Barr is not good, and the Plaintif makes Title, accepting the Barr, 28. A&s;&s;i&s;e 17.</P>
<P>If the Barr be ill pleaded, and the Title good, the A&s;|&s;i&s;e &s;hall be awarded in point of A&s;&s;i&s;e, and not upon the Title, for if it be pleaded ill on the part of the Defendant, the A&s;&s;i&s;e &s;hall be awarded in point of A&s;&s;i&s;e, that is to &s;ay, of Sei&s;in and Diffei&s;in, 35 <HI>H.</HI> 6. <HI>fol.</HI> 54. By <HI>Forte&s;cue,</HI> and 33 <HI>H.</HI> 6. <HI>fol.</HI> 40. by <HI>Littleton.</HI></P>
<P>The tenant pleads for rain Relea&s;e, and it is found again&s;t him, notwith&s;tanding the Deed of the Plaintif, now the A&s;&s;i&s;e &s;hall be awarded in right of the Dammages, for an outing is confe&s;&s;ed implicatively, by pleading a Relea&s;e,
<PB N="130" REF="68">23 A&s;&s;. 11.8. A&s;&s;. 15. but 30. <HI>Ed.</HI> 3. <HI>Fitzh.</HI> A&s;&s;. 100. The A&s;&s;i&s;e &s;hall be taken at large.</P>
<P>The Tenant pleads Deed of the Ance&s;tor of the Plain|tif in Barr, and found fal&s;e, by which it was inquired only of Dammages, 17 book of A&s;&s;i&s;es 13.</P>
<P>The Tenant pleads forrain Relea&s;e in Barr, upon which they were adjourned, and the Defendant makes default, by which the A&s;&s;i&s;e was awarded at large, &s;ee 26 book of A&s;&s;i&s;es 30. 30 <HI>Ed.</HI> 3. <HI>Tit.</HI> 100. and 17 book of A&s;&s;i&s;es 31. Notwith&s;tanding it &s;eemeth where an outing is confe&s;&s;ed, directly or impliedly; and found for the Plaintif, the A&s;|&s;i&s;e &s;hall be awarded to inquire of Dammages, and not up|on the Sei&s;in or Di&s;&s;ei&s;in only.</P>
<P>If the Tenant plead a dying &s;ei&s;ed, and doth not ac|knowledg an outing Sei&s;in and Di&s;&s;ei&s;in, &s;hall be inquired, 8 <HI>H.</HI> 4.51.</P>
<P>When an Infant brings an A&s;&s;i&s;e and the Tenant pleads a Deed of his Ance&s;tor, then the As&s;i&s;e &s;hall be awarded to inquire at large, <HI>Natura brevium, fol.</HI> 169.</P>
<P>In point of As&s;i&s;e it is, when the Tenant pleads no wrong no Di&s;iei&s;in, and out of the point, is properly when the Tenant pleads forrain Relea&s;e, or for rain matter tria|ble in another County, and in right of Dammages is when the Tenant acknowledgeth over, and pleads matter which is found again&s;t him, or acknowledgeth over, or de|murrs in Law and that is adjudged again&s;t him, now the As&s;i&s;e &s;hall be taken in right of Dammages, 15 A&s;&s;. 3.18. A&s;&s;. 8.23. A&s;&s; 36.26. A&s;&s;. 41.28. A&s;&s;. 15.28 A&s;&s;. 14.17. <HI>b.</HI></P>
<P>If the Tenant plead Relea&s;e, and the As&s;i&s;e found for the Plaintif, the As&s;i&s;e &s;hall be awarded in right of Dam|mages; the &s;ame Law is, if the Tenant plead Record and faile of that, the As&s;i&s;e &s;hall be awarded in right of Dam|mages, 8. <HI>Book of A&s;&s;i&s;es</HI> 10.</P>
<P>The Tenant pleads forrain Relea&s;e, by which they were adjourned in Bench, and found not his Deed, and the Plaintif relea&s;e his Dammages, and hath Judgment forth|with, 6. book of As&s;i&s;es 4.</P>
<P>The Tenant pleads forrain Relea&s;e in which are wit|ne&s;&s;es, and Proce&s;&s;e was awarded again&s;t the witne&s;&s;es which make default, and the As&s;i&s;e was awarded in point of As&s;i&s;e, 18 book of As&s;i&s;es 8.</P>
<P><PB N="131" REF="68">Where the Tenant pleads a Record, and failes of that by the Statute of As&s;i&s;e &s;hall be awarded in right of dam|mages, 27. A&s;&s;. 1.17 A&s;&s;. 2.13. A&s;&s;. 15. and 16. and 23. A&s;&s;. 3.</P>
<P>Note, that in A&s;&s;i&s;e, where the Plaintiff makes Title at large without an&s;wering to the Barr, and the Tenant do not traver&s;e the Title, nor an&s;wer to it as to confe&s;s and avoid, in &s;aying comes the As&s;i&s;e upon the Title, and lets the As&s;i&s;e run without &s;aying any thing to the Title, there the As&s;i&s;e is taken at large, and not upon the Title, as in A&s;&s;i&s;e the Plaintif makes Title at large, and in the end &s;aith, he is ready to affirm this by As&s;i&s;e, and the afore|&s;aid Tenant likewi&s;e, 28 A&s;&s;. 24.</P>
<P>If the Tenant acknow ledge an outing in his Plea, the As&s;i&s;e &s;hall be awarded in right of dammages, 1 <HI>H.</HI> 6. <HI>fol.</HI> 5.</P>
<P>6 <HI>E.</HI> 6. <HI>fol.</HI> 418. As&s;i&s;e again&s;t two, if one take the En|tire tenancy, and plead in Barr, and the other make al&s;o Plaintif choo&s;e his Tenant, the &s;ame Law, if one plead no wrong and the other plead a Barr, without that, that the other hath nothing, and every one take the Entire Te|nancy.</P>
<P><HI>In A&s;&s;i&s;e again&s;t many, where the Plaintiff ought to choo&s;e his Tenant at his perill, and where not.</HI></P>
<P>ASSi&s;e again&s;t two, if every one of the&s;e take the whole Tenancy and &s;everally plead in Barr to the whole Tenancy, the Plaintif ought to choo&s;e his Tenant at his perill, but if one plead in Barr; and the other knowledg|eth the action, or &s;aith nothing, it is otherwi&s;e, 33 <HI>H.</HI> 6. <HI>f.</HI> 36. and 37.</P>
<P>As&s;i&s;e again&s;t two, it &s;eems if one plead in abatement and the other in Barr, if the Plaintif mi&s;choo&s;e his Tenant, it is not materiall, but he &s;hall an&s;wer to the Plea in abate|ment, but diver&s;e &s;eem the contrary, and it &s;eems if both plead in abatement, he ought to choo&s;e his Tenant at his perill, &s;ee 8. book of As&s;i&s;es 1. and 44 <HI>Ed.</HI> 3. <HI>fol.</HI> 23.</P>
<P>As&s;i&s;e again&s;t two, each takes upon him the whole te|nancy, and pleads in Barr, the Plaintif mi&s;choo&s;e his te|nant and was barred by opinion, 20 booke of As&s;i&s;es 4.</P>
<P><PB N="132" REF="69">As&s;i&s;e again&s;t two, one takes the tenancy and pleads no wrong, and the other takes the tenancy, without that, that the other hath any thing and pleads in Barr, there the Plaintif &s;hall be con&s;trained to choo&s;e his tenant at his perill, as well as if both had pleaded in Barr, and had accepted the tenancy &s;everally, and if it be found that he mi&s;choo&s;e his Tenant, the Writ &s;hall abate, but he &s;hall not be barred, 9 <HI>Ed.</HI> 3. <HI>Tit.</HI> 384.</P>
<P>The Plaintiff was admitted to choo&s;e his Tenant after adjournment, 23 A&s;&s;. 16.</P>
<P>A&s;&s;i&s;e again&s;t two, each takes his tenancy and pleads, it &s;eems here, that the Plaintiff at his own perill &s;hall choo&s;e his tenant, and that &s;hall be fir&s;t inquired, and by &s;ome, if he mi&s;choo&s;e his Tenant the Writ &s;hall abate, 8 A&s;&s;. 1.</P>
<P>As&s;i&s;e again&s;t two, one pleads that he is a Villaine of <HI>J. S.</HI> and the other by Bailiff plead to the As&s;i&s;e, and the Plaintif cho&s;e him which pleads by Bailif to the As&s;i&s;e for his Tenant, and pray the As&s;i&s;e, and he comes and pleads in Barr and was &s;uffered the &s;ame day, 22 book As&s;i&s;es 7.</P>
<P>As&s;i&s;e again&s;t an Infant and two others; where each one &s;everally takes the whole tenancy upon him, and pleads in Barr, the Plaintif &s;hall choo&s;e his Tenant at his perill, and he choo&s;eth the Infant for the Tenant, and the Tenant, and they found the Infant Tenant, and the two others Di&s;&s;ei&s;ors al&s;o, and the Plaintif recovers, but it &s;eems there if he mi&s;choo&s;e his Tenant, the Writ &s;hall abate, and for that, that the Diffei&s;in was made to the u&s;e of the Infant, which did not enter and is Tenant only by agreement, for that it &s;eems it is here an Errour to ad|judge the Infant Tenant which had nothing but by agree|ment to the Di&s;&s;ei&s;in, 3 <HI>H.</HI> 4. <HI>fol.</HI> 16.</P>
<P>If the Plaintif choo&s;e one to be his Tenant of all, which is not tenant, the Writ &s;hall abate, Abridgment of the A&s;|&s;i&s;es, <HI>fol.</HI> 41. <HI>B.</HI></P>
<P>By <HI>Forte&s;cue</HI> in As&s;i&s;e again&s;t two, one takes the tenancy &s;everally and pleads in Barr, the Plaintif &s;hall not an|&s;wer to their Pleas in Barr, nor to none of them, but fir&s;t &s;hall choo&s;e his Tenant, then after may the Plaintif an|&s;wer to his Barr &s;ufficiently in time, and if he ill choo&s;e his Tenant, the Writ &s;hall abate, Abridgment of the book of As&s;i&s;es <HI>fol.</HI> 116. <HI>a.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="133" REF="69">
<HEAD>Returne of A&s;&s;i&s;e again&s;t J. S.</HEAD>
<P>Pledges to pro&s;ecute
<LIST>
<ITEM><HI>Adam Clarke.</HI></ITEM>
<ITEM><HI>David Parke.</HI></ITEM>
</LIST></P>
<P>THe within named J. S. is attached by one Oxe, of price twenty &s;hillings.</P>
<P>The Re&s;t of the execution of this complaint (and be|fore the Ju&s;tices of A&s;&s;i&s;e) and of this Writ, doth appear in <GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">ertaine Scedule annexed to this Writ. J. D. E&s;quire, Sheriffe.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Pannell.</HEAD>
<P>THe recognition of an A&s;&s;i&s;e of novell Di&s;&s;ei&s;in, be|twixt J. D. Plaintiffe, and J. S. Deforceant, of a Freehold in D. and then the names of the Recognitors follow; and afterward,</P>
<P>The &s;um of the Jurors afore|&s;aid, and every of them,
<LIST>
<ITEM><HI>John Hart.</HI></ITEM>
<ITEM><HI>Richard Smart.</HI></ITEM>
</LIST></P>
<P>Manucaptors, &s;ummoners of the afore&s;aid Jurors, and every of them,
<LIST>
<ITEM><HI>John Doo.</HI></ITEM>
<ITEM><HI>Chri&s;topher Croo.</HI></ITEM>
<ITEM><HI>John Den.</HI></ITEM>
<ITEM><HI>Richard Fen.</HI></ITEM>
</LIST></P>
<P>This by <HI>Plowden, Com. fol.</HI> 37. <HI>A&s;s.</HI> 12.</P>
<P><HI>What is a good Title in A&s;&s;i&s;e for the Plain|tiffe, and what not.</HI></P>
<P>TEnant plead in Barr, it is no title for the Plaintif to &s;ay, that he was &s;ei&s;ed tell by the Tenant di&s;&s;ei&s;ed and traver&s;e the Barr, without conveying unto him po&s;&s;e&s;ion by title before his po&s;&s;e&s;ion as by feoffment or otherwi&s;e, 27 <HI>H.</HI> 6. <HI>fol.</HI> 2.</P>
<P>Tenant pleads a feoffment made by <HI>J. S.</HI> to him and gives colour, Plaintif &s;aith, that <HI>J. D.</HI> levied a fine upon relea&s;e to him, and it is not good, but to &s;ay that he was
<PB N="134" REF="70">&s;ei&s;ed, and levied a fine, otherwi&s;e the title is good, &s;o if he be intitled by feoffment, or recover of a &s;tranger, he &s;hall &s;ay for title that the &s;tranger was &s;ei&s;ed, and infeoffed him, 10 <HI>H.</HI> 6. <HI>fol.</HI> 22.</P>
<P>Where the Barr is materiall, as diffent, feoffment of Ance&s;tor the Plaintif with Warranty, Recovery, Fine, &amp;c. Plaintif &s;hall not make title at large, but ought in his title an&s;wer the Barr, as confe&s;&s;e and avoid or traver&s;e it, but where it is a Barr at large, he may make title at large, without an&s;wering the Barr, 34 <HI>H.</HI> 6. <HI>fol.</HI> 46. 35 <HI>H.</HI> 6.67. and the book of Entries 120. 5 <HI>H.</HI> 7. <HI>fol.</HI> 29.</P>
<P>Where the Barr is not &s;ufficient, the Plaintif may de|mur and need not to make title, and where the tenant in his Barr gives &s;ufficient title to the Plaintif, Plaintif need not make title, as if the tenant &s;aith that his Father had him elde&s;t and the Plaintif younge&s;t, Plaintif may &s;ay that the tenant is a Ba&s;tard without making title, and is good, 20 <HI>H.</HI> 6. <HI>f.</HI> 38. and 39.</P>
<P>Where the Plaintif makes title at large, the tenant may &s;ay, come the As&s;i&s;e upon the title, and is good, 15 <HI>H.</HI> 7. <HI>f.</HI> 13.</P>
<P>The tenant pleads that he recovered again&s;t <HI>J. S.</HI> and the E&s;tate of the Plaintif mean by abatement upon <HI>J. S.</HI> hanging the Writ, Plaintif &s;aith, that long time before the Writ that he him&s;elf was &s;ei&s;ed, and good, without &s;hewing how he came to it, for the Defendant hath given to him po&s;&s;es&s;ion, &s;eek 9 book of A&s;&s;. 10.</P>
<P>The tenant pleads feoffment of the Grand-Father of the Plaintif with Warranty, Plaintif &s;aith that his Grand-Father was &s;ei&s;ed, and he as Co&s;en and Heire to him en|tered, and is good without &s;hewing how his Grand-Fa|ther came to it, &s;ee, 10 A&s;&s;. 23. 9 A&s;&s;. 11.</P>
<P>The tenant pleads one Barr, the Plaintif intitles him|&s;elf by relea&s;e with collaterall Warranty, and it is good, 17 As&s;i&s;e 18.</P>
<P>38 <HI>H.</HI> 8. <HI>Tit.</HI> 3.26. <HI>Br. Tit.</HI> Traver&s;e, <HI>P.</HI> 26. if the te|nant plead that his Father was &s;ei&s;ed in Fee, and by pro|te&s;tation died &s;ei&s;ed, it is &s;aid that the Plaintif may make title by a Stranger, without that, that the Father of the tenant was &s;ei&s;ed in Fee.</P>
<P>5 <HI>H.</HI> 7. <HI>fol.</HI> 29. Where the Barr is materiall, the Plain|tif
<PB N="135" REF="70">&s;hall not make his title at large without an&s;wering to the Barr, but in As&s;i&s;e, 34. <HI>H.</HI> 6. <HI>fol.</HI> 24.</P>
<P>11 <HI>H.</HI> 7. <HI>fo.</HI> 28. If the Barr be ill, the Plaintif may pray the As&s;i&s;e without title.</P>
<P>6 A&s;&s;. Tenant pleads Fine of an Ance&s;tor of the Plain|tif, to which the Plaintif &s;aith, the &s;ame Ance&s;tor had but for life, the rever&s;ion in him, and that he entred by for|feiture, and good, without &s;hewing how he hath the rever|&s;ion.</P>
<P><HI>Nat. Bre.</HI> 109. If the tenant pleads Plea in Barr, and the Plaintif makes him title and traver&s;eth the Barr, al|though the title of the Plaintif be fal&s;e yet the tenant &s;hall not have advantage, to take the As&s;i&s;e upon the title, but he &s;hall be driven to maintain his Barr, otherwi&s;e it is where the Plaintif makes him title and doth not an&s;wer the Barr.</P>
<P>Abridgment of book of A&s;&s;. <HI>fol.</HI> 81. VVhere the title is found for the Plaintiffe, and there is no Di&s;&s;ei&s;&s;or, the VVrit &s;hall abate.</P>
<P>The tenant &s;aith that <HI>J. S.</HI> held the Land of him and died without Heire, by which he entred, as in his E&s;cheate and gives colour, &amp;c. the Plaintif faith, one H. enfeoffed him, and it is no title, for he ought to an&s;wer to the Barr as well as where the tenant makes title by di&s;cent, 27 As&s;i&s;e 71.</P>
<P>As&s;i&s;e of Rent, it is no title to &s;hew that <HI>J. S.</HI> granted to him the Rent by Deed or by Fine, but he ought to &s;hew how the Rent began, that is to &s;ay, If it be a Rent charge, or a Rent &s;ervice, or a Rent Seck, 31 A&s;&s;. 16.</P>
<P>As&s;i&s;e, the tenant pleads in Barr feoffment of the Father of the Plaintif with warranty, and the Plaintif &s;aith, that his Ance&s;tor died &s;eifed, and this di&s;cended to him, and allow|ed by <HI>Scroope</HI> without &s;hewing how he came to that after|wards, 10 book A&s;&s;. 23.</P>
<P>VVhere the tenant praies the As&s;i&s;e upon the title, and upon that the As&s;i&s;e is awarded, the As&s;i&s;e cannot finde o|ther title for the Plaintiff, but he may finde matter, which may &s;tand with the &s;ame title to inforce it, but if the title be traver&s;ed, he cannot finde another title, but only the point put in the As&s;i&s;e, 28 book of A&s;&s;i&s;es 17.</P>
<P>An Act of Parliament, Fine or Recovery are of &s;uch a force, that if one be bound by them, the Plaintif cannot
<PB N="136" REF="71">make title to this Land, unle&s;&s;e by rea&s;on of a title to him grown of later times. As if one recovers again&s;t me or my Ance&s;tor, and hath execution, and after Lenten, and dye &s;ei&s;ed, my Heire &s;hall not make him title by his di&s;|cent, again&s;t the Recovery, without &s;hewing he hath ti|tle after the recovery, the &s;ame Law of a Fine, &s;ee 10 <HI>H.</HI> 7. <HI>fol.</HI> 5.32. H. 6.5. and 33 book of As&s;i&s;es <HI>fol.</HI> 19.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Pleas in Barr and in Abatement.</HEAD>
<P>IT &s;eems a feoffment of the Plaintif is no Plea in Barr, for that amounts to no wrong, nor De&s;&s;ei&s;in 2 H. 4. <HI>fol.</HI> 20. the &s;ame 15 <HI>Ed.</HI> 4. <HI>fol.</HI> 11.</P>
<P>18 <HI>Ed.</HI> 4. <HI>fol.</HI> 11. A Lea&s;e for yeares or for life, the re|ver&s;ion to the Plaintif or a feoffment of the Plaintif with warranty, and rely upon the warranty, is a good Bar<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">.</P>
<P>Abridgment of A&s;&s;. <HI>fol.</HI> 31. The tenant may plead, that partition was made between the Plaintif and <HI>J. S.</HI> who&s;e E&s;tate he hath, and it is a good Barr.</P>
<P>30 H. 6. <HI>fol.</HI> 1. As&s;i&s;e, the tenant &s;aith that the Lands put in view, and in plaint are in another Town, and if it be found, no tenant of the Free-hold named in the VVrit, <HI>&amp;c.</HI> By the Court he &s;hall not have the &s;econd Plea, for none may &s;ay that the Land is in another town but the te|nant, and &s;o hath accepted the tenancy by his Plea.</P>
<P>30 H. 6. <HI>fol.</HI> 7. As&s;i&s;e, the tenant &s;aith that <HI>T. B.</HI> was &s;ei&s;ed and di&s;&s;ei&s;ed by <HI>W. W.</HI> to whom <HI>T. B.</HI> made relea&s;e, and again&s;t his own Deed di&s;&s;ei&s;ed <HI>W.W.</HI> and infeoffed five per&s;ons, which infeoffed the Plaintif, upon which <HI>W. W.</HI> re-entred, who&s;e E&s;tate the tenant &s;ei&s;ed hath, it is good, &s;ee Pleas in Barr <HI>Tit.</HI> Abridg. A&s;&s;. <HI>fol.</HI> 30.</P>
<P>Abridgement A&s;&s;i&s;e, <HI>fol.</HI> 41. If the Plaintiffe choo&s;e one to be his tenant of all, where he is not, the Writ &s;hall abate.</P>
<P>Abridgement of A&s;&s;i&s;e, <HI>fol.</HI> 42. A man cannot plead in A&s;&s;i&s;e that there is another hanging, to which he hath ap|peared, unle&s;s that he take the tenancy upon him, and for that it is no Plea for the Di&s;&s;ei&s;or.</P>
<P>Bridgement <HI>A&s;s.</HI> 44. Death of one of the tenants &s;hall not abate the A&s;&s;i&s;e, but for the portion, if he be a Di&s;&s;e<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">|&s;or, and tenant of another parcell, 27 <HI>A&s;s.</HI> 45.40 <HI>A&s;s.</HI> 15.</P>
<P><PB N="137" REF="71">Abridgement <HI>A&s;s. fol.</HI> 43. As&s;i&s;e of tenements in D. and S. the tenant &s;ayes that all is in S. if that be &s;o, the Writ &s;hall abate, for he cannot abridge a whole Towne, but &s;ee now by the Statute of 21 <HI>H.</HI> 8. <HI>chap.</HI> 3. where he may abridge.</P>
<P>Abridgement of <HI>A&s;s. fol.</HI> 45. As&s;i&s;e of Lands in D. is no Plea if there be two Dales, for that the Plaintiff &s;hall recover, by the view of the Jury, 29 <HI>A&s;s.</HI> 59.</P>
<P>Abridgement of <HI>A&s;s.</HI> 106. As&s;i&s;e, tenant pleads in Barr, and after the Jury hath the view, he leaves his Barr, and pleads to the As&s;i&s;e.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Plaint in A&s;&s;i&s;e.</HEAD>
<P>PLaint of profits of an Office, though it hath no form it &s;hall not abate, as fir&s;t it ought to &s;uppo&s;e di&s;&s;ei&s;in, and after &s;hall make title, and though it were not &s;o, it &s;hall not abate, 12 <HI>H.</HI> 6. <HI>fol.</HI> 22.</P>
<P>Plaint of a Croft is good, but Precipe of a Croft is not good, Abridgment of As&s;i&s;e, <HI>fol</HI> 130. <HI>b.</HI> and 8 <HI>Hen.</HI> 6. <HI>fol.</HI> 3.</P>
<P>Time of <HI>Ed.</HI> 6. <HI>Brook, tit. Fal&s;e Latine and forme,</HI> 66. Wood was put before Pa&s;ture in a Plaint of As&s;i&s;e, and exception thereof taken, yet good, though it were con|trary to the Regi&s;ter, by the Commentaries, <HI>fol.</HI> 169.</P>
<P>Plaint of a Croft, and was amended, 14 <HI>A&s;s.</HI> 13. and 25 <HI>Ed.</HI> 3. <HI>tit.</HI> 25. the &s;ame, <HI>Brook, demand.</HI> 17.34.</P>
<P>Plaint of a peice of Land, containing in length twenty feet, and in breadth ten, and is good, 14 <HI>A&s;s.</HI> 13. and 9 H. 4. <HI>fol.</HI> 3. the &s;ame.</P>
<P>Plaint by the Governour of an Ho&s;pitall; it &s;hall be of a Hou&s;e and not of an Ho&s;pitall, 8 <HI>A&s;s.</HI> 29 and A&s;|&s;i&s;e 137.</P>
<P>Plaint of two parts of Salt Coot, is good, ninth Book <HI>A&s;s.</HI> 12.</P>
<P>Plaint of a Garment, or thirty &s;hillings, though it be uncertaine, for that it is according to the Deed, it is good, 11 Book of <HI>A&s;s.</HI> 8.</P>
<P>Plaint in A&s;&s;i&s;e of a Garden lyeth, but not a <HI>Precipe,</HI> 22 <HI>Ed.</HI> 3. <HI>tit.</HI> 22. 5 <HI>Ed.</HI> 2. <HI>Brook demand.</HI> 39. and <HI>Fitzh. breife</HI> 797.</P>
<P><PB N="138" REF="72">Plaint was of a Mill and doth not &s;ay a water-Mill, nor VVinde-Mill, yet good, 21 As&s;i&s;e 23.</P>
<P>Plaint of a Garment and the &s;pecialty is of a Gar|ment with furr, and the plaint good, for the Garment con|teines all, 22 A&s;&s;. 10.</P>
<DIV3 TYPE="section">
<HEAD>Where the Plaintiff may abridge in A&s;&s;i&s;e, and in what other Actions he may abridge, and how.</HEAD>
<P>IN a VVrit of ward, the VVrit is (of the cu&s;tody of the Land and Heire) and is not certain, and for that he may abridge as he may in a&s;&s;i&s;e and VVrit of Dower, 39 <HI>Ed.</HI> 3. <HI>Tit. Breif</HI> 10. and 32.</P>
<P>In tre&s;pa&s;&s;e, the VVrit is (of Goods and Chattells) and hee counts of Corne, and ten pounds, and for that, that Money is not (Goods and Chattells) he abridged it, &s;ee, 8. <HI>Tit.</HI> abridgment 11. which &s;aith, that he ought to expre&s;&s;e the Money in the VVrit, and for that he did not, he abridged, 39 <HI>Ed.</HI> 3. <HI>Tit. Breife</HI> 11.</P>
<P>In all ca&s;es where the VVrit is (of a Free-hold) and uncertain he may abridge by <HI>June,</HI> as in as&s;i&s;e of Dower, and a VVrit of ward, 14 <HI>H.</HI> 6. <HI>fol.</HI> 4.</P>
<P>In ward for that the Demand is not certain, but of the (cu&s;tody of the Land and Heire) therefore the Plaintif counts of the Mannour of <HI>D.</HI> and twenty acres, and the Defendant &s;aith that the twenty acres are parcell of the Mannor, the Plaintif may abridge the twenty acres, 39 <HI>E.</HI> 3: <HI>f.</HI> 10. <HI>Brooks</HI> abridgment 10.</P>
<P>As&s;i&s;e of Land in great <HI>Dunmowe</HI> and little <HI>D.</HI> you can|not abridge all in one Town, 8. <HI>H.</HI> 6. <HI>fol.</HI> 56.</P>
<P>As&s;i&s;e, and in Dower he may abridge, but he cannot a|bridge a whole Town, 14 H. 6. <HI>fol.</HI> 4.</P>
<P>As&s;i&s;e where a plaint is of a Mannor, he cannot abridge, for that it is entire, 19 H. 6. <HI>fol.</HI> 13.33 H. 6. <HI>Tit.</HI> abridg|ment 2.</P>
<P>As&s;i&s;e, plaint of Rent and Land, after that the Tenant hath pleaded in Barr, the Plaintif &s;hall abridge in right of the Land, 14 A&s;&s;. 9.</P>
<P>Plaint abridge in attaint, <NOTE PLACE="marg"><HI>Ra&s;t. A&s;&s;i.</HI> 17.</NOTE> 35 H. 6. <HI>fol.</HI> 13.</P>
<P>As&s;i&s;e of Common in forty acres, the Plaintif cannot a|bridge, for that that the Common is Intire, but at this day it is contrary by the Statute of, 31 H. 8. chap. 3.29. A&s;&s;. 10.</P>
<P><PB N="139" REF="72">Plaintiff in every A&s;&s;i&s;e at his plea&s;ure may abridge, and for that al&s;o by the Statute may abridge where the plaint is of a Mannor, 21 <HI>H.</HI> 8. <HI>chap.</HI> 3.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>After Verdict he cannot abridge.</HEAD>
<P>IT is &s;aid, that after Verdict, the Plaintiff cannot abridge his Plaint, 28 <HI>A&s;.</HI> 38.</P>
<P>Dower demanded may abridge after view, <HI>Edw.</HI> 3. <HI>fol.</HI> 3.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A&s;&s;i&s;e, they were adjourned upon Title.</HEAD>
<P>AS&s;i&s;e, they were adjourned upon Title, and for that, that they cannot agree at the day of the Adjourn|ment, after the argument, Plaintiff abridge and might, 10 <HI>H.</HI> 6. <HI>fol.</HI> 22.</P>
<P>After the Jury in A&s;&s;i&s;e were together in the hou&s;e be|fore their Verdict came, the Plaintiff, and abridged, and was &s;uffered, 33 <HI>H.</HI> 7. <HI>Tit.</HI> 6. <HI>B.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Attornement.</HEAD>
<P>WHen any Mannour de&s;cends to the Lord, upon every de&s;cent to the Lord, it belongeth to the Steward at the fir&s;t Court to make all the Tenants to make Fealty; and al&s;o upon every purcha&s;e of Mannour to enter the Fealty of every Tenant which holds of that, and al&s;o to enter their Attornement and Sei&s;in of Servi|ces, to the end that the Lord may by this means di&s;train for his Services, and the Tenants may hereafter be better known to him, and by 28 <HI>H.</HI> 8. <HI>Tit.</HI> 40. Attornement may be made by Tenants to the Lord in his Court, to the Ste|ward or Purcha&s;or, and not to his Servant in ab&s;ence of the Lord.</P>
<DIV3 TYPE="section">
<HEAD>For that &s;omething &s;hall be &s;aid of Fealty, and where there ought to be Attornement, and where not.</HEAD>
<P>IT is &s;aid, that the Tenant that hath made Homage to the Father, &s;hall not make Homage to the Son, for that he hath once made Homage to his Lord, but yet he &s;hall
<PB N="140" REF="73">make Fealty to the Son, though he have made it to the Father&punc; but if the Mannour be recovered again&s;t the Fa|ther which hath taken Homage, now he &s;hall make Ho|mage again, <HI>Littleton fol.</HI> 29.</P>
<P>If a Mannour be exchanged, yet there ought to be At|tornement, otherwi&s;e the Lord cannot di&s;train for the Arrearages, <HI>Perkins fol.</HI> 47, 56, 58.</P>
<P>If one alien his Mannour by Deed indented of Bar|gain and Sale, and inrolls that according to the Statute; that is good without Attornement, and the Lord may di|&s;train for his Services, and the &s;ame Law is of a Rever|&s;ion &s;o granted, <NOTE PLACE="marg"><HI>Ra&s;tall, Inrolment</HI> 2.</NOTE> but of a Grant by Fine it is otherwi&s;e, 27 <HI>H.</HI> 8. <HI>chap.</HI> 16. 30 <HI>H.</HI> 8. <HI>Tit. Attornement.</HI></P>
<P>If the King grant Rever&s;ion of Lands, or grant a Man|nour to one and his Heirs, or otherwi&s;e by his Letters Pa|tents, the Patentee may di&s;train or avow without Attorne|ment, and he need no Attornement, 34 <HI>H.</HI> 6. <HI>fol.</HI> 7. <HI>Fitzh. fol.</HI> 60. <HI>J. &amp;</HI> 6 <HI>Ed.</HI> 3. <HI>Tit.</HI> 13. <HI>Natura brevium fol.</HI> 171. ac|cordingly, 12 <HI>Ed.</HI> 4. <HI>fol.</HI> 3.</P>
<P>Where a Mannour or Rever&s;ion is devi&s;ed by Will in writing, that is good, and &s;hall pa&s;&s;e without Attorne|ment, 19 <HI>H.</HI> 6. <HI>fol.</HI> 24. <HI>Littleton fol.</HI> 132. accordingly of De|vi&s;e, where Lands were devi&s;able by Cu&s;tome, 34 <HI>H.</HI> 6. <HI>fol.</HI> 7.</P>
<P>The Lord may avow upon the Tenant by the Curte&s;ie, and in dower, and upon him which recovered again&s;t his Tenant without Attornement, for they are in by Law, and need to have no Attornement, 36 <HI>H.</HI> 6. <HI>fol.</HI> 35.</P>
<P>If one have a Mannour delivered in Execution by ver|tue of a &s;tatute Merchant, or an <HI>Elegit,</HI> he may avow without Attornement, 20 <HI>H.</HI> 6. <HI>fol.</HI> 7.</P>
<P>Where a Mannour E&s;cheats, or the Lord have that as a Perqui&s;ite by his Villain, he may avow without Attorne|ment, <HI>Littleton fol.</HI> 132. 34 <HI>H.</HI> 6. <HI>fol.</HI> 7. accordingly, and <HI>Fitzh. fol.</HI> 60. <HI>J.</HI></P>
<P>If a man have a Common of Pa&s;ture to a certain num|ber, or a Common of E&s;tovers certain, and grants them over, the&s;e &s;hall pa&s;&s;e without Attornement, for that they are not to be taken by the hands of Tenants, but by the mouths of Bea&s;ts; and where no attendance nor pay|ment is to be made by the Tenant, there the things may pa&s;&s;e without Attornement, 31 <HI>H.</HI> 8. <HI>Tit. Attornement.</HI></P>
<P><PB N="141" REF="73">Where a man lets for forty years, and after lets the &s;ame Land to another, to have the Land from the end of the fir&s;t Terme for twenty years, there need no Attornement, and contrary when he grants a Rever&s;ion, to have the &s;ame Rever&s;ion at the end of the fir&s;t Terme for twenty years then next en&s;uing, there ought to be Attornement by <HI>Horewood,</HI> 37 <HI>H.</HI> 8. <HI>Tit.</HI> 41. and 1 <HI>Ed.</HI> 6. <HI>Tit.</HI> 4.</P>
<P>A man lets a Hou&s;e for Life, and after grants the Rever|&s;ion of the &s;aid Hou&s;e, to have from the Fea&s;t of Saint <HI>Mi|chael,</HI> next after the Death of the Tenant for Life, for 21 years then next following, this is go<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> without Attorne|ment, for this pa&s;&s;eth by (to have) the Hou&s;e as a Lea&s;e, and not as a Rever&s;ion; and al&s;o the Tenant for Life is not attendant to him, 3 <HI>Mary Tit.</HI> 69.</P>
<P>One lets for twenty years, and this Le&s;&s;ee lets that for ten years rendring Rent, and after this Le&s;&s;ee for twenty years grants the Rever&s;ion of the Terme Rent to a &s;tran|ger, it behoveth that the Le&s;&s;ee for ten years attorne, otherwi&s;e it is if no Rent be re&s;erved, 2 <HI>Ed.</HI> 6. <HI>Tit.</HI> 45.</P>
<P>If a man lets for ten years, and the &s;ame Le&s;&s;ee lets that to another for four years, the Le&s;&s;or makes a Feofment to a &s;tranger, by &s;ufferance of the &s;econd Le&s;&s;ee, this is a good Feofment without Attornement of the fir&s;t Le&s;&s;ee, 28 <HI>H. S. Tit. Feofments</HI> 68. <HI>B.</HI></P>
<P>Two joint-tenants, and one relea&s;e to the other, it is good without Attornement, 28 H. 6.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Then let us &s;ee what is good Attornement, and what not.</HEAD>
<P>WHere a Rever&s;ion is granted, and the Tenant at|torn by a Penny, it is good, for it an Agreement, 8 <HI>Book of A&s;&s;i&s;e</HI> 25.</P>
<P>A man grants four divers Rents, and the Tenant at|tornes by a Penny, this is good for them all, that is to &s;ay, for them all to di&s;train, but not for them all to have an A&s;&s;i&s;e, for it is not Sei&s;in, 22 <HI>Book of a&s;&s;i&s;e</HI> 66.</P>
<P>Attornement ought to be made by the Tenant in the life of the Grantor, for Attornement after is not good, 16 <HI>Book of A&s;&s;i&s;es</HI> 25.</P>
<P>A Lea&s;e is made for Life; and after the Rever&s;ion is granted to one, and the Tenant for life &s;urrender to him, this is a good attornement, 23 <HI>A&s;.</HI> 18.</P>
<P><PB N="142" REF="74">A man &s;ei&s;ed of two acres, or of two Mannours, lets one for years, and after makes a Feofment of both, and makes Livery of that in Po&s;&s;e&s;&s;ion, yet the other &s;hall pa&s;&s;e without attornement, 7 <HI>Ed.</HI> 4. <HI>fol.</HI> 20.</P>
<P>Where a Feofment and Livery is made of a Mannour, that one hath in execution by a Statute, this Livery is as an attornement, if the Tenant by Statute enter again, 46 <HI>Ed.</HI> 3. <HI>fol.</HI> 30.7 <HI>H.</HI> 4. <HI>Statham</HI> 46. <HI>the &s;ame.</HI></P>
<P>If a man lets a Mannour for years, and after outs the Termor and enfeoffes another, and makes Livery, and the Termor re-enter, it is good without other attorne|ment, 5 <HI>H.</HI> 5. <HI>fol.</HI> 12. <HI>the &s;ame,</HI> 9 <HI>H.</HI> 6. <HI>fol:</HI> 16. <HI>the &s;ame, Littl. fol.</HI> 130.</P>
<P>If a Feofment be made, and Livery al&s;o, and do not out the Termor, nor he attorne, it is not good, 5 <HI>Book of A&s;s.</HI> 1.17 <HI>A&s;s.</HI> 3.2 <HI>Book of A&s;s.</HI> 1. <HI>the &s;ame, and</HI> 21 <HI>H.</HI> 7. <HI>fol.</HI> 7.</P>
<P>If my tenant for life lets his E&s;tate to another upon condition, for default of payment to re-enter, and after I grant the Rever&s;ion, and the fir&s;t tenant attorns, this is not good, for he hath nothing at the time of the Grant of the Rever&s;ion, 8 <HI>H.</HI> 5. <HI>fol.</HI> 10.</P>
<P>A man lets his Mannor for life, and after grants the Re|ver&s;ion of that to another, if the tenant for life attorne, it is good, and all the &s;ervices of all the Free-holders of the Mannour &s;hall pa&s;&s;e without other attornement, 21 <HI>Ed.</HI> 3. <HI>fol.</HI> 34.</P>
<P>Payment of Rent is good attornement, 49 <HI>Ed.</HI> 3. <HI>fol.</HI> 15. Payment of Rent in name of Sei&s;in is agreement and Sei|&s;in, 40 <HI>Ed.</HI> 3. <HI>fol.</HI> 34.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where they are compellable to attorne, and where not, and what Tenants are compellable to attorne, and what not.</HEAD>
<P>WHere a Rever&s;ion or a Mannour is granted, unle&s;&s;e it be by Fine, there lies no <HI>Quid juris clamat</HI> to compell the tenant to attorne, but upon a Grant by Fine, and not upon a Grant of Rever&s;ion by Deed, <HI>Nat. brevium, fol.</HI> 170.</P>
<P>If a man alien his Mannour, he need not that the te|nants at will attorne, and the &s;ame &s;eems of tenants by Copy of Court-roll, <HI>Br. Tit.</HI> 44. <HI>Littleton fol.</HI> 125.</P>
<P>By Sei&s;in by the hands of the tenant at will, the Lord by that cannot avow, 8 <HI>H.</HI> 6. <HI>fol.</HI> 65.</P>
<P><PB N="143" REF="74">Tenant for life grants his e&s;tate to <HI>J.S.</HI> upon condition, and after the rever&s;ion is granted by fine, and the fir&s;t Te|nant for life attorns, it is not good, and he is not compell|able to attorn, but <HI>J.S.</HI> 8. <HI>H.</HI> 5. <HI>fol.</HI> 10.</P>
<P>If I let for life, and after grant the rever&s;ion by fine, and after Tenant for life grants over his e&s;tate to <HI>J.S.</HI> yet after attorns, it is good, for he was compellable to attorn, and not <HI>J.S.</HI> 18. <HI>Ed.</HI> 4. <HI>f.</HI> 10. and 21 <HI>H.</HI> 6. <HI>fol.</HI> 61.</P>
<P>If Tenant in Dower grant over her e&s;tate to <HI>J.S.</HI> and after the rever&s;ion is granted by fine, &s;he is compellable to attorn and not, <HI>J.S.</HI> 10. <HI>H.</HI> 4. <HI>fol.</HI> 10.1. <HI>H.</HI> 4. <HI>fol.</HI> 18. the &s;ame.</P>
<P>If Tenant by the Curte&s;ie grant over his e&s;tate, and af|ter the rever&s;ion is granted by fine, Tenant by the Curte&s;ie is compellable to attorn, 18. <HI>Ed.</HI> 3. <HI>fol.</HI> 3.</P>
<P>He which was Tenant, day of the fine levyed, though he hath granted over his e&s;tate, is compellable to attorn, 18. <HI>Ed.</HI> 4. <HI>fol.</HI> 10. Al&s;o 18. H. 6. <HI>fol.</HI> 25 and 21. H. 6. <HI>fol.</HI> 6. the &s;ame.</P>
<P>After a fine ingro&s;&s;ed and that delivered, the Tenant is not compellable to attorn, for a <HI>Quid juris clamat</HI> lieth again&s;t him, <HI>Fitzh. fol.</HI> 147. and 11. <HI>Ed.</HI> 3. <HI>Statham.</HI></P>
<P>If I give lands in tail, re&s;erving rent, and I grant that rent by fine, the Tenant &s;hall be charged to attorn, other|wi&s;e it is if I grant the rever&s;ion, for there he is not com|pellable to attorn, 5. H. 5. <HI>Statham.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where any per&s;on is not cempellable to attorn, and yet attorns, and their attornement good, and where not.</HEAD>
<P>TEnant after po&s;&s;ibility of i&s;&s;ue extinct, is not compell|able to attorn, and yet if he attorn, it is good, 43 <HI>Ed.</HI> 3. <HI>fol.</HI> 15.46. <HI>Ed.</HI> 3. <HI>fol.</HI> 13.</P>
<P>If Tenant in tail attorn it is good, and yet he is not com|pellable to attorn, 3. <HI>Ed.</HI> 4. <HI>fol.</HI> 11.</P>
<P>If Donor grant the rever&s;ion of Tenant in tail, to an|other in fee, if the Donee attorn gratis, it is good, and yet he is not compellable, 12. <HI>Ed.</HI> 4. <HI>fol.</HI> 3.</P>
<P>If a Lord&s;hip or Mannor be granted by fine, and after the Tenant which hold of that, makes a feoffment or is di&s;&s;ei&s;ed, if the feoff<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e or di&s;&s;ei&s;or attorn, it is good, and yet they are not compellable to attorn, 18. <HI>Ed.</HI> 4. <HI>fol.</HI> 10.</P>
<P>If a man lets for 10 years, and the &s;ame le&s;&s;ee lets for four
<PB N="144" REF="75">years attornement of the &s;econd le&s;&s;ee is good, and yet he is not compellable to attorn, and clear is attornement of the fir&s;t, for he ought to attorn, 28. <HI>H.</HI> 8. <HI>tit.</HI> feoffments 68.</P>
<P>If I let for life, and grant the rever&s;ion by fine, and after the grant, and before attornement, the Tenant for life lets over his e&s;tate to <HI>J.S.</HI> and he attorn gratis, it is good, and yet he is not compellable to attorne, 21 H. 6. <HI>f.</HI> 54. and 20. <HI>Ed.</HI> 3. <HI>Brook, Tit.</HI> 24.</P>
<P>Fine is levied of a Lord&s;hip, 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. <HI>Ed.</HI> 4. <HI>fol.</HI> 10.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Now let us &s;ee that the grantee by fine without attornement can|not have action nor avow for rent, which is in lieu of act|ion, nor have wa&s;t, but may have all other things, as entry for forfeiture, and have e&s;cheat and things in &s;ei&s;in, and take, and have aid.</HEAD>
<P>WHere a rever&s;ion is granted by fine, the right pa&s;|&s;eth, and for that Tenant for life &s;hall have aid, though he make no attornement, 12 <HI>E.</HI> 4. <HI>f.</HI> 3.37. <HI>H.</HI> 6 <HI>fol.</HI> 5. the &s;ame, 35. <HI>H.</HI> 6. <HI>fol.</HI> 5.</P>
<P>Where a Mannor is granted by fine and Tenants do not attorn, the Lord cannot di&s;train for rent, but &s;hall have e&s;|cheat of them, 10 <HI>H.</HI> 6. <HI>fol.</HI> 17.34. <HI>H.</HI> 6. <HI>fol.</HI> 7. the &s;ame, 20. <HI>H.</HI> 6. <HI>fol.</HI> 7.</P>
<P>The Lord grants his Lord&s;hip by fine, the grantee &s;hall have &s;uch things, which lie in taking, as ward, but he can|not avow for rent, <HI>Natura brevium, fol.</HI> 172.</P>
<P>Grantee by fine of a Lord&s;hip cannot di&s;train; but &s;hall have e&s;cheat and ward, though there be no attornement. But if Tenant for life alien in fee, he may enter for forfei|ture, <HI>Tit. fol.</HI> 130. <HI>B. p.</HI> 131. <HI>A.</HI></P>
<P>Wa&s;t before attornement is di&s;puni&s;hable, but the gran|tee may enter for forfeiture or &s;ei&s;ure but &s;hall not have wa&s;t before attornement, 48 <HI>Ed.</HI> 3. <HI>fol.</HI> 15. and 34. <HI>H.</HI> 6. <HI>fol.</HI> 7. the &s;ame.</P>
<P>Note that one cannot have an action without attorne|ment, though the grant be by Fine.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="145" REF="75">
<HEAD>Attorney in Court Baron.</HEAD>
<P>THey that have tenements in divers Counties, and fear to be impleaded in a County, or in a Court Baron, may make a generall Attorney to pro&s;ecute for them in all Pleas, <HI>We&s;tin.</HI> 2. <HI>chap.</HI> 10.</P>
<P>It is likewi&s;e provided, that every free man which oweth &s;uite to the County Court, tything, hundred, or to the Court of his Lord, freely may make his Attorney, to follow his &s;uits for him, &s;o it appears that a Copi-holder cannot &s;o do but by a&s;&s;ent of the Lord, he may compound to pay a certainty yearly, to relea&s;e his &s;uit, and that which he hol|deth he may freely by the Statute; and it &s;eems that the making of an Attorney, ought to be by writing &s;ealed, and not by word, <HI>Merton, chap.</HI> 10.</P>
<P>A Writ of making an Attorney or receiving, lieth in Court Baron, to make the Attorney to make &s;uit, <HI>Fitzh.</HI> 175. <HI>B.</HI> there lieth an <HI>Alias, pluries,</HI> and an attachment, if he be not allowed, but Copi-holder &s;hall not have that writ, <HI>Fitgh.</HI> 156. <HI>D.</HI></P>
<P>One may make an Attorney to make &s;uit per&s;onall, which is in a hundred or other Court Baron; but for &s;uit Reall, at the Leet or turn of the Sheriff, he &s;hall not make that by an Attorney, <HI>Fitzherbart,</HI> 25. <HI>C.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>What action &s;hall be &s;ued in a Court Baron by plaint, and what not.</HEAD>
<P>WHere one &s;ues &s;everal plaints for five marks, the o|ther &s;hall have a prohibition. And Detinue of wri|tings &s;hall not be &s;ued there, and if he doth, the other &s;hall have a prohibition, 5. <HI>Ed.</HI> 4. <HI>fol.</HI> 128.</P>
<P>Where 20 <HI>l.</HI> is parted in &s;everall plaints under 40<HI>s.</HI> Prohibition lies. Note there it is &s;aid. <HI>Super&s;edeas</HI> lies, and the Defendant there with &s;afe con&s;cience may wage his Law. But &s;ee 48 <HI>Ed.</HI> 3. <HI>Fitzherbart, fol.</HI> 46. <HI>A.</HI></P>
<P>The Lord him&s;elf &s;hall have debt in his Court Baron, for that that the &s;uitors are Judges, time of <HI>Ed.</HI> 1. <HI>Tit.</HI> debt, in <HI>Fitzh.</HI> 177. 6 <HI>Ed.</HI> 4. <HI>fol.</HI> 3. Suitors are Judges there.</P>
<P>Debt or tre&s;palle may be &s;ued in Court Baron by plaint,
<PB N="146" REF="76">but that is where the debt or dammage is under forty &s;hillings, that the Defendant in Tre&s;pa&s;&s;e plead his Free|hold, or that the Plaintif is his Villaine, the Court &s;hall cea&s;e, otherwi&s;e a VVrit of fal&s;e Judgement lieth, and al&s;o it is good exception to the Juri&s;diction of a Court Baron, to &s;ay that the contract was made out of the Mannor in a|nother Town, 34 H. 6. <HI>fol.</HI> 53.</P>
<P>A man &s;hall not have account in Court-Baron, nor in County, 43 <HI>Ed.</HI> 3. <HI>fol.</HI> 19.</P>
<P>Plea ought not to be removed in debt or tre&s;pa&s;&s;e from this Court, but where a Debt or Dammages amount above forty &s;hillings or in replegiare, but I intend there &s;hal not be a plaint in Replegiare in every Mannor, but in this Mannor where the Lord hath ancient authority by Char|ter to make Replegiare, yet diver&s;e &s;eem the contrary, &s;ee <HI>Fitzh. Na. Bre.</HI> 14 H. 8. <HI>fol.</HI> 17.</P>
<P>Tre&s;pa&s;&s;e, Damages found eight pence in the common Bench, and the Plaintif recovers, but he cannot there count under forty &s;hillings, and in Court-Baron he can-count above forty &s;hillings, but under that, 19 <HI>H.</HI> 6. <HI>fol.</HI> 8.</P>
<P>That Debt and Tre&s;pa&s;&s;e &s;hall be &s;ued in Court-Baron <HI>Britton, fol.</HI> 61.</P>
<P>Detinue of Goods may be &s;ued in a Court-Baron, 6 <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">. 2.</P>
<P>Every &s;tranger which comes within the Mannour may be &s;ued there in Debt or Tre&s;pa&s;&s;e, under forty &s;hillings, &s;o that Debt, Detinue of Goods, and &s;uch actions per&s;o|nalls (except account) where the Debt or Dammages is under forty &s;hillings, it is determinable in a Court-Ba|ron by plaint there, 34 H. 6. <HI>fol.</HI> 53.</P>
<P>Tre&s;pa&s;&s;e (by force of Armes) doth not lye in a Court Baron, note that the contrary is u&s;ed, 7 <HI>Ed.</HI> 4. <HI>fol.</HI> 23. Sherif in the County may hold Plea by <HI>Ju&s;ticies</HI> of the great Summons, but <HI>Ju&s;ticies</HI> &s;hall not be in a Court-Ba|ron for <HI>Ju&s;ticies</HI> &s;hall not be directed to the Steward but to the Sherif, and the Sherif is Judge in a <HI>Ju&s;ticies</HI> and Of|ficer to the Court, but &s;o is not the Steward, 21 <HI>Ed.</HI> 4. <HI>fol.</HI> 79. <HI>Fitzh. fol.</HI> 139. <HI>F.</HI></P>
<P>Note that Court-Baron hath no authority to hold Plea of Free-hold, and of that to give Judgment, for execution thereof that is a Di&s;&s;e&s;in to the Tenant, 22 A&s;&s;. 64. <HI>Glan|vile</HI> 94. &s;aith, No man is tied to an&s;wer in the Court of his Lord of a Free-hold, without the command of the Lord the King.</P>
<P><PB N="147" REF="76">Right patent may be directed to the Lord to be tried in a Court-Baron, but it cannot be tried there by great As&s;i&s;e, but it &s;eems it may be tried by Battell and if the Tenant ioyne Battell, the Lord may give day to try it, but <HI>Fitzh. fol.</HI> 4. E. &s;aith, if the Lord will proceed or I&s;&s;ue is ioyned upon the great As&s;i&s;e, prohibition lies, and if Ba&s;tardy or any forrain Plea be pleaded, then they have no Juri&s;diction in Court Baron, and if they proceed, Pro|hibition lies. Time of <HI>Ed.</HI> 1. <HI>Tit. Droit.</HI> 45. 1 H. 6. <HI>fol.</HI> 7.</P>
<P>If plaint of Debt or Tre&s;pa&s;&s;e be &s;ued there, and forrain matter is pleaded, it &s;hall not be tried in Court-Baron, 1 H. 5. <HI>fol.</HI> 12.</P>
<P>If in a VVrit of Right patent in Court-Baron for Char|ter Land, the Lord will not proceed to do right, the Deman|dant may go to the Sherif and have a <HI>(Tolt)</HI> which is a command to his Bailif, that he take out the complaint and remove the Plea into the County, and after that al&s;o by a <HI>(Pone)</HI> in the common Bench, but the Tenant &s;hall not have a <HI>(Tolt)</HI> but he &s;hall have a <HI>(Recordare)</HI> with the cau&s;e, and the Demandant may have a <HI>(Pone)</HI> with|out cau&s;e, <HI>Fitzh. fol.</HI> 3. <HI>F.</HI></P>
<P>Note that a VVrit of Right patent ought to be &s;ued in the Lords Court and not otherwhere, without the licen&s;e of the Lord, Te&s;timony of the King, by Letter or other|wi&s;e, that he hath given licen&s;e and then he &s;hall have his Writ, becau&s;e the Lord hath remitted his Court in the Common Bench, <HI>Nat. Brevium fol.</HI> 15.</P>
<P>None may di&s;traine Free Tenants to an&s;wer of a Free|hold nor of any thing belonging to the Free-hold, without the Kings Writ, <HI>Marleb. chap.</HI> 22.</P>
<P>Coppy-holders &s;hall not be impleaded by the Kings Writ, but &s;hall be impleaded in the Court of their Lord by plaint, in nature of what Writ they will, <HI>Lit. fol.</HI> 16.</P>
<P>Debt upon a Bill obligatory under forty &s;hillings lieth in a Court-Baron.</P>
<P><HI>Fitzh.</HI> 2. <HI>E.</HI> If a Right parent be &s;ued there in Court-Baron, and forrain matter be pleaded there, or I&s;&s;ue joyned to be triod by great A&s;&s;i&s;e, there &s;hall go a Prohibition.</P>
<P><HI>Fitzh.</HI> 39.6. The Tenant may have prohibition direct|ed to the Sherif to prohibit Bailiffs of the Court where the
<PB N="148" REF="77"><HI>Mi&s;e</HI> is joyned in a Writ of Right upon the Grand A&s;&s;i&s;e, unle&s;&s;e Battaile were there offered.</P>
<P><HI>Marleb. chap.</HI> 20. None except the Lord the King, &s;hal hold Pleas in his Court, of fal&s;e Judgement given in the Court of his Tenants, becau&s;e the&s;e Pleas e&s;pecially be|long to the Crown.</P>
<P><HI>Fitzh.</HI> 4. <HI>E.</HI> If a Plea be held there which ought not, a Prohibition lieth.</P>
<P><HI>Fitzh.</HI> 47. <HI>b.</HI> Detaining of writings &s;hall not be &s;ued in a Court-Baron.</P>
<P><HI>Fitzh.</HI> 139. <HI>D.</HI> If a man hold plea in County of Tre&s;|pa&s;&s;e by force of Armes, the Defendant may &s;ue a <HI>Super&s;e|deas</HI> out of the Chancery.</P>
<P>The &s;ame Law &s;eems in a Court-Baron, 8 <HI>Ed.</HI> 4. <HI>Tit.</HI> Ju|ri&s;diction.</P>
<P><HI>B.</HI> 215. See, <HI>Fitzh.</HI> 85. <HI>G.</HI> That tre&s;pa&s;&s;e &s;hall be brought in Court-Baron and there &s;ee the forme of the Writ, but it is not by force of armes there.</P>
<P><HI>Britton fol.</HI> 61. That Debt and Tre&s;pa&s;&s;e &s;hall be &s;ued in a Court-Baron.</P>
<P><HI>Fitzh.</HI> 85. <HI>G.</HI> Tre&s;pa&s;&s;e Vi&s;countile, there &s;hall not be (by force of armes) in the Writ.</P>
<P>8 <HI>Ed.</HI> 4. <HI>Tit.</HI> 115. Tre&s;pa&s;&s;e doth not lie in a Court-Ba|ron, (by force of armes) for a Fine &s;hal not be &s;et but in a Court of Record, and for that it &s;hall not be there, (by force of armes) &s;ee <HI>Gloce&s;ter, chap.</HI> 8.</P>
<P>22 <HI>A&s;s.</HI> 64. If one implead more in a Court-Baron with|out a Writ and recover dammages, where I plead to the Juri&s;diction, and the Court ought to be outed; yet if the Bailif make execution of the&s;e dammages by command of the Steward, he &s;hall not be puni&s;hed in tre&s;pa&s;&s;e, for he doth that which he ought to do, till it be defeated by fal&s;e Judgment, but if it were (before not a Judge) it is void, and otherwi&s;e.</P>
<P>9 <HI>H.</HI> 7. <HI>fol.</HI> 12. Recovery in the common Bench of Lands in the Countries of <HI>Lanca&s;ter, Durham, or Che&s;ter,</HI> is there (before not a Judge) otherwi&s;e it is there of recove|ry of Lands in the (five Ports).</P>
<P>22 <HI>Ed.</HI> 3. <HI>fol.</HI> 30. <HI>Formedon</HI> in the Kings Bench and an Appeale in the common Bench, recovery there in the&s;e are void, &s;ee 7 <HI>H.</HI> 4. <HI>fol.</HI> 3. and 8 <HI>Booke of A&s;s.</HI> 32.</P>
<P><HI>Gloce&s;ter chap.</HI> 8. It is provided that the Sheriffs &s;hall
<PB N="149" REF="77">plead in Counties the Pleas of tre&s;pa&s;&s;e al&s;o, as they were wont to be pleaded, <HI>&amp;c.</HI></P>
<P>13 <HI>H.</HI> 7. <HI>fol.</HI> 20. Wa&s;te, to plead in that is not good, for that that Land &s;hall be recovered, and &s;o in an <HI>(Eiectione firme,)</HI> and &s;o it is in a <HI>(Collegendum,)</HI> they &s;hall not be &s;ued here, and by <HI>Fitzh.</HI> 220. <HI>H.</HI> Plaintiff &s;hall recover his tearm and dammages.</P>
<P><HI>Littleton fol.</HI> 60. If there be two Tenants in common for years, and one put the other out of po&s;&s;e&s;&s;ion, he &s;hall have an <HI>(Eiectione firme)</HI> of his half, for that it is to recover a real Chattel. So it &s;eems that &s;hal not be &s;ued here, nor an ejectment of Ward which is in the realty.</P>
<P><HI>Fitzh.</HI> 220. <HI>H.</HI> Proce&s;&s;e of outlawrie lies in an <HI>(Eiectione firme)</HI> and yet he &s;hall recover his Land again, unle&s;&s;e it be expired, and al&s;o his dammages.</P>
<P><HI>Littleton</HI> 93. A Writ of wa&s;t is a mixt action, &s;o is an A&s;&s;i&s;e of <HI>novel di&s;sei&s;in,</HI> and a <HI>(Quare Impedit)</HI> and for that they &s;hall not &s;ue here.</P>
<P>Action upon the Statute of 8 <HI>H.</HI> 6. nor upon the Sta|tute of <HI>R.</HI> 2. &s;hall not be &s;ued here, for that that they are given by Statute: but an action upon the ca&s;e may be &s;ued here if the dammages are under 40. <HI>s.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Plaint in Precipe.</HEAD>
<P>TRe&s;pa&s;&s;e in one tenement with a Toft adjoyning, con|taining four Acres of land, agreed that this word (Tenement,) is uncertain. 3. <HI>E.</HI> 4. <HI>tit.</HI> 28. 11. <HI>H.</HI> 7. <HI>fol.</HI> 25. (te|nement,) is no tearm to demand a hou&s;e or &s;hop. 45. <HI>Ed.</HI> 3. <HI>fol.</HI> 6. Precipe of land in D. it is a good Plea that there is no &s;uch town.</P>
<P>41 <HI>Ed.</HI> 3. <HI>fol.</HI> 22. Precipe in D. and S. for that, that D. is a hamlet of S. and he demands a thing twice, the Writ &s;hall abate.</P>
<P>8 <HI>E.</HI> 4. <HI>f.</HI> 6. Precipe doth not lie in a hamlet, but in a town, or a place known out of a town; but all Actions per&s;onall may be brought in hamlet, or town, or place known.</P>
<P>Dower, A&s;&s;i&s;e, and <HI>Scire facias,</HI> to have execution of a fine, it may be brought in a hamlet.</P>
<P>16. <HI>E.</HI> 3. Precipe of a peice of land without certainty, is not good, but of a peice of land containing &s;o much, is good: &s;ee before, 11. <HI>H.</HI> 4. <HI>fol.</HI> 38.</P>
<P><PB N="150" REF="78">13. <HI>H.</HI> 4. <HI>Tit.</HI> 33. Dower of a Mill, though after the wit|ne&s;&s;e of the Writ it was made a (Toft,) it is good; o|therwi&s;e if it were made a to&s;t before the witne&s;&s;e of the Writ. 14. <HI>H.</HI> 4. <HI>tit.</HI> demand 5. the &s;ame.</P>
<P>13. <HI>H.</HI> 6. <HI>fol.</HI> 8. Upon two Verges of the Land are built hou&s;es, and they are meadow and pa&s;ture; they are now to be demanded as they are, not as before when they were ver|ges. <HI>Fitzh.</HI> 192.</P>
<P>6. <HI>Ed.</HI> 2. <HI>tit.</HI> 41. Precipe of pa&s;&s;age over a water, &amp;c. good.</P>
<P>27. <HI>H.</HI> 8. <HI>fol.</HI> 14. Precipe is not good of a Common, but of pa&s;ture for two bea&s;ts is good. 4. <HI>Ed.</HI> 4. <HI>fol.</HI> 2. the &s;ame.</P>
<P>22. <HI>Ed.</HI> 4. <HI>fol.</HI> 13. by <HI>Jenney:</HI> A man &s;hall have a Preci|pe <HI>quod reddat</HI> of a hou&s;e and garden, but he &s;hall not have a Precipe of a garden alone.</P>
<DIV3 TYPE="section">
<HEAD>For that, That Plaints &s;hall be made for Copi-hold in nature of Precipe, let us &s;ee of what, and how plaint of Precipe &s;hall be made.</HEAD>
<P>PRecipe may be of a chamber, and yet foundation may peri&s;h, for that it is not in perpetuity. 5. <HI>H.</HI> 7. <HI>fol.</HI> 9. con|trary, <HI>H.</HI> 6.</P>
<P>11 H. 7. <HI>fol.</HI> 24. Tre&s;pa&s;&s;e may be brought of tre&s;pa&s;&s;e in a hamlet, and Precipe &s;hall be brought of land in a town, and not in hamlet.</P>
<P>16 <HI>H.</HI> 7. <HI>fol.</HI> 7. A&s;&s;i&s;e doth not lie of a Rectory: Seek if an <HI>(Ejectione firme)</HI> lyeth of that.</P>
<P>9. <HI>H.</HI> 7. <HI>fol.</HI> 21. Precipe of lands in D. by <HI>Bryan:</HI> over D. and nether D. is good in abatement.</P>
<P>7. <HI>H.</HI> 4. <HI>fol.</HI> 9. Wa&s;t in D. it is a good plea in abatement, that D. is neither town nor hamlet.</P>
<P>11. <HI>H.</HI> 4. <HI>fol.</HI> 38. Precipe that he &s;hould re&s;tore a certain portion of land, is good by <HI>Hank</HI> and <HI>Hill.</HI></P>
<P>6. <HI>Ed.</HI> 3. <HI>tit.</HI> Demand 41. precipe of 8 foot of land in length and 6 in bredth, and good.</P>
<P>13. <HI>Ed.</HI> 3. <HI>tit.</HI> 32. &amp; 33. Precipe of an Oxgange of land, is good: Contrary of an Oxgange of mar&s;h, for that can|not be gained, <HI>tit.</HI> demand 33. &amp; 36.</P>
<P>40 <HI>A&s;&s;i&s;.</HI> 9. Precipe &s;hall be brought in a town, and not in a hamlet. 34. <HI>H.</HI> 9. <HI>fol.</HI> 1. the &s;ame.</P>
<P>34. <HI>H.</HI> 6. <HI>fol.</HI> 20. Precipe &s;hall be in a town, or of a Man|nor which is a place known out of a town, and not in a
<PB N="151" REF="78">Hamlet. But an A&s;&s;i&s;e in a Hamlet is good, and al&s;o in Dower.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Who hath mo&s;t Right, and Right ought to be &s;ued there.</HEAD>
<P><HI>LIttleton fol.</HI> 91. If a man be di&s;&s;ei&s;ed by an Infant, the which alieneth in fee, and the Alienee dies &s;ei&s;ed, and his heir enter, the Infant within age, he may have a <HI>(Dum fuit infra aetatem)</HI> or a Writ of Right, or <HI>(Entry)</HI> at his e|lection: for he hath more right then the heir of the Alie|nee. But if the Di&s;&s;ei&s;ee relea&s;e to the heir of the Alienee, if now he bring a Writ of Right, the i&s;&s;ue &s;hall be upon the meer right, and &s;hall be fonnd for the heir, for now he hath more right by the relea&s;e of the di&s;&s;ei&s;ee.</P>
<P><HI>Littleton fol.</HI> 93. If a di&s;&s;ei&s;or die &s;ei&s;ed, and his heir in by di&s;cent, if the di&s;&s;ei&s;ee enter, and the heir of the di&s;&s;ei|&s;or brings an a&s;&s;i&s;e, he ought to recover: But if he brings a Writ of Right, the i&s;&s;ue &s;hall be upon the meer right, and there the heir &s;hall be barred; for the di&s;&s;ei&s;ee hath more right.</P>
<P>Right Patent is to be directed to the Lord, of whom the land is held, unle&s;&s;e it be held of the King or Queen, and it is as a Commi&s;&s;ion to the Lord; that he &s;hall do Right. And it may be removed by a <HI>(Recordare)</HI> by the Tenant with cau&s;e, and by a <HI>(Pone)</HI> by the demandant without cau&s;e, and after that it be removed in County, it may be re|moved by the demandant by a <HI>(Tolt) Fitzh. fol. B.</HI> and <HI>Britton fol.</HI> 275. where the Tenant puts him upon the grand A&s;&s;i&s;e, it &s;hall be removed, <HI>Fitzh. fol.</HI> 1. F.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where Judgement final &s;hall be, and where not.</HEAD>
<P>IN a Writ of Right, Judgement final &s;hall be given; but after the <HI>mi&s;e</HI> joyned, and upon every recovery upon de|parture in de&s;pight of the Court, Judgement final &s;hall be. As in Right again&s;t a Prior, which voucheth common Cryer, which en<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">reth into the Warranty, and the deman|dant Imparles, and at the day the Vouchee departs in de|&s;pight
<PB N="152" REF="79">of the Court, and upon this Judgement final given. 26 <HI>H.</HI> 8. <HI>f.</HI> 10. 12 <HI>H.</HI> 7. <HI>f.</HI> 10. If the tenant in Writ of Right joyn with the <HI>mi&s;e,</HI> &amp; after depart in de&s;pight of the Court, Judgement final &s;hall be given. So if he joyn the Mi&s;e by a Champion, and makes default, Judgement final &s;hall be given; but if he make default at the <HI>Ni&s;i prius,</HI> and upon a petty <HI>Capias,</HI> yet he cannot &s;ave his default, Judgement final &s;hall not be. The &s;ame Law if he make default after default, before the <HI>Mi&s;e</HI> joyned, Judgement final &s;hall not be.</P>
<P><HI>Fitzh. fol.</HI> 11. If a man loo&s;e by default in a Writ of right before the mi&s;e ioined, yet he &s;hall have a Writ of right again&s;t him which recovers. But after the mi&s;e ioined it is otherwi&s;e, for then upon default after the mi&s;e ioined the iudgement &s;hall be finall as well again&s;t the defendant for his non-&s;uit, as again&s;t the Tenant, if he make default af|terwards.</P>
<P>10 <HI>H.</HI> 6. <HI>fol.</HI> 2. Right, the Tenant vouches, and the vou|chee comes in and joins i&s;&s;ue, and the demandant im|parles till the next day, and at the day, the Tenant was demanded and makes default, judgement final &s;hall not be given again&s;t the vouchee there.</P>
<P>1 H. 6. <HI>fol.</HI> 7. Where the mi&s;e is joined by battell in right, and after the champion of the Tenant maketh default, judgement finall &s;hall be given.</P>
<P>Time of <HI>Ed.</HI> 1 <HI>Tit.</HI> 44. if the Tenant make default af|ter the mi&s;e joined, he &s;hall loo&s;e the land for ever, if he cannot &s;ave his default.</P>
<P>3 <HI>H.</HI> 6. <HI>fol.</HI> 37. If the Tenant in right &s;aith, that he hath more right, ready to try by battell, and the plaintif rejoin, and day given, and at the day, the Tenant makes default, And for that, that the Ju&s;tices &s;ee a fine, by which the Te|nant hath but an e&s;tate tail, they advi&s;e of the iudgement, and clearly where the Tenant makes default after the mi&s;e ioined, if it were fee, iudgement finall &s;hould be.</P>
<P>Proce&s;&s;e in Court Baron, is &s;ummons, attachment, and di&s;tre&s;&s;e, which is proce&s;&s;e at the common law, 34 <HI>H.</HI> 6. <HI>fol.</HI> 53. and 37. <HI>H.</HI> 6. <HI>fol.</HI> the &s;ame.</P>
<P>By <HI>Martin,</HI> one cannot have a <HI>Capias</HI> in Court Baron, nor execution there (by <HI>Capias</HI> to &s;atisfie) but the natu|rall excution and proce&s;&s;e is, attachment of goods, as af|ter more at large appears, 3 <HI>H.</HI> 6. <HI>fol.</HI> 56.</P>
<P><PB N="153" REF="79">Proce&s;&s;e upon plaints for Coppy-hold land, is the &s;ame proce&s;&s;e, which is at the common law, in nature of what Writ the plaint is.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Amerciament in Court Baron for &s;uit and otherwi&s;e, and what remedy for that, and where it &s;hall be moderate.</HEAD>
<P><HI>MOderata mi&s;ericordia</HI> lies, where a man is amerced in a Court Baron outragiou&s;ly, and upon that al&s;o li|eth, <HI>Alias, pluries,</HI> and attachment. But if the amerciament be affirmed by equals, <HI>moderata mi&s;ericordia,</HI> doth not lie, 10 <HI>Ed.</HI> 2. <HI>Tit.</HI> action upon the <HI>Stat.</HI> 34.</P>
<P>And note, that this is the cau&s;e, that in all Court Barons three are &s;worn to ratifie the amerciaments, after that the homage hath pre&s;ented the offences, and <HI>Bracton</HI> calls them Tru&s;tees, Amercers, and Affirmors, al&s;o it &s;eems to be by the &s;tatute of <HI>Magna Charta, chap.</HI> 14. and by <HI>We&s;tmin&s;ter,</HI> 1. <HI>chap.</HI> 6. which is that a man be not amerced, but by his e|quals, <HI>Fitzh. fol.</HI> 75. <HI>A.</HI></P>
<P>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, al&s;o amerciament may be in Court Baron upon the plaintif, if he be non-&s;uited, and upon the defendant if it be found again&s;t him, or if he fail of his law, <HI>Statham,</HI> 12 <HI>R.</HI> 2. <HI>fol.</HI> 65.</P>
<P>A free man &s;hall not be amerced for a &s;mall fault, but according to the manner of that fault, and for a great one, according to the greatne&s;&s;e of the fault, &s;aving to him his freehold, and to a Merchant &s;aving his Merchandize, and to a villain &s;aving his waynage. And upon this <HI>Statute</HI> is <HI>(Moderata mi&s;ericordia)</HI> founded, as appeareth by the Re|gi&s;ter. And <HI>Glanvile</HI> &s;aith, there is al&s;o mercy, becau&s;e who by the oath of lawfull men is amerced, &s;hall loo&s;e no|thing of his honourable freehold, <HI>Magna Charta, chap.</HI> 14.</P>
<P>If the Lord of his own head amerce any Tenant or party in the Court Baron without cau&s;e, the party may have a tre&s;pa&s;&s;e, if he be di&s;trained for that amerciament, <HI>Fitzh. fol.</HI> 75. <HI>C.</HI></P>
<P>If the Steward or the Bailiff wil a&s;&s;e&s;&s;e any amerciament without confirming by two upon their oaths, after that the homage hath pre&s;ented the offenders, there is a &s;pecial Writ, thereupon the <HI>Stat.</HI> of <HI>Magna Charta, chap.</HI> 14. upon
<PB N="154" REF="80">the&s;e words, that none &s;hall be put upon the afore&s;aid mer|cies, but by the oath of good and lawfull men, &s;o that the Steward cannot confirm the &s;aid amerciaments, by this Statute, but the affirors or affirmors, <HI>Fitzh. fol.</HI> 76. <HI>D.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Amerciament in Court Baron, which is the <HI>12.</HI> and <HI>13.</HI> Ar|ticle of the Charge, for a Tre&s;pa&s;&s;e done to the Lord, and what remedy for it.</HEAD>
<P>LOrd of Court Baron may have an action of debt in his own Court for amerciament due to him, <NOTE PLACE="marg"><HI>Juri&s;di|ction</HI> 117 <HI>Suitors.</HI></NOTE> for that, that the Suitors are Judges there, and not the Lord in his Lord|&s;hip. Time <HI>Ed.</HI> 1. <HI>Tit.</HI> 177. and <HI>Statham,</HI> 12. <HI>R.</HI> 2. <HI>fol.</HI> 5.</P>
<P>Debt lieth by the Lord for amerciament a&s;&s;e&s;&s;ed in Court Baron, and affirmed there, and <HI>Bracton</HI> &s;aith, that the a&s;|ce&s;tors &s;hall confirm, that they &s;hall oppre&s;&s;e none for hate, nor ea&s;e others for love, and that they &s;hall not con|ceal tho&s;e things which they heare, &s;o that the Lord can|not amerce for tre&s;pa&s;&s;e done unto him&s;elf, unle&s;&s;e by cu|&s;tome and u&s;age, otherwi&s;e it is extortion.</P>
<P>The Lord cannot amerce a man in his own Court, for tre&s;pa&s;&s;e made to him&s;elf by the Law, but he may by cu|&s;tome; but if he levie the amerciament, it is a good barr in tre&s;pa&s;&s;e, be the cu&s;tome &s;o or not, and if it be not u&s;ed, it is extortion, 12 <HI>H.</HI> 4. <HI>fol.</HI> 9.</P>
<P>It &s;eems that for a &s;mall tre&s;pa&s;&s;e made to the Lord, he may be amerced in the Lords Court, and if it be confirmed and paid, the Lord &s;hall not have tre&s;pa&s;&s;e of that, 14 <HI>Ed.</HI> 4.8. and 7. <HI>H.</HI> 4. <HI>fol.</HI> 8.</P>
<P>If Tenant be amerced in the Lords Court, for tre&s;pa&s;&s;e to the Lord, it is extortion, but if the Lord accept the a|merciament, it is good &s;atisfaction for the pre&s;pa&s;&s;e, and good barr in tre&s;pa&s;&s;e, 48 <HI>Ed.</HI> 3. <HI>fol.</HI> 8.</P>
<P>In tre&s;pa&s;&s;e by the Lord, it is a good barr that the tre&s;|pa&s;&s;e was affirmed by the Suitors, 48 <HI>Ed.</HI> 3. <HI>fol.</HI> 8. and 47. <HI>Ed.</HI> 3. <HI>fol.</HI> 19.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="155" REF="80">
<HEAD>Attachment in Court Baron upon debt or tre&s;pa&s;se or in any other action, it &s;eems that he &s;hall forfeit the thing at|tached upon default, and what thing &s;hall be attached, and what not, let us &s;ee.</HEAD>
<P>By <HI>Billing, Wangford,</HI> and <HI>Needham,</HI> that in <HI>(Pone)</HI> in Court Baron the goods attached, if he make default &s;hall be forfeit to the Lord, <HI>tit.</HI> Court Baron, 1. <HI>Brook</HI> re|port, that 37 <HI>H.</HI> 6. is contrary, but this is not in the long report, 34 <HI>H.</HI> 6. <HI>fol.</HI> 49.</P>
<P>If a Bailif attach a bea&s;t in Court Baron, and it was re|turned attached, and doth not come, it is forfeit to the Lord, 28 <HI>H.</HI> 6. <HI>fol.</HI> 9.</P>
<P>If the Sherif attach a Cow the property is not out of the defendant, till he make default upon return of that, and if the Sherif leave the Cow attached with the defendant, yet if he make default it is forfeit to the King, and the She|riff may take it with him at the fir&s;t if he will, 9 <HI>H.</HI> 7. <HI>fol.</HI> 6.</P>
<P>By <HI>Brian,</HI> a plaint cannot be affirmed in a Court Baron, but the Court &s;itting, and &s;o attachment &s;hall be awarded, the Court &s;itting, notwith&s;tanding it is u&s;ed otherwi&s;e, 21. <HI>Ed.</HI> 4. <HI>fol.</HI> 79.</P>
<P>By <HI>Babington,</HI> that attachment &s;hall be by a meer chat|tel, which &s;hall be forfeited by default of the party; but it &s;hall not be by a chattel real, as a lea&s;e for years, or a ward, nor for apparrel, 7 <HI>H.</HI> 6. <HI>fol.</HI> 10.</P>
<P>That attachment &s;hall be of chattels which a man may forfeit by outlawry, 26 <HI>H.</HI> 6. <HI>Tit a&s;&s;i&s;e,</HI> 14.</P>
<P>By <HI>Moyle,</HI> That no goods &s;hall be attached but the pro|per goods of the party, and not the goods which the party hath in pawn, or that he hath borrowed, 35 <HI>H.</HI> 6. <HI>fol.</HI> 25.</P>
<P>The precept of attachment is made, as it follow|eth, <HI>&amp;c.</HI></P>
<P>IK. <HI>Steward to the Bailiff of the &s;ame, health; <NOTE PLACE="marg">Prebend of I&s;ling|ton, At|tachment.</NOTE> becau&s;e</HI> I.S. <HI>complaineth again&s;t</HI> I. D. <HI>in a Plea of debt of</HI> 30 s. <HI>or in a Plea of Tre&s;pa&s;se, if the Plaintiff &s;ue a tre&s;pa&s;se,</HI> &amp;c. <HI>or in a Plea of detaining,</HI> &amp;c. <HI>and find pledges to pro&s;ecute,</HI> &amp;c. <HI>There|fore I command you, that you &s;hall attach the afore&s;aid</HI> I. D. <HI>by all his goods and chattels, to an&s;wer the afore&s;aid</HI> I. S. <HI>in<PB N="156" REF="81">the Plea afore&s;aid, at the next Court there to be held, and have there this precept and how,</HI> &amp;c. <HI>Dated the</HI> 23. <HI>of</HI> April, <HI>the year of the Raign of Queen</HI> Eliz, &amp;c. 22.</P>
<CLOSER><SIGNED>By me <HI>I. K.</HI> Steward.</SIGNED>
<POSTSCRIPT>
<P>Note, that in a Court Baron a man &s;hall be attatched by goods, and there &s;hall i&s;&s;ue no <HI>Capias</HI> there.</P>
<P>Where the entry is, The great Court of <HI>J.S.</HI> there held, this is but a Court Baron. And where the entry is, To the great Court with Leet, it is pre&s;ented, this is uncertain and not good; for the entries &s;hall be &s;everal as it follows afterwards, 10 <HI>Ed.</HI> 4. <HI>fol.</HI> 17.</P>
</POSTSCRIPT></CLOSER>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>By-Laws.</HEAD>
<HEAD TYPE="sub">I entend that By-Laws and Paints, which is the <HI>21</HI> Article of Charge, may be made in Court Baron as well as in Leet.</HEAD>
<P>IT is &s;aid that a town may make by-Laws, 11 <HI>H.</HI> 7. <HI>fol.</HI> 14. and 44 <HI>Ed.</HI> 3. <HI>fol.</HI> 19. and that where by-Laws are for the Common-wealth, are good; and it is general, that by-Laws may be, and it is not material in what Court, &s;o I intend, for the&s;e cau&s;es were made in Court Baron.</P>
<P>By-Laws for inheritance &s;hall not bind, but tho&s;e which were parties to it, and not any other which was no party, 15 <HI>Eliz.</HI></P>
<P>One by-Law may order the Inheritance of a man, but cannot di&s;-inherite any, by <HI>Manwood</HI> 15 <HI>Eliz.</HI></P>
<P>By-Law may be made in Leet, and may be in a town by <HI>Harper,</HI> and &s;hall bind every one, if it be for the Com|mon-wealth, and otherwi&s;e not, but onely he which agrees, and not an e&s;tranger, 11 <HI>H.</HI> 7. <HI>f.</HI> 14.</P>
<P>One avows taking of di&s;tre&s;&s;e, and pre&s;cribes, that, &amp;c. there was a cu&s;tome had, that all the tenants or the greater part of the tenants of this Mannor, and other the re&s;idents and Inhabitants within that Mannor, or the greater part thereof to the Court Baron of that Mannor, held at the &s;aid Mannor, were u&s;ed and acu&s;tomed to make Laws, cal|led by-Laws, which proves that by-Laws may be made in Court Baron as in Court Leet.</P>
<P><PB N="157" REF="81">2 <HI>Eliz. Dier</HI> &s;aith, That a Steward by a&s;&s;ent of the te|nants in his Court could not by the Law apportion him|&s;elf, and the re&s;idue of the tenants, of their Common for &s;heep, if they have that by the grant of the Lord him&s;elf; But if they have that by pre&s;cription, otherwi&s;e it is: And they may agree, that he which &s;urcharges &s;hall pay to the Lord &s;o much, but then it behooveth the Lord to &s;hew au|thority by pre&s;cription, that his tenants have made &s;uch by-Laws of the Commons, and other things of Land, of time whereof, &amp;c. and ought al&s;o to pre&s;cribe, that he had u&s;ed to di&s;train for that, but if &s;uch amerciament had been paid without di&s;tre&s;&s;e of their accord, this is good evidence to the pre&s;crption of di&s;training.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Copy-holders.</HEAD>
<HEAD TYPE="sub">Now let us &s;ee of Copy-hold, which is the <HI>22</HI> Article of the Charge, and fir&s;t, what intere&s;t a Copy-holder hath by the Law, and what by the cu&s;tome.</HEAD>
<P>TRe&s;pa&s;&s;e by Tenant by Copy, it doth not lie again&s;t his Lord for his Copy-hold. Be&s;ides <HI>Danby</HI> and <HI>Bryan,</HI> 21 <HI>Ed.</HI> 4. But he &s;hall have a <HI>Subpena</HI> again&s;t his Lord, and not a tre&s;pa&s;&s;e. 7 <HI>Ed.</HI> 4. <HI>fol.</HI> 19. And at ths day it is held that a tre&s;pa&s;&s;e lies.</P>
<P>Tenant for life by Copy, &s;hall &s;ay in his pleading, that he is &s;ei&s;ed in his deme&s;ne as of a freehold, according to the cu&s;tome of the Mannour, and if he hath fee, that he is &s;ei&s;ed in his deme&s;ne as of fee, according to the cu&s;tome of the Mannor, and ju&s;tifie not that they have no freehold at the common Law, but by the cu&s;tome; &s;o that Copy|holder hath fee and freehold by the cu&s;tome, and not by the common Law, as it &s;eems by this book. 21 <HI>Ed.</HI> 4. <HI>fo.</HI> 96.</P>
<P>Tre&s;pa&s;&s;e again&s;t the tenant by Copy, hath aid of his Lord, 15 <HI>H.</HI> 7. <HI>fol.</HI> 10. and 21 <HI>H.</HI> 6. the &s;ame.</P>
<P>Copy-holder may have tre&s;pa&s;&s;e again&s;t one of trees cut, though that the Freehold be in the Lord. So by this it &s;eems, that he may have tre&s;pa&s;&s;e again&s;t every one for tre&s;pa&s;&s;e made upon the Land, but again&s;t the Lord, 2 <HI>H.</HI> 4. <HI>fol.</HI> 13.</P>
<P>The Dean of <HI>Pauls</HI> hath a Lord&s;hip of Ploughers, and
<PB N="158" REF="82">all the tenants are tenants at will, and the freehold is in the Lord; and there i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> appears, that a Copy-holder may have a tre&s;pa&s;&s;e at the Common Law, again&s;t one which makes a tre&s;pa&s;&s;e upon his land, but he cannot &s;ue action at the Common Law for the land, nor remove that &s;uit out of the Court of the Lord, 1 <HI>H.</HI> 5. <HI>fol.</HI> 11.</P>
<P>The Lord &s;hall have the wood of the Copy-hold, and &s;ell it, unle&s;&s;e the Copy-holder have that by cu&s;tome, as in many Mannors he hath, 2 <HI>H.</HI> 4. <HI>fol.</HI> 13. and 43 <HI>Ed.</HI> 3. <HI>f.</HI> 32.</P>
<P>Tenant by Copy at will, which is called tenant of ba&s;e tenure, if he be outed, &s;hall not have a Right clo&s;e, but &s;ue by Bill in the Court of the Lord, and in times pa&s;t a Copy-holder was called a tenant in villenage, or of ba&s;e tenure. <HI>Fitzh. f.</HI> 12. <HI>B.</HI></P>
<P>Tenant by Copy or by verge at will of ba&s;e tenure, &s;hall never have a <HI>(Mon&s;traverunt,)</HI> But the Copy-holder in an|cient deme&s;ne of freehold &s;hall have it, <HI>Fitzh.</HI> 14. <HI>D.</HI></P>
<P>If my copy-holder enfeoff one, I may enter for forfei|ture, 11 <HI>H.</HI> 4. <HI>f.</HI> 81.</P>
<P>Tenant by copy cannot alien his land by a deed, for if he do, it is forfeit, <HI>Littleton f.</HI> 15.</P>
<P>If a man lets a Mannor for years, in which there are co|py holders, and after a copy-holder dies, &s;urrender and admittance by the Lord the termor in Court of that Mannour, is as well as if he had the fee &s;imple, 4 <HI>Mar. tit. Copy, Br.</HI> 1.7.</P>
<P>Copy-holders &s;hall not have fal&s;e Iudgement, for then they &s;hal be re&s;tored to the freehold, or &s;hal not lofe the free-hold, but ought to &s;ue by Bill, that is to &s;ay, by Plaint in Court, 7 <HI>Ed.</HI> 4. <HI>f.</HI> 19. the &s;ame <HI>Littleton, f.</HI> 16. They &s;hall not be impleaded by the Kings Writ, but by Plaint in the Lords Court in nature of what t<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> VVrit will, <HI>Nat. Brevium fol.</HI> 16.</P>
<P>Coppy-holders have an E&s;tate of Inheritance according to the cu&s;tome of the Mannors, yet they have no Free-hold by the cour&s;e of the Common Law, <HI>Littleton fol.</HI> 16.</P>
<P>Tenant by Copy &s;hall make &s;calty to his Lord and Te|nant at will by the Common Law, <HI>Lit. fol.</HI> 17.</P>
<P>It is &s;aid, though Coppy-holders have Inheritance accor|ding to the cu&s;tome, yet they have but an E&s;tate at the will of the Lord, according to the cour&s;e of the Common Law, and cannot have Fre&s;pa&s;&s;e again&s;t their Lord; yet
<PB N="159" REF="82">they may bar their Lord in tre&s;pa&s;s brought by the Lord a|gain&s;t his Coppy-holder, as it appears, <HI>lit. f.</HI> 15. and 16.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tenant by the Verge in ancient Deme&s;ne.</HEAD>
<P>LAnds hold by the Verge, are not pleadable by the Kings Writ but by Bill, for that, that the Free-hold is in the Lord, but there is a diver&s;ity between plow-holders of frank tenure, and Plow-holders of ba&s;e tenure, which are dwelling in ancient Deme&s;ne, for Plow-holders of Free-hold are pleadeable by a Writ of Right clo&s;e, but Plow-holders of ba&s;e tenure are tho&s;e which hold by Verge at the Will of the Lord, and the Free-hold is in the Lord, and are not pleadable by a Writ of Right clo&s;e, 14 <HI>H.</HI> 4. <HI>fol.</HI> 1. and 34 <HI>Fitzh. fol.</HI> 14. <HI>C.</HI></P>
<P>Tenant by coppy which holds by the Verge in ancient Deme&s;ne, commits Felony and was attaint, the King (hath yeare, day, and wa&s;te) for that, that the Free-hold was in the Tenant in ancient Deme&s;ne, and yet they have no o|ther evidence then copies of Court Roll, otherwi&s;e it is of meere Coppy-holders which are out of ancient De|me&s;ne, for the Free-hold is in the Lord, I have &s;een in the County of <HI>North:</HI> Coppy-holders of frank tenure out of an|cient Deme&s;ne, and have u&s;ed a Writ of right clo&s;e, and have no other Evidences but by coppies, according to the cu&s;tome of the Mannor, but their Coppies are not at the will of the Lord, 3 <HI>Ed.</HI> 3. <HI>Tit. Br.</HI> 22. <HI>Stamford fol.</HI> 50.</P>
<P><HI>Fitzh.</HI> 11. Coppy-holder of a ba&s;e tenure &s;hall not have a Writ of Right clo&s;e, but ought to &s;ue by Bill in the Lords Court.</P>
<P><HI>Nat. Bre:</HI> 11. Right clo&s;e lieth alwaies between plough|holder and no plow-holders may implead another plow-holder of Lands within ancient Deme&s;ne, unle&s;s by this VVrit, and &s;hall make his prote&s;tation to &s;ue in nature of what Writ he will.</P>
<P><HI>Britton fol,</HI> 16<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">: Calls Tenants in ancient Demo&s;ne Plow-holders, and &s;aith, that Plow-holders are &s;uch which gain our Land.</P>
<P><HI>Fitzh.</HI> 14. <HI>D.</HI> Tho&s;e Tenants in ancient: Deme&s;ne which hold by the Verge by Coppy at the will of the Lord &s;hall not have <HI>(Mon&s;traverunt)</HI> again&s;t their Lord.</P>
<DIV3 TYPE="section">
<PB N="160" REF="83">
<HEAD>Where a Coppy-holder enters, and dies before be was admit|ted Tenant.</HEAD>
<P>IT was held in the ca&s;e of one <HI>Horewood,</HI> that where a Coppy-holder hath a Daughter by one Belly, and a Son and a Daughter by another, and dies, and after the Son en|ters and dies before admittance, that the Daughter of the &s;econd Belly &s;hal have the Land, for it is (a po&s;&s;e&s;&s;ion of the Brother) and &s;o it was adjudged in the ca&s;e of one <HI>Stegnes.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The&s;e Ca&s;es following I heard agreed for Law.</HEAD>
<P>IF Tenant by Coppy &s;urrender generally into the hands of the Lord, and it do not appeare who &s;hall have the Land, nor to what u&s;e the &s;urrender is, then the Lord &s;hall be &s;ei&s;ed to his own u&s;e.</P>
<P>If Tenants by Coppy let for yeares by licen&s;e of the Lord, and after relea&s;e to the Le&s;&s;ee by the&s;e words in the Court (remi&s;e and relea&s;e) it is void, for that it ought to be &s;urrendred into the hands of the Lord, and then the Lord ought to grant the Rever&s;ion to the Le&s;&s;ee; for by <HI>Littleton fol.</HI> 15. It cannot pa&s;&s;e without &s;urrender, and yet a Relea&s;e is u&s;ed of Coppy-hold in the Court in pre|&s;ence of the Steward.</P>
<P>If the Lord grant parcell of his Deme&s;ne Lands, to hold by Coppy, to one and his Heires, this Coppy is not good, but at the will of the Le&s;&s;or, for one cannot make Coppy-hold at this day, but that &s;hall be by pre&s;cription, which hath been demi&s;ed and demi&s;able by Coppy, time out of minde, <HI>&amp;c.</HI> But if a Coppy-hold e&s;cheate to the Lord, or he enter in that by forfeiture, and at this day grant that o|ver to <HI>J.S.</HI> by Coppy, this is good Coppy, and yet, in 13 <HI>H.</HI> 4. <HI>fol.</HI> 7. If Lands in ancient Deme&s;ne are e&s;cheated, and the King &s;ei&s;eth them, and grants them over to <HI>J. S.</HI> they are frank fee and not ancient Deme&s;ne.</P>
<P>6 <HI>H.</HI> 4. <HI>fol.</HI> 2. But if a Coppy-hold &s;hall be e&s;cheated to the Lord, and twenty yeares after that, he grants them o|ver by Copy againe, they are Copy-hold as they were before, for that, that this Land hath been demi&s;ed and de|mi&s;able, time out of minde, <HI>&amp;c.</HI></P>
<P>If two be Joyntenants by Copy, and one of them makes
<PB N="161" REF="83">wa&s;te in all the Land, that &s;hall not be forfeiture, but for his part, and al&s;o if a &s;tranger cuts Trees and makes wa&s;te without a&s;&s;ent of the Coppy-holder, it is no forfeiture.</P>
<P>If the Lord of a Mannor, to which there are Coppy-holders grant by Copy the tenements of one tenant Cop|py-holder without ju&s;t cau&s;e, to another Tenant in Fee or for life, and the Grantee enter by vertue of that grant, this Tenant which hath right, and which was admitted before, may have a plaint in nature of an A&s;&s;i&s;e of novel di&s;&s;ei&s;in a|gain&s;t the Grantee.</P>
<P>If the Husband &s;urrender into the hands of the Lord, to the u&s;e of his Wife, and doth not &s;ay <HI>A.</HI> his Wife, it is a good &s;urrender, for &s;he is certainly known by that name; the &s;ame Law is, if one &s;urrender into the hands of the Lord to the u&s;e of <HI>J.</HI> his Son, and hath two Sons named <HI>J.</HI> it is to the u&s;e of that <HI>J.</HI> which it is ment to.</P>
<P>If Tenant by Copy &s;urrender his Lands by cu&s;tome of the Mannour, to two good men out of the Court, to the u&s;e of a &s;tranger, and that made for Money paid, he which &s;urrendred cannot countermand his &s;urrender before the two good men have pre&s;ented it at the next Court, for it is much like acknowledging of a Fine before a Ju&s;tice of Record, but where the &s;urrender is to two, to the u&s;e of his Wife or Son, and not to a &s;tranger for Money paid, by one lying in extreamity in perill of death, and after he revives, he may well countermand his Surrender, before it be pre&s;ented in Court, or after, if it be not by that admit|ted afterwards, and that is often u&s;ed, and &s;tands with rea&s;on, and &s;o is the Law as it &s;eems to me.</P>
<P>If Tenant by Copy of Court-roll be attaint of Felony or Trea&s;on, the Lord of the Mannour may enter, for Tenant by Copy is but Tenant at will, according to the Common Law, though he hath Inheritance by the cu&s;tome.</P>
<P>If a Copy-holder &s;urrender into the hands of the Lord, to the u&s;e of another and his Heires, if the Lord will not admit him Tenant, then the Land &s;hall remaine in him which made the &s;urrender, and yet he to who&s;e u&s;e it was made, may &s;ue by a petition, or by a <HI>Subpena</HI> to be admit|ted.</P>
<P>If one which hath no right, and was not admitted, &s;ur|render to the u&s;e of another, and he to who&s;e u&s;e the &s;ur|render
<PB N="162" REF="84">is made, enters into the Land and is admitted, yet he which hath right may re-enter and out him, notwith|&s;tanding the Grant of the Lord.</P>
<P>But it &s;eems if a Coppy-hold de&s;cends to <HI>J.S.</HI> and he, before that he is admitted Tenant, &s;urrender that to the u&s;e of <HI>J. D.</HI> and the Lord by his Steward in Court grant Sei|&s;in and admits him Tenant, it is &s;aid to be a good &s;urren|der, and <HI>J. D.</HI> &s;hall injoy the Land again&s;t <HI>J. S.</HI> and his Heires: Seeke, for in the ca&s;e again&s;t <HI>Roo,</HI> the I&s;&s;ue was, if he were admitted according to the cu&s;tome of the Mannor or not, <NOTE PLACE="marg">Quere.</NOTE> and yet this is no di&s;proofe of this opinion, but if a Coppy-holder &s;urrender to the u&s;e of <HI>J. S. J. S.</HI> cannot &s;urrender before he be admitted.</P>
<P>The Lord of the Mannour (where the cu&s;tome is that the Tenants hold by Copy) is Chancellour within the &s;ame Court, <NOTE PLACE="marg">Chancel|lor.</NOTE> and may redre&s;&s;e matters there in con&s;cience where a Bill is exhibited to him, <NOTE PLACE="marg">Suitors.</NOTE> &s;o that the Coppy-holders are no Judges in the Court.</P>
<P>If an under Steward hold a Court-Baron without autho|rity of the Lord or high Steward, <NOTE PLACE="marg">Steward.</NOTE> and the Lord agree and do not contradict the Steward, and there be &s;urrenders made, and admittances of Copy-holders in the Court, this is good, but if he take a &s;urrender and admit one out of the Court without authority of the Lord or high Steward, it is not good, notwith&s;tanding a lawfull Steward, as it &s;eems may take a &s;urrender out of the Court, and admit|tance made out of the Court is good, if it be entred in the Court-Roll, that he is admitted and hath paid his Fine, and hath done fealty.</P>
<P>And if one holds but one Court by appointment of the Lord, where another hath a Patent to be Steward, and is ab&s;ent, &s;urrender taken and entred in this Court is good, and al&s;o is admittance, 2 <HI>Ed.</HI> 6. <HI>Tit.</HI> 26.</P>
<P>Note that the high Stewards are for mo&s;t part men of honor, <NOTE PLACE="marg">Steward.</NOTE> and great men by patent, and their under Stewards are men learned and are appointed by them, and without Patent, and the u&s;e is, that they which are under Stewards to &s;uch men, take Surrenders out of the Court, and they are well taken by &s;uch under Stewards, and the parties are admitted in the Courts held by them, that is in open Court, and al&s;o no doubt, when &s;uch under Stewards take &s;urren|der
<PB N="163" REF="84">out of the Court, and that is pre&s;ented by the Ho|mage, as the u&s;age is in the Court, and the party admit ac|cordingly, this is good, for without authority the&s;e are not, for if <HI>J. S.</HI> make a command to the Bailiff, to warne the Court to be held &s;uch a day, and it is warned, and <HI>J.S.</HI> keeps the Court and is not contradicted by the Lord, &s;ur|render taken by this <HI>J. S.</HI> out of the Court, and pre&s;ented and entred in this Court, is good, though that <HI>J.S.</HI> 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 &s;hould &s;hew his Patent, which is not u&s;ed, and was never in I&s;&s;ue, whether the Steward had a Patent or not, nor if <HI>J. S.</HI> be Steward or not, and &s;pecially if he keep the Court warned by his com|mand by diver&s;e daies, before the Court kept, or if the Lord agree that he &s;hall keep the Court, and it is inconve|nient that for defect in the Steward which takes &s;urrender out of the Court, and enters it in the Court by the allow|ance of the Homage, but that it &s;hould be good, other|wi&s;e one may &s;ay thirty or forty years after, that the Ste|ward had no Patent of his Office, which is inconvenient, and ought not to be.</P>
<P>Where the Steward of the Bi&s;hop of <HI>London</HI> of his Mannor of <HI>Horne&s;ey,</HI> hath a Patent of his Office with con|firmation of the Dean and Chapter by the name of <HI>Aldred Fitziames,</HI> where his name was <HI>Etheldred,</HI> &s;urrenders taken by him out of the Court, and at the next Court are entred, it is found by the Homage that &s;uch &s;urrender was made, <HI>&amp;c.</HI> and at the &s;ame Court the Tenant is admitted accor|dingly, and though that his Patent in time of the Succe&s;|for after in A&s;&s;i&s;e again&s;t him be defeated by mi&s;-naming or by other cau&s;e, yet the Surrenders taken by <HI>Aldred Fitz|james</HI> (during all the time of twenty yeares before his Patent was defeated) are good and perfect, for that, that the &s;urrender was, it is found by the Homage, and al&s;o for that he was the known Steward, and al&s;o for that he is Judge, 33 H. 8. <HI>Br. Charge</HI> 58. <HI>Confirm.</HI> 30.</P>
<P>The &s;ame Law &s;eems in the &s;ame ca&s;e, if the entry were it is witne&s;&s;ed by the Steward or at this Court it is inrolled, &s;o, that is to &s;ay, that <HI>J.S.</HI> came before the Steward (the Court being ab&s;ent) and &s;urrendred, <HI>&amp;c.</HI> and in full Court the admittance is accordingly, this is a good &s;urrender,
<PB N="164" REF="85">though it be not entred, it is found by the Homage, <HI>&amp;c.</HI> for the entry of admittance is.</P>
<P>The Lord by <HI>A. Fitziames</HI> Steward gave him Sei&s;in thereof, and it is that the Lord by his Steward admitted him, and for that it is good, in&s;omuch that to that is the a&s;|&s;ent and grant of him which &s;urrendred, and al&s;o of the Lord.</P>
<P>The &s;ame Law if the high Steward to <HI>J.S.</HI> which hath no Patent in writting of his Office, takes a Surrender out of the Court, and at the next Court enters that, at the next Court it is inrolled, &s;o that <HI>J. S.</HI> came before the Steward (the Court being ab&s;ent) and &s;urrendred, <HI>&amp;c.</HI> And he to who&s;e u&s;e the &s;urrender was made be admitted in full Court, this is a good &s;urrender.</P>
<P>The &s;ame Law is like, if <HI>J. D.</HI> be Steward to a corpora|tion without a Patent of his Office, and takes &s;urrender as above, out of the Court and at the next Court enters it, at this Court inrolled, &s;o that <HI>J.D.</HI> &s;uch a day came before <HI>J. D.</HI> Steward and &s;urrendred, <HI>&amp;c.</HI> And he to who&s;e u&s;e the &s;urrender is made is admitted in full Court, this is a good &s;urrender, for that, that the Steward doth in a Court of copy-hold, he doth it as Judge and is allowed Judge by the Lord.</P>
<P>The &s;ame Law is, if the Steward which is out-Lawed in a per&s;onall action or excommunicated, take a &s;urrender out of the Court, and at the next Court enter it, it is witne&s;&s;ed by the Steward, and &s;uch a &s;urrender is made, and admits him to who&s;e u&s;e the &s;urrender was made in full Court, though it was not found by the Homage, yet this &s;urrender is good.</P>
<P>If a Judge or a Ju&s;tice be out of his Wits, yet the Fines, Judgments, and other records which were before him &s;hall be good, but contrary the gift of an Office, or &s;uch like by him, for that is a matter indeed, and the others are matters of Record, for a matter in deed may be avoyded (by being out of his Wits) contrary of matter of Record, 1 <HI>Ma. Tit.</HI> while&s;t he was not in his Wits 7.</P>
<P>The &s;ame Law is, if the under Steward takes a &s;urrender out of the Court, and at the next Court makes his entry of it, at this Court it is witne&s;&s;ed that <HI>J. D.</HI> &s;urrendred, and in full Court he to who&s;e u&s;e the &s;urrender is made, is ad|mitted, this is a good &s;urrender, though it be not al&s;o (it
<PB N="165" REF="85">is found by the Homage) for when he holds Court, he is a Judge between the Lord and the copy-holders, and yet, 2 <HI>Ed.</HI> 6. <HI>Br.</HI> Court-Baron 22. and copy-hold the 26. is, if the under Steward holds a Court-Baron, and in full Court grants copy-hold without the authority of the Lord or high &s;teward, this is good, contrary Law where it is done out of the Court, for it &s;eems 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 al&s;o the high Steward may admit out of the Court, by &s;peciall u&s;age and cu&s;tome within the Mannor u&s;ed, for one which holds by copy of Court roll, ought to have his E&s;tate entred in the Court held, and his admittance to be entred in the Court, and for that if the under Steward or the high Steward which hath no Patent, as above, take &s;urrender out of the Court, and pre&s;ent that in Court, and the Tenant be in the Court admitted, it is good, for it is the Lord by his Steward hath admitted, and the admittance makes him a copy-holder and the Entry of that in Court makes him Tenant by copy of Court roll, for copy-holder is he which holdeth by copy of Court roll, &s;o where one admitted in Court and the Lord allowes a Steward, is good.</P>
<P>If a copy-holder of an E&s;tate in fee, according to the cu&s;tome of the Mannour, by licen&s;e of his Lord let for twenty yeares rendring forty &s;hillings yearly, he may have an action of Debt in the common place for this Rent, or as it &s;eems he may di&s;traine and avow, and yet the avowrie is in the nature of an action reall, and it &s;eems no doubt if the Rent be re&s;erved by Deed Indent, but that he may di&s;traine and avow, and yet if (he to who&s;e u&s;e) before the Statute of 27 <HI>H.</HI> 8. lets by Indenture for yeares, ren|dring Rent, he to who&s;e u&s;e &s;hall have Debt for that Rent, but he cannot avow, and if the Le&s;&s;ee in this ca&s;e make wa&s;te, he to who&s;e u&s;e, &s;hall not have an action of wa&s;t, 26 <HI>H.</HI> 8. <HI>f.</HI> 8.</P>
<P>The &s;ame Law is, where a copy-holder by the cu&s;tome of the Mannour is not puni&s;hable for wa&s;te, by licen&s;e of the Lord makes a Lea&s;e for thirty yeares, and the Le&s;&s;ee makes wa&s;te, the copy-holder &s;hall not have a Writ of
<PB N="166" REF="86">wa&s;te but &s;hall &s;ue in the Lords Court, to puni&s;h this wa&s;te by plaint, in nature of an action upon the ca&s;e.</P>
<P>If a coppy-holder of an E&s;tate taile by licen&s;e of his Lord let for twenty yeares, rendring the ancient Rent, and dies, the I&s;&s;ue in taile may enter and defeat the Le&s;&s;ee, but if the Tenant in taile of coppy-hold let for forty years by the Lords licen&s;e, and after the Lea&s;e makes a forfei|ture of his coppy-hold, and the Lord &s;ei&s;es it, and grants that over again by copy to the Tenant in taile and his Heires, or to <HI>J. S.</HI> and his Heires, it &s;eems there the I&s;&s;ue of the Le&s;&s;or, nor <HI>J. S.</HI> nor the Lord cannot enter and de|feat this lea&s;e.</P>
<P>The &s;ame Law is, if a coppy-holder of an E&s;tate taile lets for forty yeares by the Lords licen&s;e and dies, and his I&s;&s;ue &s;urrenders to <HI>J. S.</HI> and his Heires, this I&s;&s;ue nor <HI>J. S.</HI> cannot enter and defeat this Lea&s;e.</P>
<P>To this Court came <HI>T. R.</HI> and did demand licen&s;e of the Lord to demi&s;e all and &s;ingular his cu&s;tomary Lands and Tenements, &s;cituate, lying, and being within his Lord&s;hip, to what per&s;on or per&s;ons the &s;aid <HI>T. R.</HI> plea&s;ed, to the tearm and for the tearm of 21. yeares next follow|ing the date of this Court, to which <HI>T. R.</HI> the Lord gave licen&s;e in form afore&s;aid, for the Fine often &s;hillings paid in the Court, at the view of the Lord of this Mannor.</P>
<P>And it is u&s;ed that the Steward in ful Court, licen&s;es a co|py-holder to lea&s;e a copy-hold for 20. or 40. years, more or le&s;&s;e, at their plea&s;ure, in the ab&s;ence of the Lord, and this &s;eems 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, becau&s;e of this lea&s;e, for when the Steward hath entred it, that at this Court <HI>T. R.</HI> craved licen&s;e of the Lord to let, <HI>&amp;c.</HI> to whom the Lord gave licen&s;e, <HI>&amp;c.</HI> the Lord is e&s;topped to &s;ay the contrary, but that he gave li|cen&s;e, the &s;ame Law is, where a coppy-holder is admitted in Court and is entred in the roll, to whom the Lord by &s;uch a one his Steward, granted him Sei&s;in, the Lord can|not afterwards gain&s;ay this admittance, and this is to be collected of the ca&s;e afore&s;aid, in 2 <HI>Ed. Brok.</HI> Court-Baron 22.</P>
<P>If a man lets a Mannor for yeares, in which are copy|holders, and after a copy-holder dies, the Termor of the Mannour grants the Land by copy for three lives, this is
<PB N="167" REF="86">good, the &s;ame Law is if a Copy-holder of Inheritance &s;urrender in the Court of the Termor of a Mannour, to the u&s;e of one and his Heires, it is good, &s;o that the Lord for the time being may take &s;urrender in his Court, but in the fir&s;t ca&s;e, &s;uch a Termor of a Mannor cannot let a Copy-hold re&s;erving le&s;&s;e Rent then the ancient Rent, but ought to re&s;erve the ancient Rent or more, 4. <HI>M.</HI> 1.</P>
<P>But it &s;eems if a Di&s;&s;ei&s;or of a Mannour be, and the Di&s;&s;ei&s;or &s;ei&s;es a Copy-hold by forfeiture, or E&s;cheate, and grants that over by Copy to a &s;tranger, and the Di&s;&s;ei&s;ee enter in the Mannor, this &s;urrender &s;hall not binde the Di&s;&s;ei&s;ee, and yet if a Copy-holder of Inheritance furren|der in the Court of the Di&s;&s;ei&s;or to the u&s;e of <HI>J. S.</HI> and his Heires, this is a good furrender, and &s;hall not be avoi|ded by the Di&s;&s;ei&s;ees, nor otherwi&s;e by him which &s;urren|der, nor by his Heire.</P>
<P>In pleading of a copy is, that the Lord by &s;uch a one his Steward did demi&s;e, and not that the Lord did demi&s;e, and al&s;o that a Woman be alone, and privately examined by the Steward, and it behoveth in pleading, to &s;ay by &s;uch a Steward, and name the name of the Steward, and for that it is good order to expre&s;&s;e in the copy and the Court-roll that to this Court came <HI>J. S.</HI> and <HI>Alice</HI> his Wife (&s;he alone and privately being examined by <HI>J. K.</HI> the Steward) there, and to &s;et the name of the Steward to every copy, and al|&s;o to every Court-roll, for pleading in divers ca&s;es, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> the Lord by <HI>J. K.</HI> his Steward, granted him Sei&s;in by a Rod, <HI>&amp;c.</HI> 8 <HI>H.</HI> 5. <HI>fol.</HI> 4. and 10 <HI>Ed.</HI> 4. <HI>f.</HI> 6.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Limitation.</HEAD>
<P>THE Statute of 32 <HI>H.</HI> 8. <HI>chap.</HI> 2. extends to copy|holds, for the Statute is, that none &s;hall make pre&s;crip|tion, Title, nor claim, <HI>&amp;c.</HI> above forty yeares, <HI>&amp;c.</HI> and that doth a copy-holder, and for that is within the Sta|tute, 6 <HI>Ed</HI> 6. <HI>Brook Limitation</HI> 2.</P>
<P>38 <HI>H.</HI> 8. <HI>chap.</HI> 1. Copy-holder which is Tenant in com|mon, is not compellable by this Statute to make partition, for the Statute gives remedy for one Tenant in common again&s;t another, by a Writ of (making partition) and it
<PB N="168" REF="87">&s;eems that a Copy-holder is not within the Statute of, 27 <HI>H.</HI> 8. chap. 10. of Joynture of Women, for that Statute bars Women which have Joyntures before Marriage to have Dower, that is of Lands given in Dower by the Law, and not by cu&s;tome.</P>
<P>Where a copy-holder by the cu&s;tome may &s;urrender his Land out of the Court, into the hands of the Lord by the hands of two copy-holders, or one to the u&s;e of <HI>J.S.</HI> and a copy-holder &s;o makes &s;urrender to two and one dies, or both dye, before the next Court, and yet Homage findes it, this is good &s;urrender, and <HI>J. S.</HI> &s;hall be admitted.</P>
<P>Tenant by copy of Lands of the nature of Gavell|kinde hath I&s;&s;ue two Sons, his elde&s;t Son hath I&s;&s;ue a Son and dies &s;ei&s;ed, this Land &s;hall de&s;cend to the younge&s;t Son and to his Nephew, the &s;ame Law is if the Son have I&s;&s;ue a Daughter and dies &s;ei&s;ed, this Daughter and the younge&s;t Son &s;hall have this Land by di&s;cent, and yet the Statute of <HI>Prerog. Regis, chap.</HI> 16. is, that Women &s;hall not &s;hare with Men.</P>
<P>Tenant by copy &s;urrenders to the u&s;e of one for life, the remainder to the u&s;e of one mo&s;t neere in blood, and hath I&s;&s;ue two Sons, the elde&s;t hath I&s;&s;ue and dies, the Te|nant for life dies, the younge&s;t Brother &s;hal have the Land and not the I&s;&s;ue of the elde&s;t Brother, for the younge&s;t Brother is more neere of blood to his Father, then is the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">on of his elde&s;t Son, by <HI>wich,</HI> 30 <HI>A&s;s.</HI> 47. but the younge&s;t Son is not next Heire.</P>
<P>Where the copy-hold is of the nature of Borrough <HI>Engli&s;h,</HI> and this copy-holder having three Sons &s;urrenders this to the u&s;e of his younge&s;t Son in taile, the remainder to the u&s;e of the Heires of the Body of the Father ingen|dred, and for default of &s;uch I&s;&s;ue to the u&s;e of the right Heirs of the Father, and the younge&s;t Son dies without I&s;&s;ue of his Body, it is &s;aid that the elde&s;t Brother &s;hall have this as Purcha&s;or.</P>
<P>Two Joyntenants of one copy-hold are, and one &s;urren|ders his part to his companion for life, this is a &s;everance of the Joynture, <HI>Lit f.</HI> 56.</P>
<P>Where the cu&s;tome of a Mannour is, that the younge&s;t Son &s;hall inherit by di&s;cent the copy-hold, and <HI>A.</HI> being a Villaine, purcha&s;e copy-hold there, and the Lord &s;ei&s;es
<PB N="169" REF="87">them, and grants them out of his hands by copy, the y<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">nge&s;t Son of the Grantee &s;hall have this by di&s;cent.</P>
<P>If the tenant by copy of Court-roll hath paid to his Lord more Rent then he ought, and the Lord of that Sur|plu&s;age of Rent was &s;ei&s;ed by the hands of his tenant, yet the tenant &s;hall avoid that in Avowry, for he is but te|nant at will by the cour&s;e of the common Law, otherwi&s;e it is of very tenant of charter land.</P>
<P>Where a copy-holder in Fee &s;urrenders into the hands of the Lord to the u&s;e of <HI>J. S.</HI> without more, all is in the hands of the Lord; and the Steward admits <HI>J. S.</HI> to have and to hold to him and his heirs, yet <HI>J. S.</HI> hath an E&s;tate in Fee, and yet the admittance is but allowance of <HI>J. S.</HI> to be tenant of &s;uch E&s;tate which is &s;urrendred; but the u&s;e is in mo&s;t courts to enter, that it was &s;urrendred to the u&s;e of <HI>J. S.</HI> without more, and the Steward enters, that the Lord hath granted to him Sei&s;in, to have to him and his heirs, and taken good: but it is better when one &s;ur|renders into the hands of the Lord, to &s;ay and enter, to the u&s;e and behoof of <HI>J. S.</HI> for life, or to the u&s;e and behoof of <HI>J. S.</HI> and his heirs: &s;o that by (to the u&s;e and behoof) the E&s;tate is limited, that <HI>J. S.</HI> &s;hall have it, and that makes the admittance accordingly to be good without doubt, and yet the other is good, for by the &s;urrender, all the intere&s;t is in the Lord.</P>
<P>If the Homagers gives fal&s;e Verdict in the court of co|py-hold, the party &s;hall not be bound, but he &s;hall tra|ver&s;e that: but if &s;uch a Verdict be found for the Lord, though the Verdict be fal&s;e, yet the party cannot traver&s;e that there, but is put to his Petition, touching his land, or to &s;ue in the Chancery; for if the Verdict finde fal&s;e, that wa&s;te was made in the Tenements of the Grand-father, the Son of the Father &s;hall loo&s;e after his land, for that it is a forfeiture which runs with the land; but &s;eek, for it is made by the per&s;on of the Father, and the Son hath no re|medy if the Verdict be true, but if the Verdict be fal&s;e, then his remedy is by Petition, and by no other remedy in this Court.</P>
<P>If Tenant by copy makes a Lea&s;e for years by licen&s;e of the Lord, and after in the &s;ame Court the Tenant will relea&s;e to his Le&s;&s;ee by &s;uch words (to remi&s;e and relea&s;e) &s;uch relea&s;e &s;eems void, for that that it ought to be a Sur|render
<PB N="170" REF="88">into the hands of the Lord, <HI>&amp;c.</HI> as he hath &s;urren|dred and relea&s;ed, <HI>&amp;c.</HI></P>
<P>U&s;e may be of Copy-holds, as well as of Free-hold, but the Statute of 27 H. 8. for uniting the po&s;&s;e&s;&s;ion to the u&s;e, doth not extend to &s;uch tenures: Nor (he to who&s;e u&s;e) cannot forfeit the Land by cutting Trees, if it were not by the con&s;ent and commandement of the Copy-hol|der. If the Lord let &s;everall Copies for one intire Rent and &s;ervice, and the Tenant makes wa&s;te in any parcell of them, and that be pre&s;ented in his Court, he &s;hall &s;ei&s;e all the Copy as it was intirely let.</P>
<P>A Rent of a Copy-holder may be apportioned, as well as another Rent.</P>
<P>Tenant by copy of Court-Roll in the Court (&s;old and bargained) his copy-hold to <HI>J. S.</HI> and his heires, <HI>J. S.</HI> was admitted, to have to him and his heires according to the cu&s;tome; this is not good, for that it wants this word (Surrendred.)</P>
<P>Tenant in taile by copy, the remainder over to I. S. in Fee, &s;urrender his Lands into the hands of two Tenants, to the u&s;e of I.N. and his heirs, and dyes before that be pre|&s;ented, and after that was pre&s;ented, and I. N. admitted, this is not good, but contrary Law, if Tenant in Fee had made that &s;urrender, and dyed as above: Seek.</P>
<P>By the cu&s;tome of a Mannor, &s;ome Lands are copy-hold for three lives, and &s;ome to them and their heires, and the Lord grants by copy that which was for three lives, after tho&s;e three lives ended, to one and his heires, this is not good; but the cu&s;tome of the Mannor is good, though there be &s;everall copy-holders of &s;everall cu&s;tomes.</P>
<P>The Lord of a Mannor within which are copy-holders, and the Lord grants over the Deme&s;nes to I. S. in Fee, &s;o that he hath no Court; yet it is &s;aid, that the copy-hol|ders may &s;urrender as before they did: And that the Lord by his Grant cannot de&s;troy their &s;urrender, and Copies.</P>
<P>The Lord may avow for Rent of his Copy-holder before admittance, where it de&s;cends to a copy-holder; but he &s;hall not be &s;worn of the Homage before admittance.</P>
<P>If the cu&s;tome of copy-hold be, that the Lord may grant for three lives if all dye, and then when the land is come into the hands of the Lord he is bound in a Statute, and
<PB N="171" REF="88">after he grants that over according to the cu&s;tome, this Land &s;hall not be extended upon the Statute.</P>
<P>And if a copy-holder be bound in a Statute, his copy|hold land &s;hall not be extended, and if the Lord be bound in a Statute, the land of the copy-holder &s;hall not be ex|tended.</P>
<P>If an Infant be a Lord, and admits a copy-holder to him and to his Heires, this is good, and he cannot avoid that by his Infancy, for he is but an in&s;trument to convey that according to the cu&s;tome, and departs with no E&s;tate.</P>
<P>If a copy-holder will exchange, this is not good, unle&s;&s;e there be a &s;urrender and admittance.</P>
<P>If a Villaine purcha&s;e copy-hold, and the Lord of the Villaine enter, he &s;hall not have po&s;&s;e&s;&s;ion of the copy|hold till he be admitted.</P>
<P>Copy-hold &s;hall not be forfeit by attainder of Here&s;ie, for <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">he blood is not corrupted, for the Statute of, 5 <HI>H.</HI> 5. is not to be intended of copy-hold Lands, for it is &s;aid by the Statute, that he &s;hall forfeit his Lands, Tenements, and Hereditaments, and that the Lord of whom the Lands are held &s;hall have the Lands after the King hath (yeare day and wa&s;te) and this is intended of free-hold and not of Copy-hold, but if a Copy-holder be attaint of Trea&s;on or Felony, as it is afore&s;aid, there the Lord &s;hall have the Land, for that that the blood is corrupt, and &s;o there is none to inherit, but by attainder in Here&s;ie is no corrup|tion of blood.</P>
<P>If a copy-hold be furrendred to my u&s;e &s;imply, and the Lord admit me upon condition, this condition is void, for the Lord gives nothing, but is an in&s;trument to convey that according to the &s;urrender; &s;o if it be &s;urrendred to me for life and the Lord admits me to have to me and my Heires, it is not good.</P>
<P>If a copy-holder of a Mannour takes a Lea&s;e for yeares of this Mannour, &s;eek if his copy-hold be extinct.</P>
<P>But if a copy-holder makes a Lea&s;e of his copy-hold to his Lord, this was held no extingui&s;hment of his copy, but a &s;u&s;pen&s;ion.</P>
<P>But if the Lord by Indenture make a lea&s;e for yeares of copy-hold land to his copy-holder of that, the copy-hold is there held to be extinct, &s;o if the Lord make a feoffment
<PB N="172" REF="89">to his copy-holder of all his Mannour upon condition, and after enter for the condition, the copy-hold is extinct, and if a copy-holder take a lea&s;e for years of the Mannour, with a remainder over by Indenture, this extincts the Copy|hold.</P>
<P>If a Di&s;&s;ei&s;or be of a Mannor, whereof there are copy|holders for three lives, and he grant copies for three lives, and after the Di&s;&s;ei&s;ee re-enter, this &s;hall avoid the grant of the copies by the Di&s;&s;ei&s;or.</P>
<P>But if the Lord of that Mannor make a feoffment in fee upon condition, and the Feoffee grants copies for three lives, and after the Feoffor enter for the condition broken, he cannot avoid the copies.</P>
<P>If Tenant in taile or in fee of a Mannour will grant Lands by copy, which were no copy-hold Lands before, and that hath contiuned by divers admittances after as co|py-hold, and was never interrupted at any time by the I&s;&s;ue in taile, but hath been allowed for him, &s;o that, that hath continued by &s;ixty or eighty yeares, this is very good, and &s;hall not be ever after avoided, but if it may be &s;hewed to have been an Interruptation, then it is other|wi&s;e.</P>
<P>15 <HI>Eliz.</HI> If a copy-holder &s;urrender to the u&s;e of his Wife for life, the remainder to him and his Heires, and after the Husband &s;urrender to <HI>J. D.</HI> and his Heires and dies, the Wife may enter by <HI>Dyer and Moun&s;on</HI> Ju&s;tices, and &s;hall hold for life, but the Heires of the Husband are bound; o|therwi&s;e it is, if the remainder were to the right Heires of the Husband, for they are purcha&s;ors of this remainder, and may enter after the death of the Wife.</P>
<P>A Copy-holder hath a Son and a Daughter by one <HI>Belly,</HI> and a Son by another <HI>Belly,</HI> and &s;urrenders to the u&s;e of his Wife for yeares, and conveyes after her death the remainder to his Son of the fir&s;t venter, his Heires and A&s;|&s;ignes and dies, the Tenant for years is admitted, the re|mainder in form afore&s;aid, the Son of the fir&s;t <HI>Belly</HI> dies without I&s;&s;ue, before admittance, and during the Tearme: and <HI>Dyer</HI> &s;aith, that the po&s;&s;e&s;&s;ion of the Wife of the Ter|mor or of the Guardion is a &s;ufficient po&s;&s;e&s;&s;ion to make (a Brothers po&s;&s;e&s;&s;ion.)</P>
<P>16 <HI>Eliz. Moun&s;on</HI> &s;aith, Copy-holders are within all &s;ta|tutes which &s;peake of Tenants, for if a copy-holder had not
<PB N="173" REF="89">been excepetd in the Stat of di&s;&s;olution of Mona&s;tries, the King had had them, which <HI>Geffrey and Bendlowes granted.</HI></P>
<P>The Husband by &s;urrender di&s;continues the copy-hold which he hath in right of his Wife, the Wife is put to her <HI>(Cui in vita)</HI> and &s;he is not aided by the Statute of, 32 <HI>H.</HI> 8.</P>
<P>24 <HI>Eliz.</HI> A copy-holder &s;urrenders to the u&s;e of his la&s;t will, and devi&s;eth that his Executors &s;hall &s;ell the Land to <HI>J. S.</HI> and makes two Executors and dies, and one Exe|cutor takes a Wife and &s;urrenders to the u&s;e of <HI>J. S.</HI> the Devi&s;ee, and was &s;aid that by the admittance of <HI>J. S.</HI> that he was copy-holder, though that the &s;urrender be made by both the Executors.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Taile of Copy-hold.</HEAD>
<P>EState taile may be of a copy-hold, and <HI>Formedon</HI> in de&s;cender may lye of that, that is to &s;ay, may &s;ue plaint, and make prote&s;tation in nature of a <HI>Formedon</HI> in di&s;cender at the common Law, and good by all the Ju&s;tices, for though a (<HI>Formedon</HI> in di&s;cender) were not given but by Starute, yet this Writ now lieth at the common Law, and it &s;hall be intended that that hath been the cu&s;tome time out of minde, <HI>&amp;c.</HI> See <HI>Littleton fol.</HI> 14. Plaint in na|ture of <HI>Formedon</HI> in di&s;cender, and al&s;o <HI>Littleton</HI> &s;aith, that copy-holder is, where within the Mannour the Te|nants within the &s;ame Mannour, have u&s;ed time out of minde, to have Lands or Tenements to them, and to their Heires in Fee &s;imple or &s;ee Taile, and though that the Statute of <HI>We&s;tmin&s;ter</HI> 2 <HI>chap.</HI> 1. is, That the will of the gi|ver in writing &s;hould be ob&s;erved (&s;o that copy-hold is not within the Statute) yet in the&s;e Mannors, within which, time out of minde, they have been u&s;ed to have E&s;tates in taile in this Mannor, and not in others are E&s;tates taile of copy-holds, 15. <HI>H.</HI> 8. <HI>tit.</HI> 24.</P>
<P>And now it is common u&s;age, to cut of the Taile of co|py-holdes within &s;uch Mannors where there is an E&s;tate taile of copy-hold, by common recovery in the nature of a Writ of entry in the (Po&s;t) which after followes, and al&s;o by recovery in nature of a Writ of Right, and joyne the <HI>Mi&s;e</HI> as followes afterwards, and another way is to cut of the intaile, and that is by pre&s;entment, that the copy-hol|der hath made a Lea&s;e by Indenture for divers years, or
<PB N="174" REF="90">other forfeiture, and then the Lord to &s;ei&s;e for that, and to &s;urrender to the Purcha&s;or; and the&s;e two waies are allowed for good.</P>
<P>It is &s;aid that five grounds of Law in <HI>England</HI> is and hath been in diver&s;e particuler cu&s;tomes, the which cu|&s;tomes, though they are again&s;t the generall cu&s;tomes of Law, yet they are in effect and are taken for Law; and &s;o I intend that this cu&s;tome of copy-hold E&s;tate (for that, that it hath continuance by pre&s;cription) is good by the Law, that the copy-holder hath an E&s;tate by cu&s;tome and Law al&s;o, and that of that may be an E&s;tate taile where that hath been u&s;ed by pre&s;cription. Doctor and Student <HI>fol.</HI> 20.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Copy-holders.</HEAD>
<P>COpy-hold Lands were before the Conque&s;t, and it was called Folk-Land in the time of the Saxons, and the Charter-lands are called Bock-land: And al&s;o <HI>Bracton,</HI> Book 4. allows of Copy-hold land, and &s;ayes, That do|ing their Services and cu&s;tomes, Their Lords cannot put them out: And &s;o Copy-hold E&s;tates, have in time of e|very King &s;ince the Conque&s;t by all the Ju&s;tices been al|lowed; &s;o that for the antiquity, and their continuall a|lowance from time to time, the E&s;tates of Copy-holds are affirmed in Law; yet <HI>Fitzh. fol.</HI> 12. b. &s;aith, That Copy|holders in ancient times, were called Tenants in Villain|age, or ba&s;e tenure: But this doth not make them Vil|laines, for <HI>Littleton, fol.</HI> 39. &s;aith, That &s;ome Free men hold their Tenements, according to the cu&s;tome of cer|taine Mannors, by Villaine Services, and yet they are not Villaines, and though at the beginning of Copy-holds, they had but a ba&s;e E&s;tate, and at the will of their Lords, yet when they have continued their E&s;tates by Copy, of time out of minde, then doing their cu&s;tomes and &s;er|vices, as Copy-holders ought to doe, they ought to en|joy their copy-holds, whether the Lord will or no; and it appears by divers Statutes, that copy-holds have been in reputation, for by the Statute of 1 <HI>R.</HI> 3. <HI>chap.</HI> 4. <HI>&amp;</HI> 19 <HI>H.</HI> 7. <HI>chap.</HI> 13. Copy-holder which might expend by the year 26, <HI>s.</HI> 8. <HI>d.</HI> &s;hall be accounted of the &s;ame &s;ufficiency to
<PB N="175" REF="90">be impannelled of a Jury, as he which might expend 20. <HI>s. per annum</HI> of Free-hold land, and by 2 <HI>Ed.</HI> 6. <HI>chap.</HI> 8. the intere&s;t of Copy-holders are pre&s;erved, notwith&s;tan|ding they are not found by Office after the death of the Kings Tenant; and by 13 <HI>Eliz. chap.</HI> 7. Lands of a Bank|rupt, as well copy-hold as free-hold &s;hall be &s;old; &s;o it ap|pears copy-hold E&s;tates &s;hall be regarded; and tho&s;e De|me&s;nes which are in the hands of the Copy-holders, are &s;uch Deme&s;nes as the &s;ervices which they do, make a Man|nor, though the Lord have no other Deme&s;nes in his own hands, nor in his Farmors, Bailiff, or Servants, for it is Deme&s;nes, having regard to the Lord, for that, that upon every Surrender the Lord hath medling, and grants it over in his Court.</P>
<P>And if you will admit that an E&s;tate Tail by u&s;age of time out of minde, may be of Copy-hold within a Man|nour, where it hath been u&s;ed by pre&s;cription, and Plaints of <HI>(Formedon)</HI> 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 <HI>(Po&s;t)</HI> or at lea&s;t in nature of a Writ of Right, and <HI>Mi&s;e</HI> ioyned upon meer Right, and after Default made by the Tenant, and Judge|ment final given, though that the&s;e Recoveries have not been u&s;ed there by pre&s;cription, for they are at the com|mon Law, and Plaints in nature of the&s;e Writs are to be &s;ued there of copy-hold.</P>
<P>It is &s;aid, that a Fine levied in ancient Deme&s;ne is of no worth, for it is no Court of Record; but it is &s;aid, that common Recoveries may be &s;ued there, to cut off the Intail, and good, for that, that the land &s;hall be pleaded there by a Writ of Right clo&s;e, and not otherwi&s;e, and copy-holder &s;hall be impleaded in Court Baron of the Mannour by Plaint, and not el&s;ewhere. And for that the Recoveries afore&s;aid, to cut off the Intail of a copy-holder may be there, though they were not there u&s;ed before, if there be E&s;tates Tail there, and if u&s;age makes the E&s;tate Tail, and al&s;o u&s;age makes the copy-holder to have an E&s;tate of Inheritance by cu&s;tome, and is good, 50. <HI>Book of A&s;&s;i&s;es</HI> 9.47 <HI>Ed.</HI> 3.38.</P>
<P>And though <HI>Littleton, fol.</HI> 16. If Lord out his copy|holder, he hath no other remedy but to &s;ue to his Lord by Petition, for he &s;aith, the Lord cannot break the cu&s;tome
<PB N="176" REF="91">which is rea&s;onable; but if &s;uch Lord will break the Cu|&s;tome, it is no Rea&s;on to &s;uffer &s;uch a Lord to be his own Judge, and to compell a copy-holder to &s;ue to him by Peti|tion. But for that that divers Lords are of an ill con&s;ci|ence, that before were as I have heard, for that divers grave Judges now hold, that a tenant copy-holder may have Tre&s;pa&s;s again&s;t his Lord, according to the opinion of <HI>Brian</HI> and <HI>Danby.</HI></P>
<P>And this at this day &s;eems rea&s;on, for though at the be|ginning copy-holders had but E&s;tate at the will of the Lord, yet by the continuance of this E&s;tate of time out of minde, they have &s;uch Inheritance by the cu&s;tome of the Mannour that the Lord (doing his Services) cannot out them, and the pre&s;cription goes to the Land, and not to the Lord, nor to the occupation, for that is copy-hold land which hath been let, and demi&s;able time out of minde, <HI>&amp;c.</HI></P>
<P>If the Tenant by copy deny to do his Services, the Lord may enter for forfeiture, if it be pre&s;ented by the Homage; but if the Tenant by chance makes a Default at the Lords Court, and doth not deny his Service, it &s;hall be amerced, and is no Forfeiture; the &s;ame Law if his Rent be behinde, and he doth not deny to pay it, that is no Forfeiture, but the Lord may di&s;train, but by <HI>Littleton, fol.</HI> 51. If the Tenant upon demand be not ready to pay Rent Seck, or if the Tenant nor none for him, be dwelling upon the Land to pay the Rent Seck, when it is demanded, this denying is Di&s;&s;ei&s;in; yet in the ca&s;e afore&s;aid, I con|ceive, that where a copy-holder makes Default, and doth not deny his Services, or is not upon the Land ready to pay upon demand, this is no deniall which &s;hall make a Forfeiture, for Forfeitures are not favoured in Law, but to be taken &s;trictly according to the words, and that is to be intended upon denying in deed by the Tenant, 42 <HI>Ed.</HI> 3. <HI>fol.</HI> 25.</P>
<P>And it &s;eems that the Lord cannot enter for forfeiture, be|fore that that be found by Homage, but if a Copy-holder alien by Charter, or commits Felony, or Trea&s;on, and be attaint, the&s;e are Forfeitures without Pre&s;entment, and the Lords may enter, for the&s;e are notorious and appa|rent to be again&s;t the Cu&s;tome, but otherwi&s;e it &s;eems where a Copy-holder makes wa&s;te.</P>
<P><PB N="177" REF="91">12. <HI>Eliz.</HI> It was &s;aid, that if a copy-holder will not be &s;worn of a Jury<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> or alien and make copy-hold Free-hold, this is forfeiture, for that, that the Lord may enter with|out pre&s;entment, but for negligent acts, as for not doing of &s;ervice or Suite of Court, the Lord cannot &s;ei&s;e without pre&s;entment by the Homagers, and then agree if an Infant do not come within a yeare and day after Proclamation made, yet he hath not forfeited his copy-hold, and this ca&s;e was between <HI>Hautree</HI> and his copy-holder.</P>
<P>If copy-holder lets by Indenture, which is forfeiture, and after &s;urrenders to the u&s;e of <HI>J. S.</HI> and he is admitted in, the Lord after &s;hall 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 &s;hall have that according to the cu&s;tome, that is to &s;ay, he doing his &s;ervices &s;hall have that to him and his Heires, accor|ding to the cu&s;tome of the Mannour.</P>
<P>It is &s;aid, that a copy-holder cannot alien by Deed, for if he do &s;o, the Lord may enter for forfeiture, and &s;o it is the like if he alien without Deed, in &s;uch manner that the Land may pa&s;&s;e, as if he lets for life without Deed, and makes livery, the Lord may enter, but if he do not make Livery otherwi&s;e it is; the &s;ame Law it is, if a copy-holder bargain and &s;ell his Land by Indenture, and do not inroll it, nothing pa&s;&s;eth by this bargain, and for that it is no forfeiture, <HI>Lit. f.</HI> 14.</P>
<P>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 <HI>H.</HI> 4. <HI>fol.</HI> 161.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="178" REF="92">
<HEAD>Challenge.</HEAD>
<HEAD TYPE="sub">For that, that you try I&s;&s;ues joyned in Court-Baron by a&s;&s;ent by inque&s;t of the Homage, as you may, and not by wager of Law as it is, and al&s;o in triall of Copy-holds, &s;hall be by Oath of the Jury, and al&s;o for that &s;ome Challenges are principals, and &s;ome are but for favour, fir&s;t let us &s;ee what is a principal Challenge.</HEAD>
<P>PRincipall Challenge is &s;aid, where it is evident favour, as kindred, 21 <HI>Ed.</HI> 4. <HI>fol.</HI> 11. and 63.</P>
<P>Juror is of aliance, &s;ervant, or beares mallice, that is to &s;ay, hath tre&s;pa&s;&s;e again&s;t him, or a Juror is cozen to the Executor which brings the action, and yet he &s;hall not recover to his own u&s;e, and this is a principal challenge <HI>&amp;c.</HI> 20 <HI>A&s;s.</HI> 11.</P>
<P>Where a Juror is Go&s;&s;ip of the Plaintiff, it is a princi|pall challenge, and he &s;hall be drawn off by the challenge, 2 <HI>H.</HI> 4. <HI>fol.</HI> 16.4 <HI>Ed.</HI> 4. <HI>fol.</HI> 1. the &s;ame, 19 <HI>H.</HI> 6 <HI>fol.</HI> 66. <HI>Contr.</HI> 6 <HI>H.</HI> 6. <HI>fol.</HI> 40.40. <HI>A&s;s.</HI> 20.</P>
<P>That the Plaintif was retained with a Juror, that is, that the Juror was ma&s;ter of the party, is a principal challenge, 2 <HI>H.</HI> 4. <HI>fol.</HI> 14.</P>
<P>That the Jury hath pa&s;t before for parcell of the &s;ame gift in Formedon, is a principal challenge if he &s;hew record of that, otherwi&s;e it is but favour, 8 <HI>H.</HI> 5. <HI>fol.</HI> 11. and 7 <HI>H.</HI> 4. <HI>fol.</HI> 11. the &s;ame.</P>
<P>If a Juror (after he is impannelled) eate at the Plaintifs co&s;ts, or take Money for his charges, it is a principal chal|lenge, 13 <HI>H.</HI> 4. <HI>fol.</HI> 14. 22. <HI>R.</HI> 2. <HI>Chal.</HI> 177. 8. <HI>Ed.</HI> 3. <HI>fol.</HI> 69.</P>
<P>Where Land is demanded and the Juror is cozen with|in the ninth degree, it is a principal challenge, 41 <HI>Ed.</HI> 3. <HI>fol.</HI> 9.14. <HI>&amp;</HI> 15 <HI>Eliz. Plowd.</HI> 426.</P>
<P>It is a principal challenge that the Juror held of <HI>J. S.</HI> that holds over of the Plaintiff, 13 <HI>H.</HI> 6. <HI>Statham.</HI></P>
<P>Where a Juror hath a Lea&s;e of one party, and though he hath granted his Intere&s;t to another, yet he is within the Di&s;tre&s;s of his Le&s;&s;or, to the u&s;ing an Action of Debt for the Arrearages, and for that is a principal challenge, 44 <HI>Ed.</HI> 3. <HI>fol.</HI> 5.44. <HI>A&s;&s;.</HI> 23.</P>
<P><PB N="179" REF="92">Tre&s;pa&s;s, the Defendant &s;aith, it was the Free-hold of <HI>J.S.</HI> and ju&s;tifies as Servant of <HI>J. S.</HI> it a principal chal|longe that the Juror was within the di&s;tre&s;&s;e of <HI>J. S.</HI> to <HI>E.</HI> 4. <HI>fol.</HI> 11. <HI>B.</HI></P>
<P>Tre&s;pa&s;&s;e, where the Defendant ju&s;tifies as Servant to the Lord <HI>Dacres,</HI> it was a principal challenge, that the Ju|ror was within the di&s;tre&s;&s;e of one which held of the Lord <HI>Dacres,</HI> 15 <HI>Ed.</HI> 4. <HI>fol.</HI> 18.</P>
<P>It is a principal challenge that the Juror is cozen to the Wife of the Defendant, for that, that the I&s;&s;ue of the Wife may be Heire to the Juror, 8 <HI>H.</HI> 6. <HI>fol.</HI> 15.</P>
<P>That the juror at another time had pa&s;t again&s;t him in the &s;ame I&s;&s;ue, if he &s;hew the Record it is a principal chal|lenge, and otherwi&s;e but for favour, 11 <HI>R.</HI> 2. <HI>Tit.</HI> 106.21. <HI>Ed.</HI> 4. <HI>fol.</HI> 74. before 7 <HI>H.</HI> 4.</P>
<P>Juror was challenged for that, that at another time he pa&s;t again&s;t the Plaintiff for the &s;ame Debt, which was re|ver&s;ed by Errour, and for that, that he did not &s;hew the Record, it is no principal challenge, 33 <HI>H.</HI> 6. <HI>f.</HI> 1.</P>
<P>It is a principal challenge that the Juror was cho&s;en ar|bitrator for one party, but otherwi&s;e it is where he was cho&s;en indifferent for them, 3 <HI>H.</HI> 6 <HI>fol.</HI> 24.</P>
<P>That the juror held of a Mannour, whereof the rever|&s;ion is in the Plaintiff, is a principal challenge, 10 <HI>H.</HI> 7. <HI>fol.</HI> 20.49 <HI>A&s;s.</HI> 1. That the juror was of Councel with the Plain|tiff and hath taken his fee, this was the challenge, and 7 <HI>H.</HI> 7. <HI>f.</HI> 10. that it is no principal challenge.</P>
<P>It is a principal challenge, the Sherif or Bailif which makes the Pannell is &s;on in Law to the Defendant, 9 <HI>Ed.</HI> 4 <HI>f.</HI> 49.</P>
<P>Tho&s;e which have been attaint of &s;al&s;e Oath, or were &s;een in the Pillory or Tumbrill, or again&s;t whom there was Judgement of life and member, &s;hall be outed by challenge, and the&s;e are principal challenges, <HI>Britton fol.</HI> 134.</P>
<P>Tho&s;e which pretend to have &s;ome right in the thing demanded &s;hall be outed by challenge, and this is a prin|cipal challenge, the &s;ame Law that the juror is a Villaine 9 <HI>Ed.</HI> 4. <HI>fol.</HI> 17. Villaine is principal challenge 26 <HI>Book of A&s;s.</HI> 28.</P>
<P>That a juror was outlawed is a principal challenge, if he
<PB N="180" REF="93">&s;hew the Record, 11 <HI>H.</HI> 4. <HI>fol.</HI> 40. <HI>Abridg. Book of A&s;s.</HI> 6. and 21 <HI>H.</HI> 6. <HI>fol.</HI> 30.</P>
<P>The &s;ame Law that a juror was attaint of con&s;piracy, 33 <HI>H.</HI> 6. <HI>fol.</HI> 55. 18. <HI>H.</HI> 8. <HI>f.</HI> 2. Writ of entry, they are at i&s;|&s;ue, and the Plaintif &s;aith, that the Sherif and two of the Coroners are his cozens, and the other two cozens of the Defendant, and praies a <HI>Venire facias,</HI> to others, and &s;hall not unle&s;&s;e all were his cozens, for if it were made by the cozen of the Plaintif, the array &s;hal be qua&s;ht, but the Defendant cannot qua&s;h the array by that that it is made by his cozens.</P>
<P>15 <HI>H.</HI> 7. <HI>fol.</HI> 9. Plaintif cannot qua&s;h the array, for that that it is made by his cozen, but may &s;hew that, and pray a <HI>(Venire facias)</HI> to the Coroners, but becau&s;e it doth not lye in his knowledge, the Plaintif may qua&s;h the array though the Sherif is of con&s;anguinity or affinity of the Defendant, but otherwi&s;e it is of his own part.</P>
<P>19 <HI>H.</HI> 8. <HI>fol.</HI> 7. Defendant challenge the array, for that it was made by <HI>J.S.</HI> cozen of the Plaintif, and this found and the Array qua&s;ht.</P>
<P>10 <HI>H.</HI> 7. <HI>fol.</HI> 7. The Array was qua&s;ht for that, that the Plaintif was Go&s;&s;ip to the Son of the Sherif, or for any o|ther cau&s;e of the Plaintif.</P>
<P>15 <HI>Edw.</HI> 4. <HI>fol.</HI> 23. Tre&s;pa&s;&s;e by the Arch-Bi&s;hop of <HI>Canterbury,</HI> and they were at I&s;&s;ue, and the Plaintiff &s;aith, that the Sheriffe is his Steward, and &s;ome of the Coroners are of his Robes, and the re&s;t within his di&s;tre&s;&s;e, and the Defendant confe&s;t it, and for that Proce&s;&s;e i&s;&s;ued out to choo&s;ers, and the array by choo&s;ers &s;hall not be qua&s;ht, but (the heads.)</P>
<P>18 <HI>Edw.</HI> 4. <HI>fol.</HI> 8. Where the Array is made by choo|&s;ers, this &s;hall not be challenged, but the (heads) &s;hall be challenged.</P>
<P>8 <HI>H.</HI> 6. <HI>fol.</HI> 60. The Array in A&s;&s;i&s;e was qua&s;ht, for that it was made by the Sheriffe him&s;elfe, being Plaintiffe, and it was al&s;o qua&s;ht, for that it was made by the Coro|ners at the denomination of the Plaintiffe, for that the Court of Office, awarded <HI>Venire facias</HI> to Electors.</P>
<P>The challenge is principall
<LIST>
<ITEM>Cozen of one party.</ITEM>
<ITEM>Servant of one.</ITEM>
<ITEM>Ma&s;ter of one Party.</ITEM>
</LIST></P>
<P><PB N="181" REF="93">At other times,
<LIST>
<ITEM>Brings tre&s;pa&s;&s;e again&s;t one.</ITEM>
<ITEM>Eats at the co&s;ts of one.</ITEM>
<ITEM>Is Lord to one.</ITEM>
</LIST></P>
<P>Challenges,
<LIST>
<ITEM>Is within the di&s;tre&s;&s;e of one.</ITEM>
<ITEM>Arbitrater of one.</ITEM>
<ITEM>Convict of horrible crime.</ITEM>
<ITEM>Hath right in the thing demanded.</ITEM>
</LIST></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Now let us &s;ee what is challenge for favour.</HEAD>
<P>WHere one challenges for diver&s;e cau&s;es, and con|cludes for favour, it is not double, otherwi&s;e it is of principall challenge, 7 <HI>H.</HI> 6. <HI>fol.</HI> 44.</P>
<P>That the Defendant is Steward of a Mannor of the Ju|ror, or that he is within the di&s;tre&s;&s;e of the Juror, it is a challenge for favour, and not a principall challenge, but that the Juror is within the di&s;tre&s;&s;e of the Defendant, is a principall challenge; but that the Juror hath marryed the Mother of the Defendant; if &s;he be dead, and he had no I&s;&s;ue by her, it is no principall challenge, 14 <HI>H.</HI> 7. <HI>Tit. Brook,</HI> 71.</P>
<P>The &s;ame Law where a Juror hath marryed a Cozen of the Defendant, which might be heire to him, during their lives it is a principall, but contrary, if the Wife be dead without I&s;&s;ue, 14 <HI>H.</HI> 7. <HI>fol.</HI> 1. &amp; 15 <HI>H.</HI> 7. <HI>fol.</HI> 9.</P>
<P>It is no principall challenge, that a Son of a Juror, hath marryed a Daughter of the Plaintiffe, 3 <HI>Edw.</HI> 4. <HI>fol.</HI> 12.</P>
<P>Juror is, a Keeper of the Forre&s;t by the Kings Grant, and the Plaintiffe is Ma&s;ter of the Game, is no principall challenge, 16 <HI>Ed.</HI> 4. <HI>fol.</HI> 1.</P>
<P>It &s;eemes it is no principall challenge, if the Juror &s;ay he will pa&s;&s;e with the Plaintiffe before he be &s;worne, or that hee was laboured, 21 <HI>H.</HI> 7. <HI>fol.</HI> 32. 7 <HI>H.</HI> 6. <HI>fol.</HI> 25. the &s;ame.</P>
<P>That the Defendant hath Tre&s;pa&s;&s;e again&s;t the Juror, depending, if it were after the action brought, it was &s;u&s;picious, and is no principall challenge, 20 Booke of A&s;&s;i&s;e, 11.</P>
<P>If a Juror be challenged for that, that one party hath
<PB N="182" REF="94">an action hanging again&s;t him, if he doe not &s;hew Record of that, it is no principall, <HI>Statham,</HI> 25 <HI>Ed.</HI> 3.</P>
<P>That the Wife of the Sheriffe, or of him which makes the Pannell, is Si&s;ter of the Plaintiffe, ought to conclude of favour, 20 <HI>A&s;s.</HI> 21.26 <HI>A&s;s.</HI> 21. &amp; 22.</P>
<P>Where a Juror is returned by name, <HI>Chamberlaine,</HI> and <HI>Chambers</HI> appears, it is a challenge for favour, and &s;hall be inquired if he be knowne by both names or not, 32 <HI>H.</HI> 6. <HI>fol.</HI> 23.</P>
<P>It is no challenge, that the Juror is Pari&s;honer with the Defendant, 22 <HI>A&s;s.</HI> 25.</P>
<P>Attaint, It is no principall challenge, that one of the Grand Jury, and one of the Petty Jury, have marryed two Si&s;ters, 43 <HI>A&s;s.</HI> 46.</P>
<P>In Attaint, It is no principall challenge, that one of the Grand Jury, and one of the Petty Jury are at debate, 50 Book of <HI>A&s;s.</HI> 4.</P>
<P>Juror was challenged for malice, which he had to the Plaintiffe, and tryed, and found indifferent, 27 <HI>H.</HI> 8. <HI>fol.</HI> 25.</P>
<P>It is no challenge, that a Iuror appeared where he was not &s;ummoned, if he were impannelled, 8 <HI>Ed.</HI> 3. 69 <HI>Fitzh. Challenge</HI> 4.</P>
<P>It is no principall challenge to &s;ay, that the Defendant is Tenant to the Sheriffe or Bailiffe, which makes the Ar|ray, unle&s;&s;e it be for favour, 26 <HI>Ed.</HI> 3. <HI>Statham.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Common is the &s;eventh Article which is in|quirable.</HEAD>
<P>ANd for that I intend, that when the Statutes en&s;uing were made for Improvements, immediately the Lords have improved their Wafts as much as they could, or otherwi&s;e they were &s;o moved with charity and pitty to the Poore, that more they would not improve for Cha|rity, I pray God that that may continue.</P>
<P>Becau&s;e many great ones which infeoffed Freeholders of &s;mall Tenements in great Mannours of extent, <HI>&amp;c.</HI> may improve, when they that are infeoffed have &s;ufficient Pa&s;ture belonging to their Tenements, <HI>&amp;c. Merton, chap.</HI> 4.</P>
<P><PB N="183" REF="94"><HI>We&s;tmin.</HI> 2. <HI>chap.</HI> 46. Recites <HI>Merton,</HI> and gives rate between Neighbour and Neighbour; and it is, Where it is belonging to their Tenements: But if one claime Com|mon for a certaine number, by Grant, the Lord cannot improve.</P>
<P>16 <HI>Ed.</HI> 3. <HI>tit.</HI> 9. If the Lord improve, not leaving &s;uf|ficient Common, the Commonner may break way to u&s;e his Common, See 17 <HI>H.</HI> 7. <HI>fol.</HI> 11. for breaking way, 22 <HI>H.</HI> 7. <HI>fol. ult.</HI></P>
<P><HI>Fitzherbart</HI> 179. <HI>L.</HI> Where one hath a Common be|longing or appertaining, and is di&s;trained, hee &s;hall have an A&s;&s;i&s;e of Common of pa&s;ture: Seventh Book of A&s;&s;i&s;e 16.</P>
<P>8 Book of <HI>A&s;s.</HI> 18. A&s;&s;i&s;e, Tenant &s;aith he hath impro|ved, leaving &s;ufficient for the Plaintiffe.</P>
<P>If a man grant Land and Common, the Grantor can|not improve again&s;t his Deed, 12 <HI>H.</HI> 3. <HI>fol.</HI> 25. That hee cannot improve again&s;t a Deed, 3 <HI>Ed.</HI> 2. <HI>tit.</HI> 21.</P>
<P>If the Tenant have Common for all manner of Bea&s;ts, the Lord cannot improve, notwith&s;tanding I have heard the opinion of the Learned to the contrary, 34. <HI>A&s;|&s;i&s;e</HI> 11.</P>
<P>It was held, that no man might improve in Feilds &s;ow|ed, where they have Common, when the Corne is reap|ed and carryed, and in time of Wreck; for the Statute is in Wa&s;ts and not in Feilds: And al&s;o it is held there, that Cottager &s;hall have Common, but not a Cottager newly erected, for he cannot pre&s;cribe, 5 Book of A&s;&s;i&s;e 2. Jurney to <HI>Lece&s;ter.</HI></P>
<P>The Tenant &s;hall not have Common to Land newly improved, but to ancient Land, hide, and gaine, 10 <HI>Ed.</HI> 2. <HI>tit.</HI> 22. 5 Book of <HI>A&s;s.</HI> 2. the &s;ame.</P>
<P>The Statute is (as much as belongs to Tenements) that &s;eemes to extend as well to Common appurtenant, as appendant: But Ma&s;ter <HI>Stamford</HI> &s;ayd in <HI>Grayes-Inne,</HI> That improvement is onely again&s;t him that hath Com|mon appendant, and not again&s;t him which hath Common appurtenant without number.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="184" REF="95">
<HEAD>Now let us &s;ee what is appendant, and what appurtenant.</HEAD>
<P>Common appurtenant is, for all manner of Bea&s;ts, and appendant is but to have common for Bea&s;ts com|monable, <HI>Natura brevium, fol.</HI> 70. That appurtenant is, with all manner of Bea&s;ts by pre&s;cription, 9 <HI>Ed.</HI> 4. <HI>fol.</HI> 3. by <HI>Fairfax.</HI></P>
<P>By <HI>Pri&s;ot,</HI> Common appendant is to have common for Hor&s;es, Bea&s;ts, Kyne, and Sheep, which are commonable, and which are mo&s;t fit for the Ploughman, and not for Gee&s;e, Goats, and Hogs, 37 <HI>H.</HI> 6. <HI>fol.</HI> 34.</P>
<P>If one hath a common of E&s;tovers by Grant, he can|not build another new Hou&s;e to have E&s;tovers to that, <HI>Fitzh. fol.</HI> 180. <HI>h.</HI></P>
<P>Admea&s;urement lyes between Commoners which have common appendant to their Free-hold, if one of them &s;ur|charge the common, by putting in more Bea&s;ts then they ought to common, <HI>Fitzh. fol.</HI> 125. <HI>B. D.</HI></P>
<P>He which hath Common appurtenant to a certaine number, or common by &s;pecialty to a certaine number, &s;hall be admea&s;ured: But he which hath common appur|tenant without number, or in gro&s;&s;e without number, &s;hall not be admea&s;ured, 26 <HI>H.</HI> 8. <HI>fol.</HI> 4.</P>
<P>Common appendant, cannot be aliened and &s;evered, but common appurtenant may, 5 <HI>H.</HI> 7. <HI>fol.</HI> 7. <HI>B.</HI> and 9 <HI>Ed.</HI> 4. <HI>fol.</HI> 39. <HI>A.</HI></P>
<P>He which hath Common appendant cannot u&s;e that common with other Bea&s;ts, but tho&s;e which are ri&s;ing and lying upon his Land, 15 <HI>Ed</HI> 4. <HI>fol.</HI> 32.</P>
<P>Termor cannot put any Bea&s;ts into the Common, but tho&s;e which hee hath to manure his Land, or for his hou&s;hold, and not for to &s;ell, 14 H. 6. <HI>fol.</HI> 6.</P>
<P>A man grants Land, and a Turbary, this doth not make the Turbary appendant, unle&s;&s;e it were appen|dant from time out of minde, 8 Book of <HI>A&s;s.</HI> 9.</P>
<P>Common is to be taken by the mouth of Bea&s;ts, 31 <HI>H.</HI> 8. <HI>tit.</HI> 151.</P>
<P>Commoner hath no intere&s;t in the Land, but to take that with the mouth of his Bea&s;ts, and cannot have tre&s;|pa&s;&s;e
<PB N="185" REF="95">(why he broke his Clo&s;e) again&s;t one which makes tre&s;pa&s;&s;e in the common, but may di&s;traine them doing da|mage, 12 <HI>H.</HI> 8. <HI>fol.</HI> 2.</P>
<P>There are foure manner of Commons, that is to &s;ay, Common appendant, Common appurtenant, Common in gro&s;&s;e, and Common becau&s;e of Neighbourhood, <HI>Natura brevium, fol.</HI> 69.</P>
<P>Common appendant is to Land arable onely, 26 <HI>H.</HI> 8. <HI>fol.</HI> 4. by <HI>Hales.</HI> It &s;eemes it may be appendant to a Man|nor, Land, or Tenements, <HI>Fitzh.</HI> 139. <HI>L.</HI></P>
<P>It may be appendant by rea&s;on of a Hou&s;e, <HI>Natura bre|vium, fol.</HI> 70.</P>
<P>Where one hath Common becau&s;e of Neighbourhood in the Land of <HI>J. S.</HI> he cannot put in his Bea&s;ts in the wa&s;te of <HI>J.S.</HI> but in his owne Land, which may goe if they will into the wa&s;te of <HI>J. S.</HI> 13. <HI>H.</HI> 7. <HI>fol.</HI> 13. &amp;c.</P>
<P>A&s;&s;i&s;e of Novell Di&s;&s;ei&s;in lyeth of Common of pa&s;ture, Turbary, and Fi&s;hing, where he hath that for life, or in taile, or in Fee, and is di&s;turbed that he cannot take his common; and the Writ &s;hall be, hee di&s;&s;ei&s;ed him of a common of pa&s;ture in <HI>D.</HI> and not di&s;&s;ei&s;ed him of his Free-hold in <HI>D.</HI> as where it is of Land, for there it is al|wayes, hee di&s;&s;ei&s;ed him of his Free-hold, <HI>Fitzherbart, fol.</HI> 179. <HI>L.</HI></P>
<P>Common appendant a man cannot u&s;e with Bea&s;ts of a &s;tranger, unle&s;&s;e hee keepe them to dung his Land, but hee cannot take in other Bea&s;ts for Money, which doe not manure his Land: See 6 <HI>H.</HI> 7. <HI>fol.</HI> 14. <HI>Fitzher|bart</HI> 180 <HI>B.</HI></P>
<P>If a man claime Common for Bea&s;ts without number, there he may put in other Bea&s;ts of a &s;trangers for Money in that Common; otherwi&s;e it is in Cha&s;e or Forre&s;t where the Lord hath Deer, <HI>Fitzh.</HI> 189. <HI>B.</HI></P>
<P>He that hath Common ought to u&s;e that with his owne Bea&s;ts, or with Bea&s;ts which dung his Land, or with Bea&s;ts allowed for their Milk, and cannot take in any, 22 Book of <HI>A&s;s.</HI> 82.</P>
<P>He which hath Common by &s;pecialty, cannot take in Bea&s;ts, but he that hath Common for Kine for their Milk, or for Bea&s;ts to manure his Land, for Sheep allowed to dung his Land, for he hath right in them for the time, 45 <HI>Ed.</HI> 3. <HI>fol.</HI> 26.</P>
<P><PB N="186" REF="96">A way appendant to a Hou&s;e &s;hall not be made in|gro&s;&s;e, but Common appurtenant and Advow&s;on may, 5 <HI>H.</HI> 7. <HI>fol.</HI> 7.</P>
<P>Where the King grants Common to an Abbot and his Succe&s;&s;ors without number, out of a Mannor, and after he grants the Mannor to another, and after the Abbey is di&s;|&s;olved, it &s;eems for that that it is Common without num|ber, the King &s;hall not have it; but if it were Common certaine, the King &s;hall have it, 27 <HI>H.</HI> 8. <HI>fol.</HI> 20.</P>
<P>Common appendant &s;hall be u&s;ed with his proper Bea&s;ts and not with others Bea&s;ts, and the Defendant was ad|mitted to pre&s;cribe for Common appendant, 6. <HI>Hen.</HI> 7. <HI>fol.</HI> 14.</P>
<P>He which hath Common appendant, cannot u&s;e that, but with his owne proper Bea&s;t or Bea&s;ts, which dung his Land; but he which hath Common for twenty Bea&s;ts by Grant, or with Bea&s;ts without number, he may u&s;e that Common with others Bea&s;ts, 11 <HI>H.</HI> 6. <HI>fol.</HI> 22. <HI>Fitzh.</HI> 180. <HI>B.</HI> the &s;ame.</P>
<P>A man need not pre&s;cribe in Common appendant, but it &s;ufficeth to &s;ay, that he is &s;ei&s;ed of three Acres in <HI>D.</HI> and that he hath Common appendant, <HI>&amp;c.</HI> 4 <HI>H.</HI> 6. <HI>fol.</HI> 13.</P>
<P>He which ju&s;tifies for Common appendant, need not pre&s;cribe in that al&s;o, 22 <HI>H.</HI> 6. <HI>fol.</HI> 10.</P>
<P>Common appendant cannot be but by continuance of time out of memory, <HI>&amp;c.</HI> 5 Book of <HI>A&s;s.</HI> 2.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Courts.</HEAD>
<HEAD TYPE="sub">In what place a Court-Baron &s;hall be held.</HEAD>
<P>COurt-Baron by <HI>Brian</HI> &s;hall be held in a place certain, but I have heard, that it may be kept in any place within the Mannor, that the Tenants have notice to make their &s;uit, and it is good, 8 <HI>H.</HI> 7. <HI>f.</HI> 4. <HI>A.</HI> and &s;o it is, 24 <HI>Ed.</HI> 3. that it need not be in a place certain, and by <HI>Glanvile, fol|</HI> 19. It ought to be held in a place within the Mannor and not out of the Fee.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="187" REF="96">
<HEAD>Which is Court-Baron, and which is Court of Record.</HEAD>
<P>COurt of ancient Deme&s;ne is no Court of Record, but it is a Court-Baron, 9 <HI>Ed.</HI> 4. <HI>fol.</HI> 43. and 3 <HI>H.</HI> 4. <HI>fol.</HI> 16. the &s;ame.</P>
<P>Where the entry is (to the great Court) this is a Court Baron, as it is afore&s;aid, 10 <HI>Ed.</HI> 4. <HI>fol.</HI> 17.</P>
<P>Where Suitors are Judges, <NOTE PLACE="marg">Suitors Judges.</NOTE> and where fal&s;e judgment lies and not errour, as in Court of a Mannor, Hundred, and County, the&s;e are Court-Barons, 6 <HI>Ed.</HI> 4. <HI>fol.</HI> 3. <HI>B.</HI></P>
<P>Court by Commi&s;&s;ion before the Ju&s;tices of Peace, that is to &s;ay, their Court of Se&s;&s;ions, <HI>&amp;c.</HI> are Courts of Record, 9 <HI>H.</HI> 6. <HI>fol.</HI> 3.</P>
<P>If a man be arre&s;ted in the Cinque ports, he &s;hall have a <HI>(Homine replegiando)</HI> if according to the Law and cu&s;tom of the Ports he be repleevable, <HI>Eitzh. fol.</HI> 67. <HI>A</HI></P>
<P>Great complaint was again&s;t the Officers of the Ca|&s;tle of <HI>Dover,</HI> for holding Plea above forty &s;hillings, where they have but a Court-Baron, and for arre&s;ting men by the body of their Warrant and <HI>(Gapias)</HI> but it &s;eems they have a Charter now, for it is u&s;ed there to arre&s;t, 5 <HI>E.</HI> 4. <HI>f.</HI> 127.</P>
<P>Tre&s;pa&s;&s;e of impri&s;onment, the Defendant &s;aith, that there is a Court by pre&s;cription within the Tower, and doth pre&s;cribe to have <HI>(Capias)</HI> and not that it is there <HI>(Capias)</HI> without pre&s;cription, and ju&s;tifie that by <HI>(Capias) &amp;c.</HI> And &s;o this appeares to be Courts of Record, 4 <HI>Ed.</HI> 4. <HI>fol.</HI> 6.</P>
<P>Error lies wherefal&s;e judgment is given in any Court of Record, as in the common Bench, or <HI>London,</HI> or other Ci|ty where they have power to hold Pleas by Charter, or by pre&s;cription, of every &s;um in Debt or Tre&s;pa&s;&s;e, of the &s;um of forty &s;hillings and over, <HI>Fitzh. fol.</HI> 20.</P>
<P>If fal&s;e judgment be given in Court of ancient Deme&s;|ne, the Tenant or Demandant &s;hall have fal&s;e judgement, which proves that it is Court-Baron, <HI>Fitzh. fol.</HI> 11.</P>
<P>Court of Pipowders is a Court of Record, <HI>Fitzh. fol.</HI> 18. <HI>H.</HI></P>
<P>Where the Courts hold Plea by pre&s;cription above
<PB N="188" REF="97">forty &s;hillings, they are Courts of Record, 6 <HI>Edw.</HI> 4. <HI>fol.</HI> 3.</P>
<P><HI>Mar&s;hal&s;ey</HI> is a Court of Record, for if they err, there lies a Writ of errour, 10 <HI>H.</HI> 6. <HI>fol.</HI> 13.</P>
<P>Where they have conu&s;ance of every &s;um, as in <HI>London,</HI> and in other Cities and Borroughs, are Courts of Re|cord, 2 <HI>H.</HI> 4. <HI>fol.</HI> 4.34. <HI>H.</HI> 6. <HI>f.</HI> 52. the &s;ame; and 45 E. 3. <HI>fol.</HI> 1.</P>
<P>Error lies where fal&s;e judgment is given in any Court of Record, as in the common Bench, or in <HI>London,</HI> or other City, or in other place, where they have power to hold Plea by Charter or pre&s;cription of every &s;um of forty &s;hillings and over, the&s;e are Courts of Record, <HI>Fitzh. fol.</HI> 20. <HI>D.</HI></P>
<P>Leets and Turns of the Sherif are Courts of Record, for that they are for the common-Wealth, <HI>Eitzh. fol.</HI> 82.10. <HI>H.</HI> 6. <HI>fol.</HI> 7. It is &s;aid that the Leet is a Coutt of Record, and for that he cannot wage his Law in Debt brought upon Amerciament in Leet.</P>
<P>The Kings Bench, Chancery, common Bench, and the Exchequer, are Courts of Record, for that, that no Judg may &s;it as Judge there without Letters Patents, Doctor and Student <HI>f.</HI> 11.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Ancient Deme&s;ne.</HEAD>
<HEAD TYPE="sub">In&s;omuch that a Court of ancient Deme&s;ne is a Court-Baron, let us &s;ee in what action brought at the Common Law, ancient Deme&s;ne is a good Plea, and in what not, and what action may be &s;ued in ancient Deme&s;ne, and what not.</HEAD>
<P>ANcient Deme&s;ne is no Plea in an action upon the Statute, <HI>R.</HI> 2. 2. <HI>H.</HI> 7. <HI>fol.</HI> 17.</P>
<P>It is no Plea in Tre&s;pa&s;&s;e, but in Replegiare and Writ of Ward, 46 <HI>Ed.</HI> 3. <HI>f.</HI> 1.</P>
<P>It is no Plea in Tre&s;pa&s;&s;e, 47 <HI>Ed.</HI> 3. <HI>fol.</HI> 22.</P>
<P>Ancient Deme&s;ne is a good Plea in Replegiare, and not in Tre&s;pa&s;&s;e, 40 <HI>Ed.</HI> 3. <HI>fol.</HI> 4.46. <HI>Ed.</HI> 3. <HI>fol.</HI></P>
<P>Plaint of fre&s;h force may be &s;ued in ancient Deme&s;ne, without a Writ of Right clo&s;e, as it &s;eems, but another
<PB N="189" REF="97">plaint of Land cannot be &s;ued there without a Writ of Right clo&s;e, 26 <HI>H.</HI> 6. <HI>fol.</HI> 5.</P>
<P><HI>Ke-di&s;&s;ei&s;in and Po&s;t-di&s;sei&s;in</HI> cannot be &s;ued in ancient Deme&s;ne, for the Sherif and Coroners cannot inquire there; but &s;aid that wa&s;te may be &s;ued there by a Right clo&s;e 32 <HI>H.</HI> 6. <HI>f.</HI> 29.</P>
<P>If a man bring wa&s;te at the common Law, it is &s;aid that ancient Deme&s;ne is a good Plea, 7 <HI>H.</HI> 6. <HI>fol.</HI> 37. and 8 <HI>H.</HI> 6. <HI>f.</HI> 83. The Opinion of all the Ju&s;tices, that it is a good Plea in wa&s;t, for that that by this recovery, judgment is to reco|ver the place wa&s;ted, and by this the Land &s;hall be frank Fee, 1 <HI>H.</HI> 4. <HI>fol.</HI> 5. The Lord in ancient Deme&s;ne cannot hold Plea in <HI>Redi&s;&s;ei&s;in</HI> and wa&s;te by <HI>Hull,</HI> for that, that the Sherif is Judge and not the Lord.</P>
<P>Warranty of Charters may be &s;ued at the common Law, and ancient Deme&s;ne is no Plea, for VVarranty is by Deed out of the L<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nd, <HI>Fitzh.</HI> 135.</P>
<P><HI>Juris utrum,</HI> at the common Law, ancient Deme&s;ne is no Plea, for he cannot have a (Right clo&s;e) for that, that Frank-almaigne cannot be held there, but the Tenure there is Socage, <HI>Abridg. A&s;s. fol.</HI> 16.6. <HI>Ed.</HI> 3. <HI>f.</HI> 20. the &s;ame, <HI>Sta|tham.</HI></P>
<P>Detinue of Charters at the common Law to plead an|cient Deme&s;ne, is no Plea, 13 <HI>Ed.</HI> 3. <HI>fol.</HI> 67. <HI>Statham.</HI></P>
<P><HI>Fitzh.</HI> 136. In a VVrit of Me&s;ne, ancient Deme&s;ne is a good Plea.</P>
<P>In <HI>(Quid juris clamat)</HI> brought at the common Law, to plead ancient Deme&s;ne is a good Plea, 20 <HI>Ed.</HI> 3. <HI>Statham fol.</HI> 20.</P>
<P>In an action upon the Statute of <HI>R.</HI> 2. brought at the common Law to plead ancient Deme&s;ne is no Plea, but in account or Replegiare it is a good Plea, 21 <HI>Edw.</HI> 4. <HI>fol.</HI> 3.</P>
<P>VVhere dammages are recovered in ancient Deme&s;ne, and Debt is brought in the common Bench upon the &s;ame dammages, it is no Plea for the Defendant to plead anci|ent Deme&s;ne, 39 <HI>H.</HI> 6. <HI>fol.</HI> 3.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="190" REF="98">
<HEAD>Ancient Deme&s;ne is a Court-Baron, and the Suitors are Judges.</HEAD>
<P>DEbt was brought in common Bench for dammages recovered in ancient Deme&s;ne, the Defendant pleads no &s;uch record, and is no Plea, for it is a Court-Baron, but no &s;uch recovery is good, 9 <HI>Ed.</HI> 4. <HI>fol.</HI> 44. <HI>B.</HI> 50. <HI>Booke.</HI></P>
<P>Suitors are Judges in ancient Deme&s;ne, 34 <HI>H.</HI> 6. <HI>fol.</HI> 38. <HI>Na. Bre. fol.</HI> 12. the &s;ame.</P>
<P>Suitors are Judges in ancient Deme&s;ne, and not the Bai|lifs, 12 <HI>H.</HI> 4. <HI>fol.</HI> 17.</P>
<P>Plea &s;hall not be removed out of ancient Deme&s;ne, unle&s;&s;e for fal&s;e Judgment, 13 <HI>H.</HI> 4. <HI>fol.</HI> 16. <HI>Fitzh. fol.</HI> 12. <HI>a</HI> the &s;ame, and that proves that this is a Court-Baron.</P>
<P>Suitors are Judges in ancient Deme&s;ne, for that it &s;hall not be removed, for that the Bailifs maintaine, 3 <HI>H.</HI> 4. <HI>fol.</HI> 16. See 6 H. 4. <HI>fol.</HI> 2.</P>
<P>Upon <HI>(Pone)</HI> to remove Plea out of ancient Deme&s;ne, the Sherif returns that the Suitors will not &s;end the Re|cord by which i&s;&s;ued a Di&s;tre&s;&s;e again&s;t the Suitors, 18 <HI>Ed.</HI> 3. <HI>Statham.</HI></P>
<P>Fal&s;e Judgment was brought in the common Bench up|on a judgment given in ancient Deme&s;ne, in a VVrit of Right clo&s;e, and though judgment was given in that in the common Bench, yet the Land &s;hall be ancient Deme&s;ne, as it was before.</P>
<P>By <HI>Knivet,</HI> Fine levied in ancient Deme&s;ne is nothing worth, for it is no Conrt of Record, but common recoveries are u&s;ed there to cut off an intaile, 50 <HI>A&s;s.</HI> 9. No Land may be pleaded there by right clo&s;e, and not el&s;e where.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>How Land in ancient deme&s;ne is made frank Fee for a time, and how for ever.</HEAD>
<P>DUring the time that Lands in ancient Deme&s;ne is in the hands of the King, it is Frank Fee, but if the King grant that over to hold of the Mannor againe, it is ancient Deme&s;ne againe, 21 Book of <HI>A&s;s.</HI> 13.</P>
<P><PB N="191" REF="98">If Recovery or Fine be in Common Bench of Land in ancient Deme&s;ne, the Land is Frank fee, till it be defea|ted by the Lord, by Writ of Deceit, and when that is defeat, it is void to bind the parties, 8 <HI>Ed.</HI> 4. <HI>fol.</HI> 6. See 3 H. 4. <HI>fol.</HI> 6. accordingly.</P>
<P>If the Tenant in ancient Deme&s;ne enfeoffe his Lord of the Mannour, being common per&s;on, and not King, the Lord&s;hip is Frank &s;ee for ever, 9 <HI>H.</HI> 6. <HI>fol.</HI> 24. <HI>B.</HI> 3 H. 4. <HI>fol.</HI> 16. the &s;ame.</P>
<P>Where the King gives Land of ancient Deme&s;ne, to hold in Franke Almaigne, that is Franke fee, 6 H. 4. <HI>fol.</HI> 2.</P>
<P>Where a Fine is in common Bench, of Land in ancient Deme&s;ne, is Frank fee; &s;o that after if a Recovery of that be in ancient Deme&s;ne, it is void (and before not a Judge) 7 H. 4. <HI>fol.</HI> 3. <HI>B.</HI> 7 H. 4. <HI>fol.</HI> 29. the &s;ame.</P>
<P>If the King was once &s;ei&s;ed of Land in ancient De|me&s;ne, and lett that for life, it is Frank fee for the time, 11 H. 4 <HI>fol.</HI> 84.</P>
<P>Where Land in ancient Deme&s;ne is forfeit to the King by attainder, and the King grants that over to an|other and his heires, now they are Frank fee for ever, 13 H. 4. <HI>fol.</HI> 7.</P>
<P>Where a Fine is levyed of Land in ancient Deme&s;ne, in the Common Bench, the Lord may defeat that by a Writ of Deceipt; and yet if he to whom the Fine was, <HI>&amp;c.</HI> hath a Relea&s;e, with confirmation of the party, made after the Fine, his E&s;tate is good, notwith&s;tanding that the Fine be defeated, <HI>Fitzh.</HI> 98. <HI>a.</HI></P>
<P>The Le&s;&s;or by his confirmation to his Tenant, may make the Land in ancient Deme&s;ne Frank fee, but if he confirme to hold by meaner &s;ervices, it is no Frank fee, 30 <HI>Ed.</HI> 3. <HI>fol.</HI> 16.</P>
<P>Where Land in ancient Deme&s;ne E&s;cheats to the Lord, for that, that the Tenant dyes without heire generall or &s;peciall, are Frank fee for ever, for he holds them now of the Lord Paramount, 18 <HI>Ed.</HI> 3. <HI>fol.</HI> 19.</P>
<P>If the Tenant in ancient Deme&s;ne, an&s;wer the action in <HI>Precipe,</HI> in the Common Bench, yet it is no Frank fee before Judgement given, 2 <HI>Ed.</HI> 4. <HI>fol.</HI> 26.</P>
<P>The Lord by his confirmation may alter the tenure, but not the e&s;tate of the Land, where he confirmes to hold at the Common Law, 49 <HI>Ed.</HI> 3. <HI>fol.</HI> 7.</P>
<P><PB N="192" REF="99">Fine at the common Law, recovery, or where he is in by the Kings Charter, or by feoffment of the Lord, the&s;e prove the Land frank Fee and not ancient Deme&s;ne, <HI>Fitzh. fol.</HI> 13. <HI>C.</HI></P>
<P>If the King be &s;ei&s;ed of Land in ancient Deme&s;ne, this is Frank fee, but if the King demi&s;e it to another, the Land is ancient Deme&s;ne again, 17 <HI>Ed.</HI> 3. <HI>fol.</HI> 52.</P>
<P>A man recovers in ancient Deme&s;ne Lands, which were at the common Law again&s;t a man by Verdict of a Jury, and he again&s;t whom the recovery was, brought an A&s;&s;i&s;e upon that, and awarded, that he &s;hould recover Sei&s;in, 30 <HI>Ed.</HI> 1. <HI>Tit. A&s;&s;i&s;e</HI> 379.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Note the tenure and tryall of ancient deme&s;ne, and who &s;hall plead ancient deme&s;ne.</HEAD>
<P>LAnds which are ancient Deme&s;ne are Soccage, <HI>Fitzh. fol.</HI> 11.</P>
<P>Tenants in ancient Deme&s;ne, are tho&s;e which hold of the Mannors which were in the hands of Saint <HI>Edward</HI> the Confe&s;&s;or, at the time that the Book of Doom&s;day was made; but the Lands written in that Book, to be in other mens hands, are not ancient Deme&s;ne, <HI>Fitz.</HI> 16. <HI>E.</HI></P>
<P>All the Lands which were in the &s;ei&s;in of Saint <HI>Edward</HI> the Confe&s;&s;or, when the Book of Doom&s;day was made, are called ancient Deme&s;ne, and the Lands in other hands, <HI>&amp;c.</HI> Frank fee, <HI>Natura brevium, fol.</HI> 14.</P>
<P>If the Land be ancient Deme&s;ne or not, &s;hall be try|ed by the Book of Doom&s;day, 49 <HI>Ed.</HI> 3. <HI>fol.</HI> 22. <HI>In Mon|&s;traverunt.</HI></P>
<P>A&s;&s;i&s;e, The Tenant pleads that the Land was ancient Deme&s;ne, and it was tryed by A&s;&s;i&s;e in the Book of <HI>Not|ting,</HI> and al&s;o <HI>North.</HI> 8 <HI>Ed.</HI> 2. <HI>Statham, fol.</HI> 20.</P>
<P>Triall of ancient Deme&s;ne is by the book of Doom&s;day, and by that it was certified that <HI>London</HI> was not ancient Deme&s;ne, 7 <HI>H.</HI> 6. <HI>fol.</HI> 34.</P>
<P>In A&s;&s;i&s;e of <HI>Mortdance&s;ter,</HI> ancient Deme&s;ne was tried by the Country, 8 <HI>Book A&s;s.</HI> 35. 9 <HI>Book A&s;s.</HI> 9. the &s;ame.</P>
