142 Real Actions. No. XLIX. [No. XLIX. ] 13 Edward I. c. 35.-In what cases do lie a Writ of Ravishment of Ward, Communi Custodia, Ejectione, &c. 13 Edward I. c. 35. 13 Edward I. c. 48. [No. L.] 13 Edward I. c. 40.-A Woman's suit shall [No. LI.] 13 Edward I. c. 48.-In what Cases the FOR view of land it is ordained and provided, That from henceforth [No. LII.] 20 Edward I. stat. 1.-In a Plea of Land the Tenant voucheth, and the Demandant counterpleadeth. 66 20 Edward I. WH stat. 1. Voucher. Vouched. 3 Ed. 1. c. 40. the demandant 68 WHEREAS the tenant impleaded in a plea of land or tenement heretofore had vouched to warranty, and thereupon the de"mandant would aver, that neither he that is vouched, nor any of his "ancestors (since the time that the ancestor of the demandant was "seised) was in possession of the said lands, neither in demean nor in 66 service, if the party vouched were present, and would warrantise the "land freely unto the tenant, such averment of the demandant hath not "been used to be admitted, unless the party vouched had been absent, "and that by reason of a certain statute of the King lately made amongst "other statutes of West. 1. "II. Wherefore our Lord the King, considering the fraud, deceit, and "malice, and also his own damage, and disherison of his crown, that "in the said case hath many times happened in this court, and daily "doth, whereas some holding of the King in chief by a whole barony, in a plea hanging before the justices of the bench, upon their demand "do vouch particularly, base persons unknown and strangers (which eth the voucher." they will bring forth) and of whom neither they nor their ancestors "had ever any thing in the lands that they warranted, nor in any other "lands or tenements within this realm, neither in demean nor in service, "as hath been testified by divers of the King's faithful subjects; so that by such cautel, fraud, and malice, the same tenants, holding by an 66 "entire barony, do defraud the King of the amerciament that they "should incur, if the demandant should recover against them. No. LII. 20 Edward I. stat. 1. "III. And likewise when such base persons have warranted, that is to "wit, every one for his portion that he ought to warrant, he may defend "himself by the body of his servant procured and hired by them that "hold baronies, and so upon one writ and one demand there were two "or three wagers of battail, the which was hard and perilous example "for poor men in time coming, that shall be demandants against great "and rich men, which will defend themselves by the malice aforesaid; "and the demandant cannot have his averment against such warrantors, Averment. "when they be vouched in form aforesaid, because they be present, and "will warrantise freely;" By his common council hath ordained, and 'from henceforth, that is to say, from the feast of St. Hilary, the twentieth year of his reign, he hath commanded to be observed, that 'when the tenant doth vouch any to warranty, and the demandant will 'aver in form before rehearsed, his averment shall be admitted, whether 'the party vouched be absent or present, without any respect had unto his absence or presence.' 6 [No. LIII.] 20 Edward I. stat. 2.-Tenant for Life committeth Waste, he in the Reversion brought an Action of Waste, and dieth before Judgment, his Heir brought an Action for the same Waste. 66 66 WILLIAM BUTLER which is within age, and in ward of our Lord 20 Edward I. stat. 2. the King, hath shewed unto his Highness, that where Gawin "Butler his brother (whose heir he is) had impleaded on Walter de Not a statute. "Hapeton by the King's writ, for waste and destruction made by him "the said Walter in certain his lands and tenements, which the same "Walter held for term of his life, of the inheritance of the aforesaid Gawin in Wimme and Thirke; and the aforesaid Gawin, before he had "obtained judgment, died, after whose death the aforesaid William by "like writ impleaded the aforesaid Walter for the waste and destruc"tion made by him of long time. The same Walter before Gilbert "Thornton and his companions, assigned to hear the King's pleas, came “in, and said, that he ought not to answer to the same William for the "waste and destruction made in the time of another, before the right of "the said inheritance descended unto him, and thereupon demanded "judgment. And forasmuch as certain justices did not agree in giving "of the said judgment, because it seemed to some that it should not be 66 agreeable to the law, that any person should obtain advantage and recompence by the aforesaid writ, which is a writ of trespass done to a person certain, but only the same person to whom and in whose time "the trespass was done; other justices, with the more part of the King's "council, were in the contrary opinion, alleging by divers reasons, that "the said William ought to be heard and answered unto, and all other "whatsoever they be, in like cases or in like trespasses: And because "like matters have remained not amended, and trespasses unpunished, "which was inconvenient : 66 