0(P/ i^K»/

Library
of the

University of Toronto

5^

r

Os«

/
^^ =^

.

y ^ -(/<^^^-/ ^^c /iv* cC ^^^^^^^i-^^^^z^ ^ .

More EG:]. Alban. wich their Latitude and Extent. and nre to be fold hy Anne Afore . znd He»ry Hood. Explicated for the more facile Intro JuHion offuch di are ftudiou/ly addiSiedto thai noble frofe[sion.ELIMENTS O F T H E G O MMONLAWESOF • THE ENGLAND. forprelervation of our PtrfonSj Goodsjandgood According to the Na«(^^ Laves and Cufiomes ofthis Land. THE OTHER The Ufa of the Common Law. in Saint Dugftans . By the late Sir Francis BaconKnight^Loiycmhrtiy and Vifcount S. THE ONE ^^ branched into a double TraU z Containing a Colledlion of fome principal! Rules and Maximcs of the Common Law. yidere Utilitas* L ONDOJSr^ Printed by the AfTipnes o{ 7.

.

then SoUicitor gtnerall to the late renowned Qtteene Elizabeth. BySirpRANCisBACo N. and He^irj Hood. Printed by the Aflignes of J.and are to be fold by jiffff€ More. More Efq.Dunftans Church-yard in V leec-ftre^t. Orhe^arvoifednon occiduo* LONDON-. and i COLLE CT ION Max of the A WITH THEIR CATITUDE and Extent: facile Explicated for thcftnorc Introdu» ction offuch as arc jftudioufly addi(5ted to that noble ProfelTion.OF SOME PRINCIPAL RuL£ s mes Common Lawes of England. andfine e Lord Chancellor ofhii GLAND.m S. \6 3 6* .

# .

which by the influence ^f your happy government rve enjoy for ifit be true '^ that filcnt leges inter arma. . and againe^ becaufeyou are the Itfe of our peace.TO HER SACRED MAIESTIE. Doe here woft humbly ftefentand dedicate to your Sacred M^^By a Sheafe and ciufter of fruit of the good andfavourable feafoH . but alfo hath been carefull of the it amendment and reformings wherein your J^ajefltes proceeding may bee compared^ as in that part. ma which lawes are put tofilence : and as ihevitall fpiritsdoenotonely matntaine and move thebody^bm alfo contend to perfiB and ren^i fo your Sacred raiihout f^ Majefly^ who u anima legis ^doth not onely give unto your liwes force and vigour . is al/o m true^thatyour Afajefiy is double refpeB the Ufe Qfd^ larvs:Oncey hecaufe without your authority they are but litera mortua .i.

verfatus /it.tcrtius confulatusjinquibus adisconfiftctc ncmpc.Pora. The fame defire long after didfpring in the Empefour ]u^m3xifbeing rightly called Ultimus Imperatorum Romanorumj. Ecquid eft quod tam proprie did potcft adum ejus qui togatus in republica cum poteftate imperioq. who having peace in the heart of his Empire^ and making his warres profpe^ foujly in the remote places of his Dominions by his Lievtenants y chofeitfor a monument and honour of Romane lawes from in-volumes^ ana much repugnancy ^ into one com^ finite petent and uniforme corps of law 5 of which matter hii government^ tafffr'ife the himfelfe doth fpeake glortoufly of It:. inlegibus : a Ccefare ipfo fi qu^ereres quid- nam egiflet in urbe^& toga leges multas fe refponde* ret & prsBcIaras tuliffe. tulit juftifsimus Hence was colleBed the difference between gefta in armis and a<5ta in tog^^whereof he difputeth thui.TheEpiftleDedicatory. fart of your government (^forifyourgQvernmem let confidered in all the farts . propriura & ^ and yet aptly ^calling fkndilfimum templum juftiti^ confc- . Pace data terris animumad Jurafuumjlegefq. ver tit audor.. quam lex ^ qu^rcada . it is incomfarable) with theformer doings of the moH excellent Prtncesthat ever have reigned^ trhofejludy altogether hathbeene alwayes to adorne and honour times of feace^ with the amendment of the policy of their latves. Gracchi: leges Sempmnii proferantur quaere Silk Cornelia! : quid Cn. Of this •proceeding in Auguftus Ca^far the teHimony yet recivilia maines.

parts farre dijiant from the Centre of the Realme) hee bent himfelfe to endow hfS ftate with fundry notable and fundament all lawes. becaufe times ofpeace . abundance of wealth. two reafons may bee given .• to correB the more learned andflotf^ To conclude with the d(rmefiicall exam» fie of one ofyour Majejiies royall Anceflors 3 King time undertooke rifhing time* Edward the firft your Majefties famotts progenitor. after hee bad in his younger yeeres given 'himfelfe fatiffaBi- onin theglory ofarmes. than for thedijfolving or diflurbingofthe fame. they convert their mind es rMmer to doe fomewhat for the -better uniting of humane fociety. which either by the moderationof their natures . for the mo(l part drawing mth them. and fo difiafied with [that courfeof win" nmg honour . and fnenejfe . doe yet nevertheleffe continue to ufe the policy of that lan> : hut more excellent had the tvoriebeene^fave that the more ignorant andobfcute confecratum . andtheprincipall Law-giver ofour nation . a worke of great excellency y indeed^ as mayweUaffeArein that France^ Italy ^and Spaine^ which have long ftnce fhaken of the yoke of the Ro* mane Empire. and having inward peaceiothertvife than for theinvafions which himfelfe made upon fVales and Scotland. by the enterprise of theho" ly land .TheEpiftIc Dcdicabfy.do wifely confider and conceive of the exploits of ambition* warres . and others the like. upon whtcb thegovernment hath everfince principally re^ed: of this example . as aBions rathergreat than good. becaufe that Kings. the one . An* other reafon ts . or the maturity of their y tares and judgement do temper\theirmagnani^ mity wtthjuftice.

But I am an unworthy witneffe to your Majefiy of an higher imemt^fi and projeB . had they nut by the royall . and 4- hufesofUwbyevafions and devices \ whtsh znconvc" mencerinfttch time ^rorvina more genet all^doe more iffffiamtyfoUcttefor the amendment of law ejto rejiram and repre£e them. and abufes of lawes by delay es^ covins^vexations^ and corruptions in Informers ^Jurors^Mmisiers ofjufticejjjfd the like ^there lent have beenefundry excel- States made in your Afajefties time .chamber and by the of gravity and integrity of your Benches Jbeene reprejjed andrefirained 5 for it may bee truly obferved^ that as concerning frauds in contraBs ^bargames and ajju' policy of your Majefty 1 ranees. Tour Majesties reigne having heene blejfedfntm the Hzghefl with tmvard peace ther decayed \ . number^ andjlackened in vigour and execution^ It was notpojidfle but that not onely fuits tn lawjhould and mcreafe {whereof a great part art^ aU unjuH^) but alfo that ail the multiply IP ayes indtreB courfes andpraBues to abufe law andjujfice jhould have bin much attempted and put in ure . your Majefties predecejjors times. and falling into an age mherein tffcience bee tncreafed . confaence is rabee greater and tf mens wits bee great ^ their wills and wherein alfo lawes are multipledin . more in number and more politick e in ptovi^on^ than tn any .ThcEpiftIc Dedicatory: pnenejfeof cunmng^ doe drawalfo in further confe^ queme multitudes of fmts . by the cenfure and forejighi your Cotincell TaJfle and Star. both by that which was . and cumroverfies . which no doubt had bred greater enormities .

The Epiftic Dedicatory. roy ail woufh^/n thefive and thirtieth ofyour happy retgne 3 and much more by that rvhich I have heenefince vouchfafed to underhand from your Majefiyyimparting apurpofe for thefe many yeeres infufed imoyour Majeflies breafl . that the great hoUowneffe and unfafety in affurances of lands and goods may bee ftrengthened^ the fivarving penalties that lye upon many fubjeBs removed y the execution of many profitable Iawes revived^ the Judge better di^ reBedinhu fentencey the Counfeller better warrantedin his CounfaJe . greater than wee can imagine . hecaufe the tmperfeHions and dangers of the Iawes are covered under the clemency and excellent temper ofyour Majejiies government. ^nd though there bee rare presidents of it in government ^ as it commetkta pa£e in things fo full excellent ^ there being no m view but <?/Juftinian ^yet I mufi fay as to Cajfar. and to reduce them to more brevity and certainty . was fuhlijhedhy your chancellor in fuU Parli anient from your. Nihil viilgatum te is no doubt a preciow feed fowne in your Majefiies heart by the hand of Godf divine Mafaid poteft \ and as it prefl^t Cicero dignum videri . to enter into a generaUa* mendment of the fiates of your iawes . foit might bee acknowledged to bee one of the moji chofen workes^and of the highefi merit and beneficence towards thefubjeB^ that ever entred into the fninde of any King . andthehoneH Suitor that feeketh but to obtaine his right relieved 5 which purpofe and intemi'^ on y as it did ^rike me with great admiration when I heard it . the Student eafed in hii readings the contentioUA Suitor that feeketh but vexation dtfdrmed.

The Epiftle Dcdicatoty. both beeaofe . Andfo concluding witi aprayer anfwerableto tbeprefent argument^ tphtch is^ That Cod will continue your Majefiies reign in a h^py and renowned peace ^ and that he wiUgmde b^thyour policy and armes to purchafe the continuance of is with fureiy and honour^ Imoii humbly crave pardon y and s^nmfJid yifur Majeftytothe d$vineprejhvation. though the eoSeftion bee mine y yet the lawes areyours^ and hecaufeit is your Majefies r eigne that hath beene as agoodly feafonable fpring'weather to the advancing of all excellent arts ofpeace. jefyifo ^hope in the maturity of your Majfjiiet cmns c§me up and hearefrutt* But to returne time it thence whither I have beene earned : obfervinr in mS Majefiy^ upon fo not able proof and grounds es ^ thit dtfpofitton in general! of a prudent and royalire* gard to the amendment ofyour lawes . and having bf my private labour and travell toUeHed many oftht pur grounds of the Common Lav^et^ the better to efiablijh andfettle a eertaine fenfe of Law ^ which doth now to9 much waver in incertatnty . befides my particular obligation . wM fucb . • Tour facred Majefties moft humble and obedient fubjedand fcivant^ 'B^An€j 9 Bacok*^ . / conceived the nature of the fubjeB . as I ought not to dedicate the fame to any other than to your facred Majefy .

Co ought they ofduty to endevour themfelvs l?y way of amend$.to bca helpe and ornament thereunto. witli6ut the help ofauthority . difperfed throughout the body •f the fame lawcs: for heteby no fmall B 2 light . this is performed infome degree by the honeft and libcrali pra^ice ofa profeflion . Having therefore from the beginning comne to the ftudy ofthe lawcsof thisRealme .as by coUediing the rules and groiinds. butalfo amplifying in pcrfedion & fubftance. when men (hali carry a re[pe^ not to dcfcend into any courfe that is corrupt and unworthy thereof.1 can in any kinde conferre fb profitable an addition unto that fcience. to his from the which as men ofcourfc doc fceke to receive countenance and profit. and preferve themfelvcs free from the abufes wherewith the (amc profeflion is noted to bee infedled : but much more is this performed ifa man bee able to vifite and ftrengthcn the roots and foundation of the fciencc it fclfe 5 thereby not onely gracing it in reputation and digit nity.Hold every man a debtor profefsion . with adefireno leffeCif I could attaine unto it) that the famelawes fliould bee the better for my induftry .than that my fclfe Ihould be the better for the knowledge ofthem: I doe not finde that by mine owne tra veil .

wherein the authodoe fquare and vary. I have in all points to the befl of my uhderftanding *" Now & nor to that which might fceme moft for the oflentation of mine owne wit or knowledge. fb that the incertainty of law^which is the principall and moft juft challenge that is made to the lawes of our nation at this time. but further in gracing of argument. and therefore the conclufions of reafon of this kinde are worthily and aptly called by a great Civilian/<?^«^w/<?^f/. & generally the amendment in fbmc meafure ofthe very nature and complecflion* of the v^hole law . particular and pofitive learnings oflawes do eafiiy decline from a^oodtemper ofjuftice. to confirme the law ^and to make it received one way. in reclaiming vulgar errors. felfe forefight applied: my & And . in corre^ <aing unprofitable fubtlety . for that many pUdta legum^ thatis. lawes of lawes.if they be not reiftified and gbv(ir" ned by fuch rules for the manner offetting dowhe of them. and reducing the fame to a more found and fubflantiall fenfe of l^w . but to that which may yeeld moft ufe 2Dd profit to the Students profeffoi? of our lawes. andhelpingfoundnefle of judg- ment .and in cafes wherin the law iscleered by authority 5 yet neverthelefTe to fee more profoundly into the reafon of fuch judgements and ruled cafes 5 and thereby to make more ufeof light will rities them for the dccifion of other cafes more doubtful].Th^freface: be given in new cafes.by this nevv ftrength laid to the foundation^be fomewhatthe more fettled and corrc(5lcd : Neither will the ufe hereof bee onely in deciding of doubts.will.

they be not able many times to exprclTc & fet though them downe. and other Sciences j the handling of qucflions by Common-place without aime or application is the wcakefl^ fo yet nevertheleffe many comon principles & generalities are not tobeconcemned. whereas thefe rules aiefomeof them ordinary and vulgar. hmiting and defining their bAund$.-for as both in the as trite : Law. but have chofen out of them fuch as I thought good I have reduced them to a true application. yet : . would have omitted .which though they goe ncere the point.that they may not be read upon at Iarge.buc reftrainedtoapointofdifference. which may bee befl: noted Some arin two feverall manner of arguments gue upon generall grounds . that now feive but for grounds and plaine fongs to the more fliallowand impertinent fore of arguments : other ot them are gathered and extraded out of the harmony and congruity of cafesjand are fuchas the vvifcft and dcepeft |ort of Lawyers have in judgement and ufe. others without laying any foundation of a ground or difference . And therefore . which a man that fliould ra. For the former fort. doe loofely put cafes.The Vreface. and come not neere die point in queftion . ther write to raifc an high opinion of himfelfe to inftrudl others. limits and exclufions duely affigned be well derived and deduced into particulars^&their for there bee two contrary faults and extremities in the debating and iifting out ofthe law. than and within every manscompaffejyet neverthclefs Ihavc not affedcd to neglcd them.if they .

the diverfities between the civill Roman rules of law & ours» ans ufe. and make ufe of that which is fo delivered to . Thirdly. and toife.bccaufethis delivering of knowledge in diftind and dif joyncd Aphorifmes doth leave the wit of man more free to turne. whereas feme of thcfe rules have aeon* currence with the civill Roman^aw. Secondly.but I tooke hold of it as a matter of greater Authority and Majedy to fee and confider the concordance between the lawes penn'd.Thefrefacf. yet being put fo fcattcrcd.as the one Uw imbraceth one courfejand the other the contrary ^and both juft after either is once pofitivc and certaine in regard . than to make it more plaine.rucb grounds which are common to our law and theirs I have not divcrfity.& & many affe(5led to difguife into other words than theCivill- by me.fo equally ball«iced.which I know would have bin more admired . and not borrowed or tranflated from them No. fome others a times an oppoficion. or of accommodadng the law to the different confiderations of eftatCj I have not omitted to fet downc. as that which would have made every particular rule through coherence and relation unto other rules fecmc more cunning and where the lawes vary deep.y et I have avoided fo to do.prove notjbuf rather fervc to make the law appcare more doubcfull . : happcningcither when there is fuch an indiffcrency ofreafon.whereas I could have digcfted thefe ruVs into a certain method or order. and as it were dided verba* tint by the fame reafon on the other (idc.to the end they might fcera invented .

TheTrefact\
Co more fevcrall purpofes and applications 5 for wee
fee that all the ancient

wifdom and fcience was wonc

to be delivered in that forme,a$ may be fcen by the parables oiSohmon^ and by the Aphorifmes o(Htp* focrates^ and the morall verfes oirheognes and Phoa/ft/^/, but chiefly

the prefident

of the CivillJaw,

which

hath taken the fame courfc with their rule$^

did confirme me in my opinion* Fourthly ,wherea$ I know very well it would have

more currant, if the rules,with bin more plaufible the expofitions of them , had been (et down either in Latine or in Engliih , that the harflincflc of the language might not have difgraccd the matter, and that Civilians, States-men, Schollars, and other fenfible men might not have beene barred from them 5 yet I have forfaken that grace and ornament of them, and onely taken this courfe The rules themfelves I have put in Latine, not purified further than the property of thetermcs of the law would permit , which lan:

&

guage Ichofe as the briefeftto contrive the rules compcndioufly , theapteft for memory , and of the greatcft authority and Majefty to bee avouched and alledged in argument: and for the expofitionsand
diftindions, I have retained the peculiar lar^uage

of

our law , becaufc it fhould not bee lingular among the books of the fame fcience,and becaufe it is moft
femiliar to the Students and profelTors thereofjand

becaufe that it is moft figmUcant to expreffeconceits oflaw 5 and to conclude , it is a language wherein a man fljall not bee inriced to hunt after words , but matters and for the excluding ofany other than profeffed

Jhefreface.
fclTcd

Lawyers , it was better manners to exclude them by the ftrangenefle of the language , than by the obrcurity of the conceit, which is, as though ic
had been written
in no private and retired language, yet by thofc that are not Lawyers would for the moft part not have beene underftood , or, which is

worfe,miftaken. Fiftly 3 whereas I might have made more flourifh and oftcntation of reading , to have vouched the authorities , and foraetimes to have enforced or noted upon thera,yet I have abftained from thatalfo, and the reafon is jbecaufe I judged it a matter undue and prepofterous to prove rules and maximes 5 wherein I had the example of M"^ Littleton and M'^ Fitzherhert^ whofe nv ritings are the inftitutions of the lawes of England, wherofthe one forbeareth to vouch any authority altogether, the other never recitetha booke, but when heethinketh the cafe fowcakeof credit in it felfe , as it needs a furety ; and thefe twq I did far more efteem i\\2XiWPercktHgs or }A^ Stamford that have done the contrary : well will it appear to thofe that arc learned in the lawes , that many of the cafes are judged cafes, either within the bookes or offefh reporr,and moft of them fortified by judged cafes , and fimilitude of realon , though in fome

few cafes
authority
error,or

I

did intend expreily to weigh

downe the

by evidence of reafon , and
,

therein rather

to corredthelaw

than either to footh a received

by

unprofitable fubtlety,which corrupteth
:

the fenfc of law, to reconcile contrarieties for thefe
rcafons I rcfolved not to derogate from the authorir

TheTrefacel

by vouching of any of the authority of the cafes, though in mine owne copy I had them quoted: for although themcanneffe of mine owne
ty

ofthe

rules,

pcrfon

may now at
,

firft

extenuate the authority

of

and that every man is adventrous to controulc , yet furely according to Gamduels rea(bn, if it bee of weight^time wilifettle and authorize it 5 if it be light and wcake, time will reprove it So that, to conclude, you have here a worke without any glory of affeded novelty ,or of method,or of language, or of quotations and authorities , dedicated oncly to ufe, and fubmitted onely to the cenfure of thclearncd, and chiefly of time. Laftly, there is one point above all the reft, I acthis colle(5lion
;

compt the moft

matcriall for

making thefe reafons

indeed profitable and inftru(5iing, which is, that they be not fet downe alone , like fhort darke Oracles,

which every man will be content ftill to allow to bee true , but in the meane time they give little light or diredion j but I have attended them, a matter not pradiccd , no not in the Civill law to any
purpofe ; and for want whereof indeed, the rules arc but as provcrbes , and many times plaine fallacies,

with a cleereand perfpicuous expofition , breaking them into cafes, and opening them withdiftindion$, fomtimes (hewing the reafons above whereupon they dependjand the affinity they have with other rules. And though I have thus with as good di(crction and fore-fight as I could,ordcred this work, and as I might fay , without all colours or fliewes husbanded it be ft to profit , yet ncverthelcffe not wholly

&

C

Thefrefaces
wholly f rufting to mine own judgment , having colleded 3 oo.of them,! thought good before I brough t them all into form, to publiih fome few, that by the tafte ofother mens opinions in this firft, I might reccivc"either approbation in mine owncourfe, or better advice for the altering ofthe other which remainj for it is great reafon that that which is intended to the profit of others, (hould be guided by the conceits of
others

1[ I refiringantur adhabilitatemrei 43 civili Jura fang^inU nuHo jure dirimi poffitnt • 44 12 Receditur aplaatis jurif potitft quam injuria^ne deliBa maneant impunita. 31 S ty£fiimatio prateriti deliBi ex po^faBe nunquam crefcit* 33 9 St*9d remedio defiituitur ipfa re valet ^ fi culpa ab54 fit.PvEGULAE. non operatur idem in civtlibm. iT^jure non UMom cauja •- ^\ea ^roximafpeBatur* fol. 5 6 Corporalii injuria non recipit afiimationem turo» defw ^9 7 Excufat aut extenuat deliBum in cafitalibMy quod. 5^ debent verba in demon Brationem falNon accipi 1 fam^qua competum in limitationemyeram .u 2 ATon potefl adduci exceptio ejufdem reiiCuju4 petitur dijjolutio. 10 Ferbageneralia velperfona. 54 i^ Licet. C 2 . 3 4 5 VerbafgrtiMaccipiuntur contra proferentem^ p Sji^dfub cert a forma concejsum vet refervatum eji^non trahititr ad valorem vel compenfattonem 22 NeceJ^itas inducit privilegium quoad jura privata.

derogatoria qua minus ah eadempoteBate res dtffohamur a quihw confti' tuuntur-^ 6"/ Ip Non imp edit claufuU JO uiBfii inceptui cuJM perfeBio pendet ex volumate partium revocari poteB ^fiautem pendet ex vo^ luntate terttA perfome vel ex comtngemtjrevoca" rinonpotefi. & Veri86 tas nommistoUit errorem demonfirationu* THE .14 Licet diffofiuo deintereffe futurofit inutilU ^ ta^ nten^oteft fieridecUratio pracede/ts qudtfortia56 In crimmAlibm fufficit generally malitia intenti1^ onii cumfaBoparisgradw. 8r 2 3 Ambiguttas verhorum latens verificationefuppletur^ nam quod exfaBo oritur amhiguum verifi82 cationefaBi toUitur- 24 25 Licita bene mifcentur^ formula nifi jurU oh Het.y^ 2 2 Non videtur confenfum retinuijje^ fi quis ex pra^ fcriptominantiS aliqaidimmutavit. 59 16 Mandata licit a re^tpiunt jlriBam imerpretatio- tut effeBum interveniente novo aBu» nem^fedillictta 1 Utam d* extenfivam^ 60 X> efide dr officio J udicis non recipnur qudcflio^fed 1 defaentiafive error fit JudicisfivefaBu 61 PerfenaconjunBa aquiparatur tmerelje proprio. yi 21 Claufula vel difpofitio inutilis perpr<efumptionem remotam vel caufam expoftfaBo non fulcitur. Trdtfentia corporis toUtt err or em nominU.

whereby . without looking to any further degree.j^^g j^ and the grantee commit treafon. As if an annuity bee & mpendendoj granted fro confiUo imfenCo ^. fpeElatur^ In jure non remota caufajed proxima Twere infinite for the law to judge the caufes of cauone fesjand their impulfions ofanotherjthcrefore itcontenteth it felfe with the immediate caufe 3 and judgeth of ads by that.THE MAXIMES OF THE LAW.

becaufe as compulfary. faire. fignc. heritancc is reduced to me. becaufe the lawtion ufe of the doth refped that there is^no immediate confiderati*on between me and I. a leafe. to the intent he fhall infeoflfe my fonne 5 by this no ufe arifeth to I.i.whereby the in. So if I be feifed of an advowfon in grofTej'and an ulurpation bee had againft me .and the obligee before the day accept of mee a leafe of an houfe in fatisfadion.H.for the fecurity of I ooi. is mineowne ad. but the admiflionof my Clerk.to ftand feifed to the faid LS.cap. and more ftrongly of a refignation moved from the party himfelfc y but the law rcgardeth not that .wherby he is imprifoned.! fhall bee remitted. and no: vo- the nor giving counfell of the jmprifonmcnt.4. v\ but excufeth him. a ftranger in confidera- i H. of deprivation.S.8. be deprived or re- 2 H.5. in regard Litt. which is the ad remote .7.this is no plea in debt upon my obligation . is the ad of theOrdinary^ So if I covenant with I.S.u^Q.S. and at the next avoidance I ufurpc arere.2. y cr it was the grantees a(5l and default to com»nit die whereby the imprifonment grew But the : law looketh not fo luntary. So if I be bound to enter into a ftatute before the Mayor ofthe Staple at fuch a day. becaufe the admifllion of the new Incumbent is the ad of the Ordinary. the fucccfTors (ball avoid the leafejand yet the 2^. and yet the end of thatflatute was . fo that the gnntor cannot have accefs unto him for hiscounfcljyec ncvertheles the annuity is not determined by this nonfeafancey treafon.. and yet the prefentation. ofnaturall love to my fon. and ^^ ^^^ Parfon ma ke c3.

is a corporall ad which lieth not in fatisfa^ionjthereforc the law taketh no cgn/Ideration that the remote intent was for money. in the firft degree the law rcfpedeth dignity of fexe and not proximity.the condition is not broken. which though they be conveighed through many degrees and reaches . which but bccaufe the entring is the immediate a<3 whcrcunto I am bound.40. This rule faileth in covenous z6is . (j'f|g^'||b^"'^ * ^' ' ' So if I enfeoffe two. bccaufe the land was never liable to the ftatute.no breach of the con.&41. that the feoffee fhallinfeoffe over. the law doth not refpeift. and therefore the remote hcire on the part of the father fhall have ic before the neere hcire on the part of the mother but in any degree paramount the firft the law refpe- ^eth not. As .tbis is. "'rc^rq'o'rr^^^ ic treircveieni which ftatute is difcharged before dition the recovery of the Iand.andcouQtechallasone entire ad. and the feoffee be Jui'usWm- dilfeifedj&adifceccaftj&thenthefeorfcc bind himfelfe in a flatute. yet the law taketh heed to the corrupt bcginning.and then the feme is entitled to dower.and therefore the nfe^re heire by the grandmother onth€ part of the father.ftiall have it before the remote heire of the grandfather on the part of the father.upon condition to enfeoffcj& one of them take a wife. and dye without iffue .EI.: '0) wasbutfccurity ofmoney into this ftatute it : felfe . Soif I make a feoffment in fee. upon condition M. and yet there isaremote poflibility that the jointenant may die. So if a man purchafeland in fee-(imple .andthepolfibility that it fhould be liable upon the recovery.

though the difccnt be'caft in law but the law doth but execute the ad which the ^^ufc is : party procureth .S .?. purfucth him to kill him.andI.^.whercupon hee throwes downe his Piftoll.andflyes.with a Digger 5 if the law ihould confider the laft impulfive caufe. and not the laftimpulfion. this rule holdcth not in criminall ad:s 5 exceptthey have a full interruption .dc difc from the party . and . had fallen downe his Dagger drawne. and I.ftamdolu6 circuitu nonpurgatur* In like manner .D. . it fhould fay.that which the law doth principally behold. that it was in his owne defence 5 but the law is othcrwife . whereupon he tumeth and killeth I. for it is but a purfuance and execution of the firft murthe- 44 Ed.(hall go quit.D. Alfo you may not -confound the ad with the execution of the aftjnor the entire ad with the laft part. becaufe when the intention is matter of fublhnce .cap. there I. As if I. had been felo defe^znd I . rous intent. of malice prcpenfed difcharge a PiftoUat I. there the firft motive will be principally regarded. or the confiimmation ofthe ad. For if a diffeifor enter into rcligion5the immediate Lit.S. which feoffement to I.D. had fallen by haftc upon his Dagger.S.and mifTeth him.D. upon condition that within a ccrtaine time he (hail infeoffe LD.D. (s^ fici convey Co. But if I.D. and therefore the difccnt fhall not If bind.S. this feoffment is within the ftatute oi^Z'H.(4) As if a feoffment be made of lands held by Knights fervice to I. Ihall be to the ufe of the wife of the firft feoffor for her jointurej&c.

(5)
If a Icafe for yeeres be
theieflce

made rendring a rent , and make a fcoflfement ofpart, and thcleflTor
is

^^•^^^'^

from the law in rerpe(5J: i4-H.8.fo.4, of the forfciturejthough the entry be the zd of the ^^*
enrcr,the immediate caufe

party

5

but that

is

execution of the

title

but the purfuance and putting in which the law giveth, and

therefore the rent or condition fhall be appointed.

So ih the binding of a right by a difccntj you are
toconfider the whole time from the diffeifin to the difcentcaft, and if at all times the perfon be not priviledgcd, thedifcent bindcs.

covert be diffeifed^ and the Baron dieth, and (hee taketh a new husbandjand then die difcent is caft or if a man that is not mfra
:

And therefore if a feme

^ ^-7.^4.
3.

&

4.P.& m.

and hee returne into Eng- ^' land, and goe over fea againe, and then a difcent is caft 3 this difcent bindeth bccaufe of the interim when the perfons might have entered , and the law refpc(5teth not the ftate of the perfon at the laft time of the difcent caft5but a continuance from the very
4.

Mari£\ bee

diffeifed,

^^i-

dilfeifed to the difcent.

So

if Baron and feme bee, and they joine in a

feoflfement

of the wives land rendring a rent, and the Baron dye, and the feme take a new husband before any rent day,and he accepteththe rent,the
fcofif-

mentis affirmed for ever.
JSTonpotefi adduc't

excepio ejufdfm rei^ cuju6
it

R^gula 2,

fetiturdtjjolutio,

TT were impertinent and contrary in
•*^Iaw to allow

felfc/oi the

ofa plea in barre of fuch matter as is

D

to

to be defeated
thervvife a
fe<5t

by

the fame fuit 5 for it

is

incIudedjO-

man (hould never come
fuitjbuc

to the end and ef-

of his

be cut off in the way.

therefore if tenant intaile of a roannour, whereunto a vilieioe is regardant, difcontinuc and

And

dyCy and the right of the
leine hiaifcife,

entaiic

who brings ^formedon
,

defcend to theviland the dif,

continuee pleadeth villenagejthis

the devefting of the mannor

is no plea , becaufc which is the intention
,

of the fuit, doth include
mineth the villenage.

this plea

becaufe itdeter-

So
the

if tenant in ancient deraefne

bee diffeifed by

fcigniory is fufpcnded, ancj the difleifee bring his aflize in the Court of the

Lord , whereby the

7.H.4 55>. 7.H.5.44.

Lord, FranckefeeisQoplea, becaufe the fuiteis brought to undoe the diffeiff. and fo to revive the feigniory in ancient demefne. So if a man be attainted and executed , and the ]xQi^Q bring a ^vrit of error, upon the attaindor , and the corruption of blood by the fame attaindor bee pleaded to interrupt his conveighing in she fame writ of error, this is no plea , for then hee were without remedy ever to reverfe the attaindor. So if tenant intaile difcontinue forlit'e rendring
arent , and the
brings ^foymedon^ and the warranty of his anceft or with alTcts be pleaded againft
ifluc
is

3-

.Ed.3.32.

hini^andtheaffetsislaidtobee no other but his reverfion with the rent, this

no plea^becaufe the/ormedon which is brought to undoe this difcontinuance doth inclufively undoe this new reverfion in fee
with the rent thereunto annexed.

But

(7)

But whether this rule may take place where the matter of plea is not to bee avoided in the fame fuite
but in another fuit,is doubrfull ; and I rather take the law to be that this rule doth extend to fuch cafcs/or otherwifc the party were at a mifchief, in refped the exceptions and bars might be pleaded crofle either of them in the contrary fuir, and fothe party altogether prevented

& intercepted to come by his right. So if a man be attainted by two feverall attaindors^
is

and there

error in

them both , there

is

no reafon

but that there ihould be a remedy open for the heire to reverfe thofe attaindors being erroneous, as well
if they

be twenty as one.

And therefore if in a writ oT error brought by the
of them jthe attaindor fliould be a plea peremptorily ,and fo again if in error brought of that
heire ofone

other,the former ihould be a plea, thefe were to exclude

him utterly of his right ; and therfore it ihould be a good replication to fay that hce hath a writ of error depending of that alfo , and fo the Court ihall
proceed ; but no judgement fhall bee given till both pleas be difcufTed and if either plea bee found without error 5 there (hall bee no rcvcrfall either of the one or of the other andi^hec difcontinuc cither writjthen flialli'- be no longer a plea: and fo of feverall outlawriv^s in a perfonall adion, Andthisfeemethtomee more reafonable, than that generally an outlawry or an attaindor ihould be no plea in a writ of error brought upon a divers outlawry or an attaindor, as 7.//. 4. and 'j»H,6>
:

:

fcemeto hold, for that

is

a remedy too large for the

D^

mif-

mifchicfe 5 for there

Is

(8) no rcafon but if any of the

outlawries or attainders be indeed without errour,

but

fhould be a peremptory plea to the perfon in a writ of error as v/eilas in any other adion. But if a man levie a fine S^ connfame e de droit
it

come ceo qtie tl ad defon done y and fu tfer a recovery of the lame lands ^and there be error in them both, bee cannot bring errour firft ofthe fine , becaufe by the recovery his title of error is dilcharged and releafed in law mcLfiie^ but hee rauft begin with the error u pon the recovery (which he may do,becau fe a fine executed barreth no titles that accrue</^pvy5z^
temps after the fine levied) and foreftore himfelfeto his title oferror upon the iine: but fo it is not in the former cafe of the attainder ; for a writ of errour to
a forcner attainder is not given away
cept
it

by a fecotidjex-

be by exprefTe words of an

ad of Parliament,

but onely it remaineth a plea to his perfon while he livetfajondtothe conveyance of his heire after his
deiBDh;.

But if ain an levie a^ne where 'he hath nothing in the land, which inureth by way of conclufion onely, and is executory againft all purchifes and new titles whkh fhall grow co^tk^ Conufor afcerwarxl's , and he purchaife the land , 3Bd faff^r .-'r'^overy to thfc Conufee, and in both -fine arid recovery , there is rcror .T\:nsRncis J anu4 bzfrons ^ and wiUlookcforwar<^,aindbarrc:himofhisvvrir of error brought of therecovery, and therefore it will come to the reafonof the firft cafe ofihe artaindor, rhat he muft rcpiy thathc hath a writ alfo depending of thciame line, and fo demand Judgment.

