they come before judgment; and if upon default, or surrender, No.XXXII. judgment hap to be given, then the heirs, or they unto whom the 13 Edward I. ' reversion belongeth after the death of such tenants, shall have their c. 3 recovery by a writ of entry, in which like process shall be observed as is aforesaid, in case where the husband loseth his wife's land by default. And so in the cases aforesaid two actions do concur, one between the The receipt of demandant and tenant, and another between the tenant shewing his right, and the demandant.' [ No. XXXIII. ] 13 Edward I. st. 1. c. 4.-Where the Wife shall be endowable of Lands recovered against her Husband. Where the Heir may avoid a Dower recovered. A Remedy for particular Tenants losing by Default. IN case where the husband, being impleaded for land, giveth up the land demanded unto his adversary by covin; after the death of the husband, the justices shall award the wife her dower, if it be demanded by writ. But in case where the husband loseth the land in demand by 'default, if the wife after the death of her husband, demandeth her dower, it hath been proved, that some justices have awarded unto the woman her dower notwithstanding the default which her husband, made, other justices being of the contrary opinion, and judging otherwise. To the intent that from henceforth such ambiguity shall be 'taken away, it is thus ordained in certain, that in both cases the woman demanding her dower shall be heard. And if it be alleged against her, that her husband lost the land, whereof the dower is demanded by 'judgment, whereby she ought not to have dower, and then it be inquired by what judgment, and it be found that it was by default, where' unto the tenant must answer; then it behoveth the tenant to answer further, and to shew that he had right, and hath in the foresaid land, according to the form of the writ that the tenant before purchased against the husband, And if he can shew that the husband of such wife had no right in the lands nor any other but he that holdeth them, 'the tenant shall go quit, and the wife shall recover nothing of her 'dower; which thing if he cannot shew, the wife shall recover her dower. And so in these cases, and in certain other following, that is to say, When the wife being endowed loseth her dower by default, and tenants in free marriage, by the law of England, or for term of life or in feetail, divers actions do concur for such tenants, when they must demand 'their land lost by default: And when it is come to that point, that the tenants must be compelled to shew their right, they cannot make answer without them to whom the reversion of right belongeth; there'fore it is granted unto them to vouch to warranty, as if they were tenants, if they have a warranty. And when the warrantor hath war'ranted, the plea shall pass between him that is seised and the warrantor, according to the tenor of the writ that the tenant purchased there, and by which he recovered by default; and so from many actions at length 'they shall resort to one judgment, which is this, That the demandants shall recover their demand, or the tenants shall go quit. And if the 'action of such a tenant, which is compelled to shew his right, be moved by a writ of right, though that the great assize or battail 'cannot be joined by the words accustomed, yet it shall be joined by 'words convenient; for when the tenant, in that he sheweth his right which belongeth to him by the writ that he before purchased, instead ' of a demandant, the warrantor may well defend the right of the te'nant, which is accounted in place of the demandant, as before is said, ' and offer to defend the seisin of his ancestors by the body of his freeman, or put himself in the great assize, and pray recognizance to be made, whether he hath more right to the land in demand, or else the party before named. Or otherwise the great assize may be joined thus, talis defendit jus, &c. and so the warrantor may defend the right, 6 him in the reversion. 13 Edward I. st. 1. c. 4. The wife shall be endowable, though the land be recovered band by covin, againsther hus or by default. A remedy for tenants for life, &c. which do lose their land by default. The particular tenants may vouch him in the reversion. No. XXXIII. 