II. Wherefore our Lord the King, in his full Parliament holden the day after the feast of the Purification, in the twentieth year of his reign, by a general council hath ordained, and from henceforth hath com'manded to be straitly observed, That every heir (in whose ward soever he be, and as well within age as of full age) shall have his recovery by a writ of waste in the foresaid case, and also in other where the same 'writ ought to hold place; and it shall hold place as well for waste and 'destruction made in lands and tenements of his own inheritance, and as 'well in the times of his ancestors, as at any other time that the fee and ' inheritance descended unto him, and shall be answered unto therefore; ' and that he shall recover the tenements wasted, and damages, as it is ' ordained in the second statute of Westminster, of damages to be re- 13 Ed. 1. stat.1. ⚫ covered in a writ of waste, if the tenant be convict of waste. And it is c. 14. No. LIII. 20 Edward I. stat. 2. 'commanded by the King himself unto the same Gilbert Thornton and his companions, that they do proceed in the foresaid matter, and in otherlike from henceforth, and judgment shall be given according as • the matter is found. And likewise it is commanded unto the justices, that they shall cause all the foresaid things to be straitly observed before them from henceforth.' [No. LIV.] 20 Edward I. stat. 3.-Where a Stranger coming in by a collateral Title, not Party to the Suit, shall be received. [No. LV. ] 28 Edward I. stat. 3. c. 15.-In Summons and Attachments in Plea of Land the Writ shall contain Fifteen Days. 28 Edward I. IN stat. 3. c. 15. 12 Edward II. stat. 2. * Note, The Order is transposed in the translation. summons and attachments in plea of land, the summons and attachments from henceforth shall contain the term of fifteen days 'full at the least according to the common law, if it be not in attach'ment of assises taken in the King's presence, or of pleas before justices in eyre, during the eyre.' [ No. LVI. ] 34 Edward I. stat. 1.-Jointenancy pleaded in Abatement of a Writ, &c. [No. LVII] 12 Edward II. stat. 1. c. 1.-Tenants in Assise of Novel disseisin may make atturnies. [At length in Part IV. Class II. No. 5.] [No. LVIII. ] 12 Edward II. stat. 2.-Several Cases wherein Essoigns do not lie. HERE is declared how many ways essoigns may be challenged, and in what cases essoigns do lie, and in what not; that is to say, an essoign lieth not where the land is taken into the King's hands Essoign lieth not where the party is distrained by his land and chattels. Essoign lieth not where any judgment is given thereupon. Essoign of ultra mare lieth not where another time the party hath been essoigned de 'malo veniendi. It lieth not where the party hath essoigned himself 'another day. It lieth not where the sheriff was commanded to make the party to appear. Essoign de servitio regis lieth not where the party ' is a woman, unless because she be nurse, a midwife, or commanded by writ ad ventrem inspiciendum. It lieth not for that the plaintiff hath not found pledges to prosecute the suit. It lieth not where the party hath an attorney in his suit. It lieth not where the essoigner confesseth that he is not in our Lord the King's service. It lieth not where the summons is not returned, or the party not attached, ' for that the sheriff hath returned non est inventus. It lieth not where 'the party another time was essoigned, de servitio regis, that is to wit, 'such a day, and now he hath not put in his warrant. *It lieth not 'where he was re-summoned in assise of Mortdauncester, or Darrein pre'sentment. It lieth not because such a one is not named in the writ. It lieth not where the sheriff hath a precept to distrain the party to come by his lands and goods to attach him.` It lieth not where the bishop 'was commanded to cause the party to appear. It lieth not for that the term is passed. And it is to be noted, that an essoign de servitio domi'ni regis is allowed after the grand cape, petty cape, and after distresses ⚫ taken upon the lands and goods,' No. LIX. [No. LIX. ] 2 Edward III. c. 17.-A Writ of Deceit 2 Edw. III. shall be maintainable in Case of Garnishment in Plea of Land. [No. LX. ] 9 Edward III. stat. I. c. 2.-No Man shall lose Land because of Nonplevin. [ No. LXI.] 14 Edward III. stat. 1. c. 17.—A Juris utrum maintainable for a Parson or. Vicar. ITEM it is assented and established, That parsons, vicars, wardens of c. 17. chapels, and provosts, wardens and priests of perpetual chaunteries, 14 Edward III. ⚫ shall have their writs of juris utrum of lands and tenements, rents and ' possessions annexed, or given perpetually in alms to vicarages, chapels, or chaunteries, and recover by other writs in their case as far forth as 'parsons of churches or prebends.' [ No. LXII. ] 14 Edward III. stat. 1. c. 18.-If the Tenant will vouch to Warranty a dead Man, the Demandant may aver that he is dead. [ No. LXIII. ] 25 Edward III. stat. 3. c. 7.