To

^^i'^' T^His rule.taking them ftiil beneficially for the graunteesand pofiftifours and fecondly^becaufe it makes an end ofmanyqueftions and doubts about confhucSiion of words for if : . Verba fortiu6 acctpimtur contrsfroferentem.nextitis author of much quiet and certainty. w hereunto the tenant hath pleaded the difcent of the rever/ion of white acre . .* the . and tnat in two foi ts firft. and y et there is no doubt but ifina formedon the warranty of tenant intaile with affets be plcadedjit is no replication for the iffue to fay. and /o cotitrary. and in the formedon brought of white acre the revcr/ion and rent refcrved upon blackeacreis pleaded . and bnngethaformecioju of both . though it be oae of the moft common grounds of the law.S. that a Praci^e dependeth brought by I. for iirft it is a Schook-mafter of wifdome and diligence in making men watchfull in their owne bufinefle.(9) To returne to our firft purpofe^like law it is if tenant in taile of two acres make two feverall difconti- nuancesto feverall perfons for life rcndringarenr. But the former cafe ftandeth upon the particular reafon before mentioned. that a mans deeds and his words iliali be taken ftronglieft againft himfelfe . becau fe it fwourcth a(fls and conveyances executcd. and fo neither fhall be a barre . it ^ isnotwithftandingaruledrawneoutofthedepthof reafon. that he hath a/or7nedon alfo upon that depending . to evi6t the affets. I take it to be a good replication .

coliedive onely of joint adions.i8. in ambiguity of words. and then in pleadings.S. had fubmitted himfelfe to arall bitrement of adions and fuites which hee hath now depending. bccaufein theowas hardeft againft in this cafe ftrid thercafe at large conftru<5lion him that fpeakes. and fir ft we will examine it in grants.S. and deducing or qualifying the expofition of fuch grants as were againft the law. except it be fuch as arc betweene him and I . 2I. itrefts ambiguous whether the fubmiffion fhallbee intended coUedive of joint a(5lions onely.N now it fhall bee underftood .N.R.?. in implication of matter . where it taketh place.ifthey were taken according to their words. 2. and where not.7.S.. andl. 3 s but a found in the aire.J9. and commeth in fometimes tohclpe and make up other reafons without any great inftruClion ordiredion^except it bcduely conceived in point of difference .H. or diftributive of fcverall adionsalfoj butbecaufethe words fhall bee taken ftronglieft againft I. and I. whereas this rule doth give them a fway to take the law more certainly one way But this rule^as all other which are very generall. it fhall be underftood of both : for if I. fubmit himfelfe to arbitre- mcnt of all adions and fuites betweenc him and LD. that fpeakes them . The force of this rule is in three things . So .D. And therefore if I. ' " (to) the labour were onely topicke out the intention of the parties5cvery Judge would have afeverallfenfc. and is conftrudion hardeft.

lo. and let it for ycares . and y et . becaufe thefe words reft ambiguous whether I intend three pounds by way of encrcale. the come paffeth to my lelTee .pounds addition to the ten but if I had let land to 3 Baron and feme for three lives^rcferving ten pounds fer annum y and if the Baron dye rcferving three pounds. pounds rent. Soifldemife omnes bofcos meos in villa de dale ^g'^'lb"- for yeares.Aff. it fliail bee taken me that am thegrauntorjthatitis . this (hall bee taken contrary to the forftronglieft againft : mer ' cafe. and not breake the condition. not mentioning the warren the warren the leffee by implication *flLill have discharged and extract during his leafe but if I let the land i^na cumltbera warrenna^ excepting white acrCjthere the warren is not by implication re- So if I ^/^^'f^^ ' let my land for life ^ . to abbridge my rent onely to three pounds. may iliall make me c a leafe for I yeareSjand I. if I except it not 5 but if I make a Icafe for life to I. S upon condi. tion that upon requeft hec requeft. or three pounds by way of reftraint and abatement of the former rent of ten pounds . but . and then make well make mee aleale excepting his corne. but if I demifc all my lands in dale exceptisbofcff^this extendeth to the trees onely and not to the foile. this pafTeth the foile.1 (II) graunt ten pounds rent to B.S. So if I low my lands withcorne . foweth his ground .p.u*on and femc^ and if the Baron dye that the feme fliall have three if I So s. have free warren in mine ownehand .S. I. : fervcd unto me eithertobeinjoyedorextinguiflied.

the remainder to I.which words feem to intend. excepting the rent.S.S.3a9. Jife . and I graunt the mannor . holds by : fealty and rent. it is word (heires j and all arc void. and his heires > this grant cannot bee good in all the parts.air.S. not fpeaking of the fealty. yet implication fliall pafTe. which could not have pafTed by intendment by the grant of the rent but if I be feized ofthe mannor of Dale in fee.Hd.S» a larger eftate than the •' good fee-fimple.6<?. fealty.and to leave it a rent in fec-fimple . and a gift cntaile the word (males)is void But if I make refer ving a rent to me and the heires of my body.io. Afl. and rent.S fhall have but a rent fecke. Ocherwife had it been if the feigniory had beene a6.pi. . by homage. becaufe ray . but the and leaves but a rent for fay. give land with my daughter in franckc marriage.pi. So and I if I. mee by grant fhall be taken (Irongly as of a rent fervice. (12) but the leafee fhall liave warren againft me in white acre.the words {of my body) are not void. according to But if I the words: for francke it is incident to the nature . the fealty fhall pafTe to the granteCjand I. hold of grant the rent the fealty by fealty an^ rent onely. ip. . becaufe of the dignity of the fervice . and 44. not of a rent fecke.. So in grants againft the law and his heires males. of a gift in marriage that the donee hold it of the donor. whereof I. this is is a if I give land to I. except that you will any but a limitation to fliall my heirc in fee5 llmple which be heirc of my body for it can- not be a rent entaile by refervation.

f. "« it be firft placed in the deed fhall be void as a franck ""^ ^"c '" erant quant marriage. 4^-Ed. mce and my heires marriage ftands caufe it is ten pounds rent now the franck good and the refervation is void. but that fhall bee difchargedofS"'^\^'^^i=y ^" "^ •' my rent.pi66. excepting White Acre.banco.en. Blacke Acre ..H. bccaule it is repugnant 5 but if I let vvaimcfley the three Acres aforcfaid lings rent.void^autera limitation of a benefit to my felfe.[Jf^ ^e my felfc . and therefore ftrongly againft my "^ deed fliall bee taken fo i*e^^.za. & obligo manerium & omnia bona C^ cat alia mea fufer manerium ft ddiBumexi" fientiaaddiftringendumper BalivumDomini Regis : this limitation of the diftrefTe to the Kings BailifFe is 4.S the grauntee and his Bailiffes. my raannour of Dale. and Greene de Sm AnderAcre to I. So if I graunt a rent to I . So if I let White Acre.^s:.S. nottoaftranger. but it fhall be utterly voide as ifno refcrvation E . as in the other cafe to make a refervation of twenty fhillings good unto my fdfe. ^ndfJ^^^^'J^ coni. But if I give land intaile tenend' de cafttalihw iEd. and^fnt'""" ^^' ^ .be. that rather than the re- maindcr fhallbe void . Dominif per redditum viginti [olidorum tern : this limitation & fideltta- of tenure to the Lord is voide. and his heires out of z6.?«J*.4o- White Acre tenMlings. and it (hall not bee good . I fhall not diftrainc at dc Warwick & Greene Acre . his excepti-^^^'l^^"'^" on IS voide . thefrancke marriage though le contrary. is good to give a power of diftrelle to I. void.6. ^ lunpa^dd fau ne poir cf^°*j7(i°rpferra But if I give land in francke marriage referving to . for Blacke all in Acre ten fhillings .S. viz.4. for 3 ^ ^ d"nS^« rendring twenty fhil-Juft-P. 03) donor . and it .

SoitI givelandtoI. (14) made s and if the truth be that I that am the donor hold of the Lord paramount by tion at all had been pio" ^f' ten fhillingsonely jthen there fliall bee ten fhillings onely rcferved upon the gift entaile as for ovelty. equity and humanity. toconfider. and never to be relyed upon but faile 5 where all other and if any other ly in the rules rules of cxpofition of words in place .Ed.pi. ii. doth not as it were its office. which rules you fhall afterwards find fet downw^ti their expolitions and limitations. & 5z. 31. that this rule is the laft is to be reforted to. that this being a rule offorae ft ridneffe and rigour. but in abfence of other rules which are of mprc. A^. tf^tn -ff* But now to giveatafte of them to thisi prefent purpofe. it is a rule that generall words ihall never be ftretched too farre in intendment.S.8. Therefore if a man grant to another Common mtra . excepting ten Mlings rent."<j?i4f vation will carry a remainder to a ftranger. it be underftood which the law holdeth worthier .49. thefe words ofexception to mine owne benefit fhall never inure to words of refervation..andfordefaultoffuch iffue quod tensmentum pya^i^^»^ revert at ur ad /. that when they encounter and crofTe one another in any cafe . . ans utter thus r4. and the heires of his body. and to bee preferred . : J^erhageneralta reftrwgumur adha^i bilitatemperfonie^vel ad apthudmem ret.S. But now it is to be noted .AiX. come this giveth places And that is a point worthy to be obferved general- of the law. and it is in this particular very notable. But if I letwhiteacretoI. .j.H.-: . which the Civilit.25. yc t thefe words of rcfer- " j j?H.

reddend. and his heires . to fay the limitation fhould be void.&C. and fay nor in how many parts to bee divided .nor 7. they fhall declare quod bonafuacepit.D. this (hall bee conftrued foure parts of five^and not of ^. & htczwknoncon^at whether itmaybeadevaftation. and part his wafte and Comraonjthe tra metas grauntee fhall not have Common in the Several]. and his heires .condic. So it is a rule5that the hw will not intend a wrong. qmnque Itbras a^nuatim to I. terpretano^ qu^vitio caret.cap. "verba aliquid operari deb em . grant omnia bena goods which they have as executors will not paffe. which the Civilians utter thus Ba efl accipiendam: Lit. andfoa wrong 5 and yet againfl the trefpaffer that taketh them out of their hand . this implies a condition to me that am the grantor.S. yet it were a ftronger expofition againft mec. And thereforelfthe exe- catalla fua ^iht cutor of I.S. ut res magis valeat quam pereat : and therefore if I give land to I. And therefore if I buy and fell you the fourth part of my mannor ofdale . that they worke fomewhatjand be not idle and frivolous .Ed. verba cum effeBufunt acciptenda.(15) &bundas vilU de daUy^wd part of the ville is his feverall . beciiufe that it is the ftrongeft againft me. t. but on the other fide. So it is a rule. that words are fo to be nnderftood. or the whole or foure quarters 5 and yet that E 2 were . io. this is the ftrongeft cxpofition againftthe So it is a rule3 Verba ita [unt imelligenda . and yet grantor.and the fcoffcment abfolute. it fhall not be intended foure parts of four parts.4.

or other principall intereft . Divmatio non merpretatio eft. becaufe co^ulam verbo- & yum indicat accefttonem in eodemfenfu^znd the word de {angUce out of) may be taken in two fenfes. and fo it is of all other rules of expoflcionofgrants when they meet inoppofition with this rule they are preferred. you fhall findc that in all imperfe<5li- ons . the rent of five fhillings fercipena* de reddit' predzH' de ommhu4 terriscf temmemis meismdale^ with aclaufe of diflrelTe. and that the coupling of it with lands and tenements. or grant of part of that rent with an enlargement of a diftrefte inthe otherland.S. either as a greater fumme out ofalefte . butfor that it is againft the words. becaufe perciptend' de&c* may well bee taken for farcella de c^r. viz. without violence to the words. ' Now toexanainethis rule in pleadings as we have done in grants.6. but then the words were idle andofnone effed. and yet that were ftrongeft againft me to have it a double rent. yet it is void .5. S. be the perfon that payeth mec the forcfaid rent of ten (hillings. that is. (1^) were ftrongeft ofall . or as a charge out of land.H.ao. I reciting that I am feifed of fuch a rent often ihillings J doe grant five fhillings percipiend' deeodem reddii it is good enough without atturnemenr. and I reciting the famerefervation doe grant to I.qu<t omnino recedtt a litera : and therefore if I have a fee farme rentifluing out of white acre often (hilhngs. but if it had been de reddif' prediB' although I. So it is 3 rulc. although there be attumcment yet nothing palfeth ou t of my former rent.

L (17) of pleadingSjWhcther it bee in ambiguity of words and double intendments . inj. and then was fuffered toefcaperl. the demandant him fclfe was feifed in fee quoufque ^rediB' I »D . plead that before the efcape fuppofed at fuch a day the faid LD. any thing had .es.N. e^ /. that it was a lawful! entry.H. ad tunc vie ec omit es futfercd . the tenant pleads jointcnancy with I. D. which is. vit difjeifnit* may bee So upon ambiguities that grow by reference.Shcriffes of London upon anefcape.and fo continued///^ cuflodta.iJ. andthe plaintiffe doth declare upon an execution by force of a recovery in the prifon of Ludgatc fub cujloMa l. therfore he Ihould have alledged precifely that ID. then Sheriffes in i.5.D. the pica fliall bee ftridly and ftrongly againft him that pleads. anno fuperita in narratione fpedficato and I. underllood either of a lawfuU entry.P.S. and thchardeft againft him ilull bee taken. ofls For ambiguity of words. .S.N.N* & I.K.H.Ed. if I.&I. or want ofcertainty and averments. .S.S.Dy. j.L.c?. if in a writ of entry upon diifeifin .and that hee fo continued p^ cuftddta 7. Ifanadion of debt bee brought againft I.fiifer foffefio- nem ejus imravit ^ and made a joint feoffemcnt. King H. I. in 2. or of a tortious .S.judgcment de briefe^ the demandant faith that long time before I.of thegittandfeoffement of I. 8 . and I.D.K. whereupon he the demandant re-entred and fo was feifed untill by the defendant alone hee was difbecaufe the word zntrafcifed 5 this is no plea .

8. that bee cn^ incertainty ^^ •^' ^^* Hd"^^* tred upon the pofTelfion ofthe defendant. non confat whether this entry was in thehf e of the anceftcr.for it may be miffclaid by the PlaintifFe . and therefore the Defendants meaning to difcharge thcmfelvesby a former cfcape.(18) red him to efcapejthis is no good plea. and it ihiU be hardcft taken that it was i. or 3.&c. and the pl-aintifc by replication to avoid the warranty. S. p^jj.andan abatement fhal not be improperly taken fordifleifin in pleading car farols font fleas. muft allcdge i6.8.S. . that it was after the warranty defcendcd. faith. ^^^ impropriety of words. the other raoity from the furrendcr. for there cannot bee an a- batement except ther e be a dying feifed alledged in fadl. becaufe there bee three yeeres fpecified in the declaration . this by proteftation feifed. but that fufficeth notjbut the yeare muft be alledged in fa(ft. ifit be not otherwife averred. when they were out of office and yet it is neerly induced : by tht adtunc vicecomites ^ which fliould leave the intendment to be of that yeere in which the declaration fuppofeth that they were Sheriffes. For repugnancy. habendum the moity for 21.H. or after the warranty attached and therefore it fhall be taken in hardeft fenfe. ifa man plead that his : anceftor died bated. yeeres from the date of the deed . and being fo feifed did demife the faid white acre to I. ais no plea . and that I.H. if a warranty colbe pleaded in barre . ifa man in avowry declare that hec was feifed in his demefne as of fee of white acre. it prccifely^ laterall of intendment . which was not in their time.

this rule may not be urged. that in pleading a man fliall . and yet the matter in law had bin good to have intituled him to have dift rained for the whole rent.j *'' every intent. rent.or determination of the eftate of I. if a debt be brought againft five executors 5and three of them make default. and nothing in their hands over and above that fumme. this declaration is infufficienc.and them 5 but bebarre is good: for that the the more common intent will fay that they two did onely adminifter. and fo the adion well confider ed. becaufe the feifin that he hath alledgcd in himfelfe in hisdemefneasof fee in the whole .bccaufe the other three fo the recovery not duely had againft caufe oft his other rule were not named. rather than to imagine. though not to be taken ftronglieft againft thera. So there is another rule. which is but general! and formal! .dp) dcr. qui tenet fr^tdiB' medietatem ad terminuminA[iiA re^^^«^' 40 . and the ftate for life of a moity are repugnanr^ and it {lull not bee cured by taking the laft which is cxprefled to control! the former.s.If this barre fhould common intent. it fhould be intended that they might have abated the firft fuit. As. and tv^o appeare and plead in barre a recovery had againft them two of 300^. Butthefamereftraint followes tliis rule in pleading that was before noted in grants for if the cafe befuchas falleth within another rule of pleading. that they would have loft the benefit and advantage of abating the writ. but the plea is naught . : And therefore it is a rule that a barrc is good to a 9 Ed.expiration. . D.

and the third part if there be iffue had. that if the feme ofthe obligee doe deceafc before the feaft of Saint John the Baptift.becaufe it is to be brought it makes againft the defendant . in which cafe .R.and declareth that her husband dicth without iffue had between them 5 if & this count fhould bchardlieftconftrued againft the if- party. without iffueof her body ving.i on the other fide. if no iffue be had betweene her and her husband . that then the by her husband lawfully begotten then libond fhall bee void. which fhall be in the yeere of our Lord God 1598.Dy. in of the plaintififes fide. though not by her . and to be left unto the contrary party to allcdge. ^ And therefore if a man bee bound in an obligation. fol.H. and in debt brought upon this obligation the defendants plead that the feme died before the faid feaft without iffueof her body then living: if this plea fhould bee taken ftrongUeft againft the defendant ^ then fhould it bee taken that the feme had iffue at the time of her death . but this iflue died before the feaft'. then the pica ihall not be taken in thehardeft fenfe^but in the moft bencficiall. but that ftiallnotbee fo underftood.fhall (20) not difclofc that which is againft himfelfe : and therefore if it bee matter that is to bee fet forth is. and that without traverfc. So ifin a detinue brought by a feme againft the executors ofher husband for her reafonablc part of the goods of her husband. it fhould be intended that her husband had fue by another wife. and her demand is of a raoity . and fhee declares upon thecuftomc of the Realme by which the feme is to have a moity.

andtheheires males ofhis body b'egottenjtheremaindertoF. and in the evidence given \o malntaine the entry of the daughter upon ^forfeiture. with a claufeof default. C and the heires df'her body . becaufe a Jury may take knowledge of matters not within the evidence . Judgements^ are not &c.ca(e the feme (hall but that but to have the third part likcvv^Ife . how this rpl^ which we handle is put by when it meets wich any other rule. thefe being fufficient not only for the ex '(fbtxpounding of thefe other rules . and evidence perpetuity jand the queftion comes upon the point of forfeiture in anaifize taken is by given. but ohiter to (hew. C« to hisfonLC. it is not fet forth nor averred that the devifor had no other iffue male. neither in devjfes and wills upon fev^afl reafons jbut more efpecially it is tp^bc noted . As for Ads of ParliamentjVerdids.Candthe heirs males ofhis body bcgotten^the remainder to the heires males of the body of the devifor^the remainder to his daughters.and demurrer upon evidence.and it (hall bee fo intended 5 and the rcafbnhereofcannotbee. which words of parties : in them this rule hath-ftf* place at all. that in evidence it hath no place . not be fb intcndedjbecaufe it is matter Is of reply to be fhewcd of the other (ide. And fo it is of all other rules of pleadings .yet the evidence is good cnough. and the Councontrariwife cannot take knowledge ofa= ny matters not within the pleas : for it is ckere^ that if F . whiclj jjet leenies to have fome affinity with pleadings^rpcciaily when demurrer is joyned upon the evidenceAnd therefore if land be given by will by H.

or incertaine. dcnce out of their own knowledge . becaufe it is to bee thought that the Jury will pafle againft him. though it bee in their liberty fo to doe. I ^Helaw permitteth every man to part with his own intereft^and to qualifie hisowD grant as ic pleafeth hirafelf. therefore the law alloweth a demurrer upon evidence alfo. ing but to open the verity of the matter in fad indifferently on both parts. But if I take the reafon of difference to be between pkadingSjwhich are but openings of the cafc^Sf evidences which are the proofs of an ifTue^for pleadings b.yet neverthelefTe the Ju-ryis not compellable to fupply the defedofevi-.& f-ot pro- ving the inTucthere^although the Jury might find it.or elfe he were at a mifchiefe. Another reafon is. yet a demurrer might vvelbe taken upon the cvidece. Meg.(22) if the evidence had bii altogcchcr reraote.^ ^odfuh certa forma ' concejium vel refervdtum efi non trahitur ad valorem vel comfenfationem. hath no fcope conclufiontodircd thcconftru(aion& intendment of them. the adverfe party is at no mifchiefe . becaufe the adverfe party may know wherto toanfwer. that pleadings muft be certain. is '. vhich mifchiefe " remedied by a demurrer j but in evidence if it bee jfhort.and therfore doth not admit any allowance or recompcpce if the thing be not taken as isgrantedo. and therefore muft bee certain 5 but in evidence and & proofs the ifTue which is the flate ofthe aucflion and conclufion fhall enclinc and apply all tb^proofes as tending to that conclufion.impcrtinent. it •* Sa .

beafts5 or 3 ©. which is not fo. io. So if the place be limited. here the time is certain and precifc. But it may be thought that the reafon of thefe cafes is the default and laches of the grantor.h. For put the cafe that the houfe where theEft overs ihould be fpcnt be overthrowne by the ad of God. as if I let my Park rcferving to my fclfe all the Deer and fufficient pafture for them. as by tempeftjor burnt by the enemies of the King.^.loads of wood or hay the third yeare if heefprbeareforthefpaceoftwo yeares . As if I grants Common uhicunq^ averia me a iermty F 2 the . yet he fhall make void his owne graunc rather than the certain forme of it fhould be wreftcd to an equity or valuation. yet there is no recompence to be made.(23) a ^render ^\i I grant Comon for ten beaftSjOr ten loads of wood out of nay copps^or ten So in all pofits i 7. And in the ftrongeft cafe where it is in default of the grantor . yeercSjhe loads oF hay out of my meads to bee taken for three fliall not have Common for 3o. or if I grant Eftovers to be fpent in fuch a houfe^or ftone towards the reparation of fuch a CaftlCjalthough the grantee do burne of his fuell and repaire of his own chargejyet he can demand no allowance for that he took it not. So ifthe kinde be fpecified. if I doe decay the game whereby there is no DecrCjI fliall not have quantity of pafture anfwerableto the feed of fo many Deere as were upon the ground when I let itjbut am without any remedy except Ireplenifh the ground again with Deere.

as if Ig^raunt . and I dye 5 then my hcirc fhall have twoprefentments^and my wife the third. ifhee negled to take his turne ea vice^ht is without reme- when I put them inj not upon every moment. and my grauntec fhall have the fourth j and it doth not impu^ne. or at lead the defift. he is without remedy 5 but if I put in .N.R 8 Dv.(24) otherwife entitle himfelfe except that he averre that in fuch grounds my beads have gone and fed .58 H froxtmatH advocattonem tol . becaufe re contigerit^ now I had granted that before^ and it cannot bee t^ken agaiaft the words.//lam advocAttonem^quam pojf mortem^ refignationemy *tmrne. and I.dmefo' trarifl'atUnem^^el de^rivanonem rl e grant is meerly void . and I grant by precife words. it general! feafons houre or "^wtMlgrdni tertUm advocationem to LS. is Incumbent.froximam advocattonem tolS . yet the Commoner may continue 5 coptrarithe words of the grant had been quandocuHque averia mea ierint^ for there it depends continually upon tlie putting in of my beads. dy but if my wife bee before intituled to Dower.Dand then graunt pr^?- xtmdmddvocationemto\S.' wife. and after b^ poverty or otherwife I the Commoner cantwt . which I may lawfully grant or difpofe. i^.xhXs{h2X\hQt\nicndtd the next to the next. LN .this rule^t : all becaufe the graunt ihall receive that cp^ftrudion'at the firft that it was^ intetided j fMchan avoidance as may bee taken and enjoyed. SlBdtrey But if I gX3X\x. and if I never put in aay^buc occupy my grounds otherwife.

or on the boats fide to keepe him{^\k above water. (»f) Nece^itas tnducit p'tv'tkgium quoad jura frivata. and another to lave his life thrufl: him fromit5whereby he is drowned. ''°'^^'^flrued to be incertainty)flial forfeit his merchandize.e. on of life.. ReiruU y.-o.cond.Stamf. and . and the Jailc by Cond. Ifa man fteale viands Stamf. nor breaking ofprifon. this is no felony nor larceny. Necellity is of three forts. this rs no efcape. neceflity ofconfervati.doeotheiwire. and it is fo that by tcmpeft a great quantity of the merchan- .4 e^-^. Kebk. So ifdivers bee in danger of drowning by the caof fomc boat or barge. t j . to fatisfie his prefcnt hunger . So upon the Statute.^4H teth his merchandize on land without fatisfyingthe^^j ^^i Qjflomer or agreeing for it( which agreement is con. viledge in it felfe. this is neither fting away fe defendendoviox by mifadventure5but juftifiable. and there- fore ifeithcr there bee an impofTibility for a man to . &.that every Merchant that fet.pacafualty is fet on fire .orfo great a perturbation ofthe judgment and reafon as n prefumption of law mans nature cannot overcome ^ fuch necefsicy carrieth a pri- 4-Eci. neceifity of obedieace^and neceflity of the 3(51 of God or of a ftranger Firft of confcrvation of life .one of them get to fome plancke. where there is not a confent and eledion . So if divers felons bee in a Jaile . whereby the prifoners get j^°h''^v forth. 'TpHelaw chargcth no man with default where "• the ad is compulfory and not voluntary .5.29." 7.

is So ifa man have right to land 5 and doe not make of force .42. as if I & Cot- .or by inva^^^^ of enemies .6.38. where note that neceffity difpenfeth with the dired letter of a ftatute law..Ed. So ifa warrant or precept come from the King to B. or thunder lightning. ofappearance by cretain de eau^ and avoidc fhail finde his debt by dure[je^ whereot you proper cafes elfewherc.ii.j. except it be in point ofconfpiracy 5 which is againft the law of nations and fociety. I am excufed in wafte. yet the over- not forfeited.Ed 3 . the law allowes him acontinuall claime.o. or if I have belonging unto it fomc ftranger .. The fecond neceflity is of obedience . which (hall bee as beneficiall ^^^ ^"^^y ^^^ terrour fault 39^.becaufe the law intends her to have no will .k./o.per Th. fore Fuzii.cor. So one reafon among others why Embafladours are ufed to bee excufed of pra(5tices againft the State where they refide. fliort of the truth. 42. in regard of the fubjedion and obedience fhe owes to her husband. whereby the Merchant agrees with the Cuftomer by eftimation which falleth out quantity iit.wa be particular tenant for yeeres of a houfejand it be overthrowne by grand tempeft .waft. the Feme can neither be principal nor acccfrary.<.'i6o.or by fuddcn floods. The third neceflity is of the adl of God.'^. or of a fell B. wood upon the ground whereof I am tenant for life or for y eeres ..6.pi. Ed.EJ.H. and thercwhere Baron and Feme commit a felony.is.6.Fitzh. i9.4.?.H 4.j I. becaufe non co-nflat whether they have it in mandatif^ and then they are excufed by neceflity ofobedience. B.i91 4. merchandize is cafl over board .

then he cannot for any danger'of tempeft juftifie the throwing of them overboard/or there it ta : for death is lar necefsity. no vvoikcman to repaircthcm. : holdethwhichwasfpokenbythcRomanejWhenhe alledged the fame necefsity of weather to hold him from imbarquing . (27) Cottage which hath been infe(5lcd . for frivtlegiuM non v^let contra remfublicam: and as ^nOther isiithy neceJsitaspubUca major eliquampriva- the laft and fartheft point ofparticuand the lawimpofeth it upon every fubjed.^fl^pi. I may Juftifie the '^-J^-s-io-pcr So pulling down of the wall or houfe ofanother man to z^. whereby I can procure none to inhabite them . that ncceflity priviledgeth only quoad juraprivatay{ot in all cafes if the ad: that fhould deliver a man out of the ncceflity bee a- gainft the Comonwealthjneceffity excufeth not.andfotheyfall downjinallthefecafcsl am excufed in waftc but of this laft learning when aRdhowthea(5tof God and ftrangers doe cxcufCj : jzej. shdiey. So in the cafe put before of husband and wife. Nfcejfe efl ut eam^ non ut zivam. the necefsity of obedience doth not excufe the offence as it doth in feiony^becaufe it is ^ ^ Commonwealth .. j5o againft the * ' g j> ^^^ / . if they joine in committing treafon. that hee prcfcrre the urgent fcrvice of his Prince and Country before the fafcty ofhis life As if in danger of tempeft thofe that arc in the ihip throw over other mens goods .?. '^^^'^ '^'^ *^*^ * there be other particular rules But then it is to bee noted. ifa fire bee taken in a ftreet. Fj zh.Waft. they are not anfwerable: but ifa man be commanded to bringOrdnancc ormunitionto relieve any oftheKings towns thatare diftrefled'.

4.(28) fiive the row from the fpreading of the in a fire ^ but if I be affiled in my houfe ftrefTcd. fo ic putteth him to fue'out'his pardon ofcourfe. This I take to bee the chiefc' reafon why fe^pfum defendendo is not matter of juftification 5 becaufe the law intends it hath a com- mencement upon an unlawfullcaufe. it is juftifi ible. City or and to fave my life I fet fire Towne .-ButiHthaJ binbu:a yate trefpafTi'^as the going over anothcrs ground.per own life by doing any thing which isapri- theComonvvealth.7. arid the la\^ thatthinkethitathing hardly triable in whofe dethe quarrell began .2. as where a man affailcs me to rob me.Ed. becaufe quarrels are not prefumed to grow without fom: wrongs dchcr in words or deeds on either part. and dion mine own houfe. and punifheth him by forfeiture of goods: for where there cannot bee any malice or wrong prefumed. or if a Woman kill him that aflailethhcr to ravifh hetjitisjuftifi- able without any pardon. fuppofeth the party that^ kilsanotherinhisowne defence not to bee without iiralice 5 and therefore as it doth not touch hini in the fault higheft 'degree .7.H. becaufe Icannoc refcuc mine gainft 6. This rule-admitteth an exception when the law doth intend fomc fault or wrong inrhe party that hath brought himfclfe into the neceillty : fo that is necejsit^ culpabtlif. So . life. or the breaking of his inclofiire when I am purfucd for the fafeguard of my 4. and I kill him thlt aflfaileth mee . which fpr^adeth and taketh hold upon other houfes adjoiningjthis isnot juftifiablCjbuc lam fub}:6t to their adion upon the cafe .

h. imd am put to mine adion of deceit : She- Sunamoners butif the Sheriife upon a Caf* retume a Cfpi c$ffm^ qu^dffiiangmdminfrifonay & G j.Ed.6.5.?. c«wcher than to fuffer an inconvenience but if ^ be queftlon ofperfonall paine. THe lawdothmany deprive goods in cafes that conceme lands oj: a man ofhis prefcnt reme- dy >aflil turneth him over to a further circuit of remedy.thelaw will not compcll him to fuftaifie itandexpedrenledy .U9) So the common cafe proveth this exception. hee (ball not lofe his life for it jbecaufe his infirmity came by the A(fl of God but if a drunken man commit a felony . iummoned.H. ^7 As if the Sheritfemakea falfereturne that I am r. becaufe it holdcth no damage a fu0icient recompence for a : wrong which is corporall.4. no more doth necejutas culpMis.r. hee ihall not bee excufed becaufe his imperfedion came by his owne detault 5 for the reafon and lofTe ofdeprivation of will and ciedion by neceflity and by in: ai. - ' — ^-i' C^rpffalu iffjttr$a nmrfctfu itffmoMnem defutun* Reff.xj.whereby Ilofe my land 5 yet becaufepf .. if the SherifFcs retume ihould not bee agajnft the I am excluded of my averment againftit. . that is J if a mad man commit a felony. . for the lack of (arhitriumfolutum) the matter: and therefore as //?//nw//^ culpahilif fxcufeth not. « .8«. xhciticonvenienceofdrawing all things to incertairi- ty and delay oredited •f ifpeand . . there . icaaity is is all one.

which they fay.^ Soifatrcfpairerdriveawaymybeaftsovcranothers ground. are not mthc fame degree with that which is corporall 5 and this was the reafon of the ancient lex taliO" oiulusfroocuhidens pro demey fothat by thaC law corf or alii tnjuria eifpr£terito non recepit aflima' mnem / But our law when the inj. Amen^ej^cerpiA '*^*'-^^'^.(so) there I may come in and Sheriffe to favc So ifa man falfific the rcturnc of the imprifonment. becaiife the law holdeth it an incon- 7.H.4. or threaten me with a battery . which is an evidence of my enfranchifcment 5 if upon fuch menace or ^ureiTe I make a deed^I ihall avenience to avoid a fpeciality : void it I^H. and that hec my will burnecertaine evidences of my land which hce hath in hishand.8. I cannot avoid it by plea . or with the burning of ray houfc.i I. or with burning an inftrument of manumiffion. by plca-i :' '''''- c -> vr: r -^ v . yet am I a trefpaflfer to the ftrangcr upon whofe ground I canit .'.7. menace me in my goods. as lands and goods. by fuch matter ofaverment.z8. '.fi ihc: This ground lomc of the Ganonifts doe aptly in* ferreoutof Chrifts facrcd mouth. and therefore I am put to minea(5tionagainft fuch a menacer but ifhe reftraine my perfon. which is a fafety and protedionto my perfon.i. I purfue them to refcue them . and! flye pver anothcrs ground.if I will notmakeunco him a bond.'fipravfjlimenPum^whcveth€y fay veflimemumcom-' prehcndeth all outward things appertaining to a mans condition. yet if I enter into bond by this terrour .J m.hbwam I no ff efpafe.Ed. bufifaman aflfaile my perfon.wry is already cxeniSy cutcd .I^ a.

tha© the malice ofhim that was the wrong doer: and therefore^Af^ 7 r ^^. but in an ai^ion cafe I (hall render upon the damages alike.4. ut in dJimagiif* '- t^cufdi aut extenukideliBum in capita libus.i^. So if amah be killed by niiradventure5as by an arrow at Buts.infli(5lcd5thinketh it beft &ti$fa<flion to the cuted party grieved co relieve him in damage .Ed. whereby I dfWinifie him in his name and credit j it is notmatcrial whether I ufe them upon fuddencholer'and pro- ^ vocation. R*g'7» TN Capital! caufesin/4iwf»ii'/f«e the law will not '•puniih in fo high a degree/xcept the malice of the will and intention appeare. So if a Surgeon authorized to pradice. this hath a pardon of courfe: but if a man be hurt Or maimed onely. the law doth rathqr confide r the damage ofthe party wronged. do through Stamf. an adion of trefpaffe liah. the Qz Sur- . but in Civill trefpafTes and injuries that are of an inferiour nature.7. and upon prefent heat: if } giv(5*man (landerous words . and he fhall be punifhcd in the law as deeply as ^. if he had done it ofmalice. or offer malice . i^ negligence in his cure caufc the party to dye . The Jaw mak^s a diUference between killing a man liponitnalice fore-thought . will. quddnon operatur idem in civtUbm . and to give him rather profit than revengejbut it wil never force a man to tolerate a corporall hurt5& to depend upon & that inferiour kind of fatisfadion.though it be done againfi the parties mind and stamf.

