THE
PREAMBLE
.
FIRST
,
before
I
write
of
the
Order
of
Courts
Leets
,
Courts
Barons
,
you
ought
to
consider
for
what
cause
the
King
was
ordained
of
God
.
Secondly
,
For
what
cause
the
Law
was
ordained
.
Thirdly
,
How
ancient
these
Courts
are
,
and
for
what
causes
and
matters
they
were
ordained
;
and
also
how
necessary
it
is
,
that
the
Law
be
duely
and
truely
administred
in
these
Courts
.
And
first
,
Fortescue
,
leafe
the
30.
saith
,
As
a
naturall
body
cannot
be
without
a
head
,
so
a
Realme
cannot
be
governed
without
a
head
,
which
is
the
King
:
And
there
he
further
saith
,
That
whensoever
of
many
,
one
is
constituted
amongst
them
,
one
shall
be
Governour
,
and
the
rest
shall
be
governed
.
Britton
,
leafe
the
1.
saith
,
The
King
is
ordained
of
God
,
that
the
Peace
be
kept
;
the
which
cannot
be
well
without
Law
.
And
Fortescue
also
saith
,
All
power
is
of
our
Lord
God
.
Bracton
saith
also
,
That
the
King
is
Gods
Vicar
upon
Earth
,
to
seperate
right
from
wrong
,
Justice
from
Injustice
,
that
all
which
are
Subjects
to
him
should
live
honestly
,
and
none
should
hurt
another
;
but
that
to
every
man
which
is
his
owne
by
a
rightfull
contribution
should
be
given
;
for
he
is
called
King
by
well
Governing
.
Stamford
,
leafe
the
first
,
saith
,
The
King
is
the
preserver
,
nourisher
,
and
Defender
of
all
his
people
,
and
that
by
his
great
travell
,
study
,
and
labour
,
his
people
onely
injoy
their
lives
,
Lands
,
and
Goods
:
But
all
those
which
they
have
in
peace
and
tranquility
,
and
that
by
the
Law
.
And
as
the
body
of
a
man
cannot
live
without
the
head
,
but
will
fall
downe
unto
the
ground
;
so
the
Common-wealth
cannot
be
governed
without
a
head
,
which
is
the
King
.
Also
Seneca
saith
,
Where
there
is
not
a
Governour
,
there
the
people
will
be
confounded
,
Prov.
Chap.
11.
Where
there
is
not
a
Governour
,
the
people
goe
to
ruine
,
Rom.
chap.
13.
There
is
no
power
but
of
God
;
and
which
are
the
true
Powers
,
are
ordained
of
God
.
The
Person
of
the
King
,
and
the
Queen
his
Wife
.
By
the
Commentaries
,
leafe
the
45.
By
the
7.
of
Edw.
2.34
.
The
King
is
a
Corporation
.
See
1
H.
7.
leafe
10.21
Edw.
4.
Title
Age
,
it
is
no
Plea
that
the
King
is
within
Age
,
1
Edw.
6.
title
373.
the
King
shall
have
his
Age
as
Duke
of
Lancaster
,
and
not
as
King
,
by
the
Commentaries
,
leafe
213.
See
Stamford
10.
If
the
King
grant
a
Lordship
to
one
in
Fee
,
the
Grantee
shall
not
have
his
Prerogative
,
but
if
he
grant
that
for
life
to
the
Queen
and
Prince
,
that
remaineth
in
the
King
;
and
for
that
the
Queen
and
Prince
shall
have
Prerogative
;
and
though
that
the
Queen
is
a
person
exempt
from
the
King
,
and
may
sue
and
be
sued
in
her
owne
name
;
yet
that
which
shee
hath
is
the
Kings
,
1
H.
7.
leafe
29.
where
a
Reversion
was
to
the
Queen
;
Ayd
shall
be
of
the
King
by
Townsend
,
and
by
some
of
both
the
Benches
.
Stamford
,
75.
Petition
shall
be
to
the
King
himselfe
onely
,
and
not
to
the
Queen
or
Prince
.
3.
H.
7.
leafe
14.
The
Queen
is
as
a
common
person
,
and
as
a
Woman
alone
,
to
let
for
life
,
and
to
make
personall
things
.
11.
H.
7.
leafe
7.
The
King
letteth
to
the
Queen
for
life
,
and
shee
leaseth
at
will
:
In
Trespas
against
the
Tenant
at
will
,
he
shall
not
have
aide
of
the
King
,
for
he
is
a
stranger
to
the
Patent
of
the
King
,
7.
H.
7.
leafe
,
17.
18.
Edw.
3.
leafe
the
first
,
Phillip
,
the
Queen
,
brought
a
Quare
impedit
,
and
held
that
the
Queen
may
bring
a
Writ
in
her
owne
Name
,
and
shall
finde
no
pledges
,
and
for
that
it
shall
not
be
in
the
Writ
,
Vnde
,
&c.
20
Edw.
4.
leafe
1.
Fitzherbert
,
101.
21.
Of
the
Book
of
Assises
,
13.
the
sayd
Phillip
brought
Deceit
of
a
Fine
levyed
by
Tenants
in
ancient
Demesne
at
the
Common
Law
.
19.
Edw.
4.
leafe
2.
J.
B.
granteth
to
the
Queen
,
the
next
Advowson
of
the
Church
of
Dale
,
and
shee
alone
of
that
bringeth
her
Quare
Impedit
.
49.
Edw.
3.
leafe
4.
The
King
may
give
to
the
Queen
for
her
life
,
and
shee
may
have
an
action
alone
,
and
so
cannot
another
marryed
Wife
.
The
Law
.
And
for
that
,
that
it
is
necessary
and
expedient
to
shew
for
what
causes
the
Lawes
were
ordained
,
Fortescue
,
leafe
31.
saith
,
That
as
by
Senews
the
compact
of
the
body
is
knit
together
,
so
by
Law
(
which
of
binding
is
so
called
)
this
mysticall
body
is
bound
together
,
and
kept
in
one
:
And
Plowden
,
leafe
9.
b.
saith
,
The
Law
is
appointed
to
the
King
to
governe
his
people
,
and
that
by
three
Lawes
,
that
is
to
say
,
Generall
Law
,
Customes
,
and
Statutes
:
In
Matth.
chap.
22.
it
is
written
,
That
Christ
sent
forth
his
Servants
that
they
should
call
to
the
Wedding
;
that
is
to
say
,
He
sent
his
Prophets
and
Preachers
,
and
they
would
not
come
;
and
there
it
is
sayd
,
That
he
againe
sent
out
other
Servants
,
saying
,
Goe
and
invite
,
and
that
is
intended
our
Law
,
which
commands
,
constraines
,
and
bridles
us
to
come
to
God
,
and
to
feare
and
obey
,
God
and
the
King
,
and
to
keep
us
in
Peace
,
and
to
make
that
every
one
may
hold
in
peace
and
tranquility
,
his
Goods
,
Lands
,
and
lives
,
and
all
that
we
have
.
Heraclites
saith
,
That
without
Lawes
,
by
no
meanes
a
City
can
be
in
safety
,
but
without
Walls
it
may
:
And
Fortescue
,
leafe
10.
saith
,
That
thou
mayst
feare
God
,
the
Lawes
call
thee
,
and
in
leafe
11.
That
humane
Lawes
are
no
other
then
Rules
,
by
which
Justice
is
taught
.
The
Prophet
David
saith
,
Where
there
is
no
Order
,
there
everlasting
horror
doth
dwell
;
and
without
Law
there
can
be
no
Order
;
See
Saint
Germaine
,
leafe
7.
saying
,
Law
is
ordained
for
the
salvation
of
the
Soule
,
and
for
to
fulfill
the
Lawes
of
God
,
and
to
draw
the
people
to
flie
evill
and
to
doe
good
;
And
see
in
the
Doctor
and
Student
,
leafe
8.
the
six
grounds
of
the
Law
.
First
,
Our
Law
is
grounded
upon
common
reason
.
Secondly
,
Upon
the
Law
of
God
.
Thirdly
,
Upon
diverse
generall
Customes
.
Fourthly
,
Upon
diverse
Maxims
.
Fifthly
,
Upon
diverse
particular
Customes
.
And
sixthly
,
Upon
diverse
Statutes
:
And
for
that
the
Law
is
more
necessary
for
Government
.
Bracton
saith
,
The
Law
maketh
the
King
;
let
the
King
therefore
attribute
unto
the
Law
,
that
which
the
Law
hath
given
unto
him
;
that
is
to
say
,
Dominion
and
Power
;
he
is
not
truely
King
,
where
will
doth
rule
and
not
Law
.
And
Fortescue
,
fol.
8.
saith
,
The
Law
is
a
sanctified
holinesse
,
commanding
holy
things
,
and
forbidding
the
contrary
;
and
likewise
,
fol.
9.
saith
,
That
Lawes
made
by
man
,
which
to
this
doth
receive
power
of
God
,
and
they
are
likewise
constituted
by
God
.
Plowden
,
fol.
55.
b.
As
Subjects
of
the
King
are
borne
and
inherite
Lands
,
so
to
inherite
Lawes
;
so
that
Lawes
being
the
Inheritance
of
the
People
,
the
Stewards
cannot
by
Letters
,
or
otherwise
,
gainsay
nor
take
from
the
Tenants
the
Law
.
By
the
Commentaries
,
fol.
229.
Saxon
Law
was
,
that
the
eldest
Son
should
inherite
;
and
Brittons
Law
was
Gavelkinde
,
as
in
Kent
and
North-wales
.
By
the
Commentaries
,
fol.
18.
Words
of
Law
may
be
broken
for
necessity
,
as
in
the
case
of
Revenger
,
14.
H.
7.29
.
7.
H.
7.
fol.
7.
If
a
Prisoner
be
in
Famine
,
and
hath
not
sustenance
,
if
he
breake
Prison
,
it
seemeth
not
to
be
Felony
;
for
the
Law
of
God
was
ordained
to
call
us
,
and
if
we
will
not
come
,
then
our
Law
,
to
bridle
us
sharply
to
come
to
God
;
and
our
Law
hath
regard
to
necessity
and
charity
;
and
for
that
,
20.
H.
7.
fol.
2.
where
a
marryed
Wife
is
throwne
,
or
struck
with
a
Horse
,
or
is
in
sicknesse
,
one
may
assist
her
,
and
give
her
meat
and
drink
.
20.
H.
7.
One
administers
about
a
buriall
,
that
is
no
Administration
,
for
it
is
a
work
of
charity
.
Doctor
and
Student
,
fol.
4.
Beasts
have
certaine
rule
given
to
them
by
nature
,
necessary
for
their
being
,
but
the
Law
of
Nature
and
Reason
moveth
a
man
to
good
,
and
is
written
in
the
heart
of
every
man
,
to
move
him
what
is
good
to
be
done
,
and
what
is
to
be
avoided
.
The
Law
of
God
is
given
by
Revelation
,
and
light
of
understanding
,
and
there
the
Law
of
God
ordaines
man
to
eternall
life
,
and
is
Law
to
the
happinesse
of
this
life
;
and
this
Law
is
to
doe
as
you
would
be
done
unto
,
and
this
Law
will
that
Justice
be
done
to
every
man
,
and
that
no
wrong
be
done
.
Doctor
and
Student
,
fol.
2.
There
are
foure
manner
of
Lawes
,
that
is
to
say
,
The
eternall
Law
of
nature
,
and
Reason
,
the
Law
of
God
,
and
the
Law
of
Man
.
By
Marlebridge
,
Chap.
1.
it
is
enacted
,
That
as
well
the
greatest
as
the
smallest
,
should
have
and
receive
Justice
in
the
Kings
Court
,
and
that
none
of
another
,
revenges
or
destructions
should
make
by
his
will
,
without
consideration
of
the
Kings
Court.
Westminster
the
1.
Chap.
1.
Common
Right
should
be
made
to
all
,
as
well
to
Poore
as
to
Rich
,
without
regard
of
any
:
See
Stamford
,
fol.
56.
of
Justice
.
2
Edw.
3.
cap.
9.
No
command
,
either
by
the
great
Seal
,
or
Privy
Seale
,
to
disturbe
or
delay
common
right
.
And
for
so
much
,
the
Justices
should
not
forbeare
to
doe
right
in
any
point
.
18
Edw.
3.
The
Statute
of
the
Oath
of
the
Judges
,
is
,
If
any
Letters
to
the
Justices
come
contrary
to
the
Law
,
that
you
shall
doe
nothing
for
such
Letters
,
but
certifie
the
King
of
it
,
and
resolve
before
to
execute
the
Law
,
notwithstanding
those
Letters
.
And
to
conclude
of
these
matters
,
You
ought
to
consider
,
that
God
created
Man
,
onely
to
serve
him
,
and
created
all
other
creatures
in
the
World
,
for
the
service
and
use
of
Man
;
as
the
Prophet
saith
,
Thou
hast
subjected
all
things
under
his
feet
,
all
Sheep
and
Oxen
,
and
likewise
the
Beasts
of
the
Feild
,
Birds
of
the
Aire
,
and
Fishes
of
the
Sea
,
which
walke
through
the
paths
of
the
Sea
;
so
that
all
was
made
for
the
use
of
Man
,
and
yet
without
Law
a
man
cannot
injoy
that
;
and
God
being
mindfull
of
Man
,
to
serve
him
as
the
Prophet
saith
,
What
is
Man
that
thou
art
mindfull
of
him
,
or
the
Son
of
Man
,
that
thou
hast
regard
unto
him
:
And
for
that
God
hath
ordained
Kings
to
governe
,
and
to
keep
men
in
obedience
,
to
serve
and
obey
God
,
the
King
,
and
his
Lawes
,
for
to
disobey
is
detestable
:
And
Paul
to
the
Romans
,
Chap.
13.
saith
,
Every
soule
is
subject
to
the
higher
powers
,
for
there
is
no
power
but
of
God
,
which
powers
verily
are
ordained
by
God
;
so
that
whosoever
resisteth
that
power
doth
resist
the
Ordinance
of
God
:
And
Peter
,
Chap.
2.
saith
,
Be
subject
to
every
humane
Creature
,
for
the
Lord
,
and
to
the
King
as
Saperiour
.
And
then
for
that
,
that
the
King
is
ordained
of
God
,
to
make
his
people
to
serve
God
,
and
to
keep
his
people
in
obedience
:
If
you
disobey
the
King
,
you
breake
that
which
is
commanded
contrary
in
the
Scriptures
,
and
so
you
disobey
God
:
And
you
see
that
if
God
had
not
been
mindfull
of
us
,
and
had
not
created
and
ordained
the
King
to
governe
us
(
being
of
fraile
nature
)
and
that
by
Lawes
to
bridle
our
fraile
nature
,
none
could
enjoy
his
Lands
,
Goods
,
nor
his
life
in
safety
:
And
for
that
,
that
the
Law
is
so
necessary
.
Now
let
us
see
when
,
and
how
,
these
Courts
Leets
,
and
Court
Barons
began
.
Fineux
,
The
view
of
franke
pledge
,
for
that
the
King
there
may
be
certified
by
the
view
of
the
Steward
,
how
many
people
are
within
every
Leet
;
and
also
to
have
account
and
view
by
the
Steward
,
of
their
good
government
and
manners
in
every
Leet
:
And
also
the
Leet
was
ordained
to
have
every
person
,
of
the
age
of
twelve
years
,
which
had
remained
there
by
a
yeare
and
a
day
,
to
be
sworne
to
be
faithfull
and
loyall
to
the
King
;
and
also
for
that
,
that
the
people
there
might
be
kept
in
peace
and
obedience
,
these
Courts
Leets
were
ordained
.
And
Court-Barons
were
ordained
to
determine
Injuries
,
And
now
for
that
these
Courts
are
held
within
Mannors
,
and
that
a
Court-Baron
is
incident
to
a
Mannor
;
It
is
fit
to
know
how
Mannors
did
begin
,
and
within
what
Mannors
Court-Barons
are
held
,
and
in
what
not
.
Parkins
,
fol.
127.
saith
,
That
the
beginning
of
Mannors
was
when
the
King
gave
a
thousand
Acres
of
Land
,
or
a
greater
or
lesser
parcel
to
one
and
his
heires
,
to
hold
of
him
and
his
heirs
:
and
before
the
St.
of
Quia
emptores
terrarum
(
because
buyers
of
Land
)
one
seised
of
Lands
did
infeoffe
one
of
ten
Acres
,
another
of
twelve
Acres
,
and
the
third
of
twenty
Acres
,
every
one
of
them
to
make
service
unto
him
;
and
so
by
continuance
of
time
out
of
minde
,
&c.
he
had
a
Mannor
.
Also
in
the
33.
yeare
of
H.
8.
Comprize
,
&c.
31.
Plow
.
fol.
169.
a.
A
man
cannot
make
a
Mannor
at
this
day
,
for
notwithstanding
,
that
a
gift
in
taile
be
made
to
diverse
,
to
hold
of
the
giver
by
Services
and
Suit
of
Court
,
though
by
that
there
be
a
tenure
,
yet
it
cannot
make
a
Court
,
for
that
cannot
be
but
by
Prescription
:
And
if
a
Mannor
be
,
and
all
the
Freeholders
but
one
Escheate
,
Fitzherbert
,
3.
C.
If
one
hold
of
another
,
as
of
a
Signiory
Ingrosse
,
which
is
not
a
Mannor
,
he
hath
no
Court
Baron
.
Fitzherbert
,
8.
b.
Where
a
man
giveth
all
his
Land
in
Taile
,
there
is
a
Signiorie
Ingrosse
,
and
he
shall
have
no
Court
;
but
if
he
were
seised
of
a
Mannor
,
and
give
parcell
of
the
Demesnes
in
taile
,
it
is
otherwise
.
22.
H.
6.
Title
2.
Services
is
parcell
of
a
Mannor
,
but
not
the
Land
of
the
Mannor
,
unlesse
it
be
Copihold
,
for
if
a
man
hath
a
Mannor
in
the
County
of
Westmerland
,
and
one
holdeth
Land
of
that
Mannor
,
which
Land
is
in
the
County
of
DARBY
,
hee
shall
demand
that
Mannor
in
the
Counties
of
WESTMERLAND
,
and
DARBY
.
18.
of
the
Booke
of
Assises
,
3.
If
a
man
seised
of
a
Mannor
,
doe
alien
foure
Acres
in
fee
,
this
is
separated
,
and
no
part
of
the
Mannor
;
but
if
the
Husband
seised
of
a
Mannor
in
right
of
his
Wife
:
alien
foure
Acres
for
life
,
and
afterwards
grant
the
Reversion
of
that
in
fee
to
P.
and
afterwards
P.
purchase
the
whole
Mannor
,
to
which
the
Husband
and
Wife
levie
a
Fine
,
And
in
the
36.
H.
8.4
.
Two
Coparceners
make
partition
of
a
Mannor
,
so
that
each
of
these
have
a
parcell
in
Demesnes
,
and
a
parcell
in
Services
:
Now
each
of
these
hath
a
Mannor
,
and
each
of
these
have
two
Suitors
,
but
otherwise
it
is
if
one
have
but
one
Suitor
,
he
cannot
hold
a
Court-Baron
:
But
12.
H.
4.25
.
Partition
is
made
of
a
Mannor
,
that
one
Coparcener
shall
have
the
Demesnes
and
the
other
the
Services
,
the
Suit
to
the
Court
is
suspended
,
and
during
that
there
shall
be
no
Court-Baron
held
:
And
8.
H.
3.4
.
and
34.
H.
6.53
.
It
is
held
that
a
Court-Baron
is
belonging
to
a
Mannor
of
common
right
,
so
that
within
every
Mannor
shall
be
a
Court-Baron
,
unlesse
there
be
no
Suitors
there
,
or
that
by
partition
the
Suit
is
suspended
,
as
it
is
before
said
:
But
note
that
diverse
are
called
Mannors
,
within
which
are
not
any
that
hold
of
these
Mannors
,
but
only
Copiholders
at
the
will
of
the
Lord
,
according
to
the
Custome
of
the
Mannor
,
and
there
are
no
Freeholders
which
hold
by
Charter
;
and
yet
these
Lordships
are
called
Mannors
,
and
in
these
are
Court-Barons
,
19.
H.
8.17
.
Court-Baron
is
belonging
to
a
Mannor
.
And
now
though
the
honourable
Judges
of
both
Benches
,
and
the
Honourable
Lord
cheife
Baron
,
and
the
other
Judges
there
of
Record
,
at
this
day
are
altogether
given
to
administer
Justice
to
all
,
without
respect
of
any
Persons
,
Who
worketh
Justice
,
he
shall
be
advanced
.
Eccles.
20.
Blessed
are
they
which
hunger
and
thirst
for
Justice
,
for
they
shall
be
satisfied
,
Matth.
16.
Justice
advanceth
a
Nation
,
and
it
maketh
a
miserable
people
to
be
pacified
,
Prov.
19.
He
that
justifieth
a
wicked
man
,
and
condemneth
the
just
man
,
he
is
most
abominable
with
God
,
Pro.
17.15
.
Unless
your
Justice
abound
more
then
that
of
the
Scribes
and
Pharisees
,
you
cannot
enter
into
the
Kingdome
of
Heaven
,
Matth.
18.
The
soules
of
the
Just
are
in
the
hands
of
God
,
Wisedome
.
In
the
streight
path
of
Justice
,
but
the
contrary
way
leadeth
to
death
,
Prov.
12.
Love
God
,
and
thy
neighbour
as
thy selfe
,
then
if
you
doe
not
Justice
,
how
doe
you
love
him
,
who
is
Justice
and
truth
,
and
how
doe
you
love
your
neighbour
as
your selfe
,
Matth.
22.
Justice
surely
is
immortall
and
everlasting
,
Injustice
is
the
wages
of
death
;
love
Justice
you
that
Judge
the
Earth
,
Wisedome
1.
Riches
doe
not
prevaile
in
the
day
of
revenge
,
but
Justice
shall
free
from
death
,
Prov.
2.
God
shall
give
to
the
Just
the
reward
of
their
labours
,
Wisedome
10.
And
if
any
love
Justice
,
his
labours
have
great
vertues
,
sobriety
and
vertue
,
then
which
there
is
nothing
more
profitable
in
this
life
to
men
,
Wisedome
1.
Nothing
truely
can
be
honest
,
which
wanteth
Justice
,
Tully
in
his
Offices
.
From
Justice
,
as
out
of
a
certaine
Fountaine
,
all
rights
doe
spring
,
for
a
just
man
hath
a
will
to
give
to
every
man
his
owne
,
Bracton
.
Another
Cause
of
doing
Justice
.
It
is
appointed
for
all
men
once
to
dye
,
and
afterwards
to
come
to
Justice
:
And
as
Athanasius
saith
,
At
whose
comming
all
men
shall
rise
with
their
bodies
,
and
shall
give
a
reason
and
account
of
their
owne
workes
,
and
they
that
have
done
good
shall
goe
into
life
everlasting
,
but
they
that
have
done
evill
into
everlasting
fire
.
What
men
have
done
this
present
time
of
life
,
Shall
reap
the
Harvest
,
when
Goe
and
Come
is
rise
,
Rev.
14.
Blessed
are
the
dead
which
dye
in
the
Lord
,
for
their
workes
follow
them
.
Corinth
.
1.
Chap.
3.
Every
one
shall
receive
his
reward
according
to
his
worke
.
2
Corinth
.
4.
Who
soweth
in
blessednesse
shall
reape
in
blessednesse
;
if
Christ
had
not
been
borne
of
the
Virgin
Mary
,
and
dyed
for
us
,
no
man
could
have
come
to
eternall
life
;
therefore
beleeve
and
doe
Justice
,
and
then
shall
yee
have
the
aforesaid
thing
promised
.
And
note
,
That
though
Christ
hath
redeemed
us
,
yet
if
we
doe
evill
,
it
is
written
,
We
shall
goe
into
everlasting
fire
;
and
for
that
,
obey
and
feare
to
breake
the
Commandements
of
God
:
and
then
,
in
doing
of
Justice
,
you
doe
the
Commandement
of
God
,
for
which
you
shall
have
the
thing
promised
;
that
is
to
say
,
Eternall
life
;
for
not
all
which
say
unto
me
,
Lord
,
Lord
,
shall
enter
into
the
Kingdome
of
Heaven
,
but
those
that
doe
the
will
of
the
Father
,
saith
Saint
John
:
Therefore
if
you
will
have
eternall
life
,
doe
Justice
,
and
also
remember
that
death
doth
not
delay
,
no
man
knoweth
his
day
;
and
therefore
prepare
your
life
,
and
doe
Justice
,
because
no
man
knoweth
his
end
;
and
as
Fishes
are
taken
with
a
hook
,
and
Birds
taken
with
a
Snare
,
so
the
body
of
a
man
in
the
day
of
evill
.
The
third
Cause
of
doing
Justice
is
to
have
a
good
Report
.
Have
a
care
of
a
good
name
.
It
is
better
to
have
a
good
name
then
much
Riches
.
Cursed
is
the
man
that
neglecteth
his
good
Name
.
It
is
better
to
have
a
good
Name
then
precious
Oyntments
;
and
to
conclude
,
he
saith
,
What
profiteth
,
If
you
shall
gaine
the
whole
World
,
if
you
shall
loose
your
owne
soule
.
First
,
the
Steward
shall
make
a
Precept
to
warne
the
Court
by
reasonable
warning
,
as
by
six
or
more
dayes
,
as
followeth
;
and
it
is
the
better
,
if
it
be
by
fifteene
dayes
,
according
to
the
common
dayes
in
the
Bench.
The
Precept
.
J.
K.
Steward
to
the
Bayliffe
thereof
,
health
;
England
,
France
,
and
Ireland
,
Defender
of
the
Faith
,
&c.
21.
Then
enter
your
beginning
of
your
Court-Rollin
manner
following
.
The
view
of
Frankpledge
with
the
Court
,
J.
F.
England
,
France
,
and
Ireland
,
Defender
of
the
Faith
,
&c.
the
21.
held
by
J.
K.
the
Steward
there
.
It
is
good
to
make
this
entry
,
that
is
to
say
,
Held
by
J.
K.
Steward
there
:
If
there
be
any
Copiholders
there
,
for
that
the
Name
of
the
Steward
is
in
the
Copy
to
the
admittance
;
then
after
this
entry
the
Steward
shall
cause
the
Bayliffe
to
make
Oyes
,
three
times
,
if
it
be
a
Leet
,
for
this
is
the
Kings
Court
,
though
the
other
hath
that
by
Grant
,
or
by
Prescription
.
In
the
yeare
21.
Edw.
4.
fol.
37.
is
,
that
where
either
adjournment
of
the
Terme
,
or
other
matter
for
the
King
,
B.
Proclamation
6.
is
:
There
at
the
beginning
there
shall
be
three
Proclamations
made
,
and
in
all
other
matters
which
are
not
for
the
King
,
but
one
Proclamation
;
and
for
that
at
the
beginning
in
the
Court-Baron
shall
be
but
one
Proclamation
;
and
in
Court
Leet
(
for
that
it
is
the
Kings
Court
)
shall
be
three
Proclamations
,
Scilicet
,
O
yes
three
times
shall
be
made
.
Note
that
none
may
make
Proclamation
,
but
by
authority
of
the
King
,
or
Maiors
,
and
such
like
,
where
they
have
used
it
by
Custome
,
22.
H.
6.
fol.
19.
Then
forthwith
after
the
three
Proclamations
made
,
the
Steward
shall
make
the
Bailiffe
to
say
,
All
manner
of
Persons
which
are
resident
,
or
Deciners
,
and
doe
owe
Suit
royall
to
this
Leet
,
come
in
and
make
your
Suit
,
and
answer
to
your
names
,
every
one
upon
paine
and
perill
which
shall
ensue
.
And
after
that
all
are
called
,
and
all
which
are
absent
are
marked
to
be
amerced
,
then
the
Steward
shall
cause
againe
(
if
it
be
in
a
Leete
)
to
be
made
three
other
Oyes
.
And
forthwith
after
the
three
Proclamations
made
,
the
Steward
shall
cause
the
Bailiffe
to
say
,
If
any
man
will
be
Essoyned
,
and
in
Court
Baron
,
If
any
will
be
Essoyned
,
or
enter
any
Plaint
,
come
you
in
and
you
shall
be
heard
.
And
then
the
Steward
ought
to
say
,
Essoynes
and
profer
,
of
Suit
and
Plea
three
times
,
and
in
the
end
Essoyne
for
this
day
;
and
then
the
Steward
enter
the
Essoyne
in
the
Court
Roll
,
as
it
followeth
in
the
entry
of
the
Court
Roll.
Then
after
this
the
Jury
shall
be
impannelled
,
and
first
,
one
shall
be
sworne
,
and
after
three
or
foure
together
,
and
the
Oath
shall
be
as
followeth
.
You
shall
enquire
and
faithfully
make
presentment
of
all
things
which
I
shall
give
you
in
charge
,
So
helpe
you
God
.
But
in
the
Court
Baron
there
shall
be
omitted
in
the
Oath
(
to
keep
the
Kings
counsell
)
for
that
is
no
Court
of
the
Kings
,
as
a
Leet
is
.
Note
in
the
27.
And
when
the
Foreman
of
the
Jury
for
Court
Leet
,
or
Court
Baron
is
sworne
,
three
or
foure
shall
come
to
the
Booke
together
,
and
shall
be
sworne
together
,
as
afore
is
said
.
To
which
the
Steward
shall
say
,
The
same
Oath
which
J.
S.
your
Foreman
hath
taken
of
his
part
,
you
for
your
parts
well
and
truely
shall
observe
and
keepe
,
So
helpe
you
God
;
and
so
the
rest
shall
be
sworne
by
three
or
foure
together
,
as
in
a
Leet
,
at
least
there
shall
be
twelve
sworne
.
For
6.
H.
4.
fol.
2.
is
,
The
cause
that
the
Jury
shall
be
sworne
,
is
,
That
the
end
of
all
controversie
to
confirmation
is
an
Oath
,
and
this
is
the
cause
that
the
Juries
are
sworne
,
and
not
otherwise
credited
:
And
see
Fortescue
,
fol.
54.
The
tryall
in
this
Realme
by
tryall
by
twelve
,
is
a
good
tryall
and
necessary
,
as
at
large
by
him
appeareth
.
Exhortation
to
the
Jury
.
Feare
God
and
keep
his
Commandements
,
this
concernes
every
man
;
then
I
pray
you
,
How
have
you
the
feare
of
God
?
How
doe
you
keep
his
Commandement
,
which
is
the
whole
truth
,
if
you
doe
not
regard
your
Oath
:
Remember
also
Jeremiah
,
Chap.
4.
which
saith
,
You
shall
sweare
in
truth
,
in
Judgement
,
and
in
Justice
,
and
so
remove
love
,
feare
,
hate
,
and
hope
;
that
is
to
say
,
that
you
doe
nothing
for
love
,
nor
for
feare
,
nor
for
malice
,
hatred
,
hope
of
benefit
and
gaine
,
but
to
present
justly
;
and
you
ought
to
remember
who
saith
,
Be
not
overcome
of
evill
,
but
overcome
in
good
evill
,
Saint
Paul
:
you
shall
not
receive
gifts
,
because
gifts
blind
the
eyes
.
But
you
ought
to
present
justly
,
Deut.
Chap.
16.
Woe
to
them
that
call
good
evill
,
and
evill
good
,
Isai
.
15.
Thou
shalt
not
annoint
thy
fist
,
nor
beare
false
witnesse
against
thy
neighbour
,
Exodus
.
Chap.
20.
The
lips
of
a
Lyer
,
are
an
abomination
to
the
Lord
,
Prov.
6.
It
is
just
Judgement
,
where
not
the
person
but
the
workes
are
considered
,
Plato
.
And
so
from
your
hearts
,
expell
all
affection
,
and
be
yea
mindfull
how
many
threatnings
God
hath
appointed
for
breaking
of
an
Oath
.
First
,
the
Prophet
saith
,
Thou
hatest
all
that
worke
iniquity
,
thou
destroyest
all
which
speak
a
lye
,
Dan.
5.
He
that
blasphemeth
the
name
of
the
Lord
,
shall
dye
with
the
death
,
Levit.
Chap.
14.
Thou
shall
not
live
because
thou
hast
spoken
a
lye
,
Zechariah
13.
Ananias
and
Saphira
for
a
lye
in
selling
a
Feild
,
forthwith
were
slaine
,
Acts
Chap.
5.
And
so
you
see
what
perill
and
indignation
is
from
God
,
for
not
regarding
your
Oath
,
and
to
utter
the
truth
you
shall
be
sure
to
be
the
children
of
God
,
which
is
truth
,
and
you
shall
obtaine
quietnesse
to
your selves
,
and
to
all
your
neighbours
,
and
your
Common-wealth
shall
florish
with
vertue
,
and
offendors
and
sinners
shall
be
punished
,
and
abolished
;
for
the
Leete
is
appointed
to
that
end
.
And
note
,
that
at
the
beginning
,
there
might
be
every
yeare
as
many
Leets
as
he
would
,
which
had
that
in
his
Mannor
.
And
after
that
Leets
were
ordained
to
be
held
but
twice
in
the
yeare
,
Rastal
,
County
,
&c.
2.
by
the
Statute
of
Magna
Charta
,
Chap
,
35.
Scilicet
,
betwixt
the
Moneth
of
Michaelmasse
and
Easter
.
6
H.
7.
fol.
2.
Presentment
of
Felony
in
the
Turne
of
the
Sheriffe
,
held
after
the
Moneth
of
Easter
is
void
,
although
it
were
for
the
King
;
for
the
Statute
is
,
That
the
Sheriffe
in
this
case
shall
loose
his
Turne
,
which
is
as
much
to
say
,
all
in
that
shall
be
voide
,
38.
H.
6.
fol.
7.
the
same
.
But
by
Prescription
,
Leets
are
held
a
day
certaine
in
the
yeare
:
And
after
the
authority
of
the
Leet
,
was
enlarged
by
the
Statute
,
de
18.
Edw.
2.
called
the
Statute
,
De
visu
Franchi
plegii
:
And
after
by
diverse
others
,
Rastal
,
Leet
1.
for
what
things
are
inquirable
in
Leets
,
as
in
the
Charge
more
at
large
may
appeare
;
and
all
the
Articles
are
but
for
the
advancement
and
preservation
of
the
Common-wealth
,
as
by
the
Articles
of
your
charge
,
more
at
large
may
also
appeare
:
And
in
so
much
now
,
that
you
see
for
what
cause
Leets
were
ordained
,
and
how
the
authority
of
them
is
inlarged
,
for
Government
of
the
Common-wealth
:
Now
you
ought
to
consider
,
that
you
which
are
of
the
Jury
are
chosen
in
such
manner
as
the
Angels
of
God
are
at
the
last
day
of
Judgement
of
man
;
for
as
it
is
written
,
Then
shall
the
Angels
come
out
,
and
shall
seperate
the
Ill
from
the
midst
of
the
Just
:
And
so
you
ought
to
separate
the
Just
from
the
Ill
persons
,
and
you
ought
to
see
that
the
offendors
be
punished
,
and
the
Just
preserved
;
for
as
the
Touchstone
is
provided
to
try
the
purenesse
of
the
Gold
and
Mettals
,
so
are
you
chosen
the
Touchstone
to
see
the
Weed
to
be
taken
from
the
Corne
,
and
the
Corne
to
be
preserved
;
and
you
ought
to
see
the
King
and
the
Common-wealth
preserved
,
and
Justice
to
be
administred
,
which
is
the
preservation
of
the
King
,
The
Charge
in
Leet
.
First
,
You
ought
to
consider
,
Rast.
Indictment
,
2.
they
ought
to
be
written
and
Indented
,
and
one
part
to
remaine
with
the
Steward
,
and
the
other
with
the
Jury
,
and
it
ought
to
be
delivered
to
the
Justices
of
Assise
,
at
the
next
Goale
delivery
held
within
the
County
.
And
first
,
these
following
are
to
be
inquired
of
,
and
to
be
certified
,
as
afterwards
is
said
.
First
,
2.
Also
if
any
counterfeit
the
Money
of
this
Realme
,
Mary
,
Rastal
,
Treason
21.
And
by
Stamford
,
fol.
3.
but
inquirable
here
as
Felony
.
3.
Also
is
the
counterfeiting
of
the
Seale
manuall
,
4.
Also
the
Clipping
,
5.
Also
if
any
Servant
kill
his
Master
or
his
Mistrisse
,
6.
Also
if
any
Woman
kill
her
Husband
,
7.
Also
cutting
out
of
tongues
of
men
,
8.
Also
Murder
is
,
9.
Also
Man-slaughter
is
here
inquirable
,
10.
Also
if
one
kill
the
other
(
in
defending
of
himselfe
)
he
shall
loose
his
goods
:
11.
Ravishing
of
a
Woman
,
Rastall
,
Rape
.
2.
12
Rape
as
Felony
,
which
is
Felony
made
by
the
Statute
,
is
not
inquirable
in
a
Leet
,
nor
any
thing
given
by
Statute
,
unlesse
it
be
inquirable
by
express
words
,
but
that
which
is
made
petty
Treason
by
Statute
,
is
inquirable
as
Felony
by
the
Common
Law
,
11
H.
7.
fol.
22
13
Burglarers
are
those
,
Stamford
,
fol.
30.
b.
14
Robbery
,
15
Also
burning
of
a
House
Feloniously
done
is
Felony
by
the
Common
Law
,
16
Burning
of
a
Barn
in
the
night
adjoyning
to
a
House
is
Felony
by
the
Common
Law
,
11.
H.
7.
f.
1.
17
Also
robbing
of
Churches
or
Chappels
,
and
taking
of
any
Ornaments
out
of
them
Feloniously
is
Felony
,
and
inquirable
.
18
Theft
is
the
taking
of
anothers
Goods
with
a
fraudulent
minde
of
stealing
,
against
his
Will
whose
Goods
they
are
,
and
if
it
be
above
the
value
of
twelve
pence
he
shall
be
hanged
,
and
Theft
is
here
Inquirable
,
Stamford
24.
L.
19
If
any
rescue
any
which
is
taken
for
Felony
,
that
is
Felony
,
and
here
inquirable
,
1
H.
7.9
.
20
Also
taking
Doves
in
the
Dovehouse
in
the
night
with
Felonious
intent
,
is
Felony
,
and
here
inquirable
,
but
not
where
they
are
taken
in
their
roost
,
out
of
the
Dovehouse
.
Stamford
,
fol
25.
C.
22.
booke
of
Assises
95.18
H.
8.
fol.
2.
21
Also
taking
of
young
Pigeons
,
22
Also
the
taking
of
Fish
feloniously
out
of
ponds
,
Stews
,
23.
Also
the
taking
of
tame
Deere
with
a
Felonious
intent
,
Stamford
,
fol.
25.
C.
18
H.
8.2
.
24.
Also
if
any
one
receive
a
Felon
,
Stamford
,
fol.
41.
E.
25.
And
note
that
all
other
Felonies
which
are
Felonies
by
the
Common
Law
,
26.
Accessaries
are
inquirable
here
,
27.
Escape
voluntary
,
28.
Escape
negligent
,
is
when
one
is
arrested
for
Felony
,
and
after
escape
against
the
will
of
him
that
arrested
him
,
and
be
not
freshly
pursued
,
and
taken
before
the
Goaler
loose
the
sight
of
him
,
that
is
fineable
,
and
here
inquirable
,
Stamford
33.
b.
29.
Petty
larceny
,
Stamford
fol.
24.
G.
and
these
are
here
inquirable
.
30.
Note
that
the
Lords
of
which
the
Lands
are
held
shall
have
the
Lands
of
escheat
,
where
their
Tenants
are
attaynt
in
petty
Treason
or
Felony
,
and
the
King
shall
have
(
yeare
,
day
,
and
wast
)
by
Magna
Charta
,
cap.
22.
And
for
that
it
is
inquirable
,
what
Lands
and
Tenements
these
persons
so
offending
have
,
and
what
Goods
,
for
the
King
unless
the
Lord
hath
the
Chattells
of
the
Felons
by
Charter
of
the
King
,
9.
H.
7.
fol.
23.
31.
And
so
note
that
all
these
matters
in
the
Charge
aforesaid
,
are
inquirable
and
presentable
as
is
aforesaid
but
not
punishable
here
,
but
shall
be
certified
by
the
Steward
in
the
Sessions
,
as
is
aforesaid
,
27.
H.
8.
fol.
2.
But
now
the
residue
of
the
matters
of
the
Charge
which
ensue
,
are
inquirable
and
presentable
,
and
are
also
punishable
in
a
Leet
,
and
shall
not
be
certified
as
these
aforesaid
shall
be
.
1
First
you
ought
to
inquire
if
the
Sutors
and
Deciners
,
2
Also
if
the
cappitall
Pledges
appeare
,
3
Also
if
any
hath
dwelt
within
the
Lordship
by
a
yeare
and
a
day
,
4
Also
if
any
villaines
of
the
Lord
are
fugitive
and
remaine
elsewhere
out
of
the
Lordship
,
5.
Also
if
any
customes
or
services
due
to
this
Court
are
neglected
,
how
,
by
who
,
and
in
what
Bayliffs
time
that
was
,
6
Also
if
any
annoyances
be
made
upon
the
Land
,
wood
,
7
Also
if
any
Walls
,
Houses
,
Pales
,
8.
Also
if
any
common
wayes
,
waters
,
ditches
,
or
pathes
are
turned
out
of
their
right
course
,
it
is
inquirable
,
18.
Ed
2.
9
Also
if
any
bounds
are
streightned
or
carryed
away
,
18
Ed.
2.
10.
Also
if
any
Lay-stalls
are
made
in
high
wayes
to
the
noyanee
of
the
People
,
or
if
any
carrion
be
cast
into
the
high
way
to
the
noyance
of
the
People
,
it
is
inquirarable
.
11.
Also
if
any
make
any
encroachment
upon
the
Kings
high
way
.
12.
Also
if
any
commonly
or
openly
breake
the
peace
,
13.
Also
if
there
be
any
common
Barretors
in
the
Lordship
,
as
Scoldes
,
brawlers
,
to
the
noyance
and
disturbance
of
their
Neighbours
,
present
their
names
.
14.
Also
if
any
breake
the
common
pound
,
15.
Also
if
there
be
any
outcries
made
against
the
Lawes
to
the
disturbance
of
the
People
,
it
is
inquirable
.
17.
Also
if
any
Ease-droppers
,
18.
Also
if
any
be
common
breakers
of
Hedges
,
present
their
name
.
19.
Also
if
any
keep
and
maintaine
any
bawdrey
in
their
Houses
,
it
is
a
cause
to
break
the
Peace
,
and
is
a
vice
which
corrupteth
the
Common-wealth
,
and
for
that
it
is
here
inquirable
,
27.
H.
8.
fol.
17.
Quatuor
his
casibus
procul
dubio
cadet
adulter
,
Aut
hic
pauper
erit
aut
subito
morietur
;
Aut
cadet
in
causam
qua
debet
judice
vinci
,
Vel
aliquod
membrum
casu
vel
crimine
perdet
.
By
these
foure
changes
,
without
doubt
,
an
adulterous
person
shall
fall
,
either
he
shall
be
poore
,
or
shall
suddenly
dye
,
or
shall
fall
into
some
cause
,
that
he
shall
be
condemned
by
the
Judge
,
or
shall
loose
some
member
of
his
Body
by
chance
or
by
the
crime
.
20.
Also
if
there
be
any
vagabonds
or
wanderers
,
and
those
which
walk
by
night
,
and
sleep
by
day
,
and
if
there
be
any
which
are
common
haunters
of
Tavernes
or
Ale-Houses
,
and
go
about
,
and
having
nothing
to
live
of
,
are
inquirable
,
4.
H.
7.
fol.
2.
In
Leet
is
inquirable
of
night-walkers
.
21.
Also
if
any
go
of
Theeves
messages
,
it
is
inquirable
.
22.
Also
if
any
take
Pigeons
in
the
Winter
by
nets
or
Ingines
,
it
is
inquirable
.
23.
Also
if
any
by
any
way
corrupt
the
common
Waters
,
by
whittening
,
by
Lime
,
or
by
Flax
,
or
Stuff
laid
in
the
Waters
,
by
which
the
Waters
are
corrupt
,
it
is
inquirable
.
24.
Also
if
any
hath
,
or
useth
any
false
Measures
,
25.
Also
if
any
use
double
Poundes
or
Measures
,
26.
Assise
of
Bread
and
Beere
,
that
this
be
held
,
27.
Also
if
Tiplers
sell
by
Cups
and
Dishes
,
28.
Also
if
Butchers
,
Fishmongers
,
Innkeepers
.
29.
Also
if
Butchers
,
Fishmongers
,
30.
Also
that
Innkeepers
,
31
An
Innkeeper
may
bake
his
Bread
for
Horses
in
his
House
in
any
throughfare
Town
,
which
is
not
a
City
where
common
Bakers
dwell
,
and
if
he
bake
and
do
not
make
it
according
to
the
prices
of
Corne
,
he
is
to
be
punished
in
a
Leet
,
32.
H.
8.14
.
Rastall
.
Horsebread
.
31.
Also
if
any
Innkeeper
or
other
person
,
harbour
any
suspected
persons
,
perceiving
or
knowing
them
to
be
of
ill
behaviour
,
it
is
inquirable
.
33.
Also
if
Millers
take
excessive
Tole
is
inquirable
,
Or
if
any
Miller
within
the
Lordship
change
the
Corne
which
he
hath
to
grind
,
it
is
inquirable
.
34.
Also
it
is
inquirable
,
35.
Also
if
any
Constable
,
36.
Also
no
Purveyor
,
See
more
after
in
the
Office
of
the
Constable
,
37.
If
any
Treasure
be
found
,
that
is
to
say
,
Treasure
hid
in
the
ground
,
and
no
man
knoweth
who
hid
the
Treasure
,
that
is
to
the
King
,
unlesse
it
be
to
the
Lord
by
specialty
in
writing
,
or
by
prescription
If
any
Estreys
be
,
39.
If
any
Weife
be
,
it
is
inquirable
,
Stamford
,
fol
:
180.
40.
If
any
fugitive
be
,
that
is
,
41.
If
any
Horse
or
Mare
be
put
upon
the
Common
and
be
scabbed
,
or
having
an
infectious
disease
,
&c.
b.
and
this
is
inquirable
.
42.
If
the
Exigent
be
awarded
against
one
indicted
of
Felony
,
by
the
award
of
that
his
Goods
are
forfeited
,
though
he
be
afterward
acquit
of
the
Felony
,
and
the
King
shall
have
his
Goods
,
and
the
Lord
by
Charter
,
and
not
by
prescription
or
without
Charter
,
and
this
is
inquirable
.
43.
If
any
be
outlawed
in
Debt
,
Trespass
,
44.
If
a
common
Fine
hath
used
to
be
paid
here
,
45.
Note
that
every
one
that
hath
view
of
Frank
pledge
ought
to
have
a
Pillory
and
Tumbrell
to
execute
Justice
,
and
also
in
every
Town
or
in
the
Leet
a
paire
of
stocks
,
and
for
lack
of
them
the
Town
shall
forfeit
five
pound
,
and
that
is
inquirable
.
Wreck
of
the
Sea
.
ANd
for
that
,
that
by
the
Statute
of
15.
R.
2.
chap.
3.
Wreck
of
the
Sea
may
be
tried
and
determined
by
the
Law
of
the
Land
,
that
for
that
,
and
for
the
profit
of
the
King
and
the
Lord
,
it
is
inquirable
in
the
Leet
.
The
Kings
Prerogative
,
chap.
11.
the
King
shall
have
Wreck
of
the
Sea
throughout
the
whole
Realme
,
and
Sturgeons
taken
in
the
Sea
or
other where
within
the
Realme
,
except
some
priviledged
places
,
be
the
Kings
.
9.
H.
7.
fol.
20.
A
man
may
have
a
Wreck
of
the
Sea
by
prescription
.
10.
H.
7.
fol.
6.
By
Wood.
If
I
have
Wreck
by
prescription
,
and
a
Stranger
seise
it
,
and
not
my
Bailiffe
,
I
shall
have
an
Account
against
him
.
Westminster
1.
chap.
5.
is
,
that
Goods
in
a
Ship
where
a
Dog
or
a
Cat
scapes
alive
,
are
no
Wreck
,
but
are
delivered
to
the
Town
or
Lord
,
and
if
any
come
within
a
yeare
and
a
day
,
and
claime
them
,
and
prove
them
to
be
his
Goods
,
they
are
without
delay
delivered
unto
him
,
and
if
none
come
within
the
yeare
and
a
day
,
they
are
the
Kings
.
And
if
the
Wreck
belong
to
another
then
the
King
,
it
is
done
in
the
same
manner
.
And
who
shall
do
otherwise
,
and
of
that
is
attaint
,
he
shall
be
committed
to
prison
,
and
Fined
at
the
Will
of
the
King
,
and
shall
pay
dammages
likewise
.
If
the
Goods
in
this
case
are
fresh
Victuals
,
as
flesh
meate
,
fresh
Fish
,
Apples
,
or
Oranges
,
or
such
things
which
will
not
endure
for
a
year
,
and
the
Sheriff
seeing
them
,
selleth
them
,
and
delivereth
the
Money
taken
for
them
to
the
Town
to
answer
for
it
,
it
is
good
,
and
yet
it
is
contrary
to
the
words
of
the
Statute
,
but
it
standeth
with
reason
.
45.
H.
6.32
.
If
the
Kings
Goods
be
Wreckt
,
and
not
claimed
within
a
yeare
and
a
day
,
yet
the
King
shall
have
them
,
otherwise
it
is
a
common
person
.
Then
there
are
diverse
other
matters
which
follow
,
of
which
you
may
inquire
by
expresse
words
in
the
Statutes
,
as
of
the
Statute
of
Apparrell
,
and
other
Statutes
ensuing
.
In
the
yeare
,
24.
H.
8.
Chap.
13.
Rastal
,
Apparrell
the
fifth
.
-
If
one
hath
not
in
Land
a
hundred
pound
,
he
cannot
use
Velvet
,
in
Jackets
.
-
If
one
hath
not
in
Land
a
hundred
pound
,
he
cannot
use
Velvet
,
in
Dublets
.
-
If
one
hath
not
in
Land
a
hundred
pound
,
he
cannot
use
Velvet
,
in
Purses
.
-
Damaske
Silke
Chamlet
Taffaty
in
Gownes
.
-
Damaske
Silke
Chamlet
Taffaty
in
Coats
.
-
Damaske
Silke
Chamlet
Taffaty
in
Outtermost
Garments
.
-
Forty
pound
cannot
use
Chamlet
,
nor
Silke
,
in
Gownes
.
-
Forty
pound
cannot
use
Chamlet
,
nor
Silke
,
in
Outtermost
Garments
.
-
No
Velvet
,
in
Jackets
.
-
No
Velvet
,
in
Jerkins
.
-
No
Velvet
,
in
Caps
.
Nor
any
Silke
,
but
-
Satten
in
Dublets
.
-
Damaske
.
in
Dublets
.
-
Taffatie
in
Dublets
.
-
Sarsnet
in
Dublets
.
-
Sarsnet
in
Facing
their
Gownes
.
-
Chamlet
in
Facing
their
Gownes
.
-
Taffaty
in
Facing
their
Gownes
.
-
Twenty
pound
,
no
Silke
in
Gownes
.
-
Twenty
pound
,
no
Silke
in
Cloaks
.
-
Twenty
pound
,
no
Silke
in
Hose
,
&
c.
-
No
Satten
Damaske
Taffaty
Sarsnet
in
Dublets
.
-
No
Satten
Damaske
Taffaty
Sarsnet
in
Coyfes
.
But
they
may
weare
Chamlet
in
Jackets
.
-
Five
pound
cannot
use
any
Silke
in
Dublets
.
-
Five
pound
cannot
use
any
Silke
in
Jackets
.
-
Five
pound
cannot
use
any
Silke
in
Gownes
.
-
Five
pound
cannot
use
any
Silke
in
Cloakes
.
-
But
Chamlet
in
Dublets
.
-
But
Chamlet
in
Jackets
.
Furres
.
NOne
under
the
degree
of
an
Earle
,
may
use
Sables
.
-
Forty
pound
cannot
use
Foynes
.
-
Forty
pound
cannot
use
Jennets
gray
.
-
Forty
pound
cannot
use
Martins
.
-
Forty
pound
cannot
use
Squirrell
.
-
Forty
pound
cannot
use
Fox
.
-
Forty
pound
cannot
use
Grey
.
-
Cony
,
Hare
,
Or
other
Furr
growing
within
this
Realme
.
-
Cony
,
Hare
,
Or
other
Furr
growing
within
this
Wales
.
-
Cony
,
Hare
,
Or
other
Furr
growing
within
this
Ireland
.
-
Twenty
pound
Black
Cony
.
-
Twenty
pound
Budge
.
-
Under
twenty
pound
Gray
Cony
.
-
Under
twenty
pound
Black
Lambe
.
-
Under
twenty
pound
White
lambe
.
Chaines
of
Gold
.
NOne
under
the
degree
of
a
Knight
may
use
any
Coller
of
S
S.
None
may
use
a
Chaine
of
lesse
weight
then
ten
Ounces
of
Gold
.
Forty
pound
may
use
Aglets
,
Buttons
,
Brooches
.
Those
persons
which
are
excepted
in
these
Statutes
-
Queens
Counsell
.
-
Barons
of
the
Exchequer
-
Serjeants
at
Law
.
-
Apprentices
at
Law
.
-
Phisitions
of
the
King
.
-
Maiors
.
-
Recorders
.
-
Master
or
Wardens
,
which
are
,
or
have
used
this
roome
.
These
may
use
as
before
the
making
of
the
Statute
they
have
used
.
Forfeiture
.
THE
thing
used
against
the
Statute
,
is
three
shillings
foure
pence
a
day
:
The
Statute
is
in
his
Garment
,
(
In
)
is
taken
here
,
for
(
In
)
or
(
Upon
)
his
Garment
.
Yeare
the
first
and
second
of
Philip
and
Mary
,
no
person
borne
within
the
Dominions
of
the
King
,
other
then
the
Son
and
Heire
of
a
Knight
,
or
above
that
degree
,
or
which
might
expend
twenty
pound
yearely
,
or
was
worth
two
hundred
pound
in
Goods
.
Should
use
Silke
in
-
Hatt
.
-
Bonet
.
-
Night-Cap
.
-
Girdle
.
-
Scabbard
.
-
Hose
.
-
Shooes
.
-
Spur-Leathers
.
The
forfeiture
is
for
every
day
,
ten
pound
.
If
any
man
keep
Servants
which
offend
in
these
premises
,
and
doe
not
put
him
out
of
his
service
,
within
fourteen
dayes
after
that
he
hath
notice
of
it
,
or
if
he
put
him
out
of
his
service
,
and
afterward
retaine
him
againe
,
within
a
yeare
,
he
shall
forfeit
a
hundred
pound
.
Artificers
.
IF
any
Butcher
,
Brachetour
,
Baker
,
Poulter
,
Cooke
,
Or
if
a
Workeman
or
Laborer
,
conspire
not
to
worke
but
at
certaine
prices
,
or
not
to
finish
that
which
another
hath
begun
,
or
that
they
will
not
do
but
certain
labour
in
a
day
,
or
not
labour
but
certain
time
of
the
day
,
it
is
inqiurable
.
The
forfeiture
for
the
first
offence
ten
pound
,
and
twenty
dayes
Imprisonment
,
with
Bread
and
Water
,
the
second
offence
double
.
Archers
.
IN
the
yeare
33.
H.
8.
chap.
9.
Every
man
being
the
Kings
Subject
under
the
age
of
forty
years
,
not
lame
nor
having
any
Impediment
,
ought
to
shoote
in
a
long
Bow
,
and
shall
have
a
Bow
and
Arrowes
as
it
followeth
,
that
is
to
say
.
Every
Man
Childe
in
a
house
of
the
age
of
seven
yeares
to
seventeen
yeares
shall
have
a
Bow
and
two
Arrowes
,
and
at
seventeen
yeares
to
forty
,
a
Bow
and
foure
Arrowes
,
none
under
the
age
of
twenty
foure
ought
to
shoote
at
Prickes
nor
at
twelve
score
or
above
with
Shaft
or
Flight
.
The
forfeiture
is
six
shillings
eight
pence
for
every
three
Months
wanting
these
Bowes
and
Arrowes
.
The
Master
or
Father
ought
to
provide
for
these
of
seven
to
seventeen
,
otherwise
be
shall
pay
the
forfeiture
,
and
every
Servant
taking
wages
of
seventeen
or
upwards
,
shall
pay
the
forfeiture
.
The
forfeiture
for
such
shooting
at
Pricks
is
four
pence
the
shoot
,
and
at
eleven
score
and
under
,
as
above
,
six
shillings
eight
pence
the
shoot
,
by
the
same
Statute
.
Butts
shall
be
made
in
every
Town
upon
payne
of
forfeiture
for
every
three
Months
for
default
of
them
twenty-shillings
.
Crosse-bowes
and
Hand-guns
.
NOne
may
shoot
in
any
Handgun
,
Every
person
that
will
shoot
,
or
carry
,
use
,
or
have
in
his
House
,
or
other
place
,
any
Hand-gun
,
other
then
such
a
one
which
shall
be
in
the
Stock
and
Gun
of
the
length
of
a
yard
,
or
any
Hagbut
,
or
Demy-hake
,
other
then
such
as
shall
be
in
the
Stock
and
Gun
,
of
the
length
of
three
quarters
of
a
yard
,
shall
forfeit
ten
pound
.
And
every
person
having
Lands
,
Fees
,
Annuities
,
or
Offices
,
of
the
yearely
value
of
a
hundred
pound
,
may
seise
and
take
their
Gunns
aforesaid
;
and
also
every
Crosse-bow
of
any
person
,
not
having
Lands
,
Fees
,
or
Offices
,
to
the
value
of
a
hundred
pound
a
yeare
.
None
unlesse
he
have
a
hundred
pounds
by
the
yeare
,
may
carry
in
the
high
waies
,
in
his
Journey
,
any
Crosse-bow
bent
,
or
Gun
charged
,
unlesse
it
be
in
time
of
Service
of
War
upon
paine
of
ten
pound
.
Every
one
which
shooteth
in
a
Handgun
,
Demihake
,
or
Hagbut
in
a
City
or
market
Town
,
or
within
one
quarter
of
a
mile
of
them
,
shall
forfeit
ten
pound
for
every
shoot
.
If
a
Master
command
his
Servant
to
shoot
in
a
Hand-gun
,
Demihake
,
Hagbut
,
or
Crosse-bow
,
at
a
Deere
,
Foule
,
or
other
thing
,
unlesse
it
be
at
a
Banke
,
or
Butt
of
earth
,
or
in
time
of
War
,
shall
forfeit
ten
pound
.
But
there
is
a
Proviso
,
that
Gentlemen
,
Yeomen
,
and
Servingmen
of
every
Lord
spirituall
and
temporall
,
and
of
Knights
,
Esquires
,
and
Gentlemen
,
and
the
Inhabitants
aforesaid
,
of
Cities
,
Burroughs
,
or
Market
Townes
,
to
shoot
at
any
Butt
or
banke
of
earth
,
so
that
the
Guns
be
of
the
length
aforesaid
.
And
the
Lords
,
Knights
,
Esquires
,
Gentlemen
,
and
the
Inhabitants
aforesaid
,
may
also
keep
them
to
shoot
at
Butt
or
Banke
,
and
so
may
every
person
(
two
miles
distant
from
any
Towne
)
keep
them
for
defence
of
their
Houses
.
Also
it
is
lawfull
for
every
one
,
charged
by
4.
and
5.
P.
and
M.
to
finde
Hagbut
,
to
have
that
in
his
House
.
Cordiners
.
5.
Eliz.
chap.
8.
NOne
ought
to
cut
or
gash
any
Hydes
of
Bull
,
Ox
,
Heyfer
,
or
Cow
,
and
if
any
Tanner
offer
any
so
gashed
to
sell
,
he
shall
forfeit
for
every
one
twenty
pence
.
None
shall
kill
any
Veale
to
sell
being
under
the
age
of
five
weeks
,
upon
paine
for
every
one
six
shillings
eight
pence
.
None
may
,
together
at
one
time
,
be
a
Butcher
and
a
Tanner
,
upon
paine
of
six
shillings
eight
pence
.
No
Tanner
shall
be
a
Shoomaker
,
Currier
,
or
Butcher
at
one
time
,
upon
pain
to
loose
the
leather
wrought
,
or
the
value
.
Nor
Tanner
tan
any
hide
of
a
Bull
,
Horse
hide
,
Sheep-skin
,
upon
paine
of
forfeiting
the
same
.
No
person
may
cut
any
Oake
apt
to
be
barked
,
where
the
barke
is
of
the
value
of
two
shilling
the
loade
,
but
between
the
first
day
of
Aprill
and
the
last
of
June
,
unlesse
it
be
for
building
or
repairing
of
a
House
,
upon
paine
of
the
losse
thereof
and
the
double
value
.
None
may
buy
any
rough
hides
in
the
haire
,
but
the
Tanner
,
but
salt
hides
for
Ships
.
No
Currier
ought
to
curry
any
leather
in
the
House
of
any
Shoomaker
.
And
none
ought
to
curry
leather
ill
tanned
.
Crow-nets
.
24
H.
8.
chap.
10.
IT
is
inquirable
if
there
be
no
Crow-nets
,
the
Lord
shall
have
the
halfe
of
ten
shillings
,
which
shall
be
forfeited
by
the
Parish
or
the
Town
,
for
default
of
having
them
,
for
this
Statute
is
revived
by
8.
Eliz.
chap.
15.
And
the
Statute
of
14.
H.
8.
is
,
if
Inhabitants
of
any
Parish
,
where
there
are
ten
Housholders
dwelling
at
the
least
,
and
do
not
provide
Nets
to
take
Crowes
,
Choughs
,
and
Rookes
,
and
keep
and
●enew
the
same
netts
when
occasion
shal
be
,
and
lay
that
with
a
shrape
of
chaff
to
take
the
Crowes
,
&c.
they
shall
forfeit
ten
shillings
to
the
Queen
and
Lord
of
the
Leete
.
Or
if
Crow-nests
are
not
thrown
down
in
the
begining
when
they
begin
to
breed
,
they
shall
be
amerced
.
Frie
of
Fish
,
10
Eliz.
chap.
17.
NOne
ought
to
take
and
destroy
any
young
broode
or
Fry
of
Fish
in
any
waters
or
Rivers
,
salt
or
fresh
,
nor
kill
any
Trouts
or
Salmons
out
of
season
,
and
the
forfeiture
of
every
branch
of
this
Statute
is
twenty
shillings
.
None
may
kill
or
take
any
Pike
or
Pickrell
not
being
in
length
ten
inches
Fish
or
more
,
nor
any
Salmon
unless
in
length
sixteen
inches
Fish
or
more
,
nor
any
Trout
not
in
length
eight
inches
or
more
,
nor
any
Barble
not
in
length
twelve
inches
or
more
.
None
ought
to
take
any
Fish
with
any
manner
of
net
,
nor
with
any
other
engine
or
devise
(
angling
excepted
)
but
onely
with
a
Net
or
Tramaile
,
whereof
every
meash
shall
be
two
inches
and
a
half
in
breadth
.
Also
where
Smelts
,
Loches
,
Mynds
,
Bullheads
,
Gudgeons
,
and
Eeles
,
have
been
used
to
be
taken
,
it
shall
be
there
lawfull
to
use
such
a
net
,
as
they
have
used
before
for
that
purpose
.
Note
that
the
Steward
of
the
Leet
ought
to
charge
the
Jury
of
offences
made
against
this
Act
,
otherwise
he
shall
forfeit
forty
shillings
,
and
if
the
Jury
conceale
any
thing
,
then
he
may
impannell
another
Jury
,
to
inquire
of
their
concealement
,
and
if
that
be
found
,
they
shall
forfeit
twenty
shillings
to
the
Lord
of
the
Mannor
.
If
any
by
day
or
night
,
breake
or
destroy
the
head
or
dam
of
any
Pond
,
Poole
,
Mote
,
Stanke
,
Stewe
,
or
severall
Pit
in
which
is
the
Lords
Fish
,
to
the
intent
to
steale
the
Fish
,
he
shall
pay
to
the
Lord
treble
damages
,
and
shall
be
imprisoned
three
Moneths
,
and
after
to
find
surety
for
seven
yeares
for
his
good
behaviour
.
Note
,
this
Statute
is
generall
,
Eliz.
chap.
21.
every
one
to
have
remedy
.
The
same
Law
is
for
Deere
chased
out
of
the
Lords
Lands
enclosed
,
or
killing
any
Deere
of
the
Lords
.
And
taking
of
any
Haukes
in
his
Land
,
or
eggs
of
them
,
he
shall
have
the
same
punishment
by
the
same
Statute
.
13.
Eliz.
chap.
10.
provideth
,
and
is
inquirable
,
If
any
kill
or
destroy
any
Phesant
or
Partridge
,
with
any
Ner
,
Snares
,
Ginns
,
or
devises
in
the
night
,
That
he
shall
forfeit
for
every
Phesant
twenty
shillings
,
and
for
every
Partridge
ten
shillings
,
one
halfe
to
the
Lord
of
the
Mannor
where
it
is
,
and
the
other
to
the
Informer
:
And
that
none
Hauke
or
Hunt
with
Spaniells
in
any
Land
where
is
Corne
or
other
Graine
then
growing
,
(
unless
it
be
in
his
own
Land
)
at
such
time
as
any
eared
or
codded
Corne
shall
be
then
growing
upon
the
same
Land
,
before
the
same
be
shocked
,
hiled
,
or
cocked
upon
paine
of
forty
shillings
to
the
party
.
Also
it
isinquirable
,
if
a
Fisher
for
his
part
do
his
duty
in
bringing
Fish
to
the
Market
which
is
good
and
wholesome
for
men
,
not
corrupt
,
and
that
he
sell
the
same
at
reasonable
prizes
and
without
taking
excessive
gaines
,
scilicet
,
for
every
twelve
pence
bestowed
shal
have
but
cleere
gain
one
penny
,
and
if
it
be
stinking
,
that
it
be
burnt
openly
forthwith
.
Games
unlawfull
,
33
H.
8.
chap.
9.
NOne
for
his
lucre
or
gain
ought
to
keep
any
House
,
Alley
,
or
place
of
Bowling
,
Dicing
,
Tabling
,
Carding
,
Tennis
,
or
other
unlawfull
Gaming
,
upon
pain
every
day
forty
shillings
.
And
every
person
using
the
same
to
loose
for
every
time
six
shillings
eight
pence
.
And
if
the
Constables
and
Bailists
do
not
make
search
every
Moneth
,
they
shall
be
amerced
forty
shillings
the
Moneth
.
No
Artificer
,
Husbandman
,
Handycrafts
man
,
Apprentice
,
Journyman
,
or
Servant
of
an
Artificer
,
Marriners
,
Fishermen
,
Watermen
,
or
any
Servingman
,
ought
to
play
at
any
unlawfull
Games
aforesaid
,
but
at
Christmas
time
upon
paine
to
loose
twenty
shillings
for
every
time
,
and
in
the
Christmas
to
play
in
their
Masters
Houses
,
No
person
ought
to
bowle
in
any
place
out
of
his
Garden
or
Orchard
,
paine
six
shillings
eight
pence
.
But
it
is
lawfull
for
Noble
men
,
and
every
one
that
may
dispend
a
hundred
pound
per
an
.
in
Lands
,
or
profits
for
life
to
licence
their
Servants
and
others
coming
to
their
Houses
,
to
play
at
Bowles
,
Cards
,
Dice
,
and
other
unlawfull
Games
,
and
ought
not
to
undergo
the
penalty
of
this
Statute
.
Horses
,
32.
H.
8.
Chap.
13.
NO
Stone-Horse
being
of
the
age
of
two
yeares
,
unless
he
be
foureteen
handfull
high
,
shall
be
put
to
pasture
in
any
common
,
forrest
or
chase
,
upon
paine
of
forfeiting
the
same
Horse
.
The
said
Lands
ought
to
be
yearly
driven
at
Michaelmass
,
by
the
Lord
,
Tithingman
,
Constables
,
&c.
or
within
fifteen
dayes
after
,
upon
the
paine
of
forty
shillings
,
and
if
upon
the
saide
driving
,
there
be
found
,
any
Filly
or
Fole
or
Gelding
not
able
to
beare
Foles
,
or
not
able
to
worke
,
the
same
shall
be
kild
and
buried
.
None
ought
to
put
upon
a
Common
any
Horse
,
Mare
,
or
Gelding
,
infected
with
Scab
or
Mange
,
upon
paine
of
forfeiting
ten
shillings
.
Note
,
that
the
presentment
against
this
Statute
,
ought
to
be
certified
by
the
Steward
at
the
next
Sessions
of
the
Peace
,
upon
paine
that
he
shall
forfeit
forty
shillings
.
Hue
and
cry
.
18.
Ed.
2.
ALL
commonly
are
taken
and
called
at
the
Summons
of
the
Sheriffs
,
and
at
the
cry
of
the
Country
,
to
pursue
and
arrest
the
Felons
,
when
occasion
shall
be
,
as
well
within
Liberties
as
without
,
3.
Edw.
3.
chap.
9.
And
if
the
Robbers
escape
,
the
hundred
with
the
Liberties
thereof
,
shall
make
recompence
to
the
party
robbed
within
halfe
a
yeare
after
the
Robbery
committed
,
Winton
13.
Edw.
1.
chap.
2.
And
if
it
be
upon
the
borders
of
the
Hundred
,
then
both
Hundreds
shall
make
recompence
.
Westminster
1.
chap.
9.
To
take
Felons
,
the
Statute
will
that
all
commonly
be
ready
at
the
commandement
and
at
the
Summons
of
the
Sheriff
,
and
at
the
cry
of
the
Country
,
to
pursue
,
to
arrest
Felons
,
when
occasion
shall
be
,
as
well
within
Liberties
as
without
,
and
shall
give
a
Fine
to
the
King
for
not
doing
.
See
the
Statute
of
Winton
in
the
time
of
Edw.
1.
The
Office
of
the
Crown
,
title
Coroners
2.
Have
power
to
inquire
if
Hue
and
Cry
be
made
,
and
if
all
follow
the
Hue
and
Cry
,
and
he
that
doth
not
,
and
upon
this
is
convicted
,
he
shall
be
attached
to
appeare
before
the
Justices
of
the
Goale
delivery
.
21.
Edw.
1.
If
a
Forrester
,
Park-keeper
,
or
Warrener
,
shall
finde
Malefactors
wandring
to
make
some
dammage
there
,
after
the
Hue
and
Cry
raised
to
the
Peace
of
the
King
,
they
that
will
not
stand
and
yeeld
themselves
,
but
to
execute
their
malice
and
to
continue
it
,
and
to
the
disturbance
of
the
Kings
Peace
do
fly
away
,
and
by
force
and
armes
defend
themselves
;
If
they
shall
kill
these
Malefactors
,
they
shall
not
for
this
occasion
be
called
before
the
King
and
the
Justices
.
High
Waies
,
2.
&
3.
P.
&
M.
chap.
8.
FOr
amending
of
High
Waies
to
Markets
,
shall
be
chosen
Tuesdayes
or
Wednesdayes
in
the
weeke
of
Easter
,
two
Surveyors
,
and
if
any
chosen
refuse
,
the
paine
is
twenty
shillings
,
and
by
that
Statute
every
Laborer
ought
foure
dayes
to
worke
,
and
their
dayes
shall
be
appointed
the
next
Sunday
following
in
the
Church
,
and
to
be
made
before
Midsummer
.
He
which
hath
a
Carve
of
Land
or
pasture
,
or
a
Cart
,
shall
be
there
foure
daies
with
it
and
two
men
,
upon
paine
of
ten
shillings
a
day
.
And
every
House-keeper
,
Cottiger
,
and
Laborer
,
not
being
hired
Servants
by
the
yeare
,
shall
be
there
foure
daies
upon
the
paine
of
twelve
pence
a
day
,
and
ought
to
labour
eight
houres
in
the
day
.
Provided
that
every
one
before
charged
,
Eliz.
ch.
13.
labour
6.
daies
,
and
that
giveth
Liberty
to
take
Rubbish
,
small
stones
of
quarries
,
sand
,
gravell
,
or
Synders
,
and
to
gather
stones
upon
other
mens
Lands
,
and
provideth
liberty
to
turne
the
course
of
Waters
out
of
the
Highwaies
,
and
that
Ditches
of
every
part
of
the
Highwaies
be
scowred
by
them
adjoyning
,
Eliz.
chap.
9.
according
to
the
Statute
of
5.
Eliz.
by
which
the
waies
ought
to
be
opened
,
and
the
People
to
have
ready
passage
.
Every
one
chargeable
as
a
Cottiger
by
former
Law
,
and
assesse
in
goods
at
five
pound
or
forty
shillings
in
Lands
(
if
he
dwell
not
in
London
)
shall
finde
two
men
every
one
of
the
six
daies
.
And
if
one
dwell
in
one
parish
and
hath
part
of
a
Carve
of
Land
there
,
and
part
in
another
parish
,
he
shall
finde
a
Cart
where
he
dwelleth
.
And
if
one
have
two
plough
Lands
in
two
severall
parishes
,
he
shall
finde
in
every
one
a
Cart.
Paine
ten
shillings
for
not
scowring
of
Ditches
and
cutting
Bushes
according
to
the
Statute
,
fifth
yeare
of
Elizabeth
.
Paine
twelve
pence
the
Rod
for
not
ditching
and
scowring
Ditches
,
paine
for
casting
out
that
which
is
scowred
in
Ditches
into
the
High
way
,
for
every
loade
twelve
pence
.
The
halfe
of
all
forfeitures
by
these
Statutes
shall
be
to
the
Church-wardens
to
bestow
upon
waies
.
Hats
and
Caps
,
13.
Eliz.
chap.
16.
EVery
person
within
the
age
of
six
yeares
,
ought
to
use
upon
the
Sabboth
and
Holy
daies
,
if
it
be
not
in
the
time
of
their
Travell
out
of
the
Town
,
upon
their
Head
a
Cap
of
Wooll
made
and
dressed
in
England
.
Except
-
Maydens
.
-
Dames
.
-
Madams
and
Gentlewomen
.
-
Noble
Personages
.
-
Every
Lord
and
Knight
.
Gentlemen
of
twenty
Marks
,
and
their
heires
,
such
which
are
in
any
Office
of
worship
in
City
or
County
.
Are
excepted
also
.
Wardens
of
worshipfull
Companies
in
London
.
Are
excepted
also
.
The
Forfeiture
is
three
shillings
foure
pence
the
day
,
one
halfe
to
the
Lord
of
the
Leet
,
the
other
to
the
Poore
.
Also
the
Parents
,
Gardians
,
Governours
,
and
Masters
ought
to
pay
the
Forfeiture
for
their
Children
,
Servants
,
and
Wards
,
21.
yeares
till
they
be
out
of
their
charge
.
Hempe
.
IF
any
water
any
Hempe
or
Flax
in
any
River
,
Musters
,
4.
and
5.
P.
and
M.
chap.
3.
HE
that
refuseth
to
come
to
Musters
before
any
person
authorised
to
take
it
,
shall
be
imprisoned
for
ten
daies
,
if
he
do
not
pay
to
the
Queen
forty
shillings
:
And
if
any
person
appointed
to
take
Musters
,
receive
any
Money
to
release
any
appointed
to
serve
,
he
shall
forfeit
ten
times
as
much
as
he
receives
.
Mortmayne
,
7.
E.
1.
West
.
2.
c.
32.
NO
man
entred
into
Religion
,
or
other
whatsoever
,
to
buy
or
sell
Lands
or
Tenements
,
or
under
colour
of
gift
,
or
Tearm
,
or
by
reason
of
any
others
title
whatsoever
,
to
receive
Lands
or
Tenements
of
any
body
,
or
by
any
other
Art
or
Wit
,
to
presume
to
appropriate
it
unto
himselfe
,
upon
the
forfeiture
thereof
,
by
which
the
Lands
and
Tenements
aforesaid
should
come
to
Mortmain
by
any
meanes
.
If
any
shall
do
contrary
to
this
Statute
,
it
is
lawfull
to
the
cheife
Lord
of
the
Fee
,
within
a
yeare
,
from
the
time
of
the
alienation
thereof
,
to
enter
and
to
hold
in
fee
and
Inheritance
,
and
if
the
cheife
Lord
be
negligent
,
then
the
next
cheife
Lord
may
enter
within
halfe
a
yeare
after
,
and
so
every
Lord
shall
have
halfe
a
yeare
till
it
come
to
the
King
.
Riots
,
1.
M.
1.
chap.
12.
IF
any
persons
to
the
number
of
twelve
assemble
unlawfully
,
to
alter
and
change
Lawes
,
to
breake
Enclosures
,
Bankes
,
Conduits
,
Stankes
,
Fishponds
,
Houses
,
Barnes
,
or
to
burne
Stackes
of
Corne
,
or
such
like
Riots
,
and
Proclamation
be
made
by
the
Sheriffe
or
Justice
of
Peace
,
and
notwithstanding
they
remaine
together
by
the
space
of
an
houre
,
after
the
Proclamation
made
,
every
such
attempt
is
Felony
,
every
Coppy-Holder
being
a
Yeoman
,
Husbandman
,
or
Labourer
,
being
of
the
age
of
eighteen
years
,
or
under
forty
,
not
sick
,
nor
having
reasonable
excuse
,
and
being
required
by
the
Justice
,
Sheriff
,
or
his
Immedidiate
Lord
,
to
serve
,
to
apprehend
the
persons
aforesaid
,
and
refuse
,
he
shall
forfeit
his
Estate
during
his
Life
,
and
his
Lord
may
enter
.
The
Farmor
being
a
Yeoman
,
and
refusing
,
is
in
the
same
case
to
his
Landlord
.
Also
it
is
Felony
if
a
Man
,
Woman
or
Servant
,
or
other
person
without
compulsion
,
bring
,
send
,
or
deliver
,
any
Money
harness
,
Artillery
,
Weapons
,
or
Victualls
,
to
any
persons
assembled
in
such
manner
,
and
not
depart
to
their
Houses
upon
Command
,
or
Proclamation
made
,
as
is
aforesaid
,
and
if
any
number
besides
the
number
of
those
which
are
assembled
,
and
upon
Proclamation
made
,
do
not
depart
,
Justice
of
Peace
,
or
cheife
Officers
of
the
City
or
Burrough
corporate
,
may
raise
power
to
suppresse
them
.
And
if
any
Officer
kill
any
of
those
rebellious
persons
,
or
maim
them
,
they
shall
be
free
.
Also
if
any
person
knowing
such
pretended
rebellion
,
and
do
not
reveale
the
same
within
twenty
houres
after
such
knowledge
had
of
it
,
he
shall
be
imprisoned
by
the
space
of
three
Moneths
without
Baile
or
Mainprise
,
unless
he
be
otherwise
discharged
by
the
Justice
of
the
Peace
.
Also
if
any
refuse
,
being
able
to
suppress
such
Offendors
,
he
shall
suffer
Imprisonment
for
a
year
without
Baile
or
Mainprise
.
Also
if
any
hinder
or
let
,
that
Proclamation
cannot
be
made
,
this
is
Felony
.
Note
that
this
Statute
ought
to
be
read
or
openly
declared
in
every
Leet
.
10.
H.
7.
fol.
12.
If
one
come
and
enter
into
Land
,
with
more
then
is
accustomed
to
have
attending
upon
him
,
that
shall
be
said
with
force
.
21.
H.
7.
fol.
39.
One
may
make
an
assembly
of
People
in
his
House
to
aid
him
,
for
that
it
is
his
Castle
,
but
not
to
go
to
Market
,
although
he
be
threatned
.
17.
Edw.
4.
fol.
4.
Where
there
is
an
assembly
in
manner
of
War
,
and
no
Act
done
,
it
is
no
assault
by
Pigot
,
if
they
draw
no
Weapon
,
&c.
Quere
.
Riot
is
not
,
unless
three
at
least
,
which
do
an
unlawfull
act
.
An
unlawfull
assembly
,
is
,
if
the
People
assemble
themselves
together
,
for
an
ill
purpose
,
though
they
do
nothing
.
Rout
is
,
where
there
assemble
a
number
,
and
after
march
or
ride
,
or
go
apart
,
or
move
to
ill
in
their
own
quarrells
,
though
there
be
no
act
done
,
title
five
in
Marrows
reading
,
as
to
throw
down
inclosures
in
their
quarrell
,
this
is
a
Rout.
14.
H.
7.
fol.
28.
If
a
Disseisor
have
a
possession
by
three
yeares
,
and
holdeth
with
force
,
Action
upon
the
Statute
of
8.
H.
6.
doth
not
lie
against
him
,
but
he
may
be
indicted
upon
that
Statute
,
for
this
is
for
the
King
.
7.
Ed.
4.
fol.
18.
Indictment
of
forcible
entry
upon
the
Statute
of
the
eighth
yeare
of
H.
6.
was
removed
into
the
Kings
Bench
;
and
the
Justices
there
might
well
award
Restitution
,
as
the
Justices
of
Peace
might
have
before
them
,
4.
H.
7.19
.
32.
H.
6.
fol.
2.
Saith
in
forcible
entry
,
where
the
Defendant
pleads
Title
,
that
they
ought
to
traverse
,
(
without
that
)
he
entred
with
force
;
see
,
1.
H.
7.
fol.
19.
7.
H.
6.
fol.
14.
Presentment
of
the
forcible
entry
,
the
Defendant
pleads
to
the
(
force
and
armes
)
not
guily
,
and
it
is
not
good
,
but
he
ought
to
plead
over
to
the
Desseisin
but
in
Trespass
not
guilty
is
good
.
15.
H.
7.
fol.
17.
Where
the
Plaintiff
maketh
title
and
traverseth
the
Bar
,
and
the
title
is
found
for
the
Plaintiff
,
they
shall
not
inquire
of
the
force
,
for
it
is
implied
,
and
so
if
the
Bar
be
not
found
.
1.
H.
7.
f.
19.
If
the
Title
be
found
,
they
need
not
,
nor
ought
not
to
inquire
of
the
force
,
and
for
that
that
the
Plaintiff
alledgeth
that
J.
S.
the
Defendant
entred
with
ten
persons
,
and
doth
not
name
their
names
,
it
is
uncertaine
and
not
good
.
2.
H.
7.
fol.
16.
It
is
said
,
that
if
one
disseiseth
another
to
the
use
of
two
,
that
they
two
are
Disseisors
by
their
agreement
afterwards
,
not
with
force
,
and
if
it
be
found
against
the
Disseisor
,
he
shall
be
attaint
of
force
.
6.
H.
7.
fol.
12.
Forcible
entry
upon
points
of
the
Statute
,
the
Defendant
pleads
not
guilty
,
and
found
by
Verdict
,
that
he
entred
peaceably
and
not
with
force
,
and
for
the
Statute
is
in
disjunctive
the
plaintiff
shall
recover
,
3.
Ed.
4.
fol.
20.10
.
Ed.
4.
fol.
13.
10
H.
7.
fol.
14.
It
seemeth
a
Tenant
for
yeares
shall
not
have
an
Action
upon
the
Statute
,
of
8.
H.
6.
For
it
is
in
the
realty
,
and
one
cannot
be
Impannelled
,
for
that
he
cannot
expend
forty
shillings
by
the
year
,
3.
Ed.
4.
fol.
the
last
,
8.
Ed.
4.
fol.
9.
11.
H.
7.
fol.
15.
Feoffment
with
warranty
,
and
rely
upon
warranty
,
it
is
good
upon
the
Statute
of
8.
H.
6.
for
it
is
in
the
realty
,
but
not
upon
the
Statute
,
1.
H.
7.
fol.
12.9
.
H.
6.
fol.
19.
Queen
,
and
assurance
of
her
Power
.
IN
the
yeare
5.
Eliz.
chap.
1.
If
any
extoll
or
set
forth
the
authority
of
the
Bishop
of
Rome
,
against
the
form
of
this
Statute
,
he
runs
into
a
Premunire
.
And
this
Statute
is
to
be
read
and
declared
in
the
Leer
.
Tracing
of
Hares
,
18.
H.
8.
chap.
11.
NOne
may
Trace
,
destroy
,
or
kill
Laveret
in
the
snow
,
with
Dog
,
Bitch
,
or
otherwise
,
and
who
doth
so
,
shall
forfeit
six
shillings
eight
pence
.
Wines
,
7.
Edw.
6.
chap.
5.
NO
person
may
utter
by
retaile
by
small
measure
,
any
Gascoigne
Wines
,
or
French
Wine
,
but
after
the
Rate
of
eight
pence
the
gallon
at
the
most
,
nor
any
Rochell
Wine
but
after
the
Rate
of
four
pence
the
gallon
,
nor
any
other
Wine
at
a
higher
price
then
twelve
pence
the
gallon
at
the
most
,
upon
the
paine
of
five
pound
every
offence
.
None
shall
have
a
vessell
of
Wine
in
his
House
above
ten
gallons
,
to
spend
there
,
unless
he
be
worth
a
thousand
Markes
in
Goods
,
or
a
hundred
Markes
in
Lands
,
or
be
the
Son
and
Heire
of
a
Duke
,
Marquess
,
Earle
,
or
Lord
,
upon
the
paine
of
ten
pound
.
Note
,
that
Vintners
of
London
have
a
toleration
for
them
and
others
authorised
by
them
,
by
Letters
Patents
from
the
King
for
diverse
yeares
to
come
to
dispence
with
them
,
that
they
shall
not
sell
according
to
the
price
comprised
in
the
Statute
.
Now
if
all
the
defaults
and
paines
which
were
presented
at
the
last
Leet
,
are
amended
or
not
as
they
ought
,
and
present
them
,
and
of
them
and
of
all
other
matters
and
defaults
,
common
annoyance
to
the
Common-wealth
,
you
shall
inquire
of
and
present
.
Then
after
this
charge
is
given
,
the
Steward
shall
command
the
Cryer
to
make
Proclamation
,
and
after
Proclamation
made
,
three
times
,
then
the
Steward
shall
say
.
If
any
can
informe
the
Steward
,
or
the
Jury
,
of
any
petty
Treason
,
Felony
,
petty
Larcinie
,
Annoiances
,
or
Blood-shed
,
Pound
broken
,
or
of
Rescous
,
or
of
any
other
thing
made
against
the
Peace
,
or
of
any
person
of
common
ill
behaviour
within
the
Leet
,
or
any
workmen
using
common
deceit
,
or
of
any
common
Misdemeanour
of
any
Officer
,
or
other
person
there
,
or
of
any
Weife
,
Estrey
,
Treasure
found
,
or
of
any
other
thing
here
inquirable
,
come
you
in
and
you
shall
be
heard
.
Then
if
any
come
in
,
let
him
be
sworn
to
give
evidence
to
the
Jury
.
And
after
that
,
the
Steward
shall
say
to
the
Jury
,
go
together
,
and
inquire
ye
of
the
matter
of
your
Charge
,
and
when
you
are
agreed
,
I
shall
be
ready
to
take
your
Verdict
.
The
end
of
the
Charge
.
A
breviate
of
the
Charge
.
HEre
followeth
a
breviate
of
the
Charge
,
which
will
suffice
for
the
Steward
,
which
is
perfect
in
the
Charge
,
for
his
remembrance
is
sufficient
.
And
first
,
what
Articles
are
inquirable
by
the
Statute
,
18.
Ed.
2.
fol.
82.
Which
follow
.
Fairfax
,
22.
Ed.
4.
fol.
82.
Which
follow
,
saith
,
There
is
no
Statute
,
but
rehersall
of
Lawes
inquirable
in
Leet
.
-
Petty
Treason
,
-
As
clipping
of
Money
.
-
And
falsifying
Money
.
-
Felonies
,
-
As
common
Theeves
.
-
Receivers
of
Felons
.
-
Of
small
Theeves
,
as
of
Sheep
,
Hens
,
and
Corne
stolne
.
-
Escape
,
-
Of
Theeves
,
and
men
imprisoned
,
and
let
goe
without
warranty
.
-
Rape
,
-
Of
ravishing
a
Woman
which
is
not
presented
before
the
Coroner
.
-
Sutors
,
that
is
to
say
,
-
Resiants
which
owe
sute
royall
.
-
And
capital
pledges
and
Deciner
,
-
Of
these
of
twelve
years
and
not
sworne
.
Customes
and
Services
forborne
.
Annoyances
made
in
Lands
,
Woods
,
and
Waters
,
of
Walls
,
Houses
,
Ditches
,
Hedges
,
made
or
pulled
downe
to
the
annoyance
of
the
people
.
Of
Wayes
and
Paths
taken
away
or
stopped
;
of
Waters
wrong
turned
,
or
stopt
,
or
taken
away
;
of
corrupters
of
Water
by
Lyme
,
Flax
,
&c.
-
III
persons
for
the
Common
wealth
.
-
Of
them
that
go
of
errands
for
Theeves
.
-
Of
common
breakers
of
Hedges
.
-
Of
maintainers
and
keepers
of
Bawdry
.
-
Of
those
which
sleepe
in
the
day
,
and
walke
in
the
night
,
and
have
nothing
to
live
on
.
-
Of
those
which
daily
haunt
Taverns
,
and
have
nothing
to
live
on
.
-
Of
those
which
catch
Pigeons
in
the
Winter
with
Nets
or
Ingins
.
-
Trespasse
.
-
Of
blood
spilt
.
-
Of
Play
made
.
-
Of
common
Barretors
and
Scolds
.
-
Of
breaking
the
common
Pound
.
-
Of
outcries
against
Lawes
.
-
Misdemeanour
of
Officers
.
-
Of
rescuing
from
the
Officer
of
the
King
.
-
Of
Constable
which
keepeth
not
the
peace
.
Bayliffe
,
Purveyor
.
-
Constable
,
-
Apprehend
Felons
.
-
See
the
Watch
kept
.
-
That
he
arrest
men
armed
.
-
For
good
Government
,
let
there
be
-
Stocks
.
-
Pillory
.
-
Cuckingstoole
.
-
Suspect
Persons
,
-
Vagabonds
,
and
-
Rogues
.
-
Assise
of
bread
and
Beere
,
-
Inholders
.
-
Of
false
measures
,
-
False
Ballance
and
weights
,
of
Victualers
.
-
Double
measures
and
weights
,
of
Millers
.
-
Treasure
found
of
Outlawes
.
-
Of
Hue
and
Cry
raised
,
and
not
pursued
.
-
Of
flyers
to
Sanctuaries
and
Churches
.
-
Goods
of
Felons
.
-
Estreys
and
Weifes
,
Scilicet
,
If
they
flye
.
-
Exigents
upon
Indictments
.
-
Felony
.
-
Common
Fine
.
These
Articles
ensuing
,
are
inquirable
by
expresse
words
of
the
Statutes
here
ensuing
;
that
is
to
say
,
Apprentice
which
hath
not
Land
to
the
value
of
twenty
Shillings
,
7
H.
4.
chap.
17.
Apparrell
,
by
24
H.
8.
chap.
13.
and
by
1.
&
2.
Phil.
&
Mary
,
chap.
2.
Artificers
,
by
2
Edw.
6.
chap.
15.
and
by
24
H.
8.
c.
12.
Archers
,
by
33
H.
8.
chap.
9.
Butts
,
by
33
H.
8.
chap.
9.
Crosse-bowes
and
Hand-guns
,
by
33
H.
8.
chap.
6.
Shoomakers
and
Tanners
,
by
5
Eliz.
chap.
8.
Crow-Nets
,
by
24
H.
8.
chap.
9.
Frie
of
Fish
,
by
1.
Eliz.
chap.
17.
and
by
5.
Eliz.
chap.
21.
Games
unlawfull
,
by
33
H.
8.
chap.
10.
Horses
,
by
32
H.
8.
chap.
13.
Hue
and
Cry
,
by
18
Edw.
2.
High
wayes
,
by
2.
&
3.
Phil.
&
Mary
,
and
by
5.
and
18
Eliz.
Hats
and
Caps
,
by
the
13
Eliz.
chap.
19.
Hemp
and
Flax
,
by
33
H.
8.
chap.
17.
Musters
,
by
4.
and
5.
P.
and
M.
chap
3.
Mortmaine
,
by
7.
Ed.
1.
Rastal
3.
Riots
,
by
1.
Mary
chap.
12.
Takers
of
the
King
,
by
20.
H.
6.
chap.
8.
Tracing
Hares
,
by
14.
H.
8.
chap.
10.
Wines
,
by
7.
Ed.
6.
chap.
5.
Waifes
and
Straies
,
Goods
of
Felons
.
Decayed
House
of
Husbandry
,
for
the
benefit
of
the
King
and
Lord
of
the
Mannor
4.
H.
7.
chap.
19.50
.
Eliz.
c.
2.
Then
let
us
see
what
things
are
argued
and
allowed
in
our
Bookes
to
be
inquirable
in
Leet
,
and
what
not
.
FIrst
,
Things
at
the
common
Law
are
inquirable
,
and
not
defended
by
Statute
,
unless
that
the
Statute
maketh
mention
by
expresse
words
,
what
are
inquirable
,
1.
R.
3.
fol.
1.3
.
H.
7.
fol.
1.6
.
H.
7.
fol.
4.
and
11.
H.
7.
fol.
22.
the
same
.
Petty
Treason
is
inquirable
,
but
as
Felony
at
the
common
Law
,
6.
H.
7.
fol.
4.
It
is
said
,
that
Treason
,
Petty
Treason
and
ancient
Felonies
,
that
is
to
say
,
Felonies
,
at
the
Common
Law
but
not
the
death
of
a
man
.
And
Rape
as
Felony
,
is
not
inquirable
but
as
Trespass
,
7.
H.
6.
fol.
13.6
.
H.
7.
fol.
4.
Presentment
in
Leet
of
Felonies
,
You
cannot
inquire
there
of
the
Death
of
a
man
,
41.
booke
of
Assises
30
,
and
the
Lord
which
inquires
of
that
shall
be
fined
forty
shillings
.
You
may
inquire
there
of
all
Felonies
at
the
Common
Law
,
but
not
of
the
death
of
a
man
,
22.
Ed.
4.
fol.
22.
You
may
inquire
there
of
all
Felonies
at
the
Common
Law
,
and
not
of
Felonies
by
Statute
,
unlesse
it
be
by
express
words
given
,
6.
H.
7.
fol.
4.11
.
H.
7.
fol.
22.
The
Steward
may
certifie
presentment
of
Felony
taken
in
Leet
before
him
,
at
the
next
Sessions
,
27.
H.
7.
fol.
2.8
.
H.
4.
fol.
18.
Of
Felonies
and
Fraies
,
Adjudge
,
that
assault
upon
a
person
only
is
not
inquirable
there
,
but
of
Bloodshed
it
is
,
8.
Ed.
4.
fol.
5.
and
4.
H.
6.
fol.
9.
Common
Nusance
to
a
number
of
men
is
inquirable
,
but
not
an
assault
made
to
one
,
but
Frayes
.
If
a
Stranger
make
a
Fray
within
the
Leet
,
and
be
not
taken
,
the
Deciners
shall
be
amerced
and
it
is
inquirable
there
,
50.
Ed.
3.
fol.
5.
Bloodsheds
are
inquirable
,
1.
R.
3.
fol.
1.22
Ed.
4.
fol.
22.
the
same
.
Presentment
that
one
hath
received
one
by
the
yeare
into
his
service
,
Age
of
12
yeares
not
sworne
.
not
sworn
to
the
Queen
,
is
good
,
and
he
shall
be
amerced
41
Ed.
3.
fol.
26.
Purprestures
are
inquirable
,
You
cannot
there
inquire
of
the
Statute
of
Laborers
,
6.
H.
7.
fol.
4.
Stopping
the
Highway
is
there
inquirable
,
All
common
Annoyances
and
Purprestures
made
within
the
Leet
are
there
inquirable
,
Purprestures
in
high
waies
are
inquirable
there
,
Inquiries
are
there
of
Bridges
and
Causies
,
Britton
.
fol.
31.
Common
nusance
,
Turne
and
Leet
are
all
as
one
,
Presentment
in
Leet
that
J.S.
hath
enclosed
such
Land
,
Leet
hath
power
to
amerce
a
man
for
an
annoyance
,
and
also
to
award
that
the
Offenders
shall
be
destreined
to
amend
that
.
Of
Bread
and
Beere
shall
be
there
inquirable
,
False
Weights
and
Measures
are
there
inquirable
by
Britton
,
fol.
32.71
.
Of
a
Tenement
aliened
in
Mortmain
,
are
inquirable
there
,
by
Britton
,
fol.
32.
Presentment
in
Leet
that
he
is
a
Tanner
,
Of
forestallers
and
taking
of
Victualls
to
the
use
of
the
King
more
then
need
by
Britton
,
fol.
33.
are
inquirable
.
It
is
allowed
that
night-walkers
are
there
inquirable
,
4.
H.
7.
fol.
1.
Weife
cannot
be
presented
in
the
hundred
,
but
in
the
Leet
,
44.
Ed.
3.
fol.
19.
It
may
inquire
of
corrupt
Victuall
,
27.
H.
8.
fol.
2.
Title
Leet
,
16.9
.
H.
6.
fol.
53.
Waters
.
DOctor
and
Student
,
fol.
177.
The
King
is
bound
by
old
custome
of
the
Realme
,
as
Lord
of
the
narrow
Seas
,
to
scowre
the
Sea
from
Sea
Pirats
,
Britton
84.
The
Sea
is
common
,
and
also
right
to
fish
in
the
Sea
.
8.
Ed.
4.
fol.
10.
It
is
saide
there
,
that
every
one
may
fish
in
the
Sea
by
common
right
;
and
by
Choke
,
if
the
Water
ebb
and
flow
upon
my
Land
,
every
one
may
fish
there
Fitzh.
113.
a.
The
King
may
see
that
Rivers
and
Sewers
of
the
Sea
be
defended
,
and
for
that
may
award
a
Commission
by
common
Law
,
and
so
may
of
Bridges
and
Waies
.
Fitzh.
93.
g.
Action
upon
the
case
lieth
against
a
Neighbour
,
which
hath
Lands
between
him
and
the
Sea
,
which
doth
not
make
his
Bankes
,
or
scowre
his
Ditches
,
by
which
his
Land
is
drowned
.
19.
Book
Assise
.
It
was
found
by
Commission
that
the
River
of
Lee
which
runneth
from
Ware
to
Waltham
and
so
to
London
,
is
the
high
Stream
of
the
King
.
Quere
.
22.
Ed.
3.
fol.
22.
If
Water
run
betwixt
two
,
and
by
little
doth
diminish
the
Soile
of
the
one
,
and
doth
increase
the
other
,
if
there
be
not
bounds
fixt
,
if
this
increasing
had
been
so
little
that
one
could
not
perceive
it
,
but
if
it
be
by
hastie
increase
,
there
the
other
by
this
shall
not
loose
his
Soile
unless
the
River
be
an
arme
of
the
Sea
.
And
note
that
every
Water
which
flowes
and
ebbs
is
an
arme
of
the
Sea
,
so
long
as
it
floweth
and
ebbeth
,
22.
Ass.
93.
4.
Ed.
4.
fol.
29.
Trespass
of
fishing
in
his
severall
fishing
,
the
Defendant
prescribes
to
have
common
of
fishing
there
,
and
may
prescribe
to
have
that
appendent
to
Land
as
well
as
common
appendent
.
4.
Ed.
3.
Title
Trespass
,
222.
Trespass
in
his
free
fishing
,
this
is
intended
to
be
in
anothers
Soil
.
34.
Of
the
booke
of
Assise
11
▪
Assise
of
common
fishing
in
Tyse
,
from
such
a
place
to
such
a
place
,
and
makes
Title
in
his
plaint
,
for
that
it
was
profit
to
take
in
another
Soile
,
and
sheweth
that
one
had
fishing
,
belonging
appurtenent
to
his
Mannor
,
and
by
deed
granted
that
to
him
.
43.
H.
3.
title
441.
Br.
Assise
,
Assise
of
free-hold
and
Plaint
of
a
fishing
,
and
good
.
7.
H.
7.
fol.
13.
Trespass
in
his
severall
fishing
,
the
Defendant
prescribes
that
the
Abbot
was
seised
of
a
Mannor
,
and
prescribeth
to
have
free
fishing
from
such
a
place
,
By
Wood.
A
man
may
have
free
fishing
in
anothers
water
,
but
not
severall
.
17.
Ed.
4.
fol.
6.
Why
by
force
and
armes
he
fished
in
his
severall
fishing
,
the
Defendant
pleads
that
the
place
where
,
&c.
is
his
Free-hold
,
and
by
Choke
it
is
no
Plea
but
an
Argument
,
contrary
by
Brian
,
for
a
severall
fishing
is
in
his
own
Soile
by
him
,
and
free
fishing
is
in
anothers
Soile
,
which
Littleton
,
granted
18.
Ed.
4.
fol.
5.
It
was
adjudged
a
good
Plea
by
the
whole
Court
,
18.
H.
6.29
.
20.
H.
6.
fol.
4.
Trespass
for
fishing
in
his
severall
fishing
,
the
Defendant
saith
that
the
Soile
covered
with
water
is
his
Freefold
,
and
is
held
a
good
Plea
to
the
Action
,
22.
Ed.
4.
Title
116.
Barr
,
F.
18.
Ed.
5.
fol.
4.
A
man
shall
not
have
an
Assise
only
of
water
without
Land
,
so
if
he
saith
,
that
the
place
is
only
covered
with
water
which
is
his
free-hold
,
it
is
a
good
Plea
in
trespass
.
7.
H.
4.
fol.
9.
Action
upon
the
case
lieth
,
for
that
the
Defendant
ought
to
repaire
a
wall
of
the
Thames
,
and
doth
not
,
by
which
his
Land
is
drowned
,
7.
H.
4.
fol.
32.
Magna
charta
,
chap.
23.
All
Kedels
shall
be
put
down
from
henceforth
almost
throughout
all
England
,
unlesse
upon
the
Sea
Coasts
.
There
are
but
two
Writs
in
the
Register
for
fishing
,
that
is
to
say
,
In
a
severall
fishing
,
and
in
a
free
fishing
,
see
the
Register
in
,
34.95.103
.
Petty
Treason
is
the
first
branch
in
the
Charge
,
and
for
that
somthing
is
to
be
remembred
,
which
I
finde
in
our
bookes
touching
these
Treasons
.
IF
Coiners
of
the
Towre
make
Money
of
false
Mettall
,
or
lesse
in
weight
by
halfe
,
it
is
Treason
,
and
he
which
uttereth
it
knowing
,
is
a
Traitor
,
3.
H.
7.
fol.
10.
Where
a
Servant
killeth
his
Mistris
or
traiterously
slew
her
,
he
shall
be
drawn
and
hanged
,
and
yet
the
Statute
is
,
where
the
Servant
kills
the
Master
,
for
it
ought
to
be
as
well
to
one
as
the
other
,
19.
H.
6.47
.
A
Woman
of
the
age
of
thirteen
yeares
was
burnt
,
for
that
that
she
kild
her
Mistris
,
which
proves
that
this
is
Treason
,
for
otherwise
she
should
have
been
hanged
,
12.
booke
of
Assises
30.
A
Woman
shall
be
burnt
for
Treason
,
as
for
killing
her
husband
,
and
hanged
for
Felony
,
Britton
,
fol.
16.
1.
R.
3.
fol.
4.
Sorcerers
attaint
shall
be
burnt
,
Britton
,
fol.
16.
Counterfeiting
the
Kings
Seal
,
or
Money
,
was
petty
Treason
,
and
Charter
of
pardon
in
all
Felonies
would
serve
in
petty
Treason
,
for
it
is
Felony
,
Stamf.
fol.
2.
but
now
by
the
Statute
of
25.
of
Ed.
3.
chap.
2.
of
Treasons
it
is
made
high
Treason
.
The
second
branch
in
the
Charge
is
Felony
,
and
for
that
somthing
is
to
be
saide
,
what
are
Felonies
by
the
common
Law
and
what
not
.
IF
one
shoote
at
Butts
,
and
kill
a
man
by
swarving
of
his
hand
,
it
is
no
Felony
for
which
he
shall
dye
,
the
same
Law
of
tiling
a
House
and
a
stone
fall
and
killeth
one
,
but
if
he
hurt
one
,
trespasse
lieth
,
22.
H.
7.29
.
If
one
shoot
at
Pricks
,
and
his
hand
swarve
,
and
he
kill
one
,
it
is
no
Felony
for
which
he
shall
dye
,
and
for
that
which
is
not
voluntary
he
shall
have
a
pardon
of
course
,
but
if
he
hurt
one
it
is
a
trespass
,
though
it
be
against
his
will
,
and
so
it
is
where
one
cuts
a
Tree
upon
his
own
Land
,
and
that
falleth
upon
anothers
Land
against
his
will
,
it
is
a
Trespass
,
6.
Ed.
4.
fol.
7.
One
cuts
a
Purse
with
three
shillings
in
the
same
,
and
looseth
his
right
Thombe
,
and
so
it
is
inquirable
in
Leet
as
Trespass
,
and
not
as
Felony
now
by
the
Statute
,
10.
H.
3.
tit.
434.
If
one
feloniously
in
the
night
burne
a
Barne
adjoyning
to
a
House
,
it
is
Felony
,
11.
H.
7.
fol.
1.
To
play
at
Sword
and
Buckler
together
,
and
one
killeth
the
other
,
it
is
Felony
,
otherwise
it
is
if
they
play
together
by
the
Commandement
of
the
King
,
and
one
kill
the
other
,
11.
H.
7.
fol.
23.
If
one
resist
a
Felon
which
would
rob
him
,
and
kill
the
Felon
in
resisting
him
,
it
is
no
Felony
,
and
he
need
no
Charter
of
pardon
,
22.
Assise
55.
If
a
Theife
kill
a
Merchant
,
and
his
Servant
in
pursuing
hastily
the
Theife
kill
him
,
it
is
no
Felony
in
the
Servant
,
21.
H.
7.
fol.
26.
Assise
.
33.
If
one
be
present
when
one
is
murdered
,
if
he
do
not
strike
nor
aid
him
,
nor
consent
,
nor
cause
him
to
do
it
,
he
shall
not
be
indicted
,
contrary
if
he
be
any
of
those
,
14.
H.
7.
fol.
3.
If
diverse
are
present
when
a
man
is
kill'd
,
and
one
of
them
kill'd
him
,
the
others
are
principalls
,
if
they
come
for
the
same
cause
,
21.
Ed.
4.
fol.
84.
In
the
time
of
H.
8.
tit.
351.
A
man
bound
to
keepe
the
Peace
,
procures
another
to
breake
it
,
this
is
the
forfeiture
of
his
recognifance
.
If
one
be
present
and
move
one
to
kill
another
,
which
is
done
,
it
is
Felony
in
him
though
he
strike
not
,
13
H.
7.
fol.
10.
the
same
,
4
H.
7.
fol.
18.
An
Infant
within
the
age
of
ten
and
twelve
yeares
killeth
one
and
was
hanged
,
3.
H.
7.
fol.
13.
Felony
is
not
but
where
a
thing
is
taken
with
a
Felonious
intent
,
that
is
,
That
is
so
privily
,
that
he
intends
that
he
from
whom
it
is
taken
,
shall
not
know
,
21
H
7.
fol.
15.
If
one
take
his
own
goods
from
him
that
hath
the
keeping
of
them
privily
,
and
charge
his
Bailiff
,
that
is
Felony
in
taking
his
own
goods
,
5
H.
7.
fol.
17.
Taking
of
Treasure
trove
or
wreck
with
a
Felonious
intent
is
no
Felony
,
2●
booke
of
Assises
99.
Taking
of
Charters
feloniously
in
a
box
concerning
Land
is
no
Felony
,
10
Ed.
4.
fol.
16.
If
my
Butler
steale
my
plate
in
my
House
,
it
is
in
my
possession
and
it
seems
is
Felony
,
3
H.
7.
fol.
12.
The
same
Law
where
my
Shepheard
steales
my
Sheep
,
22
H.
7.
fol.
15.
12
H.
8.
fol
3.
If
I
deliver
my
Butler
my
Plate
,
it
is
said
it
is
no
Felony
,
and
taking
of
that
is
no
Felony
,
this
is
where
they
are
not
delivered
.
It
was
held
by
all
besides
Nedham
,
that
if
a
Carrier
hath
a
Baile
,
&c.
or
a
Pack
to
carry
and
breakes
that
and
takes
the
Goods
out
,
it
is
Felony
,
A
Woman
shall
not
be
arraigned
for
stealing
her
husbands
Goods
,
abridged
booke
of
Assises
fol.
71.
Taking
of
Pigeons
,
or
Fish
in
their
savings
is
no
Felony
,
otherwise
it
is
out
of
a
House
or
a
Trunck
,
for
there
it
is
Felony
,
22.
booke
of
Assises
98.
Taking
of
Pigeons
or
other
Beasts
wilde
in
their
wildnesse
is
no
Felony
,
12
H.
8.
fol.
4.
by
Br.
22.
Booke
of
Assises
95.
Taking
of
young
Doves
in
their
nests
in
a
House
is
Felony
,
and
so
it
is
of
Pikes
out
of
a
Trunck
,
contrary
out
of
a
River
,
taking
young
Goshaukes
in
a
Park
is
Felony
,
otherwise
it
is
where
they
are
old
Goshaukes
,
18
Ed
,
4.
fol.
8.
Cutting
of
Trees
is
no
Felony
,
otherwise
it
is
if
they
were
falled
,
and
after
are
carried
away
with
felonious
intent
,
22
booke
of
Assises
22.
and
12
Ed.
3.
Coron.
119.
Taking
of
Apples
out
of
an
Orchard
growing
upon
the
Tree
,
or
cutting
Trees
,
or
Corne
growing
,
though
they
be
taken
with
a
Felonious
intent
,
is
not
Felony
,
for
that
they
are
parcell
of
the
Freehold
,
but
common
breakers
of
Orchards
,
and
common
Trespassours
are
inquirable
in
Leet
as
I
intend
,
18
H.
8.
fol.
2.
Robbery
is
but
from
the
person
of
one
,
31
H.
6.
fol.
16.
Robbery
if
it
do
not
amount
to
two
pence
is
Felony
,
for
which
he
shall
be
hanged
,
22.
booke
of
Assises
55.
Burglary
of
a
House
is
,
though
he
carry
away
nothing
,
the
same
Law
of
Robbery
which
is
of
his
person
though
it
be
to
the
value
of
a
peny
,
but
it
is
no
Felony
that
one
shall
be
hanged
,
unlesse
to
the
value
of
twelve
pence
,
22.
booke
of
Assises
39.
It
is
Burglary
,
that
he
broke
his
House
to
kill
him
though
he
did
not
kill
him
,
13
H.
4.
fol
20.
One
intended
to
commit
Burglary
and
was
hindred
yet
hanged
,
27
Assise
38.
It
is
no
Felony
if
one
intend
to
rob
one
,
and
doth
not
but
is
hindred
,
but
it
is
Treason
if
he
intend
that
to
the
King
and
do
not
the
act
;
13
H.
8.
fol.
13.
A
Boy
would
have
carried
out
the
Goods
of
his
Master
,
and
comming
to
the
bed
of
his
Master
sleeping
and
cut
his
throate
,
and
he
cried
out
and
his
Neighbours
came
in
and
tooke
the
Boy
and
he
was
hanged
,
15
Ed.
2.
Coroner
383.
Burglers
are
those
which
breake
Houses
or
Churches
,
and
though
that
they
carry
out
nothing
they
shall
be
hanged
,
Abridgment
of
the
book
of
Assises
75.
Note
that
presentments
of
Felonies
at
the
Common
Law
,
are
presentable
before
the
Steward
in
Leet
,
as
appeares
by
,
22.
Ed.
4.
fol.
19.
and
petty
Treason
is
Felony
as
it
appeares
by
Stam.
fol
2.
Appeale
of
Robbery
,
the
Defendant
tenders
to
wage
battaile
,
and
was
afterward
outed
of
that
,
for
that
,
that
he
was
indicted
before
John
Verney
Steward
in
Leet
;
and
for
that
hee
did
not
shew
to
whom
he
was
Steward
,
and
in
what
place
,
it
was
nought
,
otherwife
it
had
been
good
.
By
this
it
appeares
that
presentment
of
that
may
be
before
the
Steward
,
Stamford
fol.
2.
Charter
of
pardon
of
all
Felonies
serves
in
petty
Treason
,
for
it
is
Felony
,
and
for
that
also
inquirable
in
Leet
as
Felony
22
Ed
,
4.
fol.
19.
1
H.
7.
fol.
23.
Sir
Humfery
Stafford
shewed
that
he
had
matter
in
Law
,
to
plead
to
an
indictment
,
as
sanctuary
and
prayed
Councell
,
and
had
Councell
upon
that
shewed
in
Felony
or
Treason
.
3
H.
7.
fol.
1.
Infant
of
tender
age
,
or
one
out
of
his
wits
killeth
one
he
shall
not
be
hanged
,
21
H.
7.
fol.
31.
3
H.
7.
fol.
1.
If
the
principall
take
Clergy
,
being
arraigned
or
indicted
,
it
seemeth
that
the
accessary
shall
go
quit
and
cleer
if
he
have
pardon
,
contrary
13
Ed.
4.
fol.
3.
upon
acknowledging
of
Felony
.
3
H.
7.
fol.
1.
One
of
the
age
of
nine
yeares
which
had
discretion
,
to
excuse
himselfe
,
was
hanged
for
murdering
of
an
other
Infant
.
3
H.
7.
fol.
2.
It
seemeth
where
one
challengeth
above
the
number
of
thirty
six
upon
one
Indictment
,
he
shall
be
put
to
Pennance
,
and
where
it
is
in
Appeale
hanged
.
22
H.
8.
chap.
14.
No
person
arraigned
for
petty
Treason
,
Murder
,
or
Felony
,
shall
not
be
admitted
to
any
peremptory
challenge
above
the
number
of
twenty
.
4
H.
7.
fol.
2.
One
arraigned
and
found
it
was
in
defending
himselfe
,
and
had
a
pardon
of
grace
.
14
H.
7.
fol.
2.
Where
one
indicted
before
a
Coroner
is
afterwards
acquit
,
it
shall
be
inquired
who
killed
him
,
11
H.
4.
fol.
91.
the
same
:
11
H.
7.
fol.
19.
If
a
married
woman
make
Felony
,
her
Land
is
forfeited
forthwith
,
unlesse
that
her
Husband
be
intituled
to
be
Tenant
by
the
curtesie
.
21
H.
7.
fol.
30.
Clerkes
convict
or
attaint
are
not
out
of
the
same
Law
as
Aliens
are
.
1
H.
7.
fol.
6.
Rescuing
a
Felon
is
Felony
,
by
the
Common
Law
,
of
Breakers
of
Prison
by
the
Statute
.
4
Ed.
4.
fol.
10.
One
indicted
of
Murder
such
a
day
,
and
an
Appeale
sued
supposing
the
Murder
another
day
,
yet
good
,
and
shall
be
all
one
,
for
the
day
is
not
matteriall
and
after
the
parties
in
the
Appeale
agreed
,
and
the
Playntiff
is
nonsuted
,
he
shall
be
arraigned
at
the
Kings
Suit
.
21
H.
7.
fol.
29.
Where
one
shootes
at
Pricks
and
killeth
a
man
by
the
swarving
of
his
hand
,
it
is
no
Felony
that
he
ought
to
dye
.
9
Ed.
4.
fol.
2.
Defendant
in
Appeal
of
Felony
shall
have
Councell
but
not
in
an
Indictment
,
unless
he
have
matter
in
Law
to
plead
.
6.
Ed.
4.
fol.
27.
Indictment
,
That
Alice
S.
he
tooke
feloniously
,
and
knew
her
carnally
against
her
will
,
but
feloniously
ravished
her
and
Indictment
of
Murder
,
that
of
malice
pretended
he
killed
him
is
not
good
,
but
Murdravit
,
vid.
1.
H.
4.1
.
Bracton
saith
,
If
there
be
any
that
striketh
a
Woman
being
with
child
,
or
gives
her
poyson
by
which
he
maketh
an
abortive
or
a
child
now
formed
or
having
life
he
committeth
man-slaughter
,
3.
book
of
As.
4.
or
where
one
beateth
a
Woman
with
childe
which
indeed
was
borne
dead
it
is
no
Felony
22.
booke
of
Assises
94.
Stamford
22.
It
is
requisite
that
the
thing
slaine
be
in
Rerum
natura
,
and
for
that
to
kill
an
Infant
in
his
mothers
belly
is
no
Felony
,
Stamford
16.
22.
booke
of
Assises
71.
Two
fight
together
and
one
commeth
to
part
them
and
is
slaine
,
is
Felony
.
26.
booke
of
Assises
22.
A
Felon
in
robbing
of
a
House
is
slaine
,
it
is
no
Felony
in
killing
.
Stam
:
fol.
25.
That
cannot
be
Felony
to
steale
wild
beasts
found
in
their
wildernesse
,
nor
for
Doves
being
out
of
their
Dove-coat
,
nor
Fishes
taken
in
the
River
,
for
such
stealing
is
not
the
taking
of
anothers
Goods
,
but
of
a
thing
,
which
none
hath
property
in
.
But
otherwise
it
is
if
he
breake
the
Pigeon-House
and
steale
the
young
Pigeons
which
cannot
go
nor
fly
for
that
is
Felony
.
The
same
Law
of
taking
of
young
Goshaukes
bred
in
my
Parke
18.
H.
8.
fol.
2.
By
Fitzh
.
and
Englefeild
,
taking
of
young
Pigeons
in
a
Dovehouse
is
not
Felony
.
Quere
for
they
are
of
a
wilde
nature
.
22.
booke
of
Assises
3.
One
killeth
one
outlawed
of
Felony
,
by
Scroope
it
is
no
Felony
,
but
by
Stamf.
Otherwise
it
is
where
he
is
attaint
by
verdict
.
35.
H.
6.
fol.
68.
A
husband
attaint
of
Felony
is
slaine
,
his
Wife
shall
have
an
appeale
,
but
not
his
Heire
,
for
there
is
no
corruption
of
blood
between
the
Husband
and
his
Wife
.
34.
H.
6.
fol.
53.
If
a
Felon
read
,
and
the
Ordinary
refuse
him
,
the
Prisoner
shall
be
spared
and
the
Ordinary
shall
be
fined
,
and
if
a
Felon
once
faile
to
read
,
yet
the
Justices
may
spare
him
and
make
him
try
to
read
again
,
and
said
there
that
he
shall
have
his
Clergy
under
the
Gallows
,
but
inquire
that
:
Stamford
saith
,
Burglary
may
be
in
the
day
as
well
as
the
night
,
but
all
Indictments
are
(
by
night
)
and
for
that
quere
,
Title
Clergy
plac
.
12.
He
which
breaketh
a
House
by
day
or
night
,
any
person
being
in
that
,
and
by
that
put
in
feare
,
or
rob'd
of
any
thing
,
he
shall
not
have
his
Clergy
,
Stamford
129.
Forfeiture
.
And
for
that
,
that
you
ought
to
inquire
,
what
Lands
and
Goods
those
attaint
of
Felony
have
,
it
is
now
to
see
what
the
King
shall
have
and
what
the
Lord
,
by
attainder
of
one
in
Felony
and
what
not
.
WEE
shall
not
keep
the
Lands
of
those
which
are
convicted
of
Felony
,
but
for
a
yeare
and
a
day
,
and
then
the
Lands
shall
be
delivered
to
the
Lord
of
the
Fee
,
Magna
Charta
,
chap.
22.
see
Stamford
190.
If
the
Lord
entet
after
the
yeare
and
day
,
where
he
ought
to
have
a
Writ
to
put
him
in
,
the
King
shall
reseise
,
8.
Ed.
2.
tit
:
Trespasse
48.
The
King
shall
have
all
Chartells
of
Felons
condemned
and
fugitives
,
and
if
they
have
a
free-hold
,
then
that
forthwith
shall
be
taken
into
the
Kings
hands
,
and
the
King
shall
have
all
the
profits
by
a
yeare
and
a
day
.
And
that
the
Tenement
shall
be
wasted
and
destroyed
,
&c.
and
after
the
yeare
and
day
it
shall
be
given
to
the
cheif
Lords
,
Prerogative
,
chap.
16.
Rastall
5.
Note
that
a
man
shall
not
forfeit
his
Lands
in
no
case
but
where
Judgment
is
given
,
and
that
is
in
three
manners
,
that
is
to
say
,
Where
one
is
Outlawed
of
Felony
,
or
abjures
,
or
is
hanged
,
for
they
make
but
three
manner
of
Writs
of
Escheate
,
that
is
,
for
which
he
is
Outlawed
for
which
abjured
,
and
for
which
he
is
hanged
,
and
for
that
it
is
said
if
one
rise
against
the
King
and
is
slain
,
that
he
shall
not
forfeit
his
Lands
untill
he
be
afterwards
attaint
by
Parliament
,
as
in
use
,
7
H.
4.
fol.
33.
the
same
,
7
H.
4.
fol.
48.
See
Stamford
,
fol.
49.
The
King
shall
have
yeare
day
and
Waste
,
and
Chattells
forfeited
.
Fitzh
:
144.
It
seemeth
that
the
King
shall
have
yeare
day
and
waste
,
where
one
is
convict
of
Felony
,
and
that
is
the
next
yeares
profits
,
for
if
one
taketh
the
profits
that
yeare
and
day
,
the
Lord
shall
have
a
Writt
to
the
Sheriff
to
deliver
him
possession
,
and
he
which
hath
taken
the
profits
shall
answer
to
the
King
for
that
.
Fitzh
:
144.
N.
The
King
shall
have
the
escheat
of
Tenements
in
Cities
and
Borroughs
,
which
are
held
of
him
in
fee
farme
.
Fitzh.
6.
b.
The
King
as
it
appeares
by
the
Register
shall
have
a
Writ
of
escheate
returned
into
the
Kings
Bench
,
for
the
King
may
sue
in
what
Court
he
will
.
31.
Ed.
1.
tit
.
discent
17.
f.
If
the
Son
and
Heire
of
A.
be
Outlawed
in
the
time
of
his
Father
of
Felony
,
and
after
he
purchase
his
Charter
of
pardon
in
the
life
time
of
his
Father
,
and
after
the
Father
dies
,
he
shall
not
have
the
Lands
descended
from
his
Father
,
but
the
Lord
of
whom
they
are
held
by
escheate
.
9
H.
5.
fol.
9.
the
same
,
1.
Ed.
1.
tit
.
discent
15.
the
blood
is
corrupt
which
cannot
take
by
discent
.
26.
Of
the
booke
of
Assises
2.
If
the
Son
be
attainted
of
Felony
in
the
Life
time
of
his
Father
and
hanged
,
his
Sister
shall
have
the
Land
by
descent
from
the
Father
,
and
it
shall
not
escheate
.
46.
Ed.
3.
tit
.
discent
6.
If
the
Father
have
a
Son
and
a
Daughter
,
and
the
Son
be
attaint
of
Felony
in
the
life
time
of
his
Father
and
dieth
,
there
the
Daughter
shall
have
the
Land
,
and
if
he
survive
the
father
,
then
the
Lord
by
escheate
,
8
Ed.
1.
tit
.
Assise
421.49
.
book
of
Ass.
4.
3.
booke
Assise
,
Where
the
Tenant
grants
a
rent-charge
out
of
his
Land
,
and
after
that
escheates
,
the
Lord
shall
hold
this
charged
,
but
otherwise
it
is
where
a
Tenant
which
holds
of
the
King
,
chargeth
and
dieth
without
Heire
,
4
Ed.
4.
fol.
2.
If
that
be
found
by
Office
,
yet
it
cannot
be
.
Natura
brevium
,
103.
In
a
Writ
of
Escheat
it
is
no
Plea
that
he
died
not
seised
,
but
it
is
a
good
Plea
that
he
did
not
dy
his
Tenant
.
Fithz
.
144.
C
,
If
the
Tenant
be
disseised
,
and
after
dieth
without
Heire
,
it
seemeth
the
Lord
shall
have
a
Writ
of
Esch
eate
,
for
that
,
that
his
Tenant
died
in
his
Homage
,
2
H.
4.
fol.
ninth
,
the
same
.
Fitzh.
144.
If
a
man
be
beheaded
for
Felony
or
dy
after
Judgment
,
before
he
be
put
in
execution
by
the
Officer
,
yet
the
Writ
shall
say
,
for
which
he
was
hanged
,
Na:
Bre:
fol.
104.
the
same
.
11
H.
4.
fol.
16.
One
may
have
escheate
and
ward
before
he
be
seised
of
the
services
,
Littleton
106.
if
a
Signiory
be
granted
by
fine
.
See
2
and
3
Ed.
6.
chap.
8.
Where
one
hath
a
Rent
,
&c.
The
King
is
intitled
to
the
Land
by
attainder
,
and
that
is
not
found
in
the
Office
,
yet
he
himself
shall
have
his
Rent
by
the
Statute
.
And
it
is
to
see
now
,
where
a
forfeiture
shall
be
of
Goods
onely
and
not
of
Lands
,
and
where
not
.
ONe
indicted
that
he
killeth
one
(
in
defending
himself
)
by
Fairefax
he
shall
be
arraigned
and
shall
loose
his
Goods
,
21
Ed.
3.
fol.
18.
and
shall
not
forfeit
his
Lands
,
4.
H.
7.
fol.
2.
fol.
18.
Where
one
killeth
one
(
in
defending
himselfe
)
or
by
mischance
,
he
shall
forfeit
his
Goods
and
not
his
Lands
,
Stamford
fol.
45.
If
one
kill
another
by
misfortune
he
shall
forfeit
his
Coods
,
and
it
behoveth
that
he
have
his
pardon
of
grace
,
Stamford
,
fol.
185.
the
same
,
26
H.
6.
fol.
6.
the
same
,
and
he
shall
not
forfeit
his
Lands
,
2.
H.
4.
fol.
20.
One
arraigned
pleads
not
guilty
,
and
it
was
found
that
the
dead
struck
the
other
to
the
ground
,
and
for
haste
fell
upon
the
blade
of
him
that
lay
upon
the
ground
,
he
lying
upon
the
ground
shall
not
forfeit
his
Goods
,
but
if
it
were
found
that
he
kils
him
(
in
defending
himself
)
it
is
otherwise
,
44
Ed.
3.
fol.
44.
49.
Ed.
3.
fol.
5.
Where
a
man
is
indebted
to
a
man
attainted
by
specialty
,
the
King
shall
have
it
,
contrarily
if
it
be
without
specialty
,
for
the
Debtor
may
wage
his
Law
against
him
which
is
attainted
,
contrary
against
the
King
,
but
in
the
Exchequer
it
was
held
that
debt
to
be
forfeit
to
the
King
,
16.
Ed.
4.
fol.
4.
A
man
cannot
wage
his
Law
against
the
King
,
50.
Ed.
3.
fol.
1.
Stamford
183.
See
forfeiture
,
upon
he
made
his
flight
,
and
fol.
184.
upon
an
Exigent
awarded
,
and
fol.
185.
upon
a
Clerk
convict
,
and
fol.
187.
of
Lands
and
of
a
thing
in
action
and
so
further
of
Forfeiture
.
Clerke
convict
shall
forfeit
all
his
Goods
,
but
not
his
Lands
but
the
Clerke
attaint
shall
forfeit
his
Lands
,
40
Ed.
3.
fol.
42.
Fitzh
.
fol.
66.
yeare
,
20
Ed.
4.
fol.
5.
Clerke
convict
shall
forfeit
his
Goods
,
notwithstanding
that
after
he
makes
his
purgation
which
now
is
not
made
by
the
Statute
of
18.
Eliz.
chap.
7.
And
then
he
shall
forfeit
the
Issues
of
his
Lands
till
he
hath
made
his
purgation
8.
Ed.
2.
Forfeiture
34.
and
Stamford
,
fol.
185.
A
Clerk
convict
is
not
out
of
the
Law
as
an
Alien
is
,
for
his
Heire
shall
inherit
his
Lands
after
his
death
,
3.
H.
7.
fol.
12
and
21.
H.
7.
fol.
31.
A
Woman
out
of
her
wits
killeth
her
Husband
,
she
shall
forfeit
nothing
,
Stamford
,
fol.
45.
Where
a
man
distracted
kill
one
he
shall
forfeit
nothing
3.
Ed.
3.
forfeiture
25.
Executors
Outlawed
shall
not
forfeit
the
Goods
,
which
they
have
as
Executors
,
nor
by
attainder
of
Felony
,
32
:
H.
6.
fol.
34.
By
award
of
Exigent
in
Felony
,
though
he
be
acquitted
afterwards
,
his
Goods
are
forfeited
,
44
,
Ed.
3
:
fol.
17
:
and
Stamford
fol.
184.
D
:
22
booke
of
Assises
81.
By
award
of
Exigent
,
Goods
and
Profits
of
his
Lands
are
forfeited
if
the
Exigent
be
not
erroniously
awarded
,
Stamford
fol.
47.
If
one
be
indicted
upon
the
view
of
the
body
,
before
the
Coroner
,
of
death
,
all
his
goods
are
forfeited
,
though
that
he
be
acquit
afterwards
,
Stamford
,
fol.
45.
See
5.
H.
4.
13.
H.
4.
fol.
15.
If
a
man
be
convict
of
Heresie
,
and
be
delivered
to
the
Lay
power
,
his
Goods
are
forfeited
,
though
that
he
be
not
put
in
execution
;
but
his
Lands
he
shall
not
forfeit
,
unlesse
he
be
put
to
death
,
Doctor
and
Student
,
fol.
14.
One
killeth
himself
,
he
shall
forfeit
his
Goods
and
not
his
Lands
,
3
Ed.
3.
Tit.
Coron.
201.
8.
Ed.
2.
Tit.
Corone
.
420.
The
Goods
of
them
which
hang
themselves
are
confiscate
,
8.
Ed.
4.
fol.
4.
One
put
to
his
penance
shall
not
forfeit
his
Lands
but
Goods
,
14.
Ed.
4.
fol.
7.
For
petty
The
every
one
shall
forfeit
his
Goods
,
but
not
his
Lands
at
this
day
,
8.
Ed.
2.
Coron.
406.
22.
Book
of
Assises
,
41.
the
same
,
27.
H.
8.
fol.
27.
If
Tenant
in
Tail
be
attaint
of
Felony
or
Treason
,
he
shall
forfeit
his
Goods
,
but
his
Issue
shall
have
his
Lands
:
but
by
the
Statute
of
5
&
6.
of
Ed.
6.
chap.
11.
For
high
Treason
Tenant
in
Tail
shall
forfeit
his
Lands
,
7.
H.
4.
fol.
33.
By
Outlary
in
Debt
or
Trespasse
,
the
outlawed
shall
forfeit
his
Goods
but
not
his
Lands
but
the
King
shall
have
onely
the
profit
of
his
Lands
,
21.
H.
7.
fol.
7.
Yet
the
party
outlawed
may
make
a
Feoffment
,
and
it
is
good
,
9.
H.
6.
fol.
52.
verbatim
.
One
killeth
a
man
and
flies
,
therefore
his
Goods
are
presently
confiscated
;
and
see
Stamford
,
fol.
183.
Upon
a
making
flight
,
found
,
though
afterwards
he
be
acquited
,
he
shall
forfeit
his
Goods
,
8.
Ed.
2.
Coron.
390.
If
an
accessary
before
the
Felony
fly
,
he
shall
forfeit
his
Goods
,
but
otherwise
of
him
that
is
accessary
after
the
Felony
,
Stamford
,
fol.
47.
the
same
,
4.
H.
7.
fol.
19.
Where
in
arrest
for
Felony
,
one
is
slain
in
flying
the
arrest
;
he
which
is
slain
shall
forfeit
his
Goods
,
and
yet
he
was
not
attaint
,
Stamford
,
fol.
46.
Lands
which
a
man
attaint
hath
at
the
day
of
the
Felony
done
are
forfeited
,
but
no
Goods
,
but
those
which
he
hath
at
the
time
of
the
Judgement
.
By
an
Outlary
in
Felony
he
shall
forfeit
his
Chattels
;
but
if
one
give
them
before
the
exigent
they
are
not
forfeited
,
47.
Ed.
3.
fol.
24.
A
man
attainted
for
Felony
shall
forfeit
his
Lands
,
which
he
hath
at
the
day
of
the
Felony
done
,
otherways
it
is
of
his
Goods
;
for
if
he
sell
them
before
the
attainder
,
the
sale
is
good
:
but
note
,
that
they
are
not
given
by
Covin
to
defraud
the
Queen
,
for
then
the
Gift
is
not
good
,
as
I
intend
,
33
Ed.
3.
Tit.
30.
To
the
Goods
of
one
attaint
,
it
shall
have
relation
,
but
to
the
Judgement
and
Conveyance
of
them
before
is
good
,
by
Perkins
fol.
6.
If
one
commit
Felony
,
and
is
attaint
,
and
in
the
mean
time
betwixt
the
Felony
made
and
the
attainder
,
he
departs
with
his
Goods
,
this
Gift
is
good
,
Stamford
,
fol.
48.
the
same
,
Stamford
,
fol.
192.
The
Town
where
the
Goods
of
Felons
and
Fugitives
are
,
shall
answer
for
them
always
,
and
the
Sheriff
may
seise
the
Goods
,
but
not
carry
them
away
till
he
be
attainted
,
for
he
shall
have
them
to
live
upon
,
Stamford
,
fol.
47.
And
that
no
Sheriff
,
Rastal
,
forfeiture
14.
Bailiff
of
a
Franchise
,
nor
other
person
,
ought
to
take
or
seise
Goods
of
any
person
arrested
,
and
imprisoned
,
before
the
same
person
be
convict
or
attaint
of
Felony
,
according
to
the
Laws
,
or
that
the
same
Goods
be
otherways
forfeited
,
upon
pain
of
double
value
to
the
party
greived
:
and
note
,
who
is
the
party
greived
,
and
that
is
they
in
Prison
,
and
not
out
;
but
he
cannot
seise
his
Land
,
1
R.
3.
chap.
3.
By
Hull
,
where
a
man
is
indicted
of
Felony
,
his
Goods
shall
not
be
removed
out
of
his
house
,
before
he
be
attainted
,
for
he
shall
live
of
his
Goods
,
7.
H.
4.
fol.
48.
Officer
ought
not
to
seise
Chattels
of
a
Felon
before
attainder
,
but
to
sequester
them
that
they
shall
not
be
stolen
,
and
to
make
the
party
finde
Surety
,
that
they
shall
not
be
conveyed
away
,
and
if
he
do
not
,
to
put
them
into
the
hands
of
neighbours
to
keep
,
43
Ed.
3.
fol.
24.
See
Stamford
,
192.
for
the
time
of
Forfeiture
,
Relation
.
Now
for
that
,
that
diverse
Lords
of
Leets
have
diverse
Liberties
and
Pr●viledges
,
and
some
are
by
the
Kings
Grant
,
and
some
by
Prescription
;
let
us
see
what
Liberties
and
things
the
Lord
may
have
by
the
Kings
Grant
,
and
what
not
;
and
what
Liberties
and
things
he
may
have
by
Prescription
only
,
but
not
without
shewing
a
Charter
,
and
what
he
may
,
and
then
who
shall
have
without
shewing
allowance
,
and
who
not
.
THe
Lord
cannot
have
the
Goods
of
Felons
but
by
Charter
and
Grant
of
the
King
,
and
not
by
prescription
;
but
the
Lord
may
have
weif
and
stray
by
prescription
,
21
H.
7.
fol.
32.
One
cannot
prescribe
to
have
the
Goods
of
Felons
and
Fugitives
,
and
to
have
that
by
prescription
,
without
shewing
a
Charter
,
but
to
have
weif
,
and
stray
,
and
wreck
of
the
sea
,
he
may
have
by
prescription
onely
,
9.
H.
7.
fol.
20.
Abridg.
Assises
,
fol.
78.
2
Ed.
3.
Fitzh
.
Coron.
241.
One
may
have
(
in
fangtheef
)
that
is
to
say
,
to
have
Theives
taken
within
his
Lordship
,
to
be
adjudged
in
the
Lords
Court
;
and
also
(
out
fangtheef
)
that
is
to
say
,
Theives
of
your
own
Land
,
to
be
adjudged
in
your
Court
by
prescription
,
46.
Ed.
3.
fol.
16.
A
man
cannot
have
the
Goods
of
Outlaws
,
unless
it
be
by
Charter
.
Abridgement
of
the
Book
of
Assises
,
fol.
78.
Your
Lord
may
prescribe
to
hold
plea
,
and
to
have
that
by
prescription
onely
,
but
you
cannot
prescribe
to
have
Conusance
of
plea
by
prescription
onely
,
without
shewing
the
Charter
of
the
King
,
9
H.
7.
fol.
10.
One
may
prescribe
to
have
a
Park
and
a
Leet
,
and
that
by
prescription
onely
,
and
may
have
that
without
shewing
allowance
in
Eire
,
1.
H.
4.
fol.
5.
A
man
cannot
have
the
Chattels
of
Fugitives
without
the
Charter
of
the
King
,
for
it
is
a
thing
of
the
Kings
Prerogative
,
46.
Ed.
3.
fol.
16.
The
Abbot
of
Westminster
prescribes
to
have
Sanctuary
for
Felony
and
Treason
,
and
to
hold
pleas
,
and
could
not
,
without
shewing
a
Charter
dated
before
memory
,
to
prove
the
beginning
of
that
;
and
for
that
,
that
this
is
against
common
right
,
he
ought
also
to
shew
allowance
of
that
after
the
time
of
memory
:
but
he
may
have
weif
and
stray
,
and
view
of
Frank-pledge
by
prescription
onely
,
and
without
shewing
allowance
;
but
otherwise
it
is
to
have
the
Goods
of
Felons
and
Fugitives
,
2.
Ed.
4.
fol.
21
,
&
22.
Note
,
that
the
things
that
you
may
have
onely
by
prescription
of
common
right
,
you
shall
have
without
shewing
allowance
,
and
the
other
things
not
without
shewing
allowance
.
The
allowance
which
you
ought
to
shew
,
shall
be
that
which
was
allowed
in
the
Kings
Bench
,
or
in
Eire
,
and
not
in
the
Common
Bench.
Ancient
grant
of
the
King
shall
be
taken
,
as
it
hath
been
allowed
,
as
the
King
hath
granted
to
one
his
royall
Rights
,
and
the
King
is
concluded
by
the
allowance
in
a
Quo
Warranto
,
in
the
Kings
Bench
,
and
not
in
the
Common
Bench
,
10.
H.
7.
fol.
13
,
&
14.
Charter
of
H.
2.
dated
before
memory
,
and
allowance
of
that
shewed
after
memory
in
the
Common
Bench
;
it
is
not
good
at
this
day
,
unless
it
be
in
Eire
,
21.
H.
7.
fol.
29.
The
Kings
Bench
is
Eire
,
and
more
then
Eire
;
for
if
the
Kings
Bench
cometh
into
the
County
where
the
Commission
in
Eire
is
,
that
shall
cease
,
27.
Assise
,
1.
Grant
of
the
King
.
Where
the
King
hath
granted
to
you
by
his
Charter
(
the
Goods
of
Felons
)
and
Fugitives
,
what
things
pass
by
this
Charter
,
followeth
:
ALlowance
in
the
Common
Bench
is
not
good
,
and
allowance
shall
be
within
memory
,
9.
H.
7.
fol.
16.1
.
H.
7.
fol.
23.
In
the
time
of
H.
8.
Tit.
Grants
,
364.
If
the
King
grant
Reversion
,
and
mis-recite
the
date
of
the
Lease
,
but
recites
well
the
Estate
,
the
thing
,
and
the
name
of
the
Lessee
,
it
is
a
good
Grant
.
8.
H.
7.
fol.
4.
Where
the
King
upon
information
of
the
party
,
grants
a
Mannour
,
and
recites
that
he
had
it
by
Forfeiture
,
and
hath
it
not
by
Forfeiture
,
it
is
a
void
Grant
,
for
the
King
is
deceived
;
so
it
is
said
,
where
the
King
grants
a
Reversion
where
there
is
no
Reversion
,
he
is
deceived
and
void
.
26.
H.
8.
fol.
1.
The
King
recites
for
the
good
service
he
hath
done
in
the
Wars
,
he
grants
,
where
he
was
never
in
the
War
,
it
is
a
good
Grant
,
for
the
recitall
is
a
matter
in
deed
not
material
.
9.
H.
7.
fol.
27.
Where
the
King
grants
upon
a
Petition
for
his
service
,
such
a
Mannour
of
such
a
value
,
where
it
is
of
a
greater
,
he
is
deceived
,
and
it
is
void
.
9.
H.
7.
fol.
2.
If
the
King
makes
one
a
Denizon
,
and
reciteth
where
he
was
born
in
France
,
where
in
truth
he
was
born
in
Spain
,
this
Grant
and
making
him
Denizon
is
a
good
Grant
,
and
the
recitall
is
not
materiall
.
9.
H.
7.
fol.
2.
Diversity
where
the
King
of
his
meer
motion
,
grants
,
and
recites
,
that
what
he
hath
granted
by
his
Patent
,
he
ratifies
,
and
confirms
,
the
King
is
estopped
to
say
the
contrary
,
but
that
he
granted
and
ratified
that
:
but
if
it
were
(
as
I
am
informed
)
he
is
not
estopped
,
and
the
King
is
deceived
.
37.
H.
8.
Tit.
Patents
,
10.
It
is
said
for
Law
,
that
false
consideration
in
Letters
Patents
shall
not
avoid
them
;
as
where
the
King
for
ten
pounds
to
him
paid
,
giveth
such
Land
,
and
the
ten
pounds
consideration
is
not
paid
,
the
Patent
is
not
void
.
Contrary
of
a
Patent
made
upon
false
surmise
,
as
that
the
Land
came
to
the
King
upon
the
attainder
of
J.S.
and
it
is
false
,
the
Patent
is
void
.
6.
H.
7.
fol.
13.
If
an
Office
be
granted
by
the
King
to
one
for
life
,
and
after
the
King
grants
that
to
another
,
and
do
not
recite
the
first
grant
,
the
King
is
deceived
,
and
the
second
Grant
is
void
.
The
King
grants
to
you
(
the
Chattels
of
Felons
and
Fugitives
,
for
whatsoever
Offences
)
you
shall
not
have
the
Goods
of
one
that
stands
dumb
,
for
these
are
Forfeits
for
Contempt
,
and
this
Grant
shall
be
taken
strictly
,
because
it
rusheth
upon
the
Kings
Prerogative
,
8.
H.
4.
fol.
2.
The
King
grants
to
one
the
Chattels
of
Felons
and
Fugitives
,
and
of
whatsoever
Offenders
,
the
Granter
shall
have
the
Goods
of
him
attaint
for
petty
Treason
,
and
not
for
high
Treason
by
these
general
words
(
for
what
Offences
soever
)
22.
Book
of
Assises
,
40.
If
one
kill
the
Kings
Ambassadour
,
this
is
high
Treason
,
and
for
that
he
shall
not
have
his
Goods
,
but
Goods
of
one
attaint
for
petty
Treason
,
by
the
Grant
(
of
Goods
and
Chattels
of
Felons
and
Fugitives
,
and
for
whatsoever
Offences
)
he
shall
have
,
for
that
is
Felony
,
22.
Book
of
Assise
49.
Where
there
is
a
Grant
to
you
by
a
common
person
(
all
his
Goods
)
A
Lease
for
years
,
nor
a
Ward
pass
not
,
for
(
Goods
)
are
Moveables
,
alive
and
dead
,
and
not
Chattels
,
4.
Ed.
6.
Brook
Grants
,
51.
And
for
that
the
King
grants
(
all
the
Goods
of
Felons
)
you
shall
not
have
a
Lease
for
years
of
one
attaint
,
for
it
is
a
Chattell
real
,
Brook
,
Done
,
438.
Plowden
,
fol.
424.
Where
one
grants
all
his
Lands
and
Tenements
to
one
,
there
a
Lease
for
years
may
passe
,
where
the
King
grants
(
all
the
Goods
and
Chattels
of
Felons
of
his
men
)
that
is
but
his
own
Tenants
,
unlesse
it
be
an
ancient
Grant
,
and
the
Grant
put
in
use
of
other
Tenants
,
also
40.
Book
of
Assises
,
41.
If
one
grant
all
his
Goods
,
as
well
living
as
dead
,
a
Rent
charge
,
which
the
Grantor
hath
for
years
,
passeth
by
this
Grant
,
39.
H.
6.
fol.
37.
Where
Chattels
are
granted
to
one
,
by
this
he
hath
as
well
Chattels
moveables
as
not
moveables
,
for
a
Lease
for
years
is
within
this
word
Chattels
,
as
it
appears
by
Bracton
,
Stamford
,
fol.
44.
Prerogative
.
Where
Chattels
are
granted
to
one
,
he
shall
have
the
Corn
of
a
Felon
,
growing
upon
the
Land
of
a
Felon
,
at
the
time
of
the
Forfeiture
,
and
right
of
Actions
to
the
Goods
,
as
where
Goods
by
wrong
are
taken
from
a
Felon
,
and
where
one
is
indebted
to
a
Felon
by
Obligation
,
or
is
accountable
to
a
Felon
for
any
Receits
,
Stamford
,
45.
Prerogative
.
The
King
may
have
Debt
due
by
Obligation
to
a
Felon
,
and
not
which
is
due
by
Contract
,
16.
Ed.
4.
fol.
4.
Chattels
.
IF
a
Disseisor
sow
the
Land
,
and
sever
that
before
the
Disseisee
re-enter
,
the
Disseisee
cannot
take
the
Corn
,
for
they
are
Chattels
,
and
come
by
his
industry
,
but
otherwise
it
is
of
Trees
cut
by
the
Disseisor
,
and
made
in
Fagots
,
or
Grasse
made
in
Hay
,
which
come
by
the
Soil
,
5.
H.
7.
fol.
16.
and
2.
H.
7.
fol.
2.
the
same
.
39.
Ed.
3.
Tit.
The
Writ
is
of
Goods
and
Chattels
,
and
the
Count
of
Corn
,
and
ten
pounds
in
money
,
and
for
that
that
money
is
not
Goods
and
Chattels
,
he
abridged
that
.
7.
Ed.
6.
Tit.
Grants
,
55.
A
man
grants
all
his
Lands
and
Tenements
in
D.
a
Lease
for
years
doth
not
passe
,
that
is
,
where
he
hath
Lands
in
fee
in
D.
and
also
a
Lease
there
.
37.
H.
8.
Done
,
41.
It
is
said
for
Law
,
that
if
a
man
give
all
his
Lands
and
Tenements
in
D.
by
this
a
Lease
for
years
doth
not
passe
,
for
(
Lands
and
Tenements
)
shall
be
intended
,
Free-hold
at
the
least
.
10.
Ed.
4.
fol.
1.
If
an
Executor
give
all
his
Goods
and
Chattels
,
the
Goods
of
the
Teslator
do
not
passe
and
clear
,
the
Giver
shall
not
forfeit
them
.
28
H.
8.
fol.
4.
by
Elliot
,
If
a
man
give
all
his
Goods
and
Chattels
,
Hawks
nor
Hounds
do
not
passe
.
18
Ed.
4.
fol.
14.
For
that
they
are
of
a
wilde
Nature
.
9
H.
7.
Tit.
Grants
,
Brook
,
87.
If
a
man
hath
Lands
in
Lease
,
and
is
seised
of
other
in
fee
,
and
make
a
Feofment
of
them
both
,
and
Livery
onely
in
the
Land
in
fee
,
the
Land
for
years
doth
not
passe
.
8
Ed.
4.
fol.
4.
by
Pigot
.
Where
a
man
gives
to
me
a
Deed
of
Feofment
,
then
I
have
not
the
Land
,
that
is
but
a
Chattell
in
me
.
39
Ed.
3.
Tit.
Charters
,
6.
A
man
granteth
the
next
Advouson
to
J.S.
and
his
Heirs
,
it
is
but
a
Chattell
,
for
it
is
but
for
one
turn
;
the
same
Law
for
a
Lease
to
him
,
and
his
Heirs
for
twenty
years
,
136.
the
same
,
Book
of
Assises
,
22.
21
H.
7.
fol.
26.
A
man
seised
in
fee
maketh
a
Furnace
of
Lead
in
the
middest
of
his
House
,
which
was
fixed
to
the
Walls
,
and
died
,
the
Heir
shall
have
that
,
and
not
the
Executors
,
for
it
is
fixed
to
the
Free-hold
,
and
not
a
Chattell
;
the
same
Law
is
of
Fats
fixed
in
a
Brew-house
or
Dy-house
;
and
at
this
day
is
the
like
of
Glasse
,
though
there
it
was
held
the
contrary
;
but
it
seemeth
where
the
Termor
fixeth
such
things
,
he
may
take
it
within
the
Terme
,
but
after
the
Terme
not
;
and
the
Heir
shall
have
Table-dormants
,
and
those
things
which
cannot
be
attached
in
Assise
.
Stamford
,
45.
Chattels
are
as
well
Chattels
moveables
as
not
moveables
,
and
Leases
and
Chattels
are
the
Corn
growing
,
and
right
of
Action
,
and
an
Obligation
made
to
a
Felon
,
and
Money
out
of
a
Bag
,
and
Corn
out
of
a
Sack
,
are
Chattels
.
10
Ed.
4.
fol.
1.
It
seemeth
where
one
gives
all
his
Goods
and
Chattels
,
the
Charters
of
the
Giver
doth
not
passe
:
See
4
H.
7.
fol.
10.
38
Ed.
3.
Tit.
Charters
,
24.
It
seemeth
that
Charters
are
but
Chattels
.
8
Ed.
4.
fol.
4.
If
one
give
to
me
a
Deed
of
Feofment
,
whereof
I
have
not
the
Land
,
this
is
but
a
Chattell
in
me
.
21.
Ed.
4.
fol.
80.
Writings
may
be
laid
to
pawn
for
Money
borrowed
,
by
which
it
seems
that
Writings
are
Chattels
in
divers
Cases
.
37.
Assise
,
11.
A
Woman
hath
Execution
by
Statute-Marchant
of
Land
,
and
takes
a
Husband
,
this
is
a
Chattell
,
and
for
that
the
Husband
may
give
it
.
24.
Fd.
3.
Tit.
Charters
5.
by
Thorp
,
The
Escheator
may
seise
the
Ward
,
though
there
be
no
Office
found
,
for
it
is
a
Chattell
,
and
vested
in
the
King
without
an
Office
.
4.
H.
7.
fol.
10.
Where
Tenant
in
Tail
discontinues
and
dies
,
the
Deed
in
Tail
belongs
to
the
Heir
,
before
he
hath
re-continued
his
Estate
in
the
Land
,
and
it
is
no
Chattell
,
but
an
Inheritance
;
for
if
one
give
all
his
Goods
and
Chattels
he
shall
not
have
such
Deeds
.
Now
let
us
see
that
the
not
using
of
Priviledge
and
Liberty
is
the
cause
of
ceasing
of
that
,
and
where
not
:
I
intend
not
using
of
Liberty
,
which
is
for
the
benefit
of
the
party
,
this
is
no
cause
of
ceasing
,
but
where
it
is
for
the
Common-wealth
;
not
using
is
a
cause
of
ceasing
,
and
mis-using
is
a
cause
of
ceasing
for
ever
.
IF
one
have
Liberties
and
do
not
use
them
within
memory
,
all
is
gone
,
14.
H.
7.
fol.
1.
Not
using
of
the
Office
of
Clerk
of
the
Market
,
is
cause
of
ceasing
,
for
that
is
for
the
Common-wealth
,
2.
H.
7.
fol.
11.
By
Billing
,
by
mis-using
,
and
not
using
also
of
Market
shall
cease
,
2.
H.
7.
fol.
11.
&
15.
Ed.
4.
fol.
7.
Where
the
Abbot
of
S.
Albans
had
a
Gaol
by
Franchise
,
and
would
not
be
at
costs
with
the
Justices
of
the
Gaol-delivery
,
to
make
Delivery
of
Prisoners
,
and
kept
them
long
in
Prison
,
for
that
it
was
seised
into
the
Kings
hands
,
8.
H.
4.
fol.
17.
If
the
Lord
of
the
Franchise
refuse
to
do
a
thing
commanded
by
the
Court
,
as
to
bring
in
his
Prisoners
,
it
is
a
forfeiture
of
his
Liberty
,
contrary
where
it
is
commanded
by
proceffe
,
by
Hussey
.
If
a
Lord
refuse
to
do
right
,
or
misuse
his
Franchise
by
himself
or
by
his
Bailiff
,
or
Deputy
or
do
not
use
his
Franchise
,
that
shall
be
reseised
,
and
all
Lords
which
have
franchises
shal
attend
upon
the
Justices
of
Assise
in
person
,
or
by
their
Bailiffs
or
otherwise
they
shall
forfeit
their
Franchises
20.
Ed.
4.
fol.
5.
Confirmation
.
NOte
that
there
need
be
no
Confirmation
of
a
Charter
of
grant
of
Liberties
,
after
the
death
of
every
King
as
it
is
used
,
1.
R.
3
:
fol.
4.
But
otherwise
it
is
of
Officers
judiciall
,
33.
H.
8.
tit
203.
If
the
King
grant
the
Chattells
of
Felons
to
one
and
dies
,
there
need
no
confirmation
of
that
,
otherwise
if
there
were
a
Faire
or
a
Market
granted
,
or
a
judiciall
thing
or
a
ministeriall
Office
granted
.
Suit
.
Then
the
next
branch
of
Charge
is
Suitors
and
for
that
let
us
see
,
who
are
resident
which
ought
to
make
Suit
at
the
Leet
and
who
not
.
SUite
reall
is
at
a
Leet
,
Eitzh
,
160.
B.
A
man
which
is
not
resident
but
hath
Lands
within
the
Leet
,
shall
not
be
destreined
,
(
but
where
he
is
dwelling
)
to
make
sute
to
the
Leet
,
Marlebridge
chap.
10
,
Who
have
Tenements
in
diverse
Hundreds
,
have
no
necessity
to
come
to
these
Turnes
,
unlesse
in
the
Bailywicks
where
they
are
dwelling
where
the
Master
is
resident
,
and
also
his
Servant
in
some
Leet
as
well
the
Master
as
the
Servant
,
2
H.
4.
fol.
17.
Men
of
Religion
,
Clerkes
,
Knights
,
nor
Women
shall
not
be
Deciners
,
Fitzh
,
fol.
160.
C.
Register
,
fol.
181.
Britton
fol.
19.
It
is
provided
,
that
they
have
no
need
to
come
,
Rast.
County
2.
Arch-Bishops
,
Bishops
,
Abbots
,
Priors
,
Earles
,
Barons
,
nor
any
religious
Men
,
or
Women
,
Marlebridg
chap.
10.
A
man
shall
not
make
Suite
twice
to
two
Leets
of
severall
men
for
his
residency
,
but
one
time
to
one
and
another
day
to
another
he
may
,
but
one
may
come
twice
to
the
Leet
of
one
person
,
and
yet
may
be
charged
to
come
to
the
Turne
of
the
Sheriffe
,
18
H.
6.
fol.
13.
Every
man
ought
to
be
attendant
to
a
view
of
frankpledge
,
21
Ed.
3.
fol.
12.
For
that
the
not
scowring
of
Ditches
adjoyning
to
High
waies
and
Bridges
,
and
also
other
annoyances
in
waies
are
presentable
in
Leets
,
and
is
another
branch
of
the
Charge
,
let
us
see
how
they
shall
be
done
and
what
by
the
Common
Law
and
what
now
by
the
Statutes
.
Waies
.
IF
a
man
have
Land
adjoyning
to
the
Kings
High
way
he
is
charged
of
common
right
to
cleanse
the
Ditches
without
any
prescription
,
Magna
Charta
,
Rastall
.
Bankes
2.
Bridges
.
Rastall
.
Bridges
1.
chap.
15.
No
Town
nor
Free-man
shall
be
distreined
to
make
Bridges
unlesse
that
of
old
they
use
to
make
them
in
the
time
of
King
H.
our
Grand-Father
,
the
Statute
of
22
H.
8.
chap.
5.
Gives
power
to
the
Justices
of
Assise
to
determine
the
making
of
Bridges
,
where
it
cannot
be
held
and
proved
what
person
certaine
ought
of
right
to
make
such
decaied
Bridges
,
and
what
shall
be
made
by
the
Inhabitants
,
or
riding
where
such
decayed
Bridges
are
,
by
which
it
appeares
,
that
he
which
hath
Land
adjoyning
to
a
Bridge
,
is
not
chargeable
to
make
the
Bridge
unlesse
it
be
by
prescription
.
By
Moyle
if
any
incroachings
be
made
over
the
Kings
Way
as
by
a
Ditch
,
House
,
or
Wall
,
it
shall
be
punished
by
presentment
in
the
Leet
,
and
I
collect
upon
the
opinion
of
this
book
,
and
upon
8.
Ed.
4.
fol.
9.
And
upon
27.
H.
6.
fol.
9.
and
upon
6.
Ed.
3.
way
2.
Where
a
Lord
of
a
Mannor
hath
Land
upon
both
parts
of
a
High
way
,
that
he
shall
have
the
Trees
growing
in
the
High
way
,
and
also
where
a
way
is
over
a
waste
of
the
Lords
,
Britton
fol.
111.
Saith
,
that
a
Frec-holder
shall
have
Trees
if
it
be
not
in
the
common
High
way
.
He
which
doth
not
scowre
his
Ditches
adjoyning
to
a
Highway
,
Ras
.
High
waies
6.
ought
to
forfeit
for
every
rod
not
made
12
pence
every
time
18.
Eliz.
chap
10.
and
before
that
by
the
common
Law
he
which
had
Land
adjoyning
to
the
High
way
,
ought
to
scowre
his
Ditches
adjoyning
to
the
High
way
.
It
is
provided
that
the
Hedges
,
Fences
and
Ditches
next
to
either
part
of
the
High
waies
or
common
travelling
Waies
,
shall
be
from
time
to
time
scowred
and
repaired
,
Eliz.
c.
13.
Commission
may
be
awarded
for
not
repairing
Bridges
,
Fitzh
113.
a.
and
127.
d.
By
Shelley
,
If
one
do
not
clense
his
Ditch
but
suffer
that
to
drownd
the
high
way
he
shall
be
amerced
,
12.
H.
8.
fol.
19.
And
note
that
injuries
made
in
the
High
way
are
presentable
in
Leet
,
as
it
follows
,
but
not
injuries
in
private
waies
,
but
the
party
greived
shall
have
an
Assise
of
Nusance
or
an
action
upon
the
case
,
if
he
have
no
free-hold
,
and
yet
it
is
used
to
inquire
if
one
stop
private
way
,
but
it
is
to
no
purpose
,
if
it
be
not
for
evidence
in
an
Assise
of
Nusance
as
an
inquest
of
Office
,
but
it
seemeth
to
be
good
between
Copy-holders
,
which
cannot
have
an
Assise
of
Nusance
;
nor
an
action
upon
the
case
for
stopping
a
way
and
the
paine
upon
that
is
good
to
be
assessed
.
By
Fairefax
,
A
Leet
hath
power
to
inquire
of
common
annoyances
,
but
not
of
particuler
,
as
if
one
stop
my
private
way
,
or
breake
my
Close
,
that
is
not
inquirable
,
A.
3.
fol.
1.
If
a
High
way
be
not
repaired
,
so
that
I
be
damnified
by
miring
my
Horse
,
I
shall
not
have
an
Action
for
that
,
but
a
presentment
shall
be
of
that
in
a
Leet
,
see
27.
H.
8.
fol.
27.
and
5.
Ed.
4.
fol.
3.
If
one
sow
my
private
Way
to
my
Meadow
,
I
shall
have
an
Assise
of
Nusance
;
and
it
is
not
presentable
in
Leet
,
and
where
he
streigrens
it
,
action
upon
the
case
lieth
,
33.
H.
9.
fol.
29.
The
same
Law
of
my
way
stopt
to
the
Church
,
6
Ed.
4.
fol.
37.
If
one
stop
the
water
running
to
my
Mill
,
I
shall
have
an
Assise
of
Nusance
and
it
is
not
presentable
in
Leet
,
2.
H.
4.
fol.
12.
The
Free-hold
of
a
High
way
is
to
the
Lord
,
and
passage
for
the
People
is
to
the
King
,
and
punishment
for
annoying
of
that
may
be
to
the
Leet
,
6
Ed.
3.
way
2.
and
2.
Ed.
4.
fol.
9.
In
a
High
way
,
the
King
hath
but
passage
for
him
and
his
People
,
but
the
Free-hold
and
all
the
profits
are
to
the
Lord
of
the
Soile
,
as
Trees
,
&c.
the
King
shall
punish
annoyance
made
there
,
and
the
Lord
shall
have
an
action
for
digging
the
Land
there
,
27.
H.
6.
fol.
9.
and
8.
Ed.
4.
fol.
9.
He
which
hath
Lands
adjoyning
to
the
way
hath
the
half
of
the
way
,
unlesse
it
be
a
common
High
way
,
for
there
it
is
otherwise
,
for
there
it
is
to
the
Lord
,
Britton
fol.
111.
Kings
High
way
is
that
which
leadeth
from
Town
to
Town
,
and
common
way
is
that
which
leadeth
from
a
Town
to
the
Feild
to
their
Lands
,
3.
Ed.
3
Statham
.
Tit.
Wayes
.
It
seemeth
there
are
royall
Wayes
,
or
High
waies
,
common
waies
,
and
private
waies
,
and
to
stop
private
waies
an
action
lies
.
Fitzh
124.
If
one
be
disturbed
from
his
way
he
shall
have
a
Quod
permittat
,
B.
to
have
a
certaine
way
over
the
Land
of
the
said
A.
in
D.
as
he
ought
and
was
wont
.
33.
H.
6.
fol.
29.
It
seemeth
where
my
way
is
straitned
or
impaired
I
shall
have
an
action
upon
the
case
,
but
if
it
be
all
stopt
I
shall
have
an
Assise
of
Nusance
,
but
by
Prisot
,
if
the
stopping
of
the
way
be
by
the
Land
Tenant
,
Assise
of
Nusance
lieth
,
But
if
it
be
by
a
stranger
an
action
upon
the
case
lieth
,
but
of
a
common
annoyance
that
is
made
in
the
Royall
way
,
none
shall
have
an
action
but
present
that
in
a
Leet
,
or
_____
and
set
a
Fine
upon
him
for
the
King
,
and
by
Prisot
I
shall
have
an
Assise
of
Nusance
or
a
Quod
permittat
,
against
all
the
Tenants
,
though
but
one
of
them
stop
the
way
.
5.
Ed.
4.
fol.
3.
If
a
common
way
be
,
and
is
not
repaired
by
him
which
ought
to
do
it
,
so
that
I
be
in
losse
by
that
,
I
shall
not
have
an
action
;
but
by
way
of
presentment
in
Leet
,
&c.
27
H.
8.
fol.
32.
see
there
.
Fitzh
184.
Assise
of
Nusance
,
he
stopped
the
way
or
straitned
the
way
in
D.
to
the
hurt
,
&c.
it
lieth
,
48.
Ed.
3.
fol.
27.
Arctavit
viam
a
good
forme
.
11.
H.
4.
fol.
81.
&c.
Where
one
hath
a
way
over
a
Bridge
to
his
Mannor
,
which
another
ought
to
repaire
,
and
he
suffers
a
decay
,
so
that
he
cannot
passe
,
action
upon
the
case
lieth
.
Fitzh
183.
Assise
of
Nusance
lieth
where
a
man
hath
made
an
annoyance
to
my
Free-hold
which
I
have
for
my
life
in
Taile
,
or
in
Fee
,
and
so
it
followeth
that
a
Termer
for
yeares
shall
not
have
an
Assise
but
an
action
upon
the
case
,
see
,
27.
H.
3.
tit
.
Assise
437.
If
one
let
Lands
for
yeares
,
and
after
an
annoyance
is
made
,
the
lessor
shall
have
an
Assise
and
not
the
Lessee
.
11.
H.
4.
by
Hanke
and
Culpepper
if
a
man
hath
a
way
,
unity
extincts
it
,
3.
H.
6.
fol.
42.
21.
Booke
of
Assises
1.
Where
a
way
is
extinct
by
unity
of
possession
in
the
Father
yet
it
may
be
afterwards
revived
by
partition
with
Composition
,
for
the
Composition
makes
that
,
and
it
is
called
a
new
way
.
5.
H.
7.
fol.
7.
A
Way
belonging
cannot
be
made
in
grosse
by
grant
,
for
none
may
have
the
Commodity
of
that
,
but
he
which
hath
the
Land
to
which
the
Way
is
appendant
,
the
same
Law
of
common
appendant
,
but
otherwise
it
is
common
appurtenant
.
26
H.
8.
fol.
4.
Appendant
cannot
be
aliened
and
severed
in
Drifts
and
Waies
to
Closures
,
yet
the
Free-Holder
shall
have
the
Trees
,
but
commonly
in
high
way
there
is
some
waste
in
which
the
Tenants
have
common
of
pasture
,
and
the
Trees
growing
there
are
to
the
Lord
of
the
Mannor
.
17.
Ed.
3.
fol.
43.
Is
,
that
the
Free-hold
and
the
Soile
of
a
high
street
is
in
the
Lord
of
the
Mannor
,
and
the
People
have
nothing
there
but
the
passage
,
and
8
H.
7.
fol.
5.
by
Keble
,
the
Soile
and
Free-hold
in
the
way
is
to
those
which
have
Land
adjoyning
.
2.
Ed.
4.
fol.
9.
Where
there
is
a
common
way
throughout
a
Feild
,
the
Free-hold
of
the
Soile
is
to
the
Tenant
of
the
Land
adioyning
and
not
to
the
King
,
for
he
hath
but
passage
for
his
People
.
Incidents
.
A
Man
cannot
dispence
with
a
Suite
to
a
Leet
unlesse
by
speciall
words
,
8.
Ed.
2.
tit
.
28
2.
H.
7.
fol.
4.
Partition
is
made
of
foure
Mannors
which
descend
to
foure
coparceners
,
that
every
one
shall
have
a
Mannor
except
the
Advowson
,
and
by
that
the
Advowson
is
ingrosse
and
severed
,
and
if
all
dy
but
one
,
it
shall
be
appendant
again
.
8
H.
7.
fol.
1.
By
grant
of
a
hundred
,
Leet
passeth
as
Incident
,
for
a
Hundred
cannot
be
without
a
Leet
,
for
a
Leet
is
parcell
of
it
,
and
to
a
Mannor
a
Court
Baron
is
Incident
and
to
homage
fealty
,
and
to
a
Faire
a
Court
of
Pipouders
,
and
it
seemeth
these
cannot
be
severed
.
Perk.
fol.
22.
Common
appendant
cannot
be
severed
,
nor
Estovers
to
be
burned
in
a
House
,
but
a
Villian
regardent
may
be
severed
,
and
an
Advowson
appendant
and
made
in
grosse
,
for
an
Incident
inseperable
cannot
be
severed
by
grant
,
as
in
the
case
next
before
,
but
Incidents
seperable
may
be
.
40
Ed.
3.
fol.
22.
Beasonable
aid
,
to
make
his
Son
Knight
or
to
marry
his
Daughter
and
releife
,
for
soccage
after
the
death
of
his
Tenant
cannot
be
released
by
generall
words
,
therefore
release
of
all
actions
and
demands
besides
fealty
and
Rent
by
the
Lord
to
the
Tenant
,
shall
not
extinct
these
Incidents
,
the
contrary
is
said
,
if
it
be
by
speciall
words
.
19.
H.
8.
tit
.
Incidents
34.
Court-Baron
is
so
incident
to
a
Mannor
and
Court
of
Pipowders
to
a
Faire
,
that
they
cannot
be
severed
by
grant
,
for
if
they
grant
the
Mannor
or
Fair
they
cannot
reserve
such
Courts
.
7.
Ed.
4.
fol.
11.
Lord
and
Tenant
,
the
Lord
releaseth
to
the
Tenant
the
distresse
,
this
is
void
,
for
the
distresse
is
Incident
,
the
same
of
release
of
Fealty
to
him
which
holds
by
Homage
,
for
Fealty
is
Incident
to
Homage
and
is
inseperable
.
26.
booke
of
Assises
66
Lord
and
Tenant
by
Fealty
,
Escuage
and
Rent
,
and
the
Lord
grants
the
Rent
,
this
is
Rent
seek
and
severed
,
for
Fealty
remaines
with
the
Homage
as
Incident
to
it
,
the
same
Law
where
a
Rent
is
Incident
to
a
Reversion
,
and
yet
these
may
be
severed
by
speciall
grant
,
29.
booke
of
Assises
20.
the
same
,
Littl.
fol.
40.
Where
the
Tenant
holds
by
Homage
Fealty
and
Rent
,
if
the
Lord
grant
the
Rent
,
saving
to
him
the
Homage
,
this
Rent
is
Rent
Seck
and
severed
,
the
same
Law
if
he
grant
the
Homage
,
saving
the
Rent
,
and
where
he
holds
by
Rent
and
Fealty
,
and
grants
the
Rent
saving
the
Fealty
,
or
left
for
life
rendring
Rent
,
and
grants
the
Rent
saving
the
Reverson
,
the
Rent
is
Seck
.
Rescous
and
pound
breach
is
another
branch
of
the
Charge
.
HE
which
destraines
Beasts
may
put
them
in
a
close
House
if
he
will
give
them
meate
,
for
the
putting
into
the
open
pound
is
that
the
owner
may
give
them
meate
,
33.
H.
8.
tit
distresse
66.
If
a
man
destraine
without
cause
,
the
owner
may
make
Rescous
,
but
if
he
put
them
into
the
pound
,
he
cannot
breake
it
,
for
they
are
in
custody
of
the
Law
,
see
40.
Ed.
3.
fol.
33.
and
Fitzh
fol.
102.
E.
It
seemes
if
a
Lord
destrain
where
Rent
is
not
behinde
,
the
Tenant
shall
not
make
Rescous
,
4
Ed.
6.
tit
.
distress
74.
If
a
man
destraine
wrongfully
,
the
owner
may
make
Rescous
,
5.
Ed.
4.
fol.
7.
by
Danby
,
39.
Ed.
3.
tit
20.
If
Beasts
put
into
the
pound
dye
,
it
is
at
the
losse
of
the
owner
,
though
he
have
tendred
sufficient
mends
,
for
he
might
have
a
Replevin
,
Doctor
and
Student
,
fol.
8.113
.
I
may
impound
a
dead
thing
where
I
please
,
but
if
that
corrupt
by
my
default
I
shall
answer
for
it
,
9.
Ed.
4.
fol.
2.
Fitzh
102.
L
,
If
the
Lord
do
destraine
where
is
no
Rent
nor
service
behinde
,
the
Tenant
cannot
make
Rescous
.
9.
Ed.
3.
fol.
35.
If
a
man
destraine
wrongfully
,
the
owner
of
the
Beasts
may
make
Rescous
,
but
by
4.
Ed.
6.
it
was
agreed
,
if
he
destraine
and
impound
them
the
owner
cannot
take
them
out
,
for
they
are
in
custody
of
the
Law
,
5.
Ed.
4.
fol.
by
Danby
the
same
.
2.
H.
4.
fol.
18.
If
a
man
destraine
my
Beasts
,
which
escape
into
his
Land
out
of
the
great
waste
,
I
may
rescue
them
,
but
if
I
keep
them
,
or
put
them
there
,
or
by
Hankford
,
if
I
have
notice
,
that
they
use
to
go
there
,
this
is
no
escape
,
and
there
I
ought
not
to
make
Rescous
,
see
,
7.
H.
7.
tit.
1.
2.
H.
4.
fol.
24.
In
Rescous
,
nothing
behinde
,
and
also
that
he
was
never
seised
and
are
good
Pleas
,
Quere
.
5.
Ed.
4.
fol.
7.
Seising
is
not
Traversable
in
Rescous
by
opinion
there
,
6.
Ed.
4.
fol.
12.
The
same
,
8
H.
4.
fol.
1.
21.
H.
4.
fol
40.
By
the
Court
where
the
Lord
comes
to
destraine
and
sees
the
Beasts
,
and
the
Tenant
perceiving
that
,
chaseth
the
distresse
out
of
his
Fee
,
the
Lord
shall
not
have
a
Writ
of
Rescous
,
for
he
hath
no
possession
of
the
Beasts
,
but
he
may
follow
them
and
destraine
them
,
but
if
they
were
chased
out
of
his
Fee
before
the
Lord
see
them
,
there
he
cannot
destraine
them
,
44.
Ed.
3.
f.
20.
the
same
,
Fitzh
N.
B.
102.
G.
33.
H.
6.
fol.
58
,
A
man
attacheth
a
Horse
in
a
corporate
Town
,
and
there
he
is
rescued
,
and
chased
into
another
County
,
upon
fresh
Suite
the
Officer
may
take
him
againe
.
6.
Ed.
4.
fol.
12.
By
Yelverton
,
in
Rescous
,
nothing
behinde
is
no
Plea
,
for
if
the
Lord
destraine
,
where
no
service
is
behinde
,
the
Tenant
is
at
no
mischeife
for
the
Tenant
may
have
a
Replevin
,
and
in
this
Writ
recover
his
damages
.
Fitzh
101.
Rescous
lieth
where
a
man
destraines
for
Rent
or
for
services
or
damage
doing
,
and
those
would
impound
,
and
another
Rescues
them
,
and
if
a
Collector
or
under
Collector
distreine
for
a
fifteenth
or
a
Bailiff
or
a
Sheriff
or
other
Officer
distraine
for
the
King
,
and
Rescous
is
made
,
they
shall
have
a
Rescous
and
not
the
King
,
but
if
a
Bailiff
of
a
Liberty
distraine
for
the
King
and
Rescous
is
made
,
the
Lord
of
the
Liberty
shall
have
Rescous
,
and
if
the
Bailiff
or
Officer
of
a
common
person
distraine
,
Rescous
is
made
,
he
which
causeth
the
distresse
to
be
made
,
shall
have
Rescous
.
39.
H.
6.
fol.
42.
Redisseisin
to
Coroners
,
and
one
alone
maketh
a
precept
,
Rescous
upon
that
is
Justificable
.
Assaults
and
Fraies
.
For
that
,
that
Assaults
and
Fraies
are
inquirable
,
let
us
see
which
are
punishable
in
a
Leet
,
and
what
not
.
AS
Saults
are
not
inquirable
and
punishable
,
by
presentment
in
Leet
,
but
blood-shed
is
,
8.
Ed.
4.
fol.
5.
By
Fairefax
,
Leet
hath
no
power
to
inquire
,
but
of
those
which
make
common
annoyance
at
the
common
Law
;
as
of
Affraies
and
blood-shed
,
but
not
if
one
hath
broken
my
Close
,
or
if
one
hath
beaten
me
,
but
if
any
Affray
were
,
so
that
the
Kings
People
were
disturbed
,
for
that
is
more
then
particuler
,
1
R.
3
,
fol.
1.
If
one
come
to
make
a
Boothe
,
and
doth
it
not
,
and
yet
one
maketh
a
Fray
upon
him
,
and
upon
him
draw
blood
with
his
Sword
or
Dagger
,
it
is
punishable
by
presentment
in
Leet
,
11
H.
6.
fol.
29.
If
one
assault
to
beat
you
,
and
you
fly
and
he
inclose
you
,
or
if
you
be
at
Hedge
or
Ditch
and
then
you
beat
him
and
wound
him
,
this
is
not
punishable
in
a
Leet
,
34
H.
6.
fol.
8.
and
33.
H.
6.
fol.
20.
If
J.
S.
makes
an
Assault
upon
a
Stranger
,
and
J.
D.
draws
his
Sword
and
beats
and
wounds
J.
S.
in
defence
of
the
Stranger
,
this
is
punishable
by
a
presentment
in
a
Leet
.
But
if
a
Servant
beat
and
wound
one
which
maketh
an
assault
upon
his
Master
in
defence
of
his
Master
,
he
is
not
punishable
by
presentment
in
Leet
,
12
H.
8.
fol.
3.
and
9
Ed.
4.
fol.
51.
If
one
lay
his
hands
unlawfully
upon
any
,
unlesse
that
he
arrest
him
,
or
part
two
that
fight
,
he
is
a
trespassor
,
but
that
is
not
punishable
by
presentment
in
Leet
,
9
Ed:
4.
fo.
3.
If
one
beat
one
in
defence
of
his
Goods
this
is
not
punishable
in
a
presentment
in
Leet
,
Booke
of
Entries
fol.
553.
and
19.
H.
6.
fol
21.
Trespss
of
Assaults
and
Fraies
.
TRespass
by
a
Chaplain
of
Grayes
Inne
,
the
Defendant
pleads
of
his
own
Assault
,
and
it
was
held
,
if
he
upon
whom
the
Assault
is
made
can
escape
with
his
life
,
it
is
not
lawfull
for
him
to
beate
the
other
which
made
the
Assault
,
but
it
is
held
,
that
I
ought
not
to
stay
,
till
the
other
hath
given
me
a
blow
,
for
paradventure
he
commeth
too
short
,
2
H.
4.
fol.
9.10
.
Ed.
4.
fol.
7.
Trespasse
of
Grassetrod
,
and
threatning
of
life
and
member
,
a
man
cannot
justifie
the
menace
of
death
,
and
for
that
to
that
he
pleads
not
guilty
,
21
H.
6.
tit.
26.
the
same
.
33
H.
6.
fol.
20.
Trespasse
of
Threatning
by
Prisot
,
I
cannot
threaten
one
of
Life
and
Member
,
but
if
he
upon
whom
the
Assault
is
made
fly
,
and
the
other
followeth
him
so
neere
that
he
cannot
escape
,
or
hath
him
under
him
upon
the
Ground
,
or
hath
chased
him
to
a
Wall
,
Hedge
,
Water
,
or
Ditch
,
there
it
is
lawfull
for
him
to
say
,
if
you
will
not
depart
that
he
to
save
his
Life
will
kill
him
.
3
H.
4.
fol.
8
Trespasse
of
Assault
,
Imprisonment
and
Battery
,
Defendant
plead
to
the
Battery
not
guilty
,
and
to
the
Assault
,
that
the
Plantiff
came
to
such
a
River
;
where
the
Defendant
had
a
Mill
,
and
would
have
stopt
the
River
,
and
the
Defendant
took
him
by
the
Arme
,
without
that
,
that
he
made
other
Assault
,
and
to
the
Imprisonment
,
the
Defendant
pleads
that
the
Plantiff
Assaulted
him
,
and
would
have
beate
him
,
by
which
he
prayed
the
Constable
to
arrest
him
,
and
he
came
in
aid
of
him
,
judgment
if
action
and
good
.
22
H.
6.
fol.
48.
Trespasse
of
a
Servant
beaten
and
Entry
into
his
House
,
yeare
7
H.
6.
Defendant
saith
that
yeare
8
H.
6.
he
served
a
Subpena
,
upon
the
Plaintiff
,
and
that
the
Plaintiff
and
the
Servant
took
him
,
and
carried
him
to
his
House
and
there
deteined
him
half
a
day
which
is
the
same
Trespasse
,
and
to
any
Trespasse
before
not
guilty
,
to
the
Battety
of
his
Servant
,
which
was
of
his
Assault
at
another
day
and
to
any
Assault
before
not
guilty
.
Bracton
saith
,
he
is
not
worthy
of
Peace
,
which
will
not
keep
it
,
Stamford
fol.
30
a.
40
Ed.
3.
fol.
40.
Trespasse
of
Assault
and
Battery
and
found
the
Assault
only
,
and
Plaintiff
recover
,
but
shall
not
have
action
of
Assault
only
,
42
Ed
3
fol
7
the
same
,
and
see
22
Assise
60.
9
Ed
4
fol
30
Trespasse
of
Battery
,
it
was
held
that
if
a
man
will
take
my
goods
,
I
may
lay
my
hands
upon
him
,
and
rather
beate
him
then
suffer
him
to
carry
them
away
,
19
H.
6.
fol.
33
the
same
,
that
he
may
beat
one
in
defence
of
his
Goods
.
19
Ed
4
fol
189
Trespasse
of
Battery
,
a
man
may
Justifie
the
beating
of
another
in
his
defence
but
by
Catesby
a
man
cannot
beat
another
in
defence
of
his
Son
,
but
a
Servant
may
beat
one
in
defence
of
his
Master
or
Mistris
,
21
H
7
fol
39.
the
same
.
Mortmaine
.
Mortmaine
is
inquirable
in
a
Leet
,
for
that
it
is
for
the
benefit
of
the
King
and
in
the
Kings
Court
.
What
is
Mortmaine
within
the
Statute
and
what
not
.
WHere
one
Abbot
aliens
to
another
Abbor
,
or
Bishop
to
another
Bishop
and
his
Successor
,
it
is
Mortmaine
,
Fitzh
fol
,
222
,
D.
16
,
Assise
1.
Where
Land
is
divised
to
one
to
pay
twelve
pound
to
finde
two
Chaplaines
for
ever
to
sing
in
the
Church
of
Saint
Albanes
in
Wood
street
for
ever
,
if
it
be
behinde
,
that
the
Chaplaine
may
distraine
,
that
is
Mortmaine
,
see
32
,
Ed
,
3
,
10
,
and
40.
Assise
29.
J.
S.
deviseth
certaine
Land
to
his
Executors
,
that
they
should
provide
a
fit
Chaplaine
in
the
Church
of
D.
to
celebrate
for
ever
,
which
Chaplaine
,
shall
receive
yearly
out
of
the
aforesaid
Lands
six
markes
,
that
is
no
Mortmaine
,
for
nothing
is
divised
to
the
Chaplaine
,
4
,
Assise
27.43
,
Assise
27.
Foure
Acres
were
devised
to
one
in
Fee
,
so
that
he
and
his
Heires
should
pay
yearly
six
pound
for
the
maintaining
of
one
Chaplaine
to
celebrate
yearly
for
ever
in
the
Church
of
Saint
Leonards
in
Estcheape
,
and
that
the
Rector
for
the
time
may
levie
it
for
ever
,
that
is
Mortmaine
,
43
Assise
33.
J.
S.
deviseth
Land
and
two
shillings
Rent
,
for
the
maintaining
of
a
Chaplaine
in
the
Church
of
D.
yearly
to
celebrate
,
and
I
will
that
my
Executors
should
ordaine
the
aforesaid
Chaplaine
,
and
the
Executors
do
nothing
,
therefore
no
Mortmaine
,
43
Assise
34.
If
a
Villain
of
a
Bishop
purchase
Lands
in
Fee
,
and
the
Bishop
enter
without
license
it
is
Mortmaine
,
41
of
Assises
4
,
Fitzh
224
,
B.
41
,
Ed.
3.
fol
16.
If
a
Feoffment
be
made
to
the
use
of
a
Bishop
and
his
Successors
,
it
is
within
the
Statute
,
De
religiosis
,
and
so
it
is
where
he
takes
profits
,
8
,
Ed:
4.
fol.
18.
A
Bishop
cannot
appropriate
an
Advowson
of
which
he
is
seised
in
Fee
without
the
Kings
license
,
and
if
he
doth
it
is
Mortmaine
,
Fitzh
223
H.
see
21
Ed.
3.
fol
,
5.
seemeth
contrary
.
If
one
let
to
a
religious
man
for
a
hundred
yeares
,
and
so
from
a
hundred
to
a
hundred
,
during
eight
hundred
yeares
,
this
is
Mortmaine
,
but
it
seemeth
that
a
lease
to
a
Religious
man
for
eighty
years
or
for
a
hundred
yeares
is
no
Mortmaine
,
but
in
the
first
case
it
is
by
colour
of
a
Tearme
,
and
Mortmaine
29
H
,
8
,
Mortmaine
,
39.
Lease
for
eighty
years
to
an
Abbot
by
Martin
is
Mortmain
,
Quere
,
4
H.
6.
fol.
9.
The
Tenant
lets
for
life
to
J.
S.
the
Remainder
to
a
Religious
and
his
Successors
,
the
Lord
need
not
to
make
claime
till
the
Tenant
for
Life
be
dead
,
for
if
he
in
Remainder
will
wave
,
this
is
no
Mortmaine
,
for
if
the
Tenant
will
make
a
Feoffment
in
Fee
to
the
use
of
A.
for
life
,
and
after
to
the
use
of
a
Religious
man
and
his
Successors
,
that
is
not
Mortmaine
,
till
the
Tenant
for
life
in
use
dieth
,
and
he
in
Remainder
takes
the
profits
,
29
H.
8.
Mortmain
37.
Lord
and
Tenant
.
Where
one
gives
in
Mortmaine
,
he
ought
to
have
license
of
the
King
to
do
it
,
and
of
the
cheife
Lord
,
otherwise
they
may
enter
for
Mortmain
,
and
before
the
license
there
ought
to
issue
out
a
Writ
of
(
Ad
quod
damnum
)
to
the
King
,
but
is
used
to
omit
that
and
to
have
the
license
,
without
any
Writ
of
(
Ad
quod
damnum
)
Fitzh
221
,
K.
Where
an
Abbot
holds
of
J
,
S.
by
five
shillings
and
J.
S.
releaseth
to
the
Abbot
,
this
shall
go
by
extinguishment
,
and
for
that
it
is
no
Mortmain
,
22
Ed.
3.
fol.
22.
47
Ed.
3.
fol.
10.
If
alienation
in
Mortmain
be
,
and
the
Alienee
is
disseised
,
and
the
Disseisor
dieth
seised
his
Heir
is
in
by
discent
,
yet
the
Lord
may
enter
within
the
year
,
for
he
hath
but
a
Title
of
entry
and
cannot
have
an
action
,
but
contrary
of
him
which
hath
a
Right
of
Entry
and
may
have
and
Action
.
39
Ed.
3.
fol.
38.
Lord
and
Tenant
,
the
Signiory
is
granted
to
A.
in
Taile
,
the
Remainder
to
B.
in
Taile
,
the
Tenant
Alien
in
Mortmaine
,
the
first
Tenant
in
Taile
cannot
enter
within
the
yeare
,
and
after
the
second
Tenant
in
Taile
dye
without
Issue
,
and
B.
in
Remainder
enter
within
halfe
a
yeare
,
and
held
that
he
could
not
,
for
the
Tenant
in
Taile
and
he
in
Remainder
have
but
one
Signiory
,
and
are
but
one
Lord
,
and
both
shall
have
but
one
yeare
by
the
Statute
.
Fitzh
223
E.
If
a
man
will
exchange
Land
with
an
Abbot
or
other
body
corporate
,
that
is
Mortmaine
,
and
he
ought
to
have
a
License
.
Fitzh
222
If
an
Abbot
give
Lands
to
another
Abbot
or
a
Corporation
it
is
Mortmaine
,
and
ought
to
have
a
License
and
(
Ad
quod
damnum
)
shall
be
sued
,
and
see
the
(
Ad
quod
damnum
)
221.
R.
48
Ed.
3.
fol.
29.
Abbot
purchase
Lands
with
warranty
by
License
,
and
is
impleaded
and
vouch
,
&c.
and
Judgment
is
given
against
the
Abbot
,
and
he
recovers
over
in
value
,
it
is
not
Mortmaine
for
the
Lands
recovered
in
value
,
and
he
ought
not
to
have
license
of
the
Lands
recovered
in
value
,
for
the
first
license
serves
in
that
,
see
,
45
Ed.
3.
fol.
18.
Where
an
Abbot
recovers
in
value
.
9
H.
6.
fol.
9.
If
an
Abbot
have
Rent
out
of
my
Land
,
and
I
grant
to
him
that
he
may
distraine
for
the
same
Rent
in
other
Land
,
this
is
no
Mortmain
,
for
he
hath
nothing
but
ancient
Rent
,
and
for
that
it
is
no
Mortmain
.
3
Ed.
4.
fol.
14.
By
Laicon
the
Statute
of
Religious
,
holds
place
of
common
and
Rent
charge
,
which
is
no
Land
nor
Tenement
,
and
yet
the
words
of
the
Statute
are
Lands
and
Tenements
.
25
H.
8.
tit
37.
Lord
and
Tenant
,
the
Tenant
lets
for
life
to
J.S.
the
Remainder
to
an
Abbot
and
his
Successors
;
The
Lord
need
not
to
make
claime
till
the
Tenant
for
life
be
dead
;
for
if
he
wave
the
Remainder
it
is
no
Mortmain
;
and
held
that
the
Appropriation
of
an
Advowson
without
licence
is
Mortmain
.
Fitzh
:
211.
The
King
may
give
licence
to
his
Tenant
to
alien
in
Mortmain
;
for
he
may
dispence
with
the
Statute
,
but
a
common
person
cannot
,
but
the
King
and
the
Mesne
Lords
may
give
licence
to
a
Tenant
to
alien
in
Mortmain
;
for
the
Statute
was
made
for
the
advantage
of
the
Lords
,
and
they
may
dispense
with
it
.
Treasure
Trove
.
TReasure
hid
in
the
ground
,
and
found
,
belongeth
to
the
King
;
and
if
it
be
found
in
the
Sea
,
it
is
to
the
finder
,
Britton
,
fol.
26.
He
to
whom
the
property
is
shall
have
Treasure
found
,
because
it
belongeth
not
to
the
King
,
unless
when
no
man
knoweth
who
hid
the
Treasure
,
Statham
,
Tit.
Coron
.
and
22
H.
6.
Coron.
446.
Punishment
of
taking
Treasure
found
,
is
not
of
life
and
member
,
but
shall
be
by
Imprisonment
and
Fine
,
Statham
,
Tit:
Coron
.
and
22
Ed.
3.
Coron.
265.
Treasure
found
belongeth
to
the
Lord
the
King
,
and
not
to
the
Lord
of
the
Liberty
,
unless
by
special
words
in
the
Deed
of
the
Liberty
contained
,
or
by
prescription
,
Statham
,
Tit:
Coron.
and
8
Ed.
2.
Coron.
436.
Treasure
found
,
is
a
certain
old
hiding
Money
or
other
Mettall
,
of
which
there
appeareth
no
memory
,
so
that
now
it
hath
no
Owner
;
therefore
all
such
Treasure
is
no
mans
proper
Goods
,
and
by
the
old
Law
it
was
the
finders
;
but
now
by
the
Law
of
the
People
,
it
is
made
the
Kings
;
Stamford
,
fol.
39.
Fstrey
.
WHere
the
Lord
hath
by
a
year
and
a
day
a
Beast
,
and
it
be
cried
in
the
Church
,
and
in
the
Market
,
the
property
is
changed
,
39
Ed.
3.
fol.
3.
A
man
cannot
intitle
him
to
an
Estrey
,
till
the
year
and
the
day
be
past
,
for
he
to
whom
the
property
is
,
may
take
him
within
the
year
:
but
Statham
seemed
he
could
not
take
it
,
without
agreeing
for
his
meat
,
31
Ed.
3.
Estrey
,
4.
Detinue
,
Issue
if
sufficient
was
tendered
for
his
meat
before
claim
,
or
not
,
44
Ed.
3.
fol.
14.
Young
Swans
may
be
taken
for
a
Stray
,
and
Proclamation
made
in
Fairs
and
Markets
,
7
H.
6.
fol.
29.
If
the
Owner
do
not
come
within
a
year
and
a
day
,
and
be
proclaimed
in
Markets
and
Parish
Churches
,
then
the
property
remains
to
the
Lord
,
Britton
,
fol.
26.
One
justifies
to
have
a
stray
in
his
Mannour
,
(
according
to
the
custome
used
in
the
Kingdom
of
England
)
he
proclaimed
them
in
two
Markets
,
scil.
in
D.
&
S.
on
the
Market
days
;
Brook
,
Estrey
,
10.
If
one
have
a
stray
by
three
quarters
of
a
year
,
and
after
that
strays
,
and
another
happens
it
within
his
Mannour
,
the
second
shall
not
have
it
,
for
he
hath
no
property
untill
the
year
and
day
,
and
Proclamation
,
33
H.
8.
Estrey
,
11.
If
a
man
have
a
Weif
or
a
Stray
by
prescription
,
and
another
taketh
that
out
of
his
Mannour
,
he
shall
have
Trespass
,
though
he
did
not
seise
them
before
.
Fitzh
.
fol.
91.
B.
One
cannot
take
the
Kings
Beasts
for
a
stray
,
though
they
were
within
the
Mannour
by
two
years
,
39
Edw.
3.
fol.
4.
If
one
hath
taken
a
stray
,
and
doth
not
proclaim
it
,
the
Owner
may
take
it
again
,
though
he
comes
to
claim
it
after
a
year
and
a
day
;
Britton
,
fol.
26.
Book
of
Entries
,
One
which
justifies
for
a
stray
shall
make
prescription
,
that
is
to
say
,
That
according
to
the
custome
in
the
Kingdome
of
England
used
,
he
proclaimed
them
in
two
Market
Towns
,
scil.
in
D.
&
R.
and
so
it
seemeth
,
that
an
Estrey
shall
be
proclaimed
in
two
the
next
Market
Towns
upon
Market
days
;
and
yet
it
seemeth
that
Strays
shall
be
proclaimed
once
in
the
Church
,
and
twice
in
the
Markets
.
Waife
.
Where
Goods
waived
are
seised
by
an
Officer
,
the
party
shall
not
have
them
again
without
fresh
Suite
,
and
sue
an
Appeal
,
and
now
upon
an
Indictment
give
that
in
Evidence
.
BY
fresh
Suite
the
first
Owner
shall
re-have
his
Goods
,
which
were
stolne
and
waived
,
if
he
make
fresh
Sute
,
and
bring
an
Appeal
,
21
Ed.
4.
Tit.
16.
Trespass
,
the
Lord
justifies
,
for
that
they
were
stolne
and
waived
,
the
Plaintiff
may
say
,
that
they
were
not
stolne
,
or
they
were
not
waived
,
12
Ed.
3.
fol.
5.
Goods
waived
,
the
Owner
may
seise
them
twenty
years
after
,
if
the
Lord
of
the
Franchise
,
nor
the
King
seise
before
:
but
if
they
are
seised
,
yet
if
he
bring
an
Appeal
,
and
make
a
fresh
Suite
,
he
shall
have
them
again
,
21
Edw.
4.
Tit.
16.
Detinue
,
the
Defendant
as
Lord
justifies
,
that
he
took
those
as
waife
,
and
good
,
10
H.
6.
fol.
22.
If
one
have
a
Waife
,
and
it
be
taken
out
of
his
Mannor
,
he
shall
have
Trespass
,
without
seising
;
and
though
he
do
not
seise
them
;
Fitzh
:
fol.
91.
Waifes
and
strays
not
claimed
within
the
year
and
day
,
are
the
Lords
,
Britton
,
fol.
26.
Where
Goods
are
waived
,
and
the
Lord
seises
them
,
the
property
is
changed
,
that
the
Owner
shall
not
have
them
without
suing
an
Appeal
,
notwithstanding
by
the
21
of
H.
8.
chap.
11.
Rastal
Restitution
2.
If
he
give
Evidence
to
the
Jury
upon
the
Indictment
,
he
shall
have
Restitution
,
Brook
Estray
8
If
a
man
be
robbed
,
and
make
fresh
Suite
,
he
shall
be
restored
,
notwithstanding
that
he
which
hath
waived
hath
seised
them
before
,
7
H.
4.44
.
If
he
make
fresh
Suite
after
the
Felony
,
he
shall
have
his
Goods
again
notwithstanding
,
that
they
were
waived
and
seised
;
and
there
ought
to
be
an
Appeal
sued
,
and
so
to
have
them
when
they
are
seised
,
Stamford
,
fol.
186.
A.
Authority
of
the
Steward
.
Then
let
us
see
the
Authority
of
the
Steward
,
and
also
of
the
Court
Leet
.
THe
Steward
may
make
his
Precept
by
word
to
the
Bailiff
to
distrain
,
and
it
is
good
,
16
H.
7
fol.
14.
If
a
man
refuse
to
be
sworn
of
the
Jury
,
he
shall
be
fined
,
and
the
Steward
of
the
Lord
may
commit
him
to
Prison
,
till
he
hath
paid
his
Fine
,
or
amerce
,
or
distrain
him
for
that
,
31
H.
6.
Leet
11
,
Quere
of
committing
a
Tenant
to
Prison
,
for
in
Magna
Charta
chap.
29
,
is
,
no
man
shall
be
taken
,
&c.
The
Steward
may
cause
a
stranger
which
cometh
within
the
precinct
of
the
Leet
,
to
be
sworn
to
inquire
in
the
Leet
where
he
hath
not
sufficient
residence
,
and
the
Lord
may
sell
the
Distress
taken
in
that
,
for
that
it
is
the
Kings
Court
,
3
H.
7.
fol.
4.
11
H.
7.14
.
the
same
,
and
21
H.
7.
fol.
40.
The
Steward
is
Judge
in
the
Court
Leet
,
and
in
Court
Baron
the
Suitors
,
unless
all
the
Suitors
be
Copy-holders
:
and
then
I
intend
they
are
no
Judges
but
the
Steward
,
for
that
they
have
but
a
base
Estate
,
and
the
Free-hold
is
in
the
Lord
,
12
H.
7.
fol.
17.6
Ed.
4.3
.
Note
that
where
a
false
Judgement
is
sued
,
the
Suitors
are
called
Judges
to
certifie
,
&c.
but
yet
the
Steward
ought
to
be
skilled
in
the
Law
,
and
of
matters
in
Law
,
it
seemeth
he
shall
give
Judgement
,
and
not
Suitors
,
for
Actions
and
matters
in
Law
,
and
yet
it
is
(
before
the
Suitors
)
and
though
ignorant
persons
in
Law
rule
in
Court
Barons
,
and
Liberties
,
that
ought
to
be
by
them
skilled
in
Law
;
and
when
there
is
a
Liberty
and
Court
granted
to
a
Mayor
,
that
is
held
by
their
Recorder
or
Steward
which
is
intended
to
be
skilled
in
the
Law
,
otherwise
it
seemeth
a
cause
to
re-seise
it
,
so
that
an
ignorant
person
cannot
meddle
in
matters
touching
the
Law
.
The
Steward
may
send
a
Prisoner
taken
for
Felony
to
the
Gaol
,
13
H.
4.
fol.
12.
The
St.
is
Judg
of
Rec.
&
may
assess
a
Fine
for
contempt
made
in
a
Leet
,
and
the
Lord
shall
have
Debt
for
that
,
7
H.
6.
fol.
13.
10
H.
6.
fol.
7.
Leets
are
appointed
for
the
Common-wealth
,
Fitzh
:
fol.
82.
in
the
beginning
.
It
is
said
,
that
a
Leet
is
a
Court
of
Record
,
21
H.
7.
fol.
33.
Tenants
in
a
Leet
may
make
by-laws
,
11
H.
7.
fol.
14.
&
21
H.
7.
fol.
40.
The
Seneschall
of
the
Leet
may
compell
the
Suitors
to
swear
,
but
otherwise
it
is
in
a
Hundred
,
39
Ed.
3.
&
44
Ed.
3.15
.
Leet
6.
Where
one
hath
a
Leet
,
he
hath
but
the
Amercements
,
and
the
day
is
to
the
King
,
and
for
that
the
Steward
represent
the
person
of
the
King
,
41
Ed.
3.
fol.
27.
Suite
at
the
Leet
is
called
Suite
reall
,
for
that
,
that
that
is
the
Kings
Court
,
45
Ed.
3.
fol.
23.
If
the
Steward
of
the
Leet
command
the
Bailiff
to
impannell
a
Jury
to
inquire
for
the
King
,
upon
pain
of
forty
pounds
,
and
he
refuse
to
do
it
,
he
may
put
upon
him
the
pain
of
forty
pounds
,
and
at
the
second
time
fifty
pounds
,
or
more
:
and
note
,
that
upon
all
pains
the
Lord
may
have
an
Action
of
Debt
,
7
H.
6.
fol.
13.
23
H.
8.
Tit.
34.
Debt
lieth
for
pain
,
for
not
amending
an
Annoyance
,
and
for
Usage
:
Distress
.
If
the
Jury
will
not
present
the
Defaults
in
a
Leet
,
of
which
they
are
informed
,
the
Steward
may
assesse
a
Fine
upon
them
,
10
Ed.
4.
fol.
4.
If
any
Suitor
,
present
in
Court
,
refuse
to
be
of
the
Jury
,
or
if
any
make
another
such
Contempt
,
or
any
Contempt
or
disobedience
in
Court
Leet
,
the
Steward
may
set
a
Fine
upon
him
without
affirming
by
Affirors
:
but
when
one
is
amerced
that
shall
be
affirmed
by
Affirors
,
10
H.
6.
fol.
7.
When
the
Steward
sets
a
Fine
upon
a
Suitor
in
Court
Leet
,
or
other
person
,
for
his
mis-demeanour
,
this
is
called
a
Fine
,
and
not
an
Amercement
,
and
is
not
traversable
,
7
H.
6.
fol.
13.
Judge
of
Record
.
For
that
the
Steward
is
a
Judge
of
Record
in
Leet
,
it
is
expedient
to
see
,
what
a
Judge
of
Record
,
and
one
by
him
may
do
,
and
what
not
.
IT
seeemth
that
a
Justice
of
Peace
ought
not
to
make
a
Precept
to
arrest
one
for
Felony
,
but
if
he
doe
(
for
that
he
is
a
Judge
of
record
)
the
Bailiff
that
serves
that
is
excused
,
for
he
cannot
argue
his
authority
,
no
more
may
the
Sheriff
argue
the
authority
of
the
Justices
,
14
H.
8.
fol.
18.
9
Ed.
4.
fol.
3.
