¶
Prerogatiua
regis
,
edita
,
Anno.
17.
E.
2.
Cha.
1.
DOminus
Rex
habebit
custodiam
omnium
terrarum
eorum
qui
de
ipso
tenent
in
capite
per
seruicium
militare
de
quibus
ipsi
tenentes
fuerunt
seisiti
in
dominico
suo
vt
de
feodo
die
quo
obierunt
de
quocunque
tenuerint
per
huiusmodi
seruitium
dum
tamen
ipsi
tenuerunt
de
rege
aliquod
tenementum
ab
antiquo
de
corona
vsque
ad
legittimam
aetatem
heredis
:
Exceptis
feodis
Archiepiscopi
Cantuariensis
,
Episcopi
dunolm̄
inter
Tine
et
Tese
,
feodis
Com̄
et
Baronum
de
marchia
de
terris
in
marchia
vbi
breuia
domini
regis
non
currunt
.
Et
vnde
predict'
archiepiscopus
,
ep̄us
Com̄
et
Baron̄
habeant
huiusmodi
custodiam
licet
alibi
tenuerunt
de
Rege
.
Prerogatiua
is
as
muche
to
saye
as
a
priuilege
or
preeminence
that
any
person
hath
before
another
whiche
as
it
is
tollerable
in
some
,
so
it
is
most
to
be
permitied
and
allowed
in
a
prince
or
soueraine
gouernor
of
a
realme
.
For
besydes
that
,
that
he
is
the
most
excellentest
&
worthiest
parte
or
member
of
the
comon
body
of
the
welth
,
so
is
he
also
(
through
his
good
gouernaunce
)
the
preseruer
,
nourisher
,
and
defender
of
all
the
people
beeing
the
rest
of
the
same
bodye
.
And
by
his
great
trauailes
studie
and
labours
they
enioy
not
onlye
their
lifes
landes
and
goodes
,
but
all
that
euer
they
haue
besides
in
rest
peace
and
quietnes
,
as
Seneca
sayethe
:
des
heirs
nequedent
si
ils
y
eyent
ascuns
qui
auncestre
morust
seisie
de
ascun
terre
tenu
de
nous
en
chief
des
aunciens
demeanes
de
nostre
corone
volons
auer
les
gardes
de
touts
les
terres
dont
appent
que
deiuent
descend
a
ceux
heirs
come
lour
heritage
ouesque
touts
les
blees
en
teles
terres
troues
maintefoits
de
qui
fees
que
les
terres
sont
.
Britton
here
not
only
agreeth
with
the
other
,
but
also
geueth
the
king
the
corne
growing
vpon
the
groundes
which
the
kinges
tenant
holdeth
at
the
tyme
of
his
death
.
li.
ass
.
for
in
bothe
these
cases
they
bee
the
kinges
tenauntes
,
and
hold
of
him
by
knightes
seruice
in
capite
,
for
tenaunt
en
dower
in
the
kinges
cas
holdeth
not
of
the
heire
but
onelye
of
the
kinge
,
as
it
shal
appeare
more
fully
hereafter
.
But
if
he
in
the
reuercion
bee
not
heire
of
the
landes
holden
of
other
in
the
cases
aboue
remembred
otherwise
it
is
.
But
what
if
he
in
the
reuercion
haue
the
same
reuercion
by
purchace
and
not
by
discent
whether
shall
the
king
then
haue
his
prerogatiue
or
not
?
and
as
to
that
it
shoulde
seeme
by
the
newe
Natura
breuium
fo.
259.
that
the
kinge
shall
haue
his
prerogatiue
in
that
case
also
,
for
there
the
remainder
was
to
the
heire
and
to
his
wife
and
to
the
heires
of
theire
two
bodyes
lawfully
begotten
,
and
the
husbande
in
the
remainder
dyd
sue
liuere
,
howbeit
against
the
law
as
me
semeth
,
ideo
quere
.
but
if
the
case
in
the
saide
newe
Natura
breuium
had
been
,
that
landes
holden
by
knightes
seruice
in
capite
had
beene
geuen
to
one
for
terme
of
his
lyfe
the
remainder
ouer
in
fee
which
parson
in
the
remainder
hath
issue
and
dyeth
and
tenaunt
for
terme
of
lyfe
holdeth
landes
of
other
Lordes
and
dyeth
whiche
discende
to
the
issue
that
is
in
the
remainder
,
there
it
might
be
saide
that
the
king
shoulde
haue
prerogatiue
in
the
whole
like
as
he
had
in
the
cases
before
remembred
of
tenaunt
by
the
curtesie
and
tenant
in
dower
,
for
like
reason
will
serue
in
the
one
case
that
serueth
in
the
other
.
The
woordes
of
the
Statut
be
further
,
de
quibus
ips●
tenentes
fuerunt
seisiti
in
dominico
suo
vt
de
feodo
die
quo
obierunt
de
quocunque
tenuerint
.
These
woordes
rather
apperteigne
vntoo
the
landes
holden
of
other
then
too
the
Landes
holden
of
the
Kinge
in
Capite
,
as
it
shoulde
appeare
by
the
cases
beefore
remembred
,
and
then
by
these
woordes
the
kinges
tenaunt
in
his
life
tyme
must
himselfe
bee
seased
either
in
possession
or
reuercion
of
those
landes
that
hee
holdeth
of
a
common
person
that
shall
dyscende
vnto
his
heire
,
For
if
hee
were
neuer
seased
thereof
but
they
discende
vnto
his
heire
from
some
other
auncestor
,
the
king
shall
not
haue
his
prerogatiue
in
them
as
appeareth
in
15.
in
lure
corone
:
For
they
bee
barronies
,
which
can
be
holden
of
none
other
then
of
the
kinge
in
capite
,
and
then
by
the
common
lawe
,
I
take
it
he
were
no
better
then
a
common
person
:
yet
his
highnes
must
haue
the
wardshippe
of
them
that
holde
of
those
temporalties
by
knightes
seruice
if
they
falle
duringe
the
time
the
saied
temporalties
be
in
his
hands
with
such
landes
as
they
holde
of
those
temporalties
but
not
with
such
lands
as
theye
holde
of
other
,
and
than
must
the
heire
thereof
when
he
commeth
to
his
ful
age
sue
a
liuere
as
shalmore
plainly
appeare
when
we
come
to
the
thirde
chapiter
of
this
prerogatiue
.
The
wordes
of
the
statute
before
resited
are
,
in
dominico
suo
:
this
woorde
demeane
is
not
here
taken
to
bee
the
verie
possession
or
takyng
of
the
profits
,
for
if
the
kinges
tenaunt
dye
seased
but
of
a
reuercion
or
of
a
remaynder
in
landes
holden
of
a
common
person
and
duringe
the
minoritye
of
his
sonne
the
particuler
tenaunte
dyethe
,
the
kynge
(
this
notwithstanding
)
shall
haue
this
lande
in
warde
as
he
hath
the
rest
as
it
may
appeare
.
22.
H.
6.15
.
E.
4.
&
.
46.
E.
●
.
&
.
T.
12.
R.
2.
But
take
the
case
to
bee
that
the
kinges
tenaunte
dye
not
seased
but
is
disseised
and
dyethe
,
whether
in
this
case
the
kynge
maye
haue
prerogatyue
or
not
,
and
it
semethe
that
hee
may
,
for
in
all
suche
cases
where
the
heire
hath
a
right
of
entre
,
the
kynge
may
entre
in
name
of
the
heire
and
holde
it
afterwarde
in
warde
:
but
yf
the
heire
haue
but
a
title
of
entre
or
ryghte
of
accion
it
seemethe
to
be
otherwise
,
howebeit
looke
for
those
ma●●ers
in
the
sayde
booke
of
15.
E.
4.
&
.
12.
H.
7.
&
.
18.
Edwardi
tertii
lib.
ass.
P.
18.
Exceptis
feodis
archiepi
.
cantuar'
&c.
This
exception
extendes
not
to
the
bodie
,
wherefore
the
kynge
shall
holde
that
in
warde
againste
al
men
,
but
it
extendes
to
suche
landes
as
are
holden
of
these
persones
exempted
by
this
statut
.
Put
case
then
that
anie
of
these
persones
pourchace
a
seignorie
since
the
tyme
of
the
makynge
of
this
statute
,
shall
the
kynge
haue
hys
prerogatiue
in
the
landes
holden
of
that
seignorie
or
not
?
And
it
is
clere
he
shal
notwithstandynge
the
aforesayde
woordes
of
exception
:
for
theye
doe
not
extende
but
to
suche
fees
as
we
are
theyrs
at
the
time
of
the
makynge
of
this
statut
.
Then
further
,
for
asmuche
as
there
bee
diuers
statutes
concernynge
wardeshyppe
made
aswell
beefore
as
since
the
time
of
kynge
Edwarde
the
seconde
,
let
vs
see
whether
this
prerogatiue
wyl
extende
to
those
statutes
or
not
,
and
it
seemethe
it
dothe
,
for
asmuche
as
this
prerogatiue
hathe
beene
euer
from
the
beginninge
as
I
haue
sayde
before
:
And
therefore
if
the
kynges
tenaunte
beeinge
seased
of
landes
holden
of
a
common
parson
makethe
a
feffement
therof
by
collusion
contrarie
is
the
statute
of
Marlebridge
to
defraude
the
lord
of
the
wardshippe
and
diethe
,
the
king
hauing
his
heire
in
warde
&
this
matter
founde
by
office
shall
sease
vpon
a
Scire
facias
if
the
collusion
be
auerrable
,
or
without
a
Scire
facias
,
if
the
collusion
be
apparaunt
&
hold
the
same
in
warde
by
force
of
this
prerogatiue
,
&
that
appeareth
in
.
9.
H.
4.
So
likewise
wher
the
statute
made
in
4.
H.
7.
cesty
que
vse
shall
bee
in
warde
.
Put
case
that
the
kynges
tenaunte
in
capite
before
the
statute
in
Anno.
27.
H.
8.
had
made
a
ferfement
of
lands
which
he
holdethe
of
a
common
per●one
to
the
vse
of
hymselfe
&
his
heires
and
died
before
that
statute
,
in
this
case
the
kinge
shoulde
haue
hadde
his
prerogatiue
in
the
Landes
so
beynge
put
in
feoffament
to
an
vse
euen
as
if
his
tenaunt
had
died
seased
thereof
,
Hill
'
in
the
.24
.
yere
of
kyng
E.
3.
Learne
the
reason
of
these
bokes
,
for
it
should
seme
to
me
the
lawe
to
be
otherwise
,
because
that
al
mesne
seignories
are
suspended
duringe
the
time
the
kyng
hathe
the
tenauncye
in
warde
,
if
it
bee
not
per
case
for
the
surplusage
of
a
rent
seruice
whiche
the
mesne
maye
sue
for
to
the
kynge
by
waye
of
peticion
:
and
to
saye
that
the
heire
shal
be
charged
at
his
full
age
withe
the
sayde
rentes
it
weare
noe
reason
,
for
then
bothe
his
lande
shoulde
bee
in
warde
,
and
yet
he
charged
to
pay
rent
for
the
same
:
wherefore
it
semeth
that
these
bokes
are
against
the
law
.
And
with
me
agreeth
Bracton
in
his
first
boke
in
the
chapiter
de
custodia
where
he
saieth
,
Et
cum
tali
ratione
sint
aliorum
feoda
in
manu
do
mini
regis
pred'
ratione
alij
capitales
domini
feod'
illorum
ni
hil
poterint
exigere
de
terris
et
tentis
illis
nec
in
seruic'
nomi
nat'
nec
in
auxiliis
ad
filiam
maritandam
vel
filium
primogenit'
militem
faciendum
vel
in
sectis
quandiu
terre
fuerunt
in
manu
domini
regis
,
sed
precipiet'
vic'
qd'
hm̄odi
distringere
non
permittat
.
Howebeit
Bracton
in
his
said
booke
in
the
chapiter
,
De
releuijs
saieth
,
that
the
heire
at
his
full
age
shall
pay
his
reliefe
to
euerie
of
his
lordes
notwithstanding
he
hathe
ben
in
warde
,
quod
nota
:
for
in
al
other
cases
he
neuer
paiethe
reliefe
that
is
to
saye
where
he
hathe
bene
in
ward
,
and
hee
makethe
no
other
reason
for
it
butte
this
.
s.
quod
hoc
est
speciale
in
rege
propter
suum
priuilegium
:
and
so
is
the
booke
in
the
.24
.
The
seconde
chapiter
.
ITem
Rex
habebit
maritagium
hered'
infra
etatem
&
in
custodia
sua
existent
siue
terre
hered'
eorundem
sint
ab
antiquo
de
corona
siue
de
eschaetis
quae
sunt
in
manu
domini
Regis
siue
habuerit
maritagium
ratione
custod'
terrarum
dn̄orum
eorundem
hered'
nullo
habito
respectu
ad
prior'
feoffamenti
licet
de
alijs
tenuerunt
.
All
that
is
contayned
in
this
Chapiter
was
the
kynges
prerogatiue
by
the
order
of
the
common
lawe
,
as
it
maye
appeare
in
the
bokes
of
Bracton
and
Britton
in
the
places
before
noted
,
and
in
a
boke
in
the
24.
yeare
of
kyng
Edward
the
thyrde
where
it
is
sayde
that
no
lorde
can
be
more
auncienter
than
the
kynge
,
for
all
was
in
hym
and
came
from
hym
at
the
begynninge
.
And
therefore
his
highnesse
muste
haue
prerogatiue
in
the
bodye
of
whosoeuer
the
infaunte
holdeth
besides
,
bee
it
that
the
landes
are
holden
of
the
kynges
highnes
as
of
the
auncientnes
of
his
Corone
or
of
hys
newe
escheates
,
or
come
vnto
hym
as
warde
by
reason
of
wardshippe
,
or
that
his
highnesse
doe
pourchace
the
seignorie
of
hym
that
is
lorde
by
posterioritie
,
or
pourchaseth
a
manor
holden
of
one
of
his
honors
,
whiche
are
of
his
newe
eschetes
,
of
whiche
maner
th
auncester
of
th
infaunt
helde
by
posterioritie
:
in
all
these
cases
the
kynge
shall
bee
preferred
to
the
wardeshippe
of
the
bodye
and
mariage
beefore
anye
other
lorde
of
whom
the
auncester
also
helde
them
daye
of
his
death
by
priority
of
feffement
,
that
is
to
saye
,
more
auncient
feoffement
:
howe
be
it
in
these
cases
hys
highenesse
shall
not
haue
wardeshippe
in
the
landes
holden
of
thother
lordes
,
beecause
his
tenaunte
helde
not
of
hym
in
ch●efe
,
but
onelye
shall
haue
preferrement
in
the
body
and
mariage
beefore
all
other
.
Then
since
the
common
lawe
and
statute
dothe
geue
the
kinge
this
prerogatiue
,
let
vs
see
whether
his
highnesse
maye
by
grauntinge
away
his
seignorie
to
an
other
,
graunt
also
with
the
same
his
prerogatiue
to
the
grauntee
,
that
is
to
saye
,
wheather
his
grauntee
shall
haue
the
same
prerogatiue
in
the
bodye
of
the
chylde
as
his
highnes
mighte
haue
hadde
,
The
thyrde
chapiter
.
ITem
Rex
habebit
seisinam
post
mortem
eorum
qui
de
eo
tenent
in
capite
de
omnibus
terris
et
tenementis
de
quibus
ipsi
fuerunt
seisiti
in
dominico
suo
vt
de
feodo
cuiuscunque
etatis
heredes
eorum
fuerint
,
capiend'
exitus
eorundem
terrarum
&
tenementorum
donec
facta
fuerit
inquisitio
prout
moris
est
,
et
ceperit
homagium
huiusmodi
hered'
.
In
the
.52
.
yeare
of
kynge
Henry
the
thirde
longe
time
beefore
the
wakynge
hereof
was
there
an
other
statute
made
at
Marlebridge
concerning
this
matter
:
In
the
.16
.
chapiter
whereof
it
is
thus
prouyded
.
De
hereditate
autem
que
de
dno
rege
tenetur
in
capite
sic
obseruand'
est
,
vt
dominus
Rex
primam
habeat
inde
seisinam
sicut
prius
inde
habere
consue
uit
,
nec
heres
nec
alius
in
hereditatem
illam
se
intrudat
,
priusquam
illam
de
manibus
domini
regis
recipiet
prout
huiusmodi
hereditas
de
manibus
ipsius
et
antecessorum
suorum
recipi
consueuerit
,
et
hoc
intelligatur
de
terris
feodis
que
ratione
seruicij
militaris
,
socagij
,
vel
seriantiae
,
siue
iure
patronatus
,
in
manibus
domini
regis
esse
confueuerunt
.
Both
these
statutes
declare
themselfes
to
bee
of
none
other
force
then
as
a
confirmation
of
that
,
that
was
the
kynges
prerogatiue
by
the
order
of
the
comon
lawe
,
as
it
may
appeare
by
these
wordes
,
prout
moris
est
,
sicut
prius
habere
consueuit
,
recipi
consueuerit
,
esse
consueuerunt
.
And
therewyth
agreeth
also
Britton
.
fo.
167
The
woordes
of
the
statute
bee
,
Rex
habebit
primam
seisinam
,
what
prima
seisna
is
,
it
is
declared
by
the
words
that
follow
.
s.
capiendo
omnes
exitus
&c.
by
whiche
words
it
may
appeare
the
kynge
shal
not
onelye
seise
,
but
also
receaue
the
hole
profites
tyll
lyuerye
bee
sued
,
which
suit
moste
commonlye
hathe
bene
and
is
within
the
yeare
and
daye
nexte
after
the
deathe
of
his
tenaunt
,
and
therefore
the
kynge
vsethe
to
take
no
more
then
the
firste
fruites
,
that
is
to
saye
one
yeares
profites
if
there
bee
not
apparaunt
defaulte
in
the
heire
that
hee
will
not
sue
hys
lyuerie
,
in
whiche
case
then
the
kynges
highnesse
shall
bee
aunswered
of
all
the
profytes
taken
tyll
lyuerye
be
sued
,
or
at
the
least
tended
and
after
pursued
withe
effecte
,
yea
and
if
it
bee
a
generall
lyuerie
and
not
ryghtefullye
pursued
accordinge
to
the
order
of
the
lawe
,
the
kynge
shall
reseise
and
bee
aunswered
of
all
the
meane
profites
from
tyme
of
suyng
of
the
sayd
lyuerye
,
for
when
the
lyuerie
is
missued
it
is
as
it
had
beene
neuer
sued
.
Howebeit
thys
reseisure
shall
not
bee
wytheoute
a
Scire
facias
,
as
I
shall
thereof
speake
more
at
large
hereafter
.
But
yf
the
heyre
or
he
that
should
sue
lyuerie
doe
make
a
rightfull
suite
for
the
same
according
to
th
order
of
the
lawe
,
and
asmuche
as
in
hym
lyethe
to
do
to
haue
liuerye
,
howebeeit
the
kynge
will
not
but
will
bee
aduised
ere
hee
make
hym
lyuerie
,
and
so
protracte
the
time
,
in
this
case
his
highenesse
of
ryghte
maye
not
haue
the
profites
from
the
tyme
the
partye
was
thus
delayed
,
but
ought
to
restore
them
vnto
the
partye
vppon
his
lyuerye
,
as
maye
appeare
in
the
firste
yeare
of
Henrye
the
seuenthe
.
Ouster
le
main
vna
cum
exitibus
,
Ouster
le
main
vna
cum
exitibus
,
as
it
appearethe
in
.
14.
H.
4.
18
E.
3.
&
.
24.
Edwarde
the
thirde
.
Like
law
it
is
where
.ij.
hold
iointly
of
the
king
,
&
the
one
dyethe
,
and
this
matter
founde
by
office
,
and
yet
that
notwithstandynge
the
kynge
seises
,
hee
that
suruiues
shall
haue
an
Ouster
le
mayn
vna
cum
exitibus
,
as
it
appearethe
in
the
boke
of
Assises
44.
Ouster
le
maine
is
vna
cum
exitibus
the
king
ought
not
to
haue
seiseised
,
and
so
sayethe
Thorp
45.
E.
3.
The
words
of
the
statute
be
further
,
Post
mortem
eorum
qui
de
eo
tenent
Vpon
this
:
it
is
to
bee
sene
at
what
time
after
the
kynges
tenants
deathe
this
lyuerie
shall
be
sued
.
If
the
possession
of
the
free
holde
immediatlye
after
the
deathe
of
the
kynges
tenaunte
discende
vnto
his
heire
it
is
to
bee
sued
fourthwithe
,
and
yf
but
onelye
a
reuercion
discende
,
then
it
is
not
to
be
sued
tyl
after
the
death
of
the
particular
tenaunt
,
as
it
may
appeare
in
the
newe
Natura
breuium
f.
291.
where
the
heire
sued
not
lyuerie
tyll
after
the
deathe
of
the
tenaunt
by
the
curtesye
,
tenaunt
in
dower
,
and
tenaunt
for
terme
of
lyfe
.
But
learne
what
the
lawe
shoulde
haue
beene
if
the
kynges
tenant
hadde
dyed
seised
of
a
reuersion
whereupon
rent
had
beene
reserued
,
hys
heire
of
full
age
,
whether
hee
should
haue
them
sued
liuerie
fourthwith
,
or
els
to
haue
taried
tyll
the
deathe
of
the
particuler
tenaunt
for
in
the
seuenthe
yeare
of
kyng
Henrye
the
sixte
Iune
thinks
he
should
tary
or
els
it
might
followe
the
kynge
should
haue
double
lyuerie
that
is
to
say
one
for
the
rent
an
other
for
the
lande
,
&
fol.
2●●
.
But
in
euerye
of
these
cases
theye
to
whom
the
bodye
belongeth
shall
haue
an
Ouster
le
main
of
the
landes
vna
cum
exitibus
that
ys
to
saye
the
lordes
of
whom
the
land
is
so
holden
by
knights
seruice
in
th
one
case
,
and
the
Prochein
amy
in
the
other
case
.
But
wher
the
landes
bee
holden
of
the
kynge
in
Socage
in
capite
,
&
the
heire
of
the
age
of
14.
yeares
at
the
deathe
of
his
auncester
,
there
the
kyng
shal
haue
primier
seisin
and
the
heir̄
dryuen
to
sue
lyuerie
,
for
there
is
no
persone
that
can
make
anye
title
to
the
heire
or
his
landes
but
onelye
the
kynge
,
and
therefore
the
king
must
haue
his
primier
seisin
,
&
the
heire
driuen
to
sue
his
liuerie
by
expresse
woords
of
the
foresaid
statut
of
Marlebridge
,
&
so
it
seemeth
also
in
that
case
that
his
highnes
shall
haue
primier
seisin
in
landes
holden
of
other
,
so
they
be
holden
but
in
Socage
,
for
the
reason
aboue
remembred
,
Tamen
quere
.
The
woordes
of
the
statute
bee
farther
,
de
omnibus
terris
et
tenementis
de
quibus
ipsi
seisiti
fuerunt
in
dominico
suo
vt
de
feodo
.
These
wordes
may
bee
conferred
and
coupled
with
the
firste
chapiter
of
this
statute
of
prerogatiue
whiche
hath
the
verye
selfe
same
wordes
.
And
therefore
looke
in
what
cases
noted
vppon
the
firste
chapiter
the
king
hath
his
prerogatiue
by
reason
of
wardship
,
In
al
the
same
cases
shall
his
highnes
haue
prerogatiue
by
reason
of
primer
seisin
if
the
heire
weare
of
full
age
at
the
deathe
of
his
auncester
.
Wherfore
to
reherce
them
here
particularly
it
were
but
superfluous
,
except
it
bee
in
the
case
onely
of
collusion
geuen
by
the
statute
of
Marlebridge
where
the
heyre
is
within
age
,
beecause
it
speaketh
nothinge
of
the
heire
that
is
of
full
age
.
And
therefore
in
that
case
it
seemes
the
kyng
cannot
haue
lyke
benefyte
of
primier
seisin
as
hee
hathe
of
wardeshippe
,
when
the
heire
is
wythein
age
.
Howebeeit
there
is
a
booke
in
that
pointe
lefte
at
large
whiche
is
17.
E.
3.
&
7.
E.
3.
&
there
the
case
was
.
Ideo
quere
.
The
woords
of
the
statut
be
farther
,
Cuiuscunque
etatis
heredes
ipsorum
fuerint
.
To
these
woordes
also
shall
the
firste
chapiter
of
this
estatute
haue
relacion
,
for
they
plainly
declare
that
if
the
heire
were
within
age
at
the
deathe
of
his
auncester
,
the
kyng
shal
haue
primer
seisin
and
the
heire
driuen
to
sue
his
lyuerie
,
notwithstandinge
also
the
kynge
haue
had
the
wardshippe
of
hym
.
For
the
wordes
be
generally
spoken
and
maye
be
extended
aswell
where
hee
was
within
age
at
the
deathe
of
his
auncester
,
as
where
hee
was
of
full
age
.
And
so
hathe
it
beene
euer
vsed
,
sauinge
that
where
hee
hath
been
in
ward
hee
payethe
but
one
halfe
yeares
profite
for
primer
seisin
,
and
in
the
other
case
hee
payethe
the
hole
.
The
woordes
of
the
statute
bee
farther
,
capiendo
omnes
exitus
eorundem
terrarum
&
tenementorum
,
donec
facta
fuerit
inquisitio
pro
ut
moris
est
et
ceperit
homagium
hered'
.
By
these
woordes
it
maye
appeare
that
the
kynge
after
the
deathe
of
hys
tenaunte
and
beefore
anye
office
founde
,
mighte
seise
the
landes
and
take
the
profites
,
whiche
thinge
surelye
is
true
,
as
plainelye
is
proued
by
the
writte
of
Diem
clausit
extremum
whiche
hath
these
woords
Cape
in
manum
nostram
omnia
terras
&
tenementa
&c.
donec
aliud
inde
perceperimus
&
per
sacrum
proborum
hominum
diligenter
inquiras
&c.
So
the
seiser
goethe
before
the
inquisition
,
howebeit
since
the
statut
made
at
Lincolne
Anno.
29.
E.
1
called
statutum
de
Escaetoribus
it
is
not
vsed
to
seise
tyll
office
bee
founde
,
and
then
the
kyng
to
bee
aunswered
of
all
the
profites
since
hys
tenaunts
decease
,
whiche
commethe
all
to
one
effecte
.
And
that
statute
dothe
not
restrayne
the
seiser
,
but
that
thercheator
maye
seise
at
this
daye
withoute
office
.
By
the
aforesaid
statute
of
Marlebridge
cap.
16.
it
is
expounded
and
playnelye
set
foorthe
of
what
lands
and
fees
the
kynge
shall
haue
primer
seisin
,
for
these
bee
the
woordes
.
Et
hoc
intelligatur
de
terris
&
feodis
que
ratione
seruicij
militaris
,
socagij
,
vel
seriāciae
,
sine
iure
patronatus
,
in
manibus
domini
regis
esse
consueuerunt
.
By
these
woordes
it
maye
appeare
that
he
that
is
warde
beecause
of
wardeshyppe
shall
sue
lyuerye
,
or
where
one
holdethe
of
the
kynges
warde
by
knyghtes
seruice
or
in
Socage
and
dyethe
hys
heire
of
full
age
,
the
king
shall
haue
primer
seisin
of
the
landes
,
that
are
so
holden
of
hys
warde
,
and
the
sayde
seconde
heire
dryuen
to
doe
hys
homage
or
fealtye
as
the
case
shall
require
to
the
kynge
,
and
allso
to
paye
hys
reliefe
vnto
hym
,
and
to
sue
lyuerye
of
the
sayde
landes
as
it
appearethe
hee
dyd
in
the
newe
Natura
breuium
fol.
294.
&
295.
For
it
is
withein
the
compas
of
these
woordes
,
que
ratione
seruitij
militaris
.
So
ys
it
yf
the
kynge
haue
a
Byshoppes
temporalties
in
his
hands
duryng
the
time
that
See
is
vacant
,
and
one
that
holdeth
of
that
temporalties
by
knyghtes
seruice
or
in
Socage
dyethe
hys
heire
wythein
age
,
in
this
case
,
after
that
the
kynge
hathe
hadde
the
wardeshippe
,
the
heire
at
his
full
age
shal
paye
primer
seisin
and
sue
hys
liuerye
.
And
so
shall
he
doe
yf
hee
bee
of
full
age
at
the
tyme
of
the
death
of
hys
auncester
,
for
the
woordes
of
the
statute
bee
,
De
feodis
quae
iure
patronatus
in
manibus
domini
regis
esse
consueuer'
,
and
therwithe
agreethe
the
newe
Natura
breuium
folio
.
286.