but confidereth the ftandeth at the time when it it committed J foas if any circqmftancc or matter be fubfeqnent . ^y... which laid together with the beginimg fhoiid feeme to draw it toa higher nature . . y^^ your action of trefpafle ftands good againft Ihe Mi^ . So if Baron and Feme be . whereby the . P TH$ law conftrueth fads by intendments nail neither penall lawes5nor pc* offence in degree is .and if the principadldyc.^^.if one command his ot . faileth : but iA'^trefpafre. the Feme is neither principall noracceifary. or doe him like cotpunifhed in trefpaflfe* * 'i> -'^ P°^^^^ ^^^ h^ ^^^^ - ^ ' ^ Soinfelotileithelawiidm?tteththediJFerei!c^(bif principall and acccfTary .-^>.and they commit felony together.i^. he (hall not be impeached thereof 5 but if they put out a tban^ eye.(32) Surgeon (hall not be brought ifl queftbn of his life^ and yet if he doe onely huf t the wound. he is fubje^ to an adlion upon the cafe for his misfeifance.„ ^'^ ^L. and the fervartc after thebaft^ry djye.4. a$ . DC pardofied .y.in regard of her obedience to the will of her husband but if Baron and Feme join in committing a trcfpaflfe upon land orotherwiie. the proceeding againft the acceffary man to heit ydii .r is caft backe^and death enfues not. theadionmay cure : 3< H^ X X ' ^ be brought agdini! theifi bdthi So if art infatit Withirt y eei-es dfdi?ftririon>or a mad Ihan kill another.^ .H. yet the .

and the inhaunfing of mony com- meth before I pay him . yet hee fhall have but a fimple adlion of the cafe .s. Ed.z: .and the percufTor Jailor. So if John Stile fteale fixpence from mee in mony . is and after no felonious cfof the So if the Villein ftrike the heire apparent Lorded the Lord dicth beforejand the perfon hurt who fucccedeth to be Lord to the Villcine dieth after. So if a man deliver goods to one to keep.and after retaine the fame perfon into his fervice .H.5. I fhall fatisfie my contrad: with a (ixpenny piece fo raifed. and the King by his Proclamation doth raife monies .this imagination precedent is not high treafon. * ^•w.pi. this is no felony is. So if a raanufe flanderous words of a perfon upon whom fomc dignity after defcends that niaketh him a Peerc of the Realme. yet this fliall remainc pety larceny and no felony and yet in - : jdlcivill as if I reckonings the alteration fhall take place: contra(fl with a Labourer to doe fome"^/orke for twelve pence. yet this cape in the Jailor. yet this is no pety treafon. So if a man compare and imagineth the death of 6nc that after comracth to bee King of the land . that the weight of filver in the piece now of fixpence Ihould goe for twelve pence . who afterwards goeth away with his goods.Us) the law doth not extend or atnpHnc the offence.4-i^ b voluntarily let goe at large by the death enfueth of the hurt. Therefore if a man be wounded. and not in the nature of a fiaidalum MagnAtum upon the flatutc. not being any perfon mentioned within the (larute of 2 5.

bccaufe he was no fervant at that time. it man of his remedy will rather put him in a better degree and condition without his than in a worfe 5 for if it difable him to purfue his adion.H. my executor. Sequ/a p. Sl^odremedio deflmitur ipfa re vaktjiculfa.in either cafe he is acceifary to the rauithQv^quia in crimmalibm frafiantur academia . now the .and the the remainder for for life life leflfee die .(34) by the Statute of 2 i. or beat him grievoufly.to his fervant for the cuftody of the fame goods .S. unto the diireifce.8. and raurthcren-' fue. and after dye. ufr/?^ if I deliver goods to the fervanc of LS. if they be purliiancesof the fame fa^ As if a man command or counfelloneto rob a man. for any accelTary before the fad is fubjed to all the contingencies pregnant of the fad. fometimes it will give him a more beneficiall remedy. And therefore iftheheire of thedifTeifor which is in by difcent make a leafe for life . fometimcs it will give him the thing it felfe by operation of law without any ad of his owne .Eii2. ahfiti\ THe vcth a benignity of the law is iuch.i7^ But note that it is faid prateriti del/Bi .as when to pre* ferve the principles and grounds of law it depri- owne fault. / . to keep. and make I-S. his fervant goeth away with themjthis is alfo out of the In like manner t8. : : i . . or to make his claimc. and before any new commandement of I.

t hen the law denycth him any fuch benefit. although the ftrangcrdie before any agreement or taking ofthe profits by the difTeifee .pi. and make him livery . feifed in the right of his wife. which operation of law is by an ancient terme and word of law called a remitter 5 butif there may bee afsigncd any default or la- ches in himjCithcr in accepting the freehold.or in accepting the intere ft that dravves the freehold . the remainder in fee to the difTeifee. the feme is f^f^ de^emcn not remitted 5 and the leafon is. becaufe though a moity bee caft upon him by furvivor 5 yet that is but Ju6 accrefcendiy and it i? no casing ofthe freehold upon him by a c^ in law. yet hee is not remitted.» (35) upon the difTeifee by a(ft laWj^ therby he is difabled to bring hlsPrdcipe to recover his righr. becaufe fhee was UhyScml''^ once. ^odmt a So ifthe hejre of the diffeifor infeoife the and a ftranger . the difleifee is not remitted^ and yet the remainder is in him without his owne knowledge or afTentj but becaufe the freehold lawjit is is not caft upon him by a(5l in difleifee Lit. leafe for yceres. and difcontinuc and dieth. ^ no remitter.^°p^"7' . And therefore if the heirc ofthe difTeifor make a Litpi esz.aad therfore no remitter. but he is ftiil as an immediate purchafer. es ?. and the Feme takes another husbandjwho takes a feoffementfirom So if the husband bee the difcontinuee to him and his wife.whereupon the law jiidgcth him in Is caft thefrancktcflcment in his ancient right as ftrongly as if it had bin recovered and executed by a(5lion .

hisinrermedling with the wrongful! remainder . for life.H. _^ in her for not purfubut ifthefecfT^ment taken back had ing her right been to the fir (I husband and her fclfe ^Qie had been once fole . whereby bee hath affirmed the (ame to bee in him . the diflTeifec had beene remitted .pi.and lelTee for life dye. and the difcontinuce make a feoffcment to the ufeofthe husband and wife. and the leffee for life dies . • oaply ofa collaterali charge. Yet if the husb^nd difcontinue the lands of the wife.that wifheth that the ceflui que u[e fhall have the poflcfsion in quality and degree as hee had rheufej but that holdeth place onely upon the firft vefting ofthe ule 5 for when the ufe is abfolutely executed and vefted. s. the diffeifce is not remitted . the remainder to the diflcifee.g. upon the letter of theftatuteof 27.M. and fo accepted it : but if the heire of the diffeifor had granted a rent charge to the diffeifee . fhee is not remitted j but that is upon a fpeciall reafon . now the Feme is remit- ted. then it doth 54. and afterwards madealeafe for life.^^^. So . and the reafon is.but .who chargetfi the remainder . and fo a laches : remitted.Dyet 49* g Infuemeerly the nature ofpoflfcfsions.8. asif tbedifcontinueehad made a feoiferaent infeetotheufeof LS. caufa quafupram Alfoiftne heireofthe diffeifor makealealefor life. the remainder to the ufe of Baron and Rme.(30 Lit. bccaufe there appcareth no afTent or acceptance ofany cftatciathe ftechold.condic.H.ofufes. the remainder to the diffeifee and the leflee for life had died .8.

and Icffee forlife dies . So if the feme bee diSkikd and the diflfeifbr . now is hee remitted and feifed againe by force of the taile . who makes a le^e for readring ^ * by the fame feme. and dietdi leaving a fonne '^' ^' 23. yet the fame iffue is not remitted 5 and yet iftheifluehad accepted a feoflfemcnt within age. Lit. becaufe the difcontinuance was but H .H.i07 grecd to bee in the tortious revcrfionby acceptance of the rent. and it de: : fends to a fecond heire upon whom the francketenementis caft by defcent. and then the tenant intaile had died. but becaufe hee had arent. So iftenant intaile difcontinu e . and yet hee com- meth in by his owne 26t : but this cafe differeth 6:0m all other caies.8pl.. Intermarry with life . and at age the lelfee for life fiirrendrefeh to the iftuc intaile.this is a remitter.is. therefore no remitter. and the lefTee for life dies thefbnisnotreraittedjyetthcfrancktenement was aft upon him by ad in law . Cdufa quafupra* afiirrender Alfb if tenant intaile difcontinue for life.if he be once in ofthe freehold without any laches as if the heire of the difTeiforenfeoffes the hcire of the difleifee who dies . and then the feme dies . and take of the Icafce. notwithftanding his taking of the profits he had been remitted for that which guides theremittcr. and then the difTeifee dies. who enters and takes the profits. and the fonne accepts the rent of the lelfee for life. and tenant intaile dks.pL^tf. and the difcontinuee make a intaile being leafc for life^the remainder to the iffuc full within age.and had continued the taking of the ptofiti when he came of full age.

aad the new gained reverfion is but by intendment and necefsity ofla w j& therfore is but as kvrcveal? initio y with a limitation to determine whenfoever the particular difcontinuance endeth. then ought he by his claimc to determine what goods hee doth eled to have in value^or elfe before fuch cle(5^ionifhiscom-.pl. to other cafes . above the- value of that he fhall disburfe.8.H. and they cannot have any fuitagainft themfelves 5 and therefore the law gives them leave to retainfo much goods by way of allowance and if there bcc twoexecutors.andoneofthempaythe mony. hee may .which is a great 6.to themfelves in property. but in fpirituall Court for to fay he fhould bee tei a^c iacommon with himfeife and his companion . To proceed from cafes ofrcmittcr.& the ftate cometh back to the ancient right. hee hath no remedy.becaufc it may be matter of necefsity for the well adminiftring .like wife retain againft his companion ifhe have : notice thereof^ 3 jEiii J 87. overplus of goods .(58) but particular at firft . gm if jj^gf g jjgg 3J. of the goods of the that they disburft teftatorjand executing their truft' : mony of their owne for elfe per- haps the goods would be forfeited ^ and he that had them in pledge would not accept other goods but< inony5& fo it is a liberty which the law gives them. and upon a pica of fully adminiftred it (hall be allowed the rcafon is. panion doe fell all the goods .^Dy branch of this rule. If executors doe redcemc goods pledged by their teftator with their own mony^the law doth convert fo much goods as doth amount to the value of that they laid forth.

becaufe I had difabledmy felfe to make my claime .cond. and yet a condition collateral! is not fufpended by taking back an e. the debt Ihall bee confide. the land. by the I.-But had purchafed the land my felfe .(3P) pro rata of that he doth lay out .H. then I had extinded mine owne condition . and him my executor.Cond.oncly. Rec. ifthe feoffee break the condition. I may claime to hold in by my fee-fimple j but the cafe of the charge is otherwife. red in the afTets.i8'f. and graunt that upon condition. now though the condition be broken. for if I have a H 2 rent . and the other iqI.H^ij debtee his executor.the rent ceafeth without claime . now if the conditi- on bee brdken.»o.gpi.now gedwithaflets loi.in Vaiu/ Mi- becaufethe not refafingMl bee accounted no laches unto him. fhallbe allowed and confidered to him 5 and the reafon is.D.pcr ftate 5 as if I make a feoffement in fee. ayeere.S . a rent of 10*.ip. notwithftanding it bee a thing in ""^J'P adion. the that courle for intricatenefte.in ^"*^^jp yeere^and grant unto I.D.po^* onthat I .fhall be char. Like law it is.7. law doth rcje<5t So if I have a after make leafc for yeeres worth 20^.and take a leafe gar^f^*.isf. So if I have a rent charge . fliall marry my daughter. where the debtor makes thej. upon conditi."'^ for life from my feoffee. and if I it defcend to mcc . ^-Ed. becaufe an executorfhip is fium offi- cium^znd matter of confcienceand truft5and not like a purchafe to a mans owne ufe. ^^^' the grantees eftate is not defeated till I have made my claim* buc ifafter fuch grant my father purchafe Lit.pl.H./.^.

and I. therefore I may paflc myreveriion widiout mtuwmcm. whereby the leafe commeth to the King .therefore it fhall -palfe by grant by deed without atturament So if my tenant for life bee . S^adnota. I fhall have the thing my fclfe in intereft.with a condition of re-entry. bee attainted. is asfijlly deI.when it falleth. and another hath the prefentation.rendring a rcnt. but one ly fufpended the priviledge of the poffefsion for if the King grant the it condition is revived as was.Ed. the right.6. the ^.40.. adion of covenant liethnot againft the King. Soiif I have a nomination to a Church. Alfo if my tenantfor life graunt hiseftate to the King.S. and the pofsibility of the 50.pl. andl graunt my reverfion per outer vie^ and the grauncee dye .S.H. now the demand upon this land is gone. So if the King grant to meethc wardfliip of G Cannes ^i« the fonne and heire of I. and yet I fhall not have it reduced without demand 5 and the reafon of diifcrcncc iSjbecaufe my condition in this cafe is by : not taken away in leafe over . Atturnmcnts King is not compellable to atturnc. living cei que vie^ now the privity bet weene tenant for life andmee is not reftored .H. rent by reafonofthe condition. S . and I have no tenant in ffje to atturne. and grant the rent over upon condition^and purchafebut one acre. rent charge ifTuing out (40) of 20. which (hould give me benefit of re-entry . now if I will graunt my reverdonover . the whole condition is extin^a .S. and the presentation comes .bccaufe an 7.Fitt. But if I let land to I.' ftroyed as if there had been no rent in £jje. acres.6.i.

joinein Videcomra z. now be. impropriating the Church. (40 comes ID the King5now becaufe the King cannot be attendant. and take a ^. or medietas advocationis upon a tenancy in advowfon 5 for common common bee 5 and an ufurpation bee had againft them . and impropriate the advowfon. Rcp^j. and the ufurper doe impropriate. foritrfiallnotbe difimpropriated to the benefit of the heire contrary to the graunt of tcnant in fee-fimple pro|na!c"a" touts jours ^^ But ifa man graunt the third prefentmcnt to I. and one of the tenants in common doe relcafe. and his heires.S. . nor yet the w5t of impropriation ihall not bee defeated. So ifa man bee feifed in an advowfon . and therefore the cafe was his 'laches . that hee fhould prefent all the turnes.foX. now the grauntee is without remedy . hee fhail have the whole cover. and therefore not like of the dower 5 and this graunt of the third is avoidance t)fthe not like tertia pars advocationis if two tenants in .E^^o-S-qn^' caufethe Feme cannot have the turne becaufe of the del feme ha^-''' perpetnall incumbency. fliee fliall have all the turns vowfon eft de- during hcrlife.p j ^ ^ ^ wife. and the other bring his writ of right demedietate advocationis :md re- now I take the law to bee that becaufe tenants in common ought to joine in prefenrment. and dieth . which cannot now bee. patronage : for neither can there bee an apporti- onment . for he tooke his ?n sn ^V^-' graunt it fubje(5^ to that mifchiefc at firft .. my nomination is turned to an abfolutc patronage. and after title of: dower given her. apd his Incumbent but to have a moity of the profits.

. feated. and a 5 dcfcent be cafl. but hee is at a mifchiefe ^y ^^^ ^^"^ laches and like law is of the Kings Pa: of entry. and though he bring his a(5iion alone.my tenant difdaime where I may have a writ ofright as upon difclaimer.-^. ^^i^E^^'il er " "Po^ he might ground his a(5lion . and the firfl diflTeifcc releafe to thefecond difTeifor upon condition. which is Littletons tentee 5 for I fee cafe.inCom. ^^^ ^^^^^ °^^^^ ^^^^^^"^ ^"^^^^ and makes a feoffment in fee. except I may alfo have a writ of right.d. M. But as if two tenants in common i>cc ofa of Ward. cannot bee divided . fo fhall it be in the o- though it bee an inheritance .R. As if a difTeifor be diffeifed .r.(40 4?. and the condition broken now the meane right is revived Ihall enter notwithftanding thisdifcent. y-^• • But note . that the law by operation and matter in h^ will never countervaile and fupply atitle grounded upon a matter of record . and the land defcend unto mee.H.8. and »Srtm Trous cafe. becaufe his right was difTeifor whofe taken away Lecontnry But if Idevife land by thea<^ ofa ftrangcr.*^^'^ no reafonable difference bctweenc them and him in the remainder . ^^^ ^^^"^^ f hat he never had feifon whereupon Finchdcfi. I fhall never bee remitted.3 2.Z. and they joine in one releafe. Ehz.and Ward. So if upon my avowry for fervices. and therefore if I bee entituled unto a writ of error. and thetc fhall not bcaperpctuall liberty ^'* jaJTb°'^ vide 7. by the flatute of 32.p3.this difcent binds. the a writ of right becaufc it ther ca fc 5 other fhall recover the entire Ward. no more fhall I be unto an attaint. and the feoffee dieth feifcd.

claimer.S.ifthe land after defccnd to me. hee fhall not have Apple trees.Ed. much leiTe inmy gardens and orchards. anannuityofx.ofhis counfell in Law confilto ^ So if I do let a tenement to I.j. D.be a Phy fitianj mpenfo mall be underftoodof hiscounfell in phyfickjand if he be a Lawyer. whether they bee in deeds or ftatutes.ayeerepr^^i.S .bothopen grounds and feverall^it fliallnot bee ftretched to my common in feverall. if there bee any other trees upon my ground. for they (hall be extended as well to a forrein intent as to a common inJ yet with this exception .pi.j. Ihall bee reft rained unto the fitnefle of the T T is a rule that the Kings tent : matter or per fon. provided that he fhall not ere(^ . it impendendo^ii I . or otherwife if they bee gcnerall and not expre fle and precife .^.S.l.neer by my dwellii^ houfe in a Borough . So if I graunt to a man omnes arbores meas crefcentesftipra terras meas /» D. As if I grant Common in omnihu^ terrumeis in Peik. FerbagenerAlU reftringumur ad habiluatem rei velp€rfon<£' J?e^. grants fhall not be taken -•orconftrucd toafpeciall intent 5 it is not To with the grants ofa common pcrfon.and I have in D.. I fhali never be remitted. growing in my gardens or orchards.ios. that they fliali never be taken to an impertinent or a repugnant intent for all words. or other fruit trees mH 8.io./^. SoiflgraunttoI.

btitnot of . of the ftatute. (hallbe prcferved to nerthatfhall make his theufeoftheowclaimebythc fpace of one ycere. Hdres eft nomen Juris ^ Fdhfieft nomen Natura: therefore corruption of blood taketh away the privity of the onc> that is." which cannot be amended to cxplaine this rule. J^^^ f^ngujnii nulla jure dvili dirtmipjfum* nPHcy -** bee the very words of the Civill law. to fay a Maffc in his Church of D. 1 6 Eiiz ^' ^^ ^^'^ ftatute of Chantries uCcy fhall that willeth alllands Dyer. lie^ui/t 1 1. So in theftatute of wrecks that willeth that goods wrackt where any live domcfticall creature remains inavcffell.S. but never to an unreafonable intent. nay further . for in thcfe and the like cafes generall words may be taken. given or imployed to a fuperftitious not be conftrued of thcglcbe lands ofparfonages .as was faidjto z rare and fbrrein intent. hee {hall not by vcrtueof thcfe generall words cre6l a Joiners iliop. to be forfeited. becaufe it fhali be intended had but as an augmentation of his glebe . if the lands bee given to the Parfonof this is out D.(44) eredorufc any fliop in tlK fame without my li- cence 5 and afterwards I licence him to crcft a fhop. which is impofsible to keep without perifhing or deftroying it . and I. doth not extend to frefhviduals or the like. but otherwifc it been if it had been to fay a Maflc in any other Church but his ownc.isth^n a Miller . of the heire.

S. for I admit the law to be. for that the privitie ofa fonne rcmaineth . becaufe the lawgiveth the father that prerogative in refpeft hee is his fonne F. So if land deicend to the eldeft fonne of a perfon attainted from his anceftour. which I addc. that is. this is petty treafon.145and heire for of a daughter or a fpeciall heire in taile he (hall not have it : but if the fonne be attainted. and be returned of a Jury betweenehis fonne and I. that if the fonne kill his father br mother. and oufte the father. andthefacher covenant in con (idcration ofnarurall love to ftand (eifed of land to his life. which by the law of God is the very inftance it (elfe^ and all other government and obedience is taken but by equity. this is good enough to raife an ufe.Bi. of the mother in our lawes of the ancient foot-fteps held 4n Knights fcrvice. for the youngeft fonnes whoare equall in bloud fhall not iiEd si?* have it ^ but if an attainted perfon be killed by his fonne. becaufe (bme have thought to weaken the law in that point. of the fbnne ^ therefore ifa man be attainted and murthered by a ftranger. the challenge remaineth 5 for hee may maintaine any fuit of his fonne.fo. So if a man be attainted and have a Charter of pardon. becau/e the privity of a naturall aflfeftion remaineth. -^ I So . it is pettie treafon.the guardian (hall enter. be^^^^^^'^ caufe theappealeis given to the heire.N. the eldeft lonne (hall not have the appcale. notwithftanding the bJoud be corrupted.(49) of the other. and that there remaineth (b • much of Fotefias patris and naturall obedience.

So iravilleiae be attainted. and pardoned. niftration ought to be committed to his other *7' b. and purchaie his Charter of parto don to his children. yet the Lord (hall have thei(!ue8ofhis villein borne before or after the fittainder for the Lord hath them lure -y mtura but as the increa(e of a flock. for that fivoureth fo little ofthe privity of heire. the Ordinary ought commit the adminiftration of his goods that was attainted. which cannot be confidered when it is once wholly corrupted before. For though the hw giveth it not in point of ioheritance. uncle by the mother be attainted. RN^br. and pardoned. the uncle ftall be guardian in (bccage .si^. and land defcend from the father to the (bnne within age held infocagc. bee (hall not enter for a forfeicure. y€t the recompcnce is underftood for the ftaine of his bloud.(50) So by the ftacutcof 21. and her coufin is atcain- 5 t<i 4 f • tedjand pardoned^and purchaleth the reverfion. father. whether if.SS. ifthere bee no neerer by the 3j. U. but onelyas aperquifite toanyofthebloud fo hee be oext in eftate. as the poffibility to inherit (hutteth nor.he eldeft fonne be attainted. But ifa Feme tcaantin taileaflenrro theraviand have noifliie.6. So ifthe ftier. other of the halfe bioud_. the Lord (hall have aid of his tenants to make him a Knightjand itfeemeth hee ^are . though borne before the pardon^for it is no queftion of inheritance : for if one brother of the halfe bloud dye. the admis-Ed^Adm.

5

be (hall

;

for the words

(51) ofthe writ hath

htsredem^ and the pfimQ^enitum^ and not filium like writ hiith pur fIs marrier who is no heirc.

^

fillum
Rcgifter. f©i.
87.

l^eceditUY aplacitts juris ^ fotitu
W<f

quam

in]u- Keguh k.

O" ddiBa maneant impunita,
pofitive

grounds THe law hath many not of theand and maxiraes learnings,which
are

conckifions of realon, but yet ^re learnings re-

ceived with thelaw/ec downe^and will not have called inqueftion : thefe may be rather called placita juris than re^iU juris 5 with fuch maxime§ the law will difpenfc, rather than crimes
pmli fupremA lex,

and wrongs {hould be unpuniflicd, quiafalmpeand faluspoptrli is contained in offences by punifhment. the repreffing Therefore ifanadvcufonbegrantedto two, and the hcires of one of them, and an ufurpation be had, they both fhail joyne in a writ of right of advoufon 5 and yet it is a ground in law, chat a

writ of right lyeth ofnolelTe eftate than afeefimple ; but becaufe the tenant for life hath no other feverall adion in the law given him, and alfothat the joynture is notbroken^and (b the tenant in fee-fimple cannot bring his writ of right
alone, therefore rather than he
this
Iliall

be depri-

wrongunpunived wholly of remedy, and (hed, he (hall joyne his companion with him^
notwithftanding the feeblenefle of his eftate. But if lands be given to two, and to the heires 4^£^ 3"«
I 2

of

(50
of one of them, and they leefein a Precipe by default , now they (hall not joy ne in a writ of right,
becaufe the tenant for life hath a feverall ai^tion, viz, a ^odei deforciat^m whichrefped the joynture
is

So
they

if

broken. tenant for

leafe for yeares,
(liali

life and his lefTor joyneina^ and the lefTee commit waftc,

joyne in punifhing

this

wafte^and

locus

vaJiatM^gMgOQ to the tenant forlifcj and the damages to him in reverfion, andyetanadion of waftc lycth not f^r tenant for life, but becaufe he in the reverfion cannot have it alonejbecaufe of the meane eftate for lifejtherefore rather than
the wafte
45.Ed.5.3.
ai.H.tf.i4.

be unpunifhed, they (hall joyne. So if two coperccners be, and they leafe the land ^and one of them dye^and hath iffue^and the leflee commit walle, the aunt and the i&ue (haH joyne in punifhing this wafte, and the iiTue fhall recover the moity of the place wafted, and the aunt the other moity and the entire damages 5 and yet aBio inpriarum memur c»mperfona^ but in favorabilihm magis attend!fur quod predejty
(hall

*o.Ea.a,

qudw quodnoctt, So ifa man recovers by erroneous judgement, and hath iffae two daughters, and one of them^
is

attainted, the writ of error (hall be

brought

P.difccnt. 16-

againft the parceners,, notwithftanding the privity faile in the one.

3^.Eiiz,

a pofitivc ground, that the acceflary in felony cannot be proceeded againft, untill the principall be tryed yet if a man upon fubcilty and malice fct a mad man by fomc device to

Aifo

it is

•,

'

(53)
to kill him, and he doth (b, now forafmuch the mad man isexcnfcd, becaufe he can have no willj nor malice, the law accountcth the incitor
as principajlj

«

though he beabfent, rather than

th^ crime fliallgoeunpuniflied. So it is a ground ot the law, that the appcale of murtlier goeth not to the heire where the party murthercd hath a wife, nor to the younger

brother where thf re is an elder 5 yetifthewifcpjt^.corone oaurther her husband, becaufe ftiec is the party 4^9. offendor,the appeale leaps over to the heire- and 5*^3*^ (*tff* foif the Ibnne and heire murther his iather, it foUo," goeth to the fccoud brother. But if the rule bee one of thehigher fort of

maximcs.that are re^uU rationales ^^nd not pQJittv£y then the law will rather endure a particular offence to efcape without punifbmentj than vio^
late fuch a rule.

As it is a

rule that penall ftarutes

fliall

not bee

taken by equity, andtheftatuteof

i.

Ed,

en-

acts that thofe that are attainted for ftcaling

of

horfes (hall not have their Clergy, the Judges

conceived, that this did not extend to him that (hould fteale but one horfe,and therefore procured a new adt for it in 2 . Ed, 6. cap, 3 and they
3
.

had reafbn

for

it,

as I take the

law^ for

it is

not
PlGvf.4«7.

like the cafe

upon the ftatute

o^Glofi, that gives

the adion of wafte againft him that holds pro termmo vitavel anmrum. It is true, that if a man Lir.eap. holds but for a yeare, he is within the ftatutejfor ^^^^>-^'^
it is

robe noted, that penall ftatutes are taken ftridly and literally onely in the point of defi1 3,

niHg

(54)
and fctting downe the fad and the pimiflitinent3& in thofe claufes that doe concernethem, and not generally in words that arebutcircum(Vances and conveyance in the putting of the <:a{e, and ib fee the diverfity 5 for if the law be,
Ti'ng

that for fuch an offence a

man (hall

leefe his righ c

hand, and the offender hath had his right hand before cut oif in the v/arre* , he (hall net lo(e his left hand, but the crime (hall rather pafle without the puDifbment which the law afligned, than the letter of the law fhould be extended ^ but if theftatuteofi. Ed,^, hadbeene, that hee that fhould ftcale one hor(e fliouldbe oufted of his Clergie, then there had beene noqueftion at all, but if a man had ftolne more horfts than one, but that he had beene within the ftatute, quia omne ma]Ui continet wfe minus.

Flcgulgi3.

I^0f> gccipi

debent verba in demonflrationem

falfam qu£ C9mpet»nt in limit atienem veram.

doth not hurt where you give the thing a proper name, yet ncvertheleflc if it ftand doubtfull upon the words, whether they import afalf© reference and demonftration, or whether they be words of rcftraint that limit the generality of the former name, the law will never intend error or falfehood.
ii.iiia.^. 191.

T

Hough falfity of addition or demonftration

j7i^^'^

Therefore ifthe Parifti of Hurft do extend into ^y" the Counties of Wiltfti- and BarkOi. and I grant

For if I had.fliaii be taken to falfe. "Butiflhave -fome land wherein^llthefede-monftrations are true. in the CoHncyof Wiltfh. N. if the Clofe called pEd^r. ficuate and lying in the PariQi of Hurft in the countie of Wiklh. and Ibme wherein part of •them are true and part falfe. and not to the part into Barkfh. N. Callis had extended part into Wiltfli. fh Jndentara dimi^enis fM*'L D. wherein (bme of the(e references aie true and the reft fiiKe. and I had no lands in Wiltfti. IViltfh. nothing had pad:. afid purchased off. granted mess in Parochia de Hurji in Com.N . and ^^•^'^'^^• and fo to be true Glofe. B. D. or if I hive land which I purch ifed of I. hut not fpecififid in the Indenture to I. thenoncly that part had pafled which lay in Wiltfli.and the troth isjthac the whole Clofe lieth in the County is.and fpecified inthe Indenture /of demife to I. B and notin theesnure of i D. yet the law that it pafleth well enough. becaufe there is acertaincy fufficicntin that I have given it a proper name which the falfe reference doch not deftroy. and not upon the reaibn that thtfe words. and no land wherein ^hey are ali true. ffkciflcat/ If I ha^c ^and li I So ^ ^?' Reg. nothingpaflfeth : as if I have landiorhe tenure of I. and Co to be omnes terras goecothe Parifh onely. then flialJ they he Intended words oftfue litnifation to pafTe only thole .C55) my Clofe called Callis. of Barkfh. ^^ ' grant ^mnes fingulas ttrras meji in tenura /. infbme fort. D. quas perquefivi de I. But in the principall cafe. but in Barkfh.

allow a man to grantor incumber that which is no iatercft at all but meerely future. anto you. & afterwards doprocure if I grant And therefore fuch . that grants are Hever countermandable not in refped of the nature of the conveyance or inftrument. (b that there be fome new ad or conveyance to give life and vigour to the declaration precedent. THe law doth not allow of be foundation of an there a grants except intereft in the grantor^for the law that will not accept of grants of titlcSjOr of things in adion which are imper•fcd iHterefts.. that ifyoa enter into an obligation to me of 100. '. and you enter into (uch an obligation unto me.(50 thofe lands wherein true. Licet ii^ejitio de interefefuturofit inutilis^ tamen poteft fieri declaratio pftscedens qu£firti' atur effeBumintervsniente nsvo aBu. all thofe circumftances are Regula 14. Now the bcft rule of diftinftion betweene grants and declarations. whereas declarations evermore are counterleffe will it much mandable in their natures. " u^!f !. that then the fame obligation (hall be void. though (bmetime in refped of the intereft granted they are. But of declarations precedent befor any inteleft veftedj the law doth alloWjbut with this di6 ference. is. and artcr doe procure me fuch a leafe.

and no rent fave onely out of white acre.(57) fochaleafe.3. I. heewillatturne to the grant. within certaine dayes. So if a man make a feoflfement to I. by his bepurchafethe particular cftatc. notwithftanding he doth afterwards purchafe the particular eftate. quent. I. and S.j8. So \i I grant unto you a rent charge out ofiT-Edj white aac. and yet he had no other thing than aright at the time of the delivery of the Chartetjbut becaufe a dsed of feofFcment is but matter of declaration and evidence.&: and there is a new aft which is ihe livery (Iibfe.feifed. D. ' dingly. l^. S.^. deed doe grant to that if '^^^^^• But of declarations the law is contrary 5 as if '^jlg^ir. and deliver the deed of feoffement. i9Ed. S. and which I fhall hereafter purchafe. thcdifleifecmakca Charter of feoffement to I. this feifine is made accorgood feofFement. N. therefore it is good in law. although this be but a liberty ofdiftrelTe.^iiz. yet as to the lands afterwards to be purchafcd the claufe is voyd. and there are deeds made both of the firft fe.5^^^'^ofFcment and the (econd . upon condition to cnfeoffe I. S. . yet the obligation is fimplc. bec&ufe the dcfei lance was made of that which was not. this is a voyd atturnment.s^Eli^. So ifareverfioa be granted a ftranger to I. m. and letters of atturney accordingly^ and both thofe deeds of and afterwards livery and is a K fcotFemenr. and that it (hall belawfiill for you to diftraine in ail my other lands whereof I am now .^ and aletterof atturney to enter and make livery and {eifme.

^^ ^^I devife the mannour of D.piowa. that before fuch a day I will purchafe the mannour of D. the fine. this indenture to lewd vfes being but matter of dtclaration and countermandable. But if there were no new a(^. then otherwise it 15 asif I covenant with my fonne. But . and before the fame day I will levy a fine of the fame land. yet the ufe is void ^ and the reaibn is. to ftand feifed unto his u(e of the lands which I (hail afterwards purchafe. becaufe that my death. 5 becaule there is a new ad to bee done. (ion following to perfeft this inception • for the ufe muft be limited by the feoffor. and not my ad. and after I purchafe it. 2. at my pleafure willfuffice. and hee had nothing at the time of the covenant.7.Eiiz. viz. which is the confummation of my will. inconfidcration of naturall love. by indenture. and letters of atturney are delivered aca time. and not Gom. is the ad of God. and letters of atturney are dc livered when the firft had nothing in the land. S. though the land be purchafed after. fo that the fecond deed of feoffement if. and that the (anie fine (hall be to certaine ufes which I expreflTe in the fame indenture. ofwhichatthat time lam not (eifed. nor tranfmutation ofpofleA feoffee . and yet if both liveries be made accordingly. and therefore no (uch ad as the law -^ require th. becaufe there is no new ad. all is good.(58) fcoffement.Eiiz. So if I covenant with I. by fpeciall name. Rigd'enscafeV the feoffee. except I make fome new puband the lication of my will. this device is void reafbn is.