13 Edward I. st. 3. c. 4. The heir avoid ' and knowledge the seisin of his ancestor, and put himself in the great assize, &c. and pray recognizance to be made whether he hath more right in the foresaid land, as in that whereof he enfeoffed such a man, or that such a one released and quit claimed, &c. or else the foresaid party, &c. And where sometime it chanceth that a woman not having ' right to demand dower, the heir being within age, doth purchase a writ of 'dower against a guardian, and the guardian endoweth the woman by favour, or maketh default, or by collusion defendeth the plea so faintly, whereby the woman is awarded her dower in prejudice of the heir; it is provided, That the heir, when he cometh to full age, shall have an action to demand the seisin of his ancestor against such woman, like as he 'should have against any other deforcer; yet so, that the woman shall dower recover-have her exception saved against the demandant, to shew that she had ed against her eth a woman of her dower recovered against his guardian. A woman's by default. Quod ei de- 13 Edward I. c. 5. Three original son. right to her dower, which if she can shew, she shall go quit and re'tain her dower, and the heir shall be grievously amerced, according 'to the discretion of the justices; and if not, the heir shall recover 'his demand, &c. In like manner the woman shall be aided, if the heir or any other do implead her for her dower, or if she lose her dower by default, in which case the default shall not be so prejudicial to her, but that she shall recover her dower, if she have right thereto, and she 'shall have this writ :' II. Præcipe A. quod juste, &c. reddat B. qua fuit uxor F. tantam terram cum pertinentiis in C. quam clamat esse rationabilem dotem suam, vel de rationabili dote sua, et quod prædictus A. ei deforceat, &c. And to this writ the tenant shall have his exception, to shew that she had no right to be endowed; which if he can verify, he shall go quit; if not, the woman shall recover the land, whereof she was endowed before. And whereas before time, if a man had lost his land by default, he had none other recovery than by a writ of right, which was not maintainable by any that could not claim of mere right, as tenants for term of life, in free marriage, or in tail, in which es'tates a reversion is reserved; it is provided, That from henceforth their default shall not be so prejudicial, but that they may recover their estate by another writ than by a writ of right, if they have right. For land in free marriage, lost by default, such a writ shall 'be made:' Præcipe A. quod juste, &c. reddat B. manerium de D. cum pertinentiis, quod clamat esse jus et maritagium suum, et quod A. ei injuste deforceat. 'Likewise of land for term of life, lost by default, this writ shall be made :' Præcipe A. quod juste, et sine dilatione, &c. reddat B. manerium de D. cum pertinentiis, quod clamat tenere ad terminum vitæ suæ, et quod predictus A. ei deforceat. Likewise, Quod clamat tenere sibi, et hæredibus de corpore suo legitime procreatis, et quod predictus A. ei deforceat. [ No. XXXIV. 13 Edward I. c. 5.-Remedies to Redress Usurpations of Advowsons of Churches, &c. WHEREAS of advowsons of churches there be but three original 66 writs, that is to say, one writ of right, and two of possession, "which be darrien presentment, and quare impedit; and hitherto it hath writs of advow." been used in the realm, that when any having no right to present, "had presented to any church, whose clerk was admitted, he that was very patron could not recover his advowson, but only by a writ of right, which should be tried by battail or by great assize, whereby heirs within age, by fraud, or else by negligence of their wardens, "and heirs both of great and mean estate, by negligence or fraud of "tenants by the courtesie, women tenants in dower, or otherwise, for 6 No. XXXIV. 13 Edward I. c. 5. Usurpation of churches dur estates shall reversion. "term of life, or for years, or in fee-tail, were many times disherited "of their advowsons, or at least (which was the better for them) were "driven to their writ of right, in which case hitherto they were utterly "disinherited;"it is provided, That such such presentments shall not be so prejudicial to the right heirs, or to them unto whom such ad' vowsons ought to revert after the death of any persons: For as often as any, having no right, doth present during the time that such heirs are in ward, or during the estates of tenants in dower, by the courtesie, or otherwise for term of life, or of years, or in tail; at the ing particular next avoidance, when the heir is come