Butte
learne
yf
the
kings
tenant
in
chiefe
dye
,
hys
heire
of
full
age
and
one
that
holdethe
of
the
heire
beefore
hee
hathe
sued
his
lyuerie
dyethe
,
his
heire
allso
beeynge
of
full
age
,
whether
in
thys
case
the
kynge
shall
haue
primer
seisin
of
the
landes
of
the
seconde
heire
or
noe
,
as
hee
shoulde
haue
hadde
yf
the
heire
of
his
tenaunte
hadde
beene
wythein
age
,
and
in
the
kynges
warde
at
the
time
when
this
seconde
heire
dyd
falle
,
and
it
seemethe
to
mee
hee
shall
,
for
the
reason
made
afore
.
Thanne
laste
of
all
whether
this
prerogatiue
extende
to
anye
statute
made
since
the
tyme
of
kynge
Ed.
2.
and
it
seemes
it
dothe
,
and
that
for
the
reason
noted
in
the
first
chapiter
,
as
the
feffees
of
Cestuy
que
vse
,
before
the
statut
made
in
the
.27
.
yere
of
kyng
H.
8.
vsed
to
sue
an
Ouster
le
mayn
sine
exitibus
,
whiche
was
in
nature
of
a
lyuere
for
the
heire
of
cestuy
que
vse
which
had
bene
inward
.
Item
for
asmuche
as
there
be
exceptions
in
the
firste
chapiter
and
none
in
this
,
whether
theye
also
bee
comprised
within
this
chapiter
or
not
:
and
me
seemes
theye
bee
,
beecause
these
.ii.
chapiters
muste
concurre
together
and
agree
in
euerye
thynge
.
And
yf
the
heire
bee
within
age
at
the
deathe
of
his
auncester
,
the
Archebyshoppe
of
Caunterburye
shall
haue
an
Ouster
le
mayn
vna
cum
exitibus
,
so
that
the
heyre
shall
not
sue
lyuere
of
that
,
&
then
by
the
same
reason
yf
hee
be
of
full
age
at
time
of
the
deathe
of
his
auncester
,
for
the
lyuere
in
th
one
case
and
thother
is
geuen
by
this
chapiter
as
me
semethe
,
Tamen
quere
.
The
fowerth
chapiter
.
ITem
assignabit
viduis
post
mortem
virorum
suorum
qui
de
eo
tenuerint
in
capite
dotem
suam
quae
eas
contingit
&c.
licet
heredes
fuerint
plenae
etatis
si
viduae
ille
voluerint
,
&
viduae
illae
ante
assignationem
dotis
suae
predictae
siue
heredes
plenae
etatis
fuerint
siue
infra
etatem
iurabunt
qd'
se
non
maritabunt
sine
licencia
regis
.
Et
si
se
maritauerint
sine
licentia
regis
tunc
rex
capiet
in
manum
suam
nomine
districtionis
omnes
terras
et
tenementa
quae
de
eo
tenentur
in
dotem
donec
satisfecerint
ad
voluntatem
suam
ita
qd'
ipsa
mulier
nihil
capiet
de
exit'
&c.
quia
per
huiusmodi
districtiones
huiusmodi
mulieres
seu
viri
eorum
finem
faciant
regi
ad
voluntatem
suam
,
et
illa
voluntas
tempore
regis
H.
patris
regis
E.
estimari
consueuit
ad
valenc
.
predictae
dotis
per
vnum
annum
ad
plus
nisi
vberiorem
gratiam
habuerint
.
Mulieres
quae
de
rege
tenent
in
capite
aliquam
hereditatem
iurabunt
similiter
cuiuscunque
fuerint
etatis
quod
se
non
maritabunt
sine
licentia
regis
,
et
si
fecerint
terre
et
tenementa
ipsar●m
eodem
modo
capiantur
in
manum
domini
regis
quousque
satisfecerint
ad
voluntatem
regis
.
This
statute
lykewise
doth
but
confirme
the
comon
lawe
before
as
it
appereth
by
the
statut
of
Magna
carta
ca.
7.
which
was
first
made
in
the
tyme
of
kynge
H.
the
third
,
which
is
,
qd'
nulla
vidua
distringatur
ad
se
maritādū
,
ita
tamen
,
qd'
securitatem
faciet
qd'
se
non
maritabit
sine
assensu
nostro
,
si
de
nobis
tenuerint
.
And
also
in
the
24.
yere
of
the
sayd
kynge
henry
the
third
,
it
is
sayd
,
that
when
the
kynges
tenant
dieth
&
his
wyfe
endowed
,
shee
cannot
marie
without
the
kynges
licence
,
&
yf
shee
doe
,
she
&
her
husband
shall
make
fine
.
Thexposicion
.
It
should
apere
by
the
wordes
that
the
wiefes
of
al
them
that
hold
in
Capite
can
not
haue
dower
at
ani
mans
hands
but
onelie
the
kinges
if
his
grace
will
,
for
in
that
his
grace
hath
a
prerogatiue
aboue
al
comon
persons
aswell
for
that
she
shall
the
r●bie
hold
of
his
highnes
in
chief
as
for
that
she
shall
not
marie
with
out
license
:
for
so
she
might
be
maried
vnto
the
kinges
enemie
,
and
there
bie
the
strength
of
the
crowne
enfebled
.
Therfore
it
is
prouided
that
his
highnes
may
assigne
the
dower
whether
the
heir
be
of
full
age
or
within
age
,
to
th
entent
that
she
before
the
receuing
therof
shall
take
a
corporall
othe
not
to
marie
without
the
kings
license
.
The
maner
of
the
assignement
whether
the
heyre
be
of
full
age
or
within
age
is
verie
wel
sette
foorth
in
the
new
Natura
breuium
fo.
2●●
.
in
the
writ
de
dote
assignanda
.
Howbeit
for
that
some
things
are
there
noted
which
seme
to
repunge
with
our
booke
cases
,
I
purpose
to
confer
the
one
with
thother
and
se
how
thei
can
agre
.
In
the
said
Natura
breuium
it
apereth
that
not
withstanding
the
king
had
comitted
the
land
ouer
to
an
other
,
yet
the
woman
sued
in
the
Chācere
to
the
king
for
her
dower
and
not
to
the
committee
,
&
in
our
bookes
you
shall
se
many
writs
brought
against
the
comittee
,
yea
&
in
some
of
them
that
she
recouered
her
dower
and
the
king
not
made
partie
to
the
same
,
as
the
boke
is
in
4.
H.
7.
where
the
writ
of
Dower
was
brought
against
the
kings
committee
,
Salua
dote
or
retenta
dote
&c.
it
is
a
good
cause
for
the
kinge
to
resese
the
hole
,
for
the
liuerie
is
missued
in
that
case
,
and
that
I
learned
of
iustice
Spilman
which
noted
it
so
in
.11
.
of
H.
8.
but
if
she
be
not
found
wife
in
the
office
,
the
heire
may
sue
his
liuerie
without
anie
such
sauinge
and
to
saie
the
the
kinge
by
making
such
a
liuerie
should
waiue
the
aduantage
of
his
prerogatife
in
the
dower
:
that
semes
not
to
bee
trew
vnles
the
said
waiuer
were
by
expres
wordes
,
wherfore
it
semes
the
heir
in
that
case
after
liuerie
is
not
bound
to
yeld
vnto
her
dower
,
but
her
onlie
remedie
is
to
sue
for
the
same
to
the
king
,
and
that
must
be
fyrst
vpon
an
office
(
as
I
think
)
finding
that
she
was
his
tenantes
wife
,
Ideo
quere
,
and
learne
whether
she
may
haue
dower
in
any
case
either
in
the
chancerie
or
by
writ
of
Dower
at
the
comen
lawe
against
the
committee
or
the
heire
,
vnles
she
be
found
wife
first
by
office
as
is
aforesaid
,
except
it
be
in
cases
where
the
king
will
refuse
this
prerogatife
.
And
note
that
like
as
the
kinge
hath
a
prerogatife
by
this
statute
to
yeld
dower
to
the
wife
of
his
tenant
,
so
hath
his
highnes
a
prerogatife
by
the
comon
law
to
withold
dower
from
the
wife
of
his
tenant
,
which
no
comon
person
hath
.
As
put
case
in
a
write
of
Dower
the
heir
be
vouched
in
the
kinges
warde
,
and
the
tenant
showes
for
his
lien
the
feffement
with
warranty
of
the
husbande
which
is
father
to
him
that
is
vouched
,
yet
that
notwithstanding
she
shall
recouer
her
dower
against
the
tenant
and
not
against
the
heir
,
because
that
els
the
king
should
lose
the
wardship
of
the
lands
wher
the
woman
maie
(
without
her
losse
)
as
well
recouer
her
demaund
against
the
tenaunt
as
she
should
against
the
kinge
,
and
yet
if
the
king
were
a
comon
person
in
that
case
he
should
lose
the
wardship
of
so
much
as
she
demaundethe
.
ideo
quere
.
And
learne
and
enquire
whether
a
woman
being
thus
endowed
at
the
hands
of
the
feffee
of
her
husband
of
such
lands
as
he
died
not
sesed
of
and
wherof
the
king
at
that
time
can
haue
no
wardship
,
whether
she
maye
marie
or
not
without
the
kings
license
,
&
it
semes
she
can
not
for
anie
wordes
comprised
within
this
statute
.
And
it
apereth
in
the
boke
of
Assises
.
26.
E.
3.
prerog
.
regis
which
statute
plainlie
setteth
furth
what
hath
bene
vsed
to
be
doon
in
such
cases
,
that
is
to
saie
,
the
value
of
her
dower
by
one
yere
,
&
therwith
agrees
the
new
Natura
breuium
.
fo
174.
And
for
the
fine
the
king
shall
sease
all
the
lands
&
tenements
so
holden
in
dower
as
it
aperes
by
the
letter
of
the
statute
.
How beit
the
Register
geueth
that
the
king
may
sese
aswell
the
land
of
the
husband
as
of
the
wife
,
because
the
mariage
is
a
wrong
doon
to
the
kinge
but
the
statute
is
contrarie
to
that
,
&
therfore
Fitzherbert
in
the
said
Natura
breuium
.
fo.
1●●
.
thinkes
it
to
be
no
lawe
:
For
as
wel
might
the
lands
that
the
woman
hath
of
her
inheritance
be
then
sesed
,
wherfore
no
other
land
ought
to
be
sesid
then
that
she
holdeth
in
dower
,
as
it
aperes
in
the
said
Natura
breuium
.
fo.
2●●
.
And
lerne
whether
the
woman
obtaining
dower
at
the
hands
of
the
comittee
or
of
the
heire
of
lands
holden
in
capite
without
making
any
othe
may
marie
or
not
without
license
,
&
as
me
semeth
she
can
not
,
for
as
sone
as
she
is
endowed
of
those
lands
she
is
the
kings
tenant
&
not
tenant
to
the
heir
which
is
in
the
reuercion
:
for
if
a
trespas
be
done
vpon
the
land
,
she
shall
haue
a
writ
out
of
the
chancerie
the
one
such
hath
entred
vpon
the
kinges
possession
&
the
auowrie
to
be
made
by
the
king
resteth
onlie
vpon
her
,
&
so
is
the
opinion
of
wood
in
.1
.
H.
7.
And
yet
the
reuercion
is
in
the
heier
onlie
,
for
if
she
do
wast
,
ouster
le
main
vna
cum
exitibus
:
yet
if
she
were
endowed
before
in
the
chancerie
vpon
the
office
,
her
dower
remayneth
vndefeted
notwithstanding
this
trauerse
and
ouster
le
main
vntil
an
other
sute
be
made
in
the
chauncerie
for
the
defeting
of
the
same
.
Howbeit
in
this
case
if
the
dower
be
to
much
,
the
lord
that
tended
the
trauers
maie
haue
a
writ
of
admesurement
at
the
comon
lawe
and
so
cause
it
to
be
admesured
without
suing
to
the
king
for
the
same
.
For
it
is
no
losse
to
his
highnes
though
she
be
admesured
,
seing
the
land
is
not
holden
of
of
him
,
as
it
apereth
.
7
R.
2.
admesurement
of
assinement
of
dower
made
by
his
auncestor
,
quere
tamen
.
But
the
abatour
shal
not
haue
a
writ
of
admesurement
nor
garden
en
fait
of
assinement
made
bye
garden
endroit
,
nor
if
the
heir
within
age
,
the
garden
of
his
heire
shall
not
haue
a
writ
of
admesurement
.
But
take
the
case
to
be
that
a
woman
is
endowed
in
the
chancerie
the
rest
of
the
land
there
remaininge
still
in
the
kinges
handes
,
yf
it
be
surmised
by
the
heir
or
any
other
for
the
king
that
the
land
assined
to
the
wife
is
not
extended
to
the
verie
value
,
but
that
it
is
more
in
value
then
it
is
extended
for
,
now
vpon
this
surmise
there
shal
be
a
newe
extente
made
,
which
beinge
returned
in
to
the
chancery
a
Scire
facias
shal
be
awarded
against
the
woman
,
and
if
she
be
warned
and
come
not
,
or
apere
and
saie
nothing
she
shal
be
newlie
endowed
,
as
it
is
said
in
Natura
breuium
fo.
265.
Then
let
vs
see
farther
at
what
time
the
woman
may
aske
her
dower
in
the
chauncerie
,
and
when
she
is
endowed
and
loses
her
dower
vpon
a
recouerie
had
against
her
by
an
eigne
title
how
she
shal
be
recompenced
.
If
the
husband
haue
land
in
diuerse
counties
wherbie
after
his
death
there
be
awarde
seueral
writz
of
Diem
clausit
extremum
in
to
euerie
of
those
counties
she
shal
not
be
endowed
vntil
such
tyme
as
all
the
said
writs
be
returnd
again
in
to
the
chancerie
,
as
it
maie
apere
in
.16
.
E.
3.
eigne
title
,
then
she
hath
none
other
remedie
but
to
cause
the
record
of
the
same
recouerie
to
be
remoued
in
to
the
chauncerie
,
and
vpon
the
first
record
wherby
yt
apered
she
had
dower
and
this
other
record
of
the
recouerie
,
she
shal
haue
a
Scire
facias
reciting
both
the
recordes
against
the
tenant
of
the
ii
.
partes
to
resese
the
said
ii
.
partes
in
to
the
kinges
handes
and
to
be
newlie
endowed
of
the
same
,
but
not
to
recouer
anye
damages
,
not
withstanding
damages
were
recouered
against
her
,
&
this
apereth
43.
in
the
boke
of
assises
.
ideo
quere
.
For
as
our
late
bokes
go
sins
Brittons
time
the
king
hath
lost
his
prerogatife
,
vpon
what
occasion
I
know
not
,
but
I
woulde
gladlie
lerne
,
ouster
le
main
without
findinge
any
suertie
of
her
mariage
.
And
note
also
that
by
the
comon
law
yf
one
will
mary
the
kings
nief
,
The
fifth
chapiter
.
ET
si
vna
hereditas
quae
de
Rege
tenetur
in
capite
descendat
pluribus
participibus
tunc
omnes
illi
heredes
facient
homagium
Regi
et
illa
hereditas
quae
de
Rege
tenetur
participabitur
inter
heredes
illos
ita
quod
quil'z
eorum
extunc
partem
suam
tenebit
de
Rege
.
This
statute
is
somwhat
declared
by
a
statute
longe
time
made
before
,
that
is
to
saye
in
the
14.
yere
of
king
H.
the
.3
.
called
statutum
Hibernie
de
coheredibus
which
for
the
better
declaracion
of
this
prerogatiue
I
haue
also
here
noted
.
Henricus
dei
gratia
rex
Anglie
dominus
Hiberniae
et
dux
Aquitaniae
et
Normann̄
,
comes
Andigauie
dilecto
et
fideli
suo
Gerardo
filio
Maurisci
Iusticiar'
Hibernie
salutem
.
Cum
milites
de
partibus
Hiberniae
nuper
ad
nos
accedentes
nobis
ostenderunt
quod
cum
hereditas
deuoluta
sit
inter
sorores
in
terra
nostra
Hibernie
Iustic'
nostri
in
eisdem
partibus
itinerant'
incerti
sunt
,
vtrum
post
natae
sorores
tenere
debeant
de
primogenita
sorore
et
ei
facere
homagium
an
non
.
Et
quia
predicti
milites
petierunt
certiorari
qualiter
in
regno
nostro'
Anglie
in
casu
consimili
hactenus
vsitatum
fuit
:
sic
ad
instantiam
eorundem
vobis
significamus
,
quod
in
regno
nostro
Anglie
talis
est
lex
et
consuetudo
in
hoc
casu
,
quod
si
quis
tenuerit
de
nobis
in
capite
et
habuerit
filias
heredes
,
ipso
patre
defuncto
antecessores
nostri
habuerunt
,
et
nos
semper
habuimus
et
cepimus
homagium
de
omnibus
huiusmodi
filiabus
,
et
singule
earum
tenerent
de
nobis
in
capite
in
hoc
casu
.
Et
si
infra
etatem
fuerint
,
nos
habebimus
custodiam
earum
et
maritagium
singularum
.
Si
autem
de
alio
domino
tenuerint
et
ipsae
sorores
infra
etatem
fuerint
,
earum
dominus
habeat
custodiam
et
maritagium
singularum
,
et
primogenita
tamen
faciet
homagium
domino
pro
se
et
omnibus
sororibus
suis
,
et
alie
sorores
cum
ad
etatem
peruenerint
facient
seruicia
dominis
feodi
per
manus
primogenitae
.
Nec
potest
primogenita
ea
ratione
vel
occasione
,
a
postnatis
sororibus
homagium
vel
custodiam
vel
aliquam
aliam
subiectionem
exigere
,
vel
habere
.
Quia
cum
omnes
sorores
sint
quasi
vnus
heres
de
vna
hereditate
,
si
primo
genita
posset
habere
homagium
aliarum
sororum
vel
custodiam
petere
,
tunc
esset
illa
hereditas
diuisa
,
ita
quod
primogenita
soror
esset
simul
et
semel
de
vna
hereditate
domina
et
heres.
Here
s
autem
suae
partis
,
et
domina
sororum
suarum
,
quod
quidem
in
isto
casu
fieri
non
possit
,
cum
ipsa
primogenita
nihil
posset
petere
plus
quam
aliae
sorores
,
nisi
capitale
mesuagium
ratione
eineciae
.
Preterea
si
primogenita
huiusmodi
homagium
a
post
natis
sororibus
suis
acciperet
,
esset
quasi
domina
earum
,
et
habere
posset
custodiam
earum
et
filiorum
suorum
,
et
hoc
esset
quasi
committere
agnum
lupo
ad
deuorandum
.
Et
ideo
vobis
mandamus
quod
predictas
consuetudines
quas
in
regno
nostro
Anglie
habemus
in
hoc
casu
vt
predictum
est
,
in
terra
nostra
Hiberniae
proclamari
ac
firmiter
teneri
facias
et
obseruari
.
In
cuius
rei
&c.
Teste
me
ipso
apud
west
.
ix
.
die
.
Februarii
.
Anno
regni
nostri
.
xiiii
.
Before
the
makinge
of
this
statute
called
statutum
Hibernie
it
appereth
by
Glanuill
which
wrott
in
the
tyme
of
kinge
Henry
the
second
that
the
husband
of
the
eldest
daughter
should
do
homage
vnto
the
Lorde
for
the
hole
inheritaunce
,
and
that
the
other
daughters
or
theyr
husbandes
should
do
their
seruice
for
theyr
tenements
vnto
the
chief
lord
by
the
handes
of
th
eldest
sister
or
her
husband
,
and
yet
they
for
the
same
should
not
be
bound
to
do
anie
homage
or
fealti
to
the
eldest
sister
or
her
husband
duringe
theyr
liues
,
ne
yet
that
heires
that
come
of
them
in
the
first
degre
or
second
degre
.
But
the
heires
in
the
third
degre
by
the
lawe
of
the
Land
were
bound
to
do
homage
&
to
paye
reliefe
for
their
tenements
vnto
the
heire
of
the
eldest
daughter
Quod
nota
.
And
the
reason
of
it
after
the
minde
of
Bracton
which
agreeth
with
Glanuille
is
this
,
that
when
issue
descendeth
of
them
to
the
3.
or
.4
.
degre
it
is
not
like
that
issue
should
faile
of
their
bodies
,
Britton
.
fo.
171.
And
yet
fo.
198.
saieth
that
th
eldest
only
shall
do
homage
vnto
the
kinge
for
her selfe
&
her
sisters
.
Thus
haue
you
now
th
exposition
of
the
said
statut
of
Ireland
by
the
olde
writers
,
by
which
said
statute
&
the
saide
writers
yt
appeareth
that
this
statut
of
Prerogatiue
is
but
a
confirmacion
of
the
common
lawe
,
&
doth
only
set
forth
&
declare
what
the
kings
Prerogatiue
is
when
landes
holden
in
chiefe
discend
to
twoe
coparceners
.
For
in
this
the
king
hath
a
Prerogatiue
aboue
a
comon
person
,
aswel
for
that
they
shal
seuerallye
holde
of
his
highnes
,
as
for
that
that
his
highnes
shall
make
the
particion
,
for
whether
they
be
of
full
age
at
the
death
of
their
auncestour
or
within
age
,
or
some
of
them
of
ful
age
&
some
of
them
within
age
,
none
of
them
that
be
of
full
age
shal
haue
any
liuerie
but
with
a
particion
,
&
that
for
the
kinges
benefite
:
because
that
vpon
the
particion
euery
one
of
them
shal
haue
for
his
portion
some
parte
of
the
landes
that
are
holden
of
the
kinge
in
Capite
.
For
if
some
should
haue
for
their
porcion
onlye
the
landes
holden
of
●ther
,
then
the
king
shoulde
lose
his
prerogatiue
in
those
landes
hereafter
for
euer
,
because
that
they
that
haue
them
when
they
shal
dye
hold
nothing
of
the
kinge
in
capite
:
and
so
might
the
king
be
deminished
of
his
auncient
rights
of
the
Crowne
,
which
were
against
all
naturall
equitie
.
Wherefore
the
lawe
was
euer
they
should
all
holde
of
the
king
.
And
that
appeareth
by
the
writs
of
Liuerie
,
in
which
writes
there
is
a
prouiso
that
euery
one
of
them
shall
haue
in
her
purparte
parcell
of
the
landes
that
are
holden
of
the
king
in
Capite
,
as
you
may
see
in
the
new
Natura
breuium
fo.
2●●
.
And
this
liuery
must
be
sued
with
a
particion
or
else
it
is
missued
,
Prochein
amye
,
as
it
appeareth
in
the
saide
newe
Natura
breuium
.
fo.
26●
.
Whiche
write
shal
bee
retourned
with
the
particion
and
afterwardes
enrolled
in
the
Chauncerie
.
And
it
shoulde
seeme
that
if
after
the
write
of
extent
retourned
she
that
is
of
full
age
do
praye
a
write
of
liuerie
with
a
particion
,
that
she
shall
then
neuer
after
haue
a
reextent
if
so
be
that
before
it
were
so
highlye
extended
.
Like
lawe
is
it
if
the
particion
be
not
egal
,
and
she
notwithstanding
will
accept
it
.
But
in
all
those
cases
she
that
was
within
age
if
she
haue
to
litle
for
her
porcion
,
she
may
haue
a
write
of
participatione
facienda
against
her
other
copercener
or
a
Scire
facias
in
the
Chauncerie
vppon
the
recorde
of
Particion
that
is
there
,
to
shew
why
newe
particion
or
extent
shall
not
be
made
.
By
which
write
if
they
bee
warned
and
come
not
,
or
come
and
saye
nothing
,
the
land
shal
be
receiued
into
the
kinges
hands
,
and
a
newe
extent
made
in
the
presence
of
the
parties
,
whiche
if
it
be
not
extended
as
it
shoulde
be
,
they
may
pray
a
reextent
before
particion
made
:
for
after
particion
the
prayer
cometh
to
late
.
And
this
may
ye
see
in
the
newe
Natura
breuium
.
fo.
65.
and
in
.2
.
E.
3.
et
.
eigne
title
may
enter
vppon
them
after
Liuerie
notwithstandinge
they
haue
the
possession
by
matter
of
record
.
And
note
that
sometymes
the
king
is
to
take
a
detriment
by
the
liuere
with
the
particion
:
As
take
the
case
to
be
where
some
of
them
be
within
age
and
in
the
kinges
warde
and
some
of
full
age
and
theyr
auncestour
dyeth
seased
not
only
of
Landes
holden
in
chiefe
but
also
of
Landes
holden
of
other
Lordes
,
they
of
full
age
haue
liuerie
with
a
particion
,
now
the
kinge
leeses
the
wardwip
of
as
much
of
the
lands
that
are
holden
of
other
as
they
haue
Liuerie
of
,
and
yet
if
no
particion
had
bene
made
the
kinge
shoulde
haue
had
the
Wardshippe
of
the
whole
til
the
heire
had
come
of
full
age
,
as
Mombray
affirmeth
.
And
note
that
if
vppon
particion
made
th
exchetour
retourneth
that
some
haue
theire
partes
deliuered
them
and
some
not
,
because
they
sued
not
to
him
for
it
,
they
that
did
not
sue
,
maye
at
all
tymes
in
the
Chauncerie
sue
out
a
writte
vntoo
Thexchetour
to
haue
the
same
deliuered
vnto
them
,
in
whiche
write
there
shal
bee
enclosed
a
transcripte
of
the
Particion
,
as
it
appeareth
in
the
saide
newe
Natura
breuium
fol.
2●●
and
there
it
appeereth
also
fol.
293.
that
liuerye
with
a
particion
was
sued
for
landes
holden
in
Burgage
:
but
by
likelyhode
it
was
no
commen
burgage
:
for
as
it
appeareth
the
heire
did
his
homage
for
the
saide
landes
.
And
note
also
that
if
the
Coparcener
of
full
age
take
the
parte
of
her
sister
whiche
is
in
the
kinges
Warde
by
lease
or
graunt
of
the
kinge
Durante
minore
etate
,
by
this
she
suspendes
the
particion
:
For
notwithstanding
she
haue
the
one
moitie
deliuered
her
with
the
profites
of
the
other
moitie
,
yet
when
her
sister
commeth
to
full
age
,
both
they
shal
sue
a
newe
lyuerie
with
a
particion
,
as
appeareth
in
the
saide
newe
Natura
breuium
.
fol.
2●2
.
The
sixth
chapiter
.
SImulier
ante
mortem
antecessoris
sui
qui
de
rege
tenet
in
capite
ante
annos
nubiles
maritat'
fuerit
tunc
rex
habebit
custodiam
corporis
illius
mulieris
vsque
ad
etatem
quod
consentire
poterit
.
Et
tunc
elegat
ipsa
vtrum
maluerit
habere
virum
illum
cui
premaritat'
fuerit
vel
alium
quem
Rex
ei
obtulerit
.
nullus
qui
de
Rege
tenet
in
Capite
per
seruicium
militare
potest
alienare
maiorem
partem
terrarum
suarum
ita
quod
residuum
non
sufficiat
ad
faciendum
seruicium
suum
,
fine
licencia
Regis
,
sed
hoc
non
consueuit
intelligi
de
membris
et
particulis
earundem
terrarum
.
This
Chapter
containeth
twoe
matters
beinge
dyuers
in
nature
,
and
therfore
I
entend
to
seuer
and
deuyde
the
one
from
the
other
,
and
the
Chapter
followinge
to
adioyne
to
the
latter
braunche
hereof
,
because
they
entrete
both
of
one
thinge
.
The
seuenth
chapiter
.
DE
Serieantiis
alienatis
sine
licentia
regis
consueuit
rex
arentare
huiusmodi
Seri●antias
per
rationabilem
extentam
inde
faciendam
.
qd'
nota
,
Howbeit
it
apperes
not
by
the
said
booke
whether
the
heire
were
male
or
female
.
&
Wangford
saies
An.
35.
H.
6.
fol.
37.
that
when
a
woman
is
.vii.
yeares
of
age
her
auncestour
may
then
gather
aid
to
marie
her
,
which
saieng
argueth
as
mee
seemeth
that
shee
is
then
mariageable
.
And
also
this
seemes
to
make
with
Bracton
,
Howbeit
the
lawe
is
not
so
taken
in
these
daies
.
For
she
cannot
now
consent
to
matrimonie
before
th
age
of
.12
.
yeres
.
This
statut
spekes
onely
of
the
heire
female
,
and
yet
Cheiny
saieth
in
.7
.
H.
6.
¶
Now
to
thother
branch
of
the
Statute
and
the
chapter
next
folowing
the
same
.