.£U2. and all within the fix months. and all one <f. yet the la\^giveth him no ad vantage of that error. In criminalibia fu0cit generaiis malitia zV2-ReguIai5. S. authority demi(e them. tentionis cum faBop^irif ^radm. and I enter.by my deed whereof I am now codemife toryeares. conception in ^corrupt X^^intent^ and have their ebnfunimatjon and iCwhich though it fuing in fome particular faft the In ention of the maie. Becaufe of the vehement relation which tbeenrolment hath to the time of the bargaine and fale. and after covenant with I. the land feifed. two Joyntcnants be. S. and after I purchafeihe lands. bargaine. and this deed is enrolled. andfde . in confid ration of money which that after I I receive have entrcd for the condition ^)rokcn. and I. at what time he had nothing but anakedcondition. . ' *^^ Llcrimis havethetr . with a demile by my felfe. and the law is more ftrongin that cafe. But ifl morgage land. I will (land feifed to the ufe of the fame I. atid before the So if enrolment his companion dyeth. ifanother particular enfue of as Therefore K 2 high a nature. becaufe this enrolment is no new aft. yet nothing pafleth away. S.S.Br. and one of them '. or hereafter fliall be feifed .Ei<5. my Atmrney doth But ifl grant unto I. be not the fadt at which ^^or levelled. nothing palTeth of the moity accrued unto him by furvivor. chisis agooddemifej becaufe the d^mifeof my acturney is a new aft. but a perfeftive ceremony of the firft deed of bargaine of him. and fell the whole land.

peace. and yet the malice /« iW/V. D. and bee pre* (cnc when he doth (b. D. killeth becaufe it is not altogether crimen parit gr^dm.30. hehfeUdtfe^ and yet his intention was not to hurt him (elf e 5 for felonia de fe and murther arc crmma parts ^radw. But qudtre^ if I. ^^^' Therefore if an impotfbned apple be laid in ^ pj^ce to poifon I.EUx. this is burglary. S. though itbe but in circumftance expref^ &d. yet the breaking of the doore was without any felonious intent. plealeth him. a as (itiiWy as it it and if the party authorised doe tranfgrefle his au- thority. Regula 16. But . other ftranger his enemy. lay impoifoned fruit for (bme Cr. For if a man pcrfwade another to kill himftlfe.ji.T.1?. but it is one enrire ad:. committing of INman may limit lawful! authority to another. S. CMandatA licit a recipiuntJlriBam interpreta^ (Jr tionem^fedmicita latam extenfam. luft. and I.18.sandcrscafecom. So if a Caiiv( r be difchargcd with a murthcrous intent at I.peace. him. and come in by night and rob an houfe. chance and catethitj this is miirthcr in the principal! that isaftor. and ftrike into the eye of him that di/cargeth it and Cave. foi. he is a murtherer.^»6> was not ggainft I. and be taken with the manner. S. whether this be petty trealon. So if a thiefe find the doore open. and the Peece breake. and his father or mother come and eat it. commeth by Cr. and breake a doore ro efcape. it (hall be voydin the whole a^.

Ifa man command I. on Shooters-hill.whom I racane onely to enfcoffe. yet hee is acceflary to the burglary " • K 3 fo! .if. and it my atturney make it to his atturney.. fiT.. S. in all thefc cafes the ad of the atturney ^ as to execute the el^ate. and hee doth it by vio• lence ^ in all th fe cafes norvv^ithftanding the fafl: be not executed. and ^. then he {hall not ro. And be As it that the fafts be of differing degrees. away fuch "^ . r^.D. B. and he J^'f^r^^'*''"* °^''^^* ^' doth it not hiinfeife but procureth I. hen the afts are diflant in fubi ibidem. and hee doth it on Gads-hiil.it is a livery (hall be in'^ to him in law. excufe himfclfc.Hi. S. vet he is accefTary neverthelefle. But ificbc to kill I. D. miflaking him for I. robe delivered to I. and my atturney deliver "u P^^^^. But on the other fide. and he doth it after or before ^ or if I make a Charter of fcotfement to I. to deliver livery and (eifin in the capitall Me(ruas. D.7. B. B. D. and he killeth LD...Dy. if a man bid I. or betwcene the hourcsof2. -* '^^' it to I.H. or torobbe him fuch a day.: {61) ther to But when a man is author and monitor fo anocommit an unlawful! aft. andyctheebreaketh the houfe.ai'd f.by circumftances no: porlued. to pilfer and yet ofa kind.S. Therefore if I make a letter of arturney toI.r^. ftance.S. to rob I. is voyd ^ but if I fay gene' rally to I.e. and expreffethefeidn i^-El-Dyj^^. to doe it or to kill him by poyibn.jjy. and he doth it in another place of the land. S. tended. andheisnotaccefTiry. and precifely reftraine him to doc it fbmetimes when he is gotten in without breaking of the houfe.mii/ thingsoutofahoufe.

But the greateft doubt is where the Court doth determine of the verity of the matter in fa6t 3 (b that is rather a point of tryall than a point of judgement. as hegoeth to iS. thiserrour (hall iUX>^.foi.for a man cannot condition with an unlawfull a^.7. the Court received it contrary. THelawdothfomuch refpedt the certaintie of judgement. that whereas I. the Court refufedit. and he rob him in his hoiife. this (hall not be accepted. Defde fii9^ (j^ officio ludicis 7ion recipitur au^^ fedde fcientia.N.aff3. S. As . offered to plead a fuffictentbarre. but only in ignorance. that 7.Com^47f. 11. and the credit and authority ofJudges. as it will not permit any error to bee affigned that impeacheth them in their truftand office. ^^^' variance (eemes to bepf fubftance^ and he is pi.4- "^' 3.¥. Bat if a man bid one rob I. ii^i not be allowed.br. anddrave me from it. but he muft at his pcrill take heed how hce puctcth himd'lfc into another mans hands.EiizinSan-Sturbridgc-faire. whether it (hall be re-examined in crrour.H. nocacceflarie. And therefore if I will afligne for error. Regulaiy. S. and fb gave judgement againft me. five error fit Iurisfive faBi. and in wilfull abuftof the(ame. F. and miftaking either of the law or of the cafe and matter in fad". So if I will alledge for errouf. whereas the verdift pafled for me.H.

nient nofme Countee. the Courr. and if j.Mar. 89.and the Court who is judge thereof doe put him from his clergie wrongblly. in the writ this fhall *?'^'*4'^° dc dale be tryed by the records of the Chancery. and the Court doeafTeffedammages.afrpi.t4. and judge.f. ^* the defendant (ball never bring a writ^ though the & .43.V 3f. and i. though the fees be other. errour (hall never be brought upon the attainder. i«. and upon Judgement given no errour lyethobrii ni zsyinrh/ So if a felon demand his clergy? and read well and diftindly. So if a woman bring a writ of dower^ and the tenant plead her husband was alive. the defendant can bring no writ of errour of this judgement. no error lyeth. So if mon pleas bring an aflizeof his office.Mar. this fnall be tryed by proofesand not by jury. they determine it for the plaintiffe. and alleage in certainty. one of the Prothonotaries of the Com. this iflue (hall be tri.afl:9.j.^ie?^' Ji air.8H. So if in theaffize the tenant faith. and he have judgement to recover arrerages accordingly.' As if an appcale of Maihcm he brought. ment be thereupon given. So if upon judgemmc given upon confdfion ^•^^•^* ^'*"* for default.Dy.Mar. he is dttntee a1. by the affiftance of the Chirurgians adjJ'jf^^o^V' **' ^*°^ judge ittobc a Maihcm. So if nul tiel record be pleaded which is to bee ^•^'^•4 3' tryed by the infpeftion of the record.Dy.^»j''f^t. ment given on either fide no error lies. and fees belonging to the fame office iflue is taken upon thefe fees. cd by the Judges by way of examination. whether the party grieved may bring a writ of errour^ and I hold the Law to be he cannot.h. and upon judgein troth s.fj^i^jz.

becaufe it is not to bee prefumed they would differ from their former certificate 5 whereas in thefe other cafes of error the matter is drawne before a fuperiour Court. or by the Marfhall of the Kmg &c. and then the pmy grieved (hall have his attaint ^ and therefore it fecmeth that the Court that doth deprive a man of the to an aft-ion 5 but that. as was faid.(^4) damage bee outragiocs. to re-examine the errors of an inferiour Court : and therefore the true reafbn. were in fubftance to attaint the Court. and put it to a Jury. as was (aid in the beginning. which were frivolous. (hould be fubjed XI H^'i rii-^fj*! of thefe by the Court fliould be peremptory as tryall by certificate. the law will not have. becaufe try all is. that the Court may difmifle thcmfelves of di(^uiling the matter by examination. becau(e if the Court (hould not give credit to it. thecertificate. (as by the Bi(hop in cafe of baftardy. and (bme other cafes. And therefore this is a certaine rule in error. and that is the his a'^ion. or the Qmc Lord Marfhall. but (hould re-examine they have no other meane but to write againe to the fame Lord Bifhop. that to examine againe that which the Court had tryed. the Judges czikd in queftion in the point of their office when they undertake to dilcu(rc the ilTue. And it (ecmethinche cafe of maihcm . notwithftanding. that error in law is ever of ftich matters as were not . ) the ca(es are nothing alike 5 for the rea(bn of thofe cafes ofcertificate true reaibn ^ for to (ay that the rea(bn cafes (hould bee.

za it doth nov^ap- peareupon the record that he is now of full age.r j.i. and you fhall never alledge an error in fad contrary to the record. *\Perfona coii^unHd aquiparatur interejjepnprio.ti. and the Court by infpeaion and examination doch affirme the fine^ the infant. as in divers cafes itcompareth and matcheth neerenefle of bloud with T L confideracion. it is an error in faft. And there. Clerkes entred it in the roll agafnfl: him. but becaufe • not but that er. Ihall never bring a writ of error in the Parliament upon rhis Judgement rorlyes after error. He law hath thatrefpcft of nature andconjunftion of bloud. that whereas uhe Judges gave judpiementforhiro. this error fhall nor be allowed. not upon the record that he is an infant.C^5> not crolTed by the record. fore ifamanwill adigne for error that fadl. Regula i S-. as to alledge the death of the tenant at the tfmeofthe jndgemcnc given^ nothing appeareth upon record to the contrary. So when the infant levies a fine.N Br. therefore it is an error in fdd . though it bee during bis infancy. it appeareth F. if it be an error. the 9Ea4j. of a fine levied by an infant.F. and yet it doth not touch the Judges bur the Clerks 5 but the reaibnis. But if a writ of error be brought in the Kings Bench.ir. therefore it can be no error in fad:. and (haJl bee tried by infpedion during nonage. .NBr.

this \s a nudum paBuwy and no ajfumpfit lyeth upon it 5 for to fiibjed me to an : ^9. oHc more ftrorgly. jxd. Therefore if a man covenant in confideration of bloudj to ftand (cifed to the ufe of his brother.1 dcgrec can be conveyed in a certainty whether it be ofthehalfe bloud or whole. that confidcrati- onofbloud is not to ground a per/bnail contract upon as if I contrat^ with my ibnne.Er»z.i*. neverthelefle icistrue. 4XJ. there needeth a conGderacion of benefit.1'. So in challenges of Juries. * . I may maintaine alweil as hce in re-» n^^^nder for his interefl:.rf. my fbnne. adion. or brother. So ifa (uit be commenced again ft me. io. challenge of bloud is as good as challenge within diflrefle.H. the law doth match reall confiderations with reall agreements and covenants. but theulethelawraifeth without fuit oradiooj and bcfides.^. ai.Ed.17.Ei4. and in fGOie cafes alioweth 7.& I f .4. as well as if the durefle had becne to mine . my brother have a (iiit againfl my nephew Qj. zz.7r.H^. I fiiall avoyd this durcfle.{661 ccnfideration of profit and intcreft:. though the adverfe and if 14. yea. orneere kinfman. that m confideration of bbud 1 will give unto him fuch afummeofmony. ii'ilif linJ^ti > ^%. i9. I* .6.&8. and it is not material I how farre off the kindred be. party bee ncerer unto mee in bloud. coufin. except I make fuch an obligation.H.y.Ed4. Co the pe- iy. or fonne.Elit. om. yet it is at my election to maintaine the c^u^ of my nephew or coufin.niu. So if a man menace mee. ' or his Lawyer for his fee. anufcis wellraifed of this covenant without tranfmutation of po(^ feffion . ""al.4. that hec will impri^"» ^' ^"^^ ^" ^°^y ^y ^^^^Cfj or '"y childe.7.H.

no more than if hee had contraded for his owne aliments or erudition.4. The cUufuU de non dftante de futuro^ the law iudgeth to be idle and of no force.C^7) if a man menace me. whtreof one is claufu^ h dero^atoria^ the other intcrpopio yitamenti^ whereof the former is onely pertinent to this prefent purpofc. is no good duiefle to plead 5 and the reafon is. : and yet the nurfingot his lawfull childe 3 this contraft is '"^'^ ' good. yet men have put in ure two meanes to bind themfelvcs from chang^'ng or diflblying that which they have ki downe. Soifamanundertheyearesofai. contraa for Pcrk. the other any matter to'come. becaufe it doth deprive L a. caufe the law can make mc reparation of that lolTe. and not be avoyded by infancy. and this latter is ihat only whereof wee (peake. tbeir natures revocablejCanActs which are inofwords be fixed or perpeftrength not by tuated. this be. ah eadem ptefiate rts diffohamttr d quibm C9n» fiituuntur. mine owne perfon by takii g away or deftrudion of my goods. I'^f^S^^^' and Co it cannot of the other. . (hall Non imfedit claufula derozatoria^ quo mims^c^^l^ip. This claufM dfrog-noriit is by the common prafticall rerme called cUufuh non obfianu defuturoejje^ the one weakening and difanuillng any matter part to the contrary.S9-iU'9^i.

and in the end thereof doe adde fuch like claufe.?. and although ic doereftrame the revocation but in circumftance and not altogether. and make a new.becau(e it is an inft^parable prerogative of the Crowne to di(^ penfe with politicke ftatutes and of that kind.7. and then the derogatory claufe hurteth not. So if there be a ftature made that noSherifFe z8. 9. which pretendeth to exclude Kon objlantes^ and the rea(bnis. is of no force or efficacie to fortifie the former will againft thefecond. and that alteration or repentance. contrary to (uch ftatute. »4. but this my former will to (tand ] any fuch pretended will ro theconrrarynotwichlianding ^ yec neverthelefle thisclaufeor any the like never fo exactly penned.E<i. cap. [ Hjfb my revoke this prefenc will. but I may by paroll without writing repeale the lame will. itfhail bee voyd. fliall continue in his office above a yeare.E«i.(^8) deprive men of that which of all other things raoft incident to humane condition. will is if I ftiall clare any new will. that (uch revocition or new decoration fliall be ucterlv voyd. So .cap. and by thefe prefents I doe declare the lame rot to be my will. or deexcept the fime (hall be in writing. is is Therefore if I make my will. that fuch claufe alfo (hall be voyd . yet neverthelefle a Patent of the SherifFcs office made by the King with a non obfiante will be good in law. and if ** ^**' any Patent be made to the contrary.3. and if there beany claafula demnohflante contained in fuch Patent todifpence with this prefent ad. fubfcribed wich the hands of two wicneffes.

was repealed. and fuch aft may be repealed within the (even yeares. 17.ofK. wherein a more rea((:)nable liberty was given : and wherein. this is a voydclaule. and a new law furrogate in place thereof. but it is not power to iave him alive and to reftraine him from breathing or feeling ^ fo it is in the power ofa Parliament to extinouiOi or transfer their owne authority. chap. ^•^*'"*^'^^ L z made .So there if is an ad of Parlament bee made wherein it (hall a claufe contained. 8.313. the naand yet if the Parliament (hould enaft ofthe ancient Lex Regia^ that there iTiould ture m be no more Parliaments held. there was a flarure made. quia petej^M fupre^maftip- fum i-jjulvere potejl^ Ugire non poteji : for as it is in the in his power of a man to kill a man.ca.rec!vOning the lame under the yeares of 24. might be annulled and revoked by their letters Pitenrs when thev came to the lame yeares^buc tbisaftinthefirftof K. but nor whilft the authority remaines entire to rcftraine the funftions and cx- ercifesof the fa-iae authority.i i. that all afts that paded in the minori:y ofKings. whowasthen betweene the yeares of 1 0. 6. but that the King (hould have the authority of the Parlament ^ this aft were good in Law.8c i i.Dy. is 14Ei. Ed. yet that very Law of revocation j together with pardons. H. Sointhe 28. though other hwcs are made revocable according to the provifion of the former law with fome new forme prefcribed. that not bee law full for the King by authority of Parlianicnc during the (pace of feven yeares to repealc and determine the ^me aft.

(70) made irrevocable and perpetual!. that the law of repeale fhallnotbe repealed. for they diftinguifn and fay that a derogatory claufe is good to difable any latter a(f^. as if a law were made. or declaration for they fay. that no new ftatute fhould be made during (even yeares. then the repeale could not be made thereof within that time fcrthelawofrepeale wereanewlaWjand that were difabled by theform^rlaw. and fo it fclfe made revocable . though it felfe were made durirjg the minority. hath a precife exception. that lavv making no doubt of rheab* foluterepeale of the firftlaw. if the firft: ftatute (houfd be good. and the fame ftatute be repealed within the fcven yeares. that the firft law by the impertinency of it was voyd ah initio c^ ipJof-Bo without repeale. Neither is the difference of the civill law (b realonable as colourable. therefore it is voyd in it felfe. perpetua lex . But the law is. nuU-m Ifgiw humanam ac pofitivam perpetu^m ejfe^ ^claufuU q^utt ahrogationtm exdudff initio non efi valet. then that verylawof rcpcale is concluded in the generality. except you revoke the fame claufe before you proceed to ^ eftablifti any later dif- j^ofirion. on the ©iher nde. fo that there is a dired contrariety betweenc rhefe twolawes : for if the former ftands. and the rule holds. which maketh all latter lawes during the minority of Kings revocable without exception of any law whatioever. which was the very cafe oft(je former law in the new provifion which it maketh. xhdxclaufula dcrogatoria .

untill a revocation. ^fiautem pendftex voluntate tertUper/oftd^velex contigenti^n9Hp$tefi^ that arc confummate. Thefenfc is. (j/per cenfequens quod fequens dif^ojitio dure-' fur fine vduntate (sf fie qaod nen fit attendenduw. orof acontigcncy. But where there is fuch a derogatory claufe.\ dcr9gatoria ^ / ad alias feq*4entes voluntates pofita in tesiamemo ( viz. is beciufe of the repugnancie becwccne thedifpofition of the former and the later. then would no revocation at all be made. which neverthelcfie his intention was (hould not take p'ace fore but this was anfwercd bewere allowed to be good . afts folly if firft parties have put power of a third perfon. JBus incefttu^ cu]us perfe&io pendet ex Vo- Rcgula 20. therefore it muft needs be voyd by operation of law at firft. IN law makes this executed andthat the the difference. l»rttate fartium^revQcaripotefi. the rcafbn why without an exprefle revocation of the former will it is by implication revoked. Thus mxxcho^ ClaufuU : for if chat claufe derogatoria. becaufe it fccmeth that the teftator had a purpofc at the making of the firft will to make fbmc fhewof a new will. to give a perfc^ion to their it in the adtS) .fitesidtor dicat qd'fi centi^rrit eum facer e aliud tefiutnentum nen vuU iUud valere) eperatur qued fequtns di/pofuio ah ipfa claufula reguletur. there can be gathered no fbch repugnancy. that where a former will is madejand after a later will.

that I will bring into his Garner 20.N. they may make a revocation or diflblution of the (ame exchange by mutual! confent. before cither of thefe daycs the parties tnay by aiTent dilTol ve the contrad but after the firft day there isa perfeftion given to the contrad byad^ion on the one fide. and non fetfance^ a certaine time or in a certaine lbrt. then the law accounteth it in vainc to rcftraine them from revoking of it^ for as they at may fruftrare it by omiffion.Elix.7-13I4* Therefore if two exchange land by deed. or without deed.5^. which is -^ a before Chriftmas. then they have put it out of their owne reach and liberty 5 therefore there is no reafbn they fhould revoke them : but if the confummation depend u.jtf. F. for as much as the making of an exchange needethno deed. So if I contraft with 1. but never difTolve the concradr 5 for there is a difference be-^ tweene diflblving the contraft and rcleafe or Surrender of the thing contrafted for : as if lefTee for ao.ads. io the law permitteth them to d'iffblve it by an exprelTe content. on the fame confent . yeares^ and after he take . becaufe it is to be pcrf fted by F. but not by paroll. quarters of wheat entry.H.or circumftancc. yearesmake a leafc for 10. and neither enter. before that tirae^ or without that circumftance.Br. ceremony notorious in the nature ofa livery but it cannot bee diflblved but by deed. becaufe itdifchargeth that which is but title. D. (bit be by deed. that if he lay me into my feller three tunnes ofwine before Mich. I3. and they may make crolTe releafcs by dctd or paroll. which was the inception.

The fame difference •. or the like. it our of my felfe.- onsand eledions I. though this be an \'^J^'^imperfed aft before atturnement. yet before the feo^cment and within the I. atturnmenr is the adt of a ftranger. D. totheufeof&ch aone asl. Burto returnt from our digreffionjOn the otherfide.becaufe they have put it in the power price as I. refufeto checontradt isvoyd. but by a policy or circaaj(Vance Inlaw. fnali name within a yeare/ then if I. but the parties cannot name. - I not revoke this prefentation.Q.(73) take a Ic^fe for five ycares. or mafcingabargaine and fale. becaule I have put . if Iconcraft with you for cloth atfuch a name • there if I. D.^^j^J. that is the Bi(hop by admiifion 38.by diflblution of contrad ^ for a leafe of land is but a contrad: executory from time to timeof the profits of the land.F. (hall name within a vearej and I. name • . to perfed my ad begun. ro arife as a man may fell his come or his tythe tofpringor to be perceived for divers ftiiure yeares. may countermand his nomination and name againe.Ed. name yeare D. as if I enfcoffe fuch a one as L D. M. So if Igrant my revcrfion.atturnniet. B. butinurechonely.Ed. yet this cannot inure by way offurrender : for a petty leafe derived out of a greater wnjiot be furrcndrc d backagaine. difcharge it. D.jy. (hall of the third perfon to perfcft. Soifl prefent aClerketotheBi(hop. now can |i. yet becaufctheF. as by levying a fine.5*. ButiflenfeoifeL S. becaii(e no inttreftpalTeth out of him. appearerh in nominati.M-Ed.4a.g. this is not (imply revokable. S.j. S.

becauft the nfe fcth prefently by operation of law. ClattfuUyel fulcitur.iefir«4t. and yet if it be Knights cither fervice . Regttla2i. and fo it is out of the judge to revoke in Courts ordered by the common law. becaufe there is a title of e36ecution or barre given prefently unto the party upon judgement. is reputed nugation. nor upon any caufe emerging afterwards . pafl So in jndiciall ads the rale of the civill .(74) name I. it is not revocable. which may induce an operation of thofc idle words. and is not fupporced and made of fubftance aft 3».i. inutila fer frefumftionem rcmetam vel cauftm^ ex ^ofi fuBo noi$ dijpfijitio CLaufuU vtl di^ofitio inutiJk are (aid. B.GooYd. law that holdcth^fententia inttrUcutoria revocari p$tefl is. becaufc the difpofiiion of law did caft the (ame upon the hcke by deicent.when the or the words doe worke or exprefle no more than the law by intendment would have (upplied 5 and therefore the doubling or iterating of that and no more. but a judgement cannot^ and the reafbnis. this is a voyddeuife. in regard whereof it might be materiall. that an order may be revoked.H. And therefore if a man demile land at this day to his (bnne and heirc. which the conceit of law doth in a fort prevent and preoccupate. Vtt^' Br. by a forreine intendment of (bme purpofe.

thefe words offpelimitation are voyd. i^ hjjh. but by the devife they (hall take joyntly. and the heire within age. if hec take two parts of the proby fits tohisowne ufe.but thereafbn of the principall ca(e is.s. wis bat a frivolous limitation. altererhnot the law.(7V ftrvicc land. then might and it bee : tuthority by his Wi II to declare and appoint ufes. and the guardian (ball have benefit but of the third . were to have becne di/pofed by will. and the feature of 2 7. when n(j land could have becne devifcd. for by rhe law they (hall take in coper- to his two i^. but ifa man devife land the devife he (hall have daughters. and before the flatute of Wills.it. As if a man makeafeoffement in fee. and this is not any forreine collateral! purpofe. M a yet . in regard ofthe old ufe that the law referved was dcvi&bie . H. then the devife IS good. 8. and J'^'^ 4 * therefore after thatftatute. So if a man make a fcoifement in ciall fee. and therefore betore that flarurean uie limited in the form. notwithftandingit be Knights fervice land. there the (Granger may declare an n(e t»f the whole by his wil. but in point of taking of cftate. becaufe ufes before the fVatute ofay. hee might difpofe the whole. having no Tonnes. and then though it were Knights fervice land. cenary. as to the creating and limiting of any ufe. becaufe he doth alter thedifpofici* on of law. aforelaid. and the lawreferveth the ancient u(e to the feoflbr and his heires yet if the words might (land. to the u(e of the will and tefVa- mcnt ofa ftrang- r. Dy. to the ufe ofhislaft will and teftamcnt.h.

but this is but a circumftailce wh^cfe the law refpedeth not.Ed.?th in IJ. whootherwife comm. feveralltitlcs. S. and hUhfetres. for a man cannot be joynt tenant claiming by purchafe. becaufe they be . and Co continuerh to rhis day.Dy. i. So . and the right heires of I. becaufe I have altered the difpofition 4. y7. thereby to declare an eftatc raile and no greater eftate ^ and after my death and after fuch eftate declared (hall expirej or in defauk of fiich declaration then to the u(e lafl: of I.i74. bydefcent.»9.8. yjgjjj heires. though it beheld inKnighcs fc:rvice.H.heire of the heire . neverthelefle to his companions titles. niy right heires. Ij^^j pQa ftranger.Ea.andyet I have an efface in fee fimple by vertue of theold ufe during life. and the ufe 12.8 s. But if i make a feorfcment in fee to the u(e of 10. 3i.Dy.3.Ei.8.4. jef^-rved by the law doth take place. Biicifl raakeafepffement ia fee. this 15 a good u(e. but both our right heires when they come in being fhall take by joynt purchafe. and yet if the limitation (hould be good the heirefhould coma! in by way of purchafe.8. (bithavenotdefcended from the firft/heire to the.ithisis a good limitation.Dy. S.. ^ of law neither is it voyd for amoicy. and the other by defcent. as was proved before.H.H. to the T ufeof my willand teitament.137. this is a voyd limitation.C7^) yet was it a voyd Kmiratioa as before. Dtyi^^' I.H. and he to whom the firft falleth (hall take the whole fubjed. and I may by my will declare an ufe of the whole *.43. So if I make a feoffement in fee to the ufe of ray ao.

For matter expofifaBoy if a Icafe for life be made tocwOj and the furvivor of them.(77) So if a man having land on the part of his Mother make a feorfemem in fee roihc u(e of himr* and his heires.4.s. And f.fbr the intendment is remote. anddiftreiTe accordingly.Ed.%. acres. i^-as. . So if a man grant a rent charge out of 10. and grant further that the whole rent (hall iffue out. thus much touching for reine intendments. of every aae. and they after felfe (hi II makepanition : now the/e words (and the furvivor of them ) (hould (eeme to carry purpole as a. bccaufethe intendment of law would have conveyed the uCq to the feme alo^ie. But if baron and feme be^and they joynein a fine of the femes land. occupant.i i. but his part (ball revert. and exprcffean life to the husband and wife and their hcires : this limitation ftiall give a joynt eftate by intierries to them both.limitation.^6. that either of them ihould be dated ofbis part for both their lives feveralJy 5 but yet the law at the firft conftrueth the words but joaffs Pier. this tife though expreflTcdj not goe to him and the hcires of the part of his Father as anew purchafe. 3f. p-z-o. and afterwards the grantee purchale an acre : now thisclaufe (hould feeme to be mareriall to uphold theTCflt 5 but yet neverthele(re the law at firft acccpreth oi thefe words but as words of explanai2:ik y^Mi^ M 3 tion. words of dilating to defcribe a joynt eftate ^ and P^"-^^* if one ofthem dye after partition there (hall be no yy{. no more than h^-^l^^^^' ** fhould have done if it had beene a feofFeraent»n ^ fee nakedly wichouc confidcration.

and the gift is with warranty. This Rule faileth where that the law filth as much as the party. now the tenure which the law makes bctwcene the donor and donee (hall be in foccage. So if a gift iataile be made upon condition. and not in Knights fervice. txMfUu condition fhould fecme materiall to give him benefit of entry..E^. but upoa forrcine miaer ^t pregnant and appearing upon the lame ati. and other land recovered in value againft the donor held in foccagc. it worketh nothing upon this matter emergent afterward. the new land (hall be held by the fame fervice the laft land wa$p without any regard at all to the tenure paramomtt^ and thus much of matter ex p§fips&o. So if a gift in taile be made of lands held in Knights (crvice with an expreflc rcfcrvation of the (ame fervice.Com. that 4. . 53. But if a gift intaile had becnc made of lands held in foccage with a rcfcrvadon of Knights fer-» vice tenure. and the land is evifted. and <0Bveyance. and then notwithftanding the whole rent is extiQ^. becaufe the fir(^ rc(crvation was according to the tinue and this dye wichourifTue now owelty of fervice. whereby the land is held over.C70 tion. then becaufe the intendment of law is altered. if tenant intailedye without iffueit (hall be lawVj-ti^si^ fall for the donor to enter and thedonce discon. and with warranty. but becaufeitdidatthe firft limit the eftate according to the limitation of law. which was no more than the law would have refcrved.

and he lets for 20. yet the ftate of the icafe fbryearesis not enlarged againft the itH. as to the but the privilege oftenant after poflibile.pi^8. onelyto Ficz.j*. this warranty in law and warjogdj. if he live (b long 5 this limitation (if he live felong) is no more than the law faith. Alfb heed muft be given that fland together. andnotlike orrcfembling. rancy in deed are not the fame thing. but it i% fbrreinc matter in refpeft of the truth of the ftate whence the Icafe is derived : and therefore if lef. : firmation at all had beene made. and by my d^td warrant the fame land. *^^- There icmaincth yet a great queftion on rule. lity is : forrcinc matter. as if leflce for life be. So if tenant after poflibility make a leafe for and the donor confirraes to the lelTee to hold without impeachment of wafte during the life of tenant in taile. law tion faith. this A .Ed.Ktir.^79) conveyance. fcarcs. bat it doth not appeare upon the fame conveyance orad. fceforliferaakea feoffement in fee. feotfee.^fe and confirmaif ten:int after poflibility and therefore doe farrender. and fuch asjaiav ftand both together for if I let land for life rendring a rent. and which the party exprefTeth. this is no more than the yeares.i.zouth. otherwife had itbeene iffiich limitation ^^^pf^^% left hadnotbeene butthatithadbeene the law. yet the leffee (hall hold difpunifhablc of wafle ^ othervvife had ic beene if no fuch conit be indeed the fame thing which the law intendeth. that this limitation is nugatory. but may both 2i.

yet this is voyd 5 for the law faith hee is inbydilcentofthe whole.(8o) A principallreaibn whereupon this rule isbuilt^ . and exprelTe my intention tobe. troule the To this I anfwer. But if I Law. bebut in one cafe.i 3^. and the other he Ihill take by devife to his owne ufe. and fay upon condi- lionj that if tenant intaile difcontinue and after dye without ter V this is caufe lavv it is iilue it fhall be lawful! for me to engoad claufe to make a condicion..that the one partfhoolddefcendto him as the third appointed by ftatute. he (hall be in by devife. that no precife or exprefie words will controule this intendment of law ^ but as the generall words arevoyd. make a gift intaile. or cafe be difTeif 6bc .fliould feeme tobebecaufefiachaf^sordaufesare thought to bee but declaratory and added upon Ignorance SLndex cenfuetudine clcricorufff uponoh' Cerving of a common forme. that if tenant intaile difcontinue. I that am the donor fhall not enter. becaufe they fay contrary to that the law faith . and I fay. and not upon purpofe or meaningj and therefore whether by parti-^ cular words a man may not conintendment of the Jaw. out But if the claufe had beene provided. and doth notcrofic the a generally : fbr if the tenant intaile in that d and a defcent cafl> and dye withilTue. which? and precife is-againftthc Tjf.. or fufo a defcent. (6 are they which are thought to be againft the law : and therefore if I demife my land being Knights fervice tenure to my heire.

I will enter into your bond of 40. who hadfaidat the fir ft. But if 1 will draw any confideration to my felfe. and yet if it had beene moved from the duredbr. you (hall take this peece of Plate. if you will deliver me that peece of Plate. except I make unto him a bond of 40. notwithflanding. intothelefler. andyetthat fencer by compulfion.: (8i) <Jocany other fad wharfocver.1. Ineverthelefle will referve to my felfs an entry. now the gift of the Plate had N . and I tell him that I will fiotdoe it^ but I will make unto him a bond of 20. if the party durefled doe make any motion or orfer. Therefore if a party menace me. and make me a bond of 40. yccifthe firfl: ground of the aft be durelTe. for it importeth a repugnancy to law : as it I would over-rule that where the law faith I am put to rayadtion. 1. 1. the law (hall not expound this bond to be voluntary. rhatafter his death without illue it (hall be lawfull for mee to enter row this is a voyd condition. 1. as if I had fald. the lav/ will not conltrue that the durcffe Although doth determine. now the durefTe is dilcharged. but (liall rather make is conftruftion that my m'nde and courage not to enter into the greater bond for any menace. ^071 videtur confenfum retinuijfe Jiquu ex Regula2ir prefer fpt^ minanttf aliquid mmutavh^ choice and eled^ion be a badge of confent.

wirh matter ofaverrement. oritur amhiguum verifcamnefaBi ofambignities of words. the on^h A mhignitM Vatens^ and the other Latens. though it be by . S. which is of inferiour account in law for that were to make all deeds hollow. THere be two forts wilL . the inheritance (hould be limited. and the reafon is. the intention was. which is of the higher account. D.(80 had beene good. that to palfe without dttd^ which the law appjintcth (hall not pafle but by deed. jimhiguitas Patens is never hoi pen by averremenc. y^mhiguita^ verhorum Latens ftij)pletur^ iperificatione nam quod ex fuBe teilitur. and fubjedt ro avcrrements.*^ and doe not limit to whether of their heires. Patens is thac which appeares to be ambiguous upon the deed or inftmment. it h^ercdibpi. Therefore if a man give land to /. for any thing that appearcrh upon the deed' or inflrument . Regula 2->. and fo in eifcd. bccaufe the law wit! not couple and mingle iRatttr of fpecialty. Lnens i$ that which feemcth cerraine and wirhour ambiguity.and yet the bond Iballbe avoyded bydurefle. but there is fome coll itcrall mattcf out of the decd^ that breedcth the am Mguity. So if a man give land intaile. it (hall not bee fupplied byaverrcment to whether of them.. &!.

foritholdeth generally that all ambiguirie of words by matter within the deed. and his hcires. But if it be Ambiguitat lattns^ then otherwife m it is : as if I grant my mannour of S.whether I fay it in my deed or no that I grant out of my hundred acres. fortheprefumption in fata-. which ten hee will take. OFthefe. or eleftbn. th X the intent of the devifbr was. yet here fhall be an eledion in the grantee. ambigu'ties of the reference of this clanfe. N 2 of . As if I grant ten acres of wood in fale. whether of them was that the party intended fhould pafle. it cannot be averred upon the Will.(83) the remainder intaile. this ambiguity is matter and therefore it fhall hoipen by averrement. and North S. that thereftraint fnould goe onely to him in the remainder. body 5 and thar the tenant intaile was meant to be at large. So if I fet forth mv land by quantity. to I. where I have an hundred acres. F. infinite cafes might be put. andaddc a Provifo. then it fhall be fupplied by eledio^^ and not averm'^nr. and the iicires of his inpoffcffion. in thi^manner : Provided that ifhee or they or any ofthemdoeany &c. accordmg to the ufuallclaufesofperpetuicies. ibme cafe by Hiall be hoipen by conftruftion. And the reafon is piaine.but never by averrement. and not out of the deed. but rather fhall make the deed voyd for uncertainty. here appeareth no ambiguity at all ^ but if the truth be that I have the mannours both of South S.