<P>In A&s;&s;i&s;e, the tenant &s;aith that it was parcell of the Man|nor of <HI>B.</HI> which is ancient Deme&s;ne and the other &s;aith that it is not parcell, and upon this at i&s;&s;ue, and that was
<PB N="193" REF="99">tryed by A&s;&s;i&s;e, 12 <HI>Book of A&s;&s;i&s;es</HI> 18.22 <HI>Book. of A&s;&s;i&s;es</HI> 45. the &s;ame.</P>
<P>A&s;&s;i&s;e, none &s;hall plead ancient Deme&s;ne but he which is Tenant, and not the Di&s;&s;ei<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">or, 21 <HI>Book of A&s;s.</HI> 2.41 <HI>Ed.</HI> 3 <HI>tit.</HI> 22. the &s;ame.</P>
<P>If Land be in the book of Doom&s;day, written under the Title, Land of the Bi&s;hop, and not Land of the King, yet though it be in the book of Doom&s;day, it is no ancient Deme&s;ne, 40 <HI>Ed.</HI> 3. <HI>fol.</HI> 45.</P>
<DIV3 TYPE="section">
<HEAD>Form of Pleadings, that the Land is ancient Deme&s;ne, and how he &s;hall &s;ue for ancient Deme&s;ne, and for Copy-hold in ancient Deme&s;ne.</HEAD>
<P>BY <HI>Pri&s;ot,</HI> he which pleads ancient Deme&s;ne, &s;hall &s;ay that the Land is held of the Mannor of <HI>D.</HI> which is an|cient Deme&s;ne, and pleadable by a petty VVrit of Right clo&s;e from time out of minde, and demand judgment if the Court will acknowledge, 36 H. 6. <HI>fol.</HI> 18.</P>
<P>3. <HI>H.</HI> 6. <HI>fol.</HI> 48. But &s;ee by <HI>Thirne,</HI> and granted that frank Fee may be held of a Mannor of ancient Deme&s;ne, 11 <HI>H.</HI> 4. <HI>fol.</HI> 85.</P>
<P><HI>Precipe,</HI> the Tenant &s;aith that the Land was parcell of the Mannour of <HI>D.</HI> which is ancient Deme&s;ne and pleada|ble by petty VVrit of right clo&s;e, time out of minde, and demand judgment if the Court will acknowledge, and it is no Plea for the Demandant to &s;ay to that, that it is frank fee, for that, that it doth not gain&s;ay, but that the Mannor is ancient Deme&s;ne, and that this is parcell, but he ought to plead &s;pecially, how it is become frank fee, 41 <HI>Ed.</HI> 3. <HI>f.</HI> 22.12 <HI>Book of A&s;&s;.</HI> 16.22. <HI>Book of A&s;&s;.</HI> 45.</P>
<P>Right clo&s;e lieth alwaies between Plow-holders, and no Plow-holder may implead another Plow-holder of Lands in ancient Deme&s;ne, unle&s;&s;e by this VVrit; and &s;hall make in this his prote&s;tation to &s;ue in nature of what VVrit he will, as his ca&s;e is, <HI>Nat. Brevium fol.</HI> 11.</P>
<P>They call Tenants in ancient Deme&s;ne Sokemaines, <HI>Britton fol.</HI> 105.</P>
<P>Copy-holder of ba&s;e Tenure &s;hall not have a Right clo&s;e, but ought to &s;ue by Bill in the Lords Court, but co|py-holder in ancient Deme&s;ne of free-tenure &s;hall have that, <HI>Fitzh. fol.</HI> 11.</P>
<P><PB N="194" REF="100">The King &s;hall have yeare, day, and wa&s;t, of Lands in ancient Deme&s;ne, if it be &s;o that the Tenant have &s;old them again&s;t his Lords will, and yet not the Lands pa&s;t by &s;urrender, <HI>Stam. fol.</HI> 50. Note this is where the copy|holders in ancient Deme&s;ne have u&s;ed time out of minde to &s;ue for them by petty Writ of Right clo&s;e, and &s;o is 14 <HI>H.</HI> 4. <HI>fol.</HI> 1. by <HI>Hank</HI> and 14. <HI>H.</HI> 4 <HI>fol.</HI> 34. and &s;ee 3 <HI>Ed.</HI> 3. <HI>Br. tit.</HI> copy-hold 22. And in the&s;e &s;urrenders of Lands in ancient Deme&s;ne of frank tenure it is not u&s;ed to &s;ay, (to hold at the will of the Lord) in the&s;e copies, but (to hold according to the cu&s;tome of the Mannor) by the Services before due, and is not &s;aid there, (at the Will of the Lord.)</P>
<P>Ancient Deme&s;ne is Socage Tenure, for they are cal|led Sokemaines, <HI>Fitzh.</HI> 14. <HI>C.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>By what Writ Execution &s;hall be in ancient Deme&s;ne, and by what not, and &s;hall be free of Toll, &amp;c.</HEAD>
<P>EXecution of Writs in ancient Deme&s;ne cannot be, for that Execution is given by <HI>We&s;tm.</HI> 2. <HI>chap.</HI> 18. and that the Statute is, if they be ejected of tho&s;e Tenements they have to recover by a VVrit of new Di&s;&s;ei&s;in, 22 <HI>Book of A&s;&s;.</HI> 45.</P>
<P>Upon a Statute Merchant execution was awarded of Lands in ancient Deme&s;ne, <HI>Br. Tit.</HI> 37.</P>
<P>Debt again&s;t <HI>Heire,</HI> if he hath Lands in ancient Deme&s;|ne they &s;hall be charged as A&s;&s;ets, 7 <HI>H.</HI> 4. <HI>fol.</HI> 15.</P>
<P>Tho&s;e Tenants of ancient Deme&s;ne are quit of <HI>Toll,</HI> and pa&s;&s;ages for Goods &s;old and bought in Faires and Markets, and to be quit of Taxe and Tallage of Parlia|ment; unle&s;&s;e they be taxed by the Parliament, and to be quit of expences of Knights of Parliament, and &s;hall not be put upon Juries and Inque&s;ts out of ancient Deme&s;ne for Lands of ancient Deme&s;ne, <HI>Eitzh.</HI> 14.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="195" REF="100">
<HEAD>Court of Pipowders.</HEAD>
<HEAD TYPE="sub">Let us &s;ee the nature and authority of Court of Pipow|ders.</HEAD>
<P>COurt of Pipowders is a Court of Record and the Ste|ward is Judge, for that that there are no Suitors there, and for that error lieth there upon erronious judgment given, and not a VVrit of fal&s;e judgment, 6 <HI>Ed.</HI> 4. <HI>fol.</HI> 3.7 <HI>Ed.</HI> 4. <HI>fol.</HI> 23. That errour lieth there.</P>
<P>It was held that a Court of Pipowders may be by cu|&s;tome in a City without Faire or Market, and therefore where it was a&s;&s;igned for error upon a Record given in a Court of Pipowders, according to the cu&s;tome of the City held, <HI>&amp;c.</HI> And though it be not (in full Market or Faire) it was adiudged no errour, 13 <HI>Ed.</HI> 4. <HI>f.</HI> 8.</P>
<P>Tre&s;pa&s;&s;e of Goods taken, the Defendant iu&s;tifies as Bailif of the Town of <HI>Rippon,</HI> by vertue of a command of execution of a iudgment given again&s;t the Plaintif in Debt, in Court of the &s;aid Faire at <HI>Rippon,</HI> and for that, that the Plaintif did not make agreement for the Debt re|covered again&s;t him within ten daies, after iudgment gi|ven, he makes price of the Goods by Merchants of the Town of <HI>Rippon,</HI> and for that makes agreement with the party, and this Ju&s;tification was good, 20 Book of A&s;&s;i&s;e 90.</P>
<P>It was enacted that no Steward &s;hall hold Plea in this Court, unle&s;&s;e the Plaintif or his Attorney makes Oath that the fact or contract was made within the Faire, and if it were the contrary he &s;hould forfeit 100 <HI>s.</HI> 17 <HI>Ed.</HI> 4. <HI>chap.</HI> 2. <HI>tit. Faires the fourth.</HI></P>
<P>In Court of Pipowders the Plaintif or his Attorney &s;hall be examined by Oath if the matter ro&s;e within the Faire, and the Defendant al&s;o may pleade that this aro&s;e in a forrain place, 1 <HI>R.</HI> 3. <HI>chap.</HI> 6.</P>
<P>Debt in the common Bench again&s;t <HI>Mawd,</HI> and counts that he had recovered ten Markes again&s;t the &s;aid <HI>Mawd</HI> in Court of Pipowders at <HI>Everwick,</HI> and the Plaintif by <HI>Certiorare</HI> removes (the Tenor of the Record) in the Chancery, and from thence by <HI>(Mittimus)</HI> into the com|mon
<PB N="196" REF="101">Bench to have execution, and attachment was made upon the Originall, at the ninth houre, and he appears and pleaded, and a <HI>(Venire facias)</HI> went out, returnable at the third houre after the ninth, and &s;o in Court of Pi|powders the proce&s;&s;e is from houre to houre, 7 <HI>H.</HI> 6. <HI>fol.</HI> 19.</P>
<P>The book of Entries, <HI>fol.</HI> 167. See there the form of the Count and <HI>(Precipe)</HI> of &s;ummoning in this Court; and the Proce&s;&s;e of <HI>(Capias)</HI> and proceeding in Debt in this Court, and Debt again&s;t a Jaylor for e&s;cape in Title, Debt.</P>
<P>The book of Entries <HI>fol.</HI> 18. See <HI>(Scire facias)</HI> to have execution upon iudgment given in a Court of Pipowders, in an action of account brought there, and removed into the common Bench to have execution of that iudg|ment.</P>
<P>And it &s;eems breifly that nothing &s;hall be &s;ued here, unle&s;&s;e the contract or deed were made within the Precinct of the Faire or Market, as it appeares above, and for that Informations of penall Statutes ought not to be &s;ued in this Court, of things and Offences made out of Faires and Markets, as in&s;ufficient tanned Leather, carryed to be &s;old in Faires again&s;t the Statutes, al&s;o this Court is ordained only for ha&s;ty redre&s;&s;e of things there during the Faire.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Court of Mar&s;hal&s;ey.</HEAD>
<P>FIRST, In the booke called the Diver&s;ity of Courts <HI>fol.</HI> 110. It is &s;aid, that the Court called the <HI>Mar&s;hel|&s;ey</HI> is an ancient Court of Record, and made to have good government and order within the Kings Hou&s;e, for pre|&s;ervation of the King and his Servants, and to this Court are certaine bounds limited, by 13 <HI>R.</HI> 2. <HI>chap.</HI> 3. that in all places where the King in his own per&s;on &s;hall come and make &s;tay there, within the Verge limited to his Graces Court, that it &s;hall not pa&s;&s;e the &s;pace of twelve Miles to be accounted from his Lodging, <HI>Fitzh.</HI> 141. <HI>B.</HI></P>
<P>And in diver&s;ity of Courts it is &s;aid, that this Court hath power to inquire of Trea&s;on, Murder, and Felony, and to take appeales of them, and al&s;o of Maymes, if
<PB N="197" REF="101">they be made within the Verge, and between per&s;ons of the Kings Hou&s;e.</P>
<P>And &s;aid there al&s;o, that if one of the Hou&s;e of the King &s;ue another which is not of the Hou&s;e, he &s;hall plead to the Juri&s;diction of the Court, and if they will not this excep|tion allow, he &s;hall have a VVrit of Errour and that &s;hall be rever&s;ed in the Kings Bench, <HI>Fitzh.</HI> 242. <HI>A.</HI> Seek in tre&s;pa&s;&s;e:</P>
<P>And the Judges in this Court, are the Steward, and Mar|&s;hall of the Kings Hou&s;e, for in the&s;e is the order of the Kings Hou&s;e.</P>
<P>Note that by the Statute, <HI>Articuli &s;uper chartas, c.</HI> 3. that the Steward and the Mar&s;hall &s;hall hold no Plea of Free|hold, nor of Debt, Covenant, nor of any bargain made between any of the Kings People, but only of tre&s;pas made within the Kings Hou&s;e, or other tre&s;pa&s;&s;e made within the Verge, and of Contracts and Covenants, which one of the Kings Hou&s;e made with another in the &s;ame Hou&s;e, and not otherwhere. And they &s;hall plead no Plea of tre&s;pa&s;&s;e, except the parties were arre&s;ted by them before the King departed the Verge where the tre&s;pa&s;&s;e was committed, and they &s;hall plead &s;peedily from day to day, &s;o that it may be pleaded and determined, before the King depart out of the limits of the &s;ame Verge, where the tre&s;pa&s;&s;e was done, and if they cannot be determined within the limits of the Verge, the Pleas there &s;hall cea&s;e, and be determi|ned at the common Law, and the Steward &s;hall not take conu&s;ance of Debt nor of other things, but of &s;uch per|&s;ons only which are of the Kings Hou&s;e, nor &s;hall hold a|ny other Plea by obligation, and if they do any thing a|gain&s;t this Ordinance, let their doing be held for nothing, &s;ee, <HI>Fitzh.</HI> 241. <HI>B. D.</HI></P>
<P>10. <HI>H.</HI> 6. <HI>fol.</HI> 13. Action was brought upon this Statute, for that the Defendant impleads the Plaintif in the <HI>Mar|&s;hal&s;ey</HI> for tre&s;pa&s;&s;e, whereof one, nor the other was of the Kings Hou&s;e, and there it is granted by the Court, that of tre&s;pa&s;&s;e within the Verge, one or the other &s;hall be of the Hou&s;e, as well as of action there upon other contract: Seek, for it &s;eems otherwi&s;e by the words of the Statute, and it is u&s;ed now the contrary, diver&s;ity of Courts agrees as above, &s;ee the title of, 38 <HI>Brook.</HI></P>
<P>7 <HI>H.</HI> 6. <HI>f.</HI> 33. A VVrit was &s;ued upon the Statute <HI>(Articuli
<PB N="198" REF="102">&s;uper Chartas) Ed.</HI> 1. <HI>chap.</HI> 3. That none &s;hall be impleaded in the <HI>Mar&s;hal&s;ey</HI> if one party were not of the Kings Hou&s;e, there did aver the Defendant vext him, <HI>&amp;c.</HI> the other &s;aith no &s;uch record.</P>
<P><HI>Brook tit.</HI> Action upon the Statute 38. That the Mar|&s;hal&s;ey &s;hall not hold Plea of Contracts, unle&s;&s;e, as well the Plaintif as the Defendent are of the Kings Hou&s;e, for if it be otherwi&s;e the Defendant may plead to the Juri&s;dicti|on, and if the Plaintif remove out of the Kings Service, hanging the Plea, the Defendant may plead that, and a|bate the Juri&s;diction and the Plea, contrary if the Defen|dant remove out of the Kings Service, and there it was held though the tre&s;pa&s;&s;e made within the Verge lie there between any, though they be not of the Kings Hou&s;e, con|trary of Debt and Covenant, and therefore &s;eek of action upon the ca&s;e there between &s;trangers upon <HI>A&s;&s;ump&s;it,</HI> for it &s;eems that it is a Contract.</P>
<P>6 <HI>R.</HI> 2. <HI>Tit.</HI> 49. <HI>Br.</HI> Action upon the Statute, Debt upon Recovery of Dammages before the Mar&s;hall, in an action of Covenant before the Mar&s;hal, that is a good Plea to the Juri&s;diction, that none of the parties was of the Kings Hou&s;e at the time, <HI>&amp;c.</HI> For the Statute of <HI>(Articuli &s;u|per chartas) cap.</HI> 3. will as above, and therefore it is <HI>(coram non Judice)</HI> if it be otherwi&s;e.</P>
<P>19 <HI>Ed.</HI> 4. <HI>fol.</HI> 9. <HI>By Littleton,</HI> and not denied, where one is out-lawed in the common Bench without Originall, it is not void, but errour, but Judgement given in the Mar|&s;hal&s;ey between parties which are not of the Kings Hou&s;e, is voide, for they have no power to hold the Plea, and if execution of that Judgement be &s;ued, the other &s;hall have tre&s;pa&s;&s;e upon it.</P>
<P>Then for that, that the Statute of <HI>(Articuli &s;uper char|tas)</HI> afore&s;aid, limits what actions &s;hall be &s;ued in the Mar&s;hal&s;ey, it &s;eems that information upon penall Statutes &s;hall not be &s;ued there, for the Attorney of the Queen, nor informer &s;hall not inform there, and this is no Suite between the parties that the Statue of <HI>Artic.</HI> provides, and they are no &s;uch actions, and for that Mr. <HI>Poole</HI> Steward there, did well to reiect the informations of penall Sta|tutes afore&s;aid out of the Court, and in this Court and the Court of Pipowders the Suite is, <HI>J.S.</HI> complaines again&s;t <HI>J.D.</HI> and your information is, <HI>Memorandum,</HI> that &s;uch a
<PB N="199" REF="102">day <HI>J.S.</HI> came here into the Court, <HI>&amp;c.</HI> And gave the Court &s;o to under&s;tand that, <HI>&amp;c.</HI> And there is another form, and where there are diver&s;e Statutes which gives liberty to &s;ue for penalties in any Court of Record of the King by expre&s;&s;e wordes, yet it was never &s;een in any &s;uite by information, for &s;uch penalties in the Chancery, Court of Wards, Court of Reque&s;ts, for &s;uits there are by <HI>Engli&s;h</HI> Bills and matters of con&s;cience, and Leet is a Court of Record of the King, and yet no information &s;hal be there, and &s;o it &s;eems in a Court of Pipowders, &amp; they do not u&s;e in the&s;e Courts <HI>Engli&s;h,</HI> nor in Leet where the matters are by pre&s;entment of the Jury to be informed there, nor in Court of Pipowders, unle&s;&s;e the Lord hath the panalties by the Kings Grant, for in the&s;e Courts the attendance of the Kings Attorney is not requi&s;ite, and who &s;hall account and pay the King, his halfe in the&s;e Courts, and for that it is hard to &s;ue information there, &s;ee 44 <HI>Ed.</HI> 3. <HI>Tit.</HI> 1. Action populer <HI>B.</HI></P>
<P>And though that &s;ome Statutes by expre&s;&s;e words are, That it is lawfull to &s;ue for the&s;e penalties of Statutes, in any Court of the King, of Record, this is to be intended in &s;uch Courts which have been u&s;ed, as in the Common Bench, the Kings Bench, the Exchequer; and for that the Statute of <HI>Acton Burnell, fol.</HI> 136. is, That where an Extent upon a Statute Merchant is found too high; it is forthwith that the extenders &s;hall an&s;wer, for this is to be intended at the day of extent, and not forthwith, 2 <HI>H.</HI> 4. <HI>fol.</HI> 19. So this is taken by intendment, as above, 8 <HI>H.</HI> 4. <HI>fol.</HI> 11. Al&s;o the Statute of <HI>Donis condicionalibus,</HI> the letter is, That Fine by Tenant in taile (in right is no|thing) for that is to be taken as wi&s;e men have taken it, that is to &s;ay, That the I&s;&s;ue in taile be put to a <HI>Forme|don,</HI> and cannot enter, 11 H. 6. <HI>fol.</HI> 19.</P>
<P>Al&s;o the Statute of the yeare 8 H. H. 6. <HI>chap.</HI> 10. is, That upon Indictment &s;hall goe two <HI>Capias</HI> and <HI>Exigent,</HI> and that the &s;econd <HI>Capias</HI> &s;hall be with Proclamation, at a place which hath addition: If he be Indicted in another County then where he dwells, and it be not &s;o, the Out|lawry &s;hall be void; and this is taken by this Booke of 11 <HI>H.</HI> 6. <HI>fol.</HI> 19. It &s;hall be avoided by Writ of Errour, and not voyd, according to the expre&s;&s;e words of the Statute.</P>
<P><PB N="200" REF="103">Al&s;o it is not u&s;ed where Faires or Markets are granted, to grant to the Lords of that, forfeiture of penall Sta|tutes, that that is not granted to the Steward and Mar|&s;hall, and for the&s;e cau&s;es, Informations &s;hall not be &s;ued there.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Cu&s;tomes.</HEAD>
<P>It is &s;ayd that the fifth ground of the Law is particu|lar Cu&s;tomes, and for that Cu&s;tome is inquirable by the third Article, <HI>Doctor and Student, fol.</HI> 20.</P>
<DIV3 TYPE="section">
<HEAD>And for that it is expedient to &s;ay &s;ome thing of Cu&s;tomes, and fir&s;t to write &s;uch Cu&s;tomes to you, which I have &s;eene allowed between Copy-holders within Mannours, where I have been at Courts.</HEAD>
<P>FIr&s;t, <NOTE PLACE="marg">Heire.</NOTE> Cu&s;tome of &s;ome Mannor is, that the younge&s;t Son, or Daughter of the fir&s;t Wife, being marryed a Virgin, ought to inherite.</P>
<P>Cu&s;tome of &s;ome Mannor is, <NOTE PLACE="marg">Dower.</NOTE> That the Woman being e&s;pou&s;ed a Virgin, &s;hall have all the Copy-hold, whereof the Husband dyed &s;ei&s;ed, for her frank bench; but the Husband may alien all or part, without the Wife, and then &s;hee cannot claime Dower.</P>
<P>Cu&s;tome in &s;ome Mannor is, <NOTE PLACE="marg">Heire.</NOTE> among Copy-holders, that the younge&s;t Son &s;hall inherite, as in Borrough Engli&s;h, and if he have no Sonne, his younger Brother, as at <HI>Edmonton.</HI></P>
<P>Cu&s;tome of &s;ome Mannor is, <NOTE PLACE="marg">Heire.</NOTE> that all the Sons, and all the Brothers &s;hall inherite together, as in Gavel-kind at <HI>I&s;lington.</HI></P>
<P>Cu&s;tome of &s;ome Mannor is, <NOTE PLACE="marg">Heire.</NOTE> That if the Tenant dyes &s;ei&s;ed of five Acres or le&s;&s;e, then the younge&s;t Son ought to inherite, but if it be above, then all the Sons, as in Gavell-kinde, ought to inherite.</P>
<P>Cu&s;tome of &s;ome Mannor is, <NOTE PLACE="marg">Clivenor.</NOTE> If a Copy-holder &s;ur|render his Land to the u&s;e of a &s;tranger, that before the &s;tranger be admitted, Proclamation &s;hall be made in the Court thereof; and if the next of the blood will come in, or Clivenor Land mark, tho&s;e next adjoyning to the bar|gaine
<PB N="201" REF="103">from the Ea&s;t of the Son, and will pay &s;o much for the Land &s;urrendred, as hee which made the bargaine ought, together with all his co&s;ts, which had the Land &s;o &s;urrendred, and then the Bargainee &s;hall make Oath in Court what he payd, and that &s;hall be payd him forth|with in Court, and then the next of blood, or Clive|nor, which pay that &s;hall be admitted, and &s;hall have the Land.</P>
<P>Cu&s;tome in &s;ome Mannor is, Where &s;urrender is of Copy-hold made to him and his, that is an E&s;tate of In|heritance in Fee by the cu&s;tome, though it be not to him and his heires; And in &s;ome Mannor it is to him and his in Villainage, and yet it is a good E&s;tate of Inheritance by the cu&s;tome.</P>
<P>Cu&s;tome of &s;ome Mannor is, That &s;urrender may be made into the hands of the Bailiffe in the pre&s;ence of two Tenants witne&s;&s;ing that; and in &s;ome Mannor in the hands of two Tenants, to the u&s;e of him to whom, <HI>&amp;c.</HI> And in &s;ome Mannor, in the hands of one Tenant to the u&s;e of him which &s;hould have it; and all the&s;e are good cu&s;tomes, and allowed.</P>
<P>Cu&s;tome of &s;ome Mannor is, <NOTE PLACE="marg">Dower.</NOTE> that the Wife &s;hall have no Dower, nor the Husband &s;hall not be tenant by the curte&s;ie: And the cu&s;tome in &s;ome Mannor, that &s;he &s;hall have the third part of the Rent, and not any Land for her Dower, as at <HI>Bu&s;h.</HI></P>
<P>Cu&s;tome in &s;ome Mannor is, <NOTE PLACE="marg">Surrender</NOTE> that &s;urrender may be made into the hands of a tenant, in the pre&s;ence of other per&s;ons, to the u&s;es, <HI>&amp;c.</HI> and is good.</P>
<P>Tenant at will by the common Law, <NOTE PLACE="marg">Wa&s;te.</NOTE> may cut Trees to repaire his Hou&s;es, and al&s;o may take Hou&s;e-boot, Hedge-boot, and Plough-boot, and all this Tenant by Copy may doe: And by the cu&s;tome in diver&s;e Mannors, copy-holder may cut his Trees and Wood, and &s;ell it at his plea&s;ure; and al&s;o to &s;uffer the Hou&s;es to decay, and yet it is not forfeiture, as it is at <HI>I&s;lington.</HI></P>
<P>Cu&s;tome of &s;ome Mannor is, <NOTE PLACE="marg">Lea&s;e.</NOTE> that copy-holder may let that by Indenture for three yeares, without licen&s;e of the Lord, and in &s;ome for nine yeares, and in &s;ome Mannor for more, and in &s;ome Mannor hee may let from three yeares to three yeares, to the terme of one and twenty yeares, and is no forfeiture.</P>
<P><PB N="202" REF="104">Cu&s;tome of &s;ome Mannor is, <NOTE PLACE="marg">Harriot.</NOTE> that where the copy-hol|der is Inheritable, that the heire &s;hall choo&s;e the be&s;t Bea&s;t, and the Bailiffe of the Lord &s;hall &s;ei&s;e two of the next be&s;t Bea&s;ts, and for a Cottage, two &s;hillings in Silver, for Harriot &s;hall be payd and no Bea&s;t.</P>
<P>Cu&s;tome of &s;ome Mannor is, <NOTE PLACE="marg">Fine.</NOTE> to pay &s;ix &s;hillings eight pence for a Harriot, and no Bea&s;t.</P>
<P>Cu&s;tome of &s;ome Mannor is, <NOTE PLACE="marg">Ward.</NOTE> that a copy-holder pay but one penny for a Fine, though there be a hundred Acres, or more; and in &s;ome Mannor, &s;ix &s;hillings eight pence for every dwelling Hou&s;e, and al&s;o for every Acre &s;ix &s;hillings eight pence, and for every Cottage &s;ix &s;hillings eight pence, and al&s;o &s;ix &s;hillings eight pence for every Hamp&s;ell; that is, an ancient Hou&s;e or Cottage decayed, &s;ix &s;hillings eight pence: And in every Mannor the Fine is uncertaine, but yet the Lord there &s;hall not take more for his Fine, then hath heretofore been taken for a Fine; and if he doe otherwi&s;e, the remedy for the copy-holder, is in the Chancery again&s;t his Lord.</P>
<P>Cu&s;tome of &s;ome Mannor is, that if copy-holder dyes, his heire within age, the cu&s;tome in mo&s;t Mannors is, that the cu&s;tody &s;hall be committed by the Lord to the next of blood, to whom the Land cannot de&s;cend: And in &s;ome Mannors, the Bailiffe of the Lord &s;hall have the cu|&s;tody, and render the heire an account at fourteene years of the profits; and by the cu&s;tome in &s;ome Mannor, at fourteene yeares, the heire may choo&s;e to him a Guar|dian.</P>
<P>Cu&s;tome in &s;ome Mannor is, <NOTE PLACE="marg">Workmen.</NOTE> to have certaine dayes of labour, in harve&s;t for a day or two dayes; and in &s;ome Mannor he &s;hall pay foure pence for every day labour of that.</P>
<P>Cu&s;tome of &s;ome Mannor is, <NOTE PLACE="marg">Releife.</NOTE> that he &s;hall pay for Re|leife upon a di&s;cent, but halfe that which is due by com|mon Law, as if he hold by &s;ix pence, he &s;hall pay but three pence for Releife; but yet he ought to pay that releife by the cu&s;tome: Al&s;o if he come in by Purcha&s;e, he ought to pay in the like manner, halfe his Rent as a|fore is &s;ayd; that is to &s;ay, three pence, where his Rent was &s;ix pence.</P>
<P>Cu&s;tome of &s;ome Mannor is, to pay but one penny for releife, and not more nor le&s;&s;e, though his Rent be ten &s;hillings.</P>
<P><PB N="203" REF="104">Cu&s;tome in &s;ome Mannor is, <NOTE PLACE="marg">Dower.</NOTE> that if a man marry a Mayd, and dye &s;ei&s;ed of copy-hold, this Wife &s;hall have all the Land during her life, for her Dower; but if hee marry a Widdow, and dye &s;ei&s;ed, &s;hee &s;hall have no Dower.</P>
<P>Cu&s;tome of &s;ome Mannor is, that if one were no copy|holder of that Mannor before, and purcha&s;e Lands, at fir&s;t the Fine is arbitrable and granted at the will of the Lord; but he nor his heires after &s;hall pay no Fine, but &s;hall be admitted free, without paying Fine for all the Lands which he after purcha&s;eth within the Mannor.</P>
<P>If a man let to three for life, to have &s;ucce&s;&s;ively, yet this is a Joynt E&s;tate, and (&s;ucce&s;&s;ively) is void; but by cu&s;tome of copy-hold (&s;ucce&s;&s;ive) holds place, and one &s;hall have it after the other, 30 <HI>H.</HI> 8. <HI>tit. Lea&s;es</HI> 54.</P>
<P>And note that you doe not &s;ay, as many u&s;e to &s;ay, that there is &s;uch a cu&s;tome, when they &s;ee the Law to be contrary to their intent, as diver&s;e Stewards doe, when for favour that they beare to one party, will ayde him by cu&s;tomes when there is no &s;uch cu&s;tome to helpe him.</P>
<P>And I have heard a Steward &s;ay, By the cu&s;tome of a Mannor a Wife is dowable, and by the cu&s;tome that &s;hall be a&s;&s;igned by the Homagers, without plaint in na|ture of Dower again&s;t the Tenant of the Land, and with|out an&s;wer of the Tenant, and without any proce&s;&s;e made again&s;t him, contrary to <HI>Forte&s;cue, fol.</HI> 85. which is, That none is to be &s;ued but by the Law: And the ca&s;e was this, That the Husband before that he tooke a Wife, made an E&s;tate for life, re&s;erving Rent, and after he took a Wife and dyed, &s;o that by the Law the Wife is not Dowable of the Land; much more, &s;hee &s;hall not be a&s;&s;igned there by the Homagers; but &s;aith the Steward in &s;uch a ca&s;e, &s;hee is by the cu&s;tome of this Mannor dowable in this ca&s;e; and &s;uch blinde and unrea&s;onable cu&s;tomes are al|leadged many times among&s;t copy-holders, where there is no Pre&s;ident nor u&s;age in this ca&s;e to be &s;hewed.</P>
<P>But you ought not to allow any cu&s;tome, but that which hath been u&s;ed from time to time, and from time out of minde, and there ought to be Pre&s;idents in the Court-Rolls, or good proofe of that to be &s;hewed to the Court
<PB N="204" REF="105">accordingly, otherwi&s;e it is not to be allowed for a cu|&s;tome.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>And for that, that you ought to note, what cu&s;tome ought to have lawfull beginning, as might take lawfull effect by Grants at the beginning, for if it be again&s;t common right and rea&s;on, it is not good; and for that you ought to regard the&s;e Grounds and Cu&s;tomes.</HEAD>
<P>FIr&s;t, That it be rea&s;onable, 2 <HI>H.</HI> 4. <HI>tit.</HI> 10. And for that cu&s;tome that no Tenant of the Mannor, put in his Bea&s;ts, to u&s;e his common in Feilds &s;owed, after the corne is taken off, till the Lord hath fir&s;t put in his Bea&s;ts, is not good; for it may be the Lord will not put in his Bea&s;ts, and then the Tenants &s;hall loo&s;e their profits.</P>
<P>Al&s;o that it be according to common right, 42 <HI>Ed.</HI> 3. <HI>fol.</HI> 4. Pre&s;cription of the Sheriffe, that the Tenants of the place, ought to give to the Sheriffe for ea&s;ement, for reward at the Turne of the Sheriffe, halfe a Marke, and this is again&s;t common right, for every gift cometh upon his liberality, and at the will of the giver; and for that it is not good; and al&s;o &s;aith, that the Sheriffe cannot pre&s;cribe.</P>
<P>Al&s;o that it be upon good con&s;ideration, 42 <HI>Ed.</HI> 3. <HI>fol.</HI> 4. In the ca&s;e next before, where the Sheriffe pre&s;cribes, 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 con&s;ideration: And as 5 <HI>H.</HI> 7. <HI>fol.</HI> 9. pre&s;cription, that if any pa&s;ture Sheep upon his Land by day, that hee may have Foldage of them in the night upon his Land, it is good, for it is with con&s;ideration.</P>
<P>And you ought to note, that pre&s;cription, cu&s;tome, and u&s;age, are as Brothers, and yet &s;ome thing they differ in their natures, for Pre&s;cription is, when by continuance of time out of memory, one particular per&s;on hath par|ticular right again&s;t another particular per&s;on.</P>
<P>And cu&s;tome is, where by continuance of time out of memory, one right is had concerning diver&s;e per&s;ons; and u&s;age is, by continuance of time, the efficient cau&s;e of them both, and u&s;age is the life of Pre&s;cription and cu&s;tome; for Pre&s;cription and cu&s;tome have their being by u&s;age of time out of mind, <HI>&amp;c.</HI></P>
<P><PB N="105" REF="105">Cu&s;tome or pre&s;cription that every one which breaks the Lords pound &s;hall pay three pound nine pence, is not good again&s;t a Stranger to the Lord, but that every tenant which breakes the pound &s;hall pay three pound nine pence to the Lord, is good, for the Lord may give the Tenements of his Tenant to hold by &s;uch, <HI>&amp;c.</HI> 11 <HI>H.</HI> 7. <HI>fol.</HI> 14. So that at the beginning the Lord may create the&s;e cu&s;tomes a|fore&s;aid among&s;t copy-holders.</P>
<P>Cu&s;tome to pre&s;cribe to have u&s;ed fold-gate in the night for pa&s;ture in the day, is good, for it is (one for a|nother) and it is with common right, 5 <HI>H.</HI> 7. <HI>f.</HI> 9.</P>
<P>Cu&s;tome that the Tenant of time out of minde, hath u|&s;ed to pay &s;o much for the Marriage of his Daughter, is good 43 <HI>Ed.</HI> 3. and 6. but <HI>Littleton fol.</HI> 46. contrary.</P>
<P>Cu&s;tome or pre&s;cription again&s;t common Right, is not good, and for that, that it hath been u&s;ed in Leet, that if the petty twelve pre&s;ent fal&s;e, and the other twelve inquire of that, and finde that fal&s;e, &s;hall be amerced, is not good, the &s;ame Law for the Lord of the Leet, which hath no Land to pre&s;cribe to be Lord of Wa&s;te, 9 <HI>H.</HI> 6. <HI>fol.</HI> 44.</P>
<P>Cu&s;tome or pre&s;cription of folding Sheep in the night gathered to the Fold, is not good, unle&s;&s;e it be as above for their pa&s;ture, 46 <HI>Ed.</HI> 3. <HI>fol.</HI> 13.</P>
<P>Cu&s;tome or pre&s;cription that one may keep the di&s;tre&s;&s;e till he be &s;atisfied at his Will, is not good, for it is again&s;t common right, <HI>Lit. fol.</HI> 46.5. <HI>H.</HI> 7.9.</P>
<P>Cu&s;tome or pre&s;cription, that one &s;hall have the Land to plow and &s;ow, and when the Corn is carryed, another may have that as his &s;everall, is good, time of <HI>Ed.</HI> 2. <HI>Tit.</HI> pre|&s;cription, 55.</P>
<P>Cu&s;tome or pre&s;cription to have Toll through, which is in the high-way is not good, for it is again&s;t common Right, but to have Toll travers, is good, 22 <HI>Book of A&s;&s;i&s;e,</HI> 58.</P>
<P>Cu&s;tome or pre&s;cription to have Warren in his Signio|ry Lands is good, but not of Lands which are not held of him, 3. <HI>H.</HI> 6.13.43. <HI>Ed.</HI> 3.13. and &s;ee 44 <HI>Ed.</HI> 3.13.</P>
<P>Cu&s;tome is good which is not again&s;t the Law of Rea&s;on nor the Law of God, as cu&s;tomes of Gavelkinde, and Bo|rough <HI>Engli&s;h,</HI> and Doctor and Student, <HI>fol.</HI> 20. <HI>B.</HI></P>
<P>Cu&s;tome that every Tenant of the Mannor, ought to
<PB N="206" REF="106">pay two Markes for Releife, hold they more or le&s;&s;e, is good, 40 <HI>Ed.</HI> 3. <HI>f.</HI> 6.</P>
<P>Cu&s;tome that the Tenants of the Mannor time out of minde, have u&s;ed to choo&s;e a Beadle for them, to gather the Lords Rents, is good, 44 <HI>Ed.</HI> 3. <HI>fol.</HI> 13.</P>
<P>Cu&s;tome that none of the Town of <HI>D.</HI> &s;hall put in their Bea&s;ts into the Feild after the corn taken off, untill the Fea&s;t of S. <HI>Michaell</HI> is a good cu&s;tome of the Town, after 46 <HI>Ed.</HI> 3. <HI>fol.</HI> 24.</P>
<P>But cu&s;tome that none &s;hall put his Bea&s;ts into the Feilds after the corn &s;evered and carryed, before the Lord put in his Bea&s;ts is not good, for paradventure the Lord will never put in his Bea&s;ts, 2 <HI>H.</HI> 4.24.</P>
<P>Cu&s;tome of the Town of <HI>Barton,</HI> or of a Mannor, that a Wife &s;hall have all the Land of her Husband for her dow|er, or a halfe, or fourth part, is a good cu&s;tome, 2 <HI>Ed.</HI> 4.17. and 21 <HI>Ed.</HI> 4. <HI>fol.</HI> 64. by <HI>Choke.</HI></P>
<P>It is held that cu&s;tome, throughout the whole King|dome is common Law, and one cannot pre&s;cribe that it is a cu&s;tome throughout the whole Kingdome, but it is a cu|&s;tome in &s;uch a City or &s;uch a County, 34 <HI>H.</HI> 8. <HI>Tit.</HI> cu&s;tome 59.30 <HI>Ed.</HI> 3.25. 2 <HI>H.</HI> 4. <HI>fol.</HI> 18. cu&s;tome of County, 21 <HI>Ed.</HI> 4.54.</P>
<P>Cu&s;tome of the Town which is no Burrough nor corpo|ration allowed there, but &s;ee, 4 <HI>Ed.</HI> 3.38. in a rea&s;onable part, and &s;ee 21. <HI>Ed.</HI> 4. <HI>f.</HI> 53. and 54.40 <HI>Book of A&s;.</HI> 27. and 45 <HI>A&s;.</HI> 48. again&s;t the cu&s;tome of the Villiage.</P>
<P>That he hath been by pre&s;cription the keeper of a Wood, and cu&s;tome to have of every comer a mea&s;ure of work, or three pence, and of every one which hath a Gate into the Wood, a Hen is a cu&s;tome allowed, 11 <HI>H.</HI> 6.2.</P>
<P>Cu&s;tome or pre&s;cription to have Hou&s;e-boote in the Lords Wood, is good, but not to have Wood to &s;ell, 11 <HI>H.</HI> 6. <HI>f.</HI> 11.</P>
<P>Cu&s;tome that within the Mannor of <HI>D.</HI> the Wife &s;hall have the whole Land of her Husband in Dower, while&s;t he is unmarried, and if &s;he marry, that &s;he &s;hall forfeit that, is good and allowable, 21 <HI>A&s;s.</HI> 11.</P>
<P>Cu&s;tome that a Woman covert may demi&s;e and &s;urren|der her Copy-hold to the u&s;e of her Husband, this cu|&s;tome is not allowable; but cu&s;tome that an Infant at his age of di&s;cretion may &s;urrender his copy-hold, that is
<PB N="207" REF="106">good; but contrary of an Infant within age of di&s;cretion to make a &s;urrender.</P>
<P>21 <HI>H.</HI> 7. <HI>fol.</HI> 26. Lord to pre&s;cribe that every Tenant of his Mannor ought to Impound di&s;tre&s;&s;e&punc; taken within his Mannor, in his Pound, is not good, for he may Im|pound in his owne Land.</P>
<P>8 <HI>Ed.</HI> 4. <HI>fol.</HI> 19. Tho&s;e which are Fi&s;hets in the Sea, may pre&s;cribe to goe upon the Land adjoyning to the Sea to Fi&s;h, for that is for the Common wealth, but to digg to fix the Stakes to dry their Nets, is again&s;t common right, and is not good.</P>
<P>21 <HI>Ed.</HI> 4. <HI>tit.</HI> 50. Cu&s;tome to turne his Plough upon the head-land of another, is a good cu&s;tome.</P>
<P>40 <HI>Edw.</HI> 3. <HI>fol.</HI> 9. Cu&s;tome to pay to the Lord five Marks for Releife, and not more, hold he more or le&s;&s;e, is good.</P>
<P>44 <HI>Ed.</HI> 3. <HI>fol.</HI> 13. Cu&s;tome that the Tenants ought to choo&s;e a Beadle among&s;t them, to geather the Lords Rents, is good.</P>
<P>2 <HI>Mar. tit. Pre&s;cription, B.</HI> 100. Cu&s;tome may be al|leadged, where there is no per&s;on that may pre&s;cribe, as Inhabitants cannot pre&s;cribe, but alleadge cu&s;tome there, to have Common in <HI>D.</HI> for one goes with the per&s;on and another with the place; and pre&s;cription with the per&s;on, by 21 <HI>H.</HI> 7. <HI>fol.</HI> 13. that is, That all the Tenants have u&s;ed to pay after their death a Harriot, is not good, but that the Lord hath u&s;ed to have after the death, <HI>&amp;c.</HI> he may pre&s;cribe.</P>
<P>18 <HI>H.</HI> 8. <HI>fol.</HI> 2. Inhabitants, by <HI>Fitzherbart,</HI> cannot pre&s;cribe to have Common; but the Lord may pre&s;cribe for him and his Tenants, <HI>&amp;c.</HI> of time out of minde, <HI>&amp;c.</HI></P>
<P>7 <HI>Ed.</HI> 4. <HI>fol.</HI> 24. It &s;eemes that Inhabitants cannot pre|&s;cribe to Intercommon, becau&s;e of Neighbourhood, but Inhabitants may pre&s;cribe to have ea&s;ement; that is to &s;ay, That they have a way, or other thing of ea&s;ement, but not to take profit.</P>
<P>12 <HI>Ed.</HI> 4. <HI>fol.</HI> 2. It &s;eemes by <HI>Cate&s;by,</HI> that the Inhabi|tants of <HI>D.</HI> may pre&s;cribe, that they have u&s;ed to pay but three pence for Toll.</P>
<P>18 <HI>Ed.</HI> 4. <HI>fol.</HI> 3. It is &s;ayd, that the Inhabitants of <HI>D.</HI> cannot pre&s;cribe that they have u&s;ed to have Common in
<PB N="208" REF="107">anothers Freehold, but that they have u&s;ed to have a way, 15 <HI>Ed. fol.</HI> 28. the &s;ame.</P>
<P>40 <HI>Ed.</HI> 4. <HI>fol.</HI> 18. Schollers of <HI>Oxford,</HI> and Ju&s;tices of A&s;&s;i&s;e may pre&s;cribe to have principall of Hou&s;es, not|with&s;tanding they are not corporate, for that they are for the Common wealth.</P>
<P>26 <HI>H.</HI> 8. <HI>fol.</HI> 6. Pari&s;honers may pre&s;cribe to choo&s;e two Church-wardens of a Church, every yeare, and good.</P>
<P>11 <HI>Ed.</HI> 4. <HI>fol.</HI> 2. Serjeants at the Law may pre&s;cribe that they have u&s;ed to be Impleaded by Originall, and not by Bill, and &s;o pre&s;cribe in u&s;age.</P>
<P>20 <HI>Ed.</HI> 4. <HI>fol. ult.</HI> Officer which hath his Office at will, may pre&s;cribe, as Cheife Ju&s;tice of the Bench, and other, which have u&s;ed to give Offices.</P>
<P>22 <HI>Ed.</HI> 4. <HI>fol.</HI> 18. The Lord Chancellor of <HI>England,</HI> which is at will may pre&s;cribe in u&s;age; that is, to pre&s;ent to all Benefices under forty Marks, which are in the Kings right; but he ought to pre&s;cribe in his Office; that is, that all Chancellors, <HI>&amp;c.</HI> and &s;o many Ju&s;tices pre&s;cribe, 20 <HI>H.</HI> 6. <HI>fol.</HI> 9. the &s;ame.</P>
<P>12 <HI>H.</HI> 7. <HI>fol.</HI> 14. Officers may pre&s;cribe that they and all the Officers who&s;e E&s;tate, <HI>&amp;c.</HI> Have u&s;ed and &s;o forth, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Note how one &s;hall have a Rent or a thing which cannot be granted without Deed by pre&s;cription.</HEAD>
<P>13 <HI>Book of A&s;&s;.</HI> 4. Rent was recovered by Verdict in A&s;|&s;i&s;e, where the A&s;&s;i&s;e found, that he and tho&s;e who&s;e E|&s;tate he hath, were &s;ei&s;ed of time out of minde, and &s;o note, Rent recovered by title of pre&s;cription, and the party &s;hews a deed by which he purcha&s;ed the Rent, but not a Deed of the beginning of it.</P>
<P><HI>Littleton fol.</HI> 34. &s;aith, Such things which cannot be gran|ted nor aliened, without Deed or Fine, a man which will have things by pre&s;cription, he cannot otherwi&s;e pre&s;cribe, but in him and his Ance&s;tors who&s;e Heire he is, and not in him, and tho&s;e who&s;e E&s;tate he hath, for that, that he cannot have his E&s;tate without Deed or other writing, which he ought to &s;hew.</P>
<P>12 <HI>H.</HI> 7. <HI>fol.</HI> 14. One avows for that, that he and all tho&s;e who&s;e E&s;tate he hath in the Hundred have view of Frank
<PB N="209" REF="107">pledge, and that by rea&s;on of ten Acres within that, he ought to make Suite at the view, <HI>&amp;c.</HI></P>
<P>22 <HI>Book of A&s;&s;.</HI> 53. <HI>A&s;&s;.</HI> One makes Title to Rent, that he and his Ance&s;tors, Lords of the Mannor of <HI>D.</HI> and tho&s;e who&s;e E&s;tate he hath, of time out of minde, have u|&s;ed the Rent, and this is good without &s;hewing a Deed of purcha&s;e of that, being appurtenant to the Mannor.</P>
<P>11 <HI>H.</HI> 6. <HI>f.</HI> 14. To &s;ay that he is &s;ei&s;ed of a Me&s;&s;uage, and twenty Acres, and to pre&s;cribe that he and all tho&s;e, <HI>&amp;c.</HI> have u&s;ed Hou&s;e-boote and Wood to &s;ell, it is not good, to pre&s;cribe to &s;ell it.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Cu&s;tome &s;hall be taken &s;trictly.</HEAD>
<P>Cu&s;tome of <HI>London</HI> is, that a Citizen and a Free-man may devi&s;e in Mortmaine, but a Citizen which is a for|rainer, cannot devi&s;e in Mortmain, for it &s;hall be taken &s;trictly, 5 <HI>H.</HI> 7. <HI>f.</HI> 10.</P>
<P>5 <HI>H.</HI> 7. <HI>fol.</HI> 41. Cu&s;tome that an Infant of the age of fif|teen years may make a Feoffment, yet a Lea&s;e and Relea&s;e which mounts to &s;o much, is not good.</P>
<P>22 <HI>Ed.</HI> 4. <HI>Tit.</HI> 17. Infant by cu&s;tome of Gavelkinde at the age of fifteen may make a Feoffment, yet he cannot make a Will upon the &s;ame Feoffment, for cu&s;tome &s;hall be taken &s;trictly.</P>
<P><HI>Perkins f.</HI> 83. Where the cu&s;tome is, that the Wife &s;hall have halfe the Lands of her Husband for her Dower, yet &s;hee &s;hall not have the halfe of a Faire or a Bailiwick, for they are not Lands and &s;hall be taken &s;trictly.</P>
<P>38 <HI>A&s;&s;.</HI> 18. By the cu&s;tome of <HI>London</HI> a Citizen may devi&s;e Lands which are within the &s;ame City in Mortmain, but not Lands out, and Forrainer cannot devi&s;e Land in <HI>London</HI> in Mortmaine.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Co&s;ts again&s;t the Plaintiffe.</HEAD>
<P>THat in every Court in tre&s;pa&s;&s;e upon the Statute of, 5 <HI>R.</HI> 3. <HI>chap.</HI> 7. Debt, covenant by &s;pecialty or upon con|tract, Detinue of Goods, account, action upon the ca&s;e, or upon the Statute, for per&s;onall wrong ought to be reme|died,
<PB N="110" REF="108">if after appearance of the Defendant the Plaintiff be non&s;uited or a Verdict pa&s;&s;e again&s;t him, the Defendant &s;hall recover his co&s;ts, 23 H. 8. <HI>chap.</HI> 15.</P>
<P>If any be troubled by attachment or arre&s;ted by <HI>Latitat,</HI> or in <HI>London,</HI> or in a Court which hath liberty to hold Plea, and no Count be put in within three daies after the Baile put in, otherwi&s;e appeares (unle&s;&s;e the Court of di&s;cretion gives longer day) the Defendant &s;hall recover co&s;ts and dammages, the &s;ame Law is if a Suite be di&s;continued af|ter Count, or that the Plaintiff be non-&s;uited, then the De|fendant forthwith by di&s;cretion of the Court &s;hall recover co&s;ts, and the Statute gives Debt for the co&s;ts, 8 <HI>Eliz. Chap.</HI> 2.</P>
<P>But one arre&s;ted by Bill of <HI>Middle&s;ex,</HI> &s;hall not recover co&s;ts though the Plaintiff do not count to be non&s;uited.</P>
<P>If a matter pa&s;&s;e again&s;t an Informer by Verdict or Judg|ment, the party &s;hall have co&s;ts, and &s;hall have execution by a <HI>Capias</HI> to &s;atisfie <HI>fieri facias,</HI> or <HI>Elegit,</HI> but the&s;e two la&s;t Statutes do not extend to a Court-Baron, 18 <HI>Eliz. C.</HI> 5.</P>
<P>22 <HI>H.</HI> 8. <HI>B. Tit. Co&s;ts</HI> 25. in <HI>(quare impedit)</HI> the Plaintiff &s;hall not recover co&s;ts, for that the dammages are great, 35 <HI>H.</HI> 8. <HI>Tit.</HI> 258.</P>
<P>2 <HI>Ma. Tit. Co&s;ts</HI> 23. Debt by Le&s;&s;or, if he be non-&s;u|ted or bar'd, the Defendant &s;hall recover co&s;ts by the Sta|tute, for it is upon a contract for Rent.</P>
<P>2 <HI>H.</HI> 7. <HI>f.</HI> 13. Account, the Plaintiff &s;hall not recover co&s;ts, but where the Defendant is adjudged to account, and pleads Barr, <HI>&amp;c.</HI> It is otherwi&s;e.</P>
<P>9 <HI>H.</HI> 6. <HI>fol.</HI> 66. He &s;hall not recover co&s;ts, for that the dammages are tremble by the Statute, 14 H. 6. <HI>fol.</HI> 13. for|cible entry the &s;ame.</P>
<P>In <HI>London</HI> by act of common Councell in tre&s;pa&s;&s;e by force of Armes, and in all other Actions per&s;onalls, if the Plaintiff be non-&s;uited, or a Verdict again&s;t him, and Judgment upon it, or Judgement upon demur again&s;t him, the Defendant &s;hall recover his co&s;ts by di&s;cretion of the Court, but if the Plaintiff &s;ue as Executor or Admini&s;tra|tor, which is not upon his own act, the Defendant there &s;hall not recover co&s;ts, and yet tre&s;pa&s;&s;e (by force of Armes) is not within the Statute, 23 <HI>H.</HI> 8. <HI>chap.</HI> 14. to have co&s;ts.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="211" REF="108">
<HEAD>Damages.</HEAD>
<P>IT &s;eems if one take my Bea&s;ts, and after they return to me again, I &s;hall have tre&s;pa&s;&s;e for taking, but upon the evidence I &s;hall not recover the value, though the value be in the Writ, 11 <HI>H.</HI> 4. <HI>fol.</HI> 23. 1 <HI>H.</HI> 6. <HI>fol.</HI> 8. 19 <HI>H.</HI> 6. <HI>fol.</HI> 34.</P>
<DIV3 TYPE="section">
<HEAD>In what plaints Damages &s;hall be recovered in Court-Ba|rons, and in what ca&s;es in Court-Barons and other Courts, and in what not.</HEAD>
<LIST>
<ITEM>In plaint in nature of</ITEM>
<ITEM>A&s;&s;i&s;e of novell di&s;&s;ei&s;in,</ITEM>
<ITEM>Grandfather and Great Grandfather.</ITEM>
<ITEM>Entry by di&s;&s;ei&s;in,</ITEM>
<ITEM>Dower,</ITEM>
<ITEM><HI>Nuper obiit,</HI></ITEM>
<ITEM><HI>Mortdance&s;ter.</HI></ITEM>
<ITEM>Cozenage.</ITEM>
<ITEM>Replegiare.</ITEM>
<ITEM>Covenant.</ITEM>
<ITEM>Debt.</ITEM>
<ITEM>Action upon the Ca&s;e.</ITEM>
<ITEM>Deceit and tre&s;pa&s;&s;e.</ITEM>
</LIST>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Damages and co&s;ts &s;hall be recovered by the Plaintiffe.</HEAD>
<P>Eight Marks were given in plaint of Land in Court-Baron, <HI>Plowdens Commentaries, f.</HI> 394. <HI>B.</HI></P>
<P>If any avow for Rent, or doing damage, cu&s;tome, or &s;ervice, if the Plaintiffe be non-&s;uited, or otherwi&s;e bar|red, then the Avowant &s;hall recover damages and co&s;ts, as the Plaintiffe ought: See 19 <HI>H.</HI> 8. <HI>fol.</HI> 8. &amp; 12 <HI>H.</HI> 8. <HI>chap.</HI> 19. <HI>Ra&s;t. tit. Avowry</HI> 1.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Di&s;cent.</HEAD>
<P>THen for that, that the &s;econd Article, is to inquire who is Tenant, and what advantage the Lord &s;hall have by the death of his Tenant: It behoveth to know, who is in by di&s;cent to be your Tenant, that you may know of whom to have releife, and who to be in Ward, and who not, and who &s;hall be &s;ayd in by di&s;cent, and
<PB N="212" REF="109">where by purcha&s;e, and where hee &s;hall not be in by di&s;cent.</P>
<P>Gift to one in taile, remainder to the right heires of <HI>J. S.</HI> which was dead. <HI>T. S.</HI> hath that as right heire, and is in by purcha&s;e, and &s;hall not pay releife, nor be in ward, 40 <HI>Ed.</HI> 3.9. &amp; 32 <HI>Ed.</HI> 3. <HI>Fitzh. Di&s;cent</HI> 8.</P>
<P>Lord and Tenant, the Tenant aliens in Mortmain, and the Alience is di&s;&s;ei&s;ed and the Di&s;&s;ei&s;or dyeth &s;ei&s;ed, his Heire is in by di&s;cent yet the Lord may enter within the yeare for he hath only a Title to enter and cannot have an action, but contrary of him that hath right of entry and may have action, 1 <HI>Ed.</HI> 6. <HI>Tit. Mortmaine</HI> 6. <HI>Bro.</HI></P>
<P>Lea&s;e for life, the remainder to the right Heires of <HI>J.S.</HI> the Tenant for life dies, living <HI>J.S.</HI> the remainder is void and <HI>J.S.</HI> nor his Heires &s;hall not be &s;aid in by di&s;cent to pay releife, nor otherwi&s;e &s;hall have the Land as purcha|&s;or, 9 <HI>H.</HI> 6. <HI>f.</HI> 24. <HI>Perkins f.</HI> 12. the &s;ame.</P>
<P>Lea&s;e for life the remainder to the right Heires of <HI>J.S.</HI> and <HI>J.S.</HI> dies, Tenant for life hath aid of <HI>T.S.</HI> Son and Heire of <HI>J.S.</HI> and though he were within age, he &s;hall not have his age, and &s;hall not pay releife nor be in ward if they hold by Knight &s;ervice and be within age, for that he is in as a Purcha&s;or, 11 <HI>H.</HI> 4. <HI>f.</HI> 74.</P>
<P>Lea&s;e for life the remainder to another in taile, which dies his I&s;&s;ue within age, and after the Tenant for life dies, the I&s;&s;ue is in by di&s;cent, and if he be within age and hold by Knight &s;ervice, he &s;hall be in ward to the Donor, 33 <HI>H.</HI> 6. <HI>f.</HI> 5.</P>
<DIV3 TYPE="section">
<HEAD>And for that, that in the &s;aid &s;econd Article of Charge, you ought to inquire if any Tenant be dead, who is his next Heire. Let us now &s;ee where a Woman is with child at the time of the death of her Husband Tenant, and by whom &s;he &s;hall be Judged with child, and who &s;hall be &s;aid in af|ter the death of the Husband as Heire, and &s;hall be Tenant to the Lord, and who not.</HEAD>
<P>IF the Husband Tenant dye &s;ei&s;ed, and his Wife with Child, and a Brother of the Husband enter as Heire as he may, and after I&s;&s;ue is born, this I&s;&s;ue is Heire to the Husband, and Tenant to the Lord, and not the Bro|ther, though he were Tenant and Heire before the I&s;&s;ue was borne, 41 <HI>Ed.</HI> 3. <HI>fol.</HI> 11.</P>
<P><PB N="213" REF="109">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, <HI>&amp;c.</HI> and after the Son is born, this Son &s;hall not be Heire nor Te|nant of this Land, the &s;ame Law is where there is a Lea&s;e for life, the remainder to the right Heires of <HI>J.S.</HI> Tenant for life dies, the Daughter enters, and after the Son is born, he &s;hall not be Heire and Tenant of that Land, 9 <HI>H.</HI> 7. <HI>f.</HI> 25. <HI>Plow. f</HI> 56.</P>
<P>Daughter enters after the Death of her Father Tenant, and takes profits, and after the Son with which the Wife was with child, is borne, he may enter and have that as Heire, and &s;hall be in by di&s;cent and Tenant, but hath no remedy for the profits taken by the Daughter before he was born, 9 <HI>H.</HI> 6 <HI>fol.</HI> 26.</P>
<P>If a Woman Tenant &s;ei&s;ed in Fee hath a Daughter, and being with Child with a Son, the Husband dies, and after the Wife is ravi&s;hed, and con&s;ents to the Ravi&s;hor, and the Daughter enters by the Statute as next of blood, as &s;he may, and after the Son is born he cannot enter upon the Daughter and be Heire, and Tenant to the Lord, <HI>Plowd. Com. f.</HI> 56. 5. <HI>Ed.</HI> 4. <HI>f.</HI> 6.</P>
<P>By Tearmes of the Law thirty, and <HI>Wilby,</HI> if a man Te|nant &s;ei&s;ed of Land in Fee, dies &s;ei&s;ed, his Wife privily being with Child with a Son, and another man marryes her, and after the Son is born, he &s;hall be adiudged the Son of the &s;econd Husband and not of the fir&s;t Husband, and &s;hall be Tenant to the Lord, of the Land of the &s;econd Husband, and <HI>Berrey</HI> Ju&s;tice &s;aid, that the Infant might choo&s;e which he would for his Father, 21 <HI>Ed.</HI> 3. <HI>f.</HI> 39. Other|wi&s;e it is, if &s;he had been great with Childe.</P>
<P>If a Woman be with Child by her Husband Tenant, or by another, it &s;hall not be tryed, but if &s;he be with Child at the time of the death of her Husband or not, &s;hall be in I&s;&s;ue, for by, 1 <HI>H.</HI> 6. <HI>f.</HI> 3. If the Wife of <HI>J.S.</HI> go away with an Adulterer, and hath I&s;&s;ue, if <HI>J.S.</HI> her Husband be within the foure Seas, the I&s;&s;ue is Heire of <HI>J.S.</HI> for by whom the Woman is with Child it cannot be tried, and for that it &s;hall be intended by <HI>J.S.</HI> 41 <HI>Ed.</HI> 3. <HI>f.</HI> 11. and 7. <HI>H.</HI> 4. <HI>f.</HI> 9. the &s;ame.</P>
<P>If a man marry a Wife which is great with Child by a|nother man, and within three daies after Marriage &s;he is
<PB N="214" REF="110">delivered, and the Husband dies the I&s;&s;ue is lawfull, and Heire and Tenant to the Lord, and no Ba&s;tard, 18. <HI>E.</HI> 4. <HI>f.</HI> 30. <HI>a.</HI></P>
<P>24 <HI>H.</HI> 8. <HI>Br.</HI> Title Ba&s;tardy 44. it was &s;aid if a man marry his Cozen within the degrees of Marryage, and have I&s;&s;ue and are divorced in their lives, and by that the Marriage is avoided, and the I&s;&s;ue is Ba&s;tard, contrary if one dye before the Divorce.</P>
<P>21 <HI>H.</HI> 7. <HI>f.</HI> 41. If a Deacon takes a Wife and hath I&s;&s;ue, this I&s;&s;ue is no Ba&s;tard; otherwi&s;e it is of a Marriage be|tween a Fryer and a Nunn if they have I&s;&s;ue.</P>
<P>11 <HI>H.</HI> 4. <HI>fol.</HI> 76. Sayd by our Law, if one marry his Cozen, their I&s;&s;ue is no Ba&s;tard, till they are divorced, but &s;hall take by Di&s;cent.</P>
<P>42 <HI>Ed.</HI> 3. <HI>fol.</HI> 11. If a man marry a Wife, and living that VVife, marry another, and hath I&s;&s;ue by the &s;econd, this I&s;|&s;ue is a Ba&s;tard, notwith&s;tanding that the fir&s;t VVife after dies, and &s;hall not take by Di&s;cent.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>For that, that in the &s;ame &s;econd Article of Charge, it is in|quired if any Tenant of the Lord be dead, who is Heire and Tenant to the Lord, let us now &s;ee where the halfe blood is impediment, and where not.</HEAD>
<P>TEnant gives Land to the Father for life, remainder to <HI>Rich.</HI> his Son in taile. The remainder to the right Heire of the Father, the Father dies, <HI>Rich.</HI> enters and dies without I&s;&s;ue of his Body, his Brother of the halfe blood &s;hal have the Land and not the Uncle of <HI>Rich.</HI> and &s;hall be Tenant, and the halfe blood is no impediment, 39 <HI>E.</HI> 3. <HI>tit.</HI> 5.</P>
<P>A man Tenant had I&s;&s;ue by two &s;everall Bellyes and dies, the elde&s;t Son enters and endowes his Mother, the Heire dies without I&s;&s;ue, the Tenant in Dower dies, the younge&s;t Son of the halfe blood &s;hall inherit it, and &s;hall be Tenant, 7 <HI>H.</HI> 5. <HI>f.</HI> 2. 58. A&s;&s;i&s;es 6. accordingly.</P>
<P>Father &s;ei&s;ed of an Advow&s;on in gro&s;&s;e hath a Son and Daughter by one Belly, and a Son by another and dies, and the elde&s;t dies before pre&s;entment, the younge&s;t Son &s;hall be Heir, and the half blood is no impediment, 3 <HI>H.</HI> 7. <HI>f.</HI> 5. <HI>Fitzh. f.</HI> 36. <HI>O.</HI></P>
<P><PB N="215" REF="110">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 Rever&s;ion is di&s;cended to his elde&s;t Son, which dies before the Tenant for life, this is no po&s;&s;e&s;&s;ion, that the Daughter &s;hall have the Land, but the Son of the halfe blood &s;hall be Tenant to the Lord, but if rever&s;ion of tearm of yeares were in the elde&s;t Son which dies before the Tearm ended, the Daughter &s;hall have the Land, and &s;hall be Tenant to the Lord, and not the Son for halfe blood is impediment, 5 <HI>Ed.</HI> 4. <HI>f.</HI> 9.</P>
<P>But in the ca&s;e next before, where there is a Rent re&s;er|ved upon the E&s;tate for life by the Father, and the elde&s;t hath the rever&s;ion and Rent and dies, the Daughter there &s;hall inherit, and the halfe blood is an impediment to the Son to be Heire and Tenent, yet if the Father dies, and the elde&s;t Son dies before payment of Rent, there it is o|therwi&s;e, 35 <HI>Book of A&s;s.</HI> 2.</P>
<P>If a man Tenant hath I&s;&s;ue two Daughters by &s;everall Bellies and dies, and they enter and make divi&s;ion betwixt them, if one dye without Heire generall or &s;peciall her part &s;hall e&s;cheate to the Lord, and not di&s;cend to the Si|&s;ter of the halfe blood, but if that Si&s;ter hath an Uncle it ought to di&s;cend to him, and if he enter and dies with|out I&s;&s;ue, it &s;hall di&s;cend to the Si&s;ter of the halfe blood, &s;ee, <HI>Littleton fol.</HI> 3. <HI>Natura brevium fol.</HI> 10.</P>
<P>If a man Tenant hath three Daughters by on Belly, and a Daughter by another and dies, and the foure Daugh|ters enter, and two of them by the fir&s;t Belly dye, now the third of the whole blood &s;hall have three parts, and &s;hall be Tenant of that to the Lord, 10 <HI>Ed.</HI> 3. <HI>Tit.</HI> 13. and 10 <HI>A&s;s.</HI> 27. accordingly.</P>
<P>Note that the po&s;&s;e&s;&s;ion of a Brother to make the Si&s;ter inheritor, and not the Son of the halfe blood, is only of fee, and not of fee taile, 32 <HI>Ed.</HI> 3. <HI>Tit.</HI> 8.37 <HI>Book of A&s;s.</HI> 15. accor|dingly.</P>
<P>If the Donee in taile have a Son and a Daughter by one Belly, and a Son by another and dies, and the Son of the fir&s;t Belly enter, and dies &s;ei&s;ed without I&s;&s;ue, the Son of the &s;econd Belly &s;hall be Heire and Tenant to the Donor, and not <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> the Daughter, <HI>Natura brevium, fol.</HI> 147.</P>
<P>If a man hath a Son and a Daughter by one Belly, and
<PB N="216" REF="111">a Daughter by another, and Lands are given to the Fa|ther for life, the remainder to the Son in taile, the re|mainder to the right Heires of the Father, the Father dies and the Son enters and dies without I&s;&s;ue, the two Daugh|ters &s;hall be Heires and Tenants to the Lord, for the Son was not actually &s;ei&s;ed of the Fee, 5 <HI>Ed.</HI> 1. <HI>Tit:</HI> 14.32 <HI>Ed.</HI> 3. <HI>Tit.</HI> 9.24. <HI>Ed.</HI> 3. <HI>fol.</HI> 24. and 37. <HI>Book of A&s;s.</HI> 4. accordingly.</P>
<P>The po&s;&s;e&s;&s;ion of the Brother, of Lands held by Knights &s;ervice, there the po&s;&s;e&s;&s;ion of the Guardian, if the Son dyes in Ward, is po&s;&s;e&s;&s;ion of the heire to make the Si&s;ter inherite, and to be Tenant to the Lord, and not the Son of the halfe blood, 8 <HI>Ed.</HI> 3. <HI>tit.</HI> 12. and 8 <HI>Booke of A&s;s.</HI> 6. accordingly.</P>
<P>Lands di&s;cends to two Coparceners, which are by &s;e|verall bellies, and one dye before entry into the Land, the other &s;hall have <HI>Mortdance&s;ter,</HI> as heire of her Father of the whole Land, for that, that the other was never &s;ei&s;|ed, 34 <HI>Book of A&s;&s;i&s;es</HI> 10.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>E&s;cheats.</HEAD>
<DIV3 TYPE="section">
<HEAD>Where it &s;hall E&s;cheat and not di&s;cend, and where not. And for that in the &s;ame &s;econd Article is al&s;o inquirable what advantage the Lord may have by the death of his Tenant, that is to &s;ay, Ward, or E&s;cheat: Now let us &s;ee what is impediment by attainder, and otherwi&s;e, that the I&s;&s;ue of the Lands in Fee, cannot be heire by di&s;cent, not that his Father and Mother were marryed, and where the Lord &s;hall have that by E&s;cheat, and where not.</HEAD>
<P>IF an Infant of the Age of &s;even or eight yeares mar|ry a Wife, and his Wife have I&s;&s;ue within one yeare or two after marriage, this I&s;&s;ue &s;hall not be his heire, and if he have no other heire generall or &s;peciall, the Land &s;hall E&s;cheat, 38 <HI>Book of A&s;&s;i&s;es,</HI> 24.</P>
<P>If the Father being an Alien, hath a Son, and after the Father is made Denizen, and after hath another Son, and after purcha&s;e Lands and dyes, the younge&s;t Son is heire, and if he dye without I&s;&s;ue, the Lord &s;hall have the Land by E&s;cheat, and not the elde&s;t Son, for he is an Alien, <HI>Doctor and Student, fol.</HI> 12.</P>
<P><PB N="217" REF="111">The elde&s;t Son is attaint of Felony in the life time of his Father, and is hanged, the Father dyes, the younge&s;t Son &s;hall inherite, and it &s;hall not E&s;cheat: But if the elde&s;t Son be attaint in the life time of his Father, and &s;urvive the Father, the Land &s;hall E&s;cheat, 20 <HI>Booke of A&s;&s;i&s;es</HI> 2.46 <HI>Ed.</HI> 3. <HI>tit. Di&s;cent</HI> 6.49 <HI>Ed.</HI> 3. <HI>fol.</HI> 11. &amp; 31 <HI>Ed.</HI> 1. <HI>tit.</HI> 17. accordingly.</P>
<P>If the Son be attaint of Felony or Trea&s;on, and after is pardoned, and after that his Father dyes &s;ei&s;ed of land, the Lord &s;hall have that by E&s;cheat, rather then the Son, 13 <HI>H.</HI> 4. <HI>fol.</HI> 8.1 E. 3. <HI>lit.</HI> 15. accordingly: See before that <HI>Doctor and Student, fol.</HI> 25.</P>
<P>Where the Husband is attaint of Felony, and purcha&s;e his pardon, and after dyes, his Wife &s;hall not be endow|ed of Land, which he had before the attainder, but it ought to E&s;cheat; but of tho&s;e which he purcha&s;es after, &s;hee &s;hall have Dower, and &s;hall not E&s;cheat, <HI>Littleton, fol.</HI> 11.</P>
<P>If the Husband &s;ei&s;ed of Land, commit Felony, and after alien, and after is attaint, the Wife &s;hall have Dower again&s;t the Feoffee; but otherwi&s;e it is if it were E&s;cheat|ed, <HI>Nat. bre. fol.</HI> 7.</P>
<P>If the Son be outlawed of Felony, in the life time of his Father, and hath a pardon, and after the Father dyes &s;ei&s;ed of Land, the Son &s;hall not have the&s;e Lands, but the Lord by E&s;cheat, though he hath diver&s;e Sons, 31 E. 1. <HI>tit.</HI> 17.11 <HI>H.</HI> 4. <HI>fol.</HI> 11. &amp; 22 <HI>H.</HI> 6. <HI>fol.</HI> 38.</P>
<P>The Father outlawed of Felony, purcha&s;eth a pardon, and after purcha&s;eth Lands, the Son hee had before the Felony may inherite them, and the Lord &s;hall not have them by E&s;cheat, 9 <HI>H.</HI> 5. <HI>fol.</HI> 9.</P>
<P>If one dye Tenant to the Lord, without heire generall or &s;peciall, as if the Tenant be di&s;&s;ei&s;ed, and dyes with|out heire generall or &s;peciall, the Lord &s;hall have the E&s;cheat of this Land, though he did not dye &s;ei&s;ed, for that, that he dyed Tenant, 2 <HI>H.</HI> 4. <HI>fol.</HI> 9. 7 <HI>H.</HI> 4. <HI>fol.</HI> 18. accordingly, 32 <HI>H.</HI> 6. <HI>fol.</HI> 31.36 <HI>H.</HI> 6. <HI>fol.</HI> 1.6 <HI>H.</HI> 4. <HI>fol.</HI> 5. the &s;ame; And <HI>Nat. bre. fol.</HI> 103. the &s;ame.</P>
<P>Where an Alien purcha&s;es, the King may &s;ei&s;e, 11 <HI>H.</HI> 4. <HI>fol.</HI> 25. &amp; 14 <HI>H.</HI> 4. <HI>fol.</HI> 20. accordingly.</P>
<P>And if a Denizen purcha&s;e, and dye without I&s;&s;ue born within the obedience of the Queen, this Land &s;hall E&s;|cheat to the Lord.</P>
<P><PB N="218" REF="112">If an Engli&s;h Tenant marry an Alien, &s;he is forthwith upon the marriage, of the Kings allegiance, and their I&s;&s;ue &s;hall inherite, and it &s;hall not E&s;cheat, <HI>Abridgement of the Book of A&s;&s;i&s;es, fol.</HI> 39.</P>
<P>Where there is Lord and Tenant, and the Tenant grants Rent charge, and dyes without heire generall or &s;peciall, the Lord &s;hall have the Land by E&s;cheat, <NOTE PLACE="marg"><HI>Ra&s;tall, E&s;cheat</HI> 15.</NOTE> but hee &s;hall hold it charged, 3 <HI>Book of A&s;s.</HI> 1. The &s;ame Law is of the Kings Tenant, which grants Rent and dyes, <HI>&amp;c.</HI> and his heire in Ward by the Statute, 2 &amp; 3 E. 6. <HI>chap.</HI> 8.</P>
<P>Lord and Tenant, the Tenant is di&s;&s;ei&s;ed, and the di&s;|&s;ei&s;or dyes &s;ei&s;ed, and the di&s;&s;ei&s;ee dyes without heire, the Lord &s;hall not have that as by E&s;cheat, for I intend hee dyes not in his Homage, 32 <HI>H.</HI> 6. <HI>fol.</HI> 31. <HI>B.</HI></P>
<P>Lord and Tenant, the Tenant lets for life, and dyes without heire, though he dyed not &s;ei&s;ed, the Lord &s;hall have E&s;cheat, 2 <HI>H.</HI> 4. <HI>fol.</HI> 9.</P>
<P>If one be attaint of high Trea&s;on, the King &s;hall have E&s;cheat, of whom&s;oever he hold, notwith&s;tanding if it be of petty Trea&s;on, the Lord &s;hall have the E&s;cheate, 22 <HI>Book of A&s;s.</HI> 49.</P>
<P>If the Tenant be beheaded for Felony, the Lord &s;hall have E&s;cheat, and &s;hall &s;ay (for which he was hanged) <HI>Natura brevium, fol.</HI> 100. 8 E. 3. in the Regi&s;ter, <HI>f.</HI> 165. accordingly.</P>
<P>If my Tenant within age, alien to one in Fee&punc; and within age dye without heire, the Lord may enter by E&s;|cheat, 16 E. 3. <HI>tit. Statham, fol.</HI> 84.3 E. 3. Journey to <HI>North:</HI> See 6 H. 4. <HI>fol.</HI> 3. <HI>North:</HI> that he cannot enter, but he may have E&s;cheat.</P>
<P>It &s;eemes that the Lord cannot enter by E&s;cheat, where his Tenants entry is taken away; as if the Husband di&s;|continue, the Lands of his Wife, and the VVife dyes without heire, the Lord cannot enter by E&s;cheat, 32 <HI>H.</HI> 6 <HI>fol.</HI> 27. by <HI>Littleton.</HI></P>
<P>If a man goe over the Sea without licen&s;e, and there takes a Wife, and there by her hath I&s;&s;ue, if the I&s;&s;ue &s;ur|vive his Father, the Land of the Father &s;hall E&s;cheat, 22 <HI>H.</HI> 6. <HI>fol.</HI> 38. by <HI>Newton.</HI></P>
<P>1 <HI>R.</HI> 3. <HI>fol.</HI> 3. by <HI>Hu&s;sey,</HI> He which is borne beyond the Sea, and his Father and Mother were Engli&s;h, that their I&s;&s;ue &s;hall inherite by the common Law, but by the Statute afore&s;aid it is cleer.</P>
<P><PB N="219" REF="112">The &s;ame Law is where an Alien borne, purcha&s;e lands of the King before he be made Denizen, or if hee be a Denizen, and purcha&s;e Lands, and dyes without heire borne under the obedience of the King, there the King &s;hall have that Land as Perqui&s;ite, in manner as E&s;|cheat.</P>
<P>Where the Tenant hath an E&s;tate in fee, and dyes with|out heire generall or &s;peciall, his Land &s;hall E&s;cheat to his Lord, <HI>Fitzh.</HI> 143. <HI>T.</HI></P>
<P>32 <HI>H.</HI> 6. <HI>fol.</HI> 31. The Lord cannot enter, but where his Tenant might enter, and for that if the Husband and the Wife di&s;continue, and the Wife dyes without heire, the Lord cannot enter by E&s;cheate: And if the Tenant be di&s;&s;ei&s;ed, and the Di&s;&s;ei&s;er dyeth &s;ei&s;ed, and his heire enter, and after the Di&s;&s;ei&s;ee dyes without heire, the Lord cannot enter.</P>
<P>37 <HI>H.</HI> 6. <HI>fol.</HI> 1. It &s;eemes by <HI>Forte&s;cue,</HI> that the Lord &s;hall have E&s;cheat or Ward, though his Tenant did not dye &s;ei&s;ed.</P>
<P>2 <HI>H.</HI> 4. <HI>fol.</HI> 9. The Lord &s;hall have a Writ of E&s;cheat, though his tenant dyed not &s;ei&s;ed, for if he dye his tenant, that &s;ufficeth: If my tenant lets for life, and dyes with|out heire, he doth not dye &s;ei&s;ed; and yet the Lord &s;hall have the E&s;cheat, 7 <HI>H.</HI> 4. <HI>fol.</HI> 18. the &s;ame.</P>
<P>6 <HI>H.</HI> 4. <HI>fol.</HI> 5. Lord and Tenant within age, the Te|nant is di&s;&s;ei&s;ed, and dyes without heire, the Lord may enter by E&s;cheat: The &s;ame Law is if he being an Infant tenant alien and dyes without heire, the Lord &s;hall have by E&s;cheat.</P>
<P><HI>Fitzh. fol.</HI> 144. <HI>A.</HI> If Tenant in taile dye without heire, he in rever&s;ion &s;hall not have a Writ of E&s;cheat; But if Tenant in taile, the remainder to his right heires, and dyes without heire; then the Lord of whom the Tenant in taile holds, &s;hall have a Writ of E&s;cheat.</P>
<P><HI>Fitzh.</HI> 144. <HI>E.</HI> Where the Tenant is a Ba&s;tard, and dyes without I&s;&s;ue, this Land &s;hall E&s;cheat, <HI>Tit. E&s;cheat</HI> 34. <HI>B.</HI> Where there is a Ba&s;tard elde&s;t, and a legittimate younger, and the Ba&s;tard enters, and dyes &s;ei&s;ed without I&s;&s;ue, the Land &s;hall not E&s;cheat.</P>
<P><HI>Natura brevium, fol.</HI> 103. If the Tenant be di&s;&s;ei&s;ed, and is attaint of Felony, the Lord may enter by E&s;|cheate,
<PB N="220" REF="113"><HI>Abridgement of A&s;&s;i&s;e, fol.</HI> 88. Lord and Tenant, the tenant being within age, aliens and dyes without heire, the Lord may enter by E&s;cheat.</P>
<P>6 <HI>E.</HI> 3. <HI>Statham,</HI> If my Tenant within age alien in Fee, and dyes without heire, I may enter by E&s;cheat; the &s;ame Law is, if my tenant within age be di&s;&s;ei&s;ed, and dyes without heire, I may enter by E&s;cheat.</P>
<P><HI>Stamf.</HI> 42. If any free tenant of any Bi&s;hop be attaint for Felony, during the time of the vacation the King &s;hall have E&s;cheat of his Lands: By Prerogative, <HI>ch.</HI> 14.</P>
<P><HI>Fitzh.</HI> 144. <HI>O.</HI> If the Lord have title to have a Writ of E&s;cheat, if he accept Homage of his tenant, he &s;hall not have a Writ of E&s;cheat again&s;t him afterwards.</P>
<P>7 <HI>H.</HI> 4. <HI>fol.</HI> 18. Lord and Tenant, the Tenant is di&s;|&s;ei&s;ed, and dyes without heire, the Lord may enter, for right of entry may E&s;cheat again&s;t a Di&s;&s;ei&s;or; but if the Di&s;&s;ei&s;or dye, or alien, the Lord cannot enter by E&s;cheat upon the heire of the Di&s;&s;ei&s;or, nor upon the Alience.</P>
<P>22 <HI>Book of A&s;&s;i&s;es</HI> 49. The King &s;hall have the Lands by E&s;cheat of one attainted of high Trea&s;on, of whom|&s;oever hee hold, notwith&s;tanding of petty Trea&s;on the Lord &s;hall have them.</P>
<P>29 <HI>Book of A&s;&s;i&s;e,</HI> 61. Note that Lands in taile &s;hall not E&s;cheat for the Felony or attainder of his Father, but by the Statute of 5 &amp; 6 <HI>Ed.</HI> 6. <HI>chap.</HI> 11. for high trea|&s;on the King &s;hall have his Lands.</P>
<P>6 H. 7. <HI>fol.</HI> 9. by <HI>Keble.</HI> Right of entry may E&s;cheat, as where the Di&s;&s;ei&s;ee dyes without heire, or is attaint of Felony, the Lord may enter.</P>
<P>7 <HI>Ed.</HI> 6. <HI>tit.</HI> 18. It was held, If there he Lord and Tenant by Fealty and Rent, the Tenant is di&s;&s;ei&s;ed, the Di&s;&s;ei&s;ee dyes without heire, the Lord accepts the Rent by the hands of the Di&s;&s;ei&s;or, yet he may enter for E&s;cheat, or have a Writ of E&s;cheat, and the receit of the Rent no Barr; contrary, if he had avowed for that in Court of Record, or if he had taken corporall &s;ervice, as Homage, <HI>&amp;c.</HI> Contrary of acceptance of Rent by the hands of the heire of the Di&s;&s;ei&s;or, or of his Feoffee.</P>
<P>48 <HI>Ed.</HI> 3. <HI>fol.</HI> 2. by <HI>Belk:</HI> Where a man commits Fe|lony, and after purcha&s;e Land, or Land di&s;cends to him after, this is forfeited and E&s;cheated, as well as the Land which he had time of the Felony made.</P>
<P><PB N="221" REF="113">22 <HI>H.</HI> 6. <HI>fol.</HI> 37. by <HI>Newton,</HI> A man &s;ei&s;ed of Land in fee, goes beyond the Sea to <HI>B.</HI> out of the Kings Allegiance without the Kings licen&s;e, and there marries a Wife, and there hath I&s;&s;ue, and dwells there all his life, and dyes without other I&s;&s;ue, his Land &s;hall E&s;cheat, and none o|ther of the blood &s;hall inherite.</P>
<P>1 <HI>R.</HI> 3. <HI>fol.</HI> 4. by <HI>Hu&s;&s;ey,</HI> He which is borne beyond Sea, and his Father and Mother Engli&s;h, and faithfull to our King, that their I&s;&s;ue &s;hall inherite by the Common Law, but the Statute makes that cleer, and his Lands &s;hall not E&s;cheat.</P>
<P>9 <HI>H.</HI> 7. <HI>fol.</HI> 2. If Tenant of the King dyes without heire, and none enters, the Freehold is in the King, without Office by E&s;cheate: But if Tenant of the King alien in Mortmaine, it is not in the King without Office.</P>
<P>27 H. 8. <HI>tit. Office,</HI> 90. <HI>Br:</HI> Where one is attaint by Parliament, his Lands are not in the King by E&s;cheat, to grant over without Office.</P>
<P>29 H. 8. <HI>tit.</HI> 52. <HI>Charter of pardon, Br.</HI> The King may be intituled to goods without Office, by Outlawry, but not to Lands.</P>
<P>38 <HI>H.</HI> 8. <HI>title, Thing in action,</HI> 211. <HI>Br:</HI> By the Statute of 31 H. 8. gives to the King po&s;&s;e&s;&s;ion of Lands of Mo|na&s;tries without Office, for the words are, that the King &s;hall be in po&s;&s;e&s;&s;ion of them; yet if an Abbat were di&s;|&s;ei&s;ed of foure Acres of land, the King cannot grant that over, before entry made by him into it.</P>
<P>Time of H. 8. <HI>tit.</HI> 119. <HI>Pre. Br:</HI> It &s;eemes that the King &s;hall not have a <HI>Precipe quod reddat,</HI> as a Writ of E&s;cheat, but his title &s;hall be found by Office.</P>
<P>Time of <HI>Ed.</HI> 6. <HI>tit. Denizen</HI> 17. Where an Alien born purcha&s;eth, the King &s;hall have it, but the purcha&s;e ought to be found by Office, 33 H. 8. <HI>tit. Fines levied,</HI> 115.</P>
<P><HI>Title Office</HI> before E&s;cheator, 60 <HI>Br:</HI> King &s;hall have Chattels without Office, but not Ward.</P>
<P>2 H. 7. <HI>fol.</HI> 8. The King may re-enter without demand, where there is a clau&s;e of re-entry in his Lea&s;e, but then that &s;hall be found by Office.</P>
<P><HI>Tit. E&s;cheat</HI> 23. <HI>Br:</HI> Alien borne hath I&s;&s;ue a Son, and after is made Denizen, and after hath I&s;&s;ue ano|ther Sonne, and purcha&s;e Land and dyes, the younge&s;t
<PB N="222" REF="114">Sonne &s;hall have the Land, and not the elde&s;t, nor the Lord by E&s;cheat.</P>
<P><HI>Tit. E&s;cheat</HI> 29. <HI>B.</HI> VVhere a man is attaint of Here&s;ie, and delivered to Lay men to be burnt, yet he &s;hall not forfeit his Land, unle&s;&s;e he be put in execution, and there by the execution the Lord &s;hall have E&s;cheat, un|le&s;&s;e the Land be held of the Ordinary, then the King &s;hall have it.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Enque&s;t.</HEAD>
<P>FOR that, that you try your Copy-holders and other I&s;&s;ues by con&s;ent by Jury, let us &s;ee how many &s;hall be &s;worn of a Jury.</P>
<P>The Statute of <HI>We&s;tm.</HI> 2. <HI>chap.</HI> 13. is, that the Sheriff &s;hall inquire by twelve and not by le&s;&s;e, and the &s;ame Law &s;hall be in Leet, and for that, that this Statute doth not extend to Court-Baron, Pre&s;entment of Articles there by le&s;&s;e then twelve may be, for one may hold Court-Baron, though there be but two Suitors, and then they may in|quire by two, of Articles for the Lord, but hard it is, when every one is inheritable to the Lawes of the Realme, and the triall of the Law is by twelve of I&s;&s;ue joyned between party and party, that by your not power, that is to &s;ay, that there &s;hould not be twelve Tenants of every Jury, to take from me my Triall, which the Law gives to me, and if you will try I&s;&s;ue by le&s;&s;e then twelve, you may impannell three or foure of the Freinds to the parties, and to have no number certain under twelve, but to have &s;uch a num|ber as the Steward plea&s;eth, and to be at his choi&s;e, how many &s;hall be &s;worn of a Jury, and how many &s;hall be im|pannelled, is inconvenient where there are more within the Mannor to be impannelled, and 40 <HI>Ed.</HI> 3. <HI>f.</HI> 1. Where conu&s;ance is granted to one Court, to have conu&s;ance, if this Court faile, that it cannot make Law and Right, conu&s;ance &s;hall not be in this ca&s;e allowed, and for that that at the Exigent Bailiffs demand conu&s;ance, and &s;hall not have it, for they cannot pronounce Out-lawrie upon that and in, <HI>Quare impedit,</HI> they &s;hall not have conu&s;ance, for they cannot award a Writ to the Bi&s;hop, 42 <HI>Ed.</HI> 3. <HI>f.</HI> 3. Where one was out-Lawed conu&s;ance was demanded, and
<PB N="223" REF="114">could not have it, for that he could not award, <HI>Capias utle|gatum</HI> there, and &s;o it &s;eems if there be not twelve to try the I&s;&s;ue they faile of power to mini&s;ter Law and to do Ju&s;tice, and Copy-holder may &s;ue by Bill in Chancery, where there are not twelve homagers within the Mannor, or in action of of tre&s;pa&s;&s;e at the common Law, and the party ought to be admitted in the Lords Court, to the intent to bring tre&s;|pa&s;&s;e at the common Law, and there Law is more truly admini&s;tred then in Court-Barons, and al&s;o if any &s;ue in Court-Baron for Copy-hold, he &s;hall make his prote&s;tati|on to &s;ue in nature of his Writ at common Law, and the proce&s;&s;e and proceedings &s;hall be according to the cour&s;e of the common Law, and they &s;hall joyne I&s;&s;ue according to the cour&s;e of the common Law; and there <HI>(Venire facias)</HI> is, that they &s;hall cau&s;e to come twelve free and lawfull men according to the cour&s;e of the common Law, and for that it &s;eems that triall of I&s;&s;ues there between parties &s;hall be by twelve and not by le&s;&s;e.</P>
<P>And by <HI>Forte&s;cue, fol.</HI> 54. <HI>&amp;</HI> 57. (&s;worn together in the form afore&s;aid twelve good and lawfull men) &s;o it ap|peares by him that every I&s;&s;ue in every Court &s;hall be try|ed by twelve and not by le&s;&s;e.</P>
<P>Enque&s;t &s;hall be by cu&s;tome of the Realme between par|ty and party, in a Court of Record, by twelve at the com|mon Law, Doctor and Student, <HI>f.</HI> 14.</P>
<P>Verdict of 11 &s;hall not be taken, 41 <HI>A&s;s.</HI> 11.41. <HI>Ed.</HI> 3. <HI>f.</HI> 31. <HI>&amp;</HI> 29. <HI>Ed.</HI> 3. <HI>f.</HI> 33. accordingly.</P>
<P>Every Inqui&s;ition taken in the Sheriffs Turn &s;hall be by twelve, and the &s;ame Law is &s;aid there in a Leet by the Equity of the Statute of 6 <HI>H.</HI> 4. <HI>fol.</HI> 3. Notwith&s;tanding (&s;eek) if le&s;s then twelve may try I&s;&s;ue between parties in the Court of a Lord of copy-hold or not, where there are not twelve within the Mannor, for it is held by &s;ome, that it &s;hall be tryed by le&s;&s;e, and I have &s;een a triall by three or foure. But I intend it is hard, and &s;pecially where there are twelve and more copy-holders within the Mannor, and al|&s;o it appeares in the Regi&s;ter, that an Action was removed out of the Court-Baron (becau&s;e there were but foure Sui|tors) and &s;o I conclude, I&s;&s;ue for Copy-holders &s;hall not be tryed by le&s;&s;e then by twelve, 6 <HI>H.</HI> 4. <HI>f.</HI> 1.</P>
<P>18 <HI>H.</HI> 4. <HI>fol.</HI> 2 Charter of exemption that he &s;hall not be Impannelled &s;hall not be allowed unle&s;&s;e a full Jury ap|peare.</P>
<P><PB N="224" REF="115">39 <HI>Ed.</HI> 3. <HI>Tit.</HI> 23 A Writ of not putting in A&s;&s;i&s;es &s;hall not be allowed in an Attaint, nor in a Writ of right.</P>
<P>21 <HI>Ed.</HI> 4. <HI>f.</HI> 53. If a man have a Charter of Exemption and that &s;hewed to the Sheriff, and he notwith&s;tanding, impannells him, tre&s;pa&s;&s;e upon the ca&s;e lies again&s;t him.</P>
<P><HI>Fitzh.</HI> 205. <HI>A.</HI> A Writ not to be put in A&s;&s;i&s;es and Juries is founded upon the Statute of <HI>We&s;tm.</HI> 2. <HI>chap.</HI> 39 and upon <HI>(Articuli &s;uper Chartas)</HI> which Statutes declare that per&s;ons &s;hall not be impannelled, that is, who is &s;ick, lame, and a|bove 60. yeares old.</P>
<P><HI>Fitzh.</HI> 266. Clerkes which have Lands by di&s;cent, or by purcha&s;e, &s;hall be impannelled.</P>
<P>5 <HI>Ed.</HI> 3. <HI>f.</HI> 26. Pre&s;entment in Leet by foure and not by twelve, that one had dewelt within the Leet a yeare and a day not &s;worn, was traver&s;ed, but it &s;eems if he were pre|&s;ented by twelve, it &s;hall not be traver&s;ed, but if it were fal&s;e, he &s;hall have recovery by Writ of fal&s;e pre&s;entment &s;eek of this Writ.</P>
<P>45 <HI>Ed.</HI> 3. <HI>f.</HI> 26. Pre&s;entment in Leet that one hath dwelt there by a yeare and day and not &s;worn, &s;hall be by twelve otherwi&s;e it is traver&s;able.</P>
<P>3 <HI>H.</HI> 7.4. If there be not twelve to be &s;worn the Ste|ward may &s;weare a &s;tranger which comes within the view to be &s;worn in Leet.</P>
<P>The Lord may hold Court-Baron though there are but two Tenants, 23 <HI>H.</HI> 8. and 33 <HI>H.</HI> 8. and then two may pre|&s;ent Articles for the Lord, but where I&s;&s;ue is between party and party it &s;hall be by twelve, for the <HI>(Venire facias)</HI> is twelve free and lawfull men, which is triall by common Law, and that &s;eems, &s;hall be the triall of Copy-hold Land, yet <HI>Fitzh.</HI> 41. in right &s;hall be great A&s;&s;i&s;e, that is, 24 of a Jury, and attaint &s;hall be 24. but if in Court-Baron the (Mi&s;e) be ioyned to be tryed by great A&s;&s;i&s;e, there &s;hall go a Prohibition, <HI>&amp;c.</HI></P>
<P><HI>Fitzherbart</HI> 107. <HI>C.</HI> Enque&s;t of office, as in a Writ to inquire of wa&s;te, it may be inquired by &s;ix or eight, 2 <HI>H.</HI> 4. <HI>f.</HI> 7. <HI>&amp;</HI> 3 <HI>H.</HI> 6. <HI>f.</HI> 29. the &s;ame.</P>
<P>13 H. 8. <HI>f.</HI> 13. Where a Lord of Parliament is arraigned, there &s;hall be eighteen or twenty Lords of the Enque&s;t, and they &s;hall not be &s;worn.</P>
<P>20 <HI>H.</HI> 7. <HI>fol.</HI> 3. Jurors may drink after their Charge, and
<PB N="225" REF="115">before their agreement at their own proper charges, it &s;eems their Verdict is good, for there doth not appear any corruption in them, nor that they drank for any corrupti|on, for all drank together, and every one was in as good plight to re&s;i&s;t as others are, <HI>&amp;c.</HI></P>
<P>19 <HI>Ed.</HI> 4. <HI>f.</HI> 6. After the Jury &s;worn, and before they enter into a Hou&s;e and before their departure from the Barr they drink by licen&s;e of the Ju&s;tices, and by the con&s;ent of the parties, and their Verdict good.</P>
<P>10 <HI>H.</HI> 4. <HI>f.</HI> 10 After the Jury was &s;worn the Plaintiff de|livered a writing to a Juror without the Court, and he &s;hewed that to his companions in the Hou&s;e, and the Jury gave Verdict, and he &s;hall not have Judgment, 11 <HI>H.</HI> 4. <HI>fol.</HI> 17. the &s;ame <HI>Plowd. Com. fol.</HI> 519. the Jury gave a &s;peciall Verdict and a Box of Barbaryes con&s;erved, Sugar Candy, and Licori&s;h was found with one <HI>J.M.</HI> one of the Jury af|ter that he was departed from the Barr, <HI>J. M.</HI> was com|mitted to the Fleet till he had paid a Fine, and the Verdict good, &s;ee, 8 <HI>A&s;s.</HI> 35. and 20 <HI>H.</HI> 6. <HI>f.</HI> 26.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tryall.</HEAD>
<P>IN Court-Baron the triall is there by waging Law, but by the con&s;ent of the parties it may be by the Country, 33 <HI>H.</HI> 8. <HI>B. Tit.</HI> Triall 143. 3. <HI>Ed.</HI> 6. <HI>Tit. Pannell.</HI> 2. Where the Jury is of two tongues, for that, that the one is an A|lien and the other an <HI>Engli&s;h</HI> man, there &s;hall be &s;ix <HI>Deni|zens</HI> &s;worn, and &s;ix <HI>Engli&s;h</HI> men, otherwi&s;e the Jury &s;hall not be taken, and &s;o &s;hall be <HI>(Tales)</HI> of that.</P>
<P>4 <HI>Mar. b. Tit.</HI> Jurors 8. Jury tooke a Writing of the Plaintiff which was not delivered to them in Court, and pa&s;&s;ed for the Plaintiff, and for that, that this matter appea|red to the Court by examination, therefore the Plaintiff &s;hall have no Judgment.</P>
<P>35 <HI>H.</HI> 8. <HI>B. Tit. Replead</HI> 54. It was in u&s;e in the Kings bench, though that the Jury was ready to pa&s;&s;e, there if there be a <HI>(Jeofaile)</HI> apparent in the Record, the Jury &s;hall be di&s;charged.</P>
<P>26 <HI>H.</HI> 8. <HI>f.</HI> 6. Jurors after they are in the Hou&s;e return to heare evidence again upon matter which they were in doubt of, and may.</P>
<P><PB N="226" REF="116">14 <HI>H.</HI> 7. <HI>f.</HI> 1. The Jury eate and drink before the Evidence fini&s;hed, or after they are agreed depart and drink before Verdict they &s;hall be Fined, and the Verdict is good, but if he eat and drink after evidence given, and before they a|gree, the Verdict is void.</P>
<P>And it &s;eems that this matter &s;hall be &s;hewed when the Jury comes in to give their Verdict, and &s;hall be examined, and not after. And it &s;eems that the Jurors may depart a|&s;under by cau&s;e of great tempe&s;t of a Hou&s;e falling or fire where they are.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Execution.</HEAD>
<DIV3 TYPE="section">
<HEAD>For that, that execution is u&s;ed in many Court-Barons by <HI>(Levari facias)</HI> let us &s;ee what Goods upon that, may be taken in Execution and what not, and the order of execution.</HEAD>
<P>GOods pawned &s;hall not be taken in execution, for the Debt of him which pawned them, during the time they are pawned, 34 <HI>H.</HI> 8 Pledge 28. and 4 <HI>Ed.</HI> 6. Di&s;tre&s;&s;e 75.</P>
<P>Where <HI>A.</HI> lets Oxen for time, and after <HI>A.</HI> is condem|ned, the&s;e Oxen during the tearme &s;hall not be taken in execution, 22 <HI>Ed.</HI> 4. <HI>f.</HI> 10.</P>
<P>Debt in Court-Baron, the Plaintiff recovers by Judgment and &s;hall have execution, and the Bea&s;ts of the Defendant were taken and delivered to him in Execution, 33 <HI>Ed.</HI> 3. <HI>Tit. Execution</HI> 133.</P>
<P>In Debt where three are bonnd joyntly and &s;everally and hath of tho&s;e three &s;everall Judgments, and if Execu|tion be again&s;t one, the other &s;hall have a <HI>&s;uper&s;edeas,</HI> but in tre&s;pa&s;&s;e again&s;t three Execution again&s;t one doth not &s;uffice, and the &s;ame Law is in a ioynt Debt, 4 <HI>Ed.</HI> 4. <HI>fol.</HI> 39.</P>
<P>By <HI>(Fieri facias)</HI> or <HI>(Levari facias)</HI> the Officer cannot break the Doore nor Che&s;t to take Goods in Execution, for if he do, tre&s;pa&s;&s;e lies again&s;t him for the breaking on|ly, 18 <HI>Ed.</HI> 4. <HI>f.</HI> 4. <HI>&amp;</HI> 13 <HI>Ed.</HI> 4. <HI>fol.</HI> 9. by <HI>Choke,</HI> notwit&s;tanding, 8 <HI>Ed.</HI> 2. <HI>Tit. Executors</HI> 152. contrary.</P>
<P>If one recovers in Court-Baron he &s;hall not have exe|cution
<PB N="227" REF="116">by <HI>Eierifacias,</HI> nor otherwi&s;e, but may di&s;train the Defendant after Judgement, and detaine the di&s;tre&s;&s;e in their hands in &s;afegard till the Defendant hath &s;atisfied the Plaintiff of the condemnation, 22 <HI>A&s;&s;.</HI> 72 <HI>Statham</HI> 11 <HI>Ed. fol.</HI> 93. <HI>Nat. Bre. fol.</HI> 165 and 4 <HI>H.</HI> 6. <HI>fol.</HI> 17 action.</P>
<P>Bailiff in Court Baron cannot &s;ell the Goods in executi|on; but &s;hall re&s;traine them as di&s;tre&s;&s;e, notwith&s;tanding, where it is u&s;ed to make, <HI>Levari facias,</HI> it is a good cu&s;tome, and note that it is u&s;ed in many Mannors, that the goods are prai&s;ed, and execution made of them by, <HI>Levari facias,</HI> 22 <HI>Book of A&s;s.</HI> 72.</P>
<P>A Writ of Execution <HI>Judicii,</HI> lieth, where Judgement is given in a Court-Baron, upon a Writ of right patent, or in debt or tre&s;pa&s;&s;e, and the Bailiff will not make execu|tion, this Writ lieth as well, as it lieth where Judgement is given in a Court of Record, and the Sheriff will not make execution, and if he will not levy the execution up|on the Goods, it was in vaine to award this Writ, <HI>Fitzh. f.</HI> 20. <HI>A.</HI></P>
<P><HI>Capias</HI> doth not lye in Court-Baron, and for that, the <HI>Capias</HI> to &s;atisfie doth not lye to have execution, and <HI>Ele|git</HI> doth not lye there, <HI>&amp;c.</HI> for this is given by the Statute of, <HI>We&s;tm.</HI> 2. <HI>chap.</HI> 18.</P>
<P>29 <HI>H.</HI> 8. <HI>Tit. Execution. B.</HI> 132. Two are bound in an obli|gation joyntly and &s;everally, if he &s;ue one and takes his Body by a <HI>Capias</HI> to &s;atisfie yet he may take the other, but if one &s;atisfie him, the other may plead that, 37 <HI>H.</HI> 8. <HI>Tit.</HI> condition, <HI>B.</HI> 16. One taken by a <HI>Capias</HI> to &s;atisfie, is in exe|cution, though that be not returned.</P>
<P>13. <HI>H.</HI> 4. <HI>Tit. Avowris</HI> 237. One avowes, for that, that <HI>J. S.</HI> was &s;ei&s;ed of a place where, <HI>&amp;c.</HI> And, let that to the Plaintiff for life, rendring Rent, and after <HI>J.S.</HI> grants the rever&s;ion to <HI>B.</HI> who was bound in a recogn&s;ance to the A|vowant, and that the Avowant hath that Rent delivered in execution, and good.</P>
<P>15 <HI>Ed.</HI> 3. <HI>Tit. Execution</HI> 93. Rent was delivered in execu|tion upon a Recogni&s;ance, time of <HI>Ed.</HI> 1. Title <HI>Audita que|rela,</HI> 402. If the Father be bound in a Recogni&s;ance and dies and his I&s;&s;ue within age, the Execution &s;hall not be again&s;t him, for if it be he &s;hall have an A&s;&s;i&s;e.</P>
<P>Time of <HI>Ed.</HI> 1 <HI>Tit.</HI> 417. If a man takes a Wife and after be bound and dyes, the VVife is indowed, if &s;he be outed
<PB N="228" REF="117">by extent, &s;he &s;hall have A&s;&s;i&s;e, 29 <HI>H.</HI> 8. <HI>Tit.</HI> Stat. Mer|chant 40. If one &s;ue Execution upon a Statute and he ac|cept part of the Land in name of all, he &s;hall not have extent of the re&s;idue, but it &s;eems upon a <HI>(Nihil)</HI> retur|ned upon the <HI>Te&s;tatum,</HI> he may have proce&s;&s;e into another County.</P>
<P>2 <HI>R.</HI> 3. <HI>f.</HI> 8. Statute Staple was certified by the Maior of the Staple, and the Coni&s;ee upon that &s;ues a VVrit to take the Body, and to extend his Land in Suff. and <HI>Middle&s;ex</HI> only, and this VVrit was not returned and by <HI>Certiorare</HI> he cau&s;ed the Maior to certifie the Statute again, and up|on that he hath a VVrit of extent in ten Counties, but not in <HI>Suff.</HI> and <HI>Middle&s;ex,</HI> and this VVrit is not returned and he hath the third Certificate, and the third VVrit of Extent into &s;ix Counties, but not in <HI>Suff.</HI> and <HI>Middle.</HI> and now hath his Extent, and hath Land that the Cognifor hath in right of his VVife which died, and for threats dur&s;t not take the profits of the re&s;idue, and by all the Ju&s;tices the Cogni&s;ee &s;hall have a <HI>Capias</HI> into the County where he took his fir&s;t Writ, and not otherwi&s;e, that is, into the County of <HI>Suff. and Middle&s;ex</HI> only, upon the fourth Cer|tificate, and upon that the Coni&s;or found &s;uerties to the King and party according to the Statute, 11 <HI>H.</HI> 6. <HI>chap.</HI> 10. He &s;hall have a <HI>Scire facias</HI> again&s;t the Coni&s;ee, to prove the matter in his VVrit, and to be at the Judgment in the Court, and if he faile of any, he &s;hall forfeit his Re|cogni&s;ance.</P>
<P>2 <HI>R.</HI> 3. <HI>fol.</HI> 9. If the Coni&s;ee of a Statute dies, his Exe|cutors or Admini&s;trators if he dye <HI>Inte&s;tate</HI> &s;hall have exe|cution upon it, without &s;uing <HI>(Scire facias)</HI> or that the Coni&s;or cannot have any Plea, although he have a deed of Relea&s;e, but if he have a Relea&s;e he &s;hall have an <HI>(Au|dita querela)</HI> or a <HI>(Scire facias)</HI> and &s;o it is where one which is no Executor &s;ues an Execution, the Coni&s;or &s;hall have this VVrit, but upon recovery by the Statute of <HI>We&s;t.</HI> 2. One may have a <HI>fieri facias</HI> within the yeare to have Execution, and after the yeare may have <HI>Scire facias,</HI> and if a man be bound in two Statutes one after the other, and he which hath the la&s;t Statute hath fir&s;t Execution, the other &s;hall have a <HI>Scire facias</HI> and have execution, and if the Sheriff upon a VVrit to have execution returns, the
<PB N="229" REF="117">Coni&s;or dead, the Coni&s;ee &s;hall have a <HI>Scire facias</HI> a|gain&s;t the Heire of the Coni&s;er, and the Land Te|nants.</P>
<P>25 <HI>H.</HI> 7. <HI>fol.</HI> 17. VVhere the Coni&s;ee to whom a Statute is made dyes, his Executors &s;hall have Execution without &s;uing <HI>Scire facias,</HI> for that it is given by the Sta|tute, but where one hath a Judgment and dies, it is other|wi&s;e, <HI>We&s;t.</HI> 2. <HI>chap.</HI> 45. gives <HI>Scire facias</HI> upon Judgment, and upon Fine.</P>
<P>15 <HI>H.</HI> 7. <HI>fol.</HI> 14. Husband is bound in a Statute and Lands of his VVife were extended, and after the VVife dies, and the Heire of the VVife enters, now may the Co|ni&s;ee have a <HI>Capias</HI> for the Body of the Coni&s;or, though he had not that at the fir&s;t, for that, that the Statute gives the Lands, Goods and Body, and if execution be defea|ted by lawfull entry, he &s;hall not have a Re-extent, but if the Coni&s;or him&s;elfe take the profits of the Coni&s;ee or that the profit be de&s;troyed by wild-fire, or water, the Coni&s;ee may hold over his Tearm, and the Coni&s;or can|not enter during the Tearme of extent, but &s;hall have a <HI>Scire facias,</HI> and &s;hall not have that before the Tearme ended, without aquittance, or that he leave Money in the Court, and where the Coni&s;ee is &s;atisfied within the tearm by ca&s;uall profit the Coni&s;or &s;hall have upon that a <HI>Veni|re facias,</HI> and upon that a <HI>Scire facias,</HI> And if it be exten|ded too low, the Coni&s;or may lay the Money in Court, and recover his Land, and if it be found too high the Co|ni&s;ee may pray that the Extenders may take the Land, <HI>&amp;c.</HI></P>
<P>11 <HI>H.</HI> 6. <HI>fol.</HI> 8. If the Land extended be drowned by water within the Tearm, the Coni&s;ee may hold over the Tearm, and the &s;ame Law where he is outed by a Guardian in Knights &s;ervice, 15 <HI>Ed.</HI> 4. <HI>f.</HI> 5.</P>
<P>22 <HI>H.</HI> 8. chap. 5. VVhere Lands delivered by rea&s;ona|ble extent in Execution, have been recovered, or lawfully diver&s;ted from the Coni&s;ee of the Satute Merchants, Sta|tute Staple or Recogni&s;ances, before they have been fully &s;atisfied, and paid there Debts without fraud or covin, re|medy given by <HI>Scire facias</HI> again&s;t the Recogni&s;ors to levy the re&s;idue.</P>
<P>VVhere a VVoman recovers dammages in <HI>Dower</HI> in the Bench, &s;he cannot have execution there of tho&s;e dam|mages
<PB N="230" REF="118">recovered by <HI>capias ad &s;atisfaciendum,</HI> for that, that the <HI>Capias</HI> doth not lye in the Originall, 11 <HI>H.</HI> 7. <HI>f.</HI> 15. <HI>&amp;</HI> 2 <HI>H.</HI> 4. <HI>f.</HI> 7.</P>
<P>The Statute of <HI>We&s;tm.</HI> 2 <HI>chap.</HI> 18. gives <HI>Elegit,</HI> that is to &s;ay, That the Sheriffe &s;hall deliver all the Chattells of the Debtor (except the Oxen and Bea&s;ts of the Plow) and the half of his Land, &amp; that doth not extend to a Court-Baron but to Courts where Proce&s;s is directed to the Sherift, and the Statute is al&s;o when a Debt is recovered in a Court of the Kings, and Court-Baron cannot award the halfe of the Land in Execution, for it is no Court of the Kings, but of the Lords, and he cannot meddle with Lands with|out the Kings Command, but in other Courts Execution &s;hall be of Lands, which hath a day of Judgement given, and of Goods in this Court, and Bea&s;ts which the party hath day of the Execution awarded, and &s;ee al&s;o exe|cution of Recogni&s;ances and of Statutes for your Learn|ing.</P>
<P>Execution &s;hall be of Land which hath day of recovery, 7 <HI>Ed.</HI> 3. <HI>f.</HI> 93. and 21. <HI>A&s;s.</HI> 2.</P>
<P>A man &s;hall have Execution of Lands which he had day of the Judgement, and not before Abridgment, <HI>A&s;&s;. fol.</HI> 93. 19. <HI>Ed.</HI> 2. <HI>Fitzh. Execution</HI> 249. <HI>Natura brevium fol.</HI> 168.</P>
<P>A man &s;hall have execution in Debt of no Land but of of that which the Defendant had, day of the Judge|ment given, and of Chattels which he had day of the Exe|cution &s;ued, <HI>Natura brevium fol.</HI> 107. and 2 H. 4. <HI>fol.</HI> 15.</P>
<P>It &s;eems that all the halfe of the Lands which a Recog|ni&s;or hath which enters into a Recogni&s;ance day of that, or after are liable in execution by <HI>Elegit,</HI> 24 <HI>Ed.</HI> 3. <HI>fol.</HI> 27. <HI>tit. Execution</HI> 90. <HI>Fitzh.</HI> 267. <HI>D. &amp;</HI> 2 H. 4. <HI>fol.</HI> 9.</P>
<P>Note where one is bound in a Statute, Execution &s;hall be of all his Lands which he had day of the Statute acknow|ledged, or after in who&s;e hands they come by Feoffment or otherwi&s;e, but it is not &s;aid &s;o of Goods and Chattells; And for that they &s;hall not have them in who&s;e hands they come but tho&s;e only which he had in his hands day of the execution awarded.</P>
<P>But if the Cogni&s;or, after the Statute acknowledged, lets his Land for yeares, the Cogni&s;ee may out the Le&s;&s;ee, for
<PB N="231" REF="118">the words are, in who&s;e hands they come, by Feoffment, or in other manner, <HI>Statute of Merchants, fol,</HI> 48.</P>
<P>To have execution of a Statute Merchant; fir&s;t, you &s;hall have a Writ of Certificate in the Chancery, and there upon Certificate &s;hall goe a <HI>Capias,</HI> returnable in the Common Bench, or Kings Bench; and then within one quarter of a yeare, that it &s;hall be taken, &s;hall goe an <HI>Extent</HI> of all his Goods and Lands: See the Statute of Merchants; 37 <HI>H.</HI> 6. <HI>fol.</HI> 6. <HI>Fitzh.</HI> 130. G.</P>
<P>Statute Staple &s;hall be certified as the Statute Mer|chant is, and upon that &s;hall goe a Writ of execution to take him, and to extend his Lands, and this &s;hall be re|turned in the Chancery, and not into the Common Bench or Kings Bench, as the VVrit of execution upon a &s;tatute Merchant &s;hall be, and upon this &s;hall goe a <HI>Liberate, Fitz. fol.</HI> 131. <HI>D.</HI></P>
<P>15 <HI>H.</HI> 7. <HI>fol.</HI> 14. Upon a &s;tatute Staple, he &s;hall have the body, lands, and goods by a VVrit, and upon a &s;ta|tute Merchant: Fir&s;t a <HI>Capias,</HI> by a quarter of a yeare, <HI>&amp;c.</HI> and upon the returne of that <HI>(Non e&s;t inventus)</HI> &s;hall have a VVrit to have execution of his Goods and Lands.</P>
<P>Upon a &s;tatute Staple after a Certificate, &s;hall goe out a VVrit to take his body, and to extend his lands in what County he will; and if that be returned, he cannot have Extent in another County, that is to &s;ay, a <HI>Liberate,</HI> 2 <HI>R.</HI> 3. <HI>fol.</HI> 7.</P>
<P>Upon a &s;tatute Staple &s;hall goe a <HI>Capias</HI> out of the Chancery, returnable in the Chancery to take his body, and to &s;eife his lands into the Kings hands, and at the day of returne of that, <HI>Liberate.</HI> 37 <HI>H.</HI> 6. <HI>fol.</HI> 6.</P>
<P>Note that the Statute of Merchants, <HI>fol.</HI> 79. is, That an execution upon a Recognizance &s;hall not be made, as it is upon a Statute Merchant; but as it was u&s;ed by the Law, before the making of this Statute; and this was to have a <HI>Scire facias,</HI> and upon that an <HI>Elegit,</HI> or a <HI>Fieri facias.</HI></P>
<P>Upon a Recognizance there &s;hall go no <HI>Capias,</HI> but it is u&s;ed otherwi&s;e at this day; that is, <HI>Scire facias</HI> returnable into the Chancery, and they u&s;e now to award a <HI>Capias, Fieri facias,</HI> or <HI>Elegit,</HI> 48 <HI>Ed.</HI> 3. <HI>fol.</HI> 14.</P>
<P>Statute Merchant hath two Seals, and one is the Seale
<PB N="232" REF="119">of the paray, and for that upon that he may have Debt to have execution; but Statute &s;taple, onely the Seale of the party, 15 H. 7. <HI>fol.</HI> 15.</P>
<P>A man may &s;ue Debt upon the Statute Merchant, Sta|ple, or Recognizance: See Statute Merchant, <HI>Fitzh.</HI> 122. <HI>D.</HI> and <HI>fol.</HI> 77. the &s;ame.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Note that there are foure manner of Executions, and note Covin to defeat them void.</HEAD>
<P>THere are foure manner of Executions, that is, of bo|dy by <HI>Capias,</HI> of Chattels by <HI>Fieri facias,</HI> of Lands by <HI>Elegit,</HI> and after the yeare after Judgement, by action of Debt, 11 <HI>H.</HI> 4. <HI>fol.</HI> 42.</P>
<P>Debt upon Recovery, &s;hall not be within the yeare af|ter Judgement, but after the yeare, 5 <HI>Ed.</HI> 4. <HI>fol.</HI> 1.</P>
<P>If after Judgement one gives his Goods to one, to de|fraud me of execution, and notwith&s;tanding takes the profit of them, I &s;hall have Execution of the&s;e Goods, 22 <HI>Booke of A&s;&s;i&s;es</HI> 72. 3 <HI>R.</HI> 2. the &s;ame, and 50 <HI>Ed.</HI> 3. the &s;ame.</P>
<P>All Conveyances of Lands and Hereditaments, Goods and Chattels, Lea&s;es, Rent, Common, or Profit, or charge out of Land, Judgment, Execution, Deeds by fraud or Covin, to the intent to defraud Creditors and others, of their ju&s;t and lawfull Actions, Suits, Debts, Accounts, Damages, Forfeitures, Harriors, and Releifs, are voyd, onely again&s;t the per&s;ons, their Heires, Succe&s;&s;ors, Exe|cutors, Admini&s;trators, and A&s;&s;ignes, and every of them, who&s;e Actions, Suits, Debts, Accounts, Damages, For|feitures, Harriots, and Releifs, by &s;uch fraud &s;hall be, or may be hindred, delayed, or defrauded, notwith&s;tan|ding fained con&s;ideration, expre&s;&s;ing of u&s;e, or any other matter, or thing to the contrary, 13 <HI>Elizabeth, chap.</HI> 5.</P>
<P>Debt again&s;t Executors, they plead gift of all the goods of their Te&s;tator by Deed, without that that they admini|&s;tred other Goods; and the Plaintiffe averrs, that the gift was made to defraud the Creditors, 13 <HI>H.</HI> 4. <HI>fol.</HI> 9. See 16 <HI>Ed.</HI> 4. <HI>fol.</HI> 9.</P>
<P>I&s;&s;ue was taken if the Goods were made away to defraud Execution, or not, 43 <HI>Ed.</HI> 3. <HI>fol.</HI> 3.</P>
<P><PB N="233" REF="119">Where Debtors make Gifts and Feoffments fained, of their Goods and Lands, to their Freinds and others, and take Priviledges, <NOTE PLACE="marg"><HI>Ra&s;tall, Debt,</HI> 5.</NOTE> and take profits of their Lands and Goods &s;o given by fraud, &s;hall be a <HI>Capias,</HI> and Procla|mation, and after, Execution of his Lands and Goods, 2 <HI>R.</HI> 2. <HI>Stat.</HI> 2. <HI>chap.</HI> 3.</P>
<P>Where Debtors make Gifts and Feoffments, <NOTE PLACE="marg"><HI>Ra&s;tall, execution</HI> 5.</NOTE> as it is &s;ayd in the Statute of 2 <HI>R.</HI> 2. and flye to places privi|ledged, and take profits, that the Creditors &s;hall have Execution of the &s;ayd Goods and Chattells, as if no &s;uch Gift: had been made, 50 E. 3. <HI>chap.</HI> 6.</P>
<P>26 <HI>H.</HI> 8. <HI>fol.</HI> 2. If a man takes a Wife which hath Goods and aliens them by Covin, &s;uppo&s;ing a Divorce to follow, and after they are divorced, the VVife may averr the Co|vin, and have her Goods againe.</P>
<P>33 <HI>H.</HI> 6. <HI>fol.</HI> 5. One buyes in Market open, Goods ta|ken by wrong, if the buyer have knowledge of the wrong, the property is not altered.</P>
<P>14 <HI>H.</HI> 8. <HI>fol.</HI> 9. by <HI>Brook,</HI> If I by fraud and Covin, cau&s;e one to take your Goods, and to &s;ell them to me in an open Market, yet that &s;hall not change the property, for that I am party to the Covin.</P>
<P>At <HI>Northampton</HI> before the Lord <HI>Dyer,</HI> there was a Deed of gift of Goods &s;hewed, and in that it was expre&s;t by words to the u&s;e of the Donee, and yet it was averred that it was by Covin.</P>
<P>44 <HI>Ed.</HI> 3. <HI>fol. ult.</HI> A VVoman hath good cau&s;e to be endowed, and &s;hee procured <HI>J.S.</HI> to out the Tenant, and then &s;hee brought a Writ of Dower again&s;t <HI>J. S.</HI> and re|covered, and had Execution; the Tenant may have an A&s;&s;i&s;e again&s;t her, and recover.</P>
<P>22 <HI>Book of A&s;s.</HI> 1. A&s;&s;i&s;e, The Tenant, hanging the A&s;|&s;i&s;e, enfeoffs another, or &s;uffers another to enter, end re|cover by <HI>Formedon,</HI> by elder gift, this Covin &s;hall not hurt the Plaintiffe, but that he may recover.</P>
<P>38 <HI>Book of A&s;&s;i&s;es,</HI> VVhere one was outlawed of Felony, alleadges Impri&s;onment at the time of the Outlawry, and it was replyd, that he was in Pri&s;on by his owne Covin, and i&s;&s;ue upon that.</P>
<P>41 <HI>Book of A&s;&s;i&s;es</HI> 2. A man hath right of Action, and makes one by Covin to enter upon him which is in by
<PB N="234" REF="120">di&s;cent, and recovers, he &s;hall be adjudged to be in as an Abator, and not by Title.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Evidence.</HEAD>
<P>AND for that, that you have not many times Coun|cell in your Court Barons, and for that, that it is many times pleaded to the generall I&s;&s;ue, where it ought not: It is now expedient to &s;hew, what matter may be gi|ven in evidence upon generall I&s;&s;ue, and what not: And fir&s;t where the Defendant pleads the generall I&s;&s;ue, and &s;hews in evidence, that the Plaintiffe hath no &s;uch cau&s;e of Action as is brought, nor no cau&s;e of Action, this is good evidence upon generall I&s;&s;ue.</P>
<P>Action upon the Statute of <HI>(Parco fracto)</HI> not guilty, and evidence that hee hath no Park, is good, 19 <HI>H.</HI> 6. <HI>fol.</HI> 7.</P>
<P>Tre&s;pa&s;&s;e in VVarren, not guilty, and evidonce that he hath no VVarren, is good, 10 <HI>H.</HI> 6. <HI>fol.</HI> 17. and 34 <HI>H.</HI> 6. <HI>fol.</HI> 7.</P>
<P>Tre&s;pa&s;&s;e by VVarden of the Fleet, not guilty, and e|vidence that he is not VVarden, is good, 4. <HI>Ed.</HI> 4. <HI>fol.</HI> 7. and 12 E. 4. <HI>fol.</HI> 7.</P>
<P>Tre&s;pa&s;&s;e of a Hou&s;e broken, not guilty, and evidence that the Plaintiffe hath no Hou&s;e there, is good, 22 <HI>H.</HI> 6. <HI>fol.</HI> 7.</P>
<P>Tre&s;pa&s;&s;e, not guilty, and evidence that the place where the Tre&s;pa&s;&s;e was done, is the free-hold of another, and not of the Plaintiffe, is good, 4 E. 4. <HI>fol.</HI> 5.</P>
<P>Debt again&s;t a Vicar for holding Farmes: He hath not again&s;t the forme of the Statute, and evidence that hee had, for maintenance of his Hou&s;e, it is good, 27 <HI>H.</HI> 8. <HI>fol.</HI> 25.</P>
<P>Action upon the Ca&s;e of finding his Goods, and con|verting them to the u&s;e of the Defendant, not guilty, and evidence that they were not the Goods of the Plaintiffe, is good, 3 <HI>Mar.</HI> and 33 <HI>H.</HI> 8. Action upon the Ca&s;e, 109. Otherwi&s;e it is in Tre&s;pa&s;&s;e, 27 <HI>H.</HI> 8. <HI>fol.</HI> 25.</P>
<P>Debt upon arrearages of account, hee oweth him no|thing in manner and forme, and evidence, that there was no &s;uch account, is good, 2 <HI>H.</HI> 6. <HI>fol.</HI> 26.</P>
<P><PB N="235" REF="120">Debt upon arrearages of Rent upon a Lea&s;e for yeares, he owes him nothing, and evidence that hee did not de|mi&s;e, is good, 7 H. 7. <HI>fol.</HI> 3.</P>
<P>Debt upon &s;ale of a Hor&s;e for forty &s;hillings, the De|fendant may plead he oweth him nothing in manner and form, and evidence that the &s;ale was of two Hor&s;es for forty &s;hillings, or that it was of an Oxe for forty &s;hillings, is good, 21 E. 4. <HI>fol.</HI> 26. and 9 E. 4. <HI>fol.</HI> 1. by <HI>Moyle.</HI></P>
<P>VVa&s;te, no wa&s;te made, and evidence that the Hou&s;e was burnt by the Kings enemies, or by Thunder, or it was ruinous at the time of the Lea&s;e, is good: And &s;o every thing that is no wa&s;te, for that proves that the Plaintiffe hath no cau&s;e of Action, 12 H. 8. <HI>fol.</HI> 1. and 22 H. 6. <HI>fol.</HI> 56. In maintenance, not guilty, evidence that the thing that is done is no maintenance, is good.</P>
<P>Action of extortion again&s;t the Sheriffe, which pleads that he tooke not, and evidence, that by pre&s;cription hee hath Barr fee of every one which he takes, and is good, for it is no extortion, 21 H. 7. <HI>fol.</HI> 17.</P>
<P>4 E. 4. <HI>fol.</HI> 5. Tre&s;pa&s;&s;e, The Defendant pleads not guilty, and gives in evidence, that it is the Feeehold of another, and good, for then the Plaintiff hath no cau&s;e of Action.</P>
<P>2 H. 6. <HI>fol.</HI> 26. Debt upon arrearages of account, he owes him nothing in manner and forme, and evidence that there was no &s;uch account, is good, for hee hath no &s;uch cau&s;e of Action.</P>
<P>2 <HI>Mar.</HI> and 33 H. 8. <HI>tit. Action upon the Ca&s;e,</HI> and Count upn finding the Goods, and converting them to his owne u&s;e; the Defendant pleads not guilty, and gives in evi|dence that they were not the Goods of the Plainliffe, for he hath no cau&s;e of Action, 5 H. 7. <HI>fol.</HI> 3. the &s;ame,</P>
<P>10 H. 7. <HI>fol.</HI> 24. <HI>Ce&s;&s;avit,</HI> That he held diver&s;e Lands by intire &s;ervice; he did not hold in manner and forme, and gives in evidence, that he holds by &s;everall &s;ervices, is good, for he hath no &s;uch cau&s;e of Action.</P>
<P>27 H. 8. <HI>fol.</HI> 25. Tre&s;pa&s;&s;e of Goods carryed away, the Defendant pleads that the property of the Goods was not in the Plaintiffe, and that is no plea in Tre&s;pa&s;&s;e, but in Replegiare: And &s;ome for that &s;eeme, that this is no good evidence in Tre&s;pa&s;&s;e, upon a Plea of not guilty.</P>
<P>9 H. 7. <HI>fol.</HI> 3. Debt for Rent upon a Lea&s;e for yeares,
<PB N="236" REF="121">that he oweth him nothing, and evidence that he did not demi&s;e, is good.</P>
<DIV3 TYPE="section">
<HEAD>&V;pon a generall I&s;&s;ue, the Defendant by evidence to convey to him&s;elfe intere&s;t and title, is good evidence.</HEAD>
<P>TRe&s;pa&s;&s;e of Ga&s;haukes taken, not guilty, and evidence that he had a Lea&s;e of a VVood for yeares, where they were taken, it is good, for it is a title, 16 E. 4. <HI>fol.</HI> 2.</P>
<P>Tre&s;pa&s;&s;e, The Defendant pleads his Free-hold, and gives in evidence, a Fine with Proclamation, it is good, for it is a Title, 27 H. 8. <HI>fol.</HI> 27.</P>
<P>Tre&s;pa&s;&s;e, not guilty, and in evidence a Lea&s;e for years, is good, 12 <HI>H.</HI> 8. <HI>fol.</HI> 2.</P>
<P>Account of receit by the hands of <HI>J. S.</HI> the Defendant pleads he was never his Receiver, and evidence, <HI>J. S.</HI> gave that to him, is good, 2 <HI>H.</HI> 4. <HI>fol.</HI> 13.</P>
<P>Action upon the ca&s;e of finding Goods and converting them to his u&s;e, the Defendant pleads not guilty, and evidence that they were pawned to him for ten pounds, is good, 4 E. 6. <HI>Br:</HI> 113.</P>
<P>Tre&s;pa&s;&s;e, not guilty, the Defendant may give a Lea&s;e for yeares in evidence, contrary of a Lea&s;e at will, for this is determinable at plea&s;ure, 25 <HI>Hen.</HI> 8. Generall I&s;&s;ue 82.</P>
<P>Tre&s;pa&s;&s;e of Goods taken, the Defendant may plead not guilty, and evidence that he recovered, and had them delivered in Execution, and is good, 22 <HI>Booke of A&s;&s;i&s;es,</HI> 73.</P>
<P>Tre&s;pa&s;&s;e, not guilty, and evidence that the property was to <HI>J. S,</HI> which gave them to him, is good, 9 <HI>H.</HI> 6. <HI>fol.</HI> 11.</P>
<P>A&s;&s;i&s;e by a Woman, no wrong, and evidence that her Husband enfeoffed him, is good, 45 <HI>Book of A&s;s.</HI> 8.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Defendant upon a generall I&s;&s;ue, if by evidence he acknow|ledges that he did the wrong, and ju&s;tifies it, and gives matter which goes to di&s;charge him of the act by Ju&s;tifi|cation, this evidence is not good, but he ought to have pleaded that.</HEAD>
<P>TRe&s;pa&s;&s;e, not guilty, and evidence that the property was to <HI>J.S.</HI> and that he, as &s;ervant, and by his com|mandement
<PB N="237" REF="121">took them, it is not good, for he acknow|ledgeth by the evidence, that he made the tre&s;pa&s;&s;e, and ju&s;tifies that, 25 <HI>H.</HI> 8. Generall I&s;&s;ue, 81.</P>
<P>Wa&s;te, No wa&s;te made is pleaded, and evidence that the Plaintiffe let to him the Hou&s;e and Land by Deed, and granted to him by the &s;ame Deed, that he might cut Trees to repaire that, it is no good evidence: The &s;ame Law in Debt, he owes him nothing, and evidence that the Plaintiffe hath relea&s;ed that to him: The &s;ame Law in Tre&s;pa&s;&s;e of Battery, not guilty, and evidence that he did that (in defending him&s;elfe) it is not good: The &s;ame Law in maintenance, not guilty, and evidence law|full maintenance, it is not good, for the&s;e matters in e|vidence are ju&s;tifications, which goe in di&s;charge of the party, and not by title, but by Ju&s;tification, 12 <HI>Hen.</HI> 8. <HI>fol.</HI> 1.</P>
<P>Tre&s;pa&s;&s;e, not guilty, and evidence that he had a Clo&s;e adjoyning, that the Plaintiffe ought to inclo&s;e, and for not inclo&s;ing they enter, it is not good, for it is contrary to (not guilty) and is a Ju&s;tification, 19 <HI>H.</HI> 8. <HI>fol.</HI> 6.</P>
<P>Tre&s;pa&s;&s;e, not guilty, and evidence that it was the free|hold of <HI>J. S.</HI> and that he licen&s;ed him to enter, by ver|tue of which he entred, it is not good, for it is Ju&s;tification, 4 <HI>Ed.</HI> 4. <HI>fol.</HI> 5.</P>
<P>Tre&s;pa&s;&s;e of Battery (not guilty) and evidence that it was made in his defence, not good, 11 <HI>H.</HI> 4. <HI>fol.</HI> 63.</P>
<P>25 <HI>H.</HI> 8. <HI>Br: tit. Generall I&s;&s;ue,</HI> 81. In A&s;&s;i&s;e or Tre&s;|pa&s;&s;e, if the Defendant pleads no wrong, or not guilty, he cannot by evidence intitle a &s;tranger, and ju&s;tifie by his commandement: So for Common, Rent &s;ervice, Rent charge, or ju&s;tifie by licen&s;e, the&s;e ought to be pleaded, and not given in evidence; contrary of a Lea&s;e for yeares.</P>
<P>34 <HI>H.</HI> 8. <HI>Title, Generall I&s;&s;ue,</HI> 89. Debt upon an E&s;cape out of execution, Defendant cannot &s;ay that e&s;caped not, and give in evidence that he was not arre&s;ted, for that is in Plea.</P>
<P>27 <HI>H.</HI> 8.21. By <HI>Fitzherbart</HI> and <HI>Shelley,</HI> in Debt upon the Statute of 21 <HI>H.</HI> 8. again&s;t a Vicar for taking Farmes, the Defendant &s;aith, that hee neither had, nor kept to farme, again&s;t the forme of the Statute; he may give e|vidence that he took that for maintenance of his Hou&s;e,
<PB N="238" REF="122">by the Provi&s;o in the Statute, notwith&s;tanding <HI><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">awdwe<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> denyed it.</P>
<P>20 <HI>H.</HI> 6. <HI>fol.</HI> 24. Debt upon arrearages of account, the Defendant &s;aith, hee oweth him nothing in manner and forme, and gives in evidence that there was no &s;uch ac|count, and by <HI>Newton</HI> it is good, and yet he might have pleaded no &s;uch account.</P>
<P>22 H. 6. <HI>fol.</HI> 56. Debt again&s;t Abbat for borrowing, he may account generally, that the ten pounds borrowed came to the u&s;e of the Hou&s;e, and give in evidence how, as in buying of Bread and Drink.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Evidence which is contrary to that in I&s;&s;ue, or which is not an&s;werable to the matter in I&s;&s;ue, is not good.</HEAD>
<P>NOthing pa&s;&s;ed by the Deed, and evidence that it is not his Deed, is not good, for it is contrary to the I&s;&s;ue, and to that which he acknowledged in his Plea by Implication, 5 H. 4. <HI>fol.</HI> 2.</P>
<P><HI>Mortdance&s;ter,</HI> The Tenant &s;aith, that he is ready to heare the Recognition of the A&s;&s;i&s;e, and in evidence that the Plaintiffe is Ba&s;tard, it is not good, for it is contrary to this thing, admited and imployed, 22 <HI>Book of A&s;s.</HI> 3.</P>
<P>Covenant, I&s;&s;ue was, If the Defendant had made an E&s;tate &s;ufficient to the Plaintiffe of <HI>Higgens</HI> Clo&s;e, or not, and evidence that it is not &s;o much in value, it is not good, for it is not an&s;werable to the matter in I&s;&s;ue, 27 <HI>H.</HI> 8. <HI>fol.</HI> 35.</P>
<P>Tre&s;pa&s;&s;e, The Defendant ju&s;tifies for Common ap|pendant, and gives in evidence that he hath Common by reaion of Neighbourhood, it is not good, for it is not an|&s;werable to the matter in I&s;&s;ue, 13 <HI>H.</HI> 7. <HI>fol.</HI> 13.</P>
<P>11 <HI>H.</HI> 4. <HI>fol.</HI> 63. Tre&s;pa&s;&s;e of beating, not guilty, and evidence that it was in his defence, it is not good, for it is a matter of ju&s;tification and contrarying.</P>
<P>7 <HI>Ed.</HI> 6. <HI>tit.</HI> 14. In Debt upon an Obligation made for U&s;ury, If the Defendant plead (it is not his Deed) he cannot give in evidence that it was made for U&s;ury, for it is contrarying.</P>
<P>5 <HI>Ed.</HI> 4. <HI>fol.</HI> 5. Debt upon obligation, for letting him to baile, and doth not name Sheriff, the Defendant gouht to plead that, and &s;o not his Deed, but not generally (not his
<PB N="239" REF="122">Deed) and give that in evidence for it is contrarying.</P>
<P>3 <HI>H.</HI> 7. <HI>f.</HI> 5. Where two are bound joyntly and &s;everally, and one Seale is broken, yet in Debt again&s;t the other or again&s;t him, he cannot plead (not his Deed) and give that in evidence, for it is contrary, but he may plead the &s;peciall matter and conclude, &s;o not his Deed.</P>
<P>5 <HI>H.</HI> 7. <HI>f.</HI> 2. If one plead nothing pa&s;&s;ed by the Deed, he cannot after give in evidence that it is not his Deed, for it is contrarying.</P>
<P>9 <HI>H.</HI> 7. <HI>fol.</HI> 3. Derinue, the Defendant &s;aith, he doth not detaine, and he cannot give in Evidence, that he hath that in pawn, for it is contrarying.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where the Evidence proves the effect and &s;ub&s;tance of the I&s;&s;ue, is good.</HEAD>
<P>THE Plaintiff Pleads a Lea&s;e &s;imply, and gives in evi|dence a Lea&s;e upon condition, and for that, that the condition is performed, it is good, for the evidence proves the effect and &s;ub&s;tance of the I&s;&s;ue, and for that it is good, 14 <HI>H.</HI> 8. <HI>f.</HI> 20.</P>
<P>38 <HI>H.</HI> 6. <HI>f.</HI> 9. The Array was challenged, for that, that was made at the denominating of the Clerke of the Plain|tiff.</P>
<P>Evidence that it was made by the Bailiff of the Fran|chi&s;e at his denomination, is good.</P>
<P>44 <HI>Ed.</HI> 3. <HI>fol.</HI> 39. <HI>J.S.</HI> pleads a Feoffment made to him, and gives in evidence that there was a Fine which is a Feoff|ment of Record, and is good.</P>
<P>27 <HI>H.</HI> 8. <HI>fol.</HI> 29. Action upon the ca&s;e by the Husband of an <HI>A&s;&s;ump&s;it</HI> made to him, and given in evidence that it was made to his Wife, to which he agreed, and is good.</P>
<P>14 <HI>H.</HI> 8. <HI>fol.</HI> 18. Fal&s;e Impri&s;onment, If the Defendant ju&s;tifie by Warrant, if the Warrant were after the Arre&s;t, the Plaintiff may &s;ay of his own wrong, without that, that he had any warrant, and may give this matter in Evi|dence.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Forraine matter plead in Court-Baron.</HEAD>
<P>IF a Plaint be in the Court-Baron of a Debt or tre&s;pa&s;s, and forraine matter is pleaded there, it &s;hall not be tri|ed
<PB N="240" REF="123">in Bench, though that this Court &s;hall be out of the Juri&s;diction, but it &s;eems &s;hall be tried in the County where the Court-Baron is, or the forraine matter is alleadged to be done, 1 <HI>H.</HI> 5. <HI>f.</HI> 12.</P>
<P>A man cannot remove a Plea out of Court-Baron into Bench, but in a Replegiare, and not in Debt or tre&s;pa&s;&s;e, unle&s;&s;e that the Damages are not to forty &s;hillings, 14 <HI>H.</HI> 8 <HI>f.</HI> 17. by <HI>Fitzh.</HI></P>
<P>Note more before that.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Fine.</HEAD>
<HEAD TYPE="sub">Where it &s;hall be paid by Copy-holder, that I have &s;een u&s;ed, is as in&s;ues.</HEAD>
<P>NOte, that it is commonly &s;aid, 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 &s;ay, upon every admittance of every new Tenant, to the Lord by copy, as upon every alienation by &s;urrender, and admit|tance upon that, and upon every di&s;cent and admittance upon that, al&s;o if a Copy-holder &s;urrender into the hands of the Lord to the u&s;e of diver&s;e and their Heires, as to 2.3. or 4. and their Heires, upon the admittance of them the Lord &s;hall have but one Fine, for it is but one &s;urren|der and one admittance of a Tenant, and upon the death of the Survivor, and the admittance of his Heire, then an other Fine, &s;o that the Fine is to be adjudged, due alwaies upon admittance of Tenant and not without admittance.</P>
<P>And for that if two be admitted and one dies, the other &s;hall have his part by Survivor without new admittance, and &s;hall not pay a Fine.</P>
<P>Al&s;o where a Surrender is made to the u&s;e of a Husband and his Wife, and to the Heires of the Husband, upon their admittance the Lord &s;hall have but one Fine, for it is one &s;urrender, and both are but one new Tenant, and after the death of the Husband and the Wife, upon ad|mittance of the Heire of the Husband, the Lord &s;hall have another Fine.</P>
<P>Al&s;o where a &s;urrender is made to one for life and after his death, the remainder to another, and the Heires of his
<PB N="241" REF="123">Body begotten, and for default of &s;uch I&s;&s;ue, remainder to a third and his Heires; in this ca&s;e admittance of the Te|nant for life, ve&s;ts the remainder in the others, and di|vers learned Stewards take but one Fine only of admit|tance of a Tenant for tearme of life, and nothing of tho&s;e two in remainder, when the Remainder falls, but I have &s;een that every one in the remainder, when they come to the Land &s;hall make Fine, though it be not the whole fine but a halfe, and every one is admitted when a remainder falls, but it need not, for by the admittance of the Tenant for life, the remainder is &s;o ve&s;ted that he in remainder need no other admittance, and they are but one E&s;tate and one &s;urrender, the &s;ame Law is where there is a &s;ur|render to one for life, the remainder to another and his Heires, there &s;hall be but one Fine. But then it is good, that both be admitted together according to the &s;urrender, at the time of the &s;urrender made.</P>
<P>Al&s;o where one out of the Court by cu&s;tome, &s;urrenders into the hands of two Tenants to the u&s;e of him&s;elfe for life, and after his death to the u&s;e of <HI>J.S.</HI> and his Heires, and dies before the next Court, and then all this is pre|&s;ented at the next Court, he in the remainder &s;hall be ad|mitted, and pay but one Fine, for it is impo&s;&s;ible 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 &s;urrender, and one being to be Copy-holder &s;hall be paid but one Fine.</P>
<P>Al&s;o where a Copy-holder is admitted upon &s;urrender he &s;hall pay a Fine, but if it be &s;o that he have common recovery in plaint, in nature of a VVrit of entry in the <HI>(Po&s;t)</HI> upon his better a&s;&s;urance, and for to defeat an e&s;tate taile, tho&s;e which recover have Sei&s;in by command (by <HI>Habere facias Sei&s;inam</HI>) and al&s;o they are in, in the <HI>(Po&s;t)</HI> and by the recovery, and for that no Fine &s;hal be there payd to the Lord but one, for the recovery was al&s;o but for fur|ther a&s;&s;urance, and the &s;urrender and all make but one Tenant by Copy, and &s;o there is due but one Fine.</P>
<P>Al&s;o where the cu&s;tome is, that for every Cottage and for every Hou&s;e, the Lord &s;hal have upon every alteration and admittance of Tenant, for one Fine three &s;hillings, and there is a Cottage or a Hou&s;e is decayed, it is called a Home-&s;tall, and by the cu&s;tome al&s;o, for every Home-&s;tall
<PB N="242" REF="124">he &s;hall pay for a Fine three &s;hillings there, if the Tenant makes of one Hou&s;e two Hou&s;es or build a new Hou&s;e, he &s;hall not pay a Fine for the&s;e new Hou&s;es, nor for two Hou&s;es, which before was but one, for the pre&s;cription doth not hold place, but for the old Hou&s;es.</P>
<P>Al&s;o where the cu&s;tome is, that for a Fine for a licen&s;e to let for yeares, the Tenant &s;hall pay for every Hou&s;e, which the Tenant lets for every yeare that he hath licen&s;e, foure pence, there if he make of one Hou&s;e diver&s;e Cotta|ges, as of Barnes and Stables, diver&s;e Cottages there for licen&s;e to let his Hou&s;e, he &s;hall pay but foure pence for every yeare that he hath licen&s;e to let the whole, and not for divers Hou&s;es, for otherwi&s;e the pre&s;cription doth not hold place.</P>
<P>Al&s;o if Tenant for life, and he in remainder or rever|&s;ion, ioyne in a &s;urrender to one and to his Heires, he to who&s;e u&s;e the &s;urrender is made, &s;hall pay but one Fine, for it is but one admittance and not &s;everall, and one &s;urrender and not &s;everall, and there is but one Tenant admitted, the &s;ame Law, where two Joynt-Tenants, two Tenants in Common, or two Coparceners, &s;urrender to one and his Heires, &s;hall be payd but one Fine.</P>
<P>Al&s;o a woman is marryed a Virgin, &s;he &s;hall have all for her Dower by the cu&s;tome, there it is u&s;ed &s;he &s;hall pay a Fine, and it is rea&s;on, for that &s;he is admitted, the &s;ame Law is where a VVoman hath a third part by the cu&s;tome for Dower, but it is u&s;ed commonly within Mannors, to pay but halfe a Fine, which is paid for Inheritance; but the cu&s;tome of the Mannor is to be con&s;idered in this ca&s;e.</P>
<P>If a Copy-hold be &s;urrendred upon condition, and the condition is broken, he which &s;urrenders may re-enter without paying Fine or new admittance.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Forfeiture of Copy-hold.</HEAD>
<P>WHere a Copy-holder of Inheritance according to the cu&s;tome of the Mannor, is out-Lawed in an action per&s;onall, as in Debt, or other Action per&s;onall, he &s;hall not forfeit the profits of his Copy-hold to the King, for that, that he hath but an F&s;tate at the VVill of the
<PB N="243" REF="124">Lord, and the Free-hold is in the Lord, but where a co|py-holder is attaint of Felony or Trea&s;on, the Lord &s;hall &s;ei&s;e the Copy-hold as forfeit to him, and not to the King, notwith&s;tanding where one holds by Charter and is out-Lawed in Action per&s;onall, the King &s;hall have the pro|fits of that Land, 9 <HI>H.</HI> 6. <HI>fol.</HI> 20.</P>
<P>But if he make a Feoffment after he is out-Lawed, then the Feoffee &s;hall have the profits, 21 H. 7. <HI>fol.</HI> 7. accor|dingly: Yet it is otherwi&s;e as is afore&s;aid, where a copy-holder is out-Lawed in a per&s;onall action.</P>
<P>If one by an Indenture, bargain and &s;ell all his Lands, Tenements, and Hereditaments, in <HI>D.</HI> and Inrol tha<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> accor|cording to the Statute of 27 H. 8. <HI>C.</HI> 16. and hath in <HI>D.</HI> Lands held by Charter, and other Lands by copy, and af|ter levy a Fine, and &s;uffers recovery of that accordingly; yet the copy-hold is not forfeit.</P>
<P>The &s;ame Law if a copy-holder hath &s;o much Land in <HI>D.</HI> held by copy, and makes a Feoffment of all his Land in <HI>D.</HI> and makes no Livery, this is no forfeiture, for the Feof|fee is but Tenant at will, the &s;ame Law is, if the copy-holder let to one for life, and makes no Livery, it is no Forfeiture.</P>
<P>The &s;ame Law is, if one enfeoff <HI>J.S.</HI> by Deed of all his Lands, Tenements, and Hereditaments, in <HI>D.</HI> and holds in <HI>D.</HI> part by Charter, and part by copy-hold, and makes Livery of that held by Charter, the&s;e other Lands held by copy are not forfeit, but if he make Livery in any part held by copy, there is forfeiture of all his copy-hold in <HI>D.</HI> ex|pre&s;&s;ed in the Deed.</P>
<P>But if one hath in <HI>D.</HI> certaine Lands in Socage by Charter, and certaine other by copy, and devi&s;e all his Lands, Tenements, and Hereditaments, in <HI>D.</HI> this is no forfeiture of the copy-hold there.</P>
<P>It is &s;aid that a copy-holder cannot alien by Deed, and for that &s;ome collect if <HI>A.</HI> let copy-hold without Deed for yeares that, it is no forfeiture, <HI>Littleton fol.</HI> 15. Yet in|quire.</P>
<P>And <HI>Littleton fol.</HI> 45. is, Where Lord lets to his Villain by Deed for yeares, he is made free, and without Deed it &s;eems he is not made free, and, 24. <HI>Ed.</HI> 3. in Villainage af|ter, by <HI>Wilby</HI> without Deed is no infranchi&s;ement by Lea&s;e.</P>
<P><PB N="244" REF="125">And &s;o &s;ome &s;ay that a Lea&s;e by copy-holder by Deed for yeares, is forfeiture, and where it is without Deed, proving the Lea&s;e, it is no forfeiture, yet inquire, but if it be not a perfect Lea&s;e by word for yeares, but by words of implication, and gives no Fine nor other con&s;ideration, and the copy-holder gain&s;ay that Lea&s;e, when it comes in que&s;tion in the Lords Court, this &s;eems no forfeiture; al&s;o if a Stranger makes wa&s;t, as in cutting Trees growing upon the copy-hold, where by the cu&s;tome of the Mannor, the copy-holder cannot make wa&s;t, that is no forfeiture, the &s;ame Law is, where a copy-holder by licen&s;e of his Lord, hath let for yeares to <HI>J.S.</HI> which makes wa&s;t, this is no forfeiture of copy-hold of Inheritance,</P>
<P>Al&s;o if one within the view of copy-hold, &s;aith to one, I will not out you, during your life, or within the copy|hold, he &s;aith, I am content that you &s;hall have my copy|hold Land for tearme of your life, or lets to him for life, without Deed, and without Livery upon the Deed, it is no forfeiture.</P>
<P>Where one hath a Rent-Seck, if the Tenant upon de|mand, deny to pay it, or if the Tenant be not then ready to pay, this is a denying, which is Di&s;&s;ei&s;in, but if the co|py-holder do not deny to pay his Rent upon demand, though he hath no Money ready to pay that, and &s;o doth not pay that, is no forfeiture, <HI>Lit.</HI> 51. See, 42 <HI>Ed.</HI> 3. <HI>fol.</HI> 25.</P>
<P>If a copy-holder be in pri&s;on divers yeares, and by that meanes comes not to make &s;uit at divers Courts, but is ab|&s;ent, yet this is no forfeiture of his copy-hold, the &s;ame Law is, if his Rent be demanded upon the Land, and he is in pri&s;on in the Goal, this is no forfeiture; the &s;ame Law is, if he be hindred by infirmity, or by &s;top of Waters to come to the Lords Court, or to pay his Rent; it is no forfeiture.</P>
<P>The &s;ame Law is, if he be much in Debt, and in feare to be arre&s;ted, or if one be bankrupt, and keep his Hou&s;e, and doth not come to the Lords Court, but makes divers defaults, the&s;e are no forfeitures of their copy-holds.</P>
<P>But if he deny to come to the Court of the Lord, this is a forfeiture of his copy-hold.</P>
<P>But if the Lord claime a Fine, cu&s;tome, or &s;ervices, which is in doubt, whether due or not, and the Tenants
<PB N="245" REF="125">pray the Lord that the Homagers may inquire if it be due or not, and &s;aith, if it be found by the Homagers upon their Oath, that they are due, or if there can be Pre&s;i|dents &s;hewed, that it is due, he will pay it, this is no for|feiture of his copy-hold.</P>
<P>If twelve are a&s;&s;embled again&s;t the form of this Statute, then if any copy-holder, being a Yeoman, Handy-crafts|man, Artificer, Husbandman, or Laborer, and being of the age of eighteen yeares or more, and under forty years, not Impotent, Lame, Maimed, nor having rea&s;onable ex|cu&s;e, and being required to &s;erve the Queen, for any the cau&s;es in the Statute, and refu&s;es, he &s;hall forfeit his copy-hold during his life, 1 <HI>Marie chap.</HI> 12.</P>
<P>If a copy-holder in Court-Baron will &s;ay to his Lord, that he extorts, and exacts Fines, and Services not due; or &s;uch unreverent words of his Lord, and they be fal&s;e, that is finable, but no forfeiture. But if he deny to be Tenant to the Lord, and to be a Juror of the Homage, it is a forfeiture, but if a copy-holder indict his Lord, or gives in evidence in an action again&s;t his Lord, or arre&s;t him, or commence a Suite again&s;t his Lord in any Court of the Queens, the&s;e are not finable, nor no forfeiture.</P>
<P>If Tenant in taile be of a copy-hold, the remainder over in Fee, if the Tenant in taile be attaint of Felony, it &s;eems that the I&s;&s;ue in taile &s;hall have the Land, and not the Lord.</P>
<P>If a copy-holder make a Feoffment of his copy-hold, and the Feoffee dies &s;ei&s;ed, and his Heires levy a Fine of that, and five yeares pa&s;&s;e, the Lord is barred to &s;ei&s;e the Land by forfeiture, as it &s;eems.</P>
<DIV3 TYPE="section">
<HEAD>Some Copy-holder by the cu&s;tome may make wa&s;te, and is no Forfeiture, and wa&s;te by &s;ome Copy-holder is Forfei|ture.</HEAD>
<P>LOpping of Trees by a copy-holder is no forfeiture, but a copy-holder cannot lop Trees, and burn that in the hou&s;e upon other Land or Mannor, nor &s;ell the lops, un|le&s;&s;e by the cu&s;tome he may make wa&s;t.</P>
<P>If a Guardian in Socage of a copy-hold make wa&s;te, the Infant &s;hall not forfeit his copy-hold, but only the Inte|re&s;t of the Ward&s;hip, but inquire. If Le&s;&s;ee for yeares of a
<PB N="246" REF="126">Copy-hold make wa&s;t, and inquire when he is Le&s;&s;ee for yeares by &s;urrender, and when he is Le&s;&s;ee by the licen&s;e of the Lord, it is &s;aid, it is a forfeiture, but during the Tearm.</P>
<P><HI>J. S.</HI> Sei&s;ed in fee of an Acre in <HI>D.</HI> by Charter, and of a|nother by copy, and make a Feoffment and Livery in the Acre by Charter in name of them both, it is no forfeiture of the Acre by copy, but if he make Livery in the Acre by copy in name of both, the Acre by Charter pa&s;&s;es and it is forfeiture of the Acre by copy.</P>
<P>If a copy-holder &s;uffer a common recovery again&s;t him at the common Law, and after &s;urrenders to the u&s;e of a|nother which is admitted, and after one or two admittances pa&s;&s;e upon &s;urrender, yet after when the Lords takes no|tice of the forfeiture, he may well &s;ei&s;e it, for that forfei|ture, for that, that the copy-hold was de&s;troyed by the forfeiture. But otherwi&s;e it &s;eems, if the forfeiture do not de&s;troy the Copy-hold, as if he make wa&s;t or break any cu&s;tome, the Lord is barred by this admittance, as it &s;eems.</P>
<P>If a copy-holder levy a Fine, and five yeares pa&s;&s;e af|ter Proclamation, this &s;eems, barres the copy-holder and his Heires, but it &s;eems doth not barr the Lord, but if a copy-holder make a Feoffment and Livery of his copy|hold, and after levy a Fine, and &s;ix yeares pa&s;&s;e, now the Lord is barred.</P>
<P>If two Joynt Tenants by copy are, and one makes wa&s;t in all the Land, yet he &s;hall forfeit but one part.</P>
<P>If the Heire of a copy-holder having notice of the death of his Ance&s;tor, do not claime within the yeare and day, after the death of the Ance&s;tor, and Proclamation made, he &s;hall loo&s;e it for ever, but otherwi&s;e it is if he be be|yond Sea, or within age, or a Woman having a Husband, it &s;eems &s;he &s;hall not loo&s;e by not claiming.</P>
<P>Tenant for life of a Mannor is, and copy-holder of that commits wa&s;t, and the Tenant for life dyes, he in remain|der may &s;ei&s;e the Land for this wa&s;t, for that it is a forfei|ture which runs with the Land.</P>
<P>See before forfeiture, touched in the Title of copy-hol|der.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="247" REF="126">
<HEAD>Formedon.</HEAD>
<DIV3 TYPE="section">
<HEAD>In &s;o much, that plaints are &s;ued in nature of <HI>Formedon,</HI> for Copy-holds, &s;omething &s;hall be &s;aid touching <HI>Forme|don,</HI> and fir&s;t let us &s;ee where a <HI>Formedon</HI> lies, and where not, and for that, that there are three manner of <HI>Formedons,</HI> that is, <HI>Formed on in Di&s;cender, Remain|der,</HI> and <HI>Reverter,</HI> in <HI>Fitzh. Nat. Brevium,</HI> and there declared how everyone lieth, much &s;hall not be &s;aid, but what is in <HI>Fitzher. Natura brevium,</HI> touching the ly|ing of a <HI>Formedon.</HI></HEAD>
<P><HI>FOrmedon in Di&s;cender</HI> lieth where the Donee in taile or free Marriage, aliens that Land &s;o given in taile, or is di&s;&s;ei&s;ed and dies, his Heire &s;hall have a <HI>Formedon in Di&s;|cender</HI> to recover the&s;e Lands &s;o given in taile, <HI>Fitzh. f.</HI> 211. <HI>A.</HI></P>
<P>Where Tenant in taile aliens or is di&s;&s;ei&s;ed, or if recove|ry be again&s;t him by default, after default, and hee dies, his heire &s;hall have a <HI>Formedon,</HI> for the heire &s;hall not have other recovery of the po&s;&s;e&s;&s;ion of his Ance&s;tor then by <HI>Formedon,</HI> but if he be outed of his own po&s;&s;e&s;&s;ion, as if he be &s;ei&s;ed, and be put out he &s;hall have A&s;&s;i&s;e, <HI>Na|tura brevium fol.</HI> 145.</P>
<P><HI>Formedon</HI> lies by the heire of a gift made before the Statute of <HI>We&s;tm.</HI> 2. Where the Donee after the Statute a|liens and dies, and yet the Statute is, (to gifts before made it &s;hall not be extended) 12 <HI>H.</HI> 4. <HI>f.</HI> 9.</P>
<P>Where there is a Tenant in Dower, or by the curte&s;ie, the rever&s;ion to another in taile, if one intrude after the death of the Tenant in Dower or by the curte&s;ie, he in rever&s;ion &s;hall not have Intru&s;ion but <HI>Formedon, Fitzh.</HI> 204. <HI>D.</HI></P>
<P>Woman Tenant in taile takes a Husband, which ali|ens, and after they are divorced, and after the Wife dies, the heire of the Wife &s;hall not have <HI>(A cui in vita)</HI> but a <HI>Formedon, Fitzh. f.</HI> 204. <HI>K.</HI></P>
<P>If Tenant in taile lets for life, and the Tenant for life aliens in fee, the Tenant in taile &s;hall have a <HI>(con&s;imili ca&s;u)</HI> or a <HI>Formedon</HI> at his plea&s;ure, <HI>Fitz. f.</HI> 207. <HI>D.</HI></P>
<P><PB N="248" REF="127">Where land is given to one for life, the remainder to the Father in tayl, if it were executed in the Father, and he Alien, the I&s;&s;ue may have a <HI>Formedon in Di&s;cender</HI> gene|rally, or may have &s;pecial Writ making mention, how it was given for life, the remainder to his Father in tayl, and one or other is good, 44 <HI>Ed.</HI> 3. <HI>fol.</HI> 6.</P>
<P>In conveyance of Degrees, ye need not name him Heir, but Son of him which was not &s;ei&s;ed, but it is a &s;urer way to name him Son and Heire to every one, if hee were &s;ei&s;ed or not, but he cannot omit any in his VVrit which was &s;ei&s;ed.</P>
<P>If the Demandant omit in <HI>Formedon,</HI> one which held the E&s;tate, that is to &s;ay, who was &s;ei&s;ed, the VVrit &s;hall abate; otherwi&s;e it is in <HI>Scire facias,</HI> 4 <HI>Ed.</HI> 2. <HI>tit.</HI> 48. <HI>Formedon</HI> in Di&s;cender &s;hal abate, for that he omitted one in the VVrit which held an E&s;tate, 44 <HI>Edw:</HI> 3. <HI>fol.</HI> 40.</P>
<P>The Demandant in <HI>Formedon</HI> ought to make his di&s;cent, by all which held the E&s;tate otherwi&s;e, the VVrit &s;hall abate, 46 <HI>Ed.</HI> 3. <HI>fol.</HI> 9.</P>
<P>Though the Demandant be made heire to him which dyed in the life of his Father which was not &s;ei&s;ed, yet the Writ &s;hall not abate, but is good, 48 <HI>Ed.</HI> 3. <HI>fol.</HI> 7.</P>
<P>Where the Demandant in <HI>Formedon</HI> in Di&s;cender makes mention of any, and not of all, the VVrit &s;hall abate, 49 <HI>Ed.</HI> 3. <HI>fol.</HI> 20.</P>
<P><HI>Formedon,</HI> and the Regi&s;ter was &s;hewed, by which it was held that he ought to make him Son to every one, and Sonne and Heire to him which la&s;t held the E&s;tate, but if he makes him Son and Heire to every one, that is more, and good notwithwanding that every one did not hold the E&s;tate, 11 <HI>H.</HI> 6. <HI>fol.</HI> 25.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The Writ is not the wor&s;e, though in the &s;ame it be mentioned that he is the heir of one, or that he &s;hould have &s;carce been heir to him if he had lived, if he be heir to him that la&s;t was &s;ei&s;ed, <HI>11</HI> H. <HI>4.</HI> f. <HI>70.</HI></HEAD>
<P>The Demandant in <HI>Formedon</HI> ought to name him Son and Heir to him that was &s;ei&s;ed; But if one &s;urvive his fa|ther, and were not &s;ei&s;ed, he need not name him&s;elf heir, but &s;on onely; but it is a &s;ure way to name him &s;on and
<PB N="249" REF="127">heire, or cozen and heire to every one, <HI>Fitzh. fol.</HI> 212. <HI>F.</HI></P>
<P><HI>Formedon</HI> abate, for that he made him&s;elf cozen and heir to the Donee, where his father was &s;ei&s;ed after the death of the Donee, and no mention was made of him, 10 <HI>Edw.</HI> 3. <HI>tit.</HI> 41.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>E&s;plees &s;hall be alleadged in <HI>Formedon in reverter,</HI> in the Donor, and in the Donee, and in <HI>formedon</HI> in de&s;cender and remainder, in the Donee onely.</HEAD>
<P><HI>Formedon in reverter,</HI> It behoveth to lay the E&s;plees in his Count in the Donor and Donee, but in <HI>formedon</HI> in de|&s;cender and remainder in the Donee onely, 50 <HI>Ed.</HI> 3. <HI>fol.</HI> 1. <HI>Fitzh. fol.</HI> 220.</P>
<P><HI>Formedon</HI> in remainder, he alleadgeth E&s;plees in the Te|nant for life, and not in the Donor, and in <HI>formedon in re|verter,</HI> in the Donor and Donee, 9 <HI>H.</HI> 6. <HI>fol.</HI> 53. 11 <HI>Ed.</HI> 3. <HI>tit.</HI> 31. the &s;ame, and 18 <HI>Ed.</HI> 2. <HI>tit.</HI> 20.</P>
<P><HI>Formedon</HI> in remainder, he counts upon the matter with|out laying the E&s;plees in the Donor, and it is good, 27 <HI>Ed.</HI> 3. <HI>tit.</HI> 36.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Of what things <HI>Formedon</HI> lyeth, and of what not.</HEAD>
<P><HI>Formedon</HI> lyeth of Gor&s;e, but not of an Advow&s;on, <HI>Fitzh. fol.</HI> 217. <HI>B.</HI> It lies of pa&s;ture for 10 bea&s;ts, and not of com|mon, but a Writ called <HI>quod permittat, Fitzh.</HI> 212. <HI>B.</HI></P>
<P><HI>Formedon</HI> lyeth of Common in gro&s;s. Inquire of 15. <HI>Ed.</HI> 3. <HI>Statham fol.</HI> 95. It lyes of a Corody; that is to &s;ay, of Rent, and certain breads, by the opinion of the Court, 18 <HI>Ed.</HI> 3. <HI>Statham,</HI> 10 <HI>book of A&s;&s;i&s;e, fol.</HI> 11. <HI>Nuper obiit,</HI> was maintained of a Corody.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Ward.</HEAD>
<DIV3 TYPE="section">
<HEAD>For that that in the &s;econd Article is inquired, if Tenant of the Lord dies, if his Heir &s;hall be in ward or not, and for that let us &s;ee where the Lord &s;hall have the Ward of the heir of his Tenant within age, which holds of him by Knights &s;ervice, and where not.</HEAD>
<P><PB N="250" REF="128">ANd note where the Heir of Lands held by Knights &s;ervice, &s;hall be &s;aid in by di&s;cent, to be in Ward, and where not: If the father devi&s;es his Land held in Knights &s;ervice to his Son and Heir in fee and dies, hie Heir with|in age, he &s;hall be adjudged in by di&s;cent, and &s;hall be in Ward; But if it were devi&s;ed to his Son and Heir, and to the Heires of his body, the remainder to another in fee; and dies the Son within age, he &s;hall not be in Ward, for he is in as purcha&s;or, 3 <HI>H.</HI> 6. <HI>fol.</HI> 47.</P>
<P>Where the Heir recovers Land held in Knight-&s;ervice, <HI>in formedon in di&s;cendor,</HI> he &s;hall be adjudged in by di|&s;cent, and if he were within age &s;hall be in ward, 2 <HI>R.</HI> 3. <HI>fol.</HI> 14. and 11 <HI>H.</HI> 7. <HI>fol.</HI> 12. Inquire, if he recover in <HI>Dum non fuit compos mentis.</HI> See <HI>Fitzh. fol.</HI> 114.</P>
<P>If the Heir enter for the condition broken, in lands held by Knights &s;ervice, he &s;hall be adjudged in by di&s;cent, and &s;hall be in ward, if he be within age when he enters, 11 <HI>H.</HI> 7. <HI>f.</HI> 12. 7 <HI>H.</HI> 4. <HI>f.</HI> 13. and 6 <HI>H.</HI> 4. <HI>f.</HI> the &s;ame.</P>
<P>If the Father and the Son purcha&s;e land held by Knights &s;ervice, to them, and to the heires of the father, and the fa|ther dies, though the &s;on within age, he &s;hall not be &s;aid in by di&s;cent to be in ward, 43 <HI>Ed.</HI> 3. <HI>fol.</HI> 36. But by 32 <HI>H.</HI> 8. <HI>ch.</HI> 1. If they be held of the King by Knights &s;ervice, the King &s;hall haue the ward of them.</P>
<P>Where two or more hold joyntly lands held of the King by Knights &s;ervice, to them and to the heires of one of them, and he which hath the Inheritance dies, his heir within age, the King &s;hall have the ward of the body of the infant, though that the other which hath the Free-hold be alive. See the Stat. of Wills 32 <HI>H.</HI> 8. <HI>chap.</HI> 1.</P>
<P>If an Infant in the life of his Father be made Knight, <NOTE PLACE="marg"><HI>Ra&s;tall, Wills</HI> 23.</NOTE> and his Father dies, he &s;hall be in ward; but otherwi&s;e it is where an Infant in ward is made a Knight, there he &s;hall be out of ward, 2 <HI>Ed.</HI> 6. <HI>Tit. Ward</HI> 42. <HI>Magna Charta, chap.</HI> 3.</P>
<P>Where Rever&s;ion di&s;cends to the I&s;&s;ue within age, he &s;hall be in ward; but where he hath a remainder by pur|cha&s;e, is otherwi&s;e; and where he in remainder dies, his heir within age &s;hall be in ward, <HI>Stamf. fol.</HI> 6. and 7. the &s;ame. See the Comment.</P>
<P>35 H. 8. <HI>tit.</HI> 119. A per&s;on twice in ward, where a woman
<PB N="251" REF="128">was young with child, as a man dies &s;ei&s;ed of land held in Knights &s;ervice, his brother and heir within age, the Lord &s;ei&s;es the Ward, the wife of the Tenant being young with child with a Son, and after the wife is delivered, the bro|ther is out of Ward, But if the Infant die, the brother yet within age, there the brother &s;hall be in Ward again; the &s;ame law where a Daughter is in Ward, and after the Son is born.</P>
<P>28 <HI>H.</HI> 8. <HI>Tit Ward</HI> 86. If the King hath an Heir in ward which is a woman, and &s;he marry to one before &s;he be of the age of 14 years, there &s;he &s;hall be in ward but to the age of 14 yeares, and then may &s;ue Livery; for the two years to make 16 years, are not given but to tender marriage, and for that &s;he &s;hall be out of ward at 14 years.</P>
<P>The husband &s;ei&s;ed in fee of Lands held in Knights &s;er|vice, enfeoffs diver&s;e at this day to the u&s;e of him&s;elfe and his Wife, and the heires of their two bodies begot|ten, and for default of &s;uch I&s;&s;ue, to the u&s;e of the right heires of the Husband, and the Husband and the VVife have I&s;&s;ue within age, and the Husband dyes, though the VVife live and hath the Land, the I&s;&s;ue &s;hall be in VVard of the body, as it is &s;ayd: The &s;ame Law, where a man &s;ei&s;ed in Fee of Lands held by Knights &s;ervice, makes a gift in taile to <HI>J. S.</HI> the remainder to his right heires, and dyes, his I&s;&s;ue within age, he &s;hall be in ward of the body, though Tenant in taile have the Land.</P>
<P>If a Rever&s;ion of an E&s;tate for life, or for yeares, be in my Father, and that di&s;cends to me, I &s;hall be in ward, but otherwi&s;e it is of a Remainder; but if a Remainder of an E&s;tate for life be in my Father, and that di&s;cends to me, and after Tenant for life dyes, I &s;hall be in ward, 11 <HI>H.</HI> 7. <HI>fol.</HI> 19. 33 <HI>H.</HI> 6. <HI>fol.</HI> 6. 8 <HI>Edw.</HI> 3. <HI>tit.</HI> 23. and 33 <HI>Edw.</HI> 3. <HI>tit.</HI> 8.</P>
<P>By <HI>Choke,</HI> If Infant be Tenant for life, and the Re|ver&s;ion di&s;cends to him, he &s;hall not be in VVard, 9 <HI>Ed.</HI> 4. <HI>fol.</HI> 19.</P>
<P>Where an E&s;tate is to an Husband and his VVife, and to the heires of the body of the Husband, the remainder to the right heires of the Husband, the Husband hath I&s;&s;ue within age and dyes, the VVife is&punc; Tenant to the Lord, and for that the I&s;&s;ue &s;hall not be in ward.</P>
<P>And if Lands be let to one for life, the remainder to
<PB N="252" REF="129">the right heires of <HI>J. S.</HI> the &s;ame <HI>J.S.</HI> dyes, and Tenant for life dyes, <HI>T. S.</HI> being right heire of <HI>J. S.</HI> and within age, &s;hall not be in ward, for he is a purcha&s;or, 15 <HI>Ed.</HI> 4. <HI>fol.</HI> 10.</P>
<P>Tenant for life, the remainder to another in taile, he in remainder dyes, his I&s;&s;ue within age, the I&s;&s;ue &s;hall be in VVard, if Tenant for life be dead, 33 <HI>H.</HI> 6. <HI>fol.</HI> 6.</P>
<P>Tenant for life, the remainder in Fee, dyes, his heir &s;hal not be in VVard, for Tenant for life is Tenant.</P>
<P>Lord and Tenant, the Tenant is di&s;&s;ei&s;ed and dyes, his I&s;&s;ue within age, he &s;hall be in VVard, <HI>Fitzh. fol.</HI> 142. <HI>B. C. D. Stamf. fol.</HI> 8. the &s;ame. 3 <HI>H.</HI> 4. <HI>fol.</HI> 16. the &s;ame. <HI>Littleton, fol.</HI> 87. the &s;ame.</P>
<P>Lord and Tenant, the Tenant hath a Daughter within age, being his heire, and he marries that Daughter to a Husband of full age, and dyes, the Lord &s;hall not have VVard of the body; but if he marry his Daughter to a Husband within age, &s;hee &s;hall be in VVard, <HI>Natura bre|vium, fol.</HI> 98.</P>
<P>Tenant for life, the remainder in taile to the Husband and his VVife, the remainder to the right Heires of the Husband; the Husband and the Wife dye, his heire with|in age, living the Tenant for life, the heire &s;hall not be in ward, <HI>Fitzh.</HI> 143. <HI>A.</HI></P>
<P>A man makes a Feoffment before the Statute of U&s;es, to the u&s;e of him&s;elfe for life, the remainder to <HI>W.S.</HI> in taile, the remainder to the right Heires of the Feoffor, the Fe|offor dyes; and <HI>W.S.</HI> dies without I&s;&s;ue, the right heire of the Feoffor being within age &s;hall be in ward, for he is in by di&s;cent, for the Fee was not out of the Feoffor: But where one makes a Feoffment in Fee, upon condition, to re-enfeoffe him, and the Feoffee gives to the Feoffor for life, the remainder to another in taile, the remainder to the right heires of the Feoffor, and the Feoffor dyes, and he in remainder in taile al&s;o dyes without I&s;&s;ue, the heire of the Feoffor within age, he &s;hall not be in ward, 32 <HI>H.</HI> 8. <HI>tit. Ward,</HI> 93.</P>
<P>E&s;tate is made to one for life, the remainder to the Husband and Wife in taile, the remainder to the right heires of the Tenant for life; the Husband and the Wife have I&s;&s;ue a Son, which hath I&s;&s;ue two Daughters, and after the Son and the Wife dyes, and after the Son dyes,
<PB N="253" REF="129">and after the Tenant for life dyes, the two Daughters within age &s;hall be in Ward, 28 <HI>Ed.</HI> 3. <HI>tit.</HI> 48.</P>
<P><HI>Marlebridge, chap.</HI> 6. Gives the Lord remedy, where his Tenant aliens by Collu&s;ion, to defraud the Lord.</P>
<P><HI>Marlebridge, chap.</HI> 16. Gives <HI>Mortdance&s;ter</HI> for the heire in Ward again&s;t the Lord, unle&s;&s;e he may have his Land at full age.</P>
<P><HI>Prerog. chap.</HI> 6. If a Woman before the death of her Ance&s;tors which holds of the King in cheife, before the yeares of marriage, be marryed, then the King &s;hall have the Cu&s;tody of her body, till the age that &s;hee may con|&s;ent, and then let her choo&s;e, <HI>&amp;c.</HI></P>
<P>If an Infant be marryed before the yeares of marriage, in the life of her Father, and the Father dyes, and the Wife dyes, before the dayes of marriage of an Infant, yet the Infant &s;hall be in VVard, and &s;hall be marryed againe by the Lord, <HI>Stamf. fol.</HI> 27. 5 <HI>Mar. tit. Ward,</HI> 124. it is held, That marriage is as nothing, for &s;hee may marry another, without Divorce, within the yeares of mar|riage.</P>
<P>A gift is made to one in taile, the remainder to the right heires of <HI>J. S.</HI> which was dead, <HI>T. S.</HI> hath that as right heire; but if he be within age, he &s;hall not be in VVard, for he is in as purcha&s;or, 12 <HI>Ed.</HI> 4. <HI>fol.</HI> 2. 7 <HI>H.</HI> 4. <HI>fol.</HI> 5. 11 <HI>H.</HI> 4. <HI>fol.</HI> 72. &amp; 15 <HI>Ed.</HI> 4. <HI>fol.</HI> 13. the &s;ame.</P>
<P>A VVoman of the age of fifteen yeares, at the time of the death of her Ance&s;tor, &s;hall not be in VVard, for the Lord &s;hall not have VVard there till &s;ixteen, 35 <HI>H.</HI> 6. <HI>fol.</HI> 48. &amp; 28 <HI>H.</HI> 8. <HI>tit.</HI> 86. If the King hath a woman in VVard, and &s;hee marry before fourteen, &s;hee &s;hall be in VVard but to fourteen, for the two yeares are given to tender marriage, and &s;hee is marryed: See <HI>We&s;tmin&s;t.</HI> 1. <HI>chap.</HI> 22.</P>
<P><HI>Merton, chap.</HI> 6. Gives ravi&s;hment of VVard and dou|ble value: And <HI>Merton, chap.</HI> 7. gives the value of the marriage, <HI>We&s;t.</HI> 2. <HI>chap.</HI> 12. <HI>Magna Charta, chap.</HI> 6. The heires &s;hall be marryed without di&s;paragement.</P>
<P><HI>Merton, chap.</HI> 7. Of Lords which marry tho&s;e that they have in their cu&s;tody, to Villaines or others, as Burgers, where they are di&s;paraged: If &s;uch an heire were within fourteen yeares, and of &s;uch yeares that &s;hee cannot con|&s;ent to the marriage, then if the Parents complaine of
<PB N="254" REF="130">that Lord, the Lord &s;hall loo&s;e the cu&s;tody, till the age of the heire, <HI>&amp;c.</HI> But if &s;hee were of fourteen yeares and more, and agreed to &s;uch marriage, no puni&s;hment fol|lows, <HI>Littleton</HI> 21. See what are di&s;paragements, and what not.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Now let us &s;ee where your Lord &s;hall loo&s;e the ward, for that that he holds part in cheife, and what hee &s;hall loo&s;e by that.</HEAD>
<P>THe Lord the King &s;hall have the Cu&s;tody of all the Lands of tho&s;e, which of him hold in cheife, by Knights &s;ervice, of which the &s;ayd Tenants were &s;ei&s;ed in their Deme&s;ne as of Fee, the day that they dyed, of whom&s;o|ever they held, by the like &s;ervices, <HI>&amp;c. Prerogative, chap.</HI> 1.</P>
<P>If any hold of Us by Fee farme, or by Socage, or Bur|gage, and of another holds Land by Knights &s;ervice, We &s;hall not have the cu&s;tody of the Heire, nor of the Land which is of anothers Fee, by the rea&s;on of Fee farme, or Socage, or Burgage, <HI>Magna Charta, chap.</HI> 27.</P>
<P>11 <HI>H.</HI> 7. <HI>fol.</HI> 18. If one hold of the King in cheife, and dyes, his heire within age, and hath Lands di&s;cended from another Ance&s;tor, the King &s;hall not have the Lands in VVard which di&s;cended from another Ance&s;tor: And it &s;eemes if a Remainder be in my Father, and that di&s;|cends to me, I &s;hall be in VVard of the body, living the Tenant for life, otherwi&s;e it is of a Rever&s;ion, for Re|ver&s;ion is a Tenement and held; but if a Rever&s;ion di&s;|cend, and the Tenant for life living, I &s;hall not be in VVard; but if hee dye fir&s;t, otherwi&s;e it is: And if my Father dye &s;ei&s;ed of a Remainder, and the Tenant for life after dye &s;ei&s;ed, during the time that I am within age, I &s;hall be in VVard.</P>
<P>32 <HI>H.</HI> 8. <HI>tit. Ward.</HI> 97. Where a man holds certaine Land of the King in Socage in cheife, the King &s;hall not have Livery of more then of the Land in Socage: The &s;ame Law where he holds in Knights &s;ervice of the King, <NOTE PLACE="marg"><HI>Ra&s;tall, Ward</HI> 13.</NOTE> and not in cheife, the King &s;hall not have more in Ward, but onely that which is held of him immediately.</P>
<P>If one hold of the King in cheife, the King &s;hall have all his Land in Ward, as well held of him as of others: But
<PB N="255" REF="130">otherwi&s;e it is, if he hold of the King, only by Knights Service, <HI>Stam. fol.</HI> 6.</P>
<P>Though that the Tenant of the King be in po&s;&s;e&s;&s;ion of Lands held of others, the King &s;hall have them in ward by his Prerogative, <HI>Stamford fol.</HI> 7. Where the Tenant of the King doth not hold of the King in cheife, the King &s;hall not have the ward of Lands held of other Lords, <HI>Stamford, fol.</HI> 10.</P>