It
appeareth
by
Glanuill
in
the
beginning
of
his
seuenth
booke
,
that
euery
freeman
hauing
land
whether
he
had
an
heire
apparant
then
lyuing
or
not
,
or
whether
the
said
heire
apparant
would
consent
to
it
or
not
,
yet
might
he
geue
some
reasonable
porcion
of
his
landes
with
his
daughter
or
any
other
woman
in
mariage
,
or
to
any
man
that
had
don
him
seruyce
,
or
in
almes
to
any
religious
house
,
or
to
any
other
whome
he
would
,
so
the
said
gifte
were
made
in
his
health
,
for
in
extremitie
of
sicknes
hee
might
not
bee
suffered
so
to
doe
,
lest
it
should
be
thought
to
be
done
rather
of
a
rage
and
furie
of
the
mynde
,
whiche
through
sicknes
for
the
moste
parte
commeth
to
men
,
then
of
any
good
discrecion
,
and
so
might
he
in
his
gift
excede
measure
.
Howbeit
suche
a
gyfte
in
sicknes
was
euer
good
with
the
consent
of
the
heire
or
with
his
confirmacion
.
Againe
if
he
had
manye
sonnes
,
he
could
not
without
the
consent
of
his
heire
apparant
geue
any
porcion
of
his
enheritance
to
any
of
the
yonger
sonnes
,
for
so
might
he
disherit
th
eldest
thorough
affeccion
that
the
fathers
lightly
beare
towardes
theire
yonger
sonne
more
then
towardes
th
elder
.
But
of
his
purchased
lande
he
might
giue
the
yonger
a
porcion
whether
th
eldest
woulde
or
not
.
And
if
he
had
none
issue
he
might
geeue
away
all
his
purchased
landes
.
But
of
the
lands
of
his
inheritaunce
he
might
giue
away
no
more
but
a
reasonable
porcion
.
And
if
the
landes
were
departible
amongest
the
heires
males
,
then
might
the
father
in
his
life
time
geeue
euerye
childe
what
porcion
hee
woulde
,
so
it
exceded
not
the
porcion
that
shoulde
descend
vnto
him
.
And
in
that
case
whether
the
gifte
were
of
landes
purthased
or
of
inheritaunce
it
made
no
matter
.
Howbeit
neyther
Abbot
nor
Bishop
might
in
any
of
these
cases
geue
any
porcion
of
their
landes
away
,
without
the
kinges
assent
or
his
confirmacion
,
because
theire
baronies
bee
of
the
almes
of
the
king
or
of
his
progenitours
.
Hitherto
haue
ye
hearde
what
Glanuill
hath
saide
.
After
this
was
the
Statute
of
Magna
carta
made
,
where
in
the
.31
.
chapter
therof
it
is
writen
,
Nullus
liber
homo
det
de
cetero
amplius
de
terra
sua
vel
vendat
de
cetero
,
quam
vt
de
residuo
terre
sue
possit
sufficienter
fieri
dno
feodi
seruicium
ei
debitum
quod
pertinet
ad
feodum
illud
.
Which
statute
is
but
a
confirmacion
of
the
comon
law
,
as
it
doth
appere
by
that
that
is
written
in
Glanuil
.
for
so
one
that
had
helde
by
knight
seruice
if
he
might
haue
beene
suffred
to
alien
the
greatest
part
of
his
land
he
would
haue
aliened
the
same
peraduenture
to
hold
of
him
but
in
Socage
or
by
some
smal
rent
,
&
than
hauing
so
little
a
liuelyhod
left
to
himselfe
,
how
had
he
bene
then
able
to
haue
done
the
seruice
of
a
knight
or
a
man
of
warre
,
or
what
should
his
lord
haue
had
in
ward
to
haue
founde
one
to
haue
done
that
seruice
,
surely
little
or
nothing
.
Wherby
the
strength
of
the
Realme
might
haue
much
decayed
:
therfore
it
was
a
reasonable
law
to
restrain
him
as
me
semeth
.
Howbeit
Bracton
in
his
first
booke
vnder
the
title
,
Si
ille
cui
datum
est
rem
datam
vlterius
alteri
dare
possit
disputes
this
matter
after
a
sorte
,
that
is
to
say
,
whether
the
tenant
may
enfeffe
an
other
agaist
the
lords
will
or
not
,
&
he
there
affirmes
he
may
,
yea
&
that
to
hold
of
him
by
what
seruice
he
will
,
&
calleth
it
Damnum
absque
iniuria
,
seing
that
though
the
wardship
be
not
so
good
after
alienacion
to
the
chief
lord
as
it
was
before
,
yet
the
relief
is
as
good
in
euery
point
,
&
then
if
the
lord
be
serued
either
of
the
wardship
or
reliefe
,
he
hath
all
that
knightes
seruice
requireth
.
Howbeit
saith
he
when
the
tenant
is
so
disposed
to
sell
his
land
,
the
lorde
shal
bee
preferred
to
the
sale
therof
before
a
stranger
geuing
as
muche
as
an
other
will
.
It
semeth
by
Bracton
that
it
was
verie
doubtfull
notwithstanding
the
statut
of
Magna
carta
whither
the
kings
tenant
might
alien
his
whole
tenancy
or
not
.
And
therefore
was
the
statute
of
Quia
emptores
terr'
made
,
where
it
is
prouyded
that
from
thenceforth
which
is
in
the
.18
.
yere
of
kinge
E.
the
first
&
after
Bractons
tyme
,
it
should
be
lawful
for
euery
fre
man
to
sell
his
landes
or
tenementes
or
any
parte
therof
at
his
pleasure
to
holde
of
the
chiefe
lorde
by
the
same
seruice
that
the
feffour
helde
.
Prouided
alwaies
that
by
anye
suche
sales
there
comes
no
landes
to
Mortmaine
.
This
statut
remedies
the
mischief
that
was
founde
in
the
wardship
,
but
not
the
other
mischiefe
that
is
to
saie
touching
the
defence
of
the
realme
.
For
when
one
mans
lyuinge
is
so
dismembred
neuer
a
one
of
them
is
able
to
doe
the
seruice
of
a
man
for
want
of
lyueho●e
.
Yea
and
much
more
vnabler
since
this
Statute
,
then
before
.
For
before
where
he
gaue
it
to
hold
of
himself
,
he
reserued
somewhat
in
place
of
the
lande
that
went
from
him
,
where
as
now
he
can
reserue
nothing
of
comen
right
,
Howbeit
notwithstanding
that
this
statute
of
Quia
emptores
terrarum
,
made
it
lawfull
for
all
other
mens
tenauntes
,
Yet
was
it
not
lawfull
by
the
said
statute
for
the
kings
tenants
so
to
doe
,
that
is
to
saye
,
neither
to
alien
the
whole
,
nor
any
parcel
therof
without
the
kinges
licence
.
And
that
appereth
by
Bracton
fo.
88.
Which
speakes
generally
that
the
kings
tenantes
in
chief
cannot
dismember
his
fees
without
his
licence
.
And
because
that
before
the
time
of
king
Edw.
the
firste
they
might
haue
aliened
without
licence
to
holde
of
themselfes
,
as
other
mens
tenauntes
might
haue
done
in
the
like
case
,
&
thinking
it
more
lawful
for
them
so
to
doe
after
the
making
of
the
said
statut
of
Quia
emptores
than
before
,
it
was
thought
good
to
prouide
some
stay
for
the
same
by
this
statut
of
Prerogatiue
.
And
yet
by
the
woordes
of
the
other
chapter
folowing
it
appereth
that
the
kings
tenant
by
grand
serieantie
,
could
neuer
haue
aliened
any
lands
holden
by
grand
seriantie
without
the
kings
lycence
.
For
that
was
so
high
a
seruice
,
as
Bracton
in
his
first
booke
in
the
title
de
magnis
seriāciis
names
it
Regale
seruicium
,
&
saith
it
was
first
inuented
within
this
realme
in
the
time
of
the
Conquest
,
that
they
coulde
not
dismember
any
parte
therof
without
the
kinges
lycence
.
For
he
saith
in
another
place
in
the
said
booke
amongest
his
writes
of
particion
.
Quod
seriantia
diuidi
non
debet
ne
cogatur
Rex
accipere
seruicium
suum
per
particulas
.
Howbeit
since
the
makinge
of
this
statut
of
Prerogatiue
,
sundry
opinions
haue
risen
in
these
matters
as
may
appere
by
the
statut
made
in
the
firste
yere
of
king
E.
3.
ca.
12.
Which
saith
in
this
maner
.
Item
pur
ceo
que
plusours
gents
du
Realme
soy
pleinont
deste
greues
de
ceo
que
terres
et
tenements
que
sont
tenus
en
chiefe
du
roy
,
et
aliens
sans
son
conge
ount
este
pris
auaunt
ceux
heures
en
mains
le
roy
et
tenus
come
forfets
,
le
roy
,
ne
les
teigne
my
come
forfets
en
tiel
case
,
mes
voet
et
graunt
que
desormes
de
tiels
terres
et
tenementes
aliens
soit
reasonable
fyne
pris
en
le
chancerie
per
due
proces
,
So
that
by
this
statute
it
appereth
they
toke
the
landes
to
be
forfeted
that
were
holden
of
the
kinge
in
chiefe
and
aliened
without
his
licence
.
And
so
it
appereth
by
a
booke
in
.14
.
E.
3.
wher
Wilby
saith
that
at
this
day
landes
holden
by
graund
seriantie
and
aliened
without
lycence
be
forfeted
.
Et
auxi
come
plusors
gents
du
people
soye
plenont
deste
greues
per
purchase
de
terres
et
tents
que
ont
este
tenus
des
auncestors
le
roy
que
ore
est
come
des
honours
,
et
mesm̄s
tiels
tenements
on
t
este
prises
en
le
maine
le
roy
,
auxi
si
come
ils
eussent
este
tenus
du
roi
en
chief
come
de
sa
corone
,
le
roy
voet
que
mes
ne
soit
home
encheson
pur
nul
tiel
purchase
.
By
this
statut
it
appereth
that
if
a
man
hold
of
the
king
as
of
any
honor
which
is
come
to
his
highnes
by
discent
from
any
of
his
auncestoures
,
that
by
reason
thereof
hee
shoulde
not
hold
in
Capite
:
For
that
was
contrarie
to
the
lawe
,
as
if
maye
appeare
by
the
woordes
of
the
Statute
,
whiche
saithe
that
the
people
complayned
them selues
to
be
greaued
hereby
,
Whiche
is
to
be
vnderstanded
vniustlye
greeued
,
for
by
the
wordes
in
the
first
chapter
of
Prerogatiua
Regis
it
appeareth
that
if
it
shal
be
saide
a
tenure
in
Capite
,
it
must
bee
holden
of
the
crowne
of
a
long
time
.
s.
ab
antiquo
de
Corona
And
that
is
it
not
when
it
is
but
newelye
come
:
and
the
statute
of
Magna
Carta
.
ca.
31.
did
helpe
this
matter
by
expresse
woordes
,
If
suche
an
honour
came
to
the
crowne
by
waye
of
eschete
,
but
not
if
it
came
by
waye
of
discent
or
anye
other
waye
.
And
that
statute
doth
set
forth
certeine
honours
by
name
whiche
bee
not
of
the
auncientnes
of
the
Crowne
,
that
is
to
say
the
honour
of
Wallingforde
,
Notingham
,
Bolingbroke
and
Lancaster
.
Therefore
he
that
holdeth
of
the
King
as
of
these
honoures
,
holdeth
not
of
the
king
in
chiefe
.
But
other
honours
there
be
which
of
so
long
tyme
haue
beene
annexed
to
the
Crowne
that
to
holde
of
them
is
to
hold
in
chiefe
,
as
it
appeareth
in
the
new
Natura
breuium
.
fo.
2●●
.
&
f.
289.
Where
one
helde
of
the
kinge
as
of
a
certeine
honour
to
yeld
a
certeine
rent
to
the
keepinge
of
the
castell
of
Douer
,
this
was
there
taken
to
be
a
tenure
in
chiefe
.
And
so
it
was
where
one
helde
of
his
highnes
as
of
the
honour
of
the
Abbey
of
Marle
.
Therefore
learne
what
honours
be
of
the
auncientnes
of
the
Crowne
:
and
what
not
.
Also
there
is
another
Statut
made
in
the
.34
.
yeare
of
the
saide
kinge
the
.15
.
chapiter
.
which
saieth
in
this
wyse
.
Item
accorde
est
et
establie
que
alienacion
de
les
terres
&
te
nements
faits
per
gents
que
teignont
du
roye
Henrie
besayl
au
roy
que
ore
est
ou
des
auters
roys
deuant
luy
,
a
tener
de
eux
mesmes
,
que
les
alienacions
estoient
en
lour
force
.
Saluant
touts
foits
a
nostre
seignour
le
roy
sa
prerogatiue
de
temps
son
aiel
son
piere
et
son
temps
demesne
.
Primer
seisin
or
alienacion
without
lycence
,
tamen
quere
,
For
it
shoulde
seeme
to
be
within
the
woordes
of
this
statute
which
woulde
you
shoulde
not
dysmember
the
kings
fees
,
and
learne
if
the
king
licence
his
tenaunt
to
make
a
feffement
,
whether
hee
may
make
it
vpon
condicion
or
not
,
for
they
vse
when
a
condicionell
feffement
is
to
be
made
to
expresse
the
condicion
within
the
lycence
:
&
if
the
condicion
be
to
make
an
estate
againe
to
the
feffour
,
al
this
goeth
vnder
one
fyne
&
in
one
lycence
.
And
note
that
if
the
Iustices
before
whome
the
fyne
shal
bee
leuyed
be
enformed
that
the
landes
are
holden
of
the
kinge
and
that
so
appeare
to
them
by
any
record
,
they
will
not
take
the
fyne
tyll
they
haue
seen
the
licence
nor
yet
engrosse
it
till
they
haue
receiued
a
write
out
of
the
Chauncerie
called
Quod
permittat
finem
illum
leuari
,
by
which
they
may
be
fullye
certified
of
the
kinges
pleasure
,
which
writ
apereth
in
the
new
Na.
bre.
f.
147
and
that
they
haue
thus
vsed
it
appeareth
4.
E.
2.
&
33.
H.
6.
But
they
neuer
vsed
so
to
doe
vpon
a
recouerie
in
these
commen
writs
of
entre
in
the
post
,
And
therefore
the
case
is
14.
H.
6.
that
where
the
kyngs
tenaunt
aliened
without
lycence
,
de
deonerando
pro
rata
porcione
,
that
he
shall
no
further
bee
charged
then
after
the
quantitie
of
the
porcion
that
he
holdeth
.
This
writt
you
maye
see
in
the
new
Natura
breuium
.
fo.
2●4
.
The
eygthe
chapiter
.
DE
ecclesiis
vacantibus
quarum
aduocaciones
spectant
ad
regem
&
alij
presentauerint
ad
easdem
:
Ita
qd'
contentio
inter
dominum
regem
&
alios
oriatur
,
si
Rex
per
consideracionem
curiae
presentationem
suam
recuperauerit
licet
post
lapsum
sex
mensium
a
tempore
vacationis
nullum
currit
ei
tempus
,
dum
tamen
rex
presentauerit
infra
tempus
sex
mensium
.
Of
this
chapiter
I
fynde
nothyng
neither
in
Glanuile
,
Bracton
nor
Britton
ne
in
anye
other
olde
writer
before
the
makynge
hereof
,
sauinge
that
I
fynd
this
texte
bothe
in
Bracton
&
Britton
.
s.
quod
nullum
tempus
occurrit
regi
,
whyche
Bracton
in
the
beginninge
of
his
firste
boke
vnder
this
tytle
que
res
dari
possit
appliethe
vnto
liberties
apperteyninge
vnto
the
crowne
saynge
in
this
wise
,
quod
illi
qui
huiusmodi
libertatem
sibi
vendicat
doceat
huiusmodi
ad
se
pertinere
,
quia
si
warrantum
non
habuerit
speciale
in
hac
libertate
defendere
non
poterit
,
quamuis
pro
se
pretendit
seisinam
longi
temporis
,
diuturnitas
enim
longi
temporis
in
hoc
casu
non
minuit
iniuriam
sed
auget
,
nec
in
isto
casu
currit
tempus
contra
regem
,
nec
incumbit
ei
probatio
qd'
ad
ipsum
pertinet
cum
constare
debeat
singulis
quod
huiusmodi
de
iure
gentium
pertineant
ad
coronam
.
sed
sunt
alie
res
que
pertinent
ad
coronam
que
non
sunt
ita
sacre
quin
transferri
possunt
,
sicut
sunt
fundi
,
terre
&
tenementa
&
huiusmodi
,
per
que
corona
Regis
roboratur
,
et
in
quibus
currit
tempus
contra
regem
sicut
contra
quamlibet
priuatam
personam
.
This
it
appeareth
by
Bracton
that
this
texte
dothe
not
serue
the
kynge
in
all
cases
,
for
prescription
shal
holde
sometime
againste
the
kynge
in
suche
thinges
as
a
manne
maye
prescribe
in
,
quod
nullum
tempus
occurrit
regi
,
yet
in
cases
it
dothe
:
&
where
this
texte
is
onely
apointed
by
this
statut
to
serue
wher
the
bishop
taketh
the
benefice
by
laps
,
yet
by
an
equitie
it
is
taken
in
some
cases
to
extende
to
a
plenartie
,
that
is
to
saye
,
where
a
straunger
hath
presented
&
his
clerk
is
in
by
six
moneths
:
As
take
the
case
to
be
where
the
king
hath
aduowson
in
ward
&
a
straunger
vsurpes
and
his
clerke
is
in
by
six
monethes
before
the
king
bringe
his
Quare
impedit
,
yet
shall
this
plenartie
bee
noe
plea
against
his
highnes
,
but
that
he
shal
recouer
:
and
the
reason
of
it
is
,
beecause
els
the
kynge
shoulde
be
witheout
remedye
.
For
writ
of
right
he
cannot
haue
hauing
but
an
estate
in
the
thinge
as
gardeyn
.
Wherefore
in
thys
case
nullum
occurrit
ei
tempus
,
for
els
it
should
appere
that
a
straunger
mighte
holde
a
thinge
merelye
by
wronge
againste
him
withoute
anye
good
grounde
or
beeginnynge
that
can
bee
intended
of
it
,
whiche
case
is
agreed
.18
.
E.
3.
et
43.
Sharde
&
wylby
18.
Edwarde
the
thirde
.
Quere
,
for
in
the
bookes
of
.43
.
Edward
the
thirde
,
the
defendaunt
durst
not
abide
by
the
plea
but
trauersed
the
title
that
was
made
for
the
kyng
.
And
learne
whether
plenartie
be
a
good
plea
against
the
quene
whiche
holdethe
for
terme
of
lyfe
the
reuercion
to
the
kyng
,
Ideo
quere
.
And
Bracton
li.
3.
in
the
writte
of
Darrein
presentment
saiethe
that
this
title
of
presentment
by
laps
was
geeuen
to
th
ordinarie
by
a
constitution
made
in
the
councell
of
Lateranense
.
The
nynthe
chapiter
.
REx
habebit
custodiam
terrarum
fatuorum
naturalium
capiendo
exitus
eorundem
sine
vasto
&
distruccione
,
&
inueniet
eis
necessaria
sua
de
cuiuscunque
feodo
terre
ille
fuerint
,
&
post
mortem
eorum
reddat
eam
rectis
heredibus
,
ita
quod
nullatenus
per
eosdem
fatuos
alienentur
nec
quod
eorum
heredes
exheredentur
.
This
prerogatiue
beganne
in
the
time
of
kynge
E.
1.
as
yt
shoulde
seeme
to
mee
,
beecause
I
fynde
none
that
wrote
of
it
before
Britton
,
for
Bracton
speakes
but
a
lytle
of
Ideotts
i●
his
fifthe
boke
in
the
title
of
exceptions
againste
the
plaintife
where
he
sayethe
:
it
is
a
good
exeption
to
the
parsone
of
hym
that
complainethe
or
bringeth
anye
accion
to
saye
hee
is
a
foole
naturall
,
quia
tales
non
multum
distant
a
brutis
qui
ratione
carent
,
nec
valere
debet
quod
cum
talibus
agitur
,
sed
tamen
discussio
huiusmodi
exceptionis
discrecioni
iudicis
re
linquitur
.
and
sayethe
like
lawe
is
it
of
hym
that
coulde
neuer
heere
nor
speake
from
the
time
of
his
natiuitie
,
&
quod
inuenienda
sunt
eis
necessaria
quoad
vixerint
per
officium
iudicis
pro
qualitate
persone
&
hereditatis
quantitate
si
heres
esse
debeat
,
&
si
semel
authoritate
curatoris
adquisierit
si
fuerit
inde
eiectus
recuperabit
per
assisam
sicut
minor
.
By
this
it
appears
that
the
kyng
had
no
prerogatiue
but
the
iudge
.
Howbeit
Britton
.
f.
167
,
saiethe
that
the
kinge
oughte
to
haue
his
prerogatiue
herein
,
for
these
be
his
words
:
Et
pur
ceo
que
ascun
foites
auient
que
ascun
heire
est
sotte
naste
,
ꝑ
quoy
il
nest
my
able
a
heritage
demaunder
et
garder
,
volumus
q̄
tiels
heires
de
qui
que
ils
ne
vnques
teigōnt
males
&
females
demurgent
en
nostre
garde
ouesque
toutes
lour
heritages
,
sauant
a
chescum
seignour
touts
auters
seruices
que
a
luy
appendaunt
de
terre
tenus
de
luy
,
&
icy
remainount
en
nostre
gard
tant
come
ils
duront
en
lour
sotie
,
&
ceo
ne
voilomus
nous
my
de
ceux
qui
deueignount
sotes
per
ascun
maladye
.
Vpon
these
words
of
Britton
I
note
.iij.
things
,
one
is
that
the
king
shal
not
haue
the
custodie
during
theire
liefes
but
duringe
theire
Ideocy
,
the
second
notwithstanding
the
lande
is
in
the
kings
handes
,
yet
the
other
lorde
shall
haue
theire
seignories
,
which
is
by
way
of
peticion
as
I
take
it
:
and
the
thirde
is
that
the
other
lorde
shall
not
haue
the
wardshippe
of
the
heire
nor
of
his
landes
but
onely
the
kynge
:
whiche
thi●de
thingꝭ
by
this
statute
of
prerogatiue
are
not
so
plainelye
set
fourthe
,
and
also
by
this
statute
it
appeares
that
the
kynge
shall
haue
the
custodye
of
suche
Ideottes
durynge
theyre
lyues
,
for
the
woordes
bee
,
Et
post
mortem
eorum
reddat
eam
rectis
heredibus
and
not
beefore
.
The
manner
howe
the
kynge
shall
come
to
his
prerogatiue
appeares
by
a
booke
case
.16
.
Edwarde
the
thyrde
,
a
natiuitate
to
auoide
al
meane
actes
donne
by
the
Ideot
,
that
is
to
saye
,
his
feffements
or
release
:
but
learne
and
enquire
whether
suche
feffees
shall
bee
put
out
by
th
office
without
anye
Scire
facias
to
bee
awarded
againste
them
.
a
natiuitate
▪
for
yf
he
were
once
wyse
and
beecame
a
fole
by
chance
or
misfortun
,
Ouster
le
mayne
in
nature
of
a
lyuerye
shall
bee
suyd
of
the
same
oute
of
the
kynges
handes
:
butte
whether
yt
shall
bee
made
wythe
the
yssues
and
profytes
from
the
tyme
of
the
Ideottes
deathe
,
or
onelye
butte
from
the
time
of
the
tender
of
the
Oustere
le
mayne
learne
,
butte
yf
the
landes
that
the
kynge
hadde
so
in
custodye
bee
holden
of
hym
in
capite
,
thenne
notwythestandyng
these
wordes
of
the
statute
yet
the
kynge
shall
haue
wardeshyppe
,
prymer
seisin
,
and
all
other
prerogatiues
as
yf
hys
tenaunte
in
chiefe
hadde
dyed
seased
thereof
,
beynge
noe
Ideot
,
as
it
maye
appeere
in
the
newe
Natura
breuium
.
fol.
2●6
.
And
there
it
appeares
folio
.
2●2
.
allso
,
that
allthoughe
the
Ideot
helde
noe
landes
of
the
kyng
,
yet
a
Diem
clausit
extremum
shall
bee
awarded
after
hys
deathe
to
enquire
what
landes
hee
dyed
seased
of
,
of
whom
they
are
holden
&c.
And
it
is
to
be
noted
that
yf
one
be
found
Ideot
by
office
&
before
the
king
seaseth
the
lands
the
Ideot
dies
,
yet
the
kynge
shall
sease
,
beecause
of
these
woordes
in
the
statute
●
post
mortem
eorum
reddat
eam
rectis
heredibus
.
whych
his
grace
cannot
do
but
vpon
a
seisure
,
and
thys
appeares
18.
Procheyne
amye
,
but
he
hym
selfe
shall
appeare
in
proper
persone
in
euerye
accyon
broughte
agaynste
hym
,
and
whosoeuer
wyll
pleade
beste
for
hym
shall
bee
admytted
:
and
learne
and
enquire
yf
the
Ideot
bee
but
tenaunte
for
terme
of
lyfe
or
yeares
yf
the
kynge
shall
haue
hys
prerogatiue
therein
or
not
,
beecause
the
Ideot
cannot
alien
that
lande
to
the
disherison
of
hys
heire
:
and
yf
hee
shall
,
howe
the
lessour
shall
ponishe
the
waste
doone
in
the
kynges
tyme
.
And
learne
allso
whether
the
kynge
shall
haue
the
goodes
of
an
Ideot
as
wel
as
lande
,
thenne
laste
of
all
yf
one
bee
founde
Ideot
whiche
is
none
in
deede
.
The
manner
howe
hee
shall
auoyde
this
office
appeares
in
the
newe
Natura
breuium
folio
.
233
that
is
to
saye
,
hee
that
is
falslye
founde
to
bee
an
Ideot
eyther
by
him selfe
or
his
frinds
shall
come
in
to
the
chauncerye
or
beefore
the
chauncelloure
of
Englande
and
the
kynges
counsell
and
praye
to
bee
examyned
of
hys
ideocye
,
or
hee
maye
sue
a
writte
out
of
the
chauncerye
to
hym
that
hathe
the
keepynge
of
hym
to
brynge
hym
beefore
the
kynge
and
hys
counsell
to
be
examined
,
and
if
he
be
found
vpon
hys
examination
to
be
noe
Ideot
,
then
by
that
is
th
office
and
all
the
reste
of
the
proces
auoyded
wythoute
anye
farther
trauerse
:
howebeit
where
a
Scire
facias
is
awarded
agaynste
the
feffee
of
the
Ideot
,
there
the
feffee
appearing
vppon
the
Scire
facias
maye
trauerse
the
Ideocye
,
as
it
appeares
,
he
dyd
in
the
booke
before
of
.18
.
Edward
the
third
.
And
note
that
by
a
statut
made
in
the
.32
.
of
Henry
the
eight
the
xlvi
.
chapiter
,
Ideottes
and
theire
landes
bee
in
the
surueye
of
the
courte
of
wardes
,
and
the
same
courte
maye
let
and
set
theire
landes
,
but
not
to
graunt
the
custody
of
their
bodyes
for
anye
woordes
that
I
can
perceaue
in
the
same
statute
.
The
tenthe
chapiter
.
ITem
rex
prouidebit
quando
aliquis
qui
prius
habuerit
memoriam
&
intellectum
non
fuerit
compos
mentis
sue
sicut
quidam
sunt
per
lucida
interualla
quod
terre
et
tenementa
eiusdem
saluo
custodiantur
sine
vasto
&
destructione
,
&
qd'
ipse
&
familia
sua
de
exitibus
eorundem
viuant
&
sustineantur
competenter
,
&
residuum
vltra
sustentacionem
eorundem
rationabiliter
custodiatur
ad
opus
ipsorum
,
liberand'
eisdem
quando
memoriam
recuperauerint
,
ita
qd'
predicta
terre
et
tenementa
infra
predictum
tempus
nullatenus
alienentur
,
nec
rex
aliquid
de
exitibus
percipiat
ad
opus
suum
.
Et
si
obierit
in
tali
statu
,
tunc
illud
residuum
distribuatur
pro
anima
eiusdem
per
consilium
ordinarij
.
It
appearethe
bye
Bracton
in
hys
fifthe
booke
amonge
th
exceptions
to
the
persone
of
the
playnetyfe
that
it
is
a
good
exception
to
saye
that
hee
that
ys
demaundaunt
or
plainetife
is
of
Non
sane
memorie
.
For
these
bee
hys
woordes
.
Competit
etiam
tenenti
exceptio
peremptoria
ex
persona
petentis
si
petens
furiosus
fuerit
,
vel
non
sane
mentis
quod
discere
nesciat
,
vel
quod
omnino
nullam
habeant
discretionem
:
tales
non
multum
distant
a
brutis
que
ratione
carent
,
nec
valet
quod
cum
talibus
agitur
du
rante
furore
.