A
Justice
of
Peace
may
arrest
a
man
for
suerty
of
the
Peace
by
his
discretion
,
and
though
he
suffer
him
without
a
suerty
,
the
party
shall
not
punish
him
for
that
he
is
a
Judge
of
Record
.
9
H.
6.
fol.
60.
Action
of
the
case
doth
not
lye
against
a
Justice
of
Record
supposing
he
hath
made
a
fall
Record
,
or
that
he
hath
caused
false
Entry
to
be
made
;
contrary
against
an
Office
,
as
against
an
Escheator
for
returning
a
false
Office
,
or
against
a
Sheriff
,
for
they
are
Officers
of
Record
and
not
Judges
.
12
H.
4.
fol.
3.
If
a
Judge
of
Record
award
one
to
Prison
without
cause
,
he
shall
have
no
action
against
him
,
yet
a
Judge
of
Record
;
as
a
Justice
of
Peace
hath
been
punished
in
the
Star
-
Chamber
,
for
misdemeanour
,
and
so
may
the
Steward
of
a
Leet
,
and
so
such
a
Judge
of
Record
,
for
not
regarding
his
Oath
,
as
Maiors
,
Bailiffs
,
&c.
21
H.
7.
fol.
22.
If
a
Capias
issue
our
of
a
Court
of
Record
to
the
Sheriff
where
is
no
Originall
,
yet
this
excuseth
the
Sheriff
,
but
if
the
Servant
of
the
Sheriff
arrest
one
by
processe
made
out
of
a
Capias
,
and
returne
his
processe
,
and
the
Sheriff
do
not
return
his
Capias
,
false
Imprisonment
lies
against
the
Servant
,
Fitzh
.
21.
B.
one
cannot
assigne
Errour
,
that
the
Jurors
gave
verdict
for
the
Defendant
,
and
Judges
enter
that
for
the
Plantiff
.
Presentment
in
Leet
.
Now
let
us
〈◊〉
what
presentment
in
Leet
is
traversable
and
what
not
,
and
it
seemeth
where
that
toucheth
a
Free-hold
is
traversable
,
and
otherwise
not
.
PResentment
in
Leet
by
4
:
and
not
by
12.
That
one
hath
dwelt
within
the
Leet
not
sworn
,
&c.
it
was
Traversed
,
but
it
seems
if
it
were
by
12.
it
shall
not
be
traversed
,
but
shall
have
recovery
by
Writ
of
false
presentment
,
5
Ed.
3.26
.
A
thing
presented
in
Leet
is
as
Evangelist
,
if
it
passe
the
day
in
which
it
is
presented
,
but
the
same
day
you
may
have
an
action
of
false
presentment
against
the
Jurors
,
and
after
without
recovery
,
21
Ed.
3.
Tit.
Barr.
271.
Presentment
in
Leet
which
toucheth
Free-hold
is
traversable
,
and
other
presentments
not
,
19
H.
8
:
fol.
11.
and
41
Ed.
3
fol.
27.
the
same
.
Presentment
in
Leet
which
toucheth
a
Free-hold
may
be
removed
and
traversed
,
and
every
Presentment
before
Justices
of
Peace
is
traversable
,
5
H.
7.
fol.
3.
and
6
H
:
7
:
fol.
2.
the
same
.
Presentment
of
blood
spilt
is
not
traversable
,
for
that
doth
not
touch
free-hold
,
2
R.
3.12
.
If
the
presentment
be
not
in
a
Leet
,
of
things
there
presentable
,
afterwards
they
shall
be
presented
,
as
it
followeth
.
IF
Presentment
be
not
in
Leet
of
things
presentable
there
,
then
they
shall
be
inquired
and
presented
in
Turne
,
and
if
not
there
,
then
in
the
Kings
Bench
,
41
Ed.
3.
fol.
27.
If
things
Presentable
are
not
presented
in
Leet
,
they
shall
be
presented
in
Turne
,
and
if
not
there
,
before
the
Justices
in
Eyre
,
and
if
not
there
,
in
the
Kings
Bench
,
10
H.
4.
fol.
4.
Then
let
us
see
,
what
remedy
the
Lord
shall
have
for
Amerciaments
in
Leet
,
and
what
recovery
for
a
Fine
,
and
what
upon
paine
or
by-Law
,
and
it
seems
that
for
Amerciaments
he
may
distraine
and
for
Fine
Assesse
,
and
by-Law
broken
shall
have
a
Debt
or
Distresse
.
Amerciaments
.
FOR
a
Fine
reall
he
cannot
distraine
,
but
Amerce
,
and
by
prescription
distraine
,
and
this
is
now
in
use
in
every
Mannor
,
and
for
Suite-Service
distraine
without
doubt
,
12
H.
7.15
.
One
may
prescribe
to
distraine
for
Amerciament
in
Law-day
for
it
is
incident
,
9
H.
7.22
.
He
may
in
Leet
Amerce
and
distraine
for
that
,
8
H.
4.
Tit.
15.
A
man
may
in
Leet
Amerce
for
annoyance
,
and
distrain
for
it
,
19
Ed.
3.
fol.
36.
One
was
Amerced
in
Leet
for
stopping
in
the
High
way
,
and
his
Horse
in
anothers
keeping
was
destrained
for
it
,
47.
Ed.
3.12
.
The
Lord
may
sell
the
Distresse
taken
for
an
Amerciament
in
Leet
,
as
the
King
may
sell
the
Distresse
,
for
that
it
is
the
Kings
Court
,
3
H.
7.
fol.
4.
If
Amerciament
in
Leet
be
agreed
,
the
Lord
may
distraine
without
notice
by
Finch
,
and
by
Wich
it
is
good
Plea
,
that
the
Tenant
would
have
paid
if
he
had
had
notice
,
45
Ed.
3.
fol.
9.
The
Lord
cannot
distraine
for
Amerciament
in
Leet
,
in
a
place
seised
into
the
Kings
hands
,
for
debt
to
the
King
,
for
this
is
priviledged
during
the
time
,
47
Ed.
3.
fol.
12.
Of
common
right
the
Lord
may
distraine
for
Amerciament
in
Leet
,
and
for
that
need
not
to
prescribe
,
10
H.
7.
fol.
15.
The
Lord
may
distraine
for
Amerciament
for
annoyance
in
the
high
way
,
or
for
making
Hedges
cross
the
street
,
and
avow
for
that
,
4
Ed.
3.10
.
Avowrie
161.
The
Lord
may
not
distraine
the
Horse
of
another
in
the
Inne
of
him
Amerced
,
nor
the
garment
of
another
in
a
Taylors
shop
,
where
the
Taylor
is
Amerced
,
10
H.
7.
fol.
21.
If
one
refuse
to
be
sworn
,
or
make
any
other
contempt
in
Court
,
the
Steward
may
assess
a
Fine
upon
him
,
and
the
Lord
may
distraine
for
that
,
13
H.
6.
Leet
11.
For
a
Fine
assessed
by
the
Steward
for
a
contempt
in
the
Court
,
the
Lord
may
have
debt
,
10
H.
6.
fol.
7.
and
7.
H.
6.
fol.
13.
If
a
paine
of
ten
pound
presented
in
the
Leet
to
be
broken
,
the
paine
shall
not
be
otherwise
acertained
,
and
the
Lord
for
that
shall
have
an
action
of
Debt
,
but
he
cannot
distraine
and
make
avowrie
but
by
prescription
;
but
it
is
now
used
in
every
Mannor
to
distraine
,
as
I
think
,
32
H.
8.
Tit.
37.
The
Lord
may
have
Debt
for
Amerciament
assest
in
Court-Baron
,
12
R.
2.
Statham
fol.
62.
It
seems
the
Lord
shall
have
Debt
for
releife
,
and
cleerly
the
Executors
shall
have
Debt
for
releife
,
32
H.
8.20.19
.
H.
6.
Tit.
11.
Moderata
miserecordia
,
doth
not
lye
where
a
Fine
is
alsessed
by
the
Steward
for
contempt
in
Court
,
nor
where
Amerciament
is
assessed
,
but
where
Amerciament
is
not
confirmed
that
lieth
if
it
be
too
high
,
Fitzher
.
fol.
72.
C.
If
one
be
amerced
in
the
Sheriffs
Turne
,
the
Sheriff
may
distraine
throughout
all
the
County
,
and
if
it
be
in
a
Leet
,
thoughout
all
the
precinct
of
the
Leet
,
8
R.
2.
Avowrie
194.
The
Lord
may
distraine
in
the
high
street
for
Amerciaments
in
a
Leet
,
34
Ed.
2
and
19
Ed.
2.
Avowrie
221.
Debt
lieth
for
the
Lord
for
a
Fine
assest
in
Leet
by
the
Steward
,
for
not
returning
the
Pannall
,
or
for
other
contempt
,
and
it
is
good
without
confirming
,
7
H.
6.
fol.
13.
tit.
233.
For
Amerciament
in
Leet
,
it
seems
one
may
take
goods
of
another
in
the
keeping
of
him
which
is
amerced
,
yet
see
how
Issue
was
taken
,
that
it
was
not
the
Horse
of
Prior
Tindall
which
was
Amerced
which
was
taken
,
47
Ed.
3.
fol.
12.
For
not
ch●ansing
of
a
Ditch
by
the
Predecessor
of
a
Parson
,
Successor
shall
not
be
punished
for
that
Offence
,
the
same
Law
of
Father
and
Son
,
5.
H.
7.
fol.
3.
Distresse
.
Where
one
may
distraine
,
and
what
thing
.
ONE
lifted
a
Mill-stone
off
the
stock
,
to
be
picked
on
the
floore
,
it
is
not
so
severed
,
but
that
it
is
parcell
of
the
Mill
,
and
cannot
be
distrained
,
and
so
it
is
of
Windowes
and
doores
,
14
H.
8.
fol.
29.
10
H.
7.
fol.
21.
You
cannot
distraine
the
garment
of
another
man
in
a
Taylors
shop
,
21
Ed.
4.
fol.
49.
the
same
.
9.
H.
6.
fol.
9.
The
Lord
cannot
distraine
for
his
Rent
,
but
in
Lands
held
of
him
,
but
the
King
may
.
8
R.
2.
tit
.
Avowrie
192.
If
one
be
Amerced
in
Leet
,
the
Lord
may
distrain
in
any
place
within
the
Precinct
of
that
,
and
in
the
Turne
of
the
Sheriff
in
any
place
within
the
County
.
34
H.
8.
tit.
253.
During
the
possession
of
the
King
,
the
Signiory
of
another
is
suspended
touching
the
Distress
.
5
H.
7.
fol.
15.
If
one
be
Amerced
in
a
Leet
,
and
another
takes
his
leather
from
him
,
and
makes
of
that
Boots
and
Shooes
,
yet
these
Bootes
and
Shooes
may
be
distrained
for
this
Amerciament
within
the
Precinct
of
the
Leet
,
21
H.
7.
fol.
13.
The
Lessor
cannot
distraine
Fats
fixt
by
his
Lessee
for
a
dying
Pan
,
and
though
the
Lessee
may
remove
them
during
his
Tearme
.
21
H.
7.
fol.
26.
Glass
fixt
by
the
Termor
,
the
lessor
cannot
distraine
for
his
Rent
as
it
seemeth
,
and
the
Lord
cannot
distraine
Tables
dormant
in
the
House
of
his
Tenant
,
nor
a
thing
which
cannot
be
attached
in
an
Assesse
.
21
H.
7.
fol.
41.
The
Lord
cannot
distraine
Shocks
of
Corne
for
his
Rent
,
but
doing
dammage
he
may
.
27
Assises
66.
One
cannot
distraine
in
a
Sanctuary
,
if
it
be
not
for
Issues
for
the
King
.
6
H.
4.
fol.
11.
One
may
arrest
the
Vicar
in
the
Church
by
a
Capias
,
notwithstanding
the
Statute
,
1
R.
2.
For
that
is
intended
he
shall
not
arrest
him
saying
Divine
Service
.
13
H.
4.
fol.
42.
If
one
proffer
sufficient
amends
for
wrongs
which
they
have
done
,
one
cannot
distraine
and
avow
that
.
Marlebridge
chap.
2.
That
no
Lord
may
distraine
out
of
the
fee.
Marlebridge
chap.
1.
None
shall
make
Distresses
at
his
own
will
without
the
consideration
of
the
Kings
Court.
Marlebridge
chap.
15.
It
is
not
lawfull
for
any
to
make
Distresses
out
of
their
Fee
,
nor
in
the
Kings
way
,
or
in
the
common
street
,
but
for
our
Lord
the
King
,
and
for
his
Ministers
,
having
speciall
authority
from
him
.
In
what
place
a
Leet
shall
be
kept
,
and
at
what
time
.
A
Leet
by
the
Statute
shall
be
held
but
twice
in
a
year
,
that
is
in
the
Moneth
of
Michaelmas
and
in
the
Month
of
Easter
,
by
the
intent
of
the
Statute
of
Magna
Charta
,
c.
35.
Presentment
in
Leet
held
foure
daies
after
the
Moneth
is
voide
,
6
H.
7.
fol.
1.
and
38
H.
7.
the
same
.
One
may
prescribe
to
hold
a
Leet
at
a
day
certaine
,
though
it
be
not
within
the
Moneth
,
and
good
,
for
it
seems
that
Magna
charta
,
is
but
Common
Law
,
otherwise
he
cannot
prescribe
against
a
Statute
,
unlesse
he
have
another
Statute
for
the
same
,
and
if
he
hold
that
any
other
day
it
is
voide
,
which
makes
in
a
Leet
,
33
H.
6.
fol.
7.
By
Brian
,
Leet
shall
be
held
in
any
place
within
the
Precinct
of
the
Lord-ship
,
where
it
pleaseth
the
Lord
,
for
it
is
the
Court
of
the
King
,
as
the
Kings
Bench
wheresoever
it
is
,
&c.
8
H.
7.4
.
Twelve
shall
be
of
the
Jury
in
a
Leet
,
otherwise
the
Presentment
there
are
all
traversable
.
THere
shall
be
at
least
twelve
in
a
Turne
,
Rastall
,
Indict.
1.
and
Turn
and
Leet
are
all
one
,
Westminster
2.
chap.
13.
Every
Indictment
and
Presentment
in
Leet
,
shall
be
by
twelve
men
at
least
,
6
H.
4.
fol.
1.
Presentment
that
one
had
dwelt
within
view
of
Frank-Pledge
by
a
year
and
a
day
not
sworn
,
&c.
if
it
be
not
by
twelve
it
is
traversable
,
and
if
it
be
by
twelve
,
it
is
not
traversable
,
45
Ed.
3.
fol
26.
If
there
be
not
twelve
to
be
sworne
,
the
Lord
may
cause
strangers
to
be
of
the
Enquest
,
3
H.
7.
fol.
4.
By-Lawes
.
For
that
,
that
By-lawes
are
made
many
times
in
Leets
,
somthing
shall
be
said
of
By-lawes
,
and
I
intend
that
By-lawes
which
are
for
the
Common-wealth
,
shall
binde
all
,
and
other
By-lawes
shall
binde
but
those
that
assent
.
WHere
a
By-law
is
for
a
Common-wealth
,
it
is
good
to
binde
all
,
though
all
do
not
agree
,
as
to
make
a
Causey
,
Way
,
or
Bridge
;
but
By-law
to
repaire
a
Church
is
a
Charge
,
for
that
it
shall
not
binde
but
those
that
assent
,
44
Ed.
3.
fol.
19.
It
is
said
,
that
Tenants
in
a
Leet
may
make
By-lawes
,
for
that
it
is
the
Kings
Court
,
which
shall
binde
them
by
their
assents
,
and
a
Town
may
make
By-lawes
by
prescription
,
and
that
shall
binde
them
,
but
not
a
stranger
,
as
By-law
,
that
every
one
which
puts
in
his
beasts
into
the
Common
before
,
&c.
shall
pay
ten
shillings
,
this
shall
binde
them
which
assent
,
but
not
a
stranger
,
13
H.
8.
Leet
37.11
.
H.
7.14
.
&
21.
H.
7.40
.
the
same
.
If
a
Town
be
amerced
,
and
neighbours
assess
a
Summe
of
every
Inhabitant
,
and
agree
to
have
I.
S.
to
distrain
for
it
,
the
distress
is
lawfull
,
Doctor
&
Student
,
fol.
74.
Where
the
greatest
part
of
a
Town
agree
to
a
By-law
,
which
was
charged
,
that
then
it
is
good
against
them
all
,
8
Ed.
1.
Assise
413.
By-law
,
that
every
one
which
holds
land
shall
pay
to
the
reparations
of
the
Church
one
penny
,
and
for
not
paying
shall
forfeit
to
the
Lord
twenty
pence
;
it
is
not
good
,
for
the
Lord
hath
no
damage
,
but
the
Church-Wardens
,
and
for
that
it
shall
be
forfeit
to
the
Wardens
,
&c.
but
where
a
By-law
is
for
a
Common-wealth
,
I
intend
for
not
doing
shall
be
a
forfeiture
to
the
Lord
,
and
this
is
good
,
21
H.
7.
fol.
20.
One
cannot
prescribe
to
make
Lawes
to
alter
inheritances
,
49.
Assise
8.
Inmates
.
Though
it
be
not
specified
in
our
Law
who
are
Inmates
,
and
who
not
,
nor
any
remedy
provided
against
them
,
but
onely
which
have
been
used
to
avoid
them
by
By-lawes
made
in
Leets
,
yet
it
is
not
impertinent
to
see
who
hath
been
taken
in
Law
an
Inmate
,
and
who
not
.
IF
one
let
part
of
his
house
in
which
he
dwells
to
a
Gentleman
which
keeps
not
his
table
there
,
but
goeth
to
victualling-houses
for
his
victualls
,
but
yet
hath
certain
rooms
in
the
house
,
that
is
no
Inmate
:
Also
if
one
keep
his
daughter
married
,
and
her
husband
by
Covenant
,
or
otherwise
,
and
suffer
them
to
have
certain
rooms
in
his
house
,
these
were
not
accounted
Inmates
,
and
these
shall
not
have
Common
.
But
if
a
man
have
a
house
,
and
let
certain
rooms
of
that
to
another
to
dwell
with
him
,
he
hath
been
accounted
an
Inmate
,
unless
he
be
of
ability
to
live
,
and
shall
not
have
Common
in
the
Lords
Waste
or
Feilds
:
But
if
one
take
one
to
table
,
or
to
sojourn
with
him
in
his
house
,
and
let
him
certain
rooms
,
he
is
not
accounted
an
Inmate
,
and
he
shall
not
have
Common
.
Also
if
the
Inheritor
of
a
house
let
a
certain
parcell
of
his
house
in
which
he
dwells
,
and
severeth
that
from
the
other
part
,
and
make
severall
doors
to
the
high
street
,
it
is
now
as
two
houses
,
and
is
not
accounted
as
an
Inmate
,
but
he
shall
have
no
common
,
otherwise
it
is
if
they
have
but
one
door
to
the
high
street
,
for
then
it
is
accounted
an
Inmate
,
unless
he
be
a
sufficient
person
to
live
of
his
Lands
of
himself
,
or
by
his
Art
or
Trade
,
so
that
he
be
not
a
poore
Labourer
;
but
at
this
day
some
take
Inmates
more
strictly
,
and
in
times
past
,
none
were
punished
in
Leets
by
paines
ordained
in
Leet
,
but
idle
and
bribing
persons
,
which
were
common
breakers
of
hedges
,
and
other
bribers
which
live
in
others
houses
idly
,
or
live
suspect
.
The
Oath
of
the
Reeve
,
or
Bayliffe
.
YOu
shall
sweare
,
That
you
shall
well
and
truly
serve
our
Lady
the
Queen
,
and
the
Lord
of
this
Mannour
in
the
Office
of
Reeve
,
or
Bayliffe
of
the
Mannour
for
this
year
to
come
,
and
you
shall
well
and
duly
collect
all
such
Rents
,
Revenues
,
and
other
annuall
Profits
as
shall
be
chargeable
,
and
issuing
out
of
the
same
Mannour
to
you
:
And
of
that
you
shall
make
and
give
a
lawfull
account
at
the
end
of
the
same
year
,
and
in
every
other
thing
belonging
to
your
Office
,
well
and
truly
to
discharge
in
your
Office
during
this
year
to
come
.
So
help
you
God
,
&c.
The
Oath
of
the
Greve
,
or
Hayward
,
or
Beadell
.
YOu
shall
swear
,
That
you
shall
well
and
truly
serve
the
Queen
our
Soveraign
Lady
,
and
the
Lord
of
the
Mannour
,
in
the
Office
of
Greve
,
Beadell
,
or
Hayward
of
this
Mannour
for
this
year
to
come
,
and
you
shall
duly
and
truly
execute
all
such
Attachments
,
and
other
Processes
,
as
shall
be
directed
to
you
from
the
Lord
or
Steward
of
this
Court
,
and
you
shall
present
all
Pound-breaches
which
shall
be
made
within
your
Office
,
and
also
all
Cattells
,
Strayes
,
and
Waifs
,
and
in
every
other
thing
,
well
and
truly
hold
you
in
the
same
Office
.
So
help
you
God
,
&c.
Oath
of
a
Desiner
.
YOu
shall
swear
,
That
you
I.S.
from
this
day
forward
shall
be
faithfull
and
loyall
to
our
Soveraign
Lady
the
Queen
,
&c.
and
to
her
Heirs
,
and
shall
keep
unto
her
faith
and
loyalty
of
life
,
and
of
member
,
and
of
earthly
honour
,
and
that
you
shall
not
conceal
any
ill
or
damage
intended
towards
them
,
nor
hear
any
ill
of
them
which
you
shall
not
defend
them
in
,
to
your
uttermost
power
.
So
help
you
God
,
Britton
,
fol.
74.
gives
that
.
Oath
of
Affirors
.
YOu
shall
swear
,
That
you
will
well
and
truly
tax
,
assess
,
and
affier
all
the
Amerciaments
presented
in
this
Court
,
and
in
doing
of
that
,
you
shall
not
spare
any
for
love
,
feare
,
nor
affection
,
nor
raise
,
nor
inhaunce
any
more
greivous
,
then
shall
be
reasonable
according
to
their
deserts
made
,
and
not
more
,
nor
less
,
nor
for
envy
,
nor
for
love
assess
or
affier
,
but
upon
every
one
severally
,
according
to
the
quantity
of
their
offences
made
,
and
not
otherwise
.
So
help
you
God
,
&c.
Oath
of
the
Fealty
.
YOu
shall
swear
,
That
you
shall
be
faithfull
and
loyall
,
and
loyally
and
faithfully
shall
carry
your selfe
to
the
Lord
of
this
Mannour
,
for
the
Lands
and
Tenements
which
you
claim
to
hold
of
him
,
and
you
shall
well
and
duly
pay
to
the
Lord
of
this
Mannour
,
and
his
Heirs
from
time
to
time
,
all
such
Rents
,
Duties
,
Customes
,
and
Services
,
that
you
ought
to
pay
,
and
make
for
the
same
Lands
at
the
times
appointed
.
So
help
you
God
,
&c.
Oaths
of
the
Aletaster
.
YOu
shall
swear
,
That
you
shall
well
and
truly
serve
our
Soveraign
the
Queen
,
and
the
Lord
of
this
Court
,
in
the
Office
of
Aletaster
,
or
assise
,
within
this
Lordship
for
this
year
to
come
,
and
you
shall
well
and
duly
see
from
time
to
time
,
that
the
sale
of
bread
(
brought
to
be
sold
)
be
duly
weighed
,
and
that
it
contain
such
weight
according
to
the
prizes
of
grain
,
as
by
the
Statute
is
provided
,
that
is
to
say
,
according
to
the
prizes
of
Corn
in
the
next
Markets
.
Also
you
shall
have
diligent
regard
during
the
time
of
your
Office
,
to
all
the
Brewers
and
Tiplers
within
your
Office
,
that
they
and
every
of
them
make
good
and
wholesome
Ale
and
Beer
for
mans
body
,
and
that
they
do
not
sell
any
before
it
hath
been
tasted
by
you
,
and
then
to
be
sold
according
to
the
prizes
limited
and
rated
by
the
Justices
of
Peace
,
and
all
defaults
committed
and
done
by
the
Bakers
,
Brewers
and
Tiplers
,
or
by
any
of
them
,
you
shall
present
at
the
Court
here
,
by
which
punishment
may
be
ministred
unto
them
for
their
offences
,
and
in
every
other
thing
you
shall
well
and
truly
behave
your selves
in
your
Office
for
this
year
.
So
help
you
God
,
&c.
The
Oath
of
the
Constable
.
YOu
shall
swear
,
That
you
will
well
and
truly
serve
the
Queen
,
and
the
Lord
of
this
Lawday
,
and
you
shall
indeavour
that
the
Peace
of
our
Soveraign
the
Queen
,
well
and
truly
according
to
your
power
,
be
kepr
,
and
you
shall
arrest
all
which
you
see
making
Riots
,
Debates
,
or
Frayes
,
or
breaking
the
Peace
,
and
you
shall
well
and
truly
indeavour
your selves
according
to
your
knowledge
,
that
the
Statute
of
Winton
for
Watch
,
Hue
and
Cry
,
and
the
Statutes
made
for
the
punishment
of
sturdy
Beggers
,
Vagabonds
,
Rogues
,
and
other
idle
persons
coming
within
your
Office
,
that
the
Offenders
be
punished
;
and
you
shall
indeavour
your selves
upon
complaint
to
you
,
to
apprehend
Barretors
,
and
riotous
persons
making
Frayes
,
and
also
apprehend
Felons
,
and
if
any
of
them
make
resistance
,
with
force
and
multitude
of
Offenders
,
you
shall
make
out-cry
,
and
pursue
them
till
they
are
taken
,
and
you
shall
look
to
such
persons
as
use
unlawfull
Games
,
and
you
shall
have
regard
to
the
maintenance
of
Artillery
,
and
you
shall
well
and
duly
execute
all
Processe
and
Warrants
sent
unto
you
from
the
Justices
of
the
Peace
of
the
County
,
and
you
shall
make
good
and
faithfull
presentment
of
all
bloodsheds
,
out-cries
,
affrayes
,
and
rescues
made
within
your
Office
;
and
you
shall
well
and
duly
,
according
to
your
power
and
knowledge
,
do
that
which
belongs
to
your
Office
of
a
Constable
to
do
,
for
this
year
to
come
.
So
help
you
God
.
Constables
.
And
for
that
that
the
Constable
is
here
chosen
and
sworn
,
that
is
inquirable
here
if
he
do
his
Office
,
and
for
that
let
us
see
what
authority
a
Constable
hath
,
and
what
he
ought
to
do
.
AT
the
Common
Law
before
the
making
of
the
Statutes
by
which
Justices
of
the
Peace
were
ordained
to
keep
the
Peace
.
The
cheif
Justice
of
England
was
appointed
by
the
King
,
and
he
hath
authority
,
and
he
was
ordained
to
determine
matters
touching
the
Crown
,
and
for
conservation
of
the
Peace
throughout
the
Realme
,
and
he
for
that
is
the
cheife
Justice
of
the
Peace
.
Also
by
the
Common
Law
before
there
was
any
Justice
of
Peace
,
Constables
of
every
Town
were
keepers
of
the
Peace
within
their
Townes
.
If
any
be
threatned
upon
complaint
to
the
Constable
,
he
may
inforce
the
party
to
put
in
a
Suerty
,
and
if
he
do
not
,
commit
him
to
prison
till
he
hath
found
a
Suerty
,
4
Ed.
3.
Barr.
102.
If
any
be
strucken
and
in
perill
of
death
,
the
Constable
ought
to
arrest
the
Offendor
,
and
to
keep
him
in
Prison
till
it
be
known
if
he
will
live
or
dy
,
or
till
he
have
found
Suerties
to
appeare
before
the
Justices
at
the
Goale-delivery
.
If
Felons
or
Murderers
be
in
a
Town
,
and
the
Constable
hath
notice
of
that
,
it
is
his
Office
and
duty
to
raise
People
to
take
them
,
1
R.
3.
chap.
3.
And
if
any
Felon
be
taken
it
is
the
Office
of
the
Constable
to
carry
him
to
the
Goale
,
and
to
cause
others
of
the
Town
to
assist
him
in
so
doing
.
Constables
were
ordained
for
two
intents
,
that
is
,
to
keepe
the
Peace
,
and
also
to
apprehend
Felons
,
and
to
take
suerty
by
obligation
of
such
persons
,
that
they
finde
making
Affraies
.
Constables
may
arrest
men
which
go
or
ride
armed
between
Faires
and
Markets
,
Rastal
,
Armor
,
4.
and
take
their
Armor
as
forfeit
to
the
King
,
2
Ed.
3.
C.
3.
Constables
ought
to
arrest
such
which
go
by
night
of
whom
there
is
Suspition
,
and
deliver
them
to
the
Sheriff
,
Rastal
,
Robberies
4.
there
to
remain
in
hold
,
and
also
all
suspected
persons
either
by
day
or
by
night
are
to
be
delivered
to
the
Sherift
,
as
above
,
by
5
Ed.
3.
chap.
64.
Constables
have
power
to
examine
Vagabonds
,
Rastal
,
Vag.
5.
and
to
compell
them
to
finde
suerty
for
their
good
behaviour
,
and
if
they
cannot
finde
suerties
,
to
commit
them
to
the
next
Goale
,
by
1
R.
2.
chap.
5.
Constables
may
arrest
Servant
laborer
vagrant
,
unlesse
he
have
a
letter
containing
the
cause
of
his
going
,
and
the
time
of
his
return
under
the
Kings
Seale
,
and
may
set
him
in
the
Stocks
,
till
he
have
found
suerties
to
serve
,
by
12
R.
2.
chap.
3.
Rastall
,
Vag
.
5.
Rastall
,
Arch.
2.
Constables
have
power
to
commit
every
one
using
unlawfull
Games
,
and
to
keep
them
till
the
Offendors
be
bound
in
an
obligation
to
the
use
of
the
King
,
that
he
shall
not
use
unlawfull
Games
,
by
6
H.
8.
chap.
2.
Constables
upon
complaint
may
arrest
Boate-men
and
Water-men
which
take
more
then
is
appointed
for
them
to
take
,
and
commit
them
to
Ward
for
their
misdemeanor
,
Rastall
,
Pass.
8.
and
to
fine
for
the
same
,
by
6
H.
8.
chap.
7.
Constables
have
power
to
commit
Beggers
to
the
stocks
,
Rastall
,
Vag
.
2.
Rastall
,
Vag.
9.
which
Offend
,
by
22
H.
9.
chap
12.
Constables
ought
to
convey
Rogues
taken
within
their
office
to
the
next
Constable
,
that
they
might
be
conveyed
to
▪
Prison
,
upon
paine
of
six
shillings
eight
pence
for
every
offence
,
by
14
Eliz.
chap.
5.
Also
if
a
Constable
do
not
make
search
every
Moneth
for
unlawfull
keeping
of
Games
,
and
for
unlawfull
playing
if
occasion
be
,
and
present
the
same
,
he
shall
forfeit
forty
shillings
.
The
Constable
is
the
keeper
of
the
Peace
,
that
is
to
say
,
The
high
Constable
for
the
Hundred
,
and
the
petty
Constable
in
the
Town
,
12
H.
7.
f.
38.
Constable
may
arrest
one
to
finde
suerty
of
the
Peace
,
and
if
he
will
nor
obey
,
he
may
take
power
to
inforce
him
,
and
one
may
Justifie
that
commeth
in
aide
of
the
Constable
to
arrest
one
that
makes
an
assault
,
3
H.
4.
fol.
10.
Constable
may
arrest
one
which
makes
an
Assault
,
though
it
be
of
himself
,
5
H.
7.
fol.
6
:
Constable
was
ordained
to
keep
the
Peace
,
and
may
take
suerty
for
the
Peace
by
bond
of
one
,
if
he
be
found
making
a
Fray
,
10
Ed.
4.
fol.
18.
Constable
may
arrest
one
which
makes
a
Fray
and
carry
him
to
the
next
Goale
till
he
finde
suerty
for
the
Peace
,
but
not
imprison
him
in
his
House
,
or
put
him
in
the
stocks
,
unlesse
it
be
in
the
night
,
that
he
cannot
carry
him
to
the
Goale
,
for
any
other
reasonable
cause
,
22
Ed.
4.
f.
35.
by
Brian
.
Constable
may
search
for
suspitious
persons
,
and
may
arrest
Night-walkers
,
2
Ed.
4.
f.
9.
Constable
may
search
suspitious
bawdy
houses
,
where
Women
of
ill
fame
are
,
and
may
arrest
suspected
persons
which
walk
in
the
night
and
sleep
in
the
day
,
or
keep
suspitious
company
,
and
if
he
be
not
of
power
to
arrest
them
,
he
may
have
aid
of
his
Neighbours
by
the
Law
,
3
H.
7.
fol.
10.
that
he
may
have
aid
,
13
H.
7.
fol.
10.
Title
recognisance
14
Brook
.
Constable
cannot
take
a
Recognisance
to
keep
the
Peace
,
but
an
obligation
.
38
H.
8.
tit
.
False
Imprisonment
6.
It
is
said
,
that
one
cannot
arrest
for
a
Fray
after
it
is
done
,
without
a
Warrant
,
but
before
it
be
done
,
or
whilest
it
is
a
doing
he
may
.
5
H.
7.
fol.
6.
Trespasse
of
Imprisonment
;
the
Defendant
saith
that
he
was
Constable
,
and
for
that
the
Plaintiff
made
an
Assault
upon
him
and
broke
the
Peace
,
he
took
him
and
carried
him
to
the
Goale
to
preserve
the
Peace
,
21.
H.
4.
fol.
21.
10
Ed.
4.
fol.
20.
Stocks
are
ordained
properly
to
punish
Vagrants
and
Servants
for
wages
,
see
,
7
H.
4.
chap
17.
Britton
fol.
17.
None
shall
be
put
in
Irons
but
those
which
are
taken
for
Felony
,
or
for
Trespasse
in
Parkes
or
Chases
.
West
.
2.
chap.
39.
For
resistance
where
a
processe
is
to
be
executed
,
that
Statute
gives
aid
and
opwer
of
the
County
against
them
which
make
resistance
.
3
H.
7.
fol.
1.
It
is
held
there
that
the
Constable
may
take
the
power
of
the
County
where
there
is
a
Fray
,
and
specially
to
take
Felons
.
For
that
,
it
is
the
Office
of
a
Constable
to
see
that
Watch
be
kept
,
let
us
see
how
a
Watch
may
be
.
THe
Watch
ought
to
begin
at
the
feast
of
Ascention
,
and
ought
to
be
held
till
Michaelmasse
all
the
night
,
from
the
setting
of
the
Sun
to
the
rising
,
and
in
every
City
six
shall
be
at
every
Gate
,
and
in
every
Town
they
ought
to
watch
twelve
men
,
and
in
every
Village
six
men
,
or
four
,
according
to
the
number
of
the
Inhabitants
of
the
Village
;
and
if
any
stranger
be
arrested
in
the
Watch
,
he
shall
be
kept
untill
the
morning
,
and
if
they
finde
suspition
in
him
,
he
shall
be
delivered
to
the
Sheriffe
,
and
if
no
suspition
be
in
him
,
he
shall
go
free
,
and
if
any
will
not
obey
the
Arrest
,
they
ought
to
raise
Hue
and
Cry
,
and
for
arresting
such
a
stranger
none
shall
be
punished
,
13
Ed.
1.
chap.
3.
Every
one
may
arrest
Night-walkers
which
go
by
the
way
,
for
it
is
for
the
common
profit
,
Rastall
,
Rob.
2.
4
H.
7.
fol.
18.
&
5
H.
7.
fol.
5.
the
same
.
Entry
of
Court
Leet
.
The
view
of
Frank
Pledg
,
England
,
France
,
and
Ireland
,
Defender
of
the
Faith
,
&c.
the
21.
RObert
Martin
by
John
a
Style
Essoyne
of
Course
,
Jurors
.
-
John
Dee
,
-
Richardus
Ree
,
-
John
Penn
,
-
William
Fenn
,
-
John
Hye
,
-
Thomas
Pye
,
-
John
Myles
,
-
Thomas
Gyles
.
Jurors
.
-
William
Neile
,
-
John
Snell
,
-
William
Riggs
,
-
Thomas
Rich
,
-
Richard
Cooke
,
-
John
Turke
,
-
Richard
Leake
,
-
John
Peak
.
First
the
Jury
aforesaid
say
upon
their
Oath
,
That
R.S.
&c.
at
Islington
within
the
Jurisdiction
of
this
Court
,
as
a
Felon
of
the
Queen
,
did
make
a
hundred
gold
Angels
,
and
three
hundred
Groats
,
Also
they
present
,
Tho.
de
I.
predict
Yeoman
,
such
a
day
,
&c.
at
I.
within
the
Jurisdiction
of
this
Court
,
by
force
and
armes
,
&c.
willingly
and
feloniously
(
of
pretended
malice
by
him
)
did
burn
the
house
of
one
J.S.
against
the
Peace
of
the
Queen
,
therefore
the
Bayliffe
is
commanded
to
seise
all
his
Lands
and
Tenements
,
Goods
,
and
Chattels
,
that
he
may
answer
for
them
to
the
Lord
of
this
Mannour
.
Also
they
present
,
That
W.P.
of
I.
aforesaid
,
Labourer
,
such
a
day
,
Also
they
present
,
L.M.
&c.
one
Cow
of
black
colour
,
price
,
&c.
of
the
Chattell
of
one
,
&c.
then
and
there
found
feloniously
to
steal
,
take
,
and
drive
away
,
and
the
said
L.
by
vertue
of
the
counsell
,
provocacation
,
procurement
,
incouragement
,
and
abetment
,
the
aforesaid
,
&c.
the
said
black
Cow
such
a
day
,
&c.
year
,
&c.
feloniously
stole
,
took
,
and
drove
away
,
&c.
They
also
present
,
That
A.
B.
of
I.
aforesaid
,
Yeoman
,
such
a
day
,
Katherine
,
&c.
the
daughter
,
&c.
being
in
the
peace
of
God
,
and
of
the
Queen
,
made
an
assault
,
and
there
against
her
will
did
ravish
her
,
and
did
carnally
know
her
,
against
the
peace
,
&c.
Also
they
present
,
The
same
present
,
E.F.
of
I.
aforesaid
,
Labourer
,
T.
D.
then
and
there
robbed
,
and
sixteen
groats
of
silver
,
and
one
Angell
of
gold
,
of
the
Goods
and
Chattells
of
the
aforesaid
T.D.
in
a
certain
Clokebag
of
his
,
then
and
there
being
,
from
the
person
of
the
said
T.
feloniously
took
and
carried
away
,
against
her
Peace
,
Crown
,
and
Dignity
,
&c.
They
present
,
That
the
aforesaid
T.D.
appearing
robbed
,
Also
they
present
,
That
E.
L.
of
I.
aforesaid
,
Yeoman
,
Also
present
,
That
when
one
B.R.
of
I.
aforesaid
,
Also
they
present
that
T.
J.
of
J.
aforesaid
,
J.
B.
There
and
then
found
,
feloniously
took
and
carryed
away
,
and
that
W.
Q.
The
Bailiff
of
the
aforesaid
Mannor
such
a
day
and
year
,
&c.
at
J.
aforesaid
,
the
aforesaid
T.
L.
for
suspition
of
the
aforesaid
Felony
arrested
,
and
that
W.
F.
of
J.
aforesaid
Laborer
,
by
force
of
Armes
,
&c.
at
J.
aforesaid
,
the
said
day
and
yeare
upon
the
aforesaid
W.
Q.
In
the
Peace
of
God
and
of
the
Queen
being
,
did
make
an
Assault
,
and
the
aforesaid
T.
J.
being
in
the
custody
of
the
said
W.
Then
and
there
feloniously
took
,
carryed
away
and
rescued
,
and
suffered
to
go
free
against
the
Peace
,
&c.
Therefore
it
was
commanded
as
above
,
&c.
Also
present
that
A.
B.
of
J.
aforesaid
Yeoman
,
Also
present
that
J.W.
of
J.
aforesaid
Gent
,
such
a
day
,
&c.
at
J.
within
the
Jurisdiction
of
this
Court
,
a
certaine
tame
Deere
carrying
a
bell
about
his
neck
,
price
,
&c.
Of
the
Goods
and
Chattells
of
one
,
&c.
Then
and
there
found
,
feloniously
took
away
against
the
peace
,
&c.
Therefore
it
is
commanded
,
&c.
Also
they
present
that
one
J.
L.
of
J.
aforesaid
Yeoman
,
Also
present
that
P.
J.
of
J.
aforesaid
Yeoman
,
Also
present
that
W.
B.
and
T.
W.
Of
J.
aforesaid
,
Also
present
,
M.
S.
came
within
the
Jurisdiction
of
this
frank
pledge
,
and
brought
hither
certain
Goods
and
Chattells
by
her
stolne
,
that
is
to
say
,
one
linnen
shirt
price
,
&c.
diverse
other
Clothes
,
videlicet
,
one
Smock
,
one
Petty-coat
,
one
Shirt
,
which
all
are
worth
twenty
shillings
,
and
no
more
,
and
which
all
were
hither
by
the
said
M.
brought
,
and
the
said
M.
here
within
the
Jurisdiction
of
this
Mannor
waved
them
,
left
them
,
and
fled
,
by
which
all
the
Goods
and
Chattells
aforesaid
came
to
the
Lord
of
this
Mannor
,
upon
which
it
was
commanded
to
the
Bailiff
to
seise
them
into
the
hands
of
the
Lord
,
as
escheats
and
forfeited
to
the
Lord
,
and
so
he
did
,
and
the
Chattells
aforesaid
were
delivered
to
the
Lord
in
this
Court
.
Also
they
say
that
they
give
to
the
Lord
for
certainty
for
a
common
Fine
at
this
day
by
an
old
custome
,
six
shillings
eight
pence
.
Also
they
present
upon
their
oath
,
that
John
Rigg
4d
.
Richard
Wrenn
,
4d
.
and
John
Williams
,
4d
.
are
Residents
within
the
Precinct
of
this
frank
pledge
,
and
at
this
day
made
default
,
therefore
every
one
of
them
in
the
mercy
,
as
it
appeareth
upon
their
heads
.
Also
they
present
that
Richard
Wrench
2
d.
William
Finch
2d
.
Robert
Betts
2d
.
and
William
Gibbey
2d
.
did
dwell
within
the
Precinct
of
this
frank
pledge
,
by
the
space
of
a
yeare
and
day
and
more
,
and
not
sworn
to
the
Queen
for
Allegiance
,
therefore
each
of
them
in
the
mercy
,
as
it
appeareth
upon
their
heads
.
Also
present
that
R.
C.
of
J.
aforesaid
Yeoman
,
T.
H.
out
of
the
right
course
that
it
was
wont
to
run
,
therefore
he
was
commanded
,
to
turne
it
into
his
right
course
about
the
feast
,
&c.
upon
pain
,
&c.
Also
present
,
W.
C.
Therefore
it
is
commanded
him
to
cut
or
crop
those
about
the
feast
,
&c.
under
the
pain
,
&c.
Also
present
,
They
present
,
John
Baptist
next
comming
,
upon
pain
,
&c.
Also
they
present
,
R.
W.
made
a
certain
Dung-hil
against
his
House
neere
the
Queens
High-way
,
to
the
noyance
of
the
Queens
People
,
therefore
he
was
commanded
to
remove
and
carry
it
away
,
about
the
Feast
,
&c.
under
the
pain
,
&c.
Also
present
,
R.
S.
to
the
hurt
,
&c.
therefore
he
in
the
Mercy
twelve
pence
,
and
he
is
commanded
to
scowre
and
clense
the
same
about
the
feast
,
&c.
upon
pain
&c.
two
shillings
.
Also
present
that
A.
B.
Widdow
is
a
common
Intertainer
and
receiver
of
Whores
,
Also
present
that
N.
C.
Widdow
is
a
common
Scold
with
her
Neighbours
,
W.
C.
her
Son
in
her
House
,
and
he
is
of
no
good
same
or
government
,
therefore
she
in
the
mercy
,
as
it
appeareth
above
,
&c.
Also
present
that
one
A.B.
Servant
W.
C.
R.
G.
to
the
Lords
Parke
,
there
to
be
imparked
,
came
one
J.
P.
with
great
violence
into
the
aforesaid
Parke
,
with
a
Sword
,
price
five
shillings
,
and
then
and
there
struck
the
said
A.
B.
with
the
same
Sword
upon
his
Head
,
and
so
shed
the
Blood
of
the
said
A.
E.
by
reason
of
which
blow
the
said
B.
fell
to
the
ground
,
as
if
he
had
been
dead
.
Therefore
the
said
D.
R.
in
the
mercy
,
and
is
amerced
by
cheife
suerties
five
shillings
.
Also
present
that
J.
S.
made
a
Fray
within
the
liberty
of
this
Court
and
drew
blood
,
therefore
he
in
the
mercy
,
three
shillings
foure
pence
.
Also
present
that
W.
G.
is
Constable
,
Also
present
that
R.
S.
is
an
Ale-taster
,
Also
present
that
R.
B.
and
W.
G.
Also
present
that
B.
R.
and
C.
D.
Also
present
that
Tho.
J.
and
Wil.
J.
Also
present
upon
their
Oath
that
the
twentieth
day
of
May
,
Also
present
that
there
is
a
Colt
colour
bay
,
of
the
age
of
foure
yeares
or
more
,
which
came
into
this
Lordship
as
a
stray
,
the
ninth
day
of
September
,
the
year
of
the
Reign
of
our
soveraigne
Lady
the
Queen
the
twentieth
,
price
twenty
foure
shillings
,
and
stayed
in
the
custody
of
the
Bailiff
by
the
space
of
a
yeare
and
a
day
,
after
three
Proclamations
at
three
severall
daies
made
,
according
to
the
form
of
the
Statute
,
therefore
the
property
of
that
Colt
is
in
the
Lord
.
Also
present
that
W.
M.
twelve
pence
and
R.
B.
twelve
pence
are
common
Bakers
of
mans
Bread
,
Also
present
that
Richard
W.
and
J.
D.
are
common
Brewers
of
Drink
,
Also
present
that
E.
W.
and
W.
X.
by
their
Wives
are
common
sellers
of
Drink
,
First
,
It
is
ordained
that
R.
B.
shall
make
and
scowre
his
Ditch
at
the
foot
of
the
great
hill
,
John
Baptist
next
comming
,
upon
the
paine
of
every
perch
thereof
eight
pence
.
Also
it
is
ordained
that
T.
M.
shall
reforme
and
lay
,
Wash
lane
and
Perham
Rye
common
,
before
the
Feast
of
All
Saints
next
coming
,
under
the
paine
of
every
Perch
not
reformed
and
laid
out
,
twenty
pence
.
Also
it
is
ordained
that
none
shall
suffer
his
Beasts
,
that
is
to
say
,
Also
it
is
ordained
that
W.
J.
shall
remove
his
Dunghill
lying
by
the
Queens
high
way
against
his
House
,
Also
it
is
ordained
that
J.
F.
Islington
to
Hogsden
,
upon
the
pain
of
forfeiting
to
the
Lord
ten
shillings
.
Also
it
is
ordained
that
every
one
yoke
o●
ring
his
Hogs
before
the
Feast
of
S.
Michael
the
Archangell
next
,
and
the
same
keep
so
yoked
and
ringed
till
the
Feast
of
S.
John
the
Baptist
,
then
next
following
,
upon
the
paine
of
forfeiting
to
the
Lord
for
every
Hogge
,
for
every
week
,
three
shillings
six
pence
.
The
end
of
the
Court
Leet
.
The
manner
of
keeping
a
Court
Baron
.
The
Court
of
R.F.C.
there
held
the
Tuesday
,
that
is
to
say
,
Prebend
the
14.
day
of
May
,
the
yeare
of
the
Reigne
of
Queen
of
Isling
—
Elizabeth
,
by
the
Grace
of
God
,
of
England
,
France
,
ton
.
and
Ireland
,
Defender
of
the
Faith
,
&c.
26.
held
by
I.K.
the
Steward
.
IS
.
&
I.D.
&
R.R.R.
Essoyned
of
Common
,
John
Doo
,
|
|
Robert
Dodge
,
|
Richard
Roo
,
|
|
Thomas
Lodge
,
|
John
Den
,
|
Sworn
.
|
Adam
Clarke
,
|
Richard
Fenn
,
|
|
David
Parke
,
|
Walter
Helen
,
|
|
Henry
Roo
,
|
Robert
Allen.
|
|
William
Croo.
|
First
,
after
the
stile
of
the
Court
is
entered
,
you
shall
make
once
O
Yes
,
and
then
call
the
Suitors
,
and
after
that
another
O
Yes
shall
be
made
,
and
then
the
Steward
shall
say
,
If
any
will
be
Essoyned
,
or
enter
any
Plaint
,
come
you
in
,
and
you
shall
be
heard
.
And
after
your
Essoyne
entred
,
and
your
Plaint
determined
,
then
impannell
your
Jury
and
swear
them
.
And
after
the
Enquest
is
impannelled
and
sworn
,
make
another
O
Yes
,
and
then
you
shall
say
,
You
good
men
which
be
impannelled
,
come
neare
,
and
you
and
all
other
keep
silence
,
during
your
Charge
.
An
exhortation
to
the
Jury
.
YOu
good
men
which
are
sworne
,
before
that
I
enter
to
give
to
you
the
Charge
,
I
intend
to
shew
to
you
by
what
Authority
you
are
assembled
,
and
for
what
purpose
.
First
,
you
ought
to
consider
,
that
there
are
three
causes
of
your
meeting
.
1.
One
cause
is
,
for
that
you
be
resident
,
and
dwelling
within
the
Precinct
of
the
Leet
here
to
be
held
,
and
for
that
you
ought
to
appeare
.
2.
The
second
cause
is
,
for
that
some
of
you
hold
Land
of
the
Lord
of
this
Mannour
,
some
as
Free-holders
,
some
as
Copy-holders
,
and
by
reason
of
some
of
your
Tenures
,
you
ought
to
make
Suit
to
the
Court
Baron
of
your
Lord
,
from
three
weeks
to
three
weeks
,
if
this
Court
be
so
warned
.
3.
The
third
is
,
you
may
here
learn
the
Lawes
,
to
know
what
thing
to
follow
,
and
what
to
avoid
,
by
which
that
which
is
good
may
be
the
better
followed
,
and
ill
things
the
better
be
avoided
,
being
presented
by
you
,
and
punished
;
and
for
that
,
that
every
one
may
live
,
and
injoy
that
which
he
hath
with
quietnesse
,
and
the
Common-wealth
may
flourish
,
and
vertue
abound
;
and
then
for
that
you
may
better
inquire
and
present
,
I
have
ministred
to
you
a
corporall
Oath
,
which
I
counsell
you
to
consider
,
and
the
parts
of
that
,
which
are
three
,
that
is
to
say
,
Truth
,
Judgement
and
Justice
.
Truth
,
that
you
shall
present
nothing
but
truly
,
and
that
you
shall
not
omit
any
thing
of
the
truth
not
presented
.
With
Judgement
,
that
you
shall
present
all
things
with
good
advisement
,
and
that
you
shall
not
be
negligent
to
inquire
out
the
truth
in
all
matters
to
be
presented
.
With
Justice
,
that
you
shall
not
for
favour
,
nor
for
corruption
of
reward
,
nor
for
feare
,
nor
for
displeasure
,
nor
for
private
hurt
or
profit
which
may
come
to
your selves
,
nor
for
malice
,
that
you
present
any
thing
:
And
these
three
principall
things
you
ought
well
to
regard
in
your
Oath
.
And
at
the
last
note
,
that
you
run
not
into
wilfull
perjury
,
which
if
you
do
,
you
condemne
your
souls
,
and
provoke
the
anger
of
God
,
and
get
punishment
to
your selves
and
your
posterities
in
this
world
,
and
you
get
to
you
the
torments
of
the
Devill
and
hell
,
after
this
life
,
for
ever
.
But
if
you
keep
well
your
Oath
,
you
obtaine
by
that
,
great
profit
and
commodity
;
for
by
that
wrong
shall
be
redressed
,
peace
and
tranquility
shall
be
maintained
,
and
right
and
publike
good
preserved
,
and
you
shall
live
in
quiet
,
and
hold
your
Goods
,
Lands
,
and
Lives
,
in
peace
and
quietnesse
,
and
you
shall
be
accounted
after
this
life
,
among
the
Saints
of
God
,
and
shall
have
life
eternall
;
and
over
that
observe
you
,
that
I
may
by
the
Law
charge
another
Jury
immediately
to
inquire
of
your
concealments
and
perjuries
,
and
that
you
shall
finde
by
putting
great
Fines
and
Amerciaments
upon
you
,
and
imprisoning
your
bodies
:
And
to
conclude
,
first
,
now
if
you
remember
your
duties
to
God
,
as
I
have
said
,
that
will
move
you
to
keep
your
Oathes
,
and
the
love
that
you
owe
to
the
Common-wealth
,
with
consideration
of
your selves
,
wives
,
sonnes
,
and
posterity
,
and
the
fear
of
God
,
and
regard
of
honesty
,
and
all
these
well
considered
,
then
you
will
present
justly
,
and
truly
the
things
which
I
shall
give
to
you
in
Charge
;
and
I
make
an
end
,
and
the
Articles
of
your
Charge
follow
.
Then
followeth
the
Charge
in
Court
Baron
.
The
Charge
in
Court
Baron
.
FIrst
,
you
ought
to
inquire
of
all
persons
which
owe
Suit
to
this
Court
,
and
who
make
default
,
and
present
their
names
;
and
you
ought
to
note
,
that
all
such
persons
which
hold
any
Land
of
the
Lord
by
Suit
of
Court
,
in
what
place
they
dwell
,
and
of
what
age
he
is
,
that
should
make
Suit
to
the
Court
,
or
otherwise
he
ought
to
be
amerced
,
and
Amerciament
is
by
custome
,
for
by
the
Common-Law
they
shall
be
distrained
,
and
that
is
called
Suit-service
,
and
that
is
by
reason
of
the
Tenure
,
and
if
any
such
person
which
oweth
Suit
to
the
Lord
be
in
Ward
to
the
King
,
neverthelesse
he
may
be
amerced
,
for
not
making
Suit
to
the
Court
of
the
Lord
;
but
the
Lord
cannot
destraine
for
this
Amerciament
during
his
Wardship
,
yet
after
Livery
,
the
Lord
may
destraine
for
the
whole
Amerciament
.
And
if
there
be
two
Coparceners
,
And
so
it
is
of
Joyn-Tenants
,
the
Suit
may
be
made
by
agreement
by
one
,
and
the
other
shall
be
contributary
,
by
Marleb
.
chap.
9.
but
if
one
holds
twenty
acres
by
Suit
of
Court
,
and
alien
that
to
twenty
severall
persons
,
by
the
Statute
of
Quia
emptores
terrarum
,
every
one
shall
make
Suit
severally
.
2.
Rastal
.
Suit
.
1.
Also
if
any
Tenant
be
dead
after
the
last
Court
,
or
before
,
and
his
death
not
presented
,
you
ought
to
inquire
what
Lands
he
holds
of
this
Mannour
,
and
if
they
were
held
by
Knights
service
,
3.
Also
if
any
Tenant
which
holds
by
Knights
Service
alien
his
Land
by
collusion
to
defeat
the
Lord
of
his
Ward
,
and
other
Profits
,
it
is
inquirable
.
4.
Also
if
any
Tenant
which
holds
by
Knights
service
be
disseised
,
and
dieth
disseised
,
his
Heire
within
age
,
the
Lord
shall
have
him
in
Ward
;
and
if
any
Tenant
which
holdeth
by
Knight-Service
die
,
his
Heire
male
within
age
of
21.
years
,
the
Lord
shall
have
the
Land
in
Ward
,
till
the
age
of
21
years
,
and
also
his
Marriage
,
unlesse
he
be
married
,
Littleton
,
fol.
19.
5.
If
the
Father
which
holds
in
Knights
Service
marry
his
daughter
within
age
,
to
a
husband
of
full
age
,
and
dies
,
the
Lord
shall
not
have
the
Wardship
of
the
Land
,
and
if
she
were
of
full
age
,
the
Lord
shall
not
have
the
Wardship
of
the
Land
;
but
if
she
were
within
age
,
and
marry
to
a
husband
within
age
,
the
Lord
shall
have
the
Land
in
Ward
till
the
age
of
14.
years
,
Natura
brevium
,
fol.
98.
But
if
such
Tenant
die
,
his
heire
female
being
of
the
age
of
14.
years
or
more
,
and
not
married
,
she
shall
not
be
in
Ward
,
nor
her
Land
,
but
if
she
were
within
age
of
14.
years
and
not
married
,
she
shall
be
in
Ward
of
Body
and
Land
till
the
age
of
16.
years
,
and
if
she
were
married
in
the
life
of
her
father
,
within
the
age
of
14.
years
,
her
land
shall
be
in
Ward
till
the
age
of
14.
years
,
and
no
more
,
Littleton
,
fol.
19.
6.
And
you
ought
to
note
,
that
there
is
Knights
Service
of
a
common
person
,
that
is
,
where
one
holds
of
his
Lord
by
Homage
,
Fealty
,
and
Escuage
,
that
is
to
say
,
when
it
is
assessed
to
more
,
more
,
and
when
to
lesse
,
lesse
,
Littleton
,
fol.
19.
and
where
one
holdeth
by
keeping
a
Castle
,
or
by
blowing
a
Horn
,
that
is
Knights
service
.
7.
And
Soccage
Tenure
is
where
one
holds
by
Homage
and
Fealty
,
or
by
Fealty
and
Rent
,
or
by
Homage
,
Fealty
,
Rent
,
and
by
Suit
of
Court
for
all
manner
of
Services
,
or
in
Burgage
;
and
if
such
Tenant
die
,
his
issue
within
age
of
14.
years
,
then
the
next
freind
of
the
heire
to
whom
the
inheritance
cannot
descend
,
shall
have
the
Ward
of
the
Land
,
and
of
the
Heir
till
14.
years
,
and
then
give
an
account
to
the
Heir
of
the
profits
taken
;
but
this
Gardian
shall
have
his
reasonable
allowance
for
his
costs
and
expences
,
Littleton
,
fol.
22.
See
Natura
Brevium
,
fol.
97.
8.
Releife
by
Soccage
is
as
much
as
the
cheif
Rent
is
by
the
yeare
,
which
he
payes
to
his
Lord
,
and
this
is
due
forthwith
after
the
death
of
his
Tenant
in
Soccage
,
so
that
the
Heire
be
past
his
age
of
14.
yeares
,
Littleton
,
fol.
24.
9.
And
if
Land
be
held
by
Knight
Service
,
and
his
Tenant
dies
,
his
Heire
of
full
age
,
the
Releif
is
due
to
the
Lord
,
and
if
he
hold
by
an
intire
Fee
of
a
Knight
,
the
Releife
is
one
hundred
shillings
,
and
if
he
hold
by
the
halfe
of
a
Fee
,
fifty
shillings
,
and
so
according
to
the
rate
,
Littleton
,
fol.
21.
and
all
these
profits
are
inquirable
.
10.
Also
if
any
Rent
,
Custome
,
11.
12.
Also
if
any
Villaine
of
the
Lord
be
,
and
what
Goods
,
Note
,
If
a
Villaine
purchase
Lands
,
and
doe
not
alien
them
before
the
Lord
enter
into
them
,
the
Lord
shall
have
them
:
Otherwise
it
is
if
the
Villaine
alien
them
before
the
entry
of
the
Lord
;
the
same
Law
is
of
Goods
,
Litt.
fol.
33.
●but
the
Lord
cannot
seise
the
Goods
which
a
Villain
hath
as
Executor
,
Litt.
fol.
35.
If
a
Villain
be
made
a
Chaplaine
Secular
,
the
Lord
may
seise
him
as
his
Villaine
,
and
his
Goods
;
but
otherwise
it
is
if
he
enters
in
Religion
:
Or
if
a
Free
man
espouse
a
Villaine
Woman
without
the
license
of
the
Lord
,
or
by
that
,
this
is
inquirable
.
If
a
Villain
dwell
in
ancient
Demesne
of
the
King
,
which
is
in
the
Kings
hands
,
and
hath
dwelt
there
by
a
yeare
and
a
day
,
the
Lord
cannot
seise
him
,
nor
shall
have
a
Writ
of
Nativo
habendo
,
so
long
as
he
dwelleth
there
:
But
if
the
Lord
claime
him
within
the
yeare
,
that
hee
cometh
into
ancient
Demesne
,
and
so
makes
his
claime
within
every
yeare
and
〈◊〉
day
,
then
the
Villain
shall
not
take
advantage
by
his
being
there
,
and
if
the
Villaine
dwell
in
another
Mannor
of
ancient
Demesne
,
which
is
in
possession
of
another
then
the
King
,
the
Lord
may
seise
him
,
Fitzh
.
fol.
79.
a.
and
from
thence-going
that
,
the
Lord
may
make
his
claime
,
if
he
goe
in
ancient
Demesne
,
is
inquirable
.
Also
if
any
of
the
Tenants
of
the
Lord
be
dead
without
Heire
generall
or
speciall
,
Littleton
,
fol.
2.
And
if
the
Tenant
be
disseised
,
and
dyes
without
heire
,
the
Lord
shall
have
the
Escheat
.
14.
15.
Also
if
any
Tenant
within
this
Mannour
,
16.
17.
18.
19.
20.
21.
Also
if
any
Bailiff
,
or
Officer
make
any
arrest
for
Rent
,
22.
23.
24.
Note
,
that
all
the
void
Land
and
Waste
within
the
Mannor
is
to
the
Lord
of
the
Mannor
.
25.
Also
if
any
within
this
Mannor
,
Rast.
Husb.
1.
and
6.
shal
have
the
halfe
of
the
profits
of
this
to
his
owne
proper
use
,
till
that
be
maintained
again
for
Husbandry
,
4
H.
7.
chap.
19.
and
5
Eliz.
chap.
2.
and
that
for
the
benefit
of
the
Lord
is
inquirable
.
26.
Also
if
any
Tenant
,
hath
inclosed
any
Land
,
27.
Also
if
any
keep
and
withdraw
any
Evidences
,
28.
Also
if
any
thing
pained
before
to
be
done
,
29.
Also
if
any
Coppy-holder
,
30.
Also
if
any
Coppy-holder
,
make
a
change
of
the
possession
of
his
Coppy-hold
,
for
Charter
Land
,
or
otherwise
,
that
the
Lord
may
have
any
disadvantage
,
in
mending
of
one
and
impairing
of
another
,
that
is
inquirable
.
31.
Also
if
any
Coppy-holder
alien
any
of
his
Coppy-hold
by
Deed
,
and
make
livery
of
Seisin
acording
to
the
Deed
it
is
a
forfeiture
,
and
inquirable
,
Lit.
fol.
14.
31.
Also
if
any
Coppy-holder
cut
any
Tree
which
is
a
Hedg-row
without
license
of
the
Lord
,
is
a
forfeiture
,
if
not
by
the
custome
of
the
Mannor
used
time
out
of
mind
,
&c.
This
Coppy-holder
hath
used
to
cut
his
Trees
and
Wood
at
his
pleasure
,
it
is
inquirable
.
33.
Also
if
any
Coppy-holder
,
which
hath
not
his
Wood
by
custome
of
the
Mannor
to
himself
,
but
his
Lord
hath
that
there
,
if
he
lop
or
top
any
Trees
of
his
Coppy-hold
in
unseasonable
time
,
by
which
that
starveth
,
that
is
a
forfeiture
,
and
is
inquirable
.
Note
that
Tenant
at
will
by
the
Common
Law
,
may
take
House-boote
,
Hedg-boote
,
and
Plough-boote
,
and
cut
that
in
seasonable
time
,
and
so
may
Tenant
by
Copy
of
Court
Role
do
of
a
Coppy-hold
.
34.
Also
if
any
Coppy-holder
suffer
his
House
which
is
Coppy-hold
to
decay
and
fall
down
,
or
do
not
repaire
that
,
but
suffer
that
to
be
uncovered
,
by
which
there
is
wast
,
that
is
a
forfeiture
and
inquirable
;
if
it
be
not
by
the
custome
of
the
Mannor
,
that
they
may
suffer
their
Houses
to
decay
and
fall
down
,
and
yet
no
forfeiture
by
the
custome
,
and
also
in
some
Mannors
the
Tenants
may
suffer
waste
in
their
Houses
,
and
also
cut
their
Trees
at
their
pleasures
,
and
shall
not
be
punished
,
for
it
is
lawfull
by
the
custome
of
diverse
Mannors
.
35.
Also
if
any
Coppy-holder
dye
seised
of
any
Coppy-hold
,
who
is
his
next
Heir
,
and
of
what
age
he
is
,
or
if
any
Coppy-holder
by
the
custome
of
the
Mannor
hath
surrendred
any
Coppy-hold
into
the
hands
of
the
Bailist
,
or
any
Tenants
,
after
the
last
Court
to
the
use
of
another
,
for
of
every
such
surrender
the
Lord
ought
to
have
a
Fine
,
and
the
parties
in
whose
hands
the
surrender
was
made
,
ought
to
come
to
the
next
Court
,
and
present
the
same
surrender
so
taken
,
and
give
it
into
the
hands
of
the
Lord
to
the
use
of
the
Alienee
,
or
otherwise
he
ought
to
forfeit
his
Coppy-hold
,
if
he
have
not
a
reasonable
excuse
,
insomuch
that
he
doth
not
bring
in
the
surrender
by
him
taken
,
but
doth
what
lieth
in
him
to
make
the
Lord
loose
his
Fine
,
and
also
to
dis-inherit
the
other
party
,
to
whose
use
the
surrender
was
made
.
36.
Also
if
any
Tenant
which
holds
by
Harriot
service
,
or
Harriot
custome
,
dye
seised
of
any
Land
or
Tenement
so
held
,
and
that
a
Harriot
is
due
to
the
Lord
,
and
also
if
any
such
Tenant
hath
aliened
any
parcell
of
his
Land
so
held
,
the
Lord
shall
have
for
every
of
their
severall
parts
,
diverse
Harriots
at
their
severall
deaths
,
as
if
a
man
hath
two
parcells
of
Land
held
by
Harriot
service
,
and
by
severall
Titles
,
and
dye
seised
of
the
same
,
the
Lord
shall
have
two
Harriots
;
and
also
you
shall
present
if
any
Harriot
be
carried
out
of
this
Lordship
,
by
whom
it
is
,
and
where
they
are
.
37.
38.
Also
you
shall
inquire
,
if
any
one
have
fished
,
souled
;
hawked
or
hunted
within
this
Mannor
,
or
within
the
Demesnes
of
the
Lordship
,
without
license
of
the
Lord
,
and
present
their
names
.
39
Also
if
any
hath
taken
Pheasants
,
or
Partridges
in
their
nests
,
or
the
egges
of
them
within
the
Demesnes
of
the
Mannour
,
or
the
egges
of
the
Swans
of
the
Lord
,
and
present
their
names
.
40.
Also
you
shall
inquire
if
all
the
defaults
and
plaints
which
were
presented
at
the
last
Court
,
were
sufficiently
amended
,
or
not
,
and
if
all
the
Lawes
and
Orders
before
by
you
made
,
be
observed
and
kept
,
or
not
;
and
further
you
shall
inquire
of
all
other
things
,
which
in
your
consciences
you
beleive
to
be
convenient
to
be
inquired
of
,
and
you
shall
bring
in
your
Verdict
in
writing
such
an
hour
:
And
now
you
may
depart
,
and
inquire
of
your
Charge
,
having
regard
to
that
which
you
have
sworn
,
and
note
that
you
keep
well
your
Oath
.
Hawkers
and
Hunters
.
WEst
.
1.
ch.
1.
forbiddeth
that
none
shall
chase
in
anothers
Park
,
nor
fish
in
anothers
River
,
and
if
he
do
,
he
shall
be
imprisoned
,
and
fined
,
and
if
none
will
sue
,
the
King
shall
have
the
Suit
as
in
a
thing
made
against
the
Peace
,
and
the
King
shall
make
inquiry
from
year
to
year
,
&c.
Fitzh
.
67.
D.
Westm.
1.
chap.
20.
It
is
provided
for
Offenders
in
Parks
and
in
Rivers
,
that
if
any
of
them
be
attaint
by
the
Suit
of
the
Plaintiff
,
it
shall
be
accounted
good
,
and
amends
made
according
to
the
manner
of
the
Trespasse
,
and
shall
have
imprisonment
for
three
years
,
and
then
shall
be
fined
,
and
if
he
hath
not
to
pay
a
Fine
,
he
shall
be
banished
or
out-lawed
,
and
if
the
party
sue
not
within
the
yeare
,
the
King
shall
have
the
suit
.
39.
H.
7.
chap.
11.
If
any
person
,
not
having
a
Parke
,
Chase
,
nor
Forrest
,
keep
any
nets
,
called
Deer-Hayes
,
o●
Buc●stalls
,
or
stalk
with
bush
or
beast
in
anothers
Park
,
Chase
,
or
Forrest
,
without
license
,
he
shall
forfeit
ten
pound
to
any
person
which
will
sue
for
the
same
.
31.
H.
8.
chap.
12.
Where
Hunters
in
the
day
or
night
with
vizards
,
or
painted
faces
,
it
was
felony
,
now
it
is
not
.
5.
Eliz.
c.
21.
Every
one
which
wrongfully
taketh
Hawks
,
or
their
egges
by
night
or
day
,
and
be
convict
,
shall
pay
treble
damages
,
and
suffer
imprisonment
three
years
,
but
these
Statutes
aforesaid
are
not
inquirable
in
a
Leet
.
43.
Ed.
3.
fol.
24.
Trespasse
,
why
by
force
of
armes
his
Deer
,
price
forty
shillings
(
where
it
was
wilde
)
he
took
,
and
the
Writ
abated
,
18.
Ed.
4.
fol.
14.
the
same
.
3
H.
6.
f.
58.
Trespasse
,
he
entered
into
his
Warren
,
and
took
a
1000.
hares
,
and
doth
not
say
his
,
yet
it
is
good
.
Fitzh
.
86.
L.
&
89.
R.
Trespasse
lieth
by
force
of
arms
,
the
young
hawkes
of
his
hawkes
,
price
so
much
,
he
took
,
and
why
he
entered
his
Warren
,
and
took
Hares
,
Coneys
,
and
Pheasants
,
and
not
his
,
and
good
,
for
he
hath
no
property
,
22.
H.
6.
fol.
65.
Doctor
&
Student
,
fol.
9.
None
hath
property
of
Birds
,
Fowle
,
wilde
Beasts
of
Forrest
,
and
Warren
,
yet
the
eggs
of
Hawks
,
Herons
,
and
such
like
,
are
to
them
which
owe
the
Land
.
Fitzh
.
67.
No
man
shall
be
taken
and
imprisoned
for
Vert
or
Veneson
,
if
he
be
not
found
with
the
manner
,
or
indicted
,
Nat.
bre.
fol.
41.
the
same
.
See
Britton
,
fol.
84.
18.
Ed.
4.
fol.
14.
Where
a
man
licenses
me
to
hunt
and
kill
a
Buck
in
his
Park
,
my
servant
cannot
come
in
by
my
commandment
,
for
the
license
shall
be
strict
to
him
to
whom
it
is
given
.
2.
Ed.
4.
fol.
5.
Trespasse
,
one
cannot
justifie
by
license
of
a
Keeper
to
kill
a
Deer
.
16.
Ed.
4.
fol.
7.
Trespasse
,
by
force
of
armes
he
broke
his
Dove-house
,
and
took
his
Pigeons
in
the
same
,
and
good
,
but
not
abroad
when
they
are
out
,
and
have
no
mark
,
and
are
in
the
fields
.
38.
Ed.
3.
fol.
12.
Trespasse
for
entering
into
his
Warren
,
and
took
his
Pheasants
,
it
was
held
that
if
the
Defendant
fly
a
Pheasant
in
his
own
land
out
of
the
Warren
,
and
his
Hawke
fly
and
kill
in
anothers
Warren
,
his
entry
into
the
Warren
is
a
wrong
.
Treheron
in
his
reading
shewed
,
that
Forrest
ought
to
be
by
Commission
and
Proclamation
,
and
that
a
common
person
cannot
have
a
Forrest
,
that
is
to
say
,
cannot
make
a
Forrest
,
nor
use
Forrest-Lawes
,
as
it
is
said
:
And
to
a
Forrest
there
are
divers
Officers
,
and
to
this
is
incident
a
Court
of
Swannimote
,
but
a
common
person
may
have
a
Chase
or
Park
by
Grant
or
Prescription
,
and
Forrest-Lawes
shall
not
be
to
a
Chase
,
nor
Court
of
Swannimote
,
the
Statute
of
13.
R.
2
is
not
inquirable
in
a
Leet
,
but
before
Justices
of
Peace
,
that
is
to
say
,
that
it
is
that
no
Artificer
,
nor
Lay
man
which
hath
not
Lands
to
the
value
of
forty
shillings
per
annum
,
and
no
Clark
which
is
not
advanced
to
ten
pound
per
annum
,
shall
not
keep
a
Harrier
,
or
other
Dog
to
Chase
,
nor
shall
use
Ferrets
,
Hayes
,
Nets
,
Harepipes
,
nor
Cords
,
nor
other
Engines
to
take
or
to
distroy
wilde
beasts
,
upon
pain
of
imprisonment
for
a
year
,
yet
it
is
inquirable
in
a
Court
Baron
,
if
any
hunt
or
hawke
within
a
Park
,
Chase
,
Warren
,
or
Demesne
Lands
of
the
Lord
of
the
Mannour
without
his
license
,
and
for
that
something
of
that
shall
be
said
.
12.
H.
8.
fol.
3.
Trespasse
lieth
for
taking
a
Hound
or
Deere
out
of
the
possession
of
the
Plaintiffe
,
and
hath
possession
,
and
not
property
.
12.
H.
8.
fol.
10.
One
hath
but
possession
of
a
Deer
,
and
if
they
go
out
,
catch
that
catch
may
:
and
if
any
Hawke
kill
a
Pheasant
in
your
Land
,
it
seems
that
I
shall
have
the
Pheasant
,
and
yet
it
seems
,
that
one
cannot
hunt
nor
hawke
in
anothers
Land
.
10.
H.
7.
fol.
30.
Account
lieth
against
a
Keeper
for
the
Deer
,
for
he
hath
possession
as
a
Bailiffe
;
one
may
grant
liberty
to
one
to
take
every
year
a
Deer
,
or
to
the
Keeper
the
shoulders
of
them
killed
.
13.
H.
7.
fol.
10.
Where
a
Deer
▪
is
given
to
one
,
he
may
bring
in
his
servants
to
take
it
,
for
otherwise
peradventure
he
cannot
serve
his
Warrant
.
13.
H.
7.
fol.
13.
It
is
said
,
If
one
hath
license
to
chase
,
he
cannot
kill
,
18.
Ed.
4.
fol.
14
15.
H.
7.
fol.
16.
Fine
for
hunting
shall
be
greater
then
the
trespasse
.
21.
H.
7.
fol.
30.
It
is
lawfull
for
one
to
kill
a
Hart
out
of
the
Forrest
,
though
he
be
proclaimed
.
12.
H.
8.
fol.
4.
saith
,
That
one
may
distrain
a
Brache
doing
damage
which
enters
into
my
Close
to
chase
,
2
Ed.
3.
tit
.
distresse
20.
48.
Ed.
3.
fol.
8.
He
that
hath
land
adjoyning
to
a
Chase
,
may
hunt
Deer
out
of
his
ground
with
a
little
Dog
,
but
not
with
Begles
,
and
by
some
if
the
Dog
follow
them
into
the
Chase
,
and
the
owner
drives
them
back
,
yet
if
they
kill
the
beast
,
trespasse
doth
not
lye
.
Seek
18
H.
6.
f.
22.
Held
that
if
a
man
goe
in
the
way
adjoyning
to
a
Park
,
and
his
Dogs
break
his
Leash
,
and
kill
a
Deere
in
the
Parke
against
his
will
,
and
he
call
them
back
,
he
shall
not
be
punished
;
but
it
seems
that
if
he
doe
not
what
he
can
to
hinder
them
,
it
shall
be
a
trespasse
.
Fitzh
.
19.
If
one
incite
or
procure
his
Dog
to
bite
a
man
,
he
shall
have
his
trespasse
upon
that
.
Assise
.
IN
so
much
that
an
Assise
is
brough
of
a
Copy-holder
,
some
thing
is
to
be
noted
to
you
touching
Assises
.
And
first
I
intend
,
That
if
a
Copi-holder
of
Inheritance
dyeth
seised
of
a
Copi-hold
,
and
his
heire
enter
(
as
he
may
)
though
there
be
no
Court
kept
,
and
he
not
admitted
,
and
be
outed
by
a
stranger
of
that
diss●isic
,
he
shall
have
a
Plaint
in
nature
of
an
Assise
.
Seek
,
for
it
is
13
Eliz.
by
the
Justices
,
If
Tenant
by
Copy
of
Court
Roll
,
dye
seised
,
and
his
heire
enter
and
take
the
profits
,
he
is
no
trespasser
,
though
the
Lord
hath
not
admitted
him
Tenant
;
and
though
no
Court
were
held
there
in
seven
yeares
;
and
further
there
said
,
that
it
was
adjudged
in
the
Chancery
,
That
if
Tenant
by
Copy
of
Court
Roll
hath
issue
two
Daughters
by
diverse
Women
,
and
they
enter
and
take
the
profits
,
and
one
dyes
before
any
Court
held
,
now
her
Cozen
collaterall
ought
to
Inherite
as
heire
to
her
,
and
not
the
other
Sister
as
heire
to
the
Father
,
which
proves
that
this
was
a
seisin
according
to
their
Custome
:
The
same
Law
is
if
a
Copl-holder
be
admitted
,
and
after
is
thrust
out
by
another
,
or
if
another
be
admitted
to
it
,
and
by
this
,
he
that
was
first
admitted
is
thrust
out
by
him
which
was
secondly
admitted
,
the
first
Admittee
shall
have
a
Plaint
in
nature
of
an
Assise
of
that
disseisin
.
Plowden
,
Com.
fol.
528.
Parson
before
Induction
,
cannot
grant
an
anuity
,
for
he
hath
no
possession
;
so
it
seems
if
a
Copi-holder
dye
seised
,
his
issue
shall
not
have
an
Assise
before
admittance
,
Fitz.
177.
a.
Where
Tenant
for
life
;
in
Fee
simple
,
or
Fee
taile
,
is
disseised
of
his
Lands
and
Tenements
,
or
outed
of
that
against
his
will
,
this
is
disseisin
,
and
he
shal
have
an
Assise
of
novel
disseisin
,
Nat.
brevium
,
fol.
107.
Fitz.
195.
c.
Where
my
Father
or
my
Mother
,
my
Brother
or
my
Sister
,
or
my
Unkle
or
my
Aunt
,
or
Nephew
or
Neece
,
dye
seised
of
any
Lands
or
Tenements
or
of
Rents
,
of
an
Estate
of
Fee
simple
;
now
if
a
stranger
take
possession
of
this
Land
or
Rent
after
their
death
,
I
which
am
their
heire
shall
have
an
Assise
of
Mortdancester
,
Nat.
brevium
,
fol.
118.
So
for
a
Copi-hold
in
Fee
,
If
my
Father
,
Mother
,
Brother
,
or
Sister
,
Unkle
,
Aunt
,
Nephew
,
or
Neece
,
dye
seised
of
that
,
and
a
stranger
enters
,
I
shall
have
a
plaint
and
make
protestation
to
Sue
in
nature
of
a
Mortdancester
,
and
upon
disseisin
as
above
,
in
nature
of
an
Assise
of
novel
Disseisin
;
and
it
seemeth
I
have
not
seisin
to
maintaine
an
action
of
my
owne
seisin
in
the
Lords
Court
,
unlesse
I
be
Tenant
to
the
Lord
,
and
that
is
where
I
am
admitted
,
for
by
the
admittance
of
the
Lord
,
it
shall
be
said
(
The
Lord
hath
granted
seisin
,
and
he
is
admitted
Tenant
:
)
And
by
this
he
is
Tenant
to
have
an
Assise
,
and
not
before
,
yet
before
he
may
take
the
profits
,
though
there
be
no
Court
to
he
admitted
,
for
it
was
no
folly
in
him
,
but
may
have
his
action
at
the
Common
Law
,
upon
the
possession
of
his
Ancestour
,
which
was
admitted
,
though
I
were
not
admitted
:
And
so
where
my
Father
dyeth
seised
of
a
Copi-hold
in
Fee
,
and
I
am
admitted
,
and
after
another
makes
claime
to
it
,
and
is
also
afterwards
admitted
and
enters
,
he
cannot
have
a
Plaint
in
nature
of
an
Assise
of
novell
disseisin
against
me
,
for
26
H.
8.
fol.
3.
If
one
he
admitted
,
instituted
,
and
inducted
,
to
a
Benefice
,
and
after
another
be
presented
,
and
outs
him
,
he
shall
have
an
Assise
or
a
Trespasse
,
but
he
presented
cannot
.
And
so
if
there
be
Grandfather
,
Father
,
and
Son
,
and
the
Grandfather
was
admitted
,
and
dyes
,
and
the
Father
enters
,
and
dyes
before
admittance
;
the
Son
in
this
case
shall
have
a
Plaint
in
the
nature
of
a
Writ
of
Ayell
,
and
not
an
Assise
of
Mortdancester
.
And
by
the
Statute
of
32
H.
8.
chap.
2.
it
is
Enacted
,
that
no
person
shall
sue
,
have
,
or
maintaine
any
action
for
any
Lands
or
Tenements
upon
his
owne
possession
,
above
thirty
yeares
next
before
that
began
.
If
the
Lord
of
a
Mannour
grant
by
Copy
,
the
Tenements
of
a
Copi-holder
,
without
lawfull
cause
in
Fee
,
or
for
life
,
and
the
Grantee
enter
,
hee
which
hath
right
,
may
have
an
Assise
against
the
Grantee
if
he
were
first
admitted
:
As
the
King
by
his
Letters
Patents
,
grants
to
another
my
Land
,
and
the
Patentee
enter
by
force
of
this
Grant
,
I
shall
have
an
Assise
:
If
a
Copi-hold
discend
,
the
heire
shall
have
a
trespasse
at
the
Common
Law
before
admittance
,
as
above
.
Seisin
of
Assise
.
What
Seisin
is
sufficient
to
have
Assise
,
and
what
not
.
THe
Warden
of
an
Hospitall
shall
have
an
Assise
of
Rent
,
where
his
Predecessor
was
seised
,
and
not
he
himselfe
,
for
the
seisin
of
the
Predecessor
is
the
seisin
of
the
House
,
15
Ed.
3.
Tit.
39.
accordingly
of
an
Abbot
and
Prior
,
Fitz.
fol.
179.
c.
and
8.
As.
16.3
.
As.
5.
according
also
of
a
Chauntry
Priest
,
34.
As.
5.
Assise
is
not
maintainable
against
him
which
hath
but
a
free
hold
in
Law
,
for
of
that
seisin
,
an
Assise
doth
not
lye
,
and
yet
of
that
seisin
a
Wife
shall
be
endowed
,
Litt.
fol.
152.
If
a
man
which
hath
a
title
to
enter
set
his
foot
upon
the
Land
and
is
outed
,
that
is
a
sufficient
Seisin
to
have
an
Assise
,
22
Ed.
3.
Br.
Seisin
52.
If
one
put
in
his
Beasts
to
use
my
common
by
my
commandement
,
this
is
a
sufficient
Seisin
for
me
to
have
an
Assise
,
45
Ed.
3.
fol.
25.22
Assise
84.
Reversion
is
granted
to
J.
S.
and
the
Tenant
for
life
attorne
and
dies
,
and
J.
S.
enter
by
the
Windowes
,
for
that
he
cannot
enter
by
the
doore
and
when
one
half
of
his
Body
was
in
,
he
was
pulled
out
,
and
yet
that
is
a
sufficient
Seisin
to
have
an
Assise
,
8
booke
of
Assises
fol.
25.
Seisin
of
Fealty
is
not
sufficient
Seisin
to
have
an
Assise
of
Rent
,
but
it
is
sufficient
Seisin
to
make
Avowrie
,
for
all
that
is
as
well
for
the
Rent
as
for
the
Fealty
,
44
Ed.
3.
fol.
11.
by
Thorpe
,
3.
Ed.
3.
Tit.
40
:
3.
Ed.
3.
Journey
to
Norfolk
,
20.
H.
3.
Tit.
433.
49.
Ed.
3.15
.
and
45.
Ed.
3
:
28.
A
Lease
is
made
for
life
reserving
foure
Markes
Rent
,
and
the
Lessor
is
seised
of
twenty
shillings
of
that
,
and
taketh
distresse
for
the
remainant
,
and
Rescous
is
made
,
and
though
but
twenty
shillings
be
received
,
yet
that
is
a
sufficient
Seisin
to
have
Assise
of
all
,
8
Ed.
3
fol.
12.
Tit.
141.8
.
Ass.
4.5
.
E.
4.2.12
.
E.
4.7
.
If
the
Lord
of
a
Rent
service
grant
the
service
to
another
,
and
the
Tenant
attorn
by
a
penny
,
and
after
the
grantee
distrains
,
and
the
Tenant
makes
Refocus
,
here
was
no
Seisin
to
have
Assise
of
Rent
,
but
if
the
gift
of
a
penny
had
been
in
name
of
Seisin
and
attornment
,
otherwise
it
is
,
5
Ed.
4.
fol.
2.
Littleton
fol.
127.
b.
Lord
and
Tenant
are
,
the
Lord
grants
the
Rent
of
his
Tenant
by
a
Deed
to
another
saving
to
him
the
services
,
and
the
Tenant
attorns
to
that
,
this
is
Rent
seck
,
and
if
the
Rent
be
denied
at
the
next
day
of
payment
he
hath
no
remedy
,
but
if
the
Tenant
when
he
attornes
or
after
will
give
a
penny
or
a
half
penny
in
name
of
Seisin
of
the
rent
,
then
if
after
the
next
day
of
payment
,
the
Rent
be
to
him
denyed
,
he
shall
have
an
Assise
and
that
is
a
sufficient
Seisin
to
have
an
Assise
for
all
the
Rent
,
Littleton
fol
:
42.
Seisin
of
parcell
of
Rent
is
sufficient
to
have
Assise
of
all
the
Rent
,
8
book
of
Assises
4.
Seisin
of
Fealty
is
not
sufficient
Seisin
to
have
an
Assise
of
Rent
but
Seisin
of
Escuage
is
Seisin
of
Homage
,
21
E.
3.
fol.
52.
Nat.
Brevium
fol.
109.5
.
Ed.
2
Avowrie
209.
Using
of
common
by
Tenants
at
will
,
is
sufficient
Seisin
for
him
in
Reversion
to
have
Assise
of
common
,
If
he
or
his
Tenant
at
will
be
disturbed
,
22
Assise
according
Fitzh
.
fol.
180.
By
Brudnell
,
of
a
thing
transitory
a
man
shall
be
in
possession
without
seisure
,
as
my
Tenant
dies
,
his
Heire
within
age
I
shall
have
a
Ravishment
of
ward
without
a
Seiser
,
but
I
shall
not
have
an
ejectment
of
ward
of
Land
which
is
locall
,
nor
Assise
of
Land
,
without
first
having
possession
indeed
,
14
H.
8.
fol.
27.
If
one
recover
and
be
put
in
by
a
Clod
in
the
half
by
the
Sheriff
,
and
he
against
whom
the
recovery
was
,
will
not
go
out
,
yet
that
is
a
sufficient
Seisin
to
have
an
Assise
2
Ed.
2.
Tit.
execution
119.
If
a
man
holds
of
the
King
in
cheife
,
and
holds
other
Land
of
another
Lord
and
dies
,
his
Heire
within
age
,
which
intrudes
at
his
full
age
,
and
paies
his
Rent
to
the
Lord
,
this
is
a
good
Seisin
to
have
an
Assise
,
notwithstanding
that
he
hath
not
sued
Livery
,
for
the
Signiory
was
not
suspended
by
the
possession
of
the
King
,
but
only
the
distresse
,
for
after
Livery
the
Lord
may
distraine
for
his
Arrerages
,
34
H.
8.
Tit.
48.47
.
Ed.
3.
fol.
12.
and
13.
H.
7.
fol.
15.
Pleas
of
Assise
by
Bailiff
.
Also
it
is
expedient
for
you
to
know
what
Pleas
the
Bailiff
in
Assise
shall
plead
,
and
what
the
Disseiser
,
and
what
the
Tenant
after
the
Bailiffe
hath
pleaded
.
BAiliff
may
plead
a
Plea
which
is
triable
by
Assise
,
and
none
other
,
6
H.
7.
fol.
15.
Pleas
of
a
Bailiff
ought
to
be
such
which
are
triable
by
the
Assise
,
and
for
that
he
cannot
pray
aid
of
the
King
,
8.
H.
7.
fol.
12.
and
1.
booke
of
Assises
1.
accordingly
.
The
Bailiff
shall
have
any
Challenge
to
an
array
and
to
the
heads
,
9
H.
7.
fol.
24.
and
Abridgment
book
of
Assises
,
fol.
48.
the
same
.
The
Bailiff
may
plead
non-tenure
or
mis-naming
of
the
Plaintiff
,
but
not
of
his
Master
and
conclude
,
if
,
&c.
22
H.
6.
f.
44.9
.
H.
7.
f.
24.26
As.
61
:
Bailiff
may
plead
,
that
the
Tenements
are
in
another
Town
,
for
that
is
an
abatement
,
9.
H.
7.
fol.
24
Abridgment
Assise
f.
47.
and
6
H.
7.
f.
15.
accordingly
;
but
22
H.
6.
fol.
50.
seems
contrary
,
but
a
Bailiff
cannot
disclaim
,
but
an
Atturney
may
,
13
Ed.
3.
Tit.
8.
Bailiff
pleads
out
of
his
Fee
,
Judgment
if
without
specialty
,
&c.
and
he
cannot
have
that
at
this
day
,
but
in
2
Ed.
3.
Tit.
10.
he
hath
this
Plea
,
for
the
Bailiff
cannot
have
any
Pleas
,
but
where
he
may
conclude
over
,
and
if
it
be
not
found
,
no
wrong
no
disseisin
,
&c.
see
the
Abridgment
book
of
Assises
fol.
47.
and
2.
Assise
4.
Bailiff
may
plead
ancient
Demesne
,
and
conclude
if
it
be
not
found
,
&c.
and
conclude
to
Assise
,
otherwise
Bailiff
cannot
plead
ancient
Demesne
,
for
that
,
that
it
is
triable
by
the
book
of
Doomes-day
,
and
for
that
he
cannot
conclude
Judgment
,
if
the
Court
will
acknowledge
,
Abridgment
booke
of
As
.
f.
48.
and
9.
book
As.
2
,
see
6
H.
7.
fol.
15.
Bailiffe
may
plead
that
the
Plaintiffe
is
seised
the
day
of
the
Writ
purchased
,
and
every
other
exception
tryable
,
by
Assise
,
9
As.
4.
Bailiffe
cannot
plead
that
the
Writ
is
purchased
hanging
another
Assise
,
nor
not
attached
by
fifteene
dayes
,
for
it
is
tryable
by
the
Record
,
Abridgment
of
Assise
,
fol.
48.
8
As.
2.
and
8
Ed.
3.
As.
40.
Bailiffe
may
plead
that
his
Master
is
Parson
of
D.
not
naming
Parson
,
and
if
it
be
not
found
,
no
wrong
,
&c.
12.
As.
4.
Bailiffe
may
plead
misnaming
and
joynt-tenancy
without
Deed
,
6
H.
4.
fol.
15.
and
8
H.
6.
fol.
56.
Bailiffe
cannot
plead
Excommunication
or
outlawry
,
in
the
Plaintiffe
,
for
he
cannot
plead
a
Dilatory
Plea
,
unlesse
it
be
tryable
by
the
Assise
,
and
that
he
may
conclude
,
and
if
it
be
not
found
,
no
wrong
,
no
disseisin
,
5
Ed.
4.
fol
113.
Bailiffe
may
plead
not
attached
,
by
fifteen
dayes
,
Abridgment
of
Assise
,
fol.
47.
Pleas
of
the
Disseisor
.
THe
Disseisor
may
plead
release
of
actions
personalls
in
barr
,
but
not
release
of
actions
realls
,
for
none
shall
plead
that
but
the
Tenant
,
Litt.
fol.
115.
The
Disseisor
may
plead
,
that
the
Demandant
hath
entred
,
hanging
the
Writ
,
notwithstanding
that
,
he
goes
to
the
Tenancy
;
and
the
reason
which
is
there
made
,
is
,
for
that
that
such
Plea
goes
to
excuse
him
of
damages
:
And
note
,
that
there
it
appeares
also
,
that
the
Disseisor
shall
plead
every
barr
,
unlesse
such
a
Barr
which
goes
to
the
Tenancy
,
or
to
extinguish
the
right
of
the
Plaintiffe
in
the
Land
,
as
if
he
pleads
release
of
all
actions
personals
,
or
that
the
Plaintiffe
hath
entred
,
hanging
the
Writt
,
that
he
may
plead
,
but
he
cannot
plead
release
of
right
made
to
the
Tenant
of
the
Land
,
nor
other
plea
which
goeth
to
the
Land
,
but
he
shall
plead
every
plea
to
the
Writ
which
doth
not
extend
to
the
tenancy
,
as
if
he
had
no
Tenant
named
in
the
Writ
,
or
no
such
in
Rerum
natura
,
and
misnaming
of
the
Plaintiffe
,
or
of
himselfe
,
35
H.
6.
fol.
13.
Contrary
,
37
H.
6.3
.
by
Choke
:
Therefore
inquire
.
The
Disseisor
shall
not
plead
any
plea
to
the
Tenancy
,
which
the
Tenant
by
his
admittance
hath
made
good
,
26
Book
of
Assises
,
49.
Disseisor
cannot
plead
in
abatement
,
that
the
Plaintiffe
hath
a
Writ
of
an
older
date
hanging
against
him
,
45
Ed.
3.
fol.
25.
and
23.
Ass.
14.
Disseisor
cannot
plead
ancient
Demesne
,
without
taking
the
tenancy
upon
him
,
21
Ass.
2.
Disseisor
cannot
plead
Record
or
Estoppell
,
for
by
the
sayling
of
the
Record
,
he
cannot
loose
the
Land
,
20
Ed.
3.
Brook
,
Assise
,
403.
Disseisor
shall
plead
misnaming
of
the
Plaintiffe
,
and
also
that
the
Plaintiffe
is
covert
of
Baron
,
and
if
he
alleadge
outlawry
in
the
Plaintiffe
,
he
ought
to
have
the
Record
in
hand
;
and
note
,
that
the
Disseisor
in
proper
person
,
or
by
Attourney
,
and
not
by
Bailiffe
,
pleads
that
the
Plaintiffe
hath
another
Assise
hanging
against
him
,
as
it
appeares
,
8
Ed.
3.
Ass.
140.
See
28
Ass.
38.24
Ass.
91.
and
this
seemes
by
the
Statute
of
Westm.
2.
chap.
15.19
Ass.
10.
and
20
Ed.
3.
Ass.
20.
Disseisor
may
plead
entry
of
the
Plaintiffe
after
the
last
continuance
and
joynt-tenancy
,
for
he
may
plead
all
Pleas
which
excuse
him
of
damages
,
or
which
are
in
barr
which
doe
not
extinct
the
right
of
the
Land
,
35
H.
6.
fol.
16.
Disseisor
may
plead
outlawry
in
the
Plaintiffe
,
that
is
,
where
the
Tenant
hath
not
pleaded
and
admitted
the
Writ
,
29
Ass.
61.
and
20
Ed.
3.
Ass.
20.
It
is
sayd
by
Babington
,
That
a
Disseisor
can
not
plead
any
plea
in
barr
,
but
no
wrong
,
or
that
it
ariseth
to
so
much
,
2
H.
6.
fol.
1.
Pleas
by
Tenant
.
Where
after
a
Bailiffe
hath
pleaded
,
or
the
Tenant
himselfe
,
and
the
Assise
upon
that
adjourned
,
or
award
,
or
hath
imparled
,
the
Tenant
cannot
plead
new
matter
,
unlesse
it
be
matter
of
a
later
time
,
or
a
matter
following
,
or
a
matter
upon
which
may
have
Certificate
,
or
the
generall
Issue
.
THe
Tenant
pleads
to
Assise
by
Bailiffe
,
and
the
Assise
awarded
,
the
Tenant
can
plead
no
plea
in
barr
afterwards
,
but
such
upon
which
he
may
have
Certificate
of
Assise
,
10
H.
7.
fol.
12.
8
Ass.
17.
The
Tenant
pleads
by
a
Bailiffe
,
and
the
Assise
remaines
for
default
of
Jurors
,
and
now
the
Tenant
comes
in
proper
person
,
and
saith
,
The
Plaintiffe
hath
received
the
Tenements
of
him
,
hanging
the
Writ
,
and
hath
let
to
him
for
yeares
,
and
hath
,
for
that
he
cometh
in
of
later
time
,
10
Ass.
24.18
Ed.
3.
fol.
33.
If
a
plea
be
pleaded
,
and
the
Justices
dye
,
all
shall
be
pleaded
anew
,
but
if
they
be
at
Issue
,
that
shall
stand
,
5
H.
7.
fol.
7.
b.
by
Hussey
.
After
adjournment
upon
the
Plea
of
the
Bailiffe
,
the
Tenant
may
plead
matter
which
comes
of
later
time
,
18
Ed:
3.
tit.
33.
The
Tenant
himselfe
after
the
Assise
awarded
,
may
leave
his
barr
,
and
plead
the
generall
Issue
,
but
he
cannot
plead
a
new
barr
after
Issue
,
34
H.
6.
fol.
10.
and
29.
40
Ed.
3.
fol.
48.
b.
The
Tenant
pleads
in
Barre
,
and
after
the
Jury
hath
the
view
,
and
he
leaves
his
Barr
,
and
pleads
to
the
Assise
,
34.
H.
6.
fol.
29.
&
abridg
.
Assis
.
fol.
138.
Where
they
are
adjourned
upon
a
point
certaine
,
he
cannot
plead
new
plea
afterwards
,
unlesse
pursuing
,
as
,
if
the
Tenant
himselfe
before
adjournment
,
had
pleaded
speciall
Bastardy
,
he
may
plead
afterwards
generall
Bastardy
,
42
Ed.
3.
fol.
12.
After
adjournment
upon
a
Plea
in
barr
certaine
,
he
cannot
plead
new
plea
in
barr
,
but
onely
the
generall
issue
,
8
As.
10.
and
10
Ed.
3.
tit.
157.
and
44
Book
of
Ass.
1.
Where
they
are
adjourned
upon
a
Plea
in
abatement
,
and
after
the
Writ
is
awarded
good
,
he
may
afterwards
plead
in
barr
,
6
Book
of
Ass.
1.
Infant
in
Assise
pleads
Ontlawry
of
Felony
in
Barr
,
and
at
another
day
was
suffered
to
plead
Release
of
the
Plaintiffe
in
Barr
,
14
Ass.
15.
Assise
,
the
Tenant
pleads
in
Barr
,
and
the
Plaintiffe
joynes
Issue
,
and
the
Court
doe
not
take
the
Assise
the
same
day
,
and
the
next
day
the
Tenant
cannot
change
his
Plea
,
11
H.
4.
fol.
2.
b.
Where
the
Tenant
pleads
to
the
Assise
by
a
Bailiffe
,
if
his
Master
have
a
Release
or
a
Writing
,
of
which
the
Jury
cannot
have
notice
,
then
if
the
Assise
passe
against
the
Bailiffe
,
yet
the
Master
shall
have
Certificate
upon
this
Writing
;
the
same
Law
is
,
if
the
Verdict
be
not
well
examined
by
the
Justices
,
and
see
more
there
,
Fitzherbart
,
fol.
181.
b.
The
Tenant
pleads
in
Barr
,
a
Deed
of
the
Ancester
of
the
Plaintiffe
with
warranty
,
and
the
Plaintiffe
makes
Title
,
and
afterwards
he
cannot
plead
in
abatement
,
that
the
Lands
were
in
another
Towne
,
for
that
,
that
the
Assise
was
awarded
,
10
Edw.
3.
tit.
157.
and
1
Ass.
17.
The
Tenant
pleads
in
Barr
,
and
the
next
day
pleads
by
a
Bailiff
to
the
Assise
,
and
may
,
for
that
the
Assise
was
not
awarded
,
Abridg.
As
.
f.
47.
Where
the
Assise
was
awarded
upon
the
Plea
of
the
Bailiff
,
at
another
day
after
,
the
Tenant
comes
and
pleads
Release
,
and
hath
it
,
for
that
he
may
have
Certificate
,
Abridgment
As
.
fol.
138.
The
Tenant
may
relinquish
his
Barr
,
and
plead
the
generall
Issue
,
otherwise
it
is
in
Cosenage
,
Grand-Father
and
great
Grand-Father
,
but
he
cannot
plead
a
new
Barr
,
40
Ed.
3.
fol.
49.
Ass.
Assise
,
the
Tenant
pleads
in
Barr
the
Deed
of
the
Ancester
of
the
Plaintiff
with
warranty
,
and
the
Plaintiff
makes
Title
,
and
after
the
Tenant
waives
the
Barr
,
and
pleads
in
abatement
,
that
the
Lands
are
in
another
Town
,
and
cannot
,
1
Book
of
Assises
17.
Assise
,
If
a
Plea
be
pleaded
,
and
the
Justices
dye
,
all
shall
be
pleaded
a
new
,
but
if
they
are
at
Issue
they
shall
stand
,
4
H.
7.
fol.
7.
Where
in
〈◊〉
Assise
a
man
shall
have
diverse
Pleas
to
the
writ
and
conclude
over
,
no
wrong
,
no
Disseisin
,
and
where
not
.
NOte
,
that
the
party
himself
or
his
Bailiff
may
have
diverse
Pleas
,
where
one
is
not
contrary
to
the
other
,
concluding
over
,
no
wrong
;
as
if
he
plead
mis-naming
of
the
Plaintiff
,
if
it
be
not
found
;
no
Tenant
of
the
Free-hold
named
in
the
Writ
,
and
if
it
be
found
,
no
such
Town
and
such
like
;
and
notwithstanding
,
and
if
it
be
not
found
,
no
wrong
,
for
one
is
not
contrary
to
the
other
,
but
if
he
will
say
,
that
the
Tenements
are
in
another
Town
,
and
if
it
be
not
found
no
Tenant
of
the
Free-hold
named
in
the
Writ
,
and
if
it
be
not
found
no
wrong
,
these
Pleas
he
shall
not
have
,
for
he
shall
not
plead
no
Tenant
of
the
Freehold
named
in
the
Writ
,
&c.
And
after
say
the
Tenements
are
in
another
Town
.
Note
,
though
the
book
at
large
be
,
if
it
be
found
leaving
out
this
word
,
(
Ne
)
yet
the
book
of
Entryes
is
,
(
if
it
be
not
found
)
and
so
it
seems
in
reason
that
it
shall
be
as
above
,
if
it
be
not
found
,
&c.
36
H.
6.
fol.
1.
Where
one
pleads
to
a
Writ
and
also
in
Barr
,
what
Barr
is
that
which
doth
not
go
to
the
point
of
Assise
?
scilicet
,
no
wrong
,
but
it
is
a
Barr
out
of
the
point
of
Assise
,
in
such
a
case
he
shall
not
have
both
the
Pleas
,
for
by
such
Barr
the
Plea
to
the
Writ
is
waived
,
as
in
an
Assise
of
Rent
,
the
Tenant
pleads
wrong
naming
of
himself
,
and
if
it
be
not
found
,
out
of
his
Foe
,
he
shall
not
have
these
two
Pleas
,
3
Ed.
3.15
.
Tit.
172.
Tit.
223.
It
seems
if
the
Tenant
plead
in
abatement
of
the
Writ
,
he
shall
not
plead
over
to
the
Assise
,
if
his
Plea
to
the
Writ
be
not
triable
by
the
Assise
,
22
Book
of
Assises
14.
In
an
Assise
of
Rent
,
the
Bailiff
pleads
mis-naming
of
the
Town
,
and
if
found
not
so
,
&c.
That
another
is
Tenant
of
the
Rent
not
named
,
for
this
is
not
contrary
,
and
it
seems
that
in
an
Assise
of
Rent
,
the
Tenant
of
the
Land
may
say
that
the
Land
whereout
,
&c.
is
in
another
Town
,
and
if
found
it
be
not
,
that
he
hath
a
taker
of
the
Rent
not
named
,
contrary
it
is
in
an
Assise
of
Land
,
15
Ed.
3.
Tit.
55.
In
Assise
by
a
Master
and
his
Brethren
of
the
fraternity
of
nine
orders
,
of
Angells
in
he
County
Middlesex
,
Defendant
plead
no
such
corporation
by
this
name
in
this
County
,
and
if
it
be
not
found
,
not
wrong
,
he
shall
not
have
them
both
,
for
the
first
Plea
is
in
Barr
,
and
shall
not
have
Barr
and
generall
Issue
,
22
Ed.
4
fol.
34.
Assise
of
Lands
in
Woxbridge
,
the
Tenant
pleads
that
they
are
in
Collam
and
not
in
Woxbridge
,
and
if
it
be
not
found
,
no
wrong
,
and
he
hath
,
11
H.
4.
fol.
2.
b.
It
is
said
that
in
an
Assise
the
Tenant
or
his
Bailiff
may
plead
tewnty
severall
matters
in
abatement
or
to
an
Assise
,
and
conclude
if
it
be
not
found
,
&c.
and
is
good
,
1
Ed.
4.
fol.
4.
and
8
H.
6.
fol.
9.
Where
the
Assise
shall
be
awarded
at
large
,
that
is
to
say
,
in
point
of
Assise
,
that
is
to
say
,
to
inquire
of
Seisin
and
Disseisin
,
and
where
in
Right
of
Dammages
,
and
where
not
.
ASsise
,
the
Tenant
pleads
in
abatement
,
that
the
Plaintiff
hath
received
the
Land
of
him
hanging
the
Assise
,
and
that
he
hath
let
to
him
for
yeares
again
,
and
the
Plaintiff
saith
that
he
hath
continued
his
Estate
which
he
had
by
Disseisin
,
without
that
,
that
any
Estate
,
present
of
him
he
take
,
and
the
Assise
was
charged
upon
the
point
,
and
over
upon
the
Seisin
and
Disseisin
,
10
book
of
Assises
24.
If
the
Tenant
plead
in
Barr
and
the
Plaintiff
makes
title
,
and
the
Tenant
doth
not
traverse
that
,
the
Assise
shall
be
awarded
at
large
,
45
Ed.
3.
fol.
24.
Where
there
is
a
good
Barr
pleaded
,
and
an
outing
is
confessed
and
the
Barr
is
traversed
,
or
if
the
Plaintiff
make
Title
,
and
that
is
found
for
the
Plaintiff
,
or
if
there
be
an
ill
Barr
pleaded
,
that
the
Plaintiff
need
not
answer
,
but
say
come
the
Assise
upon
the
Title
,
and
it
is
found
for
the
Plaintif
,
in
all
these
cases
the
Plaintif
shall
have
judgment
without
inquiring
of
Seisin
and
Disseisin
,
6
H.
7.
fol.
2.
Where
the
Plaintiff
makes
Title
at
large
without
answering
to
the
Barr
,
and
the
Tenant
do
not
traverse
this
Title
,
he
shall
not
answer
to
that
,
as
that
confessed
and
avoided
,
or
without
saying
,
let
the
Assise
come
upon
the
Title
,
but
let
the
Assise
run
without
any
thing
saying
to
the
Title
,
there
the
Assise
shall
be
taken
at
large
and
not
upon
the
Title
,
as
in
the
Assise
the
Plaintif
makes
Title
at
large
,
and
in
the
end
saith
(
and
this
he
is
ready
to
aver
by
Assise
,
and
the
foresaid
tenant
likewise
)
the
Assise
shall
be
taken
at
large
,
the
reason
as
above
,
so
it
shall
be
done
as
it
seems
,
where
the
Title
is
no
Title
at
large
,
but
such
which
confesseth
the
Barr
and
avoides
it
,
and
so
it
is
held
by
Sharde
,
28
Assise
24.
Contrary
Law
is
,
if
the
Plaintif
in
his
Title
traverse
the
Barr
,
and
the
Tenant
let●
the
Assise
●un
,
there
the
Assise
shall
be
taken
to
inquire
of
the
thing
traversed
,
and
also
his
Title
,
as
it
appeareth
,
26
Ed.
3.
fol.
61.
And
the
reason
of
this
seems
to
be
,
for
that
,
that
in
Assise
the
Plaintif
shall
not
be
received
to
traverse
the
Barr
without
making
Title
,
and
so
the
Title
there
materiall
,
and
so
note
that
the
Assise
shall
not
be
awarded
at
large
,
but
in
such
a
case
where
the
Title
is
not
materiall
,
45
Ed.
3.
fol.
24.
When
the
Assise
is
taken
at
large
,
if
they
finde
another
Title
,
the
Plaintif
shall
recover
,
and
the
Assise
if
they
will
may
inquire
only
of
Seisin
and
Disseisin
,
without
being
charged
or
compelled
to
finde
any
Title
,
as
in
Assise
nothing
is
pleaded
but
no
wrong
,
here
the
Assise
may
finde
Title
if
they
will
,
or
otherwise
say
nothing
but
of
Seisin
and
Disseisin
,
and
also
note
that
in
these
cases
before
;
the
Assise
is
awarded
at
large
,
without
inquiring
of
the
Barr.
And
the
reason
is
that
that
which
is
the
Barr
is
waived
;
the
same
Law
is
where
the
Barr
is
not
good
,
and
the
Plaintif
makes
Title
,
accepting
the
Barr
,
28.
Assise
17.
If
the
Barr
be
ill
pleaded
,
and
the
Title
good
,
the
Assise
shall
be
awarded
in
point
of
Assise
,
and
not
upon
the
Title
,
for
if
it
be
pleaded
ill
on
the
part
of
the
Defendant
,
the
Assise
shall
be
awarded
in
point
of
Assise
,
that
is
to
say
,
of
Seisin
and
Diffeisin
,
35
H.
6.
fol.
54.
By
Fortescue
,
and
33
H.
6.
fol.
40.
by
Littleton
.
The
tenant
pleads
for
rain
Release
,
and
it
is
found
against
him
,
notwithstanding
the
Deed
of
the
Plaintif
,
now
the
Assise
shall
be
awarded
in
right
of
the
Dammages
,
for
an
outing
is
confessed
implicatively
,
by
pleading
a
Release
,
23
Ass.
11.8
.
Ass.
15.
but
30.
Ed.
3.
Fitzh
.
Ass.
100.
The
Assise
shall
be
taken
at
large
.
The
Tenant
pleads
Deed
of
the
Ancestor
of
the
Plaintif
in
Barr
,
and
found
false
,
by
which
it
was
inquired
only
of
Dammages
,
17
book
of
Assises
13.
The
Tenant
pleads
forrain
Release
in
Barr
,
upon
which
they
were
adjourned
,
and
the
Defendant
makes
default
,
by
which
the
Assise
was
awarded
at
large
,
see
26
book
of
Assises
30.
30
Ed.
3.
Tit.
100.
and
17
book
of
Assises
31.
Notwithstanding
it
seemeth
where
an
outing
is
confessed
,
directly
or
impliedly
;
and
found
for
the
Plaintif
,
the
Assise
shall
be
awarded
to
inquire
of
Dammages
,
and
not
upon
the
Seisin
or
Disseisin
only
.
If
the
Tenant
plead
a
dying
seised
,
and
doth
not
acknowledg
an
outing
Seisin
and
Disseisin
,
shall
be
inquired
,
8
H.
4.51
.
When
an
Infant
brings
an
Assise
and
the
Tenant
pleads
a
Deed
of
his
Ancestor
,
then
the
Assise
shall
be
awarded
to
inquire
at
large
,
Natura
brevium
,
fol.
169.
In
point
of
Assise
it
is
,
when
the
Tenant
pleads
no
wrong
no
Disieisin
,
and
out
of
the
point
,
is
properly
when
the
Tenant
pleads
forrain
Release
,
or
for
rain
matter
triable
in
another
County
,
and
in
right
of
Dammages
is
when
the
Tenant
acknowledgeth
over
,
and
pleads
matter
which
is
found
against
him
,
or
acknowledgeth
over
,
or
demurrs
in
Law
and
that
is
adjudged
against
him
,
now
the
Assise
shall
be
taken
in
right
of
Dammages
,
15
Ass.
3.18
.
Ass.
8.23
.
Ass
36.26
.
Ass.
41.28
.
Ass.
15.28
Ass.
14.17
.
b.
If
the
Tenant
plead
Release
,
and
the
Assise
found
for
the
Plaintif
,
the
Assise
shall
be
awarded
in
right
of
Dammages
;
the
same
Law
is
,
if
the
Tenant
plead
Record
and
faile
of
that
,
the
Assise
shall
be
awarded
in
right
of
Dammages
,
8.
Book
of
Assises
10.
The
Tenant
pleads
forrain
Release
,
by
which
they
were
adjourned
in
Bench
,
and
found
not
his
Deed
,
and
the
Plaintif
release
his
Dammages
,
and
hath
Judgment
forthwith
,
6.
book
of
Assises
4.
The
Tenant
pleads
forrain
Release
in
which
are
witnesses
,
and
Processe
was
awarded
against
the
witnesses
which
make
default
,
and
the
Assise
was
awarded
in
point
of
Assise
,
18
book
of
Assises
8.
Where
the
Tenant
pleads
a
Record
,
and
failes
of
that
by
the
Statute
of
Assise
shall
be
awarded
in
right
of
dammages
,
27.
Ass.
1.17
Ass.
2.13
.
Ass.
15.
and
16.
and
23.
Ass.
3.
Note
,
that
in
Assise
,
where
the
Plaintiff
makes
Title
at
large
without
answering
to
the
Barr
,
and
the
Tenant
do
not
traverse
the
Title
,
nor
answer
to
it
as
to
confess
and
avoid
,
in
saying
comes
the
Assise
upon
the
Title
,
and
lets
the
Assise
run
without
saying
any
thing
to
the
Title
,
there
the
Assise
is
taken
at
large
,
and
not
upon
the
Title
,
as
in
Assise
the
Plaintif
makes
Title
at
large
,
and
in
the
end
saith
,
he
is
ready
to
affirm
this
by
Assise
,
and
the
aforesaid
Tenant
likewise
,
28
Ass.
24.
If
the
Tenant
acknow
ledge
an
outing
in
his
Plea
,
the
Assise
shall
be
awarded
in
right
of
dammages
,
1
H.
6.
fol.
5.
6
E.
6.
fol.
418.
Assise
against
two
,
if
one
take
the
Entire
tenancy
,
and
plead
in
Barr
,
and
the
other
make
also
Plaintif
choose
his
Tenant
,
the
same
Law
,
if
one
plead
no
wrong
and
the
other
plead
a
Barr
,
without
that
,
that
the
other
hath
nothing
,
and
every
one
take
the
Entire
Tenancy
.
In
Assise
against
many
,
where
the
Plaintiff
ought
to
choose
his
Tenant
at
his
perill
,
and
where
not
.
ASSise
against
two
,
if
every
one
of
these
take
the
whole
Tenancy
and
severally
plead
in
Barr
to
the
whole
Tenancy
,
the
Plaintif
ought
to
choose
his
Tenant
at
his
perill
,
but
if
one
plead
in
Barr
;
and
the
other
knowledgeth
the
action
,
or
saith
nothing
,
it
is
otherwise
,
33
H.
6.
f.
36.
and
37.
Assise
against
two
,
it
seems
if
one
plead
in
abatement
and
the
other
in
Barr
,
if
the
Plaintif
mischoose
his
Tenant
,
it
is
not
materiall
,
but
he
shall
answer
to
the
Plea
in
abatement
,
but
diverse
seem
the
contrary
,
and
it
seems
if
both
plead
in
abatement
,
he
ought
to
choose
his
Tenant
at
his
perill
,
see
8.
book
of
Assises
1.
and
44
Ed.
3.
fol.
23.
Assise
against
two
,
each
takes
upon
him
the
whole
tenancy
,
and
pleads
in
Barr
,
the
Plaintif
mischoose
his
tenant
and
was
barred
by
opinion
,
20
booke
of
Assises
4.
Assise
against
two
,
one
takes
the
tenancy
and
pleads
no
wrong
,
and
the
other
takes
the
tenancy
,
without
that
,
that
the
other
hath
any
thing
and
pleads
in
Barr
,
there
the
Plaintif
shall
be
constrained
to
choose
his
tenant
at
his
perill
,
as
well
as
if
both
had
pleaded
in
Barr
,
and
had
accepted
the
tenancy
severally
,
and
if
it
be
found
that
he
mischoose
his
Tenant
,
the
Writ
shall
abate
,
but
he
shall
not
be
barred
,
9
Ed.
3.
Tit.
384.
The
Plaintiff
was
admitted
to
choose
his
Tenant
after
adjournment
,
23
Ass.
16.
Assise
against
two
,
each
takes
his
tenancy
and
pleads
,
it
seems
here
,
that
the
Plaintiff
at
his
own
perill
shall
choose
his
tenant
,
and
that
shall
be
first
inquired
,
and
by
some
,
if
he
mischoose
his
Tenant
the
Writ
shall
abate
,
8
Ass.
1.
Assise
against
two
,
one
pleads
that
he
is
a
Villaine
of
J.
S.
and
the
other
by
Bailiff
plead
to
the
Assise
,
and
the
Plaintif
chose
him
which
pleads
by
Bailif
to
the
Assise
for
his
Tenant
,
and
pray
the
Assise
,
and
he
comes
and
pleads
in
Barr
and
was
suffered
the
same
day
,
22
book
Assises
7.
Assise
against
an
Infant
and
two
others
;
where
each
one
severally
takes
the
whole
tenancy
upon
him
,
and
pleads
in
Barr
,
the
Plaintif
shall
choose
his
Tenant
at
his
perill
,
and
he
chooseth
the
Infant
for
the
Tenant
,
and
the
Tenant
,
and
they
found
the
Infant
Tenant
,
and
the
two
others
Disseisors
also
,
and
the
Plaintif
recovers
,
but
it
seems
there
if
he
mischoose
his
Tenant
,
the
Writ
shall
abate
,
and
for
that
,
that
the
Diffeisin
was
made
to
the
use
of
the
Infant
,
which
did
not
enter
and
is
Tenant
only
by
agreement
,
for
that
it
seems
it
is
here
an
Errour
to
adjudge
the
Infant
Tenant
which
had
nothing
but
by
agreement
to
the
Disseisin
,
3
H.
4.
fol.
16.
If
the
Plaintif
choose
one
to
be
his
Tenant
of
all
,
which
is
not
tenant
,
the
Writ
shall
abate
,
Abridgment
of
the
Assises
,
fol.
41.
B.
By
Fortescue
in
Assise
against
two
,
one
takes
the
tenancy
severally
and
pleads
in
Barr
,
the
Plaintif
shall
not
answer
to
their
Pleas
in
Barr
,
nor
to
none
of
them
,
but
first
shall
choose
his
Tenant
,
then
after
may
the
Plaintif
answer
to
his
Barr
sufficiently
in
time
,
and
if
he
ill
choose
his
Tenant
,
the
Writ
shall
abate
,
Abridgment
of
the
book
of
Assises
fol.
116.
a.
Returne
of
Assise
against
J.
S.
Pledges
to
prosecute
-
Adam
Clarke
.
-
David
Parke
.
THe
within
named
J.
S.
is
attached
by
one
Oxe
,
of
price
twenty
shillings
.
The
Rest
of
the
execution
of
this
complaint
(
and
before
the
Justices
of
Assise
)
and
of
this
Writ
,
doth
appear
in
●●●ertaine
Scedule
annexed
to
this
Writ
.
J.
D.
Esquire
,
Sheriffe
.
The
Pannell
.
THe
recognition
of
an
Assise
of
novell
Disseisin
,
betwixt
J.
D.
Plaintiffe
,
and
J.
S.
Deforceant
,
of
a
Freehold
in
D.
and
then
the
names
of
the
Recognitors
follow
;
and
afterward
,
The
sum
of
the
Jurors
aforesaid
,
and
every
of
them
,
-
John
Hart.
-
Richard
Smart
.
Manucaptors
,
summoners
of
the
aforesaid
Jurors
,
and
every
of
them
,
-
John
Doo
.
-
Christopher
Croo.
-
John
Den.
-
Richard
Fen.
This
by
Plowden
,
Com.
fol.
37.
Ass.
12.
What
is
a
good
Title
in
Assise
for
the
Plaintiffe
,
and
what
not
.
TEnant
plead
in
Barr
,
it
is
no
title
for
the
Plaintif
to
say
,
that
he
was
seised
tell
by
the
Tenant
disseised
and
traverse
the
Barr
,
without
conveying
unto
him
possesion
by
title
before
his
possesion
as
by
feoffment
or
otherwise
,
27
H.
6.
fol.
2.
Tenant
pleads
a
feoffment
made
by
J.
S.
to
him
and
gives
colour
,
Plaintif
saith
,
that
J.
D.
levied
a
fine
upon
release
to
him
,
and
it
is
not
good
,
but
to
say
that
he
was
seised
,
and
levied
a
fine
,
otherwise
the
title
is
good
,
so
if
he
be
intitled
by
feoffment
,
or
recover
of
a
stranger
,
he
shall
say
for
title
that
the
stranger
was
seised
,
and
infeoffed
him
,
10
H.
6.
fol.
22.
Where
the
Barr
is
materiall
,
as
diffent
,
feoffment
of
Ancestor
the
Plaintif
with
Warranty
,
Recovery
,
Fine
,
&c.
Plaintif
shall
not
make
title
at
large
,
but
ought
in
his
title
answer
the
Barr
,
as
confesse
and
avoid
or
traverse
it
,
but
where
it
is
a
Barr
at
large
,
he
may
make
title
at
large
,
without
answering
the
Barr
,
34
H.
6.
fol.
46.
35
H.
6.67
.
and
the
book
of
Entries
120.
5
H.
7.
fol.
29.
Where
the
Barr
is
not
sufficient
,
the
Plaintif
may
demur
and
need
not
to
make
title
,
and
where
the
tenant
in
his
Barr
gives
sufficient
title
to
the
Plaintif
,
Plaintif
need
not
make
title
,
as
if
the
tenant
saith
that
his
Father
had
him
eldest
and
the
Plaintif
youngest
,
Plaintif
may
say
that
the
tenant
is
a
Bastard
without
making
title
,
and
is
good
,
20
H.
6.
f.
38.
and
39.
Where
the
Plaintif
makes
title
at
large
,
the
tenant
may
say
,
come
the
Assise
upon
the
title
,
and
is
good
,
15
H.
7.
f.
13.
The
tenant
pleads
that
he
recovered
against
J.
S.
and
the
Estate
of
the
Plaintif
mean
by
abatement
upon
J.
S.
hanging
the
Writ
,
Plaintif
saith
,
that
long
time
before
the
Writ
that
he
himself
was
seised
,
and
good
,
without
shewing
how
he
came
to
it
,
for
the
Defendant
hath
given
to
him
possession
,
seek
9
book
of
Ass.
10.
The
tenant
pleads
feoffment
of
the
Grand-Father
of
the
Plaintif
with
Warranty
,
Plaintif
saith
that
his
Grand-Father
was
seised
,
and
he
as
Cosen
and
Heire
to
him
entered
,
and
is
good
without
shewing
how
his
Grand-Father
came
to
it
,
see
,
10
Ass.
23.
9
Ass.
11.
The
tenant
pleads
one
Barr
,
the
Plaintif
intitles
himself
by
release
with
collaterall
Warranty
,
and
it
is
good
,
17
Assise
18.
38
H.
8.
Tit.
3.26
.
Br.
Tit.
Traverse
,
P.
26.
if
the
tenant
plead
that
his
Father
was
seised
in
Fee
,
and
by
protestation
died
seised
,
it
is
said
that
the
Plaintif
may
make
title
by
a
Stranger
,
without
that
,
that
the
Father
of
the
tenant
was
seised
in
Fee
.
5
H.
7.
fol.
29.
Where
the
Barr
is
materiall
,
the
Plaintif
shall
not
make
his
title
at
large
without
answering
to
the
Barr
,
but
in
Assise
,
34.
H.
6.
fol.
24.
11
H.
7.
fo.
28.
If
the
Barr
be
ill
,
the
Plaintif
may
pray
the
Assise
without
title
.
6
Ass.
Tenant
pleads
Fine
of
an
Ancestor
of
the
Plaintif
,
to
which
the
Plaintif
saith
,
the
same
Ancestor
had
but
for
life
,
the
reversion
in
him
,
and
that
he
entred
by
forfeiture
,
and
good
,
without
shewing
how
he
hath
the
reversion
.
Nat.
Bre.
109.
If
the
tenant
pleads
Plea
in
Barr
,
and
the
Plaintif
makes
him
title
and
traverseth
the
Barr
,
although
the
title
of
the
Plaintif
be
false
yet
the
tenant
shall
not
have
advantage
,
to
take
the
Assise
upon
the
title
,
but
he
shall
be
driven
to
maintain
his
Barr
,
otherwise
it
is
where
the
Plaintif
makes
him
title
and
doth
not
answer
the
Barr.
Abridgment
of
book
of
Ass.
fol.
81.
Where
the
title
is
found
for
the
Plaintiffe
,
and
there
is
no
Disseissor
,
the
Writ
shall
abate
.
The
tenant
saith
that
J.
S.
held
the
Land
of
him
and
died
without
Heire
,
by
which
he
entred
,
as
in
his
Escheate
and
gives
colour
,
&c.
the
Plaintif
faith
,
one
H.
enfeoffed
him
,
and
it
is
no
title
,
for
he
ought
to
answer
to
the
Barr
as
well
as
where
the
tenant
makes
title
by
discent
,
27
Assise
71.
Assise
of
Rent
,
it
is
no
title
to
shew
that
J.
S.
granted
to
him
the
Rent
by
Deed
or
by
Fine
,
but
he
ought
to
shew
how
the
Rent
began
,
that
is
to
say
,
If
it
be
a
Rent
charge
,
or
a
Rent
service
,
or
a
Rent
Seck
,
31
Ass.
16.
Assise
,
the
tenant
pleads
in
Barr
feoffment
of
the
Father
of
the
Plaintif
with
warranty
,
and
the
Plaintif
saith
,
that
his
Ancestor
died
seifed
,
and
this
discended
to
him
,
and
allowed
by
Scroope
without
shewing
how
he
came
to
that
afterwards
,
10
book
Ass.
23.
Where
the
tenant
praies
the
Assise
upon
the
title
,
and
upon
that
the
Assise
is
awarded
,
the
Assise
cannot
finde
other
title
for
the
Plaintiff
,
but
he
may
finde
matter
,
which
may
stand
with
the
same
title
to
inforce
it
,
but
if
the
title
be
traversed
,
he
cannot
finde
another
title
,
but
only
the
point
put
in
the
Assise
,
28
book
of
Assises
17.
An
Act
of
Parliament
,
Fine
or
Recovery
are
of
such
a
force
,
that
if
one
be
bound
by
them
,
the
Plaintif
cannot
make
title
to
this
Land
,
unlesse
by
reason
of
a
title
to
him
grown
of
later
times
.
As
if
one
recovers
against
me
or
my
Ancestor
,
and
hath
execution
,
and
after
Lenten
,
and
dye
seised
,
my
Heire
shall
not
make
him
title
by
his
discent
,
against
the
Recovery
,
without
shewing
he
hath
title
after
the
recovery
,
the
same
Law
of
a
Fine
,
see
10
H.
7.
fol.
5.32
.
H.
6.5
.
and
33
book
of
Assises
fol.
19.
Pleas
in
Barr
and
in
Abatement
.
IT
seems
a
feoffment
of
the
Plaintif
is
no
Plea
in
Barr
,
for
that
amounts
to
no
wrong
,
nor
Desseisin
2
H.
4.
fol.
20.
the
same
15
Ed.
4.
fol.
11.
18
Ed.
4.
fol.
11.
A
Lease
for
yeares
or
for
life
,
the
reversion
to
the
Plaintif
or
a
feoffment
of
the
Plaintif
with
warranty
,
and
rely
upon
the
warranty
,
is
a
good
Bar●
.
Abridgment
of
Ass.
fol.
31.
The
tenant
may
plead
,
that
partition
was
made
between
the
Plaintif
and
J.
S.
whose
Estate
he
hath
,
and
it
is
a
good
Barr.
30
H.
6.
fol.
1.
Assise
,
the
tenant
saith
that
the
Lands
put
in
view
,
and
in
plaint
are
in
another
Town
,
and
if
it
be
found
,
no
tenant
of
the
Free-hold
named
in
the
Writ
,
&c.
By
the
Court
he
shall
not
have
the
second
Plea
,
for
none
may
say
that
the
Land
is
in
another
town
but
the
tenant
,
and
so
hath
accepted
the
tenancy
by
his
Plea
.
30
H.
6.
fol.
7.
Assise
,
the
tenant
saith
that
T.
B.
was
seised
and
disseised
by
W.
W.
to
whom
T.
B.
made
release
,
and
against
his
own
Deed
disseised
W.W.
and
infeoffed
five
persons
,
which
infeoffed
the
Plaintif
,
upon
which
W.
W.
re-entred
,
whose
Estate
the
tenant
seised
hath
,
it
is
good
,
see
Pleas
in
Barr
Tit.
Abridg.
Ass.
fol.
30.
Abridgement
Assise
,
fol.
41.
If
the
Plaintiffe
choose
one
to
be
his
tenant
of
all
,
where
he
is
not
,
the
Writ
shall
abate
.
Abridgement
of
Assise
,
fol.
42.
A
man
cannot
plead
in
Assise
that
there
is
another
hanging
,
to
which
he
hath
appeared
,
unless
that
he
take
the
tenancy
upon
him
,
and
for
that
it
is
no
Plea
for
the
Disseisor
.
Bridgement
Ass.
44.
Death
of
one
of
the
tenants
shall
not
abate
the
Assise
,
but
for
the
portion
,
if
he
be
a
Disse●sor
,
and
tenant
of
another
parcell
,
27
Ass.
45.40
Ass.
15.
Abridgement
Ass.
fol.
43.
Assise
of
tenements
in
D.
and
S.
the
tenant
sayes
that
all
is
in
S.
if
that
be
so
,
the
Writ
shall
abate
,
for
he
cannot
abridge
a
whole
Towne
,
but
see
now
by
the
Statute
of
21
H.
8.
chap.
3.
where
he
may
abridge
.
Abridgement
of
Ass.
fol.
45.
Assise
of
Lands
in
D.
is
no
Plea
if
there
be
two
Dales
,
for
that
the
Plaintiff
shall
recover
,
by
the
view
of
the
Jury
,
29
Ass.
59.
Abridgement
of
Ass.
106.
Assise
,
tenant
pleads
in
Barr
,
and
after
the
Jury
hath
the
view
,
he
leaves
his
Barr
,
and
pleads
to
the
Assise
.
Plaint
in
Assise
.
PLaint
of
profits
of
an
Office
,
though
it
hath
no
form
it
shall
not
abate
,
as
first
it
ought
to
suppose
disseisin
,
and
after
shall
make
title
,
and
though
it
were
not
so
,
it
shall
not
abate
,
12
H.
6.
fol.
22.
Plaint
of
a
Croft
is
good
,
but
Precipe
of
a
Croft
is
not
good
,
Abridgment
of
Assise
,
fol
130.
b.
and
8
Hen.
6.
fol.
3.
Time
of
Ed.
6.
Brook
,
tit
.
False
Latine
and
forme
,
66.
Wood
was
put
before
Pasture
in
a
Plaint
of
Assise
,
and
exception
thereof
taken
,
yet
good
,
though
it
were
contrary
to
the
Register
,
by
the
Commentaries
,
fol.
169.
Plaint
of
a
Croft
,
and
was
amended
,
14
Ass.
13.
and
25
Ed.
3.
tit.
25.
the
same
,
Brook
,
demand
.
17.34
.
Plaint
of
a
peice
of
Land
,
containing
in
length
twenty
feet
,
and
in
breadth
ten
,
and
is
good
,
14
Ass.
13.
and
9
H.
4.
fol.
3.
the
same
.
Plaint
by
the
Governour
of
an
Hospitall
;
it
shall
be
of
a
House
and
not
of
an
Hospitall
,
8
Ass.
29
and
Assise
137.
Plaint
of
two
parts
of
Salt
Coot
,
is
good
,
ninth
Book
Ass.
12.
Plaint
of
a
Garment
,
or
thirty
shillings
,
though
it
be
uncertaine
,
for
that
it
is
according
to
the
Deed
,
it
is
good
,
11
Book
of
Ass.
8.
Plaint
in
Assise
of
a
Garden
lyeth
,
but
not
a
Precipe
,
22
Ed.
3.
tit.
22.
5
Ed.
2.
Brook
demand
.
39.
and
Fitzh
.
breife
797.
Plaint
was
of
a
Mill
and
doth
not
say
a
water-Mill
,
nor
Winde-Mill
,
yet
good
,
21
Assise
23.
Plaint
of
a
Garment
and
the
specialty
is
of
a
Garment
with
furr
,
and
the
plaint
good
,
for
the
Garment
conteines
all
,
22
Ass.
10.
Where
the
Plaintiff
may
abridge
in
Assise
,
and
in
what
other
Actions
he
may
abridge
,
and
how
.
IN
a
Writ
of
ward
,
the
Writ
is
(
of
the
custody
of
the
Land
and
Heire
)
and
is
not
certain
,
and
for
that
he
may
abridge
as
he
may
in
assise
and
Writ
of
Dower
,
39
Ed.
3.
Tit.
Breif
10.
and
32.
In
trespasse
,
the
Writ
is
(
of
Goods
and
Chattells
)
and
hee
counts
of
Corne
,
and
ten
pounds
,
and
for
that
,
that
Money
is
not
(
Goods
and
Chattells
)
he
abridged
it
,
see
,
8.
Tit.
abridgment
11.
which
saith
,
that
he
ought
to
expresse
the
Money
in
the
Writ
,
and
for
that
he
did
not
,
he
abridged
,
39
Ed.
3.
Tit.
Breife
11.
In
all
cases
where
the
Writ
is
(
of
a
Free-hold
)
and
uncertain
he
may
abridge
by
June
,
as
in
assise
of
Dower
,
and
a
Writ
of
ward
,
14
H.
6.
fol.
4.
In
ward
for
that
the
Demand
is
not
certain
,
but
of
the
(
custody
of
the
Land
and
Heire
)
therefore
the
Plaintif
counts
of
the
Mannour
of
D.
and
twenty
acres
,
and
the
Defendant
saith
that
the
twenty
acres
are
parcell
of
the
Mannor
,
the
Plaintif
may
abridge
the
twenty
acres
,
39
E.
3
:
f.
10.
Brooks
abridgment
10.
Assise
of
Land
in
great
Dunmowe
and
little
D.
you
cannot
abridge
all
in
one
Town
,
8.
H.
6.
fol.
56.
Assise
,
and
in
Dower
he
may
abridge
,
but
he
cannot
abridge
a
whole
Town
,
14
H.
6.
fol.
4.
Assise
where
a
plaint
is
of
a
Mannor
,
he
cannot
abridge
,
for
that
it
is
entire
,
19
H.
6.
fol.
13.33
H.
6.
Tit.
abridgment
2.
Assise
,
plaint
of
Rent
and
Land
,
after
that
the
Tenant
hath
pleaded
in
Barr
,
the
Plaintif
shall
abridge
in
right
of
the
Land
,
14
Ass.
9.
Plaint
abridge
in
attaint
,
Rast.
Assi
.
17.
35
H.
6.
fol.
13.
Assise
of
Common
in
forty
acres
,
the
Plaintif
cannot
abridge
,
for
that
that
the
Common
is
Intire
,
but
at
this
day
it
is
contrary
by
the
Statute
of
,
31
H.
8.
chap.
3.29
.
Ass.
10.
Plaintiff
in
every
Assise
at
his
pleasure
may
abridge
,
and
for
that
also
by
the
Statute
may
abridge
where
the
plaint
is
of
a
Mannor
,
21
H.
8.
chap.
3.
After
Verdict
he
cannot
abridge
.
IT
is
said
,
that
after
Verdict
,
the
Plaintiff
cannot
abridge
his
Plaint
,
28
As.
38.
Dower
demanded
may
abridge
after
view
,
Edw.
3.
fol.
3.
Assise
,
they
were
adjourned
upon
Title
.
ASsise
,
they
were
adjourned
upon
Title
,
and
for
that
,
that
they
cannot
agree
at
the
day
of
the
Adjournment
,
after
the
argument
,
Plaintiff
abridge
and
might
,
10
H.
6.
fol.
22.
After
the
Jury
in
Assise
were
together
in
the
house
before
their
Verdict
came
,
the
Plaintiff
,
and
abridged
,
and
was
suffered
,
33
H.
7.
Tit.
6.
B.
Attornement
.
WHen
any
Mannour
descends
to
the
Lord
,
upon
every
descent
to
the
Lord
,
it
belongeth
to
the
Steward
at
the
first
Court
to
make
all
the
Tenants
to
make
Fealty
;
and
also
upon
every
purchase
of
Mannour
to
enter
the
Fealty
of
every
Tenant
which
holds
of
that
,
and
also
to
enter
their
Attornement
and
Seisin
of
Services
,
to
the
end
that
the
Lord
may
by
this
means
distrain
for
his
Services
,
and
the
Tenants
may
hereafter
be
better
known
to
him
,
and
by
28
H.
8.
Tit.
40.
Attornement
may
be
made
by
Tenants
to
the
Lord
in
his
Court
,
to
the
Steward
or
Purchasor
,
and
not
to
his
Servant
in
absence
of
the
Lord
.
For
that
something
shall
be
said
of
Fealty
,
and
where
there
ought
to
be
Attornement
,
and
where
not
.
IT
is
said
,
that
the
Tenant
that
hath
made
Homage
to
the
Father
,
shall
not
make
Homage
to
the
Son
,
for
that
he
hath
once
made
Homage
to
his
Lord
,
but
yet
he
shall
make
Fealty
to
the
Son
,
though
he
have
made
it
to
the
Father
▪
but
if
the
Mannour
be
recovered
against
the
Father
which
hath
taken
Homage
,
now
he
shall
make
Homage
again
,
Littleton
fol.
29.
If
a
Mannour
be
exchanged
,
yet
there
ought
to
be
Attornement
,
otherwise
the
Lord
cannot
distrain
for
the
Arrearages
,
Perkins
fol.
47
,
56
,
58.
If
one
alien
his
Mannour
by
Deed
indented
of
Bargain
and
Sale
,
and
inrolls
that
according
to
the
Statute
;
that
is
good
without
Attornement
,
and
the
Lord
may
distrain
for
his
Services
,
and
the
same
Law
is
of
a
Reversion
so
granted
,
Rastall
,
Inrolment
2.
but
of
a
Grant
by
Fine
it
is
otherwise
,
27
H.
8.
chap.
16.
30
H.
8.
Tit.
Attornement
.
If
the
King
grant
Reversion
of
Lands
,
or
grant
a
Mannour
to
one
and
his
Heirs
,
or
otherwise
by
his
Letters
Patents
,
the
Patentee
may
distrain
or
avow
without
Attornement
,
and
he
need
no
Attornement
,
34
H.
6.
fol.
7.
Fitzh
.
fol.
60.
J.
&
6
Ed.
3.
Tit.
13.
Natura
brevium
fol.
171.
accordingly
,
12
Ed.
4.
fol.
3.
Where
a
Mannour
or
Reversion
is
devised
by
Will
in
writing
,
that
is
good
,
and
shall
passe
without
Attornement
,
19
H.
6.
fol.
24.
Littleton
fol.
132.
accordingly
of
Devise
,
where
Lands
were
devisable
by
Custome
,
34
H.
6.
fol.
7.
The
Lord
may
avow
upon
the
Tenant
by
the
Curtesie
,
and
in
dower
,
and
upon
him
which
recovered
against
his
Tenant
without
Attornement
,
for
they
are
in
by
Law
,
and
need
to
have
no
Attornement
,
36
H.
6.
fol.
35.
If
one
have
a
Mannour
delivered
in
Execution
by
vertue
of
a
statute
Merchant
,
or
an
Elegit
,
he
may
avow
without
Attornement
,
20
H.
6.
fol.
7.
Where
a
Mannour
Escheats
,
or
the
Lord
have
that
as
a
Perquisite
by
his
Villain
,
he
may
avow
without
Attornement
,
Littleton
fol.
132.
34
H.
6.
fol.
7.
accordingly
,
and
Fitzh
.
fol.
60.
J.
If
a
man
have
a
Common
of
Pasture
to
a
certain
number
,
or
a
Common
of
Estovers
certain
,
and
grants
them
over
,
these
shall
passe
without
Attornement
,
for
that
they
are
not
to
be
taken
by
the
hands
of
Tenants
,
but
by
the
mouths
of
Beasts
;
and
where
no
attendance
nor
payment
is
to
be
made
by
the
Tenant
,
there
the
things
may
passe
without
Attornement
,
31
H.
8.
Tit.
Attornement
.
Where
a
man
lets
for
forty
years
,
and
after
lets
the
same
Land
to
another
,
to
have
the
Land
from
the
end
of
the
first
Terme
for
twenty
years
,
there
need
no
Attornement
,
and
contrary
when
he
grants
a
Reversion
,
to
have
the
same
Reversion
at
the
end
of
the
first
Terme
for
twenty
years
then
next
ensuing
,
there
ought
to
be
Attornement
by
Horewood
,
37
H.
8.
Tit.
41.
and
1
Ed.
6.
Tit.
4.
A
man
lets
a
House
for
Life
,
and
after
grants
the
Reversion
of
the
said
House
,
to
have
from
the
Feast
of
Saint
Michael
,
next
after
the
Death
of
the
Tenant
for
Life
,
for
21
years
then
next
following
,
this
is
go●●
without
Attornement
,
for
this
passeth
by
(
to
have
)
the
House
as
a
Lease
,
and
not
as
a
Reversion
;
and
also
the
Tenant
for
Life
is
not
attendant
to
him
,
3
Mary
Tit.
69.
One
lets
for
twenty
years
,
and
this
Lessee
lets
that
for
ten
years
rendring
Rent
,
and
after
this
Lessee
for
twenty
years
grants
the
Reversion
of
the
Terme
Rent
to
a
stranger
,
it
behoveth
that
the
Lessee
for
ten
years
attorne
,
otherwise
it
is
if
no
Rent
be
reserved
,
2
Ed.
6.
Tit.
45.
If
a
man
lets
for
ten
years
,
and
the
same
Lessee
lets
that
to
another
for
four
years
,
the
Lessor
makes
a
Feofment
to
a
stranger
,
by
sufferance
of
the
second
Lessee
,
this
is
a
good
Feofment
without
Attornement
of
the
first
Lessee
,
28
H.
S.
Tit.
Feofments
68.
B.
Two
joint-tenants
,
and
one
release
to
the
other
,
it
is
good
without
Attornement
,
28
H.
6.
Then
let
us
see
what
is
good
Attornement
,
and
what
not
.
WHere
a
Reversion
is
granted
,
and
the
Tenant
attorn
by
a
Penny
,
it
is
good
,
for
it
an
Agreement
,
8
Book
of
Assise
25.
A
man
grants
four
divers
Rents
,
and
the
Tenant
attornes
by
a
Penny
,
this
is
good
for
them
all
,
that
is
to
say
,
for
them
all
to
distrain
,
but
not
for
them
all
to
have
an
Assise
,
for
it
is
not
Seisin
,
22
Book
of
assise
66.
Attornement
ought
to
be
made
by
the
Tenant
in
the
life
of
the
Grantor
,
for
Attornement
after
is
not
good
,
16
Book
of
Assises
25.
A
Lease
is
made
for
Life
;
and
after
the
Reversion
is
granted
to
one
,
and
the
Tenant
for
life
surrender
to
him
,
this
is
a
good
attornement
,
23
As.
18.
A
man
seised
of
two
acres
,
or
of
two
Mannours
,
le
ts
one
for
years
,
and
after
makes
a
Feofment
of
both
,
and
makes
Livery
of
that
in
Possession
,
yet
the
other
shall
passe
without
attornement
,
7
Ed.
4.
fol.
20.
Where
a
Feofment
and
Livery
is
made
of
a
Mannour
,
that
one
hath
in
execution
by
a
Statute
,
this
Livery
is
as
an
attornement
,
if
the
Tenant
by
Statute
enter
again
,
46
Ed.
3.
fol.
30.7
H.
4.
Statham
46.
the
same
.
If
a
man
lets
a
Mannour
for
years
,
and
after
outs
the
Termor
and
enfeoffes
another
,
and
makes
Livery
,
and
the
Termor
re-enter
,
it
is
good
without
other
attornement
,
5
H.
5.
fol.
12.
the
same
,
9
H.
6.
fol:
16.
the
same
,
Littl.
fol.
130.
If
a
Feofment
be
made
,
and
Livery
also
,
and
do
not
out
the
Termor
,
nor
he
attorne
,
it
is
not
good
,
5
Book
of
Ass.
1.17
Ass.
3.2
Book
of
Ass.
1.
the
same
,
and
21
H.
7.
fol.
7.
If
my
tenant
for
life
lets
his
Estate
to
another
upon
condition
,
for
default
of
payment
to
re-enter
,
and
after
I
grant
the
Reversion
,
and
the
first
tenant
attorns
,
this
is
not
good
,
for
he
hath
nothing
at
the
time
of
the
Grant
of
the
Reversion
,
8
H.
5.
fol.
10.
A
man
lets
his
Mannor
for
life
,
and
after
grants
the
Reversion
of
that
to
another
,
if
the
tenant
for
life
attorne
,
it
is
good
,
and
all
the
services
of
all
the
Free-holders
of
the
Mannour
shall
passe
without
other
attornement
,
21
Ed.
3.
fol.
34.
Payment
of
Rent
is
good
attornement
,
49
Ed.
3.
fol.
15.
Payment
of
Rent
in
name
of
Seisin
is
agreement
and
Seisin
,
40
Ed.
3.
fol.
34.
Where
they
are
compellable
to
attorne
,
and
where
not
,
and
what
Tenants
are
compellable
to
attorne
,
and
what
not
.
WHere
a
Reversion
or
a
Mannour
is
granted
,
unlesse
it
be
by
Fine
,
there
lies
no
Quid
juris
clamat
to
compell
the
tenant
to
attorne
,
but
upon
a
Grant
by
Fine
,
and
not
upon
a
Grant
of
Reversion
by
Deed
,
Nat.
brevium
,
fol.
170.
If
a
man
alien
his
Mannour
,
he
need
not
that
the
tenants
at
will
attorne
,
and
the
same
seems
of
tenants
by
Copy
of
Court-roll
,
Br.
Tit.
44.
Littleton
fol.
125.
By
Seisin
by
the
hands
of
the
tenant
at
will
,
the
Lord
by
that
cannot
avow
,
8
H.
6.
fol.
65.
Tenant
for
life
grants
his
estate
to
J.S.
upon
condition
,
and
after
the
reversion
is
granted
by
fine
,
and
the
first
Tenant
for
life
attorns
,
it
is
not
good
,
and
he
is
not
compellable
to
attorn
,
but
J.S.
8.
H.
5.
fol.
10.
If
I
let
for
life
,
and
after
grant
the
reversion
by
fine
,
and
after
Tenant
for
life
grants
over
his
estate
to
J.S.
yet
after
attorns
,
it
is
good
,
for
he
was
compellable
to
attorn
,
and
not
J.S.
18.
Ed.
4.
f.
10.
and
21
H.
6.
fol.
61.
If
Tenant
in
Dower
grant
over
her
estate
to
J.S.
and
after
the
reversion
is
granted
by
fine
,
she
is
compellable
to
attorn
and
not
,
J.S.
10.
H.
4.
fol.
10.1
.
H.
4.
fol.
18.
the
same
.
If
Tenant
by
the
Curtesie
grant
over
his
estate
,
and
after
the
reversion
is
granted
by
fine
,
Tenant
by
the
Curtesie
is
compellable
to
attorn
,
18.
Ed.
3.
fol.
3.
He
which
was
Tenant
,
day
of
the
fine
levyed
,
though
he
hath
granted
over
his
estate
,
is
compellable
to
attorn
,
18.
Ed.
4.
fol.
10.
Also
18.
H.
6.
fol.
25
and
21.
H.
6.
fol.
6.
the
same
.
After
a
fine
ingrossed
and
that
delivered
,
the
Tenant
is
not
compellable
to
attorn
,
for
a
Quid
juris
clamat
lieth
against
him
,
Fitzh
.
fol.
147.
and
11.
Ed.
3.
Statham
.
If
I
give
lands
in
tail
,
reserving
rent
,
and
I
grant
that
rent
by
fine
,
the
Tenant
shall
be
charged
to
attorn
,
otherwise
it
is
if
I
grant
the
reversion
,
for
there
he
is
not
compellable
to
attorn
,
5.
H.
5.
Statham
.
Where
any
person
is
not
cempellable
to
attorn
,
and
yet
attorns
,
and
their
attornement
good
,
and
where
not
.
TEnant
after
possibility
of
issue
extinct
,
is
not
compellable
to
attorn
,
and
yet
if
he
attorn
,
it
is
good
,
43
Ed.
3.
fol.
15.46
.
Ed.
3.
fol.
13.
If
Tenant
in
tail
attorn
it
is
good
,
and
yet
he
is
not
compellable
to
attorn
,
3.
Ed.
4.
fol.
11.
If
Donor
grant
the
reversion
of
Tenant
in
tail
,
to
another
in
fee
,
if
the
Donee
attorn
gratis
,
it
is
good
,
and
yet
he
is
not
compellable
,
12.
Ed.
4.
fol.
3.
If
a
Lordship
or
Mannor
be
granted
by
fine
,
and
after
the
Tenant
which
hold
of
that
,
makes
a
feoffment
or
is
disseised
,
if
the
feoff●e
or
disseisor
attorn
,
it
is
good
,
and
yet
they
are
not
compellable
to
attorn
,
18.
Ed.
4.
fol.
10.
If
a
man
lets
for
10
years
,
and
the
same
lessee
lets
for
four
years
attornement
of
the
second
lessee
is
good
,
and
yet
he
is
not
compellable
to
attorn
,
and
clear
is
attornement
of
the
first
,
for
he
ought
to
attorn
,
28.
H.
8.
tit
.
feoffments
68.
If
I
let
for
life
,
and
grant
the
reversion
by
fine
,
and
after
the
grant
,
and
before
attornement
,
the
Tenant
for
life
lets
over
his
estate
to
J.S.
and
he
attorn
gratis
,
it
is
good
,
and
yet
he
is
not
compellable
to
attorne
,
21
H.
6.
f.
54.
and
20.
Ed.
3.
Brook
,
Tit.
24.
Fine
is
levied
of
a
Lordship
,
and
before
attornement
the
Tenant
makes
a
feoffment
,
and
after
the
feoffee
attorns
,
this
is
good
,
and
yet
he
was
not
compellable
to
attorn
,
but
his
feoffor
was
compellable
,
18.
Ed.
4.
fol.
10.
Now
let
us
see
that
the
grantee
by
fine
without
attornement
cannot
have
action
nor
avow
for
rent
,
which
is
in
lieu
of
action
,
nor
have
wast
,
but
may
have
all
other
things
,
as
entry
for
forfeiture
,
and
have
escheat
and
things
in
seisin
,
and
take
,
and
have
aid
.
WHere
a
reversion
is
granted
by
fine
,
the
right
passeth
,
and
for
that
Tenant
for
life
shall
have
aid
,
though
he
make
no
attornement
,
12
E.
4.
f.
3.37
.
H.
6
fol.
5.
the
same
,
35.
H.
6.
fol.
5.
Where
a
Mannor
is
granted
by
fine
and
Tenants
do
not
attorn
,
the
Lord
cannot
distrain
for
rent
,
but
shall
have
escheat
of
them
,
10
H.
6.
fol.
17.34
.
H.
6.
fol.
7.
the
same
,
20.
H.
6.
fol.
7.
The
Lord
grants
his
Lordship
by
fine
,
the
grantee
shall
have
such
things
,
which
lie
in
taking
,
as
ward
,
but
he
cannot
avow
for
rent
,
Natura
brevium
,
fol.
172.
Grantee
by
fine
of
a
Lordship
cannot
distrain
;
but
shall
have
escheat
and
ward
,
though
there
be
no
attornement
.
But
if
Tenant
for
life
alien
in
fee
,
he
may
enter
for
forfeiture
,
Tit.
fol.
130.
B.
p.
131.
A.
Wast
before
attornement
is
dispunishable
,
but
the
grantee
may
enter
for
forfeiture
or
seisure
but
shall
not
have
wast
before
attornement
,
48
Ed.
3.
fol.
15.
and
34.
H.
6.
fol.
7.
the
same
.
Note
that
one
cannot
have
an
action
without
attornement
,
though
the
grant
be
by
Fine
.
Attorney
in
Court
Baron
.
THey
that
have
tenements
in
divers
Counties
,
and
fear
to
be
impleaded
in
a
County
,
or
in
a
Court
Baron
,
may
make
a
generall
Attorney
to
prosecute
for
them
in
all
Pleas
,
Westin
.
2.
chap.
10.
It
is
likewise
provided
,
that
every
free
man
which
oweth
suite
to
the
County
Court
,
tything
,
hundred
,
or
to
the
Court
of
his
Lord
,
freely
may
make
his
Attorney
,
to
follow
his
suits
for
him
,
so
it
appears
that
a
Copi-holder
cannot
so
do
but
by
assent
of
the
Lord
,
he
may
compound
to
pay
a
certainty
yearly
,
to
release
his
suit
,
and
that
which
he
holdeth
he
may
freely
by
the
Statute
;
and
it
seems
that
the
making
of
an
Attorney
,
ought
to
be
by
writing
sealed
,
and
not
by
word
,
Merton
,
chap.
10.
A
Writ
of
making
an
Attorney
or
receiving
,
lieth
in
Court
Baron
,
to
make
the
Attorney
to
make
suit
,
Fitzh.
175.
B.
there
lieth
an
Alias
,
pluries
,
and
an
attachment
,
if
he
be
not
allowed
,
but
Copi-holder
shall
not
have
that
writ
,
Fitgh
.
156.
D.
One
may
make
an
Attorney
to
make
suit
personall
,
which
is
in
a
hundred
or
other
Court
Baron
;
but
for
suit
Reall
,
at
the
Leet
or
turn
of
the
Sheriff
,
he
shall
not
make
that
by
an
Attorney
,
Fitzherbart
,
25.
C.
What
action
shall
be
sued
in
a
Court
Baron
by
plaint
,
and
what
not
.
WHere
one
sues
several
plaints
for
five
marks
,
the
other
shall
have
a
prohibition
.
And
Detinue
of
writings
shall
not
be
sued
there
,
and
if
he
doth
,
the
other
shall
have
a
prohibition
,
5.
Ed.
4.
fol.
128.
Where
20
l.
is
parted
in
severall
plaints
under
40
s.
Prohibition
lies
.
Note
there
it
is
said
.
Supersedeas
lies
,
and
the
Defendant
there
with
safe
conscience
may
wage
his
Law
.
But
see
48
Ed.
3.
Fitzherbart
,
fol.
46.
A.
The
Lord
himself
shall
have
debt
in
his
Court
Baron
,
for
that
that
the
suitors
are
Judges
,
time
of
Ed.
1.
Tit.
debt
,
in
Fitzh.
177.
6
Ed.
4.
fol.
3.
Suitors
are
Judges
there
.
Debt
or
trespalle
may
be
sued
in
Court
Baron
by
plaint
,
but
that
is
where
the
debt
or
dammage
is
under
forty
shillings
,
that
the
Defendant
in
Trespasse
plead
his
Freehold
,
or
that
the
Plaintif
is
his
Villaine
,
the
Court
shall
cease
,
otherwise
a
Writ
of
false
Judgement
lieth
,
and
also
it
is
good
exception
to
the
Jurisdiction
of
a
Court
Baron
,
to
say
that
the
contract
was
made
out
of
the
Mannor
in
another
Town
,
34
H.
6.
fol.
53.
A
man
shall
not
have
account
in
Court-Baron
,
nor
in
County
,
43
Ed.
3.
fol.
19.
Plea
ought
not
to
be
removed
in
debt
or
trespasse
from
this
Court
,
but
where
a
Debt
or
Dammages
amount
above
forty
shillings
or
in
replegiare
,
but
I
intend
there
shal
not
be
a
plaint
in
Replegiare
in
every
Mannor
,
but
in
this
Mannor
where
the
Lord
hath
ancient
authority
by
Charter
to
make
Replegiare
,
yet
diverse
seem
the
contrary
,
see
Fitzh
.
Na.
Bre.
14
H.
8.
fol.
17.
Trespasse
,
Damages
found
eight
pence
in
the
common
Bench
,
and
the
Plaintif
recovers
,
but
he
cannot
there
count
under
forty
shillings
,
and
in
Court-Baron
he
can-count
above
forty
shillings
,
but
under
that
,
19
H.
6.
fol.
8.
That
Debt
and
Trespasse
shall
be
sued
in
Court-Baron
Britton
,
fol.
61.
Detinue
of
Goods
may
be
sued
in
a
Court-Baron
,
6
●
.
2.
Every
stranger
which
comes
within
the
Mannour
may
be
sued
there
in
Debt
or
Trespasse
,
under
forty
shillings
,
so
that
Debt
,
Detinue
of
Goods
,
and
such
actions
personalls
(
except
account
)
where
the
Debt
or
Dammages
is
under
forty
shillings
,
it
is
determinable
in
a
Court-Baron
by
plaint
there
,
34
H.
6.
fol.
53.
Trespasse
(
by
force
of
Armes
)
doth
not
lye
in
a
Court
Baron
,
note
that
the
contrary
is
used
,
7
Ed.
4.
fol.
23.
Sherif
in
the
County
may
hold
Plea
by
Justicies
of
the
great
Summons
,
but
Justicies
shall
not
be
in
a
Court-Baron
for
Justicies
shall
not
be
directed
to
the
Steward
but
to
the
Sherif
,
and
the
Sherif
is
Judge
in
a
Justicies
and
Officer
to
the
Court
,
but
so
is
not
the
Steward
,
21
Ed.
4.
fol.
79.
Fitzh
.
fol.
139.
F.
Note
that
Court-Baron
hath
no
authority
to
hold
Plea
of
Free-hold
,
and
of
that
to
give
Judgment
,
for
execution
thereof
that
is
a
Dissesin
to
the
Tenant
,
22
Ass.
64.
Glanvile
94.
saith
,
No
man
is
tied
to
answer
in
the
Court
of
his
Lord
of
a
Free-hold
,
without
the
command
of
the
Lord
the
King
.
Right
patent
may
be
directed
to
the
Lord
to
be
tried
in
a
Court-Baron
,
but
it
cannot
be
tried
there
by
great
Assise
,
but
it
seems
it
may
be
tried
by
Battell
and
if
the
Tenant
ioyne
Battell
,
the
Lord
may
give
day
to
try
it
,
but
Fitzh
.
fol.
4.
E.
saith
,
if
the
Lord
will
proceed
or
Issue
is
ioyned
upon
the
great
Assise
,
prohibition
lies
,
and
if
Bastardy
or
any
forrain
Plea
be
pleaded
,
then
they
have
no
Jurisdiction
in
Court
Baron
,
and
if
they
proceed
,
Prohibition
lies
.
Time
of
Ed.
1.
Tit.
Droit.
45.
1
H.
6.
fol.
7.
If
plaint
of
Debt
or
Trespasse
be
sued
there
,
and
forrain
matter
is
pleaded
,
it
shall
not
be
tried
in
Court-Baron
,
1
H.
5.
fol.
12.
If
in
a
Writ
of
Right
patent
in
Court-Baron
for
Charter
Land
,
the
Lord
will
not
proceed
to
do
right
,
the
Demandant
may
go
to
the
Sherif
and
have
a
(
Tolt
)
which
is
a
command
to
his
Bailif
,
that
he
take
out
the
complaint
and
remove
the
Plea
into
the
County
,
and
after
that
also
by
a
(
Pone
)
in
the
common
Bench
,
but
the
Tenant
shall
not
have
a
(
Tolt
)
but
he
shall
have
a
(
Recordare
)
with
the
cause
,
and
the
Demandant
may
have
a
(
Pone
)
without
cause
,
Fitzh
.
fol.
3.
F.
Note
that
a
Writ
of
Right
patent
ought
to
be
sued
in
the
Lords
Court
and
not
otherwhere
,
without
the
license
of
the
Lord
,
Testimony
of
the
King
,
by
Letter
or
otherwise
,
that
he
hath
given
license
and
then
he
shall
have
his
Writ
,
because
the
Lord
hath
remitted
his
Court
in
the
Common
Bench
,
Nat.
Brevium
fol.
15.
None
may
distraine
Free
Tenants
to
answer
of
a
Freehold
nor
of
any
thing
belonging
to
the
Free-hold
,
without
the
Kings
Writ
,
Marleb
.
chap.
22.
Coppy-holders
shall
not
be
impleaded
by
the
Kings
Writ
,
but
shall
be
impleaded
in
the
Court
of
their
Lord
by
plaint
,
in
nature
of
what
Writ
they
will
,
Lit.
fol.
16.
Debt
upon
a
Bill
obligatory
under
forty
shillings
lieth
in
a
Court-Baron
.
Fitzh
.
2.
E.
If
a
Right
parent
be
sued
there
in
Court-Baron
,
and
forrain
matter
be
pleaded
there
,
or
Issue
joyned
to
be
triod
by
great
Assise
,
there
shall
go
a
Prohibition
.
Fitzh.
39.6
.
The
Tenant
may
have
prohibition
directed
to
the
Sherif
to
prohibit
Bailiffs
of
the
Court
where
the
Mise
is
joyned
in
a
Writ
of
Right
upon
the
Grand
Assise
,
unlesse
Battaile
were
there
offered
.
Marleb
.
chap.
20.
None
except
the
Lord
the
King
,
shal
hold
Pleas
in
his
Court
,
of
false
Judgement
given
in
the
Court
of
his
Tenants
,
because
these
Pleas
especially
belong
to
the
Crown
.
Fitzh
.
4.
E.
If
a
Plea
be
held
there
which
ought
not
,
a
Prohibition
lieth
.
Fitzh.
47.
b.
Detaining
of
writings
shall
not
be
sued
in
a
Court-Baron
.
Fitzh.
139.
D.
If
a
man
hold
plea
in
County
of
Trespasse
by
force
of
Armes
,
the
Defendant
may
sue
a
Supersedeas
out
of
the
Chancery
.
The
same
Law
seems
in
a
Court-Baron
,
8
Ed.
4.
Tit.
Jurisdiction
.
B.
215.
See
,
Fitzh
.
85.
G.
That
trespasse
shall
be
brought
in
Court-Baron
and
there
see
the
forme
of
the
Writ
,
but
it
is
not
by
force
of
armes
there
.
Britton
fol.
61.
That
Debt
and
Trespasse
shall
be
sued
in
a
Court-Baron
.
Fitzh
.
85.
G.
Trespasse
Viscountile
,
there
shall
not
be
(
by
force
of
armes
)
in
the
Writ
.
8
Ed.
4.
Tit.
115.
Trespasse
doth
not
lie
in
a
Court-Baron
,
(
by
force
of
armes
)
for
a
Fine
shal
not
be
set
but
in
a
Court
of
Record
,
and
for
that
it
shall
not
be
there
,
(
by
force
of
armes
)
see
Glocester
,
chap.
8.
22
Ass.
64.
If
one
implead
more
in
a
Court-Baron
without
a
Writ
and
recover
dammages
,
where
I
plead
to
the
Jurisdiction
,
and
the
Court
ought
to
be
outed
;
yet
if
the
Bailif
make
execution
of
these
dammages
by
command
of
the
Steward
,
he
shall
not
be
punished
in
trespasse
,
for
he
doth
that
which
he
ought
to
do
,
till
it
be
defeated
by
false
Judgment
,
but
if
it
were
(
before
not
a
Judge
)
it
is
void
,
and
otherwise
.
9
H.
7.
fol.
12.
Recovery
in
the
common
Bench
of
Lands
in
the
Countries
of
Lancaster
,
Durham
,
or
Chester
,
is
there
(
before
not
a
Judge
)
otherwise
it
is
there
of
recovery
of
Lands
in
the
(
five
Ports
)
.
22
Ed.
3.
fol.
30.
Formedon
in
the
Kings
Bench
and
an
Appeale
in
the
common
Bench
,
recovery
there
in
these
are
void
,
see
7
H.
4.
fol.
3.
and
8
Booke
of
Ass.
32.
Glocester
chap.
8.
It
is
provided
that
the
Sheriffs
shall
plead
in
Counties
the
Pleas
of
trespasse
also
,
as
they
were
wont
to
be
pleaded
,
&c.
13
H.
7.
fol.
20.
Waste
,
to
plead
in
that
is
not
good
,
for
that
that
Land
shall
be
recovered
,
and
so
in
an
(
Eiectione
firme
,
)
and
so
it
is
in
a
(
Collegendum
,
)
they
shall
not
be
sued
here
,
and
by
Fitzh.
220.
H.
Plaintiff
shall
recover
his
tearm
and
dammages
.
Littleton
fol.
60.
If
there
be
two
Tenants
in
common
for
years
,
and
one
put
the
other
out
of
possession
,
he
shall
have
an
(
Eiectione
firme
)
of
his
half
,
for
that
it
is
to
recover
a
real
Chattel
.
So
it
seems
that
shal
not
be
sued
here
,
nor
an
ejectment
of
Ward
which
is
in
the
realty
.
Fitzh.
220.
H.
Processe
of
outlawrie
lies
in
an
(
Eiectione
firme
)
and
yet
he
shall
recover
his
Land
again
,
unlesse
it
be
expired
,
and
also
his
dammages
.
Littleton
93.
A
Writ
of
wast
is
a
mixt
action
,
so
is
an
Assise
of
novel
disseisin
,
and
a
(
Quare
Impedit
)
and
for
that
they
shall
not
sue
here
.
Action
upon
the
Statute
of
8
H.
6.
nor
upon
the
Statute
of
R.
2.
shall
not
be
sued
here
,
for
that
that
they
are
given
by
Statute
:
but
an
action
upon
the
case
may
be
sued
here
if
the
dammages
are
under
40.
s.
Plaint
in
Precipe
.
TRespasse
in
one
tenement
with
a
Toft
adjoyning
,
containing
four
Acres
of
land
,
agreed
that
this
word
(
Tenement
,
)
is
uncertain
.
3.
E.
4.
tit.
28.
11.
H.
7.
fol.
25.
(
tenement
,
)
is
no
tearm
to
demand
a
house
or
shop
.
45.
Ed.
3.
fol.
6.
Precipe
of
land
in
D.
it
is
a
good
Plea
that
there
is
no
such
town
.
41
Ed.
3.
fol.
22.
Precipe
in
D.
and
S.
for
that
,
that
D.
is
a
hamlet
of
S.
and
he
demands
a
thing
twice
,
the
Writ
shall
abate
.
8
E.
4.
f.
6.
Precipe
doth
not
lie
in
a
hamlet
,
but
in
a
town
,
or
a
place
known
out
of
a
town
;
but
all
Actions
personall
may
be
brought
in
hamlet
,
or
town
,
or
place
known
.
Dower
,
Assise
,
and
Scire
facias
,
to
have
execution
of
a
fine
,
it
may
be
brought
in
a
hamlet
.
16.
E.
3.
Precipe
of
a
peice
of
land
without
certainty
,
is
not
good
,
but
of
a
peice
of
land
containing
so
much
,
is
good
:
see
before
,
11.
H.
4.
fol.
38.
13.
H.
4.
Tit.
33.
Dower
of
a
Mill
,
though
after
the
witnesse
of
the
Writ
it
was
made
a
(
Toft
,
)
it
is
good
;
otherwise
if
it
were
made
a
tost
before
the
witnesse
of
the
Writ
.
14.
H.
4.
tit
.
demand
5.
the
same
.
13.
H.
6.
fol.
8.
Upon
two
Verges
of
the
Land
are
built
houses
,
and
they
are
meadow
and
pasture
;
they
are
now
to
be
demanded
as
they
are
,
not
as
before
when
they
were
verges
.
Fitzh.
192.
6.
Ed.
2.
tit
.
41.
Precipe
of
passage
over
a
water
,
&c.
good
.
27.
H.
8.
fol.
14.
Precipe
is
not
good
of
a
Common
,
but
of
pasture
for
two
beasts
is
good
.
4.
Ed.
4.
fol.
2.
the
same
.
22.
Ed.
4.
fol.
13.
by
Jenney
:
A
man
shall
have
a
Precipe
quod
reddat
of
a
house
and
garden
,
but
he
shall
not
have
a
Precipe
of
a
garden
alone
.
For
that
,
That
Plaints
shall
be
made
for
Copi-hold
in
nature
of
Precipe
,
let
us
see
of
what
,
and
how
plaint
of
Precipe
shall
be
made
.
PRecipe
may
be
of
a
chamber
,
and
yet
foundation
may
perish
,
for
that
it
is
not
in
perpetuity
.
5.
H.
7.
fol.
9.
contrary
,
H.
6.
11
H.
7.
fol.
24.
Trespasse
may
be
brought
of
trespasse
in
a
hamlet
,
and
Precipe
shall
be
brought
of
land
in
a
town
,
and
not
in
hamlet
.
16
H.
7.
fol.
7.
Assise
doth
not
lie
of
a
Rectory
:
Seek
if
an
(
Ejectione
firme
)
lyeth
of
that
.
9.
H.
7.
fol.
21.
Precipe
of
lands
in
D.
by
Bryan
:
over
D.
and
nether
D.
is
good
in
abatement
.
7.
H.
4.
fol.
9.
Wast
in
D.
it
is
a
good
plea
in
abatement
,
that
D.
is
neither
town
nor
hamlet
.
11.
H.
4.
fol.
38.
Precipe
that
he
should
restore
a
certain
portion
of
land
,
is
good
by
Hank
and
Hill
.
6.
Ed.
3.
tit
.
Demand
41.
precipe
of
8
foot
of
land
in
length
and
6
in
bredth
,
and
good
.
13.
Ed.
3.
tit
.
32.
&
33.
Precipe
of
an
Oxgange
of
land
,
is
good
:
Contrary
of
an
Oxgange
of
marsh
,
for
that
cannot
be
gained
,
tit
.
demand
33.
&
36.
40
Assis
.
9.
Precipe
shall
be
brought
in
a
town
,
and
not
in
a
hamlet
.
34.
H.
9.
fol.
1.
the
same
.
34.
H.
6.
fol.
20.
Precipe
shall
be
in
a
town
,
or
of
a
Mannor
which
is
a
place
known
out
of
a
town
,
and
not
in
a
Hamlet
.
But
an
Assise
in
a
Hamlet
is
good
,
and
also
in
Dower
.
Who
hath
most
Right
,
and
Right
ought
to
be
sued
there
.
LIttleton
fol.
91.
If
a
man
be
disseised
by
an
Infant
,
the
which
alieneth
in
fee
,
and
the
Alienee
dies
seised
,
and
his
heir
enter
,
the
Infant
within
age
,
he
may
have
a
(
Dum
fuit
infra
aetatem
)
or
a
Writ
of
Right
,
or
(
Entry
)
at
his
election
:
for
he
hath
more
right
then
the
heir
of
the
Alienee
.
But
if
the
Disseisee
release
to
the
heir
of
the
Alienee
,
if
now
he
bring
a
Writ
of
Right
,
the
issue
shall
be
upon
the
meer
right
,
and
shall
be
fonnd
for
the
heir
,
for
now
he
hath
more
right
by
the
release
of
the
disseisee
.
Littleton
fol.
93.
If
a
disseisor
die
seised
,
and
his
heir
in
by
discent
,
if
the
disseisee
enter
,
and
the
heir
of
the
disseisor
brings
an
assise
,
he
ought
to
recover
:
But
if
he
brings
a
Writ
of
Right
,
the
issue
shall
be
upon
the
meer
right
,
and
there
the
heir
shall
be
barred
;
for
the
disseisee
hath
more
right
.
Right
Patent
is
to
be
directed
to
the
Lord
,
of
whom
the
land
is
held
,
unlesse
it
be
held
of
the
King
or
Queen
,
and
it
is
as
a
Commission
to
the
Lord
;
that
he
shall
do
Right
.
And
it
may
be
removed
by
a
(
Recordare
)
by
the
Tenant
with
cause
,
and
by
a
(
Pone
)
by
the
demandant
without
cause
,
and
after
that
it
be
removed
in
County
,
it
may
be
removed
by
the
demandant
by
a
(
Tolt
)
Fitzh
.
fol.
B.
and
Britton
fol.
275.
where
the
Tenant
puts
him
upon
the
grand
Assise
,
it
shall
be
removed
,
Fitzh
.
fol.
1.
F.
Where
Judgement
final
shall
be
,
and
where
not
.
IN
a
Writ
of
Right
,
Judgement
final
shall
be
given
;
but
after
the
mise
joyned
,
and
upon
every
recovery
upon
departure
in
despight
of
the
Court
,
Judgement
final
shall
be
.
As
in
Right
against
a
Prior
,
which
voucheth
common
Cryer
,
which
en●reth
into
the
Warranty
,
and
the
demandant
Imparles
,
and
at
the
day
the
Vouchee
departs
in
despight
of
the
Court
,
and
upon
this
Judgement
final
given
.
26
H.
8.
f.
10.
12
H.
7.
f.
10.
If
the
tenant
in
Writ
of
Right
joyn
with
the
mise
,
&
after
depart
in
despight
of
the
Court
,
Judgement
final
shall
be
given
.
So
if
he
joyn
the
Mise
by
a
Champion
,
and
makes
default
,
Judgement
final
shall
be
given
;
but
if
he
make
default
at
the
Nisi
prius
,
and
upon
a
petty
Capias
,
yet
he
cannot
save
his
default
,
Judgement
final
shall
not
be
.
The
same
Law
if
he
make
default
after
default
,
before
the
Mise
joyned
,
Judgement
final
shall
not
be
.
Fitzh
.
fol.
11.
If
a
man
loose
by
default
in
a
Writ
of
right
before
the
mise
ioined
,
yet
he
shall
have
a
Writ
of
right
against
him
which
recovers
.
But
after
the
mise
ioined
it
is
otherwise
,
for
then
upon
default
after
the
mise
ioined
the
iudgement
shall
be
finall
as
well
against
the
defendant
for
his
non-suit
,
as
against
the
Tenant
,
if
he
make
default
afterwards
.
10
H.
6.
fol.
2.
Right
,
the
Tenant
vouches
,
and
the
vouchee
comes
in
and
joins
issue
,
and
the
demandant
imparles
till
the
next
day
,
and
at
the
day
,
the
Tenant
was
demanded
and
makes
default
,
judgement
final
shall
not
be
given
against
the
vouchee
there
.
1
H.
6.
fol.
7.
Where
the
mise
is
joined
by
battell
in
right
,
and
after
the
champion
of
the
Tenant
maketh
default
,
judgement
finall
shall
be
given
.
Time
of
Ed.
1
Tit.
44.
if
the
Tenant
make
default
after
the
mise
joined
,
he
shall
loose
the
land
for
ever
,
if
he
cannot
save
his
default
.
3
H.
6.
fol.
37.
If
the
Tenant
in
right
saith
,
that
he
hath
more
right
,
ready
to
try
by
battell
,
and
the
plaintif
rejoin
,
and
day
given
,
and
at
the
day
,
the
Tenant
makes
default
,
And
for
that
,
that
the
Justices
see
a
fine
,
by
which
the
Tenant
hath
but
an
estate
tail
,
they
advise
of
the
iudgement
,
and
clearly
where
the
Tenant
makes
default
after
the
mise
ioined
,
if
it
were
fee
,
iudgement
finall
should
be
.
Processe
in
Court
Baron
,
is
summons
,
attachment
,
and
distresse
,
which
is
processe
at
the
common
law
,
34
H.
6.
fol.
53.
and
37.
H.
6.
fol.
the
same
.
By
Martin
,
one
cannot
have
a
Capias
in
Court
Baron
,
nor
execution
there
(
by
Capias
to
satisfie
)
but
the
naturall
excution
and
processe
is
,
attachment
of
goods
,
as
after
more
at
large
appears
,
3
H.
6.
fol.
56.
Processe
upon
plaints
for
Coppy-hold
land
,
is
the
same
processe
,
which
is
at
the
common
law
,
in
nature
of
what
Writ
the
plaint
is
.
Amerciament
in
Court
Baron
for
suit
and
otherwise
,
and
what
remedy
for
that
,
and
where
it
shall
be
moderate
.
MOderata
misericordia
lies
,
where
a
man
is
amerced
in
a
Court
Baron
outragiously
,
and
upon
that
also
lieth
,
Alias
,
pluries
,
and
attachment
.
But
if
the
amerciament
be
affirmed
by
equals
,
moderata
misericordia
,
doth
not
lie
,
10
Ed.
2.
Tit.
action
upon
the
Stat.
34.
And
note
,
that
this
is
the
cause
,
that
in
all
Court
Barons
three
are
sworn
to
ratifie
the
amerciaments
,
after
that
the
homage
hath
presented
the
offences
,
and
Bracton
calls
them
Trustees
,
Amercers
,
and
Affirmors
,
also
it
seems
to
be
by
the
statute
of
Magna
Charta
,
chap.
14.
and
by
Westminster
,
1.
chap.
6.
which
is
that
a
man
be
not
amerced
,
but
by
his
equals
,
Fitzh
.
fol.
75.
A.
Debt
lieth
by
the
Lord
,
for
amerciament
in
his
Court
Baron
affirmed
,
and
there
held
that
the
defendant
may
wage
his
law
in
this
action
,
also
amerciament
may
be
in
Court
Baron
upon
the
plaintif
,
if
he
be
non-suited
,
and
upon
the
defendant
if
it
be
found
against
him
,
or
if
he
fail
of
his
law
,
Statham
,
12
R.
2.
fol.
65.
A
free
man
shall
not
be
amerced
for
a
small
fault
,
but
according
to
the
manner
of
that
fault
,
and
for
a
great
one
,
according
to
the
greatnesse
of
the
fault
,
saving
to
him
his
freehold
,
and
to
a
Merchant
saving
his
Merchandize
,
and
to
a
villain
saving
his
waynage
.
And
upon
this
Statute
is
(
Moderata
misericordia
)
founded
,
as
appeareth
by
the
Register
.
And
Glanvile
saith
,
there
is
also
mercy
,
because
who
by
the
oath
of
lawfull
men
is
amerced
,
shall
loose
nothing
of
his
honourable
freehold
,
Magna
Charta
,
chap.
14.
If
the
Lord
of
his
own
head
amerce
any
Tenant
or
party
in
the
Court
Baron
without
cause
,
the
party
may
have
a
trespasse
,
if
he
be
distrained
for
that
amerciament
,
Fitzh
.
fol.
75.
C.
If
the
Steward
or
the
Bailiff
wil
assesse
any
amerciament
without
confirming
by
two
upon
their
oaths
,
after
that
the
homage
hath
presented
the
offenders
,
there
is
a
special
Writ
,
thereupon
the
Stat.
of
Magna
Charta
,
chap.
14.
upon
these
words
,
that
none
shall
be
put
upon
the
aforesaid
mercies
,
but
by
the
oath
of
good
and
lawfull
men
,
so
that
the
Steward
cannot
confirm
the
said
amerciaments
,
by
this
Statute
,
but
the
affirors
or
affirmors
,
Fitzh
.
fol.
76.
D.
Amerciament
in
Court
Baron
,
which
is
the
12.
and
13.
Article
of
the
Charge
,
for
a
Trespasse
done
to
the
Lord
,
and
what
remedy
for
it
.
LOrd
of
Court
Baron
may
have
an
action
of
debt
in
his
own
Court
for
amerciament
due
to
him
,
Debt
lieth
by
the
Lord
for
amerciament
assessed
in
Court
Baron
,
and
affirmed
there
,
and
Bracton
saith
,
that
the
ascestors
shall
confirm
,
that
they
shall
oppresse
none
for
hate
,
nor
ease
others
for
love
,
and
that
they
shall
not
conceal
those
things
which
they
heare
,
so
that
the
Lord
cannot
amerce
for
trespasse
done
unto
himself
,
unlesse
by
custome
and
usage
,
otherwise
it
is
extortion
.
The
Lord
cannot
amerce
a
man
in
his
own
Court
,
for
trespasse
made
to
himself
by
the
Law
,
but
he
may
by
custome
;
but
if
he
levie
the
amerciament
,
it
is
a
good
barr
in
trespasse
,
be
the
custome
so
or
not
,
and
if
it
be
not
used
,
it
is
extortion
,
12
H.
4.
fol.
9.
It
seems
that
for
a
small
trespasse
made
to
the
Lord
,
he
may
be
amerced
in
the
Lords
Court
,
and
if
it
be
confirmed
and
paid
,
the
Lord
shall
not
have
trespasse
of
that
,
14
Ed.
4.8
.
and
7.
H.
4.
fol.
8.
If
Tenant
be
amerced
in
the
Lords
Court
,
for
trespasse
to
the
Lord
,
it
is
extortion
,
but
if
the
Lord
accept
the
amerciament
,
it
is
good
satisfaction
for
the
prespasse
,
and
good
barr
in
trespasse
,
48
Ed.
3.
fol.
8.
In
trespasse
by
the
Lord
,
it
is
a
good
barr
that
the
trespasse
was
affirmed
by
the
Suitors
,
48
Ed.
3.
fol.
8.
and
47.
Ed.
3.
fol.
19.
Attachment
in
Court
Baron
upon
debt
or
trespasse
or
in
any
other
action
,
it
seems
that
he
shall
forfeit
the
thing
attached
upon
default
,
and
what
thing
shall
be
attached
,
and
what
not
,
let
us
see
.
By
Billing
,
Wangford
,
and
Needham
,
that
in
(
Pone
)
in
Court
Baron
the
goods
attached
,
if
he
make
default
shall
be
forfeit
to
the
Lord
,
tit
.
Court
Baron
,
1.
Brook
report
,
that
37
H.
6.
is
contrary
,
but
this
is
not
in
the
long
report
,
34
H.
6.
fol.
49.
If
a
Bailif
attach
a
beast
in
Court
Baron
,
and
it
was
returned
attached
,
and
doth
not
come
,
it
is
forfeit
to
the
Lord
,
28
H.
6.
fol.
9.
If
the
Sherif
attach
a
Cow
the
property
is
not
out
of
the
defendant
,
till
he
make
default
upon
return
of
that
,
and
if
the
Sherif
leave
the
Cow
attached
with
the
defendant
,
yet
if
he
make
default
it
is
forfeit
to
the
King
,
and
the
Sheriff
may
take
it
with
him
at
the
first
if
he
will
,
9
H.
7.
fol.
6.
By
Brian
,
a
plaint
cannot
be
affirmed
in
a
Court
Baron
,
but
the
Court
sitting
,
and
so
attachment
shall
be
awarded
,
the
Court
sitting
,
notwithstanding
it
is
used
otherwise
,
21.
Ed.
4.
fol.
79.
By
Babington
,
that
attachment
shall
be
by
a
meer
chattel
,
which
shall
be
forfeited
by
default
of
the
party
;
but
it
shall
not
be
by
a
chattel
real
,
as
a
lease
for
years
,
or
a
ward
,
nor
for
apparrel
,
7
H.
6.
fol.
10.
That
attachment
shall
be
of
chattels
which
a
man
may
forfeit
by
outlawry
,
26
H.
6.
T
it
assise
,
14.
By
Moyle
,
That
no
goods
shall
be
attached
but
the
proper
goods
of
the
party
,
and
not
the
goods
which
the
party
hath
in
pawn
,
or
that
he
hath
borrowed
,
35
H.
6.
fol.
25.
The
precept
of
attachment
is
made
,
as
it
followeth
,
&c.
IK
.
Steward
to
the
Bailiff
of
the
same
,
health
;
I.S.
complaineth
against
I.
D.
in
a
Plea
of
debt
of
30
s.
or
in
a
Plea
of
Trespasse
,
if
the
Plaintiff
sue
a
trespasse
,
&c.
or
in
a
Plea
of
detaining
,
&c.
and
find
pledges
to
prosecute
,
&c.
Therefore
I
command
you
,
that
you
shall
attach
the
aforesaid
I.
D.
by
all
his
goods
and
chattels
,
to
answer
the
aforesaid
I.
S.
in
the
Plea
aforesaid
,
at
the
next
Court
there
to
be
held
,
and
have
there
this
precept
and
how
,
&c.
Dated
the
23.
of
April
,
the
year
of
the
Raign
of
Queen
Eliz
,
&c.
22.
By
me
I.
K.
Steward
.
Note
,
that
in
a
Court
Baron
a
man
shall
be
attatched
by
goods
,
and
there
shall
issue
no
Capias
there
.
Where
the
entry
is
,
The
great
Court
of
J.S.
there
held
,
this
is
but
a
Court
Baron
.
And
where
the
entry
is
,
To
the
great
Court
with
Leet
,
it
is
presented
,
this
is
uncertain
and
not
good
;
for
the
entries
shall
be
several
as
it
follows
afterwards
,
10
Ed.
4.
fol.
17.
By-Laws
.
I
entend
that
By-Laws
and
Paints
,
which
is
the
21
Article
of
Charge
,
may
be
made
in
Court
Baron
as
well
as
in
Leet
.
IT
is
said
that
a
town
may
make
by-Laws
,
11
H.
7.
fol.
14.
and
44
Ed.
3.
fol.
19.
and
that
where
by-Laws
are
for
the
Common-wealth
,
are
good
;
and
it
is
general
,
that
by-Laws
may
be
,
and
it
is
not
material
in
what
Court
,
so
I
intend
,
for
these
causes
were
made
in
Court
Baron
.
By-Laws
for
inheritance
shall
not
bind
,
but
those
which
were
parties
to
it
,
and
not
any
other
which
was
no
party
,
15
Eliz.
One
by-Law
may
order
the
Inheritance
of
a
man
,
but
cannot
dis-inherite
any
,
by
Manwood
15
Eliz.
By-Law
may
be
made
in
Leet
,
and
may
be
in
a
town
by
Harper
,
and
shall
bind
every
one
,
if
it
be
for
the
Common-wealth
,
and
otherwise
not
,
but
onely
he
which
agrees
,
and
not
an
estranger
,
11
H.
7.
f.
14.
One
avows
taking
of
distresse
,
and
prescribes
,
that
,
&c.
there
was
a
custome
had
,
that
all
the
tenants
or
the
greater
part
of
the
tenants
of
this
Mannor
,
and
other
the
residents
and
Inhabitants
within
that
Mannor
,
or
the
greater
part
thereof
to
the
Court
Baron
of
that
Mannor
,
held
at
the
said
Mannor
,
were
used
and
acustomed
to
make
Laws
,
called
by-Laws
,
which
proves
that
by-Laws
may
be
made
in
Court
Baron
as
in
Court
Leet
.
2
Eliz.
Dier
saith
,
That
a
Steward
by
assent
of
the
tenants
in
his
Court
could
not
by
the
Law
apportion
himself
,
and
the
residue
of
the
tenants
,
of
their
Common
for
sheep
,
if
they
have
that
by
the
grant
of
the
Lord
himself
;
But
if
they
have
that
by
prescription
,
otherwise
it
is
:
And
they
may
agree
,
that
he
which
surcharges
shall
pay
to
the
Lord
so
much
,
but
then
it
behooveth
the
Lord
to
shew
authority
by
prescription
,
that
his
tenants
have
made
such
by-Laws
of
the
Commons
,
and
other
things
of
Land
,
of
time
whereof
,
&c.
and
ought
also
to
prescribe
,
that
he
had
used
to
distrain
for
that
,
but
if
such
amerciament
had
been
paid
without
distresse
of
their
accord
,
this
is
good
evidence
to
the
prescrption
of
distraining
.
Copy-holders
.
Now
let
us
see
of
Copy-hold
,
which
is
the
22
Article
of
the
Charge
,
and
first
,
what
interest
a
Copy-holder
hath
by
the
Law
,
and
what
by
the
custome
.
TRespasse
by
Tenant
by
Copy
,
it
doth
not
lie
against
his
Lord
for
his
Copy-hold
.
Besides
Danby
and
Bryan
,
21
Ed.
4.
But
he
shall
have
a
Subpena
against
his
Lord
,
and
not
a
trespasse
.
7
Ed.
4.
fol.
19.
And
at
ths
day
it
is
held
that
a
trespasse
lies
.
Tenant
for
life
by
Copy
,
shall
say
in
his
pleading
,
that
he
is
seised
in
his
demesne
as
of
a
freehold
,
according
to
the
custome
of
the
Mannour
,
and
if
he
hath
fee
,
that
he
is
seised
in
his
demesne
as
of
fee
,
according
to
the
custome
of
the
Mannor
,
and
justifie
not
that
they
have
no
freehold
at
the
common
Law
,
but
by
the
custome
;
so
that
Copy-holder
hath
fee
and
freehold
by
the
custome
,
and
not
by
the
common
Law
,
as
it
seems
by
this
book
.
21
Ed.
4.
fo.
96.
Trespasse
against
the
tenant
by
Copy
,
hath
aid
of
his
Lord
,
15
H.
7.
fol.
10.
and
21
H.
6.
the
same
.
Copy-holder
may
have
trespasse
against
one
of
trees
cut
,
though
that
the
Freehold
be
in
the
Lord
.
So
by
this
it
seems
,
that
he
may
have
trespasse
against
every
one
for
trespasse
made
upon
the
Land
,
but
against
the
Lord
,
2
H.
4.
fol.
13.
The
Dean
of
Pauls
hath
a
Lordship
of
Ploughers
,
and
all
the
tenants
are
tenants
at
will
,
and
the
freehold
is
in
the
Lord
;
and
there
i●
appears
,
that
a
Copy-holder
may
have
a
trespasse
at
the
Common
Law
,
against
one
which
makes
a
trespasse
upon
his
land
,
but
he
cannot
sue
action
at
the
Common
Law
for
the
land
,
nor
remove
that
suit
out
of
the
Court
of
the
Lord
,
1
H.
5.
fol.
11.
The
Lord
shall
have
the
wood
of
the
Copy-hold
,
and
sell
it
,
unlesse
the
Copy-holder
have
that
by
custome
,
as
in
many
Mannors
he
hath
,
2
H.
4.
fol.
13.
and
43
Ed.
3.
f.
32.
Tenant
by
Copy
at
will
,
which
is
called
tenant
of
base
tenure
,
if
he
be
outed
,
shall
not
have
a
Right
close
,
but
sue
by
Bill
in
the
Court
of
the
Lord
,
and
in
times
past
a
Copy-holder
was
called
a
tenant
in
villenage
,
or
of
base
tenure
.
Fitzh
.
f.
12.
B.
Tenant
by
Copy
or
by
verge
at
will
of
base
tenure
,
shall
never
have
a
(
Monstraverunt
,
)
But
the
Copy-holder
in
ancient
demesne
of
freehold
shall
have
it
,
Fitzh
.
14.
D.
If
my
copy-holder
enfeoff
one
,
I
may
enter
for
forfeiture
,
11
H.
4.
f.
81.
Tenant
by
copy
cannot
alien
his
land
by
a
deed
,
for
if
he
do
,
it
is
forfeit
,
Littleton
f.
15.
If
a
man
lets
a
Mannor
for
years
,
in
which
there
are
copy
holders
,
and
after
a
copy-holder
dies
,
surrender
and
admittance
by
the
Lord
the
termor
in
Court
of
that
Mannour
,
is
as
well
as
if
he
had
the
fee
simple
,
4
Mar.
tit
.
Copy
,
Br.
1.7
.
Copy-holders
shall
not
have
false
Iudgement
,
for
then
they
shal
be
restored
to
the
freehold
,
or
shal
not
lofe
the
free-hold
,
but
ought
to
sue
by
Bill
,
that
is
to
say
,
by
Plaint
in
Court
,
7
Ed.
4.
f.
19.
the
same
Littleton
,
f.
16.
They
shall
not
be
impleaded
by
the
Kings
Writ
,
but
by
Plaint
in
the
Lords
Court
in
nature
of
what
t●●
Writ
will
,
Nat.
Brevium
fol.
16.
Coppy-holders
have
an
Estate
of
Inheritance
according
to
the
custome
of
the
Mannors
,
yet
they
have
no
Free-hold
by
the
course
of
the
Common
Law
,
Littleton
fol.
16.
Tenant
by
Copy
shall
make
scalty
to
his
Lord
and
Tenant
at
will
by
the
Common
Law
,
Lit.
fol.
17.
It
is
said
,
though
Coppy-holders
have
Inheritance
according
to
the
custome
,
yet
they
have
but
an
Estate
at
the
will
of
the
Lord
,
according
to
the
course
of
the
Common
Law
,
and
cannot
have
Frespasse
against
their
Lord
;
yet
they
may
bar
their
Lord
in
trespass
brought
by
the
Lord
against
his
Coppy-holder
,
as
it
appears
,
lit
.
f.
15.
and
16.
Tenant
by
the
Verge
in
ancient
Demesne
.
LAnds
hold
by
the
Verge
,
are
not
pleadable
by
the
Kings
Writ
but
by
Bill
,
for
that
,
that
the
Free-hold
is
in
the
Lord
,
but
there
is
a
diversity
between
plow-holders
of
frank
tenure
,
and
Plow-holders
of
base
tenure
,
which
are
dwelling
in
ancient
Demesne
,
for
Plow-holders
of
Free-hold
are
pleadeable
by
a
Writ
of
Right
close
,
but
Plow-holders
of
base
tenure
are
those
which
hold
by
Verge
at
the
Will
of
the
Lord
,
and
the
Free-hold
is
in
the
Lord
,
and
are
not
pleadable
by
a
Writ
of
Right
close
,
14
H.
4.
fol.
1.
and
34
Fitzh
.
fol.
14.
C.
Tenant
by
coppy
which
holds
by
the
Verge
in
ancient
Demesne
,
commits
Felony
and
was
attaint
,
the
King
(
hath
yeare
,
day
,
and
waste
)
for
that
,
that
the
Free-hold
was
in
the
Tenant
in
ancient
Demesne
,
and
yet
they
have
no
other
evidence
then
copies
of
Court
Roll
,
otherwise
it
is
of
meere
Coppy-holders
which
are
out
of
ancient
Demesne
,
for
the
Free-hold
is
in
the
Lord
,
I
have
seen
in
the
County
of
North
:
Coppy-holders
of
frank
tenure
out
of
ancient
Demesne
,
and
have
used
a
Writ
of
right
close
,
and
have
no
other
Evidences
but
by
coppies
,
according
to
the
custome
of
the
Mannor
,
but
their
Coppies
are
not
at
the
will
of
the
Lord
,
3
Ed.
3.
Tit.
Br.
22.
Stamford
fol.
50.
Fitzh
.
11.
Coppy-holder
of
a
base
tenure
shall
not
have
a
Writ
of
Right
close
,
but
ought
to
sue
by
Bill
in
the
Lords
Court
.
Nat.
Bre
:
11.
Right
close
lieth
alwaies
between
ploughholder
and
no
plow-holders
may
implead
another
plow-holder
of
Lands
within
ancient
Demesne
,
unless
by
this
Writ
,
and
shall
make
his
protestation
to
sue
in
nature
of
what
Writ
he
will
.
Britton
fol
,
16●
:
Calls
Tenants
in
ancient
Demosne
Plow-holders
,
and
saith
,
that
Plow-holders
are
such
which
gain
our
Land
.
Fitzh
.
14.
D.
Those
Tenants
in
ancient
:
Demesne
which
hold
by
the
Verge
by
Coppy
at
the
will
of
the
Lord
shall
not
have
(
Monstraverunt
)
against
their
Lord
.
Where
a
Coppy-holder
enters
,
and
dies
before
be
was
admitted
Tenant
.
IT
was
held
in
the
case
of
one
Horewood
,
that
where
a
Coppy-holder
hath
a
Daughter
by
one
Belly
,
and
a
Son
and
a
Daughter
by
another
,
and
dies
,
and
after
the
Son
enters
and
dies
before
admittance
,
that
the
Daughter
of
the
second
Belly
shal
have
the
Land
,
for
it
is
(
a
possession
of
the
Brother
)
and
so
it
was
adjudged
in
the
case
of
one
Stegnes
.
These
Cases
following
I
heard
agreed
for
Law
.
IF
Tenant
by
Coppy
surrender
generally
into
the
hands
of
the
Lord
,
and
it
do
not
appeare
who
shall
have
the
Land
,
nor
to
what
use
the
surrender
is
,
then
the
Lord
shall
be
seised
to
his
own
use
.
If
Tenants
by
Coppy
let
for
yeares
by
license
of
the
Lord
,
and
after
release
to
the
Lessee
by
these
words
in
the
Court
(
remise
and
release
)
it
is
void
,
for
that
it
ought
to
be
surrendred
into
the
hands
of
the
Lord
,
and
then
the
Lord
ought
to
grant
the
Reversion
to
the
Lessee
;
for
by
Littleton
fol.
15.
It
cannot
passe
without
surrender
,
and
yet
a
Release
is
used
of
Coppy-hold
in
the
Court
in
presence
of
the
Steward
.
If
the
Lord
grant
parcell
of
his
Demesne
Lands
,
to
hold
by
Coppy
,
to
one
and
his
Heires
,
this
Coppy
is
not
good
,
but
at
the
will
of
the
Lessor
,
for
one
cannot
make
Coppy-hold
at
this
day
,
but
that
shall
be
by
prescription
,
which
hath
been
demised
and
demisable
by
Coppy
,
time
out
of
minde
,
&c.
But
if
a
Coppy-hold
escheate
to
the
Lord
,
or
he
enter
in
that
by
forfeiture
,
and
at
this
day
grant
that
over
to
J.S.
by
Coppy
,
this
is
good
Coppy
,
and
yet
,
in
13
H.
4.
fol.
7.
If
Lands
in
ancient
Demesne
are
escheated
,
and
the
King
seiseth
them
,
and
grants
them
over
to
J.
S.
they
are
frank
fee
and
not
ancient
Demesne
.
6
H.
4.
fol.
2.
But
if
a
Coppy-hold
shall
be
escheated
to
the
Lord
,
and
twenty
yeares
after
that
,
he
grants
them
over
by
Copy
againe
,
they
are
Copy-hold
as
they
were
before
,
for
that
,
that
this
Land
hath
been
demised
and
demisable
,
time
out
of
minde
,
&c.
If
two
be
Joyntenants
by
Copy
,
and
one
of
them
makes
waste
in
all
the
Land
,
that
shall
not
be
forfeiture
,
but
for
his
part
,
and
also
if
a
stranger
cuts
Trees
and
makes
waste
without
assent
of
the
Coppy-holder
,
it
is
no
forfeiture
.
If
the
Lord
of
a
Mannor
,
to
which
there
are
Coppy-holders
grant
by
Copy
the
tenements
of
one
tenant
Coppy-holder
without
just
cause
,
to
another
Tenant
in
Fee
or
for
life
,
and
the
Grantee
enter
by
vertue
of
that
grant
,
this
Tenant
which
hath
right
,
and
which
was
admitted
before
,
may
have
a
plaint
in
nature
of
an
Assise
of
novel
disseisin
against
the
Grantee
.
If
the
Husband
surrender
into
the
hands
of
the
Lord
,
to
the
use
of
his
Wife
,
and
doth
not
say
A.
his
Wife
,
it
is
a
good
surrender
,
for
she
is
certainly
known
by
that
name
;
the
same
Law
is
,
if
one
surrender
into
the
hands
of
the
Lord
to
the
use
of
J.
his
Son
,
and
hath
two
Sons
named
J.
it
is
to
the
use
of
that
J.
which
it
is
ment
to
.
If
Tenant
by
Copy
surrender
his
Lands
by
custome
of
the
Mannour
,
to
two
good
men
out
of
the
Court
,
to
the
use
of
a
stranger
,
and
that
made
for
Money
paid
,
he
which
surrendred
cannot
countermand
his
surrender
before
the
two
good
men
have
presented
it
at
the
next
Court
,
for
it
is
much
like
acknowledging
of
a
Fine
before
a
Justice
of
Record
,
but
where
the
surrender
is
to
two
,
to
the
use
of
his
Wife
or
Son
,
and
not
to
a
stranger
for
Money
paid
,
by
one
lying
in
extreamity
in
perill
of
death
,
and
after
he
revives
,
he
may
well
countermand
his
Surrender
,
before
it
be
presented
in
Court
,
or
after
,
if
it
be
not
by
that
admitted
afterwards
,
and
that
is
often
used
,
and
stands
with
reason
,
and
so
is
the
Law
as
it
seems
to
me
.
If
Tenant
by
Copy
of
Court-roll
be
attaint
of
Felony
or
Treason
,
the
Lord
of
the
Mannour
may
enter
,
for
Tenant
by
Copy
is
but
Tenant
at
will
,
according
to
the
Common
Law
,
though
he
hath
Inheritance
by
the
custome
.
If
a
Copy-holder
surrender
into
the
hands
of
the
Lord
,
to
the
use
of
another
and
his
Heires
,
if
the
Lord
will
not
admit
him
Tenant
,
then
the
Land
shall
remaine
in
him
which
made
the
surrender
,
and
yet
he
to
whose
use
it
was
made
,
may
sue
by
a
petition
,
or
by
a
Subpena
to
be
admitted
.
