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• 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 • recovery by a writ of entry, in which like process shall be observed as • is aforesaid, in case where the husband loseih his wife's land by default. * And so in the cases aforesaid two actions do concur, one between the The receipt of • deinandant and tenant, and another between the tenant shewing his him in the re' right, and the demandant.'
No. XXXIII. 7 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 N case where the husband, being impleaded for land, giveth up the 13 Edward I.
land demanded unto his adversary by covin ; after the death of the st. 1. c. 4. husband, the justices shall award the wife her dower, if it be demanded The wife shall by writ. But in case where the husband loseth the land in demand by be endowalle, default, if the wife after the death of her husband, demandeth her though the land
be recovered • dower, it hath been proved, that some justices have awarded unto • the woman her dower notwithstanding the default which her husband, band by covin,
againsther hus • made, other justices being of the contrary opinion, and judging other
or by default. * wise. 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, A remedy for • When the wife being endowed loseth her dower by default, and tenants tenants for life,
in free marriage, by the law of England, or for term of life or in fee- &c. which do • tail, divers actions do concur for
such tenants, when they must demand lose their land • their land lost by default: And wben it is come to that point, that the by default. * tenants must be compelled to shew their right, they cannot make
answer without them to whom the reversion of right belongeth; there. The particular • fore it is granted unto them to vouch to warranty, as if they were
tenants may ' tenants, if they have a warranty. And when the warrantor hath war
vouch him in
the reversion. . 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 free* man, 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,
No. ' and knowledge the seisin of his ancestor, and put himself in the great XXXIII. assize, &c. and pray recognizance to be made whether he hath more 13 Edward I. ' 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 st. 3. c. 4.
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 The heir avoid- dower against a guardian, and the guardian endoweth the woman by faeth a woman of her dower
vour, or maketh default, or by collusion defendeth the plea so faintly, recovered whereby the woman is awarded her dower in prejudice of the heir ; it is against his provided, That the heir, when he cometh to fullage, shall have an action guardian. • to demand the seisin of his ancestor against such woman, like as he A woman's • 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 right to her dower, which if she can shew, she shall go quit and reby default. ‘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 :' Quod ei deforceat for te- Præcipe A. quod juste, &c. reddat B. manerium de D. cum pertinant in frank- nentiis, quod clainat esse jus et maritagium suum, et quod A. ei inmarriage. juste deforceat. For tenant for • Likewise of land for term of life, lost by default, this writ shall life, or in tail. be made :'
Præcipe A. quod juste, et sine dilatione, &c. reddat B. manerium de D. com pertinentiis, quod clamat tenere ad terminum vilæ suæ, et quod predictus A. ei deforceat.
Quod clamat tenere sibi, et hæredibus de corpore suo legitime procreatis, et quod predictus A. ei deforceat.
13 Edward I.
c. 5. Three original writs of adyowson.
[ No. XXXIV. ] 13 Edward I. c. 5.—Remedies to Redress Usurpations of Advowsons of Churches, &c.
of writs, that is to say, one writ of right, and two of possession, “ which be darrien presentment, and quare impedit; and hitherto it hath “ 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 s tenants by the courtesie, women tenants in dower, or otherwise, for “ term of life, or for years, or in fee-tail, were many times disherited No. “ of their advowsons, or at least (which was the better for them) were XXXIV. “ driven to their writ of right, in which case hitherto they were utterly 13 Edward I. “ disinherited;" • it is provided, That such such presentments shall not
c. 5. • 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 Usurpation of ‘are in ward, or during the estates of tenants in dower, by the cour- churches dur
tesie, 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 reversion. ' possessorie, as the last ancestor of such an heir should have had at the • Jast avoidance happening in his time, being of fullage before his death, • or before the demise was made for term of life, or ip 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, sons. or to houses of religion, what time such houses, prelacies, spiritual dignities, or parsonages be vacant. • II. Neither shall this Act be so largely understanden, that such
Judgments persons, for whose remedy this statute was ordained, shall have the given shall not * recovery aforesaid, surmising that guardians of heirs, tenants in tail, be reversed but • by the courtesie, tenants in dower, for term of life, or for years, or by writ of er• husbands, faintly have defended pleas moved by them, or against ror or attaint.
them: because ihe 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 certifi*cation, which shall be freely granted. And from henceforth one
The defendant • form of pleading shall be observed among justices in writs of darrein
pleadeth ple• presentment and quare impedit, in this respect, if the defendant alleg. harty of his eth plenarty of the church of his own presentation, the plea shall not
own presenta· fail by reason of the plenarty; so that the writ be purchased within tion. • 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
Presentations had bis presentation, which he ought to have according to the 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 a disturbance reason of any deed made or written* since the fine was made or in- after a particurolled, he shall recover his presentation with his damages. And where lar estate it chanceth that after the death of the ancestor of him that presented ended. his clerk unto a church, the same advowson is assigned in dower to *Any thing 'any woman, or to tenant by the curtesie, which do present, and after done since, &c.
No. XXXIV. 13 Edward I.
Damages in quare impedit and darrein presentment.
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.
• I11. 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 ad. vowson be deraigned within the half year, yet the disturber shall be ' punished by the imprisonment of half a year.
* IV. And from benceforth writs shall be granted for chapels, pre. bends, vicarages, hospitals, ableys, 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.
• 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 present when it falleth.'
Usurpation by one co-parcener upon another.
[ 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.
13 Edward I.
[ No. XXXVIII. ] 13 Edward I. c. 14.-The Process
in an Action of Waste. A Writ to enquire of Waste.
in dians, 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 froin 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
The process in an action of waste.
• done at any time; and if he come not after the summons, he shall No. • be attached, and after the attachment he shall be distrained; and if
XXXVIII. • 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 13 Edward I. the place wasted, and shall enquire of the waste done, and shall re- c. 14. turn an inquest, and after the inquest returned, they shall pass unto * judgment, like as it is contained in the statute of Gloucester.'
A writ to enquire of waste.
[ 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 bis Freehold Tenant.
[ No. XLII.] 13 Edward I. c. 22.-Waste maintainable by one Tenant in common against another.
[Inserted Part II. Class IV. No. 1.]
[ 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. 1 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 In
quest, 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 Re
covery of Land by Default.
[Inserted Part II, Class V. No, 3.