Possunt
enim
quidam
aliquando
dilucidis
gaudere
interuallis
,
&
quidam
habent
furorem
perpetuum
:
quod
autem
actum
fuerit
cum
talibus
tempore
quo
dilucidis
gaudent
interuallis
ratum
erit
,
ac
si
cum
alijs
ageretur
siue
furorem
suum
simulauerint
siue
non
,
acquirere
quidem
non
poterunt
in
ipso
furore
vel
cum
non
fuerint
sane
mentis
aliqui
qui
consentire
non
possunt
nec
adquisita
alienare
vel
dare
,
quia
alienacioni
non
magis
consentire
possuut
quam
adquitsiioni
,
sed
seisinam
retinent
quia
animum
mutare
non
possunt
quem
acquirendo
cum
essent
sane
mentis
habuerunt
,
&
furor
superueniens
nichil
adimit
non
maius
quam
morbus
incurabilis
,
sicut
lepra
:
secundum
quod
dicitur
quod
multa
impediunt
contrahendo
que
non
dirimunt
contractum
,
&
ita
sunt
multa
que
impediunt
promotionem
,
que
non
deiciuntiam
promotum
.
Et
talibus
de
necessitate
dandus
est
tutor
vel
curator
.
So
it
appearethe
by
Bracton
that
in
his
tyme
yt
was
thought●
expediente
that
folkes
that
weare
destraughte
shoulde
haue
a
tutoure
or
one
that
shoulde
take
the
charge
of
them
,
whyche
offyce
sens
is
reuolued
vnto
the
kynge
and
made
parcell
of
his
prerogatiue
.
For
as
Fitsherbert
in
hys
Natura
breuium
folio
.
252.
verye
well
sayethe
.
The
kynge
ys
the
protectoure
of
all
hys
subiectes
and
of
all
theire
goodes
,
landes
and
tenementes
,
and
therefore
of
suche
as
cannot
gouerne
them selues
nor
order
theire
landes
and
tenementes
hys
grace
(
as
a
father
)
muste
take
vppon
hym
to
prouyde
for
them
,
that
theye
them
selues
and
theire
thinges
maye
bee
preserued
.
And
beecause
that
Lunacye
or
madnes
ys
not
frome
the
tyme
of
ones
byrthe
,
(
as
Ideocye
is
,
butte
commeth
sometymes
hys
fytes
or
courses
)
hys
grace
therefore
can
clayme
no
certayne
intereste
in
the
lunatike
persone
,
lyke
as
hee
maye
doe
in
the
Ideot
:
and
therefore
it
ys
ordeyned
that
his
booke
.
f.
27.
which
nowe
this
statut
hath
made
clere
and
without
question
.
The
twelfthe
chapiter
.
ITem
habebit
escaet
'
de
terris
Normanorum
cuiuscumque
feo
di
fuerint
,
saluo
seruicio
quod
pertinet
ad
capitales
dominos
feodi
illius
,
et
hoc
similiter
intelligendum
est
,
si
aliqua
hereditas
descendat
alicui
nato
in
partibus
transmarinis
,
&
cuius
antecessores
fuerunt
ad
fidem
regis
Francie
de
tempore
regis
Iohannis
&
non
ad
fidem
regis
Angliae
,
sicut
con
tingit
de
baronia
Monumete
postmortem
Iohannis
de
Monumeta
cuius
heredes
fuerunt
de
Britan̄
&
alibi
de
feodis
aliorum
recuperauerit
Henricus
plures
escaetas
de
terris
Normānorū
occasione
predicta
,
&
eas
contulit
tenendas
de
capitalibus
do
minis
feodi
per
seruitia
inde
debita
&
consueta
.
It
Appereth
by
the
Cronicles
that
king
Ihon
was
the
last
duke
of
Normandie
&
that
in
his
time
Normandy
was
lost
,
wherupon
king
Henry
his
sonne
as
it
may
appeare
by
the
later
clause
of
this
chapiter
recouered
diuers
escheates
of
lande
within
this
realm
holden
by
Normans
,
which
after
they
began
to
adhere
to
the
French
king
the
kings
enemy
&
became
traytors
vnto
his
highnes
,
they
forfaited
al
their
lands
by
order
of
the
common
law
to
the
king
of
whomsoeuer
they
were
holden
.
Howbeit
in
such
cases
after
the
forfaiture
,
if
the
king
had
geuen
these
lands
to
any
other
he
might
not
haue
geuen
them
to
holde
of
him selfe
,
but
onelye
of
them
of
whom
they
weare
before
holden
:
as
this
statute
plainelye
declareth
that
king
Henry
the
third
so
did
.
De
custod'
&
maritagijs
dn̄orum
,
and
likewise
in
Britton
folio
.
28.
The
woordes
of
the
statut
be
further
.
Hoc
similiter
intelligendum
est
si
aliqua
hereditas
discendat
alicui
nato
in
partibus
transmarinis
et
cuius
antecessores
fuerunt
ad
fid
ēregis
Franciae
de
tempore
regis
Iohannis
Angliae
,
sicut
de
baronia
Monumete
post
mortem
Iohannis
de
Monumeta
,
cuius
heredes
fuerunt
de
Brittannia
vel
alibi
.
By
this
braunch
it
shoulde
appeare
that
at
this
time
men
of
Normandy
,
Gascoign
,
Guion
,
Angeo
&
Brittain
,
were
inheritable
within
this
realm
as
wel
as
English
men
,
because
that
they
were
somtime
subiect
vnto
the
king
of
England
and
vnder
their
dominion
vntil
king
Ihons
time
as
is
aforesaide
,
and
yet
after
his
time
those
men
(
sauynge
suche
whose
landes
weare
taken
awaye
for
treason
)
weare
still
inheritable
within
this
realme
,
till
the
makynge
of
this
statute
.
And
in
the
time
of
peace
beetweene
the
twooe
kinges
of
Englande
and
Fraunce
theye
weare
aunswerable
within
this
realme
if
they
had
broughte
anye
action
for
theire
landes
and
tenementes
,
as
it
doth
plainly
appere
by
Bracton
in
his
fifth
boke
in
the
title
De
exceptione
quia
alienigen̄
,
for
these
be
his
words
.
Est
autem
alia
exceptio
q
competit
tenenti
ex
persona
petentis
propter
defectum
nationis
q
dilatoria
est
et
non
perimit
,
actionem
.
Vt
si
quis
alienigena
qui
fuer'
ad
fidem
regis
Francie
&
actionem
instituit
versus
aliquem
qui
fuerit
ad
fidem
regis
Angliae
,
talis
non
respondeatur
saltem
donec
terre
sint
communes
,
nec
etiam
si
rex
ei
conces
serit
specialiter
placitare
,
quia
sicut
Anglicus
non
auditur
in
placitando
aliquem
de
terris
&
tenementis
in
Francia
,
ita
non
debet
alienigena
&
Francigena
qui
fuerit
ad
fidem
regis
Franciae
audiri
placitando
in
Anglia
.
Note
here
that
he
sayethe
that
this
exception
is
but
dilatorie
and
not
peremptorie
,
whiche
proueth
that
hee
shall
haue
his
accion
at
an
other
time
,
that
is
to
say
,
in
the
time
of
peace
.
And
also
he
sayeth
after
,
Donec
terre
sunt
communes
,
which
is
as
much
to
say
vntill
suche
time
as
there
is
peace
beetwene
Fraunce
&
Inglande
.
Also
Bracton
in
his
thirde
booke
vnder
the
title
quod
mulier
ostendat
warrantum
per
quem
petit
dotem
sayethe
si
warrantus
fuerit
ad
fidem
regis
Franciae
&
excipiatur
de
warranto
remanebit
dotis
exactio
in
suspenso
imperpetuu
vel
ad
tempus
saltem
donec
terre
fuerint
comunes
.
This
warrant
of
dower
is
the
heire
of
the
husbands
for
by
th auncient
law
if
a
woman
had
brought
her
writ
of
dower
against
any
other
but
the
heire
,
he
was
not
bounde
to
aunswere
her
dower
vntill
such
time
as
she
had
brought
foorth
her
warraunt
that
is
to
say
,
the
heire
.
In
like
case
after
shee
is
endowed
she
is
not
bounde
to
aunswere
to
anye
other
without
the
heire
,
and
if
it
might
appeare
that
the
heir
had
no
righte
in
the
second
part
,
then
shoulde
shee
be
barred
of
her
accion
of
dower
,
as
it
appeareth
in
the
case
beefore
that
hys
right
is
suspended
when
he
is
a
Frenchman
and
the
.ij.
realmes
at
warre
.
Howebeit
it
appearethe
as
I
haue
sayde
before
that
this
exception
is
not
peremptorie
,
but
that
after
the
twoe
realmes
be
agayne
at
peace
,
she
shall
haue
her
dower
.
The
woordes
of
this
braunche
be
also
in
the
Copulatyue
,
that
is
to
say
,
that
the
auncester
must
be
of
the
allegeaunce
of
the
Frenche
king
,
&
that
the
heire
of
the
sayd
auncester
is
born
in
the
part
of
beyond
sea
.
I
put
case
than
that
the
auncestour
were
of
the
allegeaunce
bothe
of
th
one
kynge
and
the
other
that
is
to
say
the
Frenche
king
and
the
kyng
of
Englande
whether
is
this
within
the
compas
of
this
statute
?
For
Bracton
in
his
saide
v.
book
vnder
the
title
De
exceptione
quia
alienigena
saith
.
Quod
sunt
aliqui
qui
sunt
ad
fidem
vtriusque
sicut
fuit
W.
comes
Marescallus
&
manens
in
Anglia
et
Michaell
de
Seins
manens
in
Francia
et
alii
plures
,
et
ita
tamen
quod
si
contingat
guerra
moueri
inter
Reges
remaneat
personaliter
quilibet
eorum
cum
eo
cui
fecerit
ligeantiam
.
Whereby
it
shoulde
appeare
that
of
suche
as
were
in
allegeaunce
to
bothe
kinges
,
the
kinge
shoulde
haue
no
eschetes
of
their
landes
.
For
the
woords
of
the
statute
bee
not
onlye
ad
fidem
regis
Franciae
,
but
also
et
non
ad
fidem
regis
Ang.
ideo
quere
.
And
whoe
shal
bee
inheritable
at
this
daie
that
bee
borne
in
the
parties
beyonde
the
sea
,
and
who
not
.
See
the
statute
thereof
made
in
the
.25
.
yeare
of
king
Edwarde
.3
.
de
natis
in
partibus
transmarinis
.
The
thirtenth
chapiter
.
QVando
aliquis
qui
de
rege
tenet
in
Capite
in
fata
decedat
,
et
heres
eius
ingrediatur
tentum
qd'
antecessor
suus
tenuit
de
rege
die
quo
obiit
,
antequam
fecerit
homagium
regi
et
seisinam
suam
ceperit
per
regem
,
tunc
nullum
accrescit
ei
liberum
tenementum
.
Et
si
obierit
seisitus
per
idem
tempus
vxor
eius
non
habebit
dotem
de
tenemento
illo
,
sicut
contingit
de
Matilda
filia
comitis
Hereford
vxoris
Manusel
marescalli
,
qui
post
mortem
wilhelmi
Marescalli
Anglie
fratris
sui
cepit
seisinam
castri
et
manerii
de
Scrogoill
,
et
obiit
in
eodem
castro
antequam
intrasset
per
regem
et
fecisset
ei
homagium
,
et
vnde
concordatum
fuit
quód
vxor
non
haberet
dotem
,
eo
quôd
vir
suus
non
intrauit
per
Regem
immo
per
intrusionem
,
sed
hoc
non
intelligatur
de
Socagio
et
paruis
tenuris
.
This
Statute
is
but
an
affirmacion
of
the
common
lawe
,
as
it
maye
appeare
by
the
case
comprised
in
the
same
which
was
ruled
before
the
makynge
of
thys
statute
and
iudged
accordinge
to
th
effecte
hereof
.
And
this
statute
seemeth
too
putte
a
paine
vppon
the
heires
that
will
entrude
before
they
haue
sued
theire
lyuere
,
and
taketh
awaye
from
them
the
free
holde
that
the
lawe
had
else
vested
in
them
:
And
yet
it
is
not
taken
so
generallye
as
the
woordes
bee
,
but
specially
and
onelye
of
intrusions
after
office
founde
,
and
not
before
:
And
therefore
if
the
heire
enter
after
the
deathe
of
hys
auncestour
and
before
office
founde
,
and
the
kynge
pardoneth
him
all
entries
with
the
profites
,
this
is
good
and
amounteth
to
a
speciall
liuere
,
so
that
the
heir
needeth
to
sue
no
moe
liueries
,
and
yet
if
th
entrusion
were
after
office
and
then
the
kinge
woulde
pardone
him
it
were
void
,
bycause
that
at
the
tyme
of
the
pardone
he
had
no
freeholde
whereuppon
the
pardon
might
enure
.
Like
lawe
is
if
the
heire
before
office
enter
and
make
a
feffement
and
the
kynge
pardone
the
feoffee
it
is
good
,
Like
lawe
is
it
if
hee
dye
after
office
founde
and
beefore
anye
entrie
.
Like
lawe
is
it
if
hee
entre
before
office
and
dye
.
But
if
the
kynge
bee
once
seised
by
offyce
and
the
heire
dye
before
licence
,
and
the
nexte
heire
will
enter
beefore
a
Deuenerunt
sued
and
dyeth
,
hys
wife
shall
not
bee
endowed
,
for
in
that
case
it
is
an
intrusion
after
office
.
For
when
the
kynge
is
ones
seised
by
office
this
seisine
remains
till
liuerie
or
ouster
le
maine
be
sued
,
These
woordes
are
to
bee
intended
of
common
Socage
,
for
if
hee
holde
of
the
kynge
in
Socage
in
chiefe
and
wyll
intrude
after
office
,
nullum
accrescit
ei
liberum
tenementum
,
no
more
than
if
the
landes
were
holden
by
knyghtes
seruice
in
chiefe
.
ouster
le
mayne
missueth
the
same
and
entreth
thereby
,
thys
entrye
is
an
intrusion
vppon
the
kynges
possession
,
and
hys
wyfe
of
that
possession
shall
not
bee
endowed
as
appearethe
.
21.
et
.
24.
Edward
.
3.
The
fourtenth
chapiter
.
ITem
Rex
habebit
escaetas
de
terris
libere
tenentium
Archiepiscoporum
et
Episcoporum
quando
ipsi
tenentes
damnati
sunt
pro
felonia
facta
tempore
vacationis
,
dum
temporalia
eorundem
fuerunt
in
manu
domini
regis
,
conferend'
cui
voluerit
imperpetuum
,
saluo
seruicio
quod
ad
dictos
prelatos
inde
pertinet
et
fieri
consueuit
.
Of
this
statute
I
fynde
no
bookecase
,
Howbeit
the
letter
of
it
is
verie
plaine
and
needs
no
maner
of
exposicion
.
For
it
goeth
not
to
anye
other
eschetes
than
suche
as
growe
vppon
offences
.
And
if
the
crime
or
offence
were
done
whyle
the
lande
was
in
the
kinges
handes
,
notwithstandinge
the
partie
were
not
attainted
thereof
vntill
suche
time
as
the
landes
bee
out
of
the
kinges
handes
,
yet
the
king
shal
haue
the
eschete
by
force
of
this
statute
.
And
heare
it
appearethe
howe
the
kinge
shall
not
hold
the
landes
forfaited
still
in
his
handes
but
must
geue
them
ouer
to
hold
of
them
that
they
were
holden
of
before
.
The
fiftenthe
chapiter
.
QVando
dominus
Rex
dat
vel
concedit
alicui
manerium
vel
terram
cum
pertin'
,
nisi
faciat
in
charta
sua
vel
scripto
expressam
mentionem
de
feodis
mill'
aduocationibus
ecclesiarum
,
et
dotibus
cum
accidunt
ad
predictum
manerium
vel
terram
pertinent
tunc
his
diebus
rex
reseruat
sibi
eadem
feoda
,
aduocationes
cum
dotibus
licet
inter
alias
personas
non
fuerint
obseruata
.
It
is
agreed
in
.43
.
E.
3.
cum
pertin'
,
yet
th
auouson
hadde
passed
from
his
highnes
by
the
sayde
grant
:
for
in
those
daies
the
king
was
but
a
comon
parson
,
&
a
write
of
Enter
sur
disseisin
,
Precipe
H.
regi
Angliae
,
in
place
wherof
is
now
geuen
Peticion
by
hys
Prerogatiue
.
And
so
it
is
said
.22
.
E.
3.
that
in
tyme
of
king
H.
3.
and
before
the
king
should
be
empleded
as
any
other
comen
person
.
But
king
E.
his
sonne
ordeined
that
none
should
sue
him
but
be
driuen
to
their
peticion
.
Howbeit
(
sauing
reformacion
of
these
bookes
)
I
think
the
law
was
neuer
so
that
a
man
should
haue
any
suche
accion
against
the
kinge
.
For
Bracton
which
wrote
in
king
H.
3.
time
or
nere
thereupon
,
saith
in
his
.iii.
booke
vnder
the
title
Contra
quem
competit
assisa
in
this
wise
:
Inter
cetera
videndum
est
quis
sit
ille
qui
deiecit
,
Princeps
ex
potentia
,
vel
aliquis
nomine
suo
,
vel
iudex
qui
male
iudicauerit
,
an
priuata
persona
,
si
princeps
vel
rex
vel
alius
qui
superiorem
non
habuerit
nisi
deum
,
contra
ipsum
non
habebitur
remedium
per
assisam
,
imo
tantum
erit
locus
supplicationi
,
vt
factum
suum
corriget
et
emendet
,
quod
si
non
fecerit
,
sufficiat
ei
pro
pena
quod
deum
expectet
vltorem
,
qui
dicit
,
mihi
vindictam
et
ego
retribuam
,
nisi
sit
qui
dicat
quod
vniuersitas
regni
et
Barronagium
suum
facere
possit
et
debeat
in
Curia
ipsius
regis
,
sed
si
alius
ex
facto
et
disseisina
principis
statim
vel
ex
post
facto
in
seisinam
institerit
,
quamuis
talis
incidat
in
assisam
et
in
penam
vel
tantum
ad
restitutionem
secundum
quod
seisina
ad
ipsum
peruenerit
statim
vel
ex
post
facto
sine
principe
tamen
conueniri
non
poterit
per
assisam
,
quia
licet
quodamodo
disseisinam
fecerit
tamen
non
per
se
sed
cum
alio
.
s.
cum
principe
et
ita
quod
sine
eo
respondere
non
potuit
,
et
ita
non
procedit
assisa
.
Indirecte
tamen
et
quasi
ex
incidenti
et
sine
breui
comprehendi
poterit
persona
principis
ad
hoc
quod
factum
suum
emendet
,
vel
in
personam
suam
redundabit
iniuria
manifeste
,
vt
ecce
.
Esto
quod
impetretur
assisa
tantum
super
eum
ad
quem
res
translata
est
sine
principe
,
et
qui
tenetur
ad
restitutionem
et
ad
penam
,
vel
ad
minus
ad
restitutionem
,
et
ipse
respondeat
quôd
sine
principe
qui
fecit
iniuriam
per
se
vel
per
suos
respondere
non
debeat
,
quia
ipse
princeps
per
se
fecit
iniuriam
vel
ipsi
duo
insimul
,
extunc
erit
factum
et
iniuria
in
manu
domini
regis
,
qui
dici
debet
in
facto
quasi
warrantus
,
et
quod
tunc
poterit
si
warrantus
voluerit
factum
suum
emendare
quasi
a
lege
compulsus
,
et
quam
in
persona
sua
cum
sit
ei
submissus
debet
firmiter
obseruare
.
So
that
by
Bracton
it
appeareth
that
no
accion
lyeth
against
the
kinge
but
the
partye
greeued
is
dryuen
to
sue
to
the
king
by
peticion
.
But
the
reason
why
that
aduowsons
shoulde
passe
in
the
kings
case
by
the
order
of
the
common
lawe
thoughe
it
were
not
expressed
in
the
graunt
was
this
I
suppose
,
because
that
landes
or
tenementes
were
not
then
compted
as
thinges
that
touched
the
roiall
estate
or
that
made
the
kynges
crowne
lyke
as
Liberties
or
fraunchises
did
.
For
the
one
a
comon
persone
might
haue
as
well
as
the
kinge
,
but
the
other
none
might
haue
but
the
king
or
suche
as
were
able
to
shewe
his
grant
therof
,
and
therefore
saith
Bracton
in
his
first
booke
vnder
the
title
que
res
dari
possint
that
for
landes
currit
tempus
contra
regem
sicut
contra
quamlibet
priuatam
personam
Which
is
as
much
to
say
,
that
if
the
king
had
right
to
any
such
landes
or
tenementes
and
hadde
surcessed
his
time
so
longe
,
that
it
exceeded
the
time
of
limitation
in
a
write
of
right
,
his
highnes
hadde
lost
then
his
right
for
euer
.
And
herewith
agreeth
Briton
fo.
29.
But
that
is
(
saith
Britton
)
of
landes
,
parcell
of
the
kinges
eschetes
or
pourchased
landes
,
and
not
of
the
auncient
demeasnes
of
his
crowne
,
for
of
those
nullum
currit
ei
tempus
,
if
hee
haue
anye
righte
to
demaunde
them
.
So
that
by
Britton
this
reason
will
not
serue
for
landes
parcel
of
the
crowne
.
Ideo
quere
veram
rationem
.
Howbeit
since
this
statute
made
,
what
landes
soeuer
they
be
those
thinges
that
are
comprised
in
this
statut
passe
not
without
making
expresse
mencion
therof
.
Hetherto
we
haue
spoken
of
the
reason
why
at
the
common
lawe
aduowsons
shoulde
passe
by
graunt
of
the
manour
without
being
named
,
now
let
vs
see
how
since
the
makinge
of
this
statute
it
shal
lykewise
passe
by
graunt
of
the
manour
without
being
expressely
named
and
how
not
.
And
if
the
kinge
render
vp
to
him
that
was
in
warde
,
at
ful
age
,
his
landes
,
or
to
a
bishopp
his
temporalties
,
although
he
make
no
mencion
of
knights
fees
or
auousons
,
yet
all
passe
therwith
,
for
like
as
the
kinges
seisine
in
suche
case
is
by
these
woordes
omnia
terra
et
tenementa
,
without
speakinge
of
fees
or
auowsons
,
euen
so
being
sued
out
of
his
handes
by
these
woordes
,
omnia
terre
et
tenementa
,
cum
pertinent
,
not
makinge
mention
of
th
auouson
vnto
the
saide
Prior
yelding
a
rent
,
to
haue
&
to
hold
the
same
during
the
warre
.
And
his
reason
is
this
,
for
that
the
right
&
freehold
in
this
case
remaineth
still
in
the
Priour
notwithstandinge
any
such
seisin
,
&
the
kinge
is
but
to
haue
an
annuel
profit
therof
,
&
no
right
,
but
if
anye
bee
to
sue
dower
or
liuerie
with
a
particion
out
of
the
kinges
handes
they
by
that
cannot
haue
th
auouson
if
mencion
be
not
ther
of
made
,
no
more
than
they
can
that
claim
by
Graunt
:
and
yet
the
king
rendreth
them
the
thing
in
respect
of
a
right
before
,
as
he
doth
in
the
other
cases
.
But
what
then
?
they
claim
not
the
whole
lande
that
is
in
the
kinges
hands
but
only
parcell
therof
,
&
then
th
auouson
euermore
abydeth
with
that
that
remaines
,
if
expresse
mencion
be
not
made
therof
,
and
so
not
like
the
cases
before
where
the
king
makes
liuerie
of
the
whole
.
And
this
case
appeareth
also
in
the
said
booke
of
5.
E.
3.
And
note
that
in
al
cases
wher
the
king
seiseth
a
thing
as
his
owne
proper
right
as
he
doth
in
the
case
of
wardes
,
eschete
,
&
such
like
,
there
nothinge
passeth
by
Graunt
of
the
appurtenance
if
expresse
mencion
be
not
made
of
the
thinge
that
is
appurtenant
by
name
:
&
therfore
the
case
was
.29
.
E
3.
That
where
auowson
of
a
church
did
belong
to
a
Priorie
which
Priorie
was
seised
into
the
kings
hands
ratione
guerre
,
&
letten
againe
to
ferme
for
a
rent
to
the
Prior
,
&
afterward
the
king
graunted
away
the
patronage
of
the
Priorie
to
a
man
&
to
his
heires
,
&
the
custodie
(
duringe
the
warre
)
of
the
Priorie
with
al
that
belongeth
to
the
same
&
of
the
rent
reserued
with
al
the
profites
of
the
Priorie
that
the
king
had
seised
,
&
yet
thought
the
th
aduouson
passed
not
,
for
that
it
was
not
named
.
But
if
there
be
woordes
in
the
kings
grant
that
do
amount
to
as
much
as
th
expresse
naming
of
the
thinge
or
conteruaile
as
much
,
then
the
thing
passeth
as
farre
fourth
as
if
it
were
expressely
named
.
And
therefore
if
a
maner
to
the
which
auowson
is
appendant
be
in
the
kings
hands
by
eschete
or
purchase
&
the
king
geueth
the
manour
as
fully
&
as
wholly
as
suche
a
one
helde
the
same
before
th
eschete
or
pourchase
,
in
this
case
th
auouson
passeth
,
&
so
it
is
agreed
.43
.
E.
3.
fo.
●
.
And
learne
forasmuch
as
this
statute
maketh
mencion
but
of
three
thinges
,
that
is
to
say
,
knights
fees
,
auowsons
of
churches
,
&
dowers
,
whether
in
such
case
any
other
thinge
than
auouson
which
is
appendant
or
appurtenant
should
passe
by
woords
cum
pertin'
without
naming
of
it
.
cum
pertin'
not
naming
the
Lete
,
&
it
was
thought
the
Lete
should
passe
thereby
.
But
the
reason
was
there
because
it
was
parcel
of
the
towne
,
&
that
the
is
parcel
or
incident
to
an
other
thing
,
passeth
by
graunt
of
the
king
without
making
any
mencion
therof
.
And
therfore
if
the
king
be
seised
of
a
corodie
by
reason
that
he
is
a
patron
of
a
Priorie
,
&
graunteth
away
the
patronage
without
making
any
mencion
of
the
Corody
,
yet
the
grantee
shal
haue
the
corodie
:
&
so
it
is
aiudged
.26
.
gard
ꝑ
cause
de
gard
if
expresse
mention
be
not
made
thereof
.
And
so
is
it
if
one
bee
to
haue
restitucion
of
the
auouson
vna
cum
exit
'
&
the
church
becometh
void
,
&
the
king
makes
him
restitucion
with
the
meane
issues
&
profits
taken
,
yet
he
shal
not
haue
this
auoidance
that
is
so
fallen
without
expresse
mencion
be
made
ther
of
in
his
restitucion
,
as
appeareth
.18
.
24.
39.
et
.
46.
E.
3.
Presentment
al
esgl'
p.
5.
Therfore
enquire
what
the
reson
is
of
these
diuersities
&
what
is
ment
by
these
wordes
in
the
statut
Dotibus
cum
acciderit
ad
predictum
manerium
vel
terram
pertin'
.
For
as
I
suppose
those
wordes
serue
to
none
other
purpose
but
wher
the
king
is
to
assigne
dower
,
&
he
granteth
ouer
the
maner
Durante
minore
etate
of
the
heire
that
is
inward
to
another
,
this
patentee
shal
not
haue
th
assignement
of
dower
if
mencion
be
not
made
therof
in
his
patent
.
Howbeit
learne
&
enquire
what
is
the
true
meaning
of
the
said
wordes
.
The
laste
chapiter
.
ITem
Rex
habebit
omnia
catalla
felonum
damnatorum
et
fugitiuorum
vbicunque
fuerint
inuenta
,
et
si
ipsi
habeant
liberum
tenementum
tunc
illud
statim
capietur
in
manum
domini
regis
,
et
Rex
habebit
omnes
exitus
eiusdem
per
vnum
an
num
et
vnum
diem
,
et
tenementum
illud
vastabitur
et
destruetur
de
domibus
,
boscis
et
gardinis
,
et
aliis
quibuscunque
ad
predictum
tenementum
spectantibus
,
exceptis
hominibus
quorundam
priuilegiatorum
inde
per
regem
.
Et
postquam
dominus
rex
habuerit
annum
,
diem
et
vastum
,
tunc
reddatur
tenementum
illud
capitali
domino
feodi
illius
nisi
prius
faciat
finem
pro
anno
die
et
vasto
de
consuetud'
tamen
dicitur
quod
post
annum
et
diem
terre
et
tenementa
felonum
in
Gloc
reddentur
et
reuertentur
proximo
heredi
,
cui
debuerant
descendisse
si
felonia
facta
non
fu
isset
,
Et
in
Kent
in
Gauelkinde
the
father
to
the
boughe
,
the
sonne
to
the
ploughe
.