If
one
which
hath
no
right
,
and
was
not
admitted
,
surrender
to
the
use
of
another
,
and
he
to
whose
use
the
surrender
is
made
,
enters
into
the
Land
and
is
admitted
,
yet
he
which
hath
right
may
re-enter
and
out
him
,
notwithstanding
the
Grant
of
the
Lord
.
But
it
seems
if
a
Coppy-hold
descends
to
J.S.
and
he
,
before
that
he
is
admitted
Tenant
,
surrender
that
to
the
use
of
J.
D.
and
the
Lord
by
his
Steward
in
Court
grant
Seisin
and
admits
him
Tenant
,
it
is
said
to
be
a
good
surrender
,
and
J.
D.
shall
injoy
the
Land
against
J.
S.
and
his
Heires
:
Seeke
,
for
in
the
case
against
Roo
,
the
Issue
was
,
if
he
were
admitted
according
to
the
custome
of
the
Mannor
or
not
,
J.
S.
J.
S.
cannot
surrender
before
he
be
admitted
.
The
Lord
of
the
Mannour
(
where
the
custome
is
that
the
Tenants
hold
by
Copy
)
is
Chancellour
within
the
same
Court
,
If
an
under
Steward
hold
a
Court-Baron
without
authority
of
the
Lord
or
high
Steward
,
And
if
one
holds
but
one
Court
by
appointment
of
the
Lord
,
where
another
hath
a
Patent
to
be
Steward
,
and
is
absent
,
surrender
taken
and
entred
in
this
Court
is
good
,
and
also
is
admittance
,
2
Ed.
6.
Tit.
26.
Note
that
the
high
Stewards
are
for
most
part
men
of
honor
,
J.
S.
make
a
command
to
the
Bailiff
,
to
warne
the
Court
to
be
held
such
a
day
,
and
it
is
warned
,
and
J.S.
keeps
the
Court
and
is
not
contradicted
by
the
Lord
,
surrender
taken
by
this
J.
S.
out
of
the
Court
,
and
presented
and
entred
in
this
Court
,
is
good
,
though
that
J.S.
have
no
Patent
of
his
Office
,
for
it
is
not
without
authority
,
for
if
he
cannot
keep
Court
without
a
Patent
,
then
to
every
Court
it
behoveth
the
Steward
should
shew
his
Patent
,
which
is
not
used
,
and
was
never
in
Issue
,
whether
the
Steward
had
a
Patent
or
not
,
nor
if
J.
S.
be
Steward
or
not
,
and
specially
if
he
keep
the
Court
warned
by
his
command
by
diverse
daies
,
before
the
Court
kept
,
or
if
the
Lord
agree
that
he
shall
keep
the
Court
,
and
it
is
inconvenient
that
for
defect
in
the
Steward
which
takes
surrender
out
of
the
Court
,
and
enters
it
in
the
Court
by
the
allowance
of
the
Homage
,
but
that
it
should
be
good
,
otherwise
one
may
say
thirty
or
forty
years
after
,
that
the
Steward
had
no
Patent
of
his
Office
,
which
is
inconvenient
,
and
ought
not
to
be
.
Where
the
Steward
of
the
Bishop
of
London
of
his
Mannor
of
Hornesey
,
hath
a
Patent
of
his
Office
with
confirmation
of
the
Dean
and
Chapter
by
the
name
of
Aldred
Fitziames
,
where
his
name
was
Etheldred
,
surrenders
taken
by
him
out
of
the
Court
,
and
at
the
next
Court
are
entred
,
it
is
found
by
the
Homage
that
such
surrender
was
made
,
&c.
and
at
the
same
Court
the
Tenant
is
admitted
accordingly
,
and
though
that
his
Patent
in
time
of
the
Succesfor
after
in
Assise
against
him
be
defeated
by
mis-naming
or
by
other
cause
,
yet
the
Surrenders
taken
by
Aldred
Fitzjames
(
during
all
the
time
of
twenty
yeares
before
his
Patent
was
defeated
)
are
good
and
perfect
,
for
that
,
that
the
surrender
was
,
it
is
found
by
the
Homage
,
and
also
for
that
he
was
the
known
Steward
,
and
also
for
that
he
is
Judge
,
33
H.
8.
Br.
Charge
58.
Confirm
.
30.
The
same
Law
seems
in
the
same
case
,
if
the
entry
were
it
is
witnessed
by
the
Steward
or
at
this
Court
it
is
inrolled
,
so
,
that
is
to
say
,
that
J.S.
came
before
the
Steward
(
the
Court
being
absent
)
and
surrendred
,
&c.
and
in
full
Court
the
admittance
is
accordingly
,
this
is
a
good
surrender
,
though
it
be
not
entred
,
it
is
found
by
the
Homage
,
&c.
for
the
entry
of
admittance
is
.
The
Lord
by
A.
Fitziames
Steward
gave
him
Seisin
thereof
,
and
it
is
that
the
Lord
by
his
Steward
admitted
him
,
and
for
that
it
is
good
,
insomuch
that
to
that
is
the
assent
and
grant
of
him
which
surrendred
,
and
also
of
the
Lord
.
The
same
Law
if
the
high
Steward
to
J.S.
which
hath
no
Patent
in
writting
of
his
Office
,
takes
a
Surrender
out
of
the
Court
,
and
at
the
next
Court
enters
that
,
at
the
next
Court
it
is
inrolled
,
so
that
J.
S.
came
before
the
Steward
(
the
Court
being
absent
)
and
surrendred
,
&c.
And
he
to
whose
use
the
surrender
was
made
be
admitted
in
full
Court
,
this
is
a
good
surrender
.
The
same
Law
is
like
,
if
J.
D.
be
Steward
to
a
corporation
without
a
Patent
of
his
Office
,
and
takes
surrender
as
above
,
out
of
the
Court
and
at
the
next
Court
enters
it
,
at
this
Court
inrolled
,
so
that
J.D.
such
a
day
came
before
J.
D.
Steward
and
surrendred
,
&c.
And
he
to
whose
use
the
surrender
is
made
is
admitted
in
full
Court
,
this
is
a
good
surrender
,
for
that
,
that
the
Steward
doth
in
a
Court
of
copy-hold
,
he
doth
it
as
Judge
and
is
allowed
Judge
by
the
Lord
.
The
same
Law
is
,
if
the
Steward
which
is
out-Lawed
in
a
personall
action
or
excommunicated
,
take
a
surrender
out
of
the
Court
,
and
at
the
next
Court
enter
it
,
it
is
witnessed
by
the
Steward
,
and
such
a
surrender
is
made
,
and
admits
him
to
whose
use
the
surrender
was
made
in
full
Court
,
though
it
was
not
found
by
the
Homage
,
yet
this
surrender
is
good
.
If
a
Judge
or
a
Justice
be
out
of
his
Wits
,
yet
the
Fines
,
Judgments
,
and
other
records
which
were
before
him
shall
be
good
,
but
contrary
the
gift
of
an
Office
,
or
such
like
by
him
,
for
that
is
a
matter
indeed
,
and
the
others
are
matters
of
Record
,
for
a
matter
in
deed
may
be
avoyded
(
by
being
out
of
his
Wits
)
contrary
of
matter
of
Record
,
1
Ma.
Tit.
whilest
he
was
not
in
his
Wits
7.
The
same
Law
is
,
if
the
under
Steward
takes
a
surrender
out
of
the
Court
,
and
at
the
next
Court
makes
his
entry
of
it
,
at
this
Court
it
is
witnessed
that
J.
D.
surrendred
,
and
in
full
Court
he
to
whose
use
the
surrender
is
made
,
is
admitted
,
this
is
a
good
surrender
,
though
it
be
not
also
(
it
is
found
by
the
Homage
)
for
when
he
holds
Court
,
he
is
a
Judge
between
the
Lord
and
the
copy-holders
,
and
yet
,
2
Ed.
6.
Br.
Court-Baron
22.
and
copy-hold
the
26.
is
,
if
the
under
Steward
holds
a
Court-Baron
,
and
in
full
Court
grants
copy-hold
without
the
authority
of
the
Lord
or
high
steward
,
this
is
good
,
contrary
Law
where
it
is
done
out
of
the
Court
,
for
it
seems
if
the
under
Steward
grants
copy-holds
,
it
is
intended
that
if
he
admits
any
out
of
the
Court
without
authority
,
it
is
not
good
,
for
it
is
,
the
Lord
granted
by
his
Steward
,
and
not
that
the
Steward
granted
,
for
he
cannot
grant
.
And
also
the
high
Steward
may
admit
out
of
the
Court
,
by
speciall
usage
and
custome
within
the
Mannor
used
,
for
one
which
holds
by
copy
of
Court
roll
,
ought
to
have
his
Estate
entred
in
the
Court
held
,
and
his
admittance
to
be
entred
in
the
Court
,
and
for
that
if
the
under
Steward
or
the
high
Steward
which
hath
no
Patent
,
as
above
,
take
surrender
out
of
the
Court
,
and
present
that
in
Court
,
and
the
Tenant
be
in
the
Court
admitted
,
it
is
good
,
for
it
is
the
Lord
by
his
Steward
hath
admitted
,
and
the
admittance
makes
him
a
copy-holder
and
the
Entry
of
that
in
Court
makes
him
Tenant
by
copy
of
Court
roll
,
for
copy-holder
is
he
which
holdeth
by
copy
of
Court
roll
,
so
where
one
admitted
in
Court
and
the
Lord
allowes
a
Steward
,
is
good
.
If
a
copy-holder
of
an
Estate
in
fee
,
according
to
the
custome
of
the
Mannour
,
by
license
of
his
Lord
let
for
twenty
yeares
rendring
forty
shillings
yearly
,
he
may
have
an
action
of
Debt
in
the
common
place
for
this
Rent
,
or
as
it
seems
he
may
distraine
and
avow
,
and
yet
the
avowrie
is
in
the
nature
of
an
action
reall
,
and
it
seems
no
doubt
if
the
Rent
be
reserved
by
Deed
Indent
,
but
that
he
may
distraine
and
avow
,
and
yet
if
(
he
to
whose
use
)
before
the
Statute
of
27
H.
8.
lets
by
Indenture
for
yeares
,
rendring
Rent
,
he
to
whose
use
shall
have
Debt
for
that
Rent
,
but
he
cannot
avow
,
and
if
the
Lessee
in
this
case
make
waste
,
he
to
whose
use
,
shall
not
have
an
action
of
wast
,
26
H.
8.
f.
8.
The
same
Law
is
,
where
a
copy-holder
by
the
custome
of
the
Mannour
is
not
punishable
for
waste
,
by
license
of
the
Lord
makes
a
Lease
for
thirty
yeares
,
and
the
Lessee
makes
waste
,
the
copy-holder
shall
not
have
a
Writ
of
waste
but
shall
sue
in
the
Lords
Court
,
to
punish
this
waste
by
plaint
,
in
nature
of
an
action
upon
the
case
.
If
a
coppy-holder
of
an
Estate
taile
by
license
of
his
Lord
let
for
twenty
yeares
,
rendring
the
ancient
Rent
,
and
dies
,
the
Issue
in
taile
may
enter
and
defeat
the
Lessee
,
but
if
the
Tenant
in
taile
of
coppy-hold
let
for
forty
years
by
the
Lords
license
,
and
after
the
Lease
makes
a
forfeiture
of
his
coppy-hold
,
and
the
Lord
seises
it
,
and
grants
that
over
again
by
copy
to
the
Tenant
in
taile
and
his
Heires
,
or
to
J.
S.
and
his
Heires
,
it
seems
there
the
Issue
of
the
Lessor
,
nor
J.
S.
nor
the
Lord
cannot
enter
and
defeat
this
lease
.
The
same
Law
is
,
if
a
coppy-holder
of
an
Estate
taile
lets
for
forty
yeares
by
the
Lords
license
and
dies
,
and
his
Issue
surrenders
to
J.
S.
and
his
Heires
,
this
Issue
nor
J.
S.
cannot
enter
and
defeat
this
Lease
.
To
this
Court
came
T.
R.
and
did
demand
license
of
the
Lord
to
demise
all
and
singular
his
customary
Lands
and
Tenements
,
scituate
,
lying
,
and
being
within
his
Lordship
,
to
what
person
or
persons
the
said
T.
R.
pleased
,
to
the
tearm
and
for
the
tearm
of
21.
yeares
next
following
the
date
of
this
Court
,
to
which
T.
R.
the
Lord
gave
license
in
form
aforesaid
,
for
the
Fine
often
shillings
paid
in
the
Court
,
at
the
view
of
the
Lord
of
this
Mannor
.
And
it
is
used
that
the
Steward
in
ful
Court
,
licenses
a
copy-holder
to
lease
a
copy-hold
for
20.
or
40.
years
,
more
or
lesse
,
at
their
pleasure
,
in
the
absence
of
the
Lord
,
and
this
seems
good
,
for
he
is
Judge
in
the
Court
,
and
when
he
makes
it
and
enters
it
in
the
Court
roll
,
the
Lord
cannot
enter
for
forfeiture
,
because
of
this
lease
,
for
when
the
Steward
hath
entred
it
,
that
at
this
Court
T.
R.
craved
license
of
the
Lord
to
let
,
&c.
to
whom
the
Lord
gave
license
,
&c.
the
Lord
is
estopped
to
say
the
contrary
,
but
that
he
gave
license
,
the
same
Law
is
,
where
a
coppy-holder
is
admitted
in
Court
and
is
entred
in
the
roll
,
to
whom
the
Lord
by
such
a
one
his
Steward
,
granted
him
Seisin
,
the
Lord
cannot
afterwards
gainsay
this
admittance
,
and
this
is
to
be
collected
of
the
case
aforesaid
,
in
2
Ed.
Brok.
Court-Baron
22.
If
a
man
lets
a
Mannor
for
yeares
,
in
which
are
copy-holders
,
and
after
a
copy-holder
dies
,
the
Termor
of
the
Mannour
grants
the
Land
by
copy
for
three
lives
,
this
is
good
,
the
same
Law
is
if
a
Copy-holder
of
Inheritance
surrender
in
the
Court
of
the
Termor
of
a
Mannour
,
to
the
use
of
one
and
his
Heires
,
it
is
good
,
so
that
the
Lord
for
the
time
being
may
take
surrender
in
his
Court
,
but
in
the
first
case
,
such
a
Termor
of
a
Mannor
cannot
let
a
Copy-hold
reserving
lesse
Rent
then
the
ancient
Rent
,
but
ought
to
reserve
the
ancient
Rent
or
more
,
4.
M.
1.
But
it
seems
if
a
Disseisor
of
a
Mannour
be
,
and
the
Disseisor
seises
a
Copy-hold
by
forfeiture
,
or
Escheate
,
and
grants
that
over
by
Copy
to
a
stranger
,
and
the
Disseisee
enter
in
the
Mannor
,
this
surrender
shall
not
binde
the
Disseisee
,
and
yet
if
a
Copy-holder
of
Inheritance
furrender
in
the
Court
of
the
Disseisor
to
the
use
of
J.
S.
and
his
Heires
,
this
is
a
good
furrender
,
and
shall
not
be
avoided
by
the
Disseisees
,
nor
otherwise
by
him
which
surrender
,
nor
by
his
Heire
.
In
pleading
of
a
copy
is
,
that
the
Lord
by
such
a
one
his
Steward
did
demise
,
and
not
that
the
Lord
did
demise
,
and
also
that
a
Woman
be
alone
,
and
privately
examined
by
the
Steward
,
and
it
behoveth
in
pleading
,
to
say
by
such
a
Steward
,
and
name
the
name
of
the
Steward
,
and
for
that
it
is
good
order
to
expresse
in
the
copy
and
the
Court-roll
that
to
this
Court
came
J.
S.
and
Alice
his
Wife
(
she
alone
and
privately
being
examined
by
J.
K.
the
Steward
)
there
,
and
to
set
the
name
of
the
Steward
to
every
copy
,
and
also
to
every
Court-roll
,
for
pleading
in
divers
cases
,
〈◊〉
the
Lord
by
J.
K.
his
Steward
,
granted
him
Seisin
by
a
Rod
,
&c.
8
H.
5.
fol.
4.
and
10
Ed.
4.
f.
6.
Limitation
.
THE
Statute
of
32
H.
8.
chap.
2.
extends
to
copy-holds
,
for
the
Statute
is
,
that
none
shall
make
prescription
,
Title
,
nor
claim
,
&c.
above
forty
yeares
,
&c.
and
that
doth
a
copy-holder
,
and
for
that
is
within
the
Statute
,
6
Ed
6.
Brook
Limitation
2.
38
H.
8.
chap.
1.
Copy-holder
which
is
Tenant
in
common
,
is
not
compellable
by
this
Statute
to
make
partition
,
for
the
Statute
gives
remedy
for
one
Tenant
in
common
against
another
,
by
a
Writ
of
(
making
partition
)
and
it
seems
that
a
Copy-holder
is
not
within
the
Statute
of
,
27
H.
8.
chap.
10.
of
Joynture
of
Women
,
for
that
Statute
bars
Women
which
have
Joyntures
before
Marriage
to
have
Dower
,
that
is
of
Lands
given
in
Dower
by
the
Law
,
and
not
by
custome
.
Where
a
copy-holder
by
the
custome
may
surrender
his
Land
out
of
the
Court
,
into
the
hands
of
the
Lord
by
the
hands
of
two
copy-holders
,
or
one
to
the
use
of
J.S.
and
a
copy-holder
so
makes
surrender
to
two
and
one
dies
,
or
both
dye
,
before
the
next
Court
,
and
yet
Homage
findes
it
,
this
is
good
surrender
,
and
J.
S.
shall
be
admitted
.
Tenant
by
copy
of
Lands
of
the
nature
of
Gavell-kinde
hath
Issue
two
Sons
,
his
eldest
Son
hath
Issue
a
Son
and
dies
seised
,
this
Land
shall
descend
to
the
youngest
Son
and
to
his
Nephew
,
the
same
Law
is
if
the
Son
have
Issue
a
Daughter
and
dies
seised
,
this
Daughter
and
the
youngest
Son
shall
have
this
Land
by
discent
,
and
yet
the
Statute
of
Prerog
.
Regis
,
chap.
16.
is
,
that
Women
shall
not
share
with
Men.
Tenant
by
copy
surrenders
to
the
use
of
one
for
life
,
the
remainder
to
the
use
of
one
most
neere
in
blood
,
and
hath
Issue
two
Sons
,
the
eldest
hath
Issue
and
dies
,
the
Tenant
for
life
dies
,
the
youngest
Brother
shal
have
the
Land
and
not
the
Issue
of
the
eldest
Brother
,
for
the
youngest
Brother
is
more
neere
of
blood
to
his
Father
,
then
is
the
●on
of
his
eldest
Son
,
by
wich
,
30
Ass.
47.
but
the
youngest
Son
is
not
next
Heire
.
Where
the
copy-hold
is
of
the
nature
of
Borrough
English
,
and
this
copy-holder
having
three
Sons
surrenders
this
to
the
use
of
his
youngest
Son
in
taile
,
the
remainder
to
the
use
of
the
Heires
of
the
Body
of
the
Father
ingendred
,
and
for
default
of
such
Issue
to
the
use
of
the
right
Heirs
of
the
Father
,
and
the
youngest
Son
dies
without
Issue
of
his
Body
,
it
is
said
that
the
eldest
Brother
shall
have
this
as
Purchasor
.
Two
Joyntenants
of
one
copy-hold
are
,
and
one
surrenders
his
part
to
his
companion
for
life
,
this
is
a
severance
of
the
Joynture
,
Lit
f.
56.
Where
the
custome
of
a
Mannour
is
,
that
the
youngest
Son
shall
inherit
by
discent
the
copy-hold
,
and
A.
being
a
Villaine
,
purchase
copy-hold
there
,
and
the
Lord
seises
them
,
and
grants
them
out
of
his
hands
by
copy
,
the
y●●ngest
Son
of
the
Grantee
shall
have
this
by
discent
.
If
the
tenant
by
copy
of
Court-roll
hath
paid
to
his
Lord
more
Rent
then
he
ought
,
and
the
Lord
of
that
Surplusage
of
Rent
was
seised
by
the
hands
of
his
tenant
,
yet
the
tenant
shall
avoid
that
in
Avowry
,
for
he
is
but
tenant
at
will
by
the
course
of
the
common
Law
,
otherwise
it
is
of
very
tenant
of
charter
land
.
Where
a
copy-holder
in
Fee
surrenders
into
the
hands
of
the
Lord
to
the
use
of
J.
S.
without
more
,
all
is
in
the
hands
of
the
Lord
;
and
the
Steward
admits
J.
S.
to
have
and
to
hold
to
him
and
his
heirs
,
yet
J.
S.
hath
an
Estate
in
Fee
,
and
yet
the
admittance
is
but
allowance
of
J.
S.
to
be
tenant
of
such
Estate
which
is
surrendred
;
but
the
use
is
in
most
courts
to
enter
,
that
it
was
surrendred
to
the
use
of
J.
S.
without
more
,
and
the
Steward
enters
,
that
the
Lord
hath
granted
to
him
Seisin
,
to
have
to
him
and
his
heirs
,
and
taken
good
:
but
it
is
better
when
one
surrenders
into
the
hands
of
the
Lord
,
to
say
and
enter
,
to
the
use
and
behoof
of
J.
S.
for
life
,
or
to
the
use
and
behoof
of
J.
S.
and
his
heirs
:
so
that
by
(
to
the
use
and
behoof
)
the
Estate
is
limited
,
that
J.
S.
shall
have
it
,
and
that
makes
the
admittance
accordingly
to
be
good
without
doubt
,
and
yet
the
other
is
good
,
for
by
the
surrender
,
all
the
interest
is
in
the
Lord
.
If
the
Homagers
gives
false
Verdict
in
the
court
of
copy-hold
,
the
party
shall
not
be
bound
,
but
he
shall
traverse
that
:
but
if
such
a
Verdict
be
found
for
the
Lord
,
though
the
Verdict
be
false
,
yet
the
party
cannot
traverse
that
there
,
but
is
put
to
his
Petition
,
touching
his
land
,
or
to
sue
in
the
Chancery
;
for
if
the
Verdict
finde
false
,
that
waste
was
made
in
the
Tenements
of
the
Grand-father
,
the
Son
of
the
Father
shall
loose
after
his
land
,
for
that
it
is
a
forfeiture
which
runs
with
the
land
;
but
seek
,
for
it
is
made
by
the
person
of
the
Father
,
and
the
Son
hath
no
remedy
if
the
Verdict
be
true
,
but
if
the
Verdict
be
false
,
then
his
remedy
is
by
Petition
,
and
by
no
other
remedy
in
this
Court
.
If
Tenant
by
copy
makes
a
Lease
for
years
by
license
of
the
Lord
,
and
after
in
the
same
Court
the
Tenant
will
release
to
his
Lessee
by
such
words
(
to
remise
and
release
)
such
release
seems
void
,
for
that
that
it
ought
to
be
a
Surrender
into
the
hands
of
the
Lord
,
&c.
as
he
hath
surrendred
and
released
,
&c.
Use
may
be
of
Copy-holds
,
as
well
as
of
Free-hold
,
but
the
Statute
of
27
H.
8.
for
uniting
the
possession
to
the
use
,
doth
not
extend
to
such
tenures
:
Nor
(
he
to
whose
use
)
cannot
forfeit
the
Land
by
cutting
Trees
,
if
it
were
not
by
the
consent
and
commandement
of
the
Copy-holder
.
If
the
Lord
let
severall
Copies
for
one
intire
Rent
and
service
,
and
the
Tenant
makes
waste
in
any
parcell
of
them
,
and
that
be
presented
in
his
Court
,
he
shall
seise
all
the
Copy
as
it
was
intirely
let
.
A
Rent
of
a
Copy-holder
may
be
apportioned
,
as
well
as
another
Rent
.
Tenant
by
copy
of
Court-Roll
in
the
Court
(
sold
and
bargained
)
his
copy-hold
to
J.
S.
and
his
heires
,
J.
S.
was
admitted
,
to
have
to
him
and
his
heires
according
to
the
custome
;
this
is
not
good
,
for
that
it
wants
this
word
(
Surrendred
.
)
Tenant
in
taile
by
copy
,
the
remainder
over
to
I.
S.
in
Fee
,
surrender
his
Lands
into
the
hands
of
two
Tenants
,
to
the
use
of
I.N.
and
his
heirs
,
and
dyes
before
that
be
presented
,
and
after
that
was
presented
,
and
I.
N.
admitted
,
this
is
not
good
,
but
contrary
Law
,
if
Tenant
in
Fee
had
made
that
surrender
,
and
dyed
as
above
:
Seek
.
By
the
custome
of
a
Mannor
,
some
Lands
are
copy-hold
for
three
lives
,
and
some
to
them
and
their
heires
,
and
the
Lord
grants
by
copy
that
which
was
for
three
lives
,
after
those
three
lives
ended
,
to
one
and
his
heires
,
this
is
not
good
;
but
the
custome
of
the
Mannor
is
good
,
though
there
be
severall
copy-holders
of
severall
customes
.
The
Lord
of
a
Mannor
within
which
are
copy-holders
,
and
the
Lord
grants
over
the
Demesnes
to
I.
S.
in
Fee
,
so
that
he
hath
no
Court
;
yet
it
is
said
,
that
the
copy-holders
may
surrender
as
before
they
did
:
And
that
the
Lord
by
his
Grant
cannot
destroy
their
surrender
,
and
Copies
.
The
Lord
may
avow
for
Rent
of
his
Copy-holder
before
admittance
,
where
it
descends
to
a
copy-holder
;
but
he
shall
not
be
sworn
of
the
Homage
before
admittance
.
If
the
custome
of
copy-hold
be
,
that
the
Lord
may
grant
for
three
lives
if
all
dye
,
and
then
when
the
land
is
come
into
the
hands
of
the
Lord
he
is
bound
in
a
Statute
,
and
after
he
grants
that
over
according
to
the
custome
,
this
Land
shall
not
be
extended
upon
the
Statute
.
And
if
a
copy-holder
be
bound
in
a
Statute
,
his
copy-hold
land
shall
not
be
extended
,
and
if
the
Lord
be
bound
in
a
Statute
,
the
land
of
the
copy-holder
shall
not
be
extended
.
If
an
Infant
be
a
Lord
,
and
admits
a
copy-holder
to
him
and
to
his
Heires
,
this
is
good
,
and
he
cannot
avoid
that
by
his
Infancy
,
for
he
is
but
an
instrument
to
convey
that
according
to
the
custome
,
and
departs
with
no
Estate
.
If
a
copy-holder
will
exchange
,
this
is
not
good
,
unlesse
there
be
a
surrender
and
admittance
.
If
a
Villaine
purchase
copy-hold
,
and
the
Lord
of
the
Villaine
enter
,
he
shall
not
have
possession
of
the
copy-hold
till
he
be
admitted
.
Copy-hold
shall
not
be
forfeit
by
attainder
of
Heresie
,
for
●he
blood
is
not
corrupted
,
for
the
Statute
of
,
5
H.
5.
is
not
to
be
intended
of
copy-hold
Lands
,
for
it
is
said
by
the
Statute
,
that
he
shall
forfeit
his
Lands
,
Tenements
,
and
Hereditaments
,
and
that
the
Lord
of
whom
the
Lands
are
held
shall
have
the
Lands
after
the
King
hath
(
yeare
day
and
waste
)
and
this
is
intended
of
free-hold
and
not
of
Copy-hold
,
but
if
a
Copy-holder
be
attaint
of
Treason
or
Felony
,
as
it
is
aforesaid
,
there
the
Lord
shall
have
the
Land
,
for
that
that
the
blood
is
corrupt
,
and
so
there
is
none
to
inherit
,
but
by
attainder
in
Heresie
is
no
corruption
of
blood
.
If
a
copy-hold
be
furrendred
to
my
use
simply
,
and
the
Lord
admit
me
upon
condition
,
this
condition
is
void
,
for
the
Lord
gives
nothing
,
but
is
an
instrument
to
convey
that
according
to
the
surrender
;
so
if
it
be
surrendred
to
me
for
life
and
the
Lord
admits
me
to
have
to
me
and
my
Heires
,
it
is
not
good
.
If
a
copy-holder
of
a
Mannour
takes
a
Lease
for
yeares
of
this
Mannour
,
seek
if
his
copy-hold
be
extinct
.
But
if
a
copy-holder
makes
a
Lease
of
his
copy-hold
to
his
Lord
,
this
was
held
no
extinguishment
of
his
copy
,
but
a
suspension
.
But
if
the
Lord
by
Indenture
make
a
lease
for
yeares
of
copy-hold
land
to
his
copy-holder
of
that
,
the
copy-hold
is
there
held
to
be
extinct
,
so
if
the
Lord
make
a
feoffment
to
his
copy-holder
of
all
his
Mannour
upon
condition
,
and
after
enter
for
the
condition
,
the
copy-hold
is
extinct
,
and
if
a
copy-holder
take
a
lease
for
years
of
the
Mannour
,
with
a
remainder
over
by
Indenture
,
this
extincts
the
Copy-hold
.
If
a
Disseisor
be
of
a
Mannor
,
whereof
there
are
copy-holders
for
three
lives
,
and
he
grant
copies
for
three
lives
,
and
after
the
Disseisee
re-enter
,
this
shall
avoid
the
grant
of
the
copies
by
the
Disseisor
.
But
if
the
Lord
of
that
Mannor
make
a
feoffment
in
fee
upon
condition
,
and
the
Feoffee
grants
copies
for
three
lives
,
and
after
the
Feoffor
enter
for
the
condition
broken
,
he
cannot
avoid
the
copies
.
If
Tenant
in
taile
or
in
fee
of
a
Mannour
will
grant
Lands
by
copy
,
which
were
no
copy-hold
Lands
before
,
and
that
hath
contiuned
by
divers
admittances
after
as
copy-hold
,
and
was
never
interrupted
at
any
time
by
the
Issue
in
taile
,
but
hath
been
allowed
for
him
,
so
that
,
that
hath
continued
by
sixty
or
eighty
yeares
,
this
is
very
good
,
and
shall
not
be
ever
after
avoided
,
but
if
it
may
be
shewed
to
have
been
an
Interruptation
,
then
it
is
otherwise
.
15
Eliz.
If
a
copy-holder
surrender
to
the
use
of
his
Wife
for
life
,
the
remainder
to
him
and
his
Heires
,
and
after
the
Husband
surrender
to
J.
D.
and
his
Heires
and
dies
,
the
Wife
may
enter
by
Dyer
and
Mounson
Justices
,
and
shall
hold
for
life
,
but
the
Heires
of
the
Husband
are
bound
;
otherwise
it
is
,
if
the
remainder
were
to
the
right
Heires
of
the
Husband
,
for
they
are
purchasors
of
this
remainder
,
and
may
enter
after
the
death
of
the
Wife
.
A
Copy-holder
hath
a
Son
and
a
Daughter
by
one
Belly
,
and
a
Son
by
another
Belly
,
and
surrenders
to
the
use
of
his
Wife
for
yeares
,
and
conveyes
after
her
death
the
remainder
to
his
Son
of
the
first
venter
,
his
Heires
and
Assignes
and
dies
,
the
Tenant
for
years
is
admitted
,
the
remainder
in
form
aforesaid
,
the
Son
of
the
first
Belly
dies
without
Issue
,
before
admittance
,
and
during
the
Tearme
:
and
Dyer
saith
,
that
the
possession
of
the
Wife
of
the
Termor
or
of
the
Guardion
is
a
sufficient
possession
to
make
(
a
Brothers
possession
.
)
16
Eliz.
Mounson
saith
,
Copy-holders
are
within
all
statutes
which
speake
of
Tenants
,
for
if
a
copy-holder
had
not
been
excepetd
in
the
Stat
of
dissolution
of
Monastries
,
the
King
had
had
them
,
which
Geffrey
and
Bendlowes
granted
.
The
Husband
by
surrender
discontinues
the
copy-hold
which
he
hath
in
right
of
his
Wife
,
the
Wife
is
put
to
her
(
Cui
in
vita
)
and
she
is
not
aided
by
the
Statute
of
,
32
H.
8.
24
Eliz.
A
copy-holder
surrenders
to
the
use
of
his
last
will
,
and
deviseth
that
his
Executors
shall
sell
the
Land
to
J.
S.
and
makes
two
Executors
and
dies
,
and
one
Executor
takes
a
Wife
and
surrenders
to
the
use
of
J.
S.
the
Devisee
,
and
was
said
that
by
the
admittance
of
J.
S.
that
he
was
copy-holder
,
though
that
the
surrender
be
made
by
both
the
Executors
.
Taile
of
Copy-hold
.
EState
taile
may
be
of
a
copy-hold
,
and
Formedon
in
descender
may
lye
of
that
,
that
is
to
say
,
may
sue
plaint
,
and
make
protestation
in
nature
of
a
Formedon
in
discender
at
the
common
Law
,
and
good
by
all
the
Justices
,
for
though
a
(
Formedon
in
discender
)
were
not
given
but
by
Starute
,
yet
this
Writ
now
lieth
at
the
common
Law
,
and
it
shall
be
intended
that
that
hath
been
the
custome
time
out
of
minde
,
&c.
See
Littleton
fol.
14.
Plaint
in
nature
of
Formedon
in
discender
,
and
also
Littleton
saith
,
that
copy-holder
is
,
where
within
the
Mannour
the
Tenants
within
the
same
Mannour
,
have
used
time
out
of
minde
,
to
have
Lands
or
Tenements
to
them
,
and
to
their
Heires
in
Fee
simple
or
see
Taile
,
and
though
that
the
Statute
of
Westminster
2
chap.
1.
is
,
That
the
will
of
the
giver
in
writing
should
be
observed
(
so
that
copy-hold
is
not
within
the
Statute
)
yet
in
these
Mannors
,
within
which
,
time
out
of
minde
,
they
have
been
used
to
have
Estates
in
taile
in
this
Mannor
,
and
not
in
others
are
Estates
taile
of
copy-holds
,
15.
H.
8.
tit.
24.
And
now
it
is
common
usage
,
to
cut
of
the
Taile
of
copy-holdes
within
such
Mannors
where
there
is
an
Estate
taile
of
copy-hold
,
by
common
recovery
in
the
nature
of
a
Writ
of
entry
in
the
(
Post
)
which
after
followes
,
and
also
by
recovery
in
nature
of
a
Writ
of
Right
,
and
joyne
the
Mise
as
followes
afterwards
,
and
another
way
is
to
cut
of
the
intaile
,
and
that
is
by
presentment
,
that
the
copy-holder
hath
made
a
Lease
by
Indenture
for
divers
years
,
or
other
forfeiture
,
and
then
the
Lord
to
seise
for
that
,
and
to
surrender
to
the
Purchasor
;
and
these
two
waies
are
allowed
for
good
.
It
is
said
that
five
grounds
of
Law
in
England
is
and
hath
been
in
diverse
particuler
customes
,
the
which
customes
,
though
they
are
against
the
generall
customes
of
Law
,
yet
they
are
in
effect
and
are
taken
for
Law
;
and
so
I
intend
that
this
custome
of
copy-hold
Estate
(
for
that
,
that
it
hath
continuance
by
prescription
)
is
good
by
the
Law
,
that
the
copy-holder
hath
an
Estate
by
custome
and
Law
also
,
and
that
of
that
may
be
an
Estate
taile
where
that
hath
been
used
by
prescription
.
Doctor
and
Student
fol.
20.
Copy-holders
.
COpy-hold
Lands
were
before
the
Conquest
,
and
it
was
called
Folk-Land
in
the
time
of
the
Saxons
,
and
the
Charter-lands
are
called
Bock-land
:
And
also
Bracton
,
Book
4.
allows
of
Copy-hold
land
,
and
sayes
,
That
doing
their
Services
and
customes
,
Their
Lords
cannot
put
them
out
:
And
so
Copy-hold
Estates
,
have
in
time
of
every
King
since
the
Conquest
by
all
the
Justices
been
allowed
;
so
that
for
the
antiquity
,
and
their
continuall
alowance
from
time
to
time
,
the
Estates
of
Copy-holds
are
affirmed
in
Law
;
yet
Fitzh
.
fol.
12.
b.
saith
,
That
Copy-holders
in
ancient
times
,
were
called
Tenants
in
Villainage
,
or
base
tenure
:
But
this
doth
not
make
them
Villaines
,
for
Littleton
,
fol.
39.
saith
,
That
some
Free
men
hold
their
Tenements
,
according
to
the
custome
of
certaine
Mannors
,
by
Villaine
Services
,
and
yet
they
are
not
Villaines
,
and
though
at
the
beginning
of
Copy-holds
,
they
had
but
a
base
Estate
,
and
at
the
will
of
their
Lords
,
yet
when
they
have
continued
their
Estates
by
Copy
,
of
time
out
of
minde
,
then
doing
their
customes
and
services
,
as
Copy-holders
ought
to
doe
,
they
ought
to
enjoy
their
copy-holds
,
whether
the
Lord
will
or
no
;
and
it
appears
by
divers
Statutes
,
that
copy-holds
have
been
in
reputation
,
for
by
the
Statute
of
1
R.
3.
chap.
4.
&
19
H.
7.
chap.
13.
Copy-holder
which
might
expend
by
the
year
26
,
s.
8.
d.
shall
be
accounted
of
the
same
sufficiency
to
be
impannelled
of
a
Jury
,
as
he
which
might
expend
20.
s.
per
annum
of
Free-hold
land
,
and
by
2
Ed.
6.
chap.
8.
the
interest
of
Copy-holders
are
preserved
,
notwithstanding
they
are
not
found
by
Office
after
the
death
of
the
Kings
Tenant
;
and
by
13
Eliz.
chap.
7.
Lands
of
a
Bankrupt
,
as
well
copy-hold
as
free-hold
shall
be
sold
;
so
it
appears
copy-hold
Estates
shall
be
regarded
;
and
those
Demesnes
which
are
in
the
hands
of
the
Copy-holders
,
are
such
Demesnes
as
the
services
which
they
do
,
make
a
Mannor
,
though
the
Lord
have
no
other
Demesnes
in
his
own
hands
,
nor
in
his
Farmors
,
Bailiff
,
or
Servants
,
for
it
is
Demesnes
,
having
regard
to
the
Lord
,
for
that
,
that
upon
every
Surrender
the
Lord
hath
medling
,
and
grants
it
over
in
his
Court.
And
if
you
will
admit
that
an
Estate
Tail
by
usage
of
time
out
of
minde
,
may
be
of
Copy-hold
within
a
Mannour
,
where
it
hath
been
used
by
prescription
,
and
Plaints
of
(
Formedon
)
have
there
been
brought
,
why
will
ye
doubt
,
but
that
it
may
be
well
cut
off
by
common
recovery
,
in
Plaint
,
in
nature
of
a
Writ
of
Entry
in
the
(
Post
)
or
at
least
in
nature
of
a
Writ
of
Right
,
and
Mise
ioyned
upon
meer
Right
,
and
after
Default
made
by
the
Tenant
,
and
Judgement
final
given
,
though
that
these
Recoveries
have
not
been
used
there
by
prescription
,
for
they
are
at
the
common
Law
,
and
Plaints
in
nature
of
these
Writs
are
to
be
sued
there
of
copy-hold
.
It
is
said
,
that
a
Fine
levied
in
ancient
Demesne
is
of
no
worth
,
for
it
is
no
Court
of
Record
;
but
it
is
said
,
that
common
Recoveries
may
be
sued
there
,
to
cut
off
the
Intail
,
and
good
,
for
that
,
that
the
land
shall
be
pleaded
there
by
a
Writ
of
Right
close
,
and
not
otherwise
,
and
copy-holder
shall
be
impleaded
in
Court
Baron
of
the
Mannour
by
Plaint
,
and
not
elsewhere
.
And
for
that
the
Recoveries
aforesaid
,
to
cut
off
the
Intail
of
a
copy-holder
may
be
there
,
though
they
were
not
there
used
before
,
if
there
be
Estates
Tail
there
,
and
if
usage
makes
the
Estate
Tail
,
and
also
usage
makes
the
copy-holder
to
have
an
Estate
of
Inheritance
by
custome
,
and
is
good
,
50.
Book
of
Assises
9.47
Ed.
3.38
.
And
though
Littleton
,
fol.
16.
If
Lord
out
his
copy-holder
,
he
hath
no
other
remedy
but
to
sue
to
his
Lord
by
Petition
,
for
he
saith
,
the
Lord
cannot
break
the
custome
which
is
reasonable
;
but
if
such
Lord
will
break
the
Custome
,
it
is
no
Reason
to
suffer
such
a
Lord
to
be
his
own
Judge
,
and
to
compell
a
copy-holder
to
sue
to
him
by
Petition
.
But
for
that
that
divers
Lords
are
of
an
ill
conscience
,
that
before
were
as
I
have
heard
,
for
that
divers
grave
Judges
now
hold
,
that
a
tenant
copy-holder
may
have
Trespass
against
his
Lord
,
according
to
the
opinion
of
Brian
and
Danby
.
And
this
at
this
day
seems
reason
,
for
though
at
the
beginning
copy-holders
had
but
Estate
at
the
will
of
the
Lord
,
yet
by
the
continuance
of
this
Estate
of
time
out
of
minde
,
they
have
such
Inheritance
by
the
custome
of
the
Mannour
that
the
Lord
(
doing
his
Services
)
cannot
out
them
,
and
the
prescription
goes
to
the
Land
,
and
not
to
the
Lord
,
nor
to
the
occupation
,
for
that
is
copy-hold
land
which
hath
been
let
,
and
demisable
time
out
of
minde
,
&c.
If
the
Tenant
by
copy
deny
to
do
his
Services
,
the
Lord
may
enter
for
forfeiture
,
if
it
be
presented
by
the
Homage
;
but
if
the
Tenant
by
chance
makes
a
Default
at
the
Lords
Court
,
and
doth
not
deny
his
Service
,
it
shall
be
amerced
,
and
is
no
Forfeiture
;
the
same
Law
if
his
Rent
be
behinde
,
and
he
doth
not
deny
to
pay
it
,
that
is
no
Forfeiture
,
but
the
Lord
may
distrain
,
but
by
Littleton
,
fol.
51.
If
the
Tenant
upon
demand
be
not
ready
to
pay
Rent
Seck
,
or
if
the
Tenant
nor
none
for
him
,
be
dwelling
upon
the
Land
to
pay
the
Rent
Seck
,
when
it
is
demanded
,
this
denying
is
Disseisin
;
yet
in
the
case
aforesaid
,
I
conceive
,
that
where
a
copy-holder
makes
Default
,
and
doth
not
deny
his
Services
,
or
is
not
upon
the
Land
ready
to
pay
upon
demand
,
this
is
no
deniall
which
shall
make
a
Forfeiture
,
for
Forfeitures
are
not
favoured
in
Law
,
but
to
be
taken
strictly
according
to
the
words
,
and
that
is
to
be
intended
upon
denying
in
deed
by
the
Tenant
,
42
Ed.
3.
fol.
25.
And
it
seems
that
the
Lord
cannot
enter
for
forfeiture
,
before
that
that
be
found
by
Homage
,
but
if
a
Copy-holder
alien
by
Charter
,
or
commits
Felony
,
or
Treason
,
and
be
attaint
,
these
are
Forfeitures
without
Presentment
,
and
the
Lords
may
enter
,
for
these
are
notorious
and
apparent
to
be
against
the
Custome
,
but
otherwise
it
seems
where
a
Copy-holder
makes
waste
.
12.
Eliz.
It
was
said
,
that
if
a
copy-holder
will
not
be
sworn
of
a
Jury●
or
alien
and
make
copy-hold
Free-hold
,
this
is
forfeiture
,
for
that
,
that
the
Lord
may
enter
without
presentment
,
but
for
negligent
acts
,
as
for
not
doing
of
service
or
Suite
of
Court
,
the
Lord
cannot
seise
without
presentment
by
the
Homagers
,
and
then
agree
if
an
Infant
do
not
come
within
a
yeare
and
day
after
Proclamation
made
,
yet
he
hath
not
forfeited
his
copy-hold
,
and
this
case
was
between
Hautree
and
his
copy-holder
.
If
copy-holder
lets
by
Indenture
,
which
is
forfeiture
,
and
after
surrenders
to
the
use
of
J.
S.
and
he
is
admitted
in
,
the
Lord
after
shall
not
take
advantage
of
forfeiture
,
for
the
Homage
are
not
to
inquire
of
any
forfeiture
,
but
of
forfeiture
made
by
the
Tenants
,
and
he
which
commits
the
forfeiture
is
not
now
Tenant
,
and
admittance
to
pay
his
Fine
is
agreement
of
the
Lord
,
that
he
admitted
shall
have
that
according
to
the
custome
,
that
is
to
say
,
he
doing
his
services
shall
have
that
to
him
and
his
Heires
,
according
to
the
custome
of
the
Mannour
.
It
is
said
,
that
a
copy-holder
cannot
alien
by
Deed
,
for
if
he
do
so
,
the
Lord
may
enter
for
forfeiture
,
and
so
it
is
the
like
if
he
alien
without
Deed
,
in
such
manner
that
the
Land
may
passe
,
as
if
he
lets
for
life
without
Deed
,
and
makes
livery
,
the
Lord
may
enter
,
but
if
he
do
not
make
Livery
otherwise
it
is
;
the
same
Law
it
is
,
if
a
copy-holder
bargain
and
sell
his
Land
by
Indenture
,
and
do
not
inroll
it
,
nothing
passeth
by
this
bargain
,
and
for
that
it
is
no
forfeiture
,
Lit.
f.
14.
If
Tenant
by
copy
of
Court-Roll
make
a
feoffment
,
the
Lord
may
enter
for
forfeiture
,
but
this
is
to
be
intended
,
if
he
make
a
feoffment
and
makes
Livery
,
it
is
a
forfeiture
,
but
if
he
make
no
Livery
,
the
Feoffee
is
but
Tenant
at
will
,
and
it
is
no
forfeiture
,
11
H.
4.
fol.
161.
Challenge
.
For
that
,
that
you
try
Issues
joyned
in
Court-Baron
by
assent
by
inquest
of
the
Homage
,
as
you
may
,
and
not
by
wager
of
Law
as
it
is
,
and
also
in
triall
of
Copy-holds
,
shall
be
by
Oath
of
the
Jury
,
and
also
for
that
some
Challenges
are
principals
,
and
some
are
but
for
favour
,
first
let
us
see
what
is
a
principal
Challenge
.
PRincipall
Challenge
is
said
,
where
it
is
evident
favour
,
as
kindred
,
21
Ed.
4.
fol.
11.
and
63.
Juror
is
of
aliance
,
servant
,
or
beares
mallice
,
that
is
to
say
,
hath
trespasse
against
him
,
or
a
Juror
is
cozen
to
the
Executor
which
brings
the
action
,
and
yet
he
shall
not
recover
to
his
own
use
,
and
this
is
a
principal
challenge
&c.
20
Ass.
11.
Where
a
Juror
is
Gossip
of
the
Plaintiff
,
it
is
a
principall
challenge
,
and
he
shall
be
drawn
off
by
the
challenge
,
2
H.
4.
fol.
16.4
Ed.
4.
fol.
1.
the
same
,
19
H.
6
fol.
66.
Contr.
6
H.
6.
fol.
40.40
.
Ass.
20.
That
the
Plaintif
was
retained
with
a
Juror
,
that
is
,
that
the
Juror
was
master
of
the
party
,
is
a
principal
challenge
,
2
H.
4.
fol.
14.
That
the
Jury
hath
past
before
for
parcell
of
the
same
gift
in
Formedon
,
is
a
principal
challenge
if
he
shew
record
of
that
,
otherwise
it
is
but
favour
,
8
H.
5.
fol.
11.
and
7
H.
4.
fol.
11.
the
same
.
If
a
Juror
(
after
he
is
impannelled
)
eate
at
the
Plaintifs
costs
,
or
take
Money
for
his
charges
,
it
is
a
principal
challenge
,
13
H.
4.
fol.
14.
22.
R.
2.
Chal.
177.
8.
Ed.
3.
fol.
69.
Where
Land
is
demanded
and
the
Juror
is
cozen
within
the
ninth
degree
,
it
is
a
principal
challenge
,
41
Ed.
3.
fol.
9.14
.
&
15
Eliz.
Plowd.
426.
It
is
a
principal
challenge
that
the
Juror
held
of
J.
S.
that
holds
over
of
the
Plaintiff
,
13
H.
6.
Statham
.
Where
a
Juror
hath
a
Lease
of
one
party
,
and
though
he
hath
granted
his
Interest
to
another
,
yet
he
is
within
the
Distress
of
his
Lessor
,
to
the
using
an
Action
of
Debt
for
the
Arrearages
,
and
for
that
is
a
principal
challenge
,
44
Ed.
3.
fol.
5.44
.
Ass.
23.
Trespass
,
the
Defendant
saith
,
it
was
the
Free-hold
of
J.S.
and
justifies
as
Servant
of
J.
S.
it
a
principal
challonge
that
the
Juror
was
within
the
distresse
of
J.
S.
to
E.
4.
fol.
11.
B.
Trespasse
,
where
the
Defendant
justifies
as
Servant
to
the
Lord
Dacres
,
it
was
a
principal
challenge
,
that
the
Juror
was
within
the
distresse
of
one
which
held
of
the
Lord
Dacres
,
15
Ed.
4.
fol.
18.
It
is
a
principal
challenge
that
the
Juror
is
cozen
to
the
Wife
of
the
Defendant
,
for
that
,
that
the
Issue
of
the
Wife
may
be
Heire
to
the
Juror
,
8
H.
6.
fol.
15.
That
the
juror
at
another
time
had
past
against
him
in
the
same
Issue
,
if
he
shew
the
Record
it
is
a
principal
challenge
,
and
otherwise
but
for
favour
,
11
R.
2.
Tit.
106.21
.
Ed.
4.
fol.
74.
before
7
H.
4.
Juror
was
challenged
for
that
,
that
at
another
time
he
past
against
the
Plaintiff
for
the
same
Debt
,
which
was
reversed
by
Errour
,
and
for
that
,
that
he
did
not
shew
the
Record
,
it
is
no
principal
challenge
,
33
H.
6.
f.
1.
It
is
a
principal
challenge
that
the
Juror
was
chosen
arbitrator
for
one
party
,
but
otherwise
it
is
where
he
was
chosen
indifferent
for
them
,
3
H.
6
fol.
24.
That
the
juror
held
of
a
Mannour
,
whereof
the
reversion
is
in
the
Plaintiff
,
is
a
principal
challenge
,
10
H.
7.
fol.
20.49
Ass.
1.
That
the
juror
was
of
Councel
with
the
Plaintiff
and
hath
taken
his
fee
,
this
was
the
challenge
,
and
7
H.
7.
f.
10.
that
it
is
no
principal
challenge
.
It
is
a
principal
challenge
,
the
Sherif
or
Bailif
which
makes
the
Pannell
is
son
in
Law
to
the
Defendant
,
9
Ed.
4
f.
49.
Those
which
have
been
attaint
of
salse
Oath
,
or
were
seen
in
the
Pillory
or
Tumbrill
,
or
against
whom
there
was
Judgement
of
life
and
member
,
shall
be
outed
by
challenge
,
and
these
are
principal
challenges
,
Britton
fol.
134.
Those
which
pretend
to
have
some
right
in
the
thing
demanded
shall
be
outed
by
challenge
,
and
this
is
a
principal
challenge
,
the
same
Law
that
the
juror
is
a
Villaine
9
Ed.
4.
fol.
17.
Villaine
is
principal
challenge
26
Book
of
Ass.
28.
That
a
juror
was
outlawed
is
a
principal
challenge
,
if
he
shew
the
Record
,
11
H.
4.
fol.
40.
Abridg.
Book
of
Ass.
6.
and
21
H.
6.
fol.
30.
The
same
Law
that
a
juror
was
attaint
of
conspiracy
,
33
H.
6.
fol.
55.
18.
H.
8.
f.
2.
Writ
of
entry
,
they
are
at
issue
,
and
the
Plaintif
saith
,
that
the
Sherif
and
two
of
the
Coroners
are
his
cozens
,
and
the
other
two
cozens
of
the
Defendant
,
and
praies
a
Venire
facias
,
to
others
,
and
shall
not
unlesse
all
were
his
cozens
,
for
if
it
were
made
by
the
cozen
of
the
Plaintif
,
the
array
shal
be
quasht
,
but
the
Defendant
cannot
quash
the
array
by
that
that
it
is
made
by
his
cozens
.
15
H.
7.
fol.
9.
Plaintif
cannot
quash
the
array
,
for
that
that
it
is
made
by
his
cozen
,
but
may
shew
that
,
and
pray
a
(
Venire
facias
)
to
the
Coroners
,
but
because
it
doth
not
lye
in
his
knowledge
,
the
Plaintif
may
quash
the
array
though
the
Sherif
is
of
consanguinity
or
affinity
of
the
Defendant
,
but
otherwise
it
is
of
his
own
part
.
19
H.
8.
fol.
7.
Defendant
challenge
the
array
,
for
that
it
was
made
by
J.S.
cozen
of
the
Plaintif
,
and
this
found
and
the
Array
quasht
.
10
H.
7.
fol.
7.
The
Array
was
quasht
for
that
,
that
the
Plaintif
was
Gossip
to
the
Son
of
the
Sherif
,
or
for
any
other
cause
of
the
Plaintif
.
15
Edw.
4.
fol.
23.
Trespasse
by
the
Arch-Bishop
of
Canterbury
,
and
they
were
at
Issue
,
and
the
Plaintiff
saith
,
that
the
Sheriffe
is
his
Steward
,
and
some
of
the
Coroners
are
of
his
Robes
,
and
the
rest
within
his
distresse
,
and
the
Defendant
confest
it
,
and
for
that
Processe
issued
out
to
choosers
,
and
the
array
by
choosers
shall
not
be
quasht
,
but
(
the
heads
.
)
18
Edw.
4.
fol.
8.
Where
the
Array
is
made
by
choosers
,
this
shall
not
be
challenged
,
but
the
(
heads
)
shall
be
challenged
.
8
H.
6.
fol.
60.
The
Array
in
Assise
was
quasht
,
for
that
it
was
made
by
the
Sheriffe
himselfe
,
being
Plaintiffe
,
and
it
was
also
quasht
,
for
that
it
was
made
by
the
Coroners
at
the
denomination
of
the
Plaintiffe
,
for
that
the
Court
of
Office
,
awarded
Venire
facias
to
Electors
.
The
challenge
is
principall
-
Cozen
of
one
party
.
-
Servant
of
one
.
-
Master
of
one
Party
.
At
other
times
,
-
Brings
trespasse
against
one
.
-
Eats
at
the
costs
of
one
.
-
Is
Lord
to
one
.
Challenges
,
-
Is
within
the
distresse
of
one
.
-
Arbitrater
of
one
.
-
Convict
of
horrible
crime
.
-
Hath
right
in
the
thing
demanded
.
Now
let
us
see
what
is
challenge
for
favour
.
WHere
one
challenges
for
diverse
causes
,
and
concludes
for
favour
,
it
is
not
double
,
otherwise
it
is
of
principall
challenge
,
7
H.
6.
fol.
44.
That
the
Defendant
is
Steward
of
a
Mannor
of
the
Juror
,
or
that
he
is
within
the
distresse
of
the
Juror
,
it
is
a
challenge
for
favour
,
and
not
a
principall
challenge
,
but
that
the
Juror
is
within
the
distresse
of
the
Defendant
,
is
a
principall
challenge
;
but
that
the
Juror
hath
marryed
the
Mother
of
the
Defendant
;
if
she
be
dead
,
and
he
had
no
Issue
by
her
,
it
is
no
principall
challenge
,
14
H.
7.
Tit.
Brook
,
71.
The
same
Law
where
a
Juror
hath
marryed
a
Cozen
of
the
Defendant
,
which
might
be
heire
to
him
,
during
their
lives
it
is
a
principall
,
but
contrary
,
if
the
Wife
be
dead
without
Issue
,
14
H.
7.
fol.
1.
&
15
H.
7.
fol.
9.
It
is
no
principall
challenge
,
that
a
Son
of
a
Juror
,
hath
marryed
a
Daughter
of
the
Plaintiffe
,
3
Edw.
4.
fol.
12.
Juror
is
,
a
Keeper
of
the
Forrest
by
the
Kings
Grant
,
and
the
Plaintiffe
is
Master
of
the
Game
,
is
no
principall
challenge
,
16
Ed.
4.
fol.
1.
It
seemes
it
is
no
principall
challenge
,
if
the
Juror
say
he
will
passe
with
the
Plaintiffe
before
he
be
sworne
,
or
that
hee
was
laboured
,
21
H.
7.
fol.
32.
7
H.
6.
fol.
25.
the
same
.
That
the
Defendant
hath
Trespasse
against
the
Juror
,
depending
,
if
it
were
after
the
action
brought
,
it
was
suspicious
,
and
is
no
principall
challenge
,
20
Booke
of
Assise
,
11.
If
a
Juror
be
challenged
for
that
,
that
one
party
hath
an
action
hanging
against
him
,
if
he
doe
not
shew
Record
of
that
,
it
is
no
principall
,
Statham
,
25
Ed.
3.
That
the
Wife
of
the
Sheriffe
,
or
of
him
which
makes
the
Pannell
,
is
Sister
of
the
Plaintiffe
,
ought
to
conclude
of
favour
,
20
Ass.
21.26
Ass.
21.
&
22.
Where
a
Juror
is
returned
by
name
,
Chamberlaine
,
and
Chambers
appears
,
it
is
a
challenge
for
favour
,
and
shall
be
inquired
if
he
be
knowne
by
both
names
or
not
,
32
H.
6.
fol.
23.
It
is
no
challenge
,
that
the
Juror
is
Parishoner
with
the
Defendant
,
22
Ass.
25.
Attaint
,
It
is
no
principall
challenge
,
that
one
of
the
Grand
Jury
,
and
one
of
the
Petty
Jury
,
have
marryed
two
Sisters
,
43
Ass.
46.
In
Attaint
,
It
is
no
principall
challenge
,
that
one
of
the
Grand
Jury
,
and
one
of
the
Petty
Jury
are
at
debate
,
50
Book
of
Ass.
4.
Juror
was
challenged
for
malice
,
which
he
had
to
the
Plaintiffe
,
and
tryed
,
and
found
indifferent
,
27
H.
8.
fol.
25.
It
is
no
challenge
,
that
a
Iuror
appeared
where
he
was
not
summoned
,
if
he
were
impannelled
,
8
Ed.
3.
69
Fitzh
.
Challenge
4.
It
is
no
principall
challenge
to
say
,
that
the
Defendant
is
Tenant
to
the
Sheriffe
or
Bailiffe
,
which
makes
the
Array
,
unlesse
it
be
for
favour
,
26
Ed.
3.
Statham
.
Common
is
the
seventh
Article
which
is
inquirable
.
ANd
for
that
I
intend
,
that
when
the
Statutes
ensuing
were
made
for
Improvements
,
immediately
the
Lords
have
improved
their
Wafts
as
much
as
they
could
,
or
otherwise
they
were
so
moved
with
charity
and
pitty
to
the
Poore
,
that
more
they
would
not
improve
for
Charity
,
I
pray
God
that
that
may
continue
.
Because
many
great
ones
which
infeoffed
Freeholders
of
small
Tenements
in
great
Mannours
of
extent
,
&c.
may
improve
,
when
they
that
are
infeoffed
have
sufficient
Pasture
belonging
to
their
Tenements
,
&c.
Merton
,
chap.
4.
Westmin.
2.
chap.
46.
Recites
Merton
,
and
gives
rate
between
Neighbour
and
Neighbour
;
and
it
is
,
Where
it
is
belonging
to
their
Tenements
:
But
if
one
claime
Common
for
a
certaine
number
,
by
Grant
,
the
Lord
cannot
improve
.
16
Ed.
3.
tit
.
9.
If
the
Lord
improve
,
not
leaving
sufficient
Common
,
the
Commonner
may
break
way
to
use
his
Common
,
See
17
H.
7.
fol.
11.
for
breaking
way
,
22
H.
7.
fol.
ult
.
Fitzherbart
179.
L.
Where
one
hath
a
Common
belonging
or
appertaining
,
and
is
distrained
,
hee
shall
have
an
Assise
of
Common
of
pasture
:
Seventh
Book
of
Assise
16.
8
Book
of
Ass.
18.
Assise
,
Tenant
saith
he
hath
improved
,
leaving
sufficient
for
the
Plaintiffe
.
If
a
man
grant
Land
and
Common
,
the
Grantor
cannot
improve
against
his
Deed
,
12
H.
3.
fol.
25.
That
hee
cannot
improve
against
a
Deed
,
3
Ed.
2.
tit.
21.
If
the
Tenant
have
Common
for
all
manner
of
Beasts
,
the
Lord
cannot
improve
,
notwithstanding
I
have
heard
the
opinion
of
the
Learned
to
the
contrary
,
34.
Assise
11.
It
was
held
,
that
no
man
might
improve
in
Feilds
sowed
,
where
they
have
Common
,
when
the
Corne
is
reaped
and
carryed
,
and
in
time
of
Wreck
;
for
the
Statute
is
in
Wasts
and
not
in
Feilds
:
And
also
it
is
held
there
,
that
Cottager
shall
have
Common
,
but
not
a
Cottager
newly
erected
,
for
he
cannot
prescribe
,
5
Book
of
Assise
2.
Jurney
to
Lecester
.
The
Tenant
shall
not
have
Common
to
Land
newly
improved
,
but
to
ancient
Land
,
hide
,
and
gaine
,
10
Ed.
2.
tit.
22.
5
Book
of
Ass.
2.
the
same
.
The
Statute
is
(
as
much
as
belongs
to
Tenements
)
that
seemes
to
extend
as
well
to
Common
appurtenant
,
as
appendant
:
But
Master
Stamford
sayd
in
Grayes-Inne
,
That
improvement
is
onely
against
him
that
hath
Common
appendant
,
and
not
against
him
which
hath
Common
appurtenant
without
number
.
Now
let
us
see
what
is
appendant
,
and
what
appurtenant
.
Common
appurtenant
is
,
for
all
manner
of
Beasts
,
and
appendant
is
but
to
have
common
for
Beasts
commonable
,
Natura
brevium
,
fol.
70.
That
appurtenant
is
,
with
all
manner
of
Beasts
by
prescription
,
9
Ed.
4.
fol.
3.
by
Fairfax
.
By
Prisot
,
Common
appendant
is
to
have
common
for
Horses
,
Beasts
,
Kyne
,
and
Sheep
,
which
are
commonable
,
and
which
are
most
fit
for
the
Ploughman
,
and
not
for
Geese
,
Goats
,
and
Hogs
,
37
H.
6.
fol.
34.
If
one
hath
a
common
of
Estovers
by
Grant
,
he
cannot
build
another
new
House
to
have
Estovers
to
that
,
Fitzh
.
fol.
180.
h.
Admeasurement
lyes
between
Commoners
which
have
common
appendant
to
their
Free-hold
,
if
one
of
them
surcharge
the
common
,
by
putting
in
more
Beasts
then
they
ought
to
common
,
Fitzh
.
fol.
125.
B.
D.
He
which
hath
Common
appurtenant
to
a
certaine
number
,
or
common
by
specialty
to
a
certaine
number
,
shall
be
admeasured
:
But
he
which
hath
common
appurtenant
without
number
,
or
in
grosse
without
number
,
shall
not
be
admeasured
,
26
H.
8.
fol.
4.
Common
appendant
,
cannot
be
aliened
and
severed
,
but
common
appurtenant
may
,
5
H.
7.
fol.
7.
B.
and
9
Ed.
4.
fol.
39.
A.
He
which
hath
Common
appendant
cannot
use
that
common
with
other
Beasts
,
but
those
which
are
rising
and
lying
upon
his
Land
,
15
Ed
4.
fol.
32.
Termor
cannot
put
any
Beasts
into
the
Common
,
but
those
which
hee
hath
to
manure
his
Land
,
or
for
his
houshold
,
and
not
for
to
sell
,
14
H.
6.
fol.
6.
A
man
grants
Land
,
and
a
Turbary
,
this
doth
not
make
the
Turbary
appendant
,
unlesse
it
were
appendant
from
time
out
of
minde
,
8
Book
of
Ass.
9.
Common
is
to
be
taken
by
the
mouth
of
Beasts
,
31
H.
8.
tit.
151.
Commoner
hath
no
interest
in
the
Land
,
but
to
take
that
with
the
mouth
of
his
Beasts
,
and
cannot
have
trespasse
(
why
he
broke
his
Close
)
against
one
which
makes
trespasse
in
the
common
,
but
may
distraine
them
doing
damage
,
12
H.
8.
fol.
2.
There
are
foure
manner
of
Commons
,
that
is
to
say
,
Common
appendant
,
Common
appurtenant
,
Common
in
grosse
,
and
Common
because
of
Neighbourhood
,
Natura
brevium
,
fol.
69.
Common
appendant
is
to
Land
arable
onely
,
26
H.
8.
fol.
4.
by
Hales
.
It
seemes
it
may
be
appendant
to
a
Mannor
,
Land
,
or
Tenements
,
Fitzh.
139.
L.
It
may
be
appendant
by
reason
of
a
House
,
Natura
brevium
,
fol.
70.
Where
one
hath
Common
because
of
Neighbourhood
in
the
Land
of
J.
S.
he
cannot
put
in
his
Beasts
in
the
waste
of
J.S.
but
in
his
owne
Land
,
which
may
goe
if
they
will
into
the
waste
of
J.
S.
13.
H.
7.
fol.
13.
&c.
Assise
of
Novell
Disseisin
lyeth
of
Common
of
pasture
,
Turbary
,
and
Fishing
,
where
he
hath
that
for
life
,
or
in
taile
,
or
in
Fee
,
and
is
disturbed
that
he
cannot
take
his
common
;
and
the
Writ
shall
be
,
hee
disseised
him
of
a
common
of
pasture
in
D.
and
not
disseised
him
of
his
Free-hold
in
D.
as
where
it
is
of
Land
,
for
there
it
is
alwayes
,
hee
disseised
him
of
his
Free-hold
,
Fitzherbart
,
fol.
179.
L.
Common
appendant
a
man
cannot
use
with
Beasts
of
a
stranger
,
unlesse
hee
keepe
them
to
dung
his
Land
,
but
hee
cannot
take
in
other
Beasts
for
Money
,
which
doe
not
manure
his
Land
:
See
6
H.
7.
fol.
14.
Fitzherbart
180
B.
If
a
man
claime
Common
for
Beasts
without
number
,
there
he
may
put
in
other
Beasts
of
a
strangers
for
Money
in
that
Common
;
otherwise
it
is
in
Chase
or
Forrest
where
the
Lord
hath
Deer
,
Fitzh.
189.
B.
He
that
hath
Common
ought
to
use
that
with
his
owne
Beasts
,
or
with
Beasts
which
dung
his
Land
,
or
with
Beasts
allowed
for
their
Milk
,
and
cannot
take
in
any
,
22
Book
of
Ass.
82.
He
which
hath
Common
by
specialty
,
cannot
take
in
Beasts
,
but
he
that
hath
Common
for
Kine
for
their
Milk
,
or
for
Beasts
to
manure
his
Land
,
for
Sheep
allowed
to
dung
his
Land
,
for
he
hath
right
in
them
for
the
time
,
45
Ed.
3.
fol.
26.
A
way
appendant
to
a
House
shall
not
be
made
ingrosse
,
but
Common
appurtenant
and
Advowson
may
,
5
H.
7.
fol.
7.
Where
the
King
grants
Common
to
an
Abbot
and
his
Successors
without
number
,
out
of
a
Mannor
,
and
after
he
grants
the
Mannor
to
another
,
and
after
the
Abbey
is
dissolved
,
it
seems
for
that
that
it
is
Common
without
number
,
the
King
shall
not
have
it
;
but
if
it
were
Common
certaine
,
the
King
shall
have
it
,
27
H.
8.
fol.
20.
Common
appendant
shall
be
used
with
his
proper
Beasts
and
not
with
others
Beasts
,
and
the
Defendant
was
admitted
to
prescribe
for
Common
appendant
,
6.
Hen.
7.
fol.
14.
He
which
hath
Common
appendant
,
cannot
use
that
,
but
with
his
owne
proper
Beast
or
Beasts
,
which
dung
his
Land
;
but
he
which
hath
Common
for
twenty
Beasts
by
Grant
,
or
with
Beasts
without
number
,
he
may
use
that
Common
with
others
Beasts
,
11
H.
6.
fol.
22.
Fitzh.
180.
B.
the
same
.
A
man
need
not
prescribe
in
Common
appendant
,
but
it
sufficeth
to
say
,
that
he
is
seised
of
three
Acres
in
D.
and
that
he
hath
Common
appendant
,
&c.
4
H.
6.
fol.
13.
He
which
justifies
for
Common
appendant
,
need
not
prescribe
in
that
also
,
22
H.
6.
fol.
10.
Common
appendant
cannot
be
but
by
continuance
of
time
out
of
memory
,
&c.
5
Book
of
Ass.
2.
Courts
.
In
what
place
a
Court-Baron
shall
be
held
.
COurt-Baron
by
Brian
shall
be
held
in
a
place
certain
,
but
I
have
heard
,
that
it
may
be
kept
in
any
place
within
the
Mannor
,
that
the
Tenants
have
notice
to
make
their
suit
,
and
it
is
good
,
8
H.
7.
f.
4.
A.
and
so
it
is
,
24
Ed.
3.
that
it
need
not
be
in
a
place
certain
,
and
by
Glanvile
,
fol
19.
It
ought
to
be
held
in
a
place
within
the
Mannor
and
not
out
of
the
Fee
.
Which
is
Court-Baron
,
and
which
is
Court
of
Record
.
COurt
of
ancient
Demesne
is
no
Court
of
Record
,
but
it
is
a
Court-Baron
,
9
Ed.
4.
fol.
43.
and
3
H.
4.
fol.
16.
the
same
.
Where
the
entry
is
(
to
the
great
Court
)
this
is
a
Court
Baron
,
as
it
is
aforesaid
,
10
Ed.
4.
fol.
17.
Where
Suitors
are
Judges
,
Court
by
Commission
before
the
Justices
of
Peace
,
that
is
to
say
,
their
Court
of
Sessions
,
&c.
are
Courts
of
Record
,
9
H.
6.
fol.
3.
If
a
man
be
arrested
in
the
Cinque
ports
,
he
shall
have
a
(
Homine
replegiando
)
if
according
to
the
Law
and
custom
of
the
Ports
he
be
repleevable
,
Eitzh
.
fol.
67.
A
Great
complaint
was
against
the
Officers
of
the
Castle
of
Dover
,
for
holding
Plea
above
forty
shillings
,
where
they
have
but
a
Court-Baron
,
and
for
arresting
men
by
the
body
of
their
Warrant
and
(
Gapias
)
but
it
seems
they
have
a
Charter
now
,
for
it
is
used
there
to
arrest
,
5
E.
4.
f.
127.
Trespasse
of
imprisonment
,
the
Defendant
saith
,
that
there
is
a
Court
by
prescription
within
the
Tower
,
and
doth
prescribe
to
have
(
Capias
)
and
not
that
it
is
there
(
Capias
)
without
prescription
,
and
justifie
that
by
(
Capias
)
&c.
And
so
this
appeares
to
be
Courts
of
Record
,
4
Ed.
4.
fol.
6.
Error
lies
wherefalse
judgment
is
given
in
any
Court
of
Record
,
as
in
the
common
Bench
,
or
London
,
or
other
City
where
they
have
power
to
hold
Pleas
by
Charter
,
or
by
prescription
,
of
every
sum
in
Debt
or
Trespasse
,
of
the
sum
of
forty
shillings
and
over
,
Fitzh
.
fol.
20.
If
false
judgment
be
given
in
Court
of
ancient
Demesne
,
the
Tenant
or
Demandant
shall
have
false
judgement
,
which
proves
that
it
is
Court-Baron
,
Fitzh
.
fol.
11.
Court
of
Pipowders
is
a
Court
of
Record
,
Fitzh
.
fol.
18.
H.
Where
the
Courts
hold
Plea
by
prescription
above
forty
shillings
,
they
are
Courts
of
Record
,
6
Edw.
4.
fol.
3.
Marshalsey
is
a
Court
of
Record
,
for
if
they
err
,
there
lies
a
Writ
of
errour
,
10
H.
6.
fol.
13.
Where
they
have
conusance
of
every
sum
,
as
in
London
,
and
in
other
Cities
and
Borroughs
,
are
Courts
of
Record
,
2
H.
4.
fol.
4.34
.
H.
6.
f.
52.
the
same
;
and
45
E.
3.
fol.
1.
Error
lies
where
false
judgment
is
given
in
any
Court
of
Record
,
as
in
the
common
Bench
,
or
in
London
,
or
other
City
,
or
in
other
place
,
where
they
have
power
to
hold
Plea
by
Charter
or
prescription
of
every
sum
of
forty
shillings
and
over
,
these
are
Courts
of
Record
,
Fitzh
.
fol.
20.
D.
Leets
and
Turns
of
the
Sherif
are
Courts
of
Record
,
for
that
they
are
for
the
common-Wealth
,
Eitzh
.
fol.
82.10
.
H.
6.
fol.
7.
It
is
said
that
the
Leet
is
a
Coutt
of
Record
,
and
for
that
he
cannot
wage
his
Law
in
Debt
brought
upon
Amerciament
in
Leet
.
The
Kings
Bench
,
Chancery
,
common
Bench
,
and
the
Exchequer
,
are
Courts
of
Record
,
for
that
,
that
no
Judg
may
sit
as
Judge
there
without
Letters
Patents
,
Doctor
and
Student
f.
11.
Ancient
Demesne
.
Insomuch
that
a
Court
of
ancient
Demesne
is
a
Court-Baron
,
let
us
see
in
what
action
brought
at
the
Common
Law
,
ancient
Demesne
is
a
good
Plea
,
and
in
what
not
,
and
what
action
may
be
sued
in
ancient
Demesne
,
and
what
not
.
ANcient
Demesne
is
no
Plea
in
an
action
upon
the
Statute
,
R.
2.
2.
H.
7.
fol.
17.
It
is
no
Plea
in
Trespasse
,
but
in
Replegiare
and
Writ
of
Ward
,
46
Ed.
3.
f.
1.
It
is
no
Plea
in
Trespasse
,
47
Ed.
3.
fol.
22.
Ancient
Demesne
is
a
good
Plea
in
Replegiare
,
and
not
in
Trespasse
,
40
Ed.
3.
fol.
4.46
.
Ed.
3.
fol.
Plaint
of
fresh
force
may
be
sued
in
ancient
Demesne
,
without
a
Writ
of
Right
close
,
as
it
seems
,
but
another
plaint
of
Land
cannot
be
sued
there
without
a
Writ
of
Right
close
,
26
H.
6.
fol.
5.
Ke-disseisin
and
Post-disseisin
cannot
be
sued
in
ancient
Demesne
,
for
the
Sherif
and
Coroners
cannot
inquire
there
;
but
said
that
waste
may
be
sued
there
by
a
Right
close
32
H.
6.
f.
29.
If
a
man
bring
waste
at
the
common
Law
,
it
is
said
that
ancient
Demesne
is
a
good
Plea
,
7
H.
6.
fol.
37.
and
8
H.
6.
f.
83.
The
Opinion
of
all
the
Justices
,
that
it
is
a
good
Plea
in
wast
,
for
that
that
by
this
recovery
,
judgment
is
to
recover
the
place
wasted
,
and
by
this
the
Land
shall
be
frank
Fee
,
1
H.
4.
fol.
5.
The
Lord
in
ancient
Demesne
cannot
hold
Plea
in
Redisseisin
and
waste
by
Hull
,
for
that
,
that
the
Sherif
is
Judge
and
not
the
Lord
.
Warranty
of
Charters
may
be
sued
at
the
common
Law
,
and
ancient
Demesne
is
no
Plea
,
for
Warranty
is
by
Deed
out
of
the
L●nd
,
Fitzh.
135.
Juris
utrum
,
at
the
common
Law
,
ancient
Demesne
is
no
Plea
,
for
he
cannot
have
a
(
Right
close
)
for
that
,
that
Frank-almaigne
cannot
be
held
there
,
but
the
Tenure
there
is
Socage
,
Abridg.
Ass.
fol.
16.6
.
Ed.
3.
f.
20.
the
same
,
Statham
.
Detinue
of
Charters
at
the
common
Law
to
plead
ancient
Demesne
,
is
no
Plea
,
13
Ed.
3.
fol.
67.
Statham
.
Fitzh.
136.
In
a
Writ
of
Mesne
,
ancient
Demesne
is
a
good
Plea
.
In
(
Quid
juris
clamat
)
brought
at
the
common
Law
,
to
plead
ancient
Demesne
is
a
good
Plea
,
20
Ed.
3.
Statham
fol.
20.
In
an
action
upon
the
Statute
of
R.
2.
brought
at
the
common
Law
to
plead
ancient
Demesne
is
no
Plea
,
but
in
account
or
Replegiare
it
is
a
good
Plea
,
21
Edw.
4.
fol.
3.
Where
dammages
are
recovered
in
ancient
Demesne
,
and
Debt
is
brought
in
the
common
Bench
upon
the
same
dammages
,
it
is
no
Plea
for
the
Defendant
to
plead
ancient
Demesne
,
39
H.
6.
fol.
3.
Ancient
Demesne
is
a
Court-Baron
,
and
the
Suitors
are
Judges
.
DEbt
was
brought
in
common
Bench
for
dammages
recovered
in
ancient
Demesne
,
the
Defendant
pleads
no
such
record
,
and
is
no
Plea
,
for
it
is
a
Court-Baron
,
but
no
such
recovery
is
good
,
9
Ed.
4.
fol.
44.
B.
50.
Booke
.
Suitors
are
Judges
in
ancient
Demesne
,
34
H.
6.
fol.
38.
Na.
Bre.
fol.
12.
the
same
.
Suitors
are
Judges
in
ancient
Demesne
,
and
not
the
Bailifs
,
12
H.
4.
fol.
17.
Plea
shall
not
be
removed
out
of
ancient
Demesne
,
unlesse
for
false
Judgment
,
13
H.
4.
fol.
16.
Fitzh
.
fol.
12.
a
the
same
,
and
that
proves
that
this
is
a
Court-Baron
.
Suitors
are
Judges
in
ancient
Demesne
,
for
that
it
shall
not
be
removed
,
for
that
the
Bailifs
maintaine
,
3
H.
4.
fol.
16.
See
6
H.
4.
fol.
2.
Upon
(
Pone
)
to
remove
Plea
out
of
ancient
Demesne
,
the
Sherif
returns
that
the
Suitors
will
not
send
the
Record
by
which
issued
a
Distresse
against
the
Suitors
,
18
Ed.
3.
Statham
.
False
Judgment
was
brought
in
the
common
Bench
upon
a
judgment
given
in
ancient
Demesne
,
in
a
Writ
of
Right
close
,
and
though
judgment
was
given
in
that
in
the
common
Bench
,
yet
the
Land
shall
be
ancient
Demesne
,
as
it
was
before
.
By
Knivet
,
Fine
levied
in
ancient
Demesne
is
nothing
worth
,
for
it
is
no
Conrt
of
Record
,
but
common
recoveries
are
used
there
to
cut
off
an
intaile
,
50
Ass.
9.
No
Land
may
be
pleaded
there
by
right
close
,
and
not
else
where
.
How
Land
in
ancient
demesne
is
made
frank
Fee
for
a
time
,
and
how
for
ever
.
DUring
the
time
that
Lands
in
ancient
Demesne
is
in
the
hands
of
the
King
,
it
is
Frank
Fee
,
but
if
the
King
grant
that
over
to
hold
of
the
Mannor
againe
,
it
is
ancient
Demesne
againe
,
21
Book
of
Ass.
13.
If
Recovery
or
Fine
be
in
Common
Bench
of
Land
in
ancient
Demesne
,
the
Land
is
Frank
fee
,
till
it
be
defeated
by
the
Lord
,
by
Writ
of
Deceit
,
and
when
that
is
defeat
,
it
is
void
to
bind
the
parties
,
8
Ed.
4.
fol.
6.
See
3
H.
4.
fol.
6.
accordingly
.
If
the
Tenant
in
ancient
Demesne
enfeoffe
his
Lord
of
the
Mannour
,
being
common
person
,
and
not
King
,
the
Lordship
is
Frank
see
for
ever
,
9
H.
6.
fol.
24.
B.
3
H.
4.
fol.
16.
the
same
.
Where
the
King
gives
Land
of
ancient
Demesne
,
to
hold
in
Franke
Almaigne
,
that
is
Franke
fee
,
6
H.
4.
fol.
2.
Where
a
Fine
is
in
common
Bench
,
of
Land
in
ancient
Demesne
,
is
Frank
fee
;
so
that
after
if
a
Recovery
of
that
be
in
ancient
Demesne
,
it
is
void
(
and
before
not
a
Judge
)
7
H.
4.
fol.
3.
B.
7
H.
4.
fol.
29.
the
same
.
If
the
King
was
once
seised
of
Land
in
ancient
Demesne
,
and
lett
that
for
life
,
it
is
Frank
fee
for
the
time
,
11
H.
4
fol.
84.
Where
Land
in
ancient
Demesne
is
forfeit
to
the
King
by
attainder
,
and
the
King
grants
that
over
to
another
and
his
heires
,
now
they
are
Frank
fee
for
ever
,
13
H.
4.
fol.
7.
Where
a
Fine
is
levyed
of
Land
in
ancient
Demesne
,
in
the
Common
Bench
,
the
Lord
may
defeat
that
by
a
Writ
of
Deceipt
;
and
yet
if
he
to
whom
the
Fine
was
,
&c.
hath
a
Release
,
with
confirmation
of
the
party
,
made
after
the
Fine
,
his
Estate
is
good
,
notwithstanding
that
the
Fine
be
defeated
,
Fitzh.
98.
a.
The
Lessor
by
his
confirmation
to
his
Tenant
,
may
make
the
Land
in
ancient
Demesne
Frank
fee
,
but
if
he
confirme
to
hold
by
meaner
services
,
it
is
no
Frank
fee
,
30
Ed.
3.
fol.
16.
Where
Land
in
ancient
Demesne
Escheats
to
the
Lord
,
for
that
,
that
the
Tenant
dyes
without
heire
generall
or
speciall
,
are
Frank
fee
for
ever
,
for
he
holds
them
now
of
the
Lord
Paramount
,
18
Ed.
3.
fol.
19.
If
the
Tenant
in
ancient
Demesne
,
answer
the
action
in
Precipe
,
in
the
Common
Bench
,
yet
it
is
no
Frank
fee
before
Judgement
given
,
2
Ed.
4.
fol.
26.
The
Lord
by
his
confirmation
may
alter
the
tenure
,
but
not
the
estate
of
the
Land
,
where
he
confirmes
to
hold
at
the
Common
Law
,
49
Ed.
3.
fol.
7.
Fine
at
the
common
Law
,
recovery
,
or
where
he
is
in
by
the
Kings
Charter
,
or
by
feoffment
of
the
Lord
,
these
prove
the
Land
frank
Fee
and
not
ancient
Demesne
,
Fitzh
.
fol.
13.
C.
If
the
King
be
seised
of
Land
in
ancient
Demesne
,
this
is
Frank
fee
,
but
if
the
King
demise
it
to
another
,
the
Land
is
ancient
Demesne
again
,
17
Ed.
3.
fol.
52.
A
man
recovers
in
ancient
Demesne
Lands
,
which
were
at
the
common
Law
against
a
man
by
Verdict
of
a
Jury
,
and
he
against
whom
the
recovery
was
,
brought
an
Assise
upon
that
,
and
awarded
,
that
he
should
recover
Seisin
,
30
Ed.
1.
Tit.
Assise
379.
Note
the
tenure
and
tryall
of
ancient
demesne
,
and
who
shall
plead
ancient
demesne
.
LAnds
which
are
ancient
Demesne
are
Soccage
,
Fitzh
.
fol.
11.
Tenants
in
ancient
Demesne
,
are
those
which
hold
of
the
Mannors
which
were
in
the
hands
of
Saint
Edward
the
Confessor
,
at
the
time
that
the
Book
of
Doomsday
was
made
;
but
the
Lands
written
in
that
Book
,
to
be
in
other
mens
hands
,
are
not
ancient
Demesne
,
Fitz.
16.
E.
All
the
Lands
which
were
in
the
seisin
of
Saint
Edward
the
Confessor
,
when
the
Book
of
Doomsday
was
made
,
are
called
ancient
Demesne
,
and
the
Lands
in
other
hands
,
&c.
Frank
fee
,
Natura
brevium
,
fol.
14.
If
the
Land
be
ancient
Demesne
or
not
,
shall
be
tryed
by
the
Book
of
Doomsday
,
49
Ed.
3.
fol.
22.
In
Monstraverunt
.
Assise
,
The
Tenant
pleads
that
the
Land
was
ancient
Demesne
,
and
it
was
tryed
by
Assise
in
the
Book
of
Notting
,
and
also
North.
8
Ed.
2.
Statham
,
fol.
20.
Triall
of
ancient
Demesne
is
by
the
book
of
Doomsday
,
and
by
that
it
was
certified
that
London
was
not
ancient
Demesne
,
7
H.
6.
fol.
34.
In
Assise
of
Mortdancester
,
ancient
Demesne
was
tried
by
the
Country
,
8
Book
Ass.
35.
9
Book
Ass.
9.
the
same
.
In
Assise
,
the
tenant
saith
that
it
was
parcell
of
the
Mannor
of
B.
which
is
ancient
Demesne
and
the
other
saith
that
it
is
not
parcell
,
and
upon
this
at
issue
,
and
that
was
tryed
by
Assise
,
12
Book
of
Assises
18.22
Book
.
of
Assises
45.
the
same
.
Assise
,
none
shall
plead
ancient
Demesne
but
he
which
is
Tenant
,
and
not
the
Dissei●or
,
21
Book
of
Ass.
2.41
Ed.
3
tit.
22.
the
same
.
If
Land
be
in
the
book
of
Doomsday
,
written
under
the
Title
,
Land
of
the
Bishop
,
and
not
Land
of
the
King
,
yet
though
it
be
in
the
book
of
Doomsday
,
it
is
no
ancient
Demesne
,
40
Ed.
3.
fol.
45.
Form
of
Pleadings
,
that
the
Land
is
ancient
Demesne
,
and
how
he
shall
sue
for
ancient
Demesne
,
and
for
Copy-hold
in
ancient
Demesne
.
BY
Prisot
,
he
which
pleads
ancient
Demesne
,
shall
say
that
the
Land
is
held
of
the
Mannor
of
D.
which
is
ancient
Demesne
,
and
pleadable
by
a
petty
Writ
of
Right
close
from
time
out
of
minde
,
and
demand
judgment
if
the
Court
will
acknowledge
,
36
H.
6.
fol.
18.
3.
H.
6.
fol.
48.
But
see
by
Thirne
,
and
granted
that
frank
Fee
may
be
held
of
a
Mannor
of
ancient
Demesne
,
11
H.
4.
fol.
85.
Precipe
,
the
Tenant
saith
that
the
Land
was
parcell
of
the
Mannour
of
D.
which
is
ancient
Demesne
and
pleadable
by
petty
Writ
of
right
close
,
time
out
of
minde
,
and
demand
judgment
if
the
Court
will
acknowledge
,
and
it
is
no
Plea
for
the
Demandant
to
say
to
that
,
that
it
is
frank
fee
,
for
that
,
that
it
doth
not
gainsay
,
but
that
the
Mannor
is
ancient
Demesne
,
and
that
this
is
parcell
,
but
he
ought
to
plead
specially
,
how
it
is
become
frank
fee
,
41
Ed.
3.
f.
22.12
Book
of
Ass.
16.22
.
Book
of
Ass.
45.
Right
close
lieth
alwaies
between
Plow-holders
,
and
no
Plow-holder
may
implead
another
Plow-holder
of
Lands
in
ancient
Demesne
,
unlesse
by
this
Writ
;
and
shall
make
in
this
his
protestation
to
sue
in
nature
of
what
Writ
he
will
,
as
his
case
is
,
Nat.
Brevium
fol.
11.
They
call
Tenants
in
ancient
Demesne
Sokemaines
,
Britton
fol.
105.
Copy-holder
of
base
Tenure
shall
not
have
a
Right
close
,
but
ought
to
sue
by
Bill
in
the
Lords
Court
,
but
copy-holder
in
ancient
Demesne
of
free-tenure
shall
have
that
,
Fitzh
.
fol.
11.
The
King
shall
have
yeare
,
day
,
and
wast
,
of
Lands
in
ancient
Demesne
,
if
it
be
so
that
the
Tenant
have
sold
them
against
his
Lords
will
,
and
yet
not
the
Lands
past
by
surrender
,
Stam.
fol.
50.
Note
this
is
where
the
copy-holders
in
ancient
Demesne
have
used
time
out
of
minde
to
sue
for
them
by
petty
Writ
of
Right
close
,
and
so
is
14
H.
4.
fol.
1.
by
Hank
and
14.
H.
4
fol.
34.
and
see
3
Ed.
3.
Br.
tit
.
copy-hold
22.
And
in
these
surrenders
of
Lands
in
ancient
Demesne
of
frank
tenure
it
is
not
used
to
say
,
(
to
hold
at
the
will
of
the
Lord
)
in
these
copies
,
but
(
to
hold
according
to
the
custome
of
the
Mannor
)
by
the
Services
before
due
,
and
is
not
said
there
,
(
at
the
Will
of
the
Lord.
)
Ancient
Demesne
is
Socage
Tenure
,
for
they
are
called
Sokemaines
,
Fitzh
.
14.
C.
By
what
Writ
Execution
shall
be
in
ancient
Demesne
,
and
by
what
not
,
and
shall
be
free
of
Toll
,
&c.
EXecution
of
Writs
in
ancient
Demesne
cannot
be
,
for
that
Execution
is
given
by
Westm.
2.
chap.
18.
and
that
the
Statute
is
,
if
they
be
ejected
of
those
Tenements
they
have
to
recover
by
a
Writ
of
new
Disseisin
,
22
Book
of
Ass.
45.
Upon
a
Statute
Merchant
execution
was
awarded
of
Lands
in
ancient
Demesne
,
Br.
Tit.
37.
Debt
against
Heire
,
if
he
hath
Lands
in
ancient
Demesne
they
shall
be
charged
as
Assets
,
7
H.
4.
fol.
15.
Those
Tenants
of
ancient
Demesne
are
quit
of
Toll
,
and
passages
for
Goods
sold
and
bought
in
Faires
and
Markets
,
and
to
be
quit
of
Taxe
and
Tallage
of
Parliament
;
unlesse
they
be
taxed
by
the
Parliament
,
and
to
be
quit
of
expences
of
Knights
of
Parliament
,
and
shall
not
be
put
upon
Juries
and
Inquests
out
of
ancient
Demesne
for
Lands
of
ancient
Demesne
,
Eitzh
.
14.
Court
of
Pipowders
.
Let
us
see
the
nature
and
authority
of
Court
of
Pipowders
.
COurt
of
Pipowders
is
a
Court
of
Record
and
the
Steward
is
Judge
,
for
that
that
there
are
no
Suitors
there
,
and
for
that
error
lieth
there
upon
erronious
judgment
given
,
and
not
a
Writ
of
false
judgment
,
6
Ed.
4.
fol.
3.7
Ed.
4.
fol.
23.
That
errour
lieth
there
.
It
was
held
that
a
Court
of
Pipowders
may
be
by
custome
in
a
City
without
Faire
or
Market
,
and
therefore
where
it
was
assigned
for
error
upon
a
Record
given
in
a
Court
of
Pipowders
,
according
to
the
custome
of
the
City
held
,
&c.
And
though
it
be
not
(
in
full
Market
or
Faire
)
it
was
adiudged
no
errour
,
13
Ed.
4.
f.
8.
Trespasse
of
Goods
taken
,
the
Defendant
iustifies
as
Bailif
of
the
Town
of
Rippon
,
by
vertue
of
a
command
of
execution
of
a
iudgment
given
against
the
Plaintif
in
Debt
,
in
Court
of
the
said
Faire
at
Rippon
,
and
for
that
,
that
the
Plaintif
did
not
make
agreement
for
the
Debt
recovered
against
him
within
ten
daies
,
after
iudgment
given
,
he
makes
price
of
the
Goods
by
Merchants
of
the
Town
of
Rippon
,
and
for
that
makes
agreement
with
the
party
,
and
this
Justification
was
good
,
20
Book
of
Assise
90.
It
was
enacted
that
no
Steward
shall
hold
Plea
in
this
Court
,
unlesse
the
Plaintif
or
his
Attorney
makes
Oath
that
the
fact
or
contract
was
made
within
the
Faire
,
and
if
it
were
the
contrary
he
should
forfeit
100
s.
17
Ed.
4.
chap.
2.
tit
.
Faires
the
fourth
.
In
Court
of
Pipowders
the
Plaintif
or
his
Attorney
shall
be
examined
by
Oath
if
the
matter
rose
within
the
Faire
,
and
the
Defendant
also
may
pleade
that
this
arose
in
a
forrain
place
,
1
R.
3.
chap.
6.
Debt
in
the
common
Bench
against
Mawd
,
and
counts
that
he
had
recovered
ten
Markes
against
the
said
Mawd
in
Court
of
Pipowders
at
Everwick
,
and
the
Plaintif
by
Certiorare
removes
(
the
Tenor
of
the
Record
)
in
the
Chancery
,
and
from
thence
by
(
Mittimus
)
into
the
common
Bench
to
have
execution
,
and
attachment
was
made
upon
the
Originall
,
at
the
ninth
houre
,
and
he
appears
and
pleaded
,
and
a
(
Venire
facias
)
went
out
,
returnable
at
the
third
houre
after
the
ninth
,
and
so
in
Court
of
Pipowders
the
processe
is
from
houre
to
houre
,
7
H.
6.
fol.
19.
The
book
of
Entries
,
fol.
167.
See
there
the
form
of
the
Count
and
(
Precipe
)
of
summoning
in
this
Court
;
and
the
Processe
of
(
Capias
)
and
proceeding
in
Debt
in
this
Court
,
and
Debt
against
a
Jaylor
for
escape
in
Title
,
Debt
.
The
book
of
Entries
fol.
18.
See
(
Scire
facias
)
to
have
execution
upon
iudgment
given
in
a
Court
of
Pipowders
,
in
an
action
of
account
brought
there
,
and
removed
into
the
common
Bench
to
have
execution
of
that
iudgment
.
And
it
seems
breifly
that
nothing
shall
be
sued
here
,
unlesse
the
contract
or
deed
were
made
within
the
Precinct
of
the
Faire
or
Market
,
as
it
appeares
above
,
and
for
that
Informations
of
penall
Statutes
ought
not
to
be
sued
in
this
Court
,
of
things
and
Offences
made
out
of
Faires
and
Markets
,
as
insufficient
tanned
Leather
,
carryed
to
be
sold
in
Faires
against
the
Statutes
,
also
this
Court
is
ordained
only
for
hasty
redresse
of
things
there
during
the
Faire
.
Court
of
Marshalsey
.
FIRST
,
In
the
booke
called
the
Diversity
of
Courts
fol.
110.
It
is
said
,
that
the
Court
called
the
Marshelsey
is
an
ancient
Court
of
Record
,
and
made
to
have
good
government
and
order
within
the
Kings
House
,
for
preservation
of
the
King
and
his
Servants
,
and
to
this
Court
are
certaine
bounds
limited
,
by
13
R.
2.
chap.
3.
that
in
all
places
where
the
King
in
his
own
person
shall
come
and
make
stay
there
,
within
the
Verge
limited
to
his
Graces
Court
,
that
it
shall
not
passe
the
space
of
twelve
Miles
to
be
accounted
from
his
Lodging
,
Fitzh.
141.
B.
And
in
diversity
of
Courts
it
is
said
,
that
this
Court
hath
power
to
inquire
of
Treason
,
Murder
,
and
Felony
,
and
to
take
appeales
of
them
,
and
also
of
Maymes
,
if
they
be
made
within
the
Verge
,
and
between
persons
of
the
Kings
House
.
And
said
there
also
,
that
if
one
of
the
House
of
the
King
sue
another
which
is
not
of
the
House
,
he
shall
plead
to
the
Jurisdiction
of
the
Court
,
and
if
they
will
not
this
exception
allow
,
he
shall
have
a
Writ
of
Errour
and
that
shall
be
reversed
in
the
Kings
Bench
,
Fitzh.
242.
A.
Seek
in
trespasse
:
And
the
Judges
in
this
Court
,
are
the
Steward
,
and
Marshall
of
the
Kings
House
,
for
in
these
is
the
order
of
the
Kings
House
.
Note
that
by
the
Statute
,
Articuli
super
chartas
,
c.
3.
that
the
Steward
and
the
Marshall
shall
hold
no
Plea
of
Freehold
,
nor
of
Debt
,
Covenant
,
nor
of
any
bargain
made
between
any
of
the
Kings
People
,
but
only
of
trespas
made
within
the
Kings
House
,
or
other
trespasse
made
within
the
Verge
,
and
of
Contracts
and
Covenants
,
which
one
of
the
Kings
House
made
with
another
in
the
same
House
,
and
not
otherwhere
.
And
they
shall
plead
no
Plea
of
trespasse
,
except
the
parties
were
arrested
by
them
before
the
King
departed
the
Verge
where
the
trespasse
was
committed
,
and
they
shall
plead
speedily
from
day
to
day
,
so
that
it
may
be
pleaded
and
determined
,
before
the
King
depart
out
of
the
limits
of
the
same
Verge
,
where
the
trespasse
was
done
,
and
if
they
cannot
be
determined
within
the
limits
of
the
Verge
,
the
Pleas
there
shall
cease
,
and
be
determined
at
the
common
Law
,
and
the
Steward
shall
not
take
conusance
of
Debt
nor
of
other
things
,
but
of
such
persons
only
which
are
of
the
Kings
House
,
nor
shall
hold
any
other
Plea
by
obligation
,
and
if
they
do
any
thing
against
this
Ordinance
,
let
their
doing
be
held
for
nothing
,
see
,
Fitzh.
241.
B.
D.
10.
H.
6.
fol.
13.
Action
was
brought
upon
this
Statute
,
for
that
the
Defendant
impleads
the
Plaintif
in
the
Marshalsey
for
trespasse
,
whereof
one
,
nor
the
other
was
of
the
Kings
House
,
and
there
it
is
granted
by
the
Court
,
that
of
trespasse
within
the
Verge
,
one
or
the
other
shall
be
of
the
House
,
as
well
as
of
action
there
upon
other
contract
:
Seek
,
for
it
seems
otherwise
by
the
words
of
the
Statute
,
and
it
is
used
now
the
contrary
,
diversity
of
Courts
agrees
as
above
,
see
the
title
of
,
38
Brook
.
7
H.
6.
f.
33.
A
Writ
was
sued
upon
the
Statute
(
Articuli
super
Chartas
)
Ed.
1.
chap.
3.
That
none
shall
be
impleaded
in
the
Marshalsey
if
one
party
were
not
of
the
Kings
House
,
there
did
aver
the
Defendant
vext
him
,
&c.
the
other
saith
no
such
record
.
Brook
tit
.
Action
upon
the
Statute
38.
That
the
Marshalsey
shall
not
hold
Plea
of
Contracts
,
unlesse
,
as
well
the
Plaintif
as
the
Defendent
are
of
the
Kings
House
,
for
if
it
be
otherwise
the
Defendant
may
plead
to
the
Jurisdiction
,
and
if
the
Plaintif
remove
out
of
the
Kings
Service
,
hanging
the
Plea
,
the
Defendant
may
plead
that
,
and
abate
the
Jurisdiction
and
the
Plea
,
contrary
if
the
Defendant
remove
out
of
the
Kings
Service
,
and
there
it
was
held
though
the
trespasse
made
within
the
Verge
lie
there
between
any
,
though
they
be
not
of
the
Kings
House
,
contrary
of
Debt
and
Covenant
,
and
therefore
seek
of
action
upon
the
case
there
between
strangers
upon
Assumpsit
,
for
it
seems
that
it
is
a
Contract
.
6
R.
2.
Tit.
49.
Br.
Action
upon
the
Statute
,
Debt
upon
Recovery
of
Dammages
before
the
Marshall
,
in
an
action
of
Covenant
before
the
Marshal
,
that
is
a
good
Plea
to
the
Jurisdiction
,
that
none
of
the
parties
was
of
the
Kings
House
at
the
time
,
&c.
For
the
Statute
of
(
Articuli
super
chartas
)
cap.
3.
will
as
above
,
and
therefore
it
is
(
coram
non
Judice
)
if
it
be
otherwise
.
19
Ed.
4.
fol.
9.
By
Littleton
,
and
not
denied
,
where
one
is
out-lawed
in
the
common
Bench
without
Originall
,
it
is
not
void
,
but
errour
,
but
Judgement
given
in
the
Marshalsey
between
parties
which
are
not
of
the
Kings
House
,
is
voide
,
for
they
have
no
power
to
hold
the
Plea
,
and
if
execution
of
that
Judgement
be
sued
,
the
other
shall
have
trespasse
upon
it
.
Then
for
that
,
that
the
Statute
of
(
Articuli
super
chartas
)
aforesaid
,
limits
what
actions
shall
be
sued
in
the
Marshalsey
,
it
seems
that
information
upon
penall
Statutes
shall
not
be
sued
there
,
for
the
Attorney
of
the
Queen
,
nor
informer
shall
not
inform
there
,
and
this
is
no
Suite
between
the
parties
that
the
Statue
of
Artic.
provides
,
and
they
are
no
such
actions
,
and
for
that
Mr.
Poole
Steward
there
,
did
well
to
reiect
the
informations
of
penall
Statutes
aforesaid
out
of
the
Court
,
and
in
this
Court
and
the
Court
of
Pipowders
the
Suite
is
,
J.S.
complaines
against
J.D.
and
your
information
is
,
Memorandum
,
that
such
a
day
J.S.
came
here
into
the
Court
,
&c.
And
gave
the
Court
so
to
understand
that
,
&c.
And
there
is
another
form
,
and
where
there
are
diverse
Statutes
which
gives
liberty
to
sue
for
penalties
in
any
Court
of
Record
of
the
King
by
expresse
wordes
,
yet
it
was
never
seen
in
any
suite
by
information
,
for
such
penalties
in
the
Chancery
,
Court
of
Wards
,
Court
of
Requests
,
for
suits
there
are
by
English
Bills
and
matters
of
conscience
,
and
Leet
is
a
Court
of
Record
of
the
King
,
and
yet
no
information
shal
be
there
,
and
so
it
seems
in
a
Court
of
Pipowders
,
&
they
do
not
use
in
these
Courts
English
,
nor
in
Leet
where
the
matters
are
by
presentment
of
the
Jury
to
be
informed
there
,
nor
in
Court
of
Pipowders
,
unlesse
the
Lord
hath
the
panalties
by
the
Kings
Grant
,
for
in
these
Courts
the
attendance
of
the
Kings
Attorney
is
not
requisite
,
and
who
shall
account
and
pay
the
King
,
his
halfe
in
these
Courts
,
and
for
that
it
is
hard
to
sue
information
there
,
see
44
Ed.
3.
Tit.
1.
Action
populer
B.
And
though
that
some
Statutes
by
expresse
words
are
,
That
it
is
lawfull
to
sue
for
these
penalties
of
Statutes
,
in
any
Court
of
the
King
,
of
Record
,
this
is
to
be
intended
in
such
Courts
which
have
been
used
,
as
in
the
Common
Bench
,
the
Kings
Bench
,
the
Exchequer
;
and
for
that
the
Statute
of
Acton
Burnell
,
fol.
136.
is
,
That
where
an
Extent
upon
a
Statute
Merchant
is
found
too
high
;
it
is
forthwith
that
the
extenders
shall
answer
,
for
this
is
to
be
intended
at
the
day
of
extent
,
and
not
forthwith
,
2
H.
4.
fol.
19.
So
this
is
taken
by
intendment
,
as
above
,
8
H.
4.
fol.
11.
Also
the
Statute
of
Donis
condicionalibus
,
the
letter
is
,
That
Fine
by
Tenant
in
taile
(
in
right
is
nothing
)
for
that
is
to
be
taken
as
wise
men
have
taken
it
,
that
is
to
say
,
That
the
Issue
in
taile
be
put
to
a
Formedon
,
and
cannot
enter
,
11
H.
6.
fol.
19.
Also
the
Statute
of
the
yeare
8
H.
H.
6.
chap.
10.
is
,
That
upon
Indictment
shall
goe
two
Capias
and
Exigent
,
and
that
the
second
Capias
shall
be
with
Proclamation
,
at
a
place
which
hath
addition
:
If
he
be
Indicted
in
another
County
then
where
he
dwells
,
and
it
be
not
so
,
the
Outlawry
shall
be
void
;
and
this
is
taken
by
this
Booke
of
11
H.
6.
fol.
19.
It
shall
be
avoided
by
Writ
of
Errour
,
and
not
voyd
,
according
to
the
expresse
words
of
the
Statute
.
Also
it
is
not
used
where
Faires
or
Markets
are
granted
,
to
grant
to
the
Lords
of
that
,
forfeiture
of
penall
Statutes
,
that
that
is
not
granted
to
the
Steward
and
Marshall
,
and
for
these
causes
,
Informations
shall
not
be
sued
there
.
Customes
.
It
is
sayd
that
the
fifth
ground
of
the
Law
is
particular
Customes
,
and
for
that
Custome
is
inquirable
by
the
third
Article
,
Doctor
and
Student
,
fol.
20.
And
for
that
it
is
expedient
to
say
some
thing
of
Customes
,
and
first
to
write
such
Customes
to
you
,
which
I
have
seene
allowed
between
Copy-holders
within
Mannours
,
where
I
have
been
at
Courts
.
FIrst
,
Custome
of
some
Mannor
is
,
Custome
in
some
Mannor
is
,
Custome
of
some
Mannor
is
,
Custome
of
some
Mannor
is
,
Custome
of
some
Mannor
is
,
Custome
in
some
Mannor
is
,
Where
surrender
is
of
Copy-hold
made
to
him
and
his
,
that
is
an
Estate
of
Inheritance
in
Fee
by
the
custome
,
though
it
be
not
to
him
and
his
heires
;
And
in
some
Mannor
it
is
to
him
and
his
in
Villainage
,
and
yet
it
is
a
good
Estate
of
Inheritance
by
the
custome
.
Custome
of
some
Mannor
is
,
That
surrender
may
be
made
into
the
hands
of
the
Bailiffe
in
the
presence
of
two
Tenants
witnessing
that
;
and
in
some
Mannor
in
the
hands
of
two
Tenants
,
to
the
use
of
him
to
whom
,
&c.
And
in
some
Mannor
,
in
the
hands
of
one
Tenant
to
the
use
of
him
which
should
have
it
;
and
all
these
are
good
customes
,
and
allowed
.
Custome
of
some
Mannor
is
,
Custome
in
some
Mannor
is
,
Tenant
at
will
by
the
common
Law
,
Custome
of
some
Mannor
is
,
Custome
of
some
Mannor
is
,
Custome
of
some
Mannor
is
,
Custome
of
some
Mannor
is
,
Custome
of
some
Mannor
is
,
that
if
copy-holder
dyes
,
his
heire
within
age
,
the
custome
in
most
Mannors
is
,
that
the
custody
shall
be
committed
by
the
Lord
to
the
next
of
blood
,
to
whom
the
Land
cannot
descend
:
And
in
some
Mannors
,
the
Bailiffe
of
the
Lord
shall
have
the
custody
,
and
render
the
heire
an
account
at
fourteene
years
of
the
profits
;
and
by
the
custome
in
some
Mannor
,
at
fourteene
yeares
,
the
heire
may
choose
to
him
a
Guardian
.
Custome
in
some
Mannor
is
,
Custome
of
some
Mannor
is
,
Custome
of
some
Mannor
is
,
to
pay
but
one
penny
for
releife
,
and
not
more
nor
lesse
,
though
his
Rent
be
ten
shillings
.
Custome
in
some
Mannor
is
,
Custome
of
some
Mannor
is
,
that
if
one
were
no
copy-holder
of
that
Mannor
before
,
and
purchase
Lands
,
at
first
the
Fine
is
arbitrable
and
granted
at
the
will
of
the
Lord
;
but
he
nor
his
heires
after
shall
pay
no
Fine
,
but
shall
be
admitted
free
,
without
paying
Fine
for
all
the
Lands
which
he
after
purchaseth
within
the
Mannor
.
If
a
man
let
to
three
for
life
,
to
have
successively
,
yet
this
is
a
Joynt
Estate
,
and
(
successively
)
is
void
;
but
by
custome
of
copy-hold
(
successive
)
holds
place
,
and
one
shall
have
it
after
the
other
,
30
H.
8.
tit
.
Leases
54.
And
note
that
you
doe
not
say
,
as
many
use
to
say
,
that
there
is
such
a
custome
,
when
they
see
the
Law
to
be
contrary
to
their
intent
,
as
diverse
Stewards
doe
,
when
for
favour
that
they
beare
to
one
party
,
will
ayde
him
by
customes
when
there
is
no
such
custome
to
helpe
him
.
And
I
have
heard
a
Steward
say
,
By
the
custome
of
a
Mannor
a
Wife
is
dowable
,
and
by
the
custome
that
shall
be
assigned
by
the
Homagers
,
without
plaint
in
nature
of
Dower
against
the
Tenant
of
the
Land
,
and
without
answer
of
the
Tenant
,
and
without
any
processe
made
against
him
,
contrary
to
Fortescue
,
fol.
85.
which
is
,
That
none
is
to
be
sued
but
by
the
Law
:
And
the
case
was
this
,
That
the
Husband
before
that
he
tooke
a
Wife
,
made
an
Estate
for
life
,
reserving
Rent
,
and
after
he
took
a
Wife
and
dyed
,
so
that
by
the
Law
the
Wife
is
not
Dowable
of
the
Land
;
much
more
,
shee
shall
not
be
assigned
there
by
the
Homagers
;
but
saith
the
Steward
in
such
a
case
,
shee
is
by
the
custome
of
this
Mannor
dowable
in
this
case
;
and
such
blinde
and
unreasonable
customes
are
alleadged
many
times
amongst
copy-holders
,
where
there
is
no
President
nor
usage
in
this
case
to
be
shewed
.
But
you
ought
not
to
allow
any
custome
,
but
that
which
hath
been
used
from
time
to
time
,
and
from
time
out
of
minde
,
and
there
ought
to
be
Presidents
in
the
Court-Rolls
,
or
good
proofe
of
that
to
be
shewed
to
the
Court
accordingly
,
otherwise
it
is
not
to
be
allowed
for
a
custome
.
And
for
that
,
that
you
ought
to
note
,
what
custome
ought
to
have
lawfull
beginning
,
as
might
take
lawfull
effect
by
Grants
at
the
beginning
,
for
if
it
be
against
common
right
and
reason
,
it
is
not
good
;
and
for
that
you
ought
to
regard
these
Grounds
and
Customes
.
FIrst
,
That
it
be
reasonable
,
2
H.
4.
tit
.
10.
And
for
that
custome
that
no
Tenant
of
the
Mannor
,
put
in
his
Beasts
,
to
use
his
common
in
Feilds
sowed
,
after
the
corne
is
taken
off
,
till
the
Lord
hath
first
put
in
his
Beasts
,
is
not
good
;
for
it
may
be
the
Lord
will
not
put
in
his
Beasts
,
and
then
the
Tenants
shall
loose
their
profits
.
Also
that
it
be
according
to
common
right
,
42
Ed.
3.
fol.
4.
Prescription
of
the
Sheriffe
,
that
the
Tenants
of
the
place
,
ought
to
give
to
the
Sheriffe
for
easement
,
for
reward
at
the
Turne
of
the
Sheriffe
,
halfe
a
Marke
,
and
this
is
against
common
right
,
for
every
gift
cometh
upon
his
liberality
,
and
at
the
will
of
the
giver
;
and
for
that
it
is
not
good
;
and
also
saith
,
that
the
Sheriffe
cannot
prescribe
.
Also
that
it
be
upon
good
consideration
,
42
Ed.
3.
fol.
4.
In
the
case
next
before
,
where
the
Sheriffe
prescribes
,
for
that
that
there
is
nothing
which
toucheth
the
King
,
of
which
he
is
charged
in
account
,
it
is
not
good
,
for
there
is
no
consideration
:
And
as
5
H.
7.
fol.
9.
prescription
,
that
if
any
pasture
Sheep
upon
his
Land
by
day
,
that
hee
may
have
Foldage
of
them
in
the
night
upon
his
Land
,
it
is
good
,
for
it
is
with
consideration
.
And
you
ought
to
note
,
that
prescription
,
custome
,
and
usage
,
are
as
Brothers
,
and
yet
some
thing
they
differ
in
their
natures
,
for
Prescription
is
,
when
by
continuance
of
time
out
of
memory
,
one
particular
person
hath
particular
right
against
another
particular
person
.
And
custome
is
,
where
by
continuance
of
time
out
of
memory
,
one
right
is
had
concerning
diverse
persons
;
and
usage
is
,
by
continuance
of
time
,
the
efficient
cause
of
them
both
,
and
usage
is
the
life
of
Prescription
and
custome
;
for
Prescription
and
custome
have
their
being
by
usage
of
time
out
of
mind
,
&c.
Custome
or
prescription
that
every
one
which
breaks
the
Lords
pound
shall
pay
three
pound
nine
pence
,
is
not
good
against
a
Stranger
to
the
Lord
,
but
that
every
tenant
which
breakes
the
pound
shall
pay
three
pound
nine
pence
to
the
Lord
,
is
good
,
for
the
Lord
may
give
the
Tenements
of
his
Tenant
to
hold
by
such
,
&c.
11
H.
7.
fol.
14.
So
that
at
the
beginning
the
Lord
may
create
these
customes
aforesaid
amongst
copy-holders
.
Custome
to
prescribe
to
have
used
fold-gate
in
the
night
for
pasture
in
the
day
,
is
good
,
for
it
is
(
one
for
another
)
and
it
is
with
common
right
,
5
H.
7.
f.
9.
Custome
that
the
Tenant
of
time
out
of
minde
,
hath
used
to
pay
so
much
for
the
Marriage
of
his
Daughter
,
is
good
43
Ed.
3.
and
6.
but
Littleton
fol.
46.
contrary
.
Custome
or
prescription
against
common
Right
,
is
not
good
,
and
for
that
,
that
it
hath
been
used
in
Leet
,
that
if
the
petty
twelve
present
false
,
and
the
other
twelve
inquire
of
that
,
and
finde
that
false
,
shall
be
amerced
,
is
not
good
,
the
same
Law
for
the
Lord
of
the
Leet
,
which
hath
no
Land
to
prescribe
to
be
Lord
of
Waste
,
9
H.
6.
fol.
44.
Custome
or
prescription
of
folding
Sheep
in
the
night
gathered
to
the
Fold
,
is
not
good
,
unlesse
it
be
as
above
for
their
pasture
,
46
Ed.
3.
fol.
13.
Custome
or
prescription
that
one
may
keep
the
distresse
till
he
be
satisfied
at
his
Will
,
is
not
good
,
for
it
is
against
common
right
,
Lit.
fol.
46.5
.
H.
7.9
.
Custome
or
prescription
,
that
one
shall
have
the
Land
to
plow
and
sow
,
and
when
the
Corn
is
carryed
,
another
may
have
that
as
his
severall
,
is
good
,
time
of
Ed.
2.
Tit.
prescription
,
55.
Custome
or
prescription
to
have
Toll
through
,
which
is
in
the
high-way
is
not
good
,
for
it
is
against
common
Right
,
but
to
have
Toll
travers
,
is
good
,
22
Book
of
Assise
,
58.
Custome
or
prescription
to
have
Warren
in
his
Signiory
Lands
is
good
,
but
not
of
Lands
which
are
not
held
of
him
,
3.
H.
6.13.43
.
Ed.
3.13
.
and
see
44
Ed.
3.13
.
Custome
is
good
which
is
not
against
the
Law
of
Reason
nor
the
Law
of
God
,
as
customes
of
Gavelkinde
,
and
Borough
English
,
and
Doctor
and
Student
,
fol.
20.
B.
Custome
that
every
Tenant
of
the
Mannor
,
ought
to
pay
two
Markes
for
Releife
,
hold
they
more
or
lesse
,
is
good
,
40
Ed.
3.
f.
6.
Custome
that
the
Tenants
of
the
Mannor
time
out
of
minde
,
have
used
to
choose
a
Beadle
for
them
,
to
gather
the
Lords
Rents
,
is
good
,
44
Ed.
3.
fol.
13.
Custome
that
none
of
the
Town
of
D.
shall
put
in
their
Beasts
into
the
Feild
after
the
corn
taken
off
,
untill
the
Feast
of
S.
Michaell
is
a
good
custome
of
the
Town
,
after
46
Ed.
3.
fol.
24.
But
custome
that
none
shall
put
his
Beasts
into
the
Feilds
after
the
corn
severed
and
carryed
,
before
the
Lord
put
in
his
Beasts
is
not
good
,
for
paradventure
the
Lord
will
never
put
in
his
Beasts
,
2
H.
4.24
.
Custome
of
the
Town
of
Barton
,
or
of
a
Mannor
,
that
a
Wife
shall
have
all
the
Land
of
her
Husband
for
her
dower
,
or
a
halfe
,
or
fourth
part
,
is
a
good
custome
,
2
Ed.
4.17
.
and
21
Ed.
4.
fol.
64.
by
Choke
.
It
is
held
that
custome
,
throughout
the
whole
Kingdome
is
common
Law
,
and
one
cannot
prescribe
that
it
is
a
custome
throughout
the
whole
Kingdome
,
but
it
is
a
custome
in
such
a
City
or
such
a
County
,
34
H.
8.
Tit.
custome
59.30
Ed.
3.25
.
2
H.
4.
fol.
18.
custome
of
County
,
21
Ed.
4.54
.
Custome
of
the
Town
which
is
no
Burrough
nor
corporation
allowed
there
,
but
see
,
4
Ed.
3.38
.
in
a
reasonable
part
,
and
see
21.
Ed.
4.
f.
53.
and
54.40
Book
of
As.
27.
and
45
As.
48.
against
the
custome
of
the
Villiage
.
That
he
hath
been
by
prescription
the
keeper
of
a
Wood
,
and
custome
to
have
of
every
comer
a
measure
of
work
,
or
three
pence
,
and
of
every
one
which
hath
a
Gate
into
the
Wood
,
a
Hen
is
a
custome
allowed
,
11
H.
6.2
.
Custome
or
prescription
to
have
House-boote
in
the
Lords
Wood
,
is
good
,
but
not
to
have
Wood
to
sell
,
11
H.
6.
f.
11.
Custome
that
within
the
Mannor
of
D.
the
Wife
shall
have
the
whole
Land
of
her
Husband
in
Dower
,
whilest
he
is
unmarried
,
and
if
she
marry
,
that
she
shall
forfeit
that
,
is
good
and
allowable
,
21
Ass.
11.
Custome
that
a
Woman
covert
may
demise
and
surrender
her
Copy-hold
to
the
use
of
her
Husband
,
this
custome
is
not
allowable
;
but
custome
that
an
Infant
at
his
age
of
discretion
may
surrender
his
copy-hold
,
that
is
good
;
but
contrary
of
an
Infant
within
age
of
discretion
to
make
a
surrender
.
21
H.
7.
fol.
26.
Lord
to
prescribe
that
every
Tenant
of
his
Mannor
ought
to
Impound
distresse
▪
taken
within
his
Mannor
,
in
his
Pound
,
is
not
good
,
for
he
may
Impound
in
his
owne
Land
.
8
Ed.
4.
fol.
19.
Those
which
are
Fishets
in
the
Sea
,
may
prescribe
to
goe
upon
the
Land
adjoyning
to
the
Sea
to
Fish
,
for
that
is
for
the
Common
wealth
,
but
to
digg
to
fix
the
Stakes
to
dry
their
Nets
,
is
against
common
right
,
and
is
not
good
.
21
Ed.
4.
tit
.
50.
Custome
to
turne
his
Plough
upon
the
head-land
of
another
,
is
a
good
custome
.
40
Edw.
3.
fol.
9.
Custome
to
pay
to
the
Lord
five
Marks
for
Releife
,
and
not
more
,
hold
he
more
or
lesse
,
is
good
.
44
Ed.
3.
fol.
13.
Custome
that
the
Tenants
ought
to
choose
a
Beadle
amongst
them
,
to
geather
the
Lords
Rents
,
is
good
.
2
Mar.
tit
.
Prescription
,
B.
100.
Custome
may
be
alleadged
,
where
there
is
no
person
that
may
prescribe
,
as
Inhabitants
cannot
prescribe
,
but
alleadge
custome
there
,
to
have
Common
in
D.
for
one
goes
with
the
person
and
another
with
the
place
;
and
prescription
with
the
person
,
by
21
H.
7.
fol.
13.
that
is
,
That
all
the
Tenants
have
used
to
pay
after
their
death
a
Harriot
,
is
not
good
,
but
that
the
Lord
hath
used
to
have
after
the
death
,
&c.
he
may
prescribe
.
18
H.
8.
fol.
2.
Inhabitants
,
by
Fitzherbart
,
cannot
prescribe
to
have
Common
;
but
the
Lord
may
prescribe
for
him
and
his
Tenants
,
&c.
of
time
out
of
minde
,
&c.
7
Ed.
4.
fol.
24.
It
seemes
that
Inhabitants
cannot
prescribe
to
Intercommon
,
because
of
Neighbourhood
,
but
Inhabitants
may
prescribe
to
have
easement
;
that
is
to
say
,
That
they
have
a
way
,
or
other
thing
of
easement
,
but
not
to
take
profit
.
12
Ed.
4.
fol.
2.
It
seemes
by
Catesby
,
that
the
Inhabitants
of
D.
may
prescribe
,
that
they
have
used
to
pay
but
three
pence
for
Toll
.
18
Ed.
4.
fol.
3.
It
is
sayd
,
that
the
Inhabitants
of
D.
cannot
prescribe
that
they
have
used
to
have
Common
in
anothers
Freehold
,
but
that
they
have
used
to
have
a
way
,
15
Ed.
fol.
28.
the
same
.
40
Ed.
4.
fol.
18.
Schollers
of
Oxford
,
and
Justices
of
Assise
may
prescribe
to
have
principall
of
Houses
,
notwithstanding
they
are
not
corporate
,
for
that
they
are
for
the
Common
wealth
.
26
H.
8.
fol.
6.
Parishoners
may
prescribe
to
choose
two
Church-wardens
of
a
Church
,
every
yeare
,
and
good
.
11
Ed.
4.
fol.
2.
Serjeants
at
the
Law
may
prescribe
that
they
have
used
to
be
Impleaded
by
Originall
,
and
not
by
Bill
,
and
so
prescribe
in
usage
.
20
Ed.
4.
fol.
ult
.
Officer
which
hath
his
Office
at
will
,
may
prescribe
,
as
Cheife
Justice
of
the
Bench
,
and
other
,
which
have
used
to
give
Offices
.
22
Ed.
4.
fol.
18.
The
Lord
Chancellor
of
England
,
which
is
at
will
may
prescribe
in
usage
;
that
is
,
to
present
to
all
Benefices
under
forty
Marks
,
which
are
in
the
Kings
right
;
but
he
ought
to
prescribe
in
his
Office
;
that
is
,
that
all
Chancellors
,
&c.
and
so
many
Justices
prescribe
,
20
H.
6.
fol.
9.
the
same
.
12
H.
7.
fol.
14.
Officers
may
prescribe
that
they
and
all
the
Officers
whose
Estate
,
&c.
Have
used
and
so
forth
,
&c.
Note
how
one
shall
have
a
Rent
or
a
thing
which
cannot
be
granted
without
Deed
by
prescription
.
13
Book
of
Ass
.
4.
Rent
was
recovered
by
Verdict
in
Assise
,
where
the
Assise
found
,
that
he
and
those
whose
Estate
he
hath
,
were
seised
of
time
out
of
minde
,
and
so
note
,
Rent
recovered
by
title
of
prescription
,
and
the
party
shews
a
deed
by
which
he
purchased
the
Rent
,
but
not
a
Deed
of
the
beginning
of
it
.
Littleton
fol.
34.
saith
,
Such
things
which
cannot
be
granted
nor
aliened
,
without
Deed
or
Fine
,
a
man
which
will
have
things
by
prescription
,
he
cannot
otherwise
prescribe
,
but
in
him
and
his
Ancestors
whose
Heire
he
is
,
and
not
in
him
,
and
those
whose
Estate
he
hath
,
for
that
,
that
he
cannot
have
his
Estate
without
Deed
or
other
writing
,
which
he
ought
to
shew
.
12
H.
7.
fol.
14.
One
avows
for
that
,
that
he
and
all
those
whose
Estate
he
hath
in
the
Hundred
have
view
of
Frank
pledge
,
and
that
by
reason
of
ten
Acres
within
that
,
he
ought
to
make
Suite
at
the
view
,
&c.
22
Book
of
Ass
.
53.
Ass.
One
makes
Title
to
Rent
,
that
he
and
his
Ancestors
,
Lords
of
the
Mannor
of
D.
and
those
whose
Estate
he
hath
,
of
time
out
of
minde
,
have
used
the
Rent
,
and
this
is
good
without
shewing
a
Deed
of
purchase
of
that
,
being
appurtenant
to
the
Mannor
.
11
H.
6.
f.
14.
To
say
that
he
is
seised
of
a
Messuage
,
and
twenty
Acres
,
and
to
prescribe
that
he
and
all
those
,
&c.
have
used
House-boote
and
Wood
to
sell
,
it
is
not
good
,
to
prescribe
to
sell
it
.
Custome
shall
be
taken
strictly
.
Custome
of
London
is
,
that
a
Citizen
and
a
Free-man
may
devise
in
Mortmaine
,
but
a
Citizen
which
is
a
forrainer
,
cannot
devise
in
Mortmain
,
for
it
shall
be
taken
strictly
,
5
H.
7.
f.
10.
5
H.
7.
fol.
41.
Custome
that
an
Infant
of
the
age
of
fifteen
years
may
make
a
Feoffment
,
yet
a
Lease
and
Release
which
mounts
to
so
much
,
is
not
good
.
22
Ed.
4.
Tit.
17.
Infant
by
custome
of
Gavelkinde
at
the
age
of
fifteen
may
make
a
Feoffment
,
yet
he
cannot
make
a
Will
upon
the
same
Feoffment
,
for
custome
shall
be
taken
strictly
.
Perkins
f.
83.
Where
the
custome
is
,
that
the
Wife
shall
have
halfe
the
Lands
of
her
Husband
for
her
Dower
,
yet
shee
shall
not
have
the
halfe
of
a
Faire
or
a
Bailiwick
,
for
they
are
not
Lands
and
shall
be
taken
strictly
.
38
Ass.
18.
By
the
custome
of
London
a
Citizen
may
devise
Lands
which
are
within
the
same
City
in
Mortmain
,
but
not
Lands
out
,
and
Forrainer
cannot
devise
Land
in
London
in
Mortmaine
.
Costs
against
the
Plaintiffe
.
THat
in
every
Court
in
trespasse
upon
the
Statute
of
,
5
R.
3.
chap.
7.
Debt
,
covenant
by
specialty
or
upon
contract
,
Detinue
of
Goods
,
account
,
action
upon
the
case
,
or
upon
the
Statute
,
for
personall
wrong
ought
to
be
remedied
,
if
after
appearance
of
the
Defendant
the
Plaintiff
be
nonsuited
or
a
Verdict
passe
against
him
,
the
Defendant
shall
recover
his
costs
,
23
H.
8.
chap.
15.
If
any
be
troubled
by
attachment
or
arrested
by
Latitat
,
or
in
London
,
or
in
a
Court
which
hath
liberty
to
hold
Plea
,
and
no
Count
be
put
in
within
three
daies
after
the
Baile
put
in
,
otherwise
appeares
(
unlesse
the
Court
of
discretion
gives
longer
day
)
the
Defendant
shall
recover
costs
and
dammages
,
the
same
Law
is
if
a
Suite
be
discontinued
after
Count
,
or
that
the
Plaintiff
be
non-suited
,
then
the
Defendant
forthwith
by
discretion
of
the
Court
shall
recover
costs
,
and
the
Statute
gives
Debt
for
the
costs
,
8
Eliz.
Chap.
2.
But
one
arrested
by
Bill
of
Middlesex
,
shall
not
recover
costs
though
the
Plaintiff
do
not
count
to
be
nonsuited
.
If
a
matter
passe
against
an
Informer
by
Verdict
or
Judgment
,
the
party
shall
have
costs
,
and
shall
have
execution
by
a
Capias
to
satisfie
fieri
facias
,
or
Elegit
,
but
these
two
last
Statutes
do
not
extend
to
a
Court-Baron
,
18
Eliz.
C.
5.
22
H.
8.
B.
Tit.
Costs
25.
in
(
quare
impedit
)
the
Plaintiff
shall
not
recover
costs
,
for
that
the
dammages
are
great
,
35
H.
8.
Tit.
258.
2
Ma.
Tit.
Costs
23.
Debt
by
Lessor
,
if
he
be
non-suted
or
bar'd
,
the
Defendant
shall
recover
costs
by
the
Statute
,
for
it
is
upon
a
contract
for
Rent
.
2
H.
7.
f.
13.
Account
,
the
Plaintiff
shall
not
recover
costs
,
but
where
the
Defendant
is
adjudged
to
account
,
and
pleads
Barr
,
&c.
It
is
otherwise
.
9
H.
6.
fol.
66.
He
shall
not
recover
costs
,
for
that
the
dammages
are
tremble
by
the
Statute
,
14
H.
6.
fol.
13.
forcible
entry
the
same
.
In
London
by
act
of
common
Councell
in
trespasse
by
force
of
Armes
,
and
in
all
other
Actions
personalls
,
if
the
Plaintiff
be
non-suited
,
or
a
Verdict
against
him
,
and
Judgment
upon
it
,
or
Judgement
upon
demur
against
him
,
the
Defendant
shall
recover
his
costs
by
discretion
of
the
Court
,
but
if
the
Plaintiff
sue
as
Executor
or
Administrator
,
which
is
not
upon
his
own
act
,
the
Defendant
there
shall
not
recover
costs
,
and
yet
trespasse
(
by
force
of
Armes
)
is
not
within
the
Statute
,
23
H.
8.
chap.
14.
to
have
costs
.
Damages
.
IT
seems
if
one
take
my
Beasts
,
and
after
they
return
to
me
again
,
I
shall
have
trespasse
for
taking
,
but
upon
the
evidence
I
shall
not
recover
the
value
,
though
the
value
be
in
the
Writ
,
11
H.
4.
fol.
23.
1
H.
6.
fol.
8.
19
H.
6.
fol.
34.
In
what
plaints
Damages
shall
be
recovered
in
Court-Barons
,
and
in
what
cases
in
Court-Barons
and
other
Courts
,
and
in
what
not
.
-
In
plaint
in
nature
of
-
Assise
of
novell
disseisin
,
-
Grandfather
and
Great
Grandfather
.
-
Entry
by
disseisin
,
-
Dower
,
-
Nuper
obiit
,
-
Mortdancester
.
-
Cozenage
.
-
Replegiare
.
-
Covenant
.
-
Debt
.
-
Action
upon
the
Case
.
-
Deceit
and
trespasse
.
Damages
and
costs
shall
be
recovered
by
the
Plaintiffe
.
Eight
Marks
were
given
in
plaint
of
Land
in
Court-Baron
,
Plowdens
Commentaries
,
f.
394.
B.
If
any
avow
for
Rent
,
or
doing
damage
,
custome
,
or
service
,
if
the
Plaintiffe
be
non-suited
,
or
otherwise
barred
,
then
the
Avowant
shall
recover
damages
and
costs
,
as
the
Plaintiffe
ought
:
See
19
H.
8.
fol.
8.
&
12
H.
8.
chap.
19.
Rast.
tit.
Avowry
1.
Discent
.
THen
for
that
,
that
the
second
Article
,
is
to
inquire
who
is
Tenant
,
and
what
advantage
the
Lord
shall
have
by
the
death
of
his
Tenant
:
It
behoveth
to
know
,
who
is
in
by
discent
to
be
your
Tenant
,
that
you
may
know
of
whom
to
have
releife
,
and
who
to
be
in
Ward
,
and
who
not
,
and
who
shall
be
sayd
in
by
discent
,
and
where
by
purchase
,
and
where
hee
shall
not
be
in
by
discent
.
Gift
to
one
in
taile
,
remainder
to
the
right
heires
of
J.
S.
which
was
dead
.
T.
S.
hath
that
as
right
heire
,
and
is
in
by
purchase
,
and
shall
not
pay
releife
,
nor
be
in
ward
,
40
Ed.
3.9
.
&
32
Ed.
3.
Fitzh
.
Discent
8.
Lord
and
Tenant
,
the
Tenant
aliens
in
Mortmain
,
and
the
Alience
is
disseised
and
the
Disseisor
dyeth
seised
,
his
Heire
is
in
by
discent
yet
the
Lord
may
enter
within
the
yeare
for
he
hath
only
a
Title
to
enter
and
cannot
have
an
action
,
but
contrary
of
him
that
hath
right
of
entry
and
may
have
action
,
1
Ed.
6.
Tit.
Mortmaine
6.
Bro.
Lease
for
life
,
the
remainder
to
the
right
Heires
of
J.S.
the
Tenant
for
life
dies
,
living
J.S.
the
remainder
is
void
and
J.S.
nor
his
Heires
shall
not
be
said
in
by
discent
to
pay
releife
,
nor
otherwise
shall
have
the
Land
as
purchasor
,
9
H.
6.
f.
24.
Perkins
f.
12.
the
same
.
Lease
for
life
the
remainder
to
the
right
Heires
of
J.S.
and
J.S.
dies
,
Tenant
for
life
hath
aid
of
T.S.
Son
and
Heire
of
J.S.
and
though
he
were
within
age
,
he
shall
not
have
his
age
,
and
shall
not
pay
releife
nor
be
in
ward
if
they
hold
by
Knight
service
and
be
within
age
,
for
that
he
is
in
as
a
Purchasor
,
11
H.
4.
f.
74.
Lease
for
life
the
remainder
to
another
in
taile
,
which
dies
his
Issue
within
age
,
and
after
the
Tenant
for
life
dies
,
the
Issue
is
in
by
discent
,
and
if
he
be
within
age
and
hold
by
Knight
service
,
he
shall
be
in
ward
to
the
Donor
,
33
H.
6.
f.
5.
And
for
that
,
that
in
the
said
second
Article
of
Charge
,
you
ought
to
inquire
if
any
Tenant
be
dead
,
who
is
his
next
Heire
.
Let
us
now
see
where
a
Woman
is
with
child
at
the
time
of
the
death
of
her
Husband
Tenant
,
and
by
whom
she
shall
be
Judged
with
child
,
and
who
shall
be
said
in
after
the
death
of
the
Husband
as
Heire
,
and
shall
be
Tenant
to
the
Lord
,
and
who
not
.
IF
the
Husband
Tenant
dye
seised
,
and
his
Wife
with
Child
,
and
a
Brother
of
the
Husband
enter
as
Heire
as
he
may
,
and
after
Issue
is
born
,
this
Issue
is
Heire
to
the
Husband
,
and
Tenant
to
the
Lord
,
and
not
the
Brother
,
though
he
were
Tenant
and
Heire
before
the
Issue
was
borne
,
41
Ed.
3.
fol.
11.
A
man
Tenant
hath
a
Daughter
,
his
Wife
with
child
with
a
Son
,
and
makes
a
Feoffment
upon
condition
and
dies
,
and
the
Daughter
enters
for
the
condition
,
&c.
and
after
the
Son
is
born
,
this
Son
shall
not
be
Heire
nor
Tenant
of
this
Land
,
the
same
Law
is
where
there
is
a
Lease
for
life
,
the
remainder
to
the
right
Heires
of
J.S.
Tenant
for
life
dies
,
the
Daughter
enters
,
and
after
the
Son
is
born
,
he
shall
not
be
Heire
and
Tenant
of
that
Land
,
9
H.
7.
f.
25.
Plow.
f
56.
Daughter
enters
after
the
Death
of
her
Father
Tenant
,
and
takes
profits
,
and
after
the
Son
with
which
the
Wife
was
with
child
,
is
borne
,
he
may
enter
and
have
that
as
Heire
,
and
shall
be
in
by
discent
and
Tenant
,
but
hath
no
remedy
for
the
profits
taken
by
the
Daughter
before
he
was
born
,
9
H.
6
fol.
26.
If
a
Woman
Tenant
seised
in
Fee
hath
a
Daughter
,
and
being
with
Child
with
a
Son
,
the
Husband
dies
,
and
after
the
Wife
is
ravished
,
and
consents
to
the
Ravishor
,
and
the
Daughter
enters
by
the
Statute
as
next
of
blood
,
as
she
may
,
and
after
the
Son
is
born
he
cannot
enter
upon
the
Daughter
and
be
Heire
,
and
Tenant
to
the
Lord
,
Plowd
.
Com.
f.
56.
5.
Ed.
4.
f.
6.
By
Tearmes
of
the
Law
thirty
,
and
Wilby
,
if
a
man
Tenant
seised
of
Land
in
Fee
,
dies
seised
,
his
Wife
privily
being
with
Child
with
a
Son
,
and
another
man
marryes
her
,
and
after
the
Son
is
born
,
he
shall
be
adiudged
the
Son
of
the
second
Husband
and
not
of
the
first
Husband
,
and
shall
be
Tenant
to
the
Lord
,
of
the
Land
of
the
second
Husband
,
and
Berrey
Justice
said
,
that
the
Infant
might
choose
which
he
would
for
his
Father
,
21
Ed.
3.
f.
39.
Otherwise
it
is
,
if
she
had
been
great
with
Childe
.
If
a
Woman
be
with
Child
by
her
Husband
Tenant
,
or
by
another
,
it
shall
not
be
tryed
,
but
if
she
be
with
Child
at
the
time
of
the
death
of
her
Husband
or
not
,
shall
be
in
Issue
,
for
by
,
1
H.
6.
f.
3.
If
the
Wife
of
J.S.
go
away
with
an
Adulterer
,
and
hath
Issue
,
if
J.S.
her
Husband
be
within
the
foure
Seas
,
the
Issue
is
Heire
of
J.S.
for
by
whom
the
Woman
is
with
Child
it
cannot
be
tried
,
and
for
that
it
shall
be
intended
by
J.S.
41
Ed.
3.
f.
11.
and
7.
H.
4.
f.
9.
the
same
.
If
a
man
marry
a
Wife
which
is
great
with
Child
by
another
man
,
and
within
three
daies
after
Marriage
she
is
delivered
,
and
the
Husband
dies
the
Issue
is
lawfull
,
and
Heire
and
Tenant
to
the
Lord
,
and
no
Bastard
,
18.
E.
4.
f.
30.
a.
24
H.
8.
Br.
Title
Bastardy
44.
it
was
said
if
a
man
marry
his
Cozen
within
the
degrees
of
Marryage
,
and
have
Issue
and
are
divorced
in
their
lives
,
and
by
that
the
Marriage
is
avoided
,
and
the
Issue
is
Bastard
,
contrary
if
one
dye
before
the
Divorce
.
21
H.
7.
f.
41.
If
a
Deacon
takes
a
Wife
and
hath
Issue
,
this
Issue
is
no
Bastard
;
otherwise
it
is
of
a
Marriage
between
a
Fryer
and
a
Nunn
if
they
have
Issue
.
11
H.
4.
fol.
76.
Sayd
by
our
Law
,
if
one
marry
his
Cozen
,
their
Issue
is
no
Bastard
,
till
they
are
divorced
,
but
shall
take
by
Discent
.
42
Ed.
3.
fol.
11.
If
a
man
marry
a
Wife
,
and
living
that
Wife
,
marry
another
,
and
hath
Issue
by
the
second
,
this
Issue
is
a
Bastard
,
notwithstanding
that
the
first
Wife
after
dies
,
and
shall
not
take
by
Discent
.
For
that
,
that
in
the
same
second
Article
of
Charge
,
it
is
inquired
if
any
Tenant
of
the
Lord
be
dead
,
who
is
Heire
and
Tenant
to
the
Lord
,
let
us
now
see
where
the
halfe
blood
is
impediment
,
and
where
not
.
TEnant
gives
Land
to
the
Father
for
life
,
remainder
to
Rich.
his
Son
in
taile
.
The
remainder
to
the
right
Heire
of
the
Father
,
the
Father
dies
,
Rich.
enters
and
dies
without
Issue
of
his
Body
,
his
Brother
of
the
halfe
blood
shal
have
the
Land
and
not
the
Uncle
of
Rich.
and
shall
be
Tenant
,
and
the
halfe
blood
is
no
impediment
,
39
E.
3.
tit.
5.
A
man
Tenant
had
Issue
by
two
severall
Bellyes
and
dies
,
the
eldest
Son
enters
and
endowes
his
Mother
,
the
Heire
dies
without
Issue
,
the
Tenant
in
Dower
dies
,
the
youngest
Son
of
the
halfe
blood
shall
inherit
it
,
and
shall
be
Tenant
,
7
H.
5.
f.
2.
58.
Assises
6.
accordingly
.
Father
seised
of
an
Advowson
in
grosse
hath
a
Son
and
Daughter
by
one
Belly
,
and
a
Son
by
another
and
dies
,
and
the
eldest
dies
before
presentment
,
the
youngest
Son
shall
be
Heir
,
and
the
half
blood
is
no
impediment
,
3
H.
7.
f.
5.
Fitzh
.
f.
36.
O.
If
the
Father
Tenant
hath
a
Son
and
a
Daughter
by
one
Belly
,
and
a
Son
by
another
,
and
lets
to
one
for
life
and
dies
,
and
the
Reversion
is
discended
to
his
eldest
Son
,
which
dies
before
the
Tenant
for
life
,
this
is
no
possession
,
that
the
Daughter
shall
have
the
Land
,
but
the
Son
of
the
halfe
blood
shall
be
Tenant
to
the
Lord
,
but
if
reversion
of
tearm
of
yeares
were
in
the
eldest
Son
which
dies
before
the
Tearm
ended
,
the
Daughter
shall
have
the
Land
,
and
shall
be
Tenant
to
the
Lord
,
and
not
the
Son
for
halfe
blood
is
impediment
,
5
Ed.
4.
f.
9.
But
in
the
case
next
before
,
where
there
is
a
Rent
reserved
upon
the
Estate
for
life
by
the
Father
,
and
the
eldest
hath
the
reversion
and
Rent
and
dies
,
the
Daughter
there
shall
inherit
,
and
the
halfe
blood
is
an
impediment
to
the
Son
to
be
Heire
and
Tenent
,
yet
if
the
Father
dies
,
and
the
eldest
Son
dies
before
payment
of
Rent
,
there
it
is
otherwise
,
35
Book
of
Ass.
2.
If
a
man
Tenant
hath
Issue
two
Daughters
by
severall
Bellies
and
dies
,
and
they
enter
and
make
division
betwixt
them
,
if
one
dye
without
Heire
generall
or
speciall
her
part
shall
escheate
to
the
Lord
,
and
not
discend
to
the
Sister
of
the
halfe
blood
,
but
if
that
Sister
hath
an
Uncle
it
ought
to
discend
to
him
,
and
if
he
enter
and
dies
without
Issue
,
it
shall
discend
to
the
Sister
of
the
halfe
blood
,
see
,
Littleton
fol.
3.
Natura
brevium
fol.
10.
If
a
man
Tenant
hath
three
Daughters
by
on
Belly
,
and
a
Daughter
by
another
and
dies
,
and
the
foure
Daughters
enter
,
and
two
of
them
by
the
first
Belly
dye
,
now
the
third
of
the
whole
blood
shall
have
three
parts
,
and
shall
be
Tenant
of
that
to
the
Lord
,
10
Ed.
3.
Tit.
13.
and
10
Ass.
27.
accordingly
.
Note
that
the
possession
of
a
Brother
to
make
the
Sister
inheritor
,
and
not
the
Son
of
the
halfe
blood
,
is
only
of
fee
,
and
not
of
fee
taile
,
32
Ed.
3.
Tit.
8.37
Book
of
Ass.
15.
accordingly
.
If
the
Donee
in
taile
have
a
Son
and
a
Daughter
by
one
Belly
,
and
a
Son
by
another
and
dies
,
and
the
Son
of
the
first
Belly
enter
,
and
dies
seised
without
Issue
,
the
Son
of
the
second
Belly
shall
be
Heire
and
Tenant
to
the
Donor
,
and
not
〈◊〉
the
Daughter
,
Natura
brevium
,
fol.
147.
If
a
man
hath
a
Son
and
a
Daughter
by
one
Belly
,
and
a
Daughter
by
another
,
and
Lands
are
given
to
the
Father
for
life
,
the
remainder
to
the
Son
in
taile
,
the
remainder
to
the
right
Heires
of
the
Father
,
the
Father
dies
and
the
Son
enters
and
dies
without
Issue
,
the
two
Daughters
shall
be
Heires
and
Tenants
to
the
Lord
,
for
the
Son
was
not
actually
seised
of
the
Fee
,
5
Ed.
1.
Tit:
14.32
Ed.
3.
Tit.
9.24
.
Ed.
3.
fol.
24.
and
37.
Book
of
Ass.
4.
accordingly
.
The
possession
of
the
Brother
,
of
Lands
held
by
Knights
service
,
there
the
possession
of
the
Guardian
,
if
the
Son
dyes
in
Ward
,
is
possession
of
the
heire
to
make
the
Sister
inherite
,
and
to
be
Tenant
to
the
Lord
,
and
not
the
Son
of
the
halfe
blood
,
8
Ed.
3.
tit.
12.
and
8
Booke
of
Ass.
6.
accordingly
.
Lands
discends
to
two
Coparceners
,
which
are
by
severall
bellies
,
and
one
dye
before
entry
into
the
Land
,
the
other
shall
have
Mortdancester
,
as
heire
of
her
Father
of
the
whole
Land
,
for
that
,
that
the
other
was
never
seised
,
34
Book
of
Assises
10.
Escheats
.
Where
it
shall
Escheat
and
not
discend
,
and
where
not
.
And
for
that
in
the
same
second
Article
is
also
inquirable
what
advantage
the
Lord
may
have
by
the
death
of
his
Tenant
,
that
is
to
say
,
Ward
,
or
Escheat
:
Now
let
us
see
what
is
impediment
by
attainder
,
and
otherwise
,
that
the
Issue
of
the
Lands
in
Fee
,
cannot
be
heire
by
discent
,
not
that
his
Father
and
Mother
were
marryed
,
and
where
the
Lord
shall
have
that
by
Escheat
,
and
where
not
.
IF
an
Infant
of
the
Age
of
seven
or
eight
yeares
marry
a
Wife
,
and
his
Wife
have
Issue
within
one
yeare
or
two
after
marriage
,
this
Issue
shall
not
be
his
heire
,
and
if
he
have
no
other
heire
generall
or
speciall
,
the
Land
shall
Escheat
,
38
Book
of
Assises
,
24.
If
the
Father
being
an
Alien
,
hath
a
Son
,
and
after
the
Father
is
made
Denizen
,
and
after
hath
another
Son
,
and
after
purchase
Lands
and
dyes
,
the
youngest
Son
is
heire
,
and
if
he
dye
without
Issue
,
the
Lord
shall
have
the
Land
by
Escheat
,
and
not
the
eldest
Son
,
for
he
is
an
Alien
,
Doctor
and
Student
,
fol.
12.
The
eldest
Son
is
attaint
of
Felony
in
the
life
time
of
his
Father
,
and
is
hanged
,
the
Father
dyes
,
the
youngest
Son
shall
inherite
,
and
it
shall
not
Escheat
:
But
if
the
eldest
Son
be
attaint
in
the
life
time
of
his
Father
,
and
survive
the
Father
,
the
Land
shall
Escheat
,
20
Booke
of
Assises
2.46
Ed.
3.
tit
.
Discent
6.49
Ed.
3.
fol.
11.
&
31
Ed.
1.
tit.
17.
accordingly
.
If
the
Son
be
attaint
of
Felony
or
Treason
,
and
after
is
pardoned
,
and
after
that
his
Father
dyes
seised
of
land
,
the
Lord
shall
have
that
by
Escheat
,
rather
then
the
Son
,
13
H.
4.
fol.
8.1
E.
3.
lit.
15.
accordingly
:
See
before
that
Doctor
and
Student
,
fol.
25.
Where
the
Husband
is
attaint
of
Felony
,
and
purchase
his
pardon
,
and
after
dyes
,
his
Wife
shall
not
be
endowed
of
Land
,
which
he
had
before
the
attainder
,
but
it
ought
to
Escheat
;
but
of
those
which
he
purchases
after
,
shee
shall
have
Dower
,
and
shall
not
Escheat
,
Littleton
,
fol.
11.
If
the
Husband
seised
of
Land
,
commit
Felony
,
and
after
alien
,
and
after
is
attaint
,
the
Wife
shall
have
Dower
against
the
Feoffee
;
but
otherwise
it
is
if
it
were
Escheated
,
Nat.
bre.
fol.
7.
If
the
Son
be
outlawed
of
Felony
,
in
the
life
time
of
his
Father
,
and
hath
a
pardon
,
and
after
the
Father
dyes
seised
of
Land
,
the
Son
shall
not
have
these
Lands
,
but
the
Lord
by
Escheat
,
though
he
hath
diverse
Sons
,
31
E.
1.
tit.
17.11
H.
4.
fol.
11.
&
22
H.
6.
fol.
38.
The
Father
outlawed
of
Felony
,
purchaseth
a
pardon
,
and
after
purchaseth
Lands
,
the
Son
hee
had
before
the
Felony
may
inherite
them
,
and
the
Lord
shall
not
have
them
by
Escheat
,
9
H.
5.
fol.
9.
If
one
dye
Tenant
to
the
Lord
,
without
heire
generall
or
speciall
,
as
if
the
Tenant
be
disseised
,
and
dyes
without
heire
generall
or
speciall
,
the
Lord
shall
have
the
Escheat
of
this
Land
,
though
he
did
not
dye
seised
,
for
that
,
that
he
dyed
Tenant
,
2
H.
4.
fol.
9.
7
H.
4.
fol.
18.
accordingly
,
32
H.
6.
fol.
31.36
H.
6.
fol.
1.6
H.
4.
fol.
5.
the
same
;
And
Nat.
bre.
fol.
103.
the
same
.
Where
an
Alien
purchases
,
the
King
may
seise
,
11
H.
4.
fol.
25.
&
14
H.
4.
fol.
20.
accordingly
.
And
if
a
Denizen
purchase
,
and
dye
without
Issue
born
within
the
obedience
of
the
Queen
,
this
Land
shall
Escheat
to
the
Lord
.
If
an
English
Tenant
marry
an
Alien
,
she
is
forthwith
upon
the
marriage
,
of
the
Kings
allegiance
,
and
their
Issue
shall
inherite
,
and
it
shall
not
Escheat
,
Abridgement
of
the
Book
of
Assises
,
fol.
39.
Where
there
is
Lord
and
Tenant
,
and
the
Tenant
grants
Rent
charge
,
and
dyes
without
heire
generall
or
speciall
,
the
Lord
shall
have
the
Land
by
Escheat
,
Rastall
,
Escheat
15.
but
hee
shall
hold
it
charged
,
3
Book
of
Ass
.
1.
The
same
Law
is
of
the
Kings
Tenant
,
which
grants
Rent
and
dyes
,
&c.
and
his
heire
in
Ward
by
the
Statute
,
2
&
3
E.
6.
chap.
8.
Lord
and
Tenant
,
the
Tenant
is
disseised
,
and
the
disseisor
dyes
seised
,
and
the
disseisee
dyes
without
heire
,
the
Lord
shall
not
have
that
as
by
Escheat
,
for
I
intend
hee
dyes
not
in
his
Homage
,
32
H.
6.
fol.
31.
B.
Lord
and
Tenant
,
the
Tenant
lets
for
life
,
and
dyes
without
heire
,
though
he
dyed
not
seised
,
the
Lord
shall
have
Escheat
,
2
H.
4.
fol.
9.
If
one
be
attaint
of
high
Treason
,
the
King
shall
have
Escheat
,
of
whomsoever
he
hold
,
notwithstanding
if
it
be
of
petty
Treason
,
the
Lord
shall
have
the
Escheate
,
22
Book
of
Ass.
49.
If
the
Tenant
be
beheaded
for
Felony
,
the
Lord
shall
have
Escheat
,
and
shall
say
(
for
which
he
was
hanged
)
Natura
brevium
,
fol.
100.
8
E.
3.
in
the
Register
,
f.
165.
accordingly
.
If
my
Tenant
within
age
,
alien
to
one
in
Fee
▪
and
within
age
dye
without
heire
,
the
Lord
may
enter
by
Escheat
,
16
E.
3.
tit
.
Statham
,
fol.
84.3
E.
3.
Journey
to
North
:
See
6
H.
4.
fol.
3.
North
:
that
he
cannot
enter
,
but
he
may
have
Escheat
.
It
seemes
that
the
Lord
cannot
enter
by
Escheat
,
where
his
Tenants
entry
is
taken
away
;
as
if
the
Husband
discontinue
,
the
Lands
of
his
Wife
,
and
the
Wife
dyes
without
heire
,
the
Lord
cannot
enter
by
Escheat
,
32
H.
6
fol.
27.
by
Littleton
.
If
a
man
goe
over
the
Sea
without
license
,
and
there
takes
a
Wife
,
and
there
by
her
hath
Issue
,
if
the
Issue
survive
his
Father
,
the
Land
of
the
Father
shall
Escheat
,
22
H.
6.
fol.
38.
by
Newton
.
1
R.
3.
fol.
3.
by
Hussey
,
He
which
is
borne
beyond
the
Sea
,
and
his
Father
and
Mother
were
English
,
that
their
Issue
shall
inherite
by
the
common
Law
,
but
by
the
Statute
aforesaid
it
is
cleer
.
The
same
Law
is
where
an
Alien
borne
,
purchase
lands
of
the
King
before
he
be
made
Denizen
,
or
if
hee
be
a
Denizen
,
and
purchase
Lands
,
and
dyes
without
heire
borne
under
the
obedience
of
the
King
,
there
the
King
shall
have
that
Land
as
Perquisite
,
in
manner
as
Escheat
.
Where
the
Tenant
hath
an
Estate
in
fee
,
and
dyes
without
heire
generall
or
speciall
,
his
Land
shall
Escheat
to
his
Lord
,
Fitzh.
143.
T.
32
H.
6.
fol.
31.
The
Lord
cannot
enter
,
but
where
his
Tenant
might
enter
,
and
for
that
if
the
Husband
and
the
Wife
discontinue
,
and
the
Wife
dyes
without
heire
,
the
Lord
cannot
enter
by
Escheate
:
And
if
the
Tenant
be
disseised
,
and
the
Disseiser
dyeth
seised
,
and
his
heire
enter
,
and
after
the
Disseisee
dyes
without
heire
,
the
Lord
cannot
enter
.
37
H.
6.
fol.
1.
It
seemes
by
Fortescue
,
that
the
Lord
shall
have
Escheat
or
Ward
,
though
his
Tenant
did
not
dye
seised
.
2
H.
4.
fol.
9.
The
Lord
shall
have
a
Writ
of
Escheat
,
though
his
tenant
dyed
not
seised
,
for
if
he
dye
his
tenant
,
that
sufficeth
:
If
my
tenant
lets
for
life
,
and
dyes
without
heire
,
he
doth
not
dye
seised
;
and
yet
the
Lord
shall
have
the
Escheat
,
7
H.
4.
fol.
18.
the
same
.
6
H.
4.
fol.
5.
Lord
and
Tenant
within
age
,
the
Tenant
is
disseised
,
and
dyes
without
heire
,
the
Lord
may
enter
by
Escheat
:
The
same
Law
is
if
he
being
an
Infant
tenant
alien
and
dyes
without
heire
,
the
Lord
shall
have
by
Escheat
.
Fitzh
.
fol.
144.
A.
If
Tenant
in
taile
dye
without
heire
,
he
in
reversion
shall
not
have
a
Writ
of
Escheat
;
But
if
Tenant
in
taile
,
the
remainder
to
his
right
heires
,
and
dyes
without
heire
;
then
the
Lord
of
whom
the
Tenant
in
taile
holds
,
shall
have
a
Writ
of
Escheat
.
Fitzh.
144.
E.
Where
the
Tenant
is
a
Bastard
,
and
dyes
without
Issue
,
this
Land
shall
Escheat
,
Tit.
Escheat
34.
B.
Where
there
is
a
Bastard
eldest
,
and
a
legittimate
younger
,
and
the
Bastard
enters
,
and
dyes
seised
without
Issue
,
the
Land
shall
not
Escheat
.
Natura
brevium
,
fol.
103.
If
the
Tenant
be
disseised
,
and
is
attaint
of
Felony
,
the
Lord
may
enter
by
Escheate
,
Abridgement
of
Assise
,
fol.
88.
Lord
and
Tenant
,
the
tenant
being
within
age
,
aliens
and
dyes
without
heire
,
the
Lord
may
enter
by
Escheat
.
6
E.
3.
Statham
,
If
my
Tenant
within
age
alien
in
Fee
,
and
dyes
without
heire
,
I
may
enter
by
Escheat
;
the
same
Law
is
,
if
my
tenant
within
age
be
disseised
,
and
dyes
without
heire
,
I
may
enter
by
Escheat
.
Stamf.
42.
If
any
free
tenant
of
any
Bishop
be
attaint
for
Felony
,
during
the
time
of
the
vacation
the
King
shall
have
Escheat
of
his
Lands
:
By
Prerogative
,
ch.
14.
Fitzh.
144.
O.
If
the
Lord
have
title
to
have
a
Writ
of
Escheat
,
if
he
accept
Homage
of
his
tenant
,
he
shall
not
have
a
Writ
of
Escheat
against
him
afterwards
.
7
H.
4.
fol.
18.
Lord
and
Tenant
,
the
Tenant
is
disseised
,
and
dyes
without
heire
,
the
Lord
may
enter
,
for
right
of
entry
may
Escheat
against
a
Disseisor
;
but
if
the
Disseisor
dye
,
or
alien
,
the
Lord
cannot
enter
by
Escheat
upon
the
heire
of
the
Disseisor
,
nor
upon
the
Alience
.
22
Book
of
Assises
49.
The
King
shall
have
the
Lands
by
Escheat
of
one
attainted
of
high
Treason
,
of
whomsoever
hee
hold
,
notwithstanding
of
petty
Treason
the
Lord
shall
have
them
.
29
Book
of
Assise
,
61.
Note
that
Lands
in
taile
shall
not
Escheat
for
the
Felony
or
attainder
of
his
Father
,
but
by
the
Statute
of
5
&
6
Ed.
6.
chap.
11.
for
high
treason
the
King
shall
have
his
Lands
.
6
H.
7.
fol.
9.
by
Keble
.
Right
of
entry
may
Escheat
,
as
where
the
Disseisee
dyes
without
heire
,
or
is
attaint
of
Felony
,
the
Lord
may
enter
.
7
Ed.
6.
tit
.
18.
It
was
held
,
If
there
he
Lord
and
Tenant
by
Fealty
and
Rent
,
the
Tenant
is
disseised
,
the
Disseisee
dyes
without
heire
,
the
Lord
accepts
the
Rent
by
the
hands
of
the
Disseisor
,
yet
he
may
enter
for
Escheat
,
or
have
a
Writ
of
Escheat
,
and
the
receit
of
the
Rent
no
Barr
;
contrary
,
if
he
had
avowed
for
that
in
Court
of
Record
,
or
if
he
had
taken
corporall
service
,
as
Homage
,
&c.
Contrary
of
acceptance
of
Rent
by
the
hands
of
the
heire
of
the
Disseisor
,
or
of
his
Feoffee
.
48
Ed.
3.
fol.
2.
by
Belk
:
Where
a
man
commits
Felony
,
and
after
purchase
Land
,
or
Land
discends
to
him
after
,
this
is
forfeited
and
Escheated
,
as
well
as
the
Land
which
he
had
time
of
the
Felony
made
.
22
H.
6.
fol.
37.
by
Newton
,
A
man
seised
of
Land
in
fee
,
goes
beyond
the
Sea
to
B.
out
of
the
Kings
Allegiance
without
the
Kings
license
,
and
there
marries
a
Wife
,
and
there
hath
Issue
,
and
dwells
there
all
his
life
,
and
dyes
without
other
Issue
,
his
Land
shall
Escheat
,
and
none
other
of
the
blood
shall
inherite
.
1
R.
3.
fol.
4.
by
Hussey
,
He
which
is
borne
beyond
Sea
,
and
his
Father
and
Mother
English
,
and
faithfull
to
our
King
,
that
their
Issue
shall
inherite
by
the
Common
Law
,
but
the
Statute
makes
that
cleer
,
and
his
Lands
shall
not
Escheat
.
9
H.
7.
fol.
2.
If
Tenant
of
the
King
dyes
without
heire
,
and
none
enters
,
the
Freehold
is
in
the
King
,
without
Office
by
Escheate
:
But
if
Tenant
of
the
King
alien
in
Mortmaine
,
it
is
not
in
the
King
without
Office
.
27
H.
8.
tit
.
Office
,
90.
Br:
Where
one
is
attaint
by
Parliament
,
his
Lands
are
not
in
the
King
by
Escheat
,
to
grant
over
without
Office
.
29
H.
8.
tit
.
52.
Charter
of
pardon
,
Br.
The
King
may
be
intituled
to
goods
without
Office
,
by
Outlawry
,
but
not
to
Lands
.
38
H.
8.
title
,
Thing
in
action
,
211.
Br:
By
the
Statute
of
31
H.
8.
gives
to
the
King
possession
of
Lands
of
Monastries
without
Office
,
for
the
words
are
,
that
the
King
shall
be
in
possession
of
them
;
yet
if
an
Abbat
were
disseised
of
foure
Acres
of
land
,
the
King
cannot
grant
that
over
,
before
entry
made
by
him
into
it
.
Time
of
H.
8.
tit.
119.
Pre.
Br
:
It
seemes
that
the
King
shall
not
have
a
Precipe
quod
reddat
,
as
a
Writ
of
Escheat
,
but
his
title
shall
be
found
by
Office
.
Time
of
Ed.
6.
tit
.
Denizen
17.
Where
an
Alien
born
purchaseth
,
the
King
shall
have
it
,
but
the
purchase
ought
to
be
found
by
Office
,
33
H.
8.
tit
.
Fines
levied
,
115.
Title
Office
before
Escheator
,
60
Br:
King
shall
have
Chattels
without
Office
,
but
not
Ward
.
2
H.
7.
fol.
8.
The
King
may
re-enter
without
demand
,
where
there
is
a
clause
of
re-entry
in
his
Lease
,
but
then
that
shall
be
found
by
Office
.
Tit.
Escheat
23.
Br:
Alien
borne
hath
Issue
a
Son
,
and
after
is
made
Denizen
,
and
after
hath
Issue
another
Sonne
,
and
purchase
Land
and
dyes
,
the
youngest
Sonne
shall
have
the
Land
,
and
not
the
eldest
,
nor
the
Lord
by
Escheat
.
Tit.
Escheat
29.
B.
Where
a
man
is
attaint
of
Heresie
,
and
delivered
to
Lay
men
to
be
burnt
,
yet
he
shall
not
forfeit
his
Land
,
unlesse
he
be
put
in
execution
,
and
there
by
the
execution
the
Lord
shall
have
Escheat
,
unlesse
the
Land
be
held
of
the
Ordinary
,
then
the
King
shall
have
it
.
Enquest
.
FOR
that
,
that
you
try
your
Copy-holders
and
other
Issues
by
consent
by
Jury
,
let
us
see
how
many
shall
be
sworn
of
a
Jury
.
The
Statute
of
Westm.
2.
chap.
13.
is
,
that
the
Sheriff
shall
inquire
by
twelve
and
not
by
lesse
,
and
the
same
Law
shall
be
in
Leet
,
and
for
that
,
that
this
Statute
doth
not
extend
to
Court-Baron
,
Presentment
of
Articles
there
by
lesse
then
twelve
may
be
,
for
one
may
hold
Court-Baron
,
though
there
be
but
two
Suitors
,
and
then
they
may
inquire
by
two
,
of
Articles
for
the
Lord
,
but
hard
it
is
,
when
every
one
is
inheritable
to
the
Lawes
of
the
Realme
,
and
the
triall
of
the
Law
is
by
twelve
of
Issue
joyned
between
party
and
party
,
that
by
your
not
power
,
that
is
to
say
,
that
there
should
not
be
twelve
Tenants
of
every
Jury
,
to
take
from
me
my
Triall
,
which
the
Law
gives
to
me
,
and
if
you
will
try
Issue
by
lesse
then
twelve
,
you
may
impannell
three
or
foure
of
the
Freinds
to
the
parties
,
and
to
have
no
number
certain
under
twelve
,
but
to
have
such
a
number
as
the
Steward
pleaseth
,
and
to
be
at
his
choise
,
how
many
shall
be
sworn
of
a
Jury
,
and
how
many
shall
be
impannelled
,
is
inconvenient
where
there
are
more
within
the
Mannor
to
be
impannelled
,
and
40
Ed.
3.
f.
1.
Where
conusance
is
granted
to
one
Court
,
to
have
conusance
,
if
this
Court
faile
,
that
it
cannot
make
Law
and
Right
,
conusance
shall
not
be
in
this
case
allowed
,
and
for
that
that
at
the
Exigent
Bailiffs
demand
conusance
,
and
shall
not
have
it
,
for
they
cannot
pronounce
Out-lawrie
upon
that
and
in
,
Quare
impedit
,
they
shall
not
have
conusance
,
for
they
cannot
award
a
Writ
to
the
Bishop
,
42
Ed.
3.
f.
3.
Where
one
was
out-Lawed
conusance
was
demanded
,
and
could
not
have
it
,
for
that
he
could
not
award
,
Capias
utlegatum
there
,
and
so
it
seems
if
there
be
not
twelve
to
try
the
Issue
they
faile
of
power
to
minister
Law
and
to
do
Justice
,
and
Copy-holder
may
sue
by
Bill
in
Chancery
,
where
there
are
not
twelve
homagers
within
the
Mannor
,
or
in
action
of
of
trespasse
at
the
common
Law
,
and
the
party
ought
to
be
admitted
in
the
Lords
Court
,
to
the
intent
to
bring
trespasse
at
the
common
Law
,
and
there
Law
is
more
truly
administred
then
in
Court-Barons
,
and
also
if
any
sue
in
Court-Baron
for
Copy-hold
,
he
shall
make
his
protestation
to
sue
in
nature
of
his
Writ
at
common
Law
,
and
the
processe
and
proceedings
shall
be
according
to
the
course
of
the
common
Law
,
and
they
shall
joyne
Issue
according
to
the
course
of
the
common
Law
;
and
there
(
Venire
facias
)
is
,
that
they
shall
cause
to
come
twelve
free
and
lawfull
men
according
to
the
course
of
the
common
Law
,
and
for
that
it
seems
that
triall
of
Issues
there
between
parties
shall
be
by
twelve
and
not
by
lesse
.
And
by
Fortescue
,
fol.
54.
&
57.
(
sworn
together
in
the
form
aforesaid
twelve
good
and
lawfull
men
)
so
it
appeares
by
him
that
every
Issue
in
every
Court
shall
be
tryed
by
twelve
and
not
by
lesse
.
Enquest
shall
be
by
custome
of
the
Realme
between
party
and
party
,
in
a
Court
of
Record
,
by
twelve
at
the
common
Law
,
Doctor
and
Student
,
f.
14.
Verdict
of
11
shall
not
be
taken
,
41
Ass.
11.41
.
Ed.
3.
f.
31.
&
29.
Ed.
3.
f.
33.
accordingly
.
Every
Inquisition
taken
in
the
Sheriffs
Turn
shall
be
by
twelve
,
and
the
same
Law
is
said
there
in
a
Leet
by
the
Equity
of
the
Statute
of
6
H.
4.
fol.
3.
Notwithstanding
(
seek
)
if
less
then
twelve
may
try
Issue
between
parties
in
the
Court
of
a
Lord
of
copy-hold
or
not
,
where
there
are
not
twelve
within
the
Mannor
,
for
it
is
held
by
some
,
that
it
shall
be
tryed
by
lesse
,
and
I
have
seen
a
triall
by
three
or
foure
.
But
I
intend
it
is
hard
,
and
specially
where
there
are
twelve
and
more
copy-holders
within
the
Mannor
,
and
also
it
appeares
in
the
Register
,
that
an
Action
was
removed
out
of
the
Court-Baron
(
because
there
were
but
foure
Suitors
)
and
so
I
conclude
,
Issue
for
Copy-holders
shall
not
be
tryed
by
lesse
then
by
twelve
,
6
H.
4.
f.
1.
18
H.
4.
fol.
2
Charter
of
exemption
that
he
shall
not
be
Impannelled
shall
not
be
allowed
unlesse
a
full
Jury
appeare
.
39
Ed.
3.
Tit.
23
A
Writ
of
not
putting
in
Assises
shall
not
be
allowed
in
an
Attaint
,
nor
in
a
Writ
of
right
.
21
Ed.
4.
f.
53.
If
a
man
have
a
Charter
of
Exemption
and
that
shewed
to
the
Sheriff
,
and
he
notwithstanding
,
impannells
him
,
trespasse
upon
the
case
lies
against
him
.
Fitzh.
205.
A.
A
Writ
not
to
be
put
in
Assises
and
Juries
is
founded
upon
the
Statute
of
Westm.
2.
chap.
39
and
upon
(
Articuli
super
Chartas
)
which
Statutes
declare
that
persons
shall
not
be
impannelled
,
that
is
,
who
is
sick
,
lame
,
and
above
60.
yeares
old
.
Fitzh.
266.
Clerkes
which
have
Lands
by
discent
,
or
by
purchase
,
shall
be
impannelled
.
5
Ed.
3.
f.
26.
Presentment
in
Leet
by
foure
and
not
by
twelve
,
that
one
had
dewelt
within
the
Leet
a
yeare
and
a
day
not
sworn
,
was
traversed
,
but
it
seems
if
he
were
presented
by
twelve
,
it
shall
not
be
traversed
,
but
if
it
were
false
,
he
shall
have
recovery
by
Writ
of
false
presentment
seek
of
this
Writ
.
45
Ed.
3.
f.
26.
Presentment
in
Leet
that
one
hath
dwelt
there
by
a
yeare
and
day
and
not
sworn
,
shall
be
by
twelve
otherwise
it
is
traversable
.
3
H.
7.4
.
If
there
be
not
twelve
to
be
sworn
the
Steward
may
sweare
a
stranger
which
comes
within
the
view
to
be
sworn
in
Leet
.
The
Lord
may
hold
Court-Baron
though
there
are
but
two
Tenants
,
23
H.
8.
and
33
H.
8.
and
then
two
may
present
Articles
for
the
Lord
,
but
where
Issue
is
between
party
and
party
it
shall
be
by
twelve
,
for
the
(
Venire
facias
)
is
twelve
free
and
lawfull
men
,
which
is
triall
by
common
Law
,
and
that
seems
,
shall
be
the
triall
of
Copy-hold
Land
,
yet
Fitzh.
41.
in
right
shall
be
great
Assise
,
that
is
,
24
of
a
Jury
,
and
attaint
shall
be
24.
but
if
in
Court-Baron
the
(
Mise
)
be
ioyned
to
be
tryed
by
great
Assise
,
there
shall
go
a
Prohibition
,
&c.
Fitzherbart
107.
C.
Enquest
of
office
,
as
in
a
Writ
to
inquire
of
waste
,
it
may
be
inquired
by
six
or
eight
,
2
H.
4.
f.
7.
&
3
H.
6.
f.
29.
the
same
.
13
H.
8.
f.
13.
Where
a
Lord
of
Parliament
is
arraigned
,
there
shall
be
eighteen
or
twenty
Lords
of
the
Enquest
,
and
they
shall
not
be
sworn
.
20
H.
7.
fol.
3.
Jurors
may
drink
after
their
Charge
,
and
before
their
agreement
at
their
own
proper
charges
,
it
seems
their
Verdict
is
good
,
for
there
doth
not
appear
any
corruption
in
them
,
nor
that
they
drank
for
any
corruption
,
for
all
drank
together
,
and
every
one
was
in
as
good
plight
to
resist
as
others
are
,
&c.
19
Ed.
4.
f.
6.
After
the
Jury
sworn
,
and
before
they
enter
into
a
House
and
before
their
departure
from
the
Barr
they
drink
by
license
of
the
Justices
,
and
by
the
consent
of
the
parties
,
and
their
Verdict
good
.
10
H.
4.
f.
10
After
the
Jury
was
sworn
the
Plaintiff
delivered
a
writing
to
a
Juror
without
the
Court
,
and
he
shewed
that
to
his
companions
in
the
House
,
and
the
Jury
gave
Verdict
,
and
he
shall
not
have
Judgment
,
11
H.
4.
fol.
17.
the
same
Plowd
.
Com.
fol.
519.
the
Jury
gave
a
speciall
Verdict
and
a
Box
of
Barbaryes
conserved
,
Sugar
Candy
,
and
Licorish
was
found
with
one
J.M.
one
of
the
Jury
after
that
he
was
departed
from
the
Barr
,
J.
M.
was
committed
to
the
Fleet
till
he
had
paid
a
Fine
,
and
the
Verdict
good
,
see
,
8
Ass.
35.
and
20
H.
6.
f.
26.
Tryall
.
IN
Court-Baron
the
triall
is
there
by
waging
Law
,
but
by
the
consent
of
the
parties
it
may
be
by
the
Country
,
33
H.
8.
B.
Tit.
Triall
143.
3.
Ed.
6.
Tit.
Pannell
.
2.
Where
the
Jury
is
of
two
tongues
,
for
that
,
that
the
one
is
an
Alien
and
the
other
an
English
man
,
there
shall
be
six
Denizens
sworn
,
and
six
English
men
,
otherwise
the
Jury
shall
not
be
taken
,
and
so
shall
be
(
Tales
)
of
that
.
4
Mar.
b.
Tit.
Jurors
8.
Jury
tooke
a
Writing
of
the
Plaintiff
which
was
not
delivered
to
them
in
Court
,
and
passed
for
the
Plaintiff
,
and
for
that
,
that
this
matter
appeared
to
the
Court
by
examination
,
therefore
the
Plaintiff
shall
have
no
Judgment
.
35
H.
8.
B.
Tit.
Replead
54.
It
was
in
use
in
the
Kings
bench
,
though
that
the
Jury
was
ready
to
passe
,
there
if
there
be
a
(
Jeofaile
)
apparent
in
the
Record
,
the
Jury
shall
be
discharged
.
26
H.
8.
f.
6.
Jurors
after
they
are
in
the
House
return
to
heare
evidence
again
upon
matter
which
they
were
in
doubt
of
,
and
may
.
14
H.
7.
f.
1.
The
Jury
eate
and
drink
before
the
Evidence
finished
,
or
after
they
are
agreed
depart
and
drink
before
Verdict
they
shall
be
Fined
,
and
the
Verdict
is
good
,
but
if
he
eat
and
drink
after
evidence
given
,
and
before
they
agree
,
the
Verdict
is
void
.
And
it
seems
that
this
matter
shall
be
shewed
when
the
Jury
comes
in
to
give
their
Verdict
,
and
shall
be
examined
,
and
not
after
.
And
it
seems
that
the
Jurors
may
depart
asunder
by
cause
of
great
tempest
of
a
House
falling
or
fire
where
they
are
.
Execution
.
For
that
,
that
execution
is
used
in
many
Court-Barons
by
(
Levari
facias
)
let
us
see
what
Goods
upon
that
,
may
be
taken
in
Execution
and
what
not
,
and
the
order
of
execution
.
GOods
pawned
shall
not
be
taken
in
execution
,
for
the
Debt
of
him
which
pawned
them
,
during
the
time
they
are
pawned
,
34
H.
8
Pledge
28.
and
4
Ed.
6.
Distresse
75.
Where
A.
lets
Oxen
for
time
,
and
after
A.
is
condemned
,
these
Oxen
during
the
tearme
shall
not
be
taken
in
execution
,
22
Ed.
4.
f.
10.
Debt
in
Court-Baron
,
the
Plaintiff
recovers
by
Judgment
and
shall
have
execution
,
and
the
Beasts
of
the
Defendant
were
taken
and
delivered
to
him
in
Execution
,
33
Ed.
3.
Tit.
Execution
133.
In
Debt
where
three
are
bonnd
joyntly
and
severally
and
hath
of
those
three
severall
Judgments
,
and
if
Execution
be
against
one
,
the
other
shall
have
a
supersedeas
,
but
in
trespasse
against
three
Execution
against
one
doth
not
suffice
,
and
the
same
Law
is
in
a
ioynt
Debt
,
4
Ed.
4.
fol.
39.
By
(
Fieri
facias
)
or
(
Levari
facias
)
the
Officer
cannot
break
the
Doore
nor
Chest
to
take
Goods
in
Execution
,
for
if
he
do
,
trespasse
lies
against
him
for
the
breaking
only
,
18
Ed.
4.
f.
4.
&
13
Ed.
4.
fol.
9.
by
Choke
,
notwitstanding
,
8
Ed.
2.
Tit.
Executors
152.
contrary
.
If
one
recovers
in
Court-Baron
he
shall
not
have
execution
by
Eierifacias
,
nor
otherwise
,
but
may
distrain
the
Defendant
after
Judgement
,
and
detaine
the
distresse
in
their
hands
in
safegard
till
the
Defendant
hath
satisfied
the
Plaintiff
of
the
condemnation
,
22
Ass.
72
Statham
11
Ed.
fol.
93.
Nat.
Bre.
fol.
165
and
4
H.
6.
fol.
17
action
.
Bailiff
in
Court
Baron
cannot
sell
the
Goods
in
execution
;
but
shall
restraine
them
as
distresse
,
notwithstanding
,
where
it
is
used
to
make
,
Levari
facias
,
it
is
a
good
custome
,
and
note
that
it
is
used
in
many
Mannors
,
that
the
goods
are
praised
,
and
execution
made
of
them
by
,
Levari
facias
,
22
Book
of
Ass.
72.
A
Writ
of
Execution
Judicii
,
lieth
,
where
Judgement
is
given
in
a
Court-Baron
,
upon
a
Writ
of
right
patent
,
or
in
debt
or
trespasse
,
and
the
Bailiff
will
not
make
execution
,
this
Writ
lieth
as
well
,
as
it
lieth
where
Judgement
is
given
in
a
Court
of
Record
,
and
the
Sheriff
will
not
make
execution
,
and
if
he
will
not
levy
the
execution
upon
the
Goods
,
it
was
in
vaine
to
award
this
Writ
,
Fitzh
.
f.
20.
A.
Capias
doth
not
lye
in
Court-Baron
,
and
for
that
,
the
Capias
to
satisfie
doth
not
lye
to
have
execution
,
and
Elegit
doth
not
lye
there
,
&c.
for
this
is
given
by
the
Statute
of
,
Westm.
2.
chap.
18.
29
H.
8.
Tit.
Execution
.
B.
132.
Two
are
bound
in
an
obligation
joyntly
and
severally
,
if
he
sue
one
and
takes
his
Body
by
a
Capias
to
satisfie
yet
he
may
take
the
other
,
but
if
one
satisfie
him
,
the
other
may
plead
that
,
37
H.
8.
Tit.
condition
,
B.
16.
One
taken
by
a
Capias
to
satisfie
,
is
in
execution
,
though
that
be
not
returned
.
13.
H.
4.
Tit.
Avowris
237.
One
avowes
,
for
that
,
that
J.
S.
was
seised
of
a
place
where
,
&c.
And
,
let
that
to
the
Plaintiff
for
life
,
rendring
Rent
,
and
after
J.S.
grants
the
reversion
to
B.
who
was
bound
in
a
recognsance
to
the
Avowant
,
and
that
the
Avowant
hath
that
Rent
delivered
in
execution
,
and
good
.
15
Ed.
3.
Tit.
Execution
93.
Rent
was
delivered
in
execution
upon
a
Recognisance
,
time
of
Ed.
1.
Title
Audita
querela
,
402.
If
the
Father
be
bound
in
a
Recognisance
and
dies
and
his
Issue
within
age
,
the
Execution
shall
not
be
against
him
,
for
if
it
be
he
shall
have
an
Assise
.
Time
of
Ed.
1
Tit.
417.
If
a
man
takes
a
Wife
and
after
be
bound
and
dyes
,
the
Wife
is
indowed
,
if
she
be
outed
by
extent
,
she
shall
have
Assise
,
29
H.
8.
Tit.
Stat.
Merchant
40.
If
one
sue
Execution
upon
a
Statute
and
he
accept
part
of
the
Land
in
name
of
all
,
he
shall
not
have
extent
of
the
residue
,
but
it
seems
upon
a
(
Nihil
)
returned
upon
the
Testatum
,
he
may
have
processe
into
another
County
.
2
R.
3.
f.
8.
Statute
Staple
was
certified
by
the
Maior
of
the
Staple
,
and
the
Conisee
upon
that
sues
a
Writ
to
take
the
Body
,
and
to
extend
his
Land
in
Suff.
and
Middlesex
only
,
and
this
Writ
was
not
returned
and
by
Certiorare
he
caused
the
Maior
to
certifie
the
Statute
again
,
and
upon
that
he
hath
a
Writ
of
extent
in
ten
Counties
,
but
not
in
Suff.
and
Middlesex
,
and
this
Writ
is
not
returned
and
he
hath
the
third
Certificate
,
and
the
third
Writ
of
Extent
into
six
Counties
,
but
not
in
Suff.
and
Middle
.
and
now
hath
his
Extent
,
and
hath
Land
that
the
Cognifor
hath
in
right
of
his
Wife
which
died
,
and
for
threats
durst
not
take
the
profits
of
the
residue
,
and
by
all
the
Justices
the
Cognisee
shall
have
a
Capias
into
the
County
where
he
took
his
first
Writ
,
and
not
otherwise
,
that
is
,
into
the
County
of
Suff.
and
Middlesex
only
,
upon
the
fourth
Certificate
,
and
upon
that
the
Conisor
found
suerties
to
the
King
and
party
according
to
the
Statute
,
11
H.
6.
chap.
10.
He
shall
have
a
Scire
facias
against
the
Conisee
,
to
prove
the
matter
in
his
Writ
,
and
to
be
at
the
Judgment
in
the
Court
,
and
if
he
faile
of
any
,
he
shall
forfeit
his
Recognisance
.
2
R.
3.
fol.
9.
If
the
Conisee
of
a
Statute
dies
,
his
Executors
or
Administrators
if
he
dye
Intestate
shall
have
execution
upon
it
,
without
suing
(
Scire
facias
)
or
that
the
Conisor
cannot
have
any
Plea
,
although
he
have
a
deed
of
Release
,
but
if
he
have
a
Release
he
shall
have
an
(
Audita
querela
)
or
a
(
Scire
facias
)
and
so
it
is
where
one
which
is
no
Executor
sues
an
Execution
,
the
Conisor
shall
have
this
Writ
,
but
upon
recovery
by
the
Statute
of
West
.
2.
One
may
have
a
fieri
facias
within
the
yeare
to
have
Execution
,
and
after
the
yeare
may
have
Scire
facias
,
and
if
a
man
be
bound
in
two
Statutes
one
after
the
other
,
and
he
which
hath
the
last
Statute
hath
first
Execution
,
the
other
shall
have
a
Scire
facias
and
have
execution
,
and
if
the
Sheriff
upon
a
Writ
to
have
execution
returns
,
the
Conisor
dead
,
the
Conisee
shall
have
a
Scire
facias
against
the
Heire
of
the
Coniser
,
and
the
Land
Tenants
.
25
H.
7.
fol.
17.
Where
the
Conisee
to
whom
a
Statute
is
made
dyes
,
his
Executors
shall
have
Execution
without
suing
Scire
facias
,
for
that
it
is
given
by
the
Statute
,
but
where
one
hath
a
Judgment
and
dies
,
it
is
otherwise
,
West
.
2.
chap.
45.
gives
Scire
facias
upon
Judgment
,
and
upon
Fine
.
15
H.
7.
fol.
14.
Husband
is
bound
in
a
Statute
and
Lands
of
his
Wife
were
extended
,
and
after
the
Wife
dies
,
and
the
Heire
of
the
Wife
enters
,
now
may
the
Conisee
have
a
Capias
for
the
Body
of
the
Conisor
,
though
he
had
not
that
at
the
first
,
for
that
,
that
the
Statute
gives
the
Lands
,
Goods
and
Body
,
and
if
execution
be
defeated
by
lawfull
entry
,
he
shall
not
have
a
Re-extent
,
but
if
the
Conisor
himselfe
take
the
profits
of
the
Conisee
or
that
the
profit
be
destroyed
by
wild-fire
,
or
water
,
the
Conisee
may
hold
over
his
Tearm
,
and
the
Conisor
cannot
enter
during
the
Tearme
of
extent
,
but
shall
have
a
Scire
facias
,
and
shall
not
have
that
before
the
Tearme
ended
,
without
aquittance
,
or
that
he
leave
Money
in
the
Court
,
and
where
the
Conisee
is
satisfied
within
the
tearm
by
casuall
profit
the
Conisor
shall
have
upon
that
a
Venire
facias
,
and
upon
that
a
Scire
facias
,
And
if
it
be
extended
too
low
,
the
Conisor
may
lay
the
Money
in
Court
,
and
recover
his
Land
,
and
if
it
be
found
too
high
the
Conisee
may
pray
that
the
Extenders
may
take
the
Land
,
&c.
11
H.
6.
fol.
8.
If
the
Land
extended
be
drowned
by
water
within
the
Tearm
,
the
Conisee
may
hold
over
the
Tearm
,
and
the
same
Law
where
he
is
outed
by
a
Guardian
in
Knights
service
,
15
Ed.
4.
f.
5.
22
H.
8.
chap.
5.
Where
Lands
delivered
by
reasonable
extent
in
Execution
,
have
been
recovered
,
or
lawfully
diversted
from
the
Conisee
of
the
Satute
Merchants
,
Statute
Staple
or
Recognisances
,
before
they
have
been
fully
satisfied
,
and
paid
there
Debts
without
fraud
or
covin
,
remedy
given
by
Scire
facias
against
the
Recognisors
to
levy
the
residue
.
Where
a
Woman
recovers
dammages
in
Dower
in
the
Bench
,
she
cannot
have
execution
there
of
those
dammages
recovered
by
capias
ad
satisfaciendum
,
for
that
,
that
the
Capias
doth
not
lye
in
the
Originall
,
11
H.
7.
f.
15.
&
2
H.
4.
f.
7.
The
Statute
of
Westm.
2
chap.
18.
gives
Elegit
,
that
is
to
say
,
That
the
Sheriffe
shall
deliver
all
the
Chattells
of
the
Debtor
(
except
the
Oxen
and
Beasts
of
the
Plow
)
and
the
half
of
his
Land
,
&
that
doth
not
extend
to
a
Court-Baron
but
to
Courts
where
Process
is
directed
to
the
Sherift
,
and
the
Statute
is
also
when
a
Debt
is
recovered
in
a
Court
of
the
Kings
,
and
Court-Baron
cannot
award
the
halfe
of
the
Land
in
Execution
,
for
it
is
no
Court
of
the
Kings
,
but
of
the
Lords
,
and
he
cannot
meddle
with
Lands
without
the
Kings
Command
,
but
in
other
Courts
Execution
shall
be
of
Lands
,
which
hath
a
day
of
Judgement
given
,
and
of
Goods
in
this
Court
,
and
Beasts
which
the
party
hath
day
of
the
Execution
awarded
,
and
see
also
execution
of
Recognisances
and
of
Statutes
for
your
Learning
.
Execution
shall
be
of
Land
which
hath
day
of
recovery
,
7
Ed.
3.
f.
93.
and
21.
Ass.
2.
A
man
shall
have
Execution
of
Lands
which
he
had
day
of
the
Judgement
,
and
not
before
Abridgment
,
Ass.
fol.
93.
19.
Ed.
2.
Fitzh
.
Execution
249.
Natura
brevium
fol.
168.
A
man
shall
have
execution
in
Debt
of
no
Land
but
of
of
that
which
the
Defendant
had
,
day
of
the
Judgement
given
,
and
of
Chattels
which
he
had
day
of
the
Execution
sued
,
Natura
brevium
fol.
107.
and
2
H.
4.
fol.
15.
It
seems
that
all
the
halfe
of
the
Lands
which
a
Recognisor
hath
which
enters
into
a
Recognisance
day
of
that
,
or
after
are
liable
in
execution
by
Elegit
,
24
Ed.
3.
fol.
27.
tit
.
Execution
90.
Fitzh.
267.
D.
&
2
H.
4.
fol.
9.
Note
where
one
is
bound
in
a
Statute
,
Execution
shall
be
of
all
his
Lands
which
he
had
day
of
the
Statute
acknowledged
,
or
after
in
whose
hands
they
come
by
Feoffment
or
otherwise
,
but
it
is
not
said
so
of
Goods
and
Chattells
;
And
for
that
they
shall
not
have
them
in
whose
hands
they
come
but
those
only
which
he
had
in
his
hands
day
of
the
execution
awarded
.
But
if
the
Cognisor
,
after
the
Statute
acknowledged
,
lets
his
Land
for
yeares
,
the
Cognisee
may
out
the
Lessee
,
for
the
words
are
,
in
whose
hands
they
come
,
by
Feoffment
,
or
in
other
manner
,
Statute
of
Merchants
,
fol
,
48.
To
have
execution
of
a
Statute
Merchant
;
first
,
you
shall
have
a
Writ
of
Certificate
in
the
Chancery
,
and
there
upon
Certificate
shall
goe
a
Capias
,
returnable
in
the
Common
Bench
,
or
Kings
Bench
;
and
then
within
one
quarter
of
a
yeare
,
that
it
shall
be
taken
,
shall
goe
an
Extent
of
all
his
Goods
and
Lands
:
See
the
Statute
of
Merchants
;
37
H.
6.
fol.
6.
Fitzh.
130.
G.
Statute
Staple
shall
be
certified
as
the
Statute
Merchant
is
,
and
upon
that
shall
goe
a
Writ
of
execution
to
take
him
,
and
to
extend
his
Lands
,
and
this
shall
be
returned
in
the
Chancery
,
and
not
into
the
Common
Bench
or
Kings
Bench
,
as
the
Writ
of
execution
upon
a
statute
Merchant
shall
be
,
and
upon
this
shall
goe
a
Liberate
,
Fitz.
fol.
131.
D.
15
H.
7.
fol.
14.
Upon
a
statute
Staple
,
he
shall
have
the
body
,
lands
,
and
goods
by
a
Writ
,
and
upon
a
statute
Merchant
:
First
a
Capias
,
by
a
quarter
of
a
yeare
,
&c.
and
upon
the
returne
of
that
(
Non
est
inventus
)
shall
have
a
Writ
to
have
execution
of
his
Goods
and
Lands
.
Upon
a
statute
Staple
after
a
Certificate
,
shall
goe
out
a
Writ
to
take
his
body
,
and
to
extend
his
lands
in
what
County
he
will
;
and
if
that
be
returned
,
he
cannot
have
Extent
in
another
County
,
that
is
to
say
,
a
Liberate
,
2
R.
3.
fol.
7.
Upon
a
statute
Staple
shall
goe
a
Capias
out
of
the
Chancery
,
returnable
in
the
Chancery
to
take
his
body
,
and
to
seife
his
lands
into
the
Kings
hands
,
and
at
the
day
of
returne
of
that
,
Liberate
.
37
H.
6.
fol.
6.
Note
that
the
Statute
of
Merchants
,
fol.
79.
is
,
That
an
execution
upon
a
Recognizance
shall
not
be
made
,
as
it
is
upon
a
Statute
Merchant
;
but
as
it
was
used
by
the
Law
,
before
the
making
of
this
Statute
;
and
this
was
to
have
a
Scire
facias
,
and
upon
that
an
Elegit
,
or
a
Fieri
facias
.
Upon
a
Recognizance
there
shall
go
no
Capias
,
but
it
is
used
otherwise
at
this
day
;
that
is
,
Scire
facias
returnable
into
the
Chancery
,
and
they
use
now
to
award
a
Capias
,
Fieri
facias
,
or
Elegit
,
48
Ed.
3.
fol.
14.
Statute
Merchant
hath
two
Seals
,
and
one
is
the
Seale
of
the
paray
,
and
for
that
upon
that
he
may
have
Debt
to
have
execution
;
but
Statute
staple
,
onely
the
Seale
of
the
party
,
15
H.
7.
fol.
15.
A
man
may
sue
Debt
upon
the
Statute
Merchant
,
Staple
,
or
Recognizance
:
See
Statute
Merchant
,
Fitzh.
122.
D.
and
fol.
77.
the
same
.
Note
that
there
are
foure
manner
of
Executions
,
and
note
Covin
to
defeat
them
void
.
THere
are
foure
manner
of
Executions
,
that
is
,
of
body
by
Capias
,
of
Chattels
by
Fieri
facias
,
of
Lands
by
Elegit
,
and
after
the
yeare
after
Judgement
,
by
action
of
Debt
,
11
H.
4.
fol.
42.
Debt
upon
Recovery
,
shall
not
be
within
the
yeare
after
Judgement
,
but
after
the
yeare
,
5
Ed.
4.
fol.
1.
If
after
Judgement
one
gives
his
Goods
to
one
,
to
defraud
me
of
execution
,
and
notwithstanding
takes
the
profit
of
them
,
I
shall
have
Execution
of
these
Goods
,
22
Booke
of
Assises
72.
3
R.
2.
the
same
,
and
50
Ed.
3.
the
same
.
All
Conveyances
of
Lands
and
Hereditaments
,
Goods
and
Chattels
,
Leases
,
Rent
,
Common
,
or
Profit
,
or
charge
out
of
Land
,
Judgment
,
Execution
,
Deeds
by
fraud
or
Covin
,
to
the
intent
to
defraud
Creditors
and
others
,
of
their
just
and
lawfull
Actions
,
Suits
,
Debts
,
Accounts
,
Damages
,
Forfeitures
,
Harriors
,
and
Releifs
,
are
voyd
,
onely
against
the
persons
,
their
Heires
,
Successors
,
Executors
,
Administrators
,
and
Assignes
,
and
every
of
them
,
whose
Actions
,
Suits
,
Debts
,
Accounts
,
Damages
,
Forfeitures
,
Harriots
,
and
Releifs
,
by
such
fraud
shall
be
,
or
may
be
hindred
,
delayed
,
or
defrauded
,
notwithstanding
fained
consideration
,
expressing
of
use
,
or
any
other
matter
,
or
thing
to
the
contrary
,
13
Elizabeth
,
chap.
5.
Debt
against
Executors
,
they
plead
gift
of
all
the
goods
of
their
Testator
by
Deed
,
without
that
that
they
administred
other
Goods
;
and
the
Plaintiffe
averrs
,
that
the
gift
was
made
to
defraud
the
Creditors
,
13
H.
4.
fol.
9.
See
16
Ed.
4.
fol.
9.
Issue
was
taken
if
the
Goods
were
made
away
to
defraud
Execution
,
or
not
,
43
Ed.
3.
fol.
3.
Where
Debtors
make
Gifts
and
Feoffments
fained
,
of
their
Goods
and
Lands
,
to
their
Freinds
and
others
,
and
take
Priviledges
,
Rastall
,
Debt
,
5.
and
take
profits
of
their
Lands
and
Goods
so
given
by
fraud
,
shall
be
a
Capias
,
and
Proclamation
,
and
after
,
Execution
of
his
Lands
and
Goods
,
2
R.
2.
Stat.
2.
chap.
3.
Where
Debtors
make
Gifts
and
Feoffments
,
Rastall
,
execution
5.
as
it
is
sayd
in
the
Statute
of
2
R.
2.
and
flye
to
places
priviledged
,
and
take
profits
,
that
the
Creditors
shall
have
Execution
of
the
sayd
Goods
and
Chattells
,
as
if
no
such
Gift
:
had
been
made
,
50
E.
3.
chap.
6.
26
H.
8.
fol.
2.
If
a
man
takes
a
Wife
which
hath
Goods
and
aliens
them
by
Covin
,
supposing
a
Divorce
to
follow
,
and
after
they
are
divorced
,
the
Wife
may
averr
the
Covin
,
and
have
her
Goods
againe
.
33
H.
6.
fol.
5.
One
buyes
in
Market
open
,
Goods
taken
by
wrong
,
if
the
buyer
have
knowledge
of
the
wrong
,
the
property
is
not
altered
.
14
H.
8.
fol.
9.
by
Brook
,
If
I
by
fraud
and
Covin
,
cause
one
to
take
your
Goods
,
and
to
sell
them
to
me
in
an
open
Market
,
yet
that
shall
not
change
the
property
,
for
that
I
am
party
to
the
Covin
.
At
Northampton
before
the
Lord
Dyer
,
there
was
a
Deed
of
gift
of
Goods
shewed
,
and
in
that
it
was
exprest
by
words
to
the
use
of
the
Donee
,
and
yet
it
was
averred
that
it
was
by
Covin
.
44
Ed.
3.
fol.
ult
.
A
Woman
hath
good
cause
to
be
endowed
,
and
shee
procured
J.S.
to
out
the
Tenant
,
and
then
shee
brought
a
Writ
of
Dower
against
J.
S.
and
recovered
,
and
had
Execution
;
the
Tenant
may
have
an
Assise
against
her
,
and
recover
.
22
Book
of
Ass
.
1.
Assise
,
The
Tenant
,
hanging
the
Assise
,
enfeoffs
another
,
or
suffers
another
to
enter
,
end
recover
by
Formedon
,
by
elder
gift
,
this
Covin
shall
not
hurt
the
Plaintiffe
,
but
that
he
may
recover
.
38
Book
of
Assises
,
Where
one
was
outlawed
of
Felony
,
alleadges
Imprisonment
at
the
time
of
the
Outlawry
,
and
it
was
replyd
,
that
he
was
in
Prison
by
his
owne
Covin
,
and
issue
upon
that
.
41
Book
of
Assises
2.
A
man
hath
right
of
Action
,
and
makes
one
by
Covin
to
enter
upon
him
which
is
in
by
discent
,
and
recovers
,
he
shall
be
adjudged
to
be
in
as
an
Abator
,
and
not
by
Title
.
Evidence
.
AND
for
that
,
that
you
have
not
many
times
Councell
in
your
Court
Barons
,
and
for
that
,
that
it
is
many
times
pleaded
to
the
generall
Issue
,
where
it
ought
not
:
It
is
now
expedient
to
shew
,
what
matter
may
be
given
in
evidence
upon
generall
Issue
,
and
what
not
:
And
first
where
the
Defendant
pleads
the
generall
Issue
,
and
shews
in
evidence
,
that
the
Plaintiffe
hath
no
such
cause
of
Action
as
is
brought
,
nor
no
cause
of
Action
,
this
is
good
evidence
upon
generall
Issue
.
Action
upon
the
Statute
of
(
Parco
fracto
)
not
guilty
,
and
evidence
that
hee
hath
no
Park
,
is
good
,
19
H.
6.
fol.
7.
Trespasse
in
Warren
,
not
guilty
,
and
evidonce
that
he
hath
no
Warren
,
is
good
,
10
H.
6.
fol.
17.
and
34
H.
6.
fol.
7.
Trespasse
by
Warden
of
the
Fleet
,
not
guilty
,
and
evidence
that
he
is
not
Warden
,
is
good
,
4.
Ed.
4.
fol.
7.
and
12
E.
4.
fol.
7.
Trespasse
of
a
House
broken
,
not
guilty
,
and
evidence
that
the
Plaintiffe
hath
no
House
there
,
is
good
,
22
H.
6.
fol.
7.
Trespasse
,
not
guilty
,
and
evidence
that
the
place
where
the
Trespasse
was
done
,
is
the
free-hold
of
another
,
and
not
of
the
Plaintiffe
,
is
good
,
4
E.
4.
fol.
5.
Debt
against
a
Vicar
for
holding
Farmes
:
He
hath
not
against
the
forme
of
the
Statute
,
and
evidence
that
hee
had
,
for
maintenance
of
his
House
,
it
is
good
,
27
H.
8.
fol.
25.
Action
upon
the
Case
of
finding
his
Goods
,
and
converting
them
to
the
use
of
the
Defendant
,
not
guilty
,
and
evidence
that
they
were
not
the
Goods
of
the
Plaintiffe
,
is
good
,
3
Mar.
and
33
H.
8.
Action
upon
the
Case
,
109.
Otherwise
it
is
in
Trespasse
,
27
H.
8.
fol.
25.
Debt
upon
arrearages
of
account
,
hee
oweth
him
nothing
in
manner
and
forme
,
and
evidence
,
that
there
was
no
such
account
,
is
good
,
2
H.
6.
fol.
26.
Debt
upon
arrearages
of
Rent
upon
a
Lease
for
yeares
,
he
owes
him
nothing
,
and
evidence
that
hee
did
not
demise
,
is
good
,
7
H.
7.
fol.
3.
Debt
upon
sale
of
a
Horse
for
forty
shillings
,
the
Defendant
may
plead
he
oweth
him
nothing
in
manner
and
form
,
and
evidence
that
the
sale
was
of
two
Horses
for
forty
shillings
,
or
that
it
was
of
an
Oxe
for
forty
shillings
,
is
good
,
21
E.
4.
fol.
26.
and
9
E.
4.
fol.
1.
by
Moyle
.