<P>Grand-Father, Father, and Son Infant, the Grand-Fa|ther is &s;ei&s;ed of a Mannor held of <HI>J.S.</HI> and the Father of another Mannor held of the King, in cheife, the Father dies, the King &s;hall have the ward of that Mannor, and af|ter the Grand-Father dyes, the King &s;hall not have the Ward of his Mannor; the Statute of <HI>Prerog.</HI> is, That the King &s;hall have the cu&s;tody of all the Lands, <HI>&amp;c.</HI> of which the Tenants them&s;elves were &s;ei&s;ed of in fee, the day that they dyed, and for that, that the Father was not &s;ei&s;ed of that, the King &s;hall not have it in ward, 15 <HI>Ed.</HI> 4. <HI>f.</HI> 10.</P>
<P>If any hold of the King in fee Farm, Socage, or Bur|gage, and holds al&s;o of another in Knights Service, the King &s;hall not have the Lands, held of another in Ward, by rea&s;on of tho&s;e, <HI>Magna Charta, chap.</HI> 17.</P>
<P>Where a man holds certain Lands of the King, <NOTE PLACE="marg"><HI>Ra&s;tall, Ward</HI> 3.</NOTE> in Socage in cheif, of the&s;e he &s;hall not have Livery of more then the Land in Socage, 32 <HI>H.</HI> 8. <HI>Tit.</HI> 97. Al&s;o where one holds of the King by Knights Service, and not in cheife, the King &s;hal not have more in ward, but that only which is held of him immediately, during the time that the Lands are &s;ei&s;ed in the Kings hands in Ward; otherwi&s;e Lords &s;hall loo&s;e their Rents, that is to &s;ay, that they cannot di&s;traine du|ring that time, <HI>Stam. f.</HI> 9.</P>
<P>Where one holds part of his Land of the King in cheife, and part of another Lord, and dies, his heire within age, and the King &s;ei&s;es the Ward of all, it &s;eems that the Rent of another Lord, and Service is but &s;u&s;pended, for the time that it is in the hands of the King, 26 <HI>H.</HI> 8. <HI>fol.</HI> 9.</P>
<P>The Signiorie of another Lord, in the ca&s;e next before is &s;u&s;pended, but from the di&s;tre&s;&s;e, during the po&s;&s;e&s;&s;ion of the King, 13 <HI>H.</HI> 7. <HI>f.</HI> 15.</P>
<P>If a man holds part of the King, and part of another<PB N="256" REF="131">Lord, and dies his Heire within age, which intrudes at his full age, and paies the Rent to the other Lord, this is a good Sei&s;in, and &s;hall binde him after he hath &s;ued his Li|very, for the Signiorie was not &s;u&s;pended by the po&s;&s;e&s;&s;i|on of the King, but only the di&s;tre&s;&s;e, for after Livery the other Lord may di&s;train for the Arrearages due before, &s;ee now, 34 <HI>H.</HI> 8. <HI>Tit. Sei&s;in</HI> 48.2 <HI>Ed.</HI> 6. <HI>chap.</HI> 8. That the Lords &s;hall have their Rents during the minority, at the hands of the Kings Officers.</P>
<P>26 <HI>H.</HI> 8. <HI>Tit. ward</HI> 85. If the Kings Tenant alien in fee without licen&s;e, and dies, his Heire within age, the King &s;hall not have ward, for that, that there is nothing di&s;cen|ded to him, for the alienation is good; &s;aving the tre&s;|pa&s;&s;e to the King, which is but Fine by Sei&s;or.</P>
<P>1 <HI>H.</HI> 7. <HI>f.</HI> 5. If the Heire intrude upon the po&s;&s;e&s;&s;ion of the King, and levy a Fine; this is void by the Statute of <HI>Prerog. chap.</HI> 13. Which is where one intrudes, there ari&s;eth unto him no Free-hold, but if the Heire levy Fine with|out intru&s;ion that &s;hall binde him and his Heires.</P>
<P>Time of <HI>H.</HI> 8. <HI>Tit. alienation</HI> 22. Tenant of the King in cheife cannot alien for tearm of life without licen&s;e, for he alters the Free-hold.</P>
<P><HI>Magna charta, chap.</HI> 4. If a Guardian by the Kings Grant, makes de&s;truction or wa&s;te, he &s;hall loo&s;e his Guardian|&s;hip, <HI>&amp;c.</HI></P>
<P><HI>Magna charta, chap.</HI> 5. The Guardian &s;hall keep up the Hou&s;es, Parkes, Warrens, Stanks, Mills, <HI>&amp;c. We&s;t.</HI> 1. <HI>chap.</HI> 11.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where a Tenant lets for yeares and dies, the Lord by Knights Service in time pa&s;t might have outed a Farmor, du|ring the Nonage; but it is not &s;o at this day.</HEAD>
<P>IF the Tenant let for yeares and dies, his Heire within age, the Guardian &s;hall out the Farmor, yet he &s;hall have Covenant again&s;t the Heire at his full age, for this Tearm which the Guardian hath during his Nonage, 34 <HI>Ed.</HI> 1. <HI>Title</HI> 120</P>
<P>Guardian may out the Farmor, and yet at full age the Le&s;&s;ee &s;hall have his Tearm again, <HI>Britton fol.</HI> 163</P>
<P>It is held that a Guardian may out the Farmor for yeares,
<PB N="257" REF="131">but not the Farmor for life, 5 <HI>H.</HI> 7. <HI>f.</HI> 37. <HI>Fitzh. f.</HI> 142. <HI>C.</HI> the &s;ame, 33 <HI>H.</HI> 6. <HI>f.</HI> 47. the &s;ame, and 14 <HI>H.</HI> 7. <HI>fol.</HI> 24.</P>
<P>Guardian cannot out Tenant by <HI>Elegit,</HI> but he may out the Farmor, <HI>Statham,</HI> 1 <HI>Ed.</HI> 3. <HI>Tit.</HI> 13. 1 <HI>Ed.</HI> 3. <HI>fol.</HI> 103 by <HI>Sharde.</HI></P>
<P>A Guardian may out the Farmor, and &s;o may out him which hath execution by a Statute Merchant, inquire of Tenant by <HI>Elegit,</HI> 33 <HI>H.</HI> 6. <HI>fol.</HI> 47. and 36 <HI>Ed.</HI> 3. <HI>Tit.</HI> That Guardian may out Tenant by Statute Merchant.</P>
<P>Guardian in Knights Service cannot out the Termor, 36 <HI>H.</HI> 8 Lea&s;e 58. 35 <HI>H.</HI> 8. <HI>Tit.</HI> 85. the &s;ame.</P>
<P>It is granted by all the ju&s;tices, that the King &s;hall not out the Farmor of his Tenant, by rea&s;on that the heire of his Tenant is in ward, nor he which hath execution up|on the Statute, nor Rent charge granted by his Tenant, nor grant of next Advow&s;on, Time of, <HI>H.</HI> 8. <HI>Tit.</HI> Ward 44.</P>
<P>Now if the Tearm be not found in the Office for the King, yet the Farmor &s;hall injoy his Tearm, 2 <HI>Ed.</HI> 6. <HI>chap.</HI> 8.</P>
<P>Where there is Lord and Tenant, <NOTE PLACE="marg"><HI>Ra&s;tall, E&s;cheat,</HI> 15.</NOTE> and the Tenant grants a Rent charge and dies; his I&s;&s;ue within age, the Lord be|ing Guardian, &s;hall hold this Land charged, 3 <HI>Book of A&s;s.</HI> 1.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Sei&s;in.</HEAD>
<HEAD TYPE="sub">Sei&s;in of the Guardians ve&s;ts Free-hold in the Heire, and Chattell in the Guardian, and Sei&s;in of the Lord of parcell &s;ufficeth to have ward, but not to avow for all, and &s;ee what Sei&s;in is materiall.</HEAD>
<P>WHere by Office one is found in ward to the King, that &s;ettles the profits in the King, and the Free|hold in the Heire, 1 <HI>H.</HI> 7. <HI>fol.</HI> 6. and 42 <HI>Ed.</HI> 3. <HI>f.</HI> 4.</P>
<P>Sei&s;in of the Ward, is Sei&s;in of the Son within age; &s;o that if he dye without other Sei&s;in, the Daughter of the halfe blood &s;hall not have this Land, 8 Book of A&s;&s;i&s;es 6.</P>
<P>Po&s;&s;e&s;&s;ion of the Guardian is po&s;&s;e&s;&s;ion of the Heir, for if the Guardian be outed, the Heire &s;hall have A&s;&s;i&s;e with|out other Sei&s;in, 2 <HI>Ed.</HI> 4. <HI>f.</HI> 5.</P>
<P><PB N="258" REF="132">Though the Free-hold be in him which is in ward, yet if he (being in Ward) cut the Trees of his Land in Ward; the Lord may have tre&s;pa&s;&s;e again&s;t him, 5 <HI>H.</HI> 4. <HI>fol.</HI> 2.</P>
<P>If the Tenant holds by Homage, Fealty, and Rent, and the Lord hath been &s;ei&s;ed of the Rent, but not of the Ho|mage within memory; yet this &s;ufficeth to have the ward, 6 <HI>Ed.</HI> 6. <HI>Tit. Ward</HI> 122.</P>
<P>If the Tenant hold by Rent and Knights Service, and the Lord and his Ance&s;tors have been alwaies &s;ei&s;ed of the Rent, but not of the Homage, E&s;cuage, not of the ward, yet if the ward fall: The Lord &s;hall have the Ward of the Heire by Sei&s;in of the Rent, for the Seifin is not traver&s;|able, notwith&s;tanding, otherwi&s;e it &s;eems to make avowrie, 7 <HI>Ed.</HI> 6. <HI>tit.</HI> 69.</P>
<P>13 <HI>H.</HI> 4. Sei&s;in of Homage without E&s;cuage is &s;ufficient to have releife for avowrie.</P>
<P>22 <HI>Ed.</HI> 3. <HI>Tit.</HI> 90. <HI>Tenure B.</HI> By the Sei&s;in of E&s;cuage, the Lord may di&s;traine and make Avowrie for Homage.</P>
<P>27 H. 8. <HI>fol.</HI> 25. Avowrie for Fealty and Rent, and I&s;&s;ue upon the Tenure, Sei&s;in of the Rent is not good evidence, nor Sei&s;in of Suit of Court, for it is another thing that the Avowrie is made for.</P>
<P>44 <HI>Ed.</HI> 3. <HI>f.</HI> 11. Sei&s;in of Fealty is not iufficient Sei&s;in to have A&s;&s;i&s;e of Rent, but &s;ufficient Sei&s;in to make Avowrie for all, 45 <HI>Ed.</HI> 3. <HI>fol.</HI> 23. the &s;ame</P>
<P>Sei&s;in of E&s;cuage nor releife, &s;hall not be traver&s;ed, and for that where one avows for Homage, Fealty, Releife, and E&s;cuage, it is no Plea that he was not &s;ei&s;ed of E&s;cuage, nor of releife, for paradventure E&s;cuage is not a&s;&s;e&s;&s;ed by Parliament within memory, 13 <HI>H.</HI> 4. <HI>f.</HI> 6.</P>
<P>Where one holds by Fealty and Rent, If the Lord were &s;ei&s;ed of the Rent, it is &s;ufficient to avow for all, &s;ee 29 <HI>Ed.</HI> 3. <HI>fol.</HI> 31. and 27. <HI>H.</HI> 8. <HI>f.</HI> 24. But the I&s;&s;ue was upon the Tenure.</P>
<P>Where one holds by Fealty and Rent, Sei&s;in of Fealty is &s;ufficient to avow for all, 45 <HI>Ed.</HI> 3. <HI>f.</HI> 28. &amp; 44 <HI>Ed.</HI> 3. <HI>f.</HI> 10. See, 27 <HI>H.</HI> 8. <HI>f.</HI> 24.</P>
<P>Seifin of parcell of Rent is &s;ufficient to have A&s;&s;i&s;e of all, 8 <HI>Book of A&s;s.</HI> 4.</P>
<P>But if one hold by Fealty and Rent, Sei&s;in of Fealty is not &s;ufficient to have an A&s;&s;i&s;e of Rent, <HI>Nat. Bre. fol.</HI> 109.</P>
<P><PB N="259" REF="132">If one hold by Fealty, and Rent, Sei&s;in of Fealty is not &s;ufficient to have an A&s;&s;i&s;e of Rent, <HI>Abridg. Book of A&s;s. fol.</HI> 16.</P>
<P>Sei&s;in of Rent by the Predece&s;&s;or of a Par&s;on, <HI>&amp;c.</HI> Of a corporation, if it be gainfaid to the Succe&s;&s;or, it is &s;ufficient to have an A&s;&s;i&s;e of this Sei&s;in, <HI>Fitzh. fol.</HI> 179. <HI>C.F.</HI></P>
<P>Sei&s;in of Fealty is not &s;ufficient to have A&s;&s;i&s;e of Rent, 20 <HI>H.</HI> 3. <HI>Tit. Avowrie</HI> 433.</P>
<P>Where one holds by Fealty, and ten &s;hillings Sei&s;in of parcell of the Rent &s;ufficeth to have A&s;&s;i&s;e for all. Inquire time of <HI>Ed.</HI> 1. <HI>Tit. Avowrie</HI> 229.</P>
<P>One may avow for releif, without alleadging any Sei&s;in of it, 20 <HI>Ed.</HI> 3. <HI>Title.</HI></P>
<P>One may have E&s;cheat and Ward before that he be &s;ei|&s;ed of the Services, 11 <HI>H.</HI> 4. <HI>f.</HI> 16.</P>
<P>Where one avows for that, that the Plaintiff hath com|mon in his Land, and hath u&s;ed to pay to him ten &s;hil|lings, and hath u&s;ed to di&s;traine for that, it is not good without alleadging Sei&s;in of that Rent, 26 H. 8. <HI>fol.</HI> 6.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Homage and Fealty.</HEAD>
<HEAD TYPE="sub">And for that, that the third Article of the charge is to inqui|re of Services withdrawn, and for that, that &s;ome Te|nants make Homage and Fealty, and &s;ome Fealty only, you ought to &s;ee the form in Ma&s;ter <HI>Littleton, fol. 18. and 19.</HI> Of making of one and of another, and what &s;hall be one and what the other, and that none &s;hall make Homage nor take Homage, but &s;uch a one which hath an E&s;tate; in Fee &s;imple or in Fee taile, in his own right or in right of another, and if a Woman having Lands in Fee, or in taile; takes a Husband and have I&s;&s;ue. The Husband in the Life of his Wife &s;hall make Homage, but before I&s;&s;ue it &s;hall be made in both their names, and if the Wife dye the Husband &s;hall not make Homage.</HEAD>
<P>HOmage &s;hall not be made to Tenant in Dower, for it &s;hall be made to none, if he hath not Inheritance, 22 <HI>Ed.</HI> 3. <HI>f.</HI> 19.</P>
<P>7 <HI>H</HI> 4. <HI>fol.</HI> 21. He which holds by Knights Service &s;hall make Homage.</P>
<P><PB N="260" REF="133"><HI>Litt. fol.</HI> 22. He that holds by Socage may hold by Ho|mage, and &s;hall make Homage.</P>
<P>One cannot avow upon a Husband and a Wife, as of right of the Wife for Homage, unle&s;&s;e that the Husband hath I&s;&s;ue by the Wife, but if he avow upon them, it need not be alleadged, but it &s;hall be intended that they have I&s;|&s;ue, &s;ee 44 <HI>Ed.</HI> 3. <HI>fol.</HI> 41. and 43 <HI>Ed.</HI> 3. <HI>fol.</HI> 13.</P>
<P>Corporation cannot make Homage, for corporation can|not appeare but by Attorney, 33 <HI>H.</HI> 8. <HI>Title Fealty</HI> 15.</P>
<P>Bi&s;hop or Abbot may take Homage, contrary of Par&s;on of a Church, Time of <HI>Ed.</HI> 1. <HI>Tit. Fealty</HI> 12.</P>
<P>In a <HI>(Perque &s;ervitia)</HI> an Infant was con&s;trained to at|torn, and to make Fealty, notwith&s;tanding his nonage, 20 <HI>Ed</HI> 3. <HI>Tit.</HI> 19.</P>
<P>Tenant for yeares &s;hall make Fealty to his Le&s;&s;or, <HI>Lit. fol.</HI> 29. <HI>D.</HI> 9 <HI>H.</HI> 6. <HI>fol.</HI> 43. and 5 <HI>H.</HI> 7. <HI>fol.</HI> 11. accordingly, where a Rent is re&s;erved.</P>
<P>By all the Ju&s;tices, that Tenant for yeares &s;hall not make Fealty, for it is (as I beleeve) to be intended not to the Lord, but to the Le&s;&s;or, 10 <HI>H.</HI> 6. <HI>f.</HI> 13.</P>
<P>It &s;eems that a Le&s;&s;or may avow upon a Le&s;&s;ee for years as within his Fee, by the Mannor, and for that &s;hall make Fealty to his Le&s;&s;or, and may avow for that, 40. <HI>Ed.</HI> 3. <HI>fol.</HI> 34.</P>
<P>If Rent of a Le&s;&s;ee for yeares be behinde, the Le&s;&s;or can|not avow upon the Termor, as of Tenant upon the Land, but upon the matter, 47 <HI>Ed.</HI> 3. <HI>fol.</HI> the la&s;t.</P>
<P>24 <HI>H.</HI> 8. <HI>Tit. Fealty</HI> 8. In the Exchequer held, that if Lands di&s;cends to me which is held of <HI>J.S.</HI> by Homage, and I make to him Homage, and after other Land di&s;cends to me by another Ance&s;tor held of <HI>J.S.</HI> al&s;o by Homage I &s;hall make Fealty, but not Homage again, for I am become his man before, the &s;ame Law is, if both the Tenements are held of the King by Homage, he &s;hall not have two Homa|ges but one Homage only, <HI>Lit. f.</HI> 29</P>
<P>Tenant at will by the common Law &s;hall not make Fe|alty to the Le&s;&s;or, but Tenant by copy at will according to the cu&s;tome of the Mannor &s;hall make Fealty to his Lord, <HI>Lit.</HI> in the end of the fir&s;t book and <HI>f.</HI> 29. and 10 H. 6. <HI>f.</HI> 13. accordingly.</P>
<P>If there be Lord and Tenant and the Tenant holds
<PB N="261" REF="133">three Acres of the Lord by Fealty and Rent, and aliens all the three Acres, the Lord is not held to change his Avowrie without notice, and to avow upon the Feoffee, for Fealty and Rent: But if he will he may; the &s;ame Law, if he alien but one Acre, not that the Statute of <HI>We&s;tmin&s;ter</HI> the third is, that he &s;hall hold for that parti|cular, yet this is upon notice, 8 <HI>Ed.</HI> 4. <HI>fol.</HI> 12. and 47. <HI>Ed.</HI> 3. <HI>fol.</HI> 4.</P>
<P>If the Tenant make a Feoffment, and there is no notice made to the Lord; and the Tenant dies, the Lord may di&s;traine the I&s;&s;ue, for Fealty and Rent, and avow upon him, for it &s;ufficeth that he dies Tenant, though he doth not dye &s;ei&s;ed of the Land, 44 <HI>Ed.</HI> 3. <HI>fol.</HI> 13.</P>
<P>If the Tenant be di&s;&s;ei&s;ed and the Di&s;&s;ei&s;or dyeth &s;ei&s;ed, the Lord there cannot di&s;traine the Tenant for Fealty, but the I&s;&s;ue of the Di&s;&s;ei&s;ee, 32 H. 6. <HI>fol.</HI> 31. and 34 <HI>H.</HI> 6. <HI>fol.</HI> 51.</P>
<P>If the Tenant hold by Fealty and Rent, if the Tenant make a Feoffment in Fee, the Lord may di&s;traine the Bea&s;ts of the Feoffee for Fealty and Rent: And make a|vowrie upon the Feoffor till notice be given, and after notice given he &s;hall avow upon the Feoffee, if he tender the arrearages, otherwi&s;e not, for by the Feoffment and no|tice he &s;hall not loo&s;e the arrearages, but may di&s;train as above, and avow upon the Feoffor for the arrearages. But I intend if the Lord accept Fealty of the Feoffee he hath lo&s;t the arrearages, 47 <HI>Ed.</HI> 3. <HI>f.</HI> 4.</P>
<P>Note that by the Statute of, 21. H. 8. <HI>chap.</HI> 9. One may avow the taking in the Land if he will, as within his Fee and Lord&s;hip, as in Lands held of him; without avowing or ju&s;tiffing of any per&s;on certaine.</P>
<P>Where one in ward of the King holds of a common per|&s;on al&s;o by Homage or Fealty, the Lord cannot di&s;traine for Homage, or Fealty; during the time that it is in the Kings hand, and yet the Signiorie is not &s;u&s;pended but only from di&s;tre&s;&s;e, &s;o that after he may di&s;traine, 13 <HI>H.</HI> 7. <HI>fol.</HI> 16.</P>
<P>If Tenant in taile which holds by Fealty makes a feoff|ment, yet the Donor cannot avow upon the Feoffee for Fealty, but if one recover again&s;t a Tenant in taile, the Donor ought to avow upon him, which recovers for the Fealty, and if there be Lord and Tenant, and the Tenant
<PB N="262" REF="134">were di&s;&s;ei&s;ed, and the Lord accepts the Rent of the di&s;&s;ei|&s;or, yet that &s;hall be but as a Bailiff to the Di&s;&s;ei&s;ee, and ought to avow upon the Di&s;&s;ei&s;. otherwi&s;e I &s;uppo&s;e of Fe|alty, 41 <HI>Ed.</HI> 3. <HI>f.</HI> 26.</P>
<P>If there be Lord and Tenant by Homage and Fealty, and the Tenant be di&s;&s;ei&s;ed, and the Lord accept Homage of the Di&s;&s;ei&s;or, he cannot avow for Homage upon the Di&s;&s;ei&s;ee, <HI>Fitzh.</HI> 142. <HI>E.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Hariot.</HEAD>
<DIV3 TYPE="section">
<HEAD>For that, that diver&s;e Lords of Mannors have Hariots, and the&s;e are to be inquired for the Lord in Court-Baron, in the &s;econd Article of Charge. It is to be noted that there are two manner of Hariots, that is to &s;ay, Hariot cu&s;tome, and Hariot &s;ervice, and for that Hariot cu&s;tome is properly as it &s;eems, after the death of the Tenant for life and for yeares, and of every E&s;tate, and al&s;o is upon altenation.</HEAD>
<P>IT is properly Hariot cu&s;tome after the death of the Te|nant for life, 8 <HI>H.</HI> 7. <HI>fol.</HI> 11.</P>
<P>To have a Hariot after the Death of every Tenant, that is to &s;ay, for life and for yeares, is a Hariot cu&s;tome, 21 <HI>H.</HI> 7. <HI>f.</HI> 16. &amp; <HI>f.</HI> 13. the &s;ame.</P>
<P>To have a Hariot after the death of the Tenant for life is Hariot cu&s;tome, for Hariot &s;ervice is after the death of the Tenant in Fee, 21 <HI>H.</HI> 7. <HI>Tit.</HI> 5. <HI>Br.</HI></P>
<P>Cu&s;tome that every Tenant of every E&s;tate ought to pay Hariot after his death, is Hariot cu&s;tome, 14 <HI>H.</HI> 4. <HI>f.</HI> 5.</P>
<P>Where the Lord is to have Hariot upon every &s;urrender, or upon every alienation, is Hariot cu&s;tome, 3 <HI>H.</HI> 6. <HI>Tit.</HI> 8. <HI>b.</HI></P>
<P>Note that a Hariot cu&s;tome may be due after death or alienation, as the cu&s;tome will &s;erve.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>It &s;eems Hariot &s;ervice is properly after the Death of Tenant in fee upon di&s;cent, and not upon every E&s;tate, as before is &s;aid.</HEAD>
<P>HAriot &s;ervice is by rea&s;on of the Tenure, 8 <HI>H.</HI> 7. <HI>fol.</HI> 20.</P>
<P>Hariot &s;ervice is by the Tenure and if the Tenant a|lien
<PB N="263" REF="134">the Land without notice, yet the Lord may di&s;traine upon the Land for the Hariot, for it is by rea&s;on of the Te|nure, and the Land is charged, 8 <HI>H.</HI> 7. <HI>f.</HI> 10. <HI>B.</HI> 6. that is by pre&s;cription.</P>
<P>Hariot &s;ervice is after the death of the Tenant in fee, and not of every E&s;tate, 21 <HI>H.</HI> 7. <HI>f.</HI> 13. <HI>B.</HI> 5.</P>
<P>You &s;hall &s;ee more for payment of Hariot &s;ervice, title di&s;cent before, and title releife after.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where a Ha<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">iot is certaine, the Lord may &s;ei&s;e that as Hariot cu&s;tome, and note that for Hariot &s;ervice, he may di&s;train, it &s;eems where it is certaine to have the be&s;t Bea&s;t, that he may &s;ei&s;e.</HEAD>
<P>THE Lord may &s;ei&s;e as well for Hariot &s;ervice, where he is to have the be&s;t Bea&s;t, as for Hariot cu&s;tome.</P>
<P>But it is &s;aid in another place, that for Hariot cu&s;tome he &s;hall alwaies &s;ei&s;e, and not di&s;traine, for the property is in the Lord forthwith, 38 <HI>Ed.</HI> 3. <HI>fol.</HI> 7. <HI>Br:</HI> 2.</P>
<P>For Hariot cu&s;tome the Lord may &s;ei&s;e, and if it be con|veyed away he &s;hall have a <HI>(Detinue)</HI> and for Hariot &s;er|vice, if it be conveyed away he may di&s;traine, time of, <HI>H.</HI> 8. <HI>Br.</HI> 6. Doctor and Student <HI>f.</HI> 65.</P>
<P>The Lord hath property in Hariot cu&s;tome, and may &s;ei&s;e that; and for Hariot &s;ervice he may di&s;train and not &s;ei&s;e, 8 <HI>H.</HI> 7. <HI>f.</HI> 10. <HI>Br.</HI> 7.</P>
<P>He cannot pre&s;cribe to di&s;traine for Hariot cu&s;tome, though that it be conveyed away, for that, that he may have a, <HI>Detinue,</HI> for the Law adjudges po&s;&s;e&s;&s;ion in him, 13 <HI>Ed.</HI> 3. <HI>Br:</HI> 9.</P>
<P>It is adjudged that the Lord may &s;ei&s;e Hariot &s;ervice as well as Hariot cu&s;tome, See <HI>Plowdens Commentaries, fol.</HI> 96. between <HI>Woodland</HI> and others, and 16 <HI>H.</HI> 7. <HI>f.</HI> 5.</P>
<P>It &s;eems where the Lord pre&s;cribes to have the be&s;t, he may &s;ei&s;e for that, that it is certaine, 6 <HI>Ed.</HI> 3. <HI>Tit.</HI> but in|quire.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Who &s;hall pay Hariot, and who not, and when it &s;hall be paid, and what remedy upon putting it away.</HEAD>
<P>IS&s;ue in avowry, if he die his Tenant, for the Lord &s;hall have Hariot, though that the Tenant do not dye &s;ci&s;ed,
<PB N="264" REF="135">for it is &s;ufficient if he dyed his Tenant, though that he did not dye &s;ei&s;ed, 44 <HI>Ed.</HI> 3. <HI>fol.</HI> 13. <HI>Br:</HI> 1. and 7 <HI>H.</HI> 4. <HI>fol.</HI> 17.</P>
<P>The Husband and Wife, and their Son purcha&s;e lands joyntly hariotable, and the Husband dies, the Lord &s;hall not have a Hariot till after the death of the la&s;t of them, 24 <HI>Ed.</HI> 3. <HI>fol.</HI> 50. <HI>Br.</HI> 4. and <HI>Fitzh.</HI> 3. 25 <HI>Ed.</HI> 3.7. and 19. <HI>R.</HI> 2. <HI>tit. Hariot</HI> 5.</P>
<P>Where a man dies &s;ei&s;ed of two Hou&s;es hariotable, the Tenant &s;hall pay two Hariots, and note there the pre|&s;cription that a Par&s;on &s;hall have the be&s;t Mortuary, and the Lord the &s;econd be&s;t, and if the Lord &s;hall have the &s;econd be&s;t, was the I&s;&s;ue taken, 7 H. 6. <HI>fol.</HI> 26. <HI>Br.</HI> 3.</P>
<P>Bea&s;ts which are remaining within the Fee of the Lord, if they be removed out of the Lord&s;hip, the Lord may take them for Hariot, where he is to have Hariot after the death of every Tenant, 27 <HI>Book of A&s;s.</HI> 24.</P>
<P>If my Tenant which holds of me by a Hariot, aliens parcell of his land to another, every one of them &s;hall pay Hariot, for that, that it is intire, 34 <HI>Ed.</HI> 3. <HI>Fitzh.</HI> 3.</P>
<P>After the death of a Prior, Hariot &s;hall not be paid, for that he hath no property in the Bea&s;ts, 32 <HI>Ed.</HI> 2. <HI>Fitzh.</HI> 7.</P>
<P>If a Husband, Wife, and their Son, are &s;ei&s;ed for their lives, the remainder to their &s;aid Son in taile, after the death of the Husband the Lord &s;hall not have a Hariot, for he was not &s;ole &s;ei&s;ed, 24 <HI>Ed.</HI> 3. <HI>Tit.</HI> 3.19 <HI>R.</HI> 2. <HI>Tit.</HI> 5. The &s;ame: for it is &s;aid there, that if one do not dye &s;ole Te|nant, there &s;hall be no hariot paid, <HI>Recordare longum,</HI> If the Lord purcha&s;e the Tenancy held by hariot &s;ervice, then the hariot is extinct, by the unity of po&s;&s;e&s;&s;ion, for that, that it is &s;ervice annexed to the Land, but I intend that it is o|therwi&s;e of hariot cu&s;tome, where the Lord grants over the land, 14 H. 4. <HI>f.</HI> 8. and 8 <HI>H.</HI> 7.11.</P>
<P>Note that hariot is due immediately after the death of the Tenant.</P>
<P>Tre&s;pa&s;&s;e, the Defendant as Lord may ju&s;tifie taking of hariot within his Fee, or if the taking were out, it is good, and the conveying it out is to no purpo&s;e, but that the Lord may &s;ei&s;e hariot out of his Lord&s;hip, for it is not in ca&s;e of the Statute, where the Lord di&s;traines within his fee for his &s;ervices, 19 <HI>R.</HI> 2. <HI>Fitzh.</HI> 5.</P>
<P>The Lord may &s;ei&s;e Hariot (which is the be&s;t Bea&s;t that
<PB N="265" REF="135">his Tenant hath, which held of him by hariot) though they be in &s;ome place out of his Mannor, for that, that it is certaine, 6 <HI>Ed.</HI> 3. <HI>Fitzh.</HI> 4.</P>
<P>If one which holds by hariot &s;ervice, to pay the be&s;t Bea&s;t dies, and hath a Cow at the time of his death which is the be&s;t; though that the Executors &s;ell that, the Lord may &s;ei&s;e that in the hands of him to whom &s;hee is &s;old, if the Sale be not in an open Market, and not there, if without fraud, 16 <HI>Ed.</HI> 3. <HI>Fitzh.</HI> 2.</P>
<P>By the cu&s;tome of &s;ome Mannor, and of mo&s;t Mannors; the Lord &s;hall have only one hariot, upon the dying &s;ei&s;ed of his copy-holder, and di&s;cent, and not upon every &s;ur|render.</P>
<P>But by the cu&s;tome of &s;ome Mannor, hariot is due upon every &s;urrender for life in taile, or in Fee, as well as upon di&s;cent and that in nature of a hariot cu&s;tome at the Com|mon Law, and by the cu&s;tome of divers Mannors, the Lord hath no hariot of &s;ome of his Tenants within the Mannor and of &s;ome he hath.</P>
<P>The Lord may &s;ei&s;e for hariot cu&s;tome, the hariot, and is to &s;ei&s;e that of the Goods of the dead, and for hariot &s;er|vice to di&s;traine upon the land.</P>
<P>If a Copy-holder of Inheritance of lands hariotable, ly|ing in extreamity, upon his bed, &s;urrender into the hands of two Tenants to the u&s;e of his elde&s;t Son in Fee, and dies before that &s;urrender be pre&s;ented in the Court, the Lord &s;hall have hariot, but if this &s;urrender had been pre|&s;ented in Court, and the elde&s;t Son had been a<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">ted accordingly, and after the Father had dyed, there the Lord &s;hall have no hariot unle&s;&s;e it be hariot cu&s;tome due to him onely by cu&s;tome, upon every alteration, and ex|change of Tenant for life and in Fee.</P>
<P>The &s;ame Law is, if the Father copy-holder of Land hariotable, &s;urrencer in the Lords Court to the u&s;e of him|&s;elf for life, of the Son of his Daughter for life, and after to the u&s;e of the Son of his Daughter, and to the Heires of the Son, and they are admitted accordingly, and after the Father dies, the Lord &s;hal not have hariot unle&s;&s;e it be hariot by cu&s;tome, due upon every E&s;tate for life, in tail and fee, upon every &s;urrender which is due by the cu&s;tome, but in this ca&s;e if the hariot were due by the death of his Tenants and di&s;cends to the heire only, then the Lord &s;hall not have the hariot.</P>
<P><PB N="266" REF="136">If the Father being a Copy-holder of Inheritance, or by the cu&s;tome, the Lord is to have Hariot upon every di&s;cent only, and he lying in extreames, &s;urrenders into the hands of the Steward, to the u&s;e of his elde&s;t Son and his heirs and dies, and after that &s;urrender is pre&s;ented in Court, and he is admitted accordingly, it &s;eems that the Lord there &s;hall have a hariot.</P>
<P>But if the Father being Copy-holder of Inheritance, or by, the cu&s;tome (the Lord having Hariot upon every di|&s;cent only) &s;urrender in full Court to the u&s;e of his elde&s;t Son and his heirs, and the elde&s;t Son is admitted accor|dingly, and after the Father dies there the Lord &s;hall have no Hariot.</P>
<P>So it &s;eems, if in this ca&s;e the Father &s;urrender to the u&s;e of him&s;elfe for life, the remainder to the u&s;e of his el|de&s;t Son and his heires, and they both are admitted accor|dingly, and after the Father dies, there the Lord &s;hall not have hariot.</P>
<P>34 <HI>Ed.</HI> 3. <HI>Statham,</HI> If my Tenant which holds of me by a hariot, alien parcell of that land to another, every of them is charged to me of a hariot, for that it is intire, and though the Tenant purcha&s;e the land again, yet if I be &s;ei|&s;ed of a hariot by another man, I &s;hall have of him for e|very portion a hariot, and that by the opinion of <HI>Wilby</HI> and <HI>Sharde</HI></P>
<P>4 <HI>Ed.</HI> 3. <HI>Statham Tit.</HI> Avowrie, one avowes for hariot, Plaintiff demands Judgement, for that he doth not al|lead <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ei&s;in of the hariot, and it &s;eemes of hariot cu|&s;tome he need not to alleadge Sei&s;in, but otherwi&s;e it is of hariot &s;ervice.</P>
<P>6 <HI>Ed.</HI> 3. <HI>Statham Tit. avowrie,</HI> if one avow for hariot cu|&s;tome, he &s;hall recite the cu&s;tome in his Avowrie.</P>
<P>24 <HI>Ed.</HI> 3. <HI>Statham Tit. avowrie,</HI> if one avow for hariot, and &s;aith, that he and his Ance&s;tors have been &s;ei&s;ed, time out of minde, yet he ought to alleadge a &s;peciall Sei&s;in in him, or in one of his Ance&s;tors, and to &s;ay by who&s;e hand, <HI>&amp;c.</HI></P>
<P>38 <HI>Ed.</HI> 3. <HI>Tit.</HI> 2. <HI>Br.</HI> It &s;eems where the Tenant holds by hariot &s;ervice, that is, if he be to have the be&s;t Bea&s;t, the Lord may &s;ei&s;e as well as for hariot cu&s;tome, for that it is certaine, and for hariot cu&s;tome he &s;hall alwaies &s;ei&s;e and not di&s;train, for that that the property is in the Lord, 27 <HI>Book of A&s;s.</HI> 24. 8 <HI>H.</HI> 7. <HI>f.</HI> 10.</P>
<P><PB N="267" REF="136">13 <HI>Ed.</HI> 3. <HI>Tit.</HI> 9. <HI>Brook</HI> For hariot cu&s;tome he may have an action again&s;t who&s;oever conveyes it away, and a <HI>Deti|nue</HI> again&s;t him which denies it, for he hath property in the thing, and the Law adjudgeth po&s;&s;e&s;&s;ion in him with|out &s;ei&s;ure, as of the Body of a ward which is tran&s;i|tory.</P>
<P>Time of <HI>H.</HI> 8. for hariot cu&s;tome, a man alwaies &s;hall &s;ei&s;e, and if it be conveyed away, he may have a <HI>Detinue,</HI> and for hariot &s;ervice as here conveyed away, he may di|&s;traine, but not for hariot cu&s;tome.</P>
<P>3 <HI>H.</HI> 6. <HI>f.</HI> 45. Tre&s;pa&s;&s;e, the Defendant pre&s;cribes in him and his Ance&s;tors, Tenants of the Mannor of <HI>D.</HI> to have the be&s;t Bea&s;t for hariot upon every &s;urrender, and the Hor&s;e taken was the be&s;t, the Plaintiff &s;aith, that the property of the Hor&s;e was not in the Tenant, time of the &s;urrender, and a good Plea.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Livery of Sei&s;in.</HEAD>
<DIV3 TYPE="section">
<HEAD>For that, that you give in the &s;econd Article of Charge, to know what E&s;tates your Tenants have, for that &s;omething &s;hall be &s;aid afterwards, which is an E&s;tate in Fee, and which in taile, and al&s;o of other E&s;tates, and fir&s;t for that to Feaffments, Gifts, and E&s;tates, made in taile, and for life, by you to others, there ought to be Livery of Sei&s;in, let us &s;ee what is good Livery upon the Land, and what within the view of the Land, and what not.</HEAD>
<P>IF Liver <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> made and the Termor for years be not ou|ted, this is not good, 21 <HI>H.</HI> 7. <HI>fol.</HI> 7.19 <HI>H.</HI> 6.56.2. <HI>A&s;s.</HI> 1.5 <HI>A&s;s. the la&s;t, and</HI> 7. <HI>A&s;s.</HI> 3. And he to whom the Livery is made, &s;tay a night with the Termor, and not out the Ter|mor, yet this is not good, <HI>Britton fol.</HI> 102. and 29 <HI>A&s;s.</HI> 60.</P>
<P>If Livery be made, and the Termor be not put out up|on the Livery, or that he attorn, it is not good, 5 <HI>Book of A&s;&s;.</HI> 8.</P>
<P>If a Feoffment be of two Mannors, whereof one is in Lea&s;e for yeares, and the Livery is made in the other which is not in Lea&s;e, this in Lea&s;e doth not pa&s;&s;e, for there &s;hall be Livery made in that al&s;o, or otherwi&s;e the Termor ought to attorn, 11 <HI>H.</HI> 4. <HI>fol.</HI> 71.</P>
<P><PB N="268" REF="137">To deliver a peice of Earth of the land, to him which takes the Sei&s;in is a good Livery, 2 <HI>Book of A&s;&s;i&s;es</HI> 1.</P>
<P>The Sheriffe may deliver Sei&s;in of Rent recovered, by Bea&s;ts, Gra&s;&s;e, or Clod, and it is good, 40 <HI>Ed.</HI> 3. <HI>fol.</HI> 22. <HI>Per|kins.</HI> 42.</P>
<P>Office is granted in Forre&s;t, to which land is belong|ing, and Sei&s;in is delivered by a Horn and an Axe, and is good, 1 <HI>H.</HI> 7 <HI>f.</HI> 17. the old print.</P>
<P>A man makes a Feoffment to a Woman, and when he comes to the Church doore to be married, he delivers to her the Deed, and there &s;hews to her the land and is a good Livery, 39 <HI>Ed.</HI> 3. <HI>fol.</HI> 11 and 38. <HI>A&s;&s;.</HI> 22.</P>
<P>Where one is &s;ick in his Hou&s;e, and delivers the Deed of Feoffment in name of Sei&s;in it is good, <HI>Perk. fol.</HI> 48</P>
<P>A Deed by (I have given and granted) or I have (gi|ven) only, &s;ufficeth to a Di&s;&s;ei&s;or, if he deliver to him the Deed without other Livery, for it is a confirmation, <HI>Little|ton</HI> 121.</P>
<P>One lying &s;ick in his Hou&s;e, makes a Charter of that, and &s;aith, take and keep according to the Charter, and he takes Sei&s;in, and the Feoffor be not out, and yet good, &s;o it is in the &s;ame ca&s;e if he &s;ay take Sei&s;in, and command all the Servants to attend on him, 27 <HI>Book of A&s;&s;.</HI> 61. <HI>Perkins f.</HI> 43.44. <HI>&amp;</HI> 43 <HI>A&s;&s;.</HI> 20.</P>
<P>There may be Livery within the view, as I deliver to the Feoffee a Deed of feoffment, and I &s;ay that I will that you &s;hall enter into the &s;ame lands, and have them according to the Deed, it is good if you enter, <HI>Perk. fol.</HI> 43. and 18 <HI>H.</HI> 6. <HI>f.</HI> 16.</P>
<P>The Father infeoffs his younge&s;t Son of a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Hou&s;e, and the younge&s;t Son come into the Church of the &s;ame town where the Hou&s;e is, and &s;aith in the pre&s;ence of the Pa|ri&s;hioners, Father &s;o frankly as you have given to me the Hou&s;e, I give that to you, and the Father goes to the hou&s;e and enters and dies &s;ei&s;ed, and is good; and the elde&s;t Son &s;hall have that and not the younge&s;t, 39 <HI>A&s;&s;.</HI> 12. <HI>Per kins f.</HI> 44. the &s;ame, and 42 <HI>Ed.</HI> 3. <HI>Feoffment</HI> 54.</P>
<P>Note that it is notorious, and this the rea&s;on.</P>
<P>The Father makes a Feoffment and a Letter of Attorney to <HI>L.</HI> to make Livery, and before the Deed delivered, com|mands <HI>L.</HI> to make Livery upon condition, and he makes that upon condition, it is good, 28 <HI>Book of A&s;&s;.</HI> 439.</P>
<P><PB N="269" REF="137">A man makes a Feoffment by Deed &s;imply, but he deli|vers Sei&s;in upon condition, the Feo&s;tee takes it conditio|nally, and not by the Deed, 8 H. 5. <HI>fol.</HI> 8.18 <HI>Ed.</HI> 3. <HI>fol.</HI> 19. and 18 <HI>Ed.</HI> 4. <HI>f.</HI> 12. <HI>Littleton fol.</HI> 83.</P>
<P>The Father for advancing his younge&s;t Son, makes to him a Charter, and a Letter of Attorney, when he was of &s;ound memory, and after by &s;ickne&s;&s;e cometh mad, &s;o that he was dumb at the time of the &s;ei&s;in delivered, but by all &s;ignes agreed, and this is a good livery, 25 <HI>Book of A&s;&s;i&s;es</HI> 4.</P>
<P>If a Lea&s;e be made for life by Deed, and the Le&s;&s;or &s;aith, Go you and enter, but no livery is made, though that he enter, yet by <HI>Newton,</HI> hee hath but an E&s;tate at will, and no Freehold, 18 <HI>H.</HI> 6. <HI>fol.</HI> 16.</P>
<P>When one makes a Feoffment, and delivers the Deed to the Feoffee, and &s;aid, God give you joy, this is a good livery, 41 <HI>Ed.</HI> 3. <HI>fol.</HI> 17. <HI>Abridg. A&s;s. fol.</HI> 94. and 41 <HI>A&s;s.</HI> 10. but it &s;eems it was within the view.</P>
<P>Feoffment is good of Lands by Deed, and delivering the Deed within the view of the Land, &s;o that the Feaffee enters accordingly; but if the Feoffor dye before the Fe|offee enter, then the Land di&s;cends, and the Feoffment &s;hall take no effect: Time <HI>H.</HI> 8. <HI>B. Feoffments</HI> 70.</P>
<P>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. <HI>Brook, Feoff|ments,</HI> 74.</P>
<P>Note by the&s;e is to be gathered, that where the Feoffor delivers the Deed, within &s;ight of the Land to the Feoffee, and he enter, this is a good livery and &s;ei&s;in, but if hee doe not deliver the Deed within the view, nor u&s;e words within the view, which may countervaile livery, I &s;uppo&s;e free-hold doth not pa&s;&s;e.</P>
<P>If a Lea&s;e be made for life by Deed, and I deliver it out of the view, and no livery of &s;ei&s;in, that he is but Te|nant at will, by <HI>Newton,</HI> as it is &s;ayd before, 18 H. 6. <HI>fol.</HI> 16.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Note, where a Deed &s;hall enure as a confirmation, without Livery of Sei&s;in, and where not.</HEAD>
<P>A Lea&s;e for yeares is made, and after the Le&s;&s;or makes a Deed by (I have given, granted, and confirmed)
<PB N="270" REF="138">to the Le&s;&s;ee, to him and his heires, and deliver to him this Deed, this is good without livery, 22 <HI>Ed.</HI> 4. <HI>fol.</HI> 37. and 19 H. 6. <HI>fol.</HI> 44. the &s;ame.</P>
<P>If I let to one for yeares, and after make to him a Deed by (I have given and granted) to have the Land for life, or to him and to his heires, and deliver to him the Deed, he hath an E&s;tate according to the Deed without livery and &s;ei&s;in; the &s;ame Law where a Di&s;&s;ei&s;ee makes a Deed by (I have given) to the Di&s;&s;ei&s;or, and delivers to him the Deed as before is &s;ayd, <HI>Lit. fol.</HI> 121.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Feoffment to diver&s;e, and livery to one, where both take, and where not; and where one makes a Letter of Attor|ney by words, is not good.</HEAD>
<P>A Man makes a Feoffment by Deed to twenty, and de|livers the Deed and Sei&s;in to one, in the name of all, this is good to them all, but if he enfeoffe twenty with|out Deed, and Delivers &s;ei&s;in to one in name of all, this is good to him onely: Time of H. 8. <HI>Br: Feoffment</HI> 72.15 <HI>Ed.</HI> 4. <HI>fol.</HI> 18. and 10 E. 4. <HI>fol.</HI> 1. by <HI>Choke.</HI></P>
<P>Tenant enfeoffs the Lord and another, and makes live|ry to the other, nothing ve&s;ts in the Lord, without his a|greement, 10 E. 4. <HI>fol.</HI> 12.6 E. 4. <HI>fol.</HI> 4.</P>
<P>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 &s;hall be to both of them, 7 H. 7. <HI>fol.</HI> 9. by <HI>Hu&s;&s;ey.</HI></P>
<P>Attorney by word cannot make livery, 19 <HI>H.</HI> 8. <HI>fol.</HI> 9. by <HI>Shelley</HI> and <HI>Englefeild.</HI></P>
<P>A man enfeoffe foure by Deed, and one makes letter of Attorney to <HI>J. S.</HI> to take &s;eifin for him and the re&s;t, and he takes &s;ei&s;in accordingly, the re&s;idue take nothing by the &s;ei&s;in, 17 H. 8. <HI>Br: Feoff.</HI> 67.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Mortdance&s;ter.</HEAD>
<DIV3 TYPE="section">
<HEAD>Many times Mortdance&s;ter is brought of Copy-hold Land, and for that &s;ome thing &s;hall be &s;aid of Mortdance&s;ter; and it &s;eemes if the Tenant traver&s;e one point of the writ, the re&s;idue &s;hall not be inquired: Contrary is by <HI>9 Ed. 3. fol. 30. Fitzh. Mortdance&s;ter 13.</HI></HEAD>
<P><PB N="271" REF="138">IF one takes I&s;&s;ue upon one point, and found again&s;t him, the re&s;idue &s;hall be held confe&s;&s;ed, 27 H. 8. <HI>fol.</HI> 12. and 39 <HI>A&s;s.</HI> 13. But <HI>Abridgement of A&s;&s;i&s;e fol.</HI> 120. If the Te|nant plead in Barr which is found again&s;t him, the A&s;&s;i&s;e ought not to inquire of the points at large.</P>
<P><HI>Mortdance&s;ter,</HI> If the Tenant traver&s;e one of the points of the Writ, as to &s;ay, that he is not next heire, and is found for the Plaintiffe, there he &s;hall not inquire of other points, for when one point is traver&s;ed, all others are in manner acknowledged, otherwi&s;e it is where he acknow|ledgeth no point, as pleading that the Plaintiffe is a Ba|&s;tard, there they ought to inquire of the re&s;idue of the points, <HI>Statham,</HI> 35 E. 3.</P>
<P>If the Tenant traver&s;e one of the points of the Writ, the remainder &s;hall be held not gain&s;ayd by <HI>Sharde,</HI> 14 E. 3. <HI>tit. Fitzh.</HI> 8.33 E. 3. <HI>Fitzh.</HI> 34. accordingly.</P>
<P><HI>Abridgement of A&s;&s;i&s;e, fol.</HI> 118. The points of the Writ are three, that is, Fir&s;t, if the Ance&s;tor of the Demandant was &s;ei&s;ed in his Deme&s;ne, as of fee, the day that he dyed. Secondly, If he dyed &s;ei&s;ed within fifty yeares la&s;t pa&s;t. Thirdly, If the Demandant be next heire.</P>
<P>The Tenant &s;aith, that the Ance&s;tor of the Plaintiffe did not dye &s;ei&s;ed in fee, and the A&s;&s;i&s;e charged upon all the points, 9 <HI>Ed.</HI> 3. <HI>tit.</HI> 13. and 9 <HI>Book of A&s;&s;i&s;es</HI> 14. ac|cording, <HI>B.</HI> 21.</P>
<P>If the Tenant plead in Barr, without that, that the Father of the Demandant dyed &s;ei&s;ed; if that be found again&s;t him, the points of the Writ &s;hall not be inquired, but if he plead to the Writ, it is otherwi&s;e, 27 <HI>H.</HI> 8. <HI>fol.</HI> 12. by <HI>Fitzherbart.</HI></P>
<P>Where the Tenant traver&s;eth one of the points of the Writ, and the A&s;&s;i&s;e is awarded, and found for the Plain|tiffe, he &s;hall not inquire of the other points, but &s;hall be taken confe&s;&s;ed, <HI>Abridgement Book of A&s;s. fol.</HI> 118.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>If the Tenant pleads Feoffment or Surrender, he ought to traver&s;e the dying &s;ei&s;ed.</HEAD>
<P>IF the Tenant pleads matter in Deed, as Feoffment of the &s;ame Ance&s;tor, they ought to traver&s;e the dying &s;ei&s;ed, but if hee plead recovery, this is a Barr, unle&s;&s;e
<PB N="272" REF="139">the Tenant convey title afterwards, 6 <HI>Ed.</HI> 4. <HI>fol.</HI> 11. <HI>Mort|dance&s;ter, Natura brevium,</HI> 119.</P>
<P>By <HI>Thorpe,</HI> Feoffment of the &s;ame Ance&s;tor is no Plea in Barr, but to the A&s;&s;i&s;e, for the Action is taken of dying &s;ei&s;ed after, that is to &s;ay, The day that he dyed, or not, 34 <HI>Book of A&s;&s;i&s;es</HI> 20.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where there &s;hall be a re-&s;ummons, and where the A&s;&s;i&s;e &s;hall be awarded upon default, and the points &s;hall be inquired.</HEAD>
<P>THe Tenant was E&s;&s;oyned, and at the day made de|fault, and re-&s;ummons was awarded, and &s;ayd, that it ought, 8 <HI>Book of A&s;&s;i&s;es</HI> 13. Inquire <HI>Fitzh. fol.</HI> 196. <HI>G.</HI></P>
<P>The Tenant was effoyned and at the day made default, and adjudged that the A&s;&s;i&s;e &s;hall be taken by his default, and that re&s;ummons &s;hall not be but immediately after Summons, 4 H. 7. <HI>f.</HI> 23. and 4 <HI>Ed.</HI> 2. <HI>Fitzh.</HI> 37.</P>
<P>A man cannot recover by default in this Writ without inquiring of the points of the Writ, 31 <HI>Ed.</HI> 3. <HI>Tit.</HI> 58. <HI>A|bridgment Book of A&s;&s;i&s;es f.</HI> 119.</P>
<P>The Tenant makes default by which re&s;ummons went out, upon which he comes and pleads, and doth not an&s;wer to the default.</P>
<P>Where it is found again&s;t the Tenant, upon Plea which trencheth to the action, the points of the Writ &s;hall not be inquired, otherwi&s;e it is upon a Plea in abatement, &s;ee 39 <HI>Book of A&s;&s;i&s;es</HI> 13. and 29 <HI>Book of A&s;&s;i&s;es</HI> 48.</P>
<P><HI>Mortdance&s;ter,</HI> If the Tenant plead non-tenure of par|cell to the Writ, and if found, <HI>&amp;c.</HI> And is ready to heare the Recogni&s;ance of the A&s;&s;i&s;e, the points &s;hall be inqui|red, 20 <HI>Book of A&s;&s;i&s;es</HI> 19. and 4. <HI>Ed.</HI> 2. <HI>fol.</HI> 39.</P>
<P><HI>Mortdance&s;ter,</HI> the Tenant &s;aith, that he is ready to heare Recogni&s;ance of A&s;&s;i&s;e, the points inquired, 12 <HI>Ed.</HI> 3. <HI>f.</HI> 10.</P>
<P>If the Tenant plead non-tenure of parcell, he ought to plead over to the A&s;&s;i&s;e, that is, to pray that the Points be inquired, 12 <HI>Book of A&s;&s;i&s;ee</HI> 8. and <HI>Abridgment Book of A&s;&s;. fol.</HI> 122. See there.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="273" REF="139">
<HEAD>Where Mortdance&s;ter lyeth.</HEAD>
<P>IT lyes for the Heir, where his Father, Mother, Brother, Si&s;ter, Uncle, Aunt, Nephew, or Neece, dieth &s;ei&s;ed of any Lands of an e&s;tate in Fee, and an E&s;tranger abates, there the Heir &s;hall have a <HI>Mordance&s;ter,</HI> and when his Fa|ther were &s;ei&s;ed and di&s;&s;ei&s;ed, the day that he dyed, yet it lyes. <HI>Fitzh: fol.</HI> 195. <HI>C.D.</HI></P>
<P>If Tenent by the <HI>Curte&s;ie alien,</HI> the Heir &s;hall have <HI>Mor|dance&s;ter</HI> unle&s;&s;e he hath a&s;&s;ets by him, And if a Guardian hold over, the Heir at full age &s;hall have a <HI>Mortdance&s;ter: Fitzh: fol:</HI> 196. <HI>E. F.</HI></P>
<P><HI>Mordance&s;ter</HI> doth not lye upon Lands devi&s;able by Will, and it is rea&s;on, for it is true, that the Ance&s;ter was &s;ei&s;ed, the day that he dyed, and that he dyed &s;ei&s;ed, and the Te|nant is Heir in apparence. <HI>Fitzh: fol:</HI> 196. <HI>I.</HI> 4 <HI>Ed:</HI> 2. <HI>Fitzh: Mordance&s;ter</HI> 39.</P>
<P>It is a good bar to plead devi&s;e of the &s;ame Ance&s;ter, and &s;o it &s;eems where there is a devi&s;e now by the Statute of Wills, <HI>Abridg:</HI> Book of A&s;&s;i&s;es, <HI>fol:</HI> 120. &amp; 32 <HI>H.</HI> 8. <HI>Chap.</HI> 2.</P>
<P>One Coparcener &s;hall not have a <HI>Mortdance&s;ter</HI> again&s;t another, where their Ance&s;ter dyed &s;ei&s;ed, and one enters in all, and holds out his companion, but <HI>(nuper obiit)</HI> and if the Ance&s;ter dye &s;ei&s;ed of an e&s;tate tail and one enter, and deforce the other, he &s;hall have a <HI>Formedon,</HI> and not a <HI>Mortdanee&s;ter. Fitzh: fol:</HI> 196. <HI>L.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Mortmain.</HEAD>
<HEAD TYPE="sub">For that that by the 9th. Article, it is inquirable of Mort|main, to the intent that none &s;hall give in Mortmain, but that the Lord may make his claim within the time limited in the Statute. Let us therefore &s;ee, what is an alienation in Mort|main, and what not.</HEAD>
<P>IF Villain of an Abbot, or of a Corporation purcha&s;e, and the Abbot or the Corporation enters, this is in <HI>Mortmain,</HI> and the Lord may enter within the yeer. 41 <HI>Ed:</HI> 3. <HI>fol:</HI> 16. <HI>Fitzh:</HI> 224. <HI>B.</HI> Contrary of Land which di&s;|cends to a Villain. 41 <HI>Ed:</HI> 3.21. and 48 <HI>Ed.</HI> 3.27.</P>
<P><PB N="274" REF="140">If a Feoffment be made to the u&s;e of an Abbot, or a Cor|poration, this is <HI>Mortmain,</HI> and within the Statute, that the Lord may enter. 8 <HI>H.</HI> 4. <HI>fol:</HI> 16. <HI>Br:</HI> 11.</P>
<P>If an Abbot, Mayor and Commonalty, Dean and Chap|ter, or other Corporation, alien to another Corporation or Abbot, without licen&s;e, this is <HI>Mortmain, Fitzh:</HI> 212. <HI>D.</HI> The &s;ame Law if one exchange with an Abbot or Corporation, this is <HI>Mortmain,</HI> and the Lord may enter. <HI>Fitzh: fol:</HI> 223. <HI>E.</HI></P>
<P>Lord, Dean and Chapter, or other Corporation are Te|nants, and the Lord relea&s;es to Dean and Chapter, or to the Corporation, his Rent without licen&s;e, this is <HI>Mort|main.</HI> But if he be licen&s;ed of the King, and of the cheif Lord, and <HI>(Ad quod damnum)</HI> be &s;ued, or in the licen&s;e of the King, this clau&s;e be, that is to &s;ay, without any Writ of <HI>(ad quod damnum)</HI> then the <HI>Mortmain</HI> is not to be inqui|red in no ca&s;e, where &s;uch licen&s;e is u&s;ed, for that is di&s;pen|&s;ation, that the King nor the Lord cannot enter for <HI>Mort|main.</HI> But if the Lord with licen&s;e in this ca&s;e afore&s;aid, be Tenant in tail, or for life, and dyes, I think it is there in|quirable. <HI>Fitzh: fol:</HI> 222. D. and 223. <HI>I.</HI></P>
<P>But if the King grants to a Corporation liberty to pur|cha&s;e Lands and Tenements to the clear yearly value of 40 li. provided that it be not held in cheif, as divers Grants are: If &s;uch a Corporation purcha&s;e Lands and Tenements held of the King, as of his Mannours of Ea&s;t <HI>Greenwich, Depford,</HI> otherwi&s;e We&s;t <HI>Greenwich,</HI> Sayes Court, <HI>Lew|&s;ham</HI> fee, or held of the Queen as of her other Mannors, there it is not inquirable of <HI>Mortmain,</HI> but it is to be en|quired in the Leet, if they have purcha&s;ed any Lands held in chief, or over &s;uch a value in the Grant. And al&s;o it is to be inquired in Court Baron for the Lord. If any Corpora|tion have purcha&s;ed any Lands or Tenements held of the Lords Mannor (notwithwanding the Grant, and licen&s;e of the King afore&s;aid) for this &s;hall not be to di&s;pence a|gain&s;t the Lord for <HI>Mortmain.</HI></P>
<P>Where anuity is granted to a Par&s;on or a Vicar of a Church, or to a Prior or an Abbot, by any tenant, It is no <HI>Mortmain</HI> to be inquired, for in anuity if they recover, col|lu&s;ion &s;hall not be inquired, for that doth but charge the Par&s;on of the grantor, and not the freehold, 10 <HI>Ed.</HI> 4. <HI>fol.</HI> 6.34. <HI>H.</HI> 6. <HI>fol,</HI> 37.3. <HI>Ed.</HI> 4.14: 33. <HI>H.</HI> 6.27.20. <HI>H.</HI> 6.7. and 17. <HI>Ed.</HI> 3.5.</P>
<P><PB N="275" REF="140">But if any Tenant of the Lord, grant by deed out of his Land, any rent charge with clau&s;e of di&s;tre&s;&s;e to any corpo|ration, that is <HI>Mortmain,</HI> and inquirable.</P>
<P>The &s;ame Law is, If any tenant will, that a Corporation, &s;hall have to them and their &s;ucce&s;&s;ors, a rent charge i&s;&s;u|ing out of his Land, and will not that his Par&s;on be charg|ed in any manner, by Writ of an uity, but hath in the end of his Deed, provided alwaies that this pre&s;ent writing, nor any thing in that &s;pecified, &s;hall in no wife extend to charge my per&s;on by Writ or Action of anuitie, but onely to charge my Lands and Tenements of the yearly Rent afore&s;aid, This is <HI>Mortmain,</HI> and inquirable. The &s;ame Law is, if any Tenant of the Lord grant by Deed, that if the Dean and Chapter, Mayor and Commonalty, and their &s;uc|ce&s;&s;ors, be not yearly paid at the fea&s;t of Chri&s;tmas 20 s. that then it &s;hall be lawfull for them to di&s;train for the &s;ame in the manner of <HI>D.</HI> this is <HI>Mortmain,</HI> and inquirable. <HI>Littl: fol.</HI> 30. proves this a good Grant. See <HI>Fitzh.</HI> 224, <HI>G.</HI></P>
<P>But where per&s;onall things are given to a Corporation, as Hor&s;e, Cow, Ox, Sheep, hoggs, or other goods, there in this ca&s;e Mortmain is not to be inquired, for the&s;e &s;o given, are not within the &s;tatute, 10. <HI>H.</HI> 7. <HI>fol.</HI> 3.</P>
<P>If a Bi&s;hop or an Abbot, appropriate to them&s;elves an Advow&s;on held of a Lord, of which they are &s;ei&s;ed in Fee without Licen&s;e, that is <HI>Mortmain,</HI> and inquirable. <HI>Eitzh: fol:</HI> 223. <HI>H.</HI> and 5 <HI>H:</HI> 7. <HI>fol:</HI> 37. &s;aith, that an Advow&s;on ly|eth in tenure: 40 <HI>Ed:</HI> 3. <HI>fol:</HI> 44. accordingly.</P>
<P>If a Fi&s;hing held of the Lord, be granted by the Tenant, to a Bi&s;hop and his Succe&s;&s;ors, or to a Dean and Chapter and their Succe&s;&s;ors, this is <HI>Mortmain,</HI> and inquirable. 40 <HI>Ed.</HI> 3. <HI>fol:</HI> 44. proves that it lyes in tenure.</P>
<P>The Statute of Religious, <HI>fol:</HI> 79. is, That no Religious, or other what&s;oever, &s;hall pre&s;ume to buy or &s;ell, any Lands or Tenements, either under colour of gift or tearm, or by rea&s;on of any Title what&s;oever, or by any means what&s;o|ever, art or wit pre&s;ume to appropriate them to him, un|der the penalty of forfeiting the &s;ame, by which the Lands or Tenements may come into <HI>Mortmain,</HI> by any means. And the Statute gives liberty to the next Lord (if he come within the yeer) to enter, and if he be negligent and do not enter, then the next Lord within half a yeer; and if not, then the King after the yeer and half may enter, And
<PB N="276" REF="141">it is inquirable in the Court Baron, for the benefit of the Lord that he may enter within the yeer; and if the Lord be negligent, and do not take his time limited by the Sta|ture, then the King may enter, and that is inquirable in Leet for the King.</P>
<P>25 <HI>H.</HI> 8. <HI>tit.</HI> 37. Lord and Tenant, the Tenant lets for life to <HI>I. S.</HI> the remainder to an Abbot and his Succe&s;&s;ors, the Lord need not make claim till the Tenant for life be dead; for if he will waive the Remainder, it is no <HI>Mortmain.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Non-Tenure.</HEAD>
<HEAD TYPE="sub">In &s;o much that you &s;ue here plaints for Coppy-holder, and make prote&s;tation in nature of what Writ &s;erves your ca&s;e, and many times <HI>non tenure</HI> in them is pleaded, let us &s;ee where <HI>non tenure</HI> is a Plea, or is a plea of parcell and not of all.</HEAD>
<P><HI>NOntenure</HI> is no Plea in a <HI>(Nuper obiit)</HI> for it is to try privity of blood, 7 <HI>H.</HI> 6. <HI>fol.</HI> 8. <HI>Fitzh. fol.</HI> 197. <HI>D.</HI> &amp; <HI>F.</HI> accordingly, but abridgment, <HI>A&s;&s;. fol.</HI> 120. <HI>Non-tenure</HI> is a good Plea in <HI>Mortdance&s;ter.</HI></P>
<P>If one plead Ancient <HI>Deme&s;ne,</HI> he cannot afterwards plead <HI>Non-tenure,</HI> for none may plead ancient <HI>Deme&s;ne</HI> but the Tenant, 41. <HI>Ed:</HI> 3. <HI>fol.</HI> 22.</P>
<P>If one plead <HI>Non-tenure</HI> of parcell, he ought to &s;hew that he is Tenant of that. But if he plead <HI>Non-tenure</HI> of al, other|wi&s;e it is, 8 <HI>Ed:</HI> 4. <HI>fol.</HI> 6.11. <HI>H.</HI> 4. <HI>fol.</HI> 16. and 36 <HI>H.</HI> 6.6.</P>
<P><HI>Non-tenure</HI> is no Plea in <HI>(Scire facias)</HI> to have Execu|tion upon a Fine. 7 <HI>H.</HI> 4. <HI>fol.</HI> 12.</P>
<P>Generally <HI>Non tenure</HI> is no plea in <HI>Scire facias</HI> to have Ex|ecution, for that that nothing in that is demanded, but Execution is demanded only. But it &s;eems one may plead &s;peciall <HI>Non-tenure,</HI> as to &s;ay that he was a Di&s;&s;ei&s;or, and the Di&s;&s;ei&s;ee hath entered upon him. 7. <HI>H.</HI> 6. <HI>fol.</HI> 16.</P>
<P><HI>Ce&s;&s;avit,</HI> and counts that the Tenant held a hou&s;e of him by fealty and &s;uit of Court, he may deny that he is no Te|nant of the whole hou&s;e, for he cannot tender the whole arrearages without his companion, and goes in abatement of all. <NOTE PLACE="marg"><HI>Ra&s;t. Non-tenure</HI> 1.</NOTE> But <HI>Non-tenure</HI> of a parcell in a <HI>(Precipe)</HI> &s;hall not abate for all. 21 <HI>Ed.</HI> 4. <HI>fol.</HI> 25.</P>
<P><HI>Non-tenure</HI> of parcel &s;hal abate all the Writ, by the Com|mon
<PB N="277" REF="141">Law, and now by the Statute but for the parcell, 36 <HI>H.</HI> 6. <HI>fol.</HI> 6.18. <HI>Ed.</HI> 4.41. <HI>Ed.</HI> 3.20. &amp; 4. <HI>Ed.</HI> 4.33.</P>
<P><HI>Littleton fol.</HI> 126. <HI>Formedon,</HI> If the Tenant plead <HI>Non te|nure,</HI> Judgement &s;hall be that the Tenant &s;hall go without day, and after &s;uch judgment the Demandant may enter.</P>
<P>26 <HI>H.</HI> 8. <HI>fol.</HI> 3. <HI>Attaint,</HI> He which was party to the fir&s;t <HI>Re|cord,</HI> cannot plead <HI>Non-tenure,</HI> by <HI>Hare,</HI> but his feoffee may.</P>
<P>21 <HI>H.</HI> 6. <HI>fol.</HI> 62. Attaint again&s;t him which recovers, and the petty-Jury and he &s;aith, that he was not tenant day of the Writ purcha&s;ed, and held good.</P>
<P>6. <HI>Book of A&s;&s;i&s;es.</HI> Attaint again&s;t <HI>J.S.</HI> upon a verdict which pa&s;&s;ed for <HI>J. S.</HI> in a Writ of Entry upon di&s;&s;ei&s;in, and not|with&s;tanding that <HI>J. S.</HI> pleads as Tenant, yet for that, that he was not Tenant day of this attaint nor ever after, the Writ &s;hal abate by <HI>Non-tenure</HI> 14 <HI>Book of A&s;&s;.</HI> 2. Attaint, <HI>Non|tenure</HI> was good, but it was pleaded there by the Heir, or other per&s;on again&s;t whom the recovery was.</P>
<P><HI>Fitzh: fol:</HI> 107. <HI>L.</HI> Attaint, <HI>Non-tenure</HI> hath been admit|ted a good Plea divers times.</P>
<P>8 <HI>Ed:</HI> 4.20. A man recovers in Court Baron in right, and the other brings fal&s;e judgement, and recovers that, and in <HI>Scire facias</HI> to have Execution, he which fir&s;t recovered, pleads &s;peciall <HI>Non-tenure,</HI> to &s;tay Execution, and &s;aid that he &s;hall have it.</P>
<P>9. <HI>H.</HI> 5. <HI>fol.</HI> 11. <HI>Scire facias</HI> to have Execution, if the Te|nant pleads <HI>Non-tenure</HI> &s;pecially, That is, that he hath no|thing but for years, the Plaintiffe &s;hall not have Execution at his peri II.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Nuper obii.</HEAD>
<HEAD TYPE="sub">In &s;o much that <HI>(Nuper obiit)</HI> is a Plaint &s;ometimes by Co|pi-holder of that in Court Baron, &s;omething &s;hall be &s;aid of that, and where it lies, and where not.</HEAD>
<P>IT appears it lies where Lands di&s;cends to Coparceners, and after the death of the Ance&s;tor one enters into all, and deforceth the other, as where Grandfather, Father, Brother, Uncle or other Ance&s;ter die &s;ei&s;ed of an e&s;tate in Fee, and after their death, one of their Heirs enters, and deforces the other Coparceners, here the Coparceners de|forced &s;hall have a <HI>(Nuper obiit)</HI> again&s;t the other Copar|cener
<PB N="278" REF="142">which deforceth them. And if one Coparcener be deforced by the other Coparcener, and a &s;tranger, &s;he &s;hall have a <HI>(Naper obiit)</HI> again&s;t her Coparcener, and this Jointenancy &s;hall not abate the Writ. And this Writ lieth as well between Coheirs in <HI>Gavelkind,</HI> as between women which are Coparceners, if one deforce the other. <HI>Fitzh. fol.</HI> 197. <HI>A. C.</HI></P>
<P><HI>Nuper obiit</HI> lieth between &s;i&s;ters of the half blood, 3. <HI>Ed.</HI> 1 <HI>Tit.</HI> 5. <HI>Fitz. f.</HI> 179. <HI>G. Nuper obiit</HI> is maintainable, where her Ance&s;ter was carried out of the &s;ame tenements, the day before his death again&s;t his will, by the other Coparcener, and dies out of the &s;ame tenements, 4. <HI>Ed.</HI> 2. <HI>Tit.</HI> 10. <HI>Fitzh.</HI> 197. <HI>L.</HI></P>
<P><HI>Nuper obiit</HI> lieth of a Corody, 16. <HI>Ed.</HI> 2. <HI>tit.</HI> 11.10. <HI>A&s;&s;.</HI> 11. <HI>Br:</HI> 3. <HI>Fitzh.</HI> 179.</P>
<P>If there be two Coparceners, and one of them marries a Villain, and the other deforce them, the Villain and his wife &s;hall not have a <HI>Nuper obiit,</HI> 16. <HI>Ed.</HI> 3. <HI>tit. Fitzh</HI> 17.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Officer.</HEAD>
<HEAD TYPE="sub">Where your Officer, or Sheriffe &s;hall be puni&s;hed for executing of Proce&s;&s;e, as tre&s;pa&s;&s;or, and where not, and how he ought to carry hem&s;elf in executing Proce&s;&s;e.</HEAD>
<P>OFficer &s;hall be puni&s;hed in tre&s;pa&s;&s;e, that by <HI>(Fieri fa|cias)</HI> out of any Court, breaks the door of a hou&s;e to do execution, and for that only, &amp; not for taking the goods in execution. 18. <HI>Ed.</HI> 4. <HI>fol.</HI> 4.</P>
<P>It is held that an Officer cannot break the clo&s;e to make a Replegiare where there is a gate, unle&s;s that that be &s;topt, the &s;ame Law is of executing Proce&s;&s;e out of a Court Ba|ron, 21. <HI>H.</HI> 6. <HI>fol.</HI> 30.</P>
<P>Where one is indicted of tre&s;pas, and <HI>Capias</HI> awarded, or a Commi&s;&s;ion to take the party indicted, and he &s;huts his gates, there the Officer may break the gates, unle&s;&s;e he may otherwi&s;e come to take him, for this is for the King, other|wi&s;e it is to execute Proce&s;&s;e out of a Court Baron, 27. <HI>Book of A&s;&s;i&s;e,</HI> 35.</P>
<P>Where erronious Judgment is given in any Court, the Officer which doth the execution is excu&s;ed. Contrary where the Court gives Judgment of Land, or contract
<PB N="279" REF="142">which lieth out of their juri&s;diction, for their tre&s;pa&s;&s;e or A&s;&s;i&s;e lies again&s;t the Officer, 22. <HI>A&s;&s;.</HI> 64. <HI>Plowden</HI> 19<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">.</P>
<P>There is al&s;o a Diver&s;ity, where in Court Baron Judg|ment is given, that is void or voidable, for where judgment and execution is there, of a thing whereof they have no ju|ri&s;diction, there tre&s;pa&s;&s;e lies again&s;t the Officer for execu|ting it, but if Judgment be there but erronious, and &s;o not void, fal&s;e judgment lies, and no tre&s;pa&s;&s;e again&s;t the Offi|cer, <HI>Plowdens Com.</HI> 394. contrary Law.</P>
<P>Where an Officer by commandment of a Bi&s;hop arre&s;ts one for holding an opinion that he would not pay Tithes, fal&s;e Impri&s;onment lies.</P>
<P>The &s;ame Law where a Ju&s;tice of Peace, laies his com|mand upon one out of the Se&s;&s;ions without other matter, and for that is Impri&s;oned.</P>
<P>Where one by a <HI>Capias</HI> out of the Court Baron arre&s;ts one, fal&s;e Impri&s;onment lies again&s;t the Officers 10. <HI>H.</HI> 7. <HI>fol.</HI> 17.</P>
<P>It &s;eems if the Sheriffe arre&s;t one, by a <HI>Capias</HI> awarded a|gain&s;t him, out of the Common Bench, where there is no O|riginall, yet fal&s;e Impri&s;onment doth not lie again&s;t him, 21 <HI>H.</HI> 7. <HI>fol.</HI> 22. and 11 <HI>H.</HI> 4. <HI>fol.</HI> 36. the &s;ame, by <HI>Hank,</HI> i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> ca&s;e of the Abbot of <HI>Gla&s;&s;enbury.</HI></P>
<P>Held that the Sheriffe may arre&s;t a verger in the Church, or a &s;ecular man, and &s;hall not be puni&s;hed by tre&s;pa&s;&s;e. But by the &s;tatute of 1. <HI>R.</HI> 2. <HI>chap.</HI> the la&s;t &s;ee <HI>Pulton</HI> title Ar|re&s;ts. If any arre&s;t any Mini&s;ter which is doing Divine Ser|vice in the Church, Churchyard or other place, he &s;hall be Impri&s;oned and puni&s;hed, &amp;c.</P>
<P>If an Officer di&s;train or attache the hor&s;e of a Ma&s;ter, where the plaint is again&s;t the &s;ervant, tre&s;pa&s;&s;e lies for the ma&s;ter again&s;t the Officer, for the Officer ought to take no|tice at his perill who&s;e goods he di&s;trains or attaches, 13 <HI>H.</HI> 4. <HI>fol.</HI> 2.14. <HI>H.</HI> 4.24. 11 <HI>H.</HI> 4.90. <HI>&amp; Doct. &amp; Student</HI> 129.</P>
<P>Where an Officer arre&s;ts another man which is not de|fendant, or attache goods which are not the defendants, he is a tre&s;pa&s;&s;or, if the Plaintiffe &s;hew him the party, of goods, and &s;aith he is the Defendant or not, 11 <HI>H.</HI> 4. <HI>fol.</HI> 90.</P>
<P>It &s;eems that the Officer &s;hall take notice at his perill who&s;e bea&s;ts he repleves, 14. <HI>H.</HI> 4. <HI>fol.</HI> 24.</P>
<P>If the Officer re&s;train any Prior, or other Prelate for debe or tre&s;pa&s;&s;e when he is in his journey riding, by his hor&s;e
<PB N="280" REF="143">upon which he rides, where he may di&s;train other goods, action upon the ca&s;e lies again&s;t the officer, <HI>Quare cum &amp;c. Fitzh. fol.</HI> 93. I.</P>
<P>Where the Sheriffe hath a <HI>Capias,</HI> he may arre&s;t one with|out &s;hewing it, and &s;o may a Bayliffe erant, But the &s;ervant of a Sheriffe and of another, cannot without &s;hewing the Warrant. The &s;ame Law is of a Bayliff of the Lord or Bea|dle, which by cu&s;tome &s;erve Attachements or di&s;tre&s;&s;e, They having a command, may &s;erve it without &s;hewing it. But &s;o cannot they do, where they have a command to &s;ummon Copy-hold Land, or a command in nature of <HI>Grand cape, Petit cape, habere facias vi&s;um,</HI> or <HI>Habere facias &s;efinam,</HI> 14 <HI>H.</HI> 7. <HI>fol.</HI> 9. 21 <HI>H.</HI> 7. <HI>fol.</HI> 37. 8 <HI>Ed.</HI> 4. <HI>fol.</HI> 14. and 10 <HI>Ed.</HI> 4. <HI>fol.</HI> 1.</P>
<P>If the Sheriffe arre&s;t one by a <HI>Capias,</HI> and after do not re|turn the Writ, or return <HI>(non e&s;t inventus)</HI> fal&s;e Impri&s;on|ment lies again&s;t the Sheriffe. But in Court Baron no <HI>Ca|pias</HI> &s;hall be awarded, yet if the Officer there &s;erve an At|tachment or di&s;tre&s;&s;e and do not return his precept at the next Court, Tre&s;pa&s;&s;e lies again&s;t the Officer for the De|fendant, and an Action of the Ca&s;e lies again&s;t him for the Plaintiffe which &s;ued the Action, for not returning of the Precept, 10 <HI>Ed.</HI> 4. <HI>fol.</HI> 18. 3 <HI>H.</HI> 7. <HI>fol.</HI> 3.</P>
<P>If the &s;ervant of the Sheriffe arre&s;t one by Precept made out of a <HI>Capias,</HI> and return his precept to the Sheriffe, and yet the Sheriffe do not return his <HI>Capias,</HI> fal&s;e Impri&s;on|ment lies again&s;t the &s;ervant. But by the 18. of <HI>Ed.</HI> 4. <HI>fol.</HI> 9. it appears that it is otherwi&s;e, where the Baylife of the Li|berty arre&s;ts one by precept, out of a <HI>Capias</HI> made to him by the Sheriffe, and returns his precept, and the Sheriffe do not return the <HI>Capias,</HI> there lies fal&s;e Impri&s;onment again&s;t the Sheriffe, and not again&s;t the Bayliffe. But in Court Ba|ron, Bayliffe or Beadle which have a precept of the Ste|ward, cannot make precepts out of that to &s;erve. 21 <HI>H.</HI> 7. <HI>fol.</HI> 22.20. <HI>H.</HI> 7. <HI>fol.</HI> 13.</P>
<P>One may arre&s;t one in the pre&s;ence of the Sheriffe, which hath a <HI>Capias</HI> by his Commandment, &amp; it is his arre&s;t, with|out &s;hewing the precept, and Bayliffe or Beadle of a Court Baron may attach or di&s;train any thing without a precept, in the pre&s;ence of the Steward, and by his Commandment. 8. <HI>Ed.</HI> 4. <HI>fol.</HI> 14. 21. <HI>H,</HI> 7. <HI>fol.</HI> 22.16. <HI>H.</HI> 7. <HI>fo.</HI> 14. See there.</P>
<P>Bayliffe or Beadle of Court Baron, di&s;train or &s;erve At|tachment, and the Defendant makes re&s;cous, and cha&s;eth
<PB N="281" REF="143">the thing de&s;trained or attached out of the Mannor, and the Officer fre&s;hly follow and takes it again, and brings it into the Mannor again, and may well do it. 33. <HI>H</HI> 6. <HI>fol.</HI> 52. and 55. and 2 <HI>Ed.</HI> 4. <HI>fol.</HI> 6. accordingly.</P>
<P>If a Sarjeant at mace arre&s;t one, and he re&s;i&s;ts, he may beat him, and others (upon reque&s;t) may aid him, 2. <HI>Ed.</HI> 4. <HI>fol.</HI> 6. <HI>B.</HI> and 3. <HI>H.</HI> 7. <HI>fol.</HI> 3.</P>
<P>By <HI>Hank,</HI> Officer cannot attach <HI>J. S.</HI> by my goods which he hath to dung his Land, or to plough it, or which he hath in pawn, 11. <HI>H.</HI> 4. <HI>fol.</HI> 90. <HI>B.</HI> 31. <HI>H.</HI> 8. <HI>tit.</HI> 159. It is &s;aid, where one hath an Office of charge: as to be Steward, Bay|liffe, Parker, &amp;c. That the grantor may out them, and pay their Fee, if it be &s;o much certain, but not where they have profits of Court. &amp;c. 34 <HI>H.</HI> 8. <HI>tit:</HI> 243. the &s;ame.</P>
<P>28. H. 8. <HI>tit.</HI> 94. Deprivation of an Office which lies in grant, ought to be by deed and not by word.</P>
<P>5. <HI>Ed.</HI> 4. <HI>fol.</HI> 5. Long report, the Act of the under She|riffe, or his Deputy in the name of the Sheriffe, &s;hall charge the Sheriffe, and for their act the Sheriffe him&s;elf &s;hall be amerced, and no other.</P>
<P>39 <HI>H.</HI> 6. <HI>fol.</HI> 35. The opinion of the Ju&s;tices was, That e&s;cape of a pri&s;oner is not a &s;ufficient cau&s;e of forfeiture of the office of the Mar&s;hal, which hath fee in that, and held that the Mar&s;hal might grant that to another for life, but his a&s;&s;ignee cannot make a deputie; And the opinion of the Ju&s;tices, that not executing of an office, is a &s;ufficient cau&s;e of &s;ei&s;ure: Deputie occupies to the u&s;e of the officer, and his forfeiture or mi&s;demeanour &s;hall make the Officer to loo&s;e his Office, but the mi&s;demeanour of the grantee for life not, but of his own e&s;tate.</P>
<P>11 <HI>Ed.</HI> 4. <HI>fol.</HI> 1. Duke, or Mar&s;hal in fee, may make a De|puty for his Patent is, to be executed by him&s;elf or his De|putie. The &s;ame Law of the Office of Chamberlain of the Exchequer, which is al&s;o an Office of tru&s;t, for he keeps the Records of the King, &s;o that an Office of tru&s;t cannot be granted over. If the Patentee hath it not, to him and his A&s;&s;ignees, he cannot make a Deputy, and there agreed, that he hath that, in his own right, and Deputy is not but to occupie in the Right of the Grantee. See <HI>Perkins, fol.</HI> 21. <HI>E. F. G.</HI> 10 <HI>Ed.</HI> 4. <HI>fol:</HI> 16.</P>
<P>5 <HI>Ed.</HI> 4. <HI>fol.</HI> 27. Where an anuity is granted to keep a Park, if the Grantee mi&s;u&s;e that, by which the Deere are
<PB N="282" REF="144">killed, that is forfeiture of his Office. <HI>Littleton fol:</HI> 73. If a man grant by his Deed to another the office of Parker&s;hip, Steward, Bayliffe, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> there is annexed to that a condi|tion in Law, &amp;c.</P>
<P>5 <HI>Ed.</HI> 4. <HI>fol:</HI> 10. The King grants to Garter the office of the King of Arms at will, and 10 li. fee, for tearm of his life for that Office, If the Grantee be put from the fee the of|fice &s;hall cea&s;e, for the Cau&s;e cea&s;ing, the effect &s;hall cea&s;e. 7 <HI>Ed.</HI> 4. <HI>fol.</HI> 23. the &s;ame.</P>
<P>9 <HI>Ed.</HI> 4. <HI>fol.</HI> 5. If the King grant an Office to one which knows not how to u&s;e it, It is &s;aid that the grant is void, and Ju&s;tices may refu&s;e him. 5 <HI>Ed.</HI> 4. <HI>tit.</HI> 48. the &s;ame.</P>
<P>9 <HI>Ed.</HI> 4. <HI>fol:</HI> 6. The King grants Office, the Patentee may make title in a&s;&s;i&s;e, without &s;hewing that it was an Office before. But if the grant was with vales and fees it is not good, unle&s;&s;e there be words <HI>(Con&s;tituimus)</HI> if there were none before.</P>
<P>9 <HI>Ed.</HI> 4. <HI>fol:</HI> 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 Ju&s;tice is void, for it is a Judiciall office.</P>
<P>18 <HI>Ed.</HI> 4. <HI>fol:</HI> 8. The King grants the Office of chief pre|notary to two that is void, and the Ju&s;tices may refu&s;e to enroll it, for two cannot have the keeping of the Rolls.</P>
<P>29 <HI>H.</HI> 8. <HI>Tit.</HI> 47. If a man hath a fee of a Lord, and after is made a Ju&s;tice, this fee is not void, but after he is made Ju&s;tice, he is not to take fee of any but of the King. But where a Par&s;on is made a Bi&s;hop, the Par&s;onage is void, for he cannot be Ordinary to him&s;elf, nor puni&s;h him&s;elf.</P>
<P>3 <HI>H.</HI> 7. <HI>fol:</HI> the la&s;t. The King cannot grant the Rever|&s;ion of an Office to <HI>J. S.</HI> by that name, but reciting how, that &s;uch a one &s;hal have and hold &s;uch an Office for tearm of his life, of Our &s;peciall grace We grant the Office afore|&s;aid to <HI>J. S.</HI> to have after the death, &amp;c. See 32 <HI>H.</HI> 8. Chap. 27.</P>
<P>9 <HI>H.</HI> 7. <HI>tit.</HI> 44. If the Warden of the Fleet, do not bring in his pri&s;oner which is commanded by the Court, that is a cau&s;e of &s;ei&s;ing his Office. And if a pri&s;oner condemned e&s;cape, he is to pay the condemnation.</P>
<P>11 <HI>Ed.</HI> 4 <HI>fol.</HI> 1. by <HI>Vavi&s;or,</HI> Not attendance is a cau&s;e of forfeiture of the Office.</P>
<P><HI>We&s;tm:</HI> 1. Chap. 26. No Sheriffe nor other Mini&s;ter of the King, &s;hall not take reward to do his office, and who doth,
<PB N="283" REF="144">&s;hall re&s;tore double to the Plaintiffe, and &s;hall make Fine to the King.</P>
<P><HI>We&s;tm:</HI> 1. <HI>Chap.</HI> 29. No &s;ervant, accomptant, nor other make any di&s;ceit or collu&s;ion in the Kings Court, or con|&s;ent to make that in deceit of the Court to wrong the Court or party, and of that be attaint, he &s;hall have Impri|&s;onment for a yeer and a day, and be not heard in Court to count for none, and if there be another which counts he &s;hall be impri&s;oned a yeer and a day.</P>
<P><HI>Fitzh:</HI> 172. <HI>O.</HI> No Victualler ought to u&s;e to &s;ell victuall or wine, by great or retail, &s;o long as he is in Office, as Mayor, &amp;c. To keep the a&s;&s;i&s;e of bread and wine.</P>
<P><HI>Fitzh:</HI> 173. <HI>A.</HI> Victualers &s;hall not be cho&s;en to office of Judge, in Towns and Cities, but for default of others, and then they &s;hall not &s;ell victuals. See of that divers Sta|tutes.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Proce&s;&s;e of Execution.</HEAD>
<P><HI>JOhn Kitchin</HI> Steward, to his Bayliffe health. Becau&s;e <HI>Rob.</HI> B. hath recovered again&s;t <HI>W.E.</HI> 31. s. in a Plea of Debt, and 12 d. for charges and co&s;ts, of which the &s;aid <HI>W.</HI> in the &s;ame Court was convicted by the Judgement of the Court. Therefore you &s;hall cau&s;e to be levied according to the cu&s;tome the afore&s;aid 31 s. in the &s;aid Court adjudged, and the &s;aid 12 d. for charges, and you &s;hall have the &s;aid mo|ney at the next Court to pay to the &s;aid <HI>Rob:</HI> for his dama|ges afore&s;aid, and have there this Precept, and how, &amp;c. dated the 24th day of <HI>April,</HI> the yeer of the Reign of the Queen, &amp;c. 21.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Pound overt.</HEAD>
<HEAD TYPE="sub">For that that in the <HI>15th</HI> Article of the Charge, it is to be en|quired, if any Di&s;tre&s;&s;e put into the Lords Pound be taken out without Authoritie, for that let us &s;ee &s;ome things touch|ing open Pounds.</HEAD>
<P>SEveral pa&s;ture of one, is provided for the time, though it be not an open Pound, for that is adjoyning to the Kings high way, which is called an open Pound. 5 <HI>H.</HI> 7. <HI>fol:</HI> 9</P>
<P>If a man di&s;train his tenant in Fee, for life, or yeers, for
<PB N="284" REF="145">Rent, he cannot impound in the &s;ame Land where he takes the Di&s;tre&s;&s;e: but for dammage doing he may. 21 <HI>H.</HI> 7. <HI>fol:</HI> 39.</P>
<P>By <HI>Choke.</HI> If one take Bea&s;ts in the name of Di&s;tre&s;&s;e, he ought to put them into an open Pound, for that, that he which is di&s;trained, may give to them &s;u&s;tenance, other|wi&s;e he cannot give them meat. But if he di&s;train dead chattels, I may put them where I will; but if they &s;poil in my default, I mu&s;t an&s;wer for them. 9 <HI>Ed.</HI> 4. <HI>fol:</HI> 2. <HI>B.</HI></P>
<P>If Di&s;tre&s;&s;e be taken out of the open Pound of the Lords of the Town, he which di&s;trains &s;hall have a <HI>(Parco fracto)</HI> and not the Lord; and the remedie for the Lord is pre&s;ent|ment in the Court Baron. 21 <HI>Ed.</HI> 4. <HI>fol:</HI> 19. <HI>Fitzh:</HI> 100. <HI>G.</HI></P>
<P>Where one di&s;trains (doing dammage) or for Rent, or &s;ervice, and impounds them in the common Pound, or in another Pound or place which is a lawfull Pound, and an other takes them out, he which di&s;trained &s;hall have a Writ called <HI>(Parco fracto)</HI> of that taking out of the Pound. The &s;ame Law is if they were impounded in a Clo&s;e of his freind by his licen&s;e, and are taken out, he which di&s;train|ed &s;hall have a <HI>(Parco fracto)</HI> and his freind Tre&s;pa&s;&s;e, why by force of arms he broke his Clo&s;e. <HI>Fitzh:</HI> 100. <HI>E.</HI></P>
<P>If Di&s;tre&s;&s;e be put in open Pound, and they dye, it is the lo&s;&s;e of the owner: but if they be put in another place, it is not &s;o. And though &s;ufficient amends be offered, yet he cannot take the Di&s;tre&s;&s;e out of the Pound, but ought to &s;ue a Replegiare; And then if it be found that &s;ufficient was tendered, he &s;hall recover dammages for the refu&s;all. But if the Di&s;tre&s;&s;e dye in open Pound, though &s;ufficient amends were offered, yet it is to the lo&s;&s;e of the owner, &s;o that he ought to give to them &s;u&s;tenance. <HI>Doctor &amp; Student fol.</HI> 113.</P>
<P>If Di&s;tre&s;&s;e taken, doing dammage be put in a Pound, the Defendant may ju&s;tifie that he hath Common in the place where the taking was, and made fre&s;h &s;uit, and came to the Pound, and there he found that unlockt, and took his Bea&s;ts, this is lawfull upon fre&s;h &s;uit, and being un|locked. So it &s;eems in all ca&s;es, where the Di&s;tre&s;&s;e is ta|ken without rea&s;onable cau&s;e upon fre&s;h &s;uit, and Pound unlocked, the owner may take them out of the Pound. 30 <HI>Ed:</HI> 3. <HI>fol:</HI> 171.</P>
<P>3 <HI>H.</HI> 6. <HI>fol:</HI> 15. Defendant in Replegiare may &s;ay, that he
<PB N="285" REF="145">put the Bea&s;ts in open Pound, and there they dyed, and he &s;hall not wage deliverance.</P>
<P>5 <HI>H.</HI> 7. <HI>fol:</HI> 9. If the Defendant in Replegiare take bea&s;ts and drives them away, and doth not put them in an open Pound, and they die, this is not in default of the Plaintiffe; But if he put them in an open Pound, within the County, it is not to be &s;aid that they are conveyed away; but the Plaintiffe at his perill is bound to take knowledge where they are, and to give them meat.</P>
<P>39. H. 8. <HI>Tit: di&s;tre&s;&s;e</HI> 6. He which di&s;taines bea&s;ts may put them in a clo&s;e hou&s;e, 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 &amp; 2 <HI>Phil:</HI> and <HI>Ma: chap.</HI> 12. <HI>tit. Di&s;tre&s;&s;e,</HI> That no di&s;tre&s;&s;e &s;hall be driven out of the hundred, unles to the open Pound, nor above 3 miles, and one di&s;tre&s;&s;e &s;hall not be impounded in &s;everall pounds upon forfeiture of 5 <HI>l.</HI> And for poundage of an In|tire di&s;tre&s;&s;e a man &s;hall not take above 4. d. poundage.</P>
<P>20. H. 7. <HI>fol.</HI> 1. Where the Lord de&s;traines bea&s;ts and they are taken out of the Pound, the Lord &s;hall have a <HI>(Parco fracto)</HI> and the party may have tre&s;pa&s;&s;e, for the property lies in him by <HI>Forwick.</HI></P>
<P><HI>Fitzh.</HI> 101. Where a man di&s;traines for doing dammage, Rent, or &s;ervice, and puts them into the common Pound or into an other lawfull Pound, and he which owes the bea&s;ts or another per&s;on takes them out of the Pound, then he which di&s;trained, &s;hall have a <HI>(Parco fracto)</HI> and if a man &s;end his &s;ervant to di&s;train for rent or &s;ervice, and the &s;ervant di&s;train and put them into the Pound, and a &s;tranger takes them out of the Pound, now the Ma&s;ter &s;hall have a <HI>(Parco fracto)</HI> for it is the pound of the ma|&s;ter, 21. <HI>Ed.</HI> 4. <HI>fol.</HI> 19.</P>
<P><HI>Fitzh.</HI> 101. <HI>E.</HI> if a man di&s;train for Rent, doing dam|mage, or &s;ervices and puts the bea&s;ts in the ground or clo&s;e of another his friend by his licen&s;e, and he which ows them takes out the bea&s;ts, he which di&s;trained &s;hall have a <HI>(Parco fracto)</HI> and not he which hath the clo&s;e.</P>
<P><HI>Fitzh.</HI> 101. H. For amercement in hundred one cannot di&s;traine, but the proper goods of him that is amerced, &amp; not others, but for rent or &s;ervice is otherwi&s;e, for the party may di&s;train the bea&s;ts, found in the Land which are ri&s;ing and lying and Impound them.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="286" REF="146">
<HEAD>Releife.</HEAD>
<P>IF one have a tenement in chief, and dyes, &amp;c. and af|ter &s;uch Heir be in Ward&s;hip, when he &s;hall come to age, that is, 21 years, he &s;hall have his Inheritance without releife. But by the &s;tature of <HI>Marlebridge chap.</HI> 10. and by the Prerogative of the King the 3. <HI>chapt.</HI> the King &s;hall have the fir&s;t &s;ei&s;in, nor the Heir &s;hall not enter, before he hath received it out of the Kings hands, what&s;oever Age he be of, <HI>Magna charta,</HI> 2. 3. &amp; 4.</P>
<P>Where one holds of a common per&s;on by Homage, feal|ty, and e&s;cuage, and dies, his Heir male being within Age of 21 years, he &s;hall be in ward untill 2<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> years, and if he were not in ward but were of ful age, that is, 21 yeers, then the Lord &s;hall have a 100 s. for a whole Fee for relief, and if he hold by a moitie 50 s. and &s;o who by more, more, and who by le&s;&s;e, le&s;&s;e. <HI>Litt. fol.</HI> 24.</P>
<P>But by <HI>Marlebridge chapt.</HI> 17. If the Heir within age be in ward and at full age, the Lord will not &s;uffer him to en|ter without Suit, but holds him out to have relief, or o|therwi&s;e holds him out that he cannot enter without plea, he &s;hall have a <HI>Mortdance&s;ter</HI> again&s;t his Guardian, and recover his dammages. <HI>Fitzh. fol.</HI> 196. <HI>F.</HI></P>
<P>If one holds of the Lord in Socage, that is by fealty, and 10 s. payable at a certain day and dyes, then the Lord &s;hall have 10 s. for relief over the 10 s. which he paies for his Rent, and &s;uch relief is due forthwith of what age the Heir be, &s;o that he pa&s;&s;e the age of 14 years, But if he hold by a Ro&s;e, that &s;hall not be paid forthwith, but when the time of the year is that they grow. <HI>Litt. fol.</HI> 28. And this releif by <HI>Bracton</HI> and <HI>Britton</HI> is not &s;o properly to be called releif, as that which is paid at full age by him that holds in Chivalrie, 16. <HI>H.</HI> 7. <HI>fol.</HI> 4. and 18. <HI>Ed.</HI> 3. <HI>Tit. A|vowrie</HI> 99.</P>
<P>Note when a man holds of the King in chief, and of o|ther per&s;ons by Knights &s;ervice, The King &s;hall have the Ward of all, and the Heir &s;hall pay relief to every Lord at his full age, 24. <HI>Ed.</HI> 3. <HI>fol.</HI> 8. <HI>&amp; fol.</HI> 24.39. <HI>Ed.</HI> 3. <HI>tit.</HI> 1. the &s;ame, 26. <HI>H.</HI> 8. <HI>fol.</HI> 8. the &s;ame, and <HI>Nat. bre. fol.</HI> 95. notwith&s;tanding &s;ee <HI>Stamf:</HI> Title Prerogative.</P>
<P><PB N="287" REF="146">The Father dyes &s;ei&s;ed, and the elde&s;t brother of full age, dyes before that he enters, and before that he hath po&s;&s;e&s;&s;ion in deed, the yonge&s;t brother being of full age, he &s;hall 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 <HI>Ed.</HI> 1. <HI>Tit.</HI> 12. and 13. <HI>Ed.</HI> 3. <HI>Tit.</HI> 6. the &s;ame.</P>
<P>If my Tenant enfeoffes his &s;on and Heir of full age and dyes, before the Son gives notice to me, I &s;hall have releif of him, for that that his Father dyed my Tenant, to the avowrie, 7 <HI>Ed.</HI> 3. <HI>chap:</HI> 11.17. <HI>Ed.</HI> 3. <HI>fol.</HI> 3. Enquire. See 3. <HI>H.</HI> 6. <HI>fol.</HI> 47.</P>
<P>Where Land is given to the Father for life, the remain|der to his right Heirs, the which tenements are held by Knight &s;ervice, the Father dyes, his Heir of full Age, he &s;hall pay releif, 32. <HI>Ed.</HI> 3. <HI>fol.</HI> 4.</P>
<P>E&s;tate is made to the Father for life, the remainder in tail to his elde&s;t Son, and his Wife, the remainder to the right Heirs of the Father in fee, the father dies, the elde&s;t &s;on and his Wife die without I&s;&s;ue, the younge&s;t &s;on is in by di&s;cent, and &s;hall pay releif, 40. <HI>Ed.</HI> 3. <HI>fol.</HI> 9.</P>
<P>Gift is made to one in tayl, the remainder to the right Heirs of <HI>J. S.</HI> which was dead, Donee dyes without I&s;&s;ue, <HI>T. S.</HI> had that as right Heir, but is in as a purcha&s;or, and for that &s;hall not pay releif. 12 <HI>Ed.</HI> 4. <HI>fol.</HI> 2.</P>
<P>A Lea&s;e for life, the remainder to the right Heirs of <HI>J.S.</HI> tenant for Lea&s;e dies living <HI>J.S.</HI> the remainder is void, and <HI>J.S.</HI> and his Heir &s;hall not be &s;aid in by di&s;cent to pay releif, 9. <HI>H.</HI> 6. <HI>fol.</HI> 23.</P>
<P>Lea&s;e for life, the remainder to the right heirs of <HI>J. S.</HI> and <HI>J. S.</HI> hath I&s;&s;ue <HI>T. S.</HI> and dyes, <HI>T. S.</HI> &s;hall pay no re|leif, for he is in as purcha&s;or, 11. <HI>H.</HI> 4. <HI>fol.</HI> 72.</P>
<P>Lea&s;e is made to one for life, the remainder to another in tail, the remainder over to <HI>J. S.</HI> in fee, he in remainder in tail dyes, his I&s;&s;ue of full age, he &s;hall pay no releif, for tenant for life is tenant, but when tenant for life dyes he &s;hall pay releif 33. <HI>H.</HI> 6. <HI>fol:</HI> 5.6.</P>
<P>Lord and tenant, the tenant lets for life, the remainder in fee to another, and he in remainder dies, his Heir of full age &s;hall pay no releif, for the tenant for life is tenant to the Lord, <HI>Fitzh.</HI> 142. <HI>B.</HI></P>
<P>Where an e&s;tate is to the husband and to his Wife: and
<PB N="288" REF="147">to the Heirs of the body of the husband, the remaindet to the right Heirs of the husband, the husband hath I&s;&s;ue of full age and dyes, the Wife is tenant to the Lord, and for that the I&s;&s;ue &s;hall not pay releif when tenant for life dyes he &s;hall pay releif. 5 <HI>Ed.</HI> 4. <HI>fol.</HI> 10.</P>
<P>If the Heir of full age recover, In a (while&s;t he was not <HI>Compos mentis,</HI> or in <HI>dum fuit infra aetatem</HI>) or if his Father had made a feoffment upon condition, and he enters for the condition broken, he &s;hall pay releife, 11. <HI>H.</HI> 7. <HI>fol.</HI> 12.</P>
<P>Tenant in fee farme upon di&s;cent &s;hall pay no releife, for that that his rent is entended the very value of the Land, 45. <HI>Ed.</HI> 3. <HI>tit.</HI> 8. B. old tenures the &s;ame.</P>
<P>20. H. 7. <HI>fol.</HI> 1. Debt lyeth for releife by <HI>Brud:</HI> Debt (is &s;aid) lies by the Lord for releife, but it is held cleer, that Executors of the Lord &s;hall have debt for releife. So it &s;eems one may have debt for releife or di&s;train, 39. <HI>H.</HI> 6. and 32. <HI>H.</HI> 8. <HI>Brook.</HI> Releife. 11.</P>
<P>Notwith&s;tanding that by will in writing, Lands are de|vi&s;ed to another in fee, yet the Lord may have releife and harriots, and may di&s;train for releife and hariott, as he might have done before the making of that &s;tatute, and though this &s;tatute never had been made, 32. <HI>H.</HI> 8. <HI>ch.</HI> 1.</P>
<P>Note that releife &s;hall be paid to the Lord which hath an e&s;tate in fee; or in tail, for life or for years, for that it is a <HI>Perque Site</HI> incident to the Lord&s;hip, and if the Lord dyes, his Executors &s;hall have the releife due to him.</P>
<P>The tenant &s;hall pay but once releife in his life time, &amp; he &s;hall not pay again by change of the Lord, <HI>Britton fol.</HI> 177. and <HI>Bracton</HI> accordingly, and &s;ayes, but once as long as the Heir la&s;teth, 34. <HI>Ed.</HI> 1. <HI>Tit. Anowrie</HI> 233. <HI>fol.</HI> 1. If the releife be due to the Lord, and the Lord dyes, that &s;hall be a chattell to his Executors.</P>
<P>14. H. 4. <HI>fol.</HI> 8. If one be enfeoffed before the &s;tatute to hold by a penny, for all &s;ervices, exactions, and all de|mands, yet releife &s;hall be due by <HI>Sherne.</HI></P>
<P><HI>Magna Carta chap.</HI> 2. If any holds of the King in cheife, and owes us releif, he &s;hall have his Inheritance by the old releif, that is, the Heir or heirs of an Earl of a whole Coun|ty by a 100 l. the Heir or heirs of a Baron of a whole&punc; baro|ny by a 100 marks, the Heir or heirs of a Knight of a whole Knights fee 100 s. at the mo&s;t, and who le&s;&s;e hath, &s;hall
<PB N="289" REF="147">give le&s;&s;e according to the old cu&s;tome of the Fee.</P>
<P><HI>Magna Charta chap.</HI> 3. After the Heir be in Ward, when he comes to age, that is 21 years, he &s;hall have his Inheri|tance without Releife.</P>
<P>By <HI>Glanvile</HI> and by <HI>Littleton</HI> for a whole &s;ervice of a Knight, he &s;hall pay for Releife a 100. <HI>s.</HI> and to that a|grees the Stat. of <HI>Mag. Char. Chap.</HI> 2. and the Statute is over the heire or heires of a whole Barony 100. Markes, and the heire or heires of an Earle of a whole Earldome 100 <HI>l.</HI> and <HI>Lit<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">f.</HI> 35. &s;aith, that Tenant by grand Serjeanty &s;hall pay for releife, the value of his Land by a yeare, beyond all repri&s;es.</P>
<P>If any hold of any E&s;cheat, as of the honour of <HI>Walling|ford, Notingham, Bullen.</HI> and other E&s;cheats which are in our hand, and are Baronies and dies, his heire &s;hall give no other releife then the Barons did, <HI>Magna Charta chap.</HI> 31.</P>
<P>Note that hariot &s;ervice is to be paid by the common Law upon di&s;cent, as Releife is to be paid upon difcent, and for that where Releife &s;hall be paid, let us &s;ee where one &s;hall be &s;aid in by di&s;cent, in the title of di&s;cent before.</P>
<P>VVhere land is given to be held by Homage, and having his &s;ervices, rendring yearly foure Markes, for all &s;ervices and demands, yet releife &s;hall be paid, for releife is a thing which growes by rea&s;on of &s;ervices, and is incident, 18 E. 3. <HI>tit. avowrie</HI> 99.</P>
<P><HI>Bracton</HI> &s;aith, he &s;hall give releife, which &s;ucceeds by hereditary right, but not he that purcha&s;eth.</P>
<P>All Purcha&s;ors are quit of releife all their lives of land purcha&s;ed, and al&s;o tho&s;e which held only for life, and al&s;o tho&s;e who have married VVives, which have been in ward to their Lords, nor he which was in ward to the Lord, ought to pay releife, <HI>Brit.</HI> 177.</P>
<P>If Me&s;nalty di&s;cend to a Tenant, he &s;hall pay the releife if he be of full age, &amp; holds by Knights &s;ervice, and if with|in age, &s;hall be in ward, where a Rever&s;ion of Tenant for life di&s;cends to one he &s;hall pay releife, but otherwi&s;e it is, if one Tenant levy a Fine to one and his heirs, which dies before entry, and after the heire of the Coni&s;ee hath exe|cution by <HI>(Scire facias)</HI> he &s;hal not pay releif, &s;o it is if the Father recover in value or in <HI>Mortdance&s;ter</HI> and dies, and the heire hath Execution by <HI>Scire facias,</HI> &s;hall not pay re|leife, 11 <HI>H.</HI> 7. <HI>f.</HI> 12.</P>
<P><PB N="290" REF="148">No feoffment upon collu&s;ion nor u&s;e &s;hall defeate releif nor any other fraudulent gift, <NOTE PLACE="marg"><HI>Ra&s;tall, U&s;es</HI> 7. <HI>Ra&s;tall, Fraud</HI> 1. <HI>Covin.</HI></NOTE> for they are u&s;es executed, releife &s;hall be paid as well as of lands by the Statute, 19 <HI>H.</HI> 7. <HI>chap.</HI> 15. and al&s;o by the Statute of 13. <HI>Eliz. chap.</HI> 5. All fraudulent acts are void again&s;t their Lords, as touch|ing their Hariots and releifs.</P>
<P>If there are two Daughters, one within age and in ward, and the other of full age, &s;he &s;hall pay releif for her part.</P>
<P>Abbot nor Corporation &s;hall not pay releife after the death of the Predece&s;&s;or, for that, that they are in by electi|on, and not by di&s;cent, and the Corporation doth not dye, 8 <HI>R.</HI> 2. <HI>Tit.</HI> 14. But by that booke, one by pre&s;cription or Deed, may have releife after the death of every Abbot, or Prior, <HI>Statham</HI> 3 <HI>Ed.</HI> 3. <HI>Tit.</HI> 162.</P>
<P>Opinion is that after receit of Homage, a man cannot avow for releife. But <HI>Glanvile</HI> and <HI>Lit.</HI> &s;ay, that it is due immediately after full age, that is, if they hold by Knights &s;ervice, and by <HI>Lit.</HI> if they held in Socage it is due forth|with as before it is &s;aid, if he pa&s;&s;e the age&punc; of foureteen yeares, 15 <HI>Ed.</HI> 3. <HI>Tit.</HI> 5. <HI>Britton fol.</HI> 178.</P>
<P>No releife be given before that the Lord be &s;ei&s;ed of his Homage, nor before that the Lord have delivered him the writings of his Heritage, if he have them, <HI>Magna Char|ta chap.</HI> 3. The Lord &s;hall not have the cu&s;tody, before he hath taken homage, but the Law is contrary at this day, &s;ee, <HI>Title fealty, Br.</HI> 9.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Suit.</HEAD>
<P>OF making Suit truly, <HI>&amp;c.</HI> none that by Deed is infe|ofted <HI>&amp;c.</HI> doth not make Suit to Court, unle&s;&s;e it be &s;pecified in the Deed, unle&s;&s;e he and his Ance&s;tors have u&s;ed to make it, and if he be di&s;trained to make it in ano|ther manner, it is again&s;t the form of the Feoffment, and where the writing is, to hold by certaine &s;ervice, for all &s;ervices as to hold by Fealty for all &s;ervices, &s;hall make no &s;uit. <HI>Marlb. chap.</HI> 9.</P>
<P>And over, <NOTE PLACE="marg"><HI>Ra&s;tall, Suit.</HI> 1.</NOTE> If the Inheritance, hath more heires, let it be appointed, that he that hath the elde&s;t part, &s;hall only make &s;uit for him&s;elfe, and partakers, and let them contri|bute,
<PB N="291" REF="148">the &s;ame Law is of Joynt-Tenants, <HI>Marlb. chap.</HI> 9. <HI>Fitzh.</HI> 162. <HI>C.</HI></P>
<P>Where two Coparceners make partition, and one ali|ens her part to one, and the other he<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> part to another, the Lord may di&s;traine which he plea&s;eth, but if one make the &s;uit, that &s;hall di&s;charge the other, 24 <HI>Ed.</HI> 3. <HI>Tit. Br.</HI> 4.</P>
<P>By <HI>Tremaile</HI> it is &s;aid, that &s;uit reall is due by rea&s;on of the Body, that is for that, that the Body is re&s;ident within the precinct, and not by rea&s;on of Free-hold, and this is due at the Courts Royall, as at the Courts of the King or Queen, as at Leets and VVapontakes, which are the Courts of the King or Queen, and &s;uit &s;ervice is by rea|&s;on of Free-hold, that is, by rea&s;on of their Tenure, that is, for that they hold of their Lord by &s;uit to his Court, 45 <HI>Ed.</HI> 3. <HI>f.</HI> 23.</P>
<P>If a man have lands within the Precinct of divers Leets, and be re&s;ident within only one, he oweth Suit but to that, and if he be di&s;trained to come to another Leet, he &s;hall have a &s;peciall Writ that he &s;hall not di&s;traine him, and that is by, <HI>Marlebridge chap.</HI> 10. <HI>Fitzh. f.</HI> 160. <HI>B.</HI></P>
<P>If there be three or foure Coparceners and the elde&s;t makes the Suit, &s;hee &s;hall have a <HI>Contributione facienda,</HI> <NOTE PLACE="marg"><HI>Ra&s;tall, County</HI> 2.</NOTE> a|gain&s;t the others, to be Contributaries; the &s;ame Law is, where one Joynt-Tenant makes the Suit for all by a|greement, <HI>Fitzh. f.</HI> 162. <HI>C.</HI> and 1 <HI>H.</HI> 4. <HI>f.</HI> 3. <HI>A.</HI></P>
<P>If there be two Coparceners, for which one Suit ought to be made, and the elde&s;t Si&s;ter will not make the Suit, then the Lord may di&s;traine the other Coparcener, as well as the elde&s;t; and then &s;he &s;hall have a Writ again&s;t the elde&s;t Si&s;ter, to compell her to make the Suit, <HI>Fitzh. f</HI> 159. <HI>E.</HI></P>
<P><HI>Fitzh.</HI> 159. <HI>C.</HI> If lands di&s;cend to many Coparceners, of which one Suit ought to be made, if the Land be held of the King, then all the Coparceners ought to make the Suit, as well after partition&punc; as before, during the time that one is in the Kings Ward: The Signiory is &s;u&s;pended of another Lord, which cannot di&s;traine. And &s;o during the time, cannot di&s;traine for Suit to the Lords Court, 13 <HI>H.</HI> 7. <HI>f.</HI> 15. <HI>Fitzh. f.</HI> 158. <HI>C.</HI></P>
<P><HI>Fitzh.</HI> 158. Where the Tenant holds his Land to make Suit to the County-Court, or to the Hundred, or other Court-baron, wapontake, or Leet, and he that ought to make
<PB N="292" REF="149">the Suit is in ward to the King, or to his Committee, his Guardian &s;hall have a Writ, <HI>De exoneratione Secte,</HI> if he be di&s;trained, <HI>Fitzh.</HI> 157. <HI>a.</HI></P>
<P>And if he do, the King or the Committee &s;hall have a Writ of <HI>Exoneratione &s;ecte,</HI> to &s;urcea&s;e, <HI>Fatzh.</HI> 157. <HI>A.</HI> and 2 <HI>Ed.</HI> 6. <HI>chap.</HI> 8. Doth not alter in the common Law in this point for &s;uit to the Court, 4 <HI>Ed.</HI> 4. <HI>f.</HI> 23. and &s;ee 20 <HI>Book A&s;&s;.</HI> 17. that the Signiory is &s;u&s;pended for the time.</P>
<P>Where one in ward of the King, and oweth &s;uit to a|nother Lord, which di&s;traines him, the King or his Com|mittee may have a VVrit of <HI>Exoneratione &s;ecte,</HI> during the time that he is in ward, <HI>Fitzh.</HI> 158. <HI>a.</HI></P>
<P>If the King hath Lands by Forfeiture, or by E&s;cheat, and lets them for life or at will, and the Lord of whom they are held will di&s;traine for &s;uit to his Court, the Le&s;&s;ee &s;hall have a &s;peciall VVrit to &s;urcea&s;e, <HI>Fitzh. f.</HI> 159. <HI>A.</HI></P>
<P>If Lands held of the King di&s;cends to many Coparce|ners, then all the Coparceners ought to make the Suit, as well after partition as before, <HI>Fitzh. f.</HI> 159. <HI>C.</HI></P>
<P>If Tenant of the King alien parcell of the Land held of him, yet the King or his Officers may di&s;traine one of the Tenants for all the Rent, for though <HI>We&s;t.</HI> 3. <HI>chap.</HI> 3. be that the Feoffee &s;hall hold for that part, that the Statute &s;hall not binde the King, but another per&s;on cannot di|&s;traine, but for the rate, <HI>Fitzh. f.</HI> 335. <HI>a.</HI></P>
<P>But I &s;ay, if one holds two Acres by &s;uit of Court, and aliens one Acre, the Feo&s;tor and Feoffee &s;hall make both &s;uites, 43 <HI>Ed.</HI> 3. <HI>f.</HI> 4. <HI>b.</HI></P>
<P>If two are &s;everally infeoffed by one Tenant which holds of one Mannor, of the King, every of them &s;hall make &s;uit, 45 <HI>Ed.</HI> 3. <HI>Tit. Barr</HI> 211.</P>
<P>Suit by two is not &s;everable, for if the Lord purcha&s;e parcell, the whole &s;uit is extinct by <HI>Mowbray,</HI> 40 <HI>Ed.</HI> 3. <HI>fol.</HI> 40. fee <HI>Littleton. fol.</HI> 49. for &s;uit cannot be apportioned, for that, that there cannot be contribution, for the Lord can|not, <HI>&amp;c.</HI></P>
<P>VVhere one holds forty Acres by Fealty and Rent, and the Lord purcha&s;e twenty Acres of that, the Rentin A&s;&s;i&s;e &s;hall be apportioned, 4 <HI>Book of A&s;&s;.</HI> 5.3. <HI>Book of A&s;&s;.</HI> 18. <HI>Little|ton f.</HI> 49.</P>
<P>Time of <HI>Ed.</HI> 1. <HI>Tit. Avowrie</HI> 226. VVhere ten Acres are held by Fealty and Rent, and the&s;e ten Acres come into
<PB N="293" REF="149">&s;everall hands, the Lord may di&s;traine every one but for his portion, by <HI>We&s;t.</HI> 3. <HI>chap.</HI> 3. for that is, there &s;hall depart from the cheife Lord that part of the &s;ervice to be taken by the hands of the Feoffee, according to the quantity of the Land.</P>
<P>Rent &s;ervice &s;hall be according to the value of the land purcha&s;ed, and not according to the quantity, 18 E. 2. <HI>tit.</HI> <NOTE PLACE="marg"><HI>Ra&s;tall, Attorney</HI> 4.</NOTE> Avowrie 218.</P>
<P>Lord and Tenant, and is &s;ei&s;ed of two Courts, that is, one in <HI>D.</HI> and another in <HI>S.</HI> and the Tenant holds of the Mannor of <HI>D.</HI> by &s;uite to this Court, and by agreement of the Lord, the Tenant makes his &s;uit to the Mannor of <HI>S.</HI> a&s;|ter that the Tenant cannot have, again&s;t the form of the Feoffment and di&s;agree, but the Lord may di&s;agree and di&s;traine him to come to his Court of <HI>D.</HI> againe when he plea&s;eth, though it be that he hath come to <HI>S.</HI> by the agreement by forty yeares or more, <HI>Nat. Bre.</HI> 106. 3 <HI>Ed.</HI> 3. <HI>Tit.</HI> Action upon the ca&s;e 24.</P>
<P>Partition is between two Coparceners of a Mannor, that is, that one &s;hall have the Deme&s;nes, and the other the Services: Suit of Court is &s;u&s;pended, but if one dies with|out I&s;&s;ue, the &s;uit is revived, 12 <HI>H.</HI> 4. <HI>f.</HI> 25.</P>
<P>If land be held by &s;uit, and parcell of that comes to the Lord, the intire &s;uit is extinct and determined, for the Lord cannot make contribution of &s;uit to his own Court, nor take that, 34 <HI>A&s;&s;.</HI> 15. <NOTE PLACE="marg"><HI>Ra&s;tall, Attorney</HI> 1.</NOTE></P>
<P>Every Free-man, freely may make an Attorney, to fol|low his &s;uits for him to his Lords Court, <HI>Merton chap.</HI> 10. and <HI>Fitzh. f.</HI> 156. <HI>E.</HI></P>
<P><HI>Contra formam Feoffamenti</HI> lies, Where a man infeoffs a|nother before the Statute of <HI>(Qua emptores terrarum)</HI> to hold of him by Homage, Fealty, and Rent, by Deed, and after he will di&s;traine for &s;uit or other &s;ervices to be made by him, and none &s;hall have this Writ but the Feoffee, or his heires, <HI>Fitzh.</HI> 162. <HI>E. Nat. Bre. f.</HI> 106.</P>
<P>If the Lord confirm the E&s;tate of his Tenant to hold by certaine &s;ervice, the Tenant &s;hall have a <HI>(contra for|mam Feoffamenti)</HI> upon this confirmation, 10 <HI>H.</HI> 3. <HI>tit. avow|rie</HI> 243. <HI>&amp;</HI> 26 <HI>Ed.</HI> 3. <HI>tit.</HI> 246.</P>
<P>Note as it is afore&s;aid, that &s;uit of Court is not incident to a Tenure, but is due by <HI>Formam charte,</HI> or by pre&s;crip|tion, as before the &s;aid Statutes, Lords are to di&s;traine e|very
<PB N="294" REF="150">Tenant to make &s;uit to their Courts, and that &s;uit is called &s;uit &s;ervice.</P>
<P>If a man &s;ei&s;ed of two Acres held by one Hauke, makes a Feoffment of one, the Feoffor &s;hall hold by one Hauke, and the Feoffee by another, <HI>Littleton fol.</HI> &s;o &s;hall it be of &s;uit of Court, <HI>Brook Tenure</HI> 64.</P>
<P>Tenant in Dower &s;hall not make Suit if the Heire have &s;ufficient land to be di&s;trained, <HI>Naturae Brevium fol.</HI> 159. <HI>B.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tenant in Fee.</HEAD>
<DIV3 TYPE="section">
<HEAD>It behooveth, that the Steward &s;hall have knowledge of all manner of E&s;tates, becau&s;e of making &s;urrenders of Copy|holders, and al&s;o becau&s;e of their Suits, Wards, Releifs, and Services, for if the Steward do not know the E&s;tates of the Tenants, how can he do Ju&s;tice. And for that &s;om|thing ought to be &s;aid of E&s;tates, and fir&s;t of an E&s;tate in Fee.</HEAD>
<P>WHere lands are given to the Abbot of Battell, and his Covent, he hath Fee, for that, that they are a Corporation, and Corporation i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> intended to have continuance, 11 <HI>H.</HI> 4. <HI>fol.</HI> 84. <HI>Br.</HI> Inquire and &s;ee in the next ca&s;e.</P>
<P>Where land is given to Maior and Comonalty of <HI>London</HI> they have Fee, without more &s;aying, that is, without &s;aying to have to them and their Succe&s;&s;ors, 11 <HI>H.</HI> 7. <HI>f.</HI> 12. Not|with&s;tanding it &s;eems, that Spirituall Corporation may die in &s;ome ca&s;e.</P>
<P>If I have Common in the Land of an Abbot, and I re|lea&s;e to an Abbot, and not to him and his Succe&s;&s;ors, the Common is extinct, but not for the life of the Abbot, 26 <HI>H.</HI> 8. <HI>fol.</HI> 6.</P>
<P>Where land is given to two, to have and to hold to them and heires, and <HI>(Suis)</HI> is left out, they have but an E&s;tate for life, and not Fee, 19 <HI>H.</HI> 6. <HI>f.</HI> 73. &amp; 20 <HI>H.</HI> 6. <HI>f.</HI> 35. the &s;ame.</P>
<P>Devi&s;e to one for ever, be to him and his A&s;&s;ignes for e|ver, he hath Fee, 19 <HI>H.</HI> 6. <HI>f.</HI> 9</P>
<P><PB N="295" REF="150">Where a Devi&s;e is to one without more, that is, is not &s;aid what E&s;tate is for life only, 22. <HI>Ed.</HI> 3.</P>
<P>Where a Devi&s;e is to one and his Heires Males, he hath taile and not Fee, 27 <HI>H.</HI> 8. <HI>f.</HI> 32.</P>
<P>If land be given to one, to have and to hold to him and his Heires Males, he hath Fee, <HI>Littleton fol.</HI> 6. and 9 <HI>H.</HI> 6. <HI>fol.</HI> 25.</P>
<P>A man devi&s;es his land to one, to give and &s;ell, or to do with that at his will and prea&s;ure, he hath Fee without more, 19 H. 8. <HI>f.</HI> 9 and 7 <HI>Ed.</HI> 6. <HI>Tit. Devi&s;e</HI> 39.</P>
<P>If a man devi&s;e his land to <HI>J.S.</HI> paying to <HI>J.D.</HI> a 100 <HI>l. J.S.</HI> hath Fee, but if be devi&s;e to <HI>J.S.</HI> without more, he hath but for life, and in the fir&s;t ca&s;e, if he do not pay that in his life time, yet if his Heires or Executors pay it, that &s;ufficeth, therefore it &s;eemeth payment is not a condition there, 29 <HI>H.</HI> 8. <HI>Tit. Te&s;tament</HI> 18.</P>
<P>If lands are given to an Abbot or Prior, to have to him and to his heires, yet he hath not an E&s;tate but for life, for that, that his heires cannot inherit; otherwi&s;e it is, where land is given to a Bi&s;hop, or Par&s;on, and his Heires, for they have Fee, 94 <HI>H.</HI> 5. <HI>f.</HI> 9.</P>
<P>If lands be given to B. for life, the remainder to <HI>C.</HI> in taile, the remainder to the right heires of <HI>B.</HI> the Fee is ve|&s;ted in <HI>B.</HI> if <HI>C.</HI> dye without I&s;&s;ue in the life of <HI>B.</HI> as well as if the remainder were given to him and to his right heirs, and the right Heire of <HI>B.</HI> &s;hall be in by di&s;cent, if <HI>C.</HI> dye without I&s;&s;ue, and not as a Purcha&s;or, 18 <HI>Ed.</HI> 2. <HI>Tit.</HI> 109.</P>
<P>If Tenant in Fee bargaine and &s;ell his land by Deed Indent, and inroll within &s;ix Moneths to another, though it be not to have to him and his heires, he hath in Fee, 27 H. 8. <HI>f.</HI> 6. and <HI>fol.</HI> 10.32 H. 8. <HI>Tit. con&s;cience the twenty fifth</HI> the &s;ame.</P>
<P>If lands be given to <HI>J.S.</HI> to have to him in Fee &s;imple, yet he hath no Fee but for life, 20 <HI>H.</HI> 6. <HI>fol.</HI> 36.</P>
<P>But if land be given to one to have to him and his heires &s;o long as &s;uch a Tree growes, hath Fee determina|ble, 27 H. 6.29. <HI>B</HI></P>
<P>If a man lets land to <HI>J.S.</HI> to have and to hold to him and his heires for tearme of the life of <HI>J.D.</HI> he hath Fee deter|minable, for if <HI>J.S.</HI> dye, living he for who&s;e life, the heire of the Le&s;&s;ee may enter, and not a &s;tranger as Ocupans,
<PB N="296" REF="151"><HI>Lit. fol.</HI> 136. 8 H. 4. <HI>fol.</HI> 14. You &s;hall &s;ee the &s;ame, 21 H. 8. <HI>Tit. E&s;tates</HI> 50. and inquire.</P>
<P>If a man devi&s;es lands to <HI>J.S.</HI> paying ten pounds to his Executors and dies, <HI>J.S.</HI> hath Fee by rea&s;on of the pay|ment, without words heires. The &s;ame Law is, if one &s;ell his land to <HI>J.S.</HI> without words heires, he hath Fee, 4 <HI>Ed.</HI> 6. <HI>tit. e&s;tates</HI> 78.</P>
<P>Lea&s;e was made for eleven yeares, and for &s;ecurity of that, made a Writing, that if he were di&s;turbed he &s;hould have Fee, and Livery was made, and hath Fee upon di|&s;turbance, 10 <HI>B. of A&s;&s;.</HI> 15. 10 <HI>Ed.</HI> 3. <HI>Tit. A&s;&s;.</HI> 161. the &s;ame.</P>
<P>Lea&s;e is made to one for twenty yeares, and the Wri|ting expre&s;&s;eth over, that after the twenty yeares, that the Le&s;&s;ee and his heires &s;hall hold it for ever, paying ten pounds, and Livery is made, he hath Fee forthwith; for if the Le&s;&s;or takes a VVife within the twenty years and dies, &s;hee &s;hall recover Dower by award of the Court, 31 <HI>Ed.</HI> 3. <HI>tit. Feoffment</HI> 119.</P>
<P>If a man lets for nine yeares upon condition, that if the Le&s;&s;ee be di&s;turbed within the tearme, that the Le&s;&s;ee &s;hall have Fee; if the Farmor alien before di&s;turbance, this is di&s;&s;ei&s;in to the Le&s;&s;or, for the &s;ee is not in the le&s;|&s;ee before the condition broken, 43 Book of A&s;&s;. 41.</P>
<P>If Lands be granted to one for five yeares, upon con|dition that if he &s;hall pay to the Grantor within the fir&s;t two yeares forty Marks, that then he &s;hall have fee, or otherwi&s;e but for five yeares, and Livery and Sei&s;in is made, he hath fee forthwith upon condition, <HI>Littleton</HI> 81. See 14 H. 8. <HI>fol.</HI> 25. Diver&s;ity where the condition is pre|cedent and where &s;ub&s;equent.</P>
<P>The Lord <HI>Lovell</HI> let to <HI>W.</HI> for life, and if the Le&s;&s;or dyed without I&s;&s;ue of his body, <HI>W.</HI> &s;hould have Fee, the Fee is not forthwith in <HI>W. Plowden, fol.</HI> 481.</P>
<P>Land is given to the Husband and his Wife in &s;peciall taile, the remainder in Fee to the Husband, which devi|&s;eth the Fee to his Wife, and dyes without I&s;&s;ue, the Wife is &s;ei&s;ed in Fee, 27 <HI>Book of A&s;s.</HI> 60. <HI>Lit. fol.</HI> 31. <HI>B.</HI></P>
<P>If a Woman be &s;ei&s;ed in Fee, and devi&s;eth that to her Husband and his heires, and dyes, he hath no Fee, <HI>Natura brevium, fol.</HI> 88. 3 <HI>Ed.</HI> 3. Journey to <HI>Northampton,</HI> 33 <HI>A&s;s.</HI> 3. the &s;ame, 18 E. 4. <HI>fol.</HI> 11. <HI>B.</HI></P>
<P>18 <HI>H.</HI> 8. <HI>tit Patentees</HI> 104. The King gives Land to <HI>J.
<PB N="297" REF="151">S.</HI> and to his heires males, adjudged that the Grant is void, for that that the King is deceived in his Grant, for this &s;ounds in Fee &s;imple, whereas it is &s;ayd, the King in|tended but an E&s;tate taile, which is not &s;o expre&s;&s;ed: And therefore now he is but Tenant at will; and contra|ry in the ca&s;e of a common per&s;on: For <HI>Littleton, fol.</HI> 6. &s;aith, Lands are given to another, to have and to hold to him and his heires Males, or to his heires Females, or to whom the gift is made, hath Fee in a common per&s;ons ca&s;e, for that there is no limitation in the gift, of what body.</P>
<P>6 H. 7. <HI>fol.</HI> 13. If Office be granted to one for life, and after the King grants that to another, and doth not re|cite the fir&s;t Grant, the King is deceived, and it &s;eemes that the &s;econd Grant is voyd.</P>
<P>1 <HI>H.</HI> 7. <HI>fol.</HI> 13. Where the King of meer motion, for|gave <HI>A B</HI> of all his Debts, and was Sheriff, and after in the Exchequer he pleads that as Sheriff, and held for that that it is of his owne motion, and is generall, yet he may plead that, and it is a good Barr: Otherwi&s;e it is, where it is by &s;ugge&s;tion, for where it is of meer motion, it is in|tended the King is not deceived; but it &s;eems if the King pardon one all his Debts, he as an Executor &s;hall not take advantage of that: The &s;ame Law is, if two be indebted, and the King pardon one, the other &s;hall not take advan|rage of that, for it was the onely debt of him.</P>
<P>9 H. 7. <HI>fol.</HI> 2. Where a Grant of the Kings is of his meer motion, and the King recites, that where he hath granted by his Patent, he ratifies and confirmes, and over (We give and grant) this (give and grant) is not, but voyd, for the King is E&s;topped to &s;ay the contrary, but that he granted and ratified that; but if it were, as We are informed, he is not E&s;topped, and the King there is deceived: And where it is of his meer motion, recyted that he holds for life, he is E&s;topped to &s;ay contrary, but if it were, as We are informed, he is not E&s;topped, and the King is deceived, and he holds not for life.</P>
<P>3 H. 8. <HI>fol.</HI> 7. held, VVhere a Grant of the King is not onely of his meere motion, but al&s;o of &s;ugge&s;tion, there if any part of the &s;ugge&s;tion be not true, the whole Grant is voyd.</P>
<P>8 H. 7. <HI>fol.</HI> 1. VVhere the King upon information of
<PB N="298" REF="152">the party, Grants a Mannor which he hath by forfeiture, and hath not that by forfeiture, it is voyd; for he is de|ceived: So it is &s;ayd where the King grants rever&s;ion, where there is no rever&s;ion, he is deceived, and voyd.</P>
<P>27 H. 8. <HI>tit. Patents</HI> 100. It is &s;ayd for Law, that a fal&s;e con&s;ideration in letters Patents &s;hall not avoyd them; as where the King for ten pounds to him payd, gave &s;uch Land, and the ten pounds is not payd, the Patent is not void, and &s;hall not be repealed: Contrary of Patent granted upon fal&s;e &s;urmi&s;e, as to fal&s;ifie that the Land came to the King by the attainder of <HI>J. S.</HI> which is not true, or &s;uch like.</P>
<P>26 <HI>H.</HI> 8. <HI>fol.</HI> 1. If the King grants Lands to <HI>J. S.</HI> and recites for good &s;ervice he hath done, he grants, and it is not true, yet the Grant is good, though the con&s;ideration is fal&s;e.</P>
<P>27 <HI>H.</HI> 8. <HI>fol.</HI> 33. by 6 <HI>H.</HI> 8. <HI>fol.</HI> 15. <HI>Will,</HI> That the &s;e|cond Patent of an Office &s;hall be voyd, where another Patent is made before, during the will of the King: If mention and recytall be not made in the &s;econd Patent, of the fir&s;t Patent made at the will of the King; if the Officer hath Fee it is voyd; otherwi&s;e it is if hee have no Fee, as it &s;eemes, 3 H. 7. <HI>fol.</HI> the la&s;t. 6 H. 7. <HI>fol.</HI> 13. the &s;ame.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where the remainder in Fee depends upon determination of E&s;tate, and where upon Condition, and where upon Con|tingent.</HEAD>
<P>HUsband and his VVife &s;ei&s;ed in right of his VVife in taile, the Husband enfeoffs other two, &s;o long as <HI>J. S.</HI> and &s;even other per&s;ons live together, and if it hap|pen any of them to dye, that then the remainder to the Husband and his VVife, and to the heires of the VVife, and <HI>J.S.</HI> dyes, and the Husband and the VVife enter, as they may, for the remainder depends upon determination of E&s;tate, and not upon condition, for death is certaine, and for that the E&s;tate is determined, 18 H. 8. <HI>fol.</HI> 3.</P>
<P>18 <HI>Ed.</HI> 3. <HI>fol.</HI> 2. A Fine was levyed to the Husband and his VVife, and to their heies Males, of their two bo|dies begotten; &s;o that if the Husband dyed without heire Male, that that &s;hould remaine to the right heires of the
<PB N="299" REF="152">Husband, and is received, for that doth not depend upon condition, but upon a limitation upon contingent of death which is certaine.</P>
<P>27 <HI>H.</HI> 8. <HI>fol.</HI> 28. A Fine upon grant and render, by which the Coni&s;ee grants and renders to the Coni&s;or, the Lands in taile, upon condition that the Coni&s;or and his heires, &s;hall carry the Standard of the Coni&s;ee in Bat|tell, and if the Coni&s;or or his heires faile, that then that &s;hall remaine to a &s;tranger; this depends upon a condi|tion, and by <HI>Fitzherbert,</HI> Fine cannot be taken upon a condition, but if it be taken it is good: And by <HI>Fitzher|bert,</HI> the Fee is in the &s;tranger forthwith, before the Te|nant for life dyes, otherwi&s;e it takes no effect, for this word (that then it &s;hall remaine) referrs to the po&s;&s;e&s;&s;ion of the Lands; that is, that then the po&s;&s;e&s;&s;ion of the Land after the death of the Tenant for life &s;hould remaine; but if one let for life upon condition, that if he dye, <HI>&amp;c.</HI> the remainder to a &s;tranger, that is in him pre&s;ently.</P>
<P><HI>Plowdens Commentaries, fol.</HI> 487. <HI>Nichols</HI> Ca&s;e; If a Lea&s;e be made upon condition, that if the Le&s;&s;ee pay cer|taine Moneys within the tearme, that he &s;hall have it in Fee, he hath no fee forthwith, but upon the payment; but it &s;eemes, this varies from the remainder.</P>
<P>If a man makes a Lea&s;e for life upon condition, that if the Le&s;&s;or dye without I&s;&s;ue, that then the Le&s;&s;ee &s;hall have fee, the Le&s;&s;ee enters into Religion, and after the Le&s;&s;or dyes without I&s;&s;ue, and after the Le&s;&s;ee is drawne out of Religion, he &s;hall not have fee; in &s;o much that at the time of the condition the fee could norve&s;t in him.</P>
<P>21 <HI>H.</HI> 7. <HI>fol.</HI> 11. Gift is in taile upon condition, that if he alien in Fee, that his E&s;tate &s;hall cea&s;e, and that this &s;hall remaine to a &s;tranger, it is not good; for an E|&s;tate of Inheritance cannot cea&s;e, al&s;o it cannot remaine without particular E&s;tate, and it cannot be upon a con|dition repugnant.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where your Tenant hath the fee in him in expectancy, and not executed in him, and where it is executed in him.</HEAD>
<P>A Lea&s;e to the Father for life, the remainder to the elde&s;t Son in taile, the remainder to the right heires of the Father, the Father dyes, and the elde&s;t Son dyes
<PB N="300" REF="153">without I&s;&s;ue, the younge&s;t Son &s;hall pray releife, and the Fee was but in expectancy, 40 <HI>Ed.</HI> 3. <HI>fol.</HI> 9.</P>
<P>A gift to three Brothers for life, the remainder to the middlemo&s;t in taile, the remainder to the right heires of the elder in Fee; the middlemo&s;t and the younge&s;t dye without I&s;&s;ue, the Fee is executed in the elde&s;t, 40 <HI>Ed.</HI> 3. <HI>fol.</HI> 20.</P>
<P>Tenant for life, the remainder to <HI>J. S.</HI> in taile, the remainder to the right heires of the Tenant for life, the Tenant for life is impleaded, and hath ayde of him in remainder, for that that the Fee is in expectancy, 41 <HI>Ed.</HI> 3. <HI>fol.</HI> 16.</P>
<P>Lea&s;e for life, the remainder in taile, the remainder to the Tenant for life in Fee, yet if he make wa&s;te, hee &s;hall be puni&s;hed in wa&s;te, for that he hath the Fee in ex|pectancy, but not executed, <HI>Fitzh. fol.</HI> 60. <HI>B.</HI></P>
<P>Gift in taile, the remainder to his right heires in Fee, this remainder is not executed, yet it is in him to grant, <HI>Perkins, fol.</HI> 19. 12 <HI>Edw.</HI> 3. the &s;ame, and 7 <HI>H.</HI> 5. <HI>fol.</HI> 2. the &s;ame.</P>
<P>Where one hath an E&s;tate in taile, <NOTE PLACE="marg"><HI>Ra&s;tall, Trea&s;on</HI> 12, 19.</NOTE> the remainder to his right heires, and is attaint of Felony, he &s;hall forfeit the Fee, but the I&s;&s;ue hath the E&s;tate taile, 12 H. 4. <HI>fol.</HI> 3. But by the Statute of 5 <HI>Ed.</HI> 6. <HI>chap.</HI> 12. and 26 H. 8. <HI>chap.</HI> 13. One attaint of high Trea&s;on again&s;t the Queen, the I&s;&s;ue &s;hall not have the Land intailed, 7 H. 8. <HI>fol.</HI> 48. <HI>Fitzh. fol.</HI> 30. <HI>B.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tenant in taile.</HEAD>
<DIV3 TYPE="section">
<HEAD>Land is given to <HI>R.</HI> and <HI>Katharine</HI> and to their Heires, and to the other heires of the &s;aid <HI>R.</HI> If the &s;aid heires of the &s;aid <HI>R.</HI> and <HI>K.</HI> I&s;&s;uing dye without heire of them, it is an E&s;tate taile, <HI>5 H. 5. fol. 6. Perk. fol. 35. a.</HI></HEAD>
<P>LAnd was given to one and to his Heires, if he have I&s;|&s;ue of his Body begotten, and if not, that the Land &s;hould return, it is an E&s;tate taile, 35 <HI>Book of A&s;&s;.</HI> 14.</P>
<P>Land is given to one to hold to him and his heires, if he have an heire of his own fle&s;h, and if not, it &s;hould return, it is an E&s;tate taile, 37 <HI>A&s;&s;.</HI> 15.</P>
<P><PB N="301" REF="153">Land is given to one, to have to him and the heires of his Body, and to one heire of the &s;aid heire only, it is and e&s;tate taile for two Di&s;cents at lea&s;t, <HI>Plowdens Commen|fol.</HI> 39. <HI>Book of A&s;&s;i&s;es</HI> 20.</P>
<P>Gift to the Brother and to his Si&s;ter, and to the heires of their two Bodies begotten, is an E&s;tate taile, that is &s;e|verall tailes, 18 <HI>Ed.</HI> 3. <HI>f.</HI> 39. and 17 <HI>Ed.</HI> 3. <HI>f.</HI> 51.</P>
<P>Land is given to a married man, and to a woman mar|ried to another man, and to the heires of their Bodies be|gotten, they have an E&s;tate taile pre&s;ently, 15 <HI>H.</HI> 7. <HI>fol.</HI> 10.</P>
<P>If Lands be given to one, to have and to hold to him, and his Heires. And if it happen that he dy without heire of his Body, then it &s;hall remaine, <HI>&amp;c.</HI> It is an E&s;tate taile, 5 <HI>H.</HI> 5. <HI>f.</HI> 6. and 19 <HI>H.</HI> 6. <HI>f.</HI> 75. the &s;ame.</P>
<P>Land is given to the Husband, and to his Heires of the Body of <HI>Margaret</HI> his Wife begotten, though that <HI>Marga|ret</HI> were dead at the time of the gift, it is an E&s;tate taile, 12 <HI>H.</HI> 4. <HI>f.</HI> 2. <HI>Lit. f.</HI> 6.</P>
<P>Lands was given to the Husband and his Wife, and to their heires &s;aving the rever&s;ion, it is an E&s;tate taile, 9 <HI>Ed.</HI> 3 <HI>Statham.</HI></P>
<P>Lands were given to <HI>Maude,</HI> late the Wife of <HI>John Mandevill</HI> and to the heires of the &s;aid <HI>John</HI> which he be|got of the body of the &s;aid Wife, the Wife hath an E&s;tate for life, the I&s;&s;ue an E&s;tate taile, 2 <HI>E.</HI> 3.7. <HI>&amp;</HI> 17 E. 2. <HI>Tit. Fitzh.</HI> 23. <HI>Taile</HI> 7. <HI>&amp;</HI> 23.</P>
<P>Where lands were given to one and his Heires, of his body begotten, before the Statute of <HI>We&s;tm.</HI> 2. he had fee conditionall, and after I&s;&s;ue had, had power to alien, and now by the Statute they have taile, <HI>Lit. f.</HI> 3.12 <HI>Ed.</HI> 4. <HI>f.</HI> 3.19. <HI>Ed.</HI> 2. <HI>Tit.</HI> 61. and 18 <HI>Book of A&s;&s;.</HI> 5. the &s;ame.</P>
<P>A man gives to the Husband and his Wife for their lives, and the longe&s;t liver of them, the remainder to the Heires of their Body, this is a good intaile executed im|mediately, 35 <HI>H.</HI> 8. <HI>Brook. E&s;tates</HI> 75.</P>
<P>Lands are given in frank-marriage, to have to them and to their heires, it is &s;aid that they have Fee, but if it were given to them in taile to have to them and their Heires, they have taile and Fee expectant, 45 <HI>Ed.</HI> 3. <HI>fol.</HI> 20. and 32 <HI>Ed.</HI> 1. there <HI>Fitzh.</HI> Taile 25. it is adjudged taile.</P>
<P>If Lands be given to a man and his Wife in frank-marriage,
<PB N="302" REF="154">to have to him and to his heires, they have taile, for the frank-marrying &s;hall not be defeated by the&s;e Words afterwards, 31 <HI>Ed</HI> 1 <HI>Tit</HI> 25.</P>
<P>Lands are given in Frank-marriage, the remainder over to a &s;tranger, and for that it cannot be an acquittall, it &s;hall be called &s;peciall intaile, 31 <HI>Ed</HI> 3 <HI>Tit gard</HI> 116 and 17 <HI>Ed</HI> 3 <HI>Taile</HI> 2.</P>
<P>Gift to one in taile, the remainder to his right heires, he hath taile and Fee expectant, 7 <HI>H</HI> 5 <HI>fol</HI> 2.</P>
<P>Lea&s;e is made for life, the remainder to another in taile, the remainder to E. Daughter of the Earl of <HI>Arundell,</HI> in taile, &s;aving the Rever&s;ion, and all dye, and E. is heire to the Donor, and hath taile as Purcha&s;or, but &s;hee hath fee expectant, and &s;he &s;hall have aid; but not age if &s;he be within age, for that, that the Fee is but in expectancy, 40 <HI>Ed</HI> 3 <HI>f</HI> 13.</P>
<P>24 <HI>H.</HI> 8. <HI>Tit.</HI> 33. Tenant in taile hath I&s;&s;ue and aliens with warranty and levies A&s;&s;ets and dies, the I&s;&s;ue cannot recover by <HI>Formedon,</HI> for the Warranty and A&s;&s;ets is a Barr, and if the I&s;&s;ue alien the A&s;&s;ets, his I&s;&s;ue &s;hall not have <HI>Formedon,</HI> but his I&s;&s;ue &s;hall have a <HI>Formedon,</HI> for no A&s;&s;ets di&s;cends to him.</P>
<P>35 H. 8. <HI>tit.</HI> 39. Land is given in taile to the King, and after the King by his Patent lets for yeares, or for life, and hath I&s;&s;ue and dyes, the Patent is voyd, for it is no di&s;|continuance, <HI>Tit. Di&s;cent.</HI> 35. for a Grant without livery doth not make di&s;continuance.</P>
<P>32 H. 8. If Tenant in taile lets for yeares, and dyes without I&s;&s;ue, the Lea&s;e is voyd, and hee in remainder may enter.</P>
<P>5 <HI>Ed.</HI> 4. <HI>fol.</HI> 2. Tenant in taile &s;hall not have a <HI>(Quo Jure)</HI> nor <HI>(Ne inju&s;te vexes)</HI> for they are VVrits of Right.</P>
<P>14 <HI>Ed.</HI> 4. <HI>fol.</HI> 6. If one recover in a Writ of Right a|gain&s;t Tenant in taile, of a Rent, he hath Fee till he be defeated.</P>
<P>The &s;ame Law if tenant in tail be di&s;&s;ei&s;ed, the di&s;&s;ei&s;or hath fee till he be defeated, and &s;o hath the di&s;continuee.</P>
<P>39 <HI>Ed:</HI> 3 <HI>tit:</HI> 18: Tenant in tail of a Lord&s;hip, by default of entry within a year after the alienation, of the land in Mortmain, may prejudice him in remainder in tail, and by con&s;equence his i&s;&s;ue.</P>
<P><PB N="303" REF="154"><HI>Fitzherbert</HI> 224: Tenant in tail &s;hall have a <HI>(Quod per|mittat) Fitzherbert</HI> 136: &s;hall have a VVrit of Me&s;ne, <HI>Fitz|herbert</HI> 151 <HI>O:</HI> &s;hall have a VVrit of cu&s;tomes and &s;ervices in the <HI>Debet</HI> and <HI>Solet, Fitzherbert</HI> 134 <HI>C,</HI> &s;hall not have a VVrit of <HI>(Rationabilibus divi&s;is)</HI> which is a VVrit of Right.</P>
<P><HI>Fitzh.</HI> 10. <HI>D.</HI> The i&s;&s;ue in tail &s;hall not be e&s;topped, by Sei&s;in of more rent in the time of his father, and for that he &s;hall not have a <HI>(Ne inju&s;te vexes)</HI> but may avoid that in Avowrie.</P>
<P><HI>Fitzh. fol.</HI> 9. If Tenant in tail hath I&s;&s;ue two Daughters, and one enters in all, the other &s;hall have a <HI>Formedon,</HI> and not <HI>(Nuper obiit)</HI> nor <HI>(Rationabili parte.)</HI></P>
<P><HI>Fitzh.</HI> 39. If Tenant in fee of an advow&s;on be di&s;turbed, he &s;hall have a Writ of Right of advow&s;on: But Tenant in tail of advow&s;on if he be di&s;turbed, &s;hall have a <HI>Quare Im|pedit,</HI> and not a Right of advow&s;on,</P>
<P><HI>Fitzh.</HI> 105. <HI>S.</HI> If Tenant in tail be barred in a <HI>Formedon</HI> by fal&s;e verdict, and after relea&s;es and dies, his heir &s;hall have Attaint.</P>
<P><HI>Fitzh.</HI> 158. <HI>L.</HI> The I&s;&s;ue in tail &s;hall have Detinue again&s;t the Di&s;continuee for the deed, by which the land was gi|ven in tail.</P>
<P><HI>Fitzh.</HI> 155. If Tenant in tail lo&s;e by default, and dies without I&s;&s;ue, he &s;hall not have <HI>(quod ei deforceat)</HI> but a <HI>formedon.</HI></P>
<P>7 H. 4. <HI>fol.</HI> 48. Tenant in tail before the Statute had fee conditional, and now by the Statute hath tail, and for that &s;hall not forfeit for Trea&s;on nor for Felonie, but that the I&s;&s;ue &s;hall inherit; but by the Statute now he &s;hall forfeit for Trea&s;on, <HI>Nat. bre: fol.</HI> 102. If tenant in tail be attaint for Felonie, his I&s;&s;ue &s;hall inherit.</P>
<P>12 H. 4. <HI>f.</HI> 3. If tenant in tail forfeit his land, his I&s;&s;ue &s;hall inherit, and yet his wife &s;hall not be endowed, by <HI>Hank.</HI></P>
<P><HI>Litt. fol.</HI> 11. If a man be &s;ei&s;ed of land, and commits fel|lonie, and after aliens, and after is attaint, his wife &s;hall have a Writ of Dower again&s;t the Feoffee, by <HI>Navi&s;or:</HI> But if it be e&s;cheated to the King or Lord, &s;he &s;hall have no Writ of Dower, &s;ee 8 <HI>Ed.</HI> 3. contrary in the like ca&s;e <HI>Nat. Brevium fol.</HI> 101. If tenant in tail commit felony, for which he is attaint, the King &s;hall have e&s;cheat for his life.</P>
<P>5 &amp; 6 <HI>Ed.</HI> 6. <HI>cap.</HI> 11. VVhere the Husband commits high trea&s;on, the VVife &s;hall not be received to demand her Dower.</P>
<P><PB N="304" REF="155"><HI>Perkins fol.</HI> 61. If tenant in general tail takes a VVife, and hath I&s;&s;ue by the &s;ame VVife, and the Husband is at|taint of felonie and dies, his VVife &s;hall not be endowed, and yet by the Statute of <HI>We&s;tm.</HI> 2. <HI>cap.</HI> 1. the I&s;&s;ue &s;hall in|herit.</P>
<P><HI>Stamf. fol.</HI> 194. By the Common-Law the offender in felonie or trea&s;on &s;hall forfeit the title that his VVife &s;hall have by the marriage to be endowed of the land. But by the Statute of 1 <HI>Ed.</HI> 6. <HI>cap.</HI> 12. though any per&s;on be attaint, convict, or outlawed of any mi&s;pri&s;ion of trea&s;on, murther, or felonie, yet their VVives &s;hall be endowed. But by 5 <HI>&amp;</HI> 6 <HI>Ed.</HI> 8. <HI>cap.</HI> 11. it is otherwi&s;e of trea&s;on, as afore is &s;aid, &s;ee 5. <HI>Eliz. cap.</HI> 1. <HI>&amp; cap.</HI> 11. 18 <HI>Eliz. cap.</HI> 1. for certain trea|&s;ons.</P>
<P>19 <HI>Ed.</HI> 2. <HI>tit.</HI> 61. <HI>Fitzh.</HI> Before the Statute of <HI>We&s;t:</HI> 1. after I&s;&s;ue had, tenant in tail hath power to alien, but not before I&s;&s;ue had.</P>
<P>4 <HI>Ed.</HI> 3. <HI>tit.</HI> 22. <HI>Fitzh.</HI> Land given in &s;pecial tail, to have to them in fee, and if they die without I&s;&s;ue of their body, that the land &s;hall revert, <HI>&amp;c.</HI> this is adjudged a &s;pecial in|tail.</P>
<P>24 <HI>Ed.</HI> 3. <HI>tit.</HI> 4. <HI>Fitzh.</HI> If lands be given to two Husbands and their VVives, and to the heirs of their bodies begotten, it is held clearly that this is a &s;everal intail, that their I&s;&s;ues &s;hall have &s;everal actions.</P>
<P><HI>Littleton fol.</HI> 52. If lands be given to two men, and to their heirs of their two bodies begotten, the Donees have joynt e&s;tate for their two lives, and yet have &s;everal inheritances, that the I&s;&s;ue of one &s;hall have one half, and the I&s;&s;ue of the other the other half, 8 book of <HI>A&s;si&s;e</HI> 33 the &s;ame.</P>
<P>30 book of <HI>A&s;si&s;e</HI> 9: by <HI>Shard,</HI> If the Ance&s;tor at one time was &s;ei&s;ed of an e&s;tate tail, and after purcha&s;eth in fee, and after charges the land and dies, and his i&s;&s;ue enters, he &s;hall hold it di&s;charged.</P>
<P>18 <HI>Ed:</HI> 2 <HI>tit:</HI> 856. Lands given to one, and the heirs of his body to be begotten, is a good intail, and the i&s;&s;ue before as after &s;hall inherit.</P>
<P>4 <HI>Ed:</HI> 2 <HI>tit:</HI> 22: Lands given to the Husband and his VVife, and to the heirs of their bodies, to have to them and their heirs, and if they die without heirs of their body, that the land &s;hall revert, and adjudged a &s;pecial intail.</P>
<P>2 <HI>Ed.</HI> 4. <HI>fol.</HI> 6. Land is given in tail to be held of the
<PB N="305" REF="155">cheif Lords, it is a void <HI>(Tenendum)</HI> and &s;hall hold of the Giver, 3 book of <HI>A&s;si&s;e</HI> 8. 4 H. 6. <HI>fol.</HI> 19.</P>
<P>27 <HI>H.</HI> 8. <HI>f.</HI> 31. If Tenant of the King makes a gift in tail without licen&s;e, the King may choo&s;e the giver or the to whom it is given for his Tenant; but if he take the ward of one, he &s;hall not have the other.</P>
<P>5 <HI>H.</HI> 4. <HI>f.</HI> 3. Where lands was given to <HI>Eme,</HI> to have to the &s;aid <HI>Eme,</HI> and the heirs of the body of <HI>Iohn,</HI> late her Husband, the remainder to the right heirs of <HI>Eme,</HI> and for that the heirs of <HI>John</HI> were not named before the <HI>haben|dum,</HI> he hath nothing, but <HI>Eme</HI> hath an intail, <HI>&amp;c.</HI></P>
<P>12. <HI>H.</HI> 4. <HI>f.</HI> 2. Where lands was given to <HI>J.M.</HI> and to the heirs of the body of <HI>Eliz.</HI> late his Wife begotten, and though <HI>Eliz.</HI> was dead at the time of the gift, yet this is a good intail that <HI>W.</HI> the i&s;&s;ue of <HI>J.M.</HI> of the body of <HI>Eliz.</HI> &s;hall inherit.</P>
<P><HI>Littleton</HI> 6. If a man have i&s;&s;ue a Son and dies, and land is given to the Son, and to the heirs of the body of his Fa|ther begotten, this is a good intail, and yet the Father was dead at the time of the Gift.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>What Acts by Tenant in tail, &s;hall bind his i&s;&s;ue and others, and what not.</HEAD>
<P>TEnant in tail, the rever&s;ion to the King, <NOTE PLACE="marg"><HI>Ra&s;tall, Recove|ries.</HI> 4.</NOTE> makes a feoff|ment and dies, his i&s;&s;ue enters, and is Tenant in tail, for he cannot di&s;continue: And 34. <HI>H.</HI> 8. <HI>chap.</HI> 20. If he &s;uf|fer common Recovery, or Voucher, where the rever&s;ion is in the King, this &s;hall not bind the i&s;&s;ue, 40. <HI>A&s;&s;.</HI> 36.</P>
<P>Fine levied by tenant in tail in po&s;&s;e&s;&s;ion, rever&s;ion, <NOTE PLACE="marg"><HI>Ra&s;tall, Proclam.</HI> 3.</NOTE> remainder, or in u&s;e, of full age, with Proclamation ac|cording to the Statute of 4. <HI>H.</HI> 7. <HI>chap.</HI> 12. immediately af|ter the Fine levied and Ingro&s;&s;ed, and Proclamations made, &s;hall be a Barr again&s;t the Tenant in tail, and al&s;o again&s;t his heirs claiming the tail. But if Tenant in tail, the rever&s;ion in the King, levie &s;uch a fine, <NOTE PLACE="marg"><HI>Ra&s;tall, Fines</HI> 9.</NOTE> this is in &s;uch force and effect, as it was before the making of this Statute, and not otherwi&s;e, 32 <HI>H.</HI> 8. <HI>chap.</HI> 36. See 30 <HI>H.</HI> 8. <HI>tit. Barr the</HI> 97. <HI>A&s;&s;urance</HI> 6.</P>
<P>Tenant in tail is bound in a recogni&s;ance, and execu|tion is &s;ued by <HI>Elegit,</HI> and this land intailed, is delivered in execution, and the Tenant in tail dies, after that his i&s;&s;ue
<PB N="306" REF="156">may enter, notwith&s;tanding this Act, without &s;uing <HI>Audi|ta querela,</HI> 38 <HI>book of A&s;si&s;se</HI> 5.</P>
<P>Tenant in tail grants a rent charge and dies, the i&s;&s;ue enters and enfeoffes <HI>I. S.</HI> and takes back an e&s;tate, the charge is determined, for by the entry of the i&s;&s;ue, the rent was extinct, notwith&s;tanding execution upon the Statute was executed again&s;t the Feoffee of the Tenant in tail, and not again&s;t his i&s;&s;ue, 14 <HI>Book of A&s;&s;i&s;es</HI> 4. Inquire and &s;ee the ca&s;e of <HI>Trapps, Plow. Com. f.</HI> 436.</P>
<P>5 <HI>H.</HI> 7. <HI>f.</HI> 12. Rent charge is granted by Tenant in tail, and after he dies, this is determined.</P>
<P>If i&s;&s;ue 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 i&s;&s;ue may enter, otherwi&s;e it is if the Charter were granted after the death of the father, for then if he enter, the King &s;hall &s;ei&s;e for his life, but his i&s;&s;ue may enter, 29 <HI>Book of A&s;&s;i&s;es</HI> 60.</P>
<P>If Tenant in tail be bound in a Statute Merchant, and hath i&s;&s;ue and dies, and execution is &s;ued again&s;t the i&s;&s;ue, this is di&s;&s;ei&s;in to him, 17 <HI>book of A&s;&s;i&s;e</HI> 21.</P>
<P>If Tenant in tail grant a Rent charge and dies, the Rent is determined, and &s;hall not bind the i&s;&s;ue, 5 <HI>H.</HI> 7. <HI>f.</HI> 14. <HI>B.</HI></P>
<P>38 <HI>Ed.</HI> 3. <HI>tit.</HI> 13. Tenant in tail chargeth the land, en|ters into a Statute or Recognizance and dies, it &s;hall be void again&s;t the i&s;&s;ue.</P>
<P>If one recover again&s;t the Tenant in tail, and the Te|nant in tail dies before he which recovers enters, or hath execution, the i&s;&s;ue in tail may enter, and is not bound by that, 7 <HI>H.</HI> 4. <HI>f.</HI> 17. <HI>B. Littleton f.</HI> 155.</P>
<P>Tenant in tail of a rever&s;ion, acknowledgeth that by fine to one with warranty, and dies, yet this &s;hall not bind his i&s;&s;ue, for it is no di&s;continuance by the Common-Law, 9 <HI>Ed.</HI> 4. <HI>f.</HI> 19. But by 32 <HI>H.</HI> 8. <HI>chap.</HI> 36. this fine with Pro|clamation is now a barr after the year.</P>
<P>Tenant in taile of Rent, grants that to one with war|ranty, and dies, this &s;hall not binde the I&s;&s;ue, for it is no di&s;continuance, but at plea&s;ure, that is, if he bring a <HI>For|medon,</HI> and then warranty with A&s;&s;ets is a Barr, 15 <HI>Ed.</HI> 4. <HI>fol.</HI> 6. 21 H. 7. <HI>fol.</HI> 10. and 13 H. 7. <HI>fol.</HI> 10. the &s;ame.</P>
<P>If the Tenant in taile exchange, or devi&s;e his land in taile and dies, this &s;hall not binde the I&s;&s;ue, but that he
<PB N="307" REF="156">may enter, for it is no di&s;continuance, 9 <HI>Ed.</HI> 4. <HI>fol.</HI> 22.</P>
<P>Tenant in taile grants a Rent charge, for relea&s;e of right in the Land, this &s;hall binde his I&s;&s;ue after his death, 44 <HI>Ed.</HI> 3. <HI>f.</HI> 22. 8 <HI>H.</HI> 6.23.</P>
<P>If Tenant in taile be attaint of Felony and dies, that &s;hall not bind the I&s;&s;ue, but that he may enter by the com|mon Law, 12 <HI>H.</HI> 4. <HI>f.</HI> 3. <HI>Nat. Bre. f.</HI> 102. the &s;ame.</P>
<P>Tenant in taile of full age, lets for 21. yeares according to the Statute of, 32 <HI>H.</HI> 8. <HI>chap.</HI> 28. re&s;erving the ancient Rent or more and dies, this is a good Lea&s;e, and &s;hall binde the I&s;&s;ue.</P>
<P>If Tenant in taile let for 22. yeares and dies, this &s;hall not binde his I&s;&s;ue, but he may enter and our the Le&s;&s;ee, but yet he may have covenant again&s;t the Excutors of Te|nant in ta<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">le, though it were not warranted in the Inden|ture, 48 <HI>Ed.</HI> 3. <HI>fol.</HI> 2. 18 <HI>Ed.</HI> 3. <HI>Tit.</HI> 13. the &s;ame</P>
<P>If the father Tenant in taile of land &s;uffers recovery, and execution and dies, or cau&s;e collaterall warranty to he made, one or other &s;hall binde the I&s;&s;ue untill, <HI>&amp;c.</HI> for it is di&s;continuance, 3 <HI>H.</HI> 7. <HI>f.</HI> 13.</P>
<P>The I&s;&s;ue in taile in <HI>Formedon</HI> may fal&s;ifie a recovery, by default had again&s;t his Father, and al&s;o where it is by fained action, as there was a relea&s;e made to his Father not pleaded, and &s;o recovery joynt, <HI>Littleton fol.</HI> 155</P>
<P>The I&s;&s;ue in taile is not bound by a recovery again&s;t his Father but that he may &s;ay that his Father di&s;continu|ed, and took another intaile, and &s;o was &s;ei&s;ed of another intaile, then he demanded time of the recovery, 12 <HI>Ed.</HI> 4. <HI>fol.</HI> 15. and 13 <HI>Ed.</HI> 4. <HI>f.</HI> 1. the &s;ame.</P>
<P>The I&s;&s;ue in taile is not bound by recovery again&s;t his Father, if his Father were not Tenant, but one <HI>J.S.</HI> 14 <HI>Ed.</HI> 4. <HI>fol.</HI> 2. and fee <HI>Plowd. Com. fol.</HI> 1. the ca&s;e of <HI>Man|&s;ell.</HI></P>
<P>If Tenant in tail infeoffs one again&s;t whom a <HI>(Precipe quod reddat)</HI> is brought, or (an entry in the Po&s;t) and he vou|cheth the Tenant in taile which made the Feoffment, and he over the common Vouchee, this double Voucher is the mo&s;t &s;ure conveyance to Barr the I&s;&s;ue, by rea&s;on of the recompence in value, and this is the common conveyance at this Day, where there is an E&s;tate taile, and this barrs the I&s;&s;ue in taile forthwith, and al&s;o is a Barr to him, which hath over that in remainder in taile, by rea&s;on of the re|compence,
<PB N="308" REF="157">which the fir&s;t Tenant in taile hath by his Vou|cher, 13 <HI>Ed.</HI> 4. <HI>f.</HI> 1. and 27 <HI>H.</HI> 8. <HI>Tit. Recovery in value</HI> 28.</P>
<P>Recovery upon Voucher again&s;t Tenant in taile is a Barr, by rea&s;on of the recompence in value, and recovery by Writ of Entry, in the Po&s;t, by &s;ingle Voucher, doth but give the E&s;tate which the Tenant in taile hath in po&s;|&s;e&s;&s;ion, at the time of the recovery, &s;o that if he were in of another E&s;tate then in taile, there the taile is not bound again&s;t the Heire, 23 <HI>H.</HI> 8. <HI>Tit.</HI> 32.</P>
<P>Note that a Fine levied by Tenant in taile, where the remainder is to another in taile with Proclamations, if he dye without I&s;&s;ue, he in remainder hath five yeares to make his claime, and for that recovery is better for it is a Barr forthwith, 30 <HI>H.</HI> 8. <HI>Tit. Recovery in value</HI> 30.</P>
<P>Of Lands in taile, the I&s;&s;ue in taile &s;hall be bound, and charged of the&s;e Lands to the payment of Debt which his Ance&s;tor ought by obligation made to the King, as I take it, 33 H. 8. <HI>chap.</HI> 39. <HI>inquire.</HI></P>
<P>Land that a woman holds in Dower of her Husbands, &s;hall be charged where the Husband was indebted to the King, if the Heires or Executors have not &s;ufficient, but where the title of Dower was before the Debt to the King, otherwi&s;e it is, <HI>Fitzh. fol.</HI> 150. <HI>Q.</HI></P>
<P>It &s;eems that the Heire in taile, &s;hall be charged for Debt due in the Exchequer to the King, by his Father, if the Executors have not &s;ufficient, <HI>Fitzh. fol.</HI> 117. <HI>C.</HI></P>
<P>Notwith&s;tanding, if Tenant in taile Debtor of the King in the Exchequer, dy, his I&s;&s;ue &s;hall not be charged, as it is held in <HI>Plowd. Comment. fol.</HI> 249. See there, 440. For Debt of the King again&s;t the Heire in Fee, 32 <HI>H.</HI> 8. <HI>Tit. Di&s;cont.</HI> 32. Recovery again&s;t the Tenant in taile, the Re|ver&s;ion or remainder in the King in Fee, &s;hall binde the Tenant in taile, and the I&s;&s;ue in taile, but &s;hall not binde the King, but now by the Statute of, 35 <HI>H.</HI> 8. <HI>chap.</HI> 20. It &s;hall not binde the I&s;&s;ue in taile but that he may enter, &s;ee <HI>M.</HI> 33. H. 8. <HI>Tit.</HI> 31. Recovery in value. Seek if the Statute of, 34. <HI>&amp;</HI> 35. <HI>H.</HI> 8. Provides for any I&s;&s;ues in taile, but on|ly the I&s;&s;ues of the Donees of the King, for the Preamble &s;peakes only of tho&s;e, but the Statute is, whereof the re|ver&s;ion or remainder, is in the King, and for that it &s;eems every I&s;&s;ue in taile, where the Rever&s;ion or remainder is in the King may enter, but a Fine with Proclamation,
<PB N="309" REF="157">by &s;uch Tenant in taile, the Rever&s;ion or remainder in the King, &s;eemes is not remedied by this Statute, but by, 32 <HI>Hen.</HI> 8. <HI>chap.</HI> 36. Where Rever&s;ion is in the King, is no di&s;continuance, for though the Heire in taile &s;hall be barred by Fine with Proclamation, after Procla|mation made, yet there is an exception in the Ststute, of tho&s;e whereof Rever&s;ion or remainder is in the King, &s;o that it &s;hall not binde &s;uch I&s;&s;ue in taile, title a&s;&s;urance, 6. &s;ee, 4 <HI>H.</HI> 7. <HI>chap.</HI> 24.</P>
<P>37 <HI>H<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">.</HI> Where Tenant in taile is attaint of Trea&s;on before the Statute of 26 <HI>H.</HI> 8. His Son &s;hall have the land, for he doth not claime only as Heire but by the Statute, and by the form of the gift, &s;ee the Statute of 5 and 6. <HI>Ed.</HI> 6. <HI>chap.</HI> 11. That for high Trea&s;on Tenant in taile &s;hall forfeit his Lands, <HI>Com. f.</HI> 237.</P>
<P>27 <HI>H.</HI> 8. <HI>f.</HI> 6. If Tenant in taile &s;ell Trees and dies, and after he that hath bought them cuts them, tre&s;pa&s;&s;e lies, but if they be cut in his life time, it &s;eems the Buyer may take them.</P>
<P>18 <HI>Ed.</HI> 3. <HI>Tit. Di&s;&s;ei&s;in</HI> 92 Where Tenant in taile is bound in a Statute and dies, and his I&s;&s;ue enters, and the Coni&s;ee outs him by execution, which is an act of Law, he is a Di&s;|&s;ei&s;or.</P>
<P><HI>Plowd. Com. f.</HI> 235. before the Statute of <HI>We&s;tm.</HI> 2. he had but an E&s;tate of Inheritance and that was Fee, but this was in two manners ab&s;olute and conditionall, and <HI>Formedon</HI> in Reverter was at the common Law, and <HI>Formedon</HI> in Re|mainder by the Statute.</P>
<P>1 <HI>H.</HI> 4. <HI>f.</HI> 6. If Tenant in taile by E&s;toppel, or livery &s;uing, holds of the King and dies, his I&s;&s;ue &s;hall not be E&s;top|ped.</P>
<P>43 <HI>Ed.</HI> 3. <HI>f.</HI> 14. Pre&s;entment to an Advow&s;on in the life of the Tenant in taile, puts him during his life out of po&s;|&s;e&s;&s;ion, but not his I&s;&s;ue.</P>
<P>38 <HI>A&s;s.</HI> 5. Tenant in taile is bound in Recogni&s;ance, and Execution is &s;ued by <HI>Elegit</HI> and this Land delivered in ex|ecution, and after the Tenant in taile dies, his I&s;&s;ue may enter without &s;uing, <HI>Audila querela.</HI></P>
<P>17 <HI>A&s;&s;.</HI> 21. If Tenant in taile be bound in a Statute, and hath I&s;&s;ue and dies, and after execution is &s;ued again&s;t the I&s;&s;ue, this is di&s;&s;ei&s;in to him and he &s;hall have A&s;&s;i&s;e though he comes in by proce&s;&s;e by Law.</P>
<P><PB N="310" REF="158">14 <HI>A&s;s.</HI> 3. It &s;eems if Tenant in taile be bound in a Statute and dies, and after his I&s;&s;ue infeoffs <HI>J.S.</HI> that the Coni&s;ee may have Execution again&s;t the Feoffee.</P>
<P>35 <HI>H.</HI> 8. <HI>fol.</HI> 38. If the King gives in taile by his Letters Patents, and after the Donee &s;urrenders the Letters Pa|tents to the King, the taile by this is not extinct.</P>
<P>38 <HI>H.</HI> 8. <HI>Tit.</HI> 39. Land is given in taile to the King, he is Tenant in taile and cannot have greater E&s;tate then the giver will depart to him, and if the King let for yeares or for life, or make a Feoffment in fee, and hath I&s;&s;ue <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nd dies, the I&s;&s;ue may enter, for this is no di&s;continuance.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tenant in Frank-marriage.</HEAD>
<P>GIft was to the Husband and his Wife in Frank-marri|age, and this may be as well after the marriage as be|fore, 4 <HI>Ed.</HI> 3. <HI>Title Taile</HI> 6. <HI>Perkins fol.</HI> 48. <HI>C.</HI></P>
<P>If a gift be made with a woman in Franke-marriage, which is not Cozen to the giver, this is but for life. Old Tenures.</P>
<P>Gift in frank-marriage with the Son of the giver, his Cozen is no frank-marriage. Time of H. 8. <HI>Tit.</HI> 10. but <HI>Fitz f.</HI> 172. <HI>H.</HI> and 7 E. 4. <HI>f.</HI> 12. <HI>A.</HI> by <HI>Moile</HI> in the Prior of <HI>Spaldings</HI> ca&s;e, &s;eems contrary.</P>
<P>Gift in frank-marriage, (within the yeares of Marriage) with a Daughter, and they were divorced at full age, at the Suit of the Husband, yet the Daughter &s;hall have all, for &s;he was the cau&s;e of the gift, 19 <HI>Book of A&s;&s;i&s;e</HI> 2. 19 <HI>Ed.</HI> 3. <HI>Title A&s;&s;i&s;e</HI> 83.</P>
<P>If a gift be to the Husband and his VVife in taile, and they are divorced, it &s;eemes that they have not now but a freehold, and though that they have I&s;&s;ue before the Divorce, that &s;hall not inherite: But if a gift in tayle be made to two men, or to one man and his Mother, or Daughter, and to the heires of their bodies, their &s;everall heires of their bodies &s;hall inherite, for that that they cannot marry, 7 <HI>H.</HI> 4. <HI>fol.</HI> 16. and 17 <HI>Ed.</HI> 3. <HI>fol.</HI> 51. and Title tayle the 15. This is where the Divorce defeats the marriage from the beginning.</P>
<P>Gift in Frank-marriage, rendring twenty &s;hillings rent, this re&s;ervation is void, 4 <HI>H.</HI> 6. <HI>fol.</HI> 22. by <HI>Martin:</HI> But
<PB N="311" REF="158">the old Tenure is contrary, <HI>tit. Frank-marriage,</HI> and 17 <HI>Ed.</HI> 3. <HI>fol.</HI> 66. al&s;o contrary.</P>
<P>If a gift be in Frank-marriage with his Cozen, ren|dring Rent, this is Intaile, and not Frank-marriage, and if a gift be with a Woman in Frank-marriage which is no Cozen to the giver, this is but for life: See before, the 45 <HI>Ed.</HI> 3. <HI>fol.</HI> 20.</P>
<P>If a man give in Frank-marriage, rendring Rent, the re&s;ervation is voyd, till the fourth degree be pa&s;t, 26 <HI>Book of A&s;s.</HI> 66.</P>
<P>Land was given to a man and his Wife in Frank-mar|riage, to have and to hold to the Husband and his heires, and adjudged they have taile, and not Fee, for the frank-marriage &s;hall not be defeated by words afterwards, 32 <HI>Ed.</HI> 1. <HI>tit. Taile</HI> 25.</P>
<P>Rever&s;ion was given with his Daughter to one in Frank-marriage, and is good, 26 <HI>Ed.</HI> 3. <HI>tit.</HI> 27. <HI>Taile.</HI></P>
<P>Gift is made with <HI>Agnes</HI> his Daughter to <HI>A.</HI> in Frank-marriage, and after <HI>A.</HI> marries <HI>Agnes</HI> and dyes, and hee gives another Acre with <HI>Agnes</HI> to <HI>B.</HI> her &s;econd Husband in Frank-marriage, and both are Frank-marriage, 31 <HI>Ed.</HI> 1. <HI>tit. Taile</HI> 30.</P>
<P>Gift in Frank-marriage, the remainder to <HI>J. D.</HI> in fee, is not good, for there cannot be an acquittall, where re|mainder is given over: Time of <HI>H.</HI> 8. <HI>tit.</HI> 11.</P>
<P>19 <HI>Ed.</HI> 3. <HI>tit.</HI> 1. If Lands be given in Frank-marriage (to have) for their lives, the (To have) &s;hall not a|bridge, but inlarge the E&s;tate, and for that is is Frank-marriage.</P>
<P>2 <HI>E.</HI> 3. <HI>tit.</HI> 94. One gives Land to <HI>A.</HI> with <HI>Alice</HI> his Daughter in Frank-marriage, to have and to hold to the afore&s;ayd <HI>A.</HI> and his heires, and it &s;eemes Frank-mar|riage.</P>
<P>13 <HI>Ed.</HI> 1. <HI>tit. Formedon</HI> 63. <HI>I.</HI> gave <HI>R.</HI> and <HI>Alice</HI> his Daughter, Lands in Frank-marriage, to have to the a|fore&s;aid <HI>R.</HI> and <HI>Alice</HI> and their heires, or to whom he will a&s;&s;igne it, and the &s;ayd <HI>R.</HI> did beget no heire of the &s;ayd <HI>Alice,</HI> nor the &s;ayd <HI>R.</HI> and <HI>A.</HI> did not a&s;&s;igne it to any in their life time, and it &s;eemes that after the death of <HI>R.</HI> and <HI>A.</HI> without I&s;&s;ue, the Land ought to revert to <HI>J.</HI> See 45 <HI>Ed.</HI> 1. <HI>fol.</HI> 20.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="312" REF="159">
<HEAD>Tenant after po&s;&s;ibility of I&s;&s;ue extinct</HEAD>
<P>TEnant after po&s;&s;ibility of I&s;&s;ue extinct, &s;hall not have ayd of him in rever&s;ion, but he in remainder &s;hall be received upon his default, 2 <HI>H.</HI> 4. <HI>fol.</HI> 17. 7 H. 4. <HI>f.</HI> 10 &amp; 11 <HI>H.</HI> 4. <HI>fol.</HI> 14. the &s;ame.</P>
<P>Time of <HI>Ed.</HI> 1. <HI>Fitzh. wa&s;t</HI> 125. &s;hall not be puni&s;hed in wa&s;t. Nor &s;hall be compelled to attorn in a <HI>(Quid juris clamat)</HI> 46 <HI>Ed.</HI> 3.25. 39 <HI>Ed.</HI> 3. the &s;ame, and 12 <HI>Ed.</HI> 4. <HI>fol.</HI> 3. the &s;ame.</P>
<P>If he alien, he in rever&s;ion may enter for forfeiture, 45 <HI>Ed.</HI> 3.25. 11. <HI>H.</HI> 4. <HI>f.</HI> 14. the &s;ame, 10 <HI>H.</HI> 6. <HI>f.</HI> 1 and 39 <HI>Ed.</HI> 3. <HI>f.</HI> 20.</P>
<P>Tenant after po&s;&s;ibility of I&s;&s;ue extinct &s;hall not have wa&s;t, 2 <HI>H.</HI> 4. <HI>f.</HI> 21. wa&s;t doth not lie again&s;t Tenant after po&s;&s;ibility of I&s;&s;ue extinct, 45 <HI>Ed.</HI> 3. <HI>f.</HI> 25.</P>
<P>He &s;hall not have aid, but if he alien, he in rever&s;ion may enter for forfeiture, 10 <HI>H.</HI> 6. <HI>f.</HI> 1. 39 <HI>Ed.</HI> 3. <HI>f.</HI> 20. <HI>Lit. f.</HI> 7. and 11 <HI>H.</HI> 4. <HI>f.</HI> 14. the &s;ame.</P>
<P>39 <HI>Ed.</HI> 3. <HI>tit.</HI> 17. <HI>Taile,</HI> Tenant after po&s;&s;ibility of I&s;&s;ue ex|tinct which is impleaded, &s;hall not have aid of him in re|ver&s;ion, but if he alien in Fee, he in rever&s;ion may enter, and &s;hall not be compellable to attorn, nor wa&s;t lies again&s;t him, but if he makes default after default, he in revere&s;ion may be received.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tenant by the Curte&s;ie.</HEAD>
<P>IF a married woman be Tenant after po&s;&s;ibility of I&s;&s;ue extinct, and the Fee di&s;cends from her Ance&s;tor, and &s;he dies, it is held that the Husband &s;hall be Tenant by the curte&s;ie, 9 <HI>Ed.</HI> 4. <HI>f.</HI> 19. and 14 <HI>Ed.</HI> 3. <HI>f.</HI> 7.</P>
<P>Husband di&s;continues Lands of his Wife, and takes an E&s;tate again to them in fee, and hath I&s;&s;ue, and the Wife dies, then the Husband &s;hall not be Tenant by the curte&s;ie, 9 H. 7. <HI>f.</HI> 1.</P>
<P>If a man have I&s;&s;ue by his Wife Inheritrix, though &s;he had I&s;&s;ue a Daughter before &s;he inherited, yet he &s;hall be Tenant by the curte&s;ie, 21 H. 3. <HI>Title Dower</HI> 198.</P>
<P><PB N="313" REF="159">If a woman Signiore&s;&s;e take her Tenant to Husband, and hath I&s;&s;ue, and dies, the Husband &s;hall not be Tenant by the curte&s;ie of Services, 1 <HI>Ed.</HI> 3. <HI>Tit. Dower</HI> 70.</P>
<P>A man &s;hall not be Tenant by the curte&s;ie, unle&s;&s;e his VVife have po&s;&s;e&s;&s;ion in Deed of it, but of an Advow&s;on and Rent, where &s;he dyed before day of payment, he &s;hall be Tenant by the curte&s;ie, 21. <HI>Ed.</HI> 3. <HI>fol.</HI> 49. the &s;ame.</P>
<P>If the I&s;&s;ue be born living, notwith&s;tanding that he dies before he be heard cry, the Husband &s;hall be Tenant by the curte&s;ie, for the I&s;&s;ue &s;hall not be taken, if the Infant were heard cry after he was born, but if he were born alive or not, <HI>Perkins f.</HI> 89.</P>
<P>A man &s;ei&s;ed of Land in fee, is attaint of felony, his Wife &s;hall loo&s;e Dower, but if the VVife &s;ei&s;ed in fee be attaint of felony, and hath I&s;&s;ue by her Husband, and &s;he is hanged, yet the Husband &s;hal be Tenanr by the curtefie, 21 <HI>Ed.</HI> 3. <HI>f.</HI> 49.</P>
<P>A man takes a VVife &s;ei&s;ed in fee, and hath I&s;&s;ue, he commits felony for which he is attaint, the King pardons him, it &s;eems he &s;hall not be Tenant by the curte&s;ie, by rea|&s;on of the I&s;&s;ue which he had before his attainder, but if he had I&s;&s;ue after his pardon, it is otherwi&s;e, 13 <HI>H.</HI> 7. <HI>fol.</HI> 17.</P>
<P>If a man takes a VVife &s;ei&s;ed in fee, and &s;he is attaint of Felony and hanged, the King &s;hall have the Land forth|with, if the Husband were not intitled to be Tenant by the curte&s;ie, 11 <HI>H.</HI> 4. <HI>f.</HI> 19. <HI>b.</HI></P>
<P>Daughter and Heire endows her Mother, and after takes a Husband, and hath I&s;&s;ue and dies, the Mother after dies, the Husband &s;hall not be Tenant but by the curte&s;ie of that, 8 <HI>Book of Affi&s;es</HI> 6.</P>
<P>3 <HI>H.</HI> 7. <HI>f.</HI> 5. If Rent di&s;cends to a Daughter which takes a Husband, and &s;he dyes before the day of payment, the Husband &s;hall be Tenant hy the curte&s;ie.</P>
<P><HI>Fitzh. f.</HI> 149. <HI>D.</HI> A man &s;hall not be Tenant by the curte|&s;ie of Land of the VVife, unle&s;&s;e the VVife have po&s;&s;e&s;&s;ion in Deed of that Land, if it be not in a &s;pecial ca&s;e, as of Ad|vow&s;on or Rent, where &s;he dies before the day of pay|ment of the Rent.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="314" REF="160">
<HEAD>Tenant in dower.</HEAD>
<P>THE Wife after the death of her Husband &s;hall remain in the cheife Hou&s;e by forty daies after the death of her Husband, within which daies her Dower &s;hall be a&s;|&s;igned unto her, unle&s;&s;e before it were a&s;&s;igned, and there &s;hall be al&s;o a&s;&s;igned unto her, the third part of all the Land of her Husband which was his in his life time, <HI>Magna Charta chap.</HI> 7.</P>
<P>Of Widowes which cannot have their Dowers without Suit, that is, that who&s;oever &s;hall deforce them of their Dowries of the Tenements of which their Husbands died &s;ei&s;ed, and afterwards the &s;ame Widowes by Suit recover them, they &s;hall give unto the &s;aid Widowes all their dammages according to the value of the whole Dowrie, due unto them from the time of the death of their Hus|bands, <HI>Merton chap.</HI> 1.</P>