to full age, or when after the not prejudice death of the tenants before named the advowson shall revert unto the them in the ⚫heir being of full age, he shall have such action by writ of advowson 'possessorie, as the last ancestor of such an heir should have had at the last avoidance happening in his time, being of full age before his death, or before the demise was made for term of life, or in fee-tail, as be'fore is said. The same shall be observed in presentments made unto Presentations 'churches, being of the inheritance of wives, what time they shall be to churches of under the power of their husbands, which must be aided by this esta- women during tute by the remedy aforesaid. Also religious men, as bishops, arch- their coverture deacons, parsons of churches, and other spiritual men, shall be aided Churches of by this estatute, in case any having no right to present do present religious perunto churches belonging to prelacies, spiritual dignities, parsonages, or to houses of religion, what time such houses, prelacies, spiritual 'dignities, or parsonages be vacant. 6 sons. Judgments given shall not be reversed but by writ of error or attaint. The defendant pleadeth ple narty of his own presenta tion. II. Neither shall this Act be so largely understanden, that such persons, for whose remedy this statute was ordained, shall have the recovery aforesaid, surmising that guardians of heirs, tenants in tail, by the courtesie, tenants in dower, for term of life, or for years, or husbands, faintly have defended pleas moved by them, or against them because the judgments given in the King's court shall not be adnulled by this statute, the judgment shall stand in his force, until it be reversed in the court of the King as erroneous, if errour be 'found; or by assize of darrein presentment, or by enquest by a writ of quare impedit, if it be passed, or be adnulled by attaint, or certification, which shall be freely granted. And from henceforth one ⚫ form of pleading shall be observed among justices in writs of darrein presentment and quare impedit, in this respect, if the defendant allegeth plenarty of the church of his own presentation, the plea shall not fail by reason of the plenarty; so that the writ be purchased within 'six months, though he cannot recover his presentation within the six months. And sometimes when an agreement is made between many claiming one advowson, and inrolled before the justices in the roll, or by fine, in this form that one shall present the first time, and at the next avoidance another, and the third time another; and so of many, in case there be many. And when one hath presented, and had his presentation, which he ought to have according to the to a church by 'form of their agreement and fine, and at the next avoidance he to composition. whom the second presentation belongeth, is disturbed by any that was party to the said fine, or by some other in his stead; it is pro'vided, That from henceforth they that be so disturbed shall have no need to sue a quare impedit, but shall resort to the roll or fine; and if the said concord or agreement be found in the roll or fine, then the sheriff shall be commanded, that he give knowledge unto the disturber, that he be ready at some short day, containing the space of 'fifteen days, or three weeks (as the place happeneth to be near or far) for to shew if he can allege any thing, wherefore the party that is dis⚫turbed ought not to present: And if he come not, or peradventure doth The remedy for come, and can allege nothing to bar the party of his presentation, by reason of any deed made or written since the fine was made or in'rolled, he shall recover his presentation with his damages. And where it chanceth that after the death of the ancestor of him that presented his clerk unto a church, the same advowson is assigned in dower to 'any woman, or to tenant by the curtesie, which do present, and after ་ Presentations a disturbance after a particular estate ended. Any thing done since, &c. No. XXXIV. 13 Edward I. c. 5. Damages in quare impedit and darrein presentment. Quare impedit of prebends, vicarages, hospitals, &c. Disturbance by indicavit. Usurpation by one co-parcener upon another. 