Waste
,
no
waste
made
,
and
evidence
that
the
House
was
burnt
by
the
Kings
enemies
,
or
by
Thunder
,
or
it
was
ruinous
at
the
time
of
the
Lease
,
is
good
:
And
so
every
thing
that
is
no
waste
,
for
that
proves
that
the
Plaintiffe
hath
no
cause
of
Action
,
12
H.
8.
fol.
1.
and
22
H.
6.
fol.
56.
In
maintenance
,
not
guilty
,
evidence
that
the
thing
that
is
done
is
no
maintenance
,
is
good
.
Action
of
extortion
against
the
Sheriffe
,
which
pleads
that
he
tooke
not
,
and
evidence
,
that
by
prescription
hee
hath
Barr
fee
of
every
one
which
he
takes
,
and
is
good
,
for
it
is
no
extortion
,
21
H.
7.
fol.
17.
4
E.
4.
fol.
5.
Trespasse
,
The
Defendant
pleads
not
guilty
,
and
gives
in
evidence
,
that
it
is
the
Feeehold
of
another
,
and
good
,
for
then
the
Plaintiff
hath
no
cause
of
Action
.
2
H.
6.
fol.
26.
Debt
upon
arrearages
of
account
,
he
owes
him
nothing
in
manner
and
forme
,
and
evidence
that
there
was
no
such
account
,
is
good
,
for
hee
hath
no
such
cause
of
Action
.
2
Mar.
and
33
H.
8.
tit
.
Action
upon
the
Case
,
and
Count
upn
finding
the
Goods
,
and
converting
them
to
his
owne
use
;
the
Defendant
pleads
not
guilty
,
and
gives
in
evidence
that
they
were
not
the
Goods
of
the
Plainliffe
,
for
he
hath
no
cause
of
Action
,
5
H.
7.
fol.
3.
the
same
,
10
H.
7.
fol.
24.
Cessavit
,
That
he
held
diverse
Lands
by
intire
service
;
he
did
not
hold
in
manner
and
forme
,
and
gives
in
evidence
,
that
he
holds
by
severall
services
,
is
good
,
for
he
hath
no
such
cause
of
Action
.
27
H.
8.
fol.
25.
Trespasse
of
Goods
carryed
away
,
the
Defendant
pleads
that
the
property
of
the
Goods
was
not
in
the
Plaintiffe
,
and
that
is
no
plea
in
Trespasse
,
but
in
Replegiare
:
And
some
for
that
seeme
,
that
this
is
no
good
evidence
in
Trespasse
,
upon
a
Plea
of
not
guilty
.
9
H.
7.
fol.
3.
Debt
for
Rent
upon
a
Lease
for
yeares
,
that
he
oweth
him
nothing
,
and
evidence
that
he
did
not
demise
,
is
good
.
Vpon
a
generall
Issue
,
the
Defendant
by
evidence
to
convey
to
himselfe
interest
and
title
,
is
good
evidence
.
TRespasse
of
Gashaukes
taken
,
not
guilty
,
and
evidence
that
he
had
a
Lease
of
a
Wood
for
yeares
,
where
they
were
taken
,
it
is
good
,
for
it
is
a
title
,
16
E.
4.
fol.
2.
Trespasse
,
The
Defendant
pleads
his
Free-hold
,
and
gives
in
evidence
,
a
Fine
with
Proclamation
,
it
is
good
,
for
it
is
a
Title
,
27
H.
8.
fol.
27.
Trespasse
,
not
guilty
,
and
in
evidence
a
Lease
for
years
,
is
good
,
12
H.
8.
fol.
2.
Account
of
receit
by
the
hands
of
J.
S.
the
Defendant
pleads
he
was
never
his
Receiver
,
and
evidence
,
J.
S.
gave
that
to
him
,
is
good
,
2
H.
4.
fol.
13.
Action
upon
the
case
of
finding
Goods
and
converting
them
to
his
use
,
the
Defendant
pleads
not
guilty
,
and
evidence
that
they
were
pawned
to
him
for
ten
pounds
,
is
good
,
4
E.
6.
Br:
113.
Trespasse
,
not
guilty
,
the
Defendant
may
give
a
Lease
for
yeares
in
evidence
,
contrary
of
a
Lease
at
will
,
for
this
is
determinable
at
pleasure
,
25
Hen.
8.
Generall
Issue
82.
Trespasse
of
Goods
taken
,
the
Defendant
may
plead
not
guilty
,
and
evidence
that
he
recovered
,
and
had
them
delivered
in
Execution
,
and
is
good
,
22
Booke
of
Assises
,
73.
Trespasse
,
not
guilty
,
and
evidence
that
the
property
was
to
J.
S
,
which
gave
them
to
him
,
is
good
,
9
H.
6.
fol.
11.
Assise
by
a
Woman
,
no
wrong
,
and
evidence
that
her
Husband
enfeoffed
him
,
is
good
,
45
Book
of
Ass.
8.
Defendant
upon
a
generall
Issue
,
if
by
evidence
he
acknowledges
that
he
did
the
wrong
,
and
justifies
it
,
and
gives
matter
which
goes
to
discharge
him
of
the
act
by
Justification
,
this
evidence
is
not
good
,
but
he
ought
to
have
pleaded
that
.
TRespasse
,
not
guilty
,
and
evidence
that
the
property
was
to
J.S.
and
that
he
,
as
servant
,
and
by
his
commandement
took
them
,
it
is
not
good
,
for
he
acknowledgeth
by
the
evidence
,
that
he
made
the
trespasse
,
and
justifies
that
,
25
H.
8.
Generall
Issue
,
81.
Waste
,
No
waste
made
is
pleaded
,
and
evidence
that
the
Plaintiffe
let
to
him
the
House
and
Land
by
Deed
,
and
granted
to
him
by
the
same
Deed
,
that
he
might
cut
Trees
to
repaire
that
,
it
is
no
good
evidence
:
The
same
Law
in
Debt
,
he
owes
him
nothing
,
and
evidence
that
the
Plaintiffe
hath
released
that
to
him
:
The
same
Law
in
Trespasse
of
Battery
,
not
guilty
,
and
evidence
that
he
did
that
(
in
defending
himselfe
)
it
is
not
good
:
The
same
Law
in
maintenance
,
not
guilty
,
and
evidence
lawfull
maintenance
,
it
is
not
good
,
for
these
matters
in
evidence
are
justifications
,
which
goe
in
discharge
of
the
party
,
and
not
by
title
,
but
by
Justification
,
12
Hen.
8.
fol.
1.
Trespasse
,
not
guilty
,
and
evidence
that
he
had
a
Close
adjoyning
,
that
the
Plaintiffe
ought
to
inclose
,
and
for
not
inclosing
they
enter
,
it
is
not
good
,
for
it
is
contrary
to
(
not
guilty
)
and
is
a
Justification
,
19
H.
8.
fol.
6.
Trespasse
,
not
guilty
,
and
evidence
that
it
was
the
freehold
of
J.
S.
and
that
he
licensed
him
to
enter
,
by
vertue
of
which
he
entred
,
it
is
not
good
,
for
it
is
Justification
,
4
Ed.
4.
fol.
5.
Trespasse
of
Battery
(
not
guilty
)
and
evidence
that
it
was
made
in
his
defence
,
not
good
,
11
H.
4.
fol.
63.
25
H.
8.
Br:
tit
.
Generall
Issue
,
81.
In
Assise
or
Trespasse
,
if
the
Defendant
pleads
no
wrong
,
or
not
guilty
,
he
cannot
by
evidence
intitle
a
stranger
,
and
justifie
by
his
commandement
:
So
for
Common
,
Rent
service
,
Rent
charge
,
or
justifie
by
license
,
these
ought
to
be
pleaded
,
and
not
given
in
evidence
;
contrary
of
a
Lease
for
yeares
.
34
H.
8.
Title
,
Generall
Issue
,
89.
Debt
upon
an
Escape
out
of
execution
,
Defendant
cannot
say
that
escaped
not
,
and
give
in
evidence
that
he
was
not
arrested
,
for
that
is
in
Plea
.
27
H.
8.21
.
By
Fitzherbart
and
Shelley
,
in
Debt
upon
the
Statute
of
21
H.
8.
against
a
Vicar
for
taking
Farmes
,
the
Defendant
saith
,
that
hee
neither
had
,
nor
kept
to
farme
,
against
the
forme
of
the
Statute
;
he
may
give
evidence
that
he
took
that
for
maintenance
of
his
House
,
by
the
Proviso
in
the
Statute
,
notwithstanding
●awdwe●
denyed
it
.
20
H.
6.
fol.
24.
Debt
upon
arrearages
of
account
,
the
Defendant
saith
,
hee
oweth
him
nothing
in
manner
and
forme
,
and
gives
in
evidence
that
there
was
no
such
account
,
and
by
Newton
it
is
good
,
and
yet
he
might
have
pleaded
no
such
account
.
22
H.
6.
fol.
56.
Debt
against
Abbat
for
borrowing
,
he
may
account
generally
,
that
the
ten
pounds
borrowed
came
to
the
use
of
the
House
,
and
give
in
evidence
how
,
as
in
buying
of
Bread
and
Drink
.
Evidence
which
is
contrary
to
that
in
Issue
,
or
which
is
not
answerable
to
the
matter
in
Issue
,
is
not
good
.
NOthing
passed
by
the
Deed
,
and
evidence
that
it
is
not
his
Deed
,
is
not
good
,
for
it
is
contrary
to
the
Issue
,
and
to
that
which
he
acknowledged
in
his
Plea
by
Implication
,
5
H.
4.
fol.
2.
Mortdancester
,
The
Tenant
saith
,
that
he
is
ready
to
heare
the
Recognition
of
the
Assise
,
and
in
evidence
that
the
Plaintiffe
is
Bastard
,
it
is
not
good
,
for
it
is
contrary
to
this
thing
,
admited
and
imployed
,
22
Book
of
Ass.
3.
Covenant
,
Issue
was
,
If
the
Defendant
had
made
an
Estate
sufficient
to
the
Plaintiffe
of
Higgens
Close
,
or
not
,
and
evidence
that
it
is
not
so
much
in
value
,
it
is
not
good
,
for
it
is
not
answerable
to
the
matter
in
Issue
,
27
H.
8.
fol.
35.
Trespasse
,
The
Defendant
justifies
for
Common
appendant
,
and
gives
in
evidence
that
he
hath
Common
by
reaion
of
Neighbourhood
,
it
is
not
good
,
for
it
is
not
answerable
to
the
matter
in
Issue
,
13
H.
7.
fol.
13.
11
H.
4.
fol.
63.
Trespasse
of
beating
,
not
guilty
,
and
evidence
that
it
was
in
his
defence
,
it
is
not
good
,
for
it
is
a
matter
of
justification
and
contrarying
.
7
Ed.
6.
tit
.
14.
In
Debt
upon
an
Obligation
made
for
Usury
,
If
the
Defendant
plead
(
it
is
not
his
Deed
)
he
cannot
give
in
evidence
that
it
was
made
for
Usury
,
for
it
is
contrarying
.
5
Ed.
4.
fol.
5.
Debt
upon
obligation
,
for
letting
him
to
baile
,
and
doth
not
name
Sheriff
,
the
Defendant
gouht
to
plead
that
,
and
so
not
his
Deed
,
but
not
generally
(
not
his
Deed
)
and
give
that
in
evidence
for
it
is
contrarying
.
3
H.
7.
f.
5.
Where
two
are
bound
joyntly
and
severally
,
and
one
Seale
is
broken
,
yet
in
Debt
against
the
other
or
against
him
,
he
cannot
plead
(
not
his
Deed
)
and
give
that
in
evidence
,
for
it
is
contrary
,
but
he
may
plead
the
speciall
matter
and
conclude
,
so
not
his
Deed.
5
H.
7.
f.
2.
If
one
plead
nothing
passed
by
the
Deed
,
he
cannot
after
give
in
evidence
that
it
is
not
his
Deed
,
for
it
is
contrarying
.
9
H.
7.
fol.
3.
Derinue
,
the
Defendant
saith
,
he
doth
not
detaine
,
and
he
cannot
give
in
Evidence
,
that
he
hath
that
in
pawn
,
for
it
is
contrarying
.
Where
the
Evidence
proves
the
effect
and
substance
of
the
Issue
,
is
good
.
THE
Plaintiff
Pleads
a
Lease
simply
,
and
gives
in
evidence
a
Lease
upon
condition
,
and
for
that
,
that
the
condition
is
performed
,
it
is
good
,
for
the
evidence
proves
the
effect
and
substance
of
the
Issue
,
and
for
that
it
is
good
,
14
H.
8.
f.
20.
38
H.
6.
f.
9.
The
Array
was
challenged
,
for
that
,
that
was
made
at
the
denominating
of
the
Clerke
of
the
Plaintiff
.
Evidence
that
it
was
made
by
the
Bailiff
of
the
Franchise
at
his
denomination
,
is
good
.
44
Ed.
3.
fol.
39.
J.S.
pleads
a
Feoffment
made
to
him
,
and
gives
in
evidence
that
there
was
a
Fine
which
is
a
Feoffment
of
Record
,
and
is
good
.
27
H.
8.
fol.
29.
Action
upon
the
case
by
the
Husband
of
an
Assumpsit
made
to
him
,
and
given
in
evidence
that
it
was
made
to
his
Wife
,
to
which
he
agreed
,
and
is
good
.
14
H.
8.
fol.
18.
False
Imprisonment
,
If
the
Defendant
justifie
by
Warrant
,
if
the
Warrant
were
after
the
Arrest
,
the
Plaintiff
may
say
of
his
own
wrong
,
without
that
,
that
he
had
any
warrant
,
and
may
give
this
matter
in
Evidence
.
Forraine
matter
plead
in
Court-Baron
.
IF
a
Plaint
be
in
the
Court-Baron
of
a
Debt
or
trespass
,
and
forraine
matter
is
pleaded
there
,
it
shall
not
be
tried
in
Bench
,
though
that
this
Court
shall
be
out
of
the
Jurisdiction
,
but
it
seems
shall
be
tried
in
the
County
where
the
Court-Baron
is
,
or
the
forraine
matter
is
alleadged
to
be
done
,
1
H.
5.
f.
12.
A
man
cannot
remove
a
Plea
out
of
Court-Baron
into
Bench
,
but
in
a
Replegiare
,
and
not
in
Debt
or
trespasse
,
unlesse
that
the
Damages
are
not
to
forty
shillings
,
14
H.
8
f.
17.
by
Fitzh
.
Note
more
before
that
.
Fine
.
Where
it
shall
be
paid
by
Copy-holder
,
that
I
have
seen
used
,
is
as
insues
.
NOte
,
that
it
is
commonly
said
,
and
the
ground
of
paying
Fines
is
,
that
a
Fine
is
due
to
the
Lord
upon
every
alteration
,
and
change
of
Tenant
,
that
is
to
say
,
upon
every
admittance
of
every
new
Tenant
,
to
the
Lord
by
copy
,
as
upon
every
alienation
by
surrender
,
and
admittance
upon
that
,
and
upon
every
discent
and
admittance
upon
that
,
also
if
a
Copy-holder
surrender
into
the
hands
of
the
Lord
to
the
use
of
diverse
and
their
Heires
,
as
to
2.3
.
or
4.
and
their
Heires
,
upon
the
admittance
of
them
the
Lord
shall
have
but
one
Fine
,
for
it
is
but
one
surrender
and
one
admittance
of
a
Tenant
,
and
upon
the
death
of
the
Survivor
,
and
the
admittance
of
his
Heire
,
then
an
other
Fine
,
so
that
the
Fine
is
to
be
adjudged
,
due
alwaies
upon
admittance
of
Tenant
and
not
without
admittance
.
And
for
that
if
two
be
admitted
and
one
dies
,
the
other
shall
have
his
part
by
Survivor
without
new
admittance
,
and
shall
not
pay
a
Fine
.
Also
where
a
Surrender
is
made
to
the
use
of
a
Husband
and
his
Wife
,
and
to
the
Heires
of
the
Husband
,
upon
their
admittance
the
Lord
shall
have
but
one
Fine
,
for
it
is
one
surrender
,
and
both
are
but
one
new
Tenant
,
and
after
the
death
of
the
Husband
and
the
Wife
,
upon
admittance
of
the
Heire
of
the
Husband
,
the
Lord
shall
have
another
Fine
.
Also
where
a
surrender
is
made
to
one
for
life
and
after
his
death
,
the
remainder
to
another
,
and
the
Heires
of
his
Body
begotten
,
and
for
default
of
such
Issue
,
remainder
to
a
third
and
his
Heires
;
in
this
case
admittance
of
the
Tenant
for
life
,
vests
the
remainder
in
the
others
,
and
divers
learned
Stewards
take
but
one
Fine
only
of
admittance
of
a
Tenant
for
tearme
of
life
,
and
nothing
of
those
two
in
remainder
,
when
the
Remainder
falls
,
but
I
have
seen
that
every
one
in
the
remainder
,
when
they
come
to
the
Land
shall
make
Fine
,
though
it
be
not
the
whole
fine
but
a
halfe
,
and
every
one
is
admitted
when
a
remainder
falls
,
but
it
need
not
,
for
by
the
admittance
of
the
Tenant
for
life
,
the
remainder
is
so
vested
that
he
in
remainder
need
no
other
admittance
,
and
they
are
but
one
Estate
and
one
surrender
,
the
same
Law
is
where
there
is
a
surrender
to
one
for
life
,
the
remainder
to
another
and
his
Heires
,
there
shall
be
but
one
Fine
.
But
then
it
is
good
,
that
both
be
admitted
together
according
to
the
surrender
,
at
the
time
of
the
surrender
made
.
Also
where
one
out
of
the
Court
by
custome
,
surrenders
into
the
hands
of
two
Tenants
to
the
use
of
himselfe
for
life
,
and
after
his
death
to
the
use
of
J.S.
and
his
Heires
,
and
dies
before
the
next
Court
,
and
then
all
this
is
presented
at
the
next
Court
,
he
in
the
remainder
shall
be
admitted
,
and
pay
but
one
Fine
,
for
it
is
impossible
to
admit
one
which
is
dead
,
and
by
the
act
of
God
his
Fine
is
gone
,
and
now
there
is
but
one
to
be
admitted
,
and
upon
one
surrender
,
and
one
being
to
be
Copy-holder
shall
be
paid
but
one
Fine
.
Also
where
a
Copy-holder
is
admitted
upon
surrender
he
shall
pay
a
Fine
,
but
if
it
be
so
that
he
have
common
recovery
in
plaint
,
in
nature
of
a
Writ
of
entry
in
the
(
Post
)
upon
his
better
assurance
,
and
for
to
defeat
an
estate
taile
,
those
which
recover
have
Seisin
by
command
(
by
Habere
facias
Seisinam
)
and
also
they
are
in
,
in
the
(
Post
)
and
by
the
recovery
,
and
for
that
no
Fine
shal
be
there
payd
to
the
Lord
but
one
,
for
the
recovery
was
also
but
for
further
assurance
,
and
the
surrender
and
all
make
but
one
Tenant
by
Copy
,
and
so
there
is
due
but
one
Fine
.
Also
where
the
custome
is
,
that
for
every
Cottage
and
for
every
House
,
the
Lord
shal
have
upon
every
alteration
and
admittance
of
Tenant
,
for
one
Fine
three
shillings
,
and
there
is
a
Cottage
or
a
House
is
decayed
,
it
is
called
a
Home-stall
,
and
by
the
custome
also
,
for
every
Home-stall
he
shall
pay
for
a
Fine
three
shillings
there
,
if
the
Tenant
makes
of
one
House
two
Houses
or
build
a
new
House
,
he
shall
not
pay
a
Fine
for
these
new
Houses
,
nor
for
two
Houses
,
which
before
was
but
one
,
for
the
prescription
doth
not
hold
place
,
but
for
the
old
Houses
.
Also
where
the
custome
is
,
that
for
a
Fine
for
a
license
to
let
for
yeares
,
the
Tenant
shall
pay
for
every
House
,
which
the
Tenant
lets
for
every
yeare
that
he
hath
license
,
foure
pence
,
there
if
he
make
of
one
House
diverse
Cottages
,
as
of
Barnes
and
Stables
,
diverse
Cottages
there
for
license
to
let
his
House
,
he
shall
pay
but
foure
pence
for
every
yeare
that
he
hath
license
to
let
the
whole
,
and
not
for
divers
Houses
,
for
otherwise
the
prescription
doth
not
hold
place
.
Also
if
Tenant
for
life
,
and
he
in
remainder
or
reversion
,
ioyne
in
a
surrender
to
one
and
to
his
Heires
,
he
to
whose
use
the
surrender
is
made
,
shall
pay
but
one
Fine
,
for
it
is
but
one
admittance
and
not
severall
,
and
one
surrender
and
not
severall
,
and
there
is
but
one
Tenant
admitted
,
the
same
Law
,
where
two
Joynt-Tenants
,
two
Tenants
in
Common
,
or
two
Coparceners
,
surrender
to
one
and
his
Heires
,
shall
be
payd
but
one
Fine
.
Also
a
woman
is
marryed
a
Virgin
,
she
shall
have
all
for
her
Dower
by
the
custome
,
there
it
is
used
she
shall
pay
a
Fine
,
and
it
is
reason
,
for
that
she
is
admitted
,
the
same
Law
is
where
a
Woman
hath
a
third
part
by
the
custome
for
Dower
,
but
it
is
used
commonly
within
Mannors
,
to
pay
but
halfe
a
Fine
,
which
is
paid
for
Inheritance
;
but
the
custome
of
the
Mannor
is
to
be
considered
in
this
case
.
If
a
Copy-hold
be
surrendred
upon
condition
,
and
the
condition
is
broken
,
he
which
surrenders
may
re-enter
without
paying
Fine
or
new
admittance
.
Forfeiture
of
Copy-hold
.
WHere
a
Copy-holder
of
Inheritance
according
to
the
custome
of
the
Mannor
,
is
out-Lawed
in
an
action
personall
,
as
in
Debt
,
or
other
Action
personall
,
he
shall
not
forfeit
the
profits
of
his
Copy-hold
to
the
King
,
for
that
,
that
he
hath
but
an
Fstate
at
the
Will
of
the
Lord
,
and
the
Free-hold
is
in
the
Lord
,
but
where
a
copy-holder
is
attaint
of
Felony
or
Treason
,
the
Lord
shall
seise
the
Copy-hold
as
forfeit
to
him
,
and
not
to
the
King
,
notwithstanding
where
one
holds
by
Charter
and
is
out-Lawed
in
Action
personall
,
the
King
shall
have
the
profits
of
that
Land
,
9
H.
6.
fol.
20.
But
if
he
make
a
Feoffment
after
he
is
out-Lawed
,
then
the
Feoffee
shall
have
the
profits
,
21
H.
7.
fol.
7.
accordingly
:
Yet
it
is
otherwise
as
is
aforesaid
,
where
a
copy-holder
is
out-Lawed
in
a
personall
action
.
If
one
by
an
Indenture
,
bargain
and
sell
all
his
Lands
,
Tenements
,
and
Hereditaments
,
in
D.
and
Inrol
tha●
accorcording
to
the
Statute
of
27
H.
8.
C.
16.
and
hath
in
D.
Lands
held
by
Charter
,
and
other
Lands
by
copy
,
and
after
levy
a
Fine
,
and
suffers
recovery
of
that
accordingly
;
yet
the
copy-hold
is
not
forfeit
.
The
same
Law
if
a
copy-holder
hath
so
much
Land
in
D.
held
by
copy
,
and
makes
a
Feoffment
of
all
his
Land
in
D.
and
makes
no
Livery
,
this
is
no
forfeiture
,
for
the
Feoffee
is
but
Tenant
at
will
,
the
same
Law
is
,
if
the
copy-holder
let
to
one
for
life
,
and
makes
no
Livery
,
it
is
no
Forfeiture
.
The
same
Law
is
,
if
one
enfeoff
J.S.
by
Deed
of
all
his
Lands
,
Tenements
,
and
Hereditaments
,
in
D.
and
holds
in
D.
part
by
Charter
,
and
part
by
copy-hold
,
and
makes
Livery
of
that
held
by
Charter
,
these
other
Lands
held
by
copy
are
not
forfeit
,
but
if
he
make
Livery
in
any
part
held
by
copy
,
there
is
forfeiture
of
all
his
copy-hold
in
D.
expressed
in
the
Deed.
But
if
one
hath
in
D.
certaine
Lands
in
Socage
by
Charter
,
and
certaine
other
by
copy
,
and
devise
all
his
Lands
,
Tenements
,
and
Hereditaments
,
in
D.
this
is
no
forfeiture
of
the
copy-hold
there
.
It
is
said
that
a
copy-holder
cannot
alien
by
Deed
,
and
for
that
some
collect
if
A.
let
copy-hold
without
Deed
for
yeares
that
,
it
is
no
forfeiture
,
Littleton
fol.
15.
Yet
inquire
.
And
Littleton
fol.
45.
is
,
Where
Lord
lets
to
his
Villain
by
Deed
for
yeares
,
he
is
made
free
,
and
without
Deed
it
seems
he
is
not
made
free
,
and
,
24.
Ed.
3.
in
Villainage
after
,
by
Wilby
without
Deed
is
no
infranchisement
by
Lease
.
And
so
some
say
that
a
Lease
by
copy-holder
by
Deed
for
yeares
,
is
forfeiture
,
and
where
it
is
without
Deed
,
proving
the
Lease
,
it
is
no
forfeiture
,
yet
inquire
,
but
if
it
be
not
a
perfect
Lease
by
word
for
yeares
,
but
by
words
of
implication
,
and
gives
no
Fine
nor
other
consideration
,
and
the
copy-holder
gainsay
that
Lease
,
when
it
comes
in
question
in
the
Lords
Court
,
this
seems
no
forfeiture
;
also
if
a
Stranger
makes
wast
,
as
in
cutting
Trees
growing
upon
the
copy-hold
,
where
by
the
custome
of
the
Mannor
,
the
copy-holder
cannot
make
wast
,
that
is
no
forfeiture
,
the
same
Law
is
,
where
a
copy-holder
by
license
of
his
Lord
,
hath
let
for
yeares
to
J.S.
which
makes
wast
,
this
is
no
forfeiture
of
copy-hold
of
Inheritance
,
Also
if
one
within
the
view
of
copy-hold
,
saith
to
one
,
I
will
not
out
you
,
during
your
life
,
or
within
the
copy-hold
,
he
saith
,
I
am
content
that
you
shall
have
my
copy-hold
Land
for
tearme
of
your
life
,
or
lets
to
him
for
life
,
without
Deed
,
and
without
Livery
upon
the
Deed
,
it
is
no
forfeiture
.
Where
one
hath
a
Rent-Seck
,
if
the
Tenant
upon
demand
,
deny
to
pay
it
,
or
if
the
Tenant
be
not
then
ready
to
pay
,
this
is
a
denying
,
which
is
Disseisin
,
but
if
the
copy-holder
do
not
deny
to
pay
his
Rent
upon
demand
,
though
he
hath
no
Money
ready
to
pay
that
,
and
so
doth
not
pay
that
,
is
no
forfeiture
,
Lit.
51.
See
,
42
Ed.
3.
fol.
25.
If
a
copy-holder
be
in
prison
divers
yeares
,
and
by
that
meanes
comes
not
to
make
suit
at
divers
Courts
,
but
is
absent
,
yet
this
is
no
forfeiture
of
his
copy-hold
,
the
same
Law
is
,
if
his
Rent
be
demanded
upon
the
Land
,
and
he
is
in
prison
in
the
Goal
,
this
is
no
forfeiture
;
the
same
Law
is
,
if
he
be
hindred
by
infirmity
,
or
by
stop
of
Waters
to
come
to
the
Lords
Court
,
or
to
pay
his
Rent
;
it
is
no
forfeiture
.
The
same
Law
is
,
if
he
be
much
in
Debt
,
and
in
feare
to
be
arrested
,
or
if
one
be
bankrupt
,
and
keep
his
House
,
and
doth
not
come
to
the
Lords
Court
,
but
makes
divers
defaults
,
these
are
no
forfeitures
of
their
copy-holds
.
But
if
he
deny
to
come
to
the
Court
of
the
Lord
,
this
is
a
forfeiture
of
his
copy-hold
.
But
if
the
Lord
claime
a
Fine
,
custome
,
or
services
,
which
is
in
doubt
,
whether
due
or
not
,
and
the
Tenants
pray
the
Lord
that
the
Homagers
may
inquire
if
it
be
due
or
not
,
and
saith
,
if
it
be
found
by
the
Homagers
upon
their
Oath
,
that
they
are
due
,
or
if
there
can
be
Presidents
shewed
,
that
it
is
due
,
he
will
pay
it
,
this
is
no
forfeiture
of
his
copy-hold
.
If
twelve
are
assembled
against
the
form
of
this
Statute
,
then
if
any
copy-holder
,
being
a
Yeoman
,
Handy-crafts-man
,
Artificer
,
Husbandman
,
or
Laborer
,
and
being
of
the
age
of
eighteen
yeares
or
more
,
and
under
forty
years
,
not
Impotent
,
Lame
,
Maimed
,
nor
having
reasonable
excuse
,
and
being
required
to
serve
the
Queen
,
for
any
the
causes
in
the
Statute
,
and
refuses
,
he
shall
forfeit
his
copy-hold
during
his
life
,
1
Marie
chap.
12.
If
a
copy-holder
in
Court-Baron
will
say
to
his
Lord
,
that
he
extorts
,
and
exacts
Fines
,
and
Services
not
due
;
or
such
unreverent
words
of
his
Lord
,
and
they
be
false
,
that
is
finable
,
but
no
forfeiture
.
But
if
he
deny
to
be
Tenant
to
the
Lord
,
and
to
be
a
Juror
of
the
Homage
,
it
is
a
forfeiture
,
but
if
a
copy-holder
indict
his
Lord
,
or
gives
in
evidence
in
an
action
against
his
Lord
,
or
arrest
him
,
or
commence
a
Suite
against
his
Lord
in
any
Court
of
the
Queens
,
these
are
not
finable
,
nor
no
forfeiture
.
If
Tenant
in
taile
be
of
a
copy-hold
,
the
remainder
over
in
Fee
,
if
the
Tenant
in
taile
be
attaint
of
Felony
,
it
seems
that
the
Issue
in
taile
shall
have
the
Land
,
and
not
the
Lord
.
If
a
copy-holder
make
a
Feoffment
of
his
copy-hold
,
and
the
Feoffee
dies
seised
,
and
his
Heires
levy
a
Fine
of
that
,
and
five
yeares
passe
,
the
Lord
is
barred
to
seise
the
Land
by
forfeiture
,
as
it
seems
.
Some
Copy-holder
by
the
custome
may
make
waste
,
and
is
no
Forfeiture
,
and
waste
by
some
Copy-holder
is
Forfeiture
.
LOpping
of
Trees
by
a
copy-holder
is
no
forfeiture
,
but
a
copy-holder
cannot
lop
Trees
,
and
burn
that
in
the
house
upon
other
Land
or
Mannor
,
nor
sell
the
lops
,
unlesse
by
the
custome
he
may
make
wast
.
If
a
Guardian
in
Socage
of
a
copy-hold
make
waste
,
the
Infant
shall
not
forfeit
his
copy-hold
,
but
only
the
Interest
of
the
Wardship
,
but
inquire
.
If
Lessee
for
yeares
of
a
Copy-hold
make
wast
,
and
inquire
when
he
is
Lessee
for
yeares
by
surrender
,
and
when
he
is
Lessee
by
the
license
of
the
Lord
,
it
is
said
,
it
is
a
forfeiture
,
but
during
the
Tearm
.
J.
S.
Seised
in
fee
of
an
Acre
in
D.
by
Charter
,
and
of
another
by
copy
,
and
make
a
Feoffment
and
Livery
in
the
Acre
by
Charter
in
name
of
them
both
,
it
is
no
forfeiture
of
the
Acre
by
copy
,
but
if
he
make
Livery
in
the
Acre
by
copy
in
name
of
both
,
the
Acre
by
Charter
passes
and
it
is
forfeiture
of
the
Acre
by
copy
.
If
a
copy-holder
suffer
a
common
recovery
against
him
at
the
common
Law
,
and
after
surrenders
to
the
use
of
another
which
is
admitted
,
and
after
one
or
two
admittances
passe
upon
surrender
,
yet
after
when
the
Lords
takes
notice
of
the
forfeiture
,
he
may
well
seise
it
,
for
that
forfeiture
,
for
that
,
that
the
copy-hold
was
destroyed
by
the
forfeiture
.
But
otherwise
it
seems
,
if
the
forfeiture
do
not
destroy
the
Copy-hold
,
as
if
he
make
wast
or
break
any
custome
,
the
Lord
is
barred
by
this
admittance
,
as
it
seems
.
If
a
copy-holder
levy
a
Fine
,
and
five
yeares
passe
after
Proclamation
,
this
seems
,
barres
the
copy-holder
and
his
Heires
,
but
it
seems
doth
not
barr
the
Lord
,
but
if
a
copy-holder
make
a
Feoffment
and
Livery
of
his
copy-hold
,
and
after
levy
a
Fine
,
and
six
yeares
passe
,
now
the
Lord
is
barred
.
If
two
Joynt
Tenants
by
copy
are
,
and
one
makes
wast
in
all
the
Land
,
yet
he
shall
forfeit
but
one
part
.
If
the
Heire
of
a
copy-holder
having
notice
of
the
death
of
his
Ancestor
,
do
not
claime
within
the
yeare
and
day
,
after
the
death
of
the
Ancestor
,
and
Proclamation
made
,
he
shall
loose
it
for
ever
,
but
otherwise
it
is
if
he
be
beyond
Sea
,
or
within
age
,
or
a
Woman
having
a
Husband
,
it
seems
she
shall
not
loose
by
not
claiming
.
Tenant
for
life
of
a
Mannor
is
,
and
copy-holder
of
that
commits
wast
,
and
the
Tenant
for
life
dyes
,
he
in
remainder
may
seise
the
Land
for
this
wast
,
for
that
it
is
a
forfeiture
which
runs
with
the
Land
.
See
before
forfeiture
,
touched
in
the
Title
of
copy-holder
.
Formedon
.
In
so
much
,
that
plaints
are
sued
in
nature
of
Formedon
,
for
Copy-holds
,
something
shall
be
said
touching
Formedon
,
and
first
let
us
see
where
a
Formedon
lies
,
and
where
not
,
and
for
that
,
that
there
are
three
manner
of
Formedons
,
that
is
,
Formed
on
in
Discender
,
Remainder
,
and
Reverter
,
in
Fitzh
.
Nat.
Brevium
,
and
there
declared
how
everyone
lieth
,
much
shall
not
be
said
,
but
what
is
in
Fitzher
.
Natura
brevium
,
touching
the
lying
of
a
Formedon
.
FOrmedon
in
Discender
lieth
where
the
Donee
in
taile
or
free
Marriage
,
aliens
that
Land
so
given
in
taile
,
or
is
disseised
and
dies
,
his
Heire
shall
have
a
Formedon
in
Discender
to
recover
these
Lands
so
given
in
taile
,
Fitzh
.
f.
211.
A.
Where
Tenant
in
taile
aliens
or
is
disseised
,
or
if
recovery
be
against
him
by
default
,
after
default
,
and
hee
dies
,
his
heire
shall
have
a
Formedon
,
for
the
heire
shall
not
have
other
recovery
of
the
possession
of
his
Ancestor
then
by
Formedon
,
but
if
he
be
outed
of
his
own
possession
,
as
if
he
be
seised
,
and
be
put
out
he
shall
have
Assise
,
Natura
brevium
fol.
145.
Formedon
lies
by
the
heire
of
a
gift
made
before
the
Statute
of
Westm.
2.
Where
the
Donee
after
the
Statute
aliens
and
dies
,
and
yet
the
Statute
is
,
(
to
gifts
before
made
it
shall
not
be
extended
)
12
H.
4.
f.
9.
Where
there
is
a
Tenant
in
Dower
,
or
by
the
curtesie
,
the
reversion
to
another
in
taile
,
if
one
intrude
after
the
death
of
the
Tenant
in
Dower
or
by
the
curtesie
,
he
in
reversion
shall
not
have
Intrusion
but
Formedon
,
Fitzh.
204.
D.
Woman
Tenant
in
taile
takes
a
Husband
,
which
aliens
,
and
after
they
are
divorced
,
and
after
the
Wife
dies
,
the
heire
of
the
Wife
shall
not
have
(
A
cui
in
vita
)
but
a
Formedon
,
Fitzh
.
f.
204.
K.
If
Tenant
in
taile
lets
for
life
,
and
the
Tenant
for
life
aliens
in
fee
,
the
Tenant
in
taile
shall
have
a
(
consimili
casu
)
or
a
Formedon
at
his
pleasure
,
Fitz.
f.
207.
D.
Where
land
is
given
to
one
for
life
,
the
remainder
to
the
Father
in
tayl
,
if
it
were
executed
in
the
Father
,
and
he
Alien
,
the
Issue
may
have
a
Formedon
in
Discender
generally
,
or
may
have
special
Writ
making
mention
,
how
it
was
given
for
life
,
the
remainder
to
his
Father
in
tayl
,
and
one
or
other
is
good
,
44
Ed.
3.
fol.
6.
In
conveyance
of
Degrees
,
ye
need
not
name
him
Heir
,
but
Son
of
him
which
was
not
seised
,
but
it
is
a
surer
way
to
name
him
Son
and
Heire
to
every
one
,
if
hee
were
seised
or
not
,
but
he
cannot
omit
any
in
his
Writ
which
was
seised
.
If
the
Demandant
omit
in
Formedon
,
one
which
held
the
Estate
,
that
is
to
say
,
who
was
seised
,
the
Writ
shall
abate
;
otherwise
it
is
in
Scire
facias
,
4
Ed.
2.
tit
.
48.
Formedon
in
Discender
shal
abate
,
for
that
he
omitted
one
in
the
Writ
which
held
an
Estate
,
44
Edw:
3.
fol.
40.
The
Demandant
in
Formedon
ought
to
make
his
discent
,
by
all
which
held
the
Estate
otherwise
,
the
Writ
shall
abate
,
46
Ed.
3.
fol.
9.
Though
the
Demandant
be
made
heire
to
him
which
dyed
in
the
life
of
his
Father
which
was
not
seised
,
yet
the
Writ
shall
not
abate
,
but
is
good
,
48
Ed.
3.
fol.
7.
Where
the
Demandant
in
Formedon
in
Discender
makes
mention
of
any
,
and
not
of
all
,
the
Writ
shall
abate
,
49
Ed.
3.
fol.
20.
Formedon
,
and
the
Register
was
shewed
,
by
which
it
was
held
that
he
ought
to
make
him
Son
to
every
one
,
and
Sonne
and
Heire
to
him
which
last
held
the
Estate
,
but
if
he
makes
him
Son
and
Heire
to
every
one
,
that
is
more
,
and
good
notwithwanding
that
every
one
did
not
hold
the
Estate
,
11
H.
6.
fol.
25.
The
Writ
is
not
the
worse
,
though
in
the
same
it
be
mentioned
that
he
is
the
heir
of
one
,
or
that
he
should
have
scarce
been
heir
to
him
if
he
had
lived
,
if
he
be
heir
to
him
that
last
was
seised
,
11
H.
4.
f.
70.
The
Demandant
in
Formedon
ought
to
name
him
Son
and
Heir
to
him
that
was
seised
;
But
if
one
survive
his
father
,
and
were
not
seised
,
he
need
not
name
himself
heir
,
but
son
onely
;
but
it
is
a
sure
way
to
name
him
son
and
heire
,
or
cozen
and
heire
to
every
one
,
Fitzh
.
fol.
212.
F.
Formedon
abate
,
for
that
he
made
himself
cozen
and
heir
to
the
Donee
,
where
his
father
was
seised
after
the
death
of
the
Donee
,
and
no
mention
was
made
of
him
,
10
Edw.
3.
tit.
41.
Esplees
shall
be
alleadged
in
Formedon
in
reverter
,
in
the
Donor
,
and
in
the
Donee
,
and
in
formedon
in
descender
and
remainder
,
in
the
Donee
onely
.
Formedon
in
reverter
,
It
behoveth
to
lay
the
Esplees
in
his
Count
in
the
Donor
and
Donee
,
but
in
formedon
in
descender
and
remainder
in
the
Donee
onely
,
50
Ed.
3.
fol.
1.
Fitzh
.
fol.
220.
Formedon
in
remainder
,
he
alleadgeth
Esplees
in
the
Tenant
for
life
,
and
not
in
the
Donor
,
and
in
formedon
in
reverter
,
in
the
Donor
and
Donee
,
9
H.
6.
fol.
53.
11
Ed.
3.
tit.
31.
the
same
,
and
18
Ed.
2.
tit.
20.
Formedon
in
remainder
,
he
counts
upon
the
matter
without
laying
the
Esplees
in
the
Donor
,
and
it
is
good
,
27
Ed.
3.
tit.
36.
Of
what
things
Formedon
lyeth
,
and
of
what
not
.
Formedon
lyeth
of
Gorse
,
but
not
of
an
Advowson
,
Fitzh
.
fol.
217.
B.
It
lies
of
pasture
for
10
beasts
,
and
not
of
common
,
but
a
Writ
called
quod
permittat
,
Fitzh.
212.
B.
Formedon
lyeth
of
Common
in
gross
.
Inquire
of
15.
Ed.
3.
Statham
fol.
95.
It
lyes
of
a
Corody
;
that
is
to
say
,
of
Rent
,
and
certain
breads
,
by
the
opinion
of
the
Court
,
18
Ed.
3.
Statham
,
10
book
of
Assise
,
fol.
11.
Nuper
obiit
,
was
maintained
of
a
Corody
.
Ward
.
For
that
that
in
the
second
Article
is
inquired
,
if
Tenant
of
the
Lord
dies
,
if
his
Heir
shall
be
in
ward
or
not
,
and
for
that
let
us
see
where
the
Lord
shall
have
the
Ward
of
the
heir
of
his
Tenant
within
age
,
which
holds
of
him
by
Knights
service
,
and
where
not
.
ANd
note
where
the
Heir
of
Lands
held
by
Knights
service
,
shall
be
said
in
by
discent
,
to
be
in
Ward
,
and
where
not
:
If
the
father
devises
his
Land
held
in
Knights
service
to
his
Son
and
Heir
in
fee
and
dies
,
hie
Heir
within
age
,
he
shall
be
adjudged
in
by
discent
,
and
shall
be
in
Ward
;
But
if
it
were
devised
to
his
Son
and
Heir
,
and
to
the
Heires
of
his
body
,
the
remainder
to
another
in
fee
;
and
dies
the
Son
within
age
,
he
shall
not
be
in
Ward
,
for
he
is
in
as
purchasor
,
3
H.
6.
fol.
47.
Where
the
Heir
recovers
Land
held
in
Knight-service
,
in
formedon
in
discendor
,
he
shall
be
adjudged
in
by
discent
,
and
if
he
were
within
age
shall
be
in
ward
,
2
R.
3.
fol.
14.
and
11
H.
7.
fol.
12.
Inquire
,
if
he
recover
in
Dum
non
fuit
compos
mentis
.
See
Fitzh
.
fol.
114.
If
the
Heir
enter
for
the
condition
broken
,
in
lands
held
by
Knights
service
,
he
shall
be
adjudged
in
by
discent
,
and
shall
be
in
ward
,
if
he
be
within
age
when
he
enters
,
11
H.
7.
f.
12.
7
H.
4.
f.
13.
and
6
H.
4.
f.
the
same
.
If
the
Father
and
the
Son
purchase
land
held
by
Knights
service
,
to
them
,
and
to
the
heires
of
the
father
,
and
the
father
dies
,
though
the
son
within
age
,
he
shall
not
be
said
in
by
discent
to
be
in
ward
,
43
Ed.
3.
fol.
36.
But
by
32
H.
8.
ch.
1.
If
they
be
held
of
the
King
by
Knights
service
,
the
King
shall
haue
the
ward
of
them
.
Where
two
or
more
hold
joyntly
lands
held
of
the
King
by
Knights
service
,
to
them
and
to
the
heires
of
one
of
them
,
and
he
which
hath
the
Inheritance
dies
,
his
heir
within
age
,
the
King
shall
have
the
ward
of
the
body
of
the
infant
,
though
that
the
other
which
hath
the
Free-hold
be
alive
.
See
the
Stat.
of
Wills
32
H.
8.
chap.
1.
If
an
Infant
in
the
life
of
his
Father
be
made
Knight
,
Rastall
,
Wills
23.
and
his
Father
dies
,
he
shall
be
in
ward
;
but
otherwise
it
is
where
an
Infant
in
ward
is
made
a
Knight
,
there
he
shall
be
out
of
ward
,
2
Ed.
6.
Tit.
Ward
42.
Magna
Charta
,
chap.
3.
Where
Reversion
discends
to
the
Issue
within
age
,
he
shall
be
in
ward
;
but
where
he
hath
a
remainder
by
purchase
,
is
otherwise
;
and
where
he
in
remainder
dies
,
his
heir
within
age
shall
be
in
ward
,
Stamf.
fol.
6.
and
7.
the
same
.
See
the
Comment.
35
H.
8.
tit.
119.
A
person
twice
in
ward
,
where
a
woman
was
young
with
child
,
as
a
man
dies
seised
of
land
held
in
Knights
service
,
his
brother
and
heir
within
age
,
the
Lord
seises
the
Ward
,
the
wife
of
the
Tenant
being
young
with
child
with
a
Son
,
and
after
the
wife
is
delivered
,
the
brother
is
out
of
Ward
,
But
if
the
Infant
die
,
the
brother
yet
within
age
,
there
the
brother
shall
be
in
Ward
again
;
the
same
law
where
a
Daughter
is
in
Ward
,
and
after
the
Son
is
born
.
28
H.
8.
T
it
Ward
86.
If
the
King
hath
an
Heir
in
ward
which
is
a
woman
,
and
she
marry
to
one
before
she
be
of
the
age
of
14
years
,
there
she
shall
be
in
ward
but
to
the
age
of
14
yeares
,
and
then
may
sue
Livery
;
for
the
two
years
to
make
16
years
,
are
not
given
but
to
tender
marriage
,
and
for
that
she
shall
be
out
of
ward
at
14
years
.
The
husband
seised
in
fee
of
Lands
held
in
Knights
service
,
enfeoffs
diverse
at
this
day
to
the
use
of
himselfe
and
his
Wife
,
and
the
heires
of
their
two
bodies
begotten
,
and
for
default
of
such
Issue
,
to
the
use
of
the
right
heires
of
the
Husband
,
and
the
Husband
and
the
Wife
have
Issue
within
age
,
and
the
Husband
dyes
,
though
the
Wife
live
and
hath
the
Land
,
the
Issue
shall
be
in
Ward
of
the
body
,
as
it
is
sayd
:
The
same
Law
,
where
a
man
seised
in
Fee
of
Lands
held
by
Knights
service
,
makes
a
gift
in
taile
to
J.
S.
the
remainder
to
his
right
heires
,
and
dyes
,
his
Issue
within
age
,
he
shall
be
in
ward
of
the
body
,
though
Tenant
in
taile
have
the
Land
.
If
a
Reversion
of
an
Estate
for
life
,
or
for
yeares
,
be
in
my
Father
,
and
that
discends
to
me
,
I
shall
be
in
ward
,
but
otherwise
it
is
of
a
Remainder
;
but
if
a
Remainder
of
an
Estate
for
life
be
in
my
Father
,
and
that
discends
to
me
,
and
after
Tenant
for
life
dyes
,
I
shall
be
in
ward
,
11
H.
7.
fol.
19.
33
H.
6.
fol.
6.
8
Edw.
3.
tit.
23.
and
33
Edw.
3.
tit.
8.
By
Choke
,
If
Infant
be
Tenant
for
life
,
and
the
Reversion
discends
to
him
,
he
shall
not
be
in
Ward
,
9
Ed.
4.
fol.
19.
Where
an
Estate
is
to
an
Husband
and
his
Wife
,
and
to
the
heires
of
the
body
of
the
Husband
,
the
remainder
to
the
right
heires
of
the
Husband
,
the
Husband
hath
Issue
within
age
and
dyes
,
the
Wife
is
▪
Tenant
to
the
Lord
,
and
for
that
the
Issue
shall
not
be
in
ward
.
And
if
Lands
be
let
to
one
for
life
,
the
remainder
to
the
right
heires
of
J.
S.
the
same
J.S.
dyes
,
and
Tenant
for
life
dyes
,
T.
S.
being
right
heire
of
J.
S.
and
within
age
,
shall
not
be
in
ward
,
for
he
is
a
purchasor
,
15
Ed.
4.
fol.
10.
Tenant
for
life
,
the
remainder
to
another
in
taile
,
he
in
remainder
dyes
,
his
Issue
within
age
,
the
Issue
shall
be
in
Ward
,
if
Tenant
for
life
be
dead
,
33
H.
6.
fol.
6.
Tenant
for
life
,
the
remainder
in
Fee
,
dyes
,
his
heir
shal
not
be
in
Ward
,
for
Tenant
for
life
is
Tenant
.
Lord
and
Tenant
,
the
Tenant
is
disseised
and
dyes
,
his
Issue
within
age
,
he
shall
be
in
Ward
,
Fitzh
.
fol.
142.
B.
C.
D.
Stamf.
fol.
8.
the
same
.
3
H.
4.
fol.
16.
the
same
.
Littleton
,
fol.
87.
the
same
.
Lord
and
Tenant
,
the
Tenant
hath
a
Daughter
within
age
,
being
his
heire
,
and
he
marries
that
Daughter
to
a
Husband
of
full
age
,
and
dyes
,
the
Lord
shall
not
have
Ward
of
the
body
;
but
if
he
marry
his
Daughter
to
a
Husband
within
age
,
shee
shall
be
in
Ward
,
Natura
brevium
,
fol.
98.
Tenant
for
life
,
the
remainder
in
taile
to
the
Husband
and
his
Wife
,
the
remainder
to
the
right
Heires
of
the
Husband
;
the
Husband
and
the
Wife
dye
,
his
heire
within
age
,
living
the
Tenant
for
life
,
the
heire
shall
not
be
in
ward
,
Fitzh.
143.
A.
A
man
makes
a
Feoffment
before
the
Statute
of
Uses
,
to
the
use
of
himselfe
for
life
,
the
remainder
to
W.S.
in
taile
,
the
remainder
to
the
right
Heires
of
the
Feoffor
,
the
Feoffor
dyes
;
and
W.S.
dies
without
Issue
,
the
right
heire
of
the
Feoffor
being
within
age
shall
be
in
ward
,
for
he
is
in
by
discent
,
for
the
Fee
was
not
out
of
the
Feoffor
:
But
where
one
makes
a
Feoffment
in
Fee
,
upon
condition
,
to
re-enfeoffe
him
,
and
the
Feoffee
gives
to
the
Feoffor
for
life
,
the
remainder
to
another
in
taile
,
the
remainder
to
the
right
heires
of
the
Feoffor
,
and
the
Feoffor
dyes
,
and
he
in
remainder
in
taile
also
dyes
without
Issue
,
the
heire
of
the
Feoffor
within
age
,
he
shall
not
be
in
ward
,
32
H.
8.
tit
.
Ward
,
93.
Estate
is
made
to
one
for
life
,
the
remainder
to
the
Husband
and
Wife
in
taile
,
the
remainder
to
the
right
heires
of
the
Tenant
for
life
;
the
Husband
and
the
Wife
have
Issue
a
Son
,
which
hath
Issue
two
Daughters
,
and
after
the
Son
and
the
Wife
dyes
,
and
after
the
Son
dyes
,
and
after
the
Tenant
for
life
dyes
,
the
two
Daughters
within
age
shall
be
in
Ward
,
28
Ed.
3.
tit.
48.
Marlebridge
,
chap.
6.
Gives
the
Lord
remedy
,
where
his
Tenant
aliens
by
Collusion
,
to
defraud
the
Lord
.
Marlebridge
,
chap.
16.
Gives
Mortdancester
for
the
heire
in
Ward
against
the
Lord
,
unlesse
he
may
have
his
Land
at
full
age
.
Prerog
.
chap.
6.
If
a
Woman
before
the
death
of
her
Ancestors
which
holds
of
the
King
in
cheife
,
before
the
yeares
of
marriage
,
be
marryed
,
then
the
King
shall
have
the
Custody
of
her
body
,
till
the
age
that
shee
may
consent
,
and
then
let
her
choose
,
&c.
If
an
Infant
be
marryed
before
the
yeares
of
marriage
,
in
the
life
of
her
Father
,
and
the
Father
dyes
,
and
the
Wife
dyes
,
before
the
dayes
of
marriage
of
an
Infant
,
yet
the
Infant
shall
be
in
Ward
,
and
shall
be
marryed
againe
by
the
Lord
,
Stamf.
fol.
27.
5
Mar.
tit
.
Ward
,
124.
it
is
held
,
That
marriage
is
as
nothing
,
for
shee
may
marry
another
,
without
Divorce
,
within
the
yeares
of
marriage
.
A
gift
is
made
to
one
in
taile
,
the
remainder
to
the
right
heires
of
J.
S.
which
was
dead
,
T.
S.
hath
that
as
right
heire
;
but
if
he
be
within
age
,
he
shall
not
be
in
Ward
,
for
he
is
in
as
purchasor
,
12
Ed.
4.
fol.
2.
7
H.
4.
fol.
5.
11
H.
4.
fol.
72.
&
15
Ed.
4.
fol.
13.
the
same
.
A
Woman
of
the
age
of
fifteen
yeares
,
at
the
time
of
the
death
of
her
Ancestor
,
shall
not
be
in
Ward
,
for
the
Lord
shall
not
have
Ward
there
till
sixteen
,
35
H.
6.
fol.
48.
&
28
H.
8.
tit
.
86.
If
the
King
hath
a
woman
in
Ward
,
and
shee
marry
before
fourteen
,
shee
shall
be
in
Ward
but
to
fourteen
,
for
the
two
yeares
are
given
to
tender
marriage
,
and
shee
is
marryed
:
See
Westminst.
1.
chap.
22.
Merton
,
chap.
6.
Gives
ravishment
of
Ward
and
double
value
:
And
Merton
,
chap.
7.
gives
the
value
of
the
marriage
,
West
.
2.
chap.
12.
Magna
Charta
,
chap.
6.
The
heires
shall
be
marryed
without
disparagement
.
Merton
,
chap.
7.
Of
Lords
which
marry
those
that
they
have
in
their
custody
,
to
Villaines
or
others
,
as
Burgers
,
where
they
are
disparaged
:
If
such
an
heire
were
within
fourteen
yeares
,
and
of
such
yeares
that
shee
cannot
consent
to
the
marriage
,
then
if
the
Parents
complaine
of
that
Lord
,
the
Lord
shall
loose
the
custody
,
till
the
age
of
the
heire
,
&c.
But
if
shee
were
of
fourteen
yeares
and
more
,
and
agreed
to
such
marriage
,
no
punishment
follows
,
Littleton
21.
See
what
are
disparagements
,
and
what
not
.
Now
let
us
see
where
your
Lord
shall
loose
the
ward
,
for
that
that
he
holds
part
in
cheife
,
and
what
hee
shall
loose
by
that
.
THe
Lord
the
King
shall
have
the
Custody
of
all
the
Lands
of
those
,
which
of
him
hold
in
cheife
,
by
Knights
service
,
of
which
the
sayd
Tenants
were
seised
in
their
Demesne
as
of
Fee
,
the
day
that
they
dyed
,
of
whomsoever
they
held
,
by
the
like
services
,
&c.
Prerogative
,
chap.
1.
If
any
hold
of
Us
by
Fee
farme
,
or
by
Socage
,
or
Burgage
,
and
of
another
holds
Land
by
Knights
service
,
We
shall
not
have
the
custody
of
the
Heire
,
nor
of
the
Land
which
is
of
anothers
Fee
,
by
the
reason
of
Fee
farme
,
or
Socage
,
or
Burgage
,
Magna
Charta
,
chap.
27.
11
H.
7.
fol.
18.
If
one
hold
of
the
King
in
cheife
,
and
dyes
,
his
heire
within
age
,
and
hath
Lands
discended
from
another
Ancestor
,
the
King
shall
not
have
the
Lands
in
Ward
which
discended
from
another
Ancestor
:
And
it
seemes
if
a
Remainder
be
in
my
Father
,
and
that
discends
to
me
,
I
shall
be
in
Ward
of
the
body
,
living
the
Tenant
for
life
,
otherwise
it
is
of
a
Reversion
,
for
Reversion
is
a
Tenement
and
held
;
but
if
a
Reversion
discend
,
and
the
Tenant
for
life
living
,
I
shall
not
be
in
Ward
;
but
if
hee
dye
first
,
otherwise
it
is
:
And
if
my
Father
dye
seised
of
a
Remainder
,
and
the
Tenant
for
life
after
dye
seised
,
during
the
time
that
I
am
within
age
,
I
shall
be
in
Ward
.
32
H.
8.
tit
.
Ward
.
97.
Where
a
man
holds
certaine
Land
of
the
King
in
Socage
in
cheife
,
the
King
shall
not
have
Livery
of
more
then
of
the
Land
in
Socage
:
The
same
Law
where
he
holds
in
Knights
service
of
the
King
,
Rastall
,
Ward
13.
and
not
in
cheife
,
the
King
shall
not
have
more
in
Ward
,
but
onely
that
which
is
held
of
him
immediately
.
If
one
hold
of
the
King
in
cheife
,
the
King
shall
have
all
his
Land
in
Ward
,
as
well
held
of
him
as
of
others
:
But
otherwise
it
is
,
if
he
hold
of
the
King
,
only
by
Knights
Service
,
Stam.
fol.
6.
Though
that
the
Tenant
of
the
King
be
in
possession
of
Lands
held
of
others
,
the
King
shall
have
them
in
ward
by
his
Prerogative
,
Stamford
fol.
7.
Where
the
Tenant
of
the
King
doth
not
hold
of
the
King
in
cheife
,
the
King
shall
not
have
the
ward
of
Lands
held
of
other
Lords
,
Stamford
,
fol.
10.
Grand-Father
,
Father
,
and
Son
Infant
,
the
Grand-Father
is
seised
of
a
Mannor
held
of
J.S.
and
the
Father
of
another
Mannor
held
of
the
King
,
in
cheife
,
the
Father
dies
,
the
King
shall
have
the
ward
of
that
Mannor
,
and
after
the
Grand-Father
dyes
,
the
King
shall
not
have
the
Ward
of
his
Mannor
;
the
Statute
of
Prerog
.
is
,
That
the
King
shall
have
the
custody
of
all
the
Lands
,
&c.
of
which
the
Tenants
themselves
were
seised
of
in
fee
,
the
day
that
they
dyed
,
and
for
that
,
that
the
Father
was
not
seised
of
that
,
the
King
shall
not
have
it
in
ward
,
15
Ed.
4.
f.
10.
If
any
hold
of
the
King
in
fee
Farm
,
Socage
,
or
Burgage
,
and
holds
also
of
another
in
Knights
Service
,
the
King
shall
not
have
the
Lands
,
held
of
another
in
Ward
,
by
reason
of
those
,
Magna
Charta
,
chap.
17.
Where
a
man
holds
certain
Lands
of
the
King
,
Rastall
,
Ward
3.
in
Socage
in
cheif
,
of
these
he
shall
not
have
Livery
of
more
then
the
Land
in
Socage
,
32
H.
8.
Tit.
97.
Also
where
one
holds
of
the
King
by
Knights
Service
,
and
not
in
cheife
,
the
King
shal
not
have
more
in
ward
,
but
that
only
which
is
held
of
him
immediately
,
during
the
time
that
the
Lands
are
seised
in
the
Kings
hands
in
Ward
;
otherwise
Lords
shall
loose
their
Rents
,
that
is
to
say
,
that
they
cannot
distraine
during
that
time
,
Stam.
f.
9.
Where
one
holds
part
of
his
Land
of
the
King
in
cheife
,
and
part
of
another
Lord
,
and
dies
,
his
heire
within
age
,
and
the
King
seises
the
Ward
of
all
,
it
seems
that
the
Rent
of
another
Lord
,
and
Service
is
but
suspended
,
for
the
time
that
it
is
in
the
hands
of
the
King
,
26
H.
8.
fol.
9.
The
Signiorie
of
another
Lord
,
in
the
case
next
before
is
suspended
,
but
from
the
distresse
,
during
the
possession
of
the
King
,
13
H.
7.
f.
15.
If
a
man
holds
part
of
the
King
,
and
part
of
another
Lord
,
and
dies
his
Heire
within
age
,
which
intrudes
at
his
full
age
,
and
paies
the
Rent
to
the
other
Lord
,
this
is
a
good
Seisin
,
and
shall
binde
him
after
he
hath
sued
his
Livery
,
for
the
Signiorie
was
not
suspended
by
the
possession
of
the
King
,
but
only
the
distresse
,
for
after
Livery
the
other
Lord
may
distrain
for
the
Arrearages
due
before
,
see
now
,
34
H.
8.
Tit.
Seisin
48.2
Ed.
6.
chap.
8.
That
the
Lords
shall
have
their
Rents
during
the
minority
,
at
the
hands
of
the
Kings
Officers
.
26
H.
8.
Tit.
ward
85.
If
the
Kings
Tenant
alien
in
fee
without
license
,
and
dies
,
his
Heire
within
age
,
the
King
shall
not
have
ward
,
for
that
,
that
there
is
nothing
discended
to
him
,
for
the
alienation
is
good
;
saving
the
trespasse
to
the
King
,
which
is
but
Fine
by
Seisor
.
1
H.
7.
f.
5.
If
the
Heire
intrude
upon
the
possession
of
the
King
,
and
levy
a
Fine
;
this
is
void
by
the
Statute
of
Prerog
.
chap.
13.
Which
is
where
one
intrudes
,
there
ariseth
unto
him
no
Free-hold
,
but
if
the
Heire
levy
Fine
without
intrusion
that
shall
binde
him
and
his
Heires
.
Time
of
H.
8.
Tit.
alienation
22.
Tenant
of
the
King
in
cheife
cannot
alien
for
tearm
of
life
without
license
,
for
he
alters
the
Free-hold
.
Magna
charta
,
chap.
4.
If
a
Guardian
by
the
Kings
Grant
,
makes
destruction
or
waste
,
he
shall
loose
his
Guardianship
,
&c.
Magna
charta
,
chap.
5.
The
Guardian
shall
keep
up
the
Houses
,
Parkes
,
Warrens
,
Stanks
,
Mills
,
&c.
West.
1.
chap.
11.
Where
a
Tenant
lets
for
yeares
and
dies
,
the
Lord
by
Knights
Service
in
time
past
might
have
outed
a
Farmor
,
during
the
Nonage
;
but
it
is
not
so
at
this
day
.
IF
the
Tenant
let
for
yeares
and
dies
,
his
Heire
within
age
,
the
Guardian
shall
out
the
Farmor
,
yet
he
shall
have
Covenant
against
the
Heire
at
his
full
age
,
for
this
Tearm
which
the
Guardian
hath
during
his
Nonage
,
34
Ed.
1.
Title
120
Guardian
may
out
the
Farmor
,
and
yet
at
full
age
the
Lessee
shall
have
his
Tearm
again
,
Britton
fol.
163
It
is
held
that
a
Guardian
may
out
the
Farmor
for
yeares
,
but
not
the
Farmor
for
life
,
5
H.
7.
f.
37.
Fitzh
.
f.
142.
C.
the
same
,
33
H.
6.
f.
47.
the
same
,
and
14
H.
7.
fol.
24.
Guardian
cannot
out
Tenant
by
Elegit
,
but
he
may
out
the
Farmor
,
Statham
,
1
Ed.
3.
Tit.
13.
1
Ed.
3.
fol.
103
by
Sharde
.
A
Guardian
may
out
the
Farmor
,
and
so
may
out
him
which
hath
execution
by
a
Statute
Merchant
,
inquire
of
Tenant
by
Elegit
,
33
H.
6.
fol.
47.
and
36
Ed.
3.
Tit.
That
Guardian
may
out
Tenant
by
Statute
Merchant
.
Guardian
in
Knights
Service
cannot
out
the
Termor
,
36
H.
8
Lease
58.
35
H.
8.
Tit.
85.
the
same
.
It
is
granted
by
all
the
justices
,
that
the
King
shall
not
out
the
Farmor
of
his
Tenant
,
by
reason
that
the
heire
of
his
Tenant
is
in
ward
,
nor
he
which
hath
execution
upon
the
Statute
,
nor
Rent
charge
granted
by
his
Tenant
,
nor
grant
of
next
Advowson
,
Time
of
,
H.
8.
Tit.
Ward
44.
Now
if
the
Tearm
be
not
found
in
the
Office
for
the
King
,
yet
the
Farmor
shall
injoy
his
Tearm
,
2
Ed.
6.
chap.
8.
Where
there
is
Lord
and
Tenant
,
Rastall
,
Escheat
,
15.
and
the
Tenant
grants
a
Rent
charge
and
dies
;
his
Issue
within
age
,
the
Lord
being
Guardian
,
shall
hold
this
Land
charged
,
3
Book
of
Ass.
1.
Seisin
.
Seisin
of
the
Guardians
vests
Free-hold
in
the
Heire
,
and
Chattell
in
the
Guardian
,
and
Seisin
of
the
Lord
of
parcell
sufficeth
to
have
ward
,
but
not
to
avow
for
all
,
and
see
what
Seisin
is
materiall
.
WHere
by
Office
one
is
found
in
ward
to
the
King
,
that
settles
the
profits
in
the
King
,
and
the
Freehold
in
the
Heire
,
1
H.
7.
fol.
6.
and
42
Ed.
3.
f.
4.
Seisin
of
the
Ward
,
is
Seisin
of
the
Son
within
age
;
so
that
if
he
dye
without
other
Seisin
,
the
Daughter
of
the
halfe
blood
shall
not
have
this
Land
,
8
Book
of
Assises
6.
Possession
of
the
Guardian
is
possession
of
the
Heir
,
for
if
the
Guardian
be
outed
,
the
Heire
shall
have
Assise
without
other
Seisin
,
2
Ed.
4.
f.
5.
Though
the
Free-hold
be
in
him
which
is
in
ward
,
yet
if
he
(
being
in
Ward
)
cut
the
Trees
of
his
Land
in
Ward
;
the
Lord
may
have
trespasse
against
him
,
5
H.
4.
fol.
2.
If
the
Tenant
holds
by
Homage
,
Fealty
,
and
Rent
,
and
the
Lord
hath
been
seised
of
the
Rent
,
but
not
of
the
Homage
within
memory
;
yet
this
sufficeth
to
have
the
ward
,
6
Ed.
6.
Tit.
Ward
122.
If
the
Tenant
hold
by
Rent
and
Knights
Service
,
and
the
Lord
and
his
Ancestors
have
been
alwaies
seised
of
the
Rent
,
but
not
of
the
Homage
,
Escuage
,
not
of
the
ward
,
yet
if
the
ward
fall
:
The
Lord
shall
have
the
Ward
of
the
Heire
by
Seisin
of
the
Rent
,
for
the
Seifin
is
not
traversable
,
notwithstanding
,
otherwise
it
seems
to
make
avowrie
,
7
Ed.
6.
tit.
69.
13
H.
4.
Seisin
of
Homage
without
Escuage
is
sufficient
to
have
releife
for
avowrie
.
22
Ed.
3.
Tit.
90.
Tenure
B.
By
the
Seisin
of
Escuage
,
the
Lord
may
distraine
and
make
Avowrie
for
Homage
.
27
H.
8.
fol.
25.
Avowrie
for
Fealty
and
Rent
,
and
Issue
upon
the
Tenure
,
Seisin
of
the
Rent
is
not
good
evidence
,
nor
Seisin
of
Suit
of
Court
,
for
it
is
another
thing
that
the
Avowrie
is
made
for
.
44
Ed.
3.
f.
11.
Seisin
of
Fealty
is
not
iufficient
Seisin
to
have
Assise
of
Rent
,
but
sufficient
Seisin
to
make
Avowrie
for
all
,
45
Ed.
3.
fol.
23.
the
same
Seisin
of
Escuage
nor
releife
,
shall
not
be
traversed
,
and
for
that
where
one
avows
for
Homage
,
Fealty
,
Releife
,
and
Escuage
,
it
is
no
Plea
that
he
was
not
seised
of
Escuage
,
nor
of
releife
,
for
paradventure
Escuage
is
not
assessed
by
Parliament
within
memory
,
13
H.
4.
f.
6.
Where
one
holds
by
Fealty
and
Rent
,
If
the
Lord
were
seised
of
the
Rent
,
it
is
sufficient
to
avow
for
all
,
see
29
Ed.
3.
fol.
31.
and
27.
H.
8.
f.
24.
But
the
Issue
was
upon
the
Tenure
.
Where
one
holds
by
Fealty
and
Rent
,
Seisin
of
Fealty
is
sufficient
to
avow
for
all
,
45
Ed.
3.
f.
28.
&
44
Ed.
3.
f.
10.
See
,
27
H.
8.
f.
24.
Seifin
of
parcell
of
Rent
is
sufficient
to
have
Assise
of
all
,
8
Book
of
Ass.
4.
But
if
one
hold
by
Fealty
and
Rent
,
Seisin
of
Fealty
is
not
sufficient
to
have
an
Assise
of
Rent
,
Nat.
Bre.
fol.
109.
If
one
hold
by
Fealty
,
and
Rent
,
Seisin
of
Fealty
is
not
sufficient
to
have
an
Assise
of
Rent
,
Abridg.
Book
of
Ass.
fol.
16.
Seisin
of
Rent
by
the
Predecessor
of
a
Parson
,
&c.
Of
a
corporation
,
if
it
be
gainfaid
to
the
Successor
,
it
is
sufficient
to
have
an
Assise
of
this
Seisin
,
Fitzh
.
fol.
179.
C.F.
Seisin
of
Fealty
is
not
sufficient
to
have
Assise
of
Rent
,
20
H.
3.
Tit.
Avowrie
433.
Where
one
holds
by
Fealty
,
and
ten
shillings
Seisin
of
parcell
of
the
Rent
sufficeth
to
have
Assise
for
all
.
Inquire
time
of
Ed.
1.
Tit.
Avowrie
229.
One
may
avow
for
releif
,
without
alleadging
any
Seisin
of
it
,
20
Ed.
3.
Title
.
One
may
have
Escheat
and
Ward
before
that
he
be
seised
of
the
Services
,
11
H.
4.
f.
16.
Where
one
avows
for
that
,
that
the
Plaintiff
hath
common
in
his
Land
,
and
hath
used
to
pay
to
him
ten
shillings
,
and
hath
used
to
distraine
for
that
,
it
is
not
good
without
alleadging
Seisin
of
that
Rent
,
26
H.
8.
fol.
6.
Homage
and
Fealty
.
And
for
that
,
that
the
third
Article
of
the
charge
is
to
inquire
of
Services
withdrawn
,
and
for
that
,
that
some
Tenants
make
Homage
and
Fealty
,
and
some
Fealty
only
,
you
ought
to
see
the
form
in
Master
Littleton
,
fol.
18.
and
19.
Of
making
of
one
and
of
another
,
and
what
shall
be
one
and
what
the
other
,
and
that
none
shall
make
Homage
nor
take
Homage
,
but
such
a
one
which
hath
an
Estate
;
in
Fee
simple
or
in
Fee
taile
,
in
his
own
right
or
in
right
of
another
,
and
if
a
Woman
having
Lands
in
Fee
,
or
in
taile
;
takes
a
Husband
and
have
Issue
.
The
Husband
in
the
Life
of
his
Wife
shall
make
Homage
,
but
before
Issue
it
shall
be
made
in
both
their
names
,
and
if
the
Wife
dye
the
Husband
shall
not
make
Homage
.
HOmage
shall
not
be
made
to
Tenant
in
Dower
,
for
it
shall
be
made
to
none
,
if
he
hath
not
Inheritance
,
22
Ed.
3.
f.
19.
7
H
4.
fol.
21.
He
which
holds
by
Knights
Service
shall
make
Homage
.
Litt.
fol.
22.
He
that
holds
by
Socage
may
hold
by
Homage
,
and
shall
make
Homage
.
One
cannot
avow
upon
a
Husband
and
a
Wife
,
as
of
right
of
the
Wife
for
Homage
,
unlesse
that
the
Husband
hath
Issue
by
the
Wife
,
but
if
he
avow
upon
them
,
it
need
not
be
alleadged
,
but
it
shall
be
intended
that
they
have
Issue
,
see
44
Ed.
3.
fol.
41.
and
43
Ed.
3.
fol.
13.
Corporation
cannot
make
Homage
,
for
corporation
cannot
appeare
but
by
Attorney
,
33
H.
8.
Title
Fealty
15.
Bishop
or
Abbot
may
take
Homage
,
contrary
of
Parson
of
a
Church
,
Time
of
Ed.
1.
Tit.
Fealty
12.
In
a
(
Perque
servitia
)
an
Infant
was
constrained
to
attorn
,
and
to
make
Fealty
,
notwithstanding
his
nonage
,
20
Ed
3.
Tit.
19.
Tenant
for
yeares
shall
make
Fealty
to
his
Lessor
,
Lit.
fol.
29.
D.
9
H.
6.
fol.
43.
and
5
H.
7.
fol.
11.
accordingly
,
where
a
Rent
is
reserved
.
By
all
the
Justices
,
that
Tenant
for
yeares
shall
not
make
Fealty
,
for
it
is
(
as
I
beleeve
)
to
be
intended
not
to
the
Lord
,
but
to
the
Lessor
,
10
H.
6.
f.
13.
It
seems
that
a
Lessor
may
avow
upon
a
Lessee
for
years
as
within
his
Fee
,
by
the
Mannor
,
and
for
that
shall
make
Fealty
to
his
Lessor
,
and
may
avow
for
that
,
40.
Ed.
3.
fol.
34.
If
Rent
of
a
Lessee
for
yeares
be
behinde
,
the
Lessor
cannot
avow
upon
the
Termor
,
as
of
Tenant
upon
the
Land
,
but
upon
the
matter
,
47
Ed.
3.
fol.
the
last
.
24
H.
8.
Tit.
Fealty
8.
In
the
Exchequer
held
,
that
if
Lands
discends
to
me
which
is
held
of
J.S.
by
Homage
,
and
I
make
to
him
Homage
,
and
after
other
Land
discends
to
me
by
another
Ancestor
held
of
J.S.
also
by
Homage
I
shall
make
Fealty
,
but
not
Homage
again
,
for
I
am
become
his
man
before
,
the
same
Law
is
,
if
both
the
Tenements
are
held
of
the
King
by
Homage
,
he
shall
not
have
two
Homages
but
one
Homage
only
,
Lit.
f.
29
Tenant
at
will
by
the
common
Law
shall
not
make
Fealty
to
the
Lessor
,
but
Tenant
by
copy
at
will
according
to
the
custome
of
the
Mannor
shall
make
Fealty
to
his
Lord
,
Lit.
in
the
end
of
the
first
book
and
f.
29.
and
10
H.
6.
f.
13.
accordingly
.
If
there
be
Lord
and
Tenant
and
the
Tenant
holds
three
Acres
of
the
Lord
by
Fealty
and
Rent
,
and
aliens
all
the
three
Acres
,
the
Lord
is
not
held
to
change
his
Avowrie
without
notice
,
and
to
avow
upon
the
Feoffee
,
for
Fealty
and
Rent
:
But
if
he
will
he
may
;
the
same
Law
,
if
he
alien
but
one
Acre
,
not
that
the
Statute
of
Westminster
the
third
is
,
that
he
shall
hold
for
that
particular
,
yet
this
is
upon
notice
,
8
Ed.
4.
fol.
12.
and
47.
Ed.
3.
fol.
4.
If
the
Tenant
make
a
Feoffment
,
and
there
is
no
notice
made
to
the
Lord
;
and
the
Tenant
dies
,
the
Lord
may
distraine
the
Issue
,
for
Fealty
and
Rent
,
and
avow
upon
him
,
for
it
sufficeth
that
he
dies
Tenant
,
though
he
doth
not
dye
seised
of
the
Land
,
44
Ed.
3.
fol.
13.
If
the
Tenant
be
disseised
and
the
Disseisor
dyeth
seised
,
the
Lord
there
cannot
distraine
the
Tenant
for
Fealty
,
but
the
Issue
of
the
Disseisee
,
32
H.
6.
fol.
31.
and
34
H.
6.
fol.
51.
If
the
Tenant
hold
by
Fealty
and
Rent
,
if
the
Tenant
make
a
Feoffment
in
Fee
,
the
Lord
may
distraine
the
Beasts
of
the
Feoffee
for
Fealty
and
Rent
:
And
make
avowrie
upon
the
Feoffor
till
notice
be
given
,
and
after
notice
given
he
shall
avow
upon
the
Feoffee
,
if
he
tender
the
arrearages
,
otherwise
not
,
for
by
the
Feoffment
and
notice
he
shall
not
loose
the
arrearages
,
but
may
distrain
as
above
,
and
avow
upon
the
Feoffor
for
the
arrearages
.
But
I
intend
if
the
Lord
accept
Fealty
of
the
Feoffee
he
hath
lost
the
arrearages
,
47
Ed.
3.
f.
4.
Note
that
by
the
Statute
of
,
21.
H.
8.
chap.
9.
One
may
avow
the
taking
in
the
Land
if
he
will
,
as
within
his
Fee
and
Lordship
,
as
in
Lands
held
of
him
;
without
avowing
or
justiffing
of
any
person
certaine
.
Where
one
in
ward
of
the
King
holds
of
a
common
person
also
by
Homage
or
Fealty
,
the
Lord
cannot
distraine
for
Homage
,
or
Fealty
;
during
the
time
that
it
is
in
the
Kings
hand
,
and
yet
the
Signiorie
is
not
suspended
but
only
from
distresse
,
so
that
after
he
may
distraine
,
13
H.
7.
fol.
16.
If
Tenant
in
taile
which
holds
by
Fealty
makes
a
feoffment
,
yet
the
Donor
cannot
avow
upon
the
Feoffee
for
Fealty
,
but
if
one
recover
against
a
Tenant
in
taile
,
the
Donor
ought
to
avow
upon
him
,
which
recovers
for
the
Fealty
,
and
if
there
be
Lord
and
Tenant
,
and
the
Tenant
were
disseised
,
and
the
Lord
accepts
the
Rent
of
the
disseisor
,
yet
that
shall
be
but
as
a
Bailiff
to
the
Disseisee
,
and
ought
to
avow
upon
the
Disseis
.
otherwise
I
suppose
of
Fealty
,
41
Ed.
3.
f.
26.
If
there
be
Lord
and
Tenant
by
Homage
and
Fealty
,
and
the
Tenant
be
disseised
,
and
the
Lord
accept
Homage
of
the
Disseisor
,
he
cannot
avow
for
Homage
upon
the
Disseisee
,
Fitzh.
142.
E.
Hariot
.
For
that
,
that
diverse
Lords
of
Mannors
have
Hariots
,
and
these
are
to
be
inquired
for
the
Lord
in
Court-Baron
,
in
the
second
Article
of
Charge
.
It
is
to
be
noted
that
there
are
two
manner
of
Hariots
,
that
is
to
say
,
Hariot
custome
,
and
Hariot
service
,
and
for
that
Hariot
custome
is
properly
as
it
seems
,
after
the
death
of
the
Tenant
for
life
and
for
yeares
,
and
of
every
Estate
,
and
also
is
upon
altenation
.
IT
is
properly
Hariot
custome
after
the
death
of
the
Tenant
for
life
,
8
H.
7.
fol.
11.
To
have
a
Hariot
after
the
Death
of
every
Tenant
,
that
is
to
say
,
for
life
and
for
yeares
,
is
a
Hariot
custome
,
21
H.
7.
f.
16.
&
f.
13.
the
same
.
To
have
a
Hariot
after
the
death
of
the
Tenant
for
life
is
Hariot
custome
,
for
Hariot
service
is
after
the
death
of
the
Tenant
in
Fee
,
21
H.
7.
Tit.
5.
Br.
Custome
that
every
Tenant
of
every
Estate
ought
to
pay
Hariot
after
his
death
,
is
Hariot
custome
,
14
H.
4.
f.
5.
Where
the
Lord
is
to
have
Hariot
upon
every
surrender
,
or
upon
every
alienation
,
is
Hariot
custome
,
3
H.
6.
Tit.
8.
b.
Note
that
a
Hariot
custome
may
be
due
after
death
or
alienation
,
as
the
custome
will
serve
.
It
seems
Hariot
service
is
properly
after
the
Death
of
Tenant
in
fee
upon
discent
,
and
not
upon
every
Estate
,
as
before
is
said
.
HAriot
service
is
by
reason
of
the
Tenure
,
8
H.
7.
fol.
20.
Hariot
service
is
by
the
Tenure
and
if
the
Tenant
alien
the
Land
without
notice
,
yet
the
Lord
may
distraine
upon
the
Land
for
the
Hariot
,
for
it
is
by
reason
of
the
Tenure
,
and
the
Land
is
charged
,
8
H.
7.
f.
10.
B.
6.
that
is
by
prescription
.
Hariot
service
is
after
the
death
of
the
Tenant
in
fee
,
and
not
of
every
Estate
,
21
H.
7.
f.
13.
B.
5.
You
shall
see
more
for
payment
of
Hariot
service
,
title
discent
before
,
and
title
releife
after
.
Where
a
Ha●iot
is
certaine
,
the
Lord
may
seise
that
as
Hariot
custome
,
and
note
that
for
Hariot
service
,
he
may
distrain
,
it
seems
where
it
is
certaine
to
have
the
best
Beast
,
that
he
may
seise
.
THE
Lord
may
seise
as
well
for
Hariot
service
,
where
he
is
to
have
the
best
Beast
,
as
for
Hariot
custome
.
But
it
is
said
in
another
place
,
that
for
Hariot
custome
he
shall
alwaies
seise
,
and
not
distraine
,
for
the
property
is
in
the
Lord
forthwith
,
38
Ed.
3.
fol.
7.
Br:
2.
For
Hariot
custome
the
Lord
may
seise
,
and
if
it
be
conveyed
away
he
shall
have
a
(
Detinue
)
and
for
Hariot
service
,
if
it
be
conveyed
away
he
may
distraine
,
time
of
,
H.
8.
Br.
6.
Doctor
and
Student
f.
65.
The
Lord
hath
property
in
Hariot
custome
,
and
may
seise
that
;
and
for
Hariot
service
he
may
distrain
and
not
seise
,
8
H.
7.
f.
10.
Br.
7.
He
cannot
prescribe
to
distraine
for
Hariot
custome
,
though
that
it
be
conveyed
away
,
for
that
,
that
he
may
have
a
,
Detinue
,
for
the
Law
adjudges
possession
in
him
,
13
Ed.
3.
Br:
9.
It
is
adjudged
that
the
Lord
may
seise
Hariot
service
as
well
as
Hariot
custome
,
See
Plowdens
Commentaries
,
fol.
96.
between
Woodland
and
others
,
and
16
H.
7.
f.
5.
It
seems
where
the
Lord
prescribes
to
have
the
best
,
he
may
seise
for
that
,
that
it
is
certaine
,
6
Ed.
3.
Tit.
but
inquire
.
Who
shall
pay
Hariot
,
and
who
not
,
and
when
it
shall
be
paid
,
and
what
remedy
upon
putting
it
away
.
ISsue
in
avowry
,
if
he
die
his
Tenant
,
for
the
Lord
shall
have
Hariot
,
though
that
the
Tenant
do
not
dye
scised
,
for
it
is
sufficient
if
he
dyed
his
Tenant
,
though
that
he
did
not
dye
seised
,
44
Ed.
3.
fol.
13.
Br:
1.
and
7
H.
4.
fol.
17.
The
Husband
and
Wife
,
and
their
Son
purchase
lands
joyntly
hariotable
,
and
the
Husband
dies
,
the
Lord
shall
not
have
a
Hariot
till
after
the
death
of
the
last
of
them
,
24
Ed.
3.
fol.
50.
Br.
4.
and
Fitzh.
3.
25
Ed.
3.7
.
and
19.
R.
2.
tit
.
Hariot
5.
Where
a
man
dies
seised
of
two
Houses
hariotable
,
the
Tenant
shall
pay
two
Hariots
,
and
note
there
the
prescription
that
a
Parson
shall
have
the
best
Mortuary
,
and
the
Lord
the
second
best
,
and
if
the
Lord
shall
have
the
second
best
,
was
the
Issue
taken
,
7
H.
6.
fol.
26.
Br.
3.
Beasts
which
are
remaining
within
the
Fee
of
the
Lord
,
if
they
be
removed
out
of
the
Lordship
,
the
Lord
may
take
them
for
Hariot
,
where
he
is
to
have
Hariot
after
the
death
of
every
Tenant
,
27
Book
of
Ass.
24.
If
my
Tenant
which
holds
of
me
by
a
Hariot
,
aliens
parcell
of
his
land
to
another
,
every
one
of
them
shall
pay
Hariot
,
for
that
,
that
it
is
intire
,
34
Ed.
3.
Fitzh.
3.
After
the
death
of
a
Prior
,
Hariot
shall
not
be
paid
,
for
that
he
hath
no
property
in
the
Beasts
,
32
Ed.
2.
Fitzh.
7.
If
a
Husband
,
Wife
,
and
their
Son
,
are
seised
for
their
lives
,
the
remainder
to
their
said
Son
in
taile
,
after
the
death
of
the
Husband
the
Lord
shall
not
have
a
Hariot
,
for
he
was
not
sole
seised
,
24
Ed.
3.
Tit.
3.19
R.
2.
Tit.
5.
The
same
:
for
it
is
said
there
,
that
if
one
do
not
dye
sole
Tenant
,
there
shall
be
no
hariot
paid
,
Recordare
longum
,
If
the
Lord
purchase
the
Tenancy
held
by
hariot
service
,
then
the
hariot
is
extinct
,
by
the
unity
of
possession
,
for
that
,
that
it
is
service
annexed
to
the
Land
,
but
I
intend
that
it
is
otherwise
of
hariot
custome
,
where
the
Lord
grants
over
the
land
,
14
H.
4.
f.
8.
and
8
H.
7.11
.
Note
that
hariot
is
due
immediately
after
the
death
of
the
Tenant
.
Trespasse
,
the
Defendant
as
Lord
may
justifie
taking
of
hariot
within
his
Fee
,
or
if
the
taking
were
out
,
it
is
good
,
and
the
conveying
it
out
is
to
no
purpose
,
but
that
the
Lord
may
seise
hariot
out
of
his
Lordship
,
for
it
is
not
in
case
of
the
Statute
,
where
the
Lord
distraines
within
his
fee
for
his
services
,
19
R.
2.
Fitzh.
5.
The
Lord
may
seise
Hariot
(
which
is
the
best
Beast
that
his
Tenant
hath
,
which
held
of
him
by
hariot
)
though
they
be
in
some
place
out
of
his
Mannor
,
for
that
,
that
it
is
certaine
,
6
Ed.
3.
Fitzh.
4.
If
one
which
holds
by
hariot
service
,
to
pay
the
best
Beast
dies
,
and
hath
a
Cow
at
the
time
of
his
death
which
is
the
best
;
though
that
the
Executors
sell
that
,
the
Lord
may
seise
that
in
the
hands
of
him
to
whom
shee
is
sold
,
if
the
Sale
be
not
in
an
open
Market
,
and
not
there
,
if
without
fraud
,
16
Ed.
3.
Fitzh.
2.
By
the
custome
of
some
Mannor
,
and
of
most
Mannors
;
the
Lord
shall
have
only
one
hariot
,
upon
the
dying
seised
of
his
copy-holder
,
and
discent
,
and
not
upon
every
surrender
.
But
by
the
custome
of
some
Mannor
,
hariot
is
due
upon
every
surrender
for
life
in
taile
,
or
in
Fee
,
as
well
as
upon
discent
and
that
in
nature
of
a
hariot
custome
at
the
Common
Law
,
and
by
the
custome
of
divers
Mannors
,
the
Lord
hath
no
hariot
of
some
of
his
Tenants
within
the
Mannor
and
of
some
he
hath
.
The
Lord
may
seise
for
hariot
custome
,
the
hariot
,
and
is
to
seise
that
of
the
Goods
of
the
dead
,
and
for
hariot
service
to
distraine
upon
the
land
.
If
a
Copy-holder
of
Inheritance
of
lands
hariotable
,
lying
in
extreamity
,
upon
his
bed
,
surrender
into
the
hands
of
two
Tenants
to
the
use
of
his
eldest
Son
in
Fee
,
and
dies
before
that
surrender
be
presented
in
the
Court
,
the
Lord
shall
have
hariot
,
but
if
this
surrender
had
been
presented
in
Court
,
and
the
eldest
Son
had
been
a●●●ted
accordingly
,
and
after
the
Father
had
dyed
,
there
the
Lord
shall
have
no
hariot
unlesse
it
be
hariot
custome
due
to
him
onely
by
custome
,
upon
every
alteration
,
and
exchange
of
Tenant
for
life
and
in
Fee
.
The
same
Law
is
,
if
the
Father
copy-holder
of
Land
hariotable
,
surrencer
in
the
Lords
Court
to
the
use
of
himself
for
life
,
of
the
Son
of
his
Daughter
for
life
,
and
after
to
the
use
of
the
Son
of
his
Daughter
,
and
to
the
Heires
of
the
Son
,
and
they
are
admitted
accordingly
,
and
after
the
Father
dies
,
the
Lord
shal
not
have
hariot
unlesse
it
be
hariot
by
custome
,
due
upon
every
Estate
for
life
,
in
tail
and
fee
,
upon
every
surrender
which
is
due
by
the
custome
,
but
in
this
case
if
the
hariot
were
due
by
the
death
of
his
Tenants
and
discends
to
the
heire
only
,
then
the
Lord
shall
not
have
the
hariot
.
If
the
Father
being
a
Copy-holder
of
Inheritance
,
or
by
the
custome
,
the
Lord
is
to
have
Hariot
upon
every
discent
only
,
and
he
lying
in
extreames
,
surrenders
into
the
hands
of
the
Steward
,
to
the
use
of
his
eldest
Son
and
his
heirs
and
dies
,
and
after
that
surrender
is
presented
in
Court
,
and
he
is
admitted
accordingly
,
it
seems
that
the
Lord
there
shall
have
a
hariot
.
But
if
the
Father
being
Copy-holder
of
Inheritance
,
or
by
,
the
custome
(
the
Lord
having
Hariot
upon
every
discent
only
)
surrender
in
full
Court
to
the
use
of
his
eldest
Son
and
his
heirs
,
and
the
eldest
Son
is
admitted
accordingly
,
and
after
the
Father
dies
there
the
Lord
shall
have
no
Hariot
.
So
it
seems
,
if
in
this
case
the
Father
surrender
to
the
use
of
himselfe
for
life
,
the
remainder
to
the
use
of
his
eldest
Son
and
his
heires
,
and
they
both
are
admitted
accordingly
,
and
after
the
Father
dies
,
there
the
Lord
shall
not
have
hariot
.
34
Ed.
3.
Statham
,
If
my
Tenant
which
holds
of
me
by
a
hariot
,
alien
parcell
of
that
land
to
another
,
every
of
them
is
charged
to
me
of
a
hariot
,
for
that
it
is
intire
,
and
though
the
Tenant
purchase
the
land
again
,
yet
if
I
be
seised
of
a
hariot
by
another
man
,
I
shall
have
of
him
for
every
portion
a
hariot
,
and
that
by
the
opinion
of
Wilby
and
Sharde
4
Ed.
3.
Statham
Tit.
Avowrie
,
one
avowes
for
hariot
,
Plaintiff
demands
Judgement
,
for
that
he
doth
not
allead
●●eisin
of
the
hariot
,
and
it
seemes
of
hariot
custome
he
need
not
to
alleadge
Seisin
,
but
otherwise
it
is
of
hariot
service
.
6
Ed.
3.
Statham
Tit.
avowrie
,
if
one
avow
for
hariot
custome
,
he
shall
recite
the
custome
in
his
Avowrie
.
24
Ed.
3.
Statham
Tit.
avowrie
,
if
one
avow
for
hariot
,
and
saith
,
that
he
and
his
Ancestors
have
been
seised
,
time
out
of
minde
,
yet
he
ought
to
alleadge
a
speciall
Seisin
in
him
,
or
in
one
of
his
Ancestors
,
and
to
say
by
whose
hand
,
&c.
38
Ed.
3.
Tit.
2.
Br.
It
seems
where
the
Tenant
holds
by
hariot
service
,
that
is
,
if
he
be
to
have
the
best
Beast
,
the
Lord
may
seise
as
well
as
for
hariot
custome
,
for
that
it
is
certaine
,
and
for
hariot
custome
he
shall
alwaies
seise
and
not
distrain
,
for
that
that
the
property
is
in
the
Lord
,
27
Book
of
Ass.
24.
8
H.
7.
f.
10.
13
Ed.
3.
Tit.
9.
Brook
For
hariot
custome
he
may
have
an
action
against
whosoever
conveyes
it
away
,
and
a
Detinue
against
him
which
denies
it
,
for
he
hath
property
in
the
thing
,
and
the
Law
adjudgeth
possession
in
him
without
seisure
,
as
of
the
Body
of
a
ward
which
is
transitory
.
Time
of
H.
8.
for
hariot
custome
,
a
man
alwaies
shall
seise
,
and
if
it
be
conveyed
away
,
he
may
have
a
Detinue
,
and
for
hariot
service
as
here
conveyed
away
,
he
may
distraine
,
but
not
for
hariot
custome
.
3
H.
6.
f.
45.
Trespasse
,
the
Defendant
prescribes
in
him
and
his
Ancestors
,
Tenants
of
the
Mannor
of
D.
to
have
the
best
Beast
for
hariot
upon
every
surrender
,
and
the
Horse
taken
was
the
best
,
the
Plaintiff
saith
,
that
the
property
of
the
Horse
was
not
in
the
Tenant
,
time
of
the
surrender
,
and
a
good
Plea
.
Livery
of
Seisin
.
For
that
,
that
you
give
in
the
second
Article
of
Charge
,
to
know
what
Estates
your
Tenants
have
,
for
that
something
shall
be
said
afterwards
,
which
is
an
Estate
in
Fee
,
and
which
in
taile
,
and
also
of
other
Estates
,
and
first
for
that
to
Feaffments
,
Gifts
,
and
Estates
,
made
in
taile
,
and
for
life
,
by
you
to
others
,
there
ought
to
be
Livery
of
Seisin
,
let
us
see
what
is
good
Livery
upon
the
Land
,
and
what
within
the
view
of
the
Land
,
and
what
not
.
IF
Liver
〈◊〉
made
and
the
Termor
for
years
be
not
outed
,
this
is
not
good
,
21
H.
7.
fol.
7.19
H.
6.56.2
.
Ass.
1.5
Ass.
the
last
,
and
7.
Ass.
3.
And
he
to
whom
the
Livery
is
made
,
stay
a
night
with
the
Termor
,
and
not
out
the
Termor
,
yet
this
is
not
good
,
Britton
fol.
102.
and
29
Ass.
60.
If
Livery
be
made
,
and
the
Termor
be
not
put
out
upon
the
Livery
,
or
that
he
attorn
,
it
is
not
good
,
5
Book
of
Ass.
8.
If
a
Feoffment
be
of
two
Mannors
,
whereof
one
is
in
Lease
for
yeares
,
and
the
Livery
is
made
in
the
other
which
is
not
in
Lease
,
this
in
Lease
doth
not
passe
,
for
there
shall
be
Livery
made
in
that
also
,
or
otherwise
the
Termor
ought
to
attorn
,
11
H.
4.
fol.
71.
To
deliver
a
peice
of
Earth
of
the
land
,
to
him
which
takes
the
Seisin
is
a
good
Livery
,
2
Book
of
Assises
1.
The
Sheriffe
may
deliver
Seisin
of
Rent
recovered
,
by
Beasts
,
Grasse
,
or
Clod
,
and
it
is
good
,
40
Ed.
3.
fol.
22.
Perkins
.
42.
Office
is
granted
in
Forrest
,
to
which
land
is
belonging
,
and
Seisin
is
delivered
by
a
Horn
and
an
Axe
,
and
is
good
,
1
H.
7
f.
17.
the
old
print
.
A
man
makes
a
Feoffment
to
a
Woman
,
and
when
he
comes
to
the
Church
doore
to
be
married
,
he
delivers
to
her
the
Deed
,
and
there
shews
to
her
the
land
and
is
a
good
Livery
,
39
Ed.
3.
fol.
11
and
38.
Ass.
22.
Where
one
is
sick
in
his
House
,
and
delivers
the
Deed
of
Feoffment
in
name
of
Seisin
it
is
good
,
Perk.
fol.
48
A
Deed
by
(
I
have
given
and
granted
)
or
I
have
(
given
)
only
,
sufficeth
to
a
Disseisor
,
if
he
deliver
to
him
the
Deed
without
other
Livery
,
for
it
is
a
confirmation
,
Littleton
121.
One
lying
sick
in
his
House
,
makes
a
Charter
of
that
,
and
saith
,
take
and
keep
according
to
the
Charter
,
and
he
takes
Seisin
,
and
the
Feoffor
be
not
out
,
and
yet
good
,
so
it
is
in
the
same
case
if
he
say
take
Seisin
,
and
command
all
the
Servants
to
attend
on
him
,
27
Book
of
Ass
.
61.
Perkins
f.
43.44
.
&
43
Ass.
20.
There
may
be
Livery
within
the
view
,
as
I
deliver
to
the
Feoffee
a
Deed
of
feoffment
,
and
I
say
that
I
will
that
you
shall
enter
into
the
same
lands
,
and
have
them
according
to
the
Deed
,
it
is
good
if
you
enter
,
Perk.
fol.
43.
and
18
H.
6.
f.
16.
The
Father
infeoffs
his
youngest
Son
of
a●
House
,
and
the
youngest
Son
come
into
the
Church
of
the
same
town
where
the
House
is
,
and
saith
in
the
presence
of
the
Parishioners
,
Father
so
frankly
as
you
have
given
to
me
the
House
,
I
give
that
to
you
,
and
the
Father
goes
to
the
house
and
enters
and
dies
seised
,
and
is
good
;
and
the
eldest
Son
shall
have
that
and
not
the
youngest
,
39
Ass.
12.
Perkins
f.
44.
the
same
,
and
42
Ed.
3.
Feoffment
54.
Note
that
it
is
notorious
,
and
this
the
reason
.
The
Father
makes
a
Feoffment
and
a
Letter
of
Attorney
to
L.
to
make
Livery
,
and
before
the
Deed
delivered
,
commands
L.
to
make
Livery
upon
condition
,
and
he
makes
that
upon
condition
,
it
is
good
,
28
Book
of
Ass.
439.
A
man
makes
a
Feoffment
by
Deed
simply
,
but
he
delivers
Seisin
upon
condition
,
the
Feostee
takes
it
conditionally
,
and
not
by
the
Deed
,
8
H.
5.
fol.
8.18
Ed.
3.
fol.
19.
and
18
Ed.
4.
f.
12.
Littleton
fol.
83.
The
Father
for
advancing
his
youngest
Son
,
makes
to
him
a
Charter
,
and
a
Letter
of
Attorney
,
when
he
was
of
sound
memory
,
and
after
by
sicknesse
cometh
mad
,
so
that
he
was
dumb
at
the
time
of
the
seisin
delivered
,
but
by
all
signes
agreed
,
and
this
is
a
good
livery
,
25
Book
of
Assises
4.
If
a
Lease
be
made
for
life
by
Deed
,
and
the
Lessor
saith
,
Go
you
and
enter
,
but
no
livery
is
made
,
though
that
he
enter
,
yet
by
Newton
,
hee
hath
but
an
Estate
at
will
,
and
no
Freehold
,
18
H.
6.
fol.
16.
When
one
makes
a
Feoffment
,
and
delivers
the
Deed
to
the
Feoffee
,
and
said
,
God
give
you
joy
,
this
is
a
good
livery
,
41
Ed.
3.
fol.
17.
Abridg.
Ass.
fol.
94.
and
41
Ass.
10.
but
it
seems
it
was
within
the
view
.
Feoffment
is
good
of
Lands
by
Deed
,
and
delivering
the
Deed
within
the
view
of
the
Land
,
so
that
the
Feaffee
enters
accordingly
;
but
if
the
Feoffor
dye
before
the
Feoffee
enter
,
then
the
Land
discends
,
and
the
Feoffment
shall
take
no
effect
:
Time
H.
8.
B.
Feoffments
70.
A
man
makes
a
Feoffment
to
another
,
and
delivers
to
him
the
Deed
in
the
Land
,
or
upon
the
Land
;
this
is
a
good
Feoffment
by
all
the
Court
,
35
H.
8.
Brook
,
Feoffments
,
74.
Note
by
these
is
to
be
gathered
,
that
where
the
Feoffor
delivers
the
Deed
,
within
sight
of
the
Land
to
the
Feoffee
,
and
he
enter
,
this
is
a
good
livery
and
seisin
,
but
if
hee
doe
not
deliver
the
Deed
within
the
view
,
nor
use
words
within
the
view
,
which
may
countervaile
livery
,
I
suppose
free-hold
doth
not
passe
.
If
a
Lease
be
made
for
life
by
Deed
,
and
I
deliver
it
out
of
the
view
,
and
no
livery
of
seisin
,
that
he
is
but
Tenant
at
will
,
by
Newton
,
as
it
is
sayd
before
,
18
H.
6.
fol.
16.
Note
,
where
a
Deed
shall
enure
as
a
confirmation
,
without
Livery
of
Seisin
,
and
where
not
.
A
Lease
for
yeares
is
made
,
and
after
the
Lessor
makes
a
Deed
by
(
I
have
given
,
granted
,
and
confirmed
)
to
the
Lessee
,
to
him
and
his
heires
,
and
deliver
to
him
this
Deed
,
this
is
good
without
livery
,
22
Ed.
4.
fol.
37.
and
19
H.
6.
fol.
44.
the
same
.
If
I
let
to
one
for
yeares
,
and
after
make
to
him
a
Deed
by
(
I
have
given
and
granted
)
to
have
the
Land
for
life
,
or
to
him
and
to
his
heires
,
and
deliver
to
him
the
Deed
,
he
hath
an
Estate
according
to
the
Deed
without
livery
and
seisin
;
the
same
Law
where
a
Disseisee
makes
a
Deed
by
(
I
have
given
)
to
the
Disseisor
,
and
delivers
to
him
the
Deed
as
before
is
sayd
,
Lit.
fol.
121.
Feoffment
to
diverse
,
and
livery
to
one
,
where
both
take
,
and
where
not
;
and
where
one
makes
a
Letter
of
Attorney
by
words
,
is
not
good
.
A
Man
makes
a
Feoffment
by
Deed
to
twenty
,
and
delivers
the
Deed
and
Seisin
to
one
,
in
the
name
of
all
,
this
is
good
to
them
all
,
but
if
he
enfeoffe
twenty
without
Deed
,
and
Delivers
seisin
to
one
in
name
of
all
,
this
is
good
to
him
onely
:
Time
of
H.
8.
Br:
Feoffment
72.15
Ed.
4.
fol.
18.
and
10
E.
4.
fol.
1.
by
Choke
.
Tenant
enfeoffs
the
Lord
and
another
,
and
makes
livery
to
the
other
,
nothing
vests
in
the
Lord
,
without
his
agreement
,
10
E.
4.
fol.
12.6
E.
4.
fol.
4.
Where
a
Corporation
and
another
are
enfeoffed
,
livery
to
one
is
not
good
to
both
,
for
that
,
that
they
take
in
Common
,
and
for
that
livery
shall
be
to
both
of
them
,
7
H.
7.
fol.
9.
by
Hussey
.
Attorney
by
word
cannot
make
livery
,
19
H.
8.
fol.
9.
by
Shelley
and
Englefeild
.
A
man
enfeoffe
foure
by
Deed
,
and
one
makes
letter
of
Attorney
to
J.
S.
to
take
seifin
for
him
and
the
rest
,
and
he
takes
seisin
accordingly
,
the
residue
take
nothing
by
the
seisin
,
17
H.
8.
Br:
Feoff
.
67.
Mortdancester
.
Many
times
Mortdancester
is
brought
of
Copy-hold
Land
,
and
for
that
some
thing
shall
be
said
of
Mortdancester
;
and
it
seemes
if
the
Tenant
traverse
one
point
of
the
writ
,
the
residue
shall
not
be
inquired
:
Contrary
is
by
9
Ed.
3.
fol.
30.
Fitzh
.
Mortdancester
13.
IF
one
takes
Issue
upon
one
point
,
and
found
against
him
,
the
residue
shall
be
held
confessed
,
27
H.
8.
fol.
12.
and
39
Ass.
13.
But
Abridgement
of
Assise
fol.
120.
If
the
Tenant
plead
in
Barr
which
is
found
against
him
,
the
Assise
ought
not
to
inquire
of
the
points
at
large
.
Mortdancester
,
If
the
Tenant
traverse
one
of
the
points
of
the
Writ
,
as
to
say
,
that
he
is
not
next
heire
,
and
is
found
for
the
Plaintiffe
,
there
he
shall
not
inquire
of
other
points
,
for
when
one
point
is
traversed
,
all
others
are
in
manner
acknowledged
,
otherwise
it
is
where
he
acknowledgeth
no
point
,
as
pleading
that
the
Plaintiffe
is
a
Bastard
,
there
they
ought
to
inquire
of
the
residue
of
the
points
,
Statham
,
35
E.
3.
If
the
Tenant
traverse
one
of
the
points
of
the
Writ
,
the
remainder
shall
be
held
not
gainsayd
by
Sharde
,
14
E.
3.
tit
.
Fitzh.
8.33
E.
3.
Fitzh.
34.
accordingly
.
Abridgement
of
Assise
,
fol.
118.
The
points
of
the
Writ
are
three
,
that
is
,
First
,
if
the
Ancestor
of
the
Demandant
was
seised
in
his
Demesne
,
as
of
fee
,
the
day
that
he
dyed
.
Secondly
,
If
he
dyed
seised
within
fifty
yeares
last
past
.
Thirdly
,
If
the
Demandant
be
next
heire
.
The
Tenant
saith
,
that
the
Ancestor
of
the
Plaintiffe
did
not
dye
seised
in
fee
,
and
the
Assise
charged
upon
all
the
points
,
9
Ed.
3.
tit.
13.
and
9
Book
of
Assises
14.
according
,
B.
21.
If
the
Tenant
plead
in
Barr
,
without
that
,
that
the
Father
of
the
Demandant
dyed
seised
;
if
that
be
found
against
him
,
the
points
of
the
Writ
shall
not
be
inquired
,
but
if
he
plead
to
the
Writ
,
it
is
otherwise
,
27
H.
8.
fol.
12.
by
Fitzherbart
.
Where
the
Tenant
traverseth
one
of
the
points
of
the
Writ
,
and
the
Assise
is
awarded
,
and
found
for
the
Plaintiffe
,
he
shall
not
inquire
of
the
other
points
,
but
shall
be
taken
confessed
,
Abridgement
Book
of
Ass.
fol.
118.
If
the
Tenant
pleads
Feoffment
or
Surrender
,
he
ought
to
traverse
the
dying
seised
.
IF
the
Tenant
pleads
matter
in
Deed
,
as
Feoffment
of
the
same
Ancestor
,
they
ought
to
traverse
the
dying
seised
,
but
if
hee
plead
recovery
,
this
is
a
Barr
,
unlesse
the
Tenant
convey
title
afterwards
,
6
Ed.
4.
fol.
11.
Mortdancester
,
Natura
brevium
,
119.
By
Thorpe
,
Feoffment
of
the
same
Ancestor
is
no
Plea
in
Barr
,
but
to
the
Assise
,
for
the
Action
is
taken
of
dying
seised
after
,
that
is
to
say
,
The
day
that
he
dyed
,
or
not
,
34
Book
of
Assises
20.
Where
there
shall
be
a
re-summons
,
and
where
the
Assise
shall
be
awarded
upon
default
,
and
the
points
shall
be
inquired
.
THe
Tenant
was
Essoyned
,
and
at
the
day
made
default
,
and
re-summons
was
awarded
,
and
sayd
,
that
it
ought
,
8
Book
of
Assises
13.
Inquire
Fitzh
.
fol.
196.
G.
The
Tenant
was
effoyned
and
at
the
day
made
default
,
and
adjudged
that
the
Assise
shall
be
taken
by
his
default
,
and
that
resummons
shall
not
be
but
immediately
after
Summons
,
4
H.
7.
f.
23.
and
4
Ed.
2.
Fitzh.
37.
A
man
cannot
recover
by
default
in
this
Writ
without
inquiring
of
the
points
of
the
Writ
,
31
Ed.
3.
Tit.
58.
Abridgment
Book
of
Assises
f.
119.
The
Tenant
makes
default
by
which
resummons
went
out
,
upon
which
he
comes
and
pleads
,
and
doth
not
answer
to
the
default
.
Where
it
is
found
against
the
Tenant
,
upon
Plea
which
trencheth
to
the
action
,
the
points
of
the
Writ
shall
not
be
inquired
,
otherwise
it
is
upon
a
Plea
in
abatement
,
see
39
Book
of
Assises
13.
and
29
Book
of
Assises
48.
Mortdancester
,
If
the
Tenant
plead
non-tenure
of
parcell
to
the
Writ
,
and
if
found
,
&c.
And
is
ready
to
heare
the
Recognisance
of
the
Assise
,
the
points
shall
be
inquired
,
20
Book
of
Assises
19.
and
4.
Ed.
2.
fol.
39.
Mortdancester
,
the
Tenant
saith
,
that
he
is
ready
to
heare
Recognisance
of
Assise
,
the
points
inquired
,
12
Ed.
3.
f.
10.
If
the
Tenant
plead
non-tenure
of
parcell
,
he
ought
to
plead
over
to
the
Assise
,
that
is
,
to
pray
that
the
Points
be
inquired
,
12
Book
of
Assisee
8.
and
Abridgment
Book
of
Ass.
fol.
122.
See
there
.
Where
Mortdancester
lyeth
.
IT
lyes
for
the
Heir
,
where
his
Father
,
Mother
,
Brother
,
Sister
,
Uncle
,
Aunt
,
Nephew
,
or
Neece
,
dieth
seised
of
any
Lands
of
an
estate
in
Fee
,
and
an
Estranger
abates
,
there
the
Heir
shall
have
a
Mordancester
,
and
when
his
Father
were
seised
and
disseised
,
the
day
that
he
dyed
,
yet
it
lyes
.
Fitzh
:
fol.
195.
C.D.
If
Tenent
by
the
Curtesie
alien
,
the
Heir
shall
have
Mordancester
unlesse
he
hath
assets
by
him
,
And
if
a
Guardian
hold
over
,
the
Heir
at
full
age
shall
have
a
Mortdancester
:
Fitzh
:
fol
:
196.
E.
F.
Mordancester
doth
not
lye
upon
Lands
devisable
by
Will
,
and
it
is
reason
,
for
it
is
true
,
that
the
Ancester
was
seised
,
the
day
that
he
dyed
,
and
that
he
dyed
seised
,
and
the
Tenant
is
Heir
in
apparence
.
Fitzh
:
fol
:
196.
I.
4
Ed:
2.
Fitzh
:
Mordancester
39.
It
is
a
good
bar
to
plead
devise
of
the
same
Ancester
,
and
so
it
seems
where
there
is
a
devise
now
by
the
Statute
of
Wills
,
Abridg
:
Book
of
Assises
,
fol:
120.
&
32
H.
8.
Chap.
2.
One
Coparcener
shall
not
have
a
Mortdancester
against
another
,
where
their
Ancester
dyed
seised
,
and
one
enters
in
all
,
and
holds
out
his
companion
,
but
(
nuper
obiit
)
and
if
the
Ancester
dye
seised
of
an
estate
tail
and
one
enter
,
and
deforce
the
other
,
he
shall
have
a
Formedon
,
and
not
a
Mortdaneester
.
Fitzh
:
fol
:
196.
L.
Mortmain
.
For
that
that
by
the
9th
.
Article
,
it
is
inquirable
of
Mortmain
,
to
the
intent
that
none
shall
give
in
Mortmain
,
but
that
the
Lord
may
make
his
claim
within
the
time
limited
in
the
Statute
.
Let
us
therefore
see
,
what
is
an
alienation
in
Mortmain
,
and
what
not
.
IF
Villain
of
an
Abbot
,
or
of
a
Corporation
purchase
,
and
the
Abbot
or
the
Corporation
enters
,
this
is
in
Mortmain
,
and
the
Lord
may
enter
within
the
yeer
.
41
Ed:
3.
fol:
16.
Fitzh
:
224.
B.
Contrary
of
Land
which
discends
to
a
Villain
.
41
Ed:
3.21
.
and
48
Ed.
3.27
.
If
a
Feoffment
be
made
to
the
use
of
an
Abbot
,
or
a
Corporation
,
this
is
Mortmain
,
and
within
the
Statute
,
that
the
Lord
may
enter
.
8
H.
4.
fol:
16.
Br:
11.
If
an
Abbot
,
Mayor
and
Commonalty
,
Dean
and
Chapter
,
or
other
Corporation
,
alien
to
another
Corporation
or
Abbot
,
without
license
,
this
is
Mortmain
,
Fitzh
:
212.
D.
The
same
Law
if
one
exchange
with
an
Abbot
or
Corporation
,
this
is
Mortmain
,
and
the
Lord
may
enter
.
Fitzh
:
fol
:
223.
E.
Lord
,
Dean
and
Chapter
,
or
other
Corporation
are
Tenants
,
and
the
Lord
releases
to
Dean
and
Chapter
,
or
to
the
Corporation
,
his
Rent
without
license
,
this
is
Mortmain
.
But
if
he
be
licensed
of
the
King
,
and
of
the
cheif
Lord
,
and
(
Ad
quod
damnum
)
be
sued
,
or
in
the
license
of
the
King
,
this
clause
be
,
that
is
to
say
,
without
any
Writ
of
(
ad
quod
damnum
)
then
the
Mortmain
is
not
to
be
inquired
in
no
case
,
where
such
license
is
used
,
for
that
is
dispensation
,
that
the
King
nor
the
Lord
cannot
enter
for
Mortmain
.
But
if
the
Lord
with
license
in
this
case
aforesaid
,
be
Tenant
in
tail
,
or
for
life
,
and
dyes
,
I
think
it
is
there
inquirable
.
Fitzh
:
fol
:
222.
D.
and
223.
I.
But
if
the
King
grants
to
a
Corporation
liberty
to
purchase
Lands
and
Tenements
to
the
clear
yearly
value
of
40
li.
provided
that
it
be
not
held
in
cheif
,
as
divers
Grants
are
:
If
such
a
Corporation
purchase
Lands
and
Tenements
held
of
the
King
,
as
of
his
Mannours
of
East
Greenwich
,
Depford
,
otherwise
West
Greenwich
,
Sayes
Court
,
Lewsham
fee
,
or
held
of
the
Queen
as
of
her
other
Mannors
,
there
it
is
not
inquirable
of
Mortmain
,
but
it
is
to
be
enquired
in
the
Leet
,
if
they
have
purchased
any
Lands
held
in
chief
,
or
over
such
a
value
in
the
Grant
.
And
also
it
is
to
be
inquired
in
Court
Baron
for
the
Lord
.
If
any
Corporation
have
purchased
any
Lands
or
Tenements
held
of
the
Lords
Mannor
(
notwithwanding
the
Grant
,
and
license
of
the
King
aforesaid
)
for
this
shall
not
be
to
dispence
against
the
Lord
for
Mortmain
.
Where
anuity
is
granted
to
a
Parson
or
a
Vicar
of
a
Church
,
or
to
a
Prior
or
an
Abbot
,
by
any
tenant
,
It
is
no
Mortmain
to
be
inquired
,
for
in
anuity
if
they
recover
,
collusion
shall
not
be
inquired
,
for
that
doth
but
charge
the
Parson
of
the
grantor
,
and
not
the
freehold
,
10
Ed.
4.
fol.
6.34
.
H.
6.
fol
,
37.3
.
Ed.
4.14
:
33.
H.
6.27.20
.
H.
6.7
.
and
17.
Ed.
3.5
.
But
if
any
Tenant
of
the
Lord
,
grant
by
deed
out
of
his
Land
,
any
rent
charge
with
clause
of
distresse
to
any
corporation
,
that
is
Mortmain
,
and
inquirable
.
The
same
Law
is
,
If
any
tenant
will
,
that
a
Corporation
,
shall
have
to
them
and
their
successors
,
a
rent
charge
issuing
out
of
his
Land
,
and
will
not
that
his
Parson
be
charged
in
any
manner
,
by
Writ
of
an
uity
,
but
hath
in
the
end
of
his
Deed
,
provided
alwaies
that
this
present
writing
,
nor
any
thing
in
that
specified
,
shall
in
no
wife
extend
to
charge
my
person
by
Writ
or
Action
of
anuitie
,
but
onely
to
charge
my
Lands
and
Tenements
of
the
yearly
Rent
aforesaid
,
This
is
Mortmain
,
and
inquirable
.
The
same
Law
is
,
if
any
Tenant
of
the
Lord
grant
by
Deed
,
that
if
the
Dean
and
Chapter
,
Mayor
and
Commonalty
,
and
their
successors
,
be
not
yearly
paid
at
the
feast
of
Christmas
20
s.
that
then
it
shall
be
lawfull
for
them
to
distrain
for
the
same
in
the
manner
of
D.
this
is
Mortmain
,
and
inquirable
.
Littl
:
fol.
30.
proves
this
a
good
Grant
.
See
Fitzh.
224
,
G.
But
where
personall
things
are
given
to
a
Corporation
,
as
Horse
,
Cow
,
Ox
,
Sheep
,
hoggs
,
or
other
goods
,
there
in
this
case
Mortmain
is
not
to
be
inquired
,
for
these
so
given
,
are
not
within
the
statute
,
10.
H.
7.
fol.
3.
If
a
Bishop
or
an
Abbot
,
appropriate
to
themselves
an
Advowson
held
of
a
Lord
,
of
which
they
are
seised
in
Fee
without
License
,
that
is
Mortmain
,
and
inquirable
.
Eitzh
:
fol
:
223.
H.
and
5
H
:
7.
fol:
37.
saith
,
that
an
Advowson
lyeth
in
tenure
:
40
Ed:
3.
fol:
44.
accordingly
.
If
a
Fishing
held
of
the
Lord
,
be
granted
by
the
Tenant
,
to
a
Bishop
and
his
Successors
,
or
to
a
Dean
and
Chapter
and
their
Successors
,
this
is
Mortmain
,
and
inquirable
.
40
Ed.
3.
fol:
44.
proves
that
it
lyes
in
tenure
.
The
Statute
of
Religious
,
fol:
79.
is
,
That
no
Religious
,
or
other
whatsoever
,
shall
presume
to
buy
or
sell
,
any
Lands
or
Tenements
,
either
under
colour
of
gift
or
tearm
,
or
by
reason
of
any
Title
whatsoever
,
or
by
any
means
whatsoever
,
art
or
wit
presume
to
appropriate
them
to
him
,
under
the
penalty
of
forfeiting
the
same
,
by
which
the
Lands
or
Tenements
may
come
into
Mortmain
,
by
any
means
.
And
the
Statute
gives
liberty
to
the
next
Lord
(
if
he
come
within
the
yeer
)
to
enter
,
and
if
he
be
negligent
and
do
not
enter
,
then
the
next
Lord
within
half
a
yeer
;
and
if
not
,
then
the
King
after
the
yeer
and
half
may
enter
,
And
it
is
inquirable
in
the
Court
Baron
,
for
the
benefit
of
the
Lord
that
he
may
enter
within
the
yeer
;
and
if
the
Lord
be
negligent
,
and
do
not
take
his
time
limited
by
the
Stature
,
then
the
King
may
enter
,
and
that
is
inquirable
in
Leet
for
the
King
.
25
H.
8.
tit
.
37.
Lord
and
Tenant
,
the
Tenant
lets
for
life
to
I.
S.
the
remainder
to
an
Abbot
and
his
Successors
,
the
Lord
need
not
make
claim
till
the
Tenant
for
life
be
dead
;
for
if
he
will
waive
the
Remainder
,
it
is
no
Mortmain
.
Non-Tenure
.
In
so
much
that
you
sue
here
plaints
for
Coppy-holder
,
and
make
protestation
in
nature
of
what
Writ
serves
your
case
,
and
many
times
non
tenure
in
them
is
pleaded
,
let
us
see
where
non
tenure
is
a
Plea
,
or
is
a
plea
of
parcell
and
not
of
all
.
NOntenure
is
no
Plea
in
a
(
Nuper
obiit
)
for
it
is
to
try
privity
of
blood
,
7
H.
6.
fol.
8.
Fitzh
.
fol.
197.
D.
&
F.
accordingly
,
but
abridgment
,
Ass.
fol.
120.
Non-tenure
is
a
good
Plea
in
Mortdancester
.
If
one
plead
Ancient
Demesne
,
he
cannot
afterwards
plead
Non-tenure
,
for
none
may
plead
ancient
Demesne
but
the
Tenant
,
41.
Ed:
3.
fol.
22.
If
one
plead
Non-tenure
of
parcell
,
he
ought
to
shew
that
he
is
Tenant
of
that
.
But
if
he
plead
Non-tenure
of
al
,
otherwise
it
is
,
8
Ed:
4.
fol.
6.11
.
H.
4.
fol.
16.
and
36
H.
6.6
.
Non-tenure
is
no
Plea
in
(
Scire
facias
)
to
have
Execution
upon
a
Fine
.
7
H.
4.
fol.
12.
Generally
Non
tenure
is
no
plea
in
Scire
facias
to
have
Execution
,
for
that
that
nothing
in
that
is
demanded
,
but
Execution
is
demanded
only
.
But
it
seems
one
may
plead
speciall
Non-tenure
,
as
to
say
that
he
was
a
Disseisor
,
and
the
Disseisee
hath
entered
upon
him
.
7.
H.
6.
fol.
16.
Cessavit
,
and
counts
that
the
Tenant
held
a
house
of
him
by
fealty
and
suit
of
Court
,
he
may
deny
that
he
is
no
Tenant
of
the
whole
house
,
for
he
cannot
tender
the
whole
arrearages
without
his
companion
,
and
goes
in
abatement
of
all
.
Rast.
Non-tenure
1.
But
Non-tenure
of
a
parcell
in
a
(
Precipe
)
shall
not
abate
for
all
.
21
Ed.
4.
fol.
25.
Non-tenure
of
parcel
shal
abate
all
the
Writ
,
by
the
Common
Law
,
and
now
by
the
Statute
but
for
the
parcell
,
36
H.
6.
fol.
6.18
.
Ed.
4.41
.
Ed.
3.20
.
&
4.
Ed.
4.33
.
Littleton
fol.
126.
Formedon
,
If
the
Tenant
plead
Non
tenure
,
Judgement
shall
be
that
the
Tenant
shall
go
without
day
,
and
after
such
judgment
the
Demandant
may
enter
.
26
H.
8.
fol.
3.
Attaint
,
He
which
was
party
to
the
first
Record
,
cannot
plead
Non-tenure
,
by
Hare
,
but
his
feoffee
may
.
21
H.
6.
fol.
62.
Attaint
against
him
which
recovers
,
and
the
petty-Jury
and
he
saith
,
that
he
was
not
tenant
day
of
the
Writ
purchased
,
and
held
good
.
6.
Book
of
Assises
.
Attaint
against
J.S.
upon
a
verdict
which
passed
for
J.
S.
in
a
Writ
of
Entry
upon
disseisin
,
and
notwithstanding
that
J.
S.
pleads
as
Tenant
,
yet
for
that
,
that
he
was
not
Tenant
day
of
this
attaint
nor
ever
after
,
the
Writ
shal
abate
by
Non-tenure
14
Book
of
Ass
.
2.
Attaint
,
Non-tenure
was
good
,
but
it
was
pleaded
there
by
the
Heir
,
or
other
person
against
whom
the
recovery
was
.
Fitzh
:
fol
:
107.
L.
Attaint
,
Non-tenure
hath
been
admitted
a
good
Plea
divers
times
.
8
Ed:
4.20
.
A
man
recovers
in
Court
Baron
in
right
,
and
the
other
brings
false
judgement
,
and
recovers
that
,
and
in
Scire
facias
to
have
Execution
,
he
which
first
recovered
,
pleads
speciall
Non-tenure
,
to
stay
Execution
,
and
said
that
he
shall
have
it
.
9.
H.
5.
fol.
11.
Scire
facias
to
have
Execution
,
if
the
Tenant
pleads
Non-tenure
specially
,
That
is
,
that
he
hath
nothing
but
for
years
,
the
Plaintiffe
shall
not
have
Execution
at
his
peri
II.
Nuper
obii
.
In
so
much
that
(
Nuper
obiit
)
is
a
Plaint
sometimes
by
Copi-holder
of
that
in
Court
Baron
,
something
shall
be
said
of
that
,
and
where
it
lies
,
and
where
not
.
IT
appears
it
lies
where
Lands
discends
to
Coparceners
,
and
after
the
death
of
the
Ancestor
one
enters
into
all
,
and
deforceth
the
other
,
as
where
Grandfather
,
Father
,
Brother
,
Uncle
or
other
Ancester
die
seised
of
an
estate
in
Fee
,
and
after
their
death
,
one
of
their
Heirs
enters
,
and
deforces
the
other
Coparceners
,
here
the
Coparceners
deforced
shall
have
a
(
Nuper
obiit
)
against
the
other
Coparcener
which
deforceth
them
.
And
if
one
Coparcener
be
deforced
by
the
other
Coparcener
,
and
a
stranger
,
she
shall
have
a
(
Naper
obiit
)
against
her
Coparcener
,
and
this
Jointenancy
shall
not
abate
the
Writ
.
And
this
Writ
lieth
as
well
between
Coheirs
in
Gavelkind
,
as
between
women
which
are
Coparceners
,
if
one
deforce
the
other
.
Fitzh
.
fol.
197.
A.
C.
Nuper
obiit
lieth
between
sisters
of
the
half
blood
,
3.
Ed.
1
Tit.
5.
Fitz.
f.
179.
G.
Nuper
obiit
is
maintainable
,
where
her
Ancester
was
carried
out
of
the
same
tenements
,
the
day
before
his
death
against
his
will
,
by
the
other
Coparcener
,
and
dies
out
of
the
same
tenements
,
4.
Ed.
2.
Tit.
10.
Fitzh.
197.
L.
Nuper
obiit
lieth
of
a
Corody
,
16.
Ed.
2.
tit.
11.10
.
Ass.
11.
Br:
3.
Fitzh.
179.
If
there
be
two
Coparceners
,
and
one
of
them
marries
a
Villain
,
and
the
other
deforce
them
,
the
Villain
and
his
wife
shall
not
have
a
Nuper
obiit
,
16.
Ed.
3.
tit
.
Fitzh
17.
Officer
.
Where
your
Officer
,
or
Sheriffe
shall
be
punished
for
executing
of
Processe
,
as
trespassor
,
and
where
not
,
and
how
he
ought
to
carry
hemself
in
executing
Processe
.
OFficer
shall
be
punished
in
trespasse
,
that
by
(
Fieri
facias
)
out
of
any
Court
,
breaks
the
door
of
a
house
to
do
execution
,
and
for
that
only
,
&
not
for
taking
the
goods
in
execution
.
18.
Ed.
4.
fol.
4.
It
is
held
that
an
Officer
cannot
break
the
close
to
make
a
Replegiare
where
there
is
a
gate
,
unless
that
that
be
stopt
,
the
same
Law
is
of
executing
Processe
out
of
a
Court
Baron
,
21.
H.
6.
fol.
30.
Where
one
is
indicted
of
trespas
,
and
Capias
awarded
,
or
a
Commission
to
take
the
party
indicted
,
and
he
shuts
his
gates
,
there
the
Officer
may
break
the
gates
,
unlesse
he
may
otherwise
come
to
take
him
,
for
this
is
for
the
King
,
otherwise
it
is
to
execute
Processe
out
of
a
Court
Baron
,
27.
Book
of
Assise
,
35.
Where
erronious
Judgment
is
given
in
any
Court
,
the
Officer
which
doth
the
execution
is
excused
.
Contrary
where
the
Court
gives
Judgment
of
Land
,
or
contract
which
lieth
out
of
their
jurisdiction
,
for
their
trespasse
or
Assise
lies
against
the
Officer
,
22.
Ass.
64.
Plowden
19●
.
There
is
also
a
Diversity
,
where
in
Court
Baron
Judgment
is
given
,
that
is
void
or
voidable
,
for
where
judgment
and
execution
is
there
,
of
a
thing
whereof
they
have
no
jurisdiction
,
there
trespasse
lies
against
the
Officer
for
executing
it
,
but
if
Judgment
be
there
but
erronious
,
and
so
not
void
,
false
judgment
lies
,
and
no
trespasse
against
the
Officer
,
Plowdens
Com.
394.
contrary
Law
.
Where
an
Officer
by
commandment
of
a
Bishop
arrests
one
for
holding
an
opinion
that
he
would
not
pay
Tithes
,
false
Imprisonment
lies
.
The
same
Law
where
a
Justice
of
Peace
,
laies
his
command
upon
one
out
of
the
Sessions
without
other
matter
,
and
for
that
is
Imprisoned
.
Where
one
by
a
Capias
out
of
the
Court
Baron
arrests
one
,
false
Imprisonment
lies
against
the
Officers
10.
H.
7.
fol.
17.
It
seems
if
the
Sheriffe
arrest
one
,
by
a
Capias
awarded
against
him
,
out
of
the
Common
Bench
,
where
there
is
no
Originall
,
yet
false
Imprisonment
doth
not
lie
against
him
,
21
H.
7.
fol.
22.
and
11
H.
4.
fol.
36.
the
same
,
by
Hank
,
i●
case
of
the
Abbot
of
Glassenbury
.
Held
that
the
Sheriffe
may
arrest
a
verger
in
the
Church
,
or
a
secular
man
,
and
shall
not
be
punished
by
trespasse
.
But
by
the
statute
of
1.
R.
2.
chap.
the
last
see
Pulton
title
Arrests
.
If
any
arrest
any
Minister
which
is
doing
Divine
Service
in
the
Church
,
Churchyard
or
other
place
,
he
shall
be
Imprisoned
and
punished
,
&c.
If
an
Officer
distrain
or
attache
the
horse
of
a
Master
,
where
the
plaint
is
against
the
servant
,
trespasse
lies
for
the
master
against
the
Officer
,
for
the
Officer
ought
to
take
notice
at
his
perill
whose
goods
he
distrains
or
attaches
,
13
H.
4.
fol.
2.14
.
H.
4.24
.
11
H.
4.90
.
&
Doct.
&
Student
129.
Where
an
Officer
arrests
another
man
which
is
not
defendant
,
or
attache
goods
which
are
not
the
defendants
,
he
is
a
trespassor
,
if
the
Plaintiffe
shew
him
the
party
,
of
goods
,
and
saith
he
is
the
Defendant
or
not
,
11
H.
4.
fol.
90.
It
seems
that
the
Officer
shall
take
notice
at
his
perill
whose
beasts
he
repleves
,
14.
H.
4.
fol.
24.
If
the
Officer
restrain
any
Prior
,
or
other
Prelate
for
debe
or
trespasse
when
he
is
in
his
journey
riding
,
by
his
horse
upon
which
he
rides
,
where
he
may
distrain
other
goods
,
action
upon
the
case
lies
against
the
officer
,
Quare
cum
&c.
Fitzh
.
fol.
93.
I.
Where
the
Sheriffe
hath
a
Capias
,
he
may
arrest
one
without
shewing
it
,
and
so
may
a
Bayliffe
erant
,
But
the
servant
of
a
Sheriffe
and
of
another
,
cannot
without
shewing
the
Warrant
.
The
same
Law
is
of
a
Bayliff
of
the
Lord
or
Beadle
,
which
by
custome
serve
Attachements
or
distresse
,
They
having
a
command
,
may
serve
it
without
shewing
it
.
But
so
cannot
they
do
,
where
they
have
a
command
to
summon
Copy-hold
Land
,
or
a
command
in
nature
of
Grand
cape
,
Petit
cape
,
habere
facias
visum
,
or
Habere
facias
sefinam
,
14
H.
7.
fol.
9.
21
H.
7.
fol.
37.
8
Ed.
4.
fol.
14.
and
10
Ed.
4.
fol.
1.
If
the
Sheriffe
arrest
one
by
a
Capias
,
and
after
do
not
return
the
Writ
,
or
return
(
non
est
inventus
)
false
Imprisonment
lies
against
the
Sheriffe
.
But
in
Court
Baron
no
Capias
shall
be
awarded
,
yet
if
the
Officer
there
serve
an
Attachment
or
distresse
and
do
not
return
his
precept
at
the
next
Court
,
Trespasse
lies
against
the
Officer
for
the
Defendant
,
and
an
Action
of
the
Case
lies
against
him
for
the
Plaintiffe
which
sued
the
Action
,
for
not
returning
of
the
Precept
,
10
Ed.
4.
fol.
18.
3
H.
7.
fol.
3.
If
the
servant
of
the
Sheriffe
arrest
one
by
Precept
made
out
of
a
Capias
,
and
return
his
precept
to
the
Sheriffe
,
and
yet
the
Sheriffe
do
not
return
his
Capias
,
false
Imprisonment
lies
against
the
servant
.
But
by
the
18.
of
Ed.
4.
fol.
9.
it
appears
that
it
is
otherwise
,
where
the
Baylife
of
the
Liberty
arrests
one
by
precept
,
out
of
a
Capias
made
to
him
by
the
Sheriffe
,
and
returns
his
precept
,
and
the
Sheriffe
do
not
return
the
Capias
,
there
lies
false
Imprisonment
against
the
Sheriffe
,
and
not
against
the
Bayliffe
.
But
in
Court
Baron
,
Bayliffe
or
Beadle
which
have
a
precept
of
the
Steward
,
cannot
make
precepts
out
of
that
to
serve
.
21
H.
7.
fol.
22.20
.
H.
7.
fol.
13.
One
may
arrest
one
in
the
presence
of
the
Sheriffe
,
which
hath
a
Capias
by
his
Commandment
,
&
it
is
his
arrest
,
without
shewing
the
precept
,
and
Bayliffe
or
Beadle
of
a
Court
Baron
may
attach
or
distrain
any
thing
without
a
precept
,
in
the
presence
of
the
Steward
,
and
by
his
Commandment
.
8.
Ed.
4.
fol.
14.
21.
H
,
7.
fol.
22.16
.
H.
7.
fo.
14.
See
there
.
Bayliffe
or
Beadle
of
Court
Baron
,
distrain
or
serve
Attachment
,
and
the
Defendant
makes
rescous
,
and
chaseth
the
thing
destrained
or
attached
out
of
the
Mannor
,
and
the
Officer
freshly
follow
and
takes
it
again
,
and
brings
it
into
the
Mannor
again
,
and
may
well
do
it
.
33.
H
6.
fol.
52.
and
55.
and
2
Ed.
4.
fol.
6.
accordingly
.
If
a
Sarjeant
at
mace
arrest
one
,
and
he
resists
,
he
may
beat
him
,
and
others
(
upon
request
)
may
aid
him
,
2.
Ed.
4.
fol.
6.
B.
and
3.
H.
7.
fol.
3.
By
Hank
,
Officer
cannot
attach
J.
S.
by
my
goods
which
he
hath
to
dung
his
Land
,
or
to
plough
it
,
or
which
he
hath
in
pawn
,
11.
H.
4.
fol.
90.
B.
31.
H.
8.
tit.
159.
It
is
said
,
where
one
hath
an
Office
of
charge
:
as
to
be
Steward
,
Bayliffe
,
Parker
,
&c.
That
the
grantor
may
out
them
,
and
pay
their
Fee
,
if
it
be
so
much
certain
,
but
not
where
they
have
profits
of
Court
.
&c.
34
H.
8.
tit
:
243.
the
same
.
28.
H.
8.
tit
.
94.
Deprivation
of
an
Office
which
lies
in
grant
,
ought
to
be
by
deed
and
not
by
word
.
5.
Ed.
4.
fol.
5.
Long
report
,
the
Act
of
the
under
Sheriffe
,
or
his
Deputy
in
the
name
of
the
Sheriffe
,
shall
charge
the
Sheriffe
,
and
for
their
act
the
Sheriffe
himself
shall
be
amerced
,
and
no
other
.
39
H.
6.
fol.
35.
The
opinion
of
the
Justices
was
,
That
escape
of
a
prisoner
is
not
a
sufficient
cause
of
forfeiture
of
the
office
of
the
Marshal
,
which
hath
fee
in
that
,
and
held
that
the
Marshal
might
grant
that
to
another
for
life
,
but
his
assignee
cannot
make
a
deputie
;
And
the
opinion
of
the
Justices
,
that
not
executing
of
an
office
,
is
a
sufficient
cause
of
seisure
:
Deputie
occupies
to
the
use
of
the
officer
,
and
his
forfeiture
or
misdemeanour
shall
make
the
Officer
to
loose
his
Office
,
but
the
misdemeanour
of
the
grantee
for
life
not
,
but
of
his
own
estate
.
11
Ed.
4.
fol.
1.
Duke
,
or
Marshal
in
fee
,
may
make
a
Deputy
for
his
Patent
is
,
to
be
executed
by
himself
or
his
Deputie
.
The
same
Law
of
the
Office
of
Chamberlain
of
the
Exchequer
,
which
is
also
an
Office
of
trust
,
for
he
keeps
the
Records
of
the
King
,
so
that
an
Office
of
trust
cannot
be
granted
over
.
If
the
Patentee
hath
it
not
,
to
him
and
his
Assignees
,
he
cannot
make
a
Deputy
,
and
there
agreed
,
that
he
hath
that
,
in
his
own
right
,
and
Deputy
is
not
but
to
occupie
in
the
Right
of
the
Grantee
.
See
Perkins
,
fol.
21.
E.
F.
G.
10
Ed.
4.
fol:
16.
5
Ed.
4.
fol.
27.
Where
an
anuity
is
granted
to
keep
a
Park
,
if
the
Grantee
misuse
that
,
by
which
the
Deere
are
killed
,
that
is
forfeiture
of
his
Office
.
Littleton
fol
:
73.
If
a
man
grant
by
his
Deed
to
another
the
office
of
Parkership
,
Steward
,
Bayliffe
,
〈◊〉
there
is
annexed
to
that
a
condition
in
Law
,
&c.
5
Ed.
4.
fol:
10.
The
King
grants
to
Garter
the
office
of
the
King
of
Arms
at
will
,
and
10
li.
fee
,
for
tearm
of
his
life
for
that
Office
,
If
the
Grantee
be
put
from
the
fee
the
office
shall
cease
,
for
the
Cause
ceasing
,
the
effect
shall
cease
.
7
Ed.
4.
fol.
23.
the
same
.
9
Ed.
4.
fol.
5.
If
the
King
grant
an
Office
to
one
which
knows
not
how
to
use
it
,
It
is
said
that
the
grant
is
void
,
and
Justices
may
refuse
him
.
5
Ed.
4.
tit.
48.
the
same
.
9
Ed.
4.
fol:
6.
The
King
grants
Office
,
the
Patentee
may
make
title
in
assise
,
without
shewing
that
it
was
an
Office
before
.
But
if
the
grant
was
with
vales
and
fees
it
is
not
good
,
unlesse
there
be
words
(
Constituimus
)
if
there
were
none
before
.
9
Ed.
4.
fol:
6.
If
the
King
grant
the
Office
of
one
of
the
Clerks
of
the
Crown
to
2.
the
grant
is
good
,
but
grant
to
two
to
be
chief
Justice
is
void
,
for
it
is
a
Judiciall
office
.
18
Ed.
4.
fol:
8.
The
King
grants
the
Office
of
chief
prenotary
to
two
that
is
void
,
and
the
Justices
may
refuse
to
enroll
it
,
for
two
cannot
have
the
keeping
of
the
Rolls
.
29
H.
8.
Tit.
47.
If
a
man
hath
a
fee
of
a
Lord
,
and
after
is
made
a
Justice
,
this
fee
is
not
void
,
but
after
he
is
made
Justice
,
he
is
not
to
take
fee
of
any
but
of
the
King
.
But
where
a
Parson
is
made
a
Bishop
,
the
Parsonage
is
void
,
for
he
cannot
be
Ordinary
to
himself
,
nor
punish
himself
.
3
H.
7.
fol:
the
last
.
The
King
cannot
grant
the
Reversion
of
an
Office
to
J.
S.
by
that
name
,
but
reciting
how
,
that
such
a
one
shal
have
and
hold
such
an
Office
for
tearm
of
his
life
,
of
Our
speciall
grace
We
grant
the
Office
aforesaid
to
J.
S.
to
have
after
the
death
,
&c.
See
32
H.
8.
Chap.
27.
9
H.
7.
tit
.
44.
If
the
Warden
of
the
Fleet
,
do
not
bring
in
his
prisoner
which
is
commanded
by
the
Court
,
that
is
a
cause
of
seising
his
Office
.
And
if
a
prisoner
condemned
escape
,
he
is
to
pay
the
condemnation
.
11
Ed.
4
fol.
1.
by
Vavisor
,
Not
attendance
is
a
cause
of
forfeiture
of
the
Office
.
Westm:
1.
Chap.
26.
No
Sheriffe
nor
other
Minister
of
the
King
,
shall
not
take
reward
to
do
his
office
,
and
who
doth
,
shall
restore
double
to
the
Plaintiffe
,
and
shall
make
Fine
to
the
King
.
Westm:
1.
Chap.
29.
No
servant
,
accomptant
,
nor
other
make
any
disceit
or
collusion
in
the
Kings
Court
,
or
consent
to
make
that
in
deceit
of
the
Court
to
wrong
the
Court
or
party
,
and
of
that
be
attaint
,
he
shall
have
Imprisonment
for
a
yeer
and
a
day
,
and
be
not
heard
in
Court
to
count
for
none
,
and
if
there
be
another
which
counts
he
shall
be
imprisoned
a
yeer
and
a
day
.
Fitzh
:
172.
O.
No
Victualler
ought
to
use
to
sell
victuall
or
wine
,
by
great
or
retail
,
so
long
as
he
is
in
Office
,
as
Mayor
,
&c.
To
keep
the
assise
of
bread
and
wine
.
Fitzh
:
173.
A.
Victualers
shall
not
be
chosen
to
office
of
Judge
,
in
Towns
and
Cities
,
but
for
default
of
others
,
and
then
they
shall
not
sell
victuals
.
See
of
that
divers
Statutes
.
Processe
of
Execution
.
JOhn
Kitchin
Steward
,
to
his
Bayliffe
health
.
Because
Rob.
B.
hath
recovered
against
W.E.
31.
s.
in
a
Plea
of
Debt
,
and
12
d.
for
charges
and
costs
,
of
which
the
said
W.
in
the
same
Court
was
convicted
by
the
Judgement
of
the
Court.
Therefore
you
shall
cause
to
be
levied
according
to
the
custome
the
aforesaid
31
s.
in
the
said
Court
adjudged
,
and
the
said
12
d.
for
charges
,
and
you
shall
have
the
said
money
at
the
next
Court
to
pay
to
the
said
Rob:
for
his
damages
aforesaid
,
and
have
there
this
Precept
,
and
how
,
&c.
dated
the
24th
day
of
April
,
the
yeer
of
the
Reign
of
the
Queen
,
&c.
21.
Pound
overt
.
For
that
that
in
the
15th
Article
of
the
Charge
,
it
is
to
be
enquired
,
if
any
Distresse
put
into
the
Lords
Pound
be
taken
out
without
Authoritie
,
for
that
let
us
see
some
things
touching
open
Pounds
.
SEveral
pasture
of
one
,
is
provided
for
the
time
,
though
it
be
not
an
open
Pound
,
for
that
is
adjoyning
to
the
Kings
high
way
,
which
is
called
an
open
Pound
.
5
H.
7.
fol:
9
If
a
man
distrain
his
tenant
in
Fee
,
for
life
,
or
yeers
,
for
Rent
,
he
cannot
impound
in
the
same
Land
where
he
takes
the
Distresse
:
but
for
dammage
doing
he
may
.
21
H.
7.
fol:
39.
By
Choke
.
If
one
take
Beasts
in
the
name
of
Distresse
,
he
ought
to
put
them
into
an
open
Pound
,
for
that
,
that
he
which
is
distrained
,
may
give
to
them
sustenance
,
otherwise
he
cannot
give
them
meat
.
But
if
he
distrain
dead
chattels
,
I
may
put
them
where
I
will
;
but
if
they
spoil
in
my
default
,
I
must
answer
for
them
.
9
Ed.
4.
fol:
2.
B.
If
Distresse
be
taken
out
of
the
open
Pound
of
the
Lords
of
the
Town
,
he
which
distrains
shall
have
a
(
Parco
fracto
)
and
not
the
Lord
;
and
the
remedie
for
the
Lord
is
presentment
in
the
Court
Baron
.
21
Ed.
4.
fol:
19.
Fitzh
:
100.
G.
Where
one
distrains
(
doing
dammage
)
or
for
Rent
,
or
service
,
and
impounds
them
in
the
common
Pound
,
or
in
another
Pound
or
place
which
is
a
lawfull
Pound
,
and
an
other
takes
them
out
,
he
which
distrained
shall
have
a
Writ
called
(
Parco
fracto
)
of
that
taking
out
of
the
Pound
.
The
same
Law
is
if
they
were
impounded
in
a
Close
of
his
freind
by
his
license
,
and
are
taken
out
,
he
which
distrained
shall
have
a
(
Parco
fracto
)
and
his
freind
Trespasse
,
why
by
force
of
arms
he
broke
his
Close
.
Fitzh
:
100.
E.
If
Distresse
be
put
in
open
Pound
,
and
they
dye
,
it
is
the
losse
of
the
owner
:
but
if
they
be
put
in
another
place
,
it
is
not
so
.
And
though
sufficient
amends
be
offered
,
yet
he
cannot
take
the
Distresse
out
of
the
Pound
,
but
ought
to
sue
a
Replegiare
;
And
then
if
it
be
found
that
sufficient
was
tendered
,
he
shall
recover
dammages
for
the
refusall
.
But
if
the
Distresse
dye
in
open
Pound
,
though
sufficient
amends
were
offered
,
yet
it
is
to
the
losse
of
the
owner
,
so
that
he
ought
to
give
to
them
sustenance
.
Doctor
&
Student
fol.
113.
If
Distresse
taken
,
doing
dammage
be
put
in
a
Pound
,
the
Defendant
may
justifie
that
he
hath
Common
in
the
place
where
the
taking
was
,
and
made
fresh
suit
,
and
came
to
the
Pound
,
and
there
he
found
that
unlockt
,
and
took
his
Beasts
,
this
is
lawfull
upon
fresh
suit
,
and
being
unlocked
.
So
it
seems
in
all
cases
,
where
the
Distresse
is
taken
without
reasonable
cause
upon
fresh
suit
,
and
Pound
unlocked
,
the
owner
may
take
them
out
of
the
Pound
.
30
Ed:
3.
fol:
171.
3
H.
6.
fol:
15.
Defendant
in
Replegiare
may
say
,
that
he
put
the
Beasts
in
open
Pound
,
and
there
they
dyed
,
and
he
shall
not
wage
deliverance
.
5
H.
7.
fol:
9.
If
the
Defendant
in
Replegiare
take
beasts
and
drives
them
away
,
and
doth
not
put
them
in
an
open
Pound
,
and
they
die
,
this
is
not
in
default
of
the
Plaintiffe
;
But
if
he
put
them
in
an
open
Pound
,
within
the
County
,
it
is
not
to
be
said
that
they
are
conveyed
away
;
but
the
Plaintiffe
at
his
perill
is
bound
to
take
knowledge
where
they
are
,
and
to
give
them
meat
.
39.
H.
8.
Tit:
distresse
6.
He
which
distaines
beasts
may
put
them
in
a
close
house
,
if
he
will
give
them
meat
,
for
the
putting
them
in
open
pound
,
is
but
to
the
intent
that
the
owner
may
give
them
meat
.
1
&
2
Phil:
and
Ma:
chap.
12.
tit
.
Distresse
,
That
no
distresse
shall
be
driven
out
of
the
hundred
,
unles
to
the
open
Pound
,
nor
above
3
miles
,
and
one
distresse
shall
not
be
impounded
in
severall
pounds
upon
forfeiture
of
5
l.
And
for
poundage
of
an
Intire
distresse
a
man
shall
not
take
above
4.
d.
poundage
.
20.
H.
7.
fol.
1.
Where
the
Lord
destraines
beasts
and
they
are
taken
out
of
the
Pound
,
the
Lord
shall
have
a
(
Parco
fracto
)
and
the
party
may
have
trespasse
,
for
the
property
lies
in
him
by
Forwick
.
Fitzh.
101.
Where
a
man
distraines
for
doing
dammage
,
Rent
,
or
service
,
and
puts
them
into
the
common
Pound
or
into
an
other
lawfull
Pound
,
and
he
which
owes
the
beasts
or
another
person
takes
them
out
of
the
Pound
,
then
he
which
distrained
,
shall
have
a
(
Parco
fracto
)
and
if
a
man
send
his
servant
to
distrain
for
rent
or
service
,
and
the
servant
distrain
and
put
them
into
the
Pound
,
and
a
stranger
takes
them
out
of
the
Pound
,
now
the
Master
shall
have
a
(
Parco
fracto
)
for
it
is
the
pound
of
the
master
,
21.
Ed.
4.
fol.
19.
Fitzh.
101.
E.
if
a
man
distrain
for
Rent
,
doing
dammage
,
or
services
and
puts
the
beasts
in
the
ground
or
close
of
another
his
friend
by
his
license
,
and
he
which
ows
them
takes
out
the
beasts
,
he
which
distrained
shall
have
a
(
Parco
fracto
)
and
not
he
which
hath
the
close
.
Fitzh.
101.
H.
For
amercement
in
hundred
one
cannot
distraine
,
but
the
proper
goods
of
him
that
is
amerced
,
&
not
others
,
but
for
rent
or
service
is
otherwise
,
for
the
party
may
distrain
the
beasts
,
found
in
the
Land
which
are
rising
and
lying
and
Impound
them
.
Releife
.
IF
one
have
a
tenement
in
chief
,
and
dyes
,
&c.
and
after
such
Heir
be
in
Wardship
,
when
he
shall
come
to
age
,
that
is
,
21
years
,
he
shall
have
his
Inheritance
without
releife
.
But
by
the
stature
of
Marlebridge
chap.
10.
and
by
the
Prerogative
of
the
King
the
3.
chapt
.
the
King
shall
have
the
first
seisin
,
nor
the
Heir
shall
not
enter
,
before
he
hath
received
it
out
of
the
Kings
hands
,
whatsoever
Age
he
be
of
,
Magna
charta
,
2.
3.
&
4.
Where
one
holds
of
a
common
person
by
Homage
,
fealty
,
and
escuage
,
and
dies
,
his
Heir
male
being
within
Age
of
21
years
,
he
shall
be
in
ward
untill
2●
years
,
and
if
he
were
not
in
ward
but
were
of
ful
age
,
that
is
,
21
yeers
,
then
the
Lord
shall
have
a
100
s.
for
a
whole
Fee
for
relief
,
and
if
he
hold
by
a
moitie
50
s.
and
so
who
by
more
,
more
,
and
who
by
lesse
,
lesse
.
Litt.
fol.
24.
But
by
Marlebridge
chapt
.
17.
If
the
Heir
within
age
be
in
ward
and
at
full
age
,
the
Lord
will
not
suffer
him
to
enter
without
Suit
,
but
holds
him
out
to
have
relief
,
or
otherwise
holds
him
out
that
he
cannot
enter
without
plea
,
he
shall
have
a
Mortdancester
against
his
Guardian
,
and
recover
his
dammages
.
Fitzh
.
fol.
196.
F.
If
one
holds
of
the
Lord
in
Socage
,
that
is
by
fealty
,
and
10
s.
payable
at
a
certain
day
and
dyes
,
then
the
Lord
shall
have
10
s.
for
relief
over
the
10
s.
which
he
paies
for
his
Rent
,
and
such
relief
is
due
forthwith
of
what
age
the
Heir
be
,
so
that
he
passe
the
age
of
14
years
,
But
if
he
hold
by
a
Rose
,
that
shall
not
be
paid
forthwith
,
but
when
the
time
of
the
year
is
that
they
grow
.
Litt.
fol.
28.
And
this
releif
by
Bracton
and
Britton
is
not
so
properly
to
be
called
releif
,
as
that
which
is
paid
at
full
age
by
him
that
holds
in
Chivalrie
,
16.
H.
7.
fol.
4.
and
18.
Ed.
3.
Tit.
Avowrie
99.
Note
when
a
man
holds
of
the
King
in
chief
,
and
of
other
persons
by
Knights
service
,
The
King
shall
have
the
Ward
of
all
,
and
the
Heir
shall
pay
relief
to
every
Lord
at
his
full
age
,
24.
Ed.
3.
fol.
8.
&
fol.
24.39
.
Ed.
3.
tit.
1.
the
same
,
26.
H.
8.
fol.
8.
the
same
,
and
Nat.
bre.
fol.
95.
notwithstanding
see
Stamf
:
Title
Prerogative
.
The
Father
dyes
seised
,
and
the
eldest
brother
of
full
age
,
dyes
before
that
he
enters
,
and
before
that
he
hath
possession
in
deed
,
the
yongest
brother
being
of
full
age
,
he
shall
pay
two
releifs
,
one
for
the
death
of
the
Father
,
the
other
for
the
death
of
the
Brother
,
for
that
that
both
were
Tenants
to
the
Lord
,
Time
of
Ed.
1.
Tit.
12.
and
13.
Ed.
3.
Tit.
6.
the
same
.
If
my
Tenant
enfeoffes
his
son
and
Heir
of
full
age
and
dyes
,
before
the
Son
gives
notice
to
me
,
I
shall
have
releif
of
him
,
for
that
that
his
Father
dyed
my
Tenant
,
to
the
avowrie
,
7
Ed.
3.
chap
:
11.17
.
Ed.
3.
fol.
3.
Enquire
.
See
3.
H.
6.
fol.
47.
Where
Land
is
given
to
the
Father
for
life
,
the
remainder
to
his
right
Heirs
,
the
which
tenements
are
held
by
Knight
service
,
the
Father
dyes
,
his
Heir
of
full
Age
,
he
shall
pay
releif
,
32.
Ed.
3.
fol.
4.
Estate
is
made
to
the
Father
for
life
,
the
remainder
in
tail
to
his
eldest
Son
,
and
his
Wife
,
the
remainder
to
the
right
Heirs
of
the
Father
in
fee
,
the
father
dies
,
the
eldest
son
and
his
Wife
die
without
Issue
,
the
youngest
son
is
in
by
discent
,
and
shall
pay
releif
,
40.
Ed.
3.
fol.
9.
Gift
is
made
to
one
in
tayl
,
the
remainder
to
the
right
Heirs
of
J.
S.
which
was
dead
,
Donee
dyes
without
Issue
,
T.
S.
had
that
as
right
Heir
,
but
is
in
as
a
purchasor
,
and
for
that
shall
not
pay
releif
.
12
Ed.
4.
fol.
2.
A
Lease
for
life
,
the
remainder
to
the
right
Heirs
of
J.S.
tenant
for
Lease
dies
living
J.S.
the
remainder
is
void
,
and
J.S.
and
his
Heir
shall
not
be
said
in
by
discent
to
pay
releif
,
9.
H.
6.
fol.
23.
Lease
for
life
,
the
remainder
to
the
right
heirs
of
J.
S.
and
J.
S.
hath
Issue
T.
S.
and
dyes
,
T.
S.
shall
pay
no
releif
,
for
he
is
in
as
purchasor
,
11.
H.
4.
fol.
72.
Lease
is
made
to
one
for
life
,
the
remainder
to
another
in
tail
,
the
remainder
over
to
J.
S.
in
fee
,
he
in
remainder
in
tail
dyes
,
his
Issue
of
full
age
,
he
shall
pay
no
releif
,
for
tenant
for
life
is
tenant
,
but
when
tenant
for
life
dyes
he
shall
pay
releif
33.
H.
6.
fol:
5.6
.
Lord
and
tenant
,
the
tenant
lets
for
life
,
the
remainder
in
fee
to
another
,
and
he
in
remainder
dies
,
his
Heir
of
full
age
shall
pay
no
releif
,
for
the
tenant
for
life
is
tenant
to
the
Lord
,
Fitzh.
142.
B.
Where
an
estate
is
to
the
husband
and
to
his
Wife
:
and
to
the
Heirs
of
the
body
of
the
husband
,
the
remaindet
to
the
right
Heirs
of
the
husband
,
the
husband
hath
Issue
of
full
age
and
dyes
,
the
Wife
is
tenant
to
the
Lord
,
and
for
that
the
Issue
shall
not
pay
releif
when
tenant
for
life
dyes
he
shall
pay
releif
.
5
Ed.
4.
fol.
10.
If
the
Heir
of
full
age
recover
,
In
a
(
whilest
he
was
not
Compos
mentis
,
or
in
dum
fuit
infra
aetatem
)
or
if
his
Father
had
made
a
feoffment
upon
condition
,
and
he
enters
for
the
condition
broken
,
he
shall
pay
releife
,
11.
H.
7.
fol.
12.
Tenant
in
fee
farme
upon
discent
shall
pay
no
releife
,
for
that
that
his
rent
is
entended
the
very
value
of
the
Land
,
45.
Ed.
3.
tit
.
8.
B.
old
tenures
the
same
.
20.
H.
7.
fol.
1.
Debt
lyeth
for
releife
by
Brud
:
Debt
(
is
said
)
lies
by
the
Lord
for
releife
,
but
it
is
held
cleer
,
that
Executors
of
the
Lord
shall
have
debt
for
releife
.
So
it
seems
one
may
have
debt
for
releife
or
distrain
,
39.
H.
6.
and
32.
H.
8.
Brook
.
Releife
.
11.
Notwithstanding
that
by
will
in
writing
,
Lands
are
devised
to
another
in
fee
,
yet
the
Lord
may
have
releife
and
harriots
,
and
may
distrain
for
releife
and
hariott
,
as
he
might
have
done
before
the
making
of
that
statute
,
and
though
this
statute
never
had
been
made
,
32.
H.
8.
ch.
1.
Note
that
releife
shall
be
paid
to
the
Lord
which
hath
an
estate
in
fee
;
or
in
tail
,
for
life
or
for
years
,
for
that
it
is
a
Perque
Site
incident
to
the
Lordship
,
and
if
the
Lord
dyes
,
his
Executors
shall
have
the
releife
due
to
him
.
The
tenant
shall
pay
but
once
releife
in
his
life
time
,
&
he
shall
not
pay
again
by
change
of
the
Lord
,
Britton
fol.
177.
and
Bracton
accordingly
,
and
sayes
,
but
once
as
long
as
the
Heir
lasteth
,
34.
Ed.
1.
Tit.
Anowrie
233.
fol.
1.
If
the
releife
be
due
to
the
Lord
,
and
the
Lord
dyes
,
that
shall
be
a
chattell
to
his
Executors
.
14.
H.
4.
fol.
8.
If
one
be
enfeoffed
before
the
statute
to
hold
by
a
penny
,
for
all
services
,
exactions
,
and
all
demands
,
yet
releife
shall
be
due
by
Sherne
.
Magna
Carta
chap.
2.
If
any
holds
of
the
King
in
cheife
,
and
owes
us
releif
,
he
shall
have
his
Inheritance
by
the
old
releif
,
that
is
,
the
Heir
or
heirs
of
an
Earl
of
a
whole
County
by
a
100
l.
the
Heir
or
heirs
of
a
Baron
of
a
whole
▪
barony
by
a
100
marks
,
the
Heir
or
heirs
of
a
Knight
of
a
whole
Knights
fee
100
s.
at
the
most
,
and
who
lesse
hath
,
shall
give
lesse
according
to
the
old
custome
of
the
Fee
.
Magna
Charta
chap.
3.
After
the
Heir
be
in
Ward
,
when
he
comes
to
age
,
that
is
21
years
,
he
shall
have
his
Inheritance
without
Releife
.
By
Glanvile
and
by
Littleton
for
a
whole
service
of
a
Knight
,
he
shall
pay
for
Releife
a
100.
s.
and
to
that
agrees
the
Stat.
of
Mag.
Char.
Chap.
2.
and
the
Statute
is
over
the
heire
or
heires
of
a
whole
Barony
100.
Markes
,
and
the
heire
or
heires
of
an
Earle
of
a
whole
Earldome
100
l.
and
Lit●f
.
35.
saith
,
that
Tenant
by
grand
Serjeanty
shall
pay
for
releife
,
the
value
of
his
Land
by
a
yeare
,
beyond
all
reprises
.
If
any
hold
of
any
Escheat
,
as
of
the
honour
of
Wallingford
,
Notingham
,
Bullen
.
and
other
Escheats
which
are
in
our
hand
,
and
are
Baronies
and
dies
,
his
heire
shall
give
no
other
releife
then
the
Barons
did
,
Magna
Charta
chap.
31.
Note
that
hariot
service
is
to
be
paid
by
the
common
Law
upon
discent
,
as
Releife
is
to
be
paid
upon
difcent
,
and
for
that
where
Releife
shall
be
paid
,
let
us
see
where
one
shall
be
said
in
by
discent
,
in
the
title
of
discent
before
.
Where
land
is
given
to
be
held
by
Homage
,
and
having
his
services
,
rendring
yearly
foure
Markes
,
for
all
services
and
demands
,
yet
releife
shall
be
paid
,
for
releife
is
a
thing
which
growes
by
reason
of
services
,
and
is
incident
,
18
E.
3.
tit
.
avowrie
99.
Bracton
saith
,
he
shall
give
releife
,
which
succeeds
by
hereditary
right
,
but
not
he
that
purchaseth
.
All
Purchasors
are
quit
of
releife
all
their
lives
of
land
purchased
,
and
also
those
which
held
only
for
life
,
and
also
those
who
have
married
Wives
,
which
have
been
in
ward
to
their
Lords
,
nor
he
which
was
in
ward
to
the
Lord
,
ought
to
pay
releife
,
Brit.
177.
If
Mesnalty
discend
to
a
Tenant
,
he
shall
pay
the
releife
if
he
be
of
full
age
,
&
holds
by
Knights
service
,
and
if
within
age
,
shall
be
in
ward
,
where
a
Reversion
of
Tenant
for
life
discends
to
one
he
shall
pay
releife
,
but
otherwise
it
is
,
if
one
Tenant
levy
a
Fine
to
one
and
his
heirs
,
which
dies
before
entry
,
and
after
the
heire
of
the
Conisee
hath
execution
by
(
Scire
facias
)
he
shal
not
pay
releif
,
so
it
is
if
the
Father
recover
in
value
or
in
Mortdancester
and
dies
,
and
the
heire
hath
Execution
by
Scire
facias
,
shall
not
pay
releife
,
11
H.
7.
f.
12.
No
feoffment
upon
collusion
nor
use
shall
defeate
releif
nor
any
other
fraudulent
gift
,
Rastall
,
Uses
7.
Rastall
,
Fraud
1.
Covin
.
for
they
are
uses
executed
,
releife
shall
be
paid
as
well
as
of
lands
by
the
Statute
,
19
H.
7.
chap.
15.
and
also
by
the
Statute
of
13.
Eliz.
chap.
5.
All
fraudulent
acts
are
void
against
their
Lords
,
as
touching
their
Hariots
and
releifs
.
If
there
are
two
Daughters
,
one
within
age
and
in
ward
,
and
the
other
of
full
age
,
she
shall
pay
releif
for
her
part
.
Abbot
nor
Corporation
shall
not
pay
releife
after
the
death
of
the
Predecessor
,
for
that
,
that
they
are
in
by
election
,
and
not
by
discent
,
and
the
Corporation
doth
not
dye
,
8
R.
2.
Tit.
14.
But
by
that
booke
,
one
by
prescription
or
Deed
,
may
have
releife
after
the
death
of
every
Abbot
,
or
Prior
,
Statham
3
Ed.
3.
Tit.
162.
Opinion
is
that
after
receit
of
Homage
,
a
man
cannot
avow
for
releife
.
But
Glanvile
and
Lit.
say
,
that
it
is
due
immediately
after
full
age
,
that
is
,
if
they
hold
by
Knights
service
,
and
by
Lit.
if
they
held
in
Socage
it
is
due
forthwith
as
before
it
is
said
,
if
he
passe
the
age
▪
of
foureteen
yeares
,
15
Ed.
3.
Tit.
5.
Britton
fol.
178.
No
releife
be
given
before
that
the
Lord
be
seised
of
his
Homage
,
nor
before
that
the
Lord
have
delivered
him
the
writings
of
his
Heritage
,
if
he
have
them
,
Magna
Charta
chap.
3.
The
Lord
shall
not
have
the
custody
,
before
he
hath
taken
homage
,
but
the
Law
is
contrary
at
this
day
,
see
,
Title
fealty
,
Br.
9.
Suit
.
OF
making
Suit
truly
,
&c.
none
that
by
Deed
is
infeofted
&c.
doth
not
make
Suit
to
Court
,
unlesse
it
be
specified
in
the
Deed
,
unlesse
he
and
his
Ancestors
have
used
to
make
it
,
and
if
he
be
distrained
to
make
it
in
another
manner
,
it
is
against
the
form
of
the
Feoffment
,
and
where
the
writing
is
,
to
hold
by
certaine
service
,
for
all
services
as
to
hold
by
Fealty
for
all
services
,
shall
make
no
suit
.
Marlb
.
chap.
9.
And
over
,
Rastall
,
Suit
.
1.
If
the
Inheritance
,
hath
more
heires
,
let
it
be
appointed
,
that
he
that
hath
the
eldest
part
,
shall
only
make
suit
for
himselfe
,
and
partakers
,
and
let
them
contribute
,
the
same
Law
is
of
Joynt-Tenants
,
Marlb
.
chap.
9.
Fitzh.
162.
C.
Where
two
Coparceners
make
partition
,
and
one
aliens
her
part
to
one
,
and
the
other
he●
part
to
another
,
the
Lord
may
distraine
which
he
pleaseth
,
but
if
one
make
the
suit
,
that
shall
discharge
the
other
,
24
Ed.
3.
Tit.
Br.
4.
By
Tremaile
it
is
said
,
that
suit
reall
is
due
by
reason
of
the
Body
,
that
is
for
that
,
that
the
Body
is
resident
within
the
precinct
,
and
not
by
reason
of
Free-hold
,
and
this
is
due
at
the
Courts
Royall
,
as
at
the
Courts
of
the
King
or
Queen
,
as
at
Leets
and
Wapontakes
,
which
are
the
Courts
of
the
King
or
Queen
,
and
suit
service
is
by
reason
of
Free-hold
,
that
is
,
by
reason
of
their
Tenure
,
that
is
,
for
that
they
hold
of
their
Lord
by
suit
to
his
Court
,
45
Ed.
3.
f.
23.
If
a
man
have
lands
within
the
Precinct
of
divers
Leets
,
and
be
resident
within
only
one
,
he
oweth
Suit
but
to
that
,
and
if
he
be
distrained
to
come
to
another
Leet
,
he
shall
have
a
speciall
Writ
that
he
shall
not
distraine
him
,
and
that
is
by
,
Marlebridge
chap.
10.
Fitzh
.
f.
160.
B.
If
there
be
three
or
foure
Coparceners
and
the
eldest
makes
the
Suit
,
shee
shall
have
a
Contributione
facienda
,
Rastall
,
County
2.
against
the
others
,
to
be
Contributaries
;
the
same
Law
is
,
where
one
Joynt-Tenant
makes
the
Suit
for
all
by
agreement
,
Fitzh
.
f.
162.
C.
and
1
H.
4.
f.
3.
A.
If
there
be
two
Coparceners
,
for
which
one
Suit
ought
to
be
made
,
and
the
eldest
Sister
will
not
make
the
Suit
,
then
the
Lord
may
distraine
the
other
Coparcener
,
as
well
as
the
eldest
;
and
then
she
shall
have
a
Writ
against
the
eldest
Sister
,
to
compell
her
to
make
the
Suit
,
Fitzh.
f
159.
E.
Fitzh.
159.
C.
If
lands
discend
to
many
Coparceners
,
of
which
one
Suit
ought
to
be
made
,
if
the
Land
be
held
of
the
King
,
then
all
the
Coparceners
ought
to
make
the
Suit
,
as
well
after
partition
▪
as
before
,
during
the
time
that
one
is
in
the
Kings
Ward
:
The
Signiory
is
suspended
of
another
Lord
,
which
cannot
distraine
.
And
so
during
the
time
,
cannot
distraine
for
Suit
to
the
Lords
Court
,
13
H.
7.
f.
15.
Fitzh
.
f.
158.
C.
Fitzh.
158.
Where
the
Tenant
holds
his
Land
to
make
Suit
to
the
County-Court
,
or
to
the
Hundred
,
or
other
Court-baron
,
wapontake
,
or
Leet
,
and
he
that
ought
to
make
the
Suit
is
in
ward
to
the
King
,
or
to
his
Committee
,
his
Guardian
shall
have
a
Writ
,
De
exoneratione
Secte
,
if
he
be
distrained
,
Fitzh.
157.
a.
And
if
he
do
,
the
King
or
the
Committee
shall
have
a
Writ
of
Exoneratione
secte
,
to
surcease
,
Fatzh
.
157.
A.
and
2
Ed.
6.
chap.
8.
Doth
not
alter
in
the
common
Law
in
this
point
for
suit
to
the
Court
,
4
Ed.
4.
f.
23.
and
see
20
Book
Ass.
17.
that
the
Signiory
is
suspended
for
the
time
.
Where
one
in
ward
of
the
King
,
and
oweth
suit
to
another
Lord
,
which
distraines
him
,
the
King
or
his
Committee
may
have
a
Writ
of
Exoneratione
secte
,
during
the
time
that
he
is
in
ward
,
Fitzh.
158.
a.
If
the
King
hath
Lands
by
Forfeiture
,
or
by
Escheat
,
and
lets
them
for
life
or
at
will
,
and
the
Lord
of
whom
they
are
held
will
distraine
for
suit
to
his
Court
,
the
Lessee
shall
have
a
speciall
Writ
to
surcease
,
Fitzh
.
f.
159.
A.
If
Lands
held
of
the
King
discends
to
many
Coparceners
,
then
all
the
Coparceners
ought
to
make
the
Suit
,
as
well
after
partition
as
before
,
Fitzh
.
f.
159.
C.
If
Tenant
of
the
King
alien
parcell
of
the
Land
held
of
him
,
yet
the
King
or
his
Officers
may
distraine
one
of
the
Tenants
for
all
the
Rent
,
for
though
West
.
3.
chap.
3.
be
that
the
Feoffee
shall
hold
for
that
part
,
that
the
Statute
shall
not
binde
the
King
,
but
another
person
cannot
distraine
,
but
for
the
rate
,
Fitzh
.
f.
335.
a.
But
I
say
,
if
one
holds
two
Acres
by
suit
of
Court
,
and
aliens
one
Acre
,
the
Feostor
and
Feoffee
shall
make
both
suites
,
43
Ed.
3.
f.
4.
b.
If
two
are
severally
infeoffed
by
one
Tenant
which
holds
of
one
Mannor
,
of
the
King
,
every
of
them
shall
make
suit
,
45
Ed.
3.
Tit.
Barr
211.
Suit
by
two
is
not
severable
,
for
if
the
Lord
purchase
parcell
,
the
whole
suit
is
extinct
by
Mowbray
,
40
Ed.
3.
fol.
40.
fee
Littleton
.
fol.
49.
for
suit
cannot
be
apportioned
,
for
that
,
that
there
cannot
be
contribution
,
for
the
Lord
cannot
,
&c.
Where
one
holds
forty
Acres
by
Fealty
and
Rent
,
and
the
Lord
purchase
twenty
Acres
of
that
,
the
Rentin
Assise
shall
be
apportioned
,
4
Book
of
Ass.
5.3
.
Book
of
Ass
.
18.
Littleton
f.
49.
Time
of
Ed.
1.
Tit.
Avowrie
226.
Where
ten
Acres
are
held
by
Fealty
and
Rent
,
and
these
ten
Acres
come
into
severall
hands
,
the
Lord
may
distraine
every
one
but
for
his
portion
,
by
West
.
3.
chap.
3.
for
that
is
,
there
shall
depart
from
the
cheife
Lord
that
part
of
the
service
to
be
taken
by
the
hands
of
the
Feoffee
,
according
to
the
quantity
of
the
Land
.
Rent
service
shall
be
according
to
the
value
of
the
land
purchased
,
and
not
according
to
the
quantity
,
18
E.
2.
tit
.
Rastall
,
Attorney
4.
Avowrie
218.
Lord
and
Tenant
,
and
is
seised
of
two
Courts
,
that
is
,
one
in
D.
and
another
in
S.
and
the
Tenant
holds
of
the
Mannor
of
D.
by
suite
to
this
Court
,
and
by
agreement
of
the
Lord
,
the
Tenant
makes
his
suit
to
the
Mannor
of
S.
aster
that
the
Tenant
cannot
have
,
against
the
form
of
the
Feoffment
and
disagree
,
but
the
Lord
may
disagree
and
distraine
him
to
come
to
his
Court
of
D.
againe
when
he
pleaseth
,
though
it
be
that
he
hath
come
to
S.
by
the
agreement
by
forty
yeares
or
more
,
Nat.
Bre.
106.
3
Ed.
3.
Tit.
Action
upon
the
case
24.
Partition
is
between
two
Coparceners
of
a
Mannor
,
that
is
,
that
one
shall
have
the
Demesnes
,
and
the
other
the
Services
:
Suit
of
Court
is
suspended
,
but
if
one
dies
without
Issue
,
the
suit
is
revived
,
12
H.
4.
f.
25.
If
land
be
held
by
suit
,
and
parcell
of
that
comes
to
the
Lord
,
the
intire
suit
is
extinct
and
determined
,
for
the
Lord
cannot
make
contribution
of
suit
to
his
own
Court
,
nor
take
that
,
34
Ass.
15.
Rastall
,
Attorney
1.
Every
Free-man
,
freely
may
make
an
Attorney
,
to
follow
his
suits
for
him
to
his
Lords
Court
,
Merton
chap.
10.
and
Fitzh
.
f.
156.
E.
Contra
formam
Feoffamenti
lies
,
Where
a
man
infeoffs
another
before
the
Statute
of
(
Qua
emptores
terrarum
)
to
hold
of
him
by
Homage
,
Fealty
,
and
Rent
,
by
Deed
,
and
after
he
will
distraine
for
suit
or
other
services
to
be
made
by
him
,
and
none
shall
have
this
Writ
but
the
Feoffee
,
or
his
heires
,
Fitzh.
162.
E.
Nat.
Bre.
f.
106.
If
the
Lord
confirm
the
Estate
of
his
Tenant
to
hold
by
certaine
service
,
the
Tenant
shall
have
a
(
contra
formam
Feoffamenti
)
upon
this
confirmation
,
10
H.
3.
tit
.
avowrie
243.
&
26
Ed.
3.
tit.
246.
Note
as
it
is
aforesaid
,
that
suit
of
Court
is
not
incident
to
a
Tenure
,
but
is
due
by
Formam
charte
,
or
by
prescription
,
as
before
the
said
Statutes
,
Lords
are
to
distraine
every
Tenant
to
make
suit
to
their
Courts
,
and
that
suit
is
called
suit
service
.
If
a
man
seised
of
two
Acres
held
by
one
Hauke
,
makes
a
Feoffment
of
one
,
the
Feoffor
shall
hold
by
one
Hauke
,
and
the
Feoffee
by
another
,
Littleton
fol.
so
shall
it
be
of
suit
of
Court
,
Brook
Tenure
64.
Tenant
in
Dower
shall
not
make
Suit
if
the
Heire
have
sufficient
land
to
be
distrained
,
Naturae
Brevium
fol.
159.
B.
Tenant
in
Fee
.
It
behooveth
,
that
the
Steward
shall
have
knowledge
of
all
manner
of
Estates
,
because
of
making
surrenders
of
Copy-holders
,
and
also
because
of
their
Suits
,
Wards
,
Releifs
,
and
Services
,
for
if
the
Steward
do
not
know
the
Estates
of
the
Tenants
,
how
can
he
do
Justice
.
And
for
that
somthing
ought
to
be
said
of
Estates
,
and
first
of
an
Estate
in
Fee
.
WHere
lands
are
given
to
the
Abbot
of
Battell
,
and
his
Covent
,
he
hath
Fee
,
for
that
,
that
they
are
a
Corporation
,
and
Corporation
i●
intended
to
have
continuance
,
11
H.
4.
fol.
84.
Br.
Inquire
and
see
in
the
next
case
.
Where
land
is
given
to
Maior
and
Comonalty
of
London
they
have
Fee
,
without
more
saying
,
that
is
,
without
saying
to
have
to
them
and
their
Successors
,
11
H.
7.
f.
12.
Notwithstanding
it
seems
,
that
Spirituall
Corporation
may
die
in
some
case
.
If
I
have
Common
in
the
Land
of
an
Abbot
,
and
I
release
to
an
Abbot
,
and
not
to
him
and
his
Successors
,
the
Common
is
extinct
,
but
not
for
the
life
of
the
Abbot
,
26
H.
8.
fol.
6.
Where
land
is
given
to
two
,
to
have
and
to
hold
to
them
and
heires
,
and
(
Suis
)
is
left
out
,
they
have
but
an
Estate
for
life
,
and
not
Fee
,
19
H.
6.
f.
73.
&
20
H.
6.
f.
35.
the
same
.
Devise
to
one
for
ever
,
be
to
him
and
his
Assignes
for
ever
,
he
hath
Fee
,
19
H.
6.
f.
9
Where
a
Devise
is
to
one
without
more
,
that
is
,
is
not
said
what
Estate
is
for
life
only
,
22.
Ed.
3.
Where
a
Devise
is
to
one
and
his
Heires
Males
,
he
hath
taile
and
not
Fee
,
27
H.
8.
f.
32.
If
land
be
given
to
one
,
to
have
and
to
hold
to
him
and
his
Heires
Males
,
he
hath
Fee
,
Littleton
fol.
6.
and
9
H.
6.
fol.
25.
A
man
devises
his
land
to
one
,
to
give
and
sell
,
or
to
do
with
that
at
his
will
and
preasure
,
he
hath
Fee
without
more
,
19
H.
8.
f.
9
and
7
Ed.
6.
Tit.
Devise
39.
If
a
man
devise
his
land
to
J.S.
paying
to
J.D.
a
100
l.
J.S.
hath
Fee
,
but
if
be
devise
to
J.S.
without
more
,
he
hath
but
for
life
,
and
in
the
first
case
,
if
he
do
not
pay
that
in
his
life
time
,
yet
if
his
Heires
or
Executors
pay
it
,
that
sufficeth
,
therefore
it
seemeth
payment
is
not
a
condition
there
,
29
H.
8.
Tit.
Testament
18.
If
lands
are
given
to
an
Abbot
or
Prior
,
to
have
to
him
and
to
his
heires
,
yet
he
hath
not
an
Estate
but
for
life
,
for
that
,
that
his
heires
cannot
inherit
;
otherwise
it
is
,
where
land
is
given
to
a
Bishop
,
or
Parson
,
and
his
Heires
,
for
they
have
Fee
,
94
H.
5.
f.
9.
If
lands
be
given
to
B.
for
life
,
the
remainder
to
C.
in
taile
,
the
remainder
to
the
right
heires
of
B.
the
Fee
is
vested
in
B.
if
C.
dye
without
Issue
in
the
life
of
B.
as
well
as
if
the
remainder
were
given
to
him
and
to
his
right
heirs
,
and
the
right
Heire
of
B.
shall
be
in
by
discent
,
if
C.
dye
without
Issue
,
and
not
as
a
Purchasor
,
18
Ed.
2.
Tit.
109.
If
Tenant
in
Fee
bargaine
and
sell
his
land
by
Deed
Indent
,
and
inroll
within
six
Moneths
to
another
,
though
it
be
not
to
have
to
him
and
his
heires
,
he
hath
in
Fee
,
27
H.
8.
f.
6.
and
fol.
10.32
H.
8.
Tit.
conscience
the
twenty
fifth
the
same
.
If
lands
be
given
to
J.S.
to
have
to
him
in
Fee
simple
,
yet
he
hath
no
Fee
but
for
life
,
20
H.
6.
fol.
36.
But
if
land
be
given
to
one
to
have
to
him
and
his
heires
so
long
as
such
a
Tree
growes
,
hath
Fee
determinable
,
27
H.
6.29
.
B
If
a
man
lets
land
to
J.S.
to
have
and
to
hold
to
him
and
his
heires
for
tearme
of
the
life
of
J.D.
he
hath
Fee
determinable
,
for
if
J.S.
dye
,
living
he
for
whose
life
,
the
heire
of
the
Lessee
may
enter
,
and
not
a
stranger
as
Ocupans
,
Lit.
fol.
136.
8
H.
4.
fol.
14.
You
shall
see
the
same
,
21
H.
8.
Tit.
Estates
50.
and
inquire
.
If
a
man
devises
lands
to
J.S.
paying
ten
pounds
to
his
Executors
and
dies
,
J.S.
hath
Fee
by
reason
of
the
payment
,
without
words
heires
.
The
same
Law
is
,
if
one
sell
his
land
to
J.S.
without
words
heires
,
he
hath
Fee
,
4
Ed.
6.
tit
.
estates
78.
Lease
was
made
for
eleven
yeares
,
and
for
security
of
that
,
made
a
Writing
,
that
if
he
were
disturbed
he
should
have
Fee
,
and
Livery
was
made
,
and
hath
Fee
upon
disturbance
,
10
B.
of
Ass.
15.
10
Ed.
3.
Tit.
Ass.
161.
the
same
.
Lease
is
made
to
one
for
twenty
yeares
,
and
the
Writing
expresseth
over
,
that
after
the
twenty
yeares
,
that
the
Lessee
and
his
heires
shall
hold
it
for
ever
,
paying
ten
pounds
,
and
Livery
is
made
,
he
hath
Fee
forthwith
;
for
if
the
Lessor
takes
a
Wife
within
the
twenty
years
and
dies
,
shee
shall
recover
Dower
by
award
of
the
Court
,
31
Ed.
3.
tit
.
Feoffment
119.
If
a
man
lets
for
nine
yeares
upon
condition
,
that
if
the
Lessee
be
disturbed
within
the
tearme
,
that
the
Lessee
shall
have
Fee
;
if
the
Farmor
alien
before
disturbance
,
this
is
disseisin
to
the
Lessor
,
for
the
see
is
not
in
the
lessee
before
the
condition
broken
,
43
Book
of
Ass.
41.
If
Lands
be
granted
to
one
for
five
yeares
,
upon
condition
that
if
he
shall
pay
to
the
Grantor
within
the
first
two
yeares
forty
Marks
,
that
then
he
shall
have
fee
,
or
otherwise
but
for
five
yeares
,
and
Livery
and
Seisin
is
made
,
he
hath
fee
forthwith
upon
condition
,
Littleton
81.
See
14
H.
8.
fol.
25.
Diversity
where
the
condition
is
precedent
and
where
subsequent
.
The
Lord
Lovell
let
to
W.
for
life
,
and
if
the
Lessor
dyed
without
Issue
of
his
body
,
W.
should
have
Fee
,
the
Fee
is
not
forthwith
in
W.
Plowden
,
fol.
481.
Land
is
given
to
the
Husband
and
his
Wife
in
speciall
taile
,
the
remainder
in
Fee
to
the
Husband
,
which
deviseth
the
Fee
to
his
Wife
,
and
dyes
without
Issue
,
the
Wife
is
seised
in
Fee
,
27
Book
of
Ass
.
60.
Lit.
fol.
31.
B.
If
a
Woman
be
seised
in
Fee
,
and
deviseth
that
to
her
Husband
and
his
heires
,
and
dyes
,
he
hath
no
Fee
,
Natura
brevium
,
fol.
88.
3
Ed.
3.
Journey
to
Northampton
,
33
Ass.
3.
the
same
,
18
E.
4.
fol.
11.
B.
18
H.
8.
tit
Patentees
104.
The
King
gives
Land
to
J.
S.
and
to
his
heires
males
,
adjudged
that
the
Grant
is
void
,
for
that
that
the
King
is
deceived
in
his
Grant
,
for
this
sounds
in
Fee
simple
,
whereas
it
is
sayd
,
the
King
intended
but
an
Estate
taile
,
which
is
not
so
expressed
:
And
therefore
now
he
is
but
Tenant
at
will
;
and
contrary
in
the
case
of
a
common
person
:
For
Littleton
,
fol.
6.
saith
,
Lands
are
given
to
another
,
to
have
and
to
hold
to
him
and
his
heires
Males
,
or
to
his
heires
Females
,
or
to
whom
the
gift
is
made
,
hath
Fee
in
a
common
persons
case
,
for
that
there
is
no
limitation
in
the
gift
,
of
what
body
.
6
H.
7.
fol.
13.
If
Office
be
granted
to
one
for
life
,
and
after
the
King
grants
that
to
another
,
and
doth
not
recite
the
first
Grant
,
the
King
is
deceived
,
and
it
seemes
that
the
second
Grant
is
voyd
.
1
H.
7.
fol.
13.
Where
the
King
of
meer
motion
,
forgave
A
B
of
all
his
Debts
,
and
was
Sheriff
,
and
after
in
the
Exchequer
he
pleads
that
as
Sheriff
,
and
held
for
that
that
it
is
of
his
owne
motion
,
and
is
generall
,
yet
he
may
plead
that
,
and
it
is
a
good
Barr
:
Otherwise
it
is
,
where
it
is
by
suggestion
,
for
where
it
is
of
meer
motion
,
it
is
intended
the
King
is
not
deceived
;
but
it
seems
if
the
King
pardon
one
all
his
Debts
,
he
as
an
Executor
shall
not
take
advantage
of
that
:
The
same
Law
is
,
if
two
be
indebted
,
and
the
King
pardon
one
,
the
other
shall
not
take
advanrage
of
that
,
for
it
was
the
onely
debt
of
him
.
9
H.
7.
fol.
2.
Where
a
Grant
of
the
Kings
is
of
his
meer
motion
,
and
the
King
recites
,
that
where
he
hath
granted
by
his
Patent
,
he
ratifies
and
confirmes
,
and
over
(
We
give
and
grant
)
this
(
give
and
grant
)
is
not
,
but
voyd
,
for
the
King
is
Estopped
to
say
the
contrary
,
but
that
he
granted
and
ratified
that
;
but
if
it
were
,
as
We
are
informed
,
he
is
not
Estopped
,
and
the
King
there
is
deceived
:
And
where
it
is
of
his
meer
motion
,
recyted
that
he
holds
for
life
,
he
is
Estopped
to
say
contrary
,
but
if
it
were
,
as
We
are
informed
,
he
is
not
Estopped
,
and
the
King
is
deceived
,
and
he
holds
not
for
life
.
3
H.
8.
fol.
7.
held
,
Where
a
Grant
of
the
King
is
not
onely
of
his
meere
motion
,
but
also
of
suggestion
,
there
if
any
part
of
the
suggestion
be
not
true
,
the
whole
Grant
is
voyd
.
8
H.
7.
fol.
1.
Where
the
King
upon
information
of
the
party
,
Grants
a
Mannor
which
he
hath
by
forfeiture
,
and
hath
not
that
by
forfeiture
,
it
is
voyd
;
for
he
is
deceived
:
So
it
is
sayd
where
the
King
grants
reversion
,
where
there
is
no
reversion
,
he
is
deceived
,
and
voyd
.
27
H.
8.
tit
.
Patents
100.
It
is
sayd
for
Law
,
that
a
false
consideration
in
letters
Patents
shall
not
avoyd
them
;
as
where
the
King
for
ten
pounds
to
him
payd
,
gave
such
Land
,
and
the
ten
pounds
is
not
payd
,
the
Patent
is
not
void
,
and
shall
not
be
repealed
:
Contrary
of
Patent
granted
upon
false
surmise
,
as
to
falsifie
that
the
Land
came
to
the
King
by
the
attainder
of
J.
S.
which
is
not
true
,
or
such
like
.
26
H.
8.
fol.
1.
If
the
King
grants
Lands
to
J.
S.
and
recites
for
good
service
he
hath
done
,
he
grants
,
and
it
is
not
true
,
yet
the
Grant
is
good
,
though
the
consideration
is
false
.
27
H.
8.
fol.
33.
by
6
H.
8.
fol.
15.
Will
,
That
the
second
Patent
of
an
Office
shall
be
voyd
,
where
another
Patent
is
made
before
,
during
the
will
of
the
King
:
If
mention
and
recytall
be
not
made
in
the
second
Patent
,
of
the
first
Patent
made
at
the
will
of
the
King
;
if
the
Officer
hath
Fee
it
is
voyd
;
otherwise
it
is
if
hee
have
no
Fee
,
as
it
seemes
,
3
H.
7.
fol.
the
last
.
6
H.
7.
fol.
13.
the
same
.
Where
the
remainder
in
Fee
depends
upon
determination
of
Estate
,
and
where
upon
Condition
,
and
where
upon
Contingent
.
HUsband
and
his
Wife
seised
in
right
of
his
Wife
in
taile
,
the
Husband
enfeoffs
other
two
,
so
long
as
J.
S.
and
seven
other
persons
live
together
,
and
if
it
happen
any
of
them
to
dye
,
that
then
the
remainder
to
the
Husband
and
his
Wife
,
and
to
the
heires
of
the
Wife
,
and
J.S.
dyes
,
and
the
Husband
and
the
Wife
enter
,
as
they
may
,
for
the
remainder
depends
upon
determination
of
Estate
,
and
not
upon
condition
,
for
death
is
certaine
,
and
for
that
the
Estate
is
determined
,
18
H.
8.
fol.
3.
18
Ed.
3.
fol.
2.
A
Fine
was
levyed
to
the
Husband
and
his
Wife
,
and
to
their
heies
Males
,
of
their
two
bodies
begotten
;
so
that
if
the
Husband
dyed
without
heire
Male
,
that
that
should
remaine
to
the
right
heires
of
the
Husband
,
and
is
received
,
for
that
doth
not
depend
upon
condition
,
but
upon
a
limitation
upon
contingent
of
death
which
is
certaine
.
27
H.
8.
fol.
28.
A
Fine
upon
grant
and
render
,
by
which
the
Conisee
grants
and
renders
to
the
Conisor
,
the
Lands
in
taile
,
upon
condition
that
the
Conisor
and
his
heires
,
shall
carry
the
Standard
of
the
Conisee
in
Battell
,
and
if
the
Conisor
or
his
heires
faile
,
that
then
that
shall
remaine
to
a
stranger
;
this
depends
upon
a
condition
,
and
by
Fitzherbert
,
Fine
cannot
be
taken
upon
a
condition
,
but
if
it
be
taken
it
is
good
:
And
by
Fitzherbert
,
the
Fee
is
in
the
stranger
forthwith
,
before
the
Tenant
for
life
dyes
,
otherwise
it
takes
no
effect
,
for
this
word
(
that
then
it
shall
remaine
)
referrs
to
the
possession
of
the
Lands
;
that
is
,
that
then
the
possession
of
the
Land
after
the
death
of
the
Tenant
for
life
should
remaine
;
but
if
one
let
for
life
upon
condition
,
that
if
he
dye
,
&c.
the
remainder
to
a
stranger
,
that
is
in
him
presently
.
Plowdens
Commentaries
,
fol.
487.
Nichols
Case
;
If
a
Lease
be
made
upon
condition
,
that
if
the
Lessee
pay
certaine
Moneys
within
the
tearme
,
that
he
shall
have
it
in
Fee
,
he
hath
no
fee
forthwith
,
but
upon
the
payment
;
but
it
seemes
,
this
varies
from
the
remainder
.
If
a
man
makes
a
Lease
for
life
upon
condition
,
that
if
the
Lessor
dye
without
Issue
,
that
then
the
Lessee
shall
have
fee
,
the
Lessee
enters
into
Religion
,
and
after
the
Lessor
dyes
without
Issue
,
and
after
the
Lessee
is
drawne
out
of
Religion
,
he
shall
not
have
fee
;
in
so
much
that
at
the
time
of
the
condition
the
fee
could
norvest
in
him
.
21
H.
7.
fol.
11.
Gift
is
in
taile
upon
condition
,
that
if
he
alien
in
Fee
,
that
his
Estate
shall
cease
,
and
that
this
shall
remaine
to
a
stranger
,
it
is
not
good
;
for
an
Estate
of
Inheritance
cannot
cease
,
also
it
cannot
remaine
without
particular
Estate
,
and
it
cannot
be
upon
a
condition
repugnant
.
Where
your
Tenant
hath
the
fee
in
him
in
expectancy
,
and
not
executed
in
him
,
and
where
it
is
executed
in
him
.
A
Lease
to
the
Father
for
life
,
the
remainder
to
the
eldest
Son
in
taile
,
the
remainder
to
the
right
heires
of
the
Father
,
the
Father
dyes
,
and
the
eldest
Son
dyes
without
Issue
,
the
youngest
Son
shall
pray
releife
,
and
the
Fee
was
but
in
expectancy
,
40
Ed.
3.
fol.
9.
A
gift
to
three
Brothers
for
life
,
the
remainder
to
the
middlemost
in
taile
,
the
remainder
to
the
right
heires
of
the
elder
in
Fee
;
the
middlemost
and
the
youngest
dye
without
Issue
,
the
Fee
is
executed
in
the
eldest
,
40
Ed.
3.
fol.
20.
Tenant
for
life
,
the
remainder
to
J.
S.
in
taile
,
the
remainder
to
the
right
heires
of
the
Tenant
for
life
,
the
Tenant
for
life
is
impleaded
,
and
hath
ayde
of
him
in
remainder
,
for
that
that
the
Fee
is
in
expectancy
,
41
Ed.
3.
fol.
16.
Lease
for
life
,
the
remainder
in
taile
,
the
remainder
to
the
Tenant
for
life
in
Fee
,
yet
if
he
make
waste
,
hee
shall
be
punished
in
waste
,
for
that
he
hath
the
Fee
in
expectancy
,
but
not
executed
,
Fitzh
.
fol.
60.
B.
Gift
in
taile
,
the
remainder
to
his
right
heires
in
Fee
,
this
remainder
is
not
executed
,
yet
it
is
in
him
to
grant
,
Perkins
,
fol.
19.
12
Edw.
3.
the
same
,
and
7
H.
5.
fol.
2.
the
same
.
Where
one
hath
an
Estate
in
taile
,
Rastall
,
Treason
12
,
19.
the
remainder
to
his
right
heires
,
and
is
attaint
of
Felony
,
he
shall
forfeit
the
Fee
,
but
the
Issue
hath
the
Estate
taile
,
12
H.
4.
fol.
3.
But
by
the
Statute
of
5
Ed.
6.
chap.
12.
and
26
H.
8.
chap.
13.
One
attaint
of
high
Treason
against
the
Queen
,
the
Issue
shall
not
have
the
Land
intailed
,
7
H.
8.
fol.
48.
Fitzh
.
fol.
30.
B.
Tenant
in
taile
.
Land
is
given
to
R.
and
Katharine
and
to
their
Heires
,
and
to
the
other
heires
of
the
said
R.
If
the
said
heires
of
the
said
R.
and
K.
Issuing
dye
without
heire
of
them
,
it
is
an
Estate
taile
,
5
H.
5.
fol.
6.
Perk.
fol.
35.
a.
LAnd
was
given
to
one
and
to
his
Heires
,
if
he
have
Issue
of
his
Body
begotten
,
and
if
not
,
that
the
Land
should
return
,
it
is
an
Estate
taile
,
35
Book
of
Ass.
14.
Land
is
given
to
one
to
hold
to
him
and
his
heires
,
if
he
have
an
heire
of
his
own
flesh
,
and
if
not
,
it
should
return
,
it
is
an
Estate
taile
,
37
Ass.
15.
Land
is
given
to
one
,
to
have
to
him
and
the
heires
of
his
Body
,
and
to
one
heire
of
the
said
heire
only
,
it
is
and
estate
taile
for
two
Discents
at
least
,
Plowdens
Commenfol
.
39.
Book
of
Assises
20.
Gift
to
the
Brother
and
to
his
Sister
,
and
to
the
heires
of
their
two
Bodies
begotten
,
is
an
Estate
taile
,
that
is
severall
tailes
,
18
Ed.
3.
f.
39.
and
17
Ed.
3.
f.
51.
Land
is
given
to
a
married
man
,
and
to
a
woman
married
to
another
man
,
and
to
the
heires
of
their
Bodies
begotten
,
they
have
an
Estate
taile
presently
,
15
H.
7.
fol.
10.
If
Lands
be
given
to
one
,
to
have
and
to
hold
to
him
,
and
his
Heires
.
And
if
it
happen
that
he
dy
without
heire
of
his
Body
,
then
it
shall
remaine
,
&c.
It
is
an
Estate
taile
,
5
H.
5.
f.
6.
and
19
H.
6.
f.
75.
the
same
.
Land
is
given
to
the
Husband
,
and
to
his
Heires
of
the
Body
of
Margaret
his
Wife
begotten
,
though
that
Margaret
were
dead
at
the
time
of
the
gift
,
it
is
an
Estate
taile
,
12
H.
4.
f.
2.
Lit.
f.
6.
Lands
was
given
to
the
Husband
and
his
Wife
,
and
to
their
heires
saving
the
reversion
,
it
is
an
Estate
taile
,
9
Ed.
3
Statham
.
Lands
were
given
to
Maude
,
late
the
Wife
of
John
Mandevill
and
to
the
heires
of
the
said
John
which
he
begot
of
the
body
of
the
said
Wife
,
the
Wife
hath
an
Estate
for
life
,
the
Issue
an
Estate
taile
,
2
E.
3.7
.
&
17
E.
2.
Tit.
Fitzh
.
23.
Taile
7.
&
23.
Where
lands
were
given
to
one
and
his
Heires
,
of
his
body
begotten
,
before
the
Statute
of
Westm.
2.
he
had
fee
conditionall
,
and
after
Issue
had
,
had
power
to
alien
,
and
now
by
the
Statute
they
have
taile
,
Lit.
f.
3.12
Ed.
4.
f.
3.19
.
Ed.
2.
Tit.
61.
and
18
Book
of
Ass.
5.
the
same
.
A
man
gives
to
the
Husband
and
his
Wife
for
their
lives
,
and
the
longest
liver
of
them
,
the
remainder
to
the
Heires
of
their
Body
,
this
is
a
good
intaile
executed
immediately
,
35
H.
8.
Brook
.
Estates
75.
Lands
are
given
in
frank-marriage
,
to
have
to
them
and
to
their
heires
,
it
is
said
that
they
have
Fee
,
but
if
it
were
given
to
them
in
taile
to
have
to
them
and
their
Heires
,
they
have
taile
and
Fee
expectant
,
45
Ed.
3.
fol.
20.
and
32
Ed.
1.
there
Fitzh
.
Taile
25.
it
is
adjudged
taile
.
If
Lands
be
given
to
a
man
and
his
Wife
in
frank-marriage
,
to
have
to
him
and
to
his
heires
,
they
have
taile
,
for
the
frank-marrying
shall
not
be
defeated
by
these
Words
afterwards
,
31
Ed
1
Tit
25.
Lands
are
given
in
Frank-marriage
,
the
remainder
over
to
a
stranger
,
and
for
that
it
cannot
be
an
acquittall
,
it
shall
be
called
speciall
intaile
,
31
Ed
3
Tit
gard
116
and
17
Ed
3
Taile
2.
Gift
to
one
in
taile
,
the
remainder
to
his
right
heires
,
he
hath
taile
and
Fee
expectant
,
7
H
5
fol
2.
Lease
is
made
for
life
,
the
remainder
to
another
in
taile
,
the
remainder
to
E.
Daughter
of
the
Earl
of
Arundell
,
in
taile
,
saving
the
Reversion
,
and
all
dye
,
and
E.
is
heire
to
the
Donor
,
and
hath
taile
as
Purchasor
,
but
shee
hath
fee
expectant
,
and
she
shall
have
aid
;
but
not
age
if
she
be
within
age
,
for
that
,
that
the
Fee
is
but
in
expectancy
,
40
Ed
3
f
13.
24
H.
8.
Tit.
33.
Tenant
in
taile
hath
Issue
and
aliens
with
warranty
and
levies
Assets
and
dies
,
the
Issue
cannot
recover
by
Formedon
,
for
the
Warranty
and
Assets
is
a
Barr
,
and
if
the
Issue
alien
the
Assets
,
his
Issue
shall
not
have
Formedon
,
but
his
Issue
shall
have
a
Formedon
,
for
no
Assets
discends
to
him
.
35
H.
8.
tit
.
39.
Land
is
given
in
taile
to
the
King
,
and
after
the
King
by
his
Patent
lets
for
yeares
,
or
for
life
,
and
hath
Issue
and
dyes
,
the
Patent
is
voyd
,
for
it
is
no
discontinuance
,
Tit.
Discent.
35.
for
a
Grant
without
livery
doth
not
make
discontinuance
.
32
H.
8.
If
Tenant
in
taile
lets
for
yeares
,
and
dyes
without
Issue
,
the
Lease
is
voyd
,
and
hee
in
remainder
may
enter
.
5
Ed.
4.
fol.
2.
Tenant
in
taile
shall
not
have
a
(
Quo
Jure
)
nor
(
Ne
injuste
vexes
)
for
they
are
Writs
of
Right
.
14
Ed.
4.
fol.
6.
If
one
recover
in
a
Writ
of
Right
against
Tenant
in
taile
,
of
a
Rent
,
he
hath
Fee
till
he
be
defeated
.
