Page images
PDF
EPUB

No. XLIX.

[ No. XLIX. ] 13 Edward I. c. 35.--In what cases do 13 Edward I.

lie a Writ of Ravishment of Ward, Communi Custodia, Ejeclione, &c.

c. 35.

[ No. L. ] 13 Edward I. c. 40.-A Woman's suit shall

not be deferred by the Minority of the Heir.

[blocks in formation]

FOR

[ocr errors]

[ No. LI. ] 13 Edward I. c. 48.-In what Cases the

View of Land is grantable, and what not.

view of land it is ordained and provided, That from henceforth view shall not be granted but in case when view of land is necessary; As if one lose land by default, and he that loseth, moveth a writ • to demand the same land. And in case when one by an exception dila• tory abateth a writ after the view of the land, as by non-tenure, or • misnaming of the town, or such like, if he purchase another writ, in • this case, and in the case before mentioned, from henceforth the view shall not be granted, if he had view in the first writs. In a writ of dower, where the dower in demand is of land that the husband aliened • to the tenant or bis ancestors, where the tenant ought not to be ignorant

what land the husband did aliene to him or his ancestor, though the • husband died not seised, yet from henceforth view shall not be granted • to the tenant. In a writ of entre also, that is abated because the de• mandant misnamed the entry, if the demandant purchase another writ

of entre, if the tenant had view in the first writ, he shall not have it in the second. In all writs also where lands be demanded by reason of a • lease made by the demandant, or his ancestor, unto the tenant, and

not to his ancestor, as that which he leased to him, being within age, • not whole of mind, being in prison, and such like, view shall not be

granted hereafter; but if the demise were made to his ancestor, the • view shall lie as it hath done before.'

66

[ No. LII.] 20 Edward I. stat. 1.-In a Plea of Land

the Tenant voucheth, and the Demandant counter

pleadeth. 20 Edward I.

Wh

VHEREAS the tenant impleaded in a plca of land or tenement stat. 1.

heretofore had vouched to warranty, and thereupon the deVoucher. “ mandant would aver, that neither he that is vouched, nor any of his

“ ancestors (since the time that the ancestor of the demandant was Vouched. “ seised) was in possession of the said lands, neither in demean nor in

“ 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 statate of the King lately made amongst 3 Ed. 1, c. 40. “ other statutes of West. l. In plea of land, “ II. Wherefore our Lord the King, considering the fraud, deceit, and the tenant “ malice, and also his own damage, and disherison of his crown, that voucheth one “ in the said case hath many times happened in this court, and daily present, and

“ doth, whereas some holding of the King in chief by a whole barony, the demandant “ in a plea hanging before the justices of the bench, upon their demand counterpleadeth thevoucher. “ they will bring forth) and of whom neither they nor their ancestors

“ do vouch particularly, base persons up known and strangers (which “ 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 “ entire barony, do defraud the King of the amerciament that they

No. LII. “ should incur, if the demandant should recover against them. 20 Edward I.

“ III. And likewise when such base persons have warranted, that is to stat. 1. “ wit, every one for his portion that he ought to warrant, be 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 averinent shall be admitted, whether • the party vouched be absent or present, without any respect had unto • his absence or presence.'

[ocr errors]

[ 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. TILLIAM BUTLER which is within age, and in ward of our Lord 20 Edward I. the King, hath shewed unto his Highness, that where Gawin

stat. 2. 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 “agreeable to the law, that any person should obtain advantage and re

compence 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 “ihe trespass was done; other justices, with the more part of the King's “ council, were in the contrary opinidn, 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 :"

• 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 halh commanded 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.l. ' covered in a writ of waste, if the tenant be convict of waste. And it is c. 14.

6

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.

28 Edward I. stat. 3. c. 15.

[ No. LV.) 28 Edward I. stat. 3. c. 15.— In Summons

and Attachments in Plea of Land the Writ shall contain Fifteen Days. I N summons and attachments in plea of land, the summons and at

tachments 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.]

6

[ocr errors]

[ No. LVIII. ) 12 Edward II. stat. 2.-Several Cases

wherein Essoigns do not lie. 12 Edward II. HERE is declared how many ways essoigns may be challenged, and stat. 2.

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 es

soigner confesseth that he is not in our Lord the King's service. IL • Jieth 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, Note, The • such a day, and now he hath not put in his warrant. * It lieth not Order is trans- • where he was re-summoned in assise of Mortdauncester, or Darrein preposed in the 6 sentment. It lieth not because such a one is not pamed in the writ. It translation.

• 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 domini regis is allowed after the grand care, petty cape, and after distresses • taken upon the lands and goods,

[ocr errors]

[ No. LIX. ] 2 Edward III. c. 17.-A Writ of Deceit

shall be maintainable in Case of Garnishment in Plea of Land.

No. LIX. 2 Edw. III.

c. 17.

[ No. LX. ] 9 Edward III. stat. 1. 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 chapels, and provosts, wardens and priests of perpetual chaunteries,

14 Edward III. shall have their writs of juris ulrum of lands and tenements, rents and

stat. 1. c. 17. possessions annexed, or given perpetually in alms to vicarages, chapels,

or chaunteries, and recover by other writs in their case as far forih as “ parsons of churches or prebends.'

[ No. LXII. ] 14 Edward JII. 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 Ordi

nary may counterplead the King's Title for a Benefice

fallen by Lapse. IT 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

stat. 3. c. 7. “ 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 sbew 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 • actiou 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 Ex

ception 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. i Richard II.

c. 9.

or Gift of Goods for Maintenance shall be void. An
Assise is maintainable against the Pernor of the Profits
of Lands.

7 Richard II.

[ocr errors]

c. 10.

[ 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
• tencments 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. “

I

(TEM, Because that when tenants for term of life, tenants in dower, st. I. c. 17. or by the law of England, or in tail after possibility of issue ex

“ tipct, 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 rever-
“sion, 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 bim 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. He that prayeth

• II. Provided always, That they in the reversion which pray to be to be received, received, as before is said, shall find surety of the issues of the teneshall find sure

ments demanded for the time that the same demandants be delayed, ty of the issues after the said plea determined between the demandants and tenants, if of the land in . the judgment pass for the demandant against them in the reversion demand. • aforesaid, as well where the receipt is counterpleaded, as where it is

granted.'

6

[ocr errors]
[ocr errors]

( 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.]

« PreviousContinue »