<P>If a Woman of her own accord leave her Husband and departeth, and liveth with an Adulterer, &s;he &s;hall for ever loo&s;e her action of recovering her Dower which was due unto her of her Husbands Tenements, and be of that con|victed, unle&s;&s;e her Husband of his own accord, and with|out coher&s;ion of the Church &s;hall receive her, and &s;uffer her to dwell with him, <HI>We&s;t.</HI> 2. <HI>chap.</HI> 34.</P>
<P>If the Hnsband be attaint, convict, or out-Lawed of Fe|lony, yet his Wife &s;hall be indowed, but if the Husband be attaint of Trea&s;on, his Wife &s;hall not be indowed, by 1 <HI>Ed.</HI> 6. <HI>chap:</HI> 12: 5 <HI>Ed.</HI> 6. <HI>chap.</HI> 11.</P>
<DIV3 TYPE="section">
<HEAD>Where a woman &s;hall beindowed, and where not</HEAD>
<P>WHere the Husband Tenant of the King dies, and his Wife is committed to the King, during that time &s;he &s;hall not have Dower, if &s;he be not &s;urpri&s;ed of Dower, 2 <HI>H.</HI> 4. <HI>f.</HI> 7. &amp; 6 <HI>H.</HI> 4. <HI>f.</HI> 7.</P>
<P>It &s;eems if a woman takes a lea&s;e by Indenture for years, that during this lea&s;e &s;he is not Dowable; but if &s;he take the Le&s;&s;or to Husband, and after he dies, &s;he is Dowable notwith&s;tanding the lea&s;e, 6 <HI>H.</HI> 4. <HI>fol.</HI> 7. <HI>Fitzh.</HI> 149. <HI>E.</HI> the &s;ame.</P>
<P><PB N="315" REF="160">Dower &s;hall not be, where the Husband dies having the rever&s;ion of a Free-hold, that is of a rever&s;ion of an E|&s;tate for life, as a man lets for life, and afterwards takes a Wife and dies, 2 <HI>H.</HI> 4. <HI>f.</HI> 27. 1 <HI>Ed.</HI> 6. <HI>tit. Dower</HI> 89. 7 <HI>H.</HI> 6. <HI>f.</HI> 9. by <HI>June.</HI></P>
<P><HI>Fitzh.</HI> 149. <HI>C.</HI> A woman may be endowed of a mine of Coals, but &s;he cannot make new mines, for that &s;hall be &s;aid wa&s;t.</P>
<P>Where the E&s;tate is made to the Husband for life, the remainder to another for life, the remainder to the Hus|band in fee, the Husband dies, his Wife &s;hall not have Dower, unle&s;s that the Husband &s;urvive him in remainder for life, 46 <HI>Ed.</HI> 3. <HI>f.</HI> 16. <HI>B.</HI> by <HI>Finchden.</HI></P>
<P>If a lea&s;e be made of lands for years to <HI>A.</HI> the remainder to <HI>B.</HI> for life, the remainder to the right heirs of <HI>B.</HI> and af|ter <HI>B.</HI> takes a wife and dies, during the term of years, his Wife &s;hall recover Dower: But execution &s;hall cea&s;e, du|ring the term of years, <HI>Perkins fol.</HI> 67. <HI>A.</HI> 1 <HI>Ed.</HI> 6. <HI>tit.</HI> 89.</P>
<P>VVhere a woman is endowed of land which her Hus|band took in Exchange, &s;he &s;hall not be endowed of the land given in Exchange, 31 <HI>Ed.</HI> 2. <HI>tit. Dower</HI> 204. &amp; 17 <HI>Ed.</HI> 2. <HI>tit. Dower</HI> 162. the &s;ame.</P>
<P>VVhere the Husband holds joyntly with one, and no partition made, his wife &s;hall not be endowed, 8 <HI>Ed.</HI> 2. <HI>tit.</HI> 167. <HI>Littleton f.</HI> 9. the &s;ame.</P>
<P>VVhere the Husband enters in Religion, the heir &s;hall inherit, and yet his wife &s;hall not be endowed; for the wife may have him again out of Religion, 32 <HI>Ed.</HI> 1. <HI>tit.</HI> 136. <HI>Perkins f.</HI> 91. <HI>D.</HI> the &s;ame.</P>
<P>If the Husband be Tenant in common with two others in Fee, and dies, now his wife &s;hall be endowed, but not by metes and bounds, <HI>Eitzberbert fol.</HI> 149. <HI>I: Littleton fol.</HI> 9. the &s;ame.</P>
<P>If a villain takes a wife, and purcha&s;eth land, and after the Lord enters, and then the villain dies, the wife &s;hall be endowed, 19 <HI>Ed.</HI> 2. <HI>f.</HI> 71.</P>
<P>A woman of eight years three quarters, at the death of her husband &s;hall have no Dower, <HI>Littl.</HI> 8. 12 <HI>Ed.</HI> 2. <HI>tit.</HI> 159. the &s;ame.</P>
<P>A woman of the age of ten years at the death of her Husband &s;hall be endowed, 12 <HI>R.</HI> 2. <HI>tit.</HI> 54. &amp; 8 <HI>R.</HI> 2. <HI>tit.</HI> 122. the &s;ame.</P>
<P><PB N="316" REF="161">VVhere the Husband hath an Office eo keep a Park, to him and to his heirs, his wife &s;hall be endowed of that, <HI>Pl. Com. f.</HI> 379.</P>
<P>If the Lord enter for Mortmayn, yet the wife of the Tenant &s;hall have Dower, <HI>Perk. f.</HI> 76. <HI>A.</HI> The &s;ame Law, if the Lord recover again&s;t the Husband in <HI>Ce&s;&s;avit.</HI> the Wife of the Tenant &s;hall be endowed, 34 <HI>book of A&s;&s;i&s;e</HI> 15. where the Husband dies without heir, and the land e&s;|cheats, the wife &s;hall be endowed.</P>
<P>Tenant by the Curte&s;ie &s;urrenders to the Husband in rever&s;ion, upon condition, and enters for the condition, the wife of him in rever&s;ion &s;hall not be endowed, 14. <HI>Ed:</HI> 4. <HI>f.</HI> 6.</P>
<P>VVhere a man enfeoffs one upon condition, to re-enfe|off the feoffer again, it behoveth that be made to a man un|married, or to a Chaplain that hath no wife; for if it be to a man which hath a wife, &s;he &s;hall be endowed, 38. <HI>H.</HI> 8. <HI>tit. A&s;&s;urance</HI> 3.28 <HI>Book of A&s;&s;.</HI> 4. the &s;ame.</P>
<P>Lands is mortgaged to the Husband, and after the con|dition broken, the Husband by agreement takes his mo|ney and dies, his wife &s;hall be endowed, 42 <HI>Ed.</HI> 3. <HI>fol.</HI> 1.</P>
<P>A woman hath title of Dower, and enters upon the heir, and enfeoffs him by Deed, &s;he hath given him her title of Dower included, and is not now Dowable of that land, 11 <HI>H.</HI> 7. <HI>f.</HI> 20.</P>
<P>The husband Tenant in general tail, makes a feoffment, and takes back a &s;pecial tail, and his fir&s;t wife dies, and he takes another wife and he dies, and his i&s;&s;ue enters, this &s;econd wife &s;hall not be endowed, for the heir was remit|ted, 41 <HI>Ed.</HI> 3. <HI>f.</HI> 30. &amp; 46 <HI>Ed.</HI> 3. <HI>f.</HI> 24. the &s;ame.</P>
<P>VVhere land is given to the husband, and his wife in &s;pecial tail, the remainder to another in tail, the remain|der to the right heirs of the husband, and the wife dies, and the husband takes another wife, and dies living him in remainder, the &s;econd wife &s;hall not be endowed of that land, 46 <HI>Ed.</HI> 3. <HI>f.</HI> 16.</P>
<P>Land is given to the husband and <HI>K.</HI> his wife in &s;peci|al tail, the remainder to the husband in general tail, and <HI>K.</HI> dies without i&s;&s;ue, and the husband takes another wife and dies, this &s;econd wife &s;hall be endowed, 50 <HI>Ed.</HI> 3. <HI>fol.</HI> 4.</P>
<P>Where the husband and his wife have &s;pecial tail, the
<PB N="317" REF="161">&s;econd wi&s;e &s;hall not be thereof endowed, 22 <HI>Ed.</HI> 3. <HI>fol.</HI> 9. <HI>B. Littleton</HI> 11. the &s;ame.</P>
<P>Where land is given to the husband and his heirs which he begets of the body of <HI>Margaret</HI> his wife, which was dead at the time, and he takes <HI>Eliz.</HI> and dies, this &s;econd wife &s;hall not be endowed, 12 <HI>H.</HI> 4. <HI>f.</HI> 2.</P>
<P>If a woman go away with an Adulterer, into &s;ome land of her husbands, and be not reconciled, yet &s;he &s;hall not lo&s;e Dower: otherwi&s;e it is if &s;he were out of the lands of her husband, 8 <HI>R.</HI> 2. <HI>tit.</HI> 253.</P>
<P>If a woman go away and dwell with an Adulterer, &s;he &s;hall not have Dower: But if &s;he were carried away, a|gain&s;t her will, and was carried 20 miles, and returns, and her husband dies, &s;he &s;hall have Dower, 43. <HI>Ed.</HI> 3. <HI>fol.</HI> 19.</P>
<P>47. <HI>Ed.</HI> 3. <HI>fol.</HI> 13. VVhere a recovery is by default, or a reddition again&s;t the husband without title, the wife &s;hall have Dower.</P>
<P>46 <HI>Ed.</HI> 3. <HI>fol.</HI> 23. VVhere a recovery is again&s;t the husband, the wife is barred of Dower: But if the reco|very were by default, it is remedied by the Statute, and where by render, is aided by the Common-Law, and o|ther recovery is not remedied.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Again&s;t whom Dower may be brought, and what A&s;&s;ignement is good, and what not.</HEAD>
<P>WHere a Guardian in Socage endowes a Wife, it &s;eemes it is di&s;&s;ei&s;in, for a Writ of Dower doth not lye again&s;t a Guardian in Socage, but again&s;t a Guar|dian by Knights &s;ervice it lyeth, 29 <HI>Book of A&s;s.</HI> 68.</P>
<P>A&s;&s;ignement of Dower by the Di&s;&s;ei&s;or is good, if it be not by Covin of the wife: The &s;ame Law is by Abator, or Intruder, <HI>Perk. fol.</HI> 76.</P>
<P>A&s;&s;ignement of Dower by the Tenant of the Free|hold, is good, and ought to be by him 12 <HI>Ed.</HI> 3. <HI>tit.</HI> 86. <HI>Perkins</HI> 78. the &s;ame.</P>
<P>Guardian in Socage cannot a&s;&s;igne Dower, but Guar|dian by Knight &s;ervice may, 3 <HI>Ed.</HI> 3. <HI>tit.</HI> 108. <HI>Perkins, fol.</HI> 78 <HI>G.</HI></P>
<P>It appeares that Guardian by Knights &s;ervice may a&s;|&s;igne Dower, <HI>Fitzh. fol.</HI> 148 <HI>A.</HI></P>
<P><PB N="318" REF="162">Where the Husband was &s;ei&s;ed of diver&s;e Tenements and Manners, and the Sheriff a&s;&s;ignes the VVife, which recovers one Mannor, and a whole Advow&s;on, it is good, for it is an infinite work to a&s;&s;igne part of every Acre, 12 E. 4. <HI>fol.</HI> 2.</P>
<P>If the Husband hath three Mannors, and during the marriage charges them with a Rent and dyes, if the wife take the third part of every Mannor, &s;he &s;hall hold it di&s;|charged, but if &s;he take one Manner onely, &s;he &s;hall hold two parts charged, 17 <HI>Ed.</HI> 2 <HI>tit.</HI> 164.</P>
<P>It &s;eemes it is good barr in A&s;&s;ignement, that her Hu&s;|band before the marriage granted by Deed to her a Rent in the name of Dower, to which &s;he agreed after his death, 20 <HI>Ed.</HI> 4 <HI>fol.</HI> 3 in Dower, but inquire.</P>
<P>Rent a&s;&s;igned out of Land of which &s;he is dowable with|out Deed, is good, but out of other Land, it is not, 33 <HI>H.</HI> 6. <HI>fol.</HI> 2 <HI>B.</HI></P>
<P>A&s;&s;ignement of Rent out of the &s;ame Land, of which &s;he is Dowable, is good barr in Dower, if &s;hee agree, 7 <HI>H.</HI> 6 <HI>fol.</HI> 36. <HI>Perkins fol.</HI> 76 <HI>D.</HI> the &s;ame.</P>
<P>If a woman recover in a VVrit of Dower, &s;hee cannot enter without A&s;&s;ignement, but in other <HI>Precipe,</HI> if one recover, he may enter, but here it &s;hall be a&s;&s;igned to her by the Sheriff, by metes and bounds, 40 E. 3. <HI>fol.</HI> 22.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where the Woman recovers damage, and where the Tenant may &s;ay, he is yet ready to excu&s;e him of damages, if it be in Copy-hold, and otherwi&s;e.</HEAD>
<P>A VVoman &s;hall recover damages where the Husband dyed &s;ei&s;ed, if the Tenant do not come in the fir&s;t day ready to render Dower, <HI>Nat: Bre: fol.</HI> 7.</P>
<P>If the Tenant come at the fir&s;t day, and &s;aith, that he was alwaies ready, the Plaintiffe may averr, that &s;he hath demanded Dower, and &s;he cannot have it, 2 H. 4. <HI>fol.</HI> 8. and this found, &s;he &s;hall recover damages.</P>
<P>At the Summons returned, the Tenant comes, and &s;aith that he was alwaies ready to render Dower, and yet is, for the Plaintiff to &s;ay that he was not ready alwaies, is no Plea, but by <HI>Thirne</HI> &s;he ought to &s;hew that her Husband died &s;ei&s;ed, and &s;he demanded in the Country, and you refu&s;ed, but by <HI>Hank,</HI> the bringing of the Writ is a demand
<PB N="319" REF="162">in Law, but he agreed, that &s;he ought to aver, the dying &s;ei&s;ed of her Husband, if &s;he will recover dammages, 6 H. 4. <HI>f.</HI> 5.</P>
<P>Dower, the Tenant &s;aith that he was alwaies ready and yet is, and the Demandant avers that her Husband died &s;ei&s;ed, and &s;aith that he was not ready, and for that this is no I&s;&s;ue, but &s;he &s;hall &s;ay that &s;he demanded, inque&s;t of Office was awarded, which findes he died &s;ei&s;ed, and the Wife &s;hall recover dammages from the time of his death, but where the Tenant was ready, though that the Hus|band died &s;ei&s;ed, the wife &s;hall not recover dammages, 11 <HI>H.</HI> 4. <HI>f.</HI> 39. <HI>&amp;</HI> 6 H. 4. <HI>f.</HI> 5.</P>
<P>Dower, the Tenant &s;aith that he hath been alwaies rea|dy to render Dower, and yet is, the Plaintiff &s;aith that her Husband died &s;ei&s;ed. And &s;he required the Defendant at <HI>D.</HI> and he refu&s;ed, and the I&s;&s;ue &s;hall not be, that he did not refu&s;e generally, but he offered, and &s;he refu&s;ed, with|out that that he refu&s;ed, 13 <HI>Ed.</HI> 4. <HI>f.</HI> 7.</P>
<P>Dower, the Tenant acknowledgeth the action, and the Demandant to have dammages &s;urmi&s;eth, that her Hus|band died &s;ei&s;ed, and hath a Writ to inquire of dammages, and held that if the Tenant come at the fir&s;t day, and will aver that he was ready, and yet is, if the demandant can|not aver the contrary, the Demandant &s;hall not recover dammages, 14 <HI>H.</HI> 8. <HI>f.</HI> 28.</P>
<P>If the Tenant be effoyned, yet he may &s;ay yet ready, for the E&s;&s;oyne may be put in by a &s;tranger, 7 H. 7. <HI>f.</HI> 7. <HI>&amp; f.</HI> the la&s;t. the &s;ame, 2 <HI>Ed.</HI> 4. <HI>f.</HI> 20, and 14 H. 6. <HI>fol.</HI> 4. The &s;ame.</P>
<P>Dower after imparlance, the Tenant cannot &s;ay that he was alwaies ready, and yet is, 5 <HI>Ed.</HI> 4. <HI>f.</HI> 141.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tenant for Life.</HEAD>
<P>A Man devi&s;e all his Goods to his Wife, and would that his Son &s;hould have his Hou&s;e after the death of his Wife, notwith&s;tanding that it is not devi&s;ed to the Wife, &s;he &s;hall have that for her life, 13 H. 7. <HI>fol.</HI> 17.</P>
<P>Lea&s;e to a Woman as long as &s;he lives unmarried, or as long as &s;he behaves her &s;elf well, it is for life conditionall, 37 H. 6. <HI>fol.</HI> 28.</P>
<P><PB N="320" REF="163">Land is given to one to have and to hold, &s;o that he paies to the Grantor for his Life 10 <HI>l.</HI> this is an e&s;tate for life, 3 <HI>Book of A&s;s.</HI> 9.</P>
<P>An E&s;tate to one till he hath levied ten pounds, he hath that for life till, <HI>&amp;c.</HI> 21 <HI>Book of A&s;&s;i&s;e.</HI> 18.</P>
<P>If I let to <HI>W.N.</HI> to hold till a hundred pound be paid, and without making Livery and Sei&s;in, he hath an E&s;tate but at will, and if there be Livery, it is for life upon condition, to cea&s;e the hundred pound levied, 2 <HI>Mar. Brook Lea&s;e</HI> 67.</P>
<P>And &s;o in the three ca&s;es next, it is to be intended Li|very to be made.</P>
<P><HI>J.S.</HI> Tenant for life aliens to <HI>B.</HI> to have to him and to his Heires for the life of <HI>J.S. B.</HI> hath an E&s;tate but for the life of <HI>J.S.</HI> 24 H. 8 <HI>Tit. Forfeiture</HI> 87.</P>
<P>If Lands be given to a man and his Wife and to the Heires of their two Bodies begotten, and they are divor|ced, now they have but an E&s;tate for their lives, 7, H. 4. <HI>f.</HI> 18.</P>
<P>If I grant Rent to you without more, you &s;hall have that for life, 7 <HI>Book of A&s;&s;.</HI> 1.</P>
<P>If a devi&s;e be to one without more, he hath an E&s;tate for life, 22 <HI>Ed.</HI> 3. <HI>f.</HI> 16.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tenant for yeares.</HEAD>
<HEAD TYPE="sub">What Act determines a Lea&s;e for yeares, and who &s;hall have the Corne, what is a good Lea&s;e for yeares, and what not.</HEAD>
<P>THE Husband &s;ei&s;ed in right of his Wife, lets for &s;e|ven yeares and dies, the Wife may enter, but if the Termor had &s;owed the Land in the life time of the Hus|band, the Termor &s;hall have the Corn, 7 <HI>Book of A&s;&s;i&s;es</HI> 19.</P>
<P>If the Lord enter upon a Copy-holder for Forfeiture, and the Land be &s;owed, the Lord &s;hall have the Corn, 42 <HI>Ed.</HI> 3. <HI>f.</HI> 25</P>
<P>The Husband and the Wife lets the Land of the Wife for twenty yeares rendring Rent, and the Husband dies, the Wife accepts the Rent, it is a good Lea&s;e, and was
<PB N="321" REF="163">not void, 3 <HI>H.</HI> 6. <HI>fol.</HI> 2.2 <HI>H.</HI> 6. <HI>fol.</HI> the &s;ame, and 21 <HI>H.</HI> 6.24.</P>
<P>If a Par&s;on or a Prebendary let for yeares, rendring Rent and dies, though that the Succe&s;&s;ors accept the Rent, the Lea&s;e is not good, 32 <HI>H.</HI> 8. <HI>tit. acceptance</HI> 14.32 <HI>H.</HI> 8. <HI>Tit. Dean and Chapter</HI> 20.24 <HI>H.</HI> 8. <HI>tit. B.</HI> 19.38 <HI>H.</HI> 8. <HI>Lea&s;e</HI> 18.</P>
<P>22 <HI>H.</HI> 8. <HI>tit. Ance&s;tor</HI> 14. If Tenant in Dower lets for yeares, rendring Rent and dies, the Lea&s;e is void, and acceptance by the heire of the Rent will not make the Lea&s;e good, for it was void before, 9 E. 4. <HI>f.</HI> 37. by <HI>Nedham,</HI> If I let Land for yeares in which is a Mine, I cannot en|ter and take that, nor Trees, but I &s;hall be puni&s;hed.</P>
<P>The Bi&s;hop lets for yeares, rendring Rent and dies, and the Succe&s;&s;or accepts the Rent, this makes the Lea&s;e good, for the Bi&s;hop hath Fee and may have a Writ, of Right, 2 <HI>Ed.</HI> 6. <HI>tit. acceptance.</HI> 20.</P>
<P>The &s;ame Law is, where an Abbot lets for yeares, ren|dring Rent and dies, the Succe&s;&s;or accepts the Rent, the Lea&s;e is good, 21 <HI>Ed.</HI> 4. <HI>f.</HI> 5. <HI>B.</HI></P>
<P>Where Tenant in taile lets for 21. yeares and dies, and the I&s;&s;ue in taile outs the Le&s;&s;ee, as he may, and doth not accept the Rent, the Le&s;&s;ee may have covenant again&s;t the Executor of the Le&s;&s;or, and recover dammages though it be not warranted, 48 <HI>Ed.</HI> 3. <HI>f.</HI> 2.</P>
<P>A Lea&s;e by Tenant in taile for 21. yeares, made accor|ding to the Statute, rendring ancient Rent, or more; though Tenant in taile dye, this is a good Lea&s;e again&s;t the I&s;&s;ue, but if Tenant in taile dy without I&s;&s;ue, the Donor may avoid this Lea&s;e by entry, 32 <HI>H.</HI> 8. <HI>chap.</HI> 28.</P>
<P>Tenant in taile the remainder over, lets for yeares rendring Rent, and dies without I&s;&s;ue, and he in the re|mainder accepts the Rent, this &s;hall not binde him, in&s;o|much that when the intaile is determined, the Lea&s;e is determined and void, 1 <HI>Ed.</HI> 6. <HI>tit. acceptance</HI> 19.</P>
<P>Lea&s;e for yeares, and &s;o from yeare to yeare, as long as both parties plea&s;ed, after he hath entred into every yeare, it is a Lea&s;e for that yeare, and a Lea&s;e for a thou|&s;and yeares is good, 14 <HI>H.</HI> 8. <HI>f.</HI> 1.</P>
<P>Lea&s;e for three hundred yeares is good, and is but a Chattell, notwith&s;tanding the long time, 32 <HI>Book of A&s;&s;i|&s;es</HI> 6.</P>
<P><PB N="322" REF="164">If a man lets for &s;ixty yeares, and &s;o from &s;ixty yeares to &s;ixty yeares, untill two hundred yeares be ended, this is al&s;o one &s;elf &s;ame Lea&s;e, and good, 29 <HI>H.</HI> 8. <HI>tit. Lea&s;e</HI> 49. and <HI>Plowdens Commentaries</HI> 273. the &s;ame.</P>
<P>The Husband and his Wife, purcha&s;e to them and to the Heires of the Husband, and after the Husband lets for yeares and dies, the Wife may enter and avoid the Lea&s;e for her Life, but if &s;he dy before the re&s;idue of the Tearm, it is good to the Le&s;&s;ee again&s;t the Heire of the Husband, 33 <HI>H.</HI> 8. <HI>tit. Lea&s;e.</HI> 58.</P>
<P>And note by all the Ju&s;tices, that the Guardian by Knight Service, &s;hall not out the Termor, where he hath a Lea&s;e of his Tenant which dies, his Heire within age, contrary was the Law in times pa&s;t, as it appeares before in the ti|tle Ward.</P>
<P>VVhere it is agreed and granted to <HI>J.S.</HI> that he &s;hall have twenty Acres, in <HI>D.</HI> for twenty yeares, this is a good Lea&s;e for this word <HI>(Conce&s;&s;it)</HI> is as &s;trong, as devi&s;ed, 37 <HI>H.</HI> 8. <HI>tit Lea&s;e</HI> 60.</P>
<P>If one licen&s;e one to enter, and to occupie his Land for years, it is a Lea&s;e for yeares in Law, 10 <HI>Ed.</HI> 4. <HI>f.</HI> 4. <HI>&amp;</HI> 5 <HI>H.</HI> 7. <HI>f.</HI> 1. the &s;ame.</P>
<P>Tenant in taile lets for twenty two yeares rendring Rent and dies, and the Le&s;&s;ee lets that over for ten yeares, and the I&s;&s;ue accepts the Rent of the &s;econd Le&s;&s;ee, this is no confirmation of the Lea&s;e, for there is no privity be|twixt the &s;econd Le&s;&s;ee and him, 32 H. 8. <HI>Tit. Acceptance</HI> 13.</P>
<P>A man lets for ten yeares, and the next day lets the &s;ame Land to another for twenty yeares, this is a good Lea&s;e for the la&s;t ten yeares of the twenty yeares, which are ended after the fir&s;t ten yeares; 26 <HI>H.</HI> 8. <HI>Tit. Lea&s;e</HI> 48. See the time of, <HI>H.</HI> 8. <HI>Tit. Lea&s;e.</HI> 35.</P>
<P><HI>We&s;ton</HI> &s;aith, If I let for &s;o many yeares as <HI>J.S.</HI> &s;hall name, and after <HI>J.S.</HI> in my life time names certaine years the Lea&s;e is good for tho&s;e yeares, <HI>Plowdens Commentaries</HI> 273.</P>
<P>A man lets a Hou&s;e with the Appurtenances, no Land pa&s;&s;es, but if a man lets a Hou&s;e, with all the Land to the &s;ame belonging, there the Lands with that u&s;ed pa&s;&s;e, and it is a good Lea&s;e of tho&s;e, <HI>Plowd. Com. f.</HI> 273. 31 <HI>H.</HI> 8. <HI>tit. Lea&s;e</HI> 55. See. <HI>Plowd. Com.</HI> 85. <HI>b.</HI> and <HI>f.</HI> 170.23 <HI>H.</HI> 8. <HI>tit. Fe|offments</HI> 53.</P>
<P><PB N="323" REF="164">If a man lets for life to <HI>J.S.</HI> and the next day lets to <HI>W. N.</HI> for yeares, the &s;econd Lea&s;e is void, if it be not granted of a Rever&s;ion, 37 <HI>H.</HI> 8. <HI>tit. Lea&s;e</HI> 48.</P>
<P>A man lets for yeares, to have after the Lea&s;e thereof made to <HI>J.N.</HI> ended, and in truth <HI>J.N.</HI> hath no Lea&s;e, this begins forthwith, 3 <HI>Ed.</HI> 6. <HI>tit. Lea&s;e</HI> 62.</P>
<P>A man hath a Lea&s;e for yeares as Executor of <HI>J.S.</HI> and after purcha&s;eth the Rever&s;ion, the Lea&s;e is extinct and determined, yet it may be a&s;&s;ets, 4 <HI>Ed.</HI> 6. <HI>Tit. Extingui&s;hment</HI> 24.</P>
<P>Lea&s;es made by a Bi&s;hop, otherwi&s;e then for 21. yeares or three lives, from the time that &s;uch Lea&s;e begins, and where upon the old Rent is not re&s;erved, is void, 1 <HI>Eliz.</HI> not in Print, and for that a Lea&s;e made for thirty yeares by a Bi&s;hop, and confirmed by the Dean and Chapters, under their Seale, &s;hall not binde their Succe&s;&s;or, but if the Bi&s;hop, Dean and Chapter, joyne in a Lea&s;e for thirty yeares; this is a good Lea&s;e, notwith&s;tanding this Sta|tute: And &s;ee, <HI>Pulton tit. Eccle&s;ia&s;ticall per&s;ons.</HI> What Lea&s;e by Spirituall per&s;ons, is good, and what not. And &s;ee, 13 <HI>Eliz. chap.</HI> 10. That a Lea&s;e by Bi&s;hop, Dean and Chapter, for longer time then twenty one yeares or three lives, is not good, and by, 14 <HI>Eliz. chap.</HI> 11. They may make a Lea&s;e of Hou&s;es in Cities and Borroughs, for forty years, and by, 18 <HI>Eliz. chap.</HI> 11. They cannot let where there is an old Lea&s;e, which hath continuance for three yeares, or more.</P>
<P>A man po&s;&s;e&s;&s;ed of a Tearm for forty yeares, grants &s;o many of them to <HI>J.S.</HI> which &s;hall be behinde at the time of his death, and it &s;eems it is void, for the Incertainty, otherwi&s;e it is if it were by devi&s;e.</P>
<P>But if a man lets his Land, to have after his death for forty yeares this is good, for this is certaine, 7 <HI>Ed.</HI> 6. <HI>tit. Lea&s;e</HI> 66.</P>
<P>See, 8 <HI>H.</HI> 7. <HI>fol.</HI> 4. Grant of Rent, but if a man let for life and foure yeares over is good.</P>
<P>Tenant which holds in cheife dies, his heire before Li|very &s;ued, makes a Lea&s;e for yeares, this is good, if no In|tru&s;ion be found by Office, and if after the Lea&s;e, the dy|ing &s;ei&s;ed be found by Office, and no intru&s;ion it hath no relation to the death of the Ance&s;tor, unle&s;&s;e for the pro|fits and not to defeat the Lea&s;e, 5 <HI>Ed.</HI> 6. <HI>Tit. Lea&s;e</HI> 57.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="324" REF="165">
<HEAD>Tenant at will.</HEAD>
<HEAD TYPE="sub">What acts Tenant at will may do, and what to him, and what by him are good, and what not.</HEAD>
<P>IF Tenant at will lets for yeares, in his own name: He is a Di&s;&s;ei&s;or, 12 <HI>Ed.</HI> 4. <HI>f.</HI> 12.</P>
<P>Relea&s;e made to the Tenant at will by the Le&s;&s;or is good, <HI>Lit. f.</HI> 108.</P>
<P>If one alien his Mannor, there need not that Tenant at will attoin, <HI>Lit. f.</HI> 125.</P>
<P>Tenant at will cannot grant over his E&s;tate to any, for he hath no Intere&s;t certaine, 27 <HI>H.</HI> 6. <HI>f.</HI> 3. <HI>B.</HI></P>
<P>If a man lets to one at will, the Le&s;&s;or dies, the will is determined, 21 H. 6. <HI>f.</HI> 42.</P>
<P>If Tenant at will be outed, this is Di&s;&s;ei&s;in to the Le&s;&s;or, and yet the Tenant at will may enter without comman|dement of his Le&s;&s;or, for the will continues, 38 <HI>H.</HI> 6. <HI>fol.</HI> 28.</P>
<P>If Tenant at will make wa&s;t, action upon the ca&s;e lies a|gain&s;t him, and not wa&s;t, 48 <HI>Ed.</HI> 3. <HI>f.</HI> 25. 11 H. 6. <HI>f.</HI> 38. the &s;ame. See, <HI>Lit. f.</HI> 15. <HI>&amp;</HI> 12 <HI>Ed.</HI> 4. <HI>f.</HI> 8. the &s;ame. 22 <HI>Ed.</HI> 4. <HI>f.</HI> 5. <HI>Tre&s;pa&s;&s;e lies.</HI></P>
<P>14 <HI>H.</HI> 8 <HI>f.</HI> 12. By <HI>Brown,</HI> If Tenant at will makes wa&s;t, acti|on upon the ca&s;e lies, and by <HI>Roo,</HI> if my Father lets at will and dies, the will is determined.</P>
<P><HI>Littleton fol.</HI> 14. If Tenant at will makes voluntary wa&s;t, he &s;aith, that the Le&s;&s;or &s;hall have an action of tre&s;pa&s;&s;e, but it &s;eems he intended tre&s;pa&s;&s;e upon the ca&s;e.</P>
<P>48 <HI>Ed.</HI> 3. <HI>f.</HI> 2. Action upon the ca&s;e lies again&s;t Tenant at will, which makes wa&s;t in burning of Hou&s;es willingly, and not action of wa&s;t.</P>
<P>2 <HI>Ed.</HI> 4. <HI>fol.</HI> 5. <HI>By Littleton,</HI> If I deliver to you my Gown, and you burn it, action upon the ca&s;e lies, and not tre&s;|pa&s;&s;e. By force of Armes, 43 <HI>Ed.</HI> 3. <HI>f.</HI> 30. If one hath Goods by delivery, tre&s;pa&s;&s;e doth not lye again&s;t him, but <HI>Deti|nue.</HI></P>
<P>21 H. 6. <HI>fol.</HI> 43. is, That an action of wa&s;t doth not lye again&s;t Tenant at will, which makes wa&s;t but tre&s;pa&s;&s;e.</P>
<P><PB N="325" REF="165">41 <HI>Ed.</HI> 3. <HI>f.</HI> 24. Where a Miller takes more tole then he ought, action upon the ca&s;e lies again&s;t him, and not tre&s;|pa&s;&s;e.</P>
<P>2 <HI>Ed.</HI> 4. <HI>f.</HI> 5. If my Servant of a &s;hop, which hath power to &s;ell, gives my Wares, it &s;eems that I &s;hall have tre&s;pa&s;&s;e again&s;t the Donee.</P>
<P>Tenant at will may cut Trees &s;ea&s;onable, but if he cut great Trees wa&s;t doth not lye, but action upon the ca&s;e.</P>
<P>Tenant at will of a Mine may take the Oare and &s;ell it, 12 <HI>Ed.</HI> 4. <HI>f.</HI> 8.</P>
<P>He which holds at will, hath that at the will of both, and Debt lieth for the Rent re&s;erved, 20 <HI>Edw.</HI> 4. <HI>fol.</HI> 9.</P>
<P>If the Le&s;&s;ee at will &s;ow the Land, and after be outed, he &s;hall have the Crop, but if he be outed after the plow|ing, and before the &s;owing, he &s;hall loo&s;e the Co&s;ts of plowing, and the compo&s;t of that, 11 H. 4. <HI>fol.</HI> 90</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tenant at &s;ufferance.</HEAD>
<HEAD TYPE="sub">Who is Tenant at &s;ufferance and who not, and what acts he may do.</HEAD>
<P>TEnant at &s;ufferance is where one of his own head occu|pies my Land, and claims nothing, but at my will, and relea&s;e to him is not good, <HI>Littleton f.</HI> 108.</P>
<P>There is no Tenant at &s;ufferance, but he which fir&s;t en|ters by authority, and Lawfully, as a man lets for yeares, or for anothers life, and holds in further after the Lea&s;e expired, or after the death of him for who&s;e life, time of <HI>H.</HI> 8. <HI>tit. Tenant by copy.</HI> 15.</P>
<P>Tenant at &s;ufferance is, when Le&s;&s;ee for yeares after the tearm ended, occupies the Land by con&s;ent of the Le&s;&s;or, without a Lea&s;e at will, 21 <HI>H.</HI> 6. <HI>f.</HI> 42.</P>
<P>Tenant at &s;ufferance may di&s;train doing dammage up|on the Land, and yet relea&s;e made to him is not good, 4 <HI>H.</HI> 7. <HI>f.</HI> 3. and he may have tre&s;pa&s;&s;e.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="326" REF="166">
<HEAD>Villainage.</HEAD>
<DIV3 TYPE="section">
<HEAD>For that, that in the fifth Article villainage is to be inquired in Leet and in Court-Baron, and is to be inquired, who is Villainof the Kings: Somthing &s;hall be &s;aid touching that, and fir&s;t how they began, and where the Lord may &s;ei&s;e and have them, and how their Goods and Chattells and other things, and how contrary, and how not.</HEAD>
<P>VIllaines began after <HI>Noahs</HI> Flood, that is, when all things were in common, and when they increa&s;ed, and al&s;o were taken in Battells and one kil'd another, to avoid this mi&s;cheife, it was ordained that none &s;hould kill another, but tho&s;e which they overcame &s;hould be their Villaines, to u&s;e at their plea&s;ure; but not to kill them, <HI>Britton f.</HI> 77.</P>
<P>If the Villaine buy Goods and &s;ell them, or give them to another, before the Lord &s;ei&s;e them, then the Lord can|not &s;ei&s;e them nor have them, otherwi&s;e it is of the Kings Villaine, <HI>Littleton f.</HI> 39</P>
<P>Lord and Villaine, the Lord is indebted to one, which makes the Villaine his Executor, the Villaine &s;hall have Debt again&s;t his Lord, and the Lord cannot &s;ei&s;e and have the Goods which the Villaine hath as Executor, 3 <HI>H.</HI> 4. <HI>f.</HI> 15. the &s;ame 47 <HI>Ed.</HI> 3. <HI>f.</HI> 16. <HI>Littleton f.</HI> 41. and 21 <HI>Ed.</HI> 4. <HI>f.</HI> 50. <HI>Old Tenures</HI> 2.</P>
<P>If a Villaine dy before the Lord &s;ei&s;e his Goods or claim by word, the Lord cannot &s;ei&s;e them, not have them, but his Executors, 3 H. 4. <HI>f.</HI> 17.</P>
<P>If a villaine purcha&s;e Lands and alien them before that the Lord enter, or buy Goods and &s;ells them before that the Lord &s;ei&s;e them, the Lord &s;hal not have them, <HI>Lit. f.</HI> 39.</P>
<P>If the Lord &s;ei&s;e Goods, and deliver them to the Villain again, if they be taken from him, the Lord may have tre&s;|pa&s;&s;e, or take and &s;ei&s;e them again, and have them, 11 <HI>H.</HI> 4. <HI>f.</HI> 2. <HI>Lit. f.</HI> 39.</P>
<P>If he &s;ei&s;es parcell of the Goods in name of all, that &s;uffices for<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ll.</P>
<P>The Lord hath po&s;&s;e&s;&s;ion of Goods of his Villaine by
<PB N="327" REF="166">Sei&s;ure, of land by entry, of Rent, Rever&s;ion, and Advow|&s;on, by claim, <HI>Perkins f.</HI> 6. <HI>Littleton.</HI> 40.</P>
<P>The Lord cannot &s;ei&s;e his Villaine in the pre&s;ence of the King, and yet after he may have him, 27 <HI>Book of A&s;&s;.</HI> 49.</P>
<P>If my Villaine Infant be in ward of one, by rea&s;on that he holds of him by Knights &s;ervice, I may enter and &s;ei&s;e the Infant, and out the Guardian, and &s;hall have him, 40 <HI>Book of A&s;&s;.</HI> 7.</P>
<P>The Lord cannot take and &s;ei&s;e his Villaine, out of the &s;ervice of another, which hath retained him, unle&s;&s;e that he hath more Servants; but he may &s;ei&s;e the Goods, 39 <HI>R.</HI> 2. <HI>tit. action upon the ca&s;e</HI> 52.</P>
<P>The Lord may take the Rent which a Villaine hath in po&s;&s;e&s;&s;ion, but not a thing in action, as obligation of Debt or Covenant.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>What is infranchi&s;ement, and what not.</HEAD>
<P>IF a <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ree-man marry his &s;he Villaine, &s;he is infranchi|&s;ed, <HI>Little. fol.</HI> 41. And that their I&s;&s;ue is free, 46 <HI>Ed.</HI> 3. <HI>fol.</HI> 4.</P>
<P>If a &s;he Villaine marry a Free-man, &s;he is made free for ever, and &s;hall not be a Villaine again, unle&s;&s;e by a &s;pe|ciall act afterwards as being divorced, or acknowledgeth her &s;elf a &s;he Villain in Court of Record, <HI><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">itzh. fol.</HI> 78. <HI>G.</HI> 33 <HI>Ed.</HI> 3. <HI>f.</HI> 187. <HI>Statham,</HI> is that &s;hee is infranchi&s;ed but du|ring the marriage.</P>
<P>If a Villaine woman marry a Free-man, &s;he and all her I&s;&s;ue have a free E&s;tate for ever, and a Villaine becomes free if he marry his Mi&s;tris; the &s;ame Law if a &s;he Villaine marry her Lord, <HI>Brit. f.</HI> 78. <HI>a.</HI></P>
<P>If a Villaine dwell in ancient Deme&s;ne of the King, by a year and a day without claime, he is infranchi&s;ed, <HI>Fitzh. f.</HI> 79. <HI>A.</HI> But there held, if he dwell in the ancient Deme&s;ne of another Lord then the King, by a yeare and a day, with|out claime, he is not infranchi&s;ed, 39 <HI>H.</HI> 6. <HI>tit.</HI> 20. and 39 <HI>E.</HI> 3. <HI>f.</HI> 6.</P>
<P>If the Lord and his Villaine vouch together, where the Villaine hath purcha&s;ed Lands, if he be not from all benefit &s;hut up, being called to warranty, it is an infran|chi&s;ement, 33 <HI>H.</HI> 6. <HI>f.</HI> 1.</P>
<P><PB N="28" REF="167">The Rever&s;ion is granted, to a Villaine and his Lord being Tenant for life attornes, this doth not infranchi&s;e the Villaine, for the Lord gives nothing to the Villaine and he cannot otherwi&s;e have the Rever&s;ion, 11 <HI>H.</HI> 7. <HI>fol.</HI> 13.</P>
<P>If a man infranchi&s;e his Villaine, with the whole &s;equell it behoveth to be, for tho&s;e created, and to be created, &s;ome born before that infranchi&s;ement is not made free, 15 <HI>H.</HI> 7. <HI>f.</HI> 14.</P>
<P>Though the Lord make Attorney, where his Villaine is Plaintiff it is no infranchi&s;ement, 22 <HI>Book of A&s;&s;.</HI> 4. <HI>&amp;</HI> 29 <HI>Ed.</HI> 3. <HI>f.</HI> 24. the &s;ame.</P>
<P>If the Lord &s;uffer his Villaine to be &s;worn of a Jury in the Kings Court, it is an infranchi&s;ment, <HI>Britton fol.</HI> 83.</P>
<P>Villaine &s;hall not be infranchi&s;ed, for that his Lord &s;ues a <HI>(Recordare)</HI> upon a plaint of Replegiare, 5 <HI>Ed.</HI> 3. <HI>f.</HI> 187. <HI>Statham.</HI></P>
<P>Tenant in taile of a Mannor, to which is a Villaine re|gardant, aliens the &s;ame Land to the Villaine and dies. The I&s;&s;ue recovers the Land again&s;t the Villaine, yet he may after &s;ei&s;e the Villain, and he is not infranchi&s;ed, not|with&s;tanding that he hath brought action again&s;t his Vil|laine, for he cannot otherwi&s;e come to the Land, 24 <HI>Edw.</HI> 3. <HI>fol.</HI> 187.</P>
<P>If in an action a Villain imparle with his Lord, or hath a day by <HI>(Prece partium)</HI> he is infranchi&s;ed, 9 <HI>H.</HI> 6. <HI>f.</HI> the la&s;t, and 22 <HI>Ed.</HI> 4. <HI>f.</HI> 36. the &s;ame.</P>
<P>If the Lord &s;uffer his Villaine to be made a Knight, it is an infranchi&s;ement, <HI>Britton f.</HI> 79.</P>
<P>If the Lord infcoffs his Villaine it is an infranchi&s;ement for ever, 12 <HI>H.</HI> 3. <HI>tit.</HI> 42.</P>
<P>If the Plaintiff in a Writ of <HI>(Neife)</HI> be non-&s;uited, he &s;hall not have again in his life time any other <HI>(Nativo habendo)</HI> but the Villaine by that is infranchi&s;ed during her life time, 6 <HI>Ed.</HI> 2. <HI>tit. Villainage</HI> 26. See, 19 <HI>Edw.</HI> 2. <HI>Tit.</HI> 31.</P>
<P>If the Lord make to his Villaine an obligation, or grant to him an anuity, or let to him by Deed for yeares, or make to him a Feoffment and Livery and &s;ei&s;in, he is in|franchi&s;ed, otherwi&s;e it <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s if he makes to him a Lea&s;e at will, or a Feoffment and no Livery, <HI>Littleton fol.</HI> 45.</P>
<P><PB N="329" REF="167">By <HI>Wilby,</HI> if the Lord infeoffs his Villaine without Deed, he is not infranchi&s;ed, 24 <HI>Ed.</HI> 3. <HI>tit.</HI> 32.</P>
<P>Villaine to two Coparceners, he marries one of them, yet he is not infranchi&s;ed again&s;t the other, coparcener, <HI>Fitzh. f.</HI> 197. <HI>N.</HI></P>
<P>If a Copy-hold e&s;cheat, or come to the Lord by forfei|ture, and the Lord grants that over by Copy to <HI>J. S.</HI> his Villaine and to his heires, to hold at the will of the Lord, according to the cu&s;tome of the Mannor, by the &s;ervices due and u&s;ed to be paid, this is an infranchi&s;ement, but if a Copy-holder &s;urrender into the hands of the Lord to the u&s;e of <HI>J.S.</HI> the Lords Villaine and to his heires, and the Lord by his Steward grant to him Sei&s;in by the rod accor|dingly, this is no infranchi&s;ement.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>How the Lord may take advantage of things which he hath by his Villaine, by act of his Villaine.</HEAD>
<P>MAnnor to which a Villaine is regardant, is let to one for life, and the Villaine purcha&s;e in fee, the Te|nant for life enters, he &s;hall have lands to him and to his heires for ever, <HI>Perk. f.</HI> 20.</P>
<P>If a Villaine be granted to one for Life, and the Vil|laine purcha&s;e in fee, the Le&s;&s;ee enters, he &s;hall have Fee, but if the Lord be Le&s;&s;ee for life, and the Tenancy e&s;cheat, he &s;hall not have that but for life, Doctor and Student <HI>fol.</HI> 90.</P>
<P>If Le&s;&s;ee for yeares of a Mannor, to which a Villaine is regardant dies, and the Villaine purcha&s;e Lands, and the Executor of the Le&s;&s;ee enter, he &s;hall have the Land in fee but it &s;hall be to the u&s;e of the Te&s;tator, Doctor and Stu|dent <HI>f.</HI> 90</P>
<P>Where a Par&s;on hath a Villaine, which purcha&s;es lands and the Par&s;on enters, he &s;hall not have that to the u&s;e of him&s;elf, but in the right of his Church, 32 <HI>H.</HI> 8. <HI>tit. Vil|lainage</HI> 46.</P>
<P>Where a Villaine is infeoffed with warranty, the Lord may rebut by that, if it were di&s;cended in po&s;&s;e&s;&s;ion of the Villaine, but not vouch to have in value, 18 <HI>Ed.</HI> 3. <HI>f.</HI> 29. <HI>&amp;</HI> 22 <HI>Book of A&s;&s;.</HI> 37.</P>
<P>If a Villaine and his Wife purcha&s;e joyntly in Fee, and the Lord enters in the half, as he may, he &s;hall have it, but
<PB N="330" REF="168">if he do not enter, but the Husband dies, the wife &s;hall have all by the Survivor, and the Lord hath lo&s;t his ad|vantage to have the moity. A bridg of <HI>a&s;&s;. fol.</HI> 37.40. <HI>a&s;&s;i&s;.</HI> 7.</P>
<P>If a Villain be bound in a &s;tatute, and before the day in|curred, his Lord enters, the Lord &s;hall have &s;uch advantage that execution &s;hall not be &s;ued again&s;t him, 18. <HI>Ed.</HI> 3. <HI>Tit. Execution Statham.</HI></P>
<P>If my villain purcha&s;e Land, and I &s;ei&s;e it, and the villain dies, yet the wife of the villain &s;hall be endowed, by <HI>Herl.</HI> 13. <HI>Ed.</HI> 3.74. <HI>Statham</HI> 19. <HI>Ed.</HI> 2.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Wa&s;te.</HEAD>
<DIV3 TYPE="section">
<HEAD>And in &s;o much that you ought to inquire, if any Farmer which hath part of the Deme&s;nes of your Lord&s;hip, hath made wa&s;t, or any Copy-holder, (unle&s;&s;e by the Cu&s;tom of the Mannor he may make wa&s;t) if any of them have made wa&s;t or not. Fir&s;t let us &s;ee what is wa&s;t in Land, and to be puni&s;hed, and what not.</HEAD>
<P>IT is not wa&s;t to &s;uffer the arable Land to lie fre&s;h, &s;o that it is full of thorns, <HI>Fitz. fol.</HI> 59. <HI>N.</HI> 2. H. 6. <HI>fol.</HI> 11.</P>
<P>To &s;uffer a Meadow to be drowned which is ru&s;hie or little worth, or arable land to be drowned, that nothing remains but tough Clay; this is wa&s;t, 20. H. 6. <HI>fol.</HI> 1.</P>
<P>15. H. 3. <HI>Tit.</HI> 131. Wa&s;t was brought for making mea|dow arable, by <HI>Plowd.</HI> 2. and it &s;eems it lies.</P>
<P>If a Farmer plough meadow, it is wa&s;t, <HI>Fitzh. fol.</HI> 59. <HI>N.</HI> and 15. <HI>H.</HI> 3. <HI>tit.</HI> 131. the &s;ame, 12. <HI>H.</HI> 8.</P>
<P>If a Farmer do not repair banks of his Land in Lea&s;e, by which the Land is drowned, or if he dig for Copper or Stone, or Coals, it is wa&s;t, <HI>Fitzh. fol.</HI> 59. <HI>N.</HI> 20. <HI>H.</HI> 6. <HI>fol.</HI> 1.</P>
<P>Wa&s;t lies again&s;t a Farmer, for fi&s;h in a Poole, 6. R. 2. <HI>Statham.</HI></P>
<P>If there be a Myne in the Land, if the Farmer dig the Land, and take it, it is wa&s;t, 9. <HI>Ed.</HI> 4. <HI>fol.</HI> 35. <HI>B.</HI></P>
<P>Rai&s;ing up a Furnace fixed, is wa&s;t, 42. <HI>Ed.</HI> 3. <HI>fol.</HI> 6.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="331" REF="168">
<HEAD>What is wa&s;t in hou&s;es, to be puni&s;hed, and what not.</HEAD>
<P>IF a hou&s;e be uncovered by &s;uddain tempe&s;t, it is not wa&s;t; but if the Le&s;&s;ee &s;uffer that to be uncovered, that the timber rot, it is wa&s;t, and if the hou&s;e fall by &s;uddain tempe&s;t it is no wa&s;t, 12. <HI>H.</HI> 4. <HI>fol.</HI> 4.33. H. 6. <HI>Tit.</HI> 155. <HI>B.</HI> By <HI>Danby</HI> and <HI>Choke.</HI> If &s;trangers, enemies of the King de&s;troy a hou&s;e, or that it be blowen down by &s;uddain tempe&s;t, wa&s;t lies not; contrary where it was by enemies, traitors, &s;ubjects, 12. <HI>H</HI> 8. <HI>fol.</HI> 1. See the time of <HI>Ed.</HI> 1. <HI>tit.</HI> 123. where it was burnt by <HI>I. S.</HI> his Neighbour by mi&s;|chance.</P>
<P>It &s;eems that not covering of a hou&s;e is no wa&s;t, till the great beam of that is rotten, 10 <HI>H.</HI> 7. <HI>fol.</HI> 2. <HI>B.</HI></P>
<P>It &s;eems wa&s;t may be a&s;&s;igned, in breaking a &s;tone-wall, and al&s;o in a mud-wall, for that it is fixt to the free-hold. But the Le&s;&s;ee may plead that the le&s;&s;or licen&s;ed him to break it down, and this is a good barre. And adjudged that if a hou&s;e be not. covered at the time of the Lea&s;e made, the Le&s;&s;e is not bound to cover that: and al&s;o if a hou&s;e were curious at the time of the Lea&s;e made, that is a good barr to plead in wa&s;t, 10 <HI>H.</HI> 7. <HI>fol.</HI> 2. <HI>B.</HI> 40 <HI>a&s;&s;i&s;.</HI> 22. the &s;ame, and 10 <HI>H.</HI> 7. <HI>fol.</HI> 5. the &s;ame where a hou&s;e falls by tempe&s;t, though the le&s;&s;ee Covenant to repair it, he may plead in barr in a writ of wa&s;t, that it fell by tempe&s;t, though he cannot plead it in a writ of Covenant, 40. <HI>Ed.</HI> 3. <HI>fol.</HI> 6.</P>
<P>If a Farmer build a hou&s;e, where there was none before the Lea&s;e, and &s;uffers that to decay, it is wa&s;t, 11 <HI>Ed.</HI> 2. <HI>Sta|tham,</HI> 12 <HI>H.</HI> 4. <HI>fol.</HI> 6. the &s;ame, 42 <HI>Ed.</HI> 3. <HI>fol.</HI> 21. the &s;ame, &amp; 17. <HI>Ed.</HI> 2. <HI>tit.</HI> 118. the &s;ame.</P>
<P>If wa&s;t in a hou&s;e be repaired, hanging the writ of wa&s;t, it is not to purpo&s;e; but if it were repaired before a writ purcha&s;ed, it is otherwi&s;e, 38. Book of <HI>A&s;&s;i&s;.</HI> 1. 21. H. 7. <HI>fol.</HI> 26. by <HI>King&s;mill,</HI> and not denyed, that a furnace fixed by a Farmer, and not to the walls, Po&s;ts, and &s;uch like, by him fixed, and taken away within his tearm, is no wa&s;t, for the hou&s;e is not impaired. But where Tenant in Fee fixes a furnace in the mid&s;t of the hou&s;e, the Heire &s;hall have it, and not the Executors: the &s;ame Law if a Fat fixt in a Brew-hou&s;e.</P>
<P>34 <HI>Ed.</HI> 3. <HI>Tit.</HI> 3. where a hou&s;e falls by great
<PB N="332" REF="169">wind or tempe&s;t, it &s;eems the le&s;&s;or &s;hall have the great Timber, for that is not wa&s;t, and the le&s;&s;ee &s;hall not build that, 11 <HI>H.</HI> 4. <HI>fol.</HI> 21.</P>
<P>9 <HI>H.</HI> 6. <HI>fol.</HI> 52. Lea&s;e to a woman unmarried which takes a Husband, which builds a hou&s;e and dies, the wo|man &s;hall be charged with that in wa&s;t, 47. book of <HI>A&s;&s;.</HI> 22. If Po&s;ts of a hou&s;e be and the re&s;t is fallen, if the Guardian take away the Po&s;ts it is no wa&s;t; for it is no hou&s;e when it is not walled nor covered, and if one take away a frame of a hou&s;e which was newly built and never covered, it is no wa&s;t.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>What is wa&s;t puni&s;hable in woods, and what not.</HEAD>
<P>IF a &s;table were ruinous, at the time of the Lea&s;e and falls, the le&s;&s;ee may cut trees, and make a new hou&s;e; but if no hou&s;e were there before, he cannot cut Trees to make a new hou&s;e, as it &s;eems 11 <HI>H.</HI> 4. <HI>fol.</HI> 32.</P>
<P>The farmer may cut trees to amend his hou&s;e, and make reparations; but if the hou&s;e be decayed by the default of the farmer, then if he cut trees to repair that, it is wa&s;t, <HI>Fitz.</HI> 59. <HI>K.</HI></P>
<P>Cutting of dead wood by a Termor is no wa&s;te. And if a man cut wood to burn, where he hath dead wood &s;ufficient, that is wa&s;t, and it is no wa&s;t to cut &s;ea&s;onable wood, which is u&s;ed to be cut every 20. years, or within that time, <HI>Fitzh. fol.</HI> 59. <HI>M.</HI></P>
<P>It was agreed that young Oaks of the age of 20. yeares, nor under 20. yeares, could not be cut by a Farmer for years, nor for life, for they may be Timber, and by this cutting they will never grow to be Timber: time of <HI>H.</HI> 8. <HI>tit.</HI> 334. b. &s;ee 11. H. 6. <HI>fol.</HI> 1. cutting Wil|lowes within the view and &s;ight of a Mannor, is wa&s;t. 40. <HI>Ed.</HI> 3. <HI>fol.</HI> 15. <HI>B.</HI></P>
<P>Cutting of Hazels which do not grow under great Trees, but in a quarter of a wood is wa&s;t, 40. <HI>Ed.</HI> 3. <HI>fol.</HI> 25. b. 10. <HI>H.</HI> 7. <HI>fol.</HI> 2. the &s;ame, <HI>Fitz. fol.</HI> 6. <HI>E.</HI> the &s;ame.</P>
<P>Cutting under wood is no wa&s;t, but barking them that they do not grow again is wa&s;t. 42. <HI>Ed.</HI> 3. <HI>fol.</HI> 6.</P>
<P>A man cannot a&s;&s;ign wa&s;t in cutting young Oaks, that is of the age of 7. or 8. yeares, 13. <HI>H.</HI> 7. <HI>fol.</HI> 21. by <HI>Brian,</HI> contrary before the time of H. 1.</P>
<P>Cutting within the age of eight and ten yeares of young Oaks is wa&s;t, becau&s;e they can never come to be Timber <HI>Ed.</HI> 46. <HI>tit.</HI> 13</P>
<P><PB N="333" REF="169">Young Oaks of the age of twenty yeares and under, Farmer may cut, and it is not wa&s;t, but <HI>Martin</HI> &s;aith, that is in a Country where there is plenty of Wood, if Oakes pa&s;&s;e the age of twenty yeares they cannot be cut as &s;ea|&s;onable for hou&s;e-boote, but by <HI>Martin,</HI> Wrang-lands of the age of twenty yeares, which can never be Timber, cut|ting of them for firing is no wa&s;t, 11 H. 6. <HI>fol.</HI> 1 by the Court.</P>
<P>Oakes of the age of &s;ixteen yeares may be cut for fuell, for that they are but falling Woods, 21 H. 6. <HI>fol.</HI> 53. <HI>by New|ton.</HI></P>
<P>4 <HI>Ed.</HI> 3. <HI>f.</HI> 22. Journey to <HI>Darby, fol.</HI> If a man make wa&s;t in a Mill, and cut Trees to mend it, this cutting is wa&s;te,</P>
<P>12 <HI>Ed.</HI> 3. <HI>tit.</HI> 28. <HI>Wa&s;t,</HI> He cannot cut the Trees to cover the Hou&s;es, and &s;ell away the old Timber.</P>
<P>Cutting &s;mall Trees and &s;elling them away is wa&s;t, but a Farmer may cut them to make reparations upon the &s;ame Land let, but not to repaire other Land, cutting young Samples within the age of ten yeares &s;ea&s;onable, for hou&s;e-boot is no wa&s;t, but where they were of the age of twenty yeares, and able to make great Timber is wa&s;t, 7 <HI>H.</HI> 6. <HI>f.</HI> 40.</P>
<P>Termor may take &s;mall Trees and &s;uch like, which are &s;ea&s;onable, which have been u&s;ed to be felled every 20, 16. 14, or 12. yeares, and is no wa&s;t: For it is called falling wood, 4 <HI>Ed.</HI> 6. <HI>tit.</HI> 136.</P>
<P>Where Oakes are cut, and &s;uffering the Springs to be eaten with Bea&s;ts that they will not be Timber afterwards but &s;hrubs, it is wa&s;t, 11 <HI>H.</HI> 6. <HI>f.</HI> 1.</P>
<P>One may a&s;&s;igne wa&s;t in a hundred Oaks cut, and al&s;o in the Stocks of the &s;ame Oaks, that is in &s;prings growing upon the &s;ame Oakes, for if &s;o be they were &s;aved they would be Timber, and for that, that they are not, it is wa&s;t, 22 <HI>H.</HI> 6. <HI>f.</HI> 14.</P>
<P>Cutting green wood, where there is dead wood for fi|ring, is wa&s;t, 23 <HI>Ed.</HI> 3. <HI>tit.</HI> 32.</P>
<P>Cutting Sances is no wa&s;t, 8 <HI>Ed.</HI> 2. <HI>tit.</HI> 111.</P>
<P>Cutting Wood to burn where there is dead wood &s;uffici|ent is wa&s;t, but not wa&s;t to cut &s;ea&s;onable wood which is u|&s;ed to be cut every twenty yeares, or within the time, <HI>Fitzh. f.</HI> 59. <HI>M.</HI></P>
<P><PB N="334" REF="170">Cutting white Thorn is wa&s;t, and not black Thorn, 46 <HI>Ed.</HI> 3. <HI>f.</HI> 17. But &s;ee, 9 H. 6. <HI>f.</HI> 10.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>What wa&s;t in Gardens is puni&s;hable, and what not.</HEAD>
<P>WHere Apple Trees fall with great winde, and after become dry, the Termor may take them for Fuell, 7 H. 6. <HI>f.</HI> 40.</P>
<P>Cutting Apple Trees which have fallen upon Props, and bear Fruit, is wa&s;t, 44 <HI>Ed.</HI> 3. <HI>f.</HI> 44.</P>
<P>Cutting Apple Trees and Plum Trees is wa&s;t, 10 H. 7. <HI>fol.</HI> 2.</P>
<P>If a hou&s;e and wood are let, he cannot cut Apple trees to amend the Hou&s;e if he have Wood, for if he do it is wa&s;t, time <HI>Ed.</HI> 1. <HI>Title</HI> 122.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>For what wa&s;t Termor &s;hall be puni&s;hed, and for what not.</HEAD>
<P>IF a Termor for life make wa&s;t, and after &s;urrender his e|&s;tate, and the Le&s;&s;or accept it, the Termor &s;hall not be puni&s;hed for that wa&s;t, <HI>Natura brevium f.</HI> 36 <HI>B.</HI> 14 H. 8. <HI>fol.</HI> 111. <HI>By Pollard,</HI> but &s;ee 8 H. 5. <HI>fol.</HI> 8.</P>
<P>If a &s;tranger make wa&s;t upon the Land which one holds for life or for yeares, the Farmer &s;hall be puni&s;hed for this wa&s;t, 5 H. 4. <HI>f.</HI> 3. and 3 H. 6. <HI>fol.</HI> 17. <HI>B.</HI></P>
<P>If a Le&s;&s;or him&s;elf make wa&s;t the Termor &s;hall not be puni&s;hed for that wa&s;t, 5 H. 4. <HI>f.</HI> 3.</P>
<P>If a &s;tranger make wa&s;te upon the Land in ward, the Guardian in Socage &s;hall not be puni&s;hed for this wa&s;te, <HI>Fitzh. f.</HI> 60. <HI>G.</HI></P>
<P>Where wa&s;te is made by Enemies, or Tempe&s;t, the Ter|mor is not puni&s;hable for his wa&s;te, <HI>Fitzh. f.</HI> 59. <HI>L.</HI></P>
<P>If a Termor make wa&s;te before that he attorn, he &s;hall not be puni&s;hed for that wa&s;te, 48 <HI>Ed.</HI> 3. <HI>f.</HI> 15.</P>
<P>If a Le&s;&s;or covenant to deliver great Timber of the &s;aid Land to repair the Hou&s;e let, and will not, and for lack of that the Le&s;&s;ee will not repair that, but &s;uffers the Hou&s;e to fall, he is puni&s;hable for this wa&s;te: but if the great Timber were to be taken from other Land, and is not de|livered, this excu&s;es him, and he is not puni&s;hable for this wa&s;te, 44 <HI>Ed.</HI> 3. <HI>f.</HI> 21.</P>
<P><PB N="335" REF="170">If Land be let to a lone Woman, and &s;he takes a Hu&s;|band which makes wa&s;te and dies, &s;he &s;hall be puni&s;hed for that wa&s;te; but if the Lea&s;e were made to the Husband and his Wife, and he makes the wa&s;te and dies, for that wa&s;te &s;he &s;hall not be puni&s;hed, <HI>Nat. brev. f.</HI> 36. <HI>B.</HI> 3 <HI>Ed.</HI> 3. <HI>Tit.</HI> 20.</P>
<P>Regi&s;ter, <HI>f.</HI> 72. again&s;t the Husband and the Wife, &s;um|moned <HI>B.</HI> and <HI>E.</HI> his Wife, that they be, <HI>&amp;c.</HI> to &s;hew why they made wa&s;te, <HI>&amp;c.</HI> of Lands, <HI>&amp;c.</HI> which they held for the Dower of the &s;aid <HI>E.</HI></P>
<P>Regi&s;ter, <HI>fol.</HI> 74. again&s;t a Woman, Summon <HI>B.</HI> which was the Wife of <HI>C.</HI> that &s;he be, <HI>&amp;c.</HI> to &s;hew wherefore, <HI>&amp;c.</HI> of the Hou&s;es, <HI>&amp;c.</HI> which &s;he holds for her life, by a Lea&s;e, which <HI>D.</HI> thereof made to the &s;aid <HI>B.</HI> and the afore&s;aid <HI>C.</HI> &s;ometime her Husband, and to the Heirs of the &s;aid <HI>C.</HI></P>
<P>14 <HI>H.</HI> 8. <HI>f.</HI> 12. When the terme of years is ended, the Writ &s;hall be which he held, and where it is during the terme, &s;hall be which he holdeth:</P>
<P>40 <HI>Ed.</HI> 3. <HI>f.</HI> 23. Where the terme pa&s;&s;es, and where the Infant is of full age, it &s;hall be again&s;t the Guardian and Termor, which they held.</P>
<P>41 <HI>Ed.</HI> 3. <HI>fol.</HI> 23. Again&s;t Tenant for life the forme is, which he holds for terme of his life, 40 <HI>Ed.</HI> 3. <HI>f.</HI> 33. 14 <HI>H.</HI> 6. <HI>f.</HI> 14. the &s;ame.</P>
<P>46 <HI>Ed.</HI> 3. <HI>f.</HI> 25. If a Lea&s;e be made to one for life, which grants over his E&s;tate, the VVrit &s;hall &s;ay, (which he holds) but where a Lea&s;e is made for anothers life, and he for who&s;e life dies, the VVrit &s;hall &s;ay, (he held) by <HI>Finchden,</HI> and not denied. And if a Lea&s;e be made to a woman for years, which takes a Husband, before the terme ended, which makes wa&s;te, and the VVife dies, wa&s;te lies again&s;t the Husband for the occupation. See <HI>Brook, Tit.</HI> 47. The &s;ame Law where a Lea&s;e was to the VVoman for life, which takes a Husband, <HI>&amp;c.</HI></P>
<P><HI>Nat. Brev. f.</HI> 36. If Land be let to a &s;ingle VVoman, and &s;he take a Husband, and the Husband makes wa&s;te, and dies, the Wife &s;hall an&s;wer for this wa&s;te; but otherwi&s;e it is where the Land is let to the Husband and his Wife, for terme of their two lives, and the Husband makes wa&s;te, and dies, the wife &s;hall not an&s;wer for that wa&s;te, for it was the folly of the Le&s;&s;or to let that to him, 15 <HI>H.</HI> 3. <HI>Tit.</HI> 133. <HI>Fitzh.</HI></P>
<P><PB N="336" REF="171">Time of <HI>Ed.</HI> 1. <HI>Tit.</HI> 128. <HI>Fitzh.</HI> If a woman Tenant for life take a husband which makes wa&s;te and dies, it &s;eems that the woman &s;hall be charged of that, for that, that the woman agreed to the Lea&s;e after the death of her hu&s;|band, 10 <HI>E.</HI> 3. <HI>Tit.</HI> 17. <HI>&amp; Tit.</HI> 21. <HI>&amp;</HI> 133.</P>
<P>23 <HI>H.</HI> 8. <HI>Tit.</HI> 138. If a &s;ingle woman Tenant for life takes a husband which makes wa&s;te and dies, Action of wa&s;te lies again&s;t the wife; but if a Lea&s;e be made to the husband and the wife, and the husband makes wa&s;te and dies, it is otherwi&s;e, and held there for Law, that if the Termor make wa&s;te, and make his Executors, and dies, the Action of wa&s;te is gone, for it is as a Tre&s;pa&s;&s;e which is a per&s;onal Action which dies with the per&s;on, but if the Executors make the wa&s;te, it lies again&s;t them:</P>
<P><HI>Fitzh. f.</HI> 56. <HI>A.</HI> If a Guardian in Knight-&s;ervice grant over his E&s;tate, and the Grantee makes wa&s;te, the writ of wa&s;te &s;hall be brought again&s;t the Grantee, and not a|gain&s;t the Guardian, but if the Guardian make wa&s;te, and after grant over his E&s;tate, wa&s;te lies again&s;t the Guar|dian, and not again&s;t the Grantee: and &s;o where Tenant for life, or for years, makes wa&s;te, and grants over his E&s;tate, the writ of wa&s;te lies again&s;t him that made the wa&s;te, but wa&s;te &s;hall be alwayes brought again&s;t Tenant in Dower, or Tenant by the Curte&s;ie, notwith&s;tanding their Grant over, <HI>Fitzh.</HI> 550. <HI>Regi&s;ter, fol.</HI> 72.</P>
<P>40 <HI>Ed.</HI> 3. <HI>Tit.</HI> 33. Wa&s;te again&s;t Tenant for life, it is no Plea to &s;ay, that he had nothing in the Tenancy, Day of the writ purcha&s;ed, nor ever after; for if he hath made wa&s;te, and granted his E&s;tate over, yet he &s;hall an&s;wer for this wa&s;te, and though the writ be. (which he holdeth) it is good; and by <HI>Finchden,</HI> wa&s;te is a writ of Tre&s;pa&s;&s;e in his na|ture, and cannot be brought but again&s;t him which is Te|nant when the wa&s;te was made, unle&s;&s;e he be Tenant by the curte&s;ie, or Tenant in Dower, 41 <HI>Ed.</HI> 3. <HI>fol.</HI> 23. <HI>&amp;</HI> 44 <HI>Ed.</HI> 3. <HI>fol.</HI> 21.</P>
<P><HI>Fitzh.</HI> 55. <HI>C.</HI> In wa&s;te again&s;t Tenant in Dower, the Sta|tute need not be rehear&s;ed, nor in wa&s;te again&s;t Guardi|an, but again&s;t Tenant for life, or for years, by Demi&s;e, &s;hall be rehear&s;ed.</P>
<P><HI>Fitzh.</HI> 56. <HI>C.</HI> In wa&s;te again&s;t Tenant by the curte&s;ic without rehear&s;ing the Statute, that is, without, when of the common Councel of our Kingdome of <HI>England,</HI> it is
<PB N="337" REF="171">good, and &s;o it &s;eems it is, if it be rehear&s;ed. Every writ of wa&s;te is to the di&s;-inheriting of him which brought the writ, and for that it &s;hall be &s;hewed in the writ, though the Plaintiff hath Rever&s;ion by the A&s;&s;ignement of the Le&s;&s;or.</P>
<P><HI>Fitzh.</HI> 58. <HI>A.B.C.D.E. Regi&s;ter,</HI> 74. <HI>&amp;</HI> 75. And the writ of wa&s;te is of me, that is, the Plaintiff holds, and for that it is &s;hewed, by A&s;&s;ignement, as 46 <HI>Ed.</HI> 3. <HI>f.</HI> 25. Wa&s;te by the A&s;&s;ignement of the Defendant, <HI>Dd.</HI> that you have it by A&s;&s;ignement, and the Plaintiff &s;hews that he had a Feoff|ment and Livery, &s;aving the terme, and good. Al&s;o it &s;hall be &s;hewed in the writ of who&s;e Demi&s;e the Defendant hath it, that is, as by the Demi&s;e of another. <HI>Fitzh.</HI> 57. <HI>A.B.C.D.E. Regi&s;ter,</HI> 745. that is, for the Plaintiff is to re|cover the place wa&s;ted, 34 <HI>H.</HI> 6. <HI>fol.</HI> 6. <HI>Tit. Wa&s;te Brook</HI> 121.</P>
<P>11 <HI>H.</HI> 6. <HI>f.</HI> 8. If wa&s;te or <HI>(Quare ejecit infra terminum)</HI> be brought, and the terme ends, hanging the writ, the writ &s;hall not abate; for though he cannot recover the place wa&s;ted, he &s;hall recover Damages. Al&s;o if wa&s;te be brought <HI>(Quas tenuit)</HI> after the terme ended, he &s;hall recover Damages, though he do not recover the place wa&s;ted. So where one which holds for terme of anothers life makes wa&s;te, and after he for who&s;e life dies, the Le&s;&s;or &s;hall re|cover Damages, though he do not recover the place wa|&s;ted, <HI>Fitzh.</HI> 60.</P>
<P>10 <HI>H.</HI> 6. <HI>fol.</HI> 8. Wa&s;te, &s;uppo&s;ed, by the writ that the De|fendant hath that by Legacy of one &s;uch ance&s;ter of the Plaintiff, for that, that the cu&s;tome was &s;o that he might devi&s;e, and good.</P>
<P>8 <HI>Ed.</HI> 2. <HI>tit.</HI> 112. Wa&s;te was found in a Hou&s;e, which was principal, and the Plaintiff by Award recovered all the Hou&s;e.</P>
<P>15 <HI>H.</HI> 7. <HI>fol.</HI> 11. By <HI>Fineux,</HI> where a Farmer of a Wood makes wa&s;te in one corner, this onely is forfeited; but if it be in divers places of the Wood, all is forfeited, and the plots in this al&s;o, 15 <HI>Ed.</HI> 3. <HI>Tit.</HI> 108. See the time of <HI>Ed.</HI> 1. <HI>Tit.</HI> 122: VVa&s;te again&s;t Guardian.</P>
<P>4 <HI>Ed.</HI> 6. <HI>Tit.</HI> 136. By <HI>Bromley,</HI> if a man make wa&s;te in hedge-rowes, which inclo&s;e a Pa&s;ture, nothing &s;hall be re|covered but the place wa&s;ted, that is, the circuit of the Root, and not the whole Pa&s;ture, 41 <HI>Ed.</HI> 3. <HI>Tit.</HI> 24. <HI>B.</HI></P>
<P><PB N="338" REF="172"><HI>Fitzh.</HI> 60. <HI>T.</HI> If a Guardian make wa&s;te, and the Heir being within age, bring a writ of wa&s;te, by this the Guar|dian &s;hall loo&s;e the VVard&s;hip, and over that his Dama|ges, to as much as the wa&s;te amounts unto. But if the Heir were of full age, that he loo&s;eth not the VVard&s;hip, then he ought to recover treble Damages, for that that he cannot loo&s;e the VVard&s;hip, according to the Statute of <HI>Gloce&s;ter.</HI></P>
<P>43 <HI>Ed.</HI> 3. <HI>f.</HI> 6. VVa&s;te, it is a good Plea in Barr, that the Hou&s;e fell by Tempe&s;t, and if he covenant to repair that, it is no plea in Covenant.</P>
<P>49 <HI>Ed.</HI> 3. <HI>fol.</HI> 1. VVa&s;te, it is a good Plea, that at the time of the Lea&s;e, that the hou&s;e was weak, and that the great Timbers were rotted, that it fell; for if any the principal Timbers were rotten, it is no wa&s;te, though he covenant to repair it.</P>
<P>8 <HI>H.</HI> 6. <HI>f.</HI> 57. Wa&s;te, it is a good Plea, that the Plaintiff hath entered into the Land, before which Entry, no wa&s;te made.</P>
<P>8 <HI>H.</HI> 5. <HI>f.</HI> 8. Wa&s;te, it is a good Plea, that he &s;urrendred, to which the Plaintiff agreed, before that no wa&s;te made.</P>
<P>9 <HI>H.</HI> 6. <HI>f.</HI> 11. Wa&s;te by the Heir is a good Plea, that the Plaintiff hath an elder Brother which &s;urvived the Plain|tiff, and after died, after who&s;e Death no wa&s;te made, and a good Plea.</P>
<P>44 <HI>Ed.</HI> 3. <HI>f.</HI> 27. Wa&s;te again&s;t a Guardian in Knight-&s;er|vice, who &s;aith, that after the Death of the Ance&s;tor, <HI>J. F.</HI> (abated) again&s;t whom the Defendant recovered in a VVrit of VVard, after which Recovery no wa&s;te made, and it is a good Plea.</P>
<P>12 <HI>H.</HI> 4. <HI>f.</HI> 6. VVa&s;te, it is a good Plea, that that fell be|fore the Lea&s;e.</P>
<P>19 <HI>H.</HI> 6. <HI>fol.</HI> 66. VVa&s;te, that he &s;uffered the Hou&s;e to be uncovered, by which the great Timber rotted; it is no Plea to &s;ay, Day of the VVrit purcha&s;ed, the Hou&s;e was &s;ufficiently repaired; but to &s;ay, after the wa&s;te, and be|fore the VVrit purcha&s;ed, it was &s;ufficiently repaired.</P>
<P>8 <HI>H.</HI> 6. <HI>fol.</HI> 61. VVa&s;te, held where Land is given to the Husband and the VVife, and the Heirs of the VVife, and the Husband di&s;continues in Fee, and takes an E&s;tate for life, and the VVife dies, the Heir of the VVife &s;hall not have wa&s;te, before that he hath purged the Di&s;continu|ance, 8 <HI>H.</HI> 6. <HI>f.</HI> 63.</P>
<P><PB N="339" REF="172"><HI>Fitzh.</HI> 59. E: The heir within age &s;hall have a writ of wa&s;te, again&s;t a Guardian in Socage, 2 <HI>Ed.</HI> 2. <HI>Fitzh.</HI> the &s;ame, <HI>Nat. bre.</HI> 58. If a Guardian in Socage make wa&s;te, the Heir when he cometh to full age, &s;hall have an acti|on of account for that.</P>
<P>14 Ed. 3. <HI>tit.</HI> 107. It &s;eems that wa&s;te lies again&s;t a Guardian in Socage, <HI>tit.</HI> 100. <HI>Fitzh.</HI></P>
<P><HI>Fitzh.</HI> 58. <HI>H.</HI> There is a writ of wa&s;te in the Regi&s;ter, for him in rever&s;ion, again&s;t tenant by <HI>Elegit,</HI> which hath the Lands in execution, but it &s;eems he &s;hall not have wa&s;te, for that, that he may have a <HI>venire facias</HI> to account, and there the wa&s;te &s;hall be recompenced in the debt, but by the action of wa&s;te, he &s;hall recover treble damages, which he &s;hall not have in the account.</P>
<P><HI>Nat. Bre. fol.</HI> 37. wa&s;te doth not lie again&s;t tenant by <HI>Elegit,</HI> nor again&s;t tenant by Stat. Merchant; but if they make wa&s;te account lies, 42 Ed. 2. <HI>tit.</HI> 11. <HI>fol.</HI> If a Lea&s;e be made to one to u&s;e it in the be&s;t way that he can, now he cannot make wa&s;te.</P>
<P>17 E. 3. <HI>tit.</HI> 101. If a Lea&s;e be made to one, &s;o that he may make his profit of that, &amp;c. yet it &s;hall not be intend|ed, &s;uch as common right gives him; for he cannot pull down abou&s;e and make wa&s;te.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Action upon the Ca&s;e.</HEAD>
<DIV3 TYPE="section">
<HEAD>Action upon the ca&s;e in Court baron, and other Court, and fir&s;t for &s;lander.</HEAD>
<P>IT lies for calling one traytor, felon, and robber of the Kings people, and that is to be noted in Iu&s;tice <HI>Seatons</HI> ca&s;e, 30. <HI>A&s;&s;.</HI> 19.</P>
<P>22. Book of <HI>a&s;&s;.</HI> 43. pre&s;entment, that one a is common Malefactor, or a common thief, or a common Baretor, is not certain, and is not good; and &s;o it is thought by divers, to &s;ay that one is a common malefactor, or a common ba|retor: this action doth not lie, for it is too general.</P>
<P>2 <HI>Ed.</HI> 4. <HI>fol.</HI> 5. For calling one villain, it &s;eems that action upon the ca&s;e doth not lie.</P>
<P>17 <HI>Ed.</HI> 4. <HI>fol.</HI> 3. Saith there, that an action upon the ca&s;e doth not lie, for calling the Plaintiff villain without more.</P>
<P><PB N="340" REF="173"><HI>Nat. Bre. fol.</HI> 55. There are two de&s;amations or &s;lan|ders, the one &s;piritual, the other temporal: temporal where he cannot be puni&s;hed by the &s;piritual Law, as to &s;ay that the Plaintiff is out-lawed of murder, con&s;piracy, forging of deeds, <HI>&amp;c.</HI></P>
<P>30 H. 8. <HI>tit.</HI> 104. Lyeth for calling the Plaintiff perjured man; for now perjury is puni&s;hable in our Law by the Statute of 5. <HI>Eliz.</HI> yet inquire, for that it is not in what Court or cau&s;e he was perjured.</P>
<P><HI>Regi&s;ter fol.</HI> 54. For calling the Plaintiff Adulterer or U|&s;urer, Defendant &s;hall be puni&s;hed in the &s;piritual Court, and there doth not lie an action upon the ca&s;e.</P>
<P>4. <HI>Ed.</HI> 6. <HI>tit.</HI> 112. Lies for calling the Plaintiff a fal&s;e Ju&s;tice of Peace.</P>
<P>27 <HI>H.</HI> 8. <HI>fol.</HI> 13. It lies for calling the Plaintiff theif, and inditing him of felony, and note the words of the writ are, that he is hurt in his goods, his name, fame, and condi|tion.</P>
<P>26. H. 8. <HI>fol.</HI> 11. For calling the Plaintiff Thief, and &s;aying that he hath &s;tolen &s;heep of one I. S. It lies.</P>
<P>17 Ed. 4. <HI>fol.</HI> 3. Lies for writing &s;lander in a paper, by which he dur&s;t not go about his bu&s;ine&s;s.</P>
<P>27. <HI>H.</HI> 8. <HI>fol.</HI> 17. For calling the Plaintiff Heretick, and one of a new learning, it doth not lie.</P>
<P>Book of entries <HI>fol.</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">2. A pre&s;ident there, in an action of the ca&s;e, for calling the Plaintiff fal&s;e man; but in|quire if it lies, for there was not there exception taken: and there is there another pre&s;ident for calling the Plaintiff theif, and &s;aying he hath received 20 l. value of his goods.</P>
<P>In the Book of Entries, <HI>fol.</HI> 13. there is another pre&s;i|dent of an action upon the ca&s;e, that a certain Letter or Bill, with divers &s;landering words, and defaming, in the &s;aid Bill or Letter he cau&s;ed to be writ.</P>
<P>It was the opinion in the Kings Bench, that for calling the Plaintiff Rogue, Cozener, or villain, action upon the ca&s;e doth not he; for you &s;hall not have action upon the ca&s;e, for every word of anger reproachful; for it is &s;aid, that <HI>(Scandulum)</HI> is a Greek word, which goes to the over|throwe of one, and for that it hath been thought, that if the words intend to the de&s;truction of the Plaintiff, that he &s;hall have an action upon the ca&s;e, and for that where
<PB N="341" REF="173">the Defendant &s;aith, that the Plaintiff was infected with the robbery of <HI>Jerom, H.</HI> and &s;mels of it, the opinion was, that action upon the ca&s;e for tho&s;e words doth not lie.</P>
<P>Adjudged in <HI>London,</HI> that an action upon the ca&s;e lies brought by <HI>Hu&s;on, Inholder,</HI> for that the Defendant &s;aid fal&s;ely, that he had buryed divers which died of the Plague, in his hou&s;e, in his Garden, when the plague was not in his hou&s;e, by which his gue&s;ts refu&s;ed to come to his hou&s;e.</P>
<P>Al&s;o it was the opinion of the Kings Bench, that an action upon the ca&s;e doth not lie, for calling the Plain|tiff fal&s;e knave.</P>
<P><HI>E&s;&s;ex</HI> in the Kings Bench <HI>Roll.</HI> 149. <HI>Hill. Terme,</HI> 26. <HI>Eliz. Rich. Kerby</HI> Gentlemen, brought his action upon the ca&s;e again&s;t <HI>John Waller,</HI> for &s;aying the&s;e words, that is, thou <HI>Kirby</HI> art a fal&s;e cozening knave, and hath fal&s;ely cozened my two Kin&s;men, <HI>William Walker,</HI> and <HI>Thomas Walker,</HI> Brothers of the &s;aid <HI>William,</HI> of Lands worth 6000 l. the manner of <HI>Py<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">on</HI> in <HI>Rame&s;hold,</HI> and I will bring thee to &s;tand 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.</P>
<P><HI>London, Thomas Gittens</HI> Carpenter, <HI>Anno</HI> 26. brought his action upon the ca&s;e again&s;t <HI>James Redforne</HI> in the Ex|chequer, for &s;aying the&s;e words, <HI>Thomas Gittens</HI> is a co|zening knave, and I have proved him a cozening knave before my Lord Maior of <HI>London,</HI> for &s;elling a <HI>Saphir</HI> for a <HI>Diamond,</HI> and adjudged that it doth not lie.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Action upon the ca&s;e upon a warrant <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">f a thing &s;old, and upon knowledge without wairant.</HEAD>
<P>ACtion upon the ca&s;e lies for &s;elling corrupt wine, and the writ is, knowing it to be corrupt, and warrant is not to purpo&s;e, for it is ordained that none &s;hall &s;ell corrupt victual, if he know it, and &s;o the I&s;&s;ue was, whether it were good and not corrupt. An action upon the ca&s;e lies for &s;elling corrupt victual, if he know it, and &s;o the i&s;|&s;ue was, whether it were good and not corrupt, an action upon the ca&s;e lies for &s;elling &s;o much Cloth and not well fulled, where he warrants it, 11. H. 6. <HI>fol.</HI> 22.</P>
<P><PB N="342" REF="174">Note the u&s;e, where <HI>Mea&s;el Porks</HI> are fold at <HI>Rumford,</HI> to have re&s;titution of his money if they prove Mea&s;el, 9 H. 6. <HI>fol.</HI> 53.</P>
<P>7 H. 4. <HI>fol.</HI> 16. Action upon the ca&s;e lies for &s;elling corrupt wine, knowing, <HI>&amp;c.</HI> the Defendant &s;aith, that he ta&s;ted it, and accepted it for good: the Plaintiff &s;aith, he accepted it for good upon condition, if he liked it, after it came to his hou&s;e, &amp;c.</P>
<P>19 <HI>H.</HI> 6. <HI>fol.</HI> 49. If one &s;ell wine without warranty, if that be corrupt, action upon the ca&s;e lies, for it is prohibi|ted by law, 7. H. 4. <HI>fol.</HI> 76.</P>
<P>13 H. 4. <HI>fol.</HI> 2. If one &s;ell to me a Hor&s;e apparent blind, and warrant him &s;ound of all his Members, and I &s;ee him, I &s;hall have no deceit, for that I might &s;ee it, otherwi&s;e it is of a di&s;ea&s;e within his body, there upon the warrant I &s;hall have deceit. But if one &s;ell a blind hor&s;e, and war|rant him to one that doth not &s;ee him, deceit lies: If one &s;ells to me wine, and I bid my Servant to ta&s;te it, deceit doth not lie if it be corrupt, for that he hath ta&s;ted it.</P>
<P><HI>Fitzh.</HI> 94. <HI>C.</HI> If a man &s;ell a hor&s;e to another, and war|rant him to be &s;ound and good, <HI>&amp;c.</HI> If the hor&s;e be lame or di&s;ea&s;ed, that he cannot work, action upon the ca&s;e lies, And &s;o if one bargain and &s;el to one certain Pipes of wine, and warrant them to be good, and they are corrupt, action upon the ca&s;e lies again&s;t him, and by <HI>Fitzh.</HI> it behoveth that he warrant the hor&s;e, and al&s;o the wine, otherwi&s;e action upon the ca&s;e doth not lie, inquire of the wine.</P>
<P><HI>Fitzh.</HI> 98. <HI>K.</HI> If a man &s;ell Clothes and warrant them to be of a certaine length, if they be not of &s;uch a length, he he which buyes them &s;hall have a Writ of Deceit again&s;t him, but if the warranty be made after the bargain, is o|therwi&s;e.</P>
<P>11 <HI>Ed.</HI> 4. <HI>fol.</HI> 7. Where one &s;ells Clothes and warrants them to be of &s;uch a length, and they are not, deceit lies, for he could not know but by mea&s;ure, and he beleeved him, but it is &s;aid, if he warrant Seeds to grow that is in Cod, or that a Hor&s;e &s;hall carry one ten miles in two houres which is to come, or warrant Cloth to be murrey where it is blue and &s;ee it, deceit doth not lye, but if he warrant Cloth to be of &s;uch a Country when it is not, de|ceit lies.</P>
<P><PB N="343" REF="174">11 <HI>R.</HI> 2. <HI>Statham,</HI> If one &s;ell a Hor&s;e, knowing him to be lame, and warrant him to be &s;ound, the Defendant &s;aith that he &s;old him &s;ound, without that, that he warranted him.</P>
<P>31 <HI>H.</HI> 6. <HI>fol.</HI> 11. <HI>Statham,</HI> If one &s;ell a Hor&s;e, knowing him to be lame and do not warrant him, action upon the ca&s;e doth not lye.</P>
<P>20 H. 6. <HI>fol.</HI> 37. By <HI>Pa&s;ton,</HI> and not denied, if a man &s;ell a hor&s;e which hath a di&s;ea&s;e, the Buyer may have action upon the ca&s;e, that the Defendant knowing his Hor&s;e to be di&s;ea&s;ed; &s;old him, though he do not warrant him to be &s;ound; notwith&s;tanding it &s;eems otherwi&s;e, where the Buy|er may &s;ee the di&s;ea&s;e, by looking upon him as a &s;plint, a &s;pavin, or an eye.</P>
<P>9 H. 7. <HI>f.</HI> 22. If one &s;ell a thing, and warrant that at the &s;ame time, he may have deceit, notwith&s;tanding that he hath not paid the Money, for that, that he might have debt at his plea&s;ure for the Money.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Action upon the ca&s;e for co&s;enage and deceiving of one.</HEAD>
<P>ACtion upon the ca&s;e was brought again&s;t <HI>W. C.</HI> for that the Defendant took eight Oxen of <HI>J.S.</HI> and offered to &s;ell them to the Plaintiff as his proper Goods, and by this &s;al&s;ity the Plaintiff tru&s;ting to the hone&s;ty of the Defendant bought them, and paid &s;even pound, and after the owner tooke the Oxen, by which the Plain|tiffe lo&s;t the Oxen by this fal&s;ity to his wrong and dama|ges, <HI>&amp;c.</HI> Book of A&s;&s;. 8.</P>
<P>20 H. 6 <HI>fol.</HI> 25. Deceit was brought, for that the De|fendant was his Attorney, and ought to have taken an Obligation of J.S. for a hundred pound to the Plaintiff, and he took it to him&s;elfe; and it is &s;ayd, he ought to de|clare that he took a Fee of him: And &s;o lyeth an Action upon the Ca&s;e for &s;uch Co&s;enage and Deceits: VVhich note.</P>
<P>9 E. 4. <HI>fol.</HI> 12. By <HI>Littleton,</HI> Debt again&s;t two, as Exe|cutors, and one is no Executor, nor never admini&s;tred, <HI>&amp;c.</HI> Yet he acknowledged the Action, and the other made default, the Plaintiffe recovers, the other hath no remedy but an Action of Deceit; that is, Upon the Ca&s;e, for he is party to the Judgement.</P>
<P><PB N="344" REF="175">42 <HI>Ed.</HI> 3. <HI>f.</HI> 14. Con&s;piracy in the nature of an Action up|on the ca&s;e was brought again&s;t three, which con&s;pired to make one of them Attorney for the Plaintiff, and to plead as they plea&s;ed, and &s;o to cau&s;e the Plaintiff to be found a Villain to one of the Defendants, and it lies, 26. <HI>Book of A&s;&s;i&s;es</HI> 62.</P>
<P>47 <HI>Ed.</HI> 3. <HI>f.</HI> 15. Action upon the ca&s;e lies in nature of a Con&s;piracy, for that the Defendant procured and cau&s;ed a fal&s;e Office to be found, by which the Mannour of the Plaintiff was &s;ei&s;ed into the Kings hands, <HI>Tit. Con&s;piracy,</HI> 8. <HI>B.</HI> See 27. <HI>Book of A&s;&s;i&s;es</HI> 73. <HI>Fitzh.</HI> 114. <HI>D.</HI></P>
<P>43 <HI>Ed.</HI> 3. <HI>f.</HI> 20. Deceit, for that the Defendant procure <HI>J. S.</HI> to bring a <HI>Formedon</HI> again&s;t the Plaintiff by Collu&s;i|on, by which he was travell by the Suit, and brought a Writ of <HI>Warrantia Chartae</HI> in defence of that, and it lies.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where an Action upon the Ca&s;e lies for a thing pawned, and for a thing borrowed, and where not.</HEAD>
<P>ACtion upon the Ca&s;e doth not lie, for riding his Hor&s;e which he had hired of the Plaintiff, which was weary, &s;o that he had no &s;ervice of him by &s;ix Dayes, for wearine&s;&s;e is natural after labor, and for that he ought to &s;hew &s;ome Fault in the Defendant, if he will have that Action.</P>
<P><HI>Fitzh.</HI> 86. <HI>C.</HI> If one borrow certain Money, and deliver certain of his Goods in pawn for it, and he offers the Mo|ney to the party again, and prayes Delivery of his Pawn, and the other refu&s;e it, he &s;hall have an Action upon the Ca&s;e for the Pawn.</P>
<P>40 <HI>Ed.</HI> 3. <HI>f.</HI> 6. If I borrow a Hor&s;e, and he dies &s;uddenly, and not by my default, I &s;hall not be charged to re&s;tore a dead Hor&s;e.</P>
<P><HI>Doct. &amp; Student. f.</HI> 29. If one u&s;e the thing borrowed, in other manner then to what it was borrowed, he &s;hall be charged, if they peri&s;h in any manner: but if he u&s;e them as they were lent, if they peri&s;h not through his default which borrowed them, the Owner &s;hall bear the lo&s;&s;e.</P>
<P><HI>Doct. &amp; Student. fol.</HI> 128. If a man borrow a Hor&s;e, and puts him in a hou&s;e which fals upon him, if it were &s;trong and not feeble to fall, he &s;hall be di&s;charged, otherwi&s;e it is, if it were weak.</P>
<P><PB N="345" REF="175">21 <HI>Ed.</HI> 4. <HI>Tit.</HI> 42. Detinue of Goods, <HI>Br.</HI> Detinue of a Hor&s;e, it is a good Plea, that at the time of the Delivery, the Hor&s;e was &s;ick of divers Di&s;ea&s;es, as Botts, Glanders, and &s;uch like, by which he died at <HI>D.</HI> &s;uch a day and year, before reque&s;t made by the Plaintiff to re-deliver him, and it is a good Plea, contrary if he do not &s;ay, it was before reque&s;t, for if it were after reque&s;t, that had been the folly of the Defendant.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where Action upon the Ca&s;e lies, or Detinue, and where Tre&s;pa&s;s, and where not.</HEAD>
<P>IF the Le&s;&s;or will not di&s;charge his Farmer of a Tenth, or of a Fifteenth, or of Quit-rent, which are due by the Le&s;&s;or, and the Farmer pay it, yet he cannot keep that back in the payment of his Rent, but &s;hall have an Acti|on upon the Ca&s;e, 21 <HI>H.</HI> 7. <HI>f.</HI> 12.</P>
<P>7 <HI>H.</HI> 4. <HI>fol.</HI> 3. If the Te&s;tator hath my Goods among&s;t his Goods, and dies, Tre&s;pa&s;&s;e by force and Arms doth not lie again&s;t his Executors for the&s;e Goods, but Detinue in an Action upon the Ca&s;e: and if one finde my Goods, Tre&s;|pa&s;&s;e doth not lie again&s;t him, but Detinue, or an Action upon the Ca&s;e.</P>
<P>12 <HI>Ed.</HI> 4. <HI>f.</HI> 10. If one take my Bea&s;ts, and another take them from him, I &s;hall not have Tre&s;pa&s;&s;e again&s;t the &s;e|cond, but Action upon the Ca&s;e, 21 <HI>Ed.</HI> 4. <HI>fol.</HI> 89. the &s;ame.</P>
<P>13 <HI>Ed.</HI> 4. <HI>fol.</HI> 9. If Goods be delivered to one, he cannot be a Tre&s;pa&s;&s;or of them, but a Detinue lies of them.</P>
<P>18 <HI>Ed.</HI> 4. <HI>f.</HI> 28. VVhere one hath Goods by my Delive|ry, I &s;hall not have Tre&s;pa&s;&s;e, but Action upon the Ca&s;e, and Count of mi&s;-u&s;ing of them.</P>
<P>46 <HI>Ed.</HI> 3. <HI>fol.</HI> 15 Tre&s;pa&s;&s;e, if the Defendant &s;aith, that the Goods were thrown into the Sea by a Tempe&s;t, for &s;afeguard of the Ship, and he took them, and Tre&s;pa&s;&s;e doth not lie again&s;t him, for that they were not taken out of the po&s;&s;e&s;&s;ion of the Plaintiff.</P>
<P>21 <HI>H.</HI> 7. <HI>f.</HI> 39. By <HI>Fineux</HI> and <HI>Tremail,</HI> if I deliver Goods to a man, and he gives them, or &s;els them to a &s;tranger, if the &s;tranger takes them without Delivery, I &s;hall have a VVrit of Tre&s;pa&s;&s;e; but if he makes Delivery to the &s;tran|ger of them, I &s;hall have no Tre&s;pa&s;&s;e.</P>
<P><PB N="346" REF="176"><HI>Littleton, fol.</HI> 14. If I deliver to one my Sheep to dung his Land, or my Oxen to plow his Land, and he kils my Bea&s;ts, I &s;hall have Tre&s;pa&s;&s;e, that is to be intended Tre&s;|pa&s;&s;e upon the Ca&s;e, and not Tre&s;pa&s;&s;e by force of Armes. See 2 <HI>Ed.</HI> 4. <HI>f.</HI> 5. <HI>in Parco fracto.</HI></P>
<P>18 <HI>Ed.</HI> 4. <HI>fol.</HI> 23. In Action upon the Ca&s;e, where he counts of mi&s;-u&s;ing of a thing delivered to the Defen|dant, or converting it to his own u&s;e, is to recover Dama|ges for the thing, and where one will recover the thing it &s;elf, he &s;hall have Detinue.</P>
<P>7 <HI>Ed.</HI> 4. <HI>f.</HI> 4. Where one comes to Goods lawfully, as by Delivery, Tre&s;pa&s;&s;e doth not lie again&s;t him, but De|tinue.</P>
<P>12 <HI>E.</HI> 4. <HI>f.</HI> 8. A man &s;hall not have tre&s;pa&s;&s;e general, that is, by force of Armes, again&s;t him that mi&s;-u&s;es a Licen&s;e in Deed, as to ride a Hor&s;e twenty Miles, where he borrow|ed the Hor&s;e but for ten Mile; but he &s;hall have an Action upon the ca&s;e; contrary, if one mi&s;-u&s;e a Licen&s;e in Law, as to enter into a Tavern, there he &s;hall have Tre&s;pa&s;&s;e, by force of Armes, 21 <HI>Ed.</HI> 4. <HI>f.</HI> 76. the &s;ame.</P>
<P>18 <HI>Ed.</HI> 4. <HI>f.</HI> 2. If my Bailiff kill my Kine, Tre&s;pa&s;&s;e by force of Armes doth not lie, but an Action upon the Ca&s;e.</P>
<P>21 <HI>Ed.</HI> 4. <HI>fol.</HI> 22. Action upon the Ca&s;e lies again&s;t <HI>J. S.</HI> Officer of the Kings Bench, for that that the Plaintiff af|firmed a Plaint of Debt again&s;t <HI>J. D.</HI> in <HI>London,</HI> the &s;aid <HI>J. S.</HI> purcha&s;ed a <HI>Super&s;edeas</HI> of Priviledge for <HI>J. D.</HI> &s;up|po&s;ing that he was his Servant.</P>
<P>2 <HI>H.</HI> 4. <HI>f.</HI> 19. Action upon the Ca&s;e by the Neighbour of a fire, lies, that according to the Law and cu&s;tome of the Realm of <HI>England, &amp;c.</HI> that every one &s;hall keep his fire, lea&s;t by his fire any lo&s;&s;e &s;hould come to his Neighbours.</P>
<P>42 <HI>Ed.</HI> 3. <HI>fol.</HI> 11. Action upon the ca&s;e lies, where throughout the whole Realm of <HI>England</HI> it was a cu&s;tome, that the Ho&s;t &s;hould keep the Goods that their Gue&s;ts brought into their Hou&s;e, if it be a common Inn, and &s;hould be charged, though they were not delivered, and though that the key of his Chamber were delivered to the Gue&s;t, 22 <HI>H.</HI> 6. <HI>f.</HI> 24. 2 <HI>H.</HI> 4. <HI>f.</HI> 8. 14 <HI>H.</HI> 4. <HI>f.</HI> 43. <HI>Fitzh. f.</HI> 94. <HI>B.</HI> 11 <HI>H.</HI> 4. <HI>f.</HI> 43.</P>
<P>28 <HI>H.</HI> 6. <HI>f.</HI> 7. Action upon the ca&s;e lies, for that, that the Dog of the Defendant worried the Sheep of the Plaintiff,
<PB N="347" REF="176">he knowing his Dog to be accu&s;tomed to worry Sheep, and it is no Plea for the Defendant that he did not know, By <HI>Moyl,</HI> but he ought to an&s;wer, that he did not worry the Sheep.</P>
<P>41 <HI>Ed.</HI> 3. <HI>fol.</HI> 24. If a man ought to grinde his Corne at the Mill of the Defendant without paying Tole, and the Miller take Tole, tre&s;pa&s;&s;e by force of Armes lyes, and &s;o it is &s;aid where he takes more Tole then he ought, but if one hinder people to come to my Market, Action upon the ca&s;e lies.</P>
<P>13 H. 4. <HI>f.</HI> 12. Action upon the ca&s;e lies, for that, that he hath a Leet in the Mannor, Eyer and Court, from three weeks, <HI>&amp;c.</HI> There hath the Defendant held Court within the &s;ame Mannor, and hath di&s;trained his Tenants by great and often di&s;tre&s;&s;e, and hath impoveri&s;ht them, that they cannot pay their Rent, <HI>Fitzh.</HI> 94. <HI>E.</HI> the &s;ame.</P>
<P>33 H. 6. <HI>f.</HI> 16. Action upon the ca&s;e lies, where his Ste|ward comes to hold a Leet, and the Defendant di&s;turbs him.</P>
<P>11 H. 4. <HI>fol.</HI> 45. Schoole-Ma&s;ter &s;hall not have an action of the ca&s;e again&s;t another, for &s;etting up another School, that he cannot have &s;o many Schollars as he had before, for the profe&s;&s;ion is free, and is for the Common-wealth: the &s;ame law of erecting a Mill upon his own land, though the Plaintiffs Tole be dimini&s;hed, he &s;hall not have an a|ction upon the ca&s;e, 22 H. 6. <HI>f.</HI> 14. <HI>Mill levied.</HI></P>
<P>48 <HI>Ed</HI> 3. <HI>f.</HI> 25. Action upon the ca&s;e lies again&s;t Tenant at will which makes wa&s;t, or burning a Hou&s;e willingly, and not an action of wa&s;te, <HI>Lit.</HI> 14. 21 H. 6. <HI>fol.</HI> 43.</P>
<P>7 H. 4. <HI>f.</HI> 8. Action upon the ca&s;e lies, for that, that the Defendant ought to repaire a certaine wall upon the Thames, and doth it not, by which the land of the Plaintiff is drowned, <HI>Fitzh.</HI> 93. <HI>E.</HI> the &s;ame.</P>
<P>7. H. 4. <HI>fol.</HI> 16. Account doth not lye again&s;t a Bailiff, or Servant for driving his Plow, in which default the Bea&s;ts peri&s;hed, but an action upon the ca&s;e lyes for his negligence, for default of good keeping.</P>
<P>2 H. 7. <HI>f.</HI> 11. Action upon the ca&s;e lies for negligent keeping my Sheep, and the &s;ame Law for negligent carrying my Pots, or gla&s;&s;e; and where one keeps my Hor&s;e, and &s;tarves him for Meat.</P>
<P>7 H. 4. <HI>f.</HI> 45. Action upon the ca&s;e lies by the Lord of <HI>B.</HI>
<PB N="348" REF="177">again&s;t him which bought and &s;old in the Market of <HI>B.</HI> without paying Tole, and though the VVrit was <HI>(Tollenam a&s;portavit)</HI> yet it was al&s;o, and he denied to pay it, and for that it was awarded good, for the fir&s;t words are void and the la&s;t &s;ufficient.</P>
<P>11 <HI>H.</HI> 4. <HI>f.</HI> 25. If a way belonging, <HI>&amp;c.</HI> be &s;topped, A&s;&s;i&s;e of Nu&s;ance lies, but for &s;topping of a way ingro&s;&s;e he &s;hall not have an A&s;&s;i&s;e of Nu&s;ance, but action upon the ca&s;e.</P>
<P>14 <HI>H.</HI> 8. <HI>f.</HI> the la&s;t, VVhere part of a River, or way is &s;topt which is narrow, action upon the ca&s;e lies, and where the whole, an A&s;&s;i&s;e of Nu&s;ance, an action upon the ca&s;e lies where he hath no other remedy.</P>
<P>11. <HI>Ed.</HI> 4. <HI>f.</HI> 23. It &s;eems there that a good Pleader, may frame actions upon the ca&s;e for many matters which are in the Chancery.</P>
<P>26 <HI>Book of A&s;&s;.</HI> 79. Action of the ca&s;e lies again&s;t the She|riff which qua&s;hed an E&s;&s;oyne erroniou&s;ly, for fal&s;e Judg|ment doth not lye unle&s;&s;e it were Judgement of the Sui|tors.</P>
<P><HI>Fitzh.</HI> 114. <HI>D.</HI> If one Per&s;on of his malice, and by his fal&s;e imagination, labour and cau&s;e another to be iudicted fal&s;ly, the party which is &s;o indicted &s;hall not have a Writ of con&s;piracy, but an action upon the ca&s;e again&s;t him which cau&s;ed him to be &s;o indicted.</P>
<P><HI>Fitzh.</HI> 95. <HI>D.</HI> If one play with others at Dice, and hee hath fal&s;e Dice, and wins Money of others with fal&s;e Dice, Action upon the Ca&s;e lyes for this deceit.</P>
<P>13 <HI>H.</HI> 7. <HI>fol.</HI> 26. Action upon the Ca&s;e lyes, where one hath a Water-cour&s;e by Pre&s;cription, to Brew, and water Bea&s;ts, there hath the Defendant made Lime-pits, <HI>&amp;c.</HI> 4 <HI>Book of A&s;s.</HI> 3. See Nu&s;ance for <HI>Lever Tozaile</HI> to the an|noyance of the Free-hold.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Action upon the Ca&s;e for mi&s;-u&s;ing an Officer in his Office.</HEAD>
<P>ACtion upon the Ca&s;e lyes again&s;t a Sheriffe, where the Plaintiffe hath Charter of exception, that he &s;hall be impannelled upon no Jury, and &s;hews that to the She|riff, and yet he impannels him, 18 <HI>H.</HI> 8. <HI>fol.</HI> 5.</P>
<P>21 <HI>H.</HI> 7. <HI>fol.</HI> 22. by <HI>King,</HI> Where the Sheriffe &s;erves a <HI>(Fieri facias)</HI> and levies the &s;um, and doth not returne
<PB N="349" REF="177">the Writ, the party may have tre&s;pa&s;&s;e again&s;t him for le|vying that; the &s;ame Law, if by a <HI>(Capias)</HI> the Sheriffe arre&s;t one, and doth not returne the Writ, fal&s;e Impri|&s;onment lyes, 20 <HI>H.</HI> 7. <HI>fol.</HI> 13. 21 <HI>H.</HI> 6. <HI>tit.</HI> 6. <HI>B.</HI></P>
<P>6 <HI>H.</HI> 6. <HI>Tit.</HI> 9. Tre&s;pa&s;&s;e upon the Ca&s;e was brought again&s;t an E&s;cheator, becau&s;e he found an Office, that the party held of J. S. and he returned an Office, That the party held the moity of the King in Cheife, and by the Court it lyes, for he and the Sheriff are Officers of Record, but not Ju&s;tices of Record; for there it was a|greed that an Action doth not lye again&s;t a Ju&s;tice of Re|cord, 9 <HI>H.</HI> 6. <HI>fol.</HI> 60. the &s;ame, 12 <HI>H.</HI> 6. <HI>fol.</HI> 3.</P>
<P>47 <HI>Ed.</HI> 3. <HI>fol.</HI> 15. Con&s;piracy, in the nature of an Acti|on upon the Ca&s;e, was brought for that, that the Defen|dant procured, and cau&s;ed a fal&s;e Office to be found, by which the Mannor was &s;ei&s;ed into the Kings hands, and he &s;ued that out to the Lo&s;&s;e.</P>
<P>21 <HI>Ed.</HI> 4. <HI>fol.</HI> 43. If the Sheriffe upon a Writ of &s;econd deliverance, makes deliverance to the Plaintif of the di|&s;tre&s;&s;e, and will not returne the Writ, &s;o that the Defen|dant may con&s;traine the Plaintif to come and count, &s;o that he may avow; the Defendant &s;hall have remedy a|gain&s;t the Sherif, and this &s;eems, by an Action upon the Ca&s;e.</P>
<P>8 H. 6. <HI>fol.</HI> 1. Where in <HI>Precipe,</HI> the Sherif returnes a Summons, where he was not &s;ummoned, by which hee loo&s;es his Land, Action upon the Ca&s;e lyes again&s;t the Sherif: See that deceit lyes.</P>
<P>19 H. 6. <HI>fol.</HI> 29. Action upon the Ca&s;e lyes again&s;t the Sherifs Deputy, for imbezzeling a Writ of <HI>(Habeas corpora)</HI> and it lyes as well again&s;t him that &s;tirrs up ano|ther to doe it, as again&s;t a doer.</P>
<P>16 H. 6. <HI>tit.</HI> 38. by <HI>Pa&s;ton,</HI> If the Sherif returne a man &s;ufficient, upon a <HI>Venire facias,</HI> by which the next Sherif i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> charged of the I&s;&s;ues, he &s;hall have an Action upon the Ca&s;e again&s;t the Predece&s;&s;or, for he cannot returne <HI>nihil</HI> again&s;t the returne of his Predece&s;&s;or.</P>
<P>1 H. 6. <HI>fol.</HI> 1. <HI>Precipe,</HI> Where the Tenant loo&s;eth his Land, by default upon a fal&s;e returne of the Sherif, as he returnes the Tenant &s;ummoned, where he was not, de|ceit lyes, but if the Summoners were dead, Action upon the Ca&s;e lyes.</P>
<P><PB N="350" REF="178">38 <HI>Book of A&s;s.</HI> 13. Action upon the Ca&s;e lyes again&s;t the Sherif, where he made a Precept to one, which was no Bailif of the Franchi&s;e, which returnes a Jury, by which this was qua&s;ht to the damages, <HI>&amp;c.</HI></P>
<P>41 <HI>Book of A&s;s.</HI> 12. Deceit in the nature of an Action upon the Ca&s;e, lyes again&s;t the Sherif, for that, that one was outlawed at his Suit, and that the Defendant then Sheriff, would not return the VVrit to the lo&s;&s;e, <HI>&amp;c.</HI></P>
<P>30 <HI>Book of A&s;&s;.</HI> 5. VVhere the Bailiff of a Franchi&s;e re|turnes a Pannell to the Sheriff, and returnes another Pan|nell of him&s;elf, this &s;hall not be outed at the reque&s;t of the Bailif, but they &s;hall have their action of the ca&s;e again&s;t the Sherif.</P>
<P>11 <HI>H.</HI> 6. <HI>f.</HI> 18. If a Lawyer be retained to looke over evi|dence, and after he di&s;covers that to another per&s;on, by which, <HI>&amp;c.</HI> Action upon the ca&s;e lies again&s;t him; con|trary if he &s;hew him his evidence, and do not retaine him.</P>
<P>15 <HI>H.</HI> 7. <HI>f.</HI> 14. By <HI>Fro:</HI> VVhere an Attorney appeares for a man without authority, and Imparles, where he might have pleaded mi&s;naming, and by this hath lo&s;t the advan|tage of this Plea; Action upon the Ca&s;e lyes again&s;t him, for that, that he appears without authority.</P>
<P>9 <HI>Ed.</HI> 4. <HI>tit.</HI> 118. <HI>B.</HI> Where a Guardian pleads fal&s;ly for an Infant, or vouches one which is not &s;ufficient to render in value to the Infant, the Infant &s;hall have a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Action of Deceit.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Action upon the Ca&s;e again&s;t Executors.</HEAD>
<P>ACtion upon the Ca&s;e was brought again&s;t the Execu|tors of J. D. and Count that J. S. bought things of the Plaintif, and J. D. undertook, if he payd not at the day, he would, and counts that he had A&s;&s;ets &s;ufficient to pay all his Debts and Legacies, and &s;ufficient to con|tent him, and it lyes: Note, J. D. did not make the bar|gaine and contract, but undertook for J. S. and upon A&s;|&s;ump&s;it he could not wage his Law, 12 H. 8. <HI>fol.</HI> 12.</P>
<P>27 <HI>H.</HI> 8. <HI>f.</HI> 29. Where <HI>Tatam</HI> was in execution, the De|fendant &s;aith, if he would di&s;charge him out of execution, that &s;uch a Day he would pay him, if <HI>Tatam</HI> could not: the &s;ame Law, if he &s;aith to a Baker, Deliver <HI>Tatam</HI> &s;o
<PB N="351" REF="178">much Bread, and if he do not pay you &s;uch a Day, I will pay you; Debt doth not lie again&s;t me upon this Promi&s;e, but an Action upon the Ca&s;e.</P>
<P>27 <HI>H.</HI> 8. <HI>f.</HI> 27. It &s;eems if a man be indebted upon a &s;im|ple Contract, leaves A&s;&s;ets, and dies, the Action upon the Ca&s;e doth not lie again&s;t the Executors, for the Te&s;tator might have waged his Law, but he &s;hall have a <HI>Quo minus</HI> in the Exchequer.</P>
<P>15 <HI>Ed.</HI> 4. <HI>f.</HI> 15. Where the Te&s;tator may wage his Law, as in Debt of Contract made by him, and borrowed, Debt doth not lie again&s;t his Executor.</P>
<P><HI>Plowd. Com. f.</HI> 181. Action upon the Ca&s;e was brought by <HI>Richard Norwood,</HI> again&s;t the Executor of <HI>Tho: Gray,</HI> and counts that the Te&s;tator in con&s;ideration of forty &s;hil|lings to him paid, undertook to deliver to the Plaintiff cer|tain Corn at a Certain Day, and did not; and counts that the Goods and Chattels of the &s;aid <HI>Tho: Gray</HI> the Te&s;ta|tor, at the time of his Death were &s;ufficient to &s;atisfie, as well all the Debts which the &s;aid <HI>Tho: Gray</HI> did owe to any per&s;on, or to any per&s;ons, at the time of his Death, as to &s;atisfie the Plaintiff for the &s;aid forty &s;hillings; and ad|judge that this Action lies again&s;t the Executors. And if an Action upon the Ca&s;e be brought again&s;t Executors up|on a &s;imple Contract, if the have no A&s;&s;ets but to pay Spe|cialties, they may plead that, and &s;hall not be charged.</P>
<P>4 <HI>Ed.</HI> 3. <HI>chap.</HI> 7. is, That an Executor &s;hall have Tre&s;|pa&s;&s;e of Goods carryed away in the life of the Te&s;tator, or before: an Action per&s;onal dies with the per&s;on.</P>
<P>7 <HI>H.</HI> 4. <HI>fol.</HI> 8. Executors &s;hall have <HI>Eiectione firme</HI> by the equity of the Statute.</P>
<P>23 <HI>H.</HI> 8. <HI>Tit.</HI> 138. Wa&s;te, if a Termor make wa&s;te, and makes Executors, and dies, the Action of wa&s;te is gone, for it doth not lie again&s;t Executors, but for wa&s;te made by them.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Action upon the Ca&s;e, for not performing his Promi&s;e, and <HI>A&s;&s;ump&s;it,</HI> and the place, and how, where it &s;hall be traver&s;ed.</HEAD>
<P>WHere a man makes a promi&s;e, or an A&s;&s;umption to doe a thing, and doth it not, and there is no &s;pecialty of that promi&s;e, he &s;hall have an Action upon
<PB N="352" REF="179">the Ca&s;e, and not a Covenant, for that it was not by &s;pe|cialty; as for a hundred pound paid, the Defendant bar|gained, and &s;old his Land to the Plaintiff, and promi&s;ed to infeoff him, and infeoffs another per&s;on, he &s;hall have Deceit, or Action upon the Ca&s;e, 20 <HI>H.</HI> 6. <HI>f.</HI> 36.</P>
<P>3 <HI>H.</HI> 7. <HI>f.</HI> 14. Action upon the Ca&s;e, and counts that the Defendant for 10. <HI>l.</HI> took upon him to labor for the Plain|tiff to <HI>J.S.</HI> that <HI>J. S.</HI> &s;hould let the Mannor of <HI>D.</HI> to him, and counts that the Defendant hath taken that to him|&s;elf, the Action lies: &s;o if he undertake for 10. <HI>l.</HI> paid, to infeoff him, and infeoffs another, for this mi&s;-doing, an Action of the ca&s;e lieth, 2 <HI>H.</HI> 7. <HI>f.</HI> 12. the &s;ame.</P>
<P>48 <HI>Ed.</HI> 3. <HI>f.</HI> 6. Action of the Ca&s;e lies again&s;t him which took upon him to cure the Plaintiff of a Wound, and did not, and by his negligence the Plaintiff was wor&s;e.</P>
<P>3 <HI>H.</HI> 6. <HI>f.</HI> 37. Action upon the Ca&s;e, and counts that the Defendant took upon him to make a Mill before &s;uch a Day, and did not, but held that he ought to have counted what he &s;hould have, for it &s;hall be <HI>Quid pro quo,</HI> and o|therwi&s;e the Action doth not lie.</P>
<P>2 <HI>H.</HI> 4. <HI>f.</HI> 4. Action upon the Ca&s;e, and counts that the Defendant took upon him to make him a Hou&s;e, and it &s;eems it doth not lie, I conceive that was, for that he doth not count what he &s;hould have for doing it, 11 <HI>H.</HI> 4. <HI>fol.</HI> 31.</P>
<P>14 <HI>H.</HI> 6. <HI>fol.</HI> 19. Action upon the Ca&s;e, where one had bargained to him certain Land for a certain &s;umm, and undertook that a &s;tranger relea&s;ed unto him. Where a Carpenter covenants to make to me a Hou&s;e, or a Chyrur|geon takes upon him to cure me of my Hurts, and they do not, for this not doing, it &s;eems, an Action upon the Ca&s;e lies.</P>
<P>21 <HI>H.</HI> 6. <HI>f.</HI> 63. If one for ten Markes bargaine with the Plaintif for two Pipes of Wine, and undertake to deliver them at <HI>D.</HI> and did not, an Action upon the ca&s;e lies, though that &s;ounds in Covenant, for that there is no &s;pe|cialty, and the &s;ame Law is of all other bargaines; and by <HI>Pa&s;ton,</HI> bargained, &s;old, or bought: It is no diver&s;ity to one or the other.</P>
<P>19 <HI>H.</HI> 6. <HI>f.</HI> 49. Action upon the ca&s;e that the Defendant a&s;&s;umed upon him to cure his Hor&s;e of a certain Di&s;ea&s;e, and that be negligently, and carele&s;ly applied Medicines, that the Hor&s;e dyed, and it lies.</P>
<P><PB N="353" REF="179">26 <HI>H.</HI> 8. <HI>Tit.</HI> 133. Action upon the Ca&s;e, that the Plaintiff delivered Goods to the Defendant, and the Defendant for ten &s;hillings undertook to keep them &s;afe, and did not, to the lo&s;&s;e, <HI>&amp;c.</HI> The Defendant &s;aith, that he had them not by the Delivery of the Plaintiff, good by <HI>Fitzh.</HI> and <HI>Shelley.</HI></P>
<P>34 H. 8. <HI>Tit.</HI> 107. Action upon the Ca&s;e in <HI>London,</HI> and counts that he was Po&s;&s;e&s;&s;or of Wine and Stuff, and &s;howed that certain in &s;uch a Ship. The Defendant at <HI>London</HI> a&s;&s;umed for ten pounds, that if the Ship and Goods did not come &s;afe to <HI>London,</HI> and are there landed, that then he would &s;atisfie a hundred pounds to the Plaintiff; and that afterwards the Ship was robbed upon Trade, on the Sea; and for not &s;atisfaction, he brought his Action; the Plaintiff doth not &s;hew where he was po&s;&s;e&s;&s;ed, and yet good, and the truth was, that the Bargain was beyond Sea, and not in <HI>London.</HI> But where the place is not local, it is not material, and though he were robbed upon the main Sea, the Action lies in <HI>London</HI> upon the <HI>A&s;&s;ump&s;it.</HI> See after <HI>fol.</HI> 1.</P>
<P>19 H. 6. <HI>f.</HI> 49. Action upon the Ca&s;e, that the Defendant at <HI>London</HI> took upon him to cure his Hor&s;e, and that care|le&s;ly he gave him a Medicine that the Hor&s;e died: the Defendant &s;aith, that at <HI>Oxford</HI> in the County of <HI>Oxford,</HI> he took to cure his Hor&s;e, which &s;aith, without that, that he undertook at <HI>London,</HI> and held a good Plea.</P>
<P>3 H. 4. <HI>f.</HI> 4. Deceit in Land of that, that the Defendant there did undertake, that the Lord &s;hould cau&s;e him, to have certain Copy-hold of the Mannour of <HI>D.</HI> in the County of <HI>Middle&s;ex,</HI> and he a&s;&s;ured that to others, and &s;aith, that he might be &s;ued where the <HI>A&s;&s;ump&s;it</HI> was, or where the Land is. Inquire.</P>
<P>11 H. 4. <HI>fol.</HI> 4. Tre&s;pa&s;&s;e by Executors in <HI>Middle&s;ex,</HI> of Money taken in the life of the Te&s;tator: the Defendant &s;aith, that the Te&s;tator was indebted unto him, and de|livered that to him in <HI>London,</HI> in the name of Pay|ment, <HI>&amp;c.</HI> and it is no An&s;wer to the Tre&s;pa&s;&s;e in <HI>Middle|&s;ex,</HI> but he &s;hould &s;ay, without that, that you took it in <HI>Middle&s;ex,</HI> as the Plaintiff &s;uppo&s;e, and is good, 7 H. 6. <HI>f.</HI> 37. <HI>&amp;</HI> 22 <HI>Ed.</HI> 4. <HI>f.</HI> 38. the &s;ame.</P>
<P>4 H. 6. <HI>fol.</HI> 12. Tre&s;pa&s;&s;e of a Clo&s;e broken in <HI>D.</HI> Defen|dant ju&s;tifies in <HI>S.</HI> for Common appendant, and ought to
<PB N="354" REF="180">traver&s;e, without that, that he is culpable in <HI>D.</HI> 22 H. 6. <HI>fol.</HI> 40.</P>
<P>9 H. 6. <HI>f.</HI> 62. Tre&s;pa&s;&s;e of digging a Turbary in <HI>D.</HI> in the County of <HI>Middle&s;ex,</HI> he cannot ju&s;tifie in the County of <HI>E&s;&s;ex,</HI> without that; that he is guilty in the County of <HI>Middle&s;ex,</HI> for he may plead not guilty, if it be in another County, but in Tre&s;pa&s;&s;e local in <HI>D.</HI> the Defendant may ju&s;tifie in <HI>S.</HI> in the &s;ame County, without that, that he is guilty in <HI>D.</HI> but in Tre&s;pa&s;&s;e tran&s;itory in <HI>D.</HI> Defendant cannot ju&s;tifie in <HI>S.</HI> in the &s;ame County, without that, that he is culpable in <HI>D.</HI> yet in Tre&s;pa&s;&s;e of Battery, or Tre&s;pa&s;&s;e of Goods taken in <HI>D.</HI> in the County of <HI>Middle|&s;ex,</HI> and Defendant ju&s;tifies in <HI>S.</HI> in the County of <HI>E&s;&s;ex,</HI> without that, that he is culpable in <HI>D.</HI> in the County of <HI>Middle&s;ex,</HI> 5 <HI>H.</HI> 4. <HI>f.</HI> 2. 10 <HI>H.</HI> 7. <HI>f.</HI> 27. 11 <HI>H.</HI> 6. <HI>f.</HI> 20.</P>
<P>5 <HI>H.</HI> 4. <HI>f.</HI> 3. Tre&s;pa&s;&s;e of Sheep taken at <HI>D.</HI> in the Coun|ty of <HI>Hartford:</HI> the Defendant ju&s;tifies the taking in <HI>Smithfield</HI> in <HI>London,</HI> doing Damage, he ought to &s;ay, without that, that he took them at <HI>D.</HI> in the County of <HI>Hartford.</HI></P>
<P>6 <HI>R.</HI> 2. <HI>chap.</HI> 2. That Writs of Debt and Account, and all &s;uch what&s;oever hereafter &s;hall be taken in their Coun|ties: and it is ordained, that if hereafter it be declared, the Contract thereof to be made in another County, that then incontinently that Writ &s;hall be qua&s;ht.</P>
<P>9 <HI>Ed.</HI> 4. <HI>fol.</HI> 48. By <HI>Needham,</HI> a man cannot plead in A|batement of a Writ, and &s;ay, 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 u&s;ed to make Examination where the Contract was made, and upon that abate the Writ, if it were in another County, but this not u&s;ed now. See 3 <HI>H.</HI> 6. <HI>Tit.</HI> 30. <HI>Examination, &amp; fol.</HI> 36.</P>
<P>18 <HI>Ed.</HI> 4. <HI>fol.</HI> 1. Nu&s;ance, that a Mill was erected in <HI>D.</HI> in the County of <HI>Kent:</HI> the Defendant &s;aith, that he and all his Ance&s;tors have been &s;ei&s;ed of a Mill in the County of <HI>E&s;&s;ex,</HI> and the Mill fell by? Tempe&s;t, and he built it, with|out that, that he is guilty of any Annoyance in <HI>D.</HI> in the County of <HI>Kent,</HI> and doth not traver&s;e all the County, and yet good by the whole Court, for that, that the thing is local, and annexed to Free-hold; and contrary of beat|ing,
<PB N="355" REF="180">or Goods carried away, which may be continued, and is tran&s;itory, 21 <HI>H.</HI> 6. <HI>f.</HI> 11.</P>
<P>2 <HI>M. Tit.</HI> 283. Traver&s;e by, without that, of Tre&s;pa&s;&s;e of Battery, or Goods carried out, it is tran&s;itory, and is not local, as of Trees cut, and Gra&s;&s;e mowed; and therefore in Tre&s;pa&s;&s;e tran&s;itory, the place &s;hall not make I&s;&s;ue, and is not traver&s;able, no more then in Tre&s;pa&s;&s;e upon the Ca&s;e upon an A&s;&s;umption, and the&s;e may be continued; contrary of Tre&s;pa&s;&s;e local. See after Title <HI>Vill.</HI></P>
<P>34 <HI>M. Tit.</HI> 268. Traver&s;e by, (without that) Action for making fal&s;e Cloth in <HI>Bartholomew</HI> Fair, <HI>London,</HI> again&s;t the Statute: Defendant &s;aith, that he made them well and truly in <HI>D.</HI> in the County of <HI>E.</HI> without that, that he made them in <HI>Bartholomew</HI> Fair, <HI>London,</HI> as, <HI>&amp;c.</HI> and it is good, 22 <HI>Ed.</HI> 4. <HI>f.</HI> 38. the &s;ame <HI>verbatim.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Bargains and Contracts.</HEAD>
<HEAD TYPE="sub">For that your Actions of Debt are in Court Barons of Bargains and Contracts, it is convenient to &s;peak &s;omething of Bar|gains and Contracts, and where the Cau&s;e or Duty is tra|ver&s;able, and where otherwi&s;e adiudged, what is a good Plea, and what Pleas he &s;hall not have, for that he may wage his Law.</HEAD>
<P>DEbt of that, that he let one Chamber, and Board for his Wife and Son, for every Week &s;ix &s;hillings, it is a good Plea, to &s;ay, that he did not let the Chamber, for he de&s;troys the Contract in part, and it is intire, 9 <HI>Ed.</HI> 4. <HI>fol.</HI> 1.</P>
<P>21 <HI>Ed.</HI> 4. <HI>f.</HI> 26. If the Plaintiff &s;ell two Hor&s;es for forty &s;hillings, and counts in Debt, that the Defendant bought a Hor&s;e for forty &s;hillings, the Defendant may &s;ay, that he owes him nothing, in manner and form, or vary from the Contract, and the Jury upon pain of Attaint ought to finde for the Defendant; the &s;ame Law is, if he &s;ell one Hor&s;e, and counts that he bought two Hor&s;es for forty &s;hillings; or if he &s;ell a Horfe for forty &s;hillings, and count that he bought an Oxe for forty &s;hillings, upon pleading that he oweth him nothing in manner and forme, this is material to aid the Defendant.</P>
<P><PB N="356" REF="181">3 <HI>H.</HI> 6. <HI>fol.</HI> 51. Debt and counts for Tallow bought for forty &s;hillings: the Defendant &s;aith, that he bought the Tallow for three &s;hillings and four pence, which he is rea|dy to pay, and to the remnant wages his Law, and had it.</P>
<P>14 <HI>H.</HI> 8. <HI>fol.</HI> 17. If I &s;ell Goods for &s;o much as <HI>J. S.</HI> &s;hall &s;ay, it is no Bargain forthwith, and yet if he &s;ell them to another, before <HI>J.S.</HI> &s;aith, what he &s;hall pay, Action upon the Ca&s;e it &s;eems lies.</P>
<P>14 H. 8. <HI>fol.</HI> 20. If Le&s;&s;ee for years grant his Intere&s;t to one upon Condition, that he obtain the good will of the fir&s;t Le&s;&s;or, and pay &s;o much as he &s;hall arbitrate, and he obtain his favour, this is a good Contract: but there a|greed, that is but a Communication without <HI>(Quid pro quo)</HI> forthwith, or at the Day agreed, as here. If you &s;ay, that you will give to me ten pounds for my Hor&s;e, and you do not pay forthwith, it is no Bargain; but if you be telling out your Money, he cannot &s;ell that to another in the mean time, for there was no fault in you: but if Agreement be, that you &s;hall give ten pounds for my Hor&s;e, and I give a Penny in earne&s;t, that &s;eems a perfect Bargain, and you &s;hall have the Hor&s;e, and I &s;hall have the Money by Action of Debt, 15 H. 7. <HI>f.</HI> 6.</P>
<P>10 <HI>Ed.</HI> 4. <HI>f.</HI> 21. If a Prei&s;t be hired to &s;ing for ten pounds <HI>per annum,</HI> he is not compellable to &s;erve, as a common Laborer is, but if he depart within the terme, his Wages is intire, and &s;hall have nothing, and there it &s;eems if one &s;els his Hor&s;e to me for twenty &s;hillings, he may keep him till I have paid him.</P>
<P>17 <HI>Ed.</HI> 4. <HI>f.</HI> 1. Tre&s;pa&s;&s;e of Corn taken: Defendant &s;aith, the Bargain was, that the Defendant &s;hould go to <HI>J. S.</HI> and &s;ee the Corn, and if they liked upon the view, and gave forty pence for every Acre that he &s;hould have it: and &s;aith, that he liked them upon the view, and took them, and it is no good Plea; for notwith&s;tanding the Bargain was, that he &s;hould have upon his good liking upon view, yet it is upon giving &s;orty pence for every Acre al&s;o, and he cannot take them before he pay, for that is parcell of the Contract. And &s;o if one agree upon the price for Wares, he cannot take them before he pay, unle&s;&s;e he have Day of Payment given unto him.</P>
<P>18 <HI>Ed.</HI> 4. <HI>f.</HI> 6. The Husband &s;els Trees growing upon the
<PB N="357" REF="181">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 I&s;&s;ue, &s;o that the Husband &s;hall not be Te|nant by the Curte&s;ie: The Husband &s;hall have Debt for the ten pound, for that, that the contract was intire, and yet the Buyer &s;hall not have the re&s;idue of the Trees. And where one &s;ells another mans Hor&s;e, which he hath by wrong for ten pound, out of an open Market, and the ow|ner take the Hor&s;e, as he may; yet debt lieth for the ten pound, for that, that the Contract was once executed, and by <HI>Brian,</HI> if one &s;ells a Hor&s;e for ten pound he may keep him if he will till he be paid.</P>
<P>20 <HI>H.</HI> 6. <HI>f.</HI> 22. A man &s;ei&s;ed in fee of land, &s;els the trees, and after makes a Feoffment in fee to another before the cutting, the buyer &s;hall have the Trees.</P>
<P>21 <HI>H.</HI> 7. <HI>f.</HI> 6. by <HI>Fineux,</HI> If one ask the price of a Cloth of a Merchant in <HI>London,</HI> and he &s;aith, twenty &s;hillings, and the party &s;aith he will give it, and he takes the Cloth the Merchant may have action of Debt for the twenty &s;hil|lings, or keep it till he be paid, and if the other take it a|gain&s;t his will, he &s;hall have tre&s;pa&s;&s;e at his choi&s;e</P>
<P>14 <HI>H.</HI> 8. <HI>f.</HI> 17. If I &s;ell my Hor&s;e for &s;o much as <HI>J.S.</HI> &s;hall &s;ay, it is &s;aid it is no bargaine forthwith, but if he &s;ell that to another before <HI>J.S.</HI> have &s;aid what he &s;hall have, I &s;hall have an action upon the ca&s;e.</P>
<P>23 <HI>H.</HI> 6. <HI>f.</HI> 50. Debt, the Plaintif counts that he &s;old twenty Acres of land to the Defendant for twenty pound, which he demanded, and by <HI>Newton</HI> though the Plaintif do not infeof the Defendant, yet he &s;hall have Debt, and the Defendant &s;hall have an action upon the ca&s;e again&s;t the Plaintif: See, 3 <HI>H.</HI> 7. <HI>f.</HI> 14.</P>
<P>2 <HI>H.</HI> 7. <HI>f.</HI> 12. Action upon the ca&s;e lies for that, that the Defendant hath bargained and &s;old to him lands, and that he hath infeoffed another of them and the Defendant traver&s;es the Feoffment to another, and that proves that this is the cau&s;e of his action and not the bargaine.</P>
<P>18 <HI>Ed.</HI> 4. <HI>f.</HI> 16. If the bargaine were that the Plaintif &s;hould give ten pound for &s;o much wood, if he liked it, or it plea&s;ed him upon the &s;ight thereof, this is a bargain at the buyers plea&s;ure: Now if fir&s;t upon the &s;ight they di&s;agree, then it is a void bargaine, though he after a|gree
<PB N="358" REF="182">to it, and if he agree upon the &s;ight it is a perfect bar|gaine, though after he di&s;agree.</P>
<P>5. <HI>H.</HI> 7. <HI>f.</HI> 41. One &s;ells Goods or Wares, and after the Sale he warrants them, this warranty made at another time then at the Sale is void.</P>
<P>9 <HI>H.</HI> 7. <HI>f.</HI> 22. If the Seller warrant the thing &s;old, the Buyer may have deceit; though he hath not paid the Mo|ney, for the Seller may have Debt.</P>
<P>10 <HI>H.</HI> 7. <HI>f.</HI> 7. Agreed by the Court, If I &s;ell certaine Goods to another for a certaine &s;um, although he do not pay the Money, if a day of payment be appointed, that is a good bargaine, and the property altered by this &s;ale. And by <HI>Hu&s;&s;ey and Bria<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">:</HI> A Victualler &s;hall be compelled to &s;el his victuall, if the Buyer tender him ready payment, and otherwi&s;e not, 39 H. 6. <HI>f.</HI> 18. contrary by <HI>Pri&s;ot.</HI></P>
<P>21 H. 7. <HI>f.</HI> 6. By <HI>Fineux,</HI> If one demand the price of a Cloth of a Merchant in <HI>London</HI> and he &s;aith twenty &s;hillings, and the party &s;aith he will give it, and takes the cloth it is in e|lection to make that a bargaine, and to have an action of debt, or to keep it, till he be paid, and if the other take the Cloth by rea&s;on of this bargaine, again&s;t his will, he may have action of tre&s;pa&s;&s;e.</P>
<P><HI>Plow. Com. f.</HI> 309. Where one undertakes by word to make a Hou&s;e without con&s;ideration, that he &s;hall have no action.</P>
<P><HI>Plow. Com. fol.</HI> 11. There &s;aith, That bargaines, or agree|ments conditionall, &s;hall be &s;aid good; after that the con|dition is performed, but before they are but words.</P>
<P>44 <HI>Ed.</HI> 3. <HI>fol.</HI> 21. Where one becomes &s;uerty for <HI>J. S.</HI> and in con&s;ideration, will give him longer day of payment, if <HI>J. S.</HI> do not pay he will, action upon the ca&s;e lies</P>
<P>27 <HI>H.</HI> 8. <HI>f.</HI> 33. If I &s;ell to you twelve barrells of Ale, you &s;hall not have the barrells but the ale, but if it were twelve barrells of Wine it is otherwi&s;e, for this is the u&s;age and intent.</P>
<P>1 <HI>H.</HI> 7. <HI>f.</HI> 13. Debt upon buying Oyle, for a hundred Markes paid, and &s;o, though of &s;imple contract, it &s;eemes the Defendant may &s;ay, that he bought with condition that he &s;hould pay when he had uttered them, without that that the Plaintiff &s;old in manner and forme, though he might have waged his Law.</P>
<P>21 <HI>Ed.</HI> 4. <HI>f.</HI> 49. Debt of buying a Hor&s;e at <HI>I.</HI> in the Coun|ty
<PB N="359" REF="182">of <HI>Middle&s;ex:</HI> Defendant may &s;ay that he bought him in <HI>London,</HI> upon condition, without that, that he bought him in <HI>I.</HI> in the County of <HI>Middle&s;ex,</HI> but he cannot &s;ay that he bought him in another County, then the Plaintiff counts, unle&s;&s;e it were that he pleads, that it was upon condition.</P>
<P>33 <HI>H.</HI> 6. <HI>fol.</HI> 49. <HI>Debt,</HI> The Defendant cannot traverie the Contract, where he may wage his Law, but the Defendant may &s;ay, that the bargain was upon condition, and &s;o tra|ver&s;e that, 21 <HI>Ed.</HI> 4. <HI>fol.</HI> 28.</P>
<P>34 <HI>H.</HI> 6. <HI>f.</HI> 46. Debt upon a bargaine at <HI>D.</HI> the Defen|dant cannot &s;ay that it was upon condition at <HI>S.</HI> in the &s;ame County, but in another County he may.</P>
<P>8 <HI>H.</HI> 6. <HI>fol.</HI> 53. Debt upon award upon arbitrement, it is no Plea for the Defendant to &s;ay, that he never &s;ubmit|ted to their award, for that he may wage his Law, he can|not traver&s;e the cau&s;e of the duty.</P>
<P>9 <HI>Ed.</HI> 4. <HI>f.</HI> 39. Where a bargaine is to pay to the Plaintiff &s;ive &s;hillings, or a gown &s;uch a day, it is at the choi&s;e of the Plaintiff after the day, to demand one or the other which he will.</P>
<P>8 <HI>H.</HI> 6 <HI>fol.</HI> 53. Debt upon Contract, he cannot &s;ay no &s;uch Contract, or that he did not buy, for he cannot tra|ver&s;e the cau&s;e of the duty, where he may wage his Law, 38 <HI>H.</HI> 6. <HI>fol.</HI> 22.</P>
<P>11 <HI>H.</HI> 7. <HI>fol.</HI> 4. Where a man may wage his Law, he can|not plead-payment in a forraine County. But in Debt up|on a Lea&s;e for yeares by Indenture, the Defendant may plead payment in a forraine County, and that is good, but in the &s;ame County he ought to conclude, and &s;o he owes him nothing, 10 <HI>H.</HI> 7. <HI>f.</HI> 4.</P>
<P>20 <HI>H.</HI> 6. <HI>f.</HI> 17. Debt upon arrerages of account, payment in another County without concluding, and &s;o he oweth him nothing, is good, but where he may wage his, Law his Plea is not good.</P>
<P>22 <HI>Book of A&s;&s;i&s;es</HI> 41. VVhere one undertakes to carry his carriage in a Boate and over-chargeth it, by which his loading peri&s;h, action upon the ca&s;e lies.</P>
<P>42 <HI>Book of A&s;s.</HI> 8. Action upon the ca&s;e lies again&s;t <HI>J.S.</HI> for that, that the Plaintiff had credit in <HI>J.S.</HI> and bought of <HI>J. S.</HI> an Ox, as his Goods where it was the Ox of <HI>J.D.</HI></P>
<P>27 <HI>H.</HI> 8. <HI>fol.</HI> 34. It &s;eems if you pay to me twenty pound
<PB N="360" REF="183">that then you &s;hall have my Lea&s;e, and terme of years, this is but a Communication, if you do not pay, and it is a Bargain conditional, that is, at your choice.</P>
<P><HI>Doctor and Student,</HI> 104. Promi&s;e and <HI>a&s;&s;ump&s;it,</HI> for a thing pa&s;t is not good. Inquire: as I promi&s;e to give to you forty pounds, for that you have built me a Hou&s;e, it is no good Contract, for it &s;hould be perfect at the time of the Contract.</P>
<P>27 <HI>Ed.</HI> 3. <HI>Tit.</HI> 6. <HI>Apportionment, Br.</HI> A man retained to &s;erve for a year, for ten pounds at two Fea&s;ts, and the Ma&s;ter dies after the fir&s;t Fea&s;t, he &s;hall have Wages but for one Fea&s;t; but where he was retained for ten pounds, whole by the year, and he departs within the year, he &s;hall have no Wages, for Contract &s;hall not be appor|tioned.</P>
<P>21 <HI>Ed.</HI> 3. <HI>Tit.</HI> 83. Debt, where a man payes ten pounds for teaching his Son three years, the Son &s;hall not have the ten pounds again which is paid, but if the Money were not paid it is otherwi&s;e, for the Cau&s;e cea&s;ing the Effect cea&s;eth.</P>
<P>1 <HI>H.</HI> 6. <HI>fol.</HI> 8. By <HI>Bab.</HI> If I be your Debtor in twenty pounds by a &s;imple Contract, and I give you a Bond for the &s;ame, if you bring Debt upon the Bargain, I &s;hall plead this well in the Di&s;chage thereof.</P>
<P>3 H. 4. <HI>fol.</HI> 20. Debt of twenty pounds upon a Contract: the Defendant &s;aith, that the Plaintiff after took a Bond of ten pounds, parcell of it, and held a good Plea to the whole Bargain; for a Bargain determined in parcell, is determined in all, for it is intire.</P>
<P>19 H. 8. <HI>Tit</HI> 29. If a man be indebted to me by Bar|gain, and after gives me a Bond for the &s;ame Debt, the Bargain by that is determined, for in Debt upon the Bar|gain, it it a good Plea, that he hath a Bond for the &s;ame Debt; but if a &s;tranger make to me a Bond for the &s;ame Debt, yet the Contract remains, for that, that it is by an|other per&s;on, and both are now Debtors, 21 <HI>H.</HI> 7. <HI>f.</HI> 5.</P>
<P>11 H. 4. <HI>f.</HI> 23. If one takes my Bea&s;ts by wrong from my Bailiff, and after I give them to him; by <HI>Hank.</HI> Bailiff &s;hall have no Tre&s;pa&s;&s;e.</P>
<P>2 <HI>Ed.</HI> 4. <HI>f.</HI> 15. By <HI>Danby, Needham,</HI> and <HI>Moyl,</HI> If I deliver Goods to <HI>J.S.</HI> and a &s;tranger takes them, and after I give the Goods to another &s;tranger, this is a good Gift: but
<PB N="361" REF="183"><HI>Littleton</HI> &s;aith, that the fir&s;t &s;tranger hath property as Tre&s;|pa&s;&s;or, and for that he doth not allow the Gift good.</P>
<P>6 H. 7. <HI>f.</HI> 9. By <HI>Brian,</HI> A man cannot give or relea&s;e his Right by word, though it be a per&s;onal thing. Inquire.</P>
<P>10 H. 7. <HI>fol.</HI> 27. By <HI>Brian,</HI> 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 &s;tranger: but <HI>Keeble</HI> would that to be good, and inure as a Relea&s;e, and &s;aid, that Re|lea&s;e by word of a Chattell, is good as well as with a Condition.</P>
<P>21 H. 6. <HI>fol.</HI> 43. It &s;eems one may contract, and &s;ell all his Tithes of his Pari&s;h for &s;even years to come, or the profits of his Court for &s;even years, and it is good.</P>
<P>42 <HI>Ed.</HI> 3. <HI>fol.</HI> 24. One may contract and grant, that he &s;hall not be impeached of Wa&s;te, and di&s;pen&s;e with a thing that is not in being, for that, that Grant is a Cove|nant, but he cannot relea&s;e the Wa&s;te to come.</P>
<P>9 H. 6. <HI>fol.</HI> 12. Where the Queen grants twenty pounds out of the great Cu&s;tome of <HI>London,</HI> the Cu&s;tome is not a thing in being, but is paid by chance, and for that the per|&s;on of the Queen is charged by a Writ of Annuity.</P>
<P>6 H. 7. <HI>fol.</HI> 5. It &s;eems that the King may grant a thing not in (being) if that &s;ound in Covenant, as to be di&s;|charged of Tithes, or of collecting of Tenths to be grant|eb by Convocation.</P>
<P>4 H. 7. <HI>f.</HI> 10. If on the fir&s;t Day of <HI>May,</HI> lets to begin at Saint <HI>Michael</HI> next, the Le&s;&s;ee may grant or &s;ell that terme before the Fea&s;t of Saint <HI>Michael,</HI> but not relea&s;e or &s;ur|render that, 22 <HI>Ed.</HI> 4. <HI>Tit. Grants,</HI> 110.</P>
<P>24 <HI>Ed.</HI> 3. <HI>Tit.</HI> 47. <HI>Grants, Br.</HI> If a common per&s;on grants award, and &s;o from Heir to Heir, till one of them come to full age: it is not good for award which &s;hall fall after|wards, contrary of &s;uch a grant made by the King.</P>
<P>12 <HI>Ed.</HI> 4. <HI>f.</HI> 3. Where a common per&s;on hath but right of Rever&s;ion, he cannot grant it; and &s;o it &s;eems he cannot grant an E&s;cheat of his Tenant, before that fall.</P>
<P><HI>Fitzh.</HI> 120. <HI>K.</HI> If one promi&s;e another ten pounds to marry his Daughter, and he marry her, this is Contract in our Law, upon which he &s;hall have Debt. See 14 <HI>Ed.</HI> 4. <HI>f.</HI> 6. &amp; 15 <HI>Ed.</HI> 4.31.</P>
<P><HI>Fitzh.</HI> 44. If one promi&s;e another ten pounds to marry his Daughter, if he marry his Daughter it is a good Con|tract
<PB N="362" REF="184">in our Law, and if he &s;ue for that ten pounds in Court Chri&s;tian, Prohibition lies; but if he promi&s;e one with his Daughter in Marriage ten pounds, he &s;hall &s;ue for that in Court Chri&s;tian.</P>
<P>17 <HI>Ed.</HI> 4. <HI>fol.</HI> 4. If a man promi&s;e a certain &s;umm of Mo|ney to another to marry his Daughter or Servant, which he marries accordingly, Debt doth not lie, for it is Spiri|tual, contrary, <HI>Rogers</HI> and <HI>Sulyard;</HI> for it is (one for ano|ther) though it were &s;aid, contrary, and the rea&s;on was, it &s;hall be &s;ued in the Spiritual Court for this Cau&s;e.</P>
<P>22. <HI>Book of A&s;&s;i&s;es,</HI> 70. If one promi&s;e, that if he will marry his Daughter, he &s;hall have ten pounds, this is a Contract, this is a Promi&s;e in our Law, and he &s;hall have Debt: but if he &s;ay, he will give with his Daughter ten pounds, he ought to demand that before the Ordinary.</P>
<P>45 <HI>Ed.</HI> 3. <HI>f.</HI> 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 &s;hall be bound to him in a hundred pounds; and if he takes her to Wife, Action of Debt lies, and the Court &s;hall not be out of Juri&s;diction though that touch Matrimony, for that, that this was by Deed, but otherwi&s;e it is, if it were with|out Deed.</P>
<P>37 <HI>H.</HI> 6. <HI>f.</HI> 9. By <HI>Pri&s;ot,</HI> if an Agreement be made, that <HI>A.</HI> &s;hall take the Daughter of <HI>B.</HI> in Marriage, and if he marries her there it is &s;aid, that he &s;hall not have Debt; for it &s;eems it is not <HI>(Quid pro quo)</HI> Inquire: for if one &s;els a Hor&s;e for ten pounds, and hath no Hor&s;e, yet he &s;hall have Debt for that, and yet it is not (one for another) and where I &s;ell my Land in <HI>D.</HI> for ten pounds, Debt lies, and yet he hath not the Land before Livery.</P>
<P>27 <HI>Book of A&s;&s;i&s;es,</HI> 29. Where a man &s;els all the Trees in his VVood, and agrees that the &s;ame Buyer &s;hall not cut them before <HI>Michaelmas</HI> next, if Hauks in the mean time are in the Trees, it &s;eems that the Seller &s;hall have them.</P>
<P>14 <HI>H.</HI> 8. <HI>fol.</HI> 1. If a man let Land, except the VVood and under-wood, and Hernes and Shovelers make their Ne&s;ts in the Trees, the Le&s;&s;or &s;hall have them, for the Trees are excepted, and the Ne&s;ts in the Trees; and the &s;ame Law of Akorns, which come by rea&s;on of the Trees.</P>
<P>7 H. 7. <HI>fol.</HI> 5. If a man &s;ell a Lea&s;e of Land, and certain
<PB N="363" REF="184">Cloth for ten pounds, the Contract is intire, and cannot be &s;evered: and if one of them were by defea&s;ible Title, and deve&s;ted from the Vendee, yet the Seller &s;hall have the whole &s;umm, for the Contract is intire, and cannot be &s;evered. See 12 H. 8. <HI>f.</HI> 13. &amp; 9 <HI>Ed.</HI> 4. <HI>fol.</HI> 1.</P>
<P>9 H. 7. <HI>f.</HI> 22. If a man &s;ell &s;tuff for forty pounds, and de|liver the &s;tuff, and no Money paid, nor Day appointed, yet it is a good Bargain, and he &s;hall have Debt for the forty pounds: but 11 H. 4. <HI>f.</HI> 33. If one a&s;&s;ume to make the Plaintiff a Hou&s;e before &s;uch a Day, and doth not, unle&s;&s;e it be for &s;uch a &s;umm of Money, Action upon the Ca&s;e doth not lie, for it is a naked Bargain.</P>
<P>9 <HI>Ed.</HI> 4. <HI>f.</HI> 54. By <HI>Littleton,</HI> if a man recovers in Debt up|on a Contract, and doth not take Execution, yet he can|not have new Action of Debt upon the Contract, for the Contract is determined by the Judgement, and the nature of the Duty changed to a Record. And by <HI>Danby</HI> and <HI>Moyle,</HI> in Account, Debt, Tre&s;pa&s;&s;e, and &s;uch like, it is no Plea, that the Plaintiff at another time recovered in them, unle&s;&s;e he &s;aid, that he had Execution al&s;o; contrary <HI>Littleton</HI> and <HI>Choke.</HI> See there in Debt upon an Obligati|on &s;eems contrary.</P>
<P>2 <HI>R.</HI> 3. <HI>f.</HI> 14. Where one brings Detinue, and is barrd by Law waging, he &s;hall not have an Account afterwards; for Detinue affirmes property in him, and Account di&s;|affirmes that.</P>
<P>12 <HI>Ed.</HI> 4. <HI>fol.</HI> 13. Where is a Barr by waging of Law in Detinue, one &s;hall not have after an Action upon the Ca&s;e, for negligent keeping the thing, as it &s;eems.</P>
<P>40 <HI>E.</HI> 3. <HI>fol</HI> 27. Where in Tre&s;pa&s;&s;e one recovers in <HI>Lon|don,</HI> and be brought in (the thing judged) he cannot re|fu&s;e this Judgement, and &s;ue for the Tre&s;pa&s;&s;e in a higher Court.</P>
<P>20 <HI>H.</HI> 6. <HI>fol.</HI> 12. Tre&s;pa&s;&s;e of Goods taken, it is a good Plea that you at another time brought Tre&s;pa&s;&s;e again&s;t me, and <HI>J. S.</HI> and that <HI>J. S.</HI> appeared, and pleaded not guilty, and it was found again&s;t him, and that the Plain|tiff had Judgement, for it is carried in Damages, and re|duced into the thing judged, and may have Execution at his plea&s;ure: but otherwi&s;e it is in Debt, for there it is not a good Barr, unle&s;&s;e he pleads, that he had Judgement, and Execution again&s;t one.</P>
<P><PB N="364" REF="185">23 <HI>H.</HI> 8. <HI>Tit.</HI> 105. Action upon the Ca&s;e, Debt of twen|ty pounds, if the Defendant hath waged his Law in this Action, and the Plaintiff brings an Action upon the Ca&s;e, it is a good Plea for the Defendant to &s;ay, that at another time he was barred in Debt for the &s;ame, by waging of Law, 2 <HI>R. f.</HI></P>
<P>Tre&s;pa&s;&s;e, if in Debt, or other Action in the common Bench, the Defendant pleads Recovery of that in a Court of Franchi&s;e, or that the Plaintiff is barred in a Court of Franchi&s;e, though it be not of Record here, yet it &s;eems that the Defendant &s;hall have advantage of Record, and otherwi&s;e &s;hall be a mi&s;cheif. 46 <HI>Ed.</HI> 3. <HI>f.</HI> 17.</P>
<P>17 <HI>Ed.</HI> 3. <HI>Tit. Barr,</HI> 246. Debt upon an Obligation, it is no Plea, that at another time before the Mayor of <HI>London,</HI> the Plaintiff recovered upon the &s;ame Obligation again&s;t the Defendant, and had Execution, it is no Plea, for that, that the Obligation was not <HI>Damnum,</HI> nor the Defendant doth not &s;hew Acquittance, and the Plaintiff by Award of the Court recovered.</P>
<P>4 <HI>H.</HI> 7. <HI>f.</HI> 8. Three bound in an Obligation, joyntly, and &s;everally; it is no Barr for one to &s;ay, that he recovered again&s;t another; but that he recovered, and had Execu|tion, is good; and he ought to &s;hew Acquittance of the Payment, or otherwi&s;e, he &s;hall be charged.</P>
<P>5 <HI>Ed.</HI> 4. <HI>fol.</HI> 5. Debt by &s;everall <HI>Precipes</HI> again&s;t two by <HI>Choke,</HI> where he hath Execution again&s;t one, he &s;hall not have again&s;t the other afterwards.</P>
<P>22 <HI>Ed.</HI> 4. <HI>fol.</HI> 7. Two are bound in an Obligation joynty, and &s;everally; if I have Execution again&s;t one, this is a Barr again&s;t the other, but not Judgement onely.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Husband and Wife.</HEAD>
<DIV3 TYPE="section">
<HEAD>What Contract and Act of a married Wife, Bailiff, and Servant, &s;hall binde the Husband, or Ma&s;ter, and what not.</HEAD>
<P>A Married Wife hath no Will, but the Will of her Husband, and for that, if a married Wife &s;ell 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 di&s;advantage to the Husband, Agreement
<PB N="365" REF="185">of the Husband makes it good: the &s;ame Law of an <HI>A&s;|&s;ump&s;it,</HI> made to a married Wife, to deliver one out of Execution.</P>
<P>21 <HI>H.</HI> 7. <HI>fol.</HI> 40. The Husband &s;hall not be charged by a Bargain of the Wife, but if it come to the u&s;e of the Hu&s;|band, and he agree, it is good: but if it come to the u&s;e of the Hou&s;e, if he hath not notice of it, or that it was not bought by his commandement, he &s;hall not be charged, by <HI>Fineux,</HI> for a married Woman cannot do any thing, which may turn her Husband into prejudice, and contra|ry of that which is for his advantage: but if I command my Wife to buy a thing nece&s;&s;ary, and &s;he buyes it, and comes to my u&s;e, this generall commandement (it is &s;aid) &s;hall binde me, though I do not expre&s;ie what things: but if my Wife without my commandement buy a thing for my Hou&s;hold, as Bread, <HI>&amp;c.</HI> and I have no knowledge of it, though that be &s;pent in my Hou&s;e, I &s;hall not be there|of charged, by <HI>Fineux.</HI></P>
<P>11 <HI>H.</HI> 6. <HI>fol.</HI> 38. By <HI>Martin,</HI> it &s;eems the Husband &s;hall be charged for nece&s;&s;ary Apparrell of his Wife, but not for &s;uperfluous Apparrell; for <HI>Martin</HI> &s;aith, if my VVife buy of a man, and &s;he arrayes her &s;elf better then belongs to her E&s;tate, I &s;hall not be charged to pay this &s;tuff taken up, though it come to the u&s;e and profit of the Husband, for that, that the VVife of nece&s;&s;ity ought to be apparrel|led, but for that that pa&s;&s;es her E&s;tate, her Husband &s;hall not be charged.</P>
<P>20 <HI>H.</HI> 6. <HI>fol.</HI> 23. By <HI>Newton,</HI> buying by the VVife or Ser|vant, though it come to the u&s;e of the Husband, or Ma|&s;ter, it &s;hall not charge the Husband or Ma&s;ter, <HI>Nat. Brev. fol.</HI> 61. the &s;ame. Note, there ought to be A&s;&s;ent and Agreement of the Husband and Ma&s;ter, if they &s;hall be charged, is to be intended upon that.</P>
<P><HI>Doct. &amp; Stud. f.</HI> 137. <HI>N.</HI> If a man &s;end his Servant to &s;ell a thing, which he knows to be defective, and commands him to &s;ell it to &s;uch a man, Deceit hes; but if it be gene|rally, to whom he could, it lieth not again&s;t the Ma&s;ter, 9 <HI>H.</HI> 6. <HI>f.</HI> 254.</P>
<P><HI>Fitzh.</HI> 120. <HI>F.</HI> A man &s;hall be charged in debt for a bargaine of his Bailiffe, or his Servant, where he gives authority to his Bailiff or his Servant to buy and &s;ell for him, and &s;o for a bargaine made by his Wife, if he give authority to his Wife, and otherwi&s;e not.</P>
<P><PB N="366" REF="186">34 <HI>Ed.</HI> 1. <HI>tit.</HI> 163. <HI>Debt F.</HI> held there, That where a Woman receives ten Quarters of Corne to the profit of the Husband, he &s;hall be charged; but where he counts, that the Wife borrowed ten Quarters of Corn, which came to the profit of the Husband, he &s;hall not be charged in Debt.</P>
<P>13 <HI>R.</HI> 2. <HI>tit.</HI> 50. <HI>Account,</HI> Where Tonels of VVine are delivered to a marryed Wife, if the Husband agree to it, he &s;hall be charged, and otherwi&s;e not.</P>
<P>27 <HI>Book of A&s;s.</HI> 5. If a man hath a Bailiff knowne, and who hath u&s;ed to fell the Bea&s;ts of his Ma&s;ter at the Mar|ket, this is a good &s;ale, though he hath no &s;peciall VVar|rant to fell his Bea&s;ts: And if &s;uch a Bailiff pledge the Goods of his Ma&s;ter; that is, Oxe or Hor&s;e, for Corne, which comes to the u&s;e of his Ma&s;ter, the Ma&s;ter &s;hall not have tre&s;pa&s;&s;e of the &s;ale or pledging.</P>
<P>8 <HI>Ed.</HI> 4. <HI>fol.</HI> 13. If I make a man my Bailiffe of my Mannor, he cannot make a Lea&s;e of the Mannor, nor of parcell, without &s;peciall commandement of his Ma&s;ter to doe it, for that &s;hall not bind the Ma&s;ter.</P>
<P>8 <HI>Ed.</HI> 4. <HI>tit.</HI> 14. <HI>Contract, Brook,</HI> If a man &s;end his &s;er|vant to buy certaine Goods, or his Factor or Attorney, to buy for him Merchandi&s;e, and he buy, <HI>&amp;c.</HI> The Ma&s;ter &s;hall be charged, though that the Goods never came to his hands, and though that the Ma&s;ter have no notice of that; and the Ma&s;ter cannot countermand without no|tice given to the Servant, Attorney, or Factor, by <HI>Pigot</HI> and <HI>Fairfax,</HI></P>
<P>2 <HI>Ed.</HI> 4. <HI>f.</HI> 5. If my Servant in <HI>Cheap&s;ide</HI> which hath pow|er to &s;ell, give my Wares, it is &s;ayd I &s;hall have tre&s;pa&s;&s;e again&s;t the Receiver; but if I deliver Goods to keep to my u&s;e, and hee gives them, I &s;hall not have tre&s;pa&s;&s;e, for he hath no notice who&s;e Goods they are, as in the ca&s;e of a Servant.</P>
<P><HI>Doctor and Student, fol.</HI> 137. If the &s;ervant borrow Mo|ney in the name of his Ma&s;ter, his Ma&s;ter &s;hall not be charged, unle&s;&s;e they come to the u&s;e of his Ma&s;ter, and by his commandement: The &s;ame Law of a bargaine made by the &s;ervant; but if the Ma&s;ter &s;end his &s;ervant to buy things, and he buyes them, the Ma&s;ter &s;hall be charged; And if he buy a thing, and doe not &s;peak of the Ma&s;ter, and it comes to the u&s;e of the Ma&s;ter, the Ma&s;ter &s;hall be charged.</P>
<P><PB N="367" REF="186">2 <HI>R.</HI> 2. <HI>Slatham, fol.</HI> 65. Debt is maintainable again&s;t the Ma&s;ter of a thing bought by his man, if the Goods come to the u&s;e of his Ma&s;ter, notwith&s;tanding that his &s;ervant have no warrant of his Ma&s;ter to doe it, if it be &s;o that he be knowne to be his &s;ervant.</P>
<P>11 <HI>Ed.</HI> 4. <HI>fol.</HI> 7. If a &s;ervant which hath authority to &s;ell and warrant the thing, deceit doth not lye again&s;t the Ma&s;ter if it be corrupt.</P>
<P>21. <HI>H.</HI> 7. <HI>fol.</HI> 27. by <HI>Rede,</HI> If I command my &s;ervant to di&s;traine, and he rides upon the di&s;tre&s;&s;e, he &s;hall be pu|ni&s;hed and not I.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>How &s;hall the Husband have by his Wife, Goods and Chat|tells, whereof hee takes charge, and how hee &s;hall be charged for the Wife.</HEAD>
<P>IF a man take a Wife which hath Goods, now the Goods are in the Husband, 26 <HI>H.</HI> 8. <HI>fol.</HI> 4.</P>
<P><HI>Plowdens Commentaries, fol.</HI> 418. A woman which hath a Lea&s;e for yeares, or Goods, takes a Husband, they are in him.</P>
<P>7 <HI>H.</HI> 6. <HI>fol.</HI> 1. If a woman have a Lea&s;e for yeares, and takes a Husband, this is in him, but if he grant a rent charge out of that and dyes, the Wife &s;hall have the terme di&s;charged: And by <HI>Strange,</HI> If an Obligation be made to a woman &s;ole, and &s;hee take a Husband, he may relea&s;e that; but if the Husband &s;uffer the Obligation to remaine and dyes, the VVife &s;hall have that, and not the Executors of the Husband, 9 <HI>H.</HI> 6. <HI>fol.</HI> 52. the &s;ame.</P>
<P>21 <HI>H.</HI> 7. <HI>fol.</HI> 29. VVhere a woman is Executrix, and takes a Husband, the Goods of the Te&s;tator ve&s;ts in the Husband, and if the Husband give or relea&s;e them, he may, but if the Husband dye, and doe not relea&s;e them, they re|maine to the woman againe.</P>
<P><HI>Fitzh. fol.</HI> 69. If Bea&s;ts of a lone woman be taken, and &s;hee take a Husband, he alone &s;hall have a Replevin, for that that the property is in him onely.</P>
<P><HI>Fitzh.</HI> 142. <HI>I.</HI> If a man have the VVard&s;hip of one in the right of his VVife, and after his VVife dyes, yet he &s;hall hold that, for it was a thing ve&s;ted in him.</P>
<P><HI>Perhins</HI> 107. VVhere the Husband hath ret<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ne in right of his VVife, and he aliens that and dyes, his VVife &s;hall
<PB N="368" REF="187">not have that, but if he doe not alien that and dyes, &s;hee &s;hall have it.</P>
<P><HI>Perkins</HI> 165. A man hath twenty yeares terme in right of his VVife, and lets for ten yeares, rendring rent and dyes, his VVife &s;hall have the Rent, and the re&s;idue of the terme.</P>
<P><HI>Fitzh.</HI> 119 <HI>O.</HI> If a man takes a VVife, which was indebt|ed to other per&s;ons, the Husband and the VVife &s;hall be <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ued for this debt, living the VVife; but if the VVife dye, the Husband &s;hall not be charged, unle&s;&s;e it were recoverd during the Coverture.</P>
<P><HI>Fitzh.</HI> 121. If a man lets Land to a VVoman for life, rendring Rent, and &s;hee takes a Husband, and after the Rent is behind, and the VVife dyes, the Husband &s;hall be charged, for that that he took the profit; otherwi&s;e it is of an Obligation made by his VVife before marriage, the Husband &s;hall not be charged, unle&s;&s;e recovery were of that during the marriage.</P>
<P><HI>Fitzh.</HI> 121. <HI>D.</HI> A woman hath Rent for Dower, and takes a Husband, and the Rent is behind, and the VVife after dyes, the Husband &s;hall have Debt for this Rent: But if a man be bound to a woman, and &s;he takes a Hus|band, and the day of payment comes during the marriage, and after the VVife dyes, the Husband &s;hall not have debt upon this Obligation, for that that it was a duty to the VVife, and a thing in action before the marriage.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>E&s;&s;oyne.</HEAD>
<P>AFter that any hath put him&s;elfe into any Inque&s;t, who hath appeared or might have appeared in the&s;e VVrits, &s;hall have but one E&s;&s;oyne, or one default, <HI>&amp;c. We&s;t.</HI> 2. <HI>chap.</HI> 27. <HI>Marlcbridge chap.</HI> 13.</P>
<P><HI>Marlb. chap.</HI> 19. Of E&s;&s;oynes it is provided, that in Counry, Hundred, or in Court-Baron, or other Courts, none &s;hall have need to &s;weare to warrant his E&s;&s;oyne.</P>
<P><HI>We&s;tm.</HI> 1. <HI>chap.</HI> 42. For that, that Demandants which bring actions again&s;t many Coparceners and Joynt-Tenants, they often avoid by E&s;&s;oyne.</P>
<P>It is provided, that tho&s;e Tenants &s;hall not have E&s;&s;oyne but for one day, no more then one &s;ole-Tenant &s;hould
<PB N="369" REF="187">have, &s;o that now he cannot avoid, but only have an E&s;|&s;oyne, &s;ee <HI>Marleb. chap.</HI> 9.</P>
<P><HI>We&s;tm.</HI> 1. <HI>chap.</HI> 43. If one be e&s;&s;oyned as beyond the Seas, where he is in <HI>England</HI> day of the Summons, it is provided that this E&s;&s;oyne be not allowed, if the Demandant will a|verr that he was in <HI>England,</HI> the day that the Summons was made, and three weekes after: But let it be adjour|ned.</P>
<P>And if the Tenant be attaint which was in <HI>England,</HI> day of the Summons, and three weeks after, the E&s;&s;oyne &s;hall turne to him for a default.</P>
<P><HI>We&s;tm.</HI> 1. <HI>chap.</HI> 41. In a Writ of A&s;&s;i&s;e, of Attaints, and <HI>Juris utrum,</HI> provided it is for travaile of Jurors, that if the Tenant once appeare in the Court, never after no Tenant can e&s;&s;oyne him.</P>
<P><HI>Gloce&s;ter</HI> 1. <HI>chap.</HI> 18. Provided that in other Pleas then Tre&s;pa&s;s or Attachments and Di&s;tre&s;&s;e lying, if the De|fendant make him&s;elf to be e&s;&s;oyned of the Kings Service, and doth not bring his Warrant at the day which is given unto him by his E&s;&s;oyne, he &s;hall render to the Plaintif Dammages of the torne of twenty &s;hillings, or of more; according to the di&s;cretion of the Ju&s;tices, and be in the Kings mercy.</P>
<P><HI>We&s;tm.</HI> 2. <HI>chap.</HI> 12. There lies not for one that brings an appeale of the death of a man, an E&s;&s;oyne.</P>
<P><HI>We&s;t.</HI> 2. <HI>chap.</HI> 17. In the Circuit of the Ju&s;tices, there is no E&s;&s;oine admitted of being &s;ick in bed, of a Tenement, unle&s;&s;e he which makes him&s;elf to be E&s;&s;oyned, truly be &s;ick, for if it be excepted again&s;t by the Demandant, that the Tenant is not &s;ick, nor in that &s;tate that he cannot come before the Ju&s;tices, they will receive a reproach, and if this be di&s;proved by an Inque&s;t, let that E&s;&s;oyne be tur|ned to a default, neither lies that E&s;&s;oyne in a Writ of right between two claimings by the &s;ame di&s;cent.</P>
<P><HI>We&s;t.</HI> 2. <HI>ch.</HI> 27. After that any hath put him&s;elf upon any Inque&s;t, at the next day let there be an E&s;&s;oyne allowed to him, but at other dayes following by E&s;&s;oyn, let there be no deferring of taking the Inqui&s;ition whether he fir&s;t had an E&s;&s;oyne or not, neither let any E&s;&s;oyne be admitted, after the day given, by the reque&s;t of the parties, in ca&s;e that the parties con&s;ent to come without an E&s;&s;oyne.</P>
<P><HI>We&s;tm.</HI> 2. <HI>chap.</HI> 28. When by the Statute of, <HI>We&s;tm.</HI> 1. <HI>chap.</HI>
<PB N="370" REF="188">41. It is appointed, that after the Tenants have once ap|peared in the Court, there &s;hall be no E&s;&s;oyns allowed them in VVrits of A&s;&s;i&s;e, in the &s;ame manner from hence let it be ob&s;erved of Petitioners.</P>
<P>The Statute of E&s;&s;oynes que&s;tioned, 12 <HI>Ed.</HI> 2.</P>
<P>That E&s;&s;oynes do not lie in the&s;e following Ca&s;es, that is,</P>
<P>There lies no E&s;&s;oyn:</P>
<P>Becau&s;e, the Land is taken into the Kings hand.</P>
<P>Becau&s;e, he is re&s;trained by Land.</P>
<P>Becau&s;e, there is granted to him from hence Judge|ment, if the Jurors come.</P>
<P>Becau&s;e, he was &s;een in the Court.</P>
<P>Becau&s;e, at another time he e&s;&s;oyned him&s;elf, as being not able to come.</P>
<P>He &s;hall not be e&s;&s;oyned, as being beyond Sea.</P>
<P>Becau&s;e, &s;uch a one e&s;&s;oyned him &s;uch a Day.</P>
<P>Becau&s;e, it was commanded the Sheriff, that he &s;hould make the party to come, 41 <HI>Ed.</HI> 3 <HI>f.</HI> 29.</P>
<P>Becau&s;e, a VVoman is not in the Kings Service, but becau&s;e a Nur&s;e, Midwife, or &s;ent for by a VVrit, to in|&s;pect the Belly.</P>
<P>Becau&s;e, &s;he &s;eems to be deceived in her Dower, and deferring of Right.</P>
<P>Becau&s;e, &s;uch a Complaint hath not found Sureties to pro&s;ecute.</P>
<P>Becau&s;e, the Attorney was e&s;&s;oyned.</P>
<P>Becau&s;e, he hath an Attorney in his Complaint.</P>
<P>Becau&s;e, he is e&s;&s;oyned, witne&s;&s;ed, <HI>&amp;c.</HI> that he is not in the Kings Service.</P>
<P>Becau&s;e, the Summons is not te&s;tified, or part of the Return not attached.</P>
<P>Becau&s;e, at another time he was e&s;&s;oyned of the Kings Service, and now did not &s;end his VVarrant.</P>
<P>Becau&s;e, re-&s;ummons was in the la&s;t Pre&s;entment, or Death of his Ance&s;tor, 30. <HI>Book of A&s;&s;i&s;es</HI> 51.</P>
<P>Becau&s;e, &s;uch a one is not named in the VVrit.</P>
<P>Becau&s;e, it was commanded the Sheriff, that he &s;hould di&s;train him to come by his Land and Chattels.</P>
<P>Becau&s;e, it was commanded the Bi&s;hop, that he &s;hould make him come.</P>
<P>Becau&s;e, the time was pa&s;t.</P>
<P><PB N="371" REF="188">But it is to be known, that an E&s;&s;oyn of the Kings Ser|vice is allowed after the great Cape, and the &s;mall Cape.</P>
<P>1 <HI>H.</HI> 6. <HI>f.</HI> 4. Tre&s;pa&s;&s;e, I&s;&s;ue was if the Land were the Free|hold of the Plaintiff, or of the Le&s;&s;or of the Defendant, and after I&s;&s;ue the Defendant prayed aid of his Le or, and at the Summons returned, the Prayee was e&s;&s;oyned, and at the Day which he had by the E&s;&s;oyn he joyned, and at the <HI>(Venire facias)</HI> returned, the Prayee ca&s;t E&s;&s;oyn, and it lies, for that that the Statute is, <HI>Por<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">quam, &amp;c.</HI></P>
<P>44 <HI>Ed.</HI> 3. <HI>fol.</HI> 38. <HI>Precipe,</HI> the Tenant tenders his Law, and this is at I&s;&s;ue, for that after he &s;hall have but one E&s;&s;oyn, 37 <HI>H.</HI> 6. <HI>f.</HI> 2. The Plaintiff was e&s;&s;oyned at the Day of the Law, 9 <HI>H.</HI> 5. <HI>f.</HI> 5 the &s;ame.</P>
<P>48 <HI>Ed.</HI> 3. <HI>fol.</HI> 21. One is e&s;&s;oyned after I&s;&s;ue in <HI>London,</HI> and at the Day in Bench upon a forreign matter, is there e&s;&s;oyned again, for it is the fir&s;t Day in Bench.</P>
<P>21 <HI>Ed.</HI> 4. <HI>f.</HI> 19. Debt, I&s;&s;ue was upon the cu&s;tome of <HI>Lon|don,</HI> and upon VVrit to certifie that, Defendant e&s;&s;oyned, and lieth after I&s;&s;ue by the common Law, for after every mean Appearance, it lies by the common Law, though the Statute be (after Inque&s;t) which is not here, and for that the E&s;&s;oyn is allowed.</P>
<P>21 <HI>Ed.</HI> 4. <HI>f.</HI> 19. Debt, I&s;&s;ue was upon the cu&s;tome of <HI>Lon|don,</HI> and upon a VVrit to certifie that, Defendant is e&s;|&s;oyned, and it lieth after I&s;&s;ue by the common Law, for after every mean Appearance, it lies by the common Law, and though the Statute be after Inque&s;t, this is not here.</P>
<P>34 <HI>H.</HI> 6. <HI>f.</HI> 18. <HI>Precipe,</HI> the Tenant prayes aid of him in Rever&s;ion, and had it, and at the Summons to aid him re|turned, the Prayee was e&s;&s;oyned, and had a Day of that E&s;&s;oyn, and at the Day of that E&s;&s;oyn the Tenant was e&s;|&s;oyned, and had it.</P>
<P>22 <HI>Ed.</HI> 3. <HI>fol.</HI> 4. <HI>Quare impedit,</HI> the Plaintiff was e&s;&s;oyned at the <HI>(Di&s;tringas Juratores)</HI> and the Inque&s;t came and ad|journed, but it &s;eems that the Defendant &s;hall not be e&s;|&s;oyned at this Day.</P>
<P>25 <HI>Ed.</HI> 3. <HI>f</HI> 38. <HI>Scire facias,</HI> the Tenant pleads to the I&s;|&s;ue, and at the next Day would have been e&s;&s;oyned, and could not, for it is delay, which &s;hall not be in a <HI>(Scire facias)</HI> by the Statute of <HI>We&s;tm.</HI> 2. <HI>chap.</HI> 45.2 <HI>H.</HI> 7. <HI>fol.</HI> 10.39 <HI>H.</HI> 6. <HI>f.</HI> 53.</P>
<P><PB N="372" REF="189">1 <HI>H.</HI> 7. <HI>fol.</HI> 8. There was an E&s;&s;oyn ca&s;t upon an <HI>(alias ve|nire facias)</HI> where the fir&s;t was not &s;erved.</P>
<P>1 <HI>Ed.</HI> 3. <HI>f.</HI> 38. VVa&s;te, <HI>Venire facias</HI> was abated fir&s;t, and at the &s;econd <HI>Venire facias,</HI> Defendant was e&s;&s;oyned, and that allowed, for the fir&s;t was as nothing.</P>
<P>9 <HI>H.</HI> 5. <HI>fol.</HI> 12. <HI>Dum non fuit compos<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">mentis, Venire facias</HI> a|warded, and not returned, and <HI>Sicut alias</HI> returned, the Tenant was e&s;&s;oyned, and it doth not lie, for it is not the fir&s;t Day after the I&s;&s;ue.</P>
<P>3 <HI>H.</HI> 6. <HI>fol.</HI> 57. Debt, the parties were at I&s;&s;ue, and a <HI>Di|&s;tringas Juratores</HI> returned, at which Day the Defendant ca&s;t an E&s;&s;oyn of the Kings Service, and that E&s;&s;oyn was not allowed.</P>
<P>14 <HI>H.</HI> 6. <HI>f.</HI> 20. The Plaintiff ca&s;t an E&s;&s;oyn, at the <HI>Habe|as corpora Juratorum,</HI> and this turned upon him in De|fault, for the E&s;&s;oyn doth not lie at the &s;econd Day, nei|ther for the Plaintiff, nor for the Defendant, but is outed by the Statute, <HI>We&s;tm.</HI> 2. <HI>chap.</HI> 27. which is <HI>Po&s;tquam ali|quis, &amp;c.</HI> And this Statute is intended as well for the Plaintiff as the Defendant.</P>
<P>12 <HI>H.</HI> 4. <HI>fol.</HI> 24. VVhere an E&s;&s;oyn <HI>de malo veniendi,</HI> was before the Statute of <HI>Marlebridge, chap.</HI> 19. The E&s;&s;oyner &s;wears, that he was &s;ick.</P>
<P>2 <HI>Ed.</HI> 4. <HI>f.</HI> 16. VVhere E&s;&s;oyn of Service of the King is ca&s;t in, it &s;eems that the E&s;&s;oyner &s;hall be &s;worn, for that, 19 <HI>H.</HI> 6. <HI>f.</HI> 51. the &s;ame.</P>
<P>20 <HI>H.</HI> 6. <HI>f.</HI> 22. VVhere one is e&s;&s;oyned of the Kings Ser|vice, the E&s;&s;oyner &s;hall be examined, and &s;worn upon a Book, if he be in the Kings Service or not, and not as he is informed, otherwi&s;e the E&s;&s;oyn &s;hall not be al|lowed.</P>
<P>27 <HI>H.</HI> 6. <HI>fol.</HI> 2. Debt, the Defendant offers to wage his Law, and had Day, <HI>&amp;c.</HI> and at the Day the Plaintiff was e&s;&s;oyned, and after at that Day the Defendant was e&s;|&s;oyned, and after at that Day the Plaintiff ca&s;t in another E&s;&s;oyn, and it lieth well by the Court, for &s;o long as the Plaintiff and Defendant agree, they may fourch by E&s;|&s;oyn.</P>
<P>9 <HI>H.</HI> 6. <HI>fol.</HI> 21. <HI>Quem redditum reddit,</HI> again&s;t two, held that they cannot fourch by Di&s;tre&s;&s;e or E&s;&s;oyn: Note, that by 33. <HI>H.</HI> 6. <HI>f.</HI> 6. E&s;&s;oyn doth not lie in this Action, for that that this is Judicial.</P>
<P><PB N="373" REF="189">2 <HI>Ed.</HI> 4. <HI>fol.</HI> 20. Dower, again&s;t <HI>A.B.C.</HI> and at the Day <HI>A.</HI> makes Default, and <HI>B.</HI> was e&s;&s;oyned, and <HI>C.</HI> appears, and the &s;ame Day given to <HI>C.</HI> and at the Day <HI>A.</HI> made ano|ther Default, and <HI>B.</HI> appeared, and <HI>C.</HI> ca&s;t the E&s;&s;oyn, VVell, for every one &s;hall have an E&s;&s;oyn, notwith&s;tand|ing the Statute of <HI>Marlebridge, chap.</HI> 19. but after they &s;hall not have more E&s;&s;oynes.</P>
<P>48 <HI>Ed.</HI> 3. <HI>fol.</HI> 20. <HI>Precipe,</HI> again&s;t the Husband and his VVife, before Appearance, each one may be e&s;&s;oyned after other, but not after again, 4 <HI>H.</HI> 6. <HI>f.</HI> 6.9 <HI>H.</HI> 6. <HI>f.</HI> 44.</P>
<P>3. H. 7. <HI>f.</HI> 13. <HI>Precipe:</HI> the Tenant was e&s;&s;oyned, and after vouched, and the Vouchee was e&s;&s;oyned, at the Day the Tenant was e&s;&s;oyned, and it doth not lie, 22 <HI>Ed.</HI> 4. <HI>f.</HI> 14.</P>
<P>22 <HI>Ed.</HI> 3. <HI>fol.</HI> 5. <HI>Precipe,</HI> again&s;t three at the Summons, one was e&s;&s;oyned, and others have the &s;ame Dayes, at which Day another was e&s;&s;oyned, and the &s;ame Day, <HI>&amp;c.</HI> and the E&s;&s;oyn adjourned, but after they have all appear|ed, they cannot fourch or avoid.</P>
<P>29 <HI>Ed.</HI> 3. <HI>fol.</HI> 25. <HI>Formed on,</HI> again&s;t a Husband and his VVife, and at the fir&s;t Day the Husband appeared, and the VVife was e&s;soyned, and at the &s;econd Day the VVife appeared, and the Husband is e&s;&s;oyned and allowed, but after that they have appeared they cannot fourch by E&s;|&s;oyn, for the Statute is, that Coparceners and Joint-te|nants cannot at any time fourch or avoid, and &s;o of the Husband and the VVife, 30 <HI>Ed.</HI> 3. <HI>f.</HI> 25. See 38 <HI>Ed.</HI> 3. <HI>f.</HI> 1. for fourching by Di&s;tre&s;&s;e, 4 H. 6. <HI>f.</HI> 6.</P>
<P>3 H. 6. <HI>fol.</HI> 36. Debt again&s;t a Par&s;on of the Arrerages of an Annuity, the Defendant prayed aid of the Patron and Ordinary, and there were four Patrons, and at the Sum|mons to aid, one was e&s;&s;oyned, and the three have the &s;ame Day, and at the Day he e&s;&s;oyned appeared, and ano|ther e&s;&s;oyned, <HI>&amp;c.</HI> and now, after every other was e&s;|&s;oyned one after another, the fir&s;t ca&s;t the E&s;&s;oyn, and could not fourch, 33 <HI>H.</HI> 6. <HI>f.</HI> 28.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Over the Sea, and the Kings Service.</HEAD>
<P><HI>FOrte&s;cue</HI> &s;aith, where the party hath an Attorney in Court, he &s;hall not be e&s;&s;oyned of being beyond Sea; therefore not of the Kings Service: 19 H. 6. <HI>f.</HI> 57.</P>
<P><PB N="374" REF="190">2 <HI>Ed.</HI> 4. <HI>fol.</HI> 18. At the &s;mall Cape again&s;t the Husband and Wife, the Husband was e&s;&s;oyned of the Kings Ser|vice, notwith&s;tanding that he had an Attorney not e&s;|&s;oyned, for the Attorney &s;hall not be e&s;&s;oyned of this E&s;|&s;oyn.</P>
<P><HI>Britton, fol.</HI> 281. Our Service as being in Our power, and the defence of Us, and of Our People, and of Our Realme.</P>
<P>35 H. 6. <HI>f.</HI> 1. Where one e&s;&s;oyned of the Kings Service, and hath a Day to bring that in, he ought to bring that in, under the great Seal of the King, and not the privy Seal.</P>
<P>19 H. 6. <HI>f.</HI> 50. If one be the Kings Carver, he &s;hall not be e&s;&s;oyned of the Kings Service; and yet the Woman which is Landerer, or Nur&s;e, &s;hall be e&s;&s;oyned of the Kings Service.</P>
<P>4 H. 6. <HI>f.</HI> 8. One effoyned of the Kings Service, which is under Bail, and cannot, for by the Bail he is intended in Pri&s;on, and by the E&s;&s;oyn at large.</P>
<P>10 H. 4. <HI>f.</HI> 6. <HI>Quareimpedit,</HI> E&s;&s;oyn of the Kings Service is not allowable for the mi&s;chief of Lapps, 27. H. 6. <HI>fol.</HI> 1. the &s;ame.</P>
<P>12 H. 4. <HI>fol.</HI> 24. Where one is e&s;&s;oyned of the Kings Ser|vice, the name of the E&s;&s;oyner &s;hall be put in, for if his Ma&s;ter do not bring in his Warrant, Deceit lies again&s;t him and his Ma&s;ter.</P>
<P><HI>Fitzh.</HI> 17. H. If one be e&s;&s;oyned of the Kings Service, and at the Day he doth not bring in his Warrant, he &s;hall loo&s;e twenty &s;hillings, <HI>&amp;c.</HI> by <HI>Gloce&s;ter, chap.</HI> 8. and fur|ther &s;hall be in the Mercy, and it &s;hall be allowed. See 45 <HI>Ed.</HI> 3. <HI>f.</HI> 24.</P>
<P>44 <HI>Ed.</HI> 3. <HI>f.</HI> 5. E&s;&s;oyn of the Kings Service, doth not lie in a Writ of Dower.</P>
<P>22 <HI>Ed.</HI> 3. <HI>f.</HI> 10. At the <HI>Venire facias</HI> returned, the Defen|dant puts the word without Day by Protection, and at the re-&s;ummons he was e&s;&s;oyned of the Kings Service, and had it.</P>
<P>27 <HI>Ed.</HI> 3. <HI>f.</HI> 81. In Replevin, the Avowant was e&s;&s;oyned of the Kings Service, and for that, that he doth not bring in his Warrant of that, he &s;hall lo&s;e twenty &s;hillings for the Journey, and not Damages, nor any other thing.</P>