The
same
Law
if
tenant
in
tail
be
disseised
,
the
disseisor
hath
fee
till
he
be
defeated
,
and
so
hath
the
discontinuee
.
39
Ed:
3
tit
:
18
:
Tenant
in
tail
of
a
Lordship
,
by
default
of
entry
within
a
year
after
the
alienation
,
of
the
land
in
Mortmain
,
may
prejudice
him
in
remainder
in
tail
,
and
by
consequence
his
issue
.
Fitzherbert
224
:
Tenant
in
tail
shall
have
a
(
Quod
permittat
)
Fitzherbert
136
:
shall
have
a
Writ
of
Mesne
,
Fitzherbert
151
O
:
shall
have
a
Writ
of
customes
and
services
in
the
Debet
and
Solet
,
Fitzherbert
134
C
,
shall
not
have
a
Writ
of
(
Rationabilibus
divisis
)
which
is
a
Writ
of
Right
.
Fitzh
.
10.
D.
The
issue
in
tail
shall
not
be
estopped
,
by
Seisin
of
more
rent
in
the
time
of
his
father
,
and
for
that
he
shall
not
have
a
(
Ne
injuste
vexes
)
but
may
avoid
that
in
Avowrie
.
Fitzh
.
fol.
9.
If
Tenant
in
tail
hath
Issue
two
Daughters
,
and
one
enters
in
all
,
the
other
shall
have
a
Formedon
,
and
not
(
Nuper
obiit
)
nor
(
Rationabili
parte
.
)
Fitzh
.
39.
If
Tenant
in
fee
of
an
advowson
be
disturbed
,
he
shall
have
a
Writ
of
Right
of
advowson
:
But
Tenant
in
tail
of
advowson
if
he
be
disturbed
,
shall
have
a
Quare
Impedit
,
and
not
a
Right
of
advowson
,
Fitzh.
105.
S.
If
Tenant
in
tail
be
barred
in
a
Formedon
by
false
verdict
,
and
after
releases
and
dies
,
his
heir
shall
have
Attaint
.
Fitzh.
158.
L.
The
Issue
in
tail
shall
have
Detinue
against
the
Discontinuee
for
the
deed
,
by
which
the
land
was
given
in
tail
.
Fitzh.
155.
If
Tenant
in
tail
lose
by
default
,
and
dies
without
Issue
,
he
shall
not
have
(
quod
ei
deforceat
)
but
a
formedon
.
7
H.
4.
fol.
48.
Tenant
in
tail
before
the
Statute
had
fee
conditional
,
and
now
by
the
Statute
hath
tail
,
and
for
that
shall
not
forfeit
for
Treason
nor
for
Felonie
,
but
that
the
Issue
shall
inherit
;
but
by
the
Statute
now
he
shall
forfeit
for
Treason
,
Nat.
bre:
fol.
102.
If
tenant
in
tail
be
attaint
for
Felonie
,
his
Issue
shall
inherit
.
12
H.
4.
f.
3.
If
tenant
in
tail
forfeit
his
land
,
his
Issue
shall
inherit
,
and
yet
his
wife
shall
not
be
endowed
,
by
Hank
.
Litt.
fol.
11.
If
a
man
be
seised
of
land
,
and
commits
fellonie
,
and
after
aliens
,
and
after
is
attaint
,
his
wife
shall
have
a
Writ
of
Dower
against
the
Feoffee
,
by
Navisor
:
But
if
it
be
escheated
to
the
King
or
Lord
,
she
shall
have
no
Writ
of
Dower
,
see
8
Ed.
3.
contrary
in
the
like
case
Nat.
Brevium
fol.
101.
If
tenant
in
tail
commit
felony
,
for
which
he
is
attaint
,
the
King
shall
have
escheat
for
his
life
.
5
&
6
Ed.
6.
cap.
11.
Where
the
Husband
commits
high
treason
,
the
Wife
shall
not
be
received
to
demand
her
Dower
.
Perkins
fol.
61.
If
tenant
in
general
tail
takes
a
Wife
,
and
hath
Issue
by
the
same
Wife
,
and
the
Husband
is
attaint
of
felonie
and
dies
,
his
Wife
shall
not
be
endowed
,
and
yet
by
the
Statute
of
Westm.
2.
cap.
1.
the
Issue
shall
inherit
.
Stamf.
fol.
194.
By
the
Common-Law
the
offender
in
felonie
or
treason
shall
forfeit
the
title
that
his
Wife
shall
have
by
the
marriage
to
be
endowed
of
the
land
.
But
by
the
Statute
of
1
Ed.
6.
cap.
12.
though
any
person
be
attaint
,
convict
,
or
outlawed
of
any
misprision
of
treason
,
murther
,
or
felonie
,
yet
their
Wives
shall
be
endowed
.
But
by
5
&
6
Ed.
8.
cap.
11.
it
is
otherwise
of
treason
,
as
afore
is
said
,
see
5.
Eliz.
cap.
1.
&
cap.
11.
18
Eliz.
cap.
1.
for
certain
treasons
.
19
Ed.
2.
tit
.
61.
Fitzh
.
Before
the
Statute
of
West
:
1.
after
Issue
had
,
tenant
in
tail
hath
power
to
alien
,
but
not
before
Issue
had
.
4
Ed.
3.
tit
.
22.
Fitzh
.
Land
given
in
special
tail
,
to
have
to
them
in
fee
,
and
if
they
die
without
Issue
of
their
body
,
that
the
land
shall
revert
,
&c.
this
is
adjudged
a
special
intail
.
24
Ed.
3.
tit
.
4.
Fitzh
.
If
lands
be
given
to
two
Husbands
and
their
Wives
,
and
to
the
heirs
of
their
bodies
begotten
,
it
is
held
clearly
that
this
is
a
several
intail
,
that
their
Issues
shall
have
several
actions
.
Littleton
fol.
52.
If
lands
be
given
to
two
men
,
and
to
their
heirs
of
their
two
bodies
begotten
,
the
Donees
have
joynt
estate
for
their
two
lives
,
and
yet
have
several
inheritances
,
that
the
Issue
of
one
shall
have
one
half
,
and
the
Issue
of
the
other
the
other
half
,
8
book
of
Assise
33
the
same
.
30
book
of
Assise
9
:
by
Shard
,
If
the
Ancestor
at
one
time
was
seised
of
an
estate
tail
,
and
after
purchaseth
in
fee
,
and
after
charges
the
land
and
dies
,
and
his
issue
enters
,
he
shall
hold
it
discharged
.
18
Ed:
2
tit
:
856.
Lands
given
to
one
,
and
the
heirs
of
his
body
to
be
begotten
,
is
a
good
intail
,
and
the
issue
before
as
after
shall
inherit
.
4
Ed:
2
tit
:
22
:
Lands
given
to
the
Husband
and
his
Wife
,
and
to
the
heirs
of
their
bodies
,
to
have
to
them
and
their
heirs
,
and
if
they
die
without
heirs
of
their
body
,
that
the
land
shall
revert
,
and
adjudged
a
special
intail
.
2
Ed.
4.
fol.
6.
Land
is
given
in
tail
to
be
held
of
the
cheif
Lords
,
it
is
a
void
(
Tenendum
)
and
shall
hold
of
the
Giver
,
3
book
of
Assise
8.
4
H.
6.
fol.
19.
27
H.
8.
f.
31.
If
Tenant
of
the
King
makes
a
gift
in
tail
without
license
,
the
King
may
choose
the
giver
or
the
to
whom
it
is
given
for
his
Tenant
;
but
if
he
take
the
ward
of
one
,
he
shall
not
have
the
other
.
5
H.
4.
f.
3.
Where
lands
was
given
to
Eme
,
to
have
to
the
said
Eme
,
and
the
heirs
of
the
body
of
Iohn
,
late
her
Husband
,
the
remainder
to
the
right
heirs
of
Eme
,
and
for
that
the
heirs
of
John
were
not
named
before
the
habendum
,
he
hath
nothing
,
but
Eme
hath
an
intail
,
&c.
12.
H.
4.
f.
2.
Where
lands
was
given
to
J.M.
and
to
the
heirs
of
the
body
of
Eliz.
late
his
Wife
begotten
,
and
though
Eliz.
was
dead
at
the
time
of
the
gift
,
yet
this
is
a
good
intail
that
W.
the
issue
of
J.M.
of
the
body
of
Eliz.
shall
inherit
.
Littleton
6.
If
a
man
have
issue
a
Son
and
dies
,
and
land
is
given
to
the
Son
,
and
to
the
heirs
of
the
body
of
his
Father
begotten
,
this
is
a
good
intail
,
and
yet
the
Father
was
dead
at
the
time
of
the
Gift
.
What
Acts
by
Tenant
in
tail
,
shall
bind
his
issue
and
others
,
and
what
not
.
TEnant
in
tail
,
the
reversion
to
the
King
,
Rastall
,
Recoveries
.
4.
makes
a
feoffment
and
dies
,
his
issue
enters
,
and
is
Tenant
in
tail
,
for
he
cannot
discontinue
:
And
34.
H.
8.
chap.
20.
If
he
suffer
common
Recovery
,
or
Voucher
,
where
the
reversion
is
in
the
King
,
this
shall
not
bind
the
issue
,
40.
Ass.
36.
Fine
levied
by
tenant
in
tail
in
possession
,
reversion
,
Rastall
,
Proclam.
3.
remainder
,
or
in
use
,
of
full
age
,
with
Proclamation
according
to
the
Statute
of
4.
H.
7.
chap.
12.
immediately
after
the
Fine
levied
and
Ingrossed
,
and
Proclamations
made
,
shall
be
a
Barr
against
the
Tenant
in
tail
,
and
also
against
his
heirs
claiming
the
tail
.
But
if
Tenant
in
tail
,
the
reversion
in
the
King
,
levie
such
a
fine
,
Rastall
,
Fines
9.
this
is
in
such
force
and
effect
,
as
it
was
before
the
making
of
this
Statute
,
and
not
otherwise
,
32
H.
8.
chap.
36.
See
30
H.
8.
tit
.
Barr
the
97.
Assurance
6.
Tenant
in
tail
is
bound
in
a
recognisance
,
and
execution
is
sued
by
Elegit
,
and
this
land
intailed
,
is
delivered
in
execution
,
and
the
Tenant
in
tail
dies
,
after
that
his
issue
may
enter
,
notwithstanding
this
Act
,
without
suing
Audita
querela
,
38
book
of
Assisse
5.
Tenant
in
tail
grants
a
rent
charge
and
dies
,
the
issue
enters
and
enfeoffes
I.
S.
and
takes
back
an
estate
,
the
charge
is
determined
,
for
by
the
entry
of
the
issue
,
the
rent
was
extinct
,
notwithstanding
execution
upon
the
Statute
was
executed
against
the
Feoffee
of
the
Tenant
in
tail
,
and
not
against
his
issue
,
14
Book
of
Assises
4.
Inquire
and
see
the
case
of
Trapps
,
Plow
.
Com.
f.
436.
5
H.
7.
f.
12.
Rent
charge
is
granted
by
Tenant
in
tail
,
and
after
he
dies
,
this
is
determined
.
If
issue
in
tail
be
outlawed
of
felony
,
in
the
life
time
of
his
father
,
and
hath
a
Charter
of
pardon
in
the
life
time
of
his
father
,
and
after
the
father
dies
,
the
issue
may
enter
,
otherwise
it
is
if
the
Charter
were
granted
after
the
death
of
the
father
,
for
then
if
he
enter
,
the
King
shall
seise
for
his
life
,
but
his
issue
may
enter
,
29
Book
of
Assises
60.
If
Tenant
in
tail
be
bound
in
a
Statute
Merchant
,
and
hath
issue
and
dies
,
and
execution
is
sued
against
the
issue
,
this
is
disseisin
to
him
,
17
book
of
Assise
21.
If
Tenant
in
tail
grant
a
Rent
charge
and
dies
,
the
Rent
is
determined
,
and
shall
not
bind
the
issue
,
5
H.
7.
f.
14.
B.
38
Ed.
3.
tit
.
13.
Tenant
in
tail
chargeth
the
land
,
enters
into
a
Statute
or
Recognizance
and
dies
,
it
shall
be
void
against
the
issue
.
If
one
recover
against
the
Tenant
in
tail
,
and
the
Tenant
in
tail
dies
before
he
which
recovers
enters
,
or
hath
execution
,
the
issue
in
tail
may
enter
,
and
is
not
bound
by
that
,
7
H.
4.
f.
17.
B.
Littleton
f.
155.
Tenant
in
tail
of
a
reversion
,
acknowledgeth
that
by
fine
to
one
with
warranty
,
and
dies
,
yet
this
shall
not
bind
his
issue
,
for
it
is
no
discontinuance
by
the
Common-Law
,
9
Ed.
4.
f.
19.
But
by
32
H.
8.
chap.
36.
this
fine
with
Proclamation
is
now
a
barr
after
the
year
.
Tenant
in
taile
of
Rent
,
grants
that
to
one
with
warranty
,
and
dies
,
this
shall
not
binde
the
Issue
,
for
it
is
no
discontinuance
,
but
at
pleasure
,
that
is
,
if
he
bring
a
Formedon
,
and
then
warranty
with
Assets
is
a
Barr
,
15
Ed.
4.
fol.
6.
21
H.
7.
fol.
10.
and
13
H.
7.
fol.
10.
the
same
.
If
the
Tenant
in
taile
exchange
,
or
devise
his
land
in
taile
and
dies
,
this
shall
not
binde
the
Issue
,
but
that
he
may
enter
,
for
it
is
no
discontinuance
,
9
Ed.
4.
fol.
22.
Tenant
in
taile
grants
a
Rent
charge
,
for
release
of
right
in
the
Land
,
this
shall
binde
his
Issue
after
his
death
,
44
Ed.
3.
f.
22.
8
H.
6.23
.
If
Tenant
in
taile
be
attaint
of
Felony
and
dies
,
that
shall
not
bind
the
Issue
,
but
that
he
may
enter
by
the
common
Law
,
12
H.
4.
f.
3.
Nat.
Bre.
f.
102.
the
same
.
Tenant
in
taile
of
full
age
,
le
ts
for
21.
yeares
according
to
the
Statute
of
,
32
H.
8.
chap.
28.
reserving
the
ancient
Rent
or
more
and
dies
,
this
is
a
good
Lease
,
and
shall
binde
the
Issue
.
If
Tenant
in
taile
let
for
22.
yeares
and
dies
,
this
shall
not
binde
his
Issue
,
but
he
may
enter
and
our
the
Lessee
,
but
yet
he
may
have
covenant
against
the
Excutors
of
Tenant
in
ta●le
,
though
it
were
not
warranted
in
the
Indenture
,
48
Ed.
3.
fol.
2.
18
Ed.
3.
Tit.
13.
the
same
If
the
father
Tenant
in
taile
of
land
suffers
recovery
,
and
execution
and
dies
,
or
cause
collaterall
warranty
to
he
made
,
one
or
other
shall
binde
the
Issue
untill
,
&c.
for
it
is
discontinuance
,
3
H.
7.
f.
13.
The
Issue
in
taile
in
Formedon
may
falsifie
a
recovery
,
by
default
had
against
his
Father
,
and
also
where
it
is
by
fained
action
,
as
there
was
a
release
made
to
his
Father
not
pleaded
,
and
so
recovery
joynt
,
Littleton
fol.
155
The
Issue
in
taile
is
not
bound
by
a
recovery
against
his
Father
but
that
he
may
say
that
his
Father
discontinued
,
and
took
another
intaile
,
and
so
was
seised
of
another
intaile
,
then
he
demanded
time
of
the
recovery
,
12
Ed.
4.
fol.
15.
and
13
Ed.
4.
f.
1.
the
same
.
The
Issue
in
taile
is
not
bound
by
recovery
against
his
Father
,
if
his
Father
were
not
Tenant
,
but
one
J.S.
14
Ed.
4.
fol.
2.
and
fee
Plowd
.
Com.
fol.
1.
the
case
of
Mansell
.
If
Tenant
in
tail
infeoffs
one
against
whom
a
(
Precipe
quod
reddat
)
is
brought
,
or
(
an
entry
in
the
Post
)
and
he
voucheth
the
Tenant
in
taile
which
made
the
Feoffment
,
and
he
over
the
common
Vouchee
,
this
double
Voucher
is
the
most
sure
conveyance
to
Barr
the
Issue
,
by
reason
of
the
recompence
in
value
,
and
this
is
the
common
conveyance
at
this
Day
,
where
there
is
an
Estate
taile
,
and
this
barrs
the
Issue
in
taile
forthwith
,
and
also
is
a
Barr
to
him
,
which
hath
over
that
in
remainder
in
taile
,
by
reason
of
the
recompence
,
which
the
first
Tenant
in
taile
hath
by
his
Voucher
,
13
Ed.
4.
f.
1.
and
27
H.
8.
Tit.
Recovery
in
value
28.
Recovery
upon
Voucher
against
Tenant
in
taile
is
a
Barr
,
by
reason
of
the
recompence
in
value
,
and
recovery
by
Writ
of
Entry
,
in
the
Post
,
by
single
Voucher
,
doth
but
give
the
Estate
which
the
Tenant
in
taile
hath
in
possession
,
at
the
time
of
the
recovery
,
so
that
if
he
were
in
of
another
Estate
then
in
taile
,
there
the
taile
is
not
bound
against
the
Heire
,
23
H.
8.
Tit.
32.
Note
that
a
Fine
levied
by
Tenant
in
taile
,
where
the
remainder
is
to
another
in
taile
with
Proclamations
,
if
he
dye
without
Issue
,
he
in
remainder
hath
five
yeares
to
make
his
claime
,
and
for
that
recovery
is
better
for
it
is
a
Barr
forthwith
,
30
H.
8.
Tit.
Recovery
in
value
30.
Of
Lands
in
taile
,
the
Issue
in
taile
shall
be
bound
,
and
charged
of
these
Lands
to
the
payment
of
Debt
which
his
Ancestor
ought
by
obligation
made
to
the
King
,
as
I
take
it
,
33
H.
8.
chap.
39.
inquire
.
Land
that
a
woman
holds
in
Dower
of
her
Husbands
,
shall
be
charged
where
the
Husband
was
indebted
to
the
King
,
if
the
Heires
or
Executors
have
not
sufficient
,
but
where
the
title
of
Dower
was
before
the
Debt
to
the
King
,
otherwise
it
is
,
Fitzh
.
fol.
150.
Q.
It
seems
that
the
Heire
in
taile
,
shall
be
charged
for
Debt
due
in
the
Exchequer
to
the
King
,
by
his
Father
,
if
the
Executors
have
not
sufficient
,
Fitzh
.
fol.
117.
C.
Notwithstanding
,
if
Tenant
in
taile
Debtor
of
the
King
in
the
Exchequer
,
dy
,
his
Issue
shall
not
be
charged
,
as
it
is
held
in
Plowd
.
Comment.
fol.
249.
See
there
,
440.
For
Debt
of
the
King
against
the
Heire
in
Fee
,
32
H.
8.
Tit.
Discont
.
32.
Recovery
against
the
Tenant
in
taile
,
the
Reversion
or
remainder
in
the
King
in
Fee
,
shall
binde
the
Tenant
in
taile
,
and
the
Issue
in
taile
,
but
shall
not
binde
the
King
,
but
now
by
the
Statute
of
,
35
H.
8.
chap.
20.
It
shall
not
binde
the
Issue
in
taile
but
that
he
may
enter
,
see
M.
33.
H.
8.
Tit.
31.
Recovery
in
value
.
Seek
if
the
Statute
of
,
34.
&
35.
H.
8.
Provides
for
any
Issues
in
taile
,
but
only
the
Issues
of
the
Donees
of
the
King
,
for
the
Preamble
speakes
only
of
those
,
but
the
Statute
is
,
whereof
the
reversion
or
remainder
,
is
in
the
King
,
and
for
that
it
seems
every
Issue
in
taile
,
where
the
Reversion
or
remainder
is
in
the
King
may
enter
,
but
a
Fine
with
Proclamation
,
by
such
Tenant
in
taile
,
the
Reversion
or
remainder
in
the
King
,
seemes
is
not
remedied
by
this
Statute
,
but
by
,
32
Hen.
8.
chap.
36.
Where
Reversion
is
in
the
King
,
is
no
discontinuance
,
for
though
the
Heire
in
taile
shall
be
barred
by
Fine
with
Proclamation
,
after
Proclamation
made
,
yet
there
is
an
exception
in
the
Ststute
,
of
those
whereof
Reversion
or
remainder
is
in
the
King
,
so
that
it
shall
not
binde
such
Issue
in
taile
,
title
assurance
,
6.
see
,
4
H.
7.
chap.
24.
37
H●●
.
Where
Tenant
in
taile
is
attaint
of
Treason
before
the
Statute
of
26
H.
8.
His
Son
shall
have
the
land
,
for
he
doth
not
claime
only
as
Heire
but
by
the
Statute
,
and
by
the
form
of
the
gift
,
see
the
Statute
of
5
and
6.
Ed.
6.
chap.
11.
That
for
high
Treason
Tenant
in
taile
shall
forfeit
his
Lands
,
Com.
f.
237.
27
H.
8.
f.
6.
If
Tenant
in
taile
sell
Trees
and
dies
,
and
after
he
that
hath
bought
them
cuts
them
,
trespasse
lies
,
but
if
they
be
cut
in
his
life
time
,
it
seems
the
Buyer
may
take
them
.
18
Ed.
3.
Tit.
Disseisin
92
Where
Tenant
in
taile
is
bound
in
a
Statute
and
dies
,
and
his
Issue
enters
,
and
the
Conisee
outs
him
by
execution
,
which
is
an
act
of
Law
,
he
is
a
Disseisor
.
Plowd
.
Com.
f.
235.
before
the
Statute
of
Westm.
2.
he
had
but
an
Estate
of
Inheritance
and
that
was
Fee
,
but
this
was
in
two
manners
absolute
and
conditionall
,
and
Formedon
in
Reverter
was
at
the
common
Law
,
and
Formedon
in
Remainder
by
the
Statute
.
1
H.
4.
f.
6.
If
Tenant
in
taile
by
Estoppel
,
or
livery
suing
,
holds
of
the
King
and
dies
,
his
Issue
shall
not
be
Estopped
.
43
Ed.
3.
f.
14.
Presentment
to
an
Advowson
in
the
life
of
the
Tenant
in
taile
,
puts
him
during
his
life
out
of
possession
,
but
not
his
Issue
.
38
Ass.
5.
Tenant
in
taile
is
bound
in
Recognisance
,
and
Execution
is
sued
by
Elegit
and
this
Land
delivered
in
execution
,
and
after
the
Tenant
in
taile
dies
,
his
Issue
may
enter
without
suing
,
Audila
querela
.
17
Ass.
21.
If
Tenant
in
taile
be
bound
in
a
Statute
,
and
hath
Issue
and
dies
,
and
after
execution
is
sued
against
the
Issue
,
this
is
disseisin
to
him
and
he
shall
have
Assise
though
he
comes
in
by
processe
by
Law
.
14
Ass.
3.
It
seems
if
Tenant
in
taile
be
bound
in
a
Statute
and
dies
,
and
after
his
Issue
infeoffs
J.S.
that
the
Conisee
may
have
Execution
against
the
Feoffee
.
35
H.
8.
fol.
38.
If
the
King
gives
in
taile
by
his
Letters
Patents
,
and
after
the
Donee
surrenders
the
Letters
Patents
to
the
King
,
the
taile
by
this
is
not
extinct
.
38
H.
8.
Tit.
39.
Land
is
given
in
taile
to
the
King
,
he
is
Tenant
in
taile
and
cannot
have
greater
Estate
then
the
giver
will
depart
to
him
,
and
if
the
King
let
for
yeares
or
for
life
,
or
make
a
Feoffment
in
fee
,
and
hath
Issue
●nd
dies
,
the
Issue
may
enter
,
for
this
is
no
discontinuance
.
Tenant
in
Frank-marriage
.
GIft
was
to
the
Husband
and
his
Wife
in
Frank-marriage
,
and
this
may
be
as
well
after
the
marriage
as
before
,
4
Ed.
3.
Title
Taile
6.
Perkins
fol.
48.
C.
If
a
gift
be
made
with
a
woman
in
Franke-marriage
,
which
is
not
Cozen
to
the
giver
,
this
is
but
for
life
.
Old
Tenures
.
Gift
in
frank-marriage
with
the
Son
of
the
giver
,
his
Cozen
is
no
frank-marriage
.
Time
of
H.
8.
Tit.
10.
but
Fitz
f.
172.
H.
and
7
E.
4.
f.
12.
A.
by
Moile
in
the
Prior
of
Spaldings
case
,
seems
contrary
.
Gift
in
frank-marriage
,
(
within
the
yeares
of
Marriage
)
with
a
Daughter
,
and
they
were
divorced
at
full
age
,
at
the
Suit
of
the
Husband
,
yet
the
Daughter
shall
have
all
,
for
she
was
the
cause
of
the
gift
,
19
Book
of
Assise
2.
19
Ed.
3.
Title
Assise
83.
If
a
gift
be
to
the
Husband
and
his
Wife
in
taile
,
and
they
are
divorced
,
it
seemes
that
they
have
not
now
but
a
freehold
,
and
though
that
they
have
Issue
before
the
Divorce
,
that
shall
not
inherite
:
But
if
a
gift
in
tayle
be
made
to
two
men
,
or
to
one
man
and
his
Mother
,
or
Daughter
,
and
to
the
heires
of
their
bodies
,
their
severall
heires
of
their
bodies
shall
inherite
,
for
that
that
they
cannot
marry
,
7
H.
4.
fol.
16.
and
17
Ed.
3.
fol.
51.
and
Title
tayle
the
15.
This
is
where
the
Divorce
defeats
the
marriage
from
the
beginning
.
Gift
in
Frank-marriage
,
rendring
twenty
shillings
rent
,
this
reservation
is
void
,
4
H.
6.
fol.
22.
by
Martin
:
But
the
old
Tenure
is
contrary
,
tit
.
Frank-marriage
,
and
17
Ed.
3.
fol.
66.
also
contrary
.
If
a
gift
be
in
Frank-marriage
with
his
Cozen
,
rendring
Rent
,
this
is
Intaile
,
and
not
Frank-marriage
,
and
if
a
gift
be
with
a
Woman
in
Frank-marriage
which
is
no
Cozen
to
the
giver
,
this
is
but
for
life
:
See
before
,
the
45
Ed.
3.
fol.
20.
If
a
man
give
in
Frank-marriage
,
rendring
Rent
,
the
reservation
is
voyd
,
till
the
fourth
degree
be
past
,
26
Book
of
Ass.
66.
Land
was
given
to
a
man
and
his
Wife
in
Frank-marriage
,
to
have
and
to
hold
to
the
Husband
and
his
heires
,
and
adjudged
they
have
taile
,
and
not
Fee
,
for
the
frank-marriage
shall
not
be
defeated
by
words
afterwards
,
32
Ed.
1.
tit
.
Taile
25.
Reversion
was
given
with
his
Daughter
to
one
in
Frank-marriage
,
and
is
good
,
26
Ed.
3.
tit
.
27.
Taile
.
Gift
is
made
with
Agnes
his
Daughter
to
A.
in
Frank-marriage
,
and
after
A.
marries
Agnes
and
dyes
,
and
hee
gives
another
Acre
with
Agnes
to
B.
her
second
Husband
in
Frank-marriage
,
and
both
are
Frank-marriage
,
31
Ed.
1.
tit
.
Taile
30.
Gift
in
Frank-marriage
,
the
remainder
to
J.
D.
in
fee
,
is
not
good
,
for
there
cannot
be
an
acquittall
,
where
remainder
is
given
over
:
Time
of
H.
8.
tit.
11.
19
Ed.
3.
tit
.
1.
If
Lands
be
given
in
Frank-marriage
(
to
have
)
for
their
lives
,
the
(
To
have
)
shall
not
abridge
,
but
inlarge
the
Estate
,
and
for
that
is
is
Frank-marriage
.
2
E.
3.
tit
.
94.
One
gives
Land
to
A.
with
Alice
his
Daughter
in
Frank-marriage
,
to
have
and
to
hold
to
the
aforesayd
A.
and
his
heires
,
and
it
seemes
Frank-marriage
.
13
Ed.
1.
tit
.
Formedon
63.
I.
gave
R.
and
Alice
his
Daughter
,
Lands
in
Frank-marriage
,
to
have
to
the
aforesaid
R.
and
Alice
and
their
heires
,
or
to
whom
he
will
assigne
it
,
and
the
sayd
R.
did
beget
no
heire
of
the
sayd
Alice
,
nor
the
sayd
R.
and
A.
did
not
assigne
it
to
any
in
their
life
time
,
and
it
seemes
that
after
the
death
of
R.
and
A.
without
Issue
,
the
Land
ought
to
revert
to
J.
See
45
Ed.
1.
fol.
20.
Tenant
after
possibility
of
Issue
extinct
TEnant
after
possibility
of
Issue
extinct
,
shall
not
have
ayd
of
him
in
reversion
,
but
he
in
remainder
shall
be
received
upon
his
default
,
2
H.
4.
fol.
17.
7
H.
4.
f.
10
&
11
H.
4.
fol.
14.
the
same
.
Time
of
Ed.
1.
Fitzh
.
wa
st
125.
shall
not
be
punished
in
wast
.
Nor
shall
be
compelled
to
attorn
in
a
(
Quid
juris
clamat
)
46
Ed.
3.25
.
39
Ed.
3.
the
same
,
and
12
Ed.
4.
fol.
3.
the
same
.
If
he
alien
,
he
in
reversion
may
enter
for
forfeiture
,
45
Ed.
3.25
.
11.
H.
4.
f.
14.
the
same
,
10
H.
6.
f.
1
and
39
Ed.
3.
f.
20.
Tenant
after
possibility
of
Issue
extinct
shall
not
have
wast
,
2
H.
4.
f.
21.
wast
doth
not
lie
against
Tenant
after
possibility
of
Issue
extinct
,
45
Ed.
3.
f.
25.
He
shall
not
have
aid
,
but
if
he
alien
,
he
in
reversion
may
enter
for
forfeiture
,
10
H.
6.
f.
1.
39
Ed.
3.
f.
20.
Lit.
f.
7.
and
11
H.
4.
f.
14.
the
same
.
39
Ed.
3.
tit
.
17.
Taile
,
Tenant
after
possibility
of
Issue
extinct
which
is
impleaded
,
shall
not
have
aid
of
him
in
reversion
,
but
if
he
alien
in
Fee
,
he
in
reversion
may
enter
,
and
shall
not
be
compellable
to
attorn
,
nor
wast
lies
against
him
,
but
if
he
makes
default
after
default
,
he
in
reveresion
may
be
received
.
Tenant
by
the
Curtesie
.
IF
a
married
woman
be
Tenant
after
possibility
of
Issue
extinct
,
and
the
Fee
discends
from
her
Ancestor
,
and
she
dies
,
it
is
held
that
the
Husband
shall
be
Tenant
by
the
curtesie
,
9
Ed.
4.
f.
19.
and
14
Ed.
3.
f.
7.
Husband
discontinues
Lands
of
his
Wife
,
and
takes
an
Estate
again
to
them
in
fee
,
and
hath
Issue
,
and
the
Wife
dies
,
then
the
Husband
shall
not
be
Tenant
by
the
curtesie
,
9
H.
7.
f.
1.
If
a
man
have
Issue
by
his
Wife
Inheritrix
,
though
she
had
Issue
a
Daughter
before
she
inherited
,
yet
he
shall
be
Tenant
by
the
curtesie
,
21
H.
3.
Title
Dower
198.
If
a
woman
Signioresse
take
her
Tenant
to
Husband
,
and
hath
Issue
,
and
dies
,
the
Husband
shall
not
be
Tenant
by
the
curtesie
of
Services
,
1
Ed.
3.
Tit.
Dower
70.
A
man
shall
not
be
Tenant
by
the
curtesie
,
unlesse
his
Wife
have
possession
in
Deed
of
it
,
but
of
an
Advowson
and
Rent
,
where
she
dyed
before
day
of
payment
,
he
shall
be
Tenant
by
the
curtesie
,
21.
Ed.
3.
fol.
49.
the
same
.
If
the
Issue
be
born
living
,
notwithstanding
that
he
dies
before
he
be
heard
cry
,
the
Husband
shall
be
Tenant
by
the
curtesie
,
for
the
Issue
shall
not
be
taken
,
if
the
Infant
were
heard
cry
after
he
was
born
,
but
if
he
were
born
alive
or
not
,
Perkins
f.
89.
A
man
seised
of
Land
in
fee
,
is
attaint
of
felony
,
his
Wife
shall
loose
Dower
,
but
if
the
Wife
seised
in
fee
be
attaint
of
felony
,
and
hath
Issue
by
her
Husband
,
and
she
is
hanged
,
yet
the
Husband
shal
be
Tenanr
by
the
curtefie
,
21
Ed.
3.
f.
49.
A
man
takes
a
Wife
seised
in
fee
,
and
hath
Issue
,
he
commits
felony
for
which
he
is
attaint
,
the
King
pardons
him
,
it
seems
he
shall
not
be
Tenant
by
the
curtesie
,
by
reason
of
the
Issue
which
he
had
before
his
attainder
,
but
if
he
had
Issue
after
his
pardon
,
it
is
otherwise
,
13
H.
7.
fol.
17.
If
a
man
takes
a
Wife
seised
in
fee
,
and
she
is
attaint
of
Felony
and
hanged
,
the
King
shall
have
the
Land
forthwith
,
if
the
Husband
were
not
intitled
to
be
Tenant
by
the
curtesie
,
11
H.
4.
f.
19.
b.
Daughter
and
Heire
endows
her
Mother
,
and
after
takes
a
Husband
,
and
hath
Issue
and
dies
,
the
Mother
after
dies
,
the
Husband
shall
not
be
Tenant
but
by
the
curtesie
of
that
,
8
Book
of
Affises
6.
3
H.
7.
f.
5.
If
Rent
discends
to
a
Daughter
which
takes
a
Husband
,
and
she
dyes
before
the
day
of
payment
,
the
Husband
shall
be
Tenant
by
the
curtesie
.
Fitzh
.
f.
149.
D.
A
man
shall
not
be
Tenant
by
the
curtesie
of
Land
of
the
Wife
,
unlesse
the
Wife
have
possession
in
Deed
of
that
Land
,
if
it
be
not
in
a
special
case
,
as
of
Advowson
or
Rent
,
where
she
dies
before
the
day
of
payment
of
the
Rent
.
Tenant
in
dower
.
THE
Wife
after
the
death
of
her
Husband
shall
remain
in
the
cheife
House
by
forty
daies
after
the
death
of
her
Husband
,
within
which
daies
her
Dower
shall
be
assigned
unto
her
,
unlesse
before
it
were
assigned
,
and
there
shall
be
also
assigned
unto
her
,
the
third
part
of
all
the
Land
of
her
Husband
which
was
his
in
his
life
time
,
Magna
Charta
chap.
7.
Of
Widowes
which
cannot
have
their
Dowers
without
Suit
,
that
is
,
that
whosoever
shall
deforce
them
of
their
Dowries
of
the
Tenements
of
which
their
Husbands
died
seised
,
and
afterwards
the
same
Widowes
by
Suit
recover
them
,
they
shall
give
unto
the
said
Widowes
all
their
dammages
according
to
the
value
of
the
whole
Dowrie
,
due
unto
them
from
the
time
of
the
death
of
their
Husbands
,
Merton
chap.
1.
If
a
Woman
of
her
own
accord
leave
her
Husband
and
departeth
,
and
liveth
with
an
Adulterer
,
she
shall
for
ever
loose
her
action
of
recovering
her
Dower
which
was
due
unto
her
of
her
Husbands
Tenements
,
and
be
of
that
convicted
,
unlesse
her
Husband
of
his
own
accord
,
and
without
cohersion
of
the
Church
shall
receive
her
,
and
suffer
her
to
dwell
with
him
,
West
.
2.
chap.
34.
If
the
Hnsband
be
attaint
,
convict
,
or
out-Lawed
of
Felony
,
yet
his
Wife
shall
be
indowed
,
but
if
the
Husband
be
attaint
of
Treason
,
his
Wife
shall
not
be
indowed
,
by
1
Ed.
6.
chap
:
12
:
5
Ed.
6.
chap.
11.
Where
a
woman
shall
beindowed
,
and
where
not
WHere
the
Husband
Tenant
of
the
King
dies
,
and
his
Wife
is
committed
to
the
King
,
during
that
time
she
shall
not
have
Dower
,
if
she
be
not
surprised
of
Dower
,
2
H.
4.
f.
7.
&
6
H.
4.
f.
7.
It
seems
if
a
woman
takes
a
lease
by
Indenture
for
years
,
that
during
this
lease
she
is
not
Dowable
;
but
if
she
take
the
Lessor
to
Husband
,
and
after
he
dies
,
she
is
Dowable
notwithstanding
the
lease
,
6
H.
4.
fol.
7.
Fitzh.
149.
E.
the
same
.
Dower
shall
not
be
,
where
the
Husband
dies
having
the
reversion
of
a
Free-hold
,
that
is
of
a
reversion
of
an
Estate
for
life
,
as
a
man
lets
for
life
,
and
afterwards
takes
a
Wife
and
dies
,
2
H.
4.
f.
27.
1
Ed.
6.
tit
.
Dower
89.
7
H.
6.
f.
9.
by
June
.
Fitzh.
149.
C.
A
woman
may
be
endowed
of
a
mine
of
Coals
,
but
she
cannot
make
new
mines
,
for
that
shall
be
said
wast
.
Where
the
Estate
is
made
to
the
Husband
for
life
,
the
remainder
to
another
for
life
,
the
remainder
to
the
Husband
in
fee
,
the
Husband
dies
,
his
Wife
shall
not
have
Dower
,
unless
that
the
Husband
survive
him
in
remainder
for
life
,
46
Ed.
3.
f.
16.
B.
by
Finchden
.
If
a
lease
be
made
of
lands
for
years
to
A.
the
remainder
to
B.
for
life
,
the
remainder
to
the
right
heirs
of
B.
and
after
B.
takes
a
wife
and
dies
,
during
the
term
of
years
,
his
Wife
shall
recover
Dower
:
But
execution
shall
cease
,
during
the
term
of
years
,
Perkins
fol.
67.
A.
1
Ed.
6.
tit.
89.
Where
a
woman
is
endowed
of
land
which
her
Husband
took
in
Exchange
,
she
shall
not
be
endowed
of
the
land
given
in
Exchange
,
31
Ed.
2.
tit
.
Dower
204.
&
17
Ed.
2.
tit
.
Dower
162.
the
same
.
Where
the
Husband
holds
joyntly
with
one
,
and
no
partition
made
,
his
wife
shall
not
be
endowed
,
8
Ed.
2.
tit.
167.
Littleton
f.
9.
the
same
.
Where
the
Husband
enters
in
Religion
,
the
heir
shall
inherit
,
and
yet
his
wife
shall
not
be
endowed
;
for
the
wife
may
have
him
again
out
of
Religion
,
32
Ed.
1.
tit.
136.
Perkins
f.
91.
D.
the
same
.
If
the
Husband
be
Tenant
in
common
with
two
others
in
Fee
,
and
dies
,
now
his
wife
shall
be
endowed
,
but
not
by
metes
and
bounds
,
Eitzberbert
fol.
149.
I
:
Littleton
fol.
9.
the
same
.
If
a
villain
takes
a
wife
,
and
purchaseth
land
,
and
after
the
Lord
enters
,
and
then
the
villain
dies
,
the
wife
shall
be
endowed
,
19
Ed.
2.
f.
71.
A
woman
of
eight
years
three
quarters
,
at
the
death
of
her
husband
shall
have
no
Dower
,
Littl.
8.
12
Ed.
2.
tit.
159.
the
same
.
A
woman
of
the
age
of
ten
years
at
the
death
of
her
Husband
shall
be
endowed
,
12
R.
2.
tit
.
54.
&
8
R.
2.
tit.
122.
the
same
.
Where
the
Husband
hath
an
Office
eo
keep
a
Park
,
to
him
and
to
his
heirs
,
his
wife
shall
be
endowed
of
that
,
Pl.
Com.
f.
379.
If
the
Lord
enter
for
Mortmayn
,
yet
the
wife
of
the
Tenant
shall
have
Dower
,
Perk.
f.
76.
A.
The
same
Law
,
if
the
Lord
recover
against
the
Husband
in
Cessavit
.
the
Wife
of
the
Tenant
shall
be
endowed
,
34
book
of
Assise
15.
where
the
Husband
dies
without
heir
,
and
the
land
escheats
,
the
wife
shall
be
endowed
.
Tenant
by
the
Curtesie
surrenders
to
the
Husband
in
reversion
,
upon
condition
,
and
enters
for
the
condition
,
the
wife
of
him
in
reversion
shall
not
be
endowed
,
14.
Ed:
4.
f.
6.
Where
a
man
enfeoffs
one
upon
condition
,
to
re-enfeoff
the
feoffer
again
,
it
behoveth
that
be
made
to
a
man
unmarried
,
or
to
a
Chaplain
that
hath
no
wife
;
for
if
it
be
to
a
man
which
hath
a
wife
,
she
shall
be
endowed
,
38.
H.
8.
tit
.
Assurance
3.28
Book
of
Ass.
4.
the
same
.
Lands
is
mortgaged
to
the
Husband
,
and
after
the
condition
broken
,
the
Husband
by
agreement
takes
his
money
and
dies
,
his
wife
shall
be
endowed
,
42
Ed.
3.
fol.
1.
A
woman
hath
title
of
Dower
,
and
enters
upon
the
heir
,
and
enfeoffs
him
by
Deed
,
she
hath
given
him
her
title
of
Dower
included
,
and
is
not
now
Dowable
of
that
land
,
11
H.
7.
f.
20.
The
husband
Tenant
in
general
tail
,
makes
a
feoffment
,
and
takes
back
a
special
tail
,
and
his
first
wife
dies
,
and
he
takes
another
wife
and
he
dies
,
and
his
issue
enters
,
this
second
wife
shall
not
be
endowed
,
for
the
heir
was
remitted
,
41
Ed.
3.
f.
30.
&
46
Ed.
3.
f.
24.
the
same
.
Where
land
is
given
to
the
husband
,
and
his
wife
in
special
tail
,
the
remainder
to
another
in
tail
,
the
remainder
to
the
right
heirs
of
the
husband
,
and
the
wife
dies
,
and
the
husband
takes
another
wife
,
and
dies
living
him
in
remainder
,
the
second
wife
shall
not
be
endowed
of
that
land
,
46
Ed.
3.
f.
16.
Land
is
given
to
the
husband
and
K.
his
wife
in
special
tail
,
the
remainder
to
the
husband
in
general
tail
,
and
K.
dies
without
issue
,
and
the
husband
takes
another
wife
and
dies
,
this
second
wife
shall
be
endowed
,
50
Ed.
3.
fol.
4.
Where
the
husband
and
his
wife
have
special
tail
,
the
second
wise
shall
not
be
thereof
endowed
,
22
Ed.
3.
fol.
9.
B.
Littleton
11.
the
same
.
Where
land
is
given
to
the
husband
and
his
heirs
which
he
begets
of
the
body
of
Margaret
his
wife
,
which
was
dead
at
the
time
,
and
he
takes
Eliz.
and
dies
,
this
second
wife
shall
not
be
endowed
,
12
H.
4.
f.
2.
If
a
woman
go
away
with
an
Adulterer
,
into
some
land
of
her
husbands
,
and
be
not
reconciled
,
yet
she
shall
not
lose
Dower
:
otherwise
it
is
if
she
were
out
of
the
lands
of
her
husband
,
8
R.
2.
tit.
253.
If
a
woman
go
away
and
dwell
with
an
Adulterer
,
she
shall
not
have
Dower
:
But
if
she
were
carried
away
,
against
her
will
,
and
was
carried
20
miles
,
and
returns
,
and
her
husband
dies
,
she
shall
have
Dower
,
43.
Ed.
3.
fol.
19.
47.
Ed.
3.
fol.
13.
Where
a
recovery
is
by
default
,
or
a
reddition
against
the
husband
without
title
,
the
wife
shall
have
Dower
.
46
Ed.
3.
fol.
23.
Where
a
recovery
is
against
the
husband
,
the
wife
is
barred
of
Dower
:
But
if
the
recovery
were
by
default
,
it
is
remedied
by
the
Statute
,
and
where
by
render
,
is
aided
by
the
Common-Law
,
and
other
recovery
is
not
remedied
.
Against
whom
Dower
may
be
brought
,
and
what
Assignement
is
good
,
and
what
not
.
WHere
a
Guardian
in
Socage
endowes
a
Wife
,
it
seemes
it
is
disseisin
,
for
a
Writ
of
Dower
doth
not
lye
against
a
Guardian
in
Socage
,
but
against
a
Guardian
by
Knights
service
it
lyeth
,
29
Book
of
Ass.
68.
Assignement
of
Dower
by
the
Disseisor
is
good
,
if
it
be
not
by
Covin
of
the
wife
:
The
same
Law
is
by
Abator
,
or
Intruder
,
Perk.
fol.
76.
Assignement
of
Dower
by
the
Tenant
of
the
Freehold
,
is
good
,
and
ought
to
be
by
him
12
Ed.
3.
tit
.
86.
Perkins
78.
the
same
.
Guardian
in
Socage
cannot
assigne
Dower
,
but
Guardian
by
Knight
service
may
,
3
Ed.
3.
tit.
108.
Perkins
,
fol.
78
G.
It
appeares
that
Guardian
by
Knights
service
may
assigne
Dower
,
Fitzh
.
fol.
148
A.
Where
the
Husband
was
seised
of
diverse
Tenements
and
Manners
,
and
the
Sheriff
assignes
the
Wife
,
which
recovers
one
Mannor
,
and
a
whole
Advowson
,
it
is
good
,
for
it
is
an
infinite
work
to
assigne
part
of
every
Acre
,
12
E.
4.
fol.
2.
If
the
Husband
hath
three
Mannors
,
and
during
the
marriage
charges
them
with
a
Rent
and
dyes
,
if
the
wife
take
the
third
part
of
every
Mannor
,
she
shall
hold
it
discharged
,
but
if
she
take
one
Manner
onely
,
she
shall
hold
two
parts
charged
,
17
Ed.
2
tit.
164.
It
seemes
it
is
good
barr
in
Assignement
,
that
her
Husband
before
the
marriage
granted
by
Deed
to
her
a
Rent
in
the
name
of
Dower
,
to
which
she
agreed
after
his
death
,
20
Ed.
4
fol.
3
in
Dower
,
but
inquire
.
Rent
assigned
out
of
Land
of
which
she
is
dowable
without
Deed
,
is
good
,
but
out
of
other
Land
,
it
is
not
,
33
H.
6.
fol.
2
B.
Assignement
of
Rent
out
of
the
same
Land
,
of
which
she
is
Dowable
,
is
good
barr
in
Dower
,
if
shee
agree
,
7
H.
6
fol.
36.
Perkins
fol.
76
D.
the
same
.
If
a
woman
recover
in
a
Writ
of
Dower
,
shee
cannot
enter
without
Assignement
,
but
in
other
Precipe
,
if
one
recover
,
he
may
enter
,
but
here
it
shall
be
assigned
to
her
by
the
Sheriff
,
by
metes
and
bounds
,
40
E.
3.
fol.
22.
Where
the
Woman
recovers
damage
,
and
where
the
Tenant
may
say
,
he
is
yet
ready
to
excuse
him
of
damages
,
if
it
be
in
Copy-hold
,
and
otherwise
.
A
Woman
shall
recover
damages
where
the
Husband
dyed
seised
,
if
the
Tenant
do
not
come
in
the
first
day
ready
to
render
Dower
,
Nat:
Bre:
fol.
7.
If
the
Tenant
come
at
the
first
day
,
and
saith
,
that
he
was
alwaies
ready
,
the
Plaintiffe
may
averr
,
that
she
hath
demanded
Dower
,
and
she
cannot
have
it
,
2
H.
4.
fol.
8.
and
this
found
,
she
shall
recover
damages
.
At
the
Summons
returned
,
the
Tenant
comes
,
and
saith
that
he
was
alwaies
ready
to
render
Dower
,
and
yet
is
,
for
the
Plaintiff
to
say
that
he
was
not
ready
alwaies
,
is
no
Plea
,
but
by
Thirne
she
ought
to
shew
that
her
Husband
died
seised
,
and
she
demanded
in
the
Country
,
and
you
refused
,
but
by
Hank
,
the
bringing
of
the
Writ
is
a
demand
in
Law
,
but
he
agreed
,
that
she
ought
to
aver
,
the
dying
seised
of
her
Husband
,
if
she
will
recover
dammages
,
6
H.
4.
f.
5.
Dower
,
the
Tenant
saith
that
he
was
alwaies
ready
and
yet
is
,
and
the
Demandant
avers
that
her
Husband
died
seised
,
and
saith
that
he
was
not
ready
,
and
for
that
this
is
no
Issue
,
but
she
shall
say
that
she
demanded
,
inquest
of
Office
was
awarded
,
which
findes
he
died
seised
,
and
the
Wife
shall
recover
dammages
from
the
time
of
his
death
,
but
where
the
Tenant
was
ready
,
though
that
the
Husband
died
seised
,
the
wife
shall
not
recover
dammages
,
11
H.
4.
f.
39.
&
6
H.
4.
f.
5.
Dower
,
the
Tenant
saith
that
he
hath
been
alwaies
ready
to
render
Dower
,
and
yet
is
,
the
Plaintiff
saith
that
her
Husband
died
seised
.
And
she
required
the
Defendant
at
D.
and
he
refused
,
and
the
Issue
shall
not
be
,
that
he
did
not
refuse
generally
,
but
he
offered
,
and
she
refused
,
without
that
that
he
refused
,
13
Ed.
4.
f.
7.
Dower
,
the
Tenant
acknowledgeth
the
action
,
and
the
Demandant
to
have
dammages
surmiseth
,
that
her
Husband
died
seised
,
and
hath
a
Writ
to
inquire
of
dammages
,
and
held
that
if
the
Tenant
come
at
the
first
day
,
and
will
aver
that
he
was
ready
,
and
yet
is
,
if
the
demandant
cannot
aver
the
contrary
,
the
Demandant
shall
not
recover
dammages
,
14
H.
8.
f.
28.
If
the
Tenant
be
effoyned
,
yet
he
may
say
yet
ready
,
for
the
Essoyne
may
be
put
in
by
a
stranger
,
7
H.
7.
f.
7.
&
f.
the
last
.
the
same
,
2
Ed.
4.
f.
20
,
and
14
H.
6.
fol.
4.
The
same
.
Dower
after
imparlance
,
the
Tenant
cannot
say
that
he
was
alwaies
ready
,
and
yet
is
,
5
Ed.
4.
f.
141.
Tenant
for
Life
.
A
Man
devise
all
his
Goods
to
his
Wife
,
and
would
that
his
Son
should
have
his
House
after
the
death
of
his
Wife
,
notwithstanding
that
it
is
not
devised
to
the
Wife
,
she
shall
have
that
for
her
life
,
13
H.
7.
fol.
17.
Lease
to
a
Woman
as
long
as
she
lives
unmarried
,
or
as
long
as
she
behaves
her self
well
,
it
is
for
life
conditionall
,
37
H.
6.
fol.
28.
Land
is
given
to
one
to
have
and
to
hold
,
so
that
he
paies
to
the
Grantor
for
his
Life
10
l.
this
is
an
estate
for
life
,
3
Book
of
Ass.
9.
An
Estate
to
one
till
he
hath
levied
ten
pounds
,
he
hath
that
for
life
till
,
&c.
21
Book
of
Assise
.
18.
If
I
let
to
W.N.
to
hold
till
a
hundred
pound
be
paid
,
and
without
making
Livery
and
Seisin
,
he
hath
an
Estate
but
at
will
,
and
if
there
be
Livery
,
it
is
for
life
upon
condition
,
to
cease
the
hundred
pound
levied
,
2
Mar.
Brook
Lease
67.
And
so
in
the
three
cases
next
,
it
is
to
be
intended
Livery
to
be
made
.
J.S.
Tenant
for
life
aliens
to
B.
to
have
to
him
and
to
his
Heires
for
the
life
of
J.S.
B.
hath
an
Estate
but
for
the
life
of
J.S.
24
H.
8
Tit.
Forfeiture
87.
If
Lands
be
given
to
a
man
and
his
Wife
and
to
the
Heires
of
their
two
Bodies
begotten
,
and
they
are
divorced
,
now
they
have
but
an
Estate
for
their
lives
,
7
,
H.
4.
f.
18.
If
I
grant
Rent
to
you
without
more
,
you
shall
have
that
for
life
,
7
Book
of
Ass.
1.
If
a
devise
be
to
one
without
more
,
he
hath
an
Estate
for
life
,
22
Ed.
3.
f.
16.
Tenant
for
yeares
.
What
Act
determines
a
Lease
for
yeares
,
and
who
shall
have
the
Corne
,
what
is
a
good
Lease
for
yeares
,
and
what
not
.
THE
Husband
seised
in
right
of
his
Wife
,
le
ts
for
seven
yeares
and
dies
,
the
Wife
may
enter
,
but
if
the
Termor
had
sowed
the
Land
in
the
life
time
of
the
Husband
,
the
Termor
shall
have
the
Corn
,
7
Book
of
Assises
19.
If
the
Lord
enter
upon
a
Copy-holder
for
Forfeiture
,
and
the
Land
be
sowed
,
the
Lord
shall
have
the
Corn
,
42
Ed.
3.
f.
25
The
Husband
and
the
Wife
lets
the
Land
of
the
Wife
for
twenty
yeares
rendring
Rent
,
and
the
Husband
dies
,
the
Wife
accepts
the
Rent
,
it
is
a
good
Lease
,
and
was
not
void
,
3
H.
6.
fol.
2.2
H.
6.
fol.
the
same
,
and
21
H.
6.24
.
If
a
Parson
or
a
Prebendary
let
for
yeares
,
rendring
Rent
and
dies
,
though
that
the
Successors
accept
the
Rent
,
the
Lease
is
not
good
,
32
H.
8.
tit
.
acceptance
14.32
H.
8.
Tit.
Dean
and
Chapter
20.24
H.
8.
tit
.
B.
19.38
H.
8.
Lease
18.
22
H.
8.
tit
.
Ancestor
14.
If
Tenant
in
Dower
lets
for
yeares
,
rendring
Rent
and
dies
,
the
Lease
is
void
,
and
acceptance
by
the
heire
of
the
Rent
will
not
make
the
Lease
good
,
for
it
was
void
before
,
9
E.
4.
f.
37.
by
Nedham
,
If
I
let
Land
for
yeares
in
which
is
a
Mine
,
I
cannot
enter
and
take
that
,
nor
Trees
,
but
I
shall
be
punished
.
The
Bishop
lets
for
yeares
,
rendring
Rent
and
dies
,
and
the
Successor
accepts
the
Rent
,
this
makes
the
Lease
good
,
for
the
Bishop
hath
Fee
and
may
have
a
Writ
,
of
Right
,
2
Ed.
6.
tit
.
acceptance
.
20.
The
same
Law
is
,
where
an
Abbot
lets
for
yeares
,
rendring
Rent
and
dies
,
the
Successor
accepts
the
Rent
,
the
Lease
is
good
,
21
Ed.
4.
f.
5.
B.
Where
Tenant
in
taile
lets
for
21.
yeares
and
dies
,
and
the
Issue
in
taile
outs
the
Lessee
,
as
he
may
,
and
doth
not
accept
the
Rent
,
the
Lessee
may
have
covenant
against
the
Executor
of
the
Lessor
,
and
recover
dammages
though
it
be
not
warranted
,
48
Ed.
3.
f.
2.
A
Lease
by
Tenant
in
taile
for
21.
yeares
,
made
according
to
the
Statute
,
rendring
ancient
Rent
,
or
more
;
though
Tenant
in
taile
dye
,
this
is
a
good
Lease
against
the
Issue
,
but
if
Tenant
in
taile
dy
without
Issue
,
the
Donor
may
avoid
this
Lease
by
entry
,
32
H.
8.
chap.
28.
Tenant
in
taile
the
remainder
over
,
le
ts
for
yeares
rendring
Rent
,
and
dies
without
Issue
,
and
he
in
the
remainder
accepts
the
Rent
,
this
shall
not
binde
him
,
insomuch
that
when
the
intaile
is
determined
,
the
Lease
is
determined
and
void
,
1
Ed.
6.
tit
.
acceptance
19.
Lease
for
yeares
,
and
so
from
yeare
to
yeare
,
as
long
as
both
parties
pleased
,
after
he
hath
entred
into
every
yeare
,
it
is
a
Lease
for
that
yeare
,
and
a
Lease
for
a
thousand
yeares
is
good
,
14
H.
8.
f.
1.
Lease
for
three
hundred
yeares
is
good
,
and
is
but
a
Chattell
,
notwithstanding
the
long
time
,
32
Book
of
Assises
6.
If
a
man
lets
for
sixty
yeares
,
and
so
from
sixty
yeares
to
sixty
yeares
,
untill
two
hundred
yeares
be
ended
,
this
is
also
one self
same
Lease
,
and
good
,
29
H.
8.
tit
.
Lease
49.
and
Plowdens
Commentaries
273.
the
same
.
The
Husband
and
his
Wife
,
purchase
to
them
and
to
the
Heires
of
the
Husband
,
and
after
the
Husband
lets
for
yeares
and
dies
,
the
Wife
may
enter
and
avoid
the
Lease
for
her
Life
,
but
if
she
dy
before
the
residue
of
the
Tearm
,
it
is
good
to
the
Lessee
against
the
Heire
of
the
Husband
,
33
H.
8.
tit
.
Lease
.
58.
And
note
by
all
the
Justices
,
that
the
Guardian
by
Knight
Service
,
shall
not
out
the
Termor
,
where
he
hath
a
Lease
of
his
Tenant
which
dies
,
his
Heire
within
age
,
contrary
was
the
Law
in
times
past
,
as
it
appeares
before
in
the
title
Ward
.
Where
it
is
agreed
and
granted
to
J.S.
that
he
shall
have
twenty
Acres
,
in
D.
for
twenty
yeares
,
this
is
a
good
Lease
for
this
word
(
Concessit
)
is
as
strong
,
as
devised
,
37
H.
8.
tit
Lease
60.
If
one
license
one
to
enter
,
and
to
occupie
his
Land
for
years
,
it
is
a
Lease
for
yeares
in
Law
,
10
Ed.
4.
f.
4.
&
5
H.
7.
f.
1.
the
same
.
Tenant
in
taile
lets
for
twenty
two
yeares
rendring
Rent
and
dies
,
and
the
Lessee
lets
that
over
for
ten
yeares
,
and
the
Issue
accepts
the
Rent
of
the
second
Lessee
,
this
is
no
confirmation
of
the
Lease
,
for
there
is
no
privity
betwixt
the
second
Lessee
and
him
,
32
H.
8.
Tit.
Acceptance
13.
A
man
lets
for
ten
yeares
,
and
the
next
day
lets
the
same
Land
to
another
for
twenty
yeares
,
this
is
a
good
Lease
for
the
last
ten
yeares
of
the
twenty
yeares
,
which
are
ended
after
the
first
ten
yeares
;
26
H.
8.
Tit.
Lease
48.
See
the
time
of
,
H.
8.
Tit.
Lease
.
35.
Weston
saith
,
If
I
let
for
so
many
yeares
as
J.S.
shall
name
,
and
after
J.S.
in
my
life
time
names
certaine
years
the
Lease
is
good
for
those
yeares
,
Plowdens
Commentaries
273.
A
man
lets
a
House
with
the
Appurtenances
,
no
Land
passes
,
but
if
a
man
lets
a
House
,
with
all
the
Land
to
the
same
belonging
,
there
the
Lands
with
that
used
passe
,
and
it
is
a
good
Lease
of
those
,
Plowd
.
Com.
f.
273.
31
H.
8.
tit
.
Lease
55.
See
.
Plowd
.
Com.
85.
b.
and
f.
170.23
H.
8.
tit
.
Feoffments
53.
If
a
man
lets
for
life
to
J.S.
and
the
next
day
lets
to
W.
N.
for
yeares
,
the
second
Lease
is
void
,
if
it
be
not
granted
of
a
Reversion
,
37
H.
8.
tit
.
Lease
48.
A
man
lets
for
yeares
,
to
have
after
the
Lease
thereof
made
to
J.N.
ended
,
and
in
truth
J.N.
hath
no
Lease
,
this
begins
forthwith
,
3
Ed.
6.
tit
.
Lease
62.
A
man
hath
a
Lease
for
yeares
as
Executor
of
J.S.
and
after
purchaseth
the
Reversion
,
the
Lease
is
extinct
and
determined
,
yet
it
may
be
assets
,
4
Ed.
6.
Tit.
Extinguishment
24.
Leases
made
by
a
Bishop
,
otherwise
then
for
21.
yeares
or
three
lives
,
from
the
time
that
such
Lease
begins
,
and
where
upon
the
old
Rent
is
not
reserved
,
is
void
,
1
Eliz.
not
in
Print
,
and
for
that
a
Lease
made
for
thirty
yeares
by
a
Bishop
,
and
confirmed
by
the
Dean
and
Chapters
,
under
their
Seale
,
shall
not
binde
their
Successor
,
but
if
the
Bishop
,
Dean
and
Chapter
,
joyne
in
a
Lease
for
thirty
yeares
;
this
is
a
good
Lease
,
notwithstanding
this
Statute
:
And
see
,
Pulton
tit
.
Ecclesiasticall
persons
.
What
Lease
by
Spirituall
persons
,
is
good
,
and
what
not
.
And
see
,
13
Eliz.
chap.
10.
That
a
Lease
by
Bishop
,
Dean
and
Chapter
,
for
longer
time
then
twenty
one
yeares
or
three
lives
,
is
not
good
,
and
by
,
14
Eliz.
chap.
11.
They
may
make
a
Lease
of
Houses
in
Cities
and
Borroughs
,
for
forty
years
,
and
by
,
18
Eliz.
chap.
11.
They
cannot
let
where
there
is
an
old
Lease
,
which
hath
continuance
for
three
yeares
,
or
more
.
A
man
possessed
of
a
Tearm
for
forty
yeares
,
grants
so
many
of
them
to
J.S.
which
shall
be
behinde
at
the
time
of
his
death
,
and
it
seems
it
is
void
,
for
the
Incertainty
,
otherwise
it
is
if
it
were
by
devise
.
But
if
a
man
lets
his
Land
,
to
have
after
his
death
for
forty
yeares
this
is
good
,
for
this
is
certaine
,
7
Ed.
6.
tit
.
Lease
66.
See
,
8
H.
7.
fol.
4.
Grant
of
Rent
,
but
if
a
man
let
for
life
and
foure
yeares
over
is
good
.
Tenant
which
holds
in
cheife
dies
,
his
heire
before
Livery
sued
,
makes
a
Lease
for
yeares
,
this
is
good
,
if
no
Intrusion
be
found
by
Office
,
and
if
after
the
Lease
,
the
dying
seised
be
found
by
Office
,
and
no
intrusion
it
hath
no
relation
to
the
death
of
the
Ancestor
,
unlesse
for
the
profits
and
not
to
defeat
the
Lease
,
5
Ed.
6.
Tit.
Lease
57.
Tenant
at
will
.
What
acts
Tenant
at
will
may
do
,
and
what
to
him
,
and
what
by
him
are
good
,
and
what
not
.
IF
Tenant
at
will
lets
for
yeares
,
in
his
own
name
:
He
is
a
Disseisor
,
12
Ed.
4.
f.
12.
Release
made
to
the
Tenant
at
will
by
the
Lessor
is
good
,
Lit.
f.
108.
If
one
alien
his
Mannor
,
there
need
not
that
Tenant
at
will
attoin
,
Lit.
f.
125.
Tenant
at
will
cannot
grant
over
his
Estate
to
any
,
for
he
hath
no
Interest
certaine
,
27
H.
6.
f.
3.
B.
If
a
man
lets
to
one
at
will
,
the
Lessor
dies
,
the
will
is
determined
,
21
H.
6.
f.
42.
If
Tenant
at
will
be
outed
,
this
is
Disseisin
to
the
Lessor
,
and
yet
the
Tenant
at
will
may
enter
without
commandement
of
his
Lessor
,
for
the
will
continues
,
38
H.
6.
fol.
28.
If
Tenant
at
will
make
wast
,
action
upon
the
case
lies
against
him
,
and
not
wast
,
48
Ed.
3.
f.
25.
11
H.
6.
f.
38.
the
same
.
See
,
Lit.
f.
15.
&
12
Ed.
4.
f.
8.
the
same
.
22
Ed.
4.
f.
5.
Trespasse
lies
.
14
H.
8
f.
12.
By
Brown
,
If
Tenant
at
will
makes
wast
,
action
upon
the
case
lies
,
and
by
Roo
,
if
my
Father
lets
at
will
and
dies
,
the
will
is
determined
.
Littleton
fol.
14.
If
Tenant
at
will
makes
voluntary
wast
,
he
saith
,
that
the
Lessor
shall
have
an
action
of
trespasse
,
but
it
seems
he
intended
trespasse
upon
the
case
.
48
Ed.
3.
f.
2.
Action
upon
the
case
lies
against
Tenant
at
will
,
which
makes
wast
in
burning
of
Houses
willingly
,
and
not
action
of
wast
.
2
Ed.
4.
fol.
5.
By
Littleton
,
If
I
deliver
to
you
my
Gown
,
and
you
burn
it
,
action
upon
the
case
lies
,
and
not
trespasse
.
By
force
of
Armes
,
43
Ed.
3.
f.
30.
If
one
hath
Goods
by
delivery
,
trespasse
doth
not
lye
against
him
,
but
Detinue
.
21
H.
6.
fol.
43.
is
,
That
an
action
of
wast
doth
not
lye
against
Tenant
at
will
,
which
makes
wast
but
trespasse
.
41
Ed.
3.
f.
24.
Where
a
Miller
takes
more
tole
then
he
ought
,
action
upon
the
case
lies
against
him
,
and
not
trespasse
.
2
Ed.
4.
f.
5.
If
my
Servant
of
a
shop
,
which
hath
power
to
sell
,
gives
my
Wares
,
it
seems
that
I
shall
have
trespasse
against
the
Donee
.
Tenant
at
will
may
cut
Trees
seasonable
,
but
if
he
cut
great
Trees
wast
doth
not
lye
,
but
action
upon
the
case
.
Tenant
at
will
of
a
Mine
may
take
the
Oare
and
sell
it
,
12
Ed.
4.
f.
8.
He
which
holds
at
will
,
hath
that
at
the
will
of
both
,
and
Debt
lieth
for
the
Rent
reserved
,
20
Edw.
4.
fol.
9.
If
the
Lessee
at
will
sow
the
Land
,
and
after
be
outed
,
he
shall
have
the
Crop
,
but
if
he
be
outed
after
the
plowing
,
and
before
the
sowing
,
he
shall
loose
the
Costs
of
plowing
,
and
the
compost
of
that
,
11
H.
4.
fol.
90
Tenant
at
sufferance
.
Who
is
Tenant
at
sufferance
and
who
not
,
and
what
acts
he
may
do
.
TEnant
at
sufferance
is
where
one
of
his
own
head
occupies
my
Land
,
and
claims
nothing
,
but
at
my
will
,
and
release
to
him
is
not
good
,
Littleton
f.
108.
There
is
no
Tenant
at
sufferance
,
but
he
which
first
enters
by
authority
,
and
Lawfully
,
as
a
man
lets
for
yeares
,
or
for
anothers
life
,
and
holds
in
further
after
the
Lease
expired
,
or
after
the
death
of
him
for
whose
life
,
time
of
H.
8.
tit
.
Tenant
by
copy
.
15.
Tenant
at
sufferance
is
,
when
Lessee
for
yeares
after
the
tearm
ended
,
occupies
the
Land
by
consent
of
the
Lessor
,
without
a
Lease
at
will
,
21
H.
6.
f.
42.
Tenant
at
sufferance
may
distrain
doing
dammage
upon
the
Land
,
and
yet
release
made
to
him
is
not
good
,
4
H.
7.
f.
3.
and
he
may
have
trespasse
.
Villainage
.
For
that
,
that
in
the
fifth
Article
villainage
is
to
be
inquired
in
Leet
and
in
Court-Baron
,
and
is
to
be
inquired
,
who
is
Villainof
the
Kings
:
Somthing
shall
be
said
touching
that
,
and
first
how
they
began
,
and
where
the
Lord
may
seise
and
have
them
,
and
how
their
Goods
and
Chattells
and
other
things
,
and
how
contrary
,
and
how
not
.
VIllaines
began
after
Noahs
Flood
,
that
is
,
when
all
things
were
in
common
,
and
when
they
increased
,
and
also
were
taken
in
Battells
and
one
kil'd
another
,
to
avoid
this
mischeife
,
it
was
ordained
that
none
should
kill
another
,
but
those
which
they
overcame
should
be
their
Villaines
,
to
use
at
their
pleasure
;
but
not
to
kill
them
,
Britton
f.
77.
If
the
Villaine
buy
Goods
and
sell
them
,
or
give
them
to
another
,
before
the
Lord
seise
them
,
then
the
Lord
cannot
seise
them
nor
have
them
,
otherwise
it
is
of
the
Kings
Villaine
,
Littleton
f.
39
Lord
and
Villaine
,
the
Lord
is
indebted
to
one
,
which
makes
the
Villaine
his
Executor
,
the
Villaine
shall
have
Debt
against
his
Lord
,
and
the
Lord
cannot
seise
and
have
the
Goods
which
the
Villaine
hath
as
Executor
,
3
H.
4.
f.
15.
the
same
47
Ed.
3.
f.
16.
Littleton
f.
41.
and
21
Ed.
4.
f.
50.
Old
Tenures
2.
If
a
Villaine
dy
before
the
Lord
seise
his
Goods
or
claim
by
word
,
the
Lord
cannot
seise
them
,
not
have
them
,
but
his
Executors
,
3
H.
4.
f.
17.
If
a
villaine
purchase
Lands
and
alien
them
before
that
the
Lord
enter
,
or
buy
Goods
and
sells
them
before
that
the
Lord
seise
them
,
the
Lord
shal
not
have
them
,
Lit.
f.
39.
If
the
Lord
seise
Goods
,
and
deliver
them
to
the
Villain
again
,
if
they
be
taken
from
him
,
the
Lord
may
have
trespasse
,
or
take
and
seise
them
again
,
and
have
them
,
11
H.
4.
f.
2.
Lit.
f.
39.
If
he
seises
parcell
of
the
Goods
in
name
of
all
,
that
suffices
for●ll
.
The
Lord
hath
possession
of
Goods
of
his
Villaine
by
Seisure
,
of
land
by
entry
,
of
Rent
,
Reversion
,
and
Advowson
,
by
claim
,
Perkins
f.
6.
Littleton
.
40.
The
Lord
cannot
seise
his
Villaine
in
the
presence
of
the
King
,
and
yet
after
he
may
have
him
,
27
Book
of
Ass.
49.
If
my
Villaine
Infant
be
in
ward
of
one
,
by
reason
that
he
holds
of
him
by
Knights
service
,
I
may
enter
and
seise
the
Infant
,
and
out
the
Guardian
,
and
shall
have
him
,
40
Book
of
Ass.
7.
The
Lord
cannot
take
and
seise
his
Villaine
,
out
of
the
service
of
another
,
which
hath
retained
him
,
unlesse
that
he
hath
more
Servants
;
but
he
may
seise
the
Goods
,
39
R.
2.
tit
.
action
upon
the
case
52.
The
Lord
may
take
the
Rent
which
a
Villaine
hath
in
possession
,
but
not
a
thing
in
action
,
as
obligation
of
Debt
or
Covenant
.
What
is
infranchisement
,
and
what
not
.
IF
a
●ree-man
marry
his
she
Villaine
,
she
is
infranchised
,
Little
.
fol.
41.
And
that
their
Issue
is
free
,
46
Ed.
3.
fol.
4.
If
a
she
Villaine
marry
a
Free-man
,
she
is
made
free
for
ever
,
and
shall
not
be
a
Villaine
again
,
unlesse
by
a
speciall
act
afterwards
as
being
divorced
,
or
acknowledgeth
her self
a
she
Villain
in
Court
of
Record
,
●itzh
.
fol.
78.
G.
33
Ed.
3.
f.
187.
Statham
,
is
that
shee
is
infranchised
but
during
the
marriage
.
If
a
Villaine
woman
marry
a
Free-man
,
she
and
all
her
Issue
have
a
free
Estate
for
ever
,
and
a
Villaine
becomes
free
if
he
marry
his
Mistris
;
the
same
Law
if
a
she
Villaine
marry
her
Lord
,
Brit.
f.
78.
a.
If
a
Villaine
dwell
in
ancient
Demesne
of
the
King
,
by
a
year
and
a
day
without
claime
,
he
is
infranchised
,
Fitzh
.
f.
79.
A.
But
there
held
,
if
he
dwell
in
the
ancient
Demesne
of
another
Lord
then
the
King
,
by
a
yeare
and
a
day
,
without
claime
,
he
is
not
infranchised
,
39
H.
6.
tit.
20.
and
39
E.
3.
f.
6.
If
the
Lord
and
his
Villaine
vouch
together
,
where
the
Villaine
hath
purchased
Lands
,
if
he
be
not
from
all
benefit
shut
up
,
being
called
to
warranty
,
it
is
an
infranchisement
,
33
H.
6.
f.
1.
The
Reversion
is
granted
,
to
a
Villaine
and
his
Lord
being
Tenant
for
life
attornes
,
this
doth
not
infranchise
the
Villaine
,
for
the
Lord
gives
nothing
to
the
Villaine
and
he
cannot
otherwise
have
the
Reversion
,
11
H.
7.
fol.
13.
If
a
man
infranchise
his
Villaine
,
with
the
whole
sequell
it
behoveth
to
be
,
for
those
created
,
and
to
be
created
,
some
born
before
that
infranchisement
is
not
made
free
,
15
H.
7.
f.
14.
Though
the
Lord
make
Attorney
,
where
his
Villaine
is
Plaintiff
it
is
no
infranchisement
,
22
Book
of
Ass
.
4.
&
29
Ed.
3.
f.
24.
the
same
.
If
the
Lord
suffer
his
Villaine
to
be
sworn
of
a
Jury
in
the
Kings
Court
,
it
is
an
infranchisment
,
Britton
fol.
83.
Villaine
shall
not
be
infranchised
,
for
that
his
Lord
sues
a
(
Recordare
)
upon
a
plaint
of
Replegiare
,
5
Ed.
3.
f.
187.
Statham
.
Tenant
in
taile
of
a
Mannor
,
to
which
is
a
Villaine
regardant
,
aliens
the
same
Land
to
the
Villaine
and
dies
.
The
Issue
recovers
the
Land
against
the
Villaine
,
yet
he
may
after
seise
the
Villain
,
and
he
is
not
infranchised
,
notwithstanding
that
he
hath
brought
action
against
his
Villaine
,
for
he
cannot
otherwise
come
to
the
Land
,
24
Edw.
3.
fol.
187.
If
in
an
action
a
Villain
imparle
with
his
Lord
,
or
hath
a
day
by
(
Prece
partium
)
he
is
infranchised
,
9
H.
6.
f.
the
last
,
and
22
Ed.
4.
f.
36.
the
same
.
If
the
Lord
suffer
his
Villaine
to
be
made
a
Knight
,
it
is
an
infranchisement
,
Britton
f.
79.
If
the
Lord
infcoffs
his
Villaine
it
is
an
infranchisement
for
ever
,
12
H.
3.
tit.
42.
If
the
Plaintiff
in
a
Writ
of
(
Neife
)
be
non-suited
,
he
shall
not
have
again
in
his
life
time
any
other
(
Nativo
habendo
)
but
the
Villaine
by
that
is
infranchised
during
her
life
time
,
6
Ed.
2.
tit
.
Villainage
26.
See
,
19
Edw.
2.
Tit.
31.
If
the
Lord
make
to
his
Villaine
an
obligation
,
or
grant
to
him
an
anuity
,
or
let
to
him
by
Deed
for
yeares
,
or
make
to
him
a
Feoffment
and
Livery
and
seisin
,
he
is
infranchised
,
otherwise
it
●s
if
he
makes
to
him
a
Lease
at
will
,
or
a
Feoffment
and
no
Livery
,
Littleton
fol.
45.
By
Wilby
,
if
the
Lord
infeoffs
his
Villaine
without
Deed
,
he
is
not
infranchised
,
24
Ed.
3.
tit.
32.
Villaine
to
two
Coparceners
,
he
marries
one
of
them
,
yet
he
is
not
infranchised
against
the
other
,
coparcener
,
Fitzh
.
f.
197.
N.
If
a
Copy-hold
escheat
,
or
come
to
the
Lord
by
forfeiture
,
and
the
Lord
grants
that
over
by
Copy
to
J.
S.
his
Villaine
and
to
his
heires
,
to
hold
at
the
will
of
the
Lord
,
according
to
the
custome
of
the
Mannor
,
by
the
services
due
and
used
to
be
paid
,
this
is
an
infranchisement
,
but
if
a
Copy-holder
surrender
into
the
hands
of
the
Lord
to
the
use
of
J.S.
the
Lords
Villaine
and
to
his
heires
,
and
the
Lord
by
his
Steward
grant
to
him
Seisin
by
the
rod
accordingly
,
this
is
no
infranchisement
.
How
the
Lord
may
take
advantage
of
things
which
he
hath
by
his
Villaine
,
by
act
of
his
Villaine
.
MAnnor
to
which
a
Villaine
is
regardant
,
is
let
to
one
for
life
,
and
the
Villaine
purchase
in
fee
,
the
Tenant
for
life
enters
,
he
shall
have
lands
to
him
and
to
his
heires
for
ever
,
Perk.
f.
20.
If
a
Villaine
be
granted
to
one
for
Life
,
and
the
Villaine
purchase
in
fee
,
the
Lessee
enters
,
he
shall
have
Fee
,
but
if
the
Lord
be
Lessee
for
life
,
and
the
Tenancy
escheat
,
he
shall
not
have
that
but
for
life
,
Doctor
and
Student
fol.
90.
If
Lessee
for
yeares
of
a
Mannor
,
to
which
a
Villaine
is
regardant
dies
,
and
the
Villaine
purchase
Lands
,
and
the
Executor
of
the
Lessee
enter
,
he
shall
have
the
Land
in
fee
but
it
shall
be
to
the
use
of
the
Testator
,
Doctor
and
Student
f.
90
Where
a
Parson
hath
a
Villaine
,
which
purchases
lands
and
the
Parson
enters
,
he
shall
not
have
that
to
the
use
of
himself
,
but
in
the
right
of
his
Church
,
32
H.
8.
tit
.
Villainage
46.
Where
a
Villaine
is
infeoffed
with
warranty
,
the
Lord
may
rebut
by
that
,
if
it
were
discended
in
possession
of
the
Villaine
,
but
not
vouch
to
have
in
value
,
18
Ed.
3.
f.
29.
&
22
Book
of
Ass.
37.
If
a
Villaine
and
his
Wife
purchase
joyntly
in
Fee
,
and
the
Lord
enters
in
the
half
,
as
he
may
,
he
shall
have
it
,
but
if
he
do
not
enter
,
but
the
Husband
dies
,
the
wife
shall
have
all
by
the
Survivor
,
and
the
Lord
hath
lost
his
advantage
to
have
the
moity
.
A
bridg
of
ass.
fol.
37.40
.
assis
.
7.
If
a
Villain
be
bound
in
a
statute
,
and
before
the
day
incurred
,
his
Lord
enters
,
the
Lord
shall
have
such
advantage
that
execution
shall
not
be
sued
against
him
,
18.
Ed.
3.
Tit.
Execution
Statham
.
If
my
villain
purchase
Land
,
and
I
seise
it
,
and
the
villain
dies
,
yet
the
wife
of
the
villain
shall
be
endowed
,
by
Herl
.
13.
Ed.
3.74
.
Statham
19.
Ed.
2.
Waste
.
And
in
so
much
that
you
ought
to
inquire
,
if
any
Farmer
which
hath
part
of
the
Demesnes
of
your
Lordship
,
hath
made
wast
,
or
any
Copy-holder
,
(
unlesse
by
the
Custom
of
the
Mannor
he
may
make
wast
)
if
any
of
them
have
made
wast
or
not
.
First
let
us
see
what
is
wast
in
Land
,
and
to
be
punished
,
and
what
not
.
IT
is
not
wast
to
suffer
the
arable
Land
to
lie
fresh
,
so
that
it
is
full
of
thorns
,
Fitz.
fol.
59.
N.
2.
H.
6.
fol.
11.
To
suffer
a
Meadow
to
be
drowned
which
is
rushie
or
little
worth
,
or
arable
land
to
be
drowned
,
that
nothing
remains
but
tough
Clay
;
this
is
wast
,
20.
H.
6.
fol.
1.
15.
H.
3.
Tit.
131.
Wast
was
brought
for
making
meadow
arable
,
by
Plowd.
2.
and
it
seems
it
lies
.
If
a
Farmer
plough
meadow
,
it
is
wast
,
Fitzh
.
fol.
59.
N.
and
15.
H.
3.
tit.
131.
the
same
,
12.
H.
8.
If
a
Farmer
do
not
repair
banks
of
his
Land
in
Lease
,
by
which
the
Land
is
drowned
,
or
if
he
dig
for
Copper
or
Stone
,
or
Coals
,
it
is
wast
,
Fitzh
.
fol.
59.
N.
20.
H.
6.
fol.
1.
Wast
lies
against
a
Farmer
,
for
fish
in
a
Poole
,
6.
R.
2.
Statham
.
If
there
be
a
Myne
in
the
Land
,
if
the
Farmer
dig
the
Land
,
and
take
it
,
it
is
wast
,
9.
Ed.
4.
fol.
35.
B.
Raising
up
a
Furnace
fixed
,
is
wast
,
42.
Ed.
3.
fol.
6.
What
is
wast
in
houses
,
to
be
punished
,
and
what
not
.
IF
a
house
be
uncovered
by
suddain
tempest
,
it
is
not
wast
;
but
if
the
Lessee
suffer
that
to
be
uncovered
,
that
the
timber
rot
,
it
is
wast
,
and
if
the
house
fall
by
suddain
tempest
it
is
no
wast
,
12.
H.
4.
fol.
4.33
.
H.
6.
Tit.
155.
B.
By
Danby
and
Choke
.
If
strangers
,
enemies
of
the
King
destroy
a
house
,
or
that
it
be
blowen
down
by
suddain
tempest
,
wast
lies
not
;
contrary
where
it
was
by
enemies
,
traitors
,
subjects
,
12.
H
8.
fol.
1.
See
the
time
of
Ed.
1.
tit.
123.
where
it
was
burnt
by
I.
S.
his
Neighbour
by
mischance
.
It
seems
that
not
covering
of
a
house
is
no
wast
,
till
the
great
beam
of
that
is
rotten
,
10
H.
7.
fol.
2.
B.
It
seems
wast
may
be
assigned
,
in
breaking
a
stone-wall
,
and
also
in
a
mud-wall
,
for
that
it
is
fixt
to
the
free-hold
.
But
the
Lessee
may
plead
that
the
lessor
licensed
him
to
break
it
down
,
and
this
is
a
good
barre
.
And
adjudged
that
if
a
house
be
not
.
covered
at
the
time
of
the
Lease
made
,
the
Lesse
is
not
bound
to
cover
that
:
and
also
if
a
house
were
curious
at
the
time
of
the
Lease
made
,
that
is
a
good
barr
to
plead
in
wast
,
10
H.
7.
fol.
2.
B.
40
assis
.
22.
the
same
,
and
10
H.
7.
fol.
5.
the
same
where
a
house
falls
by
tempest
,
though
the
lessee
Covenant
to
repair
it
,
he
may
plead
in
barr
in
a
writ
of
wast
,
that
it
fell
by
tempest
,
though
he
cannot
plead
it
in
a
writ
of
Covenant
,
40.
Ed.
3.
fol.
6.
If
a
Farmer
build
a
house
,
where
there
was
none
before
the
Lease
,
and
suffers
that
to
decay
,
it
is
wast
,
11
Ed.
2.
Statham
,
12
H.
4.
fol.
6.
the
same
,
42
Ed.
3.
fol.
21.
the
same
,
&
17.
Ed.
2.
tit.
118.
the
same
.
If
wast
in
a
house
be
repaired
,
hanging
the
writ
of
wast
,
it
is
not
to
purpose
;
but
if
it
were
repaired
before
a
writ
purchased
,
it
is
otherwise
,
38.
Book
of
Assis.
1.
21.
H.
7.
fol.
26.
by
Kingsmill
,
and
not
denyed
,
that
a
furnace
fixed
by
a
Farmer
,
and
not
to
the
walls
,
Posts
,
and
such
like
,
by
him
fixed
,
and
taken
away
within
his
tearm
,
is
no
wast
,
for
the
house
is
not
impaired
.
But
where
Tenant
in
Fee
fixes
a
furnace
in
the
midst
of
the
house
,
the
Heire
shall
have
it
,
and
not
the
Executors
:
the
same
Law
if
a
Fat
fixt
in
a
Brew-house
.
34
Ed.
3.
Tit.
3.
where
a
house
falls
by
great
wind
or
tempest
,
it
seems
the
lessor
shall
have
the
great
Timber
,
for
that
is
not
wast
,
and
the
lessee
shall
not
build
that
,
11
H.
4.
fol.
21.
9
H.
6.
fol.
52.
Lease
to
a
woman
unmarried
which
takes
a
Husband
,
which
builds
a
house
and
dies
,
the
woman
shall
be
charged
with
that
in
wast
,
47.
book
of
Ass.
22.
If
Posts
of
a
house
be
and
the
rest
is
fallen
,
if
the
Guardian
take
away
the
Posts
it
is
no
wast
;
for
it
is
no
house
when
it
is
not
walled
nor
covered
,
and
if
one
take
away
a
frame
of
a
house
which
was
newly
built
and
never
covered
,
it
is
no
wast
.
What
is
wast
punishable
in
woods
,
and
what
not
.
IF
a
stable
were
ruinous
,
at
the
time
of
the
Lease
and
falls
,
the
lessee
may
cut
trees
,
and
make
a
new
house
;
but
if
no
house
were
there
before
,
he
cannot
cut
Trees
to
make
a
new
house
,
as
it
seems
11
H.
4.
fol.
32.
The
farmer
may
cut
trees
to
amend
his
house
,
and
make
reparations
;
but
if
the
house
be
decayed
by
the
default
of
the
farmer
,
then
if
he
cut
trees
to
repair
that
,
it
is
wast
,
Fitz.
59.
K.
Cutting
of
dead
wood
by
a
Termor
is
no
waste
.
And
if
a
man
cut
wood
to
burn
,
where
he
hath
dead
wood
sufficient
,
that
is
wast
,
and
it
is
no
wast
to
cut
seasonable
wood
,
which
is
used
to
be
cut
every
20.
years
,
or
within
that
time
,
Fitzh
.
fol.
59.
M.
It
was
agreed
that
young
Oaks
of
the
age
of
20.
yeares
,
nor
under
20.
yeares
,
could
not
be
cut
by
a
Farmer
for
years
,
nor
for
life
,
for
they
may
be
Timber
,
and
by
this
cutting
they
will
never
grow
to
be
Timber
:
time
of
H.
8.
tit.
334.
b.
see
11.
H.
6.
fol.
1.
cutting
Willowes
within
the
view
and
sight
of
a
Mannor
,
is
wast
.
40.
Ed.
3.
fol.
15.
B.
Cutting
of
Hazels
which
do
not
grow
under
great
Trees
,
but
in
a
quarter
of
a
wood
is
wast
,
40.
Ed.
3.
fol.
25.
b.
10.
H.
7.
fol.
2.
the
same
,
Fitz.
fol.
6.
E.
the
same
.
Cutting
under
wood
is
no
wast
,
but
barking
them
that
they
do
not
grow
again
is
wast
.
42.
Ed.
3.
fol.
6.
A
man
cannot
assign
wast
in
cutting
young
Oaks
,
that
is
of
the
age
of
7.
or
8.
yeares
,
13.
H.
7.
fol.
21.
by
Brian
,
contrary
before
the
time
of
H.
1.
Cutting
within
the
age
of
eight
and
ten
yeares
of
young
Oaks
is
wast
,
because
they
can
never
come
to
be
Timber
Ed.
46.
tit
.
13
Young
Oaks
of
the
age
of
twenty
yeares
and
under
,
Farmer
may
cut
,
and
it
is
not
wast
,
but
Martin
saith
,
that
is
in
a
Country
where
there
is
plenty
of
Wood
,
if
Oakes
passe
the
age
of
twenty
yeares
they
cannot
be
cut
as
seasonable
for
house-boote
,
but
by
Martin
,
Wrang-lands
of
the
age
of
twenty
yeares
,
which
can
never
be
Timber
,
cutting
of
them
for
firing
is
no
wast
,
11
H.
6.
fol.
1
by
the
Court.
Oakes
of
the
age
of
sixteen
yeares
may
be
cut
for
fuell
,
for
that
they
are
but
falling
Woods
,
21
H.
6.
fol.
53.
by
Newton
.
4
Ed.
3.
f.
22.
Journey
to
Darby
,
fol.
If
a
man
make
wast
in
a
Mill
,
and
cut
Trees
to
mend
it
,
this
cutting
is
waste
,
12
Ed.
3.
tit
.
28.
Wast
,
He
cannot
cut
the
Trees
to
cover
the
Houses
,
and
sell
away
the
old
Timber
.
Cutting
small
Trees
and
selling
them
away
is
wast
,
but
a
Farmer
may
cut
them
to
make
reparations
upon
the
same
Land
let
,
but
not
to
repaire
other
Land
,
cutting
young
Samples
within
the
age
of
ten
yeares
seasonable
,
for
house-boot
is
no
wast
,
but
where
they
were
of
the
age
of
twenty
yeares
,
and
able
to
make
great
Timber
is
wast
,
7
H.
6.
f.
40.
Termor
may
take
small
Trees
and
such
like
,
which
are
seasonable
,
which
have
been
used
to
be
felled
every
20
,
16.
14
,
or
12.
yeares
,
and
is
no
wast
:
For
it
is
called
falling
wood
,
4
Ed.
6.
tit.
136.
Where
Oakes
are
cut
,
and
suffering
the
Springs
to
be
eaten
with
Beasts
that
they
will
not
be
Timber
afterwards
but
shrubs
,
it
is
wast
,
11
H.
6.
f.
1.
One
may
assigne
wast
in
a
hundred
Oaks
cut
,
and
also
in
the
Stocks
of
the
same
Oaks
,
that
is
in
springs
growing
upon
the
same
Oakes
,
for
if
so
be
they
were
saved
they
would
be
Timber
,
and
for
that
,
that
they
are
not
,
it
is
wast
,
22
H.
6.
f.
14.
Cutting
green
wood
,
where
there
is
dead
wood
for
firing
,
is
wast
,
23
Ed.
3.
tit.
32.
Cutting
Sances
is
no
wast
,
8
Ed.
2.
tit.
111.
Cutting
Wood
to
burn
where
there
is
dead
wood
sufficient
is
wast
,
but
not
wast
to
cut
seasonable
wood
which
is
used
to
be
cut
every
twenty
yeares
,
or
within
the
time
,
Fitzh
.
f.
59.
M.
Cutting
white
Thorn
is
wast
,
and
not
black
Thorn
,
46
Ed.
3.
f.
17.
But
see
,
9
H.
6.
f.
10.
What
wast
in
Gardens
is
punishable
,
and
what
not
.
WHere
Apple
Trees
fall
with
great
winde
,
and
after
become
dry
,
the
Termor
may
take
them
for
Fuell
,
7
H.
6.
f.
40.
Cutting
Apple
Trees
which
have
fallen
upon
Props
,
and
bear
Fruit
,
is
wast
,
44
Ed.
3.
f.
44.
Cutting
Apple
Trees
and
Plum
Trees
is
wast
,
10
H.
7.
fol.
2.
If
a
house
and
wood
are
let
,
he
cannot
cut
Apple
trees
to
amend
the
House
if
he
have
Wood
,
for
if
he
do
it
is
wast
,
time
Ed.
1.
Title
122.
For
what
wa
st
Termor
shall
be
punished
,
and
for
what
not
.
IF
a
Termor
for
life
make
wast
,
and
after
surrender
his
estate
,
and
the
Lessor
accept
it
,
the
Termor
shall
not
be
punished
for
that
wast
,
Natura
brevium
f.
36
B.
14
H.
8.
fol.
111.
By
Pollard
,
but
see
8
H.
5.
fol.
8.
If
a
stranger
make
wast
upon
the
Land
which
one
holds
for
life
or
for
yeares
,
the
Farmer
shall
be
punished
for
this
wast
,
5
H.
4.
f.
3.
and
3
H.
6.
fol.
17.
B.
If
a
Lessor
himself
make
wast
the
Termor
shall
not
be
punished
for
that
wast
,
5
H.
4.
f.
3.
If
a
stranger
make
waste
upon
the
Land
in
ward
,
the
Guardian
in
Socage
shall
not
be
punished
for
this
waste
,
Fitzh
.
f.
60.
G.
Where
waste
is
made
by
Enemies
,
or
Tempest
,
the
Termor
is
not
punishable
for
his
waste
,
Fitzh
.
f.
59.
L.
If
a
Termor
make
waste
before
that
he
attorn
,
he
shall
not
be
punished
for
that
waste
,
48
Ed.
3.
f.
15.
If
a
Lessor
covenant
to
deliver
great
Timber
of
the
said
Land
to
repair
the
House
let
,
and
will
not
,
and
for
lack
of
that
the
Lessee
will
not
repair
that
,
but
suffers
the
House
to
fall
,
he
is
punishable
for
this
waste
:
but
if
the
great
Timber
were
to
be
taken
from
other
Land
,
and
is
not
delivered
,
this
excuses
him
,
and
he
is
not
punishable
for
this
waste
,
44
Ed.
3.
f.
21.
If
Land
be
let
to
a
lone
Woman
,
and
she
takes
a
Husband
which
makes
waste
and
dies
,
she
shall
be
punished
for
that
waste
;
but
if
the
Lease
were
made
to
the
Husband
and
his
Wife
,
and
he
makes
the
waste
and
dies
,
for
that
waste
she
shall
not
be
punished
,
Nat.
brev.
f.
36.
B.
3
Ed.
3.
Tit.
20.
Register
,
f.
72.
against
the
Husband
and
the
Wife
,
summoned
B.
and
E.
his
Wife
,
that
they
be
,
&c.
to
shew
why
they
made
waste
,
&c.
of
Lands
,
&c.
which
they
held
for
the
Dower
of
the
said
E.
Register
,
fol.
74.
against
a
Woman
,
Summon
B.
which
was
the
Wife
of
C.
that
she
be
,
&c.
to
shew
wherefore
,
&c.
of
the
Houses
,
&c.
which
she
holds
for
her
life
,
by
a
Lease
,
which
D.
thereof
made
to
the
said
B.
and
the
aforesaid
C.
sometime
her
Husband
,
and
to
the
Heirs
of
the
said
C.
14
H.
8.
f.
12.
When
the
terme
of
years
is
ended
,
the
Writ
shall
be
which
he
held
,
and
where
it
is
during
the
terme
,
shall
be
which
he
holdeth
:
40
Ed.
3.
f.
23.
Where
the
terme
passes
,
and
where
the
Infant
is
of
full
age
,
it
shall
be
against
the
Guardian
and
Termor
,
which
they
held
.
41
Ed.
3.
fol.
23.
Against
Tenant
for
life
the
forme
is
,
which
he
holds
for
terme
of
his
life
,
40
Ed.
3.
f.
33.
14
H.
6.
f.
14.
the
same
.
46
Ed.
3.
f.
25.
If
a
Lease
be
made
to
one
for
life
,
which
grants
over
his
Estate
,
the
Writ
shall
say
,
(
which
he
holds
)
but
where
a
Lease
is
made
for
anothers
life
,
and
he
for
whose
life
dies
,
the
Writ
shall
say
,
(
he
held
)
by
Finchden
,
and
not
denied
.
And
if
a
Lease
be
made
to
a
woman
for
years
,
which
takes
a
Husband
,
before
the
terme
ended
,
which
makes
waste
,
and
the
Wife
dies
,
waste
lies
against
the
Husband
for
the
occupation
.
See
Brook
,
Tit.
47.
The
same
Law
where
a
Lease
was
to
the
Woman
for
life
,
which
takes
a
Husband
,
&c.
Nat.
Brev.
f.
36.
If
Land
be
let
to
a
single
Woman
,
and
she
take
a
Husband
,
and
the
Husband
makes
waste
,
and
dies
,
the
Wife
shall
answer
for
this
waste
;
but
otherwise
it
is
where
the
Land
is
let
to
the
Husband
and
his
Wife
,
for
terme
of
their
two
lives
,
and
the
Husband
makes
waste
,
and
dies
,
the
wife
shall
not
answer
for
that
waste
,
for
it
was
the
folly
of
the
Lessor
to
let
that
to
him
,
15
H.
3.
Tit.
133.
Fitzh
.
Time
of
Ed.
1.
Tit.
128.
Fitzh
.
If
a
woman
Tenant
for
life
take
a
husband
which
makes
waste
and
dies
,
it
seems
that
the
woman
shall
be
charged
of
that
,
for
that
,
that
the
woman
agreed
to
the
Lease
after
the
death
of
her
husband
,
10
E.
3.
Tit.
17.
&
Tit.
21.
&
133.
23
H.
8.
Tit.
138.
If
a
single
woman
Tenant
for
life
takes
a
husband
which
makes
waste
and
dies
,
Action
of
waste
lies
against
the
wife
;
but
if
a
Lease
be
made
to
the
husband
and
the
wife
,
and
the
husband
makes
waste
and
dies
,
it
is
otherwise
,
and
held
there
for
Law
,
that
if
the
Termor
make
waste
,
and
make
his
Executors
,
and
dies
,
the
Action
of
waste
is
gone
,
for
it
is
as
a
Trespasse
which
is
a
personal
Action
which
dies
with
the
person
,
but
if
the
Executors
make
the
waste
,
it
lies
against
them
:
Fitzh
.
f.
56.
A.
If
a
Guardian
in
Knight-service
grant
over
his
Estate
,
and
the
Grantee
makes
waste
,
the
writ
of
waste
shall
be
brought
against
the
Grantee
,
and
not
against
the
Guardian
,
but
if
the
Guardian
make
waste
,
and
after
grant
over
his
Estate
,
waste
lies
against
the
Guardian
,
and
not
against
the
Grantee
:
and
so
where
Tenant
for
life
,
or
for
years
,
makes
waste
,
and
grants
over
his
Estate
,
the
writ
of
waste
lies
against
him
that
made
the
waste
,
but
waste
shall
be
alwayes
brought
against
Tenant
in
Dower
,
or
Tenant
by
the
Curtesie
,
notwithstanding
their
Grant
over
,
Fitzh.
550.
Register
,
fol.
72.
40
Ed.
3.
Tit.
33.
Waste
against
Tenant
for
life
,
it
is
no
Plea
to
say
,
that
he
had
nothing
in
the
Tenancy
,
Day
of
the
writ
purchased
,
nor
ever
after
;
for
if
he
hath
made
waste
,
and
granted
his
Estate
over
,
yet
he
shall
answer
for
this
waste
,
and
though
the
writ
be
.
(
which
he
holdeth
)
it
is
good
;
and
by
Finchden
,
waste
is
a
writ
of
Trespasse
in
his
nature
,
and
cannot
be
brought
but
against
him
which
is
Tenant
when
the
waste
was
made
,
unlesse
he
be
Tenant
by
the
curtesie
,
or
Tenant
in
Dower
,
41
Ed.
3.
fol.
23.
&
44
Ed.
3.
fol.
21.
Fitzh
.
55.
C.
In
waste
against
Tenant
in
Dower
,
the
Statute
need
not
be
rehearsed
,
nor
in
waste
against
Guardian
,
but
against
Tenant
for
life
,
or
for
years
,
by
Demise
,
shall
be
rehearsed
.
Fitzh
.
56.
C.
In
waste
against
Tenant
by
the
curtesic
without
rehearsing
the
Statute
,
that
is
,
without
,
when
of
the
common
Councel
of
our
Kingdome
of
England
,
it
is
good
,
and
so
it
seems
it
is
,
if
it
be
rehearsed
.
Every
writ
of
waste
is
to
the
dis-inheriting
of
him
which
brought
the
writ
,
and
for
that
it
shall
be
shewed
in
the
writ
,
though
the
Plaintiff
hath
Reversion
by
the
Assignement
of
the
Lessor
.
Fitzh
.
58.
A.B.C.D.E.
Register
,
74.
&
75.
And
the
writ
of
waste
is
of
me
,
that
is
,
the
Plaintiff
holds
,
and
for
that
it
is
shewed
,
by
Assignement
,
as
46
Ed.
3.
f.
25.
Waste
by
the
Assignement
of
the
Defendant
,
Dd.
that
you
have
it
by
Assignement
,
and
the
Plaintiff
shews
that
he
had
a
Feoffment
and
Livery
,
saving
the
terme
,
and
good
.
Also
it
shall
be
shewed
in
the
writ
of
whose
Demise
the
Defendant
hath
it
,
that
is
,
as
by
the
Demise
of
another
.
Fitzh
.
57.
A.B.C.D.E.
Register
,
745.
that
is
,
for
the
Plaintiff
is
to
recover
the
place
wasted
,
34
H.
6.
fol.
6.
Tit.
Waste
Brook
121.
11
H.
6.
f.
8.
If
waste
or
(
Quare
ejecit
infra
terminum
)
be
brought
,
and
the
terme
ends
,
hanging
the
writ
,
the
writ
shall
not
abate
;
for
though
he
cannot
recover
the
place
wasted
,
he
shall
recover
Damages
.
Also
if
waste
be
brought
(
Quas
tenuit
)
after
the
terme
ended
,
he
shall
recover
Damages
,
though
he
do
not
recover
the
place
wasted
.
So
where
one
which
holds
for
terme
of
anothers
life
makes
waste
,
and
after
he
for
whose
life
dies
,
the
Lessor
shall
recover
Damages
,
though
he
do
not
recover
the
place
wasted
,
Fitzh.
60.
10
H.
6.
fol.
8.
Waste
,
supposed
,
by
the
writ
that
the
Defendant
hath
that
by
Legacy
of
one
such
ancester
of
the
Plaintiff
,
for
that
,
that
the
custome
was
so
that
he
might
devise
,
and
good
.
8
Ed.
2.
tit.
112.
Waste
was
found
in
a
House
,
which
was
principal
,
and
the
Plaintiff
by
Award
recovered
all
the
House
.
15
H.
7.
fol.
11.
By
Fineux
,
where
a
Farmer
of
a
Wood
makes
waste
in
one
corner
,
this
onely
is
forfeited
;
but
if
it
be
in
divers
places
of
the
Wood
,
all
is
forfeited
,
and
the
plots
in
this
also
,
15
Ed.
3.
Tit.
108.
See
the
time
of
Ed.
1.
Tit.
122
:
Waste
against
Guardian
.
4
Ed.
6.
Tit.
136.
By
Bromley
,
if
a
man
make
waste
in
hedge-rowes
,
which
inclose
a
Pasture
,
nothing
shall
be
recovered
but
the
place
wasted
,
that
is
,
the
circuit
of
the
Root
,
and
not
the
whole
Pasture
,
41
Ed.
3.
Tit.
24.
B.
Fitzh
.
60.
T.
If
a
Guardian
make
waste
,
and
the
Heir
being
within
age
,
bring
a
writ
of
waste
,
by
this
the
Guardian
shall
loose
the
Wardship
,
and
over
that
his
Damages
,
to
as
much
as
the
waste
amounts
unto
.
But
if
the
Heir
were
of
full
age
,
that
he
looseth
not
the
Wardship
,
then
he
ought
to
recover
treble
Damages
,
for
that
that
he
cannot
loose
the
Wardship
,
according
to
the
Statute
of
Glocester
.
43
Ed.
3.
f.
6.
Waste
,
it
is
a
good
Plea
in
Barr
,
that
the
House
fell
by
Tempest
,
and
if
he
covenant
to
repair
that
,
it
is
no
plea
in
Covenant
.
49
Ed.
3.
fol.
1.
Waste
,
it
is
a
good
Plea
,
that
at
the
time
of
the
Lease
,
that
the
house
was
weak
,
and
that
the
great
Timbers
were
rotted
,
that
it
fell
;
for
if
any
the
principal
Timbers
were
rotten
,
it
is
no
waste
,
though
he
covenant
to
repair
it
.
8
H.
6.
f.
57.
Waste
,
it
is
a
good
Plea
,
that
the
Plaintiff
hath
entered
into
the
Land
,
before
which
Entry
,
no
waste
made
.
8
H.
5.
f.
8.
Waste
,
it
is
a
good
Plea
,
that
he
surrendred
,
to
which
the
Plaintiff
agreed
,
before
that
no
waste
made
.
9
H.
6.
f.
11.
Waste
by
the
Heir
is
a
good
Plea
,
that
the
Plaintiff
hath
an
elder
Brother
which
survived
the
Plaintiff
,
and
after
died
,
after
whose
Death
no
waste
made
,
and
a
good
Plea
.
44
Ed.
3.
f.
27.
Waste
against
a
Guardian
in
Knight-service
,
who
saith
,
that
after
the
Death
of
the
Ancestor
,
J.
F.
(
abated
)
against
whom
the
Defendant
recovered
in
a
Writ
of
Ward
,
after
which
Recovery
no
waste
made
,
and
it
is
a
good
Plea
.
12
H.
4.
f.
6.
Waste
,
it
is
a
good
Plea
,
that
that
fell
before
the
Lease
.
19
H.
6.
fol.
66.
Waste
,
that
he
suffered
the
House
to
be
uncovered
,
by
which
the
great
Timber
rotted
;
it
is
no
Plea
to
say
,
Day
of
the
Writ
purchased
,
the
House
was
sufficiently
repaired
;
but
to
say
,
after
the
waste
,
and
before
the
Writ
purchased
,
it
was
sufficiently
repaired
.
8
H.
6.
fol.
61.
Waste
,
held
where
Land
is
given
to
the
Husband
and
the
Wife
,
and
the
Heirs
of
the
Wife
,
and
the
Husband
discontinues
in
Fee
,
and
takes
an
Estate
for
life
,
and
the
Wife
dies
,
the
Heir
of
the
Wife
shall
not
have
waste
,
before
that
he
hath
purged
the
Discontinuance
,
8
H.
6.
f.
63.
Fitzh
.
59.
E
:
The
heir
within
age
shall
have
a
writ
of
waste
,
against
a
Guardian
in
Socage
,
2
Ed.
2.
Fitzh
.
the
same
,
Nat.
bre.
.
58.
If
a
Guardian
in
Socage
make
waste
,
the
Heir
when
he
cometh
to
full
age
,
shall
have
an
action
of
account
for
that
.
14
Ed.
3.
tit.
107.
It
seems
that
waste
lies
against
a
Guardian
in
Socage
,
tit.
100.
Fitzh
.
Fitzh
.
58.
H.
There
is
a
writ
of
waste
in
the
Register
,
for
him
in
reversion
,
against
tenant
by
Elegit
,
which
hath
the
Lands
in
execution
,
but
it
seems
he
shall
not
have
waste
,
for
that
,
that
he
may
have
a
venire
facias
to
account
,
and
there
the
waste
shall
be
recompenced
in
the
debt
,
but
by
the
action
of
waste
,
he
shall
recover
treble
damages
,
which
he
shall
not
have
in
the
account
.
Nat.
Bre.
fol.
37.
waste
doth
not
lie
against
tenant
by
Elegit
,
nor
against
tenant
by
Stat.
Merchant
;
but
if
they
make
waste
account
lies
,
42
Ed.
2.
tit.
11.
fol.
If
a
Lease
be
made
to
one
to
use
it
in
the
best
way
that
he
can
,
now
he
cannot
make
waste
.
17
E.
3.
tit.
101.
If
a
Lease
be
made
to
one
,
so
that
he
may
make
his
profit
of
that
,
&c.
yet
it
shall
not
be
intended
,
such
as
common
right
gives
him
;
for
he
cannot
pull
down
abouse
and
make
waste
.
Action
upon
the
Case
.
Action
upon
the
case
in
Court
baron
,
and
other
Court
,
and
first
for
slander
.
IT
lies
for
calling
one
traytor
,
felon
,
and
robber
of
the
Kings
people
,
and
that
is
to
be
noted
in
Iustice
Seatons
case
,
30.
Ass.
19.
22.
Book
of
ass.
43.
presentment
,
that
one
a
is
common
Malefactor
,
or
a
common
thief
,
or
a
common
Baretor
,
is
not
certain
,
and
is
not
good
;
and
so
it
is
thought
by
divers
,
to
say
that
one
is
a
common
malefactor
,
or
a
common
baretor
:
this
action
doth
not
lie
,
for
it
is
too
general
.
2
Ed.
4.
fol.
5.
For
calling
one
villain
,
it
seems
that
action
upon
the
case
doth
not
lie
.
17
Ed.
4.
fol.
3.
Saith
there
,
that
an
action
upon
the
case
doth
not
lie
,
for
calling
the
Plaintiff
villain
without
more
.
Nat.
Bre.
fol.
55.
There
are
two
desamations
or
slanders
,
the
one
spiritual
,
the
other
temporal
:
temporal
where
he
cannot
be
punished
by
the
spiritual
Law
,
as
to
say
that
the
Plaintiff
is
out-lawed
of
murder
,
conspiracy
,
forging
of
deeds
,
&c.
30
H.
8.
tit.
104.
Lyeth
for
calling
the
Plaintiff
perjured
man
;
for
now
perjury
is
punishable
in
our
Law
by
the
Statute
of
5.
Eliz.
yet
inquire
,
for
that
it
is
not
in
what
Court
or
cause
he
was
perjured
.
Register
fol.
54.
For
calling
the
Plaintiff
Adulterer
or
Usurer
,
Defendant
shall
be
punished
in
the
spiritual
Court
,
and
there
doth
not
lie
an
action
upon
the
case
.
4.
Ed.
6.
tit.
112.
Lies
for
calling
the
Plaintiff
a
false
Justice
of
Peace
.
27
H.
8.
fol.
13.
It
lies
for
calling
the
Plaintiff
theif
,
and
inditing
him
of
felony
,
and
note
the
words
of
the
writ
are
,
that
he
is
hurt
in
his
goods
,
his
name
,
fame
,
and
condition
.
26.
H.
8.
fol.
11.
For
calling
the
Plaintiff
Thief
,
and
saying
that
he
hath
stolen
sheep
of
one
I.
S.
It
lies
.
17
Ed.
4.
fol.
3.
Lies
for
writing
slander
in
a
paper
,
by
which
he
durst
not
go
about
his
business
.
27.
H.
8.
fol.
17.
For
calling
the
Plaintiff
Heretick
,
and
one
of
a
new
learning
,
it
doth
not
lie
.
Book
of
entries
fol.
●2
.
A
president
there
,
in
an
action
of
the
case
,
for
calling
the
Plaintiff
false
man
;
but
inquire
if
it
lies
,
for
there
was
not
there
exception
taken
:
and
there
is
there
another
president
for
calling
the
Plaintiff
theif
,
and
saying
he
hath
received
20
l.
value
of
his
goods
.
In
the
Book
of
Entries
,
fol.
13.
there
is
another
president
of
an
action
upon
the
case
,
that
a
certain
Letter
or
Bill
,
with
divers
slandering
words
,
and
defaming
,
in
the
said
Bill
or
Letter
he
caused
to
be
writ
.
It
was
the
opinion
in
the
Kings
Bench
,
that
for
calling
the
Plaintiff
Rogue
,
Cozener
,
or
villain
,
action
upon
the
case
doth
not
he
;
for
you
shall
not
have
action
upon
the
case
,
for
every
word
of
anger
reproachful
;
for
it
is
said
,
that
(
Scandulum
)
is
a
Greek
word
,
which
goes
to
the
overthrowe
of
one
,
and
for
that
it
hath
been
thought
,
that
if
the
words
intend
to
the
destruction
of
the
Plaintiff
,
that
he
shall
have
an
action
upon
the
case
,
and
for
that
where
the
Defendant
saith
,
that
the
Plaintiff
was
infected
with
the
robbery
of
Jerom
,
H.
and
smels
of
it
,
the
opinion
was
,
that
action
upon
the
case
for
those
words
doth
not
lie
.
Adjudged
in
London
,
that
an
action
upon
the
case
lies
brought
by
Huson
,
Inholder
,
for
that
the
Defendant
said
falsely
,
that
he
had
buryed
divers
which
died
of
the
Plague
,
in
his
house
,
in
his
Garden
,
when
the
plague
was
not
in
his
house
,
by
which
his
guests
refused
to
come
to
his
house
.
Also
it
was
the
opinion
of
the
Kings
Bench
,
that
an
action
upon
the
case
doth
not
lie
,
for
calling
the
Plaintiff
false
knave
.
Essex
in
the
Kings
Bench
Roll.
149.
Hill
.
Terme
,
26.
Eliz.
Rich.
Kerby
Gentlemen
,
brought
his
action
upon
the
case
against
John
Waller
,
for
saying
these
words
,
that
is
,
thou
Kirby
art
a
false
cozening
knave
,
and
hath
falsely
cozened
my
two
Kinsmen
,
William
Walker
,
and
Thomas
Walker
,
Brothers
of
the
said
William
,
of
Lands
worth
6000
l.
the
manner
of
Py●on
in
Rameshold
,
and
I
will
bring
thee
to
stand
upon
the
Pillory
for
that
.
And
adjudgad
that
the
action
doth
not
lie
,
and
the
Jury
taxed
damages
to
a
100
l.
and
upon
that
adjudged
that
the
action
did
not
lie
.
London
,
Thomas
Gittens
Carpenter
,
Anno
26.
brought
his
action
upon
the
case
against
James
Redforne
in
the
Exchequer
,
for
saying
these
words
,
Thomas
Gittens
is
a
cozening
knave
,
and
I
have
proved
him
a
cozening
knave
before
my
Lord
Maior
of
London
,
for
selling
a
Saphir
for
a
Diamond
,
and
adjudged
that
it
doth
not
lie
.
Action
upon
the
case
upon
a
warrant
●f
a
thing
sold
,
and
upon
knowledge
without
wairant
.
ACtion
upon
the
case
lies
for
selling
corrupt
wine
,
and
the
writ
is
,
knowing
it
to
be
corrupt
,
and
warrant
is
not
to
purpose
,
for
it
is
ordained
that
none
shall
sell
corrupt
victual
,
if
he
know
it
,
and
so
the
Issue
was
,
whether
it
were
good
and
not
corrupt
.
An
action
upon
the
case
lies
for
selling
corrupt
victual
,
if
he
know
it
,
and
so
the
issue
was
,
whether
it
were
good
and
not
corrupt
,
an
action
upon
the
case
lies
for
selling
so
much
Cloth
and
not
well
fulled
,
where
he
warrants
it
,
11.
H.
6.
fol.
22.
Note
the
use
,
where
Measel
Porks
are
fold
at
Rumford
,
to
have
restitution
of
his
money
if
they
prove
Measel
,
9
H.
6.
fol.
53.
7
H.
4.
fol.
16.
Action
upon
the
case
lies
for
selling
corrupt
wine
,
knowing
,
&c.
the
Defendant
saith
,
that
he
tasted
it
,
and
accepted
it
for
good
:
the
Plaintiff
saith
,
he
accepted
it
for
good
upon
condition
,
if
he
liked
it
,
after
it
came
to
his
house
,
&c.
19
H.
6.
fol.
49.
If
one
sell
wine
without
warranty
,
if
that
be
corrupt
,
action
upon
the
case
lies
,
for
it
is
prohibited
by
law
,
7.
H.
4.
fol.
76.
13
H.
4.
fol.
2.
If
one
sell
to
me
a
Horse
apparent
blind
,
and
warrant
him
sound
of
all
his
Members
,
and
I
see
him
,
I
shall
have
no
deceit
,
for
that
I
might
see
it
,
otherwise
it
is
of
a
disease
within
his
body
,
there
upon
the
warrant
I
shall
have
deceit
.
But
if
one
sell
a
blind
horse
,
and
warrant
him
to
one
that
doth
not
see
him
,
deceit
lies
:
If
one
sells
to
me
wine
,
and
I
bid
my
Servant
to
taste
it
,
deceit
doth
not
lie
if
it
be
corrupt
,
for
that
he
hath
tasted
it
.
Fitzh
.
94.
C.
If
a
man
sell
a
horse
to
another
,
and
warrant
him
to
be
sound
and
good
,
&c.
If
the
horse
be
lame
or
diseased
,
that
he
cannot
work
,
action
upon
the
case
lies
,
And
so
if
one
bargain
and
sel
to
one
certain
Pipes
of
wine
,
and
warrant
them
to
be
good
,
and
they
are
corrupt
,
action
upon
the
case
lies
against
him
,
and
by
Fitzh
.
it
behoveth
that
he
warrant
the
horse
,
and
also
the
wine
,
otherwise
action
upon
the
case
doth
not
lie
,
inquire
of
the
wine
.
Fitzh
.
98.
K.
If
a
man
sell
Clothes
and
warrant
them
to
be
of
a
certaine
length
,
if
they
be
not
of
such
a
length
,
he
he
which
buyes
them
shall
have
a
Writ
of
Deceit
against
him
,
but
if
the
warranty
be
made
after
the
bargain
,
is
otherwise
.
11
Ed.
4.
fol.
7.
Where
one
sells
Clothes
and
warrants
them
to
be
of
such
a
length
,
and
they
are
not
,
deceit
lies
,
for
he
could
not
know
but
by
measure
,
and
he
beleeved
him
,
but
it
is
said
,
if
he
warrant
Seeds
to
grow
that
is
in
Cod
,
or
that
a
Horse
shall
carry
one
ten
miles
in
two
houres
which
is
to
come
,
or
warrant
Cloth
to
be
murrey
where
it
is
blue
and
see
it
,
deceit
doth
not
lye
,
but
if
he
warrant
Cloth
to
be
of
such
a
Country
when
it
is
not
,
deceit
lies
.
11
R.
2.
Statham
,
If
one
sell
a
Horse
,
knowing
him
to
be
lame
,
and
warrant
him
to
be
sound
,
the
Defendant
saith
that
he
sold
him
sound
,
without
that
,
that
he
warranted
him
.
31
H.
6.
fol.
11.
Statham
,
If
one
sell
a
Horse
,
knowing
him
to
be
lame
and
do
not
warrant
him
,
action
upon
the
case
doth
not
lye
.
20
H.
6.
fol.
37.
By
Paston
,
and
not
denied
,
if
a
man
sell
a
horse
which
hath
a
disease
,
the
Buyer
may
have
action
upon
the
case
,
that
the
Defendant
knowing
his
Horse
to
be
diseased
;
sold
him
,
though
he
do
not
warrant
him
to
be
sound
;
notwithstanding
it
seems
otherwise
,
where
the
Buyer
may
see
the
disease
,
by
looking
upon
him
as
a
splint
,
a
spavin
,
or
an
eye
.
9
H.
7.
f.
22.
If
one
sell
a
thing
,
and
warrant
that
at
the
same
time
,
he
may
have
deceit
,
notwithstanding
that
he
hath
not
paid
the
Money
,
for
that
,
that
he
might
have
debt
at
his
pleasure
for
the
Money
.
Action
upon
the
case
for
cosenage
and
deceiving
of
one
.
ACtion
upon
the
case
was
brought
against
W.
C.
for
that
the
Defendant
took
eight
Oxen
of
J.S.
and
offered
to
sell
them
to
the
Plaintiff
as
his
proper
Goods
,
and
by
this
salsity
the
Plaintiff
trusting
to
the
honesty
of
the
Defendant
bought
them
,
and
paid
seven
pound
,
and
after
the
owner
tooke
the
Oxen
,
by
which
the
Plaintiffe
lost
the
Oxen
by
this
falsity
to
his
wrong
and
damages
,
&c.
Book
of
Ass.
8.
20
H.
6
fol.
25.
Deceit
was
brought
,
for
that
the
Defendant
was
his
Attorney
,
and
ought
to
have
taken
an
Obligation
of
J.S.
for
a
hundred
pound
to
the
Plaintiff
,
and
he
took
it
to
himselfe
;
and
it
is
sayd
,
he
ought
to
declare
that
he
took
a
Fee
of
him
:
And
so
lyeth
an
Action
upon
the
Case
for
such
Cosenage
and
Deceits
:
Which
note
.
9
E.
4.
fol.
12.
By
Littleton
,
Debt
against
two
,
as
Executors
,
and
one
is
no
Executor
,
nor
never
administred
,
&c.
Yet
he
acknowledged
the
Action
,
and
the
other
made
default
,
the
Plaintiffe
recovers
,
the
other
hath
no
remedy
but
an
Action
of
Deceit
;
that
is
,
Upon
the
Case
,
for
he
is
party
to
the
Judgement
.
42
Ed.
3.
f.
14.
Conspiracy
in
the
nature
of
an
Action
upon
the
case
was
brought
against
three
,
which
conspired
to
make
one
of
them
Attorney
for
the
Plaintiff
,
and
to
plead
as
they
pleased
,
and
so
to
cause
the
Plaintiff
to
be
found
a
Villain
to
one
of
the
Defendants
,
and
it
lies
,
26.
Book
of
Assises
62.
47
Ed.
3.
f.
15.
Action
upon
the
case
lies
in
nature
of
a
Conspiracy
,
for
that
the
Defendant
procured
and
caused
a
false
Office
to
be
found
,
by
which
the
Mannour
of
the
Plaintiff
was
seised
into
the
Kings
hands
,
Tit.
Conspiracy
,
8.
B.
See
27.
Book
of
Assises
73.
Fitzh.
114.
D.
43
Ed.
3.
f.
20.
Deceit
,
for
that
the
Defendant
procure
J.
S.
to
bring
a
Formedon
against
the
Plaintiff
by
Collusion
,
by
which
he
was
travell
by
the
Suit
,
and
brought
a
Writ
of
Warrantia
Chartae
in
defence
of
that
,
and
it
lies
.
Where
an
Action
upon
the
Case
lies
for
a
thing
pawned
,
and
for
a
thing
borrowed
,
and
where
not
.
ACtion
upon
the
Case
doth
not
lie
,
for
riding
his
Horse
which
he
had
hired
of
the
Plaintiff
,
which
was
weary
,
so
that
he
had
no
service
of
him
by
six
Dayes
,
for
wearinesse
is
natural
after
labor
,
and
for
that
he
ought
to
shew
some
Fault
in
the
Defendant
,
if
he
will
have
that
Action
.
Fitzh
.
86.
C.
If
one
borrow
certain
Money
,
and
deliver
certain
of
his
Goods
in
pawn
for
it
,
and
he
offers
the
Money
to
the
party
again
,
and
prayes
Delivery
of
his
Pawn
,
and
the
other
refuse
it
,
he
shall
have
an
Action
upon
the
Case
for
the
Pawn
.
40
Ed.
3.
f.
6.
If
I
borrow
a
Horse
,
and
he
dies
suddenly
,
and
not
by
my
default
,
I
shall
not
be
charged
to
restore
a
dead
Horse
.
Doct.
&
Student
.
f.
29.
If
one
use
the
thing
borrowed
,
in
other
manner
then
to
what
it
was
borrowed
,
he
shall
be
charged
,
if
they
perish
in
any
manner
:
but
if
he
use
them
as
they
were
lent
,
if
they
perish
not
through
his
default
which
borrowed
them
,
the
Owner
shall
bear
the
losse
.
Doct.
&
Student
.
fol.
128.
If
a
man
borrow
a
Horse
,
and
puts
him
in
a
house
which
fals
upon
him
,
if
it
were
strong
and
not
feeble
to
fall
,
he
shall
be
discharged
,
otherwise
it
is
,
if
it
were
weak
.
21
Ed.
4.
Tit.
42.
Detinue
of
Goods
,
Br.
Detinue
of
a
Horse
,
it
is
a
good
Plea
,
that
at
the
time
of
the
Delivery
,
the
Horse
was
sick
of
divers
Diseases
,
as
Botts
,
Glanders
,
and
such
like
,
by
which
he
died
at
D.
such
a
day
and
year
,
before
request
made
by
the
Plaintiff
to
re-deliver
him
,
and
it
is
a
good
Plea
,
contrary
if
he
do
not
say
,
it
was
before
request
,
for
if
it
were
after
request
,
that
had
been
the
folly
of
the
Defendant
.
Where
Action
upon
the
Case
lies
,
or
Detinue
,
and
where
Trespass
,
and
where
not
.
IF
the
Lessor
will
not
discharge
his
Farmer
of
a
Tenth
,
or
of
a
Fifteenth
,
or
of
Quit-rent
,
which
are
due
by
the
Lessor
,
and
the
Farmer
pay
it
,
yet
he
cannot
keep
that
back
in
the
payment
of
his
Rent
,
but
shall
have
an
Action
upon
the
Case
,
21
H.
7.
f.
12.
7
H.
4.
fol.
3.
If
the
Testator
hath
my
Goods
amongst
his
Goods
,
and
dies
,
Trespasse
by
force
and
Arms
doth
not
lie
against
his
Executors
for
these
Goods
,
but
Detinue
in
an
Action
upon
the
Case
:
and
if
one
finde
my
Goods
,
Trespasse
doth
not
lie
against
him
,
but
Detinue
,
or
an
Action
upon
the
Case
.
12
Ed.
4.
f.
10.
If
one
take
my
Beasts
,
and
another
take
them
from
him
,
I
shall
not
have
Trespasse
against
the
second
,
but
Action
upon
the
Case
,
21
Ed.
4.
fol.
89.
the
same
.
13
Ed.
4.
fol.
9.
If
Goods
be
delivered
to
one
,
he
cannot
be
a
Trespassor
of
them
,
but
a
Detinue
lies
of
them
.
18
Ed.
4.
f.
28.
Where
one
hath
Goods
by
my
Delivery
,
I
shall
not
have
Trespasse
,
but
Action
upon
the
Case
,
and
Count
of
mis-using
of
them
.
46
Ed.
3.
fol.
15
Trespasse
,
if
the
Defendant
saith
,
that
the
Goods
were
thrown
into
the
Sea
by
a
Tempest
,
for
safeguard
of
the
Ship
,
and
he
took
them
,
and
Trespasse
doth
not
lie
against
him
,
for
that
they
were
not
taken
out
of
the
possession
of
the
Plaintiff
.
21
H.
7.
f.
39.
By
Fineux
and
Tremail
,
if
I
deliver
Goods
to
a
man
,
and
he
gives
them
,
or
sels
them
to
a
stranger
,
if
the
stranger
takes
them
without
Delivery
,
I
shall
have
a
Writ
of
Trespasse
;
but
if
he
makes
Delivery
to
the
stranger
of
them
,
I
shall
have
no
Trespasse
.
Littleton
,
fol.
14.
If
I
deliver
to
one
my
Sheep
to
dung
his
Land
,
or
my
Oxen
to
plow
his
Land
,
and
he
kils
my
Beasts
,
I
shall
have
Trespasse
,
that
is
to
be
intended
Trespasse
upon
the
Case
,
and
not
Trespasse
by
force
of
Armes
.
See
2
Ed.
4.
f.
5.
in
Parco
fracto
.
18
Ed.
4.
fol.
23.
In
Action
upon
the
Case
,
where
he
counts
of
mis-using
of
a
thing
delivered
to
the
Defendant
,
or
converting
it
to
his
own
use
,
is
to
recover
Damages
for
the
thing
,
and
where
one
will
recover
the
thing
it self
,
he
shall
have
Detinue
.
7
Ed.
4.
f.
4.
Where
one
comes
to
Goods
lawfully
,
as
by
Delivery
,
Trespasse
doth
not
lie
against
him
,
but
Detinue
.
12
E.
4.
f.
8.
A
man
shall
not
have
trespasse
general
,
that
is
,
by
force
of
Armes
,
against
him
that
mis-uses
a
License
in
Deed
,
as
to
ride
a
Horse
twenty
Miles
,
where
he
borrowed
the
Horse
but
for
ten
Mile
;
but
he
shall
have
an
Action
upon
the
case
;
contrary
,
if
one
mis-use
a
License
in
Law
,
as
to
enter
into
a
Tavern
,
there
he
shall
have
Trespasse
,
by
force
of
Armes
,
21
Ed.
4.
f.
76.
the
same
.
18
Ed.
4.
f.
2.
If
my
Bailiff
kill
my
Kine
,
Trespasse
by
force
of
Armes
doth
not
lie
,
but
an
Action
upon
the
Case
.
21
Ed.
4.
fol.
22.
Action
upon
the
Case
lies
against
J.
S.
Officer
of
the
Kings
Bench
,
for
that
that
the
Plaintiff
affirmed
a
Plaint
of
Debt
against
J.
D.
in
London
,
the
said
J.
S.
purchased
a
Supersedeas
of
Priviledge
for
J.
D.
supposing
that
he
was
his
Servant
.
2
H.
4.
f.
19.
Action
upon
the
Case
by
the
Neighbour
of
a
fire
,
lies
,
that
according
to
the
Law
and
custome
of
the
Realm
of
England
,
&c.
that
every
one
shall
keep
his
fire
,
least
by
his
fire
any
losse
should
come
to
his
Neighbours
.
42
Ed.
3.
fol.
11.
Action
upon
the
case
lies
,
where
throughout
the
whole
Realm
of
England
it
was
a
custome
,
that
the
Host
should
keep
the
Goods
that
their
Guests
brought
into
their
House
,
if
it
be
a
common
Inn
,
and
should
be
charged
,
though
they
were
not
delivered
,
and
though
that
the
key
of
his
Chamber
were
delivered
to
the
Guest
,
22
H.
6.
f.
24.
2
H.
4.
f.
8.
14
H.
4.
f.
43.
Fitzh
.
f.
94.
B.
11
H.
4.
f.
43.
28
H.
6.
f.
7.
Action
upon
the
case
lies
,
for
that
,
that
the
Dog
of
the
Defendant
worried
the
Sheep
of
the
Plaintiff
,
he
knowing
his
Dog
to
be
accustomed
to
worry
Sheep
,
and
it
is
no
Plea
for
the
Defendant
that
he
did
not
know
,
By
Moyl
,
but
he
ought
to
answer
,
that
he
did
not
worry
the
Sheep
.
41
Ed.
3.
fol.
24.
If
a
man
ought
to
grinde
his
Corne
at
the
Mill
of
the
Defendant
without
paying
Tole
,
and
the
Miller
take
Tole
,
trespasse
by
force
of
Armes
lyes
,
and
so
it
is
said
where
he
takes
more
Tole
then
he
ought
,
but
if
one
hinder
people
to
come
to
my
Market
,
Action
upon
the
case
lies
.
13
H.
4.
f.
12.
Action
upon
the
case
lies
,
for
that
,
that
he
hath
a
Leet
in
the
Mannor
,
Eyer
and
Court
,
from
three
weeks
,
&c.
There
hath
the
Defendant
held
Court
within
the
same
Mannor
,
and
hath
distrained
his
Tenants
by
great
and
often
distresse
,
and
hath
impoverisht
them
,
that
they
cannot
pay
their
Rent
,
Fitzh
.
94.
E.
the
same
.
33
H.
6.
f.
16.
Action
upon
the
case
lies
,
where
his
Steward
comes
to
hold
a
Leet
,
and
the
Defendant
disturbs
him
.
11
H.
4.
fol.
45.
Schoole-Master
shall
not
have
an
action
of
the
case
against
another
,
for
setting
up
another
School
,
that
he
cannot
have
so
many
Schollars
as
he
had
before
,
for
the
profession
is
free
,
and
is
for
the
Common-wealth
:
the
same
law
of
erecting
a
Mill
upon
his
own
land
,
though
the
Plaintiffs
Tole
be
diminished
,
he
shall
not
have
an
action
upon
the
case
,
22
H.
6.
f.
14.
Mill
levied
.
48
Ed
3.
f.
25.
Action
upon
the
case
lies
against
Tenant
at
will
which
makes
wast
,
or
burning
a
House
willingly
,
and
not
an
action
of
waste
,
Lit.
14.
21
H.
6.
fol.
43.
7
H.
4.
f.
8.
Action
upon
the
case
lies
,
for
that
,
that
the
Defendant
ought
to
repaire
a
certaine
wall
upon
the
Thames
,
and
doth
it
not
,
by
which
the
land
of
the
Plaintiff
is
drowned
,
Fitzh
.
93.
E.
the
same
.
7.
H.
4.
fol.
16.
Account
doth
not
lye
against
a
Bailiff
,
or
Servant
for
driving
his
Plow
,
in
which
default
the
Beasts
perished
,
but
an
action
upon
the
case
lyes
for
his
negligence
,
for
default
of
good
keeping
.
2
H.
7.
f.
11.
Action
upon
the
case
lies
for
negligent
keeping
my
Sheep
,
and
the
same
Law
for
negligent
carrying
my
Pots
,
or
glasse
;
and
where
one
keeps
my
Horse
,
and
starves
him
for
Meat
.
7
H.
4.
f.
45.
Action
upon
the
case
lies
by
the
Lord
of
B.
against
him
which
bought
and
sold
in
the
Market
of
B.
without
paying
Tole
,
and
though
the
Writ
was
(
Tollenam
asportavit
)
yet
it
was
also
,
and
he
denied
to
pay
it
,
and
for
that
it
was
awarded
good
,
for
the
first
words
are
void
and
the
last
sufficient
.
11
H.
4.
f.
25.
If
a
way
belonging
,
&c.
be
stopped
,
Assise
of
Nusance
lies
,
but
for
stopping
of
a
way
ingrosse
he
shall
not
have
an
Assise
of
Nusance
,
but
action
upon
the
case
.
14
H.
8.
f.
the
last
,
Where
part
of
a
River
,
or
way
is
stopt
which
is
narrow
,
action
upon
the
case
lies
,
and
where
the
whole
,
an
Assise
of
Nusance
,
an
action
upon
the
case
lies
where
he
hath
no
other
remedy
.
11.
Ed.
4.
f.
23.
It
seems
there
that
a
good
Pleader
,
may
frame
actions
upon
the
case
for
many
matters
which
are
in
the
Chancery
.
26
Book
of
Ass
.
79.
Action
of
the
case
lies
against
the
Sheriff
which
quashed
an
Essoyne
erroniously
,
for
false
Judgment
doth
not
lye
unlesse
it
were
Judgement
of
the
Suitors
.
Fitzh.
114.
D.
If
one
Person
of
his
malice
,
and
by
his
false
imagination
,
labour
and
cause
another
to
be
iudicted
falsly
,
the
party
which
is
so
indicted
shall
not
have
a
Writ
of
conspiracy
,
but
an
action
upon
the
case
against
him
which
caused
him
to
be
so
indicted
.
Fitzh
.
95.
D.
If
one
play
with
others
at
Dice
,
and
hee
hath
false
Dice
,
and
wins
Money
of
others
with
false
Dice
,
Action
upon
the
Case
lyes
for
this
deceit
.
13
H.
7.
fol.
26.
Action
upon
the
Case
lyes
,
where
one
hath
a
Water-course
by
Prescription
,
to
Brew
,
and
water
Beasts
,
there
hath
the
Defendant
made
Lime-pits
,
&c.
4
Book
of
Ass
.
3.
See
Nusance
for
Lever
Tozaile
to
the
annoyance
of
the
Free-hold
.
Action
upon
the
Case
for
mis-using
an
Officer
in
his
Office
.
ACtion
upon
the
Case
lyes
against
a
Sheriffe
,
where
the
Plaintiffe
hath
Charter
of
exception
,
that
he
shall
be
impannelled
upon
no
Jury
,
and
shews
that
to
the
Sheriff
,
and
yet
he
impannels
him
,
18
H.
8.
fol.
5.
21
H.
7.
fol.
22.
by
King
,
Where
the
Sheriffe
serves
a
(
Fieri
facias
)
and
levies
the
sum
,
and
doth
not
returne
the
Writ
,
the
party
may
have
trespasse
against
him
for
levying
that
;
the
same
Law
,
if
by
a
(
Capias
)
the
Sheriffe
arrest
one
,
and
doth
not
returne
the
Writ
,
false
Imprisonment
lyes
,
20
H.
7.
fol.
13.
21
H.
6.
tit
.
6.
B.
6
H.
6.
Tit.
9.
Trespasse
upon
the
Case
was
brought
against
an
Escheator
,
because
he
found
an
Office
,
that
the
party
held
of
J.
S.
and
he
returned
an
Office
,
That
the
party
held
the
moity
of
the
King
in
Cheife
,
and
by
the
Court
it
lyes
,
for
he
and
the
Sheriff
are
Officers
of
Record
,
but
not
Justices
of
Record
;
for
there
it
was
agreed
that
an
Action
doth
not
lye
against
a
Justice
of
Record
,
9
H.
6.
fol.
60.
the
same
,
12
H.
6.
fol.
3.
47
Ed.
3.
fol.
15.
Conspiracy
,
in
the
nature
of
an
Action
upon
the
Case
,
was
brought
for
that
,
that
the
Defendant
procured
,
and
caused
a
false
Office
to
be
found
,
by
which
the
Mannor
was
seised
into
the
Kings
hands
,
and
he
sued
that
out
to
the
Losse
.
21
Ed.
4.
fol.
43.
If
the
Sheriffe
upon
a
Writ
of
second
deliverance
,
makes
deliverance
to
the
Plaintif
of
the
distresse
,
and
will
not
returne
the
Writ
,
so
that
the
Defendant
may
constraine
the
Plaintif
to
come
and
count
,
so
that
he
may
avow
;
the
Defendant
shall
have
remedy
against
the
Sherif
,
and
this
seems
,
by
an
Action
upon
the
Case
.
8
H.
6.
fol.
1.
Where
in
Precipe
,
the
Sherif
returnes
a
Summons
,
where
he
was
not
summoned
,
by
which
hee
looses
his
Land
,
Action
upon
the
Case
lyes
against
the
Sherif
:
See
that
deceit
lyes
.
19
H.
6.
fol.
29.
Action
upon
the
Case
lyes
against
the
Sherifs
Deputy
,
for
imbezzeling
a
Writ
of
(
Habeas
corpora
)
and
it
lyes
as
well
against
him
that
stirrs
up
another
to
doe
it
,
as
against
a
doer
.
16
H.
6.
tit.
38.
by
Paston
,
If
the
Sherif
returne
a
man
sufficient
,
upon
a
Venire
facias
,
by
which
the
next
Sherif
i●
charged
of
the
Issues
,
he
shall
have
an
Action
upon
the
Case
against
the
Predecessor
,
for
he
cannot
returne
nihil
against
the
returne
of
his
Predecessor
.
1
H.
6.
fol.
1.
Precipe
,
Where
the
Tenant
looseth
his
Land
,
by
default
upon
a
false
returne
of
the
Sherif
,
as
he
returnes
the
Tenant
summoned
,
where
he
was
not
,
deceit
lyes
,
but
if
the
Summoners
were
dead
,
Action
upon
the
Case
lyes
.
38
Book
of
Ass
.
13.
Action
upon
the
Case
lyes
against
the
Sherif
,
where
he
made
a
Precept
to
one
,
which
was
no
Bailif
of
the
Franchise
,
which
returnes
a
Jury
,
by
which
this
was
quasht
to
the
damages
,
&c.
41
Book
of
Ass
.
12.
Deceit
in
the
nature
of
an
Action
upon
the
Case
,
lyes
against
the
Sherif
,
for
that
,
that
one
was
outlawed
at
his
Suit
,
and
that
the
Defendant
then
Sheriff
,
would
not
return
the
Writ
to
the
losse
,
&c.
30
Book
of
Ass
.
5.
Where
the
Bailiff
of
a
Franchise
returnes
a
Pannell
to
the
Sheriff
,
and
returnes
another
Pannell
of
himself
,
this
shall
not
be
outed
at
the
request
of
the
Bailif
,
but
they
shall
have
their
action
of
the
case
against
the
Sherif
.
11
H.
6.
f.
18.
If
a
Lawyer
be
retained
to
looke
over
evidence
,
and
after
he
discovers
that
to
another
person
,
by
which
,
&c.
Action
upon
the
case
lies
against
him
;
contrary
if
he
shew
him
his
evidence
,
and
do
not
retaine
him
.
15
H.
7.
f.
14.
By
Fro
:
Where
an
Attorney
appeares
for
a
man
without
authority
,
and
Imparles
,
where
he
might
have
pleaded
misnaming
,
and
by
this
hath
lost
the
advantage
of
this
Plea
;
Action
upon
the
Case
lyes
against
him
,
for
that
,
that
he
appears
without
authority
.
9
Ed.
4.
tit.
118.
B.
Where
a
Guardian
pleads
falsly
for
an
Infant
,
or
vouches
one
which
is
not
sufficient
to
render
in
value
to
the
Infant
,
the
Infant
shall
have
a●
Action
of
Deceit
.
Action
upon
the
Case
against
Executors
.
ACtion
upon
the
Case
was
brought
against
the
Executors
of
J.
D.
and
Count
that
J.
S.
bought
things
of
the
Plaintif
,
and
J.
D.
undertook
,
if
he
payd
not
at
the
day
,
he
would
,
and
counts
that
he
had
Assets
sufficient
to
pay
all
his
Debts
and
Legacies
,
and
sufficient
to
content
him
,
and
it
lyes
:
Note
,
J.
D.
did
not
make
the
bargaine
and
contract
,
but
undertook
for
J.
S.
and
upon
Assumpsit
he
could
not
wage
his
Law
,
12
H.
8.
fol.
12.
27
H.
8.
f.
29.
Where
Tatam
was
in
execution
,
the
Defendant
saith
,
if
he
would
discharge
him
out
of
execution
,
that
such
a
Day
he
would
pay
him
,
if
Tatam
could
not
:
the
same
Law
,
if
he
saith
to
a
Baker
,
Deliver
Tatam
so
much
Bread
,
and
if
he
do
not
pay
you
such
a
Day
,
I
will
pay
you
;
Debt
doth
not
lie
against
me
upon
this
Promise
,
but
an
Action
upon
the
Case
.
27
H.
8.
f.
27.
It
seems
if
a
man
be
indebted
upon
a
simple
Contract
,
leaves
Assets
,
and
dies
,
the
Action
upon
the
Case
doth
not
lie
against
the
Executors
,
for
the
Testator
might
have
waged
his
Law
,
but
he
shall
have
a
Quo
minus
in
the
Exchequer
.
15
Ed.
4.
f.
15.
Where
the
Testator
may
wage
his
Law
,
as
in
Debt
of
Contract
made
by
him
,
and
borrowed
,
Debt
doth
not
lie
against
his
Executor
.
Plowd
.
Com.
f.
181.
Action
upon
the
Case
was
brought
by
Richard
Norwood
,
against
the
Executor
of
Tho:
Gray
,
and
counts
that
the
Testator
in
consideration
of
forty
shillings
to
him
paid
,
undertook
to
deliver
to
the
Plaintiff
certain
Corn
at
a
Certain
Day
,
and
did
not
;
and
counts
that
the
Goods
and
Chattels
of
the
said
Tho:
Gray
the
Testator
,
at
the
time
of
his
Death
were
sufficient
to
satisfie
,
as
well
all
the
Debts
which
the
said
Tho:
Gray
did
owe
to
any
person
,
or
to
any
persons
,
at
the
time
of
his
Death
,
as
to
satisfie
the
Plaintiff
for
the
said
forty
shillings
;
and
adjudge
that
this
Action
lies
against
the
Executors
.
And
if
an
Action
upon
the
Case
be
brought
against
Executors
upon
a
simple
Contract
,
if
the
have
no
Assets
but
to
pay
Specialties
,
they
may
plead
that
,
and
shall
not
be
charged
.
4
Ed.
3.
chap.
7.
is
,
That
an
Executor
shall
have
Trespasse
of
Goods
carryed
away
in
the
life
of
the
Testator
,
or
before
:
an
Action
personal
dies
with
the
person
.
7
H.
4.
fol.
8.
Executors
shall
have
Eiectione
firme
by
the
equity
of
the
Statute
.
23
H.
8.
Tit.
138.
Waste
,
if
a
Termor
make
waste
,
and
makes
Executors
,
and
dies
,
the
Action
of
waste
is
gone
,
for
it
doth
not
lie
against
Executors
,
but
for
waste
made
by
them
.
Action
upon
the
Case
,
for
not
performing
his
Promise
,
and
Assumpsit
,
and
the
place
,
and
how
,
where
it
shall
be
traversed
.
WHere
a
man
makes
a
promise
,
or
an
Assumption
to
doe
a
thing
,
and
doth
it
not
,
and
there
is
no
specialty
of
that
promise
,
he
shall
have
an
Action
upon
the
Case
,
and
not
a
Covenant
,
for
that
it
was
not
by
specialty
;
as
for
a
hundred
pound
paid
,
the
Defendant
bargained
,
and
sold
his
Land
to
the
Plaintiff
,
and
promised
to
infeoff
him
,
and
infeoffs
another
person
,
he
shall
have
Deceit
,
or
Action
upon
the
Case
,
20
H.
6.
f.
36.
3
H.
7.
f.
14.
Action
upon
the
Case
,
and
counts
that
the
Defendant
for
10.
l.
took
upon
him
to
labor
for
the
Plaintiff
to
J.S.
that
J.
S.
should
let
the
Mannor
of
D.
to
him
,
and
counts
that
the
Defendant
hath
taken
that
to
himself
,
the
Action
lies
:
so
if
he
undertake
for
10.
l.
paid
,
to
infeoff
him
,
and
infeoffs
another
,
for
this
mis-doing
,
an
Action
of
the
case
lieth
,
2
H.
7.
f.
12.
the
same
.
48
Ed.
3.
f.
6.
Action
of
the
Case
lies
against
him
which
took
upon
him
to
cure
the
Plaintiff
of
a
Wound
,
and
did
not
,
and
by
his
negligence
the
Plaintiff
was
worse
.
3
H.
6.
f.
37.
Action
upon
the
Case
,
and
counts
that
the
Defendant
took
upon
him
to
make
a
Mill
before
such
a
Day
,
and
did
not
,
but
held
that
he
ought
to
have
counted
what
he
should
have
,
for
it
shall
be
Quid
pro
quo
,
and
otherwise
the
Action
doth
not
lie
.
2
H.
4.
f.
4.
Action
upon
the
Case
,
and
counts
that
the
Defendant
took
upon
him
to
make
him
a
House
,
and
it
seems
it
doth
not
lie
,
I
conceive
that
was
,
for
that
he
doth
not
count
what
he
should
have
for
doing
it
,
11
H.
4.
fol.
31.
14
H.
6.
fol.
19.
Action
upon
the
Case
,
where
one
had
bargained
to
him
certain
Land
for
a
certain
summ
,
and
undertook
that
a
stranger
released
unto
him
.
Where
a
Carpenter
covenants
to
make
to
me
a
House
,
or
a
Chyrurgeon
takes
upon
him
to
cure
me
of
my
Hurts
,
and
they
do
not
,
for
this
not
doing
,
it
seems
,
an
Action
upon
the
Case
lies
.
21
H.
6.
f.
63.
If
one
for
ten
Markes
bargaine
with
the
Plaintif
for
two
Pipes
of
Wine
,
and
undertake
to
deliver
them
at
D.
and
did
not
,
an
Action
upon
the
case
lies
,
though
that
sounds
in
Covenant
,
for
that
there
is
no
specialty
,
and
the
same
Law
is
of
all
other
bargaines
;
and
by
Paston
,
bargained
,
sold
,
or
bought
:
It
is
no
diversity
to
one
or
the
other
.
19
H.
6.
f.
49.
Action
upon
the
case
that
the
Defendant
assumed
upon
him
to
cure
his
Horse
of
a
certain
Disease
,
and
that
be
negligently
,
and
carelesly
applied
Medicines
,
that
the
Horse
dyed
,
and
it
lies
.
26
H.
8.
Tit.
133.
Action
upon
the
Case
,
that
the
Plaintiff
delivered
Goods
to
the
Defendant
,
and
the
Defendant
for
ten
shillings
undertook
to
keep
them
safe
,
and
did
not
,
to
the
losse
,
&c.
The
Defendant
saith
,
that
he
had
them
not
by
the
Delivery
of
the
Plaintiff
,
good
by
Fitzh
.
and
Shelley
.
34
H.
8.
Tit.
107.
Action
upon
the
Case
in
London
,
and
counts
that
he
was
Possessor
of
Wine
and
Stuff
,
and
showed
that
certain
in
such
a
Ship
.
The
Defendant
at
London
assumed
for
ten
pounds
,
that
if
the
Ship
and
Goods
did
not
come
safe
to
London
,
and
are
there
landed
,
that
then
he
would
satisfie
a
hundred
pounds
to
the
Plaintiff
;
and
that
afterwards
the
Ship
was
robbed
upon
Trade
,
on
the
Sea
;
and
for
not
satisfaction
,
he
brought
his
Action
;
the
Plaintiff
doth
not
shew
where
he
was
possessed
,
and
yet
good
,
and
the
truth
was
,
that
the
Bargain
was
beyond
Sea
,
and
not
in
London
.
But
where
the
place
is
not
local
,
it
is
not
material
,
and
though
he
were
robbed
upon
the
main
Sea
,
the
Action
lies
in
London
upon
the
Assumpsit
.
See
after
fol.
1.
19
H.
6.
f.
49.
Action
upon
the
Case
,
that
the
Defendant
at
London
took
upon
him
to
cure
his
Horse
,
and
that
carelesly
he
gave
him
a
Medicine
that
the
Horse
died
:
the
Defendant
saith
,
that
at
Oxford
in
the
County
of
Oxford
,
he
took
to
cure
his
Horse
,
which
saith
,
without
that
,
that
he
undertook
at
London
,
and
held
a
good
Plea
.
3
H.
4.
f.
4.
Deceit
in
Land
of
that
,
that
the
Defendant
there
did
undertake
,
that
the
Lord
should
cause
him
,
to
have
certain
Copy-hold
of
the
Mannour
of
D.
in
the
County
of
Middlesex
,
and
he
assured
that
to
others
,
and
saith
,
that
he
might
be
sued
where
the
Assumpsit
was
,
or
where
the
Land
is
.
Inquire
.
11
H.
4.
fol.
4.
Trespasse
by
Executors
in
Middlesex
,
of
Money
taken
in
the
life
of
the
Testator
:
the
Defendant
saith
,
that
the
Testator
was
indebted
unto
him
,
and
delivered
that
to
him
in
London
,
in
the
name
of
Payment
,
&c.
and
it
is
no
Answer
to
the
Trespasse
in
Middlesex
,
but
he
should
say
,
without
that
,
that
you
took
it
in
Middlesex
,
as
the
Plaintiff
suppose
,
and
is
good
,
7
H.
6.
f.
37.
&
22
Ed.
4.
f.
38.
the
same
.
4
H.
6.
fol.
12.
Trespasse
of
a
Close
broken
in
D.
Defendant
justifies
in
S.
for
Common
appendant
,
and
ought
to
traverse
,
without
that
,
that
he
is
culpable
in
D.
22
H.
6.
fol.
40.
9
H.
6.
f.
62.
Trespasse
of
digging
a
Turbary
in
D.
in
the
County
of
Middlesex
,
he
cannot
justifie
in
the
County
of
Essex
,
without
that
;
that
he
is
guilty
in
the
County
of
Middlesex
,
for
he
may
plead
not
guilty
,
if
it
be
in
another
County
,
but
in
Trespasse
local
in
D.
the
Defendant
may
justifie
in
S.
in
the
same
County
,
without
that
,
that
he
is
guilty
in
D.
but
in
Trespasse
transitory
in
D.
Defendant
cannot
justifie
in
S.
in
the
same
County
,
without
that
,
that
he
is
culpable
in
D.
yet
in
Trespasse
of
Battery
,
or
Trespasse
of
Goods
taken
in
D.
in
the
County
of
Middlesex
,
and
Defendant
justifies
in
S.
in
the
County
of
Essex
,
without
that
,
that
he
is
culpable
in
D.
in
the
County
of
Middlesex
,
5
H.
4.
f.
2.
10
H.
7.
f.
27.
11
H.
6.
f.
20.
5
H.
4.
f.
3.
Trespasse
of
Sheep
taken
at
D.
in
the
County
of
Hartford
:
the
Defendant
justifies
the
taking
in
Smithfield
in
London
,
doing
Damage
,
he
ought
to
say
,
without
that
,
that
he
took
them
at
D.
in
the
County
of
Hartford
.
6
R.
2.
chap.
2.
That
Writs
of
Debt
and
Account
,
and
all
such
whatsoever
hereafter
shall
be
taken
in
their
Counties
:
and
it
is
ordained
,
that
if
hereafter
it
be
declared
,
the
Contract
thereof
to
be
made
in
another
County
,
that
then
incontinently
that
Writ
shall
be
quasht
.
9
Ed.
4.
fol.
48.
By
Needham
,
a
man
cannot
plead
in
Abatement
of
a
Writ
,
and
say
,
the
Contract
was
made
in
another
County
,
for
the
Statute
is
not
intended
,
but
where
it
appears
by
the
Writ
,
that
the
Contract
was
made
in
another
County
;
but
before
this
time
they
have
used
to
make
Examination
where
the
Contract
was
made
,
and
upon
that
abate
the
Writ
,
if
it
were
in
another
County
,
but
this
not
used
now
.
See
3
H.
6.
Tit.
30.
Examination
,
&
fol.
36.
18
Ed.
4.
fol.
1.
Nusance
,
that
a
Mill
was
erected
in
D.
in
the
County
of
Kent
:
the
Defendant
saith
,
that
he
and
all
his
Ancestors
have
been
seised
of
a
Mill
in
the
County
of
Essex
,
and
the
Mill
fell
by
?
Tempest
,
and
he
built
it
,
without
that
,
that
he
is
guilty
of
any
Annoyance
in
D.
in
the
County
of
Kent
,
and
doth
not
traverse
all
the
County
,
and
yet
good
by
the
whole
Court
,
for
that
,
that
the
thing
is
local
,
and
annexed
to
Free-hold
;
and
contrary
of
beating
,
or
Goods
carried
away
,
which
may
be
continued
,
and
is
transitory
,
21
H.
6.
f.
11.
2
M.
Tit.
283.
Traverse
by
,
without
that
,
of
Trespasse
of
Battery
,
or
Goods
carried
out
,
it
is
transitory
,
and
is
not
local
,
as
of
Trees
cut
,
and
Grasse
mowed
;
and
therefore
in
Trespasse
transitory
,
the
place
shall
not
make
Issue
,
and
is
not
traversable
,
no
more
then
in
Trespasse
upon
the
Case
upon
an
Assumption
,
and
these
may
be
continued
;
contrary
of
Trespasse
local
.
See
after
Title
Vill.
34
M.
Tit.
268.
Traverse
by
,
(
without
that
)
Action
for
making
false
Cloth
in
Bartholomew
Fair
,
London
,
against
the
Statute
:
Defendant
saith
,
that
he
made
them
well
and
truly
in
D.
in
the
County
of
E.
without
that
,
that
he
made
them
in
Bartholomew
Fair
,
London
,
as
,
&c.
and
it
is
good
,
22
Ed.
4.
f.
38.
the
same
verbatim
.
Bargains
and
Contracts
.
For
that
your
Actions
of
Debt
are
in
Court
Barons
of
Bargains
and
Contracts
,
it
is
convenient
to
speak
something
of
Bargains
and
Contracts
,
and
where
the
Cause
or
Duty
is
traversable
,
and
where
otherwise
adiudged
,
what
is
a
good
Plea
,
and
what
Pleas
he
shall
not
have
,
for
that
he
may
wage
his
Law
.
DEbt
of
that
,
that
he
let
one
Chamber
,
and
Board
for
his
Wife
and
Son
,
for
every
Week
six
shillings
,
it
is
a
good
Plea
,
to
say
,
that
he
did
not
let
the
Chamber
,
for
he
destroys
the
Contract
in
part
,
and
it
is
intire
,
9
Ed.
4.
fol.
1.
21
Ed.
4.
f.
26.
If
the
Plaintiff
sell
two
Horses
for
forty
shillings
,
and
counts
in
Debt
,
that
the
Defendant
bought
a
Horse
for
forty
shillings
,
the
Defendant
may
say
,
that
he
owes
him
nothing
,
in
manner
and
form
,
or
vary
from
the
Contract
,
and
the
Jury
upon
pain
of
Attaint
ought
to
finde
for
the
Defendant
;
the
same
Law
is
,
if
he
sell
one
Horse
,
and
counts
that
he
bought
two
Horses
for
forty
shillings
;
or
if
he
sell
a
Horfe
for
forty
shillings
,
and
count
that
he
bought
an
Oxe
for
forty
shillings
,
upon
pleading
that
he
oweth
him
nothing
in
manner
and
forme
,
this
is
material
to
aid
the
Defendant
.
3
H.
6.
fol.
51.
Debt
and
counts
for
Tallow
bought
for
forty
shillings
:
the
Defendant
saith
,
that
he
bought
the
Tallow
for
three
shillings
and
four
pence
,
which
he
is
ready
to
pay
,
and
to
the
remnant
wages
his
Law
,
and
had
it
.
14
H.
8.
fol.
17.
If
I
sell
Goods
for
so
much
as
J.
S.
shall
say
,
it
is
no
Bargain
forthwith
,
and
yet
if
he
sell
them
to
another
,
before
J.S.
saith
,
what
he
shall
pay
,
Action
upon
the
Case
it
seems
lies
.
14
H.
8.
fol.
20.
If
Lessee
for
years
grant
his
Interest
to
one
upon
Condition
,
that
he
obtain
the
good
will
of
the
first
Lessor
,
and
pay
so
much
as
he
shall
arbitrate
,
and
he
obtain
his
favour
,
this
is
a
good
Contract
:
but
there
agreed
,
that
is
but
a
Communication
without
(
Quid
pro
quo
)
forthwith
,
or
at
the
Day
agreed
,
as
here
.
If
you
say
,
that
you
will
give
to
me
ten
pounds
for
my
Horse
,
and
you
do
not
pay
forthwith
,
it
is
no
Bargain
;
but
if
you
be
telling
out
your
Money
,
he
cannot
sell
that
to
another
in
the
mean
time
,
for
there
was
no
fault
in
you
:
but
if
Agreement
be
,
that
you
shall
give
ten
pounds
for
my
Horse
,
and
I
give
a
Penny
in
earnest
,
that
seems
a
perfect
Bargain
,
and
you
shall
have
the
Horse
,
and
I
shall
have
the
Money
by
Action
of
Debt
,
15
H.
7.
f.
6.
10
Ed.
4.
f.
21.
If
a
Preist
be
hired
to
sing
for
ten
pounds
per
annum
,
he
is
not
compellable
to
serve
,
as
a
common
Laborer
is
,
but
if
he
depart
within
the
terme
,
his
Wages
is
intire
,
and
shall
have
nothing
,
and
there
it
seems
if
one
sels
his
Horse
to
me
for
twenty
shillings
,
he
may
keep
him
till
I
have
paid
him
.
17
Ed.
4.
f.
1.
Trespasse
of
Corn
taken
:
Defendant
saith
,
the
Bargain
was
,
that
the
Defendant
should
go
to
J.
S.
and
see
the
Corn
,
and
if
they
liked
upon
the
view
,
and
gave
forty
pence
for
every
Acre
that
he
should
have
it
:
and
saith
,
that
he
liked
them
upon
the
view
,
and
took
them
,
and
it
is
no
good
Plea
;
for
notwithstanding
the
Bargain
was
,
that
he
should
have
upon
his
good
liking
upon
view
,
yet
it
is
upon
giving
forty
pence
for
every
Acre
also
,
and
he
cannot
take
them
before
he
pay
,
for
that
is
parcell
of
the
Contract
.
And
so
if
one
agree
upon
the
price
for
Wares
,
he
cannot
take
them
before
he
pay
,
unlesse
he
have
Day
of
Payment
given
unto
him
.
18
Ed.
4.
f.
6.
The
Husband
sels
Trees
growing
upon
the
Land
of
his
Wife
for
twenty
pound
,
and
the
Buyer
takes
part
of
the
Trees
,
and
paid
ten
pound
,
and
after
the
Wife
died
without
Issue
,
so
that
the
Husband
shall
not
be
Tenant
by
the
Curtesie
:
The
Husband
shall
have
Debt
for
the
ten
pound
,
for
that
,
that
the
contract
was
intire
,
and
yet
the
Buyer
shall
not
have
the
residue
of
the
Trees
.
And
where
one
sells
another
mans
Horse
,
which
he
hath
by
wrong
for
ten
pound
,
out
of
an
open
Market
,
and
the
owner
take
the
Horse
,
as
he
may
;
yet
debt
lieth
for
the
ten
pound
,
for
that
,
that
the
Contract
was
once
executed
,
and
by
Brian
,
if
one
sells
a
Horse
for
ten
pound
he
may
keep
him
if
he
will
till
he
be
paid
.
20
H.
6.
f.
22.
A
man
seised
in
fee
of
land
,
sels
the
trees
,
and
after
makes
a
Feoffment
in
fee
to
another
before
the
cutting
,
the
buyer
shall
have
the
Trees
.
21
H.
7.
f.
6.
by
Fineux
,
If
one
ask
the
price
of
a
Cloth
of
a
Merchant
in
London
,
and
he
saith
,
twenty
shillings
,
and
the
party
saith
he
will
give
it
,
and
he
takes
the
Cloth
the
Merchant
may
have
action
of
Debt
for
the
twenty
shillings
,
or
keep
it
till
he
be
paid
,
and
if
the
other
take
it
against
his
will
,
he
shall
have
trespasse
at
his
choise
14
H.
8.
f.
17.
If
I
sell
my
Horse
for
so
much
as
J.S.
shall
say
,
it
is
said
it
is
no
bargaine
forthwith
,
but
if
he
sell
that
to
another
before
J.S.
have
said
what
he
shall
have
,
I
shall
have
an
action
upon
the
case
.
23
H.
6.
f.
50.
Debt
,
the
Plaintif
counts
that
he
sold
twenty
Acres
of
land
to
the
Defendant
for
twenty
pound
,
which
he
demanded
,
and
by
Newton
though
the
Plaintif
do
not
infeof
the
Defendant
,
yet
he
shall
have
Debt
,
and
the
Defendant
shall
have
an
action
upon
the
case
against
the
Plaintif
:
See
,
3
H.
7.
f.
14.
2
H.
7.
f.
12.
Action
upon
the
case
lies
for
that
,
that
the
Defendant
hath
bargained
and
sold
to
him
lands
,
and
that
he
hath
infeoffed
another
of
them
and
the
Defendant
traverses
the
Feoffment
to
another
,
and
that
proves
that
this
is
the
cause
of
his
action
and
not
the
bargaine
.
18
Ed.
4.
f.
16.
If
the
bargaine
were
that
the
Plaintif
should
give
ten
pound
for
so
much
wood
,
if
he
liked
it
,
or
it
pleased
him
upon
the
sight
thereof
,
this
is
a
bargain
at
the
buyers
pleasure
:
Now
if
first
upon
the
sight
they
disagree
,
then
it
is
a
void
bargaine
,
though
he
after
agree
to
it
,
and
if
he
agree
upon
the
sight
it
is
a
perfect
bargaine
,
though
after
he
disagree
.
5.
H.
7.
f.
41.
One
sells
Goods
or
Wares
,
and
after
the
Sale
he
warrants
them
,
this
warranty
made
at
another
time
then
at
the
Sale
is
void
.
9
H.
7.
f.
22.
If
the
Seller
warrant
the
thing
sold
,
the
Buyer
may
have
deceit
;
though
he
hath
not
paid
the
Money
,
for
the
Seller
may
have
Debt
.
10
H.
7.
f.
7.
Agreed
by
the
Court
,
If
I
sell
certaine
Goods
to
another
for
a
certaine
sum
,
although
he
do
not
pay
the
Money
,
if
a
day
of
payment
be
appointed
,
that
is
a
good
bargaine
,
and
the
property
altered
by
this
sale
.
And
by
Hussey
and
Bria●
:
A
Victualler
shall
be
compelled
to
sel
his
victuall
,
if
the
Buyer
tender
him
ready
payment
,
and
otherwise
not
,
39
H.
6.
f.
18.
contrary
by
Prisot
.
21
H.
7.
f.
6.
By
Fineux
,
If
one
demand
the
price
of
a
Cloth
of
a
Merchant
in
London
and
he
saith
twenty
shillings
,
and
the
party
saith
he
will
give
it
,
and
takes
the
cloth
it
is
in
election
to
make
that
a
bargaine
,
and
to
have
an
action
of
debt
,
or
to
keep
it
,
till
he
be
paid
,
and
if
the
other
take
the
Cloth
by
reason
of
this
bargaine
,
against
his
will
,
he
may
have
action
of
trespasse
.
Plow
.
Com.
f.
309.
Where
one
undertakes
by
word
to
make
a
House
without
consideration
,
that
he
shall
have
no
action
.
Plow
.
Com.
fol.
11.
There
saith
,
That
bargaines
,
or
agreements
conditionall
,
shall
be
said
good
;
after
that
the
condition
is
performed
,
but
before
they
are
but
words
.
44
Ed.
3.
fol.
21.
Where
one
becomes
suerty
for
J.
S.
and
in
consideration
,
will
give
him
longer
day
of
payment
,
if
J.
S.
do
not
pay
he
will
,
action
upon
the
case
lies
27
H.
8.
f.
33.
If
I
sell
to
you
twelve
barrells
of
Ale
,
you
shall
not
have
the
barrells
but
the
ale
,
but
if
it
were
twelve
barrells
of
Wine
it
is
otherwise
,
for
this
is
the
usage
and
intent
.
1
H.
7.
f.
13.
Debt
upon
buying
Oyle
,
for
a
hundred
Markes
paid
,
and
so
,
though
of
simple
contract
,
it
seemes
the
Defendant
may
say
,
that
he
bought
with
condition
that
he
should
pay
when
he
had
uttered
them
,
without
that
that
the
Plaintiff
sold
in
manner
and
forme
,
though
he
might
have
waged
his
Law
.
21
Ed.
4.
f.
49.
Debt
of
buying
a
Horse
at
I.
in
the
County
of
Middlesex
:
Defendant
may
say
that
he
bought
him
in
London
,
upon
condition
,
without
that
,
that
he
bought
him
in
I.
in
the
County
of
Middlesex
,
but
he
cannot
say
that
he
bought
him
in
another
County
,
then
the
Plaintiff
counts
,
unlesse
it
were
that
he
pleads
,
that
it
was
upon
condition
.
33
H.
6.
fol.
49.
Debt
,
The
Defendant
cannot
traverie
the
Contract
,
where
he
may
wage
his
Law
,
but
the
Defendant
may
say
,
that
the
bargain
was
upon
condition
,
and
so
traverse
that
,
21
Ed.
4.
fol.
28.
34
H.
6.
f.
46.
Debt
upon
a
bargaine
at
D.
the
Defendant
cannot
say
that
it
was
upon
condition
at
S.
in
the
same
County
,
but
in
another
County
he
may
.
8
H.
6.
fol.
53.
Debt
upon
award
upon
arbitrement
,
it
is
no
Plea
for
the
Defendant
to
say
,
that
he
never
submitted
to
their
award
,
for
that
he
may
wage
his
Law
,
he
cannot
traverse
the
cause
of
the
duty
.
9
Ed.
4.
f.
39.
Where
a
bargaine
is
to
pay
to
the
Plaintiff
sive
shillings
,
or
a
gown
such
a
day
,
it
is
at
the
choise
of
the
Plaintiff
after
the
day
,
to
demand
one
or
the
other
which
he
will
.
8
H.
6
fol.
53.
Debt
upon
Contract
,
he
cannot
say
no
such
Contract
,
or
that
he
did
not
buy
,
for
he
cannot
traverse
the
cause
of
the
duty
,
where
he
may
wage
his
Law
,
38
H.
6.
fol.
22.
11
H.
7.
fol.
4.
Where
a
man
may
wage
his
Law
,
he
cannot
plead-payment
in
a
forraine
County
.
But
in
Debt
upon
a
Lease
for
yeares
by
Indenture
,
the
Defendant
may
plead
payment
in
a
forraine
County
,
and
that
is
good
,
but
in
the
same
County
he
ought
to
conclude
,
and
so
he
owes
him
nothing
,
10
H.
7.
f.
4.
20
H.
6.
f.
17.
Debt
upon
arrerages
of
account
,
payment
in
another
County
without
concluding
,
and
so
he
oweth
him
nothing
,
is
good
,
but
where
he
may
wage
his
,
Law
his
Plea
is
not
good
.
22
Book
of
Assises
41.
Where
one
undertakes
to
carry
his
carriage
in
a
Boate
and
over-chargeth
it
,
by
which
his
loading
perish
,
action
upon
the
case
lies
.
42
Book
of
Ass
.
8.
Action
upon
the
case
lies
against
J.S.
for
that
,
that
the
Plaintiff
had
credit
in
J.S.
and
bought
of
J.
S.
an
Ox
,
as
his
Goods
where
it
was
the
Ox
of
J.D.
27
H.
8.
fol.
34.
It
seems
if
you
pay
to
me
twenty
pound
that
then
you
shall
have
my
Lease
,
and
terme
of
years
,
this
is
but
a
Communication
,
if
you
do
not
pay
,
and
it
is
a
Bargain
conditional
,
that
is
,
at
your
choice
.
Doctor
and
Student
,
104.
Promise
and
assumpsit
,
for
a
thing
past
is
not
good
.
Inquire
:
as
I
promise
to
give
to
you
forty
pounds
,
for
that
you
have
built
me
a
House
,
it
is
no
good
Contract
,
for
it
should
be
perfect
at
the
time
of
the
Contract
.
27
Ed.
3.
Tit.
6.
Apportionment
,
Br.
A
man
retained
to
serve
for
a
year
,
for
ten
pounds
at
two
Feasts
,
and
the
Master
dies
after
the
first
Feast
,
he
shall
have
Wages
but
for
one
Feast
;
but
where
he
was
retained
for
ten
pounds
,
whole
by
the
year
,
and
he
departs
within
the
year
,
he
shall
have
no
Wages
,
for
Contract
shall
not
be
apportioned
.
21
Ed.
3.
Tit.
83.
Debt
,
where
a
man
payes
ten
pounds
for
teaching
his
Son
three
years
,
the
Son
shall
not
have
the
ten
pounds
again
which
is
paid
,
but
if
the
Money
were
not
paid
it
is
otherwise
,
for
the
Cause
ceasing
the
Effect
ceaseth
.
1
H.
6.
fol.
8.
By
Bab.
If
I
be
your
Debtor
in
twenty
pounds
by
a
simple
Contract
,
and
I
give
you
a
Bond
for
the
same
,
if
you
bring
Debt
upon
the
Bargain
,
I
shall
plead
this
well
in
the
Dischage
thereof
.
3
H.
4.
fol.
20.
Debt
of
twenty
pounds
upon
a
Contract
:
the
Defendant
saith
,
that
the
Plaintiff
after
took
a
Bond
of
ten
pounds
,
parcell
of
it
,
and
held
a
good
Plea
to
the
whole
Bargain
;
for
a
Bargain
determined
in
parcell
,
is
determined
in
all
,
for
it
is
intire
.
19
H.
8.
T
it
29.
If
a
man
be
indebted
to
me
by
Bargain
,
and
after
gives
me
a
Bond
for
the
same
Debt
,
the
Bargain
by
that
is
determined
,
for
in
Debt
upon
the
Bargain
,
it
it
a
good
Plea
,
that
he
hath
a
Bond
for
the
same
Debt
;
but
if
a
stranger
make
to
me
a
Bond
for
the
same
Debt
,
yet
the
Contract
remains
,
for
that
,
that
it
is
by
another
person
,
and
both
are
now
Debtors
,
21
H.
7.
f.
5.
11
H.
4.
f.
23.
If
one
takes
my
Beasts
by
wrong
from
my
Bailiff
,
and
after
I
give
them
to
him
;
by
Hank
.
Bailiff
shall
have
no
Trespasse
.
2
Ed.
4.
f.
15.
By
Danby
,
Needham
,
and
Moyl
,
If
I
deliver
Goods
to
J.S.
and
a
stranger
takes
them
,
and
after
I
give
the
Goods
to
another
stranger
,
this
is
a
good
Gift
:
but
Littleton
saith
,
that
the
first
stranger
hath
property
as
Trespassor
,
and
for
that
he
doth
not
allow
the
Gift
good
.
6
H.
7.
f.
9.
By
Brian
,
A
man
cannot
give
or
release
his
Right
by
word
,
though
it
be
a
personal
thing
.
Inquire
.
10
H.
7.
fol.
27.
By
Brian
,
if
a
man
take
my
Goods
by
wrong
,
and
I
give
them
to
him
,
that
the
Gift
is
void
,
as
well
as
if
they
were
given
to
a
stranger
:
but
Keeble
would
that
to
be
good
,
and
inure
as
a
Release
,
and
said
,
that
Release
by
word
of
a
Chattell
,
is
good
as
well
as
with
a
Condition
.
21
H.
6.
fol.
43.
It
seems
one
may
contract
,
and
sell
all
his
Tithes
of
his
Parish
for
seven
years
to
come
,
or
the
profits
of
his
Court
for
seven
years
,
and
it
is
good
.
42
Ed.
3.
fol.
24.
One
may
contract
and
grant
,
that
he
shall
not
be
impeached
of
Waste
,
and
dispense
with
a
thing
that
is
not
in
being
,
for
that
,
that
Grant
is
a
Covenant
,
but
he
cannot
release
the
Waste
to
come
.
9
H.
6.
fol.
12.
Where
the
Queen
grants
twenty
pounds
out
of
the
great
Custome
of
London
,
the
Custome
is
not
a
thing
in
being
,
but
is
paid
by
chance
,
and
for
that
the
person
of
the
Queen
is
charged
by
a
Writ
of
Annuity
.
6
H.
7.
fol.
5.
It
seems
that
the
King
may
grant
a
thing
not
in
(
being
)
if
that
sound
in
Covenant
,
as
to
be
discharged
of
Tithes
,
or
of
collecting
of
Tenths
to
be
granteb
by
Convocation
.
4
H.
7.
f.
10.
If
on
the
first
Day
of
May
,
lets
to
begin
at
Saint
Michael
next
,
the
Lessee
may
grant
or
sell
that
terme
before
the
Feast
of
Saint
Michael
,
but
not
release
or
surrender
that
,
22
Ed.
4.
Tit.
Grants
,
110.
24
Ed.
3.
Tit.
47.
Grants
,
Br.
If
a
common
person
grants
award
,
and
so
from
Heir
to
Heir
,
till
one
of
them
come
to
full
age
:
it
is
not
good
for
award
which
shall
fall
afterwards
,
contrary
of
such
a
grant
made
by
the
King
.
12
Ed.
4.
f.
3.
Where
a
common
person
hath
but
right
of
Reversion
,
he
cannot
grant
it
;
and
so
it
seems
he
cannot
grant
an
Escheat
of
his
Tenant
,
before
that
fall
.
Fitzh.
120.
K.
If
one
promise
another
ten
pounds
to
marry
his
Daughter
,
and
he
marry
her
,
this
is
Contract
in
our
Law
,
upon
which
he
shall
have
Debt
.
See
14
Ed.
4.
f.
6.
&
15
Ed.
4.31
.
Fitzh
.
44.
If
one
promise
another
ten
pounds
to
marry
his
Daughter
,
if
he
marry
his
Daughter
it
is
a
good
Contract
in
our
Law
,
and
if
he
sue
for
that
ten
pounds
in
Court
Christian
,
Prohibition
lies
;
but
if
he
promise
one
with
his
Daughter
in
Marriage
ten
pounds
,
he
shall
sue
for
that
in
Court
Christian
.
17
Ed.
4.
fol.
4.
If
a
man
promise
a
certain
summ
of
Money
to
another
to
marry
his
Daughter
or
Servant
,
which
he
marries
accordingly
,
Debt
doth
not
lie
,
for
it
is
Spiritual
,
contrary
,
Rogers
and
Sulyard
;
for
it
is
(
one
for
another
)
though
it
were
said
,
contrary
,
and
the
reason
was
,
it
shall
be
sued
in
the
Spiritual
Court
for
this
Cause
.
22.
Book
of
Assises
,
70.
If
one
promise
,
that
if
he
will
marry
his
Daughter
,
he
shall
have
ten
pounds
,
this
is
a
Contract
,
this
is
a
Promise
in
our
Law
,
and
he
shall
have
Debt
:
but
if
he
say
,
he
will
give
with
his
Daughter
ten
pounds
,
he
ought
to
demand
that
before
the
Ordinary
.
45
Ed.
3.
f.
24.
Where
Covenant
was
by
Deed
between
the
Plaintiff
and
Defendant
,
that
if
the
Plaintiff
took
to
Wife
the
Daughter
of
the
Defendant
,
that
then
he
shall
be
bound
to
him
in
a
hundred
pounds
;
and
if
he
takes
her
to
Wife
,
Action
of
Debt
lies
,
and
the
Court
shall
not
be
out
of
Jurisdiction
though
that
touch
Matrimony
,
for
that
,
that
this
was
by
Deed
,
but
otherwise
it
is
,
if
it
were
without
Deed.
37
H.
6.
f.
9.
By
Prisot
,
if
an
Agreement
be
made
,
that
A.
shall
take
the
Daughter
of
B.
in
Marriage
,
and
if
he
marries
her
there
it
is
said
,
that
he
shall
not
have
Debt
;
for
it
seems
it
is
not
(
Quid
pro
quo
)
Inquire
:
for
if
one
sels
a
Horse
for
ten
pounds
,
and
hath
no
Horse
,
yet
he
shall
have
Debt
for
that
,
and
yet
it
is
not
(
one
for
another
)
and
where
I
sell
my
Land
in
D.
for
ten
pounds
,
Debt
lies
,
and
yet
he
hath
not
the
Land
before
Livery
.
27
Book
of
Assises
,
29.
Where
a
man
sels
all
the
Trees
in
his
Wood
,
and
agrees
that
the
same
Buyer
shall
not
cut
them
before
Michaelmas
next
,
if
Hauks
in
the
mean
time
are
in
the
Trees
,
it
seems
that
the
Seller
shall
have
them
.
14
H.
8.
fol.
1.
If
a
man
let
Land
,
except
the
Wood
and
under-wood
,
and
Hernes
and
Shovelers
make
their
Nests
in
the
Trees
,
the
Lessor
shall
have
them
,
for
the
Trees
are
excepted
,
and
the
Nests
in
the
Trees
;
and
the
same
Law
of
Akorns
,
which
come
by
reason
of
the
Trees
.
7
H.
7.
fol.
5.
If
a
man
sell
a
Lease
of
Land
,
and
certain
Cloth
for
ten
pounds
,
the
Contract
is
intire
,
and
cannot
be
severed
:
and
if
one
of
them
were
by
defeasible
Title
,
and
devested
from
the
Vendee
,
yet
the
Seller
shall
have
the
whole
summ
,
for
the
Contract
is
intire
,
and
cannot
be
severed
.
See
12
H.
8.
f.
13.
&
9
Ed.
4.
fol.
1.
9
H.
7.
f.
22.
If
a
man
sell
stuff
for
forty
pounds
,
and
deliver
the
stuff
,
and
no
Money
paid
,
nor
Day
appointed
,
yet
it
is
a
good
Bargain
,
and
he
shall
have
Debt
for
the
forty
pounds
:
but
11
H.
4.
f.
33.
If
one
assume
to
make
the
Plaintiff
a
House
before
such
a
Day
,
and
doth
not
,
unlesse
it
be
for
such
a
summ
of
Money
,
Action
upon
the
Case
doth
not
lie
,
for
it
is
a
naked
Bargain
.
9
Ed.
4.
f.
54.
By
Littleton
,
if
a
man
recovers
in
Debt
upon
a
Contract
,
and
doth
not
take
Execution
,
yet
he
cannot
have
new
Action
of
Debt
upon
the
Contract
,
for
the
Contract
is
determined
by
the
Judgement
,
and
the
nature
of
the
Duty
changed
to
a
Record
.
And
by
Danby
and
Moyle
,
in
Account
,
Debt
,
Trespasse
,
and
such
like
,
it
is
no
Plea
,
that
the
Plaintiff
at
another
time
recovered
in
them
,
unlesse
he
said
,
that
he
had
Execution
also
;
contrary
Littleton
and
Choke
.
See
there
in
Debt
upon
an
Obligation
seems
contrary
.
2
R.
3.
f.
14.
Where
one
brings
Detinue
,
and
is
barrd
by
Law
waging
,
he
shall
not
have
an
Account
afterwards
;
for
Detinue
affirmes
property
in
him
,
and
Account
disaffirmes
that
.
12
Ed.
4.
fol.
13.
Where
is
a
Barr
by
waging
of
Law
in
Detinue
,
one
shall
not
have
after
an
Action
upon
the
Case
,
for
negligent
keeping
the
thing
,
as
it
seems
.
40
E.
3.
fol
27.
Where
in
Trespasse
one
recovers
in
London
,
and
be
brought
in
(
the
thing
judged
)
he
cannot
refuse
this
Judgement
,
and
sue
for
the
Trespasse
in
a
higher
Court.
20
H.
6.
fol.
12.
Trespasse
of
Goods
taken
,
it
is
a
good
Plea
that
you
at
another
time
brought
Trespasse
against
me
,
and
J.
S.
and
that
J.
S.
appeared
,
and
pleaded
not
guilty
,
and
it
was
found
against
him
,
and
that
the
Plaintiff
had
Judgement
,
for
it
is
carried
in
Damages
,
and
reduced
into
the
thing
judged
,
and
may
have
Execution
at
his
pleasure
:
but
otherwise
it
is
in
Debt
,
for
there
it
is
not
a
good
Barr
,
unlesse
he
pleads
,
that
he
had
Judgement
,
and
Execution
against
one
.
23
H.
8.
Tit.
105.
Action
upon
the
Case
,
Debt
of
twenty
pounds
,
if
the
Defendant
hath
waged
his
Law
in
this
Action
,
and
the
Plaintiff
brings
an
Action
upon
the
Case
,
it
is
a
good
Plea
for
the
Defendant
to
say
,
that
at
another
time
he
was
barred
in
Debt
for
the
same
,
by
waging
of
Law
,
2
R.
f.
Trespasse
,
if
in
Debt
,
or
other
Action
in
the
common
Bench
,
the
Defendant
pleads
Recovery
of
that
in
a
Court
of
Franchise
,
or
that
the
Plaintiff
is
barred
in
a
Court
of
Franchise
,
though
it
be
not
of
Record
here
,
yet
it
seems
that
the
Defendant
shall
have
advantage
of
Record
,
and
otherwise
shall
be
a
mischeif
.
46
Ed.
3.
f.
17.
17
Ed.
3.
Tit.
Barr
,
246.
Debt
upon
an
Obligation
,
it
is
no
Plea
,
that
at
another
time
before
the
Mayor
of
London
,
the
Plaintiff
recovered
upon
the
same
Obligation
against
the
Defendant
,
and
had
Execution
,
it
is
no
Plea
,
for
that
,
that
the
Obligation
was
not
Damnum
,
nor
the
Defendant
doth
not
shew
Acquittance
,
and
the
Plaintiff
by
Award
of
the
Court
recovered
.
4
H.
7.
f.
8.
Three
bound
in
an
Obligation
,
joyntly
,
and
severally
;
it
is
no
Barr
for
one
to
say
,
that
he
recovered
against
another
;
but
that
he
recovered
,
and
had
Execution
,
is
good
;
and
he
ought
to
shew
Acquittance
of
the
Payment
,
or
otherwise
,
he
shall
be
charged
.
5
Ed.
4.
fol.
5.
Debt
by
severall
Precipes
against
two
by
Choke
,
where
he
hath
Execution
against
one
,
he
shall
not
have
against
the
other
afterwards
.
22
Ed.
4.
fol.
7.
Two
are
bound
in
an
Obligation
joynty
,
and
severally
;
if
I
have
Execution
against
one
,
this
is
a
Barr
against
the
other
,
but
not
Judgement
onely
.
Husband
and
Wife
.
What
Contract
and
Act
of
a
married
Wife
,
Bailiff
,
and
Servant
,
shall
binde
the
Husband
,
or
Master
,
and
what
not
.
A
Married
Wife
hath
no
Will
,
but
the
Will
of
her
Husband
,
and
for
that
,
if
a
married
Wife
sell
or
give
Goods
,
and
the
Husband
agree
before
or
after
it
is
good
;
and
it
is
his
Will
,
and
his
Sale
;
and
if
the
Bargain
be
advantage
or
disadvantage
to
the
Husband
,
Agreement
of
the
Husband
makes
it
good
:
the
same
Law
of
an
Assumpsit
,
made
to
a
married
Wife
,
to
deliver
one
out
of
Execution
.
21
H.
7.
fol.
40.
The
Husband
shall
not
be
charged
by
a
Bargain
of
the
Wife
,
but
if
it
come
to
the
use
of
the
Husband
,
and
he
agree
,
it
is
good
:
but
if
it
come
to
the
use
of
the
House
,
if
he
hath
not
notice
of
it
,
or
that
it
was
not
bought
by
his
commandement
,
he
shall
not
be
charged
,
by
Fineux
,
for
a
married
Woman
cannot
do
any
thing
,
which
may
turn
her
Husband
into
prejudice
,
and
contrary
of
that
which
is
for
his
advantage
:
but
if
I
command
my
Wife
to
buy
a
thing
necessary
,
and
she
buyes
it
,
and
comes
to
my
use
,
this
generall
commandement
(
it
is
said
)
shall
binde
me
,
though
I
do
not
expresie
what
things
:
but
if
my
Wife
without
my
commandement
buy
a
thing
for
my
Houshold
,
as
Bread
,
&c.
and
I
have
no
knowledge
of
it
,
though
that
be
spent
in
my
House
,
I
shall
not
be
thereof
charged
,
by
Fineux
.
11
H.
6.
fol.
38.
By
Martin
,
it
seems
the
Husband
shall
be
charged
for
necessary
Apparrell
of
his
Wife
,
but
not
for
superfluous
Apparrell
;
for
Martin
saith
,
if
my
Wife
buy
of
a
man
,
and
she
arrayes
her self
better
then
belongs
to
her
Estate
,
I
shall
not
be
charged
to
pay
this
stuff
taken
up
,
though
it
come
to
the
use
and
profit
of
the
Husband
,
for
that
,
that
the
Wife
of
necessity
ought
to
be
apparrelled
,
but
for
that
that
passes
her
Estate
,
her
Husband
shall
not
be
charged
.
20
H.
6.
fol.
23.
By
Newton
,
buying
by
the
Wife
or
Servant
,
though
it
come
to
the
use
of
the
Husband
,
or
Master
,
it
shall
not
charge
the
Husband
or
Master
,
Nat.
Brev.
fol.
61.
the
same
.
Note
,
there
ought
to
be
Assent
and
Agreement
of
the
Husband
and
Master
,
if
they
shall
be
charged
,
is
to
be
intended
upon
that
.
Doct.
&
Stud.
f.
137.
N.
If
a
man
send
his
Servant
to
sell
a
thing
,
which
he
knows
to
be
defective
,
and
commands
him
to
sell
it
to
such
a
man
,
Deceit
hes
;
but
if
it
be
generally
,
to
whom
he
could
,
it
lieth
not
against
the
Master
,
9
H.
6.
f.
254.
Fitzh.
120.
F.
A
man
shall
be
charged
in
debt
for
a
bargaine
of
his
Bailiffe
,
or
his
Servant
,
where
he
gives
authority
to
his
Bailiff
or
his
Servant
to
buy
and
sell
for
him
,
and
so
for
a
bargaine
made
by
his
Wife
,
if
he
give
authority
to
his
Wife
,
and
otherwise
not
.
34
Ed.
1.
tit.
163.
Debt
F.
held
there
,
That
where
a
Woman
receives
ten
Quarters
of
Corne
to
the
profit
of
the
Husband
,
he
shall
be
charged
;
but
where
he
counts
,
that
the
Wife
borrowed
ten
Quarters
of
Corn
,
which
came
to
the
profit
of
the
Husband
,
he
shall
not
be
charged
in
Debt
.
13
R.
2.
tit
.
50.
Account
,
Where
Tonels
of
Wine
are
delivered
to
a
marryed
Wife
,
if
the
Husband
agree
to
it
,
he
shall
be
charged
,
and
otherwise
not
.
27
Book
of
Ass
.
5.
If
a
man
hath
a
Bailiff
knowne
,
and
who
hath
used
to
fell
the
Beasts
of
his
Master
at
the
Market
,
this
is
a
good
sale
,
though
he
hath
no
speciall
Warrant
to
fell
his
Beasts
:
And
if
such
a
Bailiff
pledge
the
Goods
of
his
Master
;
that
is
,
Oxe
or
Horse
,
for
Corne
,
which
comes
to
the
use
of
his
Master
,
the
Master
shall
not
have
trespasse
of
the
sale
or
pledging
.
8
Ed.
4.
fol.
13.
If
I
make
a
man
my
Bailiffe
of
my
Mannor
,
he
cannot
make
a
Lease
of
the
Mannor
,
nor
of
parcell
,
without
speciall
commandement
of
his
Master
to
doe
it
,
for
that
shall
not
bind
the
Master
.
8
Ed.
4.
tit
.
14.
Contract
,
Brook
,
If
a
man
send
his
servant
to
buy
certaine
Goods
,
or
his
Factor
or
Attorney
,
to
buy
for
him
Merchandise
,
and
he
buy
,
&c.
The
Master
shall
be
charged
,
though
that
the
Goods
never
came
to
his
hands
,
and
though
that
the
Master
have
no
notice
of
that
;
and
the
Master
cannot
countermand
without
notice
given
to
the
Servant
,
Attorney
,
or
Factor
,
by
Pigot
and
Fairfax
,
2
Ed.
4.
f.
5.
If
my
Servant
in
Cheapside
which
hath
power
to
sell
,
give
my
Wares
,
it
is
sayd
I
shall
have
trespasse
against
the
Receiver
;
but
if
I
deliver
Goods
to
keep
to
my
use
,
and
hee
gives
them
,
I
shall
not
have
trespasse
,
for
he
hath
no
notice
whose
Goods
they
are
,
as
in
the
case
of
a
Servant
.
Doctor
and
Student
,
fol.
137.
If
the
servant
borrow
Money
in
the
name
of
his
Master
,
his
Master
shall
not
be
charged
,
unlesse
they
come
to
the
use
of
his
Master
,
and
by
his
commandement
:
The
same
Law
of
a
bargaine
made
by
the
servant
;
but
if
the
Master
send
his
servant
to
buy
things
,
and
he
buyes
them
,
the
Master
shall
be
charged
;
And
if
he
buy
a
thing
,
and
doe
not
speak
of
the
Master
,
and
it
comes
to
the
use
of
the
Master
,
the
Master
shall
be
charged
.
2
R.
2.
Slatham
,
fol.
65.
Debt
is
maintainable
against
the
Master
of
a
thing
bought
by
his
man
,
if
the
Goods
come
to
the
use
of
his
Master
,
notwithstanding
that
his
servant
have
no
warrant
of
his
Master
to
doe
it
,
if
it
be
so
that
he
be
knowne
to
be
his
servant
.
11
Ed.
4.
fol.
7.
If
a
servant
which
hath
authority
to
sell
and
warrant
the
thing
,
deceit
doth
not
lye
against
the
Master
if
it
be
corrupt
.
21.
H.
7.
fol.
27.
by
Rede
,
If
I
command
my
servant
to
distraine
,
and
he
rides
upon
the
distresse
,
he
shall
be
punished
and
not
I.
How
shall
the
Husband
have
by
his
Wife
,
Goods
and
Chattells
,
whereof
hee
takes
charge
,
and
how
hee
shall
be
charged
for
the
Wife
.
IF
a
man
take
a
Wife
which
hath
Goods
,
now
the
Goods
are
in
the
Husband
,
26
H.
8.
fol.
4.
Plowdens
Commentaries
,
fol.
418.
A
woman
which
hath
a
Lease
for
yeares
,
or
Goods
,
takes
a
Husband
,
they
are
in
him
.
7
H.
6.
fol.
1.
If
a
woman
have
a
Lease
for
yeares
,
and
takes
a
Husband
,
this
is
in
him
,
but
if
he
grant
a
rent
charge
out
of
that
and
dyes
,
the
Wife
shall
have
the
terme
discharged
:
And
by
Strange
,
If
an
Obligation
be
made
to
a
woman
sole
,
and
shee
take
a
Husband
,
he
may
release
that
;
but
if
the
Husband
suffer
the
Obligation
to
remaine
and
dyes
,
the
Wife
shall
have
that
,
and
not
the
Executors
of
the
Husband
,
9
H.
6.
fol.
52.
the
same
.
21
H.
7.
fol.
29.
Where
a
woman
is
Executrix
,
and
takes
a
Husband
,
the
Goods
of
the
Testator
vests
in
the
Husband
,
and
if
the
Husband
give
or
release
them
,
he
may
,
but
if
the
Husband
dye
,
and
doe
not
release
them
,
they
remaine
to
the
woman
againe
.
Fitzh
.
fol.
69.
If
Beasts
of
a
lone
woman
be
taken
,
and
shee
take
a
Husband
,
he
alone
shall
have
a
Replevin
,
for
that
that
the
property
is
in
him
onely
.
Fitzh.
142.
I.
If
a
man
have
the
Wardship
of
one
in
the
right
of
his
Wife
,
and
after
his
Wife
dyes
,
yet
he
shall
hold
that
,
for
it
was
a
thing
vested
in
him
.
Perhins
107.
Where
the
Husband
hath
ret●ne
in
right
of
his
Wife
,
and
he
aliens
that
and
dyes
,
his
Wife
shall
not
have
that
,
but
if
he
doe
not
alien
that
and
dyes
,
shee
shall
have
it
.
Perkins
165.
A
man
hath
twenty
yeares
terme
in
right
of
his
Wife
,
and
lets
for
ten
yeares
,
rendring
rent
and
dyes
,
his
Wife
shall
have
the
Rent
,
and
the
residue
of
the
terme
.
Fitzh.
119
O.
If
a
man
takes
a
Wife
,
which
was
indebted
to
other
persons
,
the
Husband
and
the
Wife
shall
be
●ued
for
this
debt
,
living
the
Wife
;
but
if
the
Wife
dye
,
the
Husband
shall
not
be
charged
,
unlesse
it
were
recoverd
during
the
Coverture
.
Fitzh.
121.
If
a
man
lets
Land
to
a
Woman
for
life
,
rendring
Rent
,
and
shee
takes
a
Husband
,
and
after
the
Rent
is
behind
,
and
the
Wife
dyes
,
the
Husband
shall
be
charged
,
for
that
that
he
took
the
profit
;
otherwise
it
is
of
an
Obligation
made
by
his
Wife
before
marriage
,
the
Husband
shall
not
be
charged
,
unlesse
recovery
were
of
that
during
the
marriage
.
Fitzh.
121.
D.
A
woman
hath
Rent
for
Dower
,
and
takes
a
Husband
,
and
the
Rent
is
behind
,
and
the
Wife
after
dyes
,
the
Husband
shall
have
Debt
for
this
Rent
:
But
if
a
man
be
bound
to
a
woman
,
and
she
takes
a
Husband
,
and
the
day
of
payment
comes
during
the
marriage
,
and
after
the
Wife
dyes
,
the
Husband
shall
not
have
debt
upon
this
Obligation
,
for
that
that
it
was
a
duty
to
the
Wife
,
and
a
thing
in
action
before
the
marriage
.
Essoyne
.
AFter
that
any
hath
put
himselfe
into
any
Inquest
,
who
hath
appeared
or
might
have
appeared
in
these
Writs
,
shall
have
but
one
Essoyne
,
or
one
default
,
&c.
West.
2.
chap.
27.
Marlcbridge
chap.
13.
Marlb
.
chap.
19.
Of
Essoynes
it
is
provided
,
that
in
Counry
,
Hundred
,
or
in
Court-Baron
,
or
other
Courts
,
none
shall
have
need
to
sweare
to
warrant
his
Essoyne
.
Westm.
1.
chap.
42.
For
that
,
that
Demandants
which
bring
actions
against
many
Coparceners
and
Joynt-Tenants
,
they
often
avoid
by
Essoyne
.
It
is
provided
,
that
those
Tenants
shall
not
have
Essoyne
but
for
one
day
,
no
more
then
one
sole-Tenant
should
have
,
so
that
now
he
cannot
avoid
,
but
only
have
an
Essoyne
,
see
Marleb
.
chap.
9.
Westm.
1.
chap.
43.
If
one
be
essoyned
as
beyond
the
Seas
,
where
he
is
in
England
day
of
the
Summons
,
it
is
provided
that
this
Essoyne
be
not
allowed
,
if
the
Demandant
will
averr
that
he
was
in
England
,
the
day
that
the
Summons
was
made
,
and
three
weekes
after
:
But
let
it
be
adjourned
.
And
if
the
Tenant
be
attaint
which
was
in
England
,
day
of
the
Summons
,
and
three
weeks
after
,
the
Essoyne
shall
turne
to
him
for
a
default
.
Westm.
1.
chap.
41.
In
a
Writ
of
Assise
,
of
Attaints
,
and
Juris
utrum
,
provided
it
is
for
travaile
of
Jurors
,
that
if
the
Tenant
once
appeare
in
the
Court
,
never
after
no
Tenant
can
essoyne
him
.
Glocester
1.
chap.
18.
Provided
that
in
other
Pleas
then
Trespass
or
Attachments
and
Distresse
lying
,
if
the
Defendant
make
himself
to
be
essoyned
of
the
Kings
Service
,
and
doth
not
bring
his
Warrant
at
the
day
which
is
given
unto
him
by
his
Essoyne
,
he
shall
render
to
the
Plaintif
Dammages
of
the
torne
of
twenty
shillings
,
or
of
more
;
according
to
the
discretion
of
the
Justices
,
and
be
in
the
Kings
mercy
.
Westm.
2.
chap.
12.
There
lies
not
for
one
that
brings
an
appeale
of
the
death
of
a
man
,
an
Essoyne
.
West
.
2.
chap.
17.
In
the
Circuit
of
the
Justices
,
there
is
no
Essoine
admitted
of
being
sick
in
bed
,
of
a
Tenement
,
unlesse
he
which
makes
himself
to
be
Essoyned
,
truly
be
sick
,
for
if
it
be
excepted
against
by
the
Demandant
,
that
the
Tenant
is
not
sick
,
nor
in
that
state
that
he
cannot
come
before
the
Justices
,
they
will
receive
a
reproach
,
and
if
this
be
disproved
by
an
Inquest
,
let
that
Essoyne
be
turned
to
a
default
,
neither
lies
that
Essoyne
in
a
Writ
of
right
between
two
claimings
by
the
same
discent
.
West
.
2.
ch.
27.
After
that
any
hath
put
himself
upon
any
Inquest
,
at
the
next
day
let
there
be
an
Essoyne
allowed
to
him
,
but
at
other
dayes
following
by
Essoyn
,
let
there
be
no
deferring
of
taking
the
Inquisition
whether
he
first
had
an
Essoyne
or
not
,
neither
let
any
Essoyne
be
admitted
,
after
the
day
given
,
by
the
request
of
the
parties
,
in
case
that
the
parties
consent
to
come
without
an
Essoyne
.
Westm.
2.
chap.
28.
When
by
the
Statute
of
,
Westm.
1.
chap.
41.
It
is
appointed
,
that
after
the
Tenants
have
once
appeared
in
the
Court
,
there
shall
be
no
Essoyns
allowed
them
in
Writs
of
Assise
,
in
the
same
manner
from
hence
let
it
be
observed
of
Petitioners
.
The
Statute
of
Essoynes
questioned
,
12
Ed.
2.
That
Essoynes
do
not
lie
in
these
following
Cases
,
that
is
,
There
lies
no
Essoyn
:
Because
,
the
Land
is
taken
into
the
Kings
hand
.
Because
,
he
is
restrained
by
Land
.
Because
,
there
is
granted
to
him
from
hence
Judgement
,
if
the
Jurors
come
.
Because
,
he
was
seen
in
the
Court.
Because
,
at
another
time
he
essoyned
himself
,
as
being
not
able
to
come
.
He
shall
not
be
essoyned
,
as
being
beyond
Sea
.
Because
,
such
a
one
essoyned
him
such
a
Day
.
Because
,
it
was
commanded
the
Sheriff
,
that
he
should
make
the
party
to
come
,
41
Ed.
3
f.
29.
Because
,
a
Woman
is
not
in
the
Kings
Service
,
but
because
a
Nurse
,
Midwife
,
or
sent
for
by
a
Writ
,
to
inspect
the
Belly
.
Because
,
she
seems
to
be
deceived
in
her
Dower
,
and
deferring
of
Right
.
Because
,
such
a
Complaint
hath
not
found
Sureties
to
prosecute
.
Because
,
the
Attorney
was
essoyned
.
Because
,
he
hath
an
Attorney
in
his
Complaint
.
Because
,
he
is
essoyned
,
witnessed
,
&c.
that
he
is
not
in
the
Kings
Service
.
Because
,
the
Summons
is
not
testified
,
or
part
of
the
Return
not
attached
.
Because
,
at
another
time
he
was
essoyned
of
the
Kings
Service
,
and
now
did
not
send
his
Warrant
.
Because
,
re-summons
was
in
the
last
Presentment
,
or
Death
of
his
Ancestor
,
30.
Book
of
Assises
51.