Ibidem
omnes
heredes
masculi
participabunt
hereditatem
eorum
,
et
similiter
femine
:
sed
femine
non
particibabūt
cum
masculis
.
Et
mulier
habebit
post
morte
viri
medietatem
pro
dote
sua
,
Et
si
mulier
fornicetur
in
viduitate
perdet
dotem
suam
,
vel
si
sit
desponsata
viro
.
Beefore
this
statute
Glanuil
did
write
in
this
wise
in
his
vii
.
booke
vnder
the
tytle
De
vltimis
heredibus
.
Notandum
quód
si
quis
de
felonia
conuictus
fuerit
,
vel
confessus
in
curia
et
de
domino
rege
tenuerit
in
Capite
,
tunc
tam
terra
quâm
omnes
res
mobiles
sue
et
catalla
penes
quemcunque
inueniantur
,
ad
opus
domini
Regis
capientur
sine
omni
recuperatione
alicuius
heredis
sui
,
si
autem
de
alio
quâm
de
rege
tenuerit
is
qui
vtlagatus
est
vel
de
de
felonia
conuictus
tunc
quoque
omnes
res
eius
mobiles
Regis
erunt
.
Terra
autem
per
vnum
annum
remanebit
in
manu
domini
regis
.
Elapso
autem
anno
,
terra
eadem
ad
rectum
dominum
scilicet
ad
ipsum
de
cuius
feodo
est
reuertetur
,
veruntamen
cum
domorum
subuersione
et
arborum
extirpatione
.
Et
generaliter
quotiescunque
aliquis
aliquid
fecerit
vel
dixerit
in
curia
propter
quod
per
iudicium
curiae
exheredatus
fuerit
,
hereditas
eius
ad
dominum
feodi
de
quo
illa
tenetur
tanquam
Eschaeta
solet
reuerti
.
Foriffactura
autem
filii
et
heredis
alicuius
patrem
non
exheredat
,
neque
fratrem
neque
alium
quam
se
ipsum
.
Préterea
si
de
furto
fuerit
aliquis
condemnatus
,
res
eius
mobiles
,
et
omnia
cattalla
sua
vicecomiti
prouinciae
remanere
solent
,
terram
autem
si
quae
fuerit
dominus
feodi
recuperabit
statim
non
expectato
Anno.
By
this
it
should
appere
that
in
Glanuiles
tyme
,
for
theft
onelye
the
shirife
shoulde
haue
the
goods
that
were
forfaite
,
and
that
as
it
shoulde
seeme
to
his
owne
vse
,
and
not
to
the
kinges
.
For
hee
saieth
,
the
lordes
in
that
case
shoulde
recouer
their
eschetes
before
the
yere
,
daye
,
and
the
wast
.
Howbeit
,
the
statute
made
since
that
time
geues
all
felones
goodes
to
the
kinge
without
anye
exception
.
And
hereuppon
it
is
to
be
seene
firste
what
is
comprised
in
thys
woorde
catalla
.
Catalla
is
a
generall
woorde
whiche
comprehendes
as
well
Chatels
mouable
as
not
moueable
.
For
leases
for
terme
of
yeares
are
within
this
woord
catalla
,
as
appeareth
by
Bracton
in
his
seconde
booke
in
the
tytle
of
Forfaiture
of
Felons
sayeng
quod
terminum
annorum
erit
domini
regis
,
vt
catalla
.
Quia
accipit
terminum
ad
similitudinem
catallorum
.
And
therewith
agreeth
the
booke
in
.
39
H.
6.
And
in
the
title
of
Auowrie
p.
151.
And
in
the
title
of
Forfaiture
p.
15.
Then
let
vs
see
further
what
may
be
saide
vppon
this
word
Felonum
.
If
th
offence
that
is
committed
be
felony
,
then
is
it
properlye
within
the
compas
of
this
woorde
Felonum
,
&
he
that
committes
th
offence
shal
be
saide
Felo
.
Notwithstanding
that
he
therefore
shal
not
suffer
death
:
as
in
a
case
where
one
killeth
another
se
defendendo
or
by
misaduenture
,
this
offence
is
felony
,
and
hee
that
committes
it
shal
forfait
his
goodes
notwithstanding
that
hee
obtayne
pardon
of
life
.
The
woordes
bee
further
,
Damna
torum
&
fugitiuorum
.
Sometimes
the
king
shall
haue
his
chatell
,
although
he
be
not
condemned
of
the
felony
,
as
if
a
man
be
arrested
for
felony
and
afterwardes
breakes
the
arrest
and
the
other
ere
hee
can
take
him
againe
killes
him
,
in
this
case
hee
that
is
killed
shall
forfaite
his
goodes
,
and
yet
hee
was
neuer
attainted
of
th
offence
.
quia
fugam
fecit
.
Ideo
quere
.
Hee
that
is
felo
.
de
se
shall
forfaite
his
gooddes
and
yet
hee
was
neuer
attainted
.
Like
lawe
is
before
,
And
in
an
other
place
hee
saieth
,
Quod
nullum
crimen
maius
inobedientia
,
quia
pro
contemptu
et
inobedientia
porerit
quis
excommunicari
,
sicut
pro
quolibet
peccato
mortale
,
cum
omnes
subditi
debeant
esse
Regi
tanquam
precellenti
,
maxime
in
honestis
,
et
ducibus
eius
tanquam
ab
eo
missis
,
et
sic
concordat
lex
diuina
aliquantulum
cum
humana
.
And
also
saieth
quod
vtlagatus
de
felonia
foriffacit
patriam
et
amicos
,
forisfacit
quae
pacis
sunt
,
forisfacit
quae
legis
sunt
,
forisfacit
quae
iuris
sunt
,
et
possessionis
,
et
forisfacit
actionem
ante
vtlagariam
sibi
datam
.
Thus
by
the
waye
haue
I
noted
vntoo
you
suche
thinges
out
of
Bracton
,
as
mee
seemeth
bee
notable
,
and
make
somewhat
for
this
purpose
:
Althoughe
I
needed
not
to
haue
gone
so
farre
as
to
outlawrie
for
exposition
of
this
woorde
fugitiuorum
,
but
might
haue
rested
at
the
flyenge
.
For
if
one
flee
for
the
deathe
of
a
man
,
and
this
presented
before
the
Coroner
,
hee
shall
forfait
all
his
goodes
that
hee
hadde
the
daye
of
that
presentment
or
at
anye
time
since
,
till
hee
bee
acquited
of
the
saide
deathe
.
And
notwithstandynge
that
an
enquest
vppon
hys
arrainement
doth
afterwarde
acquyte
him
,
Also
there
is
an
other
maner
of
fleeynge
,
for
the
whyche
a
manne
shall
forfait
his
goodes
,
and
that
is
where
in
appeale
or
enditement
of
felonye
,
the
partye
that
is
appealed
or
endited
will
not
appeare
,
but
suffer
the
exigent
to
be
awarded
against
him
,
hee
thereby
forfaiteth
hys
gooddes
and
the
profites
of
hys
landes
,
whiche
he
hadde
the
daye
of
th
exigent
awarded
,
or
at
anye
tyme
after
.
And
notwythstandinge
that
hee
afterwardes
happen
to
bee
acquyted
of
the
sayde
felonye
,
yet
the
forfaiture
remaines
,
For
when
hee
tarrieth
the
awardynge
of
th
exigent
it
appearethe
of
recorde
that
hee
hath
withdrawen
hymselfe
,
and
thys
you
shall
fynde
in
.
22.
lib.
Ass.
pl.
81.
and
41.
li.
Assise
.
Contrarye
lawe
it
is
if
after
the
exigent
awarded
the
appelle
doe
abate
for
insufficience
,
or
for
that
that
hee
that
is
outlawed
was
emprisoned
meane
betweene
the
awardynge
of
the
exigent
and
the
outlawrie
pronounced
.
For
in
that
case
if
he
reuerse
the
vtlarie
,
yet
his
goodes
remain
still
forfait
.
Petit
larcenie
shall
forfayte
his
goodes
,
tamen
quere
.
And
note
for
a
generall
rule
that
the
towneship
where
the
goodes
of
felones
or
fugitiues
bee
founde
shal
alwaies
aunswere
the
kinge
of
them
,
and
the
shiriue
,
of
the
issues
and
profites
of
the
landes
:
and
therefore
the
towneship
may
seise
them
for
the
kinge
.
For
it
is
no
plee
for
them
to
saye
they
were
not
deliuered
vnto
them
.
Britton
.
fo
.
4.
Where
you
shall
see
this
matter
set
fourthe
more
fully
.
And
in
.43
.
Britton
.
fo
.
17.
Howbeit
now
by
the
statut
made
in
the
first
yere
of
kinge
Richarde
.3
.
the
thirde
ca.
it
is
ordeined
that
none
shall
seise
the
goods
of
any
person
arrested
or
emprisoned
before
that
they
be
attainted
,
or
that
the
goods
bee
otherwise
forfaited
,
vpon
peine
to
pay
the
double
value
thereof
.
This
statute
extendeth
not
to
any
other
but
too
such
as
be
in
prison
:
For
by
the
statute
de
proditionibus
25.
E.
3.
ca.
14.
If
one
bee
endited
of
felonie
which
is
not
emprisoned
,
the
sheriue
at
the
second
Cape
shal
seise
his
goods
,
and
yet
they
bee
not
at
that
time
forfaited
.
And
also
the
statut
of
.
R.
3.
doth
not
extend
to
landes
but
onely
to
goodes
.
Then
for
the
relacion
,
as
for
the
goodes
it
hath
no
relacion
but
onely
from
the
daye
that
the
forfaiture
is
presented
or
verdit
geuen
,
and
therfore
it
is
sayd
in
33.
E.
3.
that
if
he
sell
them
before
hee
bee
attainted
the
sale
is
goode
,
an
ousterle
main
for
the
same
out
of
the
kinges
handes
,
as
it
appereth
8.
annum
,
diem
et
vastum
and
in
what
not
.
The
kinge
shall
not
haue
annum
,
diem
et
vastum
of
clerks
conuict
after
verdit
,
because
hee
forfetes
no
land
.
Like
lawe
is
it
of
lands
in
Gauelkinde
where
the
father
is
hanged
,
but
otherwise
it
is
if
he
be
outlawed
or
abiured
for
felonie
,
for
there
the
kinge
shal
haue
the
yeare
,
daie
&
wast
,
and
this
appereth
3.
anouster
le
main
after
the
death
of
her
husbande
.
If
one
be
arested
for
felonie
&
brekes
the
arest
,
so
that
in
the
pursuyt
of
him
he
is
killed
because
hee
woulde
not
otherwise
be
taken
,
Exceptis
hominibus
quorūdam
priuilegiatorum
ind●
ꝑregē
.
Gloc
'
comprised
in
this
statut
,
wherby
it
should
appere
that
notwithstanding
any
such
custome
yet
the
king
should
haue
annum
et
diem
but
not
so
of
lands
in
Gauelkinde
as
I
haue
sayd
before
.
¶
Proces
to
bee
sued
after
the
deathe
of
the
kinges
tenaunt
in
chiefe
.
By
a
statute
made
in
the
33.
yere
of
the
late
kinge
of
most
famous
memorie
,
H.
8.
the
22.
chapter
it
is
ordeined
and
prouided
amonge
other
things
,
that
no
person
or
persons
hauing
lands
or
tenements
aboue
the
yerely
value
of
fiue
poundes
shal
haue
or
sue
any
liuerie
before
inquisition
or
office
found
before
th
eschetour
or
other
commissioner
or
commissioners
by
vertue
of
the
kinges
writ
or
commission
too
bee
directed
out
of
the
kinges
chauncerie
or
other
courtes
hauing
authoritie
to
mak
suche
writes
or
commissions
for
suinge
of
liueries
,
which
writs
or
commissions
shal
not
passe
out
of
the
chancerie
nor
any
other
courts
but
by
a
warrant
or
bill
too
bee
assigned
and
subscribed
with
the
handes
and
names
of
the
master
of
the
kinges
wardes
and
liueries
,
surueiour
of
his
liueries
,
or
the
attourne
and
resceiuor
of
the
court
of
the
wardes
and
liueries
,
or
three
,
twoo
,
or
one
of
them
,
to
bee
directed
&
deliuered
to
the
chanceller
of
England
or
to
any
other
chanceler
or
officer
hauing
power
to
awarde
such
writes
:
And
if
the
lands
or
tenements
wherof
any
inquisition
is
to
be
had
by
vertue
of
any
such
writ
or
commission
excede
the
yerely
value
of
fiue
poundes
that
then
such
as
sue
for
such
writes
and
commissions
shal
pay
for
the
seale
and
writing
therof
such
fees
as
hath
ben
accustomed
.
And
if
the
sayd
lands
&
tenements
wherof
any
such
inquisicions
and
offices
ar
to
be
found
by
vertue
of
any
such
writ
or
commission
excede
not
the
sayde
yerely
value
of
v
pounde
,
them
such
as
shal
sue
for
such
writs
or
commissions
shall
paye
for
the
seale
of
euery
of
them
vi
.
d
and
for
the
writinge
vi
.
d
and
not
aboue
.
This
statut
doth
not
set
fourth
the
name
of
the
writ
or
commission
that
shal
bee
sued
,
howbeit
these
words
that
follow
,
that
is
to
sayr
(
for
suinge
of
liueries
)
do
somwhat
open
the
minde
of
the
makers
of
this
statute
,
and
declare
that
their
meaninge
was
of
the
diem
clausit
and
such
other
writs
or
commissions
as
serue
for
that
purpose
,
and
not
of
euery
writ
or
commission
,
for
so
might
an
office
be
found
by
a
wrong
writ
or
commission
,
which
should
want
mater
or
be
other
wise
insufficient
to
make
liueries
.
But
learne
and
enquire
if
after
a
good
writ
or
commission
sued
fourth
,
the
office
that
is
found
is
not
sufficient
,
whether
the
partie
shal
haue
his
liueri
or
not
without
suing
a
melius
inquirendum
,
or
a
new
office
,
because
that
some
parauenture
wil
say
that
the
words
of
the
statut
be
performed
that
is
to
wite
an
office
or
inquisition
is
found
.
But
to
that
it
may
be
answered
and
sayd
that
that
it
is
no
office
when
it
is
insufficient
at
least
wise
toward
the
partie
that
should
sue
liuerie
therupon
,
although
it
be
a
good
office
toward
the
kinge
if
any
thing
therin
conteined
be
for
his
benefit
.
And
learne
also
if
the
kinges
tenant
dye
seised
of
landes
in
diuerse
counties
whether
by
force
of
this
statut
he
shal
cause
an
inquisition
or
office
to
be
found
in
eueri
countie
where
the
lands
lye
,
for
so
is
it
vsed
to
be
done
vpon
al
general
liueries
,
&
he
that
sueth
his
general
liuerie
otherwise
missueth
the
same
,
and
is
an
intruder
vpon
the
kings
possession
:
howbeit
perauenture
you
wil
say
that
if
the
lands
excede
the
yerely
value
of
.xx.
marks
he
must
sue
a
specyal
liuerie
&
not
a
general
,
&
therfore
it
makes
no
mater
for
the
inquisition
or
office
,
&
that
the
words
of
the
statute
wil
beare
it
wel
enough
if
there
be
but
one
office
found
.
But
as
to
that
it
may
be
sayd
,
that
the
meaning
of
the
statute
was
not
so
,
for
the
kinge
can
neuer
be
fulli
ēformed
of
his
title
vnlesse
ther
be
an
office
found
in
euery
shere
,
&
also
by
finding
of
seueral
offices
one
record
may
be
better
for
the
kinge
then
an
other
,
whereof
his
grace
may
take
auantage
,
for
the
best
shal
be
taken
for
the
kinge
.
Thus
it
appereth
by
statut
how
that
of
landes
aboue
the
yereli
value
of
vli
.
inquisicion
must
be
made
and
an
office
found
after
the
death
of
the
kinges
tenant
be
fore
liuerie
can
be
had
:
and
that
must
be
by
a
writ
of
diem
clau
sit
extremum
,
for
that
is
the
proper
writ
that
is
to
be
sued
for
that
purpose
if
any
sute
be
made
within
the
yeare
after
the
kinges
tenants
death
,
or
a
special
commission
in
the
nature
of
the
writ
of
diem
clausit
.
For
vpon
a
general
commission
to
enquire
generally
of
all
wards
no
perticular
person
can
haue
liuere
.
And
if
he
tarry
till
after
the
yere
,
then
he
cannot
pursue
any
of
these
,
but
for
his
remedie
must
sue
a
writ
called
Mandamus
or
a
commission
in
nature
of
that
writ
,
and
therupon
to
cause
an
office
to
be
found
and
so
to
haue
liuerie
:
But
if
an
office
be
once
found
by
diem
clausit
and
the
heier
dieth
in
the
kinges
ward
,
his
heir
must
sue
Deuenerunt
&
no
Mandamus
although
it
be
after
the
yere
of
the
death
of
him
that
dyed
in
ward
,
and
so
is
the
rule
in
the
register
.
Sumetymes
it
happeneth
that
after
deliuerie
of
the
writ
or
commission
and
before
office
found
th
eschetor
dyeth
or
is
remoued
from
his
office
,
in
which
case
then
the
proces
that
is
awarded
to
his
successor
is
a
writ
called
Datur
nobis
intelligi
,
but
if
office
be
found
before
his
death
or
remouing
,
which
office
is
not
returned
,
then
shall
ther
be
a
certiorari
awarded
to
his
executors
to
returne
the
same
.
For
it
is
a
mater
of
record
as
sone
as
the
iurrors
haue
put
their
seales
vnto
it
,
notwithstanding
it
be
not
returned
.
And
note
the
thawardig
of
this
writ
of
diem
clausit
or
special
commission
is
peremptorie
to
him
the
sueth
for
it
.
For
if
he
lese
it
or
be
taken
from
him
with
force
he
gettes
no
moe
writs
or
commissions
for
the
lands
in
that
countie
and
this
appereth
in
the
new
Natura
breuium
fo.
2●●
,
Howbeit
in
14.
E.
4
it
is
touched
by
the
waye
that
in
such
cases
he
should
haue
a
new
writ
.
ideo
quere
.
But
after
office
ones
found
by
a
diem
clausit
or
specyal
commission
as
well
the
kinge
&
partie
therby
are
bound
as
euery
other
stranger
:
for
somuch
landes
as
are
comprised
within
the
office
,
and
neither
the
kinge
ne
that
partie
nor
any
other
shal
haue
any
moe
writs
or
commissions
to
enquire
any
further
of
these
lands
,
except
it
be
in
such
cases
as
I
shal
hereafter
recite
,
for
so
the
lawe
shoulde
neuer
haue
end
,
but
newe
heires
might
be
founde
euery
daye
by
office
which
were
inconuenient
and
the
king
should
not
knowe
to
whēe
to
make
liuerie
,
&
this
appereth
.14
.
E.
4.
and
2.
et
4.
et
f
,
295.
that
is
to
say
,
where
the
kinge
was
to
haue
no
benefit
at
all
more
then
he
had
by
the
first
office
,
and
yet
a
newe
commission
was
awarded
,
and
therfore
the
case
was
there
,
the
second
brother
was
founde
heir
by
the
first
office
&
of
ful
age
,
now
the
eldest
had
a
commission
being
also
of
full
age
to
finde
him
heir
,
and
thervpon
had
his
liuery
.
So
is
it
where
2.
be
found
daughters
and
heirs
to
one
man
of
certain
lands
where
in
dede
parcel
of
the
said
land
was
geuen
to
one
of
the
said
.
2.
daughters
in
frank
mariage
,
now
she
that
claimed
the
frank
mariage
had
a
specyall
commission
to
enquire
of
the
same
:
and
yet
by
that
second
office
the
king
had
no
benefit
ideo
quere
.
For
this
Natura
breuium
semeth
to
impugne
the
bokes
before
rehersed
.
And
like
as
he
may
pray
a
newe
writ
or
commission
in
the
cases
aboue
rehersed
before
liuerie
had
,
euen
so
may
he
do
in
the
like
cases
after
liuere
had
if
the
liuerie
be
a
general
liuerie
,
&
therupon
as
sone
as
the
title
is
found
the
king
shal
rescise
:
but
not
without
a
Scire
facias
because
the
statut
made
at
Lincoln
hath
so
prouided
as
I
shall
open
more
fully
when
I
come
too
that
place
,
and
that
in
all
these
aforesayd
cases
a
new
diem
clausit
may
be
as
wel
awarded
as
a
new
commission
,
as
it
appereth
titulo
Trauser
in
Fitz.
pl'
.
28.
anno
.
29.
li.
Asss
¶
What
thing
shal
be
in
the
king
without
office
or
seasure
&
what
not
,
and
where
by
an
office
only
without
any
seasure
or
other
proces
the
kinge
shal
be
in
possession
and
where
not
,
and
where
he
shal
be
in
possession
without
an
office
but
not
before
a
seasure
,
and
how
the
kinge
may
be
entitled
by
any
other
recorde
as
well
as
by
an
office
,
and
where
a
man
may
enter
as
well
vpon
the
kynges
possession
as
any
other
.
By
a
statute
made
the
.33
.
yere
of
the
late
kinge
.
of
famous
memorie
H.
8.
the
20.
chapter
it
is
among
other
things
prouided
that
if
any
person
or
persons
shal
be
attainted
of
hye
treson
by
the
course
of
the
comon
lawes
or
statutes
of
this
realme
,
that
in
euery
such
case
euery
suche
attainder
by
the
common
law
shal
be
of
as
good
strength
,
value
force
and
effect
as
if
it
had
ben
done
by
authorite
of
parliament
.
&
that
the
kinges
maiestye
,
his
heires
and
successors
shall
haue
as
much
benefit
&
auantage
by
such
attainder
as
well
of
vses
,
rights
,
entres
,
condicions
,
as
possessions
,
reuercions
remainders
and
all
other
things
,
as
if
it
had
ben
done
and
declared
by
autoritie
of
parliament
:
and
shal
be
demed
and
a
iudged
in
actuall
and
reall
possession
of
the
lands
,
tenements
,
hereditaments
,
vses
,
goods
,
cattals
&
all
other
things
of
the
offendors
so
attainted
which
his
highnes
ought
lawfulli
to
haue
and
which
they
so
being
attainted
ought
or
might
lawfulli
lose
and
forfait
if
the
attainder
had
ben
done
by
authorite
of
parliament
,
without
any
office
or
inquisicion
to
be
founde
of
the
same
,
any
law
,
statut
or
vse
of
the
realme
to
the
contrarye
therof
mani
wise
notwithstanding
.
This
statut
maks
it
clere
&
without
question
that
in
cases
of
hye
treson
the
lands
of
him
that
is
attainted
are
in
the
kinge
biandby
without
any
office
.
But
for
other
attainder
it
remaines
as
it
was
at
the
comon
Law
,
and
therfore
lerne
if
one
which
holdeth
of
the
king
be
attainted
of
petit
treson
or
felonie
,
whether
in
this
case
by
thatainder
his
lands
be
in
the
king
without
office
,
and
me
semeth
by
attainder
and
death
together
they
should
be
in
the
kinge
in
law
,
howbeit
not
in
dede
,
vntill
suche
time
his
highnes
seise
themby
his
officer
,
or
that
an
office
bee
therof
found
,
for
by
th
attainder
the
lands
are
forfaited
to
the
kinge
by
mater
of
record
,
and
then
when
the
partie
dyeth
either
the
frehold
must
be
in
suspence
,
or
els
aiudged
in
the
king
in
lawe
,
for
he
that
was
seised
hath
corrupted
his
blood
and
is
dead
without
heir
,
and
therfore
his
highnes
is
beecome
owner
thereof
in
lawe
,
and
a
possession
in
lawe
vested
in
him
of
the
same
landes
,
which
his
highnes
at
his
will
and
pleasure
may
make
a
possession
in
dede
as
some
as
he
wil
take
vpon
him
knowledge
of
the
sayd
landes
and
sease
them
by
his
officer
.
And
therfore
the
booke
is
agred
20.
E.
4.
quia
nullum
tempus
ei
occurrit
.
Howbeit
lerne
what
the
law
will
in
this
case
,
for
many
men
are
of
the
contrarie
opinion
.
And
see
the
boke
.4
.
E.
4.
concerning
this
mater
.
And
so
note
what
is
sayd
of
a
possession
in
law
,
ouster
le
main
if
it
be
found
for
him
,
because
he
was
neuer
out
of
possession
.
Then
further
let
vs
see
in
what
cases
the
king
can
not
be
entitled
but
only
by
office
or
other
mater
of
record
,
&
in
what
cases
he
may
,
howbeit
not
to
haue
anye
possession
either
in
dede
or
in
law
vntil
the
time
there
be
a
seasure
made
.
And
as
to
that
,
note
that
in
all
cases
where
a
comon
person
can
not
haue
a
possession
neither
in
dede
nor
in
law
without
an
entre
,
there
the
kinge
can
not
haue
it
without
an
office
or
such
like
mater
of
record
,
as
where
the
king
hath
title
to
enter
for
a
mortmain
or
for
a
condition
broken
,
in
this
case
the
king
can
haue
no
title
vntill
such
time
as
the
sayd
mortmain
or
condicion
broken
be
found
by
office
or
by
some
other
record
,
as
it
appereth
2.
●
.
9
,
H.
7.
annum
,
diem
,
et
vastum
of
persons
attainted
,
or
for
an
alienacion
without
licence
,
or
to
sese
the
temporalties
of
a
bishop
for
a
contempt
,
in
all
those
cases
his
title
must
be
furst
found
by
office
or
otherwise
apere
of
record
for
these
rights
his
highnes
hath
only
as
king
.
But
if
his
highnes
haue
cause
to
seise
the
lands
of
his
widow
that
hath
maried
her self
without
license
his
highnes
maye
seise
,
notwithstandinge
there
be
no
office
founde
of
her
mariage
,
as
it
appereth
in
the
new
Natura
breuium
.
f.
174
Learne
what
should
be
the
reason
therof
,
more
then
in
the
case
of
alienacion
before
.
Like
law
hath
bene
vsed
where
his
highnes
is
to
sese
lands
of
priors
aliens
within
this
realme
ratione
guerre
,
his
highnes
doth
it
without
any
office
,
for
in
bothe
these
cases
the
kinges
title
is
notorious
enoughe
althoughe
it
appere
not
of
recorde
.
But
yet
in
those
cases
his
highnes
must
seise
eare
he
can
haue
anye
interest
in
the
lands
because
they
bee
penal
toward
the
partie
and
of
these
cases
you
shall
finde
bokes
49.
E.
3.
f.
17.
21.
E.
3.
fo.
31.
21.
H.
7
fo.
7.
14.
H.
4.
fo.
37.
22.
E.
4.
fo.
4.
3.
et
17.
E.
3.
fo.
1.
et
17.
Other
prerogatiues
the
kinge
hath
which
extende
onely
to
personal
and
transitorie
thinges
ad
bona
et
catalla
felonum
,
wreke
de
mere
,
tresour
troue
,
or
the
profites
of
landes
of
clerkes
conuict
of
felonie
,
or
of
persons
outlawed
in
a
personall
action
,
to
these
thinges
it
semes
the
kinge
is
entitled
although
there
be
no
office
or
other
mater
of
record
found
of
them
as
it
should
appere
.
11.
H.
4.
fo.
39.
21.
H.
7.
fo.
7.
et
27.
li.
ass.
P.
50
And
note
that
if
the
kinges
title
appere
any
way
of
record
,
absque
aliquo
inde
reddendo
.
And
if
vppon
this
writte
of
Amoueas
the
defendant
do
not
restore
the
thing
,
then
shall
goe
out
againste
him
an
attachement
,
vpon
which
writ
the
defendant
maye
appeare
and
shewe
his
title
,
which
if
it
be
founde
agaynste
him
he
shall
then
make
restitucion
by
iugement
and
paye
a
fyne
and
aunswere
the
meane
issues
&
profites
.
Thus
dothe
it
appeare
that
the
king
cannot
be
disseised
or
eiected
if
his
highnesse
bee
once
seised
by
mater
of
recorde
.
Otherwyse
it
is
before
his
seisin
bee
by
mater
of
recorde
,
for
if
beefore
office
a
straunger
entre
by
title
or
without
title
this
is
no
intrusion
vpon
the
kinges
possession
,
but
in
this
case
the
heire
may
haue
Assise
of
mort
dauncester
againste
the
straunger
if
hee
will
,
whiche
proues
that
by
his
entrie
hee
hath
gotten
bothe
a
freeholde
and
a
fee
simple
.