<P>29 <HI>Ed.</HI> 3. <HI>f.</HI> 17. At the <HI>Di&s;tringas,</HI> one was e&s;&s;oyned of the
<PB N="375" REF="190">Kings Service, and at the Day did not bring in his VVar|rant and came not, by which by Award he lo&s;t his I&s;&s;ues returned upon him, that is, five and twenty &s;hil<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ings, and the Plaintiff hath for the delay forty &s;hillings.</P>
<P>29 <HI>Ed.</HI> 3. <HI>f.</HI> 46. After I&s;sue in Tre&s;pa&s;s, the defendant is e&s;soyned of the Kings Service, and at the day fails of his VVarrant, and by Award he &s;hall recover damages by the Statute to twenty &s;hillings, and further 20. &s;hillings, by di&s;cretion of the Court, and the Inque&s;t taken by default, 2 <HI>Ed.</HI> 4. <HI>f.</HI> 16.</P>
<P>19 H. 6. <HI>f.</HI> 51. In Replevin, at the <HI>Habeas corpora Jurato|rum,</HI> the Plaintiff was e&s;soyned of the Kings Service, the E&s;soyner was &s;worn, and had it.</P>
<P><HI>Fitzh.</HI> 29. <HI>C.</HI> If a man be e&s;soyned of the Kings Service, the Plaintiff may have a &s;pecial VVrit; if he be not in the Kings Service, to di&s;allow the E&s;soyn.</P>
<P>4. <HI>Book of A&s;&s;.</HI> 3. Attaint is laid, at the next day, after the fir&s;t day, and qua<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ht, and in <HI>Juris utrum</HI> it doth not lie after Appearance.</P>
<P>4. <HI>Book of A&s;si&s;e</HI> 2. Attaint after Appearance, the De|&s;endant is e&s;&s;oyned of the Kings Service.</P>
<P>29. <HI>Book of A&s;&s;.</HI> 25. Attaint after Appearance, the Plain|tiff ca&s;ts the E&s;&s;oyn, and was qua&s;ht, that is a common E&s;|&s;oyn.</P>
<P>19. <HI>A&s;&s;.</HI> 15. E&s;&s;oyn is out after I&s;&s;ue in Attaint by the Statute.</P>
<P>18 <HI>Ed.</HI> 4. <HI>f.</HI> 8. Attaint, the Tenant at the Summons was e&s;&s;oyned, and at the Day of Adjournement made Default, and the Attaint was awarded by his Default; and if at the Summons one be e&s;&s;oyned, and at the Day make De|fault, there &s;hall go a grand Cape, and not a &s;mall Cape, for he doth not appear.</P>
<P>30 <HI>H.</HI> 6. <HI>fol.</HI> 1. A&s;&s;i&s;e in common Bench, returnable the <HI>Monday</HI> after <HI>Octabis,</HI> and the Plaintiff was e&s;&s;oyned in <HI>Octav.</HI> and the Court allowed that, and it &s;hall be before parties are demanded; and it &s;eems that E&s;&s;oyn in A&s;&s;i&s;e &s;hall be entered in the Roll of A&s;&s;i&s;e, and the Roll of E&s;|&s;oyn, this is for E&s;&s;oyn of Common Pleas.</P>
<P>1 <HI>H.</HI> 7. <HI>fol.</HI> 21. E&s;&s;oyn is good, though it be not in the Roll of the Plea, but in the Roll of the E&s;&s;oyn.</P>
<P>10 <HI>H.</HI> 6. <HI>fol.</HI> 23. A&s;&s;i&s;e by two, and one makes Default, and &s;o Summons to pro&s;ecute together at the next A&s;&s;i&s;es,
<PB N="376" REF="191">at which day he that made default is E&s;&s;oined, and it doth not lye, but is &s;evered by award.</P>
<P>14 <HI>H.</HI> 6. <HI>fol.</HI> 23. Entry in nature of A&s;&s;i&s;e, the Tenant was E&s;soined, and it was Adjourned, and it is not like to an A&s;&s;i&s;e, for after appearance, there lies no E&s;soin.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Common E&s;&s;oin.</HEAD>
<P><HI>Quem redditum reddit,</HI> and <HI>Scire facias,</HI> they are Judi|cialls, and no E&s;soin lies in them, 33 <HI>H.</HI> 6. <HI>f.</HI> 6.</P>
<P>34 <HI>H.</HI> 6. <HI>f.</HI> 31. Tre&s;pa&s;s, Return, Attach, and <HI>Precpe,</HI> Return &s;ummoned, the Defendant &s;hall be E&s;soined, but when he comes by the great Di&s;tre&s;s, he &s;hall not be E&s;|&s;oined.</P>
<P>34 <HI>H.</HI> 6. <HI>fol.</HI> 50. <HI>Debt.</HI> The Plaintiff at the fir&s;t day may be e&s;&s;oined, unle&s;&s;e the Defendant appear upon a <HI>Capias, Cepi,</HI> or upon an Exigent.</P>
<P>9. <HI>H.</HI> 6. <HI>fol.</HI> 58. Where one is let to Bail, no E&s;&s;oin of the King, or other E&s;&s;oin lies, for that he is in manner as in Pri&s;on.</P>
<P>11. <HI>H.</HI> 6. <HI>fol.</HI> 39. Replegeare at the day of Imparlance, E&s;&s;oin doth not ly for the Defendant.</P>
<P>2 <HI>H.</HI> 4. <HI>fol.</HI> 17. <HI>Deceit,</HI> the Defendant ca&s;ts an E&s;&s;oin af|ter the day given, and it was adjudged and adjourned.</P>
<P><HI>Natura Brevium f.</HI> 13. If any man be e&s;&s;oined of being &s;ick in his bed in a Writ of Right, if the Demandant will averre, that he is not &s;o ill, but that he may well come, and this be found by Inque&s;t, his e&s;&s;oin &s;hal turn him in default.</P>
<P>21. <HI>H.</HI> 7. <HI>fol.</HI> 40. E&s;&s;oin doth not lie in <HI>Quare uon admi|&s;it,</HI> for that it is as a judiciall Writ.</P>
<P><HI>Britton, fol.</HI> 281. He is E&s;&s;oined of &s;ickne&s;&s;e, and force of &s;ickne&s;&s;e, he appeals, as it is of tho&s;e which move them&s;elves again&s;t the Court, and are in riding taken with &s;ickne&s;&s;e, and E&s;&s;oin of force is, as it is of tho&s;e which are hindered by Impri&s;onment, or by Theives, or of other Enemies by the way, or by broken Bridges, or of other pa&s;&s;ages, or hindered by Tempe&s;t, or for want of Boats or Ships.</P>
<P>12 <HI>H.</HI> 4. <HI>f.</HI> 24. <HI>Formedon</HI> by <HI>Thirn.</HI> if no E&s;&s;oin be ca&s;t, and Record the fir&s;t day, it lies not afterwards.</P>
<P>2 <HI>R.</HI> 3 <HI>f.</HI> 15. In a Writ of Right and <HI>Formedon,</HI> which is in his nature, E&s;&s;oin &s;hall be ca&s;t the fir&s;t day of E&s;&s;oynes and proffers, and not afterwards.</P>
<P><PB N="377" REF="191">2 H. 7. <HI>f.</HI> 4. The Demandant or tenant in a <HI>Precipe</HI> may be e&s;&s;oined the fourth day, and every day before the fourth day, and likewi&s;e the fourth day, notwith&s;tanding any challenge taken by his Adver&s;ary, but in a VVrit Judici|all out of the Common Bench, the Partie ought to be e&s;&s;oined the fir&s;t day, and otherwi&s;e not, if that be chal|lenged.</P>
<P>18. <HI>Ed.</HI> 4. <HI>fol.</HI> 4. <HI>Precipe,</HI> E&s;&s;oin of the Kings Service was laid, and it &s;eems there, that every E&s;&s;oin &s;hall be laid the fir&s;t day, or any day before the fourth day, if there be not an exception entered, and the fourth day &s;hall be ad|journed, 1 <HI>Ed.</HI> 5. <HI>fol.</HI> 2.</P>
<P>2 <HI>Ed.</HI> 4. <HI>fol.</HI> 12. Before the Originall be Returned, the Tenant &s;hall be e&s;&s;oined, and this is a common cour&s;e.</P>
<P>30. <HI>H.</HI> 6. <HI>fol.</HI> 1. E&s;&s;oin is <HI>Michiel</HI> where it &s;hould be <HI>Mi|chael,</HI> and &s;hall not be amended, for it is laid before the VVrit be Returned, and hath not the VVrit to &s;ee it.</P>
<P>Every Return hath four dayes, and the fir&s;t day of them, is called the day of E&s;&s;oins and proffers, and the next day after that, is the day of the Return of the VVrits, the third day is the day, the fourth day is the day of appear|ance. And it is an u&s;e if one cau&s;e the Clark of E&s;&s;oins to enter <HI>(ne recipiatur)</HI> as he may the fourth day, E&s;&s;oin cannot be laid, after that is entered, but he may ca&s;t an E&s;&s;oin the fourth day, if that be not entered, if one do not lay the E&s;&s;oin the fourth day, then the next day en|&s;uing, the Party may enter exception, that is, <HI>(ne recipia|tur)</HI> and after &s;hall be no E&s;&s;oin laid.</P>
<P>4 <HI>H.</HI> 6. <HI>fol.</HI> 6. <NOTE PLACE="marg">Vi&s;us in Curia.</NOTE> If one ca&s;t an E&s;&s;oin and appear in the Court before it be adjudged, the E&s;&s;oin &s;hall be defeated, and this by the Statute of que&s;tioning E&s;&s;oins, 12. <HI>H.</HI> 4. <HI>fol</HI> 24. the &s;ame.</P>
<P>7. <HI>H.</HI> 4. <HI>fol.</HI> 40. <HI>Quare impedit</HI> by the King again&s;t <HI>R. Fel|bridge,</HI> the Attorney of the Defendant was E&s;&s;oined at the day of the <HI>(Venire facias)</HI> Returned, and after that the E&s;&s;oin was adjudged, and before the adjournment, the Attorney which was E&s;&s;oined comes into the Court, and was &s;een of the Court: and it &s;eems after the E&s;&s;oin adjudged, that he may be &s;een in the Court very well, though that it be not adjourned, and the E&s;&s;oin very good, 11 <HI>H.</HI> 4. <HI>fol.</HI> 80. <HI>Precipe.</HI> 11. <HI>H.</HI> 6. <HI>fol.</HI> 53. E&s;&s;oin was ca&s;t
<PB N="378" REF="192">for the husband and wife, and the E&s;&s;oin was outed for the Husband, becau&s;e he was &s;een in the Court, and al|lowed for the VVife.</P>
<P>45. <HI>Ed.</HI> 3. <HI>fol.</HI> 24. <HI>Mortdance&s;ter</HI> again&s;t <HI>I.</HI> which vouch|eth <HI>B.</HI> which was Enoined at the Summons to warrant, and at the day by Enoin he was E&s;&s;oined of the Kings Service, and at the day that he hath to bring in his VVar|rant, the Tenant was E&s;&s;oined, and the E&s;&s;oin was ad|judged and adjourned.</P>
<P>12. <HI>H.</HI> 4. <HI>fol.</HI> 14. by <HI>Hull,</HI> E&s;&s;oin doth not lie after E&s;&s;oin, nor E&s;&s;oin of the Kings Service, after E&s;&s;oin of the Kings Service, but contrary by mean Proce&s;&s;e.</P>
<P>9. <HI>H.</HI> 5. <HI>fol.</HI> 5. By <HI>Strange,</HI> common E&s;&s;oin doth not lie after common E&s;&s;oin, without mean degree, but after com|mon E&s;&s;oin, E&s;&s;oin of the Kings Service lyeth, 21. <HI>Ed.</HI> 3. <HI>fol.</HI> 13. the &s;ame.</P>
<P>21. <HI>Book of A&s;&s;i&s;es,</HI> 11 <HI>A&s;&s;i&s;e.</HI> The Sheriffe Returns that the Plaintiffe hath not found Pledges to pro&s;ecute, and the Plaintiffe was E&s;&s;oined, and the E&s;&s;oin adiudged, for otherwi&s;e the Plaintiffe &s;hall be non-&s;uited.</P>
<P>2 <HI>Ed.</HI> 4. <HI>fol.</HI> 16. At the great Cape returned again&s;t the Husband and the Wife, the Husband ca&s;ts the E&s;&s;oin of the Kings Service, where he had an Attorney in Court, and held that the E&s;&s;oin lies well, notwith&s;tanding that he hath an Attorney in Court, contrary of a common E&s;&s;oin, for that cannot be, where he hath an Attorney in Court.</P>
<P>4. <HI>H.</HI> 6. <HI>fol.</HI> 10. <HI>Dower.</HI> At the grand Cape the Tenant wages his Law of non-Summons, and at the day E&s;|&s;oin is ca&s;t for him, and &s;aith that he hath an Attorney in Court, and notwith&s;tanding this, the E&s;&s;oin lies, for here the Attorney is out of the Court.</P>
<P>7. <HI>H.</HI> 4. <HI>fol.</HI> 6. <HI>Precipe,</HI> at the great Cape Returned, one renders his Law by Attorney, and at the day of the Law the Attorney laid an E&s;&s;oin, and had no day, for it was &s;aid to him, to let his Ma&s;ter come.</P>
<P>19 <HI>H.</HI> 6. <HI>fol.</HI> 30. Debt, at the day that he hath to make his Law, his Attorney was E&s;&s;oined, and he ought not to be E&s;&s;oined, for he is out of the Court.</P>
<P>18 <HI>H.</HI> 6. <HI>fol.</HI> 20. <HI>Precipe,</HI> The Tenant hath two Attor|neys, and the one is E&s;&s;oined, and not the other, and good, for their Warrant is ioynt and &s;everall, and excu|&s;es the ma&s;ter, 11 <HI>H.</HI> 4. <HI>fol.</HI> 53. the &s;ame.</P>
<P><PB N="379" REF="192">19 <HI>H.</HI> 6. <HI>fol.</HI> 57. The Attorney of one Party cannot be E&s;&s;oined of the Kings Service.</P>
<P>21 <HI>Book of A&s;&s;i&s;es</HI> 7. Where the Defendant appears, and an&s;wers by Attorney, he &s;hall not be after E&s;&s;oined, un|le&s;&s;e his Attorney be al&s;o E&s;&s;oined.</P>
<P>14 <HI>H.</HI> 4. <HI>fol.</HI> 13. <HI>Quare impedit,</HI> The Plaintiffe was E&s;|&s;oined, and the Defendant &s;aith, that the Plaintiffe hath an Attorney that is not E&s;&s;oined, and by <HI>Hank,</HI> that Challenge was entered, and at the day that the Plaintiffe had by E&s;&s;oin that &s;hall be &s;hewed, and if it be found, then the Defendant &s;hall have a Writ to the Bi&s;hop, and in the mean time the E&s;&s;oin was adiourned.</P>
<P>45. <HI>Ed.</HI> 3. <HI>fol.</HI> 10. Debt, at the Exigent, the Defen|dant came by <HI>Super&s;edeas</HI> upon Bail, and at the day of the Exigent returned, the Plaintiffe was E&s;&s;oined, and therefore the defendant &s;hall have the &s;ame day without Bail; and there agreed if the Party be E&s;&s;oined, and not his Attorney, that this is a di&s;continuance of Proce&s;s, for the Attorney onely &s;hall be E&s;soined, and every Chal|lenge of E&s;soin &s;hall be entered, but it &s;hall not be tryed before the day of Adiournment of the E&s;soin, unle&s;se it be challenged, for that he was &s;een in the Court, which &s;hall be tryed forthwith.</P>
<P>11 <HI>H.</HI> 8. <HI>Tit.</HI> 41. <HI>Formedon,</HI> Conu&s;ance of Plea was granted, and the Demandant &s;ues a Re&s;ummons for fail|ing of Right in the Franchi&s;e, and the Attorney of the Tenant ca&s;t E&s;soin, where another Attorney was E&s;soin|ed upon the Originall, and by the Court, this matter of Challenge cannot be now tryed: the E&s;soin was adiourn|ed, but not adiudged, and it &s;hall be tryed at the Ad|iournment, and if it be found, &s;hall turn him in de|fault.</P>
<P>12 <HI>H.</HI> 4. <HI>fol.</HI> 25. A man hath two Attorneys, and after the view the one was E&s;soined, and the other not, and by <HI>Hull,</HI> By this Challenge, the E&s;soin &s;hall be adiourn|ed, but not adiudged, and by <HI>Hank,</HI> in &s;ome Ca&s;e E&s;|&s;oin &s;hall be adiudged, and not adiourned, as the De|mandant in <HI>Precipe</HI> is E&s;soined, and at the &s;ame day Protection is &s;hewed out for the Tenant in this Ca&s;e, the E&s;soin &s;hall be adiudged, &s;o that the Demandant &s;hall not be non&s;uited, but it &s;hall not be adiourned.</P>
<P>12 <HI>H.</HI> 7. <HI>fol.</HI> 8. <HI>Formedon,</HI> The Tenant makes two Attor|neys,
<PB N="380" REF="193">and at the day upon the view granted, the Tenant and one Attorney makes default, and the other Attor|ney was E&s;soined, and it was held clearly that the E&s;|&s;oin of one Attorney excu&s;eth the default of the Tenant, and the other Attorney, for they were Attorneys Joint, and &s;everall.</P>
<P>2 <HI>H.</HI> 5. <HI>fol.</HI> 2. <HI>Formedon,</HI> After the view the Tenant was E&s;soined, and notwith&s;tanding that he had an Attorney not E&s;soined, the E&s;soin was allowed, <HI>&s;ub Calumnia,</HI> for the Attorney peradventure is removed, and agreed, if he have no Attorney in Court, he him&s;elf may be e&s;|&s;oined.</P>
<P>11 <HI>H.</HI> 7. <HI>fol.</HI> 42. E&s;soin was amended in <HI>Precipe</HI> of Rent where the E&s;soin was entered in a Plea of a yearly Rent, where it &s;hould have been in a Plea of Land.</P>
<P>18 <HI>Ed.</HI> 4. <HI>fol.</HI> 4. The Writ was <HI>J.S.</HI> and the E&s;soin was <HI>J.S.</HI> of <HI>Dale</HI> in the County of <HI>Kent,</HI> and for this variance it was qua&s;ht, and &s;hall not be amended, for the Clerk had no fight of the VVrit, for the E&s;&s;oyne was before the VVrit returned.</P>
<P>30 H. 6. <HI>f.</HI> 1. At the <HI>Pone</HI> in a <HI>Quare impedit,</HI> the In|cumbent was E&s;soined, and was varying from the name in the Writ, for the E&s;soin is <HI>Mich.</HI> and the Writ <HI>Micha|ell,</HI> and adiudge that it &s;hould not be amended, for that the E&s;soin was put in, before the Writ came in.</P>
<P>10. <HI>H.</HI> 7. <HI>f.</HI> 6. <HI>Precipe,</HI> The Tenant hath view where it was not grantable, and at the day of the <HI>Habere facias vi|&s;um,</HI> The Tenant would have been E&s;soined, and could not, in &s;o much as the view was not grantable.</P>
<P>19 <HI>H.</HI> 6. <HI>fol.</HI> 80. Debt, The Defendant came by <HI>Cepi Corpus,</HI> and the Plaintiffe is E&s;soined, by this the Defen|dant &s;hal have the &s;ame day without Bail; but if the Plain|tiffe had appeared, the Defendant &s;hould an&s;wer in cu|&s;tody, and after &s;hall be by Bail till the end of the Plea.</P>
<P>12 <HI>Ed.</HI> 3. <HI>tit.</HI> 58: <HI>B.</HI> VVa&s;t, the <HI>Venire facias</HI> was abated, and a new one went out and was returned, the Defendant ca&s;t E&s;&s;oyne and it was adiudged and adiourned, though there were the &s;econd <HI>Venire facias,</HI> for the fir&s;t was as none.</P>
<P>19 <HI>Book of A&s;&s;i&s;es</HI> 12 <HI>A&s;s.</HI> The Plaintif was e&s;soyned, and the VVrit indorced <HI>Tarde,</HI> and notwith&s;tanding that
<PB N="381" REF="193">the Ju&s;tices adiuged, and adiourned the E&s;&s;oin.</P>
<P>21 <HI>Ed.</HI> 4. <HI>f.</HI> 79. It &s;eems that E&s;&s;oin doth not lie for a Corporation, for the E&s;&s;oin <HI>de malo veniendi,</HI> nor the E&s;|&s;oin <HI>de malo lecti,</HI> doth not lye, for it is to excu&s;e the De|fendant, and a Corporation cannot appear in per&s;on, but by Attorney, nor an E&s;&s;oin of the Kings &s;ervice, nor of beyond the Seas, for all cannot be together by common In|tendment, and Protection doth not lie for a Corporation.</P>
<P>10 <HI>H.</HI> 6. <HI>f.</HI> 1. <HI>Scire facias</HI> by three and two were E&s;&s;oin|ed, the E&s;&s;oin qua&s;ht by the Court, for that delayes are outed by <HI>We&s;tm.</HI> 2 <HI>Chap.</HI> 45. 2 <HI>H.</HI> 7. <HI>f.</HI> 10. the &s;ame.</P>
<P>11 H. 6. <HI>f.</HI> 31 At the day of Imparlance the Plaintiffe &s;hall not be E&s;&s;oined, al&s;o he &s;hall be non&s;uited, if he do not appear.</P>
<P>45 <HI>Ed.</HI> 3. <HI>f.</HI> 19. <HI>Precipe,</HI> the Tenant vouches, and Proce&s;s continue untill the <HI>Sequatur,</HI> at which day the Tenant is e&s;soyned, and it lies well.</P>
<P>10 <HI>Ed.</HI> 4. <HI>fol.</HI> 15. <HI>Formedon,</HI> the parties were at I&s;&s;ue, and after di&s;continuance by Demi&s;e upon re-&s;ummons, &s;aid, that the Tenant &s;hall not be e&s;&s;oyned: See the Statute is, that E&s;&s;oyn doth not lie, becau&s;e re-&s;ummons was in the la&s;t Pre&s;entment, 1 H. 6. <HI>f.</HI> 6. the &s;ame, 1 <HI>R.</HI> 3. <HI>f.</HI> 4.</P>
<P>34 H. 6. <HI>f.</HI> 34. Tre&s;pa&s;s upon re-attachment, the Tenant was e&s;soyned, and &s;aid, that it lies.</P>
<P>44 <HI>Ed.</HI> 3. <HI>fol.</HI> 4. <HI>A&s;&s;.</HI> Di&s;continued for not coming of the Ju&s;tices, and upon re-attachment the Plaintiff is e&s;soyned, and it lies, and yet the Statute of <HI>We&s;tm. chap.</HI> 41. is, who hath once appeared in A&s;&s;i&s;e &s;hall not be afterwards e&s;|&s;oyned, 44. <HI>Book of A&s;&s;i&s;e,</HI> 24. the &s;ame.</P>
<P>22 <HI>Ed.</HI> 3. <HI>fol.</HI> 10. At the <HI>Venire facias</HI> returned, the De|fendant put the Paroll without Day by Protection, and at the re-&s;ummons he was e&s;soyned of the Kings Service, and had it.</P>
<P>21 <HI>Ed.</HI> 3. <HI>Tit.</HI> 35. <HI>B.</HI> Paroll was put without Day in a <HI>Precipe</HI> again&s;t a Prior, for that that the King had &s;ent a <HI>Super&s;edeas,</HI> that he had &s;ei&s;ed the Land for Warr, for that the Tenant was a Prior &s;tranger, and after Demand at the <HI>Procedendo,</HI> and re-&s;ummons where the Paroll was put without Day before, after <HI>Venire facias</HI> returned, and the Jury appeared, and at the Day of the re-&s;ummons re|turned, the Prior was e&s;soyned, and was challenged, for that, that the Prior was another time e&s;soyned upon the
<PB N="382" REF="194"><HI>Venire facias</HI> in the fir&s;t Action, and it was not allowed, but the E&s;soyn admitted.</P>
<P>30. <HI>Book of A&s;&s;.</HI> 51. <HI>Mortdance&s;ter,</HI> at the re-&s;ummons the Tenant ca&s;t an E&s;&s;oyn, and it was qua&s;ht by the Sta|tute <HI>De Calumniandis.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Wardens of Churches.</HEAD>
<HEAD TYPE="sub">Though the Statutes for high-wayes, not repaired, give all Forfeitures of tho&s;e Statutes to Church-wardens, yet they are no Corporation, and it is fit to &s;ee what things they may take, and what not, and what Intere&s;t they have in things of the Church, and where they may be removed, and where not, and what Intere&s;t the Par&s;on hath.</HEAD>
<P>PAri&s;honers &s;hall have no Action of Account again&s;t Wardens, but they may choo&s;e other Wardens, which may have Account again&s;t the fir&s;t Wardens, 8 <HI>Ed.</HI> 4. <HI>f.</HI> 6.</P>
<P>37 <HI>H.</HI> 6. <HI>fol.</HI> 32. If a Book be given to the Pari&s;honers of &s;uch a Church, to the u&s;e of the Church, the Wardens &s;hall have Tre&s;pa&s;s again&s;t him which takes this out of the Church.</P>
<P>10 <HI>H.</HI> 4. <HI>fol.</HI> 9. Church-wardens &s;hall have Tre&s;pa&s;s of Bells taken, though the Defendant hangs them in the Steeple, and though they are annexed to the Church, they are no parcell: Par&s;on &s;hall have Tre&s;pa&s;s of Win|dows, and Trees in the Church-yard cut, and the War|dens &s;hall have Tre&s;pa&s;s of the Ornaments taken.</P>
<P>8 <HI>H.</HI> 6. <HI>f.</HI> 9. Par&s;on brings Tre&s;pa&s;s of entering in a Clo&s;e and Hou&s;e, which was the Church-yard, and the Church; and it &s;o feems that he hath intere&s;t in that.</P>
<P>38 <HI>H.</HI> 6. <HI>fol.</HI> 19. Par&s;on &s;hall have A&s;&s;i&s;e of Church-yard, or Glebe.</P>
<P>8 <HI>H.</HI> 7. <HI>f.</HI> 12. The Free-hold of the Church is to the Par|&s;on, and the Pewes are Chattels, unle&s;s they be fixt, but &s;ome have Pewes there by Pre&s;cription, but the Pewes fixt there are Free-hold to the Par&s;on.</P>
<P>21 <HI>H.</HI> 7. <HI>f.</HI> 21. Church-yard and Church are to the Par|&s;on, and he &s;hall have Tre&s;pa&s;s of Trees cut in the Church-yard. <HI>Abridgement of A&s;&s;i&s;es, fol.</HI> 112. <HI>A&s;&s;i&s;es.</HI> It is a good Plea for the Defendant at the Juri&s;diction of the
<PB N="383" REF="194">Court to &s;ay, that he is Par&s;on, and that it is parcell of his Church-yard.</P>
<P>15 <HI>H.</HI> 7. <HI>f.</HI> 8. Church and Church-yard are to the Par|&s;on, that is, the Free-hold of them.</P>
<P>30 <HI>Ed.</HI> 3. <HI>Tit. Account, Statham.</HI> See there that the Church is to the Pari&s;honers.</P>
<P><HI>Brit. fol.</HI> 84. Church-yards, burying-places, Church or Chancels are to none. Seek.</P>
<P>9 <HI>Ed.</HI> 4. <HI>fol.</HI> 15. Indictment by the Church-wardens, why by force of Armes, the Goods of the Chappell, <HI>&amp;c.</HI> be|ing, it &s;eems good, and it &s;eems, if it were the Goods of the Pari&s;honers it were better.</P>
<P>8 <HI>Ed.</HI> 4. <HI>f.</HI> 6. Tre&s;pa&s;&s;e by the Church-wardens, and it is to the lo&s;s of the Pari&s;honers, and it &s;eems they are a Cor|poration for per&s;onal things.</P>
<P>9 <HI>Ed.</HI> 4. <HI>fol.</HI> 15. Tre&s;pa&s;s was brought by Dame <HI>wiche</HI> again&s;t the Par&s;on, for taking a Coat-armor, certain Pendants with the Armes of Sir <HI>Hugh Wiche</HI> her Husband. And it &s;eems that a Par&s;on &s;hall not have that, nor the Church-wardens, for they are hung there for the honour of the Body of him that was buried there.</P>
<P>37 H. 6. <HI>f.</HI> 32. Church-wardens &s;hall have Tre&s;pa&s;&s;e of the Goods of the Pari&s;h taken, and an Appeal of Robbery.</P>
<P>12 H. 7. <HI>fol.</HI> 32. Wardens of the Church cannot let Lands, nor take Lands, but they may have Goods.</P>
<P><HI>Abridg. of A&s;&s;. fol.</HI> 76. Church-wardens may have an Ap|peal of Robbery of the Church Goods.</P>
<P>13 H. 7. <HI>f.</HI> 9. Church-wardens cannot let Lands, for the Law gives them Authority to receive Goods, but not to depart with any thing, and may have Tre&s;pa&s;s of Goods of the Church taken.</P>
<P>8 H. 5. <HI>fol.</HI> 4. To the Wardens of the Church are the Books, and Bells, and Goods of the Church.</P>
<P><HI>Doct. and Student, f.</HI> 118. For not inclo&s;ing the Church|yard, and for not &s;ufficient repairing the Church, &s;hall be a Complaint to the Ordinary.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Waging of Law.</HEAD>
<DIV3 TYPE="section">
<HEAD>Then for that, that the ancient Triall in Court Baron is by wa|ging of Law, and al&s;o in Plaints for Copy-hold-Lands of
<PB N="384" REF="195">non-&s;ummons, it is needfull to &s;ay &s;omething of waging of Law, and what will &s;ave his Default, and where, with|out waging the Law of non-&s;ummons.</HEAD>
<P>TRiall, that in Court Baron the Triall is by waging Law, but it may be by a Jury by con&s;ent of the parties, 33 H. 8. <HI>f.</HI> 143.</P>
<P>18 H. 8. <HI>fol.</HI> 3. Of Detinue, and counts of delivering of Goods by another hand, the Defendant may wage his Law, for the Detinue is the cau&s;e of Action, and not the Delivery: but in Account and Counts of a Receit by an|other hand, he cannot wage his Law, for the Receit is traver&s;able, 34 <HI>Ed.</HI> 3. <HI>f.</HI> 61.</P>
<P>26. H. 8. <HI>f.</HI> 26. <HI>Detinue,</HI> It &s;eems though the delivery were by deed, it may be di&s;charged by matter in the evidence by redelivery, and in account of receit, by the Plaintiffs own hands, and he &s;hews a deed te&s;tifiing that, yet the De|fendant in the&s;e ca&s;es may wage his Law, 16 <HI>Ed.</HI> 3. <HI>tit.</HI> 57. <HI>F.</HI> See, 27 H. 8. <HI>f.</HI> 26.</P>
<P>Account, the Defendant &s;hews a deed witne&s;&s;ing the re|ceit, Defendant &s;hall not have his Law.</P>
<P>Debt upon Arbitrement, for Money awarded, Defen|dant may wage his Law for he hath notice of the award, and ought to take notice of it, and &s;o it &s;eems in debt a|gain&s;t a Husband and his Wife, for debt of the Wife, for the Wife is party alwayes, 1 H. 7. <HI>f.</HI> 25.</P>
<P>10 H. 7. <HI>f.</HI> 18, In debt upon a Statute of Cappers, De|fendant cannot wage his Law, for it is a matter of Record, 50 <HI>Ed.</HI> 3. <HI>f.</HI> Where the King is party Defendant cannot wage his Law.</P>
<P>13 <HI>H.</HI> 7. <HI>f.</HI> 3. Debt again&s;t Succe&s;&s;or of an Abbot, where Predece&s;&s;or makes a bargaine, that is buying Fi&s;hes which comes to the u&s;e of the Hou&s;e, and the Succe&s;&s;or, hath his Law, and yet it was of anothers Contract</P>
<P>1 <HI>H.</HI> 7. <HI>f.</HI> 25. Contrary, for he hath notice of the bar|gaine, and &s;aid, if my Servant buy a Hor&s;e for me, in debt again&s;t me of that contract, I may wage my Law, 13 <HI>H.</HI> 7. <HI>fol.</HI> 3.</P>
<P>2 <HI>H.</HI> 4. <HI>f.</HI> 16. Where the Te&s;tator may wage his Law, no Action lies again&s;t the Executors, 15 <HI>Ed.</HI> 4. <HI>f.</HI></P>
<P>3 <HI>H.</HI> 4. <HI>fol.</HI> 3. Where the Defendant is ready to wage his Law, and the Plaintiffe is Demandant, and makes default,
<PB N="385" REF="195">he cannot be non-&s;uted, where before he appeared in Court. But if he had imparled to this day he might be non-&s;uted.</P>
<P>6 <HI>H.</HI> 4. <HI>fol.</HI> 2. In debt for dammages recovered in a Ba&s;e Court, the Defendant tenders his Law, but &s;hall not have it. 34 <HI>H.</HI> 6. <HI>fol.</HI> 64.</P>
<P>11 <HI>H.</HI> 4. <HI>fol.</HI> 54. In debt for money awarded upon arbi|trement, the Defendant may have his Law. 22 <HI>H.</HI> 6. <HI>fol.</HI> 46. the &s;ame. 2 <HI>H.</HI> 5. <HI>fol.</HI> 6. the &s;ame.</P>
<P>8 <HI>Ed:</HI> 4. <HI>fol.</HI> 4. Detinue of Charters, held by all the Ju|&s;tices, that the Defendant may traver&s;e the delivery gene|rally, for that, that he could not wage his Law but in De|tinue of Charters. If the Plaintiffe do not intitle him&s;elf 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.</P>
<P>9 <HI>Ed:</HI> 4. <HI>fol.</HI> 1. Debt, where a man lets a Chamber to the Defendant, and takes his wife and &s;on to table, rendring for the Chamber and Table 6 s. a week, defendant cannot for his debt wage his Law.</P>
<P>9 <HI>Ed:</HI> 4. <HI>fol.</HI> 25. Debt again&s;t the Husband and his wife for debt of the wife before the marriage, both &s;hall wage their Law, for by the marriage the debt is the Husbands. 15 <HI>Ed.</HI> 4. <HI>fol.</HI> 2. the &s;ame.</P>
<P>16 <HI>Ed.</HI> 4. <HI>fol:</HI> 15. Debt of the &s;ale of cloaths, the Defen|dant may wage his Law. The &s;ame Law is in debt for wages, unle&s;&s;e the reteiner be according to the Statute of La|bourers.</P>
<P>21 <HI>Ed.</HI> 4. <HI>fol.</HI> 26. Debt for an Hor&s;e &s;old for 10 l. where there were two, or the contrary; or if he count of a Cow where it was a garment, it &s;eems he may wage his Law by con&s;cience, for it is another contract.</P>
<P>22. <HI>Ed:</HI> 3. <HI>fol:</HI> 2. Detinue, if a man deliver to me goods in &s;atisfaction 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 &s;ame law in Detinue of a white hor&s;e, which indeed is bay. The &s;ame in Detinue of cloath of 20 yards, where it is but 13. the Defendant in the&s;e ca&s;es, by con&s;cience may wage his Law.</P>
<P>34 <HI>H.</HI> 8. <HI>tit:</HI> 97. Detinue of a Deed Indent of a Lea&s;e for years, the Defendant cannot wage his Law, for this
<PB N="386" REF="196">concerns Land, and a Chattell reall.</P>
<P>21 <HI>Ed:</HI> 4. <HI>tit:</HI> 79. Detinue of a che&s;t with Writings, en|ealed, or of a Box en&s;ealed with Writings, the Defendant may wage his Law. And where he counts of a che&s;t en&s;eal|ed with Writings, and of a &s;peciall Deed, the Defendant may &s;ay to this deed he detains not, and to the re&s;t wage his Law. 19 <HI>H.</HI> 6. <HI>fol.</HI> 9. the &s;ame. And 38 <HI>H.</HI> 6. <HI>fol:</HI> 25. the &s;ame. 44 <HI>Ed:</HI> 3.1. and 10 <HI>H.</HI> 6. <HI>fol:</HI> 20.</P>
<P>12 <HI>R:</HI> 2. <HI>tit.</HI> 43. Debt for amerciament in Leet, Defen|dant &s;hall not have his Law.</P>
<P>39 <HI>H:</HI> 6. <HI>fol:</HI> 36. Debt upon a Bargain, the Plaintiffe &s;hews a Deed witne&s;&s;ing the receit of it, yer defendant &s;hall have his Law.</P>
<P>32 <HI>H:</HI> 6. <HI>fol:</HI> 19. Debt for a Sallary in Husbandry retein|ed, Defendant &s;hall not have his Law.</P>
<P>8 <HI>H:</HI> 5. <HI>tit.</HI> 5. <HI>Quo minus.</HI> B. A man &s;hall not wage his Law in a <HI>(Quo minus)</HI> where one &s;ues that for debt, and payes the King: 32 <HI>H.</HI> 6. <HI>fol:</HI> 28. the &s;ame.</P>
<P>32 <HI>H:</HI> 8. <HI>tit.</HI> 112. It was &s;poken for Law, that a man &s;hall not wage his Law in <HI>(Quo minus)</HI> But &s;ee <HI>Tit.</HI> 102. <HI>B.</HI></P>
<P>2 <HI>H:</HI> 5. <HI>fol:</HI> 6. Debt for money awarded by Arbitrators, defendant &s;hall have his Law, for they are not Judges of Record. 5 <HI>H.</HI> 5. <HI>fol:</HI> the la&s;t, the &s;ame.</P>
<P>9 <HI>H.</HI> 5. <HI>fol.</HI> 5. Debt upon Arrearages of account before Auditors, defendant &s;hall not have his Law for that, be|cau&s;e they be as Judges of Record: otherwi&s;e it is of Ar|rearages before the Plaintiffe him&s;elf. 5 <HI>H.</HI> 6. <HI>fo:</HI> 17. 43 <HI>Ed:</HI> 3. <HI>fol.</HI> 1. 49 <HI>Ed:</HI> 3. <HI>fol.</HI> 3.</P>
<P>38 <HI>H.</HI> 6. <HI>fol.</HI> 6. The Lord in debt again&s;t him of &s;ur|plu&s;age of Account, he may wage his Law by <HI>Pri&s;ot.</HI></P>
<P>38 <HI>H.</HI> 6. <HI>fol:</HI> 14. Debt for wages, he counts that he was reteined to &s;erve in Husbandry, defendant could not wage his Law; and if he count of another reteiner, he may have his Law.</P>
<P>38 <HI>H:</HI> 6. <HI>fol:</HI> 24. If a Gentleman be reteined in Hu&s;|bandrie in debt for their &s;allarie, defendant cannot wage his Law: But if a Gentleman, or a Carpenter be reteined in other Art then Husbandrie, in debt for their wages, the defendants &s;hall have their Law: 39 <HI>H.</HI> 6. <HI>fol:</HI> 19. 3 <HI>H:</HI> 6. <HI>fol:</HI> 43. the &s;ame.</P>
<P>1 <HI>H:</HI> 6. <HI>fol:</HI> 1. Debt, and counts that he left to the de|fendant certain &s;heep, paying for every &s;heep by the yeer
<PB N="387" REF="196">4 d. and 15 d. for every &s;heep dead; Defendant tenders his Law forthwith, and had it. The &s;ame Law is in debt upon Arbitrement: but otherwi&s;e it is in debt upon a Lea&s;e of land rendring Rent.</P>
<P>3 <HI>H:</HI> 6. <HI>fol:</HI> 14. Debt, Defendant Imparles till the next day, and then comes and tenders his law forthwith; And for that, that all was in one &s;elf &s;ame Tearm, the Plaintiffe &s;hould not be demanded to be non-&s;uited. But for that, that he &s;aid nothing, it &s;hall be entended acknowledged by him. But if he had Imparled till another Tearm, Plain|tiffe &s;hall be demanded, and may be non-&s;uited.</P>
<P>3 <HI>H:</HI> 6. <HI>fol:</HI> 34. Debt by Coun&s;ellor, and how he was reteined by 20 li. yearly, and the Plaintiffe ought to count that he hath given him Coun&s;ell; And the defendant ten|ders his Law, and had it. But in debt for wages of a Com|mon Labourer, Defendant cannot wage his law, for it is certain by the Statute.</P>
<P>3 <HI>H:</HI> 6. <HI>fol:</HI> 43. Debt of 40 s: for Tallow, the defendant &s;aith that he bought the Tallow for 3 s: 6 d: which he is ready to pay, &amp;c. And to the remnant tenders his Law, and had it: and for that it was the &s;ame Tearm, Plaintiffe &s;hall not be demanded; But if it were in another Tearm he &s;hall be demanded.</P>
<P>4 <HI>H.</HI> 6. <HI>fol:</HI> 25. Debt upon Arrearages of account, before an Auditor, Defendant tenders his Law, and had it: 20 <HI>H.</HI> 6. <HI>fo:</HI> 17. the &s;ame.</P>
<P><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <HI>H.</HI> 6. <HI>fol:</HI> 58. Debt upon Arbitrement, Defendant &s;hall have his Law, and in Detinue of delivery by anothers hand, but not in account of receit by another hand.</P>
<P>10 <HI>H.</HI> 6. <HI>fol.</HI> 20. Detinue of Writings en&s;ealed, and counts of one, e&s;peciall of the Land, the Defendant may plead barr to that, and to the remnant tender his Law, and had it.</P>
<P>11 <HI>H.</HI> 6. <HI>fol:</HI> 11. If debt be upon a lea&s;e and Bargain, or upon an Obligation, and Bargain, Defendant may plead to the Obligation, and to the Bargain wage his Law: 14 <HI>H.</HI> 6. <HI>fol:</HI> 1. the &s;ame. 19 <HI>H.</HI> 6. <HI>fol:</HI> 10. the &s;ame: 33 <HI>H.</HI> 6. <HI>fol:</HI> 26.</P>
<P>44 <HI>Ed:</HI> 3. <HI>fol:</HI> 41. Detinue, where the Plaintiffe count of a che&s;t for Writings, the Defendant may wage his Laws but if he counts of a &s;peciall Writing concerning land, he cannot wage his law of that, but of the Che&s;t and the re&s;idue.</P>
<P><PB N="388" REF="197">46 <HI>Ed:</HI> 3. <HI>fol:</HI> 6. Debt upon Contract for 40 s. the De|fendant &s;aith that he doth not know the Contract to be made for &s;o much: but only for 4 s. which he hath been alwaies ready to pay, and yet is: And to the 40 s. he owes him nothing, ready to wage his law, 3 <HI>H.</HI> 6. <HI>fol:</HI> 43.</P>
<P>49 <HI>Ed:</HI> 3. <HI>fol:</HI> 3. Debt upon arrearages of Account, found before Auditors a&s;&s;igned by the Party out of the Court, and the Defendant tenders his law and had it.</P>
<P>21 <HI>H.</HI> 6. <HI>fol:</HI> 48. Detinue of two Writings obligatory, the Defendant may wage his law.</P>
<P>7 <HI>R.</HI> 2. <HI>tit:</HI> 42. <HI>Fitzh.</HI> Debt upon a Lea&s;e of land, the Defendant &s;hall not have his Law.</P>
<P>12 <HI>R.</HI> 2. <HI>tit:</HI> 43: <HI>F.</HI> Debt for Amerciament in Leet, the Defendant &s;hall not have his law.</P>
<P>14 <HI>Ed.</HI> 3. <HI>tit:</HI> 48. F. Account of Receit by his own hand, the Defendant &s;hall have his law, 25 <HI>Ed:</HI> 3. <HI>fol:</HI> 46. the &s;ame.</P>
<P>5 <HI>Ed:</HI> 3. <HI>tit:</HI> 54. <HI>F.</HI> Account of receit by the hands of his Wife, the Defendant &s;hall have his law.</P>
<P>14 <HI>Ed:</HI> 2. <HI>tit:</HI> 69. F. Account of receit by other hands, the Defendant &s;hall not have his law, 17 <HI>Ed:</HI> 2. <HI>tit:</HI> 72 the &s;ame ca&s;e.</P>
<P>27 <HI>H.</HI> 8. <HI>fol:</HI> 26. Account of Receit by his hands, and &s;hews a deed witne&s;&s;ing that, yet the Defendant may wage his Law.</P>
<P>39 <HI>H.</HI> 6. <HI>fol:</HI> 36. Debt upon a Bargain, the Plaintiffe &s;hews a deed witne&s;&s;ing that, yet the Defendant &s;hall have his Law, &s;ee before. 26 <HI>H.</HI> 8. <HI>fol:</HI> 26.</P>
<P>18 <HI>Ed.</HI> 3. <HI>fol:</HI> 53. One which was dumb waged his Law by &s;ignes, and the words were read to him, and he put his hand upon the book, and ki&s;t it, and &s;o waged his Law without words.</P>
<P>21 <HI>H.</HI> 6. <HI>fol:</HI> 47. Where a Lumbard waged his Law.</P>
<P>22 <HI>H:</HI> 6. <HI>fol:</HI> 14. Debt for Commons of one, Defendant &s;hall have his Law. 1 <HI>Ed:</HI> 4. <HI>fol:</HI> 5. 9 <HI>Ed:</HI> 4. <HI>fol:</HI> 1. the &s;ame.</P>
<P>28 H. 6. <HI>fol:</HI> 5. Debt again&s;t a Pri&s;oner of the Tower for his meat, he &s;hall not have his Law, for the Plaintiffe is compellable to give that to him.</P>
<P>27 <HI>H.</HI> 6. <HI>fol:</HI> 16. If the Tenant at the day of the great <HI>Cape</HI> appear, and tenders his Law of non-&s;ummons, and the Sheriffe do not return the Writ, yet he may wage his Law, for he hath day by Roll.</P>
<P><PB N="389" REF="197">33 <HI>H:</HI> 6. <HI>fol:</HI> 8. <HI>Precipe,</HI> At the day of the great <HI>Cape</HI> re|turned, the Tenant &s;aith that he was not &s;ummoned, rea|dy to prove by the Countrey, and &s;hall be tried by waging law, and not by the Countrey, unles upon &s;peciall matter &s;hewed, as if the party were &s;ick, or it be a Mayor and Commonalty, or be a Reclu&s;e: And waging of Law &s;hall be by 12 hands, that is 12, and he him&s;elf &s;hall be &s;worn: But the u&s;e is in Court Baron by 6.</P>
<P>40 <HI>Ed:</HI> 3. <HI>fol:</HI> 40. <HI>Ce&s;&s;avit</HI> again&s;t 3. which 3 at the day of the great <HI>Cape</HI> returned, waged their Law of not &s;um|moned, and at the day 2 made default, and the third ap|peared, and tendered the Arrearages, and could not, unles for the third part, for that, that they are joyned in Tender.</P>
<P>41 <HI>Ed:</HI> 3. <HI>fol:</HI> 2. <HI>Precipe</HI> again&s;t 2 which wage their Law of not &s;ummoned, and at the day one comes and the other not: And he which comes wages his Law, and awarded, that the demandant &s;hould recover the half again&s;t him which made default, and took nothing by his Writ again&s;t the other, 40 <HI>Ed:</HI> 3. <HI>fol:</HI> 35.</P>
<P>48 <HI>Ed.</HI> 3. <HI>fol.</HI> 13. <HI>Ce&s;&s;avit</HI> again&s;t three, they wage their Law of not &s;ummoned at the day, the great <HI>Cape</HI> 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 de&s;ault of the three, and &s;o the Writ &s;hall be for the third part.</P>
<P>40 <HI>Ed.</HI> 3. <HI>fol.</HI> 35. Debt again&s;t two which tender their Law, and at the day one makes default, and the other was readie to wage his Law, and waged his Law: And for that, that the Plaintiffe &s;uffered that, he was barr'd. And yet where the two tendered their Law, and at the day one made default, this was the default of both, If the Plaintiffe had prayed it, and not &s;uffered the Law of one.</P>
<P>44 <HI>Ed.</HI> 3. <HI>fol.</HI> 38. <HI>Precipe,</HI> the Tenant wages his Law of not &s;ummoned, the Writ &s;hall abate.</P>
<P>7 <HI>H.</HI> 4. <HI>fol.</HI> 3. <HI>Precipe</HI> the Tenant makes default after ap|pearance, by which i&s;&s;ues <HI>Pettie Cape,</HI> at which day he ap|pears by Attorney, and the Attorney wages his Law, and day given for his Ma&s;ter again&s;t another day to make his Law.</P>
<P>7 <HI>H.</HI> 4. <HI>fol.</HI> 7. The waging Law &s;hall be in per&s;on by the Tenant, and not by Attorney.</P>
<P><PB N="390" REF="198">24 <HI>Ed:</HI> 3 <HI>tit.</HI> 57. If Sommons in <HI>Precipe</HI> be not &s;erved fifteen days before the fir&s;t day of the return of the Writ the Tenant may wage his Law of not &s;ommoned.</P>
<P>42 <HI>Ed.</HI> 3. <HI>fol.</HI> 7. <HI>Precipe,</HI> at the great <HI>Cape</HI> returned, the Tenant tenders his Law of not &s;ommoned, and at the day comes to wage his Law; And the Demandant offers to waive the default, and prays that the Tenant may plead in cheif. But cannot if the Tenant will not a&s;&s;ent, by which he made his Law, and the Demandant takes nothing by his Writ. But at the fir&s;t day that the Tenant offered his Law, the Demandant might have relea&s;ed the default: 27 <HI>H.</HI> 8. <HI>fol.</HI> 17. the &s;ame.</P>
<P>2 <HI>H.</HI> 5. <HI>fol:</HI> 1. <HI>Formedon,</HI> at the great <HI>Cape</HI> returned, the Demandant is e&s;&s;oined, and for that the Tenant need not wage his Law, for the default is &s;aved. 18 <HI>H.</HI> 6. <HI>fol:</HI> 6.3 <HI>H.</HI> 6. <HI>fol.</HI> 50. the &s;ame.</P>
<P>8 <HI>Ed:</HI> 4. <HI>fol:</HI> 2 <HI>Precipe,</HI> If the Demandant be e&s;&s;oined the day that the Tenant tenders his Law, the default is &s;aved, &amp; he need not wage his Law of not &s;ummoned. But if it be at the day that he hath waged his Law it is otherwi&s;e; for he cannot relea&s;e the default. 33 <HI>H.</HI> 6. <HI>fol.</HI> 49. the &s;ame.</P>
<P>7 <HI>Ed.</HI> 3. <HI>tit.</HI> 51. Saving default. <HI>Fitzh:</HI> at the <HI>Petty Cape</HI> returned the Demandant was e&s;&s;oined, and had day over, at which day he took him to the default, and the Tenant was put to an&s;wer at the default, notwith&s;tanding the &s;aid E&s;&s;oine. 5 <HI>Book of A&s;&s;.</HI> 11. the &s;ame.</P>
<P>4 <HI>Ed.</HI> 3. <HI>tit.</HI> 62. <HI>F.</HI> At the great <HI>Cape</HI> returned the De|mandant was e&s;&s;oined, and day given over, at which day the Demandant took him at default by which it was awar|ded, that he take nothing by his Writ.</P>
<P>3 <HI>H.</HI> 6. <HI>fol.</HI> 48. <HI>Precipe</HI> at the great <HI>Cape</HI> returned, the Defendant &s;aith that he was impri&s;oned by <HI>J. S.</HI> upon a Statute Merchant, by vertue of a Statute acknowledged to him that he could not come; and notwith&s;tanding that this was his own act; that is to &s;ay, the acknowledging the Statute, and not paying it, yet the Impri&s;onment was by the act of the Law, and his default, and by that Plea his default was &s;aved. The &s;ame Law of encrea&s;e of water: 12 <HI>Ed.</HI> 4. <HI>fol.</HI> 44. Saving default. <HI>F.</HI></P>
<P>42 <HI>Ed:</HI> 3. <HI>fol:</HI> 7. <HI>Precipe,</HI> at the <HI>Petty Cape</HI> ret<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">ed, the Tenant &s;aith that he was in Pri&s;on at the time of the de|fault made, ready, &amp;c. And the Demandant to the con|trary,
<PB N="391" REF="198">that he was at large; and the Enque&s;t taken, &amp; &s;ound that he was in pri&s;on, by which the Demandant took no|thing by his Writ: 13 <HI>Ed.</HI> 3. <HI>Tit.</HI> 49. F.</P>
<P>18 <HI>Ed.</HI> 3. <HI>tit.</HI> 35. <HI>F.</HI> At the great <HI>Cape</HI> returned, the Te|nant &s;aith that he was in pri&s;on, &amp;c. The demandant &s;aith that he was in pri&s;on by his own con&s;ent, and by fraud to &s;ave his default. And the Tenant was driven to aver, that he was in pri&s;on again&s;t his will, and upon this I&s;&s;ue taken: 14 <HI>Ed:</HI> 3 <HI>tit.</HI> 39. <HI>F.</HI></P>
<P>13 <HI>Ed:</HI> 3. <HI>tit.</HI> 49. At the petty <HI>Cape</HI> returned, the Te|nant &s;aith that he was in pri&s;on upon a Statute, &amp;c. and the demandant &s;aith, that that was by covin, and &s;o I&s;&s;ue taken that he was in pri&s;on again&s;t his will, taken, and others to the contrary.</P>
<P>39 <HI>H.</HI> 6. <HI>fol:</HI> 17. The Attorney may &s;ave the default where his Ma&s;ter came, and for that both may &s;ave the de|fault, by encrea&s;e of water, and by Impri&s;onment, and not by weakne&s;s, neither of the one nor of the other; for that cannot be tryed if he may come without unavoidable pe|rill of death, or not.</P>
<P>38 <HI>H:</HI> 6. <HI>fol:</HI> 12. Weakne&s;&s;e of an Attorney is not &s;uf|ficient to &s;ave a default, but encrea&s;e of water, and Impri|&s;onment is a cau&s;e. See 50 <HI>Ed.</HI> 3. <HI>fol.</HI> 9. And the Tenant plead in abatement matter for mi&s;cheif of war, and death, which proves the Writ abated without &s;aving his default.</P>
<P>40 <HI>Ed:</HI> 3. <HI>fol.</HI> 2. <HI>Precipe</HI> again&s;t <HI>H.</HI> &s;on of <HI>W. O&s;mond,</HI> the Tenant at the great <HI>Cape</HI> comes without &s;aving his default, and &s;aith, that his Father is named <HI>Edmond,</HI> and not <HI>O&s;|mond,</HI> and for mi&s;cheif of the war he &s;hall have that plea, before default &s;aved by waging of Law.</P>
<P>40 <HI>Ed.</HI> 3. <HI>fol.</HI> 42. <HI>Formedon,</HI> at the day of the <HI>Petty Cape,</HI> the Tenant cometh and &s;aith, that the Demandant hath entred hanging the Writ, and cannot have that Plea in abatement before the default &s;aved.</P>
<P>40 <HI>Ed.</HI> 3. <HI>fol.</HI> 18. <HI>Precipe</HI> again&s;t the Husband and <HI>I&s;abel</HI> his wife, they come before the default &s;aved, that the wife is named <HI>Elizabeth,</HI> and had for the mi&s;cheif of the war.</P>
<P>14 <HI>H:</HI> 4. <HI>tit.</HI> 15. <HI>Precipe,</HI> the Tenant &s;aith, that the De|mandant is out-lawed, and &s;hall not have this before de|fault &s;aved.</P>
<P>38 <HI>Ed.</HI> 3. <HI>tit.</HI> 17. At the great <HI>Cape</HI> again&s;t three, they alledge &s;everall Te<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ancie, and the Writ abate, if he do not
<PB N="392" REF="199">maintain. And they &s;hall not wage the Law of not &s;um|moned, for then they admit the Writ, and that they are Tenants as the Writ &s;uppo&s;eth. 12 <HI>Ed.</HI> 4. <HI>fol.</HI> 1.</P>
<P>14 <HI>H.</HI> 6. <HI>f.</HI> 4. <HI>Precipe,</HI> at the great <HI>Cape</HI> the Tenant would plead Joyntenancy, and could not before his default &s;a|ved, for this comes upon the view. 42 <HI>Ed.</HI> 3. <HI>fol.</HI> 11. the &s;ame.</P>
<P>21 <HI>Ed.</HI> 4. <HI>fol.</HI> 19. <HI>Precipe</HI> again&s;t two at the great <HI>Cape,</HI> one Tenant pleads that the other is dead after the day of the default, and for that, this Plea proves the Writ aba|ted, he &s;hall have this Plea before his default &s;aved: 20 <HI>H.</HI> 6. <HI>fol.</HI> 2. the &s;ame.</P>
<P>42 <HI>Ed:</HI> 3. <HI>fol:</HI> 3. <HI>Precipe</HI> again&s;t two, one Tenant may plead that in the conclu&s;ion of the Writ, the one is left out, and the Writ for that is abated before the default &s;aved.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Pleas after Continuance, and Imparlance, and what not.</HEAD>
<P><HI>AS&s;i&s;e,</HI> where they are adjourned upon Plea in Bar, it &s;eems that he &s;hall not have but one Plea, after the la&s;t continuance, for otherwi&s;e he may delay the party, In|finitely: 28 <HI>H.</HI> 6. <HI>fol:</HI> 1.9. <HI>H.</HI> 7. <HI>fol:</HI> 9.9 <HI>H.</HI> 6. <HI>fol:</HI> 22. <HI>Quare impedit,</HI> cleerly agreed, that a man &s;hall have but one Plea after the la&s;t continuance, upon matter in Deed: And by &s;ome, the &s;ame Law is where it is by matter of Record.</P>
<P>1 <HI>Ed:</HI> 4. <HI>fol:</HI> 3. <HI>A&s;&s;:</HI> It &s;eems that one cannot have divers Pleas after the la&s;t Continuance.</P>
<P>2 <HI>H.</HI> 6. <HI>fol:</HI> 13. Entrie in the Po&s;t, If the Demandant enter, and after there is a Continuance, yet he may plead that, for that, that it is abated: And it is folly of the De|mandant to abate his own Writ. 7 <HI>H.</HI> 6. <HI>fol:</HI> 15. The &s;ame.</P>
<P>7 <HI>H.</HI> 6. <HI>f:</HI> 16. <HI>Quare Impedit,</HI> It was pleaded in abatement, Plaintiffe was made knight after the la&s;t continuance. Judgment of the Writ, and he had it.</P>
<P>20 <HI>H.</HI> 6. <HI>fol:</HI> 17. Tre&s;pa&s;&s;e after <HI>Imparlance,</HI> the Defen|dant &s;aith, that the Plaintiffe was made knight day of the Writ not named knight, Judgement of the Writ, and had that Plea.</P>
<P>35 <HI>H.</HI> 6. <HI>fol:</HI> 5. Where a man is &s;ued by the name of <HI>J.</HI> Prior of the Church of St. <HI>Peter</HI> of <HI>D.</HI> and imparles by an Attorney, he &s;hall not plead in per&s;on afterwards, that he
<PB N="393" REF="199">is Prior of the Church of St. <HI>Peter,</HI> and <HI>Paul,</HI> for that is parcell of the name, which cannot be pleaded after <HI>Impar|lance,</HI> for that doth not&s;tand with, &amp;c.</P>
<P>35 <HI>H.</HI> 6. <HI>fol:</HI> 37. Tre&s;pa&s;&s;e again&s;t <HI>J.S.</HI> of <HI>D.</HI> after <HI>Impar|lance</HI> he demands Judgment of the Writ, for day of the Writ purcha&s;ed he was dwelling at <HI>S.</HI> and not at <HI>D.</HI> and &s;hall not have it, for it is contrary to the name which the hath affirmed by the <HI>Imparlance.</HI></P>
<P>32 <HI>H.</HI> 6. <HI>fol:</HI> 35. After <HI>Imparlance,</HI> the Defendant cannot plead, that he is dwelling in another place, then is in the Count: 19 <HI>H.</HI> 6. <HI>fol:</HI> 1.</P>
<P>35 <HI>H.</HI> 6. <HI>fol:</HI> 43. Debt again&s;t <HI>J. S.</HI> as Executor of <HI>J. D.</HI> and he imparles, he &s;hall not &s;ay after, that he is Admini|&s;trator, and nor Executor: 32 <HI>H.</HI> 6. <HI>fol:</HI> 32. The &s;ame, 36 <HI>H.</HI> 6. <HI>fol:</HI> 17.</P>
<P>37 <HI>H.</HI> 6. <HI>fol:</HI> 32. If the Defendant in per&s;onall action imparle, and at the day makes default, Judgment &s;hall be given, and in a reall action &s;hall be awarded a Pettie <HI>Cape:</HI> 7 <HI>H:</HI> 6. <HI>fol:</HI> 30. The &s;ame, 11 <HI>H</HI> 7 <HI>fol:</HI> 5.38 <HI>H.</HI> 6. <HI>fol:</HI> 36.39 <HI>H.</HI> 6. <HI>fol:</HI> 17.</P>
<P>4 <HI>H.</HI> 7. <HI>fol:</HI> 12. If a man in debt upon an Obligation, im|parle before he demands hearing of the Obligation and Condition, and hath that entred, he cannot plead the Con|dition afterward, for he &s;hall not have hearing of that, if he do not alledge variance.</P>
<P>13 <HI>H.</HI> 7. <HI>fol:</HI> 17. <HI>Precipe</HI> of Lands in <HI>D.</HI> the Tenant im|parles, and at the day he may &s;ay no &s;uch Town: 9 <HI>Ed:</HI> 4. <HI>fol:</HI> 33. the &s;ame, 7 <HI>Ed:</HI> 4. <HI>fol:</HI> 1. Tre&s;pas.</P>
<P>16 <HI>H.</HI> 7. <HI>fol:</HI> 17. Debt by Prior, the Defendant imparles, and at the day &s;aith, that the Plaintiffe is depo&s;ed, for that goes in Bar.</P>
<P>7 <HI>Ed.</HI> 4. <HI>fol:</HI> 1. Tre&s;pas again&s;t <HI>J.S. de D.</HI> in the County of <HI>Middle&s;ex,</HI> after <HI>Imparlance</HI> the Defendant cannot &s;ay, no &s;uch Town <HI>D.</HI> within the &s;aid County: but he may &s;ay there is over <HI>D.</HI> and nether <HI>D</HI> and none without addition: 22 <HI>Ed:</HI> 4. <HI>fol:</HI> 1. the &s;ame.</P>
<P>9 <HI>Ed.</HI> 4. <HI>fol:</HI> 38. <HI>Precipe,</HI> after <HI>Imparlance</HI> one may plead <HI>Non-tenure,</HI> and Joyntenancie: But in <HI>Precipe</HI> of Lands in <HI>D.</HI> and <HI>S.</HI> the Tenant <HI>Imparles,</HI> and at the day &s;aith, That <HI>D.</HI> is an <HI>Hamlet</HI> of <HI>S.</HI> without that, that there is any Town or place known out of the Town named <HI>D.</HI> in the &s;ame County, Judgment of the Writ, and hath the Plea by the whole Court.</P>
<P><PB N="394" REF="200">9 <HI>Ed.</HI> 4. <HI>fol.</HI> 42. Debt again&s;t Executors, after <HI>Imparlance</HI> he cannot &s;ay that the Te&s;tator dyes inte&s;tate, and that the Admini&s;tration was committed to him, Judgment of the Writ, for he is e&s;topped by the <HI>Imparlance,</HI> but he may plead never Executor, nor ever admini&s;tred as an Execu|tor, for that is with the, &amp;c. 32 <HI>H.</HI> 6. <HI>fol.</HI> 32. the &s;ame.</P>
<P>18 <HI>Ed.</HI> 4. <HI>fol.</HI> 19. Writ is abated by death, and abateable by Joyntenancie, and &s;everall tenancie, and where a man is made knight, or a woman takes an husband, and &s;uch like, and &s;aith, where a Writ is abateable if he Imparle, or take continuance, he cannot plead in abatement: But otherwi&s;e it is if it were abated. See 7 <HI>H.</HI> 6. <HI>fol.</HI> 16. and 20 <HI>H.</HI> 6. <HI>fo.</HI> 17. And note that it pleaded there that the Plain|tiffe is a knight.</P>
<P>44 <HI>Ed.</HI> 3. <HI>fol.</HI> 4. After <HI>Imparlance</HI> the Defendant may plead to the Action, as to &s;ay, that the Plaintiffe is a <HI>Channon</HI> pro|fe&s;&s;ed, &amp;c. But he cannot plead to the Writ, unle&s;&s;e he come after the Continuance, unle&s;&s;e it were for that, that the Writ is abated, as death, &amp;c.</P>
<P>20 <HI>Ed.</HI> 4. <HI>fol.</HI> 9. Debt upon a Lea&s;e of a <HI>Corodie,</HI> the De|fendant imparles, and after that &s;hall not have hearing of the Deed. See 4 <HI>H.</HI> 7. <HI>fol:</HI> 12.</P>
<P>4 <HI>H:</HI> 7. <HI>fol.</HI> 17. Replegeare again&s;t three which imparle joyntly, and one makes default, the other cannot plead no &s;uch in being, as one is, which makes default.</P>
<P>11 <HI>H.</HI> 7. <HI>fol.</HI> 5. Debt for Corn, the Defendant imparles, and at the day makes default, there &s;hall go a Writ to in|quire of the value. See 37 <HI>H.</HI> 6. <HI>fol.</HI> 32.</P>
<P>15 <HI>H.</HI> 7. <HI>fol.</HI> 14. Attorney for Corporation after <HI>Impar|lance,</HI> he cannot plead that they are corporate by another name.</P>
<P>32 <HI>H.</HI> 6. <HI>fol:</HI> 12. Where a Writ is abated, he may plead that though there be a Continuance, as to &s;ay that the Plaintiffe is dead, or hath an Husband day of the Writ, but if it be abateable, it is otherwi&s;e, he may &s;ay that after the la&s;t continuance, is made knight, Judgment of the Writ, &amp;c. where it is abateable.</P>
<P>34 <HI>H.</HI> 6. <HI>fol:</HI> 49. Debt upon Obligation by three, the Defendant pleads not his Deed; yet he may plead that af|ter the la&s;t continuance one Plaintiffe is dead.</P>
<P>22 <HI>Ed:</HI> 4. <HI>fol:</HI> 36. Tre&s;pa&s;&s;e. The Defendant after <HI>Im|parlance,</HI> may &s;ay that the Plaintiffe is his wife, Judgment
<PB N="395" REF="200">if Action; or that the Plaintiffe is a Monk profe&s;&s;ed. And in <HI>Mordance&s;ter</HI> that the Demandant is a Ba&s;tard. And in Debt again&s;t Executors, after <HI>Imparlance</HI> he may &s;ay he was never Executor, nor ever admini&s;tred as Executor; for the&s;e are di&s;abilities which go in Bar.</P>
<P>32 <HI>H.</HI> 6. <HI>fol:</HI> 32. It &s;eems a man may plead after a Con|tinuance, that the Plaintiffe is a &s;tranger born, or Monk profe&s;&s;ed, Judgment if Action, and not to the per&s;on. 36 <HI>H.</HI> 6. <HI>fol:</HI> 7.</P>
<P>7 <HI>H.</HI> 6. <HI>fol.</HI> 39. It &s;eems that after <HI>Imparlance,</HI> one can|not plead to the Juri&s;diction, unle&s;&s;e it be after &s;peciall <HI>Imparlance,</HI> &s;aving all advantages, as well to the Juri&s;diction of the Courts as to the Writ, and Declaration.</P>
<P>19 <HI>H.</HI> 6. <HI>fol.</HI> 7. Debt by Executor, which &s;hews the Will (as it behoveth) and after the Defendant imparles, there he &s;hall not have reading of the Will again. 38 <HI>H.</HI> 6. <HI>fol.</HI> 2. But if he plead variance, he &s;hall have (Reading) and &s;o in Debt upon Obligation.</P>
<P>16 <HI>Ed.</HI> 4. <HI>fol.</HI> 4. Debt upon &s;pecialtie, the Defendant may plead Out-lawrie in the Plaintiffe, though he hath parled; for that is a Bar, and intitles the King.</P>
<P>4 <HI>Ed.</HI> 4. <HI>fol.</HI> 15. Debt, after <HI>Imparlance,</HI> one &s;pace in the Count cannot be amended in another tearm.</P>
<P>39 <HI>H.</HI> 6. <HI>fol.</HI> 22. Debt upon arrerages of annuitie, after <HI>Imparlance;</HI> the Defendant cannot have hearing of the Deed: But if the Defendant plead that it was made in ano|ther County, then where the Writ was brought, and then he &s;hall &s;hew. 39 H. 6. <HI>fol.</HI> 17. the &s;ame.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Pleas after day given.</HEAD>
<P>IF the Defendant imparle, and make default, he &s;hall be condemned, and upon day given &s;hall i&s;&s;ue Proce&s;&s;e. 7 <HI>H.</HI> 6. <HI>fol.</HI> 42.</P>
<P>19 <HI>H.</HI> 8. <HI>fol.</HI> 6. Note by all the Prothonotaries that (day given) is ever before the Count, and <HI>Imparlance</HI> is after the Count, and therefore where three <HI>Capias</HI> and <HI>Exigent</HI> is awarded, and the Defendant appear upon the <HI>Exigent,</HI> and hath (day given) and after makes default, <HI>Di&s;tringas</HI> &s;hall go, and upon that returned, <HI>(Nihil)</HI> other 3 <HI>Capias</HI> and <HI>Exigent,</HI> and upon default in per&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">r all action, he &s;hall be condemned. See 7 <HI>H.</HI> 6. <HI>fol:</HI> 42.</P>
<P><PB N="396" REF="201">20 <HI>H.</HI> 6. <HI>fol:</HI> 17. Tre&s;pas, the Defendant at the day which he hath by <HI>Imparlance</HI> &s;aith, that the Plaintiffe was knight day of the Writ purcha&s;ed, not named knight, Judgment of the Writ, and had plea by Judgment. Otherwi&s;e it is &s;aid after continuance by (day given.)</P>
<P>42 <HI>Ed:</HI> 3. <HI>fol:</HI> 1. Debt, the Defendant came at the <HI>Exi|gent,</HI> by <HI>(Reddidit &s;e)</HI> and was bayled, and the Plaintiffe came and prayed day by <HI>(Prece partium)</HI> and had it, not|with&s;tanding that the Defendant was by Bayl, for that is by agreement of the parties.</P>
<P>8 <HI>H.</HI> 5. <HI>fol:</HI> 8. After day given, and after &s;peciall <HI>Impar|lance,</HI> the Defendant may plead in abatement, and not after generall <HI>Imparlance.</HI></P>
<P>14 <HI>H.</HI> 4. <HI>fol:</HI> 14. If the parties be at I&s;&s;ue, and the De|mandant relea&s;es to the Tenant, and he takes continuance by reque&s;t of the parties, he &s;hall not plead the relea&s;e.</P>
<P>22 <HI>Ed:</HI> 3. <HI>fol:</HI> 8. The Tenant after the (reque&s;t of the parties) was received to plead Joyntenancie by Fine.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Pleas after I&s;&s;ue, and at the <HI>Ni&s;i prius</HI> day in Bench, and after Verdict.</HEAD>
<P>DOwer, by <HI>Thorpe,</HI> the day of the <HI>Ni&s;i prius,</HI> and the day in Bench is not all one to all re&s;pects; for a Writ pur|cha&s;ed mean between the <HI>Ni&s;i prius</HI> and day in Bench, &s;hall abate, for the fir&s;t Writ is hanging till Judgment be given, notwith&s;tanding the Plaintiffe was non-&s;uited at the <HI>Ni&s;i prius.</HI> But when to plead any Pleas, which come mean be|tween them, there &s;hall be one &s;ame day. 40 <HI>Ed:</HI> 3. <HI>fol:</HI> 38.</P>
<P>28 <HI>H.</HI> 6. <HI>fol:</HI> 1. A man may plead a Plea after la&s;t conti|nuance at the <HI>Ni&s;i prius.</HI> Inquire what Pleas.</P>
<P>34 <HI>H.</HI> 6. <HI>fol:</HI> 45. At the day of the <HI>Ni&s;i prius,</HI> the Defen|nant pleads to the Writ, that one of the Plaintiffes was dead after the la&s;t continuance at <HI>D.</HI> in the County of <HI>Darby.</HI> Judgment of the Writ, and had it.</P>
<P>47 <HI>Ed:</HI> 3. <HI>fol:</HI> 2. If it be found again&s;t the Plaintiffe at the <HI>Ni&s;i prius,</HI> and the Plaintiffe makes default at the day in Bench, yet Judgment &s;hall be upon the Verdict, for that is all one day, and the day of the <HI>Ni&s;i prius.</HI></P>
<P>10 <HI>H.</HI> 7. <HI>fol:</HI> 21. Debt upon a Lea&s;e for yeers, and the I&s;&s;ue was levyed by di&s;tre&s;&s;e or not; And now at the <HI>Ni&s;i prius,</HI> he could not plead a Relea&s;e made after the la&s;t con|tinuance.</P>
<P><PB N="397" REF="201">19 <HI>H.</HI> 6. <HI>fol:</HI> 36. Forging of fal&s;e Deeds again&s;t many, they were at I&s;&s;ue, Proce&s;&s;e continued again&s;t the Enque&s;t till the Jury appeared, at which day the Defendant pleads arbitrement after the la&s;t continuance, and upon this the Jury was di&s;charged.</P>
<P>21 <HI>H.</HI> 6. <HI>fol.</HI> 10. <HI>Ni&s;i prius</HI> was returned <HI>Octa: Mich:</HI> that is, the day in Bench: and one Plaintiffe dyed after <HI>Octa: Mich:</HI> and before Judgment given upon the Verdict; And the Defendant may plead that, for Judgment &s;hall have re|lation to <HI>Octa: Mich:</HI> and then the Defendant cannot have remedie by Writ of Error, <HI>Audita querela,</HI> nor otherwi&s;e; therefore he &s;hall have the Plea again. But it &s;eems that the Defendant cannot plead Relea&s;e made to him, by the Plaintiffe after Verdict, for he &s;hall have an <HI>Audita querela,</HI> contrary of his death, the day of <HI>Ni&s;i prius,</HI> and the day in Bench were all one &s;elf &s;ame day, and no mean time; and therefore Relea&s;e made mean between the&s;e two cannot be pleaded at the day in Bench, notwith&s;tanding it &s;eems at the day of <HI>Ni&s;i prius</HI> before the Jury taken. The Relea&s;e which is made mean between the Award of the Writ of <HI>Ni&s;i prius,</HI> and the day of the <HI>Ni&s;i prius,</HI> may be pleaded at the <HI>Ni&s;i prius.</HI> See 10 <HI>H.</HI> 6. <HI>tit:</HI> 53 and <HI>tit:</HI> 55. <HI>Br.</HI></P>
<P>22 <HI>H.</HI> 6. <HI>fol:</HI> 1. Dower, It &s;eems if the Plaintiffe relea&s;e to the Defendant mean between the award of the <HI>Ni&s;i prius</HI> and the day of the <HI>Ni&s;i prius,</HI> there if the Jury remain for default of Jurors, the Defendant may plead this Relea&s;e at the day in Bench after the la&s;t continuance, though he did not offer it at the day of <HI>Ni&s;i prius,</HI> and contrary it &s;eems, if the Jury had been ready at the <HI>Ni&s;i prius.</HI></P>
<P>36 <HI>H.</HI> 6. <HI>fol:</HI> 24. At the <HI>Ni&s;i prius</HI> the Enque&s;t pa&s;t for the Plaintiffe, and he relea&s;ed before the day in Bench, the Defendant &s;hall have an <HI>Audita querela,</HI> and of this it follows, that the Defendant cannot plead that at the day in Bench after the la&s;t Continuance. 34 <HI>H.</HI> 6. <HI>fol:</HI> 3.</P>
<P>21 <HI>H.</HI> 7. <HI>fol:</HI> 33. After the Enque&s;t taken by default, the Defendant cometh before Judgment, and pleads that he and the Plaintiffe have put them&s;elves to Arbitrement after the la&s;t Continuance, &amp;c. And by the opinion of the Court, he hath no day in Court to plead that Plea. And it was &s;aid that he &s;hall plead no plea in &s;uch ca&s;e, but as a freind to the Court. But of matter apparent he &s;hall be re|ceived, but in the Kings ca&s;e, he &s;hall have that by plea;
<PB N="398" REF="202">for he hath no other remedie. But in the ca&s;e between common per&s;ons, he &s;hall have <HI>Audita querela,</HI> contrary again&s;t the King. 11 <HI>H.</HI> 7. <HI>fol:</HI> 10. <HI>tit. B.</HI> 61.</P>
<P>38 <HI>H.</HI> 6. <HI>fol:</HI> 33. Debt by <HI>Moyle,</HI> the Defendant after that he was at I&s;&s;ue might once plead plea, after the la&s;t Conti|nuance, as relea&s;e or &s;uch like, notwith&s;tanding no oftner then once.</P>
<P>41 <HI>Book of A&s;&s;:</HI> 19. If Verdict pa&s;&s;e for the Plaintiffe, and the Defendant get a relea&s;e before Judgment, yet he can|not plead that.</P>
<P>21 <HI>Ed:</HI> 4. <HI>fol:</HI> 52. Adjudge that the Defendant cannot plead Relea&s;e, made mean between the <HI>Ni&s;i prius</HI> and the day in Bench.</P>
<P>16 <HI>Ed:</HI> 4. <HI>fol:</HI> 5. A man may plead a Plea after the la&s;t Continuance, after I&s;&s;ue joyned, and in another Tearm. And therfore it &s;eems, that the parties have day in Court, as well after I&s;&s;ue joyned till Verdict, as before. 50 <HI>Ed:</HI> 3. <HI>fol:</HI> 4.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Imparlance at a day in the &s;ame Tearm, and at a day and Tearm between, and Imparlance of the Plaintiffe.</HEAD>
<P>COntinuance by <HI>Capias,</HI> ought to be made from Tearm to Tearm, and cannot have other Tearm between; for that, that the party &s;hall not &s;tay &s;o long in pri&s;on, but continuance by di&s;tre&s;&s;e may be made by a Tearm be|tween, as from <HI>Michaelma&s;&s;e Tearm</HI> to <HI>Ea&s;ter.</HI> 8 <HI>Ed:</HI> 4. <HI>fol.</HI> 13.</P>
<P>12 <HI>H.</HI> 7. <HI>fol:</HI> Common recoveries for a&s;&s;urance, the Te|nant tenders I&s;&s;ue, the Demandant may Imparle to a day in the &s;ame Tearm.</P>
<P>44 <HI>Ed:</HI> 3. <HI>fol:</HI> 16. If a man Imparle to another day in the &s;ame Tearm, or till the next day, yet that is a new day, at which the parties are demandable.</P>
<P>37 <HI>H.</HI> 6. <HI>fol:</HI> 27. Debt, Defendant pleads mi&s;naming of him&s;elf, and the Plaintiffe Imparles, and had it.</P>
<P>22 <HI>Ed.</HI> 4. <HI>fol.</HI> 19. Where the Defendant in appeal of Robbery, by which he put his life in jeopardie, the Plain|tiffe &s;hall not Imparle to that, and therefore ruled that he &s;hould an&s;wer the Court &s;itting.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="399" REF="202">
<HEAD>What Pleas he &s;hall have after the la&s;t Continuance.</HEAD>
<P>WHere the parties and Jury appear at the fourth day in the Common Bench, and are adjourned, at ano|ther day a man may plead a Plea after the la&s;t Continu|ance. 28 <HI>H.</HI> 6. <HI>fol.</HI> 1.</P>
<P>8 <HI>Ed.</HI> 4. <HI>fol.</HI> 9. Where a man pleads death of the Defen|fendant, hanging the Writ, he &s;hall not plead that after the la&s;t Continuance, for that by this the Writ is abated in deed, contrary of a Plea which proves the Writ abate|able.</P>
<P>34. <HI>H.</HI> 6. <HI>fol:</HI> 49. At the day of <HI>Ni&s;i prius,</HI> the Defendant pleads to the Writ, that one of the Plaintiffes was dead af|ter the la&s;t continuance, at <HI>D.</HI> in the County of <HI>Darby,</HI> Judgment of the Writ and the Plea recorded, and the matter adjourned, and had that Plea. 14 <HI>H.</HI> 6. <HI>fol:</HI> 9.</P>
<P>38. <HI>Ed:</HI> 3. <HI>fol:</HI> 5. <HI>Precipe</HI> by a Woman, the Tenant ten|ders his Law of not &s;ummoned, and at the day was e&s;&s;oy|ned, and at the day &s;aith that the Demandant took a Husband after the Law tendered, and for that, that he did not &s;ay after the la&s;t continuance, that is after the e&s;|&s;oyn, it was held no Plea.</P>
<P>4. H. 7. <HI>fol:</HI> 8. A man &s;hall have but one Plea after the la&s;t continuance, 38. <HI>H:</HI> 6. <HI>fol:</HI> 33. the &s;ame.</P>
<P>16 <HI>Ed:</HI> 4. <HI>fol:</HI> 5. A man may plead a Plea after the la&s;t continuance after I&s;&s;ue joyned, and in another Tearm, till Verdict, but not mean between <HI>Ni&s;i prius</HI> and the day in Bench.</P>
<P><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">. H. 7. <HI>fol:</HI> 8. A man &s;hall not have a Plea after the la&s;t continuance, unle&s;&s;e &s;uch Pleas which were not in being, at the time of the fir&s;t Plea, for otherwi&s;e it is not after the la&s;t continuance.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Maintenance.</HEAD>
<HEAD TYPE="sub">In &s;o much that Maintenance may be the better avoided, let us &s;ee what maintenance is forbidden by the Law</HEAD>
<P>THat no Clark of a Ju&s;tice or Sheriffe &s;hall not main|tain parties in quarrels, nor in bu&s;ine&s;&s;es which are in the Kings Court, <HI>We&s;t:</HI> 2. <HI>chap:</HI> 28.</P>
<P><PB N="400" REF="203">That none of the Kings Coun&s;ellors, nor none of his hou&s;e, nor none of his other &s;ervants, nor no great ones of the Land by &s;ending of their Letters, nor in other man|ner, nor no other of the Realm, &s;hall not undertake to maintain quarrels, nor parties in the Country in di&s;tur|bance of the Common Law, 1 <HI>Ed:</HI> 3. <HI>chap:</HI> 14. See 20 <HI>Ed:</HI> 3. <HI>chap:</HI> 3.</P>
<P>That no Coun&s;ellor, Officer, or Servant, nor any other per&s;ons, &s;hall not uphold or maintain any quarrels by maintenance, in the Country nor el&s;ewhere, fir&s;t of R. 2. <HI>chap:</HI> 4.</P>
<P>That henceforth none buy or &s;ell, or take promi&s;e, grant or Covenant, to have Mannors, Lands, Tenements, or hereditaments. But if &s;uch per&s;on which &s;ells, their Heirs, or they by whom they claim have been in po&s;&s;e&s;&s;i|on of the &s;ame, or of the rever&s;ion or remainder of that, or hath taken Rents or profits of that, by the &s;pace of one whole year, next before that bargain, Covenant, Grant, or promi&s;e, made upon pain of him that bargains, to forfeit the value of the Lands, And the Buyer al&s;o knowing that to forfeit al&s;o the value of the Land, the one half to the King, the other to him which will &s;ue for the &s;ame, within one year after the &s;ame offence.</P>
<P>And it is al&s;o Enacted, that none from henceforth un|lawfully maintain; or cau&s;e, or procure any unlawfull maintenance in any action or complaint, in any of the Courts of the King of the Chancery: Starr-Chamber, White-Hall, or otherwhere within the Kings Dominions, where they have power to hold Plea of Land by Commi&s;|&s;ion, Patent, or Writ. And al&s;o that none &s;hall in&s;truct Jurors or &s;ubborn Witne&s;&s;es, by Letters, Promi&s;es, or by any other &s;ini&s;ter labour or means, to maintain any matter or cau&s;e, or to hinder Ju&s;tice, or to procure or occa&s;ion any manner of perjury, upon pain of forfeiture, for every &s;uch offence 10 l. one half to the King, and the other to him that will &s;ue for the &s;ame, within one year after the &s;ame offence, 32. <HI>H.</HI> 8. <HI>chap:</HI> 9.</P>
<P>If one will &s;ay he will maintain, and doth it not, he &s;hall not be puni&s;hed for maintenance, And Champerty lies, where one purcha&s;es, hanging the Suit, 9. <HI>H.</HI> 7. <HI>fol:</HI> 18.</P>
<P>See 3 <HI>H.</HI> 6. <HI>fol:</HI> 53. It &s;eems it is no maintenance to give money before a Suit begins, but hanging the Suit,
<PB N="401" REF="203">Maintenance, the Writ was in Plea, which was hanging, he maintains, and it is good, and it &s;eems it is better to &s;ay in Plea, which was hanging, 10. <HI>H.</HI> 7. <HI>f.</HI> 27.</P>
<P>It &s;eems one may covenant to have part of an Obliga|tion when it is recovered, for travelling with an Alien which cannot &s;peak Engli&s;h, nor Latine to his Coun&s;ell, &s;o one may covenant with one indebted to him, and de|liver him the Obligation of another, in &s;atisfaction of his Debt, to &s;ue in his name, and notwith&s;tanding that he paid Coun&s;ell, it is no Champerty. Every Champerty implies in it Maintenance, but not of the contrary, and he to who&s;e u&s;e, and every one that hath lawfull Intere&s;t in the Land may maintain, 15 <HI>H.</HI> 7. <HI>f.</HI> 2.34. <HI>H.</HI> 6. <HI>fol.</HI> 33. the &s;ame.</P>
<P>By <HI>Fineux,</HI> If a Servant be arre&s;ted for Debt, or o|ther thing in <HI>London,</HI> or other Franchi&s;e, the Ma&s;ter may maintain him, and &s;pend of his proper money for lo&s;se of his Service, Inquire. But otherwi&s;e it is in <HI>Precipe,</HI> 21 H. 7. <HI>fol.</HI> 40. <HI>B.</HI> See 21 H. 6. <HI>fol.</HI> 19. by <HI>Newton.</HI></P>
<P>By <HI>Newton,</HI> and <HI>Pa&s;ton,</HI> Servant may pray one skilled in the Law, to be of Coun&s;ell with his Ma&s;ter, but a &s;tranger cannot pray one to be of Coun&s;ell with my Ad|ver&s;ary, for he hath nothing to do, 21 H. 6. <HI>fol.</HI> 19.</P>
<P>If a man be at the Barre, and another informs the Court, that this man can declare the truth, and pray that he be &s;worn; and by the commandement of the Court he &s;wears, this is Maintenance iu&s;tifiable, but if he had &s;aid for one, or the other, of his own head, this is Maintenance puni&s;hable: the &s;ame Law, if he informe a Jury &s;worn, of his own head, it is Maintenance puni&s;h|able, 28 H. 6. <HI>f.</HI> 6.</P>
<P>The Ma&s;ter may pray one skilled in the Law, to be Coun&s;ell with his Servant, and this is Maintenance iu&s;ti|fiable, but he cannot give of his own proper goods to di&s;tribute to men of the Countrey, for maintaining his quarrell; for then he meddles with a thing forbidden by the Law; and by <HI>Pri&s;ot</HI> he may iu&s;tifie giving money to Lawyers to be of Coun&s;ell with his Servant, but not to give money to others, not learned in the Law, 28. H. 6. <HI>fol.</HI> 12.</P>
<P>By <HI>Forte&s;cue,</HI> Ma&s;ter may pray one learned in Law, to be of Coun&s;ell with his Servant, but not to give to
<PB N="402" REF="204">them money, unle&s;s it be of his Wages, and he &s;aith one skilled in the Law, may be of Coun&s;ell without a Fee, Inquire 31. H. 6. <HI>f.</HI> 2.36 H. 6. <HI>fol.</HI> 29.3 H. 6. <HI>f.</HI> 55. Main|tenance one may iu&s;tifie, for that he is his Servant, but he cannot give money.</P>
<P>Maintenance, Defendant iu&s;tifies that he is a Bail, and that he came to the Defendants Attorney, and pray|ed him to be carefull, the which is the &s;ame Mainte|tenance, by <HI>Pri&s;o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">,</HI> it is not good to &s;ay it is the &s;ame main|tenance, for this is no Maintenance, for every &s;tranger may pray the Attorney, for it is the part of an Attorny to attend to that, and for that it is no Maintenance, 32 H. 6. <HI>f.</HI> 29.</P>
<P>It is iu&s;tifiable to &s;peak to a Lawyer for him, that he can|not &s;peak Engli&s;h, and by <HI>Laken,</HI> Ma&s;ter may pay money of his Servants Wages to the Coun&s;ell, by the con&s;ent of his Servant, but a Bail cannot pray a man learned in the Law, to be of Coun&s;ell, but may come and &s;ee if his appearance be recorded, and it &s;eems that the Father may give of his own money for his Sonne and Heir, for he is bound to find him, contrary of another Cozine, 34 H. 6. <HI>fol.</HI> 27. <HI>B.</HI></P>
<P>If one be retained to ride to <HI>London,</HI> and when he comes there to maintain him, this is not in&s;tifiable, but it &s;eems otherwi&s;e, if he were hired for the iourney, that is iu&s;tifiable, and the &s;ame of a Servant, 39 H. 6. <HI>fol.</HI> 6.19 <HI>H.</HI> 6. <HI>fol.</HI> 31.</P>
<P>Where one hath property in the thing demanded, he may maintain by <HI>Moyle,</HI> as goods or writings are deliver|ed to <HI>J.S.</HI> and Detinue is brought again&s;t him by a &s;tran|ger, the Deliverer may maintain, and in <HI>Precipe quod reddat,</HI> or A&s;&s;. again&s;t a Farmer the Le&s;&s;or may main|tain, 39 H. 6. <HI>f.</HI> 21. See 9 H. 6. <HI>f.</HI> 64 the &s;ame.</P>
<P>Where one hath Rent out of Land in Fee, and hath the Writings granted unto him by <HI>R.</HI> the Grantee may maintain <HI>R.</HI> in Detinue of writings of the &s;ame Rent, and it &s;eems that a Ma&s;ter may maintain his Servant, and a man may maintain his blood, and his kindred, and give money to the poore, and that Maintenance is iu&s;tifiable, and he in Rever&s;ion may maintain his Tenant for life, after Attournment, and not before, and this is &s;een in giving his own proper money, 9 H. 6. <HI>f.</HI> 64. See 14 H. 7. <HI>f.</HI> 2. by <HI>Reade.</HI></P>
<P><PB N="403" REF="204">In attaint, it &s;eems that one may aid and maintaine his Cozen in aiding and councelling him at the bar, 12 <HI>H.</HI> 6. <HI>f.</HI> 2. <HI>R.</HI></P>
<P>Maintenance in A&s;&s;i&s;e of <HI>Fre&s;h force,</HI> Defendant Ju&s;ti|fies for that he was of his aliance, and &s;hews how cozen, and it &s;eemed good, by which the Plaintif &s;aith that he promi&s;ed ten &s;hillings peice to two of the Jury to pa&s;&s;e for him, 20 H. 6. <HI>f.</HI> 1.21 H. 6. <HI>f.</HI> 19. By <HI>Pa&s;ton</HI> a man may maintaine his Kinn and his Allies.</P>
<P>Maintenance, Defendant ju&s;tifie, that the party was his Chapleine <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">etained with him, and he gave him notice who he &s;hould have of his Councell, which is the &s;ame maintenance, and it &s;eems that is no maintenance: And for that the Defendant &s;aith, that he was at the Barr to aid him, and that is a good Ju&s;tification to &s;ay that is the &s;ame maintenance, 19 H. 6, <HI>f,</HI> 30.</P>
<P>In maintenance, Defendant cannot plead not-guilty, but he ought to an&s;wer to the point of the VVrit, that is to &s;ay, he did not maintaine, ready to Ju&s;tifie, and others to the contrary, 8 H. 6. <HI>fol.</HI> 36. But by 2 <HI>Ed.</HI> 4, <HI>fol.</HI> 16, In maintenance not guilty, is pleaded and allowed.</P>
<P>By <HI>Choke,</HI> if my Brother or Cozen hath a Suit in the Law and praies me to aid him to learned councell, and I pray a man to be of his Councell, this is a good Plea in maintenance, contrary if a &s;tranger do it, but if he gives his own Money for his Brother or Cozen, this is &s;peciall maintenance, 9 <HI>Ed.</HI> 4. <HI>fal.</HI> 34. In action upon the Statute of Laborers.</P>
<P>Where Tenant in taile or for life is impleaded, he in re|mainder or Rever&s;ion may maintaine, and give of his pro|per Money for &s;afegard of his Intere&s;t, for he which hath Intere&s;t in the land may maintaine to &s;ave that, 1 <HI>Ed.</HI> 6. <HI>tit.</HI> 53. <HI>Maintenance.</HI></P>
<P>It is held a difference between action reall, where land may come to him, and an action per&s;onall, for he to whom lands may come as by Remainder, Rever&s;ion, Di&s;cent, and &s;uch like, may maintaine in action reall. And by <HI>Brian,</HI> a man may &s;hew to another, who is a man learned in the law for the party to retaine, but he may not give Money to the Coun&s;ellor, and one Neighbour may go with another to &s;eek Councell, and a man may maintaine his Servan<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> and give of his wages behinde, and otherwi&s;e not to give
<PB N="404" REF="205">Money, but he may lend to him or another Money, and and that is no maintenance, but he in Rever&s;ion or Re|mainder, may give money where the land is in que&s;tion. And the Servant may maintaine his Ma&s;ter, as to go and labour for him, but he cannot give of his proper mo|ney for him: And &s;o it &s;eems that he who hath marryed the Daughter of one party, may maintain him in an action Reall, but not in an Action per&s;onall, 19 <HI>Ed.</HI> 4. <HI>fol.</HI> 3. <HI>Br.</HI></P>
<P>Upon the Statute of, 32 <HI>H.</HI> 8. <HI>chap.</HI> 9. That a man &s;hall not buy land, unle&s;&s;e the Seller hath been in po&s;&s;e&s;&s;ion by a year before, it was agreed in <HI>Sergeants Inne,</HI> that if a man Mortgage his Land, and redeeme it, and he &s;ells it within a yeare after the redemption, that he may doe it without danger of the Statute; for the Statute is to be intended of pretenced title, and not of a cleere title. And the ancient Statutes are that none &s;hall maintaine, yet one may maintaine his Cozen, as above, for they are to be intended of unlawfull maintenance, that is, that unlawfully one cannot maintaine, 6 <HI>Ed.</HI> 6. <HI>tit.</HI> 38. <HI>mainte|nance.</HI></P>
<P>One skilled in the Law may give evidence for his Fee to the Jury, and tis no Imbracery: But is Imbracery in a|nother, unle&s;&s;e he be &s;worn, 6 <HI>Ed.</HI> 4. <HI>f.</HI> 5.</P>
<P>If <HI>Precipe</HI> be brought again&s;t me, and hanging that I in|feoff <HI>J.S.</HI> and the Demandant recovers by default after default, and I bring Writ of deceit, it &s;eems <HI>J.S.</HI> cannot maintaine, for that, that the po&s;&s;e&s;&s;ion which he hath is Champerty and again&s;t the Law, 8 <HI>Ed.</HI> 4. <HI>fol.</HI> 13.</P>
<P>Maintenance, the Defendant ju&s;tifies that he is his Neighbour, and knew no man skild in the Law, and he informed him of one, and a good Ju&s;tification, by which the Plaintiff &s;hewed &s;peciall maintenance that is giving Money to the Jurors, 12 <HI>Edw.</HI> 4. <HI>fol.</HI> 14. See 19 <HI>Edw.</HI> 4. <HI>fol.</HI> 3</P>
<P>Maintenance, the Defendant may plead that he was a Juror, and that is good, without &s;aying that he gave Ver|dict, but if after Verdict given, the Juror praies Judgment, this is maintenance, 18 <HI>Ed.</HI> 4. <HI>fol.</HI> 2.</P>
<P>If a Juror give Money to his Companion to pa&s;&s;e, this is maintenance notwith&s;tanding that it be for truth: But to per&s;wade him to pa&s;&s;e, is no maintenance, 17 <HI>Edw.</HI> 4. <HI>fol.</HI> 5.</P>
<P><PB N="405" REF="205">One may be baile, and that is no maintenance, &s;o that he do not meddle more in the matter, 18 <HI>Ed</HI> 4. <HI>fol.</HI> 13.</P>
<P>Tre&s;pas of digging land, the Defendant ju&s;tifies, for that that the place where, is their Church-yard, and that the Inhabitants have u&s;ed there to be buried, and for making grave there ju&s;tifies, and field, that all the Inhabitants may maintaine in this action, though they were not parties, 18 <HI>Ed.</HI> 4. <HI>fol.</HI> 2. See before, 15 <HI>H.</HI> 7. <HI>fol.</HI> 2. That every one that hath lawfull intere&s;t may maintaine.</P>
<P>Maintenance, &s;uppo&s;ing that the Defendant maintai|ned <HI>A.</HI> in A&s;&s;i&s;e: The Defendant &s;aith that <HI>A.</HI> held of him by which he came with him to the A&s;&s;i&s;e, &amp; &s;taid with him, pray'd the Sheriff to make an indifferent pannell, which is the &s;ame maintenance, and it is a good Plea, 11 <HI>H.</HI> 6. <HI>f.</HI> 39.</P>
<P>Generall Attorney which &s;ues, and is not skilled in the Law, may well meddle, but he cannot proffer Money to a Jury, but may pray them to appeare, 34 <HI>H.</HI> 6. <HI>fol.</HI> 27. By <HI>Choke.</HI></P>
<P>Maintenance, he cannot ju&s;tifie for that, that he was an Attorney retained with him, and that by commande|ment of his Ma&s;ter he retained Councell, and gave to them forty pence of his Ma&s;ters Money, and good</P>
<P>Inquire if an Attorney cannot retaine Councell with|out the commandement of his Clyent, and if he may not disbur&s;e of his proper Moneys for the time: But Attorney cannot give of his proper Money, nor of his Ma&s;ters mo|ney to Jurors. 36 <HI>H.</HI> 6. <HI>fol.</HI> 29.11 <HI>H.</HI> 6. <HI>fol.</HI> 13. the &s;ame.</P>
<P>Maintenance, the Defendant &s;aith that he was an At|torney in the action Judgment if action, and good. But he cannot give any thing to the Jury but as an Attorney, and give Evidence to the Jury for his Clyent he may, 13 <HI>H.</HI> 4. <HI>f.</HI> 19.</P>
<P>If a man maintaine a quarrell by his Attorney, action of maintenance lies again&s;t the Ma&s;ter, 22 <HI>H.</HI> 6. <HI>f.</HI> 24. And by <HI>Newton,</HI> If a man of great power in the Countrey, will &s;ay in the pre&s;ence of the people, that he will &s;pend twenty pound for one party, or will give twenty pound to labour for the party, though he give nothing, is maintenance, &s;ee before, 9 <HI>H.</HI> 7. <HI>fol.</HI> 18.</P>
<P>Maintenance again&s;t a Servant of one by <HI>Forte&s;cue,</HI> if he meance Jurors to out them of their Tenures, if they do not pa<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e with his Ma&s;ter, this is &s;pecial Maintenance in the Servant, 19 H. 6. <HI>f.</HI> 30.</P>
<P><PB N="406" REF="206">A man skilled in Law may do his endeavour for his Client, and it is no maintenance, if the Plaintiff cannot alleadge other &s;pecial matter forbidden by the Law, 8 H. 4. <HI>f.</HI> 6. <HI>B.</HI></P>
<P>Embraceor, is he which comes to the Barr with the party, and &s;peaks in the matter, or is there to overlook the Jury, or to put them in feare: but men skilled in Law may &s;peak in the Cau&s;e, for their Money, but they cannot labour the Jury; and if they take money to do that, they are Embraceors. <HI>Fitzh. f.</HI> 71. <HI>A.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tenures and Services.</HEAD>
<HEAD TYPE="sub">It is expedient to know the Services and Tenures which your Tenants &s;hall do: and fir&s;t, of the Tenure in cheif, and other Tenures of the King, and then of other Lords.</HEAD>
<P>FIr&s;t, Tenure in cheif is called, where one holds of the King meerly as of his Crown, which is a Signiory in|gro&s;&s;e, for that it is held of him which is alwayes King, and not of the King as of his Mannour of <HI>D. &amp;c.</HI></P>
<P><HI>Fuzh.</HI> 3. <HI>D.</HI> If any Land be held of the King, as of the Honour, Ca&s;tle, or Mannour, &s;uch Lands are not held of the King in cheif, and this is proved by the Writ of Right, which &s;hall be directed in &s;uch a Ca&s;e to the Bai|liffs of the Honour, Ca&s;tle, or Mannour.</P>
<P>Al&s;o the Statute of <HI>Magna Charta, chap.</HI> 31. is, if any hold of any E&s;cheat, as of his Honour of <HI>Wallingford, Not|tingham, Bullo gne, Lanca<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">er,</HI> and of other E&s;cheats which are in Our hand, and are of Baronies, and dies, his Heir &s;hall not give other releif, nor make to us other Service, then the Barons &s;hould make, if that Barony were in the hands of the Baron, and we in the &s;ame manner will hold it as the Baron held it.</P>
<P>1 <HI>Ed.</HI> 6. <HI>chap.</HI> 4. al&s;o is, that where a King hath, or after &s;hall have any Dukedomes, Baronies, Ca&s;tles, Mannours, Land, Tenements, Fees, or Signiories, by Attainder, Conviction, Outlary, or by Di&s;&s;olution of Mona&s;teries, which Lands held of them by Knights Service, Socage, or otherwi&s;e, &s;hall not be con&s;trued to hold in chief, nor as Tenure in cheif. See in <HI>Br. Tit. Tenures,</HI> 100.</P>
<P><PB N="407" REF="206"><HI>Littleton, fol.</HI> 31. Tenure of the King in Burgage is, where an ancient Town is, of which the King is Lord, and tho&s;e 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 &s;uch Tenure is but Tenure in Socage.</P>
<P><HI>Fitzh.</HI> 6. <HI>D.</HI> Lands and Tenements within Cities and Townes are held of the King in Burgage Tenure, and it behoveth that a Writ of Right Patent of them &s;hall be di|rected to Mayors, Sheriffs, and Bailiffs, as Bailiffs, and Officers of the King, as if Lands were held of the King, as of any Honour, Ca&s;tle, or Mannour, by which it ap|pears, Tenure in Burgage is Socage Tenure, and not Socage in cheif: <HI>Fitzh. fol.</HI> 1. <HI>J.</HI> the &s;ame.</P>
<P><HI>Stamford,</HI> 13. If one hold of the King in Burgage, the King &s;hall not have (fir&s;t Sei&s;in) but otherwi&s;e it is where he holds of the King by Knights Service in cheif, or by Socage in cheif, for the Statute of the Kings Prerogative, <HI>chap.</HI> 3. is, the King &s;hall have the fir&s;t Sei&s;in after the Death of them, which of him held in cheif, of all Lands, and Tenements of which they were &s;ei&s;ed in their Deme&s;n, as of Fee, what&s;oever age their Heirs were of, and that is taken as well of Socage in cheif, as otherwi&s;e in cheif.</P>
<P>7 H. 6. <HI>fol.</HI> 3. The King &s;hall have fir&s;t Sei&s;in, where his Tenant dies &s;ei&s;ed in his Deme&s;ne as of Rever&s;ion.</P>
<P>47 <HI>Ed.</HI> 3. <HI>fol.</HI> 21. If the King purcha&s;e Lands which is held of others, by this all the Services are extingui&s;hed, and if he infcoff others to hold of him, he &s;hall hold of his Crown in cheif, by <HI>Finchden:</HI> and al&s;o when an Honour is &s;ei&s;ed into the Kings hands, and a Mannour is held of that Honour, which e&s;cheats unto him, as of common E&s;cheat, if he alien to hold of him, he &s;hall hold as he held before of the Honour, and by the &s;ame Services; but if he come in as by Forfeiture, by Warr, or E&s;cheat, which is becau&s;e of his own per&s;on, and he &s;ei&s;e, and infeoff others, they &s;hall hold in cheif, if the King do not expre&s;&s;e other Te|nure.</P>
<P>33 H. 6 <HI>fol</HI> 7. By <HI>Pri&s;ot,</HI> if the King &s;ei&s;e Land by For|feiture of Trea&s;on, and grant that over, to hold of the cheif Lord, by the Service due, <HI>&amp;c.</HI> that in this ca&s;e he &s;hall hold of the cheif Lord, as it hath been adjudged.</P>
<P>44 <HI>Ed.</HI> 3. <HI>f.</HI> 45. The King gives Lands to one, to hold to
<PB N="408" REF="207">him and his Heirs, by the Services due, <HI>&amp;c.</HI> and by all the Ju&s;tices, that is Tenure by Knights Service.</P>
<P>11 H. 4. <HI>fol.</HI> 71. It was recorded in the Exchequer, that &s;uch a one holdeth &s;o much Land of our Lord the King by Serjeanty, to finde one Man for the Warr where&s;oever within the four Seas: and by <HI>Hank,</HI> it is great Serieanty, to be made by the Body of a Man.</P>
<P>13 H. 7. <HI>fol.</HI> 16. If one hold of the Dutchy of <HI>Cornwall,</HI> it is in cheif, for it was ancient Lands of the Crown.</P>
<P><HI>Fitzh.</HI> 165. <HI>A.</HI> To hold Land to pay certain Rent to the Keeper of the Ca&s;tle of <HI>Dover,</HI> is a Tenure in cheif. See <HI>Littleton,</HI> 23. See 5 <HI>Ed.</HI> 4. <HI>f.</HI> 127.</P>
<P>19 <HI>R.</HI> 2. <HI>Tit.</HI> 185. <HI>Guard. F.</HI> Keeper of a Ca&s;tle in <HI>England</HI> is Knights Service, for it countervailes E&s;cuage, and is of the &s;ame nature.</P>
<P>8 H. 7. <HI>fol.</HI> 12. If I hold of the King, and he grants the &s;ame Service to me, yet I &s;hall hold of the King, for all is held of the King mediately or immediately.</P>
<P><HI>Magna Charta, chap.</HI> 20. See there for keeping of a Ca&s;tle.</P>
<P>38 <HI>H.</HI> 8. <HI>Tit.</HI> 60. <HI>B.</HI> Livery, where the Heir was in Ward to the King, and come to full age, there he &s;hall &s;ue Li|very out of the Kings hands: and the fir&s;t Sei&s;in is, where the Heir is of full age, at time of the Death of his Ance&s;tor, and where his Tenant holds in Socage in cheif, and dies.</P>
<P>10 H. 7. <HI>f.</HI> 23. If one hold of the King to inclo&s;e a Park, he may by his Grant after re&s;erve for that &s;ix Marks; and the King is not bound by the Statute of <HI>We&s;tmin&s;ter</HI> the third.</P>
<P>It is held 21 <HI>Ed.</HI> 3. <HI>fol.</HI> 41. The King gives the honour of <HI>Barkham&s;ted</HI> to the Prince, and his Heirs Kings of <HI>Eng|land;</HI> and &s;o it &s;eems, that Lands held of that Honour, &s;eems to be held in cheif, yet <HI>Magna Charta</HI> is, that Ho|nour is not properly in cheif.</P>
<P>26 H. 8. <HI>fol.</HI> 10. By <HI>Fitzh.</HI> Lands in the County Palatine of <HI>Lanca&s;ter</HI> held of the Dutchy, the King there hath king|ly Rights, and there Livery &s;hall be &s;ued.</P>
<P>17 H. 8. <HI>fol.</HI> 31. Tenant of the King in cheif, makes a Gift in Tail without licence, the King may choo&s;e the Donee or Donor for his Tenant. And if Tenant of the King before the Statute of <HI>We m.</HI> 3. make a Feoffment, the King may choo&s;e the Feoffee or Feoffor for his Tenant, 4 H. 6. <HI>f.</HI> 19.</P>
<P><PB N="409" REF="207">33 H. 8 <HI>Tit.</HI> 94. <HI>B.</HI> in the Exchequer, 3 <HI>Ed.</HI> 3. <HI>Rot.</HI> 2. It was found that a man held of the King in cheif, as of his Honour of <HI>Raleigh,</HI> and it was taken no Tenure in cheif, but a Tenure of an Honour, otherwi&s;e it is if the Honour be annexed to the Crown, for then the Honour is in cheif. And in the year 11 <HI>H.</HI> 7. The Honour of <HI>Raleigh</HI> was annexed to the Crown, and &s;o it is in cheif. But where the King gives Lands to be held of him by Fealty, and two pence for all Services, that is Socage in cheif, for it is of the Kings per&s;on, and contrary if it were to be held of the Mannour of <HI>B.</HI></P>
<P>24 <HI>Ed.</HI> 3. <HI>Tit.</HI> 19. He which holds of the King by Service to finde a Man to &s;erve in the War, by forty Dayes at his own Charge, this is great Serjeanty <HI>Tit.</HI> 69. <HI>Br.</HI> That a Tenure to finde one Hor&s;e, and &s;uch like, is but &s;mall Ser|jeanty, for it is not corporal Service.</P>
<P>44 <HI>Ed.</HI> 3. <HI>f.</HI> 45. The King gives the Fee-farm of a Town, that is, &s;uch a Rent, to be held for term of life, and after confirmes to him, and to his Heirs, to be held by the Services due, and this is held Knights Service of the King, for the mo&s;t high, and better &s;hall be taken for the King: and by <HI>Fitzh.</HI> 263. <HI>B.</HI> it appears, that Rent may be held of the King by Knights Service in cheif as well as Land, <HI>&amp;c.</HI></P>
<P>10 <HI>H.</HI> 6. <HI>f.</HI> 12. Rent lies in Tenure of the King.</P>
<P>14 <HI>H.</HI> 6. <HI>f.</HI> 12. If the King grant Land to me in Fee, to be held as freely as the King is in his Crown, yet I &s;hall hold of the King, and if I alien without licence, I &s;hall make Fine, for this is ve&s;ted in the King by his Preroga|tive, and &s;hall not pa&s;s out of his Per&s;on by general words; by <HI>Pa&s;ton</HI> in the end of the Ca&s;e.</P>
<P>45 <HI>Ed.</HI> 3. <HI>fol.</HI> 6. By <HI>Finchden,</HI> 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 &s;hall hold of the King al&s;o. But inquire of the Tenure of me, for the Tenure was once extinct, by the Kings Po&s;&s;e&s;&s;ion.</P>
<P>29 <HI>H.</HI> 8. <HI>Tit.</HI> 61. <HI>B.</HI> If the King purcha&s;e a Mannour which <HI>J. S.</HI> holds, the Tenant &s;hall hold as he held be|fore, and he &s;hall not render Livery, nor fir&s;t Sei&s;in, and he &s;hall not hold in cheif: and it is &s;aid, if the King grant the Mannour to <HI>W. N.</HI> in Fee, except the Services of <HI>J.S.</HI> Now <HI>J.S.</HI> holds of the King as of the Per&s;on of the King,
<PB N="410" REF="208">and yet he doth not hold in cheif, but as he held before; for the act of the King &s;hall not prejudice the Tenant.</P>
<P>31 <HI>H.</HI> 8. <HI>Tit.</HI> 70. <HI>B.</HI> Lord and Tenant, the Tenant is at|taint of Trea&s;on by Act of Parliament, and &s;o forfeits all his Lands, and after is pardoned, and re&s;tored by another Act of Parliament, to have to him and his Heirs, as if no &s;uch Attainder or former Act had been; now he &s;hall hold of a common per&s;on as before, and yet once the Tenure was extinct.</P>
<P>3 <HI>H.</HI> 3. <HI>Tit.</HI> 94. <HI>B.</HI> Where the King gives Lands to be held of him by Fealty, and twelve pence for all Services, this is Socage in cheif, for it is of the Kings per&s;on.</P>
<P>23 <HI>H.</HI> 3. <HI>Tit.</HI> 148. <HI>Guard. F.</HI> If a man holds of the King to go with him in the Army again&s;t <HI>Scotland,</HI> in the Van|guard, and in his Return in the Rereward: and &s;o if he hold to give to the King Hornegild, which is &s;aid Cor|nage, it is great Serjeanty.</P>
<P>38 <HI>H.</HI> 8. <HI>Tit. Livery</HI> 60. The Heir of him which holds of the King in cheif in Socage, &s;hall not pay fir&s;t Sei&s;in to the King, for all his Lands, but onely for tho&s;e Lands held in Socage in cheif, contrary of him which holds in Knights Service in cheif, and where he holds in Socage in cheif, the other Lord &s;hall have, <HI>(Ou&s;ter le main)</HI> with I&s;|&s;ues.</P>
<P>2 <HI>Ed.</HI> 4. <HI>fol.</HI> 6. Land is given in Tail, to be held of the cheif Lords, the&s;e words to be held, <HI>&amp;c.</HI> are void, and he &s;hall hold of the Giver.</P>
<P>Where there is Lord and Tenant, if the Tenant be di&s;|&s;ei&s;ed, and the Di&s;&s;ei&s;or dieth &s;ei&s;ed, and his Heir is in by Di&s;cent, the Lord ought to advow upon him: but if there be Lord and Tenant, and the Tenant infcoffs another, which doth not give notice to the Lord, now the Lord du|ring the life of the Feoffor, may take him for his Tenant, or the Feoffee at his plea&s;ure, 4 <HI>H.</HI> 6. <HI>f.</HI> 19.</P>
<P>3. <HI>Book of A&s;&s;i&s;e,</HI> 8. Lands is given in Tail, without &s;ay|ing of whom to hold, the Donee &s;hall hold of the Giver; and if a man before the Statute of <HI>Quia Emptores,</HI> give in Fee, without &s;aying of whom to hold, the Feoffee &s;hall hold of the Feoffor; <HI>Littleton, f.</HI> 5.</P>
<P>16 <HI>Ed.</HI> 3. <HI>Statham, fol.</HI> 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.</P>
<P><PB N="411" REF="208">5 <HI>H.</HI> 7. <HI>fol.</HI> 35. Me&s;nalty lies in Tenure by a Me&s;ne, con|trary of an Advow&s;on appendant, 1 <HI>H.</HI> 4. <HI>f.</HI> 1. the &s;ame.</P>
<P>33 <HI>H.</HI> 6. <HI>f.</HI> 34. Was the opinion, that Advow&s;on may lie in Tenure, as where a Mannour and Advow&s;on are held, the Advow&s;on is made in gro&s;&s;e, and the Advow&s;on is held for it &s;elf.</P>
<P>21 <HI>Ed.</HI> 3. <HI>f.</HI> 3. It &s;eems that an Advow&s;on lieth in Tenure, 24 <HI>Ed.</HI> 3. <HI>Tit.</HI> 18. 14 <HI>H.</HI> 7. <HI>fol.</HI> 26. &amp; 15 H. 7. <HI>fol.</HI> 8. the &s;ame.</P>
<P>32 <HI>Ed.</HI> 3. <HI>Tit.</HI> 75. <HI>Br.</HI> A fi&s;hing doth not lie in Tenure, for the Soil may be to one, and the fi&s;hing to another.</P>
<P>11 H. 4. <HI>fol.</HI> 80. It &s;eems by <HI>Hill,</HI> that Rent cannot be held of a common per&s;on, 10 H. 6. <HI>f.</HI> 12. Rent lieth in Te|nure of the King, 10. <HI>Book of A&s;&s;i&s;e,</HI> 24. 1 H. 6. <HI>f.</HI> 21. <HI>Fitzh.</HI> 263. <HI>B.</HI> 13 H. 6. <HI>f.</HI> 12.</P>
<P>40 <HI>Ed.</HI> 3. <HI>fol.</HI> 44. Fi&s;hing lies in Tenure, and yet it is a profit in anothers Soil, 8. <HI>Book of A&s;&s;i&s;e,</HI> 7. Office may be held in cheif.</P>
<P>42 <HI>Ed.</HI> 3. <HI>fol.</HI> 7. Advow&s;on, may hold, 43 <HI>Ed.</HI> 3. <HI>fol.</HI> 15. the &s;ame.</P>
<P>14 <HI>H.</HI> 4. <HI>fol.</HI> 3. Where a Deed is to hold by Homage, Fealty, E&s;cuage, and Rent, for all Services, the Lord &s;hall not have Suit of Court.</P>
<P>20 <HI>H.</HI> 7. <HI>fol.</HI> 10. He might before the Statute infeoff one to hold of him, and after the Statute if he infeoff him of part, he &s;hall hold for that part, 10 <HI>H.</HI> 7. <HI>fol.</HI> 10. the &s;ame.</P>
<P>5 <HI>H.</HI> 7. <HI>f.</HI> 11. By <HI>Fairefax,</HI> Termor for yeares &s;hall make Fealty to his Le&s;&s;or, <HI>Littleton,</HI> 25. 9 <HI>H.</HI> 6. <HI>f.</HI> 43. the &s;ame.</P>
<P>10. <HI>Book of A&s;s.</HI> 29. Lord, Me&s;ne, and Tenant, the Te|nant holds of the Me&s;ne by three pence, and the Me&s;ne over of the Lord by four pence, the Me&s;ne dies without Heir, the Lord &s;hall have the three pence, for the Signiory is extinct in the Me&s;nalty, &s;o that he &s;hall onely have the Services which the Me&s;ne &s;hould have had, and al&s;o the Services which the Me&s;ne paid to the Lord; but it is &s;aid otherwi&s;e upon forejudging, for there the ancient Signio|ry remaines, for this wills the Statute.</P>
<P><HI>Littleton,</HI> 41. Lord, Me&s;ne, and Tenant, and the Te|nant holds of the Me&s;ne by the Service of five &s;hillings, and the Me&s;ne holds over by the Service of twelve pence; the Lord Paramount purcha&s;es the Tenancy in Fee, then the Services of the Me&s;nalty are extinct; but for that that
<PB N="412" REF="209">when the Lord Paramount hath the tenancy, he holds of his Lord next Paramount, and for that the Signiory of the Me&s;nalty is extinct, but for that that the tenant holds by 5. &s;hillings of the Me&s;ne, and the Me&s;ne holds but by twelve pence, the Lord &s;hall have the foure &s;hillings of the Me&s;ne as Rent <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">k, 2 <HI>E.</HI> 2. <HI>fol. tit. Exting.</HI> 6. <HI>F.</HI></P>
<P>26 <HI>Book of A&s;&s;i&s;es</HI> 66. A man may hold by homage, and yet not Knights Service but in Socage.</P>
<P><HI>Littleton</HI> 22. VVhere a man holds by homage and feal|for all manner of Services it is Socage, for homage by it &s;elf doth not make Knights Service.</P>
<P>26 <HI>Book of A&s;&s;i&s;es</HI> 66. The King, Lord, Me&s;ne, and Te|nant, the Tenant holds of the Me&s;ne by Socage, and the me&s;ne over by Knights Service, the Tenant gives in Frank-marriage, rendring 12 <HI>d.</HI> by yeare, for all &s;ervices, &s;aving Service abroad, and it &s;eems, that by this word, (&s;aving the Service abroad) the giver &s;hall have only &s;uch Servi|ces, by which he him&s;elf is charged over.</P>
<P>31 <HI>Book of A&s;&s;i&s;es</HI> 30. When a man gives Lands in fee before the Statute to be held by two pence, &s;aving the &s;ervice abroad, yet he &s;hall hold by Knight &s;ervice, by <HI>Thorpe.</HI> See, 31 <HI>Book of A&s;&s;i&s;es</HI> 15.</P>
<P><HI>Fitzh.</HI> 8. <HI>A.</HI> If the Husband infeoff <HI>J. S.</HI> and dye, and after the Wife is indowed, &s;he &s;hall hold this Dower of the Feoffee by Fealty, 33 <HI>Ed.</HI> 3. <HI>Statham fol.</HI> 75. Where the wo|man is indowed by the Guardian, &s;hee &s;hall be Attendant to the Guardian, and at full age to the heire.</P>
<P>3 <HI>E.</HI> 3. <HI>tit.</HI> 84. <HI>B.</HI> A woman tenant in Dower &s;hal hold of the Heir for parcel, and he &s;hal make Avowry for that portion.</P>
<P>34 <HI>Book of A&s;s.</HI> 15. Where Tenant in taile dyes with|out I&s;&s;ue, and his wife is indowed, and the Donor enters, &s;hee &s;hall hold by the third part of the &s;ervices, for this is the act of God, and the Law: The &s;ame Law is where there is Lord and Tenant, and the Tenant dyes without Heire; and the Lord enters for E&s;cheat, and the wife of the Tenant recovers Dower, and hath Execution, &s;hee &s;hal hold by the 3d part of the &s;ervices, contrary where the Lord purcha&s;eth the tenancy in fee, and &s;he is indowed &s;he &s;hall render nothing to the Lord, for this is his own act.</P>
<P>24 <HI>H.</HI> 8. <HI>tit.</HI> 53. If a man before the Statute of, <HI>Quia empto|res terraru~,</HI> had made a gift of land to one in fee, for repai|ring a Bridg, or for keeping &s;ucha Ca&s;tle, or for marrying
<PB N="413" REF="209">yearly a poore Virgin of <HI>S.</HI> this is a Tenure, and the Do|nor may di&s;traine 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.</P>
<P>9 <HI>H.</HI> 3. <HI>fol.</HI> 72. Lands in Gavelkinde are held in Socage, and not in Knights Service, <HI>Fitzh.</HI> 13. <HI>D.</HI> Lands which are held in ancient Deme&s;ne are Socage.</P>
<P>13 <HI>R.</HI> 2. <HI>tit.</HI> 76. A man gives land to hold by ten &s;hillings for all Services; Exactions, Cu&s;tomes, and Demands. And yet the Tenant was con&s;trained to pay releife, for that is incident, as well to Socage, as to Knights Service.</P>
<P>29 <HI>H.</HI> 8. <HI>tit.</HI> 64. A man makes a Feo&s;tment of the halfe of his Land, the Feoffee &s;hall hold of his Lord by the whole Services, that the whole land was held before, for the Statute to hold for that particular, doth not hold place here, for moiety is not a particular, as of one Acre or two Acres in certaine, but count of the third part, which goes throughout, and every where.</P>
<P>And if a man holds two Acres by a hauk, and makes a Feoffment in Fee, of one Acre the Feoffee &s;hall hold that by a hauke and the Feoffor &s;hall hold the other Acre by another hauke, <HI>We&s;tm.</HI> 3. <HI>fol.</HI> 85. It is lawfull for any man to &s;ell, &s;o that the Feoffee hold of the cheife Lord for that part according to the quantity of the land; that is, the value of the land &s;o &s;old, <HI>&amp;c.</HI></P>
<P><HI>Littleton</HI> 41. If one holds his land of the Lord by the Service, to render to his Lord yearly at &s;uch a fea&s;t a Hor&s;e, or a Ring of Gold, or a clove, if in &s;uch ca&s;e the Lord purcha&s;e parcell of the land, &s;uch &s;ervice is gone, for &s;uch &s;ervice cannot be &s;evered nor aportioned, but if the te+nant hold by homage, Fealty and Rent, and the Lord pur|cha&s;e parcel of the land, the Rent &s;hal be apportioned, but the Homage and Fealty &s;hal continue intire to the Lord.</P>
<P>8 <HI>H.</HI> 7. <HI>fol.</HI> 14. It is impo&s;&s;ible that any Land &s;hould be and not held of the King, either mediately or immediately and for that the King cannot relea&s;e to his Tenant all his Services.</P>
<P>10 <HI>H.</HI> 7. <HI>fol.</HI> 10. If the Tenant which holds two Acres by twenty pence, makes a Feoffment of parcell, the Lord may di&s;traine in this parcell &s;o aliened, and al&s;o in this part which remaines in the po&s;&s;e&s;&s;ion of the Tenant</P>
<P>11 <HI>H.</HI> 7. <HI>fol.</HI> 12. Feo&s;ment before the Statute, or a gift
<PB N="414" REF="210">in taile to make a thing to him&s;elf, or to another for com|mon wealth, is good, as to make a Beacon or a Bridge, but to ride with a &s;tranger is not good.</P>
<P><HI>Fitzh.</HI> 1. <HI>L.</HI> To hold of us by free &s;ervice, to finde for us together with his partners, Five &s;hips for our pa&s;&s;age at our command for all Services, it &s;eems to be Socage tenure.</P>
<P><HI>Fitzherb.</HI> 83. <HI>C. E.</HI> A Writ <HI>de. Scutgio habendo,</HI> lyeth when one holds by Knights Service, and the King goes in avoyage into the VVarr in his proper per&s;on, or his Leife-Tenant again&s;t the Scots, and none &s;hall pay E&s;cu|age, but tho&s;e which hold to go into the VVarr, and not he that holds by Cornage, nor by keeping a Ca&s;tle, <HI>Littleton</HI> 18. and <HI>Littleton</HI> the 19. One may di&s;train for E&s;cuage, or have a VVrit, <HI>De &s;cutagio habendo.</HI></P>
<P><HI>Fitzh.</HI> 135. <HI>a.</HI> If one hold twenty Acres by twenty &s;hil|lings of the King, and aliens a parcell, yet the King or his Officer, may di&s;traine one of the Tenants for all, and is not bound by the Statute to di&s;traine for that parcell, but otherwi&s;e it is of a common per&s;on, for if he di&s;traine one for all, he &s;hall have a Writ to be di&s;charged for a ratable proportion: But in ca&s;e the king or his Tenant aliens part, the Alienee makes Fine to the king for this Aliena|tion: It &s;eemes rea&s;onable, if he be di&s;trained for all the Rent, he &s;hall have a Writ to be disburdened, for a rate|able proportion, again&s;t the kings Officer which di&s;trains, <HI>We&s;tm.</HI> 3. That the Feoffee of part, &s;hall hold for that particular part, according to the quantity of the Land &s;o &s;old, <HI>&amp;c.</HI></P>
<P>Where by 27 <HI>H.</HI> 8. <HI>chap.</HI> 27. It was Enacted, That the king &s;hall have to him and his heires, all Mona&s;teries of Monks, Channons, and Nunns, which had not Lands, Tenements, Rents, <HI>&amp;c,</HI> above the value of two hundred pounds: And al&s;o all Mona&s;teries which have been gran|ted to the king within a yeare next before this Statute, by the Abbots or Priors under their Seale, or which have been otherwi&s;e &s;uppre&s;&s;ed or di&s;&s;olved; yet in this Act is a &s;aving to the Lords Rents, profits, &s;ervices, and com|modities, as they before have had them: So that of the&s;e Mona&s;teries, the Rents and Services of the Lords are not gone by this Act; where &s;uch Abbies hold Land of any Lord, but are &s;aved to them.</P>
<P><PB N="415" REF="210">But By 31 <HI>H.</HI> 8. <HI>chap.</HI> 13. The King is ve&s;ted, deemed, and adjudged, in actuall and reall Sei&s;in, and po&s;&s;e&s;&s;ion, as well of the Mona&s;teries di&s;&s;olved by 27 <HI>H.</HI> 8. as of all others, and in this &s;tatute is a &s;aving to every per&s;on, all their Right, Title, Claim, Intere&s;t, Po&s;&s;e&s;&s;ion, Rents, Charge, Annuities, Lea&s;es, Offices, Commons, Synods, <HI>&amp;c.</HI> and other Profits in the Premi&s;es, or any part of that, as if this Act had not been made, (Rents &s;ervices, Rents &s;eck, and all other &s;ervice, and &s;uits onely except) &s;o by this &s;tatute, the Rents and &s;ervices of the Lords are gone.</P>
<P>1 <HI>Ed.</HI> 6. <HI>chap.</HI> 14. which gives Chanteries, <HI>&amp;c.</HI> to the King, in this is a Provi&s;o that every one, which before that Act, lawfully without Covin or fraud, hath any manner of Rent, or any yearly profit to be taken of Chantries, Colledges, free Chappells, and other the Premi&s;es in like manner and form as they ought to have, if the Chantries, <HI>&amp;c.</HI> had been in being, &s;o that the Lords of tho&s;e &s;hall not loo&s;e their Rents.</P>
<P>2 and 3 <HI>Ed.</HI> 6. <HI>Chap.</HI> 8. It is enacted, that where by of|fice found, the King is intituled to Lands or Tenements, in which others have Copihold, Rent, common Office, Fee, or other Profit to take, for life, or for years, not found in the &s;ame, that they &s;hall enjoy the &s;ame Inte|re&s;t by Copy, Rent, common Office, Fee, or other Profits to be taken, as if the &s;ame had been found by Of|fice, and provides that if one be found within age, or of le&s;&s;e age then he is, that at his full age, or after, he may have <HI>(Aetate probanda)</HI> or &s;ue Livery, or <HI>(Ou<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ter le main)</HI> as his Ca&s;e lies, and provides that where it is fal&s;e|ly found by Office, that any Attaint of Trea&s;on, or Fe|lony, is &s;ei&s;ed of any Lands, or Tenements, whereof another hath ju&s;t Title, or Intere&s;t of an E&s;tate of Free|hold, that he &s;hall have Traver&s;e, or Mon&s;trans of Right to the &s;ame, without being put to his Petition.</P>
<P>And provides where it is found, of what man or of whom the Tenements are held, the Jury is altogether ignorant, it &s;hall not be taken for a Tenure in Cheif, but there &s;hall be a better Inquiry awarded.</P>
<P>37. <HI>H.</HI> 8. <HI>Chap.</HI> 20. It is enacted, that where by 35 <HI>H.</HI> 8. <HI>chap.</HI> 14. Hou&s;es, not being Princely hou&s;es of the King, having Lands not above forty &s;hillings, that is, were granted by the King, and Tenure by Fealty to the King,
<PB N="416" REF="211">and not in Chief, is Socage, and that extends to all Letters Patents, made within five years after the Statute.</P>
<P><HI>Littleton, fol.</HI> 23. If a man hold his Land, by pay|ing certain Rent to his Lord for keeping a Ca&s;tle, &s;uch Tenure is Tenure in Socage; but where the Tenant ought by him&s;elf, or by other make the keeping of a Ca|&s;tle, &s;uch Tenure is Tenure by Knights Service, &s;o by <HI>Littleton,</HI> E&s;cuage to go of a voyage Royall, <HI>&amp;c.</HI> and to keep a Ca&s;tle, or the doore thereof, <HI>&amp;c.</HI> and to hold by Cornage, that is, to hold, to make Service by the bo|dy of a man, the&s;e are Knights Service, and to hold to pay Rent is Socage, for payment by him is Socage.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>View.</HEAD>
<DIV3 TYPE="section">
<HEAD>Where one &s;hall have View of Land in a Writ, or Plaint in nature of a Writ of Land, and where not.</HEAD>
<P>THe View is not to be granted, but where it is nece&s;|&s;ary, and if any Writ abate, by a dilatory exception after the View, as by non-tenure, ill naming the Town, or &s;uch like, he &s;hall not have the View in the &s;econd Writ which i&s;&s;ueth, al&s;o in a Writ of Dower where her Husband hath aliened to the Tenant, or his Ance&s;tors, although the Husband died not &s;ei&s;ed, the Tenant &s;hall not have the View, and al&s;o in a <HI>(dum &s;uit infra aetatem)</HI> (not of a right mind) and &s;uch like, the View &s;hall not be granted, <HI>We&s;t.</HI> 2. <HI>Chap.</HI> 48.</P>
<P>1 <HI>H.</HI> 5. <HI>fol.</HI> 11. upon the Re&s;ummons of Dower, the Tenant demanded the View, the Demandant &s;aith, her Husband died &s;ei&s;ed, by which Judgement, and prayed that he be outed, and he was outed by a Ward, 5 <HI>H.</HI> 5. <HI>f.</HI> 4.9 <HI>H.</HI> 5. <HI>fol.</HI> 4. <HI>f.</HI> 9.</P>
<P>9. <HI>Ed.</HI> 4. <HI>fol.</HI> 6. Dower, the Tenant demands the View, and held where the Husband aliens, the View is outed by the Statute.</P>
<P>2 <HI>H.</HI> 4. <HI>fol.</HI> 2. Dower, the Tenant hath the View, notwith|&s;tanding that he di&s;&s;ei&s;ed the Husband, See 7 <HI>Ed.</HI> 4. <HI>fol.</HI> 19.</P>
<P>11 <HI>H.</HI> 4. <HI>fol.</HI> 38. Dower, the Husband did not die &s;ei&s;ed,
<PB N="417" REF="211">and this was the Counterplea to out him of the View, 5 <HI>H.</HI> 5. <HI>fol.</HI> 4.9 H. 4. <HI>f.</HI> 9.</P>
<P>44 <HI>Ed.</HI> 3. <HI>fol.</HI> 31. Dower of Rent, for that, that the Husband was &s;ei&s;ed of Land, he was outed of the View by &s;tatute.</P>
<P>21 <HI>Ed.</HI> 4. <HI>fol.</HI> 26. Dower, where the Husband dies &s;ei&s;ed, and in A&s;&s;i&s;e where Jurors have the View, and where the Tenant takes knowledge of the Land in De|mand, as in action again&s;t two: One &s;aith, that he is Tenant of all, in the&s;e Ca&s;es he &s;hall have no View.</P>
<P>33 H. 6. <HI>f.</HI> 57. Dower of Lands in diver&s;e Townes, and to parcell the Tenant pleads Barre, and demands the View in one Town, and &s;hall not have it, for that, that he hath notice of parcell.</P>
<P>9 <HI>H.</HI> 6. <HI>f.</HI> 65. Wa&s;t, if &s;ix of the Jurors have not the View, the Inque&s;t &s;hall not be taken, 9 <HI>Ed.</HI> 4. <HI>fol.</HI> 1. In Wa&s;te and A&s;&s;i&s;e, the Jury &s;hall have the View. 21 <HI>Ed.</HI> 4. <HI>f.</HI> 26.</P>
<P>3 H. 4. <HI>f.</HI> 16. In Attaint upon verdict of A&s;&s;i&s;e, the Ju|rors &s;hall not have View, for in this Writ it is not, (let them &s;ee the Land) and yet in A&s;&s;i&s;e, and Certificate in A&s;&s;i&s;e, the Jurors &s;hall have the View, 7 <HI>Ed.</HI> 4 <HI>f.</HI> 1.</P>
<P>22 H. 6. <HI>fol.</HI> 27. Entrie in two Acres, and the Tenant pleads in Barr to one, and demands the View of the o|ther, and &s;hall not have it, for he hath taken notice of parcell, and intended of all, 2 <HI>H.</HI> 4. <HI>f.</HI> 26.</P>
<P>7 <HI>H.</HI> 4. <HI>f.</HI> 9. Defendant &s;hall not have View in an Acti|on upon the Ca&s;e, for that, that it is per&s;onall, 7 <HI>H.</HI> 4. <HI>f.</HI> 32. the &s;ame, 46 <HI>Ed.</HI> 3. <HI>fol.</HI> 27.29 <HI>Ed.</HI> 3. <HI>fol.</HI> 43. the &s;ame.</P>
<P>3 <HI>H.</HI> 6. <HI>fol.</HI> 34. The &s;tatute is, for ill naming the Town, by non-tenure, and &s;uch like, if the Writ abate after the View, he &s;hall not have the View, in the &s;e|cond Writ, and yet &s;aid, that if the fir&s;t Writ abate for fal&s;e Latine, that he &s;hall not have View in the &s;econd Writ, but where the fir&s;t Writ abates for form, as where the name of the Wife was put in the Writ, before the name of the Husband, he &s;hall have View in the &s;econd Writ, for that ve&s;ts the fault in the Partie.</P>
<P>10 H. 4. <HI>fol.</HI> 6. <HI>Precipe,</HI> The Tenant hath View in the &s;econd Writ, where the fir&s;t was di&s;continued after the View.</P>
<P><PB N="418" REF="212">12 <HI>H.</HI> 4. <HI>fol.</HI> 4. <HI>Precepe</HI> again&s;t two, where one dies after the View, and the Writ abates, yet in the &s;e|cond Writ again&s;t him which is alive, he &s;hall have View.</P>
<P>12 H. 4. <HI>fol.</HI> 11. Where the fir&s;t Writ abates for fal&s;e Latine, and by <HI>Thirne</HI> hath the View in the &s;econd Writ, Seek.</P>
<P>13 <HI>H.</HI> 4. <HI>fol.</HI> 8. He hath the View in the &s;econd Writ: where the fir&s;t was abated by excepion of the Tenant.</P>
<P>13 <HI>H.</HI> 4. <HI>f.</HI> 14 The Tenant hath the View in the &s;econd of VVrit of 6 Acres, where he had the View in the fir&s;t Writ of 6 Acres, abate, 42 <HI>Ed.</HI> 3. <HI>fol.</HI> 23. <HI>Precipe,</HI> where after the View, the fir&s;t VVrit abates by death, and in the new by mi&s;counts, he &s;hall not have View, 43 <HI>Ed.</HI> 3. <HI>fol.</HI> 35.</P>
<P>42 <HI>Ed.</HI> 3. <HI>f.</HI> 33. <HI>Precipe</HI> abates by fal&s;e Latine, and in a new by mi&s;counts, he &s;hall not have the View, 7 <HI>H.</HI> 6. <HI>f.</HI> 36. the &s;ame, 46 <HI>Ed.</HI> 3. <HI>fol.</HI> 16. In a VVrit of Be&s;ayle, he &s;hall not have the View, where he had View before in a VVrit of Cozenage, which was mi&s;conceived before of the &s;ame Land, and for that abates.</P>
<P>46 <HI>Ed.</HI> 3. <HI>fol.</HI> 34. In a <HI>dum fuit infra Aetatem,</HI> the Te|nant &s;hall not have the View where a di&s;mi&s;&s;ion was made to the Tenant by his Ance&s;tor.</P>
<P>48 <HI>Ed.</HI> 3. <HI>fol.</HI> 31. In a <HI>dum fuit infra Aetatem,</HI> the Te|nant &s;hall not have the View, for he is out by the &s;tatute.</P>
<P>29 <HI>Ed.</HI> 3. <HI>fol.</HI> 39. In <HI>dum fuit infra Aetatem,</HI> in the <HI>per</HI> and <HI>cui,</HI> the Tenant &s;hall have the View, otherwi&s;e, where it is in the <HI>per</HI> onely, for he is there outed by the &s;tatute.</P>
<P>22. <HI>Ed.</HI> 3. <HI>fol.</HI> 9. <HI>Precipe,</HI> The tenant hath the View, and after the Demandant was non-&s;uited, and after brought another VVrit, and the tenant demands another time the View, and had it.</P>
<P>24 <HI>Ed.</HI> 3. <HI>fol.</HI> 48 <HI>Precipe,</HI> the tenant abated that by wa|ging of Law, of not &s;ummoned, and yet in another brought fre&s;hly, he &s;hall have the View, but he had not that in the fir&s;t.</P>
<P>38 <HI>Ed.</HI> 3. <HI>fol.</HI> 1. <HI>Precipe,</HI> Again&s;t Husband and Wife, they have the View, and the Husband dies, and in a new Writ fre&s;hly brought, the Wife demanded the View, and was outed, for it is not nece&s;&s;ary, 29 <HI>Ed.</HI> 3. <HI>fol.</HI> 22.</P>
<P><PB N="419" REF="212">38 <HI>Ed.</HI> 3. <HI>fol.</HI> 41. VVhere the fir&s;t VVrit abates by no &s;uch Town where he had the View, and yet in the &s;econd VVrit, he &s;hall have the View.</P>
<P>30 <HI>H.</HI> 7. <HI>f.</HI> 8. <HI>(Cui in vita)</HI> the fir&s;t VVrit abates after the View, for that he did not &s;hew of who&s;e Demi&s;e he claimed in the &s;econd VVrit, he was outed by <HI>Fineux,</HI> and <HI>Davers,</HI> and by <HI>Vavi&s;or,</HI> &s;aid, he &s;hall have the View in the &s;econd, if the fir&s;t were not abated for any cau&s;e which comes upon the View, unle&s;&s;e it were by death a|bated.</P>
<P>41 <HI>Ed.</HI> 3. <HI>fol.</HI> 8. <HI>Quod ei deforceat,</HI> The Defendant &s;hall not have View, for he is outed by the &s;tatute, 41 <HI>Ed.</HI> 3. <HI>fol.</HI> 30. the &s;ame, 44 <HI>Ed.</HI> 3. <HI>fol.</HI> 42. the &s;ame.</P>
<P>41 <HI>Ed.</HI> 3. <HI>fol.</HI> 8. <HI>Quod ei deforceat,</HI> The Defendant &s;hall not have the View, for he is outed by the &s;tatute, 41 <HI>Ed.</HI> 3. <HI>fol.</HI> 30. the &s;ame, 44 <HI>Ed.</HI> 3. <HI>fol.</HI> 42. the &s;ame.</P>
<P>41 <HI>Ed.</HI> 3. <HI>f.</HI> 22. A&s;&s;i&s;e of Nu&s;ance, the Defendant &s;hall have the View.</P>
<P>46 <HI>Ed.</HI> 3. <HI>f.</HI> 27. <HI>Curia claudenda,</HI> the Tenant &s;hall have the View.</P>
<P>48 <HI>Ed.</HI> 3. <HI>f.</HI> 4. <HI>Ge&s;&s;avit,</HI> the Tenant &s;hall have the View, where it is of his own cea&s;ing, where he is Te|nant of the Land, and not Tenant to the Lord, for he is as a &s;tranger.</P>
<P>2 <HI>H.</HI> 4. <HI>fol.</HI> 6. <HI>Ce&s;&s;avit,</HI> of the Sei&s;in of his Father, and of his own cea&s;ing, he &s;hall not have View, for that it is of his own wrong, 7 <HI>H.</HI> 4. <HI>f.</HI> 16. the &s;ame, 2 <HI>H.</HI> 4. <HI>f.</HI> 14.</P>
<P>37 <HI>H.</HI> 6. <HI>fol.</HI> 28. <HI>Ce&s;&s;avit,</HI> where it is of his own cea&s;ing, he &s;hall not have the View, 4 <HI>H.</HI> 6. <HI>fol.</HI> 29. the &s;ame.</P>
<P>7 <HI>H.</HI> 6. <HI>fol.</HI> 47. Entry upon di&s;&s;ei&s;in of Rent, the Te|nant hath View of the Land, out of which the Rent is i&s;|&s;uing. 8 <HI>H.</HI> 6. <HI>fol.</HI> 66. the &s;ame.</P>
<P>35 <HI>H.</HI> 6. <HI>fol.</HI> 70. Entry in the <HI>quibus</HI> of a Mannour, &s;aid, that the Tenant &s;hall not have the View, for he is in by wrong, 28 <HI>H.</HI> 6. <HI>fol</HI> 1. the &s;ame.</P>
<P>3 H. 4. <HI>fol.</HI> 16. A&s;si&s;e, Jurors have the View, but the Te|nant &s;hall not have the View.</P>
<P>6 <HI>Ed.</HI> 4. <HI>fol.</HI> 1. <HI>Quod permittat,</HI> the Tenant &s;hall have the View, though it be in <HI>Debet &amp; &s;olet,</HI> which is of po&s;|&s;e&s;sion, and not of Right, 30 <HI>Ed.</HI> 3. <HI>fol.</HI> 4.</P>
<P>2 <HI>H.</HI> 4. <HI>fol.</HI> 14. <HI>Quod permittat,</HI> of turning water, View was demanded in this VVrit, and he had it.</P>
<P><PB N="420" REF="213">8 H. 6. <HI>f.</HI> 75 Admea&s;urement of Pa&s;ture, he &s;hall have the View of the Land out of which, <HI>&amp;c.</HI> but not in per|&s;onal Action, not in Wa&s;te, where Jurors have the View; 9 H. 6. <HI>f.</HI> 41 the &s;ame.</P>
<P>3 H. 4. <HI>f.</HI> 10 Dower of Rent, the Tenant hath the View of the Land out of which it is i&s;&s;uing, and &s;aid, that he &s;hall have it, though the Husband died &s;ei&s;ed of the Rent: but &s;ee 44 E. 3. <HI>f.</HI> 31 if the Husband die &s;ei&s;ed of the Land, &s;he &s;hall not have the View.</P>
<P>22 H. 6. <HI>fol.</HI> 12 A&s;&s;i&s;e of Profits of an Office, the place where he holds his Office &s;hall be put in View.</P>
<P>13 H. 7. <HI>f.</HI> 10 <HI>Cui in vita,</HI> the Tenant &s;hall have View, and yet the Statute is, if a Di&s;mi&s;&s;ion be made to the Tenant, and not to his Ance&s;tor, the View is not to be granted, but &s;he claimes from her Husband, and not by the Deman|dant or his Ance&s;tor.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Pleas after the View in Abatement.</HEAD>
<P><HI>FOrmedon,</HI> one cannot plead in Abatement after the View, unle&s;&s;e it be a thing which cometh upon the View, but where it appears to the Court that it wants form, or is fal&s;e <HI>Latine,</HI> the Court, <HI>Ex officio,</HI> will abate it, 41 <HI>Ed.</HI> 3. <HI>f.</HI> 29.40 <HI>Ed.</HI> 3. <HI>f.</HI> 35.</P>
<P>44 <HI>Ed.</HI> 3. <HI>f.</HI> 14. <HI>Formedon</HI> of a Hou&s;e, and in the perclo&s;e of the Writ there is a Hou&s;e and Meadow, and after View the Tenant cannot &s;hew that in Abatement, for that it is but a Surplu&s;age.</P>
<P>49 <HI>Ed.</HI> 3. <HI>f.</HI> 20. <HI>Formedon,</HI> after View the Tenant cannot plead in Abatement, that any of the Degrees were omitted, for it is not apparant to the Court.</P>
<P>50 <HI>Ed.</HI> 3. <HI>f.</HI> 9. <HI>Formedon,</HI> the Tenant may plead ancient Deme&s;ne, after the View, for it may be that parcell in the Town is ancient Deme&s;ne, and parcell frank fee, and that cometh upon the View to know that.</P>
<P>11 <HI>H.</HI> 4. <HI>fol.</HI> 70. <HI>Formedon,</HI> where is matter apparant in a Writ to abate that, he may plead that after the View.</P>
<P>7 <HI>H.</HI> 6. <HI>fol.</HI> 39. After the View one cannot plead no &s;uch Town, but he may &s;ay, that the Tenements are in ano|ther County, for that cometh upon the View, but after the View he cannot plead to the Juri&s;diction, yet he may plead that they are in <HI>C.</HI> and that they are impleadable
<PB N="421" REF="213">there, and demand Judgement of the Writ, and not Judgement if the Court will acknowledge.</P>
<P>19 <HI>H.</HI> 6. <HI>fol.</HI> 10. Dower, of a Free-hold in <HI>D. &amp; S.</HI> after View one cannot plead no &s;uch Town of <HI>D.</HI> for he is e&s;topped 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.</P>
<P>5 H. 7. <HI>f.</HI> 8. If the View be denied where it is grantable, it is Error, otherwi&s;e it is if it be granted, where it is not grantable, 8 H. 7. <HI>f.</HI> 11. the &s;ame.</P>
<P>36 H. 6. <HI>fol.</HI> 17. Right of Advow&s;on, the Defendant de|mands the View, for that there are two Churches in the &s;ame Town, and to out him of the View, Plaintiff &s;aith, that there is but one Church there, <HI>Ready, &amp;c.</HI></P>
<P>3 H. 6. <HI>fol.</HI> 57. Dower by Husband and Wife, the Tenant pleads that the Wife is an Alien, born in <HI>Portugal</HI> out of the Allegiance of the king: Judgement if he &s;hall be an|&s;wered: the Plaintiff &s;aith, that by Parliament &s;he was made per&s;onable: and now the Tenant demands the View, and had it, for though his Plea before was as a Barr, he pleaded that as to the Per&s;on, and not to the Action; and for that &s;hall have the View, otherwi&s;e it is if he had pleaded a Barr.</P>
<P>14 <HI>H.</HI> 6. <HI>fol.</HI> 8. <HI>Precipe</HI> again&s;t two, where one acknow|ledgeth the Action, the other &s;hall not have view.</P>
<P>26 <HI>H.</HI> 8. <HI>f.</HI> 2. <HI>Precipe,</HI> again&s;t two, one imparles, and the other hath the View, by <HI>Fitzh.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="422" REF="214">
<HEAD>The third Part of this Book, cheifly for Pleading.</HEAD>
<HEAD TYPE="sub">Abatement.</HEAD>
<HEAD TYPE="sub">Something of Pleadings, for the Instruction of the Steward, &s;hall be &s;aid here following.</HEAD>
<P>TRe&s;pa&s;&s;e upon the Statute of <HI>Richard,</HI> the De|fendant &s;aith, that <HI>J. F.</HI> let to him, and the Plaintiff made Title, and that <HI>J. F.</HI> abated, and let to the Defendant, the Defendant main|tains his Barr, and traver&s;es the Abatement, and that is not good, for I&s;&s;ue &s;hall not be upon the Abatement, 3 H. 7. <HI>f.</HI> 7. <HI>&amp;</HI> 18 <HI>Ed.</HI> 4. <HI>f.</HI> 1.</P>
<P>Entry upon Di&s;&s;ei&s;in, I&s;&s;ue cannot be taken upon A|batement: the &s;ame Law is of Intru&s;ion, 14 H. 6. <HI>f.</HI> 6.</P>
<DIV3 TYPE="section">
<HEAD>I&s;&s;ue &s;hall be upon the Affirmative and Negative, and not upon Plea by Argument, but upon traver&s;e the Affir|mative.</HEAD>
<P>COn&s;piracy, he is alive, without that, that he is dead, 7 H. 7. <HI>f.</HI> 6.14 H. 6. <HI>f.</HI> 9.19 H. 6. <HI>f.</HI> 4. <HI>&amp;</HI> 35 H. 6. <HI>f.</HI> 60.</P>
<P>Tre&s;pa&s;&s;e, the Defendant iu&s;tifies for Fealty not made; the Plaintiff &s;aith, it was not unmade, and good, 9 H. 7. <HI>fol.</HI> 12.</P>
<P>Debt again&s;t <HI>J. S.</HI> of <HI>D.</HI> the Defendant &s;aith, that he is dwelling at <HI>S.</HI> and &s;hall &s;ay, and not at <HI>D.</HI> in the Nega|tive, 4 H. 6. <HI>fol.</HI> 4. 2 <HI>Ed.</HI> 4. <HI>fol.</HI> 1.4 <HI>Ed.</HI> 4. <HI>fol.</HI> 44. <HI>&amp;</HI> 10 <HI>Ed.</HI> 4. <HI>fol.</HI> 12.</P>
<P><PB N="423" REF="214">Tre&s;pa&s;&s;e, the Defendant &s;aith, that the Free-hold was to <HI>J.S.</HI> which let to him at will, the Plaintiff &s;aith, that the Free-hold was to him, and not to <HI>J. S.</HI> in the Nega|tive, 11 H. 4. <HI>f.</HI> 90.</P>
<P>Where the Defendant &s;aith, that the Plaintiff is a Ba|&s;tard; and the Plaintiff &s;aith, he is Legitimate; he &s;hall &s;ay, and not a Ba&s;tard, 19 H. 6. <HI>f.</HI> 17 <HI>&amp;</HI> 11 H. 6. <HI>f.</HI> 53</P>
<P>Tre&s;pa&s;&s;e again&s;t <HI>J. S.</HI> of <HI>Fenton,</HI> the Defendant &s;aith, that he was dwelling at E. and &s;hall &s;ay negatively, and not at <HI>Fenton,</HI> 19 H. 6. <HI>f.</HI> 1.</P>
<P>Action upon the Statute of Laborers, the Defendant &s;aith, that he was in the Service of <HI>J. S.</HI> and &s;hall &s;ay, and not Vagrant in the Negative, 11 H. 6. <HI>f.</HI> 1. <HI>&amp;</HI> 52.</P>
<P>Action upon the Ca&s;e, for that he hath a Leet, and Fines and Amerciaments of the &s;ame; the Defendant &s;aith, that well and true it is, that the Plaintiff hath a Leet; but he &s;aith, that he hath not the Fines and Amerciaments, and ought to &s;ay, without that, that the Plaintiff hath the Fines and Amerci aments, 38 H. 6. <HI>f.</HI> 16</P>
<P>Fal&s;e Judgement, I&s;&s;ue was, that one &s;aith, that he was dead, and the other &s;aith, that he is alive, 14 H. 6. <HI>fol.</HI> 9.19 H. 6. <HI>f.</HI> 4. the &s;ame.</P>
<P>Where one pleads out of his Fee, the other &s;aith within, without that, that it was out in manner and forme, 11 H. 4. <HI>fol.</HI> 10</P>
<P><HI>Formedon in reverter,</HI> and counts of a Gift in Tail, <HI>&amp;c.</HI> the Defendant &s;aith, that the Donor gave in Fee, and it is not good, for it is but an An&s;wer by Argument, and for that he ought to traver&s;e the Gift in Tail, which is &s;uppo|&s;ed by the Plaintiff, 2 H. 6. <HI>f.</HI> 15.</P>
<P><HI>Scire facias</HI> again&s;t the Par&s;on of <HI>D.</HI> of Arrerages of Annuity; the Defendant &s;aith, that before the Writ he re&s;igned to the Bi&s;hop of <HI>L.</HI> and &s;o that remained in his hands: Judgement of the Writ, and it is but a Plea by Argument, that is, that he is not Par&s;on, and for that it is not good without concluding, and &s;o not Par&s;on; 7 E. 4. <HI>fol.</HI> 16.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="424" REF="215">
<HEAD>A&s;&s;i&s;e and Tre&s;pa&s;s.</HEAD>
<HEAD TYPE="sub">Diver&s;ity between pleadings in A&s;&s;i&s;e and Tre&s;pa&s;s, for in Tre&s;pa&s;s need not make Title under Po&s;&s;e&s;&s;ion, otherwi&s;e in A&s;si&s;e.</HEAD>
<P>TRe&s;pa&s;&s;e, the Defendant ought to convey to him an E&s;tate immediate, and for that, to &s;ay, that <HI>J. S.</HI> was &s;ei&s;ed, till by <HI>J. D.</HI> di&s;&s;ei&s;ed, which infeoffed the Plaintiff, upon whom <HI>J. S.</HI> entered, who&s;e E&s;tate he hath, it is not good, but if the Defendant &s;aith, that he was &s;ei&s;ed till by the Plaintiff di&s;&s;ei&s;ed, upon whom he entered, it is good, but not in A&s;&s;i&s;e; 5 <HI>H.</HI> 7. <HI>f.</HI> 11.</P>
<P>Tre&s;pa&s;&s;e, the Defendant &s;aith, that he was &s;ei&s;ed till by the Plaintiff di&s;&s;ei&s;ed, and he entered, and it is good; and he need not to convey to him a Title; and the Plain|tiff &s;aith, that he was &s;ei&s;ed, till by the Defendant di&s;|&s;ei&s;ed, without that, that he di&s;&s;ei&s;ed the Defendant, for if the Defendant had fir&s;t Po&s;&s;e&s;&s;ion, it is good in Tre&s;pa&s;&s;e; 26 <HI>H.</HI> 8. <HI>f.</HI> 6.</P>
<P>Trepa&s;&s;e, the Defendant may plead Fine with Procla|mation, Judgement if Action, but not relie upon E&s;top|pell; 17 <HI>H.</HI> 8. <HI>f.</HI> 27.</P>
<P>Tre&s;pa&s;&s;e, the Defendant pleads his Free-hold; the Plaintiff &s;aith, that he was &s;ei&s;ed in Fee, till di&s;&s;ei&s;ed by the Defendant, and he re-entered, and the Tre&s;pa&s;&s;e in the mean time, the Defendant maintains his Barr, with|out that, that he di&s;&s;ei&s;ed the Plaintiff, 1 <HI>Ed.</HI> 4. <HI>f.</HI> 3.</P>
<P>Tre&s;pa&s;&s;e, the Defendant pleads, Gift in Tail to his Ance&s;tor, and conveys to him by divers Di&s;cents, the Plaintiff &s;aith, that he was &s;ei&s;ed in Fee, and traver&s;ed the Gift, and it is good, and need not make Title beyond his Po&s;&s;e&s;&s;ion, otherwi&s;e of A&s;&s;i&s;e; 3 <HI>Ed.</HI> 4. <HI>f.</HI> 19.</P>
<P>Tre&s;pa&s;&s;e, to plead a Feoffment of the Plaintiff, it &s;eems to be good; or he may &s;ay, that he him&s;elf was &s;ei&s;ed; but in A&s;&s;i&s;e, Feoffment of the Plaintiff is no Plea, for that amounts to no wrong, no Di&s;&s;ei&s;in; 15 <HI>Ed.</HI> 4. <HI>f.</HI> 31. <HI>&amp;</HI> 29. <HI>Book of A&s;&s;.</HI> 24.</P>
<P>Tre&s;pa&s;&s;e, if the Defendant plead that he was infeoffed, the Plaintiff may traver&s;e the Feoffment without making
<PB N="425" REF="215">to him Title, otherwi&s;e it is in an A&s;&s;i&s;e; 18 <HI>Ed.</HI> 4. <HI>f.</HI> 10.10 <HI>Ed.</HI> 4. <HI>f.</HI> 3.27 <HI>H.</HI> 6. <HI>f.</HI> 1. <HI>&amp;</HI> 40 <HI>Ed.</HI> 3. <HI>f.</HI> 5.</P>
<P>Tre&s;pa&s;&s;e, the Defendant &s;aith, that <HI>H.</HI> his Tenant at will infeoffed the Plaintiff, and he entered; the Plaintiff &s;aith, that <HI>J. S.</HI> infeoffed <HI>H.</HI> and he died &s;ei&s;ed, and his I&s;&s;ue infeoffed me; the Defendant cannot traver&s;e the Feoffment but the Di&s;cent, otherwi&s;e it is in A&s;&s;i&s;e, 10 <HI>H.</HI> 4. <HI>f.</HI> 1.</P>
<P>A&s;&s;i&s;e, by <HI>Littleton,</HI> the Tenant may plead, let to him for years, or for life, the Rever&s;ion to the Plaintiff, and it is good; and &s;o is it of a Feoffment with Warranty, of the Plaintiff, and relie upon Warranty; 18 <HI>Ed.</HI> 4. <HI>fol.</HI> 10. 8 <HI>Ed.</HI> 2. <HI>Tit. A&s;&s;.</HI> 391. <HI>&amp;</HI> 18 <HI>Ed.</HI> 3 <HI>f.</HI> 13. the &s;ame.</P>
<P>A&s;&s;i&s;e, the Tenant pleads that the Plaintiff let to him for life, and is good, but a Feoffment of the Plaintiff is not good in A&s;&s;i&s;e, but in Tre&s;pa&s;&s;e it is good, 6 <HI>H.</HI> 7. <HI>f.</HI> 14.27. <HI>Book of A&s;s.</HI> 31. the &s;ame. <HI>&amp;</HI> 29. <HI>Book of A&s;&s;.</HI> 24.</P>
<P>Tre&s;pa&s;&s;e at <HI>Compton</HI> over <HI>C.</HI> and neither <HI>C.</HI> it is no Plea in Tre&s;pa&s;&s;e, but it is good in A&s;&s;i&s;e; 8 <HI>H.</HI> 6. <HI>f.</HI> 18.</P>
<P>Tre&s;pa&s;&s;e at <HI>D.</HI> there are two <HI>Dd.</HI> within the County, and none without addition, it is no Plea, for the Vi&s;ne &s;hall be of the Body of the County; 3 <HI>Ed.</HI> 4. <HI>f.</HI> 26. and 9 <HI>H.</HI> 6. <HI>Tit.</HI> 5. the &s;ame.</P>
<P>A&s;&s;i&s;e of Lands in <HI>O&s;godby,</HI> the Tenant &s;aith, there are two <HI>O&s;godbyes</HI> within the County, none without addition, and it is no Plea, for the Plaintiff &s;hall recover by view of the Jurors, 5 <HI>Book of A&s;si&s;es</HI> 9 and 27 <HI>Ed.</HI> 3. <HI>f.</HI> 2</P>
<P>Tre&s;pa&s;&s;e in <HI>Otterton</HI> and <HI>H.</HI> which <HI>H.</HI> is a Hamlet of <HI>Otterton,</HI> it is a good Plea in <HI>Precipe,</HI> and not in Tre&s;pa&s;&s;e, where Damages onely are recovered; 7 E. 4. <HI>f.</HI> 18 <HI>&amp;</HI> 4 E. 4 <HI>Tit: Breif</HI> 155 <HI>&amp;</HI> 179.</P>
<P>Tre&s;pa&s;&s;e may be in a Hamlet, but not in a place onely known; 11 H. 7 <HI>fol.</HI> 24 2 <HI>R.</HI> 3. <HI>fol.</HI> 1 <HI>&amp;</HI> 43 E. 3. <HI>fol.</HI> 30 the &s;ame.</P>
<P><HI>Precipe,</HI> in <HI>D.</HI> is a good Plea in Abatement, that <HI>D.</HI> is a Hamlet and not a Town, but otherwi&s;e it is in A&s;&s;i&s;e; 8 E. 4. <HI>f.</HI> 6</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="426" REF="216">
<HEAD>Pleas in Barr.</HEAD>
<DIV3 TYPE="section">
<HEAD>Barr is good at the fir&s;t &s;hew, or by common rea&s;on and intent, &s;uch intent is a Plea, which hath not more vehe|ment pre&s;umption then to intend contrary; but if the in|tent be indifferent, it is not good at the fir&s;t &s;hew by In|tendment.</HEAD>
<P><HI>FOrmedon in Di&s;cender,</HI> that he gave not, is good, and yet it may be that he did recover in value, but the mo&s;t pre&s;&s;ing Intendment is to the contrary: but if in Debt, I plead Relea&s;e bearing Date after the Obligation, it is not good, at the fir&s;t face, unle&s;&s;e he &s;aith, that it was deli|vered after the Obligation: <HI>Plowd: Com. f:</HI> 32</P>
<P>Forging of Deeds, the Defendant &s;aith, that he him&s;elf was &s;ei&s;ed at the time of the Forgery, and it might be by Di&s;&s;ei&s;in, but it &s;hall not be intended, and for that it is good, at the fir&s;t &s;hew; 8 H. 6. <HI>f.</HI> 34</P>
<P>Tre&s;pa&s;&s;e, that he entered into a Warren, the Defen|dant pleads his Free-hold, and it is good, and yet one may have the Warren, and another the Free-hold; 44 E. 3. <HI>f.</HI> 12 17 E. 4. <HI>f.</HI> 6 10 H. 7. <HI>f.</HI> 24 <HI>&amp;</HI> 34 H. 6. <HI>f.</HI> 28</P>
<P>Tre&s;pa&s;&s;e in a &s;everall fi&s;hing, the Defendant pleads that the place is his Free-hold, and is good, as above at the fir&s;t face; 18 H. 6. <HI>f.</HI> 29 10 H. 7. <HI>f.</HI> 24 20 H. 6. <HI>f.</HI> 4 17 E. 4. <HI>f.</HI> 6 <HI>&amp;</HI> 18 E. 4. <HI>f.</HI> 4</P>
<P>A&s;&s;i&s;e of <HI>Mortdance&s;ter,</HI> becau&s;e his Mother took the ha|bit of Religion, the Defendant &s;aith, that your Mother had a Husband alive when &s;he 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. <HI>f.</HI> 3</P>
<P>Tre&s;pa&s;&s;e of Goods, <HI>&amp;c.</HI> the Defendant ju&s;tifies that the property was to <HI>J. S.</HI> which gave them to him at <HI>D.</HI> and though he do not &s;ay, where the property was in him, it &s;hall be intended at <HI>D.</HI> and good; 1 E. 5. <HI>f.</HI> 3</P>
<P>It is &s;aid there, though the Barr be good to common intent, yet it &s;hall not be good where parcell of the &s;ub|&s;tance is left out, but where &s;uch things are left out, which by &s;pecial intendment, and not by general intend|ment,
<PB N="427" REF="216">are omitted, the Law &s;hall keep &s;uch a barr. <HI>Plowd. Com fol</HI> 27.</P>
<P>Accounts, the Defendant &s;aith that he hath accounted before the Plaintiffe him&s;elf, and it is good, yet he doth not &s;ay, that he was before Auditors before him, <HI>&amp;c.</HI> 4 <HI>Ed.</HI> 4. <HI>fol.</HI> 6.</P>
<P>Tre&s;pa&s;&s;e, the Defendant pleads, that he to who&s;e u&s;e enfeoffed him, and doth not &s;ay, if he were out of Pri|&s;on, and of full age, according to the Statute, and yet being in Barre, it was &s;aid, that it &s;hall be &s;o intended, 6. <HI>H.</HI> 7. <HI>fol.</HI> 6.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where Count is upon matter of Reords, or of Specialty the Barre &s;hall be &s;o high, and not upon bare matter.</HEAD>
<P>DEbt upon arrearages of Annuity, the Defendant &s;aith, that he let the Mannour of <HI>D.</HI> to him in re|compence, and it is no Plea, for it is not &s;o high, 19 <HI>H.</HI> 8. <HI>fol.</HI> 9.</P>
<P>Tre&s;pa&s;&s;e upon the Statute of <HI>Rich.</HI> The Defendant pleads in Barre, warranty of the Ance&s;tor of the Plain|tiffe, and demands Judgement, if again&s;t the warranty, <HI>&amp;c.</HI> and it is no Plea, for Damages is onely to bereco|vered, 10 <HI>H.</HI> 7. <HI>fol.</HI> 12.</P>
<P>Tre&s;pa&s;&s;e, the Defendant may plead Fine with Pro|clamation, Judgement, if Action, but not to relie upon the e&s;toppell, 27 <HI>H.</HI> 8. <HI>fol.</HI> 27.</P>
<P>14 <HI>H.</HI> 4. <HI>fol.</HI> 27. Debt upon a Lea&s;e by Indenture, the Defendant &s;aith that he hath be&s;towed the Rent upon re|parations by commandement of the Plaintiffe, and it is not good, for it is not &s;o high.</P>
<P>10 <HI>H.</HI> 7. <HI>fol</HI> 4 Debt upon arrearages of a Lea&s;e for years, the Defendant pleads agreement, and it is not &s;o high.</P>
<P>1 <HI>H.</HI> 7. <HI>fol.</HI> 14. The Defendant cannot avoid &s;pecialty by bare matter, as to &s;ay the &s;pecialty was delivered to him in place of an acquittance, for it is not &s;o high.</P>
<P>10 <HI>Ed.</HI> 4. <HI>fol.</HI> 18 Debt upon an Obligation, endor&s;ed with condition, that if the Defendant &s;erve him in all his lawfull commands, <HI>&amp;c.</HI> the Defendant may plead, that he di&s;charged him, and it is good without &s;pecialty, for the condition is matter in deed.</P>
<P><PB N="428" REF="217">18 <HI>Ed.</HI> 4. <HI>fol.</HI> 9 If one covenant by Indenture to make me a hou&s;e before &s;uch a day, and he plead, that I di&s;|charged him before the day, it is good without &s;pecialty, for I cannot come upon his Land after di&s;charge, 19. <HI>Ed.</HI> 4. <HI>fol.</HI> 2 the &s;ame.</P>
<P>21 <HI>H.</HI> 6. <HI>fol.</HI> 36. Tre&s;pa&s;&s;e of taking his Apprentice, the Defendant &s;aith that the Plaintiffe di&s;charged him be|fore the Tre&s;pa&s;&s;e of taking, and it &s;eems no Plea, for that he is an Apprentice by Indenture, and the di&s;charge without &s;pecialty, and to another per&s;on.</P>
<P>9 <HI>Ed.</HI> 4. <HI>fol.</HI> 57. Annuity, the Defendant pleads levied by di&s;tre&s;&s;e in another County, and &s;o that he owes him nothing, and it is good, but that he owes him nothing onely, is no Plea again&s;t &s;pecialty.</P>
<P>3 <HI>H.</HI> 6. <HI>fol.</HI> 41. <HI>Scire facias,</HI> upon recovery of arrerages of annuity, Defendant pleads that the Deed of annuity was delivered to him in lieu of an Acquittance, and it is no Plea again&s;t a recovery.</P>
<P>11 <HI>H.</HI> 4. <HI>fol.</HI> Debt upon arrerages before Auditors, the Defendant pleads that he hath an obligation for the &s;ame, and it is no Plea, for it is not &s;o high.</P>
<P>11 <HI>H.</HI> 7. <HI>fol.</HI> 13. VVa&s;te, 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.</P>
<P><HI>Scire facias,</HI> upon a Recogni&s;ance to have one here at a certaine day to appeare, it is no Plea to &s;ay, I have been there without &s;hewing his appearance of Record, for it is not &s;o high, 7 <HI>H.</HI> 6. <HI>fol.</HI> 26. <HI>B.</HI></P>
<P>Debt upon arrerages of account before Auditors, the the Defendant pleads Abitrement, and it is no Plea again&s;t matter of Record before Auditors, 3 <HI>H.</HI> 6. <HI>f.</HI> 55. 8 <HI>H.</HI> 5. <HI>f.</HI> 3. the &s;ame, 10 <HI>H.</HI> 6. <HI>tit.</HI> 44. 4 <HI>H.</HI> 6. <HI>fol.</HI> 17. and 3 <HI>H.</HI> 4. <HI>f.</HI> 7. <HI>H.</HI> 4. <HI>f.</HI> 6. <HI>adjudged.</HI></P>
<P>Debt upon an obligation, the Defendant cannot plead payment, for it is not &s;o high, 1 H. 7. <HI>fol.</HI> 14.</P>
<P>Debt upon an obligation, endorced upon condition; the Defendant may plead that the Plaintiff hath retained par|cell of the &s;maller &s;umm, hanging the VVrit, and it is good in abatement without &s;pecialty, 5 <HI>H.</HI> 7. <HI>f.</HI> 4.</P>
<P>Action upon the Statute of <HI>Rich.</HI> If the Defendant plead Act of Parliament, by force of which he was &s;ei&s;ed, till the Plaintiff entered upon him, upon which he re-enter|ed,
<PB N="429" REF="217">the which is the &s;ame Tre&s;pa&s;&s;e, <HI>&amp;c.</HI> and concludes Judgement if action, it is good, 3 <HI>Ed.</HI> 4. <HI>fol.</HI> 6.</P>
<P>Annnity by grant, the Defendant &s;aith in abatement that after the action brought, that the Plaintiff hath retai|ned part of the arrerages, and it is no Plea without &s;peci|alty, for it is not &s;o high, 22 <HI>Ed.</HI> 4. <HI>fol.</HI> 51.</P>
<P>Debt upon an obligation, the Defendant pleads receit of parcell, hanging the VVrit, Judgment of the writ, and it is not good without &s;pecialty, 7 <HI>Ed.</HI> 4. <HI>fol.</HI> 15.</P>
<P>15 <HI>H.</HI> 7. <HI>fol.</HI> 10. Debt upon a &s;ingle obligation of twenty pound, the Defendant pleads that the Plaintiff hath received parcell, hanging the VVrit, and demands Judgment of the VVrit, and it is no Plea without &s;hewing Acquittance, for it is not &s;o high.</P>
<P>VVa&s;te, the Defendant pleads agreement to make flud|gates only, and agreement is no Plea in this action, for it is not &s;o high, for Land is to be recovered, 13 <HI>H.</HI> 7. <HI>f.</HI> 20. 11 <HI>H.</HI> 7. <HI>f.</HI> 13.</P>
<P>Covenant upon &s;pecialty, the Defendant pleads arbi|trement, and it is not good, for it is not &s;o high, 3 <HI>H.</HI> 4. <HI>fol.</HI> 2.</P>
<P>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 &s;o high, 5 <HI>H.</HI> 4. <HI>fol</HI> 2.</P>
<P>Debt for Rent upon a Lea&s;e by Indenture, the Defen|dant cannot plead payment for it is not &s;o high, but pay|ment, and &s;o he owes him nothing, is good, but where a Lea&s;e is by word, payment in Debt upon that is good, 1 <HI>H.</HI> 5 <HI>fol.</HI> 6 See, 46 <HI>E.</HI> 3. <HI>f.</HI> 1. See, 10 <HI>H.</HI> 7.24. <HI>b.</HI> 11 H 7.4 <HI>b.</HI> 20 H. 6.20. <HI>b.</HI> &amp; 9 <HI>Ed.</HI> 4.27.</P>
<P>Debt upon obligation upon condition, the Defendant may plead payment according to the condition, without &s;pecialty, 5 H 7 <HI>fol.</HI> 41. 5 <HI>Edw.</HI> 4 <HI>fol</HI> 5. the &s;ame</P>
<P>Debt for Rent upon a Lea&s;e, payment is no Plea with|out &s;aying, and &s;o he owes him nothing, but payment in a|nother County is good without concluding, and &s;o he oweth him nothing, 33 H 6 <HI>fol</HI> 4. 10 H 7 <HI>fol</HI> 4.3 H 7 <HI>fol</HI> 3.</P>
<P>Debt upon a bargaine, where the Defendant may wage his Law he cannot plead payment in another County, 18. H 6 <HI>fol</HI> 13. 10 H 7 <HI>f</HI> 4. 11 H 74 <HI>b.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="430" REF="218">
<HEAD>Count.</HEAD>
<DIV3 TYPE="section">
<HEAD>Count &s;hall be more certaine then a Barr, and yet &s;ometimes it is good by intendment, that is if Common rea&s;on do not imply contrary to the Count, it is good by intend|ment.</HEAD>
<P>DEbt upon obligation without date, yet the Plaintiff ought to count when it was made: But otherwi&s;e it is if the Defendant plead an Acquittance without date, 3 H. 4. <HI>f.</HI> 5. 6 <HI>Ed.</HI> 4. <HI>f.</HI> 11. Debt or annuity without date, the &s;ame, 5 <HI>H.</HI> 7.24 <HI>B. of annuity.</HI></P>
<P><HI>Quare impedit,</HI> If the Plaintiff counts that foure per&s;ons were &s;ei&s;ed of a Mannour, to which the Advow&s;on is ap|pendant, who&s;e E&s;tate he hath, it is not good without coun|ting how he hath it, otherwi&s;e it is in Barr, 2 H 6. <HI>fol.</HI> 10.</P>
<P>Action upon the ca&s;e, of borrowing a Hor&s;e to ride to <HI>York,</HI> and counts that he rode him further, he ought to count in what County <HI>York</HI> is, 21 <HI>Ed</HI> 4. <HI>fol</HI> 79 <HI>b</HI></P>
<P>Debt, and counts that if the Defendant make voluntary wa&s;t, he &s;hould pay twenty &s;hillings, and counts that he made wa&s;t in &s;ale, and for that, that he doth not count how, it is not certaine, and not good, 9 H. 6. <HI>fol.</HI> 11.</P>
<P><HI>Decies tantum,</HI> for imbracing, and counts that at <HI>D.</HI> he hath taken Money to imbrace, but for that, that he doth not count that he hath imbraced, nor how or where he im|braced, it is not good, 37 H. 6. <HI>f.</HI> 31</P>
<P>Deceit again&s;t an Attorney, for acknowledging &s;atisfa|ction, and ought to count where he was not &s;atisfied, for otherwi&s;e it is uncertaine, and &s;hall not be implyed, and intended, 11 H. 6. <HI>f.</HI> 2. <HI>B.</HI></P>
<P>Re&s;cous, and counts that he di&s;trained for Rent, <HI>&amp;c.</HI> and for that, that he doth not count, which were the daies of payment, it is not certaine, and is not good, 8 H. 4. <HI>fol.</HI> 1.</P>
<P>VVhere one Avowes for that, that he held of him, by the third part of the fee of Knights Service, and for that, that he doth not &s;hew, by what manner of Knights Service, it is not good, 12 H. 8. <HI>f.</HI> 13.</P>
<P>Debt by <HI>Stradling,</HI> and counts of taking exce&s;&s;ive fees in
<PB N="131" REF="218">paying Pen&s;ions, where the Defendant was receiver of the Mannors of <HI>D.</HI> and <HI>S.</HI> in the hands of <HI>H.</HI> 8. and for that, that he doth not count, that they continued in the hands of <HI>Ed.</HI> 6. it is not good, for the Statute was made in the time of <HI>Ed.</HI> 6. that if any Receiver of the King took <HI>&amp;c.</HI> he &s;hould pay for every penny &s;ix &s;hillings eight pence, and that might have two meanings, one with the Plaintiffe, the other again&s;t him, and for that it is not good, <HI>P.C. fol.</HI> 202.</P>
<P>Forging of Deeds, the Writ is, divers fal&s;e Deeds, and counts of a Deed of Feoffment, and of a Writing and a&s;&s;urance of a Letter of Attorney, and for that the Count is not good, 35 <HI>H.</HI> 6. <HI>fol.</HI> 37. <HI>b.</HI></P>
<P>Debt, The Plaintiffe counts upon a Lea&s;e made by him, and <HI>E.</HI> late his Wife, by Deed indent, and counts for the Rent behind, and though he do not count that his VVife was dead, yet it is good, for it cannot be by rea|&s;on but &s;he is dead, 9 H. 6. <HI>fol.</HI> 11. <HI>b.</HI> and 8 H. 5. <HI>fol.</HI> 4.</P>
<P>Account, the Plaintiffe counts that the Defendant was his Receiver &s;uch a day, till the Fea&s;t of Saint <HI>Micha|el,</HI> and there are two Fea&s;ts of Saint <HI>Michael,</HI> that is, <HI>Michael in Tumba,</HI> and <HI>Michael</HI> the Archangell, and though it be not at which Saint <HI>Michael,</HI> it is good, and &s;hall be intended <HI>Michael</HI> the Archangell, which is more known, and the more ob&s;erved Fea&s;t. 20 <HI>H.</HI> 6 <HI>fol.</HI> 23.</P>
<P>Tre&s;pa&s;&s;e, and counts that the Defendant entered into a Warren at <HI>D.</HI> and drove away the Conies, and not &s;ay drove them away there, and yet it is good, and &s;hall be intended there, 44 <HI>Ed.</HI> 3 <HI>fol.</HI> 12</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where he confe&s;ses and avoids, he need not Traver&s;e.</HEAD>
<P>DEtinue of finding a Box, &s;ealed with Writings, the defendant &s;aith, 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 Traver&s;e, for he confe&s;&s;es, and avoids the Plaintiffe, 21 <HI>Ed.</HI> 4. <HI>f.</HI> 19.</P>
<P>Detinue of a Che&s;t en&s;ealed with VVritings, The Defendant &s;aith, that the VVritings which he had were in a Box en&s;ealed, and the Plaintiffe lent him a hundred Shillings, and delivered this Box to him in Pawn, with|out that, that he detains a Che&s;t, and it is good; and it is good with Traver&s;e, otherwi&s;e not, 22 <HI>Ed.</HI> 4. <HI>f</HI> 7.</P>
<P><PB N="432" REF="219">Tre&s;pa&s;&s;e of breaking his Hou&s;e, and taking his Goods there, the Defendant &s;aith, that his VVife was Execu|trix, and that they were the Goods of the Te&s;tator, and the Doore was open, and he entered, and took them, and this is good without Traver&s;e, for he hath confe&s;&s;ed and avoided, 2 H. 6. <HI>f.</HI> 15 <HI>B</HI></P>
<P>Tre&s;pa&s;&s;e of his Goods taken, the Defendant &s;aith, they were delivered to him by a Replegeare, and it is good without Traver&s;e; 7 H. 4. <HI>f.</HI> 15. <HI>&amp;</HI> 44 E. 3. <HI>f.</HI> 20</P>
<P>Tre&s;pa&s;&s;e of his Goods taken, the Defendant &s;aith, they were delivered to him upon an Execution upon a Reco|very, and this is good; 40 E. 3. <HI>f.</HI> 21. <HI>&amp;</HI> 44 E. 3. <HI>f.</HI> 20</P>
<P>Tre&s;pa&s;&s;e of Clo&s;e broken, the Defendant &s;aith, that he had a way there by Pre&s;cription to his Mannour, which he u&s;ed, and ought there to traver&s;e without that he bro<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> down, for the other is not breaking down; 8 H. 5. <HI>f.</HI> 2</P>
<P>13 H. 8. <HI>f.</HI> 14 <HI>Quare impedit</HI> again&s;t <HI>J. Hecker,</HI> of an Ad|vow&s;on appendant, the Defendant &s;aith, that it is an Ad|vow&s;on in gro&s;&s;e, and that <HI>W. S.</HI> his Ma&s;ter pre&s;ented <HI>W. S.</HI> and that he died, and <HI>J. Hecker</HI> was cho&s;en Ma&s;ter, and pre&s;ented <HI>J. Hecker,</HI> the Defendant, and for that he hath confe&s;&s;ed and avoided the Plaintiff for gaining of Po&s;&s;e&s;|&s;ion, and for that he need not any Traver&s;e.</P>
<P>10 H. 7. <HI>f.</HI> 27 <HI>Quare impedit,</HI> and counts of an Advow|&s;on in gro&s;&s;e, the Defendant &s;aith, that it is appendant to a Mannour which de&s;cended unto him, and he ought to traver&s;e.</P>
<P>5 H. 7. <HI>fol.</HI> 12 Tre&s;pa&s;&s;e, Defendant &s;aith that <HI>Nicholas</HI> his Grand-father was &s;ei&s;ed in Fee, and died &s;ei&s;ed, and that de&s;cended to his Father, and he entered, and by Pro|te&s;tation died &s;ei&s;ed, and that de&s;cended to him: Plaintiff &s;aith, that <HI>J. S.</HI> gave to <HI>Nicholas</HI> in Tail, and that de|&s;cended unto him as Son, and it is not good without tra|ver&s;ing the Dying &s;ei&s;ed in Fee of <HI>Nicholas,</HI> or confe&s;&s;e and avoid it.</P>
<P>Tre&s;pa&s;&s;e, the Defendant pleads a Grant made to him by <HI>E.</HI> and the Plaintiff pleads that <HI>H.</HI> 6 by Authority of Parliament, granted that to him, and is good; for that confe&s;&s;e and a voyds the Grant; 7 H. 7. <HI>f.</HI> 15</P>
<P><HI>Quare impedit</HI> again&s;t a Prior, the Plaintiff counts that he was &s;ei&s;ed of an Advow&s;on in gro&s;&s;e and pre&s;ented; the Defendant &s;aith, that he was &s;ei&s;ed in right of his Mona|&s;tery
<PB N="433" REF="219">in gro&s;&s;e and pre&s;ented <HI>J.</HI> and after his Predece&s;&s;or granted the next Avoidance to the Plaintiff, and to the Pre&s;entee <HI>A.</HI> and good, for he hath confe&s;&s;ed and avoided; 26 H. 8. <HI>f.</HI> 5</P>
<P>Tre&s;pa&s;&s;e, the Defendant conveyes the Land to her as Si&s;ter <HI>B.</HI> the Plaintiff &s;aith, that <HI>B.</HI> had I&s;&s;ue a Daughter, and that he as Guardian in Socage entered, and it is good without traver&s;e, for he hath confe&s;&s;ed and avoided; 19 H. 8. <HI>f.</HI> 11 <HI>B.</HI></P>
<P>A&s;&s;i&s;e, the Tenant pleads that <HI>J. S.</HI> infeoffed him: the Plaintiff &s;aith, that well and true it is, that <HI>J. S.</HI> in|feoffed you, but it was upon condition, and that <HI>J. S.</HI> en|tered for the condition, and infeoffed the Plaintiff, and this is good, for he confe&s;&s;es and avoides the Defendant, 6 H. 7. <HI>f.</HI> 8</P>
<P>Forging of Deeds, and counts that the Defendant hath forged a Deed, by which <HI>J. Beak</HI> infeoffed <HI>W. T.</HI> the De|fendant &s;aith, that long time before the Plaintif had any thing, that <HI>J. Beak</HI> infeoffed <HI>W.</HI> and <HI>Alice</HI> his Wife which died, and the Defendant as Heir of <HI>W.</HI> read and pro|claimed the Deed, and ought to traver&s;e forging; for where the Defendant ju&s;tifies a thing, prohibited by the Law in a &s;peciall manner, he ought to traver&s;e, as in Main|tenance; if he ju&s;tifie, he &s;hall &s;ay, he &s;hall &s;ay without that, that he maintained in other manner; 32 H. 6. <HI>f.</HI> 1</P>
<P>Tre&s;pa&s;&s;e of A&s;&s;ault and threatning, the Defendant &s;aith, that the Plaintiff called him Traitor, and he &s;aid, thou lye&s;t in thy throat, it is no Plea, for he doth not con|fe&s;&s;e any threatning 37 H. 6. <HI>f.</HI> 3</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Conclude.</HEAD>
<DIV3 TYPE="section">
<HEAD>Order and form, how one ought to conclude in his Plea.</HEAD>
<P>WHere to a Bar there ought to be a Reply, the Con|clu&s;ion of his Plea &s;hall be (and this he is ready to prove) <HI>&amp;c.</HI> (and where but ready that &s;o) there it is o|therwi&s;e; 33 H. 6. <HI>f.</HI> 21 <HI>&amp;</HI> 12 <HI>Ed.</HI> 4. <HI>f.</HI> 13 the &s;ame.</P>
<P>As in Dower, the Tenant pleaded (not ever &s;ei&s;ed that Dower, he ought to conclude, (and of this he puts him&s;elf upon the Country) for no Reply &s;hall be, (but ready that &s;o.)</P>
<P><PB N="434" REF="220">Where the Defendant pleads to the I&s;&s;ue, the con|clu&s;ion &s;hall be (and of this he puts him&s;elf upon the Countrey) and where the Plaintiffe pleads to the I&s;&s;ue, he &s;hall &s;ay, (and he de&s;ires that this may be inquired by the Countrey, 26 <HI>H.</HI> 8. <HI>f.</HI> 4.</P>
<P>If one plead a Plea, which is not traver&s;able, as no wrong, or generall I&s;&s;ue, or Record as Outlawry, he need not in his conclu&s;ion averr his Plea, that is, (and this he is ready to prove, <HI>&amp;c.</HI> 36. <HI>H.</HI> 6. <HI>fol.</HI> 17.</P>
<P>When the Defendant ju&s;tifies, he ought to conclude, (and this he is ready to prove, <HI>&amp;c.</HI>) and when he pleads the generall I&s;&s;ue, he need not, 6 <HI>H.</HI> 4. <HI>fol.</HI> 18. and the Book of Entries, <HI>fol.</HI> 152. the &s;ame.</P>
<P><HI>Quare impedit,</HI> If the Defendant plead that it is incor|porated by another name, Judgement if Action, this conclu&s;ion is not good, but he ought, to conclude Judge|ment of the Writ, 26 H. 8. <HI>fol.</HI> 1. <HI><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nd</HI> 4 <HI>H.</HI> 6. <HI>fol.</HI> 27.</P>
<P>Where the Defendant &s;aith, that the Parties to the Fine have nothing, but one &s;uch a one, who&s;e e&s;tate he hath, he ought to conclude, (and this he de&s;ires may be inquired by the Countrey) and the afore&s;aid Plaintiffe likewi&s;e, it &s;hall be entered, for here needs no Reply, but ready, that &s;o as above, 12 <HI>Ed.</HI> 4. <HI>fol.</HI> 13.</P>
<P>Debt upon Obligation, the Defendant &s;aith, that it was endor&s;ed 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 &s;ame Law is, where he &s;aith it was made by con&s;traint, or that he was under age, or that it was delivered as an E&s;erow, 7 <HI>Ed.</HI> 4.3 <HI>B.</HI> he ought to &s;ay Judgement, if Action, 14 <HI>H.</HI> 8. <HI>fol.</HI> 30.</P>
<P>Debt upon obligation, to plead payment, and delivery of that in place of an Acquittance, he ought to conclude judgement if action, but if he avoid that, for that it is ra|ced or interlined, there it &s;hall be concluded not his deed, for where a Deed is void, he ought to conclude not his Deed, and where voidable, or matter in Law, judgment if action, 1 <HI>H.</HI> 7 <HI>f.</HI> 14.</P>
<P>Debt upon Obligation, to &s;ay he is a man unlearned, and this was read to him to be with Condition, and &s;o this Obligation being &s;ingle, is not his Deed, 7 <HI>Ed.</HI> 4.