Because
,
such
a
one
is
not
named
in
the
Writ
.
Because
,
it
was
commanded
the
Sheriff
,
that
he
should
distrain
him
to
come
by
his
Land
and
Chattels
.
Because
,
it
was
commanded
the
Bishop
,
that
he
should
make
him
come
.
Because
,
the
time
was
past
.
But
it
is
to
be
known
,
that
an
Essoyn
of
the
Kings
Service
is
allowed
after
the
great
Cape
,
and
the
small
Cape
.
1
H.
6.
f.
4.
Trespasse
,
Issue
was
if
the
Land
were
the
Freehold
of
the
Plaintiff
,
or
of
the
Lessor
of
the
Defendant
,
and
after
Issue
the
Defendant
prayed
aid
of
his
Le
or
,
and
at
the
Summons
returned
,
the
Prayee
was
essoyned
,
and
at
the
Day
which
he
had
by
the
Essoyn
he
joyned
,
and
at
the
(
Venire
facias
)
returned
,
the
Prayee
cast
Essoyn
,
and
it
lies
,
for
that
that
the
Statute
is
,
Por●quam
,
&c.
44
Ed.
3.
fol.
38.
Precipe
,
the
Tenant
tenders
his
Law
,
and
this
is
at
Issue
,
for
that
after
he
shall
have
but
one
Essoyn
,
37
H.
6.
f.
2.
The
Plaintiff
was
essoyned
at
the
Day
of
the
Law
,
9
H.
5.
f.
5
the
same
.
48
Ed.
3.
fol.
21.
One
is
essoyned
after
Issue
in
London
,
and
at
the
Day
in
Bench
upon
a
forreign
matter
,
is
there
essoyned
again
,
for
it
is
the
first
Day
in
Bench.
21
Ed.
4.
f.
19.
Debt
,
Issue
was
upon
the
custome
of
London
,
and
upon
Writ
to
certifie
that
,
Defendant
essoyned
,
and
lieth
after
Issue
by
the
common
Law
,
for
after
every
mean
Appearance
,
it
lies
by
the
common
Law
,
though
the
Statute
be
(
after
Inquest
)
which
is
not
here
,
and
for
that
the
Essoyn
is
allowed
.
21
Ed.
4.
f.
19.
Debt
,
Issue
was
upon
the
custome
of
London
,
and
upon
a
Writ
to
certifie
that
,
Defendant
is
essoyned
,
and
it
lieth
after
Issue
by
the
common
Law
,
for
after
every
mean
Appearance
,
it
lies
by
the
common
Law
,
and
though
the
Statute
be
after
Inquest
,
this
is
not
here
.
34
H.
6.
f.
18.
Precipe
,
the
Tenant
prayes
aid
of
him
in
Reversion
,
and
had
it
,
and
at
the
Summons
to
aid
him
returned
,
the
Prayee
was
essoyned
,
and
had
a
Day
of
that
Essoyn
,
and
at
the
Day
of
that
Essoyn
the
Tenant
was
essoyned
,
and
had
it
.
22
Ed.
3.
fol.
4.
Quare
impedit
,
the
Plaintiff
was
essoyned
at
the
(
Distringas
Juratores
)
and
the
Inquest
came
and
adjourned
,
but
it
seems
that
the
Defendant
shall
not
be
essoyned
at
this
Day
.
25
Ed.
3.
f
38.
Scire
facias
,
the
Tenant
pleads
to
the
Issue
,
and
at
the
next
Day
would
have
been
essoyned
,
and
could
not
,
for
it
is
delay
,
which
shall
not
be
in
a
(
Scire
facias
)
by
the
Statute
of
Westm.
2.
chap.
45.2
H.
7.
fol.
10.39
H.
6.
f.
53.
1
H.
7.
fol.
8.
There
was
an
Essoyn
cast
upon
an
(
alias
venire
facias
)
where
the
first
was
not
served
.
1
Ed.
3.
f.
38.
Waste
,
Venire
facias
was
abated
first
,
and
at
the
second
Venire
facias
,
Defendant
was
essoyned
,
and
that
allowed
,
for
the
first
was
as
nothing
.
9
H.
5.
fol.
12.
Dum
non
fuit
compos●mentis
,
Venire
facias
awarded
,
and
not
returned
,
and
Sicut
alias
returned
,
the
Tenant
was
essoyned
,
and
it
doth
not
lie
,
for
it
is
not
the
first
Day
after
the
Issue
.
3
H.
6.
fol.
57.
Debt
,
the
parties
were
at
Issue
,
and
a
Distringas
Juratores
returned
,
at
which
Day
the
Defendant
cast
an
Essoyn
of
the
Kings
Service
,
and
that
Essoyn
was
not
allowed
.
14
H.
6.
f.
20.
The
Plaintiff
cast
an
Essoyn
,
at
the
Habeas
corpora
Juratorum
,
and
this
turned
upon
him
in
Default
,
for
the
Essoyn
doth
not
lie
at
the
second
Day
,
neither
for
the
Plaintiff
,
nor
for
the
Defendant
,
but
is
outed
by
the
Statute
,
Westm.
2.
chap.
27.
which
is
Postquam
aliquis
,
&c.
And
this
Statute
is
intended
as
well
for
the
Plaintiff
as
the
Defendant
.
12
H.
4.
fol.
24.
Where
an
Essoyn
de
malo
veniendi
,
was
before
the
Statute
of
Marlebridge
,
chap.
19.
The
Essoyner
swears
,
that
he
was
sick
.
2
Ed.
4.
f.
16.
Where
Essoyn
of
Service
of
the
King
is
cast
in
,
it
seems
that
the
Essoyner
shall
be
sworn
,
for
that
,
19
H.
6.
f.
51.
the
same
.
20
H.
6.
f.
22.
Where
one
is
essoyned
of
the
Kings
Service
,
the
Essoyner
shall
be
examined
,
and
sworn
upon
a
Book
,
if
he
be
in
the
Kings
Service
or
not
,
and
not
as
he
is
informed
,
otherwise
the
Essoyn
shall
not
be
allowed
.
27
H.
6.
fol.
2.
Debt
,
the
Defendant
offers
to
wage
his
Law
,
and
had
Day
,
&c.
and
at
the
Day
the
Plaintiff
was
essoyned
,
and
after
at
that
Day
the
Defendant
was
essoyned
,
and
after
at
that
Day
the
Plaintiff
cast
in
another
Essoyn
,
and
it
lieth
well
by
the
Court
,
for
so
long
as
the
Plaintiff
and
Defendant
agree
,
they
may
fourch
by
Essoyn
.
9
H.
6.
fol.
21.
Quem
redditum
reddit
,
against
two
,
held
that
they
cannot
fourch
by
Distresse
or
Essoyn
:
Note
,
that
by
33.
H.
6.
f.
6.
Essoyn
doth
not
lie
in
this
Action
,
for
that
that
this
is
Judicial
.
2
Ed.
4.
fol.
20.
Dower
,
against
A.B.C.
and
at
the
Day
A.
makes
Default
,
and
B.
was
essoyned
,
and
C.
appears
,
and
the
same
Day
given
to
C.
and
at
the
Day
A.
made
another
Default
,
and
B.
appeared
,
and
C.
cast
the
Essoyn
,
Well
,
for
every
one
shall
have
an
Essoyn
,
notwithstanding
the
Statute
of
Marlebridge
,
chap.
19.
but
after
they
shall
not
have
more
Essoynes
.
48
Ed.
3.
fol.
20.
Precipe
,
against
the
Husband
and
his
Wife
,
before
Appearance
,
each
one
may
be
essoyned
after
other
,
but
not
after
again
,
4
H.
6.
f.
6.9
H.
6.
f.
44.
3.
H.
7.
f.
13.
Precipe
:
the
Tenant
was
essoyned
,
and
after
vouched
,
and
the
Vouchee
was
essoyned
,
at
the
Day
the
Tenant
was
essoyned
,
and
it
doth
not
lie
,
22
Ed.
4.
f.
14.
22
Ed.
3.
fol.
5.
Precipe
,
against
three
at
the
Summons
,
one
was
essoyned
,
and
others
have
the
same
Dayes
,
at
which
Day
another
was
essoyned
,
and
the
same
Day
,
&c.
and
the
Essoyn
adjourned
,
but
after
they
have
all
appeared
,
they
cannot
fourch
or
avoid
.
29
Ed.
3.
fol.
25.
Formed
on
,
against
a
Husband
and
his
Wife
,
and
at
the
first
Day
the
Husband
appeared
,
and
the
Wife
was
essoyned
,
and
at
the
second
Day
the
Wife
appeared
,
and
the
Husband
is
essoyned
and
allowed
,
but
after
that
they
have
appeared
they
cannot
fourch
by
Essoyn
,
for
the
Statute
is
,
that
Coparceners
and
Joint-tenants
cannot
at
any
time
fourch
or
avoid
,
and
so
of
the
Husband
and
the
Wife
,
30
Ed.
3.
f.
25.
See
38
Ed.
3.
f.
1.
for
fourching
by
Distresse
,
4
H.
6.
f.
6.
3
H.
6.
fol.
36.
Debt
against
a
Parson
of
the
Arrerages
of
an
Annuity
,
the
Defendant
prayed
aid
of
the
Patron
and
Ordinary
,
and
there
were
four
Patrons
,
and
at
the
Summons
to
aid
,
one
was
essoyned
,
and
the
three
have
the
same
Day
,
and
at
the
Day
he
essoyned
appeared
,
and
another
essoyned
,
&c.
and
now
,
after
every
other
was
essoyned
one
after
another
,
the
first
cast
the
Essoyn
,
and
could
not
fourch
,
33
H.
6.
f.
28.
Over
the
Sea
,
and
the
Kings
Service
.
FOrtescue
saith
,
where
the
party
hath
an
Attorney
in
Court
,
he
shall
not
be
essoyned
of
being
beyond
Sea
;
therefore
not
of
the
Kings
Service
:
19
H.
6.
f.
57.
2
Ed.
4.
fol.
18.
At
the
small
Cape
against
the
Husband
and
Wife
,
the
Husband
was
essoyned
of
the
Kings
Service
,
notwithstanding
that
he
had
an
Attorney
not
essoyned
,
for
the
Attorney
shall
not
be
essoyned
of
this
Essoyn
.
Britton
,
fol.
281.
Our
Service
as
being
in
Our
power
,
and
the
defence
of
Us
,
and
of
Our
People
,
and
of
Our
Realme
.
35
H.
6.
f.
1.
Where
one
essoyned
of
the
Kings
Service
,
and
hath
a
Day
to
bring
that
in
,
he
ought
to
bring
that
in
,
under
the
great
Seal
of
the
King
,
and
not
the
privy
Seal
.
19
H.
6.
f.
50.
If
one
be
the
Kings
Carver
,
he
shall
not
be
essoyned
of
the
Kings
Service
;
and
yet
the
Woman
which
is
Landerer
,
or
Nurse
,
shall
be
essoyned
of
the
Kings
Service
.
4
H.
6.
f.
8.
One
effoyned
of
the
Kings
Service
,
which
is
under
Bail
,
and
cannot
,
for
by
the
Bail
he
is
intended
in
Prison
,
and
by
the
Essoyn
at
large
.
10
H.
4.
f.
6.
Quareimpedit
,
Essoyn
of
the
Kings
Service
is
not
allowable
for
the
mischief
of
Lapps
,
27.
H.
6.
fol.
1.
the
same
.
12
H.
4.
fol.
24.
Where
one
is
essoyned
of
the
Kings
Service
,
the
name
of
the
Essoyner
shall
be
put
in
,
for
if
his
Master
do
not
bring
in
his
Warrant
,
Deceit
lies
against
him
and
his
Master
.
Fitzh
.
17.
H.
If
one
be
essoyned
of
the
Kings
Service
,
and
at
the
Day
he
doth
not
bring
in
his
Warrant
,
he
shall
loose
twenty
shillings
,
&c.
by
Glocester
,
chap.
8.
and
further
shall
be
in
the
Mercy
,
and
it
shall
be
allowed
.
See
45
Ed.
3.
f.
24.
44
Ed.
3.
f.
5.
Essoyn
of
the
Kings
Service
,
doth
not
lie
in
a
Writ
of
Dower
.
22
Ed.
3.
f.
10.
At
the
Venire
facias
returned
,
the
Defendant
puts
the
word
without
Day
by
Protection
,
and
at
the
re-summons
he
was
essoyned
of
the
Kings
Service
,
and
had
it
.
27
Ed.
3.
f.
81.
In
Replevin
,
the
Avowant
was
essoyned
of
the
Kings
Service
,
and
for
that
,
that
he
doth
not
bring
in
his
Warrant
of
that
,
he
shall
lose
twenty
shillings
for
the
Journey
,
and
not
Damages
,
nor
any
other
thing
.
29
Ed.
3.
f.
17.
At
the
Distringas
,
one
was
essoyned
of
the
Kings
Service
,
and
at
the
Day
did
not
bring
in
his
Warrant
and
came
not
,
by
which
by
Award
he
lost
his
Issues
returned
upon
him
,
that
is
,
five
and
twenty
shil●ings
,
and
the
Plaintiff
hath
for
the
delay
forty
shillings
.
29
Ed.
3.
f.
46.
After
Issue
in
Trespass
,
the
defendant
is
essoyned
of
the
Kings
Service
,
and
at
the
day
fails
of
his
Warrant
,
and
by
Award
he
shall
recover
damages
by
the
Statute
to
twenty
shillings
,
and
further
20.
shillings
,
by
discretion
of
the
Court
,
and
the
Inquest
taken
by
default
,
2
Ed.
4.
f.
16.
19
H.
6.
f.
51.
In
Replevin
,
at
the
Habeas
corpora
Juratorum
,
the
Plaintiff
was
essoyned
of
the
Kings
Service
,
the
Essoyner
was
sworn
,
and
had
it
.
Fitzh
.
29.
C.
If
a
man
be
essoyned
of
the
Kings
Service
,
the
Plaintiff
may
have
a
special
Writ
;
if
he
be
not
in
the
Kings
Service
,
to
disallow
the
Essoyn
.
4.
Book
of
Ass
.
3.
Attaint
is
laid
,
at
the
next
day
,
after
the
first
day
,
and
qua●ht
,
and
in
Juris
utrum
it
doth
not
lie
after
Appearance
.
4.
Book
of
Assise
2.
Attaint
after
Appearance
,
the
Desendant
is
essoyned
of
the
Kings
Service
.
29.
Book
of
Ass
.
25.
Attaint
after
Appearance
,
the
Plaintiff
casts
the
Essoyn
,
and
was
quasht
,
that
is
a
common
Essoyn
.
19.
Ass.
15.
Essoyn
is
out
after
Issue
in
Attaint
by
the
Statute
.
18
Ed.
4.
f.
8.
Attaint
,
the
Tenant
at
the
Summons
was
essoyned
,
and
at
the
Day
of
Adjournement
made
Default
,
and
the
Attaint
was
awarded
by
his
Default
;
and
if
at
the
Summons
one
be
essoyned
,
and
at
the
Day
make
Default
,
there
shall
go
a
grand
Cape
,
and
not
a
small
Cape
,
for
he
doth
not
appear
.
30
H.
6.
fol.
1.
Assise
in
common
Bench
,
returnable
the
Monday
after
Octabis
,
and
the
Plaintiff
was
essoyned
in
Octav.
and
the
Court
allowed
that
,
and
it
shall
be
before
parties
are
demanded
;
and
it
seems
that
Essoyn
in
Assise
shall
be
entered
in
the
Roll
of
Assise
,
and
the
Roll
of
Essoyn
,
this
is
for
Essoyn
of
Common
Pleas.
1
H.
7.
fol.
21.
Essoyn
is
good
,
though
it
be
not
in
the
Roll
of
the
Plea
,
but
in
the
Roll
of
the
Essoyn
.
10
H.
6.
fol.
23.
Assise
by
two
,
and
one
makes
Default
,
and
so
Summons
to
prosecute
together
at
the
next
Assises
,
at
which
day
he
that
made
default
is
Essoined
,
and
it
doth
not
lye
,
but
is
severed
by
award
.
14
H.
6.
fol.
23.
Entry
in
nature
of
Assise
,
the
Tenant
was
Essoined
,
and
it
was
Adjourned
,
and
it
is
not
like
to
an
Assise
,
for
after
appearance
,
there
lies
no
Essoin
.
Common
Essoin
.
Quem
redditum
reddit
,
and
Scire
facias
,
they
are
Judicialls
,
and
no
Essoin
lies
in
them
,
33
H.
6.
f.
6.
34
H.
6.
f.
31.
Trespass
,
Return
,
Attach
,
and
Precpe
,
Return
summoned
,
the
Defendant
shall
be
Essoined
,
but
when
he
comes
by
the
great
Distress
,
he
shall
not
be
Essoined
.
34
H.
6.
fol.
50.
Debt
.
The
Plaintiff
at
the
first
day
may
be
essoined
,
unlesse
the
Defendant
appear
upon
a
Capias
,
Cepi
,
or
upon
an
Exigent
.
9.
H.
6.
fol.
58.
Where
one
is
let
to
Bail
,
no
Essoin
of
the
King
,
or
other
Essoin
lies
,
for
that
he
is
in
manner
as
in
Prison
.
11.
H.
6.
fol.
39.
Replegeare
at
the
day
of
Imparlance
,
Essoin
doth
not
ly
for
the
Defendant
.
2
H.
4.
fol.
17.
Deceit
,
the
Defendant
casts
an
Essoin
after
the
day
given
,
and
it
was
adjudged
and
adjourned
.
Natura
Brevium
f.
13.
If
any
man
be
essoined
of
being
sick
in
his
bed
in
a
Writ
of
Right
,
if
the
Demandant
will
averre
,
that
he
is
not
so
ill
,
but
that
he
may
well
come
,
and
this
be
found
by
Inquest
,
his
essoin
shal
turn
him
in
default
.
21.
H.
7.
fol.
40.
Essoin
doth
not
lie
in
Quare
uon
admisit
,
for
that
it
is
as
a
judiciall
Writ
.
Britton
,
fol.
281.
He
is
Essoined
of
sicknesse
,
and
force
of
sicknesse
,
he
appeals
,
as
it
is
of
those
which
move
themselves
against
the
Court
,
and
are
in
riding
taken
with
sicknesse
,
and
Essoin
of
force
is
,
as
it
is
of
those
which
are
hindered
by
Imprisonment
,
or
by
Theives
,
or
of
other
Enemies
by
the
way
,
or
by
broken
Bridges
,
or
of
other
passages
,
or
hindered
by
Tempest
,
or
for
want
of
Boats
or
Ships
.
12
H.
4.
f.
24.
Formedon
by
Thirn
.
if
no
Essoin
be
cast
,
and
Record
the
first
day
,
it
lies
not
afterwards
.
2
R.
3
f.
15.
In
a
Writ
of
Right
and
Formedon
,
which
is
in
his
nature
,
Essoin
shall
be
cast
the
first
day
of
Essoynes
and
proffers
,
and
not
afterwards
.
2
H.
7.
f.
4.
The
Demandant
or
tenant
in
a
Precipe
may
be
essoined
the
fourth
day
,
and
every
day
before
the
fourth
day
,
and
likewise
the
fourth
day
,
notwithstanding
any
challenge
taken
by
his
Adversary
,
but
in
a
Writ
Judiciall
out
of
the
Common
Bench
,
the
Partie
ought
to
be
essoined
the
first
day
,
and
otherwise
not
,
if
that
be
challenged
.
18.
Ed.
4.
fol.
4.
Precipe
,
Essoin
of
the
Kings
Service
was
laid
,
and
it
seems
there
,
that
every
Essoin
shall
be
laid
the
first
day
,
or
any
day
before
the
fourth
day
,
if
there
be
not
an
exception
entered
,
and
the
fourth
day
shall
be
adjourned
,
1
Ed.
5.
fol.
2.
2
Ed.
4.
fol.
12.
Before
the
Originall
be
Returned
,
the
Tenant
shall
be
essoined
,
and
this
is
a
common
course
.
30.
H.
6.
fol.
1.
Essoin
is
Michiel
where
it
should
be
Michael
,
and
shall
not
be
amended
,
for
it
is
laid
before
the
Writ
be
Returned
,
and
hath
not
the
Writ
to
see
it
.
Every
Return
hath
four
dayes
,
and
the
first
day
of
them
,
is
called
the
day
of
Essoins
and
proffers
,
and
the
next
day
after
that
,
is
the
day
of
the
Return
of
the
Writs
,
the
third
day
is
the
day
,
the
fourth
day
is
the
day
of
appearance
.
And
it
is
an
use
if
one
cause
the
Clark
of
Essoins
to
enter
(
ne
recipiatur
)
as
he
may
the
fourth
day
,
Essoin
cannot
be
laid
,
after
that
is
entered
,
but
he
may
cast
an
Essoin
the
fourth
day
,
if
that
be
not
entered
,
if
one
do
not
lay
the
Essoin
the
fourth
day
,
then
the
next
day
ensuing
,
the
Party
may
enter
exception
,
that
is
,
(
ne
recipiatur
)
and
after
shall
be
no
Essoin
laid
.
4
H.
6.
fol.
6.
7.
H.
4.
fol.
40.
Quare
impedit
by
the
King
against
R.
Felbridge
,
the
Attorney
of
the
Defendant
was
Essoined
at
the
day
of
the
(
Venire
facias
)
Returned
,
and
after
that
the
Essoin
was
adjudged
,
and
before
the
adjournment
,
the
Attorney
which
was
Essoined
comes
into
the
Court
,
and
was
seen
of
the
Court
:
and
it
seems
after
the
Essoin
adjudged
,
that
he
may
be
seen
in
the
Court
very
well
,
though
that
it
be
not
adjourned
,
and
the
Essoin
very
good
,
11
H.
4.
fol.
80.
Precipe
.
11.
H.
6.
fol.
53.
Essoin
was
cast
for
the
husband
and
wife
,
and
the
Essoin
was
outed
for
the
Husband
,
because
he
was
seen
in
the
Court
,
and
allowed
for
the
Wife
.
45.
Ed.
3.
fol.
24.
Mortdancester
against
I.
which
voucheth
B.
which
was
Enoined
at
the
Summons
to
warrant
,
and
at
the
day
by
Enoin
he
was
Essoined
of
the
Kings
Service
,
and
at
the
day
that
he
hath
to
bring
in
his
Warrant
,
the
Tenant
was
Essoined
,
and
the
Essoin
was
adjudged
and
adjourned
.
12.
H.
4.
fol.
14.
by
Hull
,
Essoin
doth
not
lie
after
Essoin
,
nor
Essoin
of
the
Kings
Service
,
after
Essoin
of
the
Kings
Service
,
but
contrary
by
mean
Processe
.
9.
H.
5.
fol.
5.
By
Strange
,
common
Essoin
doth
not
lie
after
common
Essoin
,
without
mean
degree
,
but
after
common
Essoin
,
Essoin
of
the
Kings
Service
lyeth
,
21.
Ed.
3.
fol.
13.
the
same
.
21.
Book
of
Assises
,
11
Assise
.
The
Sheriffe
Returns
that
the
Plaintiffe
hath
not
found
Pledges
to
prosecute
,
and
the
Plaintiffe
was
Essoined
,
and
the
Essoin
adiudged
,
for
otherwise
the
Plaintiffe
shall
be
non-suited
.
2
Ed.
4.
fol.
16.
At
the
great
Cape
returned
against
the
Husband
and
the
Wife
,
the
Husband
casts
the
Essoin
of
the
Kings
Service
,
where
he
had
an
Attorney
in
Court
,
and
held
that
the
Essoin
lies
well
,
notwithstanding
that
he
hath
an
Attorney
in
Court
,
contrary
of
a
common
Essoin
,
for
that
cannot
be
,
where
he
hath
an
Attorney
in
Court
.
4.
H.
6.
fol.
10.
Dower
.
At
the
grand
Cape
the
Tenant
wages
his
Law
of
non-Summons
,
and
at
the
day
Essoin
is
cast
for
him
,
and
saith
that
he
hath
an
Attorney
in
Court
,
and
notwithstanding
this
,
the
Essoin
lies
,
for
here
the
Attorney
is
out
of
the
Court.
7.
H.
4.
fol.
6.
Precipe
,
at
the
great
Cape
Returned
,
one
renders
his
Law
by
Attorney
,
and
at
the
day
of
the
Law
the
Attorney
laid
an
Essoin
,
and
had
no
day
,
for
it
was
said
to
him
,
to
let
his
Master
come
.
19
H.
6.
fol.
30.
Debt
,
at
the
day
that
he
hath
to
make
his
Law
,
his
Attorney
was
Essoined
,
and
he
ought
not
to
be
Essoined
,
for
he
is
out
of
the
Court.
18
H.
6.
fol.
20.
Precipe
,
The
Tenant
hath
two
Attorneys
,
and
the
one
is
Essoined
,
and
not
the
other
,
and
good
,
for
their
Warrant
is
ioynt
and
severall
,
and
excuses
the
master
,
11
H.
4.
fol.
53.
the
same
.
19
H.
6.
fol.
57.
The
Attorney
of
one
Party
cannot
be
Essoined
of
the
Kings
Service
.
21
Book
of
Assises
7.
Where
the
Defendant
appears
,
and
answers
by
Attorney
,
he
shall
not
be
after
Essoined
,
unlesse
his
Attorney
be
also
Essoined
.
14
H.
4.
fol.
13.
Quare
impedit
,
The
Plaintiffe
was
Essoined
,
and
the
Defendant
saith
,
that
the
Plaintiffe
hath
an
Attorney
that
is
not
Essoined
,
and
by
Hank
,
that
Challenge
was
entered
,
and
at
the
day
that
the
Plaintiffe
had
by
Essoin
that
shall
be
shewed
,
and
if
it
be
found
,
then
the
Defendant
shall
have
a
Writ
to
the
Bishop
,
and
in
the
mean
time
the
Essoin
was
adiourned
.
45.
Ed.
3.
fol.
10.
Debt
,
at
the
Exigent
,
the
Defendant
came
by
Supersedeas
upon
Bail
,
and
at
the
day
of
the
Exigent
returned
,
the
Plaintiffe
was
Essoined
,
and
therefore
the
defendant
shall
have
the
same
day
without
Bail
;
and
there
agreed
if
the
Party
be
Essoined
,
and
not
his
Attorney
,
that
this
is
a
discontinuance
of
Process
,
for
the
Attorney
onely
shall
be
Essoined
,
and
every
Challenge
of
Essoin
shall
be
entered
,
but
it
shall
not
be
tryed
before
the
day
of
Adiournment
of
the
Essoin
,
unlesse
it
be
challenged
,
for
that
he
was
seen
in
the
Court
,
which
shall
be
tryed
forthwith
.
11
H.
8.
Tit.
41.
Formedon
,
Conusance
of
Plea
was
granted
,
and
the
Demandant
sues
a
Resummons
for
failing
of
Right
in
the
Franchise
,
and
the
Attorney
of
the
Tenant
cast
Essoin
,
where
another
Attorney
was
Essoined
upon
the
Originall
,
and
by
the
Court
,
this
matter
of
Challenge
cannot
be
now
tryed
:
the
Essoin
was
adiourned
,
but
not
adiudged
,
and
it
shall
be
tryed
at
the
Adiournment
,
and
if
it
be
found
,
shall
turn
him
in
default
.
12
H.
4.
fol.
25.
A
man
hath
two
Attorneys
,
and
after
the
view
the
one
was
Essoined
,
and
the
other
not
,
and
by
Hull
,
By
this
Challenge
,
the
Essoin
shall
be
adiourned
,
but
not
adiudged
,
and
by
Hank
,
in
some
Case
Essoin
shall
be
adiudged
,
and
not
adiourned
,
as
the
Demandant
in
Precipe
is
Essoined
,
and
at
the
same
day
Protection
is
shewed
out
for
the
Tenant
in
this
Case
,
the
Essoin
shall
be
adiudged
,
so
that
the
Demandant
shall
not
be
nonsuited
,
but
it
shall
not
be
adiourned
.
12
H.
7.
fol.
8.
Formedon
,
The
Tenant
makes
two
Attorneys
,
and
at
the
day
upon
the
view
granted
,
the
Tenant
and
one
Attorney
makes
default
,
and
the
other
Attorney
was
Essoined
,
and
it
was
held
clearly
that
the
Essoin
of
one
Attorney
excuseth
the
default
of
the
Tenant
,
and
the
other
Attorney
,
for
they
were
Attorneys
Joint
,
and
severall
.
2
H.
5.
fol.
2.
Formedon
,
After
the
view
the
Tenant
was
Essoined
,
and
notwithstanding
that
he
had
an
Attorney
not
Essoined
,
the
Essoin
was
allowed
,
sub
Calumnia
,
for
the
Attorney
peradventure
is
removed
,
and
agreed
,
if
he
have
no
Attorney
in
Court
,
he
himself
may
be
essoined
.
11
H.
7.
fol.
42.
Essoin
was
amended
in
Precipe
of
Rent
where
the
Essoin
was
entered
in
a
Plea
of
a
yearly
Rent
,
where
it
should
have
been
in
a
Plea
of
Land
.
18
Ed.
4.
fol.
4.
The
Writ
was
J.S.
and
the
Essoin
was
J.S.
of
Dale
in
the
County
of
Kent
,
and
for
this
variance
it
was
quasht
,
and
shall
not
be
amended
,
for
the
Clerk
had
no
fight
of
the
Writ
,
for
the
Essoyne
was
before
the
Writ
returned
.
30
H.
6.
f.
1.
At
the
Pone
in
a
Quare
impedit
,
the
Incumbent
was
Essoined
,
and
was
varying
from
the
name
in
the
Writ
,
for
the
Essoin
is
Mich.
and
the
Writ
Michaell
,
and
adiudge
that
it
should
not
be
amended
,
for
that
the
Essoin
was
put
in
,
before
the
Writ
came
in
.
10.
H.
7.
f.
6.
Precipe
,
The
Tenant
hath
view
where
it
was
not
grantable
,
and
at
the
day
of
the
Habere
facias
visum
,
The
Tenant
would
have
been
Essoined
,
and
could
not
,
in
so
much
as
the
view
was
not
grantable
.
19
H.
6.
fol.
80.
Debt
,
The
Defendant
came
by
Cepi
Corpus
,
and
the
Plaintiffe
is
Essoined
,
by
this
the
Defendant
shal
have
the
same
day
without
Bail
;
but
if
the
Plaintiffe
had
appeared
,
the
Defendant
should
answer
in
custody
,
and
after
shall
be
by
Bail
till
the
end
of
the
Plea
.
12
Ed.
3.
tit.
58
:
B.
Wa
st
,
the
Venire
facias
was
abated
,
and
a
new
one
went
out
and
was
returned
,
the
Defendant
cast
Essoyne
and
it
was
adiudged
and
adiourned
,
though
there
were
the
second
Venire
facias
,
for
the
first
was
as
none
.
19
Book
of
Assises
12
Ass.
The
Plaintif
was
essoyned
,
and
the
Writ
indorced
Tarde
,
and
notwithstanding
that
the
Justices
adiuged
,
and
adiourned
the
Essoin
.
21
Ed.
4.
f.
79.
It
seems
that
Essoin
doth
not
lie
for
a
Corporation
,
for
the
Essoin
de
malo
veniendi
,
nor
the
Essoin
de
malo
lecti
,
doth
not
lye
,
for
it
is
to
excuse
the
Defendant
,
and
a
Corporation
cannot
appear
in
person
,
but
by
Attorney
,
nor
an
Essoin
of
the
Kings
service
,
nor
of
beyond
the
Seas
,
for
all
cannot
be
together
by
common
Intendment
,
and
Protection
doth
not
lie
for
a
Corporation
.
10
H.
6.
f.
1.
Scire
facias
by
three
and
two
were
Essoined
,
the
Essoin
quasht
by
the
Court
,
for
that
delayes
are
outed
by
Westm.
2
Chap.
45.
2
H.
7.
f.
10.
the
same
.
11
H.
6.
f.
31
At
the
day
of
Imparlance
the
Plaintiffe
shall
not
be
Essoined
,
also
he
shall
be
nonsuited
,
if
he
do
not
appear
.
45
Ed.
3.
f.
19.
Precipe
,
the
Tenant
vouches
,
and
Process
continue
untill
the
Sequatur
,
at
which
day
the
Tenant
is
essoyned
,
and
it
lies
well
.
10
Ed.
4.
fol.
15.
Formedon
,
the
parties
were
at
Issue
,
and
after
discontinuance
by
Demise
upon
re-summons
,
said
,
that
the
Tenant
shall
not
be
essoyned
:
See
the
Statute
is
,
that
Essoyn
doth
not
lie
,
because
re-summons
was
in
the
last
Presentment
,
1
H.
6.
f.
6.
the
same
,
1
R.
3.
f.
4.
34
H.
6.
f.
34.
Trespass
upon
re-attachment
,
the
Tenant
was
essoyned
,
and
said
,
that
it
lies
.
44
Ed.
3.
fol.
4.
Ass.
Discontinued
for
not
coming
of
the
Justices
,
and
upon
re-attachment
the
Plaintiff
is
essoyned
,
and
it
lies
,
and
yet
the
Statute
of
Westm.
chap.
41.
is
,
who
hath
once
appeared
in
Assise
shall
not
be
afterwards
essoyned
,
44.
Book
of
Assise
,
24.
the
same
.
22
Ed.
3.
fol.
10.
At
the
Venire
facias
returned
,
the
Defendant
put
the
Paroll
without
Day
by
Protection
,
and
at
the
re-summons
he
was
essoyned
of
the
Kings
Service
,
and
had
it
.
21
Ed.
3.
Tit.
35.
B.
Paroll
was
put
without
Day
in
a
Precipe
against
a
Prior
,
for
that
that
the
King
had
sent
a
Supersedeas
,
that
he
had
seised
the
Land
for
Warr
,
for
that
the
Tenant
was
a
Prior
stranger
,
and
after
Demand
at
the
Procedendo
,
and
re-summons
where
the
Paroll
was
put
without
Day
before
,
after
Venire
facias
returned
,
and
the
Jury
appeared
,
and
at
the
Day
of
the
re-summons
returned
,
the
Prior
was
essoyned
,
and
was
challenged
,
for
that
,
that
the
Prior
was
another
time
essoyned
upon
the
Venire
facias
in
the
first
Action
,
and
it
was
not
allowed
,
but
the
Essoyn
admitted
.
30.
Book
of
Ass
.
51.
Mortdancester
,
at
the
re-summons
the
Tenant
cast
an
Essoyn
,
and
it
was
quasht
by
the
Statute
De
Calumniandis
.
Wardens
of
Churches
.
Though
the
Statutes
for
high-wayes
,
not
repaired
,
give
all
Forfeitures
of
those
Statutes
to
Church-wardens
,
yet
they
are
no
Corporation
,
and
it
is
fit
to
see
what
things
they
may
take
,
and
what
not
,
and
what
Interest
they
have
in
things
of
the
Church
,
and
where
they
may
be
removed
,
and
where
not
,
and
what
Interest
the
Parson
hath
.
PArishoners
shall
have
no
Action
of
Account
against
Wardens
,
but
they
may
choose
other
Wardens
,
which
may
have
Account
against
the
first
Wardens
,
8
Ed.
4.
f.
6.
37
H.
6.
fol.
32.
If
a
Book
be
given
to
the
Parishoners
of
such
a
Church
,
to
the
use
of
the
Church
,
the
Wardens
shall
have
Trespass
against
him
which
takes
this
out
of
the
Church
.
10
H.
4.
fol.
9.
Church-wardens
shall
have
Trespass
of
Bells
taken
,
though
the
Defendant
hangs
them
in
the
Steeple
,
and
though
they
are
annexed
to
the
Church
,
they
are
no
parcell
:
Parson
shall
have
Trespass
of
Windows
,
and
Trees
in
the
Church-yard
cut
,
and
the
Wardens
shall
have
Trespass
of
the
Ornaments
taken
.
8
H.
6.
f.
9.
Parson
brings
Trespass
of
entering
in
a
Close
and
House
,
which
was
the
Church-yard
,
and
the
Church
;
and
it
so
seems
that
he
hath
interest
in
that
.
38
H.
6.
fol.
19.
Parson
shall
have
Assise
of
Church-yard
,
or
Glebe
.
8
H.
7.
f.
12.
The
Free-hold
of
the
Church
is
to
the
Parson
,
and
the
Pewes
are
Chattels
,
unless
they
be
fixt
,
but
some
have
Pewes
there
by
Prescription
,
but
the
Pewes
fixt
there
are
Free-hold
to
the
Parson
.
21
H.
7.
f.
21.
Church-yard
and
Church
are
to
the
Parson
,
and
he
shall
have
Trespass
of
Trees
cut
in
the
Church-yard
.
Abridgement
of
Assises
,
fol.
112.
Assises
.
It
is
a
good
Plea
for
the
Defendant
at
the
Jurisdiction
of
the
Court
to
say
,
that
he
is
Parson
,
and
that
it
is
parcell
of
his
Church-yard
.
15
H.
7.
f.
8.
Church
and
Church-yard
are
to
the
Parson
,
that
is
,
the
Free-hold
of
them
.
30
Ed.
3.
Tit.
Account
,
Statham
.
See
there
that
the
Church
is
to
the
Parishoners
.
Brit.
fol.
84.
Church-yards
,
burying-places
,
Church
or
Chancels
are
to
none
.
Seek
.
9
Ed.
4.
fol.
15.
Indictment
by
the
Church-wardens
,
why
by
force
of
Armes
,
the
Goods
of
the
Chappell
,
&c.
being
,
it
seems
good
,
and
it
seems
,
if
it
were
the
Goods
of
the
Parishoners
it
were
better
.
8
Ed.
4.
f.
6.
Trespasse
by
the
Church-wardens
,
and
it
is
to
the
loss
of
the
Parishoners
,
and
it
seems
they
are
a
Corporation
for
personal
things
.
9
Ed.
4.
fol.
15.
Trespass
was
brought
by
Dame
wiche
against
the
Parson
,
for
taking
a
Coat-armor
,
certain
Pendants
with
the
Armes
of
Sir
Hugh
Wiche
her
Husband
.
And
it
seems
that
a
Parson
shall
not
have
that
,
nor
the
Church-wardens
,
for
they
are
hung
there
for
the
honour
of
the
Body
of
him
that
was
buried
there
.
37
H.
6.
f.
32.
Church-wardens
shall
have
Trespasse
of
the
Goods
of
the
Parish
taken
,
and
an
Appeal
of
Robbery
.
12
H.
7.
fol.
32.
Wardens
of
the
Church
cannot
let
Lands
,
nor
take
Lands
,
but
they
may
have
Goods
.
Abridg.
of
Ass.
fol.
76.
Church-wardens
may
have
an
Appeal
of
Robbery
of
the
Church
Goods
.
13
H.
7.
f.
9.
Church-wardens
cannot
let
Lands
,
for
the
Law
gives
them
Authority
to
receive
Goods
,
but
not
to
depart
with
any
thing
,
and
may
have
Trespass
of
Goods
of
the
Church
taken
.
8
H.
5.
fol.
4.
To
the
Wardens
of
the
Church
are
the
Books
,
and
Bells
,
and
Goods
of
the
Church
.
Doct.
and
Student
,
f.
118.
For
not
inclosing
the
Church-yard
,
and
for
not
sufficient
repairing
the
Church
,
shall
be
a
Complaint
to
the
Ordinary
.
Waging
of
Law
.
Then
for
that
,
that
the
ancient
Triall
in
Court
Baron
is
by
waging
of
Law
,
and
also
in
Plaints
for
Copy-hold-Lands
of
non-summons
,
it
is
needfull
to
say
something
of
waging
of
Law
,
and
what
will
save
his
Default
,
and
where
,
without
waging
the
Law
of
non-summons
.
TRiall
,
that
in
Court
Baron
the
Triall
is
by
waging
Law
,
but
it
may
be
by
a
Jury
by
consent
of
the
parties
,
33
H.
8.
f.
143.
18
H.
8.
fol.
3.
Of
Detinue
,
and
counts
of
delivering
of
Goods
by
another
hand
,
the
Defendant
may
wage
his
Law
,
for
the
Detinue
is
the
cause
of
Action
,
and
not
the
Delivery
:
but
in
Account
and
Counts
of
a
Receit
by
another
hand
,
he
cannot
wage
his
Law
,
for
the
Receit
is
traversable
,
34
Ed.
3.
f.
61.
26.
H.
8.
f.
26.
Detinue
,
It
seems
though
the
delivery
were
by
deed
,
it
may
be
discharged
by
matter
in
the
evidence
by
redelivery
,
and
in
account
of
receit
,
by
the
Plaintiffs
own
hands
,
and
he
shews
a
deed
testifiing
that
,
yet
the
Defendant
in
these
cases
may
wage
his
Law
,
16
Ed.
3.
tit
.
57.
F.
See
,
27
H.
8.
f.
26.
Account
,
the
Defendant
shews
a
deed
witnessing
the
receit
,
Defendant
shall
not
have
his
Law
.
Debt
upon
Arbitrement
,
for
Money
awarded
,
Defendant
may
wage
his
Law
for
he
hath
notice
of
the
award
,
and
ought
to
take
notice
of
it
,
and
so
it
seems
in
debt
against
a
Husband
and
his
Wife
,
for
debt
of
the
Wife
,
for
the
Wife
is
party
alwayes
,
1
H.
7.
f.
25.
10
H.
7.
f.
18
,
In
debt
upon
a
Statute
of
Cappers
,
Defendant
cannot
wage
his
Law
,
for
it
is
a
matter
of
Record
,
50
Ed.
3.
f.
Where
the
King
is
party
Defendant
cannot
wage
his
Law
.
13
H.
7.
f.
3.
Debt
against
Successor
of
an
Abbot
,
where
Predecessor
makes
a
bargaine
,
that
is
buying
Fishes
which
comes
to
the
use
of
the
House
,
and
the
Successor
,
hath
his
Law
,
and
yet
it
was
of
anothers
Contract
1
H.
7.
f.
25.
Contrary
,
for
he
hath
notice
of
the
bargaine
,
and
said
,
if
my
Servant
buy
a
Horse
for
me
,
in
debt
against
me
of
that
contract
,
I
may
wage
my
Law
,
13
H.
7.
fol.
3.
2
H.
4.
f.
16.
Where
the
Testator
may
wage
his
Law
,
no
Action
lies
against
the
Executors
,
15
Ed.
4.
f.
3
H.
4.
fol.
3.
Where
the
Defendant
is
ready
to
wage
his
Law
,
and
the
Plaintiffe
is
Demandant
,
and
makes
default
,
he
cannot
be
non-suted
,
where
before
he
appeared
in
Court
.
But
if
he
had
imparled
to
this
day
he
might
be
non-suted
.
6
H.
4.
fol.
2.
In
debt
for
dammages
recovered
in
a
Base
Court
,
the
Defendant
tenders
his
Law
,
but
shall
not
have
it
.
34
H.
6.
fol.
64.
11
H.
4.
fol.
54.
In
debt
for
money
awarded
upon
arbitrement
,
the
Defendant
may
have
his
Law
.
22
H.
6.
fol.
46.
the
same
.
2
H.
5.
fol.
6.
the
same
.
8
Ed:
4.
fol.
4.
Detinue
of
Charters
,
held
by
all
the
Justices
,
that
the
Defendant
may
traverse
the
delivery
generally
,
for
that
,
that
he
could
not
wage
his
Law
but
in
Detinue
of
Charters
.
If
the
Plaintiffe
do
not
intitle
himself
to
Land
,
the
Defendant
he
may
wage
his
Law
:
For
if
one
give
to
me
a
Deed
of
feoffment
it
is
but
a
chattel
in
me
,
if
I
have
not
the
Land
.
9
Ed:
4.
fol.
1.
Debt
,
where
a
man
lets
a
Chamber
to
the
Defendant
,
and
takes
his
wife
and
son
to
table
,
rendring
for
the
Chamber
and
Table
6
s.
a
week
,
defendant
cannot
for
his
debt
wage
his
Law
.
9
Ed:
4.
fol.
25.
Debt
against
the
Husband
and
his
wife
for
debt
of
the
wife
before
the
marriage
,
both
shall
wage
their
Law
,
for
by
the
marriage
the
debt
is
the
Husbands
.
15
Ed.
4.
fol.
2.
the
same
.
16
Ed.
4.
fol:
15.
Debt
of
the
sale
of
cloaths
,
the
Defendant
may
wage
his
Law
.
The
same
Law
is
in
debt
for
wages
,
unlesse
the
reteiner
be
according
to
the
Statute
of
Labourers
.
21
Ed.
4.
fol.
26.
Debt
for
an
Horse
sold
for
10
l.
where
there
were
two
,
or
the
contrary
;
or
if
he
count
of
a
Cow
where
it
was
a
garment
,
it
seems
he
may
wage
his
Law
by
conscience
,
for
it
is
another
contract
.
22.
Ed:
3.
fol:
2.
Detinue
,
if
a
man
deliver
to
me
goods
in
satisfaction
of
debt
due
to
me
,
and
after
having
brought
Detinue
,
Defendant
may
wage
his
Law
,
for
the
property
is
changed
,
and
in
Detinue
of
a
thing
of
4
ounces
which
is
but
two
,
The
Defendant
may
wage
his
Law
,
the
same
law
in
Detinue
of
a
white
horse
,
which
indeed
is
bay
.
The
same
in
Detinue
of
cloath
of
20
yards
,
where
it
is
but
13.
the
Defendant
in
these
cases
,
by
conscience
may
wage
his
Law
.
34
H.
8.
tit
:
97.
Detinue
of
a
Deed
Indent
of
a
Lease
for
years
,
the
Defendant
cannot
wage
his
Law
,
for
this
concerns
Land
,
and
a
Chattell
reall
.
21
Ed:
4.
tit
:
79.
Detinue
of
a
chest
with
Writings
,
enealed
,
or
of
a
Box
ensealed
with
Writings
,
the
Defendant
may
wage
his
Law
.
And
where
he
counts
of
a
chest
ensealed
with
Writings
,
and
of
a
speciall
Deed
,
the
Defendant
may
say
to
this
deed
he
detains
not
,
and
to
the
rest
wage
his
Law
.
19
H.
6.
fol.
9.
the
same
.
And
38
H.
6.
fol:
25.
the
same
.
44
Ed:
3.1
.
and
10
H.
6.
fol:
20.
12
R
:
2.
tit
.
43.
Debt
for
amerciament
in
Leet
,
Defendant
shall
not
have
his
Law
.
39
H
:
6.
fol:
36.
Debt
upon
a
Bargain
,
the
Plaintiffe
shews
a
Deed
witnessing
the
receit
of
it
,
yer
defendant
shall
have
his
Law
.
32
H
:
6.
fol:
19.
Debt
for
a
Sallary
in
Husbandry
reteined
,
Defendant
shall
not
have
his
Law
.
8
H
:
5.
tit
.
5.
Quo
minus
.
B.
A
man
shall
not
wage
his
Law
in
a
(
Quo
minus
)
where
one
sues
that
for
debt
,
and
payes
the
King
:
32
H.
6.
fol:
28.
the
same
.
32
H
:
8.
tit.
112.
It
was
spoken
for
Law
,
that
a
man
shall
not
wage
his
Law
in
(
Quo
minus
)
But
see
Tit.
102.
B.
2
H
:
5.
fol:
6.
Debt
for
money
awarded
by
Arbitrators
,
defendant
shall
have
his
Law
,
for
they
are
not
Judges
of
Record
.
5
H.
5.
fol:
the
last
,
the
same
.
9
H.
5.
fol.
5.
Debt
upon
Arrearages
of
account
before
Auditors
,
defendant
shall
not
have
his
Law
for
that
,
because
they
be
as
Judges
of
Record
:
otherwise
it
is
of
Arrearages
before
the
Plaintiffe
himself
.
5
H.
6.
fo:
17.
43
Ed:
3.
fol.
1.
49
Ed:
3.
fol.
3.
38
H.
6.
fol.
6.
The
Lord
in
debt
against
him
of
surplusage
of
Account
,
he
may
wage
his
Law
by
Prisot
.
38
H.
6.
fol:
14.
Debt
for
wages
,
he
counts
that
he
was
reteined
to
serve
in
Husbandry
,
defendant
could
not
wage
his
Law
;
and
if
he
count
of
another
reteiner
,
he
may
have
his
Law
.
38
H
:
6.
fol:
24.
If
a
Gentleman
be
reteined
in
Husbandrie
in
debt
for
their
sallarie
,
defendant
cannot
wage
his
Law
:
But
if
a
Gentleman
,
or
a
Carpenter
be
reteined
in
other
Art
then
Husbandrie
,
in
debt
for
their
wages
,
the
defendants
shall
have
their
Law
:
39
H.
6.
fol:
19.
3
H
:
6.
fol:
43.
the
same
.
1
H
:
6.
fol:
1.
Debt
,
and
counts
that
he
left
to
the
defendant
certain
sheep
,
paying
for
every
sheep
by
the
yeer
4
d.
and
15
d.
for
every
sheep
dead
;
Defendant
tenders
his
Law
forthwith
,
and
had
it
.
The
same
Law
is
in
debt
upon
Arbitrement
:
but
otherwise
it
is
in
debt
upon
a
Lease
of
land
rendring
Rent
.
3
H
:
6.
fol:
14.
Debt
,
Defendant
Imparles
till
the
next
day
,
and
then
comes
and
tenders
his
law
forthwith
;
And
for
that
,
that
all
was
in
one self
same
Tearm
,
the
Plaintiffe
should
not
be
demanded
to
be
non-suited
.
But
for
that
,
that
he
said
nothing
,
it
shall
be
entended
acknowledged
by
him
.
But
if
he
had
Imparled
till
another
Tearm
,
Plaintiffe
shall
be
demanded
,
and
may
be
non-suited
.
3
H
:
6.
fol:
34.
Debt
by
Counsellor
,
and
how
he
was
reteined
by
20
li.
yearly
,
and
the
Plaintiffe
ought
to
count
that
he
hath
given
him
Counsell
;
And
the
defendant
tenders
his
Law
,
and
had
it
.
But
in
debt
for
wages
of
a
Common
Labourer
,
Defendant
cannot
wage
his
law
,
for
it
is
certain
by
the
Statute
.
3
H
:
6.
fol:
43.
Debt
of
40
s
:
for
Tallow
,
the
defendant
saith
that
he
bought
the
Tallow
for
3
s
:
6
d
:
which
he
is
ready
to
pay
,
&c.
And
to
the
remnant
tenders
his
Law
,
and
had
it
:
and
for
that
it
was
the
same
Tearm
,
Plaintiffe
shall
not
be
demanded
;
But
if
it
were
in
another
Tearm
he
shall
be
demanded
.
4
H.
6.
fol:
25.
Debt
upon
Arrearages
of
account
,
before
an
Auditor
,
Defendant
tenders
his
Law
,
and
had
it
:
20
H.
6.
fo:
17.
the
same
.
●
H.
6.
fol:
58.
Debt
upon
Arbitrement
,
Defendant
shall
have
his
Law
,
and
in
Detinue
of
delivery
by
anothers
hand
,
but
not
in
account
of
receit
by
another
hand
.
10
H.
6.
fol.
20.
Detinue
of
Writings
ensealed
,
and
counts
of
one
,
especiall
of
the
Land
,
the
Defendant
may
plead
barr
to
that
,
and
to
the
remnant
tender
his
Law
,
and
had
it
.
11
H.
6.
fol:
11.
If
debt
be
upon
a
lease
and
Bargain
,
or
upon
an
Obligation
,
and
Bargain
,
Defendant
may
plead
to
the
Obligation
,
and
to
the
Bargain
wage
his
Law
:
14
H.
6.
fol:
1.
the
same
.
19
H.
6.
fol:
10.
the
same
:
33
H.
6.
fol:
26.
44
Ed:
3.
fol:
41.
Detinue
,
where
the
Plaintiffe
count
of
a
chest
for
Writings
,
the
Defendant
may
wage
his
Laws
but
if
he
counts
of
a
speciall
Writing
concerning
land
,
he
cannot
wage
his
law
of
that
,
but
of
the
Chest
and
the
residue
.
46
Ed:
3.
fol:
6.
Debt
upon
Contract
for
40
s.
the
Defendant
saith
that
he
doth
not
know
the
Contract
to
be
made
for
so
much
:
but
only
for
4
s.
which
he
hath
been
alwaies
ready
to
pay
,
and
yet
is
:
And
to
the
40
s.
he
owes
him
nothing
,
ready
to
wage
his
law
,
3
H.
6.
fol:
43.
49
Ed:
3.
fol:
3.
Debt
upon
arrearages
of
Account
,
found
before
Auditors
assigned
by
the
Party
out
of
the
Court
,
and
the
Defendant
tenders
his
law
and
had
it
.
21
H.
6.
fol:
48.
Detinue
of
two
Writings
obligatory
,
the
Defendant
may
wage
his
law
.
7
R.
2.
tit
:
42.
Fitzh
.
Debt
upon
a
Lease
of
land
,
the
Defendant
shall
not
have
his
Law
.
12
R.
2.
tit
:
43
:
F.
Debt
for
Amerciament
in
Leet
,
the
Defendant
shall
not
have
his
law
.
14
Ed.
3.
tit
:
48.
F.
Account
of
Receit
by
his
own
hand
,
the
Defendant
shall
have
his
law
,
25
Ed:
3.
fol:
46.
the
same
.
5
Ed:
3.
tit
:
54.
F.
Account
of
receit
by
the
hands
of
his
Wife
,
the
Defendant
shall
have
his
law
.
14
Ed:
2.
tit
:
69.
F.
Account
of
receit
by
other
hands
,
the
Defendant
shall
not
have
his
law
,
17
Ed:
2.
tit
:
72
the
same
case
.
27
H.
8.
fol:
26.
Account
of
Receit
by
his
hands
,
and
shews
a
deed
witnessing
that
,
yet
the
Defendant
may
wage
his
Law
.
39
H.
6.
fol:
36.
Debt
upon
a
Bargain
,
the
Plaintiffe
shews
a
deed
witnessing
that
,
yet
the
Defendant
shall
have
his
Law
,
see
before
.
26
H.
8.
fol:
26.
18
Ed.
3.
fol:
53.
One
which
was
dumb
waged
his
Law
by
signes
,
and
the
words
were
read
to
him
,
and
he
put
his
hand
upon
the
book
,
and
kist
it
,
and
so
waged
his
Law
without
words
.
21
H.
6.
fol:
47.
Where
a
Lumbard
waged
his
Law
.
22
H
:
6.
fol:
14.
Debt
for
Commons
of
one
,
Defendant
shall
have
his
Law
.
1
Ed:
4.
fol:
5.
9
Ed:
4.
fol:
1.
the
same
.
28
H.
6.
fol:
5.
Debt
against
a
Prisoner
of
the
Tower
for
his
meat
,
he
shall
not
have
his
Law
,
for
the
Plaintiffe
is
compellable
to
give
that
to
him
.
27
H.
6.
fol:
16.
If
the
Tenant
at
the
day
of
the
great
Cape
appear
,
and
tenders
his
Law
of
non-summons
,
and
the
Sheriffe
do
not
return
the
Writ
,
yet
he
may
wage
his
Law
,
for
he
hath
day
by
Roll.
33
H
:
6.
fol:
8.
Precipe
,
At
the
day
of
the
great
Cape
returned
,
the
Tenant
saith
that
he
was
not
summoned
,
ready
to
prove
by
the
Countrey
,
and
shall
be
tried
by
waging
law
,
and
not
by
the
Countrey
,
unles
upon
speciall
matter
shewed
,
as
if
the
party
were
sick
,
or
it
be
a
Mayor
and
Commonalty
,
or
be
a
Recluse
:
And
waging
of
Law
shall
be
by
12
hands
,
that
is
12
,
and
he
himself
shall
be
sworn
:
But
the
use
is
in
Court
Baron
by
6.
40
Ed:
3.
fol:
40.
Cessavit
against
3.
which
3
at
the
day
of
the
great
Cape
returned
,
waged
their
Law
of
not
summoned
,
and
at
the
day
2
made
default
,
and
the
third
appeared
,
and
tendered
the
Arrearages
,
and
could
not
,
unles
for
the
third
part
,
for
that
,
that
they
are
joyned
in
Tender
.
41
Ed:
3.
fol:
2.
Precipe
against
2
which
wage
their
Law
of
not
summoned
,
and
at
the
day
one
comes
and
the
other
not
:
And
he
which
comes
wages
his
Law
,
and
awarded
,
that
the
demandant
should
recover
the
half
against
him
which
made
default
,
and
took
nothing
by
his
Writ
against
the
other
,
40
Ed:
3.
fol:
35.
48
Ed.
3.
fol.
13.
Cessavit
against
three
,
they
wage
their
Law
of
not
summoned
at
the
day
,
the
great
Cape
returned
,
and
at
the
day
gives
them
to
make
their
Law
,
two
appears
and
wage
their
Law
,
and
the
third
makes
default
,
and
the
Writ
abates
for
two
parts
,
and
one
was
received
for
the
third
part
in
desault
of
the
three
,
and
so
the
Writ
shall
be
for
the
third
part
.
40
Ed.
3.
fol.
35.
Debt
against
two
which
tender
their
Law
,
and
at
the
day
one
makes
default
,
and
the
other
was
readie
to
wage
his
Law
,
and
waged
his
Law
:
And
for
that
,
that
the
Plaintiffe
suffered
that
,
he
was
barr'd
.
And
yet
where
the
two
tendered
their
Law
,
and
at
the
day
one
made
default
,
this
was
the
default
of
both
,
If
the
Plaintiffe
had
prayed
it
,
and
not
suffered
the
Law
of
one
.
44
Ed.
3.
fol.
38.
Precipe
,
the
Tenant
wages
his
Law
of
not
summoned
,
the
Writ
shall
abate
.
7
H.
4.
fol.
3.
Precipe
the
Tenant
makes
default
after
appearance
,
by
which
issues
Pettie
Cape
,
at
which
day
he
appears
by
Attorney
,
and
the
Attorney
wages
his
Law
,
and
day
given
for
his
Master
against
another
day
to
make
his
Law
.
7
H.
4.
fol.
7.
The
waging
Law
shall
be
in
person
by
the
Tenant
,
and
not
by
Attorney
.
24
Ed:
3
tit
.
57.
If
Sommons
in
Precipe
be
not
served
fifteen
days
before
the
first
day
of
the
return
of
the
Writ
the
Tenant
may
wage
his
Law
of
not
sommoned
.
42
Ed.
3.
fol.
7.
Precipe
,
at
the
great
Cape
returned
,
the
Tenant
tenders
his
Law
of
not
sommoned
,
and
at
the
day
comes
to
wage
his
Law
;
And
the
Demandant
offers
to
waive
the
default
,
and
prays
that
the
Tenant
may
plead
in
cheif
.
But
cannot
if
the
Tenant
will
not
assent
,
by
which
he
made
his
Law
,
and
the
Demandant
takes
nothing
by
his
Writ
.
But
at
the
first
day
that
the
Tenant
offered
his
Law
,
the
Demandant
might
have
released
the
default
:
27
H.
8.
fol.
17.
the
same
.
2
H.
5.
fol:
1.
Formedon
,
at
the
great
Cape
returned
,
the
Demandant
is
essoined
,
and
for
that
the
Tenant
need
not
wage
his
Law
,
for
the
default
is
saved
.
18
H.
6.
fol:
6.3
H.
6.
fol.
50.
the
same
.
8
Ed:
4.
fol:
2
Precipe
,
If
the
Demandant
be
essoined
the
day
that
the
Tenant
tenders
his
Law
,
the
default
is
saved
,
&
he
need
not
wage
his
Law
of
not
summoned
.
But
if
it
be
at
the
day
that
he
hath
waged
his
Law
it
is
otherwise
;
for
he
cannot
release
the
default
.
33
H.
6.
fol.
49.
the
same
.
7
Ed.
3.
tit
.
51.
Saving
default
.
Fitzh
:
at
the
Petty
Cape
returned
the
Demandant
was
essoined
,
and
had
day
over
,
at
which
day
he
took
him
to
the
default
,
and
the
Tenant
was
put
to
answer
at
the
default
,
notwithstanding
the
said
Essoine
.
5
Book
of
Ass.
11.
the
same
.
4
Ed.
3.
tit
.
62.
F.
At
the
great
Cape
returned
the
Demandant
was
essoined
,
and
day
given
over
,
at
which
day
the
Demandant
took
him
at
default
by
which
it
was
awarded
,
that
he
take
nothing
by
his
Writ
.
3
H.
6.
fol.
48.
Precipe
at
the
great
Cape
returned
,
the
Defendant
saith
that
he
was
imprisoned
by
J.
S.
upon
a
Statute
Merchant
,
by
vertue
of
a
Statute
acknowledged
to
him
that
he
could
not
come
;
and
notwithstanding
that
this
was
his
own
act
;
that
is
to
say
,
the
acknowledging
the
Statute
,
and
not
paying
it
,
yet
the
Imprisonment
was
by
the
act
of
the
Law
,
and
his
default
,
and
by
that
Plea
his
default
was
saved
.
The
same
Law
of
encrease
of
water
:
12
Ed.
4.
fol.
44.
Saving
default
.
F.
42
Ed:
3.
fol:
7.
Precipe
,
at
the
Petty
Cape
ret●●●ed
,
the
Tenant
saith
that
he
was
in
Prison
at
the
time
of
the
default
made
,
ready
,
&c.
And
the
Demandant
to
the
contrary
,
that
he
was
at
large
;
and
the
Enquest
taken
,
&
sound
that
he
was
in
prison
,
by
which
the
Demandant
took
nothing
by
his
Writ
:
13
Ed.
3.
Tit.
49.
F.
18
Ed.
3.
tit
.
35.
F.
At
the
great
Cape
returned
,
the
Tenant
saith
that
he
was
in
prison
,
&c.
The
demandant
saith
that
he
was
in
prison
by
his
own
consent
,
and
by
fraud
to
save
his
default
.
And
the
Tenant
was
driven
to
aver
,
that
he
was
in
prison
against
his
will
,
and
upon
this
Issue
taken
:
14
Ed:
3
tit
.
39.
F.
13
Ed:
3.
tit
.
49.
At
the
petty
Cape
returned
,
the
Tenant
saith
that
he
was
in
prison
upon
a
Statute
,
&c.
and
the
demandant
saith
,
that
that
was
by
covin
,
and
so
Issue
taken
that
he
was
in
prison
against
his
will
,
taken
,
and
others
to
the
contrary
.
39
H.
6.
fol:
17.
The
Attorney
may
save
the
default
where
his
Master
came
,
and
for
that
both
may
save
the
default
,
by
encrease
of
water
,
and
by
Imprisonment
,
and
not
by
weakness
,
neither
of
the
one
nor
of
the
other
;
for
that
cannot
be
tryed
if
he
may
come
without
unavoidable
perill
of
death
,
or
not
.
38
H
:
6.
fol:
12.
Weaknesse
of
an
Attorney
is
not
sufficient
to
save
a
default
,
but
encrease
of
water
,
and
Imprisonment
is
a
cause
.
See
50
Ed.
3.
fol.
9.
And
the
Tenant
plead
in
abatement
matter
for
mischeif
of
war
,
and
death
,
which
proves
the
Writ
abated
without
saving
his
default
.
40
Ed:
3.
fol.
2.
Precipe
against
H.
son
of
W.
Osmond
,
the
Tenant
at
the
great
Cape
comes
without
saving
his
default
,
and
saith
,
that
his
Father
is
named
Edmond
,
and
not
Osmond
,
and
for
mischeif
of
the
war
he
shall
have
that
plea
,
before
default
saved
by
waging
of
Law
.
40
Ed.
3.
fol.
42.
Formedon
,
at
the
day
of
the
Petty
Cape
,
the
Tenant
cometh
and
saith
,
that
the
Demandant
hath
entred
hanging
the
Writ
,
and
cannot
have
that
Plea
in
abatement
before
the
default
saved
.
40
Ed.
3.
fol.
18.
Precipe
against
the
Husband
and
Isabel
his
wife
,
they
come
before
the
default
saved
,
that
the
wife
is
named
Elizabeth
,
and
had
for
the
mischeif
of
the
war
.
14
H
:
4.
tit
.
15.
Precipe
,
the
Tenant
saith
,
that
the
Demandant
is
out-lawed
,
and
shall
not
have
this
before
default
saved
.
38
Ed.
3.
tit
.
17.
At
the
great
Cape
against
three
,
they
alledge
severall
Te●ancie
,
and
the
Writ
abate
,
if
he
do
not
maintain
.
And
they
shall
not
wage
the
Law
of
not
summoned
,
for
then
they
admit
the
Writ
,
and
that
they
are
Tenants
as
the
Writ
supposeth
.
12
Ed.
4.
fol.
1.
14
H.
6.
f.
4.
Precipe
,
at
the
great
Cape
the
Tenant
would
plead
Joyntenancy
,
and
could
not
before
his
default
saved
,
for
this
comes
upon
the
view
.
42
Ed.
3.
fol.
11.
the
same
.
21
Ed.
4.
fol.
19.
Precipe
against
two
at
the
great
Cape
,
one
Tenant
pleads
that
the
other
is
dead
after
the
day
of
the
default
,
and
for
that
,
this
Plea
proves
the
Writ
abated
,
he
shall
have
this
Plea
before
his
default
saved
:
20
H.
6.
fol.
2.
the
same
.
42
Ed:
3.
fol:
3.
Precipe
against
two
,
one
Tenant
may
plead
that
in
the
conclusion
of
the
Writ
,
the
one
is
left
out
,
and
the
Writ
for
that
is
abated
before
the
default
saved
.
Pleas
after
Continuance
,
and
Imparlance
,
and
what
not
.
ASsise
,
where
they
are
adjourned
upon
Plea
in
Bar
,
it
seems
that
he
shall
not
have
but
one
Plea
,
after
the
last
continuance
,
for
otherwise
he
may
delay
the
party
,
Infinitely
:
28
H.
6.
fol:
1.9
.
H.
7.
fol:
9.9
H.
6.
fol:
22.
Quare
impedit
,
cleerly
agreed
,
that
a
man
shall
have
but
one
Plea
after
the
last
continuance
,
upon
matter
in
Deed
:
And
by
some
,
the
same
Law
is
where
it
is
by
matter
of
Record
.
1
Ed:
4.
fol:
3.
Ass:
It
seems
that
one
cannot
have
divers
Pleas
after
the
last
Continuance
.
2
H.
6.
fol:
13.
Entrie
in
the
Post
,
If
the
Demandant
enter
,
and
after
there
is
a
Continuance
,
yet
he
may
plead
that
,
for
that
,
that
it
is
abated
:
And
it
is
folly
of
the
Demandant
to
abate
his
own
Writ
.
7
H.
6.
fol:
15.
The
same
.
7
H.
6.
f
:
16.
Quare
Impedit
,
It
was
pleaded
in
abatement
,
Plaintiffe
was
made
knight
after
the
last
continuance
.
Judgment
of
the
Writ
,
and
he
had
it
.
20
H.
6.
fol:
17.
Trespasse
after
Imparlance
,
the
Defendant
saith
,
that
the
Plaintiffe
was
made
knight
day
of
the
Writ
not
named
knight
,
Judgement
of
the
Writ
,
and
had
that
Plea
.
35
H.
6.
fol:
5.
Where
a
man
is
sued
by
the
name
of
J.
Prior
of
the
Church
of
St.
Peter
of
D.
and
imparles
by
an
Attorney
,
he
shall
not
plead
in
person
afterwards
,
that
he
is
Prior
of
the
Church
of
St.
Peter
,
and
Paul
,
for
that
is
parcell
of
the
name
,
which
cannot
be
pleaded
after
Imparlance
,
for
that
doth
notstand
with
,
&c.
35
H.
6.
fol:
37.
Trespasse
against
J.S.
of
D.
after
Imparlance
he
demands
Judgment
of
the
Writ
,
for
day
of
the
Writ
purchased
he
was
dwelling
at
S.
and
not
at
D.
and
shall
not
have
it
,
for
it
is
contrary
to
the
name
which
the
hath
affirmed
by
the
Imparlance
.
32
H.
6.
fol:
35.
After
Imparlance
,
the
Defendant
cannot
plead
,
that
he
is
dwelling
in
another
place
,
then
is
in
the
Count
:
19
H.
6.
fol:
1.
35
H.
6.
fol:
43.
Debt
against
J.
S.
as
Executor
of
J.
D.
and
he
imparles
,
he
shall
not
say
after
,
that
he
is
Administrator
,
and
nor
Executor
:
32
H.
6.
fol:
32.
The
same
,
36
H.
6.
fol:
17.
37
H.
6.
fol:
32.
If
the
Defendant
in
personall
action
imparle
,
and
at
the
day
makes
default
,
Judgment
shall
be
given
,
and
in
a
reall
action
shall
be
awarded
a
Pettie
Cape
:
7
H
:
6.
fol:
30.
The
same
,
11
H
7
fol:
5.38
H.
6.
fol:
36.39
H.
6.
fol:
17.
4
H.
7.
fol:
12.
If
a
man
in
debt
upon
an
Obligation
,
imparle
before
he
demands
hearing
of
the
Obligation
and
Condition
,
and
hath
that
entred
,
he
cannot
plead
the
Condition
afterward
,
for
he
shall
not
have
hearing
of
that
,
if
he
do
not
alledge
variance
.
13
H.
7.
fol:
17.
Precipe
of
Lands
in
D.
the
Tenant
imparles
,
and
at
the
day
he
may
say
no
such
Town
:
9
Ed:
4.
fol:
33.
the
same
,
7
Ed:
4.
fol:
1.
Trespas
.
16
H.
7.
fol:
17.
Debt
by
Prior
,
the
Defendant
imparles
,
and
at
the
day
saith
,
that
the
Plaintiffe
is
deposed
,
for
that
goes
in
Bar.
7
Ed.
4.
fol:
1.
Trespas
against
J.S.
de
D.
in
the
County
of
Middlesex
,
after
Imparlance
the
Defendant
cannot
say
,
no
such
Town
D.
within
the
said
County
:
but
he
may
say
there
is
over
D.
and
nether
D
and
none
without
addition
:
22
Ed:
4.
fol:
1.
the
same
.
9
Ed.
4.
fol:
38.
Precipe
,
after
Imparlance
one
may
plead
Non-tenure
,
and
Joyntenancie
:
But
in
Precipe
of
Lands
in
D.
and
S.
the
Tenant
Imparles
,
and
at
the
day
saith
,
That
D.
is
an
Hamlet
of
S.
without
that
,
that
there
is
any
Town
or
place
known
out
of
the
Town
named
D.
in
the
same
County
,
Judgment
of
the
Writ
,
and
hath
the
Plea
by
the
whole
Court
.
9
Ed.
4.
fol.
42.
Debt
against
Executors
,
after
Imparlance
he
cannot
say
that
the
Testator
dyes
intestate
,
and
that
the
Administration
was
committed
to
him
,
Judgment
of
the
Writ
,
for
he
is
estopped
by
the
Imparlance
,
but
he
may
plead
never
Executor
,
nor
ever
administred
as
an
Executor
,
for
that
is
with
the
,
&c.
32
H.
6.
fol.
32.
the
same
.
18
Ed.
4.
fol.
19.
Writ
is
abated
by
death
,
and
abateable
by
Joyntenancie
,
and
severall
tenancie
,
and
where
a
man
is
made
knight
,
or
a
woman
takes
an
husband
,
and
such
like
,
and
saith
,
where
a
Writ
is
abateable
if
he
Imparle
,
or
take
continuance
,
he
cannot
plead
in
abatement
:
But
otherwise
it
is
if
it
were
abated
.
See
7
H.
6.
fol.
16.
and
20
H.
6.
fo.
17.
And
note
that
it
pleaded
there
that
the
Plaintiffe
is
a
knight
.
44
Ed.
3.
fol.
4.
After
Imparlance
the
Defendant
may
plead
to
the
Action
,
as
to
say
,
that
the
Plaintiffe
is
a
Channon
professed
,
&c.
But
he
cannot
plead
to
the
Writ
,
unlesse
he
come
after
the
Continuance
,
unlesse
it
were
for
that
,
that
the
Writ
is
abated
,
as
death
,
&c.
20
Ed.
4.
fol.
9.
Debt
upon
a
Lease
of
a
Corodie
,
the
Defendant
imparles
,
and
after
that
shall
not
have
hearing
of
the
Deed.
See
4
H.
7.
fol:
12.
4
H
:
7.
fol.
17.
Replegeare
against
three
which
imparle
joyntly
,
and
one
makes
default
,
the
other
cannot
plead
no
such
in
being
,
as
one
is
,
which
makes
default
.
11
H.
7.
fol.
5.
Debt
for
Corn
,
the
Defendant
imparles
,
and
at
the
day
makes
default
,
there
shall
go
a
Writ
to
inquire
of
the
value
.
See
37
H.
6.
fol.
32.
15
H.
7.
fol.
14.
Attorney
for
Corporation
after
Imparlance
,
he
cannot
plead
that
they
are
corporate
by
another
name
.
32
H.
6.
fol:
12.
Where
a
Writ
is
abated
,
he
may
plead
that
though
there
be
a
Continuance
,
as
to
say
that
the
Plaintiffe
is
dead
,
or
hath
an
Husband
day
of
the
Writ
,
but
if
it
be
abateable
,
it
is
otherwise
,
he
may
say
that
after
the
last
continuance
,
is
made
knight
,
Judgment
of
the
Writ
,
&c.
where
it
is
abateable
.
34
H.
6.
fol:
49.
Debt
upon
Obligation
by
three
,
the
Defendant
pleads
not
his
Deed
;
yet
he
may
plead
that
after
the
last
continuance
one
Plaintiffe
is
dead
.
22
Ed:
4.
fol:
36.
Trespasse
.
The
Defendant
after
Imparlance
,
may
say
that
the
Plaintiffe
is
his
wife
,
Judgment
if
Action
;
or
that
the
Plaintiffe
is
a
Monk
professed
.
And
in
Mordancester
that
the
Demandant
is
a
Bastard
.
And
in
Debt
against
Executors
,
after
Imparlance
he
may
say
he
was
never
Executor
,
nor
ever
administred
as
Executor
;
for
these
are
disabilities
which
go
in
Bar.
32
H.
6.
fol:
32.
It
seems
a
man
may
plead
after
a
Continuance
,
that
the
Plaintiffe
is
a
stranger
born
,
or
Monk
professed
,
Judgment
if
Action
,
and
not
to
the
person
.
36
H.
6.
fol:
7.
7
H.
6.
fol.
39.
It
seems
that
after
Imparlance
,
one
cannot
plead
to
the
Jurisdiction
,
unlesse
it
be
after
speciall
Imparlance
,
saving
all
advantages
,
as
well
to
the
Jurisdiction
of
the
Courts
as
to
the
Writ
,
and
Declaration
.
19
H.
6.
fol.
7.
Debt
by
Executor
,
which
shews
the
Will
(
as
it
behoveth
)
and
after
the
Defendant
imparles
,
there
he
shall
not
have
reading
of
the
Will
again
.
38
H.
6.
fol.
2.
But
if
he
plead
variance
,
he
shall
have
(
Reading
)
and
so
in
Debt
upon
Obligation
.
16
Ed.
4.
fol.
4.
Debt
upon
specialtie
,
the
Defendant
may
plead
Out-lawrie
in
the
Plaintiffe
,
though
he
hath
parled
;
for
that
is
a
Bar
,
and
intitles
the
King
.
4
Ed.
4.
fol.
15.
Debt
,
after
Imparlance
,
one
space
in
the
Count
cannot
be
amended
in
another
tearm
.
39
H.
6.
fol.
22.
Debt
upon
arrerages
of
annuitie
,
after
Imparlance
;
the
Defendant
cannot
have
hearing
of
the
Deed
:
But
if
the
Defendant
plead
that
it
was
made
in
another
County
,
then
where
the
Writ
was
brought
,
and
then
he
shall
shew
.
39
H.
6.
fol.
17.
the
same
.
Pleas
after
day
given
.
IF
the
Defendant
imparle
,
and
make
default
,
he
shall
be
condemned
,
and
upon
day
given
shall
issue
Processe
.
7
H.
6.
fol.
42.
19
H.
8.
fol.
6.
Note
by
all
the
Prothonotaries
that
(
day
given
)
is
ever
before
the
Count
,
and
Imparlance
is
after
the
Count
,
and
therefore
where
three
Capias
and
Exigent
is
awarded
,
and
the
Defendant
appear
upon
the
Exigent
,
and
hath
(
day
given
)
and
after
makes
default
,
Distringas
shall
go
,
and
upon
that
returned
,
(
Nihil
)
other
3
Capias
and
Exigent
,
and
upon
default
in
pers●r
all
action
,
he
shall
be
condemned
.
See
7
H.
6.
fol:
42.
20
H.
6.
fol:
17.
Trespas
,
the
Defendant
at
the
day
which
he
hath
by
Imparlance
saith
,
that
the
Plaintiffe
was
knight
day
of
the
Writ
purchased
,
not
named
knight
,
Judgment
of
the
Writ
,
and
had
plea
by
Judgment
.
Otherwise
it
is
said
after
continuance
by
(
day
given
.
)
42
Ed:
3.
fol:
1.
Debt
,
the
Defendant
came
at
the
Exigent
,
by
(
Reddidit
se
)
and
was
bayled
,
and
the
Plaintiffe
came
and
prayed
day
by
(
Prece
partium
)
and
had
it
,
notwithstanding
that
the
Defendant
was
by
Bayl
,
for
that
is
by
agreement
of
the
parties
.
8
H.
5.
fol:
8.
After
day
given
,
and
after
speciall
Imparlance
,
the
Defendant
may
plead
in
abatement
,
and
not
after
generall
Imparlance
.
14
H.
4.
fol:
14.
If
the
parties
be
at
Issue
,
and
the
Demandant
releases
to
the
Tenant
,
and
he
takes
continuance
by
request
of
the
parties
,
he
shall
not
plead
the
release
.
22
Ed:
3.
fol:
8.
The
Tenant
after
the
(
request
of
the
parties
)
was
received
to
plead
Joyntenancie
by
Fine
.
Pleas
after
Issue
,
and
at
the
Nisi
prius
day
in
Bench
,
and
after
Verdict
.
DOwer
,
by
Thorpe
,
the
day
of
the
Nisi
prius
,
and
the
day
in
Bench
is
not
all
one
to
all
respects
;
for
a
Writ
purchased
mean
between
the
Nisi
prius
and
day
in
Bench
,
shall
abate
,
for
the
first
Writ
is
hanging
till
Judgment
be
given
,
notwithstanding
the
Plaintiffe
was
non-suited
at
the
Nisi
prius
.
But
when
to
plead
any
Pleas
,
which
come
mean
between
them
,
there
shall
be
one
same
day
.
40
Ed:
3.
fol:
38.
28
H.
6.
fol:
1.
A
man
may
plead
a
Plea
after
last
continuance
at
the
Nisi
prius
.
Inquire
what
Pleas.
34
H.
6.
fol:
45.
At
the
day
of
the
Nisi
prius
,
the
Defennant
pleads
to
the
Writ
,
that
one
of
the
Plaintiffes
was
dead
after
the
last
continuance
at
D.
in
the
County
of
Darby
.
Judgment
of
the
Writ
,
and
had
it
.
47
Ed:
3.
fol:
2.
If
it
be
found
against
the
Plaintiffe
at
the
Nisi
prius
,
and
the
Plaintiffe
makes
default
at
the
day
in
Bench
,
yet
Judgment
shall
be
upon
the
Verdict
,
for
that
is
all
one
day
,
and
the
day
of
the
Nisi
prius
.
10
H.
7.
fol:
21.
Debt
upon
a
Lease
for
yeers
,
and
the
Issue
was
levyed
by
distresse
or
not
;
And
now
at
the
Nisi
prius
,
he
could
not
plead
a
Release
made
after
the
last
continuance
.
19
H.
6.
fol:
36.
Forging
of
false
Deeds
against
many
,
they
were
at
Issue
,
Processe
continued
against
the
Enquest
till
the
Jury
appeared
,
at
which
day
the
Defendant
pleads
arbitrement
after
the
last
continuance
,
and
upon
this
the
Jury
was
discharged
.
21
H.
6.
fol.
10.
Nisi
prius
was
returned
Octa
:
Mich
:
that
is
,
the
day
in
Bench
:
and
one
Plaintiffe
dyed
after
Octa
:
Mich
:
and
before
Judgment
given
upon
the
Verdict
;
And
the
Defendant
may
plead
that
,
for
Judgment
shall
have
relation
to
Octa
:
Mich
:
and
then
the
Defendant
cannot
have
remedie
by
Writ
of
Error
,
Audita
querela
,
nor
otherwise
;
therefore
he
shall
have
the
Plea
again
.
But
it
seems
that
the
Defendant
cannot
plead
Release
made
to
him
,
by
the
Plaintiffe
after
Verdict
,
for
he
shall
have
an
Audita
querela
,
contrary
of
his
death
,
the
day
of
Nisi
prius
,
and
the
day
in
Bench
were
all
one self
same
day
,
and
no
mean
time
;
and
therefore
Release
made
mean
between
these
two
cannot
be
pleaded
at
the
day
in
Bench
,
notwithstanding
it
seems
at
the
day
of
Nisi
prius
before
the
Jury
taken
.
The
Release
which
is
made
mean
between
the
Award
of
the
Writ
of
Nisi
prius
,
and
the
day
of
the
Nisi
prius
,
may
be
pleaded
at
the
Nisi
prius
.
See
10
H.
6.
tit
:
53
and
tit:
55.
Br.
22
H.
6.
fol:
1.
Dower
,
It
seems
if
the
Plaintiffe
release
to
the
Defendant
mean
between
the
award
of
the
Nisi
prius
and
the
day
of
the
Nisi
prius
,
there
if
the
Jury
remain
for
default
of
Jurors
,
the
Defendant
may
plead
this
Release
at
the
day
in
Bench
after
the
last
continuance
,
though
he
did
not
offer
it
at
the
day
of
Nisi
prius
,
and
contrary
it
seems
,
if
the
Jury
had
been
ready
at
the
Nisi
prius
.
36
H.
6.
fol:
24.
At
the
Nisi
prius
the
Enquest
past
for
the
Plaintiffe
,
and
he
released
before
the
day
in
Bench
,
the
Defendant
shall
have
an
Audita
querela
,
and
of
this
it
follows
,
that
the
Defendant
cannot
plead
that
at
the
day
in
Bench
after
the
last
Continuance
.
34
H.
6.
fol:
3.
21
H.
7.
fol:
33.
After
the
Enquest
taken
by
default
,
the
Defendant
cometh
before
Judgment
,
and
pleads
that
he
and
the
Plaintiffe
have
put
themselves
to
Arbitrement
after
the
last
Continuance
,
&c.
And
by
the
opinion
of
the
Court
,
he
hath
no
day
in
Court
to
plead
that
Plea
.
And
it
was
said
that
he
shall
plead
no
plea
in
such
case
,
but
as
a
freind
to
the
Court
.
But
of
matter
apparent
he
shall
be
received
,
but
in
the
Kings
case
,
he
shall
have
that
by
plea
;
for
he
hath
no
other
remedie
.
But
in
the
case
between
common
persons
,
he
shall
have
Audita
querela
,
contrary
against
the
King
.
11
H.
7.
fol:
10.
tit
.
B.
61.
38
H.
6.
fol:
33.
Debt
by
Moyle
,
the
Defendant
after
that
he
was
at
Issue
might
once
plead
plea
,
after
the
last
Continuance
,
as
release
or
such
like
,
notwithstanding
no
oftner
then
once
.
41
Book
of
Ass
:
19.
If
Verdict
passe
for
the
Plaintiffe
,
and
the
Defendant
get
a
release
before
Judgment
,
yet
he
cannot
plead
that
.
21
Ed:
4.
fol:
52.
Adjudge
that
the
Defendant
cannot
plead
Release
,
made
mean
between
the
Nisi
prius
and
the
day
in
Bench.
16
Ed:
4.
fol:
5.
A
man
may
plead
a
Plea
after
the
last
Continuance
,
after
Issue
joyned
,
and
in
another
Tearm
.
And
therfore
it
seems
,
that
the
parties
have
day
in
Court
,
as
well
after
Issue
joyned
till
Verdict
,
as
before
.
50
Ed:
3.
fol:
4.
Imparlance
at
a
day
in
the
same
Tearm
,
and
at
a
day
and
Tearm
between
,
and
Imparlance
of
the
Plaintiffe
.
COntinuance
by
Capias
,
ought
to
be
made
from
Tearm
to
Tearm
,
and
cannot
have
other
Tearm
between
;
for
that
,
that
the
party
shall
not
stay
so
long
in
prison
,
but
continuance
by
distresse
may
be
made
by
a
Tearm
between
,
as
from
Michaelmasse
Tearm
to
Easter
.
8
Ed:
4.
fol.
13.
12
H.
7.
fol:
Common
recoveries
for
assurance
,
the
Tenant
tenders
Issue
,
the
Demandant
may
Imparle
to
a
day
in
the
same
Tearm
.
44
Ed:
3.
fol:
16.
If
a
man
Imparle
to
another
day
in
the
same
Tearm
,
or
till
the
next
day
,
yet
that
is
a
new
day
,
at
which
the
parties
are
demandable
.
37
H.
6.
fol:
27.
Debt
,
Defendant
pleads
misnaming
of
himself
,
and
the
Plaintiffe
Imparles
,
and
had
it
.
22
Ed.
4.
fol.
19.
Where
the
Defendant
in
appeal
of
Robbery
,
by
which
he
put
his
life
in
jeopardie
,
the
Plaintiffe
shall
not
Imparle
to
that
,
and
therefore
ruled
that
he
should
answer
the
Court
sitting
.
What
Pleas
he
shall
have
after
the
last
Continuance
.
WHere
the
parties
and
Jury
appear
at
the
fourth
day
in
the
Common
Bench
,
and
are
adjourned
,
at
another
day
a
man
may
plead
a
Plea
after
the
last
Continuance
.
28
H.
6.
fol.
1.
8
Ed.
4.
fol.
9.
Where
a
man
pleads
death
of
the
Defenfendant
,
hanging
the
Writ
,
he
shall
not
plead
that
after
the
last
Continuance
,
for
that
by
this
the
Writ
is
abated
in
deed
,
contrary
of
a
Plea
which
proves
the
Writ
abateable
.
34.
H.
6.
fol:
49.
At
the
day
of
Nisi
prius
,
the
Defendant
pleads
to
the
Writ
,
that
one
of
the
Plaintiffes
was
dead
after
the
last
continuance
,
at
D.
in
the
County
of
Darby
,
Judgment
of
the
Writ
and
the
Plea
recorded
,
and
the
matter
adjourned
,
and
had
that
Plea
.
14
H.
6.
fol:
9.
38.
Ed:
3.
fol:
5.
Precipe
by
a
Woman
,
the
Tenant
tenders
his
Law
of
not
summoned
,
and
at
the
day
was
essoyned
,
and
at
the
day
saith
that
the
Demandant
took
a
Husband
after
the
Law
tendered
,
and
for
that
,
that
he
did
not
say
after
the
last
continuance
,
that
is
after
the
essoyn
,
it
was
held
no
Plea
.
4.
H.
7.
fol:
8.
A
man
shall
have
but
one
Plea
after
the
last
continuance
,
38.
H
:
6.
fol:
33.
the
same
.
16
Ed:
4.
fol:
5.
A
man
may
plead
a
Plea
after
the
last
continuance
after
Issue
joyned
,
and
in
another
Tearm
,
till
Verdict
,
but
not
mean
between
Nisi
prius
and
the
day
in
Bench.
●
.
H.
7.
fol:
8.
A
man
shall
not
have
a
Plea
after
the
last
continuance
,
unlesse
such
Pleas
which
were
not
in
being
,
at
the
time
of
the
first
Plea
,
for
otherwise
it
is
not
after
the
last
continuance
.
Maintenance
.
In
so
much
that
Maintenance
may
be
the
better
avoided
,
let
us
see
what
maintenance
is
forbidden
by
the
Law
THat
no
Clark
of
a
Justice
or
Sheriffe
shall
not
maintain
parties
in
quarrels
,
nor
in
businesses
which
are
in
the
Kings
Court
,
West
:
2.
chap
:
28.
That
none
of
the
Kings
Counsellors
,
nor
none
of
his
house
,
nor
none
of
his
other
servants
,
nor
no
great
ones
of
the
Land
by
sending
of
their
Letters
,
nor
in
other
manner
,
nor
no
other
of
the
Realm
,
shall
not
undertake
to
maintain
quarrels
,
nor
parties
in
the
Country
in
disturbance
of
the
Common
Law
,
1
Ed:
3.
chap
:
14.
See
20
Ed:
3.
chap
:
3.
That
no
Counsellor
,
Officer
,
or
Servant
,
nor
any
other
persons
,
shall
not
uphold
or
maintain
any
quarrels
by
maintenance
,
in
the
Country
nor
elsewhere
,
first
of
R.
2.
chap
:
4.
That
henceforth
none
buy
or
sell
,
or
take
promise
,
grant
or
Covenant
,
to
have
Mannors
,
Lands
,
Tenements
,
or
hereditaments
.
But
if
such
person
which
sells
,
their
Heirs
,
or
they
by
whom
they
claim
have
been
in
possession
of
the
same
,
or
of
the
reversion
or
remainder
of
that
,
or
hath
taken
Rents
or
profits
of
that
,
by
the
space
of
one
whole
year
,
next
before
that
bargain
,
Covenant
,
Grant
,
or
promise
,
made
upon
pain
of
him
that
bargains
,
to
forfeit
the
value
of
the
Lands
,
And
the
Buyer
also
knowing
that
to
forfeit
also
the
value
of
the
Land
,
the
one
half
to
the
King
,
the
other
to
him
which
will
sue
for
the
same
,
within
one
year
after
the
same
offence
.
And
it
is
also
Enacted
,
that
none
from
henceforth
unlawfully
maintain
;
or
cause
,
or
procure
any
unlawfull
maintenance
in
any
action
or
complaint
,
in
any
of
the
Courts
of
the
King
of
the
Chancery
:
Starr-Chamber
,
White-Hall
,
or
otherwhere
within
the
Kings
Dominions
,
where
they
have
power
to
hold
Plea
of
Land
by
Commission
,
Patent
,
or
Writ
.
And
also
that
none
shall
instruct
Jurors
or
subborn
Witnesses
,
by
Letters
,
Promises
,
or
by
any
other
sinister
labour
or
means
,
to
maintain
any
matter
or
cause
,
or
to
hinder
Justice
,
or
to
procure
or
occasion
any
manner
of
perjury
,
upon
pain
of
forfeiture
,
for
every
such
offence
10
l.
one
half
to
the
King
,
and
the
other
to
him
that
will
sue
for
the
same
,
within
one
year
after
the
same
offence
,
32.
H.
8.
chap
:
9.
If
one
will
say
he
will
maintain
,
and
doth
it
not
,
he
shall
not
be
punished
for
maintenance
,
And
Champerty
lies
,
where
one
purchases
,
hanging
the
Suit
,
9.
H.
7.
fol:
18.
See
3
H.
6.
fol:
53.
It
seems
it
is
no
maintenance
to
give
money
before
a
Suit
begins
,
but
hanging
the
Suit
,
Maintenance
,
the
Writ
was
in
Plea
,
which
was
hanging
,
he
maintains
,
and
it
is
good
,
and
it
seems
it
is
better
to
say
in
Plea
,
which
was
hanging
,
10.
H.
7.
f.
27.
It
seems
one
may
covenant
to
have
part
of
an
Obligation
when
it
is
recovered
,
for
travelling
with
an
Alien
which
cannot
speak
English
,
nor
Latine
to
his
Counsell
,
so
one
may
covenant
with
one
indebted
to
him
,
and
deliver
him
the
Obligation
of
another
,
in
satisfaction
of
his
Debt
,
to
sue
in
his
name
,
and
notwithstanding
that
he
paid
Counsell
,
it
is
no
Champerty
.
Every
Champerty
implies
in
it
Maintenance
,
but
not
of
the
contrary
,
and
he
to
whose
use
,
and
every
one
that
hath
lawfull
Interest
in
the
Land
may
maintain
,
15
H.
7.
f.
2.34
.
H.
6.
fol.
33.
the
same
.
By
Fineux
,
If
a
Servant
be
arrested
for
Debt
,
or
other
thing
in
London
,
or
other
Franchise
,
the
Master
may
maintain
him
,
and
spend
of
his
proper
money
for
losse
of
his
Service
,
Inquire
.
But
otherwise
it
is
in
Precipe
,
21
H.
7.
fol.
40.
B.
See
21
H.
6.
fol.
19.
by
Newton
.
By
Newton
,
and
Paston
,
Servant
may
pray
one
skilled
in
the
Law
,
to
be
of
Counsell
with
his
Master
,
but
a
stranger
cannot
pray
one
to
be
of
Counsell
with
my
Adversary
,
for
he
hath
nothing
to
do
,
21
H.
6.
fol.
19.
If
a
man
be
at
the
Barre
,
and
another
informs
the
Court
,
that
this
man
can
declare
the
truth
,
and
pray
that
he
be
sworn
;
and
by
the
commandement
of
the
Court
he
swears
,
this
is
Maintenance
iustifiable
,
but
if
he
had
said
for
one
,
or
the
other
,
of
his
own
head
,
this
is
Maintenance
punishable
:
the
same
Law
,
if
he
informe
a
Jury
sworn
,
of
his
own
head
,
it
is
Maintenance
punishable
,
28
H.
6.
f.
6.
The
Master
may
pray
one
skilled
in
the
Law
,
to
be
Counsell
with
his
Servant
,
and
this
is
Maintenance
iustifiable
,
but
he
cannot
give
of
his
own
proper
goods
to
distribute
to
men
of
the
Countrey
,
for
maintaining
his
quarrell
;
for
then
he
meddles
with
a
thing
forbidden
by
the
Law
;
and
by
Prisot
he
may
iustifie
giving
money
to
Lawyers
to
be
of
Counsell
with
his
Servant
,
but
not
to
give
money
to
others
,
not
learned
in
the
Law
,
28.
H.
6.
fol.
12.
By
Fortescue
,
Master
may
pray
one
learned
in
Law
,
to
be
of
Counsell
with
his
Servant
,
but
not
to
give
to
them
money
,
unless
it
be
of
his
Wages
,
and
he
saith
one
skilled
in
the
Law
,
may
be
of
Counsell
without
a
Fee
,
Inquire
31.
H.
6.
f.
2.36
H.
6.
fol.
29.3
H.
6.
f.
55.
Maintenance
one
may
iustifie
,
for
that
he
is
his
Servant
,
but
he
cannot
give
money
.
Maintenance
,
Defendant
iustifies
that
he
is
a
Bail
,
and
that
he
came
to
the
Defendants
Attorney
,
and
prayed
him
to
be
carefull
,
the
which
is
the
same
Maintetenance
,
by
Priso●
,
it
is
not
good
to
say
it
is
the
same
maintenance
,
for
this
is
no
Maintenance
,
for
every
stranger
may
pray
the
Attorney
,
for
it
is
the
part
of
an
Attorny
to
attend
to
that
,
and
for
that
it
is
no
Maintenance
,
32
H.
6.
f.
29.
It
is
iustifiable
to
speak
to
a
Lawyer
for
him
,
that
he
cannot
speak
English
,
and
by
Laken
,
Master
may
pay
money
of
his
Servants
Wages
to
the
Counsell
,
by
the
consent
of
his
Servant
,
but
a
Bail
cannot
pray
a
man
learned
in
the
Law
,
to
be
of
Counsell
,
but
may
come
and
see
if
his
appearance
be
recorded
,
and
it
seems
that
the
Father
may
give
of
his
own
money
for
his
Sonne
and
Heir
,
for
he
is
bound
to
find
him
,
contrary
of
another
Cozine
,
34
H.
6.
fol.
27.
B.
If
one
be
retained
to
ride
to
London
,
and
when
he
comes
there
to
maintain
him
,
this
is
not
instifiable
,
but
it
seems
otherwise
,
if
he
were
hired
for
the
iourney
,
that
is
iustifiable
,
and
the
same
of
a
Servant
,
39
H.
6.
fol.
6.19
H.
6.
fol.
31.
Where
one
hath
property
in
the
thing
demanded
,
he
may
maintain
by
Moyle
,
as
goods
or
writings
are
delivered
to
J.S.
and
Detinue
is
brought
against
him
by
a
stranger
,
the
Deliverer
may
maintain
,
and
in
Precipe
quod
reddat
,
or
Ass
.
against
a
Farmer
the
Lessor
may
maintain
,
39
H.
6.
f.
21.
See
9
H.
6.
f.
64
the
same
.
Where
one
hath
Rent
out
of
Land
in
Fee
,
and
hath
the
Writings
granted
unto
him
by
R.
the
Grantee
may
maintain
R.
in
Detinue
of
writings
of
the
same
Rent
,
and
it
seems
that
a
Master
may
maintain
his
Servant
,
and
a
man
may
maintain
his
blood
,
and
his
kindred
,
and
give
money
to
the
poore
,
and
that
Maintenance
is
iustifiable
,
and
he
in
Reversion
may
maintain
his
Tenant
for
life
,
after
Attournment
,
and
not
before
,
and
this
is
seen
in
giving
his
own
proper
money
,
9
H.
6.
f.
64.
See
14
H.
7.
f.
2.
by
Reade
.
In
attaint
,
it
seems
that
one
may
aid
and
maintaine
his
Cozen
in
aiding
and
councelling
him
at
the
bar
,
12
H.
6.
f.
2.
R.
Maintenance
in
Assise
of
Fresh
force
,
Defendant
Justifies
for
that
he
was
of
his
aliance
,
and
shews
how
cozen
,
and
it
seemed
good
,
by
which
the
Plaintif
saith
that
he
promised
ten
shillings
peice
to
two
of
the
Jury
to
passe
for
him
,
20
H.
6.
f.
1.21
H.
6.
f.
19.
By
Paston
a
man
may
maintaine
his
Kinn
and
his
Allies
.
Maintenance
,
Defendant
justifie
,
that
the
party
was
his
Chapleine
●etained
with
him
,
and
he
gave
him
notice
who
he
should
have
of
his
Councell
,
which
is
the
same
maintenance
,
and
it
seems
that
is
no
maintenance
:
And
for
that
the
Defendant
saith
,
that
he
was
at
the
Barr
to
aid
him
,
and
that
is
a
good
Justification
to
say
that
is
the
same
maintenance
,
19
H.
6
,
f
,
30.
In
maintenance
,
Defendant
cannot
plead
not-guilty
,
but
he
ought
to
answer
to
the
point
of
the
Writ
,
that
is
to
say
,
he
did
not
maintaine
,
ready
to
Justifie
,
and
others
to
the
contrary
,
8
H.
6.
fol.
36.
But
by
2
Ed.
4
,
fol.
16
,
In
maintenance
not
guilty
,
is
pleaded
and
allowed
.
By
Choke
,
if
my
Brother
or
Cozen
hath
a
Suit
in
the
Law
and
praies
me
to
aid
him
to
learned
councell
,
and
I
pray
a
man
to
be
of
his
Councell
,
this
is
a
good
Plea
in
maintenance
,
contrary
if
a
stranger
do
it
,
but
if
he
gives
his
own
Money
for
his
Brother
or
Cozen
,
this
is
speciall
maintenance
,
9
Ed.
4.
fal
.
34.
In
action
upon
the
Statute
of
Laborers
.
Where
Tenant
in
taile
or
for
life
is
impleaded
,
he
in
remainder
or
Reversion
may
maintaine
,
and
give
of
his
proper
Money
for
safegard
of
his
Interest
,
for
he
which
hath
Interest
in
the
land
may
maintaine
to
save
that
,
1
Ed.
6.
tit
.
53.
Maintenance
.
It
is
held
a
difference
between
action
reall
,
where
land
may
come
to
him
,
and
an
action
personall
,
for
he
to
whom
lands
may
come
as
by
Remainder
,
Reversion
,
Discent
,
and
such
like
,
may
maintaine
in
action
reall
.
And
by
Brian
,
a
man
may
shew
to
another
,
who
is
a
man
learned
in
the
law
for
the
party
to
retaine
,
but
he
may
not
give
Money
to
the
Counsellor
,
and
one
Neighbour
may
go
with
another
to
seek
Councell
,
and
a
man
may
maintaine
his
Servan●
and
give
of
his
wages
behinde
,
and
otherwise
not
to
give
Money
,
but
he
may
lend
to
him
or
another
Money
,
and
and
that
is
no
maintenance
,
but
he
in
Reversion
or
Remainder
,
may
give
money
where
the
land
is
in
question
.
And
the
Servant
may
maintaine
his
Master
,
as
to
go
and
labour
for
him
,
but
he
cannot
give
of
his
proper
money
for
him
:
And
so
it
seems
that
he
who
hath
marryed
the
Daughter
of
one
party
,
may
maintain
him
in
an
action
Reall
,
but
not
in
an
Action
personall
,
19
Ed.
4.
fol.
3.
Br.
Upon
the
Statute
of
,
32
H.
8.
chap.
9.
That
a
man
shall
not
buy
land
,
unlesse
the
Seller
hath
been
in
possession
by
a
year
before
,
it
was
agreed
in
Sergeants
Inne
,
that
if
a
man
Mortgage
his
Land
,
and
redeeme
it
,
and
he
sells
it
within
a
yeare
after
the
redemption
,
that
he
may
doe
it
without
danger
of
the
Statute
;
for
the
Statute
is
to
be
intended
of
pretenced
title
,
and
not
of
a
cleere
title
.
And
the
ancient
Statutes
are
that
none
shall
maintaine
,
yet
one
may
maintaine
his
Cozen
,
as
above
,
for
they
are
to
be
intended
of
unlawfull
maintenance
,
that
is
,
that
unlawfully
one
cannot
maintaine
,
6
Ed.
6.
tit.
38.
maintenance
.
One
skilled
in
the
Law
may
give
evidence
for
his
Fee
to
the
Jury
,
and
t
is
no
Imbracery
:
But
is
Imbracery
in
another
,
unlesse
he
be
sworn
,
6
Ed.
4.
f.
5.
If
Precipe
be
brought
against
me
,
and
hanging
that
I
infeoff
J.S.
and
the
Demandant
recovers
by
default
after
default
,
and
I
bring
Writ
of
deceit
,
it
seems
J.S.
cannot
maintaine
,
for
that
,
that
the
possession
which
he
hath
is
Champerty
and
against
the
Law
,
8
Ed.
4.
fol.
13.
Maintenance
,
the
Defendant
justifies
that
he
is
his
Neighbour
,
and
knew
no
man
skild
in
the
Law
,
and
he
informed
him
of
one
,
and
a
good
Justification
,
by
which
the
Plaintiff
shewed
speciall
maintenance
that
is
giving
Money
to
the
Jurors
,
12
Edw.
4.
fol.
14.
See
19
Edw.
4.
fol.
3
Maintenance
,
the
Defendant
may
plead
that
he
was
a
Juror
,
and
that
is
good
,
without
saying
that
he
gave
Verdict
,
but
if
after
Verdict
given
,
the
Juror
praies
Judgment
,
this
is
maintenance
,
18
Ed.
4.
fol.
2.
If
a
Juror
give
Money
to
his
Companion
to
passe
,
this
is
maintenance
notwithstanding
that
it
be
for
truth
:
But
to
perswade
him
to
passe
,
is
no
maintenance
,
17
Edw.
4.
fol.
5.
One
may
be
baile
,
and
that
is
no
maintenance
,
so
that
he
do
not
meddle
more
in
the
matter
,
18
Ed
4.
fol.
13.
Trespas
of
digging
land
,
the
Defendant
justifies
,
for
that
that
the
place
where
,
is
their
Church-yard
,
and
that
the
Inhabitants
have
used
there
to
be
buried
,
and
for
making
grave
there
justifies
,
and
field
,
that
all
the
Inhabitants
may
maintaine
in
this
action
,
though
they
were
not
parties
,
18
Ed.
4.
fol.
2.
See
before
,
15
H.
7.
fol.
2.
That
every
one
that
hath
lawfull
interest
may
maintaine
.
Maintenance
,
supposing
that
the
Defendant
maintained
A.
in
Assise
:
The
Defendant
saith
that
A.
held
of
him
by
which
he
came
with
him
to
the
Assise
,
&
staid
with
him
,
pray'd
the
Sheriff
to
make
an
indifferent
pannell
,
which
is
the
same
maintenance
,
and
it
is
a
good
Plea
,
11
H.
6.
f.
39.
Generall
Attorney
which
sues
,
and
is
not
skilled
in
the
Law
,
may
well
meddle
,
but
he
cannot
proffer
Money
to
a
Jury
,
but
may
pray
them
to
appeare
,
34
H.
6.
fol.
27.
By
Choke
.
Maintenance
,
he
cannot
justifie
for
that
,
that
he
was
an
Attorney
retained
with
him
,
and
that
by
commandement
of
his
Master
he
retained
Councell
,
and
gave
to
them
forty
pence
of
his
Masters
Money
,
and
good
Inquire
if
an
Attorney
cannot
retaine
Councell
without
the
commandement
of
his
Clyent
,
and
if
he
may
not
disburse
of
his
proper
Moneys
for
the
time
:
But
Attorney
cannot
give
of
his
proper
Money
,
nor
of
his
Masters
money
to
Jurors
.
36
H.
6.
fol.
29.11
H.
6.
fol.
13.
the
same
.
Maintenance
,
the
Defendant
saith
that
he
was
an
Attorney
in
the
action
Judgment
if
action
,
and
good
.
But
he
cannot
give
any
thing
to
the
Jury
but
as
an
Attorney
,
and
give
Evidence
to
the
Jury
for
his
Clyent
he
may
,
13
H.
4.
f.
19.
If
a
man
maintaine
a
quarrell
by
his
Attorney
,
action
of
maintenance
lies
against
the
Master
,
22
H.
6.
f.
24.
And
by
Newton
,
If
a
man
of
great
power
in
the
Countrey
,
will
say
in
the
presence
of
the
people
,
that
he
will
spend
twenty
pound
for
one
party
,
or
will
give
twenty
pound
to
labour
for
the
party
,
though
he
give
nothing
,
is
maintenance
,
see
before
,
9
H.
7.
fol.
18.
Maintenance
against
a
Servant
of
one
by
Fortescue
,
if
he
meance
Jurors
to
out
them
of
their
Tenures
,
if
they
do
not
pa●e
with
his
Master
,
this
is
special
Maintenance
in
the
Servant
,
19
H.
6.
f.
30.
A
man
skilled
in
Law
may
do
his
endeavour
for
his
Client
,
and
it
is
no
maintenance
,
if
the
Plaintiff
cannot
alleadge
other
special
matter
forbidden
by
the
Law
,
8
H.
4.
f.
6.
B.
Embraceor
,
is
he
which
comes
to
the
Barr
with
the
party
,
and
speaks
in
the
matter
,
or
is
there
to
overlook
the
Jury
,
or
to
put
them
in
feare
:
but
men
skilled
in
Law
may
speak
in
the
Cause
,
for
their
Money
,
but
they
cannot
labour
the
Jury
;
and
if
they
take
money
to
do
that
,
they
are
Embraceors
.
Fitzh
.
f.
71.
A.
Tenures
and
Services
.
It
is
expedient
to
know
the
Services
and
Tenures
which
your
Tenants
shall
do
:
and
first
,
of
the
Tenure
in
cheif
,
and
other
Tenures
of
the
King
,
and
then
of
other
Lords
.
FIrst
,
Tenure
in
cheif
is
called
,
where
one
holds
of
the
King
meerly
as
of
his
Crown
,
which
is
a
Signiory
ingrosse
,
for
that
it
is
held
of
him
which
is
alwayes
King
,
and
not
of
the
King
as
of
his
Mannour
of
D.
&c.
Fuzh.
3.
D.
If
any
Land
be
held
of
the
King
,
as
of
the
Honour
,
Castle
,
or
Mannour
,
such
Lands
are
not
held
of
the
King
in
cheif
,
and
this
is
proved
by
the
Writ
of
Right
,
which
shall
be
directed
in
such
a
Case
to
the
Bailiffs
of
the
Honour
,
Castle
,
or
Mannour
.
Also
the
Statute
of
Magna
Charta
,
chap.
31.
is
,
if
any
hold
of
any
Escheat
,
as
of
his
Honour
of
Wallingford
,
Nottingham
,
Bullo
gne
,
Lanca●●er
,
and
of
other
Escheats
which
are
in
Our
hand
,
and
are
of
Baronies
,
and
dies
,
his
Heir
shall
not
give
other
releif
,
nor
make
to
us
other
Service
,
then
the
Barons
should
make
,
if
that
Barony
were
in
the
hands
of
the
Baron
,
and
we
in
the
same
manner
will
hold
it
as
the
Baron
held
it
.
1
Ed.
6.
chap.
4.
also
is
,
that
where
a
King
hath
,
or
after
shall
have
any
Dukedomes
,
Baronies
,
Castles
,
Mannours
,
Land
,
Tenements
,
Fees
,
or
Signiories
,
by
Attainder
,
Conviction
,
Outlary
,
or
by
Dissolution
of
Monasteries
,
which
Lands
held
of
them
by
Knights
Service
,
Socage
,
or
otherwise
,
shall
not
be
construed
to
hold
in
chief
,
nor
as
Tenure
in
cheif
.
See
in
Br.
Tit.
Tenures
,
100.
Littleton
,
fol.
31.
Tenure
of
the
King
in
Burgage
is
,
where
an
ancient
Town
is
,
of
which
the
King
is
Lord
,
and
those
which
have
Tenements
within
the
Borough
,
hold
of
the
King
their
Tenements
,
that
every
Tenant
by
his
Tenure
ought
to
pay
to
the
King
a
certain
Rent
by
the
year
,
and
such
Tenure
is
but
Tenure
in
Socage
.
Fitzh
.
6.
D.
Lands
and
Tenements
within
Cities
and
Townes
are
held
of
the
King
in
Burgage
Tenure
,
and
it
behoveth
that
a
Writ
of
Right
Patent
of
them
shall
be
directed
to
Mayors
,
Sheriffs
,
and
Bailiffs
,
as
Bailiffs
,
and
Officers
of
the
King
,
as
if
Lands
were
held
of
the
King
,
as
of
any
Honour
,
Castle
,
or
Mannour
,
by
which
it
appears
,
Tenure
in
Burgage
is
Socage
Tenure
,
and
not
Socage
in
cheif
:
Fitzh
.
fol.
1.
J.
the
same
.
Stamford
,
13.
If
one
hold
of
the
King
in
Burgage
,
the
King
shall
not
have
(
first
Seisin
)
but
otherwise
it
is
where
he
holds
of
the
King
by
Knights
Service
in
cheif
,
or
by
Socage
in
cheif
,
for
the
Statute
of
the
Kings
Prerogative
,
chap.
3.
is
,
the
King
shall
have
the
first
Seisin
after
the
Death
of
them
,
which
of
him
held
in
cheif
,
of
all
Lands
,
and
Tenements
of
which
they
were
seised
in
their
Demesn
,
as
of
Fee
,
whatsoever
age
their
Heirs
were
of
,
and
that
is
taken
as
well
of
Socage
in
cheif
,
as
otherwise
in
cheif
.
7
H.
6.
fol.
3.
The
King
shall
have
first
Seisin
,
where
his
Tenant
dies
seised
in
his
Demesne
as
of
Reversion
.
47
Ed.
3.
fol.
21.
If
the
King
purchase
Lands
which
is
held
of
others
,
by
this
all
the
Services
are
extinguished
,
and
if
he
infcoff
others
to
hold
of
him
,
he
shall
hold
of
his
Crown
in
cheif
,
by
Finchden
:
and
also
when
an
Honour
is
seised
into
the
Kings
hands
,
and
a
Mannour
is
held
of
that
Honour
,
which
escheats
unto
him
,
as
of
common
Escheat
,
if
he
alien
to
hold
of
him
,
he
shall
hold
as
he
held
before
of
the
Honour
,
and
by
the
same
Services
;
but
if
he
come
in
as
by
Forfeiture
,
by
Warr
,
or
Escheat
,
which
is
because
of
his
own
person
,
and
he
seise
,
and
infeoff
others
,
they
shall
hold
in
cheif
,
if
the
King
do
not
expresse
other
Tenure
.
33
H.
6
fol
7.
By
Prisot
,
if
the
King
seise
Land
by
Forfeiture
of
Treason
,
and
grant
that
over
,
to
hold
of
the
cheif
Lord
,
by
the
Service
due
,
&c.
that
in
this
case
he
shall
hold
of
the
cheif
Lord
,
as
it
hath
been
adjudged
.
44
Ed.
3.
f.
45.
The
King
gives
Lands
to
one
,
to
hold
to
him
and
his
Heirs
,
by
the
Services
due
,
&c.
and
by
all
the
Justices
,
that
is
Tenure
by
Knights
Service
.
11
H.
4.
fol.
71.
It
was
recorded
in
the
Exchequer
,
that
such
a
one
holdeth
so
much
Land
of
our
Lord
the
King
by
Serjeanty
,
to
finde
one
Man
for
the
Warr
wheresoever
within
the
four
Seas
:
and
by
Hank
,
it
is
great
Serieanty
,
to
be
made
by
the
Body
of
a
Man
.
13
H.
7.
fol.
16.
If
one
hold
of
the
Dutchy
of
Cornwall
,
it
is
in
cheif
,
for
it
was
ancient
Lands
of
the
Crown
.
Fitzh.
165.
A.
To
hold
Land
to
pay
certain
Rent
to
the
Keeper
of
the
Castle
of
Dover
,
is
a
Tenure
in
cheif
.
See
Littleton
,
23.
See
5
Ed.
4.
f.
127.
19
R.
2.
Tit.
185.
Guard
.
F.
Keeper
of
a
Castle
in
England
is
Knights
Service
,
for
it
countervailes
Escuage
,
and
is
of
the
same
nature
.
8
H.
7.
fol.
12.
If
I
hold
of
the
King
,
and
he
grants
the
same
Service
to
me
,
yet
I
shall
hold
of
the
King
,
for
all
is
held
of
the
King
mediately
or
immediately
.
Magna
Charta
,
chap.
20.
See
there
for
keeping
of
a
Castle
.
38
H.
8.
Tit.
60.
B.
Livery
,
where
the
Heir
was
in
Ward
to
the
King
,
and
come
to
full
age
,
there
he
shall
sue
Livery
out
of
the
Kings
hands
:
and
the
first
Seisin
is
,
where
the
Heir
is
of
full
age
,
at
time
of
the
Death
of
his
Ancestor
,
and
where
his
Tenant
holds
in
Socage
in
cheif
,
and
dies
.
10
H.
7.
f.
23.
If
one
hold
of
the
King
to
inclose
a
Park
,
he
may
by
his
Grant
after
reserve
for
that
six
Marks
;
and
the
King
is
not
bound
by
the
Statute
of
Westminster
the
third
.
It
is
held
21
Ed.
3.
fol.
41.
The
King
gives
the
honour
of
Barkhamsted
to
the
Prince
,
and
his
Heirs
Kings
of
England
;
and
so
it
seems
,
that
Lands
held
of
that
Honour
,
seems
to
be
held
in
cheif
,
yet
Magna
Charta
is
,
that
Honour
is
not
properly
in
cheif
.
26
H.
8.
fol.
10.
By
Fitzh
.
Lands
in
the
County
Palatine
of
Lancaster
held
of
the
Dutchy
,
the
King
there
hath
kingly
Rights
,
and
there
Livery
shall
be
sued
.
17
H.
8.
fol.
31.
Tenant
of
the
King
in
cheif
,
makes
a
Gift
in
Tail
without
licence
,
the
King
may
choose
the
Donee
or
Donor
for
his
Tenant
.
And
if
Tenant
of
the
King
before
the
Statute
of
We
m.
3.
make
a
Feoffment
,
the
King
may
choose
the
Feoffee
or
Feoffor
for
his
Tenant
,
4
H.
6.
f.
19.
33
H.
8
Tit.
94.
B.
in
the
Exchequer
,
3
Ed.
3.
Rot.
2.
It
was
found
that
a
man
held
of
the
King
in
cheif
,
as
of
his
Honour
of
Raleigh
,
and
it
was
taken
no
Tenure
in
cheif
,
but
a
Tenure
of
an
Honour
,
otherwise
it
is
if
the
Honour
be
annexed
to
the
Crown
,
for
then
the
Honour
is
in
cheif
.
And
in
the
year
11
H.
7.
The
Honour
of
Raleigh
was
annexed
to
the
Crown
,
and
so
it
is
in
cheif
.
But
where
the
King
gives
Lands
to
be
held
of
him
by
Fealty
,
and
two
pence
for
all
Services
,
that
is
Socage
in
cheif
,
for
it
is
of
the
Kings
person
,
and
contrary
if
it
were
to
be
held
of
the
Mannour
of
B.
24
Ed.
3.
Tit.
19.
He
which
holds
of
the
King
by
Service
to
finde
a
Man
to
serve
in
the
War
,
by
forty
Dayes
at
his
own
Charge
,
this
is
great
Serjeanty
Tit.
69.
Br.
That
a
Tenure
to
finde
one
Horse
,
and
such
like
,
is
but
small
Serjeanty
,
for
it
is
not
corporal
Service
.
44
Ed.
3.
f.
45.
The
King
gives
the
Fee-farm
of
a
Town
,
that
is
,
such
a
Rent
,
to
be
held
for
term
of
life
,
and
after
confirmes
to
him
,
and
to
his
Heirs
,
to
be
held
by
the
Services
due
,
and
this
is
held
Knights
Service
of
the
King
,
for
the
most
high
,
and
better
shall
be
taken
for
the
King
:
and
by
Fitzh.
263.
B.
it
appears
,
that
Rent
may
be
held
of
the
King
by
Knights
Service
in
cheif
as
well
as
Land
,
&c.
10
H.
6.
f.
12.
Rent
lies
in
Tenure
of
the
King
.
14
H.
6.
f.
12.
If
the
King
grant
Land
to
me
in
Fee
,
to
be
held
as
freely
as
the
King
is
in
his
Crown
,
yet
I
shall
hold
of
the
King
,
and
if
I
alien
without
licence
,
I
shall
make
Fine
,
for
this
is
vested
in
the
King
by
his
Prerogative
,
and
shall
not
pass
out
of
his
Person
by
general
words
;
by
Paston
in
the
end
of
the
Case
.
45
Ed.
3.
fol.
6.
By
Finchden
,
if
my
Tenant
infeoff
the
King
,
and
takes
back
of
the
King
,
to
hold
of
the
King
,
yet
he
is
my
Tenant
in
right
,
and
shall
hold
of
the
King
also
.
But
inquire
of
the
Tenure
of
me
,
for
the
Tenure
was
once
extinct
,
by
the
Kings
Possession
.
29
H.
8.
Tit.
61.
B.
If
the
King
purchase
a
Mannour
which
J.
S.
holds
,
the
Tenant
shall
hold
as
he
held
before
,
and
he
shall
not
render
Livery
,
nor
first
Seisin
,
and
he
shall
not
hold
in
cheif
:
and
it
is
said
,
if
the
King
grant
the
Mannour
to
W.
N.
in
Fee
,
except
the
Services
of
J.S.
Now
J.S.
holds
of
the
King
as
of
the
Person
of
the
King
,
and
yet
he
doth
not
hold
in
cheif
,
but
as
he
held
before
;
for
the
act
of
the
King
shall
not
prejudice
the
Tenant
.
31
H.
8.
Tit.
70.
B.
Lord
and
Tenant
,
the
Tenant
is
attaint
of
Treason
by
Act
of
Parliament
,
and
so
forfeits
all
his
Lands
,
and
after
is
pardoned
,
and
restored
by
another
Act
of
Parliament
,
to
have
to
him
and
his
Heirs
,
as
if
no
such
Attainder
or
former
Act
had
been
;
now
he
shall
hold
of
a
common
person
as
before
,
and
yet
once
the
Tenure
was
extinct
.
3
H.
3.
Tit.
94.
B.
Where
the
King
gives
Lands
to
be
held
of
him
by
Fealty
,
and
twelve
pence
for
all
Services
,
this
is
Socage
in
cheif
,
for
it
is
of
the
Kings
person
.
23
H.
3.
Tit.
148.
Guard
.
F.
If
a
man
holds
of
the
King
to
go
with
him
in
the
Army
against
Scotland
,
in
the
Vanguard
,
and
in
his
Return
in
the
Rereward
:
and
so
if
he
hold
to
give
to
the
King
Hornegild
,
which
is
said
Cornage
,
it
is
great
Serjeanty
.
38
H.
8.
Tit.
Livery
60.
The
Heir
of
him
which
holds
of
the
King
in
cheif
in
Socage
,
shall
not
pay
first
Seisin
to
the
King
,
for
all
his
Lands
,
but
onely
for
those
Lands
held
in
Socage
in
cheif
,
contrary
of
him
which
holds
in
Knights
Service
in
cheif
,
and
where
he
holds
in
Socage
in
cheif
,
the
other
Lord
shall
have
,
(
Ouster
le
main
)
with
Issues
.
2
Ed.
4.
fol.
6.
Land
is
given
in
Tail
,
to
be
held
of
the
cheif
Lords
,
these
words
to
be
held
,
&c.
are
void
,
and
he
shall
hold
of
the
Giver
.
Where
there
is
Lord
and
Tenant
,
if
the
Tenant
be
disseised
,
and
the
Disseisor
dieth
seised
,
and
his
Heir
is
in
by
Discent
,
the
Lord
ought
to
advow
upon
him
:
but
if
there
be
Lord
and
Tenant
,
and
the
Tenant
infcoffs
another
,
which
doth
not
give
notice
to
the
Lord
,
now
the
Lord
during
the
life
of
the
Feoffor
,
may
take
him
for
his
Tenant
,
or
the
Feoffee
at
his
pleasure
,
4
H.
6.
f.
19.
3.
Book
of
Assise
,
8.
Lands
is
given
in
Tail
,
without
saying
of
whom
to
hold
,
the
Donee
shall
hold
of
the
Giver
;
and
if
a
man
before
the
Statute
of
Quia
Emptores
,
give
in
Fee
,
without
saying
of
whom
to
hold
,
the
Feoffee
shall
hold
of
the
Feoffor
;
Littleton
,
f.
5.
16
Ed.
3.
Statham
,
fol.
23.
If
Lands
be
given
in
Tail
,
to
be
held
of
the
Lord
,
this
(
to
be
held
)
is
void
,
and
the
Lord
ought
to
avow
upon
the
Feoffor
.
5
H.
7.
fol.
35.
Mesnalty
lies
in
Tenure
by
a
Mesne
,
contrary
of
an
Advowson
appendant
,
1
H.
4.
f.
1.
the
same
.
33
H.
6.
f.
34.
Was
the
opinion
,
that
Advowson
may
lie
in
Tenure
,
as
where
a
Mannour
and
Advowson
are
held
,
the
Advowson
is
made
in
grosse
,
and
the
Advowson
is
held
for
it self
.
21
Ed.
3.
f.
3.
It
seems
that
an
Advowson
lieth
in
Tenure
,
24
Ed.
3.
Tit.
18.
14
H.
7.
fol.
26.
&
15
H.
7.
fol.
8.
the
same
.
32
Ed.
3.
Tit.
75.
Br.
A
fishing
doth
not
lie
in
Tenure
,
for
the
Soil
may
be
to
one
,
and
the
fishing
to
another
.
11
H.
4.
fol.
80.
It
seems
by
Hill
,
that
Rent
cannot
be
held
of
a
common
person
,
10
H.
6.
f.
12.
Rent
lieth
in
Tenure
of
the
King
,
10.
Book
of
Assise
,
24.
1
H.
6.
f.
21.
Fitzh.
263.
B.
13
H.
6.
f.
12.
40
Ed.
3.
fol.
44.
Fishing
lies
in
Tenure
,
and
yet
it
is
a
profit
in
anothers
Soil
,
8.
Book
of
Assise
,
7.
Office
may
be
held
in
cheif
.
42
Ed.
3.
fol.
7.
Advowson
,
may
hold
,
43
Ed.
3.
fol.
15.
the
same
.
14
H.
4.
fol.
3.
Where
a
Deed
is
to
hold
by
Homage
,
Fealty
,
Escuage
,
and
Rent
,
for
all
Services
,
the
Lord
shall
not
have
Suit
of
Court
.
20
H.
7.
fol.
10.
He
might
before
the
Statute
infeoff
one
to
hold
of
him
,
and
after
the
Statute
if
he
infeoff
him
of
part
,
he
shall
hold
for
that
part
,
10
H.
7.
fol.
10.
the
same
.
5
H.
7.
f.
11.
By
Fairefax
,
Termor
for
yeares
shall
make
Fealty
to
his
Lessor
,
Littleton
,
25.
9
H.
6.
f.
43.
the
same
.
10.
Book
of
Ass
.
29.
Lord
,
Mesne
,
and
Tenant
,
the
Tenant
holds
of
the
Mesne
by
three
pence
,
and
the
Mesne
over
of
the
Lord
by
four
pence
,
the
Mesne
dies
without
Heir
,
the
Lord
shall
have
the
three
pence
,
for
the
Signiory
is
extinct
in
the
Mesnalty
,
so
that
he
shall
onely
have
the
Services
which
the
Mesne
should
have
had
,
and
also
the
Services
which
the
Mesne
paid
to
the
Lord
;
but
it
is
said
otherwise
upon
forejudging
,
for
there
the
ancient
Signiory
remaines
,
for
this
wills
the
Statute
.
Littleton
,
41.
Lord
,
Mesne
,
and
Tenant
,
and
the
Tenant
holds
of
the
Mesne
by
the
Service
of
five
shillings
,
and
the
Mesne
holds
over
by
the
Service
of
twelve
pence
;
the
Lord
Paramount
purchases
the
Tenancy
in
Fee
,
then
the
Services
of
the
Mesnalty
are
extinct
;
but
for
that
that
when
the
Lord
Paramount
hath
the
tenancy
,
he
holds
of
his
Lord
next
Paramount
,
and
for
that
the
Signiory
of
the
Mesnalty
is
extinct
,
but
for
that
that
the
tenant
holds
by
5.
shillings
of
the
Mesne
,
and
the
Mesne
holds
but
by
twelve
pence
,
the
Lord
shall
have
the
foure
shillings
of
the
Mesne
as
Rent
●e●k
,
2
E.
2.
fol.
tit
.
Exting
.
6.
F.
26
Book
of
Assises
66.
A
man
may
hold
by
homage
,
and
yet
not
Knights
Service
but
in
Socage
.
Littleton
22.
Where
a
man
holds
by
homage
and
fealfor
all
manner
of
Services
it
is
Socage
,
for
homage
by
it self
doth
not
make
Knights
Service
.
26
Book
of
Assises
66.
The
King
,
Lord
,
Mesne
,
and
Tenant
,
the
Tenant
holds
of
the
Mesne
by
Socage
,
and
the
mesne
over
by
Knights
Service
,
the
Tenant
gives
in
Frank-marriage
,
rendring
12
d.
by
yeare
,
for
all
services
,
saving
Service
abroad
,
and
it
seems
,
that
by
this
word
,
(
saving
the
Service
abroad
)
the
giver
shall
have
only
such
Services
,
by
which
he
himself
is
charged
over
.
31
Book
of
Assises
30.
When
a
man
gives
Lands
in
fee
before
the
Statute
to
be
held
by
two
pence
,
saving
the
service
abroad
,
yet
he
shall
hold
by
Knight
service
,
by
Thorpe
.
See
,
31
Book
of
Assises
15.
Fitzh
.
8.
A.
If
the
Husband
infeoff
J.
S.
and
dye
,
and
after
the
Wife
is
indowed
,
she
shall
hold
this
Dower
of
the
Feoffee
by
Fealty
,
33
Ed.
3.
Statham
fol.
75.
Where
the
woman
is
indowed
by
the
Guardian
,
shee
shall
be
Attendant
to
the
Guardian
,
and
at
full
age
to
the
heire
.
3
E.
3.
tit
.
84.
B.
A
woman
tenant
in
Dower
shal
hold
of
the
Heir
for
parcel
,
and
he
shal
make
Avowry
for
that
portion
.
34
Book
of
Ass
.
15.
Where
Tenant
in
taile
dyes
without
Issue
,
and
his
wife
is
indowed
,
and
the
Donor
enters
,
shee
shall
hold
by
the
third
part
of
the
services
,
for
this
is
the
act
of
God
,
and
the
Law
:
The
same
Law
is
where
there
is
Lord
and
Tenant
,
and
the
Tenant
dyes
without
Heire
;
and
the
Lord
enters
for
Escheat
,
and
the
wife
of
the
Tenant
recovers
Dower
,
and
hath
Execution
,
shee
shal
hold
by
the
3d
part
of
the
services
,
contrary
where
the
Lord
purchaseth
the
tenancy
in
fee
,
and
she
is
indowed
she
shall
render
nothing
to
the
Lord
,
for
this
is
his
own
act
.
24
H.
8.
tit
.
53.
If
a
man
before
the
Statute
of
,
Quia
emptores
terrarū
,
had
made
a
gift
of
land
to
one
in
fee
,
for
repairing
a
Bridg
,
or
for
keeping
sucha
Castle
,
or
for
marrying
yearly
a
poore
Virgin
of
S.
this
is
a
Tenure
,
and
the
Donor
may
distraine
and
make
avowrie
and
not
condition
:
but
if
a
woman
give
lands
to
a
man
to
marry
her
,
this
is
a
condition
in
effect
and
no
Tenure
.
9
H.
3.
fol.
72.
Lands
in
Gavelkinde
are
held
in
Socage
,
and
not
in
Knights
Service
,
Fitzh
.
13.
D.
Lands
which
are
held
in
ancient
Demesne
are
Socage
.
13
R.
2.
tit
.
76.
A
man
gives
land
to
hold
by
ten
shillings
for
all
Services
;
Exactions
,
Customes
,
and
Demands
.
And
yet
the
Tenant
was
constrained
to
pay
releife
,
for
that
is
incident
,
as
well
to
Socage
,
as
to
Knights
Service
.
29
H.
8.
tit
.
64.
A
man
makes
a
Feostment
of
the
halfe
of
his
Land
,
the
Feoffee
shall
hold
of
his
Lord
by
the
whole
Services
,
that
the
whole
land
was
held
before
,
for
the
Statute
to
hold
for
that
particular
,
doth
not
hold
place
here
,
for
moiety
is
not
a
particular
,
as
of
one
Acre
or
two
Acres
in
certaine
,
but
count
of
the
third
part
,
which
goes
throughout
,
and
every
where
.
And
if
a
man
holds
two
Acres
by
a
hauk
,
and
makes
a
Feoffment
in
Fee
,
of
one
Acre
the
Feoffee
shall
hold
that
by
a
hauke
and
the
Feoffor
shall
hold
the
other
Acre
by
another
hauke
,
Westm.
3.
fol.
85.
It
is
lawfull
for
any
man
to
sell
,
so
that
the
Feoffee
hold
of
the
cheife
Lord
for
that
part
according
to
the
quantity
of
the
land
;
that
is
,
the
value
of
the
land
so
sold
,
&c.
Littleton
41.
If
one
holds
his
land
of
the
Lord
by
the
Service
,
to
render
to
his
Lord
yearly
at
such
a
feast
a
Horse
,
or
a
Ring
of
Gold
,
or
a
clove
,
if
in
such
case
the
Lord
purchase
parcell
of
the
land
,
such
service
is
gone
,
for
such
service
cannot
be
severed
nor
aportioned
,
but
if
the
tenant
hold
by
homage
,
Fealty
and
Rent
,
and
the
Lord
purchase
parcel
of
the
land
,
the
Rent
shal
be
apportioned
,
but
the
Homage
and
Fealty
shal
continue
intire
to
the
Lord
.
8
H.
7.
fol.
14.
It
is
impossible
that
any
Land
should
be
and
not
held
of
the
King
,
either
mediately
or
immediately
and
for
that
the
King
cannot
release
to
his
Tenant
all
his
Services
.
10
H.
7.
fol.
10.
If
the
Tenant
which
holds
two
Acres
by
twenty
pence
,
makes
a
Feoffment
of
parcell
,
the
Lord
may
distraine
in
this
parcell
so
aliened
,
and
also
in
this
part
which
remaines
in
the
possession
of
the
Tenant
11
H.
7.
fol.
12.
Feosment
before
the
Statute
,
or
a
gift
in
taile
to
make
a
thing
to
himself
,
or
to
another
for
common
wealth
,
is
good
,
as
to
make
a
Beacon
or
a
Bridge
,
but
to
ride
with
a
stranger
is
not
good
.
Fitzh
.
1.
L.
To
hold
of
us
by
free
service
,
to
finde
for
us
together
with
his
partners
,
Five
ships
for
our
passage
at
our
command
for
all
Services
,
it
seems
to
be
Socage
tenure
.
Fitzherb
.
83.
C.
E.
A
Writ
de
.
Scutgio
habendo
,
lyeth
when
one
holds
by
Knights
Service
,
and
the
King
goes
in
avoyage
into
the
Warr
in
his
proper
person
,
or
his
Leife-Tenant
against
the
Scots
,
and
none
shall
pay
Escuage
,
but
those
which
hold
to
go
into
the
Warr
,
and
not
he
that
holds
by
Cornage
,
nor
by
keeping
a
Castle
,
Littleton
18.
and
Littleton
the
19.
One
may
distrain
for
Escuage
,
or
have
a
Writ
,
De
scutagio
habendo
.
Fitzh.
135.
a.
If
one
hold
twenty
Acres
by
twenty
shillings
of
the
King
,
and
aliens
a
parcell
,
yet
the
King
or
his
Officer
,
may
distraine
one
of
the
Tenants
for
all
,
and
is
not
bound
by
the
Statute
to
distraine
for
that
parcell
,
but
otherwise
it
is
of
a
common
person
,
for
if
he
distraine
one
for
all
,
he
shall
have
a
Writ
to
be
discharged
for
a
ratable
proportion
:
But
in
case
the
king
or
his
Tenant
aliens
part
,
the
Alienee
makes
Fine
to
the
king
for
this
Alienation
:
It
seemes
reasonable
,
if
he
be
distrained
for
all
the
Rent
,
he
shall
have
a
Writ
to
be
disburdened
,
for
a
rateable
proportion
,
against
the
kings
Officer
which
distrains
,
Westm.
3.
That
the
Feoffee
of
part
,
shall
hold
for
that
particular
part
,
according
to
the
quantity
of
the
Land
so
sold
,
&c.
Where
by
27
H.
8.
chap.
27.
It
was
Enacted
,
That
the
king
shall
have
to
him
and
his
heires
,
all
Monasteries
of
Monks
,
Channons
,
and
Nunns
,
which
had
not
Lands
,
Tenements
,
Rents
,
&c
,
above
the
value
of
two
hundred
pounds
:
And
also
all
Monasteries
which
have
been
granted
to
the
king
within
a
yeare
next
before
this
Statute
,
by
the
Abbots
or
Priors
under
their
Seale
,
or
which
have
been
otherwise
suppressed
or
dissolved
;
yet
in
this
Act
is
a
saving
to
the
Lords
Rents
,
profits
,
services
,
and
commodities
,
as
they
before
have
had
them
:
So
that
of
these
Monasteries
,
the
Rents
and
Services
of
the
Lords
are
not
gone
by
this
Act
;
where
such
Abbies
hold
Land
of
any
Lord
,
but
are
saved
to
them
.
But
By
31
H.
8.
chap.
13.
The
King
is
vested
,
deemed
,
and
adjudged
,
in
actuall
and
reall
Seisin
,
and
possession
,
as
well
of
the
Monasteries
dissolved
by
27
H.
8.
as
of
all
others
,
and
in
this
statute
is
a
saving
to
every
person
,
all
their
Right
,
Title
,
Claim
,
Interest
,
Possession
,
Rents
,
Charge
,
Annuities
,
Leases
,
Offices
,
Commons
,
Synods
,
&c.
and
other
Profits
in
the
Premises
,
or
any
part
of
that
,
as
if
this
Act
had
not
been
made
,
(
Rents
services
,
Rents
seck
,
and
all
other
service
,
and
suits
onely
except
)
so
by
this
statute
,
the
Rents
and
services
of
the
Lords
are
gone
.
1
Ed.
6.
chap.
14.
which
gives
Chanteries
,
&c.
to
the
King
,
in
this
is
a
Proviso
that
every
one
,
which
before
that
Act
,
lawfully
without
Covin
or
fraud
,
hath
any
manner
of
Rent
,
or
any
yearly
profit
to
be
taken
of
Chantries
,
Colledges
,
free
Chappells
,
and
other
the
Premises
in
like
manner
and
form
as
they
ought
to
have
,
if
the
Chantries
,
&c.
had
been
in
being
,
so
that
the
Lords
of
those
shall
not
loose
their
Rents
.
2
and
3
Ed.
6.
Chap.
8.
It
is
enacted
,
that
where
by
office
found
,
the
King
is
intituled
to
Lands
or
Tenements
,
in
which
others
have
Copihold
,
Rent
,
common
Office
,
Fee
,
or
other
Profit
to
take
,
for
life
,
or
for
years
,
not
found
in
the
same
,
that
they
shall
enjoy
the
same
Interest
by
Copy
,
Rent
,
common
Office
,
Fee
,
or
other
Profits
to
be
taken
,
as
if
the
same
had
been
found
by
Office
,
and
provides
that
if
one
be
found
within
age
,
or
of
lesse
age
then
he
is
,
that
at
his
full
age
,
or
after
,
he
may
have
(
Aetate
probanda
)
or
sue
Livery
,
or
(
Ou●ter
le
main
)
as
his
Case
lies
,
and
provides
that
where
it
is
falsely
found
by
Office
,
that
any
Attaint
of
Treason
,
or
Felony
,
is
seised
of
any
Lands
,
or
Tenements
,
whereof
another
hath
just
Title
,
or
Interest
of
an
Estate
of
Freehold
,
that
he
shall
have
Traverse
,
or
Monstrans
of
Right
to
the
same
,
without
being
put
to
his
Petition
.
And
provides
where
it
is
found
,
of
what
man
or
of
whom
the
Tenements
are
held
,
the
Jury
is
altogether
ignorant
,
it
shall
not
be
taken
for
a
Tenure
in
Cheif
,
but
there
shall
be
a
better
Inquiry
awarded
.
37.
H.
8.
Chap.
20.
It
is
enacted
,
that
where
by
35
H.
8.
chap.
14.
Houses
,
not
being
Princely
houses
of
the
King
,
having
Lands
not
above
forty
shillings
,
that
is
,
were
granted
by
the
King
,
and
Tenure
by
Fealty
to
the
King
,
and
not
in
Chief
,
is
Socage
,
and
that
extends
to
all
Letters
Patents
,
made
within
five
years
after
the
Statute
.
Littleton
,
fol.
23.
If
a
man
hold
his
Land
,
by
paying
certain
Rent
to
his
Lord
for
keeping
a
Castle
,
such
Tenure
is
Tenure
in
Socage
;
but
where
the
Tenant
ought
by
himself
,
or
by
other
make
the
keeping
of
a
Castle
,
such
Tenure
is
Tenure
by
Knights
Service
,
so
by
Littleton
,
Escuage
to
go
of
a
voyage
Royall
,
&c.
and
to
keep
a
Castle
,
or
the
doore
thereof
,
&c.
and
to
hold
by
Cornage
,
that
is
,
to
hold
,
to
make
Service
by
the
body
of
a
man
,
these
are
Knights
Service
,
and
to
hold
to
pay
Rent
is
Socage
,
for
payment
by
him
is
Socage
.
View
.
Where
one
shall
have
View
of
Land
in
a
Writ
,
or
Plaint
in
nature
of
a
Writ
of
Land
,
and
where
not
.
THe
View
is
not
to
be
granted
,
but
where
it
is
necessary
,
and
if
any
Writ
abate
,
by
a
dilatory
exception
after
the
View
,
as
by
non-tenure
,
ill
naming
the
Town
,
or
such
like
,
he
shall
not
have
the
View
in
the
second
Writ
which
issueth
,
also
in
a
Writ
of
Dower
where
her
Husband
hath
aliened
to
the
Tenant
,
or
his
Ancestors
,
although
the
Husband
died
not
seised
,
the
Tenant
shall
not
have
the
View
,
and
also
in
a
(
dum
suit
infra
aetatem
)
(
not
of
a
right
mind
)
and
such
like
,
the
View
shall
not
be
granted
,
West
.
2.
Chap.
48.
1
H.
5.
fol.
11.
upon
the
Resummons
of
Dower
,
the
Tenant
demanded
the
View
,
the
Demandant
saith
,
her
Husband
died
seised
,
by
which
Judgement
,
and
prayed
that
he
be
outed
,
and
he
was
outed
by
a
Ward
,
5
H.
5.
f.
4.9
H.
5.
fol.
4.
f.
9.
9.
Ed.
4.
fol.
6.
Dower
,
the
Tenant
demands
the
View
,
and
held
where
the
Husband
aliens
,
the
View
is
outed
by
the
Statute
.
2
H.
4.
fol.
2.
Dower
,
the
Tenant
hath
the
View
,
notwithstanding
that
he
disseised
the
Husband
,
See
7
Ed.
4.
fol.
19.
11
H.
4.
fol.
38.
Dower
,
the
Husband
did
not
die
seised
,
and
this
was
the
Counterplea
to
out
him
of
the
View
,
5
H.
5.
fol.
4.9
H.
4.
f.
9.
44
Ed.
3.
fol.
31.
Dower
of
Rent
,
for
that
,
that
the
Husband
was
seised
of
Land
,
he
was
outed
of
the
View
by
statute
.
21
Ed.
4.
fol.
26.
Dower
,
where
the
Husband
dies
seised
,
and
in
Assise
where
Jurors
have
the
View
,
and
where
the
Tenant
takes
knowledge
of
the
Land
in
Demand
,
as
in
action
against
two
:
One
saith
,
that
he
is
Tenant
of
all
,
in
these
Cases
he
shall
have
no
View
.
33
H.
6.
f.
57.
Dower
of
Lands
in
diverse
Townes
,
and
to
parcell
the
Tenant
pleads
Barre
,
and
demands
the
View
in
one
Town
,
and
shall
not
have
it
,
for
that
,
that
he
hath
notice
of
parcell
.
9
H.
6.
f.
65.
Wast
,
if
six
of
the
Jurors
have
not
the
View
,
the
Inquest
shall
not
be
taken
,
9
Ed.
4.
fol.
1.
In
Waste
and
Assise
,
the
Jury
shall
have
the
View
.
21
Ed.
4.
f.
26.
3
H.
4.
f.
16.
In
Attaint
upon
verdict
of
Assise
,
the
Jurors
shall
not
have
View
,
for
in
this
Writ
it
is
not
,
(
let
them
see
the
Land
)
and
yet
in
Assise
,
and
Certificate
in
Assise
,
the
Jurors
shall
have
the
View
,
7
Ed.
4
f.
1.
22
H.
6.
fol.
27.
Entrie
in
two
Acres
,
and
the
Tenant
pleads
in
Barr
to
one
,
and
demands
the
View
of
the
other
,
and
shall
not
have
it
,
for
he
hath
taken
notice
of
parcell
,
and
intended
of
all
,
2
H.
4.
f.
26.
7
H.
4.
f.
9.
Defendant
shall
not
have
View
in
an
Action
upon
the
Case
,
for
that
,
that
it
is
personall
,
7
H.
4.
f.
32.
the
same
,
46
Ed.
3.
fol.
27.29
Ed.
3.
fol.
43.
the
same
.
3
H.
6.
fol.
34.
The
statute
is
,
for
ill
naming
the
Town
,
by
non-tenure
,
and
such
like
,
if
the
Writ
abate
after
the
View
,
he
shall
not
have
the
View
,
in
the
second
Writ
,
and
yet
said
,
that
if
the
first
Writ
abate
for
false
Latine
,
that
he
shall
not
have
View
in
the
second
Writ
,
but
where
the
first
Writ
abates
for
form
,
as
where
the
name
of
the
Wife
was
put
in
the
Writ
,
before
the
name
of
the
Husband
,
he
shall
have
View
in
the
second
Writ
,
for
that
vests
the
fault
in
the
Partie
.
10
H.
4.
fol.
6.
Precipe
,
The
Tenant
hath
View
in
the
second
Writ
,
where
the
first
was
discontinued
after
the
View
.
12
H.
4.
fol.
4.
Precepe
against
two
,
where
one
dies
after
the
View
,
and
the
Writ
abates
,
yet
in
the
second
Writ
against
him
which
is
alive
,
he
shall
have
View
.
12
H.
4.
fol.
11.
Where
the
first
Writ
abates
for
false
Latine
,
and
by
Thirne
hath
the
View
in
the
second
Writ
,
Seek
.
13
H.
4.
fol.
8.
He
hath
the
View
in
the
second
Writ
:
where
the
first
was
abated
by
excepion
of
the
Tenant
.
13
H.
4.
f.
14
The
Tenant
hath
the
View
in
the
second
of
Writ
of
6
Acres
,
where
he
had
the
View
in
the
first
Writ
of
6
Acres
,
abate
,
42
Ed.
3.
fol.
23.
Precipe
,
where
after
the
View
,
the
first
Writ
abates
by
death
,
and
in
the
new
by
miscounts
,
he
shall
not
have
View
,
43
Ed.
3.
fol.
35.
42
Ed.
3.
f.
33.
Precipe
abates
by
false
Latine
,
and
in
a
new
by
miscounts
,
he
shall
not
have
the
View
,
7
H.
6.
f.
36.
the
same
,
46
Ed.
3.
fol.
16.
In
a
Writ
of
Besayle
,
he
shall
not
have
the
View
,
where
he
had
View
before
in
a
Writ
of
Cozenage
,
which
was
misconceived
before
of
the
same
Land
,
and
for
that
abates
.
46
Ed.
3.
fol.
34.
In
a
dum
fuit
infra
Aetatem
,
the
Tenant
shall
not
have
the
View
where
a
dismission
was
made
to
the
Tenant
by
his
Ancestor
.
48
Ed.
3.
fol.
31.
In
a
dum
fuit
infra
Aetatem
,
the
Tenant
shall
not
have
the
View
,
for
he
is
out
by
the
statute
.
29
Ed.
3.
fol.
39.
In
dum
fuit
infra
Aetatem
,
in
the
per
and
cui
,
the
Tenant
shall
have
the
View
,
otherwise
,
where
it
is
in
the
per
onely
,
for
he
is
there
outed
by
the
statute
.
22.
Ed.
3.
fol.
9.
Precipe
,
The
tenant
hath
the
View
,
and
after
the
Demandant
was
non-suited
,
and
after
brought
another
Writ
,
and
the
tenant
demands
another
time
the
View
,
and
had
it
.
24
Ed.
3.
fol.
48
Precipe
,
the
tenant
abated
that
by
waging
of
Law
,
of
not
summoned
,
and
yet
in
another
brought
freshly
,
he
shall
have
the
View
,
but
he
had
not
that
in
the
first
.
38
Ed.
3.
fol.
1.
Precipe
,
Against
Husband
and
Wife
,
they
have
the
View
,
and
the
Husband
dies
,
and
in
a
new
Writ
freshly
brought
,
the
Wife
demanded
the
View
,
and
was
outed
,
for
it
is
not
necessary
,
29
Ed.
3.
fol.
22.
38
Ed.
3.
fol.
41.
Where
the
first
Writ
abates
by
no
such
Town
where
he
had
the
View
,
and
yet
in
the
second
Writ
,
he
shall
have
the
View
.
30
H.
7.
f.
8.
(
Cui
in
vita
)
the
first
Writ
abates
after
the
View
,
for
that
he
did
not
shew
of
whose
Demise
he
claimed
in
the
second
Writ
,
he
was
outed
by
Fineux
,
and
Davers
,
and
by
Vavisor
,
said
,
he
shall
have
the
View
in
the
second
,
if
the
first
were
not
abated
for
any
cause
which
comes
upon
the
View
,
unlesse
it
were
by
death
abated
.
41
Ed.
3.
fol.
8.
Quod
ei
deforceat
,
The
Defendant
shall
not
have
View
,
for
he
is
outed
by
the
statute
,
41
Ed.
3.
fol.
30.
the
same
,
44
Ed.
3.
fol.
42.
the
same
.
41
Ed.
3.
fol.
8.
Quod
ei
deforceat
,
The
Defendant
shall
not
have
the
View
,
for
he
is
outed
by
the
statute
,
41
Ed.
3.
fol.
30.
the
same
,
44
Ed.
3.
fol.
42.
the
same
.
41
Ed.
3.
f.
22.
Assise
of
Nusance
,
the
Defendant
shall
have
the
View
.
46
Ed.
3.
f.
27.
Curia
claudenda
,
the
Tenant
shall
have
the
View
.
48
Ed.
3.
f.
4.
Gessavit
,
the
Tenant
shall
have
the
View
,
where
it
is
of
his
own
ceasing
,
where
he
is
Tenant
of
the
Land
,
and
not
Tenant
to
the
Lord
,
for
he
is
as
a
stranger
.
2
H.
4.
fol.
6.
Cessavit
,
of
the
Seisin
of
his
Father
,
and
of
his
own
ceasing
,
he
shall
not
have
View
,
for
that
it
is
of
his
own
wrong
,
7
H.
4.
f.
16.
the
same
,
2
H.
4.
f.
14.
37
H.
6.
fol.
28.
Cessavit
,
where
it
is
of
his
own
ceasing
,
he
shall
not
have
the
View
,
4
H.
6.
fol.
29.
the
same
.
7
H.
6.
fol.
47.
Entry
upon
disseisin
of
Rent
,
the
Tenant
hath
View
of
the
Land
,
out
of
which
the
Rent
is
issuing
.
8
H.
6.
fol.
66.
the
same
.
35
H.
6.
fol.
70.
Entry
in
the
quibus
of
a
Mannour
,
said
,
that
the
Tenant
shall
not
have
the
View
,
for
he
is
in
by
wrong
,
28
H.
6.
fol
1.
the
same
.
3
H.
4.
fol.
16.
Assise
,
Jurors
have
the
View
,
but
the
Tenant
shall
not
have
the
View
.
6
Ed.
4.
fol.
1.
Quod
permittat
,
the
Tenant
shall
have
the
View
,
though
it
be
in
Debet
&
solet
,
which
is
of
possession
,
and
not
of
Right
,
30
Ed.
3.
fol.
4.
2
H.
4.
fol.
14.
Quod
permittat
,
of
turning
water
,
View
was
demanded
in
this
Writ
,
and
he
had
it
.
8
H.
6.
f.
75
Admeasurement
of
Pasture
,
he
shall
have
the
View
of
the
Land
out
of
which
,
&c.
but
not
in
personal
Action
,
not
in
Waste
,
where
Jurors
have
the
View
;
9
H.
6.
f.
41
the
same
.
3
H.
4.
f.
10
Dower
of
Rent
,
the
Tenant
hath
the
View
of
the
Land
out
of
which
it
is
issuing
,
and
said
,
that
he
shall
have
it
,
though
the
Husband
died
seised
of
the
Rent
:
but
see
44
E.
3.
f.
31
if
the
Husband
die
seised
of
the
Land
,
she
shall
not
have
the
View
.
22
H.
6.
fol.
12
Assise
of
Profits
of
an
Office
,
the
place
where
he
holds
his
Office
shall
be
put
in
View
.
13
H.
7.
f.
10
Cui
in
vita
,
the
Tenant
shall
have
View
,
and
yet
the
Statute
is
,
if
a
Dismission
be
made
to
the
Tenant
,
and
not
to
his
Ancestor
,
the
View
is
not
to
be
granted
,
but
she
claimes
from
her
Husband
,
and
not
by
the
Demandant
or
his
Ancestor
.
Pleas
after
the
View
in
Abatement
.
FOrmedon
,
one
cannot
plead
in
Abatement
after
the
View
,
unlesse
it
be
a
thing
which
cometh
upon
the
View
,
but
where
it
appears
to
the
Court
that
it
wants
form
,
or
is
false
Latine
,
the
Court
,
Ex
officio
,
will
abate
it
,
41
Ed.
3.
f.
29.40
Ed.
3.
f.
35.
44
Ed.
3.
f.
14.
Formedon
of
a
House
,
and
in
the
perclose
of
the
Writ
there
is
a
House
and
Meadow
,
and
after
View
the
Tenant
cannot
shew
that
in
Abatement
,
for
that
it
is
but
a
Surplusage
.
49
Ed.
3.
f.
20.
Formedon
,
after
View
the
Tenant
cannot
plead
in
Abatement
,
that
any
of
the
Degrees
were
omitted
,
for
it
is
not
apparant
to
the
Court.
50
Ed.
3.
f.
9.
Formedon
,
the
Tenant
may
plead
ancient
Demesne
,
after
the
View
,
for
it
may
be
that
parcell
in
the
Town
is
ancient
Demesne
,
and
parcell
frank
fee
,
and
that
cometh
upon
the
View
to
know
that
.
11
H.
4.
fol.
70.
Formedon
,
where
is
matter
apparant
in
a
Writ
to
abate
that
,
he
may
plead
that
after
the
View
.
7
H.
6.
fol.
39.
After
the
View
one
cannot
plead
no
such
Town
,
but
he
may
say
,
that
the
Tenements
are
in
another
County
,
for
that
cometh
upon
the
View
,
but
after
the
View
he
cannot
plead
to
the
Jurisdiction
,
yet
he
may
plead
that
they
are
in
C.
and
that
they
are
impleadable
there
,
and
demand
Judgement
of
the
Writ
,
and
not
Judgement
if
the
Court
will
acknowledge
.
19
H.
6.
fol.
10.
Dower
,
of
a
Free-hold
in
D.
&
S.
after
View
one
cannot
plead
no
such
Town
of
D.
for
he
is
estopped
of
that
,
for
that
he
hath
knowledge
of
the
Town
before
the
View
,
but
he
may
plead
Joint-tenancy
,
and
non-tenure
,
which
comes
upon
the
View
.
5
H.
7.
f.
8.
If
the
View
be
denied
where
it
is
grantable
,
it
is
Error
,
otherwise
it
is
if
it
be
granted
,
where
it
is
not
grantable
,
8
H.
7.
f.
11.
the
same
.
36
H.
6.
fol.
17.
Right
of
Advowson
,
the
Defendant
demands
the
View
,
for
that
there
are
two
Churches
in
the
same
Town
,
and
to
out
him
of
the
View
,
Plaintiff
saith
,
that
there
is
but
one
Church
there
,
Ready
,
&c.
3
H.
6.
fol.
57.
Dower
by
Husband
and
Wife
,
the
Tenant
pleads
that
the
Wife
is
an
Alien
,
born
in
Portugal
out
of
the
Allegiance
of
the
king
:
Judgement
if
he
shall
be
answered
:
the
Plaintiff
saith
,
that
by
Parliament
she
was
made
personable
:
and
now
the
Tenant
demands
the
View
,
and
had
it
,
for
though
his
Plea
before
was
as
a
Barr
,
he
pleaded
that
as
to
the
Person
,
and
not
to
the
Action
;
and
for
that
shall
have
the
View
,
otherwise
it
is
if
he
had
pleaded
a
Barr.
14
H.
6.
fol.
8.
Precipe
against
two
,
where
one
acknowledgeth
the
Action
,
the
other
shall
not
have
view
.
26
H.
8.
f.
2.
Precipe
,
against
two
,
one
imparles
,
and
the
other
hath
the
View
,
by
Fitzh
.
The
third
Part
of
this
Book
,
cheifly
for
Pleading
.
Abatement
.
Something
of
Pleadings
,
for
the
Instruction
of
the
Steward
,
shall
be
said
here
following
.
TRespasse
upon
the
Statute
of
Richard
,
the
Defendant
saith
,
that
J.
F.
let
to
him
,
and
the
Plaintiff
made
Title
,
and
that
J.
F.
abated
,
and
let
to
the
Defendant
,
the
Defendant
maintains
his
Barr
,
and
traverses
the
Abatement
,
and
that
is
not
good
,
for
Issue
shall
not
be
upon
the
Abatement
,
3
H.
7.
f.
7.
&
18
Ed.
4.
f.
1.
Entry
upon
Disseisin
,
Issue
cannot
be
taken
upon
Abatement
:
the
same
Law
is
of
Intrusion
,
14
H.
6.
f.
6.
Issue
shall
be
upon
the
Affirmative
and
Negative
,
and
not
upon
Plea
by
Argument
,
but
upon
traverse
the
Affirmative
.
COnspiracy
,
he
is
alive
,
without
that
,
that
he
is
dead
,
7
H.
7.
f.
6.14
H.
6.
f.
9.19
H.
6.
f.
4.
&
35
H.
6.
f.
60.
Trespasse
,
the
Defendant
iustifies
for
Fealty
not
made
;
the
Plaintiff
saith
,
it
was
not
unmade
,
and
good
,
9
H.
7.
fol.
12.
Debt
against
J.
S.
of
D.
the
Defendant
saith
,
that
he
is
dwelling
at
S.
and
shall
say
,
and
not
at
D.
in
the
Negative
,
4
H.
6.
fol.
4.
2
Ed.
4.
fol.
1.4
Ed.
4.
fol.
44.
&
10
Ed.
4.
fol.
12.
Trespasse
,
the
Defendant
saith
,
that
the
Free-hold
was
to
J.S.
which
let
to
him
at
will
,
the
Plaintiff
saith
,
that
the
Free-hold
was
to
him
,
and
not
to
J.
S.
in
the
Negative
,
11
H.
4.
f.
90.
Where
the
Defendant
saith
,
that
the
Plaintiff
is
a
Bastard
;
and
the
Plaintiff
saith
,
he
is
Legitimate
;
he
shall
say
,
and
not
a
Bastard
,
19
H.
6.
f.
17
&
11
H.
6.
f.
53
Trespasse
against
J.
S.
of
Fenton
,
the
Defendant
saith
,
that
he
was
dwelling
at
E.
and
shall
say
negatively
,
and
not
at
Fenton
,
19
H.
6.
f.
1.
Action
upon
the
Statute
of
Laborers
,
the
Defendant
saith
,
that
he
was
in
the
Service
of
J.
S.
and
shall
say
,
and
not
Vagrant
in
the
Negative
,
11
H.
6.
f.
1.
&
52.
Action
upon
the
Case
,
for
that
he
hath
a
Leet
,
and
Fines
and
Amerciaments
of
the
same
;
the
Defendant
saith
,
that
well
and
true
it
is
,
that
the
Plaintiff
hath
a
Leet
;
but
he
saith
,
that
he
hath
not
the
Fines
and
Amerciaments
,
and
ought
to
say
,
without
that
,
that
the
Plaintiff
hath
the
Fines
and
Amerci
aments
,
38
H.
6.
f.
16
False
Judgement
,
Issue
was
,
that
one
saith
,
that
he
was
dead
,
and
the
other
saith
,
that
he
is
alive
,
14
H.
6.
fol.
9.19
H.
6.
f.
4.
the
same
.
Where
one
pleads
out
of
his
Fee
,
the
other
saith
within
,
without
that
,
that
it
was
out
in
manner
and
forme
,
11
H.
4.
fol.
10
Formedon
in
reverter
,
and
counts
of
a
Gift
in
Tail
,
&c.
the
Defendant
saith
,
that
the
Donor
gave
in
Fee
,
and
it
is
not
good
,
for
it
is
but
an
Answer
by
Argument
,
and
for
that
he
ought
to
traverse
the
Gift
in
Tail
,
which
is
supposed
by
the
Plaintiff
,
2
H.
6.
f.
15.
Scire
facias
against
the
Parson
of
D.
of
Arrerages
of
Annuity
;
the
Defendant
saith
,
that
before
the
Writ
he
resigned
to
the
Bishop
of
L.
and
so
that
remained
in
his
hands
:
Judgement
of
the
Writ
,
and
it
is
but
a
Plea
by
Argument
,
that
is
,
that
he
is
not
Parson
,
and
for
that
it
is
not
good
without
concluding
,
and
so
not
Parson
;
7
E.
4.
fol.
16.
Assise
and
Trespass
.
Diversity
between
pleadings
in
Assise
and
Trespass
,
for
in
Trespass
need
not
make
Title
under
Possession
,
otherwise
in
Assise
.
TRespasse
,
the
Defendant
ought
to
convey
to
him
an
Estate
immediate
,
and
for
that
,
to
say
,
that
J.
S.
was
seised
,
till
by
J.
D.
disseised
,
which
infeoffed
the
Plaintiff
,
upon
whom
J.
S.
entered
,
whose
Estate
he
hath
,
it
is
not
good
,
but
if
the
Defendant
saith
,
that
he
was
seised
till
by
the
Plaintiff
disseised
,
upon
whom
he
entered
,
it
is
good
,
but
not
in
Assise
;
5
H.
7.
f.
11.
Trespasse
,
the
Defendant
saith
,
that
he
was
seised
till
by
the
Plaintiff
disseised
,
and
he
entered
,
and
it
is
good
;
and
he
need
not
to
convey
to
him
a
Title
;
and
the
Plaintiff
saith
,
that
he
was
seised
,
till
by
the
Defendant
disseised
,
without
that
,
that
he
disseised
the
Defendant
,
for
if
the
Defendant
had
first
Possession
,
it
is
good
in
Trespasse
;
26
H.
8.
f.
6.
Trepasse
,
the
Defendant
may
plead
Fine
with
Proclamation
,
Judgement
if
Action
,
but
not
relie
upon
Estoppell
;
17
H.
8.
f.
27.
Trespasse
,
the
Defendant
pleads
his
Free-hold
;
the
Plaintiff
saith
,
that
he
was
seised
in
Fee
,
till
disseised
by
the
Defendant
,
and
he
re-entered
,
and
the
Trespasse
in
the
mean
time
,
the
Defendant
maintains
his
Barr
,
without
that
,
that
he
disseised
the
Plaintiff
,
1
Ed.
4.
f.
3.
Trespasse
,
the
Defendant
pleads
,
Gift
in
Tail
to
his
Ancestor
,
and
conveys
to
him
by
divers
Discents
,
the
Plaintiff
saith
,
that
he
was
seised
in
Fee
,
and
traversed
the
Gift
,
and
it
is
good
,
and
need
not
make
Title
beyond
his
Possession
,
otherwise
of
Assise
;
3
Ed.
4.
f.
19.
Trespasse
,
to
plead
a
Feoffment
of
the
Plaintiff
,
it
seems
to
be
good
;
or
he
may
say
,
that
he
himself
was
seised
;
but
in
Assise
,
Feoffment
of
the
Plaintiff
is
no
Plea
,
for
that
amounts
to
no
wrong
,
no
Disseisin
;
15
Ed.
4.
f.
31.
&
29.
Book
of
Ass.
24.
Trespasse
,
if
the
Defendant
plead
that
he
was
infeoffed
,
the
Plaintiff
may
traverse
the
Feoffment
without
making
to
him
Title
,
otherwise
it
is
in
an
Assise
;
18
Ed.
4.
f.
10.10
Ed.
4.
f.
3.27
H.
6.
f.
1.
&
40
Ed.
3.
f.
5.
Trespasse
,
the
Defendant
saith
,
that
H.
his
Tenant
at
will
infeoffed
the
Plaintiff
,
and
he
entered
;
the
Plaintiff
saith
,
that
J.
S.
infeoffed
H.
and
he
died
seised
,
and
his
Issue
infeoffed
me
;
the
Defendant
cannot
traverse
the
Feoffment
but
the
Discent
,
otherwise
it
is
in
Assise
,
10
H.
4.
f.
1.
Assise
,
by
Littleton
,
the
Tenant
may
plead
,
let
to
him
for
years
,
or
for
life
,
the
Reversion
to
the
Plaintiff
,
and
it
is
good
;
and
so
is
it
of
a
Feoffment
with
Warranty
,
of
the
Plaintiff
,
and
relie
upon
Warranty
;
18
Ed.
4.
fol.
10.
8
Ed.
2.
Tit.
Ass.
391.
&
18
Ed.
3
f.
13.
the
same
.
Assise
,
the
Tenant
pleads
that
the
Plaintiff
let
to
him
for
life
,
and
is
good
,
but
a
Feoffment
of
the
Plaintiff
is
not
good
in
Assise
,
but
in
Trespasse
it
is
good
,
6
H.
7.
f.
14.27
.
Book
of
Ass.
31.
the
same
.
&
29.
Book
of
Ass.
24.
Trespasse
at
Compton
over
C.
and
neither
C.
it
is
no
Plea
in
Trespasse
,
but
it
is
good
in
Assise
;
8
H.
6.
f.
18.
Trespasse
at
D.
there
are
two
Dd.
within
the
County
,
and
none
without
addition
,
it
is
no
Plea
,
for
the
Visne
shall
be
of
the
Body
of
the
County
;
3
Ed.
4.
f.
26.
and
9
H.
6.
Tit.
5.
the
same
.
Assise
of
Lands
in
Osgodby
,
the
Tenant
saith
,
there
are
two
Osgodbyes
within
the
County
,
none
without
addition
,
and
it
is
no
Plea
,
for
the
Plaintiff
shall
recover
by
view
of
the
Jurors
,
5
Book
of
Assises
9
and
27
Ed.
3.
f.
2
Trespasse
in
Otterton
and
H.
which
H.
is
a
Hamlet
of
Otterton
,
it
is
a
good
Plea
in
Precipe
,
and
not
in
Trespasse
,
where
Damages
onely
are
recovered
;
7
E.
4.
f.
18
&
4
E.
4
Tit:
Breif
155
&
179.
Trespasse
may
be
in
a
Hamlet
,
but
not
in
a
place
onely
known
;
11
H.
7
fol.
24
2
R.
3.
fol.
1
&
43
E.
3.
fol.
30
the
same
.
Precipe
,
in
D.
is
a
good
Plea
in
Abatement
,
that
D.
is
a
Hamlet
and
not
a
Town
,
but
otherwise
it
is
in
Assise
;
8
E.
4.
f.
6
Pleas
in
Barr.
Barr
is
good
at
the
first
shew
,
or
by
common
reason
and
intent
,
such
intent
is
a
Plea
,
which
hath
not
more
vehement
presumption
then
to
intend
contrary
;
but
if
the
intent
be
indifferent
,
it
is
not
good
at
the
first
shew
by
Intendment
.
FOrmedon
in
Discender
,
that
he
gave
not
,
is
good
,
and
yet
it
may
be
that
he
did
recover
in
value
,
but
the
most
pressing
Intendment
is
to
the
contrary
:
but
if
in
Debt
,
I
plead
Release
bearing
Date
after
the
Obligation
,
it
is
not
good
,
at
the
first
face
,
unlesse
he
saith
,
that
it
was
delivered
after
the
Obligation
:
Plowd
:
Com.
f
:
32
Forging
of
Deeds
,
the
Defendant
saith
,
that
he
himself
was
seised
at
the
time
of
the
Forgery
,
and
it
might
be
by
Disseisin
,
but
it
shall
not
be
intended
,
and
for
that
it
is
good
,
at
the
first
shew
;
8
H.
6.
f.
34
Trespasse
,
that
he
entered
into
a
Warren
,
the
Defendant
pleads
his
Free-hold
,
and
it
is
good
,
and
yet
one
may
have
the
Warren
,
and
another
the
Free-hold
;
44
E.
3.
f.
12
17
E.
4.
f.
6
10
H.
7.
f.
24
&
34
H.
6.
f.
28
Trespasse
in
a
severall
fishing
,
the
Defendant
pleads
that
the
place
is
his
Free-hold
,
and
is
good
,
as
above
at
the
first
face
;
18
H.
6.
f.
29
10
H.
7.
f.
24
20
H.
6.
f.
4
17
E.
4.
f.
6
&
18
E.
4.
f.
4
Assise
of
Mortdancester
,
because
his
Mother
took
the
habit
of
Religion
,
the
Defendant
saith
,
that
your
Mother
had
a
Husband
alive
when
she
entered
into
Religion
,
and
it
is
not
good
;
for
it
is
indifferent
whether
he
be
alive
or
not
,
and
for
that
he
ought
to
aver
,
that
the
Husband
is
yet
alive
;
5
E.
4.
f.
3
Trespasse
of
Goods
,
&c.
the
Defendant
justifies
that
the
property
was
to
J.
S.
which
gave
them
to
him
at
D.
and
though
he
do
not
say
,
where
the
property
was
in
him
,
it
shall
be
intended
at
D.
and
good
;
1
E.
5.
f.
3
It
is
said
there
,
though
the
Barr
be
good
to
common
intent
,
yet
it
shall
not
be
good
where
parcell
of
the
substance
is
left
out
,
but
where
such
things
are
left
out
,
which
by
special
intendment
,
and
not
by
general
intendment
,
are
omitted
,
the
Law
shall
keep
such
a
barr
.
Plowd
.
Com
fol
27.
Accounts
,
the
Defendant
saith
that
he
hath
accounted
before
the
Plaintiffe
himself
,
and
it
is
good
,
yet
he
doth
not
say
,
that
he
was
before
Auditors
before
him
,
&c.
4
Ed.
4.
fol.
6.
Trespasse
,
the
Defendant
pleads
,
that
he
to
whose
use
enfeoffed
him
,
and
doth
not
say
,
if
he
were
out
of
Prison
,
and
of
full
age
,
according
to
the
Statute
,
and
yet
being
in
Barre
,
it
was
said
,
that
it
shall
be
so
intended
,
6.
H.
7.
fol.
6.
Where
Count
is
upon
matter
of
Reords
,
or
of
Specialty
the
Barre
shall
be
so
high
,
and
not
upon
bare
matter
.
DEbt
upon
arrearages
of
Annuity
,
the
Defendant
saith
,
that
he
let
the
Mannour
of
D.
to
him
in
recompence
,
and
it
is
no
Plea
,
for
it
is
not
so
high
,
19
H.
8.
fol.
9.
Trespasse
upon
the
Statute
of
Rich.
The
Defendant
pleads
in
Barre
,
warranty
of
the
Ancestor
of
the
Plaintiffe
,
and
demands
Judgement
,
if
against
the
warranty
,
&c.
and
it
is
no
Plea
,
for
Damages
is
onely
to
berecovered
,
10
H.
7.
fol.
12.
Trespasse
,
the
Defendant
may
plead
Fine
with
Proclamation
,
Judgement
,
if
Action
,
but
not
to
relie
upon
the
estoppell
,
27
H.
8.
fol.
27.
14
H.
4.
fol.
27.
Debt
upon
a
Lease
by
Indenture
,
the
Defendant
saith
that
he
hath
bestowed
the
Rent
upon
reparations
by
commandement
of
the
Plaintiffe
,
and
it
is
not
good
,
for
it
is
not
so
high
.
10
H.
7.
fol
4
Debt
upon
arrearages
of
a
Lease
for
years
,
the
Defendant
pleads
agreement
,
and
it
is
not
so
high
.
1
H.
7.
fol.
14.
The
Defendant
cannot
avoid
specialty
by
bare
matter
,
as
to
say
the
specialty
was
delivered
to
him
in
place
of
an
acquittance
,
for
it
is
not
so
high
.
10
Ed.
4.
fol.
18
Debt
upon
an
Obligation
,
endorsed
with
condition
,
that
if
the
Defendant
serve
him
in
all
his
lawfull
commands
,
&c.
the
Defendant
may
plead
,
that
he
discharged
him
,
and
it
is
good
without
specialty
,
for
the
condition
is
matter
in
deed
.
18
Ed.
4.
fol.
9
If
one
covenant
by
Indenture
to
make
me
a
house
before
such
a
day
,
and
he
plead
,
that
I
discharged
him
before
the
day
,
it
is
good
without
specialty
,
for
I
cannot
come
upon
his
Land
after
discharge
,
19.
Ed.
4.
fol.
2
the
same
.
21
H.
6.
fol.
36.
Trespasse
of
taking
his
Apprentice
,
the
Defendant
saith
that
the
Plaintiffe
discharged
him
before
the
Trespasse
of
taking
,
and
it
seems
no
Plea
,
for
that
he
is
an
Apprentice
by
Indenture
,
and
the
discharge
without
specialty
,
and
to
another
person
.
9
Ed.
4.
fol.
57.
Annuity
,
the
Defendant
pleads
levied
by
distresse
in
another
County
,
and
so
that
he
owes
him
nothing
,
and
it
is
good
,
but
that
he
owes
him
nothing
onely
,
is
no
Plea
against
specialty
.
3
H.
6.
fol.
41.
Scire
facias
,
upon
recovery
of
arrerages
of
annuity
,
Defendant
pleads
that
the
Deed
of
annuity
was
delivered
to
him
in
lieu
of
an
Acquittance
,
and
it
is
no
Plea
against
a
recovery
.
11
H.
4.
fol.
Debt
upon
arrerages
before
Auditors
,
the
Defendant
pleads
that
he
hath
an
obligation
for
the
same
,
and
it
is
no
Plea
,
for
it
is
not
so
high
.
11
H.
7.
fol.
13.
Waste
,
Defendant
pleads
an
agreement
between
him
and
the
Plaintiff
,
and
it
is
no
Plea
,
for
the
Inheritance
is
to
be
recovered
in
this
writ
,
and
for
that
it
is
no
Plea
.
Scire
facias
,
upon
a
Recognisance
to
have
one
here
at
a
certaine
day
to
appeare
,
it
is
no
Plea
to
say
,
I
have
been
there
without
shewing
his
appearance
of
Record
,
for
it
is
not
so
high
,
7
H.
6.
fol.
26.
B.
Debt
upon
arrerages
of
account
before
Auditors
,
the
the
Defendant
pleads
Abitrement
,
and
it
is
no
Plea
against
matter
of
Record
before
Auditors
,
3
H.
6.
f.
55.
8
H.
5.
f.
3.
the
same
,
10
H.
6.
tit.
44.
4
H.
6.
fol.
17.
and
3
H.
4.
f.
7.
H.
4.
f.
6.
adjudged
.
Debt
upon
an
obligation
,
the
Defendant
cannot
plead
payment
,
for
it
is
not
so
high
,
1
H.
7.
fol.
14.
Debt
upon
an
obligation
,
endorced
upon
condition
;
the
Defendant
may
plead
that
the
Plaintiff
hath
retained
parcell
of
the
smaller
summ
,
hanging
the
Writ
,
and
it
is
good
in
abatement
without
specialty
,
5
H.
7.
f.
4.
Action
upon
the
Statute
of
Rich.
If
the
Defendant
plead
Act
of
Parliament
,
by
force
of
which
he
was
seised
,
till
the
Plaintiff
entered
upon
him
,
upon
which
he
re-entered
,
the
which
is
the
same
Trespasse
,
&c.
and
concludes
Judgement
if
action
,
it
is
good
,
3
Ed.
4.
fol.
6.
Annnity
by
grant
,
the
Defendant
saith
in
abatement
that
after
the
action
brought
,
that
the
Plaintiff
hath
retained
part
of
the
arrerages
,
and
it
is
no
Plea
without
specialty
,
for
it
is
not
so
high
,
22
Ed.
4.
fol.
51.
Debt
upon
an
obligation
,
the
Defendant
pleads
receit
of
parcell
,
hanging
the
Writ
,
Judgment
of
the
writ
,
and
it
is
not
good
without
specialty
,
7
Ed.
4.
fol.
15.
15
H.
7.
fol.
10.
Debt
upon
a
single
obligation
of
twenty
pound
,
the
Defendant
pleads
that
the
Plaintiff
hath
received
parcell
,
hanging
the
Writ
,
and
demands
Judgment
of
the
Writ
,
and
it
is
no
Plea
without
shewing
Acquittance
,
for
it
is
not
so
high
.
Waste
,
the
Defendant
pleads
agreement
to
make
fludgates
only
,
and
agreement
is
no
Plea
in
this
action
,
for
it
is
not
so
high
,
for
Land
is
to
be
recovered
,
13
H.
7.
f.
20.
11
H.
7.
f.
13.
Covenant
upon
specialty
,
the
Defendant
pleads
arbitrement
,
and
it
is
not
good
,
for
it
is
not
so
high
,
3
H.
4.
fol.
2.
Debt
upon
obligation
,
the
Defendant
cannot
plead
that
the
Plaintiff
delivered
this
obligation
again
to
him
in
place
of
an
Acquittance
,
and
took
it
again
from
him
,
for
it
is
not
so
high
,
5
H.
4.
fol
2.
Debt
for
Rent
upon
a
Lease
by
Indenture
,
the
Defendant
cannot
plead
payment
for
it
is
not
so
high
,
but
payment
,
and
so
he
owes
him
nothing
,
is
good
,
but
where
a
Lease
is
by
word
,
payment
in
Debt
upon
that
is
good
,
1
H.
5
fol.
6
See
,
46
E.
3.
f.
1.
See
,
10
H.
7.24
.
b.
11
H
7.4
b.
20
H.
6.20
.
b.
&
9
Ed.
4.27
.
Debt
upon
obligation
upon
condition
,
the
Defendant
may
plead
payment
according
to
the
condition
,
without
specialty
,
5
H
7
fol.
41.
5
Edw.
4
fol
5.
the
same
Debt
for
Rent
upon
a
Lease
,
payment
is
no
Plea
without
saying
,
and
so
he
owes
him
nothing
,
but
payment
in
another
County
is
good
without
concluding
,
and
so
he
oweth
him
nothing
,
33
H
6
fol
4.
10
H
7
fol
4.3
H
7
fol
3.
Debt
upon
a
bargaine
,
where
the
Defendant
may
wage
his
Law
he
cannot
plead
payment
in
another
County
,
18.
H
6
fol
13.
10
H
7
f
4.
11
H
74
b.
Count.
Count
shall
be
more
certaine
then
a
Barr
,
and
yet
sometimes
it
is
good
by
intendment
,
that
is
if
Common
reason
do
not
imply
contrary
to
the
Count
,
it
is
good
by
intendment
.
DEbt
upon
obligation
without
date
,
yet
the
Plaintiff
ought
to
count
when
it
was
made
:
But
otherwise
it
is
if
the
Defendant
plead
an
Acquittance
without
date
,
3
H.
4.
f.
5.
6
Ed.
4.
f.
11.
Debt
or
annuity
without
date
,
the
same
,
5
H.
7.24
B.
of
annuity
.
Quare
impedit
,
If
the
Plaintiff
counts
that
foure
persons
were
seised
of
a
Mannour
,
to
which
the
Advowson
is
appendant
,
whose
Estate
he
hath
,
it
is
not
good
without
counting
how
he
hath
it
,
otherwise
it
is
in
Barr
,
2
H
6.
fol.
10.
Action
upon
the
case
,
of
borrowing
a
Horse
to
ride
to
York
,
and
counts
that
he
rode
him
further
,
he
ought
to
count
in
what
County
York
is
,
21
Ed
4.
fol
79
b
Debt
,
and
counts
that
if
the
Defendant
make
voluntary
wast
,
he
should
pay
twenty
shillings
,
and
counts
that
he
made
wast
in
sale
,
and
for
that
,
that
he
doth
not
count
how
,
it
is
not
certaine
,
and
not
good
,
9
H.
6.
fol.
11.
Decies
tantum
,
for
imbracing
,
and
counts
that
at
D.
he
hath
taken
Money
to
imbrace
,
but
for
that
,
that
he
doth
not
count
that
he
hath
imbraced
,
nor
how
or
where
he
imbraced
,
it
is
not
good
,
37
H.
6.
f.
31
Deceit
against
an
Attorney
,
for
acknowledging
satisfaction
,
and
ought
to
count
where
he
was
not
satisfied
,
for
otherwise
it
is
uncertaine
,
and
shall
not
be
implyed
,
and
intended
,
11
H.
6.
f.
2.
B.
Rescous
,
and
counts
that
he
distrained
for
Rent
,
&c.
and
for
that
,
that
he
doth
not
count
,
which
were
the
daies
of
payment
,
it
is
not
certaine
,
and
is
not
good
,
8
H.
4.
fol.
1.
Where
one
Avowes
for
that
,
that
he
held
of
him
,
by
the
third
part
of
the
fee
of
Knights
Service
,
and
for
that
,
that
he
doth
not
shew
,
by
what
manner
of
Knights
Service
,
it
is
not
good
,
12
H.
8.
f.
13.
Debt
by
Stradling
,
and
counts
of
taking
excessive
fees
in
paying
Pensions
,
where
the
Defendant
was
receiver
of
the
Mannors
of
D.
and
S.
in
the
hands
of
H.
8.
and
for
that
,
that
he
doth
not
count
,
that
they
continued
in
the
hands
of
Ed.
6.
it
is
not
good
,
for
the
Statute
was
made
in
the
time
of
Ed.
6.
that
if
any
Receiver
of
the
King
took
&c.
he
should
pay
for
every
penny
six
shillings
eight
pence
,
and
that
might
have
two
meanings
,
one
with
the
Plaintiffe
,
the
other
against
him
,
and
for
that
it
is
not
good
,
P.C.
fol.
202.
Forging
of
Deeds
,
the
Writ
is
,
divers
false
Deeds
,
and
counts
of
a
Deed
of
Feoffment
,
and
of
a
Writing
and
assurance
of
a
Letter
of
Attorney
,
and
for
that
the
Count
is
not
good
,
35
H.
6.
fol.
37.
b.
Debt
,
The
Plaintiffe
counts
upon
a
Lease
made
by
him
,
and
E.
late
his
Wife
,
by
Deed
indent
,
and
counts
for
the
Rent
behind
,
and
though
he
do
not
count
that
his
Wife
was
dead
,
yet
it
is
good
,
for
it
cannot
be
by
reason
but
she
is
dead
,
9
H.
6.
fol.
11.
b.
and
8
H.
5.
fol.
4.
Account
,
the
Plaintiffe
counts
that
the
Defendant
was
his
Receiver
such
a
day
,
till
the
Feast
of
Saint
Michael
,
and
there
are
two
Feasts
of
Saint
Michael
,
that
is
,
Michael
in
Tumba
,
and
Michael
the
Archangell
,
and
though
it
be
not
at
which
Saint
Michael
,
it
is
good
,
and
shall
be
intended
Michael
the
Archangell
,
which
is
more
known
,
and
the
more
observed
Feast
.
20
H.
6
fol.
23.
Trespasse
,
and
counts
that
the
Defendant
entered
into
a
Warren
at
D.
and
drove
away
the
Conies
,
and
not
say
drove
them
away
there
,
and
yet
it
is
good
,
and
shall
be
intended
there
,
44
Ed.
3
fol.
12
Where
he
confesses
and
avoids
,
he
need
not
Traverse
.
DEtinue
of
finding
a
Box
,
sealed
with
Writings
,
the
defendant
saith
,
that
they
were
delivered
in
pawn
to
him
for
a
hundred
Shillings
,
and
if
he
pay
that
he
would
redeliver
him
it
,
and
it
is
good
without
Traverse
,
for
he
confesses
,
and
avoids
the
Plaintiffe
,
21
Ed.
4.
f.
19.
Detinue
of
a
Chest
ensealed
with
Writings
,
The
Defendant
saith
,
that
the
Writings
which
he
had
were
in
a
Box
ensealed
,
and
the
Plaintiffe
lent
him
a
hundred
Shillings
,
and
delivered
this
Box
to
him
in
Pawn
,
without
that
,
that
he
detains
a
Chest
,
and
it
is
good
;
and
it
is
good
with
Traverse
,
otherwise
not
,
22
Ed.
4.
f
7.
Trespasse
of
breaking
his
House
,
and
taking
his
Goods
there
,
the
Defendant
saith
,
that
his
Wife
was
Executrix
,
and
that
they
were
the
Goods
of
the
Testator
,
and
the
Doore
was
open
,
and
he
entered
,
and
took
them
,
and
this
is
good
without
Traverse
,
for
he
hath
confessed
and
avoided
,
2
H.
6.
f.
15
B
Trespasse
of
his
Goods
taken
,
the
Defendant
saith
,
they
were
delivered
to
him
by
a
Replegeare
,
and
it
is
good
without
Traverse
;
7
H.
4.
f.
15.
&
44
E.
3.
f.
20
Trespasse
of
his
Goods
taken
,
the
Defendant
saith
,
they
were
delivered
to
him
upon
an
Execution
upon
a
Recovery
,
and
this
is
good
;
40
E.
3.
f.
21.
&
44
E.
3.
f.
20
Trespasse
of
Close
broken
,
the
Defendant
saith
,
that
he
had
a
way
there
by
Prescription
to
his
Mannour
,
which
he
used
,
and
ought
there
to
traverse
without
that
he
bro●●●
down
,
for
the
other
is
not
breaking
down
;
8
H.
5.
f.
2
13
H.
8.
f.
14
Quare
impedit
against
J.
Hecker
,
of
an
Advowson
appendant
,
the
Defendant
saith
,
that
it
is
an
Advowson
in
grosse
,
and
that
W.
S.
his
Master
presented
W.
S.
and
that
he
died
,
and
J.
Hecker
was
chosen
Master
,
and
presented
J.
Hecker
,
the
Defendant
,
and
for
that
he
hath
confessed
and
avoided
the
Plaintiff
for
gaining
of
Possession
,
and
for
that
he
need
not
any
Traverse
.
10
H.
7.
f.
27
Quare
impedit
,
and
counts
of
an
Advowson
in
grosse
,
the
Defendant
saith
,
that
it
is
appendant
to
a
Mannour
which
descended
unto
him
,
and
he
ought
to
traverse
.
5
H.
7.
fol.
12
Trespasse
,
Defendant
saith
that
Nicholas
his
Grand-father
was
seised
in
Fee
,
and
died
seised
,
and
that
descended
to
his
Father
,
and
he
entered
,
and
by
Protestation
died
seised
,
and
that
descended
to
him
:
Plaintiff
saith
,
that
J.
S.
gave
to
Nicholas
in
Tail
,
and
that
descended
unto
him
as
Son
,
and
it
is
not
good
without
traversing
the
Dying
seised
in
Fee
of
Nicholas
,
or
confesse
and
avoid
it
.
Trespasse
,
the
Defendant
pleads
a
Grant
made
to
him
by
E.
and
the
Plaintiff
pleads
that
H.
6
by
Authority
of
Parliament
,
granted
that
to
him
,
and
is
good
;
for
that
confesse
and
a
voyds
the
Grant
;
7
H.
7.
f.
15
Quare
impedit
against
a
Prior
,
the
Plaintiff
counts
that
he
was
seised
of
an
Advowson
in
grosse
and
presented
;
the
Defendant
saith
,
that
he
was
seised
in
right
of
his
Monastery
in
grosse
and
presented
J.
and
after
his
Predecessor
granted
the
next
Avoidance
to
the
Plaintiff
,
and
to
the
Presentee
A.
and
good
,
for
he
hath
confessed
and
avoided
;
26
H.
8.
f.
5
Trespasse
,
the
Defendant
conveyes
the
Land
to
her
as
Sister
B.
the
Plaintiff
saith
,
that
B.
had
Issue
a
Daughter
,
and
that
he
as
Guardian
in
Socage
entered
,
and
it
is
good
without
traverse
,
for
he
hath
confessed
and
avoided
;
19
H.
8.
f.
11
B.
Assise
,
the
Tenant
pleads
that
J.
S.
infeoffed
him
:
the
Plaintiff
saith
,
that
well
and
true
it
is
,
that
J.
S.
infeoffed
you
,
but
it
was
upon
condition
,
and
that
J.
S.
entered
for
the
condition
,
and
infeoffed
the
Plaintiff
,
and
this
is
good
,
for
he
confesses
and
avoides
the
Defendant
,
6
H.
7.
f.
8
Forging
of
Deeds
,
and
counts
that
the
Defendant
hath
forged
a
Deed
,
by
which
J.
Beak
infeoffed
W.
T.
the
Defendant
saith
,
that
long
time
before
the
Plaintif
had
any
thing
,
that
J.
Beak
infeoffed
W.
and
Alice
his
Wife
which
died
,
and
the
Defendant
as
Heir
of
W.
read
and
proclaimed
the
Deed
,
and
ought
to
traverse
forging
;
for
where
the
Defendant
justifies
a
thing
,
prohibited
by
the
Law
in
a
speciall
manner
,
he
ought
to
traverse
,
as
in
Maintenance
;
if
he
justifie
,
he
shall
say
,
he
shall
say
without
that
,
that
he
maintained
in
other
manner
;
32
H.
6.
f.
1
Trespasse
of
Assault
and
threatning
,
the
Defendant
saith
,
that
the
Plaintiff
called
him
Traitor
,
and
he
said
,
thou
lyest
in
thy
throat
,
it
is
no
Plea
,
for
he
doth
not
confesse
any
threatning
37
H.
6.
f.
3
Conclude
.
Order
and
form
,
how
one
ought
to
conclude
in
his
Plea
.
WHere
to
a
Bar
there
ought
to
be
a
Reply
,
the
Conclusion
of
his
Plea
shall
be
(
and
this
he
is
ready
to
prove
)
&c.
(
and
where
but
ready
that
so
)
there
it
is
otherwise
;
33
H.
6.
f.
21
&
12
Ed.
4.
f.
13
the
same
.
As
in
Dower
,
the
Tenant
pleaded
(
not
ever
seised
that
Dower
,
he
ought
to
conclude
,
(
and
of
this
he
puts
himself
upon
the
Country
)
for
no
Reply
shall
be
,
(
but
ready
that
so
.
)
Where
the
Defendant
pleads
to
the
Issue
,
the
conclusion
shall
be
(
and
of
this
he
puts
himself
upon
the
Countrey
)
and
where
the
Plaintiffe
pleads
to
the
Issue
,
he
shall
say
,
(
and
he
desires
that
this
may
be
inquired
by
the
Countrey
,
26
H.
8.
f.
4.
If
one
plead
a
Plea
,
which
is
not
traversable
,
as
no
wrong
,
or
generall
Issue
,
or
Record
as
Outlawry
,
he
need
not
in
his
conclusion
averr
his
Plea
,
that
is
,
(
and
this
he
is
ready
to
prove
,
&c.
36.
H.
6.
fol.
17.
When
the
Defendant
justifies
,
he
ought
to
conclude
,
(
and
this
he
is
ready
to
prove
,
&c.
)
and
when
he
pleads
the
generall
Issue
,
he
need
not
,
6
H.
4.
fol.
18.
and
the
Book
of
Entries
,
fol.
152.
the
same
.
Quare
impedit
,
If
the
Defendant
plead
that
it
is
incorporated
by
another
name
,
Judgement
if
Action
,
this
conclusion
is
not
good
,
but
he
ought
,
to
conclude
Judgement
of
the
Writ
,
26
H.
8.
fol.
1.
●nd
4
H.
6.
fol.
27.
Where
the
Defendant
saith
,
that
the
Parties
to
the
Fine
have
nothing
,
but
one
such
a
one
,
whose
estate
he
hath
,
he
ought
to
conclude
,
(
and
this
he
desires
may
be
inquired
by
the
Countrey
)
and
the
aforesaid
Plaintiffe
likewise
,
it
shall
be
entered
,
for
here
needs
no
Reply
,
but
ready
,
that
so
as
above
,
12
Ed.
4.
fol.
13.
Debt
upon
Obligation
,
the
Defendant
saith
,
that
it
was
endorsed
upon
Condition
to
perform
Covenants
of
an
Indenture
,
and
that
part
was
read
,
and
part
not
,
and
that
he
was
a
man
unlearned
,
there
he
ought
to
conclude
Judgement
,
if
Action
;
the
same
Law
is
,
where
he
saith
it
was
made
by
constraint
,
or
that
he
was
under
age
,
or
that
it
was
delivered
as
an
Eserow
,
7
Ed.
4.3
B.
he
ought
to
say
Judgement
,
if
Action
,
14
H.
8.
fol.
30.
Debt
upon
obligation
,
to
plead
payment
,
and
delivery
of
that
in
place
of
an
Acquittance
,
he
ought
to
conclude
judgement
if
action
,
but
if
he
avoid
that
,
for
that
it
is
raced
or
interlined
,
there
it
shall
be
concluded
not
his
deed
,
for
where
a
Deed
is
void
,
he
ought
to
conclude
not
his
Deed
,
and
where
voidable
,
or
matter
in
Law
,
judgment
if
action
,
1
H.
7
f.
14.
Debt
upon
Obligation
,
to
say
he
is
a
man
unlearned
,
and
this
was
read
to
him
to
be
with
Condition
,
and
so
this
Obligation
being
single
,
is
not
his
Deed
,
7
Ed.
4.
fol.
5.
15
Ed.
4.
fol.
17.
16
Ed.
4.
f.
1.
the
same
,
9
H.
5.
f.
15.
and
3
H.
6.
fol.
52.
Debt
upon
a
Lease
,
to
plead
payment
in
another
County
,
or
levyed
by
Distresse
,
without
concluding
,
(
and
so
he
ows
him
nothing
)
is
good
,
9
Ed.
4.
fol.
57.3
H.
7.
fol.
3.
and
33
H.
6.
f.
4.
the
same
;
but
levied
by
Distresse
or
payment
in
the
same
County
,
is
not
good
without
concluding
,
(
and
so
he
owes
him
nothing
.
)
Debt
for
Wages
upon
a
Bargain
,
to
plead
payment
in
the
same
County
,
and
conclude
,
and
so
he
oweth
him
nothing
,
is
good
,
40
Ed.
3.
fol.
24.
Debt
upon
a
Lease
by
Indenture
,
for
the
defendant
to
plead
payment
in
the
same
County
,
it
is
no
Plea
without
concluding
,
and
so
he
oweth
him
nothing
to
the
point
of
the
Writ
,
1
H.
5.
fol.
6.
Where
he
ought
to
conclude
,
and
so
not
his
Deed.
DEbt
upon
a
single
Obligation
,
the
Defendant
saith
,
that
he
is
a
man
unlearned
,
and
this
was
read
to
him
,
with
a
Condition
,
and
so
not
his
deed
,
1
H.
6.
fol.
3
H.
6.
fol.
38.
Debt
by
a
Husband
and
his
Wife
,
of
an
Obligation
made
to
them
,
the
defendant
being
Executor
,
J.S.
pleads
Release
of
the
Husband
made
to
him
,
and
the
Release
was
of
all
actions
,
and
demands
,
as
Executor
,
and
all
actions
personalls
,
and
other
demands
,
and
the
Plaintiffe
saith
,
that
he
is
a
man
not
learned
,
and
it
was
read
for
Actions
,
as
Executor
,
and
so
not
his
deed
,
and
good
,
See
3
H.
7.
fol.
5.
and
19
H.
8.
1
H.
7.
fol.
14.
If
the
defendant
confesse
,
that
once
by
his
own
Plea
his
deed
,
he
cannot
afterwards
conclude
,
and
so
not
his
deed
:
As
if
an
Infant
makes
a
deed
,
or
a
man
by
constraint
,
if
he
plead
these
matters
to
avoid
that
,
he
cannot
conclude
(
and
so
not
his
deed
)
but
where
an
Obligation
is
void
,
he
ought
to
conclude
,
and
so
not
his
deed
:
as
where
an
Obligation
is
made
by
a
married
Wife
,
or
a
deed
raced
or
interlined
,
1
Ed.
3.
fol.
5.
the
same
.
Where
he
ought
to
conclude
according
to
his
matter
pleaded
.
LIttleton
,
f.
39
Six
manner
of
men
are
,
against
which
if
they
sue
Actions
,
Judgement
may
be
demanded
,
if
they
shall
be
answered
in
the
Conclusion
of
his
Plea
;
and
first
,
if
he
say
,
that
the
Plaintiff
is
his
Villain
,
he
shall
say
Judgement
if
he
shall
be
answered
;
second
,
is
outlawed
;
third
,
is
a
stranger
born
;
fourth
,
is
one
attaint
in
a
Premunire
;
fifth
,
is
professed
in
Religion
;
sixth
,
is
excommunicated
:
the
Defendant
may
plead
these
,
and
demand
Judgement
,
if
the
Plaintiff
shall
be
answered
.
34
H.
6.
fol.
9
If
the
Tenant
plead
Joint-tenancy
,
or
other
Plea
in
Abatement
,
he
ought
to
conclude
,
Judgement
of
the
Writ
;
and
where
one
pleads
in
Barr
,
he
ought
there
to
conclude
Judgement
if
Action
.
49
Ed.
3.
f.
24
Account
of
Receit
in
C.
the
Defendant
saith
,
that
C.
is
within
the
five
Ports
;
Judgement
if
the
Court
will
acknowledge
it
,
and
so
alwayes
to
the
Jurisdiction
,
that
is
Conclusion
as
Parson
sue
for
Tithes
,
&c.
In
divers
Cases
they
ought
to
conclude
in
the
Negative
,
where
so
to
the
Affirmative
pleads
that
his
Plea
is
but
as
an
Argument
,
and
not
full
Answer
,
and
also
to
make
the
matter
in
Law
plain
.
SCire
facias
against
a
Parson
of
Ar●erages
of
an
Annuity
;
the
Defendant
pleads
,
that
before
the
Writ
purchased
he
resigned
,
and
so
not
Parson
,
and
it
is
good
,
7
Ed.
4.
fol.
16
10
H.
7.
f.
4
Said
in
Debt
upon
a
Lease
for
the
Rent
behinde
,
if
the
Defendant
pleads
Payment
in
another
County
,
this
is
good
without
concluding
,
(
and
so
he
owes
him
nothing
,
&c.
)
But
if
he
plead
Payment
in
the
same
County
,
it
is
no
Plea
without
concluding
,
and
so
he
owes
him
nothing
;
9
Ed.
4.
f.
the
last
.
9
Ed.
4.
fol.
15
Debt
against
Executor
which
pleads
that
J.
S.
recovered
against
them
an
hundred
pounds
,
and
had
Execution
,
and
they
have
nothing
come
to
their
hands
besides
that
:
the
Plaintiff
saith
,
the
Testator
did
owe
nothing
to
J.
S.
and
so
the
Recovery
false
and
feigned
.
21
Ed.
4.
f.
71
Dower
,
the
Tenant
saith
,
that
the
Husband
was
not
seised
,
that
she
could
have
Dower
,
&c.
The
Plaintif
saith
,
that
T.
the
Father
of
her
Husband
died
seised
,
and
that
descended
to
her
Husband
which
died
before
Entry
,
and
so
he
died
seised
,
and
in
Formedon
of
Lands
recovered
in
value
,
he
ought
to
conclude
,
and
so
gave
.
19
H.
8.
fol.
6
Right
of
Ward
,
and
counts
that
the
Ancestor
of
the
Infant
died
in
his
Homage
;
the
Defendant
saith
,
that
he
held
of
him
in
Socage
,
without
that
,
that
he
died
in
his
Homage
:
the
Plaintiff
saith
,
that
J.
S.
and
D.
were
seised
to
the
use
of
the
Ancestor
of
the
Infant
,
and
so
the
Ancestor
died
in
his
Homage
.
12
H.
7.
f.
7
Where
the
matter
before
the
(
So
)
is
sufficient
Barr
,
there
the
(
So
)
shall
not
be
entered
,
as
in
Trespasse
or
Assise
,
the
Tenant
justifies
,
and
so
not
guilty
.
32
H.
6.
fol.
16
Where
the
matter
before
the
(
So
)
is
matter
of
Barr
,
and
sufficient
,
there
the
matter
after
the
(
So
)
is
not
traversable
,
and
contrary
if
not
sufficient
.
5
Ed.
4.
fol.
5
Debt
upon
an
Obligation
for
Bail
,
and
is
named
Sheriff
,
the
Defendant
ought
to
plead
that
,
and
conclude
,
and
so
not
his
Deed
,
but
not
generally
,
it
is
not
his
Deed.
19
H.
8.
fol.
7
Juris
utrum
,
the
Tenant
saith
,
that
his
Father
was
seised
,
and
died
seised
,
and
the
aforesaid
Plaintiff
abated
,
and
he
recovered
,
and
so
his
Lay
Fee
,
and
not
the
frank
Gift
of
the
Plaintiff
.
38
H.
8.
fol.
26
Debt
upon
an
Obligation
,
Defendant
pleads
divers
matters
,
and
concludes
,
and
so
not
his
Deed
,
and
this
Conclusion
hath
made
this
single
:
3
H.
6.
f.
3
Of
his
own
Wrong
.
Where
of
his
own
Wrong
is
good
,
and
where
not
.
REplegeare
,
the
Defendant
avowes
as
Bailiff
,
for
that
a
Prior
held
of
his
Mannour
by
Fealty
and
Rent
,
the
Plaintiff
saith
of
his
own
wrong
,
without
such
cause
,
it
is
no
Plea
,
for
here
he
ought
to
answer
the
substance
,
which
is
material
,
that
is
to
say
,
the
Lordship
:
2
H.
5.
f.
1
Where
one
iustifies
by
a
Lease
made
to
him
by
the
Plaintiff
,
of
his
own
wrong
,
is
no
Plea
,
otherwise
it
is
,
where
heiustifies
a
Servant
of
a
Lessee
:
10
H.
4.
f.
3.
If
the
Defendant
justifie
by
licence
,
or
commandement
of
the
Plaintiff
,
the
Plaintiff
shall
not
say
of
his
own
wrong
,
without
such
cause
,
not
if
parcell
be
of
Record
,
for
these
ought
to
be
answered
specially
:
12
Ed.
4.
fol.
10
Trespasse
of
Imprisonment
,
the
Defendant
justifies
,
for
that
he
is
Constable
,
and
was
assaulted
by
him
,
and
broke
the
Peace
,
the
Plaintiff
may
here
say
,
of
his
own
wrong
,
without
such
cause
,
for
that
,
that
no
Record
was
alleadged
:
5
H.
7.
f.
6
Trespasse
of
Battery
,
the
Defendant
saith
,
of
his
own
Assault
:
the
Plaintiff
saith
,
of
his
own
wrong
,
without
such
cause
,
and
this
is
good
:
5
H.
7.
f.