IS when one name and appellation doth denominate divers things.. fieriumdes. for this ambiguity (poken of before. Another fort of yf»2^/^«//^ latent is correlative unto thefc .Church in Oxford. I lezQuntoyou mum macite. and therefore the averment muft be of matter. and diere being no caufe to hclpe the uncertainty by intention.. which may be fpecially averred. becaufe it doth (land with the words. and the name of the Corporation \s Ecclefia chriji in Vniver^tate Oxfsrd. that the parties had indifferent intentions. except the intent were of an eledion. Dun' l\€2i(euntoyou unum tenement u/jiy there ic an eledion. the fpeciall.of the law is. this fhall bebolpen by averment. becaufc there appeares no amWguity in the words . : fb if flans^ is Where I have two tenements in St. and the fecond^when the fame thing is called by divers names. but the- averment (haU not be of intention. by quantity. which (hould be taken.. . intentjncludes both. and Souths. As if I give lands to Chrift. For in the cafe of equivocation the generall. for this variance is matter in faft. am feifed of the mannour of North S. But in the former cafe the difference holdeth. and therefore fVands with the words : but fb it is not in variaiiee. thereit isckarely an eJcflion I recite. not averment of intention. where it is exprefTed and whrre not for if I re• Whereas I. it ftiallbe (84) where the thbg is onely nominated ' holpen by election.

& lou eft per So if tenant for life the remainder in fee be. Plow.5.M.Co.i3-H.A.339. Sf.13.ij £4. 1. videaccordanr. to the livery. be executed by feverall that authorities.76. a. bene mifcentur ^ fermuU Regula 24. that Lzcita objia. this is one (olid rent outof-both their ef^ates^ and no double rent.77. Snr. and his make leaf^y .'^o. and they joync in a livery by deed or without. nifi juris to> kwfull a^s.and they joynein granting a rent. in that Univerfity of Oxford.H.7. orrent by confirmation. if it be by deed. b. car iladlefranktenement.. As CO (ay univerfity of Oxford to fay the grant fhould he to Chrift-Church. ».4. and he aleafe for three lives. ownCj 3 this is argood ' N .. and doth not inure to a (urrender of the particular eftatc if it be without deed or confirmation ofscmbicdecrethofe in therematnder. As when tenant for life is the remainder in fee. So if tenant intaile be at this day.16 & i7. fait le livery pafla ra forfeiture dc Ton cftate. buVthcy «^cnt^eiey THe law although they giveth that favour are afi . Com. L parties !• d'eftre contra- rymambidcux eafes...1 27. and not that the intention of the parties was. yet the whole aft is good. and of the isoneand the (ame.' (85) raattefjthat do endure quantityjand not intention. thisis one good entire livery drawne from them both.H 8.lib.ELDy. car lou - eft fans fait eft livery fokmentdecertui inlercm' &fu'rr'dc panic ten* aucerment fer-- folement dc renaat.7i4. of the precinft of Oxford.

for the other three So if a man feifed of lands devi(eable by cuftome. So in the Starchamber a fentence may be good. Coparceners be. that is. But iftherc be any forme which lawappointeth to be obferved. feoffee to mention the ftatute in Regula25. bchooveththe his writ. which cannot agree with thedi-verfiti?^ of authorities. that is. anddcvife all his lands. Vide i. and in pare upon that ancient authority which the Court hath by the common law. and ofother hnd held in Knights fervice.the feoffee and one ofthe lifters cannot joy ne in a writ de pan facienda^ becaufe it As if three i44h. then this rule failcth. and one ofthem alien her purparty . 8. 2 Name. I Prefence. and (b upon (everallcommiflions. THere be three degrees of certainty. for lealc his owne life. . and in hehathby lives. and of two parts ofthe other land by the ftatntes. Prafentia corporis toUtt errorem Nominis^ (V Veritas Jtsmmis toffit errtrem Demon^ratmis. grounded in part upon the authority given the Court by the ftatute of 5.Quxre. H. and warranted by the ftatute of 5 2.inftit. part by the authority which theftature.7. H. this is a good devileof all the land cuftomary by the common law. and yet it is good in part by the authority which tenant intaiie hath by the common law.

the Name in the Qcond degree. although I had no fnch. And therefore if I give ahorfe ro L D.but the delivery of the thing it felfe. the date whereof was . May unto this prefent Indenture annexed. this is a good giftjnotwithftanding I call him by a wrong name but fo had it not been c if I had delivered • him to I a fkangtr to the ufc of I. yet it .(87) % 3 Name. the preferceof the Patent maketh the error of the da'efecired not mareriall . yet if icb. being prefent. July.and alwayes theerrour orfalfityin the leflfe worthy. Demonftration or Reference. and the Ring beare a Diamond and no Ruby. and there had beene alio no other cerrainry given. where meant I. allthe lands that the Kingharh pyfled unto me by letters parents dated lo. would have pafTed. S. here I give you my ring with the Ruby. I had given the Ring with the Ruby. Whereof the PrerencetheJaw holdeth of^reateft dignity. and the Parent annexed have date lo. D.' proved that that was the true Patent annexed. but only one with a Diamond which I meant. vet if no Patent had been annexed. and fjy unto him. but the reference of the Patent. take this. So if I fay unto LS. So if I by deed grant unto you by gener^Il words. So had it beene if by word or writing with- . I. and deliver it with my hand. and the Demonftrationor Reference in the loweft. this is agood gift not withftanding Iname it amifle. S.

I

(88)

was

mif-reciced, although I had

ever of the

no other Parent King, yet nothing would have padcd.

Like lawis^lt, but moredoubcfull, where there is not a prelence, but a kind of reprefentarion, whiCh IS leflc worthy than a pretence, and yet more worthy than a Name or Reference. As if 1 covenant with my Ward, that I will tender unto him no other marriage, than the gentlewoman, whofe pidure I delivered him, andthat pidure hath about it ty£tawfujt anno, 1 6, and the .gentlewoman is (eventeene yeares old^ yet ntverthelefle if it can be proved that the pi(^ure was made for that gentlewoman, I may notwithltanding this miftaking, tender her well enough. So if I grant you for life a way over my land according to a plot intended betweene us, and after I grant unto you and your heires a way according to the firft plot intended, whereof a table is annexed to thefe prefents, and there befomefpcciall variance betweene the table and the original! plot, yet this reprelcntation (hall be certainty (iifficienc to lead unto the firft plot, and you (hall have the way in fee never theleflfe, according to the firft plot, and not according to the table. So if I grant unto you by general! words the land which the King hath granted me by his letters patents, $luarum tenor fequitur in h^c verba^ (Jrf. and there be fbme miftaking in the recitalland variance from the original! patent, although it be in
ft

point materiall, yet the reprefentatlon of this whole Patent Qiallbe as the annexing ofthe true

Patent,

)
[(

8^

patent, and the grant (hall not be void
riance.

by this va-

fccond paft of this rale touching and the Reference, for the explaining thereof^ it muft be noted what things found in demonftration or addition ; a?firftin lands, the
the

Now for the
Name

greateft certainty

proper^ as the next is equdl to that, when the land is fet forth by bounds and abuttals, as a clofe of pafture bounding on the Eafl: part upon Emfden-wood, on the South upon, &c. It is alfb a fufficient

where thelandhathaname the mannor of Dale, Grandfield, &g.
is,

name to lay

the generall boundary, that

is,

(bme
in

place of larger precinft, if there be no other land

to pafle in the fame precind, as

Dale,

all my lands my tenement in S. Dunftans Parifli, &c.

A

farther fort

of denomination

is

to name

more

laud by- the attcndancy they have to other lands notorious, a^ parcell of my manour of D,

belonging to fuch a CoUcdge lying upon Thames banke. All thefe things are notes found in dcnomrn*tibn of lands, because they be figncstocall, and therefore of property to fignifie and name a place J bat thcfc notes that found only in demonftration and addition, are (uch a^ are but tranficory and accidenrall to the nature of the place. As fnedfi in tenura occupathnc^ of the proprietory tenure or pofleflbr is bur a thing tranfito-

&
•,

ry in vtCptSt
--

of

land

Generatio venir^

pnersm
Sot)

miffat i terra auftm manet in ^ternuj»,

a

,

-So like wife matter o£ ccmveyance, title, or la-

flrument.
;-

As, ^ua

per^tiifivi ie J.

D^ que

-vr- -t defcendehant a

/•

N. patre tneo^ot^ wpr^diBa Indent t*ra diwi/fh'
inp'TaiiBu Utefis patent'ihm ^ectficat
.

njs^ Ofa

So iikcwiife commm' per dflimiimnem 2 o

acrof^

or if( per tefiimamnttn) be left out, all is one, for it is iinderftood, and this matter of meafure, although it feeme local!, yet it is indeed but opinion andobfervarionofmen. 7 .; l^ ;r:u' r The diftindion being made, the rule is l^rfe^l \examined by it. my cloie called Dale in Therefore if I grant
f-

.

the Panfh of Hurft, in the County of South-, hampton, and the Parilh likewi(e extendeth inrq. the County ofBarkftiire, and the whole qlofe of Dale lycth in the County of Barkftiirie^, yet becaufe the parcell is efpecially named^ the. fa}(rcy of' the addition hurteth not, and yet this additioi? is found in name, but (as it vvis (aid) it wa^leifej worthy than a proper name. -1! So if I grant teHementum meurn^ or omma tC' newenta mea (for the univerfall and indefinite to

one) inparochia SanBi Butolphi * scmbicicylc ^^^1^^ Mgaf efwhefc the verity is extra Bifh»pjgate) grant uft cfte intenufu GttUielmi, which is true, yet this grant is becaufe that which founds in denomination fuklcCoiu ptrVoyd, cur',Co lib 3. is falfe, which is the more worthy , and that which t'i^r^'''^^^^' bounds in addition is true, which is the leffe ^ * and iiMl'^.i9z, though in tenura Guilielmi^whkk is true,had bcene b.&co.iib.2. firflphiced, yet it had been e all one.
this purpole arc all
'fo5i«-

But

C9i)
But
I
if I grant

teaementum tneam qut^ perqui-

vidcib.qu*

have no other tenements in U. but one, this grant is good, becaufc that which foundecb in Dale) is true, and that which founname ( ded in addition {vlz^ quodpcrquifivi^ &c, ) is ©nely

m

ic primer cci. "inty eft faux.

w.

falfe.

So if I grant 7'r^f j^«eJ in Sale cominentla lo acroiy and they containe indeed 20. acres, the whole
a o. pafle.

So

if I grant all

my

lands, being parcels

ma^

ntrii deD, in prddjBif Uteris p^tentibus jj)ecificat\ and there be no letters patents, yet thegriantis

good enough.

The likereafon holds indemonftrations
lands and
places, the

ofper-

fbns that have beene declared in demonftratton

of

proper name of everyone worthicft, next are fuch appellaIS in certainty tions as are fixed to hisperfbn, or at leaft of con-

tinuance, as fonneof fuch a man, wifeoffucha hu$band 5 or addition oi office, as Cierke of fuch

a Court, &c. and the third are a(3:ions or accidents, which found no way in appellation orname, but onely in cireumftance^ which are kfieworrhyj al. though they may have a po6re par ticaUr reference to the intention of th^ grant.

And
f^io

therefore if an obligation be
hjcrediG. S*
-^

made ro
is

I.

S.

^

where indeed he

a baft-ard^.

yet this obligation is good.

So if I gfafit me erudivit In

land Epifapo
pueritia
,

nmc
a

Londhenfi

gift

this is

good

grant,

O

2

although

andof circum(i:ance. foch a Saints day or Have. (hall I attend. thereforeif I bind myfelfe to doe fbme perfonall attendance upon you. To day. bur all isofd^fcription. S. S. yet . But the day that I was borne. fiiu (^ hdredi G. But 9 cffaverfrj if I grant land to I. my box of Ivory lying in my ftudyiealed up with my (ealeof armcs. There re(teth two quefiions of difficulty. the day that I was married ^ thefe are but circumftances and ad. upon Innocents day being the day of your birth. S. and not to the Biihop of Canterbury. As. and you were noc And borne that day . The fame rule holdeth of denomination of times. my fuic of Arras with the ftory of the Nativity and Paffion ^ of fuch things there can be no name. and it be tme that hee is (bnne and heire unta G. that preci(e truth of all recited circumftances is not required. yet upon this rule fir(t. of Iuch things whereof men t^e not (b much note as that they (hall feile of this diftindionofname and addition. but his name is Thomas.(12) althiugh he never inftruded me. which are fuch a day of t he Moneth iuch a day ofthe weeke. CO morrow thefe are names oftimes. thia is a voyd grant. But . • dition of times. yet ihall it be good (as was (aid) to the Bifhopof London. Or if in the former grant it was theBifliop of Canrerbary who taught me in my childhood. and ofthe(e I hold the law to be.

that is quite out of this rule. that if you can reconcile all the words. or two are true and one falfe. ASyprjta mea )uxU C9mmttnemfijfim in D. of fuch things as doe admit the di(linftion of name and addition. which hath place onely where there is adiredt contrariety. and I hcive land in D. vantdicpur ^^ As if I grant ati my land of I. alwayes videiiyersa. the other faire. in pr^diB' Indent Iptcifieat" whereof one is true and tertie . neither is the placing of the filfitie or Verity fir ft or lafl maceriall. Secondly. intenur. So ad curiam quam tenebat die Mercurii die Mart it. and although the arras had the ftory of the nativity. but the notes fall out to be of equall dignity all of name or addition. C. orfalfitynot to be reconciled to this rule. two are falfe. but allmuftbetrue. which I purchafed fpecified in a devife to L D. and there is certainty (ufficient. (yc. for the law dorh not expetlraprecire de(cription of fuch things as have no cet tain^* denotnination.(P3) But HI fnchthiflgs €^4 multhuiine ftijierttm coUiptur idcttfitM'vera^ therefore though ray box were fealed. iff had no other box.rl. and makenofalfity. fiinerum. and not of the paffion. norno other fuit. in D. holdeth not. . N. whereof in part O 3 of them ^5?. tcnementum meumf» renufJ G^ilielmi quodperqusjivideK. whereof the one is true. the gifts are good. underftood. orefe the grant is void.or. S. whereofthe one is In the(e cafes the former rule ex multitudint true jthe other fal(e.

. all my land in D.it)ri-. for there er^ and no wordsof falfity or ror. butlluve oth^r lands in D.(^ I\nr -•V4U-. but oflimitation and reftraint^ ^r. wherein forae of them failcj this them all grant will not pafie thefe are references.- FI^IS.Cm) thefe circumft^ces are true.

THEO VSE F THE LAWProvided for Prefer vation OF. By theLordVerulam VifcountofS. 1^35. Printed by the Afligncs of 1 HN Moore Efquire. Athens Uc LONDON. €»m Frhileiio. According to the Pradice O F rLawes Jhe}^ and fCuflomes ^ ofthis Land. OwxlQoods^znd \(^ood 3\(ames. .

.:.. / li^ ^^ r^ n . / .^.Cf ..rs u...K.^x * :i' \ ^.. '^oZiiiio:^^.. ^v-:\^^r^1'^^<' r ..j: . J :\n:..k^ ii- ^ 'V'' O ^..

Confiablefor every Twohi^hConftablesfor every Hundred^ and one petty foL 4 The Kings. 2 {J^anjlau^nery and when a fgrfeiture of goods. Theof^ceoftheComjiable. and whenmr^ fol. Folio* iHat the Vfe of the Law principal/y cdnfijleth in^ I FqL * Surety to keepe the Feace^ fol. Shcrijfts Tourne injiitutedupon the divifion ofEngland into Counties :th€ charge ofihis Court vpas committed to the Earle ofthefmie County^ into Subdivif\on of the County Courts fol. miki of the chi(fe TunnetleftheEing^' Vilii:igey which is thefull extent ofthe rerge^ f&Libid. 2 peh defe^ Felony hy mifchance^ Deodand. ABien ofthe cafe^for Slandar^ Battery^ ^c. foL I jippe^kofMuriLr^ivento the next of kinne^ fil. Cutting out felony.JIPV "JTH. foU ibid.^ >/WTV_ §' Jd: A Table ofthe Contents of this enfuins Treatifc. andputtingsut ofEJefy made f$L 3 fol.Bench firft infiiputed^ and in what matters they anciently had lurifdiBon^ fol. ihid. of tongues. 5 'the Ceurt of M:ir\haifeyereBed^ and its lurifdiBion within 12. ibid. P The . 6 Hundreds^ foL fbid.

and dt^lacing of lu^icesof Peaeehjuft fol. I 2 Judges of jifize came inplace of the ancient Judges in . The power ofthe vedy of Peace to fine the offenders totheCrowne^ and not to recontpence the party grie-lufiice fol. The authority ofJuftices of the Peace out of their Stpons. of Peace. The office ofthe sheri'ffe^ Huid^ed Courts to whemjirji granted foL 8 High Conftables^ Urdefthe Hundred to appoint tW9 fol. guarterSeffionsheldbythe lufl. f»L$ Canfervators of the Peace ^ and what their o^ce vaSy Cenfervators of the Peace by vert ue of their Ofjice^oL i o Juftices Of jflacing of Peace ordained in lieu of Confervator/. County Counts keptmenthly by the Sherijfe^ foL ibid. ibid. The charg^^ efthe Comty taken ftom the Earles^ and C'hmmittcii yearely to fuch perfans as it plea fed the 7he Shtrijfe is I ud^e of al/ Hundred Court met given away from the Crowne. kilitng^ burningofHoufes. ibid. foLibid.j THE TABLE. uittachmentifor furety ofthe Peace. fol. ibid. fol. ibid. Authority of the luflices ofPeace ^ through all the whom run fol. ibid. Recognizance of the Peace delivered by the Jufiicesat their Seffions^ fol. foL tbid. fol. Of what matters they enquire of in Leets dayes^ and Law foUbid. fol. County fervices to the Crovsne^ ii Beating. deligatedfrom the King to the Chancellor. ibid. ibid.

To take Nifi Prius. 1 7 the- be dijj^ofed in Religious houfeSy Thecourfethe Judges hold in their circuits in cution of their Exe- Commifion concerning the takingof fol. 4. ^ foL 2 fol. ibid. ib. Property of LandkbyJEfcl:>Gflt^ fol.!' Oyer andTer^ninery 2Go^k Delivery^ 3. 20 fhelufiicesofthe Peace and the sheriffs are to attends the Judges in their County^ foL 21 Of Propertie tf Lands to-be gained by Entry^ Land left by the Sea belongetb to the King^_ roperty of Lands by Difcem. fd. The authority ofthelujlices of Jjfizts much Itjjfencd by the Court of time. Booke avowed to clergie for thefcarcity of them to fol. 29 is P 2 J . 5 . i 4 ^ ' Eyn^ about the time ofR. The lujlices of JjTize have at this day five Com^ mifiions by nhich iheyfit^viz. ibid. Three rules of Difient^ Cujiemes of certaine places- foL 2 j fol. . 3. 1 /i bL E. 5 2^ foL tj^ Every Heir e having Land bound by the binding ABs ofhU Ancefiors^ ifhe-be named^ fol. Nifi Prius.THE. Common Pleas ^ ereBed in H. i England divided into meninthe Lawci aligned by [i:>^ Circuits^ the ard tvpo leamtd Kings CQmmijnan terxde twice ayeare through thfeShireSy allotted to for the tryall of private titles to Lands and goods^ and all Treafom and Felonies^ that circuit foL 14 which the County Courts meddle not in^ ludgesixt Eyre tranjlatedby ParThe Authority ofthe Uament to lujtices ef ^fiz>e^ fd. To take ^fizes. Of the Peace^ foL ibid. fil. ibid.

The Infiitutim of soccage in Capte^ and that it is now turned into monyes rems. ii fsL |o a tenure de perfbna Regis. ibid. He that \iUefh himfelfe ferfeiteth but his Chattels^ foLib. ib. mth the ufe of it. what Attainders Trayerofclergie^ fhali give the Bfcheat to the Lord. Homage J and Fealty y Knights firvice in Ca^ite. In Efchent twe thinj^s are tibe ohfervei^ C9 ncerning the tenure ofL andi. Knights fervice Tenure referved to common perfons^ foL ibid. The refervatiins in Knights fervtce tenure^ arefoure. fol. fol. ibid. Property ofLands by Conveyance is^ firfi difiributedimo Efiates. 3 4 O^ce of Alienation^ fd. ibid. foL^i . 3 5 How Manners were atfirfi created. 7 fel. ^ M35 Vetty/er'jtanty^ Grandfer'jeanty. exceptfor fol.38 fol.ibid. fit* 3 fiL ibid.^ filjbid.THE TABLE. fol. /b/. Lunds emayledyEfcheatto the King fer Treafon^fol. Ancient Demeafne^ vphat^ fol. ^9 Hee thatjlandeth mute Treafon^ forftiteth no Lands. fol. for Teares^for iif^. 40 A perfon Attainted may pm chafe. 34 fel. a forfeiture ofgoods. 5 6 foL 3 Soccage Tenure referved by the Lord^ ViUengge or Tenure by Ceppie of Court KoU^ Court Baron. but it fhaU be to the Kings ufe. In tajle^and Fee^Jimple M43 Leafe . Flyingfor Felony .

by what mfanes they are forfeitable J ejlate for life foL ibid. 51 fol. foL 44. i P 3 pay . By shipwrack ^ 7. 3. Rent Servants wages ^6. fol. ibid. By Executorjhipjol. By Fo>ftiturej 8. fol. i. the Executor may 5.ib. By Straying^ 6. 1. At Executor may refufe the Executorfhip before the fol. 5^ By Gift 3 2. what Livery ofSeiJin is^ and how it if requifite to every Ofthe new Device caffed a Per^etuity^ which ifanEn" tayk with an addition^ The inconveniences ofthefe Perpetuities TheUfl and^reatefi efiate in land is Fee-fimple^ The difference betwcene a Remainder And a Reverfion^ U4jat a Fineu^ fol. 61 By Letters bfAdmini^ration^ fol. ib. Bijhop^ if he have not intermedled with the Goods^ 69 jin Executor oufrht to pay. BySale^ 3 By Stea* ling^^. 5 A cenvcywcetoflandfeifedtoaVfe^ Ofthe continuance of Lmd by WiU^ Property in Coeds. Deb ts by Bonds and Biksfealed^ 4. fd. Head-workmen^ 7 Shop'booke^ and ContraBs by wordy fol. 5 I 47 48 fol. 6p Debts due in equals degree of Record. Recogn • unpayed.^^ fol. . 6 8 inhere the Inteflate had Bona notabilia in divers Diocejfefy then the Archbifhop of that to Province where hee dyed is commit Admimfiration^ fol. 5. 5 fol.BjfFyving. 4^ fol. and not to the Leafe for year es g9t to the Executors Leafej.^ ^ THE Heyres^ TABLE. ludgements^ 2. Stat. Whjt Recoveries are^ fVhataVfeif^ fol.

An Executor way pay which Legacie the Executors doe wMt^ they Or if pay Debts^ when aWiUil made and no nifiration is to bo may fell any Legacie to fol yi Executor named. hee willfirfl.THE TABLE. foUbido THE . 70 Lefacie. f^^ which fifthem heepleafe before fm be commenced^ But it if otberwife with Adminifiratoriy fal. foL 71 Legacies are to te payed before debts by Shop'b^oh^Bih Property by unfealed^ or ContraSs by wordy foL ibid. Admi- cfimmited Cum teftamenco anaexo.

thathee ftandeth in feare of his life. For prefervation of their good Namei fi-om ftiame and infamy.Battery. the Law glveth thereupon an aa:ionof &c. a^^. ^ life of the Law confifteth prin- cipally in thcfe three things To To iecure Mens perfons from Death and Violence."^^^^^^^ Ifany man Beat. that ofperfbns.: ^4 VSEOFTHE LAW. wound or maime another. ^yfnd wherein ^^J^^HE ffi (" I THE it principally cenjijieth. Credit. or give falfe fcandalous words that may touch his der. surety tokcepe the Peace. FOr Qfety (landing in the Law provideth may feare of another. 2 diff ofe the property of their Goods 3 and Lands. M^ the . and the Tnfticc(Lall compcll the other to be bound with Sureties to keepe the Peace. any man take his Oath before a Juftice of Peace.

. Appcnicof Murthcr given dammageor danger. for theflander of his good name • and an Aftion of Battery. for which the Offender muft forfeiture o» ^S j . or calling a Stone over an houfe. and when a is Man-fliughter. muft h e lofe his goods.(O the Ca(e. • Andifamau kiilanother in his owne defence. this Man-flaughter. the Law givcth an appcalc to the wife of the dead. And if a man kill himfelfe. nor his Lands. or inhis owne Houfe. kill another with malice. but he mnfl lofe his Goods. except the party fiainc did firft allault him. but no Lands. he is to fuifer Death. but no lands. by which recompence (hall be recovered./->i "X^? cxcept hc cau read ^ and ifhe can read. If any man dant convicted his by which appealc the DefenDeath. rob. nothing. IfOne kill another upon a fuddaine quarrel I. ifhee default of a Wife. he (hall not lofe his Life. this is IdFe of his goods and . or the like. ^^^ Goods and ^^ ^'^' Th^ce ^^^ ^'^^ another by misfortune. and talofcall Lands and Goods ^ But if the Wife or Heire is tofiifFer will not fue or be compounded withall. or trouble him by the High-way fide. as fhooting an Arrow at a Butt or Marke. to the value of the hurt. and to lofe his lands and goods. yet the to punifh the offence by Indiftment or Prefenrment of a lawfull inquelt and tryall of the Offenders before competent Judges ^ whereupon King is being found guilty. all his Chattels are forfeited. yet Goods^and when nor. and then he (hall lofe Felon. or an appcale of Maime. de fc. to kill.

or any other thing doe kill a man.were. . nor life. as goods are of thofe tharkillthcmfelves. the Horfe. or was truly infor- med by others. or by their owne confeffion.: (3) and Chattels. is Felony ^ for which the offender is to (uffer Death. Bcaft or other thing is forfeited to the Crowne. and is called a Dtodand^ and ufually granted and allowed by the King to the Bifnop Almner.toarreft the parties that he had feene breaking the Peace. Dcodand. that Q. "The Office of the Conftable was. THe ancient Lawes of England bytheConquerour. or a Bealt. but not of his lands. his out cutting out of Tongues and Ey"«"iadc**^ Felony. Confervateres }'• The office of '^' Conftabic. be Officers of two fbrrs in all the planted here that there fhould parts of this Realme to preferve the Peace I. or putting Eyes malicioufly. CondahuUrii 7 2. or Cart. If a Horft. or in fiiry ready to breakcthe peace. The Cutting out of a mans Tongue. and lofe his lands and goods. But for that • all funijhment is for Examples fak^e it u good tofee the meanes whereby '^ Offenders are drawneto their punijhment and firflfor matter of the peace .

that they had freihly broken the peace ^ which permight imprifbn in the Stocks. Scouts. And that the Conftable was CO fend to the Kings E^xch^qaer or Chancery.H!gh Of this ia the Seilions ofthe peac€. was CO be lealed and delivered to the Conftablc to the ufe of the King. they are appointed either in the Law-day of that Precinct wherein they ferve. and there they received their oath. Hundred . Firft. except they had feene chem breaking the peace. from whence Procefie Should be awarded to levy the debt. But at this day. High Con. And they ought likewifc to raife hue and cryagainftMurtherers. or in his fons he owne hpufe. The . Petty Conftables one in cvery Village. OfEcc of Conftablc there ^^:itr^ttny v-ere High ConftaWes. they were in ancient timeall apliPetiyConP^^^f'^clbytheShcrifeofthe Shire yearely in his TYdhV""' ^^' *^ ^ Court called the Sheriffes Tourne.(4J . as his or their qoality required. and fiich like. But the Conftable conid not arj-eft any. untill they had become bounden with lurcties to keepe the peace ^ which obligation from thenceforth. if the peace were broken. and Night-walkers. and fuch asgoe Armed. and Evef^i droppers. or clfe by the high Confiable ». nor make any put in Bond upon complaint of threatning onely. Manflayers. two of every Coivftabiei. Alfojthefe Conftables fhould keepe watch about the Towne for the apprehcnfion of Rogues and Vagabonds. Thee ves and Rogues. or had come frefhly after the peace was broken.

if hee were bound. for Lands and goods. In this Capiralis lufiiciarim called to his fellowes Court the Conftables were appointed and (worne^ breakers of the peace punifhed by fine and imprifonment. then his Lord toanlwcrfor him. could not difpitch all 5 didfirft ordaine that his rifdiaionwith. publique annoyances againft the people. °^ Marfhall (hould keepe a Court. But the King feeing the Realrae grow daily Gowtof Mwmore and more populous. which i$ buteafethe Kings Bench in matters onely concer. which did King. for Controverfies arifing within the virgc Which is within xii. Ti^afons and Felonies. of Jarc but three lupciarii^ hoiden by Patent.'j'/^^^'l^"/g''^"' ningdebts. and that this one Court aed!\ndhsru. miles JJ^^ J^J^'/*' Tunndi^the Tunnell of the Court. Covenants. the parties beaten or hurt recompenced upon complaints of damages 5 All appeales of Murther. Maime.jm Rege aftgnati. and called the Kings-Bench. which men are to be named. appointing men ftudied in the Knowledge of the Lawesto execute juftice. decided 5 contempts againft the Crowne. was to take his Oath of Allegeance to the King. it incident to his Office. betwixt party and party. Robbery. At the firft^ was ercfted TheKing? ^cnch firfi in. I^LTm^^Jerl'" they anciently i^a<ij"n^«i''^j- by the Conqucrour. as fubftirutes to him in his name. lufiiciarii adpLicifa cof. of thofeof the Kings houlhold onely. In this Court every man above twelve yeares ofage. never dealing in breaches of the PeacCj or concerning thcCrowneby any. and all other matters of wrong. One of them bemg ^ the reft in number as pleafeth the King. and fuch like.(5) The SherififesTourne is a Court very ancient. Qji of the chiefcft .

the Rings of this Realme found it neceffary to have all execution of Jufticc immediately from thcmfelveSj by fuch as were . and take sheiiftcs Toumcinfticharge of the Conftables. that thofe Eailes. ^f which meeting or Court. as the King for furchereafe having divided this Kingdome into CountieSjand committing the Charge ofevery Gounde to a Lord or Earle ^ did dired. by which the King was moved to allow a lubdivi(lon of every Countie into Hundreds. and every Hundred to have a Court. : 7i^^^T subdivifionof the Countic men '^0l^ti4rnui Comitatui. infomuch. and reforme publike annoyances. divifioaof Engiandinro and take pledges of the Freemen for their Allcge^^^^5 ^^^ which purpofe the County did once evcSlrgeS^his Coartwas ry yeaie keepe a Court.(O any other pcrfons. Ciergic. At which all the County CexceptWofame councie men. Children under 12. . fioH of great Aflemblies there fell by occa- much bloud-fhedjlcarcity Sund-ed'° of Viduals. andnotaged thiswasiikeabove 6o. and the like mifchiefes ^ which are incident to the Congregations of people. or any pleas of Lands. Curia Franciplegii^ A view of the pledges of Freepieg. Mutinies. whereunto the people of every Hundred fhould be aCembled twice a yeare for furveigh of Pledges^ and ufe of that Juftice which was formerly executed in that grand Court for the Countie and the Count or Earle appointed a Baylitfe under him to keepe the hundred Court. But in the end. And the Court was called. called the Sheriffes committedco Xoume.and hveare the people to the Crowne. ) did appeare to give or renew their pledges for AlJegeatice. within their limits ihould iooke to the matter of the peace.