But
as
sone
as
the
office
is
founde
and
the
eschetoure
entreth
,
this
possession
of
the
straunger
whiche
entred
witheoute
title
is
clerely
vndone
,
and
the
freeholde
and
the
fee
simple
reuested
in
the
heyre
But
if
the
entrie
of
the
straunger
weare
by
title
and
afterwarde
office
is
founde
and
the
kynge
seisethe
,
whether
then
it
bee
so
or
noe
,
learne
.
And
it
shoulde
seeme
to
bee
all
one
,
or
els
the
kynges
seisure
is
not
good
,
for
howe
can
the
kynge
seise
in
an
other
bodyes
ryghte
if
the
ryghte
weare
taken
awaye
beefore
by
an
entrie
?
therefore
it
shoulde
seeme
eyther
hys
highnesse
hathe
noe
title
in
that
case
to
seise
,
or
els
by
his
seisure
,
the
freeholde
and
the
fee
simple
muste
reuest
in
the
heire
.
But
note
that
if
the
kynge
wyll
bye
coloure
of
a
recorde
seyse
an
other
mannes
lande
,
whiche
recorde
geeues
him
noe
title
in
deede
,
notwythestandynge
anye
suche
seysure
,
yet
hee
that
hathe
righte
maye
entre
vppon
the
kynge
,
and
bye
his
entrie
reuestes
agayn
in
himselfe
bothe
the
freeholde
and
fee
simple
as
where
it
is
found
the
kynges
tenaunte
dyed
seysed
but
of
an
estate
for
terme
of
lyfe
the
reuersion
to
an
other
and
thys
notwythestandynge
the
kynge
seisethe
,
in
this
case
if
hee
in
the
reuersion
entre
vppon
the
kynge
this
is
a
good
entrie
:
and
therefore
the
case
was
,
hee
made
a
feffement
after
his
entrie
and
it
was
thoughte
to
be
a
good
feffement
.
Like
law
is
it
where
the
kynge
is
entitled
but
onelye
to
the
profites
as
vppon
an
vtlagarie
in
a
parsonall
action
or
vpon
the
conuiction
of
a
clerke
,
in
these
cases
if
the
partie
entre
and
make
a
feffement
or
if
a
straunger
that
hathe
title
to
entre
do
entre
hee
dyschargeth
the
kynge
of
hys
interest
,
and
of
these
maters
,
Enterpleder
.
SOmetyme
it
happenethe
that
by
two
seuerall
offices
founde
in
one
countie
seuerall
parsones
be
seuerallye
founde
heires
to
one
man
,
wherebye
forasmuche
as
the
kinge
is
brought
in
doubt
to
whiche
of
them
his
hyghnesse
maye
make
liuerie
,
they
therefore
muste
firste
enterplede
,
and
when
by
enterpleder
the
priuitie
of
the
bloode
is
tried
beetweene
them
,
then
his
highnesse
oughte
to
make
the
liuerye
to
him
that
is
tryed
to
bee
the
nexte
heire
of
him
that
dyed
.
As
for
an
example
,
by
one
Diem
clausit
or
specyall
commission
in
one
countie
one
is
founde
heire
to
hym
that
dyed
the
kyngs
tenant
and
of
full
age
,
and
by
an
other
Diem
clausit
or
speciall
commission
in
the
same
countie
one
other
is
founde
heire
also
to
hym
that
dyed
and
within
age
,
in
this
case
the
heire
that
was
firste
founde
shal
haue
a
Scire
facias
in
the
chauncerie
against
hym
or
her
that
was
last
found
heire
to
come
&
shew
why
liuerie
should
not
be
made
vnto
hym
that
last
dyed
seised
thereof
vppon
whiche
writte
yf
a
Scire
feci
be
returned
and
the
partye
defendaunt
cometh
not
,
or
yf
he
come
and
confesse
that
he
hymselfe
is
not
heire
then
the
plaintife
in
the
Scire
facias
shal
haue
hys
lyuerie
,
but
if
hee
come
and
entitle
hym
by
the
seconde
office
,
and
trauerse
the
firste
as
hee
nedes
muste
(
for
th
enterpleder
muste
nedes
reste
vppon
the
firste
office
,
and
not
vpon
the
second
)
then
as
thissue
is
founde
,
Assise
of
mortdauncester
or
cosinage
,
as
it
appeareth
in
.4
.
Edwarde
the
seconde
.
And
note
that
as
two
or
more
shall
enterplede
that
clayme
as
heires
,
euen
so
shall
anye
other
that
clayme
not
as
heires
,
but
by
soome
other
tytle
,
if
it
bee
so
that
theire
title
affirme
the
kinges
possession
,
as
take
the
case
to
bee
this
.
Land
holden
in
chiefe
is
alyened
to
diuerse
persons
at
diuerse
tymes
,
and
thys
founde
bye
office
the
kyng
seiseth
,
&
after
cometh
euery
of
the
alienees
&
praieth
to
make
his
fine
&
to
be
restored
,
now
they
shal
first
enterplede
&
try
which
of
their
feffem̄ts
oughte
to
take
place
are
any
of
them
getteth
restitucion
,
as
appereth
in
43.
Trauers
.
TRauerse
for
goods
was
at
the
common
law
,
but
trauers
for
lands
found
by
inquisition
before
th
eschetor
is
geuen
by
the
statut
made
in
the
34.
yere
of
E.
3.
ca.
14.
which
saieth
in
this
wise
.
Item
acc̄
est
q̄
la
ou
terres
ou
tents
sont
seisies
en
la
maine
le
roy
ꝑ
office
del
eschetor
cōteignōt
q̄
le
tenant
le
roy
ent
fist
alienacion
sans
conge
le
roy
,
ouq̄
le
tenant
le
roy
ꝑ
seruice
de
chl'r
morust
ssīdes
terres
&
tents
auantdits
en
son
demene
come
de
fee
et
son
heire
deins
age
,
et
puis
la
cause
●●tifie
en
la
chauncerie
,
et
celuy
qui
terres
sont
seisie
veigne
en
la
chancerie
et
voet
trauerser
loffice
qui
fuit
primes
pris
ꝑ
mādem̄t
le
roy
,
que
les
dites
terres
ne
soyent
my
seisables
,
soit
a
ceo
resceu
&
soit
le
proces
maundes
en
bank
le
roy
a
tryer
et
oustre
faire
droit
.
This
statut
extends
only
to
the
offices
taken
virtute
breuis
aut
commissionis
,
&
not
to
offices
taken
virtute
officij
.
And
also
by
this
statut
though
the
trauerse
were
founde
for
the
partie
,
yet
might
he
not
haue
had
iudgement
til
a
proce
dendo
ad
iudicium
had
ben
awarded
.
And
therfore
was
ther
an
other
statut
made
in
the
36.
yere
of
the
said
king
the
.13
.
cha.
the
tenor
whereof
is
this
,
Pour
les
greuouses
complaintes
queux
le
roy
aū
oye
de
son
people
de
ses
eschetoures
,
&
de
lour
male
port
,
il
voet
&
ordeigne
del
assent
auauntdit
,
que
terres
seisies
en
sa
maine
par
cause
de
garde
,
soyent
saluement
gardes
sauns
wast
ou
destruction
.
Et
que
leschetoure
neyt
nulle
fee
de
bois
,
veneson
ne
pessoun
,
nauter
riens
,
mes
respoign̄
au
roy
des
issues
et
profits
annuels
proueignaunts
des
dits
terres
sans
wast
,
ou
destruccion
faire
.
Et
fil
face
auterment
et
de
ceo
soit
attaint
,
soit
reint
a
la
volunte
le
roy
,
et
rende
al
heire
ses
damages
au
treble
,
a
sa
proper
suit
,
sibien
deins
age
come
de
pleine
age
,
&
eyent
ses
amis
tanque
il
soyt
deyns
age
la
suite
pur
luy
,
respoignants
al
dit
heire
de
ceo
qui
serra
issint
recouere
.
Et
auxint
dauters
seisies
en
la
main
le
roy
par
enquest
doffice
pris
deuaunt
lefchetor
teign̄
mesm̄
cest
ordiuaunce
&
penance
deuers
leschetours
.
Et
sil
eyt
nul
home
qui
mette
challenge
ou
claime
as
terres
issint
seisies
,
qui
Leschetour
maunde
lenquest
en
la
chancellary
deins
le
mois
apres
les
terres
issint
seisies
.
Et
que
briefe
luy
soyte
liuere
de
certifier
la
cause
de
sa
seisine
en
la
Chauncellarye
,
&
illeoques
soyt
oye
sauns
delaye
de
trauerser
loffice
ou
auterment
monstrer
son
droite
&
illeoques
maunde
deuaunt
le
roy
affaire
finall
discussion
sauns
attender
auter
maundement
.
Et
en
cas
que
ascun
veigne
deuaunt
le
chaunceller
&
monstre
son
droyte
per
quel
demonstraunce
per
bones
euidences
de
son
auncien
droyte
et
bone
tytle
que
le
chaunceller
per
sa
bone
discretion
&
aduis
du
counsayle
sil
semble
que
il
besoygne
auoire
counsayle
,
que
il
lesse
et
baylle
les
terres
issint
en
debate
al
tenaunte
rendaunt
ent
au
roye
le
value
si
au
roy
appertient
en
maner
come
il
et
les
auters
chauncellers
deuaunt
luy
ount
faits
auant
ces
heurs
des
lours
bons
discretions
issint
que
il
face
suerte
que
il
ne
ferra
wast
ne
destruccion
,
tanque
il
soyt
aiudge
.
Et
que
les
dits
eschetours
preignēt
tielx
enquests
en
les
bons
vill'
&
per
bons
gents
,
&
de
ceo
ouertment
,
&
par
endentures
affaires
enter
les
dits
eschetours
et
ceux
des
ēq̄sts
come
auter
foits
estoit
ordeign̄
per
estatuts
.
Anno.
24.
E.
3.
Et
si
nul
eschetor
face
au
contrary
de
cest
ordinance
suisdit
eit
la
prison
des
.ii.
ans
,
&
ouster
ceo
soit
reint
a
la
volunte
le
roy
.
By
the
comon
lawe
beefore
the
making
of
these
statutes
a
man
had
no
other
remedy
to
auoid
a
false
office
but
onelye
his
peticion
.
Howbeit
in
.24
.
E.
3.
Ouster
le
maine
sued
,
there
had
beene
a
newe
office
found
,
whereby
the
king
had
ben
entiled
to
reseise
,
&
thereuppon
a
Scire
facias
according
to
the
statut
of
Lincoln
against
the
partie
that
had
pursued
the
liuerie
or
Ouster
le
maine
to
come
&
shew
why
the
land
should
not
be
reseised
,
the
partie
in
that
Scire
facias
might
haue
trauersed
the
office
that
was
so
newly
founde
,
as
I
shal
more
plainly
declare
when
I
come
to
that
place
.
Also
Bab.
sayd
in
the
schequer
chamber
before
al
the
Iustices
An.
8.
Tamen
quere
,
for
though
the
first
statut
be
this
as
Bab.
hath
sayd
,
yet
the
second
is
not
,
but
is
general
,
&
therfore
may
bee
extended
to
al
offices
what
mater
soeuer
they
conteyn
,
Ouster
le
mayn
without
any
liuerie
suing
,
as
lands
that
the
king
ought
to
haue
seised
,
which
were
inconuenient
.
For
euery
way
the
king
ought
to
haue
seised
those
lands
against
any
that
claimeth
to
be
heire
vntil
such
time
as
liuere
be
sued
therof
.
Like
law
it
is
where
the
kings
tenant
dieth
seised
of
land
in
diuers
counties
his
heire
being
of
full
age
,
&
in
one
countie
the
same
heir
is
founden
within
age
,
&
in
an
other
countie
he
is
founden
of
ful
age
,
in
this
case
the
heire
shal
not
trauerse
th
office
that
found
him
within
age
Causa
qua
supra
:
for
then
for
the
landes
in
one
countie
he
should
haue
them
out
of
the
kings
hands
withoute
any
office
or
liuery
suing
.
Sur
conusaunce
de
droit
come
ceo
quil
ad
de
son
done
,
by
vertue
wherof
he
was
seised
vntil
such
time
as
he
was
put
out
by
this
office
&
praieth
restitution
,
this
is
no
ple
against
the
king
,
&
yet
this
mater
were
a
good
plee
in
assise
of
Mortdauncester
brought
by
the
heire
,
for
in
that
case
he
shoulde
be
stopped
by
this
fine
,
whiche
is
executed
to
say
the
contrarie
therof
,
that
is
to
say
,
that
his
father
dyed
seised
without
shewing
howe
his
father
gotte
the
possession
againe
sins
the
time
of
the
fine
leuied
.
But
yt
ys
no
plee
against
the
kinge
,
for
the
kinge
can
not
bee
estopped
namely
in
this
case
beeinge
a
straunger
to
the
recorde
.
And
also
the
statut
geues
a
trauerse
and
by
this
maner
of
pleadynge
he
takethe
no
trauerse
.
Lyke
law
it
is
if
it
be
founde
by
office
that
the
kyngs
tenaunt
in
chiefe
enfeffed
one
B.
without
lycence
,
comes
one
D.
and
sayeth
that
he
dyed
seysed
,
Ouster
le
mayne
,
but
learne
if
ther
be
no
suche
recorde
in
Esse
or
beinge
at
the
time
of
the
trauerse
tended
,
&
hanging
the
plee
vpon
the
trauerse
a
new
recorde
that
s●
to
say
,
an
office
is
found
which
entitleth
the
kyng
,
whether
in
this
case
the
ꝑtie
shal
be
driuen
to
trauerse
this
office
or
not
:
ere
he
haue
his
Ouster
le
maine
.
And
it
semeth
he
shal
not
:
for
so
he
might
be
delayd
of
hys
possession
infinitlye
by
finding
one
office
after
an
other
,
wherfore
this
office
found
hangyng
the
trauerse
shall
be
accompted
in
law
as
though
it
had
bene
founde
after
the
partye
had
hadde
his
Ouster
le
maine
,
in
which
case
then
the
partye
vpon
the
first
trauers
founde
for
hym
shal
be
restored
to
his
possession
by
an
Ouster
le
maine
,
and
then
after
vpon
a
Scire
facias
sued
against
him
to
shewe
why
these
landes
shoulde
not
bee
reseised
,
vppon
this
new
office
found
for
the
king
,
he
shal
be
receiued
in
that
Scire
facias
to
trauerse
this
newe
office
.
Howebeit
this
auantage
he
winnes
hereby
,
that
is
to
say
he
then
trauerseth
with
the
king
keping
still
his
possession
,
where
else
he
should
trauerse
being
still
out
of
possession
.
And
this
case
ye
may
finde
.11
.
ouster
le
main
notwithstanding
there
bee
no
issues
taken
vppon
the
other
titles
,
but
whether
the
kinge
shall
euer
take
auauntage
of
thother
titles
after
or
not
this
is
to
be
sene
?
and
I
thinke
hee
shoulde
,
for
though
the
other
titles
shall
not
in
this
case
let
the
partie
of
his
Ouster
le
mayne
,
yet
it
seemes
the
kinge
maye
call
the
partie
againe
by
a
Scire
facias
to
aunswere
his
other
titles
,
or
else
his
highnes
to
reseise
as
I
saide
beefore
,
for
no
nient
dedire
can
preiudice
the
kinge
nec
tanta
remun
eratio
,
like
as
it
may
doe
a
comon
person
.
And
therfore
seeinge
hee
did
not
renounce
his
other
titles
openlye
nor
expressely
,
it
seemeth
his
highnes
by
his
prerogatiue
shall
haue
aduauntage
of
them
at
anye
other
tyme
when
it
shal
bee
his
pleasure
.
tamen
quere
,
and
learne
whether
one
maye
procede
with
a
trauerse
the
heire
beeinge
within
age
or
else
shall
tarrye
till
hee
bee
of
full
age
for
the
booke
is
in
5.
ouster
le
maine
without
trauersinge
all
the
kinges
titles
,
no
more
may
the
heir
haue
liuerie
wythout
trauersinge
all
his
tytles
,
and
then
if
the
trauerse
bee
to
bee
taken
by
the
heire
,
hee
shal
not
be
thereunto
admytted
vntill
hee
bee
of
age
,
because
that
beefore
that
time
he
hath
no
cause
to
haue
his
liuerie
.
But
that
reason
serues
not
where
the
trauerse
is
to
bee
taken
by
a
straunger
,
and
therefore
it
should
seeme
that
hee
shoulde
haue
it
by
and
by
:
For
hee
hathe
cause
to
haue
an
ouster
le
maine
forthwith
,
and
that
with
the
meane
issues
and
profites
,
and
therefore
it
were
no
reason
that
the
nonage
of
a
thirde
person
shoulde
hinder
him
with
whome
hee
is
not
to
plede
or
to
trye
anye
right
but
onelye
with
the
kynge
.
For
if
the
childe
haue
right
,
hee
may
enter
vpon
the
stranger
after
hee
hath
his
ouster
le
maine
and
trye
hys
righte
with
him
:
and
so
at
no
mischiefe
.
And
note
as
I
saide
before
that
the
heire
must
trauerse
all
the
kinges
titles
ere
hee
can
haue
liuerie
,
and
that
whether
the
kinges
tytle
be
in
his
owne
right
or
in
the
right
of
an
other
,
in
his
owne
right
,
as
if
there
bee
a
recorde
that
proues
this
lande
to
be
aliened
wythout
the
kings
lycence
,
or
that
th
auncestour
of
thenfaunt
that
woulde
sue
his
liuerie
was
but
tenaunt
for
terme
of
lyfe
,
the
reuercion
to
the
kynge
and
hathe
made
a
feffement
to
the
kinges
disheritance
or
suche
lyke
,
in
these
cases
notwithstandinge
the
kinge
did
not
seise
by
vertue
of
these
recordes
but
onelye
by
vertue
of
th
office
whyche
founde
th
auncestour
of
th
infaunt
dyed
seised
the
kynges
tenaunt
in
chiefe
of
estate
in
fee
simple
,
yet
the
heire
geatteth
no
generall
liuerie
vppon
that
office
vntill
suche
time
as
hee
hath
auoided
these
other
recordes
And
if
hee
haue
it
before
:
it
is
a
cause
of
reseiser
.
So
it
is
where
the
kynges
title
is
in
righte
of
anye
other
,
as
if
one
bee
founde
heire
by
office
,
and
after
by
another
office
an
other
is
founde
heire
of
the
same
landes
to
the
selfe
same
auncestour
,
in
this
case
he
that
was
first
found
heire
cannot
haue
his
generall
lyuerie
vntill
suche
time
as
hee
hathe
destroied
the
other
title
either
by
an
enterpleder
or
a
trauerse
,
for
if
it
so
come
to
passe
that
he
cannot
enterplede
,
then
must
hee
trauerse
or
by
some
other
meanes
auoide
the
recorde
ere
hee
can
haue
his
saide
generall
liueries
,
and
if
he
sue
his
generall
liuerie
otherwise
,
it
is
then
missued
,
and
a
good
cause
geeuen
to
the
king
to
reseise
.
And
this
enterpleder
or
trauerse
beetwene
them
that
claime
as
heirs
is
by
the
order
of
the
common
lawe
and
not
by
statute
,
and
can
neuer
be
,
but
where
both
theire
titles
bee
founde
first
by
office
,
and
the
reason
is
,
because
that
as
sone
as
the
matter
is
discussed
betweene
them
,
hee
for
whome
it
is
founde
shall
forthwith
haue
hys
general
liuerie
,
which
he
can
neuer
haue
if
his
title
bee
not
first
founde
by
office
:
and
therefore
not
like
the
case
where
a
straunger
trauerseth
with
the
kinge
that
is
to
haue
but
an
ouster
le
maine
,
for
there
the
kinge
hadde
no
right
too
seise
,
and
therefore
his
tytle
nede
not
to
bee
found
by
offyce
as
I
haue
saide
before
.
But
in
the
other
case
who
so
euer
shall
claime
the
lande
as
heire
,
his
highnes
hath
right
to
seise
in
the
right
of
the
saide
heire
,
and
to
haue
his
primer
seisine
or
wardshippe
as
the
case
dothe
require
.
And
therefore
his
title
must
bee
first
founde
by
office
:
but
where
one
heire
is
to
trauerse
with
an
other
heire
duringe
the
kinges
possession
,
this
shall
not
bee
vntill
hee
that
is
first
founde
heire
by
th
office
come
of
age
,
because
vntil
that
tyme
,
the
landes
ought
to
remaine
in
the
kinges
handes
and
then
hee
to
haue
liuerie
:
but
whether
hee
that
was
firste
founde
heire
shoulde
tarrye
for
th
age
of
him
that
was
laste
founde
heire
I
haue
said
my
mynde
therin
before
in
the
tytle
of
Enterpleder
.
But
where
a
straunger
is
to
trauerse
,
hee
shall
not
tarrye
for
th
age
of
the
heire
for
the
causes
before
remembred
.
And
so
there
appeareth
to
bee
a
great
difference
beetwene
a
trauerse
taken
by
him
that
is
a
straunger
,
and
by
him
that
is
heire
.
But
at
this
daye
moste
liueries
that
bee
sued
are
specyall
liueries
,
whiche
conteine
in
them selues
a
pardone
,
and
therefore
the
myssuinge
of
them
is
dispensed
withall
by
the
woordes
of
the
pardone
conteined
in
the
saide
liuerie
.
And
so
manye
of
these
thinges
that
I
haue
spoken
of
before
are
not
much
to
bee
obserued
if
the
liuerie
or
Ouster
le
maine
bee
not
generall
.
For
I
see
no
lett
but
that
an
ouster
le
maine
maye
be
graunted
specially
as
well
as
a
liuerie
.
And
laste
of
all
it
is
to
bee
noted
that
this
trauerse
extendes
not
to
euerie
recorde
that
entitleth
the
king
,
but
onelye
to
suche
recordes
as
bee
trauersable
,
as
an
office
or
suche
like
,
as
I
shall
shewe
my
mynde
therein
more
fullye
in
the
chapter
of
Peticion
.
Other
trauerses
there
bee
whiche
bee
trauerses
by
order
of
the
common
lawe
.
And
not
by
any
statute
,
as
trauerses
vppon
enditements
or
presentmentes
,
whereof
I
entend
not
to
entreat
in
this
place
,
amonge
whiche
trauerses
there
is
also
by
order
of
the
common
lawe
a
trauerse
concerninge
goodes
and
cattalles
of
persons
attainted
,
for
the
whiche
a
manne
shall
trauerse
with
the
kinge
althoughe
his
title
thereunto
bee
by
double
matter
of
recorde
.
As
take
the
case
to
bee
,
a
manne
is
attainted
of
treason
or
felonye
or
outlawed
in
a
personel
accion
and
after
by
office
it
is
founde
that
hee
was
possessed
of
a
horse
or
anye
other
gooddes
as
his
owne
proper
cattell
where
in
deede
they
bee
the
goodes
of
a
straunger
,
in
thys
case
the
saide
straunger
shall
trauerse
this
office
with
the
kinge
.
So
is
it
if
it
bee
founde
by
office
that
a
manne
outlawed
in
a
personall
accion
is
seised
of
certeine
lands
which
in
deede
are
my
landes
,
and
theschelour
by
force
of
that
fals
office
takes
the
profites
,
in
this
case
I
maye
disturbe
hym
without
trauersinge
th
office
.
And
those
cases
appeare
.4
.
Edwarde
.4
.
fo.
24.
13.
Edward
.4
.
fo.
8.
T.
9.
H.
6.
fo.
20.
&
M.
47.
E.
3.
fo.
26.
Then
further
.
The
woordes
of
the
saide
statutes
of
anno
36.
bee
,
that
if
anye
came
before
the
Chanceller
and
shewe
his
right
,
whereby
it
may
appere
by
good
euidence
that
hee
hathe
an
auncient
righte
and
good
tytle
,
then
the
chaunceller
shall
let
the
saide
landes
to
the
partye
that
tendeth
the
trauerse
yeldinge
to
the
kinge
the
value
if
it
bee
aiudged
for
the
king
,
in
maner
as
hee
and
the
other
Chaunceller
haue
done
before
him
by
theire
good
discretions
,
so
that
hee
to
whome
it
shal
be
letten
finde
suretie
to
doe
no
waste
or
destruccion
beefore
the
trauers
bee
discussed
.
By
the
woordes
of
this
statute
it
shoulde
appeare
that
the
Chauncellours
before
this
time
by
theire
discrecions
hadde
vsed
to
let
the
landes
to
the
partie
to
ferme
,
Monstrance
de
droit
,
although
the
statute
make
no
mencion
thereof
,
for
so
it
was
vsed
to
doe
by
order
of
the
common
lawe
,
as
it
appeareth
by
the
booke
before
.
And
of
this
matter
see
the
booke
.3
.
Henrye
.7
.
Now
is
this
statut
amplified
and
made
plainer
in
thys
point
by
the
statute
made
in
the
.8
.
yeare
Henrie
.8
.
the
.26
.
chapter
,
whiche
will
that
no
landes
or
tenementes
seysed
into
the
kinges
handes
vppon
enquest
taken
before
eschetours
or
commissioners
bee
in
anye
wise
graunted
or
letten
to
ferme
by
the
Chaunceller
or
Tresorer
of
Englande
or
anye
other
the
kinges
officers
,
till
the
saide
enquestes
or
verdites
bee
retourned
fullye
intoo
the
Chauncerie
or
th
eschequer
,
but
all
that
time
shall
abide
in
the
kinges
handes
and
by
a
moneth
after
the
saide
retourne
,
if
it
bee
not
so
that
hee
or
they
that
feele
themselues
greeued
by
the
saide
enquest
or
that
are
put
out
of
theire
landes
and
tenementes
come
into
the
chauncerie
and
offer
to
trauerse
the
saide
enquestes
and
to
take
the
saide
lande
or
tenementes
to
ferme
,
whiche
if
they
doe
then
the
saide
Chauncellour
,
Tresorer
,
or
other
officer
shal
let
them
haue
them
to
ferme
shewinge
good
euidence
,
prouing
theire
trauerse
to
be
true
accordinge
to
the
forme
of
the
statute
of
an
.36
.
E.
3.
to
holde
till
the
issue
vppon
the
saide
trauerse
taken
bee
founde
and
discussed
for
the
kinge
or
elles
for
the
partie
,
and
also
fyndynge
sufficient
suertie
too
pursue
the
saide
Trauers
with
effecte
,
and
to
render
to
the
kinge
the
yearely
value
of
the
tenementes
whereof
the
trauerse
shal
bee
so
taken
,
if
it
bee
discussed
for
the
kinge
.
And
if
anye
Letters
patentes
of
anye
landes
or
tenementes
bee
made
to
anye
other
parson
to
the
contrarie
,
then
the
same
to
be
void
after
the
moneth
.
Hereuppon
is
to
bee
noted
that
the
shewinge
of
the
euydence
is
onelye
rehersed
to
the
lettynge
of
the
landes
to
ferme
&
not
to
the
trauerse
,
For
by
this
statute
hee
maye
trauerse
without
shewinge
anye
euydence
,
but
not
haue
the
landes
to
ferme
.
Also
by
these
Statutes
hee
is
not
bounde
to
noe
certeine
tyme
for
takinge
of
hys
trauers
,
but
onelye
for
takinge
of
the
landes
to
forme
,
for
hee
maye
tende
hys
trauerse
when
hee
will
so
hee
desire
not
the
ferme
of
the
lands
,
But
if
hee
will
haue
them
to
ferme
hee
must
tend
his
trauers
within
the
moneth
,
as
appeareth
.
P.
13.
E.
4.
fo.
8.
and
nowe
by
the
statute
of
anno
.
1.
H.
8.
ca.
9.
hee
hath
three
monethes
libertie
to
doe
it
.
Also
note
the
thinges
that
he
must
fynde
suertie
for
,
that
is
to
say
,
to
sue
with
effecte
,
to
paye
the
rent
after
the
trauers
bee
discussed
,
and
to
doe
no
waste
or
destruccion
.
In
this
woorde
rent
is
emplyed
all
the
arrerages
of
the
rent
that
shall
encurre
meane
betwene
the
takynge
of
the
ferme
and
the
discussinge
of
the
trauerse
and
yet
it
is
not
so
expressed
.
Also
the
lease
that
is
made
to
hym
that
tendes
the
trauerse
is
not
of
anye
terme
certeine
,
but
onelye
by
these
woordes
Donec
discussum
fuerit
,
for
the
woordes
of
the
statute
bee
so
,
and
therefore
as
soone
as
the
trauerse
is
founde
againste
him
that
tendeth
it
by
and
by
the
lease
hee
hadde
in
the
landes
by
force
of
the
Statute
is
voide
,
as
apperethe
in
.4
.