-The Ordinary may counterplead the King's Title for a Benefice fallen by Lapse. "IT! stat. 1. c. 17. stat. 3. c. 7. TEM, Because that many presentments to divers benefices of holy church, as well of the patronage of lay people, as of people of holy 25 Edward 111. "church, which were void by six months, whereof the collation of such "benefices by lapse of time was devolute, and of right pertaining to "the ordinaries of the places, were recovered by the King by judgments "thereof given of the assent of the said patrons, in deceit of the said "collations so made reasonably by the said ordinaries; in which pleas "the ordinaries nor their clerks, to whom they did give such benefices, "were not received to shew nor defend their right in this behalf, nor to "counterplead the King's right so claimed, which is not reasonable :" 'Wherefore the King, by the assent of the said Parliament, will and granteth for him and his heirs, that when archbishops, bishops, or other ordinaries, have given a benefice of right devolute to him by lapse of ⚫ time, and after the King presenteth and taketh the suit against the patron, which percase will suffer that the King shall recover without action tried, in deceit of the ordinary, or the possessor of the said be'nefices, that in such case, and all other cases like, where the King's ⚫ right is not tried, the archbishop or bishop, ordinary or possessor, shall be received to counterplead the title taken for the King, and to have his answer, and to shew and defend his right upon the matter, although that he claim nothing in the patronage in the case aforesaid.' [No.LXIV. 25 Edward III. stat. 5. c. 16.-The Exception of Nontenure of Parcel shall not abate the whole Writ. [ No. LXV.] 1 Richard II. c. 9.-A Feoffment of Lands VOL. IV. L No. LXV. 1 Richard II. c. 9. 7 Richard II. c. 10. or Gift of Goods for Maintenance shall be void. An Assise is maintainable against the Pernor of the Profits of Lands. [No. LXVI. ] 7 Richard II. c. 10.-Where an Assize shall be taken of Rents, issuing forth of Lands, in divers Counties. ITEM it is ordained and assented, That an assise of novel disseisin shall be from henceforth granted and made of rent behind due of tenements being in divers counties, to be holden in the confine of the 'counties, within which the tenements be; and thereupon the assise taken and tried by people of the said counties in the same manner as is 'done of a common of pasture being in one county, and appendant to ' tenements in another county; and that as well of disseisins done in 'times past, as of disseisins yet to be done; and that writs thereupon at 'the suit of the plaintiffs be made from henceforth in the Chancery 'without any manner of contradiction, in a due form.' [No. LXVII.] 13 Richard II. st. 1. c. 17.-Where he in the Reversion may be received in a Suit commenced against the particular Tenant. 13 Richard II. “ st. 1. c. 17. He that prayeth to be received, shall find sure ty of the issues of the land in demand. 66 66 ITEM, Because that when tenants for term of life, tenants in dower, or by the law of England, or in tail after possibility of issue ex"tinct, be impleaded, they be often of the covin of the demandants, "that the tenements demanded against them shall be recovered, and they will not pray in aid, nor vouch to warranty them in the reversion, but plead in chief such a plea whereby they know well the tene"ments shall be lost, in disherison of them in the reversion;" it is 'accorded and assented, That if any such tenant be impleaded, and he in the reversion come into the court, and prayeth to be received to defend his right at the day that the tenant pleadeth to the action, or before, he shall be received to plead in chief to the action, without taking any delay by voucher, aid prayer, nonage, or any other delay 'whatsoever, so that after such receipt he shall have no manner delay by protection, essoin of the King's service, common essoin, nor any other delay whatsoever, but that the business shall be hasted in as 'much as it may be by the law; and that days of grace be given by the 'discretion of the judges between the demandant and him that is re'ceived in such case, without giving the common day in plea of land, if the demandant will not assent, to the intent that the demandants be not too much delayed, because they must plead with two adversaries ; ' and in the right of pleas that be now depending in such case, they in 'the reversion shall be received in the manner aforesaid, at the next day that the parties have in court, although the same parties have pleaded in chief before this time. II. Provided always, That they in the reversion which pray to be 'received, as before is said, shall find surety of the issues of the tene'ments demanded for the time that the same demandants be delayed, after the said plea determined between the demandants and tenants, if the judgment pass for the demandant against them in the reversion 'aforesaid, as well where the receipt is counterpleaded, as where it is 'granted.' [ No. LXVIII.] 15 Richard II. c. 12.-No Man shall be compelled to answer for his Freehold before the Council of any Lord. [At length, supra.] |