. u"'^^^**^^'^ the SheritFesTourne 5 that is to fay. commitced calling them ricecomitet^ and to them direded fuch ^JJf^„^ ^*-^^^ writs and precepts for executing Jufttce in thepifafedthc County. sixnan m^ay (ue foranyfumme. and there try the caufe oftheir diftrefle and by a writ c^Xkd lufiicies. as the caufe requireth. heis Judge coCrw not ^iofth is grand Courtfor the Countie. tooke tothcrafdves the Earics.( 7) (ervice. called the Countie County courc Court. to render their bodjes. were more boand than Earlcs to that •. The Hundred Courts.aiid appointing of a Sheriffeyearely in every County. So as now the Sheriffe doth all the Kings The shcrifFe is bufinefle in the Countie. Lands.Th^ office cf.^'"2patched. were moft of them granted CL3 . Hee hath another Court. Attachments to compeli ^^' ^^«"^'^men to anfwerto the Law^ and all writ^ of execution ofthe Lav/jaccO' ding to Judgements of Superiour Ccurt^for taking of Mens Goods. doth proclairaemen fued in Courts above. andalfbofall venaway from Hundred Courts not given away from the Crown. ce(re. as fell out needful! to have beene dif. This Sheriffe doth ferve the Kings writs of Pro. belonging to his office. wherein men may b?thTh "ff^ ^' fue monethly for any debt or dammages under ^ ^ "' 40 ^ and may have writs for to replevy their cattell diftrained and impounded by others. ^'^^ ^^^^"e. or • Bodies.and that was layd upon the Sherife.be they Sommon?.called an Exigent. and The charge of [^^^f^^^J^i^^ readily fubjeft to correction for their negligence urabufe and therefore. or clfe they be Gut-lawed. and that is now called. committing to the Sheritfe Cnftodium Comitutui 5 by which the EarJes were fpared oftheir toyles and labours. and in this Court the Sheriffe by a writ.

and to ule there Juftice appertaining to a Law-day.Bakers. Conies. Vi6tuallers. and Tradefinen with under weights or meafures. of what matters repaire or amend them. a petty Conftable with a Tithiog-man to attend in his ab(ence. Batchers. They may puthofe that doe ftop. There have beene by ufe and Statute Law (befides (urveying of the Pledges of Freemen.keepers. and to be at his commandement when he is prefcnt in all fer vices of his office for his affiftancc. or deftroy frey they en- . and fomeby ufage within Mannors of their owne liberty of keeping { Lor i ofthe Hundred to appoint two High Conftablcs. ftraiten or annoy the high wayes.Couits to whoai they were at firft grantcil. or ofall ill fortSjfelling fiifh in dcceipt of the people. or divert wa- of Fifh. and giving the oath of Allcgeance. or ufe engines Deere. as for example. Noble men. Phefants. fwornejury before them of all felonies j but they ter courfts. and making Conftables.tridges. Poulterers. orParor nets to take build Pigeon houfes ^ except he be LJcTsand Law. And alfo many men of good quality have attained by Charter. Law-daycs. 8 ) granted to Religious Men. They may alfo take prefentmcnt upon Oath ofthe xji. they may puni{h Inne. Whofoever is Lord of the Hundred Courr^is to appoint two high Conftablcs of the Hundred jand alfo is to appoint in every Village.and others of great place.) many additions of powers and authority given to the Stewards of Lccts and Law-dayes to be put in ure in their Courts . Fiftimongers. Lord of the Mannor. or doe not according to the provifi- made onenaded. or things unwhoKbmc. or -iaycs. oratexceffive prizes. or Parlbn of the Church.

and the offices of High Conftables. as they pleafc. and to good behaviour. or to misbehave m himfelfc . when they come their circuits into chat Countie. choice was made of the coafervators beft men of calling in the Countrie.men 5 howbeit. ^^''^ few in the Shire. and but of the Peace. Gonfervarors of the Peace were in ancient times Confcrvntors certaine^ which were affigned by the King to (ee ^^j^'gd byfhc the Peace maintained. to continue for terme of [5"^^^° ^fthc their lives. and Tithinv. to keepe the peace. All thofe Courts before menrioned areinutc. concerning the Sheritfes Lavvdayes and Leers. and bring him before them. They might binde any man J^t^^" cwas. and the like 5 and dealing without corruption J and the like. or at the Kings pleafiire. and exerciled as Law day.( 9) they canrior try the MaleFaftor?. and they might by Warrant fend for the party. by Recognizance CO the King with fuerties. was and fo tooke his Oath • or elie. for Souldiers. This they u(ed to doe^ when complaint ide by any. at this perty Conftables. onely they naufc by Indenture deliver over thofe prefencments of feionie to the Judges. with fbme further additions by Statute lawes. lee the o'ifpofition of any man iaclined to quarrel! and brvach of the Peace. laying charge upon them for taxation for poore. where rheConlervaror himfclfe did without oath or complaint. diredting their warrant to the Sheriffeor Conftable. that heftoodin fcare of another. Kings pieafurc For this Service. toarreftthepartv. and they were called to the Kings writ for Office by the Kings writ.

but the power of placing and difplacing Juftices of the Peace. c'oipencetTe party grieved. there are ordained Juftices of Peace.b?Us Peace. They have power to heare and determine in their Seffions. cc . Edward 3.^=JJ«Yo\ ountpoiar d'Inquicr de Felonies .of riie Xhey are appointed to keepe foure Sefli- Offenders totheCrownc. theiuft. were all without writ Conferv^ators of the Peace in all Shires of England. breaches of the farre as *. it was firft enadcd by a Statute made i. But now at this day. ^^. The Judges of either Bench in n^epmlni^er^ Barons oftheExchsquer. as hee or dCc commie him to the .(10 ) himfclfeln (bme outragious manner of force or fraud : There by his ovvne Difcrecion he might fend for fuch aicHow. ons cvery ycare . of Peace by ufe deligated from the King totlic Chancellor. Thefe ScHions are a fitting of the Juftices to ^'^P^^^h thc afFaifcs of their Commiffions. That is. and make him finde Sureties of the peace or of his good behaviour. car. Goaleifherefufed. a The power of rClgne.D/c7tf5". all . Contempts and trefpafles. which are moveable at the Kings pleafure . and Juftices in Eire and Affizes in cheir circuits. and their Authority augmented by many ftatutes made fince in every Kings fnould fee caufe a Confervators of thcPcccc by vertucof their OlJice. Maftcrofche Kolles. fo to fine the Offender to the Crowne. but not ^^ murder Felon. Confervators of the Peace are out of u(e 5 And in lieu of chem. That there fhould be Juftices of Peace by Commiffions. every Quarter one. is by ufcDeligated from the King to the Chancellor. Power of placing and dipplacing luft. and continue to this da/. affigned by the Kings Commiffions in every Cotintie. lufticcs of Peace Old ainedinljeuof Confervators.

Badand to puniQiFore- ftallers. to Autiiorityof reftore Pofleffions foreibly taken away ^to examine pcl^if Jhro^h Felons apprehended and brought before thero^ whom nm au To fee impotent poore people.QuirterSeffi. Beating. and both parries being heard. or elfe to difcharge him. and by rbe Pcacc?° K Sheriffe . gers of Come and Viftuals. or maimed fbuldi. They are both to licence and fupprefle Aiehoufcs. and alfo to appeare at '^^ ^^^'^^* the next Seffions of the Peace^ at which next Sefliens. and Beggers puniQied. the whole Bench is to determine as they fee caufe.and engroffers. And cUeG-ownc! Rogues Vagabonds. or burne his houfc.jiieCoumy ^ ers provided for. are at. regrators. tended by the Conftables and BailifFcs of 'al! HunSf^^f^jje'' dreds and liberties within the County. that is done by a fpeciali Commiffion or Precept from the King. Arming them. The Juftices of Peace in their SeflTions. or kill him. Jheifsufions. and Tumults. either to continue the party fo bound.to award rccompencc to the party grieved. and then to Amchmems binde the party with fureties by Recognizance to forfuretyof the King to kecpe the peace. Through thefe in effed runne all the County fervices to the Crowne. as Taxations of Subfidies^ Muftring men. then the 0/^!:"^^ deiivciedby parties are called and thecaufe ofbiridingtothe Peace examined. Any of thefe Juftices by Oath taken by a man that he ftandeth in feare that another man will beatc him. kiiare to (end for the party by warrant of Attachment iing>buining dirededtotheSheriffeorConftable. according to the Lawes. and levying forces. They all are to luppreflTe Ryots. when every Juftice of Peace hath therein delivered all their Recognizances fo taken.

but judgeth not upon it^ oncly if he finde the fufpition but light. the caufe of the accufed is debated according to Law for his clearing or condemning. whereof fome i <5. and fo fetreth the party at large. (eemc upon pregnant matter .are feleded and fworne. all The authority of Juftices of the Peace out the acculersand witnefles. Felons. And at the AflizesorSeffions (as the cafe falleth out) hecertifieth the Recognizances taken of their Scfllons.to appeare either ac the next Affizes. They proceed in this Con. and have their charge to ferve as the grand Jury >j the party indifted is to traverfe the indi<^- ment. who being there are called. and other raalefadors of any (brtupon their firft apprehenfion. of the accufed. The SheSherifFe or his deputy. and that Juftice to whom they are brought. to fhall ferve in rifFJoth fummon 24. or elfe to confelTe it. and appearing. And hee alfo then bindeth to appeare thofe that give tcftimony and profecutethe accufation. acculers. and fo fubmit himfelfe to be fined as the Court (hall thinke meet (regard had to the off: nee) except the punifhment be certainly appointed(as often it isjby fpeciall Statutes. and heareth their peculations. and to them are brought all Traitors. examineth them. then hee taketh bond with fureties of the accufed. if it be concerning Ryot or misbehaviour. ifitbeamatterof^Treafonor Felony 5 or elfe at the quarter Se/Iions. Free-hoIderSjdifcreet men of the faid County.(n) be employed as occafion executing the precepts and direftions of the Court. and witnefles. But if the party accufed. The Juftices of Peace are many in every County. or fome other fmall offence.

which dealt only with ^*"0^n^ matters for thepublique 5 fomcf°"daTlfair frtourhingthT but not the private titles of Lands pubhciuegood. . R.alt in pnvateti.2. cdWtdlufliciarii itinerdntes^ which in the mEyrc about prime Kings after the Conqueftuntill ^.(bas the Judges may. andLaw-dayes.i. efpecially. & J^^Wch «"' Aiiv^urhS ^neiy-Crowne ii. ereded the Court of King Bench^ that not able to receive all.asit mentioned. did execute the juftice of the Realrae^they began in this (brt. examination.daycs. there were ordained theSherifes Tournes.cein Eyre^ d. and particular S«Ss. JticfgesofAffac The Judges of the Aflizesas they bee now become into the place of the ancient Jufticesin rrnc^^^nl^j'dg^^ the Eyre. goodlland'n'aii Tieafons and Felories. Counties The authority of Hundred Courts. of whonj ntZrth"*'" whole Realms being dividedinto fix Circuia.{t.and after in leller meafure even to i?. a. time.MarfhaisCourt JishmftTs^^""* xoumcs. And then the Juftice is to cercifiehis accufation. « before Law.aTd Lects.2 Circuits. nor thetryall of grand offences of Treafbns and Felonies. time ^imcofR. but all the Counties of the Realme were divided into fixe i. or the ofFendor taken with the mancFjthenthe Jnftice is to commit the party by his warrant called a Mittimus to the Gaoler of the common Gaole of the County .nor meet to draw the people all to one place. there to remaine umill the Ailizes. Kings Bench.rcadily proceed with hira as the Law requireth. when they come.(13) matter in the accafation and to the Juftice to be guiky.3. or Goods. & Recognizancetaken for the appearances and profccution oFthe witne(Ies. The King not able to dilpatch bufincfle in his owncperfon. and the offence heinous.

1 ^'to takt nlir* negative againft it. 1 1. a. CommmU pUcita mn .j.(14) En^imd divided into fix CucuitSi men in the Laws. and . or 4. fices ^^ . in which Court have beene ever fince and yet arc. debts^ bene^ <o r /r r j fies arifing . auQ contrafts. a yenre through convetiient time in every Coi!nry. were affi^ned by the ^r' r^ • cr .time. fines for aliuranceot lands and recoverics. 5. Vu-.. andtonde afli jncd by the twicc a y cafc through thofe (liires allotted to thar and two learned Gircu^ts. whkhthc Couii"^^ liotin""^ ^ They were to ftay 9. /-• • j.j oncf rSe'nvtfa C^'"^"^^' "^^^'"^. and the* place of their firciui^. Gaole delivery. fizesmuchieirened by the Court PieasXe^kedm H. and whatfoever cont roverconcerning Life. or elfe before the Juftices in Eyte. The authority tranflatcdby Par'' cSof Affize"' £'iuft!^es'S. is in part tranfkted by Ad of Parliament to Juftices o^ Affize. circiiir. and they doe u(e the (ame courfe that Juftices in Eyre did . The bufineff:? of the Juftices in Eyre. in/'irxrlX*' and Felonies. The day luiHccsof Aflizc have at this y. C4^. for their try. Commit- ons by which they I. lands or goods. which be now the Judges of Circuits. Pfockmation before-hand. and of the Jufticcs of AflJzeat this day is much lefff ncd. to the j i m • every Coiinty of that Circuit.iU private titles to of <^"d the people might attend them i ^* L place of their fitting.Af. and all the Prifoners of the faid Gaole in every Shire. and in that time all the caufes of that County were brought before them by thepar^**^s grieved. The authority of thcfe Judges in Eyre. time there was ered ed the Court for that in H of Common-pleas at Wcftminfter . diyes in every County. begun ^^^ handled the great fuits of iands. C/-?4r.of the time of thofeShucs ted to that allot- pheir • commln?. which were wont to be either in t^e Kings Bench. But the StatUtC of CjWi«^. Kings ComrBiriion tocv^ery Circuir. Oyer & Term. And two learned men well read in theLawesofthe Realme. to proclairoe rhcir comming every halfe yeare.'>.

and all maner of Felonies and mifdemeanours whatfbever. and this is the largeft Commiilion that they have. and Tudgetfifdves the Clerk of the AfTizeaflbciate : And by this and'iheciakof Commiilion they are to dcale vvich every Prifo.'^'^ ^^'*'^ner in the Gaole^ for what offence foever he bee there. This Juftice doth ccrtific thefe examinations and bonds. and bound his accufersand witnefles to appeare and profecute at the Gaole delivery. and when hee appeareth he is willed to fequdHtttf locoCertd:^ K3 prepare .o'^S" mimon the Judges or Allize are or the ^erum^ i$ the large ft C6io as without them there can be no proceeding. who before he committed him tooke his examination . miOion they have This Commiilion giveth them power to deal with TreafbnSj Murthers.^^°^ He]iverydi. Thecourfenow inufe of execution of this Commilfion of Gaole delivery jis this. and thereupon the accufer is called folemnly ipto the Court. yet the Judges of Circuits have now five Commiflions by which they fir. and the quality of his offence ^ And they cannot by this Commiilion doe any thing concerning any man. in their Circuitsi but in this Com.Oi<x snd Terminer. ry. Thatisonely to the Judges themfelves. And to proceed with him according to the Lawes of the Realme.05) CftrUm noflram^ fed teneantur in ali(ju9 which loem Certw mufl: be the Common pleas. There is noPrifoner but is committed by (bme Juftice of Peace. but thofc that are Prilbners in the Gaole. m whkhthc are of the beft account. The firll is a Commiffion of Oyer and Termi. dircfted unto themjand many others of the n^r. The fecond is a Ccmmiflion of Gaole delive.

If any Prifoner plead not guilty prefled. Freeholders to the Court. then is every roans indidment put and read to hinij and they afkc him whether hee bee guilty or rtotilf he faith guilty. The courfe now in ufe with the ludges for the ckecution of the dence upon their oathes. ingly. they fend for thofe Prifoners. and the wit- knowledge concerning the hdc^ and the Prifbner is heard at large. and yet will not put himfelfe to tryall upon the Jury. and then the Jury goe together and confult. And after a while they come in with a verdi(^ of guilty or not guil- neffes fworne. then hee is afked how he will be tryed^he anfwerethjby the Coanis commanded to returne the names of 12. The grand Jury dehver thefe Bills to the Judges in their Court. and trey.Thofe that were indiftcd by the grand . and give evi- The manet luftices of the proceedings of the of Cir- cuits in their Circuits. to (peake their which verdi(a the Judges doe record accordupon the indidment. and (6 many as they finde indorfed Bi//a vera . he and the witneffes ^ which he doth : and then the grand Jury write thereupon either BtHa vera^Si then the Prifoncr ftandeth indided^or elfc Igwramus^Si then he is not touched. perufe every onc. then the indidiment is againe read. which Freeholders be fworne to make true delivery betweene the King and the Prilbner.prepare a Bil of mdiiament againfl: the Prifbner. (or ftand mute) hee (hall bee ty. his confelTion is recorded^ if he fay not guilty. Then the SherifFe Commiflion of Gaele delivery. what defence he can make. ^ The Judges when many prifoners are in the Gaole. and goe wich ic to the grand Jury. doe in the end before they goe.

.X'?. Whether . but their bill of indictment returned with y^»^ramt^s^ by the grand Jury. This having their bookes is cal^ led their Clergy. they doe acquit by proclamation out of the Gaole ^ That one way or other they rid the Gaol ofalltheprifbnersinit. were condemned to death. religious Uoufcs.tobedifpofcdin Religious houfes. they judge to be prefled to death : (bme vvhofe offences are pilfring under twelve pence value. ckigyfonhc or for Priefls. ckime him as a Clerk. and found not guilty by the feleci: Jury. But becaufe (bme pri(bners have their bookesj and be burned in the hand and fb delivered.(17) Jury. which in ancient time began thus. and all other in the Gaole againft whom no bills at all are preferred. the Bifhop of the Diocefie might if he would. theyjudgc tobequittedjand (o deliver them out of the Gaolc. it is necefTary to (hew the reafbn thereof. And thofe that are not indided at all. or fland mute upon the indiftmenr. as their offence requircth. they judge to be whipped.rpld^n"^ there was a prerogative allowed to the Clergy. Thofe that are found guilty by both Juries they judge to death. Deacons andClerkes of parifnes. For the (carcicy of the Clergy intheRealme Book allowed to of England. and command the ShcrifFe to fee execution done. Thofe that confeffc their indiftments^they judge to death jWhipping or othcrwife. and hee was to fee him tryed in the face of the that if any to be Court. man that cculd reade as a Clerk. Thofe that refufe tryali by the Country.

theliidges are appointed to and laftly.cutting. then the Bifhop was to have him delivered over unto him to difpofe of in (bme places of the Clergy. and Co difcharge them without delivering them tothe Bifhop. readc. Bv the Stat of rg. Robbery.larized by the Statutes to the Judges.^j.and Commiffion that the Judges of Gir^">^^ ^*^^' ^^' * Commiffion directed to themedin ttTnnr& fclves ouely and the Clerk of Aflize to take Aftod. But if either the Bifhop would not demand him : or that the Prifoner could not reade^ then was to bee put to death.fchargethe ^^^^ ^^ ^^'^^^ ^^^^ ^^^ Called JufticCS of Affize. Purfe.ftealing. the book was prepared and brought by the Bifhop 5 and the Judge was CO turne to fome place as hce fhould thinke meere.and divers other felonies particu- wjybymanySta. as he fhould think meete. and if the prifoner could reade. 3. Bt^t by many Statutcs made fincc. Concerning the allowing ofthe Clergy to the pri- ^°^ ^^^^ Clergy was allowable in the ancient . A. Robbery. J. Eliz. being not fuch ofFendors from whom ° • /^i « ^ Clergy IS taken away by any Statute. howbeit the Bifhop appoiuteth the deputy to attend the Judges with a booke to try whether they could ' ' 1 • 1 j rcadeomot. ti^es and Law. j. £hverm-Them"' and the office of thofe Juftices is to doe right upto the BiSiop. • allow ciergy.thc Judgesthem. i8."^ on third ' The . and in divers o- by aStatute made ttuLdSfr Ycraii Statutes. Horfcfteaiing. felvcs ate appointed to allow Clergy to fuch as (. Horfe. the Clergy is taken away for bin"oTicks* "' and^now taken M"''^^^^' Burglary.(i9) Whether he could reade or not. cxcept Ttcafon aud robbing of Churches ai offences except Ckr^ allowed m their goods and omaments.Piirfe-cuttmg. and to Tee them bumed in the hand. rinTreafon.in Burglary.£//ss4^f/^. for ail offences whatfoever they wctc.

that he either tooke the goods. and the parties in theirpleadingsdo vary in a point of fad 5 As for example. the defendant denieth that he fpake them. Of which number of Writs there was far greater (lore brought before ihcm in ancient times then now. and for that purpofe the Judges S upon which deniall . or in any afti- onoftrefpalTc growne for taking away goods. for that. when a fuit is begun °^ *^ . mens (cizons and pofleffions are called fboncr recovered by feaiing Leafes upon the ground. the for any Kings Bench. 8cc. and trying their title fo. and by bringing an E]c^me firme. by which to tvvo ludgcs and they are called JuAices of Ntp fi Priu4 happen in roacrer in this Fnm. The fourth Comroiffion. which iflucof thefad is to be tryed by a Jury of twelre men of the County where it is fuppofed by the Plaintiffe to be done. if in an adion^of debt upon obligation the defendant denies the obligation to be his debt. Thcfe m^ forr. that ilTueiis joyned betwixt them. the defendant denieth that he tooke them.f^^^^^*= Nifi Piius. or the Exchequer here above. or in an adion of the Cafe for flanderous words. one of the three Courts. Then the Plaintiffe is to maintaine and prove that the obligation is the defendants deed. Common Pleas.rti L t-TJ rake Nififrim direaed to none but to the Judges & this is dircaed themfclves and their Clerks of Affizes. or fpake the vv'ords 5 and affirmation the Law faith.«n Writs (19) Affizcs^brougbtbcroTcthemby ftich as are wrongfully thruft out of their Lands. is a Commiffion to J'f^"'^?^"" to tajtc iNin rrius i. then by the long fuites of Allizes.

or partiall dealing. commanding him to caufe fourc and twenty dilcreet Freeholders of his County ac a certaine day to try this iffuc fb joyncd . and ' . becauft fonie may make default. and to take thc vcrdi<S of the Jury.maudinghim to difttaiiie them by their Land* at a cerraine day appointed by the ^'T°/cri^s ^Q^PP^^re ^^^^ which IS the ncxt termc ift^T^Nifiprtm luThe coarfcthc Jliciarit Ttojlrt ad Afiztts capieaddd venerint^ ^f . and thereto heare the Witnefles and proofes on both fides concerning the idue of fa^. Thcmanncrof proceeding of lu.(to) facttu in the Jaigts of the Camt doe award a Writ of Fenire Kings name to the SherifFe of that Connty. The(e foure and twenty the Sheriffe doth name and certific to the Court. and upon their default there is another Writ ^ * rctumed to the Sheriffe. and ^^ Judgcs oF thc Circuif of that County in that tbeirCoramiflbn «oncermngthet.v vjcatiou and mcaue time before the day of apfenoaiNifiprius pearancc appointed for the Jory above^ hereby their Com mi (Son of Nifi ^rimh^ve authority to rake the appearance of the Jury in the County before them. com. alliance. and fome be challenged upon kindred. they very feldome or never appeare upon the firft Writ.of liwigcs bold in then Gircuitsin which woids thc Writ is Called a Nifi frtHs.* """S^s. and witball thac he hath warned them to come at the day according to their Writ. out of whichfouteandtwenryj onely twelve are chofen to ferve. And that double number is returned. againft" . But becaufe at his firft fummons there fallethno puniftiment upon the foure % and twenty if they come not.

istoattcndinperfon. and cbe Juries do at this day in luch caules come to the Barre at Wefiminfler. asoccafion fhail fallout : if Thduftkcsof ** any make default.and for fuch damages and cofts as the Jury doe alTeflc. or by a S2 fufficicnt deputy allowed . By chofe tryalls called ^//7/»r/«^. appeare and try their caufes in thofe Courts 3 for thole Courts above have little leifure now 3 though the Juries come not up. is the Commiffion of the 'h^pe^. if all the Juries for tryalJs fhould Poftca. CO rcturne the verdid read in the Courcaw bovc. Alfo tcnTthc Lidg«$*ia their theSheriffe in every Shire through the Circuit. upon information to them.^®°" Peace in every County of their Circuit. And upon this verdidi clearing the matter in fadtjOne way or other. the Judges above give judgement for the party for whom the verdift is found. The fifth Commiilion that the Judges in rfieir Circuits doe C\t ?• Commiflion « "^^ by. are bound to be prelent at the Affizes to attend the Judges. the Judges above.the Juries and the parties are eafed much of the charge they lliould be put to. which retnrne is called a Ptflea. by comming to London with their evidences and vvitnefles. doe retaine thole caufes to be tryed there. the Judges may fet a fine up^i^^*"*^ c'jf oa him at their plealure and difcretions. yet in matter? of great weight or where the title is intricate or difficult. Cointy. and the Courts of Weftminftcr are eafed of much trouble they againft the fliOuId have. And all the Juftices of the Peace having no lawfull impediment.(a I) day they (hould hare appeared a« bove.

9^feriy .and thr Judges may fine him if he faile. all tfiat time they bee within the County . or for negligence or mifbr haviour in his Office before them 5 and the Judges abore may alio fine the Sheriffe for not returning or not fufficicnt returning of writs before thcna.aHcmed by the Jndgcs.

operty bv Entry is. . * a piece of Land that where a man findeth of property of no other potfeiTerh or J'/J^''^^.^ ff as the Conqucrour found them.^' "^ '=''''*^ ^ bath title unto. and the lands in Kent. where no man had it before. and appropriated unto him 5 except Keligious appropiuied to and Church-lands. r» .canat this day make any greater title then ofthcmcnof from the Conqueft to any lands in England^ and Kent.(33) Property in lands^ one 1 to is^tenand transferred hy anower. By Entry. fo that no man him/cxccpu. Churches. Ten a deditfiHis htminttm^ which is to be underftood. by thejefoure mancr of 'H^ayes. S9. But this maner of gaining Lands was in the firft dayes. • • 1 Lands poflefled without any fuch title. bm the BiOiopricks. I f>R. J:^ndvTcrcthe of this Nation was in the Conqaerours 1* ^ Conquerours and . all the land Ailhmisin Eng. hands. for that by the conqueft. and fo make it yeeld fruic5 andthatishethatentreth intoit. 4 Moftufually by Conveyance. and he that (bfindcih it doth enter. "y^j^h. are in the as it is Crowne. this Entry paineth a Property ^ this Law feemeth to be derived from this text.'. lands.Rc. L jrfw/. seTitbnoaito the Kmg. and the men of j'§'-^^2.and net in him that firft cntreth. 2 ByDifcenr* 3 ByEfcheac..^c'ju ch the lands . . ""^* .'' by land left by the Sca. to thofe that will till and manure it.and is not now of u(e in England.this land belongeih to the I^iog .'. which him upon the by compofition were left to the former owners.

(o as in truth no man can treth.which 5. having Jand conveyed unto him for the life of ^. And to the heire of A.to tors him and his heirs.x\[ty cannot have it. But if he die before he affigne it over. gctteth the property in the land for rime of the' continuance of the eftate which was granted to A. and doc no waft. for the life of i^. diat it (hould goe to the Executors as goods and Chattels fhould. But an eftatefor another mans life by out-Lawes. die. and entitle hirofelf unto thofe lands^ and therefore ike Law preferreth him that irft en- he is called Occupm^ and ftiall hddic during the life of 5. As a man called A. per» forme the conditions.for its not an eftate teftamentory. As for the Execa- of A.04) King and not to him that hath the lands nextadJoyning^ which was the ancient Sea bankes: This is to beunderftood of the iaheritance of ]and5: yix. C Lifcewife . for that it is not any ftate of inheritance. but onely an eftate for another mans life 5 which is not de/^endable to the heire. And he may by deed affigne k to whom he pleafe in his life time. may at this day be gotten by entry. except he bee fpecially named in the grant: vi2. yetliveth. then it ftiall goe againetowhomfbever firft entreth and holdeth. that the inheritance cannot be gained by the firft entry.^. it cannot goe. fo of^ . And (b all the life of i. and therfirft fore the faid land cannot revert till ^. there. but muft pay the rent.«« ten as it ftiall happen.dyeth without making any eftate of it. wholbever entreth into the land after the dcceale of .

Propcrryofbn^s bydificnt. he thereby getteth the freehold and inheritance by difleifin. and is lawfull owner againft all men. and his hcires. or difleifor (fo as hath quiet pofleffion five ycares next after the difleifin) doe continue their pofleflion. and die feifed. And if fuch perfon Abator. not di/pofingof them. Property of lands by difcent is. or abatement committed. and the elder beinga baftard doth enter into the land and enjoyerh it quietly during his life. And ifitbecotfucd for at the common law within threefcore yeares after the difTeifin. the right owner hath loft his right by that negligence. and the land difcend to his heire. where a man hath lands of inheritance and dyeth. but him that hath right. And if a man hath dithe difleifbr vers children. but leaving it togoefas the law cafteth it) upon the heire. Or if any one die feilcd of lands.05) LiVewife if any man doth wrongFulIy enter into another mans pofleffion.and holdeththera from the right heire. his heirs (hall hold the land againft all the lawfull children and their ifTues. This is called a difcent of . and is called adiflTcifbr. he is called an Abator. and may hold it againft all men. they have gained the right to the pofleflion of the land againft him that hath right till he recover it by fie adion reall at the common law. but the right heire.and dyeth thereof fb feifed. and before his heire doth enter. and put the right owner of the freehold and inheritance firom it. one that hath no rightdoth enter into the Iands.

The third rule about difcents. and for lack ofunklesjaunts/if none in the neereft degree of conlanguinity. I .thcn the yongeft brother ftiould inherit the land that the Fatherhad. but as a child to his parents. then the brother. but ifhee entreth and dycth without a child. is to bee inherited 3 .asfor example. and amongft males the firft borne. and all they make but one heire to the Anceftor. and are called Parceners. either by (uch entry or con veyancc. is thcqueftion. That land purchafcd fo by the party himfelfe that dycth. 2.yet if the eldeft brother had dyed or had not entred in the life of the Father.the eldeft fbnne overliving his Father is to be preferred to the inheritance of the Father being Fee-fimple.(^<0 af liw. then couzens v^ioiucuttnrcc of difeent three then unkles. then Gfters. That no brother nor fiftcrof the halfe blood lliall inherit to his brother or fifter. For which purpofe the lawofinhcricanccpreferrechthefirlt child before allothers."^ child to his Pj ^^^ if iccomc to ff males. but the iuncleof the eldeft brother or {ifter of the whole blood. That the eldeft male ftiall folely inhcritj Brother 01 lifter '^ IK vents mhedc ^ to his brother or !l^. If there be no children. the brother ftiall not be his heire.if no brothers. of them. although it were a child by the fecond wife. and upon whom the difcent is to light. *"^ t)y either wife a fonne. and amongft children the male before the female. becaufe hee is of the halfe blood to him. then they being all in an equal] degree of neercneflc ftiall inherit altogether. before any daughter by the firft. If a man have two wives. if neither brothers nor lifters.ife?f D. with thefe three rules of divcrfities.

The cuftome of Boroughs. £^ ^ T doe "'•^' . Thofe Rules of difcent mentioned before are CobeanderftoodofFee-fimpIes. then if he have none of that part. and in many Borough Townes of England. and the cuftome alloweth the youngeft fonne to inherit. But lands defended to him _.. the cuftome o^Kent^ that every male of equall degree of Childhood. if a man binde ving [and h boM dum five himfelfe and his heires in an objigarion.by the heircs of the Fathers fide. are to goc to that fide onely from which they came. is chargeable fo farre forth as the value thereof extendeth with the binding ads ofthe anceftors from whom the inheritance defcendeth^ and thefeaiSs are collaterall cncombrances. *^*"^' ' from his father or mother. The cuftome o^Kem^ is called Ga» velkind.(^7) inherited^ firft. by the hcires ofthe Mothers fide. Brotherhood or kindred. and not of entailed lands. Burgh Eng^ lijh. fentit commodum fintire debet onus. as daughters {hall being Parceners. (ball inherit equally. and thofe ruJcs are reft rained by Ibme particular cuftomes of fbme particular places : as namely. and (b the youngeft Daughter. or ftorsifhcbe«». Cuftomes of ccr"^"'P^^*^"* - And there is another note to bee observed in Fee-fimple inheritance. bee it by common Law or by cuftome of either gavelkinde or burghEnglifti. and not to the othcr dde. As for example. or doe aajofhi^arci covenant by writing for him and his hcires. that every heire having fee-fimple land or inheritance. and the reafbn of this charge incommO' Every hdre hais. and that is.

that no heire is further to bee charged then the value of the heire is m the land defcended unto anceftor that Day w^^* him from the fame made theinftrument of charge^and that land alfo.and by way of confeffion (etdown the true quantity of his inheritance defcended^ and Co fubmit himfelfe therefore. not to bee touched. theiefle if an heire that is fued upon fuch a debt of his anceftor doe not deale clearely with the Court when he is fued that is. that the party muft by fpeciall name binde himfelfe and his heires. or warranties doc alien away the land. Thirdly. Plow d.. except the land was by fraud conveyed away of pnrpole.: (^8J doe grant an Annuity for him and his heires. and Warranty . as the Law re^uircth. then that heire that otherwife dcmean- eth . Secondly. Covenanr. if he come not in immediately. Dyer I4J. not to bee fold out-right for the & Pepps dcbt. that fome aaion lift bee brought againft: theheire whileft the land or other inheritance refteth in him unalicned away : for if the anceftor die^ and theheire.untill the & at a yearely vaNever-iii debt or damage be run out. yet with thele three cautions firfl:. or doe make a warranty of land binding him and his heires to warranty in all thefe cafes the law chargeth the heire after the death of the anceftor with this obligation. . Annuity. before an adion be brought againft him upon thofe bonds. but to be kept in extent luc. to prevent the fuit intended againft him. or covenant. grant and warrant for him fel he and his heires^ otherwife : ^ T. then the heire is cleane difcharged of the burthen. covenants.

the lands owner is a Baftard. heire bee fue d upon the in. Ifaraan bindehimfelfe and his heires in an obligation of one hundred pounds. is where the owner dyed (eifcd of the lands in pofleffion without child or other heire.becaufeit isa royall Efcheat.^ denieth that he hath any bondj&commeth lands by dlfcenr. (hall be charged of his owne lands or goods.othemirein Felony it is not fo. Upon attainder of Treafon the King is to have Attainder of crca. goods and body.although it be his owne childe. where be his IllSlof ^ he is attainted of Felony or Treafon. T-I/-L i_ « It 11 nave the Efcheat. to pay the hundred pound. and dyech leaving but ten acres of land to his heire. for there the King is not to attainder nffclo. nor a man attainted of Trea(bn. the King is to have the land for a yeare and dUm&vapm? a day next enfuing the judgement of the attain- T2 dcr .eth himfclfe.&c. although the ten acres be not worth ten pound. This lack of heire Twocaufes of happenethprincipally in two cafes: Firft. Property of lands by Efcheat. this heire (hall bee now charged by his falfe plea of his owne lands. the land. Secondly. Treafon^Fdony* it ther can a Baftard have any heire except owne childe. for this Deed of his ancertor. thereby the land if his \ Hclrc charged for ^'* ^^^^^ i'^"* Property of UnJ* ^y^^^^"^* for lack ofother heire is faid to efcheafe to the Lord of whom it is holdcn. As for example. except the land bee holden of nv. Butfor benothoidenof hn". and it is found againft him by the verdid that he hath ten acres. although he be not the Lord of whom King" hough'u^^s itisheld. Fornei. and of his money. for there I I 1 him: and yet where the land is not holden of 'hiKmgfliaii him. where Escheat.

is that. . thu^^^. . -. gardens. ^^^ •' z^Hoifeforfervicc j. heircs. tenure. beunderftocd. The reafbnwhy all land is holden of the Crowne immediately quel? got°aii the lands of the realm or by MefueLords.vvhich is called of Land. and I* 4!panrcui^s%S to have the mari. The manner of fn?n?H v. . or both J tohimand tohis 4. 2. Hute. and woods.re obfcrvcd. bSh MaieTnd'^' Female.?vT" ftjch attainder mimediatcly or chcat. thc Susom he found here . or fervices. and uot to the mediate. lands. property and liberty of Thcrefervntjons Religious and Church lands. viz. he had foure inftitutiJ^" The'' oCofJhe ons. I. mediately by ^1^^^"^ Lords. the tenure of the lands. the which drawcth with it the EC _. i..Tiie * ^ ^' "linJer! All lands are hoi- bccaufc It ditefteth the perfon to whom the EC cheat belongeth. hce reserved fbrae retribution of i. that thc Efchcat appcrtaineth to the immediate Ths Conqaerour Lord. (except ftfpikrftinftuur. with a liberty to commit all all maner of waft that yeare in houfes. fcrvatian offaviof a Conquerout. The be obfervcd^ the one two things are efpecially to is.(30) der. Conccmmg the Tenures of lands. exceeding politique and fu table to the ftate Conq. Seeing his people to be part Normam. is this. and Concerning the tenure of lands. tc/ Knishts lervice in ji»i ri_/^^ the fame.°in the re. that all lands are holden of the Crowne either mediately or immediately .Mariage ohhc Wards nTaic and rcnts. ponds. ^ ^^^ Conqucrour got by right of Conqueft all 'aJ\°e^"av''e h he ftiiirefervcd rents the land of the Rcalme into hisowne hands in and Cervices. ^^'^'^^ refervation. tTe I" ^hefe Efchcats. taking from every man all cftate. and the land in in Knights favice ^j ftill as hce gavc any of it ouc ofhis *•• • C5 tenure was owue hand. it is to .part Saxons^ the NormATis he brought with him. the Lord of the Manner of whom the land is holden.Homagc&fcahy thc tenurc which rerervation. dcmeafhe. hee bent himfelfc to COnjOyUC .

a Male within 2 1.to age. with the overplu8.ee ^^^^^^^ jj^g^f^^ ^^ich inteteft of Interelt of mari- !• • • •/•ir m •• mariage went ftill imployedj and doth at this day in every tenure called Knights fervicc. apparell. to the end that his people Rcfcrvationthat fliouId ftill be conferved in warlike exercifes and i'j^^ 'cnam (houW able for his defence^ w hen therefore he gave any fcmcc. Knights. King went to wars. and finding a horfe and a man. drinke. or el/e having impediment to excufe his owne perfbn. fhould finde another to ferve in his place^ which fervice of horfe and fer- man. that if thofe of his nobles. of fuch fuch a family.(30 conjoync them by mariages in amity. and a female within 14. yeares. and Gentleman. and ferve upon him himfelfe when the "'^ fovicc. and other neceffaries. to whom hee gave great rewards of lands (hou!d die. fhould keep a horfc of fervice continually. then the King fliould have the beftowinc. and unmaried."p°" ^'"^ him^ ly of abilities or ftrength. leaving their heire withi. fecond was. that might make the par. ferve in the warres as the tenant himfelfe fhould doe if he were at fall T3 Buc . is a part of that tenure called Knights vice at this day. hee withall refervcd Kmfmmt' this fervicCjThat that party The andhisheires having warf. finding him meat.n age. "eires in manage cd in eveiy tenure and to fuch perfons as hee fhould byKnightsfcrv. But if the tenant himfelfe bee an infant. the King is to hold this land himfelfe untill he come to full age. and for that purpofe ordaines. agegocthimpioy. a°n7fove good portion of lands.whichisa ^^il""/^^^^^"^"^^ ^^ fuchlands.