Edwarde
the
.4
.
folio
.29
.
wythout
anye
further
proces
:
Howbeit
forasmuche
as
the
woordes
bee
to
holde
till
the
issue
vppon
the
saide
trauers
taken
bee
founde
and
discussed
,
for
the
kinge
or
for
the
partie
,
I
woulde
learne
if
the
partye
bee
nonsute
vppon
hys
trauerse
or
that
the
trauerse
bee
aiudged
againste
him
vppon
a
demurrer
in
lawe
,
whether
the
lese
shoulde
bee
voide
or
not
,
like
as
it
shal
bee
vppon
the
issue
founde
.
And
it
seemes
it
shal
bee
by
the
woordes
comprised
in
the
saide
statute
of
anno
36.
Edwarde
.3
.
But
not
by
any
words
comprised
in
the
saide
statute
of
an
.8
.
H.
6.
For
the
wordes
bee
tanque
il
soit
aiudge
,
and
therewih
agreeth
the
booke
in
4.
H.
6.
fo.
12.
Also
note
that
before
this
statute
of
anno
.8
.
H.
6.
the
kynge
did
vse
to
graunte
the
custodye
bothe
of
the
landes
and
body
to
anye
other
to
whome
hee
woulde
after
office
and
beefore
anye
trauers
tended
,
and
this
graunt
was
good
,
because
it
was
not
then
restrained
by
any
statute
.
Howbeit
vppon
the
trauers
tended
a
Scire
facias
shoulde
haue
beene
awarded
against
the
patentee
comprehendinge
in
the
same
all
the
trauerse
.
And
if
he
had
beene
retourned
,
warned
and
came
not
,
his
patent
had
ben
voide
eo
facto
,
as
appeareth
in
the
saide
booke
of
.4
.
Henrye
.6
.
at
least
wise
for
the
landes
,
and
yet
there
was
then
no
estatute
that
made
them
voide
,
quod
nota
.
And
then
by
and
by
they
shoulde
haue
beene
letten
to
ferme
to
him
that
hadde
tended
the
trauerse
.
But
nowe
whether
since
the
makinge
of
the
saide
statute
of
an
.8
.
Henry
the
.6
.
fo.
17.
a
Scire
facias
.
shal
bee
awarded
against
the
Patentee
vppon
a
Trauers
,
lerne
for
the
saide
statute
makes
suche
letters
patentes
voide
for
the
graunt
of
the
landes
,
but
not
so
for
the
bodye
,
and
therefore
it
seemes
a
Scire
facias
shal
bee
still
awarded
and
the
graunt
also
of
the
saide
landes
is
not
voide
till
after
the
moneth
.
ouster
le
maine
,
by
whych
ouster
le
main
the
kinge
deliuereth
nothinge
but
leaues
his
owne
possession
as
one
that
hath
no
right
to
keepe
the
possession
anye
longer
.
And
it
appeareth
sufficientlye
that
hee
hadde
no
right
to
keepe
it
after
the
tyme
the
heire
that
shoulde
haue
it
was
of
full
age
:
Wherefore
a
straunger
in
that
case
cannot
trauerse
,
for
so
twoe
that
hadde
no
right
,
by
trauersinge
together
might
keepe
the
thirde
that
hath
right
from
his
possession
:
whiche
was
neuer
the
meaninge
of
the
makers
of
the
saide
statutes
.
And
notwithstanding
that
this
booke
.
1.
H.
7
bee
that
after
the
trauerse
and
before
the
ferme
graunted
the
liuerie
was
made
,
yet
that
makes
no
difference
,
for
whether
the
ferme
were
graunted
before
the
lyuerie
or
after
when
the
trauers
is
become
voide
by
the
liuerie
,
the
ferme
whiche
dependeth
vppon
the
same
is
also
voide
as
mee
seemeth
.
And
note
also
that
the
saide
statute
.
1.
Hen.
8.
whiche
geeues
three
monethes
for
hauinge
the
landes
to
ferme
makes
no
mencion
of
the
tresorer
of
Englande
,
but
onelye
of
the
Chaunceller
,
so
that
for
anye
thinge
that
ys
to
bee
letten
by
force
of
that
statute
it
must
bee
done
onlye
by
the
Chauncellour
and
not
by
the
treasorer
.
As
it
shoulde
seeme
as
well
of
offices
retourned
into
th
eschequer
as
into
the
Chauncerie
,
and
therefore
within
the
moneth
after
an
office
retourned
into
th
eschequer
,
the
tresorer
maye
let
the
landes
to
ferme
to
him
that
tendes
the
trauerse
accordinge
to
the
saide
statute
.
8.
H.
6.
But
if
it
bee
to
let
after
the
moneth
the
Chaunceller
of
Englande
must
doe
it
as
it
should
seeme
.
And
note
also
that
by
a
statute
made
anno
.
1.
H.
8.
cap.
11.
Any
person
that
sued
his
liuere
in
time
of
king
H.
7.
vppon
anye
office
that
founde
hee
helde
in
chiefe
where
in
dede
he
helde
not
in
chiefe
,
whiche
saide
offices
were
found
by
the
procurement
of
Empson
and
Dudley
in
the
tyme
of
the
said
late
kinge
,
maye
trauerse
th
office
in
like
maner
and
forme
as
he
might
haue
done
before
the
liuerie
sued
,
if
it
be
so
that
he
be
now
seised
of
the
same
landes
,
sauing
that
hee
shall
not
bee
restored
to
the
meane
issues
and
profites
.
This
statute
seemes
not
to
extende
to
the
parties
heires
that
hadde
liuerie
,
but
onelye
to
the
partie
him selfe
.
Quere
hoc
.
And
note
that
in
the
court
where
th
office
is
first
retourned
into
,
there
I
shall
tende
my
trauers
:
as
if
it
bee
retourned
into
the
Chauncerie
,
then
in
the
Chauncerye
,
and
if
in
the
Eschequer
,
then
in
th
eschequer
,
as
in
deede
all
offices
virtute
officij
are
retournable
in
th
eschequer
onelye
,
and
such
as
bee
virtute
breuis
vel
commissionis
bee
retournable
in
the
Chauncerie
.
And
now
by
the
Statute
of
.33
.
H.
8.
cap.
22.
No
eschetour
maye
sitte
virtute
officij
onely
to
fynde
anye
office
of
landes
holden
of
the
kinge
of
the
value
of
v.
li.
or
aboue
vppon
paine
to
forfait
v.
li.
Monstrance
de
droit
.
THe
Statute
of
an
.36
.
E
.3
.
that
geeueth
a
trauerse
saithe
in
this
wise
.
Et
sil
eit
nul
home
qui
met
challenge
ou
claime
aus
terres
issint
seisies
que
leschetour
maunde
lenquest
en
la
chauncellarie
deins
le
mois
apres
les
terres
issint
seisies
,
et
que
briefe
luy
soit
liuere
de
certifier
la
cause
de
sa
seisin
en
la
Chancellarie
,
et
illeoques
soit
oye
sauns
delaye
de
trauerser
loffice
ou
auterment
mre
son
droit
,
et
illeoques
maunde
deuaunt
le
roye
a
faire
final
discussion
sauns
attender
auter
maundement
.
This
statute
speakes
bothe
of
trauerse
and
Monstrance
de
droit
disiunctiuely
,
whereby
a
man
may
gather
that
if
Monstraunce
de
droit
were
not
by
th
order
of
the
common
law
as
it
is
saide
13.
E.
4.
f.
8.
that
it
is
:
yet
were
it
geeuen
by
this
estatute
.
And
no
booke
that
beares
date
before
this
statut
can
I
find
that
treates
any
thing
of
Monstraunce
de
droit
.
Wherfore
without
preiudice
to
anye
mans
oppinion
,
mine
oppinion
is
that
it
is
geuen
onely
by
this
statute
,
but
whether
it
bee
so
or
not
so
,
I
doe
not
greatly
force
.
Let
vs
see
what
it
is
,
&
in
what
cases
it
lieth
.
If
the
kinge
bee
entitled
by
office
or
other
matter
of
recorde
that
is
trauersable
,
Howbeit
there
is
no
cause
of
trauerse
for
that
the
office
or
recorde
is
true
,
in
this
case
anye
manne
that
hath
right
to
the
possession
of
the
freeholde
of
this
lande
whiche
in
shewinge
of
his
right
is
able
to
confesse
this
office
and
auoid
it
,
shal
bee
receyued
if
hee
bee
putte
out
of
hys
possession
or
greeued
thereby
to
come
into
the
Chauncerie
and
shewe
his
saide
right
,
which
beinge
there
proued
to
be
true
,
iudgement
shal
bee
geeuen
that
the
kinges
handes
be
amoued
from
the
possession
of
the
saide
landes
with
the
meane
issues
and
proftes
to
be
restored
vnto
the
party
that
sueth
the
said
Monstraunce
de
droit
As
for
an
example
,
it
is
founde
by
office
that
the
kinges
tenaunt
by
knightes
seruice
in
chiefe
dyed
seised
of
certeine
landes
whiche
are
descended
to
his
heir
being
within
age
,
where
in
dede
in
his
life
time
I
recouered
this
land
against
him
,
and
suing
no
execution
suffred
him
to
dye
seised
therof
,
now
vpon
this
office
returned
into
the
Chauncerie
shall
I
come
&
shewe
my
right
,
that
is
to
saye
,
this
recouere
and
auerre
that
this
lande
founde
by
office
is
the
lande
that
I
recouered
or
parcell
thereof
,
which
being
so
proued
and
tried
I
shall
haue
an
Ouster
le
maine
.
Like
law
it
is
if
the
kings
tenaunt
disseised
me
of
those
landes
,
and
I
made
my
continuall
claime
,
or
that
I
had
title
to
enter
for
condicion
broken
into
the
saide
landes
in
the
life
of
the
kinges
tenaunt
,
and
I
entred
and
after
was
disseised
by
him
.
But
quere
if
I
did
not
enter
in
his
life
,
whether
now
I
may
bee
holpen
by
a
Monstraunce
de
droit
vppon
the
kinges
possession
.
And
me
thinkes
not
because
I
haue
noe
righte
in
that
case
till
I
enter
,
for
vntill
that
time
the
right
continueth
still
in
hym
,
so
that
the
kinge
then
hath
a
right
ere
I
haue
a
right
which
ought
too
bee
preferred
and
take
place
since
it
is
but
for
a
tyme
before
myne
.
And
for
these
cases
see
the
booke
in
.3
.
H
7.
fo.
2.
But
if
the
king
bee
entitled
by
matter
of
worde
not
trauersable
as
if
he
be
entytled
by
double
matter
of
record
,
in
this
case
I
can
not
haue
my
Monstraunce
de
droit
no
more
than
I
can
haue
in
the
like
case
of
Trauerse
,
vnlesse
my
title
be
founde
by
one
of
the
saide
recordes
.
As
take
the
case
to
bee
,
It
is
founde
by
office
that
one
suche
that
holdeth
of
the
kinge
disseised
mee
,
and
then
committed
a
felonye
,
vppon
whome
I
entred
,
after
whiche
entrie
the
saide
tenaunt
was
attainted
of
the
felonye
,
in
this
case
I
shal
haue
the
lande
out
of
the
kings
hands
by
a
Monstrance
de
droit
causa
qua
supra
.
And
yet
the
kinges
tytle
is
here
by
a
record
and
not
trauersable
,
that
is
to
saye
,
th
atteinder
.
But
what
than
?
My
tytle
is
also
founde
by
office
,
and
appeareth
by
matter
of
recorde
,
Monstraunce
de
droit
,
as
appeareth
in
.3
.
Edward
.
4.
And
therewith
agreeth
the
booke
4.
Henry
.
7.
where
kyng
Richard
the
thirde
was
attainted
of
Treason
by
act
of
Parliament
and
found
by
office
that
he
was
seised
of
certeine
land
,
cometh
one
B.
and
saith
that
in
the
saide
Parliament
it
was
enacted
that
an
atteinder
of
treason
had
against
the
father
of
the
saide
B.
shoulde
bee
auoided
and
adnulled
,
and
hee
restored
to
his
landes
,
and
that
these
lands
comprised
in
the
office
were
in
the
hands
of
the
said
king
R.
by
attainder
of
his
father
,
&
aiudged
that
vpon
this
Monstraunce
de
droit
the
party
should
haue
restitucion
because
his
right
appered
by
mater
of
record
.
Like
law
is
it
wher
it
is
found
by
office
that
such
a
one
is
attainted
of
felony
&
is
seised
of
such
landes
which
are
holden
of
the
king
,
nowe
he
that
hath
cause
to
sue
his
Monstraunce
de
droit
can
not
be
admitted
therunto
by
reason
of
these
two
records
.
Howbeeit
if
it
bee
so
that
there
is
noe
suche
attainder
in
deede
,
then
may
the
party
that
would
sue
a
Monstraunce
de
droit
saye
that
there
is
no
suche
recorde
of
attainder
,
which
beeinge
founde
true
,
hee
shal
be
receiued
to
his
Monstraunce
de
droit
,
as
appeareth
in
the
saide
booke
.4
.
H.
7.
For
nowe
is
there
no
recorde
against
him
but
onelye
the
office
,
and
notwithstandinge
that
by
th
office
th
attaindour
is
founde
,
yet
this
fyndinge
makes
nothinge
for
the
kinge
:
if
it
bee
vntrue
:
For
the
iurie
can
neuer
finde
a
matter
of
recorde
,
and
if
they
doe
,
it
is
to
little
purpose
:
for
the
recorde
is
euer
triable
by
it selfe
,
and
if
there
bee
suche
a
recorde
it
will
appeare
thoughe
they
fynde
it
not
,
and
if
there
bee
none
,
the
finding
of
it
is
voide
.
This
may
you
see
that
a
Monstrance
de
droit
lyeth
sometimes
althoughe
the
kynge
bee
entytled
by
double
matter
of
recorde
,
if
it
so
bee
that
the
parties
tytle
appeare
by
matter
of
recorde
or
else
it
lyethe
not
:
Choke
,
Littleton
and
Nedham
,
helde
oppinion
in
.14
.
E.
4.
that
if
it
bee
founde
before
th
eschetour
that
one
was
tenant
in
taile
of
certeine
landes
holden
of
the
kinge
the
remaynder
to
another
in
fee
,
and
that
hee
in
the
remainder
is
outlawed
of
felonye
,
and
that
tenaunt
in
taile
is
dead
without
issue
,
where
in
dede
he
beinge
tenant
in
taile
before
the
statute
De
donis
condicionalibus
after
that
hee
hadde
issue
enfeffed
one
B.
in
this
case
the
saide
B.
shall
shewe
this
matter
,
and
that
the
vtlagarie
was
after
the
feffement
made
and
so
haue
the
landes
out
of
the
kinges
handes
by
a
Monstraunce
de
droit
:
But
it
shoulde
seeme
their
oppinion
is
againste
the
lawe
and
the
bookes
beefore
rehersed
,
vnlesse
this
feffement
were
founde
by
office
,
Monstraunce
de
droit
althoughe
his
title
bee
not
founde
by
office
,
as
wel
as
hee
shoulde
in
the
like
case
if
he
were
to
take
a
trauerse
,
But
otherwise
it
is
where
the
kinge
is
entitled
by
an
other
recorde
beside
the
office
whiche
is
not
trauersable
,
there
hee
shall
not
bee
receiued
vnlesse
the
parties
title
appeare
by
mater
of
recorde
.
And
note
that
if
the
kynge
haue
commytted
the
lande
ouer
,
he
that
sueth
his
Monstrans
de
droit
muste
sue
a
Scire
facias
against
the
committe
euen
as
hee
shoulde
vppon
a
trauerse
,
and
as
for
takynge
the
landes
to
ferme
or
for
suynge
the
sayde
Monstrans
de
droit
durynge
the
tyme
the
heire
in
whose
righte
the
kyng
hathe
seised
is
wythin
age
.
Like
lawe
is
to
be
vsed
as
is
beefore
declared
vppon
the
tytle
of
Trauerse
.
Peticion
.
PEticion
is
al
the
remedie
the
subiect
hath
when
the
kyng
seiseth
his
land
or
taketh
away
his
goods
from
him
hauing
no
title
by
order
of
his
lawes
so
to
do
,
in
whyche
case
the
subiect
for
his
remedy
is
driuen
to
sue
vnto
his
soueraine
lorde
by
way
of
peticion
onely
:
for
other
remedye
hathe
hee
not
,
as
it
hath
ben
sufficiently
declared
before
vpon
the
15.
cha.
of
the
kings
prerogatiue
.
And
therefore
is
his
peticion
called
a
peticion
of
right
,
because
of
the
righte
the
subiect
hath
against
the
king
by
the
order
of
his
laws
,
to
the
thing
he
sueth
for
.
And
this
peticion
may
be
sued
as
wel
in
the
parlement
as
out
of
the
parlement
,
&
if
it
be
sued
in
the
parlement
,
then
it
may
be
enacted
&
passe
as
an
act
of
parlement
,
or
els
to
be
or
dred
in
like
maner
as
a
peticion
that
is
sued
out
of
the
parlement
which
is
in
this
maner
,
first
after
the
peticion
is
endorsed
it
shal
be
deliuered
to
the
Chaunceler
of
England
,
&
then
shal
ther
be
a
commission
awarded
out
of
the
chauncerie
to
find
the
righte
or
title
of
him
that
sueth
the
peticion
,
which
being
found
by
enquest
,
then
he
may
enterplede
withe
the
kynge
and
not
before
,
que
le
roy
luy
face
droit
et
reason
,
which
is
as
much
as
if
he
had
prayed
restitucion
of
that
that
he
suethe
for
:
And
there
vpon
such
a
generall
conclusion
the
endorsemente
is
Soit
droit
fait
as
ꝑties
which
euer
is
deliuered
vnto
the
Chanceller
,
as
is
declared
.
But
if
the
conclusion
in
the
peticion
bee
speciall
and
the
endorsement
special
,
then
they
shal
procede
accordinge
to
the
sayde
speciall
endorsement
.
As
for
an
example
,
the
kinge
recouereth
in
a
Quare
impedit
by
defaute
against
one
that
was
neuer
summoned
,
in
this
case
the
partie
that
lost
can
not
haue
a
writ
of
disceit
vntill
such
time
as
he
haue
sued
vnto
the
kinge
by
peticion
for
the
sayde
wrytt
and
if
in
his
peticion
he
conclude
and
praye
that
the
kynge
do
him
right
generally
,
nowe
the
iustices
before
whom
the
recouerie
was
had
can
not
examine
the
deceit
without
an
originall
writ
directed
vnto
them
for
that
purpose
,
and
yet
before
he
obteined
that
writ
his
right
shal
be
enquired
of
by
commission
,
but
if
he
conclude
specially
in
his
peticion
that
it
maye
please
his
highenesse
to
commaunde
the
iustices
to
procede
to
the
examinacion
,
which
peticion
is
endorsed
accordinglye
,
them
may
they
do
it
,
without
any
such
writ
or
commission
to
be
sued
,
as
appeareth
in
.10
.
H.
4.
Monstrans
de
droit
is
tended
,
whiche
patentee
yf
he
haue
not
the
whole
fee
simple
but
that
ther
is
a
reuersion
in
the
kynge
or
that
the
kynge
is
bounde
to
warrauntie
,
when
he
appeareth
vppon
the
Scire
facias
he
maye
praye
a
write
of
Searche
to
bee
awarded
into
the
tresorie
to
search
what
theye
can
finde
for
the
kynges
title
,
as
appeareth
in
.9
E.
4.
f.
5●
.
where
Sottle
sayethe
that
euerye
peticion
muste
make
mention
of
al
the
kyinges
titles
,
for
if
it
be
found
by
the
write
of
searche
that
anye
be
omitted
,
the
peticion
shall
abate
:
&
the
reason
of
it
is
because
that
yf
on
this
sute
of
peticion
the
kinge
take
an
issue
with
the
partie
which
is
found
against
him
,
his
highnesse
then
shal
be
concluded
for
euer
more
to
claime
by
any
of
the
points
conteyned
in
the
sayd
peticion
.
And
here
with
agreeth
the
boke
T.
16
E.
4.
Monstrans
de
droit
,
because
the
statute
of
An
14.
E.
3.
cap.
13.
that
concerneth
search
doth
speak
only
but
of
a
peticion
,
but
to
that
it
maye
bee
sayde
that
at
the
time
of
making
of
the
statut
ther
was
noe
trauerse
geeuen
.
And
Skrene
sayeth
.7
.
Monstrans
de
droit
,
will
serue
,
ther
is
hee
driuen
to
his
peticion
.
As
for
an
example
,
wher
the
king
is
entitled
by
double
mater
of
recorde
.
Like
law
is
where
he
is
entitled
by
a
record
not
trauersable
,
as
take
the
case
,
the
kynge
recouered
by
assent
and
wythout
title
,
a
straunger
that
hathe
good
title
shall
not
salsifie
this
recouerie
by
a
trauerse
or
Monstrans
de
droit
,
but
is
driuen
to
his
peticion
,
so
it
is
where
the
kinge
recouerethe
by
erronyous
proces
the
partie
shall
not
haue
a
write
of
errour
,
vntill
he
haue
sued
by
peticion
for
it
.
So
likewise
it
is
if
landes
are
holden
of
mee
bye
knightes
seruice
a
straunger
brynges
a
Precipe
in
capite
of
those
lands
against
my
tenant
&
recouereth
by
defaut
,
although
by
this
recouerie
,
I
am
not
put
out
of
possession
of
mye
seignorie
but
that
the
tenaunt
holdethe
of
me
as
hee
did
before
and
also
of
the
kinge
by
conclusion
,
yet
in
this
case
if
the
recouerer
dye
his
heire
wythin
age
,
and
the
kynge
seisethe
the
ward
,
I
am
driuen
nowe
to
my
peticion
for
the
ward
,
Monstraunce
de
droit
or
trauerse
,
but
am
driuen
to
mye
peticion
.
And
so
in
all
cases
like
wheare
mine
entre
should
be
tolled
if
the
lands
were
in
the
hands
of
a
common
person
,
as
appeareth
in
8.
&
.
9.
H.
4.
monstrance
de
droit
,
if
the
lands
be
once
out
of
the
kings
hands
,
the
party
then
may
haue
his
remedie
that
the
comon
law
geueth
him
:
for
in
all
these
cases
the
peticion
did
lye
onely
for
the
dignitie
of
his
person
and
not
for
the
right
that
he
had
to
the
possession
of
the
thing
.
But
if
the
kinge
purchaceth
lands
holden
of
mee
,
learne
what
remedie
I
may
haue
for
my
seignory
during
the
kinges
possession
:
for
wilby
sayeth
in
20.
E.
3.
that
I
haue
no
remedie
in
the
case
and
if
his
highnes
make
a
feffm̄t
of
these
lands
to
hold
of
him self
,
de
religiosis
.
Also
if
the
kinge
disseise
my
tenant
,
during
this
possession
I
haue
no
remedie
for
my
seignorie
but
only
by
peticyon
,
&
if
the
kinge
ēfeff
mye
tenant
to
hold
of
his
highnes
,
yet
haue
I
no
remedy
for
my
seignorie
,
but
only
by
peticion
.
But
if
one
holde
certeine
landes
of
mee
which
are
falsly
found
by
office
to
be
holden
of
the
kinge
in
Capite
,
and
the
king
seiseth
them
&
enfeoffeth
my
tenaunt
thereof
to
holde
of
his
highnes
,
in
this
case
I
may
nowe
distreine
for
my
seignorie
&
am
not
oute
of
possession
,
Catesby
&
Hussey
hold
oppinion
to
the
contrary
here
of
M.
1.
¶
Where
a
Scire
facias
must
be
sued
before
a
lyuerye
or
Ouster
le
maine
.
IF
the
king
be
seised
of
a
ward
and
grantethe
yt
durante
minore
etate
now
when
the
heire
commeth
of
full
age
and
sueth
his
general
liuerie
he
nedeth
not
to
sue
a
Scire
facias
against
the
patentee
,
because
his
estat
is
determined
by
the
ful
age
of
the
heire
,
and
yet
it
may
be
that
the
heire
had
forfaited
his
maryage
vnto
the
patentee
,
and
then
hee
hathe
good
cause
to
reteine
the
lande
til
he
bee
satisfied
of
the
forfaiture
.
But
the
lawe
shall
not
entende
anye
suche
forfaiture
to
bee
,
and
therefore
ther
nedeth
no
Scire
facias
be
sued
.
Like
law
is
it
,
as
semeth
if
the
king
graunt
the
wardshyppe
for
no
time
certaine
,
but
quamdiu
in
manibus
nostris
fore
contigerit
,
if
he
make
a
special
liuerie
vnto
the
heire
beeinge
within
age
,
there
needed
no
Scire
facias
to
be
sued
,
so
is
it
where
the
grant
is
but
dutante
beneplacito
nostro
,
but
if
the
kyng
haue
land
in
ward
and
enfeffeth
therof
a
straunger
some
think
the
heire
nedeth
not
to
sue
any
Scire
facias
against
the
feffee
but
at
his
pleasure
,
and
some
other
thinke
he
muste
,
beccause
his
estate
is
not
determined
by
the
full
age
of
the
heire
,
as
it
is
in
the
firste
case
I
put
before
.
And
it
may
be
that
an
auncester
collaterall
vnto
the
childe
hath
released
with
warrantie
whiche
is
descended
which
the
feffee
might
pleade
if
he
came
in
by
Scire
facias
or
els
by
the
liuerie
she
saide
warrantie
is
vtterly
lost
,
&
these
cases
appeare
P.
7.
H.
4.
f.
27.
30.
&
43.
10.
Monstrans
de
droit
shall
sue
a
Scire
facias
and
where
not
.
And
as
to
that
it
is
a
generall
rule
that
yf
the
kynge
haue
graunted
the
wardshyp
of
the
landes
ouer
for
any
terme
certaine
,
or
granted
any
other
certaine
estate
in
the
landes
,
he
that
sueth
his
peticion
,
Monstrans
de
droit
,
or
trauerse
muste
sue
a
Scire
facias
againste
the
kinges
patentee
in
suche
case
,
Monstrans
de
droit
,
in
this
case
hee
that
suethe
neede
not
to
sue
any
Scire
facias
.
And
these
cases
appeareth
in
5.
E.
4.
f.
3.
&
13.
E.
3.
Ouster
le
mayne
withoute
suinge
anye
Scire
facias
againste
the
patentee
,
as
it
appeareth
in
.10
.
Edwarde
the
thirde
,
and
at
this
daye
the
case
is
more
stronger
for
suche
a
graunt
were
voide
beecause
it
is
beefore
office
.
And
therefore
vppon
anye
suche
voide
graunt
there
neede
no
Scire
facias
And
in
.14
.
Edwarde
the
fowerth
fo.
1.
it
appearethe
that
one
had
trauersed
an
office
whiche
was
sente
into
the
kinges
benche
to
trye
and
had
forgotten
to
sue
his
Scire
facias
,
and
yet
hee
was
suffred
to
goe
agayne
into
the
Chauncerie
to
pray
a
Scire
facias
vpon
the
first
trauerse
for
it
was
saide
that
the
Chauncerie
is
a
courte
of
conscyence
and
for
that
cause
the
thinge
that
was
there
amisse
may
be
reformed
at
all
times
.
And
learne
if
this
Scire
facias
bee
sued
againste
manye
and
one
of
them
dyeth
whether
this
shal
abate
the
trauerse
,
Monstrans
de
droit
,
or
peticion
wheruppon
it
is
sued
or
elles
onelye
the
Scire
facias
,
It
semes
that
nothinge
shall
abate
but
the
Scire
facias
because
no
mention
is
made
of
the
tenaunt
neither
in
a
trauerse
Monstrans
de
droit
of
peticion
.
And
of
this
mater
see
the
booke
in
M.
7
H.
4.
fo.
●
.
Ouster
le
mayne
.
OVster
le
main
is
the
iugement
that
is
geuen
for
hym
that
tendeth
a
trauerse
or
sueth
a
Monstrans
de
droit
or
peticion
,
for
when
it
appeareth
vpon
the
matter
discussed
that
the
kinge
hathe
no
righte
nor
title
to
the
thinge
he
seised
,
then
iudgement
shal
bee
geeuen
in
the
Chauncerie
that
the
handes
bee
amoued
:
and
thereuppon
Amoueas
manum
shal
bee
awarded
to
th
eschetour
,
whiche
conteruailes
as
muche
as
if
the
iudgemente
weare
geeuen
that
hee
shoulde
haue
againe
his
lande
as
appeareth
,
in
24
E.
3
f.