<PB N="435" REF="220"><HI>fol.</HI> 5. 15 <HI>Ed.</HI> 4. <HI>fol.</HI> 17. 16 <HI>Ed.</HI> 4. <HI>f.</HI> 1. the &s;ame, 9 <HI>H.</HI> 5. <HI>f.</HI> 15. and 3 <HI>H.</HI> 6. <HI>fol.</HI> 52.</P>
<P>Debt upon a Lea&s;e, to plead payment in another Coun|ty, or levyed by Di&s;tre&s;&s;e, without concluding, (and &s;o he ows him nothing) is good, 9 <HI>Ed.</HI> 4. <HI>fol.</HI> 57.3 <HI>H.</HI> 7. <HI>fol.</HI> 3. and 33 H. 6. <HI>f.</HI> 4. the &s;ame; but levied by Di&s;tre&s;&s;e or pay|ment in the &s;ame County, is not good without conclu|ding, (and &s;o he owes him nothing.)</P>
<P>Debt for Wages upon a Bargain, to plead payment in the &s;ame County, and conclude, and &s;o he oweth him nothing, is good, 40 <HI>Ed.</HI> 3. <HI>fol.</HI> 24.</P>
<P>Debt upon a Lea&s;e by Indenture, for the defendant to plead payment in the &s;ame County, it is no Plea with|out concluding, and &s;o he oweth him nothing to the point of the Writ, 1 H. 5. <HI>fol.</HI> 6.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where he ought to conclude, and &s;o not his Deed.</HEAD>
<P>DEbt upon a &s;ingle Obligation, the Defendant &s;aith, that he is a man unlearned, and this was read to him, with a Condition, and &s;o not his deed, 1 <HI>H.</HI> 6. <HI>fol.</HI></P>
<P>3 H. 6. <HI>fol.</HI> 38. Debt by a Husband and his Wife, of an Obligation made to them, the defendant being Exe|cutor, <HI>J.S.</HI> pleads Relea&s;e of the Husband made to him, and the Relea&s;e was of all actions, and demands, as Executor, and all actions per&s;onalls, and other de|mands, and the Plaintiffe &s;aith, that he is a man not learned, and it was read for Actions, as Executor, and &s;o not his deed, and good, See 3 H. 7. <HI>fol.</HI> 5. and 19 H. 8.</P>
<P>1 H. 7. <HI>fol.</HI> 14. If the defendant confe&s;&s;e, that once by his own Plea his deed, he cannot afterwards conclude, and &s;o not his deed: As if an Infant makes a deed, or a man by con&s;traint, if he plead the&s;e matters to avoid that, he cannot conclude (and &s;o not his deed) but where an Obligation is void, he ought to conclude, and &s;o not his deed: as where an Obligation is made by a married Wife, or a deed raced or interlined, 1 <HI>Ed.</HI> 3. <HI>fol.</HI> 5. the &s;ame.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="436" REF="221">
<HEAD>Where he ought to conclude according to his matter pleaded.</HEAD>
<P><HI>LIttleton, f.</HI> 39 Six manner of men are, again&s;t which if they &s;ue Actions, Judgement may be demanded, if they &s;hall be an&s;wered in the Conclu&s;ion of his Plea; and fir&s;t, if he &s;ay, that the Plaintiff is his Villain, he &s;hall &s;ay Judgement if he &s;hall be an&s;wered; &s;econd, is outlawed; third, is a &s;tranger born; fourth, is one attaint in a <HI>Pre|munire;</HI> fifth, is profe&s;&s;ed in Religion; &s;ixth, is excom|municated: the Defendant may plead the&s;e, and demand Judgement, if the Plaintiff &s;hall be an&s;wered.</P>
<P>34 <HI>H.</HI> 6. <HI>fol.</HI> 9 If the Tenant plead Joint-tenancy, or other Plea in Abatement, he ought to conclude, Judge|ment of the Writ; and where one pleads in Barr, he ought there to conclude Judgement if Action.</P>
<P>49 <HI>Ed.</HI> 3. <HI>f.</HI> 24 Account of Receit in <HI>C.</HI> the Defendant &s;aith, that <HI>C.</HI> is within the five Ports; Judgement if the Court will acknowledge it, and &s;o alwayes to the Juri&s;|diction, that is Conclu&s;ion as Par&s;on &s;ue for Tithes, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>In divers Ca&s;es they ought to conclude in the Negative, where &s;o to the Affirmative pleads that his Plea is but as an Argument, and not full An&s;wer, and al&s;o to make the matter in Law plain.</HEAD>
<P><HI>SCire facias</HI> again&s;t a Par&s;on of Ar<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">erages of an Annuity; the Defendant pleads, that before the Writ purcha&s;ed he re&s;igned, and &s;o not Par&s;on, and it is good, 7 <HI>Ed.</HI> 4. <HI>fol.</HI> 16</P>
<P>10 <HI>H.</HI> 7. <HI>f.</HI> 4 Said in Debt upon a Lea&s;e for the Rent behinde, if the Defendant pleads Payment in another County, this is good without concluding, (and &s;o he owes him nothing, <HI>&amp;c.</HI>) But if he plead Payment in the &s;ame County, it is no Plea without concluding, and &s;o he owes him nothing; 9 <HI>Ed.</HI> 4. <HI>f.</HI> the la&s;t.</P>
<P>9 <HI>Ed.</HI> 4. <HI>fol.</HI> 15 Debt again&s;t Executor which pleads that <HI>J. S.</HI> recovered again&s;t them an hundred pounds, and had Execution, and they have nothing come to their hands be&s;ides that: the Plaintiff &s;aith, the Te&s;tator did owe no|thing to <HI>J. S.</HI> and &s;o the Recovery fal&s;e and feigned.</P>
<P>21 <HI>Ed.</HI> 4. <HI>f.</HI> 71 Dower, the Tenant &s;aith, that the Hu&s;|band
<PB N="437" REF="221">was not &s;ei&s;ed, that &s;he could have Dower, <HI>&amp;c.</HI> The Plaintif &s;aith, that <HI>T.</HI> the Father of her Husband died &s;ei&s;ed, and that de&s;cended to her Husband which died before En|try, and &s;o he died &s;ei&s;ed, and in <HI>Formedon</HI> of Lands reco|vered in value, he ought to conclude, and &s;o gave.</P>
<P>19 <HI>H.</HI> 8. <HI>fol.</HI> 6 Right of Ward, and counts that the An|ce&s;tor of the Infant died in his Homage; the Defendant &s;aith, that he held of him in Socage, without that, that he died in his Homage: the Plaintiff &s;aith, that <HI>J. S.</HI> and <HI>D.</HI> were &s;ei&s;ed to the u&s;e of the Ance&s;tor of the Infant, and &s;o the Ance&s;tor died in his Homage.</P>
<P>12 <HI>H.</HI> 7. <HI>f.</HI> 7 Where the matter before the (So) is &s;ufficient Barr, there the (So) &s;hall not be entered, as in Tre&s;pa&s;&s;e or A&s;&s;i&s;e, the Tenant ju&s;tifies, and &s;o not guilty.</P>
<P>32 <HI>H.</HI> 6. <HI>fol.</HI> 16 Where the matter before the (So) is matter of Barr, and &s;ufficient, there the matter after the (So) is not traver&s;able, and contrary if not &s;ufficient.</P>
<P>5 <HI>Ed.</HI> 4. <HI>fol.</HI> 5 Debt upon an Obligation for Bail, and is named Sheriff, the Defendant ought to plead that, and conclude, and &s;o not his Deed, but not generally, it is not his Deed.</P>
<P>19 <HI>H.</HI> 8. <HI>fol.</HI> 7 <HI>Juris utrum,</HI> the Tenant &s;aith, that his Fa|ther was &s;ei&s;ed, and died &s;ei&s;ed, and the afore&s;aid Plaintiff abated, and he recovered, and &s;o his Lay Fee, and not the frank Gift of the Plaintiff.</P>
<P>38 <HI>H.</HI> 8. <HI>fol.</HI> 26 Debt upon an Obligation, Defendant pleads divers matters, and concludes, and &s;o not his Deed, and this Conclu&s;ion hath made this &s;ingle: 3 <HI>H.</HI> 6. <HI>f.</HI> 3</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Of his own Wrong.</HEAD>
<DIV3 TYPE="section">
<HEAD>Where of his own Wrong is good, and where not.</HEAD>
<P>REplegeare, the Defendant avowes as Bailiff, for that a Prior held of his Mannour by Fealty and Rent, the Plaintiff &s;aith of his own wrong, without &s;uch cau&s;e, it is no Plea, for here he ought to an&s;wer the &s;ub&s;tance, which is material, that is to &s;ay, the Lord&s;hip: 2 <HI>H.</HI> 5. <HI>f.</HI> 1</P>
<P>Where one iu&s;tifies by a Lea&s;e made to him by the Plain|tiff, of his own wrong, is no Plea, otherwi&s;e it is, where he|iu&s;tifies a Servant of a Le&s;&s;ee: 10 <HI>H.</HI> 4. <HI>f.</HI> 3.</P>
<P>If the Defendant ju&s;tifie by licence, or commande|ment of the Plaintiff, the Plaintiff &s;hall not &s;ay of his own wrong, without &s;uch cau&s;e, not if parcell be of Re|cord,
<PB N="438" REF="222">for the&s;e ought to be an&s;wered &s;pecially: 12 <HI>Ed.</HI> 4. <HI>fol.</HI> 10</P>
<P>Tre&s;pa&s;&s;e of Impri&s;onment, the Defendant ju&s;tifies, for that he is Con&s;table, and was a&s;&s;aulted by him, and broke the Peace, the Plaintiff may here &s;ay, of his own wrong, without &s;uch cau&s;e, for that, that no Record was alleadged: 5 <HI>H.</HI> 7. <HI>f.</HI> 6</P>
<P>Tre&s;pa&s;&s;e of Battery, the Defendant &s;aith, of his own A&s;&s;ault: the Plaintiff &s;aith, of his own wrong, without &s;uch cau&s;e, and this is good: 5 <HI>H.</HI> 7. <HI>f.</HI> 1</P>
<P>Tre&s;pa&s;&s;e, where one ju&s;tifies as Servant by command, that he arre&s;ted the Plaintif, or that he came at the reque&s;t of the Sergeant, <HI>&amp;c.</HI> of his own wrong without &s;uch cau&s;e, is no Plea: 2 <HI>Ed.</HI> 4. <HI>f.</HI> 6 See 9 <HI>Ed.</HI> 4. <HI>f.</HI> 31</P>
<P>If the Defendant plead licence, or a Lea&s;e of the Plain|tiff, of his own wrong, is no plea: 20 <HI>Ed.</HI> 4. <HI>f.</HI> 4 21 E. 4. <HI>f.</HI> 76 10 <HI>H.</HI> 6. <HI>f.</HI> 3 <HI>&amp; f</HI> 9 the &s;ame.</P>
<P>Where a Sheriff ju&s;tifies to make Execution, of his own wrong, is no plea, otherwi&s;e it is where he ju&s;tifies as Bai|liff by command of the Sheriff: 19 H. 6.</P>
<P>Tre&s;pa&s;&s;e of Battery, Defendant &s;aith, that the plaintiff beat one <HI>W.</HI> to death, and the Con&s;table came to arre&s;t him, and he &s;tood at defiance, by which the Defendant came in aid, and the hurt which he had was of his own A&s;|&s;ault, the plaintiff &s;aith of his own wrong, without any &s;uch cau&s;e, and good: 38 E. 3. <HI>f.</HI> 9</P>
<P>Tre&s;pa&s;&s;e of Gra&s;&s;e out, the Defendant ju&s;tifies as Par|&s;on of the Pari&s;h, and that he took them as Tithes &s;epara|ted from the ninth part, the Plaintiff &s;aith, of his own wrong, without &s;uch cau&s;e, and it &s;eems it is no Plea, and then the Plaintiff replied as above, without that, that they were &s;evered from the ninth part, and good: 16 E. 4. <HI>fol.</HI> 4</P>
<P>9 E. 4. <HI>f.</HI> 27 Tre&s;pa&s;&s;e, the Defendant ju&s;tifies the Im|pri&s;onment, for that, that the Plaintiff a&s;&s;aulted <HI>J. N.</HI> to have robbed him, for which he put him in the Stocks, of his own wrong, <HI>&amp;c.</HI> is good.</P>
<P>41 E. 3. <HI>f.</HI> 29 Tre&s;pa&s;&s;e, the Defendant ju&s;tifies, for that Attachment was awarded out of the Court Baron, to the Bailiff, to attach a Hor&s;e upon a Plaint entered there by him, and that he came in aid of the Bailiff: the Plaintiff &s;aith, of his own wrong, without &s;uch cau&s;e, and this is good.</P>
<P><PB N="439" REF="222">38 E. 3. <HI>f.</HI> 3 Replegeare of Bea&s;ts taken, the defendant ju&s;tifies for Execution of a Recovery in Court Baron of twenty &s;hillings, the Plaintiff &s;aith of his own wrong, with|out &s;uch cau&s;e, and held that he &s;hall not have this gene|ral Averment, again&s;t a &s;peciall matter, by which he &s;aid, that the Bea&s;ts were not delivered in Execution.</P>
<P>14 H. 8. <HI>f.</HI> 18 Fal&s;e Impri&s;onment, the Defendant iu&s;ti|fies the Arre&s;t of the Plaintiff by a Warrant of a Ju&s;tice of the Peace, where the truth was, that when he was ar|re&s;ted he had no Warrant, but after had a Warrant di|rected to him, the Plaintiff may &s;ay of his own wrong, without that, that he hath any &s;uch Warrant, and gives the matter in Evidence.</P>
<P>2 E. 4. <HI>f.</HI> 9 Fal&s;e Impri&s;onment, the Defendant iu&s;tifies, that he took the Plaintiff wandring in the night for &s;u&s;pi|tion, &amp;c. The Plaintiff may &s;ay, of his own wrong, without &s;uch cau&s;e, but he cannot &s;ay of his own wrong, without that that he was wandring, for he cannot traver&s;e the &s;pe|ciall matter, but where it is a matter of Record, or of wri|ting, and not where it is a matter in deed.</P>
<P>13 <HI>R.</HI> 2. <HI>Tit.</HI> 28. <HI>Re&s;cous,</HI> the Defendant iu&s;tifies to make Replevin by Warrant of the Sheriff, the Plaintiff &s;aith, of his own wrong, without &s;uch cau&s;e, and it is not allowed, again&s;t this &s;pecial matter, but of his own wrong, without that, that he had a Warrant of the Sheriff at the time of the delivering of the Di&s;tre&s;&s;e, &amp;c.</P>
<P>33 H 6. <HI>f.</HI> 47 Tre&s;pa&s;&s;e of Goods taken in the County of <HI>Darby,</HI> the Defendant &s;aith, that the Plaintiff fold them to <HI>J. S.</HI> in the County of <HI>Middle&s;ex,</HI> and he by his com|mandement took them, the Plaintif &s;aith of his own wrong, without that, that <HI>J. S.</HI> commanded him in manner and form, and is good.</P>
<P>22 <HI>Book of A&s;&s;.</HI> 57 The Defendant iu&s;tifies as under the E&s;chea<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">or, for that Tenant of the King aliened without licence, and &s;hews a Commi&s;&s;ion, and the Plaintiff &s;aith of his own wrong, without &s;uch cau&s;e, and is good.</P>
<P>8 <HI>H.</HI> 6 <HI>fol.</HI> 34 Tre&s;pa&s;&s;e of Gra&s;&s;e cut, the Defendant &s;aith, that the place where, &amp;c. was the Free-hold of his Ma&s;ter, by which, by his commandement he entered, and made the Tre&s;pa&s;&s;e, the Plaintiff &s;aith, of his own wrong, without &s;uch cau&s;e, and is good: but if the Ma&s;ter him&s;elf had been party, and had pleaded his Free-hold, of his own wrong, &amp;c. had been no Plea.</P>
<P><PB N="440" REF="223">28 <HI>Ed.</HI> 3. <HI>fol.</HI> 58. Tre&s;pa&s;&s;e of goods taken, the de|fendant ju&s;tifies by the commandement of his Ma&s;ter, for that, that the Plaintiffe is his Villain, the Plaintif &s;aith of his own wrong, and is no Plea without an&s;wering to the Villainage.</P>
<P>10 H. 6. <HI>f.</HI> 3. Tre&s;pa&s;&s;e of two Hor&s;es taken, the de|fendant &s;aith, that he let to the Plaintif Land, rendring the Rent of twenty Shillings, and for this Rent behind, he entered, and took the hor&s;es, and the Plaintif &s;aith of his own wrong, without &s;uch cau&s;e, and by <HI>Cote&s;more</HI> it is no Plea, but he ought to an&s;wer to the &s;peciall mat|ter, as to &s;ay of his own wrong, without that, that any Rent was behind, 21 <HI>Ed.</HI> 4. <HI>f.</HI> 64.</P>
<P>42 <HI>Ed.</HI> 3. <HI>f.</HI> 2. Tre&s;pa&s;&s;e, for cha&s;ing in his free Cha&s;e, the defendant pleads licen&s;e of the Plaintif to hunt there, the Plaintif &s;aith, of his own wrong, without &s;uch cau&s;e, Inquire of this I&s;&s;ue.</P>
<P>16 H. 7. <HI>fol.</HI> 3. Tre&s;pa&s;&s;e of goods taken, where the defendant conveys his title from the Plaintif, there the Plaintif by replication may &s;ay, of his own wrong, with|out &s;uch cau&s;e, 9 <HI>Ed.</HI> 4. <HI>fol.</HI> 41. the &s;ame.</P>
<P>9 <HI>Ed.</HI> 4. <HI>fol.</HI> 43. Tre&s;pa&s;&s;e of a bag with money, the de|fendant &s;aith, that the Plaintif was indebted to him in a certain &s;umme, and delivered that unto him to content him, the Plaintif &s;aith, of his own wrong, without &s;uch cau&s;e, and it is no Plea, for that, that he conveys from the Plaintif him&s;elf.</P>
<P>10 <HI>H.</HI> 6. <HI>fol.</HI> 9. Tre&s;pa&s;&s;e, for entring into his Pigeon|hou&s;e, and taking of Pigeons, the defendant pleads that the Plaintif gave him leave to take them, the plaintif may &s;ay of his own wrong, without that he gave him leave, 20 <HI>Ed.</HI> 4. <HI>fol.</HI> 4.</P>
<P>21 <HI>Ed.</HI> 4. <HI>fol.</HI> 76. Where the defendant conveys from the Plaintiffe, or his Ance&s;tor, or that it is his Free|hold, the&s;e &s;hall be an&s;wered, and there of his own wrong, without &s;uch cau&s;e generall, is no good replica|tion.</P>
<P>44 <HI>Ed.</HI> 3. <HI>f.</HI> 13. Tre&s;pa&s;&s;e, the defendant ju&s;tifies for <HI>Har|riot,</HI> the Plaintiffe &s;aith of his own wrong, without &s;uch cau&s;e, the I&s;&s;ue was taken upon that 38 <HI>Ed.</HI> 3. <HI>fol.</HI> 7. the &s;ame.</P>
<P>44 <HI>Ed.</HI> 3. <HI>fol.</HI> 18. Tre&s;pa&s;&s;e, the defendant ju&s;tifies, for
<PB N="441" REF="223">that, that the Plaintiffe was in VVard to the Prince, and he &s;ei&s;ed him, and granted the VVard to him, by which he entered and occupied, the Plaintiffe &s;aith, of his own wrong, without &s;uch cau&s;e, and it is no Plea by the Court, but he ought to an&s;wer to the &s;peciall matter, by which the I&s;&s;ue was taken that he held in Socage, and not in Knights Service, See 22 <HI>Book of A&s;&s;i&s;es,</HI> 56. 41. <HI>Book of A&s;&s;i&s;es,</HI> 21. and 12 <HI>Ed.</HI> 4. <HI>fol.</HI> 10.</P>
<P>14 H. 4. <HI>fol.</HI> 32. Tre&s;pa&s;&s;e of his Servant taken, the defendant ju&s;tifies, for that the father of him, which is &s;aid to be Servant, held of <HI>J.S.</HI> in Knights Service, and that he died, and the Land di&s;cended to the Infant called Servant, being within age, and that the defendant by the commandement of the &s;aid <HI>J.S.</HI> &s;ei&s;ed him, the plaintif &s;aith, of his own wrong, without &s;uch cau&s;e, and by <HI>Cheney,</HI> and <HI>Hull,</HI> for that, that the defendant hath al|ledged &s;peciall matter, that is, Tenure, in Knights Ser|vice, the plaintif ought to an&s;wer to the &s;peciall matter, and this is no plea, See 22 <HI>Book of A&s;&s;i&s;es</HI> 85.</P>
<P>33 <HI>H.</HI> 6. <HI>fol.</HI> 29 Tre&s;pa&s;&s;e, where the defendant ju&s;ti|fies by the Kings patent of of his own wrong, <HI>&amp;c.</HI> is no plea.</P>
<P>9 <HI>Ed.</HI> 4. <HI>fol.</HI> 22. Tre&s;pa&s;&s;e, where the defendant ju|&s;tifies by wreck by pre&s;cription, the plaintif &s;aith, of his own wrong, without that, that it was a wreck, and good.</P>
<P>5 <HI>H.</HI> 7. <HI>fol.</HI> 9. Tre&s;pa&s;&s;e, the defendant ju&s;tifies by cu|&s;tome of foldage by pre&s;cription, of all Sheep which pa|&s;ture in &s;uch a Common, the plaintif there &s;aith, of his own wrong, without &s;uch cau&s;e.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where a double Plea &s;hall not be &s;uffered, and where it &s;hall.</HEAD>
<P>PRior brought a <HI>Quare impedit,</HI> and counts that his predece&s;&s;or was &s;ei&s;ed and pre&s;ented, and the King &s;ei|&s;ed his temporalties becau&s;e of VVarre, and pre&s;ented, and now it is void, and it belongeth to him to pre&s;ent, and it is not double, 40 <HI>Ed.</HI> 3. <HI>f.</HI> 10.</P>
<P>But in <HI>Quare impedit,</HI> and counts of divers pre&s;ent|ments in his Ance&s;tors, this is double, 1 <HI>H.</HI> 5. <HI>fol.</HI> 1.</P>
<P><HI>Quare Impedit,</HI> by Tenant in Tail, and alledgeth a
<PB N="442" REF="224">Pre&s;entment in the Donor, and another in the Donee, this is not double, for the Gift is traver&s;able; but if he al|leadge Pre&s;entment in the Feoffor, and another in the Feoffee, this is double: 4 <HI>Ed.</HI> 4. <HI>f.</HI> 3</P>
<P>Debt again&s;t Executors, to plead fully admini&s;tred, and &s;o nothing in their hands, is not double, for one An|&s;wer makes an end of all, that is, that they have A&s;&s;ets, 3 H. 6. <HI>f.</HI> 3</P>
<P>Debt upon Obligation, and pleads Payment, and De|livery of the Obligation in place of an Acquittance, it is not double, for one An&s;wer &s;hall be for all: 1 H. 7. <HI>fol.</HI> 15 and al&s;o it is no Plea.</P>
<P>Tre&s;pa&s;&s;e, the Defendant pleads Gift in Tail, and di|vers Di&s;cents, and it is not double, for the Gift is onely traver&s;able: 19 <HI>Ed.</HI> 4. <HI>f.</HI> 4</P>
<P>Ba&s;tardy is pleaded to ten Acres, and Relea&s;e of all Actions, and that is double: 10 H. 6. <HI>f.</HI> 20</P>
<P>Non-tenure is pleaded to part, and Ba&s;tardy to the re&s;t; and this is double: 43 E. 3. <HI>fol.</HI> 29 <HI>B.</HI> Inquire 33 H. 6. <HI>f.</HI> 20 <HI>&amp;</HI> 40 E. 3. <HI>f.</HI> 21</P>
<P>Dower, the Tenant may plead Joint-tenancy of part, and that &s;he detains Writings for the re&s;t, which goes to all, and it is not double: 33 H. 6. <HI>f.</HI> 57 <HI>&amp;</HI> 40 E. 3. <HI>f.</HI> 31</P>
<P>A&s;&s;i&s;e of a Mannour, the Defendant pleads a Fine of one halfe to <HI>J. S.</HI> who&s;e E&s;tate he hath, and to the other halfe, pleads a Relea&s;e of the Father of the Demandant, with Warranty, and demands Judgement, if again&s;t Warranty, A&s;&s;i&s;e ought to have been of that Moity, and it is not double, for this goes but to the Moity, and is not, <HI>&amp;c.</HI> 37 H. 6. <HI>f.</HI> 24</P>
<P>Debt upon an Obligation, that he was a Lay man un|learned, and the Day of Payment was read to be at ano|ther Day, and that it was delivered as an E&s;crow upon condition, that if others &s;ealed, <HI>&amp;c.</HI> and the others did not &s;eal, and &s;o not his Deed, this Conclu&s;ion hath made that &s;ingle: 38 H. 6. <HI>f.</HI> 26</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="443" REF="224">
<HEAD>Intendments.</HEAD>
<DIV3 TYPE="section">
<HEAD>Pleas good by Intendment, and how.</HEAD>
<P>INformation for Liveries, it is &s;hewed that Cloth was gi|ven at <HI>D.</HI> but not how it was u&s;ed, and it &s;hall be intend|ed there, and good: and Tre&s;pa&s;&s;e, he broke his Clo&s;e at <HI>D.</HI> and made an Entry, and &s;hall be intended to be there: 5 <HI>H.</HI> 7. <HI>f.</HI> 18</P>
<P>Appeal of Rape, (is <HI>Rapuit</HI>) and though it be not, fello|niou&s;&s;y <HI>rapuit,</HI> it &s;hall be intended: 1 <HI>H.</HI> 6. <HI>f.</HI> 1</P>
<P>Wa&s;te again&s;t <HI>Beatrix,</HI> which was the Wife of the Earle of <HI>Arundell,</HI> though that &s;he were not named Counte&s;&s;e, it is good, and &s;hall be intended Counte&s;&s;e: 2 H. 6. <HI>f.</HI> 11</P>
<P>Debt and Counts upon Indenture, that the elde&s;t Son ought to marry <HI>K.</HI> and if he died before carnal knowledge, then that the younge&s;t &s;hould marry her, if the Eccle&s;ia&s;ti|cal Law would permit it, and Counts that he purcha&s;ed a Di&s;pen&s;ation, and required him to marry her, and he refu|&s;ed, and though he do not &s;hew if the Reque&s;t to marry <HI>K.</HI> was before noon or not, nor if <HI>K.</HI> were alive at the time of the Reque&s;t, it is good, and &s;hall be intended: 12 H. 8. <HI>f.</HI> 6</P>
<P>Tre&s;pa&s;&s;e, one iu&s;tifies as Servant of <HI>J. S.</HI> and though he do not &s;ay, and by his commandement, it is good, and &s;hall be intended: 13 H. 7. <HI>f.</HI> 13</P>
<P>If one plead a Deed dated at <HI>D.</HI> it &s;hall be intended delivered there: 1 H. 6. <HI>f.</HI> 3</P>
<P>Wa&s;te by the Priore&s;&s;e of the Hou&s;e and Church of <HI>C.</HI> the Writ was to the di&s;-inheriting of the Priore&s;&s;e of the Hou&s;e and Church of <HI>C.</HI> (leaving out <HI>praedict.</HI>) but it &s;hall be intended: 10 H. 7. <HI>f.</HI> 5</P>
<P>Annuity is Grant, provided that he be of hone&s;t con|ver&s;ation, and the Grantee pleads in Action, that he was of hone&s;t conver&s;ation, and that he doth not &s;ay alwayes after the Grant, it &s;hall be intended to be of hone&s;t con|ver&s;ation, for every one &s;hall be intended to be of hone&s;t conver&s;ation, till the contrary be &s;hewed: 22 <HI>Ed.</HI> 4. <HI>fol.</HI> 28</P>
<P><PB N="444" REF="225">Divers pleadings &s;hall be good by intendment, as in action again&s;t the Sherif for imbezzilling a Writ, and doth not &s;ay that he was Sherif at the time of the imbezzilling, but it &s;hall be intended, 22 <HI>Ed.</HI> 4. <HI>b. Tit.</HI> Pleading, 109.</P>
<P>If one plead that one <HI>John Pur<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">bote,</HI> Ma&s;ter of the Colledge, and his fellow brethren were &s;ei&s;ed in Fee, that &s;hall be intended in Right of their Colledge, for it hath but one intendment, <HI>Plowd. Com. fol.</HI> 102. <HI>Fulmer&s;tone.</HI></P>
<P>Entrie upon the Statute of <HI>Rich.</HI> the Defendant &s;aith, that the third part was to <HI>J.S.</HI> and that he entred by his commandement, and doth not &s;ay, whether the third part were &s;evered or not, but it &s;hall be intended &s;ever|ed, and good, 37 <HI>H.</HI> 6.38. and 38 <HI>H.</HI> 6. <HI>fol.</HI> 8. the &s;ame.</P>
<P>Tre&s;pa&s;&s;e of two Coffers taken in <HI>D.</HI> the Defendant &s;aith, that the property was to <HI>J.S.</HI> and gave them at <HI>D.</HI> to him, and though he do not &s;hew how the property was to him, it is good, and &s;hall be intended when the gift was made, 1 <HI>Ed.</HI> 5. <HI>fol.</HI> 3.</P>
<P><HI>Scire &s;acias,</HI> by Sir <HI>T. Chaworth,</HI> Cozen and Heire of one <HI>Hawes,</HI> of a gift by <HI>Hawes</HI> in Tail, and the remain|der in Tail, and counts that the Donee, and he in re|mainder are dead, without heire of their bodies, and that to him ought to revert as Cozen and Heire of <HI>Hawes,</HI> and though he do not &s;ay, that <HI>Hawes</HI> is dead, it &s;hall be intended, for otherwi&s;e it cannot revert to him, as Cou|zen, <HI>&amp;c.</HI> 33 <HI>H.</HI> 6. <HI>fol.</HI> 54.</P>
<P>Where one avoweth, and &s;aith he was &s;ei&s;ed by the hands of one <HI>J.S.</HI> his Tenant, and though he do not &s;ay, then his Tenant, it &s;hall be intended, 34 <HI>H.</HI> 6. <HI>fol.</HI> 8.</P>
<P>14 <HI>H.</HI> 8. <HI>fol.</HI> 12. Wa&s;t again&s;t <HI>P.</HI> which he held for Term of years, and Counts, that in the tenth year of <HI>H.</HI> 7. the Plaintiffe let to <HI>P.</HI> for Term of one year, and from and &s;o from year to year, &s;o long as both parties were plea&s;ed, (by vertue of which) he was po&s;&s;e&s;&s;ed and occupied by 24 years, and now it is thirty years, from the 10. of <HI>H.</HI> 7. and where the Count is (by vertue of which) he occupied by 24 years, by implication it &s;hall be intended, and no more, and it &s;hall be (which he held) and not which he doth hold.</P>
<P><HI>Plowd. Com. fol.</HI> 409. Where <HI>H.C.</HI> devi&s;ed, <HI>&amp;c.</HI> that none of his Sons &s;hould alien, and it is pleaded that <HI>H.C.</HI> hath I&s;&s;ue <HI>J.</HI> and <HI>F.</HI> that &s;hal not be intended that he hath more, till the contrary be &s;hewed of the other party.</P>
<P><PB N="445" REF="225">12 H. 8. <HI>fol.</HI> 3. Tre&s;pa&s;&s;e, why he beat his Servant, and took away a dog called a Blood Hound, and though he do not count that he might &s;pend forty Shillings, it &s;hall be intended, that he might, till the contrary be &s;hewed.</P>
<P>9 <HI>H.</HI> 6. <HI>fol.</HI> 10. Debt, and Counts of a Lea&s;e, by the Plaintiffe, and <HI>E.</HI> late his Wife, and though he do not count that &s;he is dead, it &s;hall be intended.</P>
<P>20 <HI>H.</HI> 6. <HI>fol.</HI> 24. Account, and Counts, that the Defen|dant was his Receiver, at &s;uch a day, untill the Fea&s;t of Saint <HI>Michael,</HI> and it is not <HI>Michael</HI> the Archangell, nor <HI>Michvel in Tumba,</HI> and it &s;hall be intended <HI>Michael</HI> the Archangell, and good.</P>
<P>8 <HI>H.</HI> 5. <HI>f.</HI> 4. <HI>Quare impedit,</HI> by the Husband and his Wife, and counts that they were &s;ei&s;ed of a Mannour, in Right of his VVife, to which an Advow&s;on was appen|dant, and though he doth not &s;hew what E&s;tate, it &s;hall be intended the be&s;t E&s;tate, Fee Simple.</P>
<P>36 <HI>H.</HI> 7. <HI>fol.</HI> 3. Tre&s;pa&s;&s;e and Counts of a&s;&s;ault at <HI>D.</HI> and gave &s;o many threatnings, that about his bu&s;ine&s;&s;e, <HI>&amp;c.</HI> and doth not &s;hew where, and &s;hall be intended at <HI>D.</HI> and good.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Plea good by Intendment till contrary be &s;hewed.</HEAD>
<P><HI>PLowd. Com. fol.</HI> 74. <HI>A&s;&s;i&s;e. Wimbi&s;he, Venire facias,</HI> directed to the Coroners, which &s;urmi&s;e in the end, that the Sheriffe is Cozen, and the A&s;&s;i&s;e to the Coro|ners is al&s;o (except <HI>Cur&s;on</HI> his Cozen) and it is good, and &s;hall be intended Cozen of the whole blood, till the con|trary be &s;hewed by the Defendant.</P>
<P>19 <HI>H.</HI> 8. <HI>f.</HI> 11. Tre&s;pa&s;s, Defendant &s;aith that <HI>B.</HI> was &s;ei&s;ed in Fee, and died &s;ei&s;ed, and that de&s;cended to him as Co|zen and next Heire, that is, Sonne of <HI>N.</HI> Si&s;ter of <HI>B.</HI> Plain|tiffe &s;aith, that <HI>B.</HI> had I&s;&s;ue 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 &s;hall not be intended, till it be &s;hewed of the other part.</P>
<P><HI>Plowd. Com. f.</HI> 103. <HI>Fulmer<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">one,</HI> Tre&s;pa&s;&s;e, Defendant &s;aith, that in the thirtieth yeare of <HI>H:</HI> 8. that <HI>W.</HI> Ma&s;ter of <HI>Ru&s;hworth,</HI> and his fellow brethren, let to him an
<PB N="446" REF="226">an hundred Acres, parcell of the Mannor of <HI>E.</HI> for fifty yeares: Plaintiff &s;aith, That before that is in the yeare, <HI>&amp;c. J. P.</HI> Ma&s;ter, and his fellow brethren, let to the Defendant the Mannor of <HI>E.</HI> except a Tenement late <HI>Lar|gentine,</HI> for &s;ixty yeares, and that by the Statute of 31 <HI>H.</HI> 8. for that, that the fir&s;t Lea&s;e was in being, the &s;econd was voyd, and though that by Replication he doth not &s;hew that <HI>J. P.</HI> the Ma&s;ter was &s;ei&s;ed in right of the Colledge, it &s;hall be intended till contrary be &s;hewed.</P>
<P><HI>Plowdens Commentaries, fol.</HI> 26. <HI>Colthir&s;t,</HI> Barr is good to common intent, though it be not good to every &s;peciall intent, yet where parcell of the &s;ub&s;tance is left out, it is not good: It is good to common intent, where &s;uch in|tent is not indifferent; but is &s;uch intent which hath more &s;tronger pre&s;umption, then any other intent hath.</P>
<P>3 <HI>Edw.</HI> 2. <HI>tit. E&s;cheat</HI> 8. And counts that his Tenant committed Felony, by which hee was attaint, and the Count was challenged, for that, that he doth not &s;ay, for what Felony, and yet good; for it is not materiall for what Felony it was.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Generall I&s;&s;ue.</HEAD>
<P>TRe&s;pa&s;&s;e upon the Statute of <HI>Richard,</HI> the Defendant pleads his free-hold, and it is not generall I&s;&s;ue in this, but it is good in Tre&s;pa&s;&s;e, Ravi&s;hment, not guilty is the generall I&s;&s;ue, and in maintenance, not culpable, 2 <HI>Ed.</HI> 4. <HI>fol.</HI> 6.</P>
<P>Action upon the Statute of Liveries, &s;ayd that not guil|ty is no plea, but that he gave not the Liveries, is good; and in Maintenance &s;aith, that not guilty is no Plea, but that he did not maintaine; yet inquire, 8 <HI>H.</HI> 6. <HI>f.</HI> 36. <HI>b.</HI></P>
<P>Debt upon a matter of Record, he oweth him nothing, is no Plea, but in Maintenance not guilty, or he did not maintaine, is good, and in forging of Deeds not guilty is good, 12 H. 7. <HI>fol.</HI> 14.</P>
<P>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 <HI>H.</HI> 7.14.</P>
<P>Forcible entry, not guilty is good, 14 <HI>H.</HI> 6. <HI>fol.</HI> 16. <HI>Eitzh.</HI> 249. <HI>D.</HI></P>
<P><PB N="447" REF="226">Tre&s;pa&s;&s;e of Goods taken, the Defendant &s;aith, that the property of the&s;e was to <HI>J. S.</HI> which gave them to him, without that, that he tooke Goods of the Plaintiffe, and this amounts to not guilty, and by the Court ad|judged that nothing &s;hall be entred, but not guilty, and &s;hall give that matter in evidence, 9 <HI>H.</HI> 6. <HI>fol.</HI> 11.</P>
<P>A&s;&s;i&s;e, the Tenant cannot plead Feoffment of the Plaintiff made to him, for that amounts to a general I&s;&s;ue, and the general I&s;&s;ue no wrong &s;hall be entered: 2 H. 4. <HI>f.</HI> 20 <HI>&amp;</HI> 43 <HI>Book of A&s;&s;.</HI> 41</P>
<P><HI>Praemunire,</HI> of that, that the Defendant drawes him out of the Realm in Plea, whereof Conu&s;ance to the King belongs, the Defendant &s;aith, that he was Executor to <HI>J. S.</HI> and &s;ued in Court of Audience to prove the Will, and for that he could not have Right there, he appealed to <HI>Rome,</HI> and nothing &s;hall be entered but the general I&s;|&s;ue: 2 <HI>R.</HI> 3. <HI>f.</HI> 18</P>
<P>Tre&s;pa&s;&s;e of Goods, for the Defendant to &s;ay, that the place is his Free-hold, and he took them doing Damage, it is no Plea, but he ought to tell the certainty of the Land, but of Tre&s;pa&s;&s;e in Land his Free-hold is good: 5 H. 7. <HI>f.</HI> 28 <HI>B.</HI></P>
<P>See <HI>Brook</HI> Title <HI>General I&s;&s;ue.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Pleas uncertain.</HEAD>
<DIV3 TYPE="section">
<HEAD>Where it is uncertain in place, and where not.</HEAD>
<P>TRe&s;pa&s;&s;e, for that that the Defendant holds Land of him in <HI>Re&s;eleigh,</HI> by rea&s;on of which he ought to &s;cowre Ditches, and for that he doth not &s;hew where tho&s;e Ditches are, it is not good: 46 <HI>Ed.</HI> 3. <HI>f.</HI> 8</P>
<P>Tre&s;pa&s;&s;e, it is a good Plea to plead, that there was an Arbitrement that he &s;hould pay ten pounds, which he hath paid, without &s;aying, where he hath paid it: 8 H. 6. <HI>fol.</HI> 74</P>
<P>If Surrender or Attornement be pleaded, which is matter in deed traver&s;able, it ought to be &s;hewed where it was made: 18 <HI>Ed.</HI> 4. <HI>f.</HI> 16. <HI>B.</HI></P>
<P>Where one avowes upon a Grant of a Rent-charge made to him, and that one attorned, he ought to &s;hew in what place: 2 <HI>R.</HI> 3. <HI>f.</HI> 13</P>
<P><PB N="448" REF="227">Annuity, the Defendant &s;aith, that he tendered that to him, and for that he doth not &s;hew where, it is not good, for it is matter in deed i&s;&s;uable, which ought to be &s;hewed certain: 9 <HI>H.</HI> 6. <HI>f.</HI> 16</P>
<P>Held, if one plead Arbitrement in Barr, he ought to &s;hew where the Submi&s;&s;ion was made: 9 H 6. <HI>f.</HI> 50</P>
<P><HI>Decies tantum,</HI> for imbracing, and for that he doth not &s;hew where it is not good: 37 H. 6 <HI>f</HI> 31</P>
<P>1 <HI>R.</HI> 3. <HI>f.</HI> 1 Pre&s;entment in the Sheriffs Turn, that <HI>A.</HI> Ab|bot of <HI>D.</HI> had a Tann-hou&s;e, and had tanned Leather in|&s;ufficiently, and that he had &s;old and uttered the &s;ame Leather, contrary to the Statute; and for that he doth not &s;hew in what place it was &s;old and uttered, it is not good; for there is no place upon which the View &s;hall be, and that is material.</P>
<P>3 <HI>Ed.</HI> 4. <HI>fol.</HI> 30 Tre&s;pa&s;&s;e, Defendant pleads Lea&s;e for years, and ought to &s;hew where it was made, for it is tra|ver&s;able.</P>
<P>5 H. 7. <HI>f.</HI> 3 Pre&s;entment, that an Abbot and his Succe&s;|&s;ors u&s;e to clean&s;e a Gutter by the high-way, by rea&s;on of the Tenure of &s;ome of their Land, and this is i&s;&s;uable, for that it ought to be alleadged where the Land is.</P>
<P>Where one avowes for Rent-charge granted to him by Deed, he ought to &s;hew in what County, and where it was granted: 5 E. 4. <HI>f.</HI> 11</P>
<P>If one plead a Lea&s;e made to him for years, he ought to &s;hew where it was made: 5 H. 7. <HI>f.</HI> 24 <HI>&amp;</HI> 3 E. 4. <HI>fo.</HI> 27. <HI>B.</HI> 18 E. 4. <HI>f.</HI> the &s;ame.</P>
<P>Fal&s;e Impri&s;onment, if the Defendant ju&s;tifie the Ar|re&s;t by Precept, he ought to &s;hew where the Precept was made: 14 H. 8. <HI>f.</HI> 18 <HI>&amp;</HI> 21 H. 7. <HI>f.</HI> 73 the &s;ame.</P>
<P>Where the Defendant pleads that <HI>J. S.</HI> hath Goods in divers Dioces, and the Admini&s;tration belong to the Me|tropolitan, if he do not &s;hew in what Town the Goods are, it is not good: 10 H. 7. <HI>f.</HI> 16.</P>
<P>Debt upon Arrerages of Annuity granted to him, till he were promoted to a Benefice, to plead that he took a Wife is not good, if he do not &s;hew where, for it is tra|ver&s;able: 35 H. 6. <HI>f.</HI> 50</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="449" REF="227">
<HEAD>Where the thing is i&s;&s;uable, it ought to be &s;hewed in what place it was.</HEAD>
<P>INformation of Liveries, the Plaintiff ought to count where the Cloth was given, that is, at <HI>D.</HI> 5 H. 7. <HI>f.</HI> 18</P>
<P>12 E. 4. <HI>f.</HI> 11 Tre&s;pa&s;&s;e, Defendant &s;aith, that the place where, <HI>&amp;c.</HI> is the Free-hold of <HI>J. S.</HI> and that he by his commandement entered, he ought to &s;hew where the com|mandement was given, but if he iu&s;tifie as a Servant, and by his commandement, he need not &s;hew where the com|mandement was.</P>
<P>35 H. 6. <HI>fol.</HI> 59 Debt upon Arrerages of Annuity, De|fendant &s;aith, it was granted to the Plaintiff, till he was promoted to a Benefice, and &s;aith, that he was promoted to a Benefice, and ought to &s;hew where, for it is i&s;&s;uable.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Uncertain for Year or Day.</HEAD>
<P>TRe&s;pa&s;&s;e, the Defendant iu&s;tifies, that be entered as Lord, for that, that the Tenant aliened in Mortmain, and for that he doth not &s;hew what Day and Year, it is not good: 7 <HI>H.</HI> 7. <HI>f.</HI> 5</P>
<P><HI>Qnare impedit,</HI> the Defendant &s;aith, that the next Avoi|dance was granted to <HI>J.S.</HI> which died inte&s;tate, and the Ordinary &s;eque&s;tred, and for that that it is not what year he granted, it is not good: 9 <HI>H.</HI> 7. <HI>f.</HI> 23.</P>
<P>Tre&s;pa&s;&s;e of Goods, to plead that in <HI>London</HI> is a Market every day but <HI>Sunday,</HI> and that he bought them on <HI>Friday,</HI> this is good without &s;hewing what year, for the year is not material, by <HI>Choke,</HI> 12 <HI>Ed.</HI> 4. <HI>f.</HI> 1.</P>
<P>A&s;&s;i&s;e, if the Tenant plead that one Plaintiff died after the la&s;t continuance, he ought to &s;hew what day, which may appear: 18 <HI>Ed.</HI> 4. <HI>f.</HI> 13. <HI>B.</HI></P>
<P>E&s;cheat, it is good without counting what day he com|mitted the Felony, for the day is not material, if it be one day or other: 40 <HI>Ed.</HI> 3. <HI>f.</HI> 45.</P>
<P>Debt, and counts that the elde&s;t Son married <HI>K.</HI> and if he died before carnal knowledge, that the younge&s;t &s;hould marry her, if the Eccle&s;ia&s;tical Law would permit, and counts that the elde&s;t married her, and died before carnal knowledge, and that he purcha&s;ed a Di&s;pen&s;ation, and re|quired
<PB N="450" REF="228">the younge&s;t to marry her, and he refu&s;ed, and though he do not &s;hew what day, it is good: 12 <HI>H.</HI> 8. <HI>f.</HI> 6.</P>
<P>A&s;&s;i&s;e brought the &s;ame Day that the Di&s;&s;ei&s;in was made, it &s;hall be intended that the Di&s;&s;ei&s;in was fir&s;t, and that the Writ was brought after the &s;ame day: 4 <HI>H.</HI> 6. <HI>f.</HI> 7.</P>
<P>Re&s;cous, and counts that he di&s;trained for Rent, and doth not &s;hew the dayes of Payment, and for that not good: 8 <HI>H.</HI> 4. <HI>f.</HI> 1.</P>
<P>Obligation of two hundred Markes, and the Condition is to pay one hundred Markes at a day certain, and in Debt the Defendant pleads that he hath paid the hundred Markes, and for that, that there is but a day, which may be according to the Condition, it is not good: 47 <HI>Ed.</HI> 3. <HI>fol.</HI> 13.</P>
<P>Where a day is i&s;&s;uable, it &s;hall be pleaded certain, as one pleads a Lea&s;e made to him for years, he ought to &s;hew when it was made: <HI>Plowd. Com. f.</HI> 24.</P>
<P>Debt upon an Obligation, which is endor&s;ed with a Condition, that if the Defendant renounce all the Admi|ni&s;tration, <HI>&amp;c.</HI> and no day is in the Condition, when it &s;hall be, and the Defendant pleads that he hath re|nounced the Admini&s;tration, and for that, that he doth not &s;hew what day, it is not good, for it may be after the Writ purcha&s;ed, and then it is not good: 15 <HI>Ed.</HI> 4. <HI>fol.</HI> 29.</P>
<P>Tre&s;pa&s;&s;e of Swannes taken, the Defendant &s;aith, that long time before the Tre&s;pa&s;&s;e &s;uppo&s;ed, the property was to <HI>J. S.</HI> which gave them to him, the Plaintiff &s;aith, that long time before <HI>J. S.</HI> had property, the property was in him, and for that, that he doth not &s;hew what day; it is not good; 31 <HI>H.</HI> 6. <HI>f.</HI> 12.</P>
<P>Entry by the Lord <HI>Cromwell</HI> of the Mannour of <HI>Amp|hill,</HI> the Defendant pleads a Lea&s;e for years, and a Re|lea&s;e, and it is not good, without &s;hewing when the Lea&s;e was made, notwith&s;tanding that it be &s;hewed when that be|gan, for that, that he ought to &s;hew that the Lea&s;e was made &s;uch a day, and the Relea&s;e after: 32 <HI>H.</HI> 6. <HI>f.</HI> 8.</P>
<P>Debt upon an Obligation, the Defendant &s;aith it is en|dor&s;ed upon Condition, that if he infeoff him, and he then pay to him twenty pounds, that the Obligation &s;hall be vold, and it is not expre&s;&s;ed what day the Payment ought to be made, and yet he ought to &s;hew what day, for that is
<PB N="451" REF="228">&s;aid to be forthwith after the Feoffment, for the words are, that then he &s;hall pay: 33 <HI>H.</HI> 6. <HI>f.</HI> 48. <HI>B.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Matter uncertain.</HEAD>
<DIV3 TYPE="section">
<HEAD>See where it is uncertain in Matter, and where not.</HEAD>
<P>TRe&s;pa&s;&s;e, the Defendant pleads, that the Plaintiff was indebted to him in a hundred Markes, and that he pawned the Goods till he were paid, and for that, he doth not &s;hew for what the Debt was due, nor whether he paid it or no, it is uncertain, and is not good: 5 <HI>H.</HI> 7. <HI>f.</HI> 1.</P>
<P>Tre&s;pa&s;&s;e, if the Defendant &s;aith that <HI>A.</HI> was &s;ei&s;ed of the Mannour of <HI>D.</HI> whereof the place is parcell, he &s;hall &s;ay at what time the Tre&s;pa&s;&s;e is parcell, otherwi&s;e it is not good: 32 <HI>H.</HI> 6. <HI>f.</HI> 24. <HI>&amp;</HI> 10 <HI>H.</HI> 7. <HI>f.</HI> 28. the &s;ame.</P>
<P>One pleads a Fine levied to <HI>B.</HI> of the Mannour of <HI>D.</HI> and that the Tenant attorned to <HI>B.</HI> and for that he doth not &s;ay, that the Coni&s;ee was &s;ei&s;ed of the Mannour at the time of the Attornement, and al&s;o for that, that he doth not &s;hew what Terme the Fine was levied, it is not good: 10 <HI>H.</HI> 7. <HI>f.</HI> 28.</P>
<P>Found by Office that the Lord <HI>Grey&s;tock</HI> Tenant of the King died &s;ei&s;ed, and one came to traver&s;e that, and &s;aid, that the Dean of <HI>York</HI> recovered in a Writ of Right a|gain&s;t the Lord <HI>Grey&s;tock,</HI> and entered, long before the Inqui&s;ition, <HI>&amp;c.</HI> and gave to him in Tail, and it is not good; 3 <HI>H.</HI> 7. <HI>f.</HI> 2. for that it is not &s;hewed if the Entry was in the life of the Lord, or after his death.</P>
<P>Forcible Entry, where the Defendant &s;aith, that <HI>J. H.</HI> and <HI>H. Wood</HI> infeoffed <HI>Fines</HI> and <HI>Sackvile,</HI> and iu&s;tiffies as Servant to them; the Plaintiff &s;aith, one <HI>J. S. J. Hook,</HI> and <HI>H, Wood</HI> infeoffed him, and for that he doth not &s;ay, the afore&s;aid <HI>J. Hook</HI> and <HI>H. Wood,</HI> it is not good: 1 <HI>H.</HI> 7. <HI>fol.</HI> 19.</P>
<P>Where one pleads Barr, which comprehends but one matter, this &s;hall be certain, as Arbitrement, he ought to &s;hew where the Submi&s;&s;ion was made, and if that compre|hend two matters, he need not to &s;hew both &s;o certain, as it is &s;aid, Free-hold of a &s;tranger, and he as Servant, and
<PB N="452" REF="229">by his command entered, it is good without &s;hewing where the commandement was, 3 <HI>H.</HI> 7. <HI>fol.</HI> 11. <HI>B.</HI></P>
<P><HI>Quare impedit,</HI> The Defendant &s;aith, that <HI>J.S.</HI> granted the next avoidance to <HI>A.</HI> which pre&s;ented, and the Church is void, and the next avoidance was granted to <HI>B.</HI> which died inte&s;tate, and the Ordinary &s;eque&s;tred, and for that, that he doth not &s;hew the name of the Ordi|nary, it is not good, 9 <HI>H.</HI> 7. <HI>fol.</HI> 23.</P>
<P>Tre&s;pa&s;&s;e, the Defendant pleads that it is the Free|hold of <HI>John Sherewood,</HI> and that he by his commande|ment entered, and for that, that he doth not &s;hew where the command was, it is not good, otherwi&s;e it is, if he had ju&s;tified as Servant, and by his commandement, 12 <HI>Ed.</HI> 4. <HI>fol.</HI> 10.</P>
<P>Tre&s;pa&s;&s;e, upon the Statute of <HI>Rich.</HI> the Defendant &s;aith, that his Predece&s;&s;our, Ma&s;ter of the Ho&s;pitall of Saint <HI>Johns</HI> of <HI>Jeru&s;alem,</HI> was &s;ei&s;ed, and died, and that he was Ma&s;ter, and entered after his death, and might be Ma&s;ter by Election, Collation, or Pre&s;entment, and for that it is not good, 34 <HI>H.</HI> 6. <HI>fol.</HI> 27.</P>
<P>Debt upon Obligation, the Defendant &s;aith, that it is indor&s;ed upon condition to be at the award of <HI>J.S.</HI> who awarded that he &s;hould di&s;continue his Action, which he had made, which he hath done, and for that it is not &s;hew|ed what Action, nor <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ow it is hanging, it is not good, 36 <HI>H.</HI> 6. <HI>fol.</HI> 9.</P>
<P>Maintenance, The Defendant iu&s;tifies for that, that he was his Servant, and the Plaintiffe &s;aith that he gave four Marks to maintain, and for that, that he doth not &s;ay, hanging the Plea, it is not good, for it may be before, and then it is no Maintenance, 3 <HI>H.</HI> 6. <HI>fol</HI> 54.</P>
<P>Tre&s;pa&s;&s;e, The Defendant pleads that <HI>J.S.</HI> enfeoffed the Plaintiffe to the u&s;e of <HI>Alice,</HI> by force whereof the &s;aid <HI>Alice</HI> gave to him the Trees, and it is no Plea, for he doth not &s;hew if the Plaintiffe were &s;ei&s;ed at the time of the gift to the u&s;e of <HI>Alice,</HI> 7 <HI>H.</HI> 7 <HI>f.</HI> 3.</P>
<P>Tre&s;pa&s;&s;e, if the Defendant iu&s;tifie by command of him to who&s;e u&s;e he ought to &s;ay, that at the time of the com|mandement they were &s;ei&s;ed to the u&s;e, <HI>&amp;c.</HI> the &s;ame Law, if one plead a Lea&s;e, and Relea&s;e, he ought to &s;ay, that he was po&s;&s;e&s;&s;ed at the time of the Relea&s;e made, 10 <HI>H.</HI> 7. <HI>f.</HI> 26. <HI>&amp;</HI> 7 <HI>H.</HI> 7 <HI>f.</HI> 3. the &s;ame.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="453" REF="229">
<HEAD>That which is I&s;&s;uable ought to be pleaded certainly.</HEAD>
<P>ONe avows for that, that the Plaintiffe held of him by a Knights Fee, and this is not good, for that he doth not &s;hew by what Knights Fee, 12 <HI>H.</HI> 8. <HI>fol.</HI> 13.</P>
<P>3 <HI>H.</HI> 7. <HI>f.</HI> 2. One traver&s;es the Office found after the death of the Lord <HI>Grey&s;tock,</HI> the Kings Tenant, which was found that he died &s;ei&s;ed, and he &s;aid that the Dean of <HI>York</HI> recovered again&s;t the Lord <HI>G.</HI> in a Writ of Right, long before the finding of the Office, and it may be he re|covered again&s;t him long before the finding the office, and it might be, after the death of the Lord <HI>Grey&s;tock,</HI> and for that it is not good, for it is uncertain. So if one plead that he entred for that, that his Tenant aliened in Mort|main, he ought to &s;hew that he entered within the year, otherwi&s;e it is not good.</P>
<P>26 <HI>H.</HI> 8. <HI>fol.</HI> 2. Debt upon Obligation, indor&s;ed with condition, if he make an E&s;tate, as it &s;hall be devi&s;ed by the Plaintiffe, Defendant &s;aith, that he hath made an E&s;tate, and it is not good, without &s;hewing what E&s;tate.</P>
<P>1 <HI>H.</HI> 7. <HI>fol.</HI> 13. One comes to rever&s;e an Outlawry of Felonie, and pleads that he was in the Ca&s;tle of <HI>Oxford,</HI> at the time of the Outlawry publi&s;hed, and for that he doth not &s;hew, in what County the Ca&s;tle is, nor under who&s;e cu&s;tody, it is uncertain, and not good, for the&s;e are I&s;&s;uable.</P>
<P>2 <HI>H.</HI> 7. <HI>f.</HI> 6. Dower again&s;t the Heire, he &s;aith, that he was ready to render Dower, if &s;he would deliver to him the Writings concerning his Land, and for that he doth not &s;hew what Writings, incertain, it is nor good, for it is I&s;&s;uable.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Affirmative and Negative.</HEAD>
<HEAD TYPE="sub">I&s;sue &s;hall be upon the Affirmative, and Negative, and it &s;hall not be an&s;wered by Argument.</HEAD>
<P>DEbt again&s;t the Admini&s;trators of <HI>J.S.</HI> Defendant &s;aith that <HI>J. S.</HI> made him Executor, Judgement of the VVrit, he &s;hall &s;ay without that, that he died inte|&s;tate,
<PB N="452" REF="230">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="453" REF="230">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="454" REF="231">for this is alledged by the Plaintiffe, 9 <HI>H.</HI> 6. <HI>fol.</HI> 7.</P>
<P>11 <HI>H.</HI> 4. <HI>fol.</HI> 88 Tre&s;pa&s;&s;e of taking &s;ix bea&s;ts, the Defendant iu&s;tifies the taking of them by agree|ment, the Plaintiffe &s;aith, they were other &s;ix, and ought to traver&s;e without that, that he took tho&s;e &s;ix in the Ne|gative.</P>
<P>11 H. 6. <HI>f.</HI> 1. VVrit upon the Statute of Labourers, and counts, that the Defendant was a Vagrant, and he re|quired him to &s;erve, and he refu&s;ed, Defendant &s;aith, that he was in the Service of <HI>J. S.</HI> and &s;hall &s;ay without that, that he was a Vagrant.</P>
<P>1 <HI>H.</HI> 6. <HI>f.</HI> 15. <HI>Formedon</HI> in Reverter, and counts of a gift in Tail, the Defendant &s;aith, that the Donor gave in Fee, and it is not good, but he &s;hall &s;ay without that, that he gave in Tail.</P>
<P>10 <HI>H.</HI> 6. <HI>f.</HI> 7. Account for the Heire, again&s;t a VVoman Guardian in Socage, Defendant &s;aith, that the father of the In&s;ant held of her in Knights Service, and died, and Defendant &s;ei&s;ed him, and he ought to &s;ay without that, that he held by Knights Service.</P>
<P>14 <HI>H.</HI> 8. <HI>fol.</HI> 4. The Avowant &s;aith, that <HI>W.</HI> the tenth day of <HI>February,</HI> year twenty five granted, his Intere&s;t to him, and avowed doing damage, Plaintiffe &s;aith, that <HI>W.</HI> the fir&s;t day of <HI>Feb.</HI> year twenty five granted, his Inte|re&s;t to him, and he put in his bea&s;ts without that, that he granted that to the Avowant, before he granted that to him, and good.</P>
<P>38 <HI>H.</HI> 6. <HI>f.</HI> 17. Action upon the Ca&s;e, of that, that he hath Leet and Fines, and Amerciaments of the &s;ame, De|fendant &s;aith, true it is, that the Plaintiffe hath Leet, but that he the Defendant hath Fines, and Amerciaments, he ought to &s;ay without that, that the Plaintiffe, hath the F<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nes and Amerciaments.</P>
<P>18 <HI>H.</HI> 6. <HI>f.</HI> 8. Debt upon an Obligation dated the twen|tieth of <HI>Aprill,</HI> and fir&s;t delivered the &s;econd of <HI>May,</HI> the Defendant pleads Relea&s;e the la&s;t day of <HI>April,</HI> and that the Obligation was delivered when it bore date, and for that, that he hath not traver&s;ed in the Negative, that is to &s;ay, without that, that it was fir&s;t delivered, the &s;econd day of <HI>May,</HI> it is not good.</P>
<P>32 <HI>H.</HI> 6. <HI>f.</HI> 4. Debt, and Counts of a Lea&s;e of a Hou&s;e,
<PB N="455" REF="231">rendering twenty &s;hillings; Defendant &s;aith, that he let the Hou&s;e and four Acres rendering twenty &s;hillings, and ought to traver&s;e, otherwi&s;e it is but an An&s;wer by Argu|ment.</P>
<P>32 <HI>H.</HI> 8. <HI>f.</HI> 8. Debt again&s;t Executors, Defendant &s;aith, that the Te&s;tator died inte&s;tate, that the Admini&s;tration was granted to him, he ought to &s;ay, without that, that he is Executor, or admini&s;tred as Executor.</P>
<P>1 <HI>H.</HI> 7. <HI>f.</HI> 13. Debt upon a &s;imple Contract, Defendant &s;aith, it was upon Condition, and &s;hall &s;ay, without that, that he &s;old in manner and form.</P>
<P>4 <HI>H.</HI> 7. <HI>f.</HI> 9. Partition, Defendant &s;aith, that he was onely &s;ei&s;ed, and &s;hall &s;ay, without that, that he held as undi|vided; 6 <HI>H.</HI> 7. <HI>f.</HI> 5.</P>
<P>4 <HI>H.</HI> 6. <HI>fol.</HI> 4. Debt again&s;t <HI>J. S.</HI> of <HI>D.</HI> Defendant &s;aith, that he is dwelling at <HI>S.</HI> and &s;hall &s;ay, and not at <HI>D.</HI> 19 <HI>H.</HI> 6. <HI>f.</HI> 1. the &s;ame.</P>
<P>7 <HI>Ed.</HI> 4. <HI>f.</HI> 16. <HI>Scire facias</HI> again&s;t a Par&s;on for Arrerages of an Annuity, Defendant &s;aith, that before the Writ purcha&s;ed, he re&s;igned to the Bi&s;hop of <HI>L.</HI> and &s;o that re|maines in his hands, Judgement of the Writ, and it is no Plea, for it is but an An&s;wer by Argument; and for that he &s;hall &s;ay, without that, that he was Par&s;on; day of the Writ purcha&s;ed, or afterwards.</P>
<P>11 <HI>Ed.</HI> 4. <HI>fol.</HI> 4. Action upon the Statute of <HI>Rich.</HI> by <HI>J. Free&s;tone,</HI> Defendant &s;aith, that the Ma&s;ter of the Colledge of <HI>Maid&s;tone,</HI> and his fellow-brethren let, <HI>&amp;c.</HI> Plaintiff &s;aith, at the time of the making of the Lea&s;e, there were not any fellow-brethren of the &s;aid Col|ledge, and this is but an Argument, and for that he &s;hall &s;ay, without that, that the Ma&s;ter and his fellow-bre|thren let.</P>
<P>14 <HI>H.</HI> 8. <HI>f.</HI> 29. I&s;&s;ue &s;hall be upon Affirmative and Nega|tive.</P>
<P>9 <HI>H.</HI> 7. <HI>fol.</HI> 13. Tre&s;pa&s;&s;e, Defendant ju&s;tifies for Fealty not made; the Plaintiff &s;aith, it was not unmade, and good in the Negative.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="456" REF="232">
<HEAD>Material.</HEAD>
<HEAD TYPE="sub">Let us &s;ee what things are material in pleading, Evidence and Verdict, and otherwi&s;e, and what not.</HEAD>
<P>ACtion upon the Ca&s;e in <HI>London,</HI> and counts that he was po&s;&s;e&s;&s;ed of Wine and Stuff, and &s;hews that cer|tain in &s;uch a Ship, and the Defendant at <HI>London</HI> a&s;&s;umed for ten pounds, that if the Ship and Goods did not come &s;afe to <HI>London,</HI> and are put upon the Land there, that then he &s;hall &s;atisfie one hundred pounds to the Plaintiff, and counts that aftewards the Ship was <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">obbed upon the Trade in the Sea, and for not &s;atisfying, Action did accrue, and though that the Plaintiff doth not &s;hew where he was po&s;&s;e&s;&s;ed, it is good, and though it appear upon the Evi|dence, that the Bargain was made beyond Sea, and not in <HI>London,</HI> yet for that the place is not local, it is not material, and though they were robbed upon the Sea, the Action lies in <HI>London</HI> upon the <HI>A&s;&s;ump&s;it,</HI> 34 <HI>H.</HI> 8. <HI>Tit.</HI> 107.</P>
<P>40 <HI>Ed.</HI> 3. <HI>fol.</HI> 2. <HI>Precipe,</HI> again&s;t H. Son of <HI>W. O&s;mond,</HI> the Tenant at the great Cape came before he &s;aved his default, and &s;aith, that his Father is named <HI>Ed|mond,</HI> and not <HI>O&s;mond,</HI> and &s;hall have that Plea before he &s;ave his default, and that is material, for mi&s;cheif of the Warrant: 40 <HI>Ed.</HI> 3. <HI>f.</HI> 48.</P>
<P>41 <HI>Ed.</HI> 3. <HI>fol.</HI> 15. Ravi&s;hment of <HI>J.</HI> 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 &s;urvived, and yet it is good, for the Action is per&s;onal, and it is not ma|terial if he be named Heir to one or other; 43 <HI>Ed.</HI> 3. <HI>fol.</HI> 4. the &s;ame.</P>
<P>3 <HI>H.</HI> 7. <HI>f.</HI> 14. Where a Jury appears, and notwith&s;tanding the Di&s;tre&s;&s;e, for the Jurors were not w<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ll returned, it is not material, and for that it &s;hall not be a&s;&s;igned for Error.</P>
<P>21 <HI>H.</HI> 7. <HI>fol.</HI> 36. It &s;eems in the Ca&s;e of a Lea&s;e of Com|mon, except profits, that where a Lea&s;e is pleaded to be made one day, and it is found by Verdict to be made ano|ther day, the day is not material, and the party &s;hall re|cover;
<PB N="457" REF="232">and where Tre&s;pa&s;&s;e is alleadged to be made one day, and it is found to be made another, it is not material, but the party &s;hall recover.</P>
<P>33. <HI>H.</HI> 7. <HI>f.</HI> 11. In an Obligation one is named of <HI>D.</HI> he is not e&s;topped to &s;ay, that he is dwelling at <HI>S.</HI> and not at <HI>D.</HI> for it is a recitall not materiall. 34 <HI>H.</HI> 6. <HI>f.</HI> 21. Debt again&s;t <HI>J. wikes</HI> at <HI>Bri&s;toll.</HI></P>
<P>38 <HI>H.</HI> 6. <HI>f.</HI> 9. The Array was challenged, for that it was made at the denomination of the party by one <HI>J. S.</HI> the Sheriffs Clerk, and given in Evidence, that it was made at the denomination, by the Baillff of the Franchi&s;e, and that is good Evidence, for the &s;ub&s;tance and effect is, if it were made favourably or not, and the other is not ma|teriall.</P>
<P>32 <HI>H.</HI> 6. <HI>fol.</HI> 3. The Original in Debt is two and forty pounds, and there is a <HI>Super&s;edeas</HI> &s;ued upon that, for that the Defendant is Clerk of the Chancery, and the <HI>Super&s;edeas</HI> doth mention four and forty pounds, and yet for that he is a Clerk of the Chancery hath the priviledge allowed, and the other is not material.</P>
<P>36 <HI>H.</HI> 6. <HI>f.</HI> 2. Debt upon a Recogni&s;ance, the Defendant pleads no &s;uch Record, and it is certified Recogni&s;ance upon Condition not expre&s;&s;ed, and the Plaintiff &s;hall re|cover, otherwi&s;e it is, if it were certified upon Condition therein.</P>
<P>42 <HI>E.</HI> 3. <HI>f.</HI> 3. Covenant by one as Heir, where a Covenant was made to his Father and his Heirs, to &s;ing Divine Ser|vice within his Mannour, he need not to be named Heir, whether he be named Heir or not, it is not material, for if he be Tenant of the Land, it &s;hall not abate for that, for he that hath the Mannour &s;hall have this Covenant, for the thing is to be done upon the Land; 44 <HI>Ed.</HI> 3. <HI>f.</HI> 38.</P>
<P>44. <HI>Ed.</HI> 3. <HI>fol.</HI> 45. A&s;&s;i&s;e of Tenements in <HI>Belham,</HI> Defen|dant pleads Recovery of the &s;ame Lands put in View in <HI>E&s;ton,</HI> and for that, that the Town is not material in A&s;&s;i&s;e (for he &s;hall recover by View of the Jurors) is good.</P>
<P>6 H. 7. <HI>fol.</HI> 6. Appeal again&s;t <HI>J. Ha&s;&s;et,</HI> Cannon of the Mona&s;tery of <HI>W.</HI> the Defendant &s;aith, no &s;uch <HI>J. Ha&s;&s;et</HI> Cannon of the Mona&s;tery of <HI>W.</HI> it is not good, for if he be Cannon or not, it is not material, but no &s;uch <HI>J. Ha&s;&s;et</HI> as is &s;uppo&s;ed by the Writ; 10 H. 7. <HI>f.</HI> 27.</P>
<P><PB N="458" REF="233">3 <HI>E.</HI> 2. <HI>tit. E&s;chea<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> 8. In E&s;cheat, the Plaintif counts that his Tenant committed Felony, for which he was at|taint, and the count was challenged, for that he doth not &s;ay for what Felony, and yet it is good, for it is not mate|riall for what Felony it was.</P>
<P>7 <HI>H.</HI> 4. <HI>f.</HI> 1. Debt by a woman, Defendant pleads that &s;hee is out-lawed at the Suit of <HI>J.S.</HI> and the Plaintif pleads no &s;uch Record, and &s;he was out-Lawed at the Suit of <HI>N.S.</HI> and &s;he &s;hall not be an&s;wered, for it is not materiall at who&s;e Suit &s;he was out-Lawed.</P>
<P>4 <HI>Ed.</HI> 4. <HI>fol.</HI> 29. Obligation is <HI>W.N.</HI> to be bound to <HI>J.S.</HI> and is to be paid to <HI>W. N.</HI> where it &s;hould be <HI>J. S.</HI> and this to be paid is not materiall, for the Obligation is good without, to be paid, and may count <HI>&s;olvendum J. S.</HI> and it is good.</P>
<P>7. <HI>Ed.</HI> 4.5. <HI>Hominereplegiando,</HI> by an Abbe&s;&s;e, they were at I&s;&s;ue, and it is a principle challenge, that one of the Jury was cozen to a Nun of the Abbe&s;&s;e, and it &s;hall be tried if he were Cozen or not, and it is not materiall how he is Cozen.</P>
<P>9 <HI>Ed.</HI> 4. <HI>fol.</HI> 4. A man is bound in an obligation, the con|dition of that is, if he go to the Church and marry his Daughter, <HI>&amp;c.</HI> and he rides and marryes her, that &s;ufficeth, and the other not materiall, for the Marriage is the &s;ub|&s;tance, and not going, or riding to do it.</P>
<P>10 <HI>Ed.</HI> 4. <HI>fol.</HI> 13. <HI>Detinue,</HI> again&s;t <HI>J. Cur&s;on</HI> and the writ was, command <HI>J. Cur&s;on,</HI> Son and Heire of <HI>J. Cur&s;on,</HI> where in truth he was Son of <HI>William Cur&s;on,</HI> and the Plaintiff counts of delivery of Goods, and for that it is not materi|all.</P>
<P>12 <HI>Ed.</HI> 4. <HI>fol.</HI> 1. Tre&s;pa&s;&s;e of Goods taken, the Defendant &s;aith that in <HI>London</HI> there is a Market every day but <HI>Sun|day,</HI> and that <HI>J.S.</HI> &s;old them to him upon a <HI>Fryday,</HI> and though he do not &s;hew what year, it is good, for it is not materiall.</P>
<P>22 <HI>Ed.</HI> 4. <HI>tit.</HI> 128. Shewing of Deeds, tre&s;pa&s;&s;e by Admi|&s;trator, and counts of Goods taken out of his own po&s;&s;e&s;&s;i|on, he need not &s;hew Letters of admini&s;tration, for that it is of his own po&s;&s;e&s;&s;ion, and is not materiall.</P>
<P>38 <HI>Ed.</HI> 3. <HI>tit.</HI> 14 <HI>Detinue</HI> of writings, by <HI>J.</HI> Son of <HI>T.W.</HI> it is no Plea that the Plaintif is a Ba&s;tard, for he demands but Chattells, whereof he was in po&s;&s;e&s;&s;ion, and it is not materiall.</P>
<P><PB N="459" REF="233">15 <HI>H.</HI> 7. <HI>f.</HI> 11. Tre&s;pa&s;&s;e, where the Defendant conveyes to him title by diver&s;e &s;coffments of &s;trangers the Plaintiff may traver&s;e any which he will, but if he convey any title from the Plaintiff him&s;elf, that is more materiall and tra|ver&s;able.</P>
<P>3 <HI>Ed.</HI> 4 <HI>fol.</HI> 19. Tre&s;pa&s;&s;e, the Defendant &s;aith that <HI>J.S.</HI> gave in taile to his Ance&s;tor, which dyed &s;ei&s;ed, and this di&s;cended to him, the Plaintiff &s;aith that he was &s;ei&s;ed in Fee, in right of his Church, till the Defendant outed him, and ought to traver&s;e without that, that <HI>J.S.</HI> gave in taile, <HI>&amp;c.</HI> For this is mo&s;t materiall, 15 <HI>Ed.</HI> 4. <HI>fol.</HI> 2. the &s;ame.</P>
<P>26 H. 8. <HI>f.</HI> 1. The King recites that for the good &s;ervice that he had done in the Warrs, he grants, where he was ne|ver in the Warrs, it is a good grant, for the recitall is mat|ter in deed, not materiall.</P>
<P>9 H. 7. <HI>fol.</HI> 7. If the King make a Denizen, and recite that where he was borne in <HI>France,</HI> where indeed he was borne in <HI>Spain,</HI> this grant and making him Denizen, is a good grant, and the recitall is not materiall.</P>
<P>3 H. 6. <HI>fol.</HI> 9. Where proce&s;&s;e is mi&s;continued, and Judg|ment given by default, this Judgment upon mi&s;continu|ance is errour, and may be a&s;&s;igned for errour, but where it is mi&s;continuance of proce&s;&s;e, and the party appear and pleads, and Judgment upon Verdict is given, this cannot be a&s;&s;igned for errour. See, 3 H. 7. <HI>f.</HI> 8.</P>
<P>1 H. 7. <HI>f.</HI> 12. Errour was a&s;&s;igned, for that it was contai|ned in the Record, that in ba&s;e Court the Entry was, that the Court was held upon <HI>Tue&s;day,</HI> that is the third day of <HI>March,</HI> where Munday was the third day of <HI>March,</HI> and this was adjudged errour, and the <HI>(Videlicet, &amp;c.)</HI> mate|riall.</P>
<P>4 H. 7. <HI>f.</HI> 6. Where one is named Executor, where that name Executor is not materiall, the Writ &s;hall not a|bate.</P>
<P>17 <HI>Ed.</HI> 4. <HI>f.</HI> 2. Where the Defendant in tre&s;pa&s;&s;e pleads, that the plaintiff bargained and &s;old to him ten acres of Corn, though he do not &s;ay ten Acres &s;owne with corn, it is not materiall, for it is u&s;ually &s;o called, and a good Plea.</P>
<P>1 H. 7. <HI>f.</HI> 21. A certaine <HI>Memorandum</HI> was entred, that is to &s;ay, <HI>Memorandum</HI> that <HI>Simon Wi&s;eman</HI> came this 31 day of <HI>November,</HI> this Tearme of S. <HI>Michaell.</HI></P>
<P><PB N="460" REF="234">2 H. 7. <HI>f.</HI> 11. If proce&s;&s;e be mi&s;continued, and the party appear and pleads to the I&s;&s;ue, and Judgment is given, there the mi&s;continuance is not materiall, and is no Er|rour.</P>
<P>9 <HI>Ed.</HI> 4. <HI>f.</HI> 42. Tre&s;pa&s;&s;e of a Bagg taken with Money, the Defendant &s;aith, that the Plaintif was indebted to him in a certain &s;umm, and delivered that unto him for di&s;charge, and is good, though he do not &s;hew for what cau&s;e he was indebted, for this is not traver&s;able, and for that is not ma|teriall.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Manner and Form.</HEAD>
<HEAD TYPE="sub">Manner and Form, where it is materiall, and where not.</HEAD>
<P>MAaintenance, The Defendant iu&s;tifies, for that, that he is his Neighbour, and informed him of a man learned in the Law, The Plaintiffe &s;aith, that he gave money, the Defendant &s;aith, that he did not maintain in manner and Form, and it is no Plea without an&s;wering to the &s;peciall matter, 13 <HI>Ed.</HI> 4.14.</P>
<P>Tre&s;pa&s;&s;e, The Defendant &s;aith, that the Plaintiffe is Villain regardant to the Mannour of <HI>D.</HI> the Plaintiffe &s;aith 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 <HI>Ed.</HI> 4. <HI>f.</HI> 4.</P>
<P>Debt of the &s;ale of a Hor&s;e for &s;orry Shillings, (where the Bargain was for two Hor&s;es) the Defendant pleads, that he oweth him nothing in Manner, and Form: the Jury ought to find for the Defendant, for that, that the Bar|gain was for two Hor&s;es 40. s. and Manner and Form there is materiall, and parcell of their Charge, and &s;o it is in every Ca&s;e, where the Action varies from the Bargain, 21. <HI>Ed.</HI> 4. <HI>f.</HI> 22.</P>
<P>Debt upon &s;ale &s;imply, the Defendant &s;aith, that the Sale was upon condition, without that, that the Plaintiffe &s;old that in Manner and Form, and is good, 1 <HI>H.</HI> 7. <HI>f.</HI> 13.</P>
<P>Tre&s;pa&s;&s;e, the Defendant ju&s;tifies, for that the Plaintiffe held of him by Homage, Fealty, Suit of Court, and ten Shillings four pence, the Plaintiffe &s;aith, that he held
<PB N="461" REF="234">by Fealty, and ten &s;hillings, without that, that he held in Manner and Form, and found by Verdict that he held by ten Shillings four pence, and not by Homage, and the Plaintiffe had Judgement for that, that part is found again&s;t the Defendant, and Manner and Form is not ma|teriall, 31 <HI>H.</HI> 6. <HI>f.</HI> 12. 9 <HI>H.</HI> 7. <HI>fol.</HI> 12.</P>
<P>Entrie in <HI>Ca&s;upro vi&s;o,</HI> and Counts of alienation in Fee, the Defendant &s;aith, that he did not alien in Man|ner and Form, as the Plaintiffe hath counted, and found that he aliened in Tail, the Demandant &s;hall recover for (Manner and Form) are but words of Form here, but whether he aliened or not, is the &s;ub&s;tance, <HI>Littleton, fol.</HI> 113.</P>
<P>Lord and Tenant, and the Tenant brings Tre&s;pa&s;&s;e a|gain&s;t his Lord, and Ju&s;tifies for that, that he held of him by Fealty and Rent, and for the Rent behind, that he took his bea&s;ts, and demands Judgement of the Wri<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">, (by force of Arms) again&s;t him, the Plaintiffe &s;aith that he doth not hold of him in Manner and Form, and though it be found, that he holds by Fealty onely, yet the Writ &s;hall abate, for (Manner and Form) is not mate|riall, <HI>Littleton f.</HI> 113.</P>
<P>Tre&s;pa&s;&s;e of Batterie; or of goods taken, the Defen|dant pleads not guilty (in Manner and Form) as the Plaintiffe &s;uppo&s;eth, and is found guilty in another <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">own, or at another day, yet the Plaintiffe &s;hall recover, <HI>Littleton fol.</HI> 114.</P>
<P>Action upon the Ca&s;e, by a Husband alone, upon an <HI>A&s;&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters">t</HI> to him by <HI>Tatam,</HI> the Defendant &s;aith, he did not allume in Manner and Form, and the Plaintiffe gives in evidence of an <HI>A&s;&s;amp&s;it</HI> made to his Wife, and his agree|ment afterwards, and it is good, and (Manner and Form) is not materiall, 27 <HI>H.</HI> 8. <HI>f.</HI> 29.</P>
<P><HI>Ce&s;&s;avit,</HI> That the Defendant held divers Lands by in|tire Service, he may plead, that he held not in (Man|ner and Form) and give in evidence, that he held by &s;everall Service, and it is good, 10 <HI>H.</HI> 7. <HI>f.</HI> 24.</P>
<P>An Array of a Pannell, was challenged, for that it was made by the Sheriffe, Cozen to the Plaintiffe, and &s;hews how he is Cozen, the other &s;aith, he is not Cozen in (Manner and Form, as, <HI>&amp;c.</HI>) and he is found Cozen, but this is found to be in another Manner, and yet good, for
<PB N="462" REF="235">(Manner and Form) is not materiall, 19 H. 8. <HI>fol.</HI> 7.</P>
<P>A&s;&s;i&s;e, the Tenant pleads a Feofment of <HI>J.S.</HI> by Deed, the Plaintif intitles him, without that, that <HI>J.S.</HI> enfeof|ed him in Manner and Form, and could not give in evi|dence a Feofment without Deed, and traver&s;e that with (Manner and Form) is good to avoid a Negative preg|nant, and in <HI>Sine a&s;&s;en&s;u Cantuli,</HI> the Defendant &s;hall not &s;ay, that he did not alien without the con&s;ent of the Chapter, but that he did not alien in Manner and Form to avoid a pregnant Negative, 22 <HI>Ed.</HI> 4. <HI>f.</HI> 4.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Negative Pregnant.</HEAD>
<HEAD TYPE="sub">Where a Negative pregnant may be, and where not.</HEAD>
<P>WA&s;te, The Defendant &s;aith, that he did not let to him for years, it is no Plea, for it is a pregnant Negative, but he &s;hall &s;ay that he did not let at all, 43 <HI>Ed.</HI> 3. <HI>f.</HI> 13.</P>
<P>Action upon the Statute of <HI>Rich.</HI> he did not enter a|gain&s;t the Form of the Statute, is good, though it be a pregnant Negative, for that, that it traver&s;eth the point of the Writ, 31 H. 6. <HI>f.</HI> 12.</P>
<P><HI>Con&s;imili Ca&s;u,</HI> I&s;&s;ue was, if he aliened in Fee, or not aliened in Fee, which is a pregnant Negative, and al|lowed, the rea&s;on is plain, 38 <HI>H.</HI> 6 <HI>f.</HI> 3.</P>
<P>Lord and Tenant, the Tenant pleads a Feoffement made before the Statute of <HI>(quia em tores terrarum)</HI> after the time of memorie, and the Lord &s;aid, that he did not give after the time of memorie, and is good, notwith|&s;tanding it be a pregnant Negative, 39 <HI>H.</HI> 6. <HI>f.</HI> 8.</P>
<P>Debt upon Obligation, the Condition to repair a Hou&s;e, and &s;aith, that <HI>A.</HI> di&s;turbed him by the Plaintiffes command, the Plaintiffe &s;aith, that he did not di&s;turb him by his commandement, and it is a pregnant Nega|tive, and double, and for that &s;aith, that he did not com|mand him, and took the other by Prote&s;tation, 9 <HI>H.</HI> 6. <HI>f.</HI> 44.</P>
<P>Debt upon Obligation, the Defendant &s;aith, it is in|dor&s;ed upon condition, to be at the arbitrement of <HI>B.</HI> &s;o that it be delivered to the parties, before &s;uch a day, the
<PB N="463" REF="235">Defendant &s;aith, that the Arbitrators made no &s;uch A|ward, and delivered to the parties, and it is good notwith|&s;tanding, that it be a pregnant Negative, for that it is Condition, and is the whole Condition: 10 <HI>Ed.</HI> 4. <HI>fol.</HI> 6.</P>
<P>Debt upon the &s;tatute again&s;t a Vicar for taking Farmes, he had not, nor held not, again&s;t the forme of the &s;tatute, is good, though it be a pregnant Negative, for that it is to the point of the &s;tatute, 27 H. 8. <HI>f.</HI> 25.</P>
<P>Action upon the Ca&s;e again&s;t a common Inholder of his Goods taken, where they were laid; the Defendant &s;aith, that they were not taken in default of him, nor of his Servants, and it is not good, for it is a pregnant Ne|gative; the &s;ame Law is, where the Defendant &s;aith, that he delivered to the Plaintiff the Key of his Chamber, and he carried <HI>A.</HI> and <HI>B.</HI> with him, which carried out the Goods, the Plaintiff &s;aith, that <HI>A.</HI> and <HI>B.</HI> 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. <HI>fol.</HI> 22.</P>
<P>Wa&s;te of ten Oakes, the Defendant &s;aith, that the Plain|triff gave them to <HI>J. S.</HI> and commanded the Defendant to cut them, and to give them to <HI>J. S.</HI> which he did <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> the Plaintiff &s;aith, he did not cut them by his dommande|ment, and it is not good, for it is a pregnant. Negative; and for that he &s;aith, that he did not command; 21 H. 6. <HI>fol.</HI> 49.</P>
<P>Action upon the Ca&s;e of his Hou&s;e burnt in do&s;a<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> of good keeping the Fine of the Defendant; the Defendant &s;aith, that the Hou&s;e was not burnt in default of his good keeping of his fire, in manner and forme, and it is a p<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">eg|nant Negative, and was pleaded in Arie&s;t of Judgement, for that, that in this are compri&s;ed two Sentences, one that the Hou&s;e was not burnt, the other that it was not in default of the Defendant; 28 H. 6. <HI>f.</HI> 8.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="464" REF="236">
<HEAD>Obligation.</HEAD>
<HEAD TYPE="sub">Here I intend to &s;hew to you how the Condition of Obliga|tions ought to be pleaded, performed.</HEAD>
<P>WHere one pleads Conditions performed, and his Plea is in the Affirmative, he ought to plead in certain, as where the Condition is to di&s;charge the Obli|gee, it is no plea to &s;ay, that he hath di&s;charged him, but he ought to plead now he hath di&s;charged certainly; 5 H. 7. <HI>f.</HI> 8. <HI>&amp;</HI> 6 H. 7. <HI>f.</HI> 5.</P>
<P>But if the Condition be to &s;ave him without damage, to pleade in the Negative, (he was not <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">amnified) is good; 7 H. 4. <HI>f.</HI> 13.38 H. 6. <HI>f.</HI> 14. <HI>&amp;</HI> 10 H. 7. <HI>f.</HI> 13.</P>
<P>By <HI>Hu&s;sey,</HI> if Condition be to &s;ave the Plaintiff harm|le&s;&s;e, to plead (he was not damnified) is good: but it the Condition be to di&s;charge or acqui<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> him, he ought to plead how &s;pecially he hath acquitted and di&s;charged him; 22 <HI>Ed.</HI> 4. <HI>f.</HI> 43.35 H. 6. <HI>f.</HI> 13. <HI>&amp;</HI> 40 <HI>Ed.</HI> 3. <HI>f.</HI> 20.</P>
<P>If the Condition be, that if the Defendant acquit the Plaintiff again&s;t <HI>J. S.</HI> and he pleads that <HI>J. S.</HI> relea&s;ed to the Plaintiff at his reque&s;t, and this is a good Acquittall, 1. H. 7. <HI>f.</HI> 30.</P>
<P>Condition was to di&s;charge a Sheriff, it was held clear, that the Defendant &s;hall &s;ay generally, that he hath di&s;|charged him, without &s;hewing how, for he cannot &s;hew &s;peciall di&s;charge, where there was no Charge, I &s;uppo&s;e this was, for that it was infinito<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&punc; <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> <HI>Ed.</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> <HI>f.</HI> 10. <HI>&amp;</HI> 21 H. 7. <HI>fol.</HI> 30.</P>
<P>Condition that if he keep <HI>J.S.</HI> di&s;charged of all E&s;capes of all Felone in &s;uch a Pri&s;on, the Defendant &s;aith, there were but two Pri&s;oners, that is, <HI>J.S.</HI> and <HI>R.K.</HI> and that he was not damnified, and a good Plea.</P>
<P>If the Condition be to gather all the green Wax of the County, the Defendant may plead generally that he ga|thered all, without &s;hewing &s;pecially what that is, for that, that it is infinite, 2 <HI>H.</HI> 7. <HI>fol.</HI> 15.</P>
<P>If Condition be that if the Defendant &s;erve the Plain|tiffe, without ab&s;ence for &s;even yeares (&s;peciall licen&s;e excepted) the Defendant may plead that he hath &s;erved
<PB N="465" REF="236">the Plaintiff this &s;even yeares; and not ab&s;ented him&s;elfe (&s;peciall licen&s;e excepted) and it is good, for it may be he hath licen&s;ed him diver&s;e times, and he need not &s;hew all, 6 <HI>Ed.</HI> 4. <HI>fol.</HI> 2.</P>
<P>If the condition be, that if the Defendant finde &s;ufficient Meat, Drink, and Apparrell to one, till he be of the age of twenty foure yeares, it is a good Plea to &s;ay, that he hath found him, Meat, Drink, and Apparrell &s;u&s;hcient at <HI>D.</HI> for all the time afore&s;aid, without &s;hewing in &s;peciall what Meat, and what apparrell, and the Plaintif takes I&s;&s;ue, that he did not finde to him &s;ufficient Apparrell: And took not I&s;&s;ue upon all for doublene&s;&s;e, 12 <HI>H.</HI> 7. <HI>f.</HI> 14.</P>
<P>If condition be, that if the Defendant &s;hall not prove that <HI>J.S.</HI> was not pre&s;ented and in&s;tituted to the Church of <HI>D.</HI> that then, <HI>&amp;c.</HI> The Defendant may &s;ay that <HI>J.S.</HI> was not in&s;tituted, and it &s;eems good, for the condition is negative, and therefore it &s;ufficeth to &s;ay as above in the negative. The &s;ame Law is if the condition were, that if the Defen|dant prove that he oweth nothing to the Plaintif, it &s;uffi|ceth to &s;ay he owes nothing: The &s;ame Law is, if the condition be, that if I prove my Wife not guilty of &s;uch a Tre&s;pa&s;&s;e, it &s;ufficeth to &s;ay that &s;he is not guilty, 15 <HI>Ed.</HI> 4. <HI>fol.</HI> 25.</P>
<P>If the condition were, that if he prove within one year, that it was the will of <HI>J.S.</HI> to &s;ay that <HI>J.S.</HI> made this Will, which he brought to the Plaintif within one year written, is not good: But by 3. Ju&s;tices, proof of that by two Witne&s;&s;es to plead that, is good, though it be not by Jury, 10 <HI>Ed.</HI> 4. <HI>fol.</HI> 11.</P>
<P>If the condition be, that if he do not enter and claime the Hou&s;e, the Defendant may plead that he did not enter nor claime that, and the Plaintiff &s;hall &s;ay that he clai|med and &s;hew the manner of that, 4 <HI>H.</HI> 7. <HI>f.</HI> 13.</P>
<P>Condition, if the Defendant make an e&s;tate to the Plain|tif before <HI>P.</HI> as it &s;hall be demi&s;ed by the Councell of the Plaintif: The Defendant may plead that, the Councell gave no advi&s;e, or no advi&s;e was given by Councell, and good in the negative, and the Plaintif then in the affirma|tive cannot &s;ay that the Councell did give advi&s;e, but he ought to &s;hew certainly who was of his Councell, and &s;ay certainly what advi&s;e was given, 6 <HI>H.</HI> 7.3. <HI>&amp;</HI> 11 <HI>H.</HI> 7.23. ac|cordingly.</P>
<P><PB N="466" REF="237">Condition to pay all the ar<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">erages, of all the Lands which he holds of the Plaintiff in <HI>D.</HI> it is no Plea that he hath payd all generally, but he ought to &s;hew &s;pecially to what &s;um, for that, that it is in the affirmative, 20 <HI>H.</HI> 6. <HI>fol.</HI> 33.</P>
<P>Condition to pay a Le&s;&s;er &s;um at the Fea&s;t of <HI>P.</HI> If the Defendant plead that he hath paid it, he ought to plead what day he paid it, 46 <HI>Ed.</HI> 3.29. <HI>&amp;</HI> 47 <HI>Ed. f.</HI> 13.</P>
<P>Condition, that if the Defendant carry all the Thorns out of the Land let to him by the Plaintif, the Defendant may plead generally, that he hath carryed all, for that, that it lies in notice of the Plaintif, and the Plaintif &s;aith, that &s;o many were, which were not carried. But if the con|dition were to infeoff the Plaintif of all the Land, of which the Father of the Defendant died &s;ei&s;ed, or to give to him all the Money in his pur&s;e, there he ought to plead how much that was, for that, that it is in the affirmative, and it lieth more in the knowledge of the Defendant then in the Plaintif, 12 <HI>H.</HI> 8. <HI>fol.</HI> 7.</P>
<P>Debt by the Sherif upon an obligation, the Defendant &s;aith it was indorced upon condition, and &s;aith, 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, &s;uch a thing came to his hands for which he hath not accounted, that the I&s;&s;ue may be upon certain|ty, 2 <HI>R.</HI> 3. <HI>f.</HI> 17.</P>
<P>If the condition be to perform all the Covenants in an Indenture, the Defendant cannot plead that he hath per|formed all generally, but he ought to plead how &s;pecially he hath performed every Covenant, 26 <HI>H.</HI> 8.6.11 <HI>Ed.</HI> 4.12. 13. <HI>H.</HI> 7.18. and, 6 <HI>Ed.</HI> 4. <HI>fol.</HI> 1. But at this day it is u&s;ed in the &s;ame ca&s;e, in debt upon an Obligation endorced to perform the Covenants in Indentures, that the Defendant recits the Indenture, and in the end he pleads, that he hath generally performed all the Covenants. And then the Plaintiff ought to &s;hew breach in one, and upon that I&s;&s;ue is taken.</P>
<P>If condition be, to &s;tand to the award and abitrement of certain Per&s;ons: it is no Plea for the Defendant to &s;ay, that he had no notice of any Award, but if it were (&s;o that it be delivered to the parties in writing) the Defendant may plead that no Award was delivered to him in writing, 1. <HI>H.</HI> 7. <HI>f.</HI> 5.</P>
<P><PB N="467" REF="237">If condition be, that if the Defendant &s;hall &s;tand to the Arbitrement of <HI>J.S.</HI> the Defendant may plead that he hath not made any Award, and the Plaintiff &s;hall &s;ay, that he hath made one, and &s;hew what it is, 2 <HI>R.</HI> 3. <HI>f.</HI> 13.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Pleading by Name.</HEAD>
<P>REver&s;ion is devi&s;ed, by the name of all Lands and Te|nements in <HI>D.</HI> and good, 34 <HI>H.</HI> 6. <HI>f.</HI> 6.</P>
<P>Lea&s;e is made of his Lands in <HI>Bodehill,</HI> and by anci|ent evidences, parcel of that is in <HI>D.</HI> he may plead his lea&s;e and give in evidence, that all was let by the name of <HI>Bode|hill,</HI> 20 <HI>Ed.</HI> 4. <HI>f.</HI> 9.</P>
<P>Where <HI>Margery</HI> and her Husband levied a Fine by the name of <HI>Margaret,</HI> and the Tenant may plead that <HI>Margaret</HI> by the name of <HI>Margery</HI> acknowledged the Land by Fine. And al&s;o it is that <HI>Agnes</HI> by the name of <HI>Ann</HI> levied a fine, <HI>Fitzh. f.</HI> 97. <HI>A</HI></P>
<P>One cannot give Land by the name of the O&s;hee of the Forre&s;t, 10 <HI>H.</HI> 7. <HI>f.</HI> 17.</P>
<P>That <HI>J.S.</HI> by the name of <HI>J.D.</HI> in grant is good, and by the name <HI>Ha&s;tings, Ha&s;ting,</HI> 9 <HI>Ed.</HI> 4. <HI>fol.</HI> 43.</P>
<P>Obligation was <HI>J. Bo&s;on</HI> and an Acquirtance <HI>J.</HI> of <HI>Bozon</HI> with a <HI>(z)</HI> and this was pleaded to be made by name, 14 <HI>H.</HI> 4. <HI>fol.</HI> 30.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Pre&s;idents.</HEAD>
<HEAD TYPE="sub">For that, that Pre&s;idents are to be followed, &s;omething &s;hall be &s;aid touching them.</HEAD>
<P>SAunders cheife Baron &s;aith, the be&s;t Interpreter of the Law is Cu&s;tome, and for that, that the Pre&s;idents, and the Accounts of the Exchequer, prove that from time to time, cu&s;tome and u&s;age hath been, that the Kings of this Realme have had the profits of &s;uch Mines of ba&s;e met|tal containing Gold and Silver, without disjunction, that the value of the Gold and Silver &s;hall be greater or le&s;s&punc; and upon the Pre&s;idents it was adjudged, for the King a|gain&s;t the Earle of <HI>Northumberland,</HI> in the information of
<PB N="468" REF="238">Mines of Copper, mixt with Gold or Silver, <HI>Plowden fol.</HI> 336.</P>
<P>It is &s;aid in A&s;&s;i&s;e, for that, that it is (hath &s;hewed to us) where it &s;hould be (hath complained to us) becau&s;e of the forme and pre&s;ident, it &s;hall abate, and &s;o it is where it is (he hath di&s;&s;ei&s;ed him of foure Acres) where it &s;hould be by the Pre&s;idents (of his Free-hold) it &s;hall abate, 11 <HI>H.</HI> 6. <HI>f.</HI> 25.</P>
<P><HI>Venire &s;acias,</HI> The Sheriff returns (that he hath made to come) 12. and yet to return 12. is not good for the Pre&s;idents are twenty foure, and &s;o ought he to return twenty foure, 2 H. 7. <HI>f.</HI> 8.</P>
<P>27 H. 8. <HI>fol.</HI> 16. One challenged the Array, and doth not verefie his challenge, and he need not, for Pre&s;i|dents are &s;o, and the Ju&s;tices would not change the Pre&s;i|dents.</P>
<P>7 H. 6. <HI>fol.</HI> 30. In the Kings Bench you &s;hall not have a <HI>Habeas Corpora juratorum,</HI> but a <HI>Ven<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">re facis</HI> and <HI>di&s;tringas.</HI></P>
<P>39 H. 6. <HI>fol.</HI> 32. <HI>M<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;ne,</HI> and counts that he held of the Me&s;ne, and that he ought to acquit him, and doth not count that the Defendant held over, yet for that, that there were Pre&s;idents of that &s;hewed: It was held good.</P>
<P>6 H. 7. <HI>fol.</HI> 15. <HI>A&s;&s;i&s;e</HI> 1. The Tenant plea<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s no wrong by Bailiff, and yet continuance was not between Plaintiff and Bailiff but between Plaintif and Tenant, and &s;o were pre|&s;idents, and for that &s;aid to be good.</P>
<P>11 H. 7. <HI>f.</HI> 11. Where the Tenant pleads by Bailiff in A&s;&s;. he may after plead in proper per&s;on, matters in writing, or of Certificate, for Pre&s;idents are &s;o.</P>
<P>16 <HI>H.</HI> 7. <HI>f.</HI> 8. <HI>Cui in vita,</HI> The VVrit was which he claimes to hold to him and the Heires of his Body, with|out &s;hewing of who&s;e gift. And the opinion of the Court that it is good, but when the Regi&s;ter was &s;hewed to be con|trary, the Court changed their opinion.</P>
<P>33 H. 6. <HI>fol.</HI> 22. <HI>Precipe,</HI> at the great <HI>Cape</HI> returned, the Tenant &s;aith that he was not &s;ummoned, ready by the Country, but &s;ay that he &s;hall be tried by wager of Law, for &s;o are ancient Pre&s;idents, which &s;hall not be changed without &s;peciall matter, as again&s;t Maior and Commonal|ty, which cannot wage their Law.</P>
<P>Forcible Entry of 8 <HI>H.</HI> 6. and counts of Entry with force, and keeping with force, where the Statute is in the
<PB N="469" REF="238">disjunctive, but for that, that there are Pre&s;idents in this Manner, it was allowed, 3 <HI>Ed.</HI> 4. <HI>f.</HI> 21.</P>
<P>Debt again&s;t Executor, for that, that the Writ was <HI>Debet, &amp; detinet,</HI> where the Pre&s;ident is <HI>Detinet</HI> only, it &s;hall abate the &s;ame Law, where it is <HI>Precipe quod &s;olvat,</HI> where it &s;hould be <HI>Reddat,</HI> it &s;hall abate, 22 <HI>Ed.</HI> 4. <HI>f.</HI> 21.</P>
<P>Debt upon the Statute of Farms, again&s;t a Prei&s;t, the Writ &s;hall not be <HI>quod reddat</HI> to the Plaintiffe, the &s;um &s;o much, but it &s;hall be <HI>quod reddat</HI> as well to us, as to the Plaintiffe, otherwi&s;e the Writ &s;hall abate, for it is not ac|cording to the Pre&s;idents, 27 H. 8. <HI>f.</HI> 23.</P>
<P>Two Infants alien in Fee, and one dies, the other &s;hall have <HI>dum fuit infra Atatem,</HI> of the who<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e, &s;uppo|&s;ing that he him&s;elf aliened the whole, for that there is no other Ferm of the Writ, 21 <HI>Ed.</HI> 3. <HI>f.</HI> 50.</P>
<P>If Tenements be let to one man for Term of half a year, or for a quarter of a year: In &s;uch Ca&s;e, if the Leffee make Wa&s;te, the Le&s;&s;or &s;hall have a Writ of Wa&s;te, and the Writ &s;hall be (which he holds for Term of years) for that there is no other Form of the VVrit, but he &s;hall have a &s;peciall Count, <HI>Litileton f.</HI> 14. So the VVrit of VVa&s;te is, that he made VVa&s;te, and yet may count of many VVa&s;tes, for that, that there is no other Form and Pre&s;ident of a VVrit, 4. H. 6. <HI>f.</HI> 11.</P>
<P>Tre&s;pa&s;&s;e, why with force and arms, his goods and chattells to the value, <HI>&amp;c.</HI> where it is of dead things, and if he counts of Hor&s;es, or Kine, where the VVrit is, (goods and chattells) it &s;hall abate, for that, that the Form is o|therwi&s;e, and if the VVrit be of things living, he &s;hall make metion of that in his VVrit, that is to &s;ay, by force, and arm<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">, four Tenches, or four Pikes, he took, or &s;hall &s;ay, he took his bea&s;ts, and where it is a Hor&s;e, it &s;hall be, (he took his Hor&s;e) or he took his Cow, 2<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">. H. 6. <HI>f.</HI> 39.</P>
<P>Tre&s;pa&s;&s;e, if the VVrit be, that he took his goods, and Chattells, and counts of ten pounds in money, the VVrit &s;hall aba<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e; for of money the VVrit is, that he took &s;o many penc<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">, and that is the Form 39 <HI>Ed.</HI> 3. <HI>f.</HI> 23.</P>
<P>Tre&s;pa&s;&s;e, by the Husband and VVife, The VVrit was, he broke the Clo&s;e of the VVife, and the graffe thereof the &s;aid VVifes, did <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">atdown, and the Declaration was, while&s;t &s;he was unmarried, and the VVrit was awarded good, for the Regi&s;ter is accordingly, 21 H. 6. <HI>f.</HI> 30.</P>
<P><PB N="470" REF="239">Tre&s;pa&s;&s;e by the Husband and Wife, why by force and armes he took his Goods and Chattels, and counts that the Tre&s;pa&s;&s;e was when &s;he was unmarried, the Writ &s;hall abate, becau&s;e he may have a Writ of Forme, that is, the Goods and Chattels of the &s;aid Wife, and not his Goods and Chattels, 7. H. 7. <HI>f.</HI> 2.</P>
<P>Where Battery is made to a Woman unmarried, which takes a Husband, they &s;hall have an Action, that he &s;truck <HI>D.</HI> his Wife while&s;t &s;he was unmarried, 22 <HI>Book of A&s;&s;.</HI> 87. But where an unmarried Woman bea<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s another, and after &s;he takes a Husband, the Writ &s;hall be that they both made the Battery, and this is the Form.</P>
<P>A Woman diffei&s;es one, and after takes a Husband, the Writ again&s;t them &s;hall be, that they di&s;&s;ei&s;ed the Plain|tiff, and not that the Wife while&s;t &s;he was unmarried di&s;|&s;ei&s;ed him; but if the Woman unmarried be di&s;&s;ei&s;ed, and after takes a Husband, and they bring an A&s;&s;i&s;e, in &s;hall be, di&s;&s;ei&s;ed her, while&s;t &s;he was unmarried, 4 <HI>Ed.</HI> 4. <HI>Br. Tit. Falfe Latine</HI> 1.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>What is the &s;ame.</HEAD>
<HEAD TYPE="sub">Where in a Tre&s;pa&s;s or Action of that nature, one ju&s;tifie<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> Wrong, where he ought to conclude, that it is the &s;ame, and where not.</HEAD>
<P>ACtion upon the Ca&s;e for threatning his Tenants at will, by which they left the it holdings; the Defen|dant &s;aith, that the Plaintiff di&s;&s;ei&s;ed him, and that he &s;hid to him, of he would not depart, he would &s;ue him a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the Law would, which is the &s;ame threatning, and it is good, 9. <HI>H.</HI> 7. <HI>f.</HI> 7. <HI>&amp;</HI> 16 <HI>Ed.</HI> 4. <HI>f.</HI> 7.</P>
<P>28 H. 6. <HI>fol.</HI> 4. Defendant in Tre&s;pa&s;&s;e ju&s;tifies, for that, that he and his Ance&s;tors Tenant of &s;uch a Hou&s;e and Land, have had a way in the place where, <HI>&amp;c.</HI> to the Mar|ket and Church of <HI>D.</HI> time out of minde, by which they u&s;ed the way, which is the &s;aid Pro&s;pa&s;&s;e, <HI>&amp;c.</HI></P>
<P>21 H. 6. <HI>fol</HI> 5. Fal&s;e Impri&s;onment, Defendant ju&s;tifies; for that the Plaintiff was arre&s;ted by a Ju&s;tice of Peace his Warrant, and carried to him being Goaler, which is the &s;ame Impri&s;onment.</P>
<P><PB N="471" REF="239">Fal&s;e Impri&s;onment again&s;t an Abbot, which ju&s;tifies that he gave coun&s;el to <HI>J. S.</HI> being in fear of his life, to go to a ju&s;tice of Peace for a Warrant of the Peace again&s;t the Plaintiff, and that by vertue of a Warrant of the Peace &s;o had, the Plaintiff was arre&s;ted, which is the &s;ame Impri&s;onment, and this he cannot &s;ay, for this is not Im|p<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">&s;onment by the Defendant, and for that the general I&s;&s;ue was entered: 12 H. 7. <HI>f.</HI> 14.</P>
<P>Fal&s;e Impri&s;onment by a Woman, the Defendant &s;aith, that &s;he is car<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ied to <HI>Southwark</HI> by her con&s;ent, which is the &s;ame Impri&s;onment, upon which the Plaintiff counts, and it is no Plea; for Impri&s;onment is again&s;t the will of one, and that is not &s;o; 14 H. 6. <HI>f.</HI> 2.</P>
<P>Tre&s;pa&s;&s;e of A&s;&s;ault, Battery, and wounding, the De|fendant &s;aith, that he laid his hands upon the Plaintiff peaceably, and arre&s;t the Plaintiff the &s;ame day and place by a Warrant, which is the &s;ame A&s;&s;ault, Battery, and wounding, and held it is no Plea for the rea&s;on afore|&s;aid; 21 <HI>H.</HI> 7. <HI>f.</HI> 49.</P>
<P>Tre&s;pa&s;&s;e of a Clo&s;e broken &s;uch a day, the Defendant ju&s;tifies that the Plaintiff licen&s;ed him the &s;ame day to en|ter, and need not &s;ay, that it is the &s;ame Tre&s;pa&s;&s;e, for that it is the &s;ame day; but if he ju&s;tifie at another day, <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">at another place, then he mu&s;t &s;ay, that it is the &s;ame Tre&s;pa&s;&s;e; 21 <HI>H.</HI> 7. <HI>f.</HI> 39. The &s;ame Law is of Goods car|ried out, if the Defendant ju&s;tifie at the &s;ame day and place; and &s;o in <GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">p<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;&s;e of Battery, if the Defendant <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">&s;tifie, for th<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> day and place the Plaintiff made A&s;&s;ault on him, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> he had; was of his own A&s;&s;ault; he need not in the&s;e Ca&s;es to &s;ay, it was the &s;am<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Tre&s;pa&s;&s;e.</P>
<P>But in Tre&s;pa&s;&s;e of Goods taken the fir&s;t year, <HI>&amp;c.</HI> the Defendant pleads all the Record, and &s;aith, that one <HI>J. S.</HI> recovered, and that year the ninth, by vertue of a Precept to make Execution he took them, which is the faine taking, upon which the Plaintiff, <HI>&amp;c.</HI> and this is not good, for it cannot be the &s;ame; 12 <HI>H.</HI> 6. <HI>f.</HI> 3. by <HI>Co<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e&s;more.</HI></P>
<P>Fal&s;e Impri&s;onment, the Defendant iu&s;tifies as Sherif, that he arre&s;ted the Plaintif by a <HI>Capias,</HI> and it is good, if he &s;hy that is the &s;ame Tre&s;pa&s;&s;e, and otherwi&s;e it is not good<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">; 22 <HI>Ed.</HI> 4. <HI>Br. Fal&s;e Impri&s;onment,</HI> 29.</P>
<P>Fal&s;e Impri&s;onment, the Defendant &s;aith, that he took
<PB N="472" REF="240">the Plaintif from <HI>Jack Cade</HI> and other Rebells, and deli|vered him to the Mayor for his &s;afeguard, which is the &s;ame Impri&s;onment, and that is good, for that was the Impri&s;onment, but iu&s;tifiable; 35 <HI>H.</HI> 6. <HI>f.</HI> 53.</P>
<P>Con&s;piracy, the Defendant iu&s;tifies, for that, that he is Steward, and that in a Leet was pre&s;ented, that the Plain|tif is a Felon, and that he &s;hewed his Rolls to the Ju&s;tices at the Se&s;&s;ion, which commanded him to &s;hew that to the Jurors, which inquired for the King, which he did, and &s;aith, that that is the &s;ame; for by <HI>Englefield,</HI> when the Defendant pleads a Con&s;piracy, which is iu&s;tifiable, he ought to &s;hew that it is the &s;ame Con&s;piracy; 27 <HI>H.</HI> 8. <HI>fol.</HI> 2.</P>
<P>Annuity is brought of &s;ix and twenty &s;hillings and eight pence, the Defendant &s;aith, that he held of the Plaintif by &s;ix and twenty and eight pence of Rent, which is the &s;ame Rent, and is not good, for it cannot be the &s;ame; 33 H. 6. <HI>f.</HI> 38.</P>
<P>Debt upon Obligation, the Defendant &s;aith, it was made by threats, the Plaintif &s;aith, that he let the Land to the Defendant, rendering Rent, and &s;aith, if he would not &s;eal the Obligation to him for the Rent behinde, he would &s;ue him at the Common Law, which is the &s;ame threatning, and it is no good Plea, for this is lawfull, and not a threatning; 16 <HI>Ed.</HI> 4. <HI>f.</HI> 7. <HI>Br. Tit. Dure&s;se</HI> 23.</P>
<P>Maintenance, the Defendant &s;aith, that he carried the Money of him, which the Plaintif &s;uppo&s;ed he maintain|ed, to his Coun&s;el, which is the &s;ame Maintenance, and this is no plea, for this is no Maintenance, 34 H. <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word">. <HI>fol.</HI> 19.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Replication.</HEAD>
<HEAD TYPE="sub">Where a faulty Barr is made good by Replication, and where not.</HEAD>
<P>TRe&s;pa&s;&s;e, the Defendant pleads an Agreement to pay Money, and to make Windows, and &s;aid, that he paid the Moneys, and nothing of the Windows, and the Plaintiff replied and &s;aid, no &s;uch Agreement, and yet the Plaintiff in Barr pleaded an Agreement, and that
<PB N="473" REF="240">not executed, is not made good by the Replication, for the Barr is not good, to no intent, and the Replication cannot make that good, 6 H. 7. <HI>f.</HI> 10.</P>
<P>But count where a Barr may be made good by a Plea of the other party, where the Count or the Barr is uncer|tain, as where the Plaintiff counts of an Obligation in Debt, and doth not count where it was made; and the Defendant pleads Relea&s;e, and acknowledge it, and the Coni&s;ee, where the place &s;hould be in is now outed, and need not to have that; the &s;ame Law in Tre&s;pa&s;&s;e, where a man pleads Arbitrement, and doth not &s;hew the place where the Submi&s;&s;ion was that is not good: but if the Plaintiff reply, and &s;aith, that he di&s;charged the Arbitra|tors before the Award, now it is good, for that which was ill is now confe&s;&s;ed, 10 H. 7. <HI>f.</HI> 24. <HI>&amp;</HI> 20 H. 7. <HI>f.</HI> 12.</P>
<P>By <HI>Hu&s;&s;ey,</HI> if one plead Joint-tenancy, day of the Writ purcha&s;ed, it is not good, for that he might be &s;ole Tenant after, if the Demandant &s;aith, &s;ole Tenant, and doth not demurr, it is made good by Replication, 5 H. 7. <HI>f.</HI> 14. The &s;ame Law if in Debt again&s;t Executors, they plead nothing in their hands, day of the Writ purcha&s;ed, and do not &s;ay, nor ever after, the plea is not good: but if the Plaintiff reply, and &s;ay, that they have A&s;&s;ets, and that is found, he &s;hall have Judgement, 3 H. 7. <HI>fol.</HI> 8. ac|cordingly.</P>
<P>Fal&s;e Impri&s;onment the tenth day of <HI>May,</HI> the Defendant &s;aith, that the Plaintiff made an affault in the Court be|fore the Steward, and for his di&s;turbance of the Peace in the Court, he was committed to ward, the Plaintiff &s;aith of his own wrong, without &s;uch cau&s;e, and now though the Defendant hath not &s;hewed what day the Court was, yet by the replication it is made good, for now the day is not materiall, 21 <HI>H.</HI> 7. <HI>f.</HI> 32.</P>
<P>If double Plea be pleaded, and the Plaintiff replies, and rakes I&s;&s;ue of one matter, and that is found, he can|not after plead in arre&s;t of Judgment, for by the Replica|tion it is made good, 18 <HI>Ed.</HI> 4. <HI>fol.</HI> 17.</P>
<P>Debt upon in Obligation, the Defendant pleads a de|fea&s;ance, which is, that if the Defendant deliver to the Plaintif in <HI>London</HI> certaine Clothes of Ker&s;ey of as good Stuff, and of as good making, as before the&s;e times have been made in the Town of <HI>D.</HI> in the County of <HI>Darby,</HI> that
<PB N="474" REF="241">then the Obligation &s;hould be void, and &s;aith that he hath delivered to the Plaintif in <HI>London</HI> the Clothes of as good, <HI>&amp;c.</HI> According to the condition, and this Plea is not good, for that, that it cannot be tried, for tho&s;e of <HI>London</HI> cannot try if they were as good, <HI>&amp;c.</HI> But the Plaintif replied, and &s;aid, that the Plaintif did not deliver to us any manner of Cloth in <HI>London</HI> ready, <HI>&amp;c.</HI> and now by the Replication it is good, 22 <HI>Ed.</HI> 4. <HI>fol.</HI> 2.</P>
<P>Debt, the Plaintif counts upon a Lea&s;e for terme of yeares, and doth not &s;hew where it was made, and the Defendant traver&s;es the Lea&s;e, and the Plaintif replies, and joynes I&s;&s;ue, and after acknowledges the action, and after pleads in arre&s;t of Judgment, for that the Plaintiff hath not declared in what place the Lea&s;e was made, and yet he had Judgment; for when the Defendant hath in Barr gain&s;aid the Lea&s;e, he hath admitted the count good, 18 <HI>Ed.</HI> 4. <HI>fol.</HI> 17. And in Debt, if I Plead the Relea&s;e of the Plaintif, and do not &s;hew where it was made, and the Plain|tif replies, and pleads not his Deed, the Plea of the Defen|dant, is made good by his Replication, <HI>Br. title Repleader</HI> 38.</P>
<P>Annuity for Coun&s;ell given, and to be given, and counts that he hath given to him Councell, in doing his bu&s;ine&s;&s;es, and though he do not &s;hew in what bu&s;ine&s;&s;es it is good, for if the Defendant &s;aith, that he doth not give to him Councell again&s;t the Plaintif in his replication, he may &s;hew in what things he gave Councell, and &s;o the replication hath made all good, and the Count was good generally, 39 <HI>H.</HI> 6. <HI>fol.</HI> 33.</P>
<P>By <HI>Vani&s;or,</HI> Replication may make an ill Barr good; as I plead in Barr grant of Rever&s;ion, and omit attornement, if the Plaintif reply, and confe&s;s and avoid the grant by &s;peciall matter, then is the Barr good, 11 <HI>H.</HI> 7.24.</P>
<P>By <HI>Read,</HI> in Debt again&s;t one as Executor, which pleads nothing in their hands day of the Writ purcha&s;ed, which is no Plea, for that, that he may have a&s;&s;ets afterwards: But if the Plaintif reply that he hath a&s;&s;ets and that found by Verdict, is good, 6 <HI>H.</HI> 7. <HI>fol.</HI> 6. The &s;ame Law, if the Te|nant in <HI>Precipe</HI> plead non-Tenure, day of the Writ, and the Plaintif replies, that he was Tenant.</P>
<P>And now though by the &s;tatute of, 32 <HI>H.</HI> 8. <HI>chap.</HI> 30. It was enacted, that if any I&s;&s;ue be tryed by the Oath of 12.
<PB N="475" REF="241">in any of the Kings Courts of Record, that Judgment &s;hal he given, any mi&s;pleading not having colour, in&s;ufficient pleading, or Jeofaile, not worrant of Attorney put in any mi&s;-con&s;truction, or di&s;continuance, misjoyning of I&s;&s;ue, or other default, or negligence of parties, their Councel|lours or Attorneys had or made to the contrary notwith|&s;tanding, and that the Judgement &s;hall be in force, and &s;hall not be rever&s;ed by Writ of Errour. And yet at this day, one may plead in arre&s;t of a Jury, and &s;ay that you ought not to take this Inque&s;t, notwith&s;tanding this Sta|tute.</P>
<P>Con&s;piracy again&s;t two, one in the year, 42 <HI>Edw.</HI> 3. hath pleaded to the Jury, and the other, 43 <HI>Edw.</HI> 3. pleads in Abatement, and now in, 48 <HI>Ed.</HI> 3. the fir&s;t takes <HI>Ni&s;iprius,</HI> and cannot have it before the Court be advi&s;ed, if the Writ be good, for though that the other hath accepted the Writ good, yet if the Writ doth not lye in the ca&s;e, the Writ &s;hall abate again&s;t one and the other, by, 43 <HI>Ed.</HI> 3. <HI>f.</HI> 10. The &s;ame Law notwith&s;tanding the Statute of 32 H. 8. afore&s;aid.</P>
<P>Debt again&s;t two Fxecutors, one comes at the <HI>Pluries</HI> and pleads fully admini&s;tred, and after comes the other by <HI>Exigent,</HI> and pleads to the Writ that 3. others are Execu|tors, which have admini&s;tred not named, Judgment of the Writ, and for that, that the Plaintif hath replyed, that the two alone are Executors, the Defendant for that may plead this matter, in arre&s;t of taking of the fir&s;t inque&s;t upon the fir&s;t I&s;&s;ue, for by the replication to the &s;econd Plea, he hath waived the advantage of the fir&s;t plea, where it was &s;ufficient for all, by rea&s;on of the Statute, which wil, that he that fir&s;t &s;hall come by di&s;tre&s;&s;e, &s;hall an|&s;wer, 7 <HI>H.</HI> 4. <HI>f.</HI> 12. <HI>Brook Executors</HI> 46. and this is good at this day, notwith&s;tanding the Statute afore&s;aid of Jeofailes.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Severall Tenancy.</HEAD>
<P><HI>SCire facias,</HI> of a Fine of Rent Service again&s;t many Te|nants, one &s;aith that The came to a Hou&s;e, parcell of the Tenements, whereout the Rent in Demand is &s;uppo|&s;ed to be I&s;&s;uing, by it &s;elf, without that, that the other have any thing, Judgment of the Writ, and that another
<PB N="476" REF="242">holds four Acres parcell of the Land, whereout the Rent in demand is &s;uppo&s;ed to be i&s;&s;uing by it &s;elf, and it is good, 5 H. 5. <HI>f.</HI> 4. otherwi&s;e it is of a Rent-charge.</P>
<P><HI>Scire facias</HI> again&s;t <HI>J. S. J. D.</HI> and three others, <HI>J. S.</HI> &s;aith, that he and one of the three held parcell joyntly, and that the Ance&s;tor was dead, day of the writ purcha&s;ed, Judgement of the VVrit, and <HI>J. D.</HI> &s;aith, he held another parcell in Fealty; Judgement of the VVrit, and the VVrit brought again&s;t them in common was abated, 38 <HI>Ed.</HI> 3. <HI>f.</HI> 20. And note al&s;o, &s;everall Tenancy of parcell, &s;hall a|bate all the VVrit, 19 <HI>Ed.</HI> 3. <HI>tit.</HI> 18. 27 H. 8. <HI>f.</HI> the la&s;t, <HI>&amp;</HI> 20 <HI>Ed.</HI> 4. <HI>f.</HI> 8.</P>
<P><HI>Precipe</HI> again&s;t two of &s;ixteen Acres of Land, one takes the Tenancy of twelve Acres, without that, that the other hath, <HI>&amp;c.</HI> and vouches, and the other takes the Te|nancy of the re&s;idue, without that, that the Plaintiff ought to maintain his VVrit, 41 <HI>Ed.</HI> 3. <HI>f.</HI> 20 the other &s;eve|rall Tenancy &s;hall abate the Writ, 28 <HI>Book of A&s;s.</HI> 25. That he which pleads &s;everal Tenancy may vouch or plead over in Barr, and not conclude to the Writ. See, <HI>Br. title Breife</HI> 141 and 13 <HI>H</HI> 6. <HI>f.</HI> 26.</P>
<P>A&s;&s;i&s;e, &s;everall Tenancy is no plea, and the &s;ame Law in other actions where no land is demanded in cercaine, 24 <HI>H.</HI> 8. <HI>tit.</HI> 18. But &s;ee, 21 <HI>H.</HI> 6. <HI>f.</HI> 57. and 30 <HI>B. of A&s;s.</HI> 24.</P>
<P>Dower, &s;everall Tenancy &s;hall abate the Writ, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">9 <HI>Ed.</HI> 3. <HI>Brook</HI> 30. otherwi&s;e it is in A&s;&s;i&s;e, 15 <HI>Ed.</HI> 2. <HI>tit.</HI> 1. <HI>&amp;</HI> 14 <HI>Ed.</HI> 3. <HI>tit, Breif.</HI> 276.</P>
<P>It &s;eems that non-Tenure, and &s;everall Tenancy in <HI>Nu|per obiit,</HI> again&s;t, 3, is no Plea, 7 <HI>H.</HI> 6.8. See, 13 <HI>Ed.</HI> 1. <HI>tit.</HI> 3. <HI>Fitzh: fol.</HI> 197. <HI>D. F.</HI></P>
<P><HI>Quid Juris clamat,</HI> again&s;t three, which plead &s;e|verall Tenancy, and it was &s;aid that it behooveth that the Plaintif &s;hould maintain his writ, &s;o he he did, 12 <HI>Ed.</HI> 3. <HI>tit.</HI> 9.</P>
<P><HI>Mortdance&s;ter,</HI> again&s;t 3. which &s;ay that they are Tenants in &s;everalty, Judgment of the VVrit. And for that, that the A&s;&s;i&s;e found that one of them was Tenant in &s;everalty the Writ abated, 8 <HI>Ed.</HI> 2. <HI>tit.</HI> 2.</P>
<P>In, <HI>Per quae &s;ervitia,</HI> Severall Tenancy is no plea, 12 <HI>Ed.</HI> 3. <HI>tit.</HI> 15. <HI>&amp;</HI> 32 <HI>Ed.</HI> 3. <HI>tit.</HI> 7.</P>
<P><HI>Scire facias</HI> again&s;t two, one makes default, and the o|ther pleads &s;everall Tenancy in abatement, and cannot,
<PB N="477" REF="242">for that Sei&s;in is to be awarded of half, 42 <HI>Ed.</HI> 3. <HI>fol.</HI> 8. See <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">. <HI>Book of A&s;&s;i&s;es the</HI> 16.</P>
<P><HI>Precipe</HI> again&s;t two, one takes the Tenancy upon him, without that, that the other hath anything, and the other &s;aith nothing, the Plaintiff need not to maintain his Writ, 37 H. 6. <HI>f.</HI> 16. <HI>&amp;</HI> 18.</P>
<P>Entry in the <HI>quibus</HI> again&s;t two, one pleads &s;everall Tenancy, and al&s;o over in Barr, and the other pleads in the &s;ame manner, and the Plaintiff need not to an&s;wer to the Barr, be it good or not, but he ought to maintain his Writ, for one ought not to recover upon an ill Writ, 12 H. 6. <HI>f.</HI> 4.</P>
<P>He which pleads &s;everall Tenancy, without that, that the other named with him hath any thing, he need not conclude to the VVrit, but vouch or plead in Barr, but the Demandant &s;hall not an&s;wer to the Barr, nor to the Voucher, but ought to maintain his VVrit, that they are Tenants, as the VVrit &s;uppo&s;es, 19 H. 6. <HI>f.</HI> 14.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Traver&s;e.</HEAD>
<DIV3 TYPE="section">
<HEAD>Where he ought not to traver&s;e, and where he ought, then what thing in the Plea &s;hall be traver&s;ed.</HEAD>
<P>BY <HI>Hu&s;&s;ey,</HI> in <HI>Precipe,</HI> if the Tenant plead that the Land is ancient Deme&s;ne, and pleadable by a &s;mall VVrit of Right clo&s;e, and he need not take Traver&s;e that it is not frank fee, for that, that the VVrit is but a Suppo|&s;all, 5 H. 7. <HI>fol.</HI> 13. And in <HI>Mortdance&s;ter,</HI> Tenant pleads Joynt-tenancy with the Father of the Demandant, and it is good without Traver&s;e, that he is &s;ole Tenant, for that, that this is but a Suppo&s;all; and by <HI>Tremail, fol.</HI> 14. of his Hor&s;e taken, the Defendant &s;aith, that <HI>J. S.</HI> &s;old the Hor&s;e to him in an open Market, or that the Hor&s;e was waived, or VVreck, or &s;uch like, there he need not tra|ver&s;e, for that, that this is matter in Law; and if he takes Traver&s;e he waives that matter in Law, 5 H 7. <HI>f.</HI> 6. accor|dingly, 2 <HI>Ed.</HI> 4. <HI>f.</HI> 9. <HI>&amp; Plowd.</HI> 23. <HI>A.</HI> By <HI>Hu&s;&s;ey</HI> &amp; <HI>Fair|fax,</HI> where a matter indeed is alleadged, by way of Bar, or in Covenant, then this ought to be traver&s;ed in every Ca&s;e, unle&s;s it be for the mi&s;cheif of Trial, as &s;pecial Ba&s;tar|dy is alleadged without Traver&s;e, it is goood for mi&s;chief
<PB N="476" REF="243">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="477" REF="243">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="478" REF="244">of Triall, 6 <HI>H.</HI> 7. <HI>f.</HI> 5. otherwi&s;e it is of matter of Suppo|&s;all, and in A&s;&s;i&s;e the Tenant pleads a Feoffment of <HI>J. S.</HI> the Plaintiff &s;aith, that this was upon Condition, and that <HI>J. S.</HI> entered for the Condition broken, and infeoffed him, and &s;o he confe&s;&s;eth and avoids, and for that he ought not to traver&s;e; and in <HI>Precipe quod reddat,</HI> again&s;t <HI>J. S.</HI> he &s;hall &s;ay, that he held ioyntly with <HI>J. D.</HI> not named in the VVrit, and take no Traver&s;e, for that, that it is but a Suppo&s;all; and in Tre&s;pa&s;&s;e of Goods taken, the Defen|dant &s;aith, they were the Goods of <HI>J. S.</HI> which made him and the Plaintif his Executors; the Plaintif &s;aith, that the Te&s;tator devi&s;ed, that after his Debts and Legacies paid, that he &s;hould have all the remainder, and &s;aith, that &s;uch and &s;uch are paid, which are all; the Defen|dant &s;aith, that &s;uch a Legacy was not paid, without that that the Plaintif alleadgeth were all, and he ought to tra|ver&s;e, for that, that it is a matter in deed.</P>
<P>Tre&s;pa&s;&s;e of Trees cut, the Defendant pleads, that <HI>J. S.</HI> was &s;ei&s;ed of an Acre whereof the Tre&s;pa&s;&s;e is par|cell in Fee, and let to him at will, and that he by his com|mandement cut the &s;aid Trees, and demands Judgement if Action, and this is no Plea without Traver&s;e, that is, without that, that it is the Soil of the Plaintif, 5 H. 5. <HI>fol.</HI> 8.</P>
<P>Tre&s;pa&s;&s;e, the Defendant conveys that his Father was &s;ei&s;ed in Fee, and that de&s;cended to him; the Plaintif pleads that <HI>J. D.</HI> infeoffed him, and ought to traver&s;e, without that, that the Father of the Defendant was &s;ei&s;ed in Fee, 27 H. 8. <HI>f.</HI> 9.</P>
<P>Tre&s;pa&s;&s;e, the Defendant pleads, that the place where, <HI>&amp;c.</HI> was his Free-hold; the Plaintif &s;aith, that <HI>J. S.</HI> was &s;ei|&s;ed in Fee, and let to him at will, and that the Defendant outed him, and di&s;&s;ei&s;ed <HI>J. S.</HI> and that the Plaintif at the command of <HI>J. S.</HI> re-entered, and the Tre&s;pa&s;&s;e mean be|tween the re-entry and the di&s;&s;ei&s;in, and the Defendant maintains his Barr, and he ought to traver&s;e the Lea&s;e, for that is mo&s;t material, 11 <HI>Ed.</HI> 4. <HI>f.</HI> 3.</P>
<P>Tre&s;pa&s;&s;e, the mo&s;t material matter &s;hall be traver&s;ed; and for that if a Gift in Tail, and dying &s;ei&s;ed be pleaded in Barr in Tre&s;pa&s;&s;e, the Gift is traver&s;able, and not the dying &s;ei&s;ed; &s;o in Tre&s;pa&s;&s;e, if the Defendant &s;aith, that a &s;tranger was &s;ei&s;ed, and infeoffed the Father of the De|fendant,
<PB N="479" REF="244">and that his father died &s;ei&s;ed, and that the De|fendant entered as Sonne, and Heire, nothing is traver|&s;able, but the la&s;t dying &s;ei&s;ed, for that is the effect of his Barr, by <HI>Neale,</HI> 15 <HI>Ed.</HI> 4. <HI>f.</HI> 2.</P>
<P>Tre&s;pa&s;&s;e, The Defendant &s;aith, that I was &s;ei&s;ed, and prote&s;ting died &s;ei&s;ed, and conveyed the di&s;cent to the Defendant; the Plaintiffe &s;aith, that <HI>M.</HI> enfeoffed him, by force of which he was &s;ei&s;ed, till the Defendant made a Tre&s;pa&s;&s;e, and the Defendant &s;aith, as above, without that, that the Plaintiffe was &s;ei&s;ed at the time of the Tre&s;pa&s;&s;e, but it is not good, for he ought to traver&s;e, and to &s;ay without that, that <HI>M.</HI> enfeoffed him, for that is the effect of the Replication, 19 <HI>H.</HI> 8. <HI>f.</HI> 7.</P>
<P>Tre&s;pa&s;&s;e, the Defendant pleads his Freehold, the Plain|tiffe &s;aith, that the Defendant let to <HI>A.</HI> for years, which granted his e&s;tate to <HI>B.</HI> which granted to him, the Defen|dant maintained his Barr, without that, that <HI>B.</HI> granted to the Plaintiffe, and is not good, for he conveys from the Defendant him&s;elf, and that is traver&s;able, and &s;aith, without that, that the Defendant let to <HI>A.</HI> But where an e&s;tate is conveyed all by &s;trangers, he may traver&s;e one conveyance or other, 10 <HI>H.</HI> 7. <HI>f.</HI> 8.</P>
<P>A&s;&s;i&s;e, the Defendant pleads Barr, and the Plaintiffe makes Title by a gift in Tail to his father, and dying &s;ei|&s;ed of his father, the gift is traver&s;able: but if it be by Feoffement of <HI>J. S.</HI> to his father, and dying &s;ei&s;ed of his Father, the dying &s;ei&s;ed is traver&s;able, 9 <HI>H.</HI> 6.22. and 10 <HI>H.</HI> 4.1. accordingly.</P>
<P>Me&s;ne, and counts that he held a hundred Acres by Feal|ty, of the Defendant and he over, <HI>&amp;c.</HI> the Defendant &s;aith, that the Plaintiffe held of him by Homage and Fealty, and ought to traver&s;e the acquittal, &amp; not the Tenure, 2 <HI>H.</HI> 5. <HI>f.</HI> 2.</P>
<P>Tre&s;pa&s;&s;e of clo&s;e broken, the Defendant faith, that <HI>J. S.</HI> and <HI>J. D.</HI> were &s;ei&s;ed in Fee, that <HI>J. S.</HI> enfeoffed the Ance&s;tor of the Plaintiffe, and <HI>J. D.</HI> enfeoffed the Defen|dant, and &s;o they hold as undivided, and the Plaintiffe &s;aith, that his Ance&s;tor died &s;ole &s;ei&s;ed of all, and this de&s;cended to him, without that he held as undivided, and it is no Plea, but he ought to traver&s;e the Feoffement made by <HI>J.D.</HI> to the Defendant, for the Plea is as good without (So) and for that in this Ca&s;e, that which comes after the (So) is not materiall, but whre it is materiall, it
<PB N="480" REF="245">is traver&s;able, and for that by <HI>Choke;</HI> Debt upon an Ob|ligation, the Defendant &s;aith, that he was a lay man, and not learned, and this Writing was read to him in place of an Acquittance, and &s;o this Obligation is not his Deed, now this which cometh after the (So) is materiall, 32 <HI>H.</HI> 6. <HI>f.</HI> 16. Tit. I&s;&s;ue 9.</P>
<P>Debt upon a Lea&s;e of four Acres, for four pounds of Rent, the Defendant demands Judgement of the Count, for that that the Plaintiffe let the four Acres, and a Rectorie for the four pounds, and ought to traver&s;e without that, that he let the four Acres onely, <HI>&amp;c.</HI> 35 <HI>H.</HI> 6. <HI>f.</HI> 38. and 18 <HI>Ed.</HI> 4. <HI>fol.</HI> 17.</P>
<P>One avowes for that, that the Plaintiffe held an Acre of him by twelve pence, the Plaintif &s;aith, that he held the &s;ame Acre, and another by &s;ix pence, without that, that he held of him by the &s;ame Services onely, and it is not good, but he &s;hall &s;ay, without that, that he held the &s;aid Acres in Manner and Form, 13 <HI>H.</HI> 7.25.</P>
<P>One avows, for that, that he held two acres by twenty &s;hil|lings of him, the Plaintif &s;aith, that he held the two Acres and two others in the &s;ame Town, by the Services of twelve &s;hillings, without that, that he held the two Acres onely by the Services of twenty &s;hillings in Manner and Form, as, <HI>&amp;c.</HI> this &s;eems good, 8 <HI>H.</HI> 7. <HI>f.</HI> 5.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where one ju&s;tifies at another day then the Plaintiffe alledges, and ought to traver&s;e onely, before the day of his iu&s;tifica|tion, and where, before and after, where onely after.</HEAD>
<P>TRe&s;pa&s;&s;e again&s;t the Sherif, of a Cow taken, the De|&s;endant ju&s;tifies, at the day after by a Precept he at|tached the Cow, and took her with him, without that, that he is guilty, before that Precept to him directed, and this &s;eems good, 9 <HI>H.</HI> 7. <HI>f.</HI> 6.</P>
<P>Tre&s;pa&s;&s;e of impri&s;onment &s;econd day of <HI>May,</HI> the fourth year, the Defendant iu&s;tifies the fourth day of <HI>Au|gu&s;t, Anno</HI> fourth afore&s;aid, by force of a Warrant of the Peace, <HI>&amp;c.</HI> which is the &s;ame Impri&s;onment, without that, that he is guilty before that day, and it is doubted if he ought to traver&s;e before and after, and there it &s;eems if one plead his Freehold &s;uch a day, after without that,
<PB N="481" REF="245">that he was guilty before, it &s;eems good. 5 <HI>Ed.</HI> 4. <HI>fol</HI> 12.</P>
<P>Tre&s;pas in Wood, 1. day of <HI>Augu&s;t,</HI> the Defendant ju|&s;tifies by pre&s;cription to have yeerly, twenty cart load there betwixt <HI>Michaelma&s;&s;e</HI> and <HI>Chri&s;tmas,</HI> and that &s;uch a day in <HI>November</HI> he took them, without that, that he is guilty before <HI>Michaelma&s;&s;e,</HI> and after <HI>Chri&s;tma&s;&s;e,</HI> and good, And the Plaintiffe &s;aith, that he knowledgeth the day that he counted, and traver&s;eth the pre&s;cription, and good, notwith&s;tanding he doth not maintain the day that he traver&s;eth; for it is in the election of the Plaintiffe to maintain the traver&s;e of the time, or to traver&s;e the &s;pe|ciall matter, as in tre&s;pas, <HI>Anno</HI> 7. The Defendant pleads Relea&s;e, <HI>Anno</HI> 6. without that he was guilty after the Re|lea&s;e, the Plaintiffe may &s;ay it is not his Deed, without maintaining the day. 10 <HI>Ed:</HI> 4. <HI>fol.</HI> 2. and 21 <HI>Ed:</HI> 4. <HI>fol:</HI> 79. the &s;ame of Relea&s;e pleaded, without that he was guil|ty afterwards.</P>
<P>Tre&s;pas, where one pleads a Relea&s;e, or Arbitrement at|ano ther day, he ought to traver&s;e all the time after the Relea&s;e, or after the Arbitrement; for all time before is extinct. But if he plead &s;uch a day, it is Free-hold, there he ought to traver&s;e all time before. And in Tre&s;pas of Corn taken the 6th day of <HI>July,</HI> the Defendant ju&s;tifies as Par&s;on the 10th of <HI>Augu&s;t,</HI> for that they were &s;evered from the 9th, without that, that he is guilty at another time: but after the Tythes &s;evered, and till they were dry, and it is good without traver&s;ing before and after, for it is yeerly, and not certain what day of the yeer. The &s;ame Law where one ju&s;tifies for Common after corne &s;owed, till cut: But otherwi&s;e it is for having Common from <HI>Lam|mas</HI> till <HI>Candlemas,</HI> there he ought to traver&s;e all the time before <HI>Lammas,</HI> and after <HI>Candlemas.</HI> 12 <HI>Ed:</HI> 4. <HI>fol:</HI> 6.</P>
<P>Tre&s;pas of a Clo&s;e broken fir&s;t day of <HI>May, Anno</HI> 8. the Defendant pleads that the Plaintiffe enfeoffed him, the 4th of <HI>May</HI> the yeer afore&s;aid, without that that he was guilty before the &s;aid 4th. day. And the Plaintiffe &s;aith that he did not enfeoffe him: and it is good, without main|taining the day which was traver&s;ed before. 15 <HI>Ed:</HI> 4. <HI>f:</HI> 23.</P>
<P>If the Defendant ju&s;tifie by Licence at another day, he ought to &s;ay without that, that he is guilty before or af|ter. 31 <HI>E:</HI> 4. <HI>fol:</HI> 9.</P>
<P>Tre&s;pas of Batterie, the Defendant ju&s;tifies at another
<PB N="482" REF="246">day before, yet he ought to traver&s;e without that, that he is guilty before or after. 30 <HI>H:</HI> 6. <HI>fol:</HI> 4.</P>
<P>Tre&s;pas of beating 1. day of <HI>July,</HI> the Defendant ju&s;ti|fies in defending him&s;elf the 2. day of <HI>July,</HI> he ought to &s;ay without that that he is guilty before or after. 2 <HI>R:</HI> 3. <HI>fol:</HI> 16.34 <HI>H:</HI> 6. <HI>fol:</HI> 14. the &s;ame. and 19 <HI>H:</HI> 6. <HI>fol:</HI> 47.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Where one &s;hall traver&s;e the Town, and where the County, and where not.</HEAD>
<P>TRe&s;pas, why he broke his Clo&s;e, and took his Reeds in <HI>B.</HI> it is no plea that the place is in <HI>D.</HI> in the &s;ame County, and not in <HI>B.</HI> but he ought to ju&s;tifie in <HI>D.</HI> the taking, as by pre&s;cription for repairing his hou&s;e, or any matter of ju&s;tification, without that, that he took in <HI>B.</HI> 9 <HI>H:</HI> 5. <HI>fol:</HI> 9. and 4 <HI>H:</HI> 7. <HI>fol:</HI> 5 by <HI>Hu&s;&s;ey.</HI></P>
<P>Tre&s;pas of goods in <HI>D.</HI> in the County of <HI>Middle&s;ex,</HI> De|fendant ju&s;tifies at <HI>S.</HI> in the County of <HI>D.</HI> by command|ment of <HI>J. S.</HI> in whom the property is, without that, that he is guilty in the County of <HI>Middle&s;ex:</HI> 22 <HI>Ed:</HI> 4.38.</P>
<P>Tre&s;pas of goods in one County, the Defendant may ju&s;tifie in another, and traver&s;e the County. 7 <HI>H.</HI> 6. <HI>f:</HI> 37.</P>
<P>Tre&s;pas of a Clo&s;e broken in <HI>D.</HI> the Defendant ju&s;tifies for common appendant in <HI>S.</HI> in the &s;ame County, he ought to traver&s;e without that, that he is guilty in <HI>D.</HI> 4 <HI>H:</HI> 6. <HI>fol:</HI> 13.</P>
<P>Tre&s;pas, why he broke his Clo&s;e in <HI>D.</HI> in the County of <HI>Darby,</HI> the Defendant cannot ju&s;tifie in <HI>S.</HI> in the County of <HI>N.</HI> in manner and form, and traver&s;e the County, but plead not guilty; for upon not guilty, the Jury cannot finde him guilty in another Town in another County: but in another Town in the &s;ame County they may, and for that he ought to traver&s;e. But in tre&s;pas of goods taken, or of Battery in <HI>D.</HI> the Defendant may ju&s;tifie in <HI>S.</HI> in the &s;ame County without travers. 9 <HI>H:</HI> 6. <HI>fol:</HI> 62.</P>
<P>Tre&s;pas of Fi&s;h taken in a Clo&s;e in little <HI>Henberry,</HI> the Defendant ju&s;tifies in great <HI>Henberry</HI> in the &s;ame County, without that, that he was guilty in little <HI>Henberry,</HI> and it is good. 19 <HI>H:</HI> 6.8. and 20 <HI>H:</HI> 6.29.</P>
<P>Tre&s;pas of A&s;&s;ault, Batterie, and Impri&s;onment in <HI>D.</HI> the defendant <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">u&s;tifies in <HI>S.</HI> in the &s;ame County for help|ing a woman, which the Plaintiffe would have robb'd at <HI>S.</HI>
<PB N="483" REF="246">and it is good, without traver&s;e, that is, without &s;aying, without that, that he is guilty in <HI>D.</HI> for it is a ju&s;tification in every place of the &s;aid County. 9 <HI>Ed:</HI> 4 <HI>fol:</HI> 26.</P>
<P>Tre&s;pas upon the Statute of <HI>Rich:</HI> the fifth yeer, for en|tring in 20. Acres of land in <HI>D.</HI> the defendant &s;aith, that <HI>J. S.</HI> was &s;ei&s;ed of 20 Acres in <HI>S.</HI> in the &s;ame County, and of them enfeoffed him, and ju&s;tifies, without that, that he entred into the Lands in <HI>D.</HI> and it is good. If he give co|lour in <HI>S.</HI> to have the Town par<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ell of the I&s;&s;ue, for in|veigling the Jury. 11 <HI>Ed:</HI> 4.9.</P>
<P>Tre&s;pas in <HI>D.</HI> of Bea&s;ts taken, the Defendant ju&s;tifies in <HI>S.</HI> in the &s;ame County doing dammage, without traver&s;e. The &s;ame Law of Battery. Yet &s;ee the Book. 18 <HI>Ed:</HI> 4.11.</P>
<P>Detinue of a delivery to the Defendant in <HI>D.</HI> in the County of <HI>D.</HI> to re-deliver to the Plaintiffe, the Defen|dant &s;aith that the &s;ame day and yeer at <HI>S.</HI> in the County of <HI>N.</HI> the Plaintiffe bought the goods of the Defendant for 10 li. upon condition, that if he payed the 10 li. &s;uch a day, that the Sale &s;hould be void; and that he did not pay at the day, without that that the Plaintiffe delivered them in the County of <HI>D.</HI> for to re-deliver, and admitted a good Plea. 8 <HI>H.</HI> 6. <HI>fol:</HI> 10.</P>
<P>Detinue of a delivery in one County, where it was de|livered in another: the Defendant may &s;ay, that the deli|very was in another County, without that it was delivered where the Plaintiffe counts; otherwi&s;e he &s;hall be twice charged. 33 <HI>H.</HI> 6. <HI>fol:</HI> 28.</P>
<P>By <HI>Nedham,</HI> in Debt upon a bargain, the Defendant &s;aith it was made upon condition at another place in the &s;ame County. The Plaintiffe may &s;ay that it was made &s;imply, without any condition, ready without traver&s;ing of the place, for that, that it is in the &s;ame County. But if the Condition were made in another County, there he ought to traver&s;e that it was made &s;imply where the Plaintiffe counted. 34 <HI>H:</HI> 6. <HI>fol:</HI> 32. And the &s;ame Law in detinue of chattels, and &s;ee a bargain traver&s;able, which is in effect the &s;ame conveyance, where he might have waged his Law 33 <HI>H.</HI> 6. <HI>fol:</HI> 25.</P>
<P>Account of Receit in <HI>London,</HI> by the hands of <HI>R.</HI> the Defendant &s;aith that he received them by the hands of <HI>R.</HI> in <HI>C.</HI> to deliver to the Plaintiffe him&s;elf, which he hath done without that, that he ever received them in <HI>London,</HI>
<PB N="484" REF="247">and good. 9 <HI>Ed:</HI> 4.48. and 22 <HI>H.</HI> 6.55.</P>
<P>Account of Rece&s;t of 10 Marks in <HI>London,</HI> the Defen|dant &s;aith he received them in <HI>Cornwall,</HI> to deliver them to <HI>J.S.</HI> which he hath done, without that, that he was his Re|ceiver in <HI>London,</HI> and it &s;eems a good plea. 9 <HI>Ed.</HI> 4. <HI>f.</HI> 48.</P>
<P>Tre&s;pas in the Pari&s;h of <HI>W.</HI> in <HI>D.</HI> in the County of <HI>E.</HI> the Defendant &s;aith that the place is called <HI>W.</HI> in <HI>D.</HI> in the County of <HI>K.</HI> and ju&s;tifies, without that, that <HI>W.</HI> is in the County of <HI>E.</HI> and not guilty &s;hall be entred. 34 <HI>H.</HI> 6. <HI>fol.</HI> 5.</P>
<P>Tre&s;pas of a bagge with money taken at <HI>C.</HI> the Defen|dant &s;aith, that the Plaintife delivered that to him at <HI>L.</HI> and it is not good, but that he delivered that to him at <HI>L.</HI> to deliver to <HI>J.S.</HI> which he did, without that, that he is guilty at <HI>C</HI> is good. 34 <HI>H.</HI> 6.9. and 19 <HI>H.</HI> 6. <HI>fol.</HI> 43.</P>
<P>Tre&s;pas of an Hor&s;e taken at <HI>D.</HI> in the County of <HI>M.</HI> the Defendant ju&s;tifies the taking for a Waife at <HI>S.</HI> in another County, without that, that he is guilty at <HI>D.</HI> and it &s;eems nothing &s;hall be entred but not guilty. Inquier 19 <HI>H.</HI> 7.27. and 22 <HI>Ed.</HI> 4.38. this was entred, and not the generall I&s;&s;ue.</P>
<P>Action upon the Ca&s;e for that, that the Defendant &s;old Woad to him at <HI>J.</HI> and there &s;hewed to him a peice, which is march<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ntable, and warranted the re&s;t to be as good as the example, where it is defective. The Defendant &s;aith, that he &s;old to him Woad at <HI>B.</HI> and warranted that, &amp;c. without that, that he &s;old at <HI>I.</HI> and is good. 14 <HI>H.</HI> 6. <HI>fol:</HI> 24.</P>
<P>Action upon the Ca&s;e upon A&s;&s;ump&s;it at <HI>London</HI> to cure his Hor&s;e; the Defendant &s;aith at <HI>Oxford</HI> he a&s;&s;umed to cure, &amp;c. without that, that he a&s;&s;umed at <HI>London,</HI> and it is good. 19 <HI>H.</HI> 6. <HI>fol:</HI> 49.</P>
<P>Tre&s;pas of beating at <HI>D.</HI> in the County of <HI>D.</HI> If the De|fendant ju&s;tifies at <HI>S.</HI> in the County of <HI>N.</HI> he ought to tra|ver&s;e the County. 9 <HI>H.</HI> 6.62. and 11 <HI>H.</HI> 6.20. the &s;ame.</P>
<P>Tre&s;pas of goods taken at <HI>E.</HI> the Defendant pleads that they were delivered to him at <HI>S.</HI> in the County of <HI>M.</HI> to deliver to the Plaintiffe, which he did, without that, that he was guilty at <HI>E.</HI> 19 <HI>H.</HI> 6.48.</P>
<P>In Tre&s;pas tran&s;itorie, where the Defendant ju&s;tifies in another County he onght to take traver&s;e. 29 <HI>H.</HI> 6.72. and 5 <HI>H.</HI> 4. <HI>fol:</HI> 3. the &s;ame. 22 <HI>Ed.</HI> 4. <HI>fol:</HI> 38.7 <HI>H.</HI> 6. <HI>fol.</HI> 37.10 <HI>H.</HI> 7. <HI>fol:</HI> 27.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="485" REF="247">
<HEAD>Yet ready.</HEAD>
<HEAD TYPE="sub">Where he &s;hall &s;ay Yet ready, and where not.</HEAD>
<P>DEtinue of a Che&s;t with Writings again&s;t Executors, it is no plea for them to &s;ay, that the Writings came to them &s;ealed, and that they were readie to deliver them, and yet are readie, unle&s;&s;e that they offer them to the Court; or to &s;ay that the thing is of &s;o great weight that they cannot bring them hither. 9 <HI>H.</HI> 6.65. and 22 <HI>Ed.</HI> 3. <HI>B<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ook.</HI> Alwayes ready. 6 <HI>Ed.</HI> 4. <HI>fol.</HI> 11.</P>
<P>44 <HI>Ed.</HI> 3. <HI>tit.</HI> 40. Dower, the Tenant &s;aith that he hath been alwayes ready to render Dower, and yet is. The De|mandant avers the contrary; upon which the Demandant &s;hall recover her Dower. But &s;he &s;hall not have a Writ to inquire of her dammages now, for that is the I&s;&s;ue, which &s;hall be tryed.</P>
<P>14 <HI>H.</HI> 8. <HI>fol:</HI> 28. Dower, if the Tenant come in at the fir&s;t day, and will aver that he was alwayes readie, and yet is, if the Demandant will not aver the contrary, that the De|mandant &s;hall not recover dammages. 5 <HI>Ed.</HI> 4. Dower 2. Where the Tenant imparles to another Tearm, he &s;hall not &s;ay, yet readie to render Dower.</P>
<P>21 <HI>Ed.</HI> 3. <HI>tit.</HI> 24. Dower, the Tenant alledges, that the Demandant deteins a Hamper of Evidences of that Land, and it, &amp;c. the Demandant &s;aith, That &s;he is, and alwayes hath been readie to deliver the Hamper, &amp;c. and for that &s;he &s;hall have judgement for thwith.</P>
<P>8 <HI>H.</HI> 6. <HI>fol.</HI> 15. Tre&s;pas, the Defendant pleads an Arbi|trement, which was to pay 10 li. if the day be pa&s;t, he &s;hall &s;ay that he hath been alwayes readie, and yet is, and bring the money into the Court.</P>
<P>22 <HI>H.</HI> 6. <HI>fol:</HI> 45. Debt upon an Obligation endor&s;ed up|on Condition, to perform an award to pay 20 s. before <HI>Chri&s;tmas</HI> la&s;t pa&s;t, if he tendered before the day, and the other refu&s;ed, he &s;hall not &s;ay yet ready afterwards. In|juire.</P>
<P>Dower, where the Tenant ca&s;ts an E&s;&s;oyn, he is not e&s;topped to &s;ay, yet readie to render Dower. 14 <HI>H.</HI> 6. 4. See in Debt by <HI>Hank.</HI> 11 <HI>H.</HI> 4.60. and 7 H. 4. <HI>fol:</HI> 16.</P>
<P>Debt, where the Defendant comes inupon the di&s;tre&s;&s;e,
<PB N="486" REF="248">he may &s;ay yet readie. 7 <HI>H.</HI> 4.11. and 8 <HI>Ed.</HI> 4. <HI>fol:</HI> 11. the &s;ame.</P>
<P>Debt after Imparlance, the Defendant cannot plead yet readie. 36 <HI>H.</HI> 6. 14.</P>
<P>Annuitie where the Defendant comes in at the di&s;tre&s;&s;e, he cannot &s;ay yet readie. 2 <HI>H.</HI> 4. <HI>fol:</HI> 4.</P>
<P>Debt, Proce&s;&s;e continued till the di&s;tre&s;&s;e, return <HI>Nihil</HI> and proceeds to the <HI>Capias, pluries,</HI> and the Defendant cometh in, and &s;aith that he was alwayes ready, and yet is. 11 <HI>H.</HI> 4. <HI>fol:</HI> 6.</P>
<P>Debt upon an Obligation, to &s;tand to the award, and the award was to pay at &s;uch a place; the Defendant may &s;ay that he was alwayes readie at the place, without &s;aying yet readie, and without tendring the money in Court. 11 <HI>H.</HI> 6.27. See 22 <HI>H.</HI> 6. <HI>fol:</HI> 39. the rea&s;on in this ca&s;e.</P>
<P>Debt upon an Obligation to pay a le&s;&s;er &s;umme at &s;uch a day, for the Defendant to &s;ay that he was ready at the place, and offered, and the Plaintiffe refu&s;ed, it is no plea; but &s;hall &s;ay, that he hath been alwayes readie, and yet is, and tender the money in Court, for otherwi&s;e the Plain|tiffe &s;hall not have remedie. 7 <HI>Ed:</HI> 4.3. But &s;ee 7 <HI>H.</HI> 4.19. and 2 <HI>Ed:</HI> 4.3. by <HI>Choke.</HI></P>
<P>Detinue of Deeds again&s;t Executors, they ought to &s;ay, that they were readie, and yet are; for otherwi&s;e they &s;hal pay dammages, 22 <HI>Ed:</HI> 3. <HI>tit.</HI> 37. Alwayes ready.</P>
<P>Debt upon an Obligation, condition to pay 10 li. &s;uch a day, and place; and the Defendant tenders that at the day and place, and the Plaintiffe receives there part, and re&s;pits the re&s;t untill an agreement be made between them, and after the Plaintiffe requires it, and the Defendant refu&s;eth to pay it; yet he &s;hall not forfeit the penalty; for this is &s;aved by the fir&s;t tender. But now by the Court, he ought to tender it in Court.</P>
<P>And where one is bound in 10 l. upon condition to pay five pound, at &s;uch 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 &s;hall have the money in Court ready, 7 <HI>Ed:</HI> 4. <HI>fol:</HI> 3. See 5. <HI>H.</HI> 4.</P>
<P>Debt upon an obligation, the condition to pay &s;o much money as <HI>B.</HI> &s;hall appoint for the taking of the bea&s;ts of the Plaintiffe, and the Defendant &s;aith, that <HI>B.</HI> appointed 10 l. which he tendered, and the Plaintiffe refu&s;ed it
<PB N="487" REF="248">judgment if action, and it is a good plea without &s;aying yet ready, for the condition is to do a collatterall act, and this 10 l. is collatteral, and for that he &s;hal not &s;ay yet rea|dy. But if one be bound in 20 l. and the condition to pay 10 l. there if he &s;ay that he offered the 10 l. at the day, and the Plaintiffe refu&s;ed it, yet he &s;hall &s;ay yet ready, for the 10 l. are parcell of 20 l. and for the 10 l. he cannot have action, 19 <HI>H.</HI> 8. <HI>fol:</HI> 12. and 22 <HI>H</HI> 6. <HI>fol:</HI> 45.</P>
<P>Debt upon an obligation, the condition that <HI>J. S.</HI> &s;hould perform the covenants of an Indenture, the Defendant al|ledges them performed &s;pecially, and one Covenant was, that <HI>J: S:</HI> &s;hould pay to the Plaintiffe 10 l. and he &s;aid that he offered it to him, and the Plaintiffe refu&s;ed by <HI>Fitzh:</HI> and <HI>Shelley,</HI> he need not &s;ay yet ready, 27 <HI>H.</HI> 8. <HI>fol.</HI> 1.</P>
<P>Debt upon an obligation, The Defendant &s;aith that it is endorced upon condition that if the <HI>Prior</HI> of <HI>W.</HI> made an obligation to the Plaintiffe before &s;uch a day, that then &amp;c. And &s;aith that the <HI>Prior</HI> tendered that to the Plain|tiffe, and he refu&s;ed it, and &s;hall nor &s;ay yet ready, for it is a thing out of his power, and to be made by a &s;tranger, 10 <HI>H</HI> 6. <HI>fol:</HI> 17.</P>
<P>If a man be bound in 20 l. and the condition is to pay 10 l. if the Defendant plead in debt upon the obligation, that he tendred the 10 l. at the day, and the Plaintiffe re|fu&s;ed it, yet he &s;hall &s;ay yet ready. But if the condition were, that <HI>J. S:</HI> &s;hould pay at the day to the Plaintiffe, and the Plaintiffe refu&s;e, he &s;hall not &s;ay yet ready, 14 <HI>H.</HI> 6. <HI>fol:</HI> 24.</P>
<P>Debt upon an obligation, of 10 l. the Defendant pleads that after by Indenture of defe&s;ance, the Plaintiffe granted that if the Defendant paied unto him 20 s. &s;uch a day, that then the obligation &s;hould be void, and &s;aith that he tendred to him the 20 s. at the day, and he refu&s;ed it, and by <HI>Pri&s;ot,</HI> he &s;hall not &s;ay yet ready, 33 <HI>H.</HI> 6. <HI>fol:</HI> 2.</P>
<P>Debt upon an obligation, the condition to pay a le&s;&s;e &s;um, this le&s;&s;e &s;um is parcell of the &s;um in the obligation, and for that the Defendant &s;hall &s;ay yet ready, but other|wi&s;e it is, where the condition is to &s;tand to the award or other collatteral matter, there the Defendant &s;hall not &s;ay yet ready, 20 <HI>Ed:</HI> 4. <HI>fol:</HI> 2.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="488" REF="249">
<HEAD>The Court Roll.</HEAD>
<P>THe Court Baron of <HI>W. T.</HI> <NOTE PLACE="marg"><HI>Prebend of</HI> I&s;lington.</NOTE> Gentleman Farmer of <HI>R. F.</HI> Clark, Prebend of the preben dary afore&s;aid, there to be held the <HI>Tue&s;day,</HI> that is the 6 day of <HI>May:</HI> the year of the Reign of our Soveraign Lady <HI>Elizabeth</HI> by the grace of God. Queen of <HI>England, France,</HI> and <HI>Ireland,</HI> defender of the faith, the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">oth.</P>
<P><HI>L. H.</HI> by <HI>W. I.</HI> e&s;&s;oyned of Common. <NOTE PLACE="marg">E&s;&s;oyne. Homagers.</NOTE></P>
<P>Jury <HI>J. H, J. P, T. G, R. M, R. H, R. E, T. L, R. W, R. B, W. R, T. W.</HI></P>
<P>Fir&s;t they &s;ay upon their Oath, <NOTE PLACE="marg"><HI>Default of the</HI> Free|holders.</NOTE></P>
<P><HI>W. A,<ABOVE>4d.</ABOVE> J. H,<ABOVE>4d.</ABOVE></HI> and <HI>R. B,<ABOVE>4d.</ABOVE></HI> are Freeholders of this Man|nour, and owe &s;uit to the Court, and at this day have made default. Therefore every of them in the mercy, as it ap|pears upon their heads.</P>
<P>Al&s;o they &s;ay upon this Oath, <NOTE PLACE="marg">De&s;: Te|nants by Copie of the Rol<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">.</NOTE> that <HI>W. J.<ABOVE>2d.</ABOVE></HI> and <HI>J. R.<ABOVE>2d.</ABOVE></HI> are Tenants by the Copy of the Rolls of this Court, and owe Suit to the Court, and at this day made default, therefore either of them in the mercy, as it appears above upon their heads.</P>
<P>Al&s;o they pre&s;ent that <HI>W. J.</HI> which held of the Lord freely one hou&s;e, <NOTE PLACE="marg">Death.</NOTE> and 30 acres of Meddow, and Pa&s;ture with the appurtenances, within this Lord&s;hip by fealty, &s;uite of Court, and by the yearly Rent of 6 d. dyed of &s;uch an e&s;tate &s;o &s;eized, and that <HI>R. J.</HI> is &s;on and next heir of the afore&s;aid <HI>W. J.</HI> and is of the Age of 10 years, and came to Court, the afore&s;aid <HI>W. J.</HI> and payeth to the Lord for releif <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">d and made his fealty.</P>
<P>Al&s;o they &s;ay upon their Oath, <NOTE PLACE="marg">Alienation.</NOTE> that <HI>G. B.</HI> which of the Lord held freely one Cottage, one Orchard, and 6 acres of m<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ddow with the appurtenances, by his deed indented bearing date the 6th. day of <HI>January,</HI> the year of the reign, of the &s;aid Queen, gave, granted, bargained, and &s;old, all and &s;ing <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">lar the premi&s;es afore&s;aid with their appurtenan|ces to <HI>R. K.</HI> of &amp;c. to have and to hold all and &s;ingular the premi&s;es afore&s;aid, with their appurtenances afore&s;aid, to the &s;aid <HI>R. K.</HI> his heirs and A&s;&s;ignes, of the chief Lords of the fee, by the Rents, Services, and cu&s;tomes there fir&s;t
<PB N="489" REF="249">due, and of right accu&s;tomed, and the premi&s;es doth hold of the Lord of this Mannor, by fealty, Suite of Court, &amp; by the yearly Rent of 12 d. And at this Conrt the &s;aid <HI>R. K.</HI> made to the Lord his fealty.</P>
<P>Al&s;o they &s;ay upon their Oath, <NOTE PLACE="marg">Legacie.</NOTE> that <HI>W. A.</HI> which held of the Lord freely one hou&s;e or tenement <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> and 20 Acres of Land called <HI>H.</HI> by fealty, &s;uite of Court, and by the yearly rent of 6 d. dyed thereof &s;ei&s;ed, And by his la&s;t Will made in Writing, bearing date the 28th. of <HI>September,</HI> the year of the Reign of the afore&s;aid Queen the 19th. bequeathed the hou&s;e or Tenement, and the afore&s;aid 20 Acres of land to certain <HI>R. A.</HI> and <HI>T. A.</HI> his &s;ons, by the name of all his Lands, Tenements, and Hereditaments, Scituate, Lying and being in <HI>J.</HI> afore&s;aid, to have and to hold the afore&s;aid me&s;&s;uage or tenement, &amp;c. And the afore&s;aid 20 Acres of Land, to the &s;aid <HI>R. A.</HI> and <HI>T. A.</HI> their Heirs and A&s;&s;ignes for ever, to the poper u&s;e and behoof of <HI>R.</HI> and <HI>T.</HI> &amp; their Heirs and A&s;&s;ignes for ever. Therefore it is commanded to the Bayliffe, that he &s;hould di&s;train the afore&s;aid <HI>R. A.</HI> and <HI>T. A.</HI> according to the form of the Statute in that ca&s;e provided, to pay his Releif, and likewi&s;e let them be di|&s;trained to make their fealty. <NOTE PLACE="marg">Surrender.</NOTE></P>
<P>Al&s;o they &s;ay upon their Oath, that <HI>R. R.</HI> cu&s;tomary te|nant of this Mannor, out of the Court, &s;urrendered into the hands of the Lord, by the hands of <HI>W. T.</HI> and <HI>R. M.</HI> two cu&s;tomary tenants of this Mannor, according to the cu&s;tome of this Mannor. All that me&s;&s;uage, and 30 acres of meddow, feeding and Pa&s;ture, with the appurtenances, late in the tenure, or occupation of <HI>R. B.</HI> to the u&s;e and behoof of <HI>R. R.</HI> for tearm of his naturall life, &amp; after the de|cea&s;e of the &s;aid <HI>R. R.</HI> then to the u&s;e and behoof of <HI>T. B.</HI> and the heirs of the body of the &s;aid <HI>T.</HI> lawfully begotten, and for defect of &s;uch i&s;&s;ue, of the body of the &s;aid <HI>T. B.</HI> lawfully begotten, the remainder thereof to <HI>J. J.</HI> the &s;on of <HI>R. J.</HI> of <HI>J</HI> afore&s;aid Gentleman, his heirs and a&s;&s;ignes for ever, and they &s;ay that the afore&s;aid <HI>R.</HI> dyed, and now at this Court afore&s;aid <HI>T. B.</HI> came and reque&s;ted to be ad|mitted to all and &s;ingular the premi&s;es afore&s;aid, and at this Court the Lord by <HI>J. K.</HI> his &s;teward granted him &s;ei|&s;in thereof by the rod, to have and to hold to the &s;aid <HI>T. B.</HI> and the heirs of his body lawfully begotten, and for de|fect of &s;uch i&s;&s;ue, the remainder to the u&s;e and behoof of
<PB N="490" REF="250">the &s;aid <HI>J. J.</HI> and his heirs for ever, and the afore&s;aid <HI>T. B.</HI> gave to the Lord a fine 4 pound, and made to the Lord his fealty, and is admitted tenant thereof.</P>
<P>To this Court it is witne&s;&s;ed by <HI>W. T.</HI> &s;teward, <NOTE PLACE="marg">Surrender taken by the Ste|ward.</NOTE> that <HI>W. N.</HI> lying very &s;ick 10 day of <HI>A.</HI> the year of the Reign of the afore&s;aid Lady the Queen 19. &s;urrendred into the hands of the Lord, by the hands of the &s;aid &s;teward, (the Court being ab&s;ent) in the pre&s;ence of <HI>R. C. R. P.</HI> and <HI>C. H.</HI> one tenement called <HI>Miles</HI> in which lately dwelt <HI>W. G.</HI> with all his lands and tenements within the prebend of <HI>J:</HI> to the u&s;e and behoof of <HI>M.</HI> his wife for tearm of her life, and a&s;ter the de&s;ea&s;e of the &s;aid <HI>M.</HI> the remainder to <HI>W. T.</HI> &s;on of the fore&s;aid <HI>W.</HI> the father, and <HI>E:</HI> daughter of the &s;aid <HI>W:</HI> the father, and &s;i&s;ter of the afore&s;aid <HI>W.</HI> their &s;ons and heirs upon this condition, notwith&s;tanding following, that if it happen any of the afore&s;aid <HI>W.</HI> the &s;on, and <HI>E:</HI> the daughter, to dye without heirs of their body i&s;&s;uing, that then he or &s;he, which did &s;urvive, &s;hall have &amp; enjoy the te|nement afore&s;aid to them and their heirs for ever. And up|on this came into this Court the afore&s;aid <HI>M.</HI> &amp; did de&s;ire to be admitted into the Tenement afore&s;aid with the ap|purtenances, to whom the Lord by <HI>J. K.</HI> his &s;teward grant|ed thereof &s;ei&s;m by the rod, to have to him in form afore|&s;aid at the will of the Lord, according to the cu&s;tome of the Mannor, and gave to the Lord for his fine for his en|trance there had, as it appears, &amp;c. and made his fealty, and is admitted thereof Tenant.</P>
<P><HI>Item,</HI> <NOTE PLACE="marg">The death of a Co|heir.</NOTE> at this Court it was found by the Homagers, that one <HI>W. W.</HI> one of the &s;ons and Coheirs of <HI>R. W.</HI> dead, which &s;urely <HI>W.W.</HI> held of the Lord to him &amp; his heirs, ac|cording to the cu&s;tom of this Mannor, the half of two me&s;|&s;uages or tenements, and one garden with the appurte|nances, in <HI>J:</HI> and long before this Court dyed thereof &s;ei|&s;ed within the age of 10 years, and in the keeping of one <HI>R. M.</HI> according to the cu&s;tome of the Mannor, and that <HI>S. W:</HI> is brother and &s;ole heir of the afore&s;aid <HI>W. W.</HI> and of full age, who being here pre&s;ent in the Court, de&s;ired to be admitted Tenant, to all the lands and tenements cu&s;to|mary, of which the &s;aid <HI>W: W:</HI> dyed thereof &s;ei&s;ed, that is to the half of two me&s;&s;uages or tenements, a Toft and gar|den with the appurtenances within the Mannor, to which the Lord by his &s;teward <HI>J. K.</HI> granted to him &s;ei&s;in there|of,
<PB N="491" REF="250">to have and to hold to him and his heirs of the Lord by the rod, at the will of the Lord, according to the cu|&s;tome of the Mannor afore&s;aid, by the rent, cu&s;tome, and &s;ervices there fir&s;t due and accu&s;tomed, 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.</P>
<P>Al&s;o to this Court came <HI>J: T:</HI> <NOTE PLACE="marg">Surrender in Court.</NOTE> and &s;urrendred into the hands of the Lord, 10 acres of land, either more or le&s;&s;e, with the appurtenances called <HI>S.</HI> 4 acres of pa&s;ture, either more or le&s;&s;e, called <HI>B.</HI> and 4 acres of meddow, be it more or le&s;&s;e, called <HI>K.</HI> cu&s;tomary, to the u&s;e and behoof of <HI>R. B.</HI> Gentleman his heirs and a&s;&s;igns for ever by the rod, at the will of the Lord according to the cu&s;tome of the Mannor afore&s;aid, to which <HI>R.B.</HI> the Lord by his Steward granted to him thereof &s;ei&s;in, to have to him and his heirs of the Lord by the rent of 10 s. yearly, and other &s;ervices then fir&s;t 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.</P>
<P>Al&s;o the Homagers &s;ay upon their Oath, that on <HI>R: S:</HI> <NOTE PLACE="marg">Death.</NOTE> which held of the Lord as a Parcener by the cu&s;tome of the Mannor, nine Acres of cu&s;tomary Land, with a grange, together with <HI>T: S:</HI> his brother to him and to his Heirs, dyed &s;ince the la&s;t Court &s;o &s;ei&s;ed, and that one <HI>J: S:</HI> his &s;on and next heir of the &s;aid <HI>R.</HI> to the half afore&s;aid, of the Land and Grange afore&s;aid, and is of the Age of 8 years. And upon this as wel the cu&s;tody of the afore&s;aid <HI>F:</HI> as the Land and grange afore&s;aid, were committed to one <HI>S:</HI> I: as his. next freind, &amp;c. And found &s;urety to the Court <HI>E: N</HI> to re&s;tore to the afore&s;aid <HI>J.</HI> of the profits thereof, when he &s;hould come to the age of 14 years.</P>
<P>Al&s;o they &s;ay upon their Oath, that <HI>R: W:</HI> <NOTE PLACE="marg">Encre<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> ment.</NOTE> encroached upon the wa&s;t of the Lord, at <HI>C:</HI> in length 20 rods, and in bredth one rod, therefore he in mercy, &amp;c. And it is or|dained, that he &s;hall lay out the &s;ame before the fea&s;t of St. <HI>John</HI> Bapti&s;t next, under the pain of forfeiting to the Lord for every Rod, &amp;c.</P>
<P>Al&s;o they &s;ay upon their Oath, that <HI>G: B:</HI> <NOTE PLACE="marg">Re<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ous.</NOTE> Bayliffe of the Lord, &s;uch a day and year, &amp;c. within the Lord&s;hip di|&s;trained, <HI>H: S:</HI> for the Lords rent, then by that fore&s;aid <HI>H:</HI> behind and not paid, and that the afore&s;aid <HI>H:</HI> then and<PB N="492" REF="251">there made Re&s;cous upon the &s;aid <HI>G: B:</HI> therfore he in the mercy &amp;c.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Pleas in Court Baron.</HEAD>