1
Trespasse
,
where
one
justifies
as
Servant
by
command
,
that
he
arrested
the
Plaintif
,
or
that
he
came
at
the
request
of
the
Sergeant
,
&c.
of
his
own
wrong
without
such
cause
,
is
no
Plea
:
2
Ed.
4.
f.
6
See
9
Ed.
4.
f.
31
If
the
Defendant
plead
licence
,
or
a
Lease
of
the
Plaintiff
,
of
his
own
wrong
,
is
no
plea
:
20
Ed.
4.
f.
4
21
E.
4.
f.
76
10
H.
6.
f.
3
&
f
9
the
same
.
Where
a
Sheriff
justifies
to
make
Execution
,
of
his
own
wrong
,
is
no
plea
,
otherwise
it
is
where
he
justifies
as
Bailiff
by
command
of
the
Sheriff
:
19
H.
6.
Trespasse
of
Battery
,
Defendant
saith
,
that
the
plaintiff
beat
one
W.
to
death
,
and
the
Constable
came
to
arrest
him
,
and
he
stood
at
defiance
,
by
which
the
Defendant
came
in
aid
,
and
the
hurt
which
he
had
was
of
his
own
Assault
,
the
plaintiff
saith
of
his
own
wrong
,
without
any
such
cause
,
and
good
:
38
E.
3.
f.
9
Trespasse
of
Grasse
out
,
the
Defendant
justifies
as
Parson
of
the
Parish
,
and
that
he
took
them
as
Tithes
separated
from
the
ninth
part
,
the
Plaintiff
saith
,
of
his
own
wrong
,
without
such
cause
,
and
it
seems
it
is
no
Plea
,
and
then
the
Plaintiff
replied
as
above
,
without
that
,
that
they
were
severed
from
the
ninth
part
,
and
good
:
16
E.
4.
fol.
4
9
E.
4.
f.
27
Trespasse
,
the
Defendant
justifies
the
Imprisonment
,
for
that
,
that
the
Plaintiff
assaulted
J.
N.
to
have
robbed
him
,
for
which
he
put
him
in
the
Stocks
,
of
his
own
wrong
,
&c.
is
good
.
41
E.
3.
f.
29
Trespasse
,
the
Defendant
justifies
,
for
that
Attachment
was
awarded
out
of
the
Court
Baron
,
to
the
Bailiff
,
to
attach
a
Horse
upon
a
Plaint
entered
there
by
him
,
and
that
he
came
in
aid
of
the
Bailiff
:
the
Plaintiff
saith
,
of
his
own
wrong
,
without
such
cause
,
and
this
is
good
.
38
E.
3.
f.
3
Replegeare
of
Beasts
taken
,
the
defendant
justifies
for
Execution
of
a
Recovery
in
Court
Baron
of
twenty
shillings
,
the
Plaintiff
saith
of
his
own
wrong
,
without
such
cause
,
and
held
that
he
shall
not
have
this
general
Averment
,
against
a
speciall
matter
,
by
which
he
said
,
that
the
Beasts
were
not
delivered
in
Execution
.
14
H.
8.
f.
18
False
Imprisonment
,
the
Defendant
iustifies
the
Arrest
of
the
Plaintiff
by
a
Warrant
of
a
Justice
of
the
Peace
,
where
the
truth
was
,
that
when
he
was
arrested
he
had
no
Warrant
,
but
after
had
a
Warrant
directed
to
him
,
the
Plaintiff
may
say
of
his
own
wrong
,
without
that
,
that
he
hath
any
such
Warrant
,
and
gives
the
matter
in
Evidence
.
2
E.
4.
f.
9
False
Imprisonment
,
the
Defendant
iustifies
,
that
he
took
the
Plaintiff
wandring
in
the
night
for
suspition
,
&c.
The
Plaintiff
may
say
,
of
his
own
wrong
,
without
such
cause
,
but
he
cannot
say
of
his
own
wrong
,
without
that
that
he
was
wandring
,
for
he
cannot
traverse
the
speciall
matter
,
but
where
it
is
a
matter
of
Record
,
or
of
writing
,
and
not
where
it
is
a
matter
in
deed
.
13
R.
2.
Tit.
28.
Rescous
,
the
Defendant
iustifies
to
make
Replevin
by
Warrant
of
the
Sheriff
,
the
Plaintiff
saith
,
of
his
own
wrong
,
without
such
cause
,
and
it
is
not
allowed
,
against
this
special
matter
,
but
of
his
own
wrong
,
without
that
,
that
he
had
a
Warrant
of
the
Sheriff
at
the
time
of
the
delivering
of
the
Distresse
,
&c.
33
H
6.
f.
47
Trespasse
of
Goods
taken
in
the
County
of
Darby
,
the
Defendant
saith
,
that
the
Plaintiff
fold
them
to
J.
S.
in
the
County
of
Middlesex
,
and
he
by
his
commandement
took
them
,
the
Plaintif
saith
of
his
own
wrong
,
without
that
,
that
J.
S.
commanded
him
in
manner
and
form
,
and
is
good
.
22
Book
of
Ass.
57
The
Defendant
iustifies
as
under
the
Eschea●or
,
for
that
Tenant
of
the
King
aliened
without
licence
,
and
shews
a
Commission
,
and
the
Plaintiff
saith
of
his
own
wrong
,
without
such
cause
,
and
is
good
.
8
H.
6
fol.
34
Trespasse
of
Grasse
cut
,
the
Defendant
saith
,
that
the
place
where
,
&c.
was
the
Free-hold
of
his
Master
,
by
which
,
by
his
commandement
he
entered
,
and
made
the
Trespasse
,
the
Plaintiff
saith
,
of
his
own
wrong
,
without
such
cause
,
and
is
good
:
but
if
the
Master
himself
had
been
party
,
and
had
pleaded
his
Free-hold
,
of
his
own
wrong
,
&c.
had
been
no
Plea
.
28
Ed.
3.
fol.
58.
Trespasse
of
goods
taken
,
the
defendant
justifies
by
the
commandement
of
his
Master
,
for
that
,
that
the
Plaintiffe
is
his
Villain
,
the
Plaintif
saith
of
his
own
wrong
,
and
is
no
Plea
without
answering
to
the
Villainage
.
10
H.
6.
f.
3.
Trespasse
of
two
Horses
taken
,
the
defendant
saith
,
that
he
let
to
the
Plaintif
Land
,
rendring
the
Rent
of
twenty
Shillings
,
and
for
this
Rent
behind
,
he
entered
,
and
took
the
horses
,
and
the
Plaintif
saith
of
his
own
wrong
,
without
such
cause
,
and
by
Cotesmore
it
is
no
Plea
,
but
he
ought
to
answer
to
the
speciall
matter
,
as
to
say
of
his
own
wrong
,
without
that
,
that
any
Rent
was
behind
,
21
Ed.
4.
f.
64.
42
Ed.
3.
f.
2.
Trespasse
,
for
chasing
in
his
free
Chase
,
the
defendant
pleads
license
of
the
Plaintif
to
hunt
there
,
the
Plaintif
saith
,
of
his
own
wrong
,
without
such
cause
,
Inquire
of
this
Issue
.
16
H.
7.
fol.
3.
Trespasse
of
goods
taken
,
where
the
defendant
conveys
his
title
from
the
Plaintif
,
there
the
Plaintif
by
replication
may
say
,
of
his
own
wrong
,
without
such
cause
,
9
Ed.
4.
fol.
41.
the
same
.
9
Ed.
4.
fol.
43.
Trespasse
of
a
bag
with
money
,
the
defendant
saith
,
that
the
Plaintif
was
indebted
to
him
in
a
certain
summe
,
and
delivered
that
unto
him
to
content
him
,
the
Plaintif
saith
,
of
his
own
wrong
,
without
such
cause
,
and
it
is
no
Plea
,
for
that
,
that
he
conveys
from
the
Plaintif
himself
.
10
H.
6.
fol.
9.
Trespasse
,
for
entring
into
his
Pigeon-house
,
and
taking
of
Pigeons
,
the
defendant
pleads
that
the
Plaintif
gave
him
leave
to
take
them
,
the
plaintif
may
say
of
his
own
wrong
,
without
that
he
gave
him
leave
,
20
Ed.
4.
fol.
4.
21
Ed.
4.
fol.
76.
Where
the
defendant
conveys
from
the
Plaintiffe
,
or
his
Ancestor
,
or
that
it
is
his
Freehold
,
these
shall
be
answered
,
and
there
of
his
own
wrong
,
without
such
cause
generall
,
is
no
good
replication
.
44
Ed.
3.
f.
13.
Trespasse
,
the
defendant
justifies
for
Harriot
,
the
Plaintiffe
saith
of
his
own
wrong
,
without
such
cause
,
the
Issue
was
taken
upon
that
38
Ed.
3.
fol.
7.
the
same
.
44
Ed.
3.
fol.
18.
Trespasse
,
the
defendant
justifies
,
for
that
,
that
the
Plaintiffe
was
in
Ward
to
the
Prince
,
and
he
seised
him
,
and
granted
the
Ward
to
him
,
by
which
he
entered
and
occupied
,
the
Plaintiffe
saith
,
of
his
own
wrong
,
without
such
cause
,
and
it
is
no
Plea
by
the
Court
,
but
he
ought
to
answer
to
the
speciall
matter
,
by
which
the
Issue
was
taken
that
he
held
in
Socage
,
and
not
in
Knights
Service
,
See
22
Book
of
Assises
,
56.
41.
Book
of
Assises
,
21.
and
12
Ed.
4.
fol.
10.
14
H.
4.
fol.
32.
Trespasse
of
his
Servant
taken
,
the
defendant
justifies
,
for
that
the
father
of
him
,
which
is
said
to
be
Servant
,
held
of
J.S.
in
Knights
Service
,
and
that
he
died
,
and
the
Land
discended
to
the
Infant
called
Servant
,
being
within
age
,
and
that
the
defendant
by
the
commandement
of
the
said
J.S.
seised
him
,
the
plaintif
saith
,
of
his
own
wrong
,
without
such
cause
,
and
by
Cheney
,
and
Hull
,
for
that
,
that
the
defendant
hath
alledged
speciall
matter
,
that
is
,
Tenure
,
in
Knights
Service
,
the
plaintif
ought
to
answer
to
the
speciall
matter
,
and
this
is
no
plea
,
See
22
Book
of
Assises
85.
33
H.
6.
fol.
29
Trespasse
,
where
the
defendant
justifies
by
the
Kings
patent
of
of
his
own
wrong
,
&c.
is
no
plea.
9
Ed.
4.
fol.
22.
Trespasse
,
where
the
defendant
justifies
by
wreck
by
prescription
,
the
plaintif
saith
,
of
his
own
wrong
,
without
that
,
that
it
was
a
wreck
,
and
good
.
5
H.
7.
fol.
9.
Trespasse
,
the
defendant
justifies
by
custome
of
foldage
by
prescription
,
of
all
Sheep
which
pasture
in
such
a
Common
,
the
plaintif
there
saith
,
of
his
own
wrong
,
without
such
cause
.
Where
a
double
Plea
shall
not
be
suffered
,
and
where
it
shall
.
PRior
brought
a
Quare
impedit
,
and
counts
that
his
predecessor
was
seised
and
presented
,
and
the
King
seised
his
temporalties
because
of
Warre
,
and
presented
,
and
now
it
is
void
,
and
it
belongeth
to
him
to
present
,
and
it
is
not
double
,
40
Ed.
3.
f.
10.
But
in
Quare
impedit
,
and
counts
of
divers
presentments
in
his
Ancestors
,
this
is
double
,
1
H.
5.
fol.
1.
Quare
Impedit
,
by
Tenant
in
Tail
,
and
alledgeth
a
Presentment
in
the
Donor
,
and
another
in
the
Donee
,
this
is
not
double
,
for
the
Gift
is
traversable
;
but
if
he
alleadge
Presentment
in
the
Feoffor
,
and
another
in
the
Feoffee
,
this
is
double
:
4
Ed.
4.
f.
3
Debt
against
Executors
,
to
plead
fully
administred
,
and
so
nothing
in
their
hands
,
is
not
double
,
for
one
Answer
makes
an
end
of
all
,
that
is
,
that
they
have
Assets
,
3
H.
6.
f.
3
Debt
upon
Obligation
,
and
pleads
Payment
,
and
Delivery
of
the
Obligation
in
place
of
an
Acquittance
,
it
is
not
double
,
for
one
Answer
shall
be
for
all
:
1
H.
7.
fol.
15
and
also
it
is
no
Plea
.
Trespasse
,
the
Defendant
pleads
Gift
in
Tail
,
and
divers
Discents
,
and
it
is
not
double
,
for
the
Gift
is
onely
traversable
:
19
Ed.
4.
f.
4
Bastardy
is
pleaded
to
ten
Acres
,
and
Release
of
all
Actions
,
and
that
is
double
:
10
H.
6.
f.
20
Non-tenure
is
pleaded
to
part
,
and
Bastardy
to
the
rest
;
and
this
is
double
:
43
E.
3.
fol.
29
B.
Inquire
33
H.
6.
f.
20
&
40
E.
3.
f.
21
Dower
,
the
Tenant
may
plead
Joint-tenancy
of
part
,
and
that
she
detains
Writings
for
the
rest
,
which
goes
to
all
,
and
it
is
not
double
:
33
H.
6.
f.
57
&
40
E.
3.
f.
31
Assise
of
a
Mannour
,
the
Defendant
pleads
a
Fine
of
one
halfe
to
J.
S.
whose
Estate
he
hath
,
and
to
the
other
halfe
,
pleads
a
Release
of
the
Father
of
the
Demandant
,
with
Warranty
,
and
demands
Judgement
,
if
against
Warranty
,
Assise
ought
to
have
been
of
that
Moity
,
and
it
is
not
double
,
for
this
goes
but
to
the
Moity
,
and
is
not
,
&c.
37
H.
6.
f.
24
Debt
upon
an
Obligation
,
that
he
was
a
Lay
man
unlearned
,
and
the
Day
of
Payment
was
read
to
be
at
another
Day
,
and
that
it
was
delivered
as
an
Escrow
upon
condition
,
that
if
others
sealed
,
&c.
and
the
others
did
not
seal
,
and
so
not
his
Deed
,
this
Conclusion
hath
made
that
single
:
38
H.
6.
f.
26
Intendments
.
Pleas
good
by
Intendment
,
and
how
.
INformation
for
Liveries
,
it
is
shewed
that
Cloth
was
given
at
D.
but
not
how
it
was
used
,
and
it
shall
be
intended
there
,
and
good
:
and
Trespasse
,
he
broke
his
Close
at
D.
and
made
an
Entry
,
and
shall
be
intended
to
be
there
:
5
H.
7.
f.
18
Appeal
of
Rape
,
(
is
Rapuit
)
and
though
it
be
not
,
fellonioussy
rapuit
,
it
shall
be
intended
:
1
H.
6.
f.
1
Waste
against
Beatrix
,
which
was
the
Wife
of
the
Earle
of
Arundell
,
though
that
she
were
not
named
Countesse
,
it
is
good
,
and
shall
be
intended
Countesse
:
2
H.
6.
f.
11
Debt
and
Counts
upon
Indenture
,
that
the
eldest
Son
ought
to
marry
K.
and
if
he
died
before
carnal
knowledge
,
then
that
the
youngest
should
marry
her
,
if
the
Ecclesiastical
Law
would
permit
it
,
and
Counts
that
he
purchased
a
Dispensation
,
and
required
him
to
marry
her
,
and
he
refused
,
and
though
he
do
not
shew
if
the
Request
to
marry
K.
was
before
noon
or
not
,
nor
if
K.
were
alive
at
the
time
of
the
Request
,
it
is
good
,
and
shall
be
intended
:
12
H.
8.
f.
6
Trespasse
,
one
iustifies
as
Servant
of
J.
S.
and
though
he
do
not
say
,
and
by
his
commandement
,
it
is
good
,
and
shall
be
intended
:
13
H.
7.
f.
13
If
one
plead
a
Deed
dated
at
D.
it
shall
be
intended
delivered
there
:
1
H.
6.
f.
3
Waste
by
the
Prioresse
of
the
House
and
Church
of
C.
the
Writ
was
to
the
dis-inheriting
of
the
Prioresse
of
the
House
and
Church
of
C.
(
leaving
out
praedict.
)
but
it
shall
be
intended
:
10
H.
7.
f.
5
Annuity
is
Grant
,
provided
that
he
be
of
honest
conversation
,
and
the
Grantee
pleads
in
Action
,
that
he
was
of
honest
conversation
,
and
that
he
doth
not
say
alwayes
after
the
Grant
,
it
shall
be
intended
to
be
of
honest
conversation
,
for
every
one
shall
be
intended
to
be
of
honest
conversation
,
till
the
contrary
be
shewed
:
22
Ed.
4.
fol.
28
Divers
pleadings
shall
be
good
by
intendment
,
as
in
action
against
the
Sherif
for
imbezzilling
a
Writ
,
and
doth
not
say
that
he
was
Sherif
at
the
time
of
the
imbezzilling
,
but
it
shall
be
intended
,
22
Ed.
4.
b.
Tit.
Pleading
,
109.
If
one
plead
that
one
John
Pur●bote
,
Master
of
the
Colledge
,
and
his
fellow
brethren
were
seised
in
Fee
,
that
shall
be
intended
in
Right
of
their
Colledge
,
for
it
hath
but
one
intendment
,
Plowd
.
Com.
fol.
102.
Fulmerstone
.
Entrie
upon
the
Statute
of
Rich.
the
Defendant
saith
,
that
the
third
part
was
to
J.S.
and
that
he
entred
by
his
commandement
,
and
doth
not
say
,
whether
the
third
part
were
severed
or
not
,
but
it
shall
be
intended
severed
,
and
good
,
37
H.
6.38
.
and
38
H.
6.
fol.
8.
the
same
.
Trespasse
of
two
Coffers
taken
in
D.
the
Defendant
saith
,
that
the
property
was
to
J.S.
and
gave
them
at
D.
to
him
,
and
though
he
do
not
shew
how
the
property
was
to
him
,
it
is
good
,
and
shall
be
intended
when
the
gift
was
made
,
1
Ed.
5.
fol.
3.
Scire
sacias
,
by
Sir
T.
Chaworth
,
Cozen
and
Heire
of
one
Hawes
,
of
a
gift
by
Hawes
in
Tail
,
and
the
remainder
in
Tail
,
and
counts
that
the
Donee
,
and
he
in
remainder
are
dead
,
without
heire
of
their
bodies
,
and
that
to
him
ought
to
revert
as
Cozen
and
Heire
of
Hawes
,
and
though
he
do
not
say
,
that
Hawes
is
dead
,
it
shall
be
intended
,
for
otherwise
it
cannot
revert
to
him
,
as
Couzen
,
&c.
33
H.
6.
fol.
54.
Where
one
avoweth
,
and
saith
he
was
seised
by
the
hands
of
one
J.S.
his
Tenant
,
and
though
he
do
not
say
,
then
his
Tenant
,
it
shall
be
intended
,
34
H.
6.
fol.
8.
14
H.
8.
fol.
12.
Wast
against
P.
which
he
held
for
Term
of
years
,
and
Counts
,
that
in
the
tenth
year
of
H.
7.
the
Plaintiffe
let
to
P.
for
Term
of
one
year
,
and
from
and
so
from
year
to
year
,
so
long
as
both
parties
were
pleased
,
(
by
vertue
of
which
)
he
was
possessed
and
occupied
by
24
years
,
and
now
it
is
thirty
years
,
from
the
10.
of
H.
7.
and
where
the
Count
is
(
by
vertue
of
which
)
he
occupied
by
24
years
,
by
implication
it
shall
be
intended
,
and
no
more
,
and
it
shall
be
(
which
he
held
)
and
not
which
he
doth
hold
.
Plowd
.
Com.
fol.
409.
Where
H.C.
devised
,
&c.
that
none
of
his
Sons
should
alien
,
and
it
is
pleaded
that
H.C.
hath
Issue
J.
and
F.
that
shal
not
be
intended
that
he
hath
more
,
till
the
contrary
be
shewed
of
the
other
party
.
12
H.
8.
fol.
3.
Trespasse
,
why
he
beat
his
Servant
,
and
took
away
a
dog
called
a
Blood
Hound
,
and
though
he
do
not
count
that
he
might
spend
forty
Shillings
,
it
shall
be
intended
,
that
he
might
,
till
the
contrary
be
shewed
.
9
H.
6.
fol.
10.
Debt
,
and
Counts
of
a
Lease
,
by
the
Plaintiffe
,
and
E.
late
his
Wife
,
and
though
he
do
not
count
that
she
is
dead
,
it
shall
be
intended
.
20
H.
6.
fol.
24.
Account
,
and
Counts
,
that
the
Defendant
was
his
Receiver
,
at
such
a
day
,
untill
the
Feast
of
Saint
Michael
,
and
it
is
not
Michael
the
Archangell
,
nor
Michvel
in
Tumba
,
and
it
shall
be
intended
Michael
the
Archangell
,
and
good
.
8
H.
5.
f.
4.
Quare
impedit
,
by
the
Husband
and
his
Wife
,
and
counts
that
they
were
seised
of
a
Mannour
,
in
Right
of
his
Wife
,
to
which
an
Advowson
was
appendant
,
and
though
he
doth
not
shew
what
Estate
,
it
shall
be
intended
the
best
Estate
,
Fee
Simple
.
36
H.
7.
fol.
3.
Trespasse
and
Counts
of
assault
at
D.
and
gave
so
many
threatnings
,
that
about
his
businesse
,
&c.
and
doth
not
shew
where
,
and
shall
be
intended
at
D.
and
good
.
Plea
good
by
Intendment
till
contrary
be
shewed
.
PLowd
.
Com.
fol.
74.
Assise
.
Wimbishe
,
Venire
facias
,
directed
to
the
Coroners
,
which
surmise
in
the
end
,
that
the
Sheriffe
is
Cozen
,
and
the
Assise
to
the
Coroners
is
also
(
except
Curson
his
Cozen
)
and
it
is
good
,
and
shall
be
intended
Cozen
of
the
whole
blood
,
till
the
contrary
be
shewed
by
the
Defendant
.
19
H.
8.
f.
11.
Trespass
,
Defendant
saith
that
B.
was
seised
in
Fee
,
and
died
seised
,
and
that
descended
to
him
as
Cozen
and
next
Heire
,
that
is
,
Sonne
of
N.
Sister
of
B.
Plaintiffe
saith
,
that
B.
had
Issue
a
Daughter
,
and
that
he
as
Guardian
in
Socage
of
his
Daughter
,
took
her
,
and
good
,
and
though
it
might
be
that
the
Daughter
were
of
the
half
blood
,
it
shall
not
be
intended
,
till
it
be
shewed
of
the
other
part
.
Plowd
.
Com.
f.
103.
Fulmer●●one
,
Trespasse
,
Defendant
saith
,
that
in
the
thirtieth
yeare
of
H
:
8.
that
W.
Master
of
Rushworth
,
and
his
fellow
brethren
,
let
to
him
an
an
hundred
Acres
,
parcell
of
the
Mannor
of
E.
for
fifty
yeares
:
Plaintiff
saith
,
That
before
that
is
in
the
yeare
,
&c.
J.
P.
Master
,
and
his
fellow
brethren
,
let
to
the
Defendant
the
Mannor
of
E.
except
a
Tenement
late
Largentine
,
for
sixty
yeares
,
and
that
by
the
Statute
of
31
H.
8.
for
that
,
that
the
first
Lease
was
in
being
,
the
second
was
voyd
,
and
though
that
by
Replication
he
doth
not
shew
that
J.
P.
the
Master
was
seised
in
right
of
the
Colledge
,
it
shall
be
intended
till
contrary
be
shewed
.
Plowdens
Commentaries
,
fol.
26.
Colthirst
,
Barr
is
good
to
common
intent
,
though
it
be
not
good
to
every
speciall
intent
,
yet
where
parcell
of
the
substance
is
left
out
,
it
is
not
good
:
It
is
good
to
common
intent
,
where
such
intent
is
not
indifferent
;
but
is
such
intent
which
hath
more
stronger
presumption
,
then
any
other
intent
hath
.
3
Edw.
2.
tit
.
Escheat
8.
And
counts
that
his
Tenant
committed
Felony
,
by
which
hee
was
attaint
,
and
the
Count
was
challenged
,
for
that
,
that
he
doth
not
say
,
for
what
Felony
,
and
yet
good
;
for
it
is
not
materiall
for
what
Felony
it
was
.
Generall
Issue
.
TRespasse
upon
the
Statute
of
Richard
,
the
Defendant
pleads
his
free-hold
,
and
it
is
not
generall
Issue
in
this
,
but
it
is
good
in
Trespasse
,
Ravishment
,
not
guilty
is
the
generall
Issue
,
and
in
maintenance
,
not
culpable
,
2
Ed.
4.
fol.
6.
Action
upon
the
Statute
of
Liveries
,
sayd
that
not
guilty
is
no
plea
,
but
that
he
gave
not
the
Liveries
,
is
good
;
and
in
Maintenance
saith
,
that
not
guilty
is
no
Plea
,
but
that
he
did
not
maintaine
;
yet
inquire
,
8
H.
6.
f.
36.
b.
Debt
upon
a
matter
of
Record
,
he
oweth
him
nothing
,
is
no
Plea
,
but
in
Maintenance
not
guilty
,
or
he
did
not
maintaine
,
is
good
,
and
in
forging
of
Deeds
not
guilty
is
good
,
12
H.
7.
fol.
14.
Debt
for
Scavage
,
held
where
the
action
is
grounded
upon
a
Statute
,
and
upon
a
matter
in
Deed
,
he
owes
him
nothing
,
is
a
good
Plea
,
21
H.
7.14
.
Forcible
entry
,
not
guilty
is
good
,
14
H.
6.
fol.
16.
Eitzh
.
249.
D.
Trespasse
of
Goods
taken
,
the
Defendant
saith
,
that
the
property
of
these
was
to
J.
S.
which
gave
them
to
him
,
without
that
,
that
he
tooke
Goods
of
the
Plaintiffe
,
and
this
amounts
to
not
guilty
,
and
by
the
Court
adjudged
that
nothing
shall
be
entred
,
but
not
guilty
,
and
shall
give
that
matter
in
evidence
,
9
H.
6.
fol.
11.
Assise
,
the
Tenant
cannot
plead
Feoffment
of
the
Plaintiff
made
to
him
,
for
that
amounts
to
a
general
Issue
,
and
the
general
Issue
no
wrong
shall
be
entered
:
2
H.
4.
f.
20
&
43
Book
of
Ass
.
41
Praemunire
,
of
that
,
that
the
Defendant
drawes
him
out
of
the
Realm
in
Plea
,
whereof
Conusance
to
the
King
belongs
,
the
Defendant
saith
,
that
he
was
Executor
to
J.
S.
and
sued
in
Court
of
Audience
to
prove
the
Will
,
and
for
that
he
could
not
have
Right
there
,
he
appealed
to
Rome
,
and
nothing
shall
be
entered
but
the
general
Issue
:
2
R.
3.
f.
18
Trespasse
of
Goods
,
for
the
Defendant
to
say
,
that
the
place
is
his
Free-hold
,
and
he
took
them
doing
Damage
,
it
is
no
Plea
,
but
he
ought
to
tell
the
certainty
of
the
Land
,
but
of
Trespasse
in
Land
his
Free-hold
is
good
:
5
H.
7.
f.
28
B.
See
Brook
Title
General
Issue
.
Pleas
uncertain
.
Where
it
is
uncertain
in
place
,
and
where
not
.
TRespasse
,
for
that
that
the
Defendant
holds
Land
of
him
in
Reseleigh
,
by
reason
of
which
he
ought
to
scowre
Ditches
,
and
for
that
he
doth
not
shew
where
those
Ditches
are
,
it
is
not
good
:
46
Ed.
3.
f.
8
Trespasse
,
it
is
a
good
Plea
to
plead
,
that
there
was
an
Arbitrement
that
he
should
pay
ten
pounds
,
which
he
hath
paid
,
without
saying
,
where
he
hath
paid
it
:
8
H.
6.
fol.
74
If
Surrender
or
Attornement
be
pleaded
,
which
is
matter
in
deed
traversable
,
it
ought
to
be
shewed
where
it
was
made
:
18
Ed.
4.
f.
16.
B.
Where
one
avowes
upon
a
Grant
of
a
Rent-charge
made
to
him
,
and
that
one
attorned
,
he
ought
to
shew
in
what
place
:
2
R.
3.
f.
13
Annuity
,
the
Defendant
saith
,
that
he
tendered
that
to
him
,
and
for
that
he
doth
not
shew
where
,
it
is
not
good
,
for
it
is
matter
in
deed
issuable
,
which
ought
to
be
shewed
certain
:
9
H.
6.
f.
16
Held
,
if
one
plead
Arbitrement
in
Barr
,
he
ought
to
shew
where
the
Submission
was
made
:
9
H
6.
f.
50
Decies
tantum
,
for
imbracing
,
and
for
that
he
doth
not
shew
where
it
is
not
good
:
37
H.
6
f
31
1
R.
3.
f.
1
Presentment
in
the
Sheriffs
Turn
,
that
A.
Abbot
of
D.
had
a
Tann-house
,
and
had
tanned
Leather
insufficiently
,
and
that
he
had
sold
and
uttered
the
same
Leather
,
contrary
to
the
Statute
;
and
for
that
he
doth
not
shew
in
what
place
it
was
sold
and
uttered
,
it
is
not
good
;
for
there
is
no
place
upon
which
the
View
shall
be
,
and
that
is
material
.
3
Ed.
4.
fol.
30
Trespasse
,
Defendant
pleads
Lease
for
years
,
and
ought
to
shew
where
it
was
made
,
for
it
is
traversable
.
5
H.
7.
f.
3
Presentment
,
that
an
Abbot
and
his
Successors
use
to
cleanse
a
Gutter
by
the
high-way
,
by
reason
of
the
Tenure
of
some
of
their
Land
,
and
this
is
issuable
,
for
that
it
ought
to
be
alleadged
where
the
Land
is
.
Where
one
avowes
for
Rent-charge
granted
to
him
by
Deed
,
he
ought
to
shew
in
what
County
,
and
where
it
was
granted
:
5
E.
4.
f.
11
If
one
plead
a
Lease
made
to
him
for
years
,
he
ought
to
shew
where
it
was
made
:
5
H.
7.
f.
24
&
3
E.
4.
fo.
27.
B.
18
E.
4.
f.
the
same
.
False
Imprisonment
,
if
the
Defendant
justifie
the
Arrest
by
Precept
,
he
ought
to
shew
where
the
Precept
was
made
:
14
H.
8.
f.
18
&
21
H.
7.
f.
73
the
same
.
Where
the
Defendant
pleads
that
J.
S.
hath
Goods
in
divers
Dioces
,
and
the
Administration
belong
to
the
Metropolitan
,
if
he
do
not
shew
in
what
Town
the
Goods
are
,
it
is
not
good
:
10
H.
7.
f.
16.
Debt
upon
Arrerages
of
Annuity
granted
to
him
,
till
he
were
promoted
to
a
Benefice
,
to
plead
that
he
took
a
Wife
is
not
good
,
if
he
do
not
shew
where
,
for
it
is
traversable
:
35
H.
6.
f.
50
Where
the
thing
is
issuable
,
it
ought
to
be
shewed
in
what
place
it
was
.
INformation
of
Liveries
,
the
Plaintiff
ought
to
count
where
the
Cloth
was
given
,
that
is
,
at
D.
5
H.
7.
f.
18
12
E.
4.
f.
11
Trespasse
,
Defendant
saith
,
that
the
place
where
,
&c.
is
the
Free-hold
of
J.
S.
and
that
he
by
his
commandement
entered
,
he
ought
to
shew
where
the
commandement
was
given
,
but
if
he
iustifie
as
a
Servant
,
and
by
his
commandement
,
he
need
not
shew
where
the
commandement
was
.
35
H.
6.
fol.
59
Debt
upon
Arrerages
of
Annuity
,
Defendant
saith
,
it
was
granted
to
the
Plaintiff
,
till
he
was
promoted
to
a
Benefice
,
and
saith
,
that
he
was
promoted
to
a
Benefice
,
and
ought
to
shew
where
,
for
it
is
issuable
.
Uncertain
for
Year
or
Day
.
TRespasse
,
the
Defendant
iustifies
,
that
be
entered
as
Lord
,
for
that
,
that
the
Tenant
aliened
in
Mortmain
,
and
for
that
he
doth
not
shew
what
Day
and
Year
,
it
is
not
good
:
7
H.
7.
f.
5
Qnare
impedit
,
the
Defendant
saith
,
that
the
next
Avoidance
was
granted
to
J.S.
which
died
intestate
,
and
the
Ordinary
sequestred
,
and
for
that
that
it
is
not
what
year
he
granted
,
it
is
not
good
:
9
H.
7.
f.
23.
Trespasse
of
Goods
,
to
plead
that
in
London
is
a
Market
every
day
but
Sunday
,
and
that
he
bought
them
on
Friday
,
this
is
good
without
shewing
what
year
,
for
the
year
is
not
material
,
by
Choke
,
12
Ed.
4.
f.
1.
Assise
,
if
the
Tenant
plead
that
one
Plaintiff
died
after
the
last
continuance
,
he
ought
to
shew
what
day
,
which
may
appear
:
18
Ed.
4.
f.
13.
B.
Escheat
,
it
is
good
without
counting
what
day
he
committed
the
Felony
,
for
the
day
is
not
material
,
if
it
be
one
day
or
other
:
40
Ed.
3.
f.
45.
Debt
,
and
counts
that
the
eldest
Son
married
K.
and
if
he
died
before
carnal
knowledge
,
that
the
youngest
should
marry
her
,
if
the
Ecclesiastical
Law
would
permit
,
and
counts
that
the
eldest
married
her
,
and
died
before
carnal
knowledge
,
and
that
he
purchased
a
Dispensation
,
and
required
the
youngest
to
marry
her
,
and
he
refused
,
and
though
he
do
not
shew
what
day
,
it
is
good
:
12
H.
8.
f.
6.
Assise
brought
the
same
Day
that
the
Disseisin
was
made
,
it
shall
be
intended
that
the
Disseisin
was
first
,
and
that
the
Writ
was
brought
after
the
same
day
:
4
H.
6.
f.
7.
Rescous
,
and
counts
that
he
distrained
for
Rent
,
and
doth
not
shew
the
dayes
of
Payment
,
and
for
that
not
good
:
8
H.
4.
f.
1.
Obligation
of
two
hundred
Markes
,
and
the
Condition
is
to
pay
one
hundred
Markes
at
a
day
certain
,
and
in
Debt
the
Defendant
pleads
that
he
hath
paid
the
hundred
Markes
,
and
for
that
,
that
there
is
but
a
day
,
which
may
be
according
to
the
Condition
,
it
is
not
good
:
47
Ed.
3.
fol.
13.
Where
a
day
is
issuable
,
it
shall
be
pleaded
certain
,
as
one
pleads
a
Lease
made
to
him
for
years
,
he
ought
to
shew
when
it
was
made
:
Plowd
.
Com.
f.
24.
Debt
upon
an
Obligation
,
which
is
endorsed
with
a
Condition
,
that
if
the
Defendant
renounce
all
the
Administration
,
&c.
and
no
day
is
in
the
Condition
,
when
it
shall
be
,
and
the
Defendant
pleads
that
he
hath
renounced
the
Administration
,
and
for
that
,
that
he
doth
not
shew
what
day
,
it
is
not
good
,
for
it
may
be
after
the
Writ
purchased
,
and
then
it
is
not
good
:
15
Ed.
4.
fol.
29.
Trespasse
of
Swannes
taken
,
the
Defendant
saith
,
that
long
time
before
the
Trespasse
supposed
,
the
property
was
to
J.
S.
which
gave
them
to
him
,
the
Plaintiff
saith
,
that
long
time
before
J.
S.
had
property
,
the
property
was
in
him
,
and
for
that
,
that
he
doth
not
shew
what
day
;
it
is
not
good
;
31
H.
6.
f.
12.
Entry
by
the
Lord
Cromwell
of
the
Mannour
of
Amphill
,
the
Defendant
pleads
a
Lease
for
years
,
and
a
Release
,
and
it
is
not
good
,
without
shewing
when
the
Lease
was
made
,
notwithstanding
that
it
be
shewed
when
that
began
,
for
that
,
that
he
ought
to
shew
that
the
Lease
was
made
such
a
day
,
and
the
Release
after
:
32
H.
6.
f.
8.
Debt
upon
an
Obligation
,
the
Defendant
saith
it
is
endorsed
upon
Condition
,
that
if
he
infeoff
him
,
and
he
then
pay
to
him
twenty
pounds
,
that
the
Obligation
shall
be
vold
,
and
it
is
not
expressed
what
day
the
Payment
ought
to
be
made
,
and
yet
he
ought
to
shew
what
day
,
for
that
is
said
to
be
forthwith
after
the
Feoffment
,
for
the
words
are
,
that
then
he
shall
pay
:
33
H.
6.
f.
48.
B.
Matter
uncertain
.
See
where
it
is
uncertain
in
Matter
,
and
where
not
.
TRespasse
,
the
Defendant
pleads
,
that
the
Plaintiff
was
indebted
to
him
in
a
hundred
Markes
,
and
that
he
pawned
the
Goods
till
he
were
paid
,
and
for
that
,
he
doth
not
shew
for
what
the
Debt
was
due
,
nor
whether
he
paid
it
or
no
,
it
is
uncertain
,
and
is
not
good
:
5
H.
7.
f.
1.
Trespasse
,
if
the
Defendant
saith
that
A.
was
seised
of
the
Mannour
of
D.
whereof
the
place
is
parcell
,
he
shall
say
at
what
time
the
Trespasse
is
parcell
,
otherwise
it
is
not
good
:
32
H.
6.
f.
24.
&
10
H.
7.
f.
28.
the
same
.
One
pleads
a
Fine
levied
to
B.
of
the
Mannour
of
D.
and
that
the
Tenant
attorned
to
B.
and
for
that
he
doth
not
say
,
that
the
Conisee
was
seised
of
the
Mannour
at
the
time
of
the
Attornement
,
and
also
for
that
,
that
he
doth
not
shew
what
Terme
the
Fine
was
levied
,
it
is
not
good
:
10
H.
7.
f.
28.
Found
by
Office
that
the
Lord
Greystock
Tenant
of
the
King
died
seised
,
and
one
came
to
traverse
that
,
and
said
,
that
the
Dean
of
York
recovered
in
a
Writ
of
Right
against
the
Lord
Greystock
,
and
entered
,
long
before
the
Inquisition
,
&c.
and
gave
to
him
in
Tail
,
and
it
is
not
good
;
3
H.
7.
f.
2.
for
that
it
is
not
shewed
if
the
Entry
was
in
the
life
of
the
Lord
,
or
after
his
death
.
Forcible
Entry
,
where
the
Defendant
saith
,
that
J.
H.
and
H.
Wood
infeoffed
Fines
and
Sackvile
,
and
iustiffies
as
Servant
to
them
;
the
Plaintiff
saith
,
one
J.
S.
J.
Hook
,
and
H
,
Wood
infeoffed
him
,
and
for
that
he
doth
not
say
,
the
aforesaid
J.
Hook
and
H.
Wood
,
it
is
not
good
:
1
H.
7.
fol.
19.
Where
one
pleads
Barr
,
which
comprehends
but
one
matter
,
this
shall
be
certain
,
as
Arbitrement
,
he
ought
to
shew
where
the
Submission
was
made
,
and
if
that
comprehend
two
matters
,
he
need
not
to
shew
both
so
certain
,
as
it
is
said
,
Free-hold
of
a
stranger
,
and
he
as
Servant
,
and
by
his
command
entered
,
it
is
good
without
shewing
where
the
commandement
was
,
3
H.
7.
fol.
11.
B.
Quare
impedit
,
The
Defendant
saith
,
that
J.S.
granted
the
next
avoidance
to
A.
which
presented
,
and
the
Church
is
void
,
and
the
next
avoidance
was
granted
to
B.
which
died
intestate
,
and
the
Ordinary
sequestred
,
and
for
that
,
that
he
doth
not
shew
the
name
of
the
Ordinary
,
it
is
not
good
,
9
H.
7.
fol.
23.
Trespasse
,
the
Defendant
pleads
that
it
is
the
Freehold
of
John
Sherewood
,
and
that
he
by
his
commandement
entered
,
and
for
that
,
that
he
doth
not
shew
where
the
command
was
,
it
is
not
good
,
otherwise
it
is
,
if
he
had
justified
as
Servant
,
and
by
his
commandement
,
12
Ed.
4.
fol.
10.
Trespasse
,
upon
the
Statute
of
Rich.
the
Defendant
saith
,
that
his
Predecessour
,
Master
of
the
Hospitall
of
Saint
Johns
of
Jerusalem
,
was
seised
,
and
died
,
and
that
he
was
Master
,
and
entered
after
his
death
,
and
might
be
Master
by
Election
,
Collation
,
or
Presentment
,
and
for
that
it
is
not
good
,
34
H.
6.
fol.
27.
Debt
upon
Obligation
,
the
Defendant
saith
,
that
it
is
indorsed
upon
condition
to
be
at
the
award
of
J.S.
who
awarded
that
he
should
discontinue
his
Action
,
which
he
had
made
,
which
he
hath
done
,
and
for
that
it
is
not
shewed
what
Action
,
nor
●ow
it
is
hanging
,
it
is
not
good
,
36
H.
6.
fol.
9.
Maintenance
,
The
Defendant
iustifies
for
that
,
that
he
was
his
Servant
,
and
the
Plaintiffe
saith
that
he
gave
four
Marks
to
maintain
,
and
for
that
,
that
he
doth
not
say
,
hanging
the
Plea
,
it
is
not
good
,
for
it
may
be
before
,
and
then
it
is
no
Maintenance
,
3
H.
6.
fol
54.
Trespasse
,
The
Defendant
pleads
that
J.S.
enfeoffed
the
Plaintiffe
to
the
use
of
Alice
,
by
force
whereof
the
said
Alice
gave
to
him
the
Trees
,
and
it
is
no
Plea
,
for
he
doth
not
shew
if
the
Plaintiffe
were
seised
at
the
time
of
the
gift
to
the
use
of
Alice
,
7
H.
7
f.
3.
Trespasse
,
if
the
Defendant
iustifie
by
command
of
him
to
whose
use
he
ought
to
say
,
that
at
the
time
of
the
commandement
they
were
seised
to
the
use
,
&c.
the
same
Law
,
if
one
plead
a
Lease
,
and
Release
,
he
ought
to
say
,
that
he
was
possessed
at
the
time
of
the
Release
made
,
10
H.
7.
f.
26.
&
7
H.
7
f.
3.
the
same
.
That
which
is
Issuable
ought
to
be
pleaded
certainly
.
ONe
avows
for
that
,
that
the
Plaintiffe
held
of
him
by
a
Knights
Fee
,
and
this
is
not
good
,
for
that
he
doth
not
shew
by
what
Knights
Fee
,
12
H.
8.
fol.
13.
3
H.
7.
f.
2.
One
traverses
the
Office
found
after
the
death
of
the
Lord
Greystock
,
the
Kings
Tenant
,
which
was
found
that
he
died
seised
,
and
he
said
that
the
Dean
of
York
recovered
against
the
Lord
G.
in
a
Writ
of
Right
,
long
before
the
finding
of
the
Office
,
and
it
may
be
he
recovered
against
him
long
before
the
finding
the
office
,
and
it
might
be
,
after
the
death
of
the
Lord
Greystock
,
and
for
that
it
is
not
good
,
for
it
is
uncertain
.
So
if
one
plead
that
he
entred
for
that
,
that
his
Tenant
aliened
in
Mortmain
,
he
ought
to
shew
that
he
entered
within
the
year
,
otherwise
it
is
not
good
.
26
H.
8.
fol.
2.
Debt
upon
Obligation
,
indorsed
with
condition
,
if
he
make
an
Estate
,
as
it
shall
be
devised
by
the
Plaintiffe
,
Defendant
saith
,
that
he
hath
made
an
Estate
,
and
it
is
not
good
,
without
shewing
what
Estate
.
1
H.
7.
fol.
13.
One
comes
to
reverse
an
Outlawry
of
Felonie
,
and
pleads
that
he
was
in
the
Castle
of
Oxford
,
at
the
time
of
the
Outlawry
published
,
and
for
that
he
doth
not
shew
,
in
what
County
the
Castle
is
,
nor
under
whose
custody
,
it
is
uncertain
,
and
not
good
,
for
these
are
Issuable
.
2
H.
7.
f.
6.
Dower
against
the
Heire
,
he
saith
,
that
he
was
ready
to
render
Dower
,
if
she
would
deliver
to
him
the
Writings
concerning
his
Land
,
and
for
that
he
doth
not
shew
what
Writings
,
incertain
,
it
is
nor
good
,
for
it
is
Issuable
.
Affirmative
and
Negative
.
Issue
shall
be
upon
the
Affirmative
,
and
Negative
,
and
it
shall
not
be
answered
by
Argument
.
DEbt
against
the
Administrators
of
J.S.
Defendant
saith
that
J.
S.
made
him
Executor
,
Judgement
of
the
Writ
,
he
shall
say
without
that
,
that
he
died
intestate
,
for
this
is
alledged
by
the
Plaintiffe
,
9
H.
6.
fol.
7.
11
H.
4.
fol.
88
Trespasse
of
taking
six
beasts
,
the
Defendant
iustifies
the
taking
of
them
by
agreement
,
the
Plaintiffe
saith
,
they
were
other
six
,
and
ought
to
traverse
without
that
,
that
he
took
those
six
in
the
Negative
.
11
H.
6.
f.
1.
Writ
upon
the
Statute
of
Labourers
,
and
counts
,
that
the
Defendant
was
a
Vagrant
,
and
he
required
him
to
serve
,
and
he
refused
,
Defendant
saith
,
that
he
was
in
the
Service
of
J.
S.
and
shall
say
without
that
,
that
he
was
a
Vagrant
.
1
H.
6.
f.
15.
Formedon
in
Reverter
,
and
counts
of
a
gift
in
Tail
,
the
Defendant
saith
,
that
the
Donor
gave
in
Fee
,
and
it
is
not
good
,
but
he
shall
say
without
that
,
that
he
gave
in
Tail
.
10
H.
6.
f.
7.
Account
for
the
Heire
,
against
a
Woman
Guardian
in
Socage
,
Defendant
saith
,
that
the
father
of
the
Insant
held
of
her
in
Knights
Service
,
and
died
,
and
Defendant
seised
him
,
and
he
ought
to
say
without
that
,
that
he
held
by
Knights
Service
.
14
H.
8.
fol.
4.
The
Avowant
saith
,
that
W.
the
tenth
day
of
February
,
year
twenty
five
granted
,
his
Interest
to
him
,
and
avowed
doing
damage
,
Plaintiffe
saith
,
that
W.
the
first
day
of
Feb.
year
twenty
five
granted
,
his
Interest
to
him
,
and
he
put
in
his
beasts
without
that
,
that
he
granted
that
to
the
Avowant
,
before
he
granted
that
to
him
,
and
good
.
38
H.
6.
f.
17.
Action
upon
the
Case
,
of
that
,
that
he
hath
Leet
and
Fines
,
and
Amerciaments
of
the
same
,
Defendant
saith
,
true
it
is
,
that
the
Plaintiffe
hath
Leet
,
but
that
he
the
Defendant
hath
Fines
,
and
Amerciaments
,
he
ought
to
say
without
that
,
that
the
Plaintiffe
,
hath
the
F●nes
and
Amerciaments
.
18
H.
6.
f.
8.
Debt
upon
an
Obligation
dated
the
twentieth
of
Aprill
,
and
first
delivered
the
second
of
May
,
the
Defendant
pleads
Release
the
last
day
of
April
,
and
that
the
Obligation
was
delivered
when
it
bore
date
,
and
for
that
,
that
he
hath
not
traversed
in
the
Negative
,
that
is
to
say
,
without
that
,
that
it
was
first
delivered
,
the
second
day
of
May
,
it
is
not
good
.
32
H.
6.
f.
4.
Debt
,
and
Counts
of
a
Lease
of
a
House
,
rendering
twenty
shillings
;
Defendant
saith
,
that
he
let
the
House
and
four
Acres
rendering
twenty
shillings
,
and
ought
to
traverse
,
otherwise
it
is
but
an
Answer
by
Argument
.
32
H.
8.
f.
8.
Debt
against
Executors
,
Defendant
saith
,
that
the
Testator
died
intestate
,
that
the
Administration
was
granted
to
him
,
he
ought
to
say
,
without
that
,
that
he
is
Executor
,
or
administred
as
Executor
.
1
H.
7.
f.
13.
Debt
upon
a
simple
Contract
,
Defendant
saith
,
it
was
upon
Condition
,
and
shall
say
,
without
that
,
that
he
sold
in
manner
and
form
.
4
H.
7.
f.
9.
Partition
,
Defendant
saith
,
that
he
was
onely
seised
,
and
shall
say
,
without
that
,
that
he
held
as
undivided
;
6
H.
7.
f.
5.
4
H.
6.
fol.
4.
Debt
against
J.
S.
of
D.
Defendant
saith
,
that
he
is
dwelling
at
S.
and
shall
say
,
and
not
at
D.
19
H.
6.
f.
1.
the
same
.
7
Ed.
4.
f.
16.
Scire
facias
against
a
Parson
for
Arrerages
of
an
Annuity
,
Defendant
saith
,
that
before
the
Writ
purchased
,
he
resigned
to
the
Bishop
of
L.
and
so
that
remaines
in
his
hands
,
Judgement
of
the
Writ
,
and
it
is
no
Plea
,
for
it
is
but
an
Answer
by
Argument
;
and
for
that
he
shall
say
,
without
that
,
that
he
was
Parson
;
day
of
the
Writ
purchased
,
or
afterwards
.
11
Ed.
4.
fol.
4.
Action
upon
the
Statute
of
Rich.
by
J.
Freestone
,
Defendant
saith
,
that
the
Master
of
the
Colledge
of
Maidstone
,
and
his
fellow-brethren
let
,
&c.
Plaintiff
saith
,
at
the
time
of
the
making
of
the
Lease
,
there
were
not
any
fellow-brethren
of
the
said
Colledge
,
and
this
is
but
an
Argument
,
and
for
that
he
shall
say
,
without
that
,
that
the
Master
and
his
fellow-brethren
let
.
14
H.
8.
f.
29.
Issue
shall
be
upon
Affirmative
and
Negative
.
9
H.
7.
fol.
13.
Trespasse
,
Defendant
justifies
for
Fealty
not
made
;
the
Plaintiff
saith
,
it
was
not
unmade
,
and
good
in
the
Negative
.
Material
.
Let
us
see
what
things
are
material
in
pleading
,
Evidence
and
Verdict
,
and
otherwise
,
and
what
not
.
ACtion
upon
the
Case
in
London
,
and
counts
that
he
was
possessed
of
Wine
and
Stuff
,
and
shews
that
certain
in
such
a
Ship
,
and
the
Defendant
at
London
assumed
for
ten
pounds
,
that
if
the
Ship
and
Goods
did
not
come
safe
to
London
,
and
are
put
upon
the
Land
there
,
that
then
he
shall
satisfie
one
hundred
pounds
to
the
Plaintiff
,
and
counts
that
aftewards
the
Ship
was
●obbed
upon
the
Trade
in
the
Sea
,
and
for
not
satisfying
,
Action
did
accrue
,
and
though
that
the
Plaintiff
doth
not
shew
where
he
was
possessed
,
it
is
good
,
and
though
it
appear
upon
the
Evidence
,
that
the
Bargain
was
made
beyond
Sea
,
and
not
in
London
,
yet
for
that
the
place
is
not
local
,
it
is
not
material
,
and
though
they
were
robbed
upon
the
Sea
,
the
Action
lies
in
London
upon
the
Assumpsit
,
34
H.
8.
Tit.
107.
40
Ed.
3.
fol.
2.
Precipe
,
against
H.
Son
of
W.
Osmond
,
the
Tenant
at
the
great
Cape
came
before
he
saved
his
default
,
and
saith
,
that
his
Father
is
named
Edmond
,
and
not
Osmond
,
and
shall
have
that
Plea
before
he
save
his
default
,
and
that
is
material
,
for
mischeif
of
the
Warrant
:
40
Ed.
3.
f.
48.
41
Ed.
3.
fol.
15.
Ravishment
of
J.
Heir
to
his
Father
,
where
he
was
Heir
to
his
Father
and
Mother
,
for
the
Lands
were
given
to
the
Father
and
Mother
,
and
to
the
Heirs
of
their
two
Bodies
,
and
the
Mother
survived
,
and
yet
it
is
good
,
for
the
Action
is
personal
,
and
it
is
not
material
if
he
be
named
Heir
to
one
or
other
;
43
Ed.
3.
fol.
4.
the
same
.
3
H.
7.
f.
14.
Where
a
Jury
appears
,
and
notwithstanding
the
Distresse
,
for
the
Jurors
were
not
w●ll
returned
,
it
is
not
material
,
and
for
that
it
shall
not
be
assigned
for
Error
.
21
H.
7.
fol.
36.
It
seems
in
the
Case
of
a
Lease
of
Common
,
except
profits
,
that
where
a
Lease
is
pleaded
to
be
made
one
day
,
and
it
is
found
by
Verdict
to
be
made
another
day
,
the
day
is
not
material
,
and
the
party
shall
recover
;
and
where
Trespasse
is
alleadged
to
be
made
one
day
,
and
it
is
found
to
be
made
another
,
it
is
not
material
,
but
the
party
shall
recover
.
33.
H.
7.
f.
11.
In
an
Obligation
one
is
named
of
D.
he
is
not
estopped
to
say
,
that
he
is
dwelling
at
S.
and
not
at
D.
for
it
is
a
recitall
not
materiall
.
34
H.
6.
f.
21.
Debt
against
J.
wikes
at
Bristoll
.
38
H.
6.
f.
9.
The
Array
was
challenged
,
for
that
it
was
made
at
the
denomination
of
the
party
by
one
J.
S.
the
Sheriffs
Clerk
,
and
given
in
Evidence
,
that
it
was
made
at
the
denomination
,
by
the
Baillff
of
the
Franchise
,
and
that
is
good
Evidence
,
for
the
substance
and
effect
is
,
if
it
were
made
favourably
or
not
,
and
the
other
is
not
materiall
.
32
H.
6.
fol.
3.
The
Original
in
Debt
is
two
and
forty
pounds
,
and
there
is
a
Supersedeas
sued
upon
that
,
for
that
the
Defendant
is
Clerk
of
the
Chancery
,
and
the
Supersedeas
doth
mention
four
and
forty
pounds
,
and
yet
for
that
he
is
a
Clerk
of
the
Chancery
hath
the
priviledge
allowed
,
and
the
other
is
not
material
.
36
H.
6.
f.
2.
Debt
upon
a
Recognisance
,
the
Defendant
pleads
no
such
Record
,
and
it
is
certified
Recognisance
upon
Condition
not
expressed
,
and
the
Plaintiff
shall
recover
,
otherwise
it
is
,
if
it
were
certified
upon
Condition
therein
.
42
E.
3.
f.
3.
Covenant
by
one
as
Heir
,
where
a
Covenant
was
made
to
his
Father
and
his
Heirs
,
to
sing
Divine
Service
within
his
Mannour
,
he
need
not
to
be
named
Heir
,
whether
he
be
named
Heir
or
not
,
it
is
not
material
,
for
if
he
be
Tenant
of
the
Land
,
it
shall
not
abate
for
that
,
for
he
that
hath
the
Mannour
shall
have
this
Covenant
,
for
the
thing
is
to
be
done
upon
the
Land
;
44
Ed.
3.
f.
38.
44.
Ed.
3.
fol.
45.
Assise
of
Tenements
in
Belham
,
Defendant
pleads
Recovery
of
the
same
Lands
put
in
View
in
Eston
,
and
for
that
,
that
the
Town
is
not
material
in
Assise
(
for
he
shall
recover
by
View
of
the
Jurors
)
is
good
.
6
H.
7.
fol.
6.
Appeal
against
J.
Hasset
,
Cannon
of
the
Monastery
of
W.
the
Defendant
saith
,
no
such
J.
Hasset
Cannon
of
the
Monastery
of
W.
it
is
not
good
,
for
if
he
be
Cannon
or
not
,
it
is
not
material
,
but
no
such
J.
Hasset
as
is
supposed
by
the
Writ
;
10
H.
7.
f.
27.
3
E.
2.
tit
.
Eschea●
8.
In
Escheat
,
the
Plaintif
counts
that
his
Tenant
committed
Felony
,
for
which
he
was
attaint
,
and
the
count
was
challenged
,
for
that
he
doth
not
say
for
what
Felony
,
and
yet
it
is
good
,
for
it
is
not
materiall
for
what
Felony
it
was
.
7
H.
4.
f.
1.
Debt
by
a
woman
,
Defendant
pleads
that
shee
is
out-lawed
at
the
Suit
of
J.S.
and
the
Plaintif
pleads
no
such
Record
,
and
she
was
out-Lawed
at
the
Suit
of
N.S.
and
she
shall
not
be
answered
,
for
it
is
not
materiall
at
whose
Suit
she
was
out-Lawed
.
4
Ed.
4.
fol.
29.
Obligation
is
W.N.
to
be
bound
to
J.S.
and
is
to
be
paid
to
W.
N.
where
it
should
be
J.
S.
and
this
to
be
paid
is
not
materiall
,
for
the
Obligation
is
good
without
,
to
be
paid
,
and
may
count
solvendum
J.
S.
and
it
is
good
.
7.
Ed.
4.5
.
Hominereplegiando
,
by
an
Abbesse
,
they
were
at
Issue
,
and
it
is
a
principle
challenge
,
that
one
of
the
Jury
was
cozen
to
a
Nun
of
the
Abbesse
,
and
it
shall
be
tried
if
he
were
Cozen
or
not
,
and
it
is
not
materiall
how
he
is
Cozen.
9
Ed.
4.
fol.
4.
A
man
is
bound
in
an
obligation
,
the
condition
of
that
is
,
if
he
go
to
the
Church
and
marry
his
Daughter
,
&c.
and
he
rides
and
marryes
her
,
that
sufficeth
,
and
the
other
not
materiall
,
for
the
Marriage
is
the
substance
,
and
not
going
,
or
riding
to
do
it
.
10
Ed.
4.
fol.
13.
Detinue
,
against
J.
Curson
and
the
writ
was
,
command
J.
Curson
,
Son
and
Heire
of
J.
Curson
,
where
in
truth
he
was
Son
of
William
Curson
,
and
the
Plaintiff
counts
of
delivery
of
Goods
,
and
for
that
it
is
not
materiall
.
12
Ed.
4.
fol.
1.
Trespasse
of
Goods
taken
,
the
Defendant
saith
that
in
London
there
is
a
Market
every
day
but
Sunday
,
and
that
J.S.
sold
them
to
him
upon
a
Fryday
,
and
though
he
do
not
shew
what
year
,
it
is
good
,
for
it
is
not
materiall
.
22
Ed.
4.
tit.
128.
Shewing
of
Deeds
,
trespasse
by
Admistrator
,
and
counts
of
Goods
taken
out
of
his
own
possession
,
he
need
not
shew
Letters
of
administration
,
for
that
it
is
of
his
own
possession
,
and
is
not
materiall
.
38
Ed.
3.
tit.
14
Detinue
of
writings
,
by
J.
Son
of
T.W.
it
is
no
Plea
that
the
Plaintif
is
a
Bastard
,
for
he
demands
but
Chattells
,
whereof
he
was
in
possession
,
and
it
is
not
materiall
.
15
H.
7.
f.
11.
Trespasse
,
where
the
Defendant
conveyes
to
him
title
by
diverse
scoffments
of
strangers
the
Plaintiff
may
traverse
any
which
he
will
,
but
if
he
convey
any
title
from
the
Plaintiff
himself
,
that
is
more
materiall
and
traversable
.
3
Ed.
4
fol.
19.
Trespasse
,
the
Defendant
saith
that
J.S.
gave
in
taile
to
his
Ancestor
,
which
dyed
seised
,
and
this
discended
to
him
,
the
Plaintiff
saith
that
he
was
seised
in
Fee
,
in
right
of
his
Church
,
till
the
Defendant
outed
him
,
and
ought
to
traverse
without
that
,
that
J.S.
gave
in
taile
,
&c.
For
this
is
most
materiall
,
15
Ed.
4.
fol.
2.
the
same
.
26
H.
8.
f.
1.
The
King
recites
that
for
the
good
service
that
he
had
done
in
the
Warrs
,
he
grants
,
where
he
was
never
in
the
Warrs
,
it
is
a
good
grant
,
for
the
recitall
is
matter
in
deed
,
not
materiall
.
9
H.
7.
fol.
7.
If
the
King
make
a
Denizen
,
and
recite
that
where
he
was
borne
in
France
,
where
indeed
he
was
borne
in
Spain
,
this
grant
and
making
him
Denizen
,
is
a
good
grant
,
and
the
recitall
is
not
materiall
.
3
H.
6.
fol.
9.
Where
processe
is
miscontinued
,
and
Judgment
given
by
default
,
this
Judgment
upon
miscontinuance
is
errour
,
and
may
be
assigned
for
errour
,
but
where
it
is
miscontinuance
of
processe
,
and
the
party
appear
and
pleads
,
and
Judgment
upon
Verdict
is
given
,
this
cannot
be
assigned
for
errour
.
See
,
3
H.
7.
f.
8.
1
H.
7.
f.
12.
Errour
was
assigned
,
for
that
it
was
contained
in
the
Record
,
that
in
base
Court
the
Entry
was
,
that
the
Court
was
held
upon
Tuesday
,
that
is
the
third
day
of
March
,
where
Munday
was
the
third
day
of
March
,
and
this
was
adjudged
errour
,
and
the
(
Videlicet
,
&c.
)
materiall
.
4
H.
7.
f.
6.
Where
one
is
named
Executor
,
where
that
name
Executor
is
not
materiall
,
the
Writ
shall
not
abate
.
17
Ed.
4.
f.
2.
Where
the
Defendant
in
trespasse
pleads
,
that
the
plaintiff
bargained
and
sold
to
him
ten
acres
of
Corn
,
though
he
do
not
say
ten
Acres
sowne
with
corn
,
it
is
not
materiall
,
for
it
is
usually
so
called
,
and
a
good
Plea
.
1
H.
7.
f.
21.
A
certaine
Memorandum
was
entred
,
that
is
to
say
,
Memorandum
that
Simon
Wiseman
came
this
31
day
of
November
,
this
Tearme
of
S.
Michaell
.
2
H.
7.
f.
11.
If
processe
be
miscontinued
,
and
the
party
appear
and
pleads
to
the
Issue
,
and
Judgment
is
given
,
there
the
miscontinuance
is
not
materiall
,
and
is
no
Errour
.
9
Ed.
4.
f.
42.
Trespasse
of
a
Bagg
taken
with
Money
,
the
Defendant
saith
,
that
the
Plaintif
was
indebted
to
him
in
a
certain
summ
,
and
delivered
that
unto
him
for
discharge
,
and
is
good
,
though
he
do
not
shew
for
what
cause
he
was
indebted
,
for
this
is
not
traversable
,
and
for
that
is
not
materiall
.
Manner
and
Form
.
Manner
and
Form
,
where
it
is
materiall
,
and
where
not
.
MAaintenance
,
The
Defendant
iustifies
,
for
that
,
that
he
is
his
Neighbour
,
and
informed
him
of
a
man
learned
in
the
Law
,
The
Plaintiffe
saith
,
that
he
gave
money
,
the
Defendant
saith
,
that
he
did
not
maintain
in
manner
and
Form
,
and
it
is
no
Plea
without
answering
to
the
speciall
matter
,
13
Ed.
4.14
.
Trespasse
,
The
Defendant
saith
,
that
the
Plaintiffe
is
Villain
regardant
to
the
Mannour
of
D.
the
Plaintiffe
saith
he
is
free
,
and
not
Villain
in
Manner
and
Form
,
and
Manner
and
Form
is
not
material
,
but
if
he
be
a
Villain
,
or
not
,
13
Ed.
4.
f.
4.
Debt
of
the
sale
of
a
Horse
for
sorry
Shillings
,
(
where
the
Bargain
was
for
two
Horses
)
the
Defendant
pleads
,
that
he
oweth
him
nothing
in
Manner
,
and
Form
:
the
Jury
ought
to
find
for
the
Defendant
,
for
that
,
that
the
Bargain
was
for
two
Horses
40.
s.
and
Manner
and
Form
there
is
materiall
,
and
parcell
of
their
Charge
,
and
so
it
is
in
every
Case
,
where
the
Action
varies
from
the
Bargain
,
21.
Ed.
4.
f.
22.
Debt
upon
sale
simply
,
the
Defendant
saith
,
that
the
Sale
was
upon
condition
,
without
that
,
that
the
Plaintiffe
sold
that
in
Manner
and
Form
,
and
is
good
,
1
H.
7.
f.
13.
Trespasse
,
the
Defendant
justifies
,
for
that
the
Plaintiffe
held
of
him
by
Homage
,
Fealty
,
Suit
of
Court
,
and
ten
Shillings
four
pence
,
the
Plaintiffe
saith
,
that
he
held
by
Fealty
,
and
ten
shillings
,
without
that
,
that
he
held
in
Manner
and
Form
,
and
found
by
Verdict
that
he
held
by
ten
Shillings
four
pence
,
and
not
by
Homage
,
and
the
Plaintiffe
had
Judgement
for
that
,
that
part
is
found
against
the
Defendant
,
and
Manner
and
Form
is
not
materiall
,
31
H.
6.
f.
12.
9
H.
7.
fol.
12.
Entrie
in
Casupro
viso
,
and
Counts
of
alienation
in
Fee
,
the
Defendant
saith
,
that
he
did
not
alien
in
Manner
and
Form
,
as
the
Plaintiffe
hath
counted
,
and
found
that
he
aliened
in
Tail
,
the
Demandant
shall
recover
for
(
Manner
and
Form
)
are
but
words
of
Form
here
,
but
whether
he
aliened
or
not
,
is
the
substance
,
Littleton
,
fol.
113.
Lord
and
Tenant
,
and
the
Tenant
brings
Trespasse
against
his
Lord
,
and
Justifies
for
that
,
that
he
held
of
him
by
Fealty
and
Rent
,
and
for
the
Rent
behind
,
that
he
took
his
beasts
,
and
demands
Judgement
of
the
Wri●
,
(
by
force
of
Arms
)
against
him
,
the
Plaintiffe
saith
that
he
doth
not
hold
of
him
in
Manner
and
Form
,
and
though
it
be
found
,
that
he
holds
by
Fealty
onely
,
yet
the
Writ
shall
abate
,
for
(
Manner
and
Form
)
is
not
materiall
,
Littleton
f.
113.
Trespasse
of
Batterie
;
or
of
goods
taken
,
the
Defendant
pleads
not
guilty
(
in
Manner
and
Form
)
as
the
Plaintiffe
supposeth
,
and
is
found
guilty
in
another
●own
,
or
at
another
day
,
yet
the
Plaintiffe
shall
recover
,
Littleton
fol.
114.
Action
upon
the
Case
,
by
a
Husband
alone
,
upon
an
Ass●●●●t
to
him
by
Tatam
,
the
Defendant
saith
,
he
did
not
allume
in
Manner
and
Form
,
and
the
Plaintiffe
gives
in
evidence
of
an
Assampsit
made
to
his
Wife
,
and
his
agreement
afterwards
,
and
it
is
good
,
and
(
Manner
and
Form
)
is
not
materiall
,
27
H.
8.
f.
29.
Cessavit
,
That
the
Defendant
held
divers
Lands
by
intire
Service
,
he
may
plead
,
that
he
held
not
in
(
Manner
and
Form
)
and
give
in
evidence
,
that
he
held
by
severall
Service
,
and
it
is
good
,
10
H.
7.
f.
24.
An
Array
of
a
Pannell
,
was
challenged
,
for
that
it
was
made
by
the
Sheriffe
,
Cozen
to
the
Plaintiffe
,
and
shews
how
he
is
Cozen
,
the
other
saith
,
he
is
not
Cozen
in
(
Manner
and
Form
,
as
,
&c.
)
and
he
is
found
Cozen
,
but
this
is
found
to
be
in
another
Manner
,
and
yet
good
,
for
(
Manner
and
Form
)
is
not
materiall
,
19
H.
8.
fol.
7.
Assise
,
the
Tenant
pleads
a
Feofment
of
J.S.
by
Deed
,
the
Plaintif
intitles
him
,
without
that
,
that
J.S.
enfeofed
him
in
Manner
and
Form
,
and
could
not
give
in
evidence
a
Feofment
without
Deed
,
and
traverse
that
with
(
Manner
and
Form
)
is
good
to
avoid
a
Negative
pregnant
,
and
in
Sine
assensu
Cantuli
,
the
Defendant
shall
not
say
,
that
he
did
not
alien
without
the
consent
of
the
Chapter
,
but
that
he
did
not
alien
in
Manner
and
Form
to
avoid
a
pregnant
Negative
,
22
Ed.
4.
f.
4.
Negative
Pregnant
.
Where
a
Negative
pregnant
may
be
,
and
where
not
.
WAste
,
The
Defendant
saith
,
that
he
did
not
let
to
him
for
years
,
it
is
no
Plea
,
for
it
is
a
pregnant
Negative
,
but
he
shall
say
that
he
did
not
let
at
all
,
43
Ed.
3.
f.
13.
Action
upon
the
Statute
of
Rich.
he
did
not
enter
against
the
Form
of
the
Statute
,
is
good
,
though
it
be
a
pregnant
Negative
,
for
that
,
that
it
traverseth
the
point
of
the
Writ
,
31
H.
6.
f.
12.
Consimili
Casu
,
Issue
was
,
if
he
aliened
in
Fee
,
or
not
aliened
in
Fee
,
which
is
a
pregnant
Negative
,
and
allowed
,
the
reason
is
plain
,
38
H.
6
f.
3.
Lord
and
Tenant
,
the
Tenant
pleads
a
Feoffement
made
before
the
Statute
of
(
quia
em
tores
terrarum
)
after
the
time
of
memorie
,
and
the
Lord
said
,
that
he
did
not
give
after
the
time
of
memorie
,
and
is
good
,
notwithstanding
it
be
a
pregnant
Negative
,
39
H.
6.
f.
8.
Debt
upon
Obligation
,
the
Condition
to
repair
a
House
,
and
saith
,
that
A.
disturbed
him
by
the
Plaintiffes
command
,
the
Plaintiffe
saith
,
that
he
did
not
disturb
him
by
his
commandement
,
and
it
is
a
pregnant
Negative
,
and
double
,
and
for
that
saith
,
that
he
did
not
command
him
,
and
took
the
other
by
Protestation
,
9
H.
6.
f.
44.
Debt
upon
Obligation
,
the
Defendant
saith
,
it
is
indorsed
upon
condition
,
to
be
at
the
arbitrement
of
B.
so
that
it
be
delivered
to
the
parties
,
before
such
a
day
,
the
Defendant
saith
,
that
the
Arbitrators
made
no
such
Award
,
and
delivered
to
the
parties
,
and
it
is
good
notwithstanding
,
that
it
be
a
pregnant
Negative
,
for
that
it
is
Condition
,
and
is
the
whole
Condition
:
10
Ed.
4.
fol.
6.
Debt
upon
the
statute
against
a
Vicar
for
taking
Farmes
,
he
had
not
,
nor
held
not
,
against
the
forme
of
the
statute
,
is
good
,
though
it
be
a
pregnant
Negative
,
for
that
it
is
to
the
point
of
the
statute
,
27
H.
8.
f.
25.
Action
upon
the
Case
against
a
common
Inholder
of
his
Goods
taken
,
where
they
were
laid
;
the
Defendant
saith
,
that
they
were
not
taken
in
default
of
him
,
nor
of
his
Servants
,
and
it
is
not
good
,
for
it
is
a
pregnant
Negative
;
the
same
Law
is
,
where
the
Defendant
saith
,
that
he
delivered
to
the
Plaintiff
the
Key
of
his
Chamber
,
and
he
carried
A.
and
B.
with
him
,
which
carried
out
the
Goods
,
the
Plaintiff
saith
,
that
A.
and
B.
which
he
brought
in
with
him
did
not
carry
out
his
Goods
,
and
it
is
not
good
,
for
it
is
a
pregnant
Negative
;
22
H.
6.
fol.
22.
Waste
of
ten
Oakes
,
the
Defendant
saith
,
that
the
Plaintriff
gave
them
to
J.
S.
and
commanded
the
Defendant
to
cut
them
,
and
to
give
them
to
J.
S.
which
he
did
〈◊〉
the
Plaintiff
saith
,
he
did
not
cut
them
by
his
dommandement
,
and
it
is
not
good
,
for
it
is
a
pregnant
.
Negative
;
and
for
that
he
saith
,
that
he
did
not
command
;
21
H.
6.
fol.
49.
Action
upon
the
Case
of
his
House
burnt
in
dosa●●●
of
good
keeping
the
Fine
of
the
Defendant
;
the
Defendant
saith
,
that
the
House
was
not
burnt
in
default
of
his
good
keeping
of
his
fire
,
in
manner
and
forme
,
and
it
is
a
p●egnant
Negative
,
and
was
pleaded
in
Ariest
of
Judgement
,
for
that
,
that
in
this
are
comprised
two
Sentences
,
one
that
the
House
was
not
burnt
,
the
other
that
it
was
not
in
default
of
the
Defendant
;
28
H.
6.
f.
8.
Obligation
.
Here
I
intend
to
shew
to
you
how
the
Condition
of
Obligations
ought
to
be
pleaded
,
performed
.
WHere
one
pleads
Conditions
performed
,
and
his
Plea
is
in
the
Affirmative
,
he
ought
to
plead
in
certain
,
as
where
the
Condition
is
to
discharge
the
Obligee
,
it
is
no
plea
to
say
,
that
he
hath
discharged
him
,
but
he
ought
to
plead
now
he
hath
discharged
certainly
;
5
H.
7.
f.
8.
&
6
H.
7.
f.
5.
But
if
the
Condition
be
to
save
him
without
damage
,
to
pleade
in
the
Negative
,
(
he
was
not
●amnified
)
is
good
;
7
H.
4.
f.
13.38
H.
6.
f.
14.
&
10
H.
7.
f.
13.
By
Hussey
,
if
Condition
be
to
save
the
Plaintiff
harmlesse
,
to
plead
(
he
was
not
damnified
)
is
good
:
but
it
the
Condition
be
to
discharge
or
acqui●
him
,
he
ought
to
plead
how
specially
he
hath
acquitted
and
discharged
him
;
22
Ed.
4.
f.
43.35
H.
6.
f.
13.
&
40
Ed.
3.
f.
20.
If
the
Condition
be
,
that
if
the
Defendant
acquit
the
Plaintiff
against
J.
S.
and
he
pleads
that
J.
S.
released
to
the
Plaintiff
at
his
request
,
and
this
is
a
good
Acquittall
,
1.
H.
7.
f.
30.
Condition
was
to
discharge
a
Sheriff
,
it
was
held
clear
,
that
the
Defendant
shall
say
generally
,
that
he
hath
discharged
him
,
without
shewing
how
,
for
he
cannot
shew
speciall
discharge
,
where
there
was
no
Charge
,
I
suppose
this
was
,
for
that
it
was
infinito●
▪
〈◊〉
Ed.
〈◊〉
f.
10.
&
21
H.
7.
fol.
30.
Condition
that
if
he
keep
J.S.
discharged
of
all
Escapes
of
all
Felone
in
such
a
Prison
,
the
Defendant
saith
,
there
were
but
two
Prisoners
,
that
is
,
J.S.
and
R.K.
and
that
he
was
not
damnified
,
and
a
good
Plea
.
If
the
Condition
be
to
gather
all
the
green
Wax
of
the
County
,
the
Defendant
may
plead
generally
that
he
gathered
all
,
without
shewing
specially
what
that
is
,
for
that
,
that
it
is
infinite
,
2
H.
7.
fol.
15.
If
Condition
be
that
if
the
Defendant
serve
the
Plaintiffe
,
without
absence
for
seven
yeares
(
speciall
license
excepted
)
the
Defendant
may
plead
that
he
hath
served
the
Plaintiff
this
seven
yeares
;
and
not
absented
himselfe
(
speciall
license
excepted
)
and
it
is
good
,
for
it
may
be
he
hath
licensed
him
diverse
times
,
and
he
need
not
shew
all
,
6
Ed.
4.
fol.
2.
If
the
condition
be
,
that
if
the
Defendant
finde
sufficient
Meat
,
Drink
,
and
Apparrell
to
one
,
till
he
be
of
the
age
of
twenty
foure
yeares
,
it
is
a
good
Plea
to
say
,
that
he
hath
found
him
,
Meat
,
Drink
,
and
Apparrell
sushcient
at
D.
for
all
the
time
aforesaid
,
without
shewing
in
speciall
what
Meat
,
and
what
apparrell
,
and
the
Plaintif
takes
Issue
,
that
he
did
not
finde
to
him
sufficient
Apparrell
:
And
took
not
Issue
upon
all
for
doublenesse
,
12
H.
7.
f.
14.
If
condition
be
,
that
if
the
Defendant
shall
not
prove
that
J.S.
was
not
presented
and
instituted
to
the
Church
of
D.
that
then
,
&c.
The
Defendant
may
say
that
J.S.
was
not
instituted
,
and
it
seems
good
,
for
the
condition
is
negative
,
and
therefore
it
sufficeth
to
say
as
above
in
the
negative
.
The
same
Law
is
if
the
condition
were
,
that
if
the
Defendant
prove
that
he
oweth
nothing
to
the
Plaintif
,
it
sufficeth
to
say
he
owes
nothing
:
The
same
Law
is
,
if
the
condition
be
,
that
if
I
prove
my
Wife
not
guilty
of
such
a
Trespasse
,
it
sufficeth
to
say
that
she
is
not
guilty
,
15
Ed.
4.
fol.
25.
If
the
condition
were
,
that
if
he
prove
within
one
year
,
that
it
was
the
will
of
J.S.
to
say
that
J.S.
made
this
Will
,
which
he
brought
to
the
Plaintif
within
one
year
written
,
is
not
good
:
But
by
3.
Justices
,
proof
of
that
by
two
Witnesses
to
plead
that
,
is
good
,
though
it
be
not
by
Jury
,
10
Ed.
4.
fol.
11.
If
the
condition
be
,
that
if
he
do
not
enter
and
claime
the
House
,
the
Defendant
may
plead
that
he
did
not
enter
nor
claime
that
,
and
the
Plaintiff
shall
say
that
he
claimed
and
shew
the
manner
of
that
,
4
H.
7.
f.
13.
Condition
,
if
the
Defendant
make
an
estate
to
the
Plaintif
before
P.
as
it
shall
be
demised
by
the
Councell
of
the
Plaintif
:
The
Defendant
may
plead
that
,
the
Councell
gave
no
advise
,
or
no
advise
was
given
by
Councell
,
and
good
in
the
negative
,
and
the
Plaintif
then
in
the
affirmative
cannot
say
that
the
Councell
did
give
advise
,
but
he
ought
to
shew
certainly
who
was
of
his
Councell
,
and
say
certainly
what
advise
was
given
,
6
H.
7.3
.
&
11
H.
7.23
.
accordingly
.
Condition
to
pay
all
the
ar●erages
,
of
all
the
Lands
which
he
holds
of
the
Plaintiff
in
D.
it
is
no
Plea
that
he
hath
payd
all
generally
,
but
he
ought
to
shew
specially
to
what
sum
,
for
that
,
that
it
is
in
the
affirmative
,
20
H.
6.
fol.
33.
Condition
to
pay
a
Lesser
sum
at
the
Feast
of
P.
If
the
Defendant
plead
that
he
hath
paid
it
,
he
ought
to
plead
what
day
he
paid
it
,
46
Ed.
3.29
.
&
47
Ed.
f.
13.
Condition
,
that
if
the
Defendant
carry
all
the
Thorns
out
of
the
Land
let
to
him
by
the
Plaintif
,
the
Defendant
may
plead
generally
,
that
he
hath
carryed
all
,
for
that
,
that
it
lies
in
notice
of
the
Plaintif
,
and
the
Plaintif
saith
,
that
so
many
were
,
which
were
not
carried
.
But
if
the
condition
were
to
infeoff
the
Plaintif
of
all
the
Land
,
of
which
the
Father
of
the
Defendant
died
seised
,
or
to
give
to
him
all
the
Money
in
his
purse
,
there
he
ought
to
plead
how
much
that
was
,
for
that
,
that
it
is
in
the
affirmative
,
and
it
lieth
more
in
the
knowledge
of
the
Defendant
then
in
the
Plaintif
,
12
H.
8.
fol.
7.
Debt
by
the
Sherif
upon
an
obligation
,
the
Defendant
saith
it
was
indorced
upon
condition
,
and
saith
,
he
hath
,
performed
all
the
condition
,
and
it
is
a
good
Plea
:
And
the
Plaintiff
,
that
he
hath
not
accounted
,
and
that
is
no
Plea
,
but
that
,
such
a
thing
came
to
his
hands
for
which
he
hath
not
accounted
,
that
the
Issue
may
be
upon
certainty
,
2
R.
3.
f.
17.
If
the
condition
be
to
perform
all
the
Covenants
in
an
Indenture
,
the
Defendant
cannot
plead
that
he
hath
performed
all
generally
,
but
he
ought
to
plead
how
specially
he
hath
performed
every
Covenant
,
26
H.
8.6.11
Ed.
4.12
.
13.
H.
7.18
.
and
,
6
Ed.
4.
fol.
1.
But
at
this
day
it
is
used
in
the
same
case
,
in
debt
upon
an
Obligation
endorced
to
perform
the
Covenants
in
Indentures
,
that
the
Defendant
recits
the
Indenture
,
and
in
the
end
he
pleads
,
that
he
hath
generally
performed
all
the
Covenants
.
And
then
the
Plaintiff
ought
to
shew
breach
in
one
,
and
upon
that
Issue
is
taken
.
If
condition
be
,
to
stand
to
the
award
and
abitrement
of
certain
Persons
:
it
is
no
Plea
for
the
Defendant
to
say
,
that
he
had
no
notice
of
any
Award
,
but
if
it
were
(
so
that
it
be
delivered
to
the
parties
in
writing
)
the
Defendant
may
plead
that
no
Award
was
delivered
to
him
in
writing
,
1.
H.
7.
f.
5.
If
condition
be
,
that
if
the
Defendant
shall
stand
to
the
Arbitrement
of
J.S.
the
Defendant
may
plead
that
he
hath
not
made
any
Award
,
and
the
Plaintiff
shall
say
,
that
he
hath
made
one
,
and
shew
what
it
is
,
2
R.
3.
f.
13.
Pleading
by
Name
.
REversion
is
devised
,
by
the
name
of
all
Lands
and
Tenements
in
D.
and
good
,
34
H.
6.
f.
6.
Lease
is
made
of
his
Lands
in
Bodehill
,
and
by
ancient
evidences
,
parcel
of
that
is
in
D.
he
may
plead
his
lease
and
give
in
evidence
,
that
all
was
let
by
the
name
of
Bodehill
,
20
Ed.
4.
f.
9.
Where
Margery
and
her
Husband
levied
a
Fine
by
the
name
of
Margaret
,
and
the
Tenant
may
plead
that
Margaret
by
the
name
of
Margery
acknowledged
the
Land
by
Fine
.
And
also
it
is
that
Agnes
by
the
name
of
Ann
levied
a
fine
,
Fitzh
.
f.
97.
A
One
cannot
give
Land
by
the
name
of
the
Oshee
of
the
Forrest
,
10
H.
7.
f.
17.
That
J.S.
by
the
name
of
J.D.
in
grant
is
good
,
and
by
the
name
Hastings
,
Hasting
,
9
Ed.
4.
fol.
43.
Obligation
was
J.
Boson
and
an
Acquirtance
J.
of
Bozon
with
a
(
z
)
and
this
was
pleaded
to
be
made
by
name
,
14
H.
4.
fol.
30.
Presidents
.
For
that
,
that
Presidents
are
to
be
followed
,
something
shall
be
said
touching
them
.
SAunders
cheife
Baron
saith
,
the
best
Interpreter
of
the
Law
is
Custome
,
and
for
that
,
that
the
Presidents
,
and
the
Accounts
of
the
Exchequer
,
prove
that
from
time
to
time
,
custome
and
usage
hath
been
,
that
the
Kings
of
this
Realme
have
had
the
profits
of
such
Mines
of
base
mettal
containing
Gold
and
Silver
,
without
disjunction
,
that
the
value
of
the
Gold
and
Silver
shall
be
greater
or
less
▪
and
upon
the
Presidents
it
was
adjudged
,
for
the
King
against
the
Earle
of
Northumberland
,
in
the
information
of
Mines
of
Copper
,
mixt
with
Gold
or
Silver
,
Plowden
fol.
336.
It
is
said
in
Assise
,
for
that
,
that
it
is
(
hath
shewed
to
us
)
where
it
should
be
(
hath
complained
to
us
)
because
of
the
forme
and
president
,
it
shall
abate
,
and
so
it
is
where
it
is
(
he
hath
disseised
him
of
foure
Acres
)
where
it
should
be
by
the
Presidents
(
of
his
Free-hold
)
it
shall
abate
,
11
H.
6.
f.
25.
Venire
sacias
,
The
Sheriff
returns
(
that
he
hath
made
to
come
)
12.
and
yet
to
return
12.
is
not
good
for
the
Presidents
are
twenty
foure
,
and
so
ought
he
to
return
twenty
foure
,
2
H.
7.
f.
8.
27
H.
8.
fol.
16.
One
challenged
the
Array
,
and
doth
not
verefie
his
challenge
,
and
he
need
not
,
for
Presidents
are
so
,
and
the
Justices
would
not
change
the
Presidents
.
7
H.
6.
fol.
30.
In
the
Kings
Bench
you
shall
not
have
a
Habeas
Corpora
juratorum
,
but
a
Ven●re
facis
and
distringas
.
39
H.
6.
fol.
32.
M●sne
,
and
counts
that
he
held
of
the
Mesne
,
and
that
he
ought
to
acquit
him
,
and
doth
not
count
that
the
Defendant
held
over
,
yet
for
that
,
that
there
were
Presidents
of
that
shewed
:
It
was
held
good
.
6
H.
7.
fol.
15.
Assise
1.
The
Tenant
plea●s
no
wrong
by
Bailiff
,
and
yet
continuance
was
not
between
Plaintiff
and
Bailiff
but
between
Plaintif
and
Tenant
,
and
so
were
presidents
,
and
for
that
said
to
be
good
.
11
H.
7.
f.
11.
Where
the
Tenant
pleads
by
Bailiff
in
Ass
.
he
may
after
plead
in
proper
person
,
matters
in
writing
,
or
of
Certificate
,
for
Presidents
are
so
.
16
H.
7.
f.
8.
Cui
in
vita
,
The
Writ
was
which
he
claimes
to
hold
to
him
and
the
Heires
of
his
Body
,
without
shewing
of
whose
gift
.
And
the
opinion
of
the
Court
that
it
is
good
,
but
when
the
Register
was
shewed
to
be
contrary
,
the
Court
changed
their
opinion
.
33
H.
6.
fol.
22.
Precipe
,
at
the
great
Cape
returned
,
the
Tenant
saith
that
he
was
not
summoned
,
ready
by
the
Country
,
but
say
that
he
shall
be
tried
by
wager
of
Law
,
for
so
are
ancient
Presidents
,
which
shall
not
be
changed
without
speciall
matter
,
as
against
Maior
and
Commonalty
,
which
cannot
wage
their
Law
.
Forcible
Entry
of
8
H.
6.
and
counts
of
Entry
with
force
,
and
keeping
with
force
,
where
the
Statute
is
in
the
disjunctive
,
but
for
that
,
that
there
are
Presidents
in
this
Manner
,
it
was
allowed
,
3
Ed.
4.
f.
21.
Debt
against
Executor
,
for
that
,
that
the
Writ
was
Debet
,
&
detinet
,
where
the
President
is
Detinet
only
,
it
shall
abate
the
same
Law
,
where
it
is
Precipe
quod
solvat
,
where
it
should
be
Reddat
,
it
shall
abate
,
22
Ed.
4.
f.
21.
Debt
upon
the
Statute
of
Farms
,
against
a
Preist
,
the
Writ
shall
not
be
quod
reddat
to
the
Plaintiffe
,
the
sum
so
much
,
but
it
shall
be
quod
reddat
as
well
to
us
,
as
to
the
Plaintiffe
,
otherwise
the
Writ
shall
abate
,
for
it
is
not
according
to
the
Presidents
,
27
H.
8.
f.
23.
Two
Infants
alien
in
Fee
,
and
one
dies
,
the
other
shall
have
dum
fuit
infra
Atatem
,
of
the
who●e
,
supposing
that
he
himself
aliened
the
whole
,
for
that
there
is
no
other
Ferm
of
the
Writ
,
21
Ed.
3.
f.
50.
If
Tenements
be
let
to
one
man
for
Term
of
half
a
year
,
or
for
a
quarter
of
a
year
:
In
such
Case
,
if
the
Leffee
make
Waste
,
the
Lessor
shall
have
a
Writ
of
Waste
,
and
the
Writ
shall
be
(
which
he
holds
for
Term
of
years
)
for
that
there
is
no
other
Form
of
the
Writ
,
but
he
shall
have
a
speciall
Count
,
Litileton
f.
14.
So
the
Writ
of
Waste
is
,
that
he
made
Waste
,
and
yet
may
count
of
many
Wastes
,
for
that
,
that
there
is
no
other
Form
and
President
of
a
Writ
,
4.
H.
6.
f.
11.
Trespasse
,
why
with
force
and
arms
,
his
goods
and
chattells
to
the
value
,
&c.
where
it
is
of
dead
things
,
and
if
he
counts
of
Horses
,
or
Kine
,
where
the
Writ
is
,
(
goods
and
chattells
)
it
shall
abate
,
for
that
,
that
the
Form
is
otherwise
,
and
if
the
Writ
be
of
things
living
,
he
shall
make
metion
of
that
in
his
Writ
,
that
is
to
say
,
by
force
,
and
arm●
,
four
Tenches
,
or
four
Pikes
,
he
took
,
or
shall
say
,
he
took
his
beasts
,
and
where
it
is
a
Horse
,
it
shall
be
,
(
he
took
his
Horse
)
or
he
took
his
Cow
,
2●
.
H.
6.
f.
39.
Trespasse
,
if
the
Writ
be
,
that
he
took
his
goods
,
and
Chattells
,
and
counts
of
ten
pounds
in
money
,
the
Writ
shall
aba●e
;
for
of
money
the
Writ
is
,
that
he
took
so
many
penc●
,
and
that
is
the
Form
39
Ed.
3.
f.
23.
Trespasse
,
by
the
Husband
and
Wife
,
The
Writ
was
,
he
broke
the
Close
of
the
Wife
,
and
the
graffe
thereof
the
said
Wifes
,
did
●atdown
,
and
the
Declaration
was
,
whilest
she
was
unmarried
,
and
the
Writ
was
awarded
good
,
for
the
Register
is
accordingly
,
21
H.
6.
f.
30.
Trespasse
by
the
Husband
and
Wife
,
why
by
force
and
armes
he
took
his
Goods
and
Chattels
,
and
counts
that
the
Trespasse
was
when
she
was
unmarried
,
the
Writ
shall
abate
,
because
he
may
have
a
Writ
of
Forme
,
that
is
,
the
Goods
and
Chattels
of
the
said
Wife
,
and
not
his
Goods
and
Chattels
,
7.
H.
7.
f.
2.
Where
Battery
is
made
to
a
Woman
unmarried
,
which
takes
a
Husband
,
they
shall
have
an
Action
,
that
he
struck
D.
his
Wife
whilest
she
was
unmarried
,
22
Book
of
Ass
.
87.
But
where
an
unmarried
Woman
bea●s
another
,
and
after
she
takes
a
Husband
,
the
Writ
shall
be
that
they
both
made
the
Battery
,
and
this
is
the
Form
.
A
Woman
diffeises
one
,
and
after
takes
a
Husband
,
the
Writ
against
them
shall
be
,
that
they
disseised
the
Plaintiff
,
and
not
that
the
Wife
whilest
she
was
unmarried
disseised
him
;
but
if
the
Woman
unmarried
be
disseised
,
and
after
takes
a
Husband
,
and
they
bring
an
Assise
,
in
shall
be
,
disseised
her
,
whilest
she
was
unmarried
,
4
Ed.
4.
Br.
Tit.
Falfe
Latine
1.
What
is
the
same
.
Where
in
a
Trespass
or
Action
of
that
nature
,
one
justifie●●●
Wrong
,
where
he
ought
to
conclude
,
that
it
is
the
same
,
and
where
not
.
ACtion
upon
the
Case
for
threatning
his
Tenants
at
will
,
by
which
they
left
the
it
holdings
;
the
Defendant
saith
,
that
the
Plaintiff
disseised
him
,
and
that
he
shid
to
him
,
of
he
would
not
depart
,
he
would
sue
him
a●
the
Law
would
,
which
is
the
same
threatning
,
and
it
is
good
,
9.
H.
7.
f.
7.
&
16
Ed.
4.
f.
7.
28
H.
6.
fol.
4.
Defendant
in
Trespasse
justifies
,
for
that
,
that
he
and
his
Ancestors
Tenant
of
such
a
House
and
Land
,
have
had
a
way
in
the
place
where
,
&c.
to
the
Market
and
Church
of
D.
time
out
of
minde
,
by
which
they
used
the
way
,
which
is
the
said
Prospasse
,
&c.
21
H.
6.
fol
5.
False
Imprisonment
,
Defendant
justifies
;
for
that
the
Plaintiff
was
arrested
by
a
Justice
of
Peace
his
Warrant
,
and
carried
to
him
being
Goaler
,
which
is
the
same
Imprisonment
.
False
Imprisonment
against
an
Abbot
,
which
justifies
that
he
gave
counsel
to
J.
S.
being
in
fear
of
his
life
,
to
go
to
a
justice
of
Peace
for
a
Warrant
of
the
Peace
against
the
Plaintiff
,
and
that
by
vertue
of
a
Warrant
of
the
Peace
so
had
,
the
Plaintiff
was
arrested
,
which
is
the
same
Imprisonment
,
and
this
he
cannot
say
,
for
this
is
not
Imp●●sonment
by
the
Defendant
,
and
for
that
the
general
Issue
was
entered
:
12
H.
7.
f.
14.
False
Imprisonment
by
a
Woman
,
the
Defendant
saith
,
that
she
is
car●ied
to
Southwark
by
her
consent
,
which
is
the
same
Imprisonment
,
upon
which
the
Plaintiff
counts
,
and
it
is
no
Plea
;
for
Imprisonment
is
against
the
will
of
one
,
and
that
is
not
so
;
14
H.
6.
f.
2.
Trespasse
of
Assault
,
Battery
,
and
wounding
,
the
Defendant
saith
,
that
he
laid
his
hands
upon
the
Plaintiff
peaceably
,
and
arrest
the
Plaintiff
the
same
day
and
place
by
a
Warrant
,
which
is
the
same
Assault
,
Battery
,
and
wounding
,
and
held
it
is
no
Plea
for
the
reason
aforesaid
;
21
H.
7.
f.
49.
Trespasse
of
a
Close
broken
such
a
day
,
the
Defendant
justifies
that
the
Plaintiff
licensed
him
the
same
day
to
enter
,
and
need
not
say
,
that
it
is
the
same
Trespasse
,
for
that
it
is
the
same
day
;
but
if
he
justifie
at
another
day
,
●●at
another
place
,
then
he
must
say
,
that
it
is
the
same
Trespasse
;
21
H.
7.
f.
39.
The
same
Law
is
of
Goods
carried
out
,
if
the
Defendant
justifie
at
the
same
day
and
place
;
and
so
in
●●●p●sse
of
Battery
,
if
the
Defendant
●●stifie
,
for
th●●
the
〈◊〉
day
and
place
the
Plaintiff
made
Assault
on
him
,
〈…〉
he
had
;
was
of
his
own
Assault
;
he
need
not
in
these
Cases
to
say
,
it
was
the
sam●
Trespasse
.
But
in
Trespasse
of
Goods
taken
the
first
year
,
&c.
the
Defendant
pleads
all
the
Record
,
and
saith
,
that
one
J.
S.
recovered
,
and
that
year
the
ninth
,
by
vertue
of
a
Precept
to
make
Execution
he
took
them
,
which
is
the
faine
taking
,
upon
which
the
Plaintiff
,
&c.
and
this
is
not
good
,
for
it
cannot
be
the
same
;
12
H.
6.
f.
3.
by
Co●esmore
.
False
Imprisonment
,
the
Defendant
iustifies
as
Sherif
,
that
he
arrested
the
Plaintif
by
a
Capias
,
and
it
is
good
,
if
he
shy
that
is
the
same
Trespasse
,
and
otherwise
it
is
not
good●
;
22
Ed.
4.
Br.
False
Imprisonment
,
29.
False
Imprisonment
,
the
Defendant
saith
,
that
he
took
the
Plaintif
from
Jack
Cade
and
other
Rebells
,
and
delivered
him
to
the
Mayor
for
his
safeguard
,
which
is
the
same
Imprisonment
,
and
that
is
good
,
for
that
was
the
Imprisonment
,
but
iustifiable
;
35
H.
6.
f.
53.
Conspiracy
,
the
Defendant
iustifies
,
for
that
,
that
he
is
Steward
,
and
that
in
a
Leet
was
presented
,
that
the
Plaintif
is
a
Felon
,
and
that
he
shewed
his
Rolls
to
the
Justices
at
the
Session
,
which
commanded
him
to
shew
that
to
the
Jurors
,
which
inquired
for
the
King
,
which
he
did
,
and
saith
,
that
that
is
the
same
;
for
by
Englefield
,
when
the
Defendant
pleads
a
Conspiracy
,
which
is
iustifiable
,
he
ought
to
shew
that
it
is
the
same
Conspiracy
;
27
H.
8.
fol.
2.
Annuity
is
brought
of
six
and
twenty
shillings
and
eight
pence
,
the
Defendant
saith
,
that
he
held
of
the
Plaintif
by
six
and
twenty
and
eight
pence
of
Rent
,
which
is
the
same
Rent
,
and
is
not
good
,
for
it
cannot
be
the
same
;
33
H.
6.
f.
38.
Debt
upon
Obligation
,
the
Defendant
saith
,
it
was
made
by
threats
,
the
Plaintif
saith
,
that
he
let
the
Land
to
the
Defendant
,
rendering
Rent
,
and
saith
,
if
he
would
not
seal
the
Obligation
to
him
for
the
Rent
behinde
,
he
would
sue
him
at
the
Common
Law
,
which
is
the
same
threatning
,
and
it
is
no
good
Plea
,
for
this
is
lawfull
,
and
not
a
threatning
;
16
Ed.
4.
f.
7.
Br.
Tit.
Duresse
23.
Maintenance
,
the
Defendant
saith
,
that
he
carried
the
Money
of
him
,
which
the
Plaintif
supposed
he
maintained
,
to
his
Counsel
,
which
is
the
same
Maintenance
,
and
this
is
no
plea
,
for
this
is
no
Maintenance
,
34
H.
〈◊〉
.
fol.
19.
Replication
.
Where
a
faulty
Barr
is
made
good
by
Replication
,
and
where
not
.
TRespasse
,
the
Defendant
pleads
an
Agreement
to
pay
Money
,
and
to
make
Windows
,
and
said
,
that
he
paid
the
Moneys
,
and
nothing
of
the
Windows
,
and
the
Plaintiff
replied
and
said
,
no
such
Agreement
,
and
yet
the
Plaintiff
in
Barr
pleaded
an
Agreement
,
and
that
not
executed
,
is
not
made
good
by
the
Replication
,
for
the
Barr
is
not
good
,
to
no
intent
,
and
the
Replication
cannot
make
that
good
,
6
H.
7.
f.
10.
But
count
where
a
Barr
may
be
made
good
by
a
Plea
of
the
other
party
,
where
the
Count
or
the
Barr
is
uncertain
,
as
where
the
Plaintiff
counts
of
an
Obligation
in
Debt
,
and
doth
not
count
where
it
was
made
;
and
the
Defendant
pleads
Release
,
and
acknowledge
it
,
and
the
Conisee
,
where
the
place
should
be
in
is
now
outed
,
and
need
not
to
have
that
;
the
same
Law
in
Trespasse
,
where
a
man
pleads
Arbitrement
,
and
doth
not
shew
the
place
where
the
Submission
was
that
is
not
good
:
but
if
the
Plaintiff
reply
,
and
saith
,
that
he
discharged
the
Arbitrators
before
the
Award
,
now
it
is
good
,
for
that
which
was
ill
is
now
confessed
,
10
H.
7.
f.
24.
&
20
H.
7.
f.
12.
By
Hussey
,
if
one
plead
Joint-tenancy
,
day
of
the
Writ
purchased
,
it
is
not
good
,
for
that
he
might
be
sole
Tenant
after
,
if
the
Demandant
saith
,
sole
Tenant
,
and
doth
not
demurr
,
it
is
made
good
by
Replication
,
5
H.
7.
f.
14.
The
same
Law
if
in
Debt
against
Executors
,
they
plead
nothing
in
their
hands
,
day
of
the
Writ
purchased
,
and
do
not
say
,
nor
ever
after
,
the
plea
is
not
good
:
but
if
the
Plaintiff
reply
,
and
say
,
that
they
have
Assets
,
and
that
is
found
,
he
shall
have
Judgement
,
3
H.
7.
fol.
8.
accordingly
.
False
Imprisonment
the
tenth
day
of
May
,
the
Defendant
saith
,
that
the
Plaintiff
made
an
affault
in
the
Court
before
the
Steward
,
and
for
his
disturbance
of
the
Peace
in
the
Court
,
he
was
committed
to
ward
,
the
Plaintiff
saith
of
his
own
wrong
,
without
such
cause
,
and
now
though
the
Defendant
hath
not
shewed
what
day
the
Court
was
,
yet
by
the
replication
it
is
made
good
,
for
now
the
day
is
not
materiall
,
21
H.
7.
f.
32.
If
double
Plea
be
pleaded
,
and
the
Plaintiff
replies
,
and
rakes
Issue
of
one
matter
,
and
that
is
found
,
he
cannot
after
plead
in
arrest
of
Judgment
,
for
by
the
Replication
it
is
made
good
,
18
Ed.
4.
fol.
17.
Debt
upon
in
Obligation
,
the
Defendant
pleads
a
defeasance
,
which
is
,
that
if
the
Defendant
deliver
to
the
Plaintif
in
London
certaine
Clothes
of
Kersey
of
as
good
Stuff
,
and
of
as
good
making
,
as
before
these
times
have
been
made
in
the
Town
of
D.
in
the
County
of
Darby
,
that
then
the
Obligation
should
be
void
,
and
saith
that
he
hath
delivered
to
the
Plaintif
in
London
the
Clothes
of
as
good
,
&c.
According
to
the
condition
,
and
this
Plea
is
not
good
,
for
that
,
that
it
cannot
be
tried
,
for
those
of
London
cannot
try
if
they
were
as
good
,
&c.
But
the
Plaintif
replied
,
and
said
,
that
the
Plaintif
did
not
deliver
to
us
any
manner
of
Cloth
in
London
ready
,
&c.
and
now
by
the
Replication
it
is
good
,
22
Ed.
4.
fol.
2.
Debt
,
the
Plaintif
counts
upon
a
Lease
for
terme
of
yeares
,
and
doth
not
shew
where
it
was
made
,
and
the
Defendant
traverses
the
Lease
,
and
the
Plaintif
replies
,
and
joynes
Issue
,
and
after
acknowledges
the
action
,
and
after
pleads
in
arrest
of
Judgment
,
for
that
the
Plaintiff
hath
not
declared
in
what
place
the
Lease
was
made
,
and
yet
he
had
Judgment
;
for
when
the
Defendant
hath
in
Barr
gainsaid
the
Lease
,
he
hath
admitted
the
count
good
,
18
Ed.
4.
fol.
17.
And
in
Debt
,
if
I
Plead
the
Release
of
the
Plaintif
,
and
do
not
shew
where
it
was
made
,
and
the
Plaintif
replies
,
and
pleads
not
his
Deed
,
the
Plea
of
the
Defendant
,
is
made
good
by
his
Replication
,
Br.
title
Repleader
38.
Annuity
for
Counsell
given
,
and
to
be
given
,
and
counts
that
he
hath
given
to
him
Councell
,
in
doing
his
businesses
,
and
though
he
do
not
shew
in
what
businesses
it
is
good
,
for
if
the
Defendant
saith
,
that
he
doth
not
give
to
him
Councell
against
the
Plaintif
in
his
replication
,
he
may
shew
in
what
things
he
gave
Councell
,
and
so
the
replication
hath
made
all
good
,
and
the
Count
was
good
generally
,
39
H.
6.
fol.
33.
By
Vanisor
,
Replication
may
make
an
ill
Barr
good
;
as
I
plead
in
Barr
grant
of
Reversion
,
and
omit
attornement
,
if
the
Plaintif
reply
,
and
confess
and
avoid
the
grant
by
speciall
matter
,
then
is
the
Barr
good
,
11
H.
7.24
.
By
Read
,
in
Debt
against
one
as
Executor
,
which
pleads
nothing
in
their
hands
day
of
the
Writ
purchased
,
which
is
no
Plea
,
for
that
,
that
he
may
have
assets
afterwards
:
But
if
the
Plaintif
reply
that
he
hath
assets
and
that
found
by
Verdict
,
is
good
,
6
H.
7.
fol.
6.
The
same
Law
,
if
the
Tenant
in
Precipe
plead
non-Tenure
,
day
of
the
Writ
,
and
the
Plaintif
replies
,
that
he
was
Tenant
.
And
now
though
by
the
statute
of
,
32
H.
8.
chap.
30.
It
was
enacted
,
that
if
any
Issue
be
tryed
by
the
Oath
of
12.
in
any
of
the
Kings
Courts
of
Record
,
that
Judgment
shal
he
given
,
any
mispleading
not
having
colour
,
insufficient
pleading
,
or
Jeofaile
,
not
worrant
of
Attorney
put
in
any
mis-construction
,
or
discontinuance
,
misjoyning
of
Issue
,
or
other
default
,
or
negligence
of
parties
,
their
Councellours
or
Attorneys
had
or
made
to
the
contrary
notwithstanding
,
and
that
the
Judgement
shall
be
in
force
,
and
shall
not
be
reversed
by
Writ
of
Errour
.
And
yet
at
this
day
,
one
may
plead
in
arrest
of
a
Jury
,
and
say
that
you
ought
not
to
take
this
Inquest
,
notwithstanding
this
Statute
.
Conspiracy
against
two
,
one
in
the
year
,
42
Edw.
3.
hath
pleaded
to
the
Jury
,
and
the
other
,
43
Edw.
3.
pleads
in
Abatement
,
and
now
in
,
48
Ed.
3.
the
first
takes
Nisiprius
,
and
cannot
have
it
before
the
Court
be
advised
,
if
the
Writ
be
good
,
for
though
that
the
other
hath
accepted
the
Writ
good
,
yet
if
the
Writ
doth
not
lye
in
the
case
,
the
Writ
shall
abate
against
one
and
the
other
,
by
,
43
Ed.
3.
f.
10.
The
same
Law
notwithstanding
the
Statute
of
32
H.
8.
aforesaid
.
Debt
against
two
Fxecutors
,
one
comes
at
the
Pluries
and
pleads
fully
administred
,
and
after
comes
the
other
by
Exigent
,
and
pleads
to
the
Writ
that
3.
others
are
Executors
,
which
have
administred
not
named
,
Judgment
of
the
Writ
,
and
for
that
,
that
the
Plaintif
hath
replyed
,
that
the
two
alone
are
Executors
,
the
Defendant
for
that
may
plead
this
matter
,
in
arrest
of
taking
of
the
first
inquest
upon
the
first
Issue
,
for
by
the
replication
to
the
second
Plea
,
he
hath
waived
the
advantage
of
the
first
plea
,
where
it
was
sufficient
for
all
,
by
reason
of
the
Statute
,
which
wil
,
that
he
that
first
shall
come
by
distresse
,
shall
answer
,
7
H.
4.
f.
12.
Brook
Executors
46.
and
this
is
good
at
this
day
,
notwithstanding
the
Statute
aforesaid
of
Jeofailes
.
Severall
Tenancy
.
SCire
facias
,
of
a
Fine
of
Rent
Service
against
many
Tenants
,
one
saith
that
The
came
to
a
House
,
parcell
of
the
Tenements
,
whereout
the
Rent
in
Demand
is
supposed
to
be
Issuing
,
by
it self
,
without
that
,
that
the
other
have
any
thing
,
Judgment
of
the
Writ
,
and
that
another
holds
four
Acres
parcell
of
the
Land
,
whereout
the
Rent
in
demand
is
supposed
to
be
issuing
by
it self
,
and
it
is
good
,
5
H.
5.
f.
4.
otherwise
it
is
of
a
Rent-charge
.
Scire
facias
against
J.
S.
J.
D.
and
three
others
,
J.
S.
saith
,
that
he
and
one
of
the
three
held
parcell
joyntly
,
and
that
the
Ancestor
was
dead
,
day
of
the
writ
purchased
,
Judgement
of
the
Writ
,
and
J.
D.
saith
,
he
held
another
parcell
in
Fealty
;
Judgement
of
the
Writ
,
and
the
Writ
brought
against
them
in
common
was
abated
,
38
Ed.
3.
f.
20.
And
note
also
,
severall
Tenancy
of
parcell
,
shall
abate
all
the
Writ
,
19
Ed.
3.
tit.
18.
27
H.
8.
f.
the
last
,
&
20
Ed.
4.
f.
8.
Precipe
against
two
of
sixteen
Acres
of
Land
,
one
takes
the
Tenancy
of
twelve
Acres
,
without
that
,
that
the
other
hath
,
&c.
and
vouches
,
and
the
other
takes
the
Tenancy
of
the
residue
,
without
that
,
that
the
Plaintiff
ought
to
maintain
his
Writ
,
41
Ed.
3.
f.
20
the
other
severall
Tenancy
shall
abate
the
Writ
,
28
Book
of
Ass
.
25.
That
he
which
pleads
several
Tenancy
may
vouch
or
plead
over
in
Barr
,
and
not
conclude
to
the
Writ
.
See
,
Br.
title
Breife
141
and
13
H
6.
f.
26.
Assise
,
severall
Tenancy
is
no
plea
,
and
the
same
Law
in
other
actions
where
no
land
is
demanded
in
cercaine
,
24
H.
8.
tit
.
18.
But
see
,
21
H.
6.
f.
57.
and
30
B.
of
Ass.
24.
Dower
,
severall
Tenancy
shall
abate
the
Writ
,
●9
Ed.
3.
Brook
30.
otherwise
it
is
in
Assise
,
15
Ed.
2.
tit
.
1.
&
14
Ed.
3.
tit
,
Breif.
276.
It
seems
that
non-Tenure
,
and
severall
Tenancy
in
Nuper
obiit
,
against
,
3
,
is
no
Plea
,
7
H.
6.8
.
See
,
13
Ed.
1.
tit
.
3.
Fitzh
:
fol.
197.
D.
F.
Quid
Juris
clamat
,
against
three
,
which
plead
severall
Tenancy
,
and
it
was
said
that
it
behooveth
that
the
Plaintif
should
maintain
his
writ
,
so
he
he
did
,
12
Ed.
3.
tit.
9.
Mortdancester
,
against
3.
which
say
that
they
are
Tenants
in
severalty
,
Judgment
of
the
Writ
.
And
for
that
,
that
the
Assise
found
that
one
of
them
was
Tenant
in
severalty
the
Writ
abated
,
8
Ed.
2.
tit.
2.
In
,
Per
quae
servitia
,
Severall
Tenancy
is
no
plea
,
12
Ed.
3.
tit
.
15.
&
32
Ed.
3.
tit.
7.
Scire
facias
against
two
,
one
makes
default
,
and
the
other
pleads
severall
Tenancy
in
abatement
,
and
cannot
,
for
that
Seisin
is
to
be
awarded
of
half
,
42
Ed.
3.
fol.
8.
See
●
.
Book
of
Assises
the
16.
Precipe
against
two
,
one
takes
the
Tenancy
upon
him
,
without
that
,
that
the
other
hath
anything
,
and
the
other
saith
nothing
,
the
Plaintiff
need
not
to
maintain
his
Writ
,
37
H.
6.
f.
16.
&
18.
Entry
in
the
quibus
against
two
,
one
pleads
severall
Tenancy
,
and
also
over
in
Barr
,
and
the
other
pleads
in
the
same
manner
,
and
the
Plaintiff
need
not
to
answer
to
the
Barr
,
be
it
good
or
not
,
but
he
ought
to
maintain
his
Writ
,
for
one
ought
not
to
recover
upon
an
ill
Writ
,
12
H.
6.
f.
4.
He
which
pleads
severall
Tenancy
,
without
that
,
that
the
other
named
with
him
hath
any
thing
,
he
need
not
conclude
to
the
Writ
,
but
vouch
or
plead
in
Barr
,
but
the
Demandant
shall
not
answer
to
the
Barr
,
nor
to
the
Voucher
,
but
ought
to
maintain
his
Writ
,
that
they
are
Tenants
,
as
the
Writ
supposes
,
19
H.
6.
f.
14.
Traverse
.
Where
he
ought
not
to
traverse
,
and
where
he
ought
,
then
what
thing
in
the
Plea
shall
be
traversed
.
BY
Hussey
,
in
Precipe
,
if
the
Tenant
plead
that
the
Land
is
ancient
Demesne
,
and
pleadable
by
a
small
Writ
of
Right
close
,
and
he
need
not
take
Traverse
that
it
is
not
frank
fee
,
for
that
,
that
the
Writ
is
but
a
Supposall
,
5
H.
7.
fol.
13.
And
in
Mortdancester
,
Tenant
pleads
Joynt-tenancy
with
the
Father
of
the
Demandant
,
and
it
is
good
without
Traverse
,
that
he
is
sole
Tenant
,
for
that
,
that
this
is
but
a
Supposall
;
and
by
Tremail
,
fol.
14.
of
his
Horse
taken
,
the
Defendant
saith
,
that
J.
S.
sold
the
Horse
to
him
in
an
open
Market
,
or
that
the
Horse
was
waived
,
or
Wreck
,
or
such
like
,
there
he
need
not
traverse
,
for
that
,
that
this
is
matter
in
Law
;
and
if
he
takes
Traverse
he
waives
that
matter
in
Law
,
5
H
7.
f.
6.
accordingly
,
2
Ed.
4.
f.
9.
&
Plowd
.
23.
A.
By
Hussey
&
Fairfax
,
where
a
matter
indeed
is
alleadged
,
by
way
of
Bar
,
or
in
Covenant
,
then
this
ought
to
be
traversed
in
every
Case
,
unless
it
be
for
the
mischeif
of
Trial
,
as
special
Bastardy
is
alleadged
without
Traverse
,
it
is
goood
for
mischief
of
Triall
,
6
H.
7.
f.
5.
otherwise
it
is
of
matter
of
Supposall
,
and
in
Assise
the
Tenant
pleads
a
Feoffment
of
J.
S.
the
Plaintiff
saith
,
that
this
was
upon
Condition
,
and
that
J.
S.
entered
for
the
Condition
broken
,
and
infeoffed
him
,
and
so
he
confesseth
and
avoids
,
and
for
that
he
ought
not
to
traverse
;
and
in
Precipe
quod
reddat
,
against
J.
S.
he
shall
say
,
that
he
held
ioyntly
with
J.
D.
not
named
in
the
Writ
,
and
take
no
Traverse
,
for
that
,
that
it
is
but
a
Supposall
;
and
in
Trespasse
of
Goods
taken
,
the
Defendant
saith
,
they
were
the
Goods
of
J.
S.
which
made
him
and
the
Plaintif
his
Executors
;
the
Plaintif
saith
,
that
the
Testator
devised
,
that
after
his
Debts
and
Legacies
paid
,
that
he
should
have
all
the
remainder
,
and
saith
,
that
such
and
such
are
paid
,
which
are
all
;
the
Defendant
saith
,
that
such
a
Legacy
was
not
paid
,
without
that
that
the
Plaintif
alleadgeth
were
all
,
and
he
ought
to
traverse
,
for
that
,
that
it
is
a
matter
in
deed
.
Trespasse
of
Trees
cut
,
the
Defendant
pleads
,
that
J.
S.
was
seised
of
an
Acre
whereof
the
Trespasse
is
parcell
in
Fee
,
and
let
to
him
at
will
,
and
that
he
by
his
commandement
cut
the
said
Trees
,
and
demands
Judgement
if
Action
,
and
this
is
no
Plea
without
Traverse
,
that
is
,
without
that
,
that
it
is
the
Soil
of
the
Plaintif
,
5
H.
5.
fol.
8.
Trespasse
,
the
Defendant
conveys
that
his
Father
was
seised
in
Fee
,
and
that
descended
to
him
;
the
Plaintif
pleads
that
J.
D.
infeoffed
him
,
and
ought
to
traverse
,
without
that
,
that
the
Father
of
the
Defendant
was
seised
in
Fee
,
27
H.
8.
f.
9.
Trespasse
,
the
Defendant
pleads
,
that
the
place
where
,
&c.
was
his
Free-hold
;
the
Plaintif
saith
,
that
J.
S.
was
seised
in
Fee
,
and
let
to
him
at
will
,
and
that
the
Defendant
outed
him
,
and
disseised
J.
S.
and
that
the
Plaintif
at
the
command
of
J.
S.
re-entered
,
and
the
Trespasse
mean
between
the
re-entry
and
the
disseisin
,
and
the
Defendant
maintains
his
Barr
,
and
he
ought
to
traverse
the
Lease
,
for
that
is
most
material
,
11
Ed.
4.
f.
3.
Trespasse
,
the
most
material
matter
shall
be
traversed
;
and
for
that
if
a
Gift
in
Tail
,
and
dying
seised
be
pleaded
in
Barr
in
Trespasse
,
the
Gift
is
traversable
,
and
not
the
dying
seised
;
so
in
Trespasse
,
if
the
Defendant
saith
,
that
a
stranger
was
seised
,
and
infeoffed
the
Father
of
the
Defendant
,
and
that
his
father
died
seised
,
and
that
the
Defendant
entered
as
Sonne
,
and
Heire
,
nothing
is
traversable
,
but
the
last
dying
seised
,
for
that
is
the
effect
of
his
Barr
,
by
Neale
,
15
Ed.
4.
f.
2.
Trespasse
,
The
Defendant
saith
,
that
I
was
seised
,
and
protesting
died
seised
,
and
conveyed
the
discent
to
the
Defendant
;
the
Plaintiffe
saith
,
that
M.
enfeoffed
him
,
by
force
of
which
he
was
seised
,
till
the
Defendant
made
a
Trespasse
,
and
the
Defendant
saith
,
as
above
,
without
that
,
that
the
Plaintiffe
was
seised
at
the
time
of
the
Trespasse
,
but
it
is
not
good
,
for
he
ought
to
traverse
,
and
to
say
without
that
,
that
M.
enfeoffed
him
,
for
that
is
the
effect
of
the
Replication
,
19
H.
8.
f.
7.
Trespasse
,
the
Defendant
pleads
his
Freehold
,
the
Plaintiffe
saith
,
that
the
Defendant
let
to
A.
for
years
,
which
granted
his
estate
to
B.
which
granted
to
him
,
the
Defendant
maintained
his
Barr
,
without
that
,
that
B.
granted
to
the
Plaintiffe
,
and
is
not
good
,
for
he
conveys
from
the
Defendant
himself
,
and
that
is
traversable
,
and
saith
,
without
that
,
that
the
Defendant
let
to
A.
But
where
an
estate
is
conveyed
all
by
strangers
,
he
may
traverse
one
conveyance
or
other
,
10
H.
7.
f.
8.
Assise
,
the
Defendant
pleads
Barr
,
and
the
Plaintiffe
makes
Title
by
a
gift
in
Tail
to
his
father
,
and
dying
seised
of
his
father
,
the
gift
is
traversable
:
but
if
it
be
by
Feoffement
of
J.
S.
to
his
father
,
and
dying
seised
of
his
Father
,
the
dying
seised
is
traversable
,
9
H.
6.22
.
and
10
H.
4.1
.
accordingly
.
Mesne
,
and
counts
that
he
held
a
hundred
Acres
by
Fealty
,
of
the
Defendant
and
he
over
,
&c.
the
Defendant
saith
,
that
the
Plaintiffe
held
of
him
by
Homage
and
Fealty
,
and
ought
to
traverse
the
acquittal
,
&
not
the
Tenure
,
2
H.
5.
f.
2.
Trespasse
of
close
broken
,
the
Defendant
faith
,
that
J.
S.
and
J.
D.
were
seised
in
Fee
,
that
J.
S.
enfeoffed
the
Ancestor
of
the
Plaintiffe
,
and
J.
D.
enfeoffed
the
Defendant
,
and
so
they
hold
as
undivided
,
and
the
Plaintiffe
saith
,
that
his
Ancestor
died
sole
seised
of
all
,
and
this
descended
to
him
,
without
that
he
held
as
undivided
,
and
it
is
no
Plea
,
but
he
ought
to
traverse
the
Feoffement
made
by
J.D.
to
the
Defendant
,
for
the
Plea
is
as
good
without
(
So
)
and
for
that
in
this
Case
,
that
which
comes
after
the
(
So
)
is
not
materiall
,
but
whre
it
is
materiall
,
it
is
traversable
,
and
for
that
by
Choke
;
Debt
upon
an
Obligation
,
the
Defendant
saith
,
that
he
was
a
lay
man
,
and
not
learned
,
and
this
Writing
was
read
to
him
in
place
of
an
Acquittance
,
and
so
this
Obligation
is
not
his
Deed
,
now
this
which
cometh
after
the
(
So
)
is
materiall
,
32
H.
6.
f.
16.
Tit.
Issue
9.
Debt
upon
a
Lease
of
four
Acres
,
for
four
pounds
of
Rent
,
the
Defendant
demands
Judgement
of
the
Count
,
for
that
that
the
Plaintiffe
let
the
four
Acres
,
and
a
Rectorie
for
the
four
pounds
,
and
ought
to
traverse
without
that
,
that
he
let
the
four
Acres
onely
,
&c.
35
H.
6.
f.
38.
and
18
Ed.
4.
fol.
17.
One
avowes
for
that
,
that
the
Plaintiffe
held
an
Acre
of
him
by
twelve
pence
,
the
Plaintif
saith
,
that
he
held
the
same
Acre
,
and
another
by
six
pence
,
without
that
,
that
he
held
of
him
by
the
same
Services
onely
,
and
it
is
not
good
,
but
he
shall
say
,
without
that
,
that
he
held
the
said
Acres
in
Manner
and
Form
,
13
H.
7.25
.
One
avows
,
for
that
,
that
he
held
two
acres
by
twenty
shillings
of
him
,
the
Plaintif
saith
,
that
he
held
the
two
Acres
and
two
others
in
the
same
Town
,
by
the
Services
of
twelve
shillings
,
without
that
,
that
he
held
the
two
Acres
onely
by
the
Services
of
twenty
shillings
in
Manner
and
Form
,
as
,
&c.
this
seems
good
,
8
H.
7.
f.
5.
Where
one
justifies
at
another
day
then
the
Plaintiffe
alledges
,
and
ought
to
traverse
onely
,
before
the
day
of
his
iustification
,
and
where
,
before
and
after
,
where
onely
after
.
TRespasse
against
the
Sherif
,
of
a
Cow
taken
,
the
Desendant
justifies
,
at
the
day
after
by
a
Precept
he
attached
the
Cow
,
and
took
her
with
him
,
without
that
,
that
he
is
guilty
,
before
that
Precept
to
him
directed
,
and
this
seems
good
,
9
H.
7.
f.
6.
Trespasse
of
imprisonment
second
day
of
May
,
the
fourth
year
,
the
Defendant
iustifies
the
fourth
day
of
August
,
Anno
fourth
aforesaid
,
by
force
of
a
Warrant
of
the
Peace
,
&c.
which
is
the
same
Imprisonment
,
without
that
,
that
he
is
guilty
before
that
day
,
and
it
is
doubted
if
he
ought
to
traverse
before
and
after
,
and
there
it
seems
if
one
plead
his
Freehold
such
a
day
,
after
without
that
,
that
he
was
guilty
before
,
it
seems
good
.
5
Ed.
4.
fol
12.
Trespas
in
Wood
,
1.
day
of
August
,
the
Defendant
justifies
by
prescription
to
have
yeerly
,
twenty
cart
load
there
betwixt
Michaelmasse
and
Christmas
,
and
that
such
a
day
in
November
he
took
them
,
without
that
,
that
he
is
guilty
before
Michaelmasse
,
and
after
Christmasse
,
and
good
,
And
the
Plaintiffe
saith
,
that
he
knowledgeth
the
day
that
he
counted
,
and
traverseth
the
prescription
,
and
good
,
notwithstanding
he
doth
not
maintain
the
day
that
he
traverseth
;
for
it
is
in
the
election
of
the
Plaintiffe
to
maintain
the
traverse
of
the
time
,
or
to
traverse
the
speciall
matter
,
as
in
trespas
,
Anno
7.
The
Defendant
pleads
Release
,
Anno
6.
without
that
he
was
guilty
after
the
Release
,
the
Plaintiffe
may
say
it
is
not
his
Deed
,
without
maintaining
the
day
.
10
Ed:
4.
fol.
2.
and
21
Ed:
4.
fol:
79.
the
same
of
Release
pleaded
,
without
that
he
was
guilty
afterwards
.
Trespas
,
where
one
pleads
a
Release
,
or
Arbitrement
atano
ther
day
,
he
ought
to
traverse
all
the
time
after
the
Release
,
or
after
the
Arbitrement
;
for
all
time
before
is
extinct
.
But
if
he
plead
such
a
day
,
it
is
Free-hold
,
there
he
ought
to
traverse
all
time
before
.
And
in
Trespas
of
Corn
taken
the
6th
day
of
July
,
the
Defendant
justifies
as
Parson
the
10th
of
August
,
for
that
they
were
severed
from
the
9th
,
without
that
,
that
he
is
guilty
at
another
time
:
but
after
the
Tythes
severed
,
and
till
they
were
dry
,
and
it
is
good
without
traversing
before
and
after
,
for
it
is
yeerly
,
and
not
certain
what
day
of
the
yeer
.
The
same
Law
where
one
justifies
for
Common
after
corne
sowed
,
till
cut
:
But
otherwise
it
is
for
having
Common
from
Lammas
till
Candlemas
,
there
he
ought
to
traverse
all
the
time
before
Lammas
,
and
after
Candlemas
.
12
Ed:
4.
fol:
6.
Trespas
of
a
Close
broken
first
day
of
May
,
Anno
8.
the
Defendant
pleads
that
the
Plaintiffe
enfeoffed
him
,
the
4th
of
May
the
yeer
aforesaid
,
without
that
that
he
was
guilty
before
the
said
4th
.
day
.
And
the
Plaintiffe
saith
that
he
did
not
enfeoffe
him
:
and
it
is
good
,
without
maintaining
the
day
which
was
traversed
before
.
15
Ed:
4.
f
:
23.
If
the
Defendant
justifie
by
Licence
at
another
day
,
he
ought
to
say
without
that
,
that
he
is
guilty
before
or
after
.
31
E
:
4.
fol:
9.
Trespas
of
Batterie
,
the
Defendant
justifies
at
another
day
before
,
yet
he
ought
to
traverse
without
that
,
that
he
is
guilty
before
or
after
.
30
H
:
6.
fol:
4.
Trespas
of
beating
1.
day
of
July
,
the
Defendant
justifies
in
defending
himself
the
2.
day
of
July
,
he
ought
to
say
without
that
that
he
is
guilty
before
or
after
.
2
R
:
3.
fol:
16.34
H
:
6.
fol:
14.
the
same
.
and
19
H
:
6.
fol:
47.
Where
one
shall
traverse
the
Town
,
and
where
the
County
,
and
where
not
.
TRespas
,
why
he
broke
his
Close
,
and
took
his
Reeds
in
B.
it
is
no
plea
that
the
place
is
in
D.
in
the
same
County
,
and
not
in
B.
but
he
ought
to
justifie
in
D.
the
taking
,
as
by
prescription
for
repairing
his
house
,
or
any
matter
of
justification
,
without
that
,
that
he
took
in
B.
9
H
:
5.
fol:
9.
and
4
H
:
7.
fol:
5
by
Hussey
.
Trespas
of
goods
in
D.
in
the
County
of
Middlesex
,
Defendant
justifies
at
S.
in
the
County
of
D.
by
commandment
of
J.
S.
in
whom
the
property
is
,
without
that
,
that
he
is
guilty
in
the
County
of
Middlesex
:
22
Ed:
4.38
.
Trespas
of
goods
in
one
County
,
the
Defendant
may
justifie
in
another
,
and
traverse
the
County
.
7
H.
6.
f
:
37.
Trespas
of
a
Close
broken
in
D.
the
Defendant
justifies
for
common
appendant
in
S.
in
the
same
County
,
he
ought
to
traverse
without
that
,
that
he
is
guilty
in
D.
4
H
:
6.
fol:
13.
Trespas
,
why
he
broke
his
Close
in
D.
in
the
County
of
Darby
,
the
Defendant
cannot
justifie
in
S.
in
the
County
of
N.
in
manner
and
form
,
and
traverse
the
County
,
but
plead
not
guilty
;
for
upon
not
guilty
,
the
Jury
cannot
finde
him
guilty
in
another
Town
in
another
County
:
but
in
another
Town
in
the
same
County
they
may
,
and
for
that
he
ought
to
traverse
.
But
in
trespas
of
goods
taken
,
or
of
Battery
in
D.
the
Defendant
may
justifie
in
S.
in
the
same
County
without
travers
.
9
H
:
6.
fol:
62.
Trespas
of
Fish
taken
in
a
Close
in
little
Henberry
,
the
Defendant
justifies
in
great
Henberry
in
the
same
County
,
without
that
,
that
he
was
guilty
in
little
Henberry
,
and
it
is
good
.
19
H
:
6.8
.
and
20
H
:
6.29
.
Trespas
of
Assault
,
Batterie
,
and
Imprisonment
in
D.
the
defendant
●ustifies
in
S.
in
the
same
County
for
helping
a
woman
,
which
the
Plaintiffe
would
have
robb'd
at
S.
and
it
is
good
,
without
traverse
,
that
is
,
without
saying
,
without
that
,
that
he
is
guilty
in
D.
for
it
is
a
justification
in
every
place
of
the
said
County
.
9
Ed:
4
fol:
26.
Trespas
upon
the
Statute
of
Rich:
the
fifth
yeer
,
for
entring
in
20.
Acres
of
land
in
D.
the
defendant
saith
,
that
J.
S.
was
seised
of
20
Acres
in
S.
in
the
same
County
,
and
of
them
enfeoffed
him
,
and
justifies
,
without
that
,
that
he
entred
into
the
Lands
in
D.
and
it
is
good
.
If
he
give
colour
in
S.
to
have
the
Town
par●ell
of
the
Issue
,
for
inveigling
the
Jury
.
11
Ed:
4.9
.
Trespas
in
D.
of
Beasts
taken
,
the
Defendant
justifies
in
S.
in
the
same
County
doing
dammage
,
without
traverse
.
The
same
Law
of
Battery
.
Yet
see
the
Book
.
18
Ed:
4.11
.
Detinue
of
a
delivery
to
the
Defendant
in
D.
in
the
County
of
D.
to
re-deliver
to
the
Plaintiffe
,
the
Defendant
saith
that
the
same
day
and
yeer
at
S.
in
the
County
of
N.
the
Plaintiffe
bought
the
goods
of
the
Defendant
for
10
li.
upon
condition
,
that
if
he
payed
the
10
li.
such
a
day
,
that
the
Sale
should
be
void
;
and
that
he
did
not
pay
at
the
day
,
without
that
that
the
Plaintiffe
delivered
them
in
the
County
of
D.
for
to
re-deliver
,
and
admitted
a
good
Plea
.
8
H.
6.
fol:
10.
Detinue
of
a
delivery
in
one
County
,
where
it
was
delivered
in
another
:
the
Defendant
may
say
,
that
the
delivery
was
in
another
County
,
without
that
it
was
delivered
where
the
Plaintiffe
counts
;
otherwise
he
shall
be
twice
charged
.
33
H.
6.
fol:
28.
By
Nedham
,
in
Debt
upon
a
bargain
,
the
Defendant
saith
it
was
made
upon
condition
at
another
place
in
the
same
County
.
The
Plaintiffe
may
say
that
it
was
made
simply
,
without
any
condition
,
ready
without
traversing
of
the
place
,
for
that
,
that
it
is
in
the
same
County
.
But
if
the
Condition
were
made
in
another
County
,
there
he
ought
to
traverse
that
it
was
made
simply
where
the
Plaintiffe
counted
.
34
H
:
6.
fol:
32.
And
the
same
Law
in
detinue
of
chattels
,
and
see
a
bargain
traversable
,
which
is
in
effect
the
same
conveyance
,
where
he
might
have
waged
his
Law
33
H.
6.
fol:
25.
Account
of
Receit
in
London
,
by
the
hands
of
R.
the
Defendant
saith
that
he
received
them
by
the
hands
of
R.
in
C.
to
deliver
to
the
Plaintiffe
himself
,
which
he
hath
done
without
that
,
that
he
ever
received
them
in
London
,
and
good
.
9
Ed:
4.48
.
and
22
H.
6.55
.
Account
of
Recest
of
10
Marks
in
London
,
the
Defendant
saith
he
received
them
in
Cornwall
,
to
deliver
them
to
J.S.
which
he
hath
done
,
without
that
,
that
he
was
his
Receiver
in
London
,
and
it
seems
a
good
plea.
9
Ed.
4.
f.
48.
Trespas
in
the
Parish
of
W.
in
D.
in
the
County
of
E.
the
Defendant
saith
that
the
place
is
called
W.
in
D.
in
the
County
of
K.
and
justifies
,
without
that
,
that
W.
is
in
the
County
of
E.
and
not
guilty
shall
be
entred
.
34
H.
6.
fol.
5.
Trespas
of
a
bagge
with
money
taken
at
C.
the
Defendant
saith
,
that
the
Plaintife
delivered
that
to
him
at
L.
and
it
is
not
good
,
but
that
he
delivered
that
to
him
at
L.
to
deliver
to
J.S.
which
he
did
,
without
that
,
that
he
is
guilty
at
C
is
good
.
34
H.
6.9
.
and
19
H.
6.
fol.
43.
Trespas
of
an
Horse
taken
at
D.
in
the
County
of
M.
the
Defendant
justifies
the
taking
for
a
Waife
at
S.
in
another
County
,
without
that
,
that
he
is
guilty
at
D.
and
it
seems
nothing
shall
be
entred
but
not
guilty
.
Inquier
19
H.
7.27
.
and
22
Ed.
4.38
.
this
was
entred
,
and
not
the
generall
Issue
.
Action
upon
the
Case
for
that
,
that
the
Defendant
sold
Woad
to
him
at
J.
and
there
shewed
to
him
a
peice
,
which
is
march●ntable
,
and
warranted
the
rest
to
be
as
good
as
the
example
,
where
it
is
defective
.
The
Defendant
saith
,
that
he
sold
to
him
Woad
at
B.
and
warranted
that
,
&c.
without
that
,
that
he
sold
at
I.
and
is
good
.
14
H.
6.
fol:
24.
Action
upon
the
Case
upon
Assumpsit
at
London
to
cure
his
Horse
;
the
Defendant
saith
at
Oxford
he
assumed
to
cure
,
&c.
without
that
,
that
he
assumed
at
London
,
and
it
is
good
.
19
H.
6.
fol:
49.
Trespas
of
beating
at
D.
in
the
County
of
D.
If
the
Defendant
justifies
at
S.
in
the
County
of
N.
he
ought
to
traverse
the
County
.
9
H.
6.62
.
and
11
H.
6.20
.
the
same
.
Trespas
of
goods
taken
at
E.
the
Defendant
pleads
that
they
were
delivered
to
him
at
S.
in
the
County
of
M.
to
deliver
to
the
Plaintiffe
,
which
he
did
,
without
that
,
that
he
was
guilty
at
E.
19
H.
6.48
.
In
Trespas
transitorie
,
where
the
Defendant
justifies
in
another
County
he
onght
to
take
traverse
.
29
H.
6.72
.
and
5
H.
4.
fol:
3.
the
same
.
22
Ed.
4.
fol:
38.7
H.
6.
fol.
37.10
H.
7.
fol:
27.
Yet
ready
.
Where
he
shall
say
Yet
ready
,
and
where
not
.
DEtinue
of
a
Chest
with
Writings
against
Executors
,
it
is
no
plea
for
them
to
say
,
that
the
Writings
came
to
them
sealed
,
and
that
they
were
readie
to
deliver
them
,
and
yet
are
readie
,
unlesse
that
they
offer
them
to
the
Court
;
or
to
say
that
the
thing
is
of
so
great
weight
that
they
cannot
bring
them
hither
.
9
H.
6.65
.
and
22
Ed.
3.
B●ook
.
Alwayes
ready
.
6
Ed.
4.
fol.
11.
44
Ed.
3.
tit
.
40.
Dower
,
the
Tenant
saith
that
he
hath
been
alwayes
ready
to
render
Dower
,
and
yet
is
.
The
Demandant
avers
the
contrary
;
upon
which
the
Demandant
shall
recover
her
Dower
.
But
she
shall
not
have
a
Writ
to
inquire
of
her
dammages
now
,
for
that
is
the
Issue
,
which
shall
be
tryed
.
14
H.
8.
fol:
28.
Dower
,
if
the
Tenant
come
in
at
the
first
day
,
and
will
aver
that
he
was
alwayes
readie
,
and
yet
is
,
if
the
Demandant
will
not
aver
the
contrary
,
that
the
Demandant
shall
not
recover
dammages
.
5
Ed.
4.
Dower
2.
Where
the
Tenant
imparles
to
another
Tearm
,
he
shall
not
say
,
yet
readie
to
render
Dower
.
21
Ed.
3.
tit
.
24.
Dower
,
the
Tenant
alledges
,
that
the
Demandant
deteins
a
Hamper
of
Evidences
of
that
Land
,
and
it
,
&c.
the
Demandant
saith
,
That
she
is
,
and
alwayes
hath
been
readie
to
deliver
the
Hamper
,
&c.
and
for
that
she
shall
have
judgement
for
thwith
.
8
H.
6.
fol.
15.
Trespas
,
the
Defendant
pleads
an
Arbitrement
,
which
was
to
pay
10
li.
if
the
day
be
past
,
he
shall
say
that
he
hath
been
alwayes
readie
,
and
yet
is
,
and
bring
the
money
into
the
Court.
22
H.
6.
fol:
45.
Debt
upon
an
Obligation
endorsed
upon
Condition
,
to
perform
an
award
to
pay
20
s.
before
Christmas
last
past
,
if
he
tendered
before
the
day
,
and
the
other
refused
,
he
shall
not
say
yet
ready
afterwards
.
Injuire
.
Dower
,
where
the
Tenant
casts
an
Essoyn
,
he
is
not
estopped
to
say
,
yet
readie
to
render
Dower
.
14
H.
6.
4.
See
in
Debt
by
Hank
.
11
H.
4.60
.
and
7
H.
4.
fol:
16.
Debt
,
where
the
Defendant
comes
inupon
the
distresse
,
he
may
say
yet
readie
.
7
H.
4.11
.
and
8
Ed.
4.
fol:
11.
the
same
.
Debt
after
Imparlance
,
the
Defendant
cannot
plead
yet
readie
.
36
H.
6.
14.
Annuitie
where
the
Defendant
comes
in
at
the
distresse
,
he
cannot
say
yet
readie
.
2
H.
4.
fol:
4.
Debt
,
Processe
continued
till
the
distresse
,
return
Nihil
and
proceeds
to
the
Capias
,
pluries
,
and
the
Defendant
cometh
in
,
and
saith
that
he
was
alwayes
ready
,
and
yet
is
.
11
H.
4.
fol:
6.
Debt
upon
an
Obligation
,
to
stand
to
the
award
,
and
the
award
was
to
pay
at
such
a
place
;
the
Defendant
may
say
that
he
was
alwayes
readie
at
the
place
,
without
saying
yet
readie
,
and
without
tendring
the
money
in
Court
.
11
H.
6.27
.
See
22
H.
6.
fol:
39.
the
reason
in
this
case
.
Debt
upon
an
Obligation
to
pay
a
lesser
summe
at
such
a
day
,
for
the
Defendant
to
say
that
he
was
ready
at
the
place
,
and
offered
,
and
the
Plaintiffe
refused
,
it
is
no
plea
;
but
shall
say
,
that
he
hath
been
alwayes
readie
,
and
yet
is
,
and
tender
the
money
in
Court
,
for
otherwise
the
Plaintiffe
shall
not
have
remedie
.
7
Ed:
4.3
.
But
see
7
H.
4.19
.
and
2
Ed:
4.3
.
by
Choke
.
Detinue
of
Deeds
against
Executors
,
they
ought
to
say
,
that
they
were
readie
,
and
yet
are
;
for
otherwise
they
shal
pay
dammages
,
22
Ed:
3.
tit
.
37.
Alwayes
ready
.
Debt
upon
an
Obligation
,
condition
to
pay
10
li.
such
a
day
,
and
place
;
and
the
Defendant
tenders
that
at
the
day
and
place
,
and
the
Plaintiffe
receives
there
part
,
and
respits
the
rest
untill
an
agreement
be
made
between
them
,
and
after
the
Plaintiffe
requires
it
,
and
the
Defendant
refuseth
to
pay
it
;
yet
he
shall
not
forfeit
the
penalty
;
for
this
is
saved
by
the
first
tender
.
But
now
by
the
Court
,
he
ought
to
tender
it
in
Court
.
And
where
one
is
bound
in
10
l.
upon
condition
to
pay
five
pound
,
at
such
a
day
and
place
,
and
though
that
he
were
ready
at
the
day
and
place
,
and
none
comes
to
receive
it
,
yet
by
the
Court
he
shall
have
the
money
in
Court
ready
,
7
Ed:
4.
fol:
3.
See
5.
H.
4.
Debt
upon
an
obligation
,
the
condition
to
pay
so
much
money
as
B.
shall
appoint
for
the
taking
of
the
beasts
of
the
Plaintiffe
,
and
the
Defendant
saith
,
that
B.
appointed
10
l.
which
he
tendered
,
and
the
Plaintiffe
refused
it
judgment
if
action
,
and
it
is
a
good
plea
without
saying
yet
ready
,
for
the
condition
is
to
do
a
collatterall
act
,
and
this
10
l.
is
collatteral
,
and
for
that
he
shal
not
say
yet
ready
.
But
if
one
be
bound
in
20
l.
and
the
condition
to
pay
10
l.
there
if
he
say
that
he
offered
the
10
l.
at
the
day
,
and
the
Plaintiffe
refused
it
,
yet
he
shall
say
yet
ready
,
for
the
10
l.
are
parcell
of
20
l.
and
for
the
10
l.
he
cannot
have
action
,
19
H.
8.
fol:
12.
and
22
H
6.
fol:
45.
Debt
upon
an
obligation
,
the
condition
that
J.
S.
should
perform
the
covenants
of
an
Indenture
,
the
Defendant
alledges
them
performed
specially
,
and
one
Covenant
was
,
that
J
:
S
:
should
pay
to
the
Plaintiffe
10
l.
and
he
said
that
he
offered
it
to
him
,
and
the
Plaintiffe
refused
by
Fitzh
:
and
Shelley
,
he
need
not
say
yet
ready
,
27
H.
8.
fol.
1.
Debt
upon
an
obligation
,
The
Defendant
saith
that
it
is
endorced
upon
condition
that
if
the
Prior
of
W.
made
an
obligation
to
the
Plaintiffe
before
such
a
day
,
that
then
&c.
And
saith
that
the
Prior
tendered
that
to
the
Plaintiffe
,
and
he
refused
it
,
and
shall
nor
say
yet
ready
,
for
it
is
a
thing
out
of
his
power
,
and
to
be
made
by
a
stranger
,
10
H
6.
fol:
17.
If
a
man
be
bound
in
20
l.
and
the
condition
is
to
pay
10
l.
if
the
Defendant
plead
in
debt
upon
the
obligation
,
that
he
tendred
the
10
l.
at
the
day
,
and
the
Plaintiffe
refused
it
,
yet
he
shall
say
yet
ready
.
But
if
the
condition
were
,
that
J.
S
:
should
pay
at
the
day
to
the
Plaintiffe
,
and
the
Plaintiffe
refuse
,
he
shall
not
say
yet
ready
,
14
H.
6.
fol:
24.
Debt
upon
an
obligation
,
of
10
l.
the
Defendant
pleads
that
after
by
Indenture
of
defesance
,
the
Plaintiffe
granted
that
if
the
Defendant
paied
unto
him
20
s.
such
a
day
,
that
then
the
obligation
should
be
void
,
and
saith
that
he
tendred
to
him
the
20
s.
at
the
day
,
and
he
refused
it
,
and
by
Prisot
,
he
shall
not
say
yet
ready
,
33
H.
6.
fol:
2.
Debt
upon
an
obligation
,
the
condition
to
pay
a
lesse
sum
,
this
lesse
sum
is
parcell
of
the
sum
in
the
obligation
,
and
for
that
the
Defendant
shall
say
yet
ready
,
but
otherwise
it
is
,
where
the
condition
is
to
stand
to
the
award
or
other
collatteral
matter
,
there
the
Defendant
shall
not
say
yet
ready
,
20
Ed:
4.
fol:
2.
The
Court
Roll.
THe
Court
Baron
of
W.
T.
Prebend
of
Islington
.
Gentleman
Farmer
of
R.
F.
Clark
,
Prebend
of
the
preben
dary
aforesaid
,
there
to
be
held
the
Tuesday
,
that
is
the
6
day
of
May
:
the
year
of
the
Reign
of
our
Soveraign
Lady
Elizabeth
by
the
grace
of
God
.
Queen
of
England
,
France
,
and
Ireland
,
defender
of
the
faith
,
the
●oth
.
L.
H.
by
W.
I.
essoyned
of
Common
.
Jury
J.
H
,
J.
P
,
T.
G
,
R.
M
,
R.
H
,
R.
E
,
T.
L
,
R.
W
,
R.
B
,
W.
R
,
T.
W.
First
they
say
upon
their
Oath
,
Default
of
the
Freeholders
.
W.
A
,
4d
.
J.
H
,
4d
.
and
R.
B
,
4d
.
are
Freeholders
of
this
Mannour
,
and
owe
suit
to
the
Court
,
and
at
this
day
have
made
default
.
Therefore
every
of
them
in
the
mercy
,
as
it
appears
upon
their
heads
.
Also
they
say
upon
this
Oath
,
W.
J.
2d
.
and
J.
R.
2d
.
are
Tenants
by
the
Copy
of
the
Rolls
of
this
Court
,
and
owe
Suit
to
the
Court
,
and
at
this
day
made
default
,
therefore
either
of
them
in
the
mercy
,
as
it
appears
above
upon
their
heads
.
Also
they
present
that
W.
J.
which
held
of
the
Lord
freely
one
house
,
R.
J.
is
son
and
next
heir
of
the
aforesaid
W.
J.
and
is
of
the
Age
of
10
years
,
and
came
to
Court
,
the
aforesaid
W.
J.
and
payeth
to
the
Lord
for
releif
●●d
and
made
his
fealty
.
Also
they
say
upon
their
Oath
,
G.
B.
which
of
the
Lord
held
freely
one
Cottage
,
one
Orchard
,
and
6
acres
of
m●ddow
with
the
appurtenances
,
by
his
deed
indented
bearing
date
the
6th
.
day
of
January
,
the
year
of
the
reign
,
of
the
said
Queen
,
gave
,
granted
,
bargained
,
and
sold
,
all
and
sing
●lar
the
premises
aforesaid
with
their
appurtenances
to
R.
K.
of
&c.
to
have
and
to
hold
all
and
singular
the
premises
aforesaid
,
with
their
appurtenances
aforesaid
,
to
the
said
R.
K.
his
heirs
and
Assignes
,
of
the
chief
Lords
of
the
fee
,
by
the
Rents
,
Services
,
and
customes
there
first
due
,
and
of
right
accustomed
,
and
the
premises
doth
hold
of
the
Lord
of
this
Mannor
,
by
fealty
,
Suite
of
Court
,
&
by
the
yearly
Rent
of
12
d.
And
at
this
Conrt
the
said
R.
K.
made
to
the
Lord
his
fealty
.
Also
they
say
upon
their
Oath
,
W.
A.
which
held
of
the
Lord
freely
one
house
or
tenement
●
and
20
Acres
of
Land
called
H.
by
fealty
,
suite
of
Court
,
and
by
the
yearly
rent
of
6
d.
dyed
thereof
seised
,
And
by
his
last
Will
made
in
Writing
,
bearing
date
the
28th
.
of
September
,
the
year
of
the
Reign
of
the
aforesaid
Queen
the
19th
.
bequeathed
the
house
or
Tenement
,
and
the
aforesaid
20
Acres
of
land
to
certain
R.
A.
and
T.
A.
his
sons
,
by
the
name
of
all
his
Lands
,
Tenements
,
and
Hereditaments
,
Scituate
,
Lying
and
being
in
J.
aforesaid
,
to
have
and
to
hold
the
aforesaid
messuage
or
tenement
,
&c.
And
the
aforesaid
20
Acres
of
Land
,
to
the
said
R.
A.
and
T.
A.
their
Heirs
and
Assignes
for
ever
,
to
the
poper
use
and
behoof
of
R.
and
T.
&
their
Heirs
and
Assignes
for
ever
.
Therefore
it
is
commanded
to
the
Bayliffe
,
that
he
should
distrain
the
aforesaid
R.
A.
and
T.
A.
according
to
the
form
of
the
Statute
in
that
case
provided
,
to
pay
his
Releif
,
and
likewise
let
them
be
distrained
to
make
their
fealty
.
Also
they
say
upon
their
Oath
,
that
R.
R.
customary
tenant
of
this
Mannor
,
out
of
the
Court
,
surrendered
into
the
hands
of
the
Lord
,
by
the
hands
of
W.
T.
and
R.
M.
two
customary
tenants
of
this
Mannor
,
according
to
the
custome
of
this
Mannor
.
All
that
messuage
,
and
30
acres
of
meddow
,
feeding
and
Pasture
,
with
the
appurtenances
,
late
in
the
tenure
,
or
occupation
of
R.
B.
to
the
use
and
behoof
of
R.
R.
for
tearm
of
his
naturall
life
,
&
after
the
decease
of
the
said
R.
R.
then
to
the
use
and
behoof
of
T.
B.
and
the
heirs
of
the
body
of
the
said
T.
lawfully
begotten
,
and
for
defect
of
such
issue
,
of
the
body
of
the
said
T.
B.
lawfully
begotten
,
the
remainder
thereof
to
J.
J.
the
son
of
R.
J.
of
J
aforesaid
Gentleman
,
his
heirs
and
assignes
for
ever
,
and
they
say
that
the
aforesaid
R.
dyed
,
and
now
at
this
Court
aforesaid
T.
B.
came
and
requested
to
be
admitted
to
all
and
singular
the
premises
aforesaid
,
and
at
this
Court
the
Lord
by
J.
K.
his
steward
granted
him
seisin
thereof
by
the
rod
,
to
have
and
to
hold
to
the
said
T.
B.
and
the
heirs
of
his
body
lawfully
begotten
,
and
for
defect
of
such
issue
,
the
remainder
to
the
use
and
behoof
of
the
said
J.
J.
and
his
heirs
for
ever
,
and
the
aforesaid
T.
B.
gave
to
the
Lord
a
fine
4
pound
,
and
made
to
the
Lord
his
fealty
,
and
is
admitted
tenant
thereof
.
To
this
Court
it
is
witnessed
by
W.
T.
steward
,
W.
N.
lying
very
sick
10
day
of
A.
the
year
of
the
Reign
of
the
aforesaid
Lady
the
Queen
19.
surrendred
into
the
hands
of
the
Lord
,
by
the
hands
of
the
said
steward
,
(
the
Court
being
absent
)
in
the
presence
of
R.
C.
R.
P.
and
C.
H.
one
tenement
called
Miles
in
which
lately
dwelt
W.
G.
with
all
his
lands
and
tenements
within
the
prebend
of
J
:
to
the
use
and
behoof
of
M.
his
wife
for
tearm
of
her
life
,
and
aster
the
desease
of
the
said
M.
the
remainder
to
W.
T.
son
of
the
foresaid
W.
the
father
,
and
E
:
daughter
of
the
said
W
:
the
father
,
and
sister
of
the
aforesaid
W.
their
sons
and
heirs
upon
this
condition
,
notwithstanding
following
,
that
if
it
happen
any
of
the
aforesaid
W.
the
son
,
and
E
:
the
daughter
,
to
dye
without
heirs
of
their
body
issuing
,
that
then
he
or
she
,
which
did
survive
,
shall
have
&
enjoy
the
tenement
aforesaid
to
them
and
their
heirs
for
ever
.
And
upon
this
came
into
this
Court
the
aforesaid
M.
&
did
desire
to
be
admitted
into
the
Tenement
aforesaid
with
the
appurtenances
,
to
whom
the
Lord
by
J.
K.
his
steward
granted
thereof
seism
by
the
rod
,
to
have
to
him
in
form
aforesaid
at
the
will
of
the
Lord
,
according
to
the
custome
of
the
Mannor
,
and
gave
to
the
Lord
for
his
fine
for
his
entrance
there
had
,
as
it
appears
,
&c.
and
made
his
fealty
,
and
is
admitted
thereof
Tenant
.
Item
,
W.
W.
one
of
the
sons
and
Coheirs
of
R.
W.
dead
,
which
surely
W.W.
held
of
the
Lord
to
him
&
his
heirs
,
according
to
the
custom
of
this
Mannor
,
the
half
of
two
messuages
or
tenements
,
and
one
garden
with
the
appurtenances
,
in
J
:
and
long
before
this
Court
dyed
thereof
seised
within
the
age
of
10
years
,
and
in
the
keeping
of
one
R.
M.
according
to
the
custome
of
the
Mannor
,
and
that
S.
W
:
is
brother
and
sole
heir
of
the
aforesaid
W.
W.
and
of
full
age
,
who
being
here
present
in
the
Court
,
desired
to
be
admitted
Tenant
,
to
all
the
lands
and
tenements
customary
,
of
which
the
said
W
:
W
:
dyed
thereof
seised
,
that
is
to
the
half
of
two
messuages
or
tenements
,
a
Toft
and
garden
with
the
appurtenances
within
the
Mannor
,
to
which
the
Lord
by
his
steward
J.
K.
granted
to
him
seisin
thereof
,
to
have
and
to
hold
to
him
and
his
heirs
of
the
Lord
by
the
rod
,
at
the
will
of
the
Lord
,
according
to
the
custome
of
the
Mannor
aforesaid
,
by
the
rent
,
custome
,
and
services
there
first
due
and
accustomed
,
and
gives
to
the
Lord
for
his
fine
,
for
his
entrance
as
it
appearsin
the
head
,
and
made
to
his
Lord
fealty
,
and
is
admitted
tenant
thereof
.
Also
to
this
Court
came
J
:
T
:
R.
B.
Gentleman
his
heirs
and
assigns
for
ever
by
the
rod
,
at
the
will
of
the
Lord
according
to
the
custome
of
the
Mannor
aforesaid
,
to
which
R.B.
the
Lord
by
his
Steward
granted
to
him
thereof
seisin
,
to
have
to
him
and
his
heirs
of
the
Lord
by
the
rent
of
10
s.
yearly
,
and
other
services
then
first
due
,
and
he
gives
the
Lord
for
a
Fine
,
for
having
this
entry
therein
4
l.
and
made
to
the
Lord
fealty
,
and
is
hereof
admitted
Tenant
.
Also
the
Homagers
say
upon
their
Oath
,
that
on
R
:
S
:
T
:
S
:
his
brother
to
him
and
to
his
Heirs
,
dyed
since
the
last
Court
so
seised
,
and
that
one
J
:
S
:
his
son
and
next
heir
of
the
said
R.
to
the
half
aforesaid
,
of
the
Land
and
Grange
aforesaid
,
and
is
of
the
Age
of
8
years
.
And
upon
this
as
wel
the
custody
of
the
aforesaid
F
:
as
the
Land
and
grange
aforesaid
,
were
committed
to
one
S:
I
:
as
his
.
next
freind
,
&c.
And
found
surety
to
the
Court
E
:
N
to
restore
to
the
aforesaid
J.
of
the
profits
thereof
,
when
he
should
come
to
the
age
of
14
years
.
Also
they
say
upon
their
Oath
,
that
R
:
W
:
Also
they
say
upon
their
Oath
,
that
G
:
B
:
H
:
S
:
for
the
Lords
rent
,
then
by
that
foresaid
H
:
behind
and
not
paid
,
and
that
the
aforesaid
H
:
then
and
there
made
Rescous
upon
the
said
G
:
B
:
therfore
he
in
the
mercy
&c.
Pleas
in
Court
Baron
.
R.
H.
complaineth
against
C
:
E
:
and
A
:
his
wife
,
R
:
M
:
and
desires
forthwith
processe
to
be
made
for
him
,
according
to
the
custome
of
the
Mannor
aforesaid
,
against
the
aforesaid
C
:
and
A
:
his
wife
,
&c.
Therefore
according
to
the
custome
of
this
Mannor
,
used
time
out
of
minde
.
It
is
commanded
to
the
under
Ba●liffe
of
thi●
Mannor
aforesaid
,
and
the
Officer
of
the
foresaid
Court
,
that
he
should
summon
by
good
summoners
,
the
aforesaid
C
:
&
A
:
that
they
should
be
before
the
suitors
of
the
Court
aforesaid
,
the
next
Court
of
the
Mannor
aforesaid
,
the
Tuesday
such
a
day
,
held
at
the
Mannor
aforesaid
,
to
answer
to
the
aforesaid
R
:
H
:
of
the
aforesaid
Plea
,
&c.
The
same
day
is
given
to
the
aforesaid
R
:
here
,
&c.
To
which
truly
next
Court
,
came
aswell
the
aforesaid
R
:
H
:
as
the
aforesaid
C
:
and
A
:
by
J
:
R
:
their
Attorney
,
And
the
aforesaid
Officer
of
the
Court
aforesaid
,
returned
here
in
the
Court
,
that
that
he
by
vertue
of
the
command
aforesaid
to
him
directed
,
had
sunimoned
the
aforesaid
C
:
and
A
:
by
good
summoners
,
that
is
by
J
:
D
:
and
R
:
R
:
to
be
here
at
this
Court
to
answer
the
aforesaid
R
:
H
of
the
aforesaid
Plea
,
of
the
aforesaid
one
house
:
●
Cottages
20
Acres
of
Land
,
20
Acre
:
of
Meddow
,
and
20
Acres
of
Pasture
with
the
appurtenances
,
as
it
was
commanded
him
,
&c.
And
upon
this
the
said
R
:
H
:
demandeth
against
the
said
C
:
A
▪
the
tenements
aforesaid
with
the
appurtenances
,
as
his
right
and
Inheritance
,
saying
,
that
one
W
:
H
:
was
seised
of
the
tenements
aforesaid
,
with
the
appurtenances
,
in
his
demesne
as
of
Fee
,
at
the
will
of
the
Lord
,
according
to
the
custome
of
the
manner
aforesaid
,
And
so
being
seised
,
according
to
the
custome
of
this
Mannor
,
time
out
of
mind
,
used
and
allowed
at
the
Court
of
the
Mannor
,
held
at
J
:
within
the
precinct
of
the
Mannor
,
the
aforesaid
Tuesday
,
next
after
the
feast
of
P
:
the
year
of
the
Reign
of
our
Soveraign
Lady
Queen
Eliz:
22.
by
J.A.
and
T
:
P
:
deputy
Bayliffes
of
the
Mannor
aforesaid
,
in
the
presence
of
T
:
C
:
T
:
S
:
R
:
L
:
J
:
M:
Y
:
R.
and
J
:
B
:
are
tenants
of
the
Lord
of
the
Mannor
aforesaid
,
surrendred
into
the
hands
of
the
Lord
,
the
tenements
aforesaid
,
with
the
appurtenances
,
to
the
use
and
behoof
of
one
M
:
then
the
wife
of
the
aforesaid
W
:
H
:
to
be
held
for
tearm
of
her
life
,
and
after
the
decease
of
the
said
M:
the
aforesaid
Tenements
with
their
appurtenances
,
should
wholly
remain
to
one
J
:
H.
son
of
N
:
H
:
brother
of
the
aforesaid
W
:
H
:
and
to
the
heirs
of
his
body
lawfully
begotten
,
and
for
defect
of
such
Issue
of
the
said
J
:
the
aforesaid
tenements
with
the
appurtenances
,
should
wholly
remain
to
one
E
:
H
:
daughter
of
the
aforesaid
W
:
to
be
held
to
her
and
her
heirs
of
her
Body
lawfully
begotten
,
and
for
defect
of
such
Issue
of
the
said
E.
the
aforesaid
tenements
with
the
appurtenances
,
should
wholly
remain
to
the
right
heirs
of
the
aforesaid
W
:
H
:
and
his
heirs
for
ever
.
By
vertue
of
which
surrender
,
the
aforesaid
M:
was
seised
of
the
tenements
with
the
appurtenances
,
in
his
deinesne
as
of
freehold
,
at
the
will
of
the
Lord
,
according
to
the
custome
of
the
Mannor
aforesaid
:
in
the
time
of
peace
,
time
of
the
aforesaid
Queen
Elisabeth
,
taken
then
the
profits
to
the
value
&c.
And
from
the
said
M.
remained
right
by
the
form
of
the
surrender
aforesaid
,
according
to
the
custome
of
the
Mannor
aforesaid
,
J
:
H
:
by
which
the
said
J
:
was
seised
of
the
tenements
aforesaid
,
with
the
appurtenances
in
his
demesne
as
of
fee
tayl
,
at
the
will
of
the
Lord
,
according
to
the
custome
of
the
Mannor
aforesaid
,
by
forme
of
the
surrender
aforesaid
,
in
the
time
of
peace
,
in
time
of
our
Lord
Edward
late
King
of
England
the
second
,
taking
then
the
profits
to
the
value
&c.
and
from
the
said
J
:
after
the
death
of
the
aforesaid
Elizab:
(
for
that
both
of
them
,
the
aforesaid
J.
and
E
:
dyed
without
heirs
of
their
body
lawfully
begotten
)
the
right
remainder
by
the
forme
of
the
surrender
aforesaid
,
according
to
the
custome
of
the
Mannor
aforesaid
,
to
the
said
R
:
H
:
which
now
demands
,
that
is
to
say
,
as
the
son
and
heir
of
W
:
F
:
brother
and
heir
of
the
aforesaid
W
:
H
:
and
therefore
produceth
this
Suite
.
Plaints
of
Mortdancester
.
R.
C
:
Complains
against
W
:
L
:
and
E
:
his
Wife
of
a
Plea
of
Land
,
that
is
to
say
,
of
one
house
,
30
Acres
of
Meddow
,
and
a
100
Acres
of
Pasture
,
with
the
appurtenances
in
J
:
within
the
Jurisdiction
of
this
Court
,
and
made
protestation
to
prosecute
his
complaint
in
forme
and
nature
of
a
Writ
of
the
Queens
,
Assise
of
the
death
of
his
Ancestor
at
the
Common-law
&c.
And
desired
processe
for
that
,
to
be
made
according
to
the
custome
of
this
Mannor
,
in
form
and
nature
of
this
Writ
aforesaid
,
to
be
directed
to
the
Bayliffes
and
Officers
of
this
Court.
And
that
the
said
Bayliffe
and
Officers
by
the
command
and
precept
of
the
Lord
of
this
Mannor
,
R
:
C
:
Father
of
the
aforesaid
R
:
was
seised
in
his
demesne
as
of
fee
,
at
the
will
of
the
Lord
according
to
the
custome
of
the
Mannor
,
the
day
that
he
dyed
,
of
and
in
one
house
,
30
Acres
of
Medow
,
and
a
100
Acres
of
Pasture
,
of
customary
Lands
of
this
Mannor
,
with
the
appurtenances
called
C.
within
the
jurisdiction
of
this
Court
;
the
day
that
he
dyed
,
And
if
the
said
R.
the
father
dyed
within
50
years
now
last
past
,
and
if
the
aforesaid
R
:
the
son
be
the
next
heir
of
the
aforesaid
R
:
the
father
,
and
in
the
mean
time
they
should
view
the
Lands
and
Tenements
aforesaid
.
And
that
they
should
summon
by
good
summoners
,
the
aforesaid
W
:
and
E
:
which
hold
the
said
lands
and
tenements
,
that
they
should
be
here
to
hear
the
Recognitors
,
and
should
find
sureties
to
prosecute
their
Suite
aforesaid
,
J.
D
:
R
:
R.
And
late
here
at
this
Court
came
the
aforesaid
W
:
J
:
in
his
own
person
,
Entry
in
the
by
,
and
to
whom
.
TO
this
Court
came
J
:
N
:
in
his
proper
person
,
&
complaineth
against
T
:
M
:
of
a
Plea
of
Land
,
that
is
to
say
,
of
one
house
,
one
garden
,
and
one
Orchard
with
the
appurtenances
,
and
found
sureties
to
prosecute
his
suit
aforesaid
that
is
J
:
D.
and
R
:
R.
and
doth
protest
to
prosecute
his
suite
aforesaid
,
of
the
aforesaid
house
,
garden
,
and
orchard
,
with
the
appurtenances
in
J
:
in
nature
and
forme
of
a
writ
of
entrance
,
of
our
Lady
the
Queen
in
the
(
by
)
and
(
to
which
.
)
Saying
that
the
said
house
and
garden
with
the
appurtenances
are
his
right
and
Inheritance
,
according
to
the
custome
of
the
Mannor
aforesaid
,
and
into
which
the
aforesaid
T
:
M
:
hath
no
entry
but
by
El:
late
the
wife
of
W
:
M
:
and
the
daughter
of
R
:
P
:
to
which
aforesaid
R
:
P.
and
M
:
his
wife
,
they
demised
,
which
since
unjustly
and
without
judgement
,
disseised
R
:
N
:
by
rem
:
of
the
said
J
:
N
:
within
50
years
last
expired
,
&c.
And
desires
processe
thereof
to
be
made
to
him
against
the
aforesaid
T
:
M
:
according
to
the
custome
of
the
Mannor
,
therefore
according
to
the
custome
of
the
Mannor
it
was
commanded
,
J
:
B
:
under
Bayliffe
of
the
said
Mannor
,
and
Officer
of
the
Court
aforesaid
,
that
according
to
the
custome
of
the
Mannor
aforesaid
,
he
should
summon
by
good
summoners
,
the
aforesaid
T
:
M
:
that
he
should
be
here
at
the
next
Court
,
that
is
the
fourth
day
of
M.
next
comming
,
here
to
be
held
to
answer
to
the
aforesaid
J
:
N
:
of
the
Plea
aforesaid
,
&c.
The
same
day
is
given
to
J.
N
:
here
,
&c.
To
this
Court
came
A
:
B
:
Citizen
and
Mercer
of
L.
W
:
W
:
of
a
Plea
of
land
,
that
is
of
one
house
,
one
garden
,
and
one
Acre
of
land
with
the
appurtenances
in
J
:
held
of
this
Mannor
,
by
copy
of
Court
Roll
,
of
this
Mannor
,
and
made
protestation
to
prosecute
his
complaint
aforesaid
,
in
the
Court
aforesaid
,
in
forme
and
nature
of
a
Writ
of
one
Lady
the
Queen
of
right
Patent
at
the
Common-law
,
according
to
the
custome
of
the
Mannor
aforesaid
,
And
found
pledges
to
prosecute
his
complaint
aforesaid
,
here
in
the
said
Court
,
that
is
J
:
D
:
and
R
:
F
:
and
desired
processe
thereof
to
be
made
to
him
,
against
the
aforesaid
W
:
W
:
according
to
the
custome
of
the
Mannor
aforesaid
,
therefore
according
to
the
custome
of
the
Mannor
aforesaid
,
it
was
commanded
J
:
S
:
Bayliffe
of
the
Mannor
aforesaid
,
and
Officer
of
this
Court
,
that
he
should
summon
the
aforesaid
W
:
W
:
so
that
he
should
be
here
at
the
next
Court
of
this
Mannor
aforesaid
,
here
,
that
is
the
Saturday
the
fourth
day
of
J
:
to
be
held
,
to
answer
the
aforesaid
A
:
B
:
of
the
Plea
aforesaid
,
and
that
he
then
have
there
the
names
of
the
summoners
,
and
this
precept
.
And
the
same
day
is
given
to
the
demandant
here
,
&c.
And
late
,
that
is
to
say
,
to
this
Court
came
the
aforesaid
W
:
W
:
in
his
proper
person
,
and
in
the
full
Court
here
gratis
offered
to
answer
to
the
aforesaid
A
:
B
:
of
the
plea
aforesaid
by
good
summonitors
,
that
is
J
:
D
:
and
R.
R
:
according
to
the
custome
of
the
Mannor
aforesaid
,
and
upon
this
lately
to
this
Court
the
aforesaid
A
:
B
:
that
is
in
proper
person
,
came
and
demanded
against
the
said
W
:
W
:
the
house
aforesaid
,
the
garden
and
acre
of
land
,
aforesaid
with
appurtenances
in
J
:
aforesaid
,
held
of
this
Mannor
by
Copy
of
Court
Roll
,
as
his
right
and
inheritance
,
and
whereof
he
saith
,
that
he
himself
was
seised
of
the
tenement
aforesaid
with
the
appurtenances
in
his
demesne
as
of
see
and
right
,
according
to
the
custome
of
the
Mannor
aforesaid
in
time
of
peace
,
in
the
time
of
our
Lady
the
now
Queen
,
taking
the
profits
to
the
value
,
&c.
And
that
so
is
his
right
,
he
offereth
,
&c.
And
the
foresaid
W
:
W
:
came
and
defendeth
his
right
,
when
&c.
and
this
seisin
,
of
which
seisin
&c.
As
of
fee
and
right
&c.
and
especially
of
the
tenements
aforesaid
with
the
appurtenances
and
all
&c.
And
puts
himself
upon
the
homagers
aforesaid
of
our
Queen
of
this
Court
aforesaid
,
according
to
the
custome
of
the
Mannor
aforesaid
,
and
desires
an
acknowledgment
to
be
made
,
whether
he
hath
more
right
to
hold
the
tenements
aforesaid
with
the
appurtenances
,
as
he
holds
,
or
the
aforesaid
A.
B.
to
have
the
aforesaid
tenements
with
the
appurtenances
as
he
above
demandeth
,
&c.
And
the
aforesaid
A
:
B
:
demandeth
license
to
consider
thereof
till
the
11th
.
houre
before
noon
of
the
same
day
,
and
had
it
,
&c.
And
the
same
houre
was
given
to
the
aforesaid
W
:
here
,
&c.
And
after
the
said
A
:
B
:
returned
here
into
the
Court
,
the
self
same
day
at
the
aforesaid
houre
in
proper
person
,
and
the
aforesaid
W
:
W
:
though
he
were
solemnly
warned
,
came
not
,
but
in
contempt
of
the
Court
departed
,
&
made
default
,
therefore
according
to
the
custome
of
the
Mannor
aforesaid
,
It
is
considered
by
the
Court
that
the
aforesaid
A
:
B
:
should
recover
his
seisin
against
the
said
W
:
W
:
of
the
tenements
aforesaid
with
their
appurtenances
according
to
the
custome
of
the
Mannor
aforesaid
,
to
hold
to
the
said
A
:
B
:
and
his
heirs
according
to
the
custome
of
the
said
Mannor
,
quiet
from
the
said
W
:
W
:
and
his
heirs
for
ever
,
and
the
said
W
:
W
:
in
the
mercy
&c.
And
now
to
this
Court
the
Lord
,
in
execution
of
judgment
,
and
recovering
aforesaid
by
his
Steward
,
granted
to
the
aforesaid
A
:
B
:
of
the
Tenements
aforesaid
with
the
appurtenances
,
seisin
to
hold
to
him
and
his
heirs
and
assignes
by
the
Rod
,
at
the
will
of
the
Lord
according
to
the
custome
of
the
mannor
,
and
made
to
the
Lord
then
fine
and
fealty
,
and
then
was
admitted
Tenant
.
And
after
,
that
is
to
say
,
at
the
same
Court
,
the
aforesaid
A
:
B
:
then
present
came
,
and
the
aforesaid
W
:
W
:
surrendred
into
the
hands
of
the
Lord
,
the
tenement
aforesaid
with
the
appurtenances
,
to
the
use
and
behoofe
of
the
foresaid
A
:
B
:
his
heirs
and
assignes
for
ever
,
and
further
,
the
aforesaid
W
:
W
,
remised
and
released
,
and
altogether
for
him
and
his
heirs
for
ever
quite
,
claimed
to
A
:
B
:
his
heirs
and
assignes
in
their
full
and
peceable
possession
,
and
seisin
,
day
at
the
making
of
these
presents
,
according
to
the
custome
of
the
said
Mannor
,
of
and
in
the
tenements
aforesaid
,
with
their
appurtenances
,
the
whole
right
,
title
,
state
,
claim
,
interest
,
or
demands
whatsoever
,
which
he
ever
had
,
hath
,
or
any
way
hereafter
may
have
,
of
or
in
the
tenements
aforesaid
with
their
appurtenances
,
or
in
any
parcell
thereof
;
so
that
neither
the
aforesaid
W.W.
nor
his
heirs
,
or
any
other
of
them
any
right
,
title
,
state
,
claim
,
interest
,
or
demand
of
,
or
in
the
Tenements
aforesaid
,
with
their
appurtenances
,
nor
in
any
parcel
of
them
from
hence
may
challenge
,
claim
or
pretend
unto
,
nor
shal
do
hereafter
but
from
all
action
of
the
Law
,
title
,
claim
,
use
,
interest
and
demand
thereof
,
be
for
ever
excluded
,
and
every
of
them
excluded
for
ever
by
these
presents
,
And
further
the
said
W
:
W.
granteth
for
him
and
his
heirs
,
that
he
will
warrant
the
tenements
aforesaid
with
the
appurtenances
to
the
aforesaid
A
:
B
:
and
his
heirs
,
against
all
men
for
ever
.
To
this
Court
&c.
came
W.
T
:
son
and
heir
of
W
:
T
:
And
after
to
the
same
Court
came
the
said
W
:
T
:
and
surrendred
into
the
hands
of
the
Lord
,
in
the
same
Court
aforesaid
,
the
feild
called
C
:
containing
by
estimation
8
acres
of
meddow
,
either
more
or
lesse
,
lying
in
J
:
aforesaid
with
the
appurtenances
,
whose
western
part
abouts
upon
a
certain
way
called
K
:
and
the
northern
head
thence
abutting
upon
a
close
late
S:
W
:
to
the
use
and
behoof
of
M:
M
:
and
his
heirs
for
ever
,
and
upon
this
came
the
aforesaid
M:
M
:
and
desired
of
the
Lord
in
the
same
Court
to
be
admitted
tenant
to
the
aforesaid
8
acre
;
of
meddow
with
their
appurtenances
,
to
have
and
to
hold
to
him
and
his
heirs
for
ever
,
at
the
will
of
the
Lord
,
according
to
the
custome
of
the
Mannor
aforesaid
,
making
and
rendring
thereof
rent
,
services
,
and
customes
,
before
due
and
accustomed
,
to
whom
the
Lord
by
his
Steward
,
granted
seisin
thereof
,
by
the
Rod
,
at
the
will
of
the
Lord
,
according
to
the
custome
of
the
Mannor
aforesaid
,
and
payd
to
the
Lord
for
a
fine
for
such
an
entrance
,
for
him
to
have
53s
.
4d
.
and
made
to
the
Lord
fealty
,
and
then
was
admitted
tenant
.
And
after
,
that
is
to
say
,
to
the
same
Court
came
R.
M.
and
W.
M.
and
complained
against
the
aforesaid
M.
M.
of
a
plea
of
land
,
that
is
of
the
aforesaid
8
acres
of
meddow
,
and
made
protestatiou
to
follow
the
complaint
,
in
forme
and
nature
of
a
Writ
of
the
Queens
,
of
entring
upon
disseisin
in
the
post
,
and
upon
this
the
aforesaid
R.
and
W.M.
in
their
proper
persons
,
demand
against
the
aforesaid
Michall
M.
the
aforesaid
8
acres
of
meddow
with
the
appurtenances
in
J.
within
the
jurisdiction
of
this
Court
,
as
their
right
and
inheritance
,
and
into
which
the
said
M.
M.
had
no
entrance
,
but
after
disseisin
,
which
H.
H.
thereof
,
and
without
judgment
made
to
the
aforesaid
R.
and
W.
within
30
years
last
past
&c.
And
whereof
they
say
that
they
were
seised
of
the
aforesaid
8
acres
of
meddow
with
the
appurtenances
in
their
demesne
as
of
fee
,
and
right
,
at
the
will
of
the
Lord
,
according
to
the
custome
of
the
Mannor
aforesaid
,
taking
the
profits
thereof
to
the
value
,
&c.
and
in
which
&c.
and
so
bring
their
suit
,
&c.
And
the
aforesaid
M.M.
in
his
proper
person
comes
and
defends
his
right
,
when
,
&c.
and
called
into
warranty
the
aforesaid
W.T.
which
is
present
here
in
Court
in
his
proper
person
,
and
willingly
,
the
aforesaid
eight
Acres
of
Meadow
,
with
the
appurrenances
,
did
warrant
unto
him
,
&c.
and
upon
this
,
the
aforesaid
R.
and
W.M.
do
desire
against
the
said
W.T.
Tenant
by
his
warranty
,
the
aforesaid
eight
Acres
of
Meadow
,
with
the
appurtenances
in
his
Demesne
,
as
of
Fee
and
Right
,
at
the
Will
of
the
Lord
,
according
to
the
custome
of
the
Mannor
aforesaid
,
in
the
time
of
Peace
,
in
the
time
of
the
Queen
that
now
is
,
taking
the
profits
thereof
,
to
the
value
,
&c.
and
in
which
and
,
&c.
and
thereof
bring
their
Suit
,
&c.
And
the
aforesaid
W.T.
Tenant
,
by
the
warranty
,
defendeth
his
Right
,
when
,
&c.
and
further
then
calls
to
warranty
C.D.
which
likewise
is
present
in
Court
,
in
proper
person
,
and
gratis
the
aforesaid
eight
Acres
of
Meadow
,
with
the
appurtenances
to
him
,
doth
warrant
,
&c.
and
upon
this
,
the
said
R.
and
W.M.
do
desire
against
the
said
Christopher
,
Tenant
to
the
warranty
,
the
aforesaid
eight
Acres
with
the
appurtenances
,
whereof
they
say
,
that
he
himself
was
seised
of
the
said
eight
Acres
of
Meadow
,
with
the
appurtenances
in
his
Demesne
as
of
Fee
,
and
Right
,
at
the
will
of
the
Lord
,
according
to
the
custome
of
the
said
Mannour
,
at
the
said
time
,
in
the
time
of
Peace
,
in
the
time
of
our
Lady
the
Queen
,
now
,
taking
the
profits
thereof
,
to
the
value
,
&c.
and
in
which
,
&c.
and
therefore
bring
their
Suit
,
&c
And
the
said
R.
and
W.M.
desire
Licence
of
talking
tother
,
and
had
it
,
&c.
and
after
the
said
R.
and
W.M.
returned
here
into
the
Court
,
to
the
same
Court
in
their
proper
persons
,
and
the
aforesaid
T.
though
he
were
solemnly
summoned
returned
not
,
but
in
contempt
of
the
Court
departed
and
made
default
,
therefore
it
is
granted
that
the
aforesaid
R.
and
W.M.
should
recover
their
Seisin
against
the
said
M.
M.
of
the
aforesaid
eight
Acres
of
Meadow
,
with
the
appurtenances
,
&c.
and
that
the
said
M.M.
should
have
of
the
Land
of
the
aforesaid
W.T.
to
the
value
,
&c.
and
that
the
said
W.T.
further
should
have
of
the
Land
of
the
aforesaid
C.D.
to
the
value
,
&c.
and
the
same
C.
in
the
mercy
,
&c.
and
upon
this
,
the
aforesaid
R.
and
W.M.
do
desire
a
Precept
to
give
to
them
full
Seisin
of
the
aforesaid
eight
Acres
of
Meadow
,
with
the
appurtenances
to
be
directed
to
an
Officer
of
the
aforesaid
Court
,
and
it
was
granted
to
them
retrunable
here
immediately
,
&c.
and
afterwards
,
tha
is
to
say
,
the
first
of
Aprill
,
came
here
into
the
Court
,
the
aforesaid
R.
and
W.
M.
in
their
proper
persons
,
and
the
Office
of
the
Court
,
that
is
to
say
,
R.W.
and
certified
the
Court
aforesaid
,
that
by
vertue
of
the
Precept
aforesaid
,
to
him
so
directed
,
the
said
first
day
of
April
,
he
made
to
have
to
the
aforesaid
R.
and
W.M.
full
seisin
of
the
aforesaid
eight
Acres
of
Meadow
,
with
the
appurtenances
,
as
by
the
Precept
aforesaid
,
he
was
commanded
,
&c.
And
after
,
that
is
to
say
,
at
the
very
same
Court
,
the
aforesaid
R.
and
W.
M.
and
the
aforesaid
W.
T.
then
beeing
present
,
came
and
surrendred
into
the
hands
of
the
Lord
,
in
the
same
Court
,
the
aforesaid
eight
Acres
of
Meadow
,
with
the
appurtenances
,
to
the
use
and
behoof
of
the
aforesaid
M.
M.
his
Heires
,
and
Assignes
,
to
whom
the
Lord
by
his
Steward
aforesaid
,
granted
then
Seisin
by
the
Rod
,
to
have
and
hold
to
him
and
his
Heirs
,
at
the
will
of
the
Lord
,
according
to
the
custome
of
the
Mannour
aforesaid
,
&c.
and
further
the
aforesaid
R.
and
W.
M.
and
W.T.
remiswed
,
released
,
and
altogether
for
them
and
their
Heirs
,
for
ever
quite
claimed
to
the
aforesaid
M:
M.
his
Heirs
,
and
Assigns
in
his
full
and
peaceable
possession
,
and
Seisin
,
appearing
in
the
full
Court
,
all
the
Right
,
Title
,
State
,
Claim
,
Interest
,
or
demands
whatsoever
,
which
they
ever
had
,
have
,
or
any
way
hereafter
may
have
,
of
,
or
in
the
aforesaid
eight
Acres
with
the
appurtenances
,
or
in
any
parcell
thereof
,
so
that
,
that
neither
the
aforesaid
R.
and
W.M.
and
W.T.
nor
their
Heirs
,
or
any
of
them
,
any
Right
,
Title
,
State
,
Claim
,
Interest
,
or
demand
,
of
or
in
the
aforesaid
eight
Acres
of
Meadow
,
with
the
Appurtenances
,
or
in
any
parcell
thereof
,
&c.
nor
ought
hereafter
,
but
from
all
Action
of
the
Law
,
Title
,
claims
,
Uses
,
Interest
,
and
demands
,
from
thence
to
be
demandded
,
are
excluded
,
and
every
of
them
is
excluded
for
ever
by
these
presents
,
and
further
the
aforesaid
W.T.
grants
for
him
an
his
Heirs
,
that
they
will
warrant
the
aforesaid
eight
Acres
of
Meadow
,
with
the
appurtenances
,
to
the
aforesaid
M.M.
and
his
Heirs
,
against
all
men
for
ever
,
&c.
4.
H.
8.
Tit.
Recovery
in
value
,
27
in
Fine
,
and
23
H.
8.
Tit.
Recovery
in
value
,
27.
Recovery
against
the
Husband
and
wife
,
where
the
wife
is
Tenant
in
Tail
,
and
they
vouch
over
,
and
the
Demandant
recovers
against
the
Husband
and
wife
,
and
they
over
in
value
,
this
seems
shall
bind
the
Tail
,
and
the
Heire
of
the
wife
.
23
H.
8.
Title
,
Tail
,
32.
Double
voucher
,
in
Entrie
in
the
Post
,
barrs
the
Tail
,
because
of
the
recompence
,
but
single
voucher
shall
not
barr
,
but
the
Estate
Tail
which
he
had
time
of
the
Recovery
in
possession
;
but
if
he
were
in
of
another
Estate
,
time
of
that
Recovery
it
is
no
Barr.
23
H.
8.
Tit.
Recovery
in
value
27.
Entrie
in
the
Post
against
Tenant
for
life
,
to
bind
the
Fee
in
Reversion
,
Tenant
ought
to
pray
aid
of
him
in
remainder
,
and
they
ought
to
vouch
.
25
H.
8.
Tit.
Recoverie
in
value
,
33.
where
Tenant
for
life
vouches
a
stranger
,
and
the
Demandant
recovers
,
and
he
over
in
value
,
this
shall
not
go
to
him
in
Reversion
,
and
shall
not
bind
him
.
27
H.
8.
Tit.
Recovery
in
value
28.
Tenant
in
Tailremainder
over
Entrie
in
the
Post
,
gainst
Tenant
in
Tail
and
he
vouches
over
,
this
is
a
recompence
,
and
shall
barr
the
remainder
.
Pleas
in
Court
Baron
.
Count
upon
Lending
.
J.
S.
complains
against
T.D.
in
a
Plea
of
Debt
,
of
thirty
Shillings
four
pence
,
for
that
,
that
is
to
say
,
&c.
and
thereof
the
same
J.S.
by
W.
T.
his
Attorney
saith
,
that
when
the
aforesaid
T.D.
tenth
day
of
February
,
the
year
of
the
Reigne
of
Elizabeth
now
Queen
of
England
twentieth
,
at
Islington
,
within
the
Jurisdiction
of
this
Court
,
borrowed
of
the
aforesaid
J.S.
the
aforesaid
thirty
shillings
four
pence
,
to
be
paid
to
the
sald
J.S.
when
he
was
required
,
notwithstanding
the
aforesaid
T.D.
though
he
hath
been
often
required
,
the
aforesaid
thirty
shillings
and
four
pence
,
hath
not
restored
it
to
the
said
J.S.
but
to
him
to
pay
them
as
yet
hath
denied
,
and
yet
doth
denie
,
upon
which
he
saith
that
he
is
damnified
,
and
hath
losse
to
the
value
of
ten
shillings
,
and
thereof
bringeth
his
Suit
.
Form
of
a
Plaint
in
a
Court
Aaron
upon
buying
of
Oyland
Madder
,
&c.
G.B.
complaineth
agrinst
R.C.
in
a
Plea
of
Debt
thirty
Shillings
four
pence
,
for
that
,
that
is
to
say
,
that
when
the
aforesaid
R.C.
eleventh
day
of
April
,
the
year
of
of
the
Lord
,
1540.
at
J.
within
the
Jurisdiction
of
this
Court
,
bought
of
the
said
G.
B.
fourteen
gallons
of
oyl
,
called
Meat
oyl
,
for
fifteen
Shillings
and
three
pence
,
one
Hundred
of
Madder
for
fifteen
shillings
&
a
penny
,
to
be
paid
to
the
said
G.B.
when
he
should
be
required
,
which
truly
in
all
doth
amount
to
the
sum
of
the
aforesaid
thirty
Shillings
four
pence
;
notwithstanding
the
aforesaid
R.C.
although
he
hath
been
often
requested
the
said
thirty
Shillings
four
pence
,
to
the
said
G.B.
hath
not
restored
,
but
that
to
him
as
yet
to
restore
,
hath
denied
,
and
yet
doth
denie
,
by
reason
whereof
,
he
is
the
worse
,
and
hath
losse
to
the
value
of
ten
Shillings
,
and
therefore
bringeth
his
suit
,
&c.
and
the
foresaid
R.G.
by
J.A.
his
Attorney
comes
and
defends
the
force
and
injury
,
when
,
&c.
and
saith
,
that
he
doth
not
owe
to
the
aforesaid
G.B.
the
aforesaid
thirty
Shillings
and
four
pence
,
nor
any
penny
thereof
,
in
Form
,
in
which
the
said
G.B.
complains
against
him
,
therefore
it
is
considered
,
that
the
said
R.C.
should
wage
his
Law
,
and
put
in
two
Sureties
for
the
Law
,
J.M.
and
R.J.
and
should
come
with
his
Law
here
,
at
the
next
Court
,
in
proper
person
,
and
it
is
said
to
the
aforesaid
Attorney
,
of
the
aforesaid
R.
T.
that
then
he
should
have
here
the
said
R.C.
his
Master
,
in
his
proper
person
,
to
finish
his
Law
aforesaid
,
&c.
Plaint
for
accusing
a
man
of
Pelony
,
and
imprisoning
him
.
T.H.
complaines
against
S.
D.
for
that
,
that
is
to
say
,
that
when
the
said
Complaint
a
true
and
faithfull
Liege-man
and
Subject
of
our
Lady
the
Queen
now
,
and
of
her
Progenitors
of
the
Kingdom
of
England
,
from
the
time
of
his
Birth
did
appear
,
alwayes
,
and
as
a
true
Liegeman
of
our
said
Lady
the
Queen
,
and
all
her
Progenitors
aforesaid
,
from
all
the
time
aforesaid
,
without
any
Crime
of
Theft
,
stealing
,
Felony
,
or
any
other
notorious
Crime
whatsoever
,
from
the
time
of
his
Birth
hitherto
,
hath
carried
,
had
,
and
kept
himself
,
and
so
with
all
honest
men
was
reputed
and
accounted
,
by
reason
of
which
name
of
Honor
,
Fame
,
and
Coversation
,
the
same
Complainant
much
and
great
gain
and
profit
to
the
maintenance
of
his
Living
did
get
and
had
:
the
foresaid
Defendant
notwithstanding
not
ignorant
of
the
Premises
,
the
eighteenth
Day
of
July
,
the
year
of
the
Reign
of
our
Lady
Elizabeth
,
the
sixth
at
J.
within
the
Jurisdiction
of
this
Court
,
out
of
his
meer
malice
,
and
ill
minde
,
threatning
and
envying
the
good
Report
,
Living
,
Degree
,
state
,
and
condition
of
the
said
Plaintiff
,
and
to
blot
it
,
and
to
bring
the
Complainant
into
an
ill
name
,
and
Danger
of
his
Life
,
as
much
as
in
him
lay
,
spoke
certain
false
,
malicious
,
and
scandalous
words
of
the
aforesaid
Complainant
,
and
did
publish
and
openly
say
,
that
T.
H.
(
meaning
the
said
Complainant
)
hath
robbed
me
of
forty
pounds
of
money
,
by
reason
of
which
scandalous
and
false
words
,
proclaiming
and
publishing
,
the
said
Plaintiff
not
onely
in
his
good
name
and
same
,
for
which
aforetime
he
was
know
and
reputed
,
with
many
honest
men
,
and
cheifly
with
J.A.
Inholder
,
greatly
hurt
and
wronged
he
did
appear
,
and
did
incurr
and
fall
into
great
Infamy
and
Discredit
with
the
said
J.
H.
and
many
other
of
the
said
Queens
now
,
faithfull
Subjects
.
Likewise
W.
G.
and
W.
C.
the
Constables
of
L.
aforesaid
,
by
reason
of
an
ill
opinion
by
them
conceived
,
by
reason
of
the
said
Scandall
against
the
foresaid
Complainant
,
published
then
by
reason
of
the
open
speaking
of
those
words
,
that
the
foresaid
Complainant
was
guilty
of
the
Felony
aforesaid
,
afterwards
,
that
is
to
say
,
the
eighteenth
Day
of
July
,
they
took
the
Complainant
,
and
imprisoned
him
in
a
Prison
of
the
said
Queens
,
called
,
&c.
Scituate
,
&c.
In
which
Prison
the
said
Plaintiff
from
the
said
eighteenth
Day
of
Iuly
,
till
the
twentieth
Day
of
the
same
Moneth
of
Iuly
for
the
cause
aforesaid
was
detained
,
which
twentieth
Day
of
Iuly
the
Plaintiff
from
the
said
Prison
to
the
Prison
,
&c.
of
the
said
Queens
in
,
&c.
Scituate
,
&c.
was
removed
,
and
then
,
and
there
imprisoned
,
and
in
prison
from
the
said
twentieth
Day
of
Iuly
,
till
the
eight
and
twenty
Day
of
the
said
Moneth
of
Iuly
,
for
the
said
cause
was
detained
so
that
the
same
Plaintiff
,
not
onely
suffered
and
sustained
great
Cost
and
Charges
by
the
occasion
of
his
Restraint
and
Imprisonment
,
but
also
lost
wholly
many
great
profits
and
gaines
,
which
of
the
said
Subjects
he
might
have
gained
for
his
maintenance
and
living
,
if
the
said
scandalous
and
malicious
words
so
openly
proclaimed
had
not
occasioned
it
,
to
the
losse
of
the
said
Plaintiff
,
&c.
three
and
thirty
shillings
and
four
pence
,
and
thereof
brings
his
Suit
,
&c.
Trespass
,
Plaint
for
walking
with
his
Feet
.
J.R.
complaineth
against
T.
B.
that
is
to
say
,
in
a
Plea
why
by
force
and
armes
,
the
Close
of
the
said
J.
R.
at
D.
he
broke
,
and
his
Grasse
to
the
value
of
five
and
thirty
shillings
and
eight
pence
,
there
late
growing
,
walking
with
his
Feet
trod
down
and
spoiled
,
and
other
Injuries
offered
to
him
,
to
the
great
losse
of
the
said
J.
R.
and
against
the
peace
of
our
Lady
the
Queen
now
,
&c.
and
whereof
the
said
J.
R.
saith
,
that
when
the
aforesaid
T.B.
the
seven
and
twentieth
Day
of
Ianuary
,
in
the
year
of
the
Reign
of
the
said
Queen
now
the
fourth
,
by
force
and
armes
the
Close
of
the
said
J.
R.
at
D.
broke
,
and
his
Grasse
to
the
value
,
&c.
there
late
growing
,
walking
with
his
Feet
,
there
trod
down
and
consumed
,
and
other
Injuries
,
&c.
to
the
great
losse
,
&c.
and
against
the
Peace
,
&c.
whereof
he
saith
,
he
is
made
worse
,
and
damnified
to
the
value
,
&c.
And
the
said
T.
in
his
proper
person
came
,
and
defended
the
force
and
Injury
,
when
,
&c.
and
saith
,
that
he
in
nothing
is
guilty
of
the
Trespasse
aforesaid
,
as
the
aforesaid
J.
above
complaines
against
him
;
and
of
this
puts
himself
upon
the
Countrey
,
the
aforesaid
Plaintiff
likewise
,
&c.
Entry
of
the
great
Cape
.
A.
Which
was
the
Wise
of
C.
J.
by
A
B.
her
Attorney
,
offered
her self
to
this
Court
against
T.
J.
of
a
Plea
of
the
third
part
of
a
House
,
and
twenty
Acres
of
Land
,
with
the
Appurtenances
in
J.
which
the
same
A.
in
this
Court
claimes
as
her
Dowry
,
of
the
Gift
of
the
aforesaid
I.
C.
in
times
past
her
Husband
,
for
that
the
Tenements
aforesaid
are
within
this
Lordship
,
and
the
Women
,
which
after
the
Death
of
their
Husbands
of
Tenements
in
J.
aforesaid
,
being
dowable
,
according
to
the
Custome
of
the
said
Mannour
time
out
of
minde
used
,
of
the
third
part
thereof
,
ought
to
be
endowed
,
&c.
and
they
came
not
,
and
summoned
,
&c.
therefore
by
the
Judgement
the
third
part
of
the
aforesaid
,
with
the
Appurtenances
,
should
be
taken
into
the
Lords
hands
,
&c.
and
day
,
&c.
they
should
be
summoned
,
that
they
be
here
at
the
next
Court
,
&c.
Precept
of
the
great
Cape
.
J.K.
Steward
to
the
Bailiff
thereof
,
health
,
take
into
the
Lords
hands
,
by
the
view
of
good
and
lawfull
men
of
this
Mannour
,
the
third
part
of
one
House
,
and
twenty
Acres
of
Land
,
with
the
Appurtenances
in
I.
which
A.
I.
this
Court
,
&c.
doth
claim
against
T.
I.
late
of
I.
as
the
Dower
of
the
said
A.
of
the
Gift
of
the
aforesaid
C.
I.
in
time
past
her
Husband
,
by
a
Writ
of
Dower
,
whereof
she
hath
nothing
,
by
the
default
of
〈◊〉
said
T.
and
the
same
taking
certifie
me
of
,
and
summon
by
good
Summoners
the
aforesaid
T.
that
he
be
here
at
the
next
Court
,
there
to
answer
,
and
to
shew
why
he
was
not
here
at
the
last
Court
,
as
he
was
summoned
,
and
have
here
the
names
of
those
by
whom
,
&c.
you
made
the
Summons
,
witnesse
,
&c
:
Entry
of
a
small
Cape
.
T.Q.
Esquire
,
and
I.
his
Wife
,
by
their
Attorney
offered
themselves
the
fourth
day
against
A.
B.
of
I.
and
A.
his
Wife
of
a
plea
of
the
third
part
of
eight
Messuages
,
and
eighty
Virges
of
Land
,
with
the
Appurtenances
in
I.
which
the
aforesaid
T.
and
I.
in
this
Court
,
claim
as
the
Dower
of
the
said
I.
of
the
Gift
of
G.
S.
in
time
past
her
Husband
,
against
them
,
and
they
did
not
come
,
and
had
from
thence
day
untill
this
day
,
that
is
to
say
,
the
tenth
day
,
&c.
after
other
they
appeared
here
in
Court
,
therefore
by
the
Judgement
the
third
part
with
the
Appurtenances
should
be
taken
into
the
hands
of
the
Lord
,
and
they
summoned
,
&c.
that
they
be
here
in
the
day
,
&c.
to
hear
their
Judgement
,
&c.
Precipe
of
Summons
upon
a
right
Patent
,
&c.
J.K.
Steward
,
to
the
Bailiff
of
the
Mannour
aforesaid
,
health
,
&c.
I.
S.
complaines
against
I.
D.
in
a
plea
of
Land
,
and
makes
Protestation
to
follow
the
Suit
,
in
the
nature
of
a
Writ
of
our
Lord
the
Kings
,
of
a
right
Patent
;
and
therefore
I
command
you
,
that
according
to
the
Custome
of
this
Mannour
,
you
shall
summon
by
good
Summonitors
the
aforesaid
I.
D.
to
be
here
at
the
next
Court
,
here
to
be
held
such
a
day
,
to
answer
in
the
Plea
aforesaid
,
and
have
there
this
Precept
,
and
how
,
&c.
dated
,
&c.
Precept
upon
Assise
of
Mortdancester
.
J.K.
Steward
to
the
Bailiff
of
the
Mannour
aforesaid
,
health
;
because
I.
S.
complaines
as
above
,
therefore
I
command
you
that
y●●
summon
by
good
Summons
,
12.
free
and
lawfull
men
Tenants
of
the
foresaid
Mannour
,
that
they
before
me
the
aforesaid
Steward
at
the
next
Court
there
to
be
held
,
that
is
to
say
,
the
Tuesday
19.
day
of
September
,
next
coming
,
at
the
hour
of
eight
before
noon
of
the
same
day
,
ready
by
their
Oath
to
know
,
if
T.
S.
Father
of
the
said
J.S.
was
seised
in
his
Demesne
as
of
Fee
,
of
two
Houses
,
and
with
the
Appurtenances
in
D.
within
the
Jurisdiction
of
this
Court
,
the
Day
that
he
died
,
and
if
he
died
within
forty
years
now
last
past
,
and
if
the
said
J.S.
be
his
next
Heir
,
and
in
the
mean
time
let
them
view
the
said
two
Houses
,
and
make
their
names
to
be
entered
,
and
summon
by
good
Summoners
the
aforesaid
J.
and
D.
which
now
hold
the
aforesaid
Houses
and
Lands
,
that
then
they
be
there
to
hear
that
Return
,
and
have
here
the
Summons
,
and
this
Precept
,
Dated
,
&c.
under
my
Seal
,
&c.
To
make
to
have
Possession
.
J.K.
Steward
,
to
the
Bailiff
thereof
health
,
know
that
A.
B.
in
the
Court
held
such
a
Day
,
by
the
consideration
of
the
said
Court
recovered
his
Seisin
against
B.
of
eight
Acres
of
Land
with
the
Appurtenances
in
J.
by
Default
of
the
aforesaid
B.
and
therefore
I
command
you
,
that
to
the
said
A.B.
you
shall
give
a
full
Seisin
of
the
Tenements
aforesaid
,
with
the
Appurtenances
,
without
delay
,
and
have
there
this
Precept
,
and
how
,
&c.
Dated
,
&c.
the
Day
,
&c.
Small
Cape
.
J.K.
Steward
to
the
Bailiff
thereof
health
,
we
command
you
that
you
take
into
the
hands
of
the
Lord
,
by
the
view
of
good
and
lawfull
men
of
this
Mannour
,
one
House
with
the
Appurtenances
,
which
A.B.
in
this
Court
claimes
as
his
right
against
B.
R.
by
Complaint
of
a
Formedon
in
Remainder
,
for
Default
of
the
said
B.
and
make
known
the
Day
of
the
taking
to
me
,
at
the
next
Court
,
and
summon
the
said
B.