13 Edward I. c. 14. The process in an action of waste. the death of such tenants the very heir is disturbed to present when 'the church is void, it is provided, That from henceforth it shall be in 'the election of the party disturbed whether he will sue a writ of quare impedit, or of darrein presentment. The same shall be observed in 'advowsons demised for term of life, or years, or in fee-tail. III. And from henceforth in writs of quare impedit and darrein pre'sentment, damages shall be awarded, that is to wit, If the time of six 'months pass by the disturbance of any, so that the bishop do confer to the church, and the very patron loseth his presentation for that time, damages shall be awarded for two years' value of the church. And if the six months be not passed, but the presentment be deraigned within the said time, then damages shall be awarded to the half year's value of the church; and if the disturber have not whereof he may ⚫ recompense damages, in case where the bishop conferreth by lapse of time, he shall be punished by two years' imprisonment; and if the advowson be deraigned within the half year, yet the disturber shall be 'punished by the imprisonment of half a year. IV. And from henceforth writs shall be granted for chapels, prebends, vicarages, hospitals, abbeys, priories, and other houses which be of the advowsons of other men, that have not been used to be granted before. And when the parson of any church is disturbed to demand tithes in the next parish by a writ of indicavit, the patron of the parson so disturbed shall have a writ to demand the advowson of the tithes being in demand; and when it is deraigned, then shall the plea pass in the court Christian, as far forth as it is deraigned in the King's court. 6 V. When an advowson descendeth unto parceners, though one pre'sent twice, and usurpeth upon his co-heir, yet he that was negligent 'shall not be clearly barred, but another time shall have his turn to pre'sent when it falleth.' [ No. XXXV. ] 13 Edward I. c. 6.-The Penalty if a Tenant impleaded voucheth, and the Vouchee denieth his Warranty. | No. XXXVI. ] 13 Edward I. c. 7.-Admeasurement of Dower for the Guardian and the Heir, and the Process therein. [ No. XXXVII. ] 13 Edward I. c. 9.-In what case the Writ of Mesne is to be pursued. [No. XXXVIII. ] 13 Edward I. c. 14.-The Process in an Action of Waste. A Writ to enquire of Waste. WH WHEREAS for waste done in the inheritance of any person, by guardians, tenants in dower, tenants by the courtesie of England, or "otherwise for term of life, or years, a writ of prohibition of waste hath "been used to be granted, by which writs many were deceived, thinking "that such as had done the waste should not need to answer but only "for waste done after the prohibition to them directed;" our Lord the King, to remove from henceforth this error, hath ordained, That of all manner of waste done to the damage of any person, there shall "from henceforth be no writ of prohibition awarded, but a writ of 'summons, so that he of whom complaint is shall answer for waste done at any time; and if he come not after the summons, he shall be attached, and after the attachment he shall be distrained; and if 'he come not after the distress, the sheriff shall be commanded that in proper person he shall take with him twelve, &c. and shall go to the place wasted, and shall enquire of the waste done, and shall return an inquest, and after the inquest returned, they shall pass unto 'judgment, like as it is contained in the statute of Gloucester.' [ No. XXXIX. ] 13 Edward I. c. 17.-In what Case Essoign De malo lecti doth lie, and where not. [No. XL.] 13 Edward I. c. 20.-The Tenant's Answer in a Writ of Cosinage, Aiel and Besaiel. [ No. XLI.] 13 Edward I. c. 21.-A Cessavit by the chief Lord against his Freehold Tenant. [No. XLII.] 13 Edward I. c. 22.—Waste maintainable [ No. XLIII.] 13 Edward I. c. 24.-A Writ of Nuisance of a House, &c. levied and aliened to another. A Quod permittat and Juris utrum for a Parson of a Church. In like Cases like Writs be grantable. [Inserted Part IV. Class III. No. 3.] [No. XLIV. ] 13 Edward I. c. 25.-Of what Things an Assise shall lie. Certificate of Assise. Attachment in an assise. [No. XLV. 13 Edward I. c. 26.-Who may bring a Writ of Redisseisin, and the Punishment of the Offender therein. [ No. XLVI.] 13 Edward I. c. 27.-Essoign after Inquest, but none after Day given Prece Partium. [ No. XLVII.] 13 Edward I. c. 28.-In certain Actions, after Appearance there shall be no Essoign. [ No. XLVIII.] 13 Edward I. c. 32.-Mortmain by Recovery of Land by Default. [Inserted Part II, Class V. No. 3. No. XXXVIII. 13 Edward I. c. 14. A writ to en quire of waste. |