<P>R. <HI>H.</HI> complaineth again&s;t <HI>C: E:</HI> and <HI>A:</HI> his wife, <NOTE PLACE="marg">Formedon in Remain|der.</NOTE> of a Plea of Land, that is to &s;ay, of one hou&s;e, two Cotta|ges, 20 Acres of Meddow, and 20 Acres of Pa&s;tor with the appurtenances in <HI>J:</HI> within the Juri&s;diction of this Court, and made prote&s;tation to pro&s;ecute the Suit, in forme and nature, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> a Writ of the Queens, of the forme of a gift in remainder at the common-Law, and found &s;ureties to pro|&s;ecute that Suit, in forme and nature afore&s;aid, that is <HI>J.H.</HI> and <HI>R: M:</HI> and de&s;ires forthwith proce&s;&s;e to be made for him, according to the cu&s;tome of the Mannor afore&s;aid, a|gain&s;t the afore&s;aid <HI>C:</HI> and <HI>A:</HI> his wife, &amp;c. Therefore ac|cording to the cu&s;tome of this Mannor, u&s;ed time out of minde. It is commanded to the under Ba<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">liffe of thi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Man|nor afore&s;aid, and the Officer of the fore&s;aid Court, that he &s;hould &s;ummon by good &s;ummoners, the afore&s;aid <HI>C:</HI> &amp; <HI>A:</HI> that they &s;hould be before the &s;uitors of the Court afore|&s;aid, the next Court of the Mannor afore&s;aid, the <HI>Tue&s;day</HI> &s;uch a day, held at the Mannor afore&s;aid, to an&s;wer to the afore&s;aid <HI>R: H:</HI> of the afore&s;aid Plea, &amp;c. The &s;ame day is given to the afore&s;aid <HI>R:</HI> here, &amp;c. To which truly next Court, came a&s;well the afore&s;aid <HI>R: H:</HI> as the afore&s;aid <HI>C:</HI> and <HI>A:</HI> by <HI>J: R:</HI> their Attorney, And the afore&s;aid Officer of the Court afore&s;aid, returned here in the Court, that that he by vertue of the command afore&s;aid to him di|rected, had &s;unimoned the afore&s;aid <HI>C:</HI> and <HI>A:</HI> by good &s;ummoners, that is by <HI>J: D:</HI> and <HI>R: R:</HI> to be here at this Court to an&s;wer the afore&s;aid <HI>R: H</HI> of the afore&s;aid Plea, of the afore&s;aid one hou&s;e: <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Cottages 20 Acres of Land, 20 Acre: of Meddow, and 20 Acres of Pa&s;ture with the appurtenances, as it was commanded him, &amp;c.</P>
<P>And upon this the &s;aid <HI>R: H:</HI> demandeth again&s;t the &s;aid <HI>C:</HI> <NOTE PLACE="marg">Count.</NOTE> and <HI>A&punc;</HI> the tenements afore&s;aid with the appurtenan|ces, as his right and Inheritance, &s;aying, that one <HI>W: H:</HI> was &s;ei&s;ed of the tenements afore&s;aid, with the appurte|nances, in his deme&s;ne as of Fee, at the will of the Lord, according to the cu&s;tome of the manner afore&s;aid, And &s;o being &s;ei&s;ed, according to the cu&s;tome of this Mannor,
<PB N="493" REF="251">time out of mind, u&s;ed and allowed at the Court of the Mannor, held at <HI>J:</HI> within the precinct of the Mannor, the afore&s;aid <HI>Tue&s;day,</HI> next after the fea&s;t of P: the year of the Reign of our Soveraign Lady Queen <HI>Eliz:</HI> 22. by <HI>J.A.</HI> and <HI>T: P:</HI> deputy Bayliffes of the Mannor afore&s;aid, in the pre|&s;ence of <HI>T: C: T: S: R: L: J: M: Y: R.</HI> and <HI>J: B:</HI> are te|nants of the Lord of the Mannor afore&s;aid, &s;urrendred into the hands of the Lord, the tenements afore&s;aid, with the appurtenances, to the u&s;e and behoof of one <HI>M:</HI> then the wife of the afore&s;aid <HI>W: H:</HI> to be held for tearm of her life, and after the decea&s;e of the &s;aid <HI>M:</HI> the afore&s;aid Tene|ments with their appurtenances, &s;hould wholly remain to one <HI>J: H.</HI> &s;on of <HI>N: H:</HI> brother of the afore&s;aid <HI>W: H:</HI> and to the heirs of his body lawfully begotten, and for defect of &s;uch I&s;&s;ue of the &s;aid <HI>J:</HI> the afore&s;aid tenements with the appurtenances, &s;hould wholly remain to one <HI>E: H:</HI> daughter of the afore&s;aid <HI>W:</HI> to be held to her and her heirs of her Body lawfully begotten, and for defect of &s;uch I&s;&s;ue of the &s;aid <HI>E.</HI> the afore&s;aid tenements with the appurte|nances, &s;hould wholly remain to the right heirs of the a|fore&s;aid <HI>W: H:</HI> and his heirs for ever.</P>
<P>By vertue of which &s;urrender, the afore&s;aid <HI>M:</HI> was &s;ei|&s;ed of the tenements with the appurtenances, in his de|ine&s;ne as of freehold, at the will of the Lord, according to the cu&s;tome of the Mannor afore&s;aid: in the time of peace, time of the afore&s;aid Queen <HI>Eli&s;abeth,</HI> taken then the pro|fits to the value &amp;c. And from the &s;aid <HI>M.</HI> remained right by the form of the &s;urrender afore&s;aid, according to the cu&s;tome of the Mannor afore&s;aid, <HI>J: H:</HI> by which the &s;aid <HI>J:</HI> was &s;ei&s;ed of the tenements afore&s;aid, with the appur|tenances in his deme&s;ne as of fee tayl, at the will of the Lord, according to the cu&s;tome of the Mannor afore&s;aid, by forme of the &s;urrender afore&s;aid, in the time of peace, in time of our Lord <HI>Edward</HI> late King of <HI>England</HI> the &s;econd, taking then the profits to the value &amp;c. and from the &s;aid <HI>J:</HI> after the death of the afore&s;aid <HI>Elizab:</HI> (for that both of them, the afore&s;aid <HI>J.</HI> and <HI>E:</HI> dyed without heirs of their body lawfully begotten) the right remainder by the forme of the &s;urrender afore&s;aid, according to the cu&s;tome of the Mannor afore&s;aid, to the &s;aid <HI>R: H:</HI> which now de|mands, that is to &s;ay, as the &s;on and heir of <HI>W: F:</HI> brother and heir of the afore&s;aid <HI>W: H:</HI> and therefore produceth this Suite.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="494" REF="252">
<HEAD>Plaints of Mortdancester.</HEAD>
<P>R. <HI>C:</HI> Complains again&s;t <HI>W: L:</HI> and <HI>E:</HI> his Wife of a Plea of Land, that is to &s;ay, of one hou&s;e, 30 Acres of Med|dow, and a 100 Acres of Pa&s;ture, with the appurtenances in <HI>J:</HI> within the Juri&s;diction of this Court, and made pro|te&s;tation to pro&s;ecute his complaint in forme and nature of a Writ of the Queens, <HI>A&s;&s;i&s;e</HI> of the death of his Ance&s;tor at the Common-law &amp;c. And de&s;ired proce&s;&s;e for that, to be made according to the cu&s;tome of this Mannor, in form and nature of this Writ afore&s;aid, to be directed to the Bayliffes and Officers of this Court. And that the &s;aid Bayliffe and Officers by the command and precept of the Lord of this Mannor, <NOTE PLACE="marg">Where all are Copi|holders.</NOTE> and according to the cu&s;tome of the &s;aid Mannor, &s;hould &s;ummon by good &s;ummons, twelve ho|ne&s;t and lawfull men of the homage of this Mannor, at the next Court to be kept within the Mannor, ready to know by their Oath, if <HI>R: C:</HI> Father of the afore&s;aid <HI>R:</HI> was &s;ei|&s;ed in his deme&s;ne as of fee, at the will of the Lord accor|ding to the cu&s;tome of the Mannor, the day that he dyed, of and in one hou&s;e, 30 Acres of Medow, and a 100 Acres of Pa&s;ture, of cu&s;tomary Lands of this Mannor, with the appurtenances called <HI>C.</HI> within the juri&s;diction of this Court; the day that he dyed, And if the &s;aid <HI>R.</HI> the father dyed within 50 years now la&s;t pa&s;t, and if the afore&s;aid <HI>R:</HI> the &s;on be the next heir of the afore&s;aid <HI>R:</HI> the father, and in the mean time they &s;hould view the Lands and Tene|ments afore&s;aid. And that they &s;hould &s;ummon by good &s;ummoners, the afore&s;aid <HI>W:</HI> and <HI>E:</HI> which hold the &s;aid lands and tenements, that they &s;hould be here to hear the Recognitors, and &s;hould find &s;ureties to pro&s;ecute their Suite afore&s;aid, <HI>J.D: R: R.</HI></P>
<P>And late here at this Court came the afore&s;aid <HI>W: J:</HI> in his own per&s;on, <NOTE PLACE="marg">Bar.</NOTE> and &s;aith that the afore&s;aid <HI>R:</HI> father of the &s;aid complainant was not &s;ei&s;ed in his deme&s;n as of fee, at the will of the Lord, according to the cu&s;tome of this Mannor, day that he dyed, of the afore&s;aid hou&s;e, and 30 Acres of Meddow, and a 100 Acres of Pa&s;ture with the ap|purtenances in manner and forme, as by the afore&s;aid complainant is fir&s;t &s;uppo&s;ed, and this he de&s;ires might be inquired by the <HI>A&s;&s;i&s;e,</HI> and the &s;aid Complainant likewi&s;e.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="495" REF="252">
<HEAD>Entry in the by, and to whom.</HEAD>
<P>TO this Court came <HI>J: N:</HI> in his proper per&s;on, &amp; com|plaineth again&s;t <HI>T: M:</HI> of a Plea of Land, that is to &s;ay, of one hou&s;e, one garden, and one Orchard with the appur|tenances, and found &s;ureties to pro&s;ecute his &s;uit afore&s;aid that is <HI>J:</HI> D. and <HI>R: R.</HI> and doth prote&s;t to pro&s;ecute his &s;uite afore&s;aid, of the afore&s;aid hou&s;e, garden, and orchard, with the appurtenances in <HI>J:</HI> in nature and forme of a writ of entrance, of our Lady the Queen in the (by) and (to which.) Saying that the &s;aid hou&s;e and garden with the appurtenances are his right and Inheritance, according to the cu&s;tome of the Mannor afore&s;aid, and into which the afore&s;aid <HI>T: M:</HI> hath no entry but by <HI>El:</HI> late the wife of <HI>W: M:</HI> and the daughter of <HI>R: P:</HI> to which afore&s;aid <HI>R:P.</HI> and <HI>M:</HI> his wife, they demi&s;ed, which &s;ince unju&s;tly and without judgement, di&s;&s;ei&s;ed <HI>R: N:</HI> by <HI>rem:</HI> of the &s;aid <HI>J: N:</HI> within 50 years la&s;t expired, &amp;c. And de&s;ires pro|ce&s;&s;e thereof to be made to him again&s;t the afore&s;aid <HI>T: M:</HI> according to the cu&s;tome of the Mannor, therefore accor|ding to the cu&s;tome of the Mannor it was commanded, <HI>J: B:</HI> under Bayliffe of the &s;aid Mannor, and Officer of the Court afore&s;aid, that according to the cu&s;tome of the Man|nor afore&s;aid, he &s;hould &s;ummon by good &s;ummoners, the afore&s;aid <HI>T: M:</HI> that he &s;hould be here at the next Court, that is the fourth day of <HI>M.</HI> next comming, here to be held to an&s;wer to the afore&s;aid <HI>J: N:</HI> of the Plea afore&s;aid, &amp;c. The &s;ame day is given to <HI>J. N:</HI> here, &amp;c.</P>
<P>To this Court came <HI>A: B:</HI> Citizen and Mercer of <HI>L.</HI> <NOTE PLACE="marg">Common Recovery in a Right Patent.</NOTE> in proper per&s;on, and complained again&s;t <HI>W: W:</HI> of a Plea of land, that is of one hou&s;e, one garden, and one Acre of land with the appurtenances in <HI>J:</HI> held of this Mannor, by copy of Court Roll, of this Mannor, and made prote&s;tati|on to pro&s;ecute his complaint afore&s;aid, in the Court a|fore&s;aid, in forme and nature of a Writ of one Lady the Queen of right Patent at the Common-law, according to the cu&s;tome of the Mannor afore&s;aid, And found pledges to pro&s;ecute his complaint afore&s;aid, here in the &s;aid Court, that is <HI>J: D:</HI> and <HI>R: F:</HI> and de&s;ired proce&s;&s;e there|of to be made to him, again&s;t the afore&s;aid <HI>W: W:</HI> accor|ding to the cu&s;tome of the Mannor afore&s;aid, therefore ac|cording to the cu&s;tome of the Mannor afore&s;aid, it was commanded <HI>J: S:</HI> Bayliffe of the Mannor afore&s;aid, and
<PB N="496" REF="253">Officer of this Court, that he &s;hould &s;ummon the afore|&s;aid <HI>W: W:</HI> &s;o that he &s;hould be here at the next Court of this Mannor afore&s;aid, here, that is the <HI>Saturday</HI> the fourth day of <HI>J:</HI> to be held, to an&s;wer the afore&s;aid <HI>A: B:</HI> of the Plea afore&s;aid, and that he then have there the names of the &s;ummoners, and this precept. And the &s;ame day is gi|ven to the demandant here, &amp;c. And late, that is to &s;ay, to this Court came the afore&s;aid <HI>W: W:</HI> in his proper per&s;on, and in the full Court here <HI>gratis</HI> offered to an&s;wer to the afore&s;aid <HI>A: B:</HI> of the plea afore&s;aid by good &s;ummonitors, that is <HI>J: D:</HI> and <HI>R. R:</HI> according to the cu&s;tome of the Mannor afore&s;aid, and upon this lately to this Court the a|fore&s;aid <HI>A: B:</HI> that is in proper per&s;on, came and deman|ded again&s;t the &s;aid <HI>W: W:</HI> the hou&s;e afore&s;aid, the garden and acre of land, afore&s;aid with appurtenances in <HI>J:</HI> afore|&s;aid, held of this Mannor by Copy of Court Roll, as his right and inheritance, and whereof he &s;aith, that he him|&s;elf was &s;ei&s;ed of the tenement afore&s;aid with the appur|tenances in his deme&s;ne as of &s;ee and right, according to the cu&s;tome of the Mannor afore&s;aid in time of peace, in the time of our Lady the now Queen, taking the profits to the value, &amp;c. And that &s;o is his right, he offereth, &amp;c. And the fore&s;aid <HI>W: W:</HI> came and defendeth his right, when &amp;c. and this &s;ei&s;in, of which &s;ei&s;in &amp;c. As of fee and right &amp;c. and e&s;pecially of the tenements afore&s;aid with the ap|purtenances and all &amp;c. And puts him&s;elf upon the ho|magers afore&s;aid of our Queen of this Court afore&s;aid, ac|cording to the cu&s;tome of the Mannor afore&s;aid, and de|&s;ires an acknowledgment to be made, whether he hath more right to hold the tenements afore&s;aid with the ap|purtenances, as he holds, or the afore&s;aid <HI>A. B.</HI> to have the afore&s;aid tenements with the appurtenances as he a|bove demandeth, &amp;c. And the afore&s;aid <HI>A: B:</HI> demandeth licen&s;e to con&s;ider thereof till the 11th. houre before noon of the &s;ame day, and had it, &amp;c. And the &s;ame houre was given to the afore&s;aid <HI>W:</HI> here, &amp;c.</P>
<P>And after the &s;aid <HI>A: B:</HI> returned here into the Court, the &s;elf &s;ame day at the afore&s;aid houre in proper per&s;on, and the afore&s;aid <HI>W: W:</HI> though he were &s;olemnly warned, came not, but in contempt of the Court departed, &amp; made default, therefore according to the cu&s;tome of the Mannor afore&s;aid, It is con&s;idered by the Court that the afore&s;aid <HI>A: B:</HI> &s;hould recover his &s;ei&s;in again&s;t the &s;aid <HI>W: W:</HI> of the
<PB N="497" REF="253">tenements afore&s;aid with their appurtenances according to the cu&s;tome of the Mannor afore&s;aid, to hold to the &s;aid <HI>A: B:</HI> and his heirs according to the cu&s;tome of the &s;aid Mannor, quiet from the &s;aid <HI>W: W:</HI> and his heirs for ever, and the &s;aid <HI>W:W:</HI> in the mercy &amp;c. And now to this Court the Lord, in execution of judgment, and recovering afore|&s;aid by his Steward, granted to the afore&s;aid <HI>A: B:</HI> of the Tenements afore&s;aid with the appurtenances, &s;ei&s;in to hold to him and his heirs and a&s;&s;ignes by the Rod, at the will of the Lord according to the cu&s;tome of the mannor, and made to the Lord then fine and fealty, and then was admitted Tenant.</P>
<P>And after, that is to &s;ay, at the &s;ame Court, the afore&s;aid <HI>A: B:</HI> then pre&s;ent came, and the afore&s;aid <HI>W: W:</HI> &s;urren|dred into the hands of the Lord, the tenement afore&s;aid with the appurtenances, to the u&s;e and behoofe of the fore&s;aid <HI>A: B:</HI> his heirs and a&s;&s;ignes for ever, and further, the afore&s;aid <HI>W: W,</HI> remi&s;ed and relea&s;ed, and altogether for him and his heirs for ever quite, claimed to <HI>A: B:</HI> his heirs and a&s;&s;ignes in their full and peceable po&s;&s;e&s;&s;ion, and &s;ei&s;in, day at the making of the&s;e pre&s;ents, according to the cu&s;tome of the &s;aid Mannor, of and in the tenements a|fore&s;aid, with their appurtenances, the whole right, title, &s;tate, claim, intere&s;t, or demands what&s;oever, which he e|ver had, hath, or any way hereafter may have, of or in the tenements afore&s;aid with their appurtenances, or in any parcell thereof; &s;o that neither the afore&s;aid <HI>W.W.</HI> nor his heirs, or any other of them any right, title, &s;tate, claim, in|tere&s;t, or demand of, or in the Tenements afore&s;aid, with their appurtenances, nor in any parcel of them from hence may challenge, claim or pretend unto, nor &s;hal do hereafter but from all action of the Law, title, claim, u&s;e, intere&s;t and demand thereof, be for ever excluded, and every of them excluded for ever by the&s;e pre&s;ents, And further the &s;aid <HI>W:W.</HI> granteth for him and his heirs, that he will warrant the tenements afore&s;aid with the appurtenances to the a|fore&s;aid <HI>A: B:</HI> and his heirs, again&s;t all men for ever.</P>
<P>To this Court &amp;c. came <HI>W.T:</HI> &s;on and heir of <HI>W: T:</HI> <NOTE PLACE="marg">Common recovery in entry in the Po&s;t.</NOTE> dead and is admitted tenant by the rod of one Feild called <HI>C:</HI> containing by e&s;timation 8 Acres of medow with the ap|purtenances in <HI>J:</HI> afore&s;aid whether more or le&s;&s;e, with the appurtenances to have to him and his heirs at the will of
<PB N="498" REF="254">the Lord, according to the cu&s;tome of the Mannor afore|&s;aid, and paid to the Lord for his entrance &s;o had, &amp;c. and made his fealty, &amp;c.</P>
<P>And after to the &s;ame Court came the &s;aid <HI>W: T:</HI> and &s;urrendred into the hands of the Lord, in the &s;ame Court afore&s;aid, the feild called <HI>C:</HI> containing by e&s;timation 8 a|cres of meddow, either more or le&s;&s;e, lying in <HI>J:</HI> afore&s;aid with the appurtenances, who&s;e we&s;tern part abouts upon a certain way called <HI>K:</HI> and the northern head thence abut|ting upon a clo&s;e late <HI>S:W:</HI> to the u&s;e and behoof of <HI>M:M:</HI> and his heirs for ever, and upon this came the afore&s;aid <HI>M: M:</HI> and de&s;ired of the Lord in the &s;ame Court to be ad|mitted tenant to the afore&s;aid 8 acre; of meddow with their appurtenances, to have and to hold to him and his heirs for ever, at the will of the Lord, according to the cu|&s;tome of the Mannor afore&s;aid, making and rendring there|of rent, &s;ervices, and cu&s;tomes, before due and accu&s;tomed, to whom the Lord by his Steward, granted &s;ei&s;in thereof, by the Rod, at the will of the Lord, according to the cu|&s;tome of the Mannor afore&s;aid, and payd to the Lord for a fine for &s;uch an entrance, for him to have 53s. 4d. and made to the Lord fealty, and then was admitted tenant.</P>
<P>And after, that is to &s;ay, to the &s;ame Court came <HI>R. M.</HI> and <HI>W. M.</HI> and complained again&s;t the afore&s;aid <HI>M. M.</HI> of a plea of land, that is of the afore&s;aid 8 acres of meddow, and made prote&s;tatiou to follow the complaint, in forme and nature of a Writ of the Queens, of entring upon di&s;|&s;ei&s;in in the po&s;t, and upon this the afore&s;aid <HI>R.</HI> and <HI>W.M.</HI> in their proper per&s;ons, demand again&s;t the afore&s;aid <HI>Mi|chall M.</HI> the afore&s;aid 8 acres of meddow with the appur|tenances in <HI>J.</HI> within the juri&s;diction of this Court, as their right and inheritance, and into which the &s;aid <HI>M. M.</HI> had no entrance, but after di&s;&s;ei&s;in, which <HI>H. H.</HI> thereof, and without judgment made to the afore&s;aid <HI>R.</HI> and <HI>W.</HI> within 30 years la&s;t pa&s;t &amp;c. And whereof they &s;ay that they were &s;ei&s;ed of the afore&s;aid 8 acres of meddow with the appurtenances in their deme&s;ne as of fee, and right, at the will of the Lord, according to the cu&s;tome of the Mannor afore&s;aid, taking the profits thereof to the value, &amp;c. and in which &amp;c. and &s;o bring their &s;uit, &amp;c.</P>
<P>And the afore&s;aid <HI>M.M.</HI> in his proper per&s;on comes and defends his right, when, &amp;c. and called into warranty the
<PB N="499" REF="254">afore&s;aid <HI>W.T.</HI> which is pre&s;ent here in Court in his pro|per per&s;on, and willingly, the afore&s;aid eight Acres of Meadow, with the appurrenances, did warrant unto him, <HI>&amp;c.</HI> and upon this, the afore&s;aid <HI>R.</HI> and <HI>W.M.</HI> do de&s;ire again&s;t the &s;aid <HI>W.T.</HI> Tenant by his warranty, the afore|&s;aid eight Acres of Meadow, with the appurtenances in his Deme&s;ne, as of Fee and Right, at the Will of the Lord, according to the cu&s;tome of the Mannor afore&s;aid, in the time of Peace, in the time of the Queen that now is, taking the profits thereof, to the value, <HI>&amp;c.</HI> and in which and, &amp;c. and thereof bring their Suit, &amp;c.</P>
<P>And the afore&s;aid <HI>W.T.</HI> Tenant, by the warranty, de|fendeth his Right, when, &amp;c. and further then calls to warranty <HI>C.D.</HI> which likewi&s;e is pre&s;ent in Court, in pro|per per&s;on, and <HI>gratis</HI> the afore&s;aid eight Acres of Mea|dow, with the appurtenances to him, doth warrant, &amp;c. and upon this, the &s;aid <HI>R.</HI> and <HI>W.M.</HI> do de&s;ire again&s;t the &s;aid <HI>Chri&s;topher,</HI> Tenant to the warranty, the afore&s;aid eight Acres with the appurtenances, whereof they &s;ay, that he him&s;elf was &s;ei&s;ed of the &s;aid eight Acres of Mea|dow, with the appurtenances in his Deme&s;ne as of Fee, and Right, at the will of the Lord, according to the cu&s;tome of the &s;aid Mannour, at the &s;aid time, in the time of Peace, in the time of our Lady the Queen, now, ta|king the profits thereof, to the value, &amp;c. and in which, &amp;c. and therefore bring their Suit, &amp;c</P>
<P>And the &s;aid <HI>R.</HI> and <HI>W.M.</HI> de&s;ire Licence of talking to|ther, and had it, &amp;c. and after the &s;aid <HI>R.</HI> and <HI>W.M.</HI> retur|ned here into the Court, to the &s;ame Court in their pro|per per&s;ons, and the afore&s;aid <HI>T.</HI> though he were &s;olemnly &s;ummoned returned not, but in contempt of the Court departed and made default, therefore it is granted that the afore&s;aid <HI>R.</HI> and <HI>W.M.</HI> &s;hould recover their Sei&s;in again&s;t the &s;aid <HI>M. M.</HI> of the afore&s;aid eight Acres of Meadow, with the appurtenances, &amp;c. and that the &s;aid <HI>M.M.</HI> &s;hould have of the Land of the afore&s;aid <HI>W.T.</HI> to the value, &amp;c. and that the &s;aid <HI>W.T.</HI> further &s;hould have of the Land of the afore&s;aid <HI>C.D.</HI> to the value, &amp;c. and the &s;ame <HI>C.</HI> in the mercy, &amp;c. and upon this, the afore|&s;aid <HI>R.</HI> and <HI>W.M.</HI> do de&s;ire a Precept to give to them full Sei&s;in of the afore&s;aid eight Acres of Meadow, with the appurtenances to be directed to an Officer of the a|fore&s;aid
<PB N="500" REF="255">Court, and it was granted to them retrunable here immediately, &amp;c. and afterwards, tha is to &s;ay, the fir&s;t of <HI>Aprill,</HI> came here into the Court, the afore&s;aid <HI>R.</HI> and <HI>W. M.</HI> in their proper per&s;ons, and the Office of the Court, that is to &s;ay, <HI>R.W.</HI> and certified the Court afore&s;aid, that by vertue of the Precept afore&s;aid, to him &s;o di|rected, the &s;aid fir&s;t day of <HI>April,</HI> he made to have to the afore&s;aid <HI>R.</HI> and <HI>W.M.</HI> full &s;ei&s;in of the afore&s;aid eight A|cres of Meadow, with the appurtenances, as by the Precept afore&s;aid, he was commanded, &amp;c.</P>
<P>And after, that is to &s;ay, at the very &s;ame Court, the afore&s;aid <HI>R.</HI> and <HI>W. M.</HI> and the afore&s;aid <HI>W. T.</HI> then beeing pre&s;ent, came and &s;urrendred into the hands of the Lord, in the &s;ame Court, the afore&s;aid eight Acres of Meadow, with the appurtenances, to the u&s;e and behoof of the a|fore&s;aid <HI>M. M.</HI> his Heires, and A&s;&s;ignes, to whom the Lord by his Steward afore&s;aid, granted then Sei&s;in by the Rod, to have and hold to him and his Heirs, at the will of the Lord, according to the cu&s;tome of the Mannour afore&s;aid, &amp;c. and further the afore&s;aid <HI>R.</HI> and <HI>W. M.</HI> and <HI>W.T.</HI> remi&s;wed, relea&s;ed, and altogether for them and their Heirs, for ever quite claimed to the afore&s;aid <HI>M:M.</HI> his Heirs, and A&s;&s;igns in his full and peaceable po&s;&s;e&s;&s;ion, and Sei&s;in, appearing in the full Court, all the Right, Title, State, Claim, Intere&s;t, or demands what&s;oever, which they ever had, have, or any way hereafter may have, of, or in the afore&s;aid eight Acres with the appurtenances, or in a|ny parcell thereof, &s;o that, that neither the afore&s;aid <HI>R.</HI> and <HI>W.M.</HI> and <HI>W.T.</HI> nor their Heirs, or any of them, any Right, Title, State, Claim, Intere&s;t, or demand, of or in the afore&s;aid eight Acres of Meadow, with the Appur|tenances, or in any parcell thereof, &amp;c. nor ought here|after, but from all Action of the Law, Title, claims, U|&s;es, Intere&s;t, and demands, from thence to be demand|ded, are excluded, and every of them is excluded for e|ver by the&s;e pre&s;ents, and further the afore&s;aid <HI>W.T.</HI> grants for him an his Heirs, that they will warrant the afore&s;aid eight Acres of Meadow, with the appurtenances, to the afore&s;aid <HI>M.M.</HI> and his Heirs, again&s;t all men for ever, &amp;c.</P>
<P>4. <HI>H.</HI> 8. <HI>Tit.</HI> Recovery in value, 27 in Fine, and 23 <HI>H.</HI> 8. <HI>Tit.</HI> Recovery in value, 27. Recovery again&s;t the
<PB N="501" REF="255">Husband and wife, where the wife is Tenant in Tail, and they vouch over, and the Demandant recovers again&s;t the Husband and wife, and they over in value, this &s;eems &s;hall bind the Tail, and the Heire of the wife.</P>
<P>23 <HI>H.</HI> 8. <HI>Title,</HI> Tail, 32. Double voucher, in Entrie in the <HI>Po&s;t,</HI> barrs the Tail, becau&s;e of the recompence, but &s;ingle voucher &s;hall not barr, but the E&s;tate Tail which he had time of the Recovery in po&s;&s;e&s;&s;ion; but if he were in of another E&s;tate, time of that Recovery it is no Barr.</P>
<P>23 <HI>H.</HI> 8. <HI>Tit.</HI> Recovery in value 27. Entrie in the <HI>Po&s;t</HI> again&s;t Tenant for life, to bind the Fee in Rever&s;ion, Te|nant ought to pray aid of him in remainder, and they ought to vouch.</P>
<P>25 <HI>H.</HI> 8. <HI>Tit.</HI> Recoverie in value, 33. where Tenant for life vouches a &s;tranger, and the Demandant recovers, and he over in value, this &s;hall not go to him in Rever&s;ion, and &s;hall not bind him.</P>
<P>27 <HI>H.</HI> 8. <HI>Tit.</HI> Recovery in value 28. Tenant in Tailremain|der over Entrie in the <HI>Po&s;t,</HI> gain&s;t Tenant in Tail and he vouches over, this is a recompence, and &s;hall barr the re|mainder.</P>
<DIV3 TYPE="section">
<HEAD>Pleas in Court Baron. Count upon Lending.</HEAD>
<P>J.<HI>S.</HI> complains again&s;t <HI>T.D.</HI> in a Plea of Debt, of thirty Shillings four pence, for that, that is to &s;ay, &amp;c. and thereof the &s;ame <HI>J.S.</HI> by <HI>W. T.</HI> his Attorney &s;aith, that when the afore&s;aid <HI>T.D.</HI> tenth day of <HI>February,</HI> the year of the Reigne of <HI>Elizabeth</HI> now Queen of <HI>England</HI> twentieth, at <HI>I&s;lington,</HI> within the Jurisdiction of this Court, borrowed of the afore&s;aid <HI>J.S.</HI> the afore&s;aid thirty &s;hillings four pence, to be paid to the &s;ald <HI>J.S.</HI> when he was required, notwith&s;tanding the afore&s;aid <HI>T.D.</HI> though he hath been often required, the afore&s;aid thirty &s;hillings and four pence, hath not re&s;tored it to the &s;aid <HI>J.S.</HI> but to him to pay them as yet hath denied, and yet doth denie, upon which he &s;aith that he is damnified, and hath lo&s;&s;e to the value of ten &s;hil|lings, and thereof bringeth his Suit.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="502" REF="256">
<HEAD>Form of a Plaint in a Court Aaron upon buying of Oyland Madder, <HI>&amp;c.</HI></HEAD>
<P><HI>G.B.</HI> complaineth agrin&s;t <HI>R.C.</HI> in a Plea of Debt thir|ty Shillings four pence, for that, that is to &s;ay, that when the afore&s;aid <HI>R.C.</HI> eleventh day of <HI>April,</HI> the year of of the Lord, 1540. at <HI>J.</HI> within the Jurisdiction of this Court, bought of the &s;aid <HI>G. B.</HI> fourteen gallons of oyl, called Meat oyl, for fifteen Shillings and three pence, one Hundred of Madder for fifteen &s;hillings &amp; a penny, to be paid to the &s;aid <HI>G.B.</HI> when he &s;hould be required, which truly in all doth amount to the &s;um of the afore&s;aid thirty Shillings four pence; notwith&s;tanding the afore|&s;aid <HI>R.C.</HI> although he hath been often reque&s;ted the &s;aid thirty Shillings four pence, to the &s;aid <HI>G.B.</HI> hath not re|&s;tored, but that to him as yet to re&s;tore, hath denied, and yet doth denie, by rea&s;on whereof, he is the wor&s;e, and hath lo&s;&s;e to the value of ten Shillings, and therefore bringeth his &s;uit, &amp;c. and the fore&s;aid <HI>R.G.</HI> by <HI>J.A.</HI> his Attorney comes and defends the force and injury, when, <HI>&amp;c.</HI> and &s;aith, that he doth not owe to the afore&s;aid <HI>G.B.</HI> the afore&s;aid thirty Shillings and four pence, nor any pen|ny thereof, in Form, in which the &s;aid <HI>G.B.</HI> complains a|gain&s;t him, therefore it is con&s;idered, that the &s;aid <HI>R.C.</HI> &s;hould wage his Law, and put in two Sureties for the Law, <HI>J.M.</HI> and <HI>R.J.</HI> and &s;hould come with his Law here, at the next Court, in proper per&s;on, and it is &s;aid to the a|fore&s;aid Attorney, of the afore&s;aid <HI>R. T.</HI> that then he &s;hould have here the &s;aid <HI>R.C.</HI> his Ma&s;ter, in his proper per&s;on, to fini&s;h his Law afore&s;aid, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Plaint for accu&s;ing a man of Pelony, and impri&s;oning him.</HEAD>
<P>T.H. complaines again&s;t <HI>S. D.</HI> for that, that is to &s;ay, that when the &s;aid Complaint a true and faithfull Liege-man and Subject of our Lady the Queen now, and of her Progenitors of the Kingdom of <HI>England,</HI> from the time of his Birth did appear, alwayes, and as a true Liege|man of our &s;aid Lady the Queen, and all her Progeni|tors afore&s;aid, from all the time afore&s;aid, without any Crime of Theft, &s;tealing, Felony, or any other notorious Crime what&s;oever, from the time of his Birth hitherto, hath carried, had, and kept him&s;elf, and &s;o with all hone&s;t
<PB N="503" REF="256">men was reputed and accounted, by rea&s;on of which name of Honor, Fame, and Cover&s;ation, the &s;ame Com|plainant much and great gain and profit to the mainte|nance of his Living did get and had: the fore&s;aid De|fendant notwith&s;tanding not ignorant of the Premi&s;es, the eighteenth Day of <HI>July,</HI> the year of the Reign of our Lady <HI>Elizabeth,</HI> the &s;ixth at <HI>J.</HI> within the Juri&s;diction of this Court, out of his meer malice, and ill minde, threat|ning and envying the good Report, Living, Degree, &s;tate, and condition of the &s;aid Plaintiff, and to blot it, and to bring the Complainant into an ill name, and Dan|ger of his Life, as much as in him lay, &s;poke certain fal&s;e, malicious, and &s;candalous words of the afore&s;aid Com|plainant, and did publi&s;h and openly &s;ay, that <HI>T. H.</HI> (meaning the &s;aid Complainant) hath robbed me of forty pounds of money, by rea&s;on of which &s;candalous and fal&s;e words, proclaiming and publi&s;hing, the &s;aid Plaintiff not onely in his good name and &s;ame, for which afore|time he was know and reputed, with many hone&s;t men, and cheifly with J.A. Inholder, greatly hurt and wronged he did appear, and did incurr and fall into great Infamy and Di&s;credit with the &s;aid J. H. and many other of the &s;aid Queens now, faithfull Subjects. Likewi&s;e <HI>W. G.</HI> and <HI>W. C.</HI> the Con&s;tables of <HI>L.</HI> afore&s;aid, by rea&s;on of an ill opinion by them conceived, by rea&s;on of the &s;aid Scan|dall again&s;t the fore&s;aid Complainant, publi&s;hed then by rea&s;on of the open &s;peaking of tho&s;e words, that the fore|&s;aid Complainant was guilty of the Felony afore&s;aid, afterwards, that is to &s;ay, the eighteenth Day of <HI>July,</HI> they took the Complainant, and impri&s;oned him in a Pri|&s;on of the &s;aid Queens, called, <HI>&amp;c.</HI> Scituate, <HI>&amp;c.</HI> In which Pri&s;on the &s;aid Plaintiff from the &s;aid eighteenth Day of <HI>Iuly,</HI> till the twentieth Day of the &s;ame Moneth of <HI>Iuly</HI> for the cau&s;e afore&s;aid was detained, which twentieth Day of <HI>Iuly</HI> the Plaintiff from the &s;aid Pri&s;on to the Pri|&s;on, <HI>&amp;c.</HI> of the &s;aid Queens in, <HI>&amp;c.</HI> Scituate, <HI>&amp;c.</HI> was re|moved, and then, and there impri&s;oned, and in pri&s;on from the &s;aid twentieth Day of <HI>Iuly,</HI> till the eight and twenty Day of the &s;aid Moneth of <HI>Iuly,</HI> for the &s;aid cau&s;e was detained &s;o that the &s;ame Plaintiff, not onely &s;uffered and &s;u&s;tained great Co&s;t and Charges by the occa&s;ion of his Re&s;traint and Impri&s;onment, but al&s;o lo&s;t wholly
<PB N="504" REF="257">many great profits and gaines, which of the &s;aid Subjects he might have gained for his maintenance and living, if the &s;aid &s;candalous and malicious words &s;o openly pro|claimed had not occa&s;ioned it, to the lo&s;&s;e of the &s;aid Plaintiff, <HI>&amp;c.</HI> three and thirty &s;hillings and four pence, and thereof brings his Suit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Tre&s;pa&s;s, Plaint for walking with his Feet.</HEAD>
<P><HI>J.R.</HI> complaineth again&s;t <HI>T. B.</HI> that is to &s;ay, in a Plea why by force and armes, the Clo&s;e of the &s;aid J. R. at <HI>D.</HI> he broke, and his Gra&s;&s;e to the value of five and thirty &s;hillings and eight pence, there late growing, walking with his Feet trod down and &s;poiled, and other Injuries offered to him, to the great lo&s;&s;e of the &s;aid J. R. and a|gain&s;t the peace of our Lady the Queen now, <HI>&amp;c.</HI> and whereof the &s;aid J. R. &s;aith, that when the afore&s;aid <HI>T.B.</HI> the &s;even and twentieth Day of <HI>Ianuary,</HI> in the year of the Reign of the &s;aid Queen now the fourth, by force and armes the Clo&s;e of the &s;aid J. R. at <HI>D.</HI> broke, and his Gra&s;&s;e to the value, <HI>&amp;c.</HI> there late growing, walking with his Feet, there trod down and con&s;umed, and other Inju|ries, &amp;c. to the great lo&s;&s;e, &amp;c. and again&s;t the Peace, &amp;c. whereof he &s;aith, he is made wor&s;e, and damnified to the value, &amp;c.</P>
<P>And the &s;aid <HI>T.</HI> in his proper per&s;on came, and defen|ded the force and Injury, when, &amp;c. and &s;aith, that he in nothing is guilty of the Tre&s;pa&s;&s;e afore&s;aid, as the afore|&s;aid J. above complaines again&s;t him; and of this puts him&s;elf upon the Countrey, the afore&s;aid Plaintiff like|wi&s;e, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Entry of the great Cape.</HEAD>
<P>A. VVhich was the VVi&s;e of <HI>C. J.</HI> by <HI>A B.</HI> her Attor|ney, offered her &s;elf to this Court again&s;t <HI>T. J.</HI> of a Plea of the third part of a Hou&s;e, and twenty Acres of Land, with the Appurtenances in <HI>J.</HI> which the &s;ame <HI>A.</HI> in this Court claimes as her Dowry, of the Gift of the afore|&s;aid <HI>I. C.</HI> in times pa&s;t her Husband, for that the Tene|ments afore&s;aid are within this Lord&s;hip, and the VVo|men, which after the Death of their Husbands of Tene|ments
<PB N="505" REF="257">in <HI>J.</HI> afore&s;aid, being dowable, according to the Cu&s;tome of the &s;aid Mannour time out of minde u&s;ed, of the third part thereof, ought to be endowed, &amp;c. and they came not, and &s;ummoned, &amp;c. therefore by the Judge|ment the third part of the afore&s;aid, with the Appurte|nances, &s;hould be taken into the Lords hands, &amp;c. and day, &amp;c. they &s;hould be &s;ummoned, that they be here at the next Court, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Precept of the great Cape.</HEAD>
<P><HI>J.K.</HI> Steward to the Bailiff thereof, health, take into the Lords hands, by the view of good and lawfull men of this Mannour, the third part of one Hou&s;e, and twenty Acres of Land, with the Appurtenances in <HI>I.</HI> which <HI>A. I.</HI> this Court, &amp;c. doth claim again&s;t <HI>T. I.</HI> late of I. as the Dower of the &s;aid A. of the Gift of the afore&s;aid <HI>C. I.</HI> in time pa&s;t her Husband, by a VVrit of Dower, whereof &s;he hath nothing, by the default of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> &s;aid <HI>T.</HI> and the &s;ame taking certifie me of, and &s;ummon by good Summoners the afore&s;aid <HI>T.</HI> that he be here at the next Court, there to an|&s;wer, and to &s;hew why he was not here at the la&s;t Court, as he was &s;ummoned, and have here the names of tho&s;e by whom, &amp;c. you made the Summons, witne&s;&s;e, &amp;c:</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Entry of a &s;mall Cape.</HEAD>
<P><HI>T.Q.</HI> E&s;quire, and <HI>I.</HI> his VVife, by their Attorney of|fered them&s;elves the fourth day again&s;t A. B. of <HI>I.</HI> and A. his VVife of a plea of the third part of eight Me&s;|&s;uages, and eighty Virges of Land, with the Appurte|nances in <HI>I.</HI> which the afore&s;aid <HI>T.</HI> and <HI>I.</HI> in this Court, claim as the Dower of the &s;aid <HI>I.</HI> of the Gift of <HI>G. S.</HI> in time pa&s;t her Husband, again&s;t them, and they did not come, and had from thence day untill this day, that is to &s;ay, the tenth day, &amp;c. after other they appeared here in Court, therefore by the Judgement the third part with the Appurtenances &s;hould be taken into the hands of the Lord, and they &s;ummoned, &amp;c. that they be here in the day, &amp;c. to hear their Judgement, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="506" REF="258">
<HEAD>Precipe of Summons upon a right Patent, &amp;c.</HEAD>
<P><HI>J.K.</HI> Steward, to the Bailiff of the Mannour afore&s;aid, health, &amp;c. <HI>I. S.</HI> complaines again&s;t <HI>I. D.</HI> in a plea of Land, and makes Prote&s;tation to follow the Suit, in the nature of a VVrit of our Lord the Kings, of a right Pa|tent; and therefore I command you, that according to the Cu&s;tome of this Mannour, you &s;hall &s;ummon by good Summonitors the afore&s;aid <HI>I. D.</HI> to be here at the next Court, here to be held &s;uch a day, to an&s;wer in the Plea afore&s;aid, and have there this Precept, and how, &amp;c. da|ted, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Precept upon A&s;&s;i&s;e of Mortdance&s;ter.</HEAD>
<P><HI>J.K.</HI> Steward to the Bailiff of the Mannour afore&s;aid, health; becau&s;e <HI>I. S.</HI> complaines as above, therefore I command you that y<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> &s;ummon by good Summons, 12. free and lawfull men Tenants of the fore&s;aid Mannour, that they before me the afore&s;aid Steward at the next Court there to be held, that is to &s;ay, the <HI>Tue&s;day</HI> 19. day of <HI>Sep|tember,</HI> next coming, at the hour of eight before noon of the &s;ame day, ready by their Oath to know, if <HI>T. S.</HI> Father of the &s;aid <HI>J.S.</HI> was &s;ei&s;ed in his Deme&s;ne as of Fee, of two Hou&s;es, and with the Appurtenances in <HI>D.</HI> within the Juri&s;|diction of this Court, the Day that he died, and if he died within forty years now la&s;t pa&s;t, and if the &s;aid <HI>J.S.</HI> be his next Heir, and in the mean time let them view the &s;aid two Hou&s;es, and make their names to be entered, and &s;ummon by good Summoners the afore&s;aid <HI>J.</HI> and <HI>D.</HI> which now hold the afore&s;aid Hou&s;es and Lands, that then they be there to hear that Return, and have here the Summons, and this Precept, Dated, &amp;c. under my Seal, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>To make to have Po&s;&s;e&s;&s;ion.</HEAD>
<P>J.K. Steward, to the Bailiff thereof health, know that <HI>A. B.</HI> in the Court held &s;uch a Day, by the con&s;idera|tion of the &s;aid Court recovered his Sei&s;in again&s;t <HI>B.</HI> of eight Acres of Land with the Appurtenances in <HI>J.</HI> by Default of the afore&s;aid <HI>B.</HI> and therefore I command you,
<PB N="507" REF="258">that to the &s;aid <HI>A.B.</HI> you &s;hall give a full Sei&s;in of the Tenements afore&s;aid, with the Appurtenances, without delay, and have there this Precept, and how, &amp;c. Dated, &amp;c. the Day, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Small Cape.</HEAD>
<P><HI>J.K.</HI> Steward to the Bailiff thereof health, we command you that you take into the hands of the Lord, by the view of good and lawfull men of this Mannour, one Hou&s;e with the Appurtenances, which A.B. in this Court claimes as his right again&s;t <HI>B. R.</HI> by Complaint of a <HI>For|medon</HI> in Remainder, for Default of the &s;aid <HI>B.</HI> and make known the Day of the taking to me, at the next Court, and &s;ummon the &s;aid <HI>B. R.</HI> that he be before, &amp;c. &s;uch a Day, there to an&s;wer, and to &s;hew why he was not in this Court, before, &amp;c. &s;uch a Day la&s;t pa&s;t, as he was &s;ummon|ed, and have there this Precept, and how, &amp;c. Da|ted, &amp;c.</P>
</DIV3>
</DIV2>
</DIV1>
<DIV1 TYPE="text">
<PB N="508" REF="259">
<HEAD>The Returne of Writs newly corrected.</HEAD>
<P>With divers other good Returns, and ma|ny Ca&s;es of the Common Law to that added, very nece&s;&s;ary 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 under&s;tanding of the Law in the &s;aid Returns.</P>
<DIV2 TYPE="part">
<HEAD>Proces in the Court Hundred, Court Baron, <HI>&amp;c.</HI> Pleg. de pro&s;equendo J.D.R.F.</HEAD>
<P>_THe within named <HI>H. E.</HI> is attached by Sureties, <HI>N. F. R. D.</HI></P>
<P><HI>J.D.</HI> Knight, Sheriff.</P>
<P>The within named <HI>J. H.</HI> hath nothing in my Bailiwick, by which he may be at|tached.</P>
<P>Note that every <HI>Pone</HI> is but a Summons.</P>
<P>By vertue of this VVrit to me directed, <NOTE PLACE="marg">Pone up|on a Re|pleg.</NOTE> I have put be|fore the Ju&s;tices of the Queens Bench at <HI>We&s;tmin&s;ter,</HI> the Complaint which is in my County, by a VVrit of the &s;aid Queens, between <HI>T. W.</HI> and <HI>H. B.</HI> of the Bea&s;ts of the &s;aid <HI>T. W.</HI> taken, and uniu&s;tly detained, as it is &s;aid, as it ap|pears in a certain Schedule to this VVrit annexed, &amp;c.</P>
<P><PB N="509" REF="259">Som. T.P.I.D</P>
<P>At my County Court held at <HI>N.</HI> the twelfth day of <HI>N.</HI> in the yeare of the Reigne of the Queen, now, <HI>&amp;c.</HI> <NOTE PLACE="marg">Scedule.</NOTE> twenty-third, <HI>T.W.</HI> complains again&s;t <HI>H. B.</HI> of a Plea of taking, and unju&s;tly detaining of bea&s;ts, and there are Sureties to pro&s;ecute, and Return to be had, if Return there be adjudged, that is to &s;ay, <HI>J.M.W.F.</HI> In Witne&s;&s;e whereof <HI>I.K.K.B.C.D.G.</HI> and <HI>R.S.</HI> four lawfull men of them which were pre&s;ent at the Record, were pre&s;ent in the full Court there, and have underneath &s;et their Seals to the &s;aid Record, &s;everally the day and year above&s;aid.</P>
<P>By vertue of this Writ directed to me in my full Coun|ty Court held at <HI>W.</HI> in the County of <HI>W.</HI> within &s;uch a day and year, I have made the Plaint to be recorded, <NOTE PLACE="marg">You &s;hall make the Plaint to be Reccor|ded in the County.</NOTE> which is in the &s;ame County, between the parties underwritten, whereof within is made mention, which truly complaint doth appear in a certain Scedule annexed to this Writ, and I have that Record before the Ju&s;tices within written, at the day and place within contained under my Seal, and the Seals of <HI>W.H.T.R. &amp;c.</HI> four of the hone&s;t and lawfull Knights of the &s;aid County, of tho&s;e which were pre&s;ent at the Record, and to the parties within written, I pre|fixed that day, that they which are in that complaint &s;hould pro&s;ecute, as is ju&s;t, as within is to me commanded. <NOTE PLACE="marg">Scedule.</NOTE></P>
<P>At my County, <HI>W.</HI> held at <HI>W.</HI> in the County afore&s;aid, &s;uch a day and year before <HI>W.W.H.SS.T.V.</HI> and <HI>A.B.</HI> four &s;uitors of the Court afore&s;aid, among&s;t other things, it is &s;o contained. <HI>R.S.</HI> complains again&s;t <HI>J.M.</HI> of a Plea of ta|king, and unju&s;t detaining his bea&s;ts, again&s;t Sureties, <NOTE PLACE="marg">Com|plaint.</NOTE> and Pledges, <HI>&amp;c.</HI> and they are Pledges to pro&s;ecute, as al&s;o to have Return, if Return thereof be adjudged. Pledges to pro&s;ecute <HI>J.D R.F.</HI> in witnes of which thing, <HI>&amp;c.</HI></P>
<P>By vertue of this Writ to me directed, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> 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 &s;aid parties to be before the Ju&s;tices, within written, at the day and place therein contained, as the &s;aid Writ in that requireth and challengeth, which truly complaint appears in a certain Scedule &s;owed to this Writ.</P>
<P><HI>A. B.</HI> complains again&s;t <HI>C.D.</HI> of a Plea of taking, and unju&s;tly detaining his bea&s;ts, Pledges. <HI>&amp;c.</HI> as before.</P>
<P>By vertue of this Writ, I made the complaint to be re|corded
<PB N="510" REF="260">which is in my County, without the Queens Writ, between <HI>W.H.</HI> and <HI>A.D.</HI> of the bea&s;ts of the &s;aid <HI>W.H.</HI> taken and unju&s;tly detained, as it is &s;aid, and I have that Re|cord before the Ju&s;tices within written, at the day and place therein contained, under my Seal, and the Seals of <HI>T.W.</HI> and four lawfull Knights of my County, of tho&s;e which were pre&s;ent at the Record, as it appears in a cer|tain Scedule, annexed to this Writ, according to the exi|gent of this VVrit, <HI>&amp;c.</HI></P>
<P>At my County held, <NOTE PLACE="marg">Plaint &s;hall come to the Court.</NOTE> <HI>&amp;c.</HI> as above.</P>
<P>By vertue of this VVrit, 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 Scedule annexed to this VVrit, I have it before the Ju&s;tices 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 &s;uffer, as what is ju&s;t, in that Complaint, as in the mean time, I am com|manded.</P>
<P><HI>A. B.</HI> complains of <HI>G.D.</HI> of a plea of taking, <NOTE PLACE="marg">Scedule.</NOTE> and un|ju&s;t detaining the bea&s;ts of the &s;aid <HI>A.B.</HI> In witne&s;&s;e whereof <HI>J.K.T.S.W.H.</HI> and <HI>R.I.</HI> four lawfull men of tho&s;e which were pre&s;ent at that Record in full Court, there held at <HI>D.</HI> tenth day of <HI>J.</HI> the year of the Reigne of the Queen now twenty three, and to the &s;ame Record they have &s;everally put their Seals, the day and year above written, <HI>&amp;c.</HI></P>
<P>No Court of within written <HI>J.D.</HI> whereof below men|tion is made, <NOTE PLACE="marg">Oher|wi&s;e.</NOTE> was held after the Receit of this VVrit, and before the day of the Return of the &s;ame, by which Execution of this VVrit for pre&s;ent, by me could be made.</P>
<P>By vertue of the Queens VVrit, <NOTE PLACE="marg">Other wi&s;e In Court Baron or Hundred.</NOTE> to this Scedule an|nexed, taking with me <HI>B.C.D.E.F.G.H.I.</HI> four lawfull Knights of my &s;aid County, In my own per&s;on, I came to &s;uch a Hundred, or to &s;uch a Court, and in the full Court there, or in the full Hundred, the complaint be|fore the Ju&s;tices within writtten, at the day and place there|in contained, under my Seal, and the Seals of four lawfull men of this Court, which were pre&s;ent at the Record, I have ready annexed to this Record, according to the Te|nure of this VVrit, and have prefixed the &s;ame day to the
<PB N="511" REF="260">parties in the &s;ame VVrit named, that then they be there in that complaint to proceed as it &s;hall be ju&s;t, according as the &s;aid VVrit it &s;elfe challengeth, and requires, <HI>&amp;c.</HI></P>
<P>By vertue of the VVrit of our Lady the Queen to this Scedule annexed, (taken with me four di&s;creet and law|full Knights of the County of <HI>W.</HI>) I came to the Hundred, whereof in the &s;aid VVrit mention is made, held at <HI>B.</HI> &s;uch a day, and year, and in the full Hundred there, the Com|plaint whereof in the &s;aid Writmention is made, I would Record, and <HI>J.S.</HI> Baili&s;te there, and then in full Court &s;it|ting, the &s;aid VVrit being &s;een and heard, they immediately &s;hut their books touching the &s;aid complaint, ro&s;e, and ha&s;tning from that Hundred with all tho&s;e books, and all Suits of that Hundred, then, and there appearing, took them away with him, and abruptly departed, and the &s;aid Precept of our &s;aid Lady Queen, &s;pecified in the &s;aid VVrit then and there flatly denyed to execute, and the books afore&s;aid, a bruptly, then and there, from my &s;ight, by force and Arms, with violence took and threw by, by which means I could not for pre&s;ent make executi|on of the &s;aid VVrit.</P>
<P>Pledges to pro&s;ecute <HI>I.D.R.R.</HI></P>
<P>The re&s;idue truly of the executing of this VVrit ap|pears in a certain Scedule to this writ annexed. <NOTE PLACE="marg">Come to the Court.</NOTE></P>
<P>Summons <HI>I.D.R.F.</HI></P>
<P>By vertue of this writ to this Scedule annexed, <NOTE PLACE="marg">Scedule.</NOTE> &s;uch a day and year, &amp;c. taking with me <HI>R.T.I.B.R.C.</HI> and <HI>W.B.</HI> four di&s;creet and lawfull Knights of my Bayliwick, I came to the Court of <HI>E.</HI> Duke of <HI>Buckingham,</HI> of <HI>K.</HI> in the afore&s;aid writ nominated, and in the full Court there, I reque&s;ted the Bailiff, and Suitors of the &s;aid Court, to re|cord the complaint, which was in the &s;aid Court, by a &s;mall writ of our Lady the Queens, of Right between <HI>R.T.</HI> the Plaintiffe, and <HI>T.B.</HI> the Tenant of a Me&s;&s;uage, &amp;c. <NOTE PLACE="marg">Milt.</NOTE></P>
<P>The Hundred of <HI>E.B.</HI> E&s;quire, held there by <HI>W.B.</HI> his Steward there, before <HI>J.T.</HI> and <HI>R.C.</HI> &amp;c. Suitors of the Court of the hundred afore&s;aid, the tenth day of <HI>M.</HI> the year, <HI>&amp;c.</HI> among&s;t others, it is &s;o contained. <NOTE PLACE="marg">Com|plaint.</NOTE></P>
<P><HI>J.S.</HI> Gent. complains again&s;t <HI>R.G</HI> in a Plea of uniu&s;t taking, and detaining his bea&s;ts or Chattells.</P>
<P>Pledges to pro&s;ecute, and to have Return of the bea&s;ts, if &amp;c. <HI>A.B.C.D.</HI></P>
<P><PB N="512" REF="261">The names of foure lawfull men of the hundred, of tho&s;e which were pre&s;ent at the Record, <HI>A.B. C.D. E.F. G.H.</HI></P>
<P>By vertue of this Writ to me directed in the form with|in written, <NOTE PLACE="marg">Of a Re|cord to be delivered in Court.</NOTE> I came to the Court within written, and in full Court there, I made to be recorded the complaint within written, and the &s;ame Record, (as it appeares in the &s;cedule to this annexed) I have before the Ju&s;tices within written at the day and place within contained, un|der my Seale and the Seales of <HI>I.B. &amp;c.</HI> twenty foure good and lawfull men of my Bayliwick, of tho&s;e which were pre&s;ent at the Record, and parties &amp;c. as be|fore.</P>
<P>By vertue of this Writ to me directed, <NOTE PLACE="marg">Otherwi&s;e if the Re|cord be not deli|vered.</NOTE> in my proper per&s;on, (taken with me <HI>J.S. &amp;c.</HI> Good and lawfull Knights of my County) I came to the Court of <HI>J. D.</HI> <ABBR>E&s;q</ABBR> to re|cord the complaint within written, at the day and place within contained, as within I am commanded, upon which the Suitors of the Court afore&s;aid, at the Town of <HI>C.</HI> in full Court to me the Sherif within written, to execute the &s;aid Writ there, or to meddle at all with the &s;aid com|plaint, they altogether denyed, by rea&s;on whereof I could not make execution of the &s;aid Writ.</P>
<P>By vertue of this Writ, <NOTE PLACE="marg">Fal&s;e judgment.</NOTE> (taking with me <HI>P.M. &amp;c.</HI> foure lawfull Knights of my County) in my proper per&s;on, I came to the Court <HI>E.</HI> held at <HI>N.</HI> &s;uch a day and yeare, and in parts of the &s;aid Court of <HI>A.B, &amp;c.</HI> Suitors of the &s;ame Court, and <HI>R.H.</HI> Steward there, I de&s;ired the Record of the complaint which is in the &s;aid Court, by a &s;mall VVrit of the Queens of Right, between <HI>I.P.</HI> plaintif and <HI>N.S.</HI> Te|nant, to be made and delivered unto me, which truly, Ste|ward, and Suitors there would not deliver unto me, By rea|&s;on whereof I could make no execution of the &s;aid VVrit.</P>
<LIST>
<ITEM>Proce&s;s in common Bench.</ITEM>
<ITEM>Pledges to pro&s;ecute <HI>J.S.R.M.</HI> <NOTE PLACE="marg">Originall in debt.</NOTE></ITEM>
<ITEM>Summonitors within written <HI>J.S. P.M. R.S.</HI></ITEM>
<ITEM><HI>J.D.</HI> Knight Sheriff.</ITEM>
<ITEM>Pledges to pro&s;ecute <HI>J.D. R.R.</HI></ITEM>
</LIST>
<P>The within named <HI>A.B.</HI> hath nothing in my Bailiwick by which he may be &s;ummoned.</P>
<P>By vertue of this Writ to me directed, <NOTE PLACE="marg">Clark</NOTE> I do certifie the Ju&s;tices within written, that <HI>T. H.</HI> within named is a Clark
<PB N="513" REF="261">beneficed in the Bi&s;hoprick of <HI>London,</HI> having no lay fee in my Bayliwick by which he may be &s;ummoned.</P>
<P>Note that the Defendant alwaies ought to be &s;ummo|ned fifteen daies before the day of the return of the VVrit.</P>
<P>Pledges to pro&s;ecute <HI>J.R.R.D.</HI></P>
<P><HI>J.E.</HI> <NOTE PLACE="marg">Originall in Tre&s;|pa&s;&s;e. Attach|ment.</NOTE> within named hath nothing in my Bayliwick by which he may be attached.</P>
<P>Pledges within named, <HI>J.D. J.W. R.R.</HI></P>
<P><HI>J.D.</HI> within named is attached by one price ten pence, or by a Cow price ten &s;hillings.</P>
<P><HI>J.F.</HI> which was the wife of <HI>D.C.</HI> <NOTE PLACE="marg">Attach|ment up|on appeal Eiect|ment of a Farme.</NOTE> within named hath not found me &s;uerties to pro&s;ecute: Therefore to the execu|ting of this Writ, nothing is by me done.</P>
<P>The within named <HI>A.B.</HI> is attached by a hundred &s;heep, price 20. <HI>l.</HI></P>
<P>The within named <HI>C.D.</HI> and <HI>E.F.</HI> have nothing in my Bailiwick by which they may be attached.</P>
<P>The within named <HI>J.S.</HI> <NOTE PLACE="marg">Capias in Debt.</NOTE> is not to be found in my Baili|wick.</P>
<P>The within named <HI>J.S.</HI> and <HI>J.H.</HI> nor either of them, is to be found in my Bayliwick.</P>
<P><HI>I.S.</HI> <NOTE PLACE="marg">Other|wi&s;e.</NOTE> and the re&s;t of the Defendants within named are not to be found in my Bayliwick.</P>
<P>In this Writ may be returned diver&s;e returns, and in di|ver&s;e manners, that is, if the Sherif wil not &s;erve the writ, or if he will not execute the Writ, then &s;o.</P>
<P><HI>A.S.</HI> within written is not to be found in my Bailiwick, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> after the Receit of this writ, or after the comming of this Writ, but if he be pre&s;ent, then &s;o.</P>
<P>By vertue of this Writ, I have taken <HI>J.W.</HI> within writ|ten, who&s;e body before the Ju&s;tices within written, at the day and place within contained, I have ready, as the writ commands and requires, <HI>&amp;c.</HI></P>
<P>The within written <HI>J.W.</HI> is taken by his body, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> who&s;e Body at the day, <HI>&amp;c.</HI> I have ready, as within I am com|manded, according to the <HI>Exigent</HI> of this writ.</P>
<P>By vertue of this writ to me directed, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> I have taken the Body of the within named <HI>J.S.</HI> who&s;e, truly Body, before the Ju&s;tices 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.</P>
<P><PB N="514" REF="262">The within written <HI>J.S.</HI> <NOTE PLACE="marg">Other|wi&s;e. Other|wi&s;e. Bailiffe of the Liberty</NOTE> is taken by his Body, who&s;e body at the day and place therin contained I have ready; as, <HI>&amp;c.</HI></P>
<P><HI>R.S.</HI> within named is not to be found in my Bayliwick, and that to take <HI>R.S.</HI> within named I commanded <HI>I.F</HI> Bailif of the Liberty of <HI>S.</HI> that hath the full return of al Writs and Executions thereof, to whom the Executing of this Writ altogether belongeth to be done, in which liber|ty no execution of this Writ, there by me can be made, which truly Bailif &s;o an&s;wereth me, That he hath taken the Body of the afore&s;aid <HI>R.S.</HI> Who&s;e Body afore&s;aid be|fore the Ju&s;tices of our Lady the Queen within written, at the day and place therein contained, he &s;hall have ready, or &s;o, which truly Bailiff hath given me no an|&s;wer.</P>
<P><HI>J.D.</HI> <NOTE PLACE="marg">Liberty.</NOTE> within named was in the Liberty of <HI>J.E.</HI> E&s;quire, and continually dwelt there: Therefore I cannot take him.</P>
<P>Before the comming of this Writ to me directed <HI>J.S.</HI> <NOTE PLACE="marg">Sanctua|ry.</NOTE> within named entred the Sanctuary of Saint <HI>Peters in We&s;tmin&s;ter,</HI> in the County of <HI>Middle&s;ex,</HI> and in the &s;ame County yet continues, by which the Body of the afore&s;aid <HI>J. S.</HI> before the Ju&s;tices within written, at the day and place within &s;pecified, I cannot have, as, <HI>&amp;c.</HI></P>
<P>By vertue, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> <HI>&amp;c.</HI> I have taken the Body of <HI>A.B.</HI> within named, and him to the Gaole of our Lady Queen at her Ca&s;tle of <HI>D.</HI> have committed, there to be &s;afely kept, <HI>&amp;c.</HI> Who after, by rea&s;on of another Writ of our &s;aid Lady Queen to me directed, and to this Writ annexed, I made to be delivered from that Pri&s;on.</P>
<P>Afterward, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> that is to &s;ay, &s;uch a day and yeare by rea&s;on of a certain other Writ of our &s;aid Lady the Queenes, to me directed, which tran&s;cript I &s;end you annexed to this Writ: And therefore the Body of the afore&s;aid <HI>A.B.</HI> before the Ju&s;tices within written at the day and place therein contained, I cannot have, as within I am commanded.</P>
<P>By vertue, <NOTE PLACE="marg">Latitat.</NOTE> <HI>&amp;c.</HI> I have taken the Body of <HI>J.C.</HI> within named, who&s;e Body before our Lady Queen, where&s;oever &s;hee &s;hall be in <HI>England,</HI> at the day and place therein con|tained, I have ready, as within I am commanded.</P>
<P>And if the Defendant which is &s;o taken, be &s;ick in Pri&s;on, or if the Sheriff will be at no co&s;t, to remove him to <HI>We&s;t|min&s;ter</HI> before the Ju&s;tice, saccording to the contents of the Writ, then &s;o.</P>
<P><PB N="515" REF="262">By vertue of this Writ <HI>A.B.</HI> <NOTE PLACE="marg">Sick.</NOTE> within written is taken by his body, and in &s;uch a pri&s;on or Goale &s;o &s;ick and weak, that his body at the day and place within named, I can|not have, wiihout danger of death.</P>
<P>By vertue of this Writ to me directed, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> I have taken the body of within named <HI>J.S.</HI> which truly <HI>J.</HI> is in Pri&s;on of our Lady the Queens at <HI>F.</HI> &s;o &s;ick, that without dan|ger of death, I cannot have him before the Ju&s;tices with|in written, at the day and place therein contained, as I am commanded.</P>
<P>Which truly <HI>J.</HI> is &s;o vexed with divers infirmities, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> that him without great perill of Death, and for the weakne&s;&s;e of his Body, before the Ju&s;tices within written, at the Day and Place therein contained, I cannot have, as within, &amp;c.</P>
<P><HI>R.D.</HI> within named was taken by J. C. Con&s;table of the Town of <HI>D.</HI> at T. in the County of <HI>D.</HI> <NOTE PLACE="marg">Other|wi&s;e, for Felony.</NOTE> for &s;u&s;pition of Fe|lony, and for that cau&s;e in the Gaol afore&s;aid, under my Cu&s;tody was detained, and in the &s;ame Gaol is &s;o &s;ick, that by no means he can labor, or can be carried, or &s;o.</P>
<P>Who&s;e Body I have ready before you at the Day and Place within contained, <NOTE PLACE="marg">Other|wi&s;e. Super&s;e|deas upon Capias.</NOTE> to do what that Writ in it com|mandeth and requireth.</P>
<P>By vertue of this Writ I certifie you, that after this Writ was delivered to me to take <HI>R.T.</HI> and other Defen|dants in this VVrit &s;pecified, the &s;ame <HI>K.</HI> and others with|in named, brought to me a Writ of our Lady the Queens, of <HI>Super&s;edeas,</HI> which is fa&s;tened to this Writ, by vertue of which <HI>Super&s;edeas,</HI> not at all, &amp;c.</P>
<P>By verrue of this Writ to me directed, <NOTE PLACE="marg">Super&s;e|deas after Cepi Cor|pus.</NOTE> I have taken the Body of the within named <HI>B.D.</HI> which afterward brought to me a Writ of our Lady the Queens, of <HI>Super&s;edeas,</HI> to me directed, and fa&s;tened to this Writ, therefore his Body before the Ju&s;tices, within written, at the Day and Place afore&s;aid, I could not have, as within I am commanded.</P>
<P>And if upon this Writ there be &s;ent another Writ which is called a <HI>Habeas Corpus,</HI> then thus.</P>
<P>To have his Body, and the Body with the Cau&s;e.</P>
<P>By vertue of this Writ I certifie you, that before the coming of this Writ, <NOTE PLACE="marg">Sick.</NOTE> by vertue of a certain other Writ to me fir&s;t directed A. B. within written in the Pri&s;on of the Ca&s;tle of our Lady the Queen of <HI>E.</HI> is impri&s;oned, and there &s;o &s;ick and weak doth lie, and in the &s;ame Pri&s;on yet
<PB N="516" REF="263">&s;ick and weak lieth, &s;o that him for fear of Death I cannot remove, therefore the Body of the &s;aid A. B. at the Day within named I cannot have, &amp;c.</P>
<P>And in the&s;e Writs there are divers manners of Re|turns, and divers of them are &s;o.</P>
<P>By vertue of this Writ I certifie you, that before the comming of this Writ, <HI>W. B.</HI> within named was taken in another place, and committed to the Queens Pri&s;on of <HI>W.</HI> By vertue of which other Writ to me fir&s;t directed, the Tran&s;cipt whereof is &s;ent to you, fa&s;tened to this VVrit, notwith&s;tanding the Body of the &s;aid <HI>W.</HI> I have ready to come before you, at the day and place within named, as within it is commanded me, <HI>&amp;c.</HI></P>
<P>VVe Sheriffs afore&s;aid &s;ignifie unto you, <NOTE PLACE="marg">Tre&s;pa&s;&s;e.</NOTE> that before the coming of this VVrit of our Lady the Queens to us di|rected, and fa&s;tened to this VVrit, <HI>J. F.</HI> of <HI>T.</HI> in the &s;aid VVrit nominated, was taken in &s;uch a place, and commit|ted to our Lady the Queens Pri&s;on of <HI>W.</HI> for twenty pounds of Damages <HI>T. C.</HI> of <HI>N.</HI> in a Plea of Tre&s;pa&s;&s;e in the Queens Court, in the &s;aid City of <HI>E.</HI> before us, the &s;aid Sheriffs held, and adiudged, and likewi&s;e the &s;aid <HI>J.</HI> is de|tained in Pri&s;on afore&s;aid, at the the Suit of <HI>W.S.</HI> in a Plea of Tre&s;pa&s;&s;e before us the &s;aid Sheriffs in the Court afore|&s;aid, had and pro&s;ecuted, yet his Body, <HI>&amp;c.</HI> as in the next Return before, <HI>&amp;c.</HI></P>
<P>By vertue of this VVrit I &s;ignifie to you, that before the coming of this VVrit of our Lady the Queens, <NOTE PLACE="marg">Felony.</NOTE> <HI>R.A.</HI> in the &s;aid VVrit named was taken in <HI>L.</HI> and committed to the Pri&s;on of our Lady the Queens of <HI>W.</HI> for &s;u&s;pition of a common Theif, and further the &s;aid <HI>R.</HI> was detained in the &s;aid Pri&s;on, for that, that he for divers Felonies by him done and committed at <HI>D.</HI> in the Hundred of <HI>A.</HI> is indicted as I am informed, and another time taken armed at <HI>I.</HI> in &s;uch a County, was carried to the Pri&s;on of our La|dy the Queen: and the &s;aid <HI>A.</HI> the &s;ame Pri&s;on of our Lady the Queen felloniou&s;ly broke, and from thence e&s;ca|ped, as it is &s;aid, notwith&s;tanding the Body of the &s;aid <HI>R.</HI> as above, <HI>&amp;c.</HI></P>
<P>By vertue, <NOTE PLACE="marg">Excom.</NOTE> <HI>&amp;c.</HI> I certifie you, that before the coming of this VVrit, <HI>A. W.</HI> within named, by the Eccle&s;ia&s;tical Cen|&s;ure in the Church of <HI>N.</HI> &s;uch a day and year, <HI>&amp;c.</HI> for his Contempt, and &s;uch like is excommunicated; and the
<PB N="517" REF="263">&s;aid <HI>A.</HI> by the Ordinaries of the Church of Saint <HI>Martins,</HI> Ju&s;tices in the Premi&s;es, as yet &s;tands in the &s;ame Church excommunicated, and this is the cau&s;e of the taking and impri&s;oning the afore&s;aid <HI>A.</HI> notwith&s;tanding the Body of the &s;aid <HI>A. W.</HI> before our Lady the Queen, at the day and place within contained, where&s;oever &s;he is, I have him rea|dy, as, <HI>&amp;c.</HI></P>
<P>Before the coming of this VVrit, <HI>C.D.</HI> <NOTE PLACE="marg">Counter|feit Mo|ney.</NOTE> within written was in &s;uch a place and Pri&s;on of our Lady the Queen of <HI>R.</HI> committed for &s;u&s;pition of counterfeiting Money of the Queens, and for that cau&s;e and no other is detained in the &s;aid Pri&s;on, notwith&s;tanding the &s;aid <HI>C. D.</HI> before you at the day and place within contained, I have ready, as with|in is commanded.</P>
<P><HI>B. W.</HI> was taken at <HI>D.</HI> in the County of <HI>E.</HI> by <HI>H.S.</HI> <NOTE PLACE="marg">Murder.</NOTE> Ste|ward of <HI>T. F.</HI> and before the &s;aid Steward at a Hundred held, <HI>&amp;c.</HI> was indicted for the death of <HI>J. T.</HI> by the afore|&s;aid <HI>B.</HI> &s;lain, and by the afore&s;aid Steward was &s;ent the Queens Pri&s;oner to <HI>R.</HI> which truly Indictment remains, with the afore&s;aid Steward, notwithanding the Body of the &s;aid <HI>B.</HI> before our Lady the Queen in her Chancery, at the day in that contained, where&s;oever he be, &amp;c. I have ready, as that VVrit in that commands and requires, &amp;c.</P>
<P>Here follow divers Cau&s;es, upon Returnes of this VVrit of <HI>Corpus cum cau&s;a,</HI> to be brought in, &amp;c.</P>
<P>If it were nece&s;&s;ary, the cau&s;e of keeping and detaining <HI>A.</HI> of <HI>B.</HI> within written here follows.</P>
<P><HI>A.</HI> of <HI>B.</HI> is taken for &s;u&s;pition of Theivery, <NOTE PLACE="marg">Felony.</NOTE> and becau&s;e he cannot finde &s;ufficient Sureties, to expect the Law of our Lady the Queen, he was committed to our Lady the Queens Pri&s;on of <HI>R.</HI> and for the cau&s;e afore&s;aid detained, notwith&s;tanding the Body of the &s;aid <HI>A.</HI> before, &amp;c.</P>
<P><HI>W. D.</HI> within written was taken before the coming of this Writ in &s;uch a place, <NOTE PLACE="marg">Account.</NOTE> and in a Pri&s;on of our Lady the Queens, there under my Cu&s;tody was detained, by rea&s;on of which Complaint in the Queens Court, there before me the &s;aid Sheriff, upon him by the name of <HI>W.</HI> &amp;c. at the Suit of &s;uch a one in a plea of Account affirmed, whereof in the &s;ame Court before me the &s;aid Sheriff, the parties afore&s;aid pleaded, and put them&s;elves upon the Jury of the Country in the &s;ame Court, and afterwards the &s;aid <HI>W.</HI> of <HI>D.</HI> by &s;ufficient Sureties to an&s;wer the afore&s;aid, &s;uch
<PB N="518" REF="264">a one of his Plea afore&s;aid, he was &s;et at Liberty from the Pri&s;on afore&s;aid; and becau&s;e the &s;aid <HI>W.</HI> after the &s;aid Bailment, came not to Judgement in Cu&s;tody, his Body at the day and place afore&s;aid I cannot have.</P>
<P>The within named <HI>J. C.</HI> <NOTE PLACE="marg">Trea&s;on.</NOTE> was called at <HI>W.</HI> before &s;uch a Ju&s;tice, by <HI>W.</HI> his Probator, &s;uch a day and year, for divers Trea&s;ons by him committed, and for that cau&s;e was taken at <HI>C.</HI> and committed to the Pri&s;on of our Lady the Queen of <HI>N.</HI> notwith&s;tanding his Body, &amp;c. at the day and place within contained, I have ready, as is within commanded me, &amp;c.</P>
<P><HI>A.</HI> <NOTE PLACE="marg">Outlary.</NOTE> the Daughter of <HI>A.</HI> of <HI>B.</HI> by the name of <HI>A.</HI> of <HI>B.</HI> before the coming of this VVrit, was outlawed of Felony before <HI>P.S. R.T.</HI> and their Fellows, Ju&s;tices of the Queens, of the Peace in &s;uch a Liberty, or in the County to be kept, and after by the command of the &s;aid Ju&s;tices to me late directed, the &s;ame <HI>A.</HI> was taken at <HI>D.</HI> and for the cau&s;e afore&s;aid, was committed to the Queens Pri&s;on of <HI>W.</HI> notwith&s;tanding, &amp;c.</P>
<P>By vertue of this VVrit, <NOTE PLACE="marg">Supplica|vit.</NOTE> I certifie you that <HI>A.W.</HI> within written was taken by vertue of a certain other VVrit of our Lady the Queens, called a <HI>Supplicavit,</HI> at the Suit of <HI>D. P.</HI> long before the coming of this VVrit, and commit|ted to the Pri&s;on of our Lady the queen, of <HI>B.</HI> becau&s;e he could not finde &s;ufficient Sureties to keep the Peace toward the &s;aid <HI>D.</HI> and for this cau&s;e, and no other, is kept in the &s;aid Pri&s;on, notwith&s;tanding, &amp;c.</P>
<P>Otherwi&s;e it may be &s;aid, <NOTE PLACE="marg">A Rule.</NOTE> that he was condemned in &s;uch a Court, of his own Confe&s;&s;ion, or by his taxing thereof, by the coun&s;el of the Court:</P>
<P>Before the coming of this Writ by vertue of a certain other Writ called a <HI>Capias utlagatum,</HI> <NOTE PLACE="marg">A Capias utlaga|tum.</NOTE> to me directed, who&s;e Tran&s;cript I &s;end you annexed, I took <HI>C. D.</HI> within named, and committed him to our Lady the Queens Pri|&s;on of <HI>C.</HI> and there in the &s;ame Pri&s;on he is kept for the cau&s;e afore&s;aid, notwith&s;tanding his Body, &amp;c.</P>
<P>Before the coming of this Writ, <NOTE PLACE="marg">Account.</NOTE> <HI>A. H. S.</HI> Auditors of the Accounts of <HI>W.</HI> of <HI>B.</HI> to me by Indenture delivered, to keep the Body of <HI>R. S.</HI> within written, &s;afely and &s;e|curely, till he &s;hould &s;atisfie <HI>W. B.</HI> of two hundred pounds behinde, upon the end of the Account of <HI>R.S.</HI> found before the &s;aid Auditors, &amp;c. and this is the cau&s;e of the taking
<PB N="519" REF="264">and detaining the &s;aid <HI>R. S.</HI> notwith&s;tanding the Bo|dy, &amp;c.</P>
<P>Many wayes one may be &s;aid to be taken and detained for ten pounds again&s;t him recovered in &s;uch a Court, <NOTE PLACE="marg">Debt.</NOTE> 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, &amp;c.</P>
<P>The within named <HI>R. V.</HI> was taken at <HI>D.</HI> <NOTE PLACE="marg">Re&s;cous.</NOTE> tenth Day of <HI>May,</HI> the year within written by <HI>T.B.</HI> the Bailiff of our Lady the Queen and mine, by vertue of a certain War|rant by the pretext of this VVrit by me made, and to him directed; and upon this the afore&s;aid <HI>R.V.</HI> with others un|known, by force and armes, that is, &s;taves, &amp;c. made an A&s;&s;ault upon the &s;aid Bailiff, and took him out of the Cu|&s;tody of the &s;aid Bailiff, and never after the &s;aid <HI>R. V.</HI> in my Bailiwick I could finde.</P>
<P>The execution of this VVrit doth appear in a certain Schedule to this VVrit annexed. <NOTE PLACE="marg">Other|wi&s;e. Schedule.</NOTE></P>
<P>By vertue of our Lady the Queens VVrit to me di|rected, and to this Schedule annexed, I have made a cer|tain VVarrant of mine to one <HI>J.M.</HI> my travelling Bailiff, to take and arre&s;t <HI>E.G.</HI> in the &s;aid VVrit nominated, accord|ing to the exigent of the &s;aid VVrit, which &s;aid Bailiff of mine, by vertue of my VVarrant afore&s;aid, the 9. day of <HI>J.</HI> the year of the Reign of our Lady <HI>Elizabeth</HI> Queen, with|in written, the twentieth at <HI>D.</HI> in the County afore&s;aid, took and arre&s;ted the Body of the &s;aid <HI>E.G.</HI> and then and there the &s;aid <HI>E. G.</HI> was in his Cu&s;tody, upon which <HI>F. G.</HI> of <HI>D.</HI> afore&s;aid, in the County afore&s;aid, Gentleman, and <HI>T. M.</HI> of the &s;aid Town and County, Gentleman, then and there by force and armes, &amp;c. made an A&s;&s;ault upon my afore&s;aid Bailiff, and my &s;aid Bailiff, then and there, again&s;t the Law and Cu&s;tome of the Realm of the &s;aid Lady Queen of <HI>England,</HI> and again&s;t the will of the &s;aid Bailiff of mine, impri&s;oned him, and the &s;ame Bailiff of mine in Pri&s;on there, by the &s;pace of an hour then de|tained, and twenty pence in told Money, of the Goods, Chattels and Moneys of my &s;aid Bailiffs, then and there the afore&s;aid <HI>T. M.</HI> took, and the afore&s;aid <HI>E.</HI> by force and armes afore&s;aid, then and there out of the Cu&s;tody of my &s;aid Bailiff, took and re&s;cued, and al&s;o the &s;ame <HI>E.</HI> her &s;elf, then and there out of the Cu&s;tody of my &s;aid Bailiff
<PB N="520" REF="265">re&s;cued, again&s;t the will of my &s;aid Bailiff, and again&s;t the Peace of our Lady the Queen now, &amp;c. and after the &s;aid <HI>E.</HI> is not found in my Bailiwick.</P>
<P>By vertue of this Writ to me directed, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> I have made a certain Warrant to one <HI>R. P.</HI> my Bailiff, this torn riding, to take and arre&s;t the within named <HI>T. L.</HI> according to the exigent of this Writ, which truly <HI>R. P.</HI> by vertue of the Warrant afore&s;aid, after, that is to &s;ay, &s;econd Day of <HI>May,</HI> the year of the Reign of our Lady the Queen within written, twentieth at <HI>B.</HI> in the County afore&s;aid, took the Body of the within named <HI>T. L.</HI> of <HI>B.</HI> afore&s;aid, in the afore&s;aid County of <HI>F.</HI> which truly <HI>T.</HI> the Day, Year, and Place afore&s;aid, by force and armes made an A&s;&s;ault upon <HI>R. P.</HI> my afore&s;aid Bailiff, and bear him, wounded him, and abu&s;ed him, &s;o that they di&s;pared of his life, the &s;ame <HI>T.</HI> then and there out of the Cu&s;tody of my a|fore&s;aid Bailiff, and again&s;t his will departed, e&s;caped, and re&s;cued him&s;elf, again&s;t the Peace of our Lady the Queen now, &amp;c. and after the &s;aid T. L. is not found in my Bailiwick.</P>
<P>By vertue of this Writ. <NOTE PLACE="marg">Other|wi&s;e.</NOTE> I have made my certain War|rant, to <HI>W. A.</HI> the Bailiff of the Hundred of <HI>H.</HI> which an|&s;wereth me &s;o, that where he by vertue of the Warrant a|fore&s;aid, tenth Day of <HI>S.</HI> the year of the Reign of our La|dy the Queen within written, the twentieth at <HI>C.</HI> took one J. S. and her to the Ca&s;tle of our Lady the Queen, of <HI>W.</HI> would have lead, there to be &s;afely kept, thither came cer|tain J. T. R. S. with many others unknown, with force and armes, arrayed in warlike manner, and out of the Cu&s;tody of my &s;aid Bailiff at the &s;aid <HI>W.</HI> the afore&s;aid <HI>J.</HI> took and carried away, and &s;o for fear of his Death, &s;uf|fered the &s;aid J. S. to e&s;cape, and for that cau&s;e the Body of J. S. afore&s;aid, before our Lady the Queen, at the Day and Place within contained, where&s;oever, &amp;c. I cannot have him, as within is commanded me, and further I cer|tifie you, that after the &s;aid tenth Day, &amp;c. J. S. was not found in my Bailiwick.</P>
<P>By vertue of this Writ, <NOTE PLACE="marg">Other|wi&s;e. Re&s;cous and Riot.</NOTE> I have commanded J. S. my Bailiff of the Liberty of <HI>D,</HI> in the County afore&s;aid, which hath full Return of all Writs, Precepts, and War|rants to him there directed, which truly J. S. &s;uch a Day and Year at <HI>P.</HI> in the County afore&s;aid T. S. in the Writ
<PB N="521" REF="265">to this Schedule annexed, nominated, and by vertue of a Warrant to him directed, took and arre&s;ted, and the &s;ame T. S. in his Cu&s;tody, by the occa&s;ion afore&s;aid, then and there had and held, and &s;o being held, &amp;c. one J. G. late of <HI>S.</HI> in the County afore&s;aid, Laborer (gathering many other Malefactors unknown, and Di&s;turbers of the Peace of our Lady the Queen) to the number of twenty per&s;ons, arrayed in a warlike manner, by force and armes, that is to &s;ay, Swords, Daggers, Skeines, and Staves, upon the &s;ame Bailiff of mine, then and there riotou&s;ly made an A&s;|&s;ault, and beat him, wounded him, and abu&s;ed him, &s;o that he di&s;paired of his life, and the afore&s;aid J. C. and others, &amp;c. and the &s;aid T. S. out of the Cu&s;tody of my &s;aid Bailiff, then and there took and re&s;cued, and where he would, at large, &s;uffered him to go, and the &s;aid T. S. him&s;elf out of the Cu&s;tody of my &s;aid Bailiff, then and there took and re&s;cued, and where he would at large &s;uf|fered him to go, and the &s;aid T. S. him&s;elf out of the Cu&s;tody of the &s;aid Bailiff, then and there likewi&s;e re&s;cu|ed, again&s;t the Peace of our Lady the Queen, &amp;c. and after the &s;aid T. is not to be found in my Bailiwick.</P>
<P>I <HI>J. H.</HI> Knight, Sherif, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> by vertue of this VVrit have made a certain VVarrant to J. B. and P. D. my Bailifs, for travelling this Torn, to arre&s;t and take <HI>R. F.</HI> to make &s;a|tisfaction to the within named <HI>W. P.</HI> of Debt and Damages within &s;pecified, as within I am commanded, by vertue of which VVarrant, the &s;aid <HI>J. B.</HI> and <HI>P. D.</HI> Bailiffs, &s;uch a Day and Year at <HI>H.</HI> in the County afore&s;aid, arre&s;ted the fore&s;aid <HI>R. F.</HI> as by that VVarrant they were commanded; and the &s;aid <HI>R. F.</HI> and one <HI>G. F.</HI> of <HI>G.</HI> in the County a|fore&s;aid, with others unknown, by force and armes, that is, with Swords, Staves, &amp;c. upon the &s;aid <HI>J. B.</HI> and <HI>P. D.</HI> the &s;ame Day and Year at <HI>H.</HI> in the County afore&s;aid, made an A&s;&s;ault, and them abu&s;ed, and then and there made a Re&s;cous, by rea&s;on of which Re&s;cous, the &s;ame <HI>R. F.</HI> from that Cu&s;tody then and there contrary to the Ar|re&s;t afore&s;aid, him&s;elf re&s;cued, departed, and e&s;caped; therefore the &s;aid <HI>R. F.</HI> at the Day and Place within con|tained I could not have; and further I certifie you, that after that Day the afore&s;aid <HI>R. F.</HI> was not found in my Bailiwick.</P>
<P>By vertue of this VVrit, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> I made and directed a cer|tain
<PB N="522" REF="266">warrant of mine to one <HI>T.C.</HI> my Bailiffe, to attach the within named <HI>J.C.</HI> by force whereof the &s;aid <HI>T.C.</HI> the ninth day of J. the year of the Reigne of our Lady the Queen within written, the twentieth at <HI>B.</HI> in the Coun|ty within written, took and arre&s;ted the afore&s;aid <HI>J.C.</HI> being willing to bring him before me, and &s;o intending, to make and receive, as in the VVrit I was comman|ded, and afterward, that is to &s;ay, the &s;aid ninth Day of J. the twentieth year afore&s;aid.</P>
<P>The afore&s;aid <HI>J. C.</HI> late of <HI>B.</HI> afore&s;aid, in the Coun|ty of <HI>H.</HI> at <HI>B.</HI> afore&s;aid, in the County afore&s;aid, upon <HI>T.C.</HI> my Bailiffe made an A&s;&s;ault, and from the &s;ame Bai|liffe, then, and there, flew, e&s;caped, and re&s;cued him|&s;elf, and after the &s;ame <HI>J.</HI> in my Bailiwick, <HI>I</HI> could not find.</P>
<P>By vertue of this Writ, <NOTE PLACE="marg">Return to be had.</NOTE> I certifie the Ju&s;tices within written, that I have made Return to the within named <HI>J.S.</HI> all tho&s;e bea&s;ts of the within named <HI>W.S.</HI> which to the &s;aid <HI>J.S.</HI> were adjudged, for default of the &s;aid <HI>W.</HI> to be &s;afe, and carefully kept, &s;o that they to the afore&s;aid <HI>W.</HI> at the complaint of the &s;aid <HI>W.</HI> by no means &s;hould be delivered, without a Writ of our Lady the Queens, which of the &s;aid Judgement maketh expre&s;&s;e mention, accord|ding to the form of this Writ.</P>
<P>Pledges to pro&s;ecute, and to have a Return thereof, if Return thereof be adjudged, <HI>E.D.R.F.</HI></P>
<P>By wertue, <HI>&amp;c.</HI> I have made a Replevin to <HI>R.</HI> of the bea&s;ts within named, <NOTE PLACE="marg">Repleg.</NOTE> as in that Writ I am commanded, and further I certifie the within named, our Lady Queen, that no other Writ of replevying the within written bea&s;ts, ever be&s;ides this VVrit was delivered to me, <HI>&amp;c.</HI></P>
<P>Before the coming of this VVrit, the bea&s;ts, and chat|tells, <NOTE PLACE="marg">Repleg. where the bea&s;ts are carried far off. Other|wi&s;e.</NOTE> of the within written <HI>K.</HI> which <HI>W.C.</HI> took and un|iu&s;tly detained, as it is &s;aid, were driven farre oft, by the &s;aid <HI>W.C.</HI> therefore I cannot replevie the afore&s;aid <HI>K.</HI> his bea&s;ts, and Chattells, <HI>&amp;c.</HI></P>
<P>No VVrit of replevin of the bea&s;ts within written be|&s;ides this, was ever delivered to my hands, and further I certifie our Lady the Queen, that before the coming of this VVrit, the afore&s;aid bea&s;ts were driven farre off, and conveyed to places unknown to me by the &s;aid <HI>J.T.</HI> that I can by no means replevie them for the &s;aid <HI>W.</HI> as within I am commanded.</P>
<P><PB N="523" REF="266">Before the coming of the bea&s;ts within written were dri|ven far off, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> by the within named <HI>T.C.</HI> to places to me un|known, &s;o that &s;ight of them, to make return to the with|in named <HI>A.H.</HI> and <HI>T.C.</HI> I could not have, as within I am commanded.</P>
<P>By vertue, <HI>&amp;c.</HI> (&s;uch a Day, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> and year) I have made Replevie to <HI>R.B.</HI> within named, his bea&s;ts within men|tioned, which the within named <HI>T.M.</HI> and <HI>R.S.</HI> took and un|iu&s;tly detained, according to the form of this VVrit, as within I am commanded.</P>
<P>And the within named <HI>T.</HI> and <HI>R.</HI> are attached, by a hundred &s;heep, price, 6 pounds, by <HI>T. F.</HI> Bailifte, by the Plea of <HI>J.T. R.M.</HI> and the within named <HI>R. B.</HI> is attached by my &s;aid Bailiffe, by three Kine, price, three pounds, by the Plea of the afore&s;aid J. <HI>T.</HI> and <HI>R.M.</HI> and no other command of our Lady Queen, be&s;ides this VVrit of the bea&s;ts afore|&s;aid, to be replevied, before the coming of this writ, was ever delivered to me.</P>
<P>By vertue <HI>&amp;c.</HI> I certifie our Lady the Queen, <NOTE PLACE="marg">Other|wi&s;e in Chancery.</NOTE> in her Chancery, that the bea&s;ts and Chattels by the within na|med <HI>A.B.</HI> fir&s;t taken, are driven far out of the County within written, to places unknown to me, by the within named <HI>T.R.</HI> by which means the bea&s;ts and Chattells a|fore&s;aid, cannot be returned by me, as within, further I am commanded.</P>
<P>Before the coming of this writ, <NOTE PLACE="marg">Bea&s;ts dri|ven far upon the &s;econd de|liverance.</NOTE> the bea&s;ts within writ|ten were driven far off, by the within named J.<HI>M.</HI> to pla|ces unknown to me, &s;o that the Bea&s;ts within written of <HI>J.M.</HI> I cannot return, according to the Form of this writ.</P>
<P>Pledges to pro&s;ecute, and having Return, &amp;c. J. <HI>D. R.R.</HI></P>
<P>By vertue, &amp;c. I <HI>W. A.</HI> <NOTE PLACE="marg">Precept upon the &s;econd delive|rance in the Coun|ty.</NOTE> one of the Bailiffes within na|med, reque&s;ted of <HI>J.T.</HI> and <HI>R.N.</HI> within written, the de|livery of the bea&s;ts of <HI>T.B.</HI> within written, that is to &s;ay, of three Oxen, price each Ox twenty Shillings, and of two Hor&s;es, price each Hor&s;e twenty Shillings, and they refu&s;ed thereof to make Delivery, and the afore&s;aid bea&s;ts are driven far off, to places to me unknown, by which there|of, I can make no Delivery, as within I am commanded, and the afore&s;aid <HI>J.T.</HI> is attached by one of Silver, to the value of twenty Shillings.</P>
<P><PB N="524" REF="267">By vertue of this, <NOTE PLACE="marg">Other|wi&s;e of replevy|ing a man</NOTE> &amp;c. I certifie our Lady the Queen within named that no other VVrit or command of our &s;aid Lady the Queens, of Replevin, the within written <HI>J.C.</HI> whom <HI>W.S.</HI> within named took, and taken keeps, as within is &s;pecified, till that VVrit of <HI>Pluris Repleg.</HI> the afore&s;aid <HI>J.</HI> came to my hand, neither was it delivered to me, ne|verthele&s;s, I do further certifie the Ju&s;tices of our &s;aid Lady the Queen, that forthwith after the receit of the &s;aid VVrit, I came to the afore&s;aid <HI>W.S.</HI> to make replevin of the afore&s;aid <HI>J.</HI> which the &s;aid <HI>W.</HI> would not &s;hew me, but the afore&s;aid <HI>J.</HI> before the coming of this VVrit, had convey|ed to places unknown to me: And after the receit of the &s;aid VVrit, the &s;aid <HI>I.</HI> was not to be found in my Bailiwick, &s;o that I could make no Replevin of the &s;aid <HI>I.</HI> by any meanes according to the command of this VVrit, as with|in I am commanded.</P>
<P>No other Writ be&s;ides that of Repleving the within na|med <HI>D.G.</HI> to my hands as yet came. <NOTE PLACE="marg">Other|wi&s;e.</NOTE> And further I certifie the Ju&s;tices within written, that the afore&s;aid <HI>D.</HI> is convei|ed away to places to me unknown, by the within named, <HI>J.T.E.B.</HI> and <HI>T.R.</HI> By which means I cannot replevy the &s;aid <HI>D.</HI> as within I am commanded.</P>
<P>By vertue, <NOTE PLACE="marg">Pluries Repleg.</NOTE> <HI>&amp;c.</HI> I certifie our Lady the Queen, that after the receit of this Writ, I diligently inquired, through|out all my Baliwick, and I can by no meanes under&s;tand that any of the bea&s;ts of the within named <HI>W.P.</HI> were ta|ken, and unju&s;tly detained, by the within named <HI>J.N.</HI> as in the VVrit is &s;uppo&s;ed: So that the execution of this Writ according to the Tenor and Effect of the &s;ame could not be done by me, as within I am commanded; and further I certifie our Lady the Queen that no other Writ of <HI>Pluries</HI> Replegeare, be&s;ides this VVrit, was ever delivered to me.</P>
<P>Condition, <NOTE PLACE="marg">Cond. Re|pleg.</NOTE> &amp;c. That if the above bounden <HI>A.B.</HI> and <HI>C.D.</HI> &s;hall redeliver to the above named Sheriff, all tho&s;e goods and chattells, and every parcell thereof by <HI>H. P.</HI> taken, and by rea&s;on of a certain Replevin, by the a|fore&s;aid Sheriffe, made to the afore&s;aid <HI>A.B.</HI> and <HI>C.D.</HI> Re|pleg. if Return thereof &s;hould be adjudged, and the &s;aid Sheriffe and his Executors, &s;aved harmle&s;&s;e, that then, &amp;c.</P>
<P><PB N="525" REF="267">The within written <HI>J.H.</HI> <NOTE PLACE="marg">Wither|nam.</NOTE> hath no bea&s;ts in my Baili|wick, that I can take in <HI>Withernam,</HI> according to the exi|gent of this Writ.</P>
<P>By vertue, <HI>&amp;c.</HI> I have taken two bra&s;en Pots, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> &amp;c. of the Goods and Chattells of <HI>T. H.</HI> in the writ nominated, in <HI>Withernam,</HI> and I have cau&s;ed them to be delivered to <HI>W.F.</HI> to hold to the &s;aid <HI>VV.F.</HI> till the &s;aid <HI>I.H.</HI> the Chat|tells of the afore&s;aid <HI>W.F.</HI> he do deliver, as this VVrit, &amp;c.</P>
<P>By vertue, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> &amp;c. I have taken in <HI>Withernam</HI> at <HI>D.</HI> in the County within written, two cowes, &amp;c. of the Bea&s;ts of the afore&s;aid <HI>I.D.</HI> and two cowes of <HI>R.T.</HI> within named, which truly Bea&s;ts afore&s;aid, fled from hence, and I cau&s;ed them to be put in a certain place at <HI>S.</HI> in the fore&s;aid County, &s;afe and &s;ecurely there to be kept, according to the Exigent of this VVrit</P>
<P>VVhere the bea&s;ts afore&s;aid lie, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> and the afore&s;aid <HI>I.H.</HI> and <HI>R.T.</HI> have no more or any other bea&s;ts at this time in my Bailiwick, that by any meanes I can take in <HI>VVithernam</HI> as within I am commanded.</P>
<P>By vertue of this writ I have taken two cowes, and two Steeres of the bea&s;ts of the within named <HI>R.D.</HI> and two cowes and two Steeres of the bea&s;ts of <HI>T.L.</HI> which I cau&s;ed to be delivered to <HI>I.C.</HI> within named to be &s;afe and &s;ecuer|ly kept, untill the other Bea&s;ts of the within named <HI>I.C.</HI> Fir&s;t taken and conveyed to places unknown to me, I can deliver, as within I am commanded.</P>
<P>By vertue of this Writ to me directed, <NOTE PLACE="marg">Exigent.</NOTE> at my County Court kept at <HI>W.</HI> in the County of <HI>W.</HI> the within written Tue&s;day, that is to &s;ay, the twentieth day of <HI>Ianuary,</HI> the year of the Reigne of our Lady the Queen within written, the twentieth, <HI>I.C.</HI> and other Defendants within named, Fir&s;t were called, and did not appeare, and at my County Court, &amp;c. as before the &s;econd time called and did not appeare, and at my County Court held and &s;o forth. The third time called, and did not appeare; and at my Coun|ty Court held, &amp;c. The fourth time called, and did not appeare, and at my County Court held, &amp;c. The fifth time called and did not appear: Therefore the afore&s;aid, <HI>I.C.</HI> and the re&s;t of the Defendants within named, by the judgment of the Coroners of the &s;aid Lady the Queen, of
<PB N="526" REF="268">the County afore&s;aid, according to the Law and cu&s;tome of the Realme of <HI>England,</HI> are out-Lawed, and every one of them is out-Lawed.</P>
<P>By vertue of this Writ to me directed, <NOTE PLACE="marg">Between two She|riffs.</NOTE> at my County Court held at <HI>W.</HI> in the County of <HI>W</HI> within written, on Teu&s;day, that is to &s;ay, the tenth day of <HI>Ianuary,</HI> the year of the Reigne of our Lady the Queen within written, the 20. <HI>R.L.</HI> within named, fir&s;t was called, and appeared not, that VVrit &s;o above indorced, was delivered to me by <HI>I. E. <ABBR>E&s;q</ABBR></HI> late Sheriff of the County within written, my next Predece&s;&s;or in his going out of his Office, as afore in the back of this VVrit. And at my county Court, &amp;c. as before.</P>
<P>That VVrit &s;o above indor&s;ed, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> together with the Writ of our &s;aid Lady Queen, of <HI>Smper&s;edeas,</HI> to that annexed, was delivered to me by <HI>M. D.</HI> Knight, late Sheriff of the County afore&s;aid, my next Predece&s;&s;or.</P>
<P>By vertue, <NOTE PLACE="marg">For de|fect of Coroners.</NOTE> <HI>&amp;c.</HI> at my County Court held there the third Day of <HI>November,</HI> the &s;aid twentieth Year of our La|dy Queen <HI>Elizabeth</HI> within written, the afore&s;aid <HI>T. C.</HI> was the fifth time called, and did not appear, and for want of <HI>W. B.</HI> and <HI>R. C.</HI> Coroners of the fore&s;aid County, I could not further pro&s;ecute.</P>
<P>By vertue, <HI>&amp;c.</HI> and at my County Court, <HI>&amp;c.</HI> and be|cau&s;e there were not more County Courts held in the County afore&s;aid, from the Day of the Receit of this VVrit afore&s;aid, till the Day of the Return of the &s;ame, by which nothing is done for pre&s;ent, or &s;o; and therefore in the executing of this VVrit, what is further to be done, nothing is done.</P>
<P>There are joyned to them four County Courts, <NOTE PLACE="marg">Allocat. Com.</NOTE> at which <HI>J. B.</HI> within named was called, and appeared not; and further, by vertue of this VVrit, at my County Court, held at <HI>W.</HI> in the County of <HI>W.</HI> within written, the eight Day of <HI>September,</HI> the Year, <HI>&amp;c.</HI> the within written twentieth, the &s;aid <HI>J. B.</HI> was the fifth time called, and appeared not, therefore by the Judgement of the Co|roners, <HI>&amp;c.</HI> and if it be a VVoman it &s;hall be &s;o.</P>
<P>Therefore according to the Law and Cu&s;tome afore|&s;aid, <NOTE PLACE="marg">Other|wi&s;e of a Woman. Super|&s;edeas.</NOTE> <HI>A. R. Waiviata e&s;t.</HI></P>
<P>By vertue, <HI>&amp;c.</HI> and at my County Court afore&s;aid, held there the <HI>Tue&s;day,</HI> that is to &s;ay, the twentieth Day of <HI>A.</HI>
<PB N="527" REF="268">the &s;aid Year the twentieth of our Lady the Queen within written, the afore&s;aid <HI>A. R.</HI> the fourth time was called and appeared, and brought to me a VVrit of our Lady the Queen, of <HI>Super&s;edeas,</HI> which is fa&s;tened to this VVrit, by which, to the executing of this VVrit you &s;hall altoge|ther &s;ei&s;e, or &s;o.</P>
<P>As in the fore&s;aid VVrit of our Lady the Queens, of <HI>Super&s;edeas,</HI> I am commanded.</P>
<P>By vertue, &amp;c. and at my County Court, <NOTE PLACE="marg">Delivered him&s;elf.</NOTE> &amp;c. the a|fore&s;aid <HI>J.W.</HI> and A. 4. are called, and the afore&s;aid <HI>J.</HI> appeared, and delivered him&s;elf to our Lady the queens Pri&s;on of <HI>E.</HI> who&s;e Body before the Ju&s;tices within writ|ten, at the Day and Place therein contained, I have ready, as that VVrit in that commands and requires, and the fore&s;aid <HI>W.</HI> and A. appeared not.</P>
<P>And further at my County Court held, <NOTE PLACE="marg">Super|&s;edeas.</NOTE> &amp;c. the fore&s;aid <HI>W.</HI> and A. were called the fifth time, and the &s;aid <HI>W.</HI> brought to me a VVrit of our Lady the queen of <HI>Super&s;e|deas,</HI> which is fa&s;tened to this VVrit, by which of execu|ting this VVrit further, doing any thing for the fore&s;aid <HI>W.</HI> I have altogether de&s;i&s;ted, and the afore&s;aid A. appear|ed not, therefore according to the Law and Cu&s;tome of the Kingdome of <HI>England,</HI> he is outlawed.</P>
<P>By vertue, <NOTE PLACE="marg">Outlaries otherwi&s;e.</NOTE> &amp;c. and at my County Court held at <HI>W.</HI> in the County afore&s;aid, twelfth Day of <HI>April,</HI> &amp;c. <HI>J. H. R.S. I.C</HI> and all other Defendants following in this VVrit nominated, be&s;ides J. H. which brought me a VVrit of our Lady the queens, of <HI>Super&s;edeas,</HI> therefore to him, to make further pro&s;ecution I altogether de&s;i&s;t, as in the &s;aid VVrit of <HI>Super&s;edeas</HI> I am commanded.</P>
<P>And be&s;ides <HI>R.S.</HI> which yeilded him&s;elf to the Pri&s;on of our Lady the queen of <HI>F.</HI> within the County of <HI>W.</HI> who&s;e Body before the Ju&s;tices, <NOTE PLACE="marg">Reddidit &s;e.</NOTE> &amp;c. and &s;o be&s;ides <HI>J.C.</HI> which is dead, did not appear, therefore by the Judgement, <NOTE PLACE="marg">Dead.</NOTE> &amp;c. and the fore&s;aid <HI>I. C.</HI> is waived in pre&s;ence of <HI>F. W.</HI> and <HI>I. C.</HI> Coroners of the &s;aid queen, <NOTE PLACE="marg">Waived.</NOTE> in the County afore|&s;aid.</P>
<P>As to the Exigent, taking, out-Lawing, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> or in any way mole&s;ting the within named <HI>P.T.</HI> by vertue of this VVrit to the Ju&s;tices of our Lady the Queen within written, at the day and place therein contained: I certifie, that by ver|tue of another VVrit of our &s;aid Lady the Queen, to me
<PB N="528" REF="269">directed and to this annexed, I &s;uper&s;ede altogether, as by that VVrit I am commanded.</P>
<P>By vertue, &amp;c. <HI>I. B.</HI> and the other Defendants within named were the &s;econd time called, <NOTE PLACE="marg">Sick.</NOTE> and the afore&s;aid <HI>I.B.</HI> appeared, and yeelded him&s;elfe to the Pri&s;on of the &s;ayd Lady <HI>Queene</HI> of <HI>F.</HI> within the County of <HI>W.</HI> afore&s;ayd, and in the &s;ame Pri&s;on remaineth &s;ick, troubled with many Infirmites, &s;o that for the weakne&s;&s;e of his Body, and Danger of Death, he cannot travell, or be carried, by which the Body of the &s;aid <HI>J. B.</HI> before the Ju&s;tices within written, for the pre&s;ent, I cannot have, according to the form of this VVrit, and the within named <HI>J. P.</HI> and <HI>R. R.</HI> being the fifth time called did not appear, and becau&s;e at none of the County. Courts they appeared, the fore&s;aid <HI>I. P.</HI> and J. <HI>R.</HI> according to the Law and Cu&s;tome of the Kingdome of <HI>England</HI> are outlawed, and either of them is outlawed, as this VVrit in it &s;elf challengeth and re|quireth.</P>
<P>At the County Court, &amp;c. fir&s;t, &s;econd, third, fourth, he was called, and appeared, and yeilded him&s;elf to the Pri&s;on of our Lady the queen of <HI>C.</HI> where he is &s;o &s;ick, that for Danger of Death, him before the Ju&s;tices within writ|ten, at the Day and Place therein contained, I cannot have.</P>
<P>By vertue of this VVrit to me directed at my County Court of <HI>W.</HI> held at <HI>W.</HI> in the the County of <HI>W.</HI> within written, the Tue&s;day the twentieth day of M. the yeare of the Reigne of our Lady the queen within written, the one and twentieth, I made to be proclaimed, and at my County Court of <HI>W.</HI> held at <HI>W.</HI> afore&s;aid, in the &s;aid Coun|ty of <HI>W.</HI> the twentieth day of <HI>M.</HI> afore&s;aid, the twen|tieth year of our Lady the Queen, within written, the &s;econd time I made it be proclaimed, and al&s;o at the Gene|rall Se&s;&s;ions of the Peace held at <HI>W.</HI> in the &s;aid Coun|ty of <HI>W.</HI> in the parts of <HI>M.</HI> within written, upon Thur&s;day, that is, the twelfth of <HI>September</HI> afore&s;aid, the twentieth year of our Lady the Queen, within written, publickly I made to be proclaimed, that <HI>J. C.</HI> and all the re&s;t of the Defendants within named, &s;hould yeild them&s;elves to the within named Sheriffes in <HI>L.</HI> &s;o that the &s;ame Sheriffes may have their bodies before the Iu&s;tices within written, at the day and place within contained, as this Writ in it &s;elf, commandeth and requireth.</P>
<P><PB N="529" REF="269"><HI>W.H.</HI> Defendant within named was not found in my Bailiwick, after the receit of this writ, and for that, <NOTE PLACE="marg">Other|wi&s;e for the Queen</NOTE> that the &s;aid <HI>W.</HI> in my &s;aid Bailiwick could not be found, at my County Court held, <HI>&amp;c.</HI> I made to be proclaimed that the &s;aid <HI>W.</HI> be before our Lady the Queen at the Tearm within wrirten, where&s;oever then it &s;hall be, to an&s;wer to the &s;aid Lady Queen, and further to do, as this writ commandeth and requireth, <HI>&amp;c.</HI> &amp; al&s;o at my County Court held, <HI>&amp;c.</HI> I cau&s;ed to be proclaimed that the &s;aid <HI>W.</HI> be before our Lady the Queen at the Tearm afore&s;aid, where&s;oever, <HI>&amp;c.</HI> to an&s;wer to the &s;aid Lady the Queen, in form afore&s;aid, as within I am commanded. <NOTE PLACE="marg">Venire facias.</NOTE></P>
<P>The within nominated J.<HI>B.</HI> hath nothing in my baili|wick by which he may be attached.</P>
<P>By vertue of this writ to me directed, I cau&s;ed to come before our Lady the Queen at <HI>We&s;tmin&s;ter</HI> at the day with|in contained <HI>I.B.</HI> as within I am commanded. <NOTE PLACE="marg">Out of the Exche|quer.</NOTE></P>
<P><HI>I.</HI> F. within named, hath nothing in my bailiwick, by which I can make him come, neither is he to be found in the &s;ame.</P>
<P>Note that in the <HI>Venire facias,</HI> no I&s;&s;ues &s;hall be retur|ned, but in <HI>Habeas corpora</HI> and <HI>di&s;trings.</HI> <NOTE PLACE="marg">I&s;&s;ues.</NOTE></P>
<P>The I&s;&s;ues of every one of them five &s;hillings, and that is by the Statute of, 35. of <HI>M.</HI> 8. <HI>chap.</HI> 6</P>
<P>And al&s;o in every writ where the clau&s;e (if A. &s;hall &s;e|cure you of pro&s;ecuting his claim, it &s;hall be expre&s;&s;ed, the Sheriffe may delay the Plaint by this Return to &s;ay.</P>
<P>The within named I.B. hath not found me Pledges to pro&s;ecute this Writ; therefore to the executing of the &s;ame, nothing by me is done.</P>
<P>The Execution of this Writ doth appear in a certain Pannell fa&s;tened to this VVrit, and &s;ometimes in the Pannell thus. <NOTE PLACE="marg">Venire facias, <HI>or Di&s;trin|gas Ju|rat.</HI></NOTE></P>
<P>The Iurors between R.T. the Plaintiffe, and VV.F. Defendant in a Plea of Tre&s;pa&s;&s;e, and then write the names of the Iury, twenty four, A B. C. &amp;c. and under write this.</P>
<P>Every one of the Iurors afore&s;aid by him&s;elf &s;everally is attached by Pledges, I.D.R.R. but in Di&s;tre&s;&s;e.</P>
<P>The I&s;&s;ues of every one of them five Shillings.</P>
<P>And note that in the fir&s;t <HI>Venire facias</HI> of the Iurors, it is not very materiall to put in Manucaptors, for that you
<PB N="530" REF="270">will make (by this mainpri&s;e) the Iurors to loo&s;e I&s;&s;ues in the Kings Court, which is not required at the fir&s;t time.</P>
<P>The execution of this VVrit doth appear in a certain Pannell fa&s;tened to this writ. <NOTE PLACE="marg">Habeas corpora in Debt.</NOTE></P>
<P>The Iurors between A.B. the Plaintiffe, and C.D. the Defendant of a Plea of Debt, A. B. &amp;c.</P>
<P>Every one of the Iurors afore&s;aid by him&s;elf &s;everally is &s;ecured by T.D.R R.</P>
<P>And in this writ you need not return I&s;&s;ues, nor in <HI>de|cem</HI> or <HI>octo tales,</HI> nor you ought to return (Manucaptors) which note, notwith&s;tanding, it is u&s;ed in divers parts of <HI>England,</HI> though void.</P>
<P>Al&s;o the Sherif may return <HI>(Tarde)</HI> upon a <HI>di&s;tringas,</HI> and upon the <HI>(Decem tales)</HI> as it appears in the&s;e follow|ing, and then the Iurors &s;hall not lo&s;e I&s;&s;ues, which note.</P>
<P>For the di&s;training of <HI>John</HI> M. and other Iurors with|in named, <NOTE PLACE="marg">Tarde.</NOTE> to be before the Iu&s;tices, &amp;c. the day and place within written, I &s;ignifie to you, that this writ was &s;o late delivered unto me, that for the &s;hortne&s;&s;e of the time, I could not execute it for the pre&s;ent, but of new, I have put to that <HI>Decem tales,</HI> or <HI>Octo tales</HI> (as it apppears in the&s;e following, as in this writ I am commanded, <HI>&amp;c.</HI> A. B. C. D. E. F <HI>&amp;c.</HI></P>
<P>But as to ten, as well Knighs, as other hone&s;t and law|full men, of the view within contained, to be put among the Iurors within contained, the execution of this writ doth appear in a certain Scedule fa&s;tened to this writ.</P>
<Q><L>Pledges to pro&s;ecute J.D.R.R. <NOTE PLACE="marg">Habeas corpora in Attaint.</NOTE></L>
<L>Summoners within named, R.F.J.D.R.F.</L></Q>
<P>Manucaptors of the Summoners afore&s;aid, and of every of them, N P. I.C.I.D.R.R.</P>
<P>The re&s;idue of the Execution of this Writ doth ap|pear in a certain Pannell to this Writ annexed.</P>
<P>The names of twenty four Knights, <NOTE PLACE="marg">Pannell.</NOTE> between R.S. Plain|tiffe, and R.F. Defendant, A B.C.D.E.F. to the number of twenty four.</P>
<P>Summonitors of the afore&s;aid Iury, and of either of them, I.D.E.C.</P>
<P>Manucaptors of the Summonitors afore&s;aid, and of ei|ther of them, I.P.R.C.F.D.E.G.</P>
<P>The names of the Iurie of the fir&s;t Inqui&s;ition (where|of
<PB N="531" REF="270">in the writ to this Sceduled annexed) makes mention of I.D.B.C. to the number of twelve. <NOTE PLACE="marg">Names.</NOTE></P>
<P>Summoners of the Jnry of the fir&s;t inqui&s;ition, and of each of them, <HI>I.</HI> D.R.R.</P>
<P>Manucaptors of the Summoners afore&s;aid; <NOTE PLACE="marg">Other|wi&s;e. upon a Writ Seig|nill in the Chancery.</NOTE> and of every of them, I.L.H.P.R.S.T.V.</P>
<P>Pledges to pro&s;ecute I.E.R.R.</P>
<P>The within named W.B. is &s;ummoned by A.H.R.P.</P>
<P>Manucaptors of the Summoners afore&s;aid, and of each of them, I.H.R.D.</P>
<P>The re&s;idue of the execution of this writ doth appear in certain Pannells fa&s;tened to this writ.</P>
<P>The names of twenty four Knights between R.F. Plain|tiffe, and T.S. Defendant, <NOTE PLACE="marg">Pannell.</NOTE> A.B. <HI>&amp;c.</HI> to the number of forry eight.</P>
<P>Every one of the Knights afore&s;aid, &s;everally by him|&s;elf is &s;ummoned by I D.R.R.</P>
<P>Of which every one &s;everally by him&s;elf is manucapted by I.B.C.D.E.F.G.H.</P>
<P>The names of of the Jurors of the fir&s;t inqui&s;ition, A.B. C.D. to the number of twelve.</P>
<P>Every one of the Jury afore&s;aid, of the fir&s;t inqui&s;iti|on, &s;everally by him&s;elf is attached, and manucapted by Plaintiffe I.D.R.F.</P>
<P>The names of the Iurors of &s;tanders by, of new put in, <NOTE PLACE="marg">Return of the Pan|nel of &s;tanders by. Other|wi&s;e.</NOTE> between I.S. Plaintiffe, and <HI>W.</HI> D. Defendant, according to the Form of the &s;tatute in this Ca&s;e publi&s;hed and pro|vided, A.B.C.D. <HI>&amp;c.</HI></P>
<P>The names of the Iurors, of &s;tanders by, of new im|pannelled, and returned by the command of the Ju&s;tices, at the reque&s;t of the Plaintiffe, for defect of the Jurors above nominated, not appearing according to the Form of the Statute, late for that provided, A.B. &amp;c.</P>
<P>The Manucaptors bolow named, J.F.J.D.R.R.</P>
<P>I&s;&s;ues three Shillings four pence. <NOTE PLACE="marg">Di&s;tre&s;se. where the Tenant hath no Lands. Again&s;t many.</NOTE></P>
<P>J.F. within named hath nothing in my Bailiwick, by which, nor where he may be di&s;trained.</P>
<P>T.D.<ABOVE>40 <HI>d.</HI></ABOVE> A.R.<ABOVE>40 <HI>d.</HI></ABOVE> &amp;c. are di&s;trained, and each of them is di|&s;trained by Land, and his Chattells, according to the Form of this writ, whereof the I&s;&s;ues, as appear above upon
<PB N="532" REF="271">their heads and they are manucapted, and each of them, i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> manucapted by him&s;elf, 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 VVrit, <HI>&amp;c.</HI></P>
<P><HI>A.<ABOVE>40 <HI>d:</HI></ABOVE></HI> which was the VVife of B. within written, <NOTE PLACE="marg">Again&s;t executors</NOTE> executrix of the will of the fore&s;aid <HI>B.</HI> 40 <HI>d.</HI></P>
<P>R. R.<ABOVE>40 <HI>d.</HI></ABOVE> another Executor of the will aforefaid T.S.<ABOVE>40 <HI>d.</HI></ABOVE> the third Executor of the will of the fore&s;aid <HI>B.</HI> are di&s;trained, and each of them by him&s;elf is di&s;trained, according to the form of this VVrit, from whence the I&s;&s;ues, as it appears upon their heads, and each of them is manucapted by him|&s;elf, that is by four Manucaptors, by name <HI>A.B.</HI> &amp;c. And there are no more Executors of the will of the &s;aid <HI>B.</HI> nor heires of him, or of Lands or Tenements which were his in the County of <HI>W.</HI> as by any means for the pre&s;ent can appeare unto me.</P>
<P>Pledges to pro&s;ecute <HI>J.D.R.R.</HI></P>
<P><HI>A.B.</HI> within named hath nothing in my bailiwick but the I&s;&s;ue fir&s;t by me forfeited, <NOTE PLACE="marg"><HI>Favor of the Sheref upon the</HI> 2. <HI>or</HI> 3. <HI>Di&s;tring. Again&s;t a Clark.</HI></NOTE> by which nor where he may be di&s;trained, as to me by any means can appeare for this pre|&s;ent.</P>
<P><HI>W.D.</HI> Arch Deacon of <HI>R.</HI> hath nothing in my bailiwick of lay fee, by which nor where he can be Di&s;trained, Warn|ed, or Attached, by any means at pre&s;ent, as to me can appeare.</P>
<P>That I &s;hould di&s;train the within written <HI>A.B.</HI> to be before the Ju&s;tices within named, <NOTE PLACE="marg">Upon a Tarde.</NOTE> at the Day and place therein contained. This writ &s;o late was delivered unto me that for the &s;hortne&s;&s;e of the time I could make no Exe|cution thereof.</P>
<P>To the Di&s;training of <HI>R.L.</HI> and all other the Jurors within written to be before the Iu&s;tices within named at the day and place therein contained: <NOTE PLACE="marg">Other-Wi&s;e upon a Jur.</NOTE> This writ came unto me &s;o late, that for the &s;hortne&s;&s;e of the time, could make no execution thereof, but to ad, <HI>Decem tales,</HI> the executi|on thereof, doth appeare in a certain Pannell fa&s;tned to this writ. <NOTE PLACE="marg">Other|wi&s;e for Homage.</NOTE></P>
<P>The Manucaptors within named, <HI>J.S.W.P.I.D.</HI></P>
<P>His I&s;&s;ue half a Mark.</P>
<P><PB N="533" REF="271">The &s;ummoners of the within named R. and E. his wife <HI>W.F.R.P.</HI></P>
<P>And &s;o of all other actions reall, if the Defendants be &s;ufficient.</P>
<P>The Execution of this writ doth appeare in a certain inqui&s;ition to this writ annexed.</P>
<P>By vertue of a writ of our Lady the queen to me directed, <NOTE PLACE="marg">Partition.</NOTE> and to this partition indented, annexed, <HI>I J.D.</HI> Knight, Sheriff of the County afore&s;aid twentieth day of <HI>A.</HI> year 20. <HI>&amp;c.</HI> taking with me <HI>J.S. &amp;c.</HI> twelve free and lawful men of my County, and of the view within written in the pre|&s;ence of <HI>H.F.</HI> in the writ afore&s;aid nominated, in my pro|per per&s;on, I came to the Tenements in the &s;aid writ no|minated, and there by their Oath (re&s;pect being had to the true value of the &s;aid Tenements with the appurtenan|ces) the &s;aid Tenements in partition into three parts e|qually to be parted, and one part of the &s;aid three parts, that is twelve foot in length, and eight foot in bredth, of the Hou&s;e in the fore&s;aid writ &s;pecified, extending to the Land of <HI>F.G.</HI> called <HI>G.</HI> towards the we&s;t, and thirty four foot in bredth, and twelve rods in length, and one Garden in the afore&s;aid writ &s;pecified, lying to the &s;aid hou&s;e, abut|ting towards the we&s;t to the Land of the afore&s;aid <HI>F.G.</HI> called <HI>B.</HI> and the Glebe Land of the Rectory of <HI>S.</HI> and al|&s;o, <HI>&amp;c.</HI> And I the afore&s;aid Sheriff twentieth day of <HI>A.</HI> the year, <HI>&amp;c.</HI> have made them to be a&s;&s;igned and delive|red to <HI>H.F.</HI> nominated in the &s;aid writ, to hold to him &s;eve|rally according to the form, and effect, of the writ afore|&s;aid. And as the &s;aid writ, in that commandeth and requi|reth</P>
<P>Which truly whole third part of the afore&s;aid Te|nements in the afore&s;aid Writ &s;pecified, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> to the afore|&s;aid <HI>H.</HI> in form afore&s;aid is delivered and a&s;&s;igned, and for the other two parts remaining of the afore&s;aid Tene|ments, in the afore&s;aid Writ &s;pecified, <HI>J.F.</HI> likewi&s;e in the &s;ame Writ nominated, to the partition afore&s;aid, to be a&s;|&s;igned and Delivered, to the Ju&s;tices of our Lady the Queen in the Writ afore&s;aid &s;pecified, I certifie, that none of the part of the &s;aid <HI>J.</HI> came to receive of me, the afore|&s;aid Sheriff, tho&s;e two parts, &s;o that tho&s;e two parts I could not deliver an A&s;&s;igne, as the writ afore&s;ayd, in that doth command and require: In witne&s;&s;e whereof, as well the
<PB N="534" REF="272">Seale of me the afore&s;ayd Sherif, as the Seales of the o|ther twelve Jurors to this partition Indented, are put: Dated the yeare and Day above&s;ayd.</P>
<P><HI>Pledges to pro&s;ecute</HI> I. D. R. R.</P>
<P>The within <HI>I. S.</HI> and <HI>R. B.</HI> are attached, and each of them is attached by Pledges, <HI>I. D. R. R.</HI></P>
<P>The re&s;idue of the execution of this VVrit doth appear in a Pannell fa&s;tned to this writ. <NOTE PLACE="marg">A&s;&s;i&s;e of Novel di&s;&s;ei&s;in.</NOTE></P>
<P>A&s;&s;i&s;e of novell di&s;&s;ei&s;in between &s;uch a one Plaintif, or Demandant, and &s;uch a one Defendant, or tenent in the Plea, <HI>&amp;c.</HI></P>
<P>A. B. C. D. &amp;c. to the number of twenty four. <NOTE PLACE="marg">Pannell.</NOTE></P>
<P>The names of the Recognitors, <HI>I. P.</HI> and <HI>T. W.</HI></P>
<P>Summonitors, <HI>J. D. T. B.</HI></P>
<P>Manucaptors, &s;ummoners afore&s;ayd, and every of them, <HI>J. S. J. D.</HI></P>
<P>Pledges to pro&s;ecute. <NOTE PLACE="marg">Other|wi&s;e.</NOTE> G. C. R. R.</P>
<P>R. H. within named, is attached by one <GAP DESC="blank"> of La|tin, price eight pence, by Pl. <HI>W.D.</HI> and <HI>T. D.</HI></P>
<P>The re&s;idue of the execution of this writ doth appeare in a certaine Pannell annexed to this writ.</P>
<P>A Recognition of an A&s;&s;i&s;e of Novell di&s;&s;ei&s;in, <NOTE PLACE="marg">Pannell.</NOTE> between <HI>J. D.</HI> Plaintif, and <HI>R. T.</HI> Deforceant, of his Free-hold in <HI>B.</HI></P>
<P>J.D. <HI>&amp;c.</HI> to the number of twenty foure.</P>
<P>Summoners of the Jurors afore&s;aid, and of every one of them, J.S.J.D.</P>
<P>Manucaptors, &s;ummoners afore&s;aid, and of every one of them, J.B.T.C.A.B. and W.H.</P>
<P>The execution of this writ appeareth in a certain Pan|nell to this writ annexed. <NOTE PLACE="marg">Other|wi&s;e.</NOTE></P>
<P>The names of the Recognitors in an A&s;&s;i&s;e of novell Di&s;&s;ei&s;in between A.B. Plaintiff and J.M. Defendant A. B. <HI>&amp;c.</HI> to the number of twenty four.</P>
<P>Every one of the Recognitors afore&s;aid, by him&s;elf is &s;everally attached by pledges, J.D.RR.</P>
<P>The I&s;&s;ues of every one of them, five &s;hillings.</P>
<P>The names of the Recognitors of new added, according to the form of the Statute, A. B. <HI>&amp;c.</HI> to the number of ten.</P>
<P><PB N="535" REF="272">Every one of the Recognitors afore&s;aid of new added is attached &s;everall by Plaintiff, J.D.R.F.</P>
<P>By vertue of this Writ, <NOTE PLACE="marg">Great Cape.</NOTE> tenth day of M. the year afore|&s;aid, by the view of R.H. and T.H. good and lawfull men of my County, I have taken into the hands of our Lady the Queen, the Lands within written, as within I am com|manded, &s;ummoners, J.D. R.F</P>
<P>And if the Writ be &s;ent to the Sheriff, and the place where he ought to execute it, be within Franchi&s;es, which hath full return of all VVri, tsthen &s;o.</P>
<P>The Execution of this VVrit, <HI>&amp;c.</HI> as before.</P>
<P>I <HI>J.S.</HI> Sheriff of <HI>E.</HI> have commanded <HI>J.W.</HI> Bailiff of the Liberty of <HI>B.</HI> in the County afore&s;aid, which hath full re|turn of all VVrits, and execution of them, within the Li|berty afore&s;aid, in the County afore&s;aid, and to whom the executing of this writ doth wholy belong to be don, for that that the &s;aid execution thereof, otherwhere in my Baili|wick cannot be done, out of that Liberty, which an&s;wers me &s;o, &amp;c.</P>
<P>By vertue, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> &amp;c. I have taken into the hands of our Lady the Queen, by view, &amp;c. as before, of the Lands and Te|nements of <HI>J.M.</HI> within named, to the value of one hou&s;e, &amp;c. as in the VVrit is contained, &s;uch a day and year, ac|cording to the form of this writ, or as it is within com|mand&ecirc;d me, or as the writ in that commands and requires, or. <NOTE PLACE="marg">Other|wi&s;e.</NOTE></P>
<P>The third part of the Hou&s;es, Gardens, and re&s;t of the Premi&s;es, as within I am commanded.</P>
<P>The execution of this writ doth appeare in a certain &s;ce|dule to this writ annexed.</P>
<P>By vertue, &amp;c. and to this &s;cedule annexed, <NOTE PLACE="marg">Scedule.</NOTE> &s;uch a day and year, I have made E. B. widdow to have (nominated in the &s;aid writ) full &s;ei&s;in of the third part of the Mannor of B. with the appurtenances in the &s;ame writ &s;pecified, that is to &s;ay, &amp;c. (and reher&s;e the particulers, as in the writ to hold to the &s;aid <HI>J. B.</HI> in &s;everalty by Metes and Bounds, in the name of the whole Dowry of the &s;aid <HI>J.</HI> to the &s;aid <HI>J.</HI> belonging, of all the Mannor in the afore&s;aid writ &s;pecified, as by the &s;aid writ I am commanded.</P>
<P>By vertue, &amp;c, <NOTE PLACE="marg">Re&s;ei&s;in.</NOTE> &s;uch a day and year I cau&s;ed the Me&s;&s;u|ages or Tenements within written to be re&s;ei&s;ed, and <HI>G.C.</HI> within nominated, into full po&s;&s;e&s;&s;ion of the &s;aid hou&s;es or
<PB N="536" REF="273">Tenements with the apurtenances I cau&s;ed to be put ac|cording to the force, form, and effect of the Statute before &s;pecified, as within I am commanded.</P>
<P>By vertue, <NOTE PLACE="marg">Summons of a Knight.</NOTE> &amp;c. I have cau&s;ed to be &s;ummoned <HI>A. B.</HI> Knight, one of the Knights of my County, girt with a Sword by B T. and C.B. that he &s;hould be before the Ju|&s;tices within named, at the day and place within named, as this Writ in that commandeth and requireth.</P>
<P>Manucaptors of the within named, A.B. B.T. and C. B. J.D. R.R.</P>
<P>I&s;&s;ues of every one of them twenty &s;hillings.</P>
<P>By vertue <HI>&amp;c. <NOTE PLACE="marg">Scire fa|cias upon appea|rance.</NOTE> Scire feci,</HI> the within named A. B. and C. D. that they &s;hould be before the Ju&s;tices of our Lady the Queen within written, at the Day and place therein con|tained, to an&s;wer <HI>R.H.</HI> within named, by <HI>J.H.</HI> and <HI>R.S.</HI> good and lawfull men of my bailiwick.</P>
<P>By vertue, <NOTE PLACE="marg">To heare a Record.</NOTE> <HI>&amp;c. Scire feci,</HI> T.A. <HI>&amp;</HI> E. his wife within written by <HI>J.J.</HI> and <HI>R.T.</HI> that they be before our Lady the Queen at the day within written wher&s;oever, <HI>&amp;c.</HI> to hear the re|cord and proce&s;s, whereof this writ maketh mention, and further to do, and receive all and &s;inguler, as this writ commands. <NOTE PLACE="marg">Nihil.</NOTE></P>
<P><HI>A.B.</HI> within named have no Lands or Tenements, Goods or Chattells in my bailiwick, (that I can make him know) as that writ, <HI>&amp;c.</HI> Neither is he found in the &s;ame.</P>
<P>By vertue, <HI>&amp;c. Scire feci, W.B.</HI> Admini&s;trator of the Goods and Chattells which were <HI>T. P.</HI> within named by <HI>W. G. and G. K.</HI> good and lawfull men of my bailiwick, <NOTE PLACE="marg">Again&s;t Executor or Admi|ni&s;trator.</NOTE> to be before our Lady the Queen or the Ju&s;tices at the day within named, neither were there any more Admini&s;tra|tors of Goods and Chattells, which were of the &s;aid T.P. in my Bailiwick, to whom or to which for pre&s;ent I could, <HI>Scire facere.</HI></P>
<P>By vertue, &amp;c. <HI>Scire feci,</HI> T.V. within named, that he &s;hould be, before the Ju&s;tices within written at the day and place within contained, <NOTE PLACE="marg">Upon tre&s;|pas, utla|gat. the Chancery.</NOTE> by <HI>J.S. and R.G.</HI> to do that which this writ in that commandeth and requireth.</P>
<P>By vertue, &amp;c. <HI>Scire feci, W.C.</HI> Knight, within named, that he be before our Lady the Queen in her Chancery, at the day therein contained, where&s;oever he be in <HI>England,</HI> to &s;hew and propound as that writ in that requires, by <HI>J. M. and W.D</HI> good and lawfull men of my bailiwick, accor|ding to the form of this writ.</P>
<P><PB N="537" REF="273">By vertue, <HI>&amp;c. Scire feci, J. C.</HI> within named, <NOTE PLACE="marg">Before the Queen.</NOTE> that he &s;hould be before our Lady the Queen the 13. Day of <HI>N.</HI> to &s;hew, and further to do and receive, and as that Writ in that commands and requires, by A.B. and C.D. good and lawfull men of my Bailiwick, according, &amp;c.</P>
<P>By vertue, &amp;c. <HI>Scire feci, J.C.</HI> within named, <NOTE PLACE="marg">Before the Ju&s;tices of the Bench.</NOTE> that he &s;hould be before the Ju&s;tices within written, at the day and place within contained, to &s;hew if he have any thing for him&s;elf, or knowes to &s;peak, why the within named W.H. and R.E. Execution for the Debt and Damage (as within mention is made) again&s;t the &s;aid <HI>J. C.</HI> &s;hould not have, as this Writ in it commandeth and requireth, by <HI>J.W.</HI> and <HI>R.C.</HI> good and lawfull men, &amp;c.</P>
<P>By vertue, &amp;c. &s;uch a Day and year, &amp;c. <NOTE PLACE="marg">By what right.</NOTE> <HI>I</HI> took into the hands of our Lady the Queen, the Tenements within written with the Appurtenances, and further the &s;ame Day and year, <HI>Scire feci,</HI> as well <HI>A.B.</HI> cheif Lord of the immediate Fee of the Tenement within written, with the Appurtenances, as the within written, <HI>H.D.</HI> by good and law full men of my bailiwick, that they &s;hould be be|fore the Ju&s;tices within written, at the Day and place therein contained, to hear the recognition within written, as within it is commanded me, and further I certifie the &s;ame Iu&s;tices, that there is not any other cheif Lord of the Fee afore&s;aid, mediately or immediately, between the Queen and thewithin written. A.B. to whom <HI>Scire fa|cere potui.</HI></P>
<P>By vertue of this Writ to me directed, <NOTE PLACE="marg">Fieri fa|cias.</NOTE> I have taken in Execution the within named ten pounds of the Land and Chattels of the afore&s;aid <HI>R.W.</HI> which truly ten pounds be|fore the Ju&s;tices within written at the Place and Day with|in contained I have ready, as this Writ <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n that commands and requires, &amp;c. <NOTE PLACE="marg">Execut. upon De|va&s;tavit.</NOTE></P>
<P>By vertue, &amp;c. <HI>Fieri feci,</HI> a hundred &s;hillings of the Goods and Chattels of the within named <HI>W.H.</HI> which tru|ly hundred &s;hillings before the Ju&s;tices within written, at the Day and place there in contained, I have ready, as, &amp;c. and further I certifie the &s;ame Ju&s;tices, that the Executors within written, have utterly wa&s;ted the Goods and Chattels of the within named <HI>W. H.</HI> the Te&s;tator, &s;o that the &s;aid &s;umm of ten Marks, within written, nor any parcell thereof for pre&s;ent can I levy by <HI>Fieri facias.</HI></P>
<P><PB N="538" REF="274">The within named R. B. hath no Goods, <NOTE PLACE="marg">Nothing.</NOTE> or Chartels, Lands, or Tenements in my Bailiwick, &s;o that I can levy the Money within &s;pecified, by <HI>Fieri facias,</HI> as within I am commanded, neither is the &s;aid R. to be found, nor is there any &s;uch per&s;on in my Bailiwick.</P>
<P>A. M. within written, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> hath no Goods, or Chattels with|in my Baliwick of which I can make Execution of that Writ, as, &amp;c. neither is he found in the &s;ame, nor hath any Lands or Tenements at the fourth Day of <HI>January,</HI> nor ever after, as it appears in a certain Schedule annexed to this Writ.</P>
<P>By vertue, <NOTE PLACE="marg">Where Good, re|main un|&s;old.</NOTE> &amp;c. 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 un&s;old, for lack of Buyers, and that the afore&s;aid A. W. no other, nor more Goods and Chattels, nor any Lands or Tenements hath in my Baili|wick, whereby the re&s;idue of the afore&s;aid eight pounds, &s;o that I can lay no Execution for the re&s;idue of the eight pounds, or take any other parcell for pre&s;ent, in Exe|cution, neither is he found in the &s;ame.</P>
<P>By vertue, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> &amp;c. I certifie the Barons within written, that the tenth Day of A. &amp;c. I took of the Goods and Chat|tels, Lands and Tenements, of the within named W. to the value, &amp;c. and of the Goods and Chattels, Lands and Tenements, of <HI>J. D.</HI> &amp;c. to the value, &amp;c. and tho&s;e I have &s;et to &s;ale, to which I have not yet found Buyers, and therefore the Money, &amp;c.</P>
<P>As yet the Goods and Chattels, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> which late of the Goods and Chattels of the Farmer, occupying and hold|ing the Mannour of W. to the value, &amp;c. I took into the hands of our Lady the queen, for defect of Buyers remain un&s;old, but from Day to Day I expo&s;e them to &s;ale, and of the Money ari&s;ing thereof, as &s;oon as I can, I will an|&s;wer you.</P>
<P>The Goods and Chattels, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> of which within in that VVrit, there is mention to &s;ell, and ten &s;hillings thereof coming to the Exchequer of our Lady the Queen at <HI>We&s;t|min&s;ter,</HI> at the Day in the VVrit limitted, I have made rea|dy, according to the tenor of this VVrit.</P>
<P>By vertue, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> &amp;c. I have &s;old the Goods and Chattels within written, by me fir&s;t taken, and al&s;o I have laid
<PB N="539" REF="274">Execution of the Goods and Chattels of R. S. within named, for the re&s;idue of the Debt therein contained, &s;o that I have all tho&s;e Moneys ready, before our Lady the Queen, at the Day and Place within contained, to pay to the within named H. VV. as within I am commanded.</P>
<P>To levy the Money by <HI>Fieri facias</HI> within written, <NOTE PLACE="marg">Super|&s;edeas.</NOTE> by ver|tue of a certain VVrit of the Queens of <HI>Super&s;edeas,</HI> to me directed, I do altogether de&s;i&s;t, which truly VVrit of <HI>Su|per&s;edeas</HI> I &s;end you annexed to this VVrit; and further I certifie, that the &s;aid J. C. hath not any other, or more Goods or Chattels, Lands or Tenements in the &s;ame, my Bailiwick, from whence any Money can be levied for pre|&s;ent, &amp;c.</P>
<P>Re&s;titution upon <HI>Fieri facias.</HI> <NOTE PLACE="marg">Nihil.</NOTE></P>
<P>J. G. and others within named have nothing, nor any of them have any thing in my Bailiwick, whereby Re&s;titu|tion of the Goods and Chattels within written, (for the fore&s;aid VV. M. to have) I can make, nor the four and twenty pounds within written, to the &s;aid M. could I make to be levied, as within, &amp;c.</P>
<P>T. F. within written, <NOTE PLACE="marg">Levari facias other|wi&s;e.</NOTE> hath no Goods or Chattels in my Bailiwick, of which the Money within written, nor any parcell thereof I can levy, as within I am command|ed, &amp;c.</P>
<P>By vertue, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> &amp;c. I have taken into the hands of our La|dy the Queen, a certain Inn, with three Shops in &s;uch a place, of the &s;aid J. T. within written, which are worth by the year over repri&s;es, ten pounds; and that the &s;aid Inn and Shops afore&s;aid, I &s;afely keep, till I have other from you in command.</P>
<P>The Execution of this VVrit appeareth in a certain In|qui&s;ition, &amp;c. An Inquiry indented, <NOTE PLACE="marg">Inquiry of Damages.</NOTE> taken at VV. in the County of VV. &s;uch a Day and Year, before R. VV. <ABBR>E&s;q</ABBR> Sheriff of the &s;aid County, by vertue of a certain VVrit of our Lady the queens, to the &s;ame Sheriff directed, and to this VVrit annexed; and this Inquiry was fini&s;hed, by the Oath of R. S. &amp;c. to the number of twelve Jurors, which &s;ay upon their Oath, that A. P. in the VVrit to this Inqui&s;ition annexed, nominated, &s;u&s;tained lo&s;&s;e by the occa&s;ion of the Tre&s;pa&s;&s;e by J. H. in the fore&s;aid VVrit nominated, as in the &s;ame writ, mention is made, to forty &s;hillings, and for Expences and Charges of the &s;aid A. P.
<PB N="540" REF="275">&s;pent by him upon the Suit in this part to forty &s;hillings, in which thing, &amp;c.</P>
<P>By vertue of this VVrit J. VV. S. <ABBR>E&s;q</ABBR> Sheriff of the County within written, <NOTE PLACE="marg"><GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">egit.</NOTE> &s;uch a Day and Year, did deliver to J. B. the half of the Mannours in this Inqui&s;ition, to this writ annexed, &s;pecified, with the Appurtenances, by an Extent made in the &s;aid Inqui&s;ition, to hold to him and his A&s;&s;ignes, as his Free-hold, untill the &s;aid J. B. hath levied his Debt and Damages within written, as within I am commanded.</P>
<P>By vertue of this writ, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> &s;uch a Day and Year, I have cau&s;ed to be delivered to the within named A. B. the half of the Mannour of S. with the Appurtenances, extended to the yearly value of forty pounds &s;terling in all i&s;&s;ues, <HI>ultra</HI> repri&s;es, by twelve Jurors in the Inqui&s;ition annexed to the writ, nominated, of which truly Mannour with the Appurtenances, B. G. and E. his wife were thereof &s;ei&s;ed as in right of E. his wife, in Fee, as of Free-hold, Day of the taking this Inqui&s;ition afore&s;aid, as in the &s;aid is found, to have and to hold the &s;ame half of the Mannour afore&s;aid, with the Appurtenances &s;o extended to the a|fore&s;aid A. B. and his A&s;&s;ignes, as his Free-hold, till the within named forty pounds from thence he &s;hall levy, ac|cording to the form of this writ.</P>
<P>The Re&s;idue truly of Executions of this writ do appear in a certain Inqui&s;ition to this writ annexed, &amp;c.</P>
<Q>Of a <HI>Liberate</HI> after an Extent made upon an <HI>Obligation,</HI> of a <HI>Statute Staple.</HI></Q>
<P>By vertue, <NOTE PLACE="marg">Delibera|tion.</NOTE> &amp;c. I have delivered to the within named B.S. the Mannours, Lands, and Tenements within written, to have to him and his A&s;&s;ignes as their Free-hold, untill to him of the Debt within written, together with his Dama|ges, Charges, and Expences be fully &s;atisfied, &amp;c.</P>
<P>By vertue, <NOTE PLACE="marg">Extent.</NOTE> &amp;c. I certifie our Lady the queen in her Chancery at the Day and Place therein contained, where|&s;oever they be, that &s;uch a Day and Year I delivered the Sei&s;in and Po&s;&s;e&s;&s;ion of, and in the Mannours, Lands, and Tenements within &s;pecified, to the within named W. C. according to the exigent of this writ, and the with|in named H. M. is not found in my Bailiwick.</P>
<P>J. M. within named is not found in my Bailiwick, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> therefore I cannot take him at pre&s;ent, but as to the ex|tending,
<PB N="541" REF="275">and valuing all the Lands and Tenements of the &s;aid J. M. according to the forme of this Writ; the Execution thereof doth appear in a certain Inqui&s;ition to this writ annexed, which truly Lands and Chattels in the &s;aid Inqui&s;ition contained, I have cau&s;ed to be &s;ei&s;ed into the hands of our Lady the Queen.</P>
<P>A. B. within named is not found in my Bailiwick, <NOTE PLACE="marg">Other|wi&s;e, within Liberties.</NOTE> and therefore by vertue of this Writ to me directed, I have ex|tended and apprized all the Lands, and Tenements, Goods, and Chattels of the afore&s;aid A. in my &s;aid Baili|wick, which truly Extent is to this Writ annexed; and al&s;o all the Lands and Tenements afore&s;aid, in the &s;ame Extent &s;pecified, together with his rea&s;onable Damages and Co&s;ts I have levied according to the form of the Sta|tute, thereof inacted and provided, and according to the form of this Writ.</P>
<P>By vertue, <HI>&amp;c.</HI> <NOTE PLACE="marg">To give Sei&s;in.</NOTE> I have taken the Goods and Chattels of J. M. within mentioned to the value of all the Money within written, and have &s;et them to &s;ale, and becau&s;e I have not yet found Buyers, therefore the Money with|in, <HI>&amp;c.</HI> I cannot have at the Day and Place within con|tained, as, <HI>&amp;c.</HI></P>
<P>By vertue, <HI>&amp;c</HI> I certifie the Ju&s;tices within written, <NOTE PLACE="marg">To deli|ver Sei|&s;in.</NOTE> that &s;uch a Day and Year within written, I have cau&s;ed A. B. to have full Po&s;&s;e&s;&s;ion of one Hou&s;e with the Appur|tenances in S. within written, in all, as this Writ, <HI>&amp;c.</HI></P>
<P>By vertue, <HI>&amp;c.</HI> &s;uch a Day and Year within &s;pecified, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> I cau&s;ed the within named A. B. to have and to be a&s;|&s;igned, full Sei&s;in of a Mannour and Tenement within &s;pecified, in a convenient place, that is to &s;ay, of the Mannour of F. twenty Acres of Land, a hundred Acres of Meadow, <HI>&amp;c.</HI> with the Appurtenances in F. <HI>&amp;c.</HI> in the County within written, according to the forme and ef|fect, <HI>&amp;c.</HI></P>
<P>By vertue, <NOTE PLACE="marg">View.</NOTE> &amp;c. I have made R. G. to have the view of one Hou&s;e with the Appurtenances in C. and I have told R. S. and J. D. T. M. and H. R. four Knights of tho&s;e, which were pre&s;ent at the view, that they &s;hould be before the Ju&s;tices within written, at the Day and Place therein contained, to te&s;tifie that view, as that Writ in it com|mandeth and requireth.</P>
<P>By vertue, &amp;c. I certifie the Ju&s;tices within written,
<PB N="542" REF="276">that none, of the part of R. S. came to &s;hew me the view of a Hou&s;e, and Meadows, with their Appurtenances within written, therefore touching the Execution of that Writ, nothing is done by me, for this pre&s;ent.</P>
<P>By vertue, <NOTE PLACE="marg">To have the view.</NOTE> &amp;c. I certifie the iu&s;tices within written, at the Day and place within contained, that &s;uch a Day and year, I cau&s;ed the within written J.F. and M. his VVife to have the view of the Hou&s;e, &amp;c. within &s;pecified, with the appurtenances, and I told A.B.C.D.E.F.G.H. four Knights of my County, which were pre&s;ent at the view, that they &s;hould be before the Iu&s;tices afore&s;aid, at the Day and Place therein contained, to te&s;tifie that view, as within I am commanded.</P>
<P>By vertue, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> &amp;c. of our Lady the Queens, to this &s;ce|dule annexed, I have cau&s;ed I.G. in the &s;aid VVrit nomi|nated, to have the view of &s;ixty Acres of Pa&s;ture, with the appurtenances in G. which H.F. in the Courrt of our Lady the Queen, before her Iu&s;tices at <HI>We&s;tmin&s;ter</HI> claims as his Right and inheritance, again&s;t the afore&s;aid <HI>I G.</HI> by a writ of the Queens, in Form of Gift in Di&s;cender, and <HI>I</HI> &s;aid to four Knights, which were pre&s;ent at the view, that they &s;hould be before the Iu&s;tices of our&s;aid Lady, the Queen at <HI>We&s;tmin&s;ter,</HI> at the Day in the &s;aid VVrit &s;peci|fied, to te&s;tifie that view, as in the &s;aid VVrit I am com|manded.</P>
<P>None came to me of the part of the within named R. F. <NOTE PLACE="marg">Other|wi&s;e.</NOTE> to &s;hew me the view of a Pa&s;ture within &s;pecified, for which cau&s;e I could not make the view of that Pa&s;ture within written to R.F. to have. The execution of this writ doth appear in a certain inqui&s;ition to this writ an|nexed.</P>
<P>Inqui&s;ition indented, <NOTE PLACE="marg">Inqui&s;i|tion.</NOTE> taken at G. (which is a place wa&s;t|ed) in the County of D. &s;uch a day and year, before <HI>W.</HI> L. the Sheriffe afore&s;aid, by vertue of a Writ of our Lady the Queens, to the &s;ame Sheriffe thence directed by the Oath of twelve men &s;worn, which &s;ay upon their Oath, that R.M. in the &s;aid Writ nominated, made Wa&s;t, and de&s;truction in a Wood, in which, in the Writ afore&s;aid there is mention, and in the Wood afore&s;aid, cut twenty Oaks, price every one twenty pence, part whereof he &s;old, and part carried away, to the di&s;inheriting of VV.F. within written, and again&s;t the Form of provi&s;ion in the
<PB N="543" REF="276">&s;aid VVrit &s;pecified, and &s;ay upon their Oath, that the a|fore&s;aid R. hath made no more VVa&s;t in the VVood afore|&s;aid, as to them any way can appear, in witne&s;&s;e of which thing, &amp;c.</P>
<P>By vertue, &amp;c. I came to a place wa&s;ted, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> in the VVrit contained, as within I am commanded, and the re&s;idue of the execution of this VVrit doth appear in a certain inqui&s;ition to this VVrit annexed.</P>
<P>An inqui&s;ition indented, <NOTE PLACE="marg">Inqui&s;i|tion.</NOTE> taken at F. in the County of VV. &s;uch a day and year, before VV. K. E&s;quire, She|riffe of the afore&s;aid, by vertue of a certain VVrit of our Lady the Queens to him directed, and to this inqu&s;i|tion annexed, by the Oath of A.B &amp;c. to the number of twelve, which &s;ay upon their Oath, that I.B. in the a|fore&s;aid VVrit nominated, made wa&s;te, &s;ale, and de&s;tru|ction, in Tenements, Lands, and woods, in the afore|&s;aid VVrit &s;pecified, that is to &s;ay, in &s;uffering a Hall, &amp;c. in the writ &s;pecified, to be uncovered, by which the great timber of the &s;ame Hou&s;e, by tempe&s;ts of Rain falling up|on them, became rotten, <HI>&amp;c.</HI></P>
<P>By vertue of this writ to me directed, I have made to come before the Ju&s;tices within written, at the day and place therein contained, all writs, A&s;&s;. of Iurors, and Cer|tificates in the County of VV. within written, together with the Pannells, Attachments, Re-attachments, Re-&s;um|mons, and all other Adminicles, A&s;&s;. of Iurors, and certifie tho&s;e whom they concern, I have made al&s;o, made come before the &s;aid Iu&s;tices at the Goale Delivery of our Lady the Queen of F. of the Pri&s;oners therein, being to be delivered, a&s;&s;igned at F. afore&s;aid, at the afore&s;aid Day, all the Pri&s;oners in the Goale afore&s;aid, being them any way concerned, and to the view of every Town and place, where the Felonies (of which the &s;aid per&s;on in|dicted apppealed, or arre&s;ted were) were committed, as well within the Liberties, as without; twenty four good and lawfull men, to whom the truth of the thing, may be be&s;t known and inquired, and who are not any way of kin|dred to the &s;aid Pri&s;oners, 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 &s;aid Lady our Queen, they are now injoyned: and al&s;o <HI>I</HI> have made it to be publickly proclaimed throughout my whole Baili|wick,
<PB N="544" REF="277">that all they which would follow again&s;t tho&s;e Pri|&s;oners, that then they &s;hould be there again&s;t them (as it was iu&s;t) to pro&s;ecute; and I did give under&s;tanding al&s;o, to all the Iu&s;tices of the Peace, Coroners, Stewards, Bai|liffes of Liberties, and Hundreds, of the County afore&s;aid, that then hey &s;hould be there with their Rolls, Records, indictments, and other their remembrances, to do that which to their Office belonged; as within I am com|manded.</P>
<P>The re&s;idue of the execution of this Precept, doth ap|pear in a certain &s;cedule to this Precept annexed.</P>
<P>By vertue, <NOTE PLACE="marg">Se&s;&s;ion.</NOTE> &amp;c, I have made to come before the Iu&s;ti|ces within written at M. within &s;pecified, the day and year within contained, all Con&s;tables, and Bailiffes of Hundreds, and Burgers within &s;pecified, and al&s;o of all afore&s;aid Hundreds, twenty four Iurors, to do tho&s;e things, which to them on the behalf of our Lady the Queen, then and there, they are inioyned: I have al&s;o given notice to all Con&s;tables, and Bailiffes of Hundreds, within writ|ten, that they &s;hould be there, having the names of all the Artificers, Labourers, and &s;ervants of Husbandry, within the Hundred afore&s;aid, again&s;t the form of the &s;tatute, to that end enacted, and provided.</P>
<P>And likewi&s;e, I cau&s;ed very &s;ufficiently to be proclaimed within my Bailiwick, that all they, which as well for the &s;aid Lady the Queen, as for them&s;elves, again&s;t any of the Artificers, Labourers, and &s;ervants, any complaint according to the Form of the &s;tatute, provided to com|plain off, or would pro&s;ecute, that then they &s;hould bring in their Bill before the Iu&s;tices, if they thought fit, as within <HI>I</HI> am commanded.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>A Calender.</HEAD>
<P>A Calender of the names of the Ju&s;tices of peace, <NOTE PLACE="marg">Derby.</NOTE> of our Lady the Queen, Coroners, Stewards, Bai|liffes of Liberties, and Hundreds, in the County afore|said, Summoniters, at the A&s;&s;i&s;es held at C. in the Coun|ty afore&s;aid, the Thur&s;day, in the fourth week of <HI>Lent,</HI> the year of the Reigne of our Lady <HI>Elizabeth,</HI> by the grace of God, of <HI>England, France,</HI> and <HI>Ireland, Queen,</HI> Defender
<PB N="545" REF="277">of the Faith, &amp;c. twentieth, of the names of the Pri|&s;oners in Goal of D. afore&s;aid, being A.B.C.D.</P>
<LIST>
<ITEM><HI>The names of the Ju&s;tices of the Peace.</HI> A.B.C.D.&amp;c.</ITEM>
<ITEM><HI>The names of the Coroners.</HI> A.B.C.D.&amp;c.</ITEM>
<ITEM><HI>The names of the Steward, and Bailiffes of the Liberty.</HI> E.F.G.H.</ITEM>
<ITEM><HI>The names of the Bailiffes of the Hundred. I.</HI> K.L.M.</ITEM>
<ITEM><HI>The names of the Pri&s;oners in the Goal of</HI> D. <HI>being J.S.</HI> repreived.</ITEM>
<ITEM><HI>J.</HI>N. taken at S. for &s;u&s;pition of Felony.</ITEM>
</LIST>
<P>Proce&s;&s;e in the Chancery.</P>
<P>I have made to be cho&s;en two Knights, <NOTE PLACE="marg">For the Knights of the Parlia|ment to be cho&s;en.</NOTE> girded with Swords, the mo&s;t fit and di&s;creet of my County afore&s;aid, that is to &s;ay, VV.F. and J.S. which truly Knights have a full, and &s;ufficient power for the County afore&s;aid, to do and con&s;ent to tho&s;e, which at the day and place within named, of the Common Councell of the Realm of the <HI>Queen</HI> of <HI>England,</HI> ordinarily are handled, and the afore|&s;aid 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 <HI>We&s;tmin&s;ter,</HI> at the day within contained, to do, as that Writ in it commandeth, and requireth: I have al&s;o made a Precept, tby vertue of this Writ to J.P. and W.S. Bailiffes of the Liberty of the Town of G: that of the Town of G. they &s;hould cau&s;e to be cho&s;en two Burge&s;&s;es of the di&s;creete&s;t, and mo&s;t &s;ufficient, that they be at the Parliament of the &s;aid Lady the <HI>Queen,</HI> at the day within contained, to do and con&s;ent as afore&s;aid, which truly Bai|liffes &s;o an&s;wer me, that they have cau&s;ed to be cho&s;en of the afore&s;aid <HI>Burrough</HI> of G. two Burge&s;&s;es di&s;creet, and mo&s;t &s;ufficient, to be of the Parliament afore&s;aid, that is to &s;ay, S. W. and R.VV.</P>
<P>By vertue, &amp;c. at my next County Court, <NOTE PLACE="marg">For choo|&s;ing Bur|ge&s;&s;es of the Parli|ament,</NOTE> after the receit of the &s;ame, held at W. &s;uch a day and year, in my full Court, I cau&s;ed to be proclaimed all things in that writ contained, acccording to the Form and effect of this VVrit, as, &amp;c. the re&s;idue truly of the execution
<PB N="546" REF="278">of this VVrit, doth appear in certain Indenture to this VVrit annexed.</P>
<P>This Indenture made &s;uch a day and year, <NOTE PLACE="marg">Inden|ture.</NOTE> between M. P. Sheriffe of the County of C. of the one part, and <HI>J.D.</HI> and A.B. &amp;c. of the other part, witne&s;&s;eth, that according to the Form of the writ to this Indenture annex|ed (Proclamation being made in the full County Court, held at C. &s;uch a day, and year) the afore&s;aid <HI>J.</HI>D. and S.B. &amp;c. which were in the County Court afore&s;aid, at the making the Proclamation, according to the Form of the Statutes in the writ afore&s;aid &s;pecified, and the command of the &s;aid writ, cho&s;e A.D. and <HI>J.</HI> A. to be Burge&s;&s;es of the City afore&s;aid, at the Parliament in the &s;aid writ &s;pecified, which have a full and &s;ufficient power for them, and the County of the City afore&s;aid, to do and con|&s;ent, as the writ in it &s;elf commandeth and requireth, in witne&s;&s;e whereof, the parties afore&s;aid to the&s;e Indentures have &s;everally &s;et their Seals, &amp;c.</P>
<P>By vertue of this writ, as well within the Liberties as without, <NOTE PLACE="marg">Upon the Writ of receiving the order of Knight|hood.</NOTE> throughout my whole Bailiwick, <HI>I</HI> have made to be proclaimed, that all and &s;ingular per&s;ons, that have Lands, Tenements and Rents, as is within written (who&s;e names in a certain &s;cedule to this writ annexed are writ|ten) at the pre&s;ence of our Lady <HI>Queen,</HI> about the Fea&s;t within written, per&s;onally &s;hall appear, and come to take the afore&s;aid order, as within <HI>I</HI> am commanded.</P>
<P>By vertue, <NOTE PLACE="marg">Adjourn|ment.</NOTE> &amp;c. all writs to me delivered, or to be de|livered, before the Iu&s;tices within written at <HI>We&s;tmin&s;ter,</HI> in <HI>Octabis</HI> of Saint <HI>Hillary,</HI> returnable, or returned, <HI>I</HI> have before the Iu&s;tices within written at <HI>We&s;tmin&s;ter,</HI> the day, &amp;c. together with all executions of the &s;ame, and fur|ther army County Court held at N. &s;uch a day and year, publickly <HI>I</HI> made to be proclaimed, that the parties in the &s;ame writs named, &s;hould keep their dayes before the Iu|&s;tices at <HI>We&s;tmin&s;ter,</HI> the next Term, as this writ, &amp;c.</P>
<P>By vertue of this writ, <NOTE PLACE="marg">Certior are upon pro|tection.</NOTE> of our Lady the <HI>Queens</HI> within written, in her Chancery, under my Seal, di&s;tinctly and o|penly, that I certifie VV.T. within named, under the &s;afe cu&s;tody defence &amp; tuition of the Town, Ca&s;tle, of the Mar|ches of the Queen at <HI>Callice,</HI> in obedience to the &s;aid Lady Queen in S. afore&s;aid, the &s;aid kin&s;man of hers holding place as Generall of the Town, Ca&s;tle, and Marches afore|&s;aid,
<PB N="547" REF="278">according to the Form of the Queens Letters Pa|tents, by which the &s;aid Lady Queen took the fore&s;aid W. T. into her protection and defence, doth not &s;tay, but draweth his &s;tay in the City of <HI>London,</HI> intending his own proper bu&s;ine&s;&s;e, <HI>&amp;c.</HI></P>
<P>I <HI>J.D.</HI> Knight, Sheriffe of the County within named, <NOTE PLACE="marg">Supplica<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> vit.</NOTE> do certifie our Soveraigne 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 <HI>Queens</HI> Pri&s;on, there under my cu&s;tody detained, by vertue of a certain other writ to this Writ annexed, for which truly, the afore&s;aid A.B. before the coming of this Writ was delivered in the Bai|liwick to A.B.C.D.E.F. and H.P. which undertook, and each of them undertook by him&s;elf, for the afore&s;aid A. B. upon the pain of ten pounds, that he &s;hould do no dammage or ill to H. P. in the &s;aid Writ of <HI>Supplicavit</HI> &s;pecified, within the &s;pace of &s;uch a day next coming, nor by any Means &s;hould procure it, which 10. <HI>l.</HI> the Manu|captors afore&s;aid granted, and each of them for him&s;elf granted of their Lands and Tenements, and of each of them to the u&s;e of our &s;aid Lady the <HI>Queen,</HI> &s;hould be le|vyed, if any dammage or ill came to the &s;aid A.B. or by his procurement in the mean time, any &s;hould come by any means, &amp;c. and this is the Surety of the Peace, which the afore&s;aid A.B. before me hath found.</P>
<P>Under which truly Bail, <NOTE PLACE="marg">Or &s;o.</NOTE> the afore&s;aid C. was &s;uffered to go at large out of the Pri&s;on afore&s;aid, and afterwards returned not to my cu&s;tody; therefore the body of the &s;aid C. before our Lady the <HI>Queen,</HI> at the day and place within contained, I cannot have.</P>
<P>I. &amp;c. certifie our Lady the <HI>Queen</HI> in her Chancery, <NOTE PLACE="marg">Or &s;o.</NOTE> that R.P. within named, hath found to me no &s;ecurity of the Peace, of which within there is mention, but remains in pri&s;on of our Lady the <HI>Queens,</HI> under my cu&s;tody at pre&s;ent.</P>
<P>For certain, <NOTE PLACE="marg">Or &s;o.</NOTE> truly complains of the threats the afore|&s;aid 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 afore&s;aid J.B that he &s;hould do no dam|mage, or any ill to the afore&s;aid H.P. and T. D. or ei|ther of them, untill the Day after the Fea&s;t of Saints next coming, nor &s;hould procure to be done, which truly twenty
<PB N="548" REF="279">pounds, the afore&s;aid Manucaptors granted, and each of them to be levied to the u&s;e of our Lady the Queen, if any Dammage or ill to the &s;aid R. P. and T. D. or either of them by the afore&s;aid J.B. or by his procurement, to any of them, &s;hould come in the mean time, under which baile truly, <HI>&amp;c.</HI> at large, <HI>&amp;c.</HI></P>
<P>Before the coming of this VVrit, <NOTE PLACE="marg">Ne exeat Regnum</NOTE> and before any execu|tion thereof, A.B. C.D.E.F.&amp;c. Came before J.D. Sherif of <HI>W.</HI> and undertook before me the afore&s;aid Sheriff, for L. M. that is to &s;ay, Every one of the Manucaptors afore&s;aid, under the pain of ten pounds that the &s;aid L. before the day after All <HI>Soules</HI> next coming, &s;hould not convey him&s;elf to any parts beyond Seas; to pro&s;ecute or attempt any thing there to the prejudice of the &s;aid Lady the Queen, or any of the People of the &s;aid Queen, or the lo&s;&s;e of our State of <HI>England,</HI> &s;hould prevaile, nor from hence to &s;end any body for that cau&s;e, which truly &s;umm of ten pounds the &s;aid Manucaptors granted, and each of them for him|&s;elf, granted of their Lands and Chattells, to the u&s;e of the &s;aid Lady Queen to be levied; if the &s;aid <HI>L.</HI> any thing a|gain&s;t the form of this Mauncaption afore&s;aid, &s;hall do, or cau&s;e to be done, or by any means attempt: And here is the Tenor of the &s;ecurity, whereof within there is mention made, which to the &s;aid Lady Queen into her Chancery, &amp;c. at the day and place, &amp;c. <HI>I</HI> &s;end.</P>
<P>By vertue of this VVrit to me directed, <NOTE PLACE="marg">Procla|mation out of the Chancery.</NOTE> <HI>I</HI> have made a publick Proclamation within my bailiwick, that the with|in named <HI>H.B.</HI> upon the pain of his allegiance, before our Lady the Queen in her Chancery afore&s;aid, at the day within written &s;hall appear, as within <HI>I</HI> am commanded, and likewi&s;e <HI>I</HI> certifie the &s;aid Lady Queen, that the with|in named <HI>H.B.</HI> is not to be found in my Bailiwick.</P>
<P>By vertue of this VVrit, <NOTE PLACE="marg">Premu|nire.</NOTE> &s;uch a day and year by <HI>J.S.T. W.R.T. and E.F.</HI> good and lawfull men of my bailiwick, <HI>Premunire feci, W.R.</HI> Clarke within nominated, that he &s;hould be before our Lady the Queen, at the day within contained wher&s;oever, &amp;c. to do and to receive as that Writ in it commandeth and requireth, and <HI>J. B.</HI> and the re&s;t of the Defendants within named, have nothing within my bailiwick, by which <HI>I</HI> can <HI>Premunire facere,</HI> for pre&s;ent, neither are they to be found in the &s;ame.</P>
<P>I certifie our Lady the Queen that the within named <HI>I.