R.
that
he
be
before
,
&c.
such
a
Day
,
there
to
answer
,
and
to
shew
why
he
was
not
in
this
Court
,
before
,
&c.
such
a
Day
last
past
,
as
he
was
summoned
,
and
have
there
this
Precept
,
and
how
,
&c.
Dated
,
&c.
The
Returne
of
Writs
newly
corrected
.
With
divers
other
good
Returns
,
and
many
Cases
of
the
Common
Law
to
that
added
,
very
necessary
and
profitable
,
as
well
to
young
Students
of
the
Law
,
as
to
Sheriffs
,
Coroners
,
and
others
,
which
are
to
make
Returns
of
Writs
,
for
the
better
understanding
of
the
Law
in
the
said
Returns
.
Proces
in
the
Court
Hundred
,
Court
Baron
,
&c.
Pleg
.
de
prosequendo
J.D.R.F.
THe
within
named
H.
E.
is
attached
by
Sureties
,
N.
F.
R.
D.
J.D.
Knight
,
Sheriff
.
The
within
named
J.
H.
hath
nothing
in
my
Bailiwick
,
by
which
he
may
be
attached
.
Note
that
every
Pone
is
but
a
Summons
.
By
vertue
of
this
Writ
to
me
directed
,
T.
W.
and
H.
B.
of
the
Beasts
of
the
said
T.
W.
taken
,
and
uniustly
detained
,
as
it
is
said
,
as
it
appears
in
a
certain
Schedule
to
this
Writ
annexed
,
&c.
Som.
T.
P.I.D
At
my
County
Court
held
at
N.
the
twelfth
day
of
N.
in
the
yeare
of
the
Reigne
of
the
Queen
,
now
,
&c.
H.
B.
of
a
Plea
of
taking
,
and
unjustly
detaining
of
beasts
,
and
there
are
Sureties
to
prosecute
,
and
Return
to
be
had
,
if
Return
there
be
adjudged
,
that
is
to
say
,
J.M.W.F.
In
Witnesse
whereof
I.K.K.B.C.D.G.
and
R.S.
four
lawfull
men
of
them
which
were
present
at
the
Record
,
were
present
in
the
full
Court
there
,
and
have
underneath
set
their
Seals
to
the
said
Record
,
severally
the
day
and
year
abovesaid
.
By
vertue
of
this
Writ
directed
to
me
in
my
full
County
Court
held
at
W.
in
the
County
of
W.
within
such
a
day
and
year
,
I
have
made
the
Plaint
to
be
recorded
,
W.H.T.R.
&c.
four
of
the
honest
and
lawfull
Knights
of
the
said
County
,
of
those
which
were
present
at
the
Record
,
and
to
the
parties
within
written
,
I
prefixed
that
day
,
that
they
which
are
in
that
complaint
should
prosecute
,
as
is
just
,
as
within
is
to
me
commanded
.
At
my
County
,
W.
held
at
W.
in
the
County
aforesaid
,
such
a
day
and
year
before
W.
W.H.SS.T.V
.
and
A.B.
four
suitors
of
the
Court
aforesaid
,
amongst
other
things
,
it
is
so
contained
.
R.S.
complains
against
J.M.
of
a
Plea
of
taking
,
and
unjust
detaining
his
beasts
,
against
Sureties
,
J.
D
R.F.
in
witnes
of
which
thing
,
&c.
By
vertue
of
this
Writ
to
me
directed
,
A.
B.
complains
against
C.D.
of
a
Plea
of
taking
,
and
unjustly
detaining
his
beasts
,
Pledges
.
&c.
as
before
.
By
vertue
of
this
Writ
,
I
made
the
complaint
to
be
recorded
which
is
in
my
County
,
without
the
Queens
Writ
,
between
W.H.
and
A.D.
of
the
beasts
of
the
said
W.H.
taken
and
unjustly
detained
,
as
it
is
said
,
and
I
have
that
Record
before
the
Justices
within
written
,
at
the
day
and
place
therein
contained
,
under
my
Seal
,
and
the
Seals
of
T.W.
and
four
lawfull
Knights
of
my
County
,
of
those
which
were
present
at
the
Record
,
as
it
appears
in
a
certain
Scedule
,
annexed
to
this
Writ
,
according
to
the
exigent
of
this
Writ
,
&c.
At
my
County
held
,
By
vertue
of
this
Writ
,
In
Form
within
written
,
I
came
to
the
Court
within
written
,
and
in
that
full
Court
,
I
made
the
Plaint
within
written
,
to
be
recorded
,
and
the
Record
,
as
it
appears
in
the
Scedule
annexed
to
this
Writ
,
I
have
it
before
the
Justices
within
written
,
at
the
day
and
place
within
contained
,
and
to
the
parties
within
written
,
I
have
prefixed
that
day
,
that
then
they
are
there
to
suffer
,
as
what
is
just
,
in
that
Complaint
,
as
in
the
mean
time
,
I
am
commanded
.
A.
B.
complains
of
G.D.
of
a
plea
of
taking
,
No
Court
of
within
written
J.D.
whereof
below
mention
is
made
,
By
vertue
of
the
Queens
Writ
,
By
vertue
of
the
Writ
of
our
Lady
the
Queen
to
this
Scedule
annexed
,
(
taken
with
me
four
discreet
and
lawfull
Knights
of
the
County
of
W.
)
I
came
to
the
Hundred
,
whereof
in
the
said
Writ
mention
is
made
,
held
at
B.
such
a
day
,
and
year
,
and
in
the
full
Hundred
there
,
the
Complaint
whereof
in
the
said
Writmention
is
made
,
I
would
Record
,
and
J.S.
Bailiste
there
,
and
then
in
full
Court
sitting
,
the
said
Writ
being
seen
and
heard
,
they
immediately
shut
their
books
touching
the
said
complaint
,
rose
,
and
hastning
from
that
Hundred
with
all
those
books
,
and
all
Suits
of
that
Hundred
,
then
,
and
there
appearing
,
took
them
away
with
him
,
and
abruptly
departed
,
and
the
said
Precept
of
our
said
Lady
Queen
,
specified
in
the
said
Writ
then
and
there
flatly
denyed
to
execute
,
and
the
books
aforesaid
,
a
bruptly
,
then
and
there
,
from
my
sight
,
by
force
and
Arms
,
with
violence
took
and
threw
by
,
by
which
means
I
could
not
for
present
make
execution
of
the
said
Writ
.
Pledges
to
prosecute
I.D.R.R.
The
residue
truly
of
the
executing
of
this
Writ
appears
in
a
certain
Scedule
to
this
writ
annexed
.
Summons
I.D.R.F.
By
vertue
of
this
writ
to
this
Scedule
annexed
,
The
Hundred
of
E.B.
Esquire
,
held
there
by
W.B.
his
Steward
there
,
before
J.T.
and
R.C.
&c.
Suitors
of
the
Court
of
the
hundred
aforesaid
,
the
tenth
day
of
M.
the
year
,
&c.
amongst
others
,
it
is
so
contained
.
J.S.
Gent.
complains
against
R.
G
in
a
Plea
of
uniust
taking
,
and
detaining
his
beasts
or
Chattells
.
Pledges
to
prosecute
,
and
to
have
Return
of
the
beasts
,
if
&c.
A.B.C.D.
The
names
of
foure
lawfull
men
of
the
hundred
,
of
those
which
were
present
at
the
Record
,
A.B.
C.D.
E.F.
G.H.
By
vertue
of
this
Writ
to
me
directed
in
the
form
within
written
,
I.B.
&c.
twenty
foure
good
and
lawfull
men
of
my
Bayliwick
,
of
those
which
were
present
at
the
Record
,
and
parties
&c.
as
before
.
By
vertue
of
this
Writ
to
me
directed
,
J.S.
&c.
Good
and
lawfull
Knights
of
my
County
)
I
came
to
the
Court
of
J.
D.
Esq
to
record
the
complaint
within
written
,
at
the
day
and
place
within
contained
,
as
within
I
am
commanded
,
upon
which
the
Suitors
of
the
Court
aforesaid
,
at
the
Town
of
C.
in
full
Court
to
me
the
Sherif
within
written
,
to
execute
the
said
Writ
there
,
or
to
meddle
at
all
with
the
said
complaint
,
they
altogether
denyed
,
by
reason
whereof
I
could
not
make
execution
of
the
said
Writ
.
By
vertue
of
this
Writ
,
P.M.
&c.
foure
lawfull
Knights
of
my
County
)
in
my
proper
person
,
I
came
to
the
Court
E.
held
at
N.
such
a
day
and
yeare
,
and
in
parts
of
the
said
Court
of
A.
B
,
&c.
Suitors
of
the
same
Court
,
and
R.H.
Steward
there
,
I
desired
the
Record
of
the
complaint
which
is
in
the
said
Court
,
by
a
small
Writ
of
the
Queens
of
Right
,
between
I.P.
plaintif
and
N.S.
Tenant
,
to
be
made
and
delivered
unto
me
,
which
truly
,
Steward
,
and
Suitors
there
would
not
deliver
unto
me
,
By
reason
whereof
I
could
make
no
execution
of
the
said
Writ
.
-
Process
in
common
Bench.
-
Pledges
to
prosecute
J.S.R.M.
-
Summonitors
within
written
J.S.
P.M.
R.S.
-
J.D.
Knight
Sheriff
.
-
Pledges
to
prosecute
J.D.
R.R.
The
within
named
A.B.
hath
nothing
in
my
Bailiwick
by
which
he
may
be
summoned
.
By
vertue
of
this
Writ
to
me
directed
,
T.
H.
within
named
is
a
Clark
beneficed
in
the
Bishoprick
of
London
,
having
no
lay
fee
in
my
Bayliwick
by
which
he
may
be
summoned
.
Note
that
the
Defendant
alwaies
ought
to
be
summoned
fifteen
daies
before
the
day
of
the
return
of
the
Writ
.
Pledges
to
prosecute
J.R.R.D.
J.E.
Pledges
within
named
,
J.D.
J.W.
R.R.
J.D.
within
named
is
attached
by
one
price
ten
pence
,
or
by
a
Cow
price
ten
shillings
.
J.F.
which
was
the
wife
of
D.C.
The
within
named
A.B.
is
attached
by
a
hundred
sheep
,
price
20.
l.
The
within
named
C.D.
and
E.F.
have
nothing
in
my
Bailiwick
by
which
they
may
be
attached
.
The
within
named
J.S.
The
within
named
J.S.
and
J.H.
nor
either
of
them
,
is
to
be
found
in
my
Bayliwick
.
I.S.
In
this
Writ
may
be
returned
diverse
returns
,
and
in
diverse
manners
,
that
is
,
if
the
Sherif
wil
not
serve
the
writ
,
or
if
he
will
not
execute
the
Writ
,
then
so
.
A.S.
within
written
is
not
to
be
found
in
my
Bailiwick
,
By
vertue
of
this
Writ
,
I
have
taken
J.W.
within
written
,
whose
body
before
the
Justices
within
written
,
at
the
day
and
place
within
contained
,
I
have
ready
,
as
the
writ
commands
and
requires
,
&c.
The
within
written
J.W.
is
taken
by
his
body
,
By
vertue
of
this
writ
to
me
directed
,
The
within
written
J.S.
R.S.
within
named
is
not
to
be
found
in
my
Bayliwick
,
and
that
to
take
R.S.
within
named
I
commanded
I.
F
Bailif
of
the
Liberty
of
S.
that
hath
the
full
return
of
al
Writs
and
Executions
thereof
,
to
whom
the
Executing
of
this
Writ
altogether
belongeth
to
be
done
,
in
which
liberty
no
execution
of
this
Writ
,
there
by
me
can
be
made
,
which
truly
Bailif
so
answereth
me
,
That
he
hath
taken
the
Body
of
the
aforesaid
R.S.
Whose
Body
aforesaid
before
the
Justices
of
our
Lady
the
Queen
within
written
,
at
the
day
and
place
therein
contained
,
he
shall
have
ready
,
or
so
,
which
truly
Bailiff
hath
given
me
no
answer
.
J.D.
Before
the
comming
of
this
Writ
to
me
directed
J.S.
Peters
in
Westminster
,
in
the
County
of
Middlesex
,
and
in
the
same
County
yet
continues
,
by
which
the
Body
of
the
aforesaid
J.
S.
before
the
Justices
within
written
,
at
the
day
and
place
within
specified
,
I
cannot
have
,
as
,
&c.
By
vertue
,
Afterward
,
By
vertue
,
And
if
the
Defendant
which
is
so
taken
,
be
sick
in
Prison
,
or
if
the
Sheriff
will
be
at
no
cost
,
to
remove
him
to
Westminster
before
the
Justice
,
saccording
to
the
contents
of
the
Writ
,
then
so
.
By
vertue
of
this
Writ
A.B.
By
vertue
of
this
Writ
to
me
directed
,
Which
truly
J.
is
so
vexed
with
divers
infirmities
,
R.D.
within
named
was
taken
by
J.
C.
Constable
of
the
Town
of
D.
at
T.
in
the
County
of
D.
Whose
Body
I
have
ready
before
you
at
the
Day
and
Place
within
contained
,
By
vertue
of
this
Writ
I
certifie
you
,
that
after
this
Writ
was
delivered
to
me
to
take
R.T.
and
other
Defendants
in
this
Writ
specified
,
the
same
K.
and
others
within
named
,
brought
to
me
a
Writ
of
our
Lady
the
Queens
,
of
Supersedeas
,
which
is
fastened
to
this
Writ
,
by
vertue
of
which
Supersedeas
,
not
at
all
,
&c.
By
verrue
of
this
Writ
to
me
directed
,
And
if
upon
this
Writ
there
be
sent
another
Writ
which
is
called
a
Habeas
Corpus
,
then
thus
.
To
have
his
Body
,
and
the
Body
with
the
Cause
.
By
vertue
of
this
Writ
I
certifie
you
,
that
before
the
coming
of
this
Writ
,
And
in
these
Writs
there
are
divers
manners
of
Returns
,
and
divers
of
them
are
so
.
By
vertue
of
this
Writ
I
certifie
you
,
that
before
the
comming
of
this
Writ
,
W.
B.
within
named
was
taken
in
another
place
,
and
committed
to
the
Queens
Prison
of
W.
By
vertue
of
which
other
Writ
to
me
first
directed
,
the
Transcipt
whereof
is
sent
to
you
,
fastened
to
this
Writ
,
notwithstanding
the
Body
of
the
said
W.
I
have
ready
to
come
before
you
,
at
the
day
and
place
within
named
,
as
within
it
is
commanded
me
,
&c.
We
Sheriffs
aforesaid
signifie
unto
you
,
J.
F.
of
T.
in
the
said
Writ
nominated
,
was
taken
in
such
a
place
,
and
committed
to
our
Lady
the
Queens
Prison
of
W.
for
twenty
pounds
of
Damages
T.
C.
of
N.
in
a
Plea
of
Trespasse
in
the
Queens
Court
,
in
the
said
City
of
E.
before
us
,
the
said
Sheriffs
held
,
and
adiudged
,
and
likewise
the
said
J.
is
detained
in
Prison
aforesaid
,
at
the
the
Suit
of
W.S.
in
a
Plea
of
Trespasse
before
us
the
said
Sheriffs
in
the
Court
aforesaid
,
had
and
prosecuted
,
yet
his
Body
,
&c.
as
in
the
next
Return
before
,
&c.
By
vertue
of
this
Writ
I
signifie
to
you
,
that
before
the
coming
of
this
Writ
of
our
Lady
the
Queens
,
By
vertue
,
A.
W.
within
named
,
by
the
Ecclesiastical
Censure
in
the
Church
of
N.
such
a
day
and
year
,
&c.
for
his
Contempt
,
and
such
like
is
excommunicated
;
and
the
said
A.
by
the
Ordinaries
of
the
Church
of
Saint
Martins
,
Justices
in
the
Premises
,
as
yet
stands
in
the
same
Church
excommunicated
,
and
this
is
the
cause
of
the
taking
and
imprisoning
the
aforesaid
A.
notwithstanding
the
Body
of
the
said
A.
W.
before
our
Lady
the
Queen
,
at
the
day
and
place
within
contained
,
wheresoever
she
is
,
I
have
him
ready
,
as
,
&c.
Before
the
coming
of
this
Writ
,
C.D.
C.
D.
before
you
at
the
day
and
place
within
contained
,
I
have
ready
,
as
within
is
commanded
.
B.
W.
was
taken
at
D.
in
the
County
of
E.
by
H.S.
T.
F.
and
before
the
said
Steward
at
a
Hundred
held
,
&c.
was
indicted
for
the
death
of
J.
T.
by
the
aforesaid
B.
slain
,
and
by
the
aforesaid
Steward
was
sent
the
Queens
Prisoner
to
R.
which
truly
Indictment
remains
,
with
the
aforesaid
Steward
,
notwithanding
the
Body
of
the
said
B.
before
our
Lady
the
Queen
in
her
Chancery
,
at
the
day
in
that
contained
,
wheresoever
he
be
,
&c.
I
have
ready
,
as
that
Writ
in
that
commands
and
requires
,
&c.
Here
follow
divers
Causes
,
upon
Returnes
of
this
Writ
of
Corpus
cum
causa
,
to
be
brought
in
,
&c.
If
it
were
necessary
,
the
cause
of
keeping
and
detaining
A.
of
B.
within
written
here
follows
.
A.
of
B.
is
taken
for
suspition
of
Theivery
,
W.
D.
within
written
was
taken
before
the
coming
of
this
Writ
in
such
a
place
,
The
within
named
J.
C.
A.
P.S.
R.T.
and
their
Fellows
,
Justices
of
the
Queens
,
of
the
Peace
in
such
a
Liberty
,
or
in
the
County
to
be
kept
,
and
after
by
the
command
of
the
said
Justices
to
me
late
directed
,
the
same
A.
was
taken
at
D.
and
for
the
cause
aforesaid
,
was
committed
to
the
Queens
Prison
of
W.
notwithstanding
,
&c.
By
vertue
of
this
Writ
,
D.
P.
long
before
the
coming
of
this
Writ
,
and
committed
to
the
Prison
of
our
Lady
the
queen
,
of
B.
because
he
could
not
finde
sufficient
Sureties
to
keep
the
Peace
toward
the
said
D.
and
for
this
cause
,
and
no
other
,
is
kept
in
the
said
Prison
,
notwithstanding
,
&c.
Otherwise
it
may
be
said
,
Before
the
coming
of
this
Writ
by
vertue
of
a
certain
other
Writ
called
a
Capias
utlagatum
,
C.
D.
within
named
,
and
committed
him
to
our
Lady
the
Queens
Prison
of
C.
and
there
in
the
same
Prison
he
is
kept
for
the
cause
aforesaid
,
notwithstanding
his
Body
,
&c.
Before
the
coming
of
this
Writ
,
A.
H.
S.
Auditors
of
the
Accounts
of
W.
of
B.
to
me
by
Indenture
delivered
,
to
keep
the
Body
of
R.
S.
within
written
,
safely
and
securely
,
till
he
should
satisfie
W.
B.
of
two
hundred
pounds
behinde
,
upon
the
end
of
the
Account
of
R.S.
found
before
the
said
Auditors
,
&c.
and
this
is
the
cause
of
the
taking
and
detaining
the
said
R.
S.
notwithstanding
the
Body
,
&c.
Many
wayes
one
may
be
said
to
be
taken
and
detained
for
ten
pounds
against
him
recovered
in
such
a
Court
,
The
within
named
R.
V.
was
taken
at
D.
R.
V.
in
my
Bailiwick
I
could
finde
.
The
execution
of
this
Writ
doth
appear
in
a
certain
Schedule
to
this
Writ
annexed
.
By
vertue
of
our
Lady
the
Queens
Writ
to
me
directed
,
and
to
this
Schedule
annexed
,
I
have
made
a
certain
Warrant
of
mine
to
one
J.M.
my
travelling
Bailiff
,
to
take
and
arrest
E.G.
in
the
said
Writ
nominated
,
according
to
the
exigent
of
the
said
Writ
,
which
said
Bailiff
of
mine
,
by
vertue
of
my
Warrant
aforesaid
,
the
9.
day
of
J.
the
year
of
the
Reign
of
our
Lady
Elizabeth
Queen
,
within
written
,
the
twentieth
at
D.
in
the
County
aforesaid
,
took
and
arrested
the
Body
of
the
said
E.G.
and
then
and
there
the
said
E.
G.
was
in
his
Custody
,
upon
which
F.
G.
of
D.
aforesaid
,
in
the
County
aforesaid
,
Gentleman
,
and
T.
M.
of
the
said
Town
and
County
,
Gentleman
,
then
and
there
by
force
and
armes
,
&c.
made
an
Assault
upon
my
aforesaid
Bailiff
,
and
my
said
Bailiff
,
then
and
there
,
against
the
Law
and
Custome
of
the
Realm
of
the
said
Lady
Queen
of
England
,
and
against
the
will
of
the
said
Bailiff
of
mine
,
imprisoned
him
,
and
the
same
Bailiff
of
mine
in
Prison
there
,
by
the
space
of
an
hour
then
detained
,
and
twenty
pence
in
told
Money
,
of
the
Goods
,
Chattels
and
Moneys
of
my
said
Bailiffs
,
then
and
there
the
aforesaid
T.
M.
took
,
and
the
aforesaid
E.
by
force
and
armes
aforesaid
,
then
and
there
out
of
the
Custody
of
my
said
Bailiff
,
took
and
rescued
,
and
also
the
same
E.
her self
,
then
and
there
out
of
the
Custody
of
my
said
Bailiff
rescued
,
against
the
will
of
my
said
Bailiff
,
and
against
the
Peace
of
our
Lady
the
Queen
now
,
&c.
and
after
the
said
E.
is
not
found
in
my
Bailiwick
.
By
vertue
of
this
Writ
to
me
directed
,
R.
P.
my
Bailiff
,
this
torn
riding
,
to
take
and
arrest
the
within
named
T.
L.
according
to
the
exigent
of
this
Writ
,
which
truly
R.
P.
by
vertue
of
the
Warrant
aforesaid
,
after
,
that
is
to
say
,
second
Day
of
May
,
the
year
of
the
Reign
of
our
Lady
the
Queen
within
written
,
twentieth
at
B.
in
the
County
aforesaid
,
took
the
Body
of
the
within
named
T.
L.
of
B.
aforesaid
,
in
the
aforesaid
County
of
F.
which
truly
T.
the
Day
,
Year
,
and
Place
aforesaid
,
by
force
and
armes
made
an
Assault
upon
R.
P.
my
aforesaid
Bailiff
,
and
bear
him
,
wounded
him
,
and
abused
him
,
so
that
they
dispared
of
his
life
,
the
same
T.
then
and
there
out
of
the
Custody
of
my
aforesaid
Bailiff
,
and
against
his
will
departed
,
escaped
,
and
rescued
himself
,
against
the
Peace
of
our
Lady
the
Queen
now
,
&c.
and
after
the
said
T.
L.
is
not
found
in
my
Bailiwick
.
By
vertue
of
this
Writ
.
W.
A.
the
Bailiff
of
the
Hundred
of
H.
which
answereth
me
so
,
that
where
he
by
vertue
of
the
Warrant
aforesaid
,
tenth
Day
of
S.
the
year
of
the
Reign
of
our
Lady
the
Queen
within
written
,
the
twentieth
at
C.
took
one
J.
S.
and
her
to
the
Castle
of
our
Lady
the
Queen
,
of
W.
would
have
lead
,
there
to
be
safely
kept
,
thither
came
certain
J.
T.
R.
S.
with
many
others
unknown
,
with
force
and
armes
,
arrayed
in
warlike
manner
,
and
out
of
the
Custody
of
my
said
Bailiff
at
the
said
W.
the
aforesaid
J.
took
and
carried
away
,
and
so
for
fear
of
his
Death
,
suffered
the
said
J.
S.
to
escape
,
and
for
that
cause
the
Body
of
J.
S.
aforesaid
,
before
our
Lady
the
Queen
,
at
the
Day
and
Place
within
contained
,
wheresoever
,
&c.
I
cannot
have
him
,
as
within
is
commanded
me
,
and
further
I
certifie
you
,
that
after
the
said
tenth
Day
,
&c.
J.
S.
was
not
found
in
my
Bailiwick
.
By
vertue
of
this
Writ
,
I
J.
H.
Knight
,
Sherif
,
R.
F.
to
make
satisfaction
to
the
within
named
W.
P.
of
Debt
and
Damages
within
specified
,
as
within
I
am
commanded
,
by
vertue
of
which
Warrant
,
the
said
J.
B.
and
P.
D.
Bailiffs
,
such
a
Day
and
Year
at
H.
in
the
County
aforesaid
,
arrested
the
foresaid
R.
F.
as
by
that
Warrant
they
were
commanded
;
and
the
said
R.
F.
and
one
G.
F.
of
G.
in
the
County
aforesaid
,
with
others
unknown
,
by
force
and
armes
,
that
is
,
with
Swords
,
Staves
,
&c.
upon
the
said
J.
B.
and
P.
D.
the
same
Day
and
Year
at
H.
in
the
County
aforesaid
,
made
an
Assault
,
and
them
abused
,
and
then
and
there
made
a
Rescous
,
by
reason
of
which
Rescous
,
the
same
R.
F.
from
that
Custody
then
and
there
contrary
to
the
Arrest
aforesaid
,
himself
rescued
,
departed
,
and
escaped
;
therefore
the
said
R.
F.
at
the
Day
and
Place
within
contained
I
could
not
have
;
and
further
I
certifie
you
,
that
after
that
Day
the
aforesaid
R.
F.
was
not
found
in
my
Bailiwick
.
By
vertue
of
this
Writ
,
The
aforesaid
J.
C.
late
of
B.
aforesaid
,
in
the
County
of
H.
at
B.
aforesaid
,
in
the
County
aforesaid
,
upon
T.C.
my
Bailiffe
made
an
Assault
,
and
from
the
same
Bailiffe
,
then
,
and
there
,
flew
,
escaped
,
and
rescued
himself
,
and
after
the
same
J.
in
my
Bailiwick
,
I
could
not
find
.
By
vertue
of
this
Writ
,
Pledges
to
prosecute
,
and
to
have
a
Return
thereof
,
if
Return
thereof
be
adjudged
,
E.D.R.F.
By
wertue
,
&c.
I
have
made
a
Replevin
to
R.
of
the
beasts
within
named
,
Before
the
coming
of
this
Writ
,
the
beasts
,
and
chattells
,
No
Writ
of
replevin
of
the
beasts
within
written
besides
this
,
was
ever
delivered
to
my
hands
,
and
further
I
certifie
our
Lady
the
Queen
,
that
before
the
coming
of
this
Writ
,
the
aforesaid
beasts
were
driven
farre
off
,
and
conveyed
to
places
unknown
to
me
by
the
said
J.T.
that
I
can
by
no
means
replevie
them
for
the
said
W.
as
within
I
am
commanded
.
Before
the
coming
of
the
beasts
within
written
were
driven
far
off
,
By
vertue
,
&c.
(
such
a
Day
,
And
the
within
named
T.
and
R.
are
attached
,
by
a
hundred
sheep
,
price
,
6
pounds
,
by
T.
F.
Bailifte
,
by
the
Plea
of
J.T.
R.M.
and
the
within
named
R.
B.
is
attached
by
my
said
Bailiffe
,
by
three
Kine
,
price
,
three
pounds
,
by
the
Plea
of
the
aforesaid
J.
T.
and
R.M.
and
no
other
command
of
our
Lady
Queen
,
besides
this
Writ
of
the
beasts
aforesaid
,
to
be
replevied
,
before
the
coming
of
this
writ
,
was
ever
delivered
to
me
.
By
vertue
&c.
I
certifie
our
Lady
the
Queen
,
Before
the
coming
of
this
writ
,
Pledges
to
prosecute
,
and
having
Return
,
&c.
J.
D.
R.R.
By
vertue
,
&c.
I
W.
A.
By
vertue
of
this
,
Pluris
Repleg
.
the
aforesaid
J.
came
to
my
hand
,
neither
was
it
delivered
to
me
,
nevertheless
,
I
do
further
certifie
the
Justices
of
our
said
Lady
the
Queen
,
that
forthwith
after
the
receit
of
the
said
Writ
,
I
came
to
the
aforesaid
W.S.
to
make
replevin
of
the
aforesaid
J.
which
the
said
W.
would
not
shew
me
,
but
the
aforesaid
J.
before
the
coming
of
this
Writ
,
had
conveyed
to
places
unknown
to
me
:
And
after
the
receit
of
the
said
Writ
,
the
said
I.
was
not
to
be
found
in
my
Bailiwick
,
so
that
I
could
make
no
Replevin
of
the
said
I.
by
any
meanes
according
to
the
command
of
this
Writ
,
as
within
I
am
commanded
.
No
other
Writ
besides
that
of
Repleving
the
within
named
D.G.
to
my
hands
as
yet
came
.
By
vertue
,
Condition
,
H.
P.
taken
,
and
by
reason
of
a
certain
Replevin
,
by
the
aforesaid
Sheriffe
,
made
to
the
aforesaid
A.B.
and
C.D.
Repleg
.
if
Return
thereof
should
be
adjudged
,
and
the
said
Sheriffe
and
his
Executors
,
saved
harmlesse
,
that
then
,
&c.
The
within
written
J.H.
By
vertue
,
&c.
I
have
taken
two
brasen
Pots
,
T.
H.
in
the
writ
nominated
,
in
Withernam
,
and
I
have
caused
them
to
be
delivered
to
W.F.
to
hold
to
the
said
W.F.
till
the
said
I.H.
the
Chattells
of
the
aforesaid
W.F.
he
do
deliver
,
as
this
Writ
,
&c.
By
vertue
,
Where
the
beasts
aforesaid
lie
,
By
vertue
of
this
writ
I
have
taken
two
cowes
,
and
two
Steeres
of
the
beasts
of
the
within
named
R.D.
and
two
cowes
and
two
Steeres
of
the
beasts
of
T.L.
which
I
caused
to
be
delivered
to
I.C.
within
named
to
be
safe
and
secuerly
kept
,
untill
the
other
Beasts
of
the
within
named
I.C.
First
taken
and
conveyed
to
places
unknown
to
me
,
I
can
deliver
,
as
within
I
am
commanded
.
By
vertue
of
this
Writ
to
me
directed
,
By
vertue
of
this
Writ
to
me
directed
,
I.
E.
Esq
late
Sheriff
of
the
County
within
written
,
my
next
Predecessor
in
his
going
out
of
his
Office
,
as
afore
in
the
back
of
this
Writ
.
And
at
my
county
Court
,
&c.
as
before
.
That
Writ
so
above
indorsed
,
M.
D.
Knight
,
late
Sheriff
of
the
County
aforesaid
,
my
next
Predecessor
.
By
vertue
,
T.
C.
was
the
fifth
time
called
,
and
did
not
appear
,
and
for
want
of
W.
B.
and
R.
C.
Coroners
of
the
foresaid
County
,
I
could
not
further
prosecute
.
By
vertue
,
&c.
and
at
my
County
Court
,
&c.
and
because
there
were
not
more
County
Courts
held
in
the
County
aforesaid
,
from
the
Day
of
the
Receit
of
this
Writ
aforesaid
,
till
the
Day
of
the
Return
of
the
same
,
by
which
nothing
is
done
for
present
,
or
so
;
and
therefore
in
the
executing
of
this
Writ
,
what
is
further
to
be
done
,
nothing
is
done
.
There
are
joyned
to
them
four
County
Courts
,
J.
B.
within
named
was
called
,
and
appeared
not
;
and
further
,
by
vertue
of
this
Writ
,
at
my
County
Court
,
held
at
W.
in
the
County
of
W.
within
written
,
the
eight
Day
of
September
,
the
Year
,
&c.
the
within
written
twentieth
,
the
said
J.
B.
was
the
fifth
time
called
,
and
appeared
not
,
therefore
by
the
Judgement
of
the
Coroners
,
&c.
and
if
it
be
a
Woman
it
shall
be
so
.
Therefore
according
to
the
Law
and
Custome
aforesaid
,
A.
R.
Waiviata
est
.
By
vertue
,
&c.
and
at
my
County
Court
aforesaid
,
held
there
the
Tuesday
,
that
is
to
say
,
the
twentieth
Day
of
A.
the
said
Year
the
twentieth
of
our
Lady
the
Queen
within
written
,
the
aforesaid
A.
R.
the
fourth
time
was
called
and
appeared
,
and
brought
to
me
a
Writ
of
our
Lady
the
Queen
,
of
Supersedeas
,
which
is
fastened
to
this
Writ
,
by
which
,
to
the
executing
of
this
Writ
you
shall
altogether
seise
,
or
so
.
As
in
the
foresaid
Writ
of
our
Lady
the
Queens
,
of
Supersedeas
,
I
am
commanded
.
By
vertue
,
&c.
and
at
my
County
Court
,
And
further
at
my
County
Court
held
,
By
vertue
,
J.
H.
R.S.
I.
C
and
all
other
Defendants
following
in
this
Writ
nominated
,
besides
J.
H.
which
brought
me
a
Writ
of
our
Lady
the
queens
,
of
Supersedeas
,
therefore
to
him
,
to
make
further
prosecution
I
altogether
desist
,
as
in
the
said
Writ
of
Supersedeas
I
am
commanded
.
And
besides
R.S.
which
yeilded
himself
to
the
Prison
of
our
Lady
the
queen
of
F.
within
the
County
of
W.
whose
Body
before
the
Justices
,
I.
C.
is
waived
in
presence
of
F.
W.
and
I.
C.
Coroners
of
the
said
queen
,
As
to
the
Exigent
,
taking
,
out-Lawing
,
By
vertue
,
&c.
I.
B.
and
the
other
Defendants
within
named
were
the
second
time
called
,
J.
B.
before
the
Justices
within
written
,
for
the
present
,
I
cannot
have
,
according
to
the
form
of
this
Writ
,
and
the
within
named
J.
P.
and
R.
R.
being
the
fifth
time
called
did
not
appear
,
and
because
at
none
of
the
County
.
Courts
they
appeared
,
the
foresaid
I.
P.
and
J.
R.
according
to
the
Law
and
Custome
of
the
Kingdome
of
England
are
outlawed
,
and
either
of
them
is
outlawed
,
as
this
Writ
in
it self
challengeth
and
requireth
.
At
the
County
Court
,
&c.
first
,
second
,
third
,
fourth
,
he
was
called
,
and
appeared
,
and
yeilded
himself
to
the
Prison
of
our
Lady
the
queen
of
C.
where
he
is
so
sick
,
that
for
Danger
of
Death
,
him
before
the
Justices
within
written
,
at
the
Day
and
Place
therein
contained
,
I
cannot
have
.
By
vertue
of
this
Writ
to
me
directed
at
my
County
Court
of
W.
held
at
W.
in
the
the
County
of
W.
within
written
,
the
Tuesday
the
twentieth
day
of
M.
the
yeare
of
the
Reigne
of
our
Lady
the
queen
within
written
,
the
one
and
twentieth
,
I
made
to
be
proclaimed
,
and
at
my
County
Court
of
W.
held
at
W.
aforesaid
,
in
the
said
County
of
W.
the
twentieth
day
of
M.
aforesaid
,
the
twentieth
year
of
our
Lady
the
Queen
,
within
written
,
the
second
time
I
made
it
be
proclaimed
,
and
also
at
the
Generall
Sessions
of
the
Peace
held
at
W.
in
the
said
County
of
W.
in
the
parts
of
M.
within
written
,
upon
Thursday
,
that
is
,
the
twelfth
of
September
aforesaid
,
the
twentieth
year
of
our
Lady
the
Queen
,
within
written
,
publickly
I
made
to
be
proclaimed
,
that
J.
C.
and
all
the
rest
of
the
Defendants
within
named
,
should
yeild
themselves
to
the
within
named
Sheriffes
in
L.
so
that
the
same
Sheriffes
may
have
their
bodies
before
the
Iustices
within
written
,
at
the
day
and
place
within
contained
,
as
this
Writ
in
it self
,
commandeth
and
requireth
.
W.H.
Defendant
within
named
was
not
found
in
my
Bailiwick
,
after
the
receit
of
this
writ
,
and
for
that
,
The
within
nominated
J.
B.
hath
nothing
in
my
bailiwick
by
which
he
may
be
attached
.
By
vertue
of
this
writ
to
me
directed
,
I
caused
to
come
before
our
Lady
the
Queen
at
Westminster
at
the
day
within
contained
I.B.
as
within
I
am
commanded
.
I.
F.
within
named
,
hath
nothing
in
my
bailiwick
,
by
which
I
can
make
him
come
,
neither
is
he
to
be
found
in
the
same
.
Note
that
in
the
Venire
facias
,
no
Issues
shall
be
returned
,
but
in
Habeas
corpora
and
distrings
.
The
Issues
of
every
one
of
them
five
shillings
,
and
that
is
by
the
Statute
of
,
35.
of
M.
8.
chap.
6
And
also
in
every
writ
where
the
clause
(
if
A.
shall
secure
you
of
prosecuting
his
claim
,
it
shall
be
expressed
,
the
Sheriffe
may
delay
the
Plaint
by
this
Return
to
say
.
The
within
named
I.B.
hath
not
found
me
Pledges
to
prosecute
this
Writ
;
therefore
to
the
executing
of
the
same
,
nothing
by
me
is
done
.
The
Execution
of
this
Writ
doth
appear
in
a
certain
Pannell
fastened
to
this
Writ
,
and
sometimes
in
the
Pannell
thus
.
The
Iurors
between
R.T.
the
Plaintiffe
,
and
W.F.
Defendant
in
a
Plea
of
Trespasse
,
and
then
write
the
names
of
the
Iury
,
twenty
four
,
A
B.
C.
&c.
and
under
write
this
.
Every
one
of
the
Iurors
aforesaid
by
himself
severally
is
attached
by
Pledges
,
I.D.R.R.
but
in
Distresse
.
The
Issues
of
every
one
of
them
five
Shillings
.
And
note
that
in
the
first
Venire
facias
of
the
Iurors
,
it
is
not
very
materiall
to
put
in
Manucaptors
,
for
that
you
will
make
(
by
this
mainprise
)
the
Iurors
to
loose
Issues
in
the
Kings
Court
,
which
is
not
required
at
the
first
time
.
The
execution
of
this
Writ
doth
appear
in
a
certain
Pannell
fastened
to
this
writ
.
The
Iurors
between
A.B.
the
Plaintiffe
,
and
C.D.
the
Defendant
of
a
Plea
of
Debt
,
A.
B.
&c.
Every
one
of
the
Iurors
aforesaid
by
himself
severally
is
secured
by
T.
D.R
R.
And
in
this
writ
you
need
not
return
Issues
,
nor
in
decem
or
octo
tales
,
nor
you
ought
to
return
(
Manucaptors
)
which
note
,
notwithstanding
,
it
is
used
in
divers
parts
of
England
,
though
void
.
Also
the
Sherif
may
return
(
Tarde
)
upon
a
distringas
,
and
upon
the
(
Decem
tales
)
as
it
appears
in
these
following
,
and
then
the
Iurors
shall
not
lose
Issues
,
which
note
.
For
the
distraining
of
John
M.
and
other
Iurors
within
named
,
Decem
tales
,
or
Octo
tales
(
as
it
apppears
in
these
following
,
as
in
this
writ
I
am
commanded
,
&c.
A.
B.
C.
D.
E.
F
&c.
But
as
to
ten
,
as
well
Knighs
,
as
other
honest
and
lawfull
men
,
of
the
view
within
contained
,
to
be
put
among
the
Iurors
within
contained
,
the
execution
of
this
writ
doth
appear
in
a
certain
Scedule
fastened
to
this
writ
.
Pledges
to
prosecute
J.D.R.R.
Manucaptors
of
the
Summoners
aforesaid
,
and
of
every
of
them
,
N
P.
I.C.I.D.R.R.
The
residue
of
the
Execution
of
this
Writ
doth
appear
in
a
certain
Pannell
to
this
Writ
annexed
.
The
names
of
twenty
four
Knights
,
Summonitors
of
the
aforesaid
Iury
,
and
of
either
of
them
,
I.D.E.C.
Manucaptors
of
the
Summonitors
aforesaid
,
and
of
either
of
them
,
I.P.R.C.F.D.E.G.
The
names
of
the
Iurie
of
the
first
Inquisition
(
whereof
in
the
writ
to
this
Sceduled
annexed
)
makes
mention
of
I.D.B.C.
to
the
number
of
twelve
.
Summoners
of
the
Jnry
of
the
first
inquisition
,
and
of
each
of
them
,
I.
D.R.R.
Manucaptors
of
the
Summoners
aforesaid
;
Pledges
to
prosecute
I.E.R.R.
The
within
named
W.B.
is
summoned
by
A.H.R.P.
Manucaptors
of
the
Summoners
aforesaid
,
and
of
each
of
them
,
I.H.R.D.
The
residue
of
the
execution
of
this
writ
doth
appear
in
certain
Pannells
fastened
to
this
writ
.
The
names
of
twenty
four
Knights
between
R.F.
Plaintiffe
,
and
T.S.
Defendant
,
Every
one
of
the
Knights
aforesaid
,
severally
by
himself
is
summoned
by
I
D.R.R.
Of
which
every
one
severally
by
himself
is
manucapted
by
I.B.C.D.E.F.G.H.
The
names
of
of
the
Jurors
of
the
first
inquisition
,
A.B.
C.D.
to
the
number
of
twelve
.
Every
one
of
the
Jury
aforesaid
,
of
the
first
inquisition
,
severally
by
himself
is
attached
,
and
manucapted
by
Plaintiffe
I.D.R.F.
The
names
of
the
Iurors
of
standers
by
,
of
new
put
in
,
The
names
of
the
Iurors
,
of
standers
by
,
of
new
impannelled
,
and
returned
by
the
command
of
the
Justices
,
at
the
request
of
the
Plaintiffe
,
for
defect
of
the
Jurors
above
nominated
,
not
appearing
according
to
the
Form
of
the
Statute
,
late
for
that
provided
,
A.B.
&c.
The
Manucaptors
bolow
named
,
J.F.J.D.R.R.
Issues
three
Shillings
four
pence
.
J.F.
within
named
hath
nothing
in
my
Bailiwick
,
by
which
,
nor
where
he
may
be
distrained
.
T.D.
40
d.
A.R.
40
d.
&c.
are
distrained
,
and
each
of
them
is
distrained
by
Land
,
and
his
Chattells
,
according
to
the
Form
of
this
writ
,
whereof
the
Issues
,
as
appear
above
upon
their
heads
and
they
are
manucapted
,
and
each
of
them
,
i●
manucapted
by
himself
,
that
is
by
,
I.D.I.S.
and
P.H.
that
they
be
and
each
of
them
be
,
at
the
day
and
place
within
written
,
according
to
the
Tenor
of
this
Writ
,
&c.
A.
40
d
:
which
was
the
Wife
of
B.
within
written
,
R.
R.
40
d.
another
Executor
of
the
will
aforefaid
T.S.
40
d.
the
third
Executor
of
the
will
of
the
foresaid
B.
are
distrained
,
and
each
of
them
by
himself
is
distrained
,
according
to
the
form
of
this
Writ
,
from
whence
the
Issues
,
as
it
appears
upon
their
heads
,
and
each
of
them
is
manucapted
by
himself
,
that
is
by
four
Manucaptors
,
by
name
A.B.
&c.
And
there
are
no
more
Executors
of
the
will
of
the
said
B.
nor
heires
of
him
,
or
of
Lands
or
Tenements
which
were
his
in
the
County
of
W.
as
by
any
means
for
the
present
can
appeare
unto
me
.
Pledges
to
prosecute
J.D.R.R.
A.B.
within
named
hath
nothing
in
my
bailiwick
but
the
Issue
first
by
me
forfeited
,
Favor
of
the
Sheref
upon
the
2.
or
3.
Distring
.
Against
a
Clark
.
by
which
nor
where
he
may
be
distrained
,
as
to
me
by
any
means
can
appeare
for
this
present
.
W.D.
Arch
Deacon
of
R.
hath
nothing
in
my
bailiwick
of
lay
fee
,
by
which
nor
where
he
can
be
Distrained
,
Warned
,
or
Attached
,
by
any
means
at
present
,
as
to
me
can
appeare
.
That
I
should
distrain
the
within
written
A.B.
to
be
before
the
Justices
within
named
,
To
the
Distraining
of
R.L.
and
all
other
the
Jurors
within
written
to
be
before
the
Iustices
within
named
at
the
day
and
place
therein
contained
:
Decem
tales
,
the
execution
thereof
,
doth
appeare
in
a
certain
Pannell
fastned
to
this
writ
.
The
Manucaptors
within
named
,
J.S.W.P.I.D.
His
Issue
half
a
Mark.
The
summoners
of
the
within
named
R.
and
E.
his
wife
W.F.R.P.
And
so
of
all
other
actions
reall
,
if
the
Defendants
be
sufficient
.
The
Execution
of
this
writ
doth
appeare
in
a
certain
inquisition
to
this
writ
annexed
.
By
vertue
of
a
writ
of
our
Lady
the
queen
to
me
directed
,
I
J.D.
Knight
,
Sheriff
of
the
County
aforesaid
twentieth
day
of
A.
year
20.
&c.
taking
with
me
J.S.
&c.
twelve
free
and
lawful
men
of
my
County
,
and
of
the
view
within
written
in
the
presence
of
H.F.
in
the
writ
aforesaid
nominated
,
in
my
proper
person
,
I
came
to
the
Tenements
in
the
said
writ
nominated
,
and
there
by
their
Oath
(
respect
being
had
to
the
true
value
of
the
said
Tenements
with
the
appurtenances
)
the
said
Tenements
in
partition
into
three
parts
equally
to
be
parted
,
and
one
part
of
the
said
three
parts
,
that
is
twelve
foot
in
length
,
and
eight
foot
in
bredth
,
of
the
House
in
the
foresaid
writ
specified
,
extending
to
the
Land
of
F.G.
called
G.
towards
the
west
,
and
thirty
four
foot
in
bredth
,
and
twelve
rods
in
length
,
and
one
Garden
in
the
aforesaid
writ
specified
,
lying
to
the
said
house
,
abutting
towards
the
west
to
the
Land
of
the
aforesaid
F.G.
called
B.
and
the
Glebe
Land
of
the
Rectory
of
S.
and
also
,
&c.
And
I
the
aforesaid
Sheriff
twentieth
day
of
A.
the
year
,
&c.
have
made
them
to
be
assigned
and
delivered
to
H.F.
nominated
in
the
said
writ
,
to
hold
to
him
severally
according
to
the
form
,
and
effect
,
of
the
writ
aforesaid
.
And
as
the
said
writ
,
in
that
commandeth
and
requireth
Which
truly
whole
third
part
of
the
aforesaid
Tenements
in
the
aforesaid
Writ
specified
,
Pledges
to
prosecute
I.
D.
R.
R.
The
within
I.
S.
and
R.
B.
are
attached
,
and
each
of
them
is
attached
by
Pledges
,
I.
D.
R.
R.
The
residue
of
the
execution
of
this
Writ
doth
appear
in
a
Pannell
fastned
to
this
writ
.
Assise
of
novell
disseisin
between
such
a
one
Plaintif
,
or
Demandant
,
and
such
a
one
Defendant
,
or
tenent
in
the
Plea
,
&c.
A.
B.
C.
D.
&c.
to
the
number
of
twenty
four
.
The
names
of
the
Recognitors
,
I.
P.
and
T.
W.
Summonitors
,
J.
D.
T.
B.
Manucaptors
,
summoners
aforesayd
,
and
every
of
them
,
J.
S.
J.
D.
Pledges
to
prosecute
.
R.
H.
within
named
,
is
attached
by
one
_____
of
Latin
,
price
eight
pence
,
by
Pl.
W.D.
and
T.
D.
The
residue
of
the
execution
of
this
writ
doth
appeare
in
a
certaine
Pannell
annexed
to
this
writ
.
A
Recognition
of
an
Assise
of
Novell
disseisin
,
J.
D.
Plaintif
,
and
R.
T.
Deforceant
,
of
his
Free-hold
in
B.
J.D.
&c.
to
the
number
of
twenty
foure
.
Summoners
of
the
Jurors
aforesaid
,
and
of
every
one
of
them
,
J.S.J.D.
Manucaptors
,
summoners
aforesaid
,
and
of
every
one
of
them
,
J.B.T.C.A.B.
and
W.H.
The
execution
of
this
writ
appeareth
in
a
certain
Pannell
to
this
writ
annexed
.
The
names
of
the
Recognitors
in
an
Assise
of
novell
Disseisin
between
A.B.
Plaintiff
and
J.M.
Defendant
A.
B.
&c.
to
the
number
of
twenty
four
.
Every
one
of
the
Recognitors
aforesaid
,
by
himself
is
severally
attached
by
pledges
,
J.D.RR.
The
Issues
of
every
one
of
them
,
five
shillings
.
The
names
of
the
Recognitors
of
new
added
,
according
to
the
form
of
the
Statute
,
A.
B.
&c.
to
the
number
of
ten
.
Every
one
of
the
Recognitors
aforesaid
of
new
added
is
attached
severall
by
Plaintiff
,
J.D.R.F.
By
vertue
of
this
Writ
,
And
if
the
Writ
be
sent
to
the
Sheriff
,
and
the
place
where
he
ought
to
execute
it
,
be
within
Franchises
,
which
hath
full
return
of
all
Wri
,
tsthen
so
.
The
Execution
of
this
Writ
,
&c.
as
before
.
I
J.S.
Sheriff
of
E.
have
commanded
J.W.
Bailiff
of
the
Liberty
of
B.
in
the
County
aforesaid
,
which
hath
full
return
of
all
Writs
,
and
execution
of
them
,
within
the
Liberty
aforesaid
,
in
the
County
aforesaid
,
and
to
whom
the
executing
of
this
writ
doth
wholy
belong
to
be
don
,
for
that
that
the
said
execution
thereof
,
otherwhere
in
my
Bailiwick
cannot
be
done
,
out
of
that
Liberty
,
which
answers
me
so
,
&c.
By
vertue
,
The
third
part
of
the
Houses
,
Gardens
,
and
rest
of
the
Premises
,
as
within
I
am
commanded
.
The
execution
of
this
writ
doth
appeare
in
a
certain
scedule
to
this
writ
annexed
.
By
vertue
,
&c.
and
to
this
scedule
annexed
,
J.
B.
in
severalty
by
Metes
and
Bounds
,
in
the
name
of
the
whole
Dowry
of
the
said
J.
to
the
said
J.
belonging
,
of
all
the
Mannor
in
the
aforesaid
writ
specified
,
as
by
the
said
writ
I
am
commanded
.
By
vertue
,
&c
,
By
vertue
,
A.
B.
Knight
,
one
of
the
Knights
of
my
County
,
girt
with
a
Sword
by
B
T.
and
C.B.
that
he
should
be
before
the
Justices
within
named
,
at
the
day
and
place
within
named
,
as
this
Writ
in
that
commandeth
and
requireth
.
Manucaptors
of
the
within
named
,
A.B.
B.T.
and
C.
B.
J.D.
R.R.
Issues
of
every
one
of
them
twenty
shillings
.
By
vertue
&c.
,
.
the
within
named
A.
B.
and
C.
D.
that
they
should
be
before
the
Justices
of
our
Lady
the
Queen
within
written
,
at
the
Day
and
place
therein
contained
,
to
answer
R.H.
within
named
,
by
J.H.
and
R.S.
good
and
lawfull
men
of
my
bailiwick
.
By
vertue
,
A.B.
within
named
have
no
Lands
or
Tenements
,
Goods
or
Chattells
in
my
bailiwick
,
(
that
I
can
make
him
know
)
as
that
writ
,
&c.
Neither
is
he
found
in
the
same
.
By
vertue
,
&c.
Scire
feci
,
W.B.
Administrator
of
the
Goods
and
Chattells
which
were
T.
P.
within
named
by
W.
G.
and
G.
K.
good
and
lawfull
men
of
my
bailiwick
,
By
vertue
,
&c.
Scire
feci
,
T.V.
within
named
,
that
he
should
be
,
before
the
Justices
within
written
at
the
day
and
place
within
contained
,
J.S.
and
R.G.
to
do
that
which
this
writ
in
that
commandeth
and
requireth
.
By
vertue
,
&c.
Scire
feci
,
W.C.
Knight
,
within
named
,
that
he
be
before
our
Lady
the
Queen
in
her
Chancery
,
at
the
day
therein
contained
,
wheresoever
he
be
in
England
,
to
shew
and
propound
as
that
writ
in
that
requires
,
by
J.
M.
and
W.
D
good
and
lawfull
men
of
my
bailiwick
,
according
to
the
form
of
this
writ
.
By
vertue
,
&c.
Scire
feci
,
J.
C.
within
named
,
By
vertue
,
&c.
Scire
feci
,
J.C.
within
named
,
J.
C.
should
not
have
,
as
this
Writ
in
it
commandeth
and
requireth
,
by
J.W.
and
R.C.
good
and
lawfull
men
,
&c.
By
vertue
,
&c.
such
a
Day
and
year
,
&c.
By
vertue
of
this
Writ
to
me
directed
,
By
vertue
,
&c.
Fieri
feci
,
a
hundred
shillings
of
the
Goods
and
Chattels
of
the
within
named
W.H.
which
truly
hundred
shillings
before
the
Justices
within
written
,
at
the
Day
and
place
there
in
contained
,
I
have
ready
,
as
,
&c.
and
further
I
certifie
the
same
Justices
,
that
the
Executors
within
written
,
have
utterly
wasted
the
Goods
and
Chattels
of
the
within
named
W.
H.
the
Testator
,
so
that
the
said
summ
of
ten
Marks
,
within
written
,
nor
any
parcell
thereof
for
present
can
I
levy
by
Fieri
facias
.
The
within
named
R.
B.
hath
no
Goods
,
A.
M.
within
written
,
By
vertue
,
By
vertue
,
J.
D.
&c.
to
the
value
,
&c.
and
those
I
have
set
to
sale
,
to
which
I
have
not
yet
found
Buyers
,
and
therefore
the
Money
,
&c.
As
yet
the
Goods
and
Chattels
,
The
Goods
and
Chattels
,
By
vertue
,
To
levy
the
Money
by
Fieri
facias
within
written
,
Restitution
upon
Fieri
facias
.
J.
G.
and
others
within
named
have
nothing
,
nor
any
of
them
have
any
thing
in
my
Bailiwick
,
whereby
Restitution
of
the
Goods
and
Chattels
within
written
,
(
for
the
foresaid
W.
M.
to
have
)
I
can
make
,
nor
the
four
and
twenty
pounds
within
written
,
to
the
said
M.
could
I
make
to
be
levied
,
as
within
,
&c.
T.
F.
within
written
,
By
vertue
,
The
Execution
of
this
Writ
appeareth
in
a
certain
Inquisition
,
&c.
An
Inquiry
indented
,
By
vertue
of
this
Writ
J.
W.
S.
Esq
Sheriff
of
the
County
within
written
,
By
vertue
of
this
writ
,
The
Residue
truly
of
Executions
of
this
writ
do
appear
in
a
certain
Inquisition
to
this
writ
annexed
,
&c.
Of
a
Liberate
after
an
Extent
made
upon
an
Obligation
,
of
a
Statute
Staple
.
By
vertue
,
By
vertue
,
J.
M.
within
named
is
not
found
in
my
Bailiwick
,
A.
B.
within
named
is
not
found
in
my
Bailiwick
,
By
vertue
,
&c.
By
vertue
,
&c
I
certifie
the
Justices
within
written
,
By
vertue
,
&c.
such
a
Day
and
Year
within
specified
,
By
vertue
,
By
vertue
,
&c.
I
certifie
the
Justices
within
written
,
that
none
,
of
the
part
of
R.
S.
came
to
shew
me
the
view
of
a
House
,
and
Meadows
,
with
their
Appurtenances
within
written
,
therefore
touching
the
Execution
of
that
Writ
,
nothing
is
done
by
me
,
for
this
present
.
By
vertue
,
By
vertue
,
I
G.
by
a
writ
of
the
Queens
,
in
Form
of
Gift
in
Discender
,
and
I
said
to
four
Knights
,
which
were
present
at
the
view
,
that
they
should
be
before
the
Iustices
of
oursaid
Lady
,
the
Queen
at
Westminster
,
at
the
Day
in
the
said
Writ
specified
,
to
testifie
that
view
,
as
in
the
said
Writ
I
am
commanded
.
None
came
to
me
of
the
part
of
the
within
named
R.
F.
Inquisition
indented
,
By
vertue
,
&c.
I
came
to
a
place
wasted
,
An
inquisition
indented
,
By
vertue
of
this
writ
to
me
directed
,
I
have
made
to
come
before
the
Justices
within
written
,
at
the
day
and
place
therein
contained
,
all
writs
,
Ass.
of
Iurors
,
and
Certificates
in
the
County
of
W.
within
written
,
together
with
the
Pannells
,
Attachments
,
Re-attachments
,
Re-summons
,
and
all
other
Adminicles
,
Ass.
of
Iurors
,
and
certifie
those
whom
they
concern
,
I
have
made
also
,
made
come
before
the
said
Iustices
at
the
Goale
Delivery
of
our
Lady
the
Queen
of
F.
of
the
Prisoners
therein
,
being
to
be
delivered
,
assigned
at
F.
aforesaid
,
at
the
aforesaid
Day
,
all
the
Prisoners
in
the
Goale
aforesaid
,
being
them
any
way
concerned
,
and
to
the
view
of
every
Town
and
place
,
where
the
Felonies
(
of
which
the
said
person
indicted
apppealed
,
or
arrested
were
)
were
committed
,
as
well
within
the
Liberties
,
as
without
;
twenty
four
good
and
lawfull
men
,
to
whom
the
truth
of
the
thing
,
may
be
best
known
and
inquired
,
and
who
are
not
any
way
of
kindred
to
the
said
Prisoners
,
together
with
four
men
,
and
Governors
of
their
Town
or
place
,
to
do
that
which
then
and
there
,
to
them
on
the
behalf
of
the
said
Lady
our
Queen
,
they
are
now
injoyned
:
and
also
I
have
made
it
to
be
publickly
proclaimed
throughout
my
whole
Bailiwick
,
that
all
they
which
would
follow
against
those
Prisoners
,
that
then
they
should
be
there
against
them
(
as
it
was
iust
)
to
prosecute
;
and
I
did
give
understanding
also
,
to
all
the
Iustices
of
the
Peace
,
Coroners
,
Stewards
,
Bailiffes
of
Liberties
,
and
Hundreds
,
of
the
County
aforesaid
,
that
then
hey
should
be
there
with
their
Rolls
,
Records
,
indictments
,
and
other
their
remembrances
,
to
do
that
which
to
their
Office
belonged
;
as
within
I
am
commanded
.
The
residue
of
the
execution
of
this
Precept
,
doth
appear
in
a
certain
scedule
to
this
Precept
annexed
.
By
vertue
,
And
likewise
,
I
caused
very
sufficiently
to
be
proclaimed
within
my
Bailiwick
,
that
all
they
,
which
as
well
for
the
said
Lady
the
Queen
,
as
for
themselves
,
against
any
of
the
Artificers
,
Labourers
,
and
servants
,
any
complaint
according
to
the
Form
of
the
statute
,
provided
to
complain
off
,
or
would
prosecute
,
that
then
they
should
bring
in
their
Bill
before
the
Iustices
,
if
they
thought
fit
,
as
within
I
am
commanded
.
A
Calender
.
A
Calender
of
the
names
of
the
Justices
of
peace
,
England
,
France
,
and
Ireland
,
Queen
,
Defender
of
the
Faith
,
&c.
twentieth
,
of
the
names
of
the
Prisoners
in
Goal
of
D.
aforesaid
,
being
A.B.C.D.
-
The
names
of
the
Justices
of
the
Peace
.
A.
B.C.D.&c
.
-
The
names
of
the
Coroners
.
A.
B.C.D.&c
.
-
The
names
of
the
Steward
,
and
Bailiffes
of
the
Liberty
.
E.F.G.H.
-
The
names
of
the
Bailiffes
of
the
Hundred
.
I.
K.L.M.
-
The
names
of
the
Prisoners
in
the
Goal
of
D.
being
J.S.
repreived
.
-
J.N.
taken
at
S.
for
suspition
of
Felony
.
Processe
in
the
Chancery
.
I
have
made
to
be
chosen
two
Knights
,
By
vertue
,
&c.
at
my
next
County
Court
,
This
Indenture
made
such
a
day
and
year
,
By
vertue
of
this
writ
,
as
well
within
the
Liberties
as
without
,
By
vertue
,
By
vertue
of
this
writ
,
I
J.D.
Knight
,
Sheriffe
of
the
County
within
named
,
Under
which
truly
Bail
,
I.
&c.
certifie
our
Lady
the
Queen
in
her
Chancery
,
For
certain
,
Before
the
coming
of
this
Writ
,
By
vertue
of
this
Writ
to
me
directed
,
By
vertue
of
this
Writ
,
J.S.T.
W.R.T.
and
E.F.
good
and
lawfull
men
of
my
bailiwick
,
Premunire
feci
,
W.R.
Clarke
within
nominated
,
that
he
should
be
before
our
Lady
the
Queen
,
at
the
day
within
contained
whersoever
,
&c.
to
do
and
to
receive
as
that
Writ
in
it
commandeth
and
requireth
,
and
J.
B.
and
the
rest
of
the
Defendants
within
named
,
have
nothing
within
my
bailiwick
,
by
which
I
can
Premunire
facere
,
for
present
,
neither
are
they
to
be
found
in
the
same
.
I
certifie
our
Lady
the
Queen
that
the
within
named
I.
H.
before
the
coming
of
this
Writ
to
me
directed
,
was
dead
.
At
my
County
Court
,
held
such
a
day
and
year
,
By
vertue
of
this
Writ
I
summon
,
Arch-Bishops
,
The
residue
of
the
Execution
of
this
Writ
doth
appear
in
certain
Pannells
to
this
Writ
annexed
.
By
vertue
,
Before
the
comming
of
this
Writ
,
Other
wise
between
2
Sheriffs
.
J.M.
Esq
late
Sheriff
of
the
County
of
W.
the
within
named
T.D.
took
,
and
in
the
Prison
of
our
Lady
the
Queens
Prison
with
him
detained
,
by
vertue
of
a
certain
Writ
of
our
Lady
the
queens
to
the
late
Sheriff
directed
,
which
said
T.D.
late
Sheriff
,
together
with
the
Writ
to
him
directed
,
to
me
J.
D.
Knight
,
now
Sheriff
of
the
County
aforesaid
,
in
the
end
of
his
Office
,
hath
delivered
,
whose
truly
body
and
the
Writ
to
the
said
late
Sheriff
directed
,
J.
the
aforesaid
now
Sheriff
before
the
Iustices
within
written
,
at
the
day
and
place
aforesaid
,
have
ready
,
to
do
and
receive
what
the
said
Writ
in
that
commands
and
requires
.
This
Writ
as
it
is
above
indorced
,
J.
E.
Esq
late
Sheriff
of
the
County
aforesaid
,
my
Predecessor
,
in
the
going
out
of
his
Office
.
This
last
return
ought
to
be
written
in
Romane
Letters
.
By
vertue
,
We
A.B.
and
C.D.
Coroners
of
our
Lady
the
Queen
of
the
County
within
written
;
By
vertue
,
&c.
I
certifie
the
Iustices
within
written
,
that
such
a
day
and
year
,
I
took
into
the
Queens
bands
3.
A.B.C.D.E.F.
and.
G.H.
good
and
lawfull
men
of
my
bailiwick
,
as
within
I
am
commanded
.
By
vertue
,
&c.
The
Answer
of
H.L.
and
J.D.
Commissioners
.
By
vertue
of
this
Commission
to
us
directed
,
T.
D.
within
named
,
upon
the
holy
Evangelist
,
that
all
things
in
the
said
Answer
are
true
,
which
Answer
so
taken
is
to
this
Commission
annexed
,
together
with
the
Bill
,
together
in
the
same
directed
,
and
all
other
things
which
in
the
said
Commission
are
contained
,
or
belong
to
it
,
we
have
made
to
be
done
,
according
to
the
effect
and
tenor
of
the
same
,
as
within
we
are
commanded
.
Returne
for
the
Chancery
,
or
the
Master
of
the
Rolls
.
By
vertue
,
&c.
there
was
a
Search
made
amongst
the
Records
of
the
Chancery
of
our
Lady
the
Queen
within
written
,
and
in
them
,
or
any
of
them
,
I
finde
as
yet
no
Record
for
the
Queens
title
,
by
which
it
can
appear
,
of
any
Lands
or
Tenements
,
with
the
appurtenances
in
S.
in
C.
which
were
of
late
the
within
named
J.
S.
which
ever
came
to
the
hands
of
our
said
Lady
the
Queen
,
as
in
this
Writ
is
supposed
.
I
certifie
the
Justices
aforesaid
,
I
J.D.
Security
of
the
Peace
as
it
is
taken
.
The
answer
of
T.F.
Mayor
of
the
City
of
D.
and
one
of
the
Justices
of
our
Lady
the
Queen
,
assigned
in
the
same
City
to
preserve
the
Peace
.
By
vertue
,
&c.
T.F.
Mayor
of
the
City
aforesaid
.
Process
out
of
the
Exchequer
.
The
within
named
Lady
J.S.
hath
nothing
in
Mannors
,
By
vertue
of
this
Writ
to
me
directed
,
I
have
taken
the
body
of
the
within
named
J.S.
whose
body
,
By
vertue
of
this
writ
to
me
directed
,
I
certifie
the
Barons
within
written
,
And
also
twentieth
day
of
January
the
eighth
year
within
,
written
I
took
into
the
hands
our
said
Lady
the
queen
,
by
name
of
Distresse
,
certaine
Lands
and
Tenements
of
the
within
named
J.R.
lying
and
being
in
B.
of
the
yearly
value
of
a
hundred
shillings
,
as
the
said
Writ
in
it
commanded
and
required
.
The
within
named
J.E.
is
not
to
be
found
in
my
bailiwick
,
The
within
named
A
B.
is
not
to
be
found
in
my
bailiwick
,
All
which
truly
goods
and
chattells
with
me
remaine
unsold
for
defect
of
Buyers
,
and
the
said
A.B.
no
other
or
more
goods
and
chattells
,
Lands
or
Tenements
,
hath
within
my
bailiwick
,
which
into
the
hands
of
our
Lady
the
Queen
for
present
,
by
any
means
I
can
take
or
seise
I
certifie
the
Barons
aforesaid
,
The
residue
of
the
execution
of
this
Writ
doth
appeare
in
a
certain
scedule
to
this
Writ
annexed
.
An
Inquisition
indented
,
taken
at
S.
in
the
County
aforesaid
the
eighth
day
of
January
the
year
,
&c.
Before
me
,
J.H.
Knight
,
Sheriffe
of
the
County
aforesaid
,
by
Writ
of
a
Right
close
,
of
the
said
Lady
Queens
to
me
directed
,
which
is
annexed
to
this
Inquisition
,
by
the
Oath
of
J.D.R.R.
&c.
good
and
lawful
men
of
the
County
aforesaid
,
which
do
say
upon
their
Oath
,
that
the
Mannor
of
S.
with
the
appurtenances
,
is
of
the
yearly
value
of
five
pounds
,
besides
all
charges
,
and
reprisalls
,
in
witnesse
whereof
,
&c.
The
Mannor
of
S.
within
named
lieth
in
the
County
of
G.
and
not
in
the
County
of
W.
Therefore
I
cannot
distrain
the
Tenants
there
,
as
within
I
am
commanded
.
By
vertue
of
this
Writ
to
me
directed
I.
certifie
the
Barons
within
written
,
that
the
twentieth
day
of
March
,
If
it
be
with
inquirie
for
the
yearly
value
.
The
residue
of
the
execution
of
this
Writ
appears
in
a
certain
inquisition
taken
,
to
this
writ
annexed
.
The
within
named
W.B.
and
M.
his
Wife
,
The
Manucaptors
of
the
forenamed
W.
B.
and
M.
his
Wife
.
J.D.R.R.
The
within
named
A.B.
hath
nothing
in
my
Bailiwick
,
The
within
named
A.
B.
is
attached
by
Pledges
,
that
is
,
J.D.R.R.
If
he
be
an
Earl
or
a
Countesse
.
The
Issue
of
them
half
a
Mark.
And
further
,
if
these
words
are
repeated
in
the
Writ
(
and
also
to
shew
)
twenty
shillings
.
The
within
named
R.
A.
hath
nothing
in
the
Land
,
No
such
Mannor
,
The
within
named
J.K.
and
R.K.
have
nothing
,
nor
either
of
them
hath
any
thing
,
within
my
Bailiwick
,
and
further
I
certifie
the
Barons
within
written
,
that
none
are
Executors
,
or
Administrators
of
the
goods
and
chattells
which
were
the
within
nameds
M.
K.
whereby
them
,
or
any
of
them
I
can
distrain
.
The
Manucaptors
of
I
S.
Gent.
Tenant
of
the
Lands
,
and
Tenements
within
specified
,
which
were
the
within
named
M.
K.I.D.RR
.
The
Issues
thirteen
shillings
four
pence
.
By
vertue
,
&c.
I
have
taken
Execution
of
the
Goods
and
Chattels
of
J.H.
within
named
,
a
certain
Demise
and
Grant
to
the
said
J.
H.
by
one
to
T.
G.
of
one
part
,
and
the
aforesaid
J.
H.
of
the
other
part
,
for
terme
of
one
and
thirty
years
,
to
begin
from
the
first
day
of
Ianuary
,
the
year
of
the
Reign
of
our
Lady
Elizabeth
,
within
written
,
as
by
that
Indenture
bearing
date
the
same
day
and
year
fully
appears
,
of
and
in
a
House
or
Farme
with
the
Appurtenances
,
scituate
,
and
lying
,
and
being
in
L.
in
the
Parish
of
f.
within
my
Bailiwick
,
called
or
known
by
the
name
of
B.
together
with
all
and
singular
Lands
,
Meadows
,
Feedings
,
Pastures
,
Woods
,
Under-woods
,
Waters
,
and
Pastures
,
with
all
their
Appurtenances
,
scituate
,
lying
,
and
being
within
the
Town
,
Parish
,
and
Feilds
of
F.
aforesaid
,
and
likewise
in
my
Bailiwick
;
and
the
aforesaid
Lease
,
and
all
the
whole
Right
,
state
,
Title
,
terme
of
years
,
Possession
and
Demand
,
which
the
aforesaid
J.
H.
now
hath
,
of
and
in
the
foresaid
Premises
,
by
vertue
or
force
of
the
said
Demise
and
Grant
,
or
otherwise
I
have
set
to
sale
,
and
sold
to
one
R.G.
Gentleman
,
for
the
summ
of
threescore
and
sixteen
pounds
thirteen
shillings
and
four
pence
,
and
also
I
have
taken
in
Execution
other
Goods
and
Chattels
of
the
aforesaid
J.
H
to
the
value
of
threescore
and
five
pounds
six
shillings
eight
pence
,
which
truly
summs
of
Money
so
in
forme
aforesaid
by
me
levied
,
in
the
whole
do
amount
unto
132.
pounds
and
twelve
pence
,
and
the
same
summs
before
our
Lady
the
Queen
,
at
the
day
and
place
aforesaid
I
have
ready
,
and
to
be
given
to
the
within
written
E.P.
and
J.
his
Wife
,
in
part
of
satissaction
of
the
Damages
within
written
,
as
by
that
Writ
I
am
within
commanded
.
And
that
I.
H.
hath
no
other
Goods
or
Chattels
in
my
Bailiwick
,
that
the
residue
of
the
aforesaid
one
hundred
threescore
and
five
pounds
six
shillings
two
pence
can
be
had
or
levied
,
according
to
the
command
of
this
Writ
.
By
vertue
,
By
vertue
of
this
Writ
to
me
directed
,
Those
Goods
to
the
value
of
twenty
Marks
within
written
,
A.
B.
and
C.
D.
within
nominated
,
The
within
named
A.
B.
and
C.
D.
are
dead
,
By
vertue
,
&c.
Scire
feci
,
J.C.
within
named
,
that
he
be
before
the
Barons
within
written
,
at
the
day
and
place
within
contained
,
by
J.
C.
and
R.
S.
good
and
lawfull
men
of
my
Bailiwick
,
as
within
I
am
commanded
.
There
are
no
Executors
of
E.
within
written
,
I.D.
and
the
rest
of
the
Defendants
within
named
,
By
vertue
,
Here
follow
certain
Cases
of
the
Common
Law
,
upon
the
Returnes
aforesaid
,
and
others
.
BEcause
Justices
(
to
whose
Duty
it
belongeth
,
The
Lord
the
King
provideth
,
And
it
gives
remedy
,
Equituram
,
Indumenta
&
utensilia
domus
)
contained
under
the
name
of
Issues
;
and
the
Statute
gives
(
Posse
Comitatus
)
See
the
Statute
of
1
Ed.
3.
chap.
6.
The
Sheriff
by
the
common
Law
is
the
Preserver
of
the
Peace
,
If
the
Sheriff
return
upon
a
Distringas
Juratores
,
Also
if
the
Sheriff
return
Scire
feci
,
upon
Fine
,
or
Judgement
,
and
no
mention
is
made
of
the
Summoners
and
Viewers
,
and
the
party
appear
and
pleads
,
it
is
no
Error
,
and
if
upon
the
Grand
Cape
there
be
not
returned
the
Summoners
and
Viewers
,
yet
if
the
party
appear
,
and
pleads
,
it
is
no
Error
,
3
H.
7.
f.
14.
this
Return
was
amended
,
and
the
Plaintiff
recovers
.
See
8
H.
5.
f.
2.
B.
Scire
facias
is
returned
Scire
feci
,
by
J.S.
and
J.D.
and
though
the
Return
be
not
(
by
good
and
lawfull
men
)
as
it
ought
,
if
the
party
appear
it
is
a
good
Return
,
and
may
be
amended
,
33
H.
6.
f.
35.
44
Ed.
3.
f.
16.
&
8
H.
6.
f.
27.
If
the
Sheriff
attach
a
Cow
,
Annuity
,
the
Sheriff
returns
(
I
have
nothing
in
my
Bailiwick
by
which
he
can
be
attached
)
where
it
should
be
(
by
which
he
can
be
summoned
)
and
though
it
were
in
the
time
of
another
Sheriff
,
Upon
a
Distringas
Juratores
,
the
Sheriff
in
his
Return
leaves
out
four
Names
which
were
in
the
Venire
facias
,
and
the
Sheriff
was
examined
,
and
saith
,
that
they
were
distrained
,
and
for
that
the
Returne
was
amended
,
37
H.
6.
f.
12.
22
H.
6.
f.
45.
Appeal
upon
Distringas
Juratores
,
where
there
were
Knights
and
Esquires
which
were
in
the
Writ
,
there
was
returned
but
eight
pence
upon
every
Juror
,
and
the
Sheriff
had
been
amerced
,
unlesse
he
be
there
present
,
and
amend
that
,
and
sets
upon
every
Juror
two
shillings
,
2
R.
3.
fol.
13.
Attaint
at
the
Distringas
Juratores
,
the
Sheriff
returns
Issues
upon
J.
Burton
,
where
there
is
no
such
of
the
Jury
,
but
J.
Bormstone
,
and
it
was
amended
,
2
H.
5.
f.
8.
The
Sheriff
upon
a
Capias
returns
Non
inveni
,
where
he
ought
to
return
Non
est
inventus
,
and
the
party
was
outlawed
,
and
this
was
assigned
for
Error
,
and
awarded
Error
,
and
shall
not
be
amended
,
9
H.
5.
f.
10.
One
was
outlawed
,
and
Proclamari
feci
of
that
was
returned
,
that
I
made
be
proclaimed
,
that
he
should
deliver
himself
to
the
Sheriffs
of
London
,
where
the
Writ
was
the
Sherif
of
Kent
,
and
this
Outlary
was
reversed
by
Error
,
and
shall
not
be
amended
,
27
H.
8.
f.
34.
One
was
outlawed
,
and
the
Exigent
was
returned
,
at
my
County
Court
,
held
at
the
Castle
of
Oxford
,
he
was
first
called
,
and
because
it
was
not
in
what
County
,
it
was
Error
,
and
shall
not
be
amended
,
21
H.
7.
f.
34.
One
was
returned
outlawed
,
and
for
that
,
that
it
did
not
appear
that
it
was
by
the
Judgement
of
the
Coroners
,
it
was
reversed
without
Writ
of
Error
,
and
shall
not
be
amended
,
21
H.
7.
f.
33.
The
Sherif
returns
Scire
feci
J.
A.
Clio
,
where
it
should
be
Clico
,
and
was
amended
,
7
H.
6.
f.
1.
Where
the
Sherif
upon
a
Distringas
returnes
to
small
Issues
,
he
shall
amend
the
Return
,
27
H.
8.
f.
3.
Process
against
a
Voucher
,
Debt
against
two
,
the
Sheriff
returns
upon
the
Capias
,
I
have
taken
their
Bodies
,
and
have
them
before
you
;
and
now
one
comes
and
saith
,
that
his
Companion
is
dead
and
had
it
,
for
that
the
other
cannot
gainsay
it
,
50
Ed.
3.
f.
7.
By
the
statute
of
Westm.
2.
before
said
upon
a
Distringas
,
one
may
aver
that
the
Sherif
hath
returned
to
small
Issues
;
and
by
this
Book
the
Sherif
ought
to
return
in
Issues
so
much
of
Rent
as
the
Defendant
receives
the
Day
of
the
Writ
purchased
,
untill
the
Day
of
the
Return
of
it
,
27
H.
8.
f.
3.
Where
the
Sherif
returns
to
small
Issues
upon
a
Distringas
,
one
may
aver
that
they
are
to
small
,
but
some
seem
,
that
if
he
return
to
small
upon
a
distringas
Juratores
,
it
is
on
t
of
the
Statute
,
10
H.
7.
f.
11.
Debt
,
the
Sheriff
returns
upon
the
Distringas
twenty
pence
upon
the
Defendant
,
and
averment
was
,
that
the
Shetiff
might
have
returned
,
mean
,
between
the
writ
delivered
,
and
the
return
of
that
100
s.
and
the
writ
was
awarded
to
the
Justices
of
Assise
to
inquire
of
that
,
20
H.
6.
fol.
26.
Where
the
Sheriff
returns
one
out-lawed
,
he
cannot
aver
that
he
was
called
but
three
or
four
times
.
But
in
appeale
he
may
have
the
averment
,
10
H.
7.
f.
22.
In
Re-disseifin
,
he
cannot
aver
that
the
Sheriff
did
not
go
to
the
place
,
for
he
is
Judg
,
and
also
one
out-lawed
cannot
aver
that
he
was
not
the
fifth
time
called
,
10
H.
7.28
.
Trespasse
upon
(
Pone
)
goods
were
returned
attached
,
and
when
the
Defendant
appeared
,
he
had
a
Writ
to
the
Sheriff
to
deliver
to
him
again
the
Goods
:
And
the
Sheriff
returns
that
he
hath
redelivered
,
the
Defendant
cannot
averr
the
contrary
,
the
same
Law
of
a
return
of
a
seisin
in
Dower
,
one
cannot
have
an
averment
to
the
contrary
,
for
the
Sheriff
is
Officer
,
to
whom
credit
shall
be
given
,
which
cannot
have
averment
to
the
contrary
.
But
where
one
is
without
remedy
,
and
to
be
dis-inherited
,
it
is
otherwise
,
as
if
the
Sheriff
in
a
Precipe
against
one
,
return
that
he
is
dead
,
the
Demandant
may
aver
that
he
is
alive
,
and
may
say
not
attached
,
by
fifteen
daies
,
which
is
no
direct
averment
:
But
upon
an
Habere
facias
sesinam
.
Where
the
Sherif
returns
,
I
have
delivered
seisin
,
he
cannot
aver
the
contrary
,
3
Ed.
4.
fol.
20.
One
cannot
have
direct
averrment
against
return
of
the
Sherif
in
the
same
action
,
but
in
another
he
may
.
As
in
Debt
against
a
Bailif
of
a
Franchise
,
for
an
escape
of
one
,
return
by
the
Sherif
that
he
hath
taken
him
by
a
Warrant
to
him
directed
,
upon
a
Capias
ad
satisfaciendum
,
he
may
now
in
this
action
of
Debt
aver
,
that
no
such
Warrant
was
to
him
directed
.
And
in
Assise
not
attached
by
fifteen
dayes
he
may
averr
.
And
in
a
Precipe
that
he
was
not
summoned
according
to
the
Law
,
is
a
good
averment
in
the
same
Action
,
but
not
,
not
attached
,
or
not
summoned
,
5
Ed.
4.
f.
1.
A
Writ
of
Deceit
is
returned
by
the
Sherif
,
and
the
Defendant
averrs
that
the
summoners
now
returned
were
not
the
summoners
in
Precipe
,
and
he
cannot
aver
that
Averment
against
the
Return
of
the
sherif
,
5
Ed.
4.
f
7.
&
33
H.
6.
f.
11.
Markham
,
accordingly
.
The
sherif
returnes
,
I
have
commanded
the
Bailif
of
the
Liberty
of
N.
which
so
answers
,
that
at
another
time
the
Defendant
was
committed
to
the
next
Gaol
by
Auditors
upon
an
Account
for
Arrerages
,
and
that
he
being
Bailif
of
that
Goal
,
carried
him
to
Prison
,
and
he
came
in
upon
a
Cepi
Corpus
,
and
saith
,
that
no
such
Account
,
and
shall
have
that
Averment
,
notwithstanding
the
Return
of
the
sheriff
,
18
Ed.
4.
f.
5.
One
sues
a
Libertate
probanda
,
to
recover
Nativo
habendo
,
and
the
sherif
returnes
,
that
no
Nativo
habendo
was
delivered
unto
him
,
and
the
other
averrs
contrary
,
and
may
,
18
Ed.
4.
f.
7.
Upon
a
Venire
facias
,
the
sherif
returned
four
and
twenty
Jurors
,
and
upon
the
Habeas
Corpora
,
he
returned
that
12.
of
them
were
dead
,
the
Plaintif
shall
have
Averment
,
that
they
are
alive
against
the
Return
,
20
Ed.
4.
f.
11.
The
Plaintif
praies
,
that
the
Defendant
in
Replegiare
,
wage
Deliverance
,
the
Defendant
saith
,
that
they
died
in
an
open
Pound
,
in
default
of
the
Plaintif
,
and
prayed
a
writ
to
the
sherif
,
Si
constare
poterit
,
and
if
the
Sherif
return
upon
that
writ
,
that
they
are
dead
,
yet
he
may
aver
the
contrary
,
and
have
a
sicut
alias
,
30
H.
6.2
.
Where
the
Sherif
returns
(
I
have
commanded
the
Bailif
of
the
Liberty
of
the
Archbishop
of
York
)
which
returns
summons
,
the
Defendant
cannot
aver
,
that
the
Land
is
within
the
Franchise
of
Richmond
,
34
H.
6.
f.
3.
The
sherif
returnes
upon
an
Exigent
,
that
four
times
called
,
and
not
withstanding
Averment
was
taken
,
that
he
was
outlawed
,
and
this
was
certified
by
the
Coroners
,
and
for
that
the
sherif
was
amerced
to
fifty
Markes
,
36
H.
6.
f.
24.
Where
the
sherif
upon
a
Capias
returnes
(
He
is
not
found
)
one
cannot
have
an
Averment
against
this
Return
,
2
H.
4
f.
15.
One
may
have
an
Averment
in
another
Action
,
against
the
Return
of
the
Sheriff
,
as
in
Covenant
,
the
Sheriff
returns
him
warned
,
yet
in
Detinue
he
may
aver
the
contrary
,
11
H.
4.
f.
47.
Where
upon
a
Corpus
cum
causa
,
out
of
the
common
Bench
,
it
is
returned
,
that
he
is
bound
to
the
Peace
,
which
is
for
the
King
,
and
notwithstanding
that
it
be
false
,
he
cannot
have
an
Averment
in
this
Writ
to
the
contrary
,
9
H.
6.
f.
44.
One
outlawed
reverses
it
by
Error
,
and
he
hath
a
Writ
to
restore
his
Goods
,
which
he
took
,
time
of
the
Outlary
,
directed
to
John
Bailif
of
Westminster
,
and
could
not
return
that
he
is
not
Bailiff
,
but
he
ought
to
answer
to
the
Goods
,
whether
he
had
them
or
not
,
and
how
they
are
wasted
in
his
Possession
,
6
H.
7.
f.
9.
The
Sherif
or
Bailif
errant
,
sworn
and
known
,
may
arrest
one
without
shewing
to
him
a
Warrant
,
contrary
,
of
a
Servant
of
the
Sherif
,
or
other
Bailif
which
is
not
sworn
and
known
,
8
Ed.
4.
f.
14.
Where
the
Sherif
returnes
upon
a
Fieri
facias
,
f.
the
last
.
See
32
H.
6.
f.
13.2
Ed.
4.
f.
1.
&
21
H.
6.
f.
20.
The
Ordinary
sues
a
Writ
of
Annuity
against
one
,
and
the
Ordinary
himself
returnes
,
that
he
is
a
Clerk
beneficed
,
having
no
Lay
Fee
;
and
held
that
a
Venire
facies
Clericum
shall
go
to
the
Metropolitan
,
for
that
the
Plaintif
is
Ordinary
,
34
H.
6.
f.
32.
Return
,
Upon
a
Capias
,
2
R.
3.
C.
the
last
.
Prohibited
upon
pain
of
Imprisonment
and
Fine
,
that
none
arrest
any
person
of
holy
Church
,
when
he
is
d●ing
Divine
Service
.
Dower
,
the
Demandant
recovers
by
default
,
after
default
,
Thorp
,
the
Sheriff
shall
not
be
amerced
;
but
where
he
returnes
a
writ
ill
of
himself
,
in
this
case
he
hath
returned
by
the
Oath
of
Twelve
,
by
which
he
was
not
amerced
,
44
E.
3.
f.
8.
Debt
against
Executors
,
which
plead
fully
administred
,
and
found
that
they
have
Assets
,
and
the
Sheriff
returnes
the
Fieri
facias
,
I
have
commanded
the
Bailiff
of
the
Liberty
of
Kingstone
,
which
gave
me
answer
,
that
the
Executors
aforesaid
have
not
any
Goods
,
the
which
is
contrary
to
the
Verdict
,
and
adjudged
that
the
return
was
not
good
,
for
he
cannot
return
a
thing
which
is
contrary
to
that
which
is
found
,
3
H.
7.
f.
11.
&
5
H.
7.
f.
27.
accordingly
.
Where
the
parties
admit
one
such
a
Visne
,
though
there
be
no
such
the
Sherif
cannot
return
that
there
is
no
such
but
shall
make
the
Pannell
of
the
Body
of
the
County
,
37
H.
6.
f.
12.
Appeal
,
the
Sherif
returnes
the
Jury
of
the
Visne
of
D.
and
yet
the
new
Sherif
returnes
the
Distresse
,
that
there
is
no
such
Visne
,
and
may
,
3
H.
6.
f.
58.
Where
the
Father
is
condemned
,
Where
the
Sherif
makes
false
Returne
,
as
if
he
return
,
I
have
taken
the
Body
,
upon
a
Capias
to
satisfie
,
and
hath
him
not
,
he
shall
have
his
remedy
by
a
Writ
out
of
the
Chancery
,
or
upon
his
Account
in
the
Exchequer
,
and
not
here
,
7
H.
4.
f
32.
If
a
Felon
(
●n
going
to
Execution
)
be
rescued
from
the
Sherif
,
if
that
be
presented
before
Justices
of
Peace
,
the
same
.
Upon
a
Fieri
facias
,
the
Sherif
returnes
,
The
sherif
which
broke
the
Door
of
the
House
to
make
Execution
upon
Fieri
fac
.
shall
be
punished
,
as
Trespass
lies
against
him
,
but
not
for
taking
the
Goods
,
18
Ed.
4.
f.
4.
The
sherif
returnes
upon
a
Fieri
facias
,
against
Executors
,
that
the
Executors
have
sold
all
the
Goods
of
the
Dead
,
before
the
Writ
purchased
,
and
have
taken
Money
,
and
other
Goods
for
the
same
Goods
;
and
for
that
he
was
amerced
,
for
he
ought
to
have
made
Execution
of
Goods
amounting
to
the
value
,
notwithstanding
the
Sale
,
14
H.
4.
f.
13.
The
sherif
returnes
upon
a
Fieri
facias
against
Executors
,
that
they
have
nothing
after
the
coming
of
the
Writ
,
as
to
him
any
way
doth
appear
,
and
was
amerced
,
for
he
ought
to
return
directly
,
that
he
hath
nothing
;
but
he
may
return
,
that
they
are
conveyed
away
,
and
upon
that
Execution
shal
be
of
their
proper
Goods
,
and
he
cannot
return
,
He
is
not
to
be
found
,
as
he
can
understand
,
9
H.
6.
f.
57.
By
Hank
,
if
a
Fieri
facias
go
out
,
and
the
sherif
levy
the
Money
,
&
return
no
Writ
,
the
party
may
sue
Sicut
alias
,
if
he
will
,
or
he
may
have
a
writ
against
the
the
sherif
,
to
have
the
Money
here
;
inquire
what
Writ
that
is
,
but
by
Thirn
,
it
is
duty
to
receive
by
party
,
and
the
Fieri
facias
is
,
that
those
Moneys
you
shall
have
here
,
and
they
shall
be
brought
into
the
Court
in
discharge
of
the
Defendant
,
and
the
sherif
is
not
Debtor
by
simply
saying
,
for
that
is
not
upon
Record
that
he
hath
levied
them
,
and
so
the
Defendant
is
Debtor
,
and
not
the
sherif
,
yet
some
say
,
if
the
sherif
levy
the
Money
by
Fieri
fac
.
&
payes
them
not
to
the
party
Plaintif
,
he
shall
have
an
Account
against
the
sherif
,
11
H.
4.
f.
57.
See
2
H.
7.
f.
22.
by
King
.
Trespass
lies
against
the
sherif
for
levying
the
sum
,
and
not
returning
the
writ
.
Till
the
Fieri
facias
be
executed
,
the
Money
shall
not
be
intended
paid
,
and
this
is
not
executed
,
till
it
be
returned
by
the
sheriff
,
20
H.
6.
f.
25.
Scire
fac
.
to
have
Execution
of
a
Judgement
,
the
Def.
saith
,
that
before
this
time
the
sherif
by
Fieri
facias
did
levy
the
summ
,
and
though
the
Def.
did
not
say
,
that
the
sherif
delivered
the
money
to
the
Plaintif
,
nor
that
the
Writ
was
returned
,
this
is
adjudged
a
good
Bar
,
&
for
that
the
Plaintif
saith
,
that
the
sherif
hath
not
levied
it
ready
,
&c.
21
H.
6.5
.
Upon
a
Fieri
facias
,
the
sherif
returnes
,
that
he
took
Goods
to
the
value
of
ten
pounds
,
for
which
he
found
no
Buyer
,
by
which
issued
to
the
new
Sherif
,
a
Venditione
exponend
.
which
returned
,
that
his
Predecessor
took
no
Goods
,
therefore
,
&c.
By
which
issued
a
Distresse
to
the
late
Sherif
,
that
the
Goods
that
were
set
to
sale
he
should
bring
in
,
34
H.
6.
f.
39.
It
is
Error
where
he
is
outlawed
,
and
the
Exigent
returned
,
at
my
County
held
at
Ilchester
,
Hustings
,
London
,
where
there
are
two
,
and
is
not
at
which
Hustings
,
it
is
not
good
,
6
H.
7.
f.
15.
See
11
H.
7.
f.
10.
Where
an
Outlary
was
returned
,
it
shall
not
be
amended
,
where
it
was
returned
at
my
County
Court
held
at
the
Castle
of
Oxford
,
and
saith
not
in
what
County
,
it
is
not
good
,
21
H.
7.
f.
37.
Upon
a
Capias
,
the
Sherif
returnes
,
I
have
taken
J.S.
and
J.D.
and
doth
not
say
,
(
within
named
)
and
it
seems
good
,
and
shall
be
intended
,
12
H.
7.
f.
18.
A
Writ
upon
a
statute
staple
issued
,
to
take
the
Body
,
and
to
extend
the
Lands
and
Goods
of
him
that
was
bound
,
and
the
Sherif
returned
that
,
that
he
had
extended
the
Land
,
and
returned
nothing
of
the
Goods
,
and
yet
it
is
good
for
the
Land
,
which
is
part
of
the
thing
which
he
ought
to
do
,
and
not
all
,
16
H.
7.
f.
6.
The
Sherif
returnes
,
that
by
vertue
of
a
Command
,
I
have
taken
the
Body
,
and
that
is
good
,
without
saying
,
by
vertue
of
a
Writ
,
for
the
Sherif
may
take
one
in
the
Hall
at
Westminster
,
by
commandement
of
the
Justices
without
a
Writ
,
16
H.
7.
f.
16.
Scire
facias
,
the
Sherif
returnes
,
I
W.S.
do
certifie
you
,
and
it
is
not
good
,
but
it
ought
to
be
,
I
certifie
you
Justices
:
but
where
the
Return
is
Scire
feci
,
J.
S.
and
doth
not
say
,
the
within
named
,
yet
for
that
that
,
it
is
further
,
(
as
this
Writ
in
it
commands
and
requires
,
according
to
the
forme
of
the
Writ
)
that
is
a
good
Return
,
1
H.
6.
f.
7.
Premunire
,
tht
Sherif
returns
,
that
the
Defendant
was
warned
,
and
for
that
,
that
it
is
not
what
day
,
it
is
not
good
,
for
he
ought
to
be
warned
by
two
Moneths
before
the
day
of
the
return
by
the
Statute
,
and
that
doth
not
appear
,
and
for
that
it
is
not
good
,
42
Ed.
3.7
.
and
39
Edw.
3.7
.
Assise
where
the
writ
was
ill
returned
,
and
that
uncertain
,
there
shall
Issue
a
Sicut
alias
,
46
Ed.
3.
f.
18.
One
out-Lawed
,
and
Proclami
feci
was
returned
,
that
he
had
rendred
himself
Prisoner
to
the
Sherif
of
London
,
where
it
should
have
been
Rent
.
And
the
Out-lawry
was
for
that
reversed
by
Errour
,
27
H.
8.34
.
Where
the
Sherif
returns
Nihil
,
or
is
not
to
be
found
,
as
it
can
appear
to
him
,
he
shall
be
amerced
,
for
he
ought
to
take
notice
,
9
H.
6.57
.
Where
the
Sherif
returns
(
I
have
commanded
the
Bailif
of
the
Liberty
)
of
D.
and
for
that
,
that
he
hath
not
returned
to
what
Person
it
is
not
good
,
9
Ed.
4.20
.
&
1
H.
6.7
,
the
same
.
Upon
a
Capias
,
the
Sherif
returns
(
I
have
taken
the
body
)
and
that
A.
and
B.
rescued
him
,
and
for
that
,
that
it
is
not
where
,
it
is
not
good
,
10
Ed.
4.17
Scire
facias
to
have
Execution
of
an
annuity
against
a
Parson
,
the
Sherif
returns
(
that
he
hath
no
Goods
)
notwithstanding
that
it
was
not
(
nor
had
at
the
time
of
the
receit
of
this
writ
)
yet
it
seems
it
shall
be
intended
,
and
for
that
it
is
good
,
2
Ed.
4.1
.
Scire
facias
against
two
severall
Tenants
,
the
Sherif
returns
(
Scire
feci
in
manner
and
form
,
as
this
Writ
in
it
commands
and
requires
)
and
it
is
good
,
though
it
be
not
returned
severally
,
Scire
feci
,
2
H.
4.14
.
See
,
37
H.
6.31
.
In
a
Writ
to
inquire
of
Wast
,
the
Sherifreturns
that
I
,
took
the
Inquisition
,
Die
Sabbati
proximo
,
and
for
that
it
is
not
what
Sabbati
,
it
is
no
good
return
,
40
Ed.
3.20
Scire
facias
,
to
have
execution
of
arrerages
of
an
annuity
against
Lawrence
Booth
,
keeper
of
our
blessed
Mary
Hallers
in
the
University
of
Cambridge
and
Schollers
,
and
the
Sherif
returns
that
Scire
feci
Lawrance
Booth
,
and
nothing
of
the
Schollers
,
and
for
that
the
return
was
not
good
,
and
so
Sicut
alias
,
34
H.
6
54.
Where
a
Writ
goes
to
the
Coroners
,
and
one
returns
that
he
made
a
Precept
to
his
Servant
to
arrest
the
Defendant
,
and
that
he
at
D.
such
a
day
made
a
Rescue
,
this
return
is
not
good
,
for
it
shall
be
made
by
both
the
Coroners
,
39
H.
6.42
.
Upon
Exigent
,
the
Sherif
returns
,
I
have
caused
to
be
proclaimed
at
such
a
County
Court
held
such
a
day
,
and
for
that
,
that
it
is
not
what
year
,
it
is
not
good
,
27
H.
8.34
.
The
Sherif
returns
,
he
hath
nothing
,
and
it
is
not
good
,
but
he
ought
to
return
also
,
that
he
hath
not
Bailifs
,
nor
a
Bailiwick
,
nor
he
is
not
to
be
found
,
26
Booke
of
Assises
33.
Attaint
,
The
writ
you
shall
diligently
inquire
,
who
were
the
Jurors
of
the
first
inquisition
,
and
whether
M.B.
Knight
was
one
of
the
petty
Jury
,
and
he
returned
their
names
,
and
M.B.
was
dead
,
and
though
he
do
not
return
M.B.
Knight
.
It
shall
be
extended
the
same
,
and
a
good
return
,
24
book
of
Assises
6.
The
Sherif
upon
a
Venire
facias
,
returns
twelve
names
only
upon
the
back
of
the
Writ
,
and
not
in
the
Scedule
,
and
it
is
not
good
,
but
shall
return
twenty
foure
according
to
the
usage
,
2
H.
7.
f.
8.
The
Sheriff
returns
upon
a
Cap●as
,
that
a
Rescue
was
made
at
D.
by
the
command
of
J.S.
and
for
that
,
that
he
doth
not
return
where
the
command
was
,
it
was
not
good
,
for
the
return
shall
be
as
certain
as
known
,
3
H.
7.11
.
Vpon
Pluries
,
to
have
a
Corody
,
the
Sherif
returns
that
the
Bishop
of
K.
is
founder
and
doth
not
return
the
name
of
that
Bishop
that
founded
it
,
and
for
that
it
is
uncertain
,
3
H.
7.6
.
Admeasurement
of
Dower
,
the
Sherif
returns
that
the
woman
hath
more
by
forty
shillings
per
annum
,
this
is
no
good
return
,
for
he
ought
to
return
two
parts
by
it self
and
their
values
,
and
the
third
part
by
it self
and
the
value
thereof
,
44
Ed.
3.11
.
The
Sherif
of
London
upon
a
Nativo
habendo
,
returns
,
In
London
every
of
the
Sherifs
may
arrest
a
man
,
and
yet
the
Return
shall
be
made
in
the
name
of
both
the
Sherifs
,
39
H.
6.
f.
43.
Where
the
Sherif
returns
(
I
have
commanded
the
Bailif
of
the
liberty
)
and
doth
not
return
,
for
that
,
that
he
hath
nothing
,
within
my
bailiwick
and
was
amerced
,
47
Ed.
3.2
.
Where
the
Sherif
returns
(
I
have
commanded
the
bailif
of
the
liberty
)
where
that
liberty
is
not
inrolled
in
the
Exchequer
,
it
is
taken
as
a
dis-inheriting
of
the
King
,
2
H.
the
same
.
The
Sheriff
returns
,
I
have
commanded
the
Bailif
of
the
liberty
,
which
answers
me
that
he
hath
taken
the
body
,
and
hath
not
the
body
there
,
it
is
doubted
whether
the
Bailiff
shall
be
amerced
or
the
Sherif
,
2
H.
4.16
Inquire
,
see
,
11
H.
4.
fol.
41.
that
the
Bailiff
shall
be
amerced
and
not
the
Sheriff
,
5
Ed.
4.6
.
The
same
.
Where
the
Sheriff
returns
,
I
have
commanded
the
Bailiff
of
the
Liberty
,
which
answers
me
,
that
he
hath
taken
the
body
and
notwithstanding
hath
not
the
Body
,
the
Sherif
was
amerced
,
and
a
Distringas
awarded
,
to
distrain
the
Bailiff
to
bring
in
the
body
,
&c.
47
Ed.
3.25
.
But
,
14
Ed.
4.1
.
There
shall
go
out
a
Distringas
Ballivum
to
bring
in
the
Body
,
and
,
36
H.
6.1
.
the
same
The
sherif
returns
I
have
commanded
the
Bailif
of
the
Liberty
,
which
answers
me
,
and
returns
but
nine
of
the
Pannell
,
the
sherif
shall
be
amerced
,
and
not
the
Bailif
,
for
the
return
in
Law
is
not
good
,
8
H.
6.56
.
The
sherif
upon
a
Grand
Cape
returns
(
I
have
commanded
the
Bailif
of
the
Liberty
,
)
which
answers
me
,
that
he
hath
taken
the
Land
into
the
Kings
hands
,
and
doth
not
return
that
he
hath
summoned
the
Tenant
,
and
held
that
the
return
in
Law
is
not
good
,
and
for
that
the
Sherift
shall
be
amerced
,
4.
H.
6.25
.
If
the
Sherif
upon
a
Capias
makes
a
command
to
the
Bailif
to
arrest
one
,
and
he
takes
him
,
and
the
sherif
doth
not
return
the
Writ
,
by
Frowick
and
Brian
,
the
Bailif
shall
not
be
punished
but
the
sherif
,
10
H.
7.17
.
False
Imprisonment
against
a
Bailif
,
which
saith
that
a
Capias
came
to
the
sherif
and
the
sherif
commanded
him
being
a
travailing
Bailif
,
that
he
should
take
the
body
of
the
plaintif
,
which
he
did
so
,
the
Plaintif
saith
that
the
Writ
was
not
returned
.
And
by
Kingsmill
,
though
the
Bailif
were
Fined
,
it
shall
be
accounted
all
wrong
in
him
,
for
that
,
that
the
Writ
is
not
returned
,
20
H.
7.13
.
Contrary
by
Rede
,
and
Littleton
,
saith
,
that
Trespasse
doth
not
lie
against
a
servant
in
this
case
,
18
Ed.
4.10
.
If
the
sherif
himself
justifie
in
Trespasse
the
arrest
of
one
by
Capias
to
him
directed
,
he
ought
to
shew
that
he
hath
returned
the
writ
,
for
it
is
conditionall
(
so
that
you
have
his
body
here
,
&c.
3
H.
7.3
.
Where
the
Sherif
serves
a
Fieri
facias
,
and
levies
the
sum
,
and
doth
not
return
the
Writ
,
the
party
may
have
an
action
of
trespass
against
him
for
that
levy
,
21
H.
7.22
.
by
Kingsmill
.
The
same
Law
is
,
if
a
Bailiff
by
the
command
of
the
Sheriff
arrest
a
man
,
and
do
not
bring
him
to
the
Sheriff
,
false
imprisonment
lies
against
him
.
Capias
issued
to
the
Sherif
where
there
is
no
Orignall
,
and
he
arrests
the
party
and
returns
the
Writ
,
trespasse
doth
not
lie
against
him
.
If
the
Servant
of
the
Sheriffe
arrest
one
by
a
Precept
made
out
of
a
Capias
,
and
return
his
Precept
to
the
Sherif
,
and
the
Sheriffe
do
not
return
his
Capias
,
it
seems
,
that
false
imprisonment
lies
against
the
Servant
.
But
where
the
Bailiff
of
a
Liberty
arrests
one
by
a
Precept
out
of
a
Capias
,
made
to
him
by
the
Sheriffe
,
and
the
Sheriffe
do
no
not
return
the
Capias
,
it
seems
that
falle
imprisonment
lies
against
the
Sheriffe
,
and
not
against
the
Bailiffe
.
If
the
Sheriffe
make
a
Precept
to
his
Servant
,
or
to
another
to
be
a
Bailiffe
(
if
he
be
not
a
Bailiffe
of
the
Franchise
,
which
is
not
his
Servant
)
and
they
take
party
,
and
the
Sheriffe
doth
not
return
the
Writ
,
the
Bailiffe
is
a
Trespasser
,
unlesse
he
be
Bailiffe
of
the
Franchise
,
though
the
Bailiffe
return
his
Precept
to
the
Sheriffe
served
,
8
Ed.
4.18
.
and
13
H.
7.2
.
the
same
,
See
18
Ed.
4.9
.
and
28
Book
of
Assise
47.
Debt
against
an
Executor
,
which
pleads
nothing
in
his
hands
,
and
found
Assets
,
and
the
sheriffe
returns
upon
a
Fieri
facias
,
I
have
commanded
the
Bailiffe
of
the
Liberty
,
&c.
which
answereth
me
that
he
hath
no
goods
of
the
Testators
,
and
this
Return
is
not
good
,
for
it
is
contrary
to
the
Verdict
and
triall
,
and
yet
the
Sheriffe
shall
be
amerced
,
and
not
the
Bailiffe
,
for
that
,
that
the
Return
in
Law
is
not
good
,
and
the
Sheriffe
ought
to
have
knowledge
of
the
Law
,
5
H.
7.27
.
But
for
false
Return
,
the
Bailiffe
shall
be
amerced
.
3
H.
7
11.
the
same
.
Where
the
sheriffe
returns
I
have
commanded
the
Bailiffe
of
the
Liberty
,
which
hath
given
me
no
answer
,
there
shall
go
out
a
Non
omittas
.
The
sheriffe
Returns
,
I
have
commanded
the
Bailiffe
of
the
Liberty
,
and
for
that
,
he
doth
not
return
(
for
that
)
be
hath
nothing
within
the
Liberty
,
he
was
amerced
,
47
Ed.
3.2
.
The
sheriffe
returns
,
I
have
commanded
the
Bailiffe
of
the
Liberty
,
and
it
is
not
to
what
person
the
Liberty
is
,
and
for
that
by
Pigot
it
is
not
good
,
9
Ed
4.20
.
contrary
by
Dauby
,
see
1
H.
6.7
.
The
Sheriffe
returns
,
I
have
commanded
the
Bailiffe
of
the
Liberty
of
the
Franchise
of
the
Earl
of
Shrewsbury
,
and
for
that
,
that
it
is
not
,
(
for
that
)
the
Lands
were
within
the
Liberty
,
it
was
challenged
,
and
the
return
is
not
good
,
for
that
,
that
it
is
not
of
what
Liberty
,
if
he
have
more
,
and
for
that
he
ought
to
return
,
I
have
commanded
the
Bailiffe
of
the
Liberty
,
of
the
Franchise
,
of
the
Earl
of
Shrewsbury
of
Scarsdale
,
or
his
Liberty
of
high
Peak
,
&c.
which
hath
full
return
,
and
execution
of
all
the
Writs
in
the
said
Liberty
,
to
whom
it
belongeth
totally
to
make
execution
of
this
writ
,
which
truly
Bailiffe
so
answereth
me
,
&c.
1
H.
6.7
.
9
H.
6.33
.
Upon
a
Writ
to
inquire
of
Wa
st
,
the
Sheriffe
returns
,
I
have
commanded
the
Bailiffe
of
the
Liberty
,
which
hath
given
me
no
answer
,
and
the
sheriffe
was
amerced
,
for
he
ought
to
enter
,
and
go
to
the
place
wasted
,
for
that
is
the
statute
,
and
for
that
the
Franchise
shall
not
hold
place
,
11
H.
4.80
.
If
the
sheriffe
enter
into
any
Liberty
,
and
execute
Processe
there
,
without
a
(
non
omittas
)
the
Lord
of
the
Liberty
shall
have
a
Writ
of
Trespasse
upon
the
Case
against
him
,
Fitzh.
95
B.
The
sheriffe
returns
upon
the
Exigent
,
that
the
Defendant
is
dead
,
and
cannot
,
by
Prisot
,
and
also
upon
a
Capias
he
cannot
return
that
,
32
H.
6.33
.
The
sherif
returns
upo
a
Scire
facias
against
an
Abbot
,
that
he
is
deposed
,
by
which
he
cannot
warn
him
,
and
it
is
good
,
for
that
is
a
death
,
1
H.
6.2
.
and
2
H.
6.5
.
the
same
.
The
sherif
returns
upon
an
Exigent
that
the
defendant
is
dead
,
and
it
is
no
good
Return
,
for
he
ought
but
to
demand
him
,
and
if
he
appear
to
take
him
,
10
H
4.5
.
Upon
Pluries
Repleg
.
The
sherif
returns
that
the
beasts
are
dead
,
and
this
is
a
good
Return
,
and
he
need
not
return
that
the
beasts
are
driven
away
,
32
H.
6.32
.
In
Attaint
,
the
sherif
cannot
return
that
the
Defendant
is
dead
,
for
there
are
not
any
words
in
the
Writ
to
warn
the
Defendant
,
18
H.
8.5
.
Upon
a
Habeas
corpus
Jurat
.
the
sherif
returns
that
four
are
dead
,
and
may
,
and
upon
a
Distringas
thereof
,
he
returns
that
other
two
are
dead
,
and
may
,
10
Ed.
4.11
.
Upon
an
Habere
facias
Seisinam
,
and
upon
the
Grand
Cape
,
and
upon
Habere
facias
visum
,
a
return
that
none
,
came
of
the
part
of
the
complainant
,
&c.
is
a
good
return
,
13
H.
4.9
.
Upon
a
Writ
of
View
,
it
is
a
good
return
,
that
none
came
of
the
part
of
the
complainant
,
to
shew
him
the
Land
,
for
the
sherif
is
not
bound
to
know
the
Land
,
14
H.
6.20
.
The
statute
of
York
,
chap.
5.
saith
,
Where
one
is
outlawed
,
he
may
reverse
that
by
Error
,
for
that
in
Return
of
the
Alias
Capias
,
the
name
of
the
sherif
was
omitted
,
26
H.
8.4
.
Trespasse
against
an
Abbot
and
his
Monks
,
Assise
,
the
sherif
returns
he
hath
found
me
no
Pledges
,
and
the
writ
was
delivered
to
the
sherif
again
,
and
the
Plaintif
forthwith
found
Pledges
,
2
H.
4.22
.
Assise
against
a
Husband
and
his
wife
,
the
wife
shall
be
attached
by
goods
of
the
Husband
,
for
that
she
is
to
be
brought
in
by
her
Husband
,
7
H.
6.10
.
Upon
a
Habeas
corpora
,
against
a
Juror
,
the
sherif
cannot
return
that
he
hath
served
part
,
and
the
Bailif
of
the
Liberty
the
other
part
,
but
upon
a
Capias
against
divers
,
the
sherif
may
return
Cepi
corpus
of
one
,
and
I
have
commanded
the
Bailif
of
the
Liberty
of
another
,
The
sherif
upon
a
Habeas
corpus
with
Decem
tales
,
returns
that
he
hath
served
the
Habeas
corpus
,
and
to
the
Decem
tales
,
I
have
commanded
the
Bailif
of
the
Liberty
,
which
hath
served
the
residue
,
it
is
not
good
Return
,
8
H.
4.16
.
Distringas
Juratores
,
the
Sheriff
cannot
return
that
he
hath
distrained
some
,
and
the
Bailiff
of
the
Liberty
hath
served
the
rest
,
19
H.
6.
f.
48.
Upon
a
Distringas
with
Proclamation
upon
an
Ejectment
of
Ward
,
the
Sheriff
returnes
,
I
have
commanded
the
Bailiff
of
the
Liberty
,
which
answers
,
&c.
Issues
forty
pence
,
and
that
he
himself
hath
made
Proclamation
,
and
for
that
it
seems
that
the
Sheriff
ought
to
make
the
Proclamation
in
the
County
,
and
ought
to
serve
the
residue
,
2
H.
4.
f.
1.
In
a
Precipe
,
the
Sherif
returnes
,
I
have
commanded
the
Bailif
of
the
Liberty
,
who
answereth
me
so
,
&c.
a
good
Return
;
and
also
that
the
Bailif
takes
the
Pledges
,
and
for
that
that
he
tooke
the
Pledges
,
where
the
Sherif
ought
,
the
Sherif
was
amerced
,
and
Sicat
alias
was
awarded
,
14
H.
6.
f.
3.
Assise
,
the
Sherif
returnes
,
that
he
hath
taken
Pledges
,
and
that
the
Bailif
of
the
Liberty
hath
served
the
residue
,
and
though
part
be
served
by
the
Sherif
,
and
part
by
the
Bailif
,
it
is
good
;
for
if
the
Plaintif
do
not
finde
to
the
Sherif
Pledges
,
he
shall
make
no
Precept
to
the
Bailif
,
21
H.
7.
f.
14.
The
Sherif
by
the
statute
of
Westminster
,
Upon
a
Scire
facias
against
a
Chaplain
upon
a
Recovery
in
a
Quare
impedit
,
That
he
is
a
beneficed
Clerk
,
having
no
Lay
Fee
,
for
that
shall
not
be
returned
,
but
upon
a
Distringas
or
Capias
in
Debt
or
Trespasse
,
that
is
a
good
Return
,
and
there
shall
go
Venire
facias
Clericum
,
but
here
he
may
be
warned
by
his
person
,
32
H.
6.
f.
13.
If
the
Sherif
return
that
one
at
D.
Where
the
Sheriff
upon
a
Capias
returnes
,
I
have
taken
the
Body
,
and
that
J.
S.
and
J.
D.
made
a
Rescue
,
and
for
that
,
that
in
the
Return
there
is
not
of
what
place
,
it
is
not
good
,
10
Edw.
4.
fol.
17.
and
3
H.
7.
f.
11.
the
same
.
Where
Tenant
for
Life
,
One
may
be
warned
in
Scire
facias
by
his
person
,
his
Land
,
or
Goods
,
as
it
seems
by
32
H.
6.
f.
13.
Scire
facias
to
warn
two
upon
a
Writ
of
Detinue
,
the
Sherif
returnes
one
warned
,
and
that
the
other
(
hath
nothing
)
and
held
that
the
Sherif
shall
be
amerced
,
for
though
that
he
hath
nothing
,
he
ought
to
have
warned
him
by
words
,
that
is
his
Person
;
but
for
that
that
the
Return
was
read
,
and
was
(
He
hath
nothing
in
my
County
)
nor
is
found
in
the
same
,
it
was
good
,
for
he
cannot
warn
his
Person
,
1
H.
5.
f.
13.
The
Sherif
returnes
upon
a
Scire
facias
,
against
a
Parson
to
have
Execution
of
Arrearages
of
Annuity
,
that
the
Parson
hath
resigned
,
and
that
he
hath
no
Goods
,
and
it
is
good
,
and
may
take
notice
of
the
Resignation
,
2
Ed.
4.
f.
1.
Upon
a
Writ
of
Error
issued
Scire
facias
,
to
the
Heir
and
Ter-tenant
severally
,
to
come
together
if
they
thought
fitting
,
and
it
was
against
Husband
and
his
Wife
,
and
another
person
,
and
the
Sherif
returned
,
that
Scire
feci
L.
de
B.
&
Alice
his
wife
Tenants
of
so
much
,
and
R.
de
H.
tenant
of
so
much
severally
,
and
the
Return
good
,
though
the
Husband
and
the
wife
cannot
be
severed
,
3
H.
7.
f.
the
last
.
The
Sherif
returnes
upon
a
Scire
facias
,
against
an
Abbot
that
he
is
deposed
,
that
he
cannot
warn
him
,
and
this
is
good
,
for
he
is
dead
,
1
H.
6
f.
2.
The
Sherif
returnes
Scire
feci
,
by
A.
and
B.
without
saying
,
Good
and
lawfull
men
,
and
the
party
appears
,
and
good
,
8
H.
6.
f.
76.
Attaint
was
returned
by
the
Sherif
Nihil
,
Mortdancester
by
two
,
and
one
makes
default
,
by
which
issueth
a
Summons
to
prosecute
together
,
the
Sherif
upon
this
returnes
Nihil
,
and
award
,
that
they
shall
be
summoned
in
the
Land
demanded
,
44
Ed.
3.
f.
27.
Scire
facias
out
of
a
Fine
to
execute
that
,
and
two
make
default
,
and
in
a
Summons
to
prosecute
together
,
the
sherif
upon
that
returnes
Nihil
,
and
shall
be
amerced
,
for
they
shall
be
summoned
in
the
Land
in
Demand
,
10
H.
6.
f.
12.
The
same
Law
is
,
where
one
hath
aid
of
him
in
Reversion
and
in
a
summons
to
aid
,
he
shall
be
summoned
in
the
Land
demanded
.
A
Writ
of
Covenant
to
levy
a
Fine
,
the
Sheriff
returns
Nihil
,
and
for
that
shall
be
amerced
,
for
he
ought
to
have
Summoned
him
in
the
Lands
Demanded
,
10
H.
6.13
Where
aid
was
granted
,
and
the
Sherif
returns
that
the
Prayee
hath
nothing
whereby
he
may
be
summoned
,
by
which
Sicut
alias
,
was
awarded
in
the
Land
in
demand
,
23
Ed.
3.37
.
Debt
against
John
Burton
Parson
of
D.
The
Sherif
returns
at
the
Pluries
distringas
,
that
he
hath
resigned
,
and
it
is
a
good
return
,
2
H.
7.10
.
Scire
facias
,
against
an
Abbot
,
and
the
Sherif
returns
he
is
deposed
,
and
good
return
:
But
in
Scire
facias
,
against
a
Husband
and
his
Wife
,
Scire
facias
,
against
the
Parson
of
D.
to
have
Execution
of
arrerages
of
annuity
,
though
the
Sherif
return
that
he
hath
resigned
,
and
take
notice
of
that
,
it
is
a
good
return
,
2
Ed.
4.1
.
The
Sherif
returns
upon
a
Capias
,
Tarde
,
and
was
amerced
,
2
H.
4.8
.
Right
of
ward
at
the
Distringas
with
proclamation
,
the
Sherif
returns
Exitus
,
and
that
he
cannot
proclaim
that
,
for
that
it
came
too
late
,
and
there
shall
go
an
Alias
,
to
proclaim
that
only
,
and
shall
not
return
Issues
,
3
H.
4.6
.
In
Capias
of
appeale
of
Death
,
In
Assise
,
when
the
Writ
is
returned
,
Tarde
,
the
Clarks
do
not
make
Sicut
alias
,
but
enter
the
Writ
,
and
send
that
again
to
the
Sherif
to
be
served
,
9
Ed.
4.20
.
Forging
of
Deeds
,
Distringas
,
with
Decem
tales
,
of
that
was
awarded
against
the
Jury
,
and
the
principle
Jury
was
returned
Tarde
upon
the
distringas
,
and
the
Tales
served
,
and
the
return
was
awarded
good
,
for
where
the
Issues
are
to
be
returned
,
the
Sherif
ought
to
have
time
to
know
their
Land
,
but
upon
a
Capias
returned
Tarde
,
it
is
said
to
be
ill
,
But
inquire
,
because
it
is
used
,
21
H.
6.51
.
The
Sherif
returns
Writ
delivered
by
Bill
according
to
the
Statute
of
Westm.
2.
chap.
39.
Tarde
,
and
for
that
,
that
the
Sherif
refuseth
to
put
his
seale
,
others
put
their
seals
according
to
the
statute
,
and
the
Plaintif
hath
a
writ
to
the
Justices
of
assise
to
inquire
of
Dammages
,
29
Ass.
58.
Capias
,
to
have
Execution
against
an
Abbot
,
or
against
a
Bishop
if
it
be
returned
,
that
they
have
nothing
in
that
County
,
there
shall
go
out
Elegit
upon
the
Testatum
in
another
County
,
26
H.
8
8.
and
26
H.
8.17
.
Where
one
hath
recovered
in
a
Quare
impedit
,
and
hath
a
Writ
to
the
Bishop
,
which
refuseth
his
Clark
.
So
that
he
hath
a
Quare
non
admisit
,
Trespasse
against
a
Prior
,
the
sherif
returns
that
he
hath
nothing
,
and
how
he
hath
no
Land
there
,
he
shall
have
process
into
another
County
upon
a
Testatum
,
for
a
Prior
was
a
name
of
Dignity
,
and
for
that
shall
have
process
in
another
County
upon
Testatum
,
7.
H.
4.1
.
Where
the
sherif
returns
Nihil
,
Capias
doth
not
lie
against
a
Lady
,
Peer
of
the
Realme
,
Earl
or
Baron
.
But
there
shall
go
a
Testatum
in
another
County
,
but
where
they
do
wrong
,
as
if
they
essoigne
,
Distress
,
and
returns
that
by
the
Sherif
,
the
Capias
lies
for
the
wrong
,
11
H.
415.
If
the
Sheriffe
arrest
any
,
and
Rescue
is
made
,
by
Baron
,
Earl
,
or
Duke
,
if
the
Sheriffe
return
the
Rescue
,
Capias
lyes
,
1
H.
5
fol.
the
last
.
Wast
was
made
in
Reddale
,
and
upon
a
Writ
to
inquire
of
Waste
,
the
Sheriffe
returns
,
that
I
have
taken
an
Inqusition
at
Reddale
,
and
for
that
it
is
not
at
the
place
wasted
,
it
is
no
good
return
,
40
Ed.
3.20
.
and
27
H.
8.16
the
same
.
Waste
in
A.B.C.
and
D.
it
is
said
that
a
Writ
to
inquire
of
Waste
shall
be
returned
(
that
I
have
come
to
the
Tenements
aforesaid
,
and
the
Inquisition
taken
at
one
Town
shall
serve
for
all
,
34
H.
6.49
.
A.
returns
upon
a
Redisseisin
or
upon
a
Writ
to
inquire
of
Waste
,
(
that
I
came
to
the
Town
)
is
not
good
,
but
to
the
place
,
11
H.
4.6
.
Upon
a
Writ
to
inquire
of
waste
,
for
that
that
the
Sheriff
returns
,
(
I
have
commanded
the
Bailiffe
of
the
Liberty
,
which
hath
given
me
no
answer
)
he
was
amerced
,
for
he
ought
to
go
to
the
place
wasted
,
11
H.
4.80
.
Appeal
,
Venire
facias
,
(
Nihil
)
upon
a
Juror
,
and
adjudged
that
he
shall
be
amerced
,
but
he
may
return
that
the
Lands
are
recovered
against
the
Juror
,
or
that
the
Juror
was
Tenant
for
life
of
J.
S.
which
is
dead
,
or
other
speciall
matter
,
and
so
(
Nihil
)
19.
H.
6.38
.
Where
the
Parties
admit
one
such
(
Visne
)
where
there
is
no
such
,
the
Sherif
cannot
return
,
that
there
is
no
such
(
Visne
)
but
shall
make
the
Pannell
of
the
body
of
the
County
,
37
H.
6.12
.
A
(
Venire
facias
)
with
the
Pannell
was
returned
,
and
none
found
upon
the
Roll
,
but
(
sicut
alias
)
awarded
and
returned
,
and
upon
that
(
Habeas
corpora
)
and
Distringas
,
and
the
Iury
found
for
the
Plaintiffe
,
and
it
is
shewed
in
arrest
of
Iudgement
,
that
there
was
another
(
Venire
facias
)
with
a
Pannell
,
and
adiudged
that
it
shall
not
be
intended
to
be
there
lawfully
,
but
shall
be
taken
off
the
File
,
for
that
,
that
in
the
Roll
the
Entry
was
,
ad
quem
diem
Vicecomes
non
misit
breve
,
and
upon
that
it
was
awarded
the
sicut
alias
,
20
H.
6.17
.
Though
the
Venire
facias
,
is
Venire
facias
,
twelve
free
and
lawfull
men
,
yet
if
the
Sherif
return
twelve
onely
,
if
he
do
not
amend
that
,
he
shall
be
amerced
,
for
the
Iustices
will
not
alter
the
ancient
Form
,
for
the
mischeif
which
may
come
,
for
if
twelve
onely
be
returned
he
shall
not
have
a
Iury
without
a
Tales
,
2
H.
7.8
.
The
sherif
returns
a
Pannell
upon
Venire
facias
,
and
cometh
a
Bailif
of
the
Fee
,
and
shews
an
Indenture
by
which
he
hath
returned
certain
names
to
the
sherif
,
and
that
the
sherif
hath
returned
other
names
in
blemishing
his
return
,
and
prayeth
that
the
Iury
be
not
taken
,
and
it
was
not
allowed
,
30
Book
of
Assises
5.
Assise
,
(
Venire
facias
)
was
directed
to
the
Coroners
,
and
the
Pannell
was
returned
by
two
Coroners
,
where
there
are
four
,
and
therefore
the
(
Venire
facias
)
was
sent
back
again
,
and
after
was
returned
by
all
foure
,
31
Assise
20.
Venire
facias
Issued
to
the
Sheriff
,
which
returneth
,
Mandavi
in
Ballivo
libertatis
,
that
to
me
he
should
send
a
Pannel
,
and
this
is
returned
,
and
after
goeth
Tales
to
the
Sheriff
,
and
he
return
the
Tales
,
aledging
that
there
were
more
sufficient
within
the
Franchise
,
and
good
return
upon
this
speciall
matter
,
38
Ed.
3.29
.
Debt
against
the
sherif
,
18
H.
3.
and
H.
6.77
.
see
9.
H.
6
f.
10.
Precipe
,
(
Venire
facias
)
issued
to
the
sherif
,
and
he
was
outed
of
his
office
one
month
before
the
return
of
it
,
and
he
sent
the
(
Venire
facias
)
which
was
served
to
the
new
sherif
,
and
he
returned
another
Venire
facias
,
and
returned
that
Writ
late
,
and
it
seemeth
that
the
Writ
which
is
served
shall
be
28
Ed.
3.99
.
One
was
outlawed
,
and
Procla
mari
feci
was
returned
,
that
he
should
render
himself
to
the
sherif
of
London
,
where
it
should
be
Kent
,
and
the
outlawry
was
reversed
by
error
,
and
for
that
,
that
it
is
in
another
Term
,
it
seemeth
that
the
sherif
shall
not
amerced
,
27
H.
8.34
.
Debt
was
brought
by
I.S.
being
sherif
,
and
serves
the
Writ
,
and
it
is
good
,
and
may
serve
that
til
a
Venire
facias
14
H.
6.1
.
The
sherif
may
bring
a
Writ
of
debt
in
the
County
where
he
is
sherif
,
and
may
serve
it
,
and
return
it
,
and
may
find
pledges
to
prosecute
in
the
Chancery
,
14.
H.
6.19
.
Trespass
against
the
sherif
and
two
others
,
and
process
was
awarded
to
the
Coroners
,
and
the
sherif
was
found
not
guilty
,
and
the
Plaintif
prayed
a
(
Fiere
facias
)
to
the
sherif
and
could
not
have
it
,
for
that
the
process
before
was
to
the
Coroners
,
2
H.
6
12.
Debt
upon
a
Capias
,
the
sheriffe
returns
that
he
is
sick
in
Prison
,
and
yet
the
Defendant
was
received
to
appear
,
for
he
hath
day
by
Roll
,
and
the
Plaintif
was
demanded
,
and
did
not
come
,
and
was
non
suited
,
3
H.
6.3
.
If
the
the
sherif
return
in
one
Pannel
,
Johannis
D.
where
it
should
be
Johannes
D.
yet
that
is
good
,
for
false
Latin
is
not
materiall
in
a
return
,
2
H
4.8
.
If
the
sherif
return
upon
a
Capias
,
cepi
corpus
,
and
hath
not
the
body
,
he
shall
be
amerced
,
7
H.
4.11
.
The
Defendant
cannot
say
that
the
sherif
is
cozen
to
the
Plaintif
and
pray
(
Venire
facias
)
to
to
the
Coroners
,
for
if
it
be
so
,
he
may
have
his
challenge
and
quash
the
Jury
,
but
the
Plaintiffe
may
pray
that
3
H.
7.2
.
&
5.
Exigent
which
was
delivered
of
Record
was
imbezilled
,
and
the
Copy
of
that
returned
by
the
sheriff
,
and
he
was
amerced
for
returning
of
the
copy
to
30
l.
&
for
imbezilling
that
20
l.
3
E.
4.5
Debt
upon
an
Obligation
made
to
the
sheriff
,
by
one
let
to
mainprise
,
and
the
name
of
the
sherif
is
not
in
the
Obligation
as
ought
to
be
by
that
statute
of
23
H.
6.
cap.
10.
and
the
Defendant
may
shew
that
,
and
conclude
,
and
so
not
his
deed
,
7.
Ed.
4.5
.
Every
originall
writ
shall
be
to
the
sherif
as
assise
of
an
office
in
the
Common
place
,
but
processe
may
be
to
the
keeper
of
the
Pallace
,
3
Ed.
4.17
.
The
sheriff
nor
his
servant
cannot
break
a
close
to
make
a
Replevin
where
is
a
gate
,
unlesse
it
be
stopped
,
20
H.
6.30
.
The
sherif
,
and
the
Bailif
errant
,
sworn
and
known
,
may
arrest
one
without
shewing
him
a
Warrant
,
contrary
of
the
servant
of
the
sherif
,
which
is
not
an
office
sworn
and
known
,
8
Ed.
4.14
.
If
the
sherif
come
to
arrest
one
,
and
he
flie
,
he
may
pursue
him
,
and
take
him
in
another
County
,
but
not
assault
nor
beat
him
,
for
that
he
was
not
arrested
,
but
if
he
were
arrested
,
&
flie
into
another
County
with
his
sword
naked
in
his
hand
,
he
may
follow
him
,
&
assault
him
,
and
beat
him
,
and
take
him
,
2
Ed.
4.7
.
If
the
sherif
come
to
arrest
one
,
and
he
slie
into
another
County
,
there
he
may
freshty
pursue
and
arrest
him
,
11
Ed.
4.9
.
The
sherif
or
officer
may
break
a
house
to
take
a
Felon
,
but
he
cannot
break
a
house
to
arrest
one
upon
a
Capias
in
Debt
or
Trespasse
,
13
Ed.
4.8
.
The
sherif
upn
a
Fieri
facias
cannot
break
a
doore
or
chest
to
take
goods
in
Execution
,
for
if
he
doth
,
Trespasse
lieth
for
the
breaking
onely
,
18.
Ed.
4.4
.
Trespasse
against
the
sherif
for
taking
of
goods
,
he
may
iustifie
for
that
the
Exigent
of
Felony
was
awarded
to
him
,
and
that
he
took
them
,
and
he
might
iustifie
for
that
,
though
that
he
doth
not
say
,
that
he
accounted
to
the
King
,
but
a
Capias
ad
satisfaciendum
is
conditionall
,
3
H.
7.3
.
If
the
Sheriffe
attach
a
Cow
,
by
the
attachment
,
the
property
of
the
Cow
is
not
out
of
the
party
,
till
the
day
that
he
maketh
default
:
and
if
at
the
day
he
maketh
default
,
he
may
take
that
as
a
forfeit
,
although
he
leave
it
with
the
party
,
9
H.
7.6
.
and
34.
H.
6.53
.
Capias
for
Felony
,
the
Sheriffe
returns
Cepi
corpus
,
and
hath
not
the
body
at
the
day
,
by
which
he
was
amerced
a
hundred
shillings
for
the
escape
,
40
Assise
.
43.
See
the
sherif
may
serve
a
Writ
as
it
seemeth
with
three
hundred
men
if
need
be
,
3
H.
7.1
.
THE
MOST
USUAL
WRITS
which
have
been
used
in
the
Kings
Bench
,
and
are
most
like
to
continue
in
that
Court
,
now
called
the
Vpper
Bench
,
never
before
Printed
in
English
.
Latitat
.
THe
Keepers
of
the
Liberty
of
England
by
Authority
of
Parliament
,
to
the
Sheriffe
of
E.
Greeting
.
Whereas
We
have
lately
commanded
the
Sheriffe
of
the
County
of
Middlesex
,
that
he
should
take
A.B.
if
he
might
be
found
in
his
Bayliwick
,
and
him
safely
keep
,
so
that
he
might
have
his
body
before
us
in
the
Upper
Bench
at
Westminster
,
the
Thursday
next
after
the
fifteen
dayes
of
Easter
,
to
answer
to
C.
D.
in
a
Plea
of
Trespas
.
And
the
said
Sheriffe
of
Middlesex
at
that
day
returned
to
us
that
the
said
A.
B.
is
not
found
in
his
Bayliwick
.
Whereupon
on
the
behalf
of
the
said
C.
D.
in
the
Court
before
us
,
it
is
sufficiently
testified
,
that
the
said
A.
B.
doth
lurk
,
and
sculk
in
your
County
;
therefore
We
command
you
that
you
take
him
if
he
shall
be
found
in
your
Bayliwick
,
and
him
safely
keep
;
so
that
you
may
have
his
body
before
Us
in
the
Upper
Bench
at
Westminster
,
the
Wednesday
next
after
the
three
weeks
of
Easter
,
to
answer
the
said
C.D.
in
the
Plea
aforesaid
.
And
then
you
have
here
this
writ
,
Witnes
H.
Roll
at
Westminster
the
17th
day
of
April
,
in
the
yeer
of
our
Lord
1651.
Wightwicke
.
Alias
Capias
.
THe
Keepers
of
the
Liberty
of
England
by
Authority
of
Parliament
,
to
the
Sheriffe
of
E.
Greeting
.
We
command
you
,
as
formerly
We
have
you
commanded
,
that
you
take
A.
B.
if
he
shall
be
found
in
your
Bayliwick
,
and
him
safely
keep
,
so
that
you
have
his
body
before
Us
in
the
Upper
Bench
at
Westminster
on
Saturday
next
after
the
morrow
of
the
Ascension
of
our
Lord
,
to
answer
C.D.
in
a
Plea
of
Trespas
.
And
then
you
have
there
this
Writ
.
Witnes
H.
Roll
at
Westminster
the
17th
day
of
April
,
in
the
yeer
of
our
Lord
1651.
Wightwicke
.
Plures
Capias
.
THe
Keepers
of
the
Liberty
of
England
by
the
Authority
of
Parliament
,
to
the
Sheriffe
of
E.
Greeting
.
We
command
you
,
as
many
times
we
have
commanded
that
you
take
A.
B.
&c.
as
above
in
the
Writ
next
before
.
Bill
Middl.
Middl
:
ss:
It
is
commanded
to
the
Sheriffe
,
that
he
take
A.
B.
if
,
&c.
and
him
safely
,
&c.
so
that
he
have
his
body
before
the
Keepers
of
the
Liberty
of
England
,
by
the
Authority
of
Parliament
,
in
the
Upper
Bench
at
Westminster
on
Wednesday
next
after
the
month
of
Easter
,
to
answer
C.
D.
in
a
Plea
of
Trespas
.
And
then
he
have
here
this
precept
,
&c.
By
Bill
:
Wightwicke
.
Alias
Bill
.
MIddl
:
ss.
It
is
commanded
the
Sheriffe
,
as
it
was
formerly
commanded
,
that
he
take
A.
B.
&c.
as
above
in
the
Bill
of
Middlesex
.
Attachment
of
priviledge
.
THe
Keepers
of
the
Liberty
of
England
,
by
the
Authority
of
Parliament
,
to
the
Sheriffe
of
H.
Greeting
.
We
command
you
that
you
attach
A.
B.
if
he
shall
be
found
in
your
Bayliwick
,
and
him
safely
to
keep
;
so
that
you
have
his
body
before
Us
in
the
Upper
Bench
at
Westm.
on
Wednesday
,
&c.
(
reciting
the
return
)
to
answer
C.
D.
Gent.
one
of
the
Clerks
of
Samuel
Wightwicke
Esq
cheif
Clerk
assigned
to
inroll
Pleas
in
the
Upper
Bench
at
Westm.
&c.
in
a
Plea
of
Trespas
.
And
then
you
have
there
this
Writ
.
Witnes
H.
Roll
at
Westm
,
&c.
Habeas
Corpus
ad
●ac
&
rec
'
THe
Keepers
of
the
Liberty
,
&c.
Greeting
.
We
command
you
,
that
you
have
the
body
of
A.
B.
(
in
our
Prison
under
your
custodie
(
as
it
is
said
detained
)
under
safe
and
secure
conduct
,
together
with
the
day
,
and
cause
of
his
caption
,
and
detaining
by
that
name
soever
the
said
A
B.
be
censured
in
the
same
)
before
Us
in
the
Upper
Bench
at
Westminster
on
Saturday
next
after
the
morrow
of
All
Souls
,
to
do
,
and
receive
al.
,
and
every
those
things
which
the
Court
before
Us
in
the
Upper
Bench
at
Westm.
shall
consider
of
in
that
behalf
.
And
then
you
have
here
this
Writ
.
Witnes
,
&c.
Habeas
Corpus
retornable
before
a
Judge
immediately
.
THe
Keepers
,
&c.
(
as
above
in
the
Habeas
Corpus
untill
)
by
what
name
soever
the
said
A.
B.
be
censured
in
the
same
)
before
Henry
Roll
cheif
justice
,
assigned
to
hold
Pleas
in
the
Upper
Bench
at
Westm.
at
his
Chamber
in
Sergeants
Inne
in
Fleetstreet
,
London
,
immediately
after
the
receiving
of
this
Writ
,
to
do
,
and
receive
all
and
every
those
things
which
the
said
Cheif
Justice
,
then
,
and
there
shall
consider
of
in
that
behalf
.
And
then
you
have
here
this
Writ
,
&c.
Witnes
,
&c.
Habeas
Corpus
upon
a
cepi
Corpus
.
THe
Keepers
,
&c.
to
the
Sheriffe
of
O.
Greeting
.
We
command
you
that
you
have
the
body
of
A
B.
(
by
you
taken
,
and
in
our
prison
under
your
custody
detained
,
as
you
your self
to
us
in
the
Court
before
us
in
the
Upper
Bench
at
Westm.
formerly
by
you
sent
,
have
thereby
charged
your self
)
before
us
in
the
Upper
Bench
at
Westm.
&c.
(
reciting
the
Return
)
to
answer
C.D.
in
a
Plea
of
Trespas
.
And
then
you
have
there
this
writ
.
Witnes
,
&c.
Habeas
Corpus
ad
satisfaciendum
.
THe
Keepers
,
&c.
(
as
above
untill
the
Return
)
next
after
,
&c.
to
satisfie
C.
D.
as
well
of
one
hundred
li.
of
debt
,
as
40
s.
for
his
damages
which
he
sustained
,
as
well
by
occasion
of
detaining
of
that
Debt
,
as
for
his
Costs
and
charges
by
him
,
about
his
Suit
,
in
that
behalf
disbursed
.
And
further
to
do
,
and
receive
all
,
and
every
those
things
,
&c.
(
as
above
in
the
Habeas
Corpus
ad
fac'
&
rec'
.
Procedendo
THe
Keepers
of
the
Liberty
,
&c.
Greeting
.
Although
we
have
lately
commanded
you
by
our
Writ
,
that
you
should
have
the
body
of
A.
B.
(
in
Our
prison
under
your
custodie
,
as
it
was
said
,
detained
under
safe
and
secure
conduct
,
together
with
the
day
and
cause
of
his
caption
,
and
detention
,
by
what
name
soever
the
said
A.
B.
should
be
censured
in
the
same
)
before
Us
in
the
Upper
Bench
at
Westm.
on
,
&c.
(
as
the
Return
was
in
the
Habeas
Corpus
)
last
past
,
to
do
,
and
receive
all
,
and
every
those
things
which
the
Court
before
Us
in
the
Upper
Bench
at
Westminster
shall
then
,
and
there
,
consider
or
in
that
behalf
.
Yet
we
being
now
moved
with
certain
causes
in
the
same
Court
before
Us
in
the
Upper
Bench
at
Westminster
,
We
command
you
,
and
every
of
you
,
that
in
whatsoever
Plaints
or
Suits
against
him
,
the
said
A.
B.
at
the
Suit
of
C.
D.
in
the
Court
before
you
,
or
any
of
you
leavied
,
or
affirmed
;
and
before
you
,
or
any
of
you
now
depending
undetermined
,
in
such
manner
you
proceed
with
what
celeritie
you
can
,
as
according
to
the
Law
,
and
custome
of
this
Nation
you
think
to
be
expedient
;
Our
Writ
aforesaid
to
you
formerly
directed
to
the
contrary
notwithstanding
.
Witnes
,
&c.
Supersedeas
when
the
Defendant
appears
,
and
files
common
Bail
.
THe
Keepers
,
&c.
Greeting
.
Whereas
by
our
Writ
,
we
have
lately
commanded
you
,
that
you
should
take
A.
B.
if
,
&c.
(
recite
as
is
in
the
Alias
Capias
till
these
words
)
to
answer
C.
D.
in
a
Plea
of
trespas
.
And
because
the
said
A.
B.
in
the
Court
before
us
,
in
the
Upper
Bench
at
Westm.
hath
appeared
at
the
day
,
and
place
in
the
said
Writ
contained
,
to
answer
the
said
C.
D.
according
to
the
form
and
effect
of
the
said
Writ
;
Therefore
we
command
you
,
that
you
for
ever
supersede
from
further
attaching
,
Imprisoning
,
or
him
the
said
A.
B.
for
that
cause
any
way
molesting
;
And
if
you
have
taken
him
for
that
cause
and
no
other
,
then
upon
your
perill
without
delay
you
cause
him
to
be
freed
,
delivered
from
the
Prison
,
where
he
is
so
detained
.
Witnesse
,
&c.
Supersedeas
upon
a
Capias
ad
satisfaciendum
,
when
the
Plaintiffe
hath
acknowledged
satisfaction
THe
Keepers
of
,
&c.
Greeting
.
Although
by
our
Writ
we
have
lately
commanded
you
,
that
you
should
take
A.
B.
if
,
&c.
(
Reciting
the
execution
untill
these
words
)
as
it
doth
appear
to
us
upon
record
,
yet
because
the
said
C.
D.
in
the
same
Court
before
us
in
the
Upper
Bench
at
Westminster
,
did
acknowledg
that
he
is
satisfied
for
the
debt
and
damages
aforesaid
,
therefore
we
command
you
that
you
for
ever
supersede
from
taking
,
attaching
,
Imprisoning
,
or
him
the
said
A.
B.
for
that
cause
any
waies
molesting
.
And
if
you
have
taken
him
,
the
said
A.
B.
for
that
cause
(
and
no
other
)
then
without
delay
upon
your
perill
,
you
cause
him
to
be
delivered
from
the
Prison
where
he
is
so
detained
,
if
for
that
cause
and
no
other
,
he
is
detained
.
Witnes
,
&c.
Subpena
.
THe
Keeper
,
&c.
to
J.
B.
and
C.
D.
Greeting
,
we
command
you
,
and
both
of
you
,
notwithstanding
,
all
and
every
busines
and
excuses
whatsoever
,
that
you
be
in
your
proper
persons
,
before
Henry
Roll
Cheif
Justice
assigned
,
to
hold
Pleas
in
the
Upper
Bench
at
Westminster
on
Friday
the
29th
.
day
of
November
,
at
Guild-Hald
London
there
to
testify
all
and
every
those
things
,
according
to
your
,
and
both
of
your
knowledg
and
notice
,
which
you
,
or
either
of
you
have
known
,
in
a
certain
action
,
now
depending
in
the
Upper
Bench
at
Westminster
undetermined
▪
between
E.
F.
Plaintiffe
,
and
H.
J.
Defendant
,
in
a
Plea
of
trespas
,
and
ejectment
to
be
tried
between
the
said
Parties
by
a
Jurat
of
the
Country
.
And
this
in
no
wise
you
omit
,
neither
either
of
you
omit
,
upon
the
penalty
of
either
of
you
,
of
a
hundred
pound
.
Witnes
,
&c.
Subpena
to
testifie
before
the
Sheriffs
of
London
.
THe
Keeper
,
&c.
(
as
above
untill
these
words
)
proper
persons
before
the
Sheriffes
of
London
,
the
15th
.
day
of
May
,
about
one
a
clock
in
the
afternoon
of
the
same
day
,
at
Guild-Hall
London
,
to
testifie
,
&c.
(
as
above
untill
)
the
day
and
place
aforesaid
,
to
be
inquired
of
before
the
said
Sheriffes
,
by
the
Oath
of
twelve
honest
and
lawfull
men
of
the
City
of
London
aforesaid
.
Witnes
,
&c.
Venire
facias
.
THe
Keeper
,
&c.
to
the
Sheriffe
of
London
,
Greeting
.
We
command
you
that
you
cause
to
come
before
Us
in
the
Upper
Bench
at
Westminster
on
Wednesday
,
&c.
twelve
free
,
and
lawfull
men
of
the
visne
of
the
Parish
of
Blessed
Mary
of
Bowe
,
in
the
Ward
of
Cheap
,
London
,
every
one
of
which
hath
foure
pounds
of
Lands
,
Tenements
,
or
Rents
by
the
yeer
at
the
least
,
by
whom
the
truth
of
the
matter
may
better
be
known
.
And
which
neither
the
said
A.
B.
Plaintiffe
,
nor
C.
D.
to
happen
into
any
affinity
,
to
make
a
certain
Jurat
between
the
parties
aforesaid
of
a
Plea
of
Debt
,
because
as
well
the
said
C.
D.
as
the
said
A.
B.
between
whom
therof
there
is
contention
,
have
put
themselves
into
that
Jurat
.
And
then
you
have
there
the
names
of
the
Jurors
.
And
this
Writ
.
Witnes
,
&c.
Venire
facias
with
a
Proviso
.
THe
Keeper
,
&c.
(
as
above
untill
these
words
)
have
put
themselves
in
that
Jurat
.
Alwayes
provided
,
that
if
two
Writs
shall
therby
come
to
you
,
you
onely
execute
and
return
one
of
them
.
And
then
you
have
there
the
names
of
the
Jurors
.
And
this
Writ
.
Witnes
,
&c.
Also
the
Distringas
Jur.
may
be
made
with
a
proviso
.
Distringas
Jur.
THe
Keepers
of
,
&c.
to
the
Sheriffes
of
London
.
Greeting
.
We
command
you
that
you
distrain
A.
B.
&c.
(
naming
the
24.
Jurors
)
Jurors
summoned
before
Us
in
the
Upper
Bench
at
Westminster
,
between
A.
B.
Plaintiffe
,
and
C.
D.
by
all
their
Lands
and
Chattels
in
your
Bayliwick
,
so
that
neither
they
,
nor
any
by
them
put
hands
to
those
thing
,
untill
you
have
thereof
another
Precept
from
us
.
And
that
of
the
issues
thereof
you
answer
to
us
.
so
that
you
have
their
Bodies
before
us
in
the
Upper
Bench
at
Westminster
on
Wednesday
next
after
five
weeks
of
Easter
;
or
before
our
faithfull
and
well
beloved
Henry
Roll
,
Cheif
Justice
,
assigned
to
hold
Pleas
in
the
Court
before
Us
in
the
Vpper
Bench
at
Westminster
,
if
first
he
come
on
Tue●day
the
●1
.
day
of
May
at
Guild-Hall
London
,
by
the
form
of
the
Statute
in
such
case
lately
made
,
and
provided
,
to
make
a
certain
Jurat
between
the
said
parties
in
a
Plea
of
Debt
.
And
to
hear
their
Judgement
of
many
defaults
.
And
then
you
have
here
the
names
of
the
Jurors
.
And
this
Writ
.
Witnes
,
&c.
Distring
.
〈…〉
the
Issue
at
the
Bar.
THe
Keeper
,
&c.
(
as
above
untill
these
words
)
so
that
you
have
their
Bodies
before
Us
in
the
Upper
Bench
at
Westminster
,
on
,
&c.
next
after
,
&c.
to
make
a
certain
Jurat
between
the
said
parties
in
a
Plea
of
Trespas
,
and
E●ectment
.
And
thereby
to
hear
their
Judgement
,
&c.
And
you
have
,
&c.
(
as
above
.
)
Distring
,
〈…〉
.
THe
Keeper
,
&c.
Greeting
.
We
command
you
,
that
you
distrain
A.
B.
Esquire
,
lately
Sheriffe
of
your
County
,
by
all
his
Lands
,
and
Chattels
;
so
that
neither
he
,
nor
any
by
him
,
put
hands
to
those
things
,
untill
you
have
thereof
another
Precept
from
us
.
And
that
of
the
Issues
thereof
you
answer
to
us
,
so
that
you
have
the
Body
of
C.
D.
(
by
him
taken
,
and
in
our
prison
under
his
custody
detained
,
as
he
himself
by
his
Return
to
us
in
the
Court
before
Us
in
the
Upper
Bench
at
Westminster
,
formerly
thereunto
by
him
sent
,
hath
charged
himself
)
before
us
in
the
Upper
Bench
at
Westm.
on
,
&c.
next
after
,
&c.
to
answer
E.
F.
in
a
Plea
of
Trespas
.
And
then
you
have
here
this
Writ
.
Witnes
,
&c.
Writ
of
Inquiry
.
THe
Keepers
,
&c.
Greeting
.
Whereas
A
:
B.
lately
in
the
Court
before
us
in
the
Upper
Bench
at
Westminster
by
a
Bili
without
our
Writ
,
and
by
judgment
of
the
said
Court
had
impleaded
C.
D.
of
E.
in
the
County
of
F.
Yeoman
for
that
,
(
that
is
to
say
)
that
wherea●
one
J.
H.
the
19th
day
of
April
,
in
the
year
of
our
Lord
,
one
thousand
six
hundred
and
fifty
,
at
L.
in
the
County
aforesaid
,
had
demised
,
granted
,
and
to
farm
,
let
,
&c.
(
And
so
recite
the
Declarat'
)
And
thereupon
,
then
produced
the
Suit
,
&c.
Such
like
processe
thereupon
,
is
taken
before
us
in
the
same
Court
,
that
the
said
A.
B.
ought
to
recover
his
damages
against
the
said
C.
D.
by
reason
of
the
premises
,
but
because
now
it
is
unknown
what
damage
the
said
A.
B.
in
that
behalf
sustained
;
Therefore
we
command
you
,
that
by
the
Oath
of
honest
and
lawfull
men
of
your
Bayliwick
,
you
diligently
enquire
what
damages
,
the
said
A.
B.
aswell
by
reason
of
the
premises
,
as
for
his
costs
and
charges
by
him
about
that
Suit
,
in
that
behalf
disbursed
And
the
inquisition
which
you
shall
thereby
take
,
you
make
manifest
before
us
in
the
Upper
Bench
at
Westminster
,
on
,
&c.
under
your
Seal
,
and
the
Seals
of
them
by
the
Oath
,
of
whom
you
take
tha●
inquisition
,
together
with
this
Writ
:
Witnes
,
&c.
Exigent
.
THe
Keeper
,
&c.
To
the
Sheriffes
of
London
Greeting
,
we
command
you
,
that
you
make
A.
B.
lately
of
C.
in
the
County
of
C.
Gent.
to
be
required
from
husting
to
husting
,
untill
according
to
the
Law
,
and
custome
of
England
,
he
be
out-lawed
if
he
shall
not
appear
;
And
if
he
shall
appear
then
,
you
take
and
cause
him
safely
to
be
kept
,
so
that
you
may
have
his
Body
before
us
in
the
Upper
Bench
,
in
the
fifth
week
after
Easter
,
wheresoever
we
shall
then
be
in
England
to
answer
C.
D.
in
a
Plea
,
that
whereas
the
said
C.
D.
and
A.
B.
at
London
,
had
accounted
together
of
divers
sums
of
money
,
being
before
that
time
due
to
the
said
C.
D.
from
the
said
A.
B.
and
being
then
behind
and
unpaid
;
And
upon
that
account
the
said
A.
B.
was
then
and
there
found
in
arrerages
to
the
said
C.
D.
in
a
hundred
pounds
of
lawfull
English
money
,
the
said
A.
B.
(
in
consideration
thereof
)
did
assume
and
to
the
said
C
D.
there
faithfully
promised
,
that
he
the
said
A.
B.
would
pay
,
that
men
〈…〉
the
said
C.
D.
yet
t●●
said
A.
B.
hath
not
yet
paid
the
said
money
to
the
said
C.
D.
although
he
hath
been
therunto
required
to
pay
the
same
,
to
the
damage
of
the
said
C.
D.
one
hundred
and
twenty
pounds
as
he
saith
,
and
whereupon
you
your selves
have
sent
to
us
,
that
the
said
A.
B.
is
not
found
in
your
Bayliwick
,
and
you
have
here
this
Writ
:
Witnes
,
&c.
Proclamation
sur'
Exigent
.
THe
Keepers
of
the
Liberty
,
&c.
To
the
Sheriffe
of
Cornwell
Greeting
.
Whereas
by
our
Writ
,
we
have
lately
commanded
the
Sheriffe
of
London
,
that
he
should
cause
A.B.
of
C.
in
your
County
Gent.
to
be
required
from
husting
to
husting
,
untill
he
be
out-lawed
,
according
to
the
Law
and
custome
of
England
,
if
he
should
not
appear
,
and
if
he
should
appear
,
then
they
should
cause
him
safely
to
be
kept
,
so
that
they
should
have
his
body
before
us
in
the
fifth
week
after
Easter
,
wheresoever
we
should
then
be
in
England
,
to
answer
C.
D.
in
a
Plea
,
that
whereas
the
said
C.
D.
&c.
(
And
so
recite
as
is
in
the
exegent
till
you
are
past
these
words
)
as
he
saith
,
(
then
write
on
)
we
command
you
according
to
the
statute
made
&
provided
in
the
one
and
thirtieth
year
of
the
Lady
E●izabeth
lately
Queen
,
you
cause
to
be
proclaimed
the
said
A.
B.
at
three
several
dayes
,
according
to
the
form
of
that
statute
,
whereof
one
Proclamation
thereof
shall
be
made
,
at
or
neer
the
most
usuall
door
of
the
Church
of
C.
in
your
County
,
so
that
he
may
render
himself
to
the
Sheriffes
of
London
,
to
answer
the
said
C.
D.
of
the
said
Plea
.
And
you
have
here
this
Writ
:
Witnes
,
&c.
C●●ias
utlegat'
.
THe
Keeper
,
&c.
To
the
Sheriffes
of
C.
Greeting
.
We
command
you
that
you
do
not
omit
from
any
liberty
within
your
County
,
but
take
A.
B.
of
,
&c.
And
him
safely
keep
,
so
that
you
have
his
body
before
u●
in
the
Upper
Bench
in
&c.
(
Reciting
the
return
)
wheresoever
we
shall
then
be
in
England
,
to
stand
right
in
Court
before
us
in
the
Upper
Bench
,
upon
a
certain
Outlawry
against
him
the
said
A.
B.
at
the
suit
of
C.
D.
in
a
Plea
of
debt
,
at
the
hustings
of
the
Common
Pleas
,
holden
in
London
,
on
Munday
,
&c.
In
the
year
of
our
Lord
one
thousand
six
hundred
and
fifty
,
in
the
Court
of
London
pronounced
.
And
you
have
there
this
Writ
.
Witnes
,
&c.
Capias
ad
satisfaciendum
in
a
Plea
of
Debt
.
THe
Keepers
of
the
Liberty
,
&c.
Greeting
.
We
command
you
,
that
you
take
A.
B.
if
he
be
found
in
your
Bayliwick
;
And
him
safely
to
keep
,
so
that
you
have
his
body
before
us
in
the
Upper
Bench
at
Westm.
on
Wednesday
next
after
the
five
weeks
of
Easter
,
to
satisfie
C.
D.
of
100
li.
of
Debt
;
and
also
21
s.
for
his
dammages
,
which
he
sustained
as
well
by
occasion
of
detaining
of
that
Debt
,
as
for
his
Costs
and
charges
by
him
about
his
Suit
in
that
behalf
disbursed
,
whereof
he
is
convicted
,
as
it
doth
appear
to
Us
upon
Record
.
And
then
you
have
here
this
Writ
.
Witnes
H.
Roll
at
Westm.
the
17th
day
of
April
in
the
yeer
of
our
Lord
,
1651.
Wightwicke
.
Testat
.
Inde
.
THe
Keepers
of
the
Liberty
,
&c.
to
the
Sheriffe
of
H.
Greeting
.
Whereas
we
have
lately
commanded
the
Sheriffs
of
London
,
that
they
should
take
A.
B.
if
he
might
be
found
in
their
Bayliwick
;
And
him
safely
keep
,
so
that
they
should
have
his
body
before
Us
in
the
Upper
Bench
at
Westminster
,
at
a
certain
day
now
past
,
to
satisfie
C.
D.
of
a
hundred
pounds
of
Debt
;
and
also
one
&
twenty
shillings
for
his
damages
which
he
sustained
,
as
well
by
occasion
of
detaining
of
that
Debt
,
as
for
his
Costs
and
charges
by
him
about
his
Suit
in
that
behalf
disbursed
:
whereof
he
is
convicted
,
as
it
doth
appear
to
us
upon
Record
.
And
the
said
Sheriffs
of
London
at
that
day
returned
to
Us
,
that
the
said
A
B.
is
not
found
in
their
Bayliwick
.
Wherupon
on
the
behalf
of
the
said
C.
D.
in
the
Court
before
Us
is
sufficiently
testified
,
that
the
said
A.
B.
doth
lurk
,
and
sculk
in
your
County
;
therefore
we
command
you
,
that
you
take
him
if
he
be
found
in
your
Bayliwick
,
and
him
safely
keep
,
so
that
you
may
have
his
body
before
Us
in
the
Upper
Bench
at
Westminster
,
on
Wednesday
next
after
the
three
weeks
of
Easter
,
to
satisfie
the
said
C.
D.
of
the
Debt
and
damages
aforesaid
.
And
then
you
have
here
this
Writ
.
Witnes
,
&c.
Capias
ad
satisfaciendum
after
judgement
affirmed
in
a
Writ
of
Error
,
and
for
damages
for
the
Plaintiffe
,
being
the
Defendant
did
thereby
delay
Execution
.
THe
Keeper
,
&c.
(
as
above
in
the
Capias
ad
satisfaciend
:
till
these
words
)
to
satisfie
C.
D.
of
a
hundred
pounds
of
Debt
,
&
also
40
s.
which
were
adjudged
to
the
said
C.D.
in
the
Court
of
the
Common
Pleas
at
Westminster
,
before
Oliver
St.
John
,
and
the
other
Justices
his
Associates
,
for
his
damages
which
he
had
by
reason
of
detaining
of
that
Debt
,
whereof
he
is
convicted
,
as
by
the
inspection
of
the
Record
,
and
Processe
thereupon
,
which
we
lately
for
certain
causes
have
caused
to
come
in
the
Court
before
Us
in
the
Upper
Bench
at
Westminster
;
And
which
in
the
same
Court
now
remaining
,
doth
appear
to
us
upon
Record
;
And
also
five
pounds
which
in
the
same
Court
before
us
in
the
Upper
Bench
at
Westminster
,
according
to
the
form
of
the
Statute
,
in
such
case
thereupon
lately
made
,
and
provided
,
were
adjudged
to
the
said
C.
D
for
his
damages
,
costs
,
and
expences
,
which
he
had
by
reason
of
the
delay
of
execution
of
the
Judgment
aforesaid
,
by
reason
of
prosecut●●●
of
a
certain
Writ
of
Error
,
by
him
the
said
A.
B.
in
the
same
Court
,
before
us
in
the
Upper
Bench
at
Westminster
,
prosecuted
in
,
and
upon
the
Premises
,
as
it
doth
also
appear
to
us
upon
Record
;
And
you
have
there
this
Writ
.
Witnes
,
&c.
Capias
ad
satisfaciendum
against
Manucaptors
in
a
Plea
of
Debt
.
THe
Keeper
,
&c.
Greeting
.
We
command
you
that
you
take
A.
B.
and
C.
D.
(
writing
the
addition
as
it
is
in
the
Bail
peice
)
Manucaptors
of
E
:
F
:
of
,
&c.
(
as
above
in
the
first
Capias
ad
satisfaciendum
,
untill
these
words
)
to
satisfie
G
:
H
:
of
30
li.
of
Debt
,
and
20
s.
for
his
damages
,
&c.
(
as
above
in
the
first
Capias
,
&c.
untill
these
words
)
disbursed
,
whereof
the
said
G
:
H
:
is
convicted
,
as
it
doth
appear
to
us
upon
Record
;
And
whereof
in
the
same
Court
before
Us
in
the
Upper
Bench
at
Westm.
it
is
considered
,
that
the
said
G
:
H
:
shall
have
his
Execution
against
the
said
A
:
B
:
and
C
:
D
:
of
the
Debt
,
and
damages
aforesaid
,
according
to
the
force
,
form
,
and
effect
of
the
Recognisance
by
them
the
said
A
:
B
:
and
C
:
D
:
to
the
said
G
:
H
:
for
the
said
E
:
F
:
in
the
Court
before
Us
in
the
Upper
Bench
at
Westm.
acknowledged
.
And
then
you
have
here
this
Writ
.
Witnes
,
&c.
The
same
against
the
Plaintiffe
for
not
prosecuting
his
Action
.
THe
Keeper
,
&c.
(
as
above
in
the
first
Capias
ad
satisfaciendum
,
untill
these
words
)
to
satisfie
C
:
D
:
of
six
pounds
,
which
in
the
Court
before
Us
in
the
Upper
Bench
at
Westm.
were
adjudged
to
the
said
C
:
D
:
according
to
the
form
of
a
Statute
in
such
case
lately
made
,
and
provided
,
for
his
costs
and
charges
by
him
about
his
defence
in
a
certain
Action
of
Trespas
,
at
the
Suit
of
the
said
A
:
B
:
in
the
same
Court
before
Us
in
the
Upper
Bench
at
Westm.
sustained
;
whereof
the
said
A
:
B
:
is
convicted
,
as
it
doth
appear
to
us
upon
Record
.
And
then
you
have
here
this
Writ
.
Witnes
,
&c.
The
same
for
damages
in
breaking
Covenant
THe
Keeper
,
&c.
Greeting
,
&c.
(
as
above
in
the
former
directions
)
to
satisfie
C
:
D
:
of
7
li.
for
his
damages
which
he
sustained
by
reason
of
certain
Covenants
made
to
the
said
C
:
D
:
by
the
said
A
:
B
:
lately
broken
,
as
also
for
his
Costs
and
charges
,
&c.
(
as
the
first
Capias
ad
satisfac
'
to
the
end
.
)
If
for
trespasse
,
thus
.
THe
Keeper
,
&c.
(
as
before
untill
these
words
)
to
satisfie
C
:
D
:
7
li.
for
his
damages
which
he
sustained
as
well
by
reason
of
a
certain
Trespas
done
to
the
said
C.
D
:
by
the
said
A
:
B
:
as
for
his
Costs
,
&c.
(
according
to
the
directions
in
the
former
.
)
If
for
trespas
upon
the
Case
,
thus
.
THe
Keeper
,
&c.
(
as
above
untill
these
words
)
to
satisfie
C
:
D
:
of
10
li.
for
his
damages
which
he
sustained
,
as
well
by
reason
of
a
certain
Trespas
upon
the
Case
lately
done
to
the
said
C
:
D
:
by
the
said
A
:
B
:
as
for
his
Costs
,
&c.
(
as
in
the
former
directions
next
before
.
)
If
for
performance
o●
promise
.
thus
.
THe
Keeper
,
&c.
to
satisfie
C
:
D
:
of
10
li.
for
his
damages
which
he
sustained
as
well
by
reason
of
not
performing
of
certain
promises
and
assumptions
lately
made
to
the
said
C
:
D
:
by
the
said
A
:
B.
as
for
his
costs
,
&c.
(
as
above
.
)
The
same
for
costs
for
the
Defendant
upon
a
Verdict
at
the
Assizes
against
the
Plaintiffe
.
THe
Keeper
,
&c.
(
as
above
untill
these
words
)
to
satisfie
C
:
D
:
of
40
s.
for
his
costs
and
charges
by
him
disbursed
,
about
his
defence
in
a
certain
Plea
of
Trespas
upon
the
Case
,
at
the
Suit
of
the
said
A
:
B
:
prosecuted
in
the
Court
before
us
in
the
Upper
Bench
at
Westm.
And
then
you
have
here
this
Writ
.
Witnes
,
&c.
Fieri
facias
in
a
Plea
of
Debt
.
THe
Keepers
of
the
Liberty
,
&c.
To
the
Sheriffe
of
Leicestershire
,
Greeting
.
We
command
you
,
that
you
cause
to
be
made
of
the
goods
and
Chattels
of
the
said
A.
B.
in
your
Bayliwick
,
as
well
a
certain
debt
of
fourty
pounds
,
which
C.
D.
lately
in
the
Court
before
us
at
the
Upper
Bench
at
Westminster
,
recovered
against
the
said
A.
B.
as
also
one
and
twenty
Shillings
,
which
to
the
said
C
:
D.
in
the
same
Court
,
were
adjudged
for
his
damages
which
he
sustained
,
aswell
by
occasion
of
detaining
of
that
debt
,
as
for
his
costs
and
charges
by
him
about
his
Suit
,
in
that
behalf
disbursed
,
whereof
the
said
A.
B.
is
convicted
,
as
it
doth
appear
to
us
upon
Record
.
(
when
the
Judgment
is
renued
by
a
Scir'
fac
'
;
then
this
sentence
is
to
be
in
the
execution
)
wherof
in
the
same
Court
before
us
in
the
Upper
Bench
at
Westminster
it
is
considered
,
that
the
said
C.
D.
may
have
his
execution
against
the
said
A
:
B
:
according
to
the
force
,
form
,
and
effect
of
the
recovery
aforesaid
)
And
you
have
that
monies
before
us
in
the
Upper
Bench
at
Westminster
,
on
Friday
next
after
the
morrow
of
the
holy
Trinity
,
to
restore
to
the
said
C.
D.
for
his
debt
and
damages
aforesaid
,
and
then
you
have
here
this
Writ
.
Witnes
,
&c.
A
Testatum
thereupon
.
THe
Keeper
,
&c.
To
the
Sheriffe
of
Middl
:
Greeting
.
Whereas
we
have
lately
commanded
the
Sheriffe
of
London
,
that
they
should
cause
to
be
made
of
the
goods
and
Chattels
of
A.
B.
in
their
Bayliwick
,
aswell
a
certain
debt
of
one
hundred
pounds
,
(
which
C.
D.
in
the
Court
before
us
in
the
Upper
Bench
at
Westminster
,
lately
recovered
against
the
said
A.
B.
as
also
one
and
twenty
shillings
,
which
to
the
said
C.
D.
in
the
same
Court
,
were
adjudged
for
his
damages
which
he
sustained
,
aswell
by
occasion
of
detaining
of
that
debt
,
as
for
his
costs
and
charges
by
him
,
about
his
Suit
in
that
behalf
disbursed
,
whereof
the
said
A.
B.
is
convicted
,
as
it
doth
appear
to
us
of
Record
.
And
that
they
should
have
those
monies
,
before
us
in
the
Upper
Bench
at
Westminster
,
at
a
certain
day
now
past
,
to
restore
to
the
said
C.
D.
for
the
debt
and
damages
aforesaid
.
And
the
said
Sheriffes
of
London
at
the
day
,
have
returned
to
us
,
that
the
said
A
:
B.
hath
nothing
in
their
Bayliwick
whereby
they
might
cause
to
be
made
the
debt
and
damages
,
or
any
parcell
thereof
,
whereupon
,
on
the
behalf
of
the
said
C.
D.
in
the
Court
before
us
it
is
sufficiently
testified
,
that
the
said
A
:
B.
hath
goods
and
Chattels
sufficient
in
your
Bayliwick
,
whereof
you
may
make
or
cause
to
be
made
,
the
debt
and
damages
aforesaid
;
Therefore
we
command
you
,
that
you
cause
to
be
made
of
the
goods
and
Chattels
of
the
said
A.
B.
in
your
Bayliwick
,
the
said
hundred
pounds
of
debt
,
&
the
said
one
and
20
s.
for
damages
aforesaid
.
And
you
have
there
those
monies
before
us
in
the
Upper
Bench
at
Westminster
on
Thursday
,
next
after
the
eight
dayes
of
the
holy
Trinity
,
to
render
to
the
said
C.
D.
for
the
debt
and
damages
aforesaid
,
and
you
have
here
this
Writ
.
Witnes
,
&c.
A
Devastavit
returned
,
and
thereupon
a
Fier
'
Fac'
of
the
proper
goods
of
the
Executor
.
THe
Keeper
,
&c.
Greeting
.
Whereas
by
our
Writ
we
have
lately
commanded
you
,
that
you
cause
to
be
leavied
of
the
goods
and
Chattels
which
were
of
A.
B.
otherwise
called
&c.
(
naming
the
addition
)
in
your
Bayliwick
,
in
the
hands
and
custody
of
C.
D.
Executrix
,
of
the
last
will
and
Testament
of
the
said
A.
B.
one
hundred
pound
of
debt
,
and
also
5
l.
which
were
adjudged
to
E.
F.
in
the
Court
before
us
in
the
Upper
Bench
at
Westm.
for
his
damages
which
he
sustained
,
as
well
by
occasion
of
detaining
of
that
Debt
,
as
for
his
costs
and
charges
by
him
about
his
Suit
in
that
behalf
disbursed
,
if
so
much
she
should
have
them
in
her
hands
.
And
if
so
much
she
should
not
have
them
in
her
hands
,
then
you
should
cause
to
be
leavied
the
said
five
pounds
for
the
damage
aforesaid
,
of
the
proper
goods
and
chattels
of
her
the
said
C
:
D
:
And
you
should
have
those
moneys
before
us
in
the
Upper
Bench
at
Westminster
at
a
certain
day
now
past
,
to
render
to
the
said
E
:
F
:
for
his
Debt
,
and
Damages
aforesaid
;
whereof
the
said
C
:
D
:
is
convicted
,
as
it
doth
appear
to
us
upon
Record
.
And
you
at
that
day
returned
to
us
,
that
the
said
C
:
D
:
had
no
goods
or
chattels
which
were
of
the
said
A
:
B
:
whereby
you
might
cause
to
be
made
the
Debt
,
and
Damages
aforesaid
,
or
any
parcell
thereof
.
And
moreover
,
that
by
vertue
of
the
said
Writ
,
you
caused
to
be
made
of
the
proper
goods
and
chattels
of
the
said
C
:
D
:
the
said
five
pounds
for
damages
aforesaid
.
And
that
you
had
the
moneys
prepared
before
us
in
the
Upper
Bench
at
Westminster
,
as
it
was
commanded
to
you
by
our
Writ
.
And
that
the
said
C
:
D
:
hath
wasted
the
goods
and
chattels
which
were
of
the
said
A
:
B
:
to
the
value
of
thirty
pounds
,
parcell
of
the
said
Debt
of
one
hundred
pounds
.
Therefore
we
command
you
that
you
cause
to
be
made
in
your
Bayliwick
the
said
30
li.
parcel
of
the
Debt
of
100
li.
of
the
proper
goods
and
chattels
of
the
said
C
:
D
:
And
then
you
have
here
this
Writ
.
Witnes
,
&c.
Elegit
.
THe
Keepers
,
&c.
to
the
Sheriffe
of
L
:
Greeting
.
Wheras
A
:
B
:
in
the
Court
before
us
in
the
Vpper
Bench
at
Westm.
lately
recovered
against
C
:
D
:
an
hundred
pounds
of
Debt
,
and
also
one
and
twenty
shillings
for
his
damages
,
which
he
sustained
,
as
well
by
occasion
of
detaining
of
that
Debt
,
as
also
for
his
costs
and
charges
by
him
about
his
Suit
in
that
behalf
di●bursed
;
whereof
the
said
C
:
D
:
is
convicted
,
as
it
doth
appear
to
us
upon
Record
.
And
because
the
said
A.
B.
doth
come
in
the
Court
before
us
in
the
Vpper
Bench
at
Westm.
and
electeth
to
be
delivered
to
him
all
the
goods
and
chattels
of
the
said
C
:
D
:
in
your
Bayliwick
,
besides
his
Oxen
and
beasts
of
his
Plow
,
and
also
the
half
of
all
the
Lands
,
and
Tenements
which
were
of
the
said
C
:
D
:
the
14th
day
of
June
,
in
the
yeer
of
our
Lord
one
thousand
six
hundred
and
fifty
;
which
day
the
Judgment
aforesaid
was
given
against
the
said
C
:
D
:
in
the
form
aforesaid
,
to
have
the
goods
and
chattels
aforesaid
,
as
the
proper
goods
and
chattels
of
him
the
said
A
:
B
:
and
to
have
,
and
hold
the
half
of
the
Lands
,
and
Tenement
aforesaid
to
him
,
and
his
Assignes
as
his
Free-hold
,
untill
he
hath
thereby
fully
leavied
the
Debt
,
and
damages
aforesaid
.
Therefore
we
command
you
,
that
without
delay
you
cause
to
be
delivered
all
the
goods
,
and
chattels
of
the
said
C
:
D
:
in
your
Bayliwick
;
except
the
Oxen
,
and
beasts
of
his
Plow
and
also
the
half
of
all
the
Lands
and
Tenements
which
were
of
the
said
C
:
D
:
the
said
14th
day
of
June
,
in
the
yeer
of
our
Lord
,
one
thousand
six
hundred
and
fifty
aforesaid
,
to
the
said
A
:
B
:
by
a
reasonable
price
,
and
extent
,
to
ha●e
the
goods
,
and
chattels
aforesaid
,
as
his
proper
goods
,
and
chattels
;
and
to
have
,
and
hold
the
half
of
the
Lands
,
and
Tenements
aforesaid
to
him
,
and
his
Assignes
as
his
Free-hold
,
untill
he
hath
thereby
fully
levied
the
Debt
,
and
Damages
aforesaid
.
And
in
like
manner
this
Precept
shall
be
executed
,
you
make
it
appear
before
us
in
the
Vpper
Bench
at
Westminster
,
on
Thursday
next
after
the
fifteen
dayes
of
Easter
under
your
Seal
,
and
the
Seals
of
them
by
the
Oath
of
whom
you
took
that
Extent
,
and
Apprisement
,
together
with
this
Writ
.
Witnes
,
&c.
Habere
fac'
poss.
THe
Keeper
,
&c.
Greeting
.
Wheras
A.
B
:
lately
(
that
is
to
say
)
in
the
Tearm
of
Saint
Hillary
,
in
the
year
of
our
Lord
one
thousand
six
hundred
and
fifty
,
before
us
in
the
Upper
Bench
at
Westminster
,
hath
recovered
against
C.
D.
〈◊〉
s●arm
then
,
&
yet
to
come
,
of
,
and
in
one
messuage
with
the
appurtenances
in
E.
in
your
County
,
which
F
:
G.
d●●admse
to
him
to
a
●●arm
,
which
is
not
yet
past
(
that
〈…〉
)
from
the
Feast
of
the
Annunciation
of
the
blessed
Virgin
Mary
,
in
the
year
of
our
Lord
,
one
thousand
six
hundred
and
fifty
,
untill
the
end
and
tearm
of
three
years
from
thence
next
following
to
be
fully
compleat
and
ended
,
by
vertue
of
which
demise
,
the
said
A.
B.
entered
into
the
tenements
aforesaid
with
the
appurtenances
.
And
was
thereof
possessed
,
untill
the
said
C.
D.
did
afterwards
eject
him
the
said
A.
B.
from
his
Farm
;
Therefore
we
command
you
,
that
without
delay
,
you
cause
the
said
A.
B.
to
have
his
possession
of
his
Tearm
aforesaid
,
yet
to
come
of
,
and
in
the
Tenements
aforesaid
with
the
appurtenances
.
And
in
like
manner
this
precept
shall
be
executed
,
you
make
it
appear
before
us
in
the
Upper
Bench
at
Westminster
,
on
Saturday
next
after
the
morrow
of
the
Assention
of
our
Lord
,
together
with
this
Writ
.
Witnes
,
&c.
A
Scire
Facias
in
debt
.
THe
Keeper
,
&c.
to
the
Sheriffe
of
N.
Greeting
.
Wheras
A.
B.
in
the
Court
before
us
in
the
Vpper
Bench
at
Westminster
,
recovered
against
C
:
D
:
two
hundred
pounds
of
debt
,
and
also
thirty
shillings
for
his
damages
which
he
sustained
,
as
well
by
occasion
of
detaining
of
that
debt
,
as
for
his
costs
and
charges
by
him
about
his
Suit
,
in
that
behalf
disbursed
,
whereof
he
is
convicted
,
as
it
doth
appear
to
us
upon
Record
;
And
now
on
the
behalf
of
the
said
A.
B.
in
the
Court
before
us
in
the
Vpper
Bench
at
Westminster
,
we
conceive
that
although
the
Judgment
be
thereby
given
,
yet
the
Execution
of
the
said
Debt
and
damages
doth
yet
remain
to
be
made
,
whereupon
the
said
A.
B.
hath
made
supplication
to
us
,
accordingly
in
that
behalf
,
to
provide
remedy
for
him
.
And
we
being
willing
in
that
behalf
,
to
do
that
which
is
just
,
we
command
you
,
that
by
honest
and
lawfull
men
of
your
Bayliwick
,
you
make
known
to
the
said
C.
D.
that
he
may
be
before
us
,
in
the
Vpper
Bench
at
Westminster
on
Wednesday
next
,
after
the
fifteen
dayes
of
the
holy
Trinity
,
to
shew
if
he
hath
,
or
knoweth
any
thing
to
say
for
himself
,
wherefore
the
said
A.
B.
ought
not
to
have
his
Execution
against
him
,
of
the
debt
and
damages
aforesaid
,
according
to
the
force
,
form
,
and
effect
of
the
recovery
aforesaid
,
if
he
think
expedient
.
And
further
,
to
do
and
receive
that
which
the
Court
before
us
in
the
Vpper
Bench
at
Westminster
,
shall
consider
of
in
that
behalf
;
And
then
you
have
here
this
Writ
.
Witnes
,
&c.
The
same
against
Manucaptors
.
THe
Keeper
,
&c.
To
the
Sheriffe
of
Middlesex
Greeting
.
Whereas
A
:
B
:
lately
in
the
Court
before
us
,
in
the
Vpper
Bench
at
Westminster
,
recovered
against
C
:
H
:
one
hundred
pound
of
debt
,
&c.
(
as
above
untill
these
words
)
doth
yet
remain
to
be
made
of
the
goods
&
Chattels
aforesaid
.
And
whereas
E.
F
:
lately
of
,
&c.
And
G.
G.
(
naming
the
addition
)
formerly
(
that
is
to
say
,
in
Michalmas
Tearm
last
past
,
in
the
same
Court
,
before
us
in
the
Vpper
Bench
at
Westminster
,
personally
came
,
and
did
become
Pledges
and
Manucaptors
,
and
both
of
them
,
by
themselves
became
Plegde
and
Manucaptor
,
for
the
said
C
:
D
:
that
if
it
should
happen
the
said
C.D.
to
be
convinced
in
the
Plea
aforesaid
,
that
then
the
said
E
:
F
:
and
G
:
H
:
granted
,
and
either
of
them
for
himself
,
did
grant
the
debt
aforesaid
,
and
also
all
such
damage
,
cost
,
and
charges
which
should
be
adjudged
to
the
said
A.
B.
in
that
behalf
,
of
their
,
and
either
of
their
Lands
&
Chattels
to
be
made
,
and
to
the
use
of
the
said
A.
B.
to
be
leavied
,
if
it
should
happen
the
said
C
D.
not
to
pay
the
said
debt
,
damages
,
costs
,
and
charges
to
the
said
A.
B.
or
not
to
render
himself
to
the
Prison
of
the
Marshall
of
our
Marshalsey
,
of
the
Vpper
Bench
at
Westminster
upon
that
occasion
,
yet
the
said
C.
D.
hath
not
hitherto
paid
the
said
debt
and
damages
to
the
said
A.
B.
neither
hath
upon
that
occasion
rendered
himself
to
the
Prison
of
the
Marshall
of
our
Marshalsey
of
the
Vpper
Bench
,
before
that
time
,
as
by
the
insinuation
of
the
said
A.
B.
in
the
Court
before
us
in
the
Vpper
Bench
at
Westminster
,
we
have
accepted
,
whereupon
the
said
A.
B.
hath
supplicated
us
accordingly
,
to
provide
remedy
for
him
in
that
behalf
,
(
as
above
till
after
the
return
of
the
former
Writ
to
these
words
)
to
shew
if
he
hath
or
knoweth
any
thing
to
say
for
himself
,
wherefore
the
said
A.
B.
ought
not
to
have
his
execution
against
him
,
of
the
debt
and
damages
aforesaid
,
according
to
the
force
,
form
,
and
effect
of
the
recognizance
aforesaid
,
if
he
think
good
so
to
do
,
&c.
(
as
above
untill
the
end
.
)
A
Scire
Facias
against
an
Executor
in
Debt
.
THE
Keepers
,
&c.
(
as
above
in
the
first
Scire
facias
untill
these
words
)
doth
yet
remain
to
be
made
of
the
Goods
and
Chattels
aforesaid
,
and
that
the
said
C.D.
after
Judgement
aforesaid
,
in
form
aforesaid
rendred
,
is
dead
,
and
that
one
E.F.
is
Executor
of
the
last
Will
and
Testament
of
the
said
C.D.
whereupon
the
said
A.B.
hath
supplicated
us
accordingly
,
to
provide
remedy
in
that
behalf
,
(
as
above
till
after
the
Return
of
the
first
Writ
)
to
shew
if
he
hath
or
knoweth
any
thing
to
say
for
himself
,
wherefore
the
Debt
and
dammages
aforesaid
,
of
the
Goods
and
Chattels
which
were
of
the
said
C.
D.
at
the
time
of
his
death
,
being
in
the
hands
and
custody
of
the
said
E.F.
to
be
administred
,
ought
not
to
be
made
,
and
to
the
use
of
the
said
A.B.
levied
,
according
to
the
force
,
form
,
and
effect
as
above
in
the
first
,
&c.
The
same
for
an
Administratrix
in
Debt
.
THe
Keeper
,
&c.
(
as
in
the
first
Scire
facias
,
untill
these
words
)
as
it
doth
appear
to
us
upon
Record
,
and
now
in
the
Court
before
us
,
in
the
upper
Bench
at
Westminster
comes
E.F.
Widdow
,
the
relict
of
the
said
A.
B.
and
saith
,
that
after
Judgement
aforesaid
,
in
form
aforesaid
rendered
(
that
is
to
say
)
on
,
&c.
in
the
year
,
&c.
(
naming
the
time
)
the
said
A.
B.
at
A.
in
your
County
died
intestate
,
after
whose
death
,
(
that
is
to
say
)
on
,
&c.
in
the
year
,
&c.
(
naming
the
time
at
A.
aforesaid
,
the.
Administration
of
all
the
Goods
and
Chattells
,
Rights
,
and
Credits
,
which
were
of
the
said
A.B.
at
the
time
of
his
death
,
by
,
&c.
(
to
whom
the
Commission
of
the
Administration
of
Right
did
pertain
)
was
committed
to
the
said
E.F.
and
now
on
the
behalf
of
the
said
E.
F.
in
the
same
Court
before
us
in
the
upper
Bench
at
Westminster
,
we
have
accepted
,
that
although
,
&c.
(
as
above
in
the
first
Writ
of
this
sort
.
)
Rotam
.
habend
.
THe
Keeper
,
&c.
to
the
Sheriffe
of
Middlesex
,
greeting
,
whereas
A.B.
was
lately
summoned
to
be
before
us
in
the
upper
Bench
at
Westminster
,
to
answer
C.D.
in
a
Plea
of
taking
and
uniustly
detaining
of
the
Goods
and
Chattells
of
the
said
C.D.
and
the
said
A.B.
appearing
in
the
Court
before
us
in
the
upper
Bench
at
Westminster
,
the
said
C.
D.
made
default
,
for
which
it
was
considered
of
in
the
said
Court
,
that
the
said
A.
B.
should
have
Return
of
his
goods
,
and
chattells
aforesaid
,
therefore
we
command
you
that
without
delay
,
you
cause
to
be
returned
to
the
said
A.
B.
the
goods
and
chattells
aforesaid
,
and
not
deliver
them
at
the
complaint
of
the
said
C.D.
without
our
Writ
aforesaid
,
making
expresse
mention
of
the
said
Judgement
,
and
as
this
Precept
shall
be
executed
,
you
certifie
to
us
in
the
upper
Bench
,
in
eight
dayes
of
the
Purification
of
the
blessed
Virgin
Mary
,
wheresoever
we
shall
then
be
in
England
,
together
with
this
Writ
,
witnes
,
&c.
Capias
in
Withernam
.
THe
Keepers
,
&c.
to
the
Sherif
of
M.
greeting
,
whereas
A.B.
in
the
Court
before
us
in
the
upper
Bench
at
Westminster
,
was
summoned
to
be
before
us
in
the
uper
Bench
at
Westminster
,
to
answer
C.
D.
in
a
Plea
,
wherefore
he
took
the
goods
and
chattells
of
him
the
said
C.D.
and
detained
them
uniustly
against
Sureties
and
Pledges
,
as
it
is
said
,
and
the
said
A.
B.
appearing
in
the
same
Court
before
us
in
the
upper
Bench
at
Westminster
,
the
said
C.
D.
there
made
default
,
for
which
in
the
same
Court
it
was
considered
by
the
same
Court
,
that
the
said
A.B.
should
have
return
of
the
goods
and
chattels
aforesaid
,
whereupon
we
commanded
you
by
our
Writ
,
that
without
delay
you
cause
to
be
returned
the
goods
and
chattells
aforesaid
,
to
the
said
A.B.
and
not
deliver
them
at
the
complaint
of
the
said
C.D.
without
our
Writ
that
shall
make
express
mention
of
the
said
Judgement
,
and
in
such
manner
,
as
that
Precept
should
be
executed
,
you
should
certifie
to
us
in
the
upper
Bench
at
Westminster
,
in
the
eight
dayes
of
the
Purification
of
the
blessed
Virgin
Mary
last
past
,
and
you
at
that
day
did
return
to
us
,
that
before
the
coming
to
you
of
that
Writ
,
the
goods
and
chattels
aforesaid
,
were
convayed
away
to
places
to
you
altogether
unknown
,
so
that
you
would
not
cause
those
goods
and
chattels
to
be
returned
to
the
said
A.
B.
therefore
we
command
you
,
that
you
take
of
the
goods
and
chattells
of
the
said
C.D.
to
the
value
of
the
goods
and
chattels
aforesaid
formerly
taken
,
and
you
cause
them
to
be
delivered
to
the
said
A.
B.
to
be
detained
untill
you
may
cause
the
goods
and
chattells
formerly
taken
to
be
restored
to
the
said
A.B.
and
you
put
the
said
C.D.
by
Sureties
and
safe
pledges
,
that
he
be
before
us
in
the
moneth
of
Easter
,
whersoever
we
then
shall
be
in
England
,
to
answer
as
well
as
of
the
contempt
,
and
as
also
the
said
A.B.
of
his
dammages
,
and
iniuries
in
that
behalf
illated
,
and
that
you
have
there
this
Writ
,
witnesse
,
&c.
A
Scire
facias
for
an
Executor
to
renew
a
Judgement
after
a
year
and
a
day
THe
Keepers
,
&c.
greeting
,
whereas
A.B.
Executor
of
the
last
Will
and
Testament
of
C.
D.
lately
deceased
,
lately
in
the
Court
before
us
in
the
upper
Bench
at
Westminster
by
Bill
without
our
Writ
,
and
by
the
iudgement
of
the
same
Court
,
recovered
against
E.F.
thirteen
pounds
of
Debt
,
and
also
one
and
twenty
shillings
for
his
damages
which
he
sustained
,
as
well
by
occasion
of
detention
of
that
Debt
,
as
for
his
costs
and
charges
by
him
about
his
suit
in
that
behalf
disbursed
,
whereof
he
is
convicted
,
as
it
doth
appear
to
us
of
Record
,
and
that
the
said
C.
D.
after
Judgement
aforesaid
,
in
Form
aforesaid
,
rendred
at
London
,
made
his
last
Will
and
Testament
,
and
thereby
did
appoint
and
ordain
the
said
A.B.
his
Executor
,
and
afterwards
there
died
,
and
now
on
the
behalf
of
the
said
A.
B.
in
the
Court
,
before
us
in
the
upper
Bench
at
Westminster
have
accepted
,
that
although
the
Judgement
be
thereof
rendred
,
yet
the
Execution
of
the
Debt
and
dammages
aforesaid
,
doth
yet
remain
to
be
made
,
whereupon
the
said
A.B.
hath
supplicated
us
accordingly
to
provide
remedy
for
him
in
that
behalf
and
we
being
willing
in
that
behalf
,
to
do
that
which
is
iust
,
we
command
you
,
that
by
honest
and
lawfull
men
of
your
Bailywick
,
you
make
known
to
the
said
E.F.
that
he
be
before
us
in
the
upper
Bench
at
Westminster
on
Fryday
next
,
after
,
&c.
to
shew
if
he
hath
or
knoweth
any
thing
to
say
for
himself
,
wherefore
the
said
A.
B.
ought
not
to
have
the
Execution
of
the
Debt
and
Dammages
aforesaid
,
according
to
the
force
,
form
,
and
effect
of
the
recovery
aforesaid
,
if
he
think
good
to
try
,
and
further
to
do
and
receive
that
which
the
same
Court
before
us
,
in
the
upper
Bench
at
Westminster
shall
consider
of
in
that
behalf
,
and
then
you
have
here
the
names
of
them
by
whom
you
made
known
to
him
,
and
this
Writ
;
witnesse
,
&c.
The
same
in
an
Action
of
Eiectment
the
Plaintiffe
(
a
woman
)
after
Judgement
being
married
.
THe
Keeper
,
&c.
Greeting
,
whereas
A.B.
lately
before
us
in
the
upper
Bench
at
Westminster
,
recovered
against
C.D.
her
Term
,
then
and
yet
to
come
,
of
and
in
one
Messuage
,
with
the
Appurtenances
in
E.
in
the
Parish
of
F.
in
your
County
,
(
that
is
to
say
)
from
the
last
day
of
March
,
in
the
year
of
our
Lord
,
one
thousand
six
hundred
and
fifty
,
untill
the
end
and
Term
of
five
years
,
to
be
fully
compleat
and
ended
,
and
afterwards
the
said
A.B.
at
E.
aforesaid
,
took
to
her
Husband
one
C.G.
and
now
on
the
behalf
of
the
said
G.
H.
and
A.
B.
in
the
Court
before
us
,
in
the
upper
Bench
at
Westminster
,
as
we
have
accepted
,
that
although
the
Judgement
aforesaid
be
rendred
,
yet
the
Execution
of
that
Judgement
doth
yet
remain
to
be
made
,
whereupon
the
said
G.
H.
and
A.B.
have
supplicated
us
accordingly
to
provide
remedy
for
them
,
in
that
behalf
,
and
we
being
willing
in
that
behalf
,
to
do
that
which
is
lust
,
we
command
you
,
that
by
honest
and
lawfull
men
of
your
Bailiwick
,
you
make
known
to
the
said
C.D.
that
he
be
before
us
in
the
upper
Bench
at
Westminster
,
on
&c.
(
reciting
the
Return
)
to
shew
if
that
he
hath
or
knoweth
any
thing
to
say
for
himself
,
wherefore
the
said
G.H.
and
A.B.
his
Wife
ought
not
to
have
Execution
of
the
Iudgement
aforesaid
,
if
he
think
good
to
try
,
and
further
to
do
and
receive
that
which
the
Court
shall
consider
of
in
that
behalf
,
and
then
you
have
here
the
names
of
them
by
whom
you
made
known
to
him
,
and
this
Writ
,
witnesse
,
&c.
The
same
for
an
Administrator
in
Debt
.
The
Keepers
,
&c.
Greeting
,
whereas
A.
B.
lately
in
the
Court
before
us
in
the
upper
Bench
at
Westminster
,
recovered
against
C.D.
twenty
pounds
Debt
,
and
also
one
and
twenty
shillings
for
his
dammages
,
which
he
sustained
,
as
well
by
occasion
of
detention
of
that
Debt
,
as
also
for
his
costs
and
charges
by
him
about
his
suit
in
that
behalf
disbursed
,
whereof
he
is
convicted
,
as
it
doth
aprear
to
us
upon
Record
,
and
afterwards
the
said
A.B.
at
London
aforesaid
,
died
intestate
,
as
it
is
said
,
and
the
Admistration
of
all
and
every
the
Goods
and
Chattels
,
Rights
and
credits
,
which
were
of
the
said
A.B.
at
the
time
of
his
death
,
at
London
,
were
committed
to
one
E.F.
as
by
the
insinuation
of
the
said
E.F.
in
the
Court
before
us
in
the
upper
Bench
at
Westminster
we
have
accepted
,
yet
the
Execution
of
the
Debt
and
dammages
aforesaid
,
doth
yet
remain
to
be
made
,
whereupon
the
said
E.
F.
hath
supplicated
us
accordingly
to
provide
remedy
for
him
in
that
behalf
,
and
we
being
willing
to
do
that
which
is
iust
in
that
behalf
,
we
command
you
,
that
by
honest
and
lawfull
men
of
your
Bailiwick
,
you
make
known
to
the
said
C.D.
that
he
be
before
us
in
the
upper
Bench
at
Westminster
,
on
,
&c.
(
reciting
the
Return
)
to
shew
,
if
he
,
&c.
(
as
above
in
the
former
Writ
,
untill
the
end
.
)
The
same
against
an
Executor
of
a
Sheriff
,
where
the
Sheriff
returned
that
he
had
caused
the
Goods
of
the
Defendant
to
be
levied
,
but
hath
not
paid
the
Money
coming
thereof
.
THe
Keepers
&c.
to
the
Sheriffe
of
Middlesex
greeting
,
whereas
A.B.
lately
in
the
Court
before
us
in
the
upper
Bench
at
Westminster
,
recovered
against
C.D.
one
hundred
pounds
of
Debt
,
and
also
five
pounds
for
his
dammages
which
he
sustained
,
as
well
by
occasion
of
detaining
of
that
Debt
,
as
for
his
Costs
and
Charges
by
him
about
his
Suit
in
that
behalfe
expended
,
whereof
the
said
C.D.
is
convicted
,
as
it
doth
appeare
to
us
of
Record
.
And
whereas
also
E.F.
Esq
Sheriff
of
the
County
of
E.
hath
returned
to
us
upon
a
certain
Writ
issuing
forth
of
the
same
Court
before
us
,
upon
the
judgment
aforesaid
,
that
he
had
caused
to
be
taken
the
Goods
and
Chattells
of
the
said
C.D.
to
the
value
of
the
Debt
and
damages
aforesaid
(
that
is
to
say
)
the
one
hundred
and
five
pounds
,
and
the
Mony
coming
thereof
(
that
is
to
say
)
the
said
one
hundred
and
five
pounds
before
us
at
the
day
and
place
in
the
said
Writ
mentioned
.
He
had
prepared
to
deliver
to
the
said
A.
B.
according
to
the
Exigent
of
the
Writ
aforesaid
,
as
by
the
return
of
that
Writ
in
the
same
Court
before
us
remaining
of
Record
doth
manifestly
appeare
:
And
because
the
said
E.F.
the
Moneys
aforesaid
in
form
aforesaid
,
taken
into
the
Court
before
us
in
the
upper
Bench
at
Westminster
,
hath
not
yet
paid
or
delivered
,
nor
to
the
said
A.B.
(
as
by
his
insinuation
in
the
same
Court
before
us
we
have
accepted
)
hath
yet
paid
or
delivered
,
and
that
the
said
E.
F.
after
the
return
aforesaid
in
form
aforesaid
so
returned
,
is
dead
,
and
that
one
G.H.
is
Executor
of
the
last
will
and
Testament
of
the
said
E.
F.
whereupon
the
said
A.B.
hath
supplicated
us
accordingly
to
provide
remedy
for
him
in
that
behalf
.
And
wee
being
willing
to
do
in
that
behalf
that
which
is
just
we
command
you
that
by
honest
and
lawfull
men
of
your
Bailiwick
,
you
make
known
to
the
said
G.H.
that
he
be
before
us
in
the
upper
Bench
at
Westminster
,
on
,
&c.
next
after
,
&c.
to
shew
if
he
hath
or
knoweth
any
thing
to
say
for
himself
,
wherefore
the
said
one
hundred
and
five
pounds
ought
not
to
be
made
,
and
to
the
use
of
the
said
A.B.
levied
of
the
Goods
and
Chattells
which
were
of
the
said
C.D.
at
the
time
of
his
death
,
according
to
the
force
,
form
,
and
effect
of
the
recovery
and
return
of
the
Writ
aforesaid
if
it
shal
seem
to
him
expedient
,
and
further
to
do
and
receive
that
which
the
same
Court
before
us
shall
consider
of
in
that
behalf
,
and
then
you
have
here
the
names
of
them
by
whom
you
made
known
unto
him
and
this
Writ
;
witnesse
,
&c.
A
Testatum
ca.
sa
.
against
Manucaptors
.
THE
Keepers
,
&c.
to
the
Sheriffs
of
London
greeting
,
whereas
we
have
lately
commanded
the
Sheriff
of
Middlesex
that
he
should
take
A.B.
and
C.D.
(
naming
the
addition
)
Manucaptors
of
E.F.
of
&c.
If
they
had
been
found
in
his
Bailiwick
;
and
them
safely
keep
,
so
that
he
should
have
their
Bodies
before
us
in
the
upper
Bench
at
Westminster
at
a
certain
day
now
past
,
to
satisfie
G.H.
of
thirteen
pounds
of
Debt
,
and
also
of
one
and
twenty
shillings
for
his
Damages
,
which
he
sustained
,
as
well
by
occasion
of
detaining
of
that
Debt
,
as
for
his
Costs
and
Charges
by
him
about
his
suit
in
that
behalf
expended
,
whereof
the
said
E.F.
counted
,
as
it
doth
appeare
to
us
of
record
,
and
whereof
in
the
same
Court
before
us
in
the
upper
Bench
at
Westminster
it
is
considered
,
that
the
said
G.H.
should
have
his
Execution
against
the
said
A.
B.
and
C.D.
of
the
Debt
and
Damages
aforesaid
,
according
to
the
force
,
form
,
an
effect
of
the
Recognizance
by
them
the
said
A.
B
and
C.D.
for
the
said
E.F.
in
the
Court
before
us
in
the
upper
Bench
at
Westminster
,
to
the
said
G.H.
acknowledged
,
whereof
the
said
A.B.
and
C.D.
are
convicted
,
as
it
doth
likewise
as
to
us
upon
Record
.
And
the
said
Sheriff
of
Middlesex
,
at
that
day
returned
to
us
,
that
the
said
A.B.
and
C.D.
are
not
found
in
his
Bailiwick
;
whereupon
on
the
behalf
of
the
said
G.H.
in
the
same
Court
before
us
in
the
upper
Bench
at
Westminster
,
it
is
sufficiently
testified
that
the
said
A.B.
and
C.D.
do
lurk
and
sculk
in
the
City
of
London
,
therefore
we
command
you
that
you
take
them
,
if
they
shal
be
found
in
your
Bailiwick
,
and
them
safely
keep
,
so
that
you
have
their
Bodies
before
us
in
the
upper
Bench
at
Westminster
,
on
Thursday
next
after
,
&c.
To
satisfie
the
said
G.H.
of
the
Debt
and
Damages
aforesaid
.
And
then
you
have
here
this
Writ
;
witnesse
H.
Roll
at
Westminster
,
&c.
A
Supersedeas
upon
a
ca.
sa
.
for
Manucaptors
.
THe
Keepers
,
&c.
to
the
Sheriff
of
London
greeting
,
whereas
by
our
Writ
we
have
lately
commanded
you
that
you
should
take
A.B.
and
C.D.
if
they
had
bin
found
in
your
Bailiwick
:
And
them
safely
keep
,
so
that
you
should
have
their
Bodies
before
us
in
the
upper
Bench
at
West
.
on
Thursday
next
after
,
&c.
to
satisfie
G.H.
of
thirteen
pounds
of
Debt
,
and
also
of
one
and
twenty
shillings
for
his
Damages
which
he
sustained
,
as
well
by
occasion
of
detaining
of
that
Debt
,
as
for
his
Costs
and
Charges
by
him
about
his
Suit
in
that
behalf
expended
,
whereof
the
said
E.F.
is
convicted
,
as
it
doth
appear
to
us
of
Record
:
And
whereupon
in
the
same
Court
before
us
,
it
is
considered
,
that
the
said
G.
H.
should
have
his
execution
against
the
said
A.B.
and
C.D.
of
the
Debt
and
Damages
aforesaid
,
according
to
the
force
,
form
,
and
effect
of
the
recognisance
,
by
them
the
said
A.B.
and
C.D.
for
the
said
E.F.
in
the
Court
before
us
in
the
upper
Bench
at
Westminster
,
to
the
said
G.H.
acknowledged
,
and
because
the
said
G.H.
in
the
Court
before
us
in
the
upper
Bench
at
Westminster
comes
and
acknowledges
himself
to
be
satisfied
of
the
Debt
and
Damages
aforesaid
,
therefore
we
command
you
that
you
for
ever
supersede
from
further
taking
,
imprisoning
,
detaining
,
attaching
,
or
them
the
said
A.
B.
and
C.D.
or
either
of
them
in
any
thing
molesting
;
and
if
you
take
them
or
either
of
them
for
that
cause
(
and
no
other
)
then
without
delay
at
your
perill
you
cause
to
be
delivered
,
them
and
either
of
them
from
your
Prison
and
Custody
(
if
they
or
either
of
them
is
,
or
are
detained
for
that
cause
and
no
other
)
and
suffer
them
to
goe
at
liberty
;
witness
H.
Roll
at
Westminster
,
&c.