3●
.
and
this
iugement
sometime
is
geuen
in
the
kinges
bench
and
not
in
the
chauncerie
,
&
that
is
in
case
where
the
parties
descende
to
an
issue
.
then
for
the
tryall
thereof
theye
of
the
chauncerie
muste
awarde
a
venire
facias
returnable
in
the
kings
benche
at
a
certaine
daye
,
at
whiche
day
notwithstandinge
that
the
shirife
returne
not
the
writ
,
yet
the
Alias
venire
facias
shall
not
bee
awarded
out
of
the
chancerie
but
oute
of
the
kinges
bench
:
for
there
and
no
where
els
it
is
recorded
,
quod
vicecomes
non
misit
breue
,
as
appeareth
in
.13
.
E.
4.
f.
8.
And
when
the
issu
is
found
for
the
partie
they
of
the
kinges
bench
shall
gaue
iugement
&
awarde
an
ouster
le
maine
without
suinge
for
the
same
in
the
chauncerie
,
as
appeareth
in
21.
H.
7.
&
.29
.
Ouster
le
mayne
as
well
to
the
kinges
patentee
as
to
the
eschetoure
and
that
is
where
the
kinge
hath
graunted
the
thing
that
hee
seised
to
any
other
,
but
notwithstanding
that
there
go
such
wryttes
of
Amoueas
manum
bothe
to
th
eschetor
and
to
the
partie
,
yet
the
kynge
is
out
of
possession
as
sone
as
iugement
is
geuen
in
the
chauncerie
,
not
forcing
whether
any
of
these
wryttes
bee
awarded
or
not
either
to
th
eschetoure
or
to
the
partye
:
and
thereupon
the
partie
for
whom
iudgemente
is
geeuen
may
entre
forth
with
into
the
landes
and
shal
bee
sayde
noe
intrudor
,
De
escaetoribus
the
partie
hadde
noe
remedye
in
suche
case
but
onelye
to
sue
vnto
the
kinge
himselfe
,
as
it
appearethe
by
the
sayde
statute
,
and
nowe
that
statute
geeues
an
Ouster
le
maine
vna
cum
exitibus
.
Howbeit
this
Ouster
le
mayne
maye
not
bee
sued
by
parcels
no
more
than
a
liuery
and
therefore
if
diuerse
writtes
or
commissions
bee
awarded
into
diuers
counties
to
enquire
after
the
death
of
A.
B
and
in
one
countie
it
is
founde
that
hee
holdethe
nothynge
of
the
kinge
but
in
socage
,
and
in
the
same
countie
and
bye
the
same
enquest
it
is
found
that
he
holdeth
of
an
other
by
knights
seruice
yet
the
lord
by
knights
seruice
gettethe
noe
Ouster
le
main
vntil
the
other
ēquests
be
also
returned
in
,
Causa
qua
sup̄
for
if
he
should
,
then
he
should
haue
it
for
the
lands
and
not
for
the
body
,
and
so
should
haue
it
by
parcelles
,
for
the
bodie
may
not
be
deliuered
as
long
as
there
is
anye
enquest
to
be
returned
in
.
And
the
reason
of
it
is
,
beecause
that
enqueste
may
finde
a
tenure
of
the
king
by
knights
seruice
in
chiefe
,
in
which
case
his
highnes
ought
to
haue
the
whole
landes
,
and
if
it
bee
but
a
commen
tenure
by
knyghtes
seruice
,
yet
hys
highnesse
at
the
leaste
oughte
to
haue
the
preferrement
of
the
bodye
,
yea
&
thoughe
the
lorde
of
whom
it
is
founde
to
be
holden
be
the
archebyshoppe
of
Caunt
or
suche
a
one
against
whom
the
kings
prerogatiue
will
not
hold
for
the
landes
,
yet
because
it
holds
for
the
bodies
he
getteth
no
Ouster
le
maine
vntil
al
the
offices
be
returned
in
,
for
the
reason
before
made
,
as
appeareth
in
16.
E.
3.
Ouster
le
maine
beefore
the
other
offices
retourned
.
And
so
note
howe
in
tymes
past
men
haue
sued
Ouster
le
maine
vpon
a
seisin
made
for
the
kynge
although
the
office
founde
afterward
did
not
entitle
his
highnes
.
Howbeit
at
this
day
it
is
not
so
vsed
,
for
th
eschetor
will
not
seise
vnlesse
there
be
an
office
found
,
although
he
might
lawfullye
do
it
by
the
words
of
the
writ
Diem
clausit
,
whiche
vsage
I
do
nothinge
mislike
,
consideringe
the
great
trouble
it
auoideth
that
might
els
ensue
to
the
kinges
subiectes
.
And
note
that
in
all
cases
where
the
king
is
seised
or
in
possession
of
the
land
by
office
or
any
other
mater
of
recorde
,
his
highnes
seisin
can
not
be
deliuered
out
of
him
vntill
suche
time
an
Ouster
le
maine
bee
sued
,
as
if
the
king
be
seysed
by
office
of
the
lande
of
any
Idiots
,
or
for
ānum
diem
&
vastum
of
lands
of
any
that
is
attainted
,
in
these
cases
he
that
shoulde
haue
these
landes
after
the
kynges
title
determined
muste
sue
an
Ouster
le
maine
,
otherwise
yt
is
where
the
kyng
is
not
seised
of
the
land
but
only
entitled
to
the
profites
,
as
of
the
landes
of
him
that
is
outlawed
in
a
personall
action
,
or
of
clerke
conuicte
or
suche
like
,
there
nede
no
Ouster
le
mayne
to
be
sued
,
as
appeareth
in
.8
.
E.
2.
4.
Ouster
le
maine
of
his
owne
parte
withoute
his
companions
,
as
appeareth
in
.2
.
Lyuerye
.
THe
maner
of
the
suing
of
a
generall
liuery
doth
partly
appere
in
the
title
of
Liuerie
in
the
great
abridgement
of
Iustice
Fitsherbert
A.
12.
H.
4.
ti.
Liuerie
p.
4.
&
A.
21.
R.
2.
ti.
Liuerie
.
p.
5.
Wher
it
is
declared
that
after
the
heire
that
was
in
the
kings
warde
is
come
to
full
age
,
then
a
writ
De
etate
probanda
shal
be
awarded
vnto
the
shirife
of
the
shiere
where
the
said
heire
was
borne
,
to
enquire
of
his
age
,
in
which
case
it
is
required
by
the
lawe
that
euerye
one
that
shall
passe
in
that
enquest
shal
be
of
the
age
of
.xliij.
yeares
,
meaning
therby
that
they
&
euery
one
of
them
shoulde
be
of
full
age
at
birth
of
the
childe
,
beecause
that
suche
haue
better
knowledge
and
remembraunce
then
other
of
lesser
age
haue
,
and
that
the
heire
that
is
in
warde
enforme
the
enquest
by
certaine
signes
and
tokens
of
the
tyme
of
his
birthe
,
as
to
say
,
that
that
yeare
there
was
a
great
tempeste
or
a
greate
plague
,
or
suche
like
,
which
signes
so
geuen
in
euidence
shal
be
returned
by
the
shiriue
as
well
as
the
principall
mater
.
But
whether
it
bee
requisite
to
haue
xij
.
or
a
lesse
number
in
the
sayde
enquest
or
not
,
learn
,
for
soome
think
that
any
number
from
two
vpwarde
will
serue
,
beecause
the
triall
is
by
proues
,
and
see
the
newe
Natura
breui
um
fo.
136.
wher
it
appereth
that
this
writ
of
Etate
ꝓbanda
was
directed
to
the
eschetour
of
the
countie
where
hee
was
borne
and
not
to
the
shiriue
.
Howebeeit
note
alwayes
that
theye
wheare
the
lande
is
shall
neuer
enquire
of
this
mater
,
vnlesse
the
birthe
and
lande
weare
bothe
in
one
shiere
,
for
theye
haue
enquired
of
it
allredy
,
that
is
to
say
when
theye
dyd
fynde
the
firste
offyce
.
Thus
when
theye
haue
founde
his
age
,
that
enqueste
shall
bee
returned
into
the
Chauncerie
,
and
from
thence
shal
bee
awarded
a
write
to
the
Lorde
Keeper
of
the
priuie
seale
,
signifying
vnto
him
that
the
heire
is
of
full
age
,
and
vppon
that
a
priuie
seal
shall
bee
directed
to
the
Chamberlaine
of
Englande
to
receiue
his
homage
,
whiche
beynge
receiued
,
the
sayde
lorde
Chamberlaine
shall
certifie
the
lorde
Chaunceller
by
write
of
the
receipte
thereof
,
and
then
shall
the
heire
haue
his
liuerie
.
But
it
seemes
that
if
the
heire
were
neuer
in
warde
but
of
full
age
at
death
of
his
auncester
and
so
founde
by
office
,
that
thenne
hee
shall
haue
liuerie
as
is
declared
vppon
that
office
onelye
,
without
suynge
anye
write
of
Etate
probanda
:
for
the
writtes
of
liuerie
in
thys
case
make
no
mention
of
anye
Etate
probanda
as
they
doe
in
the
other
case
,
but
if
the
heire
bee
withein
age
and
in
the
kyngs
warde
and
after
when
he
comes
to
his
ful
age
other
landes
descende
vnto
him
whiche
the
kynge
allso
seisethe
by
an
enqueste
that
fyndes
the
heire
of
full
age
,
yet
this
not
withstandynge
hee
must
now
sue
an
Etate
probanda
vppon
bothe
offices
,
as
appearethe
in
M.
13.
Henrye
the
fowerthe
.
And
the
reason
of
it
is
,
breue
de
terris
concelatis
.
And
see
the
statut
.
28.
E.
3.
ca.
4.
that
geues
the
rents
to
them
that
sue
liuerie
when
the
rent
day
cometh
although
it
cometh
next
day
after
their
liuerie
.
And
loke
more
for
liuerie
in
the
exposition
vpon
the
third
chapiter
of
the
kings
prerogatiue
.
Reseisir
REseisir
lieth
where
a
general
liuere
or
ouster
le
main
is
missued
by
any
person
or
persons
vnduely
and
not
according
to
the
forme
and
order
of
the
law
,
or
vpon
an
office
which
is
insufficient
in
the
law
for
the
partie
to
haue
liuerie
or
ouster
le
main
,
in
this
case
the
king
may
reseise
the
lands
without
suing
any
proces
against
the
partie
,
ouster
le
main
,
and
if
by
a
liuerie
,
them
but
from
the
time
of
the
liuerie
.
And
the
partie
that
hath
pursued
it
shal
be
accompted
none
other
than
as
an
intruder
vpon
the
kings
possession
after
office
,
in
which
case
no
freehold
shal
be
aiudged
in
him
,
nor
his
wife
of
that
possession
shal
haue
any
dower
,
as
appereth
18.
E.
3.
21.
E.
3.
fo.
1.
ouster
le
main
by
due
proces
,
and
after
a
record
is
found
in
the
tresorie
or
ells
where
,
or
an
office
in
the
contrie
,
whereby
the
kinge
is
entitled
of
a
title
growen
vnto
him
before
the
suing
of
the
sayd
lyuerie
or
ouster
le
main
,
although
the
partie
shoulde
haue
had
no
liuerie
or
ouster
le
main
in
case
the
sayd
records
had
then
appered
vnlesse
he
could
haue
auoided
the
sayd
records
,
yet
for
as
much
as
they
did
not
then
appere
,
he
shal
not
bee
nowe
after
liuerie
or
ouster
le
main
cast
out
of
his
possession
with
out
a
Scire
facias
to
be
pursued
against
him
,
for
so
hath
the
statut
prouided
that
was
made
at
Lincoln
in
the
29.
yere
E.
1
called
statutum
de
Escaetoribus
,
the
tenour
wherof
is
this
Ad
parliamentum
regis
apud
Lyncolne
tentum
in
octa
bis
sancti
hillarii
anno
regni
sui
vicesimo
nono
,
per
consilium
regis
concordatum
est
coram
domino
rege
,
ipso
rege
consentiente
et
illud
extunc
fieri
et
obseruari
precipiente
,
de
consilio
venerabilis
patris
w
de
langton
Couētr
et
Lychr
.
episcopi
tunc
eiusdem
regis
Thesaurarii
,
Iohannis
de
Langton
Cancellarii
et
aliorum
de
consilio
tunc
ibidem
presentium
,
et
coram
rege
,
videlicet
.
Cum
inquisiciones
per
escaetores
suos
capte
per
quecunque
breuia
Regis
in
cancellaria
ipsius
domini
regis
fuerint
retorū
,
et
per
easdem
inquisitiones
compertum
fuerit
quod
nihil
tenetur
de
ipso
domino
rege
,
per
quod
custodie
terrarum
et
ten'
huiusmodi
ratione
inquisitionis
in
manum
domini
regis
per
ipsos
escaetores
capte
ad
ipsum
dominum
regem
nullo
modo
pertineant
:
quod
statim
&
absque
dilatione
aliqua
mandetur
per
breue
domini
regis
de
cancellar'
precipiend'
quod
escaetores
de
terris
&
tenementis
sic
in
manum
domini
regis
per
ipsos
captis
manum
suam
amoueant
omnino
,
&
exitus
si
quos
leuauerint
de
ipsis
terris
et
tenementis
sic
in
manum
domini
regis
ꝑ
ipsos
captis
de
tempore
quo
terre
&
ten'
illa
in
manu
domini
regis
exti
terint
,
integre
reddant
ipsi
vel
ipsis
cui
vel
quibus
per
inquisitiones
prius
per
eosdem
escaetores
captas
compertum
fuerit
quod
terra
et
tenementa
illa
debeant
remanere
,
saluo
semper
domino
regi
,
quod
si
postquam
escaetores
sui
manus
amouerint
,
per
breue
ipsius
domini
regis
,
vt
predictum
est
,
ali
quid
contigerit
inueniri
in
cancellaria
vel
ad
scaccarium
,
vel
alibi
in
curia
ipsius
domini
regis
,
per
quod
custodia
terrarum
aut
ten'
eorundem
,
de
quibus
escaetores
manus
suas
amouerint
in
forma
predicta
domino
Regi
pertineant
,
quod
statim
premuniatur
ille
,
in
cuius
seisina
tenementa
predicta
fuerint
per
breue
de
cancellaria
,
quod
sit
ad
certum
diem
coram
domino
rege
,
vbicunque
.
&c.
ostens
.
si
quid
pro
se
habeat
vel
dice
re
sciat
quare
dominus
Rex
custodiam
earundem
terrarum
et
tenementorum
habere
non
debeat
,
iuxta
formam
euidentiarum
seu
memorandorum
pro
ipso
rege
compertorum
.
Et
si
venerit
,
&
pro
se
osten
dat
quare
eadem
custodia
ad
dominum
regem
non
pertineat
aut
pertinere
non
debeat
immo
quod
remanere
sibi
debeat
recedat
quietus
,
&
custodiam
suam
retineat
.
Si
autem
premonitus
non
venerit
,
vel
venerit
,
&
nihil
sciat
dicere
,
quare
rex
custodiam
illam
habe
re
non
debeat
▪
statim
resesientur
terre
&
tenementa
illa
in
manum
domini
regis
nomine
custodie
tenend
.
vsque
ad
legittimam
eratem
hered.
eorundem
,
sicut
superius
dictum
est
Et
si
compertum
fuerit
per
inquisitiones
per
escaetores
suos
factas
et
retornatas
,
quod
custodia
eorundem
terrarum
et
ten'
in
inquisitionibus
contentorum
,
et
in
manum
domini
seisitorum
domino
regi
remanere
non
debeat
,
quod
statim
mande
tur
escaetoribus
quod
manus
suas
amoueant
,
et
exitus
integre
reddant
.
&c.
Eodem
modo
si
postea
compertum
fuerit
per
euidentias
&
memoranda
in
cancellaria
aut
scaccario
vel
alibi
,
vt
predictum
est
,
quod
dominus
rex
custod'
eorum
habere
debeat
respondeatur
ipsi
domino
Regi
de
exitibus
integre
per
manus
illorum
qui
terras
,
aut
tenementa
illa
tenuerint
a
toto
tempore
,
postquam
terre
et
tenementa
illa
primò
in
manum
ipsius
domini
Regis
per
escaetores
su●●capta
fuerint
per
breuia
supradicta
,
&
iste
modus
de
cetero
obseruetur
in
cancellarie
,
non
obstante
quadam
ordinatione
nuper
per
dominum
regem
facta
de
terris
&
ten'
in
manum
suam
per
ministros
suos
capt'
&
non
liberand'
nisi
per
ipsum
dominum
regem
,
&
prout
continetur
in
quadam
diuidenda
inter
ipsum
regem
&
cancellarium
facta
.
Cuius
vna
pars
penes
cancellarium
remanet
.
Statutum
de
escaetoribus
editum
.29
.
E
.2
.
Also
a
yeare
before
the
makinge
of
this
statut
was
there
an
other
statut
made
entitled
articuli
super
cartas
which
in
the
19.
chapiter
therof
saith
in
this
wise
.
De
rescheiue
la
ou
lesche
tour
ou
le
vicont
seisont
en
le
main
le
roy
terres
la
ou
il
nad
reson
de
seiser
,
et
puis
quant
troue
est
la
non
reson
les
issues
de
mesne
temps
ount
este
ceo
en
arrere
retenus
et
nad
rendus
quant
le
roy
ad
le
main
ouste
,
voet
le
roy
que
desormes
la
ou
terres
sont
issint
seisies
et
puis
le
main
ouste
pur
ceo
que
il
ny
ad
raison
de
seiser
ne
tenir
soient
les
issues
pleinment
rendus
a
celuy
a
qui
la
terre
demurt
et
auoit
le
dam̄
resceu
.
By
this
statute
it
plainly
appereth
how
that
before
the
making
therof
there
was
no
ouster
le
main
graunted
vna
cum
exitibus
although
it
might
neuer
so
plainly
appere
that
the
kinge
had
no
cause
to
seise
.
Howbeit
that
mischief
is
now
remedied
by
both
these
statutes
.
Also
by
the
one
of
these
statutes
.
Also
by
th
one
of
these
statutes
it
appeareth
that
the
Ouster
le
maine
in
suche
case
might
not
be
graunted
without
suinge
to
the
kinge
himselfe
,
which
is
also
remedied
by
this
statut
de
escaetoribus
,
which
statute
although
it
make
no
mencion
of
liueries
,
but
onely
of
ouster
le
maine
,
yet
lyueries
are
taken
to
bee
within
the
compasse
and
prouision
of
the
same
.
And
where
the
letter
goeth
onelye
to
the
cases
where
the
kinge
seiseth
before
office
,
Ouster
le
maine
makinge
no
mencion
of
an
Ouster
le
maine
to
be
graunted
vppon
anye
peticion
,
trauerse
,
or
Monstraunce
de
droit
,
as
in
deede
a
trauerse
was
not
in
vre
at
that
time
,
yet
men
by
an
equitie
extende
this
statute
de
Escaetoribus
bothe
to
the
one
and
too
the
other
,
because
the
statute
is
beneficiall
,
as
it
appeareth
9.
E.
4.
and
in
diuers
other
bookes
.
And
Yeluerton
there
saieth
that
if
after
liuerie
or
ouster
le
maine
an
office
bee
founde
whiche
entitleth
the
kinge
of
a
title
growen
vntoo
him
since
the
liuerie
or
ouster
la
maine
granted
that
in
that
case
this
statute
notwithstanding
the
kinge
may
reseise
without
a
Scire
facias
,
for
the
woordes
are
onelye
where
a
record
or
an
office
is
founde
that
maintaineth
the
title
whereby
the
kinge
first
seised
.
Howbeit
manye
holde
oppinion
againste
him
,
and
saie
that
it
was
in
the
selfe
same
mischiefe
the
statute
was
made
for
,
tamen
quere
,
for
this
statut
de
escaetoribus
shoulde
seeme
to
be
meant
onely
to
remedy
that
the
was
a
mischief
at
comon
law
before
the
making
of
the
said
statut
,
as
where
there
was
no
record
found
at
the
time
of
the
liuerie
or
ouster
le
maine
sued
to
let
or
hinder
the
partie
from
suynge
of
theire
saide
liuerie
or
ouster
le
maine
,
but
afterwardes
was
there
found
such
a
record
,
now
this
notwithstandinge
would
the
king
reseise
&
putt
the
partie
from
his
possession
without
answer
or
any
proces
sued
against
him
,
wherupon
he
might
answer
&
so
driue
him
to
sue
by
peticion
&
make
him
render
all
the
mene
profite
,
which
was
a
greate
mischiefe
&
hinderance
to
the
partie
,
for
remedie
whereof
this
statut
was
made
:
but
the
like
mischiefe
or
hinderance
is
not
where
the
kinge
is
entitled
by
a
title
growen
since
the
liuerie
or
ouster
le
maine
,
for
here
the
partie
shall
not
aunswere
the
profites
but
from
the
time
of
this
title
growen
.
And
also
the
kyng
doth
him
no
wronge
,
for
it
standes
with
and
affirmes
the
liuery
or
ouster
le
maine
,
&
the
king
thereby
makes
not
that
party
an
intrudor
as
he
doth
in
the
other
case
,
&
if
the
said
Yeluertons
opinion
should
not
be
lawe
,
they
woulde
make
that
the
kinge
could
not
seise
vpon
an
alienacion
without
licence
made
and
found
by
office
since
the
liuerie
or
ouster
le
maine
sued
,
which
were
no
reson
,
&
therefore
I
think
the
saide
Yeluertons
opinion
should
preuaile
in
this
case
.
And
to
the
same
intente
&
effect
be
those
bookes
that
I
can
fynd
,
for
I
can
finde
no
Scire
facias
sued
but
in
cases
of
a
title
growen
before
the
liueries
or
ouster
le
maine
:
&
therefore
in
a
Scire
facias
sued
vpon
this
statute
against
the
party
that
had
liuerie
or
ouster
le
maine
beeing
tenant
of
the
land
at
the
time
of
Scire
facias
sued
he
was
den●ed
in
the
selfe
same
plight
&
course
against
the
king
as
he
was
at
time
of
the
suing
of
his
liuerie
or
ouster
le
main
:
for
where
he
had
made
a
feffement
by
licence
&
taken
an
estate
againe
iointly
to
him
&
other
,
yet
this
scire
facias
dyd
lye
against
him
soly
&
did
not
abate
,
for
the
iointenauntes
.
So
was
it
aiudged
in
a
scire
facias
sued
vpon
this
statute
the
the
partie
must
maintaine
the
title
,
whereby
he
hath
liuery
or
ouster
le
maine
,
&
must
maintaine
it
so
that
it
is
&
was
a
good
title
&
sufficient
to
haue
liuerie
vpon
,
notwithstanding
any
recorde
that
is
now
found
,
as
take
the
case
to
bee
this
,
one
hath
liuerie
as
sole
daughter
&
heire
,
&
after
by
office
it
is
founde
that
she
hath
a
sister
,
which
ought
to
haue
had
liueri
with
her
,
wherupon
a
scire
facias
is
sued
against
the
partye
that
had
liuerie
,
to
come
&
shew
why
the
land
should
not
bee
reseised
,
if
she
come
&
will
saye
that
they
be
daughters
by
seueral
ventres
,
&
that
this
lande
was
geeuen
to
her
father
&
mother
in
speciall
taile
,
&
so
ought
shee
to
haue
the
liuere
as
she
had
,
the
is
to
say
soly
,
this
plea
wil
not
serue
her
,
because
it
doth
not
mainteine
the
liuerie
:
for
how
could
she
haue
had
liuerie
soly
,
vnlesse
this
matter
had
bene
so
found
by
office
.
For
if
this
second
office
had
appeared
before
the
liuerie
,
she
coulde
not
haue
trauersed
it
,
vnlesse
she
had
made
title
,
and
then
title
can
shee
neuer
make
againste
the
kynge
as
heyre
vnlesse
the
saide
title
bee
firste
founde
by
office
.
Wherfore
no
more
than
she
might
trauerse
the
said
office
if
it
had
bene
found
before
liuerie
,
ouster
le
maine
.
Also
in
the
new
Natura
breuium
fo.
26●
.
and
in
.5
.
ouster
le
maine
,
and
not
vpon
any
that
affirmes
it
,
whereby
I
suppose
that
yeluertons
opinion
is
lawe
as
is
beefore
declared
.
And
it
semes
that
by
this
statute
the
king
must
sue
a
scire
facias
al
though
the
recorde
or
title
that
is
found
for
him
bee
founde
within
a
yere
after
liueri
or
ouster
le
maine
sued
.
And
lerne
whether
Assise
lye
against
the
eschetour
that
sesseth
without
a
scire
facias
in
cases
where
a
scire
facias
should
be
sued
.
For
by
the
sta.
of
W.
1.
ca.
24.
assise
lieth
against
him
in
cases
wher
he
seiseth
anye
landes
by
colour
of
his
office
without
speciall
warrant
or
commaundement
or
certeine
authoritie
that
be
longeth
to
his
office
so
to
doe
.
And
learne
whether
the
king
by
that
seisure
hath
any
possession
,
for
if
the
king
seise
without
a
scire
facias
where
he
ought
to
sue
a
scire
facias
,
the
partie
hath
no
remedy
but
to
sue
vnto
him
by
peticion
euen
as
he
should
do
if
his
highnes
had
seised
any
other
lands
of
his
without
cause
.
Howbeit
the
king
by
such
a
reseiser
vndoeth
not
the
parties
possession
,
so
that
he
shal
bee
saide
an
entruder
from
the
time
of
the
liuerie
or
ouster
le
maine
sued
as
it
doth
in
case
the
reseiser
had
bene
vpon
a
scire
facias
,
wherfore
in
such
case
although
the
partie
cannot
be
suffred
to
recouer
his
possession
againe
by
entrie
vppon
the
king
,
yet
when
the
kinge
graunts
it
ouer
,
he
may
now
enter
or
haue
assise
,
ouster
le
maine
or
anye
other
claiming
by
them
.
For
if
after
liuerie
on
ouster
le
maine
sued
a
stranger
by
an
eigne
title
in
disaffirmyng
the
tenants
interest
enter
as
heire
vpon
him
,
or
recouer
by
assise
of
mordauncester
or
any
other
accion
auncestrell
against
him
&
is
entred
into
the
land
as
heire
,
nowe
because
the
landes
are
holden
of
the
king
in
chiefe
,
his
highnes
may
seise
the
saide
land
for
primer
seisine
or
title
of
Wardshippe
as
the
case
doth
require
without
any
scire
facias
,
Issues
mesne
NOte
that
if
the
king
haue
a
title
,
right
or
interest
to
any
lands
or
tenements
,
his
highnes
when
he
seiseth
shal
be
aunswered
of
all
the
mesne
issues
and
profites
from
the
time
of
his
sayd
title
,
right
,
or
interest
growen
,
and
whether
it
be
a
right
of
entre
or
title
of
entre
it
maketh
no
diuersitie
in
the
kinges
case
,
as
for
an
example
,
the
king
entreth
for
a
condition
broken
,
his
highnes
shal
be
answered
of
all
the
issues
and
profites
sins
the
condicion
broken
,
and
yet
in
that
case
a
common
person
shal
not
haue
the
issues
and
profites
but
from
the
time
of
his
entrie
.
Like
law
is
it
if
the
kinges
tenaunt
a●en
in
mortmain
,
and
the
kinge
entreth
,
but
otherwise
it
is
if
he
entre
for
mortmain
in
lands
not
holden
of
him
vpon
a
title
deuolued
vntoo
his
highnes
in
defaut
of
other
lords
.
And
these
cases
appere
H.
19.
et
41.
E.
3.
fo.
21.
¶
Some
tymes
the
kynge
recou●eth
of
the
issue
in
the
allowance
of
an
estraunge
tytle
,
as
yf
the
husband
beynge
the
kynges
tenant
vpon
a
false
suggestion
purchaseth
lycence
to
alien
&
to
take
estate
to
him
&
to
his
wife
,
&
so
doth
,
&
afterward
dyeth
,
the
wife
holdeth
her
in
by
title
of
Suruiuor
&
occupieth
,
nowe
vpon
a
Scire
facias
against
the
wife
,
his
highnes
shal
bee
answered
of
all
the
meane
issues
since
her
occupiynge
of
the
ii
.
parts
of
the
land
,
and
the
thyrd
part
he
recopeth
and
alloweth
for
her
dower
.40
.
li.
Ass.
P.
36.
¶
Note
that
in
a
writ
of
disceit
vpon
a
recouery
in
a
Preeipe
quod
reddat
of
land
where
the
proces
was
a
grand
Cape
,
graunde
Cape
,
and
the
shirife
accomptable
of
them
.
quod
vide
titulo
disceit
in
Fitz
P.
33.
46.
7.
32.
Contrarie
lawe
is
it
if
there
lie
no
grand
Cape
in
the
action
,
as
if
the
recouerie
be
in
a
Scire
facias
,
as
it
appereth
titulo
Disceit
in
Fitz
P.
36.
&
27.
Finis