<PB N="549" REF="279">H.</HI> before the coming of this Writ to me directed, was dead. <NOTE PLACE="marg">Of choo|&s;ing a Verdecer in the Forre&s;t.</NOTE> And that <HI>I</HI> after the receit of this Writ to me directed, in my full County Court held at <HI>Wilton</HI> in my County the 29th. day of <HI>May</HI> the year within written, by a&s;&s;ent of the &s;aid County, in the place afore&s;aid, <HI>I</HI> made to be elected one <HI>N.S.</HI> <ABBR>E&s;q</ABBR> a Verdecer of the Forre&s;t of <HI>B.</HI> within writ|ten, to do as the &s;aid Writ in that commandeth and re|quireth.</P>
<P>At my County Court, held &s;uch a day and year, <NOTE PLACE="marg">Election of a Coro|ner.</NOTE> in the full County afore&s;aid, by vertue of this Writ, and by the con&s;ent of the &s;aid County in the place of <HI>P.H.</HI> within na|med, (which died) I cho&s;e a Coroner, that is to &s;ay, <HI>I.W.</HI> who (as the manner is) took his corporall Oath, that he &s;hould do tho&s;e things, and ob&s;erve what to the Office of a Coroner in the County afore&s;aid appertained to be done, as within, <HI>&amp;c.</HI></P>
<P>By vertue of this VVrit I &s;ummon, Arch-Bi&s;hops, <NOTE PLACE="marg">Ju&s;tices of Forre&s;t Summon.</NOTE> Bi|&s;hops, Abbots, Earls, Barons, and all other free Tenants which have Lands and Tenements within the bounds of the Forre&s;t of the &s;aid our Lady the Queen within written, in my County, and four men, and the cheif of every town within the bounds of this Forre&s;t, and al&s;o twelve good and lawfull men of every town within the bounds of the &s;aid Forre&s;t dwelling, which ought to come and were wont, that they be before our In&s;tices within written, at the day and place within contained, as within I am commanded. Publickly al&s;o I have made to be proclaimed through all my Bailiwick, as well in Burroughs as in other Townes, and in Faires, Markets, and other publick places, that all tho&s;e which by Charters of our Lady the Queen, now, or of her Predece&s;&s;ors, or her Progenitors, or any way, any li|berties or Franchi&s;es claim to hold, and by what warrant, that they be before our &s;aid Ju&s;tices, at the day and place afore&s;aid, I al&s;o made to be proclaimed that all attached for Vert or Veni&s;on, or hunting in the Forre&s;t afore|&s;aid, after the la&s;t Plea of the Forre&s;t afore&s;aid held, and their Pledges, and Manucaptors afore&s;aid to be, and before the afore&s;aid Ju&s;tices to &s;tand to their right, and to do tho&s;e things which according to the Law of the Forre&s;t they ought to do.</P>
<P>The re&s;idue of the Execution of this Writ doth appear in certain Pannells to this Writ annexed.</P>
<P><PB N="550" REF="280">By vertue, <NOTE PLACE="marg">Capias ut legatum.</NOTE> <HI>&amp;c.</HI> I have taken the body of <HI>H.S.</HI> within named, who&s;e body before the Iu&s;tices within written, I have ready at the day and place therein contained, as within I am commanded, the re&s;idue truly of this execu|tion of this Writ, doth appear in a certain Inqui&s;ition to this annxed.</P>
<P>Before the comming of this Writ, <NOTE PLACE="marg"><HI>Other wi&s;e be|tween</HI> 2 <HI>Sheriffs.</HI></NOTE> <HI>J.M.</HI> <ABBR>E&s;q</ABBR> late Sheriff of the County of <HI>W.</HI> the within named <HI>T.D.</HI> took, and in the Pri&s;on of our Lady the Queens Pri&s;on with him de|tained, by vertue of a certain Writ of our Lady the queens to the late Sheriff directed, which &s;aid <HI>T.D.</HI> late Sheriff, to|gether with the Writ to him directed, to me <HI>J. D.</HI> Knight, now Sheriff of the County afore&s;aid, in the end of his Of|fice, hath delivered, who&s;e truly body and the Writ to the &s;aid late Sheriff directed, <HI>J.</HI> the afore&s;aid now Sheriff be|fore the Iu&s;tices within written, at the day and place afore|&s;aid, have ready, to do and receive what the &s;aid Writ in that commands and requires.</P>
<P>This Writ as it is above indorced, <NOTE PLACE="marg">Te&s;tificate returned of the late Sheriff.</NOTE> together with the inqui&s;ition to this Writ annexed twentieth day of <HI>June,</HI> in the year of the Reigne of our Lady the Queen within written, ninth, was delivered to me <HI>J.D.</HI> Knight, Sheriff of <HI>W.</HI> within written by <HI>J. E.</HI> <ABBR>E&s;q</ABBR> late Sheriff of the County afore&s;aid, my Predece&s;&s;or, in the going out of his Office.</P>
<P>This la&s;t return ought to be written in Romane Let|ters.</P>
<P>By vertue, <NOTE PLACE="marg">Certiora|re.</NOTE> <HI>&amp;c.</HI> All and &s;ingular indictments, <HI>R.B.</HI> with|in named before our Lady the Queen, where&s;oever &s;he were in <HI>England,</HI> at the day within contained, I &s;end in a certain Scedule to this Writ annexed.</P>
<P>We <HI>A.B. and C.D.</HI> Coroners of our Lady the Queen of the County within written; <NOTE PLACE="marg">Other|wi&s;e by the Coro|ners.</NOTE> Do certifie the Iu&s;tices within written, at the day and place within contained, that we have &s;earched the Rolles, and other our remembrances, and al&s;o all and &s;ingular writings of all and &s;ingular Courts held in our pe&s;ence, as well at the Suit of our Lady the Queen, as at the Suit of <HI>G.H.</HI> or any other pubi&s;hed, and we can finde nothing thereof nor can certifie any &s;uch Re|cord, before the Iu&s;tices, according to the form of this Writ.</P>
<P>By vertue, <HI>&amp;c.</HI> I certifie the Iu&s;tices within written,
<PB N="551" REF="280">that &s;uch a day and year, I took into the Queens bands 3. <NOTE PLACE="marg">Ce&s;&s;ation by two weeks.</NOTE> Hou&s;es <HI>&amp;c.</HI> within written, by the view of <HI>A.B.C.D.E.F. and. G.H.</HI> good and lawfull men of my bailiwick, as within I am commanded.</P>
<P>By vertue, <HI>&amp;c.</HI> <NOTE PLACE="marg">Dedimus pote&s;tt a|tem.</NOTE> I certifie our Lady the Queen into her Chancery, that <HI>A.B.</HI> within named, before us hath taken his Corporall Oath, that the Letters Patents (whereof within there is mention made) came to the hands of the within named <HI>C.D.</HI> his Te&s;tator. But by his Oath, he &s;aith, that nothing of the Articles and other circum&s;tances in the &s;ame Letters Patents &s;pecified, before him was found.</P>
<P>The An&s;wer of <HI>H.L.</HI> and <HI>J.D.</HI> Commi&s;&s;ioners.</P>
<P>By vertue of this Commi&s;&s;ion to us directed, <NOTE PLACE="marg">The re|turn of Commi&s;&s;i|ons.</NOTE> we have taken the An&s;wer of <HI>T. D.</HI> within named, upon the holy Evangeli&s;t, that all things in the &s;aid An&s;wer are true, which An&s;wer &s;o taken is to this Commi&s;&s;ion annexed, to|gether with the Bill, together in the &s;ame directed, and all other things which in the &s;aid Commi&s;&s;ion are contained, or belong to it, we have made to be done, according to the effect and tenor of the &s;ame, as within we are com|manded.</P>
<P>Returne for the Chancery, or the Ma&s;ter of the Rolls.</P>
<P>By vertue, &amp;c. there was a Search made among&s;t the Records of the Chancery of our Lady the Queen within written, and in them, or any of them, <HI>I</HI> finde as yet no Record for the Queens title, by which it can appear, of a|ny Lands or Tenements, with the appurtenances in S. in C. which were of late the within named <HI>J. S.</HI> which ever came to the hands of our &s;aid Lady the Queen, as in this Writ is &s;uppo&s;ed.</P>
<P>I certifie the Ju&s;tices afore&s;aid, <NOTE PLACE="marg">Decies tantum.</NOTE> that the within named <HI>S.A.</HI> 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 &s;hall con&s;ider of that, ac|cording to the form of this Writ.</P>
<P>I <HI>J.D.</HI> <NOTE PLACE="marg">Suerty o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the Pe<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></NOTE> a&s;&s;igned one of the Ju&s;tices of our Lady the Queen in the County of <HI>D.</HI> of the Peace to be kept. Send before our Lady the Queen in her Chancery, the Tenor of the &s;ecurity of the Peace, of which in the &s;aid VVrit there is mention, under my Seal, as the &s;aid VVrit in that com|mandeth
<PB N="552" REF="281">and requireth, <HI>&amp;c.</HI> VVhich truly &s;ecurity is an|nexed to this VVrit</P>
<P>Security of the Peace as it is taken.</P>
<P>The an&s;wer of <HI>T.F.</HI> Mayor of the City of <HI>D.</HI> and one of the Ju&s;tices of our Lady the Queen, a&s;&s;igned in the &s;ame City to pre&s;erve the Peace.</P>
<P>By vertue, <NOTE PLACE="marg">Certificate &s;cedule.</NOTE> <HI>&amp;c.</HI> All and &s;ingular the Recognizances, which <HI>A.D.</HI> and the re&s;t within named before the ju&s;tices within written, late made, with all things touching them, before our Lady the Queen, at the day and place therein contained, I &s;end under my Seal to the&s;e pre&s;ents annex|ed as within, <HI>&amp;c.T.F.</HI> Mayor of the City afore&s;aid.</P>
<P>Proce&s;s out of the Exchequer.</P>
<P>The within named Lady <HI>J.S.</HI> hath nothing in Man|nors, <NOTE PLACE="marg">Nihil.</NOTE> Lands, and Tenements within written, but with <HI>J.S.</HI> <ABBR>E&s;q</ABBR> whom &s;hee took to Husband.</P>
<P>By vertue of this VVrit to me directed, <HI>I</HI> have taken the body of the within named <HI>J.S.</HI> who&s;e body, <NOTE PLACE="marg">Ce<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">i Cor|pus.</NOTE> before the Ba|rons within written I have ready, as within I am comman|ded.</P>
<P>By vertue of this writ to me directed, I certifie the Barons within written, <NOTE PLACE="marg">I have taken, as well the body as the Lands Di&s;tre&s;&s;e.</NOTE> that I have taken the body of the within named <HI>J.R.</HI> who&s;e body before the &s;aid Barons, <HI>I</HI> have ready, at the day within contained.</P>
<P>And al&s;o twentieth day of <HI>January</HI> the eighth year with|in, written I took into the hands our &s;aid Lady the queen, by name of Di&s;tre&s;&s;e, certaine Lands and Tenements of the within named <HI>J.R.</HI> lying and being in <HI>B.</HI> of the yearly value of a hundred &s;hillings, as the &s;aid Writ in it com|manded and required.</P>
<P>The within named J.E. is not to be found in my baili|wick, <NOTE PLACE="marg">I have taken as well body as goods.</NOTE> nor hath any Goods or Chattells in my Bailiwick: But by vertue of this VVrit to me directed I certifie the Barons within written, that the fifteenth day of <HI>June</HI> in the twentieth year of the Queen within written, <HI>I</HI> took into the hands of the &s;aid Lady the <HI>Q.</HI> in name of Di&s;tre&s;s, &s;even Hou&s;es or Tenements with their appurtenances in M. which are of the cleer yearly value of fifty &s;hillings, and one cheif Hou&s;e or Farm, with the Appurtenances in <HI>W.</HI> of the yearly value of five Markes.</P>
<P>The within named <HI>A B.</HI> is not to be found in my baili|wick, <NOTE PLACE="marg"><GAP DESC="illegible" RESP="pdcc" EXTENT="1 span">.</NOTE> and further I certifie the Barons within written, that
<PB N="553" REF="281">by vertue of this VVrit to me directed. Such a day and year within written, <HI>I</HI> took into the hands of our Lady the Queen, one Hou&s;e or Tenement, with the Appurte|nances in <HI>B.</HI> in the County of <HI>W.</HI> within written, of the yearly value of ten pounds, as the Lands and Tenements of the within named <HI>A.B.</HI> And al&s;o &s;ix cowes, one Bull, and one Gelding, price in all eight pounds of the Goods and Chattells of the &s;aid <HI>A.B.</HI> in name of Di&s;tre&s;&s;e, as I am commanded.</P>
<P>All which truly goods and chattells with me remaine un&s;old for defect of Buyers, and the &s;aid <HI>A.B.</HI> no other or more goods and chattells, Lands or Tenements, hath with|in my bailiwick, which into the hands of our Lady the Queen for pre&s;ent, by any means I can take or &s;ei&s;e</P>
<P>I certifie the Barons afore&s;aid, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> that by vertue of this VVrit to me directed, the eighth day of <HI>J.</HI> &amp;c. within written, I have taken into the hands of our Lady the Queen, the Mannor of <HI>S.</HI> with the Appurtenances within written, as, <HI>&amp;c.</HI></P>
<P>The re&s;idue of the execution of this VVrit doth appeare in a certain &s;cedule to this VVrit annexed. <NOTE PLACE="marg">Scedule.</NOTE></P>
<P>An Inqui&s;ition indented, taken at <HI>S.</HI> in the County a|fore&s;aid the eighth day of <HI>January</HI> the year, <HI>&amp;c.</HI> Before me, J.H. Knight, Sheriffe of the County afore&s;aid, by Writ of a Right clo&s;e, of the &s;aid Lady <HI>Queens</HI> to me di|rected, which is annexed to this Inqui&s;ition, by the Oath of J.D.R.R. &amp;c. good and lawful men of the County afore|&s;aid, which do &s;ay upon their Oath, that the Mannor of S. with the appurtenances, is of the yearly value of five pounds, be&s;ides all charges, and repri&s;alls, in witne&s;&s;e whereof, &amp;c.</P>
<P>The Mannor of <HI>S.</HI> within named lieth in the County of G. and not in the County of W. Therefore I cannot di|&s;train the Tenants there, as within I am commanded.</P>
<P>By vertue of this VVrit to me directed <HI>I.</HI> certifie the Ba|rons within written, that the twentieth day of <HI>March,</HI> <NOTE PLACE="marg">Take into the hands</NOTE> the 8th. year of our Lady the <HI>Q.</HI> within written, <HI>I</HI> took into the the hands of the &s;aid Lady Queen, the Mannor within writ|ten with the Appurtenances, as within I am commanded.</P>
<P>If it be with inquirie for the yearly value.</P>
<P>The re&s;idue of the execution of this VVrit appears in a certain inqui&s;ition taken, to this writ annexed.</P>
<P><PB N="554" REF="282">The within named VV.B. and M. his Wife, <NOTE PLACE="marg">Who is Tenant.</NOTE> are Te|nants of the third part of the Mannor afore&s;aid, in three parts divided, and C.A.M.E. and J. B. the Daughters of C.D. dead, are the Tenants of the &s;econd part of the Man|nor within written, in three parts divided, and the other third part of the Mannor within written, remains in the hand of our Lady the queen, by rea&s;on of the nonage of T. B. Son and Heir of the afore&s;aid C.D.</P>
<P>The Manucaptors of the forenamed W. B. and M. his Wife. J.D.R.R.</P>
<P>The within named A.B. hath nothing in my Bailiwick, <NOTE PLACE="marg">Venire facias. Crown of|fice or Ex|chequer.</NOTE> by which he may be attached, or where I may take him.</P>
<P>The within named A. B. is attached by Pledges, that is, J.D.R.R.</P>
<P>If he be an Earl or a Counte&s;&s;e.</P>
<P>The I&s;&s;ue of them half a Mark.</P>
<P>And further, if the&s;e words are repeated in the VVrit (and al&s;o to &s;hew) twenty &s;hillings.</P>
<P>The within named R. A. hath nothing in the Land, <NOTE PLACE="marg">Di&s;tr.</NOTE> of the Tenement and Hereditament within written, by which I can di&s;train him.</P>
<P>No &s;uch Mannor, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> nor any Lands or Tenements known by the name of E. lying in the County of VV. whereof I can di&s;train the Tenants, as within I am com|manded.</P>
<P>The within named J.K. and R.K. have nothing, nor either of them hath any thing, within my Bailiwick, and further I certifie the Barons within written, that none are Executors, or Admini&s;trators of the goods and chattells which were the within nameds M. K. where|by them, or any of them I can di&s;train.</P>
<P>The Manucaptors of I S. Gent. Tenant of the Lands, and Tenements within &s;pecified, which were the within named M.K.I.D.RR.</P>
<P>The I&s;&s;ues thirteen &s;hillings four pence.</P>
<P>By vertue, &amp;c. I have taken Execution of the Goods and Chattels of J.H. within named, a certain Demi&s;e and Grant to the &s;aid J. H. by one to T. G. of one part, and the afore&s;aid J. H. of the other part, for terme of one and thirty years, to begin from the fir&s;t day of <HI>Ianuary,</HI> the year of the Reign of our Lady <HI>Elizabeth,</HI> within writ|ten,
<PB N="555" REF="282">as by that Indenture bearing date the &s;ame day and year fully appears, of and in a Hou&s;e or Farme with the Appurtenances, &s;cituate, and lying, and being in <HI>L.</HI> in the Pari&s;h of f. within my Bailiwick, called or known by the name of B. together with all and &s;ingular Lands, Meadows, Feedings, Pa&s;tures, Woods, Under-woods, VVaters, and Pa&s;tures, with all their Appurtenances, &s;citu|ate, lying, and being within the Town, Pari&s;h, and Feilds of F. afore&s;aid, and likewi&s;e in my Bailiwick; and the afore|&s;aid Lea&s;e, and all the whole Right, &s;tate, Title, terme of years, Po&s;&s;e&s;&s;ion and Demand, which the afore&s;aid J. H. now hath, of and in the fore&s;aid Premi&s;es, by vertue or force of the &s;aid Demi&s;e and Grant, or otherwi&s;e I have &s;et to &s;ale, and &s;old to one R.G. Gentleman, for the &s;umm of three&s;core and &s;ixteen pounds thirteen &s;hillings and four pence, and al&s;o I have taken in Execution other Goods and Chattels of the afore&s;aid J. H to the value of three|&s;core and five pounds &s;ix &s;hillings eight pence, which truly &s;umms of Money &s;o in forme afore&s;aid by me levied, in the whole do amount unto 132. pounds and twelve pence, and the &s;ame &s;umms before our Lady the Queen, at the day and place afore&s;aid I have ready, and to be given to the within written E.P. and J. his VVife, in part of &s;ati&s;|&s;action of the Damages within written, as by that VVrit I am within commanded. And that I. H. hath no other Goods or Chattels in my Bailiwick, that the re&s;idue of the afore&s;aid one hundred three&s;core and five pounds &s;ix &s;hillings two pence can be had or levied, according to the command of this VVrit.</P>
<P>By vertue, <NOTE PLACE="marg">I have ta|ken into the Qu. hand.</NOTE> &amp;c. tenth Day of <HI>S.</HI> the year of the Reign of our Lady the Queen within written, twentieth, I <HI>J.S.</HI> Knight, Sherif of <HI>W.</HI> within written, have taken, re|&s;umed, and &s;ei&s;ed into the hands of our Lady the Queen, all tho&s;e Tenements, Shops, Gardens, and all the other the Appurtenances, by vertue of the Writ afore|&s;aid to be re&s;umed, which do appear in the Inqui&s;ition to this Writ annexed.</P>
<P>By vertue of this Writ to me directed, <NOTE PLACE="marg">Of &s;etting to &s;ale.</NOTE> from day to day I have &s;et to &s;ale tho&s;e Goods and Chattels to the value of a hundred &s;hillings, re&s;idue of the eight pounds, which were of the Goods and Chattels, Lands and Tenements, T. F. within named, and there I &s;old to the value of forty
<PB N="556" REF="283">&s;hillings, which truly forty &s;hillings I have ready at the day and place within contained, as within I am commanded, then there to be paid; and the re&s;idue of the Goods and Chattels afore&s;aid, then with me re|maining un&s;old for want of Buyers, but I will &s;et them to &s;ale from day to day, and when they happen to be &s;old, the money thereof coming before the Barons within writ|ten, I will bring, according to the form and effect of this Writ.</P>
<P>Tho&s;e Goods to the value of twenty Marks within writ|ten, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> which by vertue 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 &s;et them to &s;ale, and &s;old them, and the Money thereof I have ready to bring to the Ba|rons within named, at the day and place therein contain|ed, as therein I am commanded.</P>
<P>A. B. and C. D. within nominated, <NOTE PLACE="marg">Are dead.</NOTE> were dead long be|fore the &s;ending out this Writ, neither have they any Goods or Chattels, Lands or Tenements within my Baili|wick, which I can extend and value, as by this Writ I am commanded.</P>
<P>The within named A. B. and C. D. are dead, <NOTE PLACE="marg">For the &s;hortne&s;&s;e of time. Scire feci.</NOTE> and to the re&s;t of the Execution nothing is done by me, for the &s;hortne&s;&s;e of the time.</P>
<P>By vertue, &amp;c. <HI>Scire feci,</HI> 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 lawfull men of my Bailiwick, as within I am commanded.</P>
<P>There are no Executors of <HI>E.</HI> within written, <NOTE PLACE="marg">Again&s;t Execu|tors.</NOTE> nor Ad|mini&s;trators 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 <HI>Scire facias.</HI></P>
<P><HI>I.D.</HI> and the re&s;t of the Defendants within named, <NOTE PLACE="marg">Other|wi&s;e.</NOTE> have nothing in my Bailiwick, by which I can them <HI>Scire fa|cere.</HI></P>
<P>By vertue, <NOTE PLACE="marg">Non omit|tas.</NOTE> &amp;c. I have taken of the Lands and Tene|ments of <HI>W.R.</HI> to the value of forty &s;hillings, which I have ready for the Barons within written, at the day and place therein contained, as within I am commanded: and fur|ther, I certifie the Barons vvithin vvritten, that the afore|&s;aid
<PB N="557" REF="283">VV. hath no other, or more Lands nor Tenements, Goods nor Chattels in my Bailiwick, whereof the re&s;idue of the Debt within written I can levy by Execution, as the &s;aid VVrit in it commandeth and requireth.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Here follow certain Ca&s;es of the Common Law, upon the Re|turnes afore&s;aid, and others.</HEAD>
<P>BEcau&s;e Ju&s;tices (to who&s;e Duty it belongeth, <NOTE PLACE="marg"><HI>We&s;t.</HI> 2. <HI>cap.</HI> 35.</NOTE> to admi|ni&s;ter Ju&s;tice to every one before them complaining) are oftentimes hindered, &s;o that they cannot in due man|ner execute their Office; by this that Sheriffs do not re|turn their Original and judicial Writs, and likewi&s;e re|turn fal&s;e An&s;wers.</P>
<P>The Lord the King provideth, <NOTE PLACE="marg">Fal&s;e Re|turn.</NOTE> that tho&s;e which fear the malice of the Sheriff, &s;hould deliver their Writs in the full County Court, or in the other County Court, where there is a gathering of the Kings Money, and let there be a Billet taken of the Sheriff pre&s;ent, or of the under-She|riff, in which Billet there &s;hall be contained the names of the Plaintiff and Defendant, and adjoyned to the Billet &s;ealed by the Sheriff, or under-Sheriff, in witne&s;&s;e thereof, and let there be mention of the Delivery of this Writ.</P>
<P>And it gives remedy, <NOTE PLACE="marg">Tarde.</NOTE> if the Sheriff will not &s;eal the Billet: by this Statute remedy is given if the Sheriff re|turn <HI>Tarde,</HI> <NOTE PLACE="marg">Mandavi Balivo.</NOTE> where he hath &s;ufficient time to &s;erve the Writ, and where he returnes (I have commanded the Bailiff of the Liberty) where it is no Liberty; and this Statute gives (you &s;hall not omit for any Liberty) and gives Averment again&s;t the Returne of the Sheriff, <NOTE PLACE="marg">Aver|ment,</NOTE> if he return to little I&s;&s;ues, and gives (that he &s;hould deliver Corn in the Grange, and all Moveables (be&s;ides, <HI>Equitu|ram, Indumenta &amp; uten&s;ilia domus</HI>) contained under the name of I&s;&s;ues; and the Statute gives <HI>(Po&s;&s;e Comitatus)</HI> See the Statute of 1 <HI>Ed.</HI> 3. <HI>chap.</HI> 6.</P>
<P>The Sheriff by the common Law is the Pre&s;erver of the Peace, <NOTE PLACE="marg">Authority of the Sheriff.</NOTE> and hath the Cu&s;tody of the County for the time that he is Sheriff, and may cau&s;e the party to finde Surety, if any require that, and every Obligation which he takes to keep the Peace, &s;hall be taken a Recognizance in Law, and &s;pecially when this is certified by <HI>Certio<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">are</HI> in the
<PB N="558" REF="284">Chancery. But Pleas before him in the County or Hun|dred are not of Record, for the&s;e are by rea&s;on of cour&s;e, and this taking for Peace, is by rea&s;on of his Office; <HI>Fitzh.</HI> 81. <HI>D.</HI></P>
<P>If the Sheriff return upon a <HI>Di&s;tringas Juratores,</HI> <NOTE PLACE="marg">Appea|rance.</NOTE> no manner of I&s;&s;ues, and a full Jury appears and pleads, this is no Error, for the King hath no lo&s;&s;e, and the I&s;&s;ues are for the King, which he &s;hall not have if the full Jury appear, 5 <HI>H.</HI> 7. <HI>f.</HI> 8.</P>
<P>Al&s;o if the Sheriff return <HI>Scire feci,</HI> upon Fine, or Judge|ment, 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 <HI>H.</HI> 7. <HI>f.</HI> 14. this Return was a|mended, and the Plaintiff recovers. See 8 <HI>H.</HI> 5. <HI>f.</HI> 2. <HI>B.</HI></P>
<P><HI>Scire facias</HI> is returned <HI>Scire feci,</HI> by <HI>J.S.</HI> and <HI>J.D.</HI> and though the Return be not (by good and lawfull men) as it ought, if the party appear it is a good Return, and may be amended, 33 <HI>H.</HI> 6. <HI>f.</HI> 35. 44 <HI>Ed.</HI> 3. <HI>f.</HI> 16. <HI>&amp;</HI> 8 <HI>H.</HI> 6. <HI>f.</HI> 27.</P>
<P>If the Sheriff attach a Cow, <NOTE PLACE="marg">Attach|ment.</NOTE> 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 <HI>H.</HI> 7. <HI>B.</HI> Table Dormant, and &s;uch things which are fixed to the Free-hold cannot be attached, 21 <HI>H.</HI> 7. <HI>f.</HI> 26.</P>
<P>Annuity, the Sheriff returns (I have nothing in my Bailiwick by which he can be attached) where it &s;hould be (by which he can be &s;ummoned) and though it were in the time of another Sheriff, <NOTE PLACE="marg">Amend|ment.</NOTE> it was amended, for the Cout may amend a mi&s;take of the Clerks, and al&s;o of the Return of the Sheriff, 33 <HI>H.</HI> 6. <HI>f.</HI> 47.</P>
<P>Upon a <HI>Di&s;tringas Juratores,</HI> the Sheriff in his Return leaves out four Names which were in the <HI>Venire facias,</HI> and the Sheriff was examined, and &s;aith, that they were di&s;trained, and for that the Returne was amended, 37 <HI>H.</HI> 6. <HI>f.</HI> 12. 22 <HI>H.</HI> 6. <HI>f.</HI> 45.</P>
<P>Appeal upon <HI>Di&s;tringas Juratores,</HI> where there were Knights and E&s;quires which were in the Writ, there was returned but eight pence upon every Juror, and the She|riff had been amerced, unle&s;&s;e he be there pre&s;ent, and a|mend
<PB N="559" REF="284">that, and &s;ets upon every Juror two &s;hillings, 2 <HI>R.</HI> 3. <HI>fol.</HI> 13.</P>
<P>Attaint at the <HI>Di&s;tringas Juratores,</HI> the Sheriff returns I&s;&s;ues upon <HI>J. Burton,</HI> where there is no &s;uch of the Jury, but <HI>J. Borm&s;tone,</HI> and it was amended, 2 <HI>H.</HI> 5. <HI>f.</HI> 8.</P>
<P>The Sheriff upon a <HI>Capias</HI> returns <HI>Non inveni,</HI> where he ought to return <HI>Non e&s;t inventus,</HI> and the party was out|lawed, and this was a&s;&s;igned for Error, and awarded Er|ror, and &s;hall not be amended, 9 <HI>H.</HI> 5. <HI>f.</HI> 10.</P>
<P>One was outlawed, and <HI>Proclamari feci</HI> of that was re|turned, that I made be proclaimed, that he &s;hould deliver him&s;elf to the Sheriffs of <HI>London,</HI> where the Writ was the Sherif of <HI>Kent,</HI> and this Outlary was rever&s;ed by Error, and &s;hall not be amended, 27 <HI>H.</HI> 8. <HI>f.</HI> 34.</P>
<P>One was outlawed, and the Exigent was returned, at my County Court, held at the Ca&s;tle of <HI>Oxford,</HI> he was fir&s;t called, and becau&s;e it was not in what County, it was Error, and &s;hall not be amended, 21 <HI>H.</HI> 7. <HI>f.</HI> 34.</P>
<P>One was returned outlawed, and for that, that it did not appear that it was by the Judgement of the Coroners, it was rever&s;ed without Writ of Error, and &s;hall not be amended, 21 <HI>H.</HI> 7. <HI>f.</HI> 33.</P>
<P>The Sherif returns <HI>Scire feci J. A. Clio,</HI> where it &s;hould be <HI>Clico,</HI> and was amended, 7 <HI>H.</HI> 6. <HI>f.</HI> 1.</P>
<P>Where the Sherif upon a <HI>Di&s;tringas</HI> returnes to &s;mall I&s;&s;ues, he &s;hall amend the Return, 27 <HI>H.</HI> 8. <HI>f.</HI> 3.</P>
<P>Proce&s;s again&s;t a Voucher, <NOTE PLACE="marg">Aver|ment.</NOTE> the Sherif returns the Vouchee dead, the Demandant may aver, that he is alive by the Statute of 14 <HI>Ed.</HI> 3. <HI>chap.</HI> 10. <HI>Vouch.</HI> 8. And there held, that a man &s;hall not have a direct Averment again&s;t the Return of the Sheriff, unle&s;&s;e that his per&s;on is to be charged, or his Inheritance for ever to be lo&s;t, and that by the &s;ame Law he cannot have remedy to &s;ave the &s;ame Inheritance, 40 <HI>Ed.</HI> 3. <HI>f.</HI> 6.</P>
<P>Debt again&s;t two, the Sheriff returns upon the <HI>Capias,</HI> I have taken their Bodies, and have them before you; and now one comes and &s;aith, that his Companion is dead and had it, for that the other cannot gain&s;ay it, 50 <HI>Ed.</HI> 3. <HI>f.</HI> 7.</P>
<P>By the &s;tatute of <HI>We&s;tm.</HI> 2. before &s;aid upon a <HI>Di&s;tringas,</HI> one may aver that the Sherif hath returned to &s;mall I&s;|&s;ues; and by this Book the Sherif ought to return in I&s;|&s;ues
<PB N="560" REF="285">&s;o much of Rent as the Defendant receives the Day of the Writ purcha&s;ed, untill the Day of the Return of it, 27 <HI>H.</HI> 8. <HI>f.</HI> 3.</P>
<P>Where the Sherif returns to &s;mall I&s;&s;ues upon a <HI>Di|&s;tringas,</HI> one may aver that they are to &s;mall, but &s;ome &s;eem, that if he return to &s;mall upon a <HI>di&s;tringas Jura|tores,</HI> it is ont of the Statute, 10 <HI>H.</HI> 7. <HI>f.</HI> 11. Debt, the Sheriff returns upon the <HI>Di&s;tringas</HI> twenty pence upon the Defen|dant, and averment was, that the Shetiff might have re|turned, mean, between the writ delivered, and the return of that 100 <HI>s.</HI> and the writ was awarded to the Ju&s;tices of A&s;&s;i&s;e to inquire of that, 20 <HI>H.</HI> 6. <HI>fol.</HI> 26.</P>
<P>Where the Sheriff returns one out-lawed, he cannot a|ver that he was called but three or four times. But in ap|peale he may have the averment, 10 <HI>H.</HI> 7. <HI>f.</HI> 22.</P>
<P>In Re-di&s;&s;eifin, he cannot aver that the Sheriff did not go to the place, for he is Judg, and al&s;o one out-lawed can|not aver that he was not the fifth time called, 10 <HI>H.</HI> 7.28.</P>
<P>Tre&s;pa&s;&s;e upon <HI>(Pone)</HI> 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 She|riff returns that he hath redelivered, the Defendant cannot averr the contrary, the &s;ame Law of a return of a &s;ei&s;in in Dower, one cannot have an averment to the contrary, for the Sheriff is Officer, to whom credit &s;hall be given, which cannot have averment to the contrary. But where one is without remedy, and to be di&s;-inherited, it is other|wi&s;e, as if the Sheriff in a <HI>Precipe</HI> again&s;t one, return that he is dead, the Demandant may aver that he is alive, and may &s;ay not attached, by fifteen daies, which is no direct averment: But upon an <HI>Habere facias &s;e&s;inam.</HI></P>
<P>Where the Sherif returns, I have delivered &s;ei&s;in, he can|not aver the contrary, 3 <HI>Ed.</HI> 4. <HI>fol.</HI> 20.</P>
<P>One cannot have direct averrment again&s;t return of the Sherif in the &s;ame action, but in another he may. As in Debt again&s;t a Bailif of a Franchi&s;e, for an e&s;cape of one, return by the Sherif that he hath taken him by a Warrant to him directed, upon a <HI>Capias ad &s;atisfaciendum,</HI> he may now in this action of Debt aver, that no &s;uch Warrant was to him directed. And in A&s;&s;i&s;e not attached by fifteen dayes he may averr. And in a <HI>Precipe</HI> that he was not &s;um|moned according to the Law, is a good averment in the
<PB N="561" REF="285">&s;ame Action, but not, not attached, or not &s;ummoned, 5 <HI>Ed.</HI> 4. <HI>f.</HI> 1.</P>
<P>A Writ of Deceit is returned by the Sherif, and the De|fendant averrs that the &s;ummoners now returned were not the &s;ummoners in <HI>Precipe,</HI> and he cannot aver that Averment again&s;t the Return of the &s;herif, 5 <HI>Ed.</HI> 4. <HI>f</HI> 7. &amp; 33 H. 6. <HI>f.</HI> 11. <HI>Markham, accordingly.</HI></P>
<P>The &s;herif returnes, I have commanded the Bailif of the Liberty of <HI>N.</HI> which &s;o an&s;wers, that at another time the Defendant was committed to the next Gaol by Audi|tors upon an Account for Arrerages, and that he being Bailif of that Goal, carried him to Pri&s;on, and he came in upon a <HI>Cepi Corpus,</HI> and &s;aith, that no &s;uch Account, and &s;hall have that Averment, notwith&s;tanding the Return of the &s;heriff, 18 <HI>Ed.</HI> 4. <HI>f.</HI> 5.</P>
<P>One &s;ues a <HI>Libertate probanda,</HI> to recover <HI>Nativo habendo,</HI> and the &s;herif returnes, that no <HI>Nativo habendo</HI> was delivered unto him, and the other averrs contrary, and may, 18 <HI>Ed.</HI> 4. <HI>f.</HI> 7.</P>
<P>Upon a <HI>Venire facias,</HI> the &s;herif returned four and twenty Ju|rors, and upon the <HI>Habeas Corpora,</HI> he returned that 12. of them were dead, the Plaintif &s;hall have Averment, that they are alive again&s;t the Return, 20 <HI>Ed.</HI> 4. <HI>f.</HI> 11.</P>
<P>The Plaintif praies, that the Defendant in Replegiare, wage Deliverance, the Defendant &s;aith, that they died in an open Pound, in default of the Plaintif, and prayed a writ to the &s;herif, <HI>Si con&s;tare poterit,</HI> and if the Sherif return upon that writ, that they are dead, yet he may aver the con|trary, and have a <HI>&s;icut alias,</HI> 30 H. 6.2.</P>
<P>Where the Sherif returns (I have commanded the Bailif of the Liberty of the Archbi&s;hop of <HI>York</HI>) which returns &s;ummons, the Defendant cannot aver, that the Land is within the Franchi&s;e of <HI>Richmond,</HI> 34 H. 6. <HI>f.</HI> 3.</P>
<P>The &s;herif returnes upon an Exigent, that four times called, and not with&s;tanding Averment was taken, that he was outlawed, and this was certified by the Coroners, and for that the &s;herif was amerced to fifty Markes, 36 H. 6. <HI>f.</HI> 24.</P>
<P>Where the &s;herif upon a <HI>Capias</HI> returnes (He is not found) one cannot have an Averment again&s;t this Re|turn, 2 H. 4 <HI>f.</HI> 15.</P>
<P><PB N="562" REF="286">One may have an Averment in another Action, again&s;t the Return of the Sheriff, as in Covenant, the Sheriff re|turns him warned, yet in Detinue he may aver the con|trary, 11 <HI>H.</HI> 4. <HI>f.</HI> 47.</P>
<P>Where upon a <HI>Corpus cum cau&s;a,</HI> out of the common Bench, it is returned, that he is bound to the Peace, which is for the King, and notwith&s;tanding that it be fal&s;e, he cannot have an Averment in this Writ to the contrary, 9 <HI>H.</HI> 6. <HI>f.</HI> 44.</P>
<P>One outlawed rever&s;es it by Error, and he hath a Writ to re&s;tore his Goods, which he took, time of the Out|lary, directed to <HI>John</HI> Bailif of <HI>We&s;tmin&s;ter,</HI> and could not return that he is not Bailiff, but he ought to an&s;wer to the Goods, whether he had them or not, and how they are wa&s;ted in his Po&s;&s;e&s;&s;ion, 6 <HI>H.</HI> 7. <HI>f.</HI> 9.</P>
<P>The Sherif or Bailif errant, &s;worn and known, may arre&s;t one without &s;hewing to him a Warrant, contrary, of a Servant of the Sherif, or other Bailif which is not &s;worn and known, 8 <HI>Ed.</HI> 4. <HI>f.</HI> 14.</P>
<P>Where the Sherif returnes upon a <HI>Fieri facias,</HI> <NOTE PLACE="marg">Clerk.</NOTE> that he is a Clerk beneficed, not having any Lay Fee, there &s;hall go a Writ to the Bi&s;hop to &s;eque&s;ter his Bene|fice, 13 <HI>H.</HI> 4. <HI>f. the la&s;t.</HI> See 32 <HI>H.</HI> 6. <HI>f.</HI> 13.2 <HI>Ed.</HI> 4. <HI>f.</HI> 1. <HI>&amp;</HI> 21 <HI>H.</HI> 6. <HI>f.</HI> 20.</P>
<P>The Ordinary &s;ues a Writ of Annuity again&s;t one, and the Ordinary him&s;elf returnes, that he is a Clerk bene|ficed, having no Lay Fee; and held that a <HI>Venire facies Clericum</HI> &s;hall go to the Metropolitan, for that the Plain|tif is Ordinary, 34 <HI>H.</HI> 6. <HI>f.</HI> 32.</P>
<P>Return, <NOTE PLACE="marg">Dutchy.</NOTE> that I commanded the Bailif of the Liberty of the Dutchy of <HI>Lanca&s;ter,</HI> though that the Dutchy hath no capacity, it is good, for that, that there were ancient Pre|&s;idents of it. 33 <HI>H.</HI> 6. <HI>f.</HI> 22.</P>
<P>Upon a <HI>Capias,</HI> <NOTE PLACE="marg">Church.</NOTE> the Sherif returnes, that the party is a Verger in the Church at <HI>Salisbury,</HI> and dwels within the precinct of the Church, and being a Sanctuary, he re|turnes for that, <HI>Non e&s;t inventus,</HI> and for that the Return is not good, for he may &s;erve that Proce&s;s in the Church, 6 <HI>H.</HI> 4. <HI>f.</HI> 3.</P>
<P>2 <HI>R.</HI> 3. <HI>C. the la&s;t.</HI> Prohibited upon pain of Impri&s;on|ment and Fine, that none arre&s;t any per&s;on of holy Church, when he is d<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ing Divine Service.</P>
<P><PB N="563" REF="286"><HI>Dower, the Demandant recovers by default, after default, <NOTE PLACE="marg">Inque&s;t.</NOTE> and the Demandant &s;aith, that her Husband died &s;ei&s;ed, and prayes her Damages, and a Writ went out to the Sheriff to in|quire of Damages, and the Sheriff returns that the Jury found no Damages, and by</HI> Thorp, <HI>the Sheriff &s;hall not be amerced; but where he returnes a writ ill of him&s;elf, in this ca&s;e he hath returned by the Oath of Twelve, by which he was not amerced,</HI> 44 <HI>E.</HI> 3. <HI>f.</HI> 8.</P>
<P><HI>Debt again&s;t Executors, which plead fully admini&s;tred, and found that they have A&s;&s;ets, and the Sheriff returnes the</HI> Fieri facias, <HI>I have commanded the Bailiff of the Liberty of</HI> King|&s;tone, <HI>which gave me an&s;wer, that the Executors afore&s;aid 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,</HI> 3 <HI>H.</HI> 7. <HI>f.</HI> 11. <HI>&amp;</HI> 5 <HI>H.</HI> 7. <HI>f.</HI> 27. <HI>accordingly.</HI></P>
<P>Where the parties admit one &s;uch a Vi&s;ne, though there be no &s;uch the Sherif cannot return that there is no &s;uch but &s;hall make the Pannell of the Body of the Coun|ty, 37 H. 6. <HI>f.</HI> 12.</P>
<P>Appeal, the Sherif returnes the Jury of the Vi&s;ne of D. and yet the new Sherif returnes the Di&s;tre&s;&s;e, that there is no &s;uch Vi&s;ne, and may, 3 H. 6. <HI>f.</HI> 58.</P>
<P>VVhere the Father is condemned, <NOTE PLACE="marg">Fal&s;e Re|turnes.</NOTE> and upon the Exi|gent upon a <HI>Capias</HI> to &s;atisfie, the Sherif returnes, that he delivered up him&s;elf, and it is his Son that came, and this was &s;o averred, and found the Son, and the Sherif was amerced, 7 <HI>H.</HI> 4. <HI>f.</HI> 13.</P>
<P>VVhere the Sherif makes fal&s;e Returne, as if he re|turn, I have taken the Body, upon a <HI>Capias</HI> to &s;atisfie, and hath him not, he &s;hall have his remedy by a VVrit out of the Chancery, or upon his Account in the Exchequer, and not here, 7 <HI>H.</HI> 4. <HI>f</HI> 32.</P>
<P>If a Felon (<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n going to Execution) be re&s;cued from the Sherif, if that be pre&s;ented before Ju&s;tices of Peace, <NOTE PLACE="marg">Felony.</NOTE> it is Felony; otherwi&s;e it is, if that come in by return of the Sherif, 6 <HI>H.</HI> 7. <HI>f.</HI> 12. <HI>&amp;</HI> 1 <HI>H.</HI> 7. <HI>f.</HI> 6. <HI>the &s;ame.</HI></P>
<P>Upon a <HI>Fieri facias,</HI> the Sherif returnes, <NOTE PLACE="marg">Fieri fa|cias.</NOTE> I have done Execution at the Day within contained, and at the Day hath not the Money, and for that goes a <HI>Scire facias</HI> to the new Sherif again&s;t him, to know why he &s;hall not have Execution, 9 <HI>Ed.</HI> 4. <HI>f.</HI> 3.</P>
<P><PB N="564" REF="287">The &s;herif which broke the Door of the Hou&s;e to make Execution upon <HI>Fieri fac.</HI> &s;hall be puni&s;hed, as Tre&s;pa&s;s lies again&s;t him, but not for taking the Goods, 18 <HI>Ed.</HI> 4. <HI>f.</HI> 4.</P>
<P>The &s;herif returnes upon a <HI>Fieri facias,</HI> again&s;t Execu|tors, that the Executors have &s;old all the Goods of the Dead, before the VVrit purcha&s;ed, and have taken Mo|ney, and other Goods for the &s;ame Goods; and for that he was amerced, for he ought to have made Execution of Goods amounting to the value, notwith&s;tanding the Sale, 14 <HI>H.</HI> 4. <HI>f.</HI> 13.</P>
<P>The &s;herif returnes upon a <HI>Fieri facias</HI> again&s;t Execu|tors, 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 Exe|cution &s;hal be of their proper Goods, and he cannot return, He is not to be found, as he can under&s;tand, 9 H. 6. <HI>f.</HI> 57.</P>
<P>By <HI>Hank,</HI> if a <HI>Fieri facias</HI> go out, and the &s;herif levy the Money, &amp; return no VVrit, the party may &s;ue <HI>Sicut alias,</HI> if he will, or he may have a writ again&s;t the the &s;herif, to have the Money here; inquire what VVrit that is, but by <HI>Thirn,</HI> it is duty to receive by party, and the <HI>Fieri facias</HI> is, that tho&s;e Moneys you &s;hall have here, and they &s;hall be brought into the Court in di&s;charge of the Defendant, and the &s;herif is not Debtor by &s;imply &s;aying, for that is not upon Record that he hath levied them, and &s;o the De|fendant is Debtor, and not the &s;herif, yet &s;ome &s;ay, if the &s;herif levy the Money by <HI>Fieri fac.</HI> &amp; payes them not to the party Plaintif, he &s;hall have an Account again&s;t the &s;herif, 11 <HI>H.</HI> 4. <HI>f.</HI> 57. See 2 <HI>H.</HI> 7. <HI>f.</HI> 22. by <HI>King.</HI> Tre&s;pa&s;s lies again&s;t the &s;herif for levying the &s;um, and not returning the writ.</P>
<P>Till the <HI>Fieri facias</HI> be executed, the Money &s;hall not be intended paid, and this is not executed, till it be returned by the &s;heriff, 20 <HI>H.</HI> 6. <HI>f.</HI> 25.</P>
<P><HI>Scire fac.</HI> to have Execution of a Judgement, the Def. &s;aith, that before this time the &s;herif by <HI>Fieri facias</HI> did levy the &s;umm, and though the Def. did not &s;ay, that the &s;herif deli|vered the money to the Plaintif, nor that the VVrit was re|turned, this is adjudged a good Bar, &amp; for that the Plaintif &s;aith, that the &s;herif hath not levied it ready, &amp;c. 21 <HI>H.</HI> 6.5.</P>
<P>Upon a <HI>Fieri facias,</HI> the &s;herif returnes, that he took Goods to the value of ten pounds, for which he found
<PB N="565" REF="287">no Buyer, by which i&s;&s;ued to the new Sherif, a <HI>Venditione exponend.</HI> which returned, that his Predece&s;&s;or took no Goods, therefore, <HI>&amp;c.</HI> By which i&s;&s;ued a Di&s;tre&s;&s;e to the late Sherif, that the Goods that were &s;et to &s;ale he &s;hould bring in, 34 <HI>H.</HI> 6. <HI>f.</HI> 39.</P>
<P>It is Error where he is outlawed, and the Exigent re|turned, at my County held at <HI>Ilche&s;ter,</HI> <NOTE PLACE="marg">Incertain, &amp; where not.</NOTE> in the County of <HI>Som.</HI> for it ought to be at my County Court of <HI>Somer&s;et,</HI> held at <HI>Ilche&s;ter,</HI> and to recover at the <HI>Hu&s;tings, London,</HI> where there are two, and is not at which <HI>Hu&s;tings,</HI> it is not good, 6 <HI>H.</HI> 7. <HI>f.</HI> 15. See 11 <HI>H.</HI> 7. <HI>f.</HI> 10.</P>
<P>VVhere an Outlary was returned, it &s;hall not be a|mended, where it was returned at my County Court held at the Ca&s;tle of <HI>Oxford,</HI> and &s;aith not in what County, it is not good, 21 H. 7. <HI>f.</HI> 37.</P>
<P>Upon a <HI>Capias,</HI> the Sherif returnes, I have taken <HI>J.S.</HI> and <HI>J.D.</HI> and doth not &s;ay, (within named) and it &s;eems good, and &s;hall be intended, 12 H. 7. <HI>f.</HI> 18.</P>
<P>A VVrit upon a &s;tatute &s;taple i&s;&s;ued, to take the Body, and to extend the Lands and Goods of him that was bound, and the Sherif returned that, that he had extend|ed 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. <HI>f.</HI> 6.</P>
<P>The Sherif returnes, that by vertue of a Command, I have taken the Body, and that is good, without &s;aying, by vertue of a VVrit, for the Sherif may take one in the Hall at <HI>We&s;tmin&s;ter,</HI> by commandement of the Ju&s;tices without a VVrit, 16 H. 7. <HI>f.</HI> 16.</P>
<P><HI>Scire facias,</HI> the Sherif returnes, I <HI>W.S.</HI> do certifie you, and it is not good, but it ought to be, I certifie you Ju&s;tices: but where the Return is <HI>Scire feci, J. S.</HI> and doth not &s;ay, the within named, yet for that that, it is further, (as this VVrit in it commands and requires, according to the forme of the VVrit) that is a good Return, 1 H. 6. <HI>f.</HI> 7.</P>
<P><HI>Premunire,</HI> tht Sherif 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 Moneths before the day of the return by the Statute, and that doth not appear, and for that it is not good, 42 <HI>Ed.</HI> 3.7. and 39 <HI>Edw.</HI> 3.7.</P>
<P>A&s;&s;i&s;e where the writ was ill returned, and that uncer|tain, there &s;hall I&s;&s;ue a <HI>Sicut alias,</HI> 46 <HI>Ed.</HI> 3. <HI>f.</HI> 18.</P>
<P><PB N="566" REF="288">One out-Lawed, and <HI>Proclami feci</HI> was returned, that he had rendred him&s;elf Pri&s;oner to the Sherif of <HI>London,</HI> where it &s;hould have been Rent. And the Out-lawry was for that rever&s;ed by Errour, 27 <HI>H.</HI> 8.34.</P>
<P>Where the Sherif returns <HI>Nihil,</HI> or is not to be found, as it can appear to him, he &s;hall be amerced, for he ought to take notice, 9 <HI>H.</HI> 6.57.</P>
<P>Where the Sherif returns (I have commanded the Bai|lif of the Liberty) of <HI>D.</HI> and for that, that he hath not re|turned to what Per&s;on it is not good, 9 <HI>Ed.</HI> 4.20. &amp; 1 <HI>H.</HI> 6.7, the &s;ame.</P>
<P>Upon a <HI>Capias,</HI> the Sherif returns (I have taken the bo|dy) and that <HI>A.</HI> and <HI>B.</HI> re&s;cued him, and for that, that it is not where, it is not good, 10 <HI>Ed.</HI> 4.17</P>
<P><HI>Scire facias</HI> to have Execution of an annuity again&s;t a Par&s;on, the Sherif returns (that he hath no Goods) not|with&s;tanding that it was not (nor had at the time of the receit of this writ) yet it &s;eems it &s;hall be intended, and for that it is good, 2 <HI>Ed.</HI> 4.1.</P>
<P><HI>Scire facias</HI> again&s;t two &s;everall Tenants, the Sherif returns (<HI>Scire feci</HI> in manner and form, as this Writ in it commands and requires) and it is good, though it be not returned &s;everally, <HI>Scire feci,</HI> 2 <HI>H.</HI> 4.14. See, 37 <HI>H.</HI> 6.31.</P>
<P>In a Writ to inquire of Wa&s;t, the Sherifreturns that I, took the Inqui&s;ition, <HI>Die Sabbati proximo,</HI> and for that it is not what <HI>Sabbati,</HI> it is no good return, 40 <HI>Ed.</HI> 3.20</P>
<P><HI>Scire facias,</HI> to have execution of arrerages of an annui|ty again&s;t <HI>Lawrence Booth,</HI> keeper of our ble&s;&s;ed <HI>Mary Hal|lers</HI> in the Univer&s;ity of <HI>Cambridge</HI> and Schollers, and the Sherif returns that <HI>Scire feci Lawrance Booth,</HI> and nothing of the Schollers, and for that the return was not good, and &s;o <HI>Sicut alias,</HI> 34 <HI>H.</HI> 6 54.</P>
<P>VVhere a VVrit goes to the Coroners, and one returns that he made a Precept to his Servant to arre&s;t the De|fendant, and that he at <HI>D.</HI> &s;uch a day made a Re&s;cue, this return is not good, for it &s;hall be made by both the Coro|ners, 39 <HI>H.</HI> 6.42.</P>
<P>Upon Exigent, the Sherif returns, I have cau&s;ed to be proclaimed at &s;uch a County Court held &s;uch a day, and for that, that it is not what year, it is not good, 27 <HI>H.</HI> 8.34.</P>
<P>The Sherif returns, he hath nothing, and it is not good,
<PB N="567" REF="288">but he ought to return al&s;o, that he hath not Bailifs, nor a Bailiwick, nor he is not to be found, 26 Booke of A&s;&s;i&s;es 33.</P>
<P>Attaint, The writ you &s;hall diligently inquire, who were the Jurors of the fir&s;t inqui&s;ition, and whether <HI>M.B.</HI> Knight was one of the petty Jury, and he returned their names, and <HI>M.B.</HI> was dead, and though he do not return <HI>M.B.</HI> Knight. It &s;hall be extended the &s;ame, and a good return, 24 <HI>book of A&s;&s;i&s;es</HI> 6.</P>
<P>The Sherif upon a <HI>Venire facias,</HI> returns twelve names only upon the back of the VVrit, and not in the Scedule, and it is not good, but &s;hall return twenty foure according to the u&s;age, 2 <HI>H.</HI> 7. <HI>f.</HI> 8.</P>
<P><HI>The Sheriff returns upon a</HI> Cap<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">as, <HI>that a Re&s;cue 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 &s;hall be as certain as known,</HI> 3 <HI>H.</HI> 7.11.</P>
<P>Vpon <HI>Pluries,</HI> to have a Corody, the Sherif returns that the Bi&s;hop of <HI>K.</HI> is founder and doth not return the name of that Bi&s;hop that founded it, and for that it is un|certain, 3 <HI>H.</HI> 7.6.</P>
<P>Admea&s;urement of Dower, the Sherif returns that the woman hath more by forty &s;hillings <HI>per annum,</HI> this is no good return, for he ought to return two parts by it &s;elf and their values, and the third part by it &s;elf and the value thereof, 44 <HI>Ed.</HI> 3.11.</P>
<P>The Sherif of <HI>London</HI> upon <HI>a Nativo habendo,</HI> returns, <NOTE PLACE="marg">London.</NOTE> that if a Villaine remain in <HI>London</HI> by a year and a day, that he &s;hall not be drawn out, and that is a good return, and it is &s;aid, that return, that Attaint doth not lie in <HI>Lon|don,</HI> is a good return. Inquire, 7 <HI>H.</HI> 6.34.</P>
<P>In <HI>London</HI> every of the Sherifs may arre&s;t a man, and yet the Return &s;hall be made in the name of both the She|rifs, 39 <HI>H.</HI> 6. <HI>f.</HI> 43.</P>
<P>VVhere the Sherif 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 <HI>Ed.</HI> 3.2.</P>
<P>Where the Sherif returns (I have commanded the bai|lif of the liberty) where that liberty is not inrolled in the Exchequer, it is taken as a di&s;-inheriting of the King, 2 <HI>H.</HI> <NOTE PLACE="marg">Mandav. Balivo.</NOTE> 4.5. and 11 <HI>Ed.</HI> 4.6. <HI>the &s;ame.</HI></P>
<P><PB N="568" REF="289"><HI>The Sheriff returns, I have commanded the Bailif of the liber|ty, which an&s;wers me that he hath taken the body, and hath not the body there, it is doubted whether the Bailiff &s;hall be amerced or the Sherif,</HI> 2 <HI>H.</HI> 4.16 <HI>Inquire, &s;ee,</HI> 11 <HI>H.</HI> 4. <HI>fol.</HI> 41. <HI>that the Bailiff &s;hall be amerced and not the Sheriff,</HI> 5 <HI>Ed.</HI> 4.6. <HI>The &s;ame.</HI></P>
<P><HI>Where the Sheriff returns, I have commanded the Bailiff of the Liberty, which an&s;wers me, that he hath taken the body and not|with&s;tanding hath not the Body, the Sherif was amerced, and a</HI> Di&s;tringas <HI>awarded, to di&s;train the Bailiff to bring in the body, &amp;c.</HI> 47 <HI>Ed.</HI> 3.25. <HI>But,</HI> 14 <HI>Ed.</HI> 4.1. <HI>There &s;hall go out a Di|&s;tringas Ballivum to bring in the Body, and,</HI> 36 <HI>H.</HI> 6.1. <HI>the &s;ame</HI></P>
<P>The &s;herif returns I have commanded the Bailif of the Liberty, which an&s;wers me, and returns but nine of the Pannell, the &s;herif &s;hall be amerced, and not the Bailif, for the return in Law is not good, 8 H. 6.56.</P>
<P>The &s;herif upon a Grand Cape returns (I have com|manded the Bailif of the Liberty,) which an&s;wers me, that he hath taken the Land into the Kings hands, and doth not return that he hath &s;ummoned the Tenant, and held that the return in Law is not good, and for that the Sherift &s;hall be amerced, 4. H. 6.25.</P>
<P>If the Sherif upon a <HI>Capias</HI> makes a command to the Bai|lif to arre&s;t one, and he takes him, and the &s;herif doth not return the Writ, by <HI>Frowick and Brian,</HI> the Bailif &s;hall not be puni&s;hed but the &s;herif, 10 H. 7.17.</P>
<P>Fal&s;e Impri&s;onment again&s;t a Bailif, which &s;aith that a <HI>Capias</HI> came to the &s;herif and the &s;herif commanded him being a travailing Bailif, that he &s;hould take the body of the plaintif, which he did &s;o, the Plaintif &s;aith that the Writ was not returned. And by <HI>King&s;mill,</HI> though the Bailif were Fined, it &s;hall be accounted all wrong in him, for that, that the Writ is not returned, 20 H. 7.13.</P>
<P>Contrary by <HI>Rede, and Littleton,</HI> &s;aith, that Tre&s;pa&s;&s;e doth not lie again&s;t a &s;ervant in this ca&s;e, 18 <HI>Ed.</HI> 4.10.</P>
<P>If the &s;herif him&s;elf ju&s;tifie in Tre&s;pa&s;&s;e the arre&s;t of one by <HI>Capias</HI> to him directed, he ought to &s;hew that he hath returned the writ, for it is conditionall (&s;o that you have his body here, <HI>&amp;c.</HI> 3 H. 7.3.</P>
<P><PB N="569" REF="289"><HI>Where the Sherif &s;erves a</HI> Fieri facias, <HI>and levies the &s;um, and doth not return the Writ, the party may have an action of tre&s;pa&s;s again&s;t him for that levy,</HI> 21 <HI>H.</HI> 7.22. <HI>by</HI> King&s;|mill.</P>
<P><HI>The &s;ame Law is, if a Bailiff by the command of the Sheriff arre&s;t a man, and do not bring him to the Sheriff, fal&s;e impri|&s;onment lies again&s;t him.</HI></P>
<P><HI>Capias i&s;&s;ued to the Sherif where there is no Orignall, and he arre&s;ts the party and returns the Writ, tre&s;pa&s;&s;e doth not lie a|gain&s;t him.</HI></P>
<P>If the Servant of the Sheriffe arre&s;t one by a Precept made out of a <HI>Capias,</HI> and return his Precept to the Sherif, and the Sheriffe do not return his <HI>Capias,</HI> it &s;eems, that fal&s;e impri&s;onment lies again&s;t the Servant.</P>
<P>But where the Bailiff of a Liberty arre&s;ts one by a Pre|cept out of a <HI>Capias,</HI> made to him by the Sheriffe, and the Sheriffe do no not return the <HI>Capias,</HI> it &s;eems that falle impri&s;onment lies again&s;t the Sheriffe, and not again&s;t the Bailiffe.</P>
<P>If the Sheriffe make a Precept to his Servant, or to ano|ther to be a Bailiffe (if he be not a Bailiffe of the Fran|chi&s;e, which is not his Servant) and they take party, and the Sheriffe doth not return the Writ, the Bailiffe is a Tre&s;pa&s;&s;er, unle&s;&s;e he be Bailiffe of the Franchi&s;e, though the Bailiffe return his Precept to the Sheriffe &s;erved, 8 <HI>Ed.</HI> 4.18. and 13 H. 7.2. the &s;ame, See 18 <HI>Ed.</HI> 4.9. and 28 <HI>Book of A&s;&s;i&s;e</HI> 47.</P>
<P>Debt again&s;t an Executor, which pleads nothing in his hands, and found A&s;&s;ets, and the &s;heriffe returns upon a <HI>Fieri facias,</HI> I have commanded the Bailiffe of the Liber|ty, <HI>&amp;c.</HI> which an&s;wereth me that he hath no goods of the Te&s;tators, and this Return is not good, for it is con|trary to the Verdict and triall, and yet the Sheriffe &s;hall be amerced, and not the Bailiffe, for that, that the Return in Law is not good, and the Sheriffe ought to have know|ledge of the Law, 5 <HI>H.</HI> 7.27.</P>
<P>But for fal&s;e Return, the Bailiffe &s;hall be amerced. 3 <HI>H.</HI> 7 11. the &s;ame.</P>
<P>VVhere the &s;heriffe returns I have commanded the Bai|liffe of the Liberty, which hath given me no an&s;wer, there &s;hall go out a <HI>Non omittas.</HI></P>
<P>The &s;heriffe Returns, I have commanded the Bailiffe
<PB N="570" REF="290">of the Liberty, and for that, he doth not return (for that) be hath nothing within the Liberty, he was amer|ced, 47 <HI>Ed.</HI> 3.2.</P>
<P>The &s;heriffe returns, I have commanded the Bailiffe of the Liberty, and it is not to what per&s;on the Liberty is, and for that by <HI>Pigot</HI> it is not good, 9 <HI>Ed</HI> 4.20. contra|ry by <HI>Dauby,</HI> &s;ee 1 <HI>H.</HI> 6.7.</P>
<P><HI>The Sheriffe returns, I have commanded the Bailiffe of the Liberty of the Franchi&s;e of the Earl of</HI> Shrewsbury, <HI>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 Bailiffe of the Liberty, of the Franchi&s;e, of the Earl of</HI> Shrewsbury <HI>of</HI> Scar&s;dale, <HI>or his Liberty of high</HI> Peak, <HI>&amp;c. which hath full return, and execution of all the Writs in the &s;aid Liberty, to whom it belongeth totally to make execution of this writ, which truly Bailiffe &s;o an&s;wereth me, &amp;c.</HI> 1 H. 6.7. 9 H. 6.33.</P>
<P>Upon a VVrit to inquire of VVa&s;t, the Sheriffe re|turns, I have commanded the Bailiffe of the Liberty, which hath given me no an&s;wer, and the &s;heriffe was a|merced, for he ought to enter, and go to the place wa&s;ted, for that is the &s;tatute, and for that the Franchi&s;e &s;hall not hold place, 11 <HI>H.</HI> 4.80.</P>
<P>If the &s;heriffe enter into any Liberty, and execute Pro|ce&s;&s;e there, without a <HI>(non omittas)</HI> the Lord of the Li|berty &s;hall have a VVrit of Tre&s;pa&s;&s;e upon the Ca&s;e a|gain&s;t him, <HI>Fitzh.</HI> 95 <HI>B.</HI></P>
<P>The &s;heriffe returns upon the Exigent, that the De|fendant is dead, and cannot, by <HI>Pri&s;ot,</HI> and al&s;o upon a <HI>Capias</HI> he cannot return that, 32 <HI>H.</HI> 6.33.</P>
<P>The &s;herif returns upo a <HI>Scire facias</HI> again&s;t an Abbot, that he is depo&s;ed, by which he cannot warn him, and it is good, for that is a death, 1 <HI>H.</HI> 6.2. and 2 <HI>H.</HI> 6.5. the &s;ame.</P>
<P>The &s;herif returns upon an Exigent that the defendant is dead, and it is no good Return, for he ought but to de|mand him, and if he appear to take him, 10 H 4.5.</P>
<P>Upon <HI>Pluries Repleg.</HI> The &s;herif returns that the bea&s;ts are dead, and this is a good Return, and he need not re|turn that the bea&s;ts are driven away, 32 <HI>H.</HI> 6.32.</P>
<P><PB N="571" REF="290">In Attaint, the &s;herif cannot return that the Defen|dant is dead, for there are not any words in the VVrit to warn the Defendant, 18 H. 8.5.</P>
<P>Upon a <HI>Habeas corpus Jurat.</HI> the &s;herif returns that four are dead, and may, and upon a <HI>Di&s;tringas</HI> thereof, he re|turns that other two are dead, and may, 10 <HI>Ed.</HI> 4.11.</P>
<P>Upon an <HI>Habere facias Sei&s;inam,</HI> and upon the Grand <HI>Cape,</HI> and upon <HI>Habere facias vi&s;um,</HI> a return that none, came of the part of the complainant, <HI>&amp;c.</HI> is a good re|turn, 13 H. 4.9. <NOTE PLACE="marg">None comes for the Plain|tiffe.</NOTE></P>
<P>Upon a Writ of View, it is a good return, that none came of the part of the complainant, to &s;hew him the Land, for the &s;herif is not bound to know the Land, 14 <HI>H.</HI> 6.20.</P>
<P>The &s;tatute of <HI>York, chap.</HI> 5. &s;aith, <NOTE PLACE="marg">Names of the Sherif</NOTE> that the &s;herif ought to put his proper name to every Return, 8 H. 6. <HI>fol.</HI> 76.36 H. 6 <HI>f.</HI> 1. and 9 <HI>Ed.</HI> 4. <HI>f.</HI> 19.</P>
<P>VVhere one is outlawed, he may rever&s;e that by Error, for that in Return of the <HI>Alias Capias,</HI> the name of the &s;herif was omitted, 26 H. 8.4.</P>
<P>Tre&s;pa&s;&s;e again&s;t an Abbot and his Monks, <NOTE PLACE="marg">Pledges.</NOTE> the &s;herif returns Pledges for the Abbot, and that his Monks have nothing, and that is a good Return, and yet of a Hus|band and a VVife, Pledges &s;hall &s;erve both, and he need not return the VVife, <HI>Nihil,</HI> 48 <HI>Ed</HI> 3. <HI>fol.</HI> 26.</P>
<P>A&s;&s;i&s;e, the &s;herif returns he hath found me no Pledges, and the writ was delivered to the &s;herif again, and the Plaintif forthwith found Pledges, 2 <HI>H.</HI> 4.22.</P>
<P>A&s;&s;i&s;e again&s;t a Husband and his wife, the wife &s;hall be attached by goods of the Husband, for that &s;he is to be brought in by her Husband, 7 <HI>H.</HI> 6.10.</P>
<P>Upon a <HI>Habeas corpora,</HI> again&s;t a Juror, the &s;herif cannot return that he hath &s;erved part, and the Bailif of the Li|berty the other part, but upon a <HI>Capias</HI> again&s;t divers, the &s;herif may return <HI>Cepi corpus</HI> of one, and I have command|ed the Bailif of the Liberty of another, <NOTE PLACE="marg">Part &s;er|ved by the Sheriffe.</NOTE> and it is a good Return, 31. <HI>H.</HI> 6.13.</P>
<P>The &s;herif upon a <HI>Habeas corpus</HI> with <HI>Decem tales,</HI> re|turns that he hath &s;erved the <HI>Habeas corpus,</HI> and to the <HI>Decem tales,</HI> I have commanded the Bailif of the Liberty, which hath &s;erved the re&s;idue, it is not good Return, 8 <HI>H.</HI> 4.16.</P>
<P><PB N="572" REF="291"><HI>Di&s;tringas Juratores,</HI> the Sheriff cannot return that he hath di&s;trained &s;ome, and the Bailiff of the Liberty hath &s;erved the re&s;t, 19 <HI>H.</HI> 6. <HI>f.</HI> 48.</P>
<P>Upon a <HI>Di&s;tringas</HI> with Proclamation upon an Eject|ment of Ward, the Sheriff returnes, I have commanded the Bailiff of the Liberty, which an&s;wers, &amp;c. I&s;&s;ues forty pence, and that he him&s;elf hath made Proclamation, and for that it &s;eems that the Sheriff ought to make the Pro|clamation in the County, and ought to &s;erve the re&s;idue, 2 <HI>H.</HI> 4. <HI>f.</HI> 1.</P>
<P>In a <HI>Precipe,</HI> the Sherif returnes, I have commanded the Bailif of the Liberty, who an&s;wereth me &s;o, <HI>&amp;c.</HI> a good Return; and al&s;o that the Bailif takes the Pled|ges, and for that that he tooke the Pledges, where the Sherif ought, the Sherif was amerced, and <HI>Sicat alias</HI> was awarded, 14 <HI>H.</HI> 6. <HI>f.</HI> 3.</P>
<P>A&s;&s;i&s;e, the Sherif returnes, that he hath taken Pledges, and that the Bailif of the Liberty hath &s;erved the re&s;i|due, and though part be &s;erved by the Sherif, and part by the Bailif, it is good; for if the Plaintif do not finde to the Sherif Pledges, he &s;hall make no Precept to the Bai|lif, 21 H. 7. <HI>f.</HI> 14.</P>
<P>The Sherif by the &s;tatute of <HI>We&s;tmin&s;ter,</HI> <NOTE PLACE="marg">Po&s;&s;e Co|mitatus.</NOTE> the 2. <HI>chap.</HI> 39. may take, <HI>Po&s;&s;e Comitatus,</HI> to execute Proce&s;s, and al&s;o a|greed by this Book, that the Bailif may &s;o do, for he is in the place of the Sherif, 3 H. 7. <HI>f.</HI> 1.</P>
<P>Upon a <HI>Scire facias</HI> again&s;t a Chaplain upon a Recovery in a <HI>Quare impedit,</HI> <NOTE PLACE="marg">Quare impedit.</NOTE> the Sherif ought not to return, <HI>That he is a beneficed Clerk, having no Lay Fee,</HI> for that &s;hall not be returned, but upon a <HI>Di&s;tringas</HI> or <HI>Capias</HI> in Debt or Tre&s;|pa&s;&s;e, that is a good Return, and there &s;hall go <HI>Venire facias Clericum,</HI> but here he may be warned by his per&s;on, 32 H. 6. <HI>f.</HI> 13.</P>
<P>If the Sherif return that one at <HI>D.</HI> <NOTE PLACE="marg">Re&s;cous.</NOTE> made a Re&s;cue, it is good without addition of the party in the Return, and yet Proce&s;s of Outlary lieth upon that; and where the Sherif returnes the Re&s;cue to be made at D. he is e&s;topt to plead to that Return, over D. and neither D. and none without addition, for he is e&s;topt by the Return.</P>
<P>Where the Sheriff upon a <HI>Capias</HI> returnes, I have taken the Body, and that <HI>J. S.</HI> and <HI>J. D.</HI> made a Re&s;cue, and for that, that in the Return there is not of what place,
<PB N="573" REF="291">it is not good, 10 <HI>Edw.</HI> 4. <HI>fol.</HI> 17. <HI>and</HI> 3 <HI>H.</HI> 7. <HI>f.</HI> 11. <HI>the &s;ame.</HI></P>
<P>VVhere Tenant for Life, <NOTE PLACE="marg">Scire fac.</NOTE> prayes in aid of him in Re|ver&s;ion, and in <HI>Scire facias</HI> again&s;t him, the Sherif may return, that he is warned in the Land in Rever&s;ion, which is in the Land demanded, 45 <HI>Ed.</HI> 3. <HI>f.</HI> 26.</P>
<P>One may be warned in <HI>Scire facias</HI> by his per&s;on, his Land, or Goods, as it &s;eems by 32 <HI>H.</HI> 6. <HI>f.</HI> 13.</P>
<P><HI>Scire facias</HI> to warn two upon a VVrit of Detinue, the Sherif returnes one warned, and that the other (hath no|thing) and held that the Sherif &s;hall be amerced, for though that he hath nothing, he ought to have warned him by words, that is his Per&s;on; but for that that the Re|turn was read, and was (He hath nothing in my County) nor is found in the &s;ame, it was good, for he cannot warn his Per&s;on, 1 <HI>H.</HI> 5. <HI>f.</HI> 13.</P>
<P>The Sherif returnes upon a <HI>Scire facias,</HI> again&s;t a Par|&s;on to have Execution of Arrearages of Annuity, that the Par&s;on hath re&s;igned, and that he hath no Goods, and it is good, and may take notice of the Re&s;ignation, 2 <HI>Ed.</HI> 4. <HI>f.</HI> 1.</P>
<P>Upon a VVrit of Error i&s;&s;ued <HI>Scire facias,</HI> to the Heir and Ter-tenant &s;everally, to come together if they thought fitting, and it was again&s;t Husband and his VVife, and another per&s;on, and the Sherif returned, that <HI>Scire feci L. de B.</HI> &amp; <HI>Alice</HI> his wife Tenants of &s;o much, and <HI>R. de H.</HI> tenant of &s;o much &s;everally, and the Return good, though the Husband and the wife cannot be &s;evered, 3 <HI>H.</HI> 7. <HI>f. the la&s;t.</HI></P>
<P>The Sherif returnes upon a <HI>Scire facias,</HI> again&s;t an Ab|bot that he is depo&s;ed, that he cannot warn him, and this is good, for he is dead, 1 <HI>H.</HI> 6 <HI>f.</HI> 2.</P>
<P>The Sherif returnes <HI>Scire feci,</HI> by <HI>A.</HI> and <HI>B.</HI> without &s;ay|ing, Good and lawfull men, and the party appears, and good, 8 H. 6. <HI>f.</HI> 76.</P>
<P>Attaint was returned by the Sherif <HI>Nihil,</HI> <NOTE PLACE="marg">Summons in the Land de|manded.</NOTE> and the Re|turn is not good, and &s;o <HI>Sicut alias,</HI> and &s;hall be &s;ummon|ed in the Land demanded, 42 <HI>Ed.</HI> 3. <HI>f.</HI> 19.</P>
<P><HI>Mortdance&s;ter</HI> by two, and one makes default, by which i&s;&s;ueth a Summons to pro&s;ecute together, the Sherif up|on this returnes <HI>Nihil,</HI> and award, that they &s;hall be &s;um|moned in the Land demanded, 44 <HI>Ed.</HI> 3. <HI>f.</HI> 27.</P>
<P><HI>Scire facias</HI> out of a Fine to execute that, and two make default, and in a Summons to pro&s;ecute together, the &s;he|rif upon that returnes <HI>Nihil,</HI> and &s;hall be amerced, for they
<PB N="574" REF="292">&s;hall be &s;ummoned in the Land in Demand, 10 H. 6. <HI>f.</HI> 12.</P>
<P>The &s;ame Law is, where one hath aid of him in Rever|&s;ion and in a &s;ummons to aid, he &s;hall be &s;ummoned in the Land demanded.</P>
<P>A Writ of Covenant to levy a Fine, the Sheriff returns <HI>Nihil,</HI> and for that &s;hall be amerced, for he ought to have Summoned him in the Lands Demanded, 10 <HI>H.</HI> 6.13</P>
<P>Where aid was granted, and the Sherif returns that the Prayee hath nothing whereby he may be &s;ummoned, by which <HI>Sicut alias,</HI> was awarded in the Land in demand, 23 <HI>Ed.</HI> 3.37.</P>
<P>Debt again&s;t <HI>John Burton</HI> Par&s;on of <HI>D.</HI> The Sherif re|turns at the <HI>Pluries di&s;tringas,</HI> that he hath re&s;igned, and it is a good return, 2 <HI>H.</HI> 7.10.</P>
<P><HI>Scire facias,</HI> again&s;t an Abbot, and the Sherif returns he is depo&s;ed, and good return: But in <HI>Scire facias,</HI> a|gain&s;t a Husband and his Wife, <NOTE PLACE="marg">Spirituall</NOTE> the Sherif cannot return that they are divorced, for that is &s;pirituall, whereof he hath no notice, 1 <HI>H.</HI> 6.2. <HI>&amp;</HI> 2 <HI>H.</HI> 6.5. the &s;ame</P>
<P><HI>Scire facias,</HI> again&s;t the Par&s;on of <HI>D.</HI> to have Execution of arrerages of annuity, though the Sherif return that he hath re&s;igned, and take notice of that, it is a good return, 2 <HI>Ed.</HI> 4.1.</P>
<P>The Sherif returns upon a <HI>Capias, Tarde,</HI> and was amer|ced, 2 H. 4.8.</P>
<P>Right of ward at the <HI>Di&s;tringas</HI> with proclamation, the Sherif returns <HI>Exitus,</HI> and that he cannot proclaim that, for that it came too late, and there &s;hall go an <HI>Alias,</HI> to proclaim that only, and &s;hall not return I&s;&s;ues, 3 <HI>H.</HI> 4.6.</P>
<P>In <HI>Capias</HI> of appeale of Death, <NOTE PLACE="marg">Tarde.</NOTE> the Sherif returns, that, that writ came &s;o late that, <HI>&amp;c.</HI> and the return awarded good, 8 <HI>H.</HI> 4.22.</P>
<P>In A&s;&s;i&s;e, when the Writ is returned, <HI>Tarde,</HI> the Clarks do not make <HI>Sicut alias,</HI> but enter the Writ, and &s;end that again to the Sherif to be &s;erved, 9 <HI>Ed.</HI> 4.20.</P>
<P>Forging of Deeds, <HI>Di&s;tringas,</HI> with <HI>Decem tales,</HI> of that was awarded again&s;t the Jury, and the principle Jury was returned <HI>Tarde</HI> upon the <HI>di&s;tringas,</HI> and the <HI>Tales</HI> &s;erved, and the return was awarded good, for where the I&s;&s;ues are to be returned, the Sherif ought to have time to know their Land, but upon a <HI>Capias</HI> returned <HI>Tarde,</HI> it is &s;aid to be ill, But inquire, becau&s;e it is u&s;ed, 21 <HI>H.</HI> 6.51.</P>
<P><PB N="575" REF="292">The Sherif returns VVrit delivered by Bill according to the Statute of <HI>We&s;tm.</HI> 2. <HI>chap.</HI> 39. <HI>Tarde,</HI> and for that, that the Sherif refu&s;eth to put his &s;eale, others put their &s;eals according to the &s;tatute, and the Plaintif hath a writ to the Ju&s;tices of a&s;&s;i&s;e to inquire of Dammages, 29 <HI>A&s;s.</HI> 58.</P>
<P><HI>Capias,</HI> to have Execution again&s;t an Abbot, or again&s;t a Bi&s;hop if it be returned, that they have nothing in that County, there &s;hall go out <HI>Elegit</HI> upon the <HI>Te&s;tatum</HI> in another County, 26 <HI>H.</HI> 8 8. and 26 H. 8.17.</P>
<P>VVhere one hath recovered in a <HI>Quare impedit,</HI> and hath a VVrit to the Bi&s;hop, which refu&s;eth his Clark. So that he hath a <HI>Quare non admi&s;it,</HI> <NOTE PLACE="marg">Te&s;ta|tum,</NOTE> and proce&s;s continue to the di&s;tre&s;&s;e again&s;t the Bi&s;hop, and the &s;herif returns that he hath nothing, there goes <HI>Di&s;tringas</HI> to the &s;herif of <HI>Lon|don</HI> upon the <HI>Te&s;tatum,</HI> that he hath no Land there, 3 <HI>H.</HI> 4.6.</P>
<P>Tre&s;pa&s;&s;e again&s;t a Prior, the &s;herif returns that he hath nothing, and how he hath no Land there, he &s;hall have proce&s;s into another County upon a <HI>Te&s;tatum,</HI> for a Prior was a name of <HI>Dignity,</HI> and for that &s;hall have proce&s;s in a|nother County upon <HI>Te&s;tatum,</HI> 7. H. 4.1.</P>
<P>VVhere the &s;herif returns <HI>Nihil, Capias</HI> doth not lie a|gain&s;t a Lady, Peer of the Realme, Earl or Baron. But there &s;hall go a <HI>Te&s;tatum</HI> in another County, but where they do wrong, as if they e&s;&s;oigne, Di&s;tre&s;s, and returns that by the Sherif, the <HI>Capias</HI> lies for the wrong, 11 H. 415.</P>
<P>If the Sheriffe arre&s;t any, and Re&s;cue is made, by Ba|ron, Earl, or Duke, if the Sheriffe return the Re&s;cue, <HI>Capias</HI> lyes, 1 <HI>H.</HI> 5 <HI>fol.</HI> the la&s;t.</P>
<P>Wa&s;t was made in <HI>Reddale,</HI> and upon a Writ to inquire of Wa&s;te, the Sheriffe returns, that I have taken an In|qu&s;ition at <HI>Reddale,</HI> and for that it is not at the place wa&s;ted, it is no good return, 40 <HI>Ed.</HI> 3.20. and 27 <HI>H.</HI> 8.16 the &s;ame.</P>
<P>Wa&s;te in A.B.C. and D. it is &s;aid that a Writ to inquire of Wa&s;te &s;hall be returned (that I have come to the Te|nements afore&s;aid, and the Inqui&s;ition taken at one Town &s;hall &s;erve for all, 34 H. 6.49.</P>
<P>A. returns upon a <HI>Redi&s;&s;ei&s;in</HI> or upon a Writ to inquire of Wa&s;te, (that I came to the Town) is not good, but to the place, 11 H. 4.6.</P>
<P>Upon a Writ to inquire of wa&s;te, for that that the Sheriff returns, (I have commanded the Bailiffe of the Liberty, which hath given me no an&s;wer) he was amerced, for he ought to go to the place wa&s;ted, 11 H. 4.80.</P>
<P><PB N="576" REF="293">Appeal, <NOTE PLACE="marg">Vi&s;ne.</NOTE> the Sheriffe returns a Jury of the Vi&s;ne of D<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> and the new Sheriffe returns no &s;uch Vi&s;ne, and may, 3 H. 6. <HI>fol.</HI> la&s;t.</P>
<P><HI>Venire facias,</HI> <NOTE PLACE="marg">Venire facias.</NOTE> was returned by the Sherif, and after|wards the Sherif was di&s;charged, and a new Sherif made and at the <HI>Di&s;tringas</HI> he returned <HI>(Nihil)</HI> upon a Juror, and adjudged that he &s;hall be amerced, but he may return that the Lands are recovered again&s;t the Juror, or that the Juror was Tenant for life of <HI>J.</HI> S. which is dead, or other &s;peciall matter, and &s;o <HI>(Nihil)</HI> 19. H. 6.38.</P>
<P>Where the Parties admit one &s;uch (Vi&s;ne) where there is no &s;uch, the Sherif cannot return, that there is no &s;uch (Vi&s;ne) but &s;hall make the Pannell of the body of the County, 37 H. 6.12.</P>
<P>A <HI>(Venire facias)</HI> with the Pannell was returned, and none found upon the Roll, but <HI>(&s;icut alias)</HI> awarded and returned, and upon that <HI>(Habeas corpora)</HI> and <HI>Di&s;tringas,</HI> and the Iury found for the Plaintiffe, and it is &s;hewed in arre&s;t of Iudgement, that there was another <HI>(Venire faci|as)</HI> with a Pannell, and adiudged that it &s;hall not be in|tended to be there lawfully, but &s;hall be taken off the File, for that, that in the Roll the Entry was, <HI>ad quem diem Vi|cecomes non mi&s;it breve,</HI> and upon that it was awarded the <HI>&s;icut alias,</HI> 20 H. 6.17.</P>
<P>Though the <HI>Venire facias,</HI> is <HI>Venire facias,</HI> twelve free and lawfull men, yet if the Sherif return twelve onely, if he do not amend that, he &s;hall be amerced, for the Iu|&s;tices will not alter the ancient Form, for the mi&s;cheif which may come, for if twelve onely be returned he &s;hall not have a Iury without a <HI>Tales,</HI> 2 H. 7.8.</P>
<P>The &s;herif returns a Pannell upon <HI>Venire facias,</HI> and co|meth a Bailif of the Fee, and &s;hews an Indenture by which he hath returned certain names to the &s;herif, and that the &s;herif hath returned other names in blemi&s;hing his return, and prayeth that the Iury be not taken, and it was not allowed, 30 <HI>Book of A&s;&s;i&s;es</HI> 5.</P>
<P><HI>A&s;&s;i&s;e,</HI> (Venire facias) <HI>was directed to the Coroners, and the Pannell was returned by two Coroners, where there are four, and therefore the</HI> (Venire facias) <HI>was &s;ent back again, and after was returned by all foure,</HI> 31 <HI>A&s;&s;i&s;e</HI> 20.</P>
<P>Venire facias <HI>I&s;&s;ued to the Sheriff, which returneth,</HI> Man|davi in Ballivo libertatis, <HI>that to me he &s;hould &s;end a Pannel, and this is returned, and after goeth</HI> Tales <HI>to the Sheriff, and
<PB N="587" REF="293" MS="y">he return the</HI> Tales, <HI>aledging that there were more &s;ufficient within the Franchi&s;e, and good return upon this &s;peciall matter,</HI> 38 <HI>Ed.</HI> 3.29.</P>
<P><HI>Debt again&s;t the &s;herif, <NOTE PLACE="marg">Sheriffe.</NOTE> and he reurneth that hhim&s;elf is &s;he|rif, and that he cannot &s;ummon him&s;elf,</HI> 18 H. 3. <HI>and</HI> H. 6.77. <HI>&s;ee</HI> 9. H. 6 f. 10.</P>
<P>Precipe, (Venire facias) <HI>i&s;&s;ued to the &s;herif, and he was outed of his office one month before the return of it, and he &s;ent the</HI> (Ve|nire facias) <HI>which was &s;erved to the new &s;herif, and he returned another</HI> Venire facias, <HI>and returned that Writ late, and it &s;eemeth that the Writ which is &s;erved &s;hall be</HI> 28 Ed. 3.99.</P>
<P>One was out lawed, and <HI>Procla mari feci</HI> was returned, that he &s;hould render him&s;elf to the &s;herif of <HI>London,</HI> where it &s;hould be <HI>Kent,</HI> and the outlawry was rever&s;ed by error, and for that, that it is in another Term, it &s;eemeth that the &s;he|rif &s;hall not amerced, 27 H. 8.34.</P>
<P>Debt was brought by I.S. being &s;herif, and &s;erves the Writ, and it is good, and may &s;erve that til a <HI>Venire facias</HI> 14 H. 6.1.</P>
<P>The &s;herif may bring a Writ of debt in the County where he is &s;herif, and may &s;erve it, and return it, and may find pledges to pro&s;ecute in the Chancery, 14. H. 6.19.</P>
<P>Tre&s;pa&s;s again&s;t the &s;herif and two others, and proce&s;s was awarded to the Coroners, and the &s;herif was found not guil|ty, and the Plaintif prayed a <HI>(Fiere facias)</HI> to the &s;herif and could not have it, for that the proce&s;s before was to the Coroners, 2 H. 6 12.</P>
<P><HI>Debt upon a</HI> Capias, <HI>the &s;heriffe returns that he is &s;ick in Pri|&s;on, 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 non &s;uited,</HI> 3 H. 6.3.</P>
<P><HI>If the the &s;herif return in one Pannel,</HI> Johannis D. <HI>where it &s;hould be</HI> Johannes D. <HI>yet that is good, for fal&s;e Latin is not ma|teriall in a return,</HI> 2 H 4.8.</P>
<P><HI>If the &s;herif return upon a</HI> Capias, cepi corpus, <HI>and hath not the body, he &s;hall be amerced,</HI> 7 H. 4.11.</P>
<P><HI>The Defendant cannot &s;ay that the &s;herif is cozen to the Plaintif and pray</HI> (Venire facias) <HI>to to the Coroners, for if it be &s;o, he may have his challenge and qua&s;h the Jury, but the Plaintiffe may pray that</HI> 3 H. 7.2. <HI>&amp;</HI> 5.</P>
<P><PB N="578" REF="294"><HI>Exigent which was delivered of Record was imbezilled, and the Copy of that returned by the &s;heriff, and he was amerced for returning of the copy to</HI> 30 l. <HI>&amp; for imbezilling that</HI> 20 l. 3 E. 4.5 <HI>Debt upon an Obligation made to the &s;heriff, by one let to main|pri&s;e, and the name of the &s;herif is not in the Obligation as ought to be by that &s;tatute of</HI> 23 H. 6. <HI>cap.</HI> 10. <HI>and the Defendant may &s;hew that, and conclude, and &s;o not his deed,</HI> 7. Ed. 4.5. <HI>Eve|ry originall writ &s;hall be to the &s;herif as a&s;&s;i&s;e of an office in the Common place, but proce&s;&s;e may be to the keeper of the Pallace,</HI> 3 Ed. 4.17. <HI>The &s;heriff nor his &s;ervant cannot break a clo&s;e to make a Replevin where is a gate, unle&s;&s;e it be &s;topped,</HI> 20 H. 6.30. <HI>The &s;herif, and the Bailif errant, &s;worn and known, may arre&s;t one without &s;hewing him a Warrant, contrary of the &s;ervant of the &s;herif, which is not an office &s;worn and known,</HI> 8 Ed. 4.14. <HI>If the &s;herif come to arre&s;t one, and he flie, he may pur&s;ue him, and take him in another County, but not a&s;&s;ault nor beat him, for that he was not arre&s;ted, but if he were arre&s;ted, &amp; flie into another Coun|ty with his &s;word naked in his hand, he may follow him, &amp; a&s;&s;ault him, and beat him, and take him,</HI> 2 Ed. 4.7. <HI>If the &s;herif come to arre&s;t one, and he &s;lie into another County, there he may fre&s;hty pur&s;ue and arre&s;t him,</HI> 11 Ed. 4.9. <HI>The &s;herif or officer may break a hou&s;e to take a Felon, but he cannot break a hou&s;e to arre&s;t one upon a</HI> Capias <HI>in Debt or Tre&s;pa&s;&s;e,</HI> 13 Ed. 4.8.</P>
<P>The &s;herif upn a <HI>Fieri facias</HI> cannot break a doore or che&s;t to take goods in Execution, for if he doth, Tre&s;pa&s;&s;e lieth for the breaking onely, 18. <HI>Ed.</HI> 4.4.</P>
<P>Tre&s;pa&s;&s;e again&s;t the &s;herif for taking of goods, he may iu&s;tifie for that the Exigent of Felony was awarded to him, and that he took them, and he might iu&s;tifie for that, though that he doth not &s;ay, that he accounted to the King, but a <HI>Capias ad &s;atisfaciendum</HI> is conditionall, 3 H. 7.3.</P>
<P>If the Sheriffe 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.</P>
<P><HI>Capias</HI> for Felony, the Sheriffe returns <HI>Cepi corpus,</HI> and hath not the body at the day, by which he was amerced a hundred &s;hillings for the e&s;cape, 40 <HI>A&s;&s;i&s;e.</HI> 43.</P>
<P>See the &s;herif may &s;erve a VVrit as it &s;eemeth with three hundred men if need be, 3 H. 7.1.</P>
</DIV2>
<DIV2 TYPE="writ sampler">
<PB N="579" REF="294">
<HEAD>THE MOST USUAL WRITS which have been u&s;ed in the <HI>Kings Bench,</HI> and are mo&s;t like to continue in that Court, now called the <HI>&V;pper Bench,</HI> never before Printed in <HI>Engli&s;h.</HI></HEAD>
<DIV3 TYPE="writ">
<HEAD>Latitat.</HEAD>
<OPENER><SIGNED>THe Keepers of the Liberty of <HI>England</HI> by Autho|rity of <HI>Parliament,</HI></SIGNED> 
<SALUTE>to the Sheriffe of <HI>E.</HI> Greeting.</SALUTE></OPENER>
<P>Whereas We have lately commanded the Sheriffe of the County of <HI>Middle&s;ex,</HI> that he &s;hould take <HI>A.B.</HI> if he might be found in his Bayliwick, and him &s;afely keep, &s;o that he might have his body before us in the Upper Bench at <HI>We&s;tmin&s;ter,</HI> the <HI>Thur&s;day</HI> next after the fifteen dayes of <HI>Ea&s;ter,</HI> to an&s;wer to <HI>C. D.</HI> in a Plea of Tre&s;pas. And the &s;aid Sheriffe of <HI>Middle&s;ex</HI> at that day returned to us that the &s;aid <HI>A. B.</HI> is not found in his Bayliwick. Whereupon on the behalf of the &s;aid <HI>C. D.</HI> in the Court before us, it is &s;ufficiently te&s;tified, that the &s;aid <HI>A. B.</HI> doth lurk, and &s;culk in your County; therefore We command you that you take him if he &s;hall be found in your Bayliwick, and him &s;afely keep; &s;o that you may have his body before Us in the Upper Bench at <HI>We&s;tmin&s;ter,</HI> the <HI>Wedne&s;day</HI> next af|ter the three weeks of <HI>Ea&s;ter,</HI> to an&s;wer the &s;aid <HI>C.D.</HI> in the Plea afore&s;aid. And then you have here this writ,</P>
<CLOSER><DATELINE>Witnes <HI>H. Roll</HI> at <HI>We&s;tmin&s;ter</HI> <DATE>the 17th day of <HI>April,</HI> in the yeer of our Lord 1651.</DATE></DATELINE>
<SIGNED>Wightwicke.</SIGNED></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Alias Ca|pias.</HEAD>
<OPENER><SIGNED>THe Keepers of the Liberty of <HI>England</HI> by Authority of <HI>Parliament,</HI></SIGNED> 
<SALUTE>to the Sheriffe of <HI>E.</HI> Greeting.</SALUTE></OPENER>
<P>We command you, as formerly We have you command|ed, that you take <HI>A. B.</HI> if he &s;hall be found in your Bayli|wick, and him &s;afely keep, &s;o that you have his body be|fore Us in the Upper Bench at <HI>We&s;tmin&s;ter</HI> on <HI>Saturday</HI> next after the morrow of the A&s;cen&s;ion of our Lord, to an&s;wer <HI>C.D.</HI> in a Plea of Tre&s;pas. And then you have there this Writ. Witnes <HI>H. Roll</HI> at <HI>We&s;tmin&s;ter</HI> the 17th day of <HI>April,</HI> in the yeer of our Lord 1651. <HI>Wightwicke.</HI></P>
</DIV3>
<DIV3 TYPE="writ">
<PB N="580" REF="295">
<HEAD>Plures Ca|pias.</HEAD>
<OPENER><SIGNED>THe Keepers of the Liberty of <HI>England</HI> by the Au|thority of <HI>Parliament,</HI></SIGNED>
<SALUTE>to the Sheriffe of <HI>E.</HI> Greeting.</SALUTE></OPENER>
<P>We command you, as many times we have com|manded that you take <HI>A. B.</HI> &amp;c. as above in the Writ next before.</P>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Bill Middl.</HEAD>
<OPENER><DATELINE>Middl: &s;&s;:</DATELINE></OPENER>
<P>It is commanded to the Sheriffe, that he take <HI>A. B.</HI> if, &amp;c. and him &s;afely, &amp;c. &s;o that he have his body before the Keepers of the Liberty of <HI>England,</HI> by the Authority of <HI>Parliament,</HI> in the Upper Bench at <HI>We&s;t|min&s;ter</HI> on <HI>Wedne&s;day</HI> next after the month of <HI>Ea&s;ter,</HI> to an&s;wer <HI>C. D.</HI> in a Plea of Tre&s;pas. And then he have here this precept, &amp;c.</P>
<CLOSER><SIGNED>By Bill: <HI>Wightwicke.</HI></SIGNED></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Alias Bill.</HEAD>
<OPENER><DATELINE>MIddl: &s;&s;.</DATELINE></OPENER>
<P>It is commanded the Sheriffe, as it was for|merly commanded, that he take <HI>A. B.</HI> &amp;c. as above in the Bill of <HI>Middle&s;ex.</HI></P>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Attach|ment of priviledge.</HEAD>
<OPENER><SIGNED>THe Keepers of the Liberty of <HI>England,</HI> by the Au|thority of <HI>Parliament,</HI></SIGNED>
<SALUTE>to the Sheriffe of <HI>H.</HI> Greeting.</SALUTE></OPENER>
<P>We command you that you attach <HI>A. B.</HI> if he &s;hall be found in your Bayliwick, and him &s;afely to keep; &s;o that you have his body before Us in the Upper Bench at <HI>We&s;tm.</HI> on <HI>Wedne&s;day,</HI> &amp;c. (reciting the return) to an&s;wer <HI>C. D.</HI> Gent. one of the Clerks of <HI>Samuel Wightwicke</HI> <ABBR>E&s;q</ABBR> cheif Clerk a&s;&s;igned to inroll Pleas in the Upper Bench at <HI>We&s;tm.</HI> &amp;c. in a Plea of Tre&s;pas. And then you have there this Writ.</P>
<CLOSER><DATELINE>Witnes <HI>H. Roll</HI> at <HI>We&s;tm,</HI> &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Habeas Corpus ad <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ac &amp; rec'</HEAD>
<OPENER><SIGNED>THe Keepers of the Liberty, &amp;c.</SIGNED>
<SALUTE>Greeting.</SALUTE></OPENER>
<P>We com|mand you, that you have the body of <HI>A. B.</HI> (in our Pri&s;on under your cu&s;todie (as it is &s;aid detained) under &s;afe and &s;ecure conduct, together with the day, and cau&s;e of his caption, and detaining by that name &s;oever the &s;aid <HI>A B.</HI> be cen&s;ured in the &s;ame) before Us in the Upper Bench at <HI>We&s;tmin&s;ter</HI> on <HI>Saturday</HI> next after the morrow of <HI>All Souls,</HI> to do, and receive al., and every tho&s;e things which the Court before Us in the Upper Bench at <HI>We&s;tm.</HI> &s;hall con&s;ider of in that behalf. And then you have here this Writ.</P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<PB N="581" REF="295">
<HEAD>Habeas <HI>Corpus re|tornable before a Judge im|mediately.</HI></HEAD>
<OPENER><SIGNED>THe Keepers, &amp;c.</SIGNED> (as above in the <HI>Habeas Corpus</HI> un|till)</OPENER>
<P>by what name &s;oever the &s;aid <HI>A. B.</HI> be cen&s;ured in the &s;ame) before <HI>Henry Roll</HI> cheif ju&s;tice, a&s;&s;igned to hold Pleas in the Upper Bench at <HI>We&s;tm.</HI> at his Chamber in <HI>Sergeants Inne</HI> in <HI>Fleet&s;treet, London,</HI> immediately after the receiving of this Writ, to do, and receive all and every tho&s;e things which the &s;aid Cheif Ju&s;tice, then, and there &s;hall con&s;ider of in that behalf. And then you have here this Writ, &amp;c.</P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Habeas Corpus <HI>upon a</HI> cepi Corpus.</HEAD>
<OPENER><SIGNED>THe Keepers, &amp;c.</SIGNED> 
<SALUTE>to the Sheriffe of <HI>O.</HI> Greeting.</SALUTE></OPENER>
<P>We command you that you have the body of <HI>A B.</HI> (by you taken, and in our pri&s;on under your cu&s;tody detain|ed, as you your &s;elf to us in the Court before us in the Upper Bench at <HI>We&s;tm.</HI> formerly by you &s;ent, have there|by charged your &s;elf) before us in the Upper Bench at <HI>We&s;tm.</HI> &amp;c. (reciting the Return) to an&s;wer <HI>C.D.</HI> in a Plea of Tre&s;pas. And then you have there this writ.</P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Habeas Corpus ad &s;atisfacien|dum.</HEAD>
<OPENER><SIGNED>THe Keepers, &amp;c.</SIGNED> (as above untill the Return)</OPENER>
<P>next after, &amp;c. to &s;atisfie <HI>C. D.</HI> as well of one hundred li. of debt, as 40 s. for his damages which he &s;u&s;tained, as well by occa&s;ion of detaining of that Debt, as for his Co&s;ts and charges by him, about his Suit, in that behalf disbur&s;ed. And further to do, and receive all, and every tho&s;e things, &amp;c. (as above in the <HI>Habeas Corpus ad fac' &amp; rec'.</HI></P>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Procedendo</HEAD>
<OPENER><SIGNED>THe Keepers of the Liberty, &amp;c.</SIGNED>
<SALUTE>Greeting.</SALUTE></OPENER>
<P>Although we have lately commanded you by our Writ, that you &s;hould have the body of <HI>A. B.</HI> (in Our pri&s;on under your cu&s;todie, as it was &s;aid, detained under &s;afe and &s;e|cure conduct, together with the day and cau&s;e of his cap|tion, and detention, by what name &s;oever the &s;aid <HI>A. B.</HI> &s;hould be cen&s;ured in the &s;ame) before Us in the Upper Bench at <HI>We&s;tm.</HI> on, &amp;c. (as the Return was in the <HI>Ha|beas Corpus</HI>) la&s;t pa&s;t, to do, and receive all, and every tho&s;e things which the Court before Us in the Upper Bench at <HI>We&s;tmin&s;ter</HI> &s;hall then, and there, con&s;ider or in that behalf. Yet we being now moved with certain cau&s;es in the &s;ame Court before Us in the Upper Bench at <HI>We&s;t|min&s;ter,</HI> We command you, and every of you, that in what|&s;oever Plaints or Suits again&s;t him, the &s;aid <HI>A. B.</HI> at the Suit of <HI>C. D.</HI> in the Court before you, or any of you leavi|ed,<PB N="582" REF="296">or affirmed; and before you, or any of you now de|pending undetermined, in &s;uch manner you proceed with what celeritie you can, as according to the Law, and cu|&s;tome of this Nation you think to be expedient; Our Writ afore&s;aid to you formerly directed to the contrary not|with&s;tanding. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Super&s;e|deas <HI>when the Defen|dant ap|pears, and files com|mon Bail.</HI></HEAD>
<OPENER><SIGNED>THe Keepers, &amp;c.</SIGNED>
<SALUTE>Greeting.</SALUTE></OPENER>
<P>Whereas by our Writ, we have lately commanded you, that you &s;hould take <HI>A. B.</HI> if, &amp;c. (recite as is in the <HI>Alias Capias</HI> till the&s;e words) to an&s;wer <HI>C. D.</HI> in a Plea of tre&s;pas. And becau&s;e the &s;aid <HI>A. B.</HI> in the Court before us, in the Upper Bench at <HI>We&s;tm.</HI> hath appeared at the day, and place in the &s;aid Writ con|tained, to an&s;wer the &s;aid <HI>C. D.</HI> according to the form and effect of the &s;aid Writ; Therefore we command you, that you for ever &s;uper&s;ede from further attaching, Impri&s;o|ning, or him the &s;aid <HI>A. B.</HI> for that cau&s;e any way mole&s;t|ing; And if you have taken him for that cau&s;e and no o|ther, then upon your perill without delay you cau&s;e him to be freed, delivered from the Pri&s;on, where he is &s;o de|tained.</P>
<CLOSER><DATELINE>Witne&s;&s;e, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Super&s;e|deas <HI>upon a</HI> Capias ad &s;atisfa|ciendum, <HI>when the Plaintiffe hath ac|knowledged &s;atisfaction</HI></HEAD>
<OPENER><SIGNED>THe Keepers of, &amp;c.</SIGNED> 
<SALUTE>Greeting.</SALUTE></OPENER>
<P>Although by our Writ we have lately commanded you, that you &s;hould take <HI>A. B.</HI> if, &amp;c. (Reciting the execution untill the&s;e words) as it doth appear to us upon record, yet becau&s;e the &s;aid <HI>C. D.</HI> in the &s;ame Court before us in the Upper Bench at <HI>We&s;tmin&s;ter,</HI> did acknowledg that he is &s;a|tisfied for the debt and damages afore&s;aid, therefore we command you that you for ever &s;uper&s;ede from taking, at|taching, Impri&s;oning, or him the &s;aid <HI>A. B.</HI> for that cau&s;e any waies mole&s;ting. And if you have taken him, the &s;aid <HI>A. B.</HI> for that cau&s;e (and no other) then without delay upon your perill, you cau&s;e him to be delivered from the Pri&s;on where he is &s;o detained, if for that cau&s;e and no o|ther, he is detained. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Subpena.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED> 
<SALUTE>to <HI>J. B.</HI> and <HI>C. D.</HI> Greeting,</SALUTE></OPENER>
<P>we command you, and both of you, notwith&s;tanding, all and every bu&s;ines and excu&s;es what&s;oever, that you be in your proper per&s;ons, before <HI>Henry Roll</HI> Cheif Ju&s;tice a&s;&s;igned, to hold Pleas in the Upper Bench at<PB N="583" REF="296"><HI>We&s;tmin&s;ter</HI> on <HI>Friday</HI> the 29th. day of <HI>November,</HI> at <HI>Guild-Hald London</HI> there to te&s;tify all and every tho&s;e things, ac|cording to your, and both of your knowledg and notice, which you, or either of you have known, in a certain acti|on, now depending in the Upper Bench at <HI>We&s;tmin&s;ter</HI> un|determined&punc; between <HI>E. F.</HI> Plaintiffe, and <HI>H. J.</HI> Defen|dant, in a Plea of tre&s;pas, and ejectment to be tried be|tween the &s;aid Parties by a <HI>Jurat</HI> of the Country. And this in no wi&s;e you omit, neither either of you omit, upon the penalty of either of you, of a hundred pound. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Subpena <HI>to te&s;tifie before the Sheriffs of</HI> London.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED></OPENER>
<P>(as above untill the&s;e words) pro|per per&s;ons before the Sheriffes of <HI>London,</HI> the 15th. day of <HI>May,</HI> about one a clock in the afternoon of the &s;ame day, at <HI>Guild-Hall London,</HI> to te&s;tifie, &amp;c. (as above untill) the day and place afore&s;aid, to be inquired of be|fore the &s;aid Sheriffes, by the Oath of twelve hone&s;t and lawfull men of the City of <HI>London</HI> afore&s;aid. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Venire fa|cias.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED> 
<SALUTE>to the Sheriffe of <HI>London,</HI> Greeting.</SALUTE></OPENER>
<P>We command you that you cau&s;e to come before Us in the Upper Bench at <HI>We&s;tmin&s;ter</HI> on <HI>Wedne&s;day,</HI> &amp;c. twelve free, and lawfull men of the vi&s;ne of the Pari&s;h of <HI>Ble&s;&s;ed Mary of Bowe,</HI> in the Ward of <HI>Cheap, London,</HI> every one of which hath foure pounds of Lands, Tenements, or Rents by the yeer at the lea&s;t, by whom the truth of the matter may better be known. And which neither the &s;aid <HI>A. B.</HI> Plaintiffe, nor <HI>C. D.</HI> to happen into any affinity, to make a certain Jurat between the parties afore&s;aid of a Plea of Debt, becau&s;e as well the &s;aid <HI>C. D.</HI> as the &s;aid <HI>A. B.</HI> between whom therof there is contention, have put them|&s;elves into that Jurat. And then you have there the names of the Jurors. And this Writ. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Venire fa|cias <HI>with a Provi&s;o.</HI></HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED></OPENER>
<P>(as above untill the&s;e words) have put them&s;elves in that Jurat. Alwayes provided, that if two Writs &s;hall therby come to you, you onely execute and return one of them. And then you have there the names of the Jurors. And this Writ. Witnes, &amp;c. Al&s;o the <HI>Di&s;tringas Jur.</HI> may be made with a provi&s;o.</P>
</DIV3>
<DIV3 TYPE="writ">
<PB N="584" REF="297">
<HEAD>Di&s;tringas Jur.</HEAD>
<OPENER><SIGNED>THe Keepers of, &amp;c.</SIGNED> 
<SALUTE>to the Sheriffes of <HI>London.</HI> Greet|ing.</SALUTE></OPENER>
<P>We command you that you di&s;train <HI>A. B.</HI> &amp;c. (naming the 24. Jurors) Jurors &s;ummoned before Us in the Upper Bench at <HI>We&s;tmin&s;ter,</HI> between <HI>A. B.</HI> Plaintiffe, and <HI>C. D.</HI> by all their Lands and Chattels in your Bayli|wick, &s;o that neither they, nor any by them put hands to tho&s;e thing, untill you have thereof another Precept from us. And that of the i&s;&s;ues thereof you an&s;wer to us. &s;o that you have their Bodies before us in the Upper Bench at <HI>We&s;tmin&s;ter</HI> on <HI>Wedne&s;day</HI> next after five weeks of <HI>Ea&s;ter;</HI> or before our faithfull and well beloved <HI>Henry Roll,</HI> Cheif Ju&s;tice, a&s;&s;igned to hold Pleas in the Court before Us in the Vpper Bench at <HI>We&s;tmin&s;ter,</HI> if fir&s;t he come on <HI>Tue<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">day</HI> the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">1. day of <HI>May</HI> at <HI>Guild-Hall London,</HI> by the form of the Statute in &s;uch ca&s;e lately made, and provided, to make a certain Jurat between the &s;aid 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. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Di&s;tring. <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> <HI>the I&s;&s;ue at the Bar.</HI></HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED></OPENER>
<P>(as above untill the&s;e words) &s;o that you have their Bodies before Us in the Upper Bench at <HI>We&s;tmin&s;ter,</HI> on, &amp;c. next after, &amp;c. to make a certain Jurat between the &s;aid parties in a Plea of Tre&s;pas, and E<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ectment. And thereby to hear their Judgement, &amp;c. And you have, &amp;c. (as above.)</P>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Di&s;tring, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span">.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED> 
<SALUTE>Greeting.</SALUTE></OPENER>
<P>We command you, that you di&s;train <HI>A. B.</HI> E&s;quire, lately Sheriffe of your County, by all his Lands, and Chattels; &s;o that neither he, nor any by him, put hands to tho&s;e things, untill you have thereof another Precept from us. And that of the I&s;&s;ues thereof you an&s;wer to us, &s;o that you have the Body of <HI>C. D.</HI> (by him taken, and in our pri&s;on under his cu&s;tody detained, as he him&s;elf by his Return to us in the Court before Us in the Upper Bench at <HI>We&s;tmin&s;ter,</HI> formerly thereunto by him &s;ent, hath charged him&s;elf) before us in the Upper Bench at <HI>We&s;tm.</HI> on, &amp;c. next after, &amp;c. to an&s;wer <HI>E. F.</HI> in a Plea of Tre&s;pas. And then you have here this Writ. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<PB N="585" REF="297">
<HEAD>Writ of In|quiry.</HEAD>
<OPENER><SIGNED>THe Keepers, &amp;c.</SIGNED>
<SALUTE>Greeting.</SALUTE></OPENER>
<P>Whereas <HI>A: B.</HI> lately in the Court before us in the Upper Bench at <HI>We&s;tmin&s;ter</HI> by a Bili without our Writ, and by judgment of the &s;aid Court had impleaded <HI>C. D.</HI> of E. in the County of <HI>F.</HI> Yeo|man for that, (that is to &s;ay) that wherea<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> one <HI>J. H.</HI> the 19th day of <HI>April,</HI> in the year of our Lord, one thou&s;and &s;ix hundred and fifty, at <HI>L.</HI> in the County afore&s;aid, had demi&s;ed, granted, and to farm, let, &amp;c. (And &s;o recite the Declarat') And thereupon, then produced the Suit, &amp;c. Such like proce&s;&s;e thereupon, is taken before us in the &s;ame Court, that the &s;aid <HI>A. B.</HI> ought to recover his da|mages again&s;t the &s;aid <HI>C. D.</HI> by rea&s;on of the premi&s;es, but becau&s;e now it is unknown what damage the &s;aid <HI>A. B.</HI> in that behalf &s;u&s;tained; Therefore we command you, that by the Oath of hone&s;t and lawfull men of your Bayli|wick, you diligently enquire what damages, the &s;aid <HI>A. B.</HI> a&s;well by rea&s;on of the premi&s;es, as for his co&s;ts and char|ges by him about that Suit, in that behalf disbur&s;ed And the inqui&s;ition which you &s;hall thereby take, you make manife&s;t before us in the Upper Bench at <HI>We&s;tmin&s;ter,</HI> on, &amp;c. under your Seal, and the Seals of them by the Oath, of whom you take tha<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> inqui&s;ition, together with this Writ: </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Exigent.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED> 
<SALUTE>To the Sheriffes of <HI>London</HI> Gree|ting,</SALUTE></OPENER>
<P>we command you, that you make <HI>A. B.</HI> lately of <HI>C.</HI> in the County of <HI>C.</HI> Gent. to be required from hu&s;t|ing to hu&s;ting, untill according to the Law, and cu&s;tome of <HI>England,</HI> he be out-lawed if he &s;hall not appear; And if he &s;hall appear then, you take and cau&s;e him &s;afely to be kept, &s;o that you may have his Body before us in the Up|per Bench, in the fifth week after <HI>Ea&s;ter,</HI> where&s;oever we &s;hall then be in <HI>England</HI> to an&s;wer <HI>C. D.</HI> in a Plea, that whereas the &s;aid <HI>C. D.</HI> and <HI>A. B.</HI> at <HI>London,</HI> had accoun|ted together of divers &s;ums of money, being before that time due to the &s;aid <HI>C. D.</HI> from the &s;aid <HI>A. B.</HI> and being then behind and unpaid; And upon that account the &s;aid <HI>A. B.</HI> was then and there found in arrerages to the &s;aid <HI>C. D.</HI> in a hundred pounds of lawfull Engli&s;h money, the &s;aid <HI>A. B.</HI> (in con&s;ideration thereof) did a&s;&s;ume and to the &s;aid <HI>C D.</HI> there faithfully promi&s;ed, that he the &s;aid <HI>A. B.</HI> would pay, that men <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> the &s;aid <HI>C. D.</HI> yet t<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> &s;aid<PB N="586" REF="298"><HI>A. B.</HI> hath not yet paid the &s;aid money to the &s;aid <HI>C. D.</HI> although he hath been therunto required to pay the &s;ame, to the damage of the &s;aid <HI>C. D.</HI> one hundred and twenty pounds as he &s;aith, and whereupon you your &s;elves have &s;ent to us, that the &s;aid <HI>A. B.</HI> is not found in your Bayli|wick, and you have here this Writ: </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD><HI>Proclama|tion</HI> &s;ur' Exigent.</HEAD>
<OPENER><SIGNED>THe Keepers of the Liberty, &amp;c.</SIGNED>
<SALUTE>To the Sheriffe of <HI>Cornwell</HI> Greeting.</SALUTE></OPENER>
<P>Whereas by our Writ, we have lately commanded the Sheriffe of <HI>London,</HI> that he &s;hould cau&s;e <HI>A.B.</HI> of <HI>C.</HI> in your County Gent. to be required from hu&s;ting to hu&s;ting, untill he be out-lawed, according to the Law and cu&s;tome of <HI>England,</HI> if he &s;hould not appear, and if he &s;hould appear, then they &s;hould cau&s;e him &s;afe|ly to be kept, &s;o that they &s;hould have his body before us in the fifth week after <HI>Ea&s;ter,</HI> where&s;oever we &s;hould then be in <HI>England,</HI> to an&s;wer <HI>C. D.</HI> in a Plea, that whereas the &s;aid <HI>C. D.</HI> &amp;c. (And &s;o recite as is in the exegent till you are pa&s;t the&s;e words) as he &s;aith, (then write on) we command you according to the &s;tatute made &amp; provided in the one and thirtieth year of the Lady <HI>E<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">izabeth</HI> lately Queen, you cau&s;e to be proclaimed the &s;aid <HI>A. B.</HI> at three &s;everal dayes, according to the form of that &s;tatute, where|of one Proclamation thereof &s;hall be made, at or neer the mo&s;t u&s;uall door of the Church of <HI>C.</HI> in your County, &s;o that he may render him&s;elf to the Sheriffes of <HI>London,</HI> to an&s;wer the &s;aid <HI>C. D.</HI> of the &s;aid Plea. And you have here this Writ: </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>C<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ias ut|legat'.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED>
<SALUTE>To the Sheriffes of <HI>C.</HI> Greeting.</SALUTE></OPENER>
<P>We command you that you do not omit from any liberty within your County, but take <HI>A. B.</HI> of, &amp;c. And him &s;afely keep, &s;o that you have his body before u<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> in the Upper Bench in &amp;c. (Reciting the return) where&s;oever we &s;hall then be in <HI>England,</HI> to &s;tand right in Court before us in the Upper Bench, upon a certain Outlawry again&s;t him the &s;aid <HI>A. B.</HI> at the &s;uit of <HI>C. D.</HI> in a Plea of debt, at the hu|&s;tings of the Common Pleas, holden in <HI>London,</HI> on <HI>Munday,</HI> &amp;c. In the year of our Lord one thou&s;and &s;ix hundred and fifty, in the Court of <HI>London</HI> pronounced. And you have there this Writ. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<PB N="587" REF="298">
<HEAD>Capias ad &s;atisfaci|endum <HI>in a Plea of Debt.</HI></HEAD>
<OPENER><SIGNED>THe Keepers of the Liberty, &amp;c.</SIGNED>
<SALUTE>Greeting.</SALUTE></OPENER>
<P>We com|mand you, that you take <HI>A. B.</HI> if he be found in your Bayliwick; And him &s;afely to keep, &s;o that you have his body before us in the Upper Bench at <HI>We&s;tm.</HI> on <HI>Wedne&s;day</HI> next after the five weeks of <HI>Ea&s;ter,</HI> to &s;atisfie <HI>C. D.</HI> of 100 li. of Debt; and al&s;o 21 s. for his dammages, which he &s;u|&s;tained as well by occa&s;ion of detaining of that Debt, as for his Co&s;ts and charges by him about his Suit in that be|half disbur&s;ed, whereof he is convicted, as it doth appear to Us upon Record. And then you have here this Writ. Witnes <HI>H. Roll</HI> at <HI>We&s;tm.</HI> the 17th day of <HI>April</HI> in the yeer of our Lord, 1651.</P>
<CLOSER><SIGNED>Wightwicke.</SIGNED></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Te&s;tat. Inde.</HEAD>
<OPENER><SIGNED>THe Keepers of the Liberty, &amp;c.</SIGNED>
<SALUTE>to the Sheriffe of <HI>H.</HI> Greeting.</SALUTE></OPENER>
<P>Whereas we have lately commanded the Sheriffs of <HI>London,</HI> that they &s;hould take <HI>A. B.</HI> if he might be found in their Bayliwick; And him &s;afely keep, &s;o that they &s;hould have his body before Us in the Upper Bench at <HI>We&s;tmin&s;ter,</HI> at a certain day now pa&s;t, to &s;atisfie <HI>C. D.</HI> of a hundred pounds of Debt; and al&s;o one &amp; twenty &s;hil|lings for his damages which he &s;u&s;tained, as well by occa|&s;ion of detaining of that Debt, as for his Co&s;ts and charges by him about his Suit in that behalf disbur&s;ed: whereof he is convicted, as it doth appear to us upon Record. And the &s;aid Sheriffs of <HI>London</HI> at that day returned to Us, that the &s;aid <HI>A B.</HI> is not found in their Bayliwick. Wherupon on the behalf of the &s;aid <HI>C. D.</HI> in the Court before Us is &s;ufficiently te&s;tified, that the &s;aid <HI>A. B.</HI> doth lurk, and &s;culk in your County; therefore we command you, that you take him if he be found in your Bayliwick, and him &s;afely keep, &s;o that you may have his body before Us in the Upper Bench at <HI>We&s;tmin&s;ter,</HI> on <HI>Wedne&s;day</HI> next after the three weeks of <HI>Ea&s;ter,</HI> to &s;atisfie the &s;aid <HI>C. D.</HI> of the Debt and damages afore&s;aid. And then you have here this Writ. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Capias ad &s;atisfaci|endum <HI>af|ter judge|ment affir|med in a Writ of Er|ror, and for damages for the Plaintiffe, being the Defendant did thereby delay Exe|cution.</HI></HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED></OPENER>
<P>(as above in the <HI>Capias ad &s;atisfaciend:</HI> till the&s;e words) to &s;atisfie <HI>C. D.</HI> of a hundred pounds of Debt, &amp; al&s;o 40 s. which were adjudged to the &s;aid <HI>C.D.</HI> in the Court of the <HI>Common Pleas</HI> at <HI>We&s;tmin&s;ter,</HI> before <HI>Oliver St. John,</HI> and the other Ju&s;tices his A&s;&s;ociates, for<PB N="588" REF="299">his damages which he had by rea&s;on of detaining of that Debt, whereof he is convicted, as by the in&s;pection of the Record, and Proce&s;&s;e thereupon, which we lately for cer|tain cau&s;es have cau&s;ed to come in the Court before Us in the Upper Bench at <HI>We&s;tmin&s;ter;</HI> And which in the &s;ame Court now remaining, doth appear to us upon Record; And al&s;o five pounds which in the &s;ame Court before us in the Upper Bench at <HI>We&s;tmin&s;ter,</HI> according to the form of the Statute, in &s;uch ca&s;e thereupon lately made, and pro|vided, were adjudged to the &s;aid <HI>C. D</HI> for his damages, co&s;ts, and expences, which he had by rea&s;on of the delay of execution of the Judgment afore&s;aid, by rea&s;on of pro|&s;ecut<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> of a certain Writ of Error, by him the &s;aid <HI>A. B.</HI> in the &s;ame Court, before us in the Upper Bench at <HI>We&s;t|min&s;ter,</HI> pro&s;ecuted in, and upon the Premi&s;es, as it doth al&s;o appear to us upon Record; And you have there this Writ. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Capias ad &s;atisfaci|endum <HI>a|gain&s;t Ma|nucaptors in a Plea of Debt.</HI></HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED> 
<SALUTE>Greeting.</SALUTE></OPENER>
<P>We command you that you take <HI>A. B.</HI> and <HI>C. D.</HI> (writing the addition as it is in the Bail peice) Manucaptors of <HI>E: F:</HI> of, &amp;c. (as above in the fir&s;t <HI>Capias ad &s;atisfaciendum,</HI> untill the&s;e words) to &s;atisfie <HI>G: H:</HI> of 30 li. of Debt, and 20 s. for his damages, &amp;c. (as above in the fir&s;t <HI>Capias,</HI> &amp;c. untill the&s;e words) di&s;|bur&s;ed, whereof the &s;aid <HI>G: H:</HI> is convicted, as it doth ap|pear to us upon Record; And whereof in the &s;ame Court before Us in the Upper Bench at <HI>We&s;tm.</HI> it is con&s;idered, that the &s;aid <HI>G: H: &s;hall</HI> have his Execution again&s;t the &s;aid <HI>A: B:</HI> and <HI>C: D:</HI> of the Debt, and damages afore&s;aid, according to the force, form, and effect of the Recogni|&s;ance by them the &s;aid <HI>A: B:</HI> and <HI>C: D:</HI> to the &s;aid <HI>G: H:</HI> for the &s;aid <HI>E: F:</HI> in the Court before Us in the Upper Bench at <HI>We&s;tm.</HI> acknowledged. And then you have here this Writ. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>The &s;ame again&s;t the Plaintiffe for not pro|&s;ecuting his Action.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED></OPENER>
<P>(as above in the fir&s;t <HI>Capias ad &s;ati&s;|faciendum,</HI> untill the&s;e words) to &s;atisfie <HI>C: D:</HI> of &s;ix pounds, which in the Court before Us in the Upper Bench at <HI>We&s;tm.</HI> were adjudged to the &s;aid <HI>C: D:</HI> according to the form of a Statute in &s;uch ca&s;e lately made, and provided, for his co&s;ts and charges by him about his defence in a certain Action of Tre&s;pas, at the Suit of the &s;aid <HI>A: B:</HI> in<PB N="589" REF="299">the &s;ame Court before Us in the Upper Bench at <HI>We&s;tm.</HI> &s;u&s;tained; whereof the &s;aid <HI>A: B:</HI> is convicted, as it doth appear to us upon Record. And then you have here this Writ. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>The &s;ame for dama|ges in breaking Covenant</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED> 
<SALUTE>Greeting, &amp;c.</SALUTE></OPENER>
<P>(as above in the for|mer directions) to &s;atisfie <HI>C: D:</HI> of 7 li. for his dama|ges which he &s;u&s;tained by rea&s;on of certain Covenants made to the &s;aid <HI>C: D:</HI> by the &s;aid <HI>A: B:</HI> lately broken, as al&s;o for his Co&s;ts and charges, &amp;c. (as the fir&s;t <HI>Capias ad &s;atisfac'</HI> to the end.)</P>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>If for tre&s;+pa&s;&s;e, thus.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED></OPENER>
<P>(as before untill the&s;e words) to &s;a|tisfie <HI>C: D:</HI> 7 li. for his damages which he &s;u&s;tained as well by rea&s;on of a certain Tre&s;pas done to the &s;aid <HI>C. D:</HI> by the &s;aid <HI>A: B:</HI> as for his Co&s;ts, &amp;c. (according to the directions in the former.)</P>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>If for tre&s;|pas upon the Ca&s;e, thus.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED></OPENER>
<P>(as above untill the&s;e words) to &s;a|tisfie <HI>C: D:</HI> of 10 li. for his damages which he &s;u&s;tain|ed, as well by rea&s;on of a certain Tre&s;pas upon the Ca&s;e lately done to the &s;aid <HI>C: D:</HI> by the &s;aid <HI>A: B:</HI> as for his Co&s;ts, &amp;c. (as in the former directions next before.)</P>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>If for per|formance o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> promi&s;e. thus.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED></OPENER>
<P>to &s;atisfie <HI>C: D:</HI> of 10 li. for his da|mages which he &s;u&s;tained as well by rea&s;on of not performing of certain promi&s;es and a&s;&s;umptions lately made to the &s;aid <HI>C: D:</HI> by the &s;aid <HI>A: B.</HI> as for his co&s;ts, &amp;c. (as above.)</P>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>The &s;ame for co&s;ts for the Defen|dant upon a Verdict at the A&s;&s;izes again&s;t the Plaintiffe.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED></OPENER>
<P>(as above untill the&s;e words) to &s;a|tisfie <HI>C: D:</HI> of 40 s. for his co&s;ts and charges by him disbur&s;ed, about his defence in a certain Plea of Tre&s;pas upon the Ca&s;e, at the Suit of the &s;aid <HI>A: B:</HI> pro&s;ecuted in the Court before us in the Upper Bench at <HI>We&s;tm.</HI> And then you have here this Writ. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Fieri facias in a Plea of Debt.</HEAD>
<OPENER><SIGNED>THe Keepers of the Liberty, &amp;c.</SIGNED>
<SALUTE>To the Sheriffe of <HI>Leice&s;ter&s;hire,</HI> Greeting.</SALUTE></OPENER>
<P>We command you, that you cau&s;e to be made of the goods and Chattels of the &s;aid <HI>A. B.</HI> in your Bayliwick, as well a certain debt of fourty pounds, which <HI>C. D.</HI> lately in the Court before us at the<PB N="590" REF="300">Upper Bench at <HI>We&s;tmin&s;ter,</HI> recovered again&s;t the &s;aid <HI>A.</HI> B. as al&s;o one and twenty Shillings, which to the &s;aid <HI>C: D.</HI> in the &s;ame Court, were adjudged for his damages which he &s;u&s;tained, a&s;well by occa&s;ion of detaining of that debt, as for his co&s;ts and charges by him about his Suit, in that behalf disbur&s;ed, whereof the &s;aid <HI>A. B.</HI> is convicted, as it doth appear to us upon Record. (when the Judgment is renued by a <HI>Scir' fac';</HI> then this &s;entence is to be in the ex|ecution) wherof in the &s;ame Court before us in the Upper Bench at <HI>We&s;tmin&s;ter</HI> it is con&s;idered, that the &s;aid <HI>C. D.</HI> may have his execution again&s;t the &s;aid <HI>A: B:</HI> according to the force, form, and effect of the recovery afore&s;aid) And you have that monies before us in the Upper Bench at <HI>We&s;tmin&s;ter,</HI> on <HI>Friday</HI> next after the morrow of the ho|ly Trinity, to re&s;tore to the &s;aid <HI>C. D.</HI> for his debt and da|mages afore&s;aid, and then you have here this Writ.</P>
<CLOSER><DATELINE>Wit|nes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD><HI>A</HI> Te&s;ta|tum <HI>there|upon.</HI></HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED> 
<SALUTE>To the Sheriffe of <HI>Middl:</HI> Greeting.</SALUTE></OPENER>
<P>Whereas we have lately commanded the Sheriffe of <HI>London,</HI> that they &s;hould cau&s;e to be made of the goods and Chattels of <HI>A. B.</HI> in their Bayliwick, a&s;well a certain debt of one hundred pounds, (which <HI>C. D.</HI> in the Court before us in the Upper Bench at <HI>We&s;tmin&s;ter,</HI> lately recovered a|gain&s;t the &s;aid <HI>A. B.</HI> as al&s;o one and twenty &s;hillings, which to the &s;aid <HI>C. D.</HI> in the &s;ame Court, were adjudged for his damages which he &s;u&s;tained, a&s;well by occa&s;ion of detai|ning of that debt, as for his co&s;ts and charges by him, a|bout his Suit in that behalf disbur&s;ed, whereof the &s;aid <HI>A. B.</HI> is convicted, as it doth appear to us of Record. And that they &s;hould have tho&s;e monies, before us in the Up|per Bench at <HI>We&s;tmin&s;ter,</HI> at a certain day now pa&s;t, to re|&s;tore to the &s;aid <HI>C. D.</HI> for the debt and damages afore&s;aid. And the &s;aid Sheriffes of <HI>London</HI> at the day, have returned to us, that the &s;aid <HI>A: B.</HI> hath nothing in their Bayliwick whereby they might cau&s;e to be made the debt and damages, or any parcell thereof, whereupon, on the be|half of the &s;aid <HI>C. D.</HI> in the Court before us it is &s;ufficient|ly te&s;tified, that the &s;aid <HI>A: B.</HI> hath goods and Chattels &s;ufficient in your Bayliwick, whereof you may make or cau&s;e to be made, the debt and damages afore&s;aid; Therefore we command you, that you cau&s;e to be made of<PB N="591" REF="300">the goods and Chattels of the &s;aid <HI>A. B.</HI> in your Bayli|wick, the &s;aid hundred pounds of debt, &amp; the &s;aid one and 20 s. for damages afore&s;aid. And you have there tho&s;e monies before us in the Upper Bench at <HI>We&s;tmin&s;ter</HI> on <HI>Thur&s;day,</HI> next after the eight dayes of the holy Trinity, to render to the &s;aid <HI>C. D.</HI> for the debt and damages a|fore&s;aid, and you have here this Writ. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD><HI>A</HI> Deva|&s;tavit <HI>re|turned, and thereupon a</HI> Fier' Fac' <HI>of the pro|per goods of the Execu|tor.</HI></HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED> 
<SALUTE>Greeting.</SALUTE></OPENER>
<P> Whereas by our Writ we have lately commanded you, that you cau&s;e to be leavied of the goods and Chattels which were of <HI>A. B.</HI> o|therwi&s;e called &amp;c. (naming the addition) in your Bayli|wick, in the hands and cu&s;tody of <HI>C. D.</HI> Executrix, of the la&s;t will and Te&s;tament of the &s;aid <HI>A. B.</HI> one hundred pound of debt, and al&s;o 5 l. which were adjudged to <HI>E. F.</HI> in the Court before us in the Upper Bench at <HI>We&s;tm.</HI> for his damages which he &s;u&s;tained, as well by occa&s;ion of de|taining of that Debt, as for his co&s;ts and charges by him about his Suit in that behalf disbur&s;ed, if &s;o much &s;he &s;hould have them in her hands. And if &s;o much &s;he &s;hould not have them in her hands, then you &s;hould cau&s;e to be leavied the &s;aid five pounds for the damage afore&s;aid, of the proper goods and chattels of her the &s;aid <HI>C:D:</HI> And you &s;hould have tho&s;e moneys before us in the Upper Bench at <HI>We&s;tmin&s;ter</HI> at a certain day now pa&s;t, to render to the &s;aid <HI>E: F:</HI> for his Debt, and Damages afore|&s;aid; whereof the &s;aid <HI>C: D:</HI> is convicted, as it doth appear to us upon Record. And you at that day returned to us, that the &s;aid <HI>C: D:</HI> had no goods or chattels which were of the &s;aid <HI>A: B:</HI> whereby you might cau&s;e to be made the Debt, and Damages afore&s;aid, or any parcell thereof. And moreover, that by vertue of the &s;aid Writ, you cau|&s;ed to be made of the proper goods and chattels of the &s;aid <HI>C: D:</HI> the &s;aid five pounds for damages afore&s;aid. And that you had the moneys prepared before us in the Upper Bench at <HI>We&s;tmin&s;ter,</HI> as it was commanded to you by our Writ. And that the &s;aid <HI>C: D:</HI> hath wa&s;ted the goods and chattels which were of the &s;aid <HI>A:B:</HI> to the value of thirty pounds, parcell of the &s;aid Debt of one hundred pounds. Therefore we command you that you cau&s;e to be made in your Bayliwick the &s;aid 30 li. parcel of the Debt of 100 li. of the proper goods and chattels of the &s;aid <HI>C:D:</HI> And then you have here this Writ. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<PB N="592" REF="301">
<HEAD>Elegit.</HEAD>
<OPENER><SIGNED>THe Keepers, &amp;c.</SIGNED>
<SALUTE>to the Sheriffe of <HI>L:</HI> Greeting.</SALUTE></OPENER>
<P>Wher|as <HI>A: B:</HI> in the Court before us in the Vpper Bench at <HI>We&s;tm.</HI> lately recovered again&s;t <HI>C:D:</HI> an hundred pounds of Debt, and al&s;o one and twenty &s;hillings for his damages, which he &s;u&s;tained, as well by occa&s;ion of detaining of that Debt, as al&s;o for his co&s;ts and charges by him about his Suit in that behalf di<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">bur&s;ed; whereof the &s;aid <HI>C: D:</HI> is convicted, as it doth appear to us upon Record. And be|cau&s;e the &s;aid <HI>A. B.</HI> doth come in the Court before us in the Vpper Bench at <HI>We&s;tm.</HI> and electeth to be delivered to him all the goods and chattels of the &s;aid <HI>C: D:</HI> in your Bayliwick, be&s;ides his Oxen and bea&s;ts of his Plow, and al&s;o the half of all the Lands, and Tenements which were of the &s;aid <HI>C: D:</HI> the 14th day of <HI>June,</HI> in the yeer of our Lord one thou&s;and &s;ix hundred and fifty; which day the Judgment afore&s;aid was given again&s;t the &s;aid <HI>C: D:</HI> in the form afore&s;aid, to have the goods and chattels afore&s;aid, as the proper goods and chattels of him the &s;aid <HI>A: B:</HI> and to have, and hold the half of the Lands, and Tenement afore|&s;aid to him, and his A&s;&s;ignes as his Free-hold, untill he hath thereby fully leavied the Debt, and damages afore|&s;aid. Therefore we command you, that without delay you cau&s;e to be delivered all the goods, and chattels of the &s;aid <HI>C: D:</HI> in your Bayliwick; except the Oxen, and bea&s;ts of his Plow and al&s;o the half of all the Lands and Tenements which were of the &s;aid <HI>C: D:</HI> the &s;aid 14th day of <HI>June,</HI> in the yeer of our Lord, one thou&s;and &s;ix hundred and fifty afore&s;aid, to the &s;aid <HI>A: B:</HI> by a rea&s;onable price, and ex|tent, to ha<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e the goods, and chattels afore&s;aid, as his pro|per goods, and chattels; and to have, and hold the half of the Lands, and Tenements afore&s;aid to him, and his A&s;|&s;ignes as his Free-hold, untill he hath thereby fully levied the Debt, and Damages afore&s;aid. And in like manner this Precept &s;hall be executed, you make it appear before us in the Vpper Bench at <HI>We&s;tmin&s;ter,</HI> on <HI>Thur&s;day</HI> next after the fifteen dayes of <HI>Ea&s;ter</HI> under your Seal, and the Seals of them by the Oath of whom you took that Extent, and Appri&s;ement, together with this Writ. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Habere fac' po&s;&s;.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED> 
<SALUTE>Greeting.</SALUTE></OPENER>
<P>Wheras <HI>A. B:</HI> lately (that is to &s;ay) in the Tearm of Saint <HI>Hillary,</HI> in the year of our Lord one thou&s;and &s;ix hundred and fifty, before us in<PB N="593" REF="301">the Upper Bench at <HI>We&s;tmin&s;ter,</HI> hath recovered again&s;t <HI>C. D.</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> &s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">arm then, &amp; yet to come, of, and in one me&s;&s;uage with the appurtenances in <HI>E.</HI> in your County, which <HI>F:G.</HI> d<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">adm&s;e to him to a <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">arm, which is not yet pa&s;t (that <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span">) from the Fea&s;t of the <HI>Annunciation</HI> of the ble&s;&s;ed Virgin <HI>Mary,</HI> in the year of our Lord, one thou&s;and &s;ix hundred and fifty, untill the end and tearm of three years from thence next following to be fully compleat and en|ded, by vertue of which demi&s;e, the &s;aid <HI>A. B.</HI> entered into the tenements afore&s;aid with the appurtenances. And was thereof po&s;&s;e&s;&s;ed, untill the &s;aid <HI>C. D.</HI> did afterwards eject him the &s;aid <HI>A. B.</HI> from his Farm; Therefore we command you, that without delay, you cau&s;e the &s;aid <HI>A. B.</HI> to have his po&s;&s;e&s;&s;ion of his Tearm afore&s;aid, yet to come of, and in the Tenements afore&s;aid with the appur|tenances. And in like manner this precept &s;hall be exe|cuted, you make it appear before us in the Upper Bench at <HI>We&s;tmin&s;ter,</HI> on <HI>Saturday</HI> next after the morrow of the A&s;&s;ention of our Lord, together with this Writ. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD><HI>A</HI> Scire Facias <HI>in debt.</HI></HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED> 
<SALUTE>to the Sheriffe of <HI>N.</HI> Greeting.</SALUTE></OPENER>
<P>Wher|as <HI>A. B.</HI> in the Court before us in the Vpper Bench at <HI>We&s;tmin&s;ter,</HI> recovered again&s;t <HI>C: D:</HI> two hundred pounds of debt, and al&s;o thirty &s;hillings for his damages which he &s;u&s;tained, as well by occa&s;ion of detaining of that debt, as for his co&s;ts and charges by him about his Suit, in that be|half disbur&s;ed, whereof he is convicted, as it doth appear to us upon Record; And now on the behalf of the &s;aid <HI>A. B.</HI> in the Court before us in the Vpper Bench at <HI>We&s;tmin|&s;ter,</HI> we conceive that although the Judgment be thereby given, yet the Execution of the &s;aid Debt and damages doth yet remain to be made, whereupon the &s;aid <HI>A. B.</HI> hath made &s;upplication to us, accordingly in that behalf, to provide remedy for him. And we being willing in that behalf, to do that which is ju&s;t, we command you, that by hone&s;t and lawfull men of your Bayliwick, you make known to the &s;aid <HI>C. D.</HI> that he may be before us, in the Vpper Bench at <HI>We&s;tmin&s;ter</HI> on <HI>Wedne&s;day</HI> next, after the fifteen dayes of the holy Trinity, to &s;hew if he hath, or knoweth any thing to &s;ay for him&s;elf, wherefore the &s;aid <HI>A. B.</HI> ought not to have his Execution again&s;t him, of the<PB N="594" REF="302">debt and damages afore&s;aid, according to the force, form, and effect of the recovery afore&s;aid, if he think expedient. And further, to do and receive that which the Court be|fore us in the Vpper Bench at <HI>We&s;tmin&s;ter,</HI> &s;hall con&s;ider of in that behalf; And then you have here this Writ. </P>
<CLOSER><DATELINE>Witnes, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>The &s;ame again&s;t Manucap|tors.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED> 
<SALUTE>To the Sheriffe of <HI>Middle&s;ex</HI> Gree|ting.</SALUTE></OPENER>
<P>Whereas <HI>A: B:</HI> lately in the Court before us, in the Vpper Bench at <HI>We&s;tmin&s;ter,</HI> recovered again&s;t <HI>C: H:</HI> one hundred pound of debt, &amp;c. (as above untill the&s;e words) doth yet remain to be made of the goods &amp; Chat|tels afore&s;aid. And whereas <HI>E. F:</HI> lately of, &amp;c. And <HI>G. G.</HI> (naming the addition) formerly (that is to &s;ay, in <HI>Mi|chalmas</HI> Tearm la&s;t pa&s;t, in the &s;ame Court, before us in the Vpper Bench at <HI>We&s;tmin&s;ter,</HI> per&s;onally came, and did become Pledges and Manucaptors, and both of them, by them&s;elves became Plegde and Manucaptor, for the &s;aid <HI>C:D:</HI> that if it &s;hould happen the &s;aid <HI>C.D.</HI> to be convinced in the Plea afore&s;aid, that then the &s;aid <HI>E: F:</HI> and <HI>G: H:</HI> granted, and either of them for him&s;elf, did grant the debt afore&s;aid, and al&s;o all &s;uch damage, co&s;t, and charges which &s;hould be adjudged to the &s;aid <HI>A. B.</HI> in that behalf, of their, and either of their Lands &amp; Chattels to be made, and to the u&s;e of the &s;aid <HI>A. B.</HI> to be leavied, if it &s;hould hap|pen the &s;aid <HI>C D.</HI> not to pay the &s;aid debt, damages, co&s;ts, and charges to the &s;aid <HI>A. B.</HI> or not to render him&s;elf to the Pri&s;on of the Mar&s;hall of our Mar&s;hal&s;ey, of the Vpper Bench at <HI>We&s;tmin&s;ter</HI> upon that occa&s;ion, yet the &s;aid <HI>C. D.</HI> hath not hitherto paid the &s;aid debt and damages to the &s;aid <HI>A. B.</HI> neither hath upon that occa&s;ion rendered him|&s;elf to the Pri&s;on of the Mar&s;hall of our Mar&s;hal&s;ey of the Vpper Bench, before that time, as by the in&s;inuation of the &s;aid <HI>A. B.</HI> in the Court before us in the Vpper Bench at <HI>We&s;tmin&s;ter,</HI> we have accepted, whereupon the &s;aid <HI>A. B.</HI> hath &s;upplicated us accordingly, to provide remedy for him in that behalf, (as above till after the return of the former Writ to the&s;e words) to &s;hew if he hath or know|eth any thing to &s;ay for him&s;elf, wherefore the &s;aid <HI>A. B.</HI> ought not to have his execution again&s;t him, of the debt and damages afore&s;aid, according to the force, form, and effect of the recognizance afore&s;aid, if he think good &s;o to do, &amp;c. (as above untill the end.)</P>
</DIV3>
<DIV3 TYPE="writ">
<PB N="595" REF="302">
<HEAD>A Scire Facias a|gain&s;t an Executor in Debt.</HEAD>
<OPENER><SIGNED>THE Keepers, <HI>&amp;c.</HI></SIGNED></OPENER>
<P>(as above in the fir&s;t <HI>Scire facias</HI> untill the&s;e words) doth yet remain to be made of the Goods and Chattels afore&s;aid, and that the &s;aid <HI>C.D.</HI> after Judgement afore&s;aid, in form afore&s;aid rendred, is dead, and that one <HI>E.F.</HI> is Executor of the la&s;t Will and Te|&s;tament of the &s;aid <HI>C.D.</HI> whereupon the &s;aid <HI>A.B.</HI> hath &s;up|plicated us accordingly, to provide remedy in that behalf, (as above till after the Return of the fir&s;t Writ) to &s;hew if he hath or knoweth any thing to &s;ay for him&s;elf, where|fore the Debt and dammages afore&s;aid, of the Goods and Chattels which were of the &s;aid <HI>C. D.</HI> at the time of his death, being in the hands and cu&s;tody of the &s;aid E.F. to be admini&s;tred, ought not to be made, and to the u&s;e of the &s;aid A.B. levied, according to the force, form, and effect as above in the fir&s;t, &amp;c.</P>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>The &s;ame for an Admini|&s;tratrix in Debt.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED></OPENER>
<P>(as in the fir&s;t <HI>Scire facias,</HI> untill the&s;e words) as it doth appear to us upon Record, and now in the Court before us, in the upper Bench at <HI>We&s;tmin&s;ter</HI> comes <HI>E.F.</HI> VViddow, the relict of the &s;aid <HI>A. B.</HI> and &s;aith, that after Judgement afore&s;aid, in form afore|&s;aid rendered (that is to &s;ay) on, &amp;c. in the year, &amp;c. (naming the time) the &s;aid A. B. at A. in your County died inte&s;tate, after who&s;e death, (that is to &s;ay) on, &amp;c. in the year, &amp;c. (naming the time at A. afore&s;aid, the. Admini&s;tration of all the Goods and Chattells, Rights, and Credits, which were of the &s;aid A.B. at the time of his death, by, &amp;c. (to whom the Commi&s;&s;ion of the Admini&s;tration of Right did pertain) was committed to the &s;aid <HI>E.F.</HI> and now on the behalf of the &s;aid E. F. in the &s;ame Court before us in the upper Bench at <HI>We&s;t|min&s;ter,</HI> we have accepted, that although, &amp;c. (as above in the fir&s;t VVrit of this &s;ort.)</P>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>Rotam. habend.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED>
<SALUTE>to the Sheriffe of Middle&s;ex, greet|ing,</SALUTE></OPENER>
<P>whereas A.B. was lately &s;ummoned to be before us in the upper Bench at <HI>We&s;tmin&s;ter,</HI> to an&s;wer C.D. in a Plea of taking and uniu&s;tly detaining of the Goods and Chattells of the &s;aid C.D. and the &s;aid A.B. appearing<PB N="596" REF="303">in the Court before us in the upper Bench at <HI>We&s;tmin&s;ter,</HI> the &s;aid C. D. made default, for which it was con&s;idered of in the &s;aid Court, that the &s;aid A. B. &s;hould have Return of his goods, and chattells afore&s;aid, therefore we command you that without delay, you cau&s;e to be returned to the &s;aid A. B. the goods and chat|tells afore&s;aid, and not deliver them at the complaint of the &s;aid C.D. without our Writ afore&s;aid, making ex|pre&s;&s;e mention of the &s;aid Judgement, and as this Pre|cept &s;hall be executed, you certifie to us in the upper Bench, in eight dayes of the Purification of the ble&s;&s;ed Virgin <HI>Mary,</HI> where&s;oever we &s;hall then be in <HI>England,</HI> together with this VVrit,</P>
<CLOSER><DATELINE>witnes, <HI>&amp;c.</HI></DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD><HI>Capias in</HI> Wither|nam.</HEAD>
<OPENER><SIGNED>THe Keepers, <HI>&amp;c.</HI></SIGNED> 
<SALUTE>to the Sherif of M. greeting,</SALUTE></OPENER>
<P>whereas A.B. in the Court before us in the upper Bench at <HI>We&s;t|min&s;ter,</HI> was &s;ummoned to be before us in the uper Bench at <HI>We&s;tmin&s;ter,</HI> to an&s;wer C. D. in a Plea, wherefore he took the goods and chattells of him the &s;aid C.D. and detained them uniu&s;tly again&s;t Sureties and Pledges, as it is &s;aid, and the &s;aid A. B. appearing in the &s;ame Court before us in the upper Bench at <HI>We&s;tmin&s;ter,</HI> the &s;aid C. D. there made default, for which in the &s;ame Court it was con&s;idered by the &s;ame Court, that the &s;aid A.B. &s;hould have return of the goods and chattels afore&s;aid, whereup|on we commanded you by our VVrit, that without delay you cau&s;e to be returned the goods and chattells afore&s;aid, to the &s;aid A.B. and not deliver them at the complaint of the &s;aid C.D. without our Writ that &s;hall make expre&s;s mention of the &s;aid Judgement, and in &s;uch manner, as that Precept &s;hould be executed, you &s;hould certifie to us in the upper Bench at <HI>We&s;tmin&s;ter,</HI> in the eight dayes of the Purification of the ble&s;&s;ed Virgin <HI>Mary</HI> la&s;t pa&s;t, and you at that day did return to us, that before the coming to you of that Writ, the goods and chattels afore&s;aid, were convayed away to places to you altogether unknown, &s;o that you would not cau&s;e tho&s;e goods and chattels to be returned to the &s;aid A. B. therefore we command you, that you take of the goods and chattells of the &s;aid C.D. to the value of the goods and chattels afore&s;aid formerly taken, and you cau&s;e them to be delivered to the<PB N="597" REF="303">&s;aid A. B. to be detained untill you may cau&s;e the goods and chattells formerly taken to be re&s;tored to the &s;aid A.B. and you put the &s;aid C.D. by Sureties and &s;afe pledges, that he be before us in the moneth of <HI>Ea&s;ter,</HI> wher|&s;oever we then &s;hall be in <HI>England,</HI> to an&s;wer as well as of the contempt, and as al&s;o the &s;aid A.B. of his dammages, and iniuries in that behalf illated, and that you have there this Writ,</P>
<CLOSER><DATELINE>witne&s;&s;e, <HI>&amp;c.</HI></DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>A Scire facias for an Executor to renew a Judge|ment af|ter a year and a day</HEAD>
<OPENER><SIGNED>THe Keepers, <HI>&amp;c.</HI></SIGNED> 
<SALUTE>greeting,</SALUTE></OPENER>
<P> whereas A.B. Executor of the la&s;t Will and Te&s;tament of C. D. lately decea|&s;ed, lately in the Court before us in the upper Bench at <HI>We&s;tmin&s;ter</HI> by Bill without our Writ, and by the iudge|ment of the &s;ame Court, recovered again&s;t E.F. thirteen pounds of Debt, and al&s;o one and twenty &s;hillings for his damages which he &s;u&s;tained, as well by occa&s;ion of deten|tion of that Debt, as for his co&s;ts and charges by him about his &s;uit in that behalf disbur&s;ed, whereof he is convicted, as it doth appear to us of Record, and that the &s;aid C. D. after Judgement afore&s;aid, in Form afore&s;aid, rend|red at <HI>London,</HI> made his la&s;t VVill and Te&s;tament, and thereby did appoint and ordain the &s;aid A.B. his Execu|tor, and afterwards there died, and now on the behalf of the &s;aid A. B. in the Court, before us in the upper Bench at <HI>We&s;tmin&s;ter</HI> have accepted, that although the Judgement be thereof rendred, yet the Execution of the Debt and dammages afore&s;aid, doth yet remain to be made, whereupon the &s;aid A.B. hath &s;upplicated us accor|dingly to provide remedy for him in that behalf and we being willing in that behalf, to do that which is iu&s;t, we command you, that by hone&s;t and lawfull men of your Bailywick, you make known to the &s;aid E.F. that he be before us in the upper Bench at <HI>We&s;tmin&s;ter</HI> on <HI>Fryday</HI> next, after, <HI>&amp;c.</HI> to &s;hew if he hath or knoweth any thing to &s;ay for him&s;elf, wherefore the &s;aid A. B. ought not to have the Execution of the Debt and Dammages afore|&s;aid, according to the force, form, and effect of the reco|very afore&s;aid, if he think good to try, and further to do and receive that which the &s;ame Court before us, in the upper Bench at <HI>We&s;tmin&s;ter</HI> &s;hall con&s;ider of in that be|half, and then you have here the names of them by<PB N="598" REF="304">whom you made known to him, and this Writ;</P>
<CLOSER><DATELINE>wit|ne&s;&s;e, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>The &s;ame in an A|ction of Eiectment the Plain|tiffe (a woman) after Judge|ment being mar|ried.</HEAD>
<OPENER><SIGNED>THe Keeper, &amp;c.</SIGNED> 
<SALUTE>Greeting,</SALUTE></OPENER>
<P>whereas A.B. lately be|fore us in the upper Bench at <HI>We&s;tmin&s;ter,</HI> recovered a|gain&s;t C.D. her Term, then and yet to come, of and in one Me&s;&s;uage, with the Appurtenances in E. in the Pa|ri&s;h of F. in your County, (that is to &s;ay) from the la&s;t day of <HI>March,</HI> in the year of our Lord, one thou&s;and &s;ix hundred and fifty, untill the end and Term of five years, to be fully compleat and ended, and afterwards the &s;aid A.B. at E. afore&s;aid, took to her Husband one C.G. and now on the behalf of the &s;aid G. H. and A. B. in the Court before us, in the upper Bench at <HI>We&s;tmin&s;ter,</HI> as we have accepted, that although the Judgement a|fore&s;aid be rendred, yet the Execution of that Judge|ment doth yet remain to be made, whereupon the &s;aid G. H. and A.B. have &s;upplicated us accordingly to provide remedy for them, in that behalf, and we being willing in that behalf, to do that which is lu&s;t, we command you, that by hone&s;t and lawfull men of your Bailiwick, you make known to the &s;aid C.D. that he be before us in the upper Bench at <HI>We&s;tmin&s;ter,</HI> on <HI>&amp;c.</HI> (reciting the Return) to &s;hew if that he hath or knoweth any thing to &s;ay for him&s;elf, wherefore the &s;aid G.H. and A.B. his Wife ought not to have Execution of the Iudgement afore&s;aid, if he think good to try, and further to do and receive that which the Court &s;hall con&s;ider of in that behalf, and then you have here the names of them by whom you made known to him, and this Writ,</P>
<CLOSER><DATELINE>witne&s;&s;e, &amp;c.</DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>The &s;ame for an Admini|&s;trator in Debt.</HEAD>
<OPENER><SIGNED>The Keepers, &amp;c.</SIGNED>
<SALUTE>Greeting,</SALUTE></OPENER>
<P>whereas A. B. lately in the Court before us in the upper Bench at <HI>We&s;tmin&s;ter,</HI> re|covered again&s;t C.D. twenty pounds Debt, and al&s;o one and twenty &s;hillings for his dammages, which he &s;u&s;tain|ed, as well by occa&s;ion of detention of that Debt, as al&s;o for his co&s;ts and charges by him about his &s;uit in that be|half disbur&s;ed, whereof he is convicted, as it doth aprear to us upon Record, and afterwards the &s;aid A.B. at <HI>Lon|don</HI> afore&s;aid, died inte&s;tate, as it is &s;aid, and the Admi|&s;tration<PB N="599" REF="304">of all and every the Goods and Chattels, Rights and credits, which were of the &s;aid A.B. at the time of his death, at <HI>London,</HI> were committed to one E.F. as by the in&s;inuation of the &s;aid E.F. in the Court before us in the upper Bench at <HI>We&s;tmin&s;ter</HI> we have accepted, yet the Ex|ecution of the Debt and dammages afore&s;aid, doth yet remain to be made, whereupon the &s;aid E. F. hath &s;up|plicated us accordingly to provide remedy for him in that behalf, and we being willing to do that which is iu&s;t in that behalf, we command you, that by hone&s;t and lawfull men of your Bailiwick, you make known to the &s;aid C.D. that he be before us in the upper Bench at <HI>We&s;tmin&s;ter,</HI> on, <HI>&amp;c.</HI> (reciting the Return) to &s;hew, if he, <HI>&amp;c.</HI> (as above in the former Writ, untill the end.)</P>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>The &s;ame again&s;t an Executor of a She|riff, where the She|riff retur|ned that he had cau&s;ed the Goods of the De|fendant to be levi|ed, but hath not paid the Money coming thereof.</HEAD>
<OPENER><SIGNED>THe Keepers <HI>&amp;c.</HI></SIGNED> 
<SALUTE>to the Sheriffe of <HI>Middle&s;ex</HI> greet|ing,</SALUTE></OPENER>
<P>whereas <HI>A.B.</HI> lately in the Court before us in the upper Bench at <HI>We&s;tmin&s;ter,</HI> recovered again&s;t <HI>C.D.</HI> one hundred pounds of Debt, and al&s;o five pounds for his dammages which he &s;u&s;tained, as well by occa&s;ion of de|taining of that Debt, as for his Co&s;ts and Charges by him about his Suit in that behalfe expended, whereof the &s;aid <HI>C.D.</HI> is convicted, as it doth appeare to us of Record. And whereas al&s;o <HI>E.F.</HI> <ABBR>E&s;q</ABBR> Sheriff of the County of <HI>E.</HI> hath returned to us upon a certain Writ i&s;&s;uing forth of the &s;ame Court before us, upon the judgment afore&s;aid, that he had cau&s;ed to be taken the Goods and Chattells of the &s;aid <HI>C.D.</HI> to the value of the Debt and damages afore&s;aid (that is to &s;ay) the one hundred and five pounds, and the Mony coming thereof (that is to &s;ay) the &s;aid one hundred and five pounds before us at the day and place in the &s;aid Writ mentioned. He had prepared to deliver to the &s;aid <HI>A. B.</HI> according to the <HI>Exigent</HI> of the Writ afore&s;aid, as by the return of that Writ in the &s;ame Court before us remai|ning of Record doth manife&s;tly appeare: And becau&s;e the &s;aid <HI>E.F.</HI> the Moneys afore&s;aid in form afore&s;aid, taken in|to the Court before us in the upper Bench at <HI>We&s;tmin&s;ter,</HI> hath not yet paid or delivered, nor to the &s;aid <HI>A.B.</HI> (as by his in&s;inuation in the &s;ame Court before us we have ac|cepted) hath yet paid or delivered, and that the &s;aid <HI>E.<PB N="600" REF="305">F.</HI> after the return afore&s;aid in form afore&s;aid &s;o returned, is dead, and that one <HI>G.H.</HI> is Executor of the la&s;t will and Te&s;tament of the &s;aid <HI>E. F.</HI> whereupon the &s;aid <HI>A.B.</HI> hath &s;upplicated us accordingly to provide remedy for him in that behalf. And wee being willing to do in that behalf that which is ju&s;t we command you that by hone&s;t and lawfull men of your Bailiwick, you make known to the &s;aid <HI>G.H.</HI> that he be before us in the upper Bench at <HI>We&s;tmin&s;ter,</HI> on, <HI>&amp;c.</HI> next after, <HI>&amp;c.</HI> to &s;hew if he hath or knoweth any thing to &s;ay for him&s;elf, wherefore the &s;aid one hundred and five pounds ought not to be made, and to the u&s;e of the &s;aid <HI>A.B.</HI> levied of the Goods and Chattells which were of the &s;aid <HI>C.D.</HI> at the time of his death, according to the force, form, and effect of the recovery and return of the Writ afore&s;aid if it &s;hal &s;eem to him expedient, and further to do and receive that which the &s;ame Court before us &s;hall con&s;ider of in that behalf, and then you have here the names of them by whom you made known unto him and this Writ; </P>
<CLOSER><DATELINE>witne&s;&s;e, <HI>&amp;c.</HI></DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>A Te&s;ta|tum ca. &s;a. again&s;t Manu|captors.</HEAD>
<OPENER><SIGNED>THE Keepers, <HI>&amp;c.</HI></SIGNED> 
<SALUTE>to the Sheriffs of <HI>London</HI> greeting,</SALUTE></OPENER>
<P>whereas we have lately commanded the Sheriff of <HI>Middle&s;ex</HI> that he &s;hould take <HI>A.B.</HI> and <HI>C.D.</HI> (naming the addition) Manucaptors of <HI>E.F.</HI> of <HI>&amp;c.</HI> If they had been found in his Bailiwick; and them &s;afely keep, &s;o that he &s;hould have their Bodies before us in the upper Bench at <HI>We&s;tmin&s;ter</HI> at a certain day now pa&s;t, to &s;atisfie <HI>G.H.</HI> of thirteen pounds of Debt, and al&s;o of one and twenty &s;hil|lings for his Damages, which he &s;u&s;tained, as well by occa|&s;ion of detaining of that Debt, as for his Co&s;ts and Charges by him about his &s;uit in that behalf expended, whereof the &s;aid <HI>E.F.</HI> counted, as it doth appeare to us of record, and whereof in the &s;ame Court before us in the upper Bench at <HI>We&s;tmin&s;ter</HI> it is con&s;idered, that the &s;aid <HI>G.H.</HI> &s;hould have his Execution again&s;t the &s;aid <HI>A. B.</HI> and <HI>C.D.</HI> of the Debt and Damages afore&s;aid, according to the force, form, an effect of the Recognizance by them the &s;aid <HI>A.B</HI> and <HI>C.D.</HI> for the &s;aid <HI>E.F.</HI> in the Court before us in the up|per Bench at <HI>We&s;tmin&s;ter,</HI> to the &s;aid <HI>G.H.</HI> acknowledged, whereof the &s;aid <HI>A.B.</HI> and <HI>C.D.</HI> are convicted, as it doth<PB N="601" REF="305">likewi&s;e as to us upon Record. And the &s;aid Sheriff of <HI>Middle&s;ex,</HI> at that day returned to us, that the &s;aid <HI>A.B.</HI> and <HI>C.D.</HI> are not found in his Bailiwick; whereupon on the be|half of the &s;aid <HI>G.H.</HI> in the &s;ame Court before us in the upper Bench at <HI>We&s;tmin&s;ter,</HI> it is &s;ufficiently te&s;tified that the &s;aid <HI>A.B.</HI> and <HI>C.D.</HI> do lurk and &s;culk in the City of <HI>London,</HI> therefore we command you that you take them, if they &s;hal be found in your Bailiwick, and them &s;afely keep, &s;o that you have their Bodies before us in the upper Bench at <HI>We&s;tmin&s;ter,</HI> on Thur&s;day next after, <HI>&amp;c.</HI> To &s;atisfie the &s;aid <HI>G.H.</HI> of the Debt and Damages afore&s;aid. And then you have here this Writ; </P>
<CLOSER><DATELINE>witne&s;&s;e <HI>H. Roll</HI> at <HI>We&s;tmin|&s;ter, &amp;c.</HI></DATELINE></CLOSER>
</DIV3>
<DIV3 TYPE="writ">
<HEAD>A Super|&s;edeas upon a ca. &s;a. for Manu|captors.</HEAD>
<OPENER><SIGNED>THe Keepers, <HI>&amp;c.</HI></SIGNED>
<SALUTE>to the Sheriff of <HI>London</HI> greeting,</SALUTE></OPENER>
<P>whereas by our Writ we have lately commanded you that you &s;hould take <HI>A.B.</HI> and <HI>C.D.</HI> if they had bin found in your Bailiwick: And them &s;afely keep, &s;o that you &s;hould have their Bodies before us in the upper Bench at <HI>We&s;t.</HI> on Thur&s;day next after, <HI>&amp;c.</HI> to &s;atisfie <HI>G.H.</HI> of thirteen pounds of Debt, and al&s;o of one and twenty &s;hillings for his Damages which he &s;u&s;tained, as well by occa&s;ion of de|taining of that Debt, as for his Co&s;ts and Charges by him about his Suit in that behalf expended, whereof the &s;aid <HI>E.F.</HI> is convicted, as it doth appear to us of Record: And whereupon in the &s;ame Court before us, it is con&s;idered, that the &s;aid <HI>G. H.</HI> &s;hould have his execution again&s;t the &s;aid <HI>A.B.</HI> and <HI>C.D.</HI> of the Debt and Damages afore&s;aid, ac|cording to the force, form, and effect of the recogni&s;ance, by them the &s;aid <HI>A.B.</HI> and <HI>C.D.</HI> for the &s;aid <HI>E.F.</HI> in the Court before us in the upper Bench at <HI>We&s;tmin&s;ter,</HI> to the &s;aid <HI>G.H.</HI> acknowledged, and becau&s;e the &s;aid <HI>G.H.</HI> in the Court before us in the upper Bench at <HI>We&s;tmin&s;ter</HI> comes and acknowledges him&s;elf to be &s;atisfied of the Debt and Damages afore&s;aid, therefore we command you that you for ever &s;uper&s;ede from further taking, impri&s;oning, de|taining, attaching, or them the &s;aid <HI>A. B.</HI> and <HI>C.D.</HI> or ei|ther of them in any thing mole&s;ting; and if you take them or either of them for that cau&s;e (and no other) then with|out delay at your perill you cau&s;e to be delivered, them<PB N="602" REF="306">and either of them from your Pri&s;on and Cu&s;tody (if they or either of them is, or are detained for that cau&s;e and no other) and &s;uffer them to goe at liberty;</P>
<CLOSER><DATELINE>witne&s;s <HI>H. Roll</HI> at <HI>We&s;tmin&s;ter, &amp;c.</HI></DATELINE></CLOSER>
</DIV3>
</DIV2>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="index">
<PB REF="306">
<HEAD>THE TABLE.</HEAD>
<LIST>
<HEAD>Acceptance.</HEAD>
<ITEM>WHere a Lea&s;e is voydable, <HI>acceptance</HI> of rent makes that good, otherwi&s;e where it is voyd, <HI>fol. 320.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Action upon the Ca&s;e.</HEAD>
<ITEM>For what &s;landerous words it lyeth, and for what not <HI>fol. 339.</HI></ITEM>
<ITEM>It lyeth for &s;elling corrupt Wine, without war|ranting that. <HI>fol. 342.</HI></ITEM>
<ITEM>Hath tasted the Wine and accepteth that for good, is a Barr. <HI>fol. 342.</HI></ITEM>
<ITEM>Where warranty for that, &s;ee where it lyeth, and where not. <HI>fol. 342.</HI></ITEM>
<ITEM>For making deceit it lyeth. <HI>fol. 343.</HI></ITEM>
<ITEM>It lyeth where one will not deliver the Pawn upon the Money tendred. <HI>fol. 344.</HI></ITEM>
<ITEM>The tenant &s;hall have that again&s;t the Landlord, for not paying Quit rent. <HI>fol. 345,</HI></ITEM>
<ITEM>It lyeth where there is delivery, and not Tre&s;pas, <HI>Vi &amp; armis,</HI> and where one or the other lyeth. <HI>fol. 345.</HI></ITEM>
<ITEM>It lyeth for mi&s;u&s;ing licen&s;e in Deed, and Tre&s;|pa&s;&s;e for mi&s;u&s;ing licen&s;e in Law. <HI>fol. 346.</HI></ITEM>
<ITEM>It lyeth for not carefully keeping a fire, and again&s;t an Ho&s;t, and where ones Dog worryeth a Sheep. <HI>fol. 346</HI></ITEM>
<ITEM>It lyeth for holding a Court in anothers Mannor, and for di&s;turbing one to hold a Leet, <HI>fol. 347.</HI></ITEM>
<ITEM>It doth not ly again&s;t a Schoolma&s;ter, nor for erect|ing a Mil, but for wa&s;t by tenant at wil it lyeth, <HI>fol. 347</HI></ITEM>
<ITEM>It lyeth again&s;t a &s;ervant for ill looking to Bea&s;ts, and negligent keeping them, <HI>fol. 347</HI></ITEM>
<ITEM>Or for &s;topping a way, and for fal&s;e Dice, and Lime-pits digged, <HI>fol. 348.</HI></ITEM>
<ITEM><PB REF="307">It lyeth again&s;t a Sheriff for &s;erving a writ, and not returning it, <HI>fol. 348.</HI></ITEM>
<ITEM>Where it lieth again&s;t executors, and where not, <HI>fol. 250</HI></ITEM>
<ITEM>Where it lyeth for promi&s;e not performed, <HI>fol. 351</HI></ITEM>
<ITEM>Where the place is traver&s;able, and where the Com|mon, and where not, <HI>fol. 353</HI></ITEM>
<ITEM><HI>Archers, fol. 27.</HI></ITEM>
<ITEM><HI>Artificers. fol. 27</HI></ITEM>
</LIST>
<LIST>
<HEAD>A&s;&s;i&s;e.</HEAD>
<ITEM>Where it lyeth, and where a <HI>Mortdance&s;ter, fol. 119</HI></ITEM>
<ITEM>What is &s;ufficient &s;ei&s;in to have <HI>A&s;&s;i&s;e,</HI> and what not, <HI>fol. 120</HI></ITEM>
<ITEM>Pleas in <HI>A&s;&s;i&s;e</HI> by Bailiff, <HI>fol. 120</HI></ITEM>
<ITEM>Pleas of the Di&s;&s;ei&s;or, <HI>fol. 123</HI></ITEM>
<ITEM>Pleas, that the tenant &s;hall have for the <HI>A&s;&s;i&s;e</HI> to adjourne, <HI>125.</HI> Diver&s;e Pleas in Abatement, where they are not contrary, and contrary to the <HI>A&s;&s;i&s;e, fol. 127</HI></ITEM>
<ITEM>Where it &s;hall be awarded at large, and where in right of damages, <HI>128.</HI> VVhere the Plaintiff may choo&s;e his tenant at his perill, and where not, <HI>fol. 131</HI></ITEM>
<ITEM>What is a good title in <HI>A&s;&s;i&s;e,</HI> and what not, <HI>fol. 135</HI></ITEM>
<ITEM>Plea in Barr and abatement, <HI>136.</HI> Where he may abridge his plaint, and where not, <HI>fol. 138</HI></ITEM>
<ITEM>Where after verdict he cannot abridge, <HI>fol. 139</HI></ITEM>
</LIST>
<LIST>
<HEAD>Attornement.</HEAD>
<ITEM>Where it ought to be, and where not, <HI>fol. 139</HI></ITEM>
<ITEM>VVhere is good <HI>Attornement,</HI> and where not, <HI>fol. 141</HI></ITEM>
<ITEM>VVho is compellable to <HI>attorn,</HI> and who not, <HI>fol. 142</HI></ITEM>
<ITEM>Where he which is not compellable to <HI>attorne, at|tornes, 143.</HI> What thing granted by Fine, he &s;hall have without <HI>Attornement, fol. 144</HI></ITEM>
</LIST>
<LIST>
<HEAD>Attorney.</HEAD>
<ITEM>May make &s;uit in Court Baron, <HI>fol. 145</HI></ITEM>
</LIST>
<LIST>
<HEAD>Amerciament.</HEAD>
<ITEM><HI>Amerciament</HI> in Court Baron and <HI>affire, fol. 145.</HI> For tre&s;pa&s;&s;e made to the Lord him&s;elfe, and <HI>affire, fol. 145</HI></ITEM>
</LIST>
<LIST>
<PB REF="307">
<HEAD>Attachment.</HEAD>
<ITEM>Who &s;hall be attached, and what &s;hall be forfeited upon that, and what not, <HI>155.</HI> The forme of making the Precept upon that, <HI>fol. 155</HI></ITEM>
</LIST>
<LIST>
<HEAD>Ancient Deme&s;ne.</HEAD>
<ITEM>In what Actirn this is a good Plea, and in what not, <HI>188. Ancient Deme&s;ne</HI> is Court Baron, and and &s;ee the Fine there, <HI>fol. 190</HI></ITEM>
<ITEM>Where it is made Frank fee for a time, and where for ever, <HI>190.</HI> It is Socage, and how that &s;hall be tryed, <HI>152.</HI> The forme of pleading of that, and Co|py-hold of <HI>Ancient Deme&s;ne, 192.</HI> How execution &s;hall be by Writ in <HI>Ancient Deme&s;ne,</HI> and how free they are, <HI>fol. 194</HI></ITEM>
</LIST>
<LIST>
<HEAD>Avowry.</HEAD>
<ITEM>&V;pon whrm it &s;hal be made, and upon whom not, <HI>fol. 105</HI></ITEM>
</LIST>
<LIST>
<HEAD>Bargaine and Contracts.</HEAD>
<ITEM>IF the Plaintiff vary from his Contract, where he oweth him nothing is pleaded, in manner and form &s;hall be tryed, <HI>355.</HI> Where it is for &s;o much as J.S. &s;hall &s;ay, or upon condition, or mi&s;liking, <HI>fol. 356</HI></ITEM>
<ITEM>If the Buyer takes without paying, Debt or tre&s;|pa&s;&s;e lyeth, <HI>358.</HI> VVhere one may wage his Law, he cannot traver&s;e the Contract, nor cau&s;e, <HI>fol. 359</HI></ITEM>
<ITEM>Defondant &s;aith, it was upon condition on ano|ther County, and ought to traver&s;e the Count, <HI>fol. 360</HI></ITEM>
<ITEM>Defendant may plead that the Plaintiffe hath ob|ligation for the &s;ame, <HI>361.</HI> VVhere a Lea&s;e by Pa|roll of Right, goods, or contract is good, and where not, <HI>361.</HI> The King may give a thing not in being, and not a common per&s;on give a right, <HI>fol. 361</HI></ITEM>
<ITEM>To marry my Daughter, debt lyeth, with my Daughter not, <HI>fol. 362</HI></ITEM>
</LIST>
<LIST>
<PB REF="308">
<HEAD>Barr.</HEAD>
<ITEM>If he recover in debt upon a contract, he cannot have new debt, <HI>363.</HI> The &s;ame Law in Tre&s;pa&s;&s;e.</ITEM>
<ITEM>If the Plaintiffe were barred in Detinue, he &s;hall not have account, nor Action upon the Ca&s;e for the &s;ame, <HI>363. Barr</HI> by a Recovery in another Court, pleaded here, <HI>363. Barr</HI> good to common intent, <HI>fol. 427</HI></ITEM>
<ITEM><HI>Barr</HI> &s;hall be as high as the matter Count. <HI>fol. 427</HI></ITEM>
</LIST>
<LIST>
<HEAD>Baron and Feme.</HEAD>
<ITEM>What Contracts of the wife and &s;ervant &s;hal bind the husband, and what not, <HI>364.</HI> The husband &s;hall not be charged, though they come to the u&s;e of the hou&s;e, if he hath not notice and agreed, <HI>fol. 365</HI></ITEM>
<ITEM>The husband &s;hall be charged for nece&s;&s;ary appar|rell of his wife, and not for &s;uper&s;luous, <HI>fol. 365</HI></ITEM>
<ITEM>Servant which hath u&s;ed to &s;ell pawnes, goods, of his Ma&s;ter for Corne, which comes to the u&s;e of his Master, good, <HI>366.</HI> A &s;ervant &s;ent to buy, and the thing bought doth not come to the u&s;e of the Ma|&s;ter, yet he &s;hall be charged, <HI>366.</HI> Servant gives goods of his Ma&s;ter, the Ma&s;ter &s;hall have tre&s;pa&s;&s;e, <HI>fol. 366</HI></ITEM>
<ITEM>Servant borrows Money in the name of his Ma|ster without his commandement, there the Ma&s;ter &s;hall not be charged, <HI>366.</HI> He &s;hall have goods and Lea&s;e, and if he dye, the Lea&s;e not altered, it &s;hall remaine to the wife, <HI>367.</HI> If he marry a woman ex|ecutrix and dyes, the wife &s;hal! have the goods which remaine. <HI>fol. 367</HI></ITEM>
<ITEM>He &s;hall have an obligation made to the wife be|fore marriage, and if be dye, that &s;hall remaine to the wife, <HI>367.</HI> He &s;hall be charged with a debt of his wife, and if &s;hee dye not afterward, <HI>fol. 368</HI></ITEM>
<ITEM>He &s;hall not have an Obligation made to his wife, before marriage, after her death, <HI>fol. 366</HI></ITEM>
</LIST>
<LIST>
<PB REF="308">
<HEAD>By-Laws,</HEAD>
<ITEM>What &s;hall binde all, and what not, <HI>fol. 89</HI></ITEM>
<ITEM>In Court Baron, and in Towne, <HI>fol. 89</HI></ITEM>
</LIST>
<LIST>
<HEAD>Chattels.</HEAD>
<ITEM>ALL goods and <HI>Chattels</HI> what&s;oever granted, <HI>fol. 62</HI></ITEM>
<ITEM>What &s;hall pa&s;&s;e by the grant of <HI>Chattels, fol. 63</HI></ITEM>
</LIST>
<LIST>
<HEAD>Challenge Jurors.</HEAD>
<ITEM>What is principall, and what not, <HI>fol. 178</HI></ITEM>
<ITEM>What is good for favour, and what not, <HI>fol. 180</HI></ITEM>
<ITEM><HI>Charter</HI> of exemption of Juries, <HI>fol. 114</HI></ITEM>
</LIST>
<LIST>
<HEAD>Chimnies. Wayes.</HEAD>
<ITEM>Trees in them, ditch, and bridge making, <HI>fol. 66</HI></ITEM>
<ITEM>Making high-wayes by Statutes, <HI>fol. 67</HI></ITEM>
</LIST>
<LIST>
<HEAD>Condition.</HEAD>
<ITEM>Lea&s;e for yeares upon condition, if he be di&s;turbed he &s;hall have fee: See Obligation, <HI>fol. 164</HI></ITEM>
</LIST>
<LIST>
<HEAD>Confirmation.</HEAD>
<ITEM>VVhat liberty ought to be confirmed at the change of the King <HI>fol. 65</HI></ITEM>
</LIST>
<LIST>
<HEAD>Commons.</HEAD>
<ITEM>Where the Lord may improve that, and where not, <HI>180.</HI> Appendant and Appurtenant, and admea&s;ure|ment, <HI>184.</HI> With what Bea&s;ts it &s;hall be u&s;ed, <HI>fol. 185</HI></ITEM>
</LIST>
<LIST>
<HEAD>Coni&s;ance.</HEAD>
<ITEM>In what ca&s;es that &s;hall not be, <HI>fol. 222</HI></ITEM>
</LIST>
<LIST>
<HEAD>Con&s;table.</HEAD>
<ITEM>His office and authority, and what he ought te doe, <HI>fol. 94</HI></ITEM>
</LIST>
<LIST>
<HEAD>Continuance.</HEAD>
<ITEM>See in Imparlance afterwards, <HI>fol. 392</HI></ITEM>
</LIST>
<LIST>
<HEAD>Conclude in Action.</HEAD>
<ITEM>See Pleading afterwards, the order and forme how one ought to conclude, <HI>fol. 422</HI></ITEM>
</LIST>
<LIST>
<HEAD>Copy-hold.</HEAD>
<ITEM>It &s;eems he &s;hall not have an A&s;&s;i&s;e before admit|tance,
<PB REF="309">but he &s;hall have tre&s;pa&s;&s;e, <HI>157.</HI> His e&s;tate and intere&s;t, what it is, <HI>157.</HI> Of ba&s;e tenure and free is ancient Deme&s;ne, <HI>159</HI> VVhere he enters and dies before admittance, <HI>160</HI> Divers Ca&s;es of that, and countermands of &s;urrender, <HI>160</HI> VVhat &s;urrender is good, <HI>161.</HI> Lea&s;e by licen&s;e, and recovery again&s;t Le&s;&s;ee, and forme of licen&s;e, The &s;tatute of limi|tation extends to that, <HI>169.</HI> See title <HI>Copy-hold, 160,</HI> Diver&s;e Ca&s;es there added, <HI>161.</HI> As &s;urren|der into the hands of two tenants and dyes, Gavell|kinde to the next of the blood, and Borough Engli&s;h, <HI>161.</HI> Lord hath more Rent then he ought, <HI>fol. 162</HI></ITEM>
<ITEM>Surrender to u&s;e, without more, <HI>163.</HI> Forfeiture by attaint of <HI>copy-hold, 161.</HI> Admittance in other manner, then was the &s;urrender, <HI>161. Copy-hold</HI> in taile, time out of minde, and not otherwi&s;e, <HI>fol. 173.</HI></ITEM>
<ITEM>It is in the Saxons time, Folkland, and it is good by continuance, <HI>174.</HI> Tre&s;pa&s;&s;e again&s;t the Lord, what forfeiture &s;hall be pre&s;ented, and what not, <HI>fol. 175.</HI></ITEM>
<ITEM>Shall have hou&s;e-boot, plough-boot, and hedg-boot, <HI>176.</HI> Fine upon every alteration and admittance, Forfeiture of that by denying Rent, and by Feoff|ment and livery, <HI>176.</HI> May lop trees, Feoffment, and Fine, and other forfeitures, <HI>fol. 177.</HI></ITEM>
<ITEM><HI>Cordiners, fol. 29.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Co&s;ts.</HEAD>
<ITEM>VVhere the Plaintiffe &s;hall have <HI>co&s;ts,</HI> and where not, <HI>fol. 209.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Covin.</HEAD>
<ITEM>And fraudulent gifts to defeat Executors, <HI>fol. 232.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Count.</HEAD>
<ITEM>Shall be certain, <HI>430.</HI> &V;pon lending and upon buying, <HI>430, 501.</HI> Count in an Action upon the Ca&s;e for &s;lander, <HI>fol. 502.</HI></ITEM>
<ITEM>Count in Tre&s;pa&s;&s;e, with walking with his feet, <HI>fol. 504</HI></ITEM>
</LIST>
<LIST>
<PB REF="309">
<HEAD>Court-Baron,</HEAD>
<ITEM>And Leet, how they are fir&s;t ordained, <HI>fol. 6.</HI></ITEM>
<ITEM>And where Suiters hold of the Mannor, <HI>7.</HI> Is in|cident to a Mannor, <HI>7.</HI> The order here begins to keep that, <HI>105.</HI> The charge in this here begins, <HI>fol. 107.</HI></ITEM>
<ITEM>VVhat actions &s;hall be there &s;ued, and what not, <HI>145.</HI> Capias &s;hall not be awarded in that, and which is a great Court, <HI>98.</HI> In what place it &s;hall be held, <HI>186.</HI> VVhat is Court-baron, and what of Record, <HI>187.</HI> The tryall in Court-Baron, <HI>187.</HI> Forraine matter pleaded there, <HI>187.</HI> The entries in Roll of Court-Baron here begin, <HI>186.</HI> Entries of &s;urrender and admittances. Forme of proce&s;&s;e of execution.</ITEM>
</LIST>
<LIST>
<HEAD>Court of Ancient Deme&s;ne,</HEAD>
<ITEM>Here that begins, <HI>188.</HI> See before <HI>Ancient De|me&s;ne.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Court of Pipowders.</HEAD>
<ITEM>Is of Acts and Contracts onely within the Faire, <HI>fol. 195.</HI></ITEM>
</LIST>
<LIST>
<ITEM><HI>Court of the Mar&s;hal&s;ey, fol. 196.</HI></ITEM>
<ITEM>And the authority of that to hold Pleas, <HI>fol. 127</HI></ITEM>
<ITEM><HI>Cro&s;&s;e-bows, and Hand-guns, fol. 28.</HI></ITEM>
<ITEM><HI>Crow-Netts, fol. 30.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Cu&s;tomes.</HEAD>
<ITEM>Cu&s;tomes of diver&s;e Mannors, <HI>200.</HI> It &s;hall be rea&s;onable according to common right, and upon good con&s;ideration, <HI>201.</HI> What is good, and what not, <HI>204.</HI> And who may pre&s;cribe, <HI>fol. 105.</HI></ITEM>
<ITEM>It &s;hall be taken &s;trictly, <HI>fol. 209.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Damages.</HEAD>
<ITEM>FOR taking onely, and not for retaining, &s;hall be recovered, <HI>211.</HI> In what Actions &s;hall be recove|ry, and in what not, <HI>211. Damages</HI> recovered in Dower, <HI>fol. 314,</HI></ITEM>
</LIST>
<LIST>
<HEAD>Di&s;tre&s;&s;e.</HEAD>
<ITEM>For amerciament, the Lord may di&s;traine, and for Fine or By-Law broken, &s;hall have debt, or <HI>Di|&s;tre <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"></HI></ITEM>
<ITEM><PB REF="310">VVhat thing may be di&s;trained, and what not, <HI>fol. 87.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Di&s;cent.</HEAD>
<ITEM>VVhere one &s;hall be &s;ayd in by di&s;cent, and where by purcha&s;e, <HI>212.</HI> A woman being young with child, enters, and &s;ee great with child, and who is Ba&s;tard, <HI>213.</HI> VVhat is a po&s;&s;e&s;&s;ion in fee to be an impediment to the halfe blood, <HI>214.</HI> Di&s;cent, and where it &s;hall e&s;cheat. <HI>fol. 214</HI></ITEM>
</LIST>
<LIST>
<HEAD>De &s;on tort Deme&s;ne.</HEAD>
<ITEM>VVhere one may plead that, and where not, &amp;c. <HI>fol. 216.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Divorce.</HEAD>
<ITEM>If they have in Frank Marriage, and are divor|ced, the wife &s;hall have all, and if taile, they have a free-hold by <HI>Divorce, fol. 310</HI></ITEM>
</LIST>
<LIST>
<HEAD>Double Plea.</HEAD>
<ITEM>See there what is a double Plea, and what not, <HI>fol. 441</HI></ITEM>
</LIST>
<LIST>
<HEAD>Droit.</HEAD>
<ITEM>VVho hath more right, and how it &s;hall be direct|ed, <HI>151.</HI> where after the Mi&s;e joyned, judgement finall &s;hall be given, <HI>151.</HI> Recovery in right, &amp;c. <HI>fol. 496</HI></ITEM>
</LIST>
<LIST>
<HEAD>Dower.</HEAD>
<ITEM>By attainder of tenant in taile, where it &s;hall be forfeited, and where not, <HI>303.</HI> Third part &s;hall be a&s;&s;igned to Eloppement, <HI>314.</HI> It &s;hall not be of a re|ver&s;ion for life, though his fee is joyned to the free|hold, <HI>317.</HI> Nor it &s;hall not be during the time of the husband being in Religion, nor where be is joynt|ly &s;ei&s;ed, <HI>316.</HI> VVhere a villaine takes a wife it &s;hall be, under nine yeares it &s;hall not be, <HI>fol. 315</HI></ITEM>
<ITEM>VVhere a Lord enters for Mortmaine, or recovers in <HI>Ce&s;&s;avit,</HI> the wife &s;hall be, <HI>317.</HI> where the hus|band hath an e&s;tate in fee upon condition, &s;hee &s;hall be, <HI>317.</HI> where the heire is remitted, &s;hee &s;hall not be, <HI>317.</HI> where the husband loo&s;es by default, or red|dition, &s;he &s;hall be, <HI>fol. 318</HI></ITEM>
<ITEM><PB REF="310">A&s;&s;ignement by Guardian in Knights &s;ervice by Di&s;&s;ei&s;or, Abator, or Intruder, good, <HI>317.</HI> A&s;&s;igne|ment by Guardian in Socage, &s;hall not be Rent a&s;|&s;igne to the wife, Rec. and yet a&s;&s;igne, <HI>317.</HI> Where the husband dyes &s;ei&s;ed, and &s;hee demands, and hee was not ready, the wife &s;hall recover damages, <HI>fol. 318.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Entendment.</HEAD>
<ITEM>What is good by Entendment, and what not, <HI>fol. 443</HI></ITEM>
</LIST>
<LIST>
<HEAD>Enque&s;t.</HEAD>
<ITEM>In Leet if twelve agree, it is good, and a &s;tranger may be &s;worne, <HI>13.</HI> In Court Baron by le&s;&s;e then twelve for the Lord, <HI>13.</HI> In Leet it &s;hall be by twelve at the lea&s;t, and &s;ee i&s;&s;ue tryed in Court bar<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> <HI>fol. <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"></HI></ITEM>
<ITEM>Mi&s;demeanor in drink, or taking a writing, <HI>fol. 225</HI></ITEM>
</LIST>
<LIST>
<HEAD>E&s;tray.</HEAD>
<ITEM>After the yeare and day, and Proclamation made in the Church and Markets, <HI>fol. 79</HI></ITEM>
</LIST>
<LIST>
<HEAD>E&s;cheat.</HEAD>
<ITEM>VVhere it ought, and where it &s;hall di&s;cend, <HI>fol. 216</HI></ITEM>
<ITEM>VVhere land ought. <HI>fol. 217</HI></ITEM>
</LIST>
<LIST>
<HEAD>E&s;&s;oine.</HEAD>
<ITEM>After I&s;&s;ue but one E&s;&s;oine, <HI>368.</HI> VVhere at two <HI>Venire fac. Habeas corpora,</HI> and di&s;tre&s;&s;e, it &s;hall be, and where not, <HI>372.</HI> Action again&s;t three, eve|ry one &s;hall make E&s;&s;oine &s;everally and not after, but, &amp;c. <HI>373.</HI> Of the Kings &s;ervice ca&s;t in at the <HI>Di&s;tringas Jurat. 374.</HI> After appearance the T<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">|nant &s;hall not be in A&s;&s;i&s;e, <HI>375.</HI> Of the &s;ervice of the King the E&s;&s;oine, Sworne and he ought to bring in his warrant and &s;hall loo&s;e <HI>20 s. fol. 380</HI></ITEM>
<ITEM>Exception of that entered, and day of E&s;&s;oyne, <HI>fol. 280</HI></ITEM>
<ITEM>It doth not lye for acorporation in the <HI>Scire fac. fol. 381</HI></ITEM>
<ITEM>VVhere it lyeth upon a re-&s;ummons, and re-attach|ment, and where not, <HI>fol. 361.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Evidence.</HEAD>
<ITEM>&V;pon generall I&s;&s;ue, that he had no &s;uch can&s;e of
<PB REF="311">action or no cau&s;e of action, good. <HI>234.</HI> That he hath interest, and an E&s;tate good. <HI>235.</HI> &V;pon ge|neral I&s;&s;ue, he shall not have Evidence of another thing, or contrary. <HI>236.</HI> VVhere the Evidence proves the &s;ub&s;tance of the I&s;&s;ue, it is good. <HI>239.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Exhortation to the Inque&s;t.</HEAD>
<ITEM>Exhortation, &amp; the cau&s;e that they are &s;worn. <HI>13.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Execution.</HEAD>
<ITEM>What &s;hall be, and what in Court Baron, and <HI>Ca|pias</HI> is not there. <HI>227.</HI> &V;pon a Recognizance and Statutes. <HI>231.</HI> Of Goods, that he &s;hall have Day of the Execution awarded, of Land, that hath Day of the Judgement. <HI>230.</HI> Four manner of Executions, and Debt after the year. <HI>232</HI></ITEM>
</LIST>
<LIST>
<HEAD>Fealty.</HEAD>
<ITEM>SHall be at the first Court and Attornement. <HI>140</HI></ITEM>
<ITEM>Form of making Fealty. <HI>92</HI></ITEM>
<ITEM>Who &s;hall make that, and who not. <HI>259</HI></ITEM>
</LIST>
<LIST>
<HEAD>Felonies.</HEAD>
<ITEM>If Indictors of a Felon utter the Coun&s;el of their Companions, See divers manners of Felonies there. <HI>48</HI></ITEM>
</LIST>
<LIST>
<HEAD>Forfeitures.</HEAD>
<ITEM>The King hath Year, Day, and VVaste, and the Lord and E&s;cheats. <HI>54.</HI> Of Goods onely, and where not by Attainder. <HI>55.</HI> Of Lands, Day of the Felony, and Goods, Day of the Judgement. <HI>57.</HI> And when Officer may &s;ei&s;e. <HI>58</HI></ITEM>
</LIST>
<LIST>
<HEAD>Formedon.</HEAD>
<ITEM>To a Gift fir&s;t made it is not extended, and A&s;&s;i&s;e by Tenant in Tail, where it lieth, and where not. <HI>247</HI></ITEM>
<ITEM>Shall make a Di&s;cent by all which tender E&s;tate, and the heir to every one is to &s;ue. <HI>248.</HI> In Reverter and Di&s;cender, Esplees is of the Donor and Donee, in the Remainder in the Donee onely. <HI>249</HI></ITEM>
</LIST>
<LIST>
<PB REF="311">
<HEAD>Gage Law.</HEAD>
<ITEM>TRiall in Court Baron is by waging Law, and by A&s;&s;ent, by the Country. <HI>384.</HI> Where he &s;hall have that in Account, and where not. <HI>384, 385, 386.</HI></ITEM>
<ITEM>Detinue of VVritings, and Obligation where he &s;hall have his Law, and where not. <HI>385.</HI> &V;pon Ar|bitrement, and Money awarded, &s;hall have his Law, and not upon Statute. <HI>385.</HI> Debt for Salary, for what he &s;hall have it, and for what not. <HI>385.</HI> He may, where the Plaintiff fails in the Contract. <HI>185.</HI> He &s;hall have it, not &s;hewing a Deed, witne&s;&s;ing the Contract or Receit. <HI>388.</HI> Debt for Coun&s;el he may have, but not for Amercement in Leet. <HI>387.</HI> Where he &s;hall &s;ave his defaule upon the Grandd Cape, by waging of Law, and where by Impri&s;onment and certain VVater. <HI>390</HI></ITEM>
</LIST>
<LIST>
<HEAD>Garde.</HEAD>
<ITEM>VVho &s;hall be in VVard, and who not. <HI>250.</HI></ITEM>
<ITEM>VVhere part is in chief, the King &s;hall have all, and where part Socage not all. <HI>254.</HI> Guardian can|not at this day out the Termor. <HI>256</HI></ITEM>
</LIST>
<LIST>
<HEAD>Guardians of Churches.</HEAD>
<ITEM>Shall have Account again&s;t the old VVardens, and Trespa&s;s of Goods taken. <HI>382.</HI> Shall have In|dictment, Appeal of Robbery, and are a Corporati|on for Chattels. <HI>383.</HI> Church-yard and Church, Free-hold of them &s;eems are in the Par&s;on. <HI>383.</HI> Church-yard and Church not inclo&s;ed &s;hall be for that Complaint to the Ordinary. <HI>383</HI></ITEM>
</LIST>
<LIST>
<HEAD>Grant of the King.</HEAD>
<ITEM>See mi&s;-recitall, fal&s;e con&s;ideration, and fal&s;e &s;vrmi&s;e. <HI>60.</HI> VVhat is good, and what not, where the King is deceived. <HI>61</HI></ITEM>
</LIST>
<LIST>
<HEAD>General I&s;&s;ue.</HEAD>
<ITEM>In what Actions he shall have it, and what it is. <HI>446</HI></ITEM>
</LIST>
<LIST>
<PB REF="312">
<HEAD>Hares.</HEAD>
<ITEM>TRacing of hares. <HI>309</HI></ITEM>
</LIST>
<LIST>
<HEAD>Hawkers and Hunters.</HEAD>
<ITEM>VVhat is lawfull, and what not. <HI>115</HI></ITEM>
</LIST>
<LIST>
<HEAD>Hariot.</HEAD>
<ITEM>Custome is of every Estate aliened, and Death. <HI>262.</HI> Service is properly by rea&s;on of Tenure and of every Di&s;cent. <HI>262.</HI> Cu&s;tome e&s;loigned, the Lord shall have Detinue, and di&s;train for hariot &s;ervice. <HI>263.</HI> Lord, where he may &s;ei&s;e, and where not, and always for hariot cu&s;tome &s;ei&s;e. <HI>263.</HI> Of Copy-holder Surrender in extremes, or aver. <HI>265.</HI> Hats and Caps. <HI>35.</HI> High-wayes <HI>34.</HI> Hemp. <HI>35.</HI> Homage. <HI>259.</HI> It shall be made to him that hath Inheritance, and who shall make it. <HI>259.</HI> Hor&s;es. <HI>37</HI></ITEM>
<ITEM>Hue and cry. <HI>33</HI></ITEM>
</LIST>
<LIST>
<HEAD>Inmates.</HEAD>
<ITEM>WHo are, and who not, and who shall not have Common. <HI>90</HI></ITEM>
</LIST>
<LIST>
<HEAD>Incidents.</HEAD>
<ITEM>VVhat they are, and what Incidents may be &s;e|vered, and what not. <HI>70</HI></ITEM>
</LIST>
<LIST>
<HEAD>Ju&s;tice.</HEAD>
<ITEM>Ju&s;tice should be made to every one. <HI>5.</HI> Ju&s;tice should be mini&s;tred. <HI>5.</HI> And Letters to Ju&s;tices, <HI>5.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Judge.</HEAD>
<ITEM>Steward in Leet, and Iu&s;tices of Peace, are Iudges of Record. <HI>81.</HI> Iudge in Leet and Court Ba|ron, and how there. <HI>82</HI></ITEM>
</LIST>
<LIST>
<HEAD>Imparlance.</HEAD>
<ITEM>Imparlance, and day given, <HI>394.</HI> Imparlance generall and &s;peciall, <HI>394.</HI> Pleas after Imparlance and la&s;t continuance, <HI>395.</HI> Hee &s;hall have Plea, which proves a writ abated, or Barr, <HI>398.</HI> Pleas af|ter
<PB REF="312">the la&s;t continuance, and day in Bench, <HI>399</HI></ITEM>
<ITEM>After I&s;&s;ue, matter for la&s;t continuance, <HI>399</HI></ITEM>
</LIST>
<LIST>
<HEAD>Leet.</HEAD>
<ITEM>THE precept to warne that, and the order to hold that, <HI>11. &amp; 12.</HI> It is ordained to be held twice in the yeare, <HI>Scilicet,</HI> within, &amp;c. <HI>14</HI></ITEM>
<ITEM>The anthority of that inlarged, by <HI>18 Ed. 2.</HI> &amp;c. <HI>13.</HI> The charge here begins in that, <HI>15.</HI> The Bre|viate of the Change begins; <HI>40.</HI> Ca&s;es argued and agreed to be inquirable there, <HI>42.</HI> Pre&s;entment there which toucheth free-hold, traver&s;able, and o|therwi&s;e not, <HI>24.</HI> Things there not pre&s;ented, &s;hall be pre&s;ented in Torne, and if not in Eyre, and if not in the Kings bench, <HI>84.</HI> It &s;hall be held within a moneth, unle&s;&s;e by pre&s;cription and place, <HI>88.</HI> Form of entring the pre&s;entment there, <HI>88.</HI> The Steward there is Judge of Record, <HI>83.</HI> Record and his autho|rity there.</ITEM>
</LIST>
<LIST>
<HEAD>Liberties.</HEAD>
<ITEM>VVhat the Lord shall have by Charter, and what he shall have by pre&s;cription, <HI>59.</HI> Not u&s;ing and mi&s;u&s;ing of that is a cau&s;e of &s;ei&s;ure, <HI>58</HI></ITEM>
</LIST>
<LIST>
<HEAD>Livery and Sei&s;in, 267</HEAD>
<ITEM>Delivering the Deed within the view in name of Sei&s;in, <HI>268.</HI> Where give and grant is confirmed, and good without Livery, <HI>269.</HI> Two infeoffed and Live|ry to one, <HI>270.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Lex. Law.</HEAD>
<ITEM>Law is ordained to the King for Government, <HI>4</HI></ITEM>
<ITEM>The nece&s;&s;ity of that, and of charity, <HI>4</HI></ITEM>
</LIST>
<LIST>
<HEAD>Mannor.</HEAD>
<ITEM>How that began, <HI>7</HI></ITEM>
</LIST>
<LIST>
<HEAD>Materiall.</HEAD>
<ITEM>What in pleading, and what not, <HI>456</HI></ITEM>
</LIST>
<LIST>
<HEAD>Maintenance.</HEAD>
<ITEM>Not by Letters nor otherwi&s;e, <HI>460</HI></ITEM>
<ITEM><PB REF="313">To imbrace Iurors, and &s;uborn VVitne&s;&s;es is. <HI>400.</HI></ITEM>
<ITEM>To &s;ay, he will maeintain and doth not, is no main|tenance, but to &s;ay, that he will &s;pend <HI>20.</HI> l. <HI>&amp;c.</HI> is. <HI>400.</HI> To give money before Suit, and covenant to have part of an Obligation, for travelling with a &s;tranger born, is not. <HI>401.</HI> VVhere he hath an Obli|gation delivered for his Debt or Intere&s;t, as Rever|&s;ion or Remainder, may. <HI>401.</HI> Servant arre&s;ted, Ma&s;ter may give of his wages, and lend him money. <HI>402.</HI> It is &s;aid, that one learned, may be of Coun|&s;el without Fee, and give Evidence for his Fee, but not labour the Iury. <HI>404, 406.</HI> VVho may pray a learned man to be of Coun&s;el with one, and who not. <HI>404.</HI> The Father may, his Son, Cozen and Kindred, in action real and poor, but not promi&s;e to a Iuror. <HI>402.</HI> For Burials in Church-yard all Inhabitants may. <HI>405</HI> Manucaptor cannot retain Coun&s;el, and do nothing but &s;ee him appear. <HI>402</HI></ITEM>
<ITEM>VVhat an Attorney may do, and maintain. <HI>404</HI></ITEM>
</LIST>
<LIST>
<HEAD>Modo &amp; forma.</HEAD>
<ITEM>VVhere it is material, and where not. <HI>460</HI></ITEM>
</LIST>
<LIST>
<HEAD>Mortmain.</HEAD>
<ITEM>VVhat is Mortmain, and what not. <HI>36, 75, 273</HI></ITEM>
</LIST>
<LIST>
<HEAD>Mortdance&s;ter.</HEAD>
<ITEM>I&s;&s;ue upon one point &s;hall not inquire of more. <HI>271</HI> Re&s;ummons and Proce&s;s upon that. <HI>272.</HI> VVhere that lieth, and where not, and where it is devi&s;able. <HI>273.</HI> Mu&s;ters.</ITEM>
</LIST>
<LIST>
<HEAD>Non-tenure.</HEAD>
<ITEM>IN what action it shall be pleaded, and non-tenure of parcell is not abatement for all. <HI>276</HI></ITEM>
</LIST>
<LIST>
<HEAD>Nuper obiit.</HEAD>
<ITEM>VVhere it lieth between Si&s;ters of halfe blood. <HI>277</HI></ITEM>
</LIST>
<LIST>
<HEAD>Negativa preignans.</HEAD>
<ITEM>VVhere I&s;&s;ue shall be of that, and where ntt. <HI>462</HI></ITEM>
</LIST>
<LIST>
<PB REF="313">
<HEAD>Obligations.</HEAD>
<ITEM>How the Conditions of them shall be pleaded. <HI>464</HI></ITEM>
</LIST>
<LIST>
<HEAD>Office.</HEAD>
<ITEM>Grant to one which doth not know to execute, void, and where to two, <HI>282.</HI> A&s;&s;ignee and Deputy, and where mi&s;-u&s;ing is Forfeiture, <HI>282</HI></ITEM>
</LIST>
<LIST>
<HEAD>Officer.</HEAD>
<ITEM>How he ought to demean him&s;elf in executing Proce&s;s, <HI>278.</HI> Executing erroneous Proce&s;s, he ex|cu&s;es, and where it is out of their Juri&s;diction, and where not, <HI>279.</HI> Arre&s;t in a Church, and Bailiff errant without warrant, <HI>279</HI></ITEM>
</LIST>
<LIST>
<HEAD>Plaints.</HEAD>
<ITEM>IN A&s;&s;i&s;e, <HI>137</HI> Of Mortdance&s;ter and Barr, Of entry in the <HI>per</HI> and <HI>cui,</HI> and Precipe of Sum|mons. In Formedon, Precipe of Summons and the Count. <HI>8</HI></ITEM>
</LIST>
<LIST>
<HEAD>Pleadings.</HEAD>
<ITEM>I&s;&s;ue &s;hall not be, if he abated, or not, <HI>422</HI> I&s;&s;ue shall not be upon Affirmative and Negative, <HI>423</HI> Diver|&s;ity between pleading in Trespa&s;s and A&s;&s;i&s;e, <HI>424</HI> Barr good to common intent and (Fir&s;t Face) good, <HI>426</HI> Barr shall be as high as the matter which is counted, <HI>427</HI> Where the Defendants confe&s;s and avoids, he need not traver&s;e, and where he ought, <HI>431</HI> Detinue or Trespa&s;s, the Defendant &s;aith, that they were delivered in pawn, or by Replegiare, and good without Traver&s;e, <HI>431</HI> VVhere the De|fendant ju&s;tifies in &s;pecial manner, he ought to tra|ver&s;e, <HI>432</HI> Count and Barr good by intendment, <HI>445</HI> VVhere the place shall be shewed certain, and where not, <HI>447</HI> Plea incertain for the year and day, and what not, <HI>449</HI> A thing i&s;&s;uable ought to be shewed certain, <HI>449</HI> What is material pleading, and what not, <HI>456</HI> Pleading by name and grant, and
<PB REF="314">Evidence by name, <HI>457</HI> In pleadings where he shall &s;ay, that is the &s;ame, <HI>418</HI> Where the Defendant &s;hall &s;ay, that it is the &s;ame Tre&s;pa&s;s, or the &s;ame Impri&s;onment, or the &s;ame maintenance, <HI>471</HI></ITEM>
</LIST>
<LIST>
<HEAD>Conclude in pleading.</HEAD>
<ITEM>Where the Defendant shall &s;ay, Judgement if the Plaintiff shall be an&s;wered, and where Iudgement of the Writ, and where to the Iuri&s;diction, and were which &s;o, &amp;c, <HI>433</HI> Order and form, how one ought to conclude, <HI>433.</HI> Where to the Bar there shall be Repli|cation, the Defendant ought to conclude, and this he is ready, &amp;c. <HI>433</HI> Where the Defendant pleads to the I&s;&s;ue, he ought to conclude, and of this he puts him|&s;elf, &amp;c. <HI>444</HI> Where the Defendant pleads to the I&s;|&s;ue, and of this he de&s;ireth that, &amp;c. <HI>434</HI> Where the Defendant pleads general I&s;&s;ue, he ought not to conclude, and this he is ready, &amp;c. <HI>434</HI></ITEM>
</LIST>
<LIST>
<HEAD>Pleadings of his own wrong without &s;uch cau&s;e.</HEAD>
<ITEM>Where of his own wrong the Plaintiff shall &s;ay, and where not, <HI>436</HI> Where the Defendant conveys from the Plaintiff, or pleads &s;pecial matter, this shall be an&s;wered, and of his own wrong, &amp;c. it is no plea, <HI>437</HI> Where the Defen|dant ju&s;tifies as Con&s;table, Sheriff, or by warrant of the Sheriff, or by the Kings Patent, of his own Wrong, is no plea. <HI>430</HI> Where as Servant or Bailiff of the Sheriff by his commandement, in aiding a Con&s;ta|ble or Bailiff, of his own wrong, is good. <HI>439</HI></ITEM>
</LIST>
<LIST>
<HEAD>Pleas after View.</HEAD>
<ITEM>See what Pleas he &s;hall have. <HI>426</HI> He may plead an|cient Deme&s;ne, matter apparent, Joint-tenancy, and non-tenure, <HI>420</HI> Farmedon, that be doth not omit any degrees, nor no &s;uch Town, nor to the Juri&s;|diction. <HI>421</HI> Of what Precipe, and Plaint in this nature. <HI>149</HI> Pre&s;idents, &amp;c. <HI>467</HI></ITEM>
</LIST>
<LIST>
<PB REF="314">
<HEAD>Pre&s;cription.</HEAD>
<ITEM>Who may pre&s;cribe and who not, <HI>204.</HI> Town Inhabi|tants and Officers, <HI>205.</HI> Of Rena and of another thing without Deed, <HI>207</HI></ITEM>
</LIST>
<LIST>
<HEAD>Pre&s;entment.</HEAD>
<ITEM>What traver&s;able and what not, <HI>84.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Prerogative of the King.</HEAD>
<ITEM>What the King &s;hall have without Office found, and what not, <HI>221.</HI> Where part in cheife of the King the Seigniory of another &s;u&s;pended but to the di&s;tre&s;&s;e, <HI>261. Pound open,</HI> Pounds and for dead Chattels <HI>71</HI> VVhat is open and what other, and where cattell dye in pound, <HI>71</HI> Di&s;tre&s;s taken unlawfully and pound unlocked, <HI>284.</HI> VVho &s;hall have <HI>Parco fracto</HI> and poundage for intire di&s;tre&s;&s;e <HI>4</HI> d. <HI>285.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Proclamation.</HEAD>
<ITEM>VVhere there &s;hall be three, and where but one. <HI>11.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Proce&s;s.</HEAD>
<ITEM>In Court-Baron. <HI>152</HI></ITEM>
<ITEM>Grand Cape in Dower and Precipe of that, <HI>505.</HI></ITEM>
<ITEM>Between Petty Cape and the Petty Cape, <HI>505</HI></ITEM>
<ITEM>Precept of &s;ummons in a Plea of Land, <HI>506.</HI></ITEM>
<ITEM>Precept of Summons in A&s;&s;i&s;e of Mordance&s;ter, <HI>506</HI></ITEM>
<ITEM><HI>Habere facias &s;e&s;inam</HI> upon a recovery by default, <HI>506.</HI> Attachment and form of that, <HI>155.</HI> Proce&s;s of Execution, <HI>283</HI></ITEM>
</LIST>
<LIST>
<HEAD>Recoveries.</HEAD>
<ITEM>IN Court-Baron in ature of a Right Patent. Common recovery in Entry in the Po&s;t, <HI>497.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Replication.</HEAD>
<ITEM>Where the Barr is vicious, is made good by replica|tion, and where not and Jeofailes, <HI>474.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Re&s;cous.</HEAD>
<ITEM>It cannot be brought if the Lord di&s;train within his Fee, and not out, but if one di&s;train doing Damma|ges
<PB REF="315">or not, where out of his Fee he may, <HI>72</HI></ITEM>
</LIST>
<LIST>
<HEAD>Releif.</HEAD>
<ITEM>Shall be paid at full age, if he were not in ward, and for Socage forthwith if he pa&s;&s;e fourteen yeares, <HI>286.</HI> Part of the King yet the other Lord &s;hall not loo&s;e Releife, and two releifs by one, and Tenant dies before notice, <HI>286</HI> Where he is in by di&s;cent he &s;hall pay, and where by purcha&s;e, and Fee farm not, <HI>287.</HI> where Devi&s;e, and where a hundred &s;hillings and a hundred Marks, and grand &s;erieanty, <HI>288.</HI> Corporation &s;hall not pay that, unle&s;&s;e by pre&s;cripti|on, <HI>290.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Re&s;iants</HEAD>
<ITEM>And Suitors to a Leet Who are, <HI>65.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Ryots.</HEAD>
<ITEM>Routs, unlawfull a&s;&s;emblies and forcible entries, <HI>36.</HI> and <HI>37.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Roy.</HEAD>
<ITEM>Ordained of God for Government. The King is alwaies of full age, <HI>2.</HI> To di&s;obey the King or Law is iniquity, <HI>5.</HI> and <HI>6.</HI> He is the Lord of narrow Seas, <HI>45.</HI> He ought to &s;cowre the Sea of Pyrats, <HI>45.</HI> He ought to defend Banks and Sewers of the Sea, <HI>46.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Roigne.</HEAD>
<ITEM>The wife of the King differs from another marryed wife, <HI>2.</HI> A&s;&s;urance of her power <HI>39.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Steward.</HEAD>
<ITEM>ANd his Authority in Leet, and that he is a Judge of Record. <HI>81</HI> &amp; <HI>82</HI> He may amerce any of his own head without cau&s;e. <HI>154</HI></ITEM>
</LIST>
<LIST>
<HEAD>Sei&s;in.</HEAD>
<ITEM>Of what thing it &s;ufficeth to have Ward, A&s;&s;. Advow, and what not. <HI>287</HI></ITEM>
</LIST>
<LIST>
<HEAD>Serement or Oath of Officers.</HEAD>
<ITEM>Of the Reve, Bailiff, and Heyward, &amp;c. <HI>91</HI></ITEM>
<ITEM>De&s;iners, Affirors, Aleta&s;ters, and Con&s;tables. <HI>92</HI></ITEM>
</LIST>
<LIST>
<HEAD>Several Tenancy.</HEAD>
<ITEM><PB REF="315">In what Action it may be pleaded, and where he ought to maintain his Writ, without that, &amp;c. <HI>476</HI></ITEM>
</LIST>
<LIST>
<HEAD>Servant.</HEAD>
<ITEM>See before Husband and Wife. <HI>364</HI></ITEM>
</LIST>
<LIST>
<HEAD>Statutes.</HEAD>
<ITEM>How it &s;hall be expounded and taken by intendment.</ITEM>
</LIST>
<LIST>
<HEAD>Suit of Court.</HEAD>
<ITEM>Suit by Charter or Pre&s;cription. <HI>291</HI></ITEM>
<ITEM>Coparceners, and Joint-tenants. <HI>291</HI></ITEM>
<ITEM>Suit by Coparceners of the King. <HI>292</HI></ITEM>
<ITEM>By Attorney, and not by Tenant in Dower. <HI>293</HI></ITEM>
</LIST>
<LIST>
<HEAD>Tenant in Fee.</HEAD>
<ITEM>Lea&s;e for years upon condition, if he di&s;turbe he &s;hall have Fee. <HI>296</HI> Where the Fee in expectancy, and where executed. <HI>298</HI> See <HI>149.</HI> b. and by devi&s;e <HI>298</HI> Where the Remainder is upon limitation and upon condition. <HI>298</HI></ITEM>
</LIST>
<LIST>
<HEAD>Tenant in Tail.</HEAD>
<ITEM>What is an E&s;tate Tail and what not. <HI>301</HI> Lea&s;e by tenant in taile, <HI>302.</HI> Taile and forfeiture by attainder, <HI>303.</HI> Tenant in taile, rever&s;ion in the King, and rec. Fine with Proclamation, <HI>355.</HI></ITEM>
<ITEM>He charged where he is bound in a Statute or Re|cogni&s;ance, and dyeth, <HI>355.</HI> What is di&s;continu|ance of it, and what not, <HI>355.</HI> What recovery, the I&s;&s;ue in taile may fal&s;ifie, and what not, <HI>307.</HI> Where a double Voucher, and where a &s;ingle is to barr, <HI>308</HI></ITEM>
<ITEM>What debt due to the King &s;hall binde the I&s;&s;ue in taile, <HI>308.</HI> Recovery again&s;t tenant in taile, where the rever&s;ion is in the King, the I&s;&s;ue is not bound, by <HI>34 H. 8. 308</HI></ITEM>
</LIST>
<LIST>
<HEAD>Tenant in Frank-marriage.</HEAD>
<ITEM>After marriage as before, <HI>310.</HI> With a woman that is not cozen, it is no Frank-marriage, <HI>310</HI></ITEM>
<ITEM>After they are divorced, the woman &s;hall have
<PB REF="316">all, and where in Tail, a Free-hold, <HI>310</HI></ITEM>
</LIST>
<LIST>
<HEAD>Tenant after po&s;&s;ibility of I&s;&s;ue extinct.</HEAD>
<ITEM>Shall not have aid, nor wa&s;te, and wa&s;te doth not lie again&s;t him. <HI>312</HI> Is not compellable to attorn, and if he alien, he in Rever&s;ion may enter. <HI>312</HI></ITEM>
</LIST>
<LIST>
<HEAD>Tenant by the curte&s;ie.</HEAD>
<ITEM>VVhere he hath I&s;&s;ue a Daughter that &s;hall not inherit, yet he &s;hall be, and where a woman hath po&s;|&s;e&s;&s;ion in Deed and where not, <HI>312. 313.</HI></ITEM>
<ITEM>A woman attaint, the Husband &s;hall be where he is born alive, and doth not cry he &s;hall be, <HI>313</HI></ITEM>
</LIST>
<LIST>
<HEAD>Tenant in Dower.</HEAD>
<ITEM>See before Dower. <HI>314.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Tenant for life</HEAD>
<ITEM>VVhat is an E&s;tate for life and what not, <HI>320.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Tenant for years.</HEAD>
<ITEM>VVhere the Husband lets dies, and where a Par&s;on, Prebendary, or Tenant in Dower and dies, <HI>320. 321.</HI> VVhere Tenant is and dies without I&s;&s;ue, and where Barr, <HI>321.</HI> Lea&s;e for life, and forthwith another for years, Bi&s;hop only and where he and the Chapter, <HI>323.</HI> He grants &s;o much as &s;hall be behinde the time of his death not good. <HI>303</HI></ITEM>
</LIST>
<LIST>
<HEAD>Tenant at will.</HEAD>
<ITEM>He lets for years this is a Di&s;&s;ei&s;in. <HI>324</HI></ITEM>
<ITEM>Relea&s;e to him is good, he need not attorn Le&s;&s;or dyes, <HI>324</HI></ITEM>
<ITEM>Makes wa&s;te it &s;eems action upon the ca&s;e lies. <HI>324</HI></ITEM>
<ITEM>He &s;hall Hou&s;e-boot, and debt lieth for his Rent, <HI>325</HI></ITEM>
</LIST>
<LIST>
<HEAD>Tenant at &s;ufferance.</HEAD>
<ITEM>VVho is and what Acts he may do and what not, <HI>325.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Tenures.</HEAD>
<ITEM>In cheife is meerly of the King as of his Crown, <HI>406.</HI></ITEM>
<ITEM>Of the King as of an Honour, Ca&s;tle, Mannor are
<PB REF="316">not in cheife <HI>406.</HI> To be held of the Dutchy of Corn waile, Ca&s;tle of <HI>Dover,</HI> of the Honour of <HI>Barkham|&s;tead</HI> are Tenures in cheife, <HI>409.</HI> Of the King in Burgage is Socage, <HI>407,</HI> To hold of us by Fealty and two pence is Socage in cheife, <HI>409.</HI> But where it is of us of the Mannor of <HI>E.</HI> by Fealty and 2d. it is not Socage in cheife, <HI>409.</HI> Grand &s;erianty and petty &s;e|rianty, <HI>409.</HI> Rent held of the King, <HI>409.</HI> Of what Tenure the King &s;hall have the fir&s;t Sei&s;in, <HI>409</HI> Advow&s;on, Fi&s;hing, Me&s;nalty, lies in Tenure, <HI>411,</HI> VVhere he &s;hall hold for that part, <HI>413.</HI> The whole thing, <HI>&amp;c. 412.</HI> Rents of Mona&s;teries gon and not of Chantryes, <HI>414</HI> Office found for the King and o|mit Rent, Coppi-holder, Common, <HI>&amp;c.</HI> and of what ignrvant, <HI>415.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Tre&s;pa&s;&s;e.</HEAD>
<ITEM>It doth not lie where he hath Goods by delivery, if it be not a Servant without Ma&s;ter, <HI>324.</HI> A&s;&s;aults and Affraies <HI>74.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Traver&s;e.</HEAD>
<ITEM>VVhich is but a &s;uppo&s;all, and what matter in deed traver&s;able, <HI>477.</HI> where the Defendant justifies at another day, and ought to traver&s;e before and after and where one only, <HI>480.</HI> Of the County and Town where it is locall, and in another Town in the &s;ame County. <HI>482</HI> where the Defendant ju&s;tifies in tre&s;pa&s;s tran&s;itory in another County he ought to traver&s;e the County, <HI>484.</HI> Tre&s;pa&s;s tran&s;itory Defendant may ju&s;tifie in the &s;ame County in another Town without traver&s;e <HI>484.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Trea&s;ons.</HEAD>
<ITEM>Small Trea&s;ons what they are, <HI>47.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Trea&s;ure trove.</HEAD>
<ITEM>In the Land and in the Sea,. <HI>78.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Triall.</HEAD>
<ITEM>See Court Baron, <HI>225.</HI></ITEM>
</LIST>
<LIST>
<PB REF="317">
<HEAD>Wa&s;te.</HEAD>
<ITEM>BY Guardian in Socage, Tenant by <HI>Elegit</HI> and the remedy <HI>339.</HI> A woman Termor takes a hus|band which makes wa&s;te and dies, the wife &s;hall be charged, otherwi&s;e it is of a Lea&s;e to them, <HI>336.</HI></ITEM>
<ITEM>Against whom it &s;hall be brought, and again&s;t whom not, and where the Statnte &s;hall he rehear&s;ed, <HI>336. 337.</HI> VVhere the Plaintiff &s;hall &s;ay, by demi&s;e or by gift by will <HI>337.</HI> where he &s;hall recover all or but the place wa&s;ted, and what a Guardian &s;hall loo&s;e <HI>337. 338.</HI> what is good Bar in wa&s;t, <HI>338.</HI></ITEM>
<ITEM>It &s;eems it doth not lie again&s;t Tenant by <HI>Elegit,</HI> but Account, but again&s;t a Guardian in Socage. See, <HI>339.</HI> Suffer Land to over-grow with thorns is not, but to drownd, which is clay, or Meadow made Ara|ble, it &s;eems is <HI>330.</HI> Falling by tempe&s;t, where it was uncovered, at the time of the Lea&s;e, by Enemies ali|<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n is not, <HI>331.</HI> To &s;uffer a hou&s;e to be uncovered, that the great timber rots. <HI>331</HI> VVhere a Furnace <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ixed, and where not, <HI>331</HI> Repair before writ, is no <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">&s;te, <HI>331</HI> He may cut Trees to repair, where it is <GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">ayed, and Keynes cut down, and dead wood, <HI>332</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">utting tho&s;e which have u&s;ed to be cut within the&s;e twenty or &s;ixteen years, is not, <HI>333</HI> Cutting VVillows within view, Ha&s;els under great Trees, barking under-woods, is, <HI>332</HI> Cutting wrong-lands, See cutting Keines, <HI>333</HI> To eat the Springs, cutting green wood where there is dead, and white-thorn is. <HI>333</HI> For what one &s;hall be puni&s;hed, and for what not. <HI>332</HI> VVhere it &s;hall be, (which he holdeth) and where which he did hold. <HI>335</HI></ITEM>
</LIST>
<LIST>
<HEAD>Waters.</HEAD>
<ITEM>Fi&s;hing in the Sea, and the Sea flowes, and re|flowes. <HI>46</HI> Common fi&s;hing. <HI>45</HI> Frank fi&s;hing. <HI>46</HI> Se|veral fi&s;hing, and frank fi&s;hing. <HI>46</HI></ITEM>
</LIST>
<LIST>
<PB REF="317">
<HEAD>Waive.</HEAD>
<ITEM>If the Owner make fre&s;h Suit, and brings Ap|peal, and now upon Indictment. <HI>80</HI></ITEM>
</LIST>
<LIST>
<HEAD>Watch.</HEAD>
<ITEM>Of time, and what per&s;ons. <HI>97</HI> wines. <HI>39.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Wreck of the Sea.</HEAD>
<ITEM>He may have that by pre&s;cription. <HI>24</HI> See fre&s;h victuals. <HI>24</HI> what is wreck and what not. <HI>24</HI></ITEM>
</LIST>
<LIST>
<HEAD>Villainage.</HEAD>
<ITEM>How that begun, and villaine Executor, and where &s;ale before &s;ei&s;ure, <HI>326.</HI> VVhere he is infran|chi&s;ed for a time, and where for ever, <HI>327.</HI> Lord or villaine is Plaintiff makes Attorney, or &s;ues <HI>Re|cordare,</HI> is not enfranchi&s;ed, <HI>328.</HI> Perque&s;ite, how the Le&s;&s;. and how the per&s;on &s;hall have, <HI>328.</HI></ITEM>
<ITEM>Lord and Villaine vouch or Imparle, or is made Knight, it is an infranchi&s;ement, and to be of a Ju|ry is infranchi&s;ement, <HI>328.</HI> Enfeoff his Villaine, makes obligation, Lea&s;e is, <HI>328.</HI> See Surrender.</ITEM>
</LIST>
<LIST>
<HEAD>View.</HEAD>
<ITEM>Where the fir&s;t writ abates, he &s;hall have in the &s;econd, and where not, <HI>417.</HI> VVhere &s;hee is outed in Dower, and where not, <HI>417.</HI> See <HI>Dum fuit infra aetatem,</HI> and <HI>Non compos mentis, 518.</HI> In A&s;&s;i&s;e Attaint, <HI>Quod ei deforceat,</HI> Entry in the <HI>Quibus,</HI> he &s;hall not have, <HI>418.</HI> In A&s;&s;i&s;e of Nu&s;ance, <HI>Cu|ria claudenda, Cum in vita, Quod permittat,</HI> Ad|mea&s;urement he &s;hall have, <HI>419.</HI> In A&s;&s;i&s;e of an Office he &s;hall have, <HI>420.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Unques pri&s;t</HEAD>
<ITEM>If he &s;aith yet ready, he ought to tender to the Court; or to &s;ay that it is &s;o heavy, that he cannot bring it with him, <HI>485</HI> Dower, where the Tenant is e&s;&s;oyned, he is not e&s;topped to &s;ay yet ready, <HI>486</HI> Debt, at the <HI>Di&s;tringas</HI> if he cometh, he is not e&s;top|ped,
<PB REF="318">otherwi&s;e it is in Annuity, <HI>485, 486</HI> After Imparlance he &s;hall not &s;ay, yet ready, <HI>486</HI> VVhere he &s;hall &s;ay, Ready at the place, <HI>486</HI> VVhere it is col|lateral, he &s;hall not &s;ay, yet ready, but that he ten|dered at the place, <HI>48, 76, 487</HI> VVhere it is of a thing within, he &s;hall &s;ay, yet ready, and without not. <HI>487</HI></ITEM>
</LIST>
</DIV1>
<DIV1 TYPE="index">
<HEAD>THE TABLE TO THE RETURN of Writs.</HEAD>
<LIST>
<HEAD>A.</HEAD>
<ITEM>ACcedas ad Curiam, <HI>fol. 510.</HI> Account, <HI>517.</HI> Adigas ad curiam, <HI>511.</HI> Adjournment, <HI>546.</HI> Allocat. Com. <HI>526.</HI> A|mendment, <HI>558.</HI> Appearance, <HI>558.</HI> Appeal, <HI>513.</HI> A&s;&s;i&s;e nonet di&s;&s;ei&s;in, <HI>534.</HI> Pro &s;om. A&s;&s;. <HI>643.</HI> Attachment, <HI>513. 558.</HI> Attaint, <HI>530.</HI> Authority of the Sheriffe, <HI>557.</HI> Averment, <HI>559. 557.</HI> Averra elongata, <HI>523.</HI> Averra elongata, &s;ur <HI>2</HI> deliverance <HI>523.</HI></ITEM>
</LIST>
<LIST>
<HEAD>C.</HEAD>
<ITEM>Capias in Debt or Tre&s;pa&s;&s;e, <HI>513. 519.</HI> Capias utlagatnm, <HI>518.</HI> Capias in manus, &amp;c. <HI>553.</HI> Ca<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">as tam Corpus quam terram, <HI>552.</HI> Cepi corpus, <HI>515.</HI> Cepi corpus out of the Exchequer, <HI>552.</HI> Certiorare, <HI>550.</HI> Certiorare &s;ur protection, <HI>546</HI> Certiorare by the Coroners, <HI>550.</HI> Certificate of the Mayor of the Cities, <HI>552.</HI> Certificate of the &s;ecurity of the peace, <HI>551.</HI> Ce&s;&s;avit perbien|nium, <HI>551.</HI> Clericus non habens Laicnm feodum, <HI>562.</HI> Com|mi&s;&s;ion, <HI>551.</HI> Condition upon Replevin, <HI>524.</HI> Counterfeit mo|ney, <HI>517</HI> Corpus cum cau&s;a, &amp; habeas corpora, and many re|turns upon that, <HI>517.</HI> For defect com. <HI>526.</HI> For defect of Coro|ners, <HI>5.26.</HI> for election of Coroners, <HI>549.</HI> Pannel de circum&s;tanti|bus. <HI>531.</HI></ITEM>
</LIST>
<LIST>
<HEAD>D.</HEAD>
<ITEM>Decies tantum, <HI>551.</HI> Dedimus pote&s;tatem, <HI>551.</HI> Deliberatis Se&s;ines <HI>541. 540.</HI> Deliverance in County, <HI>523.</HI> Det ubi pars nibil habet, <HI>521.</HI> Di&s;tre&s;se, <HI>531.</HI> Di&s;tringas Juratores, <HI>532.</HI> Di|&s;tringas ver&s;. Clericum, <HI>532.</HI> Di&s;tringas ver&s;. Executores,
<PB REF="318"><HI>532.</HI> Di&s;tringas po&s;t pone, <HI>531.</HI> Exitus in Scaccario &s;ur Di|&s;tringas <HI>554.</HI> Dower, <HI>535.</HI></ITEM>
</LIST>
<LIST>
<HEAD>E.</HEAD>
<ITEM>Ejectione firma, <HI>513.</HI> Elegit. <HI>540.</HI> Electio Coronatorum, <HI>549</HI> Electio militum Parl. Electio Burgen&s;ium Parl. <HI>545.</HI> Electio Viri|darii, <HI>563.</HI> Inque&s;t, <HI>563.</HI> Inquire of dammages, <HI>563.</HI> Scire facias ver&s;. Executores, <HI>556.</HI> Di&s;tring as ver&s;. Executores, <HI>536.</HI> Excom|mengement, <HI>516.</HI> Exigen, and divers returns upon that, <HI>525.</HI> Exitus, <HI>529.</HI> Exitus, &s;ur Di&s;tringas, <HI>529.</HI> Extent <HI>540.</HI></ITEM>
</LIST>
<LIST>
<HEAD>F.</HEAD>
<ITEM>Fal&s;o judicio, <HI>512.</HI> Favor of the Sheriffe, <HI>532.</HI> Fal&s;e re|turn, <HI>557.</HI> Felonies, <HI>517.</HI> Feme waviata, <HI>527.</HI> Fieri facias, divers times, <HI>537.</HI> Som. in Fore&s;ta, <HI>549.</HI> Viridarius in Fore&s;ta, <HI>549.</HI></ITEM>
</LIST>
<LIST>
<HEAD>G.</HEAD>
<ITEM>Grand Cape, <HI>535.</HI></ITEM>
</LIST>
<LIST>
<HEAD>H.</HEAD>
<ITEM>Habeas corpus, divers returns of that, <HI>515, 516.</HI> Habeas corpus Juratorum in Debt, <HI>530.</HI> Habeas corpus in attaint, <HI>530.</HI> Aliter in the Chancery, <HI>541.</HI> Habere facias Se&s;inam, <HI>542</HI> Ha|bere facias vi&s;um, <HI>524.</HI> Homine replegiando, <HI>524.</HI> Plaint in Court Hundred, <HI>511.</HI></ITEM>
</LIST>
<LIST>
<HEAD>I.</HEAD>
<ITEM>Incertain, and where not, <HI>595.</HI></ITEM>
</LIST>
<LIST>
<HEAD>K.</HEAD>
<ITEM>Kalendarum pro Se&s;&s;. <HI>544.</HI></ITEM>
</LIST>
<LIST>
<HEAD>L.</HEAD>
<ITEM>Languidus, &s;ur Capias, <HI>515.</HI> Languidus &s;ur redd. &s;e &s;ur exi|gent. <HI>528.</HI> Languidus &s;ur Felony, <HI>515.</HI> Latitat. <HI>514.</HI> Levare facias, <HI>539.</HI> Liberty, <HI>514.</HI> London, <HI>567.</HI></ITEM>
</LIST>
<LIST>
<HEAD>M.</HEAD>
<ITEM>Mandavi Bailivo Libertatis, <HI>514.</HI> Pro ordine militis recipi|end. <HI>546.</HI> Pro &s;ummum militum Parliamenti, <HI>545.</HI> pro electione militum Parliamenti, <HI>545.</HI> Mortui &s;unt, <HI>527. 568.</HI> S. Mort. &s;ur Ex|igent, <HI>514.</HI> Murder, <HI>517.</HI></ITEM>
</LIST>
<LIST>
<HEAD>N.</HEAD>
<ITEM>Ne exeat Regnum, <HI>548.</HI> Nihil, <HI>539. 540. 552,</HI> Non omittas <HI>556</HI> Nomme del Vicount, <HI>556.</HI> Nullus vemt pro querente, <HI>571.</HI></ITEM>
</LIST>
<LIST>
<HEAD>O.</HEAD>
<ITEM>Ordinum militum recipiend., <HI>546.</HI> Original in Debt or Tre&s;pa&s;&s;e, <HI>512. 513.</HI></ITEM>
</LIST>
<LIST>
<HEAD>P.</HEAD>
<ITEM>Pannel, <HI>530. 531.</HI> Partitione facienda, Pa<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">l. <HI>543.</HI> Part &s;erve pe<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">le Vi&s;count, <HI>571.</HI> Pledges, <HI>571.</HI> Pluries Repleg. <HI>524.</HI> Pone &s;ue Re|pleg.
<PB REF="319"><HI>598.</HI> Pone in Debt o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Tre&s;pa&s;&s;e, <HI>509.</HI> Po&s;&s;e comitatus, <HI>572.</HI> Pre|cipe &s;econd deliverance, <HI>523.</HI> Premunire, <HI>548.</HI> Proclamation &s;ur exigent, <HI>525.</HI> Proclamation pro Regina, <HI>546.</HI> Certiorare &s;ur prote|ction.</ITEM>
</LIST>
<LIST>
<HEAD>Q.</HEAD>
<ITEM>Quare impedit, <HI>572.</HI> Quis e&s;t tenens, <HI>554.</HI> Quo warrant. <HI>551.</HI></ITEM>
<ITEM>Quo jure <HI>537.</HI></ITEM>
</LIST>
<LIST>
<HEAD>R.</HEAD>
<ITEM>Re, fa, lo. <HI>509.</HI> Recordo deliberando, <HI>572.</HI> Reddidit &s;e &s;ur exi|gent, <HI>527.</HI> Regula, <HI>518.</HI> Replegiare, <HI>522.</HI> Re&s;cous, <HI>520.</HI> Re-&s;ei|&s;ure, <HI>523. 575.</HI> Re&s;titutio &s;ur Fieri facias, <HI>539.</HI> Returno ha|bendo. <HI>522.</HI></ITEM>
</LIST>
<LIST>
<HEAD>S.</HEAD>
<ITEM>Sanctuarie, <HI>514.</HI> Scire facias, Mults, Returns de cer. <HI>336 556. 573.</HI> Second deliverance, <HI>523.</HI> Certificate &s;ecuritatis pacis <HI>533.</HI> Sei&s;in, <HI>541.</HI> Speciall Return, <HI>575.</HI> Super&s;edeas &s;ur capias, <HI>515.</HI> Super&s;edeas po&s;t cepi corpus, <HI>515.</HI> Super&s;edeas &s;ur Exi|gent, <HI>527.</HI> Super&s;edeas &s;ur Fieri facias, <HI>539.</HI> Supplicavit <HI>558. 547.</HI> Sum Militis, <HI>536.</HI> Sum. A&s;&s;. <HI>43.</HI> Sum. &s;e&s;&s;ions, <HI>544.</HI> Sum in Fore&s;ta, <HI>549.</HI> Sum. in terra petita, <HI>73</HI></ITEM>
<ITEM>Tales de circum&s;tantibus, <HI>531.</HI> Tarde &s;ur Di&s;tringas, <HI>53<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> Tarde &s;ur Di&s;tringas Juratores, <HI>532.</HI> Tarde &s;ur capias, <HI>53<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> Te&s;t. nuper Vicecom. <HI>550.</HI> Te&s;tatum, <HI>525.</HI> Trea&s;on, <HI>518.</HI> Tre<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> pa&s;&s;e <HI>516. 536</HI></ITEM>
</LIST>
<LIST>
<HEAD>V.</HEAD>
<ITEM>Venditioni exponend. <HI>555.</HI> Venire facias. <HI>529. 554.</HI> Venin facias, hor. de Exchequer in office of the Coroner, <HI>554.</HI> Vi&s;count, <HI>577.</HI> View, <HI>541.</HI> Viridario eligendo <HI>549.</HI> Vi&s;net. <HI>576.</HI> Utlag. &s;u exigent, <HI>518. 529</HI></ITEM>
</LIST>
<LIST>
<HEAD>W.</HEAD>
<ITEM>We&s;t, <HI>542. 575.</HI> Withernam, <HI>525</HI></ITEM>
</LIST>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