132) that cannot fervc deicend upon a woman fex. thofe of his Tenants that ^' prby eve'r ' 7 t"* heue upon the m uor. foi. "5^- to bec done fcaeeling.„"1^ led Hom*ge. becanfe (he is then able to have an hufband. and then to ftore re- mem is called Efcuage.^ ^^ ^^. Fealty is to take an oath upon a book.waslikewifedue o^^„„:^^„ 't ""to the King from histeWaS that for ReCOgniZOn of „3„. man of life and limbe.J thofe KuightS fctVlCe lads. that his t6^^"'o'"-' oitomnirj • t/* r a « nants by Knights K-lHg teierved aVOVV 8c an oath hisddeftDaaohtcr.• L /I. . . s.* French tongue^ I become your %ide n." '^l?^' anotiiet Nation.S:'^i.c him oach of his which was * niagc t_ i called Fealty.wh. 3.4. yeares of gge. ^ Tnftitutionwas 4. that vcwwascal.'(he oath FedtJ. for fervice./r„. and doe his fervice.ch aiTefle.is fei vice vow umo cfet^c'r and mnkc taith umo to binde the party to his faith \^^'^f ^"<^ '^ ^'^ »nd loyalty. Homage. faying in the ^^'^""'^ ^'^^^"^ ^®is holdmg nlS j* i. profit of the weretobeairelfcdinacer^^^ ^^^. by Knights fervice : theKiugS bounty by every whenhisMajeftymadca heirc fucceediug his anceftor ^"^Y ^^x^'. then the King is not to have the lands. and pay his rents according to his tenure. ^^\ ^H t^^'JZ '-5 lo. the Rmg it the King (hould have Frtmtr : ^c^U^U^A^ .^O. i\cc being of 14. of the land.82.«u:^U is the lands. and of earthly honour. tK-.jj ^j^... which f not attend him there for 4o. that hee will bee a faithful! Tenant to the King.^rour upQ^ eVCty gift of land the t.daycs with hoi fe fc f. M^ of ^^^ yCarCS ^ „. if this inheritance But by her that 5. /r ir is to have polTeflion his Majcfty. that ^yde money to make theConq.^ tamfummcby ad ofParliament. S''»»"ft . I.Inftitution was forRecognaon oftheKmgs Thc foUtth luftitUtion .Inftuutionof may doe the fervice in perfon.. 1 r IT. to beepaidunto ..e^fi. The third InftitUtlOn .Kmglits fcrvict.^l^'^'ofco^'r was.wnicniiionc tfwhici'irone" y"^«Pf called the lands fi^of Fnmerjc^p. at this to the heire 5 which continueth day . ana nomcvety u j l fiands bCtWecn the Tenant in Soccage if kneesof the Lord. Ercuagc.

wei-eto age of every heiif. « .//^. Horfes.but fuch things as the tenants ther to do. Ha wkes.whichwas full Knights fcrvice generally was a great fafcty to Crownejroalfbthe Conqaerourindiruted other tenures in Capite neceHary to his eftate 5 ofthdandlfb as namely. a1id is the very caufe of /uing Livery. becaufe ihcy required no perfonall fer¥ice. and chat as wd\ where the heire hath beene in Ward as othervvife. the fervice of Ploughing monies rents. how. Parkes pales. -A\(o he provided upon the firft gift of p«r ier^eaaty7* lands. the that as this tenure in 0/. Thefe before mentioned be the as rights of the is Knights fcrvice in tenure. by Socc^ge » in Capite. called Knights fervice in C4.^^^ ^^^^ 'V^ now turned into !_• vj r rVi belt in this latter time. the 1 /« harveft . Hour./f<? by serjcamy. or provide for his may hire anothis Theintiitutionof money. Caftles and the yearely proviiion And fbmerimstaa ot Gloves. to have revenews by continuall fervice of Ploughing his land. he gave divers lands to beitoldenot hdd. and thefe hee called tenures by Graf?^ Serjeanty. And focc^ge m Cipite. which "^^^l^^a"^^' much to fay. uHraRefrif ^ him by fomefpeciall fervice about his per^fjOjor by bearing ComQ fpeciall office in his hou/ejor in the-field.(33) day in ufe. the land is turned into money rent. .d?^ and the like^ which kindc of refervations are called alio tenures in chiefeor in Capite of the King. and fbof tenure . is called a tenure 1 . And it is al/b Tenants by grand to bee noted. like. which have Knights (ervice and mcff^ In them. as tenure defcrjona Rfgu^ 8c C4- fut being the chiefeft part of the perfon.if 15 called a tenure in Capite^ or in chiefe. repairing his houfcs. but they are not by Knights fervice. word Soca^ium fignifyingthePiouph. Spurres.

There is an office called the office of jUiemtiOffice of aiiena. Enable rate.at the third pare of one years Aiicenceofaiiethird value of the land moderately rated. A Tenant in nation is the LbclSnd" ^^P'^y Knights fervice or grand Serjeanty. that he (hould not give nor alien away more of his lands. the King is to have a Fine for thecontempt. orty where any man may have a licence at a reacioii. this licence and fine as it is now dit gefted is eafie and of courle. for that the Kings doe not keep their Demeafte in their owne hands as they vrere wont to doe. fo that no man fliould prefume to enter into thofe lands and hold them (for which the King was to have thofe (peciall fervices done him) without the Kings leave.and may feize the land. have many immunities and priviledges at this day. and retaine it untill the fine bee paid. was moderately rated.(34) Harveft workes.that is. And the reafon is. as Thefe tenures in Caplte^^s well that by Ssceage^ the others by Knights ferviee. yet what lands were De anti^ qtt9 D$mimo C9ron<s^ it well appeareth in the Records of the Exchequer called the booke of Doomefday And the Tenants by ancient De. the particulars whereofarc too long to let downe. that in ancient times were granted untothofe tenants by the Crowne. refttaincd by ancicHt Statute. mefne. perty^ And . becaufe the King would have a liberty in the choice of his tenant. have this pro: tfc»t the tenants cannot alien their lands without licence of the King if he doe. then that with the reft he might be able to doe the (ervicc due to the Kingj and this is now out of ufe.

and they are to (ue iivery. that all thofe that hold eSl?n:^c'a^' o^ lands by the tenure of Soccage in C4. the Great 1 • i cage m f^ v^y Pnmci. Knight^oTc li. at HiTaea'^"^^^^ J^. or more or lefle. or (as the old word is) his Manlion houfe. adding vow of Homage.>r(al though not by Knights fervice) cannot alien without cence. and rdietc.s po'^ r n.thc ^^^^'^ Mannor. and not to be Ward ^^.^""°" imSiToflhl policy of the Sn^f'^ntt a mame.and pay Primer (eifin.J-^^ -^^ Capue^had to And it is to be noted. pound for cvciy Knigks V ^Ki^'htlfcr'dcfcended. Aid a fummcof was incident that the King Qiould have a certain fumma of money. Knights feivke ^^""^^ rcfencd to '°''™°" ^'^""^ Rejiefeisfive pound to be paid by every tenant by Knights fervice to his . "°« ted.And to this tenureby Knighfs fervicc in chief. to one of his mofV trufty fervants. loo."^airyhueidGft Teflon ts by soc Cap. he would give of the uttermofV parts of tho(e two thoufand Acres. ro make his t\d^{i Ton a Knight. with fome re(ervation of rent to finde a horfe for the Warres. men and Gentlemen of this Realme ^^^ ^o^^y o^ land.butofiusMiaiior.leifxn. muft By licy V ' m but not to be in Ward for body or land.^'^^^x m did the like fo ncere as they could^ as for example. and goe with him when he went with the King to the Warres. and the . • Lord upon his entrance re- ofiheLord. example and refemblance of the King. Fee . Acres.' c-r >s theie inftitutions of Tenures.had given to any of them two thousand Acres oflandjthis party purpofing in this place to make his dwelling. or to marry his t\dt{i Danghtcr. Ward^ r Knights fcrvice tenure created />• \>r j i» r by the Lord is not a tenure by miPsMariage. called Atd-^ due to be ratably levied amongftall thofe Tenants proportionably to his lands. as he (hould think meet. Oath of Fealty.?. when the K. Knights fervice of the pcrfon This rcHefe is tO pay five .or 200. KnTiht^f^. and for that purpofe. or his Mannor houfe^ did devife how hee might make his land a compleat habitation to fupply him with all manerof neceflaries. ^yed^^'^'^f^^^^^^^ thepropomon of ^i^c^a"^?.

Atn the Lords yeai cs icnc and no pay reliefc. But it was. fhould bee ploughed. which was not as lof fhejt T. and his harveft brought home. to the Lord.. thirty. and not by his owne perlbn. death of every Tenant were to due v. or to repaire the Houfe. which he ufcd to manure by his bondmen. or to give hira forhisprovifion Capons.: howbeit moft of the ploughing and harveft fer-r viees. Gilliflowcrs.enamsjVJ. vide that the land which he was to keepc for his owne ufe. or after the rate for more or leffe at the entrance of every bcire 5 which tenant fo created and placcd^was and is to this day called a tenant by Knights fervice.one yeares dying of ihcTcrent of the land^and nowardlhip or other profit. and appointed them at' the age monyis lifecwife . and for that end he would give forae lefler parcels to (undy others. forty or fifty Acres^ re ferving the fervice of Ploughing a certaine quantity. Spurres. or the like^ or to pay him a certaine rent. fand Acres he kept to himfelfe. or (b many dayes of his landjand certaine harveft workesor dayes in the harveft to labour. his Park palled.(30 Fee. w. his houfe repaired.*r-n The Tenants in Soccage at the Rcliefeofteannt inSoccage. Commin. and the like . of twenty. ' U^ • . or otherwi(e.! which tenure was called a (bccage tenure.'tdfhip oiGcher Knights fervice is.and is 16 to this day.one Aia mony and Efcu.Rofes. Parke pale. and to bee fwornc to be his faithfull tenant.are turned into money rents. The remainder of the two thou-. Hens. butofhisMannors J of thefe he might make as many as he would. five pound a pi'oficupon the Knights fee. Pepper. and fb is ftiil. Gloves. Then this Lord would pro- Soaage tenure fcrvcd by the le- Lord.

and are fo priviledged. value.which is called a Court Baron. one. harriots. and all through Cuflome.or three facccffwefy 3 and fbme inheritances from i heire toheire by cuftome. and the Freeholders are to judgeof the caufe upon proofe produced upon both fides. but having obtained freedome of their perfonSj and gained a cuftome by ufe of occupying their lands. yet ftill in the Lords power to take it away : and therefore the Courts of his they were called tenants at will. and cuftome ruleth thefe eftates wholly. that had hapned unto him. And therefore the Freeholders ofthefcMannorSjasincidentto their 7 enures. rents.and then his Baiiil^etofeize and diftraine for thofc duties if they were deni. and herein a man may fue for any debtor treP pafle under 40. two. that the Lord cannot put them our. suittothc ofthe Lordmci- Com V2 ^^SfchX* doc . making an entry ofic into the Roll of the Remembrances of the Ads of his Court. forfeitures. fines. of all fuch duties. reafon was that the Lord of the Mannor (hould hold a Court. ed or with holden. li. both for widdowes eftates. and all other things. at a time by him to be appointed. they now are called Coppy. which is no more then to aflemble his tenants together. reliefes.". which information is - ^ ^°!."' Mannors being in this fort made at thefirft. Wardlhips. d^^^^i^ /*. in which Court. by Coppy of Court Roll' being in truth bondmen at the beginning. he was to be informed by oath of his tenants.®^'?"*i «'"h^'="f«°f*f' called a prcfentmenr. are for lives.C37) Mannor how they (hould hold it. Coppy-holds or the like.holders. ViilcnageorTe- nurebycoppyof ^°"^'^°^*' Some Coppy-hoiders.

or confcffionofthe Felony. that ic n'u^*"^" ^« by judgement of death given in Now *confef- By iSr^he Lovd fome Coort of Recotd againft the Felon found guilty by Verdift. and there to judge betwcenc part)? and party in thofe petty aftions^ and alio toinforme the Lord of duties rents and fervices unpaid to him from his tenants.wholikewife not finding him maketh the fame returne. y '^^ N and thereupon another Capi^ is awarded to the ShcrifFe. 3. commanding him to Proclaime him in his County Court five feverall Court dayes to yeeld his bodv. then a Writ called an Exigent is direfted to the SherifFe. it is to be noted. infbmuch that ProceflTe of Capf4d is therefore awarded to the Sheriffejwho not finding himjreturneth on eft inventus in Batitvdmea:.la wry growcth in this fort. fo as hcc ^^j^jj^j be brought in pcrfon to appeare and to bee tryed. ners there adjudging him Out-lawed. he is faid by the default. verdia or fion.which if theSheriffe doe. a man is indidcd for felony. and the ShcrFffe making the returne of the Proclamati- ons and of the judgement of the Coroners upon the back-fide of the Writ* This is an attainder of . which is to come to the Court. being not in hold. III out- concerning what attainders fhall giyc thcElcheat to the land. ? olj^lam ut amy. doeholdby fuitof Coort.(38. fudgTmtm. SlugJveXEfcheatio the Lord. rhall have the land by Efchear.or it rouft be by out lasvry of him. or bee attainted of felony or treafbn.to be Out-lawed. By this conrft it is difcerncd who be the Lords ofJads/uch as if the Tenants dye without heire. and the party yeeld not his body. The Out. the Coro.

A man that being purfued for Felony. • • and Debts. Lea* fes. Flying for felony a forfeiture of goodi. So a man thatkilleth himfelfe fhall notlofe his lands. So oftbofethat kill others in their ownc defence. although he be found not guilty of the Felony^ but none is attainted to lofe his lands. butoncly fuchas have Judgements of death by tryall upon his body to the Sheriffe untill after the So a man indited of Felony. Chattels. and Debts.wholo(etb not his lands. if hee VS vcrdia . and is called aClericc0nvid. Zoods. that a man found guilty of Felony by verdi(5k or confcllion. and Debts.and flycth for ft.cxccpg to have judgemcn c of Prcfiing to death. Hcrhatkilleth himfclf forfeiteth but his Chattels. except hiioffence. and fo burnt in the hand and di (charged. 1 So a man indifted that will not anfwef not Hcthatftandeth tryall. Chattels. y et hce for Trcafon. this ny forfeiteth his man doth forfeit all his goods for his long ftay. and found not guilty of the Faa. is not attainted. but all his goods. Prayer of CUrgy. doth forfeit no lands. Leafes. but his Goods. bccaafe he by his Clergy preventeth the judgement €>f death.- ^39) his lands ofrelonyjWhereupon the offender doth forfeit by an Efcheat to the Lord of whom they are holden.al though he returne and is tryed. buc Goods.lofeth his goods for his fly ing. and praying his Clergy.fortune. or by miC. yeeld not Hce that yeclcktU Exigent his body upon the Exigent for Feloof Proclamation is awarded againft him.be treafon^and pathimfelfe upon mute then he forfeiteth his lands to the Crowne. forfeiteth although he be by this no lan(!s. Chattels^Leafes. But Bote. and thereupon reading as a Gierke.

commit Treafbn or Felony^ the whole eftate is forfeited to the Crowne. bqt (elfe or commutetb there (h:.c4o. The relation ofthefe forfeits are chefe. Crowne by attainder of of Treafbn 5 xi.lL 8. I. Tenant fof life crca- And ifa man having an eftate for life of himofanother. and the Son to the Plough. That . that Gavelkind land not forfeitable nor E(cheatable for Felonyjfor they have an old laying j The Father to the Bough. is The wife lofeth no power notwithftanding the If the Hufband was attainted. the Wife was to lole her thirds in cafes of Felony and Treajbn. namely. but yet (he is no offender:. and then his heire is to have it. but not to the Lord. if one that hath entailed lands commit Trcafbn. Lands entailed^ Efcheat to the Befides the Efcheats of lands to the Lords of whom they be hoiden for lacke of heires. for fee-firople. in Fec-fimple landsj there are alfo forfeiture King for treaTon. be no Efcheat to the Lo: no Efcheat to the Lord. but at this day it is husband be at* tainted of felony. the Lord is to have it during the life ofthe offender onely. lands to the as Stat. is forfeited to the Lord and not to the Crowne^ and if it be entailed. But a Coppy-hold. hoiden by Statute Law that ilie lofeth them not for the hu(bands Felony. and by attainder for Felony (which oncly doe hold place.il fon or felooy. verdidor their owne confeffion. or that they be by Judgement ofche Coroners out-lawed as before. heeforfeiteth the profits of the lands for his life to the Crowne. or for life. The Cuftome of Kent is.

That men at tainted of Felcny or Treafon Atwindcrinfcio"^'"'^^'•'^aronby u ^ r* by verdiftorconfeffion. and prelcrve them tosetheridifpendins -ri t/c Gnely lo much out of them as it fit for therulten. fhall come in and avoid all Lcafes.~ . doubted by the Law bookes whether the Lords title by Efcheat (halJ relate back to the time of the offence done. and debts. And fo is the Law clearc alfo if a man be attainted for trealbn by out-lawry^ but upon attainder of felony by out-lawry.fori feitctlinllthey with the diverfity. uut upon the t * f ry 'i /- partits tiric appj^ehenhon'v ofaocdsand the Kings Officers are to feize ail the goods aoci chattels.^''"°" our-iawry^other^''!J^.the Kings title fhall looke no fur. or onely to the date or tefte of the Writof Exi-.ecu upon the ap.?hefeiipon hec is out-^ lawedjhowbcitatthisdayit isrulcdjthatit fball reach back to the time of hi? fa<^.or conveyances done by the ofFender. and in outlawries. taiionofthe per/on iaprifon.Fdon arc to feac n« mg.t her back then to thpi^i§. and the King or ^. It .'^^ '^. fence c<?mmmccf. any w^ prehenficncf a _ I'r r MI TL' J. but for goods. not before.!^':^^'^f.L them untill conviaion. doe the rdation of At-^ n u i j j l i. and chaueis.ac any time fince the offence done. fainders.s ^^oodsaftx^ then the property of them is in the Crown. gent for Proclamation. committed. without.Qodsj the pi^rtyatS taioicd by yerdid?orcorJql2oriv bad at the f im^ of ihe verdid and coaFefflon given or made. at the time of the Exigent as welt in Treafons as Felonies wherein it is to-be obh: ^"'i/'' ^ T" '".'.astothcfoife> tOrtciC all the lands tneynad tuie of lands and goods at the titDC of their ofFcnCC ^c Of veidift-confeffion oroutbwry. as r° '^V^ *^^ ^"^ rorfeiture . the Lord whofbever of them hath theEfchcac or forfeiture. lerved. v.(40 I. and h. . chatreis. chattels.V^ djft^conLffionl" nnd outlawry. Statutes. it hath beene much. or difpolmg .

bc Hoted . untill the patty bee pardoned. but his fecond Sonne (hall inherit them. (ave onely to the ufe the Kings ufe. have no capacity in them to blrciiarbect takc. which the blood without an Aft of Parfcrm-TnT'' cannotreftore purcUafc. Ycc the party giveth not backc his lands or goods biooTw'iJho^ut ^aofPailiaoifnr. whether thceldefl: Sonne have iflue or not afterward or before. and then hath iffue anoIhofeUnds ther Sonne. but the Father (hall there beeac* compted to die without heire. and the liamcHt. There can be ao of the King. and purchafeth lands. and not the firft. without a fpeciall Patent of Reftitution. and dyeih without i(rue.(4^. and the Patent have the words of reftitution to his lands 5 (hall not inherit. and dyeth^ the Sonne he had before he had his pardoHjalthoughhe be his cldeftSon. but by aft of Parliament. though he be pardoned after the death of hit Father. (hall inherit the Fathers lands. and then is hcire begotten a^ attainted ofFelony or Treafon and pardoned. and the land (hal! Efcheat.the Father living^the fecond Sonne flull inherite the Fathers landsj but if the eldeft Sonne have any iflue. becau(e the blood is corrupted by the Attainder^ and cannot be reftored by Patent alone. rr9ferty . And if a man have two Sonnes^ and the A p«tfon attaint- If is alfo CO cldeft is attainted in the life of his Father. obcainc or purchafe. So if a man have a Sonnc. that perfbns attainted of Felony orTreafon. nor the iflue of the eldefl. though he die in the life of his Fathetjthen neither the (econd Sonne.

and fo alfo by fine ofRecord. THefc Eftates are created by vvord^by writing. They bee alfo X forfeitable . Recognizances. that ^ForYeics.and be (aleable for debts in the life of the owner. or indented or devifc. •' Leafe for yeare. parties can agree on. buted Into eftates^ foryear es^ for and Fee-Jimfk. to take the profits thereof for a time ccrraine of yeares. weekes or daycs. orby record. as the farme . agreed between them.but whether any Rent be referved or no. Judgements of debts or damages. and cnjoy the land. They are called Chattels Reall. grant and to P^l'KS let.in taile. but goe to the Executors and Adminiftrators. . LeafeParoii. and this is called a leafe Parol)^ fuch a Iea(e may be made by writing Pole. thefe beiXvr/"°''° it is not mater iall. For Eftates of yeares^which are Piopcrty of Und commonly called Leafes for yeares^ they are thus i. Unto leafes there may be annexed fuch . conditions. exceptions. Executors and nottotheheires.and are not inheritable by the heires.tfiatesinFees. and covenants.(43) Tropcrty of Lands hy Conveyance^ isfirjl d'tflru life.. (he Other (hall havc. '^'y s*^^ ^° '^'? . or in the Executors or Adminiftrators hands by Writs of Execution upon Statutes. hold. .. moneths.^Kmr"^" madej where the owner of the land agreeth with ^-llJ^l^'' the other by word of mouth.

by convidion of Felony. Mer^hr^pf^-^"' wSfhip of'body chdnt. J . For flying. . Leafeforiifeis Lcafes for Hvcs are alfo called ^jj-'^^^j^^'r^ ^ Freeholds. j^g "?iZ" leafesfoiyeares arc.and be Livery and Scifitt givcn at the then to the King flaking of the Leafe. in like maner as Lcafcs for y eares. whocommcth to thedoore. twig. the other Tenants by Elegit.. ^nd atc falsable and forfeitable as Leafes for yeares are. Stat. of hiS life : and in Seifin Indorfcment of Livery upon the thereof. for all thefe Sabkm'ht^^'" are called Chattels reall. hee delivereth bxkofthcdeed&witneircofir. and there hee exprelTcrh. *=" . Petty lar. or Ring of the doorcj and if . to him a Turfe. and lands are and by WardQiip of body and lands. to be tiycd by the ccnyj or going beyond the Sea without licence. Stat. or intereft gotten in ty larceny. and not to the heires. if not. by verdiftwichout Judgement. and 11 is not for- if icbea houfe. then tofbmepartofthc Land. backiide or garden not forfeitable by . ^ ^hatmeane the ^^^ OF Premunire. By jj^gy ^^c forfeitable to the Crowne. that hcc doth the meaLXore mentioned of grant unto the taker called the LelTec. In frcafon. MerExcentsupon chant. Staple^ Recognizances^ which being upon Statutes are called Tenants by Stat. I . 7. 9 Going beyond the Other mcns lands. there muft orPrennmire.(44) icafes arc to bee forfeitable to the Crowne by Outlawryj by at' ^^^' taTnder. whom we call the Leflbr i and not to tlic ii/'j j Lordby Eicheat. Fclotiy.killing himfelf^ aw forfeitable"" HOC guilty ofthc fadj (landing ouc or refufingto tryeJ by the Country. and gee to the Execufamc maner as tors and Adminiftrators. for tearm ieafcsfor yeares. by extending for debt upon SeamthoutLi. or Staple. they may alio be made ]^is^cqmfnctoZ very Elbte for life mlrofTclony by Word or Writing. Judgement in any Court of Record. linghimfeife. County. tdindcr for Treafon.

doth forfeit unto the King and ifieaferforiifebc '''''''''^' not to this Nobleman.. or blood. If a man have an Eftate inlands for another Occupant. (h. It is not forfeitable by ^Phenft^'for^debt but extended ) Outlawry. or bargaine and fale. heircs of their two bodies. except in cafes of Felony. Premunire. and not to the Lords by Efchear. to fatisfie the debt.J.of eftate taiics. or X2 of .7/. Trea(bn. with the names of thofe witnedes who were prefcnt at the time of the Livery of Seifin made 5 This edate is not faleable by the ShcrifFe for if the Lcafebc a note written Leafe for life not debt. • •^ 1 f • • of mariage. but to the party that firft entreth^ and he is called an Occupant as before hath been declared. and thenonely to the Crowne.t m^^^J^feh^ venant to ftand feized upon good confiderations mued. And though a Noble man or other. of leafes for yeares^ faving in an Attainder for Felony. but the land is to be extended for a yearely value. being attain. may bee demonftrated and retrained to the Males or Females.a mm that hatir berty by Charter. nor to his Executors. the reafbns whereof are hereafter expreffed. of the meanes before mentioned. then commonly there on the backfide of the Leafe. and dyeth. this land cannot goe to his heire. nor by any e^ieiy. with Livery and Seifin to a man. or co.ill not Js ^ . mans life.C45) is by writing.. fo by fine of Record. A Leafe for yeares or for Iffe may be made al. have li. and to the heiresof hisbody^ this word (body) making the entaile. Entailes of lands are created by a gift. V fiT a Tenant holding for tearm of life.have the meanes ted of Felony. to have all Felons goods yet ^"' ^''°n?n ^ Charter.

timc. the land being (bfure tyed upon the heire as that his Father could not put it from him J it made the Sonne to be difobedient. for venicnccthat cnfued thereof. longer then his owne life. nor lay any great flock upon the land that mighc yeeld rent improved. ncgligent.thened3 as that the Tenant in taile could nor put away the land from the heirc by any afl: of conveyance or attainder . whofe land wereintailedjHor other men truft them with Thefe loane of money.nor let itjUor incum- Bd.eftates intailewerefo ftrcngth ned they were not forfeitable by any attain* der.i. ber it. 11 The prejudice the Crowne received thereby. TreafonSjand Manflaughters^for that they knew noneof thefe a£ls could hurt the heire of his inheritance. The great iitcon* But the inconvenience thereof was great. It alfo made the owners of the land lelTe fearefull to commit MnrtherSjFelonie?.madein the ^tau made in By Ed.(40 ofthebody of either of theraa or of the body of the grand father or father. and to grow infblent in vice.and waftfullj often marrying without the Fathers confent. by that meanes. by which ajfo they are fo much ftrenp. Laflly.r. that there could be no check of difin-^ heritin^ him. . Entailes of lands began by a Statute of Weft. for that none upon lb owne ncertaine an eftare as for terme of his life^ would give him a fine of any value. I. thofe entailes did defraud the CrowCj and many fubjeds of their debts^ for that the land was not lyable longer then his owne life time^ which caufed that the King could not fafely commit any office of accompt to fuch. time. It hindred men that had inrailed JandSj that they could not make the beft of their lands by fine and improvement. knowing.

there is ftart up a device called Perpetuity.26. If But it is jj^^^^^'^'^.//. »^H. 8.^.^'ii"7aP^^^^^ of a Provifd Conditional!. three lives^ fo that it be not of his chiefe houfes. 55..H. £//. landsjordemeafnejorany leafe in reverfion^nor lefle rent refervcd then the Tenants have payed moil: part of 2 1 yeares before.debits ohh? party death: ly. A Tenant in taile may difinheric his barcihtcstaiic ^"^• Sonne by a fine with Proclamation. . 7nd . ^ble for the arrerages upon his accompt for his ^a^'d^S TnoI and by a Stat. H.7.'. not to be extended for debts after the parties after his off by fine and dcaih. make it fubjeft to his debts and Sales. ByaStatutemade.'^^ that his next h/kc Tiuftcmet9'.//.8.g'.z. 8. 8. except the intailes bee cut ^^^^JTiZ^^l recovery.^o^* 33. tyed to his eftarejnot petnity. nor to be forfeited for Felonies.H. ror have any raaner of difcharge for doing wafts and fpoilcs : by a Statute made 39. Tenants of Entailed lands are lyable ro the Kings debts by Extent. by aftsofParliament later then the ads of intailes. made 4. 8c 39. yearcs. ne X3 ' .(\7) Theft inconveniences were all remedied by a(!k of Parliament^ as namely. ATenantintaile doth forfeit his lands for Tieafon^ ard by anotheraa:ofParliament5 32. n-&59Ei'2iq.8.8. and may by ^y that meanes alfo.z H. to be noted that fince thefe notable Statutes. Second. which is an intaile with an addition hisnexthelie. and if ' ~T U« . which bee thefe.they are fale.which is aninmiewitban TO »^ put away the land from his next heire. made Office^ So that now it refteih^ that inrailed lands foifcuabie for fe- have two priviledges oaely. and remedies provided by Statutes^do dock intailes.^jj'^f. Hec Jeafts may make or ^* ^ ' ' good againft his heire for 21.addition. '^^^^'^f^^^hf Firft.

how they ate tyed.he doe. they are both conftrained by necclEty to joyne both in a Sale of the land. appoint the profits to goe to the it (hould advancement of theyonger Sons and daujghtcrs. the owners of thefe lands cannot doe it. may during the minority of his eldeft (bnn. reftraineth him. or a ^^^^^ p^^.fome taking one part. ' The inconvenicBcesofthofe Pcrpctumes. leSdCg in all the former Eft°te7uUc^"°^ ates tai cs.^ ^f ^^^ ^^ p^^ jj^^j^. andpay debts. And more thenthatjwhere many are owners of inheritance of land not intailcd. or felling a little quillet. were cut off by the former mentioned Statutes. would bring in all the former inconveniences fubjed to intailes. as in making a leafe. and this raifeth unkind fuits. So that in the end. and the principall parties wafting their time and money in fuits of law. and farre greater^ for by the Perpetuity. his Brother. by felling that which lieth farre off is tobuy that which is neere. fome another. Where- . to forfeit his owae eftate. who perad venture is his Sonne. fetting all that kindred at)arres. ^^^^^^ occafioned through their (bits : And if the chiefeft of the Family for any good purpofc of well fearing himfelfe. by intailes and perpetuities. Which Per- petuities if they (hould ftand. this Perpetuitie.forge«ing after two or three difccnts^as often they doe. and (b to come to the Crowne by Wardlhip all the time ofhis Infancy. or for the advancement of his Daughters oryonger Sonncs (hould have rea(bnable caufc to (ell. if that hold good. but they muft fuffer the whole to difcend to his eldeft (on. Qp^^ig^ qj Rinfman. the next heire muft enter. if he that is in pofleffion ftart away never fo little.

h (49) Wherefore untowardly (eeing the dangerous times and Qu»e whether ftrainrmenby thcrePerpetujtic» ^'°"i/^i'««3itions. whether be better for the Subjeft and Soveraigne to have the lands fecured to mens names and bloods by perpetuities. heires. after J^ord. then the Fee-fimple refteth in himleife as a Reverlion. with all inconveniences above mentioned.nil tyed ro the (take by o. mfion.fimple. r- T\ and redifpo- J or to hazard the undoing of hou. termoft degree of eftates that and utinland^ therefore hee a remainder lafV can- maketh a leafe for life.^ childrcns by unthrifty (ing ic to their owne or to their good • ^° ^"^^' therefore It worthy ofconfideration.^^^^^^^^^'J'^ The Remainder is alwayes a fucceeding eftate. appointed upon the gifts of a precedent eftate.«ft met for is livesjcares or intailes^buc beyond it is them ^^ ^^ ^"'^ ^' Fee. fimple by way of remainder. For the greatefl. or to bee in hazard of undoing his houfe by unthrifty pofterity. f<^s from it is forfeiting to the Crown. and beyond this there is none of the for. or to a third in Fec-fimplej but after a Fee-fimple hee can limit no other eAnd if a man doe not difpofeof the Feeftate. The lafk and greareft eftare of lands is Fee. ftrained • thofe Perpetuities. if they vs^ere not .^^'^"^'^'*^^ a particular eftate made by him for yearesjifcjor intaile 3 . But a reverfion canthe Reverfion is an eftatelcft in the giver.The difference Thedifferencc between a Reverfion and a Remainder is ^his.ac the time when the precedent is appointed. or a gift in tailcjmay notbciimkred appoint a remainder when hee maketh another pee-'iimpie''^^'" for life or intaile. \. when hee maketh the gift in taile.Thdafiandgre^ ^ftatein land fimple. they might prevent thofe mifchiefcs of undoing their houfes by conveyine the land from fuch heires. or for lives.

woods. 4. ner of waves. where the remainder is made with the particular eftates^chen it muft be done by deeds in writing. and livery of feifin made. or paying rent. andliverie and feifin made according to the forme and effcd: of the deed-j if a le(rer eftate then Fee-fimple bee given. Lands are conveyed by thefe6. which is.by Feofmenr. where by Deed lands are given to one and his heires. it is not called a Feofmenr. thercvctfi- oaisgancedby Reverfion after it remaineth in himfelfcjhe is to doe it by writing. 5. i. neither can hee compell him by any law to atturne. 3. By Covenant. &c. ^. which is to give his afient by word. except the grant of the Reverfionbe by fine^ and then hee may by writ provided for that purpofe : and if he doe not purchafe that writjyetby the fine the Rcverfion (hall pafle^and the tenant (hall pay no rent. nor bepunilhed for any wafts in houfes. but is otherwife called a leafe for life or gift intaile as above mentioned. ° ^fjj'^^j^^°^'"^"^ meanes^ Firft. and to atturne it. By Recovery.ByFeofment. . the party to whom the Re verfion is granted cannot have the Reverfion. and not by word. and Sales. Lands may be conveyed fixe ma. with livery and (eifin.(50) Actumment miift be had to the giac ofchcrevcriion. or the like^ and except the tenant will thus atturn. and the Tenant is to have notice of it.ByWiU. Extents.ByUfe. Incumbrances. except the Fce-(imple be convei^d. unlefle it bee granted by bargaine and (ale by Indenture inrolied^Thefe Fee-firaple eftatcs lie open to all perills of Forfeitures. X. except hewillhimfelfe. By Fine. and cannot be by words 5 And if the giver will difpofe of the intaile* The tenant not compellable to atturne but whete fine.

or beyond the is 3 faved^ fo that he claim 4 Beyond Sea. Hdc eflfinalis concordta. or to him for his lifejortohimandtheheires males of his body. may bee called in to Y defend . make not his claime within five yeares after the Proclamations ended.(50 A Fine is a reall agreement. concerning lands that a man fliould have from another to him and his heires. and pray that /. but no condition or covenants. I a An Infanta Feme coyert. This Fine is called a Feofmenc full FineisaFeoP- of Record. Five yeares non claime baiieth nor. becaufe that itincludeth all that the ment of Record. or returne from beyond the Seas. who had warranted unto him. recoverieofhis wits. except he be an Infant. a Woman covert. whereupon rent may bee refcrvcd. This is done before the Kings Judges in the Court of Com monpleas. the parties doe agree. H. and worketh further of his own nature. Mad-man. or for ycarcs certainc. and then his right age. and barreth intailes peremptorilie. in every Terme one for foure Termes together^ and if any man having right to the fame. beginning thus. Recoveries are where for aflurances of lands What RccoYciics are. Feofment doth. and the other (hall not enter into defence again (i* it. a Mad.man. whether the heire doth claime within five yeares or not. but alleadge that hee bought the land of /. WhataFineis. within five yeares after the death of her hufbands Seas.thatone (ball begin an acti- on reall againft the other. H. if he claime by him that levied the Fine. as though he had good right to the land. and upon this Fine arc foure Proclamations made openly in the Common Pleas^ that is.® how lanJs nay bt conveyed hereby. This Fine is a Record of great credit. (jrc. hee lofeth his right for ever.

but the party that hee hath fold it to. is barred by the recovery. which LH. This /. muft have Jadgemcnt to h»f jhe land ag. is becaule in ftridt againft theCryer mr^emalttnd ^^w the recompence adjudgcd that was Vouchee. is to goc in (ucccllion of rcYcrfiow. Eftate . is one of tlieCryers of the Common Pleas. and A recovery bartaiie and all re- vcifions and re. to recover in value' (b much landof his. Judgement againft LH. This Recovery barreth Entaiies.Common Vou: Oier°softhc Court. at the day he maketh default." The veafon why a Common recove. defend the Title. hath that who vouched him to warrant it.t in talk. And by this device grounded uponthe ftrict Prmciplcs of Law. and thereupon theODurr is to give Judgement againfthim^ which cannot be for him to lofehis lands becaufe he hath it not. H. remainders. whetc in truth hee hath none. and bath nothing tor if 5 buticis by his owne agreement for aflurance tohim that bought it.inft him that hee fued (who « called the Tenant) and the Tenant is to have Jadgemcnt for the tenant to recover vw-tclmon voucher. Therefore the Demandant who hath no deftnce made againft it.rcvcrfious are thus barred. fhall appearc and make as if he would defend it. but {hall pray a day to bee affigned him in his matter of defence* which being granted him. nornever Will. ^^^^^h t^cn neither the heire. judgementfortWe ^aL"l?t«n». The reafou why the heires. and is called the Common voucher. nor reverfion. laving where the King is giver of ihc Entailc and keepeth the reverfion to himnor the remainder. and all Remainders and Reverfions that flhould take place after the Entailcs. JheJeupTn". the hrft tenant lofeth the land.

. and is to rruft to the rccompence. 8. remainders. thofe recoveries are become common aflured. or intent of the Fine. fo that brought inthcfe '^Z^d^n^I^'^ common convey. that one if they of them (liall levy a Fine. but a common recovery will barre them all. . and then it was not reafon to allow the heire the liberty to keep the land it felfe. or Recovery. the eftate Fcofments. rmoTthefa?. mentjor fuffer a common recovery to the othcrj but the ufe and intent is. (ion.(53) Eftatc as the Land fhould have done. This fleight was firftinvcntcd. . conveying the land in pofleffion to him that hath intereft in the ufe.ancesandaautan«" °'^^"<'' ons. make a writing. that one (hould have it for his life.In this cafe the land fetleth in an eftate according to the ufe and intent declared. a ftrangcrto have it in taile. And now by ufe. Y2 Upon . and reverfi.ana • • r u fettle as the ule and intent or the parties is rccovcnes^ihec doth declared by word or writing. 1 recoveries.tics. H. whenintailes fell out to be fo inconvenient as is before dech- J^^^f^^^fl'"'^' S"" 'aU^ men made noconlcience to cut them off. and after his deceafe. and alfo to have recompenee^ and therefore hee lofcth the land. UponFincj. before the ad was ftate doth fettle /1 • Upon Feofments and VT done. and are the great eft fecurity purchafers have for their monies^ for a Fine will barre the heire in taile. And that by reafon of the Statute made 27. nor reverranees againft intailes. according to the ufe and intent of the parties. Fcofment. make a Feof. Asfor example. and then a third in Fec-fimple. and not the remainder. if they could finde law for it.

ti^ cery. 5nrdlTora"uiv but in Chancery. and the like. conjoyneih and containeth the land to him that hath the u(e. but you made me no aflurance of it. Salcs.^dotfe^nor paH'ci. What a life is. as the ufe hath. toftand feizedto Baigaincs^yaics this Statute IS likewife ded upon one Sc.K. I and you agree that I (hall give you money for your land. did therefore gravely provide another Aft in the fame Parliament. Rent. that it would be mifchievoas that mens laiids ftiould ft) (odaiuly upon the paiment of a jjfpjg monev be conveyed from them. except there were a Writing Indented. TldCciT^Ttoz'' u^"are^a"gioun. and turneth it intolike quality of Eftate. > The ufe is but the equity and honcfty to hold the Land ce»fciemia boni viri. UpOD grounded the fourth and fifth of the fixe Convcyancesj viz. Bargaincs. untill this Statute was made ofsj. But the Parliament that made that Statute did forelee. macfebctwcene the faid two parties. without any other Conveyance from you^ and it is called abargaineandfale. I pay you the money . upon which I had no remedy but in Chanufcs^ fot this Statute m Bcfore'zy. Covenants. //. H^s.peradven. As for example. have the land it (elfe. ' . I for my money paid to you. yet the equity and honefty to have it is with me^ and this equity is called the ufe. y wherefocvcr it ftndethan ufejConjoyneththepofiefBontoit. and the faid this Statute i • ^nd HOW Writing . &. and you (hall make me afluranceof it.indupon ihe paiment of money without a deed indejited and inrolied. that the land upon paiment of this money (hould not piflcaway. a l r t' tx li tute lu an Alehouie or a Taverne upon itramablc advantages.C54. Here although the eftate of th€ land bee ftill in you. Condition.

the land. nLwy!"^' couzen. or one that he meaneth to marry.orchildc. to ftand feized to ufcj. for although the Law alloweth fiich weightie : fince the fald Scatute. where they did ufe to enroll Deeds. day J ance or land.bargaine and faie '" tncntasabargaineandfale doth. before mentioned. as bargaine and fale Wifr. then will no ufe rife . agree. brethren. is a Convey.u. or in the Seffions Rolls in the Shire where the Jand lyeth 5 unleflTc it bee in Cities or Corporate Towncs where they did ufc ^^^"'^'^"Dccds. a •»i«j«/t» J r ConveyI a covenantto ftandfe." man that hath a wife and children. nor needeth it Lemheufeif to be in writing indented. poiatc wwncs^°^" fome of the Courts at Weftminlter. that the .eiuoUmcnt as a gaine and fale.(55) Writing al(b \vithin fixe moneths inrollcd in ThiSuoUy.zedtoa ule nccdeth na y3 Confl-^ .TftldSo Landfhould goe according to thofeagreeroencs5 theufeofaay of Nature and Reafon allowing thefe provifions^ '^"kiadted. and fb no Conveyance . be not wife. And fo this Covenant is at this /». as the ufc is appointed. may by writing under his Hand and Sealc. and there the Statute cxtendeth nor. there arifeth an equity or honefty. 8. The fifth conveyance of a Fine.or muft andiftheparty towhofe ufe hee agreeth Coiuen^oroneto ftand feized ofthe land. that for their or any of their preferment hec will ftand feized of his land? to their ufes. couvey eth the eftate of °" ^^''^^^^>^y . and with this difterence from a bar. fb as hec (hall feecaufe^ upon which agreement inWri.vponamgree^ ting. And the SfiateS'the^ ufe being created in this Ibrr. and kinsfolkes. in that this needeth no inroll. the land thcrcupH.childe. aufe which equity and honefty is the ufe.^^'^T^''^J"^° *°^ *'*'^ ance to ftand feized to ufes : it is in this fort^ A ufe.s «tcndeth noiin. the Statute of 2 7. either for life in taile cr Fee.

but agreeth to ftandfeized. and fule. or other things^forin that cafe his owne Will and declaration guideth the equity of the cftate.olcs. that men in wars. Otherwire* in a bargain and falc. 8. was thought Common law.or recovery a man may may then appoint the ufe to whomhelifteth. nor when he hath taken any thing. or the like. mens mindes might alter upon further proofes of their children or kindred. Services. limittheufe to whomhelifteth. or covenant. before which Statute no man might give land by will. Feofment. where there was an efpeciall cuftome that men might give their lands by will^ as in London^ and many other places. or encrcafe . of their lands. without refpeft of mariagc. Thcnotdifpofui^ of lands by to be a defed at The not giving of land by Will. was hardj befides. Schooling. Thelaft of the fix Conveyances. and covenant. or Recovery. toftand toufes. without confideration of blood. except they could make a Feofment. as of Acquittance. when they could not undoe if againe. except it were in a Borough Town. is a Will in writings which courfe of Conveyance was firft ordained by a Statute made 32. H. or moncyr. It is not fb when hee maketh no eftate.or fuffer a recovery^ which lack of time would not permit : and for men to doe it by thefe raeanes. Ofthe continuance of land by Will. even to the laft houre of death. Willjwas thought or fiiddainly falling (ick.had not power todi(pofe tobeadcfedat the common law. VponaPine. as in the cafes of bargaine. or levie a Fine. But where a man maketh an eftate of his land to others. kindred. by Fine. yet Con^derations of manage and blood to raife doth it not admit (b trifling ConOdera- tions. he Feofment.

' They conveyed their full eftatcs of then* lands in their good health. properly called Feoffees in rroft ^ Swa^^conveyance of lands J^^^^^l'". was turned to deceive many of their juft and rca(bnable rights^ as namely. were many inconveniences (as this ufe which «n^^s of putting . . the Court of Chancery was to compell them. there The inconveni. foasthe Feoffees had the land and the party himielfe had the ufe. P^"^'^^ to dcvifc men ufed this devife. and then they fonsmhe'yfhcuid would by their wills declare how their fiends j|«ckre in their Will. The wife was defrauded of her thirds. ro rake the profits for himfeife. knew not againft whom to bringhisaftion. a man that had caufc to fue for his land. The hufband ^^"'^i"^^"^^- of . which feeing it did not fitly ferve. and if he appointed none. To give men power and liberty to difpofc of their owne. it was reafbn that the Law The Court that (houldpermithimtoreferve to the laft inftant J^Jclhc?**''^^*^" the difpofing of his lands^and to give him means uW. grewfirftforareafonablecaufe.nor who was owner ofit. then the ufe iliould goe to theheire. But this courle of putting lands intocie. as the eftate it felfe of the land fhould have done. to be altered.) i'/^. fbould dilpoic of then* lands-. for the ufe was to the eflate like a fhadow following the body. the ufe of the-knd.(57) encrcafe of children or debt^or defect offtrvants or friends. by reaibn of truft^ and this truft was called.. fiiit gav^e** todifpofe it. which ufe was in equity. and if thoiefriends wouldnotperformcit. and that the feoffees fhould make fuch an efVate as he (hould appoint them. For which cau(e.. to friends intruf^.

H. and Efcheat. The Creditor ofhis Extent for debt. and yet he was not fuch a Tenant as to be feized of the land. The poore Te- nant of his leafe^ for thefe right and duties were given by law from him that was owner of the land.ana4. //. vciancestoufcby Created.as namely. and leave the power to difpofe of the land at his difcretion to the Feoffee.the heire of Cejluj que ufe is to bee in Ward : 16. or that hisheire could be Ward for . Relicfe. yre. which was then Celluy que ufe by a Statute made 1 2^ 3 Leafes and Efta tes made by Ceftuy que ufe are made good. . Which frauds by degrees of timeas they cnThefraudsof e6. fo as his wife could have Dower. .„-««-. *. 4.by him acknowledged. and fo the old owner which we call the Feoffor (hould take the profits.«. Which . itjOr any duty of tenure fall to the Lord by his death.^ ^ g /stat.R. or the lands be extended for his Debts. 8.3. by a Statute of i. ^. wercrcmcdiedby ^. Herioc. ' j they mcreafed. or that he could forfeit it for Felony or Treafon. and none other^ which was now the Feoffee oftruft. werc remedied by divers Statutes 5 as degrees of timc. H.and Eftat. . . >Ceftuyque may be tryed againft him *^^7.binding thc5camtesi pointed that the adion x. The Lord of his Wardftiip. or that he could make any leafes of it.lt Wasap. the Lord is to have rcliefe upon the death of any Cefluj que ufe. _./. r/ o :*.(58) of being Tenant by curcefie. "> i. which taketh the profits.«.

tatingai """ fing to take away all thofc ufcs. muft defcend to the hcire. 8.^. by that Statute 32. or tearqae in taile. it muft bee by Will in writing. for fuch tearme atid time as he had the ufe. as wToicT' wellinSoccage as in Ca^ite. hee may give ic by Will. that where lands were pat ufe. Firft.H. is clearely taken away a.8. ^I^q^^^I'^ fitt by Knights fervice of the King^ and then lay.//.»7. H. and Primer Seilin.FiHe^nd did ordamc.'heSt. to the Crowne.and socage. or prefently caried out of the friends in truft. Secondly. there the poflTeflTion and cftatc (hould bee Recovery.f59) Which ly.H. and end 27. and not joyntly with another^ and then being thus feized.of5z.8. hee can give but two <^^""ofd=vife but parts by Will. the Parliament m fetled and inverted on him that had the ufes. ofConvcT^nces truft menr. give lands by Will in this fort.3. the power ofdifpo* in whatmoner Cngs land by Will. he ing all together . Livery.ano.S.&TnS ther Statute was made. in the frauds neverthelelTe raulciplying dai- purpo.f. except he hold any piece of land in C4.^. cannot give land by Will. to give men power to by Will. and reducing the Sth»"im'co Law ro the ancient forme of conveying of lands the mdcm forme by publike Jivcry of Scifin.8. mongft thofc frauds^ whereupon ^a. he muft be feized of anEftate in Fec-fimple 5 For tenant foranoiher mans life. Fine. By this Statute of2 7. to anfwer Wardlhip. 8. 2 And . hee muft be (blcly feizcd. for all the land he holdeth in Soccagc Tenure. and Recovery. for the third part of the whole.

Ward liip. and the third the Lord by Wardlhip.or in faile. bygz. r»r r> the parry of ftich iH his htc timc. t. and to pay his debts or legacies. or covenant to (land (cized to But if the heirc IhirdpTrtl bu^if ufesandtodifinheriretheheire. doe make a joyoture to his Wife of one.\^r • the ' Conveyance made by the Father.and to fue Livery and Seifin. lod h" vTo'ne'of^hc (ball have one of the three Acres during the A^LTest"obecin Wjrd. Fine. n :r hcire.and fcifm And foiPhe hold lands by Knights (crviceof afubjca^he candcvife of the landbiittwo parts.s. but it (hail goe according to addei«.H. Aomtyal^crbv acvife of Capkc And if a man that hath three Acres of land holdcH In Capite by Knights fervice. {. intermeddle wichthereft^ (fit be ic fo much as . nor Lofdcan not a full third. Fot it is the nfe that al Hands which ^q Father leaveth to drfccnd to the heirejbeing Fee-fimple. The King nor ^cmKdd'lf aMi third pirt hath been debated how the thirds (hall bee (et forth.muft be part of th. and convey anoforhei°oI^:urJ° or to his'chiidren thct to any of his Children. thcheivc bcwith.(6o) ^hethircpm tlJehctSan^ fwerGinr^nwp.R.or fj^g pfofits.thirds^ It be left todefccndtothc and if it be a full third. and that rouft iatisfie Wardlhip.bcwithinagc when his Father dyeth. yet they muft take rhrn the Kingj. but muft fuffcr it to ddcend to the heirc. ^^^^. or to friendj. as by Feofment.^ BuratfaH 4gs the hcire (ball have no nfflikoW part of it. lands to fuchufes g^gajne tod ialc. Liver>. may by aa executed in ^^yg« ^ j| (q his wife Of chiidrcn by Conveyance the life time of ^^* . the King O*" ^^^^^ ^^^^ ^^^^ ^'^^^ ^^^^ ^^'^^^ ^° Wafd. ^ . or daughters portions. paTof'ihe'^?hirds. then the third Acre or any vofdL a^hi'rd part. and the 1^^\jq [yy dcfcent istO hold.€cov€ry. to take for their goocf. part thereof he cannot give by Will. a conveyance Biu Yet a man hjving three Acres as before.

whereupon a Jury by oath. yet thi King or Lord muft take that in part^ndhavca fupplyoucoflii^ Rent. 2. By Executorlhip.(61) and have a fupply our ofthe reft.3. whereby a 5. And if it be not enough. and Jury But in all thofe cafes the Statutes doc give ThcScatutesgivt power to the Te» power to him that roaketh the Will to fet forth is to have this fiipplyby a Itator to (gi out and appoint of himfelfe which lands fliall goc for thirds. Chancery. By Sale. then by a Commiflion out of the making iiipply when the part of Court of Wards. yet they muft take that in part. Thisfupply is to be taken thus. By Gift. 9. Property in (joods. rall wayes 4. Propertie in 7. . By Shipwrack. thehclrcitnot* muft fct forth fo much as Qu! make up the thirds. . By Straying. then the other Lord it is. fi. except the Officers of the Court of Wards can otherwife agree with the parties. Goods or 8.10. tull third. By Legacy. By Forfeiture. Of the feve. By Stealing. By Waving. and neither King nor Lord can refufe it. Chattels. and onely have a (upply in maner as before is mentioned out of the reft. man may get*^ 6. Commiffionoutof the thereupon. By Adminiftration. If there be no Wardihip due to the King. . if ic bee the Tdcnianerof Kings Ward. the third himfelfe^ andifitbenota third parr.

•pfi.CI I ^r^n^^i ._.(63. this isfufpi- but good againft the Executors Adminiftrators. doth prove plaincly 1 fraud to prevent the Creditors. or any man to whom afterwards he (liall fell or convey them. to deceive the Cre- And if3 man who is in debt. this deed ot gift void. Deed ofgifc made ofall his Goods. deed of gifc of goods CG deceive the be BY word orproperty of goods may agenerall be but by gift paflcd writing. Sy Sale.nDj \H . or Vendee of ihc party himfelfc. By Sale any man j^ jy convey his owne goods to another^ and although he may feare Execution for debts. it is good. he Qiall have the goods againe 5 for that truft in fuch cafe. f^. u<Propertyhy Gift.-„ not. done upon fraud.u.^ if there his Creditors is void againftrkem. What is a faic h- vafidt and what u. when there ss a private refcr- vation of truil be pRopcrtyin goods by Sale. make a Deed of gift of all his goods to protrad the taking of them in Execution for his debt. paying the money. fo that there be no refcrvation of truft betwecrie them.sy . yet hee may fell them out-right for money at any ML twecnc the par* tics. hisowne Executors or Adminiftrators. tious to be ditors. fVom taking th^ goods in Execution/ ^. as againft thofe to whom he ftood indebtedj but as againft himfelfe. time before the Execution ferved. is 2.

keeper. Sy Theft or taking in left. Esfic Z3 Yet infimiltbus.whcre the Saie in a Market or feire (hall bar the owner being not the feller of his Properry. &c. between ten and rae. this Sale doth barre me of the property of my goods'. Property of Goods by Theft or taking in Jeft.the true barred by this Sale^ but if he fell the and fell OfMarketsani Jj^. fteale a horfe. horfc in Cheapfide. the leller and Tolied for in the Toll. or Chaine of Gold or Pearlc that is ftoln or borrowed. or elfc the fale me not.and muft bring one to avouch his fale^ knowne bindcth to the Toll. .^h'^^J^^'^j^j ' toVmadcTn! Newgate or Weftminfter marketjthe true owner is not barred by this Sale^ becaufe thefe Markets are ufuall for Fklh. pers or Scriveners (hop. And for any other goods. How a faic 'm Ifany man fteale my Goods or Chartekor j^arkctfhaiibea take them from me m Jelr.or any others but a Goldfmithjthis (ale barreth not the true owner.book.J. So whereas by the cuftom of i Wtf» in every Shop there is a Market all the dayes of the week. (aving that if hee bee a horfc hee mufl bee ridden two houresin the Market or Fairc. owner is As for example : if a man him in Smithfield. and fell them.book. and not forhorfcs.or as a Trcfpalfer or Felon carrie five a clock. Fift. faving Sundayes and Holy daies^Yet if a piece of Plate or Jewel! that is loft. or borrow them of them to the Market or Faire.be (old in a Dra. it muft bee ftle in a Market or Faire whereulually things of thatynature are fb'd.

then the true owner is tothcCrownCj the owner is Without remedy.or outlawedjor forfeit the ftolne goods Thiefe be condemned of the Felony. and taketh the goods with the Thiefe. or have committed a forfeiture But if the of goods to the Crowne.?*?. nor have Judgement of death) or have him outlawed upon the indidment^ in all thefe cafes he (hall have his goods againCjby a writ of Reftitution to the party whofe hands they are. that is. after they were ftolne^and thac^^?. yet if he profecute the Felon. but that the owner may Seize them againe wherefbever he findech therfi^ except they were (old in Faire or Mariar.The owner may (cizehis goods af« tctrhcyare ftoln. he may take them againe : And if he make no frefli pursuit. without remedy.or outlawed in any pcrfonall adion.^^^ without fraud. Co farre as Juftice requireth. Yet by ftealing alone of Goods. IfthcThiefc bee condemned for Felony. have him arraigned. or outlawed for the (ame. Orifhecprofccutedthel3wa< gainftthc Thicfc to andconhdhim ofthe fame Felony. Nevertheleflc if fre(h after the goods were ftolne. indifted. and found guilty (though he be not hanged. the Thiefe getteth not fuch property. he (hall have his goods againe %av?ritofRefiticotion. Thiefe and goods. m 4- ^} . the true But if he make frcQipurfuithe owner maketh purfuic after the may take his goods from the Thicfc.

elie to the King. BY waving of Goods. !Bj Tt^aVingofGoods. a$ before. of found guilty. by Cuftome or Charter. property in live Cattell is thus gotten. But if the Fdon bee indided. BY Straying. . When they come into other mens grounds ftraying from the owners. A Thiefe having thus. caufctb them robe feizedjand a With put dboiK their neckes. then the property of th^m is in the Lord of the M«innor whereunco they didftrayjfhehaveallftrayesby Cuftome or Cbarter. a property is gotten ftolne goods. except the Lord of the Manner have right to ir. being purfued flycth away and leavcrh the goods. or outlawed at the ftiit of the ovr^ ner of thefe good. (hewing the Markes of the Cattell.4.^y Straying. adjudged.and cobe cryed in three Mark^rg adjoyning.which don^/itrhe true owner claimeth them not within a yeare and a day. and the property is i« the King. S. hce (ball have reftitution of chefe goods.clien the party or Lord into whofc grounds or Mannors they come.Thls leaving is called Waving.

If the Goods and Chattels are thus owner be outlawed. except it be fo ancient.Wracke. or fly for Felony^ although he bee not guilty. then all thofc goods are faid to be wracked. BY Forfeitures. or (uffcr the Exigent to goe forth againfl him^ although he be not outlawed. and 'ttfhn itJhaU le/aidtobee. or either confefle it. Forfeitures. or be found guilty of it. or Treaibn.(66) S.that it hath had allow- . gotten.property of goods away upon When Ship loaden is thus ten. and they belong to the Crown if they be found5 €xccpt the Lord of theSoile adjoyning can entitle himfelfe unto them by Cuftome. or refufe to bee tryed by Peeres or Jury. a is caft the Coafts. fo that no living creature that was in it when it began to finke efcapeth to land with Ufe. or that he goe over the Seas without licence. gotBY Shipwracke. For in thofe cafes prefcripts will not (erve. all the goods he had at the Judgement. if he bee indided of Felony. or bee attainted by Judgement. >). he forfeiteth co the Crowne* except fome Lord by Charter can claime them. or by the Kings Charter.

and maketh one or more Executors thcreof5 Thefe Executors have by the Will and death of the parties. When a man poflTefTed of Goods maketh his laft Will and Teftament in writing or by word. T 7-rrrrr. They are to <Jebt. duty before they have proved the Will.. which Parchment fo (ealed. before ^abat diCbut they cannot bring an adion for any debt or pofeofthegoo^. !By Executor/hip.(67) allowance before the Juftices in Eyre in their CircmcS} or in the Kings Bench in ancient tioae. m there they are to bring the witnefles. and there whatmamecitii they arc to be fworne. S) . Thofe Executors may meddle with the goods Executors may anddifpofe them before they prove the Will. ChattelSjLcafes for yeares. and all right concerning thofe things. aftionfor "ay" The proving ofthe Will is thus. Wardfhips and Extents. BY'feiecOtOrfhip goods are gotten. cxhibite the Will into the Bifhops Court . called the Will proved. and the Bifhops Officers '"^^^^ are to keep the Will Originall. is Aa ^. — 8. and ^ewui^and. and certifie the Copie thereof in Parchment under the Bifliops ^ Seale of Office. all the property of their Goods.

o:herwi(e.*then the Archbifhop of fbmc reafbnablc value. By Letters of Jdmlnijlratkn. (bas the Bifliops are to grant Letters oi Adminiftration of the goods at this day to tbe Wife if ftie require it. tbc dcbrt: are greater then the eftate will bearc. When a roan poflelTed of goods dyeth without any Will. ( Mi 9. or next of kin^ if they rc^ fufe it. and to grant che Admioirtrarion of his goods as (^e Cafe falleth out. were by ancient Law to come CO the Bilhop of the Diocefle. or children. hec firft paying his Funerals and Debts.. If . becatifc. there fuch goods as the Executors (hould have hadifhce had made a Will.: thac if the partie dfad had at the time of his death 6^^ n$tahilia in div^ers Dloceflcs ^^'^f'^'^"*' pioceiIls. This i$ now altered by Statute Lawcs. as often they doe. and granting Adminiftfatioa 1 Where the intc- ^^m ofgoods In which controver fic tbe rule is thos. and giving ihe^tf^Mptt: TttUfHi" nffU' '• ''^-^' '\>. to di(pole for the good of his (oule that dyed. ^^ece he dyrA is to have the probat of his Will. thf H the Arch-biihop of the Province is ^^here CO K^d commie the Admmittiation.the Bifbop of the Diocefle where he dyed is to doe it. then /btnc Creditor or foroe other wiH tak^ it a« ttie Bi- Ihops Officers (hall xhxrkt cattt Ixf growecb of-^ ten in qaeftion what Bi tbop (hall have chic rtgbfc orproving Wills. BY goods Letters of AdmlriilVration property To" is thus gotten.

j.jJ^^. arrerages of Rentj and Servants. fo many 85 lift may refufe^ and if any one takeit upon him. or Adminiftrator pay debts to others before to the King.then debts Executor oughe . Aa 2 Kny .jJJ^J. or debts due by Bond before thofe due by Record. Shop-bookeSj and Conrraf^s by word. where divers have Debts due in equall degree of quail degree of "" Record or fpecialty. or workmcns wages. before any ftiite brought againft him. But yet the Law giveth them choice.". he may pay which of them ^"7may^p\f he will. And if there be moreExfcutors then one. and no Exectttor (hall be further charged with Debts or Legacies. on Record. that DcStsducine. then the value of the goods come to his handsj So that he fore-fee that he pay Debts cp.^eS ^•£. then upon JudgementSjStatutes. paiment to head workmen. vvagcs. (b that hee hath not entcrmcdicd with any ofthe goods before. or paying Legacies. hee fhall pay the (ame over againe to thofe others in the faid degrees. Servants wsges.ifhchavc notmtciTncdlcd ^^°'^^' ' Debts.Debtj f/.C^9) Iftherebebut one Executor made. and Jaftly. or with receiving (hop. Rent unpaied. Recognizances. j!^^^^'^''' andcomnasby ^^^^* by bond and bill fealed .^'' Recogn. For if an Executor. may refufe the Executorlhip comming before the Bithop. yet hee fj. vfhichof ihemhc but if fuit be brought he muft firft pay them that p^'^^ ^^o]« ^wj getjudgementagamft mm. firft debts to the King.j^j"'^'^"^^^^* unpye^ ^^n" j^'^Seo. the reft that did once refufe may when they will take it upon them. or debts by Shopbookes and Contrads before thofe by Bond.

GoodSjfhall ttot charged. n jc Executotdid inhis lire lime.(7o) Any one Bxecu- A ny OHC Executor may convey releafe the goods. rhe Executor of the Adrainirtrator (ball not be Executor to the firO inreftatej But the Ordinary muft new commit the Admin iftration of the good3 of the firft inceftate againe.^11 oneiy"b"^if. is ixecutor dycih making his Exctutor. Bilhop. dyed intc^^jg > Alwayes provided. But it IS not fo wich Adminiftrators. - ^^ : v-r Executor to the firftTcftator. In both cafes/he OrAnaryfbaii cominitAdminiftiati^ JhTfilft mtcftat°. But in that cafe the. if there be not enough to pay of it (Viall charge the party himfelfc that did (b relcafe or convey. Butothcrwilc. is to commit the SnTftr^non be committed of hu^oods.'. which authoritie being gibe executed by all of them to « ^ Itator. then his Adminiftratot fhall not be Executor or Admini_ t^loti fttator to the firft . or Debts without his companion. If \tih CfiA . or next of kin. ". . goods to Adminiftration of the firft his Wife. for they miniitratois. as if he had. ^ . Andioifati Adminiftratordyc andmakc Teftat<5rs • • i his Executor. . the lecond Executor ftiaU be ven to many joyned together. Othcrwifcof Ad. . that that which the /./-n« • i making his whbm we Call the Ordinary. ^ ^^ . Aud if an Exccutor die making an Executor. i. the Goods. and any muSihogether\ but if a debt oDC by himfclf may doe as much as all together 5 barcUaied and ^ut onc maos teleafing of Debts or felling of charge the other to pay Co mach ^. if theAdminiftrato die But if an Adminiftrator die inreltate. IS tobejallQwearor good. ^:: . tT i. j|^g fecond Exccutot is Executor to the Brft Te-. j^^^g j^^j ^j^g authority given thembytheBi- debts J but (hip over the goods .

of the Teftator or inteftate^ and itinkinde.. r o c \X7 arreragesof Rent.hce miniftraterjm«y """^*' may retain fb much of the goods in kinde.or P^'d byihopbookes. or Bills Comraasby ^°^'^' unlealed. is faidto be in him^ but he may not enter nor rake his Le- Executorsor Admmiftrators m^ Jhll"xecmo'?s"arc chargedtopay '©'"e debts before ^s*<^"^** gacy without the afTent of the Executors or one of them^ becaufe the Executors are charged to pay Debts before Legacies.they may P'jl^"iiJg^^°*' '^^ *^ pay which rhcy lift firO.Legacies arc t© be before debts cord to the King.(70 If the Executor or Admimftrator pay debts^ Executorjor a«j. bv debts of Re. or Servants or Workmens BiisunfcaHor wajs:es^and not debts of Shop. if there be not otherwife fufficient to pay debts. andgivcth Legacies. or funenlls. fhall hare property of "'- r>^ i'-iiOM^ ropery hyLez^<y. but they may not fell any fpcciall Lcgacie which they will to pay Debts. or Contract by word^ for before them Legacies are to be payed.bookcs.. And ifoneotihem afTent to pay Lega*^i^*s. But this is to be under ftood.fhall pay the value thereof of his oWne puffe. he or they to whom the Legacies are given muft have the alTentofthe Executors or one of them to have his Iegacie. or by Bill and Bond feaIed. And if the Executors doubt that they fhall Exccutormny not have enough to pay every Legacy. Aa3 } .& the property of that Leafc or other goods bequeathed unto him. j hni: • ?« PRopertie by Legacie. or Legacies ofhis ownc money .hee .is where a man njaketh a Will and Executors.

and he is to doe it in fuch fort. and take bonds of the Admidlftrators to pertedm«i tt^MM* f^^jjjg jj^g Wi!l.si .(72.of a Leafe of goods to pay a mooey cy.as the Executor (hould have done. doemntthey If a man make a Will and make no Execucow. the Ordinary IS to » • ^ • ^ •n r^ a commit Adminiftration Ctfw TeJtAmento Annexe^ Adminiftration is to be commit. Ltfga- Buc they miy fell any Legacy which they Jl^^^oWbts. if they have not enoaghbeWhenaWiU is made and no Executor named. m. if he had been named. If chc Extmoti Deb». qj jfjj^^ Executots fcfufe. will topay Debts. wi:nj.

.

.

.^r $:.'^.^--'. r>^- . ... .

.:».'5C-^ *fr .:^^^ »-v. .

Sign up to vote on this